Draft A27 Chichester Bypass Mitigation Supplementary Planning Document (SPD) Version 2 - May 2024

(4) 3.0 Policy Framework

(4) 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:

a) necessary to make the development acceptable in planning terms;

b) directly related to the development; and

c) fairly and reasonably related in scale and kind to the development.

3.2 The National Planning Policy Framework (NPPF, December 2023) sets out in paragraph 34 that plans should set out the contributions expected from development. With regard to the mitigation of the impact of new development on the A27 Chichester Bypass, the expectations are set out within Policies 8 and 9 of the Chichester Local Plan: Key Policies 2014-2029 (see below). Policy 9 includes reference to the Infrastructure Delivery Plan which is the means by which the key infrastructure requirements and funding mechanisms are set out. This SPD provides guidance and support to the interpretation and application of the policies within the adopted Local Plan. It is important therefore, that this SPD is read alongside the relevant Local Plan policies which should be used in the determination of planning applications.

3.3 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.^[5] 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 cost 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 cost evidence and by on-going engagement with National Highways and others. The need for a revision to the approach set out in the 2016 SPD also responds to the viability evidence as explained in Section 5 below.

3.4 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 at an advanced stage of preparing a new Local Plan which will set out a clear policy basis for seeking A27 mitigation contributions in the future. However, as explained in Section 2 above, the Council must ensure that the cumulative impact on the A27 Chichester Bypass of development coming forward now (under the adopted Local Plan) can be effectively mitigated. The level of contributions set out within the 2016 SPD is no longer sufficient to fund the necessary infrastructure improvements that are capable of mitigating the impact of development coming forward now. Therefore, if the Council were to wait until the new Local Plan was adopted, development coming forward now would not be mitigating its impact on the A27 Bypass and would therefore be in conflict with Policy 9 of the adopted Local Plan.

3.5 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.

(7) Local Planning Policy

3.6 Policy 4 (Housing Provision) of the Chichester Local Plan: Key Policies 2014-2029 states that the plan will deliver 7,388 homes over the period 2012 to 2029. This includes existing commitments as well as site allocations, parish housing sites and windfall developments. Whilst the majority of this development has already been permitted and/or built, some parish housing sites and windfall developments continue to come forward and will do so until the new Local Plan is adopted.

3.7 Policy 8 (Transport and Accessibility) 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.

3.8 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

3.9 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.

^[5] PPG Paragraph: 004 Reference ID: 23b-004-20190901.