Wallington Neighbourhood Plan 2022 - 2031 Submission Version June 2023

10 Infrastructure improvements and provision

10.1 The Parish Council is keen to influence the way in which any developer contributions or other funds are spent in the neighbourhood area to the full extent of its powers under national legislation and planning guidance.

10.2 There are different types of contributions arising from section 106 agreements, section 278 agreements and the Community Infrastructure Levy (CIL):

• A section 106 agreement (based on that section of the 1990 Town & Country Planning Act) or planning obligation is a private agreement made between local authorities and developers and can be attached to a planning permission to make acceptable a development which would otherwise be unacceptable in planning terms.
• A section 278 agreement refers to a section of the Highways Act 1980 that allows developers to enter into a legal agreement with the local authority to make alterations or improvements to an existing public highway as part of a planning application.
• The Community Infrastructure Levy (CIL) is a non-negotiable charge on development based on a fixed rate per square metre of net additional development on a site. It is levied by the District Council, although NHDC has agreed not to pursue it for the time being, so it is not yet applicable to development in Wallington. If it were to be introduced, different charge rates would apply for different types of uses and in different areas. The resulting funds could be put towards the provision, improvement, replacement or maintenance of infrastructure required to support development in the area. With a 'made' (adopted) Neighbourhood Plan, the local community would benefit from an uplift in the level of CIL received, from 15% (capped at £100 per existing property) to an uncapped 25% of CIL receipts from the Wallington Neighbourhood Area.

10.3 An additional action therefore is for the Parish Council to set out a Spending Priority Schedule for developer contributions and other funds available to the parish to be spent on. There will be a commitment within this to ensuring that any developer contributions (as defined above) are used within the parish as far as possible to benefit the community hosting the development and to mitigate impacts of that development.

10.4 The Parish Council will regularly review its spending priorities. Any proposed changes to spending principles or priorities will be published for comment by the community and other interested parties. Once finalised, any updated list will be published on the Parish Council website and in relevant literature.