Heads of Termsfor Section 106 Agreement/Undertaking: Growth Area Site

Planning Obligation / Regulation 122 Assessment
Detail / Amount(s) / Trigger Point(s)
1 / Adult Social Care
Applies to developments of 10 dwellings or more
Project: / £X per dwelling / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as enhanced facilities and telecare required to meet the demand that would be generated pursuant to Core Strategy policy CS18, Urban Sites and Infrastructure DPD policy U24 (if applicable), KCC Guide to Development Contributions and the Provision of Community Infrastructure and guidance in the NPPF.
Directly related as occupiers will use community facilities and telecare services and the facilities and services to be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has taken into account the estimated number of users and is based on the number of dwellings.
2 / Affordable Housing
Applies to:
(i)developments of 15 dwellings or more
(ii)residential sites of 0.5 ha or more
Provide not less than 30% of the units as affordable housing, comprising 60% affordable rent units and 40% shared ownership units in the locations and with the floorspace, number of bedrooms and size of bedrooms as specified. The affordable housing shall be managed by a registered provider of social housing approved by the Council. Shared ownership units to be leased in the terms specified. Affordable rent units to be let at no more than 80% market rent and in accordance with the registered provider’s nominations agreement / Xaffordable rent units
Yshared ownership units
(indicative if outline) / Affordable units to be constructed and transferred to a registered provider upon occupation of 75% of the open market dwellings. / Necessary as would provide housing for those who are not able to rent or buy on the open market pursuant to Core Strategy policy CS12, any applicable site-specific policy in theAshford Town Centre AAP or the Urban Sites and Infrastructure DPD, the Affordable Housing SPD and guidance in the NPPF.
Directly related as the affordable housing would be provided on-site in conjunction with open market housing.
Fairly and reasonably related in scale and kind as based on a proportion of the total number of housing units to be provided.
3 / Allotments
Potentially applicable to all residential developments
Project: / £258 per dwelling for capital costs
£66 per dwelling for maintenance / Upon occupation of 75% of the dwellings / Necessary as allotments are required to meet the demand that would be generated and must be maintained in order to continue to meet that demand pursuant to Core Strategy policies CS1, CS2 and CS18, Urban Sites and Infrastructure DPD policy U24 (if applicable), Public Green Spaces and Water Environment SPD and guidance in the NPPF.
Directly related as occupiers will use allotments and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and the number of occupiers and the extent of the facilities to be provided and maintained and the maintenance period is limited to 10 years.
4 / Carbon Off-Setting Contribution
Applies to:
(i)non-residential developments of at least 1000 m2 gross external floorspace
(ii)non-residential sites of 1 ha or more
Contribution for funding carbon savings(excluding infrastructure)based on the residual carbon emissions of eachbuilding, asset out in the energy performance certificate and quantified over 10 years / To be calculated using the shadow price of carbon set out in the Sustainable Design and Construction SPD / Payable on the occupation of each building / Necessary in order to ensure the development is carbon neutral pursuant to Core Strategy policies CS1, and CS10 (C), the Sustainable Design and Construction SPD and guidance in the NPPF.
Directly related as only carbon emissions from this development would have to be off-set.
Fairly and reasonably related in scale and kind as off-setting would not be required in the absence of carbon emissions from this development and any payment is based on the amount of carbon dioxide to be offset.
5 / Cemeteries
Potentially applicable to all residential developments to be built out from 2020 onwards
Project: / £284 per dwelling for capital costs
£176 per dwelling for maintenance / Upon occupation of 75% of the dwellings / Necessary as cemeteries are required to meet the demand that would be generated and must be maintained in order to continue to meet that demand pursuant to Core Strategy policies CS1, CS2, and CS18, Urban Sites and Infrastructure DPD policy U24 (if applicable), Public Green Spaces and Water Environment SPD and guidance in the NPPF.
Directly related as occupiers will use cemeteries and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and the number of occupiers and the extent of the facilities to be provided and maintained and the maintenance period is limited to 10 years.
6 / Children’s and Young People’s
Play Space
Potentially applicable to all residential developments
Project: / £649 per dwelling for capital costs
£663 per dwelling for maintenance / Upon occupation
of 75% of the dwellings / Necessary as children’s and young people’s play space is required to meet the demand that would be generated and must be maintained in order to continue to meet that demand pursuant to Core Strategy policies CS1, CS2 and CS18, Urban Sites and Infrastructure DPD policy U24 (if applicable), Ashford Town Centre AAP policy TC27(if applicable), Public Green Spaces and Water Environment SPD and guidance in the NPPF.
Directly related as occupiers will use children’s and young people’s play space and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and the number of occupiers and the extent of the facilities to be provided and maintained and the maintenance period is limited to 10 years.
7 / Community Learning
Applies to developments of 10 dwellings or more
Project: / £X per dwelling / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as enhanced services required to meet the demand that would be generated and pursuant to Core Strategy policy CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), KCC Guide to Development Contributions and the Provision of Community Infrastructure and guidance in the NPPF.
Directly related as occupiers will use community learning services and the facilities to be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has taken into account the estimated number of users and is based on the number of dwellings.
8 / Controlled Parking Zone
Potentially applies to all developments
Contribution towards the making and implementation of a traffic regulation order for the site / £X per dwelling / Upon occupation of 75% of the dwellings / Necessaryin order to protect the residential amenity of future residents and in the interests of highway safety and convenience pursuant to Core Strategy policies CS1, CS15 and CS18, Urban Sites and Infrastructure DPD policy U24 (if applicable) and guidance in the NPPF.
Directly related as occupiers will be affected by use of the roads on the site and will use the roads.
Fairly and reasonably related in scale and kind considering the extent of the development.
9 / Health Care
Applies to developments of 10 dwellings or more
Project: / £504 for each 1-bed dwelling
£720 for each 2-bed dwelling
£1008 for each 3-bed dwelling
£1260 for each 4-bed dwelling
£1728 for each 5-bed dwelling or larger
£0 for any affordable units / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as additional healthcare facilities required to meet the demand that would be generated pursuant to Core Strategy policy CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), saved Local Plan policy CF19 and guidance in the NPPF.
Directly related as occupiers will use healthcare facilities and the facilities to be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has been calculated based on the estimated number of occupiers.
10 / Informal/Natural Green Space
Potentially applicable to all residential developments
Project: / £434 per dwelling for capital costs
£325 per dwelling for maintenance / Upon occupation
of 75% of the dwellings / Necessary as informal/natural green space is required to meet the demand that would be generated and must be maintained in order to continue to meet that demand pursuant to Core Strategy policies CS1, CS2 and CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), Ashford Town Centre AAP policy TC27(if applicable), Public Green Spaces and Water Environment SPD and guidance in the NPPF.
Directly related as occupiers will use informal/natural green space and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and the number of occupiers and the extent of the facilities to be provided and maintained and the maintenance period is limited to 10 years.
11 / Junction 10A
Applies to:
(i)Any development on the following Local Plan sites:S13 - Cheeseman’s Green, S14 – Waterbrook, S16 - Bushy Royds, S17 - Park Farm
(ii)Any development within a 5 minute (off peak) isochrone centred on M20 junction 10 that would, in the opinion of the Highway Authority, either individually or cumulatively as part of a larger development on the same site, generate at least 100 two-way vehicle trips between 7a.m. and 7p.m.
(iii)In exceptional circumstances major developments outside the isochrone
Contribution towards construction of junction 10A of the M20
To be paid through an agreement with Highways England under section 278 of the Highways Act 1980 / £3487.12 per dwelling
£63.40per m2 for B1 development
£40.55per m2 for B2 development
£20.88per m2 for B8 development
£348.71per m2 for A1 food development
£53.65 per m2 for A1 non-food development / Section 278 agreement to be completed before the grant of planning permission.
Payment of the contribution: (a) for commercial development, 50% on the start of construction and 50% when any part of the development is first occupied; (b) for residential development, 50% on the start of construction, 25% on the occupation of ⅓ of the dwellings and 25% on the occupation of ¾ of the dwellings / Necessary in order to meet the demand generated by the development and in the interests of highway safety pursuant to Core Strategy policies CS1, CS2, CS15 and CS18, Urban Sites and Infrastructure DPD policy U24 (if applicable), Kent Local Transport Plan and guidance in the NPPF.
Directly related as occupiers will travel and the facilities to be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has been calculated based on the scale of the development and the estimated number of relevant trips.
NB when the current indexation is included, the amounts shown are roughly doubled
12 / Libraries
Applies to developments of 10 dwellings or more
Contribution for additional bookstock at libraries in the borough / £X per dwelling / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as more books required to meet the demand generated and pursuant to Core Strategy policyCS18, Urban Sites and Infrastructure DPD policy U24(if applicable), KCC Guide to Development Contributions and the Provision of Community Infrastructure and guidance in the NPPF.
Directly related as occupiers will use library books and the books to be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because amount calculated based on the number of dwellings.
13 / Monitoring Fee
Applies in all cases
Contribution towards the Council’s costs of monitoring compliance with the agreement or undertaking / £X per annum until development is completed
or
£X one-off payment / First payment upon commencement of development and on the anniversary thereof in subsequent years (if not one-off payment) / Necessary in order to ensure the planning obligations are complied with.
Directly related as only costs arising in connection with the monitoring of the development and these planning obligations are covered.
Fairly and reasonably related in scale and kind considering the extent of the development and the obligations to be monitored.
14 / Outdoor Sports Pitches
Potentially applicable to all residential developments
Project: / £1,589 per dwelling for capital costs
£326 per dwelling for maintenance / Upon occupation
of 75% of the dwellings / Necessary as outdoor sports pitches are required to meet the demand that would be generated and must be maintained in order to continue to meet that demand pursuant to Core Strategy policies CS1, CS2 and CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), Ashford Town Centre AAP policy TC27(if applicable), Public Green Spaces and Water Environment SPD and guidance in the NPPF.
Directly related as occupiers will use sports pitches and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and the number of occupiers and the extent of the facilities to be provided and maintained and the maintenance period is limited to 10 years.
15 / Primary Schools
Applies to developments of 10 dwellings or more
Project: / £X per flat
£Y per house
£0 for any 1-bed dwelling with less than 56 m2 gross internal area / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as no spare capacity at any primary school in the vicinity and pursuant to Core Strategy policies CS1, CS2 and CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), saved Local Plan policy CF21, Developer Contributions/Planning Obligations SPG, Education Contributions Arising from Affordable Housing SPG(if applicable), KCC Guide to Development Contributions and the Provision of Community Infrastructure and guidance in the NPPF.
Directly related as children of occupiers will attend primary school and the facilities to be funded would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has taken into account the estimated number of primary school pupils and is based on the number of dwellings and because no payment is due on small 1-bed dwellings or sheltered accommodation specifically for the elderly.
16 / Public Art
Applies on allocated and other prominent sites in the town centre and for larger development schemes, especially those that create new areas of public realm
Project: / £X / Upon occupation of 75% of the dwellings / Necessary in order to achieve an acceptable design quality pursuant to Core Strategy policies CS1 and CS9, Ashford Town Centre AAP policy TC1(G)(if applicable) and guidance in the NPPF, the Ashford Borough Public Art Strategy and the Kent Design Guide.
Directly related as would improve the design quality of the development and would be visible to occupiers.
Fairly and reasonably related in scale and kind considering the extent of the development.
17 / Secondary Schools
Applies to developments of 10 dwellings or more
Project: / £X per flat
£Y per house
£0 for any 1-bed dwelling with less than 56 m2 gross internal area / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as no spare capacity at any secondary school in the vicinity and pursuant to Core Strategy policies CS1, CS2 and CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), saved Local Plan policy CF21, Developer Contributions/Planning Obligations SPG, Education Contributions Arising from Affordable Housing SPG(if applicable), KCC Guide to Development Contributions and the Provision of Community Infrastructure and guidance in the NPPF.
Directly related as children of occupiers will attend secondary school and the facilities to be funded would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has taken into account the estimated number of secondary school pupils and is based on the number of dwellings and because no payment is due on small 1-bed dwellings or sheltered accommodation specifically for the elderly.
18 / Strategic Parks
Potentially applicable to all residential developments
Project: / £146 per dwelling for capital costs
£47 per dwelling for maintenance / Upon occupation
of 75% of the dwellings / Necessary as strategic parks are required to meet the demand that would be generated and must be maintained in order to continue to meet that demand pursuant to Core Strategy policies CS1, CS2, CS18 and CS18a, Urban Sites and Infrastructure DPD policy U24(if applicable), Public Green Spaces and Water Environment SPD and guidance in the NPPF.
Directly related as occupiers will use strategic parks and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and the number of occupiers and the extent of the facilities to be provided and maintained and the maintenance period is limited to 10 years.
19 / Town Centre Commuted Parking
Applies to retail, leisure and office development in Ashford town centre
Contribution towards a specified commuted parking project
Project: / £6,500 per commuted parking space / Upon first occupation / Necessary as non-operational parking is to be provide in car parks and at park and ride sites and access by public transport and bicycle and on foot is to be promoted pursuant to Core Strategy policies CS15 and CS18, Ashford Town Centre AAP policiesTC22 and TC25and guidance in the NPPF.
Directly related as occupiers and visitors will need to access the site and the facilities to be provided would be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has been calculated based on a parking space that would otherwise need to be provided on-site.
20 / Voluntary Sector
Applies to developments of 10 dwellings or more
Project: / £X per dwelling / Upon occupation of 75% of the dwellings / Necessaryas enhanced voluntary sector services needed to meet the demand that would be generated pursuant to Core Strategy policy CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), and guidance in the NPPF.
Directly related as occupiers will use the voluntary sector and the additional servicesto be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development.
21 / Youth Services
Applies to developments of 10 dwellings or more
Project: / £X per flat
£Y per house / Half the contribution upon occupation of 25% of the dwellings and balance on occupation of 50% of the dwellings / Necessary as enhanced youth servicesneeded to meet the demand that would be generated and pursuant to Core Strategy policy CS18, Urban Sites and Infrastructure DPD policy U24(if applicable), KCC Guide to Development Contributions and the Provision of Community Infrastructure and guidance in the NPPF.
Directly related as occupiers will use youth services and the services to be funded will be available to them.
Fairly and reasonably related in scale and kind considering the extent of the development and because the amount has taken into account the estimated number of users and is based on the number of dwellings and because no payment is due on small 1-bed dwellings or sheltered accommodation specifically for the elderly.
Regulation 123(3) compliance:Fewer than five planning obligations which provide for the funding or provision of the projects above or the types of infrastructure above have been entered into.
Noticesmust be given to the Council at various stages in order to aid monitoring. All contributions areindex linked in order to maintain their value. The Council’s legal costs in connection with the deed must be paid.
If an acceptable deed is not completed within 3 months of the committee’s resolution, the application may be refused.

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