Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Salford City Council - Record of Decision (CABINET)
I, Paula Boshell, Statutory Deputy City Mayor, in consultation with the Cabinet and in exercise of the powers contained within the City Council constitution do hereby adopt the Refreshed 2015 Planning Obligations Supplementary Planning Document.
The Reasons are:
Since the 2015 Planning Obligations Supplementary Planning Document was adopted there have been changes to national policy, guidance and legislation, and also evidence of a general improvement in the viability of new development in the City. Therefore a minor refresh of the 2015 Adopted SPD has been undertaken.
Options considered and rejected were:
The city council consulted on a draft Planning Obligations SPD between January and March 2019 which represented a comprehensive update to the approach in the 2015 version, including the introduction of new policies and also formulaic approaches to the calculation of obligations.
However, in September 2019 the government updated planning practice guidance on planning obligations to state that introducing new formulaic approaches should not be done through new SPDs; such requirements have to instead be set through local plans and independently examined as part of this process. As a result a minor refresh of the 2015 adopted SPD has instead been undertaken that does not involve changing existing formulas or introducing new ones, or changing the overall approach.
Assessment of Risk is low to medium given that the city council has not proceeded with a comprehensive review of the 2015 SPD, given this would be contrary to the government’s planning practice guidance. Notwithstanding this, the SPD could be challenged either by way of judicial review of the decision to adopt the SPD, or by way of an appeal against a refusal of planning permission on a failure to meet the requirements of the SPD.
The source of funding is existing revenue budget.
Procurement Advice obtained: Not applicable
The following documents have been used to assist the decision process:
§ Report to Cabinet on 26 November 2019: Adoption of the Refreshed 2015 Planning Obligations SPD
§ Consultation statement
§ Community impact assessment document
* This document records a key decision, but the matter was not included in the Council's Forward Plan and it has been dealt with under the emergency procedure.
* This decision is urgent and is not subject to call-in, in accordance with the Decision Making Procedure Rules
FOR DEMOCRATIC SERVICES USE ONLY
* This decision was published on 26 November 2019.
Publication date: 26/11/2019
Date of decision: 26/11/2019
Decided at meeting: 26/11/2019 - Cabinet
Effective from: 04/12/2019