Adoption, Ownership and Long-Term Stewardship and Delivery of Public Open Space

y ID.16 Adoption, Ownership and Long-Term Stewardship and Delivery of Public Open Space A. Management Public open space delivered through development will be offered to either the relevant town or parish council or the Local Planning Authority. Adoption by either the town or parish council or the Local Authority is the preferred and expected management approach. Together with a 30-year commuted maintenance sum. The provision of Open Space must be accompanied by a Management and Maintenance Plan which will: • define a maintenance standards, inspection regimes and performance outcomes; • set clear responsibilities for maintenance, funding, and access and include mechanisms for addressing under performance. It must also contain a provision for a yearly joint inspection with the Council. B. Requirements The following criteria will apply: 1. Open space must remain permanently accessible to the public without restriction and protected for public use in perpetuity. 2. Quality will be confirmed by the issuing of a completion certificate/s 3. Open space will not be adopted where approved landscaping or open space has not been delivered in line with the approved plans, unless appropriate financial provision is secured to ensure these elements will be provided by the Local Planning Authority in default. The failure to provide these elements onsite, does not remove the obligation to pay for these elements when measured off from the approved plans. 4. Transfer to a private management company will only be supported in exceptional circumstances, where the town or parish council or Local Planning Authority has formally declined the offer. In such circumstances, the establishment of a resident’s association to manage the open space will then be explored. Only where a resident’s association also declines the offer, will private third party management companies be permitted. 5. The tenure or ownership model of the development will not, in itself, justify the long-term private management of public open space. Policy ID.16 ~ Development management Considerations In relation to Part B of this Policy ~ Where the public open space is transferred to a private management company, the Council will retain the right to 1) Inspect the open space at reasonable intervals to assess compliance with the approved management and maintenance plans; and 2) require remedial action where the open space is not being maintained to an acceptable standard. Where inspection identifies that open space is not being maintained in accordance with the approved management and maintenance plan, the Local Planning Authority may: (i) require the developer or management company to carry out specified remedial works within an agreed timeframe; and (ii) where necessary seek compliance through planning enforcement action This policy applies to all development regardless of Use Class, tenure or ownership where the proposal would generate additional demand for public open space. The policy requires a balanced mix of open space typologies, including play, youth facilities, recreation space and food growing areas, reflecting the diverse needs of communities. Over provision of any single typology should be avoided to ensure that open space functions as a genuinely multifunctional network. The over provision of one typology does not reduce the requirement to provide all other required quantum's of typologies In circumstances where the use of a resident’s association is being explored, in the first instance a private management company may be established with the expectation that the open space is transferred to the resident’s association within 5 years of the last occupation. The Local Planning Authority may decline to adopt open space if in doing so it would have significant cost implications and pose contractual or operational difficulties, such as by virtue of its type, size and/or location. Detailed standards i.e. for play and design criteria, typology requirements, accessibility criteria, and methodologies for calculating commuted maintenance sums and surety bond, as well as detail management company criteria, are set out in SWLP Annex C. Policy Justification 3.5.8 Open space is a critical component of creating healthy, inclusive and resilient places. National policy requires planning authorities to protect valued open spaces, plan positively for high quality green infrastructure and ensure that development delivers accessible opportunities for recreation, play, biodiversity and climate resilience. This policy provides a clear local framework to secure these outcomes in a consistent, proportionate and effective manner. 3.5.9 The policy safeguards existing open space while allowing flexibility where robust, up-to-date evidence demonstrates that land is surplus to current and future requirements or where equivalent or better replacement provision is secured. Clear decision-making test provide certainty for applicants and decision makers and ensure that open space is not eroded through incremental loss. 3.5.10 Prioritising on-site provision ensures that new communities shave convenient access to open space that supports health, well-being and social interaction. Where onsite delivery is not feasible, off-site provision or financial contributions are permitted, provided they are transparently calculated and address demonstrable local deficiencies. Linking provision requirements to the scale and population yield of development ensures that obligations remain proportionate and justified. 3.5.11 Long-term management and maintenance are essential to ensuring that open space remains safe, accessible and fit for purpose over time Commuted maintenance sums are therefore calculated by reference to the extent and specification of open space and landscaping approved through the planning permission, ensuring that public bodies do not inherit unfunded or under-provided assets. Where approved landscaping or open space has not been fully delivered, it is reasonable to require either completion of the works or an equivalent financial contribution to enable early delivery and long- term upkeep. 3.5.12 Where open space is transferred to a private management company, inspection and enforcement provisions ensure that maintenance standards are upheld and that remedial action can be required where necessary. These mechanisms protect the public interest without imposing disproportionate or ongoing management responsibilities on the Council. 3.5.13 The policy also secures clear adoption arrangements, commuted sums and time limited surety bonds, allowing sufficient time following adoption to confirm that open space has been properly established and maintained before financial securities are released. This approach provides certainty for developers while safeguarding public resources. 3.5.14 Overall, the policy ensures that open space is planned, delivered and managed as a long-term community asset. It is positively prepared, justified by evidence, capable of effective implementation and con