Knowsley Replacement Unitary Development Plan - Knowsley Council

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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. 168 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 169
MONITORING AND REVIEW IMPLICATIONS OF THE PLANNING AND COMPULSORY PURCHASE ACT 2004 14.9 Under the terms of the Planning and Compulsory Purchase Act 2004, planning agreements will be replaced by “planning contributions”. Local authorities will be able to ask developers to make payments or other contributions, either through a pre-set “planning charge”, the details of which will need to be published beforehand by the Council, or through agreements which are specifically negotiated for particular cases. The Act introduces new legal duties for local authorities to identify (in a Development Plan Document) various matters including the types of development for which they will consider, or not consider, accepting a planning contribution, and the basis on which the value of contributions will be calculated. The relevant part of the new Act has yet to be commenced, and detailed Regulations concerning its operation have yet to be made. The policy guidance set down in this chapter should therefore be viewed as interim pending the introduction of the new system of planning contributions. Following the commencement of the new Act, the Council will set down its policy on the use of contributions in a future Development Plan Document for Knowsley. CHAPTER 15 Monitoring and Review HOW WILL WE MONITOR PROGRESS? 15.1 The Plan contains a number of strategic objectives. For each objective, a number of targets and indicators have been identified. Progress against these will be monitored by the following means: • Measuring the amount and type of development - e.g. the number of new houses; amount of land developed for employment uses etc.; • Monitoring compliance with the Plan policies when the Council makes decisions on planning applications; and INDICATORS AND TARGETS 15.3 The government has produced a set of national core indicators against which the success of local planning documents can be assessed. The Council will use the national indicators (indicated in table 15.1 below) to monitor progress in implementing the policies of this UDP. The Council is also considering developing a set of local indicators which can be used with other Merseyside authorities to monitor planning issues on a sub-regional basis. • Monitoring any loss of environmental assets protected by the Plan. 15.2 An annual monitoring report will be produced. If it appears that the targets are not being met, or have no longer become appropriate, suitable adjustments will be made in a future review of this Plan. 170 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 KNOWSLEY REPLACEMENT UNITARY DEVELOPMENT PLAN: Adopted June 2006 171
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Knowsley Replacement Unitary Develo
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CONTENTS Contents SECTION A: INTROD
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INTRODUCING THE PLAN CHAPTER 1 Intr
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INTRODUCING THE PLAN KEY ISSUES AND
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KEY ISSUES AND INFLUENCES KEY ISSUE
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VISION AND OBJECTIVES CHAPTER 3 Vis
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VISION AND OBJECTIVES VISION AND OB
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CORE POLICIES CORE POLICIES POLICY
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CORE POLICIES HOUSING Key Diagram K
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HOUSING HOUSING • Provide a signi
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HOUSING HOUSING MAKING EFFICIENT US
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HOUSING HOUSING 5.41 The North Huyt
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HOUSING HOUSING EXPLANATION H7 5.53
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ECONOMIC DEVELOPMENT ECONOMIC DEVEL
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ECONOMIC DEVELOPMENT TOWN CENTRES A
Page 35 and 36: TOWN CENTRES AND SHOPPING TOWN CENT
Page 41 and 42: TOWN CENTRES AND SHOPPING TRANSPORT
Page 43 and 44: TRANSPORT TRANSPORT d) Further deve
Page 45 and 46: TRANSPORT TRANSPORT POLICY LINKS Po
Page 47 and 48: TRANSPORT TRANSPORT POLICY T7: NEW
Page 49 and 50: TRANSPORT TRANSPORT 8.47 These issu
Page 51 and 52: GREEN BELT AND THE RURAL ECONOMY GR
Page 57 and 58: GREEN BELT AND THE RURAL ECONOMY UR
Page 59 and 60: URBAN GREENSPACE, SPORT AND RECREAT
Page 65 and 66: DEVELOPMENT QUALITY AND THE BUILT E
Page 71 and 72: MINERALS, WASTE AND ENERGY MINERALS
Page 77 and 78: MINERALS, WASTE AND ENERGY ENVIRONM
Page 79 and 80: ENVIRONMENTAL PROTECTION AND NATURE
Page 85: COMMUNITY BENEFITS AND PLANNING AGR
Page 89 and 90: APPENDIX 1: KEY PARTNERS APPENDIX 1
Page 91 and 92: APPENDIX 3: GLOSSARY APPENDIX 3 Glo
Page 93 and 94: APPENDIX 3: GLOSSARY APPENDIX 3: GL
Page 95 and 96: APPENDIX 5: EMPLOYMENT LAND SUPPLY
Page 97 and 98: APPENDIX 6: LOCAL SHOPPING CENTRES
Page 99 and 100: APPENDIX 8: SITES OF BIOLOGICAL AND
Page 101: Directorate of Regeneration and Nei
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Knowsley Replacement Unitary Development Plan - Knowsley Council

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