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| Chapter 13 |
| Implementation |
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Introduction |
| 13.1 |
The Local Plan will be implemented by
a range of organisations, groups and individuals. It provides the
context for investment decisions and the development and delivery
of services by the public, private and voluntary sectors. Most development
which takes place within the framework set by the Plan will be carried
out by private developers. However, the City Council also has a key
role in its implementation. |
| 13.2 |
Through its planning control powers, the
Council co-ordinates the land use and development activities of other
agencies. Although this is essentially a regulatory function, making
decisions on schemes put forward by other parties, it provides a strong
basis on which to seek modifications to proposals and to advise on
detailed matters in order to secure improvements to proposed schemes. |
| 13.3 |
The Council also operates in a proactive
and enabling role by allocating development sites in the Local Plan;
by working in partnership with other interests; through its actions
as a landowner; and also by using land assembly powers where considered
appropriate. As a major landowner, the Council is in a position to
promote and encourage specific development on its land and on adjacent
land by entering into partnership agreements with companies in the
private sector. |
| 13.4 |
The continued development of Peterborough's
economy is one of the primary objectives of the Local Plan. The City
Council will work in partnership with relevant organisations to achieve
this objective. It is important for the successful implementation
of the Plan that the actions of these organisations are consistent
with, and directly related to, the Plan's aims and strategy. |
| 13.5 |
The development of particular enterprises
and the attraction of inward investment is the responsibility of the
Greater Peterborough Investment Agency, one of the Council's fellow
members in the Greater Peterborough Partnership, and other organisations
with an interest in economic development. As a result, they have a
crucial role in the implementation of this Plan. |
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Implementation |
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Securing Satisfactory
Development |
| IMP1 |
Planning permission will
not be granted for any development unless provision is secured for
all additional infrastructure, services, community facilities and
environmental protection measures, which are necessary as a direct
consequence of development and fairly and reasonably related to the
proposal in scale and in kind. |
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The provision of such requirements
shall be secured as part of development proposals or through the use
of conditions attached to planning permissions, or sought through
planning obligations. |
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Where provision on an application
site is not appropriate or feasible, provision elsewhere, or a contribution
towards this provision, will be sought where necessary. |
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Where a planning application
is for part of a larger area planned for development, a pro rata provision
of any necessary facilities, services or infrastructure, or a contribution
towards them, will be sought. |
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| 13.6 |
The development of land can create a need
for the provision of services, infrastructure and facilities, both
on-site and off-site. This provision may include: |
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- community and social facilities;
- transport improvements;
- facilities for leisure and recreation;
- utility services;
- education and health facilities;
- facilities for emergency services; and
- measures to protect and enhance amenity or the environment,
including biodiversity and wildlife habitats.
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Requirements for individual developments
will depend on the nature of proposals and specific site circumstances. |
| 13.7 |
As it is undesirable for development to
create an undue additional burden on the community or public purse,
developers should accept the financial consequences of their schemes.
Where possible, negotiations with developers as part of the process
of determining planning applications, or conditions attached to grants
of planning permission, will be used to create acceptable development
in line with the strategy and objectives of the Plan, including the
provision of all relevant services, infrastructure and facilities. |
| 13.8 |
If the necessary requirements generated
by a development cannot be achieved through such negotiations or conditions,
they will normally be secured as planning obligations under section
106 of the Town and Country Planning Act 1990 (as amended by section
12(1) of the Planning and Compensation Act 1991) in association with
a grant of planning permission. |
| 13.9 |
Section 106 provides that anyone with
an interest in land may enter into such a planning obligation (also
known as a planning or section 106 agreement) with a local authority
(or unilaterally) regarding the use or development of the land concerned. |
| 13.10 |
Such agreements are a very effective means
of ensuring that public services keep pace with private sector development
and will play an important role in implementing this Plan. They can
ensure relevant infrastructure and facilities are provided, enhance
the quality of a development and enable schemes to go ahead which
would otherwise be refused planning permission. Items provided as
part of a section 106 agreement must be necessary, relevant to planning
and directly related to the proposed development in nature, scale
and kind. |
| 13.11 |
In addition to securing necessary infrastructure,
services and facilities, planning obligations may involve measures
to ensure development takes place in an agreed way, for example, by
setting out the appropriate phasing of development, and measures to
meet other policies and objectives, such as the protection of the
environment. |
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Off-Site Provision and
Commuted Payments |
| 13.12 |
It is not always possible or desirable
to provide necessary facilities on site. In such cases, off-site provision
may be sought, where applicable. Also, requirements may be met by
the payment of commuted sums into a fund for provision by another
party. |
| 13.13 |
While the need for the provision of infrastructure
and services as a result of a development is clear on large schemes,
the development of small sites also contributes to the need for such
provision, particularly through their cumulative impact. So that smaller
developments contribute a fair proportion of such costs, pro rata
payments may be sought. |
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Further Guidance |
| 13.14 |
As circumstances change over
the lifetime of a plan and different forms of development and different
locations create specific requirements, it is not appropriate for
this Local Plan to list what is likely to be sought from planning
obligations on individual sites or priorities for infrastructure and
service provision. |
| 13.15 |
However, to increase certainty,
transparency and consistency in relation to planning obligations,
the City Council will produce separate guidance which will outline
priorities for the provision of infrastructure and facilities as part
of such agreements. The guidance will also specify the size of development
at which provision may be sought and explain how commuted payments
will be calculated. This will be reviewed periodically to take account
of changing circumstances. |
| 13.16 |
This guidance will act as
a basis for the negotiation of planning obligations, but the specific
locational circumstances of each site and the viability of development
will also be taken into account in preparing such agreements. |
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Land Assembly |
| 13.17 |
The majority of development
in the Plan period will be undertaken by private developers working
within the framework set by Local Plan policies and the City Council's
development control decisions. However, the Council can also play
an important positive role in implementation by facilitating development
though use of its land assembly powers. This can be achieved either
by purchasing properties at market rates or by using compulsory purchase
powers. |
| 13.18 |
Land assembly can be a complex
and time-consuming process. As a result, the City Council will use
its powers sparingly, concentrating on priority sites. Council involvement
in land assembly is likely to be particularly important at locations
where land ownership issues act as a constraint on development and
on large sites, such as the Opportunity Areas designated in Chapter
6 - City Centre. |
| 13.19 |
On sites where land assembly
is required, the City Council will work in partnership with developers
and other relevant parties to achieve a mutually beneficial outcome. |
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Enforcement |
| 13.20 |
In order to maintain public
confidence in the effectiveness of the planning control system and
achieve development which accords with the provisions of the Local
Plan, it is important that unsatisfactory unauthorised development
is remedied. |
| 13.21 |
The City Council will consider
taking enforcement action in instances where development occurs which
is: |
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- without the necessary grant of planning permission or other
consent;
- contrary to relevant policies contained within the Local Plan
or other guidance; and
- considered harmful to the amenities of an area.
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| 13.22 |
Enforcement action should
be taken to remedy unsatisfactory unauthorised development or mitigate
against its effects only when it is in the public interest and expedient
to do so. In considering such action, the Council will assess whether
the breach of control unacceptably affects public amenity or land
and buildings which merit protection in the public interest. |
| 13.23 |
Enforcement procedure is based
in law and must be carried out in accordance with statute. As a result,
enforcement action can be a lengthy process. However, when taking
action to remedy a breach in planning control, the correct procedure
must be followed even if this means that such breaches cannot be resolved
immediately. |
| 13.24 |
The principles of good enforcement
can be realised throughout the adoption of an appropriate policy and
procedures. Peterborough City Council is committed to the production
of documented enforcement policies and procedures fully in accordance
with the principles, aims and objectives of the Enforcement Concordat
(an agreement formed by the Government in consultation with the Local
Government Association, the Conference of Scottish Local Authorities,
and the Scottish and Welsh Office). |
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