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Westminster Council publishes draft supplementary planning document


Westminster Council has published a draft supplementary planning document (DSPD) for public consultation. The consultation, which ends on 25 September 2015, sets out guidance for the use of planning obligations. 

The Council is currently in the process of preparing a Community Infrastructure Levy (CIL) draft charging schedule; the DSPD will complement this document. Once adopted, the DSPD will provide interim guidance until adoption of the city plan, the revision of which is expected to take place in 2016.

The DSPD specifically details the use of section 106 agreements, CIL, highway agreements and planning conditions.

The aim of the DSPD is to provide developers with guidance and clarity as to which "proposed developments will give rise to the need for the [Council] to use planning powers to support delivery of infrastructure and other provision needed if development is to be acceptable in planning terms."

The document details how affordable housing in a development will be allocated and how payments in lieu are calculated. In accordance with national and regional policy documents, affordable housing contributions will be satisfied solely by way of planning obligations.

Obligations in relation to energy and climate change, public art and any works on the blue ribbon network will also be funded by planning obligations or planning conditions will be imposed in appropriate circumstances to achieve a specific requirement.

Local economy and employment provisions will be funded through the use of planning obligations.  However, in some circumstances as set out in the Council's regulation 123 list, the provision of affordable work space can be secured through CIL payments. Similarly, health and safety and well-being obligations will be provided through planning obligations except for some large scale flood defence improvements which will be met from CIL. Planning conditions will be used in certain circumstances when suitable.

Social and community infrastructure, open space, children's playspace, transport infrastructure and related public realm works and large scale waste facilities will mainly be funded by CIL payments and only use section 106 agreements in specific circumstances.

Planning expert Marcus Bate of Pinsent Masons, the law firm behind Out-Law.com, said "In the main the SPD provides good, clear and full guidance on the use of section 106 planning obligations in a post-CIL world, providing much-needed transparency for developers."

"However, the guidance on the proposed approach to public realm delivery is disappointing. The limitations on the use of in-kind planning obligations are overly restrictive, a result of placing too much reliance on CIL," said Bate. "The brief references to the potential for CIL recycling are under-developed and fail to provide the required clarity on the Council's proposed solution to public procurement constraints. This is a lightweight successor to Westminster's innovative public realm credits policy, which has worked so successfully."

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