Schedule 3 - Education The provision of a contribution towards the enhancement/provision of education facilities within the area. Contributions would be used to enhance and improve facilities at any of the following catchment area schools Chawson First School, St Peters CE First School, Shared Westacre/Witton Middle School and Droitwich Spa High School. This is based upon the following formula:- £1,514 per 2 bed house £1,514 per 3 bed house £2,271 per 4 and 4+ bed house £606 per 2 and 2+ bed flat No charge is made for 1 bed houses or flats or the affordable housing. Schedules 4 and 5 – Highways The provision of contributions towards measures to enhance the existing highway network and to promote non-car travel to and from the site. The contributions can be into the following sections: a contribution towards Worcestershire Transport Strategy projects, a figure of £207,529.45; and a contribution towards enhancing public transport connections to the site, a figure of £282,000; Schedule 6 – Formal Sports and Leisure The s106 agreement sets out in the definition of “Formal Off Site Built Sports and Leisure Facilities” the method by which any off site contribution it is calculated. An off site contribution would only be required if the on site provision was insufficient. Any off site contribution (relating to any shortfall in on site provision) would be spent on the provision enhancement and/or improvement of facilities at Droitwich Leisure Centre.
Schedule 9 - Recycling The provision of a contribution of £37.80 per dwelling to facilitate waste and recycling collections from the proposed development. This money will be spent on the provision of a recycling bin to each individual residential property on the development. The calculation of £37.80 covers the cost of the Council providing the bins themselves. The following table explains how the above planning obligations comply with the three tests set out in paragraph 204 of the Framework: Planning Obligation Test 1 – necessity Test 2 – directly related to the proposed development Test 3 – fair and reasonable in terms of scale and kind 1. Provision of affordable housing The provision of affordable housing is required for the proposal to comply with the provisions of WDLP saved policy COM2 (see Appendix 3). Without a planning obligation securing the provision of an adequate proportion and mix of affordable housing the proposed would fail to meet the housing needs of the district and area in general and therefore be contrary to The provision of affordable housing as a proportion of the housing proposed means the obligation is directly related to the proposed development. The level of affordable housing proposed is above that advocated in WDLP saved Policy COM2 which looks for up to 30%. However the level proposed is that which is advocated in SWDP Policy SWDP15 (see appendix 3) that seeks 40% affordable units. The provision of 40% affordable housing is therefore considered fair and reasonable as the proportion advocated under emerging development policies.
the provisions of paragraph 50 of the Framework. See Appendix 3 for Housing Needs Assessment - Droitwich 2. Contribution towards enhanced cycling opportunities It is important to ensure that measures are in place to promote and maximise sustainable modes of transport and ensure the proposed development minimises the need to travel by car. The Council’s SPG dated November 2003 (see Appendix 2) promotes cycling by creating a comprehensive cycle network of safe and attractive routes. Failure to provide the contribution would result in the site not being connected effectively to Droitwich The s106 contribution would help to fund area wide signage and improvements to Newland Road – see full written justification in Appendix 2 The estimated cost of the works to Newland Road is £90,000. See detailed costing schedule in Appendix 2. The s106 contribution is based on £335 per property which equates to £88,775 which is in fact below the estimated cost of the works and therefore is considered fair and reasonable 3. Contribution towards off-site education facilities The provision of up to 265 dwellings will result extra demands being placed on the local schools. Worcestershire County The planning obligation and need to provide/enhance local school facilities in Worcestershire is directly related to the increase in population as a consequence of The levels of contribution are suggested by Worcestershire County Council Officers. The figure per unit varies depending upon the size of the
Council has the responsibility of accommodating residents of the proposed development in schools. Comments from the County Council officer have been included as attachments to the appeal questionnaire. Further comments in support of this planning obligation are included as part of this statement. Failure to provide the contributions would result in the proposed development creating school capacity problems. Without the proposed contribution, the proposed development have an unacceptable impact on the community and potentially lead to the need for pupils to travel further to access education the proposed development. unit proposed and therefore the likely occupation of residents of school age. As explained in the Developers Contributions for Education Facilities SPD (see Appendix 6), the level of contribution requested depends upon a building cost multiplier, pupil yield, number year groups in each phase of schooling and size of units proposed. The comments from Michael Martin-White of Worcestershire County Council are also attached at Appendix 6 and provide further explanation.
modes of travel It is also crucial to ensure that the traffic associated with the proposed development can be accommodated safely and adequately on the existing highway network. Without the proposed obligations the proposed development would fail to meet the objectives of sustainable development and to meet the requirements of WDLP saved policies GD3 (see Appendix 1) and SR5 (see Appendix 2). the proposed development. The proposed bus service will serve the proposed development and is therefore directly related to it. A Technical Note from Worcestershire County Council Highways dated 21 January 2014 provides background to the Worcestershire Transport Strategy and the type of projects that contributions will be funded through planning obligations. Some of these projects are major schemes that all development proposals of a certain size in the county are expected to pay towards. Others are more local and generalised. By virtue of its scale, the proposed development will have an impact on travel within the county and therefore the development is directly related to the WTS projects. Holloway, Transport Planning and Review Officer at Worcestershire County Council (WCC) to Neil Pearce dated 16th January 2014 Similarly, the sum of £207529.45 suggested for the Worcester Transport Strategy has also been agreed with the appellants. See Technical Note by WCC dated 21st January 2014 at Appendix 7 The County Council Highway Officers have been asked to provide further explanation as to how the level of contribution has been calculated and will address the Inquiry at the appropriate time.
obligation is therefore in accordance with this guidance. Without the proposed facility and the planning obligation residents would need to travel further afield to access sports and leisure facilities. For these reasons the planning obligation is deemed necessary in order to meet the requirements of WDLP saved policy GD3 (see Appendix 1). 7. Contribution towards the maintenance of On-site Public Open Space The proposal includes extensive areas of on-site public open space, strategy landscaping areas, childrens play areas and SUD’s areas. The provision of these are required in order to make the development acceptable in planning and landscape terms in The financial contribution/commuted sum will be calculated based on the precise nature and quantum of on-site provision so that it is directly related to the proposed development. A detailed breakdown of figures for each of the maintenance components of the on-site open has been provided and is considered to be fair and reasonable. The amounts are based on the Council’s current Ground Maintenance Contract. This was the subject to a full OJEU procurement process