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Developer Contributions Supplementary Planning Document (SPD)

We adopted the Developer Contributions Supplementary Planning Document on 26th July 2017.  The SPD provides important guidance on how the Council will calculate necessary contributions from developers to support development across the borough.

As an adopted SPD it is a material consideration in determining planning applications and will ensure a consistent and transparent approach to delivering the appropriate level of infrastructure to deliver sustainable development.

It considers the level of contributions for things like:

  • Affordable housing
  • The provision of open spaces
  • Resources to improve education facilities
  • Flood risk and surface water management solutions
  • Resources for highways and transport

How does a developer commit to a Planning Obligation?

A Section 106 agreement allows us to enter into a legally-binding planning obligation with a developer in association with the granting of planning permission. 

How can Section 106 Agreements be used?

The scope of such agreements must meet the following three tests as set out in the Community Infrastructure Regulations 2010. They must be:

  • Necessary to make the development acceptable in planning terms
  • Directly related to the proposed development
  • Fairly and reasonably related in scale and kind to the proposed development

What can be included in a Section 106 Agreement?

Agreements under Section 106 are normally required to mitigate impacts arising from large scale developments, and provide the means of ensuring the provision of necessary services and infrastructure to support new developments. The list above are examples of what can be included in a Section 106 Agreement (though this list is not exhaustive).

Allerdale Borough Council has a standard template for Section 106 Agreements for the provision of affordable housing. The templates has been made available so that applicants can see the kind of document that they will be required to sign. However, these are complex legal documents and you are strongly advised to seek legal advice before entering into an agreement of this kind.

Download the Standard Section 106 template

 

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