Draft Planning Obligations Supplementary Planning Document

Ended on the 19 January 2023
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Green and Blue Infrastructure

Obligation

Green and Blue Infrastructure (GBI) on-site provision, enhancement and/or restoration

Criteria

GBI assessment, pre-planning and design

G2. To assist the Council in assessing planning applications against Policy NE02, proposed major development should follow the steps below:

  1. undertake relevant surveys and site assessment, including landscape and visual impact assessment where appropriate;
  2. clearly identify existing and future GBI constraints and opportunities within or in proximity to the development sites; where pre-application advice was given, how design revision has addressed pre-application advice;
  3. submit a GBI plan and landscape strategy drawing as part of the application, which should include an indication of the site's context, access and connections to the existing GBI, any potential impacts to the existing GBI and mitigation measures, proposed palette of planting and hard landscape materials;
  4. consider the creation of multi-functional spaces that can enable other requirements, such as the provision of outdoor sport, SUDs, renewable energy sources, and climate change amelioration, to be met. The Council may require a composite plan, indicating existing and proposed planting, lighting, drainage and levels information, to ensure that there are no conflicts between these elements;
  5. submit a Management and Maintenance Plan for the entirety of the GBI (more details on this below).

Enhancement and restoration

G3. Where a proposed development has an impact on the existing GBI in its proximity, applicants should set out the mitigation measures to meet Policy NE02 requirements. In some cases, an improvement to quality may be more appropriate than an addition to green space. A commuted sum may be sought towards the enhancement and restoration of existing GBI. This will be determined on a case-by-case basis. For open space enhancement, see later sections of this table.

On-site provision

G4. All activities relating to site clearance and building phases; existing vegetation – trees and hedgerows should be protected during development.

G5. On-site GBI provision must ensure that there is no obstruction of the public rights of way unless a legal order has been put in place that provides a suitable alternative route for temporary diversions and complies with legal tests and ECC's requirements regarding Public Path Order for permanent diversions.

G6. Outdoor sport and open space, as well as SUDS, are an important part of GBI. Further guidance to on-site provision and commuted sum for outdoor sport and open space is provided below.

Planning approval and discharge of conditions

G7. Tree protection will be secured by condition.

G8. Applicant may wish to apply for a Public Path Order if required, to ensure this is planned in within the required timescale.

G9. When revised plans are submitted, all amendments should be clearly highlighted to assist the Council's assessment within the required timescale.

G10. Detailed planting plans submitted to discharge a landscape condition, should include full plant schedules detailing quantity, size, type and specification of all planting, including grass specification.

Justification

Policy NE02 is clear that Brentwood's network of GBI will be protected, enhanced and managed. Part (2) of this policy sets out that:

"New development is expected, where possible and appropriate, to maximise opportunities to enhance or restore existing GBI provision and/or create new provision on site that connects to the wider GBI network. Its design and management should also respect and enhance the character and distinctiveness of the local area."

Figure 8.1 in the Brentwood Local Plan sets out the GBI typology found in Brentwood.

Policy background

Strategic Policy NE02: Green and Blue Infrastructure


Obligation

On-site provision of outdoor sport and open space

Criteria

G11. All residential development proposals, including care home development, comprising more than 10 housing units or more than 1,000 sqm gross internal area floorspace are required to provide around 41 sqm per person for the following types of space:

  1. Outdoor sport
  2. Children's playing space
  3. Allotments and community gardens
  4. Formal open space
  5. Informal and natural open spaces
  6. Amenity greenspace

G12. Children's playing space in this context refers to equipped play area. Provision for children's playing space will not be required for studio or 1-bedroom units or developments specifically and exclusively marketed for the over 65's. Where these are included in the proposed development, the Council's Open Space Calculator (set out in Appendix B). automatically adjusts the above 41 sqm requirement.

G13. Definitions for each space type above are provided in the Glossary of this document.

G14. All non-residential development proposals of 1,000 sqm and above are required to provide a minimum of 6 sqm per additional FTE employee for amenity greenspace.

G15. Table 1 illustrates requirements for each category of open space, the likely maintenance costs (for on-site and off-site provision) and capital costs and improvement costs (for off-site provision).

G16. Developers are encouraged to use the Council's Open Space Calculator as a guidance (available online, a screenshot showing an example using this Calculator is provided in Table 2). This provides an approximate calculation of the space required on-site, and/ or commuted sums required by the Council, based on occupancy rates assumptions presented in Table 3. The Calculator also tests whether the proposal is policy compliant in different scenarios. When using the Open Space Calculator, if the exact number (and size) of dwellings are unknown, applicants should estimate the total number of dwellings by applying a minimum density of 35 dwellings per hectare (dph) and the approximate size of the dwellings. This will provide an initial guide of the likely open space requirements which can be revisited for the reserved matters application. The Calculator does not include SuDS commuted sums which may be required in addition to the open space commuted sums.

G17. The Calculator should be used as a guidance only, the precise mix and types of the above space provision will depend on the nature and location of the proposal, the existing provision in the surrounding area and the quantity/ type of open space and playing pitches needed in the area. This should be the subject of detailed consideration at the pre-application or application stage.

G18. Where a proportion of on-site provision is made, a pro-rata reduction will be made in calculating the level of the off-site contribution, as shown in the Calculator.

G19. Outdoor sport and open space are considered a type of GBI. As such, Policy NE02 (part 4) regarding maintenance plan will also apply to the provision of this type of space on-site.

Maintenance payments

G20. Maintenance contributions will be required for all open space provided on-site when responsibility for the long-term maintenance resides with Brentwood Borough Council or a Parish Council. This will be calculated according to the landscape layout and quantified elements to be provided by the developer and will be required for 25 years after completion.

G21. The Council's preference is for all open spaces to be transferred to and adopted by the Council with a commuted maintenance sum. If a developer chooses to retain open space, it should be maintained by a recognised not-for-profit management trust. Where appropriate, and following negotiation between the relevant parties, open space can also be transferred to a Parish Council.

G22. Adoption of open space would take place after any construction and development maintenance liability periods have expired.

Self-managed open space

G23. Should a developer wish to self-manage open space, the Council would require public access agreements and an agreed maintenance specification and inspection regime, secured through a legal agreement. In addition, the Council would require a conditional performance bond issued by a reputable financial institution in favour of the Council, to a specified indexed linked amount that has been agreed (informed by the Open Space Calculator). This would enable the Council to call upon the bond in the event of the owner of the open space becoming financially unviable or failing to comply with its management and maintenance obligations under the Section 106 agreement.

Justification

Access to good quality open space is essential for health and well-being. In the first instance, development should deliver on-site open space requirements as set out in Policy NE05 and relevant evidence.

Part (3) of this policy and paragraph 8.58 refer to the Council's adopted open space standards, Figure 8.2 and 'any subsequent update'. However, the Council's previous standards have become outdated and Figure 8.2 of the Local Plan only details some of the open space requirements.

This section provides clarity for part (3) of this Policy and expands on Figure 8.2 regarding the amount and type of provision required as part of new development.

Policy background

Strategic Policy NE02: Green and Blue Infrastructure

Strategic Policy NE05: Open Space and Recreation Provision

Site specific policies


Obligation

Green and Blue Infrastructure (GBI) maintenance plan

Criteria

G24. Where GBI (including outdoor sport and open space) is provided on-site, before or concurrent with the submission of the application, a Management and Maintenance Plan for the entirety of the GBI should be submitted to and approved in writing by the Council.

G25. This shall include:

  1. details of who will be responsible for the management and maintenance of the entire GBI, including broad long term design objectives; and
  2. details of who will be responsible for the management and maintenance of allotments.

G26. The Management and Maintenance Plan for the entirety of the GBI should be accompanied by a schedule for the implementation of the proposed works and a Phasing Plan and implemented in accordance with it in perpetuity.

Justification

Policy NE02 (part 4) sets out that "proposals should provide appropriate specification and maintenance plans for the proposed green and blue infrastructure throughout the life of the development."

Policy background

Strategic Policy NE02: Green and Blue Infrastructure


Obligation

Improvements to existing open space in the local area of the development

Criteria

G27. There may be instances where all residents of the proposed development can access the existing outdoor sports amenity green space, facilities/playing pitches and provision for children and young people in the local area of the development. 'In the local area' in this context is defined below unless otherwise agreed with the Council:

  1. within 1.6 km walking distance to an outdoor sports facility/ playing pitch;
  2. within 100 m walking distance of a children's playing space;
  3. within 2 km walking distance of an amenity green space;
  4. within 1 km walking distance to three other different types of open space.

G28. In this instance:

  1. If the Council deems the existing outdoor sport and open spaces in the local area have capacity to meet development's demands in full, and they are of sufficient quality standards, no contribution towards quality improvements will be required.
  2. If the Council deems the outdoor sport and open spaces within the local area can only meets part of development's needs, or they need improvements to accommodate additional demands, a proportionate contribution towards quality improvements, provision and maintenance will be required by way of a commuted sum using the Council's Open Space Calculator.

G29. If not all the residents of the proposed development can access outdoor sport and open space within the distance outlined above, the applicant should proceed to calculate their remaining open space requirements using the Council's Open Space Calculator.

Justification

Policy NE02 (part 4) sets out that "proposals should provide appropriate specification and maintenance plans for the proposed green and blue infrastructure throughout the life of the development."

Policy background

Strategic Policy NE02: Green and Blue Infrastructure

Strategic Policy NE05: Open Space and Recreation Provision


Obligation

Commuted sum in lieu of on-site provision (including maintenance)

Criteria

G30. Where the above requirement cannot be met in full, a commuted sum in lieu of on-site provision will be required. Table 1 sets out the Council's rates to provide, improve and maintain off-site provision.

G31. For other sport contribution, developers should refer to Sport England's Playing Pitch New Development Calculator, Sport England's latest capital costs.

G32. As mentioned above, developers should refer to the Council's Open Space Calculator as a guidance. This provides an approximate calculation of the space required on-site, and/ or commuted sums required by the Council, based on occupancy rates assumptions presented in Table 3.

Timing / triggers of provision or payment

G33. In the case of a large-scale development, it may be that the payments or provision would be phased to meet the proportional impact of each phase. Trigger points for payments or provision will be included in the legal agreement, as will the period in which any contribution will have to be spent.

Justification

Policy NE05 recognises that on certain sites, in particular smaller sites, it may not be feasible to deliver such spaces within the site boundary, and that a contribution towards off-site delivery may be required in full or in part as appropriate.

Policy background

Strategic Policy NE02: Green and Blue Infrastructure

Strategic Policy NE05: Open Space and Recreation Provision

Table 1: On-site outdoor sport and open space requirements and how the Council calculates commuted sum in lieu of on-site provision and maintenance

RESIDENTIAL DEVELOPMENT

Outdoor sport and open space requirements

ha per 1,000 population

sqm per person

Capital costs per sqm

Maintenance costs per sqm over 25 years

Improvement costs

Justification

SPORT

Outdoor Sport

3.15

31.5

£72.00

£14.40

£57.60

  • The Local Plan, Figure 8.2
  • Playing Pitch Strategy 2018 – 2033 (2018)
  • Sport, Leisure and Open Space Assessment (2016)
  • CIL and Local Plan Viability Appraisal (2022)
  • Review of Council's costs data

OPEN SPACE

Children's Playing Space (per child) (*)

0.13

1.3

£220.00

£44.00

£176.00

Allotments and Community Gardens

0.18

1.8

£25.00

£2.00

Formal Open Space

0.21

2.1

£40.00

£8.00

£32.00

Informal and Natural Open Spaces

0.21

2.1

£13.00

£2.60

Amenity Greenspace

0.22

2.2

£20.00

£4.00

£16.00

Total

4.1

41

EMPLOYMENT DEVELOPMENT
Open space requirements ha per 1,000 additional employee sqm per additional employee Local plan / evidence
OPEN SPACE Amenity Greenspace 0.6 6 A combination of Sport, Leisure and Open Space Assessment (2016) and CIL and Local Plan Viability Appraisal (2022)
Total 0.6 6

EMPLOYMENT DEVELOPMENT

Open space requirements

ha per 1,000 additional employee

sqm per additional employee

Capital costs per sqm

Maintenance costs per sqm over 25 years

Improvement costs

Justification

OPEN SPACE

Amenity Greenspace

0.6

6

£20.00

£4.00

£16.00

As above

Total

0.6

6

(*): Contributions towards children's play provision will not be required for studio or 1-bedroom units or developments specifically and exclusively marketed for the over 65's.

Table 2: An example of a residential development using the Open Space Calculator (available on the Council's website)

This form provides an approximate calculation of the space (or commuted sums in lieu of open space and outdoor sport) that is required by the Council. This should be used as guidance only.

Site area (ha) 2.80 ha
Property Mix
1 bedroom 4 4%
2 bedroom 36 36%
3 bedroom 30 30%
4 or more bedrooms 30 30%
Total properties 100 units
(excluding sheltered, retirement and extra care)
Total population 282 people
(estimated)
Total children 108 children
(estimated)
% of on-site open space requirements against total site area 41%
Density 36 dph

Scenario 1: on-site requirements are met in full

Development provides this amount of space for outdoor sport and open space on-site, in line with policy requirements. The detailed break-down is as follows: 11,494.60 sqm in total This policy is compliant
Outdoor sport 9,009.00
Children's playing space (equipped) 140.40
Allotments and Community Gardens 514.80
Formal Open Space 600.60
Informal and Natural Open Spaces 600.60
Amenity Greenspace 629.20
The above outdoor sport and open spaces are then transferred to and adopted by the Council and the developer pays the Council a commuted maintenance sum of:  £147,364.36
Alternatively, developer chooses to retain this open space, and it will be maintained by a recognised not-for-profit management.

Scenario 2: on-site requirements are met in full, with variation to the mix of open space types

Development provides this total amount of space for outdoor sport and open space on-site. However, the breakdown of each type of open space is different that the indicative standards. (Fill in the red boxes below with your estimated provision for each type to check if it meets the total quantum required) 11,650.00 sqm in total This appears to meet the quantum required, however, the types of space and quantum of each type needs to be agreed by the Council
- comprising of:
Outdoor sport 9,000.00
Children's playing space (equipped) 150.00
Allotments and Community Gardens 500.00
Formal Open Space 500.00
Informal and Natural Open Spaces 1,000.00
Amenity Greenspace 500.00
The above outdoor sport and open spaces are there transferred to and adopted by the Council and the developer pays the Council a commuted maintenance sum of: £147,300.00
Alternatively, developer chooses to retain this open space, and it will be maintained by a recognised not-for-profit management

Scenario 3: no on-site provision is made, commuted sum is required

No on site provision is made, as such developers are required to make this financial contribution for the Council to provide an equivalent amount of the outdoor sport and open spaces to meet the additional demands off-site, and maintain this space over 25 £884,186.16 This can make development policy compliant. To be discussed with the Council.

Scenario 4: no on-site provision is made, but demands can be met by improvements to the existing facilities

No on-site provision is made; however, there is sufficient capacity and provision in the locality to meet the total open space needs of development. In this instance, the Council will require a contribution towards the improvements of such space an amount of: £572,915.20 This can make development policy compliant. To be discussed with the Council.

Scenario 5: insufficient on-site provision, remaining demands to be met off-site via a commuted sum

Development provides some space on-site; but it does not meet the requirement in-full, and there is no capacity in the local green space to meet additional demands. (Fill in your estimated provision below).

Types of space On-site provision (sqm) Shortfall (sqm) This can make development policy compliant. To be discussed with the Council.
Outdoor space 5,000.00 4009.00
Children's playing space (equipped) 150.00 -9.60
Allotments and Community Gardens 500.00 14.80
Formal Open Space 500.00 100.60
Informal and Natural Open Spaces 1,000.00 -399.40
Amenity Greenspace 500.00 129.20
Total 7,650.00 3,844.60
In this instance, the developers are required to contribute towards the provision and maintenance of off-site space an amount of: £347,477.00
This takes into account any on-site surplus provision against the standards. This amount has been offset: £7,304.20

Scenario 6: insufficient on-site provision, remaining demands to be met via improvements to the existing facilities

Development provides some space on-site; although it does not meet the requirements in full, there is capacity in the local area to meet the remaining demands. (Fill in your estimated provision below).

Types of space On-site provision (sqm) Shortfall, to be met by existing local provision (sqm) This can make development policy compliant. To be discussed with the Council.
Outdoor sport 5,000.00 4009.00
Children's playing space (equipped) 150.00 -9.60
Allotments and Community Gardens 500.00 14.80
Formal Open Space 500.00 100.60
Informal and Natural Open Spaces 1,000.00 3844.60
Amenity Greenspace 500.00 129.20
Total 7,650.00 3844.60
In this instance, the developers are required to contribute towards the improvements of existing facilities in the local area an amount of: £228,900.60
This takes into account any on-site surplus provision against the standards. This amount has been offset: £7,304.20

Scenario 7: insufficient on-site provision, demands to be met via both off-site provision and improvements to the existing facilities

Development provides some space on-site; however, unmet demands will have to be met via both off-site provision and improvements to the existing facilities. 

In this instance, please contact the Planning Development Management Team. The pre-application service allows for an opportunity to discuss the proposed development with the future Planning Officer who will assess your application. 

N/A
Table 3: The Open Space Calculator's assumptions on occupancy rates expected from new development

Property size

Number of people

Number of children

1 bedroom

1

0

2 bedroom

2

0.5

3 bedroom

3

1

4 bedroom

4

2

 
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