Developer contributions (or planning obligations) are based upon an established principle that developers should mitigate negative impacts created by the development proposal, and/or deliver additional infrastructure to offset the extra pressure created by the development.
Developer contributions, where required, will be sought in accordance with Policy DM1 ‘Infrastructure and Developer Contributions’ in the emerging new Local Plan.
Essential strategic infrastructure, which developer contributions may cover include:
- Transport – within the City of York Unitary Authority area, on Strategic Road Network (ie. A64 where appropriate), and on local highways extending into neighbouring authority areas (where appropriate);
- Utilities;
- Health facilities;
- Emergency services;
- Affordable housing;
- Renewable energy;
- Flood mitigation;
- Waste facilities;
- Education;
- Green infrastructure, including open space and built sports facilities;
- Community facilities;
- Public realm.
The requisite policy requirements are set out in the emerging new Local Plan.
National Planning Policy Advice provides in-depth guidance to the procedure for planning obligations.
We have previously prepared the following guidance for developers, which may be updated in due course:
- Affordable Housing Planning Requirements
- Open space commuted sum payment for new developments
- Developer contributions to educational facilities
- Biodiversity Net Gain
Legal Agreements for Planning Obligations
Developers may be required to enter into legally binding agreements as part of the planning process in order to mitigate the impacts of new development and to make development acceptable, which would otherwise be unacceptable in planning terms.
Section 106 of the Town and Country Planning Act 1990 provides that a person with an interest in the land on which a development is proposed may enter into a legally binding agreement, commonly known as a section 106 agreement or a planning obligation. Planning obligations may constitute a bilateral legal agreement between the owner (and all persons with an interest in the land affected by the planning obligation) and the Council or, in certain circumstances be provided as a unilateral undertaking.
Planning obligations may only constitute a reason for granting planning permission if they meet the following tests (1) that they are necessary to make the development acceptable in planning terms (2) directly related to the development and (3) fairly and reasonably related in scale and kind to the development.
We have prepared additional guidance to set out the circumstances in which planning obligations may be required and the Council’s procedure in relation to planning obligations. See our City of York Council S106 Procedure Advice Note.
We have also prepared more information specifically regarding Biodiversity Net Gain regarding the delivery of BNG obligations.
Community Infrastructure Levy
City of York Council is preparing to implement a Community Infrastructure Levy (CIL). You can view more information on the preparation of York’s Community Infrastructure Levy via our CIL webpage.
A Community Infrastructure Levy is a charge that local authorities can set on new developments in their area. This charge makes sure certain types of new development contribute to the infrastructure needed to support growth and benefit the local community.
The CIL will be used in combination with Section 106 agreements (S106), which will continue to be used for site specific infrastructure. Unlike S106, monies raised through the CIL can be combined with funding from other sources and used to support infrastructure across the city of York.
Annual Infrastructure Funding Statement
See our Annual Infrastructure Funding Statement for a summary of the financial and non-financial developer contributions or planning obligations the council has secured through Section 106 agreements from new developments within the city.