Planning Considerations. In planning the buyout provisions in shareholder, partnership or operating agreements, Code Section101(j) adds a new level of analysis to the equation. Complying with the notice and consent requirements is an easy first step. Even so, the impact of excess insurance proceeds should be addressed when one is relying on the exception for amounts paid to an insured's heirs under Code Section 101(j)(2)(B). In such a case, whether the entity or the family of the deceased principal receives the proceeds can affect whether the excess insurance proceeds will be included or excluded from gross income as the proceeds are excluded from gross income to the extent of the amount paid to the heirs. However, if the entity retains excess insurance, it may be
Planning Considerations. 3.1 The material planning consideration in respect of this application is whether or not the applicant has adequately demonstrated that the planning obligation relating to affordable housing would cause the development to be unviable thus justifying a degree of flexibility in relation to the affordable housing obligation.
3.2 Section 106A of the TCPA allows for an application to be made to a local authority to consider a proposed modification or discharge of a planning obligation.
3.3 Planning obligations can be renegotiated at any point, where the local planning authority and developer wish to do so. A planning obligation is enforceable as a contract and whether it is varied or not is at the local authority’s discretion. Where there is no agreement to voluntarily renegotiate, and the planning obligation is over 5 years old, an application may be made to the local planning authority to change the obligation where it “no longer serves a useful purpose” or would continue to serve a useful purpose in a modified way (see Section 106A of the TCPA). However, as this application to modify the S106 agreement has been made within 5 years of completion, this statutory test is not applicable.
3.4 The Town and Country Planning (Modification and Discharge of Planning Obligations) Regulations 1992 (as amended) set out the procedure for dealing with applications to modify or discharge a planning obligation that is more than 5 years old. However, these Regulations do not apply to requests to modify a planning obligation that is dated less than 5 years ago, which is the case in this instance. As such, an application form and public consultation is not required.
Planning Considerations. The Landowner covenants with the Agency:
(a) not to Implement the Planning Permission on any Development Parcel or any Phase until any conditions attached to the Planning Permission which must be discharged before Implementation of the Planning Permission on that Development Parcel or the Phase (as the case may be) have been discharged and to comply with the requirements of the Act; and
(b) to comply with all conditions attached to the Planning Permission.
Planning Considerations. 7.1 Having regard to the relevant policies of the development plan it is considered that the main issues arising from this application are:
(i) The principle of the variation of the S106 legal agreement requirements
(ii) Whether the requirements of the S106 legal agreement are still considered to serve a useful purpose
(iii) If so what is the appropriate way of securing these requirements and determining the three applications for Deeds of Variation to the S016 Agreement (as amended)
(i) The principle of the variation of the S106 legal agreement requirements
7.3 The S106 dated 12th May 2011 and as varied in particular by Deed of Variation dated 19th October 2017 includes within the Third Schedule The Owner's Covenants with the Council which state:
2.1 Prior to expiry of 28 days after completion of the last Dwelling to provide and lay out the Community Facilities Land and to the Council's satisfaction for the purpose of accommodating the Community Facilities (council acknowledging that the same shall be used in the interim as a construction compound)
2.2 shall prior to 1 December 2017 use all commercially reasonable endeavours to procure that the Community Facilities are provided on the Community Facilities Land
2.3 In the event that the Community Facilities shall not have been provided by 1 December 2017 then and in that event to transfer the Community Facilities Land to the Council for use for Community Use at nil cost to the Council within 56 days of the expiry of that said period in accordance with the provisions of the Seventh Schedule Part 11.
7.4 The definitions relevant to these clauses in the S106 Agreement are as follows:
Planning Considerations. The property proposed for development falls within the boundaries of Tax Increment Finance District 2 . The TIF District was established as part of the Urbana Downtown Tax Increment Area II Conservation-Redevelopment Plan and Projects (TIF 2 Plan, adopted December 16, 1986, and currently proposed for amendment). The TIF allows for the City of Urbana to apply TIF funds for public infrastructure and other eligible improvements within the Redevelopment Project Area. As stated in the Downtown Strategic Plan adopted February 4, 2002, the area along Broadway Avenue is suitable for additional commercial uses as a key entrance to the downtown. It is hoped that the completion of other downtown projects, such as Lincoln Square Village and Stratford Residences will attract new commercial developments that will help serve the retail and service needs of the community and region. Bear Properties own the remainder of the Xxxx Sports site and is interested in pursuing future development upon expiration of current leases. The leveraging of private funds to redevelop and improve properties in the North Broadway Avenue area is consistent with the goals of the TIF 2 Plan and the Downtown Strategic Plan. It is also a goal to increase the amount of commercial business space in the City of Urbana and to increase the property tax base within TIF 2. In light of these facts, it is in the City’s best interest to provide certain financial incentives in order to allow this project to occur. The agreement commits the developer to $200,000 of rehabilitation of the existing facility. An EAV increment of $66,000 would yield approximately $5,600 annually in TIF tax revenue. Sales, utility and other City taxes and fees are not specifically calculated; however, total revenues should exceed $8,000 annually. Taxes will also be levied against the vacated right-of-way. The loan and grant program is a one-time cost of $13,740.33.
Planning Considerations. It is recognised that, as part of consideration of a rezoning of land of this nature, it must be demonstrated that the land is safe and suitable for the proposed development the zone will facilitate. To this end, it is recognised that a number of ‘specialist’ assessments may be required – such as a cultural heritage assessment, flora & fauna assessment or soil contamination assessment. These assessments have not been commissioned as yet, as this submission seeks the Council’s in principle support for the proposal per se. Further detail – including any relevant specialist assessments - can be provided as part of the formal documents for referral and exhibition of a Planning Scheme Amendment. Notwithstanding this, the following responses to the relevant considerations are provided, based on site investigations to date.
Planning Considerations. 5.1 S106 legal agreements
(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.
Planning Considerations. 4.1.1 Official Plan
Planning Considerations. It is recognised that the Community Councils have no direct decision making power in the planning process. However, the views of the local community, that are relevant in planning terms to the consideration of planning applications, will be given weight by those involved in the decision making process. (Ref. Steps 16 - 19 Process Flowchart). Planning officers are committed to assisting Community Councils stay as informed as possible, where requested, by explaining the planning process, the detail of applications and any key considerations in their determination and helping CC’s focus on the key areas of concern associated with a planning application. Just as there is the expectation that planning officers should provide guidance to potential applicants on how to progress an application throughout the duration of the process, planning officers should similarly provide guidance, when requested, to Community Councils and the PLO (Planning Liaison Officer) on how best to phrase their suggestions and concerns to ensure that they are material planning considerations.
Planning Considerations. Site Name: HMS Velox
