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Kent County Council Community Infrastructure Provision: Review of Current and Future Service Strategies in Kent

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Kent County Council Community Infrastructure Provision: Review of current and future service strategies in Kent March 2009 The information in this document is intended to assist local planning authorities in the preparation of Local Development Frameworks and in the determination of planning applications and any consequent planning appeals. The information has a base date of June 2008. The information will be updated on an annual basis to coincide with the publication of the Annual Monitoring Reports prepared under Regulation 48 of the Town and Country Planning (Local Development) (England) Regulations (2004) as amended. The information contained in this document is copyright to Kent County Council and its use by third parties is at their own risk. To contact us on this document please email: [email protected] Kent County Council Community Infrastructure Provision Contents Evidence base statement for local planning authorities 1. Purpose and background of the study 3 2. The legal framework for securing development contributions 5 3. The National Planning Policy Framework 6 4. Overarching strategies and frameworks 10 5. The approach to securing development contributions 11 6. Guide to development contributions and the provision of community infrastructure (March 2007) 12 7. Service provider general statements: The County Strategy 13 p Communities 13 p Adult education 13 p KEY Training 16 p Libraries and archive service 16 p Youth service 21 p Gateway strategy 25 p Primary and secondary education 26 p Adult social services 32 1 Kent County Council Community Infrastructure Provision 8. Service provider district statements 40 Ashford 41 Canterbury 66 Dartford 84 Dover 103 Gravesham 125 Maidstone 144 Sevenoaks 165 Shepway 183 Swale 204 Thanet 227 Tonbridge and Malling 248 Tunbridge Wells 266 9. Appendices 288 I. County council statistical profile 288 II. Background and source information 290 2 Kent County Council Community Infrastructure Provision 1. Purpose and background 1.1 The purpose of this paper is to inform the preparation of and transport links; drainage and sewer systems; power Local Development Frameworks (LDFs) in terms of the likely supplies; telecommunications; open space and landscaping etc. service requirements of Kent County Council, in its role as More recently, the list has expanded to include both the on the provider of a number of key community services, and to and off-site provision of a range of community services, provide the background evidence base for the negotiation of regarded as necessary to promote sustainable development development contributions and/or the provision of offsite and to ensure that the occupants of new developments have and on site community facilities in relation to specific access to essential facilities.These facilities may incorporate development proposals. services for which the county council has a statutory responsibility: community services (including adult education, 1.2 The preparation of Local Development Frameworks has seen libraries and archives and youth service); primary and renewed emphasis on the compilation and analysis of evidence secondary education; and adult social services. in support of a development plan’s policies and proposals.The accuracy of this evidence is crucial to a plan’s progression to 1.5 It is accepted practice that developers may be required to pay adoption and several cases have emerged where plans have for the additional impacts of their schemes rather than pass been rejected due to inadequate reasoned argument and these costs directly to the ratepayers of a locality (Circular supporting factual content. 5/2005 refers). In order to be fair to both developers and the local community however, a distinction has to be drawn 1.3 Planning Policy Statement 12 identifies a list of tests, known as between meeting a deficiency in existing provision, which “tests of soundness” against which LDF policies and proposals should be paid for through central government grants and the are being judged. The timely provision of adequate local rates system, and the mitigation of the additional impacts infrastructure is crucial to this assessment. created by a new development. Distinguishing between an existing deficiency in provision and the mitigation of additional 1.4 In its broadest sense infrastructure can embrace a multiplicity impacts however can require quite sophisticated analysis to of different services required to support different forms of establish the baseline position for each service, from which development. Historically, infrastructure has been interpreted any additional funding might then be calculated. Once having as the provision of a number of key physical elements: roads established the potential deficit, each scheme has to be the 3 Kent County Council Community Infrastructure Provision subject of a financial viability test, to ensure that the cost of additional community infrastructure can reasonably be borne by the development in question.This process may trigger intensive negotiation between the parties, whilst failure to reach an agreement can result in the refusal to grant a planning permission. 4 Kent County Council Community Infrastructure Provision 2. The legal framework for securing development contributions 2.1 The system for securing development contributions relies (iii) the item(s) sought should fairly and reasonably relate in extensively on the use of planning obligations using powers scale and kind to the proposed development and be under section 106 of the Town and Country Planning Act 1990 reasonable in all other respects; (as amended).This section provides the legal framework for setting planning obligations either for the collection of monies (iv) where instances of development viability are concerned or for securing community development on or off site, where it is for the local authority and other public agencies to planning conditions are not considered to be appropriate.The decide the balance between contributions and public policy guidance and legal framework has been subject to review sector provision, to enable the development to be by the government on several occasions and various circulars acceptable in planning terms. have been produced since the Act was first passed, explaining how the system might work in policy terms and its scope and extent. Circular 5/2005 provides the overarching guidance in respect of planning obligations at the present time.Annex B to the circular contains the principles that underpin the process. The circular sets out the Secretary of State’s policy tests that must be applied when seeking planning obligations: (i) the matter sought from an obligation should be necessary in terms of planning in order to ensure the development accords with sustainable development objectives and policies in the development plan; (ii) the obligation must be directly related to the development; i.e. there should be a functional or geographic link between the development and the item being provided as part of the developer’s contribution; 5 Kent County Council Community Infrastructure Provision 3. The national planning policy framework: Planning Policy Statement 1 (PPS 1): 3.4 The adopted Kent and Medway Structure Plan (K&MSP) Delivering Sustainable Development supports seeking contributions for necessary infrastructure to serve proposed development, including adult education; 3.1 PPS1 provides strategic guidance on the delivery of sustainable primary and secondary education; and community facilities. development.The statement advises that regional spatial The scale of community infrastructure that is proposed in the strategies and local development documents should include structure plan is outlined in Kent – What Price Growth, Kent policies that can impact upon land use by influencing demands County Council June 2003”1.Whilst Towards 2010 and Vision or needs for development which are not capable of being for Kent are the county council’s policy documents that give delivered solely through the grant of planning permission. the context to these areas of the county council’s services. The Vision for Kent 2 is the county council’s long term Planning Policy Statement 12 (PPS 12): community strategy for developing services to Kent residents. Local Development Frameworks Each service area then develops its own strategy exploring where and how services might be improved. 3.2 PPS 12 provides strategic guidance on the formulation and adoption of Local Development Frameworks.The statement Kent and Medway Structure Plan and the South East Plan highlights the importance of providing adequate infrastructure when considering new development.The assessment of the 3.5 The adopted policies for seeking community infrastructure (on existing capacity of infrastructure and the need for additional or off-site) or financial contributions towards its provision is facilities is considered to be crucial.A strategic approach to found in the Kent and Medway Structure Plan3 (K&MSP), policies infrastructure provision is required, including forward planning QL11, QL12 and IM1.These state as follows: to inform public agencies and statutory undertakers of the possible impacts of future development. 3.3 The adequacy of infrastructure can also be a material 1 www.kent.gov.uk/publications/council-and-democracy/what-price-growth.htm consideration when deciding whether planning permission 2 Kent.gov.uk/publications/council-and-democracy/vision-for-kent.html should be granted. 3 Kmsp.org.uk 6 Kent County Council Community Infrastructure
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