Planning obligations

The purpose of planning obligations is to make acceptable a development that would otherwise be unacceptable in planning terms. For example, by addressing any specific issues and impacts which may arise from a proposal otherwise. They are normally agreed between the council, landowners and developers in a Section 106 (S106) legal agreement.

The Planning Obligations SPD (2017) was adopted on 16 May 2017, replacing the 2014 Planning Obligations SPD.

The SPD provides updated guidance on current policies and regulations on planning obligations and Section 106 agreements. It shows how these work with the Community Infrastructure Levy in securing the contributions needed to support growth in Waltham Forest.

• Planning Obligations SPD (2017) (PDF)
• Adoption Notice (PDF)
• Consultation Statement (PDF)

From 1 October 2016, any new homes forming part of major developments must offset all carbon emissions to 100% or zero carbon emissions.

The target was created by the Mayor of London to achieve the London Plan policy aim of zero carbon homes for major developments. This is detailed in the housing supplementary planning guidance, published in March 2016.

This will achieve the 100% CO2 reduction target for new zero carbon homes as set out in London Plan policy 5.2.

• Carbon offset fund changes (PDF)

We received interim advice from Natural England, as “appropriate conservation body” for the purposes of the Conservation of Habitats and Species Regulation 2017.

This concerns the assessment of these regulations on the impact of increased recreational pressure on the Epping Forest SAC, due to new housing development.

Natural England’s advice has great weight and we have a duty to follow it. All residential development that falls within the 6.2km ‘zone of influence’ is now subject to a project level HRA screening. Where necessary, this may also include an appropriate assessment.

Natural England advice letter (PDF) - Emerging strategic approach relating to the Epping Forest Special Area of Conservation (SAC) Mitigation Strategy. Interim advice following feedback from London boroughs and Greater London Authority.

We (as the ‘competent authority’ under 2017 regulations) will carry out the screening and any required appropriate assessment at the planning application stage.

Residential developments we will screen include:

• New dwellings of 1+ units (excludes replacement dwellings and extensions)
• Houses in Multiple Occupations (HMOs)
• Student accommodation
• Residential care homes and institutions (excludes nursing homes)
• Residential caravan sites (excludes holiday caravans and campsites)
• Gypsies, Travellers, and travelling show people plots

Our starting point is that residential development applications within the 6.2 km zone are likely to impact Epping Forest SAC. This is due to increased recreational pressure. As such, suitable mitigation will be required, in order for planning permission to be granted. 

‘Suitable mitigation’ may include financial contributions to management of the SAC. It also includes contributions (physical or financial), to suitable alternative natural green space (SANGs) that can alleviate recreational pressures on the SAC.

In partnership with Natural England, we will assess how specific contributions and/or measures are calculated and identified for each development. This will be according to the scale and location of the proposal.

• Community Infrastructure Levy (CIL) 

Development viability Protocol

We are a member of the London Borough Viability Group. This brings together planning, housing and surveying officers from councils across London to consider best practice in the assessment of viability.

The group consulted on a draft London Borough Viability Protocol document between 22 February and 20 March 2016.

This aims to provide greater clarity to developers and the public on the consideration of development viability within the planning process. It draws on best practice in line with the national planning policy framework and the planning practice guidance.

London Borough Viability Protocol, published on 29 November 2016.