7.1.1

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Object

Draft Planning Obligations SPD

Representation ID: 28527

Received: 11/07/2014

Respondent: Savills

Agent: Savills

Representation Summary:

Section 7
Public art is not reasonably necessary for the grant of planning permission and should be removed from this document. The inclusion of these sorts of obligations place an unnecessary burden on the developer which could seriously threaten the delivery of the objectively assessed housing need and the objectives of the Plan as stated in The NPPG(2014)(Ref ID:23b-004-20140306)

It is therefore strongly advise that the City Council should remove reference to Public Art in Table 1. Public art, whilst possibly desirable, cannot be said to meet the tests in CiL Regulation 122 and cannot therefore be funded through S106. See Details.

Full text:

Section 7
Public art is not reasonably necessary for the grant of planning permission and should be removed from this document. The inclusion of these sorts of obligations place an unnecessary burden on the developer which could seriously threaten the delivery of the objectively assessed housing need and the objectives of the Plan.

The NPPG (2014) specifically refers to public art as

"clearly not necessary to make a development acceptable in planning terms" (NPPG Ref ID:23b-004-20140306).

It is therefore strongly advise that the City Council should remove reference to Public Art in Table 1. Public art, whilst possibly desirable, cannot be said to meet the tests in CiL Regulation 122 and cannot therefore be funded through S106.

Object

Draft Planning Obligations SPD

Representation ID: 28563

Received: 14/07/2014

Respondent: Carter Jonas

Agent: Carter Jonas

Representation Summary:

There is no case for public art being covered in this document. It is not a funding infrastructure project per S216 of the Planning Act 2008 and it is not something that can be secured by planning obligation as confirmed in the NPPG. It is something to be secured via condition as part of the objective of securing high quality development however it must be done by negotiation and not by tariff.

Full text:

There is no case for public art being covered in this document. It is not a funding infrastructure project per S216 of the Planning Act 2008 and it is not something that can be secured by planning obligation as confirmed in the NPPG. It is something to be secured via condition as part of the objective of securing high quality development however it must be done by negotiation and not by tariff.