DRAFT Planning obligations supplementary planning document

Introduction

1.4 Well planned development offers great benefits to the community, it provides the homes, workplaces and facilities that the District needs, stimulates economic growth and helps to achieve sustainable development. However, development of all scales can cause deficiencies in affordable housing, health and education provision, additional pressure on the highway network and can create additional demand at sports and recreational facilities. Developments can also create additional recreational pressure on important and valued ecological sites which needs to be mitigated appropriately to make the development acceptable. It must be ensured that the impacts of new development in Wyre Forest are mitigated through the use of planning obligations and that such development provides appropriate physical, social, and green infrastructure to the community as a whole and thereby creating sustainable developments.

Planning obligations are intended to make development acceptable -

1.5 Wyre Forest, like many other areas, is experiencing increasing pressures from development.in particular, the increase in density of developments and the requirement for increasing housing need in accordance with the government’s revised standard method for housing need which was brought in through the update of the National Planning Policy Framework (NPPF) (December 2024).

1.6 Wyre Forest District Council adopted a Planning Obligations SPD in September 2016. Since then, the Council has seen the adoption of the Wyre Forest Local Plan (April 2022) and neighbourhood plans in the district which must be taken into account as part of the planning decision making process. There have also been a number of changes at national level which mean that the SPD requires updating.

Community Infrastructure Levy (CIL)

1.7 Community Infrastructure Levy (CIL) is a charge that landowners must pay towards the cost of providing infrastructure needs arising from new developments within the area. Wyre Forest District Council has not yet adopted a CIL Charging Schedule and is not a CIL Charging authority.

Purpose

1.8 The purpose of this document is to clearly set out the Council ’s approach, policies and procedures in respect of the use of planning obligations. The NPPF supports the production of SPDs where they can help developers make successful applications or aid infrastructure delivery.

1.9 The Planning Obligations SPD will cover three types of infrastructure:

• Physical Infrastructure – which includes transport, walking and cycling.
• Social Infrastructure – which includes affordable and self and custom build housing, education, community facilities, health and play and open space.
• Environmental Infrastructure – Environmental Infrastructure covers the planned and managed natural elements and green spaces that intersperse and connect our towns and villages including addressing this through Biodiversity Net Gain.

1.10 The SPD will:

• Aid the smooth processing of planning applications by explaining the Council’s process and procedures for planning obligations to stakeholders such as local communities, landowners, developers, local and national infrastructure and affordable housing providers.
• Explain the circumstances under which the Council will secure planning obligations to mitigate the impacts of a development and the basis for the financial contributions.
• Help to ensure that the physical, social and natural environment needs are fulfilled as part of new development proposals.
• Ensure that the process is fair and transparent to developers, landowners and the general public.
• Provide certainty for developers.
• Advise when Section 106 will be used to secure BNG Monitoring Fees.

Planning Obligations Process

1.11 The following flow chart sets out the process of securing planning obligations in chronological order and highlights the actions for both the Council and developer.

Where two boxes are parallel, this means that both actions will happen at the same time.

Sustainability Appraisal

1.12   The EU Strategic Environmental Assessment (SEA) Directive requires certain UK plans, policies and programmes which are likely to have significant environmental effects to undergo a formal environmental assessment. Similarly, the Environmental Assessment of Plans and Programmes Regulations 2004, also known as the Strategic Environmental Assessment (SEA) Regulations, ensure that environmental considerations are integrated into the preparation and adoption of plans and programmes that are likely to have significant effects on the environment, promoting sustainable development.  As well as this, the European Directive 92/43/EEC Conservation of Natural Habitats, Wild Fauna and Flora requires that a Habitats Regulations Assessment (HRA) is undertaken for plans to establish whether or not the plan, alone or in combination with other plans, policies or programmes, is likely to have significant effects on the qualifying features of a European site or sites. Section 19(5) of the Planning and Compulsory Purchase Act 2004 requires Sustainability Appraisal (SA) to be carried out on a plan. Section 180(5)(d) of the Planning Act 2008 removes the requirement for SA to be carried out on SPDs. Therefore, SEA, HRA and SA are only needed where an SPD is likely to have significant effects.

1.13    The Council undertook extensive SA on the Adopted Wyre Forest Local Plan. This SPD does not set new policy, it only provides detailed guidance to support the delivery of policies set out within the aforementioned document. Therefore, it has been concluded that SEA, HRA and SA of this SPD is not required.

Legislative Framework

1.14    Section 106 of the Town and Country Planning Act 1990 includes a power which allows any person with an interest in land to enter into a planning obligation which may:

• Restrict the development or use of land in a specific way
• Require specific operations to be carried out
• Require the land to be used in a specific way
• Require a sum or sums of money to be paid to the local authority

1.15    Section 106 agreements are completed by landowners in order to require them to do something in connection with the development taking place on their land that could not be secured by imposing a planning condition or by using other statutory means. S106 obligations are a proper and recognised part of the planning system. They can enhance the quality of a development and enable proposals to go ahead which might otherwise be unacceptable if such provision was not made. However, S106 obligations will not render acceptable developments which are otherwise inappropriate in terms of their impacts and relationship with planning policy.

1.16    The CIL Regulations came into force on 6 April 2010. Regulation 122 of the Regulations sets out the statutory tests for planning obligations, namely that they should only be sought where they are:

• Necessary to make the development acceptable in planning terms.
• Directly related to the development.
• Fairly and reasonably related in scale and kind to the development.

National Policy

1.17  The principle that a development should bear a proportion of the cost of facilities, for which it creates a need, is supported in Government policy. The NPPF provides Government current guidance on planning obligations. The NPPF is supported on-line by the Planning Practice Guidance which is regularly updated. This also includes guidance on planning obligations. Local Authorities may decide whether to adopt CIL. Currently Wyre Forest District Council has not yet adopted CIL.

1.18  The NPPF requires local authorities to consider whether otherwise unacceptable development could be made acceptable through the use of conditions or planning obligations.  It also reiterates the statutory tests as set out in the CIL Regulations, setting them out as policy tests.

1.19    Furthermore it also states that: ‘Where up-to-date policies have set out the contributions expected from development, planning applications that comply with them should be assumed to be viable. It is up to the applicant to demonstrate whether particular circumstances justify the need for a viability assessment at the application stage. The weight to be given to a viability assessment is a matter for the decision maker, having regard to all the circumstances in the case, including whether the plan and the viability evidence underpinning it is up to date, and any change in site circumstances since the plan was brought into force. All viability assessments, including any undertaken at the plan-making stage, should reflect the recommended approach in national planning guidance, including standardised inputs, and should be made publicly available.’

1.20  The Planning Practice Guidance also sets out detailed guidance on planning obligations. It places emphasis on ensuring that the package of developer contributions, which includes the Community Infrastructure Levy, Section 106 contributions and planning conditions, does not adversely affect the viability of development in accordance with Local Plan Policy DM.1 Financial Viability.

1.21  The NPPF states that there should be a presumption in favour of sustainable development and, as such, the principal objective of the planning system is to deliver sustainable development. So as not to prevent sustainable development, policies seeking obligations must be grounded in an understanding of development viability. Local authorities must be willing to negotiate on planning obligations based on scheme viability evidence and specific site circumstances. Further details in respect of viability and deliverability can be found within the NPPF.

Local Policy Framework

Corporate Plan

1.22  All Council activities are guided by, and should be consistent with, the objectives and priorities set out in a Corporate Plan. Wyre Forest District’s Corporate Plan 2023 – 2027 has three priorities, which are:

• Economic growth and regeneration
• Securing financial sustainability for services the local communities value
• A clean, safe and green place to live, work and visit

1.23  There are a number of strategic actions set out in the Corporate Plan which support the aims of the District. These priorities provide a long-term framework for the District and developer contributions will support their implementation and delivery. Planning obligations, will therefore, be required to ensure that development proposals are pro-actively assisting the District in its efforts to achieve the priorities and aims set out in the Corporate Plan. View the Corporate Plan at: Corporate plan | Wyre Forest District Council  (wyreforestdc.gov.uk)

Local Plan Policies

Wyre Forest Local Plan

1.24   The Council adopted its Local Plan in April 2022. This SPD supports the Local Plan and in particular, policies SP.10, SP.11, SP.12, SP.16, SP.23, SP.27, SP.28, SP.33, DM.7, DM.8 and relevant site allocation policies. This SPD seeks to ensure that where appropriate, planning obligations will be required to fund infrastructure projects that are directly related to specific development, including, but not limited to, affordable housing, transport, green infrastructure, education, health and other social infrastructure.

WFDC Infrastructure Delivery Plan (2019)

1.25    The Infrastructure Delivery Plan (IDP) examines the physical, social and green infrastructure provision that exists within the District and then identifies any gaps or capacity issues within this existing provision. View the IDP: WFIDP-Finalised-Version-June-2019.pdf (wyreforestdc.gov.uk)

Wyre Forest Design, Amenity and Shopfronts Supplementary Planning Document (2024)

1.26    This document provides detailed advice on Wyre Forest District Council ’s expectations for the delivery of high-quality development. The SPD sets out how the Council ’s design policies should be interpreted. It provides certainty and clarity for those bringing forward development within the District. The Design, Amenity and Shopfronts SPD can be viewed at: Supplementary Planning Documents Design, amenity and shopfronts | Wyre Forest District Council

Housing Supplementary Planning Document (2024)

1.27    The purpose of the Housing Supplementary Planning Document (SPD) is to add further detail to the policies in the local plan, giving greater clarity to developers and communities about the expectations for housing delivery in Wyre Forest. The Housing SPD can be viewed at: Housing SPD | Wyre Forest District Council

Health and Wellbeing Supplementary Planning Document (July 2023)

1.28    The Health and Wellbeing SPD focuses on how matters of health and wellbeing should be positively addressed through the development planning process in the district. It sets out how the applicant/developer will be expected to demonstrate their proposals reflect the principles set out in the SPD, through the use of Health Impact Assessment Screening or a full Health Impact Assessment. The Health and Wellbeing SPD can be viewed at Health and Wellbeing Supplementary Planning Document | Wyre Forest District Council

Water Cycle Strategy

1.29    This document assesses the constraints and requirements which will arise from the scale of proposed growth on the water infrastructure requirements. View the Water Cycle Strategy: https://archive.wyreforestdc.gov.uk/media/2973599/2017-Wyre-Forest-Water-Cycle-Study-v50-with-Appendices-120517-.pdf

Worcestershire County Council Local Transport Plan (2018-2030)

1.30    This LTP represents an ambitious investment programme in our transport networks, including infrastructure, technology and services which are essential to support planned growth, to ensure our continued social and economic success as a highly desirable place to live, work and visit. The LTP is underpinned by Worcestershire County Council ’s Corporate Plan with its four key priorities:

• Open for Business;
• The Environment;
• Children and Families;
• Health and Well-being

Local Transport Plan - Worcestershire County Council

Types of Planning Obligation and how they are secured

Justifying the Need for a Planning Obligation

1.31    Regulation 122 of the Community Infrastructure Levy Regulations 2010 Statutory Instrument 2010/948 makes it unlawful for any planning obligation to be taken into account as a reason to grant a planning permission if it does not meet the 3 tests set out in the regulation. That it is:

• Necessary to make the development acceptable in planning terms
• Directly related to the development
• Fairly and reasonably related in scale and kind to the development 

1.32  The NPPF sets out 3 policy tests which mirror the tests in the regulations. The following evidence is likely to be needed to enable the inspector to assess whether any financial contribution provided through a planning obligation meets the tests:

• The relevant development plan policy or policies and the relevant sections of any supplementary planning document or guidance.
• Quantified evidence of the additional demands on facilities or infrastructure which are likely to arise from the proposed development.
• Details of existing facilities or infrastructure and up-to-date quantified evidence of the extent to which they are able or unable to meet those additional demands.
• The methodology for calculating any financial contribution necessary to improve existing facilities or infrastructure or provide new facilities or infrastructure to meet the additional demands.
• Details of the facilities or infrastructure on which any financial contribution will be spent.

1.33    Planning Obligations are typically secured through either an agreement or a unilateral undertaking. made under Section 106 (S106). Both are a legally binding obligation under Section 106 of the Town and Country Planning Act 1990 and are used to mitigate the impact of development and ensure it contributes to local infrastructure and services. There are key differences between the two:

Section 106 Agreement

1.34    A S106 agreement is a negotiated legal document between the developer (or landowner) the local planning authority, and where necessary, other relevant parties (such as Worcestershire County Council). All parties with an interest in the land will need to enter into the agreement so even if the developer is the applicant and leads negotiations, if they are not the landowner, the landowner (and any lender) will need to enter into the agreement. These agreements are commonly used for larger or more complex developments and may include multiple obligations such as:

• Affordable housing contributions
• Highway improvements
• Open space and community infrastructure, or
• Financial contributions towards education, health or transportation services.

but any s106 requiring Council obligations will need to be by way of an agreement.

1.35 S106 Agreements allow for detailed negotiations between parties, ensuring that obligations are fairly related to the scale and impact of the development. They can also include provisions for phased payments or delivery triggers linked to the progress of the development.

1.36    Section 106 agreements will often detail a claw back clause which allows the developer to claim back any money for capital projects which has not been spent within a set time period. This is normally ten years. The local planning authority closely monitor section 106 contributions.

1.37    With some obligations such as Health, the Council will receive the monies and will not pay out the contribution until invoices have been presented confirming what works the monies have been used for in order to ensure compliance with CIL regulations.

1.38    Appropriate arrangements need to be made for the long-term management and maintenance of infrastructure, open spaces and ecological enhancements secured through S106 agreements. There is a range of options depending on the nature of the asset that is being funded. For example, infrastructure such as footpaths and cycleways, if they are separate from adopted roads and do not form part of open space that is being funded by the development, would normally be vested in the county council as highways authority subject to a s38 agreement being reached. Likewise that may be the appropriate solution for mobility hubs again assuming the County Council agree to maintain the operational running of the Hubs. For social infrastructure including open spaces, including parks and play areas, the district council would not wish to take on additional responsibilities. It is an option for such social infrastructure to be vested in the relevant town or parish council. Each arrangement will be on a case by case basis.

1.39    Another option for all types of infrastructure, open spaces and ecological enhancements is for ownership to be vested in a management company. Where this approach is taken, developers must ensure that robust arrangements are in place to secure the necessary funding and accountability for ongoing delivery. Management companies must demonstrate competence and provide dispute resolution protocols. The local planning authority will require evidence that the management company arrangements are legally sound, financially sustainable, and enforceable before approving relevant planning conditions or Section 106 obligations. Likewise, any approach involving the county council or a town/parish council would need to demonstrate the financial arrangements that would apply for a period beyond completion of the development.

Unilateral Undertaking (UU)

1.40    A Unilateral Undertaking is a simplified alternative and is only entered into by the landowner (and any other party with an interest in the land, such as a lender). They require a developer/landowner to undertake certain works, to secure BNG monitoring fees, or to contribute financially towards the provision of measures to mitigate the negative impacts of the development. This is typically used when:

• The obligations are straightforward and non-contentious
• Wyre Forest District Council agree that a formal S106 Agreement is unnecessary
• The matter is dealt with by way of a planning appeal following a refusal of the application by the Council.

1.41    Unlike S106 agreements they do not require the Council to be a party to it, but the Council must still assess and accept the obligations as meeting legal and policy requirements.  

1.42    The Council will require planning obligations that may fall into any of the categories listed below, where they are applicable to the proposed development. However, it should be noted that each planning application differs, and it will be necessary to consider the individual characteristics of a site and the nature of the proposed development.

In Kind Contributions

1.43    Developers may be required to build or directly provide the necessary infrastructure to fulfil a planning obligation, such as play equipment. The Council will ensure that infrastructure is delivered on time and to the desired quality standards and maintained in perpetuity. The Section 106 Agreement will specify the standards and timing that such in kind contributions must meet.

Financial/Tariff Contributions

1.44   In certain circumstances developers may fulfil planning obligations through a one-off financial contribution or as a series of payments phased over time. Where phased payments will be required (particularly where the development is to be phased over a significant period of time) the Council will make it clear at what stages in the development process the payments will be required (please see the paragraphs on index linking later in the document). In cases of one-off payments, the Council will either require payment on, or in some cases prior to, the commencement of the approved development or first occupation, depending on the nature of the obligation. If the financial contribution has not been spent by the Council within any agreed time period, then monies may be returned to the developer.

Playing Pitch Maintenance Fees

1.45    When the planning obligation relates to enhancements to a sporting facility such as Stourport Sports Club hockey pitch, WFDC would also ask for a maintenance sum which is calculated by Sport England.

S106 Monitoring Payments

1.46    The Council will monitor, invoice and chase payments required under planning obligations. Obligations are monitored by the planning policy team. The Council ask for a section 106 monitoring fee on all section 106 agreements. The section 106 monitoring fee was adopted in 2024, and the following fee schedule is provided for reference only and, as with other monitoring fees referred to, is subject to increase to reflect the costs of monitoring incurred by the Council:

Amount of Development	Fee
Small Developments (less than £1,500 contributions)	£250
Minor Developments (less than 10 dwellings)	£1,500 (up to 5 obligations) £500 per trigger for each additional obligation Monitoring fee capped at £2,500
Major Developments (10-199 dwellings)	£2,500 (up to 5 obligations) £500 per trigger for each additional obligation Monitoring fee capped at £5,000
Major Development (200-500 dwellings)	£3,500 (up to 5 obligations) £500 per trigger for each additional obligation Monitoring fee capped at £10,000
Large Scale Development (500+dwellings)	£4,500 (up to 5 obligations) £500 per trigger for each additional obligation Monitoring fee capped at £10,000

1.47    The County Council  also ask for a section 106 monitoring fees and the following fee schedule can be viewed  on Worcestershire County Council ’s website via the following link: Section 106 monitoring fees | Worcestershire County Council

Biodiversity Net Gain Monitoring Fee

1.48    The following table is provided to demonstrate the payable Biodiversity Net Gain monitoring fees for each habitat type as at the date of adoption of this SPD and so may be higher depending on when the application is submitted. These fees have been calculated by estimating the work time and Officer salaries into the Verna monitoring fee calculation tool which resulted in the below calculation:

1.49    Grassland mitigation in and around sandstone areas should look to provide acidic grassland and heathland habitats.

Complexity of Habitat to be monitored.	Size of BNG enhancement: Less than 1 unit	Size of BNG enhancement: 1 unit or more but less than 5 units	Size of BNG enhancement: 5 or more units but less than 10 units	Size of BNG enhancement: 12 or more but less than 30 units	Size of BNG enhancement: 30 or more units
Grassland, urban, arable heathland woodland Low distinctiveness	£1,761	£1,915	£3,636	£6,782	£10,235
Grassland, urban, heathland woodland Moderate distinctiveness	£2,221	£2,834	£5,333	£9,788	£16,693
Grassland, heathland woodland High and V high distinctiveness	£3,223	£4,448	£8,290	£17.753	£34,393
Wetland, ponds lakes and rivers	£2,068	£2,374	£4,555	£9,456	£20,816
Wetland, ponds lakes and rivers high or v high distinctiveness	£3,223	£4,755	£8,703	£15,302	£33,567
Individual trees and hedges (apply this only if these are the only habitat present on site else the monitoring can be covered by the cost monitoring of the other habitat on site	£1,567	£2,026	£3,358	£5,167	£14,689

Modification and Discharge of Planning Obligations – Section 106A and Section 106B

1.50    Once a S106 agreement is in place, there may be circumstances where a developer or landowner seeks to modify or discharge its obligations. The legal processes for doing so are set out in Sections 106A and 106B of the Town and Country Planning Act 1990.

1.51    Section 106A enables modification or discharge to be achieved either by an agreement with the local planning authority (which must be executed as a deed), or by an application to the local planning authority.

1.52    If an obligation is more than five years old, a formal application can be made to the local authority to request modification or discharge. The authority must consider whether the obligation continues to serve a useful planning purpose. If the request is refused, the developer then has the right to appeal under S106B. The planning inspectorate will then review the case and determine whether the obligation should remain, be modified or be removed entirely.

1.53    Developers and landowners considering a Section 106A application should engage with the local planning authority early to discuss the justification for any changes.

1.54    The relevant S106A application forms are included in the appendix of this SPD.

Procedures

Pre-application Procedure

1.55    One of the aims of this SPD is that it will assist the development industry by giving a framework for developers to identify whether there may be a requirement to complete a Section 106 Agreement as part of the planning application. It is important that securing appropriate developer contributions does not result in undue delays in the determination of planning applications once they are submitted.

1.56    The Council would like, as far as possible, to assist those considering the development of land to understand the likely scope and scale of any developer contributions which may be sought. Developers and landowners are encouraged to make use of the Council ’s pre-application process in order that any site-specific requirements are discussed at an early stage. Details of the Council ’s pre-application process can be found at Get planning advice | Wyre Forest District Council  (wyreforestdc.gov.uk)

General Guidance on Thresholds

1.57    This table is a guide showing thresholds where contributions could be triggered for illustrative purposes only and there may be specific cases that vary from this for justifiable reasons.

	Less than 5 dwellings	5 to 9 dwellings	10 to 30 dwellings	30 or more dwellings	Less than 1000sqm of non-residential floor space	More than 1000sqm of non-residential floor space
Affordable Housing	X (Unless a rural exception site)	√ (5 or more dwellings in designated rural parishes)	√	√	x	x
Transport Impact	√	√	√	√	√	√
Children’s Play Provision and Public Open Space	X	X	√	√	x	x
Education	X	x	√	√	x	x
Air Quality	X	x	√	√	√ Developments involving 10 or more car parking spaces)	√ (Developments involving 10 or more car parking spaces)
Public Realm	X	x	√	√	x	√
Other Obligations	Site specific	Site specific	Site Specific	Site Specific	Site Specific	Site Specific

Type of Development

1.58    Dwellings and non-residential floor space include both new build and change of use. The Council will require contributions for affordable, Public Open Space, play provision, air quality transport, education, health and any other obligations on any residential conversion 10 or more units. Development that is mixed use or does not clearly fall into one category will be assessed on an individual basis for the nature of provision required. The formula used as a basis to calculate developer contributions can be found at Section 3.14.

Development Viability.

1.59    Planning obligations are a necessary cost of development, and it will be expected that the likely cost of obligations, including requirements for affordable housing provision, will be factored into the land acquisition and development costs from an early stage. Vacant building credit may be considered when relevant.

1.60    If an applicant considers it is not viable to provide affordable housing a Financial Viability Appraisal will be required as set out in Policy DM.1: Financial Viability. It is recognised that in dealing with development proposals, exceptional circumstances may occasionally arise which result in genuine financial viability concerns (for example where remediation costs are abnormal or are above what could reasonably have been foreseen). It should be noted that BNG is not included as part of viability requirements.

1.61    If a developer believes there are exceptional circumstances (but not including land purchase costs) which would render a scheme unviable if the full level of planning obligations were required in line with this SPD, the following process is to be followed:

1. The applicant approaches the Council, ideally at development concept stage so that planning obligations can be established at pre-application stage, and submits a detailed financial appraisal signed by a suitably qualified professional such as a Chartered Surveyor, to support their case. If an appraisal is submitted in confidence to the District Council, then a de-sensitised version will also need to be provided at formal application stage which can be made publicly accessible by the Council. The financial appraisal should follow an open-book approach and include the following information as a minimum with supporting evidence and justification where appropriate:
   • A breakdown of all cost variables and development value including level of developer’s profit
   • Identification of any exceptional cost items
   • Explanation of all assumptions made concerning the provision of planning obligations
   • Identification in cash flow terms of the effect of deferred payments
   • Provision of both ‘grant’ and ‘no grant’ scenarios in relation to affordable housing provision (this is only required on schemes which generate affordable housing requirements)
2. Once the financial appraisal has been received from the applicant, the Council will obtain independent advice to validate a viability assessment. The applicant will be required to meet all reasonable costs of this independent assessment, and a form is provided within the appendix for developers to complete.
3. The independent financial appraisal assessment is usually carried out using industry standard software and normally follows a residual land value approach. For larger schemes that are likely to be completed over a longer period of time a cash flow-based approach may also be used. Once completed, the results of the financial assessment are provided to the Council and the applicant will be advised of the conclusions of the financial assessment. If there is any disagreement of the assessment the Council will expect the applicant to agree to adjudication by an independent financial body and any costs of the adjudication shall be funded by the developer.
4. The Council’s objective in viability negotiations is to secure the maximum value of planning obligations to mitigate the impact of development, whilst working with developers to enable developments to come forward. To this end, the Council may consider the use of one or more of a range of ‘Value Engineering’ mechanisms, depending on the results of the independent financial assessment, including, but not exclusively restricted to:
   • Deferred or Staged Payments - Phasing payment of planning obligations deferred to later date(s) within the development
   • Clawback - The arrangement put into place when the local planning authority, in granting permission, agrees to mitigate the planning obligation requirement for viability If, subsequently, the completed development (or phase) generates more profit than expected, the local authority would then claw back an appropriate and agreed provision of the additional profit for the planning obligation, up to the amount originally sought on the site.
   • Phased Viability Assessments - Usually associated with large developments, several viability assessments are conducted over an extended period of time to provide a reliable forecast of what developer obligation requirements for each phase can be met by a developer.
   • Time Constrained Planning Permissions - Where reduced planning obligation requirements are agreed by the local planning authority for viability reasons, but these reduced obligations are only valid for a limited period, and in the event that the developer does not implement the permission within that period then the obligations will revert back to the original requirements.
5. The Council will have due regard to the independent financial assessment results and the use of any appropriate ‘value engineering’ mechanisms, and in taking into account all other planning considerations will make appropriate recommendations to the Council ’s Development Control Committee for determination. Viability considerations are one factor to be taken into account when determining a planning application; the Council has to take into account a range of other factors to ensure development is acceptable in planning terms.
6. If the Council approves any reduction in planning obligations on a particular development, any secured obligations may be prioritised in accordance with the Council ’s policy priorities. This will be in the following order:
   
   Officers will prioritise in the following order:
   1. On and/or off-site infrastructure necessary to make the development acceptable
   2. Affordable housing
   3. Open space and recreation
   4. Education
   5. Other stakeholder contribution requests such as infrastructure costs associated with health provision or the police
   
   Alternatively financial payments may be apportioned on the ratio or percentage as if there was no reduction in planning obligations. The approach taken is at the discretion of the Council, depending on the individual circumstances of a particular development.

Costs and Legal Fees

1.62    Developers and landowners are required to cover the legal costs associated with the drafting, negotiation and completion of Section 106 Agreements and Unilateral Undertakings. These fees ensure that Wyre Forest District Council can properly assess, prepare and administer the necessary legal documents to secure planning obligations.

1.63    Legal fees will typically be incurred in the following circumstances:

• Drafting and reviewing section 106 agreements or Unilateral Undertakings
• Negotiating obligations to ensure they meet legal and policy requirements
• Legal advice and modifications requested by the applicant.
• Monitoring and enforcing obligations post-completion

Cost Structure

1.64    Legal fees are charged on a case-by-case basis, reflecting the complexity of the agreement and the legal of legal input required. The applicant will be informed of the estimated costs at an early stage, and payment will be required before the agreement is completed. Additional fees may be charged for subsequent modifications, variations or discharges of planning obligations under S106A. An undertaking for costs will be required by the Council (and/or any external lawyer they may instruct) and the County Council (and any external lawyer they may instruct) before drafting of documents begins.

1.65    Failure to pay legal fees may result in delays in completing the agreement, which in turn can prevent the issuing of planning permission. The local planning authority will not complete a Section 106 Agreement or accept a Unilateral Undertaking until all associated legal fees have been settled.

Index Linking and Late Payment Interest on Planning Obligations

1.66    To ensure that financial contributions secured through Section 106 Agreements or Unilateral Undertakings retain their value over time, all payments will be index linked and subject to late payment interest charges if not paid on time.

1.67    All financial contributions will be index linked from the date the planning obligation is signed to the date of payment. This ensures that contributions reflect inflation and remain sufficient to deliver the required infrastructure or mitigation measures. This is based on the following indices.

• Retail Price Index – Often used for general infrastructure contributions
• Consumer Price Index – Sometimes used as an alternative inflation measurement

1.68    The index calculation will be detailed as part of the planning obligation, and payments will be adjusted accordingly to reflect any changes in the relevant index.

1.69    Where a financial contribution is not paid by the due date specified in the Planning Obligation, interest will be charged from the date the payment was due until the date the payment is received.

1.70    Developers and landowners should therefore ensure that payments are made in full and on time to avoid unnecessary delays and additional costs.                                                                                                     

2 Physical Infrastructure

Affordable Housing

2.1    Wyre Forest District Council adopted a Housing SPD in April 2024. Policy SP.10 of the Wyre Forest District Local Plan sets out that a minimum annual average target of 90 affordable dwellings will be delivered during the plan period to 2036 and affordable housing provision of a minimum of 25% on major development sites or on sites within designated rural areas comprising more than 5 dwellings (designated rural areas: Broome, Chaddesley Corbett, Churchill and Blakedown, Kidderminster Foreign, Ribbesford, Rock, Rushock and Stone).  

2.2    As per policy SP.10 of the Local Plan, WFDC will seek a 25% affordable housing contribution on major development sites with the tenure split primarily being social rent (65%) and affordable housing for sale (35%) (such as shared ownership). Affordable rent will only be considered when it is clearly justified. This can include where sites have high remedial costs or viability issues and this has been demonstrated as part of the application, for example, former factory sites that are to be developed for housing. The design of the scheme must be tenure blind in so far as possible. The locations of the affordable housing should be agreed with development management team as part of the application process. The Local Plan states that where affordable housing is to be provided on a development, the dominant type of rent type will be for social rent. If this is considered unviable, then the developer will be expected to follow the procedure as set out in policy DM.1 Financial Viability of the Local Plan. Further guidance can also be found in the Housing SPD (adopted 2024).

Self and Custom Build and Unilateral Undertakings

2.3    Where a self and custom build is claiming exemption from 10% mandatory biodiversity net gain, it is expected that the applicant will submit a unilateral undertaking to secure the exemption. Applicants will still be expected to provide some biodiversity net gain on site (as per policy SP.23 Protecting and Enhancing Biodiversity).

Rural Exception Sites

2.4    Policy SP.11 states that housing on rural exception sites should seek to address needs of the local community (as identified by a parish housing needs survey) in perpetuity. However, in circumstances where it is not viable to deliver 100% affordable housing on rural exceptions sites, it may be possible to cross subsidise a scheme with an element of market housing (typically no more than 20%). Under these circumstances, developers will be required to provide additional supporting evidence in the form of an open book development appraisal for the proposed site. The provision of low-cost home ownership products to meet identified local needs will also be an acceptable form of housing on rural exception sites in addition to other tenure types that meet local housing needs. The mechanism to secure the affordable housing units on the exception will be though a section 106.

Transport Impact Mitigation

2.5    Traffic congestion is rapidly increasing within the District and is prevalent within the three towns. This has resulted in accessibility and transport influenced challenges in parts of the District. The urban areas are experiencing declining air quality and there are two designated Air Quality Management Areas (AQMAs). Further growth could exacerbate these problems unless delivered in conjunction with investment in public transport infrastructure and services and pedestrian, cycle and highway infrastructure.

2.6    The NPPF requires the planning system to promote sustainable transport and the provision of viable transport infrastructure necessary to support sustainable development. It also makes an important contribution towards the wider sustainability and health objectives of the Government. Planning Obligations are necessary to mitigate the impact on highway safety and to ensure that the residual impact on the network is not severe.

2.7      Policy SP.27 of the Adopted Wyre Forest Local Plan (2022) seeks to promote transport choice and accessibility within the district, requiring development proposals to demonstrate that:

1. the location and layout of development will minimise the demand for travel.
2. they offer viable sustainable transport choices, with a particular focus on active travel modes with attractive and well-designed walking and cycling networks.
3. they address road safety issues; and in particular,
4. they are consistent with the delivery of the Worcestershire Local Transport Plan objectives.

2.8       Developments that generate increased demand for active travel may be required to contribute towards Local Cycling and Walking Infrastructure objectives, ensuring high-quality walking and cycling infrastructure is integrated into new schemes.   

2.9       Also of relevance to transport considerations is policy SP.26 ‘Strategic Infrastructure’ which states the following:

1. The Council will work closely with its partners, especially the County Council to bring forward the appropriate, proportionate and necessary infrastructure that is required to deliver the Plan.
2. Development will be required to provide or contribute, financially or in kind, towards the provision of infrastructure needed to support it, subject to viability requirements designated by the NPPF.
3. Where new infrastructure is needed to support new development, the infrastructure must be operational no later than the appropriate phase of development for which it is needed.
4. Where appropriate, planning obligations will be required to fund infrastructure projects that are directly related to specific development, including, but not limited to, affordable housing, transport, green infrastructure, education, health and other social infrastructure.

2.10    The Council will also work with Active England and the Wyre Forest Cycle Forum to bring forward active infrastructure. Developers will also be expected to take account of proposals included within the Wyre Forest Infrastructure Delivery Plan and Wyre Forest Transport Challenges as set out in the current Worcestershire Local Transport Plan (LTP).

2.11    In considering planning applications for new development, the impact on the highway network will be assessed as to how the impact could be mitigated with the use of planning conditions and/or by planning obligations.

2.12    Where specific mitigation measures are required these may be sought using Section 106 of the Town and Country Planning Act 1990 and/or Section 278 of the Highways Act 1980.

Improvements to Highway Transport Infrastructure

2.13    All development proposals will be assessed on their own merits in relation to the impact they have on the highway network. The thresholds for contributions are set out in the Core Guidance section of this document. The level of contribution, or works required, will be assessed having regard to the level of floor space, the likely transport demands created and the character and volume of traffic likely to be generated.

2.14    Development proposals will need to mitigate their impact through the provision of appropriate mitigation measures as evidenced in a robust transport assessment. These may include on-site estate roads, footpaths, bridleways and cycleways, parking spaces, lighting, bus stops, lay-bys and associated landscaping depending on the highway impact and the type and scale of the development proposed.

2.15    In addition, where appropriate, the Council will seek contributions towards off-site improvements which are required directly and solely as a result of development and are necessary to make it acceptable in planning terms. This could include (but is not restricted to) new and improved road infrastructure, traffic calming, public transport improvements, cycleways, footpaths, lighting and associated landscaping. In appropriate circumstances the Council may also seek a financial contribution to fund the running of a community transport service and mitigate against increased school travel transport which is necessary directly as a result of the development.

                                                   

Bus Stop on Load Street, Bewdley 

Transport Assessments and Statements

2.16    In accordance with Worcestershire County Council’s Streetscape Design Guide (2022) ‘All developments that will generate significant amounts of movements should be required to provide a Travel Plan and the application should be supported by a Transport Statement or Transport Assessment so that the likely impacts of the proposal can be assessed.’

2.17    The  assessment  or  statement should be provided in accordance with guidance provided by GOV.UK (Travel Plans, Transport Assessments and Statements - GOV.UK (www.gov.uk)). There may be some other occasions where such assessments are required as a result of local circumstances which should be highlighted through pre-application discussions with the County Council.

2.18    A Transport Assessment or Statement will help identify what mitigation measures will be required as a result of the development.

Travel Plans

2.19    Travel plans are an important tool in the delivery of sustainable outcomes. They are a good way of helping Wyre Forest District Council and Worcestershire County Council to implement and promote their sustainable transport policies, reduce congestion, improve air quality and improve health through encouraging walking and cycling. They provide, together with transport assessments, the mechanism for assessing and managing access to sites. In addition, they can help improve accessibility both to and from the site and to local amenities and services.

2.20    The NPPF states that ‘All developments that will generate significant amounts of movement should be required to provide a travel plan, and the application should be supported by a transport statement or transport assessment so that the likely impacts of the proposal can be assessed’.  Travel plans are likely to be sought on applications for retail, leisure, business, employment, health, residential and educational development as appropriate. This includes applications for redevelopment, mixed use schemes, changes of use of buildings and applications to extend the duration of an existing planning permission. The Council will work with the County Council to ensure that travel plans are deliverable, measurable, incentivised and fully supported wherever possible. It may also be necessary for audits to be prepared covering road safety and provision for safety for motorbikes, pedestrians, and cycles.

2.21    Where a travel plan is required, the scope of the plan will need to be discussed with the District and County Council s, during pre-application stages. Further advice on travel plans can be found in Worcestershire’s Local Transport Plan: https://www.worcestershire.gov.uk/Council -services/travel-and-highways/strategy-and-planning/local-transport-plan

Mobility Hubs

2.22    As part of our commitment to promoting sustainable and accessible transport, the Council may seek planning obligations for the delivery or enhancement of mobility hubs where development generates a need for improved multi-modal transport connections.

2.23    A mobility hub is a place where different sustainable transport modes such as public transport, shared mobility (e.g. bike hire) and active travel infrastructure are co-located to facilitate seamless journeys. Hubs may also include supporting features such as real-time journey information, electric vehicle (EV) charging, seating and public realm enhancements.

2.24    Planning obligations for on-site mobility hubs may be required where:

• A development is of a scale that generates a large number of vehicle journeys where sustainable travel modes would mitigate this demand.
• There is an identified need for enhanced connectivity in the area, in line with highways requirements.
• The development is in a strategic location where improved transport integration would reduce car dependency and promote active travel and shared travel.

2.25    Facilities provided as part of the Mobility Hub could include:

• Community facilities including a coffee shop, restaurant, gym, retail facilities and breakout area.
• Community Concierge and micro-consolidation of deliveries.
• A Community Bike Share Hub including cycle and electric cycle hire as well as bike doctors.
• Central point for car clubs’ schemes and for demand responsive transport pick up points.
• Fibre-optic Wi-Fi free to use for all residents.
• Transport Information Centre providing information on bike sharing, car clubs, carpooling, demand-responsive transport, electric vehicle charging points, walking and cycling maps, as well as public transport maps and timetable information; and,
• Travel planning advice from a Community Concierge Team.

2.26    The requirement for these contributions will be assessed on a site-specific basis, considering the scale of development, existing provision, and strategic transport objectives.  Where appropriate, obligations may be secured via Section 106 agreements, and in some cases, funding may be pooled from multiple developments to deliver area-wide mobility hub infrastructure.

Walking and Cycling

2.27    The District has an expanding network of cycle routes, which serves residents in making shorter utility and leisure trips. The Council has an Adopted Wyre Forest Cycle Strategy, as well as a cycle map which identifies a network of cycle routes.

2.28    Policy SP.27 requires that new developments must demonstrate that they offer viable sustainable transport choices, with a particular focus on active travel modes with attractive and well-designed walking and cycling networks.

2.29    Improved pedestrian and cycling facilities will be sought as a result of new development where a direct impact results from that development. This may include pedestrian priority measures, pedestrian friendly crossing, tactile paving, traffic calming, cycleways, and staff shower facilities at large industrial, commercial, retail and leisure developments.

2.30    Secure Cycle parking and storage will be sought in line with Worcestershire County Council ’s current guidance and the guidance provided within the Design, Amenity and Shopfronts SPD (2024). Where appropriate, interpretation boards providing information highlighting cycle routes and encouraging the use of active travel options should be included.

  

Worcester Street, Kidderminster                                 

3 Social Infrastructure

Public Open Space, Outdoor Amenity Space and Children's Play Space

3.1     New residential development places increased pressures on open space, sport and recreation provision within the District. Planning obligations play a role in ensuring that facilities can cope with additional demand placed on them by new development and to ensure there is no shortfall in provision. New housing development will be expected to secure the provision of adequate open space including play space, in terms of both quantity and quality in accordance with Wyre Forest District Council ’s Health and Wellbeing SPD. Financial contributions towards health will not provide revenue to pay towards staff costs and should only be to pay towards infrastructure costs.

3.2     The NPPF identifies that access to a network of high-quality open spaces and opportunities for sport and physical activity is important for the health and well-being of communities and can deliver wider benefits for nature and support efforts to address climate change. Many local authority areas, including Wyre Forest District, have high levels of obesity. Access to open space and opportunities to participate in sport and recreation can have a positive effect on trying to reduce obesity and improving health and wellbeing of its citizens.

3.3     The NPPF defines ‘Open Space’ as being ‘all open space of public value, including not just land, but also areas of water (such as rivers, canals, lakes and reservoirs) which offer important opportunities for sport and recreation and can act as a visual amenity’.

On-site Provision

3.4     Policy DM.8 - Provision for Open Space, Sports Pitches and Outdoor Community Uses in Housing Development of the adopted Wyre Forest Local Plan sets out that the Council will require any major development, subject to viability, to make provision in accordance with the following principles:

1. On-site provision which meets local needs for open space, sport and play.
2. Off-site contributions instead of an on-site contribution where it can be demonstrated that on-site provision is not feasible or viable.
3. Contributions towards the enhancement of existing open space and/or creation of new areas of open space and/or sports facilities where the development would otherwise lead to a deficiency.
4. Provision of open space in the most accessible possible locations including access by cycle routes and provision for walking and cycling.
5. Play and recreation spaces for children and young people including the provision of play equipment for special needs children.
6. Creation of historic and/or environmental interpretation features, where appropriate. and
7. Street trees (where appropriate and subject to long-term maintenance arrangements).

3.5     Residential schemes will be expected to provide open space, sport and recreation facilities on-site unless its not viable or feasible to do so. The open space provided should be of a nature and location that can provide quality recreational opportunities to reduce pressure of High vale nature conservation assets that can be harmed by increased recreation pressure.

3.6    Play areas should be designed to meet the Fields in Trust ‘Planning and Design for Outdoor Sport and Play standard’:

• On developments between 10 to 75 dwellings, a Local Area of Play (LAP) will be required.
• On sites providing more than 75 and less than 200 new child bed spaces (including combinations of two or more adjacent sites), a Local Equipped Area for Play (LEAP).
• On sites of 200 or more child bed spaces (including combinations of two or more adjacent sites) a Neighbourhood Equipped Area for Play (NEAP).

3.7       Developers should also refer to the adopted Design, Amenity and Shopfronts SPD (2024) which includes further guidance on the design and aspects to include such as measures to make play parks disability friendly. For example, this can include adding features such as wheelchair accessible roundabouts, swings, accessible park gates capable of fitting wheelchairs and provision of some ground-based games which do not involve climbing. It must also be ensured that park benches are provided, and appropriate footpaths are included both leading up to the park gates and within the park itself.

3.8      Details of the required characteristics of Children’s Play Areas are set out in the table below:

Facility	Time	Walking Distance	Minimum Size	Characteristics
LAP (Local Area for Play)	1 minute	100m	100sqm.	Small, low-key games area
LEAP (Local Equipped Area for Play)	5 minutes	500m	400sqm.	5 types of play equipment, small games area
NEAP (Neighbourhood Equipped area for play)	10 minutes	1000m	1000sqm	8 types of play equipment, opportunities for ball games or wheeled activities.

3.9       When seeking approval of play park details (usually as part of a reserved matters or discharge of conditions), Developers should submit appropriate plans with the planning application showing the layout of open space. Parks should have a clear theme that relates to the location or historical importance of the area and open space can include ‘play on your way’. Children’s play areas should also be appropriately fenced for safety, this can include hedgerow boundaries when in a rural area. Provided play areas should ensure they include appropriate equipment for different age ranges of the community.

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Maintenance

3.10    When on-site provision is being made by a developer, it is generally acceptable for it to be maintained either by the developer themselves or via a management company, ensuring the life cycle of play and public realm features is recognised and mechanisms put in place to assure funding to maintain and replace as the objects and features come to the end of the manufacturer predicted life. It must be ensured that the equipment provided meets all necessary regulatory requirements and always remains publicly available except during maintenance periods. In addition, a scaled plan showing the areas to be maintained by the developer / management company needs to be submitted for the S.106 agreement in accordance with the requirements of a planning condition that seeks to secure public open space. Depending on the nature of the on-site provision (see paragraph 1.38), there is also the option of the developer vesting the on-site provision in the relevant town or parish council and setting out arrangements for funding the life-cycle of the play and public realm features.

Off-site Provision of Open Space Facilities and Improvements

3.11    Sports pitch contributions will be secured towards the provision, improvement and enhancement of playing pitches within the District or multi use games areas. An assessment of whether Developers will be required to make off-site sports pitch requirements will be carried out by the Council. This will be determined by factors such as distance to existing sports pitch provision and whether any existing provision in the area is sufficient for the increase of population caused by the new development. Off site parks/play areas that are accessible to new developments may be under additional pressure as a result of development and contributions may be sought towards improvement or maintenance of those areas. Payments will be made to the authority responsible for their upkeep, which may include town & parish councils. These requirements will be guided by the adopted Playing Pitch Strategy and Action Plan and in consultation with Sport England.

Calculation of Financial Contributions

3.12  The requirement for play and open space provision as part of proposals for new residential development will be considered in relation to the number of child bed spaces created, which is calculated as follows:

• 1-bedroom dwellings/sheltered housing = no child bed spaces
• 2-bedroom dwellings = 1 child bed space
• 3-bedroom dwellings = 2 child bed spaces
• 4 and 4+ bedroom dwellings = 3 child bed spaces
• A general guidance table relating to thresholds can be found within section 1 of this Supplementary Planning Document

3.13  The following formula will be used as a basis to calculate developer contributions for residential developments of 5 or more dwellings resulting in 5-74 child bed spaces within the District:

No of bed spaces x 24 sq.m (Fields in Trust standard/person) x *cost of provision /sq.m

*The cost of provision will reflect the cost of laying out of new open space per hectare within the District. These costs will be subject to annual inflation costs in accordance with the retail price index base payment. As of December 2024, the base payment is currently £34.78. Additional costs may also apply for late payments* For affordable housing contributions, the above formula will be used and then the total amount will be divided by 2 to provide a discounted cost and take into account the benefit of affordable housing.

Education

3.14    The opportunity of receiving a good education is central to achieving sustainable communities. Worcestershire County Council is the relevant infrastructure provider for education facilities and will be working in partnership with Wyre Forest District Council to deliver the infrastructure required to support housing growth. Provision of adequate education facilities is crucial in ensuring that all children have the opportunity to gain the vital knowledge, skills and qualifications needed for a right start in life.  

3.15    The Government attributes great importance to ensuring that a sufficient choice of school places is available to meet the needs of existing and new communities. The NPPF identifies that it is important that a sufficient choice of school places is available to meet the needs of existing and new communities. Local planning authorities should take a proactive, positive and collaborative approach to meeting this requirement, and to development that will widen choice in education.

3.16   Policy SP.26: Strategic Infrastructure, of the Wyre Forest Local Plan requires developer contributions for education and learning, which includes schools.

3.17   It states that; ‘where appropriate, planning obligations will be required to fund infrastructure projects that are directly related to specific development, including, but not limited to, affordable housing, transport, green infrastructure, education, health and other social infrastructure.’

Framework for Seeking Education Contributions and Amount of Contribution.

3.18   Where a proposed development results in the generation of additional pupil numbers in excess of that which local schools can accommodate within the local area, then a financial contribution may be required. Without investment, schools’ ability to accommodate extra pupils generated by new housing development can be compromised; therefore, it is important to maintain sufficient levels of school capacity for a growing population. The development industry has a key role to play in delivering this provision on a scale and kind that is appropriate and directly related to the new development.

3.19    A S106 contribution will not be required from development sites of fewer than 10 dwellings as it is anticipated that the impact on education infrastructure will be low.

3.20   To assess the overall impact of the development on education infrastructure the number of places required will be calculated on all dwelling types to derive the total number of school places required. However, in calculating the level of contribution required, exemptions will be applied for the following dwelling types:

• affordable or social rent dwellings where the landlord is a registered housing provider, and the provision is to meet local need from those families already resident in the area and the property will remain at an affordable price for future eligible households;
• all houses and flats with a maximum of one bedroom.
• homes for older people as defined by the National Planning Policy Framework (NPPF)
• flats or apartments specifically designed as student accommodation.
• specialist housing for people with disabilities; and
• developments that are 100% for commercial use (Class B1).

3.21    The current schedule of rates per pupil and other supporting information is available to download from:  Education Planning Obligations | Worcestershire County Council  and is subject to increase after the date of adoption of this SPD

Wolverley CE Secondary School and Sixth Form

Threshold for Contributions

3.22    The threshold for contributions will depend on the size of the development and the ability of schools related to the development to absorb the additional pupils likely to be generated. The size of the development is determined by the net gain in dwellings.

3.23   The County Council will assess the average number of surplus places by reference to the number of pupils on roll as at the October school census. This will be compared to the Published Admission Number for the most recent September intake for that school.

3.24   Contributions will be sought from housing developments where it can be shown that the scheme will result in a direct need for additional school facilities at one or more of the schools related to the development. Related schools will usually be those whose catchment area includes the proposed development site. Schools that do not use catchment areas may be identified as related schools where they are in close proximity to the development, meet the criteria on lack of surplus capacity, and can demonstrate a likely demand from families moving onto the development. If the school(s) identified as related to a development have no scope to expand, consideration will be given to nominating an alternative school which can be expanded.

Eligible Schools

3.25   Before a contribution is requested it will be decided which suitable project it will help to fund. This will be done at the application stage. Contributions will always be for permanent facilities and will not be used for providing temporary accommodation. An identified project may not be fully funded by one application and may be identified again for future applications up to a total of five agreements.

Procedure for Agreement and Payment of Contributions

3.26   Wyre Forest District Council will prepare a Section 106 Agreement, in consultation with the County Council, in respect of education provision. The level of contribution per dwelling will be agreed at this stage. In respect of outline planning applications an amount per dwelling (usually based on a formula calculation) will be agreed with the developer, which will then allow a final contribution to be calculated at the detailed planning application stage.

3.27   Education S106 contributions will be payable directly to Worcestershire County Council as the infrastructure provider. Worcestershire County Council will carefully monitor and commit to spending the contributions within the time period specified in the planning agreement.

Disbursement of Monies

3.28   Section 106 education contributions, together with any accrued interest, will be spent on capital projects at one or more of the eligible schools. Contributions can be spent on maintained, voluntary aided, voluntary controlled, academy and free schools.

3.29   Contributions may also be spent on school-based early years facilities, extended school facilities, youth facilities, or specialist facilities for children with disabilities, or other school-based provision for the benefit of those under 18 years old.

3.30   Unspent monies will be returned to the developer at the end of any period negotiated in the Section 106 Agreement.

The Bewdley School

Community Facilities

3.31    Community facilities provide for the health, welfare, social, educational, spiritual, recreational, leisure and cultural needs of the community. The provision of community facilities and services is essential to the quality of life of local residents.

3.32    Policy DM.6 - Community Facilities of the Adopted Wyre Forest Local Plan seeks to ensure that future developments fully consider the needs of local communities and seeks to promote and enhance facilities.

3.33    The NPPF seeks to deliver social, recreational and cultural facilities and services needed by the community. It requires planning authorities to plan positively for the provision and use of shared space, community facilities and other local services to enhance the sustainability of communities and residential environments.

General Community Facilities

3.34    Facilities such as community centres, youth facilities and meeting rooms, play a vital part in community life. It is important that adequate facilities are provided alongside new development, and that social and community facilities are accessible to all. Provision or extension of community facilities including community centres, meeting halls, heritage facilities, museums, youth centres, day centres and other similar social infrastructure, health facilities and places of worship may be sought in connection with new residential development.

Community and Youth Centres

3.35   Large scale housing developments may be expected to make on-site provision for community facilities in the form of community and youth centres, often as part of a neighbourhood centre depending on the need that arises from the development. It is expected that a shell and core building is constructed on site and is serviced. This is at a cost agreed by the Council. It is essential that community facilities are properly run and maintained in order to ensure the continued use by the community. Factors such as who will be required to maintain the community facilities will be set out within the Heads of Terms for the development.

3.36   Any facilities provided should be capable of use for indoor sporting and as a venue for voluntary groups, the Youth Service and where necessary social service uses. Where appropriate, these facilities should be capable of dual use as community and youth centres. Community facilities should meet the appropriate registration standards in respect of space requirements and other physical facilities for playgroups or nursery provision. 

Health

3.37   The provision of adequate levels of health care is an essential part of any sustainable community. The NHS Herefordshire and Worcestershire plans and provides the health care facilities within the District. NHS Herefordshire and Worcestershire is responsible for planning and buying a wide range of healthcare services, including most hospitals, community and mental health services and ensuring the quality of these services. This also includes NHS acute care, for specialised care to people with severe, often life-threatening conditions that require immediate and intensive medical attention. Within the Wyre Forest District there are 9 GP practice locations.

3.38   The NPPF identifies that planning should support local strategies to improve health. Local authorities should work with public health leads and health organisations to understand and take account of the health status and needs of the local population.

Although a local planning authority does not have direct control over the provision of health services delivered in the District, the Council has a responsibility to set out the policy framework to enable those who provide services to make investment decisions.

3.39    Policy SP.16: Health and Wellbeing, within the Wyre Forest Local Plan, sets out that Development should help minimise negative health impacts and maximise opportunities to ensure that people in Wyre Forest District lead healthy, active lifestyles and experience a high quality of life. Wyre Forest District has an ageing population which is forecast to increase. The District has generally a higher than national average of obesity both in children and adults, also higher than national average rates of asthma, chronic heart disease, hypertension and stroke.

3.40    Within larger new developments, which are defined as those of more than 10 residential units to be constructed, or where the number of residential units is not given, or those having a site area of 0.5 hectares, land may be required to be allocated to enable the provision of healthcare facilities required directly and solely as a result of that development. Alternatively, financial contributions may be required to ensure no deficiency in health services as a result of the development, either by providing new facilities or to enable a project to expand existing facilities that are needed to meet the additional demand arising from that development. Contributions can only be sought for capital costs and not to recover revenue or staffing shortages. Residential development and population growth impact on the demand for all elements of social infrastructure including education, emergency services and health and this includes both primary care and secondary healthcare services. Increased access to open space and participation in exercise can lessen the impact of various illnesses which are partially attributed to inactivity and poor air quality, an example is cycling which, if increased, can lower obesity and diabetes.

3.41    Off-site financial contributions towards health as a result of larger developments would be secured by a Section 106 legal agreement completed during the planning application process. Contributions must be paid to the Council and only once evidence (e.g. an invoice) has been provided by the NHS confirming the total amount and type of works will the money be released by the Council to ensure the works are CIL compliant.

4 Environmental Infrastructure

4.1       The Council as local planning authority has a duty under national, regional and local directives, policies and guidance to protect the local environment from development and seek sustainable development. Green Infrastructure or GI is the network of green spaces that intersperse and connect our cities, towns and villages, providing multiple benefits for our environment, economy and communities. GI is a comprehensive approach to viewing and managing the natural environment; acknowledging the multiple benefits and vital services it provides and making tangible links to economic, health and social welfare agendas and aspirations. The components of GI include biodiversity, landscape, historic environment, access and recreation and water.

The Environment Act (2021)

4.2       The Environment Act 2021 introduced significant new requirements to enhance environmental protection, particularly in relation to Biodiversity Net Gain (BNG), air and water quality and conservation efforts. A key provision is the mandatory 10% biodiversity net gain, requiring most developments to deliver measurable ecological improvements, either on site or off site via biodiversity credits. Local Planning Authorities must ensure that developments comply with BNG requirements before granting Planning Permission.

Habitats Regulations (2017)

4.3       The Conservation of Habitats and Species regulations 2017 (commonly known as habitat regulations provide legal protection for wildlife sites, including Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). Under these regulations, Habitat Regulation Assessments are required for any development likely to have a significant effect on these protected sites. This includes considering impacts on water quality, air pollution and recreational pressure.

4.4       Together, these laws strengthen environmental safeguards in the planning process, ensuring that developments contribute positively towards biodiversity and do not harm protected habitats.

4.5       In 2023, the Worcestershire Green Infrastructure Partnership, which Wyre Forest District Council is part of, published the Worcestershire Green Infrastructure Strategy 2023-2028. The strategy provides details on the context and the spatial priorities for Green Infrastructure in Worcestershire, including at a district level. This document is available at Planning for Green Infrastructure | Worcestershire County Council

4.6    New development can result in either a minor or major impact on the local environment. The way a scheme minimises or off-sets its impact and contributes positively to its surroundings, whether in an urban setting or more rural, green environment, will determine how acceptable a proposal is likely to be. As a first priority, adverse environmental impacts should always be avoided. Only where there are no suitable alternatives and reasons for the development outweigh any damage should planning obligations be considered to mitigate against environmental damage.

Biodiversity and Geodiversity

4.7       The NPPF, together with DEFRA Circular 06/005, provides guidance on how local authorities should protect and enhance biodiversity. Section 40 of the Natural Environment and Rural Communities Act 2006 placed a duty on local authorities to conserve biodiversity so far as it is consistent with the proper exercise of its functions. It defines conserving biodiversity as including the restoration or enhancement of populations of a living organism or type of habitat.

4.8       Wyre Forest District supports a wide range of habitats and species which are recognised in the UK Biodiversity Action Plan for habitats and species (UK HAPs & UK SAPs). Of principal importance are the District’s lowland acid/heathland communities; orchards, wetland corridors, wetland and wet woodland; and extensive ancient semi-natural broadleaf woodlands such as the National Nature Reserves of the Wyre Forest and Chaddesley Woods. A large area of the District also falls into the Abberley and Malvern Hills Geopark.

4.9   Policy SP.23 of the Local Plan requires new development to contribute to biodiversity within the District, either by enhancing opportunities within the site or making a contribution to off-site biodiversity projects. Policy SP.24 seeks to ensure new development strives to enhance and not have a detrimental impact on the geodiversity of the District. Any development, whether residential or commercial, which affects an area of ecological importance such as National Nature Reserves, Sites of Special Scientific Interest, Local Nature Reserves, Local Geological Sites, or providing enhancement of wildlife corridors should refer to the County Council’s Local Nature Recovery Strategy (LNRS), once published to target where and what biodiversity enhancement can be provided. Areas known to support UK Priority habitat and species will need to be assessed individually. Within the context of the development proposals, if the Council considers that the development requires environmental mitigation to make it acceptable and that this cannot be appropriately secured through planning conditions, then the Council will seek to secure appropriate mitigation through planning obligations.

4.10    Most developments must now demonstrate a mandatory 10% biodiversity net gain when applying for planning permission. There are some development exemptions and these are listed in the Biodiversity net gain: exempt developments guidance (Biodiversity net gain: exempt developments - GOV.UK (www.gov.uk)).  However, it should be noted that whilst these 10% Biodiversity Net Gain exemptions apply, the Council ’s planning policies, notably Policy SP.23 Protecting and Enhancing Biodiversity, still require proposed developments to deliver measurable net gains in biodiversity. Biodiversity Mitigation should wherever appropriate use the Guidance set out in the LNRS once published or the seek advice from the Council up to that point, and provide connectivity and links to existing nearby habitat types.

4.11    To comply with BNG requirements, developers must follow the mitigation hierarchy, which prioritises:

• Avoiding biodiversity loss where possible.
• Minimising impacts on existing habitats
• Restoring and enhancing biodiversity within the site.
• Providing off-site compensation if on-site measures are insufficient.

4.12    Developers may be required to deliver or contribute towards the following mitigation measures through planning conditions or S106 agreements.

On-site BNG Mitigation

• Habitat Creation and enhancement – Restoring or creating habitats such as wildflower meadows, wetlands, acidic grasslands or woodlands.
• Green Infrastructure – Incorporating green roofs, living walls, and sustainable drainage systems (SuDS) that benefit biodiversity.
• Wildlife corridors and connectivity – Installing bat and bird boxes, hedgehog highways, or reptile refuges.
• Site specific measures

Off-Site BNG Mitigation

4.13    Where on-site BNG is not feasible, developers may be required to secure off site enhancements through:

• Financial contributions – Funding habitat restoration or conservation projects in designated biodiversity areas.
• Landowner agreements – Partnering with landowners to create and maintain biodiversity rich habitats.
• Biodiversity Offsetting – Purchasing biodiversity units from an accredited off-site provider.

Long Term Monitoring and Management

4.14    BNG must be maintained for a minimum of 30 years, which may require:

• Management Plans – Setting out maintenance responsibilities and monitoring requirements.
• Legal agreements (e.g. S106 agreements) securing long term habitat protection and funding mechanisms.
• Independent monitoring – Ensuring compliance through ecological assessments and reporting.

Nature Recovery Strategy and Planning Obligations

4.15    The Nature Recovery Strategy sets out a framework for protecting and enhancing biodiversity at a local level, identifying key habitats and ecological networks that need restoration or improvement. As part of the planning process, developments may be required to contribute towards the objectives of the NRS through planning obligations, particularly where proposals impact priority habitats or offer opportunities for habitat creation and enhancement. Contributions for this may include on-site biodiversity improvements, off-site habitat restoration, or financial contributions to local nature recovery projects, ensuring development supports wider ecological resilience and biodiversity net gain.

4.16    Developers should engage with the LPA early in the planning process to ensure BNG measures are effectively designed, implemented and secured through appropriate planning obligations.

Flood Alleviation

4.17    Worcestershire's natural environment and geography is such that the County is already at risk of flooding from a number of sources including rivers and surface water and this is predicted to increase with climate change. This is demonstrated by the Worcestershire Local Flood Risk Management Strategy and Worcestershire Surface Water Management Plan.

4.18    Environment Agency figures suggest that the following number of properties are at risk in Worcestershire:

1 in 100 years (1% annual probability) fluvial = 6,300

1 in 1000 years (0.1% annual probability) fluvial = 11,200

1 in 100-year surface water (uFMfSW) = 15,100

4.19    As set out in the NPPF and especially more detailed guidance in NPPG, inappropriate development in areas at risk of flooding should be avoided. In exceptional circumstances development might be permitted in an area at risk of flooding, following application of the Sequential Test. Where development is permitted in areas at risk of flooding the NPPF is clear that the risk of flooding should not be increased elsewhere and that any residual risk is safely managed, applying the Exception Test if required. An exemption test is where it must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk, informed by a Strategic Flood Risk Assessment where one has been prepared.

4.20    Policy SP.31 of the Local Plan requires that, for developments in areas with known surface water flooding issues, appropriate mitigation and construction methods are provided. Also of relevance is policy SP.32 Sustainable Urban Drainage (SuDS) of the Local Plan.

4.21    Residual risk management might require on-site mitigation measures, such as the raising of floor levels, positioning of electrical sockets at a higher level or using more water-resistant materials. The use of such measures will normally be secured through planning conditions rather than a planning obligation.

4.22    In order not to increase the risk of flooding elsewhere, it is important that the development will not have an adverse impact upon flood flows or storage and that runoff rates and volumes leaving the development site will be limited to pre-development (Greenfield) levels. If this level of limitation is not reasonably practicable then for brownfield sites higher rates and volumes could be considered, however they should be as close as possible to Greenfield levels and provide a betterment compared to the pre-development situation.

4.23    Where a development includes the provision of off-site flood defence and mitigation works a planning obligation may be appropriate. The developer will be expected to provide either the works or adequate funding to secure timely completion of the necessary works as well as a contribution to ensure that the works will be maintained in order to aid effective operation. In all cases, the type and location of the works should be justified and agreed with the appropriate Risk Management Authority, as defined in the Flood and Water Management Act 2010.

Sustainable Drainage Systems (SuDS)

4.24    There is the expectation that SuDS will be provided for the management of runoff in all major developments wherever appropriate, and that the design will conform to the non-statutory technical standards for SuDS (Defra, 2015) and consideration should also be given to how SuDs can integrate well with Green Infrastructure. The ongoing maintenance of the SuDS scheme may need to be subject to a Section 106 Agreement. The maintenance required would normally be the responsibility of a management company. 

Flood Warning and Existing Flood Defence Contribution

4.25    Where it can be demonstrated by the appropriate Risk Management Authority that a development puts additional demand on a flood warning system or existing flood defence scheme such as where the existing service needs to be extended or varied due to additional development, a contribution will be required to support the additional demand. Contributions will be directed towards a specific flood warning system or existing flood defence scheme which will be set out within the s106 agreement. Furthermore, an off-site financial contribution may be required towards the Environment Agency Flood Defence projects or Flood Warning Alarm. A system or scheme may be funded from pooled contributions.

Public Realm

4.26    The public realm includes the streets and open spaces within the District, which bind it together. It relates to all parts of the District to which people have physical and visual access. Planning Obligations relating to public realm improvements are usually required when dealing with major commercial developments within town centres. The design and quality of the public realm is central to creating successful places in terms of providing the space for movement, safety, interaction and activity as well as defining the setting and relationship between surrounding buildings. High quality and well-designed public realm can enhance the historic environment and can also serve to promote sustainable transport choices, by encouraging walking and cycling, and facilitating access to public transport hubs and services. Safety initiatives such as well-lit public realm should be well designed to ensure that it is balanced against any potential impact on protected species in the area.

4.27    National policy guidance highlights the importance of planning positively for the achievement of high quality and inclusive design for all development, including individual buildings, public and private spaces.

4.28    A number of Local Plan policies are relevant including:

• SP.20 Quality design and Local Distinctiveness
• SP.21 Historic Environment
• SP.22 Landscape Character
• SP.25 Regenerating the Waterways
• SP.28 Green Infrastructure

Local Plan Development Management Policies:

• DM.8 Provision for Open Space, Sports Pitches and Outdoor Community Uses in Housing Development
• DM.24 Quality Design and Local Distinctiveness
• DM.28 Wyre Forest Waterways

4.29    Both the Wyre Forest Design, Amenity and Shopfronts Supplementary Planning Document (July 2024) and the Health and Wellbeing Supplementary Planning Document (July 2023) provide detailed advice on the Council ’s expectations for the delivery of high-quality development, setting out how the Council ’s design policies should be interpreted and what will be expected from developers and designers.

4.30    Developer contributions will be sought in appropriate circumstances for works to improve the public realm. This will need to take account of ongoing maintenance and may include:

• Pedestrian links to local facilities and public transport
• Surrounding footways and streetscape
• Community safety initiatives
• Climate change initiatives such as solar panels within the public realm
• Street furniture
• Public art
• Planting of trees in locations where they have opportunity to reach full maturity over the lifetime of the development

4.31    The quality of the environment within town centres is extremely important in maintaining their viability. New development both within and adjacent to the town centres enhances the use of the public realm, resulting in an increased need for new infrastructure. The Council therefore considers it appropriate to secure contributions from individual major developments to improve the public realm within town centres.

4.32    Contributions will be directed towards a specific public realm project which will be named within the planning obligation agreement. Contributions will be directed to locations where the provision or improvement of public realm would be directly related to the development, although this may not always be immediately adjacent to the development site. A public realm project may be funded from pooled contributions.

5 Other Areas

5.1    There may be occasions where developments generate the requirement for infrastructure requirements not mentioned elsewhere in this SPD. The general need for development to mitigate any adverse impacts on infrastructure is supported by policy SP.26 of the Local Plan.

Glossary

Adopted Wyre Forest Local Plan (April 2022) – this is the District’s Development Plan. The Local Plan guides decisions on future development proposals and addresses the needs and opportunities of the area.  It sets out the broad locations for delivering housing and other major development needs in the District such as employment, retail and transport.

Authority Monitoring Report (AMR) – an annually produced document which sets out the progress made in achieving the timetable set out in the Local Development Scheme (Project Plan) as well as measuring the effectiveness of the development plan policies.

Air Quality Management Area (AQMA) – areas designated by Wyre Forest District Council where the level of pollutant concentrations in the atmosphere results in the air quality not meeting the objectives set out by central government in 2005.

Biodiversity - the variety of life on earth or in a specified region or area.

Biodiversity Net Gain - Biodiversity Net Gain (BNG) is an approach to development, land and marine management that leaves biodiversity in a measurably better state than before the development took place.

Community Facilities – facilities which provide for the health, welfare, social, educational, spiritual, recreational, leisure and cultural needs of the community.

Community Infrastructure Levy (CIL) - allows local authorities in England and Wales to raise funds from developers undertaking new building projects in their area. The money can be used to fund a wide range of infrastructure that is needed as a result of development. This includes transport schemes, flood defences, schools, hospitals and other health and social care facilities, parks, green spaces and leisure centres. In order to collect CIL, local planning authorities must prepare, consult on and adopt a charging schedule setting out how much CIL developers need to pay for each type of development and a Regulation 123 list setting out what CIL monies will be spent on. Once collected, CIL receipts must be spent on the projects on the authority’s Regulation 123 List.

Conditions - attached to planning approval Decision Notices which restrict the development or require additional details.

Conservation Area - an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.

Development Plan – the Development Plan for the District is made up of the Adopted Wyre Forest Local Plan (2022). Neighbourhood Plans also form part of the Development Plan once adopted.

Geodiversity – the range of rocks, fossils, minerals, soils, landforms and natural processes that go to make up the Earth’s landscape and structure.

Green Infrastructure – the living network of green spaces, water and environmental systems in, around and beyond urban areas.

Heritage Asset - a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest.

Infrastructure Delivery Plan (IDP) - this document contains a list of all infrastructure needed to support sustainable growth, as set out in the Adopted Core Strategy.

Listed Building - buildings designated to be of ‘special architectural or historic interest’ by the Secretary of State under the Listed Buildings and Conservation Areas Act 1991.

Local Needs Housing – including affordable housing and market housing which addresses the needs of different groups in the community such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes, as established through Parish Housing Needs Surveys, Neighbourhood Plans and the Housing Register.

Local Planning Authority (LPA) - A local planning authority (LPA) is the local government body that is empowered by law to exercise urban planning functions for a particular area.

Local Transport Plan - a five-year integrated transport strategy, prepared by local authorities in partnership with the community, seeking funding to help provide local transport projects.

Major Developments - major developments include. Residential development compromising at least 10 dwellings or a site area of at least 1 hectare if the number of dwellings is not specified.

Other uses where the floor space to be built is greater than 1,000 square metres or the site area is at least 1 hectare in size.

Material Consideration - any consideration that relates to the use and development of land is capable of being a material planning consideration.

National Planning Policy Framework (NPPF) – the document which sets out the Government’s planning policies for England and how these are expected to be applied. It provides a framework within which local people and their accountable Council s can produce their own distinctive local and neighbourhood plans that reflect the needs and priorities of their communities. The NPPF must be taken into account in the preparation of local and neighbourhood plans and is a material consideration in determining planning applications.

Planning Practice Guidance (PPG) - web based resource which brings together planning practice guidance for England.

Public Realm - the areas of a settlement for the general use of the public such as streets, squares and parks, most frequently in the ownership of a public body.

ReWyre Initiative/Regeneration Prospectus – the prospectus aims to highlight Kidderminster’s challenges and opportunities in order to attract support and investment into the town.

Rural Exception Sites – small sites for the provision of affordable housing in perpetuity or to meet another specific identified local housing need (as evidenced through the Parish Housing Needs Survey, Neighbourhood Plan or the Council ’s Adopted Local Connections Policy), at locations which would not normally be suitable for housing. Rural exceptions sites seek to address the needs of the existing local community by accommodating households who are either current residents or have an existing family or employment connection. Small numbers of market homes may be allowed at the local authority’s discretion, for example where essential to enable the delivery of affordable units without grant funding.

Section 106 Agreement (S106) - an agreement entered into between a landowner and the local planning authority, whereby the landowner undertakes to do specific actions in relation to the development the Section 106 (of the Town & Country Planning Act) Agreement relates to. This could cover, for example, providing public open space or agreeing the detailed use of the land. Also referred to a planning obligation. A Section 106 Agreement or obligation can only be imposed if it is necessary to make the proposal acceptable in land-use planning terms.

Site of Special Scientific Interest (SSSI) – a specifically defined area within which protection is afforded to ecological or geological features. Sites are officially notified by Natural England.

Strategic Housing Market Assessment (SHMA) – the SHMA is an assessment of housing market influences, current and future housing demand issues, impacts of past and planned housing supply and the impacts of economic and demographic changes. A Monitoring Report is produced annually to monitor changes in the data which underpins the assumptions in the SHMA.

Supplementary Planning Document (SPD) – provide additional information to guide and support the Development Plan.

Sustainable Communities – sustainable communities are places where people want to live and work, now and in the future. They meet the diverse needs of existing and future residents, and are sensitive to their environment, and contribute to quality of life. They are safe and inclusive, well planned, built and run, and offer equality of opportunity and good services for all.

Sustainability Appraisal (SA) – the purpose of SA is to ensure that the Development Plan and associated Supplementary Planning Documents (SPDs) conform to the Government principles of sustainable development which are:

• Living within environmental limits
• Ensuring a strong, healthy and just society
• Achieving a sustainable economy
• Promoting good governance
• Using sound science responsibly

Sustainable Drainage Systems (SUDs) - schemes for handling surface water by means other than pipes and storm drains, such as permeable surfaces, filter drains, filter strips, swales, retention or balancing ponds, infiltration basins, trenches and soakaways, to reduce the potential of flooding and improve water quality on new and existing urban developments

The Town and Country Planning (Local Planning) (England) Regulations 2012 – these regulations provide the legal framework for the preparation of planning policy documents including the Local Plan and Supplementary Planning Documents (SPDs).

Water Cycle Strategy – the Water Cycle Strategy assesses the constraints and requirements that may arise from the scale of the proposed development on the water infrastructure in the district. The report focuses on potential development sites and assesses the flood risk, water supply, sewerage infrastructure, wastewater treatment, river quality and demand management measures.