CF6 Community infrastructure
contributions
Where additional social, physical or environmental
infrastructure is needed in order for development to go ahead,
appropriate contributions, fairly and reasonably related in terms
of scale and kind to the proposed development, will be sought
from the developers.
Explanation:
7.45 Government Circular 1/97 ‘Planning Obligations’ indicates
that planning obligations are an important and legitimate tool
so long as they are necessary, relevant to planning, directly
related to the development proposal, fairly and reasonably related
to the scale and kind of the development proposed, and reasonable
in other respects. The Government is currently renewing policy
on developer obligations/contributions and amended guidance is
expected during the Plan period.
7.46 Circular 1/97 indicates that Local Plans should give
guidance about planning obligations in order to provide certainty
to the development process.
7.47 Planning obligations are not a means of buying permission.
Nor can they make an otherwise unacceptable development acceptable.
However, properly used obligations can enhance the quality of
development and enable proposals to go ahead which might otherwise
be refused. They can help reconcile the aims and interests of
developers with the need to safeguard the local environment,
or to meet the costs imposed as a result of a development.
7.48 In particular, developer contributions can offset
the costs of providing infrastructure, such as highway improvements,
that developments impose but that would otherwise have to be
met out of the public purse. Whilst it should be related to the
development, such infrastructure may be off-site and cover matters
not directly covered by the development.
7.49 As well as transport infrastructure, Circular 1/97
indicates that community infrastructure such as community facilities,
playing fields and environmental enhancement are also legitimate
subjects for contributions. Education has been identified as
a particular need and is covered in Policy CF7.
In addition, Policy H11 seeks to provide public
open space for new developments, which may involve Planning Obligations.
In exceptional circumstances, commuted payments can be made in
lieu of the on-site provision of affordable housing. Considerations
governing this are set out in Paragraph 3.113 above and in the
Council’s Supplementary Planning Guidance on affordable
housing.
7.50 The details of Planning Obligations will be the result
of negotiations between the Council and developers. Where an
agreed Code of Practice exists for a particular service the Council
will use this as a basis for negotiations with developers. In
any event the following considerations will be applied:-
(1) monies must be used for the purposes specified within
a period of 10 years from its receipt and if not so applied
shall become repayable on demand;
(2) actual payments requested shall be index linked to inflation
and in the event of any delay in payment interest shall become
payable;
(3) where development results in an identifiable social good,
for example redeveloping brownfield sites or cleaning contaminated
land, or provision of social housing, the authority will take
a flexible approach to planning contributions in order to seek
to ensure that the social benefits of developments are realised;
(4) where developers raise concerns about the viability of
schemes due to the requirements of a proposed obligation they
will be requested to submit full financial details and valuations
to support such concerns;
(5) negotiations about Planning Obligations should be carried
out as openly as possible (Circular 1/97, paragraph B19). However
respect will be had for the financial confidentiality of parties
involved in negotiations; and
(6) Legal Agreements about planning obligations should cover
details of timing of payments. These will be at a stage required
for sound planning and operational reasons. In particular,
it will usually be undesirable for provision of infrastructure
to lag behind the occupation of development.
7.51 PPG3 ‘Housing’ (2000) (paragraph 20)
indicates that details of Planning Obligations should be placed
on the Statutory Register for public inspection, in order to
ensure transparency and accountability in the planning process.
As noted, financial confidentiality will be respected.
7.52 The Council will seek to ensure that planning obligations
are of benefit to the local community and will therefore aim
to maximise public involvement as stipulated by paragraph B19
of Circular 1/97.
7.53 Planning obligations are covered under Section 106
of the Town and Country Planning Act 1990 (as substituted by
Section 12 of the Planning and Compensation Act 1991). Developer
contributions are an important obligation; however they are not
the only subject of Section 106 Agreements. In appropriate cases
the Council will require applicants to enter Agreements on matters
such as occupancy or related issues that cannot be satisfactorily
regulated by planning conditions.
7.54 The Water Industry Act 1991 imposes a requirement
on developers to requisition the provision of water supply and
sewerage. As a result, Section 106 Agreements will not usually
be required for these works.
CF7 Educational contributions
Where proposed new development will require
a significant increase in or improvement to existing educational
provision, appropriate contributions will be sought through
planning agreements in accordance with Policy CFS. In addition,
the following principles will form part of any agreements:-
(1) contributions will be sought on the basis
of demand for educational facilities generated by the development;
and
(2) the level of financial contributions will
be sought on the basis of the scale and nature of educational
need.
Explanation:
7.55 New dwellings are likely to generate the need for
additional school places. In addition to educating children,
schools also provide a valuable community resource for sports
and meetings, etc. Policy CF1 seeks to encourage
dual use of schools.
7.56 The needs of schools and other educational establishments
are noted in Policies CF8 - 11. There are no
schools in central Torquay, and several other areas in Torquay
and Paignton do not have spare capacity to accommodate increased
numbers of pupils.
7.57 The principles governing developer contributions
are noted in Policy CF6 and in Circular 1/97.
Educational and community facilities are noted as appropriate
areas for developer contributions. The level of contributions
expected from developers will be based on a standard assessment
procedure prepared in liaison with the Director of Learning and
Culture.
7.58 The shortage of land in Torbay and need to limit
development of greenfield sites means that a large proportion
of Torbay’s housing will be provided on smaller ‘windfall’ sites.
Contributions will be sought on the basis of likely educational
demand generated by development. There is a need to operate this
policy in such a way that it does not adversely affect the affordability
of housing provided in accordance with Policies H5 -
H6, nor impose an unacceptable burden on brownfield
sites. In addition, education contributions will not be required
for developments that are unlikely to generate significant need
for education facilities, such as sheltered housing.
7.59 For the above reasons, it is not always possible
to locate educational facilities close to new houses. Educational
catchment areas are not fixed and there is scope to cascade them
and release capacity in constrained urban areas, when new educational
facilities on edge of centre sites are opened. In any event,
it will be important to ensure that contributions are assigned
to specific educational projects.
CF8 Primary school provision
The following new primary school provision,
extension and improvement is proposed:-
(1) the extension and improvement of Watcombe
Primary School, Torquay;
(2) the extension and improvement of Barton
Primary School, Torquay;
(3) new primary school at site of former Westlands
Lower School, Torquay;
(4) the extension of Torre C of E Primary
School, Torquay, to form nursery accommodation;
(5) the extension and improvement of Sherwell
Valley Primary School, Torquay;
(6) a new primary school at Great Parks, Paignton;
(7) the extension and improvement of Foxhole
Junior School, Paignton; and
(8) the extension and improvement of Foxhole
Infants School, Paignton.
Explanation:
7.60 The Director of Learning and Culture has indicated
that there will be a need for a new primary school at Great Parks,
when new developments have reached a sufficient level in relation
to agreed phasing arrangements. The developers will need to ensure
that
sufficient lead time is given to enable the proper phasing
of the school in line with projected completions.
7.61 A Section 106 Agreement makes provision for the cost
of acquisition of land for this new school by the education authority
to be defrayed by the payment of a levy per completed dwelling.
The proposed primary school at Great Parks could include joint
community facilities.
7.62 In addition, extension and improvements to a number
of existing schools are proposed. Proposals for Barton Primary
School (car parking, access, playing fields, etc) will not increase
pupil numbers.
7.63 An extension of Torre Primary School is proposed
for the provision of nursery facilities. However, the development
of such facilities in all of these schools will be supported
in principle. Furthermore, it is anticipated that schools will
become the focal points of the communities which they will serve.
Joint provision, including cultural / social facilities and leisure
provision, will therefore be encouraged, either in the form of
an integrated design or as free-standing development on part
of the land safeguarded in the Local Plan (see Policy
CF1 and Explanation).
7.64 The Director of Learning and Culture has indicated
that there is currently not a need for a new Primary School at
Scotts Bridge/Barton during the Plan period. However, this position
will be carefully monitored and addressed when this Local Plan
is reviewed. Any need would be assessed against the criteria
set out in Policy CF10.
CF9 Secondary school provision
The following new secondary school provision,
extension and improvement is proposed:-
(1) the extension and improvement of Cuthbert
Mayne School;
(2) the extension and improvement of Torquay
Community College, including a sports hall;
(3) the redevelopment and improvement of Westlands
School, Torquay, including a community sports hall;
(4) the extension and improvement of Paignton
Community College, Paignton; and
(5) the extension and improvement of Brixham
Community College.
Explanation:
7.65 Several factors point to the need for an expansion
of secondary school places in Torbay, in particular the rising
number of children in the primary schools in Torbay. The Council’s
policy is to address the need for additional places through the
expansion of facilities within existing school campuses.
7.66 Westlands School, Torquay is undergoing a major upgrade
of facilities through redevelopment of its campus. Westlands
is situated in a well populated neighbourhood within the heart
of the urban area of Torquay. The area is also deficient in playing
areas and open space generally and lacks adequate community provision.
The school and its facilities are within easy walking distance
of a large population. Proposal R3.4 aims to
assist the extension and improvement of Brixham Community College
by making provision for additional playing fields at Centry Road,
Brixham.
7.67 All the schools noted above have some scope for expansion.
The Director of Learning and Culture will be keeping the need
for new secondary school provision under review.
CF10 New schools and improved school facilities
The provision of new schools or the improvement
of educational facilities at existing schools will be permitted
provided that the following considerations apply:-
(1) sites for new schools are well related
to existing or proposed residential areas, accessible to public
transport and have safe pedestrian and vehicular access;
(2) school sites are of a sufficient size
to accommodate the satisfactory design and layout of new or
improved school facilities;
(3) proposals have regard to the need to safeguard
existing playing fields within the school site; and
(4) proposals can be accommodated without
undue detriment to surrounding residential areas.
Explanation:
7.68 Education is a high priority for central Government
and is vital to the social and economic well-being of Torbay.
Details of proposals for new primary and secondary school provision
are set out in CF8 and CF9.
7.69 Estimates of any additional demand for school places
in Torbay during the Plan period are necessarily tentative as
they are dependent on future birth rates. Latest population projections
suggest that Torbay will require further school places by 2011.
The need for new school provision throughout Torbay during the
Plan period will be kept under review by the Director of Learning
and Culture.
7.70 At present, there are a number of schools operating
at over capacity that need to extend or where demand needs to
be met by building a new school in the vicinity. Policies
CF8 and CF9 set out specific proposals
for new schools and extensions. Policy CF10 above
provides criteria for considering other proposals for improvements
to existing or the provision of new schools during the Plan period.
7.71 The location of schools should be carefully considered
to reduce the need to travel by non-sustainable means such as
by car, and therefore proximity to residential areas is likely
to be desirable. However, safe pedestrian and vehicular routes
are also a priority. The impact on the amenity of nearby residential
properties is an important consideration.
7.72 Extensions onto school land must have regard to the
need to retain sufficient outdoor space to provide playing field
and recreation needs.
7.73 Security in educational buildings is an important
consideration for pupils and staff. Due regard should be had
to Policy CF2 Crime Prevention during the early
design stages of any new building works.
CF11 South Devon College
The improvement and development of facilities
for South Devon College will be permitted within the education
campus defined on the Proposals Map, subject to the following:-
(1) the protection of the amenities of the
surrounding residential areas; and
(2) the implementation of a company transport
plan serving the accessibility needs of the College.
Explanation:
7.74 Current Government planning policy guidance (including
PPG12 ‘Development Plans’ (1999), paragraph 4.14)
states that plans should make provision for further education.
This is supported by recent Government policy forecasts, which
predict a significant increase in students in both further and
higher education over the Plan period.
7.75 South Devon College has a programme to increase and
improve its facilities over the Plan period in order to retain
its attractiveness to students. The College also contributes
to the social life of Torbay and is an important factor in the
local economy in terms of being a major employer, a source of
additional revenue coming into Torbay and maintaining an important
research and development link with local companies. The campus
site has relatively limited parking and excessive on-road parking
may harm highway safety and amenity. Alternatives to car use
such as cycling and public transport will therefore be encouraged.
7.76 It should be noted that in 2003, Planning Permission
was granted for the relocation of South Devon College to Long
Road, Paignton. The objective underpinning this decision is to
secure the long term future of the College and strengthen links
with local businesses. If implemented this will create a significant
redevelopment opportunity on the current site in Torre, Torquay.
CF12 Language schools
The provision of language schools will be permitted
within town and district centres (subject to Policies S3, S4
and S9). The introduction of such schools elsewhere may be appropriate
where good access exists to public transport, subject to the
protection of neighbourhood amenities and, where holiday locations
and accommodation are affected, to Policies TU6 and TU7.
Explanation:
7.77 Torbay already has a sizeable number of language
schools, many of which occupy either converted commercial property
on the fringes of town centres (especially Torquay) or larger
properties in residential areas. They not only fulfil an educational
role but they put Torbay on the international map, increasing
the potential for cultural exchanges, increased numbers of foreign
tourists and possibly future business opportunities within the
European Community. There are also local economic benefits, both
in terms of employment and potential links with local companies
in need of translation services and international business information.
7.78 The presence of foreign students is considered to
make an important contribution to Torbay’s Riviera tourism
image and there may be situations where the conversion of holiday
accommodation use to a language school may be acceptable.
7.79 In residential areas, the Council will need to be
satisfied that an on-street parking problem will not be caused
and that residential amenities will not be adversely affected.
CF13 Torbay Hospital
Proposals for the expansion, redevelopment
and improvement of facilities at Torbay Hospital will be permitted
provided that:-
(1) the campus is used only for development
related to the hospital’s primary function of providing
health care;
(2) landscaping is provided both within and
around the perimeter of the site which maintains and enhances
the amenity and wildlife features of the hospital grounds and
which reduces the impact on surrounding residential areas of
any development which may take place;
(3) an integrated transport and parking policy
which seeks to address the transportation needs of the campus
and the surrounding area is implemented; and
(4) new development does not have a detrimental
effect on the amenities of the surrounding residential areas.
Explanation:
7.80 Torbay Hospital is a District General Hospital serving
the entire South Devon Healthcare area. In order to serve this
sub-region and the additional demands placed on it by tourists,
the South Devon Healthcare NHS Trust is looking to ensure that
the services provided by the hospital remain up to date and of
a high quality. There could be a significant expansion of facilities
over the Plan period including improved access and car parking
arrangements. It is therefore important that the land currently
comprising the hospital campus is reserved for health-related
developments only.
7.81 At present the hospital buildings are separated from
the adjacent residential areas to the north, west and south by
attractive open spaces. These act as a buffer and help to preserve
the amenities enjoyed by nearby residents and provide a pleasant
environment for the patients, staff and visitors. It is important
to maintain the effectiveness of this role and the Council will
be looking for appropriate planting and other environmental works
to ensure that any new hospital developments do not have a detrimental
effect on adjoining residential areas.
7.82 It is becoming increasingly difficult to accommodate
the demand for car parking at Torbay Hospital. Additional development
must therefore be linked to schemes which provide realistic alternatives
to the provision of parking. The Council will seek to encourage
alternative transport facilities to serve Torbay Hospital. A
park and ride scheme, linked to the proposed site at Lawes Bridge
(see Policy T11) would provide an alternative
for many hospital employees currently using the car parks on
the campus, which would free them for use by the public. Improved
access through more effective public transport provision and
cycle facilities would also help to reduce the pressure on parking
space.
7.83 Although not a District General Hospital, Paignton
Hospital provides a range of health services within easy reach
of residents of Paignton. It is considered important to retain
these services for the benefit of the local population. Similarly,
the retention of Brixham Hospital is considered important.
CF14 Health centre, Great Parks
A new health centre is proposed within the proposed
Local Shopping Centre at Great Parks, Paignton.
Explanation:
7.84 A need has already been identified for new health
care facilities in the Great Parks area of Paignton. This will
increase when the new Great Parks development proposals come
on stream during the Plan period. It is the intention of the
Council that the new development should be planned as a community
and not just as a housing estate.
7.85 New health facilities are an integral part of community
provision and location within the proposed shopping centre (see Policy
S11.2) will create a focus for such activities.
7.86 The implementation of this objective will be enhanced
by planning obligations accruing from development at Great Parks.
CF15 Accommodation for people in need of
care
Planning applications for the provision
of accommodation designed specifically to meet the needs of
the elderly (i.e. elderly persons’ homes, nursing homes
and sheltered accommodation) and other people in need of care
will be permitted provided that the following criteria are
met:-
(1) premises are well related to the local
residential community, accessible to public transport and within
walking distance of local shops and other everyday facilities;
(2) proposals will only be permitted outside
the built-up area in more isolated locations, where premises
are accessible from the main road network and the development
or use does not conflict with landscape protection or nature
conservation policies in the Local Plan;
(3) there is adequate amenity space within
schemes, having due regard to the character of the surrounding
area, together with appropriate landscaping to ensure attractive
surroundings for residents;
(4) there is appropriate provision for service
vehicles and car parking in accordance with Local Authority
standards;
(5) the development or change of use would
not lead to an over-concentration of uses within the area and
would not be to the detriment of the character or amenities
of the neighbourhood;
(6) appropriate accommodation is provided
for staff whether on site or with direct communication with
residents, to ensure that there is proper care for occupants;
and
(7) the character and function of Principal
Holiday Accommodation Areas should not be adversely affected.
Explanation:
7.87 There is a wide range of people in need of care.
This includes the elderly, people with disabilities or special
needs. The South Devon Healthcare NHS Trust and Torbay Council’s
Social Services Directorate have embraced ‘care in the
community’, where the needs of the mentally ill and those
with disabilities can be appropriately and satisfactorily met
in the community (see also Policy H5 Affordable housing
on identified sites).
7.88 Residential accommodation for people in need of care
will usually fall within Use Class C2 of the Town and Country
Planning (Use Classes) Order 1987. Sheltered housing and similar
schemes may fall under Use Class C3 (Dwelling houses) depending
on the level of care and scale of operation (see paragraph 7.97).
There are a variety of types of accommodation which are considered
below.
Sheltered Housing
7.89 Sheltered housing is designed to meet the needs of
semi-independent people such as the active elderly. Such people
are usually able to live independently but who may require the
security of warden care, either within the complex or in communication
with it.
7.90 Such residents will often be less mobile than the
majority of the population. Sheltered accommodation should therefore
be accessible and conveniently sited in relation to an appropriate
range of local shopping, health and community facilities.
7.91 Adequate car parking should be provided to meet the
needs of residents as well as provision for visitors.
Registered Homes
7.92 Registered homes provide a higher level of care than
sheltered housing. There are a large number of such premises
in Torbay, provided predominantly by the private sector for elderly
people. Such homes would typically include residential care homes
and nursing homes.
7.93 In urban areas, premises will usually be located
primarily in residential areas and should be part of the community.
They will therefore usually be reasonably accessible to local
shops and community facilities, as well as public transport.
Some proprietors may wish to operate homes in the countryside,
which are at some distance from such facilities, capitalising
on attractive surroundings and large grounds. Such proposals
will be regarded as exceptions to this policy and in any event
will be expected to be in accordance with relevant countryside
policies.
7.94 Many residents will be largely ‘house-bound’ and
as a consequence the Council will wish to ensure that homes are
set in reasonably spacious grounds which are capable of providing
adequate amenity space for their use. The relatively high levels
of immobility amongst residents suggests that such amenity space
and a reasonably attractive and environmentally acceptable outlook
will be particularly important considerations when determining
applications.
7.95 An over-concentration of residential homes can have
an undesirable effect upon the character of an area. Therefore
numbers of residential homes in a locality will be a material
consideration in determining applications. Where unimplemented
planning permissions could lead to potential future over-concentrations,
it may be appropriate to limit approvals to two years in order
to ensure that serious prospective operators are not discriminated
against.
7.96 Registration criteria and detailed operational requirements
for homes are the responsibility of the Social Services Directorate
and the Health Authority (as appropriate) under separate legislation.
Other types of homes
7.97 There is a wide range of types of home for people
requiring care. Some small scale ‘care homes’ are
operated as dwelling houses within Class C3 of the Use Classes
Order, so long as no more than six persons live at the property
and they occupy it as part of a single household sharing cooking,
bathroom etc. facilities. Where a building is not occupied as
a single dwelling or accommodates more than six people, it will
require planning permission for use as a residential home. The
specific requirements of these groups will determine appropriate
locations. It will usually be appropriate for such homes to be
located in the built up area, within easy reach of local shops
and other facilities. However, in certain cases it will be appropriate
to site homes in more isolated locations, for example if they
are likely to generate noise. Proposals for hostels are dealt
with in Policy CF3.
7.98 Given the wide range of types of accommodation, it
is important that proposals are considered on their individual
merits. The impact of a proposed development on amenity and the
environment will be a relevant planning consideration. As well
as the suitability of an area for such uses, the cumulative impact
of proposals should be taken into account to prevent an over-concentration
of such facilities, which could hamper integration into the community
and affect the character of the neighbourhood.
7.99 There will be instances where it will be appropriate
to restrict the use to a specific client group, where other uses
within Class C2 of the Town and Country Planning (Use Classes)
Order 1987 would not be suitable. In appropriate circumstances,
the Council will enter into Section 106 Agreements in relation
to car parking, age of occupants and other matters considered
relevant to securing a satisfactory development.
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