Planning obligations and developer contributions
Planning obligations (also known as Section 106 agreements/obligations) are legal obligations related to planning permissions that require developers to undertake certain works or make financial contributions in order to mitigate the impacts of the development proposed. Planning obligations are most frequently used on residential developments where the new dwellings will lead to additional impacts on local infrastructure and require provision of affordable housing in line with local planning policies. Policy GSP8 of the Local Plan Part 2 sets out the types of infrastructure and facilities which may be secured through planning obligations.
Where planning obligations are required, a Section 106 planning obligations statement including draft head(s) of terms should be submitted with the planning application. More information is available on our local validation checklist.
Most residential developments will need to make a financial contribution towards habitat mitigation in order to meet the requirements of the Conservation of Habitats and Species Regulations 2017. More detail on these requirements can be found on the habitats regulations assessment guidance and forms page.
Norfolk County Council's planning obligations page details their likely requirements for planning obligations.
Infrastructure Funding Statement
Regulation 121A of the Community Infrastructure Levy (CIL) Regulations 2019, requires any "contribution receiving authority" to publish an Infrastructure Funding Statement. The Infrastructure Funding Statement sets out how the amount of developer contributions secured through planning obligations and the amount spent on delivering infrastructure. Great Yarmouth only reports on the obligations it has secured. Norfolk County Council also secure obligations from developments permitted in Great Yarmouth. These are reported in Norfolk County Council's Infrastructure Funding Statement.
The Infrastructure Funding Statement for previous years have been published in the Council's Annual monitoring report.
The Infrastructure Funding Statement for year ending 2022 can be viewed on the Infrastructure funding statement page.
Spending of developer contributions on public open space
The Council has had planning policies in place for many years which require developers of new housing developments to provide new open space on-site or make financial contributions towards the provision of open space off-site. The most recent incarnation of that policy is Policy H4 in the Council's Local Plan Part 2.
Most contributions received are from small-scale development and as such are pooled to create larger funds which can then deliver improvements to open spaces.
Each year the Council will invite bids and ideas from Parish Councils, sports groups, and other community groups, for the spending of this money, in line with the priorities identified in the Open Space Needs Assessment and the Playing pitch and outdoor sports strategy .
Between 16 January and 7 April 2023 the Council is inviting bids and project ideas from these groups. For details on how to put forward a project, please contact the Strategic Planning team.
|Area||Type of open space||Sum available||Funds include an element of up to 40% to be spent on ongoing maintenance depending on the nature of the project|
|Bradwell||All types of open space||£117,219||No|
|Caister and Ormesby St Margaret||All types of open space||£140,023||Yes|
|Gorleston||All types of open space within Gorleston (originating from development in St Andrews ward)||£30,864||Yes|
|Sports Equipment and Play Equipment with five kilometres of former Claydon High School site (Mayflower Way) (Claydon Ward)||£115,659||Yes|
|All types of open space within the locality of Burgh Road (Claydon Ward)||£4,599|
|All types of open space within the locality of Magdalen Square (Magdalen Ward)||£56,041||Yes|
|Great Yarmouth||All types of open space (originating from development in Central and Northgate Ward)||£96,699||Yes|
|All types of open space within the locality of Southtown (Southtown and Cobholm Ward)||£33,779||No|
|All types of open space within the locality of Cobholm (Southtown and Cobholm Ward)||£626.86||No|
|All types of open space within the locality of Hall Quay (Central and Northgate Ward)||£11,235||Yes|
|All types of open space within the locality of Marine Parade (Nelson Ward)||£16,509||Yes|
|Hopton||All types of open space||£29,470||No|
|Martham||All types of open space||£30,792||Yes|
|Ormesby St. Margaret||All types of open space||£5,936||No|
|Rollesby||All types of open space||£14,119||Yes|