planning obligations spd obligations spd adopted july 2011.pdf · 50 annex g employment and...
TRANSCRIPT
LDFBuilding on Success
Planning ObligationsAdopted August 2010
Supplementary Planning DocumentLocal Development Framework
GLOSSARY
4GLOSSARY
6Foreword
Part 1 Planning Obligations - General Principles
71 Introduction
82 The role of the SPD
103 Priorities and review
104 What type of Obligations will be sought?
115 Process of Negotiating and Securing Planning Obligations
126 Viability Issues
127 Development Plan and Community Strategy Context
138 Qualifying Developments
139 Standard Charges
1410 An explanation of the Charges
1511 Pooling of Funds
1612 Maintenance
1613 Legal and Monitoring Fees
1714 Other Issues
Part 2 Planning Obligations List - Annexes A to G
1915 Material Considerations to be delivered through Planning Obligations
Annex A : Affordable Housing
2216 Affordable Housing - Introduction
2217 The Need for Affordable Housing
2218 Development Plan
2219 Sites where affordable housing will be sought
2320 Types of Affordable Housing
2421 Affordable Housing Requirements
Planning Obligations SPD Adopted - August 2010
Contents
22 Mix of Units and Space Standards for Social Housing 24
2423 Negotiating the Maximum Reasonable Proportion of Affordable Housing
2524 The Nature of Affordable Housing Provision
2625 Delivering Affordable Housing In Royal Borough Of Kensington and Chelsea
2626 Obtaining Subsidy
2727 Securing Affordable Housing
2728 Design Issues
2729 Procedures for Schemes that Include Affordable Housing
Annex B: Education Contributions (contributions towardsschool places)
2830 B1 Education Contributions
Annex C: Social and Community Facilities
3231 Annex C Community Facilities
3232 C1 Healthcare
3333 C2 and C3 Libraries, Indoor Sport and Leisure Facilities
3634 C4 Facilities for Local Community Groups and Young People
3735 C5 Policing resources and other emergency services
3736 C6 Community Facilities – Revenue Contributions
Annex D: Public Realm
3837 Annex D Public Realm
3838 D1 Public Realm - Parks and Open Space
4039 D2 Public Realm - Streetscape
4140 D3 Public Art
4241 D4 Community Safety
4242 D5 Public Realm Revenue Contributions
Annex E:Transport
4342 Annex E Public Transport
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43 E2 Highways & Traffic Works 44
4544 E3 Parking Restrictions
4545 E4 Travel Plans and Car Clubs
Annex F: Natural Resources Management
4746 Annex F Natural Resource Management
4747 F2 Renewable Energy
4848 F3 Flood Risk
4849 F4 Air Quality
Annex G: Employment and training measures
5050 Annex G Employment and Training
5151 G2 General Employment and Training Contributions
5352 G3 Securing Employment Premises, and use of Local Suppliers
5453 G4 Town Centres, Regeneration & Affordable Shops
Part 3: Planning Obligations Requirements
5554 Appendix 1: Planning Obligations requirement checklist
5655 Step 1: Is a contribution sought from the proposal?
6056 Step 2: Calculations
Planning Obligations SPD Adopted - August 2010
Contents
GLOSSARYAccess This term refers to the methods by whichpeople with a range of needs (such as disabledpeople, people with children, people whose firstlanguage is not English) find out about and useservices and information.
Air Quality Management Area (AQMA) An areawhich a Local Authority had designated for action,based upon a prediction that Air Quality Objectiveswill be exceeded.
Area Action Plan (AAP) A type of DevelopmentPlan Document focusing on implementation,providing an important mechanism for ensuringdevelopment of an appropriate scale, mix andquality for key areas of opportunity, change orconservation.
Car club Car Club offers members 'pay as you go'driving. The car is booked either online or over thephone, and is picked up and returned to the sameon- or off- street bay by the member. The car isbooked for the period of time required by themember. Members can generally use vehicles foras little as 30 minutes to a week or more.
Department of Communities and LocalGovernment (DCLG)* The government departmentresponsible for planning, local government, housingand regional development. The Secretary of Statefor Communities may call-in an application for hisdetermination. In such cases, the Secretary ofState/Planning Inspectorate will decide whether ornot planning permission should be granted. Inthese cases it is usually inappropriate for a s106agreement to be entered into between theDeveloper and the Council. However, if theSecretary of State is minded to grant permission,notwithstanding the Council’s objections, theCouncil will want to ensure that any planningobligations offered by the developer arereasonable, comply with planning policy and thedevelopment plan and will be delivered. Thedeveloper will normally submit a unilateralundertaking in theses situations and the Councilwill, seek to negotiate the planning obligationsbeing offered so that the obligations are securedin accordance with development plan and otherplanning policies. Such negotiations would bewithout prejudice to the Council’s objections to theproposals
Development plan document (DPD) Statutoryplanning documents, produced by the RoyalBorough, that together form the Local DevelopmentFramework.
Homes and Communities Agency (formerlyHousing Corporation)* A statutory public bodywhose role is to fund and regulate RegisteredSocial Landlords in England.
Lifetime Homes Ordinary homes designed toprovide accessible and convenient homes for alarge segment of the population from youngchildren to frail older people and those withtemporary or permanent physical or sensoryimpairments. Lifetime Homes have 16 designfeatures that ensure that the home will be flexibleenough to meet the existing and changing needsof most households, as set out in the JosephRowntree Foundation report ‘Meeting Part M andDesigning Lifetime Homes’.
Local Development Framework Statutory plansproduced by the Royal Borough that comprise aportfolio of development plan documents includinga core strategy, proposals and a series of areaaction plans.
Local Implementation Plan (LIP) Statutorytransport plan produced by the Royal Boroughbringing together transport proposals to implementthe Mayor of London’s Transport Strategy at thelocal level.
Local Strategic Partnership (LSP) Cross-sectoral,cross-agency umbrella partnerships, which arefocused and committed to improving the quality oflife and governance in a particular locality. Theyseek to enable services to be aligned in a way thateffectively meets the needs and aspirations ofthose who use them.
Major development The definition of MajorDevelopment is as defined in Art. 1 of the GeneralDevelopment Procedure Order 1995.
Metropolitan Open Land Strategic open landwithin the urban area that contributes to thestructure of London.
Nature conservation Protection, managementand promotion for the benefit of wild species andhabitats, as well as the human communities thatuse and enjoy them. This also covers the creationand re-creation of wildlife habitats and thetechniques that protect genetic diversity and canbe used to include geological conservation.
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Open space All land that is predominantlyundeveloped other than by buildings or structuresthat are ancillary to the open space use. Thedefinition covers a the broad range of types of openspace, whether in public or private ownership andwhether public access is unrestricted, limited orrestricted.
Public realm The spaces between and withinbuildings that are publicly accessible, includingstreets, squares, forecourts, parks and openspaces.
Public Transport Accessibility Level (PTAL)Provides a methodology for assessing the relativeease of access of a location to the public transportnetwork. PTAL 1 is 'very poor' with PTAL 6 being'excellent'.
Renewable Energy Energy derived from a sourcethat is continually replenished, such as wind, wave,solar, hydroelectric and energy from plant material,but not fossil fuels or nuclear energy.
Section 106 Agreements These agreementsconfer planning obligations on persons with aninterest in land in order to achieve theimplementation of relevant planning policies asauthorised by Section 106 of the Town and CountryPlanning Act 1990. Such obligations can (i) restrictthe development or use of land in any specifiedway; (ii) require specified operations or activitiesto be carried out in, on, under or over the land; (iii)require the land to be used in any specified way;or (iv) require a sum or sums to be paid to theCouncil (or the Greater London Authority) on aspecified date or dates or periodically. Referencesto s106 “agreements” in this SPD equally refer to“unilateral undertakings” provided under s106 ofthe Town & Country Planning Act 1990.
Planning obligations should meet the tests as setout in Government policy in Circular 05/2005 andthe requirements specified in the CommunityInfrastructure Levy (CIL) Regulations 2010. TheCIL Regulations 2010 came into force on 6th April2010.
From 6 April 2010 it will be unlawful for a planningobligation to be taken into account whendetermining a planning application for adevelopment, or any part of a development, that iscapable of being charged CIL if the obligation doesnot meet all of the following tests:
(a) necessary to make the development acceptablein planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kindto the development.
Supplementary Planning Document (SPD) AnSPD forms a part of the Local DevelopmentFramework supplementing specific policies in theplan. It must be consistent with national andregional planning guidance, as well as the policiesset out in the adopted plan. Public consultationshould be undertaken and SPDs should beregularly reviewed. SPDs may be taken intoaccount as a material consideration.
Transport Assessment This is prepared andsubmitted alongside planning applications fordevelopments likely to have significant transportimplications. For major proposals, assessmentsshould illustrate the following: accessibility to thesite by all modes; the likely modal split of journeysto and from the site; and proposed measures toimprove access by public transport, walking andcycling.
Transport for London (TfL)* A statutory bodyappointed by the Mayor of London for the purposeof providing public transport in the capital and fordelivering an integrated and sustainable transportstrategy for London.
Unitary Development Plan (UDP) Statutory planproduced by the Royal Borough which integratestrategic and local planning responsibilities throughpolicies and proposals for the development anduse of land in the area.
Vicinity:in this document means nearby and withinsurrounding area so as to ensure a geographicalrelationship between the contribution and thedevelopment.
Wheelchair accessible housing This refers tohomes built to meet the standards set out in thesecond edition of the Wheelchair Housing DesignGuide by Stephen Thorpe, Habinteg HousingAssociation 2006.
* Note: references made to any existingorganisation, body or guidance will apply tosuccessor arrangements as changes may occurover time
5Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
ForewordThis Supplementary Planning Document (SPD) has been prepared to set out the Royal Borough ofKensington and Chelsea’s approach, policies and procedures in respect of planning obligations. Theseare taken forward through legal agreements, typically known as Section 106 Agreements, made unders106 of the Town and Country Planning Act 1990 (as amended). Such legal agreements are oftencalled “planning obligations”. They are usually negotiated and entered into between the local planningauthority and all parties with a legal interest in the development site being the subject of the planningapplication, including the owners and developers of the site.
The document is also on the Council's website www.rbkc.gov.uk. Further information can be obtainedvia the Council's website, or by email to [email protected] or sent by post to:
Planning Policy, Planning & Borough Development, The Town Hall, Hornton Street, W8 7NX
The draft SPD was approved for consultation in January 2010. Consultation was conducted in accordancewith Regulation 17 of the Town and Country Planning (Local Development) (England) Regulations 2004and the Council’s adopted Statement of Community Involvement, December 2007, for a period of sixweeks from 29th January to 12th March 2010.
During this period, the draft SPD, together with the Statement of SPD Matters and standard responseform, was made available for inspection at the Kensington Town Hall, all local libraries and on theCouncil’s website. Approximately 300 people viewed the web page during this period. A press releasewas also produced and circulated.
Notice of the consultation arrangements was published in the Kensington and Chelsea News on 5th
February 2010, the Council’s LDF newsletter and sent to all Councillors and approximately 400 consulteeson the LDF database.
Should you need any further information on the SPD, please call on 020 7361 2732, or email the aboveaddress.
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1: Introduction1.1 This Supplementary Planning Document(SPD) has been prepared to set out the RoyalBorough of Kensington and Chelsea’s approach,policies and procedures in respect of planningobligations. These are taken forward through legalagreements, typically known as Section 106Agreements, made under s106 of the Town andCountry Planning Act 1990 (as amended). Suchlegal agreements are often called “planningobligations”. They are usually negotiated andentered into between the local planning authorityand all parties with a legal interest in thedevelopment site being the subject of the planningapplication, including the owners and developersof the site. In some limited circumstances theapplicant for planning permission might be able tosubmit a unilateral planning obligation known as a”unilateral undertaking”. This is where the localplanning authority is not a party to the agreementand does not make any covenants on the Council’sbehalf.
1.2 In either case, all parties with an interest inthe development site must be a party to theagreement so that the agreement is acceptable tothe Council and enforceable to secure the deliveryof the planning obligations concerned. This meansif the development site is subject to a mortgage ora charge, the relevant bank or charge holder willneed to consent to and be party to the s106planning agreement or unilateral undertaking. Oneof the key reasons why agreements are delayedis because developers fail to make sure that allrelevant parties with an interest in land are (1)aware that they will be expected to by a party tothe agreement and (2) fail to involve the otherparties in negotiations regarding S.106 agreementsat an early stage.
1.3 Planning obligations are set out in legalagreements made under s106 of the Town andCountry Planning Act 1990 whereby developersagree to
(a) restrict the development or use of land,
(b) carry out operations in, on, under or over theland,
(c) use the land in a specified way, and/or
(d) pay a sum or sums of money towards measuresnecessary to make a scheme acceptable inplanning terms.
1.4 Planning obligations provide a means toensure that a proposal for development contributestowards the creation of sustainable communitiesthrough the above restrictions, actions orrequirements. Where planning obligations arerequired, planning permission will not usually begranted until such time as the s106 agreement hasbeen prepared and completed by all relevantparties.
1.5 Planning obligations are local land chargesand run with the land. This means they areintended to be enforceable against the originalparties who entered into the agreement orundertaking and, in most cases, against anyoneacquiring an interest in the land after it has beensold or transferred.
1.6 Obligations are generally used to minimisethe impact of the development and to implementthe Royal Borough’s planning policy through:
prescribing the nature of a development (e.g.by requiring a proportion of affordablehousing);securing a contribution from a developer tocompensate or reprovide for loss or damagecreated by a development (e.g. open space),mitigating a development’s impact on thelocality (e.g. towards the provision ofnecessary infrastructure and facilities such asthrough increased public transport provision,such as providing a new road or transportimprovements or education facilities as aresult of increased households).
1.7 The outcome of the use of planningobligations should be that the proposeddevelopment is brought into compliance with theDevelopment Plan, regional and national planningpolicies. Planning Obligations should meet thetests as set out in Government policy in Circular05/2005. As part of the introduction of theCommunity Infrastructure Levy (CIL) theGovernment introduced new statutory restrictionsupon the use of planning obligations to clarify theirrespective purposes and to ensure that the towmechanisms can work effectively and complementeachother. The final CIL Regulations 2010 cameinto force on 6th April 2010.
7Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
1.8 CIL regulation 122 places into law for the firsttime the Government’s policy tests on the use ofplanning obligations. From 6 April 2010 it will beunlawful for a planning obligation to be taken intoaccount when determining a planning applicationfor a development, or any part of a development,that is capable of being charged CIL if theobligation does not meet all of the following tests:
(a) necessary to make the development acceptablein planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kindto the development.
1.9 Used properly, planning obligations cansignificantly increase the quality of development.They can secure benefits capable of mitigating theadverse impacts of a development. However, theycannot be used to make a bad application goodwhere, for example, a scheme does not complywith the development plan. They are intended tomake acceptable development which wouldotherwise be unacceptable in planning terms (ParaB3 of Circular 05/2005).
1.10 Circular 05/2005 enables more systematicapproaches and pooling of contributions. ThePlanning Act 2008 allows for regulations toempower local councils to apply a CommunityInfrastructure Levy on new developments in theirareas to support infrastructure. This SPD has beenprepared with future changes in mind. Theapproach within the Planning Obligations SPD willassist with future work on the CIL, if implemented,and if the authority becomes a charging authority.
2: The role of the SPD2.1 This is the Planning Obligations SPD forRoyal Borough of Kensington and Chelsea. It setsout in principle what kinds of planning applicationswill require planning obligations and in broad termshow monies are likely to be spent on projectsrelated to the proposed development. This SPDcannot be an exhaustive list of the planningobligations which will be required in each case butit will provide a general guide for developers.
2.2 This SPD comprises 3 parts:
Part 1 sets out the general principlesPart 2: Annexes A-G set out the range ofobligations and their policy justification. This
section, it is intended, will be updated andamended over time.Part 3: sets out when obligations will besought, and at what level. The costs will bemonitored and updated annually.
2.3 Planning obligations will be sought to supportthe implementation of the primary aims andstrategic objectives and policies of theDevelopment Plan and where appropriate to furtherthe strategic aims of the Royal Borough ofKensington and Chelsea Community Strategy.
2.4 Where planning applications do not meetDevelopment Plan requirements, it may be possibleto make acceptable development proposals whichmight otherwise be unacceptable through the useof planning conditions, or, where this is notpossible, through planning obligations. Inconformity with Circular 05/2005, the Council willsecure planning obligations in respect of measureswhich are essential for the development toproceed and measures which are required tomitigate the impact of the development.Planning obligations will also be sought to delivernational planning objectives, such as the provisionof affordable housing.
2.5 Development specific works, such ashighways works, safety and security measures,and infrastructural requirements, are an integralpart of a development scheme and are normallyrequired to be implemented as part of thedevelopment scheme. Where necessary, aplanning obligation will be used to ensure that thesedevelopment specific works are undertakensatisfactorily. In addition, it will often be necessaryfor a development to contribute towards thenecessary infrastructure and facilitiesrequired inorder to contribute to achieving the strategicplanning objectives of the Council.
2.6 Securing financial contributions throughplanning obligations, adopting as far as possible aformula-based approach, will help meet the threecentral government objectives for planningobligations: transparency, certainty and speed.
Development Plan
2.7 The Royal Borough of Kensington andChelsea’s overall policy in relation to s106 is setout in the Unitary Development Plan 2002 (asamended September 2007) as
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MI1 Where appropriate, the Council willnegotiate planning obligations in order toensure satisfactory developments.
2.8 It goes on to give a range of examples, as itis not possible to specify the nature of the planningobligation in every appropriate case. The followingare stated for guidance purposes and should notbe considered as exhaustive:
(a) environmental improvements - to buildings, thestreet, open spaces;
(b) economic - such as securing jobs for localresidents, community based initiatives, employmenttraining schemes;
(c) provision of affordable housing;
(d) provision of community, social and healthfacilities;
(e) provision of transportation facilities includingpublic transport and highway improvements;
(f) conservation of buildings of architectural orhistoric interest
2.9 These principles of Policy MI1 are repeatedin central government guidance (Circular05/2005). Additionally, Policy MI1 is supported bythe Core Strategy. Policy C1 relates to PlanningObligations and Infrastructure Delivery. This statesthat planning obligations will be negotiated takingaccount of the proposed development, and indetermining which measure receives priority,account will be taken of the individualcharacteristics of the site, the infrastructure needsof the site and surrounding area, and the LondonPlan.
2.10 The Core Strategy is based on sevenStrategic Objectives. Each Strategic Objective hasone or more Strategic Policies, setting out moredetail.
Keeping Life Local protects all existing social andcommunity uses. It also sets out that localconvenience shopping should, for the majority ofresidents, be within a 5 minute walk, and thatschools and doctors’ surgeries should be within a10 minute walk.
Fostering Vitality sets out a policy framework thatwill protect and further encourage non-residentialuses to enrich the quality of life of residents. Itpresents a land use hierarchy for the managementof development proposals.
Better Travel Choices is about improving thequality of walking, cycling and public transport toencourage modal shift from the car. It identifieskey public transport infrastructure which willimprove accessibility.
Engaging Public Realm includes a range of issuesfrom the quality of the streetscape, through to theprovision of open spaces, communal green areassuch as garden squares.
Renewing the Legacy contains the core policiesaround conservation and new buildings, andincludes the core concept of character.
Diversity of Housing deals with housing provision,affordability and residential environment, based onthe findings of the Strategic Housing MarketAssessment
Respecting Environmental Limits setsout policiesto address climate change, flooding and waste.
2.11 The table in Part 2 illustrates the linksbetween these objectives and the relevant parts ofthis SPD.
The London Plan
2.12 The London Plan policies relating toplanning obligations are Policy 6A.4 and Policy6A.5. Policy 6A.4, on priorities in planningobligations states :
“The Mayor will and boroughs should reflectthe policies of this plan and include strategicas well as local needs in their policies for,and negotiation of, planning obligations.”Thepolicy goes on to state “ Affordable housingand public transport improvements shouldgenerally be given the highest importancewith priority also given to learning and skillsand health facilities and services andchildcare provisions.
The Mayor, when considering planningapplications of potential strategic importancewill take into account, among other issues,the content and existence of planningcontributions.”
2.13 Policy 6A.5 of the London Plan also requiresBoroughs to set out a framework for negotiatingplanning obligations. Policy 8.2 of the draftReplacement London Plan provides the Mayor’semerging policy direction and approach to planningobligations. This gives greatest priority to
9Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
affordable housing and public transport (includingCrossrail). Policy 8.3 also explains that the Mayorwill prepare guidance for Boroughs, setting out aclear framework for application of the CIL.
3: Priorities and review3.1 Circular 05/2005 – “Planning Obligations”,states that planning obligations have a positive roleto play in the planning system and used properlycan remedy genuine planning problems andenhance the quality of development. They providea means of reconciling the aims and interests ofdevelopers with the need to safeguard the localenvironment or to meet the costs imposed as aresult of development, for example the full cost ofessential community facilities required as a directresult of a proposed new development.
3.2 The range of obligations is set out underseparate topic headings in subsequent sectionswithin this document. In determining the relevantobligations, the Council will have regard to relevantgovernment guidance. This will ensure measuresare secured which are essential for thedevelopment to proceed, mitigate any impact ofthe development and are beneficial to thedevelopment of the area, in accordance with theCommunity Strategy priorities.
3.3 Certain contributions will be pooled towardprovision of measures to mitigate the impact of thedevelopments within the Borough. These will beused to provide or improve facilities to cater forincreased usage and needs arising from residentsor users of new developments in order to achievethe overall aims and objectives of the Council asset out in the Development Plan and CommunityStrategy.
3.4 After considering any comments made duringconsultation period and making any amendmentsthe Council considers appropriate , the amendedSPD will be adopted by the Council. The SPD willhave the status of a Supplementary PlanningDocument (SPD) for the Council.
3.5 An SPD forms part of the LDF to be used inthe determination of planning applications. ThisSPD will form the basis of discussions on planningapplications with, where appropriate, the aim ofcreating suitable planning obligations. This SPDwill be subject to review and has been developedas part of the Local Development Framework for
the Royal Borough. Updates to this SPD will bepublished, and progress monitored, through theAnnual Monitoring Report (AMR).
4: What type ofObligations will besought?4.1 The obligations set out in this document arenot exhaustive, and the local planning authoritymay wish to negotiate other obligations where theyare relevant and necessary to a particulardevelopment. It must be emphasised that planningobligations cannot be used to ‘make a badapplication good’. If an application is unacceptablein planning terms and cannot be made acceptableby the provision of planning obligations or theimposition of conditions, the offer of planningobligations will not mean that planning permissionwill be granted.
4.2 Examples of possible planning obligationsgiven in the Circular include new access roads,improved public transport accessibility andcommunity facilities such as open space, social,educational or sporting facilities, provided they arerelated in scale and kind to the developmentproposed. The guidance suggests that to retainpublic confidence in the planning system,negotiations on planning obligations should beconducted in a way that is seen to be fair, openand reasonable.
4.3 This SPD does not only cover financialcontributions but also benefits in kind negotiatedas part of planning applications. In many casesprovision in kind is preferable and suitable,especially where this reduces management costsand/or where finding land for a facility is a problem.Where provision is made within developments,this will be credited to the scheme and would off-setfinancial contributions that may otherwise besought. but other contributions may be secured forreasonable fitting out and infrastructure costs.These would ensure that providers of communityservices necessitated by the development havefacilities suitable for their needs and provided atnominal rents and service charges.
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5: Process ofNegotiating andSecuring PlanningObligations5.1 This SPD seeks to ensure that thenegotiation process is conducted with fairness andconsistency and it is intended that the documentbe used as a clear starting point in the negotiationprocess.
5.2 Clarifying the use of planning obligationsprovides an indication of what the Council mayexpect from developers and therefore a betterframework for discussion.
5.3 Circular 05/05 emphasises the importanceof ensuring that the negotiation of planningobligations does not unnecessarily delay theplanning process, thereby holding up development.In cases where a planning obligation is required,planning permission will not be granted until anacceptable legal agreement has been completed(or, in relation to a unilateral undertaking, anacceptable undertaking has been signed anddelivered to the planning authority). The applicantwill be informed of the target date for determinationof the application in the acknowledgement letterissued upon registration of the application.
5.4 In order for target dates to be achieved it isessential that developers (and all parties with aninterest in the development site) enter intodiscussions regarding planning obligationrequirements with Council officers as soon aspossible, during the pre-application stage. Thenature of planning obligations that are likely to berequired for a particular development will be madeknown to the developer as early as possible in theplanning process, using this SPD as a basis.
5.5 These early discussions help to ensure thatformal applications can be dealt with in a morecertain and speedy manner and allow for the legalagreement or unilateral undertaking to be executedand completed as soon as practicable followingagreement as to the heads of terms for the requisiteplanning obligations. In all cases the heads ofterms will be reported to the committee in order toreach a decision on the planning application.
5.6 It is crucial that the developer liaises with andensures that any mortgagees and/or their legaladvisors are kept fully appraised of the negotiations
concerning the legal obligations at an early stage.Mortgagees will need to consent to the planningobligation and be party to it.
5.7 In appropriate cases where s106requirements are known, developers will berequired to submit draft or executed unilateralplanning obligations as part of their planningapplication, for example, where a permit freeobligation is required.
5.8 Where a unilateral obligation is notappropriate, developers should use this SPD tosubmit and identify the heads of terms of the s106agreement with their planning application, usingthe Royal Borough’s standard legal agreements.Copies of the Council’s preferred forms of standardlegal agreements are available fromwww.rbkc.gov.uk
5.9 Unilateral planning obligations should containthe terms that reflect the terms found in thestandard legal agreements. The Council willconsider and advise upon the terms of submittedunilateral undertakings in order to ensure that theyare in a satisfactory form, effective for theirpurposes and enforceable.
5.10 It should be noted that the standard formof legal agreements may be amended by theCouncil as necessary to reflect particularcircumstances, or from time to time to reflect bestpractice. The developer will be expected toreimburse the Council for its legal and professionalcosts in relation to the negotiation, preparation andcompletion of the s106 planning obligation and/orunilateral undertaking, whether or not planningpermission is granted. Such legal costs arepayable before permission is granted, or in theevent of permission being refused or the agreementnot being completed, on refusal or within 7 workingdays of a request being made by the Council.
5.11 The developer will be required to pay theCouncil’s costs of monitoring the development andensuring that the provisions of the s106 agreementare being complied with.
5.12 In all cases heads of terms of a S106agreement need to be reported to the PlanningCommittee. Therefore, planning permission maybe refused in circumstances where the requireds106 legal agreement or unilateral undertaking isnot sufficiently completed or executed within theappropriate timescale (i.e. the 8-week, 13-weekand 16-week periods).
11Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
6: Viability Issues6.1 One aim of this SPD is to facilitate andencourage transparency in the negotiation ofplanning obligations to ensure that developers cangain access to information as early as possible inthe development process.
6.2 The Council recognises that in specificinstances planning obligations may be a significantfactor that affects development viability. However,planning obligations are a necessary cost ofdevelopment and it will be expected that the likelycost of obligations will be factored into thedevelopment cost from an early stage. It isrecognised that there may be circumstances wherea developer may consider that it is not feasible forthe proposed development to meet all therequirements set out in local, regional and nationalplanning policies and still be economically viable(for example, where development specific costsare exceptionally high).
6.3 The SPD has been subject to assessmentsof viability to ensure that what is sought is viablein the local context, and will be reviewed andmonitored over time. Therefore the onus will beon the developer to provide robust informationregarding the viability of an individual scheme. Inthese circumstances, the Council may review therange and nature of obligations. In order todetermine such applications in accordance withCircular 05/05, the Council may require valuationadvice and/or the use of an independent third party.
6.4 In cases where a dispute relates to theviability of a proposal, and in any case, where thelocal planning authority considers it appropriate,verification of viability assessment will be carriedout by an independent third party of the Council’schoice. The applicant will be required to provideany financial information to support the viabilityassessment to the Council and/or to theindependent assessor, on a strictly confidentialbasis. Open book appraisal may be required. TheCircular stresses that the role of the independentthird party is to facilitate or contribute to thenegotiation process, not to arbitrate, and thatresponsibility for the final determination of theapplication remains with the local planningauthority. The Council will require its reasonablecosts associated with the use of anindependent third party or any other necessaryvaluation advice to be paid for by the developerfollowing the assessment being carried out.
6.5 Any analysis will be based on land values asset by the application of planning policy indetermining the permissible scope of development,rather than on the price actually paid for the land. For this reason valuations will be done on aresidual basis where the value of land is an outputof the process. Arguably no allowance should bemade for the original cost of purchasing the landor for payments that are contracted to be made tothe landowner or third party under an existingoption, conditional land sale agreement, profit share(overage) or clawback arrangement. If it issuggested that the viability of the development iscompromised as a result of an allowance for theseitems then it will be at the discretion of the Councilas to what extent, if any, obligations are amendedin recognition of them.
6.6 In order to address economic uncertaintieswhich may arise over the lifetime of the proposalthe Council will give consideration to put in placeprovisions for re-appraising the viability of schemesprior to implementation in whole or in part. Theseare also known as “contingent obligations” and mayalso be known as “overage” provision or clauses.These will obligate the applicant to resubmit afinancial appraisal immediately prior to thecommencement of the development. If the marginsof viability/profitability have increased sincedetermination further obligations will be payable.If the situation has not improved the approvedobligation stands. This allows for development tobe carried out when it may otherwise would not beviable to do so, or to do so would be at increasedlevels of risk. It may also serve to encouragedevelopment sooner rather than later.
7: Development Planand Community StrategyContext7.1 The Community Strategy sets out a visionfor Kensington and Chelsea up to 2018. ‘TheFuture of our Community 2008-2018’ involvesresidents, the Council, the police, the fire service,the Primary Care Trust, local businesses and themany voluntary and community organisations inthe Borough who have been working hard toimprove things for the people who live in, work in,or visit the Royal Borough.http://www.rbkc.gov.uk/kcpartnership/general
7.2 The strategy is based upon a series ofextensive consultation exercises and a review bypartner organisations of their current policies and
Adopted - August 2010 Planning Obligations SPD12
priorities. The new strategy retains the format ofthe 2005 version and is organised around thefollowing eight themes:
Environment and TransportCulture, Arts and LeisureSafer CommunitiesHealth and Social CareHomes and HousingCommunity, Equality and InclusivityAchieving PotentialWork and Business
7.3 Part 2 of this SPD identifies the links betweenthis SPD, the above themes, and the StrategicObjectives of the Core Strategy of the LocalDevelopment Framework.
8: QualifyingDevelopments8.1 The exact type and range of planningobligations, which may be sought for an individualsite, will depend upon the particular circumstancesand development proposed, and its impact uponthe local environment, local services and facilities.Whether or not planning obligations will be soughtwill be linked to the scale and type of development.
8.2 The thresholds for the planning obligationsare set out in Appendix 1. For all majordevelopments where a standard charge exists, theformula-based standard charge will be applied.
8.3 Smaller developments, will also contributecharged per unit or per sq m. in order to fairlyapportion the impact of development across allsite types. Types of obligations which do not yethave a standard charge also fall within the scopeof mitigation measures secured through legitimateplanning obligations. Through review and updatingof the SPD, standard charges may be developedfor these in the future.
8.4 Where, in the following sections of thisdocument, the term ‘major development’ is usedto describe a threshold, this refers to the definitionof major development in the Town and CountryPlanning (General Development Procedure) Order1995.
• For dwellings: where 10 or more residential unitsare to be constructed (or if the number is not given,the site area is 0.5 hectares or more)
• the provision of a building or buildings where thefloor space to be created is 1000 sq metres or more(or site is 1 hectare or more).
8.5 Development is taken to include newdevelopment, redevelopment, and changes of use.Thresholds for qualifying developments are basedon the total gross development, rather than on thenet additional development, although the relevantformulae to calculate a contribution will be appliedon a pro-rata basis for gross floor area (GFA)above the thresholds. For these purposes GrossExternal Area (GEA) is used.
8.6 In significant redevelopment cases, such asEstate Renewal, or in comprehensiveredevelopment, the impacts of the developmentwill be assessed to secure reasonable obligationswhich appropriately mitigate the developmentimpact.
8.7 There are a number of sites or areas in theBorough where development requires moredetailed guidance than is contained in theDevelopment Plan, in the form of developmentbriefs as SPDs or AAPs. Where such guidance isprepared, planning obligations specific to the siteor area will be identified based on DevelopmentPlan policies, this SPD and site specificcircumstances.
8.8 Where development sites are subdivided ordeveloped in phases and this has the effect thatseparate development proposals (within a largerdevelopment site) fall below thresholds for whichplanning obligations may be sought the Councilwill (as far as is practical and reasonable) considersites in their totality when assessing the appropriatenecessary planning obligations.
8.9 Legal agreements (or unilateral undertakings)will need to allow for any increases in some or allof the required obligations subject to the detail ofthe application when considered at the reservedmatters stage, or if subsequent details indicate thatthresholds will be exceeded.
9: Standard Charges9.1 The government, through legislation,encourages the use of standard charges andformulae to calculate financial contributions, whereappropriate and where used consistently. The useof standard charges can give greater certainty todevelopers and increase the speed of negotiations.
13Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
9.2 There will continue to be a presumption infavour of the on-site provision of benefits soughtby planning obligations and the Council willnormally expect the developer to carry out theworks. However, where it is not possible or practicalto provide these benefits on-site, or where adevelopment is required to contribute towardsstrategic infrastructure or facilities, a financialcontribution will be sought towards the provisionof these benefits offsite.
9.3 The Council will adopt a consistent approachto the application of standard charges in order toensure fairness, predictability and transparency,and will be dependent on the nature of of theproposed development. In all cases, the RoyalBorough of Kensington and Chelsea as the localplanning authority reserves the right to enter intonegotiations specific to part or all of a proposeddevelopment should this be appropriate. Negotiatedplanning obligations will normally be required forlarge and complex developments. In such cases,the standard charges may act as a starting pointfor negotiations.
9.4 In cases where individual developments willhave some impact but not sufficient to justify theneed for a discrete piece of infrastructure,contributions may be sought from developerstowards future provision where the combinedimpact of a number of developments does, may orwill create a need for infrastructure. In such casesCircular 05/05 advises that spare capacity inexisting infrastructure provision should not becredited to earlier developers. The Council willadopt this approach, in order to ensure that thenegotiation of planning obligations is consistentand fair to all developers, and will continue to takeinto account any relevant circumstances in eachcase to ensure that any negotiations for planningobligations comply with Circular 05/05, the CILRegulations 2010 and any subsequent changes tothe planning obligations regime.
9.5 For developments staying within the sameUse Class the floorspace or units which alreadyexist on the site may be subtracted from thecalculation so that the net additional impact isassessed, subject to the actual level of need thatarises from the development proposal. Forchanges of use, separate calculations may needto be made for the proposed use, and the existinguse, and the actual obligation sought will beassessed with reference to the difference betweenthe two (except that a ‘negative’ contribution willnot be allowable).
9.6 Each case will be considered on its meritsto ensure that any obligation sought is sufficient toensure that the proposed development isacceptable in policy terms and that the tests ofCircular 05/05, an dthe stautory tests contained inthe CIL Regulations 2010 are met.
9.7 Please note that for formulae that are basedon gross external area (GEA), the relevant formulaewill be applied on a pro-rata basis for GEA abovethe thresholds.
10: An explanation ofthe Charges10.1 Planning obligations are required in orderto deliver an acceptable development where theapplication does not accord with the developmentplan, or to regulate the future use and managementof the land. This may, for example, include therequirement that the applicant undertakes off sitehighway works and ma involve a S278 Agreement.These requirements are usually highly specific tothe site or type of development being proposedand as such this SPD does not try to set out all ofthe circumstances where such requirements willarise.
10.2 The SPD is focussed on those planningobligations which arise directly out of theapplication of policies in the Development Plan,such as the requirement to provide affordablehousing and are relevant across the wholeBorough.
10.3 Different types and scales of developmentwill require different planning obligations. TheCouncil will apply a series of formulae orstandardised charges for particular services orfacilities. Detailed advice and the formulaeapplicable to particular obligations or services areset out in Annexes A to G. Appendix 1 identifiesthe thresholds at which level the charges, wherethey exist, are triggered. These will be reviewedand updated over time.
10.4 A Development Contributions Schedule hasbeen developed to assist applicants in formulatingthe likely planning obligations.
10.5 The following table summarisesinfrastructure for which there is a standard charge,and those for which a formula-based approach isnot readily available, but obligations will be soughtcommensurate with the impact of the development:
Adopted - August 2010 Planning Obligations SPD14
Obligations sought (non-formula based, and site specific)Standard charge applied
Community facilitiesAffordable Housing
Streetscape improvementsEducation
Community safetyHealth facilities
Public transportLibraries
Highways and traffic worksSport & Leisure
Parking restrictionsParks and open spaces
Travel Plans and Car ClubsPublic art
Energy efficiencyAir quality
Renewable energyConstruction training
Flood risk mitigation measuresEmployment and training
Securing employment premises
Town centre improvements and retail
Policing resources and emergency services
Table 10.1
11: Pooling of Funds11.1 Where the combined impact of a numberof developments creates the need for infrastructureor facilities, associated developers’ contributionscan be pooled, in order to allow the requiredinfrastructure to be secured in a fair and equitableway. Where this is required, the Council will takeaccount of the CIL Regulations 2010.
11.2 CIL regulation 123 (3) has the affect thatfrom 6 April 2014 and locally on the date that acharging authority’s first charging schedule takeseffect, whichever is earlier, local planningauthorities will no longer be able to seek more thanfive individual planning obligation contributionstowards infrastructure that is capable of beingfunded by CIL. Local planning authorities shouldnot seek to define individual CIL infrastructure itemsby breaking them into smaller units or componentparts for the purpose of circumventing this policy.For infrastructure that is not capable of beingfunded by CIL, local planning authorities are notrestricted in terms of the numbers of obligationsthat may be pooled,
11.3 In some cases, individual developments willhave some impact but not sufficient to justify theneed for a discrete piece of infrastructure, and localplanning authorities may wish to consider whetherit is appropriate to seek contributions to specificfuture provision. The Circular makes it clear that,in these cases, any spare capacity in existinginfrastructure should not be credited to developers.
11.4 Similarly, where an item of infrastructurenecessitated by the cumulative impact of aseries of developments is provided by a localauthority or other body before all thedevelopments have come forward, the laterdevelopers may still be required to contributethe relevant proportion of the costs.
11.5 In cases where a financial contribution issought towards off-site provision, funds may bepooled to contribute towards the strategic aims ofthe Development Plan and the CommunityStrategy, that would lessen the impact (or enhancethe benefits) of new developments in the area andhelp integrate the developments into the localcommunity. Some schemes are Borough-widewhilst others are local.
15Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
11.6 In accordance with Circular 05/05, in theevent that contributions are made towards specificinfrastructure provision but the infrastructure is notprovided within an agreed timeframe – normallyten years - the local planning authority will considerentering into an agreement in order to modify ordischarge the specific planning obligation. Anypooling of funds will also take account of the CILRegulations 2010, with regard to the limit on pooledcontributions from 2014.
12: Maintenance12.1 Circular 05/05 provides scope for seekingrevenue or maintenance payments. The Circularadvises that where contributions are securedthrough planning obligations towards the provisionof facilities that are predominantly for the benefitof the users of the associated development, it maybe appropriate for the developer to make provisionfor their subsequent maintenance.
12.2 As a general rule, where an asset isintended for wider public use, the costs ofsubsequent maintenance and other recurrentexpenditure associated with the developer’scontributions should normally be borne by the bodyor authority in which the asset is to be vested.
12.3 Initial support (pump priming) of newfacilities can be sought where necessary, howeverpayments should be time-limited and not berequired in perpetuity by planning obligations. TheCouncil will seek maintenance payments wherenecessary and appropriate for ‘pump priming’, andfor facilities which are primarily intended for theuse of residents of a development or for local use,in line with the latest government guidance.Ongoing maintenance payments will not be soughtfor facilities which are intended to serve the widerpublic.
13: Legal andMonitoringFees13.1 The Planning & Borough DevelopmentDepartment takes a strategic lead on the overallreceipt, monitoring and programme managementof financial contributions, working with other partsof the Council and, through them, with externalpartner agencies to implement spend.
13.2 Payment of s106 financial contributions arerequired to be paid to the Council as the LocalPlanning Authority by law. Payments are required
on commencement of development unlessotherwise specified in the agreement to bephased according to need and impact. Paymentcan be made by electronic transfer (preferable),and/or by cheque. Once received, the money isheld in a ring fenced corporate s106 account, witha unique code against each individual obligation.
13.3 On receipt of financial contributions, thedatabase is updated and the relevant part of theCouncil, or other delivery agencies, likely to beinvolved in expenditure is informed. Relevantpartner agencies are circulated with regularinformation on receipt of money.
13.4 Non financial planning obligations will alsobe monitored via the s106 database.The dischargeof planning obligations over time requiresmonitoring and the input from a number of Councildepartments. For example, the delivery of on siteaffordable housing units is achieved through theHousing Department that manages the Borough’sallocation under the Approved Development Programme, and other housing investment funds.Some major “phased” developments schemes willrequire their own schedules to monitor planningobligations triggers and delivery.
Legal and Monitoring Fees
Legal Fees
13.5 The Council’s full legal fees in drafting andpreparing and checking a Section 106 Agreementor unilateral undertaking will have to be paid by thedevelopers before the Agreement or Undertakingis executed. The Council’s full legal fees will alsohave to be paid in the event of theagreement/undertaking not being completed forwhatever reason, or where planning permission isrefused or where the developer does not proceedwith the development or proposal. The Council’slegal fees are charged at an hourly rate based onthe number of hours dealing with the case.
13.6 The Developer’s legal adviser will beexpected to provide the Council’s legal adviser withan undertaking to pay the Council’s reasonablelegal fees before the legal department starts to dealwith the matter. Furthermore, the developer willalso be expected to pay a sum on account ofCouncil’s legal costs at the same time. Such sumwill be deducted from the total legal costs payable.
Adopted - August 2010 Planning Obligations SPD16
Where applications are referred to the Mayor andfor which Transport for London’s legal input isrequired in drafting and preparing a Section 106Agreement, their legal fees will also be met by thedevelopers.
Monitoring and other Fees
13.7 The costs of monitoring planningcontributions will be financed through monitoringfees applied to individual s106 Agreements. Thefee will depend on the extent of the obligations andthe officer time involved in concluding, monitoringand implementing the agreements and will beapplied as set out in Monitoring and ProgrammeCosts.
13.8 For a legal agreement with a total financialcontribution below £15,000 there will be a fixedcharge of £500. For legal agreements with financialcontributions over £15,000 there will be a fee of2.5% on the total value of contributions. For anagreement with non-financial obligations there willbe a separate fixed fee of £500. These are set outin Appendix 2, and are based on costs inmonitoring individual agreements and will beamended annually.
13.9 If an agreement is exceptionally complicated(e.g. more than 10 items/heads of terms, variationon existing agreement, etc) and difficult to monitorit may be appropriate to request a contributionabove the standard fee.
13.10 The total value of the agreed planningobligation will exclude the monitoring costs set outin this section. These are additional and will beadded to the final cost. The fee will be payable oncompletion of the legal agreement.
13.11 Where valuation advice is required in orderto assess the application, or in cases where adeveloper has raised concerns about viability of adevelopment, the Council will expect all costs ofvaluation advice to be met by the developer. Incases where other professional advice is required,for example environmental, traffic, or ecologicaladvice, the Council may seek its costs of seekingsuch advice to be met by the developer.
14: Other IssuesConfidentiality
14.1 In compliance with the guidance containedin paragraph B42 of Circular 05/05, the Council willcomply with its statutory duty to record in Part 1 ofthe planning register details of proposed planningobligations and those planning obligations that havebeen entered into.
14.2 Once signed, the legal agreement will beregistered against the title of the property and onthe Local Land Charges Register, and is availableon the statutory planning register. It is therefore inthe public domain, and copies can be obtained formthe Council, and accessed via the website(www.rbkc.gov.uk).
Referrals, call-ins and appeals
14.3 The Mayor of London must be consultedon planning applications that are considered ofpotential strategic importance. He can commenton and support these applications or, if heconsiders it necessary on strategic planninggrounds, he can direct the Royal Borough to refuseplanning permission if he is not satisfied that theproposed conditions and obligations will, in hisopinion, make the development acceptable inplanning terms.The applicant has the right then toappeal to the Secretary of State and at that stagethe Mayor may state what obligations should beincluded in a legal agreement/unilateralundertaking. Further changes to the Mayor’spowers will be taken account of through applyingthe provisions of this SPD.
14.4 Planning applications may be appealed, orthe Secretary of State may call-in an applicationfor his determination. In such cases, the Councilwill be unable to negotiate a planning obligation,as the Secretary of State/Planning Inspectoratewill decide this. However, the developer can submita unilateral undertaking and the Council will, incases where the development would be acceptableif planning obligations were secured, seek tonegotiate with the developer and would set out thenature of the planning obligations which would besought.
17Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Use and Monitoring of s106 Legal Agreementsand Unilateral Undertakings
14.5 It is important that developers entering intoplanning obligations know where, when and howtheir money will be spent.
14.6 Planning obligations may be tied to specificschemes where they are necessary to overcomea planning objection to a development or pooledwhere planning obligations are sought from anumber of smaller developments, towards theprovision of an objective or scheme, for examplefrom the Council’s Community Strategy, CapitalProgramme and Infrastructure Delivery Plan oranother identified strategy. Potential benefitstowards which funds may be used are listed in therelevant sections of this document.
14.7 Contributions and interest accrued will beallocated to the implementation of projects specifiedin the agreement in a way that accords with theguidance in Circular 05/2005 “PlanningObligations”, and any subsequent amendments..
14.8 Expenditure of developer contributions forlocal projects is considered as part of an annualrolling programme of s106 projects to bedetermined by the Council’s relevant BusinessGroup. In this way both elected Councillors andthe public are able to see that the expenditure isappropriate, properly justified and that it meets therequisite legal tests.
14.9 A database is maintained, and incorporatesa range of information in relation to planningobligations and unilateral undertakings includingdetails of development site, relevant dates forreceipt of funds, the purpose of the obligation andlevel of funding. Developers or interested partiesare welcome to contact the Council to enquire asto the use and status of planning obligations.
Local Land Charge
14.10 Planning obligations are registerable as aLocal Land Charge and as such would come to thenotice of a prospective buyer of the land. TheCouncil will require that they will also be registeredagainst the title to the land at the land registry.
Index Linking
14.11 Contributions sought from developers willbe index linked in the legal agreement, in order tomaintain the value of the contribution. The RetailPrice Index (RPI) is the most commonly used index
of inflation. It is freely available without subscription.The Building Cost Information Service (BCIS)published by the Royal Institution of CharteredSurveyors (RICS), and the Building Price and CostIndices published by the Department of Trade andIndustry (DTI) are alternative indices. Updatingwill use the most relevant index to the subject area.
14.12 The Council will also review all or parts ofthis document from time to time in order to updatethe value of the contributions sought.
Adopted - August 2010 Planning Obligations SPD18
15: MaterialConsiderations to bedelivered throughPlanning Obligations
Part 2: Planning Obligations List – Annexes Ato G: Material Considerations to be deliveredthrough planning obligations
15.1 The following headings are the main topicareas where planning obligations will be soughtand relate to the Core Strategy and CommunityStrategy, and are detailed in the annexes following:
Community Strategy ThemeCore Strategy StrategicThemePlanning Obligation
A Affordable Housing
Homes And HousingDiversity Of HousingA1 Affordable Housing
Community, Equality And Inclusivity
B Education
Health And Social CareKeeping Life LocalB1 School Places
Community, Equality And Inclusivity
Achieving Potential
C Community Facilities
Health And Social CareKeeping Life LocalC1 Health
Community, Equality And Inclusivity
Culture, Arts And LeisureKeeping Life LocalC2 Libraries
Community, Equality And Inclusivity
Culture, Arts And LeisureKeeping Life LocalC3 Sport & Leisure
Health And Social Care
Culture, Arts And LeisureKeeping Life LocalC4 Community Facilities
Health And Social Care
Community, Equality And Inclusivity
Safer CommunitiesKeeping Life LocalC5 Policing Resources AndEmergency Services
Community, Equality And Inclusivity
Culture, Arts And LeisureKeeping Life LocalC6 Revenue Contributions
Safer Communities
19Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Community Strategy ThemeCore Strategy StrategicThemePlanning Obligation
Community, Equality And Inclusivity
D Public Realm
Culture, Arts And LeisureKeeping Life Local; PublicRealm
D1 Public Realm - Parks AndOpen Spaces,
Health And Social Care
Culture, Arts And LeisurePublic Realm; Better TravelChoices; Renewing The Legacy
D2 Public Realm –Streetscape
Safer Communities
Environment And Transport
Culture, Arts And LeisurePublic RealmD3 Public Art
Safer CommunitiesPublic Realm, Keeping LifeLocal
D4 Community Safety
Community, Equality And Inclusivity
Culture, Arts And LeisurePublic Realm; Better TravelChoices
D5 Public Realm RevenuePayments
Safer Communities
Environment And Transport
E Transport
Environment And TransportBetter Travel Choices; KeepingLife Local
E1 Public Transport
Health And Social Care
Community, Equality And Inclusivity
Environment And TransportPublic Realm, Better TravelChoices
E2 Highways & Traffic Works
Environment And TransportBetter Travel Choices; PublicRealm, Keeping Life Local,Respecting EnvironmentalLimits
E3 Parking Restrictions
Environment And TransportBetter Travel Choices;E4 Travel Plans Car Clubs
Respecting EnvironmentalLimits.
F Natural Resource Management
Environment And TransportRespecting EnvironmentalLimits
F1 Energy Efficiency
Adopted - August 2010 Planning Obligations SPD20
Community Strategy ThemeCore Strategy StrategicThemePlanning Obligation
Environment And TransportRespecting EnvironmentalLimits
F2 Renewable Energy
Environment And TransportRespecting EnvironmentalLimits
F3 Flood Risk
Safer Communities
Environment And TransportRespecting EnvironmentalLimits
F4 Air Quality
Health And Social Care
G Employment & Training Initiatives
Community, Equality And InclusivityFostering VitalityG1 Local Training InConstruction
Achieving Potential
Work And Business
Health And Social CareFostering VitalityG2 General Employment AndTraining Contributions
Community, Equality And Inclusivity
Achieving Potential
Work And Business
Community, Equality And InclusivityFostering VitalityG3 Securing EmploymentPremises
Achieving Potential
Work And Business
Culture, Arts And LeisureFostering Vitality; Public RealmG4 Town Centres AndRegeneration
Community, Equality And Inclusivity
Achieving Potential
Work And Business
Table 15.1
21Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
16: Affordable Housing- Introduction16.1 Ensuring the delivery of affordable housingis long established as an integral part ofGovernment policy. However, in recent years themanner of delivery has changed significantly.
16.2 A significant amount of affordable housingis now delivered through Registered SocialLandlords (RSLs) and through the application ofplanning policies requiring the negotiation of aproportion of affordable housing as part of housingdevelopments.
16.3 This section of the SPD explains the RoyalBorough of Kensington and Chelsea’s approachto the delivery of affordable housing through s106planning obligations. It is supplementary to, andexpands upon the Development Plan policies foraffordable housing in the Royal Borough ofKensington and Chelsea, which are set out in theLondon Plan (Policy 3.A.4), and Core Strategy(Policy CH2 – Housing Diversity). It explains howthe policies will be applied and provides additionalinformation on what will be expected when dealingwith planning applications for development forwhich an element of affordable housing should beprovided.
17: The Need forAffordable Housing17.1 There is a well-established justification forensuring an adequate supply of affordable housing.As with all London boroughs and other Councils inthe South East, the Royal Borough of Kensingtonand Chelsea Council continues to experience asignificant gap between affordable housing supplyand demand.
17.2 The 2009 Strategic Housing MarketAssessment confirms the high levels of affordablehousing need in the Royal Borough.
17.3 The need for additional housing throughoutLondon is well documented in the London Plan.This estimates that at least 10,000 new affordablehomes are required in West London for the periodup to 2016. There is also a very high demand forlarger family units. Additionally, house prices haverisen considerably throughout recent years. Theincrease in house prices in the Royal Borough isbroadly similar to the increase for London over the
same period and above the national average,including taking account of recent house pricechanges..
17.4 As part of the Core Strategy the RoyalBorough of Kensington and Chelsea Councilundertook a new Strategic Housing MarketAssessment in line with latest government guidanceto further inform the nature of housing need in theRoyal Borough.
18: Development Plan18.1 The policy context for affordable housingcontinues to be updated with new policy directionfrom the national and regional government. Thepublication of the Planning Policy Statement 3(PPS3) – Housing and the accompanyingDelivering Affordable Housing (November 2006) and The Further Alterations to the London Plan(February 2008), as well as Housing – The LondonPlan Supplementary Planning Guidance.
18.2 This SPD provides the opportunity to amplifyPolicy CH2 “Housing Diversity”, of the CoreStrategy and takes account of up-to-date nationaland regional government policy.
19: Sites whereaffordable housing willbe sought19.1 Policy CH2 of the Core Strategy sets outthe Council’s affordable housing policyrequirements. Due to the distinct circumstancesof the Royal Borough in terms of the provision ofhousing at the upper end of the property market,employment of a ten unit threshold has led to asubstantial number of cases where the applicanthas sought to avoid provision of affordable housingthrough proposing large flats with large floorspace.Within the Royal Borough, apartments can be verylarge. For example, a 9 unit development mayeasily have an internal area in excess of 1,400square metres. A floorspace equivalent, therefore,clearly lays out what the threshold will be, and whatthe Council considers, reasonably and justifiably,is equivalent to a ten unit threshold in terms ofcapacity.
19.2 Proposals with 800m2 gross externalfloorspace are expected to include provision foraffordable housing (communted sum or on sitewhere over 1,200 sq m). The maximum reasonable
Adopted - August 2010 Planning Obligations SPD22
amount of affordable housing will be sought, withthe presumption being 50% provision on grossresidential floor space in excess of 800m²:
Between 800m2 and 1200 m2, provision to bein the form of a commuted sum of £2,500 perm2 in lieu of affordable housing;
affordable housing provision on site wheremore than 1,200m² of gross externalresidential floor space is proposed, unlessexceptional circumstances exist.
19.3 Any attempt to circumvent the threshold setin the development plan, for which the maximumreasonable proportion affordable housing shall benegotiated, is likely to lead to refusal of theapplication.
20: Types of AffordableHousing20.1 One of the purposes of this SPD is to clarifywhat constitutes affordable housing in the RoyalBorough among the various types of provision:
Social Rented Housing
20.2 In accordance with the Mayor’s definition,the Royal Borough of Kensington and Chelseadefines Social Housing as: Housing that isaffordable in that rents are no greater than targetrents as set by Government (DCLG) for localauthority and RSLs and co-operative tenants.Service charges should not be so great as to makea tenancy unaffordable for a household with anincome of less than £17,000 on the basis of rentsand service charges not exceeding 30% of nethousehold income. Social Rented Housing needsto be available for rent on a long-term basis.
20.3 The Royal Borough seeks to ensure SocialHousing is let and managed by an RSL. Any otherarrangements will need to satisfy The RoyalBorough that equivalent management andstandards will be secured.
Intermediate Housing
20.4 Intermediate housing is housing where thecosts are greater than target rents (see SocialRented Housing, above) but affordable tohouseholds that have incomes in the range £17,000and £61,400 per annum or such other upper limitas may be identified in the London Plan …”£
Shared ownership – also known as New BuildHomeBuy
20.5 Shared Ownership housing is a form ofintermediate housing. This is a low cost homeownership scheme where an applicant acquires aproperty from an RSL on a part rent -part buy basis.
20.6 The applicant raises a mortgage in thenormal way to buy a share of the property and payssubsidised rent – capped to no more than 3% - toan RSL on the remaining share.The applicant canincrease their share in the property as theirfinances improve if they wish, until they own theproperty outright, known as staircasing.
20.7 Shared ownership will need to be affordableto households with annual incomes of £17,000 –£61,400 (at the time of SPD production). Thehomes will be offered to applicants on the basis ofhousing need in accordance with the prioritiesdetermined by the Royal Borough.
Intermediate Rent
20.8 Intermediate rent is a form of intermediatehousing that allows households to rent propertiesabove target rent levels but below market rentlevels. As with shared ownership the rents mustbe affordable to those with annual householdincomes of £17,000 to £61,400 (at the time ofproduction of the SPD). This income range putsthe cost above social housing but below markethousing. Intermediate Rent is made available onAssured Shorthold Tenancies, but can be long-termprovision.
20.9 To be affordable, intermediate rent shouldbe set at no more than 80% of the market rent forthe type of units in the area where the scheme islocated.This will be considered on a case-by-casebasis as proposals arise. For advice onintermediate rents in new developments, contactthe Royal Borough of Kensington and ChelseaCouncil Housing Initiatives Team.
20.10 In instances where provision is throughany other organisation than an RSL arrangementswill need to satisfy The Royal Borough thatequivalent management and standards will besecured.
23Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
21: Affordable HousingRequirementsMix Between Social and Intermediate Housing
21.1 Research has been undertaken to ascertainthe type of affordable housing that should beprovided in the Borough, taking into account theability of a sample of households to afford differentproducts. This research suggests that 4% ofaffordable housing should be equity basedintermediate housing, 11% should be intermediaterented housing, and 85% should be social rentedhousing (Fordham Research (2009), RoyalBorough of Kensington and Chelsea: StrategicHousing Market Assessment).
21.2 The greatest shortage relative to supply ofsocial rented housing is for properties with four ormore bedrooms: 45% of homes are recommendedto include one and two bedrooms and 55% threeor four bedrooms. For intermediate affordablehousing nearly 70% of the demand is for one andtwo bedroom homes, with only 30% for largerhomes of 3 or more bedrooms. Intermediateaffordable housing includes key worker housing(Fordham Research (2009), Royal Borough ofKensington and Chelsea: Strategic Housing MarketAssessment).
21.3 However, in the social rented sector, theseunderline the need for as high a proportion of largedwellings to be provided as possible. Inintermediate housing the reverse is true.The exactmix of houses of any proposal will also take intoaccount factors such as the characteristics of thesite such as its location, size and built context, aswell as the way housing need will change over time.
21.4 As with the amount of affordable housing,the mix between Intermediate and Social housingfor a development will need to be established atthe time of application. This should be agreed withRoyal Borough of Kensington and Chelsea Councilofficers at the pre-application stage. There maybe instances, however, when the Royal Boroughaccepts that an alternative mix between Social andIntermediate housing is appropriate.
22: Mix of Units andSpace Standards forSocial Housing22.1 The Royal Borough seeks to ensure thatthe mix of dwellings, types, sizes and tenures inlarge housing developments and this applies toqualifying affordable housing schemes.
22.2 New residential developments will berequired to include a mix of types, tenures andsizes of homes to reflect the varying needs of theBorough, taking into account the characteristics ofthe site, and current evidence in relation to housingneed. These targets will be monitored and adjustedover time to allow for updating from SHMA andother monitoring.
22.3 The Royal Borough wishes to ensure thatnew affordable housing is fit for purpose now andin the future. The need to maximise land usethrough higher density housing, often in flatteddevelopments with limited amenity space, meansthat internal space standards are now moreimportant to ensure sustainability and livability intothe future.
23: Negotiating theMaximum ReasonableProportion of AffordableHousing23.1 The Royal Borough will seek the maximumreasonable proportion of affordable housing onqualifying sites. In accordance with the CoreStrategy the initial basis for negotiations is that 50%of all housing should be provided as affordablehousing. Should an applicant propose a lowerproportion of affordable housing a financialappraisal will be required in order to demonstratethe maximum reasonable proportion for the specificsite. Where this is provided, the applicant will beexpected to bear the Council’s costs in assessingthe financial appraisal (see Part 1 of the SPD).
23.2 One method for which proposeddevelopments may be assessed in Royal Boroughof Kensington and Chelsea is through the use ofthe Development Control Toolkit developed for theGreater London Authority (GLA) by Three Dragon’sConsultants and Nottingham Trent University.Although it is recognised that a methodical
Adopted - August 2010 Planning Obligations SPD24
approach to projecting costs and profits will neverbe perfectly accurate, in the interests of objectivityand consistency of analyses, the DevelopmentControl Toolkit is publicly available and thereforeis recommended as a tool to inform the negotiationprocess.
23.3 The Toolkit requires a number of inputs ofinformation regarding incurred and projected costs.A reasonable profit for the developer is projectedfor, as is the amount of Social Housing Grant (ifany) that may be available. An outcome projectingwhat would be a reasonable proportion ofaffordable housing contribution is provided, whichwill be used as one basis for negotiating theproportion of affordable housing.
23.4 It is important that the information providedfor use in the Development Control Toolkit isaccurate. The Royal Borough may seek detailedevidence of costs incurred, the assumptions madefor those costs and sale prices that are projected.Pre-application research should be sufficient toconsider all likely costs to be incurred in thedevelopment.
23.5 Applicants should not automatically assumethat Social Housing Grant will be made availablefor private sector developments. The applicantshould consult with the Royal Borough’sHousing Initiatives Team at an early stage,preferably in cooperation with an RSL partner, toestablish whether Social Housing Grant or analternative source of funding is likely to be secured.
23.6 Although the Development Control Toolkitis recommended as a financial appraisal method,the Royal Borough will not preclude informationbeing presented through other appraisal methods.However, all figures and assumptions will need tobe clearly shown in any model used, so the RoyalBorough can understand how the assumptions aremade.
23.7 Early engagement with the Royal Boroughis critical to ensure the processes of negotiationand securing affordable housing set out above areundertaken efficiently.
24: The Nature ofAffordable HousingProvision24.1 The following process explains the mannerin which affordable housing can be provided in theRoyal Borough of Kensington and Chelsea, rangingfrom the most likely: On-site provision to the leastlikely form of provision: a financial contribution(payment in lieu).
1. On-site provision
24.2 On-site provision is the Royal Borough’spreference for how affordable housing will beprovided by developers. Only where exceptionalcircumstances exist and where the Royal Boroughis satisfied that it would be appropriate, will off-siteprovision be accepted. This reflects theGovernment’s policy of ensuring a mix of housingtypes in communities so as to encourage thedevelopment of mixed and inclusive communities.
2. Off-site provision
24.3 There may be occasions where on-siteprovision is not the most suitable option. Suchinstances will be where there are demonstrablebenefits in providing off-site affordable housing (inpart or in full) and should be provided within thevicinity of the development. Exceptionalcircumstances will need to be demonstrated by theapplicant. Examples of where it may be accepted(in part or in full) are:
24.4 - Where ongoing necessary costs of aconsiderable amount would be incurred by theoccupants of the affordable units of a development,such as necessary and reasonable service charges
24.5 - Where certain affordable housing types,such as larger family provision, cannot be easilyaccommodated or be unsuitable on-site. Thisscenario may be considered should The RoyalBorough’s monitoring information indicate thatcertain unit types are not being delivered to theRoyal Borough’s targets.
24.6 - It may also be the case that on small sitesit is not practical from a design or managementperspective to provide a small number of on-siteaffordable units.
24.7 Note the above list is not exhaustive.
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Planning Obligations SPD
24.8 In instances where it is accepted that off-siteprovision is appropriate, the onus will be upon thedeveloper to find and acquire a more suitable sitewhich would not otherwise be expected to comeforward for affordable housing, within the vicinityof the originating development. In such instancesthe amount of affordable housing will be negotiatedand secured through a s106 Agreement. Off-siteprovision should be financially-neutral, i.e. thereshould be no financial advantage to a developer inproviding the housing this way.
3. Financial Contribution to the Royal Borough
24.9 Between 800 and 1,200 Sq M of GEAresidential development triggers a financialcontribution formula, or if exceptionalcircumstances are shown by the applicant todemonstrate that neither on- nor off-site provisionare appropriate, the Royal Borough may accept afinancial contribution, to be pooled to assist thedelivery of affordable housing within the Borough.
24.10 All financial contributions will be placed inThe Royal Borough’s Affordable Housing Fund,which is a specific interest bearing accountadministered by the Housing Department inaccordance with policy and procedure determinedby The Royal Borough.
Financial Contribution Formula (should suchinstances arise).
24.11 In cases where a financial contributioninstead of on-site or off-site provision is appropriate,the Royal Borough of Kensington and ChelseaCouncil will calculate the contribution as follows:
a. An amount per square metre that would havebeen provided as the affordable housingcontribution on site in accordance with TheRoyal Borough’s target mix in respect of socialhousing.
24.12 The amount per square metre to be usedin the above calculation is:
Financial contribution per sq m: £2,500
24.13 The above has been calculated byreference to the Housing Corporation TCI for an85-90m2 dwelling to reflect the overarching needfor larger family homes for rent [£218,800 / 87.5 =2500].
b. the above total sum per square metre ismultiplied by the Floorspace proposed in
excess of the 800 sq metre threshold to reflectthe increase in market units that will arise fromnot providing affordable housing on the site.
For example:
Proposed Housing Scheme = 1000 sq metres.Making a financial contribution means that theFloorspace exceeds 800 sq metres by 200 sqmetres.200 sq metres x £2,500 = £500,000
24.14 This figure will be reviewed annuallythrough the Annual Monitoring Report (AMR)process and adjusted according to actual costs ofproviding affordable housing within the RoyalBorough.
24.15 All financial contributions will be placed inthe Royal Borough’s Affordable Housing Fund,which is a specific account administered by theHousing Department upon the recommendationof the Cabinet member. The Fund is only used forthe provision of affordable housing in the RoyalBorough in accordance with policy and proceduredetermined by the Royal Borough.
25: DeliveringAffordable Housing InRoyal Borough OfKensington and Chelsea25.1 The Royal Borough will support bids to theHomes and Communities Agency (HCA) for SocialHousing Grant for mixed tenure and 100%affordable schemes that include affordable housing,where the amount and type of affordable housingwould not be deliverable without it. Schemes thatprovide only shared ownership or otherintermediate housing will not normally be supportedfor grant bids unless they are in support of othercorporate Council initiatives such as theregeneration of a specific area.
26: Obtaining Subsidy26.1 In order for the Royal Borough to supportthe level of subsidy required it will need to besatisfied that the amount is reasonable andnecessary. In order to ensure affordability in thelong term and meet HCA expectations in relationto value for money, the Royal Borough will requirethe affordable housing units to be transferred to anRSL at a cost that does not exceed the allowed
Adopted - August 2010 Planning Obligations SPD26
inflation uplift from 80% of the last published TotalCost Indicator of 2004/05 (TCI) less actual on-costsof the RSL. Based on grant per person, this shouldbe demonstrably affordable and demonstrate valuefor money.
27: Securing AffordableHousing27.1 The Royal Borough’s preferred method forsecuring affordable housing is via a legalagreement in accordance with s106 of the Townand Country Planning Act (1990). In order toensure that affordable housing continues to beaffordable to those in housing need, and managedto standards set by the HCA and AuditCommission, the Royal Borough requires the legalinterest and management of the affordable housingsecured through the application of DevelopmentPlan Policy to be transferred to an RSL or, with theRoyal Borough’s agreement to an equivalent andsatisfactory person or body. If the housing istransferred to an RSL these requirements will bedeemed to have been met.
27.2 The proposed number and tenures ofaffordable units, and the number of bedrooms ineach of those units, will be stated in the legalagreement or unilateral undertaking. All parties withan interest in the land will be bound by the legalagreement or unilateral undertaking.
28: Design Issues28.1 Developments need to comply with thedesign policies of the development plan, and asidefrom the need to comply with affordable housingpolicies, issues relating to the design of adevelopment can lead to the refusal of anapplication. There are, however, particular designissues that are raised by residential developmentsthat provide affordable housing alongside markethousing.
28.2 The outward appearance of affordablehousing should not be distinguishable from markethousing. Façades should consist of the samebuilding materials and elements as the markethouses of the same development.
28.3 This is in order to ensure the provision ofdevelopments that contribute positively to thestreetscape and landscape and to minimise theimpression of segregation between affordable andmarket units (which may create or reinforce
problems of social exclusion). Such issues are bestdiscussed and resolved with Council officers duringthe pre-application stage.
29: Procedures forSchemes that IncludeAffordable Housing29.1 The applicant should engage in earlydiscussions with an RSL partner or agreedaffordable housing provider (unless the applicantis itself an RSL). This is because the RoyalBorough prefers RSL involvement andrecommends that their experience be utilised inthe process of bidding for grant. The RoyalBorough’s preferred RSL partners and their contactdetails, can be provided by the Royal Borough’sHousing Initiatives Team.
29.2 Before an application is submitted theapplicant should ensure, through discussions withDevelopment Control officers, that they haveincluded the required information, including specificinformation relating to affordable housing. Failureto submit sufficient information could lead to thescheme being refused.
29.3 In terms of affordable housing, the applicantwill need to provide:
• Information on the amount of affordable housingin terms of units, habitable rooms and floorspace,and how this relates to the policy requirements interms of:
i) the amount of affordable housing
ii) the target mix between Social and Intermediatehousing and bedroom numbers in the units
iii) amount of living space in the units,
• a financial appraisal (should less than 50%affordable housing be proposed), includingevidence of how all figures were arrived at andassumptions made; these will be assessed as partof a planning application,
• the affordability of each unit of affordable housing,in terms of costs to the occupant (including servicecharges)
• the number of units that are developed to fullwheelchair and lifetime homes standards, and howdesign issues have been addressed.
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30: B1 EducationContributions
Context
30.1 The Council will negotiate with developersto secure contributions to meet the increaseddemand for school places arising from developmentvia planning obligations. There is a need forschool provision, including extended schools andeducation uses.
30.2 There are very few spare nurseryeducation places anywhere in the Royal Boroughso that assistance is always likely to be sought toprovide more of these, usually in association withadditional childcare provision.
30.3 In some parts of the Borough primaryschool capacity may exist. In other areas,particularly south of Notting Hill Gate and HollandPark Avenue, primary schools are nearer theirmaximum capacity.
30.4 The Royal Borough’s four secondaryschools are at capacity with long waiting lists. Theadditional capacity to be provided by ChelseaAcademy is likely to be outweighed immediatelyby rising pupil numbers; a new borough-widesecondary school will be provided in the north ofthe Borough. Contributions towards school placeswill contribute towards this.
Policy Framework
30.5 UDP Policy MI1 states that : “Whereappropriate, the Council will negotiate planningobligations in order to ensure satisfactorydevelopments.” And refers to the provision ofcommunity, social and health facilities in the list ofexamples.
30.6 Policy C1 “Infrastructure Delivery andPlanning Obligations” and CK 1 and CK3 of theCore Strategy support the provision of facilities andinfrastructure to support development.
Threshold
30.7 All residential development, includingconversions, has the potential to create demandfor school places and the formula below willtherefore apply to all developments. Existingsurplus capacity, which varies across the Royal
Borough and over time, is required toaccommodate growth of the Royal Borough throughincreased birth rates.
30.8 It is recognised, however, that certain typesof housing such as specialist housing for the elderlyor for students will not directly generate children,and therefore contributions towards educationalfacilities will not be sought by the Council in respectof such developments.
The Formula
30.9 The following formula will be used tocalculate payments due:
Number of each unit size by bedrooms x
Child Yield for that size unit – ‘discountedfactor’
= No. Children Generated
x
average cost of new school place
= contribution required
Components of the Formula
30.10 Child Yield is the average number ofchildren likely to be generated by new housing.From the GLA’s Data Management Access Group(DMAG) data, the Royal Borough is able toestimate the number of children likely to occupyhousing of different sizes. These are set out belowand have however been adjusted to take accountof local factors, in particular the high proportion ofchildren living in owner occupied accommodationwho attend private and independent schools. Forthe affordable housing yield, these are baseddirectly on the Borough’s allocations policy for thistype of tenure which relates occupancy to thenumber and size of the bedrooms in each dwelling.
Adopted - August 2010 Planning Obligations SPD28
4+321No. Bedrooms
0.310.20.030.01Market/Intermediatehousing
3.01.80.90.09Affordablehousing (socialrented)
Table 30.1
30.11 The table is based on a range of bestavailable data, including census analysis, sampledata from existing developments, the Council’sHousing Allocations Policy and GLA data. It will bemonitored over time to ensure it is kept up-to-date.
Age distribution of pupils
30.12 The school rolls show an even distributionacross the nursery, primary and secondary phases.That assumption has therefore been carried overto calculations affecting new developments. Thecalculation includes children aged from 3 to 16.The assumption is that within the affordablehousing child yield follows the same pattern ofdistribution as reflected in the actual rolls of theRoyal Borough’s maintained schools.
The discount factor
30.13 The discount factor is applied inrecognition thatnot all children of school agegenerated by a development will attend amaintained school in the Royal Borough as somemay take up alternative education provision, or maynot transfer school at all.
30.14 Allocations to social rented housing aremade from the Royal Borough’s waiting list. Most(but not all) of the applicants on the list live inKensington and Chelsea and their children arelikely to be attending schools in the Borough or (inthe case of secondary schools) nearby LAs.
30.15 Evidence from recent developmentssuggest that as a general rule, 80% of primary agechildren will transfer to a school closer to their newhome. The same investigation indicated that mostsecondary age pupils are likely to remain in theirexisting school unless they are moving from aconsiderable distance outside the Borough. It isassumed that no more than 20% of secondary agepupils will wish to change school when they movehome.
Availability of existing school places
30.16 In cases where individual developmentswill have some impact but not sufficient to justifythe need for a discrete piece of infrastructure,contributions may be sought from developerstowards future provision where the combinedimpact of a number of developments does, may orwill create a need for infrastructure. In such casesCircular 05/05 advises that spare capacity inexisting infrastructure provision should not becredited to earlier developers. The Council willadopt this approach, in order to ensure that thenegotiation of planning obligations is consistentand fair to all developers, and will continue to takeinto account any relevant circumstances in eachcase to ensure that any negotiations for planningobligations comply with Circular 05/05.
30.17 Where any form of capacity exists,therefore, the following factors must be taken intoaccount.
One new development might not use up alllocal spare capacity but, taken in conjunctionwith other proposed developments in thesame area, may contribute to that effectcumulatively.Some margin of spare capacity is alwaysnecessary to allow for new arrivals and theexercise of parental choice.Account will also be taken of projections ofpupil growth based on local demography. Thepupil projections used by the Royal Boroughare prepared by the GLA.
Cost per school Place
30.18 A Department for Children Schools andFamilies (DCSF) multiplier is used for calculatingthe cost of building new school accommodation.A location factor is added by the DCSF to the basicmultiplier to take account of local variations inbuilding costs. The DCSF location factor forKensington and Chelsea is 1.16.
30.19 These multipliers are up-dated regularly.For 2009/10, the DCSF cost multiplier for nurseryand primary provision in Kensington and Chelsea,including the location factor, is £14,218 per pupil.For secondary provision the corresponding DCSFmultiplier is £21,424 per student.
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30.20 These figures are updated annually by theDCFS(1) and will be kept under review annuallythrough the SPD and AMR. These are not
considered to be the full cost of providing a newschool place and as such are seen as acontribution towards providing a school place.
WORKED EXAMPLE
30.21 The proposed development will have a total of 9 dwellings. The breakdown of the dwellingsby size is as follows.
4-bed3-bed2-bed
122Market/
intermediate
121Affordable
Table 30.2
1. Calculation of child yield:
Market (2 x 0.03) + (2 x 0.2) +(1 x 0.31)
Affordable (1 x 0.9)+(2 x 1.8)+(1 x 3)
TOTALS
Market yield: 0.77
Affordable yield: 7.5
This gives a total estimated yield of 8.27 children.
2 Calculation of age distribution of children:
In total, 8.27 divided by 16 (age groups from 0-16) = 0.52 children in each age group.
By phase:
nursery pupil yield = 2 x 0.52 = 1.04 pupils
primary pupil yield = 7 x 0.52 = 3.64 pupils
secondary pupil yield = 5 x 0.52 = 2.6 pupils
3 Calculation of “discount”:
Primary = 3.64 x 80%= 2.91 pupils
Secondary = 2.6 x 20% = 0.52pupils
1 http://www.teachernet.gov.uk/management/resourcesfinanceandbuilding/schoolbuildings/designguidance/costinformation/
Adopted - August 2010 Planning Obligations SPD30
4 Calculation of building costs (based on DCSF multipliers including 1.16 location factor forRBKC):
Primary/nursery = 2.91 x £14,218 =£41,374
Secondary = 0.52 x £21,424 =£11,140
5 The financial contribution to be sought from developer is therefore £52,514
31Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
31: Annex C CommunityFacilities31.1 Introduction
31.2 Residential and mixed use developmentsthat result in more people living and working in theBorough will result in increased pressure oncommunity facilities such as health facilities,libraries, police and other emergency services,community centres, meeting halls, and leisurefacilities. Where existing facilities are unable toaccommodate this increased pressure,contributions will be sought proportionate to thelikely increased use caused by the proposeddevelopment.
31.3 The Royal Borough is working with otherservice providers through the Local StrategicPartnership and other means to ensure thatdeficiencies in service arising from the impact ofdevelopment are met. The Council will also seekdeveloper contributions for improvements tofacilities from appropriate developments.
31.4 Where possible, the Council seeks to locatecommunity facilities in town, district andneighbourhood centres which have the bestaccessibility and can add to the range of facilitiesin the centre..
31.5 The Core Strategy aims to protect allexisting social and community uses. It also setsout that local convenience shopping should, for themajority of residents, be within a 5 minute walk,where schools and doctors’ surgeries would be a10 minute walk (Policies CK1 and CK2).
31.6 Policy Context and Framework
31.7 Paragraph B15 of Circular 05/2005 advisesthat if a proposed development would give rise tothe need for additional or expanded communityinfrastructure, it may be acceptable to seek thecontributions to additional provision through aplanning obligation.
31.8 Policy CK1 of the Core Strategy protectsand encourages social and community uses tosupport the needs of those who live, work andstudy in the Royal Borough. One of the overallobjectives set out in the Core Strategy StrategicVision is to “keep life local for strong effectiveneighbourhood centre and for social andcommunity facilities to be widely available and for
neighbourhood functions, including local shoppingfacilities, to be easily accessible so that residentialcommunities can flourish”.
31.9 For the purposes of the Core Strategy,Social and Community uses are defined asincluding: care homes/care facilities and elderlypeople's homes; community/meeting halls androoms,' doctors, dentists, hospitals and other healthfacilities; hostels; laundrettes; libraries; MetropolitanPolice and other emergency service facilities; petrolfilling stations; places of worship; bespoke premisesfor the voluntary sector; schools and othereducational establishments; sport facilities; andyouth facilities.
31.10 Outdoor sports facilities have beenincluded within this category for the purposes ofdelivering through planning obligations, and accessto play, and facilities for children and young peopleis also covered. These link to Council policies onservices for children and young people, includingthe provision of inclusive play.
32: C1 HealthcareContext
32.1 Residential development resulting in a netincrease in the number of residents in an area willincrease the need for local health care facilities. Inmany parts of the Borough, local health carefacilities will already be at capacity or inaccommodation which requires upgrading toaccommodate additional demand.The Council willrequire developer contributions to maintain levelsof health care facilities in the Borough.
32.2 The Kensington & Chelsea Estate Strategy2006-2011 (first published in January 2007 andrevised in 2009) has recently been further revisedin 2010. The strategy builds on the previousstrategies and is set within the context of anIntegrated Strategic Plan (ISP) for North WestLondon which describes the delivery of the visionoutlined in Healthcare for London (2006).
32.3 The strategy provides the PCT with anoverview of its current situation and focuses oncommissioning high quality, safe and effectivehealth and social care for the residents of the RoyalBorough of Kensington and Chelsea (RBKC). Thecommissioning of hospital care is described in thePCT strategy. The PCT vision is:
Adopted - August 2010 Planning Obligations SPD32
32.4 To be the recognised Health Advocate forall residents of Kensington & Chelsea and by 2015,to lead an integrated healthcare system thattransforms the way residents manage their physicaland emotional health and wellbeing and helps thembecome the most engaged and vibrant communityin London.
32.5 The PCT Strategy is built upon theinformation about the population health needs asdescribed in the Joint Strategic Needs Assessment(JSNA). The PCT works closely with the RoyalBorough to deliver many of the service changesfor residents, as identified in the JSNA.
32.6 In the next five years the PCT plan todevelop two integrated primary care-basedhealthcare systems known as “polysystems”; onein the north and one in the south of the Boroughwhich will deliver a substantial portion of healthcareto residents of the Royal Borough.
Policy framework
32.7 Policy MI1 of the UDP states that : “Whereappropriate, the Council will negotiate planningobligations in order to ensure satisfactorydevelopments.” and refers to the provision ofcommunity, social and health facilities in the list ofexamples.
32.8 Policies CK1 and CK3 of the Core Strategyseek provision of appropriate social and communityfacilities in association with development schemes.These are dependent on the scale of thedevelopment, its location and its proximity toexisting services. Policy C1 of the Core Strategyrequires necessary infrastructure, includinghealthcare, to be provided alongside developments.
32.9 Threshold
32.10 In all residential developments the Councilwill seek advice from NHS K&C to assess if existinghealthcare facilities are unable to cater for morepatients. Where this is the case, developmentswill be required to make a contribution for healthcare facilities.
Application
32.11 A contribution will be sought taking accountof advice in Circular 05/2005. One basis forcalculating the contribution may be the HealthyUrban Development Unit (HUDU) developedstandard model for predicting the likely healthimpacts of a development, based on the local
circumstances in the Royal Borough. The HUDUmodel forecasts the additional health demand thatmight result from a new residential developmentand quantifies the impact in terms of physical spaceand subsequent cost. The series of calculationsand formulae used are described in detail in theguidance notes that accompany the model,available at www.hudu.org.uk [email protected] . Consideration will be givento relevant health documents such as the LocalDelivery Plan, the Strategic Services Delivery Planand Local Health Service Needs Assessment.
32.12 The model takes account of thedemographics of the existing population and thefuture predicted population growth.
32.13 Where necessary, the PCT will assess theimpact of the development on existing healthcarefacilities and services which may include primaryand community services, mental health and acutehealthcare services
32.14 Contributions will be sought where, as aresult of the development:
New premises/facilities are required as aresult of the increased needs arising from thedevelopment;Current facilities are inadequate for theadditional users that will require them due tothe new development, in terms of their qualityor accessibility for users (based on acceptedNHS standards) and therefore need to beimproved or extended;
32.15 Contributions will be pooled over time andwhen appropriate, a new facility and servicesprovided.This facility and services may be providedon or off the development site as appropriate orthrough expansion of existing facilities andservices. Where a developer can provide a newfacility and services on site, this cost can be setagainst their calculated contribution for healthfacilities due from the development.
33: C2 and C3 Libraries,Indoor Sport andLeisure FacilitiesC2 Libraries Context
33.1 The development of new housing whichresults in an increased resident population, andcommercial developments with an increased
33Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
workforce population, both increase the demandson the Council’s library services and capacityconstraints.
33.2 The six Borough library buildings - three ofwhich were purpose-built - range in age from twentyto a hundred and forty years. Four are listed as ofarchitectural or historic interest and are Grade IIlisted, whilst Chelsea Library is situated withinChelsea Old Town Hall, itself Grade II listed.
33.3 During a time when the population in theRoyal Borough has been increasing,
33.4 demand has remained high but the level ofexpenditure has been static. The RBKC LibraryPlan therefore concentrates on maintaining thestandard and quality of the service, as well asseeking improved and changed use of resourcesto meet the opportunities and challenges ofdeveloping initiatives in education, lifelong learning,and information provision. This will not be easy toaccomplish without increasing support from grantaid, and other government sources allocated forthese new developments.
33.5 The Council is implementing an innovativelong-term ‘Library Transformation Strategy’ for alllibraries in the Borough.This will include improvingways to access library services for all people whouse libraries whether for leisure or learning.
Policy framework
33.6 The justification for seeking obligations inrespect of library facilities is set out in Circular05/2005 (para B15) and policy SC6 (e) of the UDP.Policies CK1 and CK3 of the Core Strategy, andPolicy C1, seek the delivery of necessaryinfrastructure to support development proposals.
Threshold
33.7 All major developments will be required tomake a contribution to Library facilities. A majordevelopment is defined as development capableof providing 10 residential units or more, or of anarea of 0.1 hectares or more irrespective of thenumber of units or 1,000 sq m or more for any otheruse (office, retail, industry, community, and leisure).
Application
33.8 A minimum standard for library floor spaceis 30 sq m per 1,000 population, and this will beproportionately applied in relation to new residentialpopulation arising from development above the
threshold. From non-residential development,experience and practice elsewhere demonstratesthat one fifth of library users are from outside ofthe Borough, and use Borough libraries due toconvenience to their workplace. Therefore,contributions will be sought from commercialdevelopments over the threshold, using informationon number of employees from the planningapplication, or from standard worker/floorspaceratios (see English Partnerships guide, 2001).
33.9 The cost of provision per square metre oflibrary floor space including equipping space isgiven on an annual basis. It excludes land purchasecosts.
33.10 Contributions secured through s106agreements will be spent on the following:
• New library provision and/or improvement worksto the existing public library provision to increasecapacity for use; and/or
• The provision of new library books and ITequipment to meet new population demand.
Formula
33.11 The Museums and Libraries ArchiveCouncil (MLA) www.mla.gov.uk recommends thatlocal planning authorities adopt a minimumstandard charge of £90 per person for libraries fromdevelopments and £22 per person in new housingfor archive provision.
Total = £112 per head of population.
Individual dwelling contributions =
Bedroom size (= ave no. persons per household)x New resident charge
£112 x persons
1 bed (1.4 persons) = £156.8
2 bed (2 persons) = £224
3 bed (2.8 persons) = £313.6
4 bed+ (3.5 persons) = £392
New workforce population growth charge =
No employees x 0.2
X
£112 = £22.40 per employee.
Adopted - August 2010 Planning Obligations SPD34
C3 Sport & Leisure Context
33.12 The Council's objective is to ensure thatthere is a high quality of provision of sports facilitiesthroughout the Borough.
33.13 There is a shortage of outdoor sports pitchprovision across the Borough means there is aheavy reliance on commissioning the use offacilities in neighbouring authorities. There is alsoa shortage of indoor sports space particularly inthe centre and south of the Borough. The priorityis therefore to make the best possible use of theexisting space, and to prevent its loss to other uses.
33.14 Planning obligations may therefore besought for new and improved leisure facilities toensure that facilities keep pace with the increaseddemand.
33.15 Three main public leisure centres servethe Borough (Kensington Leisure Centre andChelsea Sports Centre which are RBKC run, andthe Westway Sports Centre, which is run by theWestway Development Trust) and each of the fivemain parks has a range of sports facilities on offer.
33.16 The Community Strategy aims to secure,enhance and increase the scope and accessibilityof all the Borough’s arts, culture and leisurefacilities. It recognises that this is important ifresidents’ quality of life is to be preserved andimproved.
33.17 Additionally, the 2028 project recognisedhealth and well-being as a significant factoraffecting change in the Borough in the next twenty
33.18 years.The Kensington Partnership is likelyto be under increased pressure to provide healthand lifestyle services that allow residents toimprove their own well-being.
Policy Framework
33.19 Under Policy LR3 of the UDP, the Councilwill require new facilities or contributions toimproving existing facilities for sport and leisure,as there are current boroughwide deficiencies inSport and Leisure provision to serve the existingpopulation. Policies CK1 and CK3 of the CoreStrategy, and Policy C1, seek the delivery ofnecessary infrastructure to support developmentproposals.
33.20 It is an aim of the Community Strategy toimprove the quality and accessibility of sports andleisure provision for all in the Borough andencourage participation in physical activities
Threshold
33.21 RBKC is under provided in various sportsfacilities for a Borough of its population size (seebelow). Therefore all major developments will berequired to make a contribution to sports andleisure facilities. A major development is definedas development capable of providing 10 residentialunits or more, or of an area of 0.1 hectares or moreirrespective of the number of units or 1,000 sq mor more for any other use (office, retail, industry,community, and leisure).
Application
33.22 The Sport England Facility Calculatorindicates that RBKC is under provided in varioussports facilities for a Borough of its population size.These include public swimming pools and sportshalls. The Facility Calculator can also be used tocalculate the requirements for new facilities arisingfrom growth in population. The Council has aprogramme of improvements to sports facilities inthe Royal Borough to cater for the demands of theexisting population.
33.23 Developments likely to increase pressureon facilities will be required to contribute to addressthe needs arising from future development. Thesewill be sought from residential developments, andfrom commercial developments where additionalemployees will place an additional burden onresources. It is assumed that one fifth of users atleisure and sports centres will be from outside ofthe Borough, using the local facilities which areconvenient to their workplace.
33.24 On-site provision of facilities in majormixed use schemes will be encouraged inappropriate locations or sites. Normally however,obligations will be for off-site financial contributionswhich will be pooled to provide new facilities and/orused to improve existing facilities in accordancewith The Royal Borough’s Community Strategy andLeisure Plan.
Formula
33.25 Sports England – www.sportengland.orgprovide a calculation of required provision withinthe Royal Borough, in terms of population (seeappendix 3).
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33.26http://www.sportengland.org/kitbag_front_page.htm
33.27 This gives the required sport contributionper head of contribution: £363
Calculation per residential unit:
33.28 Individual dwelling size contribution basedon average persons per household x new residentcharge:
33.29 1bed (1.4 persons) = £508
33.30 2 bed (2 persons) = £726
33.31 3 bed (2.8 persons) = £1,016
33.32 4 bed (3.5 persons) = £1,271
New workforce population growth: Financialcontributions:
1. no. of new employees from developmentbased on average employment density
2. multiply 20% likely use3. multiply £363 required sport and leisure
contribution per new user.4. = £72.60 per employee.
34: C4 Facilities forLocal Community Groupsand Young PeopleContext
34.1 The Royal Borough has a large number andwide range of community groups and voluntarysector organisations providing services for localpeople. These groups need flexible communityspaces and resources to allow the groups andactivities to take place. The community halls andother facilities are of benefit to the whole localpopulation, but are particularly important to somepeople such as the young, the elderly and someethnic and religious groups. In many parts of theBorough, community facilities are of poor qualityand/or in unsuitable premises, and larger, moreflexible spaces are needed.There are also variouscommunity projects that provide valuable servicesand facilities to local people which the Council willseek to support, by requiring a financial contributiontowards the cost of premises or, where appropriate,
providing land or premises for such uses directlyto the voluntary organisation, or to a developmenttrust.
34.2 Residential, and in some cases, commercialdevelopments that result in more people living andworking in the Borough will result in increasedpressure on facilities such as accommodation todeliver services as well as community centres andmeeting halls. Both large and small developmentscontribute to the cumulative effect of this increasedpressure. Where existing facilities are unable toaccommodate this increased pressure,contributions will be sought proportionate to thelikely increased pressure caused by the respectivedevelopment.
Policy Framework
34.3 Under SC6 of the UDP, the Council willrequire new facilities or contributions to improvingexisting provision for local groups and fororganisations providing services where adevelopment creates pressure for new or enhancedprovision. Policies CK1 and CK3 of the CoreStrategy, and Policy C1, seek the delivery ofnecessary infrastructure to support developmentproposals.
Threshold
34.4 Advice will be sought from a range oforganisations including Family and Children’sServices,Adult’s and Community Services andExtended Services teams, and the Kensington &Chelsea Social Council to establish areas of theBorough where existing facilities are inadequateand/or unable to cater for more people in the area,or this situation is forecast within three years of theplanning application.
34.5 Where local facilities are at capacity orsubstandard, or predicted to be so within threeyears, all major developments will be required tomake a contribution to facilities for local communitygroups and young people. A major developmentis defined as development capable of providing 10residential units or more, or of an area of 0.1hectares or more irrespective of the number of unitsor 1,000 sq m or more for any other use (office,retail, industry, community, and leisure).
Application
34.6 Contributions will be used both to supportcommunity facilities coming under increasedpressure due to the development or pooled over
Adopted - August 2010 Planning Obligations SPD36
time and where appropriate, a new facility provided.This facility may be provided on or off site orthrough expansion of existing facilities. Where adeveloper can provide a new facility on site, thiscost can be put against their calculated contributionfor community facilities and any deficit met fromthe appropriate pool of funding.
34.7 Such funding may be used to fundaffordable premises for the voluntary andcommunity sector organisations, or for the transferof ownership and management of space to adevelopment trust or similar body.
34.8 Any contribution sought will be based onthe cost to establish appropriate communityfacilities. These could include community meetingspace that may help to mitigate social andeconomic impacts and pressures on localcommunities as a result of individual or cumulativemajor development.
35: C5 Policingresources and otheremergency servicesContext
35.1 Development resulting in the net increasein the number of residents, businesses,commercial, social and leisure activity in an areawill increase the need for emergency services andpolice services. In parts of the Borough policeservices will already be at capacity. Newpopulations will require additional police services.
Policy framework
35.2 The approach to emergency services andpolicing is supported by Policy MI1 PlanningObligations. Policies CK1 and CK3 of the CoreStrategy, and Policy C1, seek the delivery ofnecessary infrastructure to support developmentproposals.
Threshold
35.3 The Council will seek advice from theMetropolitan Police Authority to define areasdeficient in police resources and wheredevelopment will increase demands on policeservices. This will apply to housing schemes onsites capable of providing 10 residential units or
more, or of 0.1 hectare or more irrespective of thenumber of units and for development proposals1000 square metres or more for any other land use.
Application
35.4 All development schemes that have asignificant impact on emergency services andpolicing will be expected to contribute to additionalprovision of these services in the vicinity of thescheme or adjoining area.
35.5 Any contribution sought will relate to theimpact of the development on the policing needsof the area. Contributions could include theprovision of additional on-site facilities.
36: C6 CommunityFacilities – RevenueContributionsContext
36.1 Investment in the public realm andcommunity facilities requires to be supported byon-going maintenance.The application of planningobligations for this purpose is appropriate inaccordance with Circular 5/2005.
Policy Framework
36.2 Core Strategy Policy The Council will, whereappropriate, enter into legal agreements withdevelopers, and seek the attainment of planningobligations, having regard to current GovernmentGuidance.
Threshold
36.3 Any development where a contribution tocommunity facilities is secured as a part of a s106Agreement.
Application
36.4 Applied one off, where a community facilityis provided directly or principally via a planningobligation, and there is no available revenuebudget. Normally set at an additional 10% of thecapital construction costs of the facility as fundedby planning obligations, or construction value ofthe facility directly provided by a developer.However this is dependent on the type of provisionand management arrangement.
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Planning Obligations SPD
37: Annex D PublicRealm
Introduction
Context
37.1 A range of planning obligations will besought to enhance The Royal Borough’s publicrealm in the context of the impact of newdevelopments.
37.2 The quality of the built environment affectsthe way in which people perceive and enjoy placesand spaces. The maintenance and enhancementof the quality of the built environment makes animportant contribution to sustainability and qualityof life, and is one of the key sustainability principlesof the Development Plan. The Borough has 36conservation areas covering over 70 per cent of itsarea and over 4,000 buildings are listed for theirspecial architectural or historical interest.
37.3 The Community Plan sets the aim as beinga Borough with an environment and amenitieswhich enhance the quality of life of the wholecommunity and which is aware of, prepared for andable to meet the challenges presented by climatechange.
37.4 One of the Kensington Partnership’s mainaims is that the Borough should remain anattractive place for those who live, work or visithere. It identifies the planning system as a meansof achieving this through the new LDF and itscomponent parts. Planning policies protect andencourage facilities which are easily accessible tomeet the needs of those who live, work and studyin the Borough – such as hospitals, clinics, schools,colleges, welfare and community centres.
38: D1 Public Realm -Parks and Open Space38.1 The provision of adequate play space is astrategic priority for the Council. Additionalpopulation from new developments will createadditional demand for open space and increaseduse of existing parks and open space. This isparticularly true in terms of children and youngpeople's play. Some developments mayincorporate facilities within their design to meet theneed generated. Where this is not the case
planning obligations will be sought to improve localparks and open space, and children and youngpeople's play facilities.
38.2 With the exception of the City of London(2.1%) Kensington and Chelsea has been shownto have the least public open space as a proportionof land area
38.3 The overall Greater London Average is11.1%. The ratio of open space to the populationin Kensington and Chelsea is by far the lowest inLondon (1ha serving 3,867 population) followed byThe London Borough of Islington (1ha serving1,990 population). Play England have developedstandards for Play provision, and such standardswill act as guidance in the future to assess therequirements for additional play provision.
38.4 The Council’s Open Space Survey showsthe distribution and amount of play space in theBorough and highlights the Borough-widedeficiency. The extent of the Borough’s shortfall inplay-space provision can be illustrated using boththe National Playing Fields Association Standardsand London Plan standards. These suggest astandard ratio of children’s recreation space to bein the range of 0.6 - 0.8 ha per 1000 population,not met within the Royal Borough., Those areasdeficient in open space are also those deficient inplayspace and playgrounds, as most of thesefacilities are situated within the existing openspaces.
Policy Framework
38.5 Developments which add to the demandfor open space are required to contribute toappropriate improvements in open space provisionin the immediate area. Strategic UDP policiesSTRAT 46 and 47 had sought continued provisionof sports, leisure and recreation and increase theprovision and quality of open space of local andmetropolitan value. Policy 3A.18 of the LondonPlan seeks to protect and enhance socialinfrastructure and community facilities. Theseinclude, among others, open space and children’splay space. The protection of social infrastructureis carried forward into the Consultation draftreplacement London Plan (2009)
38.6 Policies CK1 and CK3 of the Core Strategy,and Policy C1, seek the delivery of necessaryinfrastructure to support development proposals,while policy CR5 requires all major developmentoutside of a 400m radius of public open space tomake provision for new open space.
Adopted - August 2010 Planning Obligations SPD38
38.7 Where on-site provision or provision in theimmediate area is impractical or insufficient,developers will be required to contribute to suchinitiatives elsewhere. Arrangements for the longterm maintenance of new and improved openspace will be secured.
38.8 The Council will seek planning obligationsto secure public access to open space inappropriate development proposals.
38.9 Family-sized dwellings should have accessto their own amenity space, which may be sharedor private, to allow informal leisure and recreationactivities by all the members of a household,particularly children. The proximity and adequacyof existing public parks and playground space willbe a factor in determining the amount and form ofamenity space provided for new family housing.
38.10 The Community Strategy seeks to improvethe quality and accessibility of all public openspaces within the Borough. Therefore, newdevelopments should assist by providing highquality parks and open spaces that all people canuse.
Threshold
38.11 For general park and open spaceprovision, all major development outside of a 400mradius of the closest entrance to a public openspace will make provision for new open space,suitable for a range of outdoor activities for allages. Where this is not possible due to justifiedtownscape reasons, a park and open spacecontribution will be required based on projectednew residential population.
38.12 For non-residential development the majorcommercial development threshold will apply. Majorcommercial development being defined as 1,000sq m or more for any non-residential use (office,retail, industry, community, and leisure), whereoccupiers will still make use of the existing parksand open space.
38.13 For children’s and young people's play, allmajor residential developments resulting in a childyield will be required to make a contribution to playfacilities. A major development is defined asdevelopment capable of providing 10 residentialunits or more, or of an area of 0.1 hectares or moreirrespective of the number of units
Application
38.14 The Council has published a ten-yearParks Strategy that introduces management plansfor individual parks and playgrounds and comeswith capital investment to realise these plans.Contributions will be used to sustain and improvethe quality of the Borough’s parks includingimproving safety, tackling vandalism and providingsafe spaces for children to play are importantissues for park users.
38.15 In cases where usable and sufficient openspace can be provided on site and/or in theimmediate vicinity of the site, this will be pursuedand is the preferred approach. However, in mostinstances this will be not be practical and a financialcontribution will be sought instead.
38.16 Parks and open space financialcontributions will be applied to local areaimprovements, to achieve Community Strategyaims, Play Strategy and Parks & Open Spacestrategy aims. Where development takes place inareas deficient in public open space, funding willbe directed towards the provision of new openspace and the improvement of existing openspace. Provision of open space on site, withindevelopment schemes, will count towards theoverall contribution.
Use of Formula:
38.17 General Parks and Open Spaces. Plannedpark and open space investment requirement (overtime) divided by growth in population arising fromnew predicted residential units (over time) toprovide a general figure per new head of populationto be multiplied by the predicted population yieldfrom individual developments.
38.18 This produces a standard charge of £482per new head of population, using costs of ParkStrategy investment.
Individual dwelling contribution:
1 bed (1.4 persons) £675
2 bed (2 person): £964
3 bed (2.8 persons) £1350
4 bed (3.5 persons): £1687
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Planning Obligations SPD
38.19 Commercial developments will contribute£482 per 5 new employees this assumes that newemployees will use the open space provision withinthe Borough.
38.20 • Children and Young Peoples Play Space,for qualifying schemes more than 400 metres (5minutes walk) from existing provision or wheredevelopments generate more than 10 children, newprovision on site will normally be sought. Wherea financial contribution is required for off siteprovision, this will be based on child yield from thedevelopment, multiplied by basic open space andplay provision per child, multiplied by cost per sqm of provision, as follows:
1. Child Yield calculated2. No of children generated X 10 sq m of play =
play space requirement
Average cost per sq m (£95) x play spacerequirement = financial contribution.
38.21 In areas of major regeneration, additionalparks and open space contributions may be soughtfor specific schemes from all major developmentsinstead of a formula based approach.
38.22 Calculation of child yield from newdevelopments will be as for education (see sectionB).
39: D2 Public Realm -StreetscapeContext
39.1 Planning obligations for public realmstreetscape improvements will be sought arisingfrom development proposals that have an impacton the public realm by:
Changing the spatial relationship betweenbuildings and public spaces, including streets;Changing the way that public spaces areused;Increasing the number of persons using publicspaces.
39.2 Where the above impact negatively on thepublic realm, improvement measures will be soughtthrough the use of planning obligations. Examplemeasures may include improvements to thepedestrian environment in the vicinity of the
development and on the main pedestrian routes tokey local destinations, such as to stations andshops.
39.3 As much attention should be paid to thedesign of the areas between buildings as to thebuildings themselves. Development should provideor enhance an uncluttered, consistent, simple andaccessible and co-ordinated public realm, withrobust and appropriate materials and landscapedesign enhancing the setting connections, andspaces between buildings. New roads as parts ofdevelopment are expected to be adopted.
Policy Framework
39.4 The approach to public realm andstreetscape improvements is supported by UDPPolicy MI1 which gave examples of opportunitiesfor securing planning obligations.
39.5 Policies CR3 and CR4of the Core Strategy,and Policy C1, seek the delivery of necessaryinfrastructure to support development proposals,including high quality public art and public realm.
39.6 Improvements will therefore be promotedand encouraged where appropriate throughplanning obligations, and the enhancement of thepublic realm and public realm improvements in thelocality will be secured and co-ordinated to thebenefit of all in the area.
Threshold
39.7 All developments will be required to makea contribution to public realm streetscapeimprovements depending on their direct impact,scale and location.
Application
39.8 All development schemes that have animpact on the public realm by:
Changing the spatial relationship betweenbuildings and public spaces, including streets;Changing the way that public spaces areused;Increasing the number of persons using publicspaces.
39.9 will be expected to contribute to public realmimprovements in the vicinity of the scheme oradjoining area through financial contributions tothe Council for it to organise or undertake the worksdirectly.
Adopted - August 2010 Planning Obligations SPD40
39.10 Pooled contributions could complimentand/or contribute towards programmes for widerbased improvements, for example from theCommunity Strategy, Capital Programme andInfrastructure Delivery Plan, and may include:
• new or improved footways and/or hard or softlandscaping improvements;
• replacing paving or landscape material on existingpublic realm including carriageway and footways;
• improvements to mews entrances;
• improvement of pedestrian links to local facilitiesand public transport
• street lighting;
• tree planting ;
• appropriate new street furniture, railings andsignage;
• enhancements to the historic street environmentand public realm within conservation areas and toenhance the setting of listed buildings;
• restoration and enhancement works to buildingslinked to development within conservation areasor with listed status;
• research into the historic environment of a givenarea and interpretative signage to convey the areashistory;
• removal of street clutter
39.11 Appropriate Streetscape Guidance onimprovements will be referred to where it has beendeveloped for a local area, for example within adevelopment brief or other SPD.
40: D3 Public ArtContext
40.1 The provision of public art and artisticfeatures will be sought as an integral element toany development with a significant impact on itsphysical environment and setting as defined in UDPpolicy. The Council will seek planning obligationsto secure new provision in appropriate developmentproposals.
40.2 The Council has recently prepared a tenyear Arts and Cultural strategy encouraging strongleadership in the broader context of arts, cultureand creative industries, and supporting new culturalpractitioners across the Borough
Policy Framework
40.3 The Per Cent for Art campaign, launchedby the Arts Council in 1989 forms the basis of theCouncil’s adopted Supplementary PlanningGuidance on Public Art. www.rbkc.gov.uk/
40.4 Policies CR3 and CR4 of the Core Strategy,and Policy C1, seek the delivery of necessaryinfrastructure to support development proposals,including high quality public art and public realm.
40.5 The Community Strategy promotes theRoyal Borough as home to a thriving artistic andcultural community, and sets out a number ofobjectives. These include developing a range ofspaces suitable for use by artists and culturalorganisations to create, develop, rehearse or selltheir work. It also states that the Royal Boroughwill ensure that public spaces will have high qualitycontemporary and traditional programmes of publicart, activities and temporary interventions that willexcite and delight.
Threshold
40.6 All major developments will be required tomake a contribution to Public Art. A majordevelopment is defined as development capableof providing 10 residential units or more, or of anarea of 0.1 hectares or more irrespective of thenumber of units or 1,000 sq m or more for any otheruse (office, retail, industry, community, and leisure)
Application
40.7 Major commercial schemes will normallybe expected to provide public and artist designedelements up to 1% of the value of the development. A proportion of that art is expected to be freestanding from the development or independentlycommissioned art work, supporting the Arts andCultural Strategy and local artists. The overallpublic art provision will be subject to considerationin light of other planning obligations sought, andthe design and architectural merits of thedevelopment proposed.
40.8 As appropriate, the funding of art can be bymeans of a sum set aside to be spent by thedeveloper or a financial contribution to the Council.
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Planning Obligations SPD
A transparent process of commissioning public artwork, involving professional art organisationsand/or stakeholder community engagement will beexpected.
41: D4 CommunitySafetyContext
41.1 The promotion of good design to design outcrime is the primary means of addressingcommunity safety in the planning system. However,there will be instances where the nature ofdevelopment will create the requirement foradditional management measures to be put in placeto tackle risks of access and security in the areaof development.
Policy Framework
41.2 Any public spaces and access ways throughor adjoining a site should be overlooked, have anappropriate lighting be set away from cover andprovide clear sight lines.
41.3 Policies CK1 and CK3 of the Core Strategy,and Policy C1, seek the delivery of necessaryinfrastructure to support development proposals.
41.4 The Community Strategy sets the aim thatthe Royal Borough should be “a borough wherepeople live their lives free from crime and the fearof crime.” Its aims are delivered in a number ofways including improving processes for designingout crime when any changes to the builtenvironment are being considered. It also aims toincrease the number of visible enforcement officerspatrolling the streets of the Borough to tackle streetcrime.
41.5 The Strategy also enables police stationsto be located in easily accessible locations andsupport the development of joint use locations forpolice vehicles, officers, patrol bases and SaferNeighbourhood teams and improving the use ofpublic and private CCTV systems to prevent crimeand disorder, provide intelligence and assistenforcement.
Threshold
41.6 All developments where relevant andrequired to meet safety needs arising from scheme,and/or where in terms of visitor numbers there is
a requirement for Council or other public sectorongoing expenditure to deal with specificcircumstances of visitor and public management.
Application
41.7 Measures to improve community safety inthe vicinity of developments may include:
• improved street lighting;
• CCTV camera installation, coverage, andmonitoring arrangements.
41.8 Direct provision by the developer, the enduser, or through financial contributions will besought where appropriate to secure these facilitiesor services.
42: D5 Public RealmRevenue ContributionsContext
42.1 Investment in the public realm requires tobe supported by on-going maintenance. Theapplication of planning obligations for this purposeis appropriate in accordance with Circular 5/2005and the CIL Regulations 2010.
Policy Framework
42.2 Policies referred to in this section supportincluding and using maintenance payments whereappropriate, where legal agreements withdevelopers are sought, and seek the attainment ofplanning obligations, having regard to currentGovernment Guidance. Policy C1 of the CoreStrategy seeks the delivery of necessaryinfrastructure to support development proposals.
Threshold
42.3 All development where a maintenancecontribution to public realm is required.
Application
42.4 In addition to costs to cover design,supervision and administration of the works, whichwill be costed into the contribution, a one offmaintenance contribution for new open space orimprovements to existing open space and publicrealm is required, set at an additional 10% of thecapital construction costs of the improvementsfunded by planning obligations.
Adopted - August 2010 Planning Obligations SPD42
42: Annex E PublicTransportContext
42.1 The provision of adequate and sustainabletransport infrastructure and mitigation measureswill be required where developments generate newtransport demand or have significant transportimpacts. Planning obligations may be sought forpublic transport, traffic and highway works, parkingrestrictions, travel plans or other managementplans.
42.2 Development with an unacceptabletransport impact (including in particular trafficgeneration) and/or contributing to a transportcapacity shortfall, or leading to a compromise inthe condition of highway safety (as judged againstpolices in the plan) will be refused. in accordancewith the principle that planning obligations can notbe used to make an unacceptable developmentacceptable.
Policy Framework
42.3 The policy framework for this section isprovided by national guidance in PPG13“Transport”, the London Plan and the Core Strategy(see Better Travel Choices). In addition, theCouncil has prepared a separate SupplementaryPlanning Document (SPD) on transport (December2008) dealing with the Council’s standards forparking, servicing and highway improvements innew or converted developments. The TransportSPD provides detailed guidance on how toimplement the higher level policies.
42.4 This section of the Planning ObligationsSPD should be read in conjunction with theTransport SPD: www.rbkc.gov.uk/
42.5 Detrimental transport related developmentimpacts identified through a Transport Assessmentor otherwise can often be mitigated by the provisionof infrastructure and other improvements. Wherepractical mitigation measures can be undertaken,planning obligations can be used to securedeveloper contribution towards necessaryimprovements.
42.6 Under UDP Policy TR37, it is Council Policy“to negotiate developer contributions from relateddevelopments for improvements to transportservices and facilities, including those to publictransport services, walking and cycling facilities
and to improvements to the pedestrianenvironment, particularly around public transportnodes”.
42.7 This approach is continued in Policy CT1“Improving Alternatives to car use”, and Policy C1of the Core Strategy seek to ensure that it is easierand more attractive to walk, cycle and use publictransport.
E1. Public Transport
Context
42.8 New development can put considerablestrain on existing public transport infrastructureand/or on pedestrian and cycle links to publictransport facilities. Often improvements to publictransport must be made in order for developmentto be accommodated without causing unacceptabledetrimental impacts.
Policy Framework
42.9 UDP Policies TR 35 – TR37 assess theimpact of new development on inter alia publictransport infrastructure and resist developmentwhich would result in inter alia congestion on publictransport, and seek contributions towards improvedtransport facilities.
42.10 Policy CT1 of the Core Strategy requiresthat development demonstrates that it will not resultin any material increase in traffic congestion oron-street parking pressure, and to ensure thatpublic transport services, and access to them, areimproved. Proposals for high trip-generatingdevelopment in areas where there is consideredto be an inadequate level of accessibility to publictransport may need to make significantcontributions towards ameliorative measures inorder to be acceptable.
Threshold
42.11 The scale of development that wouldrequire development contributions towardsimprovements in public transport provision or inaccess to existing public transport facilities willdepend on site-specific circumstances includingthe public transport accessibility level, and the likelydemand for public transport services.Developments within areas of low public transportaccessibility are more likely to require publictransport or access improvements in order to beconsidered acceptable, all other things being equal.Development which is not “major development” is
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Planning Obligations SPD
unlikely to have significant impacts on publictransport however it may require improvedpedestrian and cycle links to public transportfacilities.
42.12 Development contributions towards publictransport improvements will be sought in areaswhere incremental development is having acumulative impact on existing public transportinfrastructure or services requiring improvementsto be made. In these circumstances contributionswill be pooled to secure the necessaryimprovements.
Application
42.13 Public transport planning obligations arelikely to be in the main off site financialcontributions, which will be used towardsimprovements in public transport infrastructure,services and accessibility. A non exhaustive list ofpublic transport projects for which developmentcontributions are likely to be required is set outbelow:
a) local public transport improvements, including:
revenue “pump priming” of new/extended localbus routes/services and/or increased servicefrequencies.bus priority measures and improvements tobus stop facilitiesaccess and other improvements to rail andunderground stationsfacilities to assist interchange between modesassociated street furnitureassociated carriageway and pavementmeasuresassociated pedestrian and cycle linkscycle parking
b) Improvements to transport interchanges andcapacity at strategic hubs including:
Overground StationsUnderground stations
c) Major public transport infrastructure projects,including feasibility and scoping studies forschemes and their design, operation andimplementation, including the following possibleschemes
North Pole Road rail stationChelsea-Hackney Line stations
New Crossrail stationRiver Transport piers and access
42.14 Developer contributions will be securedwhere in the longer term, development would notbe acceptable without the increased level ofaccessibility and/or capacity offered by theseprojects.
42.15 A Transport Assessment will help toquantify the likely level of additional demand onlocal public transport facilities.Transport for Londonwill usually provide information on capacity and theneed for improvements to existing or new servicesin order to accommodate the demand generatedby new development. In all cases, financialcontributions will be related to the scale andpurpose involved. In areas designated for majorredevelopment further detailed guidance will beprovided in the form of area based SupplementaryPlanning Documents.
Crossrail
42.16 To support a strategic transport station forCrossrail at Kensal, developments in the area arerequired to improve pedestrian routes and crossingpoints so that they can be accessed safely.. Inassessing the level of contributions, considerationwill be given to the Mayor of London’s SPD onContributions towards Crossrail funding, to ensurethat any duplication of charging is not sought,where contributions are required to be provided toTfL.
43: E2 Highways &Traffic WorksContext
43.1 Many developments, by generatingadditional trips or by changing the way a site isaccessed, will have significant impacts on thehighway network. Mitigation measures will berequired in order to make these developmentsacceptable, including reduced or zero car parking.Examples of works that may be required includetraffic calming measures, new road realignments,junction improvements and footway improvements.Planning obligations will be used as a mechanismto secure required works on the highway.
Adopted - August 2010 Planning Obligations SPD44
Policy Framework
43.2 Policy CT1 of the Core Strategy requiresthat development will not result in any materialincrease in traffic congestion or on-street parkingpressure.
Threshold
43.3 This will depend on the nature of theproposals and the extent of the need for highwayand traffic mitigation works to be carried out as aresult of proposals, or public realm improvementsto promote walking as a means to reduce trafficimpact of a development.
Application
43.4 A range of traffic and highway measuresmay be required as the result of individualschemes. The Council’s Transport section willnormally advise on the requirements for individualapplications, and/or such works will be identifiedas a result of submitted Transport Assessments.A number of schemes may have a cumulative effecton the highway network and/or particular junctions.In these instances, financial contributions may bepooled for area improvements as appropriate.These may include works for cycle infrastructureand cycle links.
44: E3 ParkingRestrictionsContext
44.1 The extension of on street parking controls,waiting restrictions, parking permit eligibilityrestrictions, and permit free housing will bepromoted to mitigate the impacts of developmenton parking conditions and the local highwaynetwork.
44.2 Despite having some of the lowest levelsof car ownership in the country the Boroughexperiences very high levels of on-street residents’parking demand such that the occupancy level ofspaces is high in most of the Borough and at mosttimes of the day and night. The impacts of highparking demand are well known and include:
drivers being forced to circulate around anarea seeking empty spaces which causesunnecessary congestion, environmentalpollution and noise disturbance;
drivers being tempted to park in dangerousor inconvenient locations, such as close tojunctions or on pedestrian crossing points;drivers having no choice but to park somedistance from their homes causinginconvenience and more serious problems forelderly or disabled residents.
44.3 The transport SPD explains in full detail theprovisions required for car-parking restrictions innew development: www.rbkc.gov.uk/
Policy Framework
44.4 Under TR36 it is Council Policy to resistdevelopment which would result in any materialincrease in parking. Policy CT1 of the CoreStrategy requires that development will not resultin any material increase in traffic congestion oron-street parking pressure.
44.5 The Council’s Permit Free Policy is set outin Section 3.1 of the Transport SPD. In order toensure that development is not contrary to CoreStrategy Policy CT1(c) and does not add toon-street parking demand all new additionalresidential units will be required to be permit free.Planning obligations will be required to ensure thatowners or occupiers of new additional residentialunits are not entitled to apply for parking permits.
Threshold
44.6 The Council will require all applications thatinclude new additional residential units to beaccompanied by a draft permit-free UnilateralUndertaking, (an up to date version will bemaintained on the Council’s website –www.rbkc.gov.uk/planning).
Application
44.7 The permit-free requirement will be appliedto all developments that provide new residentialdwellings.
45: E4 Travel Plans andCar Clubs
Travel Plans
Context
45.1 A Travel Plan is a package of practicalmeasures to reduce car travel to and from aproposed site, and to encourage the promotion of
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Planning Obligations SPD
more sustainable forms of transport by increasingthe awareness of travel options. Travel Plansshould be submitted with development proposalsabove certain threshold sizes (see below). TravelPlans can be secured by way of a condition on thepermission or a S106 planning obligation. Planningobligations are the best suited for securingcomprehensive long term travel plans with targetsfor the reduction in travel related impacts. TheCouncil will require that travel plans are securedthrough S106 planning obligations whereverpossible.
Policy Framework
45.2 Section 6 of the Transport SPD sets out theCouncil’s Policy on Travel Plans. Policy CT1 ofthe Core Strategy requires that large scaledevelopment will require Travel Plans.
Threshold
45.3 Travel Plans secured through planningobligations will be required for the following scalesand types of development:
those of 80 residential units or more;commercial developments of more than2500m2 (26,896ft2) GFA;retail developments of 1000m2 (10,758ft2) ormore;hotels with 50 beds or more;schools of any size;other types of development that the Councilmay determine from time to time.
Application
45.4 Planning obligations securing travel plansmust include mechanisms and remedial actions tosecure measures and outcomes. Travel Planssecured through planning obligations shouldcontain a robust package of measures that can beimplemented and monitored at certain stages ofthe development. The Transport SPD sets outexamples of measures to be included.Travel Plansshould be produced in accordance with TfL’sguidance on Workplace travel Planning andResidential Travel Planning.
Car Clubs
Context
45.5 A Car Club provides an environmentallysound and financially attractive alternative to privatecar ownership by offering pay as you go short term
vehicle hire. Car club related planning obligationscan be sought in order to achieve reduced levelsof on-site parking provision or, in somecircumstances, in order to provide an on-street carclub bay in the vicinity of the site. Car club relatedinitiatives can also be included in Travel Plans.
Threshold
45.6 Car club related planning obligations will besought where, due to scheme specificcircumstances, they are considered to offer themost appropriate mitigation measure for a givendevelopment impact.
Policy Framework
45.7 Car clubs are covered in Section 3.4 of theTransport SPD.
Application
45.8 Planning Obligations securing Car Clubspaces will be required to provide:
• a number of spaces to be used by a car cluboperator(s) where an off-street car park is provided,and/or;
• a level of free or subsidised membership to relateto properties rather than individuals unlessotherwise required by the provider.
Adopted - August 2010 Planning Obligations SPD46
46: Annex F NaturalResource Management
Annex F Natural Resource Management
46.1 Major developments are expected to deliverhigh sustainability in the context of two sustainabledesign and construction means: energy efficiencyand renewable energy. Additionally, developmentsneed to take account of flood risk. The Councilhas prepared SPD on Air Quality, which links withthe Air Quality Action Plan (AQAP), and expectsmitigation measures where appropriate.
46.2 The policy requirements are set out inDevelopment Plan policies, and guidance on thegeneral interpretation and application of thesepolicies is provided separately. The CommunityStrategy aims to promote energy efficiency,recycling, waste minimisation and the reduction ofpollution; and tackle the causes of climate changethat arise from the activities of those living andworking in the Borough.
Policy Framework
46.3 In accordance with London Plan 4A.7 andthe Mayor’s SPG ‘Sustainable Design andConstruction’ the Council will seek the mostenvironmentally efficient supply and use of energyand water in new development and the re-use ofbuildings by encouraging design proposals whichpromote energy and water conservation, includingthe reuse of grey water.
46.4 The Council will require that energyconservation measures for all major developmentschemes are taken into account and this will berequired as part of the development proposal, orrequired by condition. In exceptional circumstancesa planning obligation may be necessary to ensurethat energy efficiency measures are undertaken.
46.5 The Council’s Environmental Strategy, ‘Fora More Sustainable Future – 2006-2011’ outlinesproposals to advance environmental sustainabilitythroughout the Borough.
46.6 The Core Strategy requires all new builddevelopment, and all subterranean developmentincluding the retrofitting of the principle building, tomeet certain standards which will be enhancedover time, such as the requirement for residentialdevelopment to meet Code for Sustainable HomesLevel 4 (initially), and a BREEAM assessment
Excellent. Policies CE1, CE2, and CE5 arerelevant, specifically Policy CE1(c) and the SPDon Subterranean Development.
46.7 Certain major development proposalsshould provide decentralised energy generationcapable of forming part of a localised energynetwork, and where appropriate financialcontributions may be sought through a s106Agreement to fund investment within the Boroughthat would offset energy costs of construction.
F1 Energy Efficiency
46.8 Applications must include details of thesustainable design and construction proposed.The requirements for sustainable design andconstruction as well as renewable energy will besecured through planning conditions or s106agreements to ensure that these objectives areachieved. In particular, the approach to achievingCode for Sustainable Homes Level 4, andexceeding these targets will be examined. PolicyCE1 of the Core Strategy requires theseassessments.
46.9 These are not subject to standard chargeformulae. However they will need to reflect relevantGovernment and London Plan policies andguidance as appropriate, and any further relevantguidance produced by the Royal Borough.
47: F2 RenewableEnergyF2 Renewable Energy
47.1 The Development Plan requires developersto provide adequate supply of required utilityinfrastructure, prior to completion of development,or phases within development, through agreementwith utility companies. Where necessary these willbe secured by conditions and/or planningobligations. Policy CE1 of the Core Strategyrequires these assessments.
47.2 The provision of decentralised energygeneration capable of forming part of a localisedenergy network may be secured via planningobligations to ensure that partnerships for deliveringdecentralised energy networks through EnergyService Companies (ESCo) and/or Multiple UtilityService Companies (MUSCo) are satisfactorilycoordinated.
47Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
48: F3 Flood Risk48.1 In accordance with PPS25 and theDevelopment Plan development proposals withinAreas at Risk from Flooding as identified in theStrategic Flood Risk Assessment will be requiredto demonstrate that they comply with guidance setout in PPS 25 Flooding, and the Development Plan.In particular this ensures that the developer carriesout the necessary works and that futuremaintenance commitments are met.They may alsoapply planning conditions which would requirecompletion of the necessary works before the restof the development can proceed;
48.2 Any site located in and identified in theStrategic Flood Risk Assessment, or where it isconsidered that the impact of a proposal wouldresult in increased flood risk downstream. PolicyCE2 of the Core Strategy requires the necessaryassessments.
48.3 PPS 25 states that for new development, itmay be necessary to provide surface water storageand infiltration to limit and reduce both the peakrate of discharge from the site and the total volumedischarged from the site. There may becircumstances where it is appropriate for infiltrationattenuation storage to be provided outside thedevelopment site, if necessary through the use ofa s106 agreement. Additionally, where the surfacewater system is provided solely to serve anyparticular development, the construction andongoing maintenance costs should be fully fundedby the developer. Section 106 agreements may beappropriate to secure this.
49: F4 Air QualityF4 Air Quality
49.1 The Council has published a separate SPDon Air Quality, and has an Air Quality Action Plan(AQAP) for the Royal Borough. This takes intoaccount new planning policies including PPS23,The London Plan, saved UDP policies (PU1 andPU2) and the Core Strategy, and aims to helpreduce exposure to air pollution across the wholeof Royal Borough of Kensington and Chelsea (2)
Policy Framework
49.2 Policy PU1 is “To resist development whichwould have an unacceptable impact on air quality”.Policy PU2 is “To resist development leading topollution that would have an unacceptable impacton amenity”. Policy CE5 of the Core Strategyrequires an assessment for all major development.
49.3 The Air Quality SPD states that air qualityis likely to be a significant material considerationwhere:
the application is in conflict with the Borough’sAQAP;the application would render some elementsof the AQAP unworkable; andthe application will result in unacceptableincreases in emissions of key pollutants.
Threshold
49.4 The Air Quality SPD states that the Councilmay require large developments (i.e. majordevelopments) to offset the air quality impacts ofthe development through a standard financialcontribution to an air quality action fund. Thiswould be used as capital funding for the purchaseand installation of monitoring equipment; actionplanning; and the enforcement of air qualityplanning conditions.
49.5 Conditions and planning obligations seekingto improve air quality may take a number of formsand may require the consideration of, but are notlimited to, the following issues:
Construction Phase restricting certain typesof vehicles; setting emissions standards forvehicles used on site;Operational Phase: providing electric chargingpoints for vehicles; restricting on site carparking provision; requiring contributions tothe air quality action fund; providing alternativeforms of transport, such as car clubs orcontributions to public transportimprovements; and/or making standardfinancial contributions to the implementationof low emission strategies and measures.
Air Quality Action Fund: Contributions
49.6 In order to fulfil the aims of the Air QualityAction Plan, a specified fund for Air Quality hasbeen established. Contributions will be sought to
2 http://www.rbkc.gov.uk/planningandconservation/planningpolicy/supplementaryplanning.aspx
Adopted - August 2010 Planning Obligations SPD48
achieve these aims from all major developments.A standard contribution will be sought of £50 perdwelling for residential development, £22 per bedspace for residential education institutions, prisonsand other secure residential facilities and £5 perm2 for non- residential and business developments.Contributions will be sought towards the following:
The Council's cost of monitoring compliancewith any planning obligation agreement andrelated conditions which have direct effect onair quality;Contributions towards the Council's air qualitymonitoring and action planning
49Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
50: Annex GEmployment andTraining
Annex G Employment & Training
Context
50.1 Various Employment and Training Measuresmay be sought through planning obligations,including:
• Construction Training
• General Employment and Training Contributions
• Securing Employment Premises
Policy Framework
50.2 The UDP contains policiy MI1 which states:
MI1 Where appropriate, the Council willnegotiate planning obligations in order toensure satisfactory developments.
50.3 The supporting text of this policy givesexamples of where planning obligations could besought, including (b) economic - such as securingjobs for local residents, community basedinitiatives, employment training schemes;
50.4 This will ensure that local people are in aposition to compete for any new employment thatmight arise as a result of development.
50.5 Policy CF1 and CF5 of the Core Strategyset out the locational requirements for shops andbusinesses. Policy CF2 requires new large scaleretail development to provide affordable shops.Policy C1 of the Core Strategy sets out theapproach to securing planning obligations. Itincludes measures such as economic initiatives forsecuring jobs for local residents, community basedinitiatives, employment training schemes, theprovision of small business units and affordableshops, workspace nurseries, flexibly sizedaccommodation and partnership regenerationinitiatives.
50.6 The Community Strategy sets the aim fora Borough which enjoys stable levels of economicgrowth and employment, with the benefits ofincreasing prosperity enjoyed across the Borough.It seeks to offer a range of business, office andretail premises to suit different budgets and
different needs continuing to protect land foremployment use within the Borough. This isimportant during both an economic downturn or aperiod of economic growth.
50.7 RBKC PPU Economic Development Teamwill have the key role in determining the applicationof employment and training financial contributionswhich are sought and used to achieve the priorityaims of the Council.
G 1 Training for Construction
Context
50.8 The Council is seeking to promote accessfor local people in construction training and jobs topromote skilled employment opportunities for localresidents, and address issues in relation to the longterm shortage of skilled labour in the constructionindustry.
50.9 The main vehicle for doing this is throughestablished Partnerships, or any other agencynominated with the prior agreement by the RoyalBorough.
Policy Framework
50.10 The relevant policies are:
• UDP Policy MI1, and Core Strategy C1.
• The Community Strategy aims improve theemployment prospects of residents by creatingopportunities and tackling those barriers whichmake it difficult for certain groups to gain or retainemployment. It explicitly states that the RoyalBorough will continue to negotiate localconstruction training commitments as part of majornew developments in the Borough.
50.11 The London Plan Policy 3B.12 Improvingthe skills and employment opportunities forLondoners also support these objectives. PolicyC1 of the Core Strategy seeks the necessaryinfrastructure to support development in theBorough.
Thresholds
50.12 All major developments will need tocontribute to local training for construction. A majordevelopment is defined as development capableof providing 10 residential units or more, or of anarea of 0.1 hectares or more irrespective of thenumber of units or 1,000 sq m or more for any otheruse (office, retail, industry, community, and leisure)
Adopted - August 2010 Planning Obligations SPD50
Application
50.13 Developments that meet the thresholdcriteria will be expected to comply with planningobligations relating to:
• Notification of vacancies: Arrangement for thenotification of job vacancies arising fromconstruction to RBKC Economic DevelopmentTeam or other nominated agencies.
• Local trainee recruitment: A specified proportionof the overall number of construction workersemployed on a development must be local trainees.The proportion should be agreed in advance.Normally the expected level would be one traineeper 10 construction workers engaged on site overthe course of the development. Candidates for workbased learning and training opportunities will benominated by RBKC (or another agency as agreedby the Council).
• Accredited training:Training opportunities mustfollow an accredited framework, to provide traineeswith the right level of skills to enter and sustainemployment within the construction sector.Generally a minimum of NVQ Level 2 (e.g. CITBConstruction Skills Modern Apprenticeship) fortrainees will be sought, that will require thedeveloper (either directly or via the supply chain)to employ trainees and support College releasearrangements until attainment of their qualification.
Financial Contributions
50.14 For developments of the type and size setout above, the Council will seek a financialcontribution to support the recruitment, initialtraining, employment, and ongoing skillsdevelopment of local people. The Council hasadopted a standard formula in line with otherboroughs operating similar schemes to calculatethe value of the contribution. The Council willexpect a developer to contribute £2,500 for every£1 million worth of construction costs. For examplea scheme costing £5 million will result in a £12,500contribution. This covers the cost of the training,for example course fees and is based on providingtraining for one person.
50.15 The Council may require a financialcontribution and/or seek arrangements with thedeveloper/contractors to provide for the following:
• On site resources – recruitment centre and oremployment broker
• Jobs Fairs
• New training facilities and related infrastructure
• Measures to promote environmental sustainabilityin the supply, production and disposal of materialsand products and services related to thedevelopment.
• Local Supply Chain Initiatives and identifcationof potential opportunities to facilitate suitablecustomised pre-employment training.
50.16 The Council is willing to negotiate adifferent rate on larger construction schemesdefined as £30 million in construction contractvalue.
50.17 The Royal Borough is committed tomaximising the benefits of local investment for localeconomy. It therefore wishes to encouragedevelopers to consider the use of local companiesand suppliers during the construction of majorschemes. This will help achieve a multiplier effectfor the local economy, to this end the Council willwork with developers and their contractors toachieve the procurement of goods and servicesfrom companies and organisation based in theBorough up to an agreed percentage of the totalvalue of the contract.
51: G2 GeneralEmployment andTraining ContributionsContext
51.1 For development schemes that have asignificant impact in creating new long termemployment opportunities – the Council will seekvoluntary agreements to enable access toemployment opportunities. This will includenotification of vacancies and efforts to securecooperation of contractors and sub-contractors.
51.2 The Council will also seek financialcontributions to help support residents to developthe skills enabling them to access newly createdemployment opportunities arising fromdevelopment.
51.3 In addition, where there is loss ofemployment floorspace, the Council will seek topromote new opportunities for employment either
51Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
through direct recruitment arrangements, and/orfinancial contributions towards employment andtraining schemes.
Policy Framework
51.4 The relevant policies are:
• UDP Policy MI1 and Core Strategy C1.
• London Plan Policy 3B.12 Improving the skillsand employment opportunities for Londoners alsosupports these objectives.
51.5 The Community Strategy aims to enhanceskills and training projects for young people andother clients and strengthening networks ofproviders and employers to help access fundingand identify clear routes into employment. PolicyC1 of the Core Strategy seeks the necessaryinfrastructure to support development in theBorough.
Thresholds
51.6 All major commercial developments will berequired to make contributions towards generalemployment and training initiatives. Additionally,any development that is likely to employ in excessof 50 employees will be required to make acontribution towards training measures. Majorcommercial developments are defined as 1,000 sqm or more any office, retail, or industrial use.
Application
51.7 Developments that meet the thresholdcriteria will be expected to make contributionstoward employment and training activities. Thecontribution will be pooled in accordance with the2010 Community Infrastructure Levy Regulationsand Circular 05/2005 , in the EconomicDevelopment Fund and applied in accordance withCouncil priorities.
Financial Contributions
51.8 Financial contributions will be sought inrespect of new major employment sites to ensureaccess to the labour market by all Royal Boroughresidents. Also, in developments where there isloss of employment floorspace, a contribution forretraining workers who might otherwise have beenemployed on that site will be sought. A range ofemployment and training projects will be fundedfrom financial contributions obtained, including
workplace co-ordinator schemes to accessemployment from new development, and/or majoremployers.
51.9 In order to maximise employmentopportunities for local people who need work, theCouncil will seek to secure planning obligationsrelating to job-brokerage and skills training. Theseobligations will be utilised for the recruitment anddevelopment of skills and career paths of localpeople. This reduces travel to work distance,increases local household income, skill levels andcareer opportunities and helps communitycohesion.
51.10 The contribution will be related to thenumber of jobs created by the development. Itcovers job-brokerage (i.e. the finding and matchingof local skills to candidates and vacancies) andskills training. The programme should be approvedin advance by the Council and be additional to suchtraining and recruitment as would normally beundertaken.
51.11 It should include, for example, theadditional costs of recruiting candidates throughlocal community organisations, providing extrabasic skills or customised training for localcandidates who do not initially meet the recruitmentcriteria.
51.12 The Council, through joint working withpartners can achieve economies of scale, forexample by providing training to a group throughpartner organisations. The formula employed takesaccount of the likely number of jobs created(employment density – using information from theplanning application or assumed Floorspace/workerdensities, e.g. from English Partnerships guide2001), and of these the target number of jobs forlocal residents, based on census data. Of thetarget number of jobs, a proportion will requiretraining and assistance to access the jobs beingcreated.
Financial contributions to enable local peopleto access employment in new schemes:
net new floor area/ number employees per sq m
x
28% of RBKC residents expected to be employedas part of total workforce
X
Adopted - August 2010 Planning Obligations SPD52
20% of RBKC residents requiring training andsupport
X
£3,500 average cost for unemployed resident interms of support and skill training to obtained skilledjob.
Compensation for loss of employmentfloorspace
net loss of employment floorspace / average perworker
X
28% of RBKC residents in Borough workforce
X
£2500 average cost of retraining and supportrequired for redundant worker to access newoccupational skills
52: G3 SecuringEmployment Premises,and use of LocalSuppliersG3 Securing Employment Premises, and useof Local Suppliers
Context
52.1 Securing and safeguarding employmentpremises in mixed use developments, or schemeswhere it is proposed to have small business startup or community based workshops, may besecured by planning obligation. Developmentswhich can expand on and make use of existinglocal supply chains may be required to demonstratetheir intention to do so.
Policy Framework
52.2 The relevant policies are:
• UDP Policy MI1 and Policy C1 of the CoreStrategy seeks the necessary infrastructure tosupport development in the Borough. The LondonPlan Policy 3B.12 Improving the skills andemployment opportunities for Londoners alsosupports these objectives.
52.3 The aims of the Community Strategy seekto offer a range of business, office and retailpremises to suit different budgets and differentneeds continuing to protect land for employmentuse within the Borough. The Employment Landand Premises Study 2007 provides furtherbackground to the policy requirements and actionsto securing and safeguarding employmentpremises.
Threshold
52.4 The major development threshold of 1,000sq m for commercial, will be applied.
Application
52.5 Planning obligations will be used to covermarketing, lease arrangements, and sharedmanagement facilities for small business start upor community workshop space, and whereappropriate involve established business spaceproviders and managers. Annex C of this SPDrefers to affordable employment space for thevoluntary sector, and such provision could besought within appropriate developments.
Use of Local Suppliers
52.6 The Council will seek opportunities toensure that local businesses benefit from theconstruction and successive use of developments.The Council will expect developers to work with itto promote and advertise tender opportunitieswherever possible, and to achieve the procurementof construction contracts and goods and servicesfrom companies and organisations based in theBorough.
52.7 The Council will expect developers to briefsubcontractors on the requirements of theagreement, and ensure cooperation is agreed asa prerequisite to accepting sub-contract tenders,and include a written statement in contracts withsub-contractors encouraging them to work withlocal businesses.
52.8 The Council will require agreement onregular monitoring and information to be providedin respect of contract tendering activity, and theoutcomes with regard to local businesses.
52.9 Opportunities to ensure that localbusinesses benefit from the construction phaseand successive use of developments will also be
53Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
secured through appropriate planning obligations.Further information is available from the CouncilsEconomic Development Team.
53: G4 Town Centres,Regeneration &Affordable ShopsG4 Town Centres, Regeneration & AffordableShops
Context
53.1 The Council will support town centremanagement activity to promote the overalleconomic and social vitality and viability andcharacter of Town and Retail Centres and thecommunities they serve.
Policy Framework
53.2 Policy C1 of the Core Strategy seeks thenecessary infrastructure to support developmentin the Borough, while Policy CF2 requires largescale retail development to provide affordableshops. A pattern of town centre shopping in theBorough, suited to modern retailing practice andconsumer needs, and in sympathy witheconomically and culturally diverse current smallpattern of small-unit retailing, will be retained andpromoted.
53.3 The Community Strategy seeks to offer arange of business, office and retail premises to suitdifferent budgets and different needs continuing toprotect land for employment use within the Borough
Threshold
53.4 All major development within town centresexceeding the threshold of 1,000 sq m forcommercial new developments and changes ofuses will normally be applied dependent onidentified impact.
53.5 This will be applied where development mayhave an impact on existing businesses or thefunction of a town centre or district centre, andwhere this may be addressed by an appropriateplanning obligations contribution.
Application
53.6 The Council is seeking to diversify the rangeof unit sizes and promote affordable retail units indistrict and local centres. Planning obligations, via
financial contribution will be used to cover a rangeof promotional, marketing, and co-ordinating activityto improve the vitality, viability, and character offerof Retail Centres. The affordable shops may bemanaged under the Council’s NeighbourhoodShopping policy, and can be provided off site withinthe same centre where appropriate. Whereprovision of a unit is not appropriate the Councilwill seek contributions to diversify town centres.
53.7 Provision of affordable retail space may besought within developments where this will mitigateagainst the harm of the development.
Adopted - August 2010 Planning Obligations SPD54
54: Appendix 1:Planning Obligationsrequirement checklist54.1 The tables in the following sections explain,first, whether or not a contribution is likely to berequired, and secondly, how the contribution willbe calculated.
54.2 Step 1 identifies the thresholds for securingthe relevant planning obligation. Once this hasbeen determined, it is possible to use the followingtable to assess the likely level of contributions -see Step 2.
55Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
55:Step1:Is
acontributionsought
fromtheproposal?
Ste
p 1
: Is
a C
on
trib
uti
on
So
ug
ht
fro
m t
he
pro
po
sal?
55.1
T
he ta
ble
belo
w is
a g
uide
to th
e th
resh
olds
for
cont
ribut
ions
for
part
icul
ar ty
pes
of in
fras
truc
ture
55.2
Y
= S
tan
dar
d C
har
ge
Fo
rmu
la a
pp
lies
*= C
on
trib
uti
on
so
ug
ht
on
eac
h s
chem
e in
exc
ess
of
thre
sho
ld s
et o
ut
in S
PD
An
nex
es A
-G
Fo
rmu
la?
Pri
nci
ple
mea
ns
of
del
iver
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hre
sho
ldM
ajo
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lan
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g O
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nS
ou
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t/ T
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sho
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Mix
edC
om
mer
cial
Res
iden
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Mix
edC
om
mer
cial
Res
iden
tial
A A
fford
able
hou
sing
No(3
)O
n si
te p
rovi
sion
for
affo
rdab
le h
ousi
ng. O
ff si
tefin
anci
al c
ontr
ibut
ion
for
800m
2 to
120
0 m
2
800m
280
0m2
YY
Affo
rdab
le H
ousi
ng
B E
duca
tion
Yes
Fin
anci
al c
ontr
ibut
ion,
or
prov
isio
n in
kin
d.1
unit
1 un
itY
YS
choo
l Pla
ces
C C
omm
unity
Fac
ilitie
s
Yes
Fin
anci
al c
ontr
ibut
ion
1 un
it*
1 un
itY
YY
C1
Hea
lth
Yes
Fin
anci
al c
ontr
ibut
ion
**
*Y
YY
C2
Libr
arie
s
Yes
Fin
anci
al c
ontr
ibut
ion
**
*Y
YY
C3
Spo
rt &
Lei
sure
No
Fin
anci
al c
ontr
ibut
ion
**
*Y
YY
C4
Com
mun
ityFa
cilit
ies
3A
form
ula
for
the
finan
cial
con
trib
utio
n be
twee
n th
e 80
0-12
00 m
2 ra
nge
exis
ts.
Adopted - August 2010 Planning Obligations SPD56
Fo
rmu
la?
Pri
nci
ple
mea
ns
of
del
iver
yT
hre
sho
ldM
ajo
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lan
nin
g O
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atio
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ou
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t/ T
hre
sho
ld
Mix
edC
om
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cial
Res
iden
tial
Mix
edC
om
mer
cial
Res
iden
tial
Yes
Fin
anci
al c
ontr
ibut
ion
**
*Y
YY
C5
Pol
icin
g re
sour
ces
and
emer
genc
yse
rvic
es
Yes
Fin
anci
al c
ontr
ibut
ion
Bas
ed o
nid
entif
ied
need
Bas
ed o
nid
entif
ied
need
Bas
ed o
nid
entif
ied
need
Bas
ed o
nid
entif
ied
need
Bas
ed o
nid
entif
ied
need
Bas
ed o
nid
entif
ied
need
C6
Rev
enue
cont
ribut
ions
D P
ublic
Rea
lm
Yes
Fin
anci
al c
ontr
ibut
ion
YY
YY
YD
1 P
ublic
Rea
lm -
Par
ks a
nd O
pen
Spa
ces,
No
Pro
visi
on in
kin
d, o
rfin
anci
al c
ontr
ibut
ion
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
D2
Pub
lic R
ealm
–S
tree
tsca
pe
Yes
Dire
ct c
omm
issi
onin
g or
finan
cial
con
trib
utio
n*
**
YY
YD
3 P
ublic
Art
No
Pro
visi
on in
kin
d or
fina
ncia
lco
ntrib
utio
nD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
YY
YD
4 C
omm
unity
Saf
ety
Yes
Fin
anci
al c
ontr
ibut
ion
Dep
ende
nton
nee
dD
epen
dent
on n
eed
Dep
ende
nton
nee
dD
epen
dent
on n
eed
Dep
ende
nton
nee
dD
epen
dent
on n
eed
D5
Pub
lic r
ealm
reve
nue
paym
ents
E T
rans
port
No
Fin
anci
al c
ontr
ibut
ion
**
*Y
YY
E1
Pub
lic T
rans
port
No
Res
tric
tion,
pro
visi
on in
kin
dor
fina
ncia
l con
trib
utio
nD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
Dep
ende
nton
impa
ctE
2 H
ighw
ays
& T
raffi
cW
orks
57Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la?
Pri
nci
ple
mea
ns
of
del
iver
yT
hre
sho
ldM
ajo
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hre
sho
ld
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om
mer
cial
Res
iden
tial
Mix
edC
om
mer
cial
Res
iden
tial
No
Res
tric
tion,
pro
visi
on in
kin
dor
fina
ncia
l con
trib
utio
nD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
Dep
ende
nton
impa
ctD
epen
dent
on im
pact
Dep
ende
nton
impa
ctE
3 P
arki
ng R
estr
ictio
ns
No
Dire
ct p
rovi
sion
and
finan
cial
mon
itorin
g ch
arge
.Y
YY
E4
Trav
el P
lans
Car
Clu
bs
F N
atur
al r
esou
rce
man
agem
ent
No
On
site
pro
visi
on*
**
YY
YF
1 E
nerg
y E
ffici
ency
No
On
site
pro
visi
on*
**
YY
YF
2 R
enew
able
Ene
rgy
No
Pro
visi
on o
f miti
gatio
nm
easu
re w
orks
in k
ind,
or
finan
cial
con
trib
utio
n
Dep
ende
nton
nee
dD
epen
dent
on n
eed
Dep
ende
nton
nee
dD
epen
dent
on n
eed
Dep
ende
nton
nee
dD
epen
dent
on n
eed
F3
Flo
od R
isk
Yes
On
site
pro
visi
on in
kin
d or
finan
cial
con
trib
utio
n*
**
YY
YF
4 A
ir Q
ualit
y
G E
mpl
oym
ent &
Tra
inin
g In
itiat
ives
Yes
On
site
trai
ning
and
finan
cial
con
trib
utio
n*
*Y
YY
G1
Loca
l Tra
inin
g in
Con
stru
ctio
n
Yes
Fin
anci
al c
ontr
ibut
ion
*O
n lo
ss o
fem
ploy
men
tflo
orsp
ace
depe
nden
ton
impa
ct
YG
2 G
ener
alE
mpl
oym
ent a
ndTr
aini
ng
Con
trib
utio
ns
No
On
site
pro
visi
on o
r fin
anci
alco
ntrib
utio
nY
YY
YG
3 S
ecur
ing
Em
ploy
men
t Pre
mis
es
Adopted - August 2010 Planning Obligations SPD58
Fo
rmu
la?
Pri
nci
ple
mea
ns
of
del
iver
yT
hre
sho
ldM
ajo
rP
lan
nin
g O
blig
atio
nS
ou
gh
t/ T
hre
sho
ld
Mix
edC
om
mer
cial
Res
iden
tial
Mix
edC
om
mer
cial
Res
iden
tial
No
On
site
pro
visi
on o
r fin
anci
alco
ntrib
utio
n*
YY
G4
Tow
n C
entr
es a
ndA
fford
able
Sho
ps
Tabl
e 55
.1
59Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
56:Step2:Calculations
Ap
pen
dix
2: H
ow
to
cal
cula
te t
he
con
trib
uti
on
Ste
p 2:
C
alcu
latio
ns
56.1
T
he s
ched
ules
bel
ow e
xpla
in th
e co
ntrib
utio
ns r
equi
red,
and
form
the
basi
s of
the
Con
trib
utio
ns C
alcu
lato
r Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
A A
fford
able
hou
sing
See
sec
tion
A o
f SP
D.
See
Sec
tion
A o
f SP
DA
fford
able
Hou
sing
requ
ired
on q
ualif
ying
site
s w
ith o
n-si
te p
rovi
sion
.Lo
ndon
Pla
n
PP
S3
Affo
rdab
leH
ousi
ng
Exc
eptio
nally
a fi
nanc
ial c
ontr
ibut
ion
-pa
ymen
t in
lieu
– m
ay b
e so
ught
.C
ore
Str
ateg
yP
olic
y C
H2
B E
duca
tion
Dem
and
for s
choo
l pla
ces.
Num
bers
on
roll
info
rmat
ion
and
tren
d da
ta.
Ann
ual
surp
lus
plac
es r
etur
n da
ta fr
om F
amily
and
child
ren
Ser
vice
s.
Chi
ld y
ield
cal
cula
ted
inac
cord
ance
with
bed
room
siz
ean
d te
nure
var
iatio
n to
pre
dict
the
num
ber
of c
hild
ren
by a
ge g
roup
.
Add
ition
al d
evel
opm
ent p
ress
ure
aris
ing
from
new
res
iden
tial d
evel
opm
ents
incr
ease
dem
and
on s
choo
l pla
ces.
Prim
ary
scho
ols
and
nurs
ery:
aro
und
x%of
prim
ary
scho
ol c
hild
ren
are
educ
ated
with
in th
e B
orou
gh’s
prim
ary
scho
ols.
UD
P M
I1.
UD
P P
olic
ies
SC
3, 6
, 9, H
8
Cor
e S
trat
egy
Pol
icy
C1
Sch
ool
Pla
ces
Chi
ld Y
ield
: dat
a fr
om D
MA
G (G
LA 2
005)
(4)
Cap
ital c
ost p
er p
lace
is k
now
nfr
om D
CF
S M
ultip
liers
:
Sch
ool p
lace
cos
t (D
FE
S)(5
)N
urse
ry =
£14
831
4ht
tp://
ww
w.lo
ndon
.gov
.uk/
gla/
publ
icat
ions
/fact
sand
figur
es/d
mag
-brie
fing-
2005
-25.
5ht
tp://
ww
w.te
ache
rnet
.gov
.uk/
man
agem
ent/r
esou
rces
finan
cean
dbui
ldin
g/sc
hool
build
ings
/sch
oold
esig
n/co
stin
form
atio
n/
Adopted - August 2010 Planning Obligations SPD60
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
Sec
onda
ry s
choo
l pro
visi
on.
A lo
wer
prop
ortio
n of
sec
onda
ry s
choo
l age
dch
ildre
n ar
e ed
ucat
ed w
ithin
he
RB
KC
scho
ols,
but
up
to 8
0% o
f thi
s ag
e gr
oup
shou
ld b
e pr
ovid
ed fo
r.
Prim
ary
= £
1483
1
Sec
onda
ry =
£22
348
Num
ber c
hild
ren
x di
scou
nt fa
ctor
x co
st o
f new
sch
ool p
lace
=re
quire
d ed
ucat
ion
cont
ribut
ion.
Chi
ld y
ield
cal
cula
tions
. C
alcu
latio
n of
child
yie
ld fr
om n
ew d
evel
opm
ents
info
rms
the
requ
irem
ents
for
new
sch
ool
plac
es.
C C
omm
unity
Fac
ilitie
s
Dev
elop
men
t pre
ssur
es o
n he
alth
:S
SD
P, R
BK
C E
stat
es S
trat
egy
(RB
KC
PC
T)
(6)
The
HU
DU
Mod
el w
ill c
ompu
teap
prop
riate
figu
res
for
finan
cial
cont
ribut
ions
bas
ed o
n in
divi
dual
plan
ning
app
licat
ions
and
thei
rim
pact
.
Dev
elop
men
t pre
ssur
e on
hea
lthfa
cilit
ies.
New
res
iden
tial d
evel
opm
ents
incr
ease
dem
and
on e
xist
ing
prim
ary
care
heal
th fa
cilit
ies.
PC
T S
ervi
ce d
evel
opm
ent:
Fut
ure
inve
stm
ent i
n fa
cilit
ies
and
serv
ices
supp
orte
d by
Est
ate
Str
ateg
y an
dS
trat
egic
Ser
vice
Dev
elop
men
t Pla
n
UD
P P
olic
y M
I1,
H8
Cor
e S
trat
egy
Pol
icy
C1
C1
Hea
lth
HU
DU
Mod
el: L
ondo
n N
HS
HU
DU
Mod
el a
vaila
ble
atw
ww
.hea
lthyu
rban
deve
lopm
ent.n
hs.u
k/(7
)
Hea
lthy
Urb
an D
evel
opm
ent U
nit (
HU
DU
)M
odel
: the
HU
DU
mod
el r
elat
es im
pact
of n
ew d
evel
opm
ent t
o th
e co
sts
incu
rred
by th
e P
CT
in r
espe
ct o
f cap
ital f
undi
ngim
plic
atio
ns fr
om n
ew d
evel
opm
ents
.
6ht
tp://
ww
w.k
c-pc
t.nhs
.uk
7ht
tp://
ww
w.h
ealth
yurb
ande
velo
pmen
t.nhs
.uk/
page
s/hu
du_m
odel
/hud
u_m
odel
.htm
l
61Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
MLA
Pub
lic L
ibra
ries,
Arc
hive
s an
d N
ewD
evel
opm
ent -
A S
tand
ard
Cha
rge
App
roac
h (8
)
The
MLA
rec
omm
ends
that
loca
lpl
anni
ng a
utho
ritie
s ad
opt a
min
imum
sta
ndar
d ch
arge
of £
90
“Pub
lic L
ibra
ries,
Arc
hive
s an
d N
ewD
evel
opm
ent -
A S
tand
ard
Cha
rge
App
roac
h” p
ublis
hed
by M
LA h
aspr
ovid
es a
sta
ndar
d ch
arge
for
libra
ries
and
arch
ives
ww
w.m
la.g
ov.u
k
UD
P P
olic
y S
C6
Cor
e S
trat
egy
Pol
icy
C1
C2
Libr
arie
s
Ave
rage
per
sons
per
hou
seho
ld (
GLA
Lond
on h
ouse
hold
Sur
vey
2005
) (9
)
per p
erso
n in
new
£22
per
per
son
in n
ew h
ousi
ng fo
r ar
chiv
epr
ovis
ion.
Exi
stin
g pr
ovis
ion
for
resi
dent
ses
tabl
ishe
s a
need
for
addi
tiona
l lib
rary
serv
ices
(Li
brar
y P
lan)
.W
orkf
orce
per
sq
m: E
nglis
hP
artn
ersh
ips
repo
rt, A
rup
Eco
nom
ics
and
plan
ning
200
1.(1
0)
Tota
l = £
112
per
head
of
popu
latio
n.
Indi
vidu
al d
wel
ling
cont
ribut
ions
New
dev
elop
men
t. It
is ju
stifi
ed to
exp
ect
new
dev
elop
men
t gen
erat
ing
addi
tiona
lpo
pula
tion
to c
ontr
ibut
e to
war
ds th
ead
ditio
nal n
eed
crea
ted.
RB
KC
non
-res
iden
t wor
kfor
ce: 2
001
Cen
sus
data
Bed
room
siz
e (=
ave
no.
per
sons
per
hous
ehol
d) x
New
res
iden
tch
arge
Wor
kfor
ce p
opul
atio
n gr
owth
: New
wor
kfor
ce p
opul
atio
n w
ill a
lso
crea
tead
ditio
nal d
eman
d on
libr
ary
faci
litie
s. A
£112
x p
erso
ns
1 be
d (1
.4 p
erso
ns)
= £
156.
8w
orkf
orce
con
trib
utio
n w
ill b
e re
quire
d in
line
with
cur
rent
non
-RB
KC
res
iden
t use
(20%
)2
bed
(2 p
erso
ns)
= £
224
3 be
d (2
.8 p
erso
ns)
= 3
13.6
4 be
d (3
.5 p
erso
ns)
= 3
92
New
wor
kfor
ce p
opul
atio
n gr
owth
char
ge =
No
empl
oyee
s x
0.2
8ht
tp://
ww
w.m
la.g
ov.u
k/w
hat/p
ublic
atio
ns/~
/med
ia/F
iles/
pdf/2
008/
stan
dard
_cha
rge2
008.
ashx
9ht
tp://
ww
w.lo
ndon
.gov
.uk/
gla/
publ
icat
ions
/fact
sand
figur
es/d
mag
-brie
fing-
2005
-14.
10w
ww
.en
glis
hp
artn
ersh
ips.
co.u
k/do
cdow
nloa
d.as
px?d
oc=
Em
plo
ymen
t%20
Den
sitie
s(fu
ll%20
gu
ide)
&pi
d
Adopted - August 2010 Planning Obligations SPD62
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
X £112
= £
22.4
0 pe
r em
ploy
ee
RB
KC
pop
ulat
ion
Cen
sus
data
Sw
imm
ing
pool
s:S
port
s E
ngla
nd C
alcu
latio
n of
req
uire
dpr
ovis
ion
with
in th
e R
oyal
bor
ough
, in
term
s of
pop
ulat
ion:
UD
P p
olic
yLR
3, M
I1
Cor
e S
trat
egy
Pol
icy
C1
C3
Spo
rt &
Leis
ure
Spo
rt &
Lei
sure
Pro
visi
on –
Spo
rtE
ngla
nd (1
1)
RB
KC
Lei
sure
swim
min
g po
ol 1
12 s
q m
per
requ
ired
x 10
,000
new
pop
ulat
ion
cost
per
sq
m o
f new
sw
imm
ing
pool
= £
23,4
54 p
er s
q m
Exi
stin
g pr
ovis
ion
Und
er p
rovi
sion
with
in e
xist
ing
faci
litie
s:C
osts
: Spo
rt E
ngla
nd C
alcu
lato
rco
ntrib
utio
n pe
r 10
,000
=£2
,626
,848
or £
263
per n
ew h
ead
of p
opul
atio
n.
New
dev
elop
men
t: it
is ju
stifi
able
toex
pect
new
dev
elop
men
t gen
erat
ing
addi
tiona
l pop
ulat
ion
to c
ontr
ibut
eto
war
ds it
s ow
n ne
w p
opul
atio
n ne
ed, a
sth
ere
is c
urre
ntly
und
er p
rovi
sion
.
Ave
rage
per
sons
per
hou
seho
ld: G
LA
Wor
kfor
ce p
er S
q M
: Aru
pB
adm
into
n C
ourt
s/ S
port
s ha
lls:
Bad
min
ton
cour
ts/s
port
s ha
llsp
ace
3.2
cour
ts/ 4
76 s
q m
per
10,0
00 n
ew p
opul
atio
n
Wor
kfor
ce p
opul
atio
n G
row
th: n
eww
orkf
orce
pop
ulat
ion
will
als
o cr
eate
addi
tiona
l dem
and
on s
port
and
leis
ure
faci
litie
s. A
wor
kfor
ce c
ontr
ibut
ion
isre
quire
d in
line
with
use
of n
on R
BK
Cre
side
nts.
Cos
t per
sq
m o
f spo
rts
hall
=£1
,700
Con
trib
utio
n pe
r 10
,000
new
popu
latio
n =
£80
9,20
0, o
r £81
per
head
of n
ew p
opul
atio
n.
equi
vale
nts
requ
ired
per
10,0
00 o
f new
popu
latio
n –
Spo
rt E
ngla
nd m
odel
:
swim
min
g po
ols
112
sqm
Gym
Sta
tions
:
11ht
tp://
ww
w.s
port
engl
and.
org/
kitb
ag_f
ront
_pag
e.ht
m
63Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
badm
into
n co
urts
/spo
rts
hall
spac
e: 3
.2
cour
ts/ 4
76 s
q m
.G
ym s
tatio
ns r
equi
rem
ent 3
8 pe
r10
,000
pop
ulat
ion
gym
sta
tions
: 39
Cos
t per
gym
sta
tion
= £
5,00
0
Con
trib
utio
n pe
r 10
,000
new
popu
latio
n =
£19
,000
or
£19
per
new
hea
d of
pop
ulat
ion.
Req
uire
d sp
ort c
ontr
ibut
ion
per
head
of c
ontr
ibut
ion:
£36
3
Cal
cula
tion
per
resi
dent
ial u
nit:
Indi
vidu
al d
wel
ling
size
cont
ribut
ion
base
d on
ave
rage
pers
ons
per
hous
ehol
d x
new
resi
dent
cha
rge:
1bed
(1.
4 pe
rson
s) =
£50
8
2 be
d (2
per
sons
) =
£72
6
3 be
d (2
.8 p
erso
ns)
= £
1,01
7
4 be
d (3
.5 p
erso
ns)
= £
1,27
1
New
wor
kfor
ce p
opul
atio
n gr
owth
:F
inan
cial
con
trib
utio
ns:
no. o
f new
em
ploy
ees
from
deve
lopm
ent b
ased
on
aver
age
empl
oym
ent d
ensi
ty
Adopted - August 2010 Planning Obligations SPD64
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
mul
tiply
20%
like
ly u
se
mul
tiply
£36
3 re
quire
d sp
ort a
ndle
isur
e co
ntrib
utio
n pe
r ne
w u
ser
= £
72.6
0 pe
r em
ploy
ee.
Not
app
licab
le.
Non
sta
ndar
d fo
rmul
aLo
cal n
eeds
ass
essm
ent:
UD
P p
olic
y S
C6
C4
Com
mun
ityFa
cilit
ies
Iden
tific
atio
n of
requ
irem
ents
in re
spon
seto
dev
elop
men
t pro
posa
ls b
ased
on
the
impa
ct o
f the
dev
elop
men
t.
Cor
e S
trat
egy
Pol
icy
C1
Not
app
licab
leN
on s
tand
ard
form
ula
Loca
l nee
ds a
sses
smen
t:U
DP
pol
icy
MI1
C5
Pol
icin
gre
sour
ces
and
emer
genc
yse
rvic
es
Iden
tific
atio
n of
requ
irem
ents
in re
spon
seto
dev
elop
men
t pro
posa
ls b
ased
on
the
impa
ct o
f the
dev
elop
men
t.
Cor
e S
trat
egy
Pol
icy
C1
D P
ublic
Rea
lm
RB
KC
Par
ks a
nd O
pen
Spa
ce S
trat
egy
2008
inve
stm
ent i
n P
arks
and
ope
nS
pace
s ov
er 1
0 ye
ars
RB
KC
Ope
n S
pace
Def
icie
ncie
s:
New
Ope
n S
pace
inve
stm
ent i
nto
exis
ting
park
s:
UD
P P
olic
ies
MI1
, LR
40, L
R14
, LR
15,
H7
D1
Pub
licR
ealm
-P
arks
and
Ope
ndi
vide
d by
incr
ease
d po
pula
tion
from
pro
ject
ed d
evel
opm
ent o
ver
10 y
ears
(av
erag
e R
BK
CE
nhan
ced
cont
ribut
ions
in d
efic
ient
are
as.
Cor
e S
trat
egy
Pol
icy
C1
Spa
ces
-ge
nera
lpo
pula
tion
from
pro
ject
edco
mpl
etio
ns).
Thi
s pr
oduc
esst
anda
rd c
harg
e of
£48
2
Indi
vidu
al d
wel
ling
cont
ribut
ion:
65Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
1 be
d (1
.4 p
erso
ns)
£675
2 be
d (2
per
son)
£96
4
3 be
d (2
.8 p
erso
ns)
£135
0
4 be
d (3
.5 p
erso
ns)
£168
7
“Pro
vidi
ng fo
r You
ng p
eopl
e’s
Pla
y an
din
form
al r
ecre
atio
n” –
GLA
200
8.(1
2)O
ff si
te p
rovi
sion
of C
&Y
P P
lay:
Chi
ld Y
ield
cal
cula
ted
New
resi
dent
ial d
evel
opm
ents
mor
e th
an40
0M fr
om a
n ex
istin
g C
hild
ren’
s an
dyo
ung
Per
sons
Pla
y sp
ace
will
be
UD
P P
olic
y M
I1,
LR14
, LR
15,
LR40
D1
Ope
nS
pace
:C
hild
ren’
san
d yo
ung
pers
ons
play
Cos
t per
sq
m a
ssum
ptio
ns p
rovi
ded
byE
xten
ded
Ser
vice
s.N
o of
chi
ldre
n ge
nera
ted
X 1
0 sq
m o
f pla
y =
pla
y sp
ace
requ
irem
ent
requ
ired
to p
rovi
de a
pla
y fa
cilit
y on
site
,or
mak
e a
finan
cial
con
trib
utio
n to
war
dsne
w p
rovi
sion
.Lo
ndon
Pla
nS
PG
Cor
e S
trat
egy
Pol
icy
C1
Ave
rage
cos
t per
sq
m (
£95)
xpl
ay s
pace
requ
irem
ent =
fina
ncia
lco
ntrib
utio
n.
Cal
cula
tion
of c
hild
yie
ld fr
om n
ewde
velo
pmen
ts w
ill b
e as
for
educ
atio
n(s
ee s
ectio
n B
).
Dev
elop
men
ts g
ener
atin
g m
ore
than
10
child
ren
will
be
expe
cted
to p
rovi
de o
nsi
te a
s pa
rt o
f dev
elop
men
t, or
an
off-
sire
finan
cial
con
trib
utio
n.
Dev
elop
men
ts w
ith e
stim
ated
chi
ld y
ield
occu
panc
y of
less
than
ten
child
ren
will
be re
quire
d to
mak
e a
cont
ribut
ion
with
inth
e vi
cini
ty o
f the
dev
elop
men
t.
12ht
tp://
ww
w.s
port
engl
and.
org/
kitb
ag_f
ront
_pag
e.ht
m
http
://w
ww
.lond
on.g
ov.u
k/m
ayor
/str
ateg
ies/
sds/
spg-
child
ren-
recr
eatio
n.js
p
Adopted - August 2010 Planning Obligations SPD66
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
The
pro
visi
on o
f 10
sq m
per
chi
ld w
ill b
eso
ught
.
Not
app
licab
le.
Non
-sta
ndar
d fo
rmul
a ap
proa
ch.
Det
erm
ined
in re
latio
n to
indi
vidu
alpr
ojec
ts.
Pub
lic R
ealm
Impr
ovem
ents
:
Poo
ling
UD
P p
olic
y M
I1,
CD
92
Cor
e S
trat
egy
Pol
icy
C1
D2
Pub
licR
ealm
–S
tree
tsca
pe
Per
cent
for
Art
: Art
s C
ounc
il 19
90 (1
3)M
ajor
com
mer
cial
sch
emes
are
expe
cted
to p
rovi
de a
rt a
nd a
rtis
tde
sign
ed e
lem
ents
of t
he s
chem
eto
a 1
% o
f con
stru
ctio
n va
lue
ofth
e pr
ojec
ts.
use
of A
rt: t
he u
se o
f art
to m
ake
and
shap
e pl
aces
and
thei
r us
es is
link
ed to
new
dev
elop
men
t. M
ajor
dev
elop
men
tis
exp
ecte
d to
pro
vide
pub
lic a
rt a
ndde
sign
ed e
lem
ents
as
part
of n
ew
UD
P P
olic
yLR
36
Cor
e S
trat
egy
Pol
icy
C1
D3
Pub
lic A
rt
deve
lopm
ent,
with
a p
ropo
rtio
n of
this
free
stan
ding
or
inde
pend
ently
com
mis
sion
ed.
A p
ropo
rtio
n of
that
are
isex
pect
ed to
be
free
sta
ndin
g fr
omde
velo
pmen
t or
inde
pend
ently
com
mis
sion
ed.
Com
mis
sion
ing
proc
ess:
Fun
ding
may
be th
roug
h a
sum
set
asi
de b
y de
velo
per
or b
y pa
ymen
t to
the
roya
l bor
ough
.
Not
app
licab
le.
Non
-sta
ndar
d fo
rmul
a ap
proa
ch.
Det
erm
ined
in re
latio
n to
indi
vidu
alpr
ojec
ts.
Iden
tific
atio
n of
com
mun
ity s
afet
ym
easu
res:
iden
tific
atio
n of
on
and
off-
site
mea
sure
s th
at a
rise
out o
f the
UD
P P
olic
y M
I1,
CD
39
Cor
e S
trat
egy
Pol
icy
C1
D4
Com
mun
ityS
afet
yde
velo
pmen
t, du
e to
loca
tion
ort o
ther
fact
ors
that
can
not b
e ad
dres
sed
thro
ugh
desi
gn.
13w
ww
.art
scou
ncil.
org.
uk
67Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
pote
ntia
l mea
sure
s so
ught
:
stre
et li
ghtin
g
CC
TV
cam
eras
E T
rans
port
Not
app
licab
le.
Non
-sta
ndar
d fo
rmul
a ap
proa
ch.
Det
erm
ined
in re
latio
n to
indi
vidu
alpr
ojec
ts.
Ass
essm
ent b
ased
on
impa
ct o
n pu
blic
tran
spor
t net
wor
k in
fras
truc
ture
and
acce
ss to
it.
Ass
esse
d by
TA
whe
reap
plic
able
.
UD
P P
olic
yT
R35
, TR
36,
MI1
Cor
e S
trat
egy
Pol
icy
C1
E1
Pub
licTr
ansp
ort
Con
trib
utio
ns m
ay b
e po
oled
tow
ards
larg
er p
roje
cts
to ta
ke a
ccou
nt o
fcu
mul
ativ
e im
pact
s.
Not
app
licab
le.
Non
-sta
ndar
d fo
rmul
a ap
proa
ch.
Det
erm
ined
in re
latio
n to
indi
vidu
alpr
ojec
ts.
Hig
hway
and
tran
spor
t im
pact
: A
ran
geof
mea
sure
s m
ay b
e re
quire
d as
a r
esul
tof
impa
ct o
f ind
ivid
ual d
evel
opm
ent
UD
P P
olic
yT
R35
, TR
36,
MI1
E2
Hig
hway
s&
Tra
ffic
Wor
kssc
hem
es.
Miti
gatio
n m
easu
res
will
be
soug
ht a
s ap
plic
able
taki
ng a
dvic
e fr
omR
BK
C T
rans
port
Sec
tion.
Cor
e S
trat
egy
Pol
icy
C1
Not
app
licab
le.
Non
-sta
ndar
d fo
rmul
a ap
proa
ch.
Det
erm
ined
in re
latio
n to
indi
vidu
alpr
ojec
ts.
Incr
ease
d pa
rkin
g de
man
d:T
hein
crea
sed
park
ing
dem
and
from
deve
lopm
ent w
ill n
eed
to b
e ad
dres
sed
thro
ugh
a ra
nge
of m
easu
res.
UD
P P
olic
yT
R35
, TR
36,
MI1
Cor
e S
trat
egy
Pol
icy
C1
E3
Par
king
Res
tric
tions
Adopted - August 2010 Planning Obligations SPD68
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
Not
app
licab
le.
Non
-sta
ndar
d fo
rmul
a ap
proa
ch.
Det
erm
ined
in re
latio
n to
indi
vidu
alpr
ojec
ts
Red
ucin
g C
ar U
se: C
ar C
lubs
and
trav
elpl
ans
can
be a
n ef
fect
ive
mea
ns to
redu
ce o
vera
ll us
age
and
park
ing
dem
and.
Trav
el p
lans
will
be
requ
ired
from
maj
or d
evel
opm
ents
.
UD
P P
olic
yT
R35
, TR
36,
MI1
Cor
e S
trat
egy
Pol
icy
C1
E4
Trav
elP
lans
Car
Clu
bs
Mon
itorin
g co
sts
of T
rave
l pla
nsm
ay b
e so
ught
.
F N
atur
al r
esou
rce
man
agem
ent
Not
app
licab
leN
on-s
tand
ard
form
ula
appr
oach
.D
eter
min
ed in
rela
tion
to in
divi
dual
proj
ects
.
On
site
ene
rgy
effic
ienc
y m
easu
res
mee
ting
com
plia
nce
with
sta
ndar
ds, f
orex
ampl
e:
UD
P P
olic
y M
I1
Lond
on P
lan
4A.7
F1
Ene
rgy
Effi
cien
cy
Cod
e fo
r su
stai
nabl
e ho
mes
rat
ings
Cor
e S
trat
egy
Pol
icy
C1
BR
EA
AM
Sta
ndar
ds
Not
app
licab
leN
on-s
tand
ard
form
ula
appr
oach
.D
eter
min
ed in
rela
tion
to in
divi
dual
proj
ects
.
On
site
pro
visi
on o
f ren
ewab
le e
nerg
yw
here
pra
ctic
al, v
ia a
rang
e of
mea
sure
sin
clud
ing:
UD
P P
olic
y M
I1
Lond
on P
lan
4A.7
F2
Ren
ewab
leE
nerg
y
sola
r w
ater
hea
ting
Cor
e S
trat
egy
Pol
icy
C1
grou
nd s
ourc
e he
atin
g;
PV
cel
ls;
Win
d tu
rbin
es;
Bio
mas
s he
atin
g
69Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
Not
app
licab
leN
on-s
tand
ard
form
ula
appr
oach
.D
eter
min
ed in
rela
tion
to in
divi
dual
proj
ects
On
or o
ff-si
te m
easu
res
to e
nsur
e flo
odm
itiga
tion.
UD
P P
olic
y M
I1
PP
S25
F3
Flo
od R
isk
Cor
e S
trat
egy
Pol
icy
C1
Air
Qua
lty A
ctio
n P
lan
£50
per
dwel
ling
for
resi
dent
ial
deve
lopm
ent,
£22
per
bed
spac
efo
r re
side
ntia
l edu
catio
n
Air
Qua
lty A
ctio
n P
lan
Air
Qua
lity
SP
D
UD
P P
olic
yP
U1,
PU
2, M
I1
Air
Qua
lity
SP
D
F4
Air
Qua
lity
Air
Qua
lity
SP
Din
stitu
tions
, pris
ons
and
othe
rT
he C
ounc
il's
cost
of m
onito
ring
com
plia
nce
with
any
pla
nnin
g ob
ligat
ion
agre
emen
t and
rel
ated
con
ditio
ns w
hich
have
dire
ct e
ffect
on
air
qual
ity;
Cor
e S
trat
egy
Pol
icy
C1
secu
re re
side
ntia
l fac
ilitie
s an
d £5
per
m2
for
non-
res
iden
tial a
ndbu
sine
ss d
evel
opm
ents
.
Con
trib
utio
ns to
war
ds th
e C
ounc
il's
air
qual
ity m
onito
ring
and
actio
n pl
anni
ng
G E
mpl
oym
ent &
Tra
inin
g In
itiat
ives
Bui
ldin
g P
artn
ersh
ips
finan
cial
mod
el –
this
is 0
.3 %
of c
ontr
act v
alue
s.O
ne c
onst
ruct
ion
nom
inee
trai
nee
plac
emen
t per
10
cons
truc
tion
wor
kers
em
ploy
ed o
n sc
hem
edu
ring
build
.
Acc
ess
for
Loca
l peo
ple
into
Con
stru
ctio
n: th
e R
oyal
Bor
ough
see
ksto
pro
mot
e ac
cess
into
trai
ning
inco
nstr
uctio
n in
dust
ry to
add
ress
ski
lled
labo
ur s
hort
ages
and
pro
vide
empl
oym
ent l
ocal
ly.
UD
P P
olic
y M
I1
Lond
on P
lan
Pol
icy
3B.1
2
Cor
e S
trat
egy
Pol
icy
C1
G1
Loca
lTr
aini
ng in
Con
stru
ctio
n
Con
stru
ctio
n tr
aine
e ch
arge
of
£2,5
00 p
er £
1M o
f Cap
ital
cons
truc
tion
cost
s;Tr
aine
e pl
acem
ent:
To o
ffer
a m
inim
umav
erag
e on
e w
ork
base
d tr
aini
ngop
port
unity
to n
omin
ated
can
dida
tes
Adopted - August 2010 Planning Obligations SPD70
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
Larg
er s
chem
es m
ay b
e su
bjec
tto
neg
otia
tion
of a
dditi
onal
mea
sure
s.
seek
ing
reco
gnis
ed L
evel
2 N
VQ
qual
ifica
tions
, for
eve
ry 1
0 co
nstr
uctio
nw
orke
rs o
ver
the
life
of th
e co
nstr
uctio
nco
ntra
ct.
Fin
anci
al tr
aine
e co
ntrib
utio
n: F
rode
velo
pmen
t abo
ve th
e th
resh
old
the
Cou
ncil
will
see
k a
finan
cial
con
trib
utio
nto
the
recr
uitm
ent,
trai
ning
and
ong
oing
skill
dev
elop
men
t of c
onst
ruct
ion
trai
nees
Con
stru
ctio
n tr
aini
ng N
omin
atio
nA
genc
y.T
he R
oyal
bor
ough
will
use
NH
HT
or
othe
r si
mila
r de
sign
ated
agen
cies
to p
lace
and
sup
port
trai
nees
.
Eng
lish
part
ners
hip
com
mer
cial
floor
spac
e st
atis
tics
(Aru
p P
lann
ing
and
Eco
nom
ics
2001
)
Fin
anci
al c
ontr
ibut
ions
to e
nabl
elo
cal p
eopl
e to
acc
ess
empl
oym
ent i
n ne
w s
chem
es:
Une
mpl
oym
ent l
evel
s, lo
w in
com
es a
ndne
ed fo
r add
ition
al s
kills
due
to p
robl
ems
whe
re lo
cal l
abou
r ca
nnot
acc
ess
job
UD
P P
olic
y M
I1
Lond
on P
lan
Pol
icy
3B.1
2
G2
Gen
eral
Em
ploy
men
tan
d Tr
aini
ngop
port
uniti
es a
s a
resu
lt of
lack
of
appr
opria
te/tr
ansf
erab
le s
kills
or
qual
ifica
tions
in th
e lo
cal l
abou
r m
arke
t.C
ore
Str
ateg
yP
olic
y C
1
Con
trib
utio
ns28
% o
f res
iden
t wor
kfor
ce e
mpl
oyed
–is
bas
ed o
n nu
mbe
r of
RB
KC
jobs
occu
pied
by
RB
KC
res
iden
ts (
2001
cens
us)
net n
ew fl
oor
area
/ num
ber
empl
oyee
s pe
r sq
m
xE
mpl
oym
ent a
nd tr
aini
ng c
ontr
ibut
ions
tow
ards
Fun
d.20
% o
f RB
KC
res
iden
ts w
ith n
oqu
alifi
catio
ns a
nd r
equi
ring
trai
ning
and
supp
ort t
o en
ter
labo
ur m
arke
t: R
BK
Ctr
aini
ng p
lan
28%
of R
BK
C re
side
nts
expe
cted
to b
e em
ploy
ed a
s pa
rt o
f tot
alw
orkf
orce
X
Con
trib
utio
ns s
ough
t tow
ards
eco
nom
icde
velo
pmen
t fun
d:
71Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
In n
ew d
evel
opm
ent t
hat i
ncre
ases
empl
oym
ent l
evel
s an
d w
here
ther
e is
ane
ed to
enc
oura
ge a
cces
s to
thes
eop
port
uniti
es fr
om th
e le
ast s
kille
d;
Ave
rage
cos
ts: u
pdat
e to
mid
-ter
mev
alua
tion
of O
bjec
tive
3 O
pera
tiona
lpr
ogra
mm
e fo
r E
ngla
nd:
ww
w.e
sf.g
ov.u
k/
20%
of R
BK
C r
esid
ents
with
no
qual
ifica
tion
requ
iring
trai
ning
and
supp
ort
Xin
sch
emes
that
res
ult i
n a
loss
of
empl
oym
ent f
loor
spac
e, w
here
ther
e is
a ne
ed to
com
pens
ate
for
loss
of
empl
oym
ent o
ppor
tuni
ty.
£3,5
00 a
vera
ge c
ost f
orun
empl
oyed
res
iden
t in
term
s of
supp
ort a
nd s
kill
trai
ning
toob
tain
ed s
kille
d jo
b.
Com
pens
atio
n fo
r lo
ss o
fem
ploy
men
t flo
orsp
ace
net l
oss
of e
mpl
oym
ent f
loor
spac
e/ a
vera
ge p
er w
orke
r
X 28%
of R
BK
C r
esid
ents
inbo
roug
h w
orkf
orce
X £250
0 av
erag
e co
st o
f ret
rain
ing
and
supp
ort r
equi
red
for
redu
ndan
t wor
ker
to a
cces
s ne
woc
cupa
tiona
l ski
lls
Adopted - August 2010 Planning Obligations SPD72
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
Not
app
licab
leN
on-s
tand
ard
form
ula
appr
oach
.D
eter
min
ed in
rela
tion
to in
divi
dual
proj
ects
Sm
all &
Med
ium
Ent
erpr
ise
(SM
E) i
n th
elo
cal e
cono
my/
dem
and
for p
rem
ises
. In
Lond
on S
ME
s ac
coun
t for
47%
of a
llem
ploy
men
t.
UD
P P
olic
y M
I1
Lond
on P
lan
Pol
icy
3B.1
2
G3
Sec
urin
gE
mpl
oym
ent
Pre
mis
es
Cor
e S
trat
egy
Pol
icy
C1
Sec
urin
g E
mpl
oym
ent p
rem
ises
. R
BK
CR
egen
erat
ion
aim
to s
ecur
e em
ploy
men
tsp
ace
to s
uppo
rt S
ME
s an
d bu
sine
ssst
art u
ps.
Not
app
licab
leN
on-s
tand
ard
form
ula
appr
oach
.D
eter
min
ed in
rela
tion
to in
divi
dual
proj
ects
UD
P P
olic
y M
I1
Lond
on P
lan
Pol
icy
3B.1
2
G4
Tow
nC
entr
es a
ndR
egen
erat
ion
Cor
e S
trat
egy
Pol
icy
C1
73Planning Obligations SPD Adopted - August 2010
Planning Obligations SPD
Fo
rmu
la s
ou
rce
Sta
nd
ard
ch
arg
e fo
rmu
laJu
stif
icat
ion
an
d a
pp
roac
hP
olic
y b
asis
Pla
nn
ing
Obl
igat
ion
or
Co
ntr
ibu
tio
nTy
pe
So
ug
ht
Bas
ed o
n co
sts
in m
onito
ring
indi
vidu
alag
reem
ents
and
ope
ratin
g s1
06 s
yste
m.
For
a le
gal a
gree
men
t with
a to
tal
finan
cial
con
trib
utio
n be
low
£15,
000
ther
e w
ill b
e a
fixed
char
ge o
f £50
0
Mee
ting
the
cost
s to
the
Cou
ncil:
the
cost
of m
onito
ring
plan
ning
con
trib
utio
ns w
illbe
fina
nced
thro
ugh
mon
itorin
g fe
esap
plie
d to
indi
vidu
al s
106
agre
emen
ts.
Pol
icy
MI1
Circ
ular
05/2
005
Mon
itorin
gan
dpr
ogra
mm
eco
sts:
The
fee
will
dep
end
on th
e ex
tent
of t
heC
ore
Str
ateg
yP
olic
y C
1F
or le
gal a
gree
men
ts w
ithfin
anci
al c
ontr
ibut
ions
ove
r£1
5,00
0 th
ere
will
be
a fe
e of
2.5%
on
the
tota
l val
ue o
fco
ntrib
utio
ns.
oblig
atio
ns a
nd th
e of
ficer
tim
e in
volv
edin
con
clud
ing
and
mon
itorin
g of
impl
emen
tatio
n of
obl
igat
ions
.
Sta
ndar
d fe
e ap
proa
ch: S
ee o
ppos
ite. I
fex
cept
iona
lly c
ompl
icat
ed to
mon
itor,
aco
ntrib
utio
n ab
ove
the
stan
dard
fee
may
be s
ough
t.F
or a
n ag
reem
ent w
ithno
n-fin
anci
al o
blig
atio
ns th
ere
will
be a
sep
arat
e fix
ed fe
e of
£50
0.P
aym
ent o
f fee
s:T
he fe
e w
ill b
e pa
yabl
eon
com
plet
ion
of th
e s1
06 le
gal
agre
emen
t.
Tabl
e 56
.1
Adopted - August 2010 Planning Obligations SPD74