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The purpose of the Developer Contributions Framework is to provide guidance on Hertsmere Borough Council’s requirements and approach to the use of both the Community Infrastructure Levy (CIL) and Section 106 (s106) agreements (including the provision of Affordable Housing), known as Planning Obligations. The Framework comprises a suite of documents and other guidance including the council’s charging schedule for the Community Infrastructure Levy (CIL). The Framework is intended to primarily be an online resource, with relevant sections updated as and when required, rather than being a single, static 'document'. It replaced the Planning Obligations Supplementary Planning Document on 1 December 2014 when CIL came into effect.
It also cross-references the council’s Affordable Housing Supplementary Planning Document, specifically with regard to commuted payments where it has been exceptionally demonstrated to the Council that on or off-site provision cannot be made.
The Framework also provides an explanation of the council’s internal procedures for CIL and s106, setting out in detail what we do, why we do it and how we do it. It can be used as a guide for developers seeking pre-application advice, a day-to-day reference, evidence that we go about our work in a methodical, consistent and transparent manner, and a resource around which we may engage dialogue with developers throughout the planning application process.
The introduction of CIL has changed the way Planning Obligations are secured, but s106 agreements are still being used to secure non-financial obligations as well as on-site infrastructure provision and any agreed affordable housing contributions. CIL is chargeable on all additional new built floor space, although there are some very limited exemptions and relief processes available, including the ability to ‘pay in-kind’.
Read more information on the CIL charges in Hertsmere and the manner in which it is charged and collected.
The National Planning Policy Framework (NPPF) advises that "Any additional development plan documents should only be used where clearly justified. SPDs should only be used where they can help applicants make successful planning applications or aid infrastructure delivery and should not be used to add unnecessarily to the financial burdens on development". The following guidance does not set out any additional policy requirements; rather it adds further definition to the adopted local plan and other statutory and non-statutory matters relating to developer contributions.
This framework covers the following:
1. Purpose of the Framework and approach to developer contributions In Hertsmere
2. The Policy Context
3. How this process fits into the Development Team Approach
4. Hertsmere CIL Charging Schedule and Regulation 123 List
5. Allocation of CIL expenditure
6. Possible s106 contributions and indicative calculations
7. Affordable Housing
8. The Council’s approach to s106 and financial and legal matters
9. Approach to Delivery in the Elstree Way Corridor Area Action Plan
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