Local Plan Main Modifications Consultation
Policy 60: Developer Contributions, Infrastructure Funding and Viability
| Local Plan page number | Policy or paragraph Local Plan | Proposed Change | Justification |
|---|---|---|---|
| 165 | Policy 60 | Policy 60 [removed] 59 [added]: Developer Contributions, Infrastructure Funding and Viability | Effective |
| 165 | Policy 60: Criterion 3 | Proportionate developer [added] Developer [removed] contributions may be secured retrospectively where it has been necessary to forward fund development [removed] infrastructure [added]. |
Effective Consistent with national policy |
| 165 | Policy 60: paragraph 16.11 | It is sometimes necessary to forward fund infrastructure projects in advance of anticipated housing growth [removed] to mitigate the impact of development proposals. Where this is the case, proportionate developer contributions will be secured by way of a planning obligation in advance of any infrastructure works commencing and to ensure that such forward funding is reimbursed [added]. |
Effective Consistent with national policy |
What to consider when making a representation
What are the tests of soundness and legal compliance?
The purpose of the examination is to consider whether the local plan complies with relevant legal requirements for producing local plans, including the duty to cooperate, and meets the national tests of ‘soundness’ for local plans set out in the National Planning Policy Framework (NPPF).
Therefore, representations submitted at this stage must only be made on these grounds and, where relevant, be supported with evidence to demonstrate why these tests have not been met.
Legal compliance
To be legally compliant the plan has to be prepared in accordance with the duty to cooperate and legal and procedural requirements, including the 2011 Localism Act and Town and County Planning (Local Planning) (England) Regulations 2012 (as amended).
Soundness
The inspector conducting the examination in public has to be satisfied that the local plan is ‘sound’; namely that it is:
• Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
• Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence.
• Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities, and
• Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the NPPF.