Implications for sport and recreation
Policies in Local Development Frameworks (LDFs) and the
‘necessity test’
There is a new emphasis on policies in development plans
defining what is necessary in planning terms to make new
development acceptable. It is important that LDFs specifically
refer to the situations in which sport and recreation should be
provided in conjunction with new development [paras B8 and
B25].
New typology for the use of
obligations
Most obligations for sport and recreation will be justified
under the headings of ‘compensation’ or ‘mitigation’. Compensation
will be for loss of or damage to a facility such as a playing field
or open space. Obligations for mitigation will be in situations
where’…a proposed development would give rise to the need for
additional or expanded community infrastructure’ [paras B3 and
B15-16].
Past deficiencies
The Circular accepts that by seeking sport and recreation
facilities that would not have been needed without the development,
local authorities are conferring some wider benefit on the existing
community. Thus the rather artificial and rigid distinction between
new demand and past deficiencies is removed. The Circular says that
‘…planning authorities should not be used solely to resolve
existing deficiencies in infrastructure provision’. This should
allow increased emphasis to be placed on the refurbishment of
existing sport and recreation facilities through planning
obligations [para B9].
Pooled contributions from a range of sites
The practice of pooling contributions from a number of schemes
is acknowledged, reflecting current practice in the area of sport
and recreation [para B21].
Pooled contributions across local authority
areas
It is suggested that in future, pooling can take place across
local authorities where there is a cross-authority impact. Swimming
pools, sports halls and other strategic facilities may have such
impacts. It would appear any such arrangements should be contained
in policy in the Local Development Framework [B21].
Major facilities in growth areas
Where planning obligation issues arise, these should be
addressed in the Regional Spatial Strategy, for later
interpretation in Local Development Frameworks [para B29].
Formulae and standard charges
These are encouraged; authorities should publish their levels of
standard charges and formulae in advance. This reflects the current
position for many local authorities in terms of sport and
recreation. Local authorities should state which matters they will
treat in this way in their Local Development Frameworks
[B33-35].
Recovering administrative costs
Where the rates/levels of contributions are specified by the
local authority in advance (eg through standard charges) it may be
acceptable to seek contributions towards the cost of preparing the
obligation itself [B34].
Maintenance payments
Where contributions are secured for facilities that
are’…predominantly for the benefit of the users of the associated
development’ it may be appropriate for the developer to make
provision for subsequent maintenance (ie physical upkeep) of such
provision. Such provision may be required in perpetuity.
Where contributions towards the initial support (’Pump priming’)
of new facilities are necessary these should be time limited
reflecting the time lag between the provision of the new facility
and its inclusion in public sector funding streams.
[Note; what comprises a ‘facility primarily for the benefit of
the users of the associated development’ is not further defined in
the guidance].
In the interim (before Local development frameworks are
approved)
The Circular encourages local authorities to write SPD for
planning obligations using the provisions in the Circular in the
time period before local development framework policies are
approved [B27].
[Note: It appears therefore that no authority need be held up in
preparing a scheme for sport and recreation obligations by the
non-approval of their local development framework policies]