Scott Cooper

2nd April 2015

SUBJECT:EnvironmentalInformation Request
DearMr Cooper

I refer to your request for information dated 8th March 2015 and your clarification of 18th March 2015.We should advise that we are providing our response under Environmental Information Regulations 2004(EIR). The appropriate regime for information that is “environmental” is the EIR. Environmental information is defined by regulation 2 of the EIR. Briefly, subparagraph 2(1)(a) of the EIR defines environmental information as material on the state of the elements of the environment including the land and landscape. Subparagraph 2(1)(c) extends this definition to include information on measures such as policies, legislation, plans and activities affecting or likely to affect the elements described in paragraph 2(1)(a) as well as measures and activities designed to protect those elements.Please find your questions and our response below.

1. In the Financial year ending April 2015 what is the total amount of (section 106) planning fees waived (in pound sterling) which would have been due to Salford City Council/Urban Vision

When determining planning applications for new development, the city council has to weigh up a broad range of considerations to ensure that the development would be acceptable. One of these considerations is whether the development would generate a need for new or improved infrastructure, services or facilities. Section 106 (or planning obligations) is one mechanism for ensuring such need is met.

The council has three adopted planning documents that determine the type and scale of planning obligations that maybe required from new development, they include the Planning Obligations Supplementary Planning Document, the Education Contributions Supplementary Planning Document and the Housing Planning Guidance.

Section 106 contributions are only payable if the infrastructure, services or facilities required under Salford’s planning policies are not provided on the site of the development. However, public realm or open space may be provided on site or adjacent to a site, which is then discounted from any S106 calculation.

Government guidance on how all councils approach development viability is clear. New development should not be subject to such a scale of obligations and policy burdens that their ability to be developed viably is threatened. The means that national policy dictates that that all councils, including Salford, have to take the viability of any development into account. Salford’s planning policies are required to be compliant with national policy.

Where development viability is a factor, the city council requires the submission of appropriate viability evidence of the likely impacts of planning obligations on a proposed development. This evidence is then independently assessed to determine whether a development can support such obligations. Any decisions made by the city council to reduce Section 106 contributions are taken in light of independently assessed evidence and national guidance. Section 106 contributions are therefore not “waived” by the city council.

Where the city council accepts that a development would not be built should Section 106 contributions be sought, a ‘claw back’ mechanism will be included within a Section 106 agreement. This mechanism allows the viability of the development to be reassessed at a later stage, for example when the development has been built. In the event that the viability of the development improves, Section 106 contributions may become payable.

Information on individual planning applications, including where viability has been a factor over a three year period, is publicly available on the city councils webpages via reports submitted to the Planning and Transportation Regulatory Panel. Access to these reports can be found via

For example please see Agenda attached for 19th Feb 2015. At page 68 the issue of planning obligations are explored.

2. For the same financial year the amount of s106 fees (planning fees) which have been paid to Salford City Council/Urban Vision

£1,524,298.64 has been paid to date.

The council considers it has fulfilled your Environmental Information request. If you are dissatisfied with the way your request has been handled, or wish to appeal this decision, you may wish to contact David Hunter, Assistant Director, ICT, Customer and Support Services Directorate; email:

Details of how to lodge an appeal can be found at

If you are still dissatisfied following any internal appeal, you may wish to contact the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF -

Tel: 0303 123 1113 (local rate) or 01625 545 745

Yours sincerely

Carolyn Haslam

Information Governance Team

Civic Centre

Chorley Road

Swinton

M27 5BY