SPD will provide clarity on planning obligations and contributions made by developers

People are being invited to have their say on a new Planning Obligations Supplementary Planning Document (SPD) produced by East Devon District Council, which explains how the Council will require developers to address the impacts of their development on infrastructure such as roads, affordable housing, schools and play areas in the future. The SPD has been written to clarify what contributions will be required for, when they will be required and an indication of how much they are likely to be.

The document explains how Section 106 agreements will be used to secure the delivery of infrastructure that the developer will provide as part of their development. This could include the provision of affordable housing and open spaces within a housing estate where the developer will be required to build these themselves. In addition the developer will also have to pay money through the Community Infrastructure Levy (CIL) towards the delivery of off-site infrastructure such as providing extra school places in the nearby schools, flood defences, etc. The CIL contribution will be added to a pot of money held by the council who will then work with other public agencies such as Devon County Council and the Environment Agency to deliver the various projects.

Residents have until 16 January 2017 to comment on the proposed Planning Obligations SPD and the feedback that is received on this draft document will be used to inform any subsequent revisions.

It is important that developers meet with the council’s Development Management Officers at an early stage in their pre-application discussions to talk about the planning obligations that may be required by the council for their development. Although CIL must be paid, Section 106 obligations are negotiable where the applicant can demonstrate that the development is not viable.

Councillor Andrew Moulding, East Devon District Council’s Deputy Leader and the portfolio holder for Strategic Development and Partnerships, said:

The Planning Obligations Supplementary Planning Document (SPD) sets out how planning obligations/financial contributions will be calculated for any applications for development in East Devon. The document applies to a large range of people from major housebuilders to individual house owners who may want to develop part of their garden.  The SPD clearly explains the distinction between Section 106 agreements which will now only be used to secure infrastructure being provided as part of the development itself and CIL which is a financial contribution to the Council for the delivery of wider infrastructure projects across the district.

Its purpose is to help decision makers, stakeholders and local communities understand what is expected of them before they make a planning application. It also details the information that they will be expected to provide in order to progress their application. We hope that this draft document will act as a practical guide to anyone intending to carry out development.

The SPD will ensure that the impact of development is lessened through appropriate obligations, and will support the East Devon Local Plan, which sets out the vision, strategy, objectives and development management policies for the district up to 2031. It will particularly support the Local Plan’s Strategy 50 – the delivery of infrastructure.

The SPD and its supporting documents (listed below) are available for comment between 28 November 2016 and 16 January 2017.

  • Strategic Environmental Assessment and Habitat Regulations Screening Report
  • Equalities Impact Assessment
  • Consultation Statement

These documents are available online on the planning policy pages of the website and at the council offices in Sidmouth. Copies of the draft plan will be sent to the following libraries.

  • Axminster
  • Budleigh Salterton
  • Clyst Vale
  • Colyton
  • Exmouth
  • Honiton
  • Lyme Regis
  • Ottery St Mary
  • Seaton
  • Sidmouth

People can comment on the draft SPD either by email at  localplan@eastdevon.gov.uk or by post to: Planning Policy, East Devon District Council, The Knowle, Station Road, Sidmouth, EX10 8HL

All comments will be taken into account before the next stage and will be available to view on the East Devon website. Respondents' names and addresses are not confidential.