Issue details

Third Party Planning Contributions towards the South Devon Link Road

 

 

The Council has a legal obligation to ensure that third party contributions are collected to help meet its funding commitments for the South Devon Link Road.

Post 2014 and adoption of the new Torbay Local Plan, Community Infrastructure Levy (CIL) will be used to pay for key infrastructure. Until this time, an interim arrangement is required to use S106 Planning Contributions to contribute towards the South Devon Link Road.

Where new strategic development impacts on, or contributes to the need for, the South Devon Link Road, a Section 106 Contribution would be sought towards funding it.  In order to meet the Council’s financial commitments, contributions to the South Devon Link Road will need to be given a high priority when negotiating Section 106 Contributions.

In the current economic climate, it is not realistic to increase the overall amount of contribution sought from development. Therefore seeking a contribution for the South Devon Link Road will reduce the priority given to other contributions such as affordable housing or sustainable development contributions.

Consequently there is a need to realign Section 106 Contributions to reflect current infrastructure spending priorities and the sum the Council has underwritten for the South Devon Link Road.

Reason Key: Policy Framework;

Type: Information Only

Wards affected: (All Wards);

Considered on: 6 Dec 2012 by Council

Lead member: Councillor David Thomas, Leader of the Council and Leader of the Conservative Group david.thomas@torbay.gov.uk

Lead director: Charles Uzzell

Contact: Les Crump, Executive Head of Spatial Planning Email: les.crump@torbay.gov.uk.

Consultation process

Circulation of papers and meetings.

Consultees

All Councillors and Planning Agents Group

Reason for inclusion in Forward Plan: Agreement to an interim arrangement to use Section 106 Planning Contributions to contribute towards the South Devon Link Road will ensure that a mechanism is in place to enable the Council to contribute to its South Devon Link Road funding commitments. These arrangements will mean that it will be possible to seek contributions towards the South Devon Link Road from all key strategic developments with bay-wide significance that have an impact on the need for the new road. Such a mechanism would allow the implementation of key strategic Local Plan allocations to contribute to the delivery of a major element of essential infrastructure. Prioritisation of levels of contribution would be decided on a case by case basis having regard to the tests of lawfulness, viability and related corporate priorities.

Key Risks: The South Devon Link Road is a clear commitment, and Torbay Council has underwritten third party contributions towards it. Not raising contributions from development will mean that a higher proportion is ultimately borne by Council Tax. Section 106 Agreements must not undermine development viability and require choices to be made about Section 106 priorities. Increasing the priority given to the South Devon Link Road is likely to reduce the level of contributions available for other important matters, especially sustainable transport and affordable housing. However, focusing on the South Devon Link Road should not be at the expense of other key infrastructure items. Section 106 Agreements must meet the tests of lawfulness and must therefore be sought on a case by case basis.

If you want to make representations contact:: David Pickhaver, telephone (01803) 208814; email david.pickhaver@torbay.gov.uk, postal address, Torbay Council, Spatial Planning, Roebuck House (Floor 2), Abbey Road, Torquay, TQ2 5TF

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