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512473

registered interest
date	13/04/2016
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
hansard heading	Roads: Planning Obligations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Communities and Local Government, whether regulations are in place to ensure that (a) town councils, (b) parish councils and (c) local communities can exercise a community right to bid for independent qualified contractors to deliver highways infrastructure works that are funded by Section 106 contributions from developments within their parish as part of any competitive bidding process carried out by the local highways authority.
tabling member constituency	Totnes
tabling member printed	Dr Sarah Wollaston
uin	33718
answer	answer is ministerial correction date of answer 03/05/2016 answer text <p>Provisions are in place under the Community Right to Challenge to enable town and parish councils and voluntary and community organisations to challenge how council services are delivered by submitting a bid (Expression of Interest) to the relevant council.</p><p>Expressions of Interest need to be made in respect of an existing service and one that the local authority has responsibility for providing, which councils must consider and can only reject if specific circumstances set out in legislation apply. If a developer is undertaking work as part of an agreement under Section 106 of the Town and Country Planning Act 1990, then this would not fall under the scope of the Right to Challenge as it would not be a local authority service.</p><p>However, if a highways service was to be delivered by a local authority as a result of a Section 106 contribution then this would be within the scope of the Right, although it is important to note that local authorities are able to reject an Expression of Interest if a service is already the subject of a procurement process or pre-procurement negotiations. If this is the case, the town or parish council or community group would be able to participate in the procurement process.</p><p>The Community Right to Bid provides local people and parish councils with the opportunity to nominate a building or land for listing by a local council as an Asset of Community Value (ACV), which, if the owner decides to sell, a moratorium of up to six months is triggered. During the moratorium period, the asset cannot be sold except to a community bidder.</p><p>If a highways service was to be delivered by a local authority as a result of a Section 106 contribution then this should be within the scope of the Community Right to Challenge. It is important to note though that local authorities are able to reject an expression of interest if a service is already the subject of a procurement process or if the authority has entered into negotiations with a third party to deliver the service and these are at least in part conducted in writing. Where the services are currently being procured, the organisation in question would be able to participate in the procurement exercise.</p> answering member constituency Great Yarmouth answering member printed Brandon Lewis question first answered 03/05/2016 15:45:10 answering member 4009 label Biography information for Sir Brandon Lewis
tabling member	4073 label Biography information for Dr Sarah Wollaston

509997

registered interest
date	11/04/2016
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
hansard heading	Roads: Planning Obligations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Communities and Local Government, in the event that the actual cost of a Section 106 highway infrastructure scheme exceeds the previously estimated and agreed contribution, (a) what options exist for making good that shortfall, (b) whether the local authority or the developer is liable for any additional costs and (c) whether Section 106 contributions originally allocated for other schemes may be reallocated to cover such costs.
tabling member constituency	Totnes
tabling member printed	Dr Sarah Wollaston
uin	33438
answer	answer is ministerial correction date of answer 19/04/2016 answer text <p>It is for the local planning authority to determine what is required and seek planning obligations through a Section 106 agreement in order to make a development acceptable in planning terms. There are three statutory tests that need to be applied when considering a planning obligation, that it is: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.</p><p>Developers may be asked to provide contributions for infrastructure in several ways. This may be by way of planning obligations in the form of Section 106 agreements but can also include contributions through payment of the Community Infrastructure Levy and Section 278 highway agreements.</p><p>It is for local planning authorities to decide what provisions they make in Section 106 agreements, and agree these with the interested parties, and therefore any liabilities would depend on the individual agreement. Local authorities and developers can renegotiate planning obligations by mutual agreement at any time or under Section 106A of the Town and Country Planning Act 1990. However, Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.</p> answering member constituency Great Yarmouth answering member printed Brandon Lewis grouped question UIN 33437 question first answered 19/04/2016 15:02:33 answering member 4009 label Biography information for Sir Brandon Lewis
tabling member	4073 label Biography information for Dr Sarah Wollaston

509998

registered interest
date	11/04/2016
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
hansard heading	Roads: Planning Obligations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Communities and Local Government, whether Section 106 contributions for highways infrastructure works can be used to pay for (a) the costs of administrative, legal or design work or general highways maintenance works required prior to the installation of highways infrastructure works and (b) other associated overhead costs incurred by the local highways authority or its contractors.
tabling member constituency	Totnes
tabling member printed	Dr Sarah Wollaston
uin	33437
answer	answer is ministerial correction date of answer 19/04/2016 answer text <p>It is for the local planning authority to determine what is required and seek planning obligations through a Section 106 agreement in order to make a development acceptable in planning terms. There are three statutory tests that need to be applied when considering a planning obligation, that it is: necessary to make the development acceptable in planning terms; directly related to the development; and fairly and reasonably related in scale and kind to the development.</p><p>Developers may be asked to provide contributions for infrastructure in several ways. This may be by way of planning obligations in the form of Section 106 agreements but can also include contributions through payment of the Community Infrastructure Levy and Section 278 highway agreements.</p><p>It is for local planning authorities to decide what provisions they make in Section 106 agreements, and agree these with the interested parties, and therefore any liabilities would depend on the individual agreement. Local authorities and developers can renegotiate planning obligations by mutual agreement at any time or under Section 106A of the Town and Country Planning Act 1990. However, Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.</p> answering member constituency Great Yarmouth answering member printed Brandon Lewis grouped question UIN 33438 question first answered 19/04/2016 15:02:33 answering member 4009 label Biography information for Sir Brandon Lewis
tabling member	4073 label Biography information for Dr Sarah Wollaston

510001

registered interest
date	11/04/2016
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
hansard heading	Roads: Planning Obligations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Communities and Local Government, whether regulations are in place to ensure that (a) town councils, (b) parish councils and (c) local communities have access to itemised expenditure on any associated administrative, legal, design, preparatory or maintenance works associated with individual highways infrastructure works within their areas on which Section 106 contributions have been spent.
tabling member constituency	Totnes
tabling member printed	Dr Sarah Wollaston
uin	33414
answer	answer is ministerial correction date of answer 19/04/2016 answer text <p>Section 106 agreements are negotiated and agreed between a local planning authority and a developer and/or landowner along with other interested parties in the land, such as mortgage providers. National planning policy makes clear that Section 106 requirements, modifications and discharges should be transparent and available for inspection.</p><p>Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.</p><p>Planning decisions should be based on Local Plan policy unless material considerations indicate otherwise. Representations from interested third parties may constitute material considerations. Town councils, parish councils and local communities can influence infrastructure and other considerations in Local Plans through the consultation process.</p><p>The Community Infrastructure Levy was introduced to provide a faster, fairer and more transparent approach to collecting developer contributions toward infrastructure. The Government launched a review of the Levy in 2015. This review will consider a range of issues, including the relationship between the Levy and Section 106 planning obligations.</p> answering member constituency Great Yarmouth answering member printed Brandon Lewis grouped question UIN 33413 33415 question first answered 19/04/2016 15:06:27 answering member 4009 label Biography information for Sir Brandon Lewis
tabling member	4073 label Biography information for Dr Sarah Wollaston

510002

registered interest
date	11/04/2016
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
hansard heading	Roads: Planning Obligations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Communities and Local Government, whether regulations are in place to ensure that (a) town councils, (b) parish councils and (c) local communities receive regular updates from highways authorities about (i) the sum total for Section 106 contributions for highways infrastructure works promised and delivered within their areas each year and (ii) a breakdown of expenditure on individual works within their areas.
tabling member constituency	Totnes
tabling member printed	Dr Sarah Wollaston
uin	33415
answer	answer is ministerial correction date of answer 19/04/2016 answer text <p>Section 106 agreements are negotiated and agreed between a local planning authority and a developer and/or landowner along with other interested parties in the land, such as mortgage providers. National planning policy makes clear that Section 106 requirements, modifications and discharges should be transparent and available for inspection.</p><p>Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.</p><p>Planning decisions should be based on Local Plan policy unless material considerations indicate otherwise. Representations from interested third parties may constitute material considerations. Town councils, parish councils and local communities can influence infrastructure and other considerations in Local Plans through the consultation process.</p><p>The Community Infrastructure Levy was introduced to provide a faster, fairer and more transparent approach to collecting developer contributions toward infrastructure. The Government launched a review of the Levy in 2015. This review will consider a range of issues, including the relationship between the Levy and Section 106 planning obligations.</p> answering member constituency Great Yarmouth answering member printed Brandon Lewis grouped question UIN 33413 33414 question first answered 19/04/2016 15:06:28 answering member 4009 label Biography information for Sir Brandon Lewis
tabling member	4073 label Biography information for Dr Sarah Wollaston

510003

registered interest
date	11/04/2016
answering body	Department for Communities and Local Government
answering dept id	7
answering dept short name	Communities and Local Government
answering dept sort name	Communities and Local Government
hansard heading	Roads: Planning Obligations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Communities and Local Government, what procedures are in place to ensure that (a) town councils, (b) parish councils and (c) local communities have the opportunity to influence how Section 106 contributions for highways infrastructure works are spent within their areas.
tabling member constituency	Totnes
tabling member printed	Dr Sarah Wollaston
uin	33413
answer	answer is ministerial correction date of answer 19/04/2016 answer text <p>Section 106 agreements are negotiated and agreed between a local planning authority and a developer and/or landowner along with other interested parties in the land, such as mortgage providers. National planning policy makes clear that Section 106 requirements, modifications and discharges should be transparent and available for inspection.</p><p>Local planning authorities are expected to use all of the funding they receive through planning obligations in accordance with the terms of the individual planning obligation agreement. This is to ensure that new developments are acceptable in planning terms; benefit local communities and support the provision of local infrastructure.</p><p>Planning decisions should be based on Local Plan policy unless material considerations indicate otherwise. Representations from interested third parties may constitute material considerations. Town councils, parish councils and local communities can influence infrastructure and other considerations in Local Plans through the consultation process.</p><p>The Community Infrastructure Levy was introduced to provide a faster, fairer and more transparent approach to collecting developer contributions toward infrastructure. The Government launched a review of the Levy in 2015. This review will consider a range of issues, including the relationship between the Levy and Section 106 planning obligations.</p> answering member constituency Great Yarmouth answering member printed Brandon Lewis grouped question UIN 33414 33415 question first answered 19/04/2016 15:06:28 answering member 4009 label Biography information for Sir Brandon Lewis
tabling member	4073 label Biography information for Dr Sarah Wollaston