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Craven District Council

Planning Obligations and Draft Heads of Terms Pro-forma

When required?

Policy Driver

  • Craven Local Plan Policies H2: Affordable Housing, EC4: Tourism, INF1: Planning Obligations, INF2: Community Facilities and Social Spaces, INF6: Education and INF7: Sustainable Transport and Highways.
  • The National Planning Policy Framework (NPPF)

What are these?

Planning obligations are developer contributions which are:

a. necessary to make the development acceptable in planning terms;

b. directly related to the development; and

c. fairly and reasonably related in scale and kind to the development.

Planning obligations usually require a legal agreement (Section 106) to be drawn up alongside the planning proposal and a Draft Heads of Terms Pro-forma is provided here which, once completed will set out the basis of this legal agreement. Craven Local Plan policy INF1: Planning Obligations sets out how the Council will use planning obligations.

Where can these planning obligations be found?

In accordance with paragraph 34 of the NPPF, the Craven Local Plan has set out the planning obligations expected from development in its policies.

Those developer contributions/planning obligations which will be calculated by standardised formula and set by policy size thresholds are contained in the following parts of the plan:

Affordable Housing (Policy H2)

Sport, Open Space and Recreation (Policy INF3 and Appendix A)

Education Provision (Policy INF6 and Appendix B)

Sustainable Transport and Highways (Policy INF7)  

When required?

See above policies and the draft Heads of Terms pro-forma.

On a case by case basis, other policies in the plan may require developer contributions/planning obligations, including but not limited to Policy ENV3: Good Design, ENV4: Biodiversity; ENV5: Green Infrastructure, ENV6: Flood Risk, ENV11: The Leeds & Liverpool Canal and ENV12: Footpaths, Bridleways, Byways and Cycle Routes

What is the validation requirement?

Where relevant to the development proposal, failure to supply a completed and agreed Draft Heads of Terms with the submitted application will result in the application not being validated.

Head of Terms Form