Response from Mr Ziyad Thomas, The Planning Bureau obo McCarthy and Stone Retirement Lifestyles Ltd and Churchill Retirement Living
1. Mr Ziyad Thomas, The Planning Bureau obo McCarthy and Stone Retirement Lifestyles Ltd and Churchill Retirement Living : 9 Jan 2017 11:22:00
Please make your comments in the box below, making it clear which policy your response relates to using the policy reference number or paragraph number.
Policy DM4 - Green Infrastructure, Open Space, Trees and Landscaping The wording of the propsoed policy requires that all developments over 10 dwellings will required to provide either on-site open space or commuted sums of £200 per bedspace to meet the standards set in this policy.
The legal tests for when you can use a s106 agreement are set out in regulation 122 and 123 of the Community Infrastructure Levy Regulations 2010 and as Policy test in the NPPF. The tests are:
1. necessary to make the development acceptable in planning terms
2. directly related to the development; and
3. fairly and reasonably related in scale and kind to the development.
Additionally the PPG advises that 'Planning obligations may only constitute a reason for granting planning permission if they meet the tests that they are necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind.' Any request for open space contributions must therefore be support by clearly identified proposal that is directly relatable to the proposed development. Strategic open space provision should be delivered through the Community Infrastrucutre Levy.
Specialist Older Persons' accommodation or age restricted housing that will not house families or children should not be therefore provide contributions for play areas or open space provision for young people as this would not be directly relatable to the development.