Replacement Calderdale UDP : Adopted 25 August 2006 (as amended August 2009)

Replacement Calderdale UDP : Adopted 25 August 2006

• Foreword
• 1 Introduction
• 2 Calderdale in Context
• Strategic and Core Part One Policies
• 3 Guiding Principles and Key Themes
• 4 Employment, The Economy, Tourism and Regeneration
• 5 Housing
• 6 Retailing and Town Centres
• 7 Open Space, Sport and Recreation Facilities
• 8 The Built and Historic Environment
• 9 Transport
• 10 Infrastructure, Education and Community Facilities
  • Introduction
  • Infrastructure and Facilities Necessitated by New Development
  • The Strategic Framework for Community Facilities Planning
  • Education
  • Village Shops, Post Offices, Public Houses and Hotels
  • Cemeteries
  • Social Services and Health Infrastructure
  • HM Prison Service
  • Major Leisure Uses and Urban Entertainment Facilities
• 11 Natural Environment and the Countryside
• 12 Environmental Protection
• 13 Minerals
• 14 Waste Management
• 15 Monitoring and Review of the Plan
• Annex A Privacy, Daylighting and Amenity Space
• Annex B Trees On or Adjacent to Development Sites
• Appendix 1 National Planning Policy
• Appendix 2 National Minerals Policy
• Appendix 3 Supporting Published Documents
• Appendix 4 Glossary of Terms
• Appendix 5 Acronyms and Abbreviations
• Appendix 6 Policy Topic Index
• Appendix 7 Policy Number Comparison
• Appendix 8 Supplementary Maps

Infrastructure and Facilities Necessitated by New Development

10.2 Some developments place significant 'costs' on the local community, which must be taken into account when determining any planning application. Under the Planning and Compulsory Purchase Act (2004) the Council has the right to seek to enter into negotiations to seek agreement to ameliorate these 'costs' and rectify problems that may have otherwise led to the refusal of the planning application. In negotiating with applicants, the Council may seek modifications or improvements to applications or enter into agreements to overcome planning objections or meet the 'costs' to the community imposed by the development. The provision of any facilities or works that are regarded as necessary to cater for the needs generated by a development should be related to the needs in the local area, rather than across the District and should be timed to meet the demand generated by the development. ODPM Circular 05/05 ‘Planning Obligations’ sets out the framework for the use of planning obligations.

10.3 There are a number of situations where the Council will enter into negotiations with developers in order to ensure that the costs of the development imposed on the community are borne by the developer as follows:-

• educational provision: where nearby or local schools are unable to cater for children arising from a new housing development;
• road infrastructure: where local highways need changes such as junction improvements or traffic signals to facilitate access, reduce congestion or improve traffic flow in connection with the development;
• contributions to public transport or other modes of transport, (including cycling and walking) which will assist in ensuring the development is well served by alternative modes of transport giving opportunities for noncar-borne travel;
• open space provision: where there is a need to develop open space in association with new development, particularly housing, in order to provide adequate leisure, recreation and amenity facilities to ensure a high quality development;
• other infrastructure: including sewerage, flood prevention, drainage or utilities: where the infrastructure is inadequate to support the additional demands placed upon the system by the new development; and
• nature conservation provision: where there is a need to provide new wildlife habitats or enhance the existing nature conservation value.

10.4 During negotiations it will become clear whether the matter can be resolved by the use of conditions or 'Grampian Conditions', or by planning obligation/agreement.

10.5 Planning obligations or conditions can be used to ensure that facilities or infrastructure are put in place before the development makes a demand upon it, and can also be used to phase development to enable infrastructure to be provided alongside new building. The infrastructure or facilities may be either provided directly by the developers or through the use of commuted payments by the Council or other party. Commuted payments will normally be the case in respect of educational requirements.

10.6 ODPM Circular 05/2005 'Planning Obligations' states that a planning obligation must be:

1. relevant to planning;
2. necessary to make the proposed development acceptable in planning terms;
3. directly related to the proposed development;
4. fairly and reasonably related in scale and kind to the proposed developments; and
5. reasonable in all other respects;

10.7 In order for Planning Obligations to be acceptable the Secretary of State requires that they are only sought where they meet all of the tests set out above. In addition the Council considers that developers should not be expected to remedy existing deficiencies, only those relating to their development. Planning obligations can be used for a number of different purposes such as:

1. prescribing the nature of the development to achieve planning objectives; (examples of this type of obligation would be for the provision of affordable housing);
2. mitigating the impact of a development; (examples of this type of obligation would be for inadequate access, highway infrastructure, public transport, or community infrastructure such as school classrooms); or
3. compensating for the loss or damage caused by a development; (examples of this type of obligation may relate to the replacement of a biodiversity habitat, open space, loss of an employment site or right of way.

Supplementary Planning Documents (SPDs) providing guidance for planning obligations relating to 'Affordable Housing', 'Open Space', and 'Developer Contributions Towards Meeting Education Needs' are in preparation. Other matters which may require a specific SPD on planning obligations will be developed as necessary in accordance with the Calderdale Local Development Scheme.

10.8 In order to provide a policy framework for these matters, the following Policy will apply:-

10.9 The statutory undertakers providing water, sewerage, gas, electricity or other services and facilities can have requirements for improved standards and services placed upon them by European and national legislation. It is important that, in the public interest, these undertakers are allowed to upgrade their facilities, but such development should not be at the expense of the local community or the environment. As a result mitigation of any adverse effects will be necessary to ensure the environmental or community effects are acceptable.

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