Presentation Transcript

1. Planning for Cyclists

   Andrew Wayne Mangham – Welwyn Hatfield Cycling Forum (WHCF) : 9 April 2014
2. Introduction/Agenda S106s and Uus Supplementary Planning Document The Planning Application Process Cycle Example Q & A’s
3. A Planning Obligation The purpose of a Planning Obligation is to secure community infrastructure to meet the needs of residents in new developments and/or to mitigate the impact of new developments upon existing community facilities for matters that can not be secured through the normal planning process but is required in order for the development to be deemed acceptable in planning terms which would otherwise be refused. Planning Obligations must meet the statutory tests set out in Regulation 122 of the Community Infrastructure Levy (CIL) Regulations 2010:
4. The statutory tests • Directly related to the development • Necessary to make the proposed development acceptable in planning terms; • Fairly and reasonably related in scale and kind to the development;
5. What are Planning Obligations? Planning Obligations are obligations relating to a person’s land which bind the land and whoever owns it to undertake various requirements that are set out within the terms of the agreement. They are made by deed under Section 106 of the Town & Country Planning Act 1990 (as substituted by the Planning and Compensation Act 1991) and can:- • Restrict the development or use of the land in a specified way; • Require specified operations or activities to be carried out on the land; • Require the land to be used in any specified way; • Require a sum or sums to be paid to the authority on a specified date or dates or periodically.
6. Who may enter into a Planning Obligation? Planning Obligations are legally enforceable against the owner(s) (including their successors in title) of the land to which they relate. This means that generally only owners can enter into obligations even if a prospective purchaser/developer of the land has applied for the planning permission (although it is possible for prospective purchasers to be party to the obligations where they have exchanged contracts to purchase).
7. How are Planning Obligations secured? Policy IM2 ‘Planning Obligations’ of Welwyn Hatfield District Plan 2005 Planning obligations are secured by a formal deed whether in the form of a Unilateral Undertaking signed by the parties giving the obligations or by Agreement. When it is by agreement, it will also be signed and sealed by Welwyn Hatfield Borough Council. It will contain covenants (the planning obligations) covering the things the landowner agrees to do and / or agrees not to do. The planning obligation will detail the circumstances and timescales within which these obligations will occur.
8. Planning Obligations at WHBC and HCC Welwyn Hatfield Borough Council : We have an adopted ‘Planning Obligations’ Supplementary Planning Document of 2012, which also references the HCC Obligations (copies to be handed out) Hertfordshire County Council : Adopted their 'Planning Obligations Guidance :Toolkit for Hertfordshire (Hertfordshire County Council's requirements)' in January 2008. This sets out the County Council's approach and justification for seeking planning obligations, and provides model template documents and contact details. The County Council is responsible for ensuring the provision of a range of services and seeks contributions and/or facilities from development which would have an additional impact on service provision in the following areas:
9. Hertfordshire County Council Obligations Sustainable transport measures such as highways and rights of way improvements (including payments for the provision of roads, byways, footpaths, bridleways, cycleways, bridges, bus infrastructure, and /or traffic signals as may be required) Passenger transport Education/Libraries Youth and childcare Fire and rescue services Health and Community Service (formerly adult care services) – special needs accommodation and other services Other matters such as economic development, archaeology, waste facilities, green infrastructure, key worker housing.
10. Welwyn Hatfield Borough Council and the County Council Here, Welwyn Hatfield Borough Council will support the County Council in seeking planning obligations for the items outlined above, so long as need can be evidenced, and they meet the three tests set out in Community Infrastructure Regulations 2010. The HCC Planning Toolkit states that the threshold for seeking contributions/obligations for residential development is one dwelling, and that this applies up to a threshold of 300 dwellings, above which, developments will be considered individually and specific on-site or off-site provision may be sought for land or built facilities as set out within para 10.6 of the Toolkit. However, the practice of this council is to only apply the Toolkit to residential development of 10 units or more.
11. Welwyn Hatfield Borough Council and parking standards
12. Planning Application Process The next part of the presentations looks at the actual planning application process from submission to decision.
13. The Planning Application Process Once an application has been submitted, it will go through the following process: A validation check to ensure the forms are properly completed, drawings included, and the correct fee paid; Consultation process. In general these cover : (i) publicity including neighbour notification; (ii) obtaining the views of statutory and non-statutory consultees; A site visit by the case officer to assess the impact of the application; Consideration of the application by the case officer against existing Council policies and standards, any past history of decisions on that site or similar applications, and any representations that may have been received;
14. The Planning Application Process continued........ The application will then be determined under delegated powers by the Head of Planning or by the Development Management Committee (DMC). Once a decision has been made, a decision notice is issued.
15. S106 Cycle example S6/2012/1928/PP land at bishops rise, university of hertfordshire, college lane, hatfield, al10 9ab Demolition of existing student residences comprising 1059 bedspace (Roberts Way, Butler Hall, Fern Hall, Chapman Hall, broad Hall and Coales Hall). Erection of 2511 new student bedrooms arranged in 21 accommodation buildings; retention and extension of existing Telford Court; Provision of social, administration, sports facilities (comprising sports pitch and multi-use games area); combined heat and power energy centre, and associated parking and landscaping
16. Example continued..... Consultation Received from Hertfordshire County Council (Transport Programmes and Strategy) do not wish to restrict the proposal. Recommend conditions and s106 agreement to secure provision of a cycle route.
17. Example continued..... From the committee report... “Contributions are sought by Hertfordshire County Council in connection with provision of a cycle path along Woods Avenue from its junction with Travellers Lane to Bishops Rise. Justification has been provided on the basis of providing a safe and direct link for these students onto the cycle network which is being provided across parts of Hatfield with access to the town centre and railway station. The provision would tie in with the aim of the University Travel Plan to promote cycling and would ensure a viable alternative was available both for occupiers of the residences, and also any other students and staff wishing to cycle from this part of town. The estimated cost of providing this cycle link would be in the region of £200,000, less than £150 per additional student room. It is considered that the sum requested and its purpose would comply with the above....”
18. Copy of the s106/Unilateral
19. And to finish..... The Tour de France 2014 Tour de France 2014: Stages Stage 1, Sat Jul 5, Leeds—Harrogate, 191kmStage 2, Sun Jul 6, York—Sheffield, 198kmStage 3, Mon Jul 7, Cambridge—London, 159km
20. Thank you.....any questions?