S106 PLANNING OBLIGATIONS SPD - Draft

Borough Council of Wellingborough – Draft PLANNING OBLIGATIONS SPD 1

Planning Obligations

Draft S106 Supplementary Planning

Document (SPD) February 2014


Contents 1 Have your say on this Draft Document 4 How to comment 4 Next steps 4 2 Introduction 5 Scope of this document 5 Purpose of this SPD 6 Status of the SPD 6 Consultation Process 6 3 Statutory Background and Policy Guidance 7 National Planning Policy Overview 7 The Town and Country Planning Act (TCPA) 1990 7 The National Planning Policy Framework (NPPF) 7 The Community Infrastructure Levy (CIL) 8 North Northamptonshire Core Spatial Strategy 9 Borough of Wellingborough Local Plan 9 Corporate Objectives 10 4 CIL and S106 Planning Obligations 11 CIL vs. S106 matrix 11 Planning Obligation Types 12 5 Affordable Housing 13 Policy Background 13 Definition of Affordable Housing 14 Method of calculation 14 Location of Affordable Housing 14 Viability Considerations 14 Design Considerations 15 Triggers 15 Further information 15 6 Highways, Access and Transport 16 Policy Background 16 What is covered by CIL and planning conditions? 16 Possible S106 Obligations 17 Method of calculation 17 Threshold for Obligations 18 Timing/Trigger for payment or provision of works 18 Further Information 19 7 Education 20 Policy Background 20 What is covered by CIL? 20 Possible S106 Obligations 20 Method of calculation 21 Threshold for Obligations 23 Timing/Trigger for payment or provision of works 23 Further Information 23 8 Emergency Services and Public Safety 24 Policy Background 24 What is covered by CIL? 24 Possible S106 Obligations 24 Method of calculation and Threshold for Obligations 25


Timing/Trigger for payment or provision of works 25 Further Information 25 9 Open Spaces, Outdoor Sports and Recreation 26 Policy Background 26 What is covered by CIL? 26 Possible S106 Obligations 27 Method of calculation 27 Threshold for Obligations 28 Timing/Trigger for payment or provision of works 29 Further Information 29 10 Skills, Training and Employment 30 Policy Background 30 Possible S106 Obligations 30 Method of calculation/Threshold/Timing 30 Further Information 31 11 Healthcare 32 Policy 32 12 Indoor Sports and Community Facilities 33 Policy Background 33 What is covered by CIL? 33 Possible S106 Obligations 33 Method of calculation and threshold for obligations 33 Timing/Trigger for payment or provision of works 34 Further Information 34 13 Public Realm and Public Art 35 Policy Background 35 What is covered by CIL? 35 Possible S106 Obligations 35 Method of calculation/Threshold for Obligations 36 Timing/Trigger for payment or provision of works 36 Further Information 36 14 Other Site Specific Measures for Sustainable Development 37 Biodiversity/Habitats 37 Policy Background 37 Possible S106 Obligations 37 Method of Calculation 38 Timing/Phasing of payments 38 Energy Efficiency and Sustainable Construction 38 Waste Management 39 Bespoke Items 39 15 Implementation of the Planning Obligations SPD 40 Pre-application stage 40 Planning Assessment Stage 40 Resolution to grant planning permission 40 Implementation 41 16 Viability Considerations 42 Policy Background 42 The Protocol 42 Possible Actions 43


Part 1 Have your say on this Draft Document

1.1 This draft Planning Obligations Supplementary Planning Document (“SPD”) sets out the Borough Council of Wellingborough’s (“the Council”) policy and procedures for securing developer contributions from new applicable developments that require planning permission. 1.2 It identifies project types and thresholds to which planning obligations may be applicable, depending on the scale of proposed development. 1.3 The draft SPD, read together with the documentation relating to the Council’s Community Infrastructure Levy (CIL) Draft Charging Schedule (“DCS”), provides clear guidance to developers, landowners and stakeholders on the scope and scale of planning obligations likely to be applicable to different scales and types of development. 1.4 This draft SPD forms background evidence to the work relating to the DCS is published for consultation for a period of six weeks from 9am on 9th May to 5pm on 20th June 2014. The DCS consultation material is available at: http://www.wellingborough.gov.uk/info/200144/community_infrastructure_levy/1172/community_infrastructure_levy

How to comment 1.5 We would like to receive any comments you may have on the draft SPD. You can view the draft SPD and associated documentation on the Council’s website at: http://www.wellingborough.gov.uk/info/1004/planning_policy/1229/consultation_documents_and_events 1.6 You can also view printed copies at the following places:

The Council’s Reception Desk, Swanspool House, NN8 1BP between 08:30 and 17:00 on Mondays –Wednesday; 08:30 – 16:30 Friday; and 09:30 and 17:00 on Thursday.

All local libraries You should put your comments in writing and send to Borough Council of Wellingborough, Swanspool House, NN8 4BP, or by e-mail to [email protected]. The closing date for comments is 5pm on Friday, 20th June 2014.

Next Steps 1.7 All comments will be reviewed before the final SPD is adopted. All comments received will be published and personal information will be processed in line with Data Protection Act.

http://www.wellingborough.gov.uk/info/200144/community_infrastructure_levy/1172/community_infrastructure_levy

http://www.wellingborough.gov.uk/info/200144/community_infrastructure_levy/1172/community_infrastructure_levy

http://www.wellingborough.gov.uk/info/1004/planning_policy/1229/consultation_documents_and_events

http://www.wellingborough.gov.uk/info/1004/planning_policy/1229/consultation_documents_and_events

mailto:[email protected]


Part 2 Introduction

Scope of the Document 2.1 Proposed development creates demand for new or additional infrastructure. The infrastructure may be directly related to the development (site specific/local) or indirectly related (strategic) and is required in order to support sustainable growth. 2.2 The Community Infrastructure Levy (CIL) Regulations1 have significant implications on the way the Council will secure funds towards the required infrastructure. The regulations place restrictions on the use of pooled S106 contributions and also set statutory tests that each obligation must satisfy in order to be acceptable as a reason for granting planning permission. 2.3 As part of evidence to the CIL Charging Schedule, the Council has identified in the Infrastructure Plan (IP) some of the infrastructure types and projects required to support the spatial strategy for the Borough as set out, as far as is consistent with the National Planning Policy Framework (NPPF)2, in the Development Plan3. The IP forms part of the CIL Charging Schedule and should be read alongside this SPD. It is not exhaustive but only identifies potential projects to be funded by CIL. 2.4 This SPD sets out what will be required through Section 106 planning obligations. It identifies the types of infrastructure for which obligations will be sought, depending on the scale of development, and outlines the Council’s general approach and procedures to securing these contributions. 2.5 It should be noted that this SPD is a general guide based on the common types of obligations sought from development typologies common in the borough. It does not exhaust the types of obligations which the Council may seek from new development. Proposed developments will be assessed on a site by site basis taking into consideration individual circumstances of each site and the need generated by the development. 2.6 With the exception of outdoor open space, sport and recreation facilities, this document will not provide formulae for the calculation or estimation of S106 obligations. The relevant statutory undertakers or service providers will advise, through the planning application process, including pre-application advice, what the S106 contributions ought to be. The relevant body might also have its own guidance, for example, The Northamptonshire County Council (“NCC”) Planning Obligations Framework and Guidance (March, 2011)4 which contains detailed advice on contributions towards highways, education and libraries.

1 The Community Infrastructure Levy Regulations (2010) (as amended) available at http://www.legislation.gov.uk/ukdsi/2010/9780111492390/contents

2 National Planning Policy Framework (2012) available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf

3 The Development Plan for Wellingborough comprises The North Northamptonshire Core Spatial Strategy (2008), Saved Policies of Wellingborough Local

Plan (2004) and Wellingborough Town Centre Area Action Plan (2009) 4 Planning Obligations Framework and Guidance available at

http://www.northamptonshire.gov.uk/en/councilservices/Environ/economic/arc/Documents/PDF%20Documents/POFG%20March%202011.pdf

http://www.legislation.gov.uk/ukdsi/2010/9780111492390/contents

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf



Purpose of this Document 2.7 This document provides detailed guidance to the Core Spatial Strategy (CSS) and saved policies of the Wellingborough Local Plan. The purpose of this Supplementary Planning Document is, therefore, to:

Set out the Council’s policies and procedures for securing developer contributions

Explain the relationship between CIL and S106 planning obligations and how these will be used to avoid ‘double dipping’, that is, a situation where both mechanisms fund the same infrastructure project from the same development.

Provide clear guidance to developers, landowners and stakeholders on the scope and scale of planning obligations likely to be sought for different developments.

Status of the SPD 2.8 The SPD is prepared under the 2004 Planning and Compulsory

Purchase Act (“the 2004 Act”) and in accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012.

2.9 The SPD is not part of the statutory Development Plan but is a material

consideration in determining planning applications. Paragraph 153 of the NPPF advises that SPDs should only be used to help applicants make successful planning applications or aid infrastructure delivery and not to add unnecessary financial burdens on development.

2.10 When adopted, it will present a robust and defensible explanation as to

the circumstances where s106 planning obligations may still be sought. It will supersede the Wellingborough Planning Contributions Guide for Local Infrastructure adopted in 2009.

Consultation Process 2.11 The preparation of this draft SPD has had regard to informal

discussions with key stakeholders. If approved for consultation, the draft SPD will be subject to a statutory six week public consultation in accordance with Town and Country (Local Planning) (England) Regulations 2012.

2.12 Following the conclusion of public consultation, the representations received from and the Council’s response to these will be set out in a separate document which will be available on the Council’s website. The SPD will be adopted once CIL has been implemented or after 6 April 2015, whichever is earlier, at which point it will supersede the current guidance.


Part 3 Statutory Background and Policy Guidance

National Planning Policy Overview 3.1 The statutory framework for planning obligations is set out in Section 106 of the Town and Country Planning Act 1990, as amended by Section 12 of the Planning and Compensation Act 1991 and Regulations 122 and 123 of the Community Infrastructure Levy (CIL) Regulations 2010 and CIL (Amendment) Regulations April 2011, November 2012 and April 2013.

The Town and Country Planning Act 3.2 Under Section 106 of the Town and County Planning Act (TCPA) 1990 (as amended), the planning authority can legally enter into an agreement (“s106 agreement”) with developers in relation to planning applications to make unacceptable development acceptable in planning terms. These agreements can be in the form of unilateral undertakings which are solely signed by persons with interests on the land.

The National Planning Policy Framework 3.3 Published in March 2012, the National Planning Policy Framework (NPPF) is the overarching policy on planning in England. It sets out government policy on use of obligations, replacing Circular 05/05 “Planning Obligations”. The NPPF defines a planning obligation as “a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal”.5 3.4 Paragraph 203 of NPPF states that planning obligations should be used to make unacceptable development acceptable in planning terms. They should only be used where it is not possible to address the unacceptable impacts through planning conditions. Planning Obligations can be used in the following ways:

Prescribe the nature of a development e.g. by requiring a proportion of affordable housing within a development

Secure a contribution from a developer to compensate for loss or damage created by a development e.g. loss of open space

Mitigate the impact of a development impact, e.g. through increased public transport provision

3.5 Paragraph 204 sets out the three statutory tests all obligations should

meet:

(i) necessary to make the development acceptable in planning terms;

(ii) directly related to the development; and

5 Annex 2 - page 54


(iii) fairly and reasonably related in scale and kind to the development.

3.6 The NPPF also provides that local planning authorities should take account of viability and changes in market conditions over time and should be as flexible as possible to prevent planned development being stalled.

3.7 Further guidance on the range of planning obligation types available and in what circumstances it is appropriate for them to be used is found in “Planning Obligations: Practice Guidance, 2006”, available at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/7770/151363.pdf.

The Community Infrastructure Levy 3.8 The Community Infrastructure Levy (CIL) is a planning charge introduced by the Planning Act 2008 that Local Authorities can choose to adopt. It came into force through the Community Infrastructure Levy Regulations 2010 (as amended). 3.9 When adopted, CIL charge will complement planning obligations but, unlike S106 planning obligations, CIL monies are pooled into one fund which can be used for any infrastructure needed to support new development across the Borough’s administrative area. CIL receipts can also be used outside the borough’s administrative area should a strategic need be identified, for example, flooding and highways. S106 planning obligations will continue to be used to mitigate site specific impacts. 3.10 The introduction of CIL has significant implications on how planning obligations will be used. Regulation 122 reaffirms the tests set out in paragraph 204 of the NPPF, to be applied to all obligations secured from 6 April 2010. 3.11 With effect from 6 April 2015, or earlier if the CIL Charging Schedule is adopted before this date, CIL Regulation 123 prevents the pooling of more than 5 planning obligations to fund the same infrastructure project or type of infrastructure. This limit will apply to all S106 obligations entered into on or after 6 April 2010 (the date the CIL Regulations took effect). 3.12 The Council consulted on the CIL Preliminary Draft Charging Schedule (PDCS) from 9th November 2012 to 21st December 2012. Further details of the PDCS, including related documentation explaining the key features of the charge, its rationale, purpose and how it will work in practice are available at http://www.wellingborough.gov.uk/info/200144/community_infrastructure_levy. 3.13 The Council is consulting on the CIL Draft Charging Schedule (DCS) from xxx to xxx. The consultation material is available at the Council Offices and all Libraries. This SPD forms background evidence to be used at the DCS examination and should be read in conjunction with the Draft Charging Schedule and supporting documents.



http://www.wellingborough.gov.uk/info/200144/community_infrastructure_levy


North Northamptonshire Core Spatial Strategy (“CSS”) 3.14 In North Northamptonshire, the principal framework for planning obligations is contained in policy 6 of North Northamptonshire Core Spatial Strategy (CSS)6. The policy states that “Developers will either make direct provision or will contribute towards the provision of local and strategic infrastructure required by the development either alone or cumulatively with other developments”.7 It identifies community facilities, including community centres; local leisure facilities; open spaces and local transport facilities among the local infrastructure list.

Borough Council of Wellingborough Local Plan 3.15 Saved Policy G25 (Planning Obligations) of the Local Plan makes clear that the Council will not grant permission for development unless the following exist or are provided:

Necessary infrastructure or physical works; Open space, recreational, sporting or other community provision, the

need for which arises from the development; and Provision to offset the loss of or adverse impact on a resource of

amenity caused by the development. 3.16 This SPD supports and complements the Core Strategy and Local Plan by identifying where contributions are likely to be required. The developer contributions will be used in conjunction with planning conditions and CIL to ensure that new development contributes in a positive way to achieve sustainable development and provide for the timely delivery of infrastructure made necessary by that development. 3.17 It is expected that developers will consult and agree with the Council at an early stage in the formulation of their development proposals and the scale of obligations they are expected to undertake. The SPD will be a material consideration in the decision making process and should be read in conjunction with the latest Northamptonshire County Council (“County Council”) guidance on obligations8 in respect of the statutory services provided by the County Council. 3.18 Other policies in the Core Strategy and Wellingborough Local Plan provide specific and detailed justification for various types of planning obligations. These include CSS policy 15: “Sustainable Housing Provision” which deals with affordable housing and saved policies of the local plan: L7 (Provision of New Recreational Open Space); G16 (Art and Design) and L2 (New community Facilities). Such policies will be referred to in relation to specific infrastructure types under relevant parts of this SPD.

6 The CSS is undergoing review but it is expected that a successor policy will retain the premise for S106 Obligations.

7 Page 41 – CSS (2008)

8 A Planning Obligations Framework and Guidance available at




Corporate Objectives 3.19 The SPD seeks to address the Council’s corporate ‘PRIDE’ objectives9, which set out the priorities for the Council and how they will be achieved. The objectives relate to:

Promoting high quality growth; Reducing crime and anti-social behaviour; Improving life chances for young people; Delivering efficient and responsive services; and Enhancing the environment.

9 Corporate Business Plan 2011-2014 available at http://www.wellingborough.gov.uk/downloads/file/5504/corporate_business_plan_2011-14

http://www.wellingborough.gov.uk/downloads/file/5504/corporate_business_plan_2011-14


Part 4 S106 CIL and S106 Planning Obligations 4.1 With the introduction of CIL, it is important that developers are very clear about what the Council will expect them to pay in contributions to avoid actual or perceived ‘double dipping’, that is, a situation where developers pay twice for the same infrastructure item from a single development. Equally, the community should be better able to understand how new development is contributing towards infrastructure projects in the borough. The amount of CIL payable will be a material planning consideration in decision taking.

CIL vs. S106 Matrix 4.2 Table 1 demonstrates the relationship between CIL and S106 obligations. It shows the common infrastructure types that will be covered by Section 106 Planning Obligations and what will be covered by CIL. The list is not exhaustive and should only be used a guide. Further detail on specific projects to be funded through CIL is contained in the CIL Regulation 123 List.. Table 1: S106 obligations vs. CIL

Infrastructure Type CIL S106

Affordable Housing x

Highways, Access and Transport Strategic Highways and Transport x Site Specific infrastructure (e.g. road safety

improvements, highway capacity improvements, mini-roundabouts, access infrastructure, footways and cycle infrastructure, etc) and Transport measures (e.g. travel plans, bus routes)

x

Education Primary Schools, school extensions and on-

site secondary schools x

Secondary Schools (additional, new and extensions)

x

Public Realm and Public Art Public Realm Projects x Site specific Public Realm and Art x

Health and Well-being Improvements to Existing Primary Healthcare

provision ? ?

Provision of new Primary Healthcare Facilities ? ?

Indoor Sport and Community Facilities Multi-use x Youth centres x Leisure centres x Site specific (on large developments) x

Libraries

x

Fire and Rescue Fire hydrants

x


Fire Rescue Infrastructure x

Open Spaces, Outdoor Sport and Recreation Children and youth play areas X

Amenity areas X

Provision of new Strategic x

Flood Protection and Water Management Strategic Flood Alleviation Measures x Site specific Flood Mitigation Measures x

Skills Training & Enterprise Job brokerage Skills training Apprenticeships/work placements

x x x

Biodiversity/Habitats x

4.3 The items included on the R123 list cannot be used funded by planning obligations. This means there should be no overlap between S106 obligations and CIL. The Council will constantly monitor the relationship and boundaries between these mechanisms, taking into account statutory and other relevant guidance to ensure no single development contributes to the same infrastructure through their CIL payments and through any signed s106.

Planning Obligation Types 4.4 The following sections of the SPD will set out the:

Individual planning obligation types which may be required as part of any S106 Agreement,

Policy background to such obligations, Council’s approach to the determination of the level and scale of

contributions, Triggers or thresholds at which they will be required, and Any other relevant information.

4.5 The obligation types discussed in the ensuing sections are not exhaustive. Where appropriate, the Council may find it necessary to secure other obligations not discussed in this SPD. In all cases, the Council will ensure that the obligations satisfy the statutory tests as discussed in paragraph 3.5 and 3.10 above. 4.6 The use of the two mechanisms for funding infrastructure listed in Table 1 will be guided by the following overarching principles:

S106 contributions will be limited to site specific needs, e.g. on-site public open space

S106 contributions will not be sought in relation to projects identified in the R123 list. In other words, the two mechanisms are mutually exclusive

Developer contributions for affordable housing are excluded from CIL and will continue to be sought through S106 Agreements.


Part 5 Affordable Housing Policy Background 5.1 Affordable Housing in Wellingborough will be provided in accordance with Policy 15 (Sustainable Housing Provision) of the Core Spatial Strategy and saved Policy H8 (Affordable Housing) of Wellingborough Local Plan. These policies are under review to reflect national policy as set out in the NPPF. Once the emerging policies are adopted, affordable housing will be provided in accordance with the development plan prevailing at the time of the determination of the planning application. 5.2 Policy 15 of the CSS sets the affordable housing target at 30% on all new developments10. 5.3 Saved local plan policy H8 sets out the following thresholds to which the target will be applied, having regard to housing need, scale and location of the development and site and market conditions.

In settlements less than 3000 and in developments of 15 or more dwelling houses or 0.5 or more hectares

In settlements more than 3000 and in developments of 25 or more dwelling houses or 1 or more hectares

5.4 Saved local plan policy H9 provides that residential development within or on the edge of villages where planning permission would not normally be granted may be allowed where such a development is intended solely for affordable housing; the site lies within or at the edge of the village; the development is of small scale and the proposal is subject to a legal agreement to reserve the accommodation in perpetuity for affordable housing. 5.5 Paragraphs 50 and 54 of the NPPF require local planning authorities to set policies to secure the provision of site-specific affordable housing and, in rural areas, to set rural exceptions sites for provision of affordable housing or policies which allow an element of market housing to facilitate the provision of significant affordable housing to meet local needs. 5.6 Subject to viability evidence referred to in paragraph 5.11 below, the Council will use the above policies to negotiate planning obligations relating to the following elements of affordable housing:

Number of units Type of units Tenure of units Location of units Commuted sums in lieu of provision where appropriate

10

New buildings include conversions or redevelopments


Definition of Affordable Housing 5.7 In applying this guidance, the Council will adopt the definition of affordable housing set out in Annex 2 of the NPPF. For further guidance on its interpretation, please contact the Housing Section of the Council.

Threshold/Method of calculation 5.8 As a starting point, the Council will negotiate the provision of affordable housing on the basis of policy 15 of the CSS and H8 of the Local Plan to determine the amount of affordable housing a new development will contribute but this will depend on viability considerations. The calculation of the affordable housing obligation will be undertaken in terms of the gross, not net, number of dwellings. 5.9 The Council will not accept applications which try to artificially subdivide or phase sites so as to avoid or minimise the provision of affordable housing. If the calculation of the amount of affordable housing involves a fraction, the figure will be rounded up to the nearest whole number.

Location of Affordable Housing 5.10 Affordable housing is an integral element of any market-led residential development and is expected to be provided in kind and on site. Where it can be robustly justified, paragraph 50 of the NPPF states that off-site provision or a financial contribution in lieu of on-site provision may be acceptable. The justification might include the need to improve or make more effective use of existing housing stock where there may be difficulties over delivery, design or management. Whether on or off-site, the Council will seek to achieve mixed and balanced communities at all times. The Council will determine each case on its own merits.

Viability Considerations 5.11 The NPPF does not set standard thresholds above which the Council can seek affordable housing but allows for a flexible approach which takes into account the prevailing and future market conditions. Paragraph 173 states that the sites and scale of development identified in the plan should not be subject to such a scale of obligations that their ability to be developed viably is threatened. 5.12 The Joint Planning Unit (JPU) has commissioned work to assess the levels of affordable housing which can be viably achieved in various development scenarios in Wellingborough. It is expected that the evidence will inform the Council’s Affordable Housing Policy and the new thresholds above which the Council will seek affordable housing in new developments. As such, this SPD should be read in conjunction with the adopted Affordable Housing policy or any guidance and evidence prevailing at the time of determination of the planning application.


5.13 Where market housing would enable provision of a significant number of additional affordable homes, the applicant must submit a financial case to the Council as part of the planning application. The underlying principle in these cases is the delivery of significant affordable housing and not enhancement in land value for the landowners. Therefore, any provision of market housing on rural exception sites should be the minimum required to cross subsidise the affordable housing. This would need to be demonstrated that the market housing is required for viability and to deliver the affordable units. 5.14 The general approach the Council will take in respect of viability issues relating to the scale of planning obligations is discussed in Part 16 of this SPD.

Design Considerations 5.15 In terms of design, affordable housing should be well integrated with, and dispersed amongst, the rest of the development. The Council will have regard to the latest assessment of local market conditions and housing need as identified in Strategic Housing Market Assessments (SHMA) and Housing Needs Surveys in determining the optimum affordable housing mix by size and type. In considering proposals for rural exception sites, the Council must be satisfied that the development has community support and reflects identified local need in terms of scale, dwelling type and mix. 5.16 The Council will require that all affordable housing units achieve sustainable and design standards set out in policy 14 of the CSS, and any other requirements that may be set from time to time. The Council expects the costs of these standards, and any other measures required to make affordable elements of a scheme achieve seamlessness, to be reflected in the overall financial appraisal and in negotiations from the start of the land acquisition and development process. A developer will be expected to meet any additional costs involved in ensuring affordable housing achieves these standards and seamless integration into any development scheme and/or its surroundings.

Triggers for payment/delivery 5.17 The timing of the completion of the affordable housing will be agreed as part of a schedule for the development. However, where a site is delivered in phases, either as a single permission or as a reserved matters application, it will be expected that the affordable housing will be delivered proportionally in each phase to ensure a consistent delivery and sustainable tenure mix through the development.

Further information 5.18 For more information on the Council’s approach to affordable housing, please contact the Council’s Housing Team on 01933 231807.


Part 6 Highways, Access and Transport Policy Background 6.1 Section 4 of the NPPF promotes the provision of viable infrastructure necessary to support sustainable development and requires local authorities to protect and exploit opportunities for the use of safe, efficient and sustainable transport modes. It states that developments generating significant amounts of movement should be supported by a Transport Statement (TS) or Transport Assessment (TA). It also supports the use of Travel Plans (TP) as a tool to promote modal shift. Sustainable transport contributes towards the Government’s wider sustainability and health objectives. 6.2 Policy 6 (Infrastructure Delivery and Developer Contributions) of the CSS and saved Local Plan Policy G25 provide the justification for securing developer contributions towards delivery of infrastructure. They require developers to make direct provision or contribution towards provision of local infrastructure required by the development to promote sustainable transport modes. 6.3 Policy 4 (Enhancing Local Connections) of the CSS seeks to strengthen connections between neighbourhoods and the town by upgrading facilities for bus users, enhancing bus service frequency, improving walking and cycling facilities, among other things, to promote sustainable and active travel. 6.4 Policy 13 (General Sustainable Development Principles) aims to incorporate measures to contribute to an overall target of 20% modal shift in all developments more than 200 dwellings, and 5% elsewhere, in terms of the transport user hierarchy of pedestrians-cyclist-public transport-private vehicles.

What is covered by CIL and planning conditions? 6.5 The Community Infrastructure Levy will fund the wider cumulative impacts arising from incremental growth. Examples of new infrastructure and improvement projects which will be funded by CIL include:

borough wide congestion reduction through highway capacity improvements and demand management

an enhanced and more connected pedestrian and cycling environment improved bus facilities road safety and air quality

These are contained in the draft R123 List. The list is not exhaustive and can be changed every year as long as general viability is not affected.

6.6 In cases where the developer is required to mitigate the impact of the development on the existing highway by providing infrastructure improvements to a local highway network (for example, traffic calming, street lighting, and signalised junctions), the works would be secured by way of planning condition. Implementation of such works will be facilitated by the


developer entering into an agreement under Section 278 of the Highways Act. Further guidance on this is available from the County Council Highways Team.

Possible S106 Obligations 6.7 Development has the potential to generate significant impacts through increased trips or changes in the types of trips, resulting in the transport network failing to cope with increased demand or causing environmental problems associated with congestion and pollution. Northamptonshire County Council (NCC), the Highway Authority for Northamptonshire, identifies the infrastructure requirements associated with proposed development and advises on the measures necessary to mitigate the impact, including planning obligations. 6.8 The County Council determines the need for site specific measures on a case by case basis in accordance with the impact, highway safety and ease of movement. These requirements are set out in the County Council’s Planning Obligations guidance document, or any successor document. 6.9 The planning obligations and/or contributions from developments will be used to mitigate site specific impact from new development. The works, contributions or improvements will be geographically or functionally linked to the development by providing for the traffic arising directly from it, or through induced trips by creating localised capacity for new trips which enables the network to cope better with the traffic arising from the new development. 6.10 The planning obligations and/or contributions will take account of the measures relating to accessibility planning work, modal shift targets and other relevant considerations. Such measures include:

Works to footways/cycle-ways Raised Kerbs New junctions Access roads within development sites Link roads Traffic Regulation Orders Traffic lights Pedestrian crossings Signage Contributions to car clubs Bus routes

Method of calculation

6.11 The transport improvements required to mitigate each development and deliver modal shift will be determined on a case by case basis in conjunction with the Transport Statement or Transport Assessment and discussions between the County Council and the developer.


6.12 S106 Obligations will not be required where the applicant demonstrates to the County Council through a TA or TP that the development would have Nil detriment or where the size/type of development is such that TA/TP is not required. 6.13 Contributions for bus routes will be calculated based on the funding required to meet the gap between revenue and costs for new, diverted or enhanced bus services to ensure a development is adequately served by bus or to achieve the modal shift by bus identified within the Transport Assessment. Further details are available as part of Appendix 2 of the Northamptonshire Bus Strategy or by contacting Northamptonshire Highways’ Development Management Team [email protected]

Threshold for obligations 6.14 The County Council considers that it is not appropriate to set a threshold level above which development will contribute towards site-specific transport measures. Therefore, all new development is liable to pay contribution towards transport based on their proportionate impact on the local infrastructure, as identified through TA or TS. The contributions will take account of accessibility planning work, modal shift targets and measures, and other relevant considerations. 6.15 Transport assessments and statements identify the potential adverse transport impacts of development while Travel Plans set out, as far as is practicable, how proposals will mitigate the impact or encourage more efficient and more sustainable transport objectives. The circumstances (i.e. scale of development) where TA and/or TS/TP will be required are set out in the Council’s Local Planning Applications Requirements (PAR)11.

6.16 For information on the form of TA and TP, the County Council will refer applicants to national Guidance on transport assessments12 by Department for Transport (DfT). Developers are encouraged to engage the County Council in early pre-application discussions to establish the scope the obligations are likely to take and whether or not a TA or TP would be required and what form they should take.

Timing/Trigger for payment or provision of works 6.17 The County Council prefers that contributions are phased ahead of the impact of the development to ensure that infrastructure is in place when it is required. It is also desirable that the number of payments is minimised to reduce administration costs. The County Council will work with Wellingborough Council to ensure that the phasing of transport schemes and other interventions are in line with local development strategies for the area. Phased contributions will be index linked to the Building Constructions Industry “All in Tender” Index (BCIS)13 for all transport work except for public transport contributions which are linked to Retail Price Index (RPI).

11

Planning Applications Requirements (PAR) available at http://www.wellingborough.gov.uk/downloads/file/2395/planning_application_requirements_par 12

https://www.gov.uk/government/publications/guidance-on-transport-assessment 13

Service (BCIS) “All in Tender” Index: http://www.rics.org/uk/knowledge/bcis/


http://www.wellingborough.gov.uk/downloads/file/2395/planning_application_requirements_par

https://www.gov.uk/government/publications/guidance-on-transport-assessment

http://www.rics.org/uk/knowledge/bcis/


6.18 The County Council will work closely with the developers to ensure that the phasing will not hinder viability of individual projects while at the same time provide certainty and timely delivery of infrastructure. Where viability is cited by the developer as a reason for not providing the appropriate level of contribution, the County Council will require clear, transparent and independent evidence through an ‘open book approach’. The County Council reserves the right to commission independent consultants at the developer’s cost. 6.19 Where infrastructure works include items requiring future maintenance, it may be appropriate for the developer to make provision for that maintenance. This will normally take the form of a ‘commuted sum’ to cover a specific period of time to be agreed at the time of negotiations. The period of time will dependent on the type of infrastructure and the maintenance regime required.

Further information 6.20 The scope of Transport Assessments, Transport Statements and Travel Plans should be agreed with Northamptonshire Highways prior to their preparation and submission. Please contact [email protected] for further advice. 6.21 Developers are also encouraged to engage with Northamptonshire Highway’s Development Management team at an early stage to establish and agree appropriate development mitigation works and strategies prior to submission of planning applications.



Part 7 Education

Policy Background 7.1 Paragraph 72 of the NPPF requires authorities to take pro-active, positive and collaborative approaches to ensure there is a sufficient choice of schools to meet the needs of existing and new communities. This means placing great weight to creating, expanding or altering schools. Within large developments necessitating new primary schools, the NPPF encourages developers to the schools within walking distance of most of the properties. 7.2 Policy 6 of the CSS provides the justification for securing developer contributions towards delivery of infrastructure. It requires developers to make direct provision or contribution towards provision of education facilities. 7.3 Northamptonshire County Council has a statutory responsibility for the provision of education in the County for children aged three and over (pre-schools); children between the ages of 5 and 16 years (primary and secondary) and places for 16-19 years old in sixth forms and sixth forms colleges. The County Council retains the records of existing capacity at local schools in Wellingborough and reports to Department for Education (DfE) annually on projected capacity figures. 7.4 The County Council, the Local Education Authority, set out in its Strategic Plan for Schools 2010-2021 (November 2010) the capital funding programme for schools and projections for school roll forecasting upon which education contributions will be sought. The introduction of CIL Regulations now requires the County Council to reconsider how these will be funded, having regard to the pooling restrictions.

What is covered by CIL? 7.5 CIL will provide funding towards projects related to secondary and middle school provision. This includes extending existing schools or provision of new schools.

Possible S106 Obligations 7.6 New housing developments create a local need for education provision. As such, sufficient school places will be required to meet the needs arising from the developments, be it through the provision of new schools or extensions/improvements of existing facilities. 7.7 The County Council will seek provision or payments from residential developments towards primary school provision, including pre-school provision (nursery places for children aged three years and over). Generally, obligations will not be sought from other forms of development which might include:

One-bed dwellings or flats Sheltered or elderly housing Student accommodation


Other specialist housing not likely to house children. 7.8 The County Council will require contributions on the whole housing site including any component of the proposal which may be developed for affordable housing unless the developer can clearly demonstrate that the element of affordable housing will not lead to a net increase in the number of children in the respective catchment area. The justification is that affordable housing may place additional demand for school places where a variety of tenure types are likely to be occupied by families containing children. With the new bedroom tax on social rented dwellings, the likelihood of smaller houses having high numbers of school aged pupils has also increased. 7.9 Section 106 obligations will be negotiated on a case by case basis and will be required for:

Extending and/or improving existing primary schools and pre-school provision that serve the development; and

On-site provision of new primary schools or pre-school facility where there is a significant housing proposal.

7.10 Where a new school is required, the developer will be expected to provide a fully serviced site free of charge, the building costs including site infrastructure and playing fields, and the full capital costs of education equipment.

Method of calculation 7.11 In general, the contributions towards primary school extensions will be calculated based upon the capital costs of providing additional school places to meet needs generated from new development, after allowing for surplus capacity. 7.12 To assess the level of contribution towards schools the County Council relies on the number of pupils generated from new developments (“pupil generation figures”). Different housing types, sizes and tenures generate different levels of demand on education facilities. Research undertaken by the County Council in 2005 forms the basis for the pupil generation figures for different types of housing. The research involved carrying out a survey of new housing types, sizes and tenures across the whole country to establish the pupil generating capacity of the different housing typologies. The pupil generating figures used by the County are set out in (a) below. (a) Units to generate one pupil

Dwelling size 2 Bed 3 Bed 4 Bed 5 Bed Early Years ? ? ? ? Primary 24.19 3.53 1.58 1.55 Secondary 43 7.70 4.09 2.31 Sixth form 129 58.57 43.26 11.25

7.13 To calculate the cost of provision per dwelling house, the County Council uses basic need multipliers adopted by the Department for Education


(DfE) for determining capital allocations to local authorities. These multipliers take into account different school age ranges and are shown in (b) as follows: (b) Cost of a School Place by Type (Current DCSF Multipliers based on local costs)

7.14 The cost multipliers above are translated into cost per dwelling house (c) by dividing the needs multiplier (b) by pupil generating capacity (a). Using the above formulae, the cost per different type of dwelling house would be as follows. (c) Contribution (£) per dwelling house

Dwelling size 2 Bed 3 Bed 4 Bed 5 Bed Early Years £146 £997 £2,228 £2,271 Primary £520 £3,565 £7,966 £8,120 Secondary £441 £2,464 £4,639 £8,214 Sixth form £158 £346 £471 £1,810

7.15 The tables and figures above are reproduced from the current version of the County Council Planning Obligations Framework and Guidance (2011), page 39. The County Council will use the most up to date pupil generating figures and cost multipliers available at the time of the planning application. Therefore, the above figures will be periodically updated and the latest figures applied in this SPD using the above framework. Developers are encouraged to liaise with the County Council for updates on impending changes. 7.16 Where a development triggers a need for a new school, the cost of provision of a new school will be informed by the costs for other recently built schools that meet the minimum design standards14 for schools and/or best practice. The building costs will be index-linked in accordance with Building Construction Industry Standards (BICS). 7.17 The County Council’s consideration of whether developer contributions towards education provision are required will be informed by the projected capacity figures as reported to the Department for Education (DfE) in the Annual Surplus Return. These figures are based on local circumstances and take account of existing capacity within the infrastructure. No contributions will be sought where there is adequate capacity. It should be noted that empty places at schools do not necessarily equate to there being sufficient capacity at the school as it is generally accepted that schools should not operate at 100% of their capacity. Temporary mobile classes will not be counted towards net capacity of the school. 14

BSF minimum design standards; http://www.cabe.org.uk/design-review/schools/minimum-design-standard

Cost of a School place by type (Current DCSF Multipliers based on local costs

Early Years 12,586 Primary 12,586 Secondary 18,975 Sixth form 20,368

http://www.cabe.org.uk/design-review/schools/minimum-design-standard


Threshold/Trigger for obligations 7.18 The County Council considers that the decision on whether an obligation will be sought depends on its merits, i.e. the nature, type, location and impact of the proposals. Generally, the County Council considers that all development of any size should mitigate its impact on the surrounds. Developers are encouraged. 7.19 The County Council may consider a trigger of 10 dwellings for securing s106 education contributions following the general differentiation between “minor” and “major developments”, by Department for Communities and Local Government (CLG), where the former relates to less than 10 (>10) and the latter to 10 or more dwellings. This may vary over time because the trigger chosen depends on the existing capacity in the area, among other factors.

7.20 As a general guide, the County Council will expect a development of approximately 700 houses to generate the need for a single form entry (1FE) primary school (i.e. provision for a single new class of children) and a development of approximately 4000 homes to generate the need for a new secondary school.

Timing/Phasing of payments or provision of works 7.21 The County Council prefers that contributions are phased ahead of the impact of the development to ensure that infrastructure is in place when it is required. It is also desirable that the number of payments is minimised to reduce administration costs. There is no one size fits all trigger as each development is different. 7.22 Where a new school is provided, highway and pedestrian access must be to adoptable standards prior to opening and the site should be transferred to the County at the earliest opportunity (1 year after first occupation at latest). The County Council has a target of new schools opening the September following the completion of 300 dwellings. However, each development is considered on its own merits. 7.23 The County Council will work closely with the developers to ensure that the phasing of contributions will not hinder viability of individual projects. Where viability is cited by the developer as a reason for not providing the appropriate level of contribution, the County Council will require clear, transparent and independent evidence through an ‘open book approach’. The County Council reserves the right to commission independent consultants at the developer’s cost.

Further Information 7.24 Further information relating to location, design and adoption standards for new schools and the timing of payment of provision of works is available from the County Council Planning Obligations Framework and Guidance. Developers can also contact the County Council’s Development Management Department on 01604 366634.


Part 8 Emergency Services and Public Safety Policy Background 8.1 The NPPF places great importance on sound design of the built environment. It requires new developments to “create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion”15. Emergency services and Public Safety include fire and rescue services, police services, ambulances and CCTVs. 8.2 Northamptonshire County Council does not have the statutory duty to provide facilities for Emergency Services in the County but works with Northamptonshire Fire Rescue Services (NFRS) who provide fire and rescue stations. Northamptonshire Police is responsible for police stations while East Midlands Ambulance Service is responsible for ambulance services. 8.3 Policy 13 of the CSS states that new developments should be designed to address emergency and public safety issues. Policy 6 of the CSS and saved policy G25 of the Local Plan provide the justification for securing developer contributions towards delivery of infrastructure. They require developers to make direct provision or contribution towards provision of facilities for emergency services, which include fire and rescue stations.

What is covered y CIL? 8.4 CIL will contribute towards the capital costs to provide sufficient fire station capacity, which might include improvements/maintenance of existing facilities. It will also fund other emergency services like police stations and ambulance services. Similarly, general local policing will form part of CIL, although local crime management measures that are identified as site specific necessities may be secured through S106 agreements.

Possible S106 Obligations 8.5 New developments place additional demand for fire and rescue resources which can be mitigated through S106 contributions. The County Council requires fire hydrants to be installed within all developments at the developers’ expense. Other items, for example, sprinkler systems can be addressed through Building Regulations. If installed, they will negate the requirement for a Fire Infrastructure contribution. 8.6 The Council, in consultation with Police, may also require contributions towards provision of CCTVs, either as a stand alone system or as part of an existing system, where justified by the nature and location of the development. These will be treated on a case by case basis. 8.7 Some developments may give rise to specific requirements for provision, perhaps on-site, of emergency facilities, for example, on a site

15

NPPF, paragraph 58, p. 15


where a large facility handles dangerous fluids. Such cases will be considered on individual merit.

Method of calculation and Threshold for Obligations 8.8 For determining the fire hydrant contributions per square metre or dwelling house, the Council will use the prevailing costs for installation of a fire hydrant. This figure will constantly change from one period to the other and developers are advised to contact the County Council early in the process to establish the prevailing rate. On average, 1 fire hydrant is needed for every 50 properties or 5,000 sq.m of non-residential property, subject to a risk based assessment16. 8.9 Where the provision of CCTVs is funded through S106 obligations, the contributions will be made up of two elements: a capital cost and a commuted sum for maintenance. The level of costs will be negotiated as part of the S106 agreement.

Timing/Phasing of payments or provision of works 8.10 Whilst contributions can be sought towards the provision of fire hydrants, the County Council prefers that these are designed into the master-plan stage and implemented through a planning condition. Other local crime management measures are often identified through design processes.

Further information 8.11 More information regarding fire and rescue can be obtained by contacting the Development Management team on 01604 366634.

16

Planning Obligations Framework and Guidance (p. 29)


Part 9 Open Spaces, Outdoor Sports and Recreation Policy Background 9.1 The NPPF recognises the role that planning plays in facilitating social interaction and creating healthy, inclusive communities. Paragraph 73 states that access to high quality open spaces17 and opportunities for sport and recreation can make positive contributions to the health and well-being of the communities. It requires local authorities to identify specific needs for open spaces and the quantitative or qualitative deficits or surpluses of open spaces in the locality and to use this information to determine standards of provision. Public Realm as some type of open space is dealt with separately under part 13 of this SPD. 9.2 Policy 13 of the CSS requires new developments to be designed to promote healthier lifestyles and for people to be active outside their homes and places of work. Policy 5 of the CSS promotes the protection, enhancement and creation of multifunctional areas of green space that promote recreation and bio-diversity. Saved policy L7 (Provision of New Recreational Open Space) of Wellingborough Local Plan requires provision of new open spaces based on standards derived from the National Playing Field Association (NPFA), now rebranded Fields In Trust (“FIT”). 9.3 In Wellingborough, the latest evidence of the need for open space comprises the PMP Report (2005)18 as refreshed by Nortoft Report (2008)19. These reports identify the qualitative and quantitative provision of open spaces, sports and recreation facilities in the borough; recommend new standards for the facilities and identify the opportunities for provision of new facilities. These standards and recommendations are evidence based in accordance with the NPPF and supersede the standards in saved policy L7 of the Local Plan. 9.4 The Council is currently updating the evidence base in respect of the Open Spaces Strategy. Until the evidence base is updated, the Council will use the recommended standards in the PMP and Nortoft Reports. 9.5 CSS policy 6 (Infrastructure Delivery and Developer Contributions) and G25 require developers to make a direct provision or contribute towards the provision of local infrastructure (such as open space and sports facilities).

What is covered by CIL? 9.6 CIL will be used to fund strategic green infrastructure, which include:

green corridors green amenity areas natural and semi-natural green spaces

17

The term ‘Open spaces’ includes “all open space of public value, including not just land, but also areas of water (such as rivers, canals, lakes and reservoirs) which offer important opportunities for sport and recreation and can act as a visual amenity (NPPF, Annex 2). These include the following typologies: parks & gardens; natural/semi-natural urban greens-paces; green corridors, outdoor sports facilities; amenity green spaces; provision for children and teenagers; allotments 18

Planning for Open Spaces, Sport and Recreation (2005) available at http://www.wellingborough.gov.uk/downloads/file/5028/planning_for_open_spaces_sport_and_recreation_2005 19

Sports Facilities Strategy (2008) available at http://www.wellingborough.gov.uk/downloads/file/4585/wellingborough_sports_facility_strategy_final_main_report

http://www.wellingborough.gov.uk/downloads/file/5028/planning_for_open_spaces_sport_and_recreation_2005

http://www.wellingborough.gov.uk/downloads/file/4585/wellingborough_sports_facility_strategy_final_main_report


allotments outdoor sports facilities Community gardens Parks and gardens

The exception is where outdoor facilities are necessitated by a single development, in which case they will be funded through S106.

Possible S106 Obligations 9.7 Provision of open spaces for children and young people is a fundamental requirement of new planned development. Developers will therefore be required to provide these spaces within housing developments. The spaces include the provision of amenity areas, Local Equipped Areas of Play (LEAP) and Neighbourhood Equipped Areas of Play (NEAP). Arrangements for future maintenance and management of such open spaces will be agreed as part of the S106 agreement. 9.8 Large developments may also need to provide football pitches through S106 arrangements. The full detail of the agreement will be agreed at the time of negotiations.

Method of calculation 9.9 For purposes of determining the S106 requirements arising from new developments, the first stage is to first estimate the number of new residents generated by a development. The ‘people generating figures’ are derived from the survey carried out by the County Council in 2005. These figures are periodically updated, therefore, developers are encouraged to check with the Council for latest multipliers. Total people generated per dwelling type

Number of bedrooms

1 Bed 2 Bed 3 Bed 4 Bed 5 Bed

Children 0.02 0.16 0.71 1.25 1.57 Adults 1.3 1.6 1.89 2.05 2.13 Total 1.32 1.76 2.6 3.3 3.7

Source: Northamptonshire Planning Obligations Framework and Guidance pp.10 9.10 The second stage is to calculate the quantity of each open space type by applying the above figures to the PMP standards set below. To use a simple example, assuming the number of new residents on a new development in the town is 120 (based on the above figures), the open space requirement for this development would be:

Amenity green space – 120/1000 (persons) x 1.6ha = 0.192ha Children and young people – 120/1000 (persons) x 0.625ha = 0.075ha


(a) PMP recommended standards

Open Space Typology Prov (has) per 1000

pple

Recommended

walking time (mins)

Estimated equivalent

straight line distance (m)

Parks and Public gardens

0.7 ha

15 mins

600m

Natural and Semi-natural

Urban Rural

1.8 ha 0.38 ha

15-20 mins

600-780m

Amenity Green Spaces

Urban Rural

1.6 ha 0.5 ha

10 mins

420m

Provision for Children and young people

Urban Rural

0.625 ha 0.5 ha

10 mins

420m

Allotments Urban Rural

0.38 ha 1.3 ha

15 mins 600m

Outdoor sports facilities (excluding golf courses)

2.4 ha

15 mins

600m

Source: Planning for Open Spaces, Sport and Recreation, 2005, pp. 130-1 9.11 The requirement arising from proposed development will be multiplied by the average cost price per hectare for each type of open space in order to determine the required level of contributions from new development. The costs will vary because of the diverse nature of open spaces and the fact that each site will be individually designed relevant to its location and surrounding. As such, the costs will be worked out on a site by site basis. Threshold for Obligations 9.12 All new residential developments will be expected to contribute towards the provision of open space by either providing new areas or improving the quality or accessibility of existing areas. Whether new residential development will contribute towards provision of new open space depends on the location of the development vis-à-vis the level of provision in the area. Areas of deficiency in respect of the various typologies of open spaces are set out in maps contained in the PMP Report (2005).


9.13 Small areas of open space can be difficult to maintain and can be of limited recreational value. While developers would need to provide such areas, the Council will not normally take responsibility for maintenance of areas less than 0.04 hectares (400m2), the minimum size for the provision of a LEAP. If the size of open spaces necessitated by the development is less than 0.04 hectares, such open space will be primarily designed for non-recreational use and the Council will require that a Landscape Plan which clearly identifies who will be responsible for the management of that land in perpetuity is submitted and approved as a condition of the planning permission

9.14 The preference by the Council is for on-site provision of requisite open space. In exceptional cases, to be determined on a case by case basis, the Council may agree to off-site financial contributions to enhance quality of existing provision in the locality in accordance with distance thresholds for each open space typology. Such contributions will be restricted to no more than 5 S106 Obligations on each project, in accordance with CIL Regulations. 9.15 In respect of outdoor open spaces, larger developments may necessitate the provision of football pitches through S106 arrangements. These will be determined on a case by case basis and the full detail of the agreement will be agreed at the time of negotiations.

Timing/Phasing of payments or provision of works 9.16 In the case of large scale developments, payments or provision may be phased in order to mitigate the proportional impact of each phase. Trigger points for payments or provision will be included in the legal agreement, as will the period in which any contribution will have to be spent. 9.17 Where new development results in on-site provision of open space, the Council will require the developer to secure its maintenance through an appropriate condition. If the council adopts the facility, payment will be required to secure its maintenance for at least 15 years. The payment will be in the form of a commuted sum sufficient to cover on-going costs. The amount will be derived by multiplying the annual maintenance costs for each open space typology by the quantity of open space provided.

Further Information 9.18 For more information on the Council’s approach to …., please contact the …..


Part 10 Skills, Training and Employment

Policy Background 10.1 The NPPF requires planning to be pro-active in promoting sustainable economic growth in order to create jobs and prosperity. Policy 8 of the CSS encourages investment in education and training at existing facilities in order to develop the qualifications and skills to attract new businesses and assist with economic diversification. 10.2 Policy 8 of the CSS provides the justification for the use of developer contributions and training and employment agreements. It states that “in order to develop the qualifications and skills to attract new businesses and assist with economic diversification, investment in education and training at existing facilities will be encouraged and where new facilities are necessary these will be developed at locations accessible by a choice of means of travel. Training and employment agreements will be used where appropriate to facilitate increased opportunities for the local workforce”. 10.3 Wellingborough 2020 Vision (A strategy for Regeneration and Growth in Wellingborough) sets out a strategy for sustained regeneration of Wellingborough by proposing a number of projects to improve the physical environment. It is acknowledged, therefore, that future priorities need to fit within the Vision’s basic principles, one of which is ‘Improving Skills and the Local Economy.’ The Borough’s Economic Development Strategy identifies one of its key priorities as enhancing the employment and skills base of the area.

Possible S106 Obligations 10.4 Wellingborough has a higher than national average proportion of residents with no qualifications and a lower than national average proportion of residents with NVQ Levels 1-4 and above20. New developments create opportunities for local people and businesses to benefit from the construction and successive use of such developments in the area. 10.5 The Council will seek planning obligations relating to (not limited to) construction and local procurement initiatives and other employment initiatives.

Method of calculation/Threshold/Timing 14.1 The skills, training and employment obligations will be determined on a case by case basis. Developers will be required to submit an Employment and Skills Plan (ESP) to the Council detailing the opportunities that will be provided by the development and how they will be promoted and delivered. Such opportunities will include:

Construction training initiatives – e.g. through Construction Futures which can provide apprenticeships and training opportunities

20

NOMIS - http://www.nomisweb.co.uk/reports/lmp/la/1946157161/report.aspx

http://www.nomisweb.co.uk/reports/lmp/la/1946157161/report.aspx


Other employment initiatives - to ensure that local people are in a position to compete for any new employment that might arise as a result of development

Local procurement initiatives – e.g. advertise tender opportunities wherever possible to achieve the procurement of construction contracts and goods and services from companies and organisations based in the Borough.

10.6 The S106 agreement will require the implementation of the approved ESP. 10.7 Funding to deliver the ESP outcomes will be the responsibility of the developer working in consultation with the Council and its economic development partners.

Further Information 10.10 Further information is available from the Council’s Regeneration team


Part 11 Healthcare At this time the NHS is unable to provide us with the required evidence base for future health care requirements. Health infrastructure is an important part of creating sustainable places, therefore when the evidence base is available it will be used to inform contributions, the R123 list and any changes to the CIL evidence base as required. On going dialogue with the NHS will take place to ensure sustainable places are created.


Part 12 Indoor Sports and Community Facilities

Policy Background 12.1 Paragraph 70 of the NPPF seeks to deliver social, recreational and cultural facilities and services needed by the community. It requires planning authorities to plan positively for the provision and use of shared space, community facilities21 and other local services to enhance the sustainability of communities and residential environments and promote healthy lifestyles. Community centres play an essential part in enhancing the quality of life of residents. For purposes of this SPD, Community Facilities relate to the built environment (indoor facilities) as distinct from outdoor facilities which are discussed under Part 9 (Leisure and Recreation). 12.2 Policy 13 seeks to maintain and improve the provision of accessible local community services while policy 6 of the CSS and saved policy L2 of the Local Plan require the provision of small scale built community facilities in new developments in the rural and urban areas. 12.3 The County Council is responsible for the provision of Library Services in Northamptonshire. To this end, the County Council developed a Library Strategy to 2021 which examines the improvements required across all library provision in the county to support the delivery of growth.

What is covered by CIL? 12.4 CIL will be used to fund infrastructure improvements in respect of indoor sports and community facilities. Small developments may place additional demands on existing community facilities but the restrictions on pooling of S106 means that it would not be viable to fund such improvements from five or less obligations. 12.5 In the case of libraries, where new development generates additional need and library space requirement, funding will be required towards the capital costs of providing new, extended and/or improved library facilities. This funding is expected to be delivered through CIL.

Possible S106 Obligations 12.6 Large scale residential developments may require on-site provision of community facilities to serve the needs of the immediate local area where no spare capacity exists in the vicinity.

Method of calculation and threshold for Obligations

21

Community facilities – encompass a range of infrastructure including health centres, dentists, space for arts, museums, community halls & other public meeting venues, leisure centres, theatres, cinemas, indoor sports, places of worship, libraries, cultural buildings and other uses in Use Class D1 that provide a service to the community, etc).


12.7 Saved policy L2 of the local plan sets a threshold for on-site provision of other community facilities in developments involving more than 350 dwellings. This figure is flexible and depends on the assessment of the capacity of existing facilities and the demand arising from the development. The need for on-site provision will therefore be determined on a case by case basis.

Timing/Trigger for payment or provision of works 12.8 For large developments necessitating the provision of small community facilities, the developer will transfer to the Council an appropriately located and serviced site at a peppercorn cost. The facilities will be provided once a proportion of a proposed development is occupied, which is usually towards the latter end of the development’s occupation. This will vary depending on the scale of development, and will be agreed as part of the S106 Agreement, including the future management of the facility.

Further Information 12.9 Further information on the provision of community facilities can be provided by …..


Part 13 Public Realm and Public Art Policy Background 13.1 The NPPF attaches great importance to the design of the built environment. Paragraph 57 states that it is important to plan positively for the achievement of the high quality and inclusive design for all development, including individual buildings, public and private spaces and wider area development schemes. 13.2 Policy 13 of the CSS explains how design will address these matters while policy WTC 15 of the Wellingborough Town Centre Area Action Plan requires provision to be made for a high quality, well connected public realm22 to improve the appearance, attractiveness and accessibility of the town centre. Saved Local Plan policy G16 specifically promotes the provision of public art in public places, supplemented by “Public Art: A Guide to Good Practice” adopted in 200523. 13.3 CSS policy 6 and Local Plan saved policy G25 require developers to make a direct provision or contribute towards the provision of local infrastructure necessitated by the development. The Wellingborough Town Centre Public Realm Strategy SPD (2009)24 sets out the Council’s vision for proposed public realm improvements in the town centre.

What is covered by CIL? 13.4 All strategic public realm infrastructure improvements will be funded through CIL.

Possible S106 Obligations 13.5 Matters relating to on-site provision of open spaces are separately covered under the section Leisure and Recreation. Section 106 agreements may require the following (but not limited to) issues to be addressed in respect of site specific public realm improvements and public art, although the Council may use conditions in the first place to achieve these:

Improvements to paving/planting on pubic highway and other space directly adjoining the development site, including paving materials, street furniture, landscaping, lighting and signage

Bespoke planting and any associated paths and boundary treatment directly relating to the development site

Direct links to adjoining open spaces Where proposals have a direct link with enhancements identified within

the Public Realm SPD which are not directly funded by CIL. Adoption of improvements – commuted payments Financial arrangements for their management Access and use restrictions

22

Public realm means “the parts of town (whether publicly or privately owned) that are available, without charge, for everyone to see, use and enjoy, including streets, squares and parks; all land to which everyone has ready, free and legal access 24 hrs a day” – Dictionary of Urbanism (Cowan, 2005) 23

Public Art: A Guide to Good Practice SPD (2005) available at http://www.wellingborough.gov.uk/downloads/download/2099/public_art_spd 24

Wellingborough Town Centre Public Realm Strategy SPD available at http://www.wellingborough.gov.uk/site/scripts/download_info.php?downloadID=1577

http://www.wellingborough.gov.uk/downloads/download/2099/public_art_spd

http://www.wellingborough.gov.uk/site/scripts/download_info.php?downloadID=1577


Provision of public art in key developments

Method of Calculation/Threshold 13.6 The public improvements, public art and commuted payments sought from each development will be determined on a case by case basis.

Timing/Trigger for payment or provision of works 13.7 The Council will require that, wherever possible, public realm improvements are completed prior to the first occupation of a development, designed to agreed specifications and transferred to the Council once it is in an adoptable state. All these matters will be set out in Section 106 Agreement.

Further Information 13.8 Further information may be obtained from…


Part 14 Other Site Specific Measures to Promote Sustainable Development 14.1 The NPPF sates that the purpose of planning is to contribute to the achievement of sustainable development. Paragraph 7 of the NPPF explains the dimensions sustainable development while policy 13 of the CSS lists a range of sustainable development principles which should guide development in the borough. In addition to measures discussed under relevant sections in this SPD, other measures promoting sustainable development include Sustainable building designs, energy efficiency, sustainable construction and improvement, replacement and enhancement of biodiversity.

Biodiversity/Habitats Policy Background 14.2 Policy 5 of the CSS promotes the protection and enhancement of assets and the creation of new multi-functional areas of green space that promote bio-diversity. The policy provides the justification for seeking contributions to facilitate improvements to the quality and robustness of green spaces. 14.3 The NPPF identifies the need for the planning system to enhance the natural environment, in particular providing net gains in biodiversity where possible and contributing to ecological networks that are more resilient to current and future pressures. 14.4 Further guidance on how biodiversity should be incorporated into the development process is provided in North Northamptonshire Biodiversity SPD25 adopted July 2011. This sets out how adverse impact can be avoided and when mitigation, compensation or enhancement of biodiversity will be appropriate.

Possible S106 Obligations 14.5 The Council may require developers to carry out works to secure or reinstate existing habitat features, enhance existing features, create new features or undertake habitat creation schemes. These may be secured through appropriate conditions or planning obligations. Ongoing management of habitats will be a particular concern and should be set out in an Ecological Management Plan. Compensatory measures are expected to be provided on site as part of the overall development proposal. 14.6 In those very exceptional cases where a developer cannot protect an ecological habitat adjacent to or within the boundaries of the site, and in other respects the development is acceptable, they will be required to provide an alternative compensatory measure of equal or greater value in the locality.

25

North Biodiversity SPD - http://www.nnjpu.org.uk/docs/Adopted%20SPD.pdf

http://www.nnjpu.org.uk/docs/Adopted%20SPD.pdf


The appropriate level of contribution will be considered on a case by case basis. 14.7 A commuted sum may be requested where additional monitoring or survey work is considered necessary to confirm that relevant environmental measures have been implemented successfully as part of a scheme. Some developments may result in increased activity and affect the value of areas of nature conservation adjacent to or within the site. In certain circumstances, for example, in protected areas like the SPAs with too many visitors, s106 agreements may be appropriate to restrict types and hours of activities and development rights. They may also be used to control access so as not to damage or harm existing features and to make provision for the long term maintenance of directly affected sites.

Method of Calculation/Threshold 14.8 The S106 obligations in respect of biodiversity/habitats will be determined on a case by case basis.

Timing/Phasing of payments or provision of works 14.9 The Council will require that, wherever possible, biodiversity improvements are in place prior to the first occupation of a development, designed to agreed specifications and subject to an agreed Ecological Management Plan. All these matters will be set out in a Section 106 Agreement.

Energy Efficiency and Sustainable Construction

14.10 Matters relating to energy efficiency and sustainable construction are normally incorporated at the design stages of the development or though planning conditions. These will not normally be secured through S106 Obligations. 14.11 The approval and implementation of Sustainable Drainage Systems (SuDs) is now the responsibility of the County Council which, as Lead Local Flood Authority (LLFA), has become the SuDs Approval Body “SAB”). The Flood and Water Management Act 2010 established a new consenting regime for the approval and implementation of SuDs. The County Council’s Highway Team will oversee this process.

14.12 SuDs approvals for major applications (>9 dwellings/0.5ha (residential) and >1000m2) will start in April 2014 while approvals for all planning applications involving construction works where site specific drainage measures are required will start in April 2017. The Act requires that the County Council must adopt public SuDs once they have been consented and implemented. As such, SuDs cannot be secured through S106 contributions because they belong to a different consenting regime. They could potentially be funded by CIL.


Waste Management 14.13 Generally, S106 agreements may be secured for site specific waste management facilities (e.g. communal bin storage areas) particularly in major developments schemes.

Bespoke Items 14.14 The items discussed above are not exhaustive because there are a number of other matters where s106 agreements may be sought. Any such agreements must be specific to the proposed development and must satisfy the R122 tests of the CIL Regulations 2010 (as amended). To qualify for S106 funding, such items must not be included in the R123 list.


Part 15 Implementation of the Planning Obligations SPD 15.1 This section explains how the Council will implement the Developer Contributions process. While the SPD aims to be as clear as possible, developers will benefit from early engagement with Planning Services to agree planning obligations and understand their CIL liabilities prior to submitting planning applications. 15.2 There are four key stages which can be identified in the process involving the implementation of planning obligations which developers need to understand: pre-application stage; planning assessment stage; resolution to grant permission stage and the implementation state.

Pre-application Stage 15.3 It is important that developers are clear of their S106 and CIL obligations prior to submitting planning applications. They may find it useful to engage the Council’s pre-application protocol available at: http://www.wellingborough.gov.uk/info/200128/apply_for_planning_permission/824/pre-application_advice_service, which also specifies the fees payable for this service. This way, the developers will know the planning application heads of terms at the earliest opportunity; understand how this might impact on viability of their proposals; be clear and certain about the process and minimise delays in determining planning applications.

Planning Assessment Stage 15.4 The full extent of the planning obligations arising from a proposed development will normally be determined at the formal planning application stage. This will follow consultations with relevant external and internal service providers, as appropriate, including Northamptonshire County Council (in respect of Education, Highways and Community Services); General Practitioner Commission; local community groups and other departments within the Council. 15.5 After the consultations, the Council negotiates and agrees with the applicants on the Heads of Terms and payment triggers.

Resolution to grant permission 15.6 The decision on the application will be made by the Planning Committee, having regard to the recommendations by the Officers. The Committee may resolve to grant planning permission subject to a legal agreement but give a delegated authority to the Head of Service to refuse the scheme if the required agreement is not signed within a given period. 15.7 Following the resolution to grant permission, the Council’s legal team, in liaison with the applicant’s solicitors, will complete the legal agreement in the form of a deed. Planning obligations will be registered as local land charges and placed on the Council’s planning register.

http://www.wellingborough.gov.uk/info/200128/apply_for_planning_permission/824/pre-application_advice_service

http://www.wellingborough.gov.uk/info/200128/apply_for_planning_permission/824/pre-application_advice_service


15.8 Developers will be required to produce satisfactory proof of title to the land. All persons with interests in the land (e.g. mortgagees, option holders, etc) must be party to the agreement. The developers will be expected to pay the Council’s legal costs, whether or not the agreement is completed.

Implementation 15.9 Details of the legal agreement, including its clauses and triggers, will be recorded on a database which will be used to monitor the implementation of the agreement. 15.10 Developer contributions will be index-linked (using BCIS Price Adjustment Formulae Indices) to the date of Committee approval of the scheme (or an agreed alternative indexation date). The common measure of indexation for payments will be the Retail Price Index (RPI) published by the Department of Trade and Industry but the Building Cost Information Survey (BCIS) Index published by the Royal Institute of Chartered Surveyors (RICS) is normally used where a facility or building has to be delivered as part of the obligation. 15.11 The trigger for most agreements will be the commencement of development. What constitutes commencement will be specified in the legal agreement but will normally be as set out in the Town and Country Planning Act 1990 (as amended). However, the performance of planning obligations can be deferred to suitable stages in the site’s development depending on the nature of the development. 15.12 Late payment of financial obligations beyond the stipulated trigger points will attract an interest above the Bank of England base lending rate in force at the time from the date that the relevant payment falls due to the date of actual payment. The rate of interest will be specified in the legal agreement. 15.13 If it becomes evident that a legal agreement is not being complied with, the legal team will instigate appropriate enforcement action, which could be through the use of an injunction to stop the development, or use of the Council’s powers of entry to carry out any works related to the agreement. The Council will recover the costs for this action from the developer. 15.14 The obligations will specify time limits for the expenditure of S106 contributions. The Council will normally seek a 10 year time limit (or more for large developments) to spend financial contributions. Unspent obligations beyond the agreed period will be returned to the developer with interest, as specified in the legal agreement.


Part 16 Viability Considerations Policy Background 16.1 Paragraph 173 of the NPPF requires that, in setting planning obligations, local planning authorities should not impose obligations which threaten the viability of proposed development. Policy 6 of the CSS also states that the level and timing of obligations will vary dependent on the location, scale and financial viability of the development. 16.2 There are situations where developers may anticipate viability issues before submitting planning applications or after permission has been granted but cannot be implemented. Where these arise, the developers would need to engage the Council at an early stage to discuss ways of addressing these and to see if any exemptions can be made.

The Protocol 16.3 In dealing with viability matters, the developer will be required to submit to the Council a sufficiently evidenced Viability Appraisal. The Council will test the viability by seeking other viability enhancements, for example, deferring payments. 16.4 Developers who wish to raise viability issues will be expected to clearly set out in their viability assessments: :

The considerations which demonstrate that they are unable to provide the full policy requirements, and

Demonstrate what the benefits of not meeting the policy requirements and delivering the site immediately are.

16.5 For purposes of assessing the developer’s case, what constitutes “benefits” is a material consideration in the decision making process which will be determined on a case by case basis. It will involve balancing the planning benefits against the harm resulting from under-provision or delayed provision of infrastructure (including affordable housing), and any other policy requirements. 16.6 As guidance on the nature and content of the viability assessments, the Council will require that:

Financial information is provided on an “open book” basis Current values and costs (not historical) are the basis for the

valuation

16.7 The Council will seek independent valuation advice to review viability assessments at a cost to be borne by the developer.


16.8 The Council endeavours to keep confidential all pre-application enquiries and viability assessments submitted at pre-application or application stage, having regard to provisions relating to Freedom of Information.

Possible Actions 16.9 If a developer satisfactorily demonstrates that a scheme is unviable due to policy and guidance requirements, the Council may pursue the following:

(a) Deferring timing of planning obligations

16.10 The Council will explore this first, subject to implementation costs, before considering reducing the overall costs of planning obligations. Deferring obligations might entail:

Phasing the provision of infrastructure Back-loading financial obligations

(b) Reducing policy and guidance requirements

16.11 If it is considered expedient to reduce the policy burden, The Council will apply the following principles:

The reduction will be the minimum necessary to make the

scheme viable In relation to affordable housing, it might be necessary to review

the threshold and tenure mix.

(c) Mechanisms to promote early delivery 16.12 Where reductions in policy requirements or deferral in timing of infrastructure and/or financial obligations is justified, the Council will seek to secure early delivery of the scheme using any or a combination of the following mechanisms:

Granting short life planning permissions Securing commitments for commencement of delivery within a

specified period after grant of planning permission Specifying time limits for completion and/or specific phases or

elements of a scheme (d) Longer Planning Permissions 16.13 For proposals complying with policy guidance in relation to planning obligations and where the obligations and infrastructure needs are met by the development, the Council may consider granting longer life permission to extend the time to enable the scheme to become viable. (e) Contingent Deferred Obligations


16.14 The Council may take the necessary precautions to prevent large developments from being stalled on viability grounds. This involves defining the scope and scale of obligations, which elements can be paid initially and deferring other payments linked to future reassessment of viability or changes in market conditions over time. This approach recognises the impact the current conditions have on viability while acknowledging that the conditions may improve in the future in accordance with paragraph 205 of the NPPF. The Council will work with developers on the principles of this mechanism.

S106 PLANNING OBLIGATIONS SPD - Draft

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