Decision details

Viability Protocol Supplementary Planning Document

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

The Viability Protocol Supplementary Planning Document (SPD) sets out the process the Council expects applicants to undertake for site specific Viability Assessments where a reduction in contributions is sought. In January 2001, Members resolved to advance the SPD to adoption unless there were significant changes in which case it would be reported back to Cabinet for final endorsement. The (SPD) has been the subject to two consultations and to address issues raised various amendments. Final endorsement is therefore sought for the adoption of the SPD.

Decisions:

(Cabinet Member with Special Responsibility Councillor Dowding)

 

Cabinet received a report from the Director for Economic Growth & Regeneration for Members to consider the amendments made to the draft Viability Protocol Supplementary Planning Document (draft SPD) to address representations made during the consultation and seek authorisation for the Service Manager – Planning and Housing Strategy to proceed with formal adoption.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

Option 1: Adopt the SPD as a material consideration when determining planning applications.

Advantages: The SPD will provide guidance to applicants about the Council’s approach to viability assessments and information required. It will help applicants ensure they provide appropriate information and set a formal agreement for the payment of costs by the applicant. If the guidance is followed it should help minimise delays arising from viability matters.

Disadvantages: No disadvantages.

Risks: The SPD may be subject to a judicial review.

Option 2: Do not adopt the SPD as a material consideration when determining planning applications.

Advantages: No advantages.

Disadvantages: The Council will not have guidance available.

Risks: None.

 

The officer preferred option is Option 1 – adopt the SPD.

 

Councillor Dowding proposed, seconded by Councillor Hamilton-Cox:-

 

“That the recommendation, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)        That Cabinet delegates authority to the Service Manager – Planning and Housing Strategy to proceed with the statutory process to adopt the Supplementary Planning Document.

 

Officer responsible for effecting the decision:

 

Director for Economic Growth & Regeneration

 

Reasons for making the decision:

 

The decision is consistent with the Corporate Plan which  includes ambitions to improve access to quality housing. The Corporate Priorities (updated January 2021) set out the Council’s priorities to reach net zero by 2030; transitioning to low carbon and active transport system; increasing biodiversity and reaching net zero carbon by 2030; supporting new enterprises; securing investment in regeneration; develop housing to ensure people of all incomes are comfortable, warm and able to maintain their independence.

 

The Lancaster Local Plan includes policies which seek to ensure that the new housing developments include a proportion of affordable housing, provide the necessary infrastructure contributions and support sustainable development, biodiversity, active travel. The SPD will support the implementation of policies within the Local Plan.

 

 

Report author: Fiona Clark

Publication date: 04/03/2022

Date of decision: 01/03/2022

Decided at meeting: 01/03/2022 - Cabinet

Effective from: 12/03/2022

Accompanying Documents: