Draft Development Contributions SPD - September 2022

(1) 4 TRANSPORT

4.1.1 The levels of growth and development envisaged in the plan will place additional demands on transport and highway networks and planning obligations can be used to mitigate against these effects.

4.1.2 The NPPF asks that transport issues be considered from the earliest stages to allow development impacts to be addressed and so that opportunities to promote more sustainable modes of travel can be identified and pursued.^[17]

4.1.3 Hertfordshire County Council is the local highway authority and has the primary responsibility for providing and maintaining transport infrastructure and some bus services in the District. As a statutory consultee, it is consulted on all applications for which S106, S278 or S38 works or contributions may be required (please see also paragraph 4.2.3 below).

4.1.4 The County Council's Local Transport Plan (LTP4) states that sustainable transport modes such as walking, cycling and improving access to public transport are to be prioritised while working to reduce need for journeys overall. LTP4 is supported by a range of strategies. These are both topic-specific (e.g. rail strategy) and geographically based (e.g. area growth and transport plans). In particular, regard should be had to promoting modal shift as endorsed in LTP4, the Hertfordshire County Council's Highways Design Guide, as well as the management of highway impacts arising from the Local Plan where those impacts would be directly related to the development proposed.

4.1.5 The Local Plan sets out policies that align with LTP4 to ensure that transport provision across the District is sustainable and safe and that negative environmental impacts, such as noise and air pollution, can be avoided or mitigated.

4.1.6 Local Plan Policy T1 Assessment of transport matters requires Transport Statements, Transport Assessments and/or Travel Plans depending on the development type and size. These documents provide an assessment of the likely transport impacts of the development in question. Where impacts cannot be fully mitigated, sustainable transport and highways planning obligations will be sought. This may include contributions towards more strategic projects in accordance with the CIL Regulations.

4.1.7 The Plan is supported by a proposed Transport Strategy. This identifies areas for intervention, recognising that these will be reviewed and refined on an on-going basis.

4.1.8 National Highways is responsible for the Strategic Road Network (i.e. in North Hertfordshire the A1).

4.1.9 It is worth noting that in some instances, private landowners may be responsible where the provision is not on public highway.

4.2 Financial and non-financial obligations

4.2.1 The Council will be guided by the response(s) of Hertfordshire County Council in determining measures required to mitigate transport impacts. The County Council's Guide to Developer Infrastructure Contributions provides an indication of the scale of requests they are likely to make in response to planning application consultations.

4.2.2 (Prospective) applicants should review the relevant strategies and guidance documents, including those listed above, to identify potentially relevant and suitable projects for which contributions may reasonably be sought.

4.2.3 In addition to S106 agreements, Section 278 (S278) agreements can be used as a mechanism to secure highway measures that cannot be addressed through the design of the proposed development. S278 agreements are used when the proposed works relate to the existing highway network, and Section 38 of the Highways Act is used where new highways are to be created and this can be provided by way of commuted sum where necessary. On occasions where the developer is solely responsible for delivering works, a S278 agreement may be used in place of S106, secured by way of Grampian condition. This will only apply to matters relating to timing and delivery, rather than the detail of the works.

4.2.4 Section 278 agreements, Creation Agreements (under S.25 of the Highways Act 1990), Creation Orders (under S.26 of the Highways Act 1990) or whereby landowners expressly dedicate under common law are methods by which Public Rights of Way can be delivered.

4.2.5 The applicant should discuss with the Council and other relevant service providers whether the developer is best placed to deliver the works on-site, or to provide a financial contribution for another party to deliver the infrastructure required.

4.2.6 The cumulative transport impact of development proposals will also be taken into account as set out in the Local Plan, which may mean that smaller schemes may be requested to make appropriate contributions towards schemes which are required to address the combined impacts of future growth.

4.2.7 Non-financial contributions towards sustainable transport may also be required and may include establishing car clubs, providing electric vehicle charging infrastructure, land for Rights of Way improvements, and safe cycle storage. This may be particularly important at transport hubs and interchanges.

4.2.8 Where Travel Plans are required for a development, contributions may be sought for monitoring.