Planning Obligations - A Guide to Section 106 and Developer Contributions 2014 (SPD2)
This glossary contains words, phrases and names of organisations that are mentioned in this Guidance and are relevant to the planning process.
Affordable housing: Subsidised housing at below market prices or rents intended for those households who cannot afford housing at market rates. The accommodation is usually managed by an registered social landlord (RSL).
Borough Local Plan: Plan prepared under Part II, Chapter 1 of the Town and Country Planning Act 1990 (as amended) by a local planning authority for its area. Borough local plans were replaced by a local development framework prepared under the provisions in the Planning and Compulsory Purchase Act 2004. Southend’s Unitary Development Plan (UDP) was adopted 1 March 1994 although policies from the Borough Local Plan have been saved.
Character: The distinctive or typical quality of an area as described by its historic fabric; appearance; townscape; and other land uses.
Commercial Floorspace: Floorspace utilised by the following uses: offices, industry, warehousing, showrooms, hotels, retail, entertainment and private educational, health and leisure facilities, other than social and community uses that are principally provided by the public sector. This does not include residential use.
Commuted sum: A financial payment made, in accordance with a planning agreement, by a developer towards the provision of, for example, affordable housing.
Conditions: A restriction or qualification imposed when planning permission or other consent is granted under the Planning Acts. Conditions are required in law to be necessary, relevant to planning, directly related to the development to be permitted, enforceable, precise and reasonable in all other respects.
Conservation Area: An area of special architectural or historic interest designated by the local planning authority under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990, the character or appearance of which it is desirable to preserve or enhance.
Department for Communities & Local Government (DCLG): Government department, established in 2006, responsible for community cohesion and equality, for housing, urban regeneration, planning and local government.
Development: The carrying out of building, engineering, mining or other operations in, on, over or under the land; or the making of any material change in the use of any buildings or other land, as defined in the Town and County Planning Act 1990 as amended. Unless it is defined under the Act as ‘permitted development’, planning permission is required for the carrying out of any development of land.
Development Control Committee: The above committee has power to make most decisions in respect of planning applications and other development control matters. Made up of elected councillors in proportion to the political complexion of the Borough Council. Members of the committee are not bound to follow the recommendations of planning officers when taking their decisions.
Development Plan: Under the Planning and Compulsory Purchase Act 2004 (the Act), the development plan comprises the Southend Core Strategy and Southend-on-Sea Borough Local Plan 1994, until the latter is replaced by development plan documents prepared under the Act, and any DPDs or SPDs subsequently adopted as part of the Local Development Framework. If regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts the determination must be made in accordance with the plan, unless material considerations indicate otherwise.
Development Plan Document (DPD): These documents outline the key development goals of the Local Development Framework (LDF). The Southend Core Strategy was adopted in December 2007. Eventually these documents will replace the saved policies within the Borough Local Plan.
Entertainment Use: Uses within Class A3 (Restaurants and Cafes) A4 (Drinking Establishments) and A5 (Hot Food Take-aways) and other entertainment uses where the primary activity is use as a nightclub, live music and dance venue, discotheque, entertainment centre, dance hall, casino or bingo hall. These are mostly uses where the greatest attendances occur during the evening or at night. Most of these uses fall within Class D2 of the Revised (2005) Use Classes Order 1987. It does not include theatres.
Key workers: Person having skills in an employment sector important to the functioning of the region in which employers have severe difficulties in recruiting and retaining staff. Some categories of key worker are eligible for special forms of housing assistance.
Listed building: A building contained in a list of buildings of special architectural or historic interest prepared by the Secretary of State for the Environment. Before any work can be carried out which affects the character or appearance of a listed building, inside or out, listed building consent is required.
Local Development Framework (LDF): The plan-making system, introduced by the Planning and Compulsory Purchase Act 2004 requires local planning authorities to prepare a local development framework, which will comprise development plan documents and will form part of the statutory Development Plan. Supplementary planning documents will provide additional guidance and detail on specific matters. The framework will also include the Statement of Community Involvement, the Local Development Scheme (LDS) and the Annual Monitoring Report (AMR).
Material considerations: A factor which a local planning authority may take into account in making a decision on a planning application before it. In certain circumstances, such a factor, or a combination of them, may be sufficient to lead the authority to determine the application other than in accordance with the provisions of the development plan. Where that occurs, the factor or factors involved must, by law, be genuine planning matters, relating to the development and use of land, and must fairly and reasonably relate to the application concerned.
Permitted development: Some development does not require planning permission from the Borough Council. Blanket permission is given by the General Permitted Development Order.
Planning agreement: See planning obligation
Planning obligation: Also known as "S106 agreements". Private agreements negotiated, usually in the context of planning applications, between local planning authorities and persons with an interest in a piece of land (or "developers"), and intended to make acceptable development which would otherwise be unacceptable in planning terms. Obligations can also be secured through unilateral undertakings by developers. For example, planning obligations might be used to prescribe the nature of a development (e.g. by requiring that a given proportion of housing is affordable); or to secure a contribution (financial or non-monetary) from a developer to compensate for loss or damage created by a development (e.g. loss of open space); or to mitigate a development's impact (e.g. through increased public transport provision). The outcome of all three of these uses of planning obligations should be that the proposed development concerned is made to accord with published local, regional or national planning policies.
Planning permission: A written consent to the carrying out of development issued by a local planning authority or, on appeal, by a Planning Inspector or the Secretary of State. The permission is normally subject to conditions and will lapse if the development is not started within a stated period of time. Planning permission for buildings may be in outline where the principle is approved, subject to the later submission of further applications for the approval of reserved matters.
Public Art: Permanent or temporary physical works of art visible to the general public, whether as part of a building or freestanding: can include sculpture, lighting effects, and the designed treatment of street furniture, paving, railings and signs.
Registered Provider (RP): A body registered as a provider of social housing under the Housing and Regeneration Act 2008 and who is approved by the Council.
Residential Use: As set out in the Use Classes Order (C3) Dwelling Houses unless otherwise stated.
Section 38(6) (formerly 54A): The provision within the Planning and Compulsory Purchase Act (2004) which contains the principle of the development plan-led system. Planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise.
Section 106 Agreement: An agreement or undertaking made under s106 of the Town and Country Planning Act 1990 to secure planning obligations. Sections 46 and 47 of the Planning and Compulsory Purchase Act (2004) give the Secretary of State the power to make regulations to replace S106, but these powers have not yet been taken up.
Social, Community and Cultural Facilities: Most social, community and cultural facilities are in classes C2, D1 and D2 of the Use Classes Order. Such facilities can include social service uses, health facilities, some leisure and recreation facilities such as libraries, theatres and general social uses such as community meeting facilities and community halls etc.
Supplementary Planning Document (SPD) (formerly SPG): Formally adopted policy statements that either elaborate key policies set out in the Borough Local Plan/LDF or set out how policies apply to a particular site. They are prepared to cover particular development topics, or area-based issues, such as planning briefs. SPDs will consist of a main document, a sustainability appraisal, an equalities impact assessment and a consultation plan. SPDs are a material consideration in the determination of planning applications.