URN2 Planning Agreements For Urban Regeneration Strategic Policy
In appropriate circumstances, the local planning authority will seek to negotiate planning obligations through agreements with developers under section 106 of the town and country planning act 1990, where such agreements may assist in securing the best use of land, desirable community benefits and a planned, sustainable environment.
Reasoned justification :
4.7 The UDP provides the best opportunity to make clear the Local Planning Authority's policy on seeking planning benefits. Previously, such negotiations have taken place on an ad-hoc basis, but the presumption in favour of development in accordance with the development plan under Section 54A of the Town and Country Planning Act 1990 requires a more specific approach.
4.8 The UDP cannot, however, be prescriptive and the Local Planning Authority cannot require such agreements. Policy URN2, therefore, is designed to be both selective and pragmatic, in that the Local Planning Authority will seek to negotiate such agreements in appropriate circumstances.
4.9 Planning agreements between developers and the Local Planning Authority may be used in addition to conditions on a planning permission for matters which would be inappropriate as conditions, in accordance with national planning guidance. The agreements must be necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the development and reasonable in all other respects. Agreements cannot be used to make a proposed development acceptable which would otherwise be unacceptable on planning grounds.