Where a development will have additional impacts on infrastructure, services, facilities and amenities that would necessitate new facilities or exacerbate deficiencies in existing provision, the Council will require the developer to meet or contribute to the cost of providing or improving such infrastructure, facilities or services.
This could include off-site environmental or other enhancements where issues cannot be addressed within the development site. Contributions will relate to the development concerned, including in nature, scale and kind. Where contributions cannot be secured by planning conditions or other appropriate means, the Council will expect developers to agree to an appropriate Section 75 obligation or obligation in another type of legal agreement.
The Council has anticipated where the need for developer contributions will arise, however it is not possible to identify this in every case at this time and decisions will be taken based on the:
- adopted LDP
- proposed development
- Local place plans (as and when these are produced)
- Community action plans
- development frameworks and strategies
- impact on existing infrastructure and facilities
- tests set out in circular 3/2012
Developer contributions will be sought in relation to the following:
Public realm/community facilities
Where it is considered that a proposed new development is likely to have an impact on a place, in terms of its public realm and/or community spaces and facilities, developer contributions will be sought to mitigate any impacts.
Education services and facilities
Where it is determined that there will be insufficient capacity at primary and/or secondary schools, including Additional Support Needs (ASN) provision, and/or early learning childhood centres (ECC) within a school catchment area to accommodate children from proposed new residential developments, developer contributions will be sought to offset any impacts on school and ECC capacity.
This will apply to schools, including ASN provision, and ECCs that are operating at or above 85% of total capacity at the point of the planning application being assessed and/or where the cumulative impact of extant planning permissions and Local Development Plan allocations is likely to result in an increase to the school roll(s) so as to cause capacity issues, as forecast by the Council's Education service at the point of the planning application being assessed.
In the rare circumstances where such mitigation cannot be achieved in a manner which is consistent with the Council's education policies, the proposed development will not be supported.
Whilst it is not possible to stipulate all catchments where developer contributions are likely to be required, developments in the following catchment areas are likely to trigger the requirement for contributions:
- Mount Carmel Primary School, Kilmarnock
- Hillhead Primary School, Kilmarnock
- Onthank Primary School and Onthank Early Childhood Centre
- Willowbank Primary School, Kilmarnock
- Lainshaw Primary School, Stewarton
- Nether Robertland Primary School, Stewarton
- Stewarton Academy, Stewarton
In addition to the aforementioned schools, the following sites are likely to trigger issues with education capacity such that there may be a requirement for new primary and ECC provision on-site:
- KK-H1 (Altonhill, Kilmarnock)
- KK-H4 (Fardalehill (W), Kilmarnock)
- ST-H2 (Kilwinning Road, Stewarton)
Transport Infrastructure
Where there is likely to be a cumulative impact on transport infrastructure, including road infrastructure, and active travel networks, as a result of the development of multiple sites then there will be a requirement for developers to make a contribution to either a single transport project or a co-ordinated programme of mitigation measures in an area to offset any impact on the transport infrastructure to be affected.
Whilst it is not possible to stipulate all sites where developer contributions are likely to be required, developments in the following areas are likely to trigger the requirement for contributions:
- North and West Kilmarnock
- Bellfield Interchange and Kaimshill and Kirklandside
Healthcare services and facilities
Where it is determined that there will be insufficient capacity in healthcare facilities to accommodate residents from proposed new housing developments, developer contributions will be sought to offset any impacts on healthcare facilities. Healthcare facilities include General Medical Services (GMS), community pharmacies and dental practices.
Scottish Health Planning Notes provide national guidance on standards and specification for healthcare facilities and assist in determining the requirement for any such contribution.
Whilst it is not possible to stipulate all areas where such contributions will be required, it is known that development in:
- North and West Kilmarnock
- Stewarton
- Mauchline
will place additional demands on healthcare services and facilities that would necessitate new facilities or exacerbate deficiencies in existing provision.
The Council will therefore require developers to provide, or contribute towards, the cost of providing new or improved facilities or to supplement existing provision as appropriate.
Notwithstanding the above, if a windfall development or development in the rural area is proposed during the plan period which has not been included within the Plan, there may be unforeseen impacts on infrastructure, services, facilities and amenities.
An assessment of likely impacts on infrastructure, services and facilities will therefore also be undertaken on a case-by-case basis.