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Developer Obligations Technical Guidance

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Developer Obligations Technical Guidance Developer Obligations Technical Guidance 1 Index 1. Green Space formulae, calculations & justifications 2. Community Education Services formulae, calculations & justifications 3. Integrated Transport formulae, calculations & justifications 4. Section 106 Agreement Template 5. Land & Property Value Moderator formulae The following technical guidance supports the formulating of a draft Section 106 Agreement between developers and the Council. The technical calculations have previously formed part of the Councils Developer Contributions Supplementary Planning Document adopted in 2006 and subsequently revoked in 2015. The obligation generator ensures, when schemes qualify, that developers are aware of the likely Section 106 contribution figure early in the planning process. The generator ensures the obligation is fair and proportionate to the scale of development being proposed. The calculations are directly related to existing Unitary Development Plan policies which require proportionate contributions to mitigate against the impact of the proposed development. Section 106 Agreements will reflect the characteristics and location of the development. The obligation generator provides a draft figure for discussion with Council officers. The use of Section 106 Agreements only as process for mitigating against development impact will continue for qualifying developments until such time that agreements can be supplemented with a Community Infrastructure Levy, following adoption of an up to date Local Plan. 2 1. Green Space 1.0. Green Space Typology 1.1 Open space types have been split into categories for analysis. These are: - Category 1: Play Areas, Informal Open space and General Amenity Areas Category 2: Playing Fields, Courts and Greens Category 3: Urban Parks Category 4: Country Parks, Water Areas, Allotments, Cemeteries and Green Corridors, Any other Green space 2.0 Consultation-Demand Information 2.1 Extensive consultation was undertaken as part of an audit process to assist with the formulation of quantitative (and qualitative) standards. This involved other Council Departments, stakeholders, user groups, other organisations involved in the management and maintenance of open space, Council Members and representative Tameside Residents. It also involved the assessment and consideration of existing standards such as Sport England-‘Towards a level Playing Field’ and English Nature’s ANGST Model. 2.2 Public Consultation exercises included: - Citizens 2000 Panel Questionnaire- An on-going programme of targeted consultation questions on Green spaces in Tameside Park User Surveys from District Assemblies Questionnaire to the BME Communities Regular meetings, Exhibitions and progress updates to Tameside 3rd Sector Coalition Members Survey to all Council Members Options Report-targeted consultation 3.0 Quantitative Open Space Standards 3.1 Quantitative Standards determine how many people should have access to an open space of each category within a specified distance from their home. 3.2 Quantitative standards are measured per head of population and are based on the Tameside average of 2.2 persons per household. The quantitative standards also use the BLPU address GIS layer to identify the number of households in each buffer area. 3.3 For each category of open space there are specified distance thresholds based on the open space type, size, accessibility and function. It is expected that all Tameside households will fall within these buffers. See threshold table 1 below. 3.4 Distance thresholds have been established based on supply information collated through the open space audit and subsequent analysis. The demand information taken from the Tameside Citizens Panel questionnaire has also shaped the quantitative standards, based on the evidence that most people in Tameside are satisfied with the distance they travel to get to their nearest open space. The structure of the distance thresholds are led by the English Nature ANGST Model, 3 however the Council uses distance thresholds on open space type rather than site size. 3.5 The Tameside average population per open space has been calculated by dividing the total population of the Borough by the total number of category sites. 4.0 Distance thresholds and Tameside average population per open space Table 1 Open space Type Tameside Distance Tameside In categories Threshold Population per open space Category 1: 0.4Km 630 Play Areas, General Amenity Category 2: 1Km 2000 Playing Fields, Courts and Greens Category 3: 1.5Km 8200 Urban Parks Category 4: Country Parks, 2Km 1250 Green Corridors and Water Areas, Ecological Areas, Allotments and Cemeteries *NB These figures are subject to change 4.1 The distance thresholds indicate that per head of population in Tameside there should be one accessible open space of each category type within the specified distance of their home. Each threshold is considered to be a ‘reasonable distance’ for a person to travel from their home to their nearest open space of each category. For example, it is considered ‘reasonable for a person to travel 0.4km to their nearest category 1 open space, 1km to their nearest category 2 open space, 1.5km to their nearest category 3 open space and 2km to their nearest category 4 open space. See Table 1 for all distance thresholds. 4.2 The distance threshold buffers are displayed on a GIS layer so that any deficiencies can be identified (See Distance Threshold Maps). The deficiencies indicate where an area is not covered by adequate open space of one or more categories. 4.3 Whilst it is unrealistic to assume that the identified deficiencies in open space provision will automatically be filled, the Council can use these quantitative standards positively to set realistic priorities and to highlight target areas for future investment. 4 5.0 Summary of Formulae 5.1 The formulae below are to be read in conjunction with the Open Space Methodology Flow Diagram, the tables of costs and Ward percentage tables. The formulae outline the methodology for the open space calculation and the paragraphs are numbered to correspond with the flow diagram. 5.2 The first step is for the developer to identify which Ward the proposed development is located. 5.3 The second step is for the developer to check with the Council whether the proposed development site falls within an identified deficiency area. This is based on distance thresholds. A deficient area is one, which is not covered by one or all of the standard distance thresholds for each category of open space. An area may be deficient in more than one category of open space. Refer to the Council deficient Areas map. 5.4 Category One- Deficient Area Formula 5.5 If the developer identifies that the development site falls within a deficient area for category one open space the next step is to identify whether the proposed development falls above or below the dwelling threshold. The Council has set a dwelling threshold of 286 dwellings. Refer to box 4.) On the Flow Diagram and formula below. Formula for Dwelling Threshold The dwelling threshold is based on Average Population per open space for category 1 site divided by Tameside average no of people per household i.e. 630 / 2.2 = 286 5.6 If the answer is Yes and the proposed development is over the dwelling threshold of 286 dwellings the developer will be expected to provide and maintain in perpetuity, a category one open space within the new development site. The figure is calculated by dividing the average number of people per category 1 open space by the average number of people per dwelling. 5.7 The Council considers it to be inappropriate for the developer to provide larger category sites (Categories 2-4) within individual developments. 5.8 The dwelling threshold is approximate and will be dealt with on a case-by-case basis. It will be dependant on a number of factors such as development size, site size, proposed layout and detailed design. The Council encourages developers to liase with the local authority before submitting details of these matters. 5.9 If the answer is No and the proposed development falls under the dwelling threshold of 286 dwellings there are two possible outcomes. The developer first needs to check with the Council whether there is the potential to create a new category one open space in the Ward where the development is proposed. If the answer is ‘Yes’, the developer must pay a contribution towards the cost of creating a new Category One open space- See Formula 1. 5 Formula 1: Create and Maintain (for 25yrs)-New provision Av. Cost of [*Category 1] Site (Creation and maintenance) divided by Tameside Av. Population per green space for a [*Category 1] site = Development and maintenance cost per person x No of dwellings in development x Tameside Average Population Per Household (2.2) = Total Contribution Cost + Apply Formula 3: for Ward % mark up/down (See Fig 5.22 for additional formula) NB. *Correct Category should be inserted. Formula applicable to all four categories of green space 5.10 The formula is based on Average Cost to create and maintain (for 25yrs) an Average size green space per category and the Average Tameside Population per green space category (See figure tables and flow diagram). The cost per person is based on the Tameside average of 2.2 persons per household. 5.11 Expenditure will be based on deficiency areas and sites identified for potential of creating new green space. 5.12 If the proposed development does not fall within a potential development area for Category One green space, the Council will seek a contribution towards the improvement and enhancement of existing green space to mitigate the additional pressure placed on existing green space from the new development. See Formula 2 below. Formula 2: Improvement and Enhancement of existing green space Av. Cost of [Category 1*] Site (Improvement and enhancement costs) divided by Tameside Av. Population per green space for [Category 1*] site = Improvement and Enhancement cost per person x No of dwellings in development x Tameside Average Population Per Household (2.2) =Total Contribution + Apply Formula 3: for Ward % mark up/down (See Fig 5.22 for additional formula) NB.
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