Draft Planning Policy for Consultation
Priorities for Developer Financial Contributions for
infrastructure provision relating to Major Residential
Development Proposals in and around Coalville
North West Leicestershire District Council
January 2013
Priorities for Developer Financial Contributions for infrastructure provision
relating to Major Residential Development Proposals in and around Coalville
Introduction
1.1
This document sets out a proposed planning policy relating to Developer
Financial Contributions towards infrastructure provision required in relation to
Major Residential Development Proposals in and around Coalville.
The
proposed policy is published by North West Leicestershire District Council for
consultation in accordance with the principles of the Councils’ Statement of
Community Involvement.
1.2
The Policy sets out the Council’s proposed approach towards dealing with
competing developer financial contributions from major residential development
in and around Coalville in circumstances where the overall level of such
contributions would render the development proposal unviable.
1.3
A report was considered by the Council’s Cabinet at its meeting on 15 th January
2013. This report outlined the issues which were affecting the ability to bring
forward new housing development in the Coalville Urban Area and suggested
how this might be rectified by an approach which prioritised infrastructure
provision across the Coalville Urban Area. The Cabinet agreed to the
recommendation to prepare and consult upon an interim policy. The report can
be viewed here.
1.4
The decision of Cabinet was the subject of a call-in for discussion at the
Council’s Policy Development Group. This met on 11th February 2013 and
resolved that no further action be taken, such that the Council can now consult
upon the proposed approach.
Status of the Policy
1.5
1
This document and the Policy set out within it is not part of the Council’s
emerging Core Strategy, the saved Local Plan, nor is it part of any proposed
development plan document or local plan. The proposed policy however seeks
to facilitate the delivery of new housing and employment growth in the Strategic
Development Areas to the south-east and south-west of Coalville in accordance
with
emerging Core Strategy Policy CS361 in circumstances where a
A copy of Policy CS36 is set out in Appendix 1
development proposal is proven to be unable to meet all the financial
requirements identified during the course of determining a planning application
1.6
Policy CS36 requires new development in the above areas in particular to
provide for new and improved transport infrastructure based on Travel Planning
that seeks to achieve a modal shift away from private car use. Improvements are
to include, amongst other things, highway improvement works to M1 junction 22
and A42 junction 13 and mitigation measures on the existing transport network
where adverse impacts are identified, including A511 junctions and Ashburton
Road/Grange Road/Central Road/Station Road (Hugglescote crossroads)
junction improvements.
1.7
The cost of providing such transport infrastructure will be substantial, in addition
to which there will be the other normal developer contributions to consider,
including e.g. affordable housing contributions, education, libraries and Civic
Amenity contributions, police and PCT contributions, and public open space.
1.8
In circumstances where a development proposal is proven to be unable to meet
all of the required financial contributions identified during the course of
determining the planning application, it will be necessary for the Council to
decide which infrastructure requirements should be given priority in order to
ensure the viability and thus deliverability of the proposed development. The
proposed Policy in this document is intended to act as a guide to those
determining planning applications as to how they should exercise their discretion
in setting such priorities.
1.9
Accordingly, this document and Policy will be a material consideration in the
determination of relevant planning applications, and the intention is that the
Policy, following public consultation, should be given significant weight in such
determinations.
Policy Objective
1.10
The overriding objective of the draft Policy is:
To ensure that all major development proposals involving residential
units provide sufficient financial contributions to meet essential
infrastructure and service requirements necessary as part of the
development and as far as possible to fully meet all other justified
requirements such as affordable housing to levels in accordance with
the Development Plan or other material considerations subject to
viability considerations.
1.11
The Council is however satisfied that under current economic conditions, some
development proposals in and around Coalville (including the wards of Coalville,
Thringstone, Whitwick, Greenhill, Bardon, Snibston and Hugglescote) may not
be able to meet all of the financial requirements without making the development
proposal unviable; essentially but not exclusively as a result of the scale and
timing of essential off-site highway improvements necessary for development to
occur coupled with the required level of affordable housing units .
1.12
The National Planning Policy Framework provides that pursuing sustainable
development requires careful attention to viability and costs in plan-making and
decision-taking. Plans should be deliverable. Therefore, the sites and the scale
of development identified in the plan should not be subject to such a scale of
obligations and policy burdens that their ability to be developed viably is
threatened. To ensure viability, the costs of any requirements likely to be applied
to development, such as requirements for affordable housing, standards,
infrastructure contributions or other requirements should, when taking account if
the normal cost of development and mitigation, provide competitive returns to a
willing land owner and willing developer to enable the development to be
deliverable.
1.13
The Council is committed to enabling development to meet local needs in the
District and in particular the Coalville area to support economic recovery, create
employment opportunities and attract investment into the Town. The draft Policy
set out in this document therefore seeks to establish the Council’s priority for
securing developer financial contributions from major residential developments in
and around the Coalville area to ensure proposals are viable and can be
delivered.
1.14
The Council’s proposed approach is consistent with the Government’s
commitment to ensuring that the planning system does everything it can to
support sustainable economic growth. The National Planning Policy Framework
provides that planning should operate to encourage and not act as an
impediment to sustainable growth, and that planning authorities should look for
solutions rather than problems, and decision-takers at every level should seek to
approve applications for sustainable development where possible. It also
supports the Governments drive for local planning authorities to be enablers of
development to meet local needs and to help stimulate economic recovery.
1.15
The Policy is intended to be introduced so as to:
a) ensure the delivery of development in accordance with the adopted saved
Local Plan; where relevant the Council’s emerging Core Strategy; and the
National Planning Policy Framework
b) be transparent for developers/land owners, service and infrastructure
providers, other key stakeholders and the public on the Council’s approach to
prioritising the use of developer contributions where developments cannot
fund the full required contributions
c) be clear that this approach is not about reducing required developer financial
contributions but for the Council’s approach to development proposals to be
robust in making sure that developer financial contributions and affordable
housing levels are maximised but equally do not present a barrier to
development taking place.
1.16
The draft Policy is not a Community Infrastructure Levy (CIL). The Council does
intend to consider the introduction of CIL in the future and this Policy if adopted
after consultation will be taken into account as part of the CIL preparation and on
the adoption of CIL, the policy will be cancelled.
1.17
Developer contributions are intended to be secured through Section 106
obligations in accordance with relevant Government regulations and policy
guidance.
1.18
Major residential development is defined as;
a)
b)
c)
Proposals involving 50 or more residential units
Proposals of less than 50 residential units but part of a larger phased
development or development capable of being phased which would or
could result in an overall development of 50 or more residential units
Mixed use development schemes with a residential element normally
requiring an affordable housing contribution and the application being
defined as major development under national definition.
1.19 Where viability is identified as an issue, a site specific financial evaluation will be
required to demonstrate to the Council that a development proposal will be
unviable as a consequence of the required developer contributions. Any such
claims will need to be confidentially validated using an open book financial
appraisal by an independent third party in advance of a planning application
being submitted.
Draft Policy
WHERE THE COUNCIL IS SATISFIED THAT A MAJOR RESIDENTIAL
DEVELOPMENT PROPOSAL IN OR AROUND THE COALVILLE AREA IS
PROVEN TO BE UNVIABLE AS A RESULT OF REQUIRED DEVELOPER
FINANCIAL CONTRIBUTIONS (E.G. OFF SITE HIGHWAY WORKS;
EDUCATION PROVISION AND AFFORDABLE HOUSING REQUIREMENTS),
THE COUNCIL WILL CONSIDER RELAXING ITS NORMAL AFFORDABLE
HOUSING REQUIREMENTS PROPORTIONATELY SO AS TO:
A) GIVE HIGHWAY INFRASTRUCTURE INVESTMENT THE HIGHEST
PRIROITY FOR FUNDING
B) ENSURE ALL OTHER ESSENTIAL INFRASTRUCTURE IS PROVIDED
C) CONTINUE TO CONTRIBUTE TO AFFORDABLE HOUSING PROVISION
AS FAR AS POSSIBLE WHILST ENSURING THAT THE DEVELOPMENT
SCHEME IS VIABLE.
FOR DEVELOPMENT PROPOSALS WHERE THE COUNCIL ACCEPTS NO
AFFORDABLE HOUSING OR A LOWER PROPORTION OF AFFORDABLE
HOUSING CONTRIBUTION (BOTH ON SITE PROVISION AND/OR A
FINANCIAL CONTRIBUTION IN LIEU OF PROVISION) THE COUNCIL WILL
REDUCE THE TIME PERIOD FOR ANY PLANNING PERMISSION TO BE
COMMENCED TO 2 YEARS AND SHALL INCLUDE IN THE SECTION 106
AGREEMENT PROVISION TO ENABLE THE COUNCIL TO PERIODICALLY
REVISIT THE AFFORDABLE HOUSING CONTRIBUTION IF THE ECONOMIC
FACTORS DETERMINING THE LEVEL OF AFFORDABLE HOUSING
IMPROVES BEFORE THE DEVELOPMENT IS COMMENCED.
Developers seeking reduced levels of affordable housing will need to produce a
clear and robust viability assessment with open book accounting as part of their
application. The Council will test the robustness of viability assessments.
Potential Implications for Affordable Housing
The Council is aware that the above draft Policy is likely to reduce the amount of
previously planned affordable housing provision within the Coalville area whilst
current circumstances exist. However unless development proposals are viable,
development will not occur. Development is essential in order to meet general
housing needs, to create employment and to help stimulate the local economy.
The Council is therefore of the view that it is better to enable development to
occur with a reduced amount of affordable housing provision than to have no
development with no new affordable housing, no housing need being met and
delayed support for economic recovery.
Monitoring
Once adopted the Council will keep this Policy, its use and implementation under
review and carry out reviews as considered necessary.
Consultation Process
Before adopting a policy on this matter the Council wishes to obtain the views of
individuals and organisations. Therefore, the draft Policy is the subject of
consultation.
The consultation on this document runs for a period of 6 weeks from 22nd
February 2013 to 5th April 2013. All comments must be made in writing and
received by the Council by 5pm on 5th April 2013.
Responses to the consultation will be taken into consideration by the Council
when it finalises its approach on this matter.
Copies of the document are available on the Council’s website
(www.nwleics.gov.uk). In addition, copies can be viewed at the Council Offices
during normal opening times and at Coalville Public library during normal opening
times.
Alternatively
you
can
request
a
copy
planningpolicy@nwleicestershire.gov.uk or writing to:
by
emailing
Planning Policy
North West Leicestershire District Council
Council Offices
Coalville
LEICS
LE67 3FJ
Any comments should be sent to either planningpolicy@nwleicestershire.gov.uk
or to the Council Offices address set out above.
APPENDIX 1 – POLICY CS36 OF CORE STRATEGY (PRE-SUBMISSION)
APRIL 2012
Policy CS36: Coalville Urban Area Broad Growth Locations
A
Strategic Development Area to the South-East of Coalville
The principal means of accommodating new housing and employment
growth on in the Coalville Urban Area will be in the form of a Strategic
Development Area to the south-east of the town. A Masterplan for the
comprehensive development of this area will be prepared to provide for:
i. A high quality, sustainable, mixed use development that is well connected
and has a functional relationship with the wider Coalville Urban Area;
ii. The creation of linked but distinct neighbourhoods having regard to the
character of the existing built form of the Coalville Urban Area.
Housing
iii. At least 3,500 new dwellings, of which 2,820 will be built by 2031; and
iv. A mix of housing sizes, types and tenures, including provision for
affordable housing in accordance with Policy CS19;
Employment
v. At least 20 Hectares of employment land mainly for B1 Business and B2
General Industrial uses (as defined by the Town and Country Planning
(Use Classes) Order 1987 (as amended));
vi. Provision of starter and ‘grow-on’ units (including managed workspace);
Education
vii. Two primary schools, each capable of accommodating some 420 pupils;
viii. Secondary education provision in the Coalville Urban Area.
ix.
x.
xi.
xii.
Local Centres
Two Local Centres each to include a range of small shops of a local
nature, serving a small catchment;
Open space, sport and recreation facilities;
Health care facilities;
Community and/or faith facilities.
Green Infrastructure
xiii. The enhancement of, and links to, the Strategic Green Infrastructure
Network (the National Forest and Coalville Urban Fringe);
xiv. Substantial areas of local green infrastructure and National Forest
planting;
xv. The reuse and enhancement of the disused Coalville-Hugglescote Railway
as a recreation and nature conservation trail;
Safety and Protection
xvi. Consideration of measures in connection with groundwater source
protection;
xvii. Mitigation of unacceptable risks associated with any increase in traffic
using the Grange Road level crossing.
B
Development Areas to the South-West of Coalville
Further development areas to the south-west of the town will provide for at
least 800 dwellings. Development will be designed as a series of distinct
and separate developments which reflect the character of the existing built
form of Coalville and which respect the physical separation of the Coalville
Urban Area and Ravenstone. Development will incorporate a range of
infrastructure, including education and health provision, open space and
other new infrastructure as necessary to create a sustainable community
will be provided.
C
Transport
The above development areas (1 and 2 above) should provide for new and
improved transport infrastructure based on Travel Planning that seeks to
achieve a modal shift away from private car use. Improvements are to
include:
i. highway improvement works to M1 Junction 22 and A42 Junction 13;
ii. Mitigation measures on the existing transport network where adverse
impacts are identified, including A511 junctions and Ashburton
Road/Grange Road/ Central Road/Station Road (Hugglescote crossroads)
junction improvements;
iii. a regular bus service from the site into Coalville Town Centre and
Leicester City Centre;
iv. new bus services to link proposed residential development with local
employment sites and Coalville Town Centre;
v. bus services which penetrate the site and provide bus stops which are less
than 400 metres walk from new residents;
vi. New walking and cycling links to key retail, leisure, employment and
education services and existing facilities as set out in the North West
Leicestershire Cycling Strategy (Part 1: Coalville); and
vii. Provision of travel packs for new residents.
D
Environment
The above development areas (A and B above) should:
i. include appropriate measures to mitigate the noise and air quality impacts
arising from the development on new and existing residents (primarily, but
not exclusively, those impacts identified in the Coalville Air Quality
Management Area).
ii. be designed so as not to allow sensitive development within areas that are
prone to flooding. Measures to address / regulate flows of water courses
that are susceptible to flooding will be encouraged; this should include the
provision of Sustainable Urban Drainage Systems (SuDS); and
iii. address capacity issues at Snarrows Wastewater Treatment Works.