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3 Foreword Chapters 5 Introduction 1. 8 Legislative and Policy Context 2. 15 Process 3. 18 Service Area Contributions 4. 46 Management 5. Appendices 48 Child Yield and Person Yield Tables 1. 51 Planning Obligation Calculation - Summary Table 2. Harrow Council - Planning Obligations SPD - Public Consultation ? October to ? October 2008 Contents

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Page 1: Contents Foreword Chapters SPD.pdf · 2008-09-12 · Foreword 3 Chapters 1. Introduction 5 2. LegislativeandPolicyContext 8 3. Process 15 4. ServiceAreaContributions 18 5. Management

3Foreword

Chapters

5Introduction1.

8Legislative and Policy Context2.

15Process3.

18Service Area Contributions4.

46Management5.

Appendices

48Child Yield and Person YieldTables

1.

51Planning Obligation Calculation -Summary Table

2.

Harrow Council - Planning Obligations SPD - Public Consultation ? October to ? October 2008

Contents

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2Harrow Council - Planning Obligations SPD - Public Consultation ? October to ? October 2008

Foreword

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Foreword

Councillor Marilyn Ashton, Portfolio Holder for Planning, Development and Enterprise

Welcome to the consultation on the Planning Obligation SPD

The Council is committed to improving the quality of life for its residents. The Council recognises

that by 2025, it is estimated that there will be an additional 10,00 people living in the borough.Therefore, the Council anticipates that there will be more development and increasing demandon existing services and facilities. Therefore, the Council needs to manage the impacts of newdevelopments. This document is intended to help secure appropriate funds or facilities fromdevelopers to help mitigate the impact of developments on existing communities. The Councilhas recognised a need to increase community facilities across a number of areas, including theamount of affordable housing, promote better transport facilities and tenure there is sufficienthealth and education provision. I encourage you to have your say and help to shape the Councilmanages the delivery of future community services and facilities.

Councillor Marilyn Ashton

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Foreword

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4Harrow Council - Planning Obligations SPD - Public Consultation ? October to ? October 2008

Introduction 1

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1 Introduction

What are Planning Obligations?

1.1 New development often creates a need for additional or improved community servicesand facilities, without which there could be a detrimental effect on local amenity andthe quality of the environment.

1.2 Planning obligations can be used as the mechanism by which measures are securedto mitigate the impact caused by the development and enhance the quality of boththe development and the wider environment.

1.3 A planning obligation is a legally binding agreement entered into between a LocalAuthority and a developer / landowner or a unilateral undertaking by a landowner. Itrequires the developer / landowner to carry out certain works, or to provide, orcontribute towards the provision of measures to mitigate the negative impacts of theirdevelopment and to ensure that it makes a positive contribution to the communitieswithin which it is situated.

Purpose of this SPD

1.4 Currently there is no specific Harrow guidance in place which sets out the contributionsexpected from developers towards the provision of such measures. The aim of thisSupplementary Planning Document (SPD) is to set out the processes and formulato identify the scale of contributions across a range of service areas.

1.5 This SPD is intended to give greater guidance to householders and developers onthe level of contributions likely to be sought from all developments to mitigate anyimpacts on the existing community. The Council has identified a number of prioritiesboth in terms of services and on a geographical basis, which will be used in prioritisingcontributions. This is set out in more detail in the relevant service area section inChapter 4.

1.6 Generally, a planning obligation will be sought to cover the full cost of a project orworks, or a contribution towards the cost relative to the nature and scale of the impact.For example, where a housing development introduces the likelihood of an increasein the population or children, then the Council will seek to secure contributions towardsthe cost of providing additional school places and play facilities made necessary bythe development. Where there are existing deficiencies in facilities this will be aconsideration in determining the level of contribution - i.e. the additional demand forexisting facilities cannot be absorbed within an exiting surplus of provision - butplanning obligations cannot be used to remedy a deficiency brought about by existingdevelopment in an area.

1.7 In addition, this SPD will give further guidance on how the Council intends toimplement policies 6A.4 and 6A.5 of the consolidated London Plan (2008), since theSecretary of State deleted the relevant policy (I3) in the UDP during 2007.

1.8 Under existing legislation, the Council is required to carry out a sustainability appraisalof SPDs, to consider the social, economic and environmental impacts of the proposedpolicies. The Council recognises that the London Plan, which the SPD is now linked

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Introduction 1

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to, was subject to a sustainability appraisal and robust examination in public (EIP).The Council also notes that the Government is introducing a number of changes tothe planning system in an attempt to speed up delivery and implementation of planningdocuments. There is a Planning Bill currently before Parliament, which seeks toamend existing planning legislation, the effect of which will be to remove the statutoryrequirement to carry out a sustainability appraisal of supplementary planning andother non-development plan documents. Subject to the approval of this change, byParliament and Royal Assent, it is anticipated that the need to carry out a sustainabilityappraisal for SPDs will be removed in the near future.

Structure of this SPD

1.9 The document is structured as follows:

Chapter 1 - (this chapter) introduces the SPD and its purpose.

Chapter 2 - identifies existing national, regional and local planning documentsand policies that are relevant to this SPD.

Chapter 3 - summarises the process by which planning obligations will beideintified and how this fits with the Council's pre application and applicationprocess.

Chapter 4 – gives the detailed formula and standard charges that will be soughtfor each of the identified service areas.

Chapter 5 - Explains how planning contributions will be managed, includingadministration and indexation costs.

Appendix 1 – includes Child Yield and Person Yield tables.

Appendix 2 - includes a table which summarises the expected contribution fromeach service area.

Appendix 3 - employee density matrix (to follow)

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1 Introduction

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Legislative and Policy Context 2

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2 Legislative and Policy Context

The legislative context

2.1 A planning obligation is a legally binding agreement entered into by a developer /landowner (normally with a Local Planning Authority) to carry out certain works, orto provide, or contribute towards the provision of measures to mitigate the negativeimpacts of their development to enable it to go ahead (i.e. it ensures that adequateinfrastructure is in place to support development). It is used to secure measures thatcannot be secured by imposing a condition of planning permission or by other statutorymeans.

Town and Country Planning Act 1990

2.2 Planning obligations are secured under Section 106 of the Town and Country PlanningAct 1990 which states that: ‘payments of money, either of a specific amount or byreference to a formula, and require periodical payments to be paid indefinitely or fora specified period’.

2.3 In accordance with the Act, planning obligations:

May restrict the development or use of land; require specified operations oractivities to be carried out; require land to be used in any specified way; or requirecash payments to be made;May be either positive, i.e. requiring a person to carry out a specified action, ornegative, i.e. restricting the person from developing or using the land in aspecified way;May be entered into either by agreement with the Local Planning Authority orby an undertaking by the developer to which the Local Planning Authority is nota party (e.g. unilateral undertakings in appeal cases);Must be entered into by means of a Deed (which can be varied later if necessaryby ‘Deed of Variation’);Must be registered as a local land charge (for the Purposes of the Local LandCharges Act 1975);Run with the land and may be enforced against the person entering into it andagainst any successors in title; andCan be enforced by means of injunction.

Circular 05/2005 Planning Obligations

2.4 Circular 05/2005 provides guidance to local authorities on the use of planningobligations and was issued on 18 July 2005 by the ODPM to replace the Departmentof the Environment Circular 1/97. The Circular clarifies the basis on which planningobligations should be assessed in terms of their acceptability against policy andprovides further guidance on the process of securing obligations.

2.5 Planning obligations are ‘intended to make development acceptable which wouldotherwise be unacceptable in planning terms’. Contributions are secured in order tomitigate against a development’s impact or to encourage more sustainable transportpractices.

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2 Legislative and Policy Context

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2.6 There are five Policy Tests which planning obligations must meet. These are thatthe obligations must be:

Relevant to planning;Necessary to make the proposed development acceptable in planning terms;Directly related to the proposed development;Fairly and reasonably related in scale and kind to the proposed development;andReasonable in all other respects.

2.7 This guidance is in general accordance with that previously contained within Circular1/97, although there are some substantive changes in approach as a result of Circular05/2005. The new guidance encourages local authorities to employ formulae andstandard charges where appropriate.

2.8 Using formula and standard charges can help to expedite negotiations and ensurepredictability by indicating the likely size of contributions at the earliest possible stage.They also promote transparency by making indicative figures public and assist inaccountability in the spending of monies.

2.9 Circular 05/2005 advises that where the combined impact of a number ofdevelopments creates the need for infrastructure, it may be reasonable for developers’monetary contributions to be pooled to allow infrastructure to be secured in a fairand equitable way. In cases where individual development will have some impactbut not sufficient to justify the need for a discrete item of infrastructure, planningauthorities may seek monetary contributions towards future provision as long as theneed is demonstrated.

2.10 The Circular also clarifies that where an item of infrastructure, made necessary bythe cumulative impact of a series of developments, is provided before all developmentshave come forward, any subsequent developers may still be required to contributeto the relevant proportion of the costs.

Practice Guidance

2.11 Government guidance on planning contributions also needs to be read in conjunctionwith guidance on planning conditions set out in Circular 11 /95. This makes clearthat, where appropriate, objections to the grant of planning permission should beovercome by conditions rather than planning obligations in the first instance if possible.

2.12 The Department of Communities and Local Government (formerly known as theODPM) has released practice guidance for Section 106 planning obligations, including‘Planning Obligations: Practice Guidance’ (2006) and a ‘Model Planning ObligationAgreement' (1).

2.13 The Planning Obligations Practice Guidance provides local planning authorities andanyone carrying out development with practical tools and methods to help improvethe development, negotiation and implementation of planning obligations.

1 This is available online at:http://www.communities.gov.uk/publications/planningandbuilding/planningobligationspractice

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Legislative and Policy Context 2

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National Planning Policy

Planning Policy Statement 1: Delivering Sustainable Development (PPS1) (2005)

2.14 PPS1 sets out the Government’s key principles, which support the core principle ofsustainable development that underpins planning. It emphasises the importance ofsustainable development as the core principle underpinning the system. The followingkey principles are relevant to this document:

social progress which recognises the needs of everyone;effective protection of the environment;the prudent use of natural resources; and,the maintenance of high and stable levels of economic growth and employment

2.15 PPS1 highlights the important role of the planning system as a mechanism for thedelivery of sustainable development through positive, spatial planning that is integratedwith other policies and programmes. This includes: improving facilities for people;the provision of essential infrastructure; and improved access to jobs, health,education, shops, leisure, community facilities, open space, sport and recreation(paragraph 27). The Statement goes on to advise that the spatial planning approachshould (paragraph 32):

i. Set a clear vision for the future pattern of development, with clear objectives forachieving that vision and strategies for delivery and implementation. Planningshould lead and focus on outcomes. […]

ii. Consider the needs and problems of the communities in their areas and howthey interact and relate them to the use and development of land. They shoulddeal not only with what can be built where and in what circumstances, but shouldset out also how social, economic and environmental objectives will be achieved[…]

iii. Seek to integrate the wide range of activities relating to development andregeneration.

2.16 It is evident from PPS 1, therefore, that providing the necessary infrastructure toaccommodate sustainable growth is one of the key planning responsibilities of theCouncil. Planning obligations can be used to help contribute to the provision ofnecessary social, economic and environmental infrastructure needed to supportdevelopment, either by the direct provision of infrastructure or by 'pooling' contributionsfrom several developments in an area to collectively fund infrastructure.

Supplement to Planning Policy Statement 1: Planning and Climate Change (2007)

2.17 This supplement states that planning has a key role in helping to tackle climatechange, helping to shape sustainable communities that are resilient to and appropriatefor the climate change now accepted as inevitable. While the Council's planningobligations SPD may not directly impact on the wider climate change agenda, it mayenable the Council to require contributions to help mitigate against negative impactsof development and improve the efficiency of developments.

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2 Legislative and Policy Context

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Other PPS/PPG

2.18 In addition to PPS1, the government Other national planning documents may berelevant in individual cases. For example:

PPS 6: Planning for Town Centres (2005) – this may be relevant to developmentsin the town centre where funding towards public realm improvements may besought;PPS 9: Biodiversity and Geological Conservation (2005) – this may be relevantto developments impacting the Borough’s wildlife and their habitats, wherecontributions towards projects set out in the Council’s Biodiversity Action Planmay be required;PPS 25: Development and Flood Risk (2005) – this may be relevant todevelopments in areas of flood risk, where contributions towards public floodrelief schemes may be necessary;PPG 15: Planning and the Historic Environment (1994) – this may be relevantto developments involving listed buildings or within conservation areas may giverise to specific requirements, such granting public access to a building orcontributions to the public realm of the conservation areas;PPG 16: Archaeology and Planning (1990) – similarly, this may be relevant todevelopments where there are archeological requirements that cannot be dealtwith by condition, such as granting public access to sites of significant importance;andPPG 17: Planning for Open Space, Sport and Recreation (2002) – this may berelevant to developments impacting upon, or increasing demand for, open space,sports and recreation facilities where a contribution towards the cost of providingor improving these facilities may be sought.

Regional Policy Context

2.19 Section 24 of the Planning and Compulsory Purchase Act (2004) requires that LocalDevelopment Documents must be in “general conformity” with the SpatialDevelopment Strategy for London. This document is prepared by the Mayor ofLondon and is generally referred to as the “London Plan”. It provides the regionalcontext for the planning of all London Boroughs, including Harrow. The ‘current’London Plan was adopted in February 2004 and subsequently amended in the ‘earlyalteration’ in December 2006 and ‘further alterations’ in 2007.

2.20 The London Plan (consolidated with alterations), republished in February 2008includes the following six key objectives to:

accommodate London’s growth within its boundaries without encroaching onopen spaces,make London a healthier and better city for people to live in,make London amore prosperous city with strong and diverse long term economicgrowth,promote social inclusion and tackle deprivation and discrimination,improve London’s accessibility, andmake London an exemplary world city in mitigating and adapting to climatechange and a more attractive, well-designed and green city.

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Legislative and Policy Context 2

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2.21 Through the London Plan, the Mayor of London, recognises that to ensure policyimplementation is effective, the co-ordination of the contributions from variousstakeholders is necessary. In particular, effective negotiation on developmentproposals, as well as the phasing and co-ordination of development. Specific policiesrelating to 'planning obligations' in the London Plan are;

Policy 6A.4 Priorities in planning obligations - promotes a voluntary systemof pooling for the provision of facilities related to proposed developments. Aswell as promoting affordable housing and public transport as those facilities ofgreatest importance, in addition to climate change, learning and skills, healthfacilities and services, and childcare provisions.Policy 6A.5 Planning obligations - promotes boroughs setting out a clearframework for planning obligation negotiations, specifically to be a materialconsideration in assessing development contributions, to seek a contributiontowards the full cost of all fair and reasonable provisions and to be supportedin development plan documents (DPDs).

2.22 The London Plan also recognises that many developments' impacts may extendbeyond the borough boundary, such as public transport improvements and newschool and health facilities. The increase of homes and other development will placeincreasing pressure on existing facilities. Therefore a strategic approach is neededto assess the impact of developments (strategic developments) at both the regionaland local level. The pooling of resources is encouraged particularly to help contributetowards larger objectives, such as open space provision, school or strategic publictransport investment.

Local policy context

Harrow's Unitary Development Plan

2.23 The Harrow Unitary Development Plan was adopted by the Council in July 2004,and details policies and rules that help the Council to manage the impact of growthand development on the borough. On the 28 September 2007, following direction bythe Secretary of State, the Council deleted 43 policies that repeated and / or wereinconsistent with national or regional policy. Of these policies deleted was theCouncil's policy (I3) specifically relating to 'securing planning obligations'. In it's placethe Council relies on the London Plan policies 6A.4 and 6A.5, to secure and negotiatelocal planning obligations.

2.24 The following draft SPD aims to identify the local priorities for requiring planningobligations payments and contributions, as well as providing greater certainty fordevelopers and residents as to what may be required to mitigate negative impactfrom a development on the surrounding area.

Relationship of the Local Development Framework (LDF), Unitary Development Plan andthe Planning Obligation SPD

2.25 The Council is currently preparing documents to give effect to the Local DevelopmentFramework. The Local Development Framework will consist of a suite of documentsthat will eventually replace the existing Harrow UDP. The Council is currently preparing

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2 Legislative and Policy Context

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the core strategy development plan document (DPD), which is the document thatwill identify where future growth will occur in the borough and how it will be delivered.The Council has just completed it's consultation on the core strategy draft preferredoptions and a final round of consultation is proposed for 2009. (Refer to diagrambelow that summarises the documents that the LDF comprises)

2.26 The LDF is intended to include a variety of DPD and SPD documents that help topositively manage growth, through policy documents, guidance to support theimplementation of policy documents, as well as monitor how well local plans achievetheir aims. Supplementary planning documents are incorporated within the LDFprocess. However, given the length of time need for the the Council to prepare, andsubstantiate it's plans, the planning obligation SPDwill be linked directly to the LondonPlan policies (6A.4 and 6A.5). Until the Council has an approved Core Startegyunder the LDF process, this SPDwill provide the details as to how the Council intendsto implement the London Plan polices within Harrow. Once the Council has anadopted Core Strategy DPD, it will then revise the SPD to link directly to it.

Picture 2.1 Local Development Framework

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Legislative and Policy Context 2

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Process 3

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3 Process

Process

3.1 To be agreed with Development Management

Payment of Contributions

3.2 The cost of standard charges set out in this SPD will be reviewed annually to adjustfor build cost inflation. The base date for the charges set out in section 3 will be thedate of adoption of the document.

3.3 A review will be carried out annually on the anniversary of the document adoptiondate to make a financial adjustment for capital construction costs, particularly inrelation to the cost of building a school, health facility, and community facility.

3.4 Cost inflation will be based on figures released by the Office of National Statistics.

3.5 Standard charges based on future strategies, such as the Transport LocalImplementation Plan, which programmes costs to 2010 and accounts for cost inflationwill not require revision.

3.6 Where Section 106 charges are not paid on the date of Agreement, they will besubject to adjustments for increases in the index of prices by applying the retail priceindex2 to the sum payable so as to allow for the effects of increased costs toimplement the necessary actions required under the terms of the Section 106Agreement.

Priorities

3.7 The London Plan policy 6A.4 sets out the Mayor’s policies with regard to planningcontributions. This states that the highest priority should be given to affordable housingand public transport improvements with priority also given to learning and skills andhealth facilities and services and childcare provisions.

3.8 There are a number of other policies in the London Plan that refer to matters thatcould be secured by Section 106 agreement. This includes skills action and thetargeting of job opportunities to local communities, public realm improvements andsocial infrastructure and community facilities.

3.9 In general, the Council will follow this prioritisation subject to specific site orgeographical requirements:

Affordable HousingTransportHealth FacilitiesEducation and Childcare ProvisionsEconomic Development including Learning, Skills and Local EmploymentSports, Parks and Play SpaceConservation and Archaeology

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Process 3

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ArtGreen Belt Management and Biodiversity

3.10 The proposed Community Infrastructure Levy (CIL) may well change the methodsby which "community infrastructure" such as transport, sports and recreation, openspace and medical facilities is paid for and delivered. It will operate in parallel withthe existing system of negotiated planning obligations under S.106 of the Town andCountry Planning Act 1990. At the moment, the legislation provides that

CIL will be collected and spent locallyCIL will be voluntary - local authorities will be empowered as charging authorities,but will not be required to charge CILthe charge will be standard payment per unit of development completedCIL will not replace the existing system of planning obligations

3.11 The Government has stated that it intends to formally consult on draft CIL Regulationsduring the Autumn of 2008, with a view to finalising them in Spring 2009. Thereafterthe Regulations will need to be approved by Parliament before becoming law.

Local Needs

3.12 Development within certain areas may be subject to specific requirements whichreflect the specific needs of each area. For example, the south and east of the boroughis deficient in sports facilities so particular attention must be paid to the impact ofdevelopment on existing facilities. Some examples are given below and set out inmore detail within the relevant section of Chapter 4 this SPD.

Where the development is within a Super Output Area where there are low levelsof physical activityWhere the development is within 500 metres of the Green BeltWhere the development is within a Conversation Area or a designatedArchaeological Priority AreaWhere the development is within or 500 metres from the town centre.

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3Process

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Service Area Contributions 4

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4 Service Area Contributions

4.1 This Section sets out the justification and approach to setting formula and/or standardcharges for each of the following identified Council service areas.

Affordable HousingTransportEducationEconomic Development,Employment and TrainingHealthSports, Parks, and Play SpaceArtConservation, Archaeology and Countryside Management

4.2 This section does not cover all the planning obligations that may be sought as otherobligations may be required to mitigate particular forms of development or in particularparts of the borough. Exceptionally large schemes may have wide ranging impactswhich may require significant mitigation measures in addition to the standard chargeslisted below. Similarly, where a proposal creates an exceptionally large impact, theCouncil may seek contributions for development below the proposed thresholds.

4.3 Appendix 2 includes a table which summarises the expected contribution by servicearea.

AFFORDABLE HOUSING

Justification and Approach

4.4 The Council has adopted the definitions of social and intermediate housing containedin the London Plan. Affordable housing is defined as housing designed to meet theneeds of households whose incomes are not sufficient to allow them to access decentand appropriate housing in their borough.

4.5 The Harrow Housing Needs Assessment (2007) identifies that there is a shortfall ofaffordable housing in the borough of 2,303 units per annum (over the 5 years fromthe date of survey). This assessment also identifies a shortfall of all sizes of affordableaccommodation, particularly two bedroom units. However, it is important to note thatthe shortage relative to supply is greatest for four or more bedroom affordableproperties, in which the Council has identified a significant historic and existingshortfall.

4.6 Currently, the Council’s Local Area Agreement 2008 - 2011 identifies a target of atleast 200 new affordable homes per annum. This is based on the London Plan'sexisting policy requirement that 50% of all housing produced should be affordablewith a Housing Capacity target in Harrow of 400 homes per annum.

4.7 In line with London Plan (2008), affordable housing will be sought on any site with acapacity to provide 10 units or more. Within this, Harrow adopts a 70:30 split forsocial/intermediate affordable housing.

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4.8 Harrow will seek the maximum reasonable amount of affordable housing whennegotiating on individual private residential and mixed use schemes, taking intoaccount such factors as the individual circumstances of the site, economic viabilityand the availability and effective use of public subsidy. This will be assessed througha financial appraisal and Harrow will therefore require the developer to submit aworking model of the Development Control Toolkit (available for purchase from theGLA) or similar financial appraisal tool together with supporting evidence, to informthe negotiation of the maximum reasonable level of affordable housing provision.

4.9 The Council will be flexible in how it calculates the proportion of affordable housingprovided, and may consider measurements in units, habitable rooms or floor space,so as not to discourage the development of larger units suitable for familyaccommodation (3 bed +) for which there is a particular identified need in Harrow.

4.10 It should be noted that the Mayor of London has recently published “Planning for aBetter London” (July 2008) which states that that the 50 percent affordable housingtarget will be removed from the London Plan and that the overall policy approachwill be addressed primarily through a new Housing Strategy. Harrow’s affordablehousing target and approach may therefore be changed to reflect GLA policy andlocal needs.

4.11 Developers are strongly advised to contact Harrow Council’s Housing Enabling Team(contact details are given below) for further information on the Council’s affordablehousing policy and its implementation. The Housing Enabling Team can providea Supplementary Information document which provides further guidance on

Submitting the GLA Development Control Toolkit and supporting evidenceWorking with the Council’s preferred Registered Social Landlords (RSL) partnersHarrow’s target mix and bed size/occupancy for social rent unitsHarrow’s target mix and income levels for intermediate housingProvision of a minimum of 10% of affordable housing to full wheelchair housingstandardBids to the Housing Corporation

4.12 In addition, information on the Council’s approach to Lifetime Homes standards andwheelchair housing standards is given in Harrow’s Accessible Homes SupplementaryPlanning Document (SPD) which is available on the Council’s website at:http://www.harrow.gov.uk/ .

4.13 Further information on Lifetime Homes is available from the Joseph Rowntree websiteat: http://www.jrf.org.uk/housingandcare/lifetimehomes

4.14 The Harrow Council Enabling Team can be contacted on 020 8424 1933 or 020 84209229

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TRANSPORT

JUSTIFICATION AND APPROACH

4.15 The London Plan identifies public transport improvements (along with affordablehousing) to be of the highest importance in relation to securing planning obligations.

4.16 Growth in the resident, worker and visitor population of Harrow will require anextension of planned schemes to improve the quality and increase the capacity oftransport options as well as schemes to mitigate against the adverse transport impactof the increased population.

4.17 Delivery of the strategic transport schemes outlined will be provided through theprogramme of works identified in the Local Implementation Plan (LIP) and Rights ofWay Improvement Plan (ROWIP) or their equivalent. These projects are essentialto provide for appropriate infrastructure to cater for the proposed increases inresidential population in the borough over the next ten years.

4.18 Harrow’s strategic transport objectives are:

1. To improve personal accessibility to places, goods and services by improvingsustainable forms of travel, particularly the reliability, frequency and quality ofpublic transport

2. To make sustainable means of travel more attractive in terms of time, cost andquality relative to the car

3. To reduce traffic congestion in the longer term and make essential car journeyseasier

4. To reduce the need to travel, particularly by car5. To improve the distribution of goods and services6. To ensure people are aware of the implications of their travel choices7. To encourage walking and cycling as part of health education8. To ensure a better balance on the streets in residential areas and local centres

between social activities and motorised traffic9. To reduce air pollution and noise from all forms of transport including cars, buses,

vans and heavy lorries10. To ensure that new development is less dependant on non-sustainable forms

of transport and contributes positively to supporting sustainable forms of travel11. To avoid any increase in road capacity for general use12. To improve the safety and security of all travel modes13. To ensure that all forms of transport recognise the particular needs of those with

mobility problems14. To ensure the effective enforcement of all regulations and measures identified

as necessary to deliver the Strategy.

Strategic Transport Contributions

4.19 Strategic contributions will be sought to increase the capacity of transport provisionacross the borough, as outlined in the LIP and ROWIP or their equivalent, will include:

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Cycle trainingBus priority programmesBus stop accessibility improvements Cycle parking

Local area accessibilityimprovements

Facilitation of major public transportinfrastructure projectslocal saftey zones Travel training

Concessionary fares20mph zonesSchool travel plan schemes Door to door transport

improvementsRoad safety education, training and publicityShopmobility extensionCompletion of the Harrow part of the strategic

London Cycle Network Dropped kerbsCompletion of the Harrow cycle network Travel training

Disabled parking provisionTravel awareness schemes including travelplans, work travel plans and car sharingschemes

Freight delivery and service needsand continuing support for thefreight quality partnershipControlled parking zones.Air quality mitigation measuresStation access improvements

Streets for people schemes Harrow Community transportLondon LOOP/ Capital RingImprovements

Town centre transport related improvementsTraffic congestion schemes

VMS signageLocal traffic management schemesTraffic enforcement camerasPrincipal roads and footway maintenance

Non principal roads and footway maintenanceWalking and cycling infrastructureimprovements

4.20 Contributions to strategic transport will be developed from the total value of the LIPand ROWIP or their equivalent. (1).

4.21 Contributions to strategic transport will be pooled in line with Circular 05/2005, forexpenditure on the programme of projects set out in these documents.

Site Specific and Public Realm Contributions

4.22 It is recognised that many new developments will have transport impacts that willnot be mitigated by the programmes of work and projects that have been identifiedin the LIP.

4.23 Accordingly, it will be necessary to consider these impacts at the planning applicationstage and determine the appropriate contribution required from the applicant.

4.24 The council is also concerned that redevelopment may result in extensive damageto site-specific transport infrastructure (such as crossings, cycleways, and bollards).It is reasonable that contributions may be sought to mitigate this site-specific impacton a case-by-case basis.

1 The Total Value of the LIP is £23,392,000 2008

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4.25 Item based calculation for the following:

Waiting & Loading restrictionsProvision for new bus stop(s)Provision of bus shelter School Keep Clear restrictions

Signage (disabled / walking)Junction/traffic lights worksPedestrian crossings - Pelican Signage (other)

Road LinesPedestrian crossings - ToucanPedestrian crossings – Zebra Illuminated traffic sign

Speed platformsPedestrian refugeSeating Speed cushions

ChicanesPedestrian guard railingCrossing upgrades - Pelican to Toucan Hatch road markings

Raised entry treatmentsBollardsStreet lighting Carriageway and footway (re)surfacing

BinsCycle laneCycle parking Landscaping

Tree plantingDisabled parking spaceRoad junction layout revisions Road gully/drainage

Calculation of Section 106 Contribution

Cost MultiplierImpactMultiplier

Development Units

Harrow Strategic Contribution Amount –OccupancyRates (2)

Number of ResidentialUnits

Transport-Strategic

Total value of LIP and ROWIP or equivalentdivided by number of residents in theBorough discounted at 50%(PTAL 4-6)

Harrow Strategic Contribution Amount –OccupancyRates

Number of ResidentialUnits(PTAL 1-3) Total value of LIP and ROWIP or equivalent

divided by number of residents in theBorough

Harrow Strategic Contribution AmountAverageEmployeeDensity

Net Increase of 1000square metres ormore of office and/or

Total value of LIP and ROWIP or equivalentdivided by number of residents in theBorough discounted at 50%

retail gross internalfloorspace area (GIA).

(PTAL 4-6)

2 See Appendix 1

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Cost MultiplierImpactMultiplier

Development Units

Harrow Strategic Contribution AmountAverageEmployeeDensity

Net Increase of 1000square metres ormore of office and/or

Total value of LIP and ROWIP or equivalentdivided by number of residents in theBoroughretail gross internal

floorspace area (GIA).(PTAL 1-3)

Item based calculation for the following:Site SpecificContributions

Transport- Local

Provision for new bus stop(s)

Provision of bus shelter

Junction/traffic lights works

Pedestrian crossings - Pelican

Pedestrian crossings - Toucan

Pedestrian crossings – Zebra

Pedestrian refuge

Seating

Pedestrian guard railing

Crossing upgrades - Pelican to Toucan

Bollards

Street lighting

Cycle lane

Cycle stands

Disabled parking space

Road junction layout revisions

Waiting & Loading restrictions

School Keep Clear restrictions

Signage (disabled / walking)

Signage (other)

Road Lines

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Cost MultiplierImpactMultiplier

Development Units

Illuminated traffic sign

Speed platforms

Speed cushions

Chicanes

Hatch road markings

Raised entry treatments

Carriageway and footway (re)surfacing

Bins

Landscaping

Tree planting

Road gully/drainage

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EDUCATION

Justification and Approach

4.26 The London Plan states that where appropriate, boroughs should use planningobligations to address shortfalls in school capacity arising from planned new housingdevelopment. The Council can require developers to contribute to funding one-offcapital costs of providing new permanent and temporary classroom space in orderto meet rising school rolls. The Council has calculated “child yield” figures to identifythe additional number of children expected through new development (refer toAppendix 1 for Child Yield tables). These were reported to the Council’s LocalDevelopment Framework Panel in March 2008.

4.27 Harrow Council has undertaken research that shows that, at the primary level, thenumber of pupils in Reception to Year 6 is likely to increase steadily over the yearsto 2016. An increase of between 2 and 5 additional forms of entry (3) will be neededby 2015. Therefore, any residential development that brings additional primary agedschool children to the borough will have a direct effect on the provision of educationservices.

4.28 At secondary level, the Council's research shows that there is small level of surplusplaces predicted until 2015. However, it is estimated that there will be an additional600 11-15 year olds living in the borough in 2015 as a result of new housingdevelopment. Also, it is expected that there will be an increase in the staying-on rateafter year 6. A combination of these two elements would fill the current projectedsurplus. The Council will continue to monitor provision at the secondary level in theborough to ensure that there is a satisfactory future level of provision.

4.29 The Council is likely to require a contribution to support the mitigation of developmenton education in the following ways:

the increased demand for school places including Early Years Provision, Primaryand where appropriate, Secondary schools.the increase of facilities within the school for the use by schools and their localcommunities. For example, extended schools, school facilities including, library,information hubs, play spaces etc, co-location of services.

4.30 The increase in capacity for school places and other facilities will be achieved byexpanding existing school sites either through new build, refurbishment or acombination of new build and refurbishment. The contributions from individualschemes may not in themselves be sufficient to fund specific projects but may bepooled (in line with Circular 5/2005) to achieve school expansion or improvement inthe respective education planning area(s).

Calculation of Section 106 Contribution

4.31 The capital contribution that will be required fromSection 106 agreements is calculatedas follows:

3 Based on 30 pupils in a class

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Number of residential units x Additional Number of Children as a result ofdevelopment (based on Child Yield) x New Build or RefurbishmentConstruction Costs

Cost MultiplierImpactMultiplier

DevelopmentUnits

New Build ConstructionCosts:

Child YieldNumber ofresidential units

New Build – Primary orSecondary

Cost per m2 of a new place £2,400 per square metre

(Average cost of building a newprimary or secondary place)

Threshold:

1 residential unit

Refurbishment SchoolBuilding Costs£1800 per square metre

Child YieldNumber ofresidential units

Refurbishment – Primary orSecondary

Cost per m2 of a refurbishedplace

(Average cost of refurbishing aprimary or secondary place)

Threshold:

1 residential unit

NB For the purposes of these calculations, it is assumed that one child will require 1 squaremetre of space.

Calculation table for education contributions

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ECONOMIC DEVELOPMENT (EMPLOYMENT AND TRAINING)

Justification and Approach

4.32 The Mayor’s London Plan cites the need to improve London’s skills base, improveemployment opportunities and remove barriers to employment, and identifies learningand skills as two key priorities for planning obligations. For the purpose of this SPD,'economic development' in Harrow includes a wide range of activities and covers:

employment and training including construction training and the use of locallabourlocal regeneration initiatives, such as the development of incubator space forsmall businessestourismtown centre improvement and management

4.33 Harrow is a classic outer London suburb, but now one which aims to challengesuburban stereotypes and actively seeks to identify economic opportunity and makepositive changes happen through a range of projects and programmes. Developmentcoming into the borough should increase economic vitality by creating employmentand training opportunities and through the multiplier increase local spend. In additionthe positive impact of development can be heightened through encouraginginvolvement in local supply chains and procurement opportunities.

4.34 From the Council's work preparing the Enterprising Harrow 2007-16 strategy and aspart of the West London City Strategy Pathfinder we know that:

local businesses have difficulty finding premises and retaining and attractingskilled people to the local economywe have pockets of low skilled residents with diminishing job opportunitiesthe number of economically inactive residents is increasingthere is a downturn in employment growth and limited expected increases inprojected employment growth in outer London (4)

more retail purchasing by residents outside Harrow’s town centres, with theexpectation of this increasing with the arrival of Westfield at Shepherd’s Bushin some parts of the borough, particularly areas of social housing, worklessnessis nearly 25%

4.35 There is a need to ensure that appropriate skills are developed and that localresidents, particularly those not in work, have the ability to access either the jobscreated in building new developments and or once the development is built. In additionnew commercial development particularly offices may place increased demands onexisting services in the town centre.

4.36 Therefore, it is intended that the use of planning obligations in respect of economicdevelopment, be applied to planning applications with an employment generatingthreshold greater than 10. The Council’s economic development unit will evaluatethe impact of the development, using an economic impact assessment to assess thetype of contributions a development may deliver. This may be one or several of those

4 GLA projections show in comparison with inner London (London Plan draft alterations2008)

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set out in the following table, depending on the type and location of the developmentand may be for direct payment and or in-kind obligations. Any funding secured willeither be used to build upon existing initiatives e.g to tackle worklessness, improveskills (which may be tailored to particular sectors e.g. construction.) or other projectsset out in the Enterprising Harrow Action Plan. This will minimise the amount ofSection 106 funding that is used for management costs and ensure that funding isspent to better support residents and businesses in Harrow.

4.37 In appropriate cases applicants are encouraged to take part in initiatives relevant tothe proposed development. These are:

Construction training - suggest joining Employer Accord and work with JobCentre Plus and the LSCTown centre improvement district - suggest becoming a member of HarrowBusiness ConnectionSmall business premises and support - suggest becoming a member of HarrowBusiness ConnectionTourism - suggest joining Harrow Tourism Forum

Calculation of Section 106 Contribution

Cost MultiplierImpact MultiplierDevelopment UnitsEmploymentInitiative

Construction Training (either option A or B will apply)

£3,500 for every £1mcost of construction.

1 local trainee(ideally anapprentice) per £1million ofconstruction cost.

Any scheme providinga net increase of over1000 square metres ofoffice or retail grossinternal floorspace area,or more than tenhousing units.

Option A

Funding will contributeto training costs anda construction trainingand employmentco-ordinator.

The planningobligation will alsoinclude use of locallabour/localsub-contractoragreement

(attach asappendices?)

£10,000 for every£1m of build costs

As aboveLarge housing schemes(with a minimum buildcost of more than£250,000).

Option B

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Cost MultiplierImpact MultiplierDevelopment UnitsEmploymentInitiative

Construction Training (either option A or B will apply)

Funding will buy intothe Notting HillHousing ConstructionScheme (CTI)

The CTI scheme is afully comprehensivescheme

Training and Employment initiatives, including apprenticeships.

£5,000 for every £1mof build costs

Obligation to alsoadvertise vacancieswithin the local area

Any scheme generatingmore than 10 new jobs

Funding will contributeto Xcite and follow onprojects established

and guaranteeinterviews whereappropriate

to operate in parts ofthe borough with thehighest levels ofworklessness

Town Centre/Business Improvement District

£1,000 for every £1mof build costs

Any scheme within theboundary of Harrow

Funding to supportthe implementation ofthe BID business plan Town Centre over 1000

sq metres

Small business premises and support

£1,000 for every £1mof build costs

Any commercial orindustrial scheme witha build cost of over£5m.

Small businesspremises/provision forbusiness support

Tourism

£1,000 for every£1m of build costs

Any new commercialdevelopment within the

Funding will be usedto implement theHarrow tourismstrategy.

leisure, tourism andhospitality sector

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HEALTH

Justification and Approach

4.38 The London Plan recognises that there are existing geographical differences inaccess to primary care and the average list size of GPs across London. Planningcan contribute towards addressing such disparities by ensuring the provision ofprimary care facilities as part of new residential and commercial developments throughSection 106 agreements. In addition, there may be acute, mental and intermediatehealth care needs related to proposed development, that need to be addressed.

4.39 The Council may require a contribution towards new health facilities, as a direct resultof a proposed development. Any contribution will be related to the size, scale andpotential need to address any issues resulting from a specific development. TheCouncil will base any financial contributions on the Healthy Urban Development(HUDU) Model.

In Areas of Need

4.40 The Council will seek advice from Harrow PCT to establish areas of the boroughwhere;

a. the existing health care facilities are unable to cater for more patients or users.In these areas, contributions to increase service provision will be prioritisedthrough the Development Management process

b. the PCT considers existing health care facilities may be unable to cater for morepatients or users within five [ to be agreed] years of the planning application

c. there are major health issues e.g. heart disease, diabetes, pulmonary heartproblems

4.41 In these areas of need, the Council/PCT will require;

any residential development of one or more units to contribute to increasedprovisiona assessment of any commercial development, to determine if the location ofhealth related services be accommodated within the development.

Borough wide

4.42 All residential developments (Use Class C3 Dwelling houses) of 10 or more units inthe borough, including conversions and within mixed use schemes, will be requiredto contribute to the provision of health facilities. The Council/PCT may seekappropriate accommodation for health related services within a development in returnfor a reduced financial contribution.

4.43 All contributions may be pooled in line with Circular 05/2005.

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Calculation of Section 106 Contribution

Cost MultiplierImpactMultiplier

Development UnitsProposed Land Use

In Areas of Need

Based onHUDUModelOccupancyRates

Number of ResidentialUnits

Residential Developmentsof 1 or more units

Council/PCT may seek accommodationwithin the development

Retail or commercialdevelopmentfloorspace

Retail or commercialdevelopment

Borough wide

Based onHUDUModelOccupancyRates

Number of ResidentialUnits

Residential Developmentsof 10 or more units

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SPORTS, PARKS AND PLAY SPACE

Justification and Approach

4.44 PPG 17 states that planning obligations should be used where appropriate to seekincreased provision of open spaces and local sports and recreational facilities andthe enhancement of existing facilities. The guidance also states that ‘Planningobligations should be used as a means to remedy local deficiencies in the qualityand quantity of open space, sport and recreation provision. Local authorities will bejustified in seeking planning obligations where the quantity or quality of provision isinadequate or under threat or where new development increases local needs’.

4.45 Given this policy background, within Harrow the provision of sports facilities, parksand open space provision and play provision in relation to planning obligations andsection 106 contributions will be considered together. However, where developmentoccurs in wards where there are low levels of sports participation (based on latestSport England Active People Survey), particular attention will be paid to improvingsports facilities/participation.

4.46 Where development is of a significant size (10 housing units or 1000 square metrescommercial space), the Council will expect contributions towards the following;

sports facilities (based on Sport England’s Facilities Calculator)on site play spaceoff site play spaces and/or local parks

SPORT – Justification and Approach

4.47 The Council remains committed to the development of the borough's leisure provision,which is vital to improving the quality of life for local residents and visitors by providingfacilities for the young and old alike, to make sport and exercise a lifelong habit toimprove their overall health and well being.

4.48 Sport England’s Active People Survey 2005 shows that Harrow is ranked 28th out of33 London boroughs in terms of participation in moderate intensity sport and activerecreation. The Council’s Cultural Strategy and Sports, Recreation, and Open Planidentified a number of key issues in relation to future provision of open space, indoorand outdoor sport and recreation facilities. These include:

Updating existing facilities - Within Harrowmany sports facilities were developedin the late 60s, early 70s, and the communities for which they were intended toprovide have changed significantly. There is now a need to re-think facilityprovision across the borough, to ensure local needs can be met, and toencourage participation for health and quality of life reasonsPoor Condition of Existing Facilities – This is especially the case at Hatch EndPool, Harrow Leisure Centre and Bannister Athletics Stadium.Lack of Facilities in South Harrow - There is a lack, overall, of facilities andprovision in the South Harrow area, particularly for young people.Young People - There is a lack of appropriate (activities, location, opportunities)for young people across the Borough; they are generally unable to accessexisting facilities due to price and location.

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4.49 In response to these findings, the Council has agreed to invest £37.2m in sports andleisure from land sales, beginning with the development of a new leisure centre andreplacement skatepark at the Byron Recreation Ground by 2010 to bring about asubstantial improvement of the existing leisure provision for local residents.

4.50 In addition, the Council's Cultural Strategy 2006/08 identifies the following key projects:

Develop a small local swimming pool facility in the Borough which provides forinformal “fun” water sportsDevelop a Multi-Use Games Area in the south and east of the borough

Facilities Planning Model

4.51 With these substantial investment proposals, the Council recognises that it needs toreview the provision of sports facilities to take account of these changes. SportEngland’s Facilities Planning Model is a strategic modelling tool used to estimatethe level of demand for sports facilities [swimming pools and sport halls only] withinthe local population, comparing this with the supply of facilities within a given localarea.

4.52 The Council plans to use Sport England’s Facilities Planning Model in October 2008to identify existing inadequacies in facility provision. The Facilities Planning Modelwill help to shape the borough’s future growth plans and be used to ensure that futuredevelopments are matched by investment in sports related infrastructure fundedthrough the planning process.

Sports Contributions

4.53 Where residential or office development is over a specified size/threshold ( x hectares,10 residential units or more, or 1000 sq m commercial space), the Council will requirea specific contribution towards sports facilities, based on Sport England’s FacilitiesCalculator. For developments under this size/threshold, contributions are likely to bepooled in line with Circular 05/2005.

PARKS – Justification and Approach

4.54 Harrow Council recognises the importance that parks play for providing accessible,high quality opportunities for a range of informal recreation, sporting opportunitiesand community events. The Council has identified a hierarchy of parks within theBorough including Destination Parks. There are 8 destination parks in the Borough,which include:

Harrow Weald CommonCanons ParkByron Recreation GroundPinner Memorial ParkStanmore Country ParkHarrow Recreation Ground

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West Harrow Recreation GroundHeadstone Manor Recreation Ground

4.55 New residential developments will normally be expected to provide a financialconsideration to provide towards off-site provision or improvements to existing spacefor impact on recreational open space within Borough.

4.56 The contribution expected is based on the CIPFA values for Park provision in Londonwhich average to £17.36 per person. This value is extended to cover the impact overa 10 year period giving a total value of £173.60 per person.

PLAY SPACE – Justification and Approach

4.57 The Mayor of London's Supplementary Planning Guidance Providing for Childrenand Young People's Play and Informal Recreation provides detailed guidance on theprovision of play space 2009. It states that Section 106 agreements can be used tosecure the provision of play facilities and management and maintenance of thesespaces by developers to meet the needs arising from new development schemes.Agreements can be used to secure both capital and revenue funding to provide forthe future maintenance of play provision.

4.58 Based on this guidance, the Council will seek developer contributions both to improveplay opportunities off-site and to support the development andmanagement of on-sitespaces. Contributions for off-site provision will aim to improve children and youngpeople’s free access on a daily basis to play and informal recreational opportunities,rather than more structured leisure or youth activities.

4.59 Contributions from more than one development within an area may be pooled toimprove play provision or to make new provision off-site. Opportunities for the poolingof contributions are identified in the Council’s Play Strategy. The Council’s PlayStrategy 2007 - 2012 identifies the following gaps in play provision:

There is a lack of play provision in the East of the borough, for all children butparticularly for older children (12+) eg. Kenton East, Kenton West andQueensbury wards.Overall provision for teenage play is poor. There is demand for facilities amongstyoung people for free play, more adventurous forms of play and areas thatprovide shelter and safety.There is a need for improved access to opportunities for vulnerable groupsincluding disabled children, asylum seekers and looked after children.There are housing estates that are poorly served with play facilities.Use of community centres, halls and school facilities as venues for informalsport, play and recreation should be further developed.

4.60 The size of the contribution will be based on the additional number of children andadults that is expected to be yielded by the proposed development based on thetables in Appendix 1 Child Yield and Occupancy Rates.

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4.61 A contribution of £261 per child will expected based on the tendered costs of recentplay area developments in the Borough which averages out at a value of £52.2 perchild. This value is extended to cover a five year period.

Play Space Costs of On-site provision

4.62 Planning obligations will be used to secure the provision of play facilities andmanagement and maintenance of these spaces. The emphasis will be on theprovision of high quality play space that meets the needs of the development andenhances play provision in the area.

4.63 The cost of on-site provision will be made up of two elements:

play space provision: design, layout, landscaping and equipmentmaintenance, supervision and management

4.64 Agreements will be used to secure both capital and revenue funding to provide forthe future maintenance of play provision.

4.65 On new developments with estimated child occupancy of more than ten children,developers will be expected to:

provide play facilities on site for children under 5.contribute to improved play facilities for Children 5 – 11 and Young people 12+within 800 metres of the sitecontribute to improvements at local parks

Management and Maintenance

4.66 Developers will be required to agree a management and maintenance scheme withHarrow Council. The scheme should provide for the maintenance of the play facilitiesto the agreed standard by the developer or an appropriate agency.

4.67 The Borough will seek to maximise the maintenance period secured through a legalagreement and a minimum 15-year period of maintenance is recommended. Thescheme should ensure adequate day-to-day upkeep and inspection, and repairs andrefurbishment over time.

4.68 Developers should ensure that spaces are completed within the same timescale asthe adjacent housing. In larger, phased developments spaces should be programmedin so they are also completed in phases in parallel with the housing. The developerwill be required to cover maintenance costs for the specified period.

Costs of Off-site provision

4.69 In line with GLA policy set out in the Mayor’s SPG, the level and type of contributionswill be calculated through negotiation but must be adequate to ensure that appropriateprovision can be implemented. The level of contribution will be no less than the levelof contribution that would be made if provision was to be made on-site. The use of

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such contributions will be limited to the provision and maintenance of play facilitiesand will be determined in relation to the priorities and opportunities identified in theCouncil’s Play Strategy.

Developments Yielding Less than 10 Children

4.70 On new developments with estimated child occupancy of fewer than ten childrendevelopers will be required to make an appropriate financial contribution to playprovision within the vicinity of the development as follows:

provide contributions to upgrade play facilities near to the site for children under5.contribute to improved play facilities for Children aged 5 to 11 and Young peopleaged 12+ within 800 metres of the sitecontribute to improvements at local parks

Calculation of S106 Contribution

Cost MultiplierImpactMultiplier

DevelopmentUnits

Sport Facilities

Sports FacilitiesCalculator (based on

OccupancyRates

Number ofresidentialunits

Under thresholds:

x hectares, or additional people as a resultof the development)

10 residential units or greater, or

1000 sq metres commercialspace)

Sports FacilitiesCalculator (based on

OccupancyRates

Number ofresidentialunits

Over thresholds:

x hectares, or additional people as a resultof the development)

10 or more residential units orgreater, or

1000 sq metres commercialspace)

Parks

£173.60 per personOccupancyRates

Number ofresidentialunits

To upgrade nearest DestinationPark

Play Space

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Cost MultiplierImpactMultiplier

DevelopmentUnits

Sport Facilities

Will depend on nature ofdevelopment and includemaintenance contribution.

Child YieldorOccupancyRates

Number ofresidentialunits

On site provision - whereestimated child occupancy ofmore than ten children

£261 per child.Child YieldNumber ofresidentialunits

Off site provision - whereestimated child occupancy of lessthan ten children

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ART and CULTURE

Justification and Approach

4.71 The London Plan (Policy 3D.4 Development and promotion of arts and culture)statesthat DPD policies should encourage ‘Percent for Art’ schemes and encourage artsand cultural facilities in major mixed-use developments. In addition, the LondonMayor’s Cultural Strategy promotes the use of Section 106 and percent for art inmajor mixed-use developments to develop the creative and cultural industries

4.72 Given this policy background, the Council's Cultural Strategy 2006-2008 supportsthe development of the provision of art in public spaces and a "Percent for Arts"procedure. The Council adopted an Arts in Public Spaces policy in 2004 which setsout the Council’s position regarding the use of public artworks within Harrow’sdevelopmental and planning goals and objectives and considers the mechanismsby which art could be provided in public places.

4.73 A copy of the Council's Arts in Public Spaces policy and other relevant guidance isavailable from the Council. Please contact the Council's Arts and Events section on020 8424 1906.

4.74 Rather than require a direct financial contribution towards art, the Council will seekpublic art to be included in the development design process of “larger” newbuildings/developments. This is in line with other Government guidance (eg By Design– Urban Design and the Planning System (CABE/DETR, 2000 ‘The work of artistsshould be integrated into the design process at the earliest possible stage if it is tobe used effectively.’). The Council will seek an amount equal to 1% of the build coststo be identified within the development costs towards public art.

4.75 For “smaller” developments, a financial contribution based on 1% of build costs wouldbe sought. Such contributions may be pooled in line with circular 05/2005.

4.76 From 2009, Sport England's Active People Survey will include Engagement in Artsas one of its measures. Where development occurs in wards where there are lowlevels of art engagement based on this Survey, particular attention will be paid toimproving art engagement in these areas.

Calculation of Section 106 Contributions

ApproachDevelopment

Larger Developments

Public Art to be integrated into the designprocess. Amount to be equal to 1% ofbuild costs

Residential Developments of 10 or more unitsCommercial Developments of over 1000 squaremetres

Smaller Developments

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ApproachDevelopment

Larger Developments

1% of build costs to support the Arts &Cultural facilities

Residential Developments of under 10 unitsCommercial Developments of under 1000 squaremetres

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Conservation, Archaeology and Countryside Management

Conservation - Justification and Approach

4.77 There are 28 designated Conservation Areas within the Borough. Designation of aConservation Area puts a duty on the local authority to assess the special interestof the Conservation Area and to develop management and enhancement proposals.The Council is preparing Conservation Area Appraisals and Management Strategiesfor all the Conservation Areas in the Borough, which evaluate the special characterand appearance of the area. Each Management Strategy is designed to set outopportunities for the area’s preservation and enhancement.

4.78 The Council will seek a contribution from any development within a designatedConservation Area. A one percent charge (1%) based on total build costs will beexpected. This will be used towards related improvements identified in the relevantConservation Area Management Strategy.

Archaeology - Justification and Approach

4.79 There are nine designated Archaeological Priority Areas (APA) within the borough.Some of these include parts of Scheduled Monuments, of which the borough has 7.These areas were designated in recognition of their potential for buried archaeologicalremains, their historic interest as standing monuments or as landscapes which showevidence of past human intervention. Any development proposed within an APA orwithin an 800 m radius of a Scheduled Monument could have a significant effect onthe archaeological importance of the area.

Green Belt Management - Justification and Approach

4.80 The Green Belt within the Borough covers 1088 ha and is a major resource forresidents in terms of access to green space and countryside. The London Planrecognises that boroughs should encourage positive uses for the Green Belt thatrealise the potential to improve the environmental and landscape quality andaccessibility of the land while meeting its statutory purposes.

4.81 The Council’s Green Belt Management Strategy sets out the Borough’s approach,based upon 10 objectives (shown in bold, below). Each objective has a series ofactions to be delivered, in order to achieve the aims of the strategy; those actionspotentially requiring developer funding are summarised in relation to each objectivebelow:

Green Spaces Policyappointment of officer(s) to implement the Council's biodiversity action planand co-ordinate the management of the Green Beltimplement maintenance and improvement plans for Council owned siteswithin the Green Beltfund a review and update the survey for the Sites of Metropolitan andBorough Importance

Informal Recreation Provision

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measures to improve and promote pathways and the network of public rightsof way through the Green Beltprovision of improved disabled access to Bentley Priory wooded slopesimproved signageundertake feasibility studies of linking: Pinner Park and Copse Farmpastures, Belmont Walk to the Green Belt, Pinn Walk to the Green Belt andPinner Park Farm to Headstone Manor

Formal Recreation Provisionimprovements and possible extension to bridleway network at StanmoreCommonmaintain formal playing fields and access to fishing pondsinvestigate the possible development of an indoor sports facility andspectator seating at Roger Bannister Sports Centre

Visitor and Interpretation Facilitiesnegotiate extension of Stanmore Country Park into Wood Farmprovision of awareness-raising and educational facilities/packmeasures to improve safety/security, provision of seating, restore old toiletsto provide information point & cafe

Conserving and Enhancing Biodiversityconservation of ecology at Stanmore Common from neighbouringdevelopmentsupport work of voluntary wardens and groupsimplementation of actions in Biodiversity Action Plan

Conserving and Enhancing Landscaperestore and protect Pear Woodinstall vehicle barriers and remove laybys on Heathbourne Road (to preventfly tipping)promote review of sustainable urban drainage systems around StanmoreCommon

Cultural Heritageprovide information boards, undertake and implement concept plan forGrim's Dyke scheduled ancient monument, registered park and garden andopen spaceimprove pedestrian safety along Old Redding Road

Agricultureformulate and implement plan for use of Pinner Park Farmpromote the Environmental Stewardship scheme

Water Environmentproduce and implement a management plan for Little Brewers and GreatBrewers Pondsinvestigate possible licenced fishing at Summer House Lake, Little BrewersPond and Great Brewers Pond

Burial Spacefeasibility study of potential burial sites in the Green Belt

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4.82 The cost of delivering this strategy is estimated to be £1.26 Million. The Council willtherefore seek through a section 106 agreement a contribution from any developmentwithin the Green Belt or within 500 metres of the Green Belt boundary. Thecontribution will be 1% charge based on total build costs.

4.83 It is considered that any new development within 500 metres of the Green Belt willhave an effect on the Green Belt in terms of bringing additional people to the area.It is considered that a contribution towards improving access to the Green Belt is anappropriate way to mitigate the effect of the proposal. The contributions will be pooledin line with Circular 5/2005 and used to improve access to the Green Belt as identifiedin the Green Belt Management Strategy.

Access to Nature – Justification and Approach

4.84 The London Plan recognises the importance of access to nature for residents inLondon. The GLA’s Improving Londoners' Access to Nature Implementation Reportstates that localities where people are further than 1km walking distance from apublicly accessible site of Borough or higher level of significance for natureconservation are defined as Areas of Deficiency in access to nature. Within Harrow,this report identifies an area towards the south of the Borough which comes into thiscategory as well as two priority sites (The Rattler and Newton Park & Ecology Centre)for reducing this deficiency.

4.85 The Council will therefore seek contributions from any residential development locatedwithin this area to improve access and biodiversity of these sites in line with theGLA’s Report. A 1% charge based on total build costs will be expected. This willinclude work to increase the wildlife value of Sites of Local Importance for NatureConservation, improving access to Sites of Importance for Nature Conservation,either providing additional or improving existing access points or by improving localroad crossings.

Sites of Importance for Nature Conservation – Justification and Approach

4.86 Sites of Importance for Nature Conservation are graded as either metropolitan,borough or local according to their importance for wildlife. It is the sites of localimportance which tend to be the smaller sites located near to residential areas. It istherefore these sites which residents are likely to use frequently for outdoorrecreation. However these sites do not provide the best opportunities of experiencingnature. Any development with 500 m of a Site of Local Importance for NatureConservation will result in a increased use of the site creating additional managementpressure. Also due to the increased use of the site, the wildlife value of the siteshould be improved so that new residents can experience wildlife within easy reachof their home.

4.87 The Council will therefore seek through a section 106 agreement a contribution fromany development within 500 m of a Site of Local Importance for Nature Conservation.A 1% charge based on total build costs will be expected. This will be used towardsrelated improvements identified in the site's management plan.

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Harrow Biodiversity Action Plan – Justification and Approach

4.88 The Harrow Biodiversity Action Plan is part of the Council's Green Belt ManagementStrategy and sets out a series of action plans for various habitats, many of which areunder pressure from development and species which are of importance within Harrow.The overall aim of the Harrow Biodiversity Action Plan is to conserve, protect andenhance the biodiversity of the London Borough of Harrow. To achieve this aimeach action plan contains a number of projects which will be carried out across theborough. It is expected that everyone living within the borough will benefit from thework of the Harrow Biodiversity Action Plan.

4.89 The Council will therefore seek through a section 106 agreement a contribution fromany development within the borough. £50 will be requested per dwelling unit. Thecontributions will be pooled in line with Circular 5/2005 and used to implement actionslisted within Biodiversity Action Plan to take place within the ward of the development.

Site of Special Scientific Interest – Justification and Approach

4.90 Sites of Special Scientific Interest (SSSI) are sites which are of national importancefor either ecological or geographical reasons. Within Harrow there are two SSSIs,Bentley Priory - an ecological site and Harrow Weald - a geological site. CurrentlyHarrow Weald is not open to the public and is therefore not under any pressure fromvisitors. Bentley Priory however is a popular site receiving high visitor numbers.Any developments nearby which result in an increase in resident numbers will in turnincrease visitor numbers to this site. SSSI are fragile sites and increase in visitornumbers can have a detrimental effect unless the site is managed accordingly tomitigate any damage.

4.91 The Council will therefore seek through a section 106 agreement a contribution fromany development within 500 metres of Bentley Priory. A 1% charge based on totalbuild costs will be expected. The contributions will be pooled in line with Circular5/2005 and used to implement actions listed within the site’s management plan. Thecouncil will reconsider requesting contributions for HarrowWeald SSSI as and whenthis site becomes open to the public.

Calculation of Section 106 Contributions

Cost MultiplierDevelopment Units

1% charge based on total build costsAny Development within aConservation Area or within anArchaeological Priority Area

Conservation andHeritage,

1% charge based on total build costsDevelopment within Green Belt andwithin 500 metres of Green Beltboundary

Green BeltManagement

1% charge based on total build costsAny site within a GLA defined areawhich is deficient access to nature

Access to Nature

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Cost MultiplierDevelopment Units

1% charge based on total build costsAny proposals affecting Sites oflocal importance for nature

Sites of LocalImportance for

conservation or important ecologicalfeature

NatureConservation

£50 per dwelling unitAny development within theborough

HarrowBiodiversity ActionPlan

1% charge based on total build costsAny development with 500 metresof SSSI boundary

Site of SpecialScientific Interest

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Management 5

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5 Management

Administration Costs

5.1 The monitoring and administration of section 106 agreements is an impact of adevelopment, one which the Council would not have to bear if the development werenot to take place.

5.2 This charge excludes all legal costs associated with the preparation of s106agreements.

5.3 The cost will be based on five percent (5%) cost of the overall cost value of theagreement up to a maximum of £50,000 or in the absence of any monetary valuearising from the agreement, a flat rate of £500.

5.4 Funding will be negotiated and used for dedicated Section 106 monitoring officers

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Child Yield and Person Yield Tables 1

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Appendix 1 Child Yield and Person Yield Tables

CHILD YIELD

Multiplier0-15

Multiplier16-17

Multiplier11-15

Multiplier5-10

Multiplier 0-4TABLE 1

0.20000.21 Bed

0.950.050.080.230.642 bed

1.830.170.470.740.623 Bed

2.930.371.291.220.414 Bed

3.990.511.761.660.575 Bed

5.320.682.352.220.756 bed

Table 1: Affordable Housing - Child Yield Multiplier versus Beds

Multiplier0-15

Multiplier16-17

Multiplier11-15

Multiplier5-10

Multiplier 0-4TABLE 2

0.060.010.010.031 Bed

0.290.030.080.172 bed

0.520.130.150.263 Bed

0.660.130.210.314 Bed

1.130.310.410.415 Bed

Table 2: Private Housing - Child Yield Multiplier versus Beds

PERSON YIELD (1)

Related Age Profile Breakdown (results in percentage)No ofPersons perhousehold

TABLE 3Type

75+60-7415-590-14

Houses

7851342.782 bed orsmaller

1 Source: 2001 Census - Table SCT210

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Related Age Profile Breakdown (results in percentage)No ofPersons perhousehold

TABLE 3Type

75+60-7415-590-14

Houses

4756323.053 bed

4655343.694 bed +

Flats

271640171.471 bed

302039111.392 bed

6755322.433 bed

3438562.574 bed +

Table 3: Affordable Housing

Related Age Profile Breakdown (results in percentage)No ofPersons perhousehold

TABLE 4Type

75+60-7415-590-14

Houses

3868223.002 bed orsmaller

61362192.663 bed

51363192.994 bed +

Flats

6776111.711 bed

1197371.532 bed

121265111.843 bed

5973132.544 bed +

Table 4: Private Housing

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Planning Obligation Calculation - Summary Table 2

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Appendix 2 Planning Obligation Calculation - Summary Table

StandardCharge

MultiplierThresholdEligible LandUse/UseClass

To Provide ForService Area

Not Applicable10 units orabove

Residential(C3)

Affordable HousingHousing

Total value ofLIP andROWIP or

OccupancyRates

1 unit or aboveResidential(C3) withinPTAL 4-6

StrategicContribution

Transport

equivalentdivided bynumber ofresidentsdiscounted at50%

Total value ofLIP and

OccupancyRates

1 unit or aboveResidential(C3) withinPTAL 1-3 ROWIP or

equivalentdivided bynumber ofresidents

Total value ofLIP and

AverageEmployeeDensity

Net increase of1000 squaremetres or more

Office and/orretail grossinternal ROWIP orfloorspace equivalentarea withinPTAL 4-6

divided bynumber ofresidentsdiscounted at50%

Total value ofLIP and

AverageEmployeeDensity

Net increase of1000 squaremetres or more

Office and/orretail grossinternal ROWIP orfloorspace equivalentarea withinPTAL 1-3

divided bynumber ofresidents

Site specific contributionsbased on cost estimates –see section 4 Transport

Anydevelopment

AllLocal Contributions

£2400.00 persquare metre

Child Yield1 unitResidential(C3)

New Build Primaryor Secondary

Education

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StandardCharge

MultiplierThresholdEligible LandUse/UseClass

To Provide ForService Area

£1800 persquare metre

Child Yield1 unitResidential(C3)

RefurbishmentPrimary orSecondary

£3,500 forevery £1million cost ofconstruction.

Any schemeproviding a netincrease ofover 1000square metres

Residential(C3) orCommercialConstruction

Training

training costs anda construction

Employment &Training

of office ortraining and (1 local

trainee per £1million ofconstructioncost.)

retail grossinternalfloorspacearea, or morethan tenhousing units.*

employmentco-ordinator

£5,000 forevery £1m ofbuild costs

Any schemegeneratingmore than 10new jobs

CommercialDevelopment

Training andEmploymentinitiatives, includingapprenticeships.

Funding willcontribute to theXcite and follow onprojectsestablished tooperate in parts ofthe borough withthe highest levelsof worklessness

£1,000 forevery £1m ofbuild costs

Anycommercial orindustrial

Small businesspremises/provisionfor businesssupport

EconomicDevelopment

scheme with abuild cost ofover £5m

£1,000 forevery £1m ofbuild costs

Any newcommercialdevelopment

Funding will beused to implementthe Harrow tourismstrategy.

Tourism

within theleisure,

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StandardCharge

MultiplierThresholdEligible LandUse/UseClass

To Provide ForService Area

tourism andhospitalitysector

Health

In Areas of Need

Contributionsbased on

1 unitResidential(C3)

GP surgeries andother healthrequirements LDA HUDU

model

Council/PCT may seekaccommodation within thedevelopment

Over 100square metres

Retail(A1,A2,A3,

GP surgeries andother healthrequirements

A4,A5)

Commercial(B1,

Borough Wide

Contributionsbased on

10 or moreunits

Residential(C3)

GP surgeries andother healthrequirements LDA HUDU

model

Contributionsbased onSportsEngland’s“SportsFacilitiesCalculator”

Residential(C3)

Swimming pools,sports halls andindoor bowls centre

Sports, Parks,and PlaySpace

£173.60 perperson

OccupancyRates

1 or more unitResidential(C3)

To contribute toupgrading nearestDestination Park

Parks

On siteprovisionChild Yield/

EstimatedChild Yield is

Residential(C3)

On Site Provisionof play space

Children’sPlay Space –

requiredOccupancyRates

equal to ormore than 10

LargerDevelopments based on

GLA Policy

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StandardCharge

MultiplierThresholdEligible LandUse/UseClass

To Provide ForService Area

£261 perchild

Child Yield/OccupancyRates

EstimatedChild Yield isless than 10

Residential(C3)

Off Site ProvisionChildren’sPlay Space –SmallerDevelopments

£1,000 forevery £1m ofbuild costs

Any schemewithin theboundary of

CommercialTown CentreBusinessImprovementDistrict

Town Centresand TownCentreManagement Harrow Town

Centre over1000 sqmetres

Amountequivalent to

10 units ormore

Residential(C3)

Public Art to beintegrated into the

Art - LargerDevelopments

1% of buildcosts

design process inline with Council’s Over 1000

square metresCommercialDevelopmentsArt in Public Places

Policy

1% chargebased onUnder 10

Residential(C3)

Contributiontowards

Art- SmallerDevelopments

total buildcosts

units

Under 1000

CommercialDevelopments

square

metres

1% chargebased on

NotApplicable

Anydevelopment

AllActions withinrelevant

ConservationandArchaeology total build

costswithin aConservation

Conservation AreaManagementStrategy Area or

ArchaeologicalPriority Area

1% chargebased on

Developmentwithin Green

AllActions withinGreen Belt

Green BeltManagement

total buildcosts

Belt or within500 metres ofGreen Belt

ManagementStrategy

1% chargebased on

NotApplicable

Developmentwithin identified

Residential(C3)

Actions withinGLA’s Improving

Access toNature

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StandardCharge

MultiplierThresholdEligible LandUse/UseClass

To Provide ForService Area

total buildcosts

Area ofDeficiency

Londoners’ Accessto NatureImplementationReport

1% chargebased on

NotApplicable

Anydevelopment

AllImprovementswithin Appropriate

Sites of LocalImportance for

total buildcosts

within 500metres of Site

Sites ManagementPlan

NatureConservation

of LocalImportance forNatureConservation

£50 perresidentialunit

NotApplicable

Anydevelopment

Residential(C3)

Actions withinBiodiversity ActionPlan within same

BiodiversityAction Plan

ward asdevelopment

1% chargebased on

NotApplicable

Anydevelopment

AllBentley Priory SiteManagement PlanSite of Special

ScientificInterest -Bentley Priory

total buildcosts

within 500metres ofBentley Priory

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Planning Obligation Calculation - Summary Table 2