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Section 106 Planning Viability Priorities

Last updated 21 August 2020


The assessment


A signed version of this EqIA is available to download; please note it may not be accessible for users of assistive technology.

If you require further help please contact us.

The assessment


Economic, Prosperity and Place

New or existing service or policy?


Officer(s) completing the assessment

  1. Service/policy/project: Kate Bailey, Head of Strategic Growth
  2. Completing EqIA: Helen Smith, Spatial Planning Manager

What is the purpose and expected outcomes?

The purpose of the report is to agree the prioritisation of allocating funding achieved through planning obligations across the various elements (such as education, highways and affordable housing) on sites where there is a shortfall in meeting the costs of all obligations following a viability assessment.

Will there be any effect on other Council procedures or strategies e.g. Corporate Plan or the council’s workforce?

Yes, the Corporate Plan priorities are;

  • a safe, clean and green living environment
  • supporting a successful local economy
  • good quality and affordable homes for all

The obligation “asks” could be prioritised based on their contribution to these. On that basis affordable housing and open spaces are likely to be top priorities, or where the development can directly contribute to economic growth.

Are there any statutory requirements or implications?

Planning obligations are enshrined in the s106 of the Town and Country Planning Act 1990. The council currently has a Planning Obligations SPD which outlines when planning obligations apply and the levels they are set at.

Are there any other organisations/bodies involved?


Who are the main customer groups/stakeholders affected?

Developers, Statutory Undertakers, Worcestershire County Council, other public sector agencies.

What information/statistics/evidence are you using?

As part of the Local Plan making process various viability assessments were undertaken. The viability assessments have been undertaken by HDH Planning and Development Ltd and form part of the evidence base for the new Local Plan. A Viability Topic Paper has also been prepared in-house and submitted to the Planning Inspector for the purposes of the Local Plan examination.

What impact does the service/policy/project have on the nine protected characteristics as defined by the Equality Act 2010.

Prior to the Equality Act 2010, there were 3 separate public sector equality duties covering race, disability and gender. The Equality Act 2010 replaced these with a new single equality duty covering the protected characteristics listed below.

Characteristic and definition Impact and evidence

Age - where this is referred to, it refers to a person belonging to a particular age (e.g. 32 year olds) or range of ages (e.g. 18 - 30 year olds).

The policy should have no impact.

Disability – a person has a disability if s/he has a physical or mental impairment which has a substantial and long-term adverse effect on that person's ability to carry out normal day-to-day activities.

The policy should have no impact.

Gender reassignment – the process of transitioning from one gender to another.

The policy should have no impact.

Marriage and civil partnership – marriage is defined as a 'union between a man and a woman'. Same-sex couples can have their relationships legally recognised as 'civil partnerships'. Civil partners must be treated the same as married couples on a wide range of legal matters.

The policy should have no impact.

Pregnancy and maternity – pregnancy is the condition of being pregnant or expecting a baby. Maternity refers to the period after the birth, and is linked to maternity leave in the employment context. In the non-work context, protection against maternity discrimination is for 26 weeks after giving birth, and this includes treating a woman unfavourably because she is breastfeeding.

The policy should have no impact.

Race – it refers to a group of people defined by their race, colour, and nationality (including citizenship) ethnic or national origins.

The policy should have no impact.

Religion and belief – religion has the meaning usually given to it but belief includes religious and philosophical beliefs including lack of belief (e.g. Atheism).

The policy should have no impact.

Sex – a man or a woman.

The policy should have no impact.

Sexual Orientation – whether a person's sexual attraction is towards their own sex, the opposite sex or to both sexes.

The policy should have no impact.


e.g. Deprivation, health inequalities, urban/rural divide, community safety


The policy should enable the provision of more infrastructure and funding which would have positive quality of life impacts.

Health Inequalities:

The policy should enable the provision of more infrastructure and funding which would have positive quality of life impacts.


Is a full assessment required?


Signed: Mike Parker 
Date: 21/08/2020

We will only contact you regarding this feedback.
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