7.0   COMMUTED SUMS IN LIEU OF OPEN SPACE PROVISION

7.1   In some instances a developer may offer the Borough Council a commuted sum in lieu of recreational open space provision, either where the space cannot be accommodated within a small development of 5-20 dwellings or where there is already a suitable open space in the vicinity of the site that would benefit from improvements to the land and facilities. As the Borough Council does not currently have a programme for the provision of new areas of recreational open space, any money raised through this policy will only be used to improve existing play spaces. For example, providing additional or new play equipment, providing goal posts on appropriate areas of currently informal open space etc.

7.2   The sum requested will be based upon the pro rata costs of providing the appropriate recreational area, based on the number of houses being proposed. The appropriate sum will be calculated by considering the cost of laying out the open space and providing the necessary equipment.

7.3 Due to the need for a Toddlers Play Area (LAP) to be located very close to homes, the Council will not encourage the use of commuted payment in lieu of provision but where this is necessary a figure of £467 per dwelling will be used. Further, the early indications are that there is a significant under provision of such areas and it would therefore be difficult for developers to demonstrate that a suitable facility existed close to the site.

7.4 Whilst the preference will be for Junior Play Area (LEAP), as required for developments of 55 dwellings or more, to be provided on site, it is accepted that there may be instances where this is inappropriate, or where there is an under utilised area within 400 metres of the site. In these cases the Council may wish to accept a commuted payment of £362 per dwelling in lieu of on site provision.

7.5 Similarly, in the case of Senior Play Areas (NEAP) there are likely to be situations where on site provision is not appropriate. In such cases the Council may wish to accept a commuted payment of £298 per dwelling.

7.6 The figures set out above are based on costs in 2000, these figures will be reviewed by the Council annually to ensure that they take account of annual inflation levels. Developers are advised to contact Development Control Services to confirm the relevant payments that would be required.

7.7 Commuted payments should not be considered as an alternative to on site provision unless there are convincing reasons why such provision would not be appropriate. The most likely reason would be that an existing area was available within a suitable distance (see details on different types of open space) of the development, in an area where there was an over provision in that type of recreational open space. Further commuted payments are only likely to be acceptable in lieu of one or other (or part thereof) element of the open space provision, not as a total substitute.

7.8 To enable the Council to secure any commuted sums, developers would need to enter into a planning obligation under section 106 of the Town and County Planning Act 1990. The Borough Council will also need to ensure that any funds raised through such agreements are directed only to those recreational spaces likely to be used by the residents of the new development i.e. they should be easily accessible on foot from the new development. The Council accepts that there may be cases where there is no suitable existing site with easy access, in which case commuted sums would not be appropriate. In such cases every attempt should be made to accommodate some open space within the development. In addition, if after 5 years the Borough Council has failed to utilise any money raised as a result of this policy, the Section 106 agreement should allow for the return of the money after this period has elapsed.

7.9 The Borough Council will not use money raised in this manner to cover day to day maintenance costs of existing open spaces, this will remain the responsibility of the Borough Council.