A27 Chichester Bypass Mitigation Supplementary Planning Document - August 2023

(1) Policy Framework

(3) National Policy and Guidance

3.1 Section 106 of the Town and Country Planning Act 1990 (as amended) sets out the legislative background against which Planning Obligations may be sought. In addition, Regulation 122 of the Community Infrastructure Levy (CIL) Regulations 2010 (as amended) restricts the use of Planning Obligations to certain circumstances by setting out the three tests that must be satisfied in order for obligations to be required in respect of development proposals. Under Regulation 122 a Planning Obligation must be:

1. necessary to make the development acceptable in planning terms;
2. directly related to the development; and
3. fairly and reasonably related in scale and kind to the development.

3.2 Paragraphs 55 to 58 of the National Planning Policy Framework (NPPF) (2021) set out Government policy in relation to Planning Obligations. Further guidance is provided by the Planning Practice Guidance (PPG). This states that policies for Planning Obligations should be set out in plans and examined in public and that such policies should be informed by evidence of infrastructure and affordable housing need, and a proportionate assessment of viability.^[4] In the case of the contributions guidance set out within this document, the Local Plan policies underpinning the guidance are set out below. The contributions being sought have been informed by up-to-date infrastructure evidence and by up-to-date and proportionate local plan viability testing. The need for a significant increase in the level of contributions has been highlighted by the infrastructure evidence and by on-going engagement with National Highways and others. The need for a change to the approach, compared to the 2016 SPD, responds to the viability evidence as explained in Section 5 below.

3.3 It is acknowledged that the PPG also advises that it is not appropriate for plan-makers to set out new formulaic approaches to Planning Obligations in supplementary planning documents or supporting evidence base documents, as these would not be subject to examination. The Council has considered this guidance carefully and is in the process of preparing a new Local Plan which will set out a clear policy basis for seeking A27 mitigation contributions. However, as explained in Section 3 above, the Council must ensure that the cumulative impact on the A27 Chichester Bypass of development coming forward now can be effectively mitigated. The level of contributions being sought through the 2016 SPD is no longer sufficient to fund the necessary infrastructure improvements. Therefore, in the context of the overall 'cap' on development to 2039, if the Council were to wait until the new Local Plan was adopted, there would be a clear risk that the level of contributions required from future development would be even higher than being sought in this SPD and would render the majority of new development unviable. In short, not acting now to secure higher contributions will threaten the delivery of the development identified within the new Local Plan.

3.4 The Council has also considered the guidance within the PPG stating that if a formulaic approach to developer contributions is adopted, the levy can be used to address the cumulative impact of infrastructure in an area. The Chichester Community Infrastructure Levy (CIL) has been in place since 2016. However, the funding raised through CIL is not sufficient to fund the required A27 mitigations works and, in any case, this funding is required for other essential infrastructure and facilities that are needed to mitigate the impact of development, as set out within the Council's Infrastructure Delivery Plan.

(3) Local Planning Policy

3.5 Policy 8 (Transport and Accessibility) of the Chichester Local Plan: Key Policies 2014-2029 states that integrated transport measures will be developed to mitigate the impact of planned development. This will include a coordinated package of improvements to junctions on the A27 Chichester Bypass, that will increase road capacity, reduce traffic congestion, improve safety, and improve access to Chichester city from surrounding areas.

3.6 Policy 9 (Development and Infrastructure Provision) states that development and infrastructure provision will be coordinated to ensure that growth is supported by the timely provision of adequate infrastructure, facilities and services. The Infrastructure Delivery Plan will be used to identify the timing, type and number of infrastructure requirements to support the objectives and policies of the Plan as well as the main funding mechanisms and lead agencies responsible for their delivery

3.7 Policy 9 also states that all development will be required to provide or fund new infrastructure, facilities or services required, both on and off-site and, where appropriate, mitigate the impact of the development on existing infrastructure, facilities or services.