Development Management Policies DPD

Essex County Fire & Rescue Service, Community Safety & the Rochford District Council Development Management Development Plan Document

Fire & Rescue Services Legislation & Community Safety

Essex County Fire & Rescue Service have a statutory responsibility under Part 2 (Core Functions) (S.7) (1) of the Fire & Rescue Services Act (2004) to make provision for the purposes of:-

(a) Extinguishing fires; and
(b) Protecting life and property in the event of fires in its area.

Furthermore, Part 2 (S.7) (2) provides that 'in making provision under subsection (1) a Fire and Rescue authority must in particular':-

(a) Secure the provision of the personnel, services and equipment necessary to efficiently meet all normal requirements;
(b) Secure the provision of training for personnel; and
(c) Make arrangements for dealing with calls for help and for summoning personnel;

Community Safety Legislation & the Planning System

The Government's Sustainable Development and Sustainable Communities Agenda's to be delivered via the spatial planning system identify issues of community safety as important factors in the creation of safe environments and sustainable, inclusive communities.

Planning Policy Statement 1 (2005) describes the Government's overarching objectives for the planning system and sets out how planning should play a key role in delivering safe, secure, sustainable communities.

Section 17 of the Crime & Disorder Act (1998) requires both local authorities & Fire Service's to consider community safety in the exercise of all their duties and activities.

The Police and Justice Act (2006) (a review of the 1998 Crime & Disorder Act) raised the profile of S.17 as the principal vehicle for mainstreaming community safety in responsible authorities.

Planning Obligations Legislation

S.106 of the Town & Country Planning Act (1990) states in part that:

(1)'A local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement.

(2) 'Any such agreement may contain such incidental and consequential provisions (including financial ones) as appear to the local planning authority to be necessary or expedient for the purposes of the agreement'.Section 46 of the Planning and Compulsory Purchase Act (2004) provides for the levying of planning contributions.

Circular 05/2005 sets out the current national policy advice relating specifically to planning obligations. It makes clear that it is appropriate to seek financial or other support to mitigate the impact of a development.

The Circular has now been consolidated and placed in the Community Infrastructure Levy Regulations - giving them statutory status, rather than government policy as before.

The consolidated tests are set out at regulation 122, these are set out below and apply to all planning obligations made from 6th April 2010:-

a) Necessary to make the development acceptable in planning terms;
b) Directly related to the development; and
c) Fairly & reasonably related in scale & kind to the development.

Essex County Fire & Rescue Services & the Rochford Local Planning Process

In light of the above therefore, Essex County Fire & Rescue Service have certain expectations of Rochford Borough Council in the operation of their planning activities, these are as follows:

1. Requirement for the relevant inclusion of planning conditions requiring compliance with applicable design criteria to mitigate risk of fire. These include:

Risk based assessments to be undertaken from the design stage for all community buildings or buildings of multiple occupation and agreed with ECFRS prior to construction.

All proposed new schools actively employ the BB100 school design guide, employ the risk assessments and agree to adhere to the recommendations.

Residential sprinkler systems to be installed for any high risk residential buildings, such as care housing, supported housing, RSL (Registered Social Landlord Stock) or other buildings of multiple occupation accordingly.

2. Section 106 developer contributions / planning obligations to be provided for the provision of additional / expanded infrastructure required to meet the increase in demand based upon assessments consisting of:-

a) Standard charging regime or Community Infrastructure Levy - based upon an assessment of existing ECFRS capital infrastructure and the ability of such to meet increase in demand and risk due specifically to growth in all elements of the built environment, should we approach you in due course regarding standard charges / the CIL; and

b) Specific planning contribution requirements for sui-generis developments not capable of being adequately assessed based upon a Standard Charging Regime approach, should it become necessary to the impact of a proposal.

c) Planning obligations practice pertaining to the provision of fire hydrant access to potable water sources as set out by BS:9999:2008 if such an arrangement is not already in place in all instances.

NB: Any subsequent iterations or updates to either BB100 or BS:9999:2008 should be adhered to accordingly.

We hope these comments are mutually beneficial to all parties concerned. Comments expressed in this document are made to the best of our professional ability. Should any party have any queries as to the content or implications, please do not hesitate to contact us on the details contained on the documents accompanying letterhead.