Agenda item

The purpose of the report is to

(1)          report the changes on Guidance on Viability in decision making as agreed at the PRED meeting of the 28 February 2018 in response to the Motion to Full Council 12b Economic Viability Assessments for developers 17^th October 2017.

(2)          Consider the content contained in the Guidance on Viability published in July 2018 as Planning Practice Guidance (PPG) and implications for the way Viability in decision making on applications and in plan making is managed going forward

(3)          Consider the Guidance on Viability relating to the collection, monitoring and reporting of contributions through Section 106 and Community Infrastructure Levy (CIL) and suggest how the local planning authority needs to respond to this Guidance.       

RECOMMENDED that

(1)  The Viability Guidance in Planning Practice Guidance relating to Local Plan making should be fully embodied in the Local Plan Review work.

(2)  The Assistant Director of City Development prepares a protocol for developers following the publication of the Standard Templates referenced in the PPG. The protocol will confirm that all viability assessments submitted relating to planning applications accord with the Planning Practice Guidance Viability including the guidance on viability assessments being publicly available.

(3)  The Assistant Director of City Development is authorised to procure a framework of viability consultants to provide support, should it be required to the planning team, to ensure better and more consistent outcomes for the City.

(4)  The Assistant Director of City Development is authorised, in line with the new National Planning Policy Framework (NPPF) guidance

·         To include all planning obligations together with details of any modification or discharge of the planning obligation on its Planning Register.

·         To review and amend process to ensure that all new Section 106 Agreement include an Executive Summary in accordance with the proposed template that will be published and that all live and future Section 106 are monitored in accordance with the template.

·         In the interest of accountability and transparency, to produce and publish a report to be published on the Council website by 31 December each year setting out what all CIL contributions have been spent on. CIL spend will also continue to report in the authority monitoring report.

·         To prepare an Infrastructure Funding Statement using the standard template that is to be published. This Statement will set out infrastructure requirements for both CIL and Section 106 planning obligations, anticipated funding from developer contributions and confirm choices the local planning authority has made with the S151 Officer about how these contributions will be used. In the interest of accountability that this statement is report to PRED before being published on line.

·         To work with applicants to better promote and publicise the infrastructure that has been delivered through developer contributions through initiatives such as the use of on-site signage, local authority websites or development specific sites.

·         To review the current mechanism for promoting, allocating and spending Neighbourhood CIL to ensure that there is a robust process in place to ensure that contributions are being spent and sufficient guidance and support is being given to Ward Councillors and communities to identify a range of infrastructure projects suitable for CIL funding to support the development of an area.

(5)  The Assistant Director of City Development working with the Cabinet Member for PRED will ensure that the planning committee and interested Councillors are supported with training to ensure a better understanding of the new viability proforma and CIL regulations.