{meta} Decision - Adoption of revised Planning Obligations Supplementary Planning Document (30 Minutes)

Decision details

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Decision:

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.

 

Legal Advice obtained from: Stephanie Hall, Principal Solicitor, Shared Legal Service, and reflected in the Cabinet report.

 

Finance Advice obtained from: Martin Anglesey, Finance Officer, and reflected in the Cabinet report.

 

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

 

 

Contact Officer: Matt Doherty        Tel No: 0161 793 2304

 

*           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

*           The appropriate scrutiny committee to call-in the decision is the Growth and Prosperity Scrutiny Panel.

 

 

Signed: Paula Boshell                                            Dated: 26 November 2019.

Statutory Deputy City Mayor

 

FOR DEMOCRATIC SERVICES USE ONLY

 

*           This decision was published on 26 November 2019.

*           This decision will come in force at 4.00 p.m. 3 December 2019                      unless it is called-in in accordance with the Decision Making Process Rules.

 

Publication date: 26/11/2019

Date of decision: 26/11/2019

Decided at meeting: 26/11/2019 - Cabinet

Effective from: 04/12/2019

Accompanying Documents: