Scoping Report for the Wyre Forest Planning Obligations SPD
Introduction
The Wyre Forest District’s Planning Obligations Supplementary Planning Document (SPD) provides more detailed advice on the S106 Planning Obligations that would be required as part of new developments and discusses the various triggers to when a planning obligation is required. It is aimed at applicants, developers, statutory consultees and Planning Officers.
We are inviting your comments on this Scoping Report to help us identify any planning issues that need to be addressed through the Planning Obligations SPD for Wyre Forest District and would appreciate a response by 5 pm on Friday 7th February 2025. All comments should be sent to planning.policy@wyreforestdc.gov.uk with the subject title ‘Planning Obligations SPD Scoping Comments’.
What is a SPD
SPDs build upon and provide more detailed guidance about policies in the Local Plan. Legally, they do not form part of the Local Plan itself, and they are not subject to independent examination but they can be accorded significant weight as a material planning consideration in the determination of planning applications, providing a tool in the interpretation and application of policy.
It is intended that this SPD will stand as an updated version of the existing Wyre Forest Planning Obligations SPD (adopted 2016) focusing on matters of Planning Obligations and how they should be addressed through the development planning process in the district.
Policy Context
National and Local Policy
National Planning Policy Framework (NPPF) https://www.gov.uk/government/publications/national-planning-policy-framework--2 The NPPF sets out how Government Planning Policy should be applied. It requires each council to have robust and comprehensive policies across a broad range of areas to support the delivery of high-quality sustainable and inclusive development. Supplementary planning documents are capable of being a material consideration in planning decisions but are not part of the development plan.
Since the existing Planning Obligations SPD was adopted in September 2016, Wyre Forest District Council have adopted their Local Plan in April 2022. The Local Plan is essential in order to successfully plan for development and to enable the Council to make good decisions on planning applications.
There have also been considerable changes within biodiversity requirements.
In England, BNG became mandatory from 12 February 2024 under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021).
In practice, this means that developers must deliver a Biodiversity Net Gain of 10%, which is intended to result in the site including more or better-quality natural habitat than before development was implemented.
Biodiversity Net Gain Monitoring fees are relevant to Planning Obligations. The Biodiversity Monitoring fee has increased to £750 per biodiversity unit. Furthermore, there is now a requirement to monitor the BNG site for a period of 30 years. This could also trigger ongoing legal support costs for developments that do not effectively deliver their BNG requirements.
In light of the above changes and considering that the existing Planning Obligations SPD was adopted in 2016, this has created a requirement for an updated SPD.
Sustainability Appraisal and Strategic Environmental Assessment
National Planning Policy indicates that a Sustainability Appraisal (SA) and Strategic Environmental Assessment (SEA) are not required for an SPD unless it is considered that there are likely to be significant environmental effects or exceptional circumstances.
This SPD builds upon policies in the adopted Local Plan for Wyre Forest, all of which have been subject to SA and SEA and detailed scrutiny at the Examination. If you believe an SEA is required, please set out what the exceptional circumstances are requiring one to be undertaken as part of your response.
Topics Covered by the Planning Obligations SPD
Planning obligations should only be used where it is not possible to address unacceptable impacts through a planning condition. The SPD will help to clarify the site specific or local circumstances when Planning Obligations are to be used in Wyre Forest District.
It is proposed that Planning Obligations will cover three types of infrastructure:
- Physical Infrastructure: Transport impact mitigation and travel plans
- Social Infrastructure: Public open space, outdoor amenity space and children’s play space requirements, community, health and educational facilities
- Environmental Infrastructure: Environmental requirements in relation to air quality, noise, pollution, biodiversity and flood alleviation.
There may be other instances where Planning Obligations that have not been considered by the SPD are required. These will be considered on a case-by-case basis.
The Revised Planning Obligations SPD will bring the existing SPD up-to-date and will set out how Planning Obligations will operate in relation to the types of infrastructure set out above.
It is important that the SPD also considers the following:
- The revised policy context for Planning Obligations.
- The relationship between Planning Obligations and CIL.
- The process for securing Planning Obligations
- How the District Council monitor Planning Obligations
Timetable for production
Process |
Date |
---|---|
Scoping Report Consultation |
January – February 2025 |
Preparation of The SPD |
February 2025 – April 2025 |
Cabinet |
08/04/2025 |
Consultation Period |
9th April – 6th May 2025 |
Preparation of Final SPD |
May – June 2025 |
Adoption |
June 2025 |