Open space and play space contributions on small schemes
A contribution must be necessary, directly related and fairly proportionate. On schemes under ten units many requests are formulas without evidence. Five questions to ask.
An open space contribution on a small scheme is only lawful if it passes three tests, and a surprising number of requests on schemes of under ten dwellings do not. Regulation 122 of the Community Infrastructure Levy Regulations 2010 requires any planning obligation to be necessary to make the development acceptable in planning terms, directly related to the development, and fairly and reasonably related in scale and kind to it. Ask for the calculation and the evidence behind a request, and on a small site you will often find a formula applied without the evidence that makes it necessary.
When a contribution can lawfully be sought
The three tests are statutory, not advisory. An obligation that fails any of them cannot be taken into account when the application is determined, and an inspector will strike it out on appeal.
That does not make requests unreasonable in principle. Where a scheme of six houses adds twenty or so residents to a ward with a measured deficiency of accessible open space, and the adopted plan has a policy requiring provision or a commuted sum, the tests are usually satisfied.
What fails is the request with no evidence behind it: a per-dwelling figure applied because the spreadsheet says so, with no identified project, no deficiency evidence and no explanation of why this development makes the difference.
Where the numbers come from
Most authorities set a quantitative standard in the local plan or an open space supplementary planning document, expressed in hectares per thousand population and split by typology: parks and gardens, natural and semi-natural green space, amenity green space, provision for children and young people, outdoor sports facilities and allotments.
The standard is usually drawn from a local open space assessment carried out for the plan, sometimes benchmarked against national guidance from Fields in Trust. Planning Practice Guidance on open space expects authorities to base standards on a thorough assessment of local need rather than importing a figure.
The calculation then runs in three steps. Population yield from the dwelling mix, multiplied by the standard per person, gives a requirement in square metres. Where on-site provision is not made, the requirement is converted to a commuted sum using a capital cost per square metre, and a maintenance sum is added for a defined period.
Ask for each step in writing. An Open Space Assessment submitted with the application lets you set out the arithmetic yourself rather than reacting to the council's version late in the determination period.
Child yield and playable space
Play space is calculated separately, from child yield rather than total population. Child yield multipliers vary by dwelling size and tenure, and the source is usually the council's own supplementary planning document or, in London, the population yield calculator published by the Greater London Authority.
London Plan Policy S4 expects at least 10 square metres of playable space per child, with provision graded by age group and by walking distance from the home. Outside London, local standards differ and the age bands are not consistent between authorities.
Small schemes rarely generate enough child yield to justify on-site equipped play, and the honest answer is often doorstep playable space within the layout plus a contribution towards an existing facility. Our article on child yield and playable space goes through the calculation in detail, and a Play Space Assessment sets it out in the form officers expect.
The overlap with the levy
Where the authority charges the community infrastructure levy, open space may already be funded through it, and asking for a section 106 contribution towards the same project as well is double charging.
The pooling restriction that used to limit contributions to five obligations per project was removed in 2019, so authorities can now pool freely. What replaced the transparency it provided is the annual infrastructure funding statement, which every charging authority must publish, setting out what was collected, what was spent and what is planned.
Read it. It tells you which projects the levy is funding, and if the open space project the council wants a section 106 contribution towards is already listed as levy funded, say so.
On-site provision against a commuted sum
On-site provision keeps the money in the scheme and can improve the layout, and it is normally preferred by policy where the scheme is large enough to support usable space.
It is not free. On-site open space needs a management arrangement, a maintenance budget in perpetuity, and often a commuted sum to the council anyway if the land is to be adopted. It also takes developable area out of the site, which on a nine-unit scheme can remove a plot.
A commuted sum is simpler and is usually the right answer on small sites. Negotiate the destination as well as the amount, because a contribution tied to a named project within walking distance of the site is easier to justify under the regulation 122 tests than a general fund, and it is easier to defend to purchasers.
Maintenance, adoption and the long tail
Maintenance obligations run for a defined period, commonly ten to fifteen years, and the sum is calculated from an annual cost per square metre. Two questions decide whether the figure is reasonable.
What is being maintained, precisely, and at what specification? Mown amenity grass and a wildflower meadow with an annual cut and collect regime cost different amounts, and the maintenance schedule should match what is actually proposed.
And who holds the obligation after the developer has gone? Where a management company is proposed, the agreement should say what happens if it fails, and purchasers' solicitors will ask. Where the land is to be adopted, the adoption specification and the trigger for transfer belong in the agreement rather than in correspondence.
Biodiversity net gain now overlaps here. Habitat created as open space may also be counted towards the biodiversity gain plan, and it will then carry a separate thirty-year management and monitoring obligation. Do not agree two inconsistent management regimes for the same piece of grass.
Negotiating the request down
Five questions do most of the work.
- Which adopted policy requires this contribution, and what does it actually say about scheme size?
- What is the calculation, step by step, including the yield multiplier and the cost rate?
- What is the evidence of deficiency in this ward or catchment?
- Which specific project will the money be spent on, and is it already levy funded?
- How does the request satisfy each limb of regulation 122?
Put them in one email early in the determination period, not at the point the officer is drafting the report. Where the answers are thin, the request usually reduces or falls away. Where they are solid, you have the information to price it properly and get on with the scheme.
This is general guidance rather than legal advice. Standards, rates and policies vary by authority, so check the adopted plan and the current infrastructure funding statement with your local planning authority or a qualified professional before relying on it.
Browse the 66 report types to see what a small residential scheme usually needs. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Can a council require an open space contribution on a scheme of six houses?
Yes, where an adopted policy requires it and the regulation 122 tests are met: necessary to make the development acceptable, directly related to it and fairly and reasonably related in scale and kind. What fails is a per-dwelling figure applied with no identified project, no deficiency evidence and no explanation of necessity.
How is a commuted sum for open space calculated?
Population yield from the dwelling mix is multiplied by the local standard per person to give a requirement in square metres, which is converted to a capital sum using a cost rate, with a maintenance sum added for a defined period. Ask for each step in writing rather than accepting a single total.
How is play space calculated?
From child yield rather than total population, using multipliers that vary by dwelling size and tenure. The source is normally the council's supplementary planning document, or in London the Greater London Authority population yield calculator. London Plan Policy S4 expects at least 10 square metres of playable space per child.
Does the levy already cover open space?
It can. Where the authority charges the community infrastructure levy, open space projects may be funded through it, and seeking a section 106 contribution for the same project is double charging. The annual infrastructure funding statement sets out what has been collected and spent and which projects are planned.
How long do maintenance obligations last?
Commonly ten to fifteen years, calculated from an annual cost per square metre. Check what is actually being maintained and to what specification, since amenity grass and a managed wildflower meadow cost different amounts, and check who holds the obligation once the developer has gone.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.