Improving the well-being of the people of the South Hams
Parish/Town Open Space, Sport Parish/Town Open Space, Sport and Recreation Plans and Recreation Plans Parish/Town Open Space, Sport and Recreation Plans
Agenda Agenda 1. Background to Open Space, Sport and Recreation (OSSR) Section 106s 2. Why a Parish/Town OSSR Plan? Links to Neighbourhood Plans 3. How s106 OSSR funds will be administered - SHDC, Parish/Town Council role 4. Introduction to the Parish/Town OSSR Plan template 5. Funding sources, consultation, project development/support – Active Devon 6. Questions Agenda
1. What is a s106? 1. What is a s106? � Legal agreement between LA and developer, and/or landowner � Linked to planning permissions � Where a contribution is necessary to make a development acceptable in planning terms � Aim to mitigate pressures/impacts on local infrastructure � Typically off-site financial contribution � Varies site by site and according to viability 1. Background to OSSR and s106
What might a s106 cover? What might a s106 cover? � Highways – DCC – Roads, footpath improvements, green travel � Education – DCC – Contributions to new/growing schools � Affordable Housing – SHDC � OSSR – SHDC – Playing pitches, play areas, open space, recreation 1. Background to OSSR and s106
OSSR and s106 OSSR and s106 � In accordance with: – SHDC Core Strategy (2006) policy CS8 – SHDC Development Plan Policies DPD (2010) policy DP8 1. Background to OSSR and s106
OSSR and s106 OSSR and s106 � SHDC OSSR Supplementary Planning Document (2006) – Evidence (strategies and plans) – Standards � Pitches, play areas, open space – Calculating requirements � Number of occupiers � On/off-site and thresholds � Contributions per occupier – £595 playing pitches – £380 play areas 1. Background to OSSR and s106
CIL regulations 2012 CIL regulations 2012 Constraints on collection and use of funds: � Necessary to make the development acceptable in planning terms; � Directly related to the development; and � Fairly and reasonably related in scale and kind to the development. 1. Background to OSSR and s106
Pre-2015 Pre-2015 � Generic definitions: - ‘Contribution towards provision of open space, sport and recreation facilities within the vicinity of the land/parish of XXXX/District’ - Questionable under CIL regulations and challengeable 1. Background to OSSR and s106
April 2015 April 2015 � April 2015 changes to legislation: – Only five s106 agreements can be pooled towards same infrastructure project – Applies to s106 agreements signed since March 2010 – Required review of previous s106 generic clauses 1. Background to OSSR and s106
Post April 2015 Post April 2015 � Any request for OSSR s106 must: – Have a clear policy basis – Evidence the need (strategies or local) – Be site specific – relating to need of the new residents – Be reasonable – existing deficiency/future demand – Be for a named project/site and not pooled – Each s106 request now scrutinised by applicant � Reasonableness of calculations/request � Robustness of evidence base � CIL Regs compliancy 1. Background to OSSR and s106
Review Review � Following April 2015 pooling changes: – Officers reviewed all s106 agreements – Named projects linked to s106s, where there was a clear local project to benefit – Where several local project then proposed a Parish/Town OSSR Plan to identify and prioritise projects – Report taken to SHDC Executive Committee in September to agree approach 1. Background to OSSR and s106
Why a Parish/Town OSSR Plan? Why a Parish/Town OSSR Plan? � 2 main purposes: – Identify all projects and prioritise for receipt of existing s106 funds – Identify and prioritise projects to inform requests for future s106 funds 2. Why a Parish/Town OSSR Plan?
Another plan?!!! Another plan?!!! � No statutory weight, not a material consideration � But, could be used as ‘evidence’ or ‘information’ by planning officers/consultees � Potential to add weight by : – Including policy referring to OSSR Plan within a Neighbourhood Plan – Including in appendix of Neighbourhood Plan – Keeping up to date – Ensuring robustness (with an eye to CIL regs) 2. Why a Parish/Town OSSR Plan?
South Hams Playing Pitch South Hams Playing Pitch Strategy (2015) Strategy (2015) � Robust � Up to date � Compliant – National Governing Bodies – Sport England – NPPF � Updates evidence base to implement policies in Core Strategy, DPD and SPD � Covers football, rugby, cricket, hockey 2. South Hams Playing Pitch Strategy (2015)
3. Administration of funds 3. Administration of funds � SHDC are signatory to the s106 � Funds have a trigger/s for payment � Paid from developer to SHDC � Funds have a clawback clause 3. Administration of funds
Are funds in the bank? Are funds in the bank? � Most s106 funds not yet received � Minority have been received � Some are years away � Some will not be received at all 3. Administration of funds
What does SHDC need to What does SHDC need to do? do? � Ensure funds are spent on projects that meet requirement of s106 agreement, CIL regs, and are not pooled, etc � Support writing of robust OSSR Plans � Encourage Parish/Towns/groups to seek match funding to maximise benefit of s106 funds � Talk to Parish/Town Councils – both in short term (pre- OSSR plans) and after to ensure the right projects are named in s106 agreements 3. Administration of funds
What can the Parish/Town What can the Parish/Town do? do? � Monitor progress of development – has a trigger for payment been reached � Write a Parish/Town OSSR Plan � Work with SHDC officers to ensure the right projects are named within the s106 3. Administration of funds
Delivery Delivery � ‘Preferably’ a project is identified in a Parish/Town Plan: – SHDC offer grant to the Parish/Town Council/other group – Offer made with appropriate terms and conditions � Potential for SHDC officers to develop and deliver projects, but: – Limited by available time and capacity – Do not have same level of local knowledge to enable most effective consultation – SHDC do not have access to the same range of match funding sources 3. Administration of funds
4. Introduction to the 4. Introduction to the Parish/Town OSSR template Parish/Town OSSR template 1. Aim 2. Introduction 3. Existing evidence base 4. Current facilities – quantity, quality, access shortfalls 5. Existing teams/activities 6. Projects – improved/new facilities 7. Priority list 8. Review � Consultation 4. Parish/Town OSSR template
5. Funding sources 5. Funding sources � Sport England: http://www.sportengland.org/funding � Inspired Facilities � Small Grants � Protected Playing Fields � Devon Community Foundation: http://devoncf.com/ � https://new.devon.gov.uk/fundingnews/ 5. Funding sources, consultation, project development/support
5. Consultation 5. Consultation Could include: Letters to residents Drop In Sessions Online questionnaire (Survey Monkey) Family fun day or fete/community event Regular bulletin or newsletter Posters in shops and community centres Attend sports club meetings Targeted consultation/meetings with user groups, clubs and residents groups. Social media campaign 5. Funding sources, consultation, project development/support
5. Project development/support 5. Project development/support Open Space Strategy & Action Plan Know where you are now What do you need and by when? How are you going to get there? Who is going to help you? How much will it cost? Advice Local Authority colleagues, Active Devon colleagues Sport England: http://www.sportengland.org/facilities-planning/ Sports National Governing Body officers: https://www.sportengland.org/our-work/national-work/national-governing- bodies/sports-that-we-recognise/ http://www.playengland.org.uk/resources.aspx 5. Funding sources, consultation, project development/support
6. 6. Questions? Questions? 6. Questions
Contacts Contacts � Rob Sekula – Rob.Sekula@swdevon.gov.uk Specialist (Parks and greenspace) – Assets � Alexis Huggins - alexis.huggins@southhams.gov.uk Green Infrastructure Coordinator � Jon Parkinson – Jon.Parkinson@swdevon.gov.uk Specialist (Leisure) – Assets � Karen Jones - karen.jones@devon.gov.uk Senior Development Manager – Active Devon Contacts
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