Purpose

Purpose
 
The
purpose of this decision is to consider the latest version of the
Greater Cambridge Planning Obligations Supplementary Planning
Document (SPD) and come to an agreed decision for it to proceed to
consultation. The aim of the Greater Cambridge Planning Obligations
SPD is to provide guidance on how the Councils seek to apply
planning obligations, through the Section 106 process, to new
development proposals. It will supplement Policy 85: Infrastructure
delivery, planning obligations and the Community Infrastructure
Levy of the Cambridge Local Plan 2018 and Policy TI/8:
Infrastructure and New Developments of the South Cambridgeshire
Local Plan 2018, alongside other policies within the adopted
development plans that seek to mitigate the impacts of development
or secure infrastructure necessary to support the needs generated
by proposed developments.
 
Background

 
Following on from the first draft of the Greater Cambridge
Planning Obligations SPD that went out to consultation between
November 2024 to January 2025. The results of the consultation were
taken to
South Cambridgeshire District Council Cabinet meeting and the

Cambridge City Council Planning and Transport Scrutiny Committee
meeting in March 2025. It was agreed at both meetings that
subject to the draft Planning Obligations SPD providing additional
evidence and a decision being made by the Lead Cabinet Member for
Planning at South Cambridgeshire District Council and the Cabinet
Member for Planning and Transport at Cambridge City Council, on the
revisions made to the SPD, that it could then proceed to an
additional round of public consultation in summer 2025.
 
Following on from the South Cambridgeshire District Council
(SCDC) Cabinet meeting and Cambridge City Council (CCC) Planning
and Transport Scrutiny Committee meeting that were held in March
2025, the Councils have now processed all 198 representations
received during the first consultations and have made changes to
the SPD to address the matters raised as detailed in the
consultation statement (see Appendix 3). Relevant services from
across the Councils were re-consulted during the preparation of the
SPD to assist with responding to the representations made and to
ensure that sections remained up to date. The Councils have
provided in Appendix 4 a track change version of the SPD which
shows the changes proposed to the SPD.
 
Alongside the Planning Obligations SPD, a Planning Obligations
SPD Costing Update paper will be published. At the time of the
previous consultation this paper was still being produced and
therefore could not be published alongside the SPD. The Planning
Obligations SPD Costing Update paper was produced by AtkinsRealis
as part of their commission in preparation of the emerging Greater
Cambridge Local Plan Infrastructure Delivery Plan (IDP) and was
completed in July 2025. The Costings paper provides an update on
the costs of specific infrastructure provision – namely, open
space, green infrastructure, indoor and outdoor sports facilities,
playgrounds, and community buildings. These costs replace those
previously relied upon from within the CCC Planning Obligations
Strategy SPD (March 2010, updated 2023) and the approaches used by
SCDC, including the Open Space in New Developments SPD (2009). Each
section of the Planning Obligations SPD Costing Update paper
provides evidence to support the updated costs, including setting
out, in the respective sections, the approach taken to calculate
these for each facility/typology (see Appendix 5). These costs have
now been incorporated in the Planning Obligations SPD.
 
The
Planning Obligations SPD forms part of a wider project the Greater
Cambridge Shared Planning Service are undertaking to improve and
speed up the Section 106 process. It has been prepared
to:

·      
Improve transparency and clarity of the S106 process
for communities and for those interested in development.

·      
Aid the smooth functioning of the planning
application process by making developers and landowners aware of
the procedures for securing planning obligations, including the
provision of affordable housing;

·      
Clarify the types of planning obligations that may
be sought depending on the nature of the development proposal and
site circumstances;

·      
Clarify the relationship between planning
obligations and planning conditions; and

·      
Help to deliver good quality sustainable growth
across the Greater Cambridge area that accords with the policies
and requirements of the adopted Development Plans.
 
The
Planning Obligations SPD will be a material consideration in the
determination of planning applications. The SPD does not introduce
new planning policy but seeks to give effect to existing
development plan policies. The guidance in the SPD is consistent
with the National Planning Policy Framework (NPPF), National
Planning Practice Guidance (NPPG) and policies in the adopted
Development Plans for Greater Cambridge. The SPD outlines the
relevant policy requirements set out in the Development Plans, and
the types of obligations likely to arise as a result of applying
these local planning policies. In the Planning Obligations SPD, the
process of negotiating, preparing, and completing a S106 agreement
is also outlined.
The SPD
is split into chapters that set out specific types of
infrastructure or obligations that may need to be secured in line
with adopted local planning policies. The types of infrastructure
or mitigation applicable is dependent on the land use proposed
(residential, commercial, mixed-used), the scale of development
proposed, the location of development, and its impacts
(environmental, economic, social) both on the immediate and wider
area. In this respect, the SPD makes very clear that each planning
application will be assessed on its merits and only those
obligations applicable to the development proposed will be of
relevance.
 
Implications
 
In the
writing of this report consideration was given to the following
implications:

A)   
Financial

B)   
Legal

C)   
Equality and socio-economic implications

D)   
Net Zero Carbon, Climate Change and Environmental
Implications

E)   
Procurement Implications

F)   
Community Safety Implications
 
A)
Financial Implications
The SPD
seeks to provide guidance on how planning obligations will be
addressed, which will have financial implications. The guidance
provided within the Greater Cambridge Planning Obligations SPD will
help to ensure that the process of securing planning obligations as
part of development will be resource efficient.
 
B)
Legal Implications
To
ensure the SPD remains robust, Officers had sought appropriate
legal advice form 3C Legal when revising the SPD. The Councils
alongside 3C Legal believe that we have responded to comments
recieved to the first consultation appropriately and that the
document is ready to be consulted.
 
C)
Equalities and socio-economic implications
There
are no specific implications of this review. The Greater Cambridge
Planning Obligations SPD has been informed by an Equality Impact
Assessment (EqIA).
 
D) Net
Zero Carbon, Climate Change and Environmental
Implications
The SPD
would seek to secure climate change related mitigation measures
from new developments, supporting matters like recycling,
sustainable transport, food security, and biodiversity. These could
be judged as medium positive.  
 
E)
Procurement Implications
There
are no procurement implications arising from the report.
 
F)
Community Safety Implications
There
are no community safety implications arising from the
report.

Content

That
the Lead Cabinet Member for Planning having consulted with the
Joint Director, agrees:
 

a.    
To agree that the Draft Planning Obligations
Supplementary Planning Document (Appendix 1 of this decision) and
accompanying Equalities Impact Assessment (EqIA) (Appendix 2) can
proceed to a re-consultation in August 2025.

 

b.    
Agree that the preparation of materials and the
running of the consultation be delegated to the Joint Director of
Planning.

Reasons for the decision

The
Draft Planning Obligations SPD was modified ahead of this proposed
consultation. Having previously consulted on the document the
Councils are of an agreed decision that SPD in its current form
meets National Legisltation and reflect most up to date guidance
surrounding the S106 process. Having conducted the relevant legal
checks with 3C Legal, the document is now ready to go out to a
public consultation.

Alternative options considered

Option
1: Not progressing with the draft Planning Obligations SPD and
continuing to use the Cambridge City Council Planning Obligations
Stategy (2010) and parts of the South
Cambridge Open Space in New Development SPD (2009) when securing
planning obligations.
 
Option
2: Adopting the Draft SPD that was consulted upon in November 2024,
taking account of the comments recieved.
 
Option
3: Reconsulting on an updated Draft Planning Obligations
SPD.
 
Officers have concluded that Option 3 should be followed as
there is a clear need for updated guidance in respect of the use,
approach, policies and procedures taken by Cambridge City Council
and South Cambridgeshire District Council to support developers and
landowners when preparing and completing a s106 planning
obligation. Further, reconsultation
ensures that the scope of legal challenge on the adpotion and application of the SPD is
reduced.