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| 10. DEVELOPER RESPONSIBILITY |
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Introduction |
| 10.1 |
Development may have a wide ranging impact
depending upon its scale and complexity. Where development is acceptable
in principle, the wider consequences of allowing it should be considered
and it may be reasonable that a condition of approval requires further
works to mitigate any adverse impact. Such further works may be termed
community related assets or have commonly been known as "planning
obligations". |
| 10.2 |
Such 'obligations' must always be consequential
upon the development. For example, a development may impact on an
existing community by placing greater strains on schools, community
centres and libraries. Where this occurs it has been remedied in the
past through additional provision by public sector investment. |
| 10.3 |
This historical approach no longer applies
and developers will be expected to meet the wider costs of development
when a proposal has an impact on the locality, by contributing to
the provision of social, educational, recreational, or other community
facilities. |
| 10.4 |
There is a background of statute, government
policy and case law on this subject, describing the infrastructure
and other assets that may be negotiated from developers before planning
permission is granted. |
| 10.5 |
Full details of the Government's policies
on planning obligations are given in Planning Policy Guidance Notes
1 and 12 and Circular 1/97. |
| 10.6 |
Circular 1/97 contains the tests of reasonableness,
which govern the circumstances under which planning obligations may
be sought. They must fairly and reasonably relate in scale and kind
to the proposed development. |
| 10.7 |
Certain infrastructure improvements are
more obvious than others: for example, where the existing capacity
of a road needs to be increased to accommodate the traffic generated
by the proposed development. |
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Objective: |
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- TO RECOVER AS PART OF A PLANNING APPROVAL, THE ADDITIONAL COSTS
OF COMMUNITY INFRASTRUCTURE PROVISION RESULTING FROM THE IMPACT
OF A PROPOSED DEVELOPMENT.
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| Policy DR1 |
Developer Responsibility |
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| The Council will seek Planning
Obligations from developers for the provision of, or a contribution
towards the cost of, community infrastructure where the impact of
any proposed development requires the provision of such infrastructure
in order to allow planning permission to be granted. |
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| 10.8 |
The Council will secure such contributions
or works by planning condition, obligation, or other legal agreement. |
| 10.9 |
The policy is designed to ensure that
appropriate contributions are made by developers towards the consequential
effects of their proposals. |
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