Local Plan to 2030 - Main Modifications September 2018

Main Modifications to Ashford Local Plan

Policy IMP1 – Infrastructure provision (MM97)

Additional text to be inserted following paragraph 4.353:

Clearly, it is not possible to foresee all potential needs arising from development proposals (including windfalls), and so these will need to be assessed at the time against relevant policies in this Plan. Where specific requirements are known at this stage, these have been identified through the site allocation policies.

Development is expected to meet the additional demand for infrastructure that it creates, and new infrastructure should be required to be delivered at the right time to meet the new demand. In some circumstances, for example where more than one development site is contributing to its delivery, alternative solutions will need to be considered. The Council, working with the relevant service providers, will allow for some flexibility in this regard, taking into account how critical the infrastructure is and the phasing and timing of development. Flexibility will also be considered in response to issues of viability, as set out in Policy IMP2.

Amendments to paragraphs 5.455 and 5.456:

5.455 The introduction of the CIL Regulations in April 2015 now limits the scope of Section 106 Agreements and their ability to act as a pool for developer contributions towards strategic infrastructure, although they still have a role in the provision of site specific facilities. As a consequence The Council proposes to introduce a Community Infrastructure Levy Charging Schedule alongside following the adoption of this Local Plan. This has been will be tailored to take account of the general policy requirements contained within this Plan and reflects the viability position at the time of drafting. It is likely that the CIL Charging Schedule will need to be reviewed on a regular basis to reflect changing market conditions.

5.456 Nevertheless, the Council still considers that Section 106 Agreements can provide a more certain means of delivering specific infrastructure and services than the use of CIL receipts. This has benefits for developers, residents and service providers and allows for more transparency about what will be delivered and when. The Council will therefore continue to use S106 to secure the delivery of infrastructure, where it is justified to do so in line with the NPPF and CIL Regulations, in preference to assuming funding will arise from CIL in due course. Consequently, the Council will continue to work with service providers to identify specific projects which meet additional demand arising from the policies of this Plan, allowing for a maximum of five S106 Agreements to provide proportionate contributions to those projects. in preference to assuming funding will arise from CIL in due course.

Additional paragraph to be inserted following 5.456 and deletion of paragraph 5.458:

The Council, in liaison with the local highway authority, will also utilise S278 agreements to secure infrastructure and funding for highways related projects.

5.458 Clearly, it is not possible to foresee all potential needs arising from development proposals (including windfalls), and so these will need to be assessed at the time against relevant policies in this Plan. Where specific requirements are known at this stage, these have been identified through the site allocation policies.

Amend Policy IMP1 as follows:

The Council will continue to work with relevant service providers to identify and deliver the infrastructure that is needed to support the development set out in this Plan.

All Developments shall make provision to meet the additional requirements for infrastructure arising from the development, either through Section 106 agreements and/ or Community Infrastructure Levy contributions. where it is justified to do so in line with the NPPF and CIL regulations. The infrastructure should be provided at a time that is required to support the needs generated by the development.

Provision should be made either by delivery of the infrastructure or by financial contributions towards the cost of the delivery. This shall normally be secured through Section 106 Agreements, Section 278 agreements and / or Community Infrastructure Levy contributions.

The Council will take a flexible approach where it is justified to do so for reasons of development viability.