The Minister for the Environment has adopted new guidance 'Supplementary Planning Guidance: advice note, Planning Obligation Agreements (July 2017)', replacing 'Planning Obligation Agreements Practice Note:13 The use of planning obligations (August 2008)'. The new guidance reflects the requirements of the Revised 2011 Island Plan and provides a framework for decision making in such cases where a Planning Obligation Agreement is required.
Planning obligation agreements
Planning obligations are legal agreements between a developer and the Minister for the Environment. They are made in order to ensure that the implications of new development are balanced by the provision of necessary infrastructure and services, the cost of which will be met by the developer. It may require a developer to carry out certain works or make a capital contribution which reflects the implications of new development and may include the following provisions:
- support for travel and transport
- mitigation of environmental issues
- support for the community
'On site' and 'off site'
Planning obligations are used when planning conditions are not appropriate or are not capable of being applied. They are used 'on site' and 'off site'. 'On site' is within the boundary of the land which may be the subject of a development application and 'off site' is on land which lies outside the boundary of the site which is the subject of an application.
Planning obligation agreements - SPG advice note (July 2017)