Planning for Cyclists - PowerPoint Presentation

Slide1

Planning for Cyclists

Andrew Wayne Mangham

–

Welwyn

Hatfield Cycling Forum (WHCF) : 9 April 2014Slide2

Introduction/Agenda

S106s and

Uus

Supplementary Planning Document

The Planning Application Process

Cycle Example

Q & A’s Slide3

A Planning ObligationThe 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:Slide4

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;Slide5

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.Slide6

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). Slide7

How are Planning Obligations secured?Policy IM2 ‘Planning Obligations’ of Welwyn Hatfield District Plan 2005Planning 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. Slide8

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:Slide9

Hertfordshire County Council ObligationsSustainable 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.Slide10

Welwyn Hatfield Borough Council and the County CouncilHere, 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.Slide11

Welwyn Hatfield Borough Council and parking standardsSlide12

Planning Application Process The next part of the presentations looks at the actual planning application process from submission to decision.Slide13
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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;Slide15

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.Slide16

S106 Cycle exampleS6/2012/1928/PPland 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 landscapingSlide17

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

.Slide18

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

....”Slide19

Copy of the s106/UnilateralSlide20

And to finish..... The Tour de France 2014Tour de France 2014: StagesStage 1

, Sat Jul 5, Leeds—Harrogate, 191km

Stage 2

, Sun Jul 6, York—Sheffield, 198km

Stage 3

, Mon Jul 7, Cambridge—London, 159kmSlide21

Thank you.....any questions?