Development Standards SPD

Front Cover Images

Main photo: Affordable housing, Pilley

Bottom Left: New residential development

Bottom Centre: Tiptoe Village Green

Bottom Right: New Forest heathland

Development Standards 2012

Contents

1. Introduction
   • 1.1 Introduction
   • 1.2 Planning policy
   • 1.3 How to use this document
   • 1.4 Developer contributions and the Community Infrastructure Levy
   • 1.5 More information
2. Parking Standards
   • 2.1 Introduction
   • 2.2 Parking standards for new residential development
   • 2.3 Non-residential parking standards
   • 2.4 Cycle facilities and disability parking
   • 2.5 Financial contributions for highway improvements
3. Affordable Housing
   • 3.1 Introduction
   • 3.2 Planning Policy
   • 3.3 Application of Policy CP11 (Affordable Housing) in the Core Strategy & Development Management Policies DPD (2010)
   • 3.4 Financial contributions
   • 3.5 Economic viability
4. Sustainable Construction
   • 4.1 Introduction
   • 4.2 Code for Sustainable Homes
   • 4.3 BREEAM Standards
5. Open Space provision
   • 5.1 Introduction
   • 5.2 Planning policy
   • 5.3 Appropriate schemes
6. Habitat protection and mitigation of the impacts of development
   • 6.1 Introduction
   • 6.2 Core Strategy policies
   • 6.3 Implementing Policy CP1
   • 6.4 Level of contributions

Annexes

1. Annex 1: Car Parking and Cycle Standards
2. Annex 2: Financial contributions for transport
3. Annex 3: Financial contributions for off-site provision of affordable housing
4. Annex 4: Financial contributions for off-site provision of open space
5. Annex 5: Initial package of habitat mitigation measures within the National Park

1 Introduction

1.1 Introduction

1.1.1 In December 2010 the Authority adopted its first National Park-wide planning policies set out in the Core Strategy & Development Management Development Plan Document (‘the Core Strategy’). In order to provide more detail on the application and implementation of these policies the Town and Country Planning (Local Development) (England) Regulations allow the preparation of Supplementary Planning Documents (‘SPD’). Upon adoption this SPD will become a material consideration in the determination of planning applications.

1.1.2 As an SPD this document is not creating new local planning policy, but expanding upon a number of policies in the Authority’s adopted Core Strategy. In particular this document sets out more detail on the principles of development established in Policy DP1 of the adopted Core Strategy. It sets out the required standards for provision of car parking and open space in relation to new development, and also guidance on compliance with the Code for Sustainable Homes and BREEAM (Building Research Establishment Environmental Assessment Method) standards relating to the sustainability of new development. The process for providing affordable housing is also set out here, together with guidance on habitat protection and mitigation of the impacts of development, in line with Policy CP1.

1.1.3 The standards for new development set out in this document apply across the whole of the New Forest National Park. However, not all standards will be relevant to all types of development, and advice should be sought from the National Park Authority if applicants are in any doubt on which applies to a particular proposed development. These standards will be periodically reviewed to ensure they remain relevant and up to date.

1.2 Planning Policy

1.2.1 National planning guidance and policy is set out in the National Planning Policy Framework (NPPF), which was published on 27 March 2012 and became operational immediately. The NPPF covers a range of planning issues and replaced the previous planning policy guidance notes and statements (PPGs and PPSs), together with a further new policy document on Travellers that sits alongside the Framework. More details of which documents have been replaced can be found in Annex 3 of the Framework.

1.2.2 The NPPF reiterates the basic tenet of planning law that applications for planning permission should be determined in accordance with the development plan, unless material considerations indicate otherwise.

1.2.3 At the core of the Framework is a presumption in favour of sustainable development, with the development plan as a starting point.

1.3 How to use this document

1.3.1 This supplementary document should be read alongside the Authority’s adopted Core Strategy (2010) and the other adopted SPDs for the National Park as appropriate to the individual planning application. However, not all of the development standards set out in this document will apply to all forms of development. If there are any doubts then pre-application advice can be sought from the development control officers at the National Park Authority prior to formal submission of a planning application.

1.3.2 Applicants will be expected to adhere to the relevant standards set out in this document. Clear justification should be provided if proposed development would deviate from these standards.

1.4 Developer contributions and the Community Infrastructure Levy

1.4.1 In addition to setting out standards that developers will be expected to provide, this document also sets out the required financial contributions that relate to site-specific and broader infrastructure. Such contributions are currently secured through one or both of the following:

• planning conditions attached to a grant of planning permission
• planning obligations (usually secured through a legal or Section 106 agreement)

1.4.2 Linked to this, the Community Infrastructure Levy Regulations (2010) confirm that planning obligations must be:

1. necessary to make a development acceptable in planning terms; and
2. directly related to the development; and
3. fairly and reasonably related in scale and kind to the development.

The Authority has had full regard to these requirements in preparing this Supplementary Planning Document, with the contributions set out in the document reasonably related to the scale of development that takes place in the National Park and the local issues faced in planning development within the protected New Forest landscape. The Authority will report on the contributions received during the preceding year in the Annual Monitoring Report (published in December each year), and will also provide a summary of the projects funded through developer contributions.

1.4.3 The Authority is currently considering the implications of the Government’s move away from the use of Section 106 agreements to the Community Infrastructure Levy (‘the levy’). In due course the Authority will consult on a draft CIL charging schedule setting out the expected contributions on residential and other types of development as appropriate. Until such time as the Authority has adopted a CIL charging schedule developers will be expected to make the relevant financial contributions set out in this document, where necessary.

1.5 More information

1.5.1 For general information and further copies of this document please contact the Policy team. If you require more detailed advice on the interpretation of this document in relation to a proposed development then please contact the development control team, using the contact details set out below.

2 Parking Standards

2.1 Introduction

2.1.1 The purpose of this chapter is to set out the required standards for the provision of parking for both residential and non-residential new development. This guidance supplements policy DP1 of the Core Strategy which states that new development must comply with the Authority’s identified parking standards.

Planning Policy

2.1.2 National planning policy on transport planning and parking provision is set out in the National Planning Policy Framework (NPPF) which seeks to reduce the need to travel, and encourages more sustainable modes of transport.

2.1.3 The NPPF states that in setting local parking standards, planning authorities should take into account the accessibility, type, mix and use of development; local car ownership; availability of public transport and an overall need to reduce the use of high-emission vehicles. Where development is likely to generate significant amounts of traffic movement the application should be supported by a Transport Statement or Transport Assessment.

2.1.4 In 2002 Hampshire County Council published supplementary planning guidance entitled Hampshire Parking Strategy and Standards that sought to reduce dependency on the car, encourage the use of alternative modes of transport and identified appropriate levels of parking for Hampshire.

2.1.5 The Hampshire Local Transport Plan 2011-2031 recognises that access to sustainable modes of transport is often more limited in rural areas, and identifies a major challenge for the area to be ‘Improving accessibility for people without access to a car, while recognising that the car is likely to remain the main mode of travel for many people in rural areas’ such as the New Forest. Similar objectives are echoed in The Wiltshire Local Transport Plan 2011-2026, which also sets out maximum parking standards for non-residential development, and a set of minimum parking standards for residential development.

2.1.6 It is recommended that applicants also consider the Authority’s adopted Design Guide Supplementary Planning Document which sets out general guidance on the design and integration of parking into new development.

2.2 Parking standards for new residential development

2.2.1 The local plans formerly covering the National Park contained parking standards but these were superseded on adoption of the Authority’s Core Strategy in 2010. Those in the former New Forest District Local Plan were based on Hampshire County Council’s Hampshire Parking Strategy and Standards published in 2002. The Authority considers that these standards broadly remain the most appropriate standards for parking for the National Park, primarily due to the low level of expected residential development during the duration of the adopted Core Strategy.

2.2.2 Reduced parking provision may be acceptable in certain circumstances, such as where there is relatively good accessibility by public transport, or where there is clearly demonstrated alternative capacity. However, the preference is for parking spaces to be provided within the curtilage of the dwelling.

2.3 Non-residential parking standards

2.3.1 The Authority considers Hampshire County Council’s Parking Standards as they relate to non-residential development to be appropriate to the whole of the New Forest National Park, and these are set out in Annex 1. Where proposed development would generate significant amounts of movement then a detailed Transport Statement or Transport Assessment will be required. This will be identified on a case by case basis.

2.3.2 The standards set out in Annex 1 are those most relevant to the likely development anticipated in the National Park. However, for other use classes Hampshire County Council’s Parking Standards document will be the starting point for discussion with applicants on the required parking standards. These standards have been adopted, and continue to be used, by several local planning authorities in Hampshire, including New Forest District Council and Test Valley Borough Council. Wiltshire Council has adopted a broadly similar set of parking standards through their Local Transport Plan.

2.4 Cycle facilities and disability parking

2.4.1 The level of provision of cycle parking facilities for both residential and non-residential development throughout the National Park is set out in Annex 1. The residential parking standards vary according to whether the development is an individual residence or is a communal development such as flats. Residential development that provides sufficient garage space for storing cycles will not be required to provide cycle parking. Each individual garage counts as one car plus one cycle space. The minimum garage size of 6m x 3m allows for space to park a car but also cycle storage. These standards have been developed from the 2002 Hampshire County Council Parking Standards document.

2.4.2 Parking spaces for people with disabilities should generally be counted as 5% of the total allocation with a minimum provision of at least 1 space as appropriate. These standards have been developed from the 2002 Hampshire County Council Parking Standards document. More information can be found in the Department for Transport Traffic Advisory leaflet 5/95 Parking for Disabled People.

2.5 Financial contributions for highway improvements

2.5.1 Developer contributions will be sought towards improvements in transport infrastructure and site specific requirements as part of new development. In 2007 Hampshire County Council, in their capacity as the Highway Authority, introduced a tariff based developer contributions policy for all new residential and employment development in Hampshire. Most local planning authorities in Hampshire have adopted this policy and are requiring developers to pay a fixed sum towards off-site highway improvements. To date, many proposals in the National Park have not generated a requirement for a developer contribution. The current figures are set out in Annex 2.

2.5.2 The Authority has resolved to collect highway contributions for Hampshire County Council where appropriate. The County Council has produced a schedule of schemes for the National Park setting out details of local highway improvements and initiatives to be financed by local developer contributions, such as rail station and bus stop improvements, traffic information variable message signs, traffic calming, creation of cycle paths and other shared-use routes, and pedestrian safety improvements. The schedule of schemes is set out in Annex 2. This schedule will demonstrate that the use of any funding secured from contributions is allocated to an appropriate local transport scheme, in accordance with the relevant ‘tests’, as set out in the Community Infrastructure Levy Regulations (2010). Until such time as the Authority introduce any Community Infrastructure Levy charge the requirement for a developer’s contribution for highway improvements will continue to apply where necessary.

3 Affordable Housing

3.1 Introduction

3.1.1 The delivery of affordable housing is an important priority in the Core Strategy, with Strategic Objective 5 stating that the Authority will, ‘Promote affordable housing to meet local needs and maintain the vibrant communities of the National Park.’

3.1.2 The purpose of this section is to provide greater detail on Policy CP11 in the Core Strategy and help developers in assessing:

1. the likely level of on-site affordable housing required
2. the level of financial contributions towards affordable housing which may be sought where on-site provision is not possible
3. the kinds of measures these contributions will be spent on
4. the Authority’s approach to economic viability

3.1.3 The Authority is not a strategic housing authority with statutory housing responsibilities – this is the role of the constituent local authorities (New Forest District, Test Valley Borough and Wiltshire Council). However, as the local planning authority for the National Park, the Authority will work with the housing authorities to assist in the delivery of local affordable housing. Local communities within the National Park require a range of types of housing and the promotion of affordable housing falls within the Authority’s statutory duty to foster the socio-economic well being of local communities.

3.2 Planning Policy

3.2.1 Policy CP11 in the Core Strategy focuses the development of open market housing to the four ‘defined villages’ of Ashurst, Brockenhurst, Lyndhurst and Sway and requires 50% of the dwellings provided in these villages to be affordable. Policy CP11 also allows 100% affordable housing on Rural Exceptions Sites in appropriate locations in the rest of the National Park.

3.2.2 Following implementation of the Government’s Community Infrastructure Levy (CIL), the use of Section 106 agreements will be scaled back to site-specific elements and affordable housing. The guidance within this document on affordable housing contributions will therefore remain relevant even after the Authority adopts any future Community Infrastructure Levy.

3.3 Application of Policy CP11 (Affordable Housing) in the Core Strategy & Development Management Policies DPD (2010)

3.3.1 The provision of affordable housing as part of all residential development within the National Park is a key requirement in the adopted Core Strategy and failure to make adequate provision is likely to result in the refusal of planning permission. Set out below are some of the main principles applied in considering development proposals against the Authority’s Core Strategy planning policies.

• All residential development (Use Class C3) within the National Park is expected to contribute towards affordable housing provision. Use Class C3 does not include institutional residential homes, such as residential homes for the elderly, which would not be expected to provide affordable housing provision. On schemes where a single dwelling is proposed, a financial contribution will be sought. On schemes of two or more dwellings, provision of affordable housing should be made on-site.
• Affordable housing provision will not be required where the development is for an agricultural / forestry workers dwelling or a commoners dwelling.
• The Authority applies its affordable housing requirement on a net basis (rather than gross). For example, if a proposal is submitted to demolish one dwelling and replace it with five, the Authority would seek the provision of two affordable dwellings (50% of the net gain of four) on site.
• In situations where the calculation of the affordable housing elements results in a fraction of a dwelling (e.g. in a development of 5 dwellings, the on-site requirement of 50% would be rounded down to the nearest whole number (2), with the remaining requirement (0.5) made up through a financial contribution).
• The Authority will not accept the deliberate sub-division of sites to provide individual parcels of land to avoid providing affordable housing on site.
• Low cost open market housing will not be accepted as affordable housing as it does not meet the affordable housing definition set out in Annex 2 of the National Planning Policy Framework (NPPF).
• The requirements of this SPD will apply to applications submitted once it is adopted and also to re-negotiations of the affordable housing element of existing Section 106 agreements.

3.4 Financial contributions

3.4.1 On developments within the ‘defined villages’ resulting in a net increase of a single dwelling, Policy CP11 confirms that a financial contribution towards the provision of affordable housing will be required. This document provides information on the financial contribution required and the Authority has taken care to ensure that the level of contributions will not unduly restrict new development in line with national planning policy and Government guidance.

3.4.2 Contributions will usually be triggered when development commences on site. There is a specific ring-fenced capital budget into which affordable housing contributions are paid and contributions from individual schemes will be pooled together to enable the Authority to collect sufficient money to spend on particular schemes and to ensure that it can be spent effectively.

3.4.3 In order to help developers in assessing the possible financial implications of meeting the Core Strategy affordable housing requirements, Annex 3 sets out the unconstrained open market value of clean and serviced land for residential development within the main settlements of the National Park and the likely affordable housing financial contribution sought from the development of single dwellings in the ‘defined villages’ – based on the 50% affordable housing requirement. These tables are derived from figures provided by the District Valuation Service (DVS) based on 2011 land valuations and will be the basis for negotiating affordable housing financial contributions. The Authority will update these land valuation figures on a bi-annual basis to ensure contributions are based on accurate information. If the figures in Annex 3 are not considered to be viable, a developer will be required to submit detailed economic viability evidence that will be independently verified (see section 3.5).

3.4.4 The financial contribution is based on the cost of providing the affordable housing requirement on an alternative site. To achieve off-site provision, unconstrained open market residential development sites will have to be acquired on the open market by an affordable housing provider. It is therefore appropriate that the level of contribution relates to the cost of acquiring such sites.

3.4.5 The Authority and partners will spend the financial contributions on projects/initiatives which facilitate the increased provision of affordable housing in the Park. Set out below is a list of the basic criteria the Authority will use in assessing proposals to release affordable housing contributions. Other new affordable housing initiatives may emerge in future, so this is not an exhaustive list and the Authority may review the criteria in future.

Criteria for the release of affordable housing contributions

(a) The main purpose of affordable housing contributions will be to enable the delivery of proposed exceptions sites or affordable-only schemes, including:

• contributing to land purchase or build costs by a Registered Provider where these are higher than normal due particular circumstances
• enabling the purchase of existing properties or developments with planning permission, where these will be converted to a dedicated affordable housing use by a Registered Provider or landowner
• providing part of the costs of a dedicated affordable housing scheme through a partnership agreement with a Registered Provider or landowner
• direct purchase of land suitable for affordable housing, for future development by a Registered Provider.

(b) Where considered necessary to ensure the highest standard of specification and design, over and above the expected requirements, contributions may also be used to:

• provide additional design elements or the use of locally appropriate materials and finishes that specifically add to the character and local distinctiveness of the Park
• improve the sustainability of the buildings through the use of a range of energy saving technologies, low carbon materials and construction methods and water conservation systems
• provide innovative landscaping schemes that have clear and positive benefits for the landscape character of the area and add to the biodiversity of the New Forest National Park.

3.4.6 These funds are collected from developers to help support affordable housing providers, such as Registered Providers (RPs) and the local housing authorities, in providing new housing in the National Park and are not collected in order to cross subsidise other developer’s schemes.

3.5 Economic Viability

3.5.1 The provision of affordable housing is a strategic objective within the Core Strategy and the Authority’s expectation is that new housing developments will meet the full requirements of the Core Strategy affordable housing policy (Policy CP11). The Core Strategy housing requirement for an additional 220 dwellings by 2026 represents a reduction from past house building rates in the National Park, and with a healthy housing supply the Authority is not dependent on supporting development that does not comply with the policies in the adopted Core Strategy.

3.5.2 Paragraph 7.29 of the Core Strategy confirms that it will be up to developers to clearly demonstrate why any deviation from the affordable housing requirements of Policy CP11 is necessary based on ‘open book’ information relating to a particular development. In these circumstances negotiations will aim to provide a percentage of affordable housing as close as possible to the target level set in this policy, having regard to a site specific economic viability assessment. The Authority expects developers to have understood the Core Strategy planning requirements prior to securing land for development, with the cost of acquiring developable land reflecting the affordable housing requirements and other planning obligations. The Authority will not readily accept claims that a scheme is not financially viable due to a developer paying too much for the site.

3.5.3 National planning policy in paragraphs 173 – 174 of the NPPF confirms that pursuing sustainable development requires careful attention to development viability. Likewise, the Core Strategy recognises that viability may be an issue on some sites and the Authority also acknowledges recent Government guidance on the impact on viability of existing Section 106 agreements. The affordable housing economic viability evidence that informed the Core Strategy policies for example, highlighted that schemes involving demolition and the redevelopment of non-residential buildings may present viability challenges. However on ‘clean’, new build schemes within the National Park that do not involve demolition the Authority would expect the full development plan requirements for affordable housing to be met.

3.5.4 The Homes & Communities Agency (HCA) has produced a Development Appraisal Toolkit (Version 2.01, 2011) which provides a useful reference for the factors that will be considered in assessing economic viability. If an applicant intends to submit a viability assessment in support of their case for: (a) reduced on-site affordable housing provision on a new scheme (i.e. less than 50%); or (b) reduced affordable housing financial contribution for off-site provision; or (c) re-negotiating the affordable housing requirements of an existing Section 106 agreement, the list below sets out the material that should be included:

• scheme drawings, layouts, brief specifications and dwelling sizes
• site acquisition costs
• anticipated profit / profit margins and minimum profit level assumptions
• demolition and build costs of the dwellings
• planning and building regulations fees
• the costs for the provision of local infrastructure and other planning obligations secured through a Section 106 agreement
• cost for marketing and sales (including legal fees and stamp duty)
• the expected sales price for each dwelling proposed on site
• anticipated price paid for any affordable dwellings by the Registered Provider
• whether there are abnormal development costs and details of them
• references to the sources of data used, including those used for evidence of local property market values.

3.5.5 Ideally viability assessments should be completed as part of the pre-application process prior to the submission of the planning application. The Authority will then arrange for an independent appraisal of the viability figures and the cost of this appraisal will be met by the applicant. The charge will be proportionate to the complexity of the application and the fee will be determined on a case by case basis. The conclusions of the financial viability assessment will be relevant for a specified time period.

3.5.6 If an approved development has not been commenced within the specified period, an updated financial viability assessment will be required. Consequently the Authority is likely to place a condition requiring the submission of an updated economic viability assessment if development does not commence within 18 months of consent being granted.

4 Sustainable Construction

4.1 Introduction

4.1.1 The purpose of this chapter is to provide guidance on the compliance with the requirements for the sustainable construction standards of new development set out in policy DP1 (General Development Principles) in the Authority’s adopted Core Strategy.

4.1.2 In particular the guidance focuses on the required standards for the Code for Sustainable Homes related to the sustainability of new residential development, and the BREEAM standards relating to sustainable construction of new non-residential development.

4.1.3 Policy DP1 sets out the required standards for the Code for Sustainable Homes as:

• By 2012 Level 3
• From 1 April 2012 to 31 March 2016 Level 4
• From 1 April 2016 onwards Level 6

4.1.4 The requirements for the BREEAM standards, also set out in policy DP1, are achievement of level ‘Very Good’ for commercial and industrial buildings.

4.1.5 The relative cost of complying with these standards has been factored into the work undertaken by consultants Three Dragons on the assessment of the economic viability of providing affordable housing on site. Such considerations have also been taken on board in the background work carried out by consultants DTZ on the assessment of producing a Community Infrastructure Levy charging schedule.

4.1.6 These requirements are consistent with those set out in the common framework on sustainable development agreed by the Partnership for South Hampshire authorities in 2008, which is a consortium of local authorities from southern Hampshire including New Forest District Council.

4.2 Code for Sustainable Homes

4.2.1 The Code for Sustainable Homes is a national standard to guide the design and construction of new sustainable homes. The Code rates new homes from 1 star to 6 stars depending on the extent to which it has achieved the Code standards. The higher the rating the more sustainable the house.

4.2.2 It covers nine categories of sustainable design and construction, which comprise:

• energy and CO2 emissions
• water
• materials
• surface water run-off
• waste
• pollution
• health and well-being
• management
• ecology

4.2.3 There are a number of mandatory minimum performance standards set for some issues, particularly energy efficiency and water issues. Other than that the Code is completely flexible and developers can choose which elements to include in order to obtain sufficient points to gain a higher sustainability rating. Details of these categories are set out in technical guidance entitled Code for Sustainable Homes: Technical Guide – November 2010 issued by the Department for Communities and Local Government, and can be found on their website: www.communities.gov.uk/planningandbuilding/sustainability/codesustainablehomes/

4.2.4 This guidance also sets out the process by which an assessment is achieved. The results of the Code assessment are recorded on a certificate assigned to the new home. Code assessments are normally carried out in two stages, firstly at the design stage leading to an interim certificate, and then again at the post construction stage which results in a final certificate being issued.

4.2.5 Developers are encouraged to consider the relevant standards at the earliest opportunity to maximise their chances of achieving the required ratings. In terms of the Code for Sustainable Homes developers should appoint a Code service provider who will then offer a list of licensed assessors for the developer to choose. The assessor will then register the proposed development formally with the service provider, and conduct an initial design stage assessment, recommend a sustainability rating, and issue an interim Code certificate. The assessor will also perform a post-completion check to verify the rating before a final Code certificate of compliance is issued.

4.2.6 Code service providers are organisations that train and accredit assessors to carry out assessments on new homes against the Code standards. Further information about the Code service providers and assessors can be found on the Department for Communities and Local Government website.

4.2.7 When a planning application is submitted to the planning authority the relevant evidence should include proof of registration with a Code service provider (usually the unique reference number obtained when this is formally done), as well as a Design Stage Assessment (interim code certificate) to show how they intend to comply with the Code. This also applies to outline planning applications which will still be expected to make a commitment to these standards at this early stage.

4.2.8 The Authority will place a condition on any planning application to ensure that the required standards are met and the appropriate final certificates are submitted to the Authority upon completion of the proposed development.

4.3 BREEAM Standards

4.3.1 For new commercial and industrial buildings the Authority will apply the BREEAM standards, as set out in policy DP1. This method of assessing the environmental rating of such buildings has been produced by the Building Research Establishment. These standards give a rating of Pass, Good, Very Good or Excellent. Policy DP1 of the Authority’s Core Strategy establishes a requirement of BREEAM level ‘Very Good’ for commercial and industrial buildings.

4.3.2 When a planning application is submitted to the planning authority for new commercial and industrial buildings evidence should be included to show proof of registration with BRE Global (usually the unique reference number), and a Pre-Assessment report undertaken by a licensed BREEAM advisor highlighting how the proposed development will achieve the required ratings.

4.3.3 Further information on licensed BREEAM assessors can be found at: www.greenbooklive.com/search/scheme.jsp?id=214

4.3.4 The Authority will place a condition on any planning application to ensure that the required standards are met and the appropriate final certificates are submitted to the Authority upon completion of the proposed development. These conditions will be monitored by the Authority to ensure that applicants are achieving the required standard as set out in the initial Design Stage Assessment.

5 Open Space

5.1 Introduction

5.1.1 Through the development management process, the Authority seeks to secure appropriate provision of open space, outdoor sport and recreation facilities in association with new residential development. This is usually achieved by means of a Section 106 legal agreement with the developer agreeing to pay a specified contribution to the Authority on first occupation of the new development. In time, this requirement will be incorporated within the Authority’s Community Infrastructure Levy Charging Schedule.

5.1.2 The Authority will continue to work with the Town & Parish Councils within the National Park to determine how and where these contributions for open space, outdoor sport and recreation facilities should be spent to ensure they deliver benefits for local communities. The Authority has an officer who deals with the handling of the contributions in accordance with an established procedure. Accordingly, in the first instance, parish councils and other individuals should contact the Authority’s Policy Team.

5.2 Planning Policy

5.2.1 National planning policy in paragraph 73 of the NPPF confirms the importance of access to high quality open spaces and opportunities for sport and recreation. Policy DP3: Open Space of the Authority’s adopted Core Strategy (December 2010) states that: ‘Proposals that result in the loss of existing open space will not be permitted. Development should either provide for the enhancement of existing open space and amenity areas, or provide on-site open space to the minimum provision standard of 3.5 hectares of public open space per 1,000 population.’

5.2.2 The adopted Core Strategy goes on to state that it is likely given the small-scale of future housing provision within the National Park that on-site open space provision will not be viable in most instances. In these circumstances, the Authority is likely to seek a contribution towards open space enhancements in the locality. New housing development should however, incorporate open amenity areas and features, preferably within the site boundary to enhance the quality of the environment for the benefit of residents and the locality.

5.2.3 The open space requirement of 3.5 hectares of open space per 1,000 population has been developed from the PPG17 Study commissioned by the National Park Authority and New Forest District Council (2007). New Forest District Council has set out a similar requirement in their Core Strategy (adopted October 2009) that applies to the majority of the areas immediately surrounding the National Park. The standard comprises the 0.2 hectares per 1,000 population of designed play spaces for children and young people, 1.25 hectares of formal recreational space per 1,000 population and 2 hectares of informal open space per 1,000 population.

5.2.4 Based on the open space requirement as set out above, the Authority requires 35 square metres of public open space per person (i.e. 35,000 square metres divided by 1,000 population). An additional bedroom equates to one additional person. For the purpose of Policy DP3 of the adopted Core Strategy, the Authority will only seek to secure the provision of open space on proposals resulting in a net increase in dwelling units and the requirements of the policy and this guidance will not apply to proposals for replacement dwellings or extensions to existing dwellings. The cost of providing open space varies depending on whether the provision is to be on or off site. The current figures are set out in Annex 4. The Authority will update these open space figures on a bi-annual basis to ensure contributions are based on accurate information. A £36,000 contribution per hectare (£2,250 for areas under 400m2) is also required by the Authority for the maintenance of on-site open space provision. For play areas, a maintenance contribution is usually calculated at £25,000 per fenced equipped space (10 years x £2,500 which covers annual Health and Safety inspection fees).

5.3 Appropriate schemes

5.3.1 The contributions are collected by the Authority to specifically meet local needs for open space, outdoor sport and recreation facilities. Installation of children’s play equipment is the most common type of scheme funded. In Nomansland, for example, the Authority has recently released developer contribution funds for the installation of new play equipment and toddlers play equipment and in Redlynch for the installation of a double swing. Within the National Park, more informal, natural forms of greenspace provision are also appropriate and the following are examples of the types of schemes that the contributions could be spent on:

• swings and slides
• activity centres
• skateboard parks
• basketball courts / hoops
• football pitches / goal posts
• cricket pitches / score boards
• tennis courts / nets
• multi-use recreational routes
• fencing around recreation grounds and play facilities
• land purchase for recreational uses
• community woodlands
• village green enhancements
• ‘wild play’ areas

5.3.2 Developer contributions can also be used to upgrade existing facilities, for example improving the drainage of a football pitch, providing floodlighting, new play bark, and safety surfacing. However, the contributions cannot be spent on the following types of facilities:

• bus stops
• extensions to village halls
• speed humps
• bins for the village green
• general fencing
• indoor table tennis tables
• picnic benches

6 Habitat protection and mitigation of the impacts of development

6.1 Introduction

6.1.1 A significant part of the New Forest National Park has been designated as a Special Area of Conservation (SAC) and Special Protection Area (SPA), and these enjoy protection under European Directives as Natura 2000 sites. There are also areas designated as Ramsar sites (wetlands of international importance), which are treated as having the same level of protection.

6.1.2 In total over 50% of the National Park is covered by these internationally important designations, the highest proportion of any English National Park. As the smallest National Park and under considerable pressure from development, it is important to consider how development proposals could impact these areas and ensure they are not adversely affected.

6.1.3 Protection of these sites is provided by the European Wild Birds and Habitats Directives which are applied in the UK through the Conservation of Habitats and Species Regulations 2010. These Regulations require an appropriate assessment to be made of any plan or project likely to have a significant effect (either on its own or in combination with other plans and projects) on a Natura 2000 site. New development can only proceed once it is ascertained that it will not adversely affect the integrity of these protected nature conservation sites. If it cannot be ascertained that a proposed development will not adversely affect the integrity of a designated site, the proposal cannot proceed. However, if measures can be implemented to mitigate or avoid the likely significant effects it may be concluded that there will not be an adverse effect on the integrity of the Natura 2000 sites.

6.2 Core Strategy Policies

6.2.1 Core Strategy Policy CP1 (Nature Conservation Sites of International Importance) reflects the Habitats and Species Regulations and seeks to avoid development that could adversely affect the integrity of a designated site. Mitigation measures can often be considered to ensure that adverse affects are avoided. The Policy in particular refers to proposals for new housing located within 400 metres of the New Forest SPA requiring adequate measures to mitigate potential adverse effects.

6.2.2 Core Strategy Policy DP15 (Infrastructure Provision and Developer Contributions) confirms that development proposals must make provision for the infrastructure necessary to ensure that the development is acceptable in planning terms and that, where appropriate, financial contributions for the provision of infrastructure off-site will be sought. Paragraph 7.51 clarifies that, within the context of the small-scale development that takes place within the National Park, developer contributions may be required towards nature conservation mitigation measures.

6.3 Implementing Policy CP1

6.3.1 Paragraph 5.7 of the Core Strategy confirms that land within 400 metres of the boundary of the New Forest SPA is not intended to be an exclusion zone and for most developments it should be possible to avoid adverse effects on the integrity of the SPA if they are carried out with appropriate avoidance and mitigation strategies. As a method of demonstrating that adequate measures are put in place to avoid or mitigate significant adverse effects on the New Forest SPA, the Authority has identified a package of appropriate mitigation measures. This allows a developer to make a contribution to ensure the delivery of mitigation measures for their proposal. This does not, however, preclude applicants offering bespoke measures where they are in a position to do so. The Authority’s package is prioritised and allows for a contingency of increased rates of development as well as for new innovative mitigation approaches to be brought forward in the plan period.

6.3.2 The Authority will seek financial contributions to this package of mitigation measures from all new additional housing units within 400 metres of the New Forest SPA to ensure that proposals can comply with the European Directives and the Habitats and Species Regulations. This approach is supported by Natural England.

6.3.3 This will be a simple scheme in the first instance to put mitigation measures in place and ensure compliance with the requirements of the Habitats and Species Regulations. The Authority will also be working with partners to consider how mitigation measures can be included within the future Community Infrastructure Levy. In seeking contributions towards mitigation projects, the Authority’s position is consistent with that taken by other local planning authorities.

6.3.4 The Authority’s approach to mitigation includes access management, education, promotion and enhancement of alternative areas for recreation, further evidence gathering and monitoring the effectiveness of measures to inform future decisions.

6.3.5 An initial mitigation package, which has been drawn up in liaison with Natural England, is outlined in Annex 5. This aims to provide a mechanism to enable developers to make a financial contribution towards implementing measures that will ensure that significant adverse effects on the designated sites are mitigated. This will mean that the National Park Authority will not require an appropriate assessment to be undertaken for most applications. This mitigation package will continue to be developed by the Authority in conjunction with relevant partners and organisations.

6.3.6 Set out below are the key principles of the scheme:

• Contributions towards mitigation measures will be sought on proposals for one or more net new dwellings falling within Use Class C3 (Residential Development) located within 400 metres of the New Forest SPA. It is considered that replacement dwellings will not generally lead to increased pressures and will therefore have no likely significant effect on the designated site, so a contribution will not be sought.
• Notwithstanding the above, there may be developments within 400 metres of the New Forest SPA which due to their scale, or likely impacts, require a full appropriate assessment before a decision can be taken. Applicants should, therefore, seek advice from the Authority before making an application.
• Elsewhere, outside the 400m area, development proposals are also subject to the Habitats and Species Regulations. Whether the proposal will lead to any likely significant effect on a designated European site needs to be determined. If this is found to be the case, an appropriate assessment of the implications for that site in view of the site’s conservation objectives will be needed. Applicants should seek advice from the Authority on these requirements before making an application. If it is concluded that a proposed development requires mitigation, then a financial contribution to this mitigation scheme might also be considered.
• Policy DP3 of the Core Strategy also requires new development to contribute towards the provision of public open space in the National Park. It should be noted that this open space contribution – to be directed towards providing open space, sports pitches and children’s play areas – is quite separate from mitigation for the impact of new development on protected habitats. The habitat mitigation contribution does not duplicate other open space contributions.

6.4 Level of contributions

6.4.1 To provide clarity for developers, a standard charge is proposed for habitat mitigation. In accordance with the tests set out in the Community Infrastructure Levy Regulations 2010 (in particular Regulation 122 which transposes into law the three tests found in Circular 05/2005), the contribution sought will be necessary, directly related, and fairly and reasonably related in scale and kind to the development. In time, the Authority will be considering how to support appropriate habitat mitigation through the Community Infrastructure Levy (CIL).

6.4.2 In accordance with the CIL tests, the Authority intends to levy a charge of £1,250 per new residential unit (net). This figure is considered to be viable and is broadly commensurate with the contribution sought for mitigation in areas surrounding the internationally designated sites in the Dorset Heathlands to the west of the New Forest. Any contribution will need to be contained within a planning agreement, whether this is through a Section 106 agreement or unilateral undertaking.

6.4.3 The Authority will maintain records of approved developments and the mitigation projects that the contributions have supported.

Annex 1: Car Parking and Cycle Standards

Residential

^ Where a garage is provided for storing sufficient cycles individual cycle parking will not be required

Commercial development

Education establishments

* Cycle provision to be assessed on an individual case-by-case basis

Health establishments

Leisure facilities and places of public assembly

Annex 2: Financial contributions for transport

Calculating contributions

National Park Authority List of Scheme to be Funded by Developers Contributions

Please note that this table represents a snapshot of those schemes identified at the time of publication of this document and the National Park Authority may hold an updated schedule of schemes.

Annex 3: Financial contributions for off-site provision of affordable housing

Financial contributions per unit (based on 50% of plot value)

The District Valuation Service (DVS) were commissioned by the Authority to provide an Indicative Contribution Table for affordable housing contributions where on-site provision is not possible. The contributions are based on the concept of the developer providing ‘free serviced land’ leaving the Registered Provider (RP) to pay the build costs of the affordable units.

The table of values has been calculated using established ‘Residual Land Value’ methodology and aims to produce a plot value for each type of housing across Ashurst, Brockenhurst, Lyndhurst and Sway.

Outlined below are the assumptions used within the residential appraisals:

• build costs are based on Quarter 1 of 2011 Median Rates for the New Forest (based on Building Cost Information Service (BCIS) data)
• costs of meeting Code for Sustainable Homes (Level 4) have been added at 8% build costs
• section 106 costs have been provided by the Authority as being typical requirements (excluded affordable housing) for the type of development being appraised
• developers profit is assumed at 17.5% of private sales receipts plus 6% of affordable sales receipts
• the Residual Land Value is established by deducting the Total Development Costs (including developers profit) from the Development Value.

Annex 4: Financial contributions for off-site provision of open space

Currently it costs £333,800 to lay out 1 hectare (10,000 square metres) or £33.38 per square metre of public open space off-site and £196 per hectare where full on-site open space requirements are being provided.

The table below illustrates these requirements where open space is being provided off-site, and will be periodically reviewed as necessary.

Annex 5: Initial package of habitat mitigation measures within the National Park

A package of measures has been drawn up to provide mitigation against the potential significant effects of new housing development over the next 5 years. A range of different measures have been included to mitigate the impacts of new development proposals. These include:

• access management
• providing education and awareness of the impacts with the aim of reducing their occurrence
• promoting and enhancing alternative areas for recreation
• research and monitoring to inform future decisions

Within these broad categories a number of specific projects or measures have been identified. The following table outlines these measures, the mitigation they aim to provide, and the amount to be contributed to each measure from the scheme.

Access Management and Education

Promotion of alternative areas for recreation

Research and monitoring

Implementation of scheme

Totals: £50,000 to £196,500

Reserve project list

If any of the above measures are no longer able to be delivered, some can be considered from a reserve list, as outlined below.

In addition, it would be beneficial to employ a Ranger each year (February – August) to work with the Forestry Commission and other partners to develop a range of programmes aimed at reducing potential impacts on the designated sites. Whilst the current estimated cost of this is likely to be beyond this scheme’s available funds, if a funding opportunity arose, this could be considered.

The financial contributions from housing developments will help deliver these avoidance and mitigation measures. Over the next five years, for the measures to be effective in delivering the mitigation required to offset the impacts of development, £1,250 per new dwelling will need to be contributed to this package of mitigation measures. The National Park’s Core Strategy states that the number of dwellings to be developed each year is expected to be 11. Of these, it is estimated that 8 are likely to lie within 400 metres of the New Forest SPA, thus giving a total of 40 dwellings over the next 5 years. The minimum amount needed to deliver the measures over the next 5 years is considered to be £50,000. Consequently, to ensure that £50,000 is raised, £50,000 / 40 = £1,250 will be the required contribution per dwelling. Many of the measures can be extended beyond the minimum, if necessary, and this is reflected in the possible range of contribution that the scheme could make to each measure. If the level of development, therefore, is higher than expected, greater levels of mitigation can be provided through the measures already identified.

The implementation of measures is important and will be co-ordinated by the National Park Authority. Priority will be given to those measures or projects that will enable mitigation to be put in place at the earliest opportunity. The Authority will report on the implementation of the habitat mitigation measures through the Annual Monitoring Report and the mitigation package will be reviewed to identify whether any amendments are required in light of the level of development and any changes to planning legislation and procedures. For instance, if the level of development is greater than expected in the Core Strategy, then the level of mitigation will need to rise accordingly.

Notes

For copies or alternative formats

Please contact the Policy Team: policy@newforestnpa.gov.uk or 01590 646610 if you would like to receive this publication in another format such as large print, Braille or any alternative language.

Website: www.newforestnpa.gov.uk