Medway Developer Contributions and Obligations Guide
ADASS Association of Directors Adult Social Care
AHP Affordable Housing Plan
AQS Air Quality Strategy
BCIS Building Cost Information Service
DOV Deed of Variation
DCG Developers Contribution Guide
DfT Department for Transport
EA Environment Agency
EPR Extended Producer Responsibility
FRA Flood Risk Assessment
HE Homes England
HWRC Household Waste Recycling Centres
ICB Integrated Care Board
IDP Infrastructure Delivery Plan
LLP Local Lettings Plan
MEASS Medway Estuary and Swale Strategy
MMC Modern Methods of Construction
NCMP National Child Measurement Programme
NEET Not in Employment, Education or Training
NPPF National Planning Policy Framework
NPPG National Planning Policy Guidance
OT Occupational Therapists
PPA Planning Performance Agreement
PSED Public Sector Equality Duties
PRoW Public Rights of Way
RPI Retail Price Index
S106 Section 106
SPA Special Protection Area
SAMMS Strategic Access Management and Monitoring Strategy
SFRA Strategic Flood Risk Assessment
SuDs Sustainable Drainage Systems
UU Unilateral Undertakings
Executive Summary
The development of new housing increases the number of people living in an area, and with that the demand on local services, such as schools, health services, parks, and transport. The planning system recognises the need to address the impacts arising from development, and can use legal obligations, agreements and unilateral undertakings to secure acceptable development. Developer contributions are an important component of this process. Planning obligations assist in mitigating the impact of unacceptable development to make it acceptable in planning terms. Comment
The purpose of this guide is to inform and assist developers, the council’s own staff and all stakeholders (which includes members of the public) to: Comment
- Ensure the impacts of developments are properly mitigated
- Provide clear information on the council’s policy for developer contributions
- Ensure consistency, transparency and accountability
- Provide a streamlined, efficient service
- Achieve greater speed in determining planning applications.
Developer contributions collected through Section 106 (S106) must meet the following tests: Comment
- they must be necessary to make the proposed development acceptable in planning terms
- they are directly related to the proposed development
- they are fairly and reasonably related in scale and kind to the proposed development.
For the purposes of preparing planning applications and their determination, this Guidance should be read alongside Development Plan Policies (Local Plans and Neighbourhood Plans) and relevant Supplementary Planning Documents. The Guide will also be used as the basis for Medway’s response to proposed strategic growth strategies, providing evidence for the infrastructure delivery planning and viability assessments that underpin the Local Plan. Comment
The Guide and/or Technical Appendices will be reviewed when significant changes are made to service strategies and in evidence to support Medway’s infrastructure requirements. Significant changes will be subject to further consultation. Comment
There is regular reporting on S106 matters comprising regular reports to Planning Committee detailing S106s agreed and contributions collected and the annual Infrastructure Funding Statement (IFS) published in December each year. The IFS also includes details about projects funded by S106 and future funding and project priorities. Comment
