Report to Area Panel re Section 106 Planning Gain Review of Wish List

Sharrow/Nether Edge/Broomhill Area Panel

S106 Planning Gain Allocation

Purpose of Report

To inform Members of existing and planned allocations of funding stemming from S106 agreements impacting on the Sharrow/Nether Edge/Broomhill Area

Background

When a developer builds new housing national planning policy guidance (PPG3 and 17) allows a local planning authority to secure on-site and/or off-site recreational facilities. If there is a need for new open space or improvements, the developer is obliged to either provide new open space or contribute money to improve existing, nearby open space. More details of these arrangements can be found in Sheffield’s Unitary Development Plan (UDP), policy H16 and the Supplementary Planning Guidance (SPG) ‘Open Space Provision in New Housing Development’.

· Under the UDP and SPG, the following criteria apply –The money must be spent in accordance with the legal agreement between the developer and the City Council (this is known as a Section 106 Agreement).

· The money is usually required for children’s play facilities, outdoor sport facilities and/or informal open space.

· Normally, the legal agreement relates to existing open space within the catchment of the new housing (400 metres for play and informal open space; 1200 metres for sport).

· The site must meet the recreational needs of the residents of the new housing. Any other community benefits are incidental.

· The money is for enhancing the open space, that is capital expenditure (to 80%), contribution to project fees (to 8%) and maintenance for the first five years (to 12%). The money is not to be used for general maintenance or repairs.

· The amount of money payable is calculated using a formula detailed in the SPG and is based on the number of bedrooms on the new housing scheme and whether the catchment area is deficient in open space provision, or existing open space requires enhancement. (see appendix 1)

· Capital works should be started within two years of the completion of the housing development, unless, as in certain cases, a communal fund is being accumulated .

· The money can sometimes be used as match funding to lever in other kinds of finance.

Significant amounts of finance can be made available through this process and its impact within an area can be of considerable benefit to local people. It was therefore felt to be of great importance that local people contribute to the process of identifying community needs and opportunities to enhance public open space.

A protocol was developed in order that the views of local people would be integral to the decision making process around the formation of Section 106 agreements. In order for this structure to be in place the views of local people were sought. From this consultation a wish list was established of suitable sites which has informed the destination of funding from S106 agreements.

The following constitute some of the main issues arising from the consultation.

·        The real importance of green and open space within the Area where urban density is some of the highest in the City

·        The importance that local people attach to small sites (less than an acre) and the significance to daily lives

·        The wish to establish better linkage between the green and open spaces within the Area and the potential creation of green corridors

·        The need to develop better, more cohesive and sustainable strategy with major sites such as Mount Pleasant Park, The General Cemetery and Lowfields Open Space.

·        The lack of accessible and affordable sports facilities in the Area.

·        The willingness of several schools to open up their facilities to wider community use.

·        The potential role of planning gain in the opening up of the Rivers Sheaf and Porter

·        The poor condition of the majority of play areas and the desire for quality, safe provision expressed by many parents.

·        A need for some public open space in Broomhill

·        A wish that planning gain money might work in a more joined up and sustainable way. It should work with other potential finance that might be available in order to make a significant impact e.g. Sure Start

· The need to use space within the Housing estates more effectively and particularly play areas (following the good example on the Hanover).

The criteria used to identify suitable sites included:

· Improvements to sites that can be shown to be sustainable.

· Improvements that can, as a result, clearly identify an increase in use by local people.

· Sites that have an ownership by the local community and have the potential to be part of the community’s asset base.

· Sites where planning gain money can act as a lever for further finance as part of a funding package.

· Sites that fit into a sports strategy for the Area

· Improvements that are innovative e.g. play provision. They should also work with the grain of other local initiatives such as Sharrow Sure Start.

There are also a number of other issues that were considered such as the relationship with Parks strategy or ownership of certain plots of land

Outcome

The table attached (appendix 1) indicates where S106 funding has been or is proposed to be spent within the Panels area and also in adjacent areas.

Since this report was tabled last year there have been a number of developments based on the findings of the consultation. These include:

Allocation to Staveley Rd. Community Garden from adjoining developments which acts as a match to a successful Lottery Bid of £25,000
Completion of Chelsea Park improvements
A new playground in Mount Pleasant Park with majority funding from Sure Start
New benches along Washington Rd. open space
New benches, handrails and planting at Manchester Rd./Fulwood Rd. Junction
Proposals for the River Sheaf
Transformation of Lynwood Gardens

There continue to be significant developments in the Area with the possibility of further planning gain funding being allocated.

There are parts of the area that are limited in open space for development which has meant that we have had to examine more imaginative ways of allocating finance. The proposal to spend a small amount of money on the enhancement of Trees in the Nether edge Area is a case in point as is the commitment to the development of small areas of green and open space.

Recommendations

That Members note the report

D Whitfield

Area Co-ordinator

Broomhill, Central and Nether Edge

27 April 2004

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