Planning Obligation - A Guide to Section 106 and Developer Contributions

Comment

Representation ID: 314

Received: 05/01/2010

Respondent: Anglian Water

I note reference to :'developers should also contribute to any necessary off-site improvements ...where existing water supply and sewerage infrastructure is inadequate for the demands placed on it by development' (Page 22 Para 2.34).
and 'require developers to enter into a planning obligations to carry out works or contribute towards the provision of infrastructure required...such as... sewers...' (Page 8, Para 1.13)
In the Department of Communities and Local Government's most recent consultation on CIL (Community Infrastructure Levy) in October 2009 it refers to Section 216 of the Planning Act 2008 which defines `infrastructure` for the purposes of CIL. Water and wastewater infrastructure is not included within the definition. Indeed it was taken out from earlier guidance which suggested wastewater infrastructure provided by a sewerage undertaker may attract a CIL contribution. Therefore, if the council wish to continue to pursue the CIL tariff system, then water and wastewater infrastructure can not be included within the calculations for the `per dwelling` tax.


There may be a requirement for developers to contribute towards such infrastructure but this is not through a Section 106 Agreement or CIL.
Any requirement for developer contribution relating to water/wastewater infrastructure would be directly with the water /sewerage undertaker. Although we acknowledge Anglian Water are not a statutory consultee on planning applications we welcome the opportunity to advise and comment on applications.