Decision
URL: https://scambs.moderngov.co.uk/ieDecisionDetails.aspx?ID=12827
Decision Maker: Lead Cabinet member for Planning
Outcome:
Is Key Decision?: Yes
Is Callable In?: Yes
Purpose: Purpose The purpose of this decision is to consider the latest version of the Greater Cambridge Planning Obligations Supplementary Planning Document (SPD) and come to an agreed decision for it to proceed to consultation. The aim of the Greater Cambridge Planning Obligations SPD is to provide guidance on how the Councils seek to apply planning obligations, through the Section 106 process, to new development proposals. It will supplement Policy 85: Infrastructure delivery, planning obligations and the Community Infrastructure Levy of the Cambridge Local Plan 2018 and Policy TI/8: Infrastructure and New Developments of the South Cambridgeshire Local Plan 2018, alongside other policies within the adopted development plans that seek to mitigate the impacts of development or secure infrastructure necessary to support the needs generated by proposed developments. Background Following on from the first draft of the Greater Cambridge Planning Obligations SPD that went out to consultation between November 2024 to January 2025. The results of the consultation were taken to South Cambridgeshire District Council Cabinet meeting and the Cambridge City Council Planning and Transport Scrutiny Committee meeting in March 2025. It was agreed at both meetings that subject to the draft Planning Obligations SPD providing additional evidence and a decision being made by the Lead Cabinet Member for Planning at South Cambridgeshire District Council and the Cabinet Member for Planning and Transport at Cambridge City Council, on the revisions made to the SPD, that it could then proceed to an additional round of public consultation in summer 2025. Following on from the South Cambridgeshire District Council (SCDC) Cabinet meeting and Cambridge City Council (CCC) Planning and Transport Scrutiny Committee meeting that were held in March 2025, the Councils have now processed all 198 representations received during the first consultations and have made changes to the SPD to address the matters raised as detailed in the consultation statement (see Appendix 3). Relevant services from across the Councils were re-consulted during the preparation of the SPD to assist with responding to the representations made and to ensure that sections remained up to date. The Councils have provided in Appendix 4 a track change version of the SPD which shows the changes proposed to the SPD. Alongside the Planning Obligations SPD, a Planning Obligations SPD Costing Update paper will be published. At the time of the previous consultation this paper was still being produced and therefore could not be published alongside the SPD. The Planning Obligations SPD Costing Update paper was produced by AtkinsRealis as part of their commission in preparation of the emerging Greater Cambridge Local Plan Infrastructure Delivery Plan (IDP) and was completed in July 2025. The Costings paper provides an update on the costs of specific infrastructure provision – namely, open space, green infrastructure, indoor and outdoor sports facilities, playgrounds, and community buildings. These costs replace those previously relied upon from within the CCC Planning Obligations Strategy SPD (March 2010, updated 2023) and the approaches used by SCDC, including the Open Space in New Developments SPD (2009). Each section of the Planning Obligations SPD Costing Update paper provides evidence to support the updated costs, including setting out, in the respective sections, the approach taken to calculate these for each facility/typology (see Appendix 5). These costs have now been incorporated in the Planning Obligations SPD. The Planning Obligations SPD forms part of a wider project the Greater Cambridge Shared Planning Service are undertaking to improve and speed up the Section 106 process. It has been prepared to: · Improve transparency and clarity of the S106 process for communities and for those interested in development. · Aid the smooth functioning of the planning application process by making developers and landowners aware of the procedures for securing planning obligations, including the provision of affordable housing; · Clarify the types of planning obligations that may be sought depending on the nature of the development proposal and site circumstances; · Clarify the relationship between planning obligations and planning conditions; and · Help to deliver good quality sustainable growth across the Greater Cambridge area that accords with the policies and requirements of the adopted Development Plans. The Planning Obligations SPD will be a material consideration in the determination of planning applications. The SPD does not introduce new planning policy but seeks to give effect to existing development plan policies. The guidance in the SPD is consistent with the National Planning Policy Framework (NPPF), National Planning Practice Guidance (NPPG) and policies in the adopted Development Plans for Greater Cambridge. The SPD outlines the relevant policy requirements set out in the Development Plans, and the types of obligations likely to arise as a result of applying these local planning policies. In the Planning Obligations SPD, the process of negotiating, preparing, and completing a S106 agreement is also outlined. The SPD is split into chapters that set out specific types of infrastructure or obligations that may need to be secured in line with adopted local planning policies. The types of infrastructure or mitigation applicable is dependent on the land use proposed (residential, commercial, mixed-used), the scale of development proposed, the location of development, and its impacts (environmental, economic, social) both on the immediate and wider area. In this respect, the SPD makes very clear that each planning application will be assessed on its merits and only those obligations applicable to the development proposed will be of relevance. Implications In the writing of this report consideration was given to the following implications: A) Financial B) Legal C) Equality and socio-economic implications D) Net Zero Carbon, Climate Change and Environmental Implications E) Procurement Implications F) Community Safety Implications A) Financial Implications The SPD seeks to provide guidance on how planning obligations will be addressed, which will have financial implications. The guidance provided within the Greater Cambridge Planning Obligations SPD will help to ensure that the process of securing planning obligations as part of development will be resource efficient. B) Legal Implications To ensure the SPD remains robust, Officers had sought appropriate legal advice form 3C Legal when revising the SPD. The Councils alongside 3C Legal believe that we have responded to comments recieved to the first consultation appropriately and that the document is ready to be consulted. C) Equalities and socio-economic implications There are no specific implications of this review. The Greater Cambridge Planning Obligations SPD has been informed by an Equality Impact Assessment (EqIA). D) Net Zero Carbon, Climate Change and Environmental Implications The SPD would seek to secure climate change related mitigation measures from new developments, supporting matters like recycling, sustainable transport, food security, and biodiversity. These could be judged as medium positive. E) Procurement Implications There are no procurement implications arising from the report. F) Community Safety Implications There are no community safety implications arising from the report.
Content: Purpose The purpose of this decision is to consider the latest version of the Greater Cambridge Planning Obligations Supplementary Planning Document (SPD) and come to an agreed decision for it to proceed to consultation. The aim of the Greater Cambridge Planning Obligations SPD is to provide guidance on how the Councils seek to apply planning obligations, through the Section 106 process, to new development proposals. It will supplement Policy 85: Infrastructure delivery, planning obligations and the Community Infrastructure Levy of the Cambridge Local Plan 2018 and Policy TI/8: Infrastructure and New Developments of the South Cambridgeshire Local Plan 2018, alongside other policies within the adopted development plans that seek to mitigate the impacts of development or secure infrastructure necessary to support the needs generated by proposed developments. Background Following on from the first draft of the Greater Cambridge Planning Obligations SPD that went out to consultation between November 2024 to January 2025. The results of the consultation were taken to South Cambridgeshire District Council Cabinet meeting and the Cambridge City Council Planning and Transport Scrutiny Committee meeting in March 2025. It was agreed at both meetings that subject to the draft Planning Obligations SPD providing additional evidence and a decision being made by the Lead Cabinet Member for Planning at South Cambridgeshire District Council and the Cabinet Member for Planning and Transport at Cambridge City Council, on the revisions made to the SPD, that it could then proceed to an additional round of public consultation in summer 2025. Following on from the South Cambridgeshire District Council (SCDC) Cabinet meeting and Cambridge City Council (CCC) Planning and Transport Scrutiny Committee meeting that were held in March 2025, the Councils have now processed all 198 representations received during the first consultations and have made changes to the SPD to address the matters raised as detailed in the consultation statement (see Appendix 3). Relevant services from across the Councils were re-consulted during the preparation of the SPD to assist with responding to the representations made and to ensure that sections remained up to date. The Councils have provided in Appendix 4 a track change version of the SPD which shows the changes proposed to the SPD. Alongside the Planning Obligations SPD, a Planning Obligations SPD Costing Update paper will be published. At the time of the previous consultation this paper was still being produced and therefore could not be published alongside the SPD. The Planning Obligations SPD Costing Update paper was produced by AtkinsRealis as part of their commission in preparation of the emerging Greater Cambridge Local Plan Infrastructure Delivery Plan (IDP) and was completed in July 2025. The Costings paper provides an update on the costs of specific infrastructure provision – namely, open space, green infrastructure, indoor and outdoor sports facilities, playgrounds, and community buildings. These costs replace those previously relied upon from within the CCC Planning Obligations Strategy SPD (March 2010, updated 2023) and the approaches used by SCDC, including the Open Space in New Developments SPD (2009). Each section of the Planning Obligations SPD Costing Update paper provides evidence to support the updated costs, including setting out, in the respective sections, the approach taken to calculate these for each facility/typology (see Appendix 5). These costs have now been incorporated in the Planning Obligations SPD. The Planning Obligations SPD forms part of a wider project the Greater Cambridge Shared Planning Service are undertaking to improve and speed up the Section 106 process. It has been prepared to: · Improve transparency and clarity of the S106 process for communities and for those interested in development. · Aid the smooth functioning of the planning application process by making developers and landowners aware of the procedures for securing planning obligations, including the provision of affordable housing; · Clarify the types of planning obligations that may be sought depending on the nature of the development proposal and site circumstances; · Clarify the relationship between planning obligations and planning conditions; and · Help to deliver good quality sustainable growth across the Greater Cambridge area that accords with the policies and requirements of the adopted Development Plans. The Planning Obligations SPD will be a material consideration in the determination of planning applications. The SPD does not introduce new planning policy but seeks to give effect to existing development plan policies. The guidance in the SPD is consistent with the National Planning Policy Framework (NPPF), National Planning Practice Guidance (NPPG) and policies in the adopted Development Plans for Greater Cambridge. The SPD outlines the relevant policy requirements set out in the Development Plans, and the types of obligations likely to arise as a result of applying these local planning policies. In the Planning Obligations SPD, the process of negotiating, preparing, and completing a S106 agreement is also outlined. The SPD is split into chapters that set out specific types of infrastructure or obligations that may need to be secured in line with adopted local planning policies. The types of infrastructure or mitigation applicable is dependent on the land use proposed (residential, commercial, mixed-used), the scale of development proposed, the location of development, and its impacts (environmental, economic, social) both on the immediate and wider area. In this respect, the SPD makes very clear that each planning application will be assessed on its merits and only those obligations applicable to the development proposed will be of relevance. Implications In the writing of this report consideration was given to the following implications: A) Financial B) Legal C) Equality and socio-economic implications D) Net Zero Carbon, Climate Change and Environmental Implications E) Procurement Implications F) Community Safety Implications A) Financial Implications The SPD seeks to provide guidance on how planning obligations will be addressed, which will have financial implications. The guidance provided within the Greater Cambridge Planning Obligations SPD will help to ensure that the process of securing planning obligations as part of development will be resource efficient. B) Legal Implications To ensure the SPD remains robust, Officers had sought appropriate legal advice form 3C Legal when revising the SPD. The Councils alongside 3C Legal believe that we have responded to comments recieved to the first consultation appropriately and that the document is ready to be consulted. C) Equalities and socio-economic implications There are no specific implications of this review. The Greater Cambridge Planning Obligations SPD has been informed by an Equality Impact Assessment (EqIA). D) Net Zero Carbon, Climate Change and Environmental Implications The SPD would seek to secure climate change related mitigation measures from new developments, supporting matters like recycling, sustainable transport, food security, and biodiversity. These could be judged as medium positive. E) Procurement Implications There are no procurement implications arising from the report. F) Community Safety Implications There are no community safety implications arising from the report. That the Lead Cabinet Member for Planning having consulted with the Joint Director, agrees: a. To agree that the Draft Planning Obligations Supplementary Planning Document (Appendix 1 of this decision) and accompanying Equalities Impact Assessment (EqIA) (Appendix 2) can proceed to a re-consultation in August 2025. b. Agree that the preparation of materials and the running of the consultation be delegated to the Joint Director of Planning. The Draft Planning Obligations SPD was modified ahead of this proposed consultation. Having previously consulted on the document the Councils are of an agreed decision that SPD in its current form meets National Legisltation and reflect most up to date guidance surrounding the S106 process. Having conducted the relevant legal checks with 3C Legal, the document is now ready to go out to a public consultation. Option 1: Not progressing with the draft Planning Obligations SPD and continuing to use the Cambridge City Council Planning Obligations Stategy (2010) and parts of the South Cambridge Open Space in New Development SPD (2009) when securing planning obligations. Option 2: Adopting the Draft SPD that was consulted upon in November 2024, taking account of the comments recieved. Option 3: Reconsulting on an updated Draft Planning Obligations SPD. Officers have concluded that Option 3 should be followed as there is a clear need for updated guidance in respect of the use, approach, policies and procedures taken by Cambridge City Council and South Cambridgeshire District Council to support developers and landowners when preparing and completing a s106 planning obligation. Further, reconsultation ensures that the scope of legal challenge on the adpotion and application of the SPD is reduced.
Date of Decision: August 12, 2025