Developer Contributions in Tameside - Frequently Asked Questions

• What are Developer Contributions?
• What was the Previous Approach in Tameside?
• What is the New Approach in Tameside?
• Is your Development exempt from paying tariffs?
• How much are the tariffs?
• What happens after submission?
• What if I don't pay?
• What if I don't submit a Deed but my Development is liable?
• What if I sell the land?
• What if I have further questions?

What are Developer Contributions?

Officially referred to as Planning Obligations, sometimes as Planning Gain or Section 106 Agreements they are legislative means by which the Council can seek compensation for the impact development has on existing roads, schools or local facilities.

This generally will be in the form of the developer carrying out works outside of the development site or providing funds to the Council, which it would use to carry out works and to provide facilities or services to the local community.

What was the Previous Approach in Tameside?

Up to now the Council has used Section 106 legal Agreements (S106A) to obtain planning gain, but only from large-scale developments. These Agreements are often complicated and take a long time to negotiate. The planning gain set out in these agreements often takes many years to put into practice.

The Government has recognised the drawbacks of this process and have revised their policy and guidance to make it more effective.

To this end the Council has introduced a new initiative to manage developer contributions in a more efficient, equitable and effective manner in line with government policy.

What is the New Approach in Tameside?

All residential developments of 1 house or more and all commercial developments of 250 sq m and over will be required to pay one or more of the following tariffs:

• The Green Space Tariff;
• The Community Education Tariff; and
• The Integrated Transport Tariff

Developments under these thresholds do not have to pay the tariffs.

In most circumstances Section 106 Agreements will be used only for the large scale and more complex developments.

You are advised to discuss your scheme with the Planning Service prior to submitting your application. The best method of making developer contributions can then be discussed.

Is your Development exempt from paying Tariffs?

The following developments are exempt from paying tariffs:

• Applications for one new dwelling where the applicant will be the resident and is already the owner of the land
• Applications for creation of a new or extended residential unit that has a separate access, with restricted occupancy to existing family members
• Applications for temporary residential accommodation where the permission is time limited
• All domestic extensions
• Applications for less than 250 sq m floorspace (gross) for any other than residential use
• All Outline Applications - (all Reserved Matters & Full Applications on the same site will be liable)
• Applications where a S106 Agreement has already been signed and implemented and there is no change to the extent and form of the proposal that would significantly increase its impact
• Applications for primary social care residential units
• Applications for "enabling" development to ensure the restoration / repair of Listed Buildings on the Councils "Building at Risk" Register
• Applications submitted by the Council for Council development schemes
• Applications submitted by non-Council agencies on land to be bought/leased from the Council
• Applications submitted by the Council for the purpose of planned Compulsory Purchase Orders
• Adverts / signs, masts, infrastructure and other non-community service / traffic impact generating proposals

How much are the Tariffs?

The tariff rate will depend on the scale of the development, its characteristics and location.

The Council has developed an on-line calculator. The Calculator will ask you a few simple questions on the details of the site and the proposal. It then automatically produces the Tariff payments that are due. Please follow all the onscreen instructions carefully.

When you are ready to submit your planning application you should print off the Data Sheet (that states the answers you made to the questions) and the Deed of Unilateral Undertaking,which is the legal document. Both these documents are found on the on-line calculator. The Deed must be signed by the landowner and witnessed. Both documents need to be submitted with the planning application.

Further information is available on the Developer Contributions Webpages, including the Supplementary Planning Document 119.08 KB   and the justifications for standard charges and formulas 1.68 MB .

If you don't have access to the internet you can visit any Tameside Library or Customer Service Centre where there is public access to our website.

What happens after Submission?

Your submitted Data Sheet and Deed will be checked, if there are discrepancies the application will not be registered until resolved. If during the processing of the application amendments are made to the scheme, the submitted Deed may need to be replaced. You will be advised by the Development Control Officer if this is required.

If your planning application is approved you will be sent your decision notice and a copy of your signed Deed. The Deed will automatically become a Land Charge. You will also be sent a form to be completed and returned when you are about to start your development. Receipt of this form, will trigger an invoice to be issued for the full amount of the Tariffs. You will have 14 days from receipt of that to pay.

What if I don't pay?

The Council's debtors retrieval system will generate payment reminders, warnings and ultimately debt recovery.

What if I don't submit a Deed but my Development is liable?

Firstly your application will not be registered until your intentions are made clear. If you do not wish to sign a Deed the Council will require you to sign a Section 106 Agreement. This is likely to complicate and delay the processing of your application and increase your costs.

What if I sell the land?

The responsibility for payment is passed over with the sale of the land as the Deed is registered as a Land Charge, but also it does not become due until a material start is made on the approved development scheme. What will be important is to ensure the new owner / developer has the commencement form with the decision notice and Deed, to inform the Council of the start.

What if I have further questions?

If you have a specific question about a site please contact the Development Control team for that area or send us a message using the contact details at the bottom of this page:

Contact Information
Send us a Message	Planning and Building Control Tameside MBC Council Offices Wellington Road Ashton under Lyne OL6 6DL  View local map
0161 342 4460
0161 342 3111