15 Infrastructure and developer contributions

15 Infrastructure and developer contributions

National policy

15.1 National planning policy seeks to ensure infrastructure needs are planned for effectively. Local plans should set out the contributions expected from development including the levels and types of affordable housing and other infrastructure such as education, health, transport, flood and water management, green and digital infrastructure.

15.2 Local authorities are encouraged to work closely with infrastructure providers, developers, and stakeholders to align investment and ensure timely delivery. The framework emphasises the need for viability assessments to ensure infrastructure is realistically funded, often using developer contributions through Section 106 agreements or the Community Infrastructure Levy (CIL). 

Evidence base

• Viability Study (to be prepared)
• Infrastructure Delivery Plan (to be prepared)
• Local Transport Plan 4: Evidence Base (in preparation)
• Local Transport Plan 4: Vision and Objectives (in preparation)
• Places Background paper
• Community Infrastructure Levy Charging Schedule
• Developer Contributions Guidance Note

Key issues

• Ensuring development is supported by essential infrastructure. 
• Ensuring policy requirements are clearly set out and justified in the new Local Plan.
• Ensuring infrastructure encourages sustainable transport.  
• Ensuring infrastructure requirements are financially viable.
• Supporting local employment opportunities.
• Ensuring that development meets the full cost of infrastructure provision.
• Whether contributions can be justified for cultural infrastructure including public art.
• Where viability is an issue how infrastructure requirements/developer contributions are prioritised.

Current adopted policy

Suggested policy approach

15.3 The suggested approach is to retain Local Plan (Part One) policy STRAT 11 with amendments to ensure that new development provides necessary infrastructure to support development.  Amendments to the policy will make it clear that provision for education for all years, including pre-school and Special Educational Needs (SEND) will be required. Further that new housing development may need to make provision for school transport costs, in line with published statutory government guidance.

15.4 The intention is to update Local Plan (Part One) policy STRAT 11, to incorporate the following sections of Local Plan (Part Two) policies DM 18 and DM 39 which support proposals that provide the enhancement of communications networks, including high speed broadband and provide/improve community, health or cultural facilities.  Local Plan (Part Two) policy DM 39 also seeks for significant development to contribute to public art especially within town centres, on key sites or as part of regeneration schemes and this will be carried forward; but we will seek views on whether off-site contributions would be appropriate. Following the inclusion into an update Local Plan (Part One) policy STRAT 11 these policies would be deleted from Local Plan (Part Two).  

15.5 The policy approach could also embed net zero goals by upgrading and improving our existing transport network to encourage sustainable transport links like cycleways and bus routes to reduce car dependency and support the 2050 net zero target. The approach could require low carbon essential infrastructure, such as electric vehicle (EV) charging networks and renewable energy connections.

15.6 A new Infrastructure Delivery Plan (IDP) will identify the strategic infrastructure required to deliver the new Local Plan. The IDP will provide an opportunity to identify our strategic infrastructure priorities for the borough, including infrastructure needs by settlement. The Places Background Paper identified infrastructure requirements that will need to be assessed, and this consultation provides an opportunity for infrastructure providers and residents to comment on infrastructure implications of the SS 5 ‘Spatial strategy options’ and section 5.1 potential growth areas.

15.7 Policy requirements for development will be clearly set out and will be expected to be met. Viability arguments are unlikely to be justified especially on greenfield sites. Council resources should not be relied upon to fund any financial gap in the costs of infrastructure required to mitigate any development and it is expected that developers will fund and/or deliver all the required infrastructure.  This will include on strategic sites, and the delivery of infrastructure on site by the developer. The payment of off-site contributions will not be accepted as a solution if additional costs will fall on the Council or the funding and/or provision off site would not deliver the necessary infrastructure. 

15.8 There may be instances where viability is a genuine issue, and the Council will seek views on how infrastructure requirements could be prioritised. For example, would affordable housing contributions take precedence over provision of open space or other community facilities such as school and health provision?