Developer Contributions

12.4 The Replacement Local Plan aims to ensure that development should make maximum use of existing infrastructure, using spare capacity wherever possible. However, it is inevitable that some development will have to take place where existing infrastructure is inadequate or not available. In such circumstances the development will not be permitted unless the infrastructure required to service the proposal can be made available, either directly by the developer or by means of financial contributions to the appropriate service providers. If possible, the infrastructure improvements required by the development should benefit the wider community.

12.5 Wherever possible, this Replacement Local Plan sets out precisely the likely infrastructure requirements associated with major development sites. However, the issues dealt with under specific policies are not intended to be exhaustive and it is difficult to anticipate other matters that may arise in connection with a particular application. The Borough Council will refer to government advice and Planning Guidance and any subsequent replacement Supplementary Planning Document on the use of planning obligation agreements.

12.6 In all cases failure to provide the facilities necessary for a development will be a material factor in the determination of planning applications and, as such, would be a reasonable justification for refusal. Where the requirements cannot be met through a condition on the planning permission, a planning obligation under the Planning and Compulsory Purchase Act 2004, or subsequent legislation, will be sought subject to the tests laid out in government guidance.

POLICY IM1: DEVELOPER CONTRIBUTIONS

Planning permission for development will be granted only where applicants can demonstrate to the satisfaction of the local planning authority and in accordance with the criteria in Circular 5/05 that the infrastructure required to service and support the proposed development can be provided.

The local planning authority will expect such infrastructure provided by the developer, either on or off the site, to be an integral part of the development. Alternatively, it may be secured by means of financial contributions paid by the developer to the appropriate service providers and/or by the provision of land for the infrastructure.

The requirements of this policy will be met either by the imposition of appropriate planning conditions on a planning permission or by means of obligations contained in legal agreements in accordance with planning guidance and any subsequent replacement Supplementary Planning Document on developer contributions.

Note:
In the context of this policy, infrastructure includes: Landscaping, utility services, highways and transport, education services, affordable housing, community facilities, leisure facilities and playing space, libraries, open space, recycling facilities, local health facilities, environmental infrastructure and drainage.