Legal Considerations

Securing a travel plan

The County Council will secure the travel plan through a Section 106 Agreement.

Future and Succeeding Occupiers

In all situations the developer will be responsible for passing the requirement for a travel plan onto the occupier (and any succeeding occupiers).  This is likely to be achieved through a Section 106 Agreement.

Ensuring effective implementation (Incentives for success)

Travel plans should not be seen simply as a paper exercise. The production of the document is only part of the process.  The Section 106 Agreement will therefore also include sanctions to ensure that failure to deliver agreed measures/outcomes (within the control of the developer) can be remedied. These sanctions can take a number of forms as set out below:

1. Payments to the County Council to implement agreed measures/targets contained within the travel plan which have not been implemented (this could include marketing/promotional materials in addition to infrastructure works)

2. The implementation by the developer of specified ‘works’ that are expected to remedy the failure to achieve agreed measures/targets or to implement the measures/targets agreed

3. Specified payments by the developer to meet the Council’s cost of taking action to achieve the agreed measures/targets and

4. A restriction on the build out or occupation of the development in the event that the travel plan fails to achieve agreed measures/targets or to implement the measures/targets agreed.

Sanctions will ensure that developers do not just agree to measures / targets in their travel plans but actually undertake to implement them.