Issue - meetings

Why has the recently-adopted Open Space Supplementary Planning Document (SPD) not made any reference to a requirement for a minimum separation distance between play areas and housing despite representations during the consultation on the draft policy that play areas were being built far too close to homes in new communities, in particular Cambourne, leading to numerous complaints received by the Parish Council, Housing Associations and Police from residents about the noise of children screaming and anti-social behaviour.

Councillor DH Morgan asked the New Communities Portfolio Holder the following question:

Why has the recently-adopted Open Space Supplementary Planning Document (SPD) not made any reference to a requirement for a minimum separation distance between play areas and housing despite representations during the consultation on the draft policy that play areas were being built far too close to homes in new communities, in particular Cambourne, leading to numerous complaints received by the Parish Council, Housing Associations and Police from residents about the noise of children screaming and anti-social behaviour?

Councillor Dr DR Bard, New Communities Portfolio Holder, advised that page 23 of the adopted Supplementary Planning Document set out a schedule of separation distances. Councillor Bard was aware of the issue in Cambourne, advising that staff were working with the parish council to address local concerns. He advised that, in all developments, a balance needed to be struck between the noise and disturbance caused to neighbouring properties by play areas in close proximity, and the dangers of bullying and other anti-social which were more likely to be undetected in isolated locations; in each case, however, consultation took place with the parish council and residents in order to resolve such issues at the planning stage.

By way of a supplementary question, Councillor Morgan requested that the Portfolio Holder ensure the Council maintained a robust position in negotiations with developers to ensure that minimum distances were complied with in respect of playgrounds. Referring to the Upper Cambourne site, Councillor Morgan reported that the anti-social behaviour taking place at the playground in question, located 30 metres from nearby houses, might have to be dealt with by measures such as the employment of security staff to lock it each night. Such measures carried substantial cost implications.

The Portfolio Holder reminded Councillor Morgan that the location of the play area referred to had not been imposed on the local area but agreed following consultation, which had included a meeting in Cambourne held on 15 August 2009.

Please could the Portfolio Holder comment on the progress in obtaining off-site contributions towards recreation and public open space since the Public Open Space Supplementary Planning Document was adopted in January 2009? 

Councillor RE Barrett asked the New Communities Portfolio Holder the following question:

Please could the Portfolio Holder comment on the progress in obtaining off-site contributions towards recreation and public open space since the Public Open Space Supplementary Planning Document was adopted in January 2009? 

Councillor Dr DR Bard, New Communities Portfolio Holder, advised that contributions of £168,649 had been received since the adoption of the Supplementary Planning Document (SPD) in January 2009. Developer contributions were sought at a typical level of £3,000 per three-bedroom dwelling, and were available to parish councils to fund specific local projects. The Portfolio Holder stated that he did not consider that parish councils were sufficiently aware of the scheme to have secured maximum benefit from it, before advising that he had undertaken to address this through regular updates to parish councils, the inclusion of a fact sheet within parish planning packs and an information item which he hoped to place on the agenda for the next meeting of the local association of parish councils.

Councillor Barrett thanked the Portfolio Holder for his answer, stating that he welcomed proposals to provide additional information on the scheme.

Members – would you like to learn more about the Open Space and Public Art Supplementary Planning Documents?  A member / officer briefing is proposed for Monday 1 June from 12 noon - 2pm.  The first hour will be for members and officers. We will do a short presentation on each and then take questions. The second hour will then be for officers only and provide an opportunity to ask more complex questions and discuss any issues.

Please let me know if that sounds ok, if you have other suggestions or think we need a better plan! We want to be a useful session. Please also let me know if there are any major problems with the date. I hope to book the Swansley Room.

Jane Thompson

Cultural Services Manager

Tel 01954 713348

The covering report and Appendix 1 are enclosed with the agenda. Appendices 2 to 9 relating to the individual Supplementary Planning Documents and the responses made to them are enclosed separately for Cabinet members. They can also be viewed as part of the agenda pack on the Council’s website, www.scambs.gov.uk 

Cabinet

AGREED

A)     To adopt the Supplementary Planning Documents (SPDs) relating to Development Affecting Conservation Areas, Open Spaces in New Development, Public Art, and Trees & Development Sites, as contained in Appendices 2, 4, 6 and 8 and proceed in accordance with Regulations 18 and 19 (for ease of reference, Appendix 1 lists the changes made to the draft SPDs following the consultation process);

B)    That no changes be made to the Sustainability Appraisals for each SPD and these can be published in their final form alongside the SPDs.

Councillor Dr DR Bard, New Communities Portfolio Holder, introduced this report which detailed the results of a public consultation exercise carried out on four Supplementary Planning Documents (SPDs) and sought approval for these documents to be formally adopted, where they will form part of the Local Development Framework and be used to help determine planning applications.

The Planning Policy Manager explained that the reference to the possible setting up of a Public Art Support Group in paragraph 17 related to the content of the consultation draft Public Art SPD. The recommendation was this Support Group should not be set up, relying instead on the views of the local communities where Public Art projects were being considered. It was noted that the appendices mentioned in paragraph 21 of the report should be 3, 5, 7 and 9 instead of 2 to 5 and the appendices in paragraph 32 a) should be 2, 4, 6 and 8 instead of 6 – 9.

Cabinet noted that guidance on mobile homes within Conservation Areas would be included in the revised version of the Cambridgeshire Design Guide, which would be published later this year.

Cabinet

AGREED

A)     To adopt the Supplementary Planning Documents (SPDs) relating to Development Affecting Conservation Areas, Open Spaces in New Development, Public Art, and Trees & Development Sites, as contained in Appendices 2, 4, 6 and 8 and proceed in accordance with Regulations 18 and 19 (for ease of reference, Appendix 1 lists the changes made to the draft SPDs following the consultation process);

B)    That no changes be made to the Sustainability Appraisals for each SPD and these be published in their final form alongside the SPDs.

·         Development Affecting Conservation Areas

·         Open Space in New Development

·         Public Art

·         Trees and Development Sites

Please note that a full set of the papers relating to the above are available in the Members’ lounge; they are also available on the Council’s website at www.scambs.gov.uk. Paper copies are also available on request from Democratic Services.

Cabinet DEFERRED this item. 

Councillor Dr DR Bard, New Communities Portfolio Holder, explained that as Cabinet were not prepared to agree all four of the Supplementary Planning Documents it would be more cost effective to defer this item, to avoid having to pay for separate publication costs.

Cabinet DEFERRED this item. 

The Portfolio Holder for Growth and Sustainable Communities AGREED

1. that, subject to the Corporate Manager (Planning and Sustainable Communities) making some small terminological modifications as discussed at the meeting, the following documents be published for consultation:

• Draft Public Art Supplementary Planning Document
• Draft Development Affecting Conservation Areas Supplementary
• Planning Document
• Draft Trees and Development Sites Supplementary Planning Document
• Final Sustainability Reports for each of these three SPDs
• Sustainability Appraisal Scoping Report Addendums, where produced, for these SPDs.

2. that consideration be given to the establishment of a Public Art Support Group.

The Growth and Sustainable Communities Portfolio Holder AGREED the following documents for consultation, subject to the minor textual amendments circulated at the joint Portfolio Holder meeting on 12 March 2008:

·                      Draft Open Space in New Developments Supplementary Planning Document;

·                      Final Sustainability Report; and

·                      Sustainability Appraisal Scoping Report Addendum.

(The documents can be viewed on the Council’s website.)

Decision taken and published on 12 March 2008; call-in expires 19 March 2008; decision can be implemented from 20 March 2008 if not called-in. 

The Portfolio Holder for Growth and Sustainable Communities considered a report seeking agreement to publish the draft Open Space in New Developments Supplementary Planning Document (SPD) for consultation.  They noted the following minor changes, made by officers at the meeting, to Appendix 1:

Paragraph 2.7

Paragraph 2.8

Paragraph 2.24 – second line to read, “…provision of on-site or off-site facilities that directly meet the needs of the…”

Paragraph 2.26 – to read, “…the Council will also require a Commuted Maintenance sum for 5 years for “pump priming” initial support for on-site and off-site provision where contributions are used to improve existing facilities or pooled (potentially with other sources of funding) to create new facilities.  These facilities are provided partly to meet the direct needs of the new community but will also cater for wider demand from existing communities.”

The Portfolio Holder for Growth and Sustainable Communities welcomed the introduction of a clear formula for calculating commuted sums but acknowledged the difficulty in establishing a link between specific developments and the off-site provision of public open space.

Those present discussed

·                       the need to distinguish between commuted payments for additional facilities and those for the maintenance of existing ones

·                       suggested minimum distances between play areas and residential properties

·                       the suitable security of play areas such as to tackle anti-social behaviour

·                       clear definition of the age-range catered for at different play areas

·                       the consultation process

·                       distinctions between open space and balancing ponds

·                       provision in Section 106 Legal Agreements for the payment of parish councils’ legal costs

The Portfolio Holder for Growth and Sustainable Communities APPROVED for consultation: the following documents: