Regulation 19 Rutland Local Plan
Protecting Open Space for healthy and sustainable communities
Open, accessible space is important because of its valuable contribution to quality of life, health, and the economy. Open spaces also provide green infrastructure (GI) benefits such as mitigating climate change, flood alleviation, and ecosystem services. The provision of these facilities in our towns and villages is of high importance to a sustainable future and is embedded in national planning policy.
What will the policy do?
This policy seeks to protect and create new high quality open spaces to meet the new needs of the current and future population of Rutland.
Policy SC7 - Provision of New Open Space Comment
New Open Space
All new residential developments of 10 dwellings or more will be required to provide new or enhanced publicly accessible open space, to meet the needs of their occupiers in accordance with this policy and the standards set out in Appendix 3 and in any subsequently prepared Supplementary Planning Document (SPD).
Residential development proposals of 300 or more dwellings will also be required to make provision on-site for outdoor sports facilities in accordance with the standard in Appendix 3 and with regard to the recommendations of the latest Playing Pitch Strategy.
On-site Provision
New open space, sports and leisure provision created on-site as part of the development is expected to:
- be of a size and quality in accordance with the standards in Appendix 3;
- be well integrated into the design and layout of the development;
- be multi-functional and where appropriate, address the requirement for different types of open space within the same area;
- be designed to be safe and accessible to all potential users, including all ages and disabilities;
- be designed to maximise green infrastructure benefits and functions, and in particular, take opportunities to link into the wider green and blue infrastructure network (as indicated on the Policies Map) and deliver a biodiversity net gain (see Policy EN7- Green and Blue Infrastructure and EN3- Biodiversity Net Gain); and
- consider the context of any existing provision and maximise any opportunities for improvement within the wider area where these are relevant to the development of the site;
Full planning applications and reserved matters applications must be:
- supported by an Open Space Scheme setting out materials and equipment to be provided and the arrangements for RoSPA accredited inspection, risk assessment and securing a Practical Completion Certificate; and
- supported by a Landscape Management Plan setting out a clear funding strategy and appropriate mechanisms for satisfactory long-term maintenance and management of the open space, sports, and leisure facilities in perpetuity.
The precise type of on-site provision will depend on the nature and location of the proposal and the quantity and type of open space needed in the local area. This should be the subject of discussion and negotiation with the Council at the pre-application stage and where relevant with the input of the relevant Town or Parish Council and must have regard to the most up to date Open Space Assessment.
Off-Site Provision
In certain circumstances, as directed by Appendix 3, and subject to relevant legislation, it may be acceptable for a developer to make a financial or in-kind contribution towards open space provision off-site. Such proposals, which should be agreed at pre-application stage, and will only be considered if it can be demonstrated that:
- the provision of open space on-site is not feasible or suitable due to the nature of the proposed development, by virtue of its size and/or other site-specific constraints; and/or
- the open space needs of the proposed residential development can be met more appropriately by providing either new or enhanced provision off-site.
The scale of development and the site-specific context will inform whether provision should be based on site or would be more appropriate to deliver through contributions to improvements on existing sites or other sites elsewhere.
Why is this policy needed?
The NPPF defines 'open space' as:
"All open space of public value, including not just land, but also areas of water (such as rivers, canals, lakes and reservoirs) which offer important opportunities for sport and recreation and can act as a visual amenity".
The NPPF states that "Planning policies should be based on robust and up-to-date assessments of the need for open space and recreation facilities (including quantitative or qualitative deficits or surpluses) and opportunities for new provision."
The Open Space Assessment OSA (2023) and the Playing Pitch Strategy 2024 provides this evidence concerning the demand and use of open space throughout the County, irrespective of ownership, up to the Local Plan end date of 2041. This informs the creation of new open space, sports, and leisure facilities policy.
Evidence included in the Open Space Assessment and the Playing Pitch Strategy have been used to define an Open Space Standard for Rutland (Appendix 3) and develop a policy which ensure the long-term provision and management of open spaces and increases the multifunctionality of open spaces, where possible including green travel routes, improving aesthetic, increasing habitat for wildlife and the cultural offering.
Other than for very large development sites, sports pitches and indoor sports facilities are considered to be strategic infrastructure and as such are covered by Community Infrastructure Levy (CIL) payments. The exception to this would be for strategic development proposals of 300 or more homes where on-site indoor and outdoor sports facilities and pitches would be required on site as part of a comprehensive development. The Council will use the latest Playing Pitch Strategy and Sport England's Playing Pitch Calculator to determine the appropriate scale, location and format of new provision.
Adopting the Recommended Standards
The NPPF recognises the opportunities that appropriately located and well-designed open spaces can provide for health and wellbeing of communities, nature and supporting efforts to address climate change. Paragraph 92 states that planning policies and decisions should aim to achieve healthy, inclusive, safe, and accessible places which promote social interaction and enable and support healthy lifestyles.
Paragraph 103 of the NPPF establishes that existing open space, sport and recreational buildings and playing fields should not be built on. It sets out 3 circumstances where this may be acceptable and therefore establishes the national policy for existing provision. It is not necessary for the Local Plan to repeat this policy.
Open Space and playing pitches are also considered as part of a multi-functional blue and green infrastructure which is covered by Policy EN7. Proposals which would result in the loss or degradation of open space will be considered in light of the NPPF and policy EN7 and will not normally be supported.
The planning practice guidance (PPG)[1] provides advice on open space, sports, and recreation facilities. The guidance states that it is for local planning authorities to assess the need for open space and opportunities for new provision in their areas.
The OSA (2023) reviewed local open space provision within the County, including the quantity, accessibility, quality, and value resulting in recommendations for standards which are robust and can form a basis for addressing any deficiencies resulting from proposed development and population increase.
Standards and New Development
There is a growing emphasis on open space to help tackle climate change, create flood risk resilience, reverse biodiversity decline, and provide many health and wellbeing benefits for the immediate and wider community. Furthermore, new development is required to provide measurable net gain for biodiversity under the NPPF (paragraph 179) and the Natural Environment PPG. All new development of more than 10 dwellings should continue to provide new open space, regardless of deficiencies.
The Climate Change PPG [2]states that when preparing Local Plans and taking planning decisions, Local Planning Authorities should pay particular attention to integrating adaptation and mitigation approaches and looking for 'win-win' solutions. For example, the provision of multi-functional GI can reduce urban heat islands, manage flooding, and help species adapt to climate change whilst also contributing to a pleasant environment that encourages people to walk and cycle. The Flood Risk and Coastal Change PPG[3]highlights that open space provide opportunities to reduce overall flood risk in a development area and beyond. Sustainable drainage systems provide opportunities such as combining water management with green space with associated benefits for amenity, recreation, and wildlife.
The 25 Year Environment Plan[4] sets out government actions to help the natural world regain and retain good health. It aims to deliver cleaner air and water in our cities and rural landscapes, protect threatened species and provide richer wildlife habitats.
The results of the OSA (2023) should be used to identify which typology(ies) should be included as part of new development. Feedback from key stakeholders, identifies that Allotments, Outdoor Sports Facilities and Natural and Semi-Natural Greenspace are the most in demand open spaces. Allotments and Community Gardens, Outdoor Sports Facilities and Natural and Semi-Natural typologies all have current and future surplus county-wide and are currently an average of Fair or Good quality, which should be maintained and where possible improved.
Provision for Children and Young People is the only typology which has a current and future deficiency County wide as of 2020 (-0.11 ha per 1,000 population), with all sub-areas deficient at present and in the future apart from Cottesmore and Barleythorpe. The average quality of the Provision for Children and Young People is Very Good, which should be retained where possible. It is important to note that a surplus in any typology does not mean sites are surplus to requirement, rather the current provision exceeds the minimum standard.
The OSA (2023) provides key information on quantity, quality, accessibility, and value of open space across Rutland and locally by sub-area. This information will ensure that open space provision is maintained in existing communities and also identify open space need for in key growth areas, ensuring that residents continue to have access to good quality, accessible open space, to lead active and healthy lifestyles.
Management of Open space
Once development has been granted planning permission, implemented on the site and practical completion has been achieved, the open space on site is usually either transferred to the Council, Parish Council or managing organisation (e.g., third party Management Company, or resident led Management Company). More detailed criteria relating to the future management of open space, particularly on Management Companies, will be detailed in a forthcoming SPD
In May 2024 a new Playing Pitch Strategy was completed for Rutland. This assesses current provision for sports facilities in the county and how it meets the needs and demands of clubs and participants in different sports. The Strategy has been prepared with the support of Sport England and individual sport's National Governing Bodies. Each of whom have signed off the final report and Action Plan. Chapter 9 of the Stage D report considers the impact of future housing development on sporting provision and how the future population growth may affect each sport.
This shows that it is likely that there will be a deficit of pitch provision for most sports in the long term arising from population growth. The PPS recommends 3 strategic objectives for pitch provision in Rutland:
OBJECTIVE 1: To protect the existing supply of outdoor sports facilities to meet current and future needs
OBJECTIVE 2: To enhance outdoor sports provision and ancillary facilities through improving quality and management of sites
OBJECTIVE 3: To provide new outdoor sports facilities where there is current or future demand to do so
The Sport Specific Action Plan, Appendix 2 to the PPS provides individual sport recommendations and individual site recommendations by geographic area and reflect the outcomes of the scenarios and identifies quantitative and quality improvements. These have been used to inform the policies in this Local Plan and incorporated into the Infrastructure Delivery Plan (IDP).
Supporting Evidence
Rutland Open Space Assessment 2023
Rutland Playing Pitch Strategy 2024
Natural England's Accessible Greenspace Standards
[1] Open Space, Sports, and Recreation Facilities; Public Rights of Way; and Local Green Space (March 2014)
[2] Climate change - GOV.UK (www.gov.uk)
