Nottingham City Council Development Department

Nottingham City Council Development Department SUPPLEMENTARY PLANNING " GUIDANCE Planning Guidelines For the Provision of Local Open Space in New Residential Development original date: October 1997 UPDATE:July 2011 S:\Policy\DMR - New Structure\Policy & Information Themes & Strategies\Open Space&GreenInfrastructure\developer_contributions1.doc

Contents 1.0 Introduction 2.0 Policy R10 - Provision of Local Open Space 3.0 Space Requirements 4.0 Provision Options 5.0 General Advice Appendices 1. Bedspace Calculation 2. Draft Cost Index 3. Summary Cost Table 4. Example Legal Agreement

1.0 Introduction THIS DOCUMENT IS THE SAME AS THE 1997 DOCUMENT EXCEPT THE COSTS HAVE BEEN UPDATED 1.1 Draft supplementary planning guidance was prepared in February 1996 to clarify the implications of Policy R10 (Provision of Local Open Space) as contained in the Deposit Draft Nottingham Local Plan. Public consultation took place during March and April 1996. Policy R10 itself was considered at the Local Plan Public Inquiry held between 21st May and 25th September 1996. 1.2 The guidance has been revised in response to comments received during the SPG consultation exercise and to reflect changes to Policy R10 recommended by the Inquiry Inspector. 1.3 This document explains more fully Policy R10 of the Adopted Local Plan. It includes information on the type and amount of open space to be provided, financial contributions, payment procedures and other relevant information. Practical examples of how the guidance can be applied are included in Appendix 2. 1.4 The revised guidance accords with Planning Policy Guidance Note No. 12 (Development Plans and Regional Guidance) and Circular 1/97 (Planning Obligations) issued by the Department of the Environment. It also reflects the suggestions contained in Planning Policy Guidance No.17 (Sport and Recreation), that local authorities may wish to clarify the arrangements for provision and planning agreements in connection with open spaces.

2.0 Policy R10 - Provision Of Local Open Space 2.1 Policy R10 of the Adopted Local Plan sets out the Council s requirements for the provision of local open space in new housing developments. The policy states: Residential development should provide local open space to serve the development on a pro-rata basis of 0.6 hectares per 1,000 bed spaces. The City Council will seek to secure that provision through planning conditions or through the negotiation of a planning agreement. A commuted sum for maintenance may be sought where the open space is primarily for the benefit of the development itself and the developers wish the City Council to adopt that space. Provision may be made in one or more of the following ways: a) provision within the development; b) provision elsewhere; c) financial contribution to the Local Authority to provide the open space on or off site. 2.2 The guidance applies to all new residential development including residential conversions. Certain types of specialist housing such as warden-aided accommodation or nursing homes may be exempt. Such exemptions however will be conditional on appropriate 'private space' being made available and maintained to the satisfaction of the City Council to meet those residents needs. Further clarification of this will be given as required. All schemes will be considered on their merits 2.3 As a guide the minimum size of a viable free-standing open space which the City Council would consider for adoption is 0.4 hectares (1 acre). This would be subject to local circumstances particularly in relation to: a) areas deficient in open space; b) where the provision is by way of an extension or addition to an existing open space. Each case will be considered on its merits. 2.4 The City Council will seek to secure open space provision either through planning conditions or more normally through the negotiation of a legal agreement under Section 106 of the Town and Country Planning Act 1990. Where a S106 agreement is entered into, then it will need to be completed prior to the granting of planning consent. An example of a typical S106 agreement is set out in Appendix 4.

3.0 Space Requirements. 3.1 Policy R10 requires that 6sq.m of local open space per bedspace shall be provided in new residential developments (equivalent to 0.6 hectares per 1,000 bedspaces). Local open space is defined as purpose provided recreational open space which may incorporate play space. Landscape, topographical or other features of the development site which are to be retained or provided in connection with other planning requirements will not be counted in the 6sq.m standard. 3.2 The number of bedspaces a dwelling contains depends upon how many bedrooms it has and their floor areas. Further guidance for calculating the number of permissible bedspaces is provided in Appendix 1 3.3 Whilst all schemes will be considered on their own merits, the City Council would normally expect the housing mix of a development to determine the type of space to be provided. Within the overall level of provision, the amount of play space to be provided will be determined by the proportion of proposed child bedspaces. Play space should generally be laid out as a combination of formal hardworks (equipment) and informal (softworks) on a ratio of 2:4. This ratio is in keeping with the recommendations of the National Playing Fields Association. 4.0 Provision Options 4.1 Policy R10 states that open space may be provided in one or more of the following ways: a) provision within the development, b) provision elsewhere, c) financial contribution to the Local Authority to provide open space on or off site. Examples of how these options could be applied are shown in Appendix 2. A summary cost table for each alternative per dwelling type is provided in Appendix 3. Provision Within The Development 4.2 The developer will be required to make provision for the design, all capital and other costs of new local open space, including land, in line with the requirements of the City Council. 4.3 There are no standard space types or designs. Each site will have its own particular open space requirements depending upon development type and mix and local circumstances. Early consultation with the Development Department is recommended.

4.4 The developer will be expected to submit full layout drawings and detailed designs of the open space including specifications of plant types, materials, furniture and equipment to be used. Following approval, the developer will be required to layout the space in accordance with these plans. Normally, no dwelling will be occupied without the prior completion of the open space to the satisfaction of the City Council. 4.5 Where a new open space is primarily for the benefit of the development and the developer wishes the Local Authority to adopt and maintain that area, then payment of a maintenance contribution to the Authority is required. Normally this contribution should cover a minimum of five years maintenance costs and will be secured through the signing of a legal agreement. Provision Elsewhere 4.6 There may be instances where physical provision by the developer of open space elsewhere, for example adjoining the development or in the vicinity, may be acceptable subject to the agreement of the City Council. The guidance outlined in Paragraphs 4.2 to 4.6 inclusive would apply. Financial Contribution To The Local Authority 4.7 Payment of a financial contribution to the City Council provides an alternative option to direct physical provision by a developer. This could be by way of the following: a) The developer provides the required area, either on site or off site, at no cost to the City Council and makes a payment to cover all capital and other costs including maintenance if appropriate (see Para 4.6). The City Council would then implement the scheme. b) The developer provides a contribution to the City Council for the purchase of off-site land and for capital and other costs as outlined in Para 4.7a). 4.8 Financial contributions will be calculated on a cost index basis (i.e. average cost of providing local open space to the specification of the City Council) and will take into account the total number of bedspaces, including the proportion of child bedspaces, to be provided in the development. 4.9 In housing developments where physical provision of new local open space is not practicable, particularly of smaller sites, the financial contribution will be the only viable option. Paragraph 2.3 is especially relevant.

4.10 The applicant or developer will normally be asked to make a payment to the City Council for the design, capital and other costs, including land and where applicable maintenance contribution, in lieu of providing the required open space. The Council would use these contributions to improve open space provision in the area subject to local circumstances. For example, the Council may provide open space itself or use the contribution for upgrading or enhancing existing facilities. 4.11 Payment of financial contributions will normally be expected prior to the commencement of operations. Phased payments over a period of time may be more appropriate with larger developments. Precise details of the sum required and payment date will be set out as a planning condition or as part of a S106 legal agreement. 5.0 General Advice 5.1 Developers and applicants are advised to consult the Development Management section of the Development Department prior to submitting planning applications for any new housing development or conversion scheme. 5.2 It is intended that the cost index which would be used for the calculations of payments will be reviewed and updated annually to reflect inflation and construction costs. 5.3 Further information about open space provision in new developments and conversion schemes is available from the Development Department, contact: Development Management:- Tel: 0115 8764447 Planning Policy:- Paul Tansey: Tel: 0115 8763973 5.4 Design guidance to assist developers provide safe and attractive outdoor play opportunities is contained in the City Council's Play Space Policy 1997. Further information is available from the Communities Department, which may also be able to provide guidance on the requirements for other Local Open Spaces within developments depending on the space types involved, contact: Parks & Open Spaces:- James Dymond: Tel. 0115 8764983

Appendix Bedspace Calculation 1.1 Residential development should provide local open space to serve the development on a pro rata basis of 0.6 Ha per 1,000 bedspaces (6 sq.m per bedspace). This is derived from the National Playing Fields Association's minimum standard for chiidren's use referred to in PPG 17 Sport And Recreation. 1.2 The following illustrates how the bedspace standard can be related to bedroom size using criteria set out in the 1985 Housing Act. Permitted Number Of Bedspaces 1.3 The permitted. number of bedspaces per dwelling will normally be whichever is the less of: a) the number of available bedrooms as specified in Table 1, or b) the aggregate number of bedspaces based upon individual bedroom fioor areas set out in Table 2. Table 1 Number Of Bedrooms Number Of Bedspaces 1 2 2 3 3 5 4 8 5 or more 2 for each room

Table 2 Floor Area Of Bedroom Number Of Bedspaces 8.36 sq.m or more 2 4.65 sq.m to 8.35 sq.m 1 Less than 4.64 sq.m 0 Not habitable 0 Measurement Of Rooms 1.4 Bedspace capacity will be based upon the net floor area of a room and not the gross figure or alternative calculation such as available circulation space. 1.5 In calculating the net floor area, a developer will be aware that, a) measures are to be taken at floor level and to the back of any skirting boards, b) any part of the floor over which the ceiling height is less than 5ft must be excluded, and c) the area covered by fixed cupboards or chimney breasts and within the area of any bay is to be included. 1.6 The net floor area of each bedroom should be indicated on plans submitted as part of any planning application.

Appendix 2 Local Open Space Cost Index 2.1 The following figures reflect average costs per sq.m as at July 2011, (to be updated annually), of providing local open space to the required specification of the City Council (A 33.2% rise from 1997 based on the Consumer Price Index). Item Cost in per sq.m Equipped play area Capital 67.53 Maintenance 3.38(per annum) Local open space (excluding playgrounds) Capital Maintenance 28.11 1.41(per annum) Land (where appropriate) Capital 31.97 Note: Maintenance is based on 5% per annum of capital cost (excluding land) Example Calculations 2.2 Local open space may be provided in one or more of the following way, a) Provision within the development b) Provision elsewhere, or c) Financial contribution to the Local Authority. 2.3 Unless a developer intends to provide and subsequently maintain the open space in perpetuity, then a financial contribution will be payable to the Local Authority. The following examples indicate how the cost index would be used to calculate the scale of this financial contribution.

Example A: Provision Within The Development 2.4 A development of 3 bedroom family houses is proposed, each house consisting of 2 adult and 2 child bedspaces. The developer provides the site for local open space, designs and implements the facility in accordance with agreed specification. Developer requests the City Council to adopt and maintain the site. All costs to be borne by the developer. Maintenance contribution required equivalent to 5% per annum of capital costs for a minimum of 5 years. Calculation (per 3 bedroom dwelling) i) 2 adult bedspaces Capital 28.11 sq.m x 6 sq.m x: 2 bedspaces = 337.32 Maintenance 28.11 sq.m x 6 sq.m x 5% p.a. x 5 yrs x 2 bedspaces = 84.33 ii) 2 child bedspaces Capital 67.53 sq.m x 6 sq.m x 2 bedspaces = 810.36 Maintenance 67.53 sq.m x 6 sq.m x 5% p.a. x 5 yrs x. 2 bedspaces = 202.59 iii) Total maintenance contribution, i + ii = 286.92 Example B: Provision Elsewhere 2.5 A development of 3 bedroom family housing is proposed, each house consisting of 2 adult and 2 child bedspaces. The developer provides the site for the local open space but makes a financial contribution in lieu of the capital and other costs of laying out the site and requests the City Council to adopt and maintain the facility. Calculation (per 3 bedroom dwelling) i) 2 adult bedspaces Capital 28.11 sq.m x 6 sq.m x 2 bedspaces = 337.32 Maintenance 28.11 sq.m x 6 sq.m x 5% p.a. x 5 yrs x 2 bedspaces = 84.33 Sub Total = 421.65 ii) 2 child bedspaces Capital 67.53 sq.m x 6 sq.m x 2 bedspaces = 810.36 Maintenance 67.53 sq.m x 6 sq.m x 5% p.a. x 5 yrs x 2 bedspaces = 202.59 Sub Total = 1,012.95 iii) Total contribution i + ii = 1,434.60

Example C: Financial Contribution To The Local Authority 2.6 A development of 3 bedroom family housing is proposed, each house consisting of 2 adult and 2 child bedspaces. The developer does not provide the site for local open space but makes a financial contribution in lieu of provision and for maintenance. Calculation similar to Example B plus a contribution towards off site land purchase. Calculation (per 3 bedroom dwelling) i) 2 adult bedspaces Capital 28.11 sq.m x 6 sq.m x 2 bedspaces = 337.32 Maintenance 28.11 sq.m x 6 sq.m x 5% p.a. x 5 yrs x 2 bedspaces = 84.33 Sub Total = 421.65 ii) 2 child bedspaces Capital 67.53 sq.m x 6 sq.m x 2 bedspaces = 810.36 Maintenance 67.53 sq.m x 6 sq.m x 5% p.a. x 5 yrs x 2 bedspaces = 202.59 Sub Total = 1,012.95 iii) Land purchase Capital 31.97 sq.m x 6 sq.m x 4 bedspaces = 767.28 iv) Total contribution i + ii + ill = 2,201.88 Example D: Financial Contribution To The Local Authority 2.7 A conversion of a former factory building is proposed to form student accommodation comprising 220 study bedrooms. The developer does not provide the site for local open space but makes a financial contribution in lieu of provision and for maintenance. Calculation similar to Example C, but based upon adult contribution only. Calculation (per study bedroom) i) 1 adult bedspace Capital 28.11 sq.m x 6 sq.m x 1 bedspace = 168.66 Maintenance 28.11 sq.m x 6 sq.m x 5% p.a. x 5 yrs x 1 bedspace = 42.17 Sub Total = 210.83 ii) Land purchase Capital 31.97 sq.m x 6 sq.m x 1 bedspace = 191.82 iii) Total contribution i + ii = 402.65

Appendix 3 Summary Cost Table 3.1 Payment of a commuted sum to the Local Authority will normally be required. To assist calculation of the correct sum, typical costs per dwelling type are set out in Table 1 below. (It should be noted that these are sample costs only, based upon the formula contained in Appendix 2. Bedspace capacity should be calculated according to the criteria set out in Appendix 1 - it does not follow that all 3 bedroom houses contain 2 adult and 2 child bedspaces.) Table 1. Provision Of Local Open Space Summary Cost Table Type of accommodation Bedspace / hotel room / student accommodation Number of bedspaces Financial Contribution Per Dwelling Provision within development Financial contribution to Local Authority 1 adult 42.16 402.65 1 bedroom 2 adult 84.32 804.86 2 bedroom 2 adult + 1 child 185.61 1,503.50 3 bedroom 2 adult + 2 child 286.92 2201.88 4 bedroom 2 adult + 3 child 388.21 2900.10 Additional child 101.30 698.30 Occupation 3.2 It is assumed that the first bedroom of any dwelling will be an adult bedroom and that, space permitting, this will be occupied by two adult bedspaces. Open space contributions for the second and all additional bedrooms will be calculated at the child rate.

Example Legal Agreement Appendix 4 THIS AGREEMENT is made the day of BETWEEN 1. Nottingham City Council ( the Council") 2.("the Owner") WHEREAS: (1) The Owner has the freehold interest in land and premises shown surrounded by a broken black line on the attached plan ("the Plan") being land and buildings at ("the site'') (2) The Council are the Local Planning Authority for the purposes of the Town and Country Planning Act 1990 ("the 1990 Act'') for the area in which the Site is situated. (3) On the 201 the Owner applied to the Council for outline planning permission under Reference Number ( the Development'') (4) The Council has resolved that upon completion of this Agreement it will grant planning permission ("the Permission'') for the Development subject to conditions. (5) It is the Council's wish and purpose of this Agreement to secure the provisions of appropriate off site open space and the Council and the Owner have agreed to enter into the provision of this Agreement NOW THIS DEED WITNESSETH as follows: 1. This Agreement is made pursuant to Section 106 of the 1990 Act which Section shall apply to the covenants hereinafter contained to the intent that they shall bind the Owner and its successors in title and assigns.

2. The covenants and obligations contained in this Deed shall only come into effect on the date upon which the Development shall be commenced by the carrying out on the Site pursuant to the Permission of a material operation as later defined in this Agreement. 3. No person shall be liable for any breach of the covenants restrictions or obligations contained in this Agreement occurring after he has parted with his interest in the Site or the part in respect of which such breach occurs. 4. If the permission shall expire before the development has been initiated within the meaning of Sections 56 91 92 and 93 of the 1990 Act or is revoked or otherwise withdrawn before the development has been initiated this Agreement shall cease to have effect. 5. Nothing in this Agreement shall be construed as prohibiting or limiting any right to develop any plan of the Site in accordance with a planning permission granted by the Council or the Nottinghamshire County Council or by the Secretary of State on appeal or reference to him after the date hereof. 6.1 For the purposes of this clause the following expressions shall have the following meanings as ascribed to them:- "commuted sum" means [such amount as shall be calculated by reference to the formula contained within the Supplementary Planning Guidance prepared by the Council a copy of which is annexed to this Agreement to provide appropriate off-site open space for the benefit of local residents] the sum of to ]. "material operation" shall have the same meaning ascribed to it by section 56 (2) of the 1990 Act. "payment date" means the date 14 days after (a) the carrying out by the Owner of a material operation on the Site in implementation of the Permission (b) agreement between the Owner and the Council as to the amount of the commuted sum (such agreement on the part of both parties not to be unreasonably withheld or delayed) or (c) determination of the commuted sum following a referral to arbitration in accordance with the provisions of clause 6.4 below which ever shall be the later. 6.2 The parties to this Agreement agree that the Commuted Sum will be increased by an amount bearing the same proportion to the commuted sum as borne by any increase in the Retail Price Index or any official publication substituted for it over the period between the date of this Agreement and the payment date.

6.3 The Owner hereby covenants with the Council (such covenant to be a planning obligation for the purposes of Section 106 of the 1990 Act) (a) to pay the commuted sum to the Council upon the payment date (b) to give to the Council at least 28 days notice in writing of its intention to carry out a material operation in implementation of the Permission and (c) not withstanding the provisions of (a) and (b) above not to use or occupy or permit to be used or occupied the Development of any part or parts thereof until the Commuted Sum has been paid to the Council. 6.4 The Council shall upon receipt of the notice from the Owner referred to in clause 6.3 above calculate the amount of the commuted sum in accordance with the terms of this Agreement together with any increase arising under clause 6.2 and will as soon as practicable give details of such amount to the Owner. In the event that the Owner does not accept the Council's calculation of the commuted sum he must within 14 days of the receipt by the Owner of the Council's calculation refer the question to an independent arbitrator appointed (in default of agreement) by the president of the local branch of the Royal Institution of Chartered Surveyors and the Owner shall give notice of such referral to the Council as soon as practicable. In the event that the Owner does not refer the question of the calculation of the Commuted Sum to arbitration within the timescale mentioned above he will be deemed to have accepted the Council's calculation. The costs of the appointment and reference to arbitration shall be met by the Owner. 7. All notices approvals consents or other documents involving the Council under the provisions of this Agreement shall be issued by or served on the Council's Director of Development. 8. In this Agreement the expression "the Council" and "the Owner" shall include their respective successors in title and assigns and the expression "Director of Development" shall include any other officer of the Council for the time being authorised to issue consents or refusals for the purposes of the Town and Country Planning Legislation. 9. This Document is executed as a deed and is delivered on the date stated at the beginning of this Deed. IN WITNESS whereof the Parties hereto have executed this Document the day and year first before written.