planning obligations (section 106) supplementary planning...

Planning Obligations (Section 106) Supplementary Planning Document

www.islington.gov.uk

Using Planning Obligations to Achieve Sustainable Development

July 2009

1 Summary 4

2 Introduction 82.1 Purpose of the Document 82.2 Infrastructure Planning 82.3 S106 Agreements and Planning Obligations 92.4 When Planning Obligations can be used 92.5 Obligations Required in Islington 10

3 Policy Framework 143.1 Central Government 143.2 The London Plan 153.3 Islington Sustainable Community Strategy 163.4 Islington Local Area Agreement 173.5 Islington Corporate Plan 173.6 Islington Unitary Development Plan 173.7 Islington Area Strategies Supplementary Planning Guidance 183.8 Islington Local Development Framework - Core Strategy Issues andOptions 183.9 Other Documents 18

4 Negotiating planning obligations 214.1 Procedure 214.2 Consultation 244.3 Payment of Contributions 244.4 Viability 254.5 Legal and Monitoring Costs 25

5 Standard Obligations and Charges 275.1 Transport and Public Realm 285.2 Open Space 355.3 Sport and Recreation 385.4 Employment, Training and Local Procurement 405.5 Community Provision 445.6 Children and Young People's Play and Informal Recreation 465.7 Construction Practice 48

6 Other Obligations 516.1 Education 51

Planning Obligations Draft SPD Islington Council

Contents

6.2 Health 526.3 Mixed Use Development in the Central Activities Zone 526.4 Environmental Sustainability 556.5 Community Safety 576.6 Public Art 576.7 Historic Environment Conservation 586.8 Other 59

7 Implementation 61

1 Appendix: Summary Table 64

2 Appendix: Average Occupancy Rates and Child Yield 69

3 Appendix: Development Example 72

4 Appendix: Standard Heads of Terms 77

5 Appendix: Frequently Asked Questions 81

6 Appendix: Further Information 86

Islington Council Planning Obligations Draft SPD

Contents

3Planning Obligations Draft SPD Islington Council

1 Summary

1 Summary

1.0.1 Planning obligations are used as part of the planning application process toaddress specific planning issues arising from a development proposal. Theyare normally agreed between the Council, land owners and developers withinlegal agreements (Section 106 agreements) and are intended to make adevelopment acceptable which would otherwise be unacceptable in planningterms.

1.0.2 Planning obligations can be used to specify the nature of development,address the impacts of development and to contribute to infrastructure needsassociated with the proposal. They can help to ensure that new developmentis sustainable and assist in meeting the objectives of the Islington SustainableCommunity Strategy, Islington’s Core Strategy (part of the Islington LocalDevelopment Framework) and other relevant policies.

1.0.3 This document provides details of the Council’s policies on planningobligations, information on standard obligations and charges, and theprocedure for agreeing a Section 106 (S106) agreement. Proposals of thefollowing types and size will require a S106 agreement:

Proposals for ten or more residential units

Student housing/ hotels/ hostels with ten or more rooms

Commercial and employment developments with an increase of 500square metres gross external floorspace or more

Other proposals where necessary

1.0.4 Standard obligations are used to provide certainty and to speed up theplanning process. Charges are calculated using formula and are applied toproposals using average occupancy and employment levels. In some cases,other obligations may also be required. A summary of the main requirementsis provided below and more information can be found in Section 5 andAppendix 1.

A contribution towards transport, public realm, environmental, leisureand community improvements to address the impacts and needsassociated with development.

The provision of public open space within the development site or acontribution towards the provision and enhancement of off-site publicopen space if this cannot adequately be achieved on-site. Additionalspace for play and informal recreation or an equivalent contribution,where this is not feasible, should be provided in residentialdevelopments.

Islington Council Planning Obligations Draft SPD4

1 Summary

A commitment to providing employment and training opportunities duringthe construction and operation of the development and to adhere to theCode of Local Procurement.

Meeting the standards set out in the Code of Construction Practice andassociated costs.

The repair and reinstatement of footways and highways adjacent to thedevelopment.

Other obligations as necessary.

1.0.5 Details of affordable housing requirements are not addressed in thisdocument, but will be included within the Core Strategy and supportingLocal Development Framework documents. Further information on otherobligations which may be required where a specific need arises, includingthose relating to education and health, are set out in Section 6.

1.0.6 Members of the public and interested parties have the opportunity to makecomments on any particular planning proposal during the consultation periodon the application. This may include any particular impacts or other issuesarising from a development that may be addressed through planningobligations. A process of internal consultation also takes place with relevantofficers and local councillors.

1.0.7 The Council also undertakes consultation on various strategies anddocuments which help to inform the use of S106 contributions. Furtherconsultation is also carried out on specific projects funded through S106contributions.

1.0.8 This document was consulted on publicly in Autumn 2008. Details of theconsultation process for the SPD are set out in a Consultation Statementwhich is available on the Council's website at:https://www.islington.gov.uk/Environment/Planning/PlanningPolicy/Planning_Obligations/

1.0.9 A Sustainability Assessment and Equalities Impact Assessment have beencarried out for this policy which are also available on the Council's Website.


1 Summary

1.0.10 Should you wish to receive a copy of these documents in large print or Braille,audiotape or in another language, please contact 020 7527 1834.

Photographer: Keith Collie


1 Summary


2 Introduction

2 Introduction

2.1 Purpose of the Document

2.1.1 This Supplementary Planning Document (SPD) on Planning Obligationsupdates existing guidance on the use of planning obligations and providesfurther information on the application of relevant policies within the LondonPlan, the Islington Unitary Development Plan (UDP) and other relevantsupporting documents. It will give developers, members of the communityand other stakeholders a clear indication of what obligations are likely to berequired in order to contribute to the delivery of social and physicalinfrastructure necessary to support new development andmitigate the impactsof development. Planning obligations will be used to help deliver the IslingtonCore Strategy (part of the Local Development Framework) which will set outthe spatial vision for the borough and will include details of infrastructureneeds.

2.1.2 The SPD will assist developers in allowing for the costs of obligations in theirfinancial planning, and help to reduce time required to negotiate and agreeobligations, speeding up the developmentmanagement process and providingmore certainty for all parties. It also sets out the process for entering into aS106 agreement and how the requirements of the Council have beenassessed.

2.1.3 The SPD will be a material consideration when determining planningapplications. Should the level of mitigation that is required to ensure that adevelopment is sustainable not be agreed to, the proposal will be refusedplanning consent. Details on affordable housing requirements are not setout in this document but will be included in the Core Strategy and supportingLocal Development Framework documents.

2.2 Infrastructure Planning

2.2.1 The Government have proposed legislation for the introduction of aCommunity Infrastructure Levy (CIL), the purpose of which would be to fundinfrastructure to support the development of an area. This would be providedthrough a tariff system applied to new development based on an infrastructureplan for the area which would be included as a part of the Islington LocalDevelopment Framework (see Section 3). Further legislation will set out thedetails of CIL and will enable this to come into effect. Prior to this, thegovernment have encouraged Local Planning Authorities to progress withdeveloping tariff systems which can be applied under existing legal powers(Section 106 of the Town and Country Planning Act 1990, as amended) toaddress infrastructure needs associated with new development. Thisdocument sets out the details of such a tariff system through the use ofstandard charges and other standard obligations. Should the Council decideto adopt a CIL this will replace the use of planning obligations for some of


2 Introduction

the issues addressed in this document. Guidance relating to other issues ishowever likely to continue to apply. In this instance further information onthe application of a CIL will be published.

2.3 S106 Agreements and Planning Obligations

2.3.1 Section 106agreements (S106)are legalagreements,typically betweenlocal authorities anddevelopers, whichare used to addressissues arising fromdevelopmentproposals to ensurethat they areacceptable. Theagreements includedetails of planningobligations whichare specific requirements to be fulfilled by developers to ensure that impactsarising from a new development are addressed. For example, where thereis an increase in demand on infrastructure and services resulting from a newdevelopment, planning obligations can be used ensure that these are offsetthrough making improvements to and increasing the capacity of relevantfacilities. However, it is not legitimate for development that would otherwisenot be acceptable to be permitted because of benefits offered by a developerwhich are not necessary to make the development acceptable. Planningobligations can also be included in unilateral undertakings which are legaldocuments, usually written by developers, specifying obligations that theycommit to.

2.4 When Planning Obligations can be used

2.4.1 Planning applications are determined on the merits of each application andthe extent to which they comply with relevant planning policy, unless anyother material considerations indicate otherwise. It may be possible to makesome developments acceptable, which would otherwise not have been,through the use of planning conditions. These are generally used to addresson-site requirements, details of which may need to be approved by theCouncil. Where it is not appropriate to use a planning condition, for exampleto address offsite issues or where ongoing requirements or financialcontributions are necessary, it may be appropriate to use a planningobligation. Planning obligations can be used to prescribe the nature of adevelopment (e.g. require affordable housing), compensate for a specific


2 Introduction

loss or damage created by development or to mitigate a development’simpact. Government guidance in Circular 05/2005 states that where an issuecan be dealt with by a planning condition, this is preferable as it allows forright of appeal and is more straightforward to enforce.

2.5 Obligations Required in Islington

2.5.1 Applicants for development proposals will be expected to enter into a S106agreement with the Council on the following schemes:

Proposals for ten or more residential units

Student housing/ hotels/ hostels with ten or more rooms

Commercial and employment developments with an increase of 500square metres gross external floorspace or more (including office,industrial, retail, leisure and hotel developments).

Other developments where deemed to be necessary

2.5.2 Standard planning obligations and charges will be sought in relation to thefollowing areas, further details of which are included in Section 4 andAppendix 1:

Transport and public realm

Public open space

Sport and recreation

Employment, training and local procurement

Community provision

Children and young people’s play and informal recreation (residentialdevelopment only)

Construction practice

2.5.3 In addition to the above, planning obligations may also typically be soughtto address the following areas where a need arises:

Education (residential development only)

Health (residential/ student housing/ hostel development only)

Mixed use development in Central Activities Zone (office developmentonly)


2 Introduction

Sustainability and biodiversity

Community safety

Public art

Conservation of buildings or places of historic or architectural interest

Archaeological investigations and works

Pedestrian, cycle and disabled access improvements

Public access agreements

Contribution to social service provision for care for the elderly

Management plans (student residential and otherwise where required)

Affordable workspace

Community space and/ or community access plans

Restrictions on the use of the land

Cultural, tourism and visitor facilities (hotels, retail and otherwise whererequired)

Town centre improvements and management

Improvements to neighbouring estates and relevant facilities

Policing facilities

Other obligations necessary to address other issues that arise

2.5.4 Further details on some of these obligations are set out in Section 6. As eachcase is assessed individually, there may be particular reasons why someobligations may be applicable and others not for different applications. Theabove lists are not exhaustive and do not raise every issue that may needto be addressed.

2.5.5 A new S106 agreement will usually be required for new applications, includingwhere there is an existing permission on the site. If a previous planningpermission has been implemented it is appropriate to take into account S106contributions that have been paid when considering a new or revisedapplication on the site. If there is a valid permission on the site which hasnot been implemented it may be appropriate to take into account the termsof the original S106 agreement. New applications will need to be determined


2 Introduction

in the context of policy at the time that they are considered. Any changes inthe nature of units/ floorspace being ‘superseded’ by the new application willneed to be taken into consideration. For example if a greater number ofoccupants will be accommodated in this space as a part of the new applicationthis should be taken into account.


2 Introduction


3 Policy Framework

3 Policy Framework

3.0.1 This SPD provides further guidance on the use of planning obligations inIslington based on the principles established in a range of planning policiesincluded in Government Planning Policy Guidance/ Statements and Circular05/2005, the London Plan, the Islington UDP and the emerging IslingtonLocal Development Framework. The strategic basis for the SPD is alsoprovided by the Islington Sustainable Community Strategy, the IslingtonLocal Area Agreement and the ‘One Islington’ Corporate Plan which outlinea vision for Islington with priorities and targets based upon the needs andaspirations of local people. Other documents that set out the policybackground and evidence supporting this document are also referred to hereand throughout the document as relevant.

3.1 Central Government

3.1.1 The legal basis from which developers can enter into a planning obligationis set out in Section 106 of the Town and Country Planning Act (1990), asamended by the Planning and Compensation Act 1991. Circular 05/2005specifies the government’s policy guidance for the use of planning obligations.It states that the principal objective of the planning system is to deliversustainable development, through which key Government social,environmental and economic objectives are achieved. A planning obligationcan be used when it is necessary for a planning reason, that is, when it isrequired to bring a development in line with the objectives of sustainabledevelopment as set out in relevant local, regional and national planningpolicies.

3.1.2 The Circular includes five tests that planning obligations should meet.Planning obligations should be:

i. relevant to planning;

ii. necessary to make the proposed development acceptable in planningterms;

iii. directly related to the proposed development;

iv. fairly and reasonably related in scale and kind to the proposeddevelopment; and

v. reasonable in all other aspects.

3.1.3 In this way, the principle applies that it is not legitimate for development thatwould otherwise not be acceptable to be permitted because of benefits offeredby a developer which are not necessary to make the development acceptable.


3 Policy Framework

3.1.4 The Circular encourages the use of formulae and standard charges whererelevant to give an indication of the level of contributions likely to be soughtwhich can speed up negotiations and ensure predictability. Local Authoritiesare also encouraged to use and publish standard heads of terms (which setout the main terms of the agreement) and standard agreements whereverpossible to speed up the process. Further details on formulae and standardagreements are set out in the Practice Guidance published by theGovernment in 2006.

3.1.5 This SPD responds to current best practice and government guidance bysetting out the Council’s standard requirements from new development,including details of standard heads of terms and formulae, based upon theprinciples set out in the guidance.

3.2 The London Plan

3.2.1 The London Plan is the Spatial DevelopmentStrategy for London formulated by the Mayorof London. The latest version was published inFebruary 2008 (consolidated with alterationssince 2004) and sets out a social, economicand environmental framework for the futuredevelopment of London until 2025/6.

3.2.2 London Plan Policy 3A.18 states that policiesshould assess the need for social infrastructureand community facilities in their area, andensure that they are capable of being metwherever possible. A range of needs arereferred to, including, primary healthcarefacilities, children’s play and recreation facilities,services for young people, older people and disabled people, as well aslibraries, sports and leisure facilities, open space, schools, nurseries andother childcare provision, training facilities, fire and policing facilities,community halls, meeting rooms, places of worship, public toilets, facilitiesfor cyclists, convenience shops, banking facilities and post offices. It goeson to say that the loss of such facilities should be resisted and increasedprovision be sought, both to deal with the increased population and to meetexisting deficiencies.

3.2.3 Policy 6A.5 states that Boroughs should set out a clear framework fornegotiations on planning obligations and that it will be a material considerationwhether a development makes appropriate provision for, or contributiontowards requirements that are made necessary by and are related to, theproposed development. Negotiations should seek a contribution towards thefull cost of all such provision that is fairly and reasonably related in scale andin kind to the proposed development and its impact on the wider area.


3 Policy Framework

3.2.4 Further relevant policies within the London Plan are referred to within Section5 of the SPD.

3.3 Islington Sustainable Community Strategy

3.3.1 The preparation of the Islington Sustainable Community Strategy (SCS) isled by the Islington Strategic Partnership. This provides a vision for creatinga stronger, more sustainable and inclusive community in which everyone inIslington will have access to excellent services and can realise their potential.

3.3.2 The SCS is focused on delivering three keyobjectives:

Reducing poverty

Improving access for all

Realising everyone's potential

3.3.3 In order to achieve the objectives of theSCS the following priorities for action havebeen identified:

Improving people's employmentprospects and the prosperity of thearea

Improving educational attainment and learning

Tackling health inequalities and improving health

Improving safety and people's feelings of safety

Improving the quality of the environment

Improving the quality of housing

Building stronger, sustainable communities

3.3.4 The Islington Core Strategy will provide a spatial basis for delivering theSustainable Community Strategy. This Planning Obligations SPD will assistin achieving the objectives of the SCS by helping to ensure that theinfrastructure needs, impacts and planning requirements associated withnew development are addressed to ensure the delivery of sustainabledevelopment and communities. This will include the use of S106 agreements


3 Policy Framework

to ensure that improvements are made to the quality of the environment andthat opportunities for training and local employment are created through newdevelopment.

3.4 Islington Local Area Agreement

3.4.1 The objectives of the SCSwill be delivered through the Local Area Agreement(LAA). This is a formal agreement between the Islington Strategic Partnershipand the Government around the achievement of a set of key outcomes andtargets which reflect priorities for change and improvement in Islington. TheLAA originally came into effect in April 2006. Priorities include those relatingto improving learning and attainment, employment and prosperity, healthiercommunities, improving liveability and stronger and safer communities andeconomic development. The SCS's priorities for action will inform the newLocal Area Agreement for 2008 to 2011.

3.5 Islington Corporate Plan

3.5.1 The Corporate Strategy sets out the Council’s vision for Islington for2007-2010 and beyond. The One Islington Vision includes three prioritythemes of listening to Islington, achieving stronger communities, and creatinga greener, cleaner and safer borough. S106 agreements will be used to helpachieve the objectives of One Islington, particularly through improvinginfrastructure, the quality of streets, parks and open spaces, helping toaddress poverty through the creation of employment and training opportunitiesand increasing the amount of suitable housing that is affordable.

3.6 Islington Unitary Development Plan

3.6.1 The Islington Unitary Development Plan (2002) forms part of the StatutoryDevelopment Plan for Islington, along with the London Plan, and providespart of the basis for the council's planning decisions. Strategic Policy ST14(sub-policy 13.5) of the UDP states that the Council will ensure thatappropriate social and environmental benefits are achieved through newdevelopment. Policy IMP13 establishes the Council’s approach to the useof S106 agreements: “When dealing with development proposals, the Councilwill seek to secure benefits for the community through legal agreements indirect relation to the nature and scale of the proposed development, to itseffect on the character of the area and to its likely impact on localinfrastructure, facilities and services.”

3.6.2 The UDP includes a non-exhaustive list of the type of obligations that mightbe sought, including: improvements to the public transport system; provisionof community buildings; open space and play provision; nature conservationmeasures; pedestrian or vehicle access and access to other facilities for useby the public; special measures for the conservation of buildings or places


3 Policy Framework

or architectural or historic interest; provision of affordable housing;environmental or infrastructure improvements which serve the local area;and local recruitment and training agreements.

3.7 Islington Area Strategies Supplementary Planning Guidance

3.7.1 The Area Strategies Supplementary Planning Guidance (SPG) (2004)identifies existing constraints, including areas where the incremental effectof development has given rise to shortfalls in local provision and pressureson the capacity of local facilities. The document assists in identifying wherefuture developments may exacerbate such constraints and shortfalls and itis intended to help address these matters through ensuring that the adverseimpacts of new development are mitigated and that development makes asustainable contribution to the Borough.

3.8 Islington Local Development Framework - Core Strategy Issuesand Options

3.8.1 The Core Strategy is a key document within the Islington Local DevelopmentFramework which will be the spatial development plan for the Borough,replacing the Unitary Development Plan once adopted. The Issues andOptions stage sets out different development scenarios for the borough andprovides the opportunity for consideration by the public and otherstakeholders. The document will consider the infrastructure needs of theborough and in particular the needs arising from additional development. Inthis respect, planning obligations will be a key tool for the delivery of theCore Strategy along with other sources of funding. Further guidance relatingto the use of S106 agreements may be provided on completion of the CoreStrategy and in light of new government policy on infrastructure delivery.

3.9 Other Documents

3.9.1 In determining planning applications linkages will be made with otherstrategies and guidance where appropriate, including the S106 AreaStrategies SPG, the Angel Town Centre Strategy, the Nag’s Head TownCentre Strategy, the Kings Cross Supplementary Planning Document, theFinsbury Park Area Action Plan, the EC1 Public Space Strategy, the ArchwayDevelopment Framework SPD and other theme-based documents (such asthose relating to sustainable transport, accessible housing, affordable housing,open space etc).

3.9.2 Documents particularly relevant to this SPD include the Open Space, Sportand Recreation Assessment carried out by Land Use Consultants and PMP.This includes an up to date audit and analysis of open space, sport andrecreational facilities in the borough. The assessment provides an evidencebase in line with Planning Policy Guidance note 17.


3 Policy Framework

3.9.3 Another important document is the Islington Sustainable Transport Strategy(STS) which outlines the council’s transport objectives, policies andprogrammes up to 2016.


3 Policy Framework


4 Negotiating planning obligations


4.1 Procedure

Pre-application stage

4.1.1 Full consideration should be given to the impacts of the proposeddevelopment and its acceptability in accordance with relevant planning policyand standards. This should include the need to enter into a S106 agreementwith the Council and what planning obligations may be necessary to bring adevelopment in line with the objectives of sustainable development and tomake it acceptable.

4.1.2 Details of the proposals should be submitted to relevant Officers atpre-application stage, who will make an assessment of the impacts of thedevelopment and will provide guidance regarding the likely planningobligations that will be required to ensure that the development is acceptableand is in accordance with planning policy.

4.1.3 The Council aims to agree Heads of Terms (which will form the basis of theagreement) at pre-application stage to ensure that there is sufficient time fordrafting and completion of the agreement prior to determination of theagreement where applicable. During negotiations, if agreement is not reached,the applicant may be invited to provide alternative proposals and relatedjustification.

Application stage

4.1.4 A planning obligations statement and draft Heads of Terms should besubmitted as a part of the planning application, where these are likely to berequired under the guidance set out in this SPD and based on discussionsat pre-application stage. This should specify how the impacts of thedevelopment and the requirements in this SPD and other relevant planningpolicy will be addressed.

4.1.5 This information is necessary for the council to be able to determine theapplication and so an application will not be valid if this information is notprovided. For applications where a sustainability appraisal is necessary, anassessment of the physical, social and economic impacts of the developmentshould be provided. The application will be assessed by officers in accordancewith the procedures referred to above under ‘pre-application stage’. Detailsof the applicant’s solicitor and land title should also be provided. All partieswith an interest in the land should enter into the agreement. It is vital thatthese are identified and informed early in the application process so that thisdoes not delay completion of the agreement.



4.1.6 Advice given by the Council before an application is submitted or in the initialstages of the application, may be subject to alteration during the applicationprocess as a result of further issues that arise during the application andconsultation process. Following agreement of heads of terms, officers willinstruct the Council’s Legal department to commence drafting the agreementso that this is ready for completion within statutory deadlines.

4.1.7 If necessary planning obligations are not agreed to, officers will prepare arecommendation to refuse permission. If agreement is reached and thedevelopment is acceptable in all other matters, officers will prepare arecommendation to grant planning permission subject to the completion ofa S106 agreement. Heads of Terms will be included in a planning report andwill form part of the basis from which a decision is made, usually by a planningcommittee. Following the committee decision, should the applicant not bewilling to complete the agreement under these terms and within a reasonabletimescale, the application will be refused.



4.1.8 The Planning Obligations Process



4.2 Consultation

4.2.1 Local residents, stakeholders and the public can make comments on aplanning application during the statutory consultation period. Consulteesmay identify particular impacts or other issues that are likely to arise from adevelopment and potential areas for mitigation. A process of internalconsultation also takes place with relevant officers and local Councillors.The Council will consider comments submitted and establish whether it isappropriate to use planning obligations to address issues raised. If so officerswill seek to agree the terms of relevant obligations with the applicant wherethese have not already been addressed. Further information on how tocomment on planning applications is set out in Appendix 5 and in the guidancenote called 'Consultation on Planning Applications' available at:http://www.islington.gov.uk/Environment/Planning/Involve/

4.2.2 Comments received during the application stage will also be reviewed at thetime of implementation of the agreements when contributions are receivedby the Council and consideration of project proposals.

4.2.3 The Council also undertakes consultation on area strategies and frameworks,specific projects to improve facilities such as streets and open spaces, andfor the purposes of informing other borough wide strategies and assessments,for example, the Sustainable Transport Strategy and the Open Space, Sportand Recreation Assessment. These are used to help inform the use of S106contributions.

4.2.4 The Council has undertaken extensive consultation on the Islington CoreStrategy Issues and Options and this SPD including a summary documentand questionnaire sent to all households in the borough. Further details onthe consultation process are included in the Consultation Statement thataccompanies this SPD.

4.3 Payment of Contributions

4.3.1 Payment of financial contributions should normally be on or beforeimplementation of the development to enable mitigation and improvementworks to commence during construction of the development and to helpco-ordinate this with the completion of development where feasible. For largedevelopments, the staging of payments may be acceptable. The developermust inform the Council when the relevant triggers have been reached. TheCouncil will normally only receive contributions if construction of thedevelopment is started. Larger infrastructure projects funded through S106contributions may take longer to deliver given the time that may be requiredto put sufficient additional funding in place, to work up details of projects,undertake consultation, obtain relevant consents and address any otherissues that arise.



4.3.2 All financial contributions should be index-linked from the date of committeeto ensure that the value of the obligation does not reduce over time due toinflation. Should a payment not be made on the date due, a late paymentcharge may be applied. The costs of standard charges will be reviewedannually to adjust for inflation in costs.

4.4 Viability

4.4.1 Where a developer has submitted sufficient evidence to show that the requiredplanning obligations (including those relating to affordable housing) wouldrender a scheme unviable, flexible arrangements relating to the timing andlevel of payments may be considered by the Council if the scheme wouldotherwise not be able to proceed and it would have overriding positiveplanning impacts. The extent to which the proposal meets planning policyobjectives will be taken into account against the viability of the developmentand obligations required. Viability arguments would normally be acceptedas a result of abnormal development costs, such as the need to remediatecontaminated land.

4.4.2 If a developer considers that the viability of a scheme should be taken intoaccount sufficient information should be provided to enable this to becomprehensively assessed. This should include details of projectedconstruction costs, sales/ rental values, densities, gross to net floorspace,profits, land value and any further information necessary to evaluate thescheme. A post completion appraisal will also be required to assess theactual costs and returns from development with the requirement to pay anycontribution that was not previously provided if it is shown that this wouldhave been possible. The applicant will be required to meet the council’s costof evaluating any appraisals which will include the appointment of qualifiedindependent assessors.

4.5 Legal and Monitoring Costs

4.5.1 A solicitor’s undertaking will be required to pay the Council’s reasonablelegal fees based on the time taken in preparing the Section 106 agreement.The costs of monitoring and implementing the agreement will be includedwithin the contributions sought.




5 Standard Obligations and Charges


5.0.1 This section sets out information on standard obligations and charges thatthe council will seek. The details provided do not cover all types of planningobligations that may be required for a specific development but, in accordancewith Circular 05/2005, provide an indication of standard obligations and thelevel of contributions likely to be sought, to help speed up negotiations andprovide a level of certainty. A summary of standard obligations and chargesis included at Appendix 1.

5.0.2 The standard obligations and charges are based on an assessment of thenature of impacts of new development, infrastructure needs and planningrequirements applicable to development in the borough. This has been carriedout through responses to the Planning Obligations SPD Issues Paper,seminars with internal consultees and Members, research into the provisionof infrastructure and facilities to meet future demands, as well as experienceof negotiating S106 agreements and offsetting the impacts of newdevelopment within the borough.

5.0.3 Standard obligations and charges are applicable to developments of a certaintype and size (see paragraph 2.5). Charges are worked out on the basis ofthe number of people likely to occupy the development. Further details ofthe potential occupancy of developments are set out in Appendix 2. A workeddevelopment example is included in Appendix 3, while standard heads ofterms are provided to give an indication of the terms that will usually formthe basis of S106 agreements at Appendix 4.

5.0.4 Standard charges are based on the most up to date information available.Should additional relevant information be produced the Council may updatethe charges set out or vary the approach where specific circumstanceswarrant this for a particular site. Charges will be updated annually to reflectinflation in costs. Other important obligations which will be required where aspecific need arises are addressed in Section 6. In certain circumstances acontribution may be sought towards the costs of running a facility or providinga service if this is necessary to ensure that the demands created by adevelopment are addressed.



5.1 Transport and Public Realm

5.1.1 Islington’s transportnetwork suffers from highlevels of congestion andpoor journey timereliability. A continuingincrease in population inIslington, which is alreadya densely populated area,is likely to placeconsiderable additionalpressures on the network.The projected increase inworking population willlead to a rise in tripswithin and into and out of the borough. Increased demand for transport toshopping areas, restaurants, leisure and other services will also have animpact on the number of journeys made, with networks increasingly likely tobe congested throughout the day, not just during peak commuting periods.There will be a pressing need for improved transport links to meet increasedtravel demand and to increase the accessibility of areas where developmentis likely to occur. Given the dense urban form of the borough and high levelsof activity, the quality of public realm and the urban environment is alsoextremely important. The additional pressures that are placed on this throughgreater intensity of use will also need to be addressed. New developmentsalso often require alterations or reinstatement of the public highway.

5.1.2 The following standard obligations will be required to address these issues:

1. Sustainable transport and public realm contribution – a contribution towardstransport and public realm improvements to address the transport needs andimpacts associated with the increase in the number of residents, workers orvisitors in the new development.

2. Site specific transport contributions – contributions necessary to address anyfurther site-specific issues, such as highway reinstatement and provision ofon-street accessible parking.

3. TfL/ public transport contribution – a contribution where necessary to addressthe impacts of the development and/ or increase the accessibility and capacityof public transport services where provided by Transport for London (TfL) orany other transport provider, where requested by these agencies.

4. Other sustainable transport obligations – including the adoption of greentravel plans and removal of eligibility to apply for car parking permits.



5.1.3 Further information in relation to the application of the Council’s transportpolicies within the Sustainable Transport Strategy and other relevantdocuments is set out in a separate Sustainable Transport Guidance Note.

Sustainable Transport and Public Realm Contribution

5.1.4 The promotion of more sustainable transport choices and the need to reducetravel by car is set out as a priority in a range of national, regional and localplanning policies, including, PPS1: Delivering Sustainable Development,PPG 13: Transport, the London Plan, the Islington UDP and the IslingtonSustainable Transport Strategy. A strategic policy in the UDP is to ensurethat all new development maximises accessibility by sustainable modes oftransport and is properly related to the borough's transport and highwaysnetwork. The use of planning obligations to implement this is well establishedin these documents. For example, Paragraph 84 of PPG13 states that:“Planning obligations may be used to achieve improvements to publictransport, walking and cycling, where such measures would be likely toinfluence travel patterns to the site, either on their own or as a package ofmeasures.”

5.1.5 Policy 4B.3 in the London Plan also highlights the importance of ensuringthat the public realm is accessible and usable for all and that planningapplications will be assessed in terms of their contribution to the enhancementof the public realm.

5.1.6 In order to address the transport needs and impacts on the urban environmentassociated with new development, a contribution will be sought towards theimplementation of the Islington Sustainable Transport Strategy (Islington’sLocal Implementation Plan). This identifies a number of programmes andmeasures to manage the transport infrastructure in the borough and help toensure that new development will not have unsustainable transport impacts.The Sustainable Transport Strategy is available on the Council's website atthe following link:http://www.islington.gov.uk/transport/sustainabletransportstrategy/

5.1.7 The objectives of the Sustainable Transport Strategy (STS) are to makeIslington’s transport environment safe, accessible, green, efficient, secure,and attractive. The STS includes programmes to: improve access to rail andUnderground stations and bus interchanges; improve the accessibility ofcrossings and junctions; create safer routes to public transport; enhanceexisting and create new walking and cycling routes, public spaces and cycleparking facilities; deliver transport and environmental improvements in andaround Islington’s town centres and regeneration areas; introduce bus prioritymeasures; implement local safety schemes; promote walking, cycling andother forms of sustainable transport through ongoing education, resourcesand events and the provision of car club facilities; and reducing road trafficvolumes and speeds. Given the existing challenges of high densitydevelopment and congestion, these measures will be vital to ensure that



transport infrastructure and the urban environment can cope with a growingborough and that sustainable transport patterns are adopted. This isparticularly important in areas such as town centres where there are highlevels of activity and congestion and where pressures may be increased bynew development.

5.1.8 This contribution will be used on the programmes set out in the SustainableTransport Strategy and in particular to deliver projects that address theimpacts of the specific development. The contribution will be required for allmajor residential, student residential, hotel, commercial, retail and leisuredevelopments in the borough and on other developments where there arelikely to be significant transport impacts. Details are set out in the followingformula:

Transport and Public Realm Contribution - Standard formula

Residential/ student housing/ hostel/ hotel development

Occupancy of development (residents)1x transport and public realm contribution(£869 per person)2

Commercial and employment development

Occupancy of development (employees) 1 x transport and public realm contribution(£869 per person)2

Other as necessary

Based on projected number of employees/ residents/ visitors

Sources1The predicted number of people occupying a development is based on averageresidential/ student housing/ hotel/ hostel occupancy rates and average employmentdensities, as appropriate – see Appendix 2.

2The transport and public realm contribution is based on the costs of implementingthe Sustainable Transport Strategy, taking into account works that have already beencarried out and the expected level of funding to be received from Transport for London(£228.6m). The cost per person has been calculated based on Islington’s daytimepopulation (residents living and working in Islington, employees travelling into theborough to work and non-working residents) plus residents working outside theborough (263,111), based on information from GLA employment and populationprojections and the 2001 Census.



Site-Specific Transport Contributions

5.1.9 Contributions necessary to address any further site specific issues arisingfrom a new development will be calculated at the time that an application isconsidered. It is likely that the following issues will need to be addressed:

Highway/ Footway reinstatement

5.1.10 The condition of highways and footways around a development make asignificant contribution to the appearance and feel of the development. Theseare however often damaged as a result of the construction process. Byfunding the replacement of agreed areas of the highway around thedevelopment, reinstatement works can be completed in conjunction with thedevelopment to ensure that the required standards and appearance of thesite are maintained. The cost of reinstatement works, including any damageto or relocation of street furniture and the removal of redundant crossovers,will need to be met by the applicant. The Council can provide an estimateof the likely costs by surveying the areas in the vicinity of the site at applicationstage. Alternatively, condition surveys will need to be submitted to and agreedby the Council before and after construction. These will be used to assessthe damage that has occurred as a result of the development and will allowLBI Highways, or Transport for London (TfL) where appropriate, to determinethe extent and costs of reinstatement works required.

5.1.11 Condition surveys should assess the following:

Line and level of footways and carriagewayCondition of surfacingCondition of access coversCondition of Street furniture (including lighting)Condition of gullies, connections, channels and kerbsAll gullies in footway and carriageway to be checked for blockages andto remain free flowingRedundant crossoversBarriers to accessOther relevant issues particular to the site

Site specific works

5.1.12 Any further works to the public highwayor related works necessary to enable adevelopment to take place (e.g.alterations of access to a site) that arenot already covered through theSustainable Transport and Public Realm



contribution will need to be agreed by the Council (or Transport for London/neighbouring authorities where appropriate) and the costs of such works willbe payable by the applicant.

5.1.13 Works to the public highway will be undertaken by the relevant HighwayAuthority (the Council/ Transport for London/ neighbouring authority whereappropriate). However, under exceptional circumstances and where agreedby the Highway Authority, an applicant may enter into a Section 278agreement with the Highway Authority specifying the details of works to becarried out by the applicant.

5.1.14 Where a new road is being built by the developer it may be necessary toenter into a Section 38 agreement with the Highway Authority to enable thisto become adopted Highway.

Accessible Parking

5.1.15 London Plan Policy 4B.5 requires that all future development meets thehighest standards of accessibility and inclusion. In accordance with this, theCouncil requires that adequate parking provision is made for people withmobility or sensory impairments, in connection with new development. Whereit is not possible or acceptable that designated spaces are provided on site,the Council will seek a contribution for the provision of on-street accessibleparking bays in the vicinity of the site.

5.1.16 Standards for the provision of parking for Lifetime Homes and wheelchairaccessible housing are set out in a separate SPD on Accessible Housing.For other uses, the Council will seek to apply the standards set out in BuildingControl Standards BS8300:2001 (Design of buildings and their approachesto meet the needs of disabled people, code of practice).

5.1.17 The council seeks the provision of one accessible parking bay for everywheelchair accessible home or hotel/hostel room provided and fornon-residential developments, a number proportionate to the scale and natureof its use. The cost of providing an on street accessible parking bay is £2000.

5.1.18 Should it not be possible to implement the accessible parking bays on street(e.g. as result of opposition to amending the traffic management order), thecontribution will be used towards accessible transport initiatives to increasethe accessibility of the area for people with mobility and sensory impairments.

Public Transport/ Transport for London (TfL)

5.1.19 New development is likely to put additional pressure on the public transportnetwork, which already experiences high levels of congestion. AllUnderground lines in Islington are categorised by Transport for London as‘crowded’ or ‘very crowded’. A number of the key stations serving the boroughalso experience heavy congestion at peak times.



5.1.20 Where a proposed development is likely to have an impact on public transportprovision or other transport infrastructure managed by TfL, a contributionmay be sought to increase the accessibility and capacity of public transportservices in the area or for other necessary works as required by TfL or otherpublic transport providers.



Other Sustainable Transport Obligations

Travel Plans

5.1.21 The council will require a Travel Plan to be submitted for significantdevelopment proposals. This should set out how the end users of thedevelopment will accord with sustainable transport objectives, identifying apackage of measures that promote sustainable transport, with an emphasison reducing travel by motor vehicles and encouraging walking and cycling.A Travel Plan will be required on developments based on the followingthresholds, although in some circumstances this will also be necessary forproposals that do not meet the thresholds where the nature of thedevelopment warrants this.

Threshold for full travel planLand use80 unitsResidential development2500m2Shopping Centre1000m2A1 Food/non food retail750m2A3/A4/A5 food and drink2500m2B1 including offices2500m2B2 industrial2500m2 or 20 employeesB8 warehousing and distribution50 bedsC1 Hotels50 staffD1 hospitals/medical centres2500m2D1 higher and further education100,000 visitors annuallyD1 museum200 members/regular attendeesD1 places of worship1000m2D2 assembly and leisure (other than

stadia)

5.1.22 If the end-occupier of the development is unknown at the time of submission,the developer should provide an Interim Travel Plan with the planningapplication. A full Travel Plan must then be submitted to the council forapproval within six months of first occupation of the site including a full travelsurvey. A travel plan update should be submitted to the Council (includinga travel survey) three years after occupation of the development for theCouncil’s approval.

5.1.23 Further details on what to include in a travel plan and other relevantinformation is provided in a Sustainable Transport Guidance Note. Wheretravel plan measures are not considered adequate, the council may requireadditional contributions where necessary to help to offset the impacts of thedevelopment.

5.1.24 If a development is phased, an interim Travel Plan for the whole developmentshould be submitted at application stage and a full Travel Plan should besubmitted 6 months after occupation of each phase of the development, withupdates provided after three years.



Removal of eligibility to car parking permits

5.1.25 Islington has a low level of car ownership by national standards, but is sucha densely populated area that the rate of resident-owned vehicles per hectareis the third highest in London and the UK. The Council’s policies on car freehousing will be set out in the Core Strategy.

5.1.26 Given the pressure on Islington’s road network, the limited availability ofon-street parking, the national and London-wide policy objective to reducetravel by private motor vehicle and good public transport accessibility withinthe area, the Council will usually remove the eligibility of residents andemployees in new premises to apply for car parking permits for on streetparking. Applicants must notify prospective purchasers and tenants that thisis the case prior to them entering into a contract to buy or rent a property.

5.2 Open Space

5.2.1 PPG17 Planning for Open Space, Sport and Recreation highlights theimportance of using planning obligations to address open space, sports andrecreation needs: ‘Planning obligations should be used as ameans to remedylocal deficiencies in the quantity or quality of open space, sports andrecreational provision. Local authorities will be justified in seeking planningobligations where the quantity or quality of provision is inadequate or underthreat, or where new development increases local needs.’ (Paragraph 33)

5.2.2 Policy 3D.8 of the London Plan states that all developments will be expectedto incorporate appropriate elements of open space that make a positivecontribution to and are integrated with the wider network. Policy R2 in theIslington UDP seeks to increase the quantity and accessibility of amenityand public open space, while Policy D3 aims to ensure that new developmentsprovide adequate levels of open space.

5.2.3 The Islington Open Space, Sport and Recreation Assessment includes acomprehensive audit of open space provision in the borough. This accordswith the guidance of PPG17 and provides a basis for setting realisticstandards for the provision of publicly accessible open space having regardto the specific characteristics of the borough. It includes an action plan forfuture improvements to existing spaces and the creation of new publiclyaccessible space.

5.2.4 Islington has the second lowest density of green space of all Local Authoritiesin England, second only to the City of London. In the context of a highlyurbanised environment, it is critical that Islington maximises opportunitiesfor the improvement and creation of open spaces to address the needs ofthe increasing resident, working and visitor populations.



5.2.5 The Council considers thatadditional public open spaceshould be provided in newdevelopments to help toensure that, as a minimum,existing levels of open spaceper person are maintained.The level of provision shouldbe based on the standards setout in the Open Space, Sportand Recreation Assessment(5.21 sq m per resident and2.6 sq m per employee andhotel resident). This should be provided in addition to private amenity space,which on its own is insufficient to meet the open space needs of newoccupiers.

5.2.6 Publicly accessible open space should be of a high quality, based on up todate design guidance and proposed designs will need to be approved by thecouncil. A restrictive covenant safeguarding the area’s ongoing use as openspace will be required, as will a management plan specifying arrangementsfor ongoingmaintenance. Should the Council agree to assumemanagementof the space, the ownership of the land should be transferred to the Councilat no cost.

5.2.7 The level of provision of public open space required in a new developmentis based upon the following formula:



Public Open Space Provision – Standard Formula

Residential/ student housing/ hostel development

Occupancy of the development (residents) 1 x standard for open space provision perresident (5.21 sq m) 2 = Level of open space provision required.

Commercial/ employment development

Occupancy of the development (employee) 1 x standard for open space provisionper employee (2.6 sq m) 2 = Level of open space provision required.

Hotel development

Occupancy of the development (residents and employees) 1 x standard for openspace provision per resident and employee (2.6 sq m) 2 = Level of open spaceprovision required.

Formula sources1Based on average residential occupancy rates and average employment densities(See Appendix 2).

2Based on locally derived standards set out in the Islington Open Space, Sport andrecreation Assessment

5.2.8 If the Council considersthat sufficient publicopen space to therequired standardcannot be provided onsite, a financialcontribution will besought towards theprovision of enhancedor new open space andenvironmentalimprovements inaccordance with thestandards and prioritiesset out in the OpenSpace, Sport and Recreation Assessment.

5.2.9 A contribution equivalent to the level of open space that should be providedin accordance with the formula above will be required, based on the followingcalculation:



Open space contribution

Level of open space provision required 1 x cost of open space provision (£163 persq m)2 = contribution due.

Formula Sources1 Based on public open space provision formula, as above.

2Based on average cost of open space improvements in Islington per sq m.

5.3 Sport and Recreation

5.3.1 PPG17 Planning for Open Space, Sport and Recreation, states that: ‘Localauthorities should ensure that provision is made for local sports and recreationfacilities (either through an increase in the number of facilities or throughimprovements to existing facilities) where planning permission is granted fornew developments (especially housing). Planning obligations should be usedwhere appropriate to seek increased provision of open spaces and localsports and recreational facilities and the enhancement of existing facilities.’(Paragraph 23)

5.3.2 Policy IMP13 in the Islington UDP highlights the need to mitigate the likelyimpact of new developments on local infrastructure, facilities and services.The Islington Open Space, Sport and Recreation Assessment includes areview of the leisure needs and forecast demand for facilities to 2016 andbeyond, as well as proposals for the development of facilities to meet existingand projected need.

5.3.3 The Assessment identifies a current shortfall of sports hall provision andprojected shortfall in swimming pool provision in the borough as a result ofincreases in the borough’s population. Given the limited supply of grasspitches within the borough, the provision of built leisure facilities such assynthetic turf pitches (which have high levels of usage and excess demand),is also extremely important. The assessment sets out a series ofrecommendations for increasing existing provision which are required toensure that there are adequate leisure facilities and that the needs of futureresidents are met. These include:

Refurbishment and redevelopment of the Ironmonger Row Baths,Finsbury Leisure Centre, and Sobell Leisure Centre sites.Pursue redevelopment of Archway Leisure Centre as part of the ArchwayDevelopment Framework and regeneration of the Archway DistrictCentre.A continuing programme of improvements to external pitches andassociated facilities.



5.3.4 A contribution will be sought to ensure that there is adequate leisure provisionto meet the needs of new residents and employees. This will be applied toemployees as well as residents, because people working in the area accountfor a significant proportion of use of the borough’s sports and leisure facilities.The contribution is to be based on standards of provision set out in the OpenSpace, Sport and Recreation Assessment which has been carried out inaccordance with Planning Policy Guidance 17, and the costs of facilitiespublished by Sport England.

Sport and recreation contribution

Residential/ student housing/ hostel development

Occupancy of the development (residents) 1 x sports and recreation contribution perperson (£384) 2 = contribution due.

Commercial and employment development

Occupancy of development (employees) 1 x sports and recreation contribution peremployee (£226)3 = contribution due.

Formula Sources1Based on average residential occupancy rates and employment densities (SeeAppendix 2).

2Based on the Islington resident standards set out in the Open Space, Sport andRecreation Assessment and the costs of provision of facilities (Sport England).

Sports halls: standard - 0.32 courts per 1,000 population (Halls with 3 or more courtsonly); cost - £675,000 per sports hall court; £216 per person.



Swimming pools: standard - 9.75 sqmwater space per 1,000 population; cost £10,680per sq m; £104 per person.

Outdoor Pitches: standard - 700 sq.m. per 1,000 population; Cost £92 per sq.m.;£64 per person.

3Formulated from standards set out in the Open Space, Sport and RecreationAssessment using information for the levels of use by non-residents in the borough.

5.4 Employment, Training and Local Procurement

5.4.1 Planning Policy Statement 1 highlights the importance of promoting socialcohesion and inclusion as a part of development that is sustainable. It statesthat plan policies should ensure that the impact of development on the socialfabric of communities is considered and taken into account and that theyshould seek to reduce social inequalities.

5.4.2 A key objective of the London Plan (Objective 4) is to promote social inclusionand tackle deprivation and discrimination. It goes on to say that a key policydirection for achieving this is to tackle unemployment by increasing accessto high quality jobs across London through training, advice and other support.Policy 2A.1 states that a consideration in determining planning proposalswill be the contribution that the development might make to strengtheninglocal communities and economies including opportunities for local businessesand for the training of local people.

5.4.3 Islington’s LocalArea Agreement(LAA) has beendeveloped by theIslington StrategicPartnership tosupport the deliveryof the partnershipvision for theborough set out inthe SustainableCommunityStrategy. A keyobjective of the LAAis to reduceeconomic polarisation and improve the skills of the local workforce. TheIslington UDP seeks that agreements are entered into with the Council tosecure local recruitment and training through new development (PoliciesE16, V5, Imp13).



5.4.4 High levels of deprivation and unemployment persist in the borough.According to the Indices of Deprivation (2007), Islington is the 8th mostdeprived local authority in England. It has above average levels ofunemployment and a high proportion of residents claiming Job Seekers’Allowance and income support. The proportion of long term unemployedresidents is also high compared with other areas. The borough therefore hassignificant employment and training needs.

5.4.5 Increasing opportunities for local employment and reducing deprivation isan essential way in which development can help to create sustainablecommunities within Islington. Using local labour also reduces the need totravel which will help to ensure that development is more sustainable. TheConstruction Skills Network has identified a significant shortage ofconstruction workers in London and puts the need for new recruits in theconstruction industry in London at 14,930 each year from 2008-2012(Blueprint for UK Construction Skills 2008-2012).

5.4.6 As such, the Council requires that opportunities for employment, training andother measures to overcome barriers to employment are provided throughthe construction phase of a development and the end use of a building, asset out in the Code of Employment and Training. Applicants should alsoadhere to the principles set out in the Code of Local Procurement. Furtherinformation on the Council’s requirements relating to the construction phaseand end use of the development are set out here.

Employment and Training

Construction Phase

5.4.7 The Code seeks that construction work placements for local residents shouldbe facilitated during the construction phase of the development, each lastinga minimum of 13 weeks. On larger developments that are expected to lastfor at least 52 weeks, the Council seeks that a Modern apprenticeship isfacilitated, details of which are set out in the Code. The London Borough ofIslington ‘Construction Works Team’ works with employers, responding totheir requirements and providing access to appropriately skilled employees,to assist developers and contractors in meeting local employment obligations.Developers should pay the wages of those undertaking placements at leastthe minimum wage.

5.4.8 The number of placements that are sought is based on the estimated numberof construction jobs likely to be created by each development (1) , and theextent of local training and support needs based on unemployment figures(2). The number of placements sought is as follows:

1 Based on information provided for completed developments in the borough2 The proportion of economically inactive working age population wanting a job

is 7.7% (ONS Annual Population Survey Jul 06-Jun 07)



Construction placements

1 construction training placement per: 20 residential units; 20 student/ hotel/ hostelbedrooms; 1000 sq m new commercial and employment floorspace

5.4.9 Should it not be possible to provide these placements, the Council will seekan equivalent contribution for construction training, support and localprocurement to the enhance the prospects of the use of local employmentin the development. This is based on the following formula:

Employment and training contribution – Construction

Number of construction placements1 x cost of providing construction training andsupport per placement (£5000) 2 = contribution due

Formula Sources1As above

2 Based on the average costs of providing construction training and support perperson in Islington

Operation of development (commercial/ employment developments)

5.4.10 An employment and training contribution will be sought to improve theprospects of local people accessing new jobs created in the proposeddevelopment. This is based on the proportion of Islington residents whorequire training and support as set out in the following formula:

Employment and training contribution – Operation of development

Occupancy of development (number of employees)1 x proportion of Islington residentsrequiring training and support (7.7%)2 x cost of training/ support per person (£2500)3

= contribution due.

Formula Sources1 Based on average employment densities (see Appendix 2)

2Based on the proportion of the economically inactive working age population wantinga job - ONS Annual Population Survey (Jul 06-Jun 07)

3 Based on the average costs of providing training and support relating to the enduse of a development per person in Islington



5.4.11 The Code of Local Employment and Training also sets out the details of theways in which the occupier of a development with employment uses may beexpected to work with the Council. This may relate to issues such as thecreation of employment opportunities for local people and assisting Islington’sEducation Business Partnership in their liaison with schools, colleges andtraining providers to support curriculum development and the provision ofwork experience/ placements.



Local Procurement

5.4.12 Developers are asked tocommit to the principles withinthe Council’s Code of LocalProcurement to ensure thatthe procurement of goods andservices through theconstruction phase allows foropportunities for localbusinesses to tender forthese. This approach isimportant in addressingdeprivation in the borough andincreasing local employment as research has shown that local businessesare more likely to employ local labour and, where local sub contractors areappointed, they spend more in the local economy. This also reduces thelevel of travel involved during the construction process, increasing the overallsustainability of the development.

5.4.13 Appointing suitable local sub-contractors provides developers with advantagessuch as: a reduction in transport and logistical costs, a reduced risk of delays,greater flexibility and reliability of supply of materials to site, better accessto senior management and opportunities for face to face meetings.

5.4.14 The Islington Business and Enterprise Initiative (IBET) works closely withthe main contractors to find opportunities for local companies in theirprocurement programmes and runs events to bring buyers and supplierstogether. IBET has so far identified around 80 businesses which have thesize and experience to win contracts on larger developments in Islington andhas compiled a directory of suitable subcontractors and suppliers which isregularly updated. Contractors have found this to be a useful and valuableservice and have found new companies to add to their supply chains whichthey had not previously known.Further information can be found atwww.islington.gov.uk/business/abet.

5.5 Community Provision

5.5.1 Community facilities provide spaces where people and groups canmeet andaccess a range of important local services. The Islington UDP states thatthe council will seek provision for the community in relation to the likely impactof new development on local infrastructure, services and facilities. LondonPlan Policy 3A.18 specifies that increased provision of social infrastructureand community facilities must be sought to deal with increased populationand to meet existing deficiencies. This identifies a range of needs includinglibraries, nurseries and other childcare provision, community halls and centres,meeting rooms, places of worship, public toilets and facilities for cyclists.



5.5.2 A contribution will be required towards the types of community facilities andprovision referred to above and otherwise where a need arises, to meet thecommunity needs arising from new development. This is based on standardsfor provision and costs of different community facilities in the borough specificto the needs associated with different types of development.

Community contribution

Residential Development

Occupancy of development1 x cost of provision of community facilities per resident(£487) 2

Student housing/ hostel development

Occupancy of development1 x cost of provision of community facilities per resident(£194)3

Commercial/ employment floorspace

Occupancy of development1 x cost of provision of community facilities per employee(£58) 4

Formula Source1Occupancy based on average residential occupancy rates and average employmentdensities (see Appendix 2)

2Based on average costs of providing the following types of community provision inaccordance with the needs of the new development:

-Library provision based on Greater London Regional Standard of 30 sq m for every1000 new persons (Museum, Libraries and Archives Council, 2008) at a cost of£3465 per sq m (Building Cost Information Service) - £104 per person.

-Community centres and halls based on standard of 0.3 facility (average size 204sq m) per 1000 people (Islington Open Space, Sport and Recreation Assessment)at a cost of £1464 per sq m (Build Cost Information Service) - £90 per person.

- Provision for children and young people (children’s centres and youth centres etc)based on the average costs per child and young person in Islington as a proportionof the total population - £293 per person.

3 As for residential development, but not including facilities for children and youngpeople.

4 As for residential development, but not including facilities for children and youngpeople and based on 30% of standards applied to residential development for otherfacilities.



5.5.3 The provision of community facilities as a part of a development is encouragedand may be required where a need for such facilities arises through adevelopment. Onsite community facilities will be taken into account whendetermining requirements for contributions towards community provision.Where this is the case, the Council will usually seek the submission of amanagement plan, specifying details of community access to new facilitiesand other management arrangements. The loss of community space willnormally be resisted in accordance with UDP Policy C5. Where a changefrom community use is acceptable, the Council will seek to mitigate againstany loss through the re-provision or improvement of community facilitieselsewhere.

5.6 Children and Young People's Play and Informal Recreation

5.6.1 The Islington UDP seeks that new housing development should be of highquality and should, where possible, include adequate play space. The LondonPlan identifies the importance of safe and stimulating play facilities for thewelfare and future development of children. It is vital that as the populationgrows, adequate play and informal recreation provision is accessible tochildren and young people. To this end, London Plan Policy 3D.13 requiresthat developments that include housing should provide for play and informalrecreation, based on expected child population generated by the schemeand an assessment of future needs. Supplementary Planning Guidance tothe London Plan has been produced which sets out the details of how thisshould be applied.

5.6.2 The Council seeks that all developments with an estimated child occupancyof ten children or more should make appropriate provision for play andinformal recreation to meet the needs of children and young people withinthe development. 10 sq m of play space per child should be provided. Theneeds of different age groups should be addressed and this should bereflected in provision for the following age groups - 0- 5, 5-11 and 12+. It isalso important to recognise that needs will differ within these age bands andflexibility in design and the multi-use of play areas should be incorporated.The standard for play provision is in addition to other standards for openspace provision referred to above. This has been informed by the OpenSpace, Sport and Recreation Assessment and Supplementary PlanningGuidance to the London Plan.



5.6.3 The presumption is that playareas should be included withindevelopment sites and provisionshould be factored into proposalsat the earliest stage. Play areasshould be of a high quality andbased on up to date designguidance. Details of space forchildren and young people’s playand informal recreation shouldbe provided as a part of theapplication setting out how the proposal meets relevant policy requirements,including information on the location, quantity and design (including layout,landscaping and materials) of the space and how this incorporates theprinciples of best practice. Where a development is to be phased, play spaceshould be delivered within the early phases.

5.6.4 A management plan specifying arrangements for ongoing maintenance andother management issues should be submitted for the Council’s approval.A restrictive covenant safeguarding the area’s ongoing use as play spacemay also be required. Should the Council agree to manage the space,ownership of the land should be transferred to the Council at no cost.

5.6.5 This level of provision of play space required in a new development is basedupon the following formula:

Children and young people’s play and informal recreation

Residential

Estimated number of children in a development 1 x standard for provision of playspaceper child (10 sq m) 2 = Level of provision required

Formula sources1Number of children in a development is projected based on child yield figures (seeAppendix 2).

2 Informed by the Open Space, Sport and Recreation Assessment and SupplementaryPlanning Guidance to the London Plan.

5.6.6 Playspace should be provided on site, but where the Council accepts that itis not possible to provide the required level of playspace on site, a contributionwill be required for new or improved facilities in the vicinity of the site.Developments with an estimated child occupancy of fewer than 10 childrenwill also be required to make an appropriate financial contribution to playprovision within the vicinity of the development.



5.6.7 The playspace contribution will be worked out on the basis of the followingformula:

Play space contribution

Level of play space provision required 1 x cost of play space provision (£290 per sqm)2= Contribution due

Formula Sources1 Based on play space provision formula as above.

2Based on average cost of playspace provision in Islington.

5.6.8 The Islington Open Space, Sport and Recreation and Borough Play Strategy‘A Play Strategy for Islington 2007-2012’ include an audit of playspaces inIslington which will help to determine where improvements should take placeand the nature of works that will be carried out.

5.7 Construction Practice

5.7.1 The Islington UDP highlights the importance of controlling any detrimentalimpacts of new development on the environment and the amenity of the localarea. To this end, the Council requires that developers and contractorscomply with the Islington Code of Construction Practice. This specifiesconstruction practice standards and measures which should be put in placeto address the potential effects of construction, including air pollution, noiseand vibration, traffic congestion, dust, contamination of land and water andwaste disposal. The code also includes requirements regarding liaison withthe community. Other construction related requirements may be addressedthrough planning conditions, such as the submission of a site specificresponse document to the Code of Construction Practice, applying therequirements of the Code taking into account the relevant environmentalissues of the site.

5.7.2 The Council incurs costs in the monitoring of construction practice and liaisonwith developers and the community, which should be met by the developer.The level of monitoring required will depend on a number of factors such asthe size of development, the length of project, whether demolition is involved,the form of construction practices used and associated level of noisegenerated, times of operation and proximity to other properties. Indicativecosts are set out below based on experience of monitoring constructionimpacts.

Construction Practice Monitoring Costs

£100 per residential unit and 100 sq m commercial floorspace. £50 per studenthousing, hotel and hostel bedroom.



Source

Costs based on the resources required for monitoring construction impacts in previousdevelopments in Islington.

5.7.3 In the case of non-compliance with the code, for example, whereunreasonable levels of dirt are brought onto the public highway byconstruction vehicles, the developer will be subject to a non-compliancecharge to address the issues that have arisen.

5.7.4 The Code of Construction Practice is available at:http://www.islington.gov.uk/Environment/Noise/ConstructionNoise/default.asp

5.7.5 Additional obligations may also be sought where there are likely to besignificant construction impacts or where a specific need is identified,including:

The costs of any necessary modification, removal or replacement trafficcalming (to avoid damage/ reduce noise and vibration) will be met bythe applicant.Building condition surveys and structural surveys of properties to becarried out where these may be affected by construction activity orvibrations from construction traffic. Work practices including haulageroutes to be amended as necessary and the costs of any damage willbe met by the applicant.Mitigation measures for the loss of or interference to radio/ televisionsignals to be put in place at the applicant’s expense.




6 Other Obligations

6 Other Obligations

6.0.1 In addition to the standard obligations and charges set out in the previoussection, other obligations may be sought in relation to new developmentswhere relevant. The following is a non-exhaustive list of other potential issueswhich may need to be addressed through Section 106 agreements. Furtherdetails are provided in relation to some of these below:

Education (residential development only)Health (residential/ student housing/ hostel development only)Mixed use development in Central Activities Zone (office developmentonly)Sustainability and biodiversityCommunity safetyPublic artConservation of buildings or places of historic or architectural interestArchaeological investigations and worksPedestrian, cycle and disabled access improvementsPublic access agreementsContribution to social service provision for care for the elderlyManagement plansAffordable workspaceCommunity space and/ or community access plansRestrictions on the use of the landCultural, tourism and visitor facilities including public conveniences(hotels, retail and otherwise where required)Town centre improvements and managementImprovements to neighbouring estates and relevant facilitiesPolicing facilitiesOther obligations necessary to address other issues that arise

6.1 Education

6.1.1 Where a residentialdevelopmentproposal is likely tohave a specificimpact on theprovision ofeducationalfacilities, the Councilwill seekcontributions fornew or improvededucation provisionto meet the needs arising from the development.


6 Other Obligations

6.1.2 Potential impacts on local schools will be assessed on the basis of the numberof children of school age who are likely to live in a development (the ‘childyield’ – see Appendix 2) and the additional costs of meeting the needs arisingfrom the development. This will be based on the following Department forChildren, Schools and Families (formerly Department for Education andSkills) costs, applying the relevant location factor for Islington - £14,830 perprimary pupil; £22,347 per secondary pupil.

6.1.3 Where a development is likely to have an impact on other education provisionsuch as nursery / further education facilities, this may also need to beaddressed.

6.2 Health

6.2.1 London Plan Policy 3A.18 states that increased provision of socialinfrastructure and community facilities, including primary healthcare facilities,must be sought to deal with increased population and to meet existingdeficiencies.

6.2.2 Where it is identified by the Islington Primary Care Trust or other relevanthealthcare bodies that development proposals are likely to have an impacton the capacity of local health services, contributions will be sought for theprovision of new or improved health provision to meet the additional needsarising from new development. The Healthy Urban Development Unit (HUDU)have developed a model which considers the impacts of new developmenton health provision and the costs of offsetting this. Further information onthis can be found at: http://www.healthyurbandevelopment.nhs.uk/

6.3 Mixed Use Development in the Central Activities Zone

6.3.1 A key objective set out in Planning Policy Statement 1, Delivering SustainableDevelopment, is to optimise the potential of development sites toaccommodate, create and sustain an appropriate mix of uses. Mixed usedevelopment is important in ensuring that a range of needs can be metthrough a new development, while contributing to the vitality of an area asthe site is used at different times. UDP Policy E3 requires that a mix of usesis provided in significant new office developments. These should include‘active uses’ at the ground floor which offer a service to the general public(for example retail or restaurant uses) and housing.

6.3.2 London Plan Policy 3B.3 states that wherever increases in office floorspaceare proposed in the Central Activities Zone (CAZ) they should provide for amix of uses including housing. Paragraph 3.151 of the London Plan goes onto say that: ‘London’s economic growth depends heavily on an efficient labourmarket and this in turn requires adequate housing provision to sustain it.Lack of housing, especially affordable housing, is already one of the keyissues facing London employers’.This is particularly relevant in Islington


6 Other Obligations

http://www.healthyurbandevelopment.nhs.uk/

where residential prices are extremely high and there is a need to increasethe level of housing, particularly that which is affordable, to meet high levelsof demand.

6.3.3 A draft indicative map of the CAZ in Islington is shown below. A definitiveplan will be produced as part of Islington’s Core Strategy.

6.3.4 In accordance with these policies, the Council requires that where an increasein office floorspace is proposed, a mix of uses should be provided, includinghousing (in addition to other ‘active’ ground floor uses). The Council willconsider the nature and proportion of different uses on site (including whetherhousing is provided) as a part of the evaluation of each office application. Asufficient mix of uses should be incorporated into the scheme to ensure thatmixed use policies are adequately delivered. For this purpose, based onconsideration of previous sites, where a proposal includes an area equivalentto less than 20% of the increase in office floorspace (over an above whatpreviously may have existed) as non-office uses the Council will seek acontribution for the provision of affordable housing elsewhere. This will bebased on the number of residential units that could reasonably beaccommodated on site taking into account the increase in other non-officeuses and having regard to the average size of housing units in Islington. Thefollowing formula sets out the approach for assessing the level of requiredaffordable housing contribution.


6 Other Obligations

Provision of a mix of uses in office proposals and off-site contribution

(Increase in office floorspace (sq m) x 20%1) minus uplift in non office uses (retail,community space, housing etc) divided by average residential unit size (77 sq mgross internal area) 2 = number of additional housing units that could be achieved. 3

Number of housing units that could be achieved x affordable housing policyrequirement4 x average value for a 58 sq m property5 x 25%6= contribution due.

Sources

1To ensure that a sufficient mix of uses is provided to adequately deliver Mixed Usepolicies, where the uplift in floorspace for uses other than offices is less than 20%a contribution will be sought for the provision of affordable housing or other uses.This has been informed by consideration of these issues of previous sites includingat planning appeal.

2The average unit size in a sample of residential developments built in Islington is58sq m (net internal area). A gross internal area (GIA) figure of 77 sq m will be usedto take account of internal walls, lift lobbies etc.

3Dividing the increase in floorspace (minus other non-office uses) by the averageresidential unit size gives the number of housing units that could potentially beachieved on site.

4 The contribution will be based on the percentage of new housing that should beaffordable.

5 The average value for a 58 sq m property in Islington is £350,000 – based onresearch carried out by Cushman and Wakefield (2008). This will be reviewed on anannual basis.

6The Total Cost Indicator produced by the Housing Corporation has previously beenused to determine the cost of the provision of off-site affordable housing. This is nolonger published and so the costs will be based on an average open market valuefor a 58sq m property in Islington as above. The contribution is based on a proportionof the open market value (25%) reflecting that the costs of delivering affordablehousing will be less than the Open Market Value. This also takes into account thepotential payments that may be made by Registered Social Landlords for affordablehousing and the provision of social housing grant.

6.3.5 Where it is considered by the Council that the provision of housing is notachievable on site, and where the affordable housing threshold will not bemet, provision for an alternative mix of other uses (in addition to office) maybe required such as affordable workspace or space for community use or acontribution towards this.


6 Other Obligations

6.4 Environmental Sustainability

Energy

6.4.1 A strategic policy in the Islington UDP is to promote environmentallyacceptable forms of energy and encourage energy conservation. Policy Env32 states that energy efficiency will be a material consideration in thedetermination of planning applications.

6.4.2 Policies 4A.1-4A.7 in the London Plan require developments to make thefullest possible contribution to minimising carbon dioxide emissions byadopting sustainable design and construction techniques, prioritisingdecentralised energy and achieving a reduction of carbon dioxide emissionsof at least 20% from on site renewable energy generation. Applicants arerequired to produce an Energy Assessment which demonstrates the stepstaken to apply the Mayor’s energy hierarchy set out in the London Plan. Thisshould demonstrate the expected energy and carbon dioxide emissionsavings from the energy efficiency and renewable energy measuresincorporated in the development, including the feasibility of Combined Heatand Power (CHP), Combined Cooling Heat and Power (CCHP) andcommunity heating systems. Such issues will generally be dealt with throughsubmission of supporting information to the planning application and throughplanning conditions.

6.4.3 All developments in Islington will be expected to fully satisfy policyrequirements relating to sustainable energy, specifically by achievingsignificant on-site carbon dioxide reduction, including via use of CHP/CCHPand renewable energy generation. Where it is considered that a developmentwill have a significant impact on local carbon dioxide emissions, as asupplement to on-site measures, the Council will seek a contribution towardsa local climate change fund, which will be used to deliver carbon dioxidereduction projects or infrastructure elsewhere in the borough. This mayinclude developments which are likely to have a particularly significant impacton local carbon dioxide emissions or instances where the planning authoritydeems it genuinely unfeasible for a development to fully comply with relevantenergy policies on-site. In addition, where developments have installedparticular technologies or equipment in order to reduce the development’scarbon dioxide emissions, evidence may be required to demonstrate thatthese technologies are being managed and used effectively in order to deliverthe agreed reduction in emissions on an ongoing basis.

Climate Change Adaptation

6.4.4 The London Plan Policy 4A.9 requires that developments should be adaptedto likely changes in climate. This includes minimising overheating and solargain (4A.10), contributing to reducing flood risk (4A.13, 4A.14), minimisingwater use (4A.16) and protecting and enhancing green infrastructure. Policy4A.14 requires surface water to bemanaged as close to its source as possible


6 Other Obligations

in line with the Mayor’s drainage hierarchy, with developers aiming to achievegreenfield run rates off via rainwater harvesting and Sustainable DrainageSystems (SUDS). Islington also has a draft Climate Change AdaptationStrategy, which will ensure the borough is prepared for likely changes inclimate.

6.4.5 All developments will be expected to comply with relevant planning policyand demonstrate their adaptation to likely climate change. Wheredevelopments are judged by the Local Planning Authority to have a significantimpact on the borough’s capacity to adapt to climate change, developers willbe asked to contribute towards mitigating action linked to the borough’sClimate Change Adaptation Strategy. This will include developments whichare likely to have a significant impact on local drainage, water use oroverheating (including due to the heat island effect) and instances wherethe Planning Authority deems it genuinely unfeasible for a development tofully deliver the above adaptation policies on-site.

Biodiversity

6.4.6 In a densely populated urban area such as Islington, promoting andencouraging habitats for biodiversity is very important, both for wildlife itselfand in promoting quality of life for those who live and work in the borough.New development places additional pressures on Islington's limited supplyof biodiversity resources. Given this context, enhancing urban wildlife throughthe planting of trees and wildlife areas and the integration of features suchas green roofs and walls, and bird and bat boxes is a priority for the borough.

6.4.7 Paragraph 14 of Planning Policy Statement 9 states that when consideringproposals, local planning authorities should maximize opportunities forbuilding in beneficial biodiversity features in and around developments, usingplanning obligations where appropriate.

6.4.8 The London Plan policy 4A.3 states that development should conserve andenhance the natural environment, particularly in relation to biodiversity andeasy access to open spaces. Policy 4A.11 also requires major developmentsto incorporate living roofs and walls where feasible, with smaller developmentsalso encouraged to do so. Further details of Islington’s biodiversity policiesare included in the council’s Green Construction SPG.

6.4.9 Developments will be expected to protect and enhance biodiversity throughsignificant on-site measures, including green roofs and walls, planting andartificial nesting sites, as described in the above planning policy. Where theplanning authority judges it unfeasible for a development to provide asatisfactory level of biodiversity enhancement on site, they will require thedeveloper to make an equivalent contribution to off-site projects whichcontribute to Islington’s Biodiversity Action Plan. Where a development willplace additional pressure on biodiversity in an area of nature deficiency thecouncil will seek a contribution to help address these impacts. Where


6 Other Obligations

developments incorporate a green roof, evidence may be required todemonstrate that the roof has been installed and is being managed effectivelyin order to deliver the associated biodiversity benefits.

6.5 Community Safety

6.5.1 London Plan Policy 4B.6 highlights the importance of creating safe, securerand appropriate accessible environments, with developers required to followurban design principles that “design out crime” and address the fear of crime.

6.5.2 Despite recent overall reductions in crime and similar offending trends,Islington experiences higher volumes of crime than the Metropolitan Policeaverage. With an intensification of uses and a greater number of peopleliving, working, and visiting the borough, there is potential for the number ofcrimes to increase with, for example, more competition over the use of space.Furthermore new people coming into the borough without knowledge of thelocal area, such as hotel residents, may be particularly susceptible to becomevictims of crime.

6.5.3 Where a need is identified in relation to a new development, planningobligations will be sought to implement measures which minimise potentialcrime and the fear of crime, such as improved street lighting, streetscapeworks which design out crime, CCTV. This is particularly relevant on certaintypes of development which may attract or be associated with crime andanti-social behaviour, such as leisure and retail developments/ night clubs/student housing.

6.5.4 Where it is demonstrated by the Metropolitan Police Authority thatdevelopment proposals are likely to have a significant impact on the capacityof police facilities, it may be necessary to make provision of new or improvedfacilities to meet the additional need arising from new development.

6.6 Public Art

6.6.1 The Council will seek the provision of public art as a part of new developmentwhere this can be appropriately provided and encourages the application ofthe Arts Council’s ‘Percent for Art’ scheme. This assumes that a proportion(about 1%) of the capital budget for any building or development is set asidefor commissioning new art and craft works as part of the buildings.

6.6.2 The art should be accessible to the public and where public open space isbeing provided it should be integrated within this using features such asdecorative lighting, water features or paving. Where possible, artists shouldbe involved at an early stage in the design process. Public art also providesthe opportunity to engage with and involve local residents and other groupsin the design of public space which should be undertaken. Proposed worksshould also be discussed with the Council's Arts Officer at an early stageand submitted for the Council's approval.


6 Other Obligations

6.6.3 Provision of art on construction hoardings is strongly encouraged. It providesvisual interest and softens the impact of a development site on the local area,whilst also deterring fly-posting. It also presents opportunities to engage withthe community, young people and involve local artists.

6.7 Historic Environment Conservation

6.7.1 Planning Policy Guidance Note 15 'Planning and the Historic Environment'and Planning Policy Guidance Note 16 'Archaeology and Planning' highlightthe importance of ensuring the preservation and enhancement of the historicenvironment when considering planning applications. The London Plan alsostresses the need to protect and enhance London’s historic environment. Astrategic Policy in the Islington Unitary Development Plan is to preserve andenhance areas of special architectural or historic interest as key elementsof Islington’s character.

6.7.2 Planning obligations may be used to ensure that proposed developmentprotects and enhances the historic environment where this is necessary toensure that it is acceptable in planning terms. Where a development affectsthe historic environment the Council may seek obligations which enable theconservation of buildings or places/ public spaces of historic or architecturalinterest or other relevant obligations. Where appropriate, obligations mayaddress issues such as the repair, restoration, maintenance or relocation ofa heritage asset(s) and their setting; increased public access, the provisionof historical information and improved signage to and from heritage assets;measures for preservation or investigation and recovery of archaeologicalremains and sites; the temporary or permanent display of archaeologicalsites and dissemination of information; and sustainability improvements (suchas loft insulation) for historic buildings.


6 Other Obligations

6.8 Other

6.8.1 Applications are considered on a case by case basis and where an additionalneed arises relating to a development proposal, other obligations will berequired. A non exhaustive list of other potential obligations is included atthe beginning of this section.


6 Other Obligations


7 Implementation

7 Implementation

7.0.1 Most obligations will need to be met on or before ‘implementation’ of thedevelopment. Implementation is the date on which any material operation(3) forming part of the development begins, which includes digging to layfoundations. Developers should notify the Council of their intention toimplement the planning consent and at any other times specified in theagreement. Contributions will normally be paid at this time.

7.0.2 Contributions will be used for projects which address the issues referred toin this document and other needs which may arise by mitigating the impactsof the development. The works undertaken will be informed by a range ofexisting and forthcoming documents which include details of the social andphysical infrastructure needs of the borough which will be affected by newdevelopment. The use of contributions will be informed by consultationundertaken on the planning application, associated planning obligations, andthe infrastructure planning documents referred to above. Where insufficientcontributions are available from one development to deliver a project, thesemay be pooled with other funding sources.

7.0.3 The following documents will help to inform the nature of projects that willbe funded through S106 contributions:

The Islington Sustainable Transport StrategyThe Islington Open Space, Sport and Recreation AssessmentA Play Strategy for Islington 2007-2012The Nag’s Head Town Centre StrategyThe Angel Town Centre StrategyThe EC1 Public Space StrategyThe Archway Development Framework Supplementary PlanningDocumentFinsbury Park Area Action PlanThe Finsbury Park Public Realm and Transport StrategyThe Farringdon, Smithfield and Clerkenwell Public Realm and TransportStrategyThe Kings Cross Supplementary Planning DocumentS106 Area Strategies Supplementary Planning GuidanceThe Islington Biodiversity Action PlanThe Islington Strategic Flood Risk AssessmentOther forthcoming strategies and documents considering infrastructureand service needs.

7.0.4 A number of the documents above are available at the following link:https://www.islington.gov.uk/Environment/Planning/PlanningPolicy/localdevelopmentframework/

3 As defined by Section 56(4) of the Town and Country Planning Act 1990


7 Implementation

7.0.5 If you wish to view any of the other documents please contact 0207 5271834.

7.0.6 On receipt of contributions the Council undertakes a process of evaluationof different project proposals based on a range of criteria, includinggovernment guidance, the terms of the S106 agreement, relevant strategiesand infrastructure/ service provider’s priorities. This is undertaken inconsultation with Ward Councillors and allocations are approved by theService Director for Strategic Planning.

7.0.7 The impact of projects funded through S106 contributions upon equality willbe considered in accordance with the Council’s equality and diversity policy‘Dignity For All’. The organisations involved in the implementation of projectswill be required to comply with relevant equalities policy detailed within the‘Dignity For All’. This is available at the following link:http://www.islington.gov.uk/DownloadableDocuments/CommunityandLiving/Pdf /dignityforall_booklet.pdf


7 Implementation


1 Appendix: Summary Table


Provision/CostsDevelopment TypeTo ProvideTopicTransport andpublic reamInitiatives withinSustainableTransport Strategy.

SustainableTransportand PublicRealmContribution

10 residential units orabove.

£869 per personbased on the costsof implementingthe IslingtonSustainableTransport Strategy

Student housing / hotelor hostel with 10 ormore rooms.500 sq metres uplift incommercial/employment floor space(GEA).Other developmentswhere necessary.

For thereinstatement of, orsite specific works

HighwayandFootway

Costs of carryingout reinstatementworks / site specific

10 residential units orabove.Student housing / hotelor hostel with 10 ormore rooms.

to footways andhighway, followingconstruction

Reinstatement/ Other sitespecificstreetscapeworks

works as identifiedby LBI Highways.Submission ofcondition surveyspre and postdevelopment

500 sq metres uplift incommercial/employment floor space(GEA).

damage and/orrequired as a resultof thedevelopment. Other developments

where necessary.Adequate parkingprovision forpeople with

AccessibleParkingBays

Provision of onedesignatedaccessible parking


mobility or sensoryimpairments, inconnection withnew development.

bay per wheelchairaccessible home/room, or inaccordance with

500 sq metres uplift incommercial/

Building Controlemployment floor space(GEA). Standards

BS8300:2001 or anOther developmentswhere necessary. equivalent financial

contribution of£2000 per bay.

A package ofmeasures thatpromote the use of

Travel Plan Submission andadoption of aTravel Plan.

80 residential units orabove.2500 sq m. uplift in B1floor space (GEA).sustainable

transport by theoccupier of thedevelopment.

Update to theTravel Plan to besubmitted 3 yearsafter occupation.



Other thresholdsreferred to at paragraph5.1.4Other developmentswhere necessary.

For the removal ofeligibility to applyfor parking permits

Car freedevelopment


Inform potentialoccupiers they willnot be eligible for aparking permit.

Hostel/ Student housing/ Hotel or with 10 ormore rooms.

to limit the impactsof newdevelopment oncongestion andparking.

500 sq metres uplift incommercial/employment floor space(GEA).Other developmentswhere necessary.

Adequate openspace provision fornew residents,employees andvisitors.

Public OpenSpace

Onsite provision of5.21 sq m of openspace per resident.


Onsite provision of2.6 sq m. of openspace per500 sq metres uplift in

commercial and employee/hotelguest.employment floor space

(GEA). Where onsiteprovision is notOther developments

where necessary. feasible, acontribution isrequired for offsiteprovision based onthe abovestandards at £163per sq m of openspace.

Adequate sportsand leisureprovision to meet

Sport andLeisureContribution

£384 per resident10 residential units orabove. £226 per employeeStudent housing with 10or more rooms.

Based onstandards in thethe needs

associated withnew development.

Open Space, Sportand Recreation

500 sq metres uplift infloor space (GEA).

Assessment andOther developments,where necessary. costs published by

Sport England.



Adequate space forplay and informalrecreation for

Childrenand youngpeople's

10 sq metres ofplay space perchild.


children and youngpeople living in thenew development.

play andinformalrecreation

Where onsiteprovision is notfeasible, acontribution isrequired for offsiteprovision based onabove standard at£290 per sq m ofplay space.

Initiatives tosupportemployment,

Employmentand training(construction)

Compliance withthe Code ofEmployment andTraining.


training and othermeasures toovercome barriersto employment.

OnsiteConstructiontraining

500 sq metres uplift incommercial/

placements. 1employment floor space(GEA). construction

training placementOther developmentswhere necessary. per 20 residential

units, 20 student/hotel/ hostelbedrooms and1000 sq m ofcommercialdevelopmentWhere this cannotbe provided, acontribution of£5000 perplacement requiredfor training andsupport.

Initiatives tosupportemployment,

Employmentand Trainingcontribution

Contribution fortraining andsupport (seeformula at p25).

500 sq metres uplift incommercial/employment floor space(GEA).training and other

measures toovercome barriersto employment.

(operationofdevelopment)

Other developments,where necessary.



Opportunities forlocal businesses totender for the

Code ofLocalProcurement

Compliance withthe Code.


provision of goodsand services duringthe constructionphase.

500 sq metres uplift incommercial/employment floor space(GEA).Other developments,where necessary.

Adequate fundingto ensure sufficientcommunity

CommunityFacilities

£487 per resident.10 residential units orabove. £194 per student/

hostel resident.Student housing / hotelor hostel with 10 ormore rooms.

provision to meetthe needsassociated with thenew development.

£58 per employee.

500 sq metres uplift incommercial/employment floor space(GEA).Other developmentswhere necessary.

Constructionpractice standards,measures andmonitoring.

Code ofConstructionPractice

Compliance withthe Code


Costs of monitoringconstruction. £100per residential unit/ 100 sq m500 sq metres uplift in

commercial/ commercial andemploymentemployment floor space

(GEA). floorspace. £50 perstudent residential/Other developments

where necessary. hotel/ hostelbedroom.

Other obligationswhere required.

Other 10 residential units orabove.

Specific to site.

Student housing / hotelor hostel with 10 ormore rooms.500 sq metres uplift incommercial/employment floor space(GEA).Other developmentswhere necessary.




2 Appendix: Average Occupancy Rates and Child Yield


The predicted number of people occupying a development is worked out on the basisof the specification of the development proposal i.e. the number of residential unitsof a specific size, the number of hotel/ student housing/ hostel bedrooms and/ or thefloorspace of commercial/ employment uses, multiplied by the relevant residentialoccupancy and employment/ floorspace ratios set out in this Appendix.

Child OccupancyNumber of residents perunit

Residential unit

0.051.271 Bedroom

0.442.032 Bedroom

0.5952.813 Bedroom

0.7753.554 Bedroom

1.23.575 Bedroom

Source: Islington Housing Need Assessment 2007

12 to 16 Age GroupProportion of Total0-16 Population



Residential Unit

0.200.370.431 Bedroom0.200.370.432 Bedroom0.190.390.423 Bedroom0.250.410.344 Bedroom0.330.410.265 Bedroom

Source: 2001 Census Islington Data

Average London HotelOccupancy rate (2007)

Potential guests per roomHotel Accommodation

83.1 %2Hotel bedroom

Source: Hotel Benchmark™ Survey by Deloitte

Students per roomStudent Accommodation11 Bed Units22 Bed Units



Commercial/ EmploymentDevelopment

Area of employment floorspace (sq m) perworkspace

Use Type

19B1 - General Office20B2 - Industry20A1 - Shops13A3 - Restaurant90D2 - Cinemas55D2 - Private Sports Club / Gym40Amusement and Entertainment

1 employee per 2 bedroomsGeneral Hotels1 employee per 3 bedroomsBudget Hotels0.8 employee per bedroom4/5 star Hotels

Source: English Partnerships Employment Densities 2001

With the move to more flexible working practices such as smart working, there hastypically been a reduction in the area of employment floorspace per workplace inrecent years. The above figures are provided as a guide and may be reviewed inrelation to specific sites and when further information becomes available.




3 Appendix: Development Example


3.0.1 The tables below provide a worked example of the main S106 planningobligations sought for a hypothetical development proposal. The tablesidentify the predicted occupancy of the development and the standardobligations and contributions likely to be due under each specific areaaddressed in this document.

3.0.2 For some obligations relating to public open space, employment and training,children and young people’s play and informal recreation and accessibleparking, the Council seeks that provision is made on site. However, whereit is accepted that this is not feasible a financial contribution is likely to berequired. In this instance the level of provision and financial contribution areboth set out below.

3.0.3 The proposal is for a mix of uses including residential and A1 retail space,as follows: 8 x 1 bedroom units, 12 x 2 bedroom units, bx 3 bedroom units,350 sq.m. of A1 floorspace.

3.0.4 Occupancy

Predictedaverage

AverageHousehold

Size

Number ofUnits

ResidentialOccupancy

number ofresidents10.2=1.27x81 Bedroom24.4=2.03x122 Bedroom11.2=2.81x43 Bedroom

Number ofEmployees

Number ofEmployeesper sqm

FloorspaceArea (sqm)

EmploymentOccupancy

17.5=20/350A1 - Shops

Number ofChildren

AverageNumber of

Number ofUnits

Children andYoung PersonOccupancy Children by

HouseholdSize

0.4=0.05x81 Bedroom5.3=0.44x122 Bedroom2.4=0.60x43 Bedroom8.1=Total



Numberof

childrenaged

12 to 16AgeGroupProportionof Total

Numberof

childrenaged5-11


Numberof

childrenaged0-4


Number

ofChildren

Childrenand

YoungPersonOccupancy

12-160-16

Population0-16

Population0-16

Population

0.080.200.150.370.170.430.41Bedroom

1.060.201.960.372.280.435.32Bedroom

0.460.190.940.391.010.422.43Bedroom

1.63.053.46Total

3.0.5 Standard obligations and contributions

Transport and Public RealmContribution tobe Paid (£)

Transport andPublic RealmContribution (£)

Occupancy ofthe

Development39800=869x45.8Resident15207=869x17.5Employees55007=Total

Public Open Space ProvisionLevel of OpenSpace provision

Standard OpenSpace provision

Occupancy ofthe

Development Required(sq.m.)

per person(sq.m.)

238.6=5.21x45.8Residents45.5=2.60x17.5Employees284.1=Total

ORPublic Open Space Contribution

Contribution tobe paid (£)

Cost of OpenSpace Provision

(£)

Level of OpenSpace provisionrequired (sq.m.)

38859=163x238.4Residents7417=163x45.5Employees46276=Total



Sport and Recreation contributionContribution tobe paid (£)

Sports andRecreation

Occupancy ofthe

Development Contribution perperson (£)

17587=384x45.8Residents3955=226x17.5Employees21542=Total

Employment and Training Placements (Construction)Number ofPlacementsrequired

No of units /floorspace perplacement

Units / Areasq.m.

1=20/24Residential Units0=1000/350Employment

Floorspace1=Total

OREmployment and Training Contribution (Construction)

Contribution tobe Paid (£)

Cost ofproviding

Number ofPlacements

constructiontraining andsupport perplacement

5000=5000x1Residential Units5000=Total

Employment and Training Contribution (Operation of the development)Cost of Training/ Support perperson (£)

Islingtonresidentsrequiring

Occupancy ofthe

Developmenttraining andsupport

2500x0.07x17.5Employees3369=Total

Code of Construction Practice Monitoring FeeContribution tobe Paid (£)

Cost per unit/100 sq m

Units / Areasq.m.

commercial/employmentfloorspace

2400=100x24Residential Units



350=100350EmploymentFloorspace

2750=Total

Community ProvisionContribution tobe Paid (£)

CommunityContribution

Occupancy ofthe

Development22350=488x45.8Residents1033=59x17.5Employees23383=Total

Children and Young People's and Informal Recreation ProvisionLevel ofProvision

required (sq.m.)

Standardprovision ofplayspace perchild (sq.m.)

Occupancy ofthe

Development

34.6=10x3.460-4 yr olds30.5=10x3.055-11 yr olds16.0=10x1.612-16 yr olds

ORChildren and young people's and informal recreation contribution


Cost ofPlayspace per

sq.m.

Net Level ofprovisionrequired

10034=290x34.60-4 yr olds8845=290x30.55-11 yr olds4640=290x16.012-16 yr olds23519=Total

Accessible Parking ProvisionNumber ofdisabled

No of units /floorspace

Units / Areasqm

parking baysrequired

sq.m. perparking bay

2=10/24Residential Units2=Total

ORAccessible Parking Contribution


Cost perParking Bay (£)

Number ofdisabled

parking baysrequired

4000=2000x2Residential Units4000=Total




4 Appendix: Standard Heads of Terms


The following standard Heads of Terms are provided to give an indication of theterms that will usually form the basis of S106 agreements for new developmentmeeting the thresholds set out in Appendix 1. Details of standard obligations andcosts are included in Section 5 and Appendix 1.

1. A contribution of £x toward transport, public realm, environmental, leisure andcommunity improvement schemes within the vicinity of the site.

2. The provision of x sq m of public open space with details and managementarrangements to be agreed by LBI or where not achievable, a contribution of £xtowards new or improved open space.

3. The repair and re-instatement of the footways and highways adjoining thedevelopment (to be costed by LBI Highways) and a payment to cover the costs ofany other works to the necessary alterations to the public highway e.g. new accessarrangements. Conditions surveys may be required.

4. A contribution of £x towards the provision of on-street accessible parking oraccessible transport measures. (where relevant)

5. A Travel Plan to be submitted to the council for approval within six months of firstoccupation of the site including a full travel survey (further to draft Travel Plansubmitted as part of the application). A travel plan update to be submitted to theCouncil (including a travel survey) three years after occupation of the developmentfor the Council’s approval. (where relevant)

6. Compliance with the Code of Employment and Training. Facilitation of x workplacements during the construction phase of the development, lasting a minimum of13 weeks, or equivalent fee to be paid to LBI. Developer/ contractor to pay wages(must meet national minimum wage). London Borough of Islington ConstructionWorks Team to recruit for and monitor placement.

7. Compliance with the Code of Local Procurement

8. Compliance with the Code of Construction Practice, including a monitoring fee of£x.

9. Council's legal fees and in preparing the S106 and officer’s fees for the monitoringand implementation of the S106.

10. Other as necessary

Additional Heads of Terms for residential developments:

1. Provision of affordable housing in accordance with relevant policies set out in theCore Strategy and supporting Local Development Framework documents.



2. The provision of x sq m of space for children and young people’s play and informalrecreation, with design details and management arrangements to be agreed by LBIor where not achievable, a contribution of £x towards new or improved playspace.

3. Removal of residents’ eligibility to apply for parking permits.

Additional Heads of Terms for commercial and employment developments:

1. An contribution of £x towards training and support and to enhance the prospectsof local people obtaining employment relating to the end use of the building.

2. For proposals with an increase in office floorspace in the Central Activities Zone,the provision of a mix of uses including housing. A contribution towards provision ofoff site affordable housing where it is accepted that housing cannot be provided onsite.

Additional Heads of Terms for student residential developments:

1. Management agreement, including drop off restrictions, noise agreements, to bemade available to local residents on request.

2. Removal of residents’ right to apply for parking permits.

All payments should be index-linked from the date of committee. The council requiresthat discussions regarding Heads of Terms are carried out at pre-application stageand that details of heads of terms are incorporated as a part of the application orotherwise agreed at this stage. It is also necessary to provide solicitors’ contactdetails and proof of title.

Other obligations which may be required

In addition to the above, planning obligations may also typically be sought to addressthe following areas where a need arises:

Education (residential development only)Health (residential/ student housing development only)Mixed use development in Central Activities Zone (office developmentonly)Sustainability and biodiversityCommunity safetyPublic artConservation of buildings or places of historic or architectural interestArchaeological investigations and worksPedestrian, cycle and disabled access improvementsPublic access agreementsContribution to social service provision for care for the elderlyManagement plans (student residential and otherwise where required)Affordable workspace



Community space and/ or community access plansRestrictions on the use of the landCultural, tourism and visitor facilities including public conveniences(hotels, retail and otherwise where required)Town Centre improvements and managementImprovements to neighbouring estates and relevant facilitiesPolicing facilitiesOther obligations necessary to address other issues that arise

As each case is assessed individually, there may be particular reasons why someobligations may be applicable and others not for different applications. The abovelists are not exhaustive and do not raise every issue that may need to be addressed.




5 Appendix: Frequently Asked Questions


5.0.1 What are planning obligations?

Planning obligations are used as part of the planning application process to addressspecific planning issues arising from a development proposal that cannot otherwisebe dealt with through planning conditions. They are normally agreed between theCouncil, land owners and developers and are set out in legal agreements calledSection 106 agreements. They can also be offered by developers or land ownersin unilateral undertakings, which are most commonly used at planning appeals.

Planning obligations may require developers to provide affordable housing, a financialcontribution towards local improvements, employment and training schemes or othermeasures to address the impacts of a development and to help to ensure that it isacceptable.

5.0.2 What is a Section 106 agreement?

A Section 106 agreement is a legal agreement which includes planning obligationsagreed under section 106 of the 1990 Town & Country Planning Act, as amendedby the Planning and Compensation Act 1991. Where a Section 106 agreement hasbeen entered into, it forms part of a planning permission and is binding on anyonewith a legal interest in the land.

5.0.3 What are planning conditions?

Planning conditions limit and control the way in which the planning permission maybe implemented. Conditions may be imposed on the grant of planning permissionfor a number of purposes including regulating development or use of any land underthe control of the applicant and requiring the carrying out of works on such land.

Conditions cannot be imposed unless they meet six tests, as set out in Circular 11/95which can be found on the Communities and Local Government Website:

http://www.communities.gov.uk/publications/planningandbuilding/circularuse

5.0.4 What are unilateral undertakings?

Unilateral undertakings are similar legal agreements to Section 106 agreements,which also include planning obligations. They are signed by developers and landowners only (and not the Local Planning Authority) and most commonly used duringplanning appeals.



http://www.communities.gov.uk/publications/planningandbuilding/circularuse

5.0.5 What are planning obligations for?

The government has issued guidance in Circular 05/2005 on when and how planningobligations can be used. Circular 05/2005 can be found at:

http://www.communities.gov.uk/publications/planningandbuilding/circularplanningobligations

The Circular sets out five tests that a planning obligation should meet. A planningobligation should be:

relevant to planning

necessary to make a proposed development acceptable in planningterms

directly related to the proposed development

fairly and reasonably related in scale and kind to the proposeddevelopment

reasonable in all other respects

A fundamental guiding principle is that planning permission cannot be bought orsold.

Planning obligations can be used in a variety of ways.

Planning obligations may prescribe the nature of development. Anobligation which requires a developer to provide affordable housing isan example of this.

They can also be used to address the impact of a development on localinfrastructure and services. This might include a financial contributiontowards mitigation measures such as improved transport infrastructure,open space or increasing the capacity of community facilities.

They might also provide compensation for loss or damage created bya development, such as the loss of open space.

5.0.6 When are planning obligations used?

Planning obligations are used when a need arises on a particular development thatcannot be dealt with through a planning condition. This normally applies to largerdevelopments which have more significant impacts than smaller development.Generally planning obligations will be required for proposals which include 10 ormore residential units, 10 or more hotel/ student residential or hostel bedrooms oran increase of 500 sq m or more of commercial / employment floorspace or wherea specific need arises.



5.0.7 When do obligations take effect?

Planning obligations normally take effect when a planning permission is implemented(the date on which any material operation (4) forming part of the development begins,which includes digging to lay foundations but not demolition), or on other time triggersset out in the agreement e.g. six months after implementation. Once a planningobligation comes into effect, it will ‘run with the land’ which means that it will applyto the site until it is discharged, even if the land is sold. If a planning consent is notimplemented, the obligations will not apply. To discharge a planning obligation theowner of the land must write to Council providing evidence that this is the case.

5.0.8 How and where can Section 106 contributions be spent?

Section 106 contributions must be spent in accordance with central governmentguidance in Circular 05/2005 and as set out in the legal agreement between theCouncil and land owner/developer. The works undertaken will be informed bydocuments which include details of the social and physical infrastructure needs ofthe borough and otherwise where a need arises.

Contributions are normally spent on measures to offset the impact of the developmentin the vicinity of the site. This might include improvements to local parks, streets orleisure facilities to help cope with the increased number of people using them. Thereneeds to be a clear link between the impacts of the development and the way themoney is spent.

5.0.9 How can I have a say?

The Council carries out consultation and publicises every planning application itreceives by sending letters to neighbouring properties, posting notices near the site,providing details on the website and sometimes advertising in the local press. Moreinformation can be found in the Council’s guidance note called ‘Consultation onPlanning Applications’ and at www.islington.gov.uk/Environment/Planning/Involve/

Comments on how a development is likely to impact an area and suggestedmeasuresthat could help to mitigate these effects are welcome. These will be taken intoconsideration when assessing the application and determining the nature of planningobligations that may be necessary to make the development acceptable.

The Council also undertakes consultation on area strategies and frameworks, specificprojects to improve facilities such as street and open spaces, and for the purposesof informing other borough wide strategies and assessments, for example, theSustainable Transport Strategy and the Open Space, Sport and RecreationAssessment. These are used to help inform the use of S106 contributions.

4 As defined by Section 56(4) of the Town and Country Planning Act 1990



Consultation has been carried out on the production of this document as a part ofan extensive programme of events carried out for the Core Strategy Issues andOptions. This has included a questionnaire sent to all households in the boroughseeking views on issues relevant to the future of the borough, including the impactsof development and the use of planning obligations.

5.0.10 Who can I speak to if I have a question?

For specific queries on this document, Section 106 agreements and related projectsplease contact the Section 106 Team on 0207 527 2564. Please contact the PlanningEnquiries Team on 020 7527 2000 if you have a general planning enquiry. If youhave a question in relation to a current application please contact the DevelopmentManagement Case Officer.




6 Appendix: Further Information


Further information on S106 agreements, contributions and associated projects canbe requested from the Council at the details below or found on the Council’s website.

S106 Agreements

Copies of completed Section 106 agreements can be requested in writing or foundthrough the Council’s ‘Planning Online’ Service, via the following link:

https://www.islington.gov.uk/Environment/Planning/Online/Default.asp

Click ‘agree’ to the disclaimer, followed by ‘Search the applications database byapplication number, location and dates’. Enter the application details and click onthe application number. The S106 agreement can be found under ‘Document andPlans’.

Other Information on S106 Agreements

Information on policy, process, obligations negotiated, the implementation ofagreements and the delivery of associated projects can be found via the followinglink:

http://www.islington.gov.uk/Environment/Planning/PlanningPolicy/default.asp

A model S106 agreement is also available on the website at this location.

Contact

If you have any queries relating to this document please contact the S106 team at:

The London Borough of Islington

Strategic Planning and Regeneration,

4th Floor,

Municipal Offices

222 Upper Street

London N1 1YA

Tel: 020 7527 2564

[email protected]



Contact Details S106 Team

[email protected] 020 7527 2564 [email protected] 020 7527 [email protected] 020 7527 [email protected] 020 7527 1834

If you would like this document in large print or Braille, audiotape or in another language, please contact 020 7527 2000.

Contact Islington 222 Upper Street, London, N1 1XR E [email protected] T 020 7527 2000 F 020 7527 5001 Minicom 020 7527 1900 W www.islington.gov.uk