Publication (Regulation 19)

Annex A - Developer Contributions

Policy Guidance

A1 Introduction

Local Planning Authorities can collect monies and other non-financial contributions towards the provision of infrastructure to support new development. The scale of these contributions cannot render development unviable. The are two main types of contribution:

• Community Infrastructure Levy (CIL) ~ a fixed payment per sqm of development that can be used to fund provision of new infrastructure
• Planning Obligations ~ also known as Section 1096 Agreements are a legal agreement or unilateral undertaking typically used to provide on-site infrastructure or as a ‘commuted sum’ of money to fund provision elsewhere

Importantly, a planning obligation must be: 

• Necessary to make the development acceptable in planning terms
• Directly related to the development 
• Fairly and reasonably related in scale and kind to the development 

One of the most common types of planning obligation is known as a Section 278 Agreement which is required in order to undertake works to the highway. Planning Obligations will typically be sought to address the following matters:

• Affordable Housing 
• Air Quality Initiatives 
• Outdoor Sports Facilities/ Playing pitches 
• Indoor Sports Facilities 
• Local GP Surgeries / health centres / Hospitals 
• Community Safety / Policing 
• Biodiversity Offsetting
• Open space and Green Infrastructure 
• Sustainable Drainage Systems (SuDS) 
• Education 
• Highways and Transport 
• Local Labour Agreements 
• Libraries 
• Community Halls 

In the majority of cases when planning consents are granted, conditions are attached to the permission. Planning Conditions set out details or required standards, timeframes and works which must be carried out at prescribed stages in the development process. They may also require further details to be submitted in order to make a proposal acceptable. Importantly, planning conditions cannot require the transfer of land or the payment of monies.

Where there is a choice between imposing planning conditions and entering into a planning obligation to manage the impacts of a new development, the use of planning conditions is always preferable. However, planning conditions:

• Cannot be used to secure financial contributions 
• Cannot be used in relation to land outside the application site; and 
• Can be appealed by the applicant if they believe them to be unreasonable 

A2 Pre-Application Discussions

As part of any pre-application discussions the LPA will seek to agree the requirements and Heads of Terms for any planning obligation. 

It is the Council’s strong preference, where applications and associated planning obligations are more complex, that negotiations occur, and agreement on Heads of Terms is achieved, prior to the submission of a planning application. Pre-application discussions can help to resolve potential problems and issues which may otherwise delay the determination of a planning application. 

It is recommended in the Council’s Validation List that draft Heads of Terms accompany any application that requires a planning obligation. Indeed, the Local Validation list will be a useful starting point to shape/ identify the range of issues / infrastructure that a development is likely to need to consider and address. 

A3 Viability

The Local Planning Authority will seek to secure a fair and reasonable developer contribution without adversely affecting the ability for new development to take place. As such, the Local Planning Authority will consider a request from the developer, applicant, or landowner in writing to reduce the level of planning obligations on the basis that the scheme is not financially viable. Such requests must clearly set out the reasons why the development cannot support the full planning obligations requirements and include comprehensive evidence in order for the Local Planning Authority to take it into account.

The viability appraisal is an ‘open book’ assessment which should include information covering at least the following issues supported by comparable market evidence and costs supported by tendered quotations or BCIS data:

• Existing use values
• Proposed use values (sales and rental)
• Demolition and construction costs
• Finance and marketing costs
• Assumed yield
• Abnormal site costs
• Development phasing/timetable.

The assessment should be submitted, if possible, at the pre-application stage of the planning process to enable the request to be considered and verified by the Local Planning Authority. 

The Local Planning Authority will test the viability by seeking other enhancements by various means of cash-flow improvements, for example, deferring contribution payments. If, following an investigation of the alternative options, there is still a viability concern then the Local Planning Authority will expect the submission of a viability appraisal.

The Local Planning Authority will not take into account the price paid or agreed by the applicant for the land whilst reviewing the viability assessment, but will consider what a reasonable land value would be which is sufficient to incentivise the land owner to sell or develop for the proposed scheme based upon a number of factors including case law, market conditions and guidance. 

All viability submissions will be carefully considered by the Local Planning Authority. Once submitted the Local Planning Authority’s professional advisors will review the information provided to support a reduction in the required planning obligations to initially determine if sufficient information has been provided to support the request. Following this the Local Planning Authority advisors will carry out an independent appraisal of the site to determine if acceptable development would be viable which would bring forward development of the site.

The land value and the developer’s return elements of the appraisal will be determined as to what is sufficient to incentivise both parties to sell and develop the scheme. These will broadly be reflective of the returns currently being sought and accepted within the market, including any adjustment to account for the market risk of the scheme. Developers return will typically range between 15% and 22.5%. 

If the Council alters the planning obligation sought on viability grounds, a clause will be built into the S106 Agreement which requires a review of the viability situation unless the development is completed within a defined timeframe.

A4 Inflation & Indexation

All developer contributions payments will be index linked to a relevant index, which at present comprises the BCIS Price Adjustment Formulae Indices for all highways related obligations and the Retail Price Index for all other obligations. Late Interest Payments In the event of a delay in making any payment required under a S106 Agreement, interest shall be payable at a rate above the base lending rate set at that point and will be applied for the period from the date that the relevant payment falls due to the date of actual payment.

Contributions are based upon the costs of infrastructure. Financial contributions will therefore be indexed (i.e. index –linked to inflation) to ensure that they retain their ‘original’ real value. The base date and appropriate index to be applied will be set out in the legal agreement. Where a formula has been set for the calculation of contribution levels (e.g. contractor rates), any cost figures will be updated periodically to take account of inflation and are the sums required at the time of negotiation. All payment levels will be subject to an inflation factor adjusted according to the fluctuations between the date of the obligation and the quarter period in which payment is due to the Local Planning Authority. Payments to other bodies may also be subject to adjustments.

A5 Publication of Information

It is important that the negotiation of S106 planning obligations and subsequent expenditure of any contributions received from developers in a transparent and accountable way. The Local Planning Authority will maintain an ongoing overview of progress with the implementation of site specific and community infrastructure projects. Because S106 Planning Obligations form part of the planning permission, which is a public document, the S106 information will be placed on the public Planning Register together with the planning decision notice. This information will usually be made available on the Local Planning Authority website.

In respect of information relating to the viability assessments of S106 Planning Obligations, if a viability assessment is submitted in relation to a valid planning application, then the Local Planning Authority will treat the submission as a public document, as set out in the NPPF and in line with General Data Protection Requirements 2018. If it is submitted as part of the pre-application process the Local Planning Authority endeavours to keep all pre- application enquiries confidential. However, the Council cannot guarantee this and the applicant is advised to provide a clear justification when the application is submitted why they consider the information is confidential.

A6 Other Considerations

Legal Information

Developers will need to produce satisfactory proof of title for their particular site and all persons with an interest in the development site including, owners, mortgagees, tenants and option holders must be party to the agreement. The developer will also be expected to pay the local planning authority’s legal costs and will need to provide a solicitor’s undertaking that the costs will be paid.

Local Land Charges

S106 planning obligations have to be registered as local land charges. Applicants will therefore need to produce the title to the site and third parties, such as mortgagees, may have to be party to agreements.

Cross Boundary Applications

The Local Planning Authority will, as far as possible, work to coordinate proportionate planning obligation requirements. If, however, agreement cannot be reached, the Local Planning Authority will seek obligations for the portion of the site that falls within Local Planning Authority boundary. 

Triggers for S106 Planning Obligations

S106 planning obligations are normally triggered on commencement of development, i.e. the date on which works to begin the development start, as defined by the carrying out of a material operation (section 56 of the 1990 Town and Country Planning Act). This may be earlier or later, e.g. first occupation, or for significant major development it may be phased through the development process.

The developer should notify the Local Planning Authority (or relevant body) of a trigger point being reached and their intention to pay the financial contribution. 

Varying a S106 Planning Obligation

Applicants can seek to vary a S106 planning obligation. This can only be done through a formal ‘deed of variation’.

A7 Fees

The Local Planning Authority’s legal costs of preparing a Planning Obligation will be borne by the developer. These costs will be based on an hourly rate and will depend on the complexity of the agreement and the length of time taken to settle the draft and proceed to completion. The developer will be required to provide a ‘cost undertaking’ to pay for the Local Planning Authority’s reasonable fees, prior to it being able to instruct its acting solicitors. It should be noted, that the Local Planning Authority’s reasonable fees will need to be met even if the planning obligation is not completed. Standard unilateral undertakings will be subject to an administration charge covering legal costs and if necessary the transfer of money to third parties. 

A8 Monitoring

The Council monitors all planning obligations and will work with developers to ensure that financial contributions and non-financial obligations are delivered on-time. Monitoring fees will be charged in order to undertake such work. The monitoring fee will be derived using a formula that considers the complexity of the agreement (the number of obligations in a particular agreement), the number of officer hours required the monitoring officer’s salary rate and the number of years it is estimated that monitoring will be required for a particular development. The monitoring fee (and its calculation) will be stipulated in each agreement. 

Monitoring activities will include: - 

• the request, management and distribution of financial contributions and other obligations associated with the deed
• monitoring on-line systems for planning officers, managers and the public domain 
• checking recording and updating each trigger-point (timing requirement)
• physical monitoring of the development site (site visits) 

A9 Enforcement

Where there is evidence of non-compliance with a Planning Obligation (such as the non-payment of financial contributions, failure to comply with an obligation, or failure to notify the Local Planning Authority of a due payment or event as required), the Local Planning Authority will seek to recover all reasonable administration costs incurred. This could include, for example, site visits, the recovery of any unpaid monies and / or correspondence. If it is clear that matters within the planning obligation are not being complied with, the Local Planning Authority may be take formal enforcement or legal action to secure compliance.

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Annex B - Housing

Policy Guidance

​​ Introduction

This guidance is written to assist understanding and implementation of the housing policies within the South Warwickshire Local Plan. It should be read in conjunction with the relevant housing policies and associated explanatory text.

Housing Requirements

Amount of Affordable Housing

The amount of affordable housing required on new developments is set out in policy HO.3 for general needs housing and policy HO.6 for Specialised Housing. The matters below cover circumstances that may affect the amount of affordable housing a site is expected to deliver.

Subdivision

Where the site is a subdivision of a larger site or adjacent to another potential housing site, the site size for threshold purposes will be taken to be the larger development site. Therefore, where a site has been subdivided, or is in separate ownerships, the site size will be that of all the sites taken together.

In determining whether two or more adjacent development sites should be considered as one, the following will be considered:

• whether a previous application incorporated parts of both sites;
• whether the sites are inter-dependent in any way – for example, functionally or physically;
• whether there is a community of interest between the two owners; and/or
• whether there is a reasonable prospect of developing both sites together

When applying the applicable affordable housing thresholds, regards will be had to the density of the development as well as the numbers of units proposed. For example, there may be instances where a scheme is judged to have an inappropriate density in order to circumvent the policy requirement. In such cases the Local Planning Authority may refuse the application if the density of the development is contrary to local and national policy.

Vacant Building Credit

In accordance with paragraph 65 of the NPPF, to support the re-use of brownfield land, where vacant buildings are being reused or redeveloped, any affordable housing contribution due will be reduced by a proportionate amount, equivalent to the existing gross floorspace of the existing buildings. This calculation should be submitted to the Local Planning Authority for approval at the point of application.

This Vacant Building Credit (VBC) does not apply to vacant buildings which have been abandoned or have been vacated for the sole purpose of redevelopment. VBC can be applied for on sites that demolish a vacant building to make way for housing development, and for applications bring a vacant building back to use as dwellings.

The proportion of the vacant building floor space as part of the total new floor space should be used to calculate the proportion of the affordable housing required by the policy, as summarised in the simple formula:

(Net change in Floorspace/Proposed Floorspace) x Policy Requirement = Site Affordable Housing Requirement

Illustrative example:

• A proposed new development for 100 homes (with a floor space of 125 sqm each) results in total proposed floor space of 12,500 sqm.
• Policy H2 requires 40% affordable housing – which equates to 40 affordable homes and 60 market homes.
• However, there are existing vacant buildings on the site with a floorspace of 5,000 sqm.
• The difference between the gross floorspace of the vacant buildings and the proposes new build floor space is 7500 sqm
• Therefore the affordable Housing requirement on this site is (7500/12500)*40 = 24%. This equates to 24 dwellings.

Viability and Viability Negotiations

It is expected that developers will be aware of their obligations in respect of affordable housing, and other planning requirements, at the outset of a development and that the financial implications of these will have been taken into account prior to negotiations on the purchase of the land.

Where applicants claim that they are unable to provide the proportion of affordable housing required by the applicable policy because this would make the scheme unviable, the Local Planning Authority will require written evidence of the costs of the scheme. The Local Planning Authority will ask their independent viability expert to review the applicant’s submission, the reasonable costs of which will be paid by the applicant. The viability process should be undertaken in accordance with the relevant Planning Practice Guidance and be publicly available.

In cases where the Local Planning Authority are satisfied that a scheme would not be viable with the policy required level of affordable housing, officers will negotiate with the applicant on the most appropriate solutions, with a focus on maintaining delivery of social rent homes where practical. In doing so, they will consider the affordable housing priorities in that location and the nature of the overall development.

Tenure

The starting point for determining the appropriate tenure mix for a site will be policy H0.4 however the final decision as to the most appropriate affordable housing tenure profile on any particular site will be informed by local need, the existing affordable housing stock profile and commitments, market conditions and a host of external factors beyond the remit and scope of the planning system (e.g. welfare reform). Early advice on the most appropriate tenure mix should be sought from the Housing Team at the Local Planning Authority and deviations from the policy will require robust justification. It is also essential to consult potential partner Registered Providers at pre-application stage.

Total affordable housing costs (rents and sale prices together with any applicable service charges) must be set at levels that will ensure that the accommodation is genuinely affordable to all households on low incomes, including those in work and/or with special needs. It also needs to take into account the size and type of homes to be provided, not only their tenure. 

All affordable tenure profiles will only be considered acceptable if they: 

• Foster the development of cohesive and stable communities; 

• Ensure the needs of households are met by ensuring housing costs are genuinely affordable; 

• Ensure that any homes provided remain affordable for future eligible households (unless subsidy recycling arrangements apply); 

• Include delivery arrangements to ensure the delivery of all agreed affordable tenures within any given scheme. 

Size

Applicants should aim to adhere to the dwelling size mix set out in policy HO.1. Where applicants propose an alternative mix that departs from that shown in the policy, the onus will be on the applicant to fully justify any such deviation. Applicants will be expected to include the following information and evidence (to the extent that it is relevant in any particular case and either available to the applicant or otherwise in the public domain) as part of any justification: 

• A comparison table illustrating the difference between the proposed mix and the optimum mix set out in policy HO.1 and indicating the extent of any deviation in terms of both the number of units and percentages; 
• Evidence of local market circumstances (including local supply and demand and factors such as sale prices and speed of sales for different sizes of dwelling); 
• Evidence of projected likely future demand/aspirations of house buyers in relation to bedroom numbers; 
• Evidence of site/development-specific issues that affect the mix; 
• Evidence from up to date Housing Needs Surveys; 
• Evidence from any relevant Neighbourhood Development Plan, Parish Appraisal or Parish Plan; 
• For large scale schemes with a lengthy build programme over several phases – any proposals to include a ‘review mechanism’ to allow the mix to be adjusted as necessary for forthcoming phases. 

This list is not intended to be exhaustive. In circumstances where variations to the preferred mix are proposed, the Local Planning Authority may appoint suitably qualified consultants to appraise the validity of the information submitted. Applicants will be expected to pay the Authority’s reasonable costs for such an appraisal. 

Implementation

For outline applications, a table indicating the range of market and (if required) affordable dwellings types proposed should be submitted with the application. It shall be accompanied by a reasoned justification (containing information and evidence as outlined above) if this is to depart from the preferred mix as set out in the Table above.

For full or Reserved Matters applications, a schedule containing an analysis of the range of market and (if required) affordable types proposed should be submitted with the application. It shall be accompanied by a reasoned justification containing information and evidence as outlined above if the number of any particular size of home results in a percentage falling outside any of the ranges as set out in policy H01. 

Design of Affordable Housing

The proper integration of different housing tenures within individual sites is an integral aspect of good planning, and one means by which sustainable and successful development can be assured. The outcome should be the physical and social integration of affordable and market housing within any given site, so as to promote community cohesion. 100% affordable housing schemes should be integrated into the wider site/ settlement and a mix of affordable tenures. 

Design

To ensure that market and affordable homes are functionally and visually indistinguishable, the following considerations should be applied to both market and affordable homes: 

• Size and type of home - ensuring a balanced stock profile of both affordable and market homes will assist in their integration. For example, groups of small affordable homes in lengthy terraces in the context of larger detached market houses would usually be inappropriate; 
• External materials - both market and affordable homes should be built in the same general style and materials (including boundary and surface treatments); 
• External and garden spaces - the same type of market and affordable homes should have the same amount of external space; 
• Access arrangements - affordable homes should use the same highway access as market homes and buildings must not have separate entrances for affordable and market residents; 
• Parking – the same type of market and affordable homes should have the same siting and level of car and cycle parking.

Layout

Policy HO.4 requires affordable homes to be ‘dispersed across the site in clusters appropriate to the size, scale and layout of the development’. The size of such clusters will depend on the overall size of the scheme but should generally be no more than 8-10 units.

In the case of outline planning applications – where the detailed layout and appearance of a site will not necessarily be known – a masterplan (or similar) should indicate how the above considerations will be taken account of in the subsequent detailed design process. Where necessary, planning obligations will contain a maximum size for clusters of affordable homes, unless justified by reference to specific circumstances and with the agreement of the Local Planning Authority. Flats and specialised housing will be given special consideration. 

Delivery of Affordable Housing

Application Requirements

All planning applications that include affordable homes must be accompanied by an Affordable Housing Statement. This should include confirmation that the applicant is prepared to enter into a planning obligation based on the Local Planning Authority’s model Section 106 clauses.

For Full and Reserved Matters applications, the Affordable Housing Statement must include confirmation that the estate layout and detailed design of all dwellings proposed as affordable homes has been discussed with, and is considered satisfactory by, a named partner Registered Provider.

On Site Affordable Housing

Section 106 Agreement

The delivery and management of affordable housing will be secured through a planning obligation which is commonly known as a Section 106 Agreement. Experience has shown that the use of planning conditions has been unsatisfactory.

For details of the affordable housing clauses please contact the Local Planning Authority.

Amongst other matters, the planning obligation will set out: 

• The overall proportion or number of affordable homes to be provided (determined in accordance with Policy HO.3); 
• The overall tenure profile of the proposed affordable homes; 
• That the site developer submits for approval by the Local Planning Authority an Affordable Housing Specification for all the agreed affordable housing. The specification is a mechanism for determining key delivery and management details, including the identity of the Registered Provider who is to develop or partner the development of the scheme; 
• For outline applications, this Specification must be submitted and approved prior to the approval of consequential Reserved Matters application.  
• For full applications, the Specification must be submitted and approved prior to the commencement of development; 
• A requirement to deliver all the affordable homes, irrespective of tenure, and trigger points for their delivery. 

Registered Provider Involvement

The preference is for affordable housing to be delivered through Registered Providers (RPs). The early involvement of RPs will expedite the delivery of affordable homes and minimize the risk of RPs not taking on the homes because the detailed design and specification of the homes does not meet their requirements. 

It is recognised that the identity of the named partner Registered Provider may change between the submission of the Affordable Housing Statement and the submission of the Affordable Housing specification. 

Nomination Rights

All affordable homes must only be let or sold to tenants or purchasers with a need for such accommodation. Local Authorities currently have the right to nominate tenants (within a set period of time) to all Social Rent and Affordable Rent properties. Shared ownership properties can be sold directly by Registered Providers and Fixed Equity sale properties (as defined in the Glossary) can be sold directly by the developer. For all other affordable housing tenures, the Local Authorities reserve the right to determine whether it will make nominations to the properties. 

Irrespective of who is letting or selling affordable homes, all the affordable homes must be let to tenants or sold to purchasers who satisfy at least one local connection criterion defined with reference to:

• Residency at the time of birth; 
• Current and immediate past residency for a minimum period; 
• Previous residency for a minimum period; 
• Current work location subject to minimum qualifying periods; 
• Current close family residency for a minimum period. 

Precise local connection criteria requirements will be set by the relevant Council and defined through Section 106 agreements. The order in which local connection criteria take precedence will be defined in cascades set by the relevant Council.

Local Lettings Plans will be required at the discretion of each Council taking into account the particular context and circumstances of a development. Where required, a Local Lettings Plan will set out key operational nomination and allocation arrangements (and possibly sales arrangements). The Local Lettings Plan must be submitted and approved prior to the occupation of any of the properties to which they relate. The Plans can be varied from time-to-time by agreement.

The Local Authorities reserve the right to amend nomination rights as required.

Phasing

To ensure affordable housing is built alongside the market housing and not delayed relative to the market housing, the Local Planning Authorities will use trigger clauses in Section 106 agreements. For example, it may be required that no more than 50% of the open market dwellings shall be occupied until 50% of the affordable houses are ready for occupation. The trigger points to be used will be determined by the Local Planning Authority.

Off Site Contributions / Commuted Sums

As part of the aim to deliver mixed and sustainable communities that cater for a range of accommodation needs, types and tenures, the Local Planning Authority will seek to provide affordable housing on-site alongside general market housing. This approach is endorsed in the NPPF. The requirement for on-site provision is also borne out of the obligation to meet affordable housing needs given the practical challenges and risks associated with delivering affordable homes via off-site contributions. These difficulties include: 

• The need to find suitable land or property to purchase for delivery of alternative provision, including the risks, uncertainty and delay involved with sourcing sites or properties on the open market; 
• The need to prepare and submit schemes for approval within the budget provided by any such contribution, and to ensure that the value of contributions are not eroded by inflation; 
• The limitations and risks associated with open-market purchases of existing dwellings; 
• The time and resources required to design and secure the necessary planning permissions for new build housing schemes, and attendant risks. 

Where it is considered appropriate to accept a financial contribution in lieu of onsite affordable housing delivery, either in accordance with the provisions of policy H0.3 or because of site specific matters, the Local Planning Authority will apply the guidance below.

Calculating Off-Site Contributions

Contributions for off-site affordable housing provision will be calculated on the principle of securing equivalence of provision at parity. This will: 

• Ensure equitability and no inadvertent incentive to favour off-site provision; and 
• Provide an additional safeguard against the erosion in value of any contribution. 

Further details on how off-site contributions will be calculated will be included in future Technical Guidance.

Implementation

All financial contributions will be secured via a Section 106 Agreement. Contributions will be made available to support off-site provision anywhere within the Local Planning Authority’s administrative area.

As with other financial contributions, it is good practice for a Section 106 Agreement to include provision for repayment of affordable housing contributions not expended or committed beyond a certain time-limit. Given (a) the risks and uncertainties associated with accepting off-site financial contributions and (b) the importance in ensuring flexibility over decisions on deployment to ensure good value for money, it is important the time limit is realistic. Therefore contributions will be refundable only if not spent or contractually committed within a period of 10 years from the date of last receipt.

Indexation will be applied to any contribution in line with future Technical Guidance to be published separately.

The financial contribution (which may be phased on large developments) will be payable on first occupation, sale or letting (whichever shall occur first) of any dwelling within the relevant development unless otherwise agreed with the Local Planning Authority.

Rural Exception Sites

Local Connection

Housing Need Surveys

Housing need surveys are intended to identify the housing needs of a community at a point in time. It is important that surveys show evidence of housing need rather than housing aspirations.

Local Connection

A key feature of Rural Exception Sites is that they provide homes to local people. To ensure that the homes remain available to people with a local connection to the parish, a planning obligation/legal agreement will be required to control who is eligible to occupy the homes, amongst other matters. The input of the local community will be sought on appropriate local connection criteria. However, for consistency and ease of administration, the following criteria are recommended and will be applied unless a Neighbourhood Plan expressly requires the use of alternative criteria (note, only one person in the household needs to have a local connection): 

• Was born in the parish where the site is located or whose parent(s) were ordinarily residents in that parish at the time of birth; 
• Currently lives in the parish and has done so for at least the past twelve months; 
• Used to live in the parish and did so for a continuous period of not less than three years; 
• Currently works in the parish and has done so for at least the past twelve months and for an average of not less than 16 hours per week; 
• Currently has a close family member (i.e. mother, father, brother, sister, son, daughter) living in the parish and has done so for a continuous period of not less than three years. 

Cascade clauses may be applied to, for example, give priority to households within a parish before extending eligibility to neighbouring parishes and the whole district.

The tenure and occupancy of all affordable and all local market homes will be controlled in perpetuity via a planning obligation. This will normally be drafted using standard model clauses prepared by the Local Planning Authority. Such controls will apply to all first and subsequent occupants, except in a few tightly defined circumstances. At least one member of every household will be required to satisfy one or more ‘local connection’ criteria.

In the case of ‘local market’ properties, the local connection requirement will apply in relation to the host parish only but with a waiver mechanism to appropriately manage development risk. Where local market housing is to be provided, the planning obligation will also specify special procedures for the marketing and sale of the properties concerned on both initial sale and subsequent re-sales.

Scale

It is not possible to define ‘small-scale’ as it will vary upon individual circumstances. However, in applying the ‘requirements’ criteria in Policy HO.5, the Local Planning Authority will take into account the in-principle support in the Local Plan for Rural Exception Sites including the fact that the scheme is meeting an identified need and the fact that it has the support of the parish or town council. Given that Rural Exception Sites are supported in locations otherwise considered unsuitable for open-market housing, the scale of the proposed scheme is unlikely to be the dominant determining factor in granting or refusing planning consent. This is particularly relevant given the likelihood of ‘cluster schemes’ (see below). 

Cluster Schemes

Ordinarily, local needs will be met in the parish or settlement where they arise. However, the reality of bringing Rural Exception Sites to fruition means that it is not always possible to achieve this (for example because of the availability of land, complexities of funding, economics of development etc.). As such, if supported by the parish or town council, needs arising from more than one location may be grouped i.e. clustered on a single site and met through a single Local Needs Scheme. 

The principle of cluster schemes is supported by paragraph 83 of the NPPF.

Supporting Information for Planning Applications

In addition to the normal requirements in respect of accompanying documentation, it is especially important that the application is accompanied by: 

• A statement explaining the evidence of local need that has been relied upon as providing the basis for the proposed scheme; 
• Evidence of the support of the local community, including pre-application community consultation and engagement; 
• An undertaking to enter into a planning obligation (Section 106 Agreement) to regulate the development and its future use/occupation. 

Specialised Housing

Careful consideration is necessary when planning for specialised housing as such schemes often have specific planning requirements that differ from general housing. Such requirements must be considered in the context of both the day-to-day needs of the occupiers themselves and the service providers who cater and care for those living in specialised accommodation. 

Policy HO.6 sets out four criteria that schemes promoting specialised housing must meet; all the criteria must be met. Further guidance on the interpretation and implementation of these criteria is detailed below. 

1. Meets identified needs and maintains the balance of the housing stock 

Schemes for specialised housing must reflect the development strategy set out in the Plan. Schemes providing for the wider needs of South Warwickshire should be located in the main towns. Schemes for specialised housing should not generally be located in the smaller settlements unless they are meeting a specific and identified local need. 

Within settlements, the cumulative impact of schemes for specialised housing will be considered. Schemes should not result in an over-concentration of provision in a particular local area to the detriment of the overall balance of housing. It is acknowledged that schemes may need to be of a certain size to be viable. However, unless a scheme is meeting a need that is unlikely to be met elsewhere, such a consideration will not usually be sufficient to outweigh any concerns regarding the balance of the housing stock. 

In order to assist in demonstrating compliance with this criteria applicants should: 

• Seek pre-application advice from the Local Planning Authority, in particular the relevant Housing Team, and consult the NHS, including the Clinical Commissioning Group, about the impact of proposals on local healthcare resources. 
• Provide evidence to justify the need for a scheme. 
• Explain how the proposed scheme will complement existing accommodation within the District. 

2. Relates well to the settlement and provides easy access to services and facilities 

Accessibility is a key issue when considering schemes for specialised housing. Residents of specialised housing are: 

• More likely to have health problems or disabilities; 
• More likely to have mobility difficulties; 
• More likely to suffer from social isolation; 
• Less likely to have active lifestyles; 
• Less likely to have access to a private motor vehicle; 
• More likely to place demands on welfare services. 

For residents, visitors and staff, a high standard of connectivity to the host community, and availability of and access to associated infrastructure, is essential. 

Walking and cycling routes should be generally flat and cater for people with mobility and sensory impairments. Access to public transport should be considered not only in terms of proximity, but also the frequency and accessibility of services. Where appropriate, arrangements should be put in place to upgrade existing off-site infrastructure. 

Application of these criteria will help ensure that residents have easy access to services and facilities and can maintain independent lifestyles for as long as possible. Aside from the health benefits of this approach; it also reduces dependency on welfare services. 

Whilst the Local Planning Authority seeks to ensure the impacts of additional housing are mitigated by securing Section 106 planning obligations and through the implementation of Community Infrastructure Levy (CIL), it is important to ensure that critical existing infrastructure and service providers have the capacity to deal with increased demands for their services. This is particularly important in respect of specialised housing for older people. Research has found that older people place greater demands on the health service. In itself this is not a problem if local health services are geared to manage those increased demands. It can become a problem where demands arise on services that do not have existing capacity or do not have capacity to meet increasing demands. 

In assessing schemes for specialised accommodation, in accordance with Policy HO.6 the Local Planning Authority will take account of the capacity of existing health facilities as well as the views of the Clinical Commissioning Group (CCG) and local health service providers. 

In order to assist in demonstrating compliance with these criteria, applicants should: 

• Audit specialised housing schemes against the above criteria to demonstrate that the scheme meets the needs of future residents and visitors. 
• Explain in the required Design and Access Statement how the outcome of the above audit has fed back into the design solution proposed. 

3. Design is capable of meeting support and care needs 

Unlike general housing, specialised housing often has specific design requirements to meet the specific needs of occupiers. The design is integral to ensuring residents’ general welfare and assisting them to achieve healthy lifestyles. 

In particular, older people and people with disabilities in long-term permanent housing require adequate internal and external space, level/step-free access and appropriate landscape design. The provision of charging points for mobility scooters and appropriately sited and sized parking bays for disability users are also other factors to consider. 

In respect of internal space, doorways and corridors should be of sufficient width to accommodate wheelchair users and there should be sufficient space within rooms and corridors for wheelchair users to turn 360 degrees. Rooms should not just be of sufficient size but appropriately configured to maximise the efficient use of space. Floor areas should be benchmarked against recognised national standards and an explanation provided for any derogation. 

Given that specialised housing is designed for occupation by vulnerable residents, schemes that offer permanent long-term housing should also be ‘future proofed’ as far as practical to take account of the fact that residents’ support and care needs are likely to change over time. 

In order to assist in demonstrating compliance with these criteria, applicants should: 

• Describe how the proposed design of the scheme will ensure fitness of purpose in relation to its proposed role, including reference to the relevant accessibility standards. 
• Describe how the proposed management of the scheme will ensure fitness of purpose in relation to its proposed role and that of the host settlement. 

4. Delivery of appropriate management, support and care 

The type of management, support packages and care required will vary in detail from scheme to scheme, depending on the nature and objectives of the scheme. Further, the detailed specification of the management, support packages and care may reasonably be expected to change over time, in response to evolving best practice. 

To assist in demonstrating compliance with these criteria, applicants should ensure a planning application is accompanied by: 

• Sufficient information to describe the intended role and function of the scheme. 
• Heads of terms for an appropriate planning obligation to be secured via a Section 106 legal agreement 

In every case, a planning obligation will be sought that includes provisions to secure the delivery of appropriate management and/or support packages and/or care relevant to the type of scheme proposed. Provisions will include: 

• Requirements in respect of the range of facilities and services the operator will be required to provide and retain on site. 
• Restrictions on the occupancy of all residential units within a scheme to ensure those units are occupied only by residents in receipt of or with access to relevant management and/or support and care packages. 
• For all extra care schemes the owner/developer shall ensure that a domiciliary care provider, registered with the Care Quality Commission, is based on site and services are available to residents 24 hours a day every day of the year for as a long as a scheme is occupied. 
• For all extra care schemes all residents are contracted to receive, as a minimum and for the duration of their occupancy, an entry-level personal care package (expressed as access to an emergency care package). 

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Annex C - Public Open Space

Policy Guidance

 1. Introduction

This Annex provides further guidance on the interpretation and implementation of the SWLP policies in respect of the provision of public open space. It also sets out the Local Planning Authority’s expectations in this regard.

In addition to the SWLP policies, the Policy Guidance should be read alongside the following documents which have been published as Technical Notes:

• Draft Public Open Space Management Plan
• Indicative Cost Schedule
• Template POS Section 106 Agreement Schedule
• Template SuDS Section 106 Agreement

2. Contents

3. Typologies

There are Four typologies of accessible greenspace:

In addition, there are seven other typologies of open space:

4. Residential Development

4.1 Principles

Major residential development will be required to provide Public Open Space in accordance with the standards outlined in this policy guidance. The Local Planning Authority will expect developers to meet the overall open space requirement; however it may apply a degree of flexibility to the individual types of space having regard to relevant evidence bases and the particular circumstances of the development site in question. Evidence of particular importance includes any parks and Open Space Audits, and the Green and Blue Infrastructure and Open Space Study.

In accordance with Policy, Public Open Space is to be provided on site within the first instance. Where it is demonstrated that it is impractical or inappropriate to provide open space within confines of the red-line boundary, the Local Planning Authority may consider commuting the requirement to an alternative location provided that it is within reasonable walking distance of the development, and relevant planning permission is obtained. A distance of 480 meters approximately a 10 minutes’ walk is considered appropriate for this purpose. In some circumstances it may be appropriate to increase this range for the provision of allotments, and this will be by agreement with the local authority.

Where neither an on-site nor off-site location is available or considered appropriate, a financial contribution from the developer as a means of providing qualitative improvements to existing open space will be required. The form of any contribution will be guided by the findings of the District’s Parks and Open Spaces Audit and any other material evidence.

Where a developer makes the physical provision of new open space it will be delivered to an agreed standard, as detailed in this Policy Guidance. It is the Local Planning Authority’s expectation that the public open space will be offered for adoption to either the Town/Parish Council or the Local Planning Authority. Should neither the LPA or Town/Parish Council wish to adopt the open space refusal in writing must be provided before the open space is offered to a management company.

In order to maintain the current average provision of POS, a minimum of 5.67ha of unrestricted public open space will be required per 1,000 head of population.

For the avoidance of doubt POS must be useable by the public. Thus, non-useable landscaping such as ‘SLOAP’ (space left over after planning) and incidental open space (IOS) will not count towards the standards. For example, roadside verges would not count but areas where dogs could be walked or people could sit or children play informally would contribute.

To calculate the total open space required, divide the number of people from the development (see above) by 1,000 and then multiply by the open space standard of 5.67 (hectares)

In relation to housing schemes that are designed to meet the needs of the elderly then contributions for parks and gardens and amenity open space will be the Local Planning authorities main focus. This means that the proportions of allotment and play areas may be reduced whilst increasing the other public open space typologies to maintain the required provision.

In relation to other adult care schemes, flexibility will be afforded in the ratio of the various typologies of open space, providing the overall provision required is met. It is acknowledged that to ensure the safety of residents, some specialist care facilities require gating, meaning the POS is not available to everyone. In these instances, the POS still needs to be provided in accordance with policy, however may be secured and not remain open to external individuals.

Apart from the exceptions mentioned above, developments over 100 dwellings will be required to provide allotments on-site, or make alternative provisions within 480 metres of the site. Sites adjacent to one another combining provision in one area will be encouraged to help deliver effective allotment sites. Allotment provision is a statutory duty of the council and less flexibility will be afforded to non-provision when the threshold is reached, although greater flexibility regarding distance to the provision may be afforded, where appropriate.

5. Commercial Development

5.1. Principles

New commercial or industrial developments will create demand for public open space through their workforce and nearby residents. Such open space will need to be available on site so that employees can take advantage of it during their working day. The provision will focus on amenity open space, parks and gardens and accessible natural areas, with no need to provide allotments or youth areas.

5.2 Calculating the Quantum of Open Space to be Provided

The amount of land required to meet the standard is determined by first calculating the full-time equivalent number of employees of the proposed development, as informed by the area of commercial use and use type.

To calculate the total open space required, divide the number of full-time jobs from the development by 1000 and then multiply by the open space standard of 5.67(hectares).

6. Calculation of Commuted Sum for management and maintenance of public open spaces

6.1 Commuted Sum

Arrangements will need to be made for the maintenance and management of any POS, and this will require the payment of a commuted sum to the District Council. This will include a surety bond and the payment of a site-specific calculation of the annual maintenance costs over a period of thirty years, taking into account the various components that make up the open space, plus a 15% management fee to managing the maintenance

Broadly indicative costs are produced periodically by the Local Planning Authority and published as Technical Guidance in order to offer clarity to developers. However, each site is unique in requirement and costs, and the provided information should be regarded as advisory only with definitive calculations produced at the point of application. In the instance of outline applications, these should use the indicative rates, with the final sum being calculated at the reserved matter stage. The provision of such a calculation is dependent upon the provision of a detailed POS Scheme that demonstrates not only the quantum of POS to be provided but also visibly determines the specific provision of the various typologies and management prescriptions.

6.2. Calculation of the capital off-site sum

The sum calculated for each type of open space where full provision is not made on site will be based on the estimated cost of creating the public open spaces (and subsequent maintenance costs over a thirty year period). Guidance is provided in the Indicative Cost Schedule Technical Guidance. Where partial provision is provided on-site, an off-site contribution is required to meet the deficit.

In order to maintain the high quality of public open spaces that is currently prevalent in the District, and to ensure that maintenance and enhancement can take place seamlessly in the future, it is expected that developers will offer POS land to be adopted by either the Town/Parish Council or the Local Planning Authority along with a suitable commuted sum for future maintenance in the first instance. In the event that the POS is passed to another party to maintain, the provisions laid out under Management Company requirements

6.3. Administering the System

With regard to the on-site provision of public open spaces a Commuted Sum for maintenance is to be paid to either the Town and Parish Council or the Local Planning Authority upon formal land adoption.

Formal adoption of POS by either the Town or Parish Council will only take place when the Council considers that the POS has reached an acceptable standard upon practical completion and any commuted sum for maintenance has been received.

Off-site Provision Capital Sums will be spent on open space improvements identified by the Council as part of the Section 106 agreement. Improvements to open space shall include; the creation of new areas where there is a deficiency; raising existing standards and adding value to an area in terms of the leisure experience on offer.

In addition to the commuted sum, applicants will be expected to pay the Councils legal costs involved in making the planning obligation.

6.4. Example Calculations

The following examples are provided to demonstrate how the calculation should be applied:

A development proposal is submitted to the Council for 100 dwellings. It is established that the 100 dwellings will be made up of the following (based on Housing Mix Guidance):-

50 x 3 – bed houses (50 x 3 = 150 residents)

45 x 2 – bed houses (45 x 2 = 90 residents)

5 x 1 – bed flats (5 x 1.5 = 8 residents)

Total = 248 residents

In accordance with the standards, the developer would therefore be expected to make provision for the following:

Total residents 248 x 5.67 = 1.41 Ha (Overall requirement for open space).

Of the 1.41Ha of provision the split of provision should be:

• Amenity Green Space 1.41Ha x 10.5% = 0.15Ha;
• Parks and Gardens 1.41 Ha x 24.5% = 0.35Ha;
• Natural and semi-natural greenspace 1.41 Ha x 56% = 0.79 Ha
• Recreation Grounds 1.41 Ha x 9% = 0.13 Ha

However, it should be noted that the above requirements set the basis for negotiating appropriate on-site requirements. This would then be considered in the context of the site in question as well as current position in the locality of the intended development and an acceptable combination of sizes and types of provision would be negotiated.

Major development also requires the provision of Allotments and Community Growing Space, and Provision for Children and Teenagers.

• Allotments and community Growing Space 248/1000 x 0.86 = 0.21 Ha
• Provision for Children and teenagers 248/1000 x 0.5 = 0.12 Ha

7. Minimum Size Thresholds for Adoption by the LPA

The following table sets out examples of minimum area size standards for a variety of POS typologies. The District Council will not normally consider the formal adoption of POS that are not of the size stipulated in the table below. Should the calculations require provision less than the standards shown below then either the space will be offered to the Local Town/Parish Council, or it will require the developer to negotiate arrangements for an off-site contribution or financial contribution in lieu. The exception to this may be if the smaller area proposed is of particular merit (or is marginally below the standard) and the developer can satisfy the Council that maintenance (of an agreed standard / regime) will be undertaken in perpetuity and bound by a legal agreement. 

8. Timing of Delivery & Demonstrating Compliance

The Local Planning Authority will secure the provision of open space through appropriate conditions and planning obligations (secured by a section 106), along with measures related to the longer term management and maintenance. Developers are must engage with Parish/Town Councils and the Council early in the development process to make management and maintenance arrangements efficient and to avoid delay at application stage.

Planning proposals must be accompanied by an Open Space scheme which will provide details of the open space provision and address matters such as:

• Timing of delivery
• Trigger points for certificates, and ROSPA inspections
• How relevant standards have been met

Where public open space is being provided on-site in a residential development (market and affordable housing), it must be laid out and transferred to the final management and maintenance provider typically prior to 60% occupation of the dwellings on the site.

The Local Planning Authority will need to be satisfied that a Certificate of Practical Completion of the laying out and planting of the Public Open Space can be issued, and the Public Open Space will then need to be maintained for a minimum of 12 months. At the end of this 12-month period and subject to the rectification of any identified defects in the Public Open Space, the Local Planning Authority will need to be satisfied that a Final Completion Certificate can be issued in respect of the Public Open Space, prior to any land being transferred to the management and maintenance provider, with any necessary health and safety reports and transferable guarantees and warranties being provided as part of the transfer documentation.

For Custom and Self Build residential developments Public Open Space must be laid out and transferred to the final management and maintenance provider prior to 40% occupation of the dwellings on the site. The build out timeframe will likely be much longer than on general housing sites as plots may be built out individually. This lower trigger point for delivery will help minimise the risk of Public Open Space remaining unfinished for a prolonged period which would adversely impact the amenity of early occupants of the site.

9. Management Company Requirements

It is the Local Planning Authority’s strong preference that public open space and play areas on new developments continue to be adopted by either the local town or parish council or the Local Planning Authority itself together with payment of a commuted sum. 

The Local Planning Authority will only consider a management company/organisation proposed by a developer if it meets the list of conditions set out below: 

1. The Owner shall provide a written statement confirming; 
   1. the Management Company’s name, address, phone number, and email address; and that those details will be provided to all residents at the point of purchase who are liable to pay a management fee (’the residents’) 
   2. the Council will be informed when the management company takes over responsibility for the management of the public open space. 
   3. the Council will be informed of the Land Registry Title number if the public open space is transferred to the management company. 
   4. that the residents will receive a ‘balance sheet’ at the end of each financial year to demonstrate how their management fees have been spent, what revenue is available to cover unexpected costs, for example fly-tipping and unauthorised encampments; and what money is available to reinvest in the public open space. 
   5. That residents will be involved in the decisions about how the public open space management fees is be spent. 
2. the Owner shall provide a method statement containing details of; 
   1. how capital funding for replacement items/unforeseen costs will be generated and; 
   2. how the Management Company will ensure that the standards of maintenance will be at least to the same standard as set out in the Public Open Space Scheme. 
3. Confirmation that at no point will the service charges levied on residents increase the rents for affordable housing above 80% of the open market rents as published by the Home and Communities Agency (HCA) (or successor body), where affordable rents are in place. 
4. Confirmation that all public open space, outdoor sports pitches and play areas remain accessible and usable by the general public in perpetuity. 
5. If the Management Company goes in to administration or otherwise ceases to exist, confirmation that title deeds of all public open space, outdoor sports or play areas transfer at consideration of £1 to the Council as the provider of last resort and details of the mechanism by which this transfer shall take place. 
6. the applicant will be required to enter into a section 106 obligation providing the legal mechanism for the land to be transferred to the Council where the Management Company goes in to administration or otherwise ceases to exist, and for the transfer to the Council of the benefit of any contract between the Management Company and the residents of the relevant development in relation to the payment of any management/service charge by the residents to the management company to cover the cost of managing and maintaining the open space. 

10. Design Guidelines

10.1 Principles

Public open spaces require unfettered access for members of the public at all times throughout the year for the purpose of recreation, environmental enhancement and community wellbeing.

10.2 Soft landscaping

Species selection and composition of trees, hedges and shrubs should be considered with respect to how they mature over the years, and change across the seasons. Longevity and maintenance must be a key consideration and not ignored in favour of short-term aesthetic benefits to improve the marketability of the new development. A minimum of fifty percent of species used within public open spaces should be native. The remaining 50% can be non-native but should wherever possible be beneficial to wildlife, for example flowering, fruiting or good for pollinators. Non-native species should be reserved for curtilage/private gardens

Planting schemes within POS should feature early and late pollinator-friendly species in both public and private green spaces and within hedges

• Species composition should provide winter forage and habitat for birds.
• Plants should be UK sourced, native and reflect species and varieties found within Warwickshire. To aid establishment, organic matter, or environmentally friendly water retaining granules/gel should be applied to all planting areas and species chosen which are resilient to climate change.
• All planting areas (except new hedges) should be mulched with untreated bark chip to a minimum depth of 75mm, taking care not to spread it against plant stems. Mulch mats may be used at the base of hedges to avoid the use of weed killer.
• Raised beds and planting on raised bunds are not encouraged because they are prone to drought and require a higher level of maintenance, particularly in prolonged periods of dry weather. If proposed, a water reservoir should be incorporated and drought tolerant species used. A weed suppressing membrane is required and the raised bed is to be mulched with gravel to a depth of 50mm
• Whips should either be planted with a cane and biodegradable rabbit guard or planted within an enclosed area of rabbit proof fencing.
• Hedgerows should be compliant with best practice standards such as the SFI Hedgerow Standard
• Vegetation should not be planted too close to paths to avoid issues with overgrowth.
• No thorny species should be placed within a metre of a path that could be used by cyclists (permitted or otherwise).
• For ease and the safe operation of machinery, the gradient of grassed areas must not exceed 30^o, preferably less than 15^o.

Trees

• Trees are planted for the benefit of future generations, so careful consideration to species and form should be given during design. The impact of mature specimens on the surrounding landscape should be considered. In particular:
• Ensure adequate space remains between specimens, public paths and bridleways to ensure security for users throughout the life of the specimen.
• Ensure species are chosen and placed with due regard for visibility splays associated with roads and footpaths
• Trees proposed next to dwellings should comply with BS 5837:2012 to help avoid issues of blocking light, damaging fences and giving rise to insurance claims.
• Oaks in particular should not be planted near to buildings and never closer than their ultimate canopy spread (c.40 metres), further on clay soils.
• Standard trees (particularly in exposed sites) should be fitted with a strim guard and double staked (on the prevailing wind side) and planted with a perforated irrigation tube.
• Root damage to paths is a serious concern, and a root barrier should be used to protect vulnerable sections.

In order to ensure safety and other considerations elements of gating and fencing may need to be included within the design. These matters should be discussed at the earliest available opportunity to ensure appropriateness and to also ensure that the Local Authority’s maintenance vehicles can access the site post adoption. A post-installation independent safety audit of POS and SuDs will be required at commencement of maintenance period and at handover.

10.3 Hard landscaping

• To encourage people to be active, consideration should be given to installing measured mile markers alongside paths.
• Where possible, paths should be wide enough to accommodate both pedestrians and cyclists (3 metres or more) and have an open aspect.
• Even when not a designated cycle route, they will be used as such. Wider paths are acceptable, even welcomed and can be a real design feature. Wide, open sight lines can also make users feel safer and more comfortable.
• Hard surfaces are to be porous and made of a sustainable material
• Alternatives to tarmac often become weedy or worn if not regularly maintained. Breedon type surfaces may look ascetically pleasing when first laid but require more regular maintenance to keep on top of weeds. The surface is often spoiled by surface run-off and wear and tear from cyclists and wildlife, and there are frequently issues with scatter, path ‘dipping’ and water pooling. If included within a scheme Management plans must address the additional maintenance requirements.

10.4 Street furniture

• Litter bins should be installed:
• At every entry point, unless another is available within 400m, and visible from the entry point(?)
• At all play areas and picnic areas with bins typically spaced 100 metres apart – bins should be offset from any play equipment or benches/tables by at least 2 metres
• As close as possible to adjacent hardstanding for ease of maintenance and to avoid ground damage in wet weather.
• Near to vehicular access points for ease of collection.
• All public litter bins should be of a consistent and standard design to ensure a cohesive public realm.
• Where deemed appropriate, litter bins with recycling facilities may be installed instead of, or in addition to, standard litter bins. Likely locations for such bins would be in close proximity to facilities such as shops, schools and sports grounds, and within parks and green spaces.
• Tables and benches should be installed upon hardstanding to prevent ground damage and to allow them to be used all year round. When sited alongside hard surfaced paths, this surface should ideally flare out to provide the base (with rounded edges as opposed to right angled).
• For benches the hard standing should be able to accommodate a wheelchair, pushchair or similar alongside to avoid blocking the path; and tables designs should be able to accommodate a wheelchair user.
• Where furniture sits away from hardstanding, then a surface should be used that is appropriate to the setting.
• Typically, there should be a bench every 100 metres.
• If post and rail fencing is intended to keep the public out of certain areas, such as wildlife sensitive areas, the fence should be 1.3 metres high, with horse netting attached to the side facing the publicly accessible area. The mesh of the horse netting should be 50mm x 100mm. All timber products should be FSC certified.
• Barbed wire must not be used unless required to control livestock; and then only when a line of smooth wire is attached opposite it, on the inside side of the post (on the park side).
• All play areas must be signed with the site name and details of who maintains it so that damage and accidents can be reported. A site address/postcode will also help an emergency vehicle locate the site (if needed).
• Where an information or interpretation board is proposed, an angled sign is normally most appropriate.
• For larger areas of POS, for example where a user would lose sight of a public road and/or there are a variety of paths to take, a ‘welcome to’ sign, featuring a site map will help to install user confidence, showing them where they can go, and what they can potentially see or do.
• The map should clearly show the names of the roads adjoining the site, so that users who wish to, or need to, ring for assistance can advise others where to find them. The use of ‘WhatThreeWords’ is also encouraged to support users.
• Wayfinding signs are encouraged to support user experience
• In consideration of the Equality Act and ‘British Standard 5709:2018 for Gaps, Gates and Stiles’, stiles are not permitted points.
• For pedestrian access, a gap (minimum width of 1.2 metres) is the first preference, followed by a BS compliant swing gate (minimum width of 1.2 between hanging and slam posts), then a BS compliant kissing gate.
• For gates, shear nuts must be used to deter theft and to stop gates being lifted off their hinges, the top hinge pin should point down, with the bottom hinge pin facing up.
• Lighting within areas of POS should be sustainable and consider the effects on wildlife and the usability of the space. Innovative solutions such as solar power, motion sensors and low level up-lighting to mark out paths should be considered.
• Arbours and pergolas are not generally supported due to high levels of maintenance. If proposed, it should be demonstrated that the structure is low maintenance, robust and resistant to vandalism.
• Outdoor Gym equipment should also be provided where possible as this encourages adults and youths to exercise, these should not be installed close to children’s playgrounds. Signage should be clear and show the user the correct way in using the equipment.

10.5 Play Spaces

Open Space provision for play is central to children’s physical, mental, social and emotional health and wellbeing. Through play children develop resilience and flexibility, contributing to physical and emotional wellbeing. Play Spaces should be provided where children can play, where they can feel completely free, where they can safely explore their limits, learning and experimenting and where different generations can meet, binding the community together.

The provision of opportunities to play as part of new housing development benefits future residents, in terms of providing an attractive environment for all, whilst providing a valuable play resource. Within South Warwickshire, we want play spaces to be truly innovative and set new standards for play provision. To achieve this, play areas should be designed using the key design principles set out in Play England,‘CABE’s and Fields in Trust guidance) and any revision or successor documents. This will ensure that our play areas are innovative and inclusive from inception to completion.

The design of play areas must be an integral part of the design process from the outset. Proposals for playspace must show how they have addressed the following matters. In locating playspace:

• This should be in easy walking distance from new dwellings while allowing appropriate separation from these (indicative distances are shown below)
• The route between the dwellings and the play space is as safe as possible.
• Playspace should be in an open and welcoming site located away from main roads to prevent health risk of traffic pollution and traffic accidents.
• Natural surveillance, ideally from nearby dwellings or local roads where safe, should be provided.
• The site must be on land suited for the type of play opportunity intended.
• All play areas should be designed to be inclusive for children and young people with disabilities.
• A buffer zone should be provided around play areas.

Table: Locating Playspace

Play areas should have a minimum size of 400sqm, catering for children up to 14 years and a minimum size of 1,000sqm catering for children up to 18 years.

Playspaces should meet community needs, taking account of the local demography, and complementing nearby play spaces and should:

• Allow children of different ages and abilities to play together and reflecting local needs provide playing spaces should be provided for different age groups, including teenagers.
• Building in opportunities to experience risk and challenge.
• Supporting imaginative play and creativity.
• Provide seating for parents and carers.

The design of playspaces should also:

• Incorporate equipped play areas and areas for casual play and informal activities.
• Be integrated as far as possible with other local open spaces and amenity areas.
• Make use of natural elements
• Provide adequate lighting for play which provides a safer environment for the users of the open space, and which is appropriate for the area, including considering impact on adjacent residential occupiers
• Where appropriate, the site could include an interesting eye-catching design or feature.
• Play areas catering for all age groups may need separation of younger and older ages groups.

Play equipment needs to be high quality – and multifunctional where appropriate, safe, accessible and inclusive to children with disabilities. It should address the following building standard (or successor standard)

• Playground Equipment Standard BS EN 1176
• BS EN Standards 7188, 1176 and 1177 (Impact Area and Critical Fall Height) for impact absorbing surfaces beneath and around play equipment .Rubber mulch or wetpour is the preferred material to ensure useability throughout the year,

10.6 Vehicles

• Secured, vehicular access points are required for maintenance vehicles. At the roadside, barriers must be set back from the edge of the carriageway by at least 6 metres (or otherwise approved by the Highway Authority in writing); and open away from the carriageway.
• For gates, a self-latching stop post is needed. Shear nuts must be used to deter theft and to stop gates being lifted off their hinges, the top hinge pin should point down, with the bottom hinge pin facing up. Anti-tamper proof locks should be used.
• Access points should have a suitable hard surface.
• All POS should be sympathetically designed to prevent unauthorised vehicular access, without detracting from the visual amenity of the space. This could include for example, natural earth contouring, planting beds, hedging, fencing, bollards, boulders or a combination.
• Cycle parking should be of the Sheffield type stand which allows the frame and both wheels to be secured. Cycle parking should be covered where suitable.
• An area of 1 square metre should be allowed per stand and a minimum distance of 1 metre should be maintained per stand. A minimum of 3 cycle stands per play area or BMX track is required, and provision should be made near other play spaces. Car parking spaces should conform with the Local Planning Authority’s parking space requirements se out in its Technical Guidance.

10.7 Waterbodies & Wildlife

• Water is important for wildlife. It is also highly valued by the public and is encouraged.
• For open bodies of water, there should be a 2-3m wide ledge for marginal plants, then a 1m drop to prevent them spreading into open water.
• Around the perimeter, 2 metres of grass should be permitted to grow tall to deter people accessing the water. The tall grass could be a wildflower meadow mix.
• Until established, a chicken wire fence may be required around the marginal planting to deter wildfowl pulling it up.
• A similar 2 metre wide corridor of tall grass should be allowed alongside water courses, to control access and reduce wildlife disturbance. They make excellent wildlife corridors.
• A range of eco habitats suitable for the location are actively encouraged. For example but not exclusively, bird and bat boxes, otter holts and wood piles for hedgehogs and other insects. Wood piles should be partially buried/grassed over to deter human disturbance.
• Bird boxes should only be attached to existing mature trees; and be of a type suitable for the species that you wish to support, i.e. robins, tits, sparrow or owls. The species and box design will guide where and how close they should be installed to one another and how many can be accommodated on site. The developer’s ecological report should provide guidance.
• Due to licence restriction on handling, only non-openable bat boxes should be installed.
• Widlife supporting infrastructure such as hedgehog highways and bee hotels should be incorporated into development

10.8 Sustainable Urban Drainage Systems (SuDS)

SuDS form part of the surface water drainage system and must therefore be designed to perform a technical drainage function. Developers will be required to submit a SuDS Specification that sets out the detail for how the SuDS will be designed, constructed and maintained (see below). The SuDS Specification should be prepared by a suitably qualified and professionally approved person carrying appropriate Professional Indemnity insurance and should be designed according to the latest CIRIA guidance.

A full SuDS maintenance programme and set of lifecycle costs will need to be provided, and the costs should be linked to the management programme.

Details will need to be submitted and approved that cover the technical design, performance specification and maintenance (short and long-term) of the SuDS and how these integrate with the design of the public open spaces. This will be secured by way of a Planning condition or Obligation

The SuDS Specification, in the form of a report or suite of reports, should include the following plans and technical detail:

1. Hydraulic calculations;
2. Control devices and flow control measures;
3. Geotechnical design criteria;
4. Permeability assessment;
5. Proposed design specification;
6. Proposed landscaping and boundary treatments;
7. A short and long term management plan for the SuDS:
8. Life-saving equipment (e.g. lifebelts) where required;
9. Warning and information signage where required;
10. Proposals that seek to maximise ecological benefit;
11. The exact location and dimensions of the SuDS;
12. A construction programme for the SuDS identifying timings for commencement through to completion of the SuDS;
13. A Management and Maintenance Plan for the SuDS that identifies the required management and maintenance of the SuDS in the short, medium and long-term;
14. A ROSPA assessment/certificate;
15. A CDM designer’s Risk Assessment evidencing that the SuDS can be operated safely; and
16. Public Liability Insurance.
17. Evidence of water quality testing
18. CCTV consents

The SuDS Specification will be considered and determined by the Local Planning Authority as part of the Detailed or Reserved Matters application process for a development or an area of development. Development shall not commence for an area until the Council has approved the SuDS Specification.

The SuDS for a development or an area of development should be installed and completed in accordance with the SuDS Specification prior to the occupation of any dwelling or use of any buildings.

The developer will need to confirm/demonstrate that the SuDS for any phase or area of development has been constructed and completed in accordance with the SuDS Specification. This will be done by submitting to the Council a report, together with a complete set of ‘As Built’ drawings, prepared by a suitably qualified and professionally approved person(s) carrying appropriate professional indemnity Insurance. Following inspection by a qualified individual a Completion Certificate will be issued upon satisfactory completion of the SuDS. This process will be set out in detail in the S106 Agreement.

The developer will maintain the SuDS in line with the SuDS Specification for a minimum period of 12 months following completion and until the public open spaces is transferred to the relevant authority for adoption. A Commuted Sum for the maintenance of the SuDS, based on details set out in the approved SuDS Specification, will be agreed between the developer and the Local Planning Authority and paid upon transfer of the public open spaces.

10.9 Allotments and community growing spaces

Allotments are usually managed by Parish or Town Councils (or allotment associations on their behalf) and it is recommended they are consulted before submitting a planning application to discuss provision, local demands and design preferences, i.e. full, half or quarter size plots. The results of these consultations should be included in the application; particularly if it is proposed that an off-site financial contribution is made instead. If an off-site contribution is proposed, it will need to be evidenced that this is acceptable and supported by the relevant Parish or Town Council, or local allotment association(s).

They should not be sited in areas prone to waterlogging or flooding, or in areas shaded by trees or buildings. The soil should be of good quality, suitable for food production. A main water supply is a must. The style of the site will depend very much on the particular nature and aesthetics of the site but allotments should be protected with fencing without being intrusive. Paladin (not palisade) fencing may be appropriate, along with hedgerows and other visual cover. If fencing is used, it may need to be sunk into the ground to deter wildlife (i.e. rabbits). Access paths will be required along with parking for cars and bicycles.

To avoid the area becoming visually unkempt, each plot should be provided with a 6ft x 8ft shed and connected water butt that rests on a stand to allow a watering to fit under the tap. A secure, larger communal building is also recommended for storing larger items of machinery, along with a large, three bay composting facility.

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Annex D - Self-Build & Custom Build Housing Policy Guidance

D1

Self-Build & Custom Build Housing refers to those homes where the occupiers have the primary influence in the design and/or construction of the homes. Self-build homes are those where prospective occupiers directly organise the design and construction of their new home(s) whereas custom-build homes are those that have been commissioned by the prospective occupiers.

In either case, it is expected that the home will be the principal residence for the prospective occupiers for at least three years following completion. In such circumstances, self-build and custom-build occupiers can claim an exemption from payment of the Community Infrastructure Levey (CIL) (find out more, including how to apply for an exemption, at www.southwarwickshire.org.uk/cil). Please note: any move to either sell or rent the property during that period would trigger a retrospective requirement for CIL to be paid by the self/custom builder.

There is no expectation for local authorities to provide plots on sites that would not otherwise be acceptable for other forms of housing development, such as in open countryside.

The occupancy of any self-build or custom build affordable housing may be subject to local occupancy controls.

D2 - Self-Build & Custom-Build Register

Following the Self-build and Custom Housebuilding Act 2015, and the subsequent Housing and Planning Act 2016, and in accordance with the Self-build and Custom Housebuilding (Register) Regulations 2016, Local Planning Authorities are required to maintain a Custom and Self-build register in order to monitor interest and to quantify the volume of plots that suitable planning permission should be granted. The Act states that “a development permission is “suitable” if it is permission in respect of development that could include self-build and custom housing” (Part 1, Chapter 2, Section 10).

In line with the Government’s requirements, the Local Planning Authority keeps a register of those people interested in acquiring a serviced plot for self-build development. The Custom and Self-build register runs in base periods of 12 calendar months, the first full base period commencing on 01 November, 2016. Find out how you can register your interest in South Warwickshire.

D3 - Planning Policy

Local Planning Authorities are required to ensure that there are sufficient plots available to match the number of individual/groups on the register, over a three-year rolling period. Suitable sites have been identified through the South Warwickshire Local Plan (SWLP). Policy HO.12 of the SWLP also supports self-build and custom-build homes on suitable unidentified or ‘windfall’ sites, in accordance with the criteria set out in the policy. Neighbourhood Plans may also contain policies relating to self build and custom build. Regard should be had to any relevant Design Code, Supplementary Plan, and guidance issued by the Local Planning Authority.

D4 - Provision of Serviced Plots

Where custom and self-build plots are to be offered for sale these must be provided as serviced plots with electric, water, foul and surface water drainage, and broadband/telecommunications utilities. Safe and legal access to the highway must be also be provided.

D5 - Single Plot Schemes

Individual custom-build and self-build plots may often be brought forward on challenging or unusually shaped plots. Single plot schemes may also come forward to meet the specific housing needs of the occupier. These may be health, employment or family needs. Whilst the amenity of neighbouring properties must be maintained, there may be individual circumstances where the proposed self-build or custom-build home provides lower standards of amenity for the perspective occupier than would otherwise be acceptable. Each case will be considered on its merits.

D6 - Multiple Plot Schemes

Whilst some self-build and custom-build plots will come forward on an individual basis, the SWLP also supports schemes of between 2 and 9 homes. Such schemes will meet wider demands and offer a variety of opportunities and deliver distinctive and quality developments across South Warwickshire.

Where small clusters of self-build or custom-build plots come forward as part of the above principles, the production of simple design codes is encouraged. Such design codes should be prepared in discussion with the local planning authority as part of pre-application advice to ensure that they are appropriate for the site.

As a minimum, design codes should address the following parameters:

• Building height
• Building form and orientation
• Building lines and types
• Density
• Developable footprint
• Palette of materials
• Separation distances
• Soft landscape
• Views and vistas
• Waste facilities

Where applicable, for example as part of a larger residential development, a phasing plan should be prepared to ensure CIL is not triggered for the self-build/custom-build element due to commencement elsewhere on the site.

D7 - Marketing

The Local Planning Authority must be contacted once the marketing of any consented available plots has commenced. The authority may then take the opportunity to contact those on the Custom and Self-build register and use their website to promote the opportunity afforded by the scheme. This will help ensure that the marketing of the site reaches those who have already expressed an interest in custom and self-build in South Warwickshire.

Following notification to the local authority about the availability of a plot, should a custom or self-build plot not sell after 12 months marketing at an appropriate price and a further 6 months at an appropriately reduced price, the plot may be developed as general market housing. In such instances, the appropriate CIL payment will be made. This will ensure that plots do not remain vacant for significant periods of time and ensures that the planning authority continues to meet housing needs.