Code of Conduct for RSL Preferred Development Partners

Code of Conduct for RSL Preferred Development Partners


Section 106 (s.106) Code of Conduct for

Registered Social Landlords (RSL) Preferred Development Partners (PDP)



The RSL’s

The partner RSL’s will support HARI’s aims to respond to affordable housing need and will:

  1. Contact Council designated Housing Officer as soon as an approach is made by a developer, well in advance of any applications for funding. RSLs will use the HARI Notification Form as the start of this process.
  2. Authorise Councils to communicate their involvement in a scheme to other partner RSLs who are or have been approached by a developer with regard to the same site. (N.B. No open notification to partners)
  3. Be willing to consider communicating & collaborating with partner PDP’s in relation to s.106 issues.
  4. Work with HARI partners to develop and maintain an ongoing programme of development in the HARI LAs that is delivered within allocated costs and timescales.
  5. Obtain information from Council on any existing planning brief, statements, SPG etc prior to submission of bids to developers.
  6. Generally promote understanding of the Councils planning requirements with developers (see attached s.106 summary).
  7. Provide the designated Housing Officer (when requested) with agreed financial information at the appropriate time to enable issues of affordability and viability to be examined.
  8. Assume nil grant availability for standard* s.106 schemes.
  9. Demonstrate significant additionality or added value to be achieved when grant is available.
  10. Adhere to policies and standards required by the Housing Corporation scheme development standards including Eco Home requirements on standard s.106 sites as well as grant-funded schemes.
  11. Seek to achieve and promote good practice in s.106 negotiations as identified by HARI partners and other agencies.
  12. Play an active role in supporting wider community strategies in order to ensure s.106 housing schemes can successfully integrate and contribute to improving the quality of peoples’ lives.
  13. Provide information required for the monitoring of the HARI PDP agreement.
  14. Meet formally on an annual basis to review performance and compliance with the HARI PDP agreement.
  15. Provide timely updated information to Councils including staff changes, contact details, organisational restructures etc.

The Councils

The partner councils will support HARI’s aims to respond to affordable housing need and will:

  1. Provide property developers, landowners and their agents with information regarding our PDP approach and will provide list of PDP contact details using the LCB Affordable Housing Directory.
  2. Provide support to PDP partners in strategically meeting the housing needs of the HARI LAs. Clarification of “support” is needed.
  3. Provide a leading role in identifying and sharing information on local housing needs.
  4. Provide details of s.106 requirements for requested sites
  5. Only support grant applications to the Housing Corporation from Preferred Development Partners who have signed up to and are operating within the partnership agreements, protocols and frameworks.
  6. Facilitate appropriate meetings with or between partners and Council officers in order to problem solve s.106 negotiating issues.
  7. Keep partners up to date on s.106 requirements, and will seek to secure resources through s.106 agreements by encouraging all parties to work together as soon as possible.
  8. Consult with RSL partners on the development of Housing Strategies and policies as well as developing planning policies and Local Development Framework.
  9. Enable good communication on s.106 issues across Council services including Planning and Legal dept.
  10. Ensure that all S106 agreements require affordable housing to meet the latest edition of the Housing Corporation’s Scheme Development Standards and Eco Home Requirements.
  11. Undertake an annual review of the performance of partner RSLs and the effectiveness of the HARI agreements.
  12. Agree standard information templates with RSLs to ensure information is easily attainable and reduces any duplication.
  13. Work in partnership with other HARI councils as well as other councils in order to gain the best opportunities through regional and sub-regional working for meeting housing needs.
  14. Provide named contact Housing Officer and contact details
  15. Maintain an up to date distribution list of key PDP contacts available to all partners.

* Definition of standard currently defined (as at October 2006) as basic 30% of site affordable and; WBC split of 75% to 25% rent to shared ownership and TRDC split of 80% to 20% rent to shared ownership.