The human version (we wrote this, not the council)
This policy deals with when and how infrastructure is delivered. Projects supporting the plan's growth are listed in the Infrastructure Delivery Plan, and developments must deliver critical and essential infrastructure in a timely, proportionate way, with early provision seen as vital. Temporary facilities may be accepted as an interim measure where they are fit for purpose and there is a clear timescale and mechanism for permanent replacements. Contributions are typically secured through Section 106 legal agreements and Section 278 highway agreements.
An unofficial plain English summary. The official wording below is
what counts at examination; check it before you rely on anything here.
The text below is extracted automatically from the official PDF and may
contain artefacts; the PDF is authoritative.
S106 planning obligation). S106 contributions must make be necessary to make the
development acceptable in planning terms, directly related to the development and
related in scale and kind to the proposed development.
3.1.8 One of the common forms of infrastructure required for new development are
highway improvements. A Section 278 agreement (s278) allows developers to enter into
a legal agreement with Warwickshire County Council (in its capacity as the Highway
Authority) to make permanent alterations or improvements to a public highway as part
of a planning approval. This a key mechanism to make development acceptable in
planning terms.
3.1.9 In combination, these different mechanisms provide a range of ways and means
for infrastructure to be delivered in the plan period. Therefore, planning permission will
be restricted from implementation, and in significant cases refused, in the absence of
sufficient infrastructure capacity or acceptable mitigation.
3.1.10 Where there is a major development which requires its own infrastructure
through on-site provision or off-site contributions, and the proposal is subject to
Environmental Impact Assessment (EIA), the Local Planning Authority will require
the developer to consider the likely effects of the development and all of its supporting
infrastructure as a whole, so that potential in-combination effects can be assessed by
the decision-taker.
3.1.11 It is recognised that economic viability of development can be impact upon by
infrastructure requirements. This can be particularly important where significant
infrastructure requirements are identified as being needed to make the proposals
acceptable by the Local Planning Authority. The balance may be particularly sensitive in
respect of redevelopment of brownfield land, or where significant levels of affordable
housing are required to meet the golden rules set out in the NPPF in regard to the
delivery of housing on Green Belt or Grey Belt land.
3.1.12 In these cases, an independent viability assessment will need to be
undertaken regarding the deliverability of infrastructure. This allows for an objective
appraisal to inform negotiations. The need for the preparation of a viability assessment
will be necessary on a case-by-case basis.
Policy ID.2
Infrastructure Delivery
The infrastructure projects to be delivered through the SWLP to support the
development proposals are set out in the accompanying Infrastructure Delivery Plan.
Development proposals must ensure that critical and essential supporting
infrastructure is delivered in a timely and proportionate manner and ensuring that
infrastructure is provided early on in the development is vital, acknowledging issues
around development viability.
The provision of temporary facilities as an interim measure will be considered where
such infrastructure is fit for purpose and there is a clear timescale and mechanism