Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, with reference to paragraph 6.6 of the Autumn Statement 2015, when his Department plans to make available the proposed extra funding for communities affected by high levels of second home ownership.
Answered by Lord Barwell
The Department for Communities and Local Government remains committed to providing the funding indicated at Budget 2016 to support community led housing in areas affected by high levels of second home ownership. We will announce the allocation process for this funding shortly.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, with reference to paragraph 6.6 of the Autumn Statement 2015, if he will publish the application process for applying for extra funding for local authorities in areas affected by high levels of second home ownership.
Answered by Lord Barwell
The Department for Communities and Local Government remains committed to providing the funding indicated at Budget 2016 to support community led housing in areas affected by high levels of second home ownership. We will announce the allocation process for this funding shortly.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, whether regulations are in place to ensure that (a) town councils, (b) parish councils and (c) local communities can exercise a community right to bid for independent qualified contractors to deliver highways infrastructure works that are funded by Section 106 contributions from developments within their parish as part of any competitive bidding process carried out by the local highways authority.
Answered by Brandon Lewis
Provisions are in place under the Community Right to Challenge to enable town and parish councils and voluntary and community organisations to challenge how council services are delivered by submitting a bid (Expression of Interest) to the relevant council.
Expressions of Interest need to be made in respect of an existing service and one that the local authority has responsibility for providing, which councils must consider and can only reject if specific circumstances set out in legislation apply. If a developer is undertaking work as part of an agreement under Section 106 of the Town and Country Planning Act 1990, then this would not fall under the scope of the Right to Challenge as it would not be a local authority service.
However, if a highways service was to be delivered by a local authority as a result of a Section 106 contribution then this would be within the scope of the Right, although it is important to note that local authorities are able to reject an Expression of Interest if a service is already the subject of a procurement process or pre-procurement negotiations. If this is the case, the town or parish council or community group would be able to participate in the procurement process.
The Community Right to Bid provides local people and parish councils with the opportunity to nominate a building or land for listing by a local council as an Asset of Community Value (ACV), which, if the owner decides to sell, a moratorium of up to six months is triggered. During the moratorium period, the asset cannot be sold except to a community bidder.
If a highways service was to be delivered by a local authority as a result of a Section 106 contribution then this should be within the scope of the Community Right to Challenge. It is important to note though that local authorities are able to reject an expression of interest if a service is already the subject of a procurement process or if the authority has entered into negotiations with a third party to deliver the service and these are at least in part conducted in writing. Where the services are currently being procured, the organisation in question would be able to participate in the procurement exercise.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, whether regulations are in place to ensure that (a) town councils, (b) parish councils and (c) local communities receive regular updates from highways authorities about (i) the sum total for Section 106 contributions for highways infrastructure works promised and delivered within their areas each year and (ii) a breakdown of expenditure on individual works within their areas.
Answered by Brandon Lewis
Section 106 agreements are negotiated and agreed between a local planning authority and a developer and/or landowner along with other interested parties in the land, such as mortgage providers. National planning policy makes clear that Section 106 requirements, modifications and discharges should be transparent and available for inspection.
Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.
Planning decisions should be based on Local Plan policy unless material considerations indicate otherwise. Representations from interested third parties may constitute material considerations. Town councils, parish councils and local communities can influence infrastructure and other considerations in Local Plans through the consultation process.
The Community Infrastructure Levy was introduced to provide a faster, fairer and more transparent approach to collecting developer contributions toward infrastructure. The Government launched a review of the Levy in 2015. This review will consider a range of issues, including the relationship between the Levy and Section 106 planning obligations.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, whether regulations are in place to ensure that (a) town councils, (b) parish councils and (c) local communities have access to itemised expenditure on any associated administrative, legal, design, preparatory or maintenance works associated with individual highways infrastructure works within their areas on which Section 106 contributions have been spent.
Answered by Brandon Lewis
Section 106 agreements are negotiated and agreed between a local planning authority and a developer and/or landowner along with other interested parties in the land, such as mortgage providers. National planning policy makes clear that Section 106 requirements, modifications and discharges should be transparent and available for inspection.
Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.
Planning decisions should be based on Local Plan policy unless material considerations indicate otherwise. Representations from interested third parties may constitute material considerations. Town councils, parish councils and local communities can influence infrastructure and other considerations in Local Plans through the consultation process.
The Community Infrastructure Levy was introduced to provide a faster, fairer and more transparent approach to collecting developer contributions toward infrastructure. The Government launched a review of the Levy in 2015. This review will consider a range of issues, including the relationship between the Levy and Section 106 planning obligations.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, what procedures are in place to ensure that (a) town councils, (b) parish councils and (c) local communities have the opportunity to influence how Section 106 contributions for highways infrastructure works are spent within their areas.
Answered by Brandon Lewis
Section 106 agreements are negotiated and agreed between a local planning authority and a developer and/or landowner along with other interested parties in the land, such as mortgage providers. National planning policy makes clear that Section 106 requirements, modifications and discharges should be transparent and available for inspection.
Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.
Planning decisions should be based on Local Plan policy unless material considerations indicate otherwise. Representations from interested third parties may constitute material considerations. Town councils, parish councils and local communities can influence infrastructure and other considerations in Local Plans through the consultation process.
The Community Infrastructure Levy was introduced to provide a faster, fairer and more transparent approach to collecting developer contributions toward infrastructure. The Government launched a review of the Levy in 2015. This review will consider a range of issues, including the relationship between the Levy and Section 106 planning obligations.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, in the event that the actual cost of a Section 106 highway infrastructure scheme exceeds the previously estimated and agreed contribution, (a) what options exist for making good that shortfall, (b) whether the local authority or the developer is liable for any additional costs and (c) whether Section 106 contributions originally allocated for other schemes may be reallocated to cover such costs.
Answered by Brandon Lewis
It is for the local planning authority to determine what is required and seek planning obligations through a Section 106 agreement in order to make a development acceptable in planning terms. There are three statutory tests that need to be applied when considering a planning obligation, that it is: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.
Developers may be asked to provide contributions for infrastructure in several ways. This may be by way of planning obligations in the form of Section 106 agreements but can also include contributions through payment of the Community Infrastructure Levy and Section 278 highway agreements.
It is for local planning authorities to decide what provisions they make in Section 106 agreements, and agree these with the interested parties, and therefore any liabilities would depend on the individual agreement. Local authorities and developers can renegotiate planning obligations by mutual agreement at any time or under Section 106A of the Town and Country Planning Act 1990. However, Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, whether Section 106 contributions for highways infrastructure works can be used to pay for (a) the costs of administrative, legal or design work or general highways maintenance works required prior to the installation of highways infrastructure works and (b) other associated overhead costs incurred by the local highways authority or its contractors.
Answered by Brandon Lewis
It is for the local planning authority to determine what is required and seek planning obligations through a Section 106 agreement in order to make a development acceptable in planning terms. There are three statutory tests that need to be applied when considering a planning obligation, that it is: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.
Developers may be asked to provide contributions for infrastructure in several ways. This may be by way of planning obligations in the form of Section 106 agreements but can also include contributions through payment of the Community Infrastructure Levy and Section 278 highway agreements.
It is for local planning authorities to decide what provisions they make in Section 106 agreements, and agree these with the interested parties, and therefore any liabilities would depend on the individual agreement. Local authorities and developers can renegotiate planning obligations by mutual agreement at any time or under Section 106A of the Town and Country Planning Act 1990. However, Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, what recent assessment he has made of the effectiveness of the planning protection for Areas of Outstanding Natural Beauty; and if he will make a statement.
Answered by Lord Wharton of Yarm
The National Planning Policy Framework provides strong protection for Areas of Outstanding Natural Beauty. It is for decision makers to apply that policy and related legislation. The local planning authorities have responsibility for determining planning applications and developing local plan policies in the first instance.
The strong protection for these valued areas is supported by planning guidance. We keep this guidance under review to ensure it reflects up-to-date planning policy.
Asked by: Sarah Wollaston (Liberal Democrat - Totnes)
Question to the Department for Levelling Up, Housing & Communities:
To ask the Secretary of State for Communities and Local Government, what plans he has to provide additional practice guidance on applying planning policy and legislation in Areas of Outstanding Natural Beauty.
Answered by Lord Wharton of Yarm
The National Planning Policy Framework provides strong protection for Areas of Outstanding Natural Beauty. It is for decision makers to apply that policy and related legislation. The local planning authorities have responsibility for determining planning applications and developing local plan policies in the first instance.
The strong protection for these valued areas is supported by planning guidance. We keep this guidance under review to ensure it reflects up-to-date planning policy.