Chapter one: Introduction
Background
The main purpose of this monitor report is to track financial Developer Contributions and other planning obligations secured by Belfast City Council ('the Council') as part of a Section 76 Planning Agreement. Since the reform of local government and transfer of planning powers to councils in April 2015, the Council has secured over £4.3 million in financial Developer Contributions, required to mitigate the impacts of new development on the City and make it acceptable.
This document publishes key information around financial Developer Contributions secured between 1 April 2015 - 31 March 2025 and follows on from the first monitor report published in 2020. This report also provides an overview of other planning obligations secured between 1 April 2020 - 31 March 2025.
Planning Agreements
Planning Agreements are used to secure a planning obligation, such as developer contributions, where it is not possible to do so by a planning condition. Section 76 of the Planning Act (Northern Ireland) 2011 ('the Act') gives the Council, as the Planning Authority, the legislative power to enter into a Planning Agreement, which is a legally binding document between the Council and an applicant.
Planning Agreements can be used to serve a variety of planning purposes, including securing financial payments to mitigate the impacts of development on the City’s infrastructure (Developer Contributions); to facilitate or restrict the development or use of land; and require specific operations or activities to be carried out in relation to the land.
A planning agreement may be considered appropriate where what is required cannot be adequately addressed by the imposition of conditions. If the impact of a development is complex or long-term, and can't be managed through simple conditions, a planning agreement provides a legally binding framework. A planning agreement may be considered appropriate where it:
- is directly related to the development and to the use of the land after its completion, that the development ought not to be permitted without it
- is fairly and reasonably related in scale to the development
- is focused on addressing the specific, site-related impacts of a new development
- will contribute to meeting the costs of providing necessary facilities in the near future, or
- is intended to offset the loss of, or impact on, any amenity or resource present on the site prior to development.
Developer Contributions
A developer will be expected to pay for, or contribute to, the cost of infrastructure that would not have been necessary but for the development or which needs to be rescheduled to facilitate the development. These agreements must be entered into as legal deeds and are enforceable by the Council. They’re tailored to the specifics of each development and negotiated during the planning application process.
Developer Contributions may either be “in kind” or “financial”, whether it is to facilitate the provision of infrastructure that is needed to support the development; or to manage the environmental effects of development to an acceptable level. “In kind” contributions are where the developer directly provides the infrastructure or environmental mitigation themselves. “Financial contributions” are where the developer pays a commuted sum to the council or a government department, which will then be used to deliver the infrastructure or environmental mitigation. The monies received will be ring-fenced solely for that purpose.
Monitoring
All Planning Agreements, including those that secure financial Developer Contributions, are routinely monitored by the Council’s Planning Service to ensure compliance. The Council has a dedicated Section 76 Monitoring Officer whose role is to record and monitor all signed Planning Agreements. The Council maintains a database which records and provides the financial information contained in this Monitoring Report. The main purposes of monitoring such agreements is:
- Compliance checks: The Council reviews whether developers are fulfilling the terms of their planning agreements, such as delivering affordable housing, infrastructure, or environmental improvements.
- Timely delivery: The Council tracks deadlines and milestones to ensure contributions are made or works are completed on schedule.
- Charging monitoring fees: The Council charges a fee to cover the administrative costs of monitoring Section 76 obligations. These fees help fund staff time and systems needed to track compliance.
- Reporting and transparency: The Council publishes an annual monitoring report detailing contributions received, spent, and allocated. This promotes transparency and public accountability and allows the public and developers to understand what community benefits have been secured in exchange for granting planning permission. S76 agreements are legally binding and publicly accessible documents, and the Council publishes them on its website.
- Enforcement: If developers fail to meet their obligations, councils can take enforcement action, including legal proceedings or withholding further permissions.
Local Development Plan (LDP)
To help deliver the city envisaged in 2035, the LDP identifies a series of strategic aims and related objectives that have been identified to support the delivery of the vision. The LDP’s strategic aims and objectives align with the Belfast Agenda’s long-term Outcomes and shorter-term Priorities. The strategic objectives outlined show how the LDP will address the key issues and shape future development to deliver the vision for Belfast 2035. In supporting the strategic aims, the following objectives are set out the relevant strategic aims.
The Plan Strategy sets out a series of strategic and operational policies designed to help meets these objectives many of which are supported by Section 76 agreements and developer contributions to help ensure their delivery. They range from supporting the affordable housing, public realm improvements and the provision of open space as well as helping to support more sustainable modes of travel which is particularly important as we are tasked with addressing the challenges posed by overreliance of carbon fuels and climate change.
