S106 Planning Obligations require developers to make contributions to address the negative impacts caused by a development. Contributions can be a payment or the direct provision of infrastructures and facilities that can promote a more sustainable form of development.
Contributions can only be used to mitigate the negative impacts of a development and cannot be used to meet needs for infrastrcture and facilities other than those generated by the development itself. However if there are fudamental objections to a development, no amount of S106 contributions will make it acceptable.
Not all developments will require a S106 contribution. This depends on the size and type of development. Developments of 10 or more residential units and of more than 1000 sqmt will are the minimum thresholds at which contributions are required.
The amount of contributions that a development can generate will be calculated using standard formulas which translate the size of a development and the impacts and needs it will generate into one or more of the following:
Planning obligations may also be sought to address a number of other projects or issues relating to social infrastructures and sustainable development such as biodiversity, conservation, public realm, pedestrian and cycling access and facilities, reduction of traffic generated by the construction site, reclycling and waste management.
Contributions are delivered through a legal agreement between the Council and the developer.
Southwark Council have prepared a Supplementary Planning Document to expand on planning obligations policies in the UDP as well as on London and national policies.
Consultation took place between 9 January and 21 February 2007 and all the responses received are now being considered by Southwark Council in the final draft of the document.
Although the spending of S106 contributions is not part of the statutory consultation that accompanies planning applications, Southwark Council is piloting a scheme called Project Banks that will allow local people to have a say on which projects they would like to see S106 contributions being spent on.
In the draft S106 SPD, Project Banks works in a similar fashion to the Cleaner Greener Safer tendering mechanism with local people and organisation being able to submit periodically ideas on local projects that could be funded through S106 contributions.
The workings of Project Banks were part of the consultation on the draft S106 SPD and they will be finalised in the adopted SPD.
Area Action Plans are planning documents which provide detailed policy guidance for the development and/or regeneration of areas in the borough which are undergoing significant change.
Because of the scale of change and the specific needs of this areas, Southwark Council will often chose to prepare an additional S106 document for each Area Action Plan to ensure that the needs of local resident are met.
This is already happening for the Peckham Area Action Plan for which a S106 options paper is being drafted. This should be made available for consultation in Spring 2007.
More information on the S106 paper for the Peckham AAP is available as an appendix to the meeting of the Planning Committee of 10 April 2007.