Borough of Local Development Framework

Draft Planning Obligations Supplementary Planning Document (SPD)

PRE-PRODUCTION CONSULTATION STATEMENT (Regulation 17 (1) (b) )

FEBRUARY 2010

THE LONDON BOROUGH OF BROMLEY LOCAL DEVELOPMENT FRAMEWORK (LDF)

PLANING OBLIGATIONS SUPPLEMENTARY PLANNING DOCUMENT (SPD)

PRE-PRODUCTION CONSULTATION STATEMENT (The Town and Country Planning (Local Development) () Regulations 2004, (Regulation 17)) as amended by Regulations 2009.

INTRODUCTION:

Under the Planning and Compulsory Purchase Act 2004 it is a requirement to prepare and make available a Consultation Statement setting out: • the names of any persons whom the authority consulted in connection with the preparation of the SPD; • how those persons were consulted; • a summary of the main issues raised in those consultations; and • how those issues have been addressed in the SPD. This statement is a record of the consultation undertaken during the pre-production stage of the SPD prior to formal public consultation.

The Council’s Planning Obligation policy (IMP1) is a saved policy within the Adopted Unitary Development Plan (July 2006). The draft SPD on Planning Obligations clarifies topic areas in policy IMP1 for which planning obligations may be sought and any methodology for calculating the amount of these obligations, and to explain associated procedures.

Following consultation comments received will be considered and reported to Development Control Committee and will form the basis for any amendments made to the document. The document will then be reported to the Council’s Executive Committee prior to Adoption. The document will form part of the Councils “Local Development Framework” and will be a material planning consideration in the determination of planning applications

CONSULTATION DETAILS:

Before work began on drafting the SPD, 50 developers and agents (Appendix A) were contacted by letter which explained the intention to prepare an SPD, with the main objective being to provide clarity and certainty regarding the use of planning obligations and the process of completing and monitoring a s106 agreement. Initially ten topic areas were included. This engagement took place over a two month period from November 2006 to January 2007 and gave developers and agents the opportunity to tell us the type of information, or any other topic areas they may need in the SPD. This was an informal exercise which was welcomed by those contacted but did not produce anything further than the already agreed objective for the SPD.

Regular meetings were then held with officers from Policy, Development Control and from each of the service areas covered by Policy IMP1; additionally, on a monthly basis there were meetings with officers from the Finance and Legal departments.

A draft SPD was submitted to the Council’s Development Control Committee on the 9th October 2007 and the document was approved for public consultation. In November 2007 the Government announced the intention to create a Community Infrastructure Levy (CIL), and a decision was made to put the SPD on hold until such time as CIL regulation was clarified and the implications for the s106 system explained.

The CIL consultation which clarified the forthcoming regulations started in July 2009. This then enabled a full review of the draft SPD, taking into account also the amendments to the Town and Country Planning Regulations which had come into force in April 2009 which necessitated a formal screening opinion request under the European Directive 2001/42/EC (the SEA Directive). This formal request was sent to Natural England (London Region); English Heritage, and the Environment Agency. The objectives and elements of the draft SPD were considered against the criteria in Annex 2 of the Directive.

Over the period July-Oct 2009 all internal departments were again re-consulted. The draft SPD was updated, revised and presented to Development Control Committee on 12th January 2010 where it was approved by Members for formal consultation.

ISSUES RAISED:

That an SPD on Planning Obligations was needed as a one stop easy guide for developers and as an internal guide to planning obligations sought by the Council. The SPD needed to include a simple table of all the potential topic areas that may attract a planning obligation and that simple maps showing areas of deficiencies may act as a guide for need on a case by case basis. Internal Finance officers felt that procedures needed to be clarified for all associated service areas in particular with regard to the monitoring process, and that this would in turn make the system clearer and transparent for developers. That initially a Notification form would aid the accurate monitoring of obligations, and later in 2009 it became apparent that 2 new clauses were required in the s106 precedent to cover the Notification form and to aid the monitoring procedure especially on more complex and phased developments. That the Affordable Housing Definitions and Interpretations should be included for developers with the s106 precedent – as this did not form part of the Affordable Housing SPD. Natural England advised on information that may be of use when considering applications with regard to securing measures to enhance the natural environment. English Heritage advised that guidance on the historic environment is included in particular, on the repair, restoration or maintenance of heritage asset(s). The Environment Agency considered the SPD should seek developer contributions to address a number of environmental impacts, either for compensatory purposes, or to mitigate for the impact of development.

CONSIDERATION OF MAIN ISSUES:

A table and summary of each topic area was included, with maps that showed areas of particular deficiency. The issue of monitoring and clarity of internal procedures was addressed in the SPD by the inclusion of the template of the s106 precedent; the creation of 2 new clauses to cover the Notification form and monitoring fees; and a flow chart has been included that shows the associated procedures across all departments from pre- application stage to post obligation stage. Enhancements to the natural environment are addressed in the sections on Natural Open Space, and Outdoor Recreation and Leisure. Reference to the obligations to repair, restoration or maintenance of heritage asset(s) is found in the section on Public Realm. Mitigation of environmental impacts is addressed in Section 3 para 3.46, but where these obligations are required they will need to be negotiated on a case by case basis.

FORMAL CONSULTATION OF THE SPD.

The formal consultation will involve the following: Sending a letter with notification of the consultation process to specific consultation bodies, key stakeholders, and associations; Sending a letter with notification of the consultation process to: - consultees on the Council’s LDF Consultee Database who specifically expressed an interest in receiving details of the draft SPD or being consulted on the draft SPD; - other consultees the Council considers to have an interest in the SPD Posting details on the Council’s website; Printing a Notice under Regulation 17 in the News Shopper Newspaper.

Consultation on the draft SPD will be carried out for six weeks from 17th February – 31st March 2010.The SPD Matters set out all the relevant details relating to the consultation process.

Appendix A List of Consultees - Developers and Agents contacted by letter in 06/07

Acorn, Land & Strategic Property Division AMEC Developments Ltd Andrew Johnson Associates Appledore Developments Barton Wilmore Planning Partnership Bellway Thames Gateway South Berkeley College Homes Ltd Berkeley Homes (South East London) Berwood Homes Burnett Planning & Development Ltd CATHEDRAL Group City Parochial Foundation Colliers CRE Conrad Ritblat Erdman Crest Strategic D&M Planning Dev Plans UK Development Planning Partnership Fairview New Homes Ltd FPD Savills Gough Planning Services Graham Simkin Planing Halbren Homes Hamptons Hepher Dixon I.K.Wyatt Building Design Ltd KSP Building Design Consultants Laing Homes South East Thames Landscape Design Associates Leander Group Lennon Planning Linden Homes South East Martin Grant Homes Ltd Marwalk Developments McCarthy & Stone Plc Metrpolis Planning & Design LLP Pelling Ltd Pillar Property Ltd Planning & Development Consultants Planning Potential Ratcliffes RD Planning & Land Consultants Redrow Homes Robinson Escott Planning Sainsbury’s Supermarkets Ltd St James Homesa Taylor Woodrow Developments Temple Homes Denis Wilson Partnership WS Planning WSP Developments Appendix B : List of Consultees- February 2010 by post and email.

Abbeyfield Society Ltd. Acorn, Land & Strategic Property Division Affinity Sutton Group Age Concern (London Borough of Bromley) Aldersmead Road Residents' Association Alexandra Residents' Association Alliance Planning AMEC Developments Ltd Andace Park Residents' Association Andrew Martin Associates Ltd Association Annington Developments Ltd Green Belt Action Group Appledore Developments Ltd Architects Plus Artesian Asprey Homes Babbacombe Road Residents' Association Badgers Mount Residents' Association Banner Homes Barnmead (Cator Estate) Residents' Association Ltd Barrett East London Barton Willmore Planning Partnership Bat Conservation Trust Batcheller Thacker Baxter Clark & Paul Baxter Phillips Beadon Road Residents' Association Place Park Residents' Association Beckenham Village Residents' Association Beechwood Residents' Association Bell Cornwell Bellway Homes Ltd, Thames Gateway South Division Berkeley College Homes Limited Berkeley Homes (South East London) Bexley LA 21 Natural Environment Focus Group Park Residents' Association & District Residents' Association Biggin Hill Airport Consultative Committee Biggin Hill Airport Ltd Biggin Hill Partnership Biggin Hill Society Bioscan (UK) Ltd Bloomfield Ltd BNP Paribas Real Estate Boyer Planning Limited Bradford & Northern Housing Association British Gas, Properties British Land Company PLC Broad Oaks Estate Association Broadlands Broadway Malyan Planning Bromley Ambulance Service Bromley and West Archaeological Group Bromley Association for People with Disabilities (BATH) Bromley Civic Society & The Friends of Bromley Town Parks & Gardens & Hayes Lane Association of Residents Bromley Common 2468 Residents' Group Bromley Common Action Group Bromley Federation of Housing Associations Bromley Gypsy/Traveller Project Bromley Hospitals NHS Trust Bromley Mytime Bromley North Residents' Association Bromley Primary Care Trust Bromley Residents' Federation, Airport Sub-Committee Bromley South Action Group Bromley Wheelchair User Group BRONSPART Broomleigh Housing Association BT Group plc Burgess Associates Burnett Planning & Development Limited Burnt Ash Housing Association Business Focus C F Thurlow CABE Cala Homes calfordseaden LLP Camden Park Road Committee Castlefort Properties Ltd Castlemore Cathedral Group CB Richard Ellis CgMs Consulting Charles Church Developments Park Residents' Association Chelsfield Village Society Chenies Road Association Cherrycot Residents' Association & Sidcup Housing Association Chislehurst Society Chislehurst Village Society Churches Together in Central Bromley Cluttons Cluttons LLP Colin Buchanan Colliers CRE Community Links Bromley Community Options Conrad Phoenix Properties Ltd Conrad Ritblat Erdman Copers Cope Area Residents’ Association Council for the Protection of Rural England Countryside Strategic Projects plc CPRE ( & District Branch) Crawley Borough Council Crest Strategic Projectsl Ltd Crockenhill Parish Council Crofton Park Estate Co Ltd Crofton Residents' Association Croudace Crystal Palace Community Association Crystal Palace Triangle Planning Group Conservation Group Cudham Residents' Association Cushman & Wakefield D & M Planning Dartford District Council David Lock Associates DDP Planning Department for Transport, Airports Policy Division DH Estates & Facilities DHA Planning Direct Build Services Disability Voice Bromley Disabled Living Foundation DLA Town Planning Ltd Residents' Association DPDS Consulting Group DPP Drivers Jonas DTZ Durham Avenue Residents' Association Eden Park Residents' Association EDF Energy Residents' Association English Heritage - London Region English Partnerships, South London Region Entec UK Ltd Environment Agency Environment Agency, Thames Region - South East Area Environment Bromley Equality and Human Rights Commission Experts by Experience Family Mosaic Farnborough Park Estate Ltd Farnborough Village Society Farwig Area Residents' Association Federation of Small Businessess, West Kent Branch Felmingham Road Ressidents' Association Fernwood Close Residents' Association First Stapleton Management Co.Ltd Residents' Association Firstplan FirstPlus Planning Limited FPD Savills Freight Transport Association Friends of Scadbury Park Fusion Online Limited G L Hearn G L Hearn Property Consultants Garden Estates Association, Gardner Partnership Geffreys Estate Steering Group George Ralph Architects George Wimpy South London GHP Group GlaxoSmithKline UK Ltd Glebe Housing Association Ltd. Glen View Road & The Glade Residents' Association North Residents' Association Goddington Park Preservation Association Goldcrest Homes Goodman Property Investors Government Office For London Graham Simpkin Planning Authority Village Society Greenpeace - Bromley Grove Park Residents' Association GVA Grimley H M Courts Service Halbren Homes Halstead Parish Council Hammond Suddards Solicitors Hamptons Harvey Spackfield Haysford Gardens Trust Hazelhurst Residents' Association Help the Aged Henry Boot Developments Ltd Hexagon Housing Association Highways Agency Hilda Lane Community Association Ltd Hoblands End Association Holwood Action Group Holwood Park Avenue Residents' Association Home Builders Federation Ltd Homefield Rise Residents' Association Homes & Communities Agency Howard Sharp and Partners LLP Hyde Housing Association I.K. Wyatt Building Design Ltd Iceni Projects Limited Indigo Planning Limited Ivychurch Close & Laurel Grove Tenants' Association Jones Lang LaSalle Ltd (Planning) Judith Norris Limited Kelsey Housing Association Kent Association for the Blind Kent Bat Group Kent County Council Kent Wildlife Trust (Bromley Group) Keston Mark & Bromley Common Residents' Association Keston Park (1975) Ltd Keston Village Residents' Association Kevington Residents' Assocation King Sturge Knight Frank Knockholt Parish Council Knockholt Society Knoll House Residents' Assocation KSP Building Design consultants L M Coffey L&Q Beaver Homes Laing Homes South East Thames Lambert Smith Hampton Land Use Consultants Landscape Design Associates Langley Park Residents' Association LCC UK Leander Group & Keston Vale Residents' Association Legal & General Property Leith Planning Limited Levvel Consulting Ltd Limes Road/Chancery Lane Residents' Association Linden Homes South East Links Estate Residents' Association Lloyds Commercial Property Developments London & Quadrant Housing Trust London Borough of Bexley London Borough of Croydon London Borough of Greenwich London Borough of Lambeth London Borough of London Borough of Southwark London Borough of Sutton London Cycling Campaign London Development Agency, Design, Development & Environment Team London Walking Forum London Wildlife Trust Lower Amhurst Residents' Association Lowood Court Residents' Association Lullington Road Tenants' Association Madeline & Versailles Road Residents' Association Martin Grant Homes Ltd Martineau Marwalk Developments Mathews & Son McCarthy & Stone Plc MDR Developments Limited Mead Road Residents' Association Metrobus Ltd. Metropolis Planning & Design LLP Michael Rogers Mittelman Associates Moat Mobile Operators Association Monks Orchard Road Residents' Association Mono Consultants Limited Estate Tenants' Residents' Association Mountview & Perry Hall Residents' Association Nash & District Residents’ Association Nathaniel Lichfield & Partners National Car Parks Ltd National Grid National Trust, & Chislehurst Centre Natural England (London Region) Network Rail NHS London Healthy Urban Development Unit (HUDU) Nineteen The Mall Management Co Ltd North Bromley Residents' Assocation North Copers Cope Action Group North Street Residents' Association Oakfield Lane Residents' Association Office of Government Commerce Old Hill & Cudham Lane North Residents' Association Orange Orange Personal Communications Services Ltd Oregon Park Residents' Association Orpington & District Amenity Society Orpington & District Archaeological Society Orpington District Public Transport Users' Association Palace Estate Residents' Association Palace Road Residents' Association Park Langley Residents' Association Parkside Avenue Residents' Association Parsons Brinckerhoff Paul Hyett Architects Paul Shekleton Architects PDA Peacock & Smith Limited Pelling Limited Churches Housing Association Ltd. Penge East Residents' Association Penge Forum Peter Brett Associates Peter Pendleton & Associates Ltd Petts Wood & District Residents' Association Phillips Planning Services Ltd Place Farm & Sparrows Drive Estates Residents' Association Planning Perspectives LLP Planning4U Post Office Property Holdings Powergen PLC Pratts Bottom Residents' Association Presentation Housing Association Limited Professional Planning Services PSG Bexley Queen Adelaide Court Tenants & Residents' Association Radcliffe Housing Society Ltd Rapleys Ratcliffes Ravensbourne Valley Preservation Society Reading Agricultural Consultants Redhill Aerodrome Redrow Homes Restovan Park Residents' Association Ridley Road Residents' Association Robinson Escott Planning Roger Tym & Partners Rowan Park Residents' Association Royston Estate Residents' Association RPS Group PLC Rydon Homes Sainsbury's Supermarkets Ltd Sanctuary Housing Association Savills (L&P) Limited SCOTRA Scott-Brown Partnership Sevenoaks District Council SHA Estates - London Shackleton Real Estates Ltd. Shire Consulting Residents' Association Sibley Close Residents' Assocation South East England Partnership Board South East Living South London Family Housing Association South London Partnership South Penge Park Residents' Association Southeastern Railway Southern Gas Networks Spawforth Associates Sport England, London Region Spring Park Residents' Association St. James Homes St. Mary Cray Action Group St. Paul's Cray Community Association St. Paul's Cray Tenants & Residents' Association Star Planning and Development Stateside Services UK Ltd Stewart Ross Associates/Dev Plan Stirling Drive Residents' Association Stradella and Springfield Residents' Association Strategic Land & Planning Consultants Strutt and Parker Sundridge Park Preservation Society Sundridge Park Residents' Association Surrey County Council SUSTRANS Swanley Town Council Tandridge District Council Tatsfield Parish Council Taylor Wimpey Strategic Land Terence O'Rourke Tetlow King Planning Thames Water Property Services The Anerley Housing Co-operative Limited The Architect's Panel The Coal Authority The Co-operative Group The Crown Estate Commissioners The Crystal Palace Foundation The Denis Wilson Partnership The Downes Planning Partnership The Eldred Drive & Avalon Road Action Group The Fairfield Partnership The Federation of Private Residents' Associations The Gardens Residents' Association The Grove Park Community Group The Groves Residents' Association The Hayes (Kent) Community Council The Learning and Skills Council (London Region) The London Borough of Bromley Residents' Federation The London Green Belt Council The Mead & Mead Way Residents' Association The Ravensbourne Residents' Association The Riverbirds Residents' Association The Society for the Protection of Ancient Buildings The Theatres Trust The Three Counties Planning Consultancy Ltd The Tree Council Tinklin Springall T-Mobile (UK) Ltd. Tower Homes Ltd Towncourt Building Service tp bennett Trafalgar Residents' Association Transco, South East Ldz Transport for London Tribal MJP Turley Associates Turpington Community Association Urban Regeneration Partnership Vale Road Residents' Association Village Developments Ltd Vinson Close Residents' Association Vodaphone Limited Wandle Housing Association Wates Well Hill Residents' Association West & Partners West Beckenham Residents' Association West Kent Badger Group Residents' Association West Wickham South Residents' Association Westerham Parish Council White Young Green Planning White Young Green Planning Wickham Common Residents Association William Nash Ltd Windsor Drive Community Association Woldingham Parish Council Woodlands Valley Residents' Association Woolf Bond Planning Working Families WS Planning WSP Developments Yester Park Residents Association