BASE HEADER

Yes

ID sylw: 108614

Derbyniwyd: 07/03/2025

Ymatebydd: Kiely Bros Holdings Ltd

Asiant : Pegasus Group

Policy Direction 5 – Infrastructure Requirements and Delivery
4.36.
The provision of appropriate infrastructure is supported in principle; NPPF §20 is clear that strategic policies should make sufficient provision for infrastructure, and this is also key for the delivery of sustainable development. The Councils can seek developer contributions where it is not possible to address unacceptable impacts through conditions, in line with NPPF §56. In Stratford and Warwick, developer contributions can be secured via the Community Infrastructure Levy and Section 106 Agreements. The SWLP Part 1 should clearly define and distinguish between the two; developers should not be required to contribute towards the same items through each. In addition, the SWLP Part 1 should make it explicitly clear, including in relation to education contributions, that only proportionate infrastructure can be sought in line with the needs generated by a development – contributions must not extend beyond this to remedy any existing deficiencies which may exist in South Warwickshire. Indeed, The Council are reminded that planning obligations must meet the three tests established by CIL Regulation 122, and as referenced at NPPF §58, which require contributions to be:
a)
necessary to make the development acceptable in planning terms;
b)
directly related to the development; and
c)
fairly and reasonably related in scale and kind to the development.
4.37.
The emerging Policy Direction makes no reference to viability considerations. It suggests that “all development must provide appropriate on- and off-site infrastructure” (emphasis added), despite the fact that this may render a scheme unviable. The SA has not recognised the adverse impacts this omission could have on SA Objectives 9 (Housing) and 11 (Economy). NPPF §25 notes that whilst plans should set out the contributions and infrastructure expected from development, such policies should not undermine the deliverability of the plan. The Councils must undertake a viability assessment as part of the plan-making process, in line with the Planning Practice Guidance (PPG), to ensure that contributions for infrastructure would not undermine the viability of development on allocated sites. The policy should acknowledge that applicants may demonstrate whether particular circumstances justify the need for a viability assessment at the application stage
(NPPF§59). Such references to viability would ensure the policy is fully consistent with national policies, and an effective and deliverable plan which allows viable schemes to be brought forward on a variety of sites across South Warwickshire.