4
Delivery and implementation
Policy HOU12 – Large scale purpose built managed student accommodation (PBMSA)
Planning permission will be subject to meeting all other policy requirements. S76 planning agreements are likely to be required in relation to PBMSA to provide a greater level of certainty in relation to management arrangements.
4.1 Occupancy conditions
4.1.1 The regional and local policy approach aims to raise residential design standards and ensure the key principles behind good placemaking are implemented in urban areas. It also recognises the wider economic, cultural and community benefits of achieving excellence in design.
4.1.2 PBMSA often involves concessions in relation to normal residential design standards, meaning that it cannot always be readily adapted for permanent occupation should it no longer be required for student occupation. The occupancy of PBMSA will usually therefore be conditioned through the associated planning agreement to limit occupation to students, including international and short-term students outside of term time.
4.1.3 Some operators may seek to utilise PBMSA bed spaces outside of term times to provide short-stay holiday accommodation, which may help contribute towards the viability of the overall development. Such arrangements will be assessed on their own merits on a case-by-case basis, but would only be permitted for a specified period of time using occupancy conditions, ensuring this is does not harm the tourist accommodation markets and remains subservient to the main function to provide accommodation for full-time students. Details of any proposed non term time use must be set out as part of the application submission.
4.2 Planning Agreements
4.2.1 Planning Agreements, and related developer contributions, may be required in relation to PBMSA where what is secured cannot be adequately addressed by the imposition of conditions alone. SPPS provides the policy basis for planning agreements generally, whilst Policy HOU12 notes that a planning agreement14 may be required to ensure delivery of agreed management arrangements relating to PBMSA.
4.2.2 There are a number of areas in relation to PBMSA where the Council may consider the use of planning agreements, to facilitate or restrict the development and/or use of land or to require land to be used in any specified way (SPPS).
4.2.3 The Council will usually require a S76 Agreement to secure the Student Management Plan and will endeavour to provide an early indication of the use of particular types of legal agreements/conditions appropriate to the circumstances, taking account of all relevant factors which may impact on the financial viability of the scheme proposed.
4.2.4 The Council will negotiate and deal with planning obligations in a timely manner, particularly where pre-application discussions on such matters have take place, and welcome the opportunity to discuss the nature of any agreements with developers at the earliest opportunity.
4.3 Developer Contributions
4.3.1 Whilst many planning obligations could be delivered directly by the developer as an integral part of an approved development, some could also take the form of financial payments to the Council, particularly where it is necessary for developers to contribute to off-site works either directly or through pooled financial contributions. Where contributions are required, the associated costs will be calculated on a case-by-case basis in an open and transparent manner, taking account of the specific context and up-to-date cost information.
4.3.2 For example, contributions towards transport related initiatives could be calculated with reference to the total number of trips a development will generate during peak periods, whilst the level of financial contribution for public realm works or green/open space could be calculated with reference to the type, scale and quality of space to be provided, based on average costs in Belfast for providing or improving open space. For specific capital items, planning obligations will be based on up-to-date average build costs for the specific items required. In all cases, costs will be inclusive of all costs including fees and construction costs.
4.3.3 In addition, where the Council incurs legal and administrative costs and expenses in preparing, negotiating and settling an Agreement, it may be necessary for the Council to require contributions from a developer towards reasonable costs associated with this administration. Depending on the nature of the Developer Contribution, the council will normally require payment of a monitoring fee for monitoring compliance with completed Planning Agreements. This will be secured as part of the Planning Agreement and will be expected to be paid upon commencement of development. Similarly, contributions may also be required where additional work is required to monitor specific elements of an agreement, such as the effectiveness of a Travel Plan.
4.3.4 To facilitate the timely progress of a planning application, it is important that Developers discuss the likely levels of contributions with the Council at the earliest opportunity.
4.4 Community Benefit
4.4.1 The Council would also encourage developers to consider any benefits that could be offered voluntarily to local communities likely to be affected by a development. The SPPS notes that this could take the form of payments to the community, in-kind benefits or shared ownership arrangements. However, such ‘community benefits’ cannot be considered material considerations in decision-taking and are distinct from developer contributions that may be required to enable a development to go ahead.
4.5 Supporting Information
4.4.2 To help facilitate discussions in relation to planning agreements and any developer contributions, the Council will expect the PBMSA Statement to be submitted as part of a planning application for PBMSA that addresses the issues outlined in the SPG where they are relevant to the particular proposals.
Footnotes
14 Legal agreements made in accordance with Section 76 of the Planning Act (Northern Ireland) 2011.
