1. Section 106 Agreements

Open Space Fund – Applicable to Provision of Open Space in New Housing Development (Policy 21)

In certain situations, it will not be possible to provide open space provision in new housing development. In this circumstance the Council will require a commuted sum payment from the developer which will contribute towards the new provision, or, enhancement of existing open space provision in the local area. A figure in the range of £1,000 - £1,200 per house developed will be required.

The developer is also required to make a commuted sum payment to guarantee the future maintenance of the open space for ten years after the development is completed. This will be set by the Council’s Parks, Cemeteries and Outdoor Recreation Department.

The fund will be used to provide new provision, and the enhancement and maintenance of existing open space within the Borough. This could include works to benefit biodiversity such as where an application site is in close proximity to a known biodiversity site, by the creation of new habitats in new or existing open space, by changes in land management to benefit wildlife, procurement of land that would enhance wildlife corridors, and/or by contributing to Local Nature Reserve provision. The fund will be administered by the Council’s Parks, Cemeteries and Outdoor Recreation Department.

Brownfield Site Development Fund - Applicable to Protected Employment Areas (Policy 22)

The Brownfield Site Development Fund was established by Council resolution in August 1998. It was agreed to secure funds from developers who wished to redevelop Essential Employment Areas. These funds would then be used to help regenerate brownfield sites and redundant buildings, bringing them back into employment use.

In this Local Plan, policy based on Protected Employment Areas (Policy 22) seeks to encourage the retention and re-use of quality employment sites in Pendle, thus reducing the need for new greenfield development for employment purposes. However, there are instances whereby traditional industrial or business premises have become obsolete for employment use, in such cases, redevelopment may be appropriate. In this instance a contribution to the Brownfield Site Development Fund will be sought. A figure in the range of £40, 000 to £60, 000 per hectare of land lost (gross land, including any buildings) will be sought. This sum of money has been derived from an analysis of the increase in value gained by securing a change of use on the site, for example, from industrial to say residential or retail, and applying a percentage of that to the Fund.

The fund will be used for any brownfield site in Pendle where the Borough Council seeks to get involved to secure employment development. The fund will be administered by the Executive Director (Regeneration). The fund will enable the Borough Council to contribute to the costs of abnormal works. These could include demolition, dealing with contamination from previous uses, ground conditions, a new access or services if these are required, other amenity/environmental considerations and refurbishment works to redundant buildings.

Traffic Calming Fund – Applicable to Creating an Improved Transport Network (Policy 29)

Traffic Calming will be required as part of new large developments (over 0.4 ha). However, new development has the potential to increase traffic flows in surrounding areas, consequently there will be instances where Traffic Calming is required within the neighbouring vicinity of the new development.

Funds for new or improved Traffic Calming in the surrounding area will only be sought on developments of 0.4 ha or more in site area. This will also apply where a phase of a larger development is to be developed, funds will be sought on a pro-rata basis. The level of money to be contributed will be negotiated with the Highway Authority.

The fund will be administered by the Local Highway Agency or outside of the Local Agency remit, by the County Highways Authority.

Public Transport Improvement Fund – Applicable to Sustainable Travel Modes (Policy 30)

In order to reduce car travel and increase the usage of more sustainable modes of travel, it is important to locate new development in locations easily accessible by a variety of travel modes. However, the accessibility of new development can be improved by strengthening existing public transport services.

Developers who wish to build on sites of 0.4 ha or more, irrespective of proposed use, will be expected to contribute to a Public Transport Improvement Fund. The accessibility questionnaire in Appendix 2: Car and Cycle Parking Standards will be used to identify those areas which have a deficiency in terms of public transport provision or those sites with inadequate public transport links. The fund could then be used to target those areas where there is a deficiency of public transport provision. The required funds will be negotiated with Lancashire County Council and will be administered by them as the Public Transport Co-ordinating Authority. 

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