The IFS provides a summary of planning obligations (also known as S106 agreements or developer contributions) secured by the Council from new developments towards infrastructure, over a particular period. This statement is updated and published annually to reflect the summary of obligations and agreements for each monitoring period. The monitoring period runs from 1 April to 31 March. The IFS must be published by 31 December each year.
Planning obligations are legal agreements entered into with developers and landowners to mitigate the impacts of a development proposal through a grant of planning permission to make it acceptable in planning terms. S106 agreements are legal agreements between developers and the local council linked to planning permissions. This is the main way that Dover Council (the Council) secures developer contributions.
S106 agreements are needed when a development will have impacts on the local area that cannot be moderated by means of conditions attached to a planning decision. For example, a new residential development can place extra pressure on the social, physical and/or economic infrastructure which already exists in a certain area. A planning obligation will aim to balance the pressure created by the new development with improvements to the surrounding area ensuring that, where possible, the development would make a positive contribution to the local area and community.
Planning obligations must meet the following legal tests to be required:
- 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.
Local authorities can, if appropriate, decide to set a Community Infrastructure Levy (CIL) for their area which is a fixed charge levied on new development to fund required infrastructure. CIL can be used alongside S106 agreements and planning conditions to seek contributions from developers for infrastructure. However, at the present time the Council doesn’t operate CIL, or intend to implement CIL, therefore the IFS for Dover will be reporting on S106 agreements only.
More information about developer obligations and how they are calculated and allocated at Dover can be found here in our FAQs.
Further information see the legislation governing planning obligations.
The Community Infrastructure Levy (CIL) regulations
The Community Infrastructure Levy (CIL) regulations (as amended on 01 September 2019) require Local Authorities to publish a statement at least once a year, that provides the following information:
- a report about planning obligations, in relation to the reported year, which includes matters specified within the regulations. This is referred to as the “Section 106 Report”.
- a statement of the infrastructure projects or types of infrastructure which the charging authority intends will be, or may be, wholly or partly funded by CIL.
- a report about CIL, in relation to the previous financial year, which includes matters specified within the regulations.
The relevant legislation requires the following to be reported in the S106 Report:
- the total amount of money to be provided under any planning obligations which were entered into during the reported year;
- the total amount of money under any planning obligations which was received during the reported year;
- the total amount of money under any planning obligations which was received before the reported year which has not been allocated by the authority;
- summary details of any non-monetary contributions to be provided under planning obligations which were entered into during the reported year, including details:
- in relation to affordable housing, the total number of units which will be provided;
- in relation to educational facilities, the number of school places for pupils which will be provided, and the category of school at which they will be provided;
- the total amount of money (received under any planning obligations) which was allocated but not spent during the reported year for funding infrastructure;
- the total amount of money (received under any planning obligations) which was spent by the authority (including transferring it to another person to spend);
- in relation to money (received under planning obligations) which was allocated by the authority but not spent during the reported year, summary details of the items of infrastructure on which the money has been allocated, and the amount of money allocated to each item
In relation to money (received under planning obligations) which was spent by the authority during the reported year (including transferring it to another person to spend), summary details of:
- the items of infrastructure on which that money (received under planning obligations) was spent, and the amount spent on each item.
- the amount of money (received under planning obligations) spent on repaying money borrowed, including any interest, with details of the items of infrastructure which that money was used to provide (wholly or in part).
- the amount of money (received under planning obligations) spent in respect of monitoring (including reporting under regulation 121A) in relation to the delivery of planning obligations.
- the total amount of money (received under any planning obligations) during any year which was retained at the end of the reported year, and where any of the retained money has been allocated for the purposes of longer-term maintenance (“commuted sums”), also identify separately the total amount of commuted sums held.