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Regeneration Services Committee Agenda REGENERATION SERVICES COMMITTEE AGENDA Thursday 11 June 2015 at 9.30 am Committee Room B, Civic Centre, Hartlepool MEMBERS: REGENERATION SERVICES COMMITTEE Councillors S Akers-Belcher, Clark, Cook, Cranney, Lindridge, Morris and Thompson 1. APOLOGIES FOR ABSENCE 2. TO RECEIVE ANY DECLARATIONS OF INTEREST BY MEMBERS 3. MINUTES 3.1 To receive the minutes of the meeting held on 12 March 2015 (previously published) 4. BUDGET AND POLICY FRAMEWORK ITEMS 4.1 Planning Obligations Supplementary Planning Document (SPD) – Assistant Director (Regeneration) 5. KEY DECISIONS None. 6. OTHER ITEMS REQUIRING DECISION 6.1 Authorities Monitoring Report for Financial Year 2013/2014 – Assistant Director (Regeneration) 6.2 Tourist Buses Summer 2015 – Assistant Director (Regeneration) www.hartlepool.gov.uk/democraticservices 7. ITEMS FOR INFORMATION 7.1 Conservation Grants – Assistant Director (Regeneration) 8. ANY OTHER BUSINESS WHICH THE CHAIR CONSIDERS URGENT FOR INFORMATION: Date of next meeting – 16 July 2015 at 9.30 am in the Civic Centre, Hartlepool. www.hartlepool.gov.uk/democraticservices Regeneration Services Committee – 11th June 2015 4.1 REGENERATION SERVICES COMMITTEE 11th June 2015 Report of: Assistant Director (Regeneration) Subject: PLANNING OBLIGATIONS SUPPLEMENTARY PLANNING DOCUMENT (SPD) 1. TYPE OF DECISION/APPLICABLE CATEGORY 1.1 Budget and Policy Framework 2. PURPOSE OF REPORT 2.1 The purpose of this report is to seek endorsement of the Planning Obligations Supplementary Planning Document (SPD) (see Appendix 1) from Regeneration Services Committee and permission to submit the SPD to Full Council for adoption. 3. BACKGROUND 3.1 Policy GEP9 of the saved Hartlepool Local Plan 2006 provides the policy basis for requested developer contributions where they are necessary and relevant to a planning application. Policy GEP9 does not provide any details regarding the levels of contributions required, it simply states which types of contributions may be sought. 3.2 The purpose of this Supplementary Planning Document (SPD) is to provide developers and other interested parties with information and guidance concerning the Local Authority’s approach towards securing planning obligations associated with development within the Borough. 3.3 The Local Authority will continue to use planning conditions and legal agreements as part of the planning application process to ensure that new developments in the town are sustainable, well designed and attractive and will have a positive impact on the townscape of Hartlepool. New developments however often put pressure on already over-stretched infrastructure and it is generally expected that developers will mitigate or compensate for the impact of their proposals by way of ‘Planning Obligations’. These are usually concluded under Section 106 of the Town & Country Planning Act 1990 (as amended) and are agreements between local planning authorities and developers 15.06.11 4.1 RND Planning Obligations Supplementary Planning Document (SPD) 1 HARTLEPOOL BOROUGH COUNCIL Regeneration Services Committee – 11th June 2015 4.1 (and the landowner where the developer does not own the land) that secure contributions (in cash or in kind) to address community and infrastructure needs associated with development. 3.4 The SPD has been prepared in accordance with relevant national guidance set out in the National Planning Policy Framework (NPPF), Planning Practice Guidance and the Community Infrastructure Levy Regulations 2010 (as amended). Through the 2010 CIL Regulations the Government introduced a new charge which Local Authorities in England and Wales are empowered, but not required, to charge on most types of new development. The Government states that CIL will improve predictability and certainty for developers as to what they will be asked to contribute, will increase fairness by broadening the range of developments asked to contribute and will enable important sub- regional infrastructure to be funded. However since its introduction it has become evident that it is more deliverable in some areas rather than others, where, given the current market conditions, CIL is proving to be unviable and undeliverable. 3.5 During the development of a new Local Plan work will be undertaken on viability testing to determine whether or not it is going to be feasible to bring forward a CIL charging schedule or whether the continued use of Planning Obligations would be the best option locally. 3.6 The SPD is compliant with the CIL regulations and all planning obligations are subject to the legal tests, which are used to determine use of a S106 agreement and are set out in regulation 122 and 123 of the Community Infrastructure Levy Regulations 2010 as amended. The tests are: 1. necessary to make the development acceptable in planning terms; 2. directly related to the development; and 3. fairly and reasonably related in scale and kind to the development. 3.7 This SPD clearly sets the thresholds for developer contributions through planning obligations in terms of the following: Affordable housing Open Space, Outdoor Sport / Recreation and Play Facilities Built Sport Facilities Green Infrastructure Highway Infrastructure Community Facilities, and Training and Employment. 3.8 The SPD does not contain any policies. However the levels and types of contributions required have been tested and proved to be viable and deliverable in most developments in the town over the past three years or so. 15.06.11 4.1 RND Planning Obligations Supplementary Planning Document (SPD) 2 HARTLEPOOL BOROUGH COUNCIL Regeneration Services Committee – 11th June 2015 4.1 3.9 The only exception to this is the level of affordable housing achieved. Since the publication of the 2012 Tees Valley Strategic Housing Market Assessment (SHMA), Hartlepool’s affordable housing need has been identified as 27.5%, however the amount achieved in most instances has been reduced through the viability process to ensure deliverability of schemes; the SPD is written in a way which allows flexibility and where there are issues regarding viability allows for contributions to be reduced to ensure development is viable. 3.9 This flexibility is an essential element of this Supplementary Planning Document and will be crucial to developer negotiations in the delivery of affordable housing, especially as the 2015 Hartlepool Strategic Housing Market Assessment demonstrates an increased affordable housing need of 144 affordable housing units per year. This represents an affordable need of 44% when considered against the overall annual target of 325 dwellings. 4. METHODOLOGY 4.1 In order to ensure the planning system is open and transparent it is considered vital that the Planning Obligations SPD is consulted on and then adopted to provide developers with information at an early stage in the planning process as to the types and levels of contributions which will be necessary as a result of their application. 4.2 Following authorisation from Regeneration Services Committee in May 2014, an 8 week public consultation on the draft Planning Obligations Supplementary Planning Document was undertaken. 4.3 The means of public consultation included: Copies of the documents made available at the Civic Centre A statutory notice in the Hartlepool Mail A local press release Reference on the Planning Policy section on the Council’s website Letters to Parish Councils Letters to statutory consultees and other stakeholders 4.4 Through the consultation 12 responses were received from statutory consultees, developers and interested parties. All responses have been carefully considered, details of the comments received and Hartlepool Borough Council’s response (including resulting amendments to the document) is attached as Appendix 2. 5. CHANGES TO NATIONAL PLANNING PRACTICE GUIDANCE 5.1 On 28 November 2014, additional National Planning Practice Guidance (NPPG) on Planning Obligations was published by the Government. 15.06.11 4.1 RND Planning Obligations Supplementary Planning Document (SPD) 3 HARTLEPOOL BOROUGH COUNCIL Regeneration Services Committee – 11th June 2015 4.1 This outlines new minimum thresholds to ensure that planning obligations are not sought from small and self build development. This guidance details specifically that: contributions should not be sought from developments of 10- units or less, and which have a maximum combined gross floorspace of no more than 1000sqm in designated rural areas, local planning authorities may choose to apply a lower threshold of 5-units or less. No affordable housing or tariff-style contributions should then be sought from these developments. In addition, in a rural area where the lower 5-unit or less threshold is applied, affordable housing and tariff style contributions should be sought from developments of between 6 and 10-units in the form of cash payments which are commuted until after completion of units within the development. This applies to rural areas described under section 157(1) of the Housing Act 1985, which includes National Parks and Areas of Outstanding Natural Beauty affordable housing and tariff-style contributions should not be sought from any development consisting only of the construction of a residential annex or extension to an existing home 5.2 The guidance also details information on planning obligations in relation to the reuse of vacant buildings with the introduction of a Vacant Building Credit, this acknowledges the benefits of bringing a vacant building back into use by outlining that the developer should be offered
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