Meeting documents

BATH & NORTH EAST SOMERSET COUNCIL

PLANNING OBLIGATIONS SUPPLEMENTARY

PLANNING DOCUMENT

DRAFT - July 2008

Contents

Part One 3

Part Two 13

3.0 Case Studies 56

Part One

1.1 Introduction

1.1.1 The aim of this Supplementary Planning Document (SPD) is to provide clear guidance on the Council's approach to Planning Obligations, "S.106 Agreements" or simply "Planning Agreements" as they alternatively are termed. Planning Obligations on developers are used to secure affordable housing and financial contributions to mitigate the impact of new development on social and other infrastructure such as roads and community facilities. The contributions provide finance to assist in the development of infrastructure and facilities where they are needed. The SPD will provide the general public, landowners, developers and other stakeholders with clarity about what planning obligations are, when they will be sought, and how they will be obtained.

1.1.2 The SPD is envisaged as a "living document". It will be updated regularly to ensure that it remains relevant and responsive to change, and new topic areas where contributions will be sought may be added during this evolving process. SPD can only be made to an adopted development plan. This version, therefore, is SPD to the B&NES Local Plan 2007. It is anticipated that a revised SPD will be prepared when the Council's Core Development Plan Document is adopted in 2010.

1.1.3 It is important to bear in mind that contributions for items not listed in Part 2 of the SPD may be sought if warranted by the circumstances of a particular development proposal. It is not possible or practical to produce a document that sets out every conceivable situation. The SPD should not therefore be seen as an exhaustive inventory of the Council's requirements, but as a guide to the Council's approach to dealing with matters that normally and generally are the subject of planning obligations. The relevant topic areas in this inaugural version of the SPD are set out below and expanded upon in Part 2 of the document.

1.1.4 The SPD has been produced in accordance with National Planning Guidance, Regional Planning Guidance and Local Planning Policy. The document should be read in conjunction with the Bath & North East Somerset Local Plan 2007 having particular regard to Policy IMP.1. The adopted SPD will carry considerable weight as a material consideration in the determination of planning applications.

1.1.5 The Draft SPD will be subject to formal public consultation and has been the subject of a sustainability appraisal.

1.2 Planning Policy Context

Legislative Context and National Policy

1.2.1 The source of the Council's power to seek planning obligations is s.106 of the Town and Country Planning Act 1990 (as amended). This is where the term "Section 106 Agreement" is derived. It is synonymous with the phrase "Planning Obligations" in planning terms.

1.2.2 The government has issued guidance on Planning Obligations in Circular 05/2005 in which it provides detail on how planning obligations should work and when and how they can be sought by Councils.

1.2.3 Planning Obligations are used in a series of different ways as set out in Circular 05/2005 at Para B11 to B16.

• To prescribe the nature of development (e.g. by requiring that a given proportion of housing on a site is affordable);
  
• To secure a contribution from a developer to compensate for loss or damage created by a development (e.g. loss of open space); or

• To mitigate the impact of a development (e.g. through increased public transport provision)

1.2.4 The use of Planning Obligations has to be appropriate, so knowing when to use them is important. The fundamental principle that has to be adhered to in dealing with planning obligations and their use is that planning permission cannot be bought or sold.

1.2.5 Para B5 of the Circular provides a list of 5 tests that a planning obligation should comply with.

A Planning Obligation must be:

i. relevant to planning;

ii. necessary to make the proposed development acceptable in planning terms;

iii. directly related to the proposed development

iv. fairly and reasonably related in scale and kind to the proposed development; and

v. reasonable in all other aspects

1.2.6 Planning Obligations can be obtained in a series of ways as follows.

• Site by site basis
  
• Use of standard formula/tariff
  
• Provision of area based infrastructure, e.g. where developments occur within close proximity to each other and the cumulative effect will result in the requirement a new community facility, the Council may pool contributions from each of the developments to fund improvements in an equitable way, for example the provision of a new school
  
• Strategic Infrastructure e.g. new bus link

1.2.7 The Circular advises that Planning Obligations can be used as follows:

• To restrict the development or use of the land in a specified way;
  
• To require specified operations and activities to be carried out on the land;
  
• To require the land to be used in a specified way;
  
• To require that a sum or sums to be paid to the authority on a specified date or dates or periodically

1.2.8 The Circular also provides important advice on two topics, Off-Site provision, and Pooled Contributions.

Off Site Provision.

1.2.9 On suitable sites provision of affordable housing, open space, Children's Services facilities, community facilities and transport infrastructure and other infrastructure may be provided on-site, subject to agreement by the Council and the developer, i.e. a S.106 Agreement or Planning Obligation. However, in some cases on-site provision may not be appropriate. In these instances the Council may enter into an agreement with the developer for off-site provision of the necessary facilities and/ or infrastructure or seek financial contribution towards off-site provision.

Pooled Contributions

1.2.10 For certain smaller scale developments the contributions raised through planning obligations may not be of a level that could contribute significantly towards improvements in an area. However, if considered cumulatively the contributions raised through smaller scale development may be pooled together to allow the Council to make a single improvement to an area. Similarly for larger infrastructure improvements, including strategic infrastructure projects, contributions may also be pooled so that they can be used more cost effectively. It is important to note that the financial contributions pooled will be ring-fenced to contribute towards the programmes and schemes that have been identified in the relevant planning agreements. In the unlikely event that financial contributions secured from developers cannot be spent within the timescale provided for in the agreement, the money will be refunded to the developer.

Regional Policy

1.2.11 The current regional planning policy guidance is RPG 10 which shortly will be superseded by the Regional Spatial Strategy (RSS).

Local Policy

1.2.12 The Bath & North East Somerset Local Plan seeks the use of Planning Obligations under Policy IMP.1.

1.2.13 The Community strategy 2004 and Beyond for Bath & North East Somerset has set out improvement ambitions for the district which the SPD has taken into account.

1.3 Scope and Procedure

Scope of the SPD

1.3.1 The SPD provides guidance on planning obligations in respect of five key policy areas:

• Affordable Housing
  
• Children's Services & Life-long Learning
  
• Sustainable Transport
  
• Green Space & Play
  
• Sport & Leisure

1.3.2 The list identifies the areas that have commonly been the subject of planning obligations in relation to various planning permissions granted in Bath and North East Somerset in recent years, or for which adequate evidence now exists to support their inclusion in this SPD. As further work is undertaken to identify other needs arising from development in the Council's area, then the list may be expanded by means of a periodic review of this SPD (see para 1.1.2).

1.3.3 A detailed explanation of the approach to each of these five topic areas is provided in Part 2 of this SPD which will outline the circumstances and mechanics of how the planning contributions will be required and negotiated.

Procedure

1.3.4 It is essential that developers enter into early discussions with the Council's planning officers during the pre-application stage about planning obligations that may be required for their development by the Council. The nature of planning obligations that are likely to be required for a particular development will be made known to the developer as early as possible in the planning process including contributions based upon this SPD unless the circumstances are exceptional.

1.3.5 Officers will advise on the planning obligations based upon this SPD as set out in Part Two and where necessary on other matters which need to be the subject of the Section 106 Agreement. These might include phasing of development, restrictions on use, or other requirements which cannot be covered by planning conditions and matters such as travel plans designed to maximize the use of sustainable transport modes of travel.

1.3.6 In doing so the early discussions will help to ensure that formal planning applications can be dealt with in a more informed and efficient manner, and avoid unnecessary delays over complex negotiations following a Committee decision to approve the application subject to an obligation.

Case Studies

1.3.7 In order to illustrate the operations of this SPD, three case studies are attached in Part Three covering three types of development likely to occur in the district in the next few years.

Viability

1.3.8 If a developer considers that the level of obligations required would render theirproposal unviable, then the developer will be expected to provide the full financial details of the proposal to the Council, in a financial appraisal submitted and signed by an appropriately qualified and independent financial professional. For the Council to consider an "unviable" argument, it will be essential that the developer shares information substantiating this on an open book basis. If there is any disagreement on the financial appraisal the Council will expect the developer to agree to an adjudication by an independent financial body and with the costs of the adjudication funded by the developer.

1.3.9 A change in the Council's standard obligations will be considered as an unusual exception. If this occurs the developer will be required to demonstrate what exceptional circumstances would give rise to the case made.

If the Council agrees that a scheme cannot reasonably afford to meet all the normal requirements after going through the above process, then these requirements may be prioritised.

Drafting of Agreements

1.3.11 The drafting of Section 106 Agreements will be undertaken by the Council's Legal Services team or by solicitors contracted by the Council to represent them. The developer will be expected to meet the full cost of drawing up the Section 106 Agreement.

Administration Fee

1.3.12 In order to meet the costs of the Council in monitoring the agreement an additional fixed rate fee will be levied, dependant on the sum of the contribution to be paid. This additional administration fee will be set as follows:

Table 1.3.1

Monitoring

1.3.13 Compliance with Section 106 Agreements will be monitored by the Council. A series of targets will be set that will activate the payment of Section 106 monies, i.e. payment of monies upon occupation of a development. These monies will be allocated to the specific pot or a pooled fund and the Council will ensure that these monies are being spent in the areas for which the sums have been paid, in accordance with the Section 106 Agreement.

1.3.14 Planning Obligations will be monitored and an annual monitoring report will be prepared.

Contact Details

Planning Policy

Tel: 01225 477548

E-mail: planning_policy@bathnes.gov.uk

Development Management

Tel: 01225 477281

E-mail: lisa_bartlett@bathnes.gov.uk

Part Two

2.1 Affordable Housing

Policy Background

2.1.1 The policy justification for requesting planning contributions for affordable housing flows from Planning Policy Statement 1 (PPS1) Delivering Sustainable Development, Planning Policy Statement 3 (PPS3) Delivering Affordable Housing, Bath & North East Somerset Local Plan policies IMP1 and HG8. The Council's Supplementary Planning Guidance(2003) on Affordable Housing will be superseded. The Affordable Housing Companion complements this document and gives detailed guidance on the required affordable housing outputs.

Trigger for Obligation

2.1.2 The Council will seek 35% affordable housing with a 75/25 percent split between social rent and intermediate housing in perpetuity and without the need for public subsidy before determining applications for planning permission in the following circumstances:

• In Bath, Keynsham, Norton Radstock, Saltford, Peasedown St John and Paulton where permission is sought for 15 dwellings or more or the site has an area of 0.5ha or more; and
  
• In settlements where the population is 3000 or below, where permission is sought for 10 dwellings or more or the site has an area of 0.5ha or more.
  
• Where the calculations on affordable housing requirement which is not a whole number of units the figure will be rounded up when 0.5 or above and down below 0.5.

The Council would normally expect affordable housing to be provided on site, however in exceptional circumstances it may be possible to provide this off site or through a commuted sum (see paragraphs 2.1.5 and 2.1.6).

What will developers have to provide?

2.1.3 It is important that developers make early contact with the planning and housing development departments to discuss the affordable housing requirements for the proposed development.

2.1.4 The Council will require the developer to provide the following information prior to agreeing the planning contribution in terms of affordable housing to ensure that the proposals comply with current Affordable Housing Policies and Supporting Guidance including the Affordable Housing Companion that sits with this SPD::

• Details of the mix of housing, number of units, type of units (e.g. social rented/intermediate) size of units
  
• Details of design layout and construction standards (e.g location of affordable units, phasing of development, compliance with lifetime homes standards)
  
• Details on affordability of intermediate housing unit
  
• Details of funding requirements (subject to availability) arrangements and viability assessment
  
• Site or Building acquisition cost*
  
• Construction costs*
  
• Fees and other on-costs*
  
• Projected sale prices for dwellings*
  
• Gross and Net margin*
  
• Other costs and receipts*
  
• Details of long Term management and Maintenance Standards of the Affordable Housing Provider (e.g. Registered Social Landlord)

*Required when not forthcoming under Local Plan policy HG.8

2.1.5 In situations where on-site provision is not proposed the developer will need to provide the following:

• sound and detailed reasons why affordable housing cannot be provided on-site and/or
  
• sound and detailed reasons why affordable housing cannot be provided off-site in the vicinity of the proposal, and
  
• show how off-site provision or a commuted sum contribute to the creation of mixed communities in the local authority area

Off-site

2.1.6 Where the Council accepts that off-site provision is appropriate, the tables below show the basis of calculating the off-site elements of affordable housing contributions

Formula for calculating the number of affordable units where off-site provision is agreed:

For schemes where 35% affordable housing is expected the following formula can be used to calculate the number of off site affordable units expected:

Table 2.1.1

Commuted Sum Formula

In exceptional cases where the Council accepts neither on-site or off-site can be provided following formula should be used:-

Step 1

Calculate the number of off-site affordable housing units in line with table 1.

Step 2

Take the supportable deficit, the amount payable by the Affordable Housing Provider (AHP), away from the full market value of the market houses as if provided on site

For example:

Step 1 100 unit residential application, all of which to be market housing - calculations from table2.1.1 above prove that 54 affordable homes are justified as off site contribution.

Step 2 Total Market value of 54 properties =£16,200,000

Less notional price affordable by AHP = £3,240,000

Therefore the commuted sum = £12,960,000

The formula for Step 2 is as follows:

Table 2.1.2

Guide to Supportable Deficit Figures

2.1.7 The Council does not prescribe what amount RSLs or AHPs should pay developers for affordable housing contributions, provided it is delivered on a grant free basis with all the outputs of Policy HG.8 and this SPD fully met. However to calculate commuted sum contributions the Council has given below supportable deficit figures that are to be used for the sole purpose of calculating these sums. They are:

Social Rent Units (to be updated annually)

Table 2.1.3

Intermediate Housing Units:

2.1.8 In order to achieve affordability, an AHP could realistically pay the developer a maximum of 40% of the market value for the intermediate units. In higher value areas of the district, this figure may be as low as 30%. This figure would become the supportable deficit for intermediate housing in terms of commuted sum calculations. Developers are recommended to discuss this with the housing development team at as early a stage as possible.

Contact Details

For further information contact:

Strategic Housing Development

Tel: 01225 477968

E-mail: housing_development@bathnes.gov.uk

2.2 Children's Services & Life-long Learning

Policy Background

2.2.1 The policy justification for requesting planning contributions for Children's Services flows down from the Schools White Paper: Higher Standards, Better Schools for all and 14-19 education and Skills White Paper at national/regional level and the Bath & North East Somerset Local Plan Policies IMP1 and CF3. The latter also applies to Life-long Learning

Trigger for Obligation - Children's Services

2.2.2 The trigger for Children's Services can fall into two categories as follows:

• The extension or upgrading of existing off-site facilities where a housing development results in a school's capacity being exceeded or in a shortfall in Early Years facilities, Special Educational Needs (SEN) facilities and Youth Services provision.
  
• The provision of new facilities where the impact of a new housing development requires this.

2.2.3 The type of provision required will range from:

•  Primary and Secondary School Provision

Where additional capacity is required in the school or schools that serve the area of the development. The determination of whether or not there is sufficient capacity in the school or schools in the area will usually be done with reference to the Net Capacity Figures as reported to the Department for Children Schools and Families (DCSF) in the annual Surplus Places Return and to the school census, which records number of children on roll (NOR). As a certain number of unfilled places are necessary in order to allow for parental choice, unfilled places up to a maximum of 5% of a schools capacity will be excluded when calculating surplus capacity. Calculations will be based on current and projected school population figures.

• Post 16 Provision

Where additional capacity is required in the school or schools that serve the area of the development. Calculations will be based on current and projected school population figures. The number of post 16 pupils is based on the assumption that 60% of pupils aged 16-17 stay on to access Post 16 education in B&NES.

•  Early Years Provision

Where additional provision is required in the area of the development. The determination of whether or not there is sufficient Early Years provision in the area of the development will be done via reference to the Bath and North East Somerset Childcare Sufficiency Report. The 2006 Childcare Act states that Local Authorities have a statutory obligation to ensure that they have a strategy in place for the provision of childcare sufficient to meet the needs of parents who require childcare in order to work or to undertake training to obtain work. Calculations will be based on the assumption that 20% of children aged 0 - 2 and 95% of children aged 3 -4 take up services.

• SEN Provision

Calculations are based on the percentage of SEN pupils in B&NES and are reviewed annually. Currently this percentage is 2.12% for primary, secondary and post 16 age pupils. This applies to every new dwelling that generates primary, secondary or post 16 pupils, as provision is widespread across B&NES and not specific to one location)

• Youth Services Provision

Covers the 13-19 age group and applies to all new houses of 2 beds or more.

What developers will have to provide

2.2.4 Where an existing off-site primary, secondary or post 16 (16+) school is to be extended or upgraded, the DCSF cost per place multiplier will be used to calculate a contribution. Where there is a requirement for a new school the developer will be expected to pay the full cost of construction, including design fees and charges and provide the site free of charge, as the DCSF multiplier is based only on the average of new build costs and extension costs and not the full cost of building new whole schools. This would also apply in the case of significant more substantial extensions to existing schools. The accommodation requirements will be calculated by reference to the maximum DCSF guidelines as outlined in Building Bulletin 98 and Building Bulletin 99. The specification will also need to meet the needs of the Government's Extended School and Services agenda, comply with current Council design, build and space requirements, meet best practice for the type of school and Government advice on design and environmental issues.

2.2.5 Where an existing off-site Early Years facility is to be extended or upgraded, the Early Years cost per place multiplier will be used to calculate a contribution. Where there is a requirement for a new Early Years facility the developer will be expected to pay the full cost of construction, including design fees and charges and provide the site free of charge. The accommodation requirements will be calculated by reference to Building Bulletin 99 and to the Sure Start Guidance.

2.2.6 Where an existing off-site SEN facility is to be extended or upgraded, the SEN per cost per place multiplier will be used to calculate a contribution.

2.2.7 A formula is set out for the calculation and the following paragraphs and tables provide a breakdown of the expected planning obligations costs the developer will in most cases have to meet. The elements in the formulae below will be subject to annual review in line with government guidance and where new or updated information becomes available from relevant government or Council departments that update current use values or cost indicators, the Council will make amendments to levels of contribution on this basis.

2.2.8 The DCSF cost per place multiplier is the assessment made by the government of the cost of building a primary, secondary and post 16 school place. The DCSF also issue a regional factor for each Local Authority which is derived from the Building Cost Information Service (BCIS) run by the Royal Institute of Chartered Surveyors (RICS). This regional factor is applied to the cost per place multiplier to arrive at the cost of providing a place in Bath and North East Somerset. This multiplier is updated every financial year.

2.2.9 The cost per place multiplier for Early Years provision is derived from actual recent build costs in Bath and North East Somerset.

2.2.10 Building Bulletin 77 issued by the DCSF, provides guidance on the provision of special schools and SEN space. This guidance identifies an average space requirement per SEN pupil as 34m2. Recent average build costs in Bath and North East Somerset are in excess of £2,300 per m2 giving an indicative build cost of £78,200 per place.

2.2.11 The cost per place multiplier for Youth Services is based on actual costs of current provision in Bath and North East Somerset.

The current 2008-2009 DCSF cost per place multipliers (including regional factor) that will be used when calculating contributions are as follows:

Table 2.2.1

2.2.12 The other multipliers that will be used when calculating contributions are as follows:

Table 2.2.2

2.2.13 The Council will be notified of the proposed mix of dwellings in the development and the following formula based on type of dwellings and number of bedrooms will be used to calculate the contribution:

Table 2.2.3

2.2.14 Where the precise housing mix is not known the following will apply:

• early years children age 0-2: 3 places per 100 dwellings of 2 bedrooms or more
  
• early years children age 3-4: 13 places per 100 dwellings of 2 bedrooms or more.
  
• primary school pupils: 31 places per 100 dwellings of 2 bedrooms or more
  
• secondary school pupils: 15 places per 100 dwellings of 2 bedrooms or more
  
• post 16 pupils: 4 places per 100 dwellings of 2 bedrooms or more

Bed sits and temporary housing would not be expected to contribute as the number of children generated would be marginal. All other dwellings of 1 bedroom or more will be included in the calculations.

2.2.15 There is no threshold for contributions and contributions could be sought for any number of dwellings of 1 bed or more from 1 upwards. However, for very small single developments, the Council may consider waiving a contribution if it can be proven to the satisfaction of the Council, that the level of contribution required would jeopardise a proposal's viability and that the school or schools, Early Years provision and Youth Services in the area will not be affected.

2.2.16 When calculating a contribution, the impact of any proposed or previously approved housing developments not yet built will be taken into account.

Contribution Calculations

The following table shows the contribution per dwelling in A3:

Table 2.2.4

Payment of Contributions

2.2.18 As the Council is responsible for providing the additional education infrastructure at a rate which matches the increase in demand from the proposed housing development, any contribution will normally be paid in full on the commencement of the development. Where it is reasonable for the developer to ask for a phased payment arrangement, the Council will require all outstanding sums of money to be bonded and the phased payments made at the completion of agreed percentages of properties. In all circumstances the timing of Section 106 contributions must be such so as to enable the Council to provide additional facilities in sufficient time to meet the increase in demand. All capital sums will be indexed from signature of the Section 106 agreement up to the payment date using the RICS BCIS All-In Tender Price Index. Revenue sums will be indexed using the RPI.

Contact Details

For further information contact:

Schools Capital and Organisation Team

Tel: 01225 395351

E-mail: Schools_organisation@bathnes.gov.uk

Trigger for Obligation Life-long Learning

2.2.19 The trigger for life-long learning contributions will be new housing which will carry a minimum standard cost of £90 per person for a contribution towards libraries.

2.2.20 The type of provision required will range from:

• 216 additional books per 1000 population
  
• 10,000 population - work stations must exceed or equal 6
  
• static library requirement to households - 100% within 2 miles or 88% within one mile
  
• 128 annual hours the aggregate opening hours per 1000populations

What will developers have to provide?

2.2.21 The MLA (Museums, Libraries and Archives) Council have been consulting on a National Public Library Tariff, so that library authorities can be consistent in their approach to developers.

This National Tariff recommends that local planning and library authorities adopt a minimum tariff of £90 per person in new housing, for negotiation with developers. This is made up as follows;

• a minimum standard of 30 sq meters of new library space per 1,000 population
  
• a construction and initial equipment cost of £2,987 per sq meter.

• This gives a cost of (30x £2,987) = £89,610 per 1,000 people or £89.61 per person (rounded to £90). For a new household with an average size of 2.4 persons, the tariff would therefore be £216.

Table 2.2.5

Contribution Calculations

• in the case of libraries the tariff should Apply to all new housing sites from one new unit upwards
  
• apply to sites for affordable or local needs housing, student halls of residence, and residential homes and sheltered housing, the residents of which will also make use of public libraries
  
• allow for pooled contributions, so that contributions from a number of small sites can be assembled together for meaningful enhancements to library provision in the appropriate catchment.
  
• be updated annually to reflect building and equipment cost inflation
  
• form part of any Supplementary Planning Document, produced as part of the local development framework, by the authority.

Contact Details: No contact details given?

2.3 Transport

Policy Background

2.3.1 The policy justification for requesting planning contributions in respect of Transport flows from PPG13 Transport and the Bath & North Somerset Local Plan policies IMP1, T24 and the Bath & North East Somerset Joint Local Transport Plan(JLTP)

2.3.2 The district suffers from traffic congestion and there is a need to ensure that further development does not result in further congestion and an overloading of the highway and transport network. Therefore contributions are anticipated to feed into the objectives of the JLTP which includes the Greater Bristol Bus Network, Bath Public Transport Package, CIVITAS project and the A36 Rossiter Road traffic management and environmental scheme. The aim is to reduce reliance on the vehicular car and promoting other forms of transport to provide sustainable transport.

Trigger for Obligation

2.3.3 The Council will seek planning contributions to any improvements to the transport system necessary due to any impact created by the proposed development.

Access and Local Impact Works

2.3.4 All development, irrespective of size, must be capable of being accessed safely by vehicles, including public transport, pedestrians, cyclists and people with disabilities. To achieve this, the developer may need to carry out and/or fund on and off site works.The type of works secured under this heading may include:

• new junction/site access works for all modes;
  
• works for cycle, pedestrian and disabled facilities close to the site that provide a route for cyclists, pedestrians and the disabled into the site;
  
• traffic calming close to the site if there is a risk of the development generating unsuitable traffic on residential roads close by;
  
• improvements to bus services and/or bus/rail infrastructure;
  
• parking controls in nearby streets where there is a risk of overspill parking from the development.
  
• individualised marketing projects to promote sustainable travel
  
• commuted sums for maintenance of structures, drainage systems, traffic signals and enhanced paving materials.
  
• environmental improvements for the benefit of pedestrians

Strategic Highway and Transport Works

2.3.4 As more development occurs within Bath & North East Somerset, there is increased pressure for travel. To meet JLTP targets this increased demand for travel must be accommodated whilst the increase in vehicles traveling around the highway network in Bath and North East Somerset must be limited. This will only be achieved by ensuring there is a shift from car use to more sustainable modes of travel. This will only happen if the alternatives are available, safe, comfortable, convenient and affordable when compared to the car and have journey times comparable with or quicker than the car.

2.3.5 For development to be accommodated without prejudicing these targets, it should minimise any increase in vehicular traffic by ensuring that those travelling to and from it can do so using more sustainable transport modes than the private car. Development should also contribute towards removing vehicular traffic already on the network to compensate for increases resulting from the development eg by contributing towards Park and Ride facilities.

2.3.6 Contributions will therefore be sought in relation to development which adds 20 trips per day or more to the highway and transport network towards works and/or services to:

• ensure that visitors to and occupiers of a site have available to them and are encouraged to use sustainable modes of travel.
  
• encourage a modal shift to more sustainable modes of travel along transport corridors into town and city centre's to ensure that the additional motorised vehicular traffic from the development can be accommodated without an unacceptable increase in congestion, delays to public transport or reduced safety to any road user.
  
• improve access by walking and cycling to local primary and secondary schools.
  
• improve access by public transport to local hospitals and other amenities
  
• improve the pedestrian environment in city and town centre's
  
• promote walking and cycling by providing a network of pedestrian and cycle routes, including recreational routes.

2.3.7 The works which a contribution is to fund will be specified for each development to ensure that they pass the tests of Circular 05/2005. The works will be schemes required to achieve the objectives of the JLTP by improving the quality, safety provision and reliability and ease of use of sustainable modes of travel along that corridor and the safety of all modes of transport.

2.3.8 The works will be based on strategies and action plans included in the JLTP, but not anticipated to be fully funded through the Capital Programme and works to achieve these strategies may include:

• bus facilities including bus priority measures, junction improvements, improvements to bus stops, the provision of real time information.
  
• funding of bus services
  
• improvements to rail stations
  
• park and ride (facilities and/or services)
  
• cycle facilities
  
• pedestrian facilities
  
• disabled facilities
  
• traffic management (eg provision of variable message or other signing, traffic calming and speed management, traffic regulation orders)
  
• on street parking controls
  
• car clubs
  
• off street public car parks in urban centre's
  
• improvements to the pedestrian environment in town and city centres.

Onsite works, services or incentives

2.3.9 Onsite works, services and incentives required to encourage occupants of residential development to use more sustainable modes of travel to access local services may also be sought by planning condition and/or as part of a Section 106 Agreement. Measures to encourage visitors, employees and customers of non residential development to travel by a means other than private car may also be sought as part of Section 106.

2.3.10 The type of works secured under this heading may include, on site cycle,pedestrian, disabled and public transport facilities travel plans (for employment/retail/educational developments, which may include things such as car sharing, free bus passes, interest free loans for cycle/bus pass purchase. Lockers showers, provision of travel information, car park charging amongst other things) provision of travel information, cycles and free bus passes (in residential development)

What developers will be expected to provide?

2.3.11 The developer will be expected to provide a contribution in instances where the threshold for transport contributions is triggered as outlined above.

2.3.12 The contribution that would be required from the developer would be calculated by multiplying the contribution rate per trip by the maximum number of trips per day and then applying a discount depending on the location of the site and the existing level of accessibility by public transport or by walking as represented by the following formula.

• Contribution = t x n x d
  
• Where t = contribution per trip
  
• n = number of trips per day

Calculation of Developer Contribution

2.3.13 The calculation of developer calculation will be as follows:

i. Estimated Funding Gap at 31^st July 2008 (see Table 2.3.1 below)

£6,297,000

ii. Forecast at 31^st July 2008 of development not previously subject to legal agreements but expected to be implemented between 2008 and 2011.

1032 units Dwellings

9400 sqm B1

21150 sqm B2

0 sqm B8

2000 sqm Food Retail

0 sqm Non-Food Retail

iii. Approximate multi-modal daily trip rates by development type

7.0 per unit dwellings

18.7 per 100 sqm gfa B1

7.5 per 100 sqm gfa B2

9.4 per 100 sqm gfa B8

96* per 100sqm gfa Food Retail

51* per 100sqm gfa Non-Food Retail

* - variable, to be negotiated on site by site basis

iv. Estimate at 31^st July 2008 of the total number of daily trips generated by forecast development:

= 12488

Developer contribution towards funding gap required per trip at 31^st July 2008 £504-24

Table 2.3.1

Table 2.3.2 below gives further information regarding the Council's requirements for Public Transport and Infrastructure provision:

Table 2.3.2

Criteria for Public Transport Bus Service and Infrastructure Provision

4 buses per hour 0700-1900 Mondays to Saturdays to the main locally accepted centres of employment, shopping, medical and leisure purposes.

Appropriate services to any locally accepted subsidiary employment, shopping, medical or leisure centres.

A feeder service to the appropriate local rail station.

Services providing a direct and convenient link between all parts of the development and any local shops, schools, medical centres and leisure facilities.

Bus stop within 400m maximum walking distance of entrance to furthest building for occupation within development.

Bus stop, with lay-bys where appropriate, shall be provided with high quality bus stop furniture including shelters, stop posts with plates and timetable information displays.

Footpaths shall provide a direct, convenient and safe pedestrianised route to any bus stops. Direct routes shall be provided between neighbourhood areas for buses, with bus gates where required.

Minimum bus requirement = Optare Solo, or equivalent and Euro IV compliance.

Public transport service levels shall be provided by either:

A free-standing service

A diversion of an existing service

Reinforcement of the frequency

A combination of the above

Highways on the development shall be of sufficient width to accommodate buses without undue difficulty and turning circles shall be provided for buses where appropriate.

2.4 Green Space & Play

Policy Background

2.4.1 The policy justification for requesting planning contributions in respect of Green Space flows from PPS1 Sustainable Development, Planning PolicyGuidance (PPG) 17 Planning for Open Space, Sport and Recreation down to the Bath and North East Somerset Adopted Local Plan Policies IMP1 and CF3 and SR3 and the Council's Green Space Strategy.

Trigger for the Obligation

2.4.2 The Council will seek planning contributions where development would create a demand for additional green space and/or places additional pressure on existing facilities. The trigger will in general be activated by residential development. However, it is recognised that other proposals such as commercial development (for example, offices, retail or tourism proposals) could trigger the need for planning contributions towards the provision of Green Space.

What developers will be expected to provide?

2.4.3 There are three categories of Green Space for which contributions may be sought as follows:-

• Formal Green Space (including Doorstep Green Spaces, Local Green Spaces, Neighborhood Formal Green Spaces, District Formal Green Spaces)
  
• Natural Green Spaces (including Neighborhood Natural Green Spaces, District Natural Spaces)
  
• Allotments

2.4.4 All development attracting green space planning obligations will create additional potential demand for use of green space set out above (apart from allotments in the case of non-residential development). Where the council is taking financial contributions towards green space provision to meet the local standards, the commuted sums will be directed towards providing the full range of faculties in the hierarchy. However, in the case of the provision on site by developers, there will be very few circumstances where the full range of facilities can be achieved within the application site given the size and scale of Neighborhood and District Green Spaces. The council will, therefore, in cases where only doorstep or local green spaces are provided on site, require an additional contribution from the developer to enhance the facilities of the neighborhood and district formal green spaces. This contribution will be equal to 50% of the normal off site contribution.

2.4.4 The calculation is based on local standards of provision as follows:

Table 2.4.1

2.4.5 Generally, on site provision will be required where the size, topography and other characteristics of the application site makes this feasible. On site green space should be an integral part of the development's design concept and should fully take account of, for example, considerations relating to access, orientation, topography, biodiversity and the character of the locality.

2.4.6 Where green space is provided by the developer, it must be maintained to the satisfaction of the Council for a period of no less than 12 months. In some cases this period may be extended (e.g. if remedial works required prior to transfer are not completed within an agreed timescale). Developers will then be required to dedicate the green space and any associated facilities (e.g. changing facilities, play equipment, landscaping) to either the District or Parish Council and to make a capital commuted contribution to cover their maintenance over a 15 year period.

2.4.7 The commuted sums used by the Council represent the cost of maintaining the different types of open space per annum and will be revised annually. The current rates (2007/08) are as follows.

Table 2.4.2

2.4.8 In cases where a proportion of the required green space is to be provided on site with the rest off-site, there will be a need for a similar level of financial contribution towards annual maintenance, but also a contribution to pay for the capital costs of construction. The current rates for the construction costs (2007/08) are as follows:

Table 2.4.3

2.4.10 NB -these rates do not include land purchase which would be an additional cost to be added. These rates include a 6% supervision fee.

Alternatively it may be that offsite provision can be made (at least in part) through enhancement of existing facilities rather than new construction. The current rates (2007/08) for off-site enhancement are as follows.

Table 2.4.4

2.4.11 This is a combined cost which includes both capital and commuted revenue elements. The capital element includes a 6% supervision fee. If the quantity of land dedicated by the developer to the Council is greater than the minimum local standards, then the commuted sums to cover maintenance will relate to the total land area not just that required by the standards. In all cases the calculation is to be based on the anticipated net increase in population based on the following occupancy rates.

Table 4.2.5

Play Space

Trigger for Contribution

2.4.12 A contribution to play provision should be sought from developers regardless of the size of development due to the flexible nature of how play services can be delivered.

2.4.13 Where families and children do not find adequate places to play near their homes they will travel, frequently by car, to neighbouring areas that offer opportunities for play. A primary objective of sustainable communities must be to encourage people to access services within walking distance of their homes. Barriers to movement such as busy roads and rail lines can limit the catchment area of play provision and mean that children and young people do not have access to facilities within reasonable distance from their homes.

2.4.14 Where there contributions towards play are too small to develop play services that stand alone and cater for the specific area of the development they will be used to enhance play services nearby. For example additional time for Community Play Rangers working in the vicinity to develop play sessions in an open space that is accessible on foot to families and children from the new development.

What developers will be expected to provide

2.4.15 Where developments are likely to have 100 or more houses a Play Impact Assessment will be carried out to examine what impact the development will have upon both children and young people living in the surrounding area and children and young people who will be living in the new development.

2.4.16 Play Impact assessment which will carry a developer cost of £200 will analyse the following issues relating to the development;

1. What is the likely increase in local population from the new development?

2. What is the potential child yield of the development?

3. Does the development have potential (due to location, size, proximity to other areas) to detract from children's exiting play experiences.

4. What is the proximity to existing play services and play areas?

5. What is the proximity to existing green space (both informal and formal)

6. Are there any physical barriers that will affect children's access to play in the area?

7. What are the existing social issues in the surrounding area that effect children's ability to play freely?

8. Are there routes that are easily accessed by children and young people to local community amenities?

Calculating how much planning gain is made available for play

Cost of Community Play Ranger Scheme

Cost per annum of Community Play Ranger Scheme £30,000

Number of Children served £ 382

Cost Per Child £79

Cost Per Residential Unit (2 bed +) at .239 per unit £18.88

Commuted Sum @ Factor of 10 £188.80

2.5 Sport & Recreation

Policy Background

2.5.1 The policy justification for requesting planning contributions in respect of Sport & Leisure flows from PPS17 Planning for Open Space, Sport and Recreation down to the Bath and North East Somerset Local Plan IMP1 and SR3.

Trigger for Obligation

2.5.2 All new residential developments (including single dwellings) place additional burdens on sport and recreation facilities and therefore contributions will be sought towards their provision and maintenance

What developer will be expected to provide?

2.5.3 Sport and recreational facilities can be provided on or off site. Where possible the requirement should be provided on site, as it is usually the most practical way to serve the recreational needs of residents of the new housing development unless the provision can be more cost effectively meet if combined with an identified shortfall off site.

On Site Provision

2.5.4 On site provision is an option where:

• there is a deficiency in the local area for provision.
  
• developments are large enough to create their own demand for facilities and the sum of contributions is large enough to create a site of appropriate size.

Off Site Provision

2.5.5 Off site provision is an option where:

• there is a local deficiency in the quantity of provision.
  
• there is a local deficiency in the quality of provision.
  
• the development is not large enough to create demand for on site provision.

2.5.6 Off site provision can be delivered through:

• the creation of new sites within the same analysis area as the development by the housing builder.
  
• the enhancement of facilities within the appropriate analysis area by the developer.
  
• the provision of a contribution to be used to create/upgrade provision within the District.

Thresholds

2.5.7 In all cases the calculation is to be based on the anticipated net increase in population. Therefore, the theoretical occupancy rate of any existing dwellings to be lost in the proposed development is deducted from the demand generated. The Local Plan occupancy rates are as follows:

Table 4.2.6

In the case of non-residential forms of development attracting planning obligations (i.e. office and retail) the following occupancy and contribution rates will apply:

Table 4.2.7

Employees of such development will only be likely generate demand for the use of facilities in the locality of the development for a smaller proportion of the time than local residents or hotel guests. This is reflected in the contribution rate.

2.5.8 The minimum provision standards for sport and recreational provision are summarised in the Appendix 2. Quantity standards for the period to 2011 are calculated by:

A. calculating current provision in square meters.

B. calculating future additional requirements in square meters.

C. adding A to B to calculate total future requirements.

D. dividing C by projected future population (i.e., 181,700).

E. multiplying D by 1,000.

(Note: the Assessment does not identify any `over provision', which is not included in this calculation)

Table 4.2.8

2.5.9 For residential development the calculation of financial contributions will be based on the following information:

• potential number of persons per dwelling in new development.
  
• the future spatial requirement for the provision of the required type of facility.
  
• the cost per sq. m of provision and maintenance of the required facility or enhancement of existing facilities.

2.5.10 When a financial contribution is secured in lieu of new development, it will be used to improve existing facilities or purchase new land for recreation. Financial contributions will be required where it is clear that the new development would create additional demands for such facilities. Generally financial contributions will be directed towards local facilities.

2.5.11 Circumstances where 'off site provision' or a payment of a financial contribution to improve existing provision may be acceptable are:

• where the development site is too small or of an inappropriate shape to reasonably accommodate sport and recreation facilities.
  
• high density schemes in the urban areas where on site provision would not optimise the use of land or meet sustainability objectives.
  
• where topography or other site constraints would not allow for acceptable provision. Examples include sites which flood, or with steep gradients or other site features, such as pools, streams, vegetation or man-made structures which would prevent effective use as a sport / recreation area.

2.5.12 Where new off site provision is proposed, an area should be identified by the developer in consultation with the Local Planning Authority. The area identified should be within easy walking distance of the new development and should be consistent with the layout and sitting principles referred to elsewhere in this guide.

2.5.13 Where a financial contribution is required, the form of the proposed improvements should be in consultation with the community.

The level of commuted payment is calculated from the number of houses.

Commuted Sums for Maintenance

2.5.14 Where facilities are provided by the developer, they/it must maintained to the satisfaction of the Council for a period of no less than 12 months. In some cases this period may be extended (e.g. if remedial works required prior to transfer are not completed within an agreed timescale). Developers will then be required to dedicate the facilities, including ancillary facilities to either the District or Parish Council and to make a capital commuted contribution to cover their maintenance over a 15 year period following adoption by the Council.

Capital Costs of Provision

2.5.15 The table below outlines the costs of various components of sport and recreation provision. Figures are based on data provided by Sport England for 4^th Quarter 2007. They will be updated annually.

2.5.16 The following costings are for the development of community sports facilities and are based on the costs of providing good quality sports facility for the 4^th Quarter 2007. These rounded costs are based on schemes most recently funded through the Lottery, updated to reflect current forecast price indices for 4^th Quarter 2007 provided by the Building Cost Information Service (BCIS).

Table 4.2.9

2.5.17 The costs above include allowances for the following:

• external works (car parks, roads, paths, services connections etc) are included at an average rate of 15% addition to the cost of the works.
  
• fees are included at 15% for;

a. ports Halls

b. pools

c. changing rooms

d. indoor tennis centres

e. indoor bowls centres

f. fees are included at 5% for:

g. synthetic Turf Pitches

h. multi-use games areas

i. athletics Tracks

j. outdoor tennis courts

The costings above exclude the following:

• inflation beyond current 4^th Quarter 2007 prices.
  
• site abnormals such as poor ground conditions, difficult access, long service connections.
  
• VAT.
  
• land acquisition costs.
  
• regional cost variations in materials and labour.

Commuted Sums for Future Maintenance

2.5.18 All schemes that necessitate sport and recreation facility provision will require the developer to maintain the facility or pay for the maintenance costs incurred by the scheme. The contributions will be in the form of a commuted sum payment, which relates to the size and content of the facility. The table below shows the commuted sum calculation for a new facility comprising a 25 metre swimming pool, fitness suite, small hall, reception and two changing rooms (i.e., a total of 494.5 square metres) - criteria used should be appropriate to the facility. Costing for specific developments should be carried out in conjunction with the facility's `operator' or `manager'.

2.5.19 In the table it is assumed that the machinery for maintenance is leased over a five year period and written off over the same period. The cost of consumables and maintenance should be included but finance costs for the machinery should not. The frequency of operations should be in line with current maintenance schedules but may be adjusted according to site.

Example Calculation of Financial Contribution for Future Maintenance

2.5.20 The table below provides a format of the calculation of financial contribution. It is based on a facility comprising a 25 metre swimming pool, small hall and MUGA. The table provides indicative costs for maintaining this type of sport and recreation facility.

Table 4.2.10

Example Calculation of Financial Contribution in Lieu of on Site Provision

2.5.21 The table below provides a format of the calculation of financial contribution. It is based on a facility comprising a 25 metre swimming pool, small hall and a MUGA.

Table 4.2.10

Notes:

• number of people generated by development equates to size of development (i.e., the number of dwellings) multiplied by 2.3 (i.e., the average number of persons per dwelling)
  
• space requirement generated by development equates to the number of people divided by 1,000, multiplied by the quantitative standard identified in table 4.
  
• capital costs of provision are derived from table 7.
  
• capital costs required equals the capital cost of provision divided by the space requirement.
  
• maintenance costs of provision per m² are derived from table 8 (i.e., £120.99).
  
• maintenance costs (per annum) equal the space requirements multiplied by maintenance cost of provision per m².
  
• the value of the total maintenance cost should equate to 10 years maintenance.
  
• total contribution is the capital costs and the maintenance costs of space required added together.

3.0 Case Studies

Case Study 1

Case Study 2

Case study 3

1 Spatial requirement includes the recommended minimum size for a single facility plus 15% for circulation, changing accommodation, reception, run-off (as required) etc.