Model Policy 1:

Cultural facilities

Through this Plan we will proactively develop and support cultural businesses and attractions in our cities and towns through a range of measures including:

• Protecting existing heritage, cultural and community venues, facilities and uses.
• Supporting the development of new cultural venues in town centres and places with good public transport connectivity.
• Promoting new, or enhance existing, locally-distinct clusters of cultural facilities, especially where they can provide an anchor for local regeneration and town centre renewal.
• Identifying protecting and enhancing strategic clusters of cultural attractions.
• Supporting the use of the public realm and green spaces for public art and as outdoor venues for cultural events and festivals.
• Considering the use of vacant properties (particularly heritage buildings) and land for pop-ups or meanwhile uses for cultural and creative activities during the day and at night-time to stimulate vibrancy and viability and promote diversity in town centres.
• Maximising opportunities for redundant heritage assets and the role they can play in economic and social well-being.
• Considering the designation of ‘Creative Improvement Districts’ where there is evidence that the designation will enhance the local economy and provide facilities and workspace for the creative industries.
• Supporting a mix of uses which derive mutual benefits from, and do not compromise, the creative industries and cultural facilities in the Creative Improvement District in line with the Agent of Change principle. If development would potentially result in conflict between a cultural activity and another use, especially in terms of noise, then the development responsible for the change must secure the implementation of appropriate mitigation before it is completed.
• Development proposals for all strategic sites and in the Town / Centre will need to demonstrate that future cultural provision has been considered (which may include the provision of public realm capable of hosting events and performances, as well as cultural space within buildings). This assessment should be included in a Cultural Wellbeing Action Plan, describing how the above provisions of this policy have been addressed (as outlined in the Development Plans Planning Obligations SPD). The Cultural Wellbeing Action Plan should be developed through detailed engagement with the local community and its proposed proposals should co-designed at an early stage at pre-application.

Model Policy 2:

Protecting existing cultural facilities

Development involving the loss of arts, culture and entertainment facilities will be resisted, unless exceptionally re-provided in accordance with other policy requirements. Where loss of the facility is necessary to secure a development which will deliver benefits for the community, and this can be demonstrated to the Council’s satisfaction, a contribution towards cultural, public art or creative projects should be provided in accordance with the Council’s Planning Obligations SPD.

This assessment should be included in a Cultural Wellbeing Action Plan, describing how the above provisions of this policy have been addressed (as outlined in the Development Plans Planning Obligations SPD). The Cultural Wellbeing Action Plan should be developed through detailed engagement with the local community and its proposals should be co-designed at an early stage e.g. pre-application.

Where loss is proposed, how to address the loss should be specifically addressed in the Planning Obligation SPD.

Model Planning Obligation SPD provisions: creative facilities / project contribution

Provision of onsite cultural facilities or, in exceptional circumstances, a contribution towards cultural, public art or creative projects should be provided to address any loss of cultural facilities (scale / impact – ALL).

This assessment should be included in a Cultural Wellbeing Action Plan, describing how the above provisions of this policy have been addressed. The Cultural Wellbeing Action Plan should be developed through detailed engagement with the local community and its proposed proposals should co-designed at an early stage at pre-application.

Model Planning Obligation SPD provisions: cultural facilities

Development thresholds

This applies to developments involving the provision of one or both of the following:

• XXX or more dwellings; or
• XXX m² or more of non-residential floorspace.

Pre-application

The Cultural Wellbeing Action Plan (below) should be developed through detailed engagement with the local community and its proposed proposals should be co-designed at an early stage at pre-application.

The developer is encouraged to discuss the requirements of the obligation in relation to arts and culture with the planning case officer [and, if relevant the council’s arts and cultural services or other relevant departments with an emphasis on culture] at an early stage.

Application

The council will seek planning obligations to secure new or replacement provision of arts and culture of equal or improved capacity, design and layout in appropriate development proposals and where the three planning obligation tests are satisfied (CIL Regulation 122). If an alternative site for re-provided arts and culture would result in a better outcome for the facility and its users, the new site should be secured and the replacement facility delivered before development of the existing facility can be begun.

Where an existing facility is to be re-provided on-site in order to maintain ongoing provision of arts and culture during construction, alternative interim premises should be secured.

As part of the planning application, the applicant will be required to produce and realise a robust Cultural Wellbeing Action Plan to enhance the range of arts and cultural opportunities in the area. The applicant will then provide an assessment as part of the Cultural Wellbeing Action Plan on how they propose to meet and deliver the objectives set out in the Plan. This will need to be approved by the council’s culture service and the Planning team.

Commuted sums

In circumstances agreed by the council where an applicant is unable to provide a Cultural Wellbeing Action Plan, or it is not appropriate (e.g. for smaller schemes), then a commuted sum will be sought to enable the council to meet the requirements in the local area. This will only be in exceptional circumstances.

Any future documents that may be produced by the council which set out future cultural needs for the area, such as a Cultural Strategy and specific cultural guidelines, would be used as the basis for negotiations. Where appropriate, a planning obligation in the form of a commuted sum will be secured to meet the requirements in the local area in accordance with the planning obligation tests. If funds are pooled for one objective in one part of the borough, this will not prevent the council from pooling for an objective in a different part of the borough. This amount, and any cultural obligations, will be excluded from the affordable housing viability assessments.

Commuted sum calculations

All applications that meet the threshold are obligated to contribute to the provision of public arts (either through delivering their own Arts and Culture Action Plan or through commuted sums as set out in (1) Public Arts, below).

Where further information on cultural needs is available, such as through specific visions and/or guidance documents, then the additional figures for (2) Arts and Cultural Infrastructure will be used as the basis for the planning obligation calculation in accordance with the planning obligation tests. This contribution will be in addition to Public Arts.

The commuted sum contributions are based on Museums, Libraries and Archives / Arts Council England guidance for Arts, Museums and New Development – A Standard Approach, IXIA guidance, former Percent for Art programmes and legal advice pertaining to cultural obligations within planning policy.

These are as follows:

These contributions will be used to address issues relating to the provision of cultural infrastructure, such as affordable cultural and creative space, workspace and associated support (e.g. through subsidised capital lease, subsidised rent and/or fit out).

Where further information on cultural needs is available which indicates and supports that a higher cost is required to meet needs, then these additional figures will be used as the basis for the planning obligation calculation in accordance with the planning obligation tests.

In determining the level of commuted sums, consideration will be given to the time and cost involved in establishing or re-establishing a cultural facility. Set up costs will form part of the commuted sum.

^*This only applies for schemes exceeding xxx m2, with the price applied proportionally to any additional floorspace over this value (e.g. a scheme of xxx m2 would result in a contribution of £xxx).

Model Policy 4:

Public art

The provision of public art and cultural activity can not only enhance the environment but also create a wide variety of other important benefits such as:

• Improving the quality of life for local people.
• Creating a local distinctiveness and a sense of place.
• Enriching the cultural life of the Borough and raise its profile.
• Providing a focus and stimulus for tourism.

A minimum of 0.x% of the gross development cost of proposals for xxx or more dwellings or non-residential development of xxx sqm or more should, subject to viability, be allocated towards cultural wellbeing. This includes public art that enhances the cultural offer and appearance of the development, its surroundings and the Borough as a whole, and engaging local residents throughout.

Model Policy 5:

Place quarters

The city / town centre has areas where specific uses cluster together or which have a particular character or identity. To make the most of these clusters and characters and to ensure new development does not impact negatively on these areas, City Centre Quarters have been defined where a specific policy approach applies. These are:

• xxx a list item here
• xxx a list item here
• xxx a list item here

Model Policy 6:

Cultural quarter

Within the ‘Creative Quarter’, as shown on the policies map, planning permission will be granted for development that is consistent with and does not undermine the delivery of the following strategic aims:

• Supporting the creative industries sector through the provision of an affordable range of workshops, studios, offices and other commercial/ employment premises suitable for newly formed, growing and established businesses.
• Providing a flexible range of new and converted employment premises of varying sizes, with an emphasis on those that are suitable for the needs of identified growth sectors and maximising the opportunities for co-ordinated and complementary infrastructure provision, including access to high technology communication facilities, specialist business advice and support networks.
• Maximising opportunities for the positive re-use of existing buildings, including historic buildings identified as being at risk or with a record of long-term vacancy or under-occupation, and preserving and enhancing the significance of heritage assets.
• Providing specialist services including training, education, ancillary retail and leisure facilities that are complementary to the creative industries sector.
• Supporting the visitor and business economy through provision of facilities to enhance the city’s convention/conferencing offer.
• New housing provision, including student accommodation and innovative formats as part of mixed-use schemes, where this is compatible with and does not prejudice the activities of adjoining uses.
• Improving linkages (pedestrian, bus and cycle) between the core of the city/town centre and adjoining neighbourhoods.

Model Policy 7:

XXX Special Policy Area

Development in the xxx Special Policy Area will reflect its unique character and function and demonstrate how it respects, protects and enhances the existing scale and grain of the built environment and the unique mixture of uses present there.

The following uses will be supported [as example – the policy needs to list those attributes unique to the area / cluster to be protected / reinforced]:

• small and medium enterprise (SME);
• workspace, particularly in the creative industries;
• specialist retailing;
• new live music venues;
• physical, social and green infrastructure;
• small-scale hotels; and
• food, drink and entertainment uses.

Loss of any of these unique functions will only be supported where:

• There is no reasonable prospect of its continued use for xxx use or complementary facilities, as evidenced by vacancy and appropriate marketing for a period of at least 12 months.
• The proposal is for high quality residential development.

Model Policy 8:

Town / city centre cultural facilities

Cultural facilities and activities are an important component of a vibrant and successful town / city centre. Our town / city centre and its high streets are struggling in response to a rapidly changing retail market and changing retail habits. As such enhanced cultural facilities and activities and the colour and attractiveness they bring will be critical to its reimagining, regeneration, place-making and enhanced attractiveness.

Developments in xxx town / city centre will be supported where they:

• Protect existing heritage, cultural and community venues, facilities and uses.
• Involve and / or support the development of new cultural venues.
• Can provide an anchor for town / city centre renewal.
• Protect and enhance strategic clusters of cultural attractions.
• Support the use of the public realm, parks and green spaces for public art and as outdoor venues for cultural events and festivals.
• Involve the positive use of vacant properties (particularly heritage buildings) and land for pop-ups or ‘Meanwhile’ uses for cultural and creative activities during the day and at night-time to stimulate vibrancy and viability and promote diversity in the town / city centre.
• Maximise opportunities for redundant heritage assets and the role they can play in economic and social well-being.
• Provide opportunities for town / city centre living and the enhancement of the liveability of existing town /city centre neighbourhoods.
• Support a mix of uses which derive mutual benefits from, and do not compromise, the creative industries and cultural facilities in the town / city centre in line with the Agent of Change principle. If development would potentially result in conflict between a cultural activity and another use, especially in terms of noise, then the development responsible for the change must secure the implementation of appropriate mitigation before it is completed.
• Support the creative industries sector through the provision of an affordable range of workshops, studios, offices and other commercial/ employment premises suitable for newly formed, growing and established businesses.
• Development proposals in the Town / City Centre will need to demonstrate that future cultural provision has been considered (which may include the provision of public realm capable of hosting events and performances, as well as cultural space within buildings). This assessment should be included in a Cultural Wellbeing Action Plan, describing how the above provisions of this policy have been addressed (as outlined in the Development Plans Planning Obligations SPD). The Cultural Wellbeing Action Plan should be developed through detailed engagement with the local community and its proposed proposals should be co-designed at an early stage at pre-application.

Model Policy 9:

Meanwhile and temporary uses

• Proposals for meanwhile and pop-up uses will be supported where they:

  • Mitigate the impact of construction or optimise under-utilised capacity during the phasing of development; and/or
  • Can demonstrate that they will enhance the vibrancy and vitality of the area, including through:
  • • promoting arts and cultural uses;
    • providing community space or facilities;
    • reusing vacant or underused historic buildings and / or prominent buildings;
    • providing employment opportunities for local people and independent businesses, such as an incubator hub; or providing affordable workspace; or providing food growing spaces; or otherwise meeting the ambitions of the relevant Area Strategy; and/or
    • help animate the public realm.
• Temporary permissions and/or planning conditions will be used to assess or regulate the impact of the meanwhile use to a particular length of time.
• The temporary use of sites and premises for cultural activities, particularly in locations where they can help to animate the public realm, and the provision of public art will be supported.
• The council will produce a meanwhile use toolkit to support the development of meanwhile uses.

Model Policy 10:

Protecting existing cultural venues and activities

If a development would potentially result in conflict between a cultural activity and another use, especially in terms of noise, then the development responsible for the change must secure the implementation of appropriate mitigation before it is completed (known as the ‘agent of change’ principle). This conflict and its mitigation to be evidenced as part of the planning application and secured through the consent.

Model Policy 11:

Multifunctionality and co-location

New or improved cultural facilities – multifunctional co-location

• The council will support the provision of high quality, accessible community and cultural facilities to serve new and existing communities, regenerate areas and raise the profile of the place as a destination for culture and the arts.
• The council will encourage the development of multi-functional community and cultural facilities / co-location in particular as an integral part of all major development in the Borough.
• Developers are required to outline such multi-functional / co-location proposals in a Cultural Wellbeing Action Plan, describing how the above provisions of this policy have been addressed (as outlined in the Development Plans Planning Obligations SPD). The Cultural Wellbeing Action Plan should be developed through detailed engagement with the local community and its proposed proposals should be co-designed at an early stage at pre-application.

Key projects [if a list of projects is available]:

The council will work with relevant partners to deliver the following multi-functional cultural / community hubs at: xxx (list).

Funding and developer contributions:

Proposals for new development will be required to contribute towards these multi-functional hubs as part of their Cultural Wellbeing Action Plans and/or exceptionally be required to provide commuted sums as set in the council’s Planning Obligation SPD.

Model Policy 12:

Affordable, flexible and managed workspace

• All development for economic uses will be expected to be leased at reasonable rents and under flexible leasing arrangements taking account of the Code for Leasing and Business Premises in England and Wales 2007.

• All development that provides economic floorspace will be expected to contribute to the provision of affordable, flexible and managed workspace, in perpetuity, which will be secured by way of s106 planning obligation and/or conditions. Planning applications will be assessed in accordance with the following:

  • Developments that would provide less than xxx sqm of economic floorspace will be expected to provide a range of unit sizes, unless a specific end user has been identified and that there is sufficient certainty regarding their occupation at the time of submitting the application, or if the proposed development is for a co-working space (or similar ‘open workspace’ models).

  • Developments that would provide more than xxx sqm of economic floorspace will be expected to:

    • Provide a proportion of ‘open workspace’, equivalent to x% of the gross economic floorspace and no less than xxx sqm (whichever is greater), which includes a wide range of features that minimise overhead and upfront investment costs and provide business support for micro- and small-businesses, especially early-stage businesses; or
    • Provide a proportion of economic floorspace at an affordable rent, in perpetuity, subject to scheme viability – at least x% of gross economic floorspace at a capped rate of x% less than the prevailing market rate for comparable premises.
  • The redevelopment of existing affordable, flexible and managed workspace must re-provide the maximum viable quantum of such employment floorspace in perpetuity, at equivalent rents (taking into account service charges). These should be suitable for the existing or equivalent uses, subject to current lease arrangements and the expressed desire of existing businesses to remain on-site. For sites over xxx sqm, where this re-provision would result in less floorspace than is provided under 2b. above, additional provision to at least this amount is required.

• Development proposals for affordable, flexible and managed workspace will be supported in order to meet the specific needs of SMEs in the local economy, including for those in specialist sectors where the borough demonstrates, or has the potential to develop, local specialisation. In particular, the council will support workspace that meets the specific needs of the cultural, creative, digital, and food and drink industries; which accommodates sectors that have social value or which improve educational outcomes; or that provides for disadvantaged groups wishing to start up in any sector. Opportunities for the clustering of sites will be encouraged. To support this, the provision of cultural workspace will be:

  • Required on sites in: xxx (list),

  • Encouraged on sites in:

    • town centres;
    • local centre; or
    • other focal points of activity

• Affordable workspace should be made available for occupation at the same time as, or prior to, the first occupation of the remainder of the economic floorspace in the development.