SPD 9 Legal Agreements, Planning Obligations and Planning Gain

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1 Status of this Document

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1.1  This guidance supplements the policies of the London Plan, adopted in May 2004, and the Ealing Unitary Development Plan (Plan for the Environment) (“UDP”) adopted in October 2004. The key UDP policy is Policy 1.10 (Legal Agreements).   It is also intended that it will be a Supplementary Planning Document as part of the Council’s Local Development Framework.

1.2 The UDP provides the policy context for decisions on planning applications and other proposals concerning development and transport in Ealing.  Under the Planning and Compulsory Purchase Act 2004 the UDP will be progressively replaced by new Development Plan documents in a Local Development Framework.  The Council has approved a Local Development Scheme setting out a programme for this work.   Relevant Council decisions will be based on UDP policies up until October 2007 and relevant ‘saved’ UDP policies after that time until the new Local Development Framework is adopted.   This guidance on Legal Agreements is intended to span both periods, ie before and after October 2007.

1.3 The guidance will be used in determining planning applications.  It has the legal status of a ‘material consideration’ which the local planning authority is entitled to take into account in making decisions.