Local Requirements - Planning Obligations Draft Heads of Term Statement

Types of application or development that require this information

Major developments which generate site specific requirements to make the development acceptable in planning terms, including (but not exhaustive):

• Affordable housing
• Highway infrastructure
• Education infrastructure
• Public transport infrastructure
• Drainage and flood requirements
• Footpaths and rights of way
• Recreation
• Habitat Mitigation

What information is required?

The Planning Obligations – Draft Heads of Terms Statement should include:

• A copy of the completed Planning Obligations form which includes the draft heads of terms, ownership and contact details. See 106 Agreements for more information.

In some instances, site specific circumstances mean that a scheme will not be able to be developed viably with the planning obligation and policy requirements in the Local Plan. Core Strategy Policy ID2 sets out the Council’s approach for considering viability issues in the determination of planning applications. 

Where an applicant wishes to demonstrate that a site is financially unviable at the level of planning obligations and policy requirements required, a suitably detailed Financial Viability Assessment must be submitted to support this claim. National Planning Practice Guidance: Viability provides guidance on the content of viability assessments. An application will not be considered as ‘valid’ unless a financial viability assessment has been submitted.

Further information

• Draft Heads of Terms Template and Guidance Note (to follow)
• South Pennine Moors SPA/SAC Planning Framework SPD
• National Planning Practice Guidance: Viability

Policy driver

• National Planning Policy Framework - Chapter 4: Decision-making
• National Planning Practice Guidance: Planning obligations
• Core Strategy - Policy ID2: Viability
• Core Strategy - Policy ID3: Developer Contributions
• Core Strategy - Policy HO11: Affordable Housing
• Core Strategy - Policy EN1: Protection and improvements in provision of
  Open Space and Recreation Facilities
• Core Strategy - Policy SC8: Protecting the South Pennine Moors and their Zone of Influence
• South Pennine Moors SPA/SAC Planning Framework SPD