Planning Obligation - A Guide to Section 106 and Developer Contributions

Representation ID: 333

Received: 07/01/2010

Respondent: Sport England (East Office)

Representation Summary:

. However, objection is made to the lack of detail in the SPD about how new developments will actually make provision for community facilities in practice. The approach proposed in paragraph 2.2 of the SPD where the scale and scope of a planning obligation will be determined by negotiation in relation to the specific circumstances of the development is of concern as this does not offer clarity, consistency and transparency with respect to how planning obligations for community facilities such as sports facilities will be identified, calculated and secured in practice. While Circular 05/2005 does not require standard charges/formulae to be used by local authorities, they do offer the benefit of speeding up negotiations and ensure predicatability and transparency as set out in the Circular. Most local authorities have now taken this approach with respect to planning obligations relating to sports facilities as the majority of developments would not be expect to make on-site provision and therefore an off-site contribution using a standard charge/formulae is preferable.