12.0.1 The implementation of the Unitary Development Plan will, in the main, be a matter for the private sector. The function of the Plan is to designate land and provide the framework whereby the various policies and proposals - for example, the need to meet the new housing target or the creation of employment opportunities - can be achieved. That being the case, and in line with Government policy, it is important that the Plan contains indicators and targets so as to enable performance to be regularly monitored. This, in turn, should signal any inadequacies in the policies and proposals and give rise to the consideration of the need for their review.
12.0.2 The Plan cannot be all-embracing and include very detailed policies against which planning applications are judged. This is achieved by the publication of `Supplementary Planning Guidance', a range of documents which expands on UDP policy and completes the policy framework for the successful operation of the development control system. It is important, however, that supplementary planning guidance is `anchored' in the UDP and is seen as a development of it.
12.0.3 To assist in the implementation
process, there are occasions in the consideration of
planning applications when there is a need to seek agreements with developers for matters that
cannot be achieved through conditions attached to
a planning permission. These might include the undertaking of infrastructure works (for
example, roads and sewers) outside a development site
or contributions towards the social or community facilities needed as a consequence of
the development. The mechanism for achieving
these developer obligations is through Section 106 of
the Town and Country Planning Act,
1990
. Again, it
is important that the UDP lays out the
circumstances where such agreements will be sought.
with
the aim of securing obligations in respect of (i) the dedication of land to the Council, (ii) the provision
of infrastructure, (iii) the making of financial contributions, (iv) the provision of affordable housing and
(v) the regulation in the use of land.12.1.1 The Government policy on the use of planning obligations is set out in Circular 1/97. Its broad principle is one of encouraging local planning authorities to enter planning obligations with a developer so as, first, to secure modifications or improvements to a proposal, second, to pursue the enhancement in the quality of development, and third, to enable proposals to go ahead which might otherwise be refused. However, the policy requires an obligation to be sought only where it meets the following tests:
12.1.2 Amongst the examples offered by the Government where contributions by developers might be justified are new public transport facilities, improved measures for cyclists and pedestrians, the provision of affordable housing and the provision of community facilities (such as open space and social, recreational, educational and sporting facilities).
12.1.3 In practice, the Council's pursuance of obligations will, in the main, be in respect of:
12.2.1 Historically, the reliance placed by local planning authorities on supplementary planning guidance has met with variable success, particularly where such guidance has not been subject to public scrutiny. Indeed, the attitude of Government to the whole principle has at times been lukewarm.
12.2.2 Today, however, Government policy,
as stated in
PPG12 (Development Plans), acknowledges the valuable role that
supplementary planning guidance can play in supplementing
the policies and proposals of the Plan. For it to
be successful and be taken into account as a
material consideration in the determination of planning applications, though, it must (a) be consistent
with national and regional planning guidance, (b)
be clearly cross-referenced to the relevant
development plan policy or proposal it supplements, (c) have
been subject to consultation with the public,
businesses and other interested parties, (d) have been
formally adopted by the Council, and (e) be reviewed on
a regular basis.
12.2.3 Supplementary Planning Guidance will most likely include development briefs, conservation area statements, design guides, nature conservation and countryside strategies and car parking standards.
12.3.1 The Council is required by law to keep under review all matters that are expected to affect the development of its area - in particular (a) the principal physical and economic characteristics of the area, (b) the size, composition and distribution of population of the area, and (c) the communications, transport system and traffic of the area. Typically, this will continue to include the rate of house-building activity, the change in floorspace of retail and business premises, the impact of development in the Green Belt, the increase in public open space and trends in road traffic.
12.3.2 It is also required to monitor the effectiveness of the policies and proposals of the Plan. In this respect, under the Best Value regime, it is required to monitor performance against a comprehensive set of indicators and targets in the main policy areas. In this respect, the Council will regularly monitor and publish reports based on the Indicators and Targets set out in Appendix 1.
12.3.3 The Council will publish the results of plan monitoring on a regular basis.