Guidance on planning obligations following the introduction of the Community Infrastructure Levy and the adoption of the Lambeth Local Plan 2015.
Sections in this guide (click title to view)
- 1. Introduction
- 2. Viability model (for affordable housing - small sites)
- 3. Section 106 toolkit (non-housing)
- 4. Zero Carbon Homes – new policy requirement from 1 October 2016
- 5. Travel Plans
- 6. Fees and charges
The Council responds to the impact of new development in the Borough in a number of different ways. Since October 2014 the Council has been operating the Lambeth Community Infrastructure Levy (CIL) Charging Schedule, alongside the charge for Mayoral CIL.
Many of the financial contributions that were previously collected through planning obligations to help pay for facilities and infrastructure are now covered by CIL payments. For some projects, the impact of development can be met by CIL payments alone. In other cases, for example where the way the land is used in the future needs to be managed, or where a scheme is very large, planning obligations may be necessary as well as CIL payments.
In all cases where the impacts from development are not fully met by CIL payments, the Council will look to secure planning obligations that are necessary to make the development acceptable in planning terms, directly related to the development and fairly and reasonably related in kind and in scale to the development. Assessment of the impact of development, and the corresponding need for planning obligations, is carried out as part of the consideration of individual planning applications.
Planning obligations are agreements entered into between the Council and owners of land, usually in conjunction with the granting of planning permission. They attach to the land, binding it and whoever owns it. They are also known as 'Section 106 Agreements', ‘S106 Agreements’ or 'Unilateral Undertakings'. Planning obligations may involve an agreement that the land will only be used in a particular way, the provision of facilities or infrastructure, or the making of financial contributions to the Council.
Policy D4 of the Lambeth Local Plan (adopted September 2015) sets out the Council’s policy for seeking planning obligations.
For some sorts of planning obligation – contributions in lieu of affordable housing provision on small sites, for off-site children’s play space and to offset the impact of visitor attractions – the Council’s approach to calculating contributions is set out in
Annex 10 of the Lambeth Local Plan.
2. Viability model (for affordable housing - small sites)
A viability model, contribution ready reckoner and guidance notes are available to assist with understanding the calculation of contributions in lieu of affordable housing provision for small sites under 10 residential units.
These materials are for guidance only and the final amount of contribution payable will depend on individual circumstances.
3. Section 106 toolkit (non-housing)
The Council’s Section 106 toolkit provides guidance on calculating some contributions that are not covered by Annex 10 of the Lambeth Local Plan, in particular contributions relating to employment and skills training.
Choose the tab for the contribution that you wish to calculate. The toolkit will produce an indicative figure that is for guidance only. The final amount of contribution payable will depend on individual circumstances.
4. Zero Carbon Homes – new policy requirement from 1 October 2016
From 1 October 2016 the London Plan (Policy 5.2) requires new residential buildings forming part of major development proposals to be zero carbon.
The London Housing Supplementary Planning Guidance (March 2016) defines zero carbon homes as homes forming part of major development applications where the residential element of the application achieves at least a 35 per cent reduction in regulated carbon dioxide emissions (beyond Part L Building Regulations 2013) on-site (in line with London Plan Policy 5.2B). The remaining regulated carbon dioxide emissions, to 100 per cent, are to be off-set through a cash in lieu contribution to be ring fenced to secure delivery of carbon dioxide savings elsewhere (in line with London Plan Policy 5.2E).
In Lambeth, contributions will be set at £2,850 per tonne of carbon, which represents £95 per tonne over a period of 30 years. This requirement has been assessed within the London Plan Viability Assessment (2017) to confirm that contributions set at this level would not compromise scheme viability.
The funds secured by the council will be ring-fenced to deliver carbon emissions savings elsewhere in the borough and will be secured through Section 106 legal agreements.
For further information and guidance please see the GLA website.
5. Travel Plans
The guidance on Travel Plans is comprised of TfL’s guidance on Travel Plans together with specific requirements LBL has adopted. The guidance outlines some basic elements a Travel Plan should include.
6. Fees and charges
Request for copies of S106 deeds
You may download copies of S106 agreements from the Planning Applications Database after entering the deed reference or planning application number in the search facility. There is no charge for this.
Alternatively, you may obtain copies which are charged at £35 per deed inclusive of VAT. Please go to Lambeth's online payment facility to make the payment. Please allow 10 working days for this to be issued.
Request for S106 compliance letters
Confirmation in writing as to whether all financial and non-financial S106 obligations have been satisfied are charged at £140 per letter inclusive of VAT. Please go to Lambeth's online payment facility to make the payment. Please ensure you quote either the deed reference or planning application number. Please allow 10 working days for this to be issued.
To discharge the non-financial obligations please email our planning colleagues at firstname.lastname@example.org and email@example.com requesting formal S106 discharge of those obligations and submit any evidence as necessary for their consideration and approval.