Knowsley Replacement Unitary Development Plan - Knowsley Council

COMMUNITY BENEFITS AND PLANNING AGREEMENTS
COMMUNITY BENEFITS AND PLANNING AGREEMENTS
EXPLANATION PA1
14.6
Table 14.1
14.3
In considering any planning applications for
development, the Council must assess whether the
development complies with the policies of this Plan.
If the development does comply with the policies of
this Plan, planning permission will in most cases be
granted. If the development would not comply with
the policies, the Council will firstly consider whether
any harm likely to be caused can be alleviated
through the use of planning conditions (see glossary).
Guidance on the use of planning conditions is set
down in DETR Circular 11/95 “The use of conditions
in planning permissions”. If any harm associated with
a development cannot be mitigated by the use of a
condition, the Council will then consider whether a
planning agreement can be used to offset the harm
(as an alternative to refusing permission).
14.4
Planning agreements can either:
• Restrict development or the use of land;
• Require operations to be carried out, or the land
to be used in any specific way; or
• Require payments to be made to the authority
either by a single sum or periodically.
14.5
Agreements can be positive, requiring a developer to
do a specific thing, or negative - restricting a party to
the agreement or his successors from developing or
using the land in a specified way. Agreements must
be directly related to the development and to the UDP
policies and proposals for the area. Agreements may
require provision of a specific community benefit or
facility, and/or a financial contribution towards the
provision of such a benefit by the Council.
Developers will only be liable to enter into planning
agreements where their development would not
otherwise (with the use of any conditions which may
be necessary) comply with the policies of this Plan.
In practical terms, agreements are unlikely to be
necessary for most minor developments such as
extensions or alteration to existing buildings.
14.7
The content of agreements (for example the size of
any financial contributions that are required) will be
the subject of negotiation between the Council and
the prospective developer. The scale and kind of
benefit sought will always be related reasonably to
the needs likely to be generated by the development.
14.8
In the case of planning agreements requiring a
financial contribution towards a community benefit,
payment will be made into specific funds managed by
the Council for achieving the requirements of the
policies of the UDP.
POLICY LINKS
The list in table 14.1, which is not exhaustive,
indicates what types of obligation the Council is
most commonly likely to seek from developers.
Measures or funding provision likely to be sought
through planning agreements with developers
Chapter Area
Chapter 5
“Housing”
Chapter 6
“Economic
Development”
Chapter 7
“Town Centres
and Shopping”
Chapter 8
“Transport”
Measures or funding provision
likely to be sought
• Phasing of large housing sites.
• Use of local labour in new
development proposals.
• Provision of car parking for
use by the public.
• Funding of town centre
improvements such as
improved CCTV provision,
landscaping, paving and street
furniture.
• Improvements to community
buildings such as libraries,
community centres or health
centres.
• Management and promotion of
town centres.
• Improvements to public
transport system
infrastructure, highways,
cycleways and/or pedestrian
routes - see policies
T2, T5, T6, T7 and T9.
Chapter 9 • Off-site landscape
“Green Belt enhancements – see policy G2.
and the Rural
Economy”
Chapter 10 • Provision and maintenance of
“Urban
areas of greenspace or
Greenspace, landscaping principally of
Sport and benefit to the development -
Recreation” see policy OS5.
• Improvements to and provision
of community buildings and
greenspaces for recreational,
leisure, sporting or educational
purposes - see policy OS6.
Chapter Area
Chapter 11
“Development
Quality and the
Built
Environment”
Measures or funding provision
likely to be sought
• To secure community use of
sporting or educational
facilities.
• Provision of an acceptable
balance and phasing of uses in
mixed-use developments.
• Provision of art or sculpture in
public places.
• Funding of off site
compensatory tree planting -
see policy DQ4.
• Conservation of buildings,
structures and places of
historic or architectural or
archaeological interest - see
policies DQ5 to DQ9.
Chapter 12 • Provision of recycling facilities.
“Minerals, Waste
and Energy”
Chapter 13
“Environmental
Protection and
Nature
Conservation”
• Off site mitigation measures
needed to prevent harm from
pollution or other
environmental risks
(e.g. noise control bunds,
flood prevention measures) -
see policies ENV1 to ENV7.
• Provision of mitigation
measures where a
development would damage a
natural habitat, geological site,
or important species - see
policies ENV9 and 10.
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KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006
KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006
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