WILTSHIRE COUNCIL Town and Country Planning Act 1990 Town and Country Planning Act (Development Management Procedure) Order 2010 Town and Country Planning (Hearings Procedure) (England) Rules 2000 Statement of Compliance of Section 106 Obligations with Regulation 122 of the Community Infrastructure Levy Regulations 2010 Site: Land at Pavenhill, Pavenhill, Purton Description: the demolition of 1 existing dwelling and erection of 25 market and affordable dwellings, with associated access, car parking and landscaping Appellant: Mr Nick King of Hills Homes Developments Ltd Appeal Reference: APP/Y3940/W/17/3166533 LPA Application No: 16/03625/FUL Appeal Start Date: 17th March 2017 1.0 Introduction 1.1 This statement is to be read in conjunction with Wiltshire Council’s Statement of Case relating planning obligations (refusal reason 5 of Decision Notice reference 16/03625/FUL) and the detailed obligations contained within the S106 agreement prepared by the appellant and the Council. 1.2 The parties reached agreement on the terms and obligations set out in the draft S106 agreement since the determination of the application dated 17th November 2016. The Council consider the obligations to be CIL and framework compliant and lawful. The Council and Developer have continued to liaise with one another in respect of the drafting of the S106 Agreement in the period since the submission of the appeal. 1.3 The agreement is in an agreed form and the terms, conditions and covenants contained therein are considered appropriate and acceptable. The document will be signed and sealed for submission prior to the required submission date of 7th May 2017. 2.0 Policy 2.1 Core Policy 3 of the Wiltshire Core Strategy sets out the Wiltshire Council framework for assessing the need for developer contributions towards infrastructure. This policy is supported by a combination of a suite of specific policies in the Wiltshire Core Strategy that consider infrastructure items, complementary guidance and evidence base strategy documents, namely: - North Wiltshire Open Space Study adopted 2004 - Wiltshire Council Planning Obligations Supplementary Planning Document - Wiltshire Council Waste and Collection Supplementary Planning Document (draft) 2.2 On the basis of the above justification the infrastructure items listed below are those that are relevant to the appeal scheme and are required in order to mitigate the impact of the proposed scheme, in line with the tests set under Regulation 122 of the Community Infrastructure Levy Regulations 2010 and paragraph 204 of the National Planning Policy Framework “The Framework”. 2.3 The Council and Developer have worked jointly on preparation of a draft Section 106 agreement on the basis that the planning obligations contained therein are: a) Necessary to make the development acceptable in planning terms; b) Directly related to the development; and c) Fairly and reasonably related in scale and kind to the development. 2.4 The statement sets out an overview explanation providing justification for requiring the contributions 3.0 OBLIGATIONS/SCHEDULES Open Space & Play Spaces 3.1 As required by Saved Policy CF3 of the North Wiltshire Local Plan 2011, the submitted Site Plan comprises contributions to open spaces and play spaces on site. 3.2 The scale of development generates the need for 1,806 square metres of open space provision of which 171 square metres should be Play Area. The submitted Proposed Site Plan provides the required 1,806 square metres of open space and 171 of Play Area. 3.3 Schedule 3 Part I of the agreement sets out provisions for the installation and for its management and maintenance under private management company provision. Schedule 3 Part II allows the Open and Play Spaces to be transferred to a nominee. 3.4 The open space and play space obligation is considered to be necessary to make the development acceptable in planning terms, directly related to the development proposed and is reasonable in scale and kind to the development and therefore compliant with CIL Regulation 122 and the duplicate tests set out in paragraph 204 of the NPPF. Affordable Housing 3.5 The Council considers the delivery of affordable housing at 40% fairly and reasonably related in scale and kind to the development and necessary to make the development acceptable in planning policy terms with regards to Core Policy 43 of the Wiltshire Core Strategy. The tenure mix of 60% Affordable rent and 40% shared ownership affordable housing has been agreed to allow for provision of a dwelling mix that is reflective of current and anticipated housing needs in the Purton locality where a housing need has been identified by the Council Housing Services Team. These requirements, along with the agreed housing mix, are reflected and addressed in the terms and provisions as set out in Schedule 1 of the draft S106 Agreement. 3.6 For the above reasons the proposed affordable housing provision the proposed affordable housing provision satisfies Wiltshire Core Strategy objectives as required by Core Policy 43 and 45 of the adopted Wiltshire Core Strategy and Affordable Housing Supplementary Planning Document and is considered to be CIL Regulation 122 compliant and in accord with paragraph 204 of the NPPF. Provision of Waste Facilities – £2,276 3.7 Section 10 of Wiltshire Council’s Planning Obligations SPG outlines that waste and recycling container will be taken via s106 agreement relating to each development. The Council Waste Storage and Collection SPD states the requirement of a contribution of £91 per dwelling giving a total of £2,275 for the proposed 25 units. As such the required obligation is considered to be CIL regulation 122 complaint and in accordance with paragraph 204 of the NPPF. Contents 1. INTRODUCTION Background 1 The Countryside and Open Space Strategy 2 Scope of Study 2 Issues and Limitations 4 Terminology 5 2. CONTEXT Introduction 6 National Framework 6 Local Framework 13 3. CONSULTATION Introduction 16 Peoples Voice 16 Mission Impossible 22 4. ASSESSMENT OF SUPPLY Introduction 24 Typology 24 Survey Methodology 25 Current Open Space Provision - Hierarchical Sites 28 - Non-hierarchical Sites 39 Accessibility 46 Carrying Capacity 49 I 5. QUALITY OF SUPPLY Introduction 50 Methodology 50 Hierarchical Sites 51 Non-hierarchical Sites 54 Summary 57 6. PROVISION STANDARDS Introduction 58 Hierarchical Sites 59 Non-hierarchical Sites 61 Development Guidance - Public Open Space on New Developments 62 - Developments on Existing Open Space 68 Payments for Off-site Contributions 70 Adoption of POS and Commuted Sums 71 7. RECOMMENDATIONS Introduction 73 General Principles 73 Improving Park Provision 76 Allotments 76 Play Areas 77 Updating the Study 78 Monitoring 79 II LIST OF TABLES Table 2.1 – Key Relationships 8 Table 3.1 – Peoples Attitudes to the Countryside 17 Table 3.2 – Rank of Countryside Issues 19 Table 3.3 – Quality and Accessibility of Open Space 20 Table 3.4 – Open Space Priorities 21 Table 3.5 – Mission Impossible Comments 23 Table 4.1 – Open Space Typology 25 Table 4.2 – Summary of Open Space 28 Table 4.3 – LPAC Open Space Hierarchy 30 Table 4.4 – Adopted North Wilts Open Space Hierarchy 31 Table 4.5 – Summary of Classification 32 Table 4.6 – District Parks 32 Table 4.7 – Community Parks 34 Table 4.8 – Local Parks 36 Table 4.9 – Current Play Area Provision 42 Table 4.10 - Potential National Nature Reserves 44 Table 4.11 – Other Sites 45 Table 4.12 – Pedestrian Catchments 46 Table 5.1 – Scoring System 50 Table 5.2 – Priorities 54 Table 6.1 – Facilities Expected at Sites 59 Table 6.2 – Natural Features at Sites 60 Table 6.3 – POS Requirement by Dwelling Type 64 Table 6.4 – Amount of POS by Dwelling Type 67 Table 6.5 – POS Maintenance Costs 72 LIST OF FIGURES Figure 3.1 – Access to the Countryside 18 Figure 3.2 – Distance Travelled to Open Space 20 Figure 3.3 - Visit Frequency to Open Space 21 Figure 6.1 – Process for Deciding POS Provision on New Developments 66 Figure 6.2 – Development on Existing Developments 70 III APPENDICES Appendix 1 – Glossary 81 Appendix 2 – Supplementary Planning Guidance Notes 83 Appendix 3 – Peoples Voice Questionnaire 85 Appendix 4 – Audit sheets 88 Appendix 5 – Information checklist 98 Appendix 6 – Audited Sites 100 Appendix 7 – Site Designations Using Adopted Hierarchy 114 Appendix 8 - Audit Scoring Sheets 124 Appendix 9 – Current Site Facilities 127 Appendix 10 – Landscape Characteristics 131 Appendix 11 – Quality of Hierarchical Sites 132 Appendix 12 – Quality of allotments 135 Appendix 13 – Quality of Play Areas 137 Appendix 14 – POS contributions – Worked Examples 140 IV 1. INTRODUCTION Background 1.1 Various Council documents, including the Leisure Plan (2001 - 2007) and the Best Value Review (2000), have indicated the need for the completion of a Countryside and Open Space Strategy, as a necessary document for the guidance of policy in the provision and management of open space, and towards the countryside. 1.2 With this in mind the Council is currently preparing a Countryside and Open Space Strategy that will direct the Council policy towards leisure and recreation in the countryside, and management of open space. To a large extent that Strategy will be informed by this Open Space Study, which identifies current provision and offers recommendations for future provision and management. This Study will be taken as material consideration in the planning of new open space and proposed development on existing open space. 1.3 The recent highlighting of open space as a national issue and the recent updating in 2002 of Planning Policy Guidance Note 17: Sport, Open Space and Recreation, has created a resurgence of interest in the management of open space following many years of decline. This is, in part, due to the realisation of the many benefits that access to open space has on people’s lives, far beyond the leisure opportunities.