Planning Obligations - Compliance Statement
Appeal by Barberry Droitwich Limited - Land at Pulley Lane, Newlands Road and Primsland Way, Droitwich Spa
Appeal Ref: APP/H1840/A/13/2199085 (Appeal A)
Paragraph 204 of the Framework and Regulation 122 of the Community Infrastructure Levy Regulations 2011 (as amended) set tests in respect of planning obligations. Obligations should only be sought where they meet the following tests:
- Necessary to make the development acceptable in planning terms;
- Directly related to the development; and
- Fairly and reasonably related in scale and kind to the development.
The following saved policies from the Wychavon District Local Plan 2006 (WDLP) and Worcestershire Waste Core Strategy 2012 (WWCS) are referred to in support of the case that the proposed planning obligations meet these tests:-
WDLP Policy GD3 - states that planning obligations will be sought to ensure development proposals can be accommodated with acceptable impacts on the community and the environment as well as meeting the objectives of sustainable development. The policy is consistent with the Framework is seeking to ensure proposals represent sustainable development. Having regard to the advice in paragraph 215 of the Framework, it is considered that significant weight can be afforded to this policy. See Appendix 1
WDLP Policy SR5 - requires development proposals to minimise the need to travel and looks for proposals to include measures to promote sustainable modes of travel. The policy is considered to be consistent with the provisions of the Framework, particularly paragraph 30. Significant weight can be afforded to the policy. See Appendix 2
WDLP Policy COM2 - sets out the council’s policy on the delivery of affordable housing to meet local needs. The proposed development is above the defined thresholds and it is clear that this policy is relevant to determination of the appeal. This policy is consistent with Framework and provisions of paragraph 50. It can be afforded significant weight in the determination of the appeal. See Appendix 3
WDLP Policy COM12 - sets out the requirement for the provision of public open space where there is a deficiency in the local area. The saved policy also outlines the mechanism for the long-term maintenance of areas of public open space. See Appendix 4
WWCS Policy WCS17 - this policy seeks to ensure development proposals include facilities that allow separate of recyclable waste. The policy also refers to the provision of developer contributions as an alternative to on-site provision of recycling facilities. There is no specific reference to recycling facilities in the Framework, although under the environment role of sustainable development set out under paragraph 7 there is reference to the prudent use of natural resources. As the Core Strategy has been adopted since the publication of the Framework full weight can be attributed to Policy WCS17. See Appendix 5
The proposed planning obligations in the signed s106 agreement cover the following issues:-
Schedule 1 - Affordable Housing
The provision of a proportion of affordable housingas part of the proposed scheme. The proposed residential (Class C3) element of the scheme would include up to 200 affordable houses. This represents 40% of the total number of units proposed. A mix of units is proposed as described in the application submissions as well as the officer’s report to the Planning Committee although the final mix, sizes and layout would be subject to reserved matters.
Schedule 2 - Cycling
The provision of contributions towards the improvement to the accessibility of local services by bicycle and helping to achieve the objectives set out in the Council’s adopted Cycle Strategy ( November 2003) and supporting Wychavon District Local Plan saved Policy SR5 (see Appendix 2). A sum of £335 per dwelling is sought.
Schedule 3 - Education
The provision of a contribution towards the enhancement/provision of education facilities within the area. Contributions would be used to enhance and improve facilities at any of the following catchment area schools: Chawson First School, St Peters CE First School, Shared Westacre/Witton Middle School and Droitwich Spa High School. This is based upon the following formula:-
£1,514 per 2 bed house
£1,514 per 3 bed house
£2,271 per 4 and 4+ bed house
£606 per 2 and 2+ bed flat
No charge is made for 1 bed houses or flats or the affordable housing.
Schedules 4, 5 and 9 – Highways
The provision of contributions towards measures to enhance the existing highway network and to promote non-car travel to and from the site. Thecontributions can be split into the following sections:
a)a contribution towards Worcestershire Transport Strategy projects, a figure of £391,564.99;
b)a contribution towardsenhancingpublic transport connections to the site, a figure of £282,000; and
b)a contribution towards the lifting of a road Traffic Regulation Order, a figure of £3,660.
Schedule 6 –Formal Sports and Leisure
The s106 agreement sets out in the definition of “Formal Off Site Built Sports and Leisure Facilities” the method by which any off site contribution it is calculated. An off site contribution would only be required if the on site provision was insufficient. The sum payable will be reduced provided the proposed indoor bowls facility is fully available for use by members of the public and is of an adequate size. Full details of the on site facilities are yet to be received and agreed.
Any off site contribution (relating to any shortfall in on site provision) would be spent on the provision enhancement and/or improvement of facilities at Droitwich Leisure Centre.
Schedule 7 – Police Facilities
The provision of built police facilities within the local centre or in lieu of built facilities the provision of a contribution of £47,716 towards the provision of setting up equipment for police officers and staff and the provision of police vehicles.
Schedule 8 – On-site Public Open Space and Maintenance
The s106 agreement sets out in the definition of “On site Public Open Space Phasing Plan”the minimum requirements of on site provision. Where provision is made on site the option is given to the developer as to whether this land is transferred to the Council or to a management company.
Where the developer chooses to transfer the land to the Council the Council requires the provision of a financial contribution towards the maintenance and up keep of on-site public open space. The financial contribution is calculated and based on the level and nature of the on-site provision and is in line with the Council’s rates set out in its current grounds maintenance contract (which has been subject to full procurement process) at 2010 levels which is then multiplied by 20 years to get a capital sum. The levels in the Council’s contract are subject to CPI and this is reflected in the agreement. Figures are provided for grass cutting, shrub bed maintenance, litter collection and bin emptying, fly tip and graffiti removal, hedgerow cutting, repairs to gravel and tarmac, tree care and replacement, maintenance of woodland, weed control and maintenance of play areas and equipment and are set out in the definitions section within the s106 agreement.
The money received is applied to the on-going maintenance and upkeep of the land and facilities on the site in perpetuity.
PART B
Where the developer does not provide the minimum on site provision the Council requires the developer to pay an off site contribution which is calculated in accordance with the Council’s Supplementary Planning Guidance on Developer Contributions (page 19) – see Appendix 9 i.e. in respect of the balance of the area/facilities that are not being provided on the development. Any money received is applied and spent to improve and enhance existing public open space land and facilities within the locality.
Schedule 10 - Public Art
The provision of a contribution of £75 per dwelling towards the provision of a public art installation to be provided on or near the site. The Arts contribution would be used for a project led by the Council’s Arts Officer and would engage the new residents and other people in the vicinity in a project looking at the local heritage/distinctiveness of Droitwich. This would culminate in a piece (or pieces) of public art to be sited within the development.
Schedule 11 - Recycling
The provision of a contribution of £37.80 per dwelling to facilitate waste and recycling collections from the proposed development. This money will be spent on the provision of a recycling bin to each individual residential property on the development. The calculation of £37.80 covers the cost of the Council providing the bins themselves.
The following table explains how the above planning obligations comply with the three tests set out in paragraph 204 of the Framework:
Planning Obligation / Test 1 – necessity / Test 2 – directly related to the proposeddevelopment / Test 3 – fair and reasonable in terms of
scale and kind
1. Provision of
affordable housing / The provision of affordable
housing is required for the
proposal to comply with the provisions of WDLP saved policyCOM2 (see Appendix 3). Without a planningobligation securing theprovision of an adequate
proportion and mix ofaffordable housing the
proposed would fail to meet the housing
needs of the
district and area in general
and therefore be contrary to the provisions ofparagraph 50 of the Framework.
See Appendix 3 for Housing Needs Assessment – Droitwich) / The provision of affordable
housing as a proportion of the housing proposed means the obligation is directly related tothe proposed development. / The level of affordable housingproposed is above that advocated inWDLP saved Policy COM2 which looks forup to 30%. However the levelproposed is that which is advocated inSWDP Policy SWDP15 (see Appendix 3) that seeks40% affordable units. The provisionof 40% affordablehousing istherefore considered fair andreasonable as the proportion advocated underemerging development policies
2. Contribution towards enhanced cycling opportunities / It is important to ensure that measures are in place to promote and maximise sustainable modes of transport and ensure the proposed development minimises the need to travel by car. The Council’s SPG dated November 2003 (see Appendix 2) promotes cycling by creating a comprehensive cycle network of safe and attractive routes. Failure to provide the contribution would result in the site not being connected effectively to the north and west of Droitwich / The s106 contribution would help to fund local signage and an on and off road route from the site to the A38 Roman Road – see full written justification in Appendix 2. / The estimated cost of the works to form the on and off road cycle route from the site to the A38 Roman Road is £172,000. See detailed costing schedule in Appendix 2. The s106 contribution is based on £335 per property (excluding the care facility) which equates to £167,500 which is in fact below the estimated cost of the works and therefore is considered fair and reasonable
3. Contribution
towards off-site
education facilities / The provision of up to 500 dwellings will result extra demands being placed on the local schools. Worcestershire County
Council has the responsibility of accommodating residents of the proposed
development in their schools. Comments
from the County Council
officer have been included as attachments to the
appeal questionnaire. Furthercomments in support of this
planning obligation are
included as part of this statement.
Failure to provide the
contributions would result in the proposed
development creating
school capacity problems.
Without the proposed
contribution, the
proposed development would have an
unacceptable impact on the community
and potentially lead
to the need for pupils to travel further to
access education facilities.
The obligation is necessary to ensure the proposed
development complies
with WDLP saved policy GD3 as well as the provisions of the council’s Developers
Contributions for Education
Facilities SPD (see Appendix 6). Reference is
also made to paragraph 72 of the Framework that
highlights the importance that the government places on ensuring that a sufficient choice of school places is available to meet the needs of existing and
new communities. / The planning obligation and
need to provide/enhance local
school facilities in
Worcestershire is directly
related to the increase in
population as a consequence of
the proposed development. / The levels of contribution are suggested by Worcestershire County Council Officers. The figure per unit varies depending upon the size of the unit proposed and therefore the likely occupation of
residents of school age.
As explained in the Developers
Contributions for Education Facilities SPD (see Appendix 6), the level of contribution requested depends upon a building cost multiplier, pupil yield, number year groups in each phase of schooling and size of units proposed.
The comments from Michael Martin-White of Worcestershire County Council are also attached at Appendix 6 and provide further explanation.
4 and 5. Contribution towards enhancement of highway network as well as promotion of non-sustainable modes of travel / It is important to ensure that measures are in place to promote and maximise sustainable modes of transport and ensure the proposed development minimises the need to travel.
It is also crucial to ensure that the traffic associated with the proposed development can be accommodated safely and adequately on the existing highway network.
Without the proposed obligations the proposed development would fail to meet the objectives of sustainable development and to meet the
requirements of
WDLP saved policies GD3 (see Appendix 1) and SR5 (see Appendix 2). / The planning application includes a Transport Assessment with improvements to public transport services directly related to the proposed residential development. Monies to fund these measures are therefore directly related to the proposed development. The proposed bus service will serve the proposed development and is therefore directly related to it.
A Technical Note fromWorcestershire County Council Highways dated 21 January 2014 provides background to the Worcestershire
Transport Strategy and the type of projects that contributions will be funded through planning obligations.
Some of these projects are major schemes that all development proposals of a certain size in the county are expected to pay towards. Others are more local and generalised. By virtue of its scale, the proposed development will have an impact on travel within the county and therefore thedevelopment is directly related to the WTS projects. / The sum of £282,000 towards funding the public transport improvements is considered fair and reasonable to the appellants (see Appendix 7) Email dated 23rd January 2014 to Phil Jones Associates and an E-mail dated 16th January 2014 to Neil Pearce from Christopher Holloway Transport Planning and Review Officer for Worcestershire County Council)
Similarly, the sum of £391,564.99 suggested for the Worcester Transport Strategyhas also been agreed with theappellants.(See Technical Note by WCC dated 21st January 2014 at Appendix 7)
The existing road Traffic Regulation Order is required to be extinguished in order to facilitate the use of Newland Road for public transport and emergency vehicles. The cost of extinguishing the Order is £3,660.
The County Council Highway Officers have been asked to provide furtherexplanation as to how the level ofcontribution has been calculated and will address the Inquiry at the appropriate time.
6. Contribution towards formal built sports and leisure / The proposed development would generate a demand for sport and
leisure facilities. The Council commissioned a study (Nortoft study) in 2010 to assess the level of sports facility provision within the district. This study has shown a shortage of built sports facilities within Wychavon
(see Appendix 4 for Overview of Study). Pages 20 – 22 and the Addendum
of the Council’s SPG on
Developer Contributions
(see Appendix 9) includes the advice that the
Council will seek either
provision of on-site formal sports and leisure facilities
(or monies in lieu of)
where there is demonstrable demand. The proposed planning obligation is therefore in accordance with
this guidance.
The proposal includes on-site provision in the form of an indoor bowls facility. Full details are yet to be agreed but subject to it being an appropriate size and being open to the public this mayfulfil the on site requirements.
Without the proposed facility and the planning obligation residents would need to travel further afield to access sports facilities. For these reasons the planning obligation is deemed necessary in order to meet the requirements of WDLP saved policy GD3.
(see Appendix 1) / The provision of the proposed
indoor bowls facility relates specifically to the proposeddevelopment and the demand/requirement for sports
facilities by the residents of the proposed scheme. / Comments from the Council’s
Community Development
Manager are included in Appendix 4. See also pages 14 -21 of the Council’s SPG Developer Contributions and the Addendum at Appendix 9
7. Contribution towards police facilities / Without the contribution the development will be unacceptable in planning terms and permission should not be granted as indicated in the NPPF. The lack of capacity in existing infrastructure to accommodate the population growth and associated demands occasioned by the development means that it is necessary for the developers to provide a contribution so that the situation might be remedied / The request is directly related to the developments and the direct policing impacts it will generate based on an examination of demand levels in the local SNT and TPU area in which it is situated, adjacent areas and existing policing demands and deployment in relation to this. / The request is wholly related in scale and kind of the appeal developments.
West Mercia Police have provided a detailed written justification which is included in Appendix 8.
8. Contribution towards the maintenance of On-site Open Space / The proposal includes extensive areas of on-site public open space, strategy landscaping areas, formal and informal play areas and SUD’s areas.
The provision of these are required in order to make the development acceptable in planning and landscape terms in accordance with saved Policy COM12 of the Wychavon District Local Plan 2006 ( see Appendix 4). / The financial contribution will be calculated based on the precise nature and quantum of on-site provision so that it is directly related to the proposed development. / A detailed breakdown of figures for each of the maintenance components of the on-site open space has been provided in the s106 agreement and is considered to be fair and reasonable. The amounts are based on the Council’s current Grounds Maintenance Contract dated 2010. This was the subject to a full OJEU procurement process
10.Contribution
towards public art
installation / Page 28-31 of the Council’s
Developer Contributions SPG (see Appendix 9)
states the Council’s commitment to bringing forward pubic art schemes as part of development
proposals. There is nomention within the submissions to the provision of a public
art installation as part of the proposed scheme.
As such, the Council consider a contribution
towards public art
is appropriate and
necessary for the scheme to comply with SPG
advice (see the
Community Development
Manager’s comments in Appendix 4). / The proposed public art
installation would form part of the proposed development
and is therefore considered
directlyrelated to it. / The proposed contribution is
considered acceptable by the
appellants and is sufficient to provide an appropriate form of public art on the site.
(see the Community
Development Manager’s
comments in Appendix 4).
11.Contribution
towards waste and
recycling
collections / The proposed development
will increase the generation of waste in the area, particularly household waste. Policy WCS17 (see Appendix 5) seeks the provision of recycling facilities within development proposals, or contributions towards off-site provision. In addition page 23 of the Council’s SPG on Developer Contributions (see Appendix 9) states that the council will seek provision of recycling facilities. The Council has a kerbside recycling collection service and the proposed contribution will cover the cost of a recycling wheelie bin and set up admin costs. / The proposed obligations will
fund recycling facilities/
service directly related to theproposed development. / The contribution of £37.80 per unit represents the cost of providing a recycling wheelie bin and associated set up costs for each residential unit. This is considered to represent a fair and reasonable contribution. (See Appendix 5 for breakdown of Recycling Contribution calculation per property)
List of Additional Documents