2 Introduction

2.1 This Supplementary Planning Document (SPD) has been prepared under the requirements of the Planning and Compulsory Purchase Act 2004. It provides advice to developers regarding the procedures that the Council will follow in implementing policies within the Adopted Replacement Calderdale Unitary Development Plan (RCUDP).It contains detailed guidance on open space, sport and recreation provision and expands on the policies in the UDP and is a material consideration in the determination of planning applications.It provides practical and technical guidance to supplement development plan policies aimed at ensuring that new developments, which generate additional demand for recreational open space, contribute towards the provision, improvement and maintenance of open space, recreation and sports facilities capable of serving those developments.

2.2 Under the terms of Government Circular 05/2005, Councils can seek to negotiate a contribution from developers towards the costs of meeting the infrastructure necessary to support their development, including the provision of open space and recreation facilities either on or off-site where determined as being necessary, for example in areas of deficiency. This is further supported by Policy GCF1 of the RCUDP (see Appendix 2) relating to infrastructure and other needs arising from development. This SPD sets out the circumstances where the Council will seek to impose planning conditions or enter into agreement with developers to meet the open space and recreation facility needs of an area.

2.3 The SPD includes background information in respect of local standards of provision and need for contributions. The SPD also explains how the contributions will be calculated and their financial extent. All new residential developments and larger employment uses will be required to contribute either physically or financially, or both to the provision and/or enhancement of open space and/or built sport and recreational facilities.

2.4 Planning Policy Guidance Note 17 'Planning for Open Space, Sport and Recreation' (2002) requires councils to undertake robust assessments of open needs of their communities in order to establish local standards. On recent completion of the Open Space, Sport and Recreation Strategy and Action Plan (2007), which is a Borough-wide open space survey assessment, it has come to light that certain parts of Calderdale are under-provided for in terms of access to open space and recreation facilities. As a result it is considered appropriate to ask developers to contribute to the provision of open space, sport and recreation facilities where new demand is created; assist in the provision of new/upgraded facilities in areas, which are lacking; and to contribute to the enhancement of existing open space.

2.5 The Replacement Calderdale Unitary Development Plan adopted in 2006, sets out policies (see Appendix 2) for the provision of community facilities in relation to new development including open space and recreation/sports facilities. Meeting the standards for open space and recreation provision and achieving a satisfactory distribution within Calderdale are long-term objectives. National research has shown the importance of good quality public open space, sport and recreation facilities to the sustainability of communities. The cumulative impact of new residential development, both large and small, will further compound deficiencies in recreational facilities provision by generating additional demand, which puts increasing pressure on existing facilities. Open space and built facilities are required to be provided with all new housing developments and larger employment development, either on or off-site. Properly designed, landscaped areas of formal and informal recreational open space (incorporating children's play areas and associated equipment where appropriate) should be an integral part of the design of new housing schemes. The provision of these facilities should not just be seen as an exercise in meeting standards. It is important that new open space is both usable, safe and integrated within the scheme as a part of a cohesive landscape structure. New housing developments will be expected to provide and maintain recreational open space to at least the Council's minimum standard.

2.6 The purpose of the SPD is to translate the needs assessment of the Open Space, Sport and Recreation Strategy and Action Plan (July 2006) into a document that enables developers to understand the open space requirements related to their developments. Section 106 of the Town and Country Planning Act 1990 as amended by the 1991 Act, (and later by the 2004 Planning and Compulsory Purchase Act) enables Calderdale MBC to negotiate a contribution from developers towards the cost of infrastructure necessary to support their developments. For open space this could mean:

  • imposing a planning condition for implementation if provision is to be on-site or

  • asking the developers for a contribution towards future site maintenance

  • or the costs of a new facility or

  • an extended existing off-site facility.

2.7 Where agreement relates to financial matters or off-site provision this may need to be implemented through a planning obligation (s106 agreement) if a planning condition is not considered appropriate or enforceable.

Sustainability Appraisal and Strategic Environmental Assessment

2.8 In accordance with the requirements of the Planning and Compulsory Purchase Act 2004, a Sustainability Appraisal (SA) has been undertaken for this SPD. This process ensures that sustainability considerations are taken into account in the production of the SPD and that the most sustainable options for development are selected. This involves giving consideration to the significant environmental, economic and social effects of plans including a formal assessment through Strategic Environmental Assessment (SEA) under the requirements of the EU Directive 2001/42/EC. The document is available on the Council's website www.calderdale.gov.uk.