planning obligations strategy · 2014, cil will replace planning obligations as a means of funding...

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Royal Borough of Kingston upon Thames

Local Development Framework

Planning Obligations Strategy

Draft Revised

Supplementary Planning Document

for consultation

June 2011

Place and Regeneration: Planning

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Background and Consultation

In March 2010, following public and stakeholder consultation, the Executive adopted

the Planning Obligations Supplementary Planning Document (SPD). This document

has been reviewed and revised for the following reasons: revised regulations

governing Planning Obligations were introduced in the April 2010 and 2011

Community Infrastructure Levy Regulations, further work has been completed on the

Local Development Framework (LDF) Core Strategy, its supporting evidence base

and the Infrastructure Delivery Plan.

Consultation on this draft revised Planning Obligations SPD will take place for six

weeks from 6 June to 18 July 2011. The Council’s Neighbourhood and the

Development Control Committees will be consulted as part of the consultation. The

consultation responses will be reported to the Place and Sustainability Strategic

Committee on 8th September, together with the finalised Planning Obligations SPD

for adoption.

Preparatory work on the introduction of a Community Infrastructure Levy (CIL) in

RBK to help fund new infrastructure will commence in Autumn 2011. From April

2014, CIL will replace planning obligations as a means of funding all off site

community infrastructure, including additional school places, transport and

environmental improvements required in connection with new development and

consequent population growth. Planning obligations will be restricted under the CIL

Regulations to affordable housing and on-site works. The formal process to

introduce CIL is planned to start after the Core Strategy is adopted in Spring 2012. It

involves two rounds of consultation and an Examination in Public by an Inspector

and will take about a year. On this basis CIL could be introduced in RBK in Autumn

2013.

The Mayor of London commenced the formal process to introduce a Mayoral

Community Infrastructure Levy (MCIL) in January 2011 to raise £300 million by 2019

towards Crossrail. The proposed level of MCIL for RBK as set out in the Mayor’s

preliminary Charging Schedule is £35 per square metre. This would be levied on

most development comprising more than 100 square metres and all new dwellings

irrespective of their size. The next stage is publication of the draft MCIL Charging

Schedule and an Examination in Public later this year. Subject to due process the

MCIL could be introduced from April 2012. It would be administered and collected by

the London boroughs and then handed over to the Mayor of London.

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Contents

Page No.

1. Introduction 4

2. Policy Context 5

• National

• London Plan

• Local RBK

3. Use of Planning Obligations for Community Infrastructure 7

• Affordable Housing Provision 9

• Sustainable Place: Community 11

o Education facilities/school places 11

o Health and social care facilities 14

o Leisure/culture/community facilities 16

o Community safety and visitor management 17

o Employment development, training and business support 19

• Sustainable Place: Travel 20

o Highways, sustainable travel measures/travel awareness 20

o Travel Plans, Delivery and Servicing Plans and Monitoring 22

• Sustainable Place: Environment 23

o Public open space, play facilities, biodiversity and public realm 23

o Sustainable construction/climate change mitigation or adaptation 26

o District Heating Network 28

4. Procedures including Management and Monitoring Fees 30

Appendices

Appendix 1: Summary Planning Obligations Matrix

Appendix 2: Summary Schedule of Planning Obligations Appendix 3: Healthcare facilities Figure 22 from the LDF Core Strategy Appendix 4: LIP2 Neighbourhood Delivery Plan Actions Plans and Schedules, plan of car club bays and Rights of Way Improvement Plan Appendix 5: Open space deficiencies Appendix 6: District Heating Networks Plans for Kingston and Tolworth Appendix 7: Worked examples Appendix 8: Standard Forms of Unilateral Undertaking / Planning Agreement

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1. INTRODUCTION – What are Planning Obligations?

1.1 Local planning authorities (LPA) can grant planning permission subject to

conditions and, where appropriate, a planning obligation which is a legal

document made pursuant to Section 106 of the Town and Country Planning Act

1990. They can take the form of an agreement between the LPA) and the

developer/applicant or a unilateral undertaking by the developer to the LPA.

1.2 Planning obligations are a means of securing measures to make a development

proposal acceptable in planning terms and accord with local, regional or national

planning policies. They can be used to mitigate the impact of new development

and accommodate it through off site measures that cannot be secured by

planning conditions. They can:

• Restrict the development or use of the land in a specified way

• Require specified works or activities to be carried out on the land or close to it

e.g. highway works or access improvements

• Prescribe the nature of the development e.g. provide a specific proportion of

affordable housing

• Require the land to be used in a specified way

• Require the transfer of land for e.g. for highway or access improvements

• Require a specific commitment from the development e.g. to travel plans, car

park management, area management or conservation

• Secure financial contributions to mitigate the impact of the development e.g.

towards the provision of additional school places or transport provision or to

compensate for loss or damage e.g. loss of open space

1.3 Planning obligations run with the land and are enforceable against the original

covenanter and anyone subsequently acquiring an interest in the land.

Purpose of this SPD Guidance on Planning Obligations

1.4 This draft Revised Supplementary Planning Document sets out the Council’s

approach to Planning Obligations and explains how the Council proposes to

apply the provisions to development within the Borough, as part of the

Development Management process. It takes account of national and London Plan

policies and forms part of the Local Development Framework.

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2. POLICY CONTEXT

National

Section 106 of the Town and Country Planning Act 1990

The Planning and Compensation Act 2004

Circular 05/2005 Planning Obligations

April 2010 and April 2011 Community Infrastructure Regulations (CIL)

Regional: The Mayor of London’s replacement London Plan 2011

Policy 8.2 Planning Obligations and CIL

The Mayor’s Transport Strategy

Providing for Children and Young People’s Play and Informal Recreation SPD

2008

Local: RBK

Unitary Development Plan (UDP) (2005 as amended) Policies:

• RES2 Planning Conditions and Agreements

• RES6 Provision of Adequate Infrastructure

• RES8 Community Benefit

• NM1, SUR1 and TOL1 District Centre Priorities

Kingston town centre Area Action Plan 2008 Policies:

• K22 Town Centre Infrastructure

• K23 Section 106 Planning Obligations and Developer Contributions

LDF Core Strategy (Publication Version 2011) Policy IMP3

The Kingston Plan 2009 prepared by the Kingston Strategic Partnership

RBK Infrastructure Delivery Plan 2011

2.1 Circular 05/2005 advocates a ‘joined-up’ approach’ with policies on education,

health, transport etc. unified in one document to enable a broad range of social,

economic and environmental objectives to be properly addressed.

2.2 The 2010 CIL Regulations introduced limitations on the use of planning

obligations. They made the tests statutory so that planning obligations must be:

• necessary to make a development acceptable in planning terms

• directly related to the development

• fairly and reasonably related in scale and kind to a development

They make it clear that any benefits that planning obligations provide cannot be

used as a reason for granting planning permission and they limit the pooling of

S106 financial contributions, so that no more than four permissions/obligations

can be pooled for a single project.

2.3 Replacement London Plan 2011 Policy 8.2 indicates that:

• strategic priorities are affordable housing and transport, including Crossrail

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• other important priority uses for S106 funding are measures to mitigate and

adapt to climate change, the improvement of learning and skills, improved

healthcare, child care facilities and small shops

• the existence and content of planning obligations will be relevant in the

consideration of planning applications of strategic importance

• development proposals should reflect strategic as well as local priorities

• boroughs should use DPDs to set out a clear framework for negotiations on

planning obligations.

Local: Royal Borough of Kingston upon Thames (RBK)

2.4 The development plan for the borough comprises the Mayor of London’s London

Plan, the RBK Unitary Development Plan (until the LDF Core Strategy is

adopted) and for Kingston town centre the LDF K+20 Area Action Plan 2008.

On adoption, the LDF Core Strategy will replace the Unitary Development Plan,

supported by the Infrastructure Delivery Plan (a study of local infrastructure

capacity), which assesses the capacity of existing infrastructure and future

requirements to cater for forecast growth in the borough.

2.5 Policies refer to the expectation that new development where appropriate will

contribute towards the costs of delivering public infrastructure, including

improvements to facilities and the environment and provide affordable housing

through planning obligations in accordance with relevant legislation and policies.

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3. COMMUNITY INFRASTRUCTURE

3.1 Community infrastructure covers the physical and social facilities required to

support a community on a daily and long term basis.

3.2 The population of Kingston rose from 147,300 in 2001 Census to an estimated

156,000 in 2006 and 157,200 in 2011. It is forecast to rise further by over 11,000

to 168,400 by 2026, a 7% increase. The increase in population is due to factors

such as new housing, a significant rise in the birth rate and economic factors.

The number of households has also risen and this is forecast to continue. The

borough’s London Plan target for housing growth is 375 new units per year

amounting to 5,625 units by 2026/27.

3.3 Population and housing growth place significant additional demands on a range

of infrastructure provision including schools, open spaces, transport, community

and healthcare facilities and utilities. New development is expected to contribute

towards these additional demands through this Planning Obligations SPD, in line

with relevant legislation, supported by development plan policies, the evidence

base and the Infrastructure Delivery Plan. From 2014, development will need to

contribute towards infrastructure through a Community Infrastructure Levy.

3.4 Circ. 05/2005 and the CIL Regulations provide the guidance that enables local

planning authorities to improve infrastructure to accommodate new development.

A key role of planning obligations is to ensure that the impact of development on

essential services and infrastructure for the local community is properly

assessed and provided for, so that development is sustainable. Planning

obligations can be used to mitigate the adverse impacts of new development on

community infrastructure where these can be overcome by a financial

contribution, the undertaking of works or the provision of an ‘in kind’ benefit.

3.5 This section sets out details of the kinds of planning applications that will require

planning obligations in the form of financial contributions towards infrastructure,

their policy justification and evidence base, qualifying thresholds, standard

charges and in broad terms how the monies will be spent. The contributions are

summarised in the matrix set out in Appendices 1 and 2. Some worked

examples are set out in Appendix 7 to this SPD.

3.6 Community infrastructure is split into four categories in this SPD covering:

1. Affordable Housing

2. Sustainable Place: Community

• Education facilities/school places

• Health and social care facilities

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• Leisure/culture/community facilities

• Community safety and visitor management

• Employment development, training and business support

3. Sustainable Travel

• Highway and access improvements

• Sustainable travel measures/travel awareness

• Travel Plans, Delivery and Servicing Plans and Monitoring

4. Sustainable Environment

• Public open space, play facilities, biodiversity and public realm

• Sustainable construction/climate change mitigation

• District Heating Network

3.7 The Council, as local planning authority, may wish to negotiate other forms of

planning obligations (financial and non-financial) depending upon the site and

development specific circumstances, in order to secure sustainable development

that meets development management and development plan objectives and

policies. For some key development sites, development briefs may be prepared

which will identify planning obligation and infrastructure requirements. In all

cases, the LPA recognises the need to ensure that development schemes

remain viable. The Council’s approach, where appropriate, is based on standard

unit charges to ensure that contributions are fairly related in scale and kind to the

proposed development. Planning contributions may be pooled towards individual

projects, taking account of the limit set out in the CIL Regulations.

3.8 Where appropriate, the Council will use ‘Grampian’ conditions to link on-site

development to actions that will deliver off-site infrastructure e.g. to restrict the

occupation of a development until necessary off-site highway works have been

completed. This can assist in speeding up the decision making process.

3.9 This SPD will be updated as new data becomes available e.g. 2011 Census

data, or to take account of inflation.

3.10 Major development as referred to in this SPD is defined as: schemes of 10 or

more dwellings, schemes on sites of 1hectare or more or schemes providing

1,000sqm or more additional gross floors area.

3.11 Developers will need to fund and where appropriate carry out essential works

e.g. highway works that are crucial to accommodate new development. Overall,

this SPD prioritises affordable housing, which is a Core Strategy and London

Plan priority. On key sites priorities may vary with individual circumstances and

impact. For example, public realm improvements or new public spaces may be

the priority, where they are key to area regeneration.

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1. AFFORDABLE HOUSING

Policy Basis

PPS3 Housing

Replacement London Plan 2011 Policies 3.11-3.14 Affordable Housing

Kingston Plan Objective 6 Increase the supply of housing and its affordability.

RBK UDP Policy H9 Low Cost and Affordable Housing

RBK Affordable Housing SPD 2006 (to be revised in 2012)

RBK Kingston town centre AAP 2008 Policy K7 Housing

LDF Core Strategy (PV 2011) Policy DM15 Affordable Housing

Evidence Base

RBK Strategic Housing Market Assessment 2009

RBK Affordable Housing Viability Study 2011

3.12 Affordable housing includes social rented and intermediate housing (shared

ownership) provided to specified eligible households whose incomes are

insufficient for their needs to be met by the market. This SPD should be read in

conjunction with the above documents and policies. National housing policy set

out in PPS3 supports the provision of affordable housing through the use of

planning obligations. Affordable housing is a London Plan and a local priority due

to high house prices, which has created a particularly pressing need to increase

the amount of affordable housing in the borough.

3.13 London Plan affordable housing policies (3.11-3.14) seek:

• to maximise affordable housing provision and provide an average of at least

13,200 affordable homes over the term of the London Plan 2011

• a 60:40 split between social rented and intermediate housing within affordable

housing provision, with priority accorded to affordable family housing

• the maximum reasonable amount of affordable housing when negotiating on

individual private residential and mixed use schemes, having regard to:

current and future requirements for affordable housing at local and regional

levels; affordable housing targets; the need to encourage rather than restrain

residential development; the need to promote mixed and balanced

communities; the size and type of affordable housing needed in particular

locations and the specific circumstances of individual sites, including

development viability, the availability of public subsidy, the implications of

phased development and other scheme requirements

• the provision of development appraisals by developers to demonstrate that

each scheme maximises affordable housing provision

• on-site affordable housing provision, only in exceptional circumstances should

provision be off-site or through a cash in lieu affordable housing contribution

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• affordable housing provision on sites with capacity to provide 10 or more

homes, applying the London Plan density guidance (Policy 3.4)

• a lower threshold (sites with capacity for less than 10 homes) through the LDF

process where boroughs can justify this, including circumstances where this

will enable proposals for larger dwellings, as small sites make an important

contribution to housing provision and must continue to help meet London’s

need for affordable as well as market housing

• a reasonable and flexible approach from boroughs to securing affordable

housing on a site by site basis.

3.14 RBK LDF Core Strategy Policy DM15 seeks:

• to provide 2,000 new affordable homes by 2026/27

• 50% affordable housing provision on sites with capacity for 10 or more

dwellings

• scaled provision of between one and four affordable units on sites with

capacity for between five and nine dwellings

• a 70:30 split between social rented and intermediate housing within affordable

housing provision

• financial appraisals to justify a lower level of provision

• on-site affordable housing provision unless exceptional circumstances

demonstrate that this would not be viable or practical. In such circumstances

provision on an alternative site or a financial contribution for affordable

housing may be acceptable.

3.15 Analysis of affordable housing provision and available sites during the

preparation of the LDF Core Strategy has concluded that in order to achieve the

step change in affordable housing provision that is required to meet local needs,

the thresholds for the provision of affordable housing need to be lowered from

sites with capacity for 10 dwellings to site with capacity for 5 dwellings, as set out

in Core Strategy Policy DM15.

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2. SUSTAINABLE PLACE - COMMUNITY

2a. EDUCATION FACILITIES/ SCHOOL PLACES

Policy Basis

Replacement London Plan 2011 Policy 3.19 Education

LDF Core Strategy (PV 2011) Policies:

• CS15 Future Needs Schools

• DM23 Schools

Evidence Base

2001 Census data for RBK

Department for Education Building cost multipliers

GLA population forecasts for RBK

RBK Schools Capital Programme and reports to the Council’s Executive 2008-11

RBK housing forecasts

3.16 Up to 2008 the supply and demand for school places was broadly in balance.

Since 2008 there has been a significant increase in demand (28%) for primary

school places due to: a significant rise in the birth rate in the borough (30%)

between 2001 and 2009, new housing development and economic factors.

3.17 The Council has a statutory duty to provide sufficient school places for all

borough children who need a school place. The increase in the number of school

age children is forecast to continue as part of a long term trend requiring a

permanent increase in the number of primary and secondary school places and

associated accommodation through the expansion of existing schools and the

provision of new schools.

3.18 Latest (2011) forecasts indicate that up to 15 additional forms of entry are

required compared with the 2008 level of permanent capacity which was 52.5

forms of entry. Phase 1 permanent expansion of existing schools is due for

completion in September 2011 and will provide 6.5 additional forms of entry. The

new primary school on the Surbiton Hospital site due for completion in 2012 will

provide an additional two forms of entry. Their cost exceeds £46 million and

further temporary and permanent primary accommodation will be required.

3.19 In 2015, the increase in primary aged children will be at an age when they need

to transfer to secondary schools which will require additional secondary school

places from 2014/15 onwards through the expansion of the borough’s eight

community secondary schools and the provision of a new secondary school to

serve the Kingston area (planned on the North Kingston Centre site). The

demand for places for pupils with special educational needs will also increase

with new housing provision and as the population increases.

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3.20 New housing developments over the plan period will result in additional children

and further increase demand for school places, requiring additional school places

and accommodation in existing schools and the provision of new schools.

3.21 Whilst central Government issues a basic needs assessment to local authorities

(to borrow funds) in order to meet rising school rolls, these approvals are

contingent on Local Authorities using their best endeavours to secure planning

obligations as enabling funding.

When will education contributions be sought?

3.22 The Council will seek financial contributions towards the provision of additional

school places/accommodation from all residential development proposals that

would result in additional children and where it would create or exacerbate a

shortage of school places. Currently there is a shortage of school places

throughout the borough. Education contributions will be sought from all housing

developments of one or more dwellings (including new development, conversions

and changes of use) that result in the provision of an additional dwelling (rather

than a replacement dwelling) and comprise flats or houses with more than one

bedroom. One bedroom dwellings, specialist housing for the elderly, managed

student accommodation and housing in multiple occupation (HMO) for single

persons are exempt from education contributions.

3.23 Where new residential development replaces existing residential e.g. a change

from 2 bedrooms to 3 bedrooms, the charge will be based on the difference

between relevant figures for existing and proposed development.

3.24 Contributions will not be sought on the affordable housing component of

developments that comprise more than 50% affordable housing where the

Council has 100% nomination rights in perpetuity.

The level of education contributions and the method of calculation

3.25 The level of charges that will apply towards the provision of additional primary

and secondary school places and associated accommodation is set out below

(rounded to the nearest £100):

Table 1: Education contributions by size of dwelling

Size of dwelling Education contribution

2 bedrooms £3900

3 bedrooms £6500

4 or more bedrooms £9100

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3.26 The basis and method of calculating the above contributions is set out below.

Table 2: Child occupancy and Dept for Education multipliers

Primary Secondary

Number of children in RBK* 12,087 11,641

Number of habitable rooms in RBK *

excludes bathrooms, halls, kitchens ≤

13sqm)

313,273 313,273

Average number of children per

habitable room (child occupancy)

0.03858 0.0372

Dept for Education building cost

multiplier for RBK 2010/11

£13,728 £20,685

(*source: 2001 Census data for RBK)

Primary school contribution = Number of habitable rooms x 0.03858 x £13,728.

Secondary school contribution = Number of habitable rooms x 0.0372 x £20,685.

Table 3: Education contributions for Primary and Secondary School Places

Size of

dwelling:

no. of

bedrooms

Average

no. of

habitable

rooms

Child

occupancy

Primary

Primary

contribution

£

Child

occupancy

Secondary

Secondary

contribution

£

2 3 0.1157 £1589 0.1116 £2308

3 5 0.1929 £2648 0.1860 £3847

4+ 7 0.2700 £3707 0.2604 £5386

Use of Education Contributions

3.27 Contributions will be put towards the capital costs of funding the provision of

additional school places and associated accommodation. For primary school

places/accommodation, this will be on a Neighbourhood basis in line with school

places planning. For secondary and special needs places, this will be on a

borough wide basis, as this is how the provision of those places is planned.

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2b. HEALTH AND SOCIAL CARE FACILITIES

Policy Basis

Replacement London Plan 2011 Policy 3.18 Health


• CS13 Community Health Services

• DM21New Health Facilities

Kingston Plan 2009 Objectives 8: improve overall health and reduce health

Inequalities and 9: support people to be independent

Evidence Base

2001 Census data and GLA population forecasts for RBK

NHS Healthy Urban Development Unit (HUDU) model

NHS Kingston PCT Strategic Commissioning Plan

RBK Joint Strategic Needs Assessment

http://www.kingston.gov.uk/rbk_jsna_summary.pdf

RBK Community Care Commissioning Strategy 2008-13

3.28 Health and social care facilities include acute and primary care premises which

are key to all communities. Meeting the needs of an increasing population

resulting in part from new housing development has a significant impact on local

health and social care services. Mitigating these impacts, where there are gaps in

infrastructure provision is a legitimate use of planning obligations.

3.29 NHS Kingston Primary Care Trust is currently responsible for the health and well-

being of the local community. Its overall vision is:

"To improve the health of the people of Kingston by improving the quality of

services, reducing health inequalities and preventing ill health”.

3.30 The Joint Strategic Needs Assessment (JSNA) informs requirements for health

services and highlights key health issues that need to be tackled. It recommends

the need to improve the quality of healthcare premises and where possible co-

locate new healthcare provision with social care and other local services.

3.31 There are areas of healthcare under-provision across the borough (see Appendix

3 for LDF Core Strategy PV 2011 Figure 22 ‘Healthcare Facilities’). The RBK

Infrastructure Delivery Plan 2011 identifies the following priority needs and

locations where existing provision is poor, at capacity or needs upgrading:

• GP surgeries in Coombe Hill; Old Malden; Chessington North; Tolworth,

Norbiton; Grove; Canbury; Berrylands and Surbiton.

• Upgrading of Tolworth Hospital to meet mental health needs

• Community based mental health facilities across the borough

• Dentistry: deficiencies in Berrylands, Canbury, Tolworth and Coombe Hill

• ‘Extra Care’ sheltered housing for older people to replace existing facilities

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• Provision for people with learning and physical disabilities

• Respite care facilities

When will a health and social care contribution be sought?

3.32 Health and social care contributions will be sought from all new Use Class C3

residential developments providing one or more dwellings, from Use Class C2

Residential Institutions including care homes and student accommodation but

excluding hospitals and from C4 Houses in Multiple Occupation, taking account

of existing provision within the local area and health and social care needs.

The level of health and social care contributions and method of calculation

3.33 The level of contributions is based on the NHS Healthy Urban Development Unit

(HUDU) “Planning contribution model for London” which can be downloaded from

the NHS HUDU website. The Council/NHS Kingston reserves the right to carry

out a full modelling of the healthcare impact of major development.

Table 4: Health and social care contributions by size of dwelling

Size of C3 dwelling Health/ social care contribution

Studio £400

1bedroom £700

2 bedroom £1,100

3 bedroom £1,500

4 or more bedrooms £2,000

Use Class C2: student accommodation

and C4 (HMOs)

£200 per single occupancy

bedroom

3.34 Where new development replaces existing residential, the charge will be based

on the difference between figures for existing and proposed development.

3.35 In limited circumstances, where robust evidence demonstrates the absence of

mainstream funding, a commuted sum may be sought for maintenance.

Use of Health and Social Care Contributions

3.36 Contributions will be put towards the costs of expanding and improving health

and social care facilities within the local neighbourhood, to meet required

standards and increasing population needs including: health centres, GP

surgeries, primary care premises; NHS dentists, opticians and pharmacies, care

for older people and those with learning and physical disabilities. Increasingly,

some services are being developed and run in partnership, co-located in shared

premises. The exception will be for facilities that meet a borough wide need.

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2c. LEISURE, CULTURE, COMMUNITY FACILITIES

Policy Basis

Replacement London Plan 2011 Policies 3.17 Social infrastructure, 3.19 Sports

facilities and 4.6 Support for arts, culture, entertainment

RBK LDF Core Strategy (PV 2011) Policies:

• CS16 Community Facilities

• DM24 Protection and Provision of Community Facilities

RBK Kingston town centre AAP Policy K6 Culture, leisure, community facilities

Kingston Plan 2009 Objective 10: encourage people to take an active part in the

social and cultural life of the community

Evidence Base

Museum, Libraries and Archives Council (MLA) ‘Public Libraries, Archives and

New Development: A Standard Charge Approach’, May 2010 and Arts Council

England (ACE)

RBK Infrastructure Delivery Plan

3.37 Meeting halls, libraries, leisure centres, sports halls, community and youth

centres play an important role in the local community. In areas of new housing or

areas in need of regeneration, existing facilities may need to be upgraded and/or

expanded to meet local needs and support population growth.

When will a leisure, culture, community facilities contribution be sought,

how will it be calculated and how will it be used?

3.38 A leisure/culture/community facilities contribution will be sought from major

residential developments, where new development would result in additional

demand and exacerbate local deficiencies. The level of contributions will be

negotiated but will take account of 2010 MLA guidance: A Standard Charge

Approach, from which a standard charge of £250 per person will be applied.

Table 5: Leisure, culture, community facilities contributions

Size of dwelling Ave. Occupancy* Contribution

1 bedroom 1.3 persons £325

2 bedrooms 1.8 £450


4 or more bedrooms 3.2 £800

*source: Survey of English Housing ODPM 2004

3.39 Contributions would be put towards the cost of new or upgraded facilities for the

arts, culture, libraries, museums, leisure, sports halls, community meeting space

or other community facilities within the local area of the proposed development.

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2d. COMMUNITY SAFETY AND VISITOR MANAGEMENT

Policy Basis

Circular 5/94 Planning out Crime.

Secured by Design, Designing out Crime, Safer Places

Replacement London Plan 2011 Policies 2.15 Town centres and 4.5 Visitors

RBK UDP CS4 Customer Facilities and Conveniences

RBK Kingston town centre AAP 2008 Policy K21 Managing the Town Centre


• CS14 Safer Communities

• DM22 Design for Safety

Kingston Plan 2009 Objective 7: Make communities safer

Evidence Base

RBK After Dark Strategy 2007 and Annual Implementation Plans

Safer Kingston Partnership Plan 2008-11 and Crime, Disorder and Substance

Misuse Strategy

Metropolitan Police Asset Management Plan

3.40 The vision of the Safer Kingston Partnership Plan 2008-11 is that everyone who

lives in, or comes to, our borough should be safe and feel safe. The borough is

categorised as the ‘safest London borough’, although this masks higher crime

figures in Grove Ward which covers Kingston town centre with its vibrant night

time economy and one of the largest night clubs in London.

3.41 In 2007, the Council adopted an After Dark Strategy (ADS) to better manage

Kingston town centre at night with a range of partner organisations including the

Police, Kingston First, transport operators, local businesses and the voluntary

sector. Annual Implementation Plans help to deliver the After Dark Strategy,

whose principles of community safety also apply across the Borough.

3.42 Section 106 community safety contributions for CCTV and other initiatives to

manage Kingston town centre have assisted in delivering crime reduction

objectives and maintaining the Purple Flag standard accreditation, which is a

measure of success in the night time management of town centres.

3.43 New development can also impact on policing. Police services are near capacity

in some parts of the borough and some police facilities are outdated, poorly

located, or do not meet current requirements.

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When will a contribution for community safety and visitor management be

sought and how will it be calculated?

3.44 Community safety and visitor management contributions may be sought from the

types of development set out below, depending upon their nature, scale, location

and individual circumstances:

• all types of major development

• A3 restaurants, A4 pubs and bars and A5 takeaways over 100sqm

• nightclubs

• other visitor attractions

This will apply to new development, changes of use, extensions, applications for

use of forecourts and extensions to opening hours.

3.45 Contributions will be negotiated having regard to the location and type of

development proposed, the likely number of visitors/residents, the level of

sensitivity in the local area and risk of crime or disorder, existing CCTV provision

and deficiencies. Contributions may be linked to local initiatives and crime

reduction strategies. Some indicative costs are £25,000 for a CCTV camera

including links to the control room, management and maintenance and around

£25,000 for ‘pop up’ toilets plus £6,000 installation costs.

Use of community safety and visitor management contributions

3.46 Contributions will be put towards the following facilities within the local area of the

proposed development:

• CCTV - supplementing or improving existing provision, including maintenance

• lighting and public realm improvements that assist in ‘designing out crime’

• late night transport improvements and travel information

• visitor facilities including toilets

• town centre management

• anti graffiti treatment

• later opening and manning of public car parks at night

• clearer signing of routes for visitors

• more conveniently located, secure cycle parking

• police facilities

• initiatives that promote community safety e.g. Best Bar None and Pubwatch

• policing facilities, including ‘police’ front counters and Safer Neighbourhood Team bases

3.47 Operating plans may be sought in conjunction with certain development

proposals for e.g. to control the use of outside eating/drinking areas and minimise

noise and disturbance from visitors arriving/leaving premises late at night.

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2e. EMPLOYMENT DEVELOPMENT, TRAINING AND BUSINESS SUPPORT

Policy Basis

Government document ‘Sustainable Communities in London’

Replacement London Plan 2011 Policy 4.12 Improving opportunities for all

RBK Kingston town centre AAP Policy K4 Employment Development

LDF Core Strategy (PV 2011) Policies CS16 and DM24 Community Facilities

Kingston Plan 2009 Objectives 4: Sustain and share economic prosperity and

5: Raise education standards and close gaps in attainment

Evidence Base

South London Partnership Economic Study

3.48 A range of policies and strategies aim to raise education and skills levels and

increase local employment through initiatives that remove barriers to employment

and progression and tackle low participation in the labour market. Strategic

development proposals can assist in supporting local employment, skills

development and training opportunities.

3.49 Whilst Kingston has high levels of employment, it has pockets of deprivation in

Norbiton ward, focused on the Cambridge Estate, parts of Beverley ward in New

Malden and Grove ward in Kingston. It also has a significant imbalance between

the types of jobs available and the skills base of residents, despite having roughly

equal numbers of jobs and residents. This results in highly skilled residents

commuting out of the borough to work and in-commuting for service jobs.

3.50 Small and medium sized enterprises (SMEs) provide a significant proportion of

jobs in the borough and are an important source of employment growth,

especially in the knowledge based and creative industry sectors. As new

development can create demand for skilled employees and SMEs can be a

source of employment for new residents, it may be appropriate to seek planning

obligations relating to employment development, training and business support.

This can benefit residents, employees and the local economy, help improve the

skills base, health and well being, reduce in-commuting and social exclusion.

When will an employment development, training and business support

contribution be sought, how will it be calculated and how will it be used?

3.51 The Council will seek to promote local business development and maximise

training and employment in conjunction with new development and may seek

planning obligations and contributions from significant major developments for

employment development, training to improve skills and business support to

encourage new and sustainable business growth and enterprise and SMEs.

Contributions will be negotiated on as case by case basis.

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3. SUSTAINABLE TRAVEL

Policy Basis

PPG13 Transport 1994

Replacement London Plan 2011 Policies: 6.5, 6.6, 6.9, 6.10, 6.14 Transport

The Mayor’s Transport Strategy and Better Streets document

RBK UDP Policy T22 Transport Contributions

RBK LDF Kingston town centre AAP Policies:

• K15-K20 Transport and Access

RBK LDF Core Strategy (PV 2011) Policies CS5-7 and DM8-9 Sustainable Travel

RBK Local Implementation Plan (LIP2) 2011

Kingston Plan 2009 Objective 2: Ensure sustainable development of our borough

and the promotion of sustainable transport

Evidence Base

DfT good practice guidance Delivering Travel Plans through the Planning

Process 2009 and DfT Manual for Streets

TfL Travel planning for new development in London 2011

RBK LIP 2 Neighbourhood Delivery Plan Action Plans and Schedules

RBK Rights of Way Improvement Plan 2010

3a. SUSTAINABLE TRAVEL MEASURES

3.52 Planning Policy Guidance 13 on Transport states that “planning obligations may

be used to achieve improvements to public transport, walking and cycling, where

such measures would be likely to influence travel patterns to the site involved,

either on their own or as part of a package of measures.”

3.53 All new development will create trips and have some impact on local transport

networks including highways, footpaths, public transport, pedestrian and cycle

routes. It may create a need for off-site highway or access improvements to

maintain highway safety and help reduce car use and congestion, such as links

to the existing road network; improvements to junctions, footways, cycle routes,

cycle parking, public transport and accessibility/DDA; provision of car clubs/car

club bays or car park management schemes.

3.54 The Council as highway and planning authority will use planning obligations to

secure:

• financial contributions to promote highway safety and sustainable transport

measures/schemes or to implement schemes identified in the Local

Implementation Plan (LIP2) 2011 (see Appendix 4 to this SPD).

• works to mitigate transport impact under Section 278 of the Highways Act

• the dedication of land required for highway/transport works

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• the provision of on-site car club bays or off-site provision

• travel plans, including delivery and servicing plans and a commitment to their

development and monitoring

• improvements to Rights of Way (Appendix 4)

• appropriate car park management arrangements

• and to restrict eligibility for parking permits in Controlled Parking Zones

The priority will be to secure funding or the undertaking of works that are crucial

to reduce car use and mitigate the impact of development related traffic on the

local highway network.

When will a sustainable transport contribution be sought?

3.55 Contributions will be sought from:

• C3 residential development providing one or more additional dwellings

• C1 (hotels), C2 Residential Institutions including student accommodation

• non-residential development (Use classes A1-A5, B1-B8, D1-D2 and Sui

Generis uses) that provide 100sqm or more floorspace and generate trips.

The level of sustainable transport contributions and method of calculation

3.56 The scale of contribution will depend on the size and type of proposed

development and the transport investment needed to accommodate/mitigate the

predicted level of trips and associated transport needs. For major development,

Transport Assessments/Statements will be required to assess transport impact.

3.57 The level of contributions for residential development will be guided by the

standard unit charges set out below, which are derived from average occupancy

rates and a unit rate of £500 per person, based on car club costs and other

sustainable transport improvements.

Table 6: Sustainable travel contributions by size of dwelling

Size of dwelling Ave. Occupancy* Transport contribution






3.58 For major developments with 40 or more dwellings, (the level at which a car club

becomes viable), on-site car club provision will be required, plus funding of £200

per unit to provide each unit with free car club membership for two years from

first occupation (currently £55 per year = £110), 10 hours car use for the first year

(currently £5 per hour = £50) and a Council administration fee of £40 for

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managing the free memberships. These costs will be taken into account and

deducted from the charge that would be due based on Table 6.

3.59 For C1 hotels and non-residential development, a combined contribution of

£20,000 per 100sqm of development will be sought for sustainable travel

and environmental improvements, which relates to employment densities and

trip rates and £500 per bedroom for student accommodation.

Use of sustainable transport contributions

3.60 Contributions will be put towards the following measures and improvements

within the local area of the proposed development:

• Highway improvements, highway safety and traffic management measures

• Walking and cycling improvements

• Footpath/rights of way improvements (see Appendix 4)

• Environmental and safety improvements to encourage walking and cycling

• Car clubs and provision of car club bays

• Accessibility/DDA provision/community transport/ shopmobility

• Electric vehicle charging points where provision is not practical on site

• Travel awareness information and sustainable travel initiatives

• Travel plan networks in Kingston town centre, Tolworth, Surbiton and New

Malden District Centres, and major employment sites e.g. in Chessington.

3b. TRAVEL PLANS AND TRAVEL PLAN MONITORING FEES

3.61 All development that reaches Travel Plan thresholds will be required to provide

Travel Plans plus a monitoring fee (based on staff time/costs), as set out below.

This is in addition to a Sustainable travel contribution set out under 3a.Together

these measures mitigate transport impacts of new development. For C1, C2 and

non-residential development, the monitoring period will normally be 5 years.

3.62 Where outline Travel Plans are submitted with development proposals, a

commitment to developing, submitting and monitoring Full Travel Plans will be

required through a planning obligation. TfL Travel Planning guidance sets out

details of what Travel Plans and Travel Plan Statements should cover.

Table 7: Travel Plan Monitoring Fees

Development Threshold Requirement Monitoring Fee

C3 Residential 10-39 dwellings Travel Plan Statement £500

C3 Residential 40 or more dwellings Full Travel Plan £1,000

C1/C2, non resid. 20-49 staff / visitors Travel Plan Statement £1,000

C1/C2, non resid. 50+ staff/ visitors Full Travel Plan £3,500

Education uses All schools, colleges,

student accom’odation

Full Travel Plan £3,500

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4. SUSTAINABLE PLACE: ENVIRONMENT

4a. PUBLIC OPEN SPACE, PLAY, BIODIVERSITY AND PUBLIC REALM

Policy Basis

PPG17 Open Space, Sport and Recreation

GLA Providing for Children and Young People’s Play and Informal Recreation

SPD 2008

Replacement London Plan 2011 Policies 2.18, 7.5, 7.18, 7.19 and 7.24

RBK UDP Policies:

• OL10 New Public Open Space Provision

• RL7 Children’s Play Provision

RBK LDF Kingston town centre AAP Policies:

• K10 Public Realm

• K13 Riverside Strategy

• K14 The Hogsmill River

LDF Core Strategy (PV 2011) Policies CS3, CS4, DM5, DM6, DM7

Kingston Plan 2009 Objective 3: Protect and improve the quality of our local

environment

RBK Green Spaces Strategy 2008 and Annual Implementation Plans

Evidence Base

Kingston Open Space Assessment, Atkins 2006

RBK Open Spaces Developer Contributions Working Paper, Atkins 2006

3.63 PPG17 sets out Government policy on open space, sport and recreation in

conjunction with new development. It states ‘... Local authorities should ensure

that provision is made for local sports and recreation facilities (either through an

increase in the number of facilities or improvements to existing facilities) where

planning permission is granted for new development (especially housing).

Planning obligations should be used, where appropriate, to seek increased

provision of open spaces and local sports and recreation facilities, and the

enhancement of existing facilities’ (para.23). The guidance also states that

‘... Planning obligations should be used to remedy local deficiencies in the

quantity or quality of open space, sports and recreation provision. Local

authorities will be justified in seeking planning obligations where the quantity or

quality of provision is inadequate or under threat, or where new development

increases local needs’ (para.33).

3.64 Whilst the borough has large areas of open space, the largest components are

private golf courses and playing fields. The amount of public open space in terms

of local parks and playing fields is limited relative to neighbouring boroughs and

there is an uneven distribution across the borough. The 2006 Open Space

Assessment of the borough identified significant quantitative and qualitative

24

deficiencies in open space provision and children’s play space/facilities (see

Appendix 5). These factors informed the development of the RBK Green Spaces

Strategy 2008 and its associated Annual Implementation Plans and Park

Improvement Plans. They identify areas where improvements are needed to

existing facilities to meet the needs of existing and new residents.

3.65 The Open Space Assessment sets out the following open space standards,

which will apply to new development.

Table 8: Open Space Standards

Type of

space

Standard of provision

(hectares per 1000 people)

Standard of provision

(square metres per person)

Public parks 1.11 11.10

Natural/semi-

natural green

spaces

1.00

2.11 ha per 1000 people for public parks and natural/ semi-natural green spaces, of which 0.8ha per 1000 population should be play space

10.0

21.1sqm per person for

public parks and

natural/semi-natural

green spaces, of which

8sqm per person should

be play space

Allotments 0.35 3.5

Total 2.46 24.6

3.66 New residential development places increased pressure on open space, sport,

recreation and play provision within the borough. For residential schemes

comprising 50 or more dwellings in areas of open space deficiency, on-site open

space provision will be required based on the standards set out above and the

occupancy rates set out in Table 9.

When will a contribution towards open space, play, biodiversity and the

public realm be sought?

3.67 Where on site open space provision to the above standards is not provided and

for smaller residential schemes comprising 1-49 dwellings, planning contributions

will be sought to improve the quality and /or quantity of open space, play

provision, the riverside (Thames and Hogsmill where appropriate), biodiversity

and public realm improvements (to the quality of environment of the public

highway and streetscene in a local area (in addition to private amenity space

provided as part of the development). In the case of commercial development a

combined contribution will be sought for enhancements to sustainable travel,

biodiversity, the riverside and the public realm.

25

The level of open space, play, biodiversity and the public realm

contributions and the method of calculation

3.68 The following contributions will be sought, which are based on the average costs

of providing open space to the standards set out, which amount to £1000 per

person (Developer Contributions Paper 2005 prices updated to 2010 using the

retail price index) multiplied by average occupancy rates.

Table 9: Open space, play, biodiversity, public realm contributions

Size of dwelling Average Occupancy* Contribution






3.69 For non-residential commercial schemes providing 100 square metres or more, a

combined sustainable travel and environmental contribution will be sought at the

rate of £20,000 per 100sqm (see para.3.59).

3.70 Where new open space or play provision is to be adopted and managed by the

Council, a commuted sum will be required to cover ten years of maintenance.

This will be negotiated based on the scale and nature of the new facility.

Use of open space, play, biodiversity and the public realm contributions

3.71 Contributions will be used within the local area of the proposed development for:

• Improvements to the quality and /or quantity of public open spaces, playing

pitches and outdoor recreation

• play provision

• the riverside (Thames and Hogsmill)

• biodiversity enhancements

• public realm improvements including: routes, landscaping, tree planting,

lighting, surfacing, and public art

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4c. SUSTAINABLE CONTRUCTION / CLIMATE CHANGE

Policy Basis

PPS1 and its supplement Planning and Climate Change

PPS22 Renewable Energy and Planning For Renewable Energy 2004

The Climate Change Act 2008

Building Regulations 2010

Code for Sustainable Homes and BREEAM standards and reports

Replacement London Plan 2011 Policies: 5.1-5.7

LDF Core Strategy (PV 2011) Policies CS1, CS2, DM1, DM2 and DM3

Kingston Plan 2009 Objective 1: Tackle climate change, reduce our ecological

footprint and ‘reduce, reuse and recycle’

RBK Energy Strategy 2009 and Annual Implementation Plans (latest 2010)

Evidence Base

RBK Planning Obligations for Sustainability 2011 Bioregional Consulting

3.72 The Climate Change Act 2008 sets out the government’s long term commitment

to mitigating the impact of the UK on the changing climate. It requires an 80%

reduction in CO2 emissions from the 1990 level by 2050. This ambitious target

requires all sectors to contribute to reducing their CO2 emissions, including the

built environment. To ensure that new development has a reduced impact on

climate change, increasing levels of carbon reduction and sustainability are

required.

3.73 PPS1 requires new developments to consider sustainability throughout its design

and sets out key principles including reducing energy use and emissions,

promoting the use of renewable resources and taking account of the potential

impacts of climate change in the location and design of development. The

supplement to PPS1 Planning and Climate Change prescribes more specific

measures including district heating networks and requiring nationally recognised

sustainability standards within locally defined planning policy. PPS22 supports

renewable energy technologies within new developments and seeks to ensure

that the planning process supports such projects.

3.74 Replacement London Plan policies reiterate the commitment for London to

reduce its total CO2 emissions, going beyond the national requirements

committing to a 60% reduction in CO2 emissions by 2025.

3.75 To deliver these targets the LDF Core Strategy includes policies (DM1-DM4) to

deliver increasing levels of carbon reduction and sustainability standards,

including incorporation of green and blue infrastructure, flooding attenuation and

increased biodiversity. Measures to adapt to the effects of climate change should

be incorporated within the design of all developments. LDF Core Strategy PV

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2011 Policy DM1 Sustainable Design and Construction Standards sets out

increasing standards of the Code for Sustainable Homes (CSH) for residential

developments and BREEAM for non-residential developments.

When will a climate change mitigation contribution be sought, what level of

contribution will be required and the method of calculation?

3.76 In cases of development where it is demonstrated that the required CSH/

BREEAM standard is not technically feasible, a planning contribution will be

sought. This will be based on the difference between the standard achieved and

the standard required as set out in Tables 10 and 11.These figures derive from

the DCLG document ‘A Cost Analysis of the Code for Sustainable Homes’ 2008

and for BREEAM on the BRE Trust documents ‘Putting a price on sustainable

schools’ 2008 and ‘Putting a price on sustainability’ 2005, as set out in the

document ‘Planning Obligations for Sustainability’ 2011 prepared for RBK by

Bioregional Consulting.

Table 10: Residential development up to 2016

Standard required

until 2016:

CfSH level 4

Major development

from 2013:

CfSH level 5

Standard achieved £ per sqm £ per sqm

Building Regs. 2010 59 208

CfSH level 1 58 207

CfSH level 2 53 201

CfSh level 3 42 191

CfSH level 4 - 149

Table 11: Non-Residential development

Standard required up

to end of 2012

BREEAM Excellent

Standard required

from 2013

BREEAM Outstanding

Standard achieved £ per sqm £ per sqm

Building Regs. 2010 138 412

BREEAM Very Good 15 288

BREEAM Excellent - 274

Use of Climate Change Mitigation Contributions

3.77 Contributions will be used for both climate change mitigation and adaptation

projects as outlined in the Council’s Energy Strategy Annual Implementation

Plan. Due to the global impact of greenhouse gas emissions associated with

development, measures to mitigate this impact are not affected by their location.

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Where possible, contributions will be used in projects within the local

neighbourhood of the development, but otherwise in borough wide projects to

offset impacts not addressed within the development.

3.78 Contributions will be used for climate change mitigation and adaptation projects

providing:

• renewable energy technologies such as photovoltaics on public buildings e.g.

schools and libraries

• financial incentives for domestic energy efficiency measures e.g. loft

insulation

• green and blue infrastructure such as green roofs, tree planting and

landscaping and water features in the public realm and with public buildings

• flood attenuation measures for e.g. permeable surfacing in public areas

4c. DISTRICT HEATING NETWORK

3.79 The supplement to PPS1 Planning and Climate Change includes the expectation

that new development will connect to existing district heating networks or be

designed to ensure connection to a future network.

3.80 Core Strategy PV 2011 Policy DM2 sets out the Council’s policy on District

Heating Networks. In order to develop the provision of district heating networks

within the borough, where appropriate, contributions will be sought from

significant major developments within three areas identified as being suitable for

the establishment of a decentralised energy network. These are Kingston town

centre, the Hogsmill Valley and Tolworth (see plans in Appendix 6). A number of

technologies have been identified to serve the potential network with varying

cost. Initial feasibility studies indicate a cost of around £20 million per network.

Further feasibility work is required to refine the specific technological option.

3.81 The level of contribution will be negotiated but will have regard to the document

‘Planning obligations for sustainability 2011’ prepared by Bioregional Consulting.

This identifies a contribution of £25 per square metre of development based on a

network serving the two areas.

3.82 Contributions will be put towards the costs of providing and connecting to district

heating networks including feasibility and development work.

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4. MANAGEMENT AND MONITORING PROCEDURES

3.83 This SPD will be used to inform discussions/negotiations on likely planning

obligation requirements and associated documentation, which will be required in

association with development proposals/planning applications. Applicants are

encourages to use the Council’s pre-application advice service to help clarify

what planning obligations/ contributions are required at an early stage. The

objective is to ensure that:

• applications can be determined within the target periods for decisions set by

government including completed planning obligation agreements/unilaterals

• applicants provide information at the date of submission of the application, to

enable the Council and consultees to respond properly to applications

• the nature of proposed planning obligations and planning contributions is

scoped and agreed before applications are submitted for determination.

3.84 The nature and content of a planning obligation in terms of measures to

accommodate and mitigate the impact of new development will be a material

consideration in the determination of planning applications. Any recommendation

to grant a planning permission where a planning obligation is necessary will be

subject to the satisfactory completion of that obligation and this together with the

heads of terms including the scale of any contributions will be set out in the report

and recommendation. Where the application is submitted with a unilateral

undertaking then any recommendation to approve can be processed immediately

and this procedure is preferred for simpler and smaller development proposals.

3.85 Failure to supply a relevant draft planning obligation meeting local validation

requirements at the application submission stage may result in a planning

application not being registered as valid.

3.86 The Council’s Standard Forms of Unilateral Undertaking and Planning

Agreements are included as Appendix 8. A model agreement relating specifically

to provision of affordable housing is provided as an Annex to the Supplementary

Planning Document- Affordable Housing.

Triggers for Planning Obligations

3.87 The trigger for planning obligations to become operative is commencement of

development i.e. the date on which works to begin the development start, as

defined by the carrying out of a material operation (section 56 of the 1990 Town

and Country Planning Act).

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Timing of Planning Contribution Payments

3.88 The timescale for payment of planning contributions will be set out in the

agreement. This will normally be due on commencement of development, but

maybe prior to completion or first occupation. In the case of significant major

development, payments may be phased to ensure development viability.

Index Linking

3.89 Agreements will set out arrangements for the index linking of planning

contributions, normally from the date of the resolution to grant planning

permission to the month preceding the date when payment is due (using an

appropriate index – currently the Retail Price Index).

Late Interest Payments

3.90 Interest will be charged on late payment of planning obligations at the rate of 1%

above UK Bank Base Rate until the contribution(s) have been paid in full.

Management and Monitoring Fees and Legal Fees

3.91 A management and monitoring fee of £150 per planning obligation clause

(including financial and other obligations) will apply. In addition, applicants will be

expected to cover the Council’s legal charges in drafting planning obligation

agreements/unilateral undertakings.

Monitoring Reports

3.92 Planning obligations are the subject of twice yearly reports to the Council’s Place

and Sustainability Strategic Committee (which are publically available). These

include an annual report on income and spend during the previous financial year.

Use of Planning Contributions

3.93 Planning contributions will be used for the purposes specified in this SPD. In

most cases (excepting contributions for secondary school places) spend will be in

the Neighbourhood or local area in which the proposed development is located.

Local Land Charges

3.94 Planning obligations have to be registered as local land charges. Applicants will

therefore need to produce title to the site and third parties, such as mortgagees,

may have to be party to agreements.

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