Developments that have an impact on infrastructure (not only transport infrastructure but schools, doctors surgeries, affordable housing, libraries and open space etc) will be required to mitigate those impacts.
Section 106 Agreements
The mechanism for achieving this is by the developer entering into a legal agreement under Section 106 of the Town and Country Planning Act, which sets out a schedule of financial contributions made payable by the developer to the local authority so that they can spend, as agreed, on mitigation measures. If the Section 106 agreement is not complied with, it is enforceable by injunction.
TPP always have their clients best interests at heart. That is why we believe in challenging local planning and highway authorities to agree appropriate financial contributions, which are often significantly lower that the initial sum requested.
Section 278 Agreements
When highway infrastructure is required to, for example, provide access to a proposed development, the developer will enter into a legal agreement with the highway authority to ensure that the infrastructure is constructed to the authority’s satisfaction. This legal agreement is made under Section 278 of the Highways Act 1980 (as amended).
TPP can prepare all of the technical designs required to support the Section 278 agreement. The level of work varies on a case-by-case basis but typically includes a general arrangement plan, any detailed traffic modelling, long-sections, cross-sections, construction details, traffic signal designs, road markings, drainage design, street lighting design, utilities diversions and temporary traffic management measures.
Closures and Stopping-up
Sometimes, developments require changes to existing roads, footpaths and rights of way. Either they require diversion or they may be surplus to requirements as there is a better option available, so need stopping-up. There are several ways in which this can be achieved but usually this is accomplished via the Town and Country Planning Act or The Highways Act.
TPP can assist in facilitating the diversion and/or closure of footpaths, rights of way or roads.
For more information about how Transport Planning Practice can help with any matters relating to planning agreements, please contact us.