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Planning obligations community benefit strategy

Background

LTGDC adopted a Planning Obligations Community Benefit Strategy (POCBS) in March 2008. This is to ensure that developments contribute financially and in kind towards the infrastructure that is needed in the London Thames Gateway area to support the developments that are coming forward for planning approval. The Strategy is currently under review to ensure that the charges remain appropriate and to build in any refinements from its initial period of operation. We welcome your comments on the proposed revisions.

Current Operation of the Strategy

The Discounted Standard Charge is currently set at:

- £10,000 in Lower Lea Valley (LLV)

- £6,000 in London Riverside (LR)

Two area-based pooled funds have been established and the LLV/LR Management Groups, together with the Developer and Landowner Liaison Group assist in determining how these funds are best prioritised to help fund essential infrastructure required for the regeneration of the area.

LTGDC has negotiated £44m towards the pooled fund and £15m on specific agreements. The Corporation has received £3.6m in S106 contributions, including £1.7m towards the LLV pooled fund. Six agreements have been signed that include the tariff and five are under negotiation. Projects funded to date include:

- DLR Daisy Display

- Controlled Parking Zones and Traffic Regulation Orders

- LLV bus route study

- Air Quality Monitoring

- Public Realm Improvements

2009-10 Review

At the point of adoption, the Board noted a commitment to review the Standard Charge and Discounted Standard Charge in 2009, and that this process should be done collaboratively with the Management Groups and Developer Liaison Groups. LTGDC re-commissioned Environmental Resources Management (ERM), who had assisted in the development of the original Strategy, to review the process and level of charge, in light of its initial period of operation and any impacts in relation to the current economic climate.

The findings of the review were presented to the Board in October 2009, with a recommendation to go out to consultation on the proposed revisions to the Strategy. Board agreed to this approach and therefore comments were invited on the proposed changes to the POCBS. Please find attached below a revised version of the Strategy with track-changes (October 2009), ERM’s technical report and appendices (September 2009) and a summary of the main proposed changes together with a list of consultation questions. The consultation ran from October 2009 – January 2010 and LTGDC is currently reviewing comments received in relation to the consultation.

Consultation Documents

Background Documents

In 2006 the LTGDC commissioned Environmental Resources Management (ERM) and Sustainable Property Consultants to produce a report and annexes regarding a potential Section 106 Strategy for the LTGDC.

Linked below are the adopted Startegy and related background documents:

Previous Consultation

Several rounds of consultation took place throughout the development and adoption of the Strategy and a wide range of responses were received, which informed the approach to planning obligations set out by LTGDC in the Strategy. A full summary of the consultation responses received and the LTGDC response to these comments was reported to LTGDC Board in March 2008 and is available here

In summary, previous consultation on the POCBS took place:

- December 2006 - January 2007 on the technical reports

- August - November 2007 on the detailed provisions within the Strategy

- January - February 2008 on specific final details

Relationship with Community Infrastructure Levy

The review of the Strategy considered changes to the legal and policy context since the Strategy was adopted in March 2008. The main change is the proposed introduction of a standardised infrastructure charge in the form of the Community Infrastructure Levy (CIL). The Regulations that will govern the operation of CIL have been recently out to consultation, and include potential measures to restrict the use of tariffs and tie S106 obligations to site specific issues. The introduction of CIL therefore has the potential to limit the operation of the Strategy, but the Corporation has responded to the CIL consultation making the case for the continuation of the LTGDC tariff (please see link to LTGDC response). In any event, it is likely to be several years before S106 is formally restricted so as to prevent tariffs and several years before boroughs are in a position to implement CIL, and therefore the review concludes that there have been no substantive changes which require LTGDC to reconsider the Strategy as a whole.

Developer and Landowner Liaison Groups

LTGDC has committed to keeping developers and landowners involved and informed in the provision of infrastructure and expenditure of monies collected under the terms of the strategy. If you are a developer or landowner with an interest in the Lower Lea Valley or London Riverside areas, LTGDC would like to invite you to become a member of the Developer Liaison Group that have been established. Attendees at previous meetings include major house-builders and developers, London First, RSLs, major landowners in the area, planning and surveying consultancies, architectural firms and utilities and infrastructure providers.

Please can you let Hannah Berriman know if you would like to attend or find out the dates of the meetings. Please do not hesitate to contact her if you would like any further information, or have particular issues that you would like the meetings to cover.