Our strategic policy on developer contributions is set out in Policy CS8 and the supporting text of our Core Strategy Development Plan Document.
We have adopted a Community Infrastructure Levy (CIL) that places a levy on new developments in Rutland towards meeting the costs of infrastructure.
S106 Agreements are agreements entered into by developers under S106 of the Town and Country Planning Act (1990) to make their developments acceptable. These are now mainly related to affordable housing and exceptional cases where site specific physical infrastructure, community facilities or services are essential to make the development proposed acceptable.
More information is contained in the SPD on Planning Obligations 2016 document. The Supplementary Planning Documents (SPD) is to be updated to take account of changes in May 2016 to the National Planning Practice Guidance that mean councils cannot generally seek affordable housing contributions on sites of 10 dwellings or less and with an overall floorspace of no more than 1,000 m2.
The main exceptions to this are for rural exception sites for affordable housing, or where a council has decided to charge sites of 6-10 dwellings in Designated Rural Areas under section 157 of the Housing Act 1985. Rutland is a Designated Rural Area and the Council requires financial contributions for affordable housing from sites of 6 to 10 dwellings in all parishes except Oakham and Uppingham.
Planning obligations contained in S106 agreements run with the land to which they relate. Because Planning Obligations run with the land, any outstanding obligations will be transferred with the land if it is sold. Planning Obligations can therefore affect the value of land. This information is registered as a ‘Local Land Charge’ on the Land Charges Register and will be revealed in searches submitted on behalf of a potential purchaser of an individual unit or entire development site.
Any outstanding planning obligations are legally enforceable against the registered owner, this applies to successors in title, of the land to which the obligation relates. The Council will enforce against non-payment of a S106 contribution if a developer is found to have reached a ‘trigger point’ without paying the Council within the required timescales.
Planning obligations will not normally be enforceable against individual units within larger development sites. This is not to say that S.106 obligations will not impact upon your property for example where an open space management company does not maintain the open spaces and play areas as set out in the agreement.
Redacted S106 Agreements
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