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Planning Obligations (April 2013)

  • Planning, conservation and building control

A Planning Obligation (also known as ‘Section 106’) is a legally binding agreement made between the developer and the Council which is drafted where necessary to make an application acceptable in planning terms. The Planning Act 2008 and subsequent Community Infrastructure Levy Regulations (as amended) introduced the Community Infrastructure Levy (CIL) as a new method of raising money for infrastructure from development. CIL is considered to be fairer, more certain and transparent.

The Planning Obligations SPD focuses on when Planning Obligations will be required and the relationship with CIL. It sets the requirements for different scales of development as well as the procedural process for delivering a legal agreement.

The SPD replaces the Planning Obligations SPD which was first published in 2006 and the Interim Guidance Note Responding to the Recession: Bringing Flexibility to S106 Planning Obligations published in September 2009. It also replaces the following SPDs – Contributions to Education, Contributions to Health Facilities and Contributions to Libraries.

In the context of the adopted CIL in Barnet the Planning Obligations SPD helps clarify the site specific or local circumstances when Planning Obligations will be used. The following planning issues are covered:

1.    Physical Infrastructure: Transport impact mitigation and travel plans
2.    Social Infrastructure: Public open space, outdoor amenity space and children’s play space requirements
3.    Social Infrastructure: Community, health and educational facilities 
4.    Green Infrastructure: Environmental requirements in relation to air quality, noise pollution and biodiversity

Further types of contributions may also be relevant to your scheme. The best way of being certain of the negotiated contributions that will apply to a planning application is to discuss these in a pre-application advice session. 

Context to national guidance, Core Strategy, Development Management Plan

The Planning Obligations SPD will sit beneath and implement Local Plan policies in the Core Strategy and the Development Management Policies setting out borough-wide requirements and best practice planning guidance. The SPD will be used as a material consideration and help inform decision making by the planning service and planning committees.

Consultation and adoption

In accordance with Regulations 11 and 14 of the Town and Country Planning (Local Planning) (England) Regulations 2012, notice is hereby given that Barnet council’s cabinet adopted the Planning Obligations SPD on 18 April 2013.

Contacts

  • Planning Policy
  • Strategic Planning and Regeneration
    London Borough of Barnet
    Barnet House
    1255 High Road
    London N20 0EJ
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  • Tel: 020 8359 4990
  • Email: forward.planning@barnet.gov.uk

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