Implementation

Introduction

12.1. This chapter of the Plan sets out:

•  the resource framework within which the Plan will operate;

•  the framework for enabling and securing development;

•  requirements for developer contributions and planning obligations;

•  methods of monitoring and enforcement of policies; and

•  the production of supplementary planning  documents.

Resources

12.2. The primary functions of the Local Plan relate to initiating and co-ordinating the development and use of land in the City. The implementation of policies and proposals will allow the Plan’s aims and objectives to be achieved. In formulating the proposals in the Plan, the Council has had regard to the needs and aspirations of the local population, and will continue to take these into account when implementing, monitoring, and reviewing the Plan.

12.3. Whilst the majority of policies and proposals can be implemented by the control and guidance of development, some will have direct resource implications and will rely on the availability of these resources to facilitate and secure proper forms of development. In implementing these proposals the Council must give consideration to the availability of resources - both public and private.

12.4. Although the Plan will be used as a basis for guiding investment decisions of the public and private sector, the Plan itself does not commit or programme any financial resources. Indeed with the current financial restraints in the public sector, the achievement of the Plan’s objectives will rely heavily on appropriate private sector investment. Implementation will therefore depend on the rate of investment and availability of resources, and these will be determined partly by economic factors which cannot be predicted and are beyond the control of the Council.

12.5. The Council can however fulfil the pivotal role of the ‘enabler’, contributing its own resources, and creating conditions where proposals can be brought to fruition, and the objectives of the Plan realised. Work with key partners such as the Leicester Regeneration Company can add impetus to this process and enable joint ventures such as regeneration schemes to be undertaken which tackle the comprehensive development of an area. The Council may also initiate Compulsory Purchase Orders in order to alleviate constraints on development potential.

Enabling and Securing Development

12.6. The Council recognises that in making decisions to allocate land or to determine planning applications it will need to take account of all material considerations including the provision of infrastructure necessary to support development, and the reasonable need for amenities and facilities arising as a direct result of the development. In light of the resource framework highlighted above the Council and service providers have found it increasingly difficult to provide infrastructure and amenities for new development.

12.7. It is the Council’s view that developers and landowners should make the necessary and appropriate provision for infrastructure, services and amenities, including community facilities where the need for these arises as a direct result of the proposed development.

12.8. Provision of satisfactory infrastructure is essential to the proper implementation of the Plan’s policies and proposals. The timing of its implementation may impact on the rate and phasing of development. Development of land often increases the burden on existing infrastructure which has insufficient capacity to enable significant developments to proceed and can also worsen conditions for other users of the infrastructure and services. Thus developers may be reasonably expected to pay for or contribute to the cost of infrastructure which would not have been necessary but for their development.

12.9. Developers may therefore be requested to submit information and assessments to assist the Council in determining what infrastructure should be provided and the phasing of the provision. PPS12 – ‘Local Development Frameworks’ highlights the importance of infrastructure provision and its linkages to development.

Developer Contributions and Planning Obligations

12.10. The current arrangements for planning agreements with developers are set out under S106 of the Town and Country Planning Act 1990 (as substituted by the Planning and Compensation Act 1991). 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.Circular 05/2005 on Planning Obligations sets out the Governments policy on the use of planning obligations.

12.11. Planning Obligations are a proper and recognised part of the planning system and can provide the means of reconciling the aims and interests of developers with the need to safeguard the environment or to meet the costs and needs arising as a result of the development. They enable developers to give undertakings to local authorities to agree that certain works are carried out in relation to a proposed development. The provision of facilities or contributions to enable their provision will be secured by means of a planning obligation negotiated with the developer.

12.12. In seeking to secure proper forms of development, the Council will therefore apply the following policy:

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12.13. The list in Appendix 04 indicates examples of appropriate provisions and measures which could be sought through entering into planning obligations with developers. The list is not exhaustive and where appropriate, items not on this list will be sought. Obligations will relate not only to the development proposed, but also to the provisions of the Local Plan for the site, in order to secure the proper planning of the area.

12.14. The LRC is preparing strategies to secure contributions to fund improvements to the public realm. This will address issues ranging from environmental improvements, highways works, street maintenance and other enhancement works. They are also working with the City Council and other public agencies to ensure the provision of facilities essential to support the newly planned residential and employment development, including education, recreation, community and health facilities.

12.15. Obligations will require developers to provide infrastructure which is either needed to allow the development to go ahead, or is directly related to the use of land after its completion. The Council will seek to secure the provision of facilities or of contributions where necessary or appropriate, to meet the needs of the occupiers and users of the development. Thus it may be reasonable for developers to meet the full cost of essential community, educational and recreational facilities required as a direct result of the development, or where the development will create a need for extra facilities such as new access roads, bus shelters, or open spaces. The improvement and extension of existing facilities may also be acceptable, or contributions may be requested to off - site provision suitably located to serve the development site.

12.16. Obligations may also require provision of a specific benefit or facility, and/or a financial contribution toward the provision and maintenance of such a benefit. Negotiations will be sought with landowners and/or developers to allocate 1% of the capital budget for major development proposals for the provision of public art. (This will apply to residential development of twenty five dwellings or more, or  where the site area is 1 ha or more. For all other uses this will be where the gross floorspace to be built is 1,000 square metres or more, or the site is 1ha. or more.) The Council will also seek, where appropriate, contributions to the maintenance of specific aspects of the development such as open space, recreation facilities or amenities, woodland and landscaping which are required for the benefit of the development. Maintenance payments will normally be for a period of ten years.

12.17. The Council will identify the type of planning obligations likely to be required as early as possible in the planning process and will make a comprehensive assessment of the requirements

•  in supplementary planning documents

•  and during the planning application process.

Monitoring

12.18. It is important that the policies and proposals of the Plan are monitored and reviewed to gauge their effectiveness as they are implemented. The monitoring process highlights the areas of the Plan which need reviewing and gives an indication as to whether the Plan is achieving its aims. PPS12 highlights the monitoring arrangements that local planning authorities need to establish.

12.19. A monitoring report for the previously adopted Local Plan was produced (September 1998) and the first Annual Monitoring Report produced as part of the requirements of the new planning system in 2005. A comprehensive Sustainability Appraisal of its policies was undertaken (1996) which informed the review of this Plan. The sustainability appraisal of policies in this Plan has been undertaken at the first and second deposit, and modification stages in order to assess whether the current set of policies are in line with the strategic sustainability aims of the Plan and a comprehensive set of indicators established. Independent consultants verified both the appraisal and the indicators during the preparation of this Plan (July 2000).

12.20. The Council produces a series of regular monitoring reports in addition to other planning related data as required by the Government. These relate to the key areas of:

•  housing - the monitoring of residential land availability, the supply of housing land, house building rates, brownfield development, housing densities, city centre housing and affordable housing;

•  employment - the supply of strategic employment land, quality of employment sites, greenfield/brownfield take up rates and loss of employment land;

•  retailing - survey of the city centre, district and local centres, and retail floorspace in the City; and

•  planning application statistics, and data on the use of policies in determining applications.

12.21. A list of indicators and targets relating to the strategic aims of the Plan has been devised as shown in Appendix 05. This will enable monitoring of the policies in the Plan and provide information on whether the aims of the Plan are being met. Further areas for monitoring and use of data will be examined where necessary. The Council also undertakes monitoring of policies and procedures under EMAS. (Eco-Management and Audit System).

12.22. The Council will continue to monitor regularly the effectiveness of policies and proposals in the Plan and will take account of the changing circumstances in the physical, social, and economic environment in order to review and update the Plan.

Development Control and Enforcement

12.23. The Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991 gives the Development Plan greater weight when dealing with the control of development.

12.24. Section 54A of the Town and Country Planning Act 1990 requires that the determination of planning applications or appeals should be made in accordance with the Development Plan unless material considerations indicate otherwise. Thus applications which are not in accordance with the relevant policies in the Plan should not be allowed unless material considerations indicate otherwise.

12.25 In exercising its enforcement powers the City Council will follow the general principles and details set out in this Plan, and will where appropriate take the necessary action against unauthorised development by seeking to enforce breaches of planning control.

Supplementary Planning  Documents

12.26. To assist with their implementation, the policies and proposals in the Plan will be supplemented by site development guidance and Supplementary Planning Documents (SPD) as set out in PPS12. In the case of the latter future  SPDs will be programmed in the City Council’s Local Development Scheme.

12.27. They further clarify and illustrate Local Plan policy and land use proposals providing helpful guidance for those preparing planning applications. Their purpose will be to state the type of development required or proposed for a site, as well as any relevant development information and constraints.

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