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Developer Contributions and Affordable Housing (Section 106) Developer’s Guide Part 2 Interim Document November 2008 Updated September 2017

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Page 1: Developer Contributions and Affordable Housing (Section 106) · Developer Contributions and Affordable Housing (Section 106) Developer’s Guide Part 2 3 This series of developer

Developer Contributions and Affordable Housing (Section 106)

Developer’s Guide Part 2

Interim Document November 2008

Updated September 2017

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Developer Contributions andAffordable Housing (Section 106)

Developer’s Guide Part 2

Interim Document

Slough Borough CouncilPlanning and Building Control Services

Planning ServicesSlough Borough CouncilSt Martins Place51 Bath RoadSLOUGHSL1 3UF

Tel: 01753 875810 Planning Applications01753 477341 or 875855 Policy/Section 106

Email: Planning Applications [email protected] Policy/Section 106 [email protected]

Web: www.slough.gov.ukNovember 2008

Update September 2017GB-5427_Part 2/18-12-17

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1 Preface ............................................................................................3

2 Section 106 Planning Obligation Requirements........................4

3 Transport related works or financial contributions ..................5

4 Education..........................................................................................6

5 Recreation ........................................................................................7

6 Recreation facilities in lieu of private amenity space................8

7 Affordable Housing ........................................................................9

8 Sustainable Design and Construction..........................................15

9 Other Requirements ......................................................................16

10 Additional sums to be paid ..........................................................17

Appendix 1: Quick Reference Table Developer Contributions etc. ....................18

Contents

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This series of developer guide documents isintended to assist developers who areproposing to submit planning applications forresidential and commercial schemes in Slough.

Part 1 Planning Application Procedure andDecision Making

Part 2 Developer Contributions andaffordable Housing (Section 106)

Part 3 Transport and Highway Guidance

Part 4 General Development Guidance

It should enable applicants to appreciate whatthey will be required to do and what to expectfrom the Planning Service at various stages.

Its production is part of an Action Plan gearedto improve our performance in determiningmajor planning applications and ensuring thatrecent improvements are sustained in thecoming years.

The key emphasis is on shifting all the workrequired on negotiating schemes to the “pre-application” stage so that once an applicationis submitted we can concentrate on theprocessing elements to meet the Government’s“13 week” target.

It is being published as an Interim document.It is envisaged that in due course morecomprehensive advice will be produced in theform of a Supplementary Planning Document,following consultation and statutoryprocedures. Any changes will be put on thecouncil website.

It does not set out to include all informationthat a potential applicant may need but aims toprovide links to other existingsources/documents as appropriate.

It is being submitted to the Council’s PlanningCommittee for Members’ endorsement and sothey are aware of the basis on whichapplications before them have been prepared.

It is hoped that developers find the guidehelpful and comments and suggestions wouldbe welcomed.

1 Preface

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The Council wish to ensure new developmentproposals make an appropriate contributiontowards necessary and relevant physical andsocial infrastructure associated with thedevelopment. This ensures that the cost of newpublic infrastructure needed to serve newdevelopment does not fall upon the publicpurse. It also ensures otherwise scare land ismade available for affordable housing for thoseunable to purchase their own home and to helpcreate balanced, sustainable communities.

The Council is able to require contributionsunder Section 106 of the Town and CountryPlanning Act, Government Planning PolicyStatements and policies in Development Plans.Council documents giving backgroundinformation or justification for therequirements are referred to in the nextsection eg; the Local Transport Plan; SloughHousing Strategy.

This is a brief guide to the most commonrequirements. Where no specific contributionetc. is specified information on the site andtype of development will be needed. Inparticular transport assessment informationwill be needed to establish what transportcontributions will be sought. Please contact thePlanning Department with an outline of yourproposal to establish what contributions mightbe needed. Most contributions are applicableto major developments only. However smallerdevelopments (less than 10 dwellings or 1,000square metres floorspace) may be affected bytransport and recreation contributions orworks.

It is important that applicants contact thePlanning Department prior to submitting aplanning application and prior to purchasingdevelopment sites etc. to establish whatplanning obligations will be required for aparticular development.

Section 106 planning obligation agreementswill need to be completed and signed beforeany planning permission can be granted. It isadvisable to agree heads of terms of anagreement prior to submission of anapplication. The Council has prepared standardclauses to speed up the issue of agreements.

Whilst the items below are necessary fordevelopment to go ahead it is recognized thatthere may be exceptional circumstances wherethe level of contribution required makes theproposed development unviable. If the Councilwish the proposal to go ahead and clearinformation on viability is available the Councilmay be prepared to reduce the normallyrequested contribution.

This is an interim guide. More detailed policiesand guidance will be included in forthcomingdevelopment control policies (DevelopmentPlan Document) and a SupplementaryPlanning Document in the near future. This willbe subject to public consultation beforeadoption by the Council and will be preparedas part of the new Local DevelopmentFramework planning system. Furthermore, theGovernment are currently reviewing thePlanning Obligations system. Part of it may bereplaced by a Community Infrastructure Levy.

2 Section 106 Planning Obligation Requirements

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When will there be a requirement

Dependent upon the location of site and typeof development.

Dependent upon the affect of the developmentupon the existing transport network andproposed improvements. See guidance onTransport Assessments below and Table 1 inTransport and Highway Guide. Furtherguidance to quantify contributions in relationto highway capacity improvements andtransport enhancements etc. and thedevelopment expected within the town is dueto be published in 2009.

What will be required

• Off site works (see Note 1) or financialcontribution towards transportimprovements related to thedevelopment. These may includeenhancements to highways, trafficmanagement, road safety, pedestrian orcyclist facilities. If a financial contributionis required it may go towards a large,future project that will be funded frommore than one development.

• Alterations within the existing highway toaccommodate a new access. (The Councilwill require a commitment to enter into aSection 278 Agreement under theHighways Act 1980)

• Dedication of land for approved roadwidening or road improvement schemes.

• Financial contribution towards enhancedpublic transport infrastructure or services.

• Financial contribution towards the controlof roadside car parking (including the costof preparing any Traffic Regulation Order).

• A Travel Plan for uses that attract, employ,or house significant numbers of people.For building floorspace thresholds etc. seethe extract of the Department forTransport guidance in the Transport andHighways guidance document eg: 80dwellings, 800 sqm food retail, 1,500 sqmnon food retail, 2,500 sqm Business, 1,000sqm clinics/surgeries, 100 bed hotel, 50bed institution.

• A financial contribution to monitor TravelPlans (Normally £6,000).

Note 1: For any off-site works to be carried outby the developer a commitment to enter aSection 278 Agreement of the Highways Act1980 will be needed. Please note commutedsums for maintenance will be included in 278Agreements; please see Table 3 in Developer’sGuide Part 3 for details.

Timing of payments/works

Dependent upon development and worksrequired. Most off-site works by developerswill need to be complete prior to the firstoccupation of the development or occupationof the first dwelling. Some works associatedwith access junctions might need to besubstantially complete prior to commencementof construction work on site. Financialcontributions will normally need to be paidprior to commencement of development.

3 Transport related works or financial contributions

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When will there be a requirement

• Residential development of 15 or moredwellings where the Council, as EducationAuthority, identify a shortfall in places atlocal schools or colleges (Early Years,Primary, Secondary, Post 16 education andSpecial Education Need). At present thereis an identified shortfall across the wholeBorough.

• Residential development of between 5 and14 dwellings will attract a reducedcontribution in the near future probablyfrom 1st March 2009. Please seeprovisional rates below.

What will be required (15 or moredwellings)

A financial contribution for each dwellingbased upon the following rates which will beupdated annually. For developments of 100 ormore dwellings see note opposite on VeryLarge Developments.

Very Large Developments

Primary Education: developments of 100 ormore units may require additionalcontributions.

Secondary Education: development generating40 or more secondary school places mayrequire additional contributions. For example40 places is equivalent to 100 four bedroomhouses or 1,300 two bed flats.

The need for additional contributions will bedependent upon the location of thedevelopment and occupancy rates in localschools within the school catchment area.Please enquire prior to the submission of aplanning application. Any additionalcontribution will include an initial sum to carryout a study to assess the cost of new schoolbuilding works. The study will establish whatadditional contribution will be required.

Timing of payments/works

Financial contributions will need to be madeprior to the commencement of development.

4 Education

Number. of Bedrooms Early Years Primary Secondary Post 16 SEN Total

Houses

1 bedroom house £106 0 0 0 £36 £142

2 bedroom house £376 £5,345 £2,022 £506 £504 £8,753

3 bedroom house £376 £6,316 £4,298 £1,517 £675 £13,182

4 or more bedroom house £517 £10,365 £9,859 £2,275 £1,170 £24,187

Flats

1 bedroom flat £165 £648 0 0 £90 £903

2 or more bedroom flat £270 £2,753 £758 £758 £288 £4,828

• SEN: Special Education Need

• Early Years: Nursery age children - normally accommodated in Childrens’ Centres.

• The above rates apply to all new dwellings including social/affordable housing.

• Background information regarding the calculation and need for all the education contributions referred to above is availableon request to the Planning Section (Policy Group).

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When will there be a requirement

• All residential development on sites of 2hectares or more.

• All residential development of 70dwellings or more.

• For residential development under 2hectares or under 70 dwellings therequirement will be dependent upon thelocation of the site, type of residentialaccommodation, proximity to and type ofexisting public open space/play areas andthe Council’s open space and recreationfacility studies.

What will be required on sites of 2hectares or more

• Public Open Space covering 10 % of thesite area

• Equipped children’s play area(s) usuallywithin the above area.

• A financial contribution for long termmaintenance (20 years) of open space andplay equipment.

What will be required on sites of less than2 hectares (particularly development of 70or more dwellings)

• Normally a financial contribution towardsthe provision of new or enhancedrecreation facilities off-site. A typicalcontribution is £ 750 per dwelling for adevelopment of mainly family houses withno existing open space/play area nearby.

• Occasionally on-site provision of publicopen space and play equipment with afinancial contribution for long termmaintenance.

Timing of payments/works

Open Space etc will need to be laid out as partof the related residential development and notafter construction work is complete. Financialcontributions will need to be paid prior to theoccupation of the first dwelling.

5 Recreation

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When will there be a requirement

For high density residential schemes in or nearthe town centre that have inadequate privateamenity space.

What will be required

A financial contribution of £300 per dwellingfor the enhancement of existing nearby publicopen space.

Timing of payments/works

Financial contributions will need to be paidprior to the commencement of development.

6 Recreation facilities in lieu of private amenity space

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Introduction

The Core Strategy for Slough 2006-2026,adopted 2008, has a policy that requiresbetween 30% and 40% of homes on newdevelopment sites of 15 or more to beaffordable housing. The Developers Guidestates how the Council will implement thatpolicy. This update was approved by PlanningCommittee September 2017 as planningguidance for when planning applications areconsidered.

When will there be a requirement

Residential development on sites of 0.5 hectareor more and development with 15 or moredwellings. This includes change of use toresidential accommodation. See Table 1.

What will be required - Developments of 15 to 24 homes

A financial contribution in accordance with theschedule of rates at Table 3 will be payable. Thecontributions are payable per unit dependentupon the size of development. But thecontributions are made only on the 15th unitand each additional unit up to 24 units. Therequirement is based upon a starting point of30% affordable housing. However the rateshave been set to take account of typicaldevelopment viability calculations toencourage more development between 15 and24 units than has occurred in the past. Thepayments will be spent by the Council onaffordable housing.

For sites of 0.5 hectares or more where thenumber of homes is not known please seebelow.

What will be required - Development of 25 or more dwellings

New affordable homes are to be provided inaccordance with the percentages in table 1 and2. There are different requirements fordevelopment less than 70 homes or 70 or more

homes. In addition there is a lowerrequirement, in certain circumstances, but forbrownfield sites only, where developmentviability is an issue. (see Viability assessmentsbelow). The percentages in the tables relate tothe proportion of the total of new homes in thedevelopment. Table 2 outlines the proportion of3 different tenures types required. TheCouncil’s definition of tenure types is as set outbelow:

Rent: Comprises a combination of SloughAffordable Rent (roughly equivalent tosocial rent) and Slough Living Rent as setout below. It does not include any rentedaccommodation where there is any homeownership involved e.g. rent to buy nordoes it include the Government’s proposedaffordable private rented category. Detailsof rent levels to carry out valuations canbe made available on request to theCouncil’s Housing Development Team[[email protected]]. Rentlevels are likely to be revised annually.

Slough Affordable Rent: broadly theexisting Council or Housing Association orTarget rents (defined by reference to theHomes and Communities Agency policy).It is important to note this is not the sameas Affordable Rent as defined in theGovernments Planning Practice Guidance.The proportion of the two differentcategories required varies betweengreenfield and brownfield sites.Brownfield sites require less SloughAffordable Rent than on greenfield sitesand vice versa for Slough Living Rent.

Slough Living Rent: for people on middleincomes but who cannot access marketrents. It therefore meets the ambition inthe Council’s Housing Strategy to have awider range of rents available for differentgroups of the population who cannotafford to accommodate themselves in the

7 Affordable Housing

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market. These rents would also beaffordable for people on Housing Benefitand include any service charges. They willbe reviewed annually and set at a levelthat reflects median gross householdincomes in Slough and take account of thesize of the property.

Intermediate Housing: To compriseShared Ownership and Rent to Buy. Bothof these are ‘ownership’ based tenures.This category also includes Build to Rentproducts where these are provided at lessthan market rent but above the level ofSlough Living Rent. (If the Governmentintroduce Starter Homes the Council hasthe option of including them within thiscategory). The minimum % share availableto a purchaser should not be higher than40%.New intermediate homes must befirst offered to local people through theCouncil’s Register of households interestedin intermediate housing.

What will be required - Sites of 0.5 hectares or more

Where the total number of dwellings is notknown at the planning permission stage theabove provisions (table 1, 2 and 3) will still beapplicable. The amount of affordable housingor payment would be calculated when thenumber of dwellings is known.

Viability assessments for brownfield sites

Developers may consider that development ofa site that already has built development on itcan only go ahead if likely Section 106obligations including affordable housing arereduced. Any request to the Council for adevelopment to not be policy compliant, interms of affordable housing targets andinfrastructure contributions, will need to besupported with a viability assessment. Unlessthe exception outlined below applies a fullviability assessment will need to be submittedand accepted by the Council before anyplanning permission can be granted. This mayinvolve negotiation. See separate document on

the Council’s web site (Planning) for details ofwhat the council expect to be submitted andassociated fees. [Residential DevelopmentViability Assessment Guide]

Past experience indicates that some brownfieldsites are not easily developed without areduction of affordable housing. Consequentlythe above requirements allow for a relaxationwhereby a full viability assessment need not besubmitted if the stated reduced affordablehousing requirement is met - Brownfield(viability issue) in table. A simple viabilitystatement will however be needed at theplanning application and pre-applicationstage. This will hopefully incentivise developersto include a substantial level of affordablehousing but avoid the complication of aviability assessment and uncertainty regardingnegotiation.

The exemption re brownfield viability will notapply if any public subsidy is received to fundthe affordable housing development. Theexemption will not apply if a variation to anexisting planning obligation is sought. If adevelopment proposal is associated withpermission for an office to residentialconversion the value of that conversion,including any extension to it, needs to be takeninto account regarding the viabilitystatement/assessment.

Prospective purchasers must take account ofplanning policy requirements when valuingdevelopment sites and before buying sites.

Financial payments in lieu

Other than for developments of 15 to 25 homesreferred to above financial payments in lieu ofbuilding new affordable homes will notnormally be accepted. Payments (also knownas commuted sums) will only be accepted inexceptional circumstances i.e. when the Councilconsiders it will be a benefit compared to newhomes being built by a developer. The amountof any financial contribution will be negotiatedand based upon a figure considered equivalentto affordable housing on site.

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On-site or off-site

Where the requirement is for new affordablehousing to be built it will nearly always beprovided on the development site where therequirement applies. In exceptionalcircumstances the Council will consider therequired affordable housing being built onanother site (i.e. a donor site). The exceptionalcircumstances will apply where the Councilconsiders off site provision a benefit comparedto on site. Any donor site will have to besuitable for affordable housing tenants and notalready be allocated for or expected to providesome affordable housing.

Minimum requirements

The percentages of affordable housing statedare minimums excepting where viability hasbeen accepted by the Council. Developers ofaffordable housing can of course offer agreater percentage than the figures stated.

Other requirements

Standards - Affordable housing dwellings to bebuilt to HCA Housing Quality Indicatorstandards.

Dwelling Mix - A mix of dwelling types andsizes to be agreed by the Council (includingspecifying the number of persons to beaccommodated per dwelling and floorspaces).Guidance on housing mix requirements forpotential development sites/types will beavailable if requested.

Floorspace - floorspace (net internal ofdwelling) should be based upon the nationallyprescribed space standard.

Disability Standard (wheelchair standard) - dueto high levels of the need for housing fordisabled residents across all tenures, 5% ofhomes are to be to be wheelchair standard onall developments of 25 or more dwellings.

Section 106 planning obligation - theaffordable housing will be secured through aSection 106 planning obligation. It will includeprovision for the housing to remain as such in

perpetuity but with provision for the exclusionof mortgagees etc. in possession andpurchasing under any statutory provision orstair-casing re shared ownership. Theobligation will include provision for eligibilityand occupancy arrangements to be agreedwith the Council; i.e. how the affordablehousing will accommodate those in most need.Most affordable housing will need to betransferred to either the Council or a RegisteredProvider approved by the Council. The Councilwill seek a nomination rights agreement to besigned by the relevant registered provider. Anyfinancial payments will be indexed linked (BCISAll in tender) when written into Section 106obligations. Financial contributions will need tobe paid prior to the commencement ofdevelopment.

Clawback/viability review mechanism

If a development, supported with a viabilityassessment, is agreed without being policycompliant re affordable housing policy itshould be noted that the Section 106 planningobligation will include a review mechanism i.e.viability would be re-assessed at a later date.The obligation would only be applicable after adefined period from planning permission suchthat if development is well underway in areasonable timescale there will be no need tocarry out a review of viability. A differentarrangement would be made for very largemulti phased developments over many years.The review would establish if developmentvalues rise above development costs afterpermission is granted such that moreaffordable housing or an equivalent paymentcould be provided. Any additional affordablehousing or payment justified by the reviewwould take account of developers return forthe site and be capped at the normal policycompliant level.

Registered Provider Partners

The Council currently has 8 partner RegisteredProviders and developers will be asked toapproach them as well as the Council to

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negotiate taking on the affordable housing.They can be approached at the pre-applicationstage. Section 106 obligations can allow forother Providers to be used if no reasonableagreement can be reached with one of thepartners listed (or the Council) in a reasonabletime. It should be noted that the Council or oneof its housing companies may also be in aposition to purchase some affordable housingfrom developers. Developers will be asked toapproach the Council at the same time asProviders.

The council’s Partners are:• A 2 Housing Group• Catalyst Housing Group• Home Group• Paradigm Housing Group• Thames Valley Housing Assn.• Housing Solutions• Radian• Inquilab

Contact details for the above and the Council(Housing) as at September 2017 are below.

Contact List

Jill CaressGroup Business Development DirectorHousing SolutionsT: 01628 543120E: [email protected] House, Waldeck Road, Maidenhead,Berkshire, SL6 8BY

Nancy WaterhouseAssistant Director DevelopmentA2Dominion GroupT: 020 8825 1488E: [email protected] Spelthorne House, Thames Street, Staines-upon-Thames, TW18 4TA

Robert JakusconekHead of Land and PlanningCatalyst Housing GroupT: 0208 693 2405E: [email protected] Gateway, 26-30 Uxbridge Road, Ealing,London, W5 2AU

Gareth CrawfordHead of DevelopmentHome Group LimitedT: 0207 5202214E: [email protected] 2nd Floor, Bravington House, 2 BravingtonsWalk, Kings Cross, London, N1 9AF

Alison LaingHead of New Business Paradigm Housing GroupT: 01628 811733E: [email protected] Glory Park Ave, Wooburn Green, Bucks, HP10 0DF

Jon ClowesRegional Land and New Business ManagerThames Valley HAT: 0208 607 0573E: [email protected] House52 London Road, TwickenhamTW1 3RP

Christopher BartlettHead of Partnerships & ProjectsRadian GroupT: 0300 123 1 567E: [email protected] House, 33-39 Sheet Street, WindsorBerkshire, SL4 1BY

Uzair JahangirDevelopment and Asset Management -Graduate TraineeInquilab Housing AssociationT: 0208 607 7774E: [email protected] 3, 8 Kew Bridge Road, Brentford, TW3 0FJ

Mike EnglandDirector, Place and DevelopmentSlough Borough CouncilT: 01753 475111E: [email protected] Martins Place, 51 Bath Road, Slough,Berkshire, SL1 3UF

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Type of Requirement Normal RequirementExemptionFor brownfield sites where development viability is an issue

Affordable Housing as a % of total development.

Development Size

15 to 24 new homes Financial Contribution Schedule of ratesapplied (Table 3) Not applicable

25 to 69 new homes Build new homes

30% totalComprising:Rent 25%Intermediate 5%

25% totalComprising:Rent 21%Intermediate 4%

70 or more new homes Build new homes

40% totalComprising:Rent 25%Intermediate 15%

35% totalComprising:Rent 22%Intermediate 13%

Table 1 Affordable Housing Required

Development Size

25-69 homes in development 70 plus homes in development

Tenure Split Tenure Split

Type of Site SloughAffordableRent(Social Rent)

Slough Living Rent

Intermediate SloughAffordableRent (Social Rent)

Slough Living Rent

Intermediate

Greenfield 10% 15% 5% 10% 15% 15%

Brownfield 6% 19% 5% 6% 19% 15%

Brownfield(viabilityissue)

5% 16% 4% 5% 17% 13%

Table 2 Affordable Housing Required by Tenure(affordable housing tenure as a percentage of total new homes in a development)

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For developments with a mix of dwelling sizes

The payment to be made will be calculated by taking a portion of the above charge for eachrelevant dwelling size in proportion to the mix of dwelling sizes in the development. E.g.

21 homes within development with mix of 7 x one bed, 7 x two bed, 7 x three bed (mix split 33/33/33) Payment: Under 21 units column sum of 33% of one bed charge; 33% of two bed charge; 33% of 3 bed charge.

17 homes within development with mix of 7 x one bed and 10 x two bed (mix split 41/59). Payment: Under 17 units column sum of 41% of one bed charge and 59% of two bed charge.

Type ofdwellingproposed 15 units 16 units 17 units 18 units 19 units 20 units 21 units 22 units 23 units 24 units

1 Bed £39,860 £77,623 £113,287 £146,854 £178,322 £207,693 £234,966 £260,141 £283,218 £304,197

2 Bed £50,884 £99,092 £144,620 £187,471 £227,643 £265,137 £299,954 £332,091 £361,551 £388,333

3 Bed £68,047 £132,513 £193,397 £250,700 £304,421 £354,561 £401,120 £444,097 £483,493 £519,307

4 Bed £112,243 £218,578 £319,006 £413,526 £502,139 £584,844 £661,642 £732,532 £797,515 £856,590

5 Bed £151,951 £295,904 £431,859 £559,818 £679,779 £791,742 £895,708 £991,677 £1,079,648 £1,159,622

Table 3 Financial contribution for developments of 15 to 24 homesPayment to be made dependent upon size of development (total number of units) and type ofdwelling proposed. The contributions below are for each development site; not per dwelling.

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Sustainable Design and Constructionrequirements will usually be secured byplanning conditions. This includes minimisationof carbon emissions; normal requirements arebelow:

Developments of 50 or more dwellings:

Design and construct to be better than BuildingRegulations (Part L1a 2013) in terms of carbonemissions. Specifically design to achieve 15%lower than the Target Emission Rate (TER) ofBuilding Regs in terms of carbon emissions.

In addition to better than Building Regsincorporate energy generation from low orzero carbon sources on site or nearby (i.e. ifCHP or district heating is available nearby). Thelevel of energy generation from these low orzero carbon sources should be equivalent toapproximately 10% of the developmentscarbon emissions. For residential developmentthis is defined by the carbon emissions figureof 15% lower than TER as described above.

This energy generation requirement can beapplied flexibly for brownfield sites under 1hectare if it is not practical to achieve 10%.

Non residential development of 1,000 sqmetres and above:

1 Design and construct to achieve a BREEAMrating of Very Good or excellent.Commercial Development of 10,000 sqmor more will be expected to achieve aBREEAM rating of excellent. Seeinformation on the BRE web site -www.bre.co.uk. Submission of proof ofcompliance will be required at the designand completion stage.

2 Low or Zero Carbon energy - includeenergy generation capacity from low orzero carbon sources either on site or in thevicinity of the site. For off site provision theenergy generated should be linked to thedevelopment i.e. district heating orcombined heat and power. An appropriateamount is 10 % of the developmentscarbon emissions as defined by theBuilding Emission Rate (Building Regs PartL).

If the above requirement is not practicalbecause of the small size of development, itslocation or form, evidence to justify anexception should be submitted.

8 Sustainable Design and Construction

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There will be occasions when other section 106requirements are required as a result of site ordevelopment specific circumstances or specificrequirements of statutory consultees eg: SportEngland; Environment Agency, Thames Water,Natural England. Examples of site specificrequirements are:

• Security measures such as CCTV or othercommunity safety measures.

• Installation of recycling facilities -communal ‘bring sites’. (developments of150 or more dwellings in suburban areasor very large retail/leisure developments).

• Library Service (a financial contributionmay be required where extra dwellingscreate demand at libraries with no sparecapacity).

• Health Facilities.

• Public art.

• Enhancement of adjacent public spaces(public realm).

• Long term management of landscapeareas or trees or areas of ecologicalimportance.

• Air Quality Monitoring

• Air Quality Mitigation

By condition major developments will berequired to provide some electric vehiclecharging points within car parks andresidential plots. Car parks for flats will inaddition need to have incorporatedelectric cables to allow additional chargingpoints in the future. Contributionstowards car clubs may be needed andother mitigation measures.

9 Other Requirements

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All financial sums will be index linked using theRICS Building Cost Information Services All inTender Price Index.

The Council’s Legal fees and 106 monitoringcosts are to be paid.

10 Additional sums to be paid

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Tab

le D

evel

oper

Con

trib

utio

ns e

tc.

RESI

DEN

TIA

L D

EVEL

OPM

ENT

(No.

of u

nits

)

Item

5-9

10-1

415

-24

25-4

950

-69

70-7

980

-99

100-

149

150

plus

Tran

spor

t/H

ighw

ays

DD

DD

DD

DD

D

Trav

el P

lan

mon

itori

ngye

sye

sye

sNo

te 1

Aff

orda

ble

Hou

sing

21%

-25%

Ren

tye

sye

sye

sye

sye

sye

s

Aff

orda

ble

Hou

sing

4%-1

5% in

term

edia

teye

sye

sye

sye

sye

sye

s

Aff

orda

ble

Hou

sing

Cont

ribut

ion

in li

eu o

f on

site

dwel

lings

Step

ped

rate

Note

2

ExEx

ExEx

ExEx

Educ

atio

nNo

te 3

yes

yes

yes

yes

yes

yes

Yes

Addi

tiona

l sum

Note

5Re

crea

tion

On

site

DD

Dye

sye

sye

sye

sNo

te 6

Recr

eatio

nCo

ntrib

utio

n(o

ff si

te)

DD

Dye

sye

sye

sye

sNo

te 7

Recr

eatio

n(T

own

Cent

re/h

igh

dens

ity s

chem

es)

Cont

ribut

ion

(off

site

) Pe

r uni

t in

lieu

of p

rivat

eam

enity

spa

ce.

Note

8No

te 8

Note

8No

te 8

Note

8No

te 8

Note

8No

te 8

Sust

aina

ble

Desi

gnan

d Co

nstr

uctio

n Be

tter t

han

Build

ing

Regs

+ L

ZC e

nerg

yye

sye

sye

sye

sye

s

Oth

er r

equi

rem

ents

DD

DD

DD

DD

D

Recy

clin

g ‘B

ring

Site

’m

ay b

e

Page 20: Developer Contributions and Affordable Housing (Section 106) · Developer Contributions and Affordable Housing (Section 106) Developer’s Guide Part 2 3 This series of developer

Developer Contributions and Affordable Housing (Section 106)Developer’s Guide Part 2

www.slough.gov.uk 19

NON

RESI

DEN

TIA

L D

EVEL

OPM

ENT

(gro

ss f

loor

spac

e or

bed

room

s)

Tran

spor

t/H

ighw

ays

Depe

nden

t upo

n si

te lo

catio

n &

type

of d

evel

opm

ent.

Trav

el P

lan

Mon

itori

ng c

ontr

ibut

ion

(Not

e 1)

Exam

ples

of m

inim

um T

hres

hold

s(s

ee ta

ble

1 in

Tran

spor

t and

Hig

hway

gui

danc

e)80

0 sq

m fo

od re

tail,

1,5

00 s

qm n

on fo

od re

tail,

250

0 sq

mBu

sine

ss, 4

,000

sqm

Indu

stria

l, 10

0 be

d ho

tels

, 50

bed

inst

itutio

ns, 1

000

sqm

clin

ics/

surg

erie

s et

c.

Sust

aina

ble

Desi

gn a

nd C

onst

ruct

ion

BREE

AM V

ery

Good

or E

xcel

lent

plu

s re

new

able

ene

rgy.

1,00

0 sq

m a

nd a

bove

Oth

erDe

pend

ent u

pon

site

loca

tion

& ty

pe o

f dev

elop

men

t

Note

sD

- Dep

ende

nt u

pon

site

loca

tion

and

type

of d

evel

opm

ent.

Ex -

Ver

y Ex

cept

iona

l.

1 - N

orm

ally

£6,

000

per T

rave

l Pla

n 2

- Ste

pped

rate

see

tabl

e 3

3 - B

etw

een

£142

& £

24,1

87 p

er u

nit

4 - A

dditi

onal

con

trib

utio

ns m

ay b

e re

quire

d.5

- 10%

of s

ite if

2 h

ecta

res

or m

ore

in a

rea;

mai

nten

ance

con

trib

utio

n re

quire

d if

Coun

cil a

dopt

s la

nd o

r pla

y eq

uipm

ent.

6 - C

ontr

ibut

ion

redu

ced

or n

il if

open

spa

ce o

n si

te.

7 - A

pplic

able

onl

y to

sch

emes

whe

re p

rivat

e am

enity

spa

ce o

n si

te li

mite

d. R

ate

- £30

0 pe

r dw

ellin

g.

Not c

harg

ed if

recr

eatio

n on

site

or o

ther

recr

eatio

n co

ntrib

utio

n m

ade.

All c

ontr

ibut

ions

will

be

inde

x lin

ked

(BCI

S) w

hen

inse

rted

in a

Sn

106

agre

emen

t.Co

unci

l leg

al a

nd m

onito

ring

fees

to b

e pa

id.

Page 21: Developer Contributions and Affordable Housing (Section 106) · Developer Contributions and Affordable Housing (Section 106) Developer’s Guide Part 2 3 This series of developer

www.slough.gov.uk

This document can be made available on

audio tape, braille or in large print, and is

also available on the website where it

can easily be viewed in large print.

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