Agenda with Maps and Applications (21Mb) - pdf - Selby District ...

infrastructure) and came into force in April 2010. The Regulations
make clear that planning obligations must 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.
These principles were originally found within Circular 05/2005, which
was guidance but now have more weight due to being enshrined within
legislation.
2.21.8 There has been much case law on the issue of whether an obligation
met these tests which provide the basis on how (a) (b) and (c) should
be interpreted. These provisions are intended to ensure that
developers cannot buy planning permissions as set out in the Circular
at B6 of Annex B – “The use of planning obligations must be governed
by the fundamental principle that planning permission may not be
bought and sold. It is therefore not legitimate for unacceptable
development to be permitted because of benefits or inducements
offered by a developer which are not necessary to make the
development acceptable in planning terms. Therefore, the legal
framework makes clear that a planning authority cannot ask for
contributions that do not arise directly from the development.
2.21.9 In light of the above, Officers would therefore recommend that the 40%
on-site affordable housing provision be accepted as this accords with
policy SHB/1B (9) of the Local Plan and the Developer Contributions
SPD, Policy H4 of the Regional Spatial Strategy and the NPPF subject
to 40% of the units being affordable on a 50:50 tenure split basis and
the agreement of the mechanisms for the identification and delivery of
these units to be covered by the S106 accordingly.
2.22 Community Infrastructure, Education and Local Service Provision
2.22.1 Criterion 3 of ENV1 states the Council will take account of “the capacity
of local services and infrastructure to serve the proposal, or the
arrangements to be made for upgrading, or providing services and
infrastructure”. Also Policy CS6 of the Local Plan states that in
considering proposals the District Council will expect developers “to
provide for or contribute to the provision of infrastructure and
community facility needs that are directly related to a development, and
to ensure that measures are incorporated to mitigate or minimise the
consequences of that development. In addition consideration of such
provision is covered by the Supplementary Planning Document (SPD)
on Developer Contributions.
2.22.2 In addition, Policy SHB/1B in terms of community infrastructure states
that proposals for the site must make provision for:
77