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Responses to Public Consultation on Planning Obligations SPD

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Responses to Public Consultation on Planning Obligations SPD ANNEX A Responses to public consultation on Planning Obligations SPD. Contributor Comments Response Little Brickhill and Wavendon Parish Council ,Loughton and Great Holm Parish Council, Newport- Text will be added to Chapter 3 'Approach to Planning Obligations' Pagnell Town Council, Planning Obligations Protocol, approved by Cabinet in 2014, should be added to the proposal to to reflect the undertakings given in the draft Protocol that there Shenley Brook End and give Parish and Town Councils a formal role in spending S106 / tariff monies. would continue to be greater consultation with the local Council's Tattenhoe Parish Council, about impacts of development and how they are mitigated. Castlethorpe Parish Council, CMK Town Council The document contains numerous typographical and grammatical errors. The final document needs to be carefully proof-read. Final version will be reviewed and amended as required. Table 5 reflects current policy on affordable housing which is being Affordable housing- possible error in table 5 reviewed separately. Town Council support pepper potting but not in blocks of more than 12. Housing should have its own entrance like Dalgin Place See policy on affordable housing above. Pupil yield data has been compiled locally and used to estimate number of pupils by type and size of dwelling. Pupil yields from one Education - Welcomes change to education cost but not for studio/ one bed as this is likely to be bed properties is low but largely confined to pre-school age student accommodation. children. Developments consisting of 'studio' accommodation only or largely, such as student accommodation, would be considered separately. Employment- support new obligation for training Noted. Agreed inward investment text to be moved from chapter 8 to Should move guidance information for inward investment from social infrastructure to this section. chapter 7 (Employment chapter). CMK Town Council Latest available retail floorspace capacity figures have added to Update figures from latest retail capacity study. the document. Social infrastructure Noting that public art is site specific rather than borough wide and object to moving Public Art to LIT( if adopted) best to deliver locally is s106 as would be better for local communities LIT proposal now withdrawn by the Government. SI Suggestion- SI Suggestion- Public Art (0.5%) contributions from residential development should move to Section 9 "Leisure, Recreation and Sports Facilities" (see below). If the Council adopts LIT, these contributions should stay as s106 obligations to deliver art/culture projects for the local community. 2. Public Art (0.5%) contributions from commercial development should move to LIT to deliver Borough-wide art/culture projects. See comment above about LIT. MKC believes public art should remain in the social infrastructure Leisure, recreation and sports facilities-Public art contributions should be moved to Leisure, chapter rather than the leisure chapter because it has wider recreation and sports facilities section benefits. Local and neighbourhood play facilities address all age range of Unclear differences between “local and neighbourhood play facilities” and “neighbourhood play” children and young people, neighbourhood play is directed at the older age range of young people. Contributor Comments Response This is no longer possible as LIT proposal now withdrawn by the Want Swimming pools moved to LIT Government. Provision was taken from 2005 SPD and index for inflation, what basis for indexation. Would prefer Document updated using a range of sources indicated at the a bottom up review. bottom of table 18. See answer above. RPI now CPI is generally accepted means of More guidance needed at para 4.6 indexation. Applications have to be considered on their individual Recommend that Table 18 provides a sum total figure (£1,710) of the contribution required, it is not characteristics and it would be misleading to imply that every clear which items are counted or not. The worked example is unhelpful. It is appreciated that some housing scheme would be required to contribute £1,710 per CMK Town Council facilities may be provided on site by the developer, so the total monetary contribution may be less. person. The worked example is intended to demonstrate the Council's approach. Priority should be given to projects in Neighbourhood Plan. New text in chapter 3 makes reference to Neighbourhood Plans. Maintenance contributions are referred to in para 9.39 but new text 2005 SPD sets out commuted maintenance to adopt public open space. This does not. will be added to the document to make this point more explicitly. Other obligations- The Council's intention is that parking standards should be adhered to. Where there is a shortfall of parking provision it has recommend that where parking is under-provided an obligation is sought to fund public transport been the Council's experience, it has not proved possible (largely infrastructure projects on viability grounds) to request additional contributions. Unhappy with consultation as not directly consulted. No mention on the council’s website or from the consultation list policy have. Noted, consultation was through normal Council channels and via More comprehensive consultation should take place before adoption. Council website. This document highlights what new changes to existing policies are Unclear document as refers both to adopted and emerging policy. being made. SPD can not generate new policy, document must be prepared in accordance with the Town and SPD cannot generate new policy but the SPD does set out the Country Planning (Local Planning) (England) Regulations 2012, including in terms of consultation reasonable and proportionate contributions necessary to mitigate arrangements. the impact of the development. Viability appraisal of the new SPD has been conducted and this Viability- concerned that the overall impact of the proposed planning obligations on development has also been cross referenced to the viability work underpinning viability have not been properly considered Plan:MK. Land Value- more realistic assumptions based on evidence about the cost of land are included in the draft SPD and used to determine the viability of development Methodologies adopted in viability studies are standard. SWMK-Carter Jonas 2015 Deregulation Act mentioned under carbon off-setting at Environmental Standards- SPD does not mention Deregulation Act 2015 paragraph 10.14. amendments are made to the list of environmental related planning obligations, and in particular The Council is proposing to seek contributions to sustainable that obligations relating to sustainable construction and carbon offsetting are deleted. construction and renewable energy. It is acknowledged that Plan:MK has not yet been adopted by MKC Evidence- Public art obligation has not yet been tested and found sound through emerging however, Public Art contributions were also sought in previous Plan:MK Local Plans. MKC is seeking contributions for Public Art on the grounds that it meets all three CIL regulation 122(2) tests. Table 2 not considered to reflect complexity or simplicity of monitoring There is case law and MKC does not consider its monitoring fee a planning obligation. appeal decisions which have deleted unnecessary requests for monitoring obligations, on the basis Fee set through annual budget setting process. that relatively simple obligations should fall within the routine administration SWMK-Carter Jonas Contributor Comments Response The applicability of any proposed obligation in chapter 7 can be assessed against individual applications and only levied where Chapter 7 does not meet any planning obligation test those obligations are considered to be reasonable ,necessary and proportionate in mitigating the impact of the development. As with obligations set under chapter 7, the impacts of a scheme Chapter 8 table 13 concerned about robustness of evidence for this contributions. The proposed will be assessed on a case by case basis as individual planning approach towards planning obligations for social infrastructure takes no account of the specific applications are received. Contributions will only be levied where impacts of a particular development on that infrastructure. and do not comply with the planning those obligations are considered to be reasonable, necessary and obligations tests. SWMK-Carter Jonas proportionate. Relationship with LIT- Planning Obligations SPD should not be adopted until the proposed local infrastructure tariff has been defined SPD will contain information which is inaccurate, and further consultation is necessary once the government has made a decision on LIT approach. LIT proposal now withdrawn by the Government. Premature for a Local Authority to draft up guidance relying on the introduction of LIT at this stage. LIT proposal now withdrawn by the Government. Affordable Housing – A suggested approach to PRS proposals is set out in paragraphs 4.40-4.47. Table 5 reflects current policy on affordable housing which is being In these terms, it is trusted that the requirements of Chapter 5 will not apply to PRS schemes. reviewed separately. Education - Any planning obligations SPD should recognise that PRS schemes primarily attract Pupil yield data has been compiled locally and used to estimate Palmer Capital Partners younger residents, before they have children, or older residents without children. In these terms, it is number of pupils by type and size of dwelling and this would be (CBXIII)- Rapleys
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