Agenda item

Councillor A. Kent as Portfolio Holder for Planning and Regulatory Services presented the report and advised that this was a “hot topic” which had been raised on a number of occasions over the last few months.  He highlighted a number of areas within the report; including that it was important to note that a developer was not obliged to consider passing the open space or play area provision to the Local Authority.  If agreed, a letter would be sent to Central Government raising the Council’s concerns as detailed in the report.

The recommendations were proposed by Councillor Kent and seconded by Councillor P. Thomas.

Following presentation of the report the following areas were discussed in more detail:

·         The report was a move in the right direction, however it was highlighted that a developer was able to move a play area/open space within a development after agreement had been reached.  An example of this was provided at a site in Cofton Hackett.

·         This was a national problem and that the management companies appointed often increased the charge for maintaining the area significantly.

·         Members were thanked for taking the matter seriously and bringing forward the report.

·         The inclusion of the matter within a review of supplementary planning guidance.

A suggested additional recommendation was put forward by Councillor C. Hotham and seconded by Councillor S. Baxter, in respect of when the Council was approached for searches and the inclusion of information about open spaces within the site and the use of a management company.  The aim wold be to make the information more accessible.  Following discussion, Councillor Kent agreed to investigate this going forward and suggested that as things progress the matter could come back to Council if necessary.  Following this discussion Councillor Hotham agreed to withdraw his amendment.

Councillor Kent reiterated the need for a change in legislation to address a number of areas and that he was happy for the matter to be discussed at the Strategic Planning Steering Group in more detail and if necessary a further report to be brought before Council as matters progressed. 

RESOLVED:

a)         that Officers continue to consider applications on a case by case basis and agree where appropriate as a preferred option, off site provision thereby enhancing already existing facilities and what strategically is appropriate for adoption be approved;

b)         that where it is not possible to agree that there will be a presumption that the Council will adopt land where it meets the adoptable standard as agreed by the Council.  That the Developer does all agreed works prior to handover, and that an acceptable commuted sum for the long term maintenance is agreed and paid to the Council be approved;

c)         that as part of a review of the relevant Supplementary Planning Guidance, Officers are tasked with the development of an open space adoptions and S106 policy. To incorporate standards and a cost calculator to enable a more standardised calculation to be achieved be approved; and 

d)        that the situation nationally with regard to open space provision and the need to exercise the Council’s role as community leader in writing to the Government to express its concern on behalf of its residents and to encourage a more regulated environment to be established in order that residents be safeguarded in situations where a developer chooses to retain these responsibilities be noted and approved.