Proposed Submission Local Plan 2006-2028

Site Specific Mitigation

11.12 Contributions for site specific mitigations will be sought through a S106 agreement. This will be necessary where it has been proven that the new development increases local needs. The provision of open space, outdoor playing space and sports, cultural and community facilities may be required on-site or may form part of a contribution towards off-site provision of either new or improved facilities. The requirement for an off-site contribution may arise because of the following:

  • The size, layout and topography of the development;
  • There may be other opportunities within the appropriate distance of the site which could better meet the needs of the development.

11.13 Provisions for future maintenance can be sought towards such provision to ensure the continued availability of the open space, equipped play space, youth facilities and playing pitches and changing rooms. Planning Obligations can include maintenance payments towards the provision of facilities that are predominately for the benefit of the users of the associated development.

11.14 The provision of on-site (or contribution towards off-site) play and youth facilities, playing pitches and changing facilities, public open space and landscaped areas will require developers to agree the future management of this space with the Council. This will normally be by adoption by the Local Authority, Town or Parish Council or through a management company set up by the developer. The Council will need to be satisfied that any management company is suitably financed. The former will require an initial landscape maintenance plan to be implemented prior to adoption, with a commuted sum paid to the local planning authority to cover maintenance for the 10 years following adoption. The latter will require a formal management plan, including timescale for adoption and maintenance schedule, to be agreed as part of a Section 106 planning obligation.

11.15 In areas of particular sensitivity, it is recognised that there is a role for open space provision in alleviating pressure on existing natural areas. This is particularly the case at Langport/Huish Episcopi, where more open space provision for activities such as dog walking can alleviate pressures on Somerset Moors and Levels sites, given their close proximity.