Appendix 2

TLR9 OPEN SPACE PROVISION IN NEW RESIDENTIAL DEVELOPMENTS

WHEN GRANTING PLANNING PERMISSION FOR NEW RESIDENTIAL DEVELOPMENT. THE COUNCIL WILL REQUIRE DEVELOPERS TO PROVIDE OPEN SPACE FOR THE NEW RESIDENTS TO A MINIMUM STANDARD OF 2.43 HECTARES FOR 1000 PERSONS, WITH INCLUDING WHERE APPROPRIATE, SUITABLY LOCATED FACILITIES FOR CHILDREN’S PLAY.

DEVELOPERS WILL BE REQUIRED TO SATISFY THE COUNCIL THAT ARRAIGNMENTS HAVE BEEN MADE WHEREBY THE OPEN SPACE PROVIDED WITHIN THE DEVELOPMENT WILL BE PERMANENTLY MAINTAINED.

FOR DEVELOPMENTS OF BETWEEN 5 - 20 DWELLINGS, WHERE IT MAY NOT BE REASONABLE TO EXPECT THE DEVELOPER TO PROVIDE THE OPEN SPACE WITHIN THE DEVELOPMENT SITE, THE COUNCIL WILL REQUIRE ACCEPT AS AN ALTERNATIVE, A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 FOR A COMMUTED PAYMENT FROM THE DEVELOPER TOWARDS IMPROVEMENTS TO AN EXISTING OPEN SPACE.

THE COUNCIL WILL NOT REQUIRE OPEN SPACE TO BE PROVIDED FOR NEW RESIDENTIAL DEVELOPMENTS WITHIN THE RIVER LOOP.

Reasoned Justification

The standard above is designed to ensure all new residential developments include an adequate provision of open space for formal and informal recreation purposes. The term "open space" is used in this policy to mean outdoor playing spaces for recreational uses and children’s play spaces and facilities. Open spaces have amenity value through retaining Green Space and wherever possible linking open spaces with each other and the open countryside however, these open spaces are intended to be functional. Therefore this standard is not intended to include any open space adjacent to a highway to allow adequate visibility for road users, to landscape boundaries, or land to accommodate services.

The standard calculation for open space is as follows:

Size of proposed development (dwellings) X Average Household Size = Population

Population = Open Space Quota

1000

2.43 hectares X Open Space Quota = Open Space Requirement

Average household size for the borough is 2.47 persons (1991 Census).

The Council will require the provision of open space which should satisfy the following needs according to the mix of housing types in the development:

Youth and adult provision to comprise 65 % of the open space required.

Children’s play spaces to comprise 35% of the open space required.

Children’s play spaces comprising 35% of the open space requirement shall include both informal spaces for play (22%) and equipped play spaces (13%). Equipped play spaces shall be provided either as junior play spaces for children up to 8 years which ideally should comprise up to 5 pieces of equipment or senior play spaces for children from 8 to 14 years which ideally should comprise up to 8 pieces of play equipment. The minimum size of development for these equipped play spaces will be:

Junior play spaces - developments with 55 dwellings or more

Senior play spaces - developments with 140 dwellings or more

As with all open spaces in new residential development, children’s play areas should be located far enough away from houses to reduce the likelihood of general disturbance and noise. These areas should be designed to be secure and safe, incorporating play equipment of a suitable standard to prevent entry by dogs, and be accessible by foot or cycle via traffic free or traffic calmed routes. It is also important that open spaces are appropriately located within the development to ensure that they are easily accessible and visible from houses to improve security.

Areas of open space should be designed to provide usable play space whilst retaining as many of the existing natural features as possible and maximising the benefits to wildlife. The Council will encourage schemes for landscaping of open space which seek to enhance the wildlife potential of the area through its use of native species, creation of water features etc.

It is acknowledged that for development of 5 - 20 dwellings it may not be possible for a developer to incorporate the required level of open space provision. In which case the Council will expect the developer to enter into a planning obligation to commute a sum of money, agreed by the Council. The Council will use this money to make new provision in the locality or to improve existing facilities in the vicinity of the site.

To ensure that these new areas are appropriately maintained the Council will expect developers providing open space to make adequate provision for its future maintenance. The Council may accept responsibility for maintenance if it is paid a sum of money which is sufficient to cover the cost of ten years maintenance of the open space provided .To assume responsibility for maintenance the Council will require a planning obligation under section 106 of the Town and Country Planning Act 1990, alternatively the developer should enter into a private management agreement to ensure the land will be maintained.

The Council will not require open space to be provided for new residential developments within the River Loop. It is accepted that land is at a premium within the River Loop, and that development will mainly occur through building conversions, and there will rarely be sufficient land within the development site to enable open space to be provided. In addition, residents within the River Loop are adequately catered for by the open space and recreational facilities within The Quarry.