Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what assessment they have made of developers’ ability under Section 106 of the Town and Country Planning Act 1990 to support apprenticeships and upskilling across local authorities as well as in specified developments, and to that end provide wage support as well as direct training costs.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Section 106 planning obligations are legally binding agreements made to mitigate the impacts of a proposed development. These obligations are an essential part of the planning system, ensuring that developments contribute positively to their surrounding area and address specific concerns that arise as a result of their implementation.
All contributions under Section 106 must adhere to the three statutory tests set out in regulation 122 of the Community Infrastructure Levy (CIL) regulations. Any contribution must be:
Ultimately, the responsibility for determining whether a planning obligation is necessary to make a development acceptable lies with the local planning authority – including any obligation around to apprenticeships and skills.
Current planning practice guidance encourages local planning authorities to facilitate the process of agreeing planning obligations by using and publishing standard forms and templates. These resources may include model agreements and clauses, some of which have already been published by other organisations. Making these documents publicly available assists both authorities and applicants during the planning application process.
Guidance additionally states that policies regarding planning obligations should be clearly set out in local plans and subject to public examination, ensuring transparency and consistency in their application.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask His Majesty's Government what guidance, if any, they provide to local authorities on the content and drafting of agreements made under Section 106 of the Town and Country Planning Act 1990.
Answered by Baroness Taylor of Stevenage - Baroness in Waiting (HM Household) (Whip)
Section 106 planning obligations are legally binding agreements made to mitigate the impacts of a proposed development. These obligations are an essential part of the planning system, ensuring that developments contribute positively to their surrounding area and address specific concerns that arise as a result of their implementation.
All contributions under Section 106 must adhere to the three statutory tests set out in regulation 122 of the Community Infrastructure Levy (CIL) regulations. Any contribution must be:
Ultimately, the responsibility for determining whether a planning obligation is necessary to make a development acceptable lies with the local planning authority – including any obligation around to apprenticeships and skills.
Current planning practice guidance encourages local planning authorities to facilitate the process of agreeing planning obligations by using and publishing standard forms and templates. These resources may include model agreements and clauses, some of which have already been published by other organisations. Making these documents publicly available assists both authorities and applicants during the planning application process.
Guidance additionally states that policies regarding planning obligations should be clearly set out in local plans and subject to public examination, ensuring transparency and consistency in their application.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government what organisations or persons have a duty to enforce the equalities obligations of local authorities towards persons with protected characteristics under the Equality Act 2010.
Answered by Lord Greenhalgh
It is the role of each local authority’s Monitoring Officer to report to the local authority where it appears to them the authority has done, or is about to do, anything which would contravene the law - including contravention of its duties under the Equality Act 2010 - or would amount to maladministration, at all times.
The Local Government and Social Care Ombudsman is charged by Parliament with the investigation of complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities, including injustice arising from failure to uphold the local authority’s obligations under the Equality Act 2010, once an authority’s formal complaints process has been exhausted. Information regarding how to raise a complaint with the Ombudsman and the types of faults the Ombudsman will investigate may be found on its website at; www.lgo.org.uk.
The Ombudsman is independent in matters relating to the investigation and reporting of complaints. Decisions are published on the Ombudsman’s website as well as thematic focus reports to highlight common or systemic concerns.
Where the Ombudsman finds no maladministration or cannot investigate, a member of the public who disagrees with the decision of their local authority may seek judicial review of the local authority’s decision through the courts. I would however advise anyone considering taking legal action to seek independent legal advice before doing so.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government what discussions they have had with the Local Government and Social Care Ombudsman about the equalities duties of local authorities.
Answered by Lord Greenhalgh
It is the role of each local authority’s Monitoring Officer to report to the local authority where it appears to them the authority has done, or is about to do, anything which would contravene the law - including contravention of its duties under the Equality Act 2010 - or would amount to maladministration, at all times.
The Local Government and Social Care Ombudsman is charged by Parliament with the investigation of complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities, including injustice arising from failure to uphold the local authority’s obligations under the Equality Act 2010, once an authority’s formal complaints process has been exhausted. Information regarding how to raise a complaint with the Ombudsman and the types of faults the Ombudsman will investigate may be found on its website at; www.lgo.org.uk.
The Ombudsman is independent in matters relating to the investigation and reporting of complaints. Decisions are published on the Ombudsman’s website as well as thematic focus reports to highlight common or systemic concerns.
Where the Ombudsman finds no maladministration or cannot investigate, a member of the public who disagrees with the decision of their local authority may seek judicial review of the local authority’s decision through the courts. I would however advise anyone considering taking legal action to seek independent legal advice before doing so.
Asked by: Baroness Wolf of Dulwich (Crossbench - Life peer)
Question to the Ministry of Housing, Communities and Local Government:
To ask Her Majesty's Government how someone in England with at least one protected characteristic who considers that their local authority is in breach of its obligations under the Equality Act 2010 can escalate a complaint once the local authority complaints process has been exhausted.
Answered by Lord Greenhalgh
It is the role of each local authority’s Monitoring Officer to report to the local authority where it appears to them the authority has done, or is about to do, anything which would contravene the law - including contravention of its duties under the Equality Act 2010 - or would amount to maladministration, at all times.
The Local Government and Social Care Ombudsman is charged by Parliament with the investigation of complaints from members of the public who have suffered personal injustice arising from maladministration by local authorities, including injustice arising from failure to uphold the local authority’s obligations under the Equality Act 2010, once an authority’s formal complaints process has been exhausted. Information regarding how to raise a complaint with the Ombudsman and the types of faults the Ombudsman will investigate may be found on its website at; www.lgo.org.uk.
The Ombudsman is independent in matters relating to the investigation and reporting of complaints. Decisions are published on the Ombudsman’s website as well as thematic focus reports to highlight common or systemic concerns.
Where the Ombudsman finds no maladministration or cannot investigate, a member of the public who disagrees with the decision of their local authority may seek judicial review of the local authority’s decision through the courts. I would however advise anyone considering taking legal action to seek independent legal advice before doing so.