Planning contributions

An effective way of securing provisons, funding and other resources for sport and recreation provision in association with new development is through the use of developer contributions.

  • Developer contributions can be made up of two elements;
  • Charges under the Community Infrastructure Levy (CIL) towards infrastructure provision to support development in an area generally and/or

Site specific planning obligations under Section 106 of the 1990 Act, designed to make individual applications acceptable in planning terms.

Advice for local authority planners, leisure and sports officers regarding CIL

  • Potential charging authorities [district councils, unitary authorities and the London Boroughs], will now be considering whether to adopt CIL in parallel with the use of section 106 agreements, or to retain section 106 agreements alone, as ways of securing developer contributions.
  • Planning, leisure and sports officers should;
  • Assess existing information on the need and demand for sport and recreation provision in terms of how it will assist in creating a CIL charging schedule
  • Look at the potential for adapting any existing standard charge approaches to sport, currently used for section 106 agreements, into CIL charges
  • Ensure liaison between sport and planning officers results in built sports facilities, as well as outdoor facilities such as playing fields, being included in CIL charging schedules
  • Consider how lists of appropriate projects, in areas affected by development, can be established and prioritised for implementation.

 

The Community Infrastructure Levy

The Community Infrastructure Levy [the levy] allows local authorities to set financial charges which developers must pay when bringing forward new development in order to contribute to new infrastructure. The money can be used to support development by funding infrastructure that the council, local community and neighbourhoods want. The levy is intended to assist in providing infrastructure to support the development of an area rather than to make individual applications acceptable in planning terms.

‘Sporting and recreational facilities’ are included within the definition of CIL infrastructure in the 2008 Planning Act (section 216).

The levy was brought into operation in April 2010 and, where adopted, applies to virtually all new housing and commercial development.

In order for the levy to be operational in an area, the charging authority must produce a draft charging schedule which is subject to public consultation. The schedule must also undergo a public examination by an independent person before it can be formally approved.

The Localism Bill [December 2010] introduces a number of proposed changes to the regulations. These include measures to:

  • Require a meaningful proportion of the funds collected to be passed to neighbourhoods where development has taken place; and
  • Make clear that funds can be spent on the ongoing costs of infrastructure, as well as on initial costs.

The Department for Communities and Local Government has set up the Community Infrastructure Levy Front Runners Project. The project is aimed at supporting local authorities to develop the best practise approach to implementing CIL in their local area.  

Click here for an outline of the key elements of the CIL scheme

Click here for a DCLG overview of the CIL  ( May 2011)

Planning obligations

These are private agreements between local planning authorities and developers designed to mitigate the site specific impacts of new development. Such measures will be designed to make individual applications acceptable in planning terms.

The tests of acceptability of planning obligations [that the obligation is necessary in planning terms, directly related and reasonable in scale and kind] have been made statutory. This suggests that all planning obligations capable of being charged under the CIL, will be rendered unlawful.

From April 2014 the regulations will restrict the local use for pooling contributions from a number of individual developments towards specific infrastructure. This will have the effect of removing existing tariff arrangements that have been successfully used by many local authorities for sports and recreation provision. Most developer contributions for sport and recreation provisions will therefore be secured through CIL in the future.

Maintenance contributions

Planning obligations can still be used to obtain maintenance contributions towards new sports facilities.

Click here to read an account of the key changes to planning obligations, including those relating to maintenance payments

Click here for the wording of Circular 5/05 on Planning Obligations

Systematic infrastructure planning

Planning Policy Statement 12 Local Spatial Planning identifies the local development framework core strategy as the main means of orchestrating the provision of necessary social, physical and green infrastructure in an area.

Systematic infrastructure planning forms part of the evidence base needed to justify the proposals in core strategies, and is a test of soundness of the plan. It will also be used by authorities to help shape their assessments for CIL.

Assessing sports needs, costs and the phasing of provisions is part of the infrastructure planning process.

Click here to read the DCLG guidance on infrastructure planning contained in PPS 12

Click here for information on approaches to infrastructure planning proposed by the Planning Advisory Service

Development plans

DCLG advice, and the provisions of the Localism Bill currently before Parliament, outline the following local planning framework:

  • Local development frameworks; made up of a number of development plan documents (DPD) including a core strategy, area action plans for areas of change and development, and development control DPDs;
  • Neighbourhood plans; proposed in the Localism Bill, these are plans prepared by communities to shape development in local neighbourhood areas. They will be required to be consistent with the strategic elements of local authority development plans, and a ‘light touch’ examination of the plan by an independent assessor will help ensure this; and
  • Supplementary planning documents; which give further detail of approved policies and how these work; these can include topics such as developer contributions for sport and recreation.
  • Regional Spatial Strategies will be formally abolished under the Localism Act.

Click here for the provisions of the Localism Bill currently before Parliament.

Co-operative working to prepare Local Development Frameworks

A number of local authorities are working together to develop joint core strategies and co-operative forms of infrastructure planning. Areas where this is underway include North Northamptonshire, Gloucestershire and Luton/South Bedfordshire.

Click here for further details of joint core strategies.

PPG 17 and national planning policy

Planning Policy Guidance Note 17 Planning for Open Space, Sport and Recreation advises on the situations in which planning contributions can be sought. All planning guidance, including circulars and PPGs, is currently being consolidated into a National Planning Policy framework document.

Click here for the text of PPG 17; Planning for Open Space, Sport and Recreation

Our objectives for planning contributions

Sport England Strategy 2008-2011

Our aim is to build the foundations of sporting success by creating a world-leading community sport environment in England, through the three outcomes of Grow, Sustain and Excel. To achieve this it is essential that inward investment is secured through the planning system to meet the sporting demand of existing and future residents along with known and future needs of sport.

Within Sport England’s Delivery Plan, ensuring the potential benefits of securing planning contributions are identified as a strategic priority, and as a means of maximising investment into sport. The Kitbag is one of the principal tools which we use to encourage and assist the planning system to deliver grater investment into sport through new development.

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