Policy DM8 Open space
Protection of existing open space
Development leading to the loss of open space (identified on the Policies map) which is used primarily for sport or recreation will only be permitted where:
a) the proposal would result in an overall qualitative or quantitative improvement to recreational facilities (either within the open space or on an alternative accessible site in the locality; and
b) the benefits to sport or recreation would outweigh the loss of that open space.
For the purposes of this policy “loss of open space which is used primarily for sport or recreation” is taken to include the loss of any recreational buildings ancillary to and directly associated with the open space and essential to its recreational function. Proposals involving the loss of any other recreational buildings in community use which are not associated with open space will be assessed in accordance with policy DM22 of this plan.
In addition, development leading to the loss of open space of whatever type (identified on the Policies map), will only be permitted where:
a) the proposal would not cause significant harm to the amenity or biodiversity value of the open space; and
b) an assessment shows that the site is no longer required for or is demonstrably unsuitable for its original intended purpose; and
c) there is no viable or reasonably practicable means of restoring or re-using it for an alternative form of open space.
In assessing proposals for development on existing school playing fields which involves the extension, expansion or redevelopment of school buildings and facilities, significant weight will be given to the need to meet identified local needs for school places over the plan period and beyond. Such development will be supported and accepted where it meets the criteria in policy DM22.
The development of allotments for other uses will not be permitted unless new provision of an equivalent size and an equal or higher standard is provided on an alternative accessible site in the locality.
Provision of new open space
All development involving the construction of new dwellings (or their provision through conversion or change of use) is required to contribute to the provision, enhancement and maintenance of local open space either by means of on-site provision or indirect contribution through the community infrastructure levy.
Proposals for development on sites not already identified in the Site allocations plan which:
- involve the development of 100 dwellings and above; or
- are on sites of over two hectares in size
will be required to provide for informal publicly accessible recreational open space on-site as an integral part of the overall design and landscaping of the development. The space provided should be of an appropriate form and character to allow for meaningful use and will be additional to the requirements for site landscaping and green infrastructure set out in policy DM3.
In addition, on all sites which provide 100 child bed spaces or more, proposals should include the on-site provision of younger children’s playspace (of at least 150 sq. metres in size with a minimum of four different pieces of equipment) unless there is a play area of equivalent standard within 400 metres walking distance of the site. In these circumstances, developers will be expected to provide for the improvement, enhancement or reprovision of any such established play area or areas, such provision being commensurate with the level of new playspace demand likely to be generated from the development.
Proposals for new freestanding allotments will be permitted where they contribute toward meeting identified local need and they are provided in an accessible site in the locality.
Proposals for new and enhanced local green spaces which are not already identified as open space on the Policies map will be encouraged where:
a) they make a positive contribution to the visual amenity, biodiversity value or character of neighbourhoods; and
b) their use as local green space would not conflict with site specific proposals in the site allocations DPD or compromise the regeneration of a wider area.
Supplementary text
8.1 Norwich is generally well provided with open space with around 500 hectares of parks and open spaces. The city benefits from large natural areas such as Mousehold Heath and the river valleys, many fine parks such as Earlham Park, Eaton Park and Wensum Park, allotments and numerous areas of informal open space for residents to enjoy. Green open space in development is of vital importance in enhancing local amenity, helping to promote better health and well-being and fostering community cohesion, as well as providing essential green infrastructure, establishing habitats and networks of ecological and wildlife value and contributing greatly to the character and appearance of the city.
8.2 For the purpose of this policy, open space includes:
- Parks and gardens
- Natural and semi natural green space;
- Green corridors;
- Outdoor sports facilities and recreation grounds;
- Indoor sports facilities where associated with an area for outdoor sport and recreation and essential to the function of that area;
- Informal amenity open space;
- Outdoor play provision for children and young people;
- Allotments and community gardens.
8.3 In practice, most open spaces serve more than one function. For example, an open space such as Eaton Park is important for sport, play, biodiversity, amenity and recreation.
8.4 An open space needs assessment, including an audit of the quality, quantity and accessibility of all open spaces in the city, was published in December 2007. This has been supplemented by a commissioned study on local requirements for indoor sport undertaken by Sport England in October 2011 using their standard facilities planning model. The needs assessment and sports hall study provide the most up to date evidence on the overall provision and distribution of open space and other community facilities within the city. Area profiles provide more detailed assessment of the adequacy of open space provision based on the defined areas. The Open space, sport and recreation topic paper supporting this plan provides additional background and sets out the main conclusions of both studies whilst the Open space strategy will establish council priorities for investment in open space across the city.
8.5 Areas of open space identified as part of the study are shown on the Policies map. The presumption of this policy is that the loss of designated open space which is in, or has the potential of being put to, beneficial and viable use will only be permitted if it can be shown that redevelopment would bring demonstrable and overriding benefits. Decisions will take account of the spatial planning objectives of the JCS, policy DM1 of this plan and the presumption in favour of sustainable development set out in the NPPF. Development which would adversely affect the character of historic parks and gardens will not be permitted in accordance with the NPPF and policy DM9 of this plan.
8.6 In relation to formal open space whose primary purpose is sport and recreation, any redevelopment should be capable of delivering overall sporting benefits. Where indoor sports facilities are not associated with a designated open space but are freestanding buildings, they are not generally indicated on the Policies map and are assessed as community facilities subject to policy DM22.
8.7 In assessing proposals which involve the loss of recreational open space, the council will have regard to the adequacy and inclusivity of any replacement open space and/or built facilities offered as part of the proposal (i.e. to what extent the proposal offers opportunities for socially inclusive recreation available to all as opposed to more exclusive or specialist activities), the accessibility and quality of existing open space and recreational facilities on the proposal site and elsewhere in the locality and the overall sufficiency of open space and recreational provision in the area, taking account of up-to-date needs assessments for the type of open space or facility involved.
8.8 The requirement of policy DM8 for alternative provision on an “accessible site in the locality” will mean that such a site, where offered, should be a genuinely accessible and reasonable alternative to users who would be displaced from the proposal site and (to comply with the NPPF and policies DM1 and DM28 of this plan) should not result in an increase in the overall need to travel.
8.9 For neighbourhood facilities mainly serving the local community (including allotments) the council’s expectation is that the maximum distance to such an alternative site should normally be no more than 400 metres, and should not involve crossing a major road. For larger open space and recreational facilities serving a city wide catchment, or a particular sector of sport, it may not be practicable to offer an alternative site in the immediate vicinity. In these circumstances the overall net benefits of any replacement package would need to be assessed and negotiated flexibly on a case-by-case basis.
8.10 Any proposal considered under this policy which involves the loss of school playing field land must take account of the provisions of Section 77 of the School Standards and Framework Act 1998 which requires the agreement of the Secretary of State before planning permission is sought for development or change of use. It is a requirement that any proceeds from the disposal of the school playing field must be used towards specific projects to improve or enhance sports or educational facilities.
8.11 As well as protecting existing open space from inappropriate development, it is essential that the quality of that space can be improved and its accessibility enhanced so residents and visitors can continue to enjoy it. It is also important that new development proposals should exploit the potential for enhancement and extension of open space and green infrastructure to serve future residents and other users. To achieve this, all residential development will provide a contribution towards the provision, enhancement and maintenance of open space through the community infrastructure levy, as part of the standard obligations set out in policy DM33 of this plan. This may include the provision of informal open space within existing residential areas, contributions toward the provision of community allotments within new development and the enhancement of existing allotments where local need for such provision is identified.
8.12 Although there may be relatively few instances where windfall sites of such size emerge over the plan period, the expectation of this policy is that provision for a dedicated area of formal open space will normally need to be made on-site for schemes which provide more than 100 new dwellings or are more than two hectares in size, unless local circumstances or other material considerations indicate that a different approach is necessary.
8.13 The approach to be taken in individual cases would depend on the precise nature and location of the site and would need to take account of the availability and accessibility of recreational and other open space nearby, any identified shortages of particular types of open space in the area, the scope of the site to accommodate communal open space to serve a number of separate smaller development sites in the vicinity and the particular form and character of existing development in the surrounding area.
8.14 Sites below this size thresholds given are unlikely to be able to accommodate areas of viable formal recreational open space which it is cost effective to adopt and maintain at public expense, although smaller areas of amenity open space and other hard and soft landscaped areas will be required in all development as an essential part of the scheme design in accordance with policy DM3. As an indicative guide, on-site open space provided in accordance with this policy in combination with incidental open space and landscaping required under policy DM3 should not generally be less than 20% of the total site area.
8.15 Where dedicated open space is required on larger sites and is considered to be the most appropriate way of providing it to serve local needs, the council will encourage flexible funding solutions making use of an appropriate proportion of pooled CIL contributions. In appropriate cases there may be scope for refunding a portion of CIL contributions for green infrastructure back to the developer to meet the direct costs of providing and maintaining an area of open space within the site. Alternatively contributions may be used to enhance and upgrade existing open space in the locality and provide for the enhancement of green links between areas of open space.
8.16 As part of overall enhancement of open space in Norwich, this plan supports proposals for the creation and designation of smaller local green spaces (for example, community gardens) as promoted by the NPPF.
8.17 The Open space needs assessment shows that within all four sectors of the city there is a shortfall of play provision. This plan cannot require any proposed housing development to provide playspace to address a pre-existing shortfall, since this would be contrary to national advice that planning obligations must relate directly to the development proposed. New housing schemes, including those where housing is provided as part of mixed use development will however contribute to the additional need for children’s playspace generated from its occupiers. Where appropriate, proposals may offer opportunities to consolidate or enhance existing play provision in the neighbourhood at the same time. All sites of 100 child bedspaces or more will make provision for younger children’s equipped playspace as part of the development; however in cases where a well- equipped children’s play area already exists within 400 metres walking distance from the site an alternative may be to fund an upgrade to this existing play area in preference to creating a new one, or to relocate an existing nearby play area in a more accessible location within the new development, releasing the site for other uses.
8.18 For the purposes of this policy, a “child bed space” means any bedroom additional to the first bedroom in a dwelling (up to a maximum of three child bed spaces), discounting any rooms designed specifically for elderly people. Thus the calculation is:
- a dwelling with two bedrooms provides one child bed space;
- a dwelling with three bedrooms provides two child bed spaces;
- a dwelling with four or more bedrooms provides three child bed spaces.
8.19 Further detail on the provision of open space and playspace and the funding and delivery mechanisms available to provide it is expected to be brought forward in an advice note.
References
- NPPF: CLG, 2012, Section 8 – Promoting healthy communities: ensuring access to high quality open spaces and opportunities for sport and recreation that promote the health and well-being of communities, protect existing open space from development except where clear and overriding justification; provide for local green spaces.
- National Planning Practice Guidance, CLG 2014: Open space, sports and recreation facilities, public rights of way and local green space.
- JCS policy 1: Addressing climate change and protecting environment.
- JCS policy 7: Supporting communities.
- JCS policy 11: Norwich city centre.
- JCS policy 20: Implementation.
- Assessing needs and opportunities guide for indoor and outdoor sports facilities, Sport England, July 2014.
- Norwich open space needs assessment, and individual area profiles; Leisure and the Environment, December 2007.
- Sports hall provision in Norwich, 2011 profile report; Sport England, October 2011.
- The Protection of school playing fields and land for academies, Department for Education, July 2007.
- A Sporting future for the playing fields of England, Sport England, 1997.
- Greater Norwich Local investment plan and programme.
