Section 106 (s.106) Code of Conduct for
Registered Social Landlords (RSL) Preferred Development Partners (PDP)
The partner RSL’s will support HARI’s aims to respond to affordable housing need and will:
- 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.
- 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)
- Be willing to consider communicating & collaborating with partner PDP’s in relation to s.106 issues.
- 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.
- Obtain information from Council on any existing planning brief, statements, SPG etc prior to submission of bids to developers.
- Generally promote understanding of the Councils planning requirements with developers (see attached s.106 summary).
- 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.
- Assume nil grant availability for standard* s.106 schemes.
- Demonstrate significant additionality or added value to be achieved when grant is available.
- 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.
- Seek to achieve and promote good practice in s.106 negotiations as identified by HARI partners and other agencies.
- 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.
- Provide information required for the monitoring of the HARI PDP agreement.
- Meet formally on an annual basis to review performance and compliance with the HARI PDP agreement.
- Provide timely updated information to Councils including staff changes, contact details, organisational restructures etc.
The partner councils will support HARI’s aims to respond to affordable housing need and will:
- 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.
- Provide support to PDP partners in strategically meeting the housing needs of the HARI LAs. Clarification of “support” is needed.
- Provide a leading role in identifying and sharing information on local housing needs.
- Provide details of s.106 requirements for requested sites
- 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.
- Facilitate appropriate meetings with or between partners and Council officers in order to problem solve s.106 negotiating issues.
- 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.
- Consult with RSL partners on the development of Housing Strategies and policies as well as developing planning policies and Local Development Framework.
- Enable good communication on s.106 issues across Council services including Planning and Legal dept.
- 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.
- Undertake an annual review of the performance of partner RSLs and the effectiveness of the HARI agreements.
- Agree standard information templates with RSLs to ensure information is easily attainable and reduces any duplication.
- 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.
- Provide named contact Housing Officer and contact details
- 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.