3 General GuidancePage

3.1 Access 1Background 1Guidance 2

3.2 Community safety 5Policy context 5Objectives 5Active frontage 6Electronic surveillance 6New developments 7Developments along the canal 7Landscaping and lighting 7Recreation areas and open spaces 8Car parking areas 9Highways and paths 9

3.3 Affordable housing 11Social housing partnership agreement 11Scheme standards 11Off-site and commuted sum provision 12Procedure 13

3.4 Public art 15Using percent for art scheme 15Using planning obligations 16

3.5 Planning for children and young people 19Policy context 19Types of facility 19Facilities for young children 20Play 20Young people 21Creches and workplace nurseries 21

3.6 Advertisements 23Scope of control 23Estate agents boards 23Advertising hoardings and posters 23Advertising on street furniture 26Annexe: Deemed consent - the more significant classes 27

3.7 Telecommunications 31Planning permission and permitted development 32General guidance 32Residential areas 34

3.8 Demolition 35Conservation areas 35Environmental protection 37

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3.9 Planning obligations 39Introduction 39Legal context 39UDP policy context 40Procedure 41Matters that may be included in an obligation 42Annexe 1: Information required for a section 106 planning obligation 45Annexe 2: Undertaking to pay the Council’s legal costs of preparing 46and monitoring a section 106 planning obligation Annexe 3: Standard section 106 planning obligation 47

3.10 Works to public highway 53Introduction 53Principles 53Procedure 54

3.11 Town centre management contributions 57Introduction 57Policy Context 57When will planning contributions be required? 58Use and monitoring of town centre management contributions 58

3.12 Training and employment 59Introduction 59Workforce recruitment/training 59Area initiatives 60

3.13 Education contributions from residential developments 61Introduction 61Policy context 61Demand on the borough’s education provision 61Child yield 62Cost of new school places 62When an education contribution will be required 63The contribution 64Use and monitoring of s106 funds for education provision 64Standard clause 64Annexe 1 Actual school rolls 65Annexe 2 Child yield figures 65Annexe 3 Formula for contributions 66

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3.1 Access

Background 3.1.1 Under UDP policy RE3 the Council aims to ensurethat, where possible, buildings and activities in the Borough arefully accessible to all sections of the community. This is vital toallow equal opportunities for employment, housing and use ofcommercial and social facilities. For this to be achieved it isnecessary that the whole built environment (not just thosebuilding types covered by the Building Regulations) should befully accessible to all people including the disabled, the elderlyand parents and carers with young children. UDP policy HG7deals with housing and disability.

3.1.2 These guidelines are intended to encourage andassist in the application of this objective by setting out designrequirements for different situations and to encourage andachieve development which does not discriminate or denyaccess to disadvantaged members of the community. Detailedinformation is available from the specialist organisations listedin Further Information below whose help may be sought inachieving these objectives.

3.1.3 According to the 1991 Census, 22,198 people inCamden, which is 13% of the population, have a limiting long

term illness. The achievement of these standards will help make the Borough moreaccessible to disabled people.

3.1.4 Developers should be aware of the need to comply with specific nationallegislation to further ensure access and facilities for people with disabilities. These include:

a Disabilty Discrimination Act 1995, which came into force on 2 December 1996, with theexception of elements of Part III, and requires that all disabled people are able to use abuilding and have access to the services provided within the building. In October 1999, aPart III duty to overcome physical restrictions by the provision of alternative methods cameinto force. In January 2004 a further duty to remove physical barriers comes into force.The duties imposed by the Act are to take such steps as are reasonable in all thecircumstances of the case. The Act vests rights in the individual and has implications forboth existing and new buildings. The provisions of the Act are expected to extend beyondthose of the Building Regulations, encompassing facilities management and the entirebuilt environment. In addition, the definitions of people with disabilities are broader thanthose contained within Approved Document M of the Building Regulations including thosewith physical and mental impairment. However, the Act does not necessarily override therequirements of statutory bodies such as the local planning authority and English Heritage.

b The Building Regulations 1991 as amended by the Building Regulation (Amendment)Regulations 1998. Part M deals with access and facilities for disabled people, and the1999 edition requires that provision be made for people with disabilities in respect of newbuilding, including housing, and the alteration of certain non-domestic buildings. Part Mprovides guidance for some of the more common building situations but, as stated in theapproved document, ‘there is no obligation to adopt a particular solution contained in anApproved Document if you prefer to meet the relevant requirement in some other way’.

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3.1.5 In addition design guides with information on current good practice are issued byorganisations such as the Centre for Accessible Environments.

Guidance3.1.6 Both legislation and the recommendations of design guides may be modifiedfrom time to time. It is the Council’s intention that access for the disabled conforms tocurrent legislation and good practice. Specific advice on arrangements and dimensions isavailable from a number of authoritative sources (see Further Information below).

3.1.7 The Council will use its associated roles as Building Control and EntertainmentsLicensing Authority to co-ordinate provision for disabled people into and within buildings.Applicants should liaise with the relevant sections within the Council at an early stage inthe process. Where existing access arrangements are being altered, the Council willrequire that the new access is not worse than the previous arrangements, as long as theexisting is not dangerous, in which case an improvement will be sought. Wherealterations are being proposed to buildings of historic or architectural importance, carefulconsideration will be given to impact of proposals on the appearance and original orhistoric fabric of the building and specific design solutions may be required.

3.1.8 This section deals with access to and inside buildings. Further related policiesand standards are included in the UDP including parking standards.

3.1.9 The Council encourages high standard of design and recommends that accessissues are considered early in the design process to ensure that access is well integratedin terms of both function and appearance. Access issues addressed too late in theprocess run the risk of introducing inconvenience for the user and the visual dislocationof prominent elements such as ramps, steps and lifts added on to the design as anafterthought.

3.1.10 Elements which need to be considered with access in mind include:

a Ramps and associated steps,

b Staircases,

c Lifts both internal and external,

d Circulation areas,

e Sanitary facilities,

f Surface finishes including visual, tactile and acoustic qualities,

g Accessible and appropriate controls,

h Signage.

3.1.11 An access audit consists of an appraisal of how a building is accessed and usedby disabled people. It can be used to identify problems prior to planning andimplementing remedies. A good access audit submitted to the Council can be consideredin support of applications involving access issues, either as alterations to existingbuildings or as part of new schemes.

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Further informationDocumentsBuilding Regulations 1991 Approved Document M Access and Facilities for DisabledPeople, Department of Environment, Transport and the Regions, 1999

BS 8300:2001 Design of Buildings and their approaches to meet the needy of disabledpeople - Code of Practice, BSI, 2001

BS 5588:1996 Part 8 Fire precautions in the design and construction of buildings -Code of practice for Means of Escape for Disabled People, BSI, 1996

Disability Discrimination Act 1995, Code of Practice, Disability Rights Commission

Designing for the Disabled: the new paradigm, Selwyn Goldsmith, ButterworthHeinemann, 1997

Designing for Accessibility, Centre for Accessible Environments, September 1999

Access to ATMS, UK design guidelines, Centre for Accessible Environments 1999

A Series of Specifiers’ Handbooks, produced by the Centre for AccessibleEnvironments

Easy Access to Historic Properties, English Heritage, October 1995

ContactsDisability Rights Commission, 7th floor, 228 Grays Inn Road, London WC1X 8HB, Tel:08457 622 633

Centre for Accessible Environments, Nutmeg House, 60 Gainsford Street, London SE12NY, Tel: 020 7537 8183

Royal National Institute for the Deaf (RNID), 19-23 Featherstone Street, London EC18SL, Tel: 020 7296 8000

Royal National Institute for the Blind (RNIB), 105 Judd Street, London WC1H 9NE, Tel:020 7388 1266

DISC (Disability in Camden), Peckwater Centre, 6 Peckwater Street, London NW52TX 1EU, Tel: 020-7387 0700

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3.2 Community safety

Policy context3.2.1 The exercise of the Council’s various functions can bring about a reduction in awide variety of different crimes. The Crime and Disorder Act 1998 charges the Councilwith the duty to prevent crime. Section 17 of the Act provides that: ‘it shall be the duty ofeach Authority to which this section applies to exercise its various functions with dueregard to those functions on, and the need to do all it reasonably can, to prevent crimeand disorder in its area.’

3.2.2 At present, Government advice on community safety is contained in Departmentof the Environment Circular 5/94: Planning Out Crime. This followed wide concerns aboutthe effect of crime on town centre regeneration, sustainability and social exclusion. TheCircular states that local planning policies should establish principles of design, layoutand landscaping which should aim to reassure the public by making crime more difficultto commit and make it easier to detect so as to provide people with a safer, more secureenvironment. This advice was re-emphasised in Planning Policy Guidance Note 1:General Policy and Principles (1997).

3.2.3 The Association of Chief Police Officers (ACPO) has since updated and publiclylaunched its designing out crime initiative Secured by Design. Secured by Design is a setof design principles and specifications to assist in reducing opportunities for crime andfear of crime in new and refurbished housing and commercial development. The initiativehas the backing of the Home Office Crime Reduction Unit and has been drawn up inconsultation with the Department of Transport, Local Government and the Regions.Related to this initiative ACPO also manage the Secured Car Park Scheme (see belowfor further information).

3.2.4 To achieve these objectives, the Council, in partnership with the Camden Police,have produced a Community Safety Strategy 1999 - 2002 (1999) to cover all of theCouncil’s functions. In this, targets are set for reductions in a wide variety of crimesincluding youth re-offending, alcohol related crimes inside and outside licensed premises,home burglaries, street crime against the person, vandalism and theft from businesses.UDP policy EN20 encourages a sensitive design approach to the built environment whichaims at reducing opportunities for threatening or criminal behaviour and which promotespersonal safety and the security of property. The Council may in appropriatecircumstances look for contributions to community safety through agreements undersection 106 of the Town and Country Planning Act 1990 (see section 3.9 on PlanningObligations). This may include financial contributions where there are existing orproposed community safety programmes.

3.2.5 The need to design out crime is a material consideration in determining anapplication for planning permission. The following guidance is intended to help minimisethe incidence of crime and disorder in new development, achieve a reduction in crimeand disorder in the existing built environment, aid detection and reassure the public byreducing the perception of crime in the Borough.

Objectives3.2.6 The Council’s objectives for planning for community safety are to:

a Encourage greater surveillance of the public realm by promoting active frontages,informal surveillance and monitored, electronic surveillance.

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b Plan new and older areas in order to increase pedestrian movement and ground flooractivity.

c Develop site layouts on all development sites to take account of personal safety.

d Control entertainment and food and drink uses in order to avoid crime within thepremises and on the street.

e Use landscaping and lighting to bring about a safer environment.

f Negotiate for, where necessary, schemes of local management (such as securityguards, or locally monitored Closed Circuit Television) to reduce criminal opportunity andincrease detection.

g Encourage the use of surface materials that discourage graffiti or which can be readilysurface cleaned to remove graffiti.

Active frontage3.2.7 Where schemes for alteration, redevelopment or new build are proposed, suchschemes should include, wherever possible, active ground floor uses such as retailing orfood and drink uses. Such uses provide informal surveillance of the street and reduce‘dead frontage’. These uses are found to reduce the perception as well as the incidenceof crime on the street. Solid security shutters should be avoided and other moretransparent security measures used (see section 2.9 on Shopfronts) to enable people towindow shop after closing time. Under UDP policy SH11 non-retail uses within shoppingcentres and parades will normally be required to maintain a window display.

Electronic surveillance3.2.8 Methods of electronic surveillance have been found to reduce crime and toincrease rates of detection. Close Circuit Television (CCTV) is frequently used in towncentres and in private property to reduce crime. The Council will require CCTV camerasto be sited on buildings where possible rather than on poles in the street. This is in orderto reduce the visual impact of the cameras.

3.2.9 The Council will encourage the use of monitored CCTV and other forms ofelectronic surveillance and will negotiate for local management schemes in newdevelopments where necessary.

3.2.10 With high density residential or mixed use developments, electronic surveillanceof entrances and difficult parking areas should be considered and local schemes ofmanagement should be put in place in order to monitor visitors in and out of the building.Where informal surveillance is difficult to achieve, such systems will be necessary.

3.2.11 In particular, with applications for new licensed premises (including clubs), theuse of CCTV inside the entrance and on the street will be encouraged. This will beespecially important in the areas identified in the Community Safety Strategy as hotspotsfor street crime and hotspots for violence in and around licensed premises. These areasinclude the wards of Kings Cross, Kilburn, Camden Town, Gospel Oak, Kentish Town,Bloomsbury, Brunswick and Holborn.

3.2.12 Most external equipment associated with electronic surveillance requiresplanning permission and sometimes listed building consent. The size and bulk of suchequipment can be unsightly and therefore the use of micro cameras is advised.

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New developments3.2.13 In determining an application for new developments or refurbishment in theBorough the Council will pay particular attention to the need to design out crime and willexpect new developments to comply with the advice given in this document and, whereappropriate, with the advice of the Camden Police Crime Prevention Design Advisors andthe Secured by Design initiative.

3.2.14 In new housing schemes, particular care should be taken in order to increaseopportunities for surveillance from active windows. At ground floor level in highly urbanparts of the Borough, care should be taken to ensure that kitchen and living roomwindows face the public realm. This promotes informal surveillance of it and thereforereduces criminal opportunities. Where necessary, planning conditions will be applied toensure compliance with this.

3.2.15 New housing development should respect the pattern of streets and squares.Rear gardens should be land locked by built forms in order to reduce access from therear. Front areas should be of open aspect so as to avoid creating hiding spaces.

3.2.16 Back alleys in between rear gardens should be avoided especially where theselink one cul-de-sac with another. These provide both access to the rear of properties andan efficient form of escape for criminals. Side accesses to the rear of properties shouldbe controlled using lockable gates to prevent unauthorised entry. Where possible, accessto the rear should be directly from the front and serve only the property on either side.

3.2.17 It is recommended that front boundary treatments (such as: hedges, fenceswalls and gates) should be no higher than 1m and that set backs should be avoided.Hard and soft landscaping should be carefully used so as to provide clear surveillanceand to define public and private space and to provide a buffer zone between pedestrianroutes and ground floor windows, preferably a distance sufficient for privacy and securitywithout compromising surveillance potential.

3.2.18 In low density development, car parking spaces should be provided within thecurtilage of the house and be clearly allocated to the host property.

3.2.19 Major industrial and business areas are frequently unoccupied at night and inisolated locations where natural surveillance is not possible. In such areas, as with publicbuildings, pedestrian access should always be direct from the road to the front entranceof the building. Some parking should be close to and directly accessible from the mainfront entrance. Access routes should be well lit.

3.2.20 Solid security shutters are not encouraged because of their deadening effect andtheir susceptibility to graffiti. They are further discussed in section 2.9 on Shopfronts.

Developments along the canal3.2.21 The Regent’s Canal runs through Camden. The Metropolitan Police and BritishWaterways have produced a joint publication Under Lock and Quay - Reducing CriminalOpportunity by Design (2000). This sets out design principles which can be appliedacross a wide variety of sites and development types along the canal with a view toreducing the opportunities for crime and improve personal safety. The Council uses thisguidance in assessing applications along the canal.

Landscaping and lighting3.2.22 Conflict between lighting and vegetation should be avoided and planting that canencourage hiding places should be discouraged. Spiny plants in shrub areas can

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discourage their use as hiding places. Planting should take account of future growth andmaintenance requirements (see Diagram 3.1).

3.2.23 Hard landscaping should be vandal-resistant and not provide potential missilessuch as gravel or loose cobbles. Landscape features, including ground modelling andfurniture, should not provide the means to gain access to property or to afford visibilityover walls or hedges into rooms or gardens.

3.2.24 External amenity space and paths should be well lit and of human scale so as toallow the recognition of faces. Lighting should comply with Parts 1-3 of BS 5489:1992.

Recreation areas and open spaces3.2.25 There should be clear views through the entrances and exits of the open spaceor recreation area. Avoid planting that creates hiding places. Well defined entrances andexits can help reduce feelings of isolation and help a person avoid a threateningsituation.

3.2.26 Avoid layouts in which rear gardens adjoin open spaces. Where sucharrangements are unavoidable, landscaping using thorny trees and shrubs should beused to inhibit access and use as a hiding place. In such circumstances trellising canalso be used to deter criminals as these host thorny creepers or roses and collapsewhen used as a climbing frame. Barbed wire and broken glass should not be used ongarden walls as these cause serious injuries to both criminals and the police.

3.2.27 Children’s play areas should be clearly signed, have defined perimeters and bewithin sight and earshot of adjoining property. Benches should be provided for parents touse within the area. Careful orientation of houses or other occupied property overlookingsmaller open spaces provides useful surveillance opportunities. See also section 3.5 onPlanning for Children and Young People and para 3.5.9 in particular.

3.2.28 Some public spaces are best closed at night and do not need lighting whichcan only encourage inappropriate use. Where a decision is taken to keep open spacesopen at night, they should be well lit from dusk onwards and where possible, shouldhave associated uses within them such as cafes, shops or kiosks in order to maximise

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the use of the space. Cycle paths should be integrated with open spaces in order tomaximise use of the area. If the area is left open in the evening, this will be especiallyimportant.

3.2.29 Cars should be excluded from public spaces except for service and emergencyvehicles.

Car parking areas3.2.30 Surface car parks should be overlooked from the road and occupied buildings.Subdivide large areas into separate, smaller parking areas as they are less intimidatingand easier to scan. Avoid landscaping that will obscure vehicles or provide hiding places.Pedestrian routes and exit points within a surface car park should be clearly identifiedand lead directly to the street or to the main entrance. They should be positioned wellclear of cars and any potential hiding places.

3.2.31 Where possible provide direct access at the same level from multi-storey carparks to adjoining development. Exits and direction signs should be frequent and clearlyvisible. Glazed doors to lifts and stairwells provide surveillance of and by users. Openrailings should be used on staircases. Support pillars in enclosed car parks should be asfew and as slim as possible to minimise the possible danger from their use as hidingplaces. Use natural lighting as extensively as possible in multi-storey car parks. Artificiallighting should conform to the relevant parts of BS 5489:1992, be consistent, very brightand not create areas of shadow, especially between cars. It should illuminate bothparking bays and circulation routes.

3.2.32 Internal parking at ground floor level should be avoided as these create deadfrontages. Where these are necessary, openings should be provided at ground floor levelto allow views of the street from the parking area. Access to basement car parks shouldbe via an access controlled gate or shutter operated by the car driver whilst in the car.The gates should open inwards so that a recess is not created.

3.2.33 Local management schemes should be employed using electronic surveillanceand a variety of other means. Early liaison should be established with Camden PoliceCrime Prevention Design Advisors. All new payment car parking development should bedesigned and managed in partnership with them and must meet the standards of theSecured Car Parking Scheme. Lighting should conform to BS 5489:1992.

Highways and paths3.2.34 Pedestrian and cycle movement should generally be given precedence overvehicular traffic. Existing cross-site pedestrian and cycle routes should be retained in anynew layout scheme if they are well-used.

3.2.35 Essential foot and cycle paths should be wide, well-lit (to BS 5489:1992) andoverlooked by occupied property wherever possible. Open fencing or railings are moreeffective than planting or brickwork as a means of separating a footpath from privateproperty without loss of surveillance. Avoid locating footpaths along the rear boundary ofproperties.

3.2.36 Foot and cycle paths should be short, direct and ideally always on the surface.Where a surface route is not possible, any road over a path should be an open bridgedesign, avoiding the need for a subway. On longer footpaths avoid sharp bends whichrestrict views. If unavoidable, keep boundary fencing as open as possible to give viewsacross the corner to the path beyond.

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3.2.37 Where highway structures (such as telephone boxes, camera poles,telecommunications poles, poster panels and bus shelters) are considered to beacceptable in design and highway safety terms, these should be designed to avoid antisocial or threatening behaviour.

3.2.38 In particular, the design of bus shelters and poster panels should allow for a300mm gap between pavement level and the bottom of the panel. This will prevent theiruse as hiding places. In certain locations, where there is a known high incidence of streetcrime and where it is likely that bus shelters or poster panels will provide cover forcriminal activity or obscure CCTV cameras supplied for the public benefit, applications forsuch structures will be refused.

3.2.39 Highway structures should be avoided in areas with a high volume of pedestrianmovement as these prevent surveillance of the pavement by pedestrians and can inhibitmovement even in wide pavement areas.

3.2.40 Guard railing should only be used where it is demonstrably necessary as thisallows loitering and inhibits movement and escape. Other means of protectingpedestrians, such as bollards, should be employed.

3.2.41 Advertising on the windows of telephone boxes should be avoided as this couldallow criminal activity to carry on within them unobserved from the public realm andincreases fear of crime.

3.2.42 Recesses at ground floor level should be avoided as these allow loitering andprovide hiding places for criminal activity. If they are proposed, then measures should beintroduced to mitigate these problems such as pavement lighting or blocking.

Further informationDocumentsThe Crime and Disorder Act 1998, Stationery Office, 1998Circular 5/94 Planning out Crime, Department of the Environment, 1994

Planning Policy and Guidance Note 1: General Policy and Principles, Department ofEnvironment, Transport and the Regions, 1997Community Safety Strategy 1999-2002, Camden Council, 1999Under Lock and Quay - Reducing Criminal Opportunity by Design, British Waterwaysand Metropolitan Police, 2000 (available from the Crime Prevention Design Advisors)British Standard 5489: Road Lighting, BSI, 1992

Contacts and LinksMore information concerning the specifications of Secured by Design can be found onthe Police website: www.securedbydesign.com.

More information on a range of crime prevention measures including design can befound on the Home Office website: www.homeoffice.gov.uk. Click Crime Reduction

Camden Police employs two Crime Prevention Design Advisors. They can becontacted at: Kings Cross Road Police Station, 76 Kings Cross Road, London WC1X8QH telephone 020 7421 0469 fax: 020 7421 0473

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3.3 Affordable housing3.3.1 Affordable Housing in Camden refers to low cost and subsidised housing,provided by the Council or Registered Social Landlord and available for rent to peoplewho cannot afford to occupy houses generally in the open market.

3.3.2 UDP policy HG11 sets out the Council’s position on affordable housing. UDPpolicy RE5 deals with affordable housing as part of mixed use development. In line withGovernment policy, the Council expects new housing developments to make acontribution towards meeting the Borough’s need for affordable housing. Whereverpossible, the affordable housing should be provided on site and include an element offamily housing.

3.3.3 Where developments meet the threshold set out in thepolicy, developers of 15 or more housing units will be put intouch with the Council’s Housing Initiatives and RegenerationUnit (HIRU) in the Housing Department. The HIRU will helpidentify Registered Social Landlords (RSL) that are capable ofproviding affordable housing in that location. Discussions canthen take place between the developer and the agreed RSL onthe best way to provide affordable housing as part of thatdevelopment.

3.3.4 In line with the Council’s analysis of housing need withinthe Borough and UDP policy HG16 the Council will seek a mix ofhousing types which is suitable for the site and re-flects the needfor family accommodation. The Council welcomes schemes whichprovide 50% or more of accommodation suitable for families orlarger households (4 or more bed-spaces; ie three or morebedrooms). The precise mix will be negotiated with the developer.

Social housing partnership agreement3.3.5 Camden’s Housing Department requires that all RSLs that operate in Camdenbe part of a Social Housing Partnership Agreement (SHPA). This includes workingarrangements for the development and management of property. The approval of a RSLby the Council will be based on criteria and financial parameters agreed within the SHPA.These will include:

l The ability to work effectively and practically with developers and the Council(taking into account the complexity of a scheme) while providing a well-designed, cost-effective scheme.

l The likelihood of Social Housing Grant (SHG) being available (including the prioritygiven by the RSL to the scheme) and the amount of SHG in a particular area.

l An assessment of the overall performance of the RSL using performance indicatorscovering both development and management issues.

If a developer has a preferred RSL, the Council will need to be satisfied that the abovecriteria are met before agreeing to their involvement.

Scheme standards3.3.6 Generally, the Housing Department requires that the costs of a dwelling providedthrough a planning obligation under section 106 of the Town and Country Planning Act

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1990 to a RSL should be no greater than 100% of the 2000/2001 Total Cost Indicator(TCI) and the level of public subsidy shall be no higher than the grant rate appropriate forthat scheme. However, this formula is kept under regular review.

3.3.7 All housing developments by RSLs must comply with the Housing Corporation’sScheme Development Standards which should be regarded as the minimum standard forsuch developments within the Borough. It is recommended that developers work closelywith the RSL when producing a scheme to ensure these standards are complied with.

3.3.8 Under the SHPA, the Council seeks 100% nominations to all such housing. In exceptional circumstances, the Council may agree to the RSL retaining some of thenominations.

Off-site and commuted sum provision3.3.9 The justification to HG11 sets out the limited circumstances in which, as analternative, the Council may consider off site affordable housing, for example, theaffordable housing provided on a nearby site. If neither of these options is possible, theCouncil will consider a commuted sum, to be paid into the Council’s affordable housingfund. This would be used by a RSL or the Council to create affordable housing units onanother site in the Borough, for which the Council would expect 100% nomination rights.Affordable housing can be and has been the subject of agreement under section 106 ofthe Town and Country Planning Act 1990 (see section 3.9 on Planning Obligations).

3.3.10 A section 106 Agreement will ensure that all the units forming the affordablehousing provision are used permanently solely and exclusively for the provision ofaffordable housing. If private residential units are being provided as part of the scheme, alegal agreement will usually restrict or prevent their occupation until the affordable housingis completed and transferred to a Registered Social Landlord. This may be varied slightlywhere the affordable housing is to be provided away from the main development.

3.3.11 The following formula has been used for calculating the amount due forcommuted sum affordable housing contributions. However, this formula is kept underregular review and will be determined according to current property values and housingcorporation grants.

100% of the scheme’s TCI (Total Cost Indicator) multiplied by The Housing AssociationGrant Rate for the scheme

3.3.12 The elements of this formula are as follows:

a The TCI (Total Cost Indicator) is set annually by the Housing Corporation. It is anindicative cost which incorporates both build costs and land costs for housing. TheHousing Corporation uses the TCI cost as a basis for determining whether schemesshould be grant funded. Camden falls within TCI area A. The TCI cost is determined froma ‘Base TCI’. b The Base TCI is multiplied by a ‘gross multiplier’ which takes into account acombination of factors including the size of units and type of construction. In applying theformula, the above TCI calculation should be done for each proposed dwelling unit, andthe results summed to arrive at a total for the entire scheme. This total should then bedivided by the number of proposed units to arrive at an ‘average’ TCI cost per dwellingunit. Both the Base TCI and the Gross Multipliers are published by the HousingCorporation. For advice on applying the figures, applicants should consult the Council.

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c The Housing Association Grant Rate is the level at which the Housing Corporation willgrant fund a scheme. The level depends on the gross multiplier that was used to derivethe TCI cost above. At a gross multiplier of 1.0, the grant rate is 64.6%. This increases asgross multipliers rise above 1.0. Again, the grant rates are published by the HousingCorporation.

3.3.13 The Housing Corporation reviews their TCI levels and grant rates annually.

Procedure 3.3.14 Development Control Officers will liaise with both the HIRU in the HousingDepartment and with Forward Planning and Projects Team in the EnvironmentDepartment at an early stage in dealing with proposals where affordable housing shouldbe provided.

3.3.15 Where a commuted sum is considered by the Council to be the most suitableform of affordable housing contribution, developers are encouraged to undertake their owncalculations, as all of the basic information, in the form of the Housing Corporation’s TCItables are publicly available. The Council will check the figures presented.

Further informationDocumentsScheme Development Standards, Housing Corporation

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3.4 Public art 3.4.1 The aim of the Council is to encourage the use of public art, either as apermanent or temporary feature, within the urban design process. UDP policy LC11welcomes the provision of public art in connection with both new and existingdevelopment. Public art can be a catalyst for improved environmental quality byupgrading and animating public space, enhancing local character and identity throughhelping create a sense of `place’, and promoting better visual `legibility’ of the local areaby contributing to a more recognisable and distinctive townscape.

3.4.2 Public art can also serve as an emblem of civic pride or corporate image. It canfurther improve the marketability of a property and add to the process of urbanregeneration. In this sense public art can be seen, both in the short and long term, to addvalue to a development. Examples could include painting, sculpture, photography, filmand video, projections, installations, murals, tapestry, decorative ironwork, glassengravings, street and performance art, and elements integral to buildings themselves.

3.4.3 There are two possible routes to the funding of public art initiatives. The first isthe Percent for Art Scheme and the second is by planning obligations. These are bothconsidered further below.

Using percent for art scheme3.4.4 The Percent for Art scheme adoptedby the Council in 1988, is voluntary althoughthe Council strongly urges developers toparticipate where possible. Percent for Art isbased on the belief that artists andcraftspeople have a distinctive role to playas a member of a team for the design ofpublic space and buildings. The schemetherefore seeks to secure this input byreserving a percentage of the estimatedcost (usually 1%) of any capital work for artand craft. However, a sliding scale ofpercentages is more likely than a fixedpercentage to meet the needs of differentsizes of capital development. The term

`capital’ includes new development, the refurbishment of buildings, landscaping andother environmental works.

3.4.5 While Percent for Art usually results in a commission for an artist orcraftsperson to create a permanent work for a specific public place, other options existin terms of how the budget may be spent. This might include: the employment of anartist as a member of the design team; the purchase of existing pieces; thecommissioning of temporary work including performance activities; the commissioningof work away from the development site; artists’ proposals and maquettes; materials;site preparation; the transportation and installation of the work; maintenance; schooland community education programmes. Percent for Art may also be used to extend therange of cultural provision and resources, such as through the building of workshopsand studios.

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3.4.6 It is worth noting that the merits of more ephemeral work are now beingseriously considered as a focus for Percent for Art funding. They can often have apractical impact through distraction and disguise. For example, hoardings and lightingdisplays have been used to mask building sites. They may also draw attention to theimagination of the developer or to familiarise the public with what the development willultimately look like.

3.4.7 Participation in the Percent for Art scheme should be considered a first step ina strategy for commissioning. Making contact with environmental professionals such asplanners and architects, as well as arts administrators, within both the public and privatesectors, will provide valuable help in directing the process of commissioning and, whereappropriate, the positive integration of the artist within a multi-disciplinary designcontext. The artist should be commissioned at the earliest possible stage in line with anagreed selection procedure. For large projects, consideration should be given toemploying the artist as a member of the design team, influencing the aesthetics of aconstruction project through the arrangement of spaces, the selection of materials,designing with those materials and/or determining the nature and siting of the works ofart to be integrated into the construction at a later date.

3.4.8 Where appropriate, an agreed portion of the budget may be used to further theunderstanding, consultation and involvement of the public through such means as:artists’ residencies; discussion and consultation with relevant local groups/residentsregarding the subject matter and siting of the work; talks, seminars, conferences andworkshops; celebration of the resultant work, perhaps through a festival or exhibition.Additionally, it is recommended that the advice of a public art agency and/or otherrelevant bodies be sought throughout this process.

3.4.9 The management and administration of the scheme should include the costs ofadvertising for and selecting artists; fees for shortlisted artists’ proposals; consultancy andlegal costs; insurance; monitoring the work in progress; documentation; publicity and thelaunch of the work; community education programmes and future maintenance costs.The Percent for Art budget should be index-linked and, where possible, placed in aninterest earning account.

Using planning obligations3.4.10 A second approach to the funding of public art is the use of planningobligations made under section 106 of the Town and Country Planning Act 1990 (asamended). A planning obligation under section 106 may be entered into either byagreement with the Council or as a unilateral undertaking by the developer. In keepingwith Government Guidance (contained in Circular 1/97) and UDP policy RE6, theCouncil will only seek a planning obligation in circumstances which are directly relatedto the proposed development and where it is not possible to deal with the matterthrough the imposition of a planning condition. The circumstances where an agreementwill be required will be determined by the precise merits of the case, taking into accountthe nature of the site and potential impact on the local environment (see section 3.9 onPlanning Obligations).

3.4.11 In most instances, the Development Control Service will be the initial point ofcontact for such inquiries and can advise on the likely need for a section 106 obligation.The Agreement should spell out the commitment of the developer to commission artworkwithin the public areas of the development. It should clarify the overall aims of thecommission and identify key partners (commissioning agents, artists or arts organisations

if known), the budget, management process, site location, timetable, ownership,insurance and maintenance issues. Adequate time has to be allocated to develop a brief,identify artists and pull together a management process (this might involve a steeringgroup with local residents). The timetable should coincide with the overall plans for thedevelopment. Some early funding may be required to pay for artists to developpreliminary ideas and proposals.

3.4.12 Recent examples of public art gained through section 106 agreements include amultiple monitor video installation for the new Holborn Hotel (sited behind ground floorwindows overlooking the public highway) commissioned from the neighbouring CentralSaint Martin's College of Art, and a new base for the existing St. Joan sculpture on theEuston Road.

Further informationDocumentsCircular 1/97 Planning Obligations, Department of Environment, Transport and the Regions, 1997

ContactsCamden Arts & Tourism, Leisure and Community Services Department, CrowndaleCentre, 218 Eversholt Road, NW1 1BD.

Public Art Development Trust, Kirkman House, 12-14 Whitfield Street, London W1P5RD, Tel: 020 7580 9977

Art Project Management, Linton House (Unit C1), 39-51 Highgate Road, London NW5 1RS, Tel: 020 7424 9334

Common Ground, PO Box 25309, London NW5 1ZA, Tel: 020 7267 2144

Crafts Council, 44a Pentonville Road, London N1 9BY, Tel: 020 7806 2500

Art for Architecture, RSA, 8 John Adam Street, London WC2N 6DG, Tel: 020 7930 5115

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3.5 Planning for children and young people

3.5.1 Children and young people have needs which often getoverlooked in the development process. This guidance touches onsome of these needs and how the planning system can contribute. Theneed to provide facilities for carers and small children is an importantsocial responsibility. Council policy aims to ensure that such facilitiesare provided and are fully accessible to all groups in the community.

Policy context3.5.2 UDP policy RE6f talks about achieving the provision of public facilities andservices appropriate to the scale, nature and location of retail development. In UDPpolicy EC1 the Council encourages schemes for development which provide work-relatedcrèche and nursery facilities. UDP policy SH2 encourages an improvement in the qualityof the general shopping environment and the facilities provided within it for the benefit ofall users and traders; the justification to the policy lists a number of examples of suchfacilities including baby changing areas and shoppers crèche. UDP policy SH16 requiresproposals for new markets to provide certain facilities including access for those withdouble buggies. UDP policies LC6 and LC7 deal with the provision of play facilities.Development Standard DS3 is linked to UDP policy LC7 and sets out when and howmuch play provision is required. UDP policy SC7 deals with pre-school nursery provision.These concerns may well coincide with a developer’s desire to provide attractive andcompetitive developments or an employer wishing to retain and attract workers.

3.5.3 The importance of facilities for children and younger people is underlined by anincreasing birthrate in the Borough and an increase in the number of under fives. Carerscan include relatives, friends and childminders as well as parents. However at presentwomen are disproportionately responsible for caring as a full time activity. If opportunitiesare to be increased to enable carers to have proper access to employment, shops andpublic buildings, it is important to ensure that facilities such as crèches, play areas andbaby feeding and changing rooms are both provided and designed to meet their specificneeds. Furthermore they should be dual sex wherever possible to enable more men tofulfil a carer’s role.

3.5.4 This guidance contains basic information on specific facilities which will besought by the Council when it considers particular development proposals

Types of facilities3.5.5 The following table indicates the preferred level and types of facilities that theCouncil would like to see provided for different types of development. The facilities aredescribed in more detail below.

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Facilities for young children3.5.6 Purpose-designed facilities should be available to carers so that babies andchildren can be changed and fed in more comfortable, hygienic and convenientcircumstances. Feeding and changing are activities not suitably combined: facilities forindividuals can be combined but communal facilities for several should separate them.Facilities should be provided for both male and female carers and be accessible topeople using wheelchairs. Facilities should be in a convenient location, preferably on theground floor and well signposted.

3.5.7 When toilets are designed, the specific needs of children and their carers shouldbe accommodated. Circulation areas should be sufficient, toilets including urinals usableby children should be provided. All toilets should be fully accessible, well located andsignposted.

3.5.8 Pushchair parks are facilities to enable carers to safely leave their buggies orprams and carry out their day-to-day activities. Consideration needs to be given tosecurity and surveillance. Where provided, buggy parks are probably best placed justinside entrances to buildings such as large shops, public buildings and sports centres.

Play 3.5.9 The provision of somewhere for children to play is essential in all developmentscatering for families. This may be a formal, equipped playground on large estates or, insmaller schemes, an informal indoor area available for children in public buildings.Development Standard DS3 adopts the National Playing Field’s ‘Six Acre Standard’ forthe provision of play facilities.

3.5.10 Children, however, are unlikely to always restrict their play to designated areasand the surrounding environment especially in housing schemes must also be designedto be safe, while minimising potential nuisance to the users. Generally, children’s needsare best met by a safe, secure and supervised environment. Consideration should begiven to involving children in the design of the playground if possible. Experience of userinvolvement in the design of playgrounds has been positive and has resulted in wellrespected playgrounds.

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Uses/locationsResidential development of 10 units or more with high proportion of familysized units

Large commercial/industrialpremises, institutions (over 30employees, or 1000 m2+).Businesses with multiple premises (e.g. banks, chainstores).

Shops/post offices/A2uses/clinics/public buildings etc.

Large Shops/Retail Developments(1000m2+)Other large developments eg Leisure Centres

FacilitiesPlay areas (see UDP policies LC7 and DS3)

Workplace nurseries (UDP policy EC1)

Small scale play facilities.

Wheelchair and mobility improvementsShoppers crèchesPublic toilets and baby changing areasSeating and rest areas (UDP policy SH2)

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3.5.11 Indoor play facilities can be provided in all spaces to which the public hasaccess, even if there is only limited space available. Provision should be based on theassessed number of children that may use the facility; for example, a health clinic, largestore or hospital waiting room might cater for more children, while a small shop or advicebureau may only have to deal with one or two.

3.5.12 The facilities should be able to be supervised, accessible, and provide a rangeof toys and activities appropriate to the size and function of the main use.

3.5.13 Outdoor play areas should be sited away from all sources of noise and airpollution. The space and equipment should be organised so that children are visible tocarers or supervisors, and generally overlooked by dwellings or public areas. The areashould be well defined, dog-free, well signposted and lit and preferably located adjacent toa major entrance. Access for maintenance and emergency vehicles must be provided.

3.5.14 If the play area is to be provided on Council owned land, regard should be hadto the Housing and Leisure Department’s joint policy document setting out standards forsites.

Young people3.5.15 Consideration also needs to be given to the needs of young people. Teenagersare often badly catered for in cities and specific attention should be made to their needswhich are different from young children’s. Parks, shopping facilities and cinemas andother leisure activities are important for this age group. Youth Centres are one exampleof places where this age group can meet without being on the streets and engage in awide range of activities of their choice. Facilities such as meeting points or shelters,which could be located in parks and specifically aimed at young people may also beappropriate. Various mechanisms have been set up in Camden to consult and involveyoung people including two web sites www.live-n-direct.org.uk andwww.camden.gov.uk/young.

Créches and workplace nurseries3.5.16 Drop-in crèches provide a convenient and necessary supplement to other formsof childcare. Shopping centres often attract customers because childcare facilities areprovided, which enable their customers to have more freedom when trying to makepurchases. Drop-in crèches enable carers and parents to make proper use of otherfacilities such as doctors’ surgeries, advice centres and leisure complexes.

3.5.17 Workplace nurseries are often essential to allow carers and parents to gainemployment and Council policies encourage major commercial and industrialdevelopments to include such a facility for staff. When a business operates from anumber of different buildings (e.g. a major bank or chain of shops), the Council willencourage and support the provision of a facility to serve all sites.

3.5.18 Developers considering a facility involving childcare should make early contactwith the Council’s Early Years Advisers. This Service is responsible for the registrationand inspection of childcare premises. The relevant legislation and regulations, amongstother things, lay down space standards and requirements concerning for example, toilets,kitchens and play areas.

Further informationEarly Years Registration, Inspection and Advisory Team, The Medburn Centre, 136Chalton Street, London NW1 1RX Tel: 020-7974 8135

The Play Service, Leisure and Community Services Department, Crowndale Centre,Eversholt Street, London NW1 1BD. Tel: 020 7974 1519

Women’s Design Service, 52-54 Featherstone Street, London EC1Y 8RT.Tel: 020 7490 5210. Web: www.wds.org.uk

National Playing Fields Association, 23 Ovington Square, London SW3 1LQ.Tel: 020 7584 6445. Web: www.npfa.co.uk

Two web sites for young people: www.live-n-direct.org.uk andwww.camden.gov.uk/young

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3.6 Advertisements3.6.1 All advertisements affect the appearance of the building, structure or place wherethey are displayed to the extent that they can sometimes be the most dominant element inthe urban environment. The purpose of these guidelines is to suggest how advertising cancontribute positively to the appearance of the environment. When used sensitively, it canenhance the appearance and vitality of the street, but can just as easily have the oppositeeffect if not properly handled.

3.6.2 This guidance recognises the importance of advertising to the local and nationaleconomy and therefore is not intended to be excessively prescriptive nor to stifle originaldesigns or new display techniques. The criteria for assessment is thus aimed at thoseadvertisements that will clearly have an appreciable impact on a building or on theirsurroundings. Policy EN30 is the relevant UDP policy. For properties in ConservationAreas reference should also be made to the relevant Conservation Area Statement (seeAppendix 3). The Conservation Area Statements contain a description of the area and itsspecial character as well as guidelines that provide the framework for developmentproposals in the area.

Scope of control3.6.3 Legislation concerning the display of advertisements is contained principally in theTown & Country Planning (Control of Advertisements) Regulations 1992, as amended.The control system is concerned only with the visual impact of the advertisement and notwith its content. The display of outdoor advertisements can only be controlled in theinterests of amenity and public safety.

3.6.4 The 1992 Regulations set out the legal framework in respect of advertisementcontrol. They provide a definition of an ‘advertisement’ and identify certain types ofadvertisement that are excluded from control, such as advertisements displayed onenclosed land, national flags and balloon advertisements (subject to conditions). TheRegulations also identify fourteen classes of advertisement that have ‘deemed consent’.Deemed consent can be restricted (Regulation 7) or discontinued (Regulation 8). TheAnnexe at the end of this section sets out some of the most often used classes of deemedconsent. If a proposed advertisement is neither excluded, nor has deemed consent, aformal application for consent will be needed.

3.6.5 In assessing the impact of an advertisement upon public amenity, the followingwill be considered: a the effect upon the appearance of a building and on the wider townscape, b its relationship to existing structures and architectural features,c its prominence, d its cumulative effect in conjunction with other existing advertisements nearby, e the predominant land use in the area,f the presence of listed buildings or Conservation Areas.

3.6.6 The aim is to ensure appropriateness for the context and avoidance of unduedominance and visual clutter by advertising. In assessing impact upon public safety, themain consideration is whether the location, size and nature of the display are such that itwill distract or confuse drivers and pedestrians. For instance, advertisements should notbe sited so as to obscure or be confused with traffic signs and signals and thus constitutea safety hazard for motorists.

3.6.7 Particular care will be needed to ensure that advertisement displays aresympathetic to the design, structure and setting of listed buildings and to the characterand appearance of Conservation Areas. Listed building consent will also be required inaddition to advertisement consent for those on listed buildings. See also guidance onilluminated signs and shopfront signs in section 2.9 on Shopfronts.

Estate agents’ boards3.6.8 A profusion of boards can have a detrimental impact upon the environment interms of visual clutter. Only one advertisement, of specified dimensions and height, perproperty to be sold or let has deemed consent under the 1992 Regulations (see Annexeto this section). Applications for consent to exceed the deemed consent level will usuallybe refused in Camden. The Council will, where appropriate, use its powers to prosecuteagents who display boards illegally. A direction under Regulation 7 of the 1992Regulations is in force in three Conservation Areas (Hampstead Village, South Hill Parkand Swiss Cottage) where, as a result, deemed consent for estate agents’ boards doesnot apply. In these areas, no boards will be granted consent, except in exceptionalcircumstances, because of their effect on visual amenity. A list of the streets affected isset out in Appendix 2.

Advertising hoardings and posters3.6.9 Advertisements of this type rely for their impact upon their size, scale andlocation. They can easily be intrusive and highly detrimental to the urban environment butalso sometimes have a useful function in the temporary screening of derelict orconstruction sites. It should be remembered that the rear of hoardings is likely to beunsightly. This will spoil the appearance of an area where it can be seen from outside thesite and should be avoided.

3.6.10 Where appropriate the scale of display panels should relate to pedestrians andthe local environment rather than vehicles. Thus, in shopping streets, smaller verticallyproportioned panels, such as four and sixteen sheet sizes, are preferred. (See Diagram3.2 for details of standard panel sizes). Larger panels will only be considered on major

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roads where there would be no conflict with the appearance of existing buildings. Thenumber of panels must be appropriate for the site and adequately spaced. Freestandingdisplays should have high quality intermediate fencing and an interesting profile orbackground. The imaginative use of colour will be encouraged where appropriate.Externally spot-lit hoardings may sometimes be acceptable in commercial areas but notinternally illuminated ones.

3.6.11 Advertisement hoardings should not normally be located in residential areas. If alocality has a mixed use or is predominantly commercial, some poster advertising may beacceptable where it is carefully related to the scale of the building itself and itssurroundings. Hoardings should not be positioned in the following instances (seeDiagram 3.3):

a In locations where they prevent or significantly damage views or obscure light,

b Forward of the face of adjoining buildings,

c Projecting above the roof ridge/eaves level,

d Obscuring architectural features or landmarks (including windows or window recesses),

e Where the rear views will be unsightly (e.g. from the canal).

3.6.12 Panels should not normally be placed on buildings above ground floor level andif placed at ground floor level should be related in scale and position to a shopfrontwithout blocking the display window space. Appropriate hoardings on flank walls shouldnot be unduly dominant and should be designed and positioned as an integral feature ofthe building.

3.6.13 Care should be taken with the location of `Ultravision’ panels which have rotatingdisplays, as these can lead to possible problems of distraction to motorists anddisturbance to residents from the motor noise.

3.6.14 Hoardings should not be located on listed buildings, nor in Conservation Areas ifthey will adversely affect the character and appearance of such areas.

3.6.15 Developers and advertisers will be expected, where appropriate, to provide

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amenity space or landscaping on vacant sites or forecourts in conjunction with free-standing advertisement displays and will be expected to be responsible for theirsatisfactory maintenance. See section 3.4 on Public Art.

3.6.16 The display of temporary hoardings around construction sites, for commercialdevelopments with full planning permission, has deemed consent under the 1992Regulations. This only applies within a month of a start on site, and during construction,and does not apply in Conservation Areas. They will not normally be appropriate inresidential areas or Conservation Areas.

Advertising on street furniture3.6.17 Freestanding poster drums and advertising on street furniture are popular formsof advertising and in certain circumstances, if properly designed, can make colourfulcontributions to the street scene. Subject to limitations, such advertisements havedeemed consent under the 1992 Regulations (Class 9).

3.6.18 Freestanding displays should relate to the street scene in terms of scale, sizeand detailed design. They may be appropriate in the following circumstances:

a As part of an overall design approach for furniture in the street,

b Where they form part of a landscaping scheme,

c Where providing a public amenity e.g. local maps or public notices, seating, toiletprovision etc,

d On exceptionally wide footways within commercial frontages.

3.6.19 Displays of advertisements on other street furniture, such as litter bins,lampposts and bus shelters, should be incorporated into the design of the structure or atleast relate to it sympathetically. Commercial advertising on bus shelters in particularshould be restricted to one illuminated double sided panel of maximum four sheet size(see section 3.2 on Community Safety). No advertising will be permitted on trees. Fixingsigns to trees by a method which damages the tree may be a criminal offence.

3.6.20 The design of all types of displays and street furniture should be related to thelocal townscape and should be architecturally appropriate to their setting as well asconsistent with the design of other furniture in the locality.

3.6.21 Illuminated displays will usually be inappropriate within Conservation Areas,outside commercial areas and close to listed buildings.

3.6.22 Under Class 6 of the 1992 Regulations, business premises may display certainadvertisements, subject to size constraints, on their own forecourt relating to goods andservices available at their premises. Where planning permission is required, freestandingsigns for individual shops will not normally be permitted as they can lead to visual clutterand are a hazard to pedestrians, particularly people with a visual impairment. TheCouncil will use its available powers to control temporary signage on the highway suchas advertising on lampposts, trees, sandwich boards and banners.

Further informationDocumentsTown & Country Planning (Control of Advertisements) Regulations, Stationery Office, 1992

Planning Policy Guidance note 19: Outdoor Advertisement Control, Department of the

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Environment, 1992.

Outdoor Advertisements and Signs - A Guide for Advertisers, Department ofEnvironment Transport and the Regions, 1997.

Circular 5/92 Town & Country Planning (Control of Advertisements) Regulations 1992,Department of the Environment, 1992

Circular 15/94 Town & Country Planning (Control of Advertisements) (Amendment)Regulations 1994, Department of the Environment, 1994

Annexe: Deemed consent – the more significant classesThe following is a summary of the more significant Classes of advertisement that havedeemed consent. The Town and Country Planning (Control of Advertisements)Regulations 1992, as amended, should be referred to for full details.

Class 2 Miscellaneous adverts relating to premises on which they are displayed:

(2b) for professional persons/partnership/company

l max size 0.3m2

l max symbol height 0.75m.

l max sign height above ground 4.6m.

l max one sign.

l no illumination (except for medical services).

(2c) for religious/cultural/recreational etc. institutions and for pub, club, hotel, hostel etc.

l max size 1.2m2

l max symbol height 0.75m.

l max sign height above ground 4.6m.

l max one sign, or 2 if entrances on different road frontages.

l no illumination (except for medical services).

Class 3 Temporary Adverts

(3a) sale or letting of land/premises (including estate agents boards)

l max 1 sign (including one per individual flat).

l only ‘for sale or let’ signs.

l removal within 14 days of completion.

l max size = residential 0.5m2 (0.6m2 conjoined boards), non-residential 2m2

(2.3m2 conjoined boards).

l max projection from building 1m.

l max symbol height 0.75m.

l max height above ground 4.6m, or lowest practicable height if relating to part of building.

l no illumination.

NOTE: Regulation 7 directions exist which require that deemed consent does not applyin respect of estate agent boards in three Conservation Areas in Camden (Hampstead

Village, South Hill Park, Swiss Cottage). See Appendix 2 for a list of streets.

(3c) building contractor’s boards

l max 1 sign per frontage.

l only while works in progress.

l there are maximum size limits (see Regulations for details)

l persons not included above can display separate advert with max 0.5m2 size oneach frontage.

l max symbol height 0.75m.

l max height above ground 4.6m.

l no illumination.

Class 4b illuminated adverts on shops and businesses:

l relating only to business, name/qualification of person carrying on business, orgoods/services sold.

l not in Conservation Areas.

l not on shop wall unless it contains shop window.

l max 1 parallel sign and 1 projecting sign.

l projecting sign = max size 0.75m2, height 1m, projection 1m (or 2/3 width offootway if less), no projection over carriageway.

l fascia sign = max projection 0.25m from wall.

l only characters to be internally or halo illuminated, not background.

l static illumination only.

l max luminance according to standards set out in Regulations

l max size 1/6th of frontage up to 4.6m height (or 1/5th of frontage up to top of sign ifless).

l max symbol height 0.75m.

l min height above ground 2.5m, max 4.6m or bottom of 1st floor windowsill if lower.

Class 5 Non-illuminated adverts on shops and businesses (including signs painted onbuildings and canopies):

l relating only to business, goods or service sold, name/qualifications of personcarrying on business.

l not on shop wall unless it contains shop window.

l max symbol height 0.75m.

l max height above ground 4.6m or bottom of 1st floor level if lower.

l no illumination

NOTE Fixed canopies and blinds used primarily for advertising are treated as advertswithin this Class, and do not require planning permission.

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Class 6 Forecourt signs for shops and businesses:

l as Class 5 above on contents.

l max 4.5m2 on any frontage.

l max symbol height 0.75m.

l max height 4.6m.

l no illumination.

Class 7 Flags: One flag attached to vertical flagpole on roof:

l only name/logo of occupier.

l referring to specific event for its duration, e.g. ‘Sale’.

l max symbol height 0.75m.

NOTE The Regulations do not apply to national flags on single vertical flagpoles. Theydo not, therefore need consent. Flags on housebuilding sites while construction is inprogress have deemed consent subject to detailed conditions, for example not allowed inConservation Areas (see 1994 Amendment Regulations).

Class 8 Hoardings around building site for which full planning permission for commercialdevelopment has been granted:

l not in Conservation Areas.

l max 3 months before work begins, max 3 years for display.

l length between 1 and 12.1m, height between 1.5 and 3.1m.

l illumination as reasonably required.

l 14 days notice to Council before erection.

Class 9 Adverts on highway structures (purpose designed, including bus shelters etc.).

l max size 2.16m2

l max symbol height 0.75m.

l max height above ground 4.6m.

l no illumination.

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3.7 Telecommunications3.7.1 This section applies to all external telecommunications apparatus, includingsatellite antennae/dishes, terrestrial microwave antennae, and cellular radioantennae/aerials. See Diagram 3.4 for illustrative definitions.

3.7.2 Government policy is that a balance has to be struck between the technologicalrequirements and limitations of such apparatus, and of telecommunications operators,and the need to safeguard the amenities of the local environment. A direct clear line ofsight is required between the antenna and the satellite or another antenna, avoiding treesand solid structures. However such apparatus can often introduce a dominant anddisruptive form to the surrounding locality. The precise siting is therefore crucial.

3.7.3 The overall objective is to ensure the siting of such apparatus minimises theimpact on the appearance and character of the building and locality, as required by UDPpolicies PU1 and PU8. This guidance puts forward good practice for the design and sitingof all apparatus. For properties in Conservation Areas reference should also be made tothe relevant Conservation Area Statement (see Appendix 3). The Conservation AreaStatements contain a description of the area and its special character as well asguidelines that provide the framework for development proposals in the area.

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Planning permission and permitted development3.7.4 The erection of any apparatus required in connection with the provision of atelecommunications service potentially needs planning permission. Certain apparatus,such as conventional television aerials, are generally considered to not be visuallysignificant enough to amount to development and they do not need planning permission.Certain other apparatus is development permitted by the Town and Country Planning(General Permitted Development) Order 1995 (as amended), and they will also not needplanning permission.

3.7.5 Apparatus that is permitted by the GPDO is always subject to it being sited soas to minimise its effect on the external appearance of the building on which it is located,and subject to it being removed when it is no longer required. If the erection of apparatusis development which is not permitted by the GPDO, the normal planning applicationprocess will apply. In addition, listed building consent will usually be required if therelevant building is listed. The GPDO does not limit this requirement. 3.7.6 Permitted development in respect of telecommunications equipment is dividedinto three parts in the GPDO - Part 24 (for Code Systems Operators), Part 25 (for mostother telecommunications development) and Part 1, Class H (for dwelling houses).3.7.7 Code Systems Operators have licences to operate as such under theTelecommunications Act 1984. They include the current mobile phone operators such asVodafone and Orange. Part 24 of the GPDO is fairly complex and detailed informationabout its provisions should be obtained from the GPDO itself. Planning Policy GuidanceNote 8:Telecommunications (2001), Circular 4/99: Planning for Telecommunications andthe Code of Best Practice (1996) can also provide useful information. Depending on thecircumstances, Part 24 permits the erection of 10m or 15m high masts so long as this isoutside a Conservation Area. Where the erection of apparatus is permitted by Part 24,and because of the terms of the Telecommunications Act 1984, the operator has to givethe local planning authority prior notice of the proposed siting and appearance of theinstallation. The authority then has 28 days to respond. Within Conservation Areas, fullplanning control continues to apply.3.7.8 Part 25 is more limited than Part 24. It covers other telecommunicationsapparatus on all properties except dwelling houses. No more than two dishes arepermitted on buildings over 15m and no more than one on buildings under 15m andhouses. A 15m high building is about 5 stories high. There are also size and locationlimits. The relevant legislation should be referred to for details. The erection of apparatuson dwelling houses is permitted by Part 1, Class H of the GPDO. A Direction underArticle 4 of the GPDO has been made which requires that the installation of satellitedishes on homes at Nos. 32-66 & 72-90 (even) South Hill Park should not take placewithout the grant of planning permission (see Appendix 1).

General guidance3.7.9 New telecommunications apparatus should respect the scale of the building orstructure to which it will be attached or will adjoin and the scale of nearby buildings. Itshould be placed as unobtrusively as possible and preferably at the rear of the propertyor within existing roof space or voids. If placed at ground level or in front of buildings,appropriate screening and landscaping should be utilised to minimise the impact.Apparatus, especially satellite dishes, breaking the skyline in street level views should beavoided.

3.7.10 Equipment should, wherever possible, be located on existing buildings,structures and masts rather than on new sites. Larger masts should be reserved for

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shared use by several antennae. Collections of individual antennae and dishes, whetheron masts or buildings, should be minimised and the shared use of one antenna betweenseveral properties or households will be encouraged, particularly in the design stage ofnew buildings. Communal satellite TV systems (or SMATV) sharing one antenna areespecially suitable for tower blocks or flats (including houses in multiple occupation).Equipment on tall buildings should not be larger than the prescribed permitteddevelopment limits in order to be in scale with those buildings. On small commercialproperties and houses, use of only one satellite dish per building will normally beexpected.

3.7.11 All apparatus should be of the smallest practicable size, and where possible,should be appropriately coloured to blend with their surroundings rather than contrastingconspicuously with them, for example the use of coloured, mesh or transparent satellitedishes. Views from nearby streets, local parks, neighbouring buildings and highviewpoints, such as Primrose Hill and Hampstead Heath, should not be adverselyaffected. The fixing of antennae and supporting structures onto buildings should be ableto withstand high winds or turbulence.

3.7.12 New developments should be designed to take into account thetelecommunications needs of prospective occupiers and should incorporate undergroundcable ducting, communal antennae systems, and screened sites for any other apparatus.In order to reduce clutter, redundant equipment should be removed as soon aspracticable when no longer required.

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Residential areas3.7.13 Proposals for apparatus should not adversely affect the character of existingresidential areas. See Diagram 3.5 for acceptable and unacceptable locations of satellitedishes.

3.7.14 In particular, apparatus should not normally be installed in the following locations:

a On or in front of front walls of buildings.

b On front roofs, chimney stacks or projecting above the roof line, unless hidden fromstreet-level views by a parapet or other roof top structure, such as a plantroom.

c On side and rear walls and roofs where prominent in the street scene.

d At ground level in front gardens or forecourts, unless adequately screened from thestreet and adjoining properties by appropriate landscaping or walls, full details of which willbe required in order to assess acceptability.

e In any other position which is visually prominent from the street or other publicareas.

f In close proximity to windows and doors of neighbouring residential properties.

3.7.15 Proposals for apparatus on or within the curtilage of listed buildings will notnormally be permitted where they would adversely affect their character or setting. InConservation Areas or where important views need to be respected, great care willneed to be taken to ensure satisfactory design, siting and appearance. The criteria usedfor residential areas set out above will also apply here. Listed building consent will berequired in addition to any planning permission for equipment on listed buildings.

3.7.16 Any planning permission for telecommunications apparatus will normally bemade subject to a standard condition which requires the removal of redundant apparatusas soon as practicable when no longer required to ensure a minimum of technologicalclutter.

Further informationPlanning Policy Guidance Note 8: Telecommunications, Department of theEnvironment, 2001.

A Householders Planning Guide for the Installation of Satellite Television Dishes,Department of Environment, Transport and the Regions, 1998.

Telecommunications Prior Approval Procedures - Code of Best Practice, Department ofEnvironment, Transport and the Regions, 1996.

Circular 4/99: Planning for Telecommunications, Department of Environment, Transportand the Regions, 1999

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3.8 Demolition3.8.1 It will not always be clear whether the Council’s approval is required fordemolition. It is strongly advised that the Council’s planning service should be consultedbefore any type of demolition takes place. The particular circumstances of each case willdetermine whether planning permission and/or either listed building consent orConservation Area consent are required. The following guidance is not comprehensiveand is only intended to illustrate the general characteristics of the regime. For propertiesin Conservation Areas reference should also be made to the relevant Conservation AreaStatement (see Appendix 3). The Conservation Area Statements contain a description ofthe area and its special character as well as guidelines that provide the framework fordevelopment proposals in the area.

3.8.2 Planning permission is not usually required for the total demolition of buildings.However, in the case of residential or part-residential buildings, or buildings adjoiningresidential buildings, the Council must be notified first. The Council may then require theprior approval of the method of demolition. Planning permission may be required forpartial demolition where the external appearance of a building is affected.

3.8.3 Listed building consent will always be required for the total, or substantial,demolition of listed buildings. Partial demolition, whether internal or external, will alsoprobably need listed building consent. It is an objective of Government policy to secure thepreservation of historic buildings, and the Council will, except in the most exceptionalcircumstances, resist the demolition of listed buildings (see UDP policy EN38).

3.8.4 Any partial demolition involving a listed building should reflect the following guidance:

a It should avoid the loss of features considered to contribute to the special characteror appearance of the building.

b It may be acceptable if it removes a discordant feature added at a later date thatdetracts from the character of the building. It should, however, be noted that subsequentadditions to an earlier building represent part of a building’s organic history and are oftenof interest in their own right. Good later features should not be removed in order to restorea building to its earlier form.

c It should ensure the protection/preservation of the building.

3.8.5 The Council must be consulted before any demolition works to listed buildingsare undertaken in order to ascertain the necessity for an application and so that theacceptability of the proposed works and methods can be discussed. Demolition oralteration without authorisation from the Council is an offence, which may result inprosecution, and upon conviction a fine or imprisonment or both.

Conservation areas3.8.6 Conservation Area consent will always be required for the total or substantialdemolition of unlisted buildings in Conservation Areas unless the building is less than 50cubic metres or the demolition involves a garden wall that is over 2 metres high or 1metre where it fronts a highway. In most cases the Council will seek to encourage theretention and restoration of buildings in Conservation Areas (UDP policies EN32 andEN33). Each application will be treated on its merits but the following table illustrates theCouncil’s likely response to applications for Conservation Area consent:

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Description Of Existing Building a Where the proposed new development is whollyinappropriate for the Conservation Area and is likelyto detract from its character, or

b Potentially listed building- after restoration and replacement of features- or a well designed building of 1840-1939- or a modern building of good design built since

1939 not yet covered by Department of Culture,Media and Sport criteria, or

c Where the building provides a good setting for alisted or important building, or

d A building makes a positive contribution to thecharacter of the locality, or

e A building is an example of an unusual or specialbuilding form or use in the area, where interiorlayout and features are good examples of their kindand capable of retention, where the building hasimportant historical associations, or

f Where a building is reasonably capable of beingkept in use and

l is part of an overall street design, or

l is part of an estate development where thevarious buildings create the local character, or

g Where no planning permission exists for areplacement building, except for buildings incategory 2 d below.

a Where the proposed new building work (whethernew build or adaptations) is likely to enhance theConservation Area to an appreciably greater extentthan the existing building and will not involvedemolition of a building included within categories1b to 1f above.

b Where the building is not capable of beingretained in use because of its structural condition,unless the building has been deliberately allowed tofall into disrepair in order to justify its subsequentredevelopment. Evidence such as structural surveyswill be required by the Council in such cases.

c Where the structure can be re-erected on asuitable site without loss to the character of theConservation Area.

d Where the existing building is whollyinappropriate for the Conservation Area and detractsfrom it’s character.

Guidance1 Consent for demolition unlikelyto be granted

2 Consent for demolition may be granted

Environmental protection3.8.7 In all cases involving demolition, the Councilseeks to ensure that the appropriate measures aretaken to ensure that amenities and the environmentare protected during the demolition process. It willapply the relevant policies, standards and guidelinesin order to do so. Consent for demolition willgenerally be subject to a condition requiring that thework shall not be carried out until a building contractfor the new works has been signed, to avoid creatingvacant or unkempt sites.

3.8.8 All works of demolition should be undertakenin a way that minimises the impact on the localenvironment and amenities. The Council’s standardsand guidelines regarding noise and pollution, safetyand sustainability of development should be followedwherever possible.

3.8.9 Where planning applications have beenmade, the Council may seek an agreement underSection 106 of the Town and Country Planning Act1990 to ensure that demolition within a ConservationArea is linked to the implementation of an approvedreplacement scheme (see section 3.9 on PlanningObligations). More generally such agreements may

also be used to ensure that appropriate measures are taken to protect the environmentduring the demolition process where other controls may not exist. All works of demolitionshould be undertaken in a way that minimises their impact on the local environment andamenities (UDP policy EN7).

3.8.10 The Council’s Contractors’ Guidance Note on Noise and Dust Control fromConstruction and Demolition Sites (1999) gives guidance on the appropriate regulationsand procedures relating to demolition works and other development, and this is availableon request.

3.8.11 The Council’s Building Control Officers have powers relating to structures thatbecome dangerous through works of demolition under the London Building (Amendment)Act 1939. It is the responsibility of developers to ensure that buildings are not in any wayrendered dangerous due to demolition works, the public are protected from dangers suchas falling masonry, and that children are prevented from entering the buildings beingtaken down.

3.8.12 The Council has further powers relating to the control of noise, dust, smoke andair pollution through the Control of Pollution Act 1974, Clean Air Acts 1993, Control ofSubstances Hazardous to Health Regulations 1988, Health and Safety at Work Act 1974,and the Environmental Protection Act 1990. Developers are advised to consult theCouncil’s Environmental Health Service to ensure that the necessary requirements aresatisfied.

3.8.13 Care should also be taken to consult with the various utilities likely to be affectedand precautionary measures taken where appropriate. The Wildlife and Conservation Act1981 covers the protection of wild birds, animals and plants as well as the conservationof nature, and care should be taken to ensure protection and minimum disturbance.

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Further informationDocumentsContractors’ Guidance Note on Noise and Dust Control from Construction andDemolition Sites, Camden Council, (1999)

Acts of Parliament:

London Building (Amendment) Act 1939

Control of Pollution Act 1974

Clean Air Acts 1993

Control of Substances Hazardous to Health Regulations 1988

Health and Safety at Work Act 1974

Environmental Protection Act 1990

Wildlife and Conservation Act 1981

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3.9 Planning obligationsIntroduction3.9.1 This section provides an indication of what may be required when adevelopment proposal is considered by the Council to need a planning obligation undersection 106 of the Town and Country Planning Act 1990 in order to recommend it forapproval.

3.9.2 Circular 1/97 on planning obligations suggests that to retain public confidence inthe planning system, negotiations on planning obligations should be conducted in a waywhich is seen to be fair, open and reasonable. By adopting this approach, Camdenbelieves that planning obligations can enhance the quality of development and enableproposals to go ahead which might otherwise be refused. UDP policy RE6 is the relevantUDP policy.

Legal context3.9.3 The power of a local planning authority to enter into a planning obligation withthe owner of land in its area is contained within section 106 of the Town and CountryPlanning Act 1990 (as amended). Planning obligations made under section 106comprise both planning agreements and unilateral undertakings. Government advice onthe application of section 106 is contained within Circular 1/97: Planning Obligations. 3.9.4 A planning obligation:

l May restrict the development or use of the land, require specified operation oractivities to be carried out, require land to be used in some specified way, or require cashpayments to be made.

l May either be positive, as in requiring a person to do a specified thing, or negative,as in restricting the person from using land in a specified way.

l May be entered into either by agreement with the local authority or by anundertaking by the developer to which the local planning authority is not a party (such asunilateral undertakings in appeal cases).

l Must be entered into by means of a Deed (which can later be varied if necessary).

l Must be registered as a local land charge (for the purposes of the Local LandCharges Act 1975).

l Runs with the land and may be enforced not only against the person entering intoit, but also against successors in title.

l Can be enforced by means of injunction.

3.9.5 Circular 1/97: Planning Obligations advises that amongst other factors, planningobligations should be sought only where they meet the following tests:

l Necessary.

l Relevant to planning.

l Directly related to the proposed development.

l Fairly and reasonably related in scale and kind to the proposed development.

l Reasonable in all other respects.

3.9.6 Whilst these are not statutory tests, Camden will always have regard to theCircular. Every planning application is treated on its planning merits, and Camden, inaccordance with Circular 1/97: Planning Obligations, believes that unacceptable

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development should never be permitted because of unnecessary or unrelated benefitsoffered by the applicant. Planning obligations can relate to matters other than thosecovered by a planning permission, provided that there is a direct relationship between theplanning obligation and the planning permission. Obligations though, will not be sought oraccepted where this connection does not exist or is considered to be too remote.

UDP Policy context3.9.7 Camden’s principal policy framework relating to section 106 planning obligationsis contained in UDP policy RE6. This UDP policy is worded to reflect the advice and testswithin Circular 1/97 and states:

In determining applications for planning permission, the Council will take intoconsideration the nature, scale and location of the proposed development and, inappropriate circumstances where the need arises directly from the development, willseek contributions towards or a planning obligation under s.106 of the Town andCountry Planning Act 1990 (as amended) to secure modifications or improvements tothe proposals submitted. These may include:

a improvements or a contribution towards improvement of the public and communitytransport system within and without the site to cater for the increase in trips attractedby the development;

b the provision of reasonable amounts of open space, improved pedestrian and cycleaccess, landscaped areas and other environmental schemes required by thedevelopment or intended to offset the loss of, or impact on, any amenity or resource onthe site prior to development;

c the conservation and enhancement of buildings, structures or places of historic orarchitectural interest and Sites of Nature Conservation Importance, including thosewhich do not otherwise form part of the proposal but which will be adversely affectedby it;

d the provision of appropriate social, educational, recreational, sporting or othercommunity facilities, the need for which arises directly from the development or its impact;

e the inclusion of an element of affordable housing in a larger residential development;

f the provision of public facilities and services appropriate to the scale, nature andlocation of retail development;

g securing an acceptable balance of uses in a mixed development.

The achievement of planning benefits that are not essential to the grant of planningpermission (through a planning obligation or unilateral undertaking) will not, in itself,render acceptable a proposal that is not in general accord with the Plan’s objectives,policies, standards and proposals.

3.9.8 The justification states, inter alia: The Council will always seek to ensure thatthe extent of what is required is fairly and reasonably related in scale and kind to theproposed development......a planning obligation will only be sought where the Councilconsiders that specific improvements are necessary to the granting ofpermission......Planning obligations will only be sought where it is not possible to dealwith the matter through the imposition of a condition.

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Procedure3.9.9 Most planning proposals will not require a section 106 planning obligation. Thecircumstances where an obligation will be required will be determined by the precisemerits of the case, taking in to account the location, scale and nature of the proposal.

3.9.10 In most cases, the Development Control Officer dealing with the planningapplication will be the initial point of contact and can advise on the likely need for anobligation. This could be at the pre-application discussion stage, or when a planningapplication is submitted. Where planning briefs have been prepared for specific sites,potential section 106 requirements will be outlined in the brief.

3.9.11 Once the Planning Officer dealing with the planning application or pre-application discussion has indicated that a section 106 obligation might be required inorder for that development to be acceptable, Camden will provide relevantsupplementary planning guidance and other documentation which will cover the mainelements of any potential obligation. It is hoped this will minimise delays, and speed upthe planning process. At this stage a meeting with the Development Control Officerdealing with the application will be helpful in establishing what detailed planningrequirements the Council will be likely to have.

3.9.12 The Council’s solicitor cannot be instructed until they have been provided withthe name and contact number of the solicitor, information concerning landownership(Annexe 1), and an undertaking to pay the Council’s costs in preparing and monitoringthe obligation. This should be done at the earliest possible stage.

3.9.13 It should be noted that the Council will require the applicant to meet the legalcost of preparing a section 106 obligation. These costs will be payable whether or not thematter proceeds to completion. The cost of monitoring and overseeing an agreement willalso need to be met by the applicant if the agreement is signed (Annexe 2).

3.9.14 If it is found that a section 106 obligation is required in order to recommend aparticular application for approval, Heads of Terms will need to be agreed in principle withthe Development Control Officer dealing with the case prior to the application beingconsidered by the Council’s General Purposes (Development Control) Sub Committee.The Heads of Terms will be included in the Committee report which is a public document,as recommended by the Third Report of the Committee on Standards in Public Life:Standards of Conduct in Local Government (1997).

3.9.15 The Sub Committee will decide whether to approve the application subject to theconclusion of a section 106 obligation securing the matters set out in the Heads ofTerms. Assuming the Sub Committee does approve the application in principle, theCouncils’ solicitor will then be instructed to prepare a first draft of the obligation in thestandard format. For consistency and efficiency, the Council does not accept draftobligations prepared by applicants’ solicitors.

3.9.16 The Council is aware that there may be financial consequences for developersentering into an obligation, and can take into account the viability of any proposedschemes if this is material, (though it should be borne in mind that the purpose of aplanning obligation is to secure an acceptable development, hence if a planningrequirement benefit cannot be met, the application would usually be recommended forrefusal). The Council can arrange independent valuations of schemes if a developerconsiders that the scheme could not viably support a necessary obligation. This willrequire the applicant to adopt an ‘open book’ approach, and any information supplied canbe treated as confidential. If this is considered necessary, the Council will give details of

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the information required. The cost of such an appraisal will need to be met by theapplicant.

Matters that may be included in an obligation3.9.17 There are broadly two types of section 106 obligations, ‘regulatory’ (i.e. seekingto restrict uses or activities) and ‘beneficial’ (i.e. providing monies or facilities). Clausesrelating to both types may be included within a single obligation. A standard section 106planning obligation is attached for information as Annexe 3.

3.9.18 The following are examples of matters that may be included in a planning obligation:

1 Affordable housing.

2 Car free housing and clear zones.

3 Public highways improvements and restrictions.

4 Public and community transport initiatives.

5 Management plans such as green travel plans or traffic management schemes.

6 Cycle access and provision.

7 Pedestrian access.

8 Disabled access.

9 Construction works.

10 Obligations to mitigate the impact of construction activity and construction workinggroups.

11 Conservation or enhancement of buildings, structures, or places of historic orarchitectural interest.

12 Environmental improvements involving payment to the Council.

13 New or improved landscaped areas, open spaces, trees or other environmentalimprovement schemes on privately owned land (on or off-site)

14 The creation or enhancement of nature conservation sites.

15 Improvements to Council-owned parks and open spaces.

16 Street or highway trees.

17 Energy efficiency, building efficiency, materials, renewable energy.

18 Waste management, recycling and litter management.

19 Acceptable balance of uses in mixed use developments.

20 Restrictions and obligations on the use of land.

21 Community facilities and premises, and access thereto.

22 Training and employment.

23 Education facilities and contributions.

24 Links to regeneration initiatives such as SRB projects and Partnerships.

25 Town Centre Management contributions.

26 Tourism and visitor facilities.

27 Canal Improvements.

28 Public Art.

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29 Public safety and crime reduction.

30 Land charges and legal and monitoring costs.

3.9.19 This list is not exhaustive. Each planning application and section 106 obligationwill be dealt with individually on its merits and restrictions and requirements not on thislist may also be needed.

Further informationDocumentsCircular 1/97 Planning Obligations, Department of Environment, Transport and theRegions, 1997

The Third Report of the Committee on Standards in Public Life: Standards of Conductin Local Government, Stationery Office (Cm 3702-1), 1997

Planning Obligations: Information Pack, Camden Council, 2000

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Annexe 1Information Required To Draw Up a Section 106 PlanningObligationTown and Country Planning Act 1990 (as amended)

Section 106 Planning Obligation

Please supply the following information and return to

Aidan Brookes, Commercial Law Team, Legal Services, Room 223, Town Hall, JuddStreet, WC1H 9LP.

l Name of Property:

l Planning Registration No:

l Applicant

l Name, address and telephone number of legal representative:

l Evidence of the title for the above property, by way of current HM Land Registryoffice copies, although this information may be subsequently provide by your legalrepresentative

Title evidence attached YES/NO

Title evidence being compiled and will be forwarded YES/NO

Please note that all parties with an interest in the property (i.e. lessees and mortgagees)must be a party to the agreement.

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ANNEXE 2Undertaking to pay the Council’s costs of preparing, monitoring andoverseeing a Section 106 planning obligationThis is an undertaking that you will meet the Council’s costs incurred in connection withthe agreement, including drafting, preparation, monitoring and overseeing costs. Thesecosts will be payable whether or not the Agreement proceeds to completion. YES/NO

If Yes please fill in the following declaration

I of undertake on behalf of (applicant) to ensure thatthe Council’s fees in preparation of the above Agreement will be met in full whether ornot the Agreement is completed. If the agreement takes 3 months or more to complete, Iundertake to make payments on account as may be required by the Council.

Signed by:

Name in Capitals:

For and on behalf of (applicant):

Date:

Annexe 3 Standard Section 106 planning obligation

PLANNING OBLIGATION REFERENCE NUMBER: [ ]

DATED [ ] of [ ] 200[ ]

(1) [ ] LIMITED (Company Registration No. [ ]

-and-

(2) THE MAYOR AND BURGESSES OFTHE LONDON BOROUGH OF CAMDEN

AGREEMENTRelating to Development at [ ]

Pursuant to Section106 of the Town and Country

Planning Act 1990 (as amended)

Alison LowtonBorough Solicitor

London Borough of CamdenTown Hall

Judd StreetLondon WC1H 9LP

Ref: CLS/CLT/100[ ]

Tel:020 7974 [ ]

Fax: 020 7974 [ ]

S:/abr/plan/106.[ ]

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THIS AGREEMENT is made the [ ] day of [ ] 200[ ]

BETWEEN:

(1) [ ] LIMITED (Company Registration No. [ ]) whose registered officeis situate at [ ] (‘the Owner’) of the first part

(2) THE MAYOR AND BURGESSES OF THE LONDON BOROUGH OF CAMDEN(hereinafter called ‘the Council ‘) of Town Hall Judd Street, London, WC1H 9LP of thesecond part

Whereasa The Owner is registered as the Proprietor with Title Absolute at HM Land Registryunder Title Numbers [ ] in respect of the Property.b A planning application (‘the Application’) was submitted by the Owner to the Councilon [ ] in respect of the Property and granted permission conditionally underreference number [ ] subject to the conclusion of this Agreement.c The Council is the local planning authority for the purposes of the Act and for thearea within which the Property is situated and for the purposes of enforcing planningobligations pursuant to Section 106 of the Act.d The Council consider it expedient in the interests of the proper planning of its areathat the Development of the Property should be restricted or regulated in accordance withthis Agreement.For that purpose the parties are willing to enter into this Agreement pursuant to theprovisions of Section 106 of the Act.

1 DefinitionsIn this Agreement the following expressions (arranged in alphabetical order) shall unlessthe context otherwise requires have the following meanings:-1.1 ‘the Act’ the Town and Country Planning 1990 (as amended by the Planning andCompensation Act 1991)1.2 ‘the Agreement’ this Planning Obligation made pursuant to Section 106 of the Act 1.3 ‘the Application’ the planning application for development at the Propertysubmitted to the Council on [ ] and granted permission conditionally underreference number [ ] subject to the conclusion of this Agreement.1.4 ‘the Development’ the proposal for development at the Property as set out in theApplication [ ].1.5 ‘Implementation’the implementation of the Development by the carrying out of amaterial operation as defined in Section 56 of the Act (and the date of suchImplementation shall be referred to as the ‘Implementation Date’). 1.6 ‘Occupation Date’ the earliest date when any part of the Development isoccupied for any purpose1.7 ‘the Planning Permission’ a planning permission granted in respect of theApplication.

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1.8 ‘the Property’ [ ] which for the purposes of identification only is shownedged red on Plan [ ] annexed hereto

2 NOW THIS DEED WITNESSETH as follows: -2.1 This Agreement is entered into by the Owner in relation to the Property to theextent that its provisions constitute planning obligations under Section 106 of the Act andsuch obligations herein shall be enforceable by the Council and to the extent that itsprovisions are not planning obligations they shall be enforceable under any other relevantpowers of the Council.

2.2 It is hereby agreed between the parties that save for the provisions of clauses[ ] and [ ] (in their entirety) and sub clauses [ ] below all of which clausesand sub clauses shall come into effect on the date hereof any covenants undertakingsand obligations contained within this Agreement shall become binding upon the Ownerupon the Implementation Date.

2.3 The expressions ‘the Owner’ and ‘the Council’ shall include their successors intitle and their assigns.

2.4 If the Planning Permission is quashed or revoked or lapses withoutImplementation this Agreement shall cease to have effect with respect to that permissionand all entries relating to it on the Register of Local Land Charges shall be deleted (atthe Owner’s expense) should the Owner so request the Council in writing.

3 The Owner hereby covenants with the council: -3.1 [ ]

4 NOTICE TO THE COUNCIL/OTHER MATTERS4.1 The Owner shall give written notice to the Council on or prior to the ImplementationDate specifying that Implementation of the Development has taken or is about to takeplace.

4.2 The Owner shall give written notice to the Council on or prior to the date of theOccupation Date specifying that occupation of the Development has taken or is about totake place.

4.3 The Owner agrees declares and covenants with the Council that it shall observeand perform the conditions restrictions and other matters mentioned herein and that itshall not make any claim for compensation in respect of any condition restriction orprovision imposed by this Agreement and further shall indemnify the Council for anyexpenses or liability arising to the Council in respect of breach by the Owner of anyobligations contained herein.

5 IT IS HEREBY AGREED AND DECLARED by the parties hereto that: -

5.1 The provisions of Section 196 of the Law of Property Act 1925 (as amended)shall apply to any notice or approval to be served under or in connection with thisAgreement and any such notice or approval shall be in writing and shall specifically referto the name, date and parties to the Agreement and shall cite the number and clause ofthe Agreement to which it relates and in the case of notice to the Council shall beaddressed to the London Borough of Camden, Planning Obligations Officer, Sites and

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Projects Team, Planning Division, Environment Department, Town Hall Annexe, ArgyleStreet, London WC1H 9LP and any notice or approval of the Council shall be signed by arepresentative of the Council’s Environment Department.

5.2 Payment of any money under this Agreement shall be made by the Ownersending the full amount payable in the form of a Banker’s Draft or Solicitors clientaccount cheque within the time specified in this Agreement to the Council together with aletter specifically referring to the name date and parties to the Agreement and citing thenumber and clause of the Agreement to which the relevant sum relates and identifyingwhich portion of the amount relates such to any sum calculated to take account ofinflation in accordance with the terms of this Agreement to be addressed to the Financeand Business Unit, Environment Department, Camden Town Hall, Argyle Street, LondonWC1H 8EQ.

5.3 This Agreement shall be registered as a Local Land Charge.

5.4 The Owner agrees to pay the Council its proper and reasonable costs incurredin preparing and monitoring / overseeing this Agreement on or prior to the date ofcompletion of the Agreement.

5.5 The Owner hereby covenants with the Council that it will within 28 days from thedate lodge its Land or Charge Certificates in relation to the Property with HM LandRegistry and apply to the Chief Land Registrar to register this Agreement in the ChargesRegister thereof and will furnish the Council forthwith on written demand with officecopies of such titles to show the entry of this Agreement in the Charges Register of thetitle to the Property.

5.6 Each party shall act in good faith and shall co-operate with the other to facilitatethe discharge and performance of all obligations contained herein and the Owner shallcomply with any reasonable requests of the Council to have access to any part of theProperty or any requests to provide documentation within the Owner’s possession (at theOwner’s expense) for the purposes of monitoring compliance with the obligationscontained herein.

5.7 Nothing contained or implied in this Agreement shall prejudice or affect theCouncil’s powers to enforce any specific obligation term or condition nor shall anythingcontained or implied herein prejudice or affect any provisions, rights, powers, duties andobligations of the Council in the exercise of its functions as Local Planning Authority forthe purposes of the Act or as a local authority generally and its rights, powers, duties andobligations under all public and private statutes, bye laws and regulations may be as fullyand effectually exercised as if the Council were not a party to this Agreement.

5.8 Insofar as different parts of the Property are owned or become owned bydifferent persons and therefore the term ‘the Owner’ consequently comprises more thanone person the Owner covenants with the Council on behalf of any successors in titlethat each such person who owns an interest in the Property shall co-operate insofar asthey are able with all other persons holding an interest in the Property and shall doanything reasonably necessary so as to ensure that the covenants herein expressed tobe made on behalf of ‘the Owner’ are fulfilled as expeditiously as possible.

5.9 The Council hereby covenants with the Owner that it will issue the PlanningPermission within 7 days of the date of this Agreement.

5.10 All consideration given in accordance with the terms of this Agreement shall beexclusive of any value added tax properly payable in respect thereof and the Owner shallpay and indemnify the Council against any such value added tax properly payable on any

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sums paid to the Council under this Agreement upon presentation of an appropriatevalue added tax invoice addressed to the Owner.

5.11 Any sums referred to in this Agreement as payable or to be applied by theOwner under this Agreement shall be paid or applied TOGETHER WITH if such paymentor application is made more than three months from the date of this Agreement a furthersum being equal to the original sum payable multiplied by a figure being a fraction ofwhich the All Items of Retail Prices (‘the AIIRP’) figure published by the Central StatisticalOffice at the date hereof is the denominator and the last AIIRP figure published beforethe date such payment or application is made less the last published AIIRP figure at thedate hereof is the numerator.

5.12 All costs and expenses payable to the Council under this Agreement shall bearinterest at the rate of 4% above the Base Rate of the National Westminster Bank plcfrom time to time being charged from the date such payment is due until payment ismade.

IN WITNESS whereof the Owner and the Council has caused their respective CommonSeals to be affixed the day and year first above written

THE COMMON SEAL OF THE MAYOR )

AND BURGESSES OF THE LONDON )

BOROUGH OF CAMDEN )

was hereunto affixed )

in the presence of: -

..............................

Authorised Signatory

SIGNED AS A DEED BY LIMITED )

in the )

presence of :- )

...............................

Director

...............................

Director/Secretary

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3.10 Works to public highwaysIntroduction3.10.1 Some development proposals will require works to be carried out on existingpublic highways in order for the development to be deemed acceptable. These works,such as junction alterations or improvements, traffic calming schemes or pavementworks, will be required either at the development site, or in the vicinity. In thesesituations, an agreement under Section 106 of the Town and Country Planning Act 1990(as amended) and Section 278 of the Highways Act 1980 (as amended) will be requiredto secure funding for these improvements and to ensure implementation to a specifiedstandard.

3.10.2 Section 3.9 provides general information about planning obligations and shouldbe read in conjunction with this section.

3.10.3 Highway Authorities have responsibilities for maintaining public highways. Underthe Highways Act 1980 (as amended) Camden Council is the Highway Authority for mostpublic highways in the Borough. These are called “Borough Roads”. Transport forLondon is the Highway Authority for the remainder. These are now called “GLA Roads”and were previously known as Trunk Roads.

Principles3.10.4 There are two main ways for public highways works on Borough Roads to beundertaken through a section 106 / 278 obligation. In both cases, the Council willexercise control over the design of the works and be responsible for the implementationof the scheme.

1 The Council can design and carry out these works at the developer’s expense.Or,

2 The developer can (with the Council’s agreement) design the works themselvesat their own expense to a specification set by the Council. The Council will then undertakethese works at the developer’s expense.

3.10.5 Occasionally where very minor works are involved, the Council may allow thedeveloper to undertake the works on the Council’s behalf (under Council supervision). Invery limited circumstances (e.g. where a Borough Road is not maintainable at the publicexpense, or only minor works are involved), a scheme could be designed andimplemented by the developer, although the Council’s Transportation EngineeringSection would still need to instruct and approve the scheme.

3.10.6 The Council will always have the right to intervene (at the developer’s expense)if any works are not to the Council’s reasonable satisfaction.

3.10.7 The particular approach to be followed will need to be agreed with the Councilbefore the obligation can be completed.

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3.10.8 In all cases the highways works will need to be completed within an agreedtimescale. In some situations where works to the highway are necessary to allow thedevelopment to commence, the highway works will need to be completed before theworks approved by the planning permission are started.

3.10.9 The Council will secure payment of required highways works by preparing anestimate (including contingencies and fees) for the scheme that the developer will berequired to pay before commencing development. The agreement will provide for asubsequent adjustment to be made if actual costs exceed the amount paid, up to amaximum figure, usually agreed through the planning obligation.

3.10.10 The Council will provide a maximum cost and the obligation will commit theCouncil to repay any unspent monies. All scheme costings will include a design fee and asupervision/contract fee, and all sums will be indexed linked from the date the agreementis signed.

3.10.11 The developer will also be required to pay the Council’s costs in respect of anynecessary traffic management orders related to the works.

3.10.12 For planning applications located on GLA roads or affecting a GLA road, thelocal planning authority will consult with Transport for London regarding the suitability ofthe proposed scheme. Where the development would involve an alteration to a GLA roador a new access onto a GLA road, Transport for London has ultimate responsibility forindicating what is acceptable.

Procedure3.10.13 As part of pre-application discussions or the processing of a planningapplication, it may be considered that road or pavement improvement/alteration worksmay be necessary for the proposed development to be acceptable in planning terms. Inthese instances, the Development Control officer will give the name of a contact officer inthe Transportation Engineering Section to the applicant /agent, to discuss the highwaysissues, costings and phasing.

3.10.14 A scheme (or a range of schemes) will then be drawn up either by the Council’sTransportation Engineering Section, or by the applicant/agent (which will need to beapproved by the Council’s Transportation Engineering Section). Detailed or estimatedcosts will then be provided to the developer. Once the design of a scheme has beenagreed, details and costs will be passed to the Development Control Officer dealing withthe planning application. These will then form the Heads of Terms, which will be includedin the Committee Report on the application to be considered by the Council’s GeneralPurposes (Development Control) Sub Committee. At this stage, prior to consideration atCommittee, the applicant should agree the phasing programme for the works with theTransportation Engineering Section.

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3.10.15 The Sub Committee will decide whether to approve the application subject tothe signing of a legal agreement securing the matters set out in the Heads of Terms.Should the Sub Committee approve the application in principle, the Council’s solicitor willthen be instructed to prepare a first draft of the agreement. The amount to be paid will bespecified in the agreement (and be index linked from the date of the agreement). Whenall details have been agreed, the agreement can then be signed and planning permissiongranted. The Council’s Transportation Engineering Section will programme andcommission the works. At all stages the developer should keep the TransportationEngineering Section informed of the phasing / programming of the development.

3.10.16 The Council’s Transportation Engineering Section will monitor the scheme’sprogress, and will liaise with the developer throughout the process, informing them whenthe highway works are completed and payments are due.

Further informationConsultation DetailsWorks to Public Highways was approved for public consultation in January 2001 by theEnvironment Committee. Following public consultation, the revised version wasadopted by the Executive Environment sub-group as supplementary planning guidanceon 12 December 2001.

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3.11 Town centre management contributions

Introduction3.11.1 There are three areas of the Borough (Camden Town, Finchley Road/SwissCottage and Kilburn High Road) which are designated as Major Town Centres inCamden’s Unitary Development Plan. These centres play a key role in the local andBorough-wide economy, as well as being a focus of social and leisure activity forCamden residents, workers and visitors. These town centres are also subject tosignificant development pressures as a result of their retail and leisure functions, andtheir strategic position within the London economy.

3.11.2 The Council wishes to ensure that new development in its town centres is fullysustainable, and that their vitality and viability is maintained. The Council has appointeda number of Town Centre Managers to co-ordinate their management and improve theirefficiency and attractiveness.

3.11.3 Camden Town and Kilburn High Road Major Centres currently have formalBusiness Plans that contain specific improvement objectives for the town centres, and asimilar plan is being prepared for Finchley Road/Swiss Cottage. Examples of initiativesincluded in the plans are the creation of high-quality public spaces, enhanced safety andsecurity measures, improvements to cleansing and street enforcement, shopfront grants,and repaving projects. Town Centre Management contributions may also be sought fromother identified centres as additional Town Centre Management schemes areestablished.

Policy Context3.11.4 Camden’s Unitary Development Plan Policy SH2 sets out the Council’s positionon improvements to the shopping environment such as the provision of lighting, streetfurniture, bus shelters, signing, litter bins and public conveniences. The justification to thepolicy makes specific reference to the key role played by the Council’s Town CentreManagers in enhancing the effective management and promotion of the Centres as awhole. UDP Policy RE6 (f) is also relevant to retail developments in these areas.

3.11.5 Camden’s approach is supported by current Government thinking and planningpolicy, for example, Planning Policy Guidance Note 6:Town Centres and RetailDevelopment (1996) promotes town centres and supports the town centre managementprinciple (para. 2.3 and Annex C). One of the Government’s main objectives is to sustainand enhance the vitality and viability of town centres.

3.11.6 The recent Government White Paper “Our Towns and Cities: The Future -Delivering an Urban Renaissance”, also stresses the importance of town centremanagement in developing a shared vision, creating strategy appropriate to local contextand implementing an action plan. It also suggests the possibility of Town ImprovementSchemes (TISs) that would allow local authorities and local businesses to work togetherto put in place local projects to improve the environment in town centres.

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When will planning contributions be required?3.11.7 Where an otherwise acceptable development proposal is considered by theCouncil to be likely to result in adverse or unacceptable impact on any of Camden’s TownCentres, (whether individually or cumulatively), which would affect the quality of the localenvironment or economy, the Council will seek a financial contribution. This contributionwill be used by the town centre management team to manage the impact. The financialcontribution would be secured via a section 106 planning obligation. Further details onplanning obligations are given in section 3.9.

3.11.8 The level of contribution will be based on the potential impact on the TownCentre and its locality, and the particular uses (or mix of uses) proposed. Any financialcontribution would be fairly and reasonably related in scale and kind to the proposeddevelopment and would be index-linked from the date of the obligation to protect itsvalue. Contributions will not be sought where there is no identifiable adverse impact.

3.11.9 The scale and need for contributions from social and community uses, and fromaffordable housing schemes will be very carefully assessed to avoid prejudicing otherUDP objectives.

Use and monitoring of town centre management contributions3.11.10 Contributions will be spent on implementing the area Business Plans, or onother improvements to the town centres to mitigate the impact of proposeddevelopments. This may include funding dedicated Town Centre Management staff. TheEnvironment Department and Town Centre Managers will keep full records of whatmoney is received from the fund, and when and where it is spent.

Further Information DocumentsPlanning Policy Guidance Note 6: Town Centres and Retail Development (1996)

Consultation DetailsTown Centre Management Contributions was approved for public consultation inJanuary 2001 by the Environment Committee. Following public consultation, therevised version was adopted by the Executive Environment sub-group assupplementary planning guidance on 12 December 2001.

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3.12 Training and employment

Introduction3.12.1 Local employment and training initiatives can enhance commercial developmentschemes and can benefit employers and local communities by providing local staff. Theycan offer training and skills to local residents and help reduce social exclusion. They canalso help reduce pollution by reducing journey to work distances.

3.12.2 Camden’s Unitary Development Plan does not contain policies directly relating totraining and employment provision through planning obligations, though Policy RE1(Environmental Quality and Regeneration) does commit the Council to pursue social andeconomic renewal objectives.

3.12.3 This policy states: The Council will seek to improve the character and quality ofthe environment throughout the Borough, promoting in particular the regeneration ofareas in need of environmental, physical, social or economic renewal.

3.12.4 Where appropriate therefore, the Council will seek agreement with developers tosecure a commitment to training and employment initiatives and to assist with localtraining and employment through a section 106 planning obligation. A decision on whether to seek such a commitment will be taken in the light of the natureof the development proposal and its scale and location.

3.12.5 Section 3.9 provides general information about planning obligations and shouldbe read in conjunction with this section.

3.12.6 Planning obligations relating to training and employment may be sought for anycommercial land use where the proposed development would provide a significantamount of local employment (or would have the potential to provide on account of itsfloorspace). A planning obligation committing the owner of the proposed development toprovide training and/or employment opportunities for local residents may be in the form ofa sum of money or may involve a commitment to provide customised training directly.

3.12.6 Any financial contributions will be paid to the Council and then applied by theCouncil’s Regeneration Section. The Council may then pay the contribution directly to aspecialist training provider.

Workforce recruitment/training3.12.7 Developers may be requested to participate in current training and employmentschemes, to recruit staff from Camden’s resident population by registering all vacancieswith the local Employment Service, by recruiting through local One Stop Shops (e.g.Tracks to Employment, West Euston One Stop Shop, Kilburn into Training andEmployment etc) or by advertising in the local press.

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3.12.8 Developers can also use reasonable endeavours to include such clauses intenancy agreements.

3.12.9 Developers may be requested to assist the Council in the promotion of the NewDeal (or other training programmes), to provide training opportunities for residents of theBorough to gain knowledge, experience, expertise and qualifications in the particular fieldof the development or be asked to support customised training.

3.12.10 The developer, owner or occupier of the development may also be requestedto make a financial contribution to ensure that local residents are equipped with the skillsto enable them to access the types of job created by the development. This will alwaysbe proportional to the scale of development and local training needs.

3.12.11 These monies will be held by the Council and used in suitable partnershipprojects with the Learning and Skills Council, local training providers, connections, orother similar agencies.

Area initiatives3.12.12 Owners can also be asked to support employment and training elements ofregeneration initiatives that include the development site. This will be either through afinancial contribution, involvement in structures, participation in projects, offering workexperience to local people or paying for additional staff.

3.12.13 In some circumstances the owner may be asked to pay a sum towards thefunding of a professional member of staff for a partnership / regeneration organisationcovering the area in which the proposed development is situated.

Further informationConsultation DetailsTraining and Employment was approved for public consultation in January 2001 by theEnvironment Committee. Following public consultation, the revised version wasadopted by the Executive Environment sub-group as supplementary planning guidanceon 12 December 2001.

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3.13 Education Contributions from Residential Developments

Introduction

3.13.1 Camden is a relatively small built up Borough, with few opportunities for large-scale housing developments. Whilst the number of school children likely to be housedin individual schemes for new housing is often relatively small, the cumulative impactof these developments upon the Borough’s existing school places is significant, andeach new dwelling created in the Borough places increased pressure upon schoolplaces and costs.

3.13.2 This Guidance Note explains how the Council will usually require a section 106planning obligation to secure a proportion of these costs in a way that is reasonablyrelated in scale and kind to the likely child population generated by new residentialdevelopments .

Policy context

3.13.3 Government advice on the application of section 106 of the Town andCountry Planning Act 1990 (as amended by the Planning and Compensation Act1991) is contained within Circular 1/97 - Planning Obligations. This circular advises thatwhere a development creates a need for particular facilities, it will usually bereasonable for planning obligations to be sought to overcome these impacts.Specifically .. the provision of community facilities e.g. …. educational, … may beacceptable, provided that such facilities are directly related to the developmentproposal, the need for them arises from its implementation, and they are related inscale and kind (para.B10).

3.13.4 Camden’s policy framework establishing the principle of seekingcontributions though a section 106 obligation for the provision of appropriateeducational facilities is contained within the Unitary Development Plan (policy RE6).This Policy is worded to reflect the tests within Annexe B to Circular1/97. Policy RE6states:

In determining applications for planning permission the Council will take intoconsideration the nature, scale and location of the proposed development and, inappropriate circumstances where the need arises directly from the development, willseek contributions towards or a planning obligation under s.106 of the Town andCountry Planning Act 1990 (as amended by the Planning and Compensation Act1991) to secure modifications or improvements to the proposals submitted. Thesemay include….the provision of appropriate social, educational, recreational, sportingor other community facilities, the need for which arises directly or from thedevelopment or its impact…..

3.13.5 Consequently there is a strong policy support both in Government Guidance andin the Council’s adopted Development Plan for the principle of securing contributions forschool places from developers of residential schemes through planning obligations.

Demand on the borough’s education provision

3.13.6 Camden Local Education Authority (LEA) has demonstrated the currentpressure on school places across the Borough (Schools Organisation Plan, July2001). This shows that there is currently very little spare capacity in Camden schools,

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with some school years having no additional or spare capacity. Actual school rolls,and future projections produced by the Greater London Authority continue to showsignificant pressure on places in Borough schools. Annexe 1 shows the percentagetake up of places across each school year as of January 2002.

3.13.7 A review of the LEA’s planning of places by Deloitte and Touche (February2000) also identified the excess future demand for places in Camden secondaryschools. The cumulative effect of housing developments will exacerbate this situation.

3.13.8 It is generally accepted that schools should not operate at 100% capacity asit is important to retain some level of surplus capacity to enable parental preferenceto be exercised. For example the Audit Commission’s review of supply and allocationof school places (Audit Commission 1996) recognised that it was unrealistic andundesirable to aim for a perfect match between places available and pupils, andsuggested that a target rate of 95% occupancy would not be unreasonable.

3.13.9 A small proportion of surplus places are also required to cover unforeseenfluctuations in the numbers of local children requiring places due to moves intoexisting accommodation, including refugees and homeless children requiring schoolplaces.

Child yield

3.13.10 The number of school aged children likely to be accommodated by ahousing development is used to calculate the contribution. This total child yield isdetermined by the number of bedspaces in each unit and the number of units of thatsize included in the scheme.

3.13.11 The London Research Centre (now part of the Greater London Authority)produced figures relating to the number of children likely to be accommodated indwellings of various sizes (child yields). As it is not possible to predict the age range ofchildren likely to be found in new dwellings, average child yield figures are used (seeAnnexe 2). This is currently the most accurate method of assessing the child yieldfrom new housing, and will be revised as new child yield figures become available.

3.13.12 Where there is some C3 housing already on a site, the child yield from theexisting residential buildings will be deducted from the proposed child yield to arrive atthe likely net increase. The total child yield is also reduced by the percentage ofchildren whose schooling costs will probably not be met by the LEA. This is currently10%.

Cost of new school places

3.13.13 The education contribution required will be based on figures which theDepartment for Education and Skills (DfES) apply when assessing basic needs bidsfrom LEAs for the provision of new school places. The 2002/2003 Cost Place Figurelevels for Camden are £6818 for primary places, £9092 for secondary places, and£11,793 for post 16 places. These figures are revised annually, and will be updatedaccordingly.

3.13.14 As it is not possible to reliably predict the age range of children likely tooccupy new dwellings (and given the likely progression of primary pupils throughsecondary and post-16 provision in Camden), the contribution will be based on theaverage of these figures, i.e. £9234 per pupil. This will be adjusted each year to takeaccount of DfES figures.

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3.13.15 Developers of residential schemes will not be required to meet the full costof each school place, but rather a reasonable level of contribution towards it. It isconsidered that 50 % of the average cost would be an appropriate contribution fordevelopers to make towards meeting the cost of expanded education provision, is inaccordance with Circular 1/97, and has been accepted as an appropriate figure in anumber of relevant appeal decisions where authorities have adopted a similarapproach. In 2002/2003 this amounts to £4617 per school place.

When an education contribution will be required

3.13.16 All residential (Class C3 of the Town and Country Planning Use ClassesOrder 1987 as amended) new build, change of use and conversion developmentproposals where the scheme results in a net increase of 5 or more dwelling units willbe expected to provide a contribution towards education provision for the childrenlikely to be housed in these new dwellings (except for those categories ofdevelopment set out in para 3.13.17 and 3.13.20). Contributions will not be sought forschemes where there is a net increase of less than 5 dwelling units. This is to createa balance between the impact of increased need for new places, and scale ofdevelopment. The Council considers that a 5 dwelling threshold achieves this.

3.13.17 The contribution sought will always be proportional to the number and sizeof dwellings proposed. Contributions will also not be sought for single-bedroomdwellings as these are unlikely to provide accommodation for children. Where ascheme includes a mix of single-bedroom and larger units, a contribution will only besought for the larger units.

3.13.18 Where a mixed-use scheme includes residential units (other than the abovecategories), a contribution towards the provision of education for children who couldbe resident in the development will be sought for those dwellings.

3.13.19 A contribution for residential conversion schemes will only be requiredwhere there is a net increase of at least 5 units, and then only for the additional childyield created by the conversion.

3.13.20 Contributions will also not be required from certain other types of residentialaccommodation.

� Specialist elderly housing and Housing in Multiple Occupation (primarily for young, single people) which will generally not accommodate children.

� Affordable Housing for rent provided by a registered social landlord via planning obligations where the Council has 100% council nomination rights as it is anticipated that such accommodation will be used to house children already resident and educated in the borough.

� Where another policy objective is considered to be of overriding importance, contributions towards provision of education will not be sought e.g. hostels for homeless families (which provide housing for those in the greatest housing need), and specialist housing for disabled young people.

3.13.21 Because educational need arises and is planned for at Borough level, thelevel of contribution sought will not vary by the location of the development within theBorough.

3.13.22 The tests contained in policy RE6 relating to the nature, scale and locationof the proposed development will always be considered in determining each planningapplication, and the specific circumstances of each development will always be takeninto account.

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The contribution

3.13.23 The following table shows the level of contribution required per unit of eachsize in 2002/2003. A formula and table showing the calculation used to reach thesefigures is in Annexe 3.

Size of unit Contribution required per unit (2002/2003)

2 bedroom property £2336

3 bedroom property £4996

4 + bedroom property £8181

3.13.24 The contribution required from the development as a whole is thereforecalculated by multiplying the number of units of each size (excluding one bedroomunits or units within the categories set out in paragraph 3.13.20 above), by thecontribution required per unit.

Use and monitoring of s106 funds for education provision

3.13.25 Education contributions will only be used by the Education Department toexpand education provision to accommodate these additional children. Examplesinclude providing additional school places, adapting and extending school buildings,providing new schools or school buildings, improving school grounds and sports andphysical education facilities, or purchasing new equipment required as a direct resultof the additional demand. Contributions will not be used to fund revenue expenditure.Contributions may also be built up over time in order to optimise their benefits.

3.13.26 Contributions will be held by the Environment Department pendingappropriate expenditure being identified by the Director of Education. The EducationDepartment will keep full records of what money is received from the fund, andwhere and when it is spent.

3.13.27 The Council will continue to monitor the situation in relation to school places,and will revise this Guidance Note should the situation alter significantly in relation tosupply of school places.

Standard clause

3.13.28 The Council has adopted a standard legal agreement to improve certainty,consistency and speed. Where an education contribution is required the followingstandard clause will be used within this agreement:

On or prior to implementation of the Development, to pay the Council a financialcontribution for education to be applied by the Council to expand education provisionin the Borough. The level of contribution will be determined by the following formula

(Child Yield –10% ) x (average cost of new school place – 50%) = Contribution requiredper unit using DFES Cost Place Figures applicable upon signing of the agreement.

The contribution required will then be index linked to the implementation of thedevelopment.

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Further Information

Documents

Town and Country Planning Act 1990 (as amended)

Circular 1/97 Planning Obligations, Department of Environment Transport and theRegions, 1997

Schools Organisation Plan, Camden Council, July 2001

Review by Deloitte and Touche of LEA’s Planning Places February 2000

Trading Places, Audit Commission, 1996

Cost Place Figures, Department for Education and Skills

Town and Country Planning Use Classes Order 1987 (as amended)

Consultation Details

Education Contributions from Residential Developments was approved for publicconsultation on 12 December 2001 by the Environment Committee. Following publicconsultation, the revised version was adopted by the Executive (Environment) Sub-Group as supplementary planning guidance on 18 June 2002.

Annexe 1 - Actual School Rolls (Borough-Wide) as a % of limit for eachage group (January 2002)

Age Group 4 5 6 7 8 9 10 11 12 13 14 15

Borough-wide % 95 95 93 92 88 85 85 99 101 99 99 96

Source: Greater London Authority January 2002.

Annexe 2 - Child Yield Figures for Inner London private households

Household Type 1 Bed 2 Bed 3 Bed 4+ Bed

Number of Children per Household 0.088 0.562 1.202 1.969

Source: The London Research Centre (now part of the Greater London Authority),1991 based on the 1991 Labour Force Survey.

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Annexe 3 Formula for contributions

The framework for requiring contributions, set out in sections 3.13.12, 3.13.15 and3.13.17 above, lead to the following formula which should be used to calculate thecontribution required per unit:

(Child Yield –10% ) x (average cost of new school place – 50%) = Contributionrequired per unit.

The following table shows the calculation of the contribution required per unit usingthe above formula and the DfES and child yield figures for 2002/2003.

Size of unit Child -10%** X 50% of average = ContributionYield* cost of new required

school place per unit

2 bedroomproperty 0.562 0.506 X £4617 = £2336

3 bedroomproperty 1.202 1.082 X £4617 = £4996

4 + bedroomproperty 1.969 1.772 X £4617 = £8181

* The likely number of school age children each unit will provide (based on Greater London Authority figures).

** The proportion of school children whose schooling costs will probably not be met by Camden asthe Local Education Authority).

The child yield and the average cost of a new school place are figures that are likelyto vary with time. The DfES figures are revised annually. The calculation above mustbe carried out to reflect any changes in these figures in order to arrive at theappropriate contribution required per unit, in years other than 2002/2003.

EXAMPLE

Scheme providing 12 new build units

� 3 x 1 bedroom units (1 affordable)

� 4 x 2 bedroom units (1 affordable)

� 5 x 3 bedroom units (1 affordable)

Stage1

No child yield would be presumed for the 3 one-bed units or the two larger affordablehousing units, so no contribution is required from those units.

Contribution for three two bed units = £2336x 3 = £7008

Contribution for four three bed units = £4996x 4 = £19984

Stage 2

Contribution Required = £7008 + £19984= £26,992

These figures are revised regularly, and will be updated accordingly.

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