Main Modifications to the North East Derbyshire Local Plan (Publication Draft), 2020

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Schedule of Main Modifications to the North East Derbyshire Local Plan (Publication Draft)

Chapter 1: Introduction


MM/001

Page 1, Para 1.2

Suggested modification

Amend paragraph 1.2 and insert list of superceded policies from the 2005 Adopted Local Plan as new Appendix A:

"North East Derbyshire's Local Plan will covers the area of North East Derbyshire outside of the Peak District National Park and looks forward to 2034. The Plan will be used to guide decisions on planning applications and areas where investment should be prioritised. Once adopted, iIt forms will become part of the dDevelopment pPlan for North East Derbyshire and will replaces the 'saved' policies of the 2005 Adopted North East Derbyshire District Local Plan. A list of all of the saved policies from the 2005 Adopted Local Plan deleted by this Local Plan is set out in Appendix A. The Local Plan does not cover minerals and waste planning as this is the responsibility of Derbyshire County Council. Once adopted, the new Derby and Derbyshire Minerals Local Plan and the Derby and Derbyshire Waste Local Plan will form part of the dDevelopment pPlan for North East Derbyshire."

See Annex 1 to the Schedule of proposed Main Modifications for the new Appendix A.

Reason for modification

To clarify those policies from the 2005 Adopted Local Plan to be deleted by this Local Plan, and to accord with the Regulations.


Chapter 3: Vision and Objectives


MM/002 

Page 21, Para 3.4

Suggested modification

Amend 4th bullet of paragraph 3.4:

"The District will have accommodated sustainable growth whilst the distinct character of different areas and communities will have continued to be preserved and promoted, creating safe, integrated and healthy communities. This will be achieved by:

  • growing and diversifying the local economy to create stability and prosperity, supporting businesses and regenerating the most deprived areas;
  • sharing in the economic benefits of regeneration and sustainable growth in the wider Sheffield City Region and D2N2 Local Economic Partnership area's;
  • encouraging rural diversification that recognises the District's tourism assets;
  • providing new housing with a range of house types and tenures which meet the needs of a growing and ageing population, including through neighbourhood regeneration of the most deprived areas."
Reason for modification

To clarify support to housing-led regeneration in the Plan's vision.


MM/003

Page 23, Objective D5

Suggested modification

Amend Objective D5:

"D5 Housing for All

To meet the objectively assessed housing needs of for market and affordable housing in the District ensuring there is an adequate mix of housing types, sizes and tenures to meet the needs of all sectors of the District's communities, including supporting housing-led neighbourhood regeneration opportunities."

Reason for modification

To clarify the importance of meeting affordable housing needs and to give support to housing-led regeneration.


Chapter 4: Spatial Strategy


MM/004

Page 34/35, Para 4.12

Suggested modification

Amend paragraph 4.12, to reflect changes to Table 4.1:

"Table 4.1 sets out the components of the housing land supply that will meet the overall housing target. This comprises the 975 1996 dwellings that have been built since 2014, and a further 3882 3901 dwellings with planning permission that are considered to be deliverable and developable within the Plan period. These are also known as commitments, the majority of which are shown as allocations on the Policies Map. Only 614 Some 1192 dwellings are not shown as allocations and this is due either to their small size, or their location around settlements below level 2 in the settlement hierarchy, or because they secured planning permission during Examination of the Plan. This leaves a balance of 1,764 dwellings remaining to be found for allocation in the Plan, 814 dwellings without planning permission are allocated (Appendix AB provides a breakdown per settlement). Additional flexibility will be provided by windfalls, which are expected to provide approximately 75 dwellings per year based upon past trends. This will provide a 13%11% buffer in relation to the overall housing requirement of 6,600 dwellings."

Reason for modification

Update in response to new monitoring data.


MM/005

Page 35, Table 4.1

Suggested modification

Amend Table 4.1:

Housing Completions 2014-201720209751996
Minor commitments at 31/03/20172020 (minus 57% lapse rate)420417
Major commitments at 31/03/20172020 (not allocated)194775
Allocations (with planning permission i.e. commitments)32682709
Allocations (without planning permission)1764814
TOTAL66216711
Reason for modification

Update in response to new monitoring data.


MM/006

Page 36, Para 4.16

Suggested modification

Amend paragraph 4.16:

"The 2017 Employment Land Update (ELU) recommended that employment land provision for North East Derbyshire should be between 2830 ha and 4143ha (2014-2034). The bottom end of the range represents a level that links to 'baseline' employment forecasts. The upper end reflects forecasts related to a 'Regeneration' scenario. This is intended to represent the growth associated with the Local Plan's objectives and broad strategies in the District and beyond, including those of the LEPs; and is considered to be the most appropriate and realistic forecast on which to base the employment land target in the Plan. The recommended target of 4143ha would allow for significant losses of existing employment land but provide for an overall employment land increase in line with economic forecasts."

Reason for modification

Update.


MM/007

Page 36/37, Para 4.20

Suggested modification

Amend paragraph 4.20:

"The provisionemployment land provision target of 43ha (net) in policy SS2 resulting from the Plan's allocations therefore allows for the improvement of the employment portfolio through the loss of existing, less marketable employment land, more diverse uses on some employment sites, and new employment land and mixed-use strategic sites. A minimum employment land provision target for North East Derbyshire is therefore identified at 41 hectares (net) for the plan period. "

Reason for modification

Text updated to reflect changes to Policy SS2 in relation to the target for employment land provision.


MM/008

Page 39, Para 4.33

Suggested modification

Replace paragraph 4.33:

"It is envisaged that the 4 Towns and 3 Strategic Sites together will accommodate the majority (i.e. over 50%) of the District's housing growth requirements during the Plan period and all the new employment land provision.

The level 1 Towns and Strategic Sites will be the focus for the District's growth requirements during the Plan period, accommodating housing and commercial development, including all the new employment land provision."

Reason for modification

For soundness and clarity; to be less prescriptive in the approach to give priority to the four level 1 towns and strategic sites.


MM/009

Page 41, Policy SS2

Suggested modification

Amend Policy SS2, re-number its constituent parts and add new part re: Countryside:

"Policy SS2: Spatial Strategy and the Distribution of Development

1. The Local Plan will promote prosperous and sustainable communities by delivering new development, whilst protecting the high quality environment that makes North East Derbyshire an attractive place to live and work.

Housing Provision

2. The Local Plan will make provision for the delivery of a minimum of 6,600 dwellings over the period 2014 - 2034

3. The majority (over 50%) of newNew housing development will be focused on:

tThe four level 1 towns of Clay Cross, Dronfield, Eckington and Killamarsh;

and on the Avenue and former Biwaters Strategic Sites; and Level 2 settlements as defined in the Settlement Hierarchy in Table 4.2.

4. The remaining housing development will be focussed on the district's other most sustainable settlements, defined as Level 2 settlements in the Settlement Hierarchy at Table 4.2

Employment Provision

5. 4. The Local Plan will make provision for 4143ha of employment land for the period 2014-2034.

6. 5. New employment development will be focused on Principal Protected Employment Areas as identified in Policy WC2 and on Strategic Sites at: The Avenue, Former Biwaters and Markham Vale (Policies SS3-5).

Retail Provision

7.6. New convenience floorspace will be focussed within town centre boundaries as identified in Policy WC54.

Settlements

8. 7. Policies for settlements will aim to:

  1.  Support and enhance the role of the four level 1 Towns of Clay Cross, Dronfield, Eckington, and Killamarsh;
  2.  Regenerate Support and facilitate the regeneration of the level 1 towns and level 2 settlements with identified needs; and
  3.  Maintain the role of settlements by supporting their ability to sustain services and facilities through new development that is appropriate in scale and reflects their position in the Settlement Hierarchy.

Countryside

8. Land which lies outside a Settlement Development Limit and is not allocated for development, will be treated as 'countryside' where development will only be permitted in accordance with Policies SS1 (Sustainable Development) and SS9 (Development in the Countryside)."

Reason for modification

For soundness and clarity; to be less prescriptive in the approach to give priority to the four level 1 towns and strategic sites; to align with changes to employment sites in Chapter 6; and to clarify the approach to development in the countryside.


MM/010

Page 43, Table 4.3

Suggested modification

Amend Table 4.3 & footnote 7:

"Table 4.3: Housing Distribution by Level 1 & Level 2 Settlement7

Settlement

Housing Provision 2014 - 2034

Level 1 Settlements (Towns)


Clay Cross (+ Biwaters)

329464 (+825)

Dronfield

569303

Eckington

603213

Killamarsh

523560

Towns Total

20241540

Strategic Sites


The Avenue

716731

Former Biwaters

825

Strategic Sites Total

15411556



Level 2 Settlements (Large Villages)


Calow

73109

Grassmoor

272276

Holmewood

519484

Morton

129156

North Wingfield

13199

Pilsley

129140

Renishaw

6-3

Shirland

192193

Stonebroom

96144

Tupton

370362

Wingerworth (+ The Avenue Strategic Site)

600 (+716)

752 (+731)

Large Villages Total

25172712

Remaining Area8

539903

TOTAL

66216711

7 Figures are based upon completions since 2014, current commitments and allocations (see Appendix B). They do not represent targets or maximum levels of housing.

8 Remaining Area – figure includes commitments in level 3 & 4 Settlements and countryside locations."

Reason for modification

To reflect the latest 2020 monitoring.


MM/011

Page 44, Para 4.40 – 4.43

Suggested modification

Amend paragraphs 4.40 to 4.43

"The Avenue, Wingerworth

The Avenue site is located to the east of the A61, adjacent to Wingerworth and close to the administrative boundary with Chesterfield Borough. A significant proportion of the site comprises the former Avenue Coking Works andwhich has a legacy of contamination that is currently thebeen subject ofto a major remediation programme due to bethat completed in 2017.

The Avenue site was allocated for re-development in the previous District Local Plan (which covered the period 2001-to 2011). Since this time, theIn 2013 the Council has adopted the Avenue Area Strategic Framework as non-statutory planning guidance and itwhich is will be a material planning consideration in determining planning applications on the site. This considered the incorporation of an additional area of adjoining land between the site and the A61, together with the former CPL site, to ensure that development takes place in a comprehensive and co-ordinated manner. The Framework considers that the site is capable of delivering around 4-5 hectares of land for B1 (now E(g)),* B2 and B8 employment uses, (in addition to employment uses currently on site) and up to 1100 new homes, along with ancillary facilities and infrastructure, and public open space. Planning permissions are in place for three partsmuch of the site and include the provision of approximately 700 dwellings. It is expected that the remaining site area is likely towill deliver beyond the plan period.

Given the scale of the site and its role in delivering the strategy of the Plan over the plan period, the land is allocatedidentified as a strategic site. The site is allocated for mixed use development, comprising employment, housing, recreation and open space uses.

The Local Transport Plan sets out future proposals for new infrastructure and includes an A61-A617 Avenue link road as a longer term County Council project. Whilst it is important that development of the site does not prejudice the construction of a link road from the A61 to the A617, currently there is no defined route for this link road and no likelihood of funding before at least 2024. For these reasons a definitive route cannot be safeguarded on the Policies Map."

* the AASF predates the The Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020, which deletes the B1 (Business) Use Class and incorporates those uses (offices, research & development and other industrial uses appropriate to a residential area) within category g of a broader use Class E – Commercial, Business and Service Uses.

Reason for modification

To update the plan and reflect a change to Policy SS3: The Avenue and changes to the Use Classes Order


MM/012

Page 46, Policy SS3

Suggested modification

Amend Policy SS3, criterion 2c:

"POLICY SS3: The Avenue

  1. Land at the former Avenue site, as shown on the Policies Map, is allocated as a Strategic Site for mixed use development
  1. Proposals for the comprehensive mixed use development of this site will be guided by The Avenue Area Strategic Framework or any subsequent approved document and will be permitted where they:
    1. Optimise the use of the site or make best use of land;
    2. Provide up to 1100 new homes (approximately 700 within the period up to 2034);
    3. Provide for a minimum of 4 hectares of additional employment land;
    4. Include a range of local facilities, including a primary school retail, sport and recreation facilities;
    5. Protect and/or enhance existing open space, sport and recreation facilities;
    6. Promote and accommodate sustainable transport for pedestrians, cyclists, and public transport;
    7. Provide effective pedestrian and cycle links to Chesterfield and nearby settlements, including through green infrastructure where this would not have an adverse impact on biodiversity;
    8. Do not prejudice the construction of a link road from the A61 to A617;
    9. Create development of the highest quality design and energy efficiency, with appropriate low carbon technologies;
    10. Maintain and improve existing known areas of wildlife habitat and species, and include measures for habitat creation; and
    11. Incorporate an appropriate mix of house types and tenures, to reflect housing need and market considerations"
Reason for modification

For soundness to clarify that the employment land requirement for the site is in addition to exising provision on the wider site


MM/013

Page 49, Policy SS4

Suggested modification

Amend Policy SS4 and strategic site allocation boundary on the policies map:

"POLICY SS4: Former Biwaters Site, Clay Cross

  1.  Land at Former Biwaters, Clay Cross, as shown on the Policies Map, is allocated as a Strategic Site, for mixed use development.
  2.  Development proposals for the comprehensive remediation and mixed use development of this site will be guided by the Design Framework or any subsequent approved document and permitted where they:

    a. Provide a high quality, sustainable, mixed use development that is well connected and has a functional relationship with Clay Cross;

    b. Provide for approximatelupto 8 hectares of employment generating land uses to include provision for started units and managed workspace;

    c. Provide up to 1000 new dwellings (approximately 825 within the period up to 2034);

    d. Provide new local facilities to include a range of small shops catering for local needs;

    e.d. Protect existing open space, sport and recreation facilities and provide or enhance additional facilities to meet additional need generated by the development;

    f.e. Locate the residential element to maximise accessibility to existing and new local facilities;

    g. f. Promote and accommodate sustainable transport for pedestrians, cyclists, and public transport and does not preclude the future provision of rail access;, including the provision of a route through the site to provide pedestrian and vehicular access to a future off-site railway station;

    h.g. Provide effective links for pedestrian and cycle access, including to Clay Cross town centre, Tupton, and North Wingfield via a trail network to incorporate the development of a Brassington Lane safe route link to Tupton Hall School;

    i. h. Provide a through road from the A61 to Furnace Hill/A6175;

    j. i. Sustain orand enhance the significance of heritage assets, (includingin particular the Grade 1 listed St Lawrence Church in North Wingfield);

    k.j. Provide a wildlife corridor and buffer zone along the River Rother to protect the biodiversity value of the river corridor and protect new development from the risk of flooding, and promote linkages to the wider green infrastructure network;

    l.k. Provide structural landscaping and public open space in accordance with Policies ID6-9ID7, ID10 and SDC12; and

    m.l. Incorporate an appropriate mix of house types and tenures, to reflect housing need and market considerations."

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map'– PMC/MM/4/08.

Reason for modification

To remove reference to the Design Framework that has been superceded and to clarify the site requirements in light of permissions in place for the development of the site.


MM/014

Page 51, Policy SS5

Suggested modification

Amend Policy SS5:

"Policy SS5: Markham Vale

  1.  Land at Markham Vale as shown on the Policies Map, is allocated as a Strategic Development Site for employment use.
  2.  Development proposals will be guided by the approved Design Framework or any subsequent approved document and permitted where they:
    1.  Take place as part of the comprehensive development of the whole Markham Vale scheme;
    2.  Promote and accommodate sustainable transport for pedestrians, cyclists, and buses in accordance with Policy ID2-3;
    3.  Provide structural landscaping, green infrastructure and public open space in accordance with Policies ID67 & ID910, and promote linkages to the wider green infrastructure network;
    4.  Incorporate sustainable design principles, in accordance with Policy SS1 and Policy SDC12; and
    5.  Protect the settingSustain and enhance the significance of heritage assets, in particular the Grade 1 Listed Bolsover Castle."
Reason for modification

To ensure the Policy is consistent with the NPPF in relation to planning policies for the historic environment.


MM/015

Page 52, Para 4.53

Suggested modification

Insert new paragraph after paragraph 4.53:

"It is acknowledged that a revised scheme for the land in North East Derbyshire will be required. The range of uses that form part of the approved schemes for the wider site remains broadly appropriate, accepting that the quanta of development types is likely to change. It is therefore considered that the site could accommodate the following uses up to and/or beyond the plan period:

  • Residential development of up to 660 dwellings, incorporating a local centre and land for a primary school where appropriate, to meet the needs arising from the development of the site and where consistent with other policies in the Plan;
  • Employment development within use classes B2, B8 and E(g) for up to 28ha (gross);
  • Transport hub to serve the wider site; and
  • Open space."
Reason for modification

To clarify the level and range of uses likely to be acceptable on the site.


MM/016

Page 54, Policy SS6

Suggested modification

Amend Policy SS6, re-number criterion, and add new part 3:

"POLICY SS6: Coalite Priority Regeneration Area

  1. Land at the former Coalite Chemical Works site as defined on the Policies Map is allocated as a Priority Regeneration Area within the Local Plan. As such, the site will be safeguarded from development which would jeopardise the comprehensive remediation, reclamation and redevelopment of the whole site (including the land in Bolsover District)
  2. Proposals for the development of this priority regeneration area will be guided by the approved masterplan for the site or any subsequent approved document and permitted where they:
    1.  Form part of a comprehensive masterplan for re-development on the whole site (including the land in Bolsover District);
    2.  Enable the full reclamation of the site prior to the development commencing, in line with an agreed programme of work and delivery plan which should also ensure that no residential development takes place until the whole of the site has been fully remediate;
    3.  Protect the settingSustain and enhance the significance of heritage assets, in particular the Grade 1 Listed Bolsover Castle and Sutton Scarsdale Hall;         
    4.  Protect and enhance the biodiversity value of the Doe Lea Corridor within the site and promote linkages to the wider green infrastructure network where possible;
    5.  Protect the water quality of the River Doe Lea;
    6.  Protect development from the risk of flooding by avoiding placing vulnerable uses in the high risk flood zones within the site; and
    7.  Take account of any potential impacts arising from the implementation of High Speed 2.
  1. The following are considered acceptable main uses for the site either individually or in combination, subject to meeting the requirements of 2 above:
    1. Housing development for up to 660 dwellings, including where justified:
      1.  a local centre to serve the day to day needs of the site, and
      2.  provision of a Primary School or land for a Primary School;
    2.  Employment development (comprising B2, B8 and E(g)) for up to 28ha;
    3.  Transport hub; and
    4.  Open space."
Reason for modification

To remove unnecessary restrictions to the development of the site and clarify the level and range of uses likely to be acceptable on the site.


MM/017

Page 55, Para 4.56

Suggested modification

Amend paragraph 4.56:

"Settlement Development Limits enclose the built framework of settlements and determine the extent of the countryside beyond, by taking into account existing, committed and allocated development and land uses. Within Settlement Development Limits identified on the Proposals Map the principle of development is acceptable provided it is in line with Policy SS7: Development on Unallocated Land within Settlements with defined Settlement Development Limits. Outside of these main built up areas there are some smaller villages and hamlets identified within Level 4 of the settlement hierarchy which do not have a Settlement Development Limit and are considered to lie in the open countryside. Within these villagesbut where limited infill development may be appropriate in accordance with Policy SS9: Development in the Countryside and SS10: North East Derbyshire Green Belt; or where this is allocated by an adopted Neighbourhood Plan as set out in Policy SS8: Development in Small Villages and Hamlets or SS11 (Development in the Countryside)."

Reason for modification

To clarify the policies that will apply to infill development located outside of settlement boundaries.


MM/018

Page 56, Policy SS8

Suggested modification

Amend Policy SS8:

"Policy SS8: Development in Very Small Villages & Hamlets

  1. Within very small villages and hamlets (defined under level 4 in the Settlement Hierarchy at Table 4.1) development will be restricted to limited infill development in accordance with Policies SS9 and SS10, and development allocated byin an adopted Neighbourhood Plan.
  1. Such development should:
    1. be of a scale and type that is appropriate to the existing settlement and surrounding landscape character; and
    2. be of a design that is sympathetic to the existing built form.

respect the form, scale and character of the existing settlement and surrounding landscape, through careful siting, scale, design and use of materials."

Reason for modification

For clarity.


MM/019

Page 58, Policy SS9

Suggested modification

Amend Policy SS9:

"Policy SS9: Development in the Countryside

  1.  Development proposals in countryside locations outside the Settlement Development Limits will be approved where it can be demonstrated to fall within one or more of the following categories:

  1.  It involves a replacement building for the same use and is not significantly larger than the building it replaces;
  2.  It involves a change of use, or re-use of vacant, derelict or previously developed land the re-use of buildings and accords with policy SDC1;
  3.  It is necessary for the efficient or viable operation of agriculture, horticulture, forestry and other appropriate land based businesses, including the diversification of activities on an existing farm unit;
  4.  It involves small scale employment uses related to local farming, forestry, recreation, or tourism;
  5. It involves new visitor accommodation, or extensions to existing visitor accommodation in accordance with Policies WC5 & WC6;

e.f. It involves the change of use, re-use, limited infilling or the partial or complete redevelopment of vacant, derelict or previously developed landsites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the character of the countryside than the existing development;

g. It involves the use for a Traveller Site in accordance with Policy LC9;

f. It would secure the retention and/or enhancement of a community facility; h. It involves the provision, expansion, or improvement of social infrastructure and accords with policy ID4, or relates to a development which has a demonstrable community and/or social benefit; or

g.i. It is in accordance with the policies of an adopted Neighbourhood Plan.

  1.  In all cases, where development is considered acceptable, it will be required to respect the form, scale and character of the landscape, through careful siting, scale, design and use of materials.
  2.  Where development falls within the Green Belt the provisions of Policy SS10: North East Derbyshire Green Belt apply.
Reason for modification

For clarity and to ensure consistency with other policies of the plan.


MM/020

Page 61, Policy SS10

Suggested modification

Amend Policy SS10, delete footnote to criterion a. of part 2 & make any necessary changes to the Policies Map :

"Policy SS10: North East Derbyshire Green Belt

  1. Within the North East Derbyshire Green Belt as shown on the Policies Maps, inappropriate development will not be approved except in very special circumstances. and where the potential harm to the Green Belt is clearly outweighed by other material planning considerations.
  2. The construction of new buildings will be regarded as inappropriate development and will not be permitted. Exceptions to this, where they accord with other policies in the Plan are:
    1. Buildings necessaryfor the purposes of agriculture or forestry*; or
    2. Provision of appropriate facilities for outdoor sport, outdoor recreation, and for cemeteries, which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it; or
    3.  Limited eExtensions or alterations to a building provided that is does not result in disproportionate additions over and above the size of the original building; or
    4.  Replacement of a building provided the new building is in the same use and is not materially larger than the one it replaces; or
    5.  Limited affordable housing for local community needs in accordance with Policy LC3; or
    6.  Limited infilling or the partial or complete redevelopment of previously developed land which would not have a greater impact on the openness of the Green Belt and the purposes of including land within it than the current use.existing development.
  1.  Other forms of development which may be appropriate in the Green Belt, provided it preserves the openness of the Green Belt and does not conflict with its purposes include:
    1.  Mineral extraction,
    2.  Engineering operations,
    3.  Local transport infrastructure which can demonstrate a requirement for a Green Belt location,
    4.  The re-use or conversion of buildings which are of permanent and substantial construction, and
    5.  Development brought forward under a Community Right to Build Order.

*i.e where the development is necessary to support a genuine agricultural or forestry business where the majority of income is derived from the business"

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map'- PMC/MM/1/04; PMC/MM/1/05; PMC/MM/1/06; PMC/MM/1/07; PMC/MM/1/08; PMC/MM/1/09; PMC/MM/1/10; PMC/MM/1/11; PMC/MM/1/12; PMC/MM/1/13; PMC/MM/1/14; PMC/MM/1/15; PMC/MM/1/16; PMC/MM/1/17; PMC/MM/2/08; PMC/MM/2/09; PMC/MM/2/10; PMC/MM/2/14; PMC/MM/3/12.

Reason for modification

To remove onerous elements from the policy and bring it more closely in line with national guidance contained in the NPPF.

Correction of cartographical error/anomaly


MM/021

Page 63, Policy SS11

Suggested modification

Amend Policy SS11 & make any necessary changes to the Policies Map:

"Policy SS11: Local Settlement Gaps

  1.  Within those areas identified on the Policies Map as Local Settlement Gaps, development proposals will be permitted where they:
    1.  Maintain the functionality and undeveloped character of the Local Settlement Gap; such as:
      1.  Small scale agricultural development or appropriate rural development
      2.  Proposals which seek to improve the environmental value and permanence of the Local Settlement Gap whilst maintaining its undeveloped character; or
      3.  Proposals for the use of land for outdoor recreational or community uses which maintain a predominantly undeveloped character of the land.
    1.  PreventDo not result in the effective coalescence of historically distinct settlements; and
    2.  PreventDo not result in the erosion of existing settlement separation and identity enabled by the generallycreated by the undeveloped character of those spaces;.

Unless the benefits of the proposals would significantly and demonstrably outweigh the adverse impacts on Local Settlement Gap functionality."

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map'– PMC/MM/3/11; PMC/MM/4/08; PMC/MM/5/05.

Reason for modification

For clarity and to remove unnecessary references to examples and to the planning balance.


MM/022

Page 64, Figure 4.5: Key Diagram

Suggested modification

Update and replace the Key Diagram (Figure 4.5):

See Annex 2 to the Schedule of proposed Main Modifications.

Reason for modification

To reflect changes to boundaries arising from modifications in the plan


Chapter 5: Living Communities


MM/023

Page 65, Para 5.3

Suggested modification

Amend paragraph 5.3, last sentence

"Policy SS2: Spatial Strategy and the Distribution of Development in Chapter 4 sets out that the Local Plan will make provision for the delivery of a minimum of 6,600 dwellings over the period 2014-2034 (330 dwellings per annum), of which 50323523 are allocated in the Plan."

Reason for modification

Updated in response to new monitoring data.


MM/024

Page 65, Footnote 10

Suggested modification

Amend footnote 10:

"459673 dwellings have been completed on small sites between 2011 and 2017 2020."

Reason for modification

Update in response to new monitoring data.


MM/025

Page 66, Para 5.9

Suggested modification

Amend paragraph 5.9 & delete footnote 11:

"Between 2014 and 2017 there has been a very slight under-delivery of 15 dwellings²From the start of the Plan Period, there has been no significant underdelivery in relation to the Government's Housing Delivery Test and therefore the housing trajectory in Appendix C has sought to ensureincludes a 205% buffer within the first five years after adoption. If in future monitoring years, the Housing Delivery Test indicates that there is significant under delivery over the previous three years (below 85% of the requirement)the last three years rolling average net completions (as required for the Housing Delivery Test) exceed the housing requirement, the buffer should be increasedreduced to 520% in the five year housing land supply calculations. However, if it becomes clear that a five year supply of deliverable sites does not continue to be significantly available in each of the three years, the allocations in the Plan will be reviewed.Where the Housing Delivery Test indicates that the delivery of housing was substantially below (less than 75% of) the housing requirement over the previous three years, or in situations where it is anticipated that the Council cannot demonstrate a rolling five year housing land supply, a review of the Local Plan, in whole or in part, will be triggered.

11 975 dwellings have been completed whereas the requirement for the same period was 990 dwellings"

Reason for modification

To reflect the latest monitoring and Government guidance


MM/026

Page 66-68, Policy LC1

Suggested modification

Amend Policy LC1, add new footnote and make consequential changes to the Policies Map:

"POLICY LC1: Housing Allocations

The following sites are allocated on the Policies Map for housing to deliver the housing land requirement set out in policy SS2: Spatial Strategy and the Distribution of Development:

Site

Approx Capacity within Plan Period*

Other policy requirement (not an exhaustive list)

Clay Cross



SS4. Former Biwaters Strategic Site

825 730

SS4

CC1. Land at Stretton Road, Clay Cross

120

ID2, SDC4, SDC14

CC2. Land north of Clay Lane, Clay Cross

25

ID3, SDC3, SDC4, SDC11, SDC14

CC3. Land off Holmgate Road, Clay Cross

15

ID7ID8

CC4. Land at Broadleys, Clay Cross

10

ID3, SDC4, SDC5

Dronfield



DR1. Land off Shakespeare Crescent & Sheffield Chesterfield Road, Dronfield

235160

ID2, ID3, ID6ID7, SDC2, SDC3

DR2. Land North of Eckington Road, Coal Aston, Dronfield

200

ID2, SDC2, SDC3, SDC4, SDC5, SDC14

DR3DR2. Land at Stubley Lane, Stubley, Dronfield

40

ID2, ID3, SDC2, SDC4

Eckington



EC1. Eckington South

400

ID3, SDC3, SDC4, SDC14

EC1. Bradley Lomas Electrolok Ltd, Church Street, Eckington

20


EC2. Land at Staveley Lane, Eckington

9039


EC3. Bradley Lomas Electrolok Ltd, Church Street, Eckington

28


Killamarsh



KL1. Land at Westhorpe, Killamarsh

330

ID3, SDC3, SDC4, SDC14

KL2. Land off Rotherham Road, Killamarsh

70

ID3, SDC14

KL3. Land off Primrose Lane, Killamarsh

30

ID8ID9

KL4. Land at 2830 Ashley Lane, Killamarsh

14


KL5. The Old Station, Station Road, Killamarsh

1413


KL6. Land off Boiley Lane, Killamarsh

1311


Calow



CA1. Land at Churchmeadows, Calow

47

SDC4

CA2. Land at Top Road, Calow

20


Grassmoor



GR1. Land at Windwhistle Farm, Grassmoor

12736


Holmewood



HO1. Land to the West of Chesterfield Road, Holmewoood

225

SDC3, SDC12

HO2. Allotments at Hunloke Road, Holmewood

13512


HO3. Land South of 205 Chesterfield Road, Holmewood

5040


HO4. Land between 205 and 235 Chesterfield Road, Holmewood

1514


HO5. Land West of 20 Maesfield Avenue, Holmewood

10


Morton



MO1. Land North of Stretton Road, Morton

80100

ID3, ID6ID7, SDC3, SDC14

North Wingfield



NW1. Land at Croft House, North Wingfield

22


NW2. Land at Holborn House, Chesterfield Road, North Wingfield

50


Pilsley



PI1. Land North of Hallgate Lane, Pilsley

8587

SDC12

Shirland



SH1. Land at Hallfieldgate Lane, Shirland

9265


SH2. Land North of Park Lane, Shirland

40

ID3, SDC4, SDC14

Stonebroom



ST1. Land to the rear of 21-55 Kingsley Crescent, Stonebroom

30


ST2. ST1. Land to the rear of 14A to 54 High Street, Stonebroom

35

ID3, SDC4

Tupton



TU1. Land at Ankerbold Road, Tupton

215203

ID3, SDC4, SDC14

TU2. Land to the Rear of 10 to 52, Ashover Road, Old Tupton

686


TU3. Land South of Sunningdale Park, Tupton

4642


Wingerworth



SS3. The Avenue Strategic Site

716688

SS3

WW1. Land at Hanging Banks, Wingerworth

250176


WW2. Land South of Mill Lane, Wingerworth

21580


TOTAL DWELLINGS

50323523


In order to off-set the effect of removing land from the Green Belt at allocation sites DR1, DR2, DR3, EC1, KL1 and KL2, compensatory improvements to the environmental quality or accessibility of the remaining Green Belt land will be required where appropriate.

*Remaining capacity at adoption of the Local Plan"

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map'– PMC/MM/2/02; PMC/MM/2/03; PMC/MM/2/04; PMC/MM/2/11; PMC/MM/2/12; PMC/MM/3/07; PMC/MM/4/02; PMC/MM/4/04; PMC/MM/4/05; PMC/MM/5/03; PMC/MM/5/04.

Reason for modification

To reflect the latest 2020 monitoring and to clarify that capacity figures relate to remaining capacity on a site, not the full capacity.


MM/027

Page 69, Para 5.12

Suggested modification

Amend paragraph 5.12, first sentence:

"This site is located in the south of Clay Cross, is approximately 4.35 hectares in size and is expected to deliver approximately 120 dwellings towards the end of the Plan Periodwithin the first ten years after adoption of the Local Plan…"

Reason for modification

To reflect the latest monitoring


MM/028

Page 69, Para 5.14

Suggested modification

Amend paragraph 5.14, first sentence:

"This site is located in the south-west of Clay Cross, is approximately 1.42 hectares in size and is expected to deliver approximately 25 dwellings within the first fiveten years after adoption of the Local Plan..."

Reason for modification

To reflect the latest monitoring


MM/029

Page 69, Para 5.16

Suggested modification

Amend paragraph 5.16:

"This site is located to the west of Clay Cross, near Holmgate, is approximately 0.58 hectares in size and is expected to deliver 15 dwellings within the first five years after adoption of the Local Plantowards the end of the Plan Period. The site has outline planning permission for 15 dwellings. The proposed Greenway running through the site will need to be accompanied within the design scheme of the development."

Reason for modification

To reflect the latest monitoring


MM/030

Page 70, Para 5.18

Suggested modification

Amend paragraph 5.18:

"DR1. Land off Shakespeare Crescent & ChesterfieldSheffield Road, Dronfield

This site is located to the south east of Dronfield, is approximately 9.876.52 hectares in size and is expected to deliver approximately 235160 dwellings. The majority is expected to be built within the first ten years after adoption of the Local Plan. The site has a considerable sloping gradient down to Chesterfield Road, as well as a difference in levels between the site and the Highway. This would need to be given consideration in the layout and design of a development proposal. Green infrastructure should be provided to help new development integrate into the landscape. There are also trees protected by TPO No 7 along the north-western and western boundary of the site and in the southwest of the site. These would need toshould be retained within the layout of the development in line with policy SDC2. Any site layout should incorporate appropriate provision for the public right of way which is within the site area."

Reason for modification

For clarity and to reflect changes to the allocated area.


MM/031

Page 70, Para 5.20 – 5.23

Suggested modification

Delete paragraphs 5.20 to 5.23 & sub-heading:

"DR2. Land north of Eckington Road, Coal Aston, Dronfield

5.20 This site is located to the north of Coal Aston, Dronfield, is approximately 10.35 hectares in size and is expected to deliver approximately 200 dwellings within the first ten years after adoption of the Local Plan. The site is located in close proximity to the Moss Valley Woods SSSI and is within the Moss Valley Conservation Area. Any impacts from the development proposal on these assets should be considered. The site is visually open and offers long distance views across the countryside to the north. The potential loss of these views should be mitigated by the sensitive design and layout of the development, which emphasises permeability and facilitates intermittent views through the new development.

5.21 Furthermore, the south and north-eastern part of the site lies within an area that has been defined by the Coal Authority as high risk, containing potential hazards arising from former coal mining activity. A Coal Mining Assessment would need to be carried out.

5.22 In line with policy ID2, development will be required to provide or contribute towards improvements to key road junctions to support growth at Dronfield including the B6057 Chesterfield Road / B6158 Green Lane / Callywhite Lane, and A61 Bowshaw Roundabout, where justified.

5.23 In order to off-set the effect of removing this land from the Green Belt, compensatory improvements to the environmental quality or accessibility of the remaining Green Belt land will be required where appropriate. Impact on the nearby SSSI and Ancient Woodland should be avoided."

Reason for modification

To reflect the removal of the allocated site.


MM/032

Page 71, Para 5.24

Suggested modification

Amend paragraph 5.24 & sub-heading:

"DR3.DR2. Land at Stubley Lane, Stubley Hollow, Dronfield

This site is located to the north of Dronfield, is approximately 1.18 hectares in size and is expected to deliver approximately 40 dwellings within the first fiveten years after adoption of the Local Plan. Options for the creation of suitable highway access need to be assessed. The site may also have potential ecological constraints which would need to be assessed."

Reason for modification

To clarify the trajectory and align the allocation reference numbers


MM/033

Page 71, Para 5.27 – 5.29

Suggested modification

Delete paragraphs 5.27 to 5.29 & sub-heading:

"EC1. Eckington South

5.27 This site is located to the south west of Eckington, is approximately 18.20 hectares in size and is expected to deliver approximately 400 dwellings. The majority is expected to be built within years 3 to 15 after adoption of the Local Plan. A development proposal for this site would need to show that satisfactory highway access can be achieved and that the nearby highway network has sufficient capacity for this scale of development, or that improvement works can be carried out.

5.28 The site also has some sensitive ecological features along the southern boundary which would need to be addressed and a suitable buffer created. Potential impacts on long distance views into the countryside to the south should also be mitigated. Furthermore, the site partially lies within an area that has been defined by the Coal Authority as high risk, containing potential hazards arising from former coal mining activity. A Coal Mining Assessment would need to be carried out.

5.29 In order to off-set the effect of removing this land from the Green Belt, compensatory improvements to the environmental quality or accessibility of the remaining Green Belt land will be required where appropriate."

Reason for modification

To reflect the removal of the allocated site.


MM/034

Page 71, Para 5.30

Suggested modification

Amend paragraph 5.30:

"This site is located to the south of Eckington, is approximately 4.664.21 hectares in size and is expected to deliver a further 3990 dwellings within the first five years. The site has planning permission and is currently under construction. has started"

Reason for modification

To reflect the latest 2020 monitoring and correct the site size.


MM/035

Page 72, Para 5.31

Suggested modification

Amend paragraph 5.31 & sub-heading, and move the text in front of housing allocation site EC2:

"EC3,EC1. Bradley Lomas Electrolok Ltd, Church Street, Eckington

This site is located within the north east of Eckington, is approximately 1.3 hectares in size and is expected to deliver 2820 dwellings within the first five years. The site has outline planning permission."

Reason for modification

To reflect the latest monitoring and align reference numbering


MM/036

Page 72, Para 5.32

Suggested modification

Amend paragraph 5.32, second sentence:

"..The majority is expected to be built within the first 10 years after adoption of the Local Planby the end of the Plan Period."

Reason for modification

To clarify the trajectory


MM/037

Page 73, Para 5.38

Suggested modification

Amend paragraph 5.38 & sub-heading:

"KL4. Land at 2830 Ashley Lane, Killamarsh

This site is located within the east of Killamarsh, is approximately 0.47 hectares in size and is expected to deliver 14 dwellings towards the end of the Plan Periodwithin the first five years after adoption of the Local Plan."

Reason for modification

To reflect the latest monitoring and correct the allocation title


MM/038

Page 73, Para 5.39

Suggested modification

Amend paragraph 5.39:

"This site is located within the east of Killamarsh, is approximately 0.43 hectares in size and is expected to deliver 1413 dwellings within the first five years after adoption of the Local Plan. The site has planning permission and is currently under constructiona start has been made on site."

Reason for modification

To reflect the latest monitoring


MM/039

Page 73, Para 5.40

Suggested modification

Amend paragraph 5.40:

"This site is located to the south of Killamarsh, is approximately 0.53 hectares in size and is expected to deliver a further 1113 dwellings within the first five years after adoption of the Local Plan. The site has planning permission for 1413 dwellings and is currently under construction."

Reason for modification

The reflect the latest monitoring and correct the planning permission details


MM/040

Page 73, Para 5.41

Suggested modification

Amend paragraph 5.41:

"This site is located to the west of Calow, is approximately 1.75 hectares in size and is expected to deliver 47 dwellings within the first fiveten years after adoption of the Local Plan. A large part of the site is also designated as a Local Wildlife Site. However it is considered difficult to attribute significant weight to the protection of the site as a designated site when the grassland species for which it merits this status has been repeatedly ploughed up. This resulted in a resolution to grantThe site has outline planning permission for 47 dwellings, subject to the signing of the S106 agreement."

Reason for modification

To reflect the latest monitoring


MM/041

Page 73, Para 5.42

Suggested modification

Delete paragraph 5.42 & sub-heading:

"CA2. Land at Top Road, Calow

This site is located to the east of Calow, is approximately 1.08 hectares in size and is expected to deliver 20 dwellings within the first five years. The site has planning permission and is currently under construction. "

Reason for modification

To reflect that the site has been completed.


MM/042

Page 73, Para 5.43

Suggested modification

Amend paragraph 5.43:

"This site is located to the south east of Grassmoor, is approximately 6.82 hectares in size and is expected to deliver a further 12736 dwellings within the first five years. The site has planning permission for 159163 dwellings and is currently under construction."

Reason for modification

To reflect the latest 2020 monitoring and correct the planning permission reference


MM/043

Page 73-74, Para 5.44

Suggested modification

Amend paragraph 5.44, first and second sentences:

"This site is located to the west of Holmewood, is approximately 19.80 hectares in size and is expected to deliver approximately 575540 dwellings in total. However, it is anticipated that only 225 of these will come forward within the Plan Period, with the remaining 350315 dwellings post Plan period…"

Reason for modification

To reflect the latest monitoring


MM/044

Page 74, Para 5.45

Suggested modification

Amend paragraph 5.45:

"This site is located in the centre of Holmewood, is approximately 5.86 hectares in size and is expected to deliver a further 13512 dwellings within the first five years. The site has planning permission for 160188 dwellings, resolution to grant planning permission for a further 52 dwellings, and is currently under construction."

Reason for modification

To reflect the latest monitoring


MM/045

Page 74, Para 5.46

Suggested modification

Amend paragraph 5.46:

"This site is located to the north west of Holmewood, is approximately 1.74 hectares in size and is expected to deliver 5040 dwellings within the first five years after adoption of the Local Plan. The site has planning permission."

Reason for modification

To reflect the latest monitoring


MM/046

Page 74, Para 5.47

Suggested modification

Amend paragraph 5.47:

"This site is located to the north west of Holmewood, is approximately 0.49 hectares in size and is expected to deliver 1514 dwellings within the first five years after adoption of the Local Plan. The site has outline planning permission."

Reason for modification

To reflect the latest monitoring


MM/047

Page 74, Para 5.48

Suggested modification

Delete paragraph 5.48 & sub-heading:

"HO5. Land West of 20 Masefield Avenue, Holmewood

This site is located in the centre of Holmewood, is approximately 0.43 hectares in size and is expected to deliver 10 dwellings within the first five years. The site has planning permission and is currently under construction."

Reason for modification

To reflect that the site has been completed.


MM/048

Page 74, Para 5.49 – 5.50

Suggested modification

Amend paragraphs 5.49 and 5.50:

"This site is located to the north west of Morton, is approximately 3.81 hectares in size and is expected to deliver approximately 80100 dwellings within the first five years after adoption of the Local Plan. A development proposal for this site would need to show that satisfactory highway access can be achieved and that the nearby highway network has sufficient capacity for this scale of development, or that improvement works can be carried out. Furthermore, the site lies within an area that has been defined by the Coal Authority as high risk, containing potential hazards arising from former coal mining activity. A Coal Mining Assessment would need to be carried out.The site has outline planning permission.

Potential impacts on long distance views into the countryside to the west should also be mitigated by low density, single storey development. Significant green infrastructure should be provided to help new development integrate into the landscape."

Reason for modification

To reflect the latest monitoring


MM/049

Page 75, Para 5.51

Suggested modification

Delete North Wingfield Heading, NW1 sub-heading and paragraph 5.51:

"North Wingfield

NW1. Land at Croft House, North Wingfield

"This site is located in the centre of North Wingfield, is approximately 0.67 hectares in size and is expected to deliver 22 dwellings within the first five years. The site has planning permission"

Reason for modification

To reflect that the site has been completed and that no allocations are remaining in North Wingfield.


MM/050

Page 75, Para 5.52

Suggested modification

Delete paragraph 5.52 & sub-heading:

"NW2. Land at Holborn House, Chesterfield Road, North Wingfield

This site is located to the north east of North Wingfield, is approximately 1.3 hectares in size and is expected to deliver 50 dwellings within the first five years. The site has planning permission and is currently under construction"

Reason for modification

To reflect that the site has been completed.


MM/051

Page 75, Para 5.53

Suggested modification

Amend paragraph 5.53, first sentence:

"This site is located to the north of Pilsley, is approximately 3.11 hectares in size and is expected to deliver approximately 8587 dwellings within the first fiveten years after adoption of the Local Plan…"

Reason for modification

To reflect the latest monitoring and correct the planning permission reference


MM/052

Page 75, Para 5.54

Suggested modification

Amend paragraph 5.54:

"This site is located to the north of Hallfieldgate Lane, Shirland, is approximately 4.46 hectares in size and is expected to deliver approximately 90a further 65 dwellings within the first five years after adoption of the Local Plan. The site has planning permission for 90 dwellings and is currently under construction."

Reason for modification

To reflect the latest monitoring and correct the planning permission details


MM/053

Page 75, Para 5.55 – 5.56

Suggested modification

Amend paragraphs 5.55 and 5.56

"This site is located to the south east of Shirland, is approximately 1.43 hectares in size and is expected to deliver approximately 40 dwellings within the first fiveten years after adoption of the Local Plan. The site has outline planning permission.A development proposal for this site would need to show that satisfactory highway access can be achieved and that the nearby highway network has sufficient capacity for this scale of development, or that improvement works can be carried out.

The site may have potential ecological constraints which would need to be assessed. Furthermore, the site partially lies within an area that has been defined by the Coal Authority as high risk, containing potential hazards arising from former coal mining activity. A Coal Mining Assessment would need to be carried out. "

Reason for modification

To reflect the latest monitoring


MM/054

Page 75, Para 5.57

Suggested modification

Delete paragraph 5.57 & sub-heading:

"ST1. Land to the rear of 21-55 Kingsley Crescent, Stonebroom

This site is located to the south east of Stonebroom, is approximately 1.46 hectares in size and is expected to deliver 30 dwellings within the first five years. The site has planning permission and is currently under construction."

Reason for modification

To reflect that the site has been completed.


MM/055

Page 76, Para 5.58

Suggested modification

Amend the allocation reference number at paragraph 5.58:

"ST2ST1. Land to the rear of 14A to 54 High Street, Stonebroom"

Reason for modification

To align allocation reference numbering


MM/056

Page 76, Para 5.59-5.60

Suggested modification

Amend paragraphs 5.59 and 5.60:

"This site is located to the east of Tupton, is approximately 10.11 hectares in size and is expected to deliver approximately 215203 dwellings within the first ten years after adoption of the Local Plan. The eastern part of the site has planning permission for 1510 dwellings and the western part has planning permission for 193 dwellings.

A development proposal for this site would need to show that satisfactory highway access can be achieved and that the nearby highway network has sufficient capacity for this scale of development, or that improvement works can be carried out. The site may also have potential ecological constraints which would need to be assessed and any protected trees should be incorporated within the design of the development scheme. Furthermore, the site partially lies within an area that has been defined by the Coal Authority as high risk, containing potential hazards arising from former coal mining activity. A Coal Mining Assessment would need to be carried out."

Reason for modification

To reflect the latest monitoring


MM/057

Page 76, Para 5.61

Suggested modification

Amend paragraph 5.61:

"This site is located to the west of Old Tupton, is approximately 2.36 hectares in size and is expected to deliver 68a further 6 dwellings within the first five years after adoption of the Local Plan. The site has planning permission for 68 dwellings and is currently under construction."

Reason for modification

To reflect the latest monitoring


MM/058

Page 76, Para 5.62

Suggested modification

Amend paragraph 5.62:

"This site is located to the south of Sunningdale Park Tupton, is approximately 1.50 hectares in size and is expected to deliver 46a further 42 dwellings within the first ten years after adoption of the Local Plan. The southern part of the site has outline planning permission for 32 dwellings and full permission for 20 park homes, which would substitute part of the outline permission32 park homes and 2 houses. The northern part has planning permission for 14 dwellings and is currently under construction."

Reason for modification

To reflect the latest monitoring


MM/059

Page 77, Para 5.64

Suggested modification

Amend paragraph 5.64:

"This site is located to the south of Wingerworth and to west of the Adlington Estate, is approximately 10.79 hectares in size and is expected to deliver a 250a further 176 dwellings within the first ten years. The site has outline planning permission for 222 dwellings and is currently under construction."

Reason for modification

To reflect the latest monitoring


MM/060

Page 77, Para 5.65

Suggested modification

Amend paragraph 5.65:

"This site is located to the east of Wingerworth and the Adlington Estate, is approximately 8.94 hectares in size and is expected to deliver a further 21580 dwellings within the first tenfive years. The eastern part of the site has planning permission for 178160 dwellings and is currently under constructionhas been completed. There is a resolution to grant permission on theThe western part of the site has planning permission for 9580 dwellings and is currently under construction."

Reason for modification

To reflect the latest monitoring


MM/061

Page 77, Para 5.68

Suggested modification

Amend paragraph 5.68 and add new footnote:

"The Local Plan has been examined in light of the 2012 NPPF14, which defines aAffordable housing as includeesing social rented, affordable rented and intermediate housing (both for rent and sale), provided to eligible households whose needs are not met by the open market. Eligibility is determined with regard to local incomes and local house prices. Low cost market housing does not currently fall within the definition of Affordable Housing. However, the Housing White Paper, February 2017, suggests a change in definition, which includes Affordable Homes Ownership.

14 The 2019 NPPF includes a different definition of affordable housing. This will be addressed through a review of the Plan."

Reason for modification

To be consistent with the 2019 NPPF definition


MM/062

Page 78, Para 5.71

Suggested modification

Amend 2nd sentence of paragraph 5.71:

"This policy sets out a requirement to provide at least 30% affordable housing within the high value areas, and at least 20% in the remaining area of the District, as informed by the Whole Plan Viability Assessment 2018." .

Reason for modification

For clarity


MM/063

Page 78, Para 5.72

Suggested modification

Amend 4th sentence of paragraph 5.72:

"In applying affordable housing requirements, the Council will allow consideration of the development costs of the proposed development and the impact of this on the viability of any proposed scheme. In circumstances where the viability of the scheme is in question, the applicant will need to demonstrate, through an 'open book' procedure, that the required percentage of affordable housing would not be achievable. Should the Council be satisfied, a lower percentage of affordable housing will be negotiated. In such circumstances, and where tThe delivery of affordable housing on larger development sites may extend over a long period, within which market conditions may vary. A, a re-assessment of affordable housing provision on the site may be required in line with an agreed phasing plan. The requirement would not however, extend above the percentages set out in Policy LC2."

Reason for modification

For clarity


MM/064

Page 79, Policy LC2

Suggested modification

Amend Policy LC2:

"POLICY LC2: Affordable Housing

  1. Within the high value areas identified on the Policies Map, allAll new housing proposals offor 10 or more dwellings, or with a site area of 0.5 hectares or more within the high value areas, as identified on the Policies Map, will be required to provide at least 30% affordable housing.
  1. In the remaining areas of the District allAll new housing proposals for more than 10 or more dwellings, or with a site area of 0.5 hectares or more,in the remaining areas of the District will be required to provide at least 20% affordable housing.
  1. An agreed mix of affordable housing tenures will be determined through local evidence of housing need at the time of granting planning permission. The affordable housing should be provided in a tenure neutral way, in small groups or clusters distributed through the site. Sub-dividing a site or building so that the minimum threshold is not crossed is not permitted.

4. The provision of affordable housing may be varied where:

b. 4. Where iIt can be demonstrated that it is not possible or appropriate to build affordable housing on-site, in which case the development willmay provide a financial contribution towards the future provision of affordable housing of 'broadly equivalent value' to that which would have been provided on-site.

5. The provision of affordable housing may be varied where

a. It it can be demonstrated that the level of affordable housing sought would make athe development unviable in light of changing market conditions, individual site circumstances and development costs. In circumstances where the viability of the scheme is in question, the applicant will need to demonstrate, through an 'open book' procedureapproach, that the required percentage of affordable housing would not be achievable. ShouldProvided that the Council beis satisfied with the level of viabilityevidence provided, a lower provision may be negotiated;. In such circumstances, and where the delivery of the site may extend over a long period, a re-assessment of affordable housing will be required in line with an agreed phasing plan.

c. The delivery of all dwellings on site would extend over a long period, within which market conditions may vary."

Reason for modification

Policy amended and rearranged for clarity.


MM/065

Page 83, Para 5.88

Suggested modification

Amend 3rd sentence of paragraph 5.88:

"The Council will seek to ensure that the housing needs of older people and people with disabilities are met, across tenure, and that these groups are not restricted in their choice of housing. This can include level access dwellings, sheltered housing or extra care schemes, nursing homes and residential facilities. Due to the high need for specialist housing for older people, the Council would, as an exception, allow for specialist housing in countryside locations. Proposals for specialist housing which would not meet any of the categories set out in Policy SS9 would be allowed if they meet the criteria in Policy LC4(2)."

Reason for modification

For clarity.


MM/066

Page 84, Policy LC4

Suggested modification

Amend Policy LC4:

"POLICY LC4: Type and Mix of Housing

  1.  Mix of housing
    Development proposals for new housing should seek to ensure an appropriate mix of dwelling types, tenures and sizes, taking account of existing imbalances in the housing stock, site characteristics, and viability and market considerations.
  2.  Specialist Housing
    The Council will support the provision of housing for older people and specialist housing provision, across all tenures, including level access dwellings, sheltered housing or extra care schemes, nursing homes and residential facilities, in appropriate locations, close to services and facilities. Development proposals for specialist housing in the countrysidewhich would be contrary to Policy SS9 (Development in the Countryside) will be permitted where there is an identified need and where they have a close association with the built up part of settlements within levels 1 to 3 of the settlement hierarchy or neighbouring authority areas; and are modest in scale, in keeping with the form and character of the settlement, and local landscape setting.
  3.  Accessible and aAdaptable hHomes
    Development proposals offor 10 or more dwellings should provide 20% accessible and adaptable dwellings. These accessible and adaptable dwellings should meet requirement M4(2) of the Building Regulations 2015 or any subsequent government standard.
  4. Self and Custom Build Homes
    The inclusiondevelopmentof self and custom build dwellings will be encouraged, in line with Council's Self and Custom Build Register."
Reason for modification

For clarity and correction -identified in the Council's Matter 11 Hearing Statement, paragraph 11.4.9


MM/067

Page 86, Policy LC6

Suggested modification

Amend Policy LC6:

"POLICY LC6: Agricultural, Forestry and Other Occupational Dwellings in the Countryside

1. Planning permission for a new dwelling in the countryside based upon the essential needs of rural businesses shall be permitted where all of the following criteria are met:

  1. an independent appraisal is submitted with the application demonstrating that there is a functional need for the proposed dwelling which cannot be met by existing suitable accommodation available in the area, or by rearranging duties and responsibilities between workers;
  2. the size of the proposed dwelling is appropriate to its functional need;
  3. a financial test is submitted to demonstrate the viability of the business proposed or as proposed to be expanded;
  4. the dwelling cannot be provided by adapting or converting an existing building on the holding;
  5. the proposed dwelling is located on the holding;
  6. the proposed dwelling does not involve replacing a dwelling disposed of as general market housing;
  7. the design of the proposed dwelling is in keeping with the landscape character type and appearance of the countryside; and
  8. occupancy is limited by way of a planning condition or obligation.

2. Any proposal for an occupational dwelling shall be subject to planning obligations to tie the dwellings to the adjacent land and buildings to prevent then being sold separately."

Reason for modification

For clarity.


MM/068

Page 88, Para 5.103, footnote 15

Suggested modification

Amend first and last sentence of paragraph 5.103 and footnote 15 and insert a new footnote 16:

"The estimated need for Gypsies, Travellers, and Travelling Showpeople in North East Derbyshire is set out in the Gypsyies and Travellers Accommodation Assessment (GTAA)15, a study prepared jointly with neighbouring local authorities. It sets out a requirement for 15 additional pitches16 between 2014-2034; of these, 6 will be needed between 2014-2019, with 3 for each five-year period to 2034. The needs assessmentevidence recommends smaller, family-sized sites with 3 to 4 pitches(i.e one or two pitches) to accommodate single or extended family groupings with good access to the strategic road network, services and facilities."

Amend footnote 15:

"15Derbyshire Peak District and East Staffordshire Gypsies & Travellers Accommodation Assessment 2014Derby, Derbyshire, Peak District National Park Authority and East Staffordshire Gypsy and Traveller Accommodation Assessment 2014, Final Report, June 2015"

Insert new footnote 16:

"GTAA pitch definition: A pitch size of at least 500sqm would accommodate the following on-pitch facilities:

Hard standing for 1 touring/mobile caravan and 1 static caravan

2 car parking spaces

1 amenity block

Hard standing for storage shed and drying

Garden/amenity area"

Reason for modification

Correction and for clarity.


MM/069

Page 88, Para 5.104

Suggested modification

Amend paragraph 5.104 and insert new sub-title before:

"Allocation of Traveller Sites

Land ownership and owners' intentions are critical to identifying deliverable sites. Experience in the District and feedback from the Derbyshire Gypsy Liaison Group (DGLG) confirm that potential, viable and available traveller sites are generally identified from within the traveller community or on public land. The viability of site development is also problematic without subsidy or a commitment from the land owner.owner's commitment. For theseis reasons the pool of potential sites is limited. Council-owned land (including Derbyshire County Council) has been the focus of a search for potential sites. In addition opportunities to increase capacity at or adjoining existing Gypsy, Traveller and Showpeople sites have been investigated."

Reason for modification

Update and for clarity


MM/070

Page 88, Para 5.105

Suggested modification

Amend paragraph 5.105

"Discussions The Council in consultation with the Derbyshire Gypsy Liaison Group (DGLG) havehas explored the suitability of potential sites and general locations from the traveller community's perspective. Of the sites subjected to detailed assessment, some were put forward by the traveller community and others were identified following a review of Council-owned land (including Derbyshire County Council). In addition, opportunities to increase capacity at or adjoining existing Traveller sites have been investigated.Sites have been suggested by the DGLG and taken forward for more detailed assessment on the basis that ownership and availability are established. Discussion with the DGLG and recent experience indicates potential, viable and available traveller sites are mostly identified from within the traveller community."

Reason for modification

Update and for clarity.


MM/071

Page 88, Para 5.106

Suggested modification

Amend paragraph 5.106:

"To date, no suitable travellers' sites have come forward which would allow the council to propose site allocations. Work on identifying potential sites is continuing and may bring forward sites in public or private ownership. Should this work identify suitable sites, Policy LC9 is intended to accommodate this.Policy LC8 of the Plan allocates two traveller sites, a brief description of these sites is given below."

Reason for modification

Update to reflect new site allocations


MM/072

Page 88, Para Before 5.107

Suggested modification

Insert new paragraphs & sub-headings before paragraph 5.107:

"The Old Potato Store, Dark Lane, Calow:

This site is located to the south of Calow and is expected to deliver 2 pitches. The allocation would be an extension to the existing traveller site at Dark Lane and is expected to be developed within the first five years after adoption of the Local Plan. The following mitigation measures will need to be addressed through the planning application process:

  • Measures to identify and address the risk of surface water flooding from the site;
  • Additional screening along site boundaries is required to minimise impacts on adjoining residential properties;
  • No commercial activities on the site to minimise impacts on adjoining residential properties;
  • Careful design and layout of pitches due to the presence of high voltage overhead cables; and
  • Improved visibility splays at the access..

Dark Lane, North Wingfield:

The site is situated to the east of North Wingfield in close proximity to the edge of the settlement. The site lies opposite an existing traveller site and is expected to deliver 3 pitches. It is expected to be developed within the first five years after adoption of the Local Plan. The following mitigation measures will need to be addressed through the planning application process:

  • Improvements to the existing access track including the provision of passing places;
  • Surface water runoff from the site to be addressed to protect a brook to the east of the site;
  • A bat assessment to be undertaken if the existing buildings are to be demolished or renovated;
  • If the hedgerows bordering the site are likely to be adversely affected a survey should be undertaken and measures identified to minimise any adverse impact;
  • A Phase 1 extended habitat survey may be required to ensure that no protected species or habitats are affected; and
  • A Phase 1 contaminated land assessment should be undertaken due to potential risks arising from any contamination that may be present."
Reason for modification

Update to reflect new site allocations


MM/073

Page 88, Para Before 5.107

Suggested modification

Insert new Policy LC8: Allocation of Traveller Sites and make consequential changes to the Policies Map:

"POLICY LC8: Allocation of Traveller Sites

  1. The following sites are allocated for Traveller Sites as shown on the Policies Map to provide towards the requirement as established in the current Gypsy and Traveller Accommodation Assessment:

Site:

Expected pitch provision:

a. The Old Potato Store, Dark Lane, Calow

2

b. Dark Lane, North Wingfield

3

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map'– PMC/MM/3/01; PMC/MM/3/08; PMC/MM/4/01; PMC/MM/4/06.

Reason for modification

Update to reflect new site allocations


MM/074

Page 88-89, Para 5.107- 5.108

Suggested modification

Amend paragraph 5.107 and insert new sub-title before, add new paragraphs, and amend paragraph 5.108.

"Provision for Traveller Sites

Policy LC8 of the Plan allocates two traveller sites with a combined capacity for 5 pitches. Whilst this does not meet the full requirement for traveller sites established by the GTAA tThere is a recognition of the difficulties in identifying specific deliverable sites and also the recommendations in National Policy Guidance. The Council will also therefore, rely on a positive criteria based policy as set out in Policy LC9: 'Provision for Traveller Sites' to meet the full identified needs.Local Plan policy LC8 intends to increase the opportunity, where need can be demonstrated, for small-scale traveller sites within the countryside, with clearly set out criteria. In addition, proposals which are for the re-development or re-use of redundant uses will be encouraged.

Where development proposals for traveller sites are in countryside locations, i.e. outside the Settlement Development Limits, Policy LC9 should be read in conjunction with Policy SS9: Development in the Countryside, which clarifies that such uses are acceptable in principle. This however, is provided they are not located in the open countryside away from an existing settlement or in Green Belt locations as indicated in the PPTS (paragraphs 24 & 25) and addressed in paragraph 3 of Policy SS9.

In terms of accessibility to local amenities and services including schools, shops, health services, public transport and other community facilities, the Council considers that the quality of the surrounding road network plays an important role. The Council will consider development proposals to be 'reasonably accessible' where the existing road network is appropriate for caravans in terms of road width and for walkers and cyclists in terms of pavements, road lighting, etc.

The effect of proposals on the amenity of occupiers of dwellings in the vicinity of the site will be addressed through Policy SDC13: Environmental Quality.

In assessing a development proposal, the Council will also consider the location of a new or extended traveller site in relation to the settled community. Regardless of the proposal's location within or outside a Settlement (with or without a Settlement Development Limit), the scale of the proposal in terms of area will be considered in relation to the nearest settled community or surrounding built-up area.

Proposals for traveller provision will need to be considered against other policies on the plan, including those aimed at achieving sustainable patterns and forms of development (Chapter 8).

Where traveller sites are to be allocated or permission is sought for new or extended sites consideration will be given to measures to mitigate the impact of the proposal in order to overcome any issues that might otherwise preventmitigate against that use of the site. This process may include consultation with the travelling community, discussion with applicants and community representatives and solutions may includeeing legal agreements (for example relating to access arrangements or limits on activities)."

Reason for modification

For clarity and and consistency and to avoid duplication with other policies.


MM/075

Page 89, Policy LC8

Suggested modification

Amend Policy LC8 and re-number:

"POLICY LC89: Provision for Traveller Sites

  1. Sites to meet the accommodation needs of gypsies, travellers, or travelling show people as assessed through the current Gypsy and Traveller Accommodation Assessment (or its replacement) will be encouraged.The Council will seek to ensure the provision of further sufficient pitches within the District to meet the full accommodation needs of gypsies and travellers as assessed through the current Gypsy and Traveller Accommodation Assessment (or its replacement).
  2.  Development proposals which would otherwise be contrary to Policy SS9 (Development in the Countryside) will be granted for sites for travellers including gypsies and travelling show people where the proposed development:
    1. Is in keeping with the local landscape setting and the form and character of any nearby settlement
    1. Is reasonably accessible to local amenities and services including schools, shops, health services, public transport and other community facilities;
    2. Provides adequate space for adequate on-site facilities, including storage, in particular for equipment for Travelling Showpeople and, where appropriate, mixed use yards to allow for on-site business use; and
    3. Would not cause unacceptable nuisance to existing neighbours by virtue of noise and other disturbance caused by on-site business activity or the movement of vehicles to and from the site;and
    1. Is reasonable in scale in relation to the nearest settled community or surrounding built-up area.
    2. Will only be for the accommodation of travellers (as defined in National Planning Guidance) in perpetuity.
  1. In the case that the provision of traveller sites has achieved the level recommended by the Gypsy and Traveller Accommodation Assessment, or the proposal is for a site of more than 5 pitches, then sufficient need will have to be demonstrated through an independent assessment."
Reason for modification

For clarity and and consistency and to avoid duplication with other policies.


Chapter 6: Working Communities and Economic Development


MM/076

Page 91, Para 6.2

Suggested modification

Amend 1st sentence of paragraph 6.2:

"The Plan provides for 46.44hasets a target of 43 hectares (ha) of employment land including that within the strategic sites identified in Chapter 4: Spatial Strategy. Existing employment sites will be protected for such uses, with some safeguarded principally for B1 B2,and B8 and E(g) uses, under Policy WC2reflecting the importance of the industrial sector to the District's economy. In general non-employment uses on protected employment sites will not be allowed. Town centre uses will be encouraged in town centres, and elsewhere only where it would support the economic, community, and social role of town centres. In rural areas policies will support small-scale development aimed at diversification of the economy. It is also recognised that development can benefit the local labour market and economy, by raising skills and supporting the local workforce. Measures can be attached to planning permissions through local labour agreements to help deliver a wide range assistance, including vocational opportunities and apprenticeships, work placements and childcare. Policy SS1 allows for such agreements in support of the local economy."

Reason for modification

For clarity.


MM/077

Page 93, Para 6.13

Suggested modification

Amend paragraph 6.13:

"An employment land provision, of around 4142.66ha was recommended by the 2017 Employment Land Update. This would allow for the significant (20ha) anticipated losses of existing employment land but still provide for this overall employment land increase. It would also allowed for a small flexibility margin of 3.9 ha which is equivalent to 2 year's supply. This figure reflects the forecast related to the 'Regeneration' scenario[13]. Chapter 4 describes how this level of employment land is aligned with the housing provision in the Plan. This recommended figure (rounded to 43 ha) is being used as the starting point for establishing the employment land provision."

Reason for modification

For clarity.


MM/078

Page 93, Para 6.14

Suggested modification

Amend paragraph 6.14:

"Take-up for the period 2014-17 has provided an increase of 3.49ha and losses of 0.81 ha, giving a net change of 2.68ha.

Updating the 2014-34 requirement to 2017 means accounting for take-up of 3.49ha, and losses of 0.81 ha, giving a revised 2017 Plan recommended range of 25.3 – 38.3 ha."

Reason for modification

For clarity


MM/079

Page 94, Para 6.16 and Table 6.1

Suggested modification

Delete paragraph 6.16 and Table 6.1:

"Table 6.1 below represents the employment land availability in 2017."

"Table 6.1 – Employment Land Availability (April 2017)

Site

Area still available at April 2017 (ha)

Comments/ Notes

Sites with development ongoing

Coney Green, Clay Cross

9.03

Area developed since 2014 includes 2 sites u/c.

Derby Road, Upper Mantle Close, Clay Cross

0.89

One plot remaining (DCC ownership).

Westhorpe Business Centre, Killamarsh

0.35

Remaining plot undeveloped

MEGZ (West of M1), Long Duckmanton

4.70

2005 Local Plan Allocation, remaining part of an implemented (cross-district) permission.

MEGZ (Part of former Coalite land, Chesterfield Road), Long Duckmanton

1.25

2005 Local Plan Allocation, remaining part of an implemented (cross-district) permission.

Renishaw Industrial Estate (inc. Ravenshorne Commercial Park) 

2.50

Remaining area of 2005 Plan existing employment area.

Hepthorne Lane, Tupton

3.32

Remaining area of 2005 Plan existing employment area.

Existing Sites Total

22.04


Sites Allocated & Permitted only

Biwaters Site – Mixed Use Development, Clay Cross

8.00

2005 Local Plan Allocation subject to planning approval and outstanding applications.

Callywhite Lane Extension, Dronfield

6.00

2005 Local Plan Allocation – revised developable area.

Land Adjacent to Norwood Industrial Estate, Killamarsh

5.40

2005 Local Plan Allocation part taken up with housing. Area remaining equates to size of employment allocation (E1(d) within original mixed use site (E3))

The Avenue – Mixed Use Development, Wingerworth

5.00

2005 Local Plan Allocation. Additional employment area as part of large Mixed Use Site,

Allocations & Permissions only

24.40


Overall District Total

46.44


Reason for modification

To remove duplication with Table 6.2


MM/080

Page 96, Para 6.23

Suggested modification

Amend paragraph 6.23:

"The employment land provision target of 46.4443ha set out in Policy SS2 would allow for over 26haup to 20ha of losses of B1, B2,& B8 and E(g), uses, as estimated in the Employment Land Review Update in order to achieve the anticipatedand still maintain a net increase in (B1, B2,& B8 and E(g)) employment land over the Plan period of 18ha. the basis of the Employment Land Review update recommendation. This is considered to be an appropraite response to the uncertainty of employment land delivery, quality of sites, and prospective employment uses (other than B1, B2 & B8) in the District."

Reason for modification

For clarity.


MM/081

Page 97, Para 6.28

Suggested modification

Amend paragraph 6.28:

"The Plan allocations provides for 46.4435.74ha of employment land on the sites described at Table 6.1.below. The majority A proportion of this provision is on the strategic sites set out in Chapter 4. The strategic sites in particular will provide a significant improvement to the quality of the employment land portfolio of the District. A number of sites are within existing partially developed employment areas, the most significant of which is Coney Green, Clay Cross. In addition to these is a single regeneration area identified at Callywhite Lane. Taken together the sites listed in table 6.2 below will provide for new employment land to meet the employment land target in Policy SS2.There is also further potential employment supply associated with the Dronfield Regeneration Area (Policy WC1) which is safeguarded for long-term employment provision in the North of the District; and the Coalite Priority Regeneration Area (Policy SS6) which has potential for the delivery of significant levels of employment land. However, these sites are not included in the supply within Table 6.1 due to uncertainties over delivery. The Plan makes no other new employment allocations."

Reason for modification

For clarity.


MM/082

Page 97, Para After 6.28

Suggested modification

Insert new paragraph after 6.28

"The amount of employment land allocated in Policy WC2 and set out in Table 6.1 amounts to 35.74ha. Taking account of 2.68ha net take-up from 2014-17 there is a shortfall of 4.58ha against the Plan target of 43ha. As stated above, the potential that further land may come forward adds some flexibility to supply. Consequently the Council will undertake robust monitoring of employment land supply and losses on an annual basis to ensure sufficient land is available to meet identified needs."

Reason for modification

For clarity.


MM/083

Page 97, Table 6.2

Suggested modification

Amend Table 6.2:

"Table 6.26.1 Local Plan Employment Land Availability

Existing Employment Sites and allocations with development land remaining


Coney Green, Clay Cross

9.03

Derby Rd, Upper Mantle Cl, Clay Cross

0.89

Westthorpe Business Centre, Killamarsh

0.35

Land adj Norwood Industrial Estate

5.40

Markham Vale (West of M1) Long Duckmanton

4.70

4.00

Markham Vale (Part former Coalite land) Long Duckmanton

1.25

Renishaw Industrial Estate

2.50

Hepthorne Lane, Tupton

3.32

Sub-Total

27.4426.74



Strategic Sites and Regeneration Area


The Avenue, Wingerworth

5.004.00

Former Biwaters Site, Clay Cross

8.005.00

Dronfield Regeneration Area (Callywhite Lane), Dronfield

6.00

Sub-Total

19.009.00



Total Provision

46.4435.74

Reason for modification

Update to reflect changes to employment site areas.


MM/084

Page 98, Para 6.28

Suggested modification

Amend final bullet point of paragraph 6.28:

"Former Callywhite Lane Extension, Dronfield: This is a long-standing allocation from the 2005 Adopted Plan, the northern end of which has been partly developed. Despite lack of progress on this site it represents an important extension to a valuable industrial area and a potential significant business park opportunity in the North Sub-Area. Issues over access in particular need to be resolved and were, until recently associated with the electrification of the East Midlands Main Line. As this work through Dronfield is now associated with the longer term HS2 project, such issues will be resolved much later. The development of the site is only likely towards the end of the Plan period and will have to account for designated flood risk areas associated with the River Drone which runs through the area. Development is only likely towards or beyond the end of the Plan period. The land is thus safeguarded under Policy WC1 as a regeneration area and it is expected to contribute around 6ha of land in employment use. In view of itsthe nature of prospective development, any future employment use on the land will be protected under Policy WC3 (General Employment Areas). Consequently this land is not included in the Plan's employment land supply at Table 6.1."

Reason for modification

For clarity.


MM/085

Page 100, Policy WC2

Suggested modification

Amend part 1 of Policy WC2, add a part 2, and include reference numbers to the list of sites in the policy and on the policies map. Relocate to before paragraph 6.31:

"POLICY WC2: Principal Protected Employment Areas

  1.  The following sites as shown on the Policies Map* are protected for office, light industrial and research and development (Use Class B1), general industrial uses (Use Class B2),and storage and distribution uses (Use Class B8) and office, industrial and research and development uses (Use Class E(g)):

Clay Cross/Danesmoor

CC/01: Coney Green Industrial Estate

CC/02: Bridge Street Industrial Estate/Upper Mantle Close

CC/03: Pilsley Road

SS4: Former Biwaters Site

Corbriggs

CO/01: Industrial Estate, Mansfield Road

Dronfield

DR/01: Callywhite Lane Industrial Estate

DR/02: Stubley Lane/Wreakes Lane Industrial Estate

Eckington

EC/01: Rotherside Road

Holmewood

HO/01: Holmewood Industrial Estate

HO/02: Holmewood Industrial Park

HO/03: Holmewood Business Park

Killamarsh

KL/01: Norwood Industrial Estate

KL/02: Rotherham Close

KL/03: Westthorpe Fields, off Green Lane

KL/04: Sheffield Road Industrial Area

Long Duckmanton

LD/01: Markham Vale, NE of Chesterfield Road (part former Coalite works)

SS5: Markham Vale

Renishaw

RW/01: Renishaw Industrial Estate (Ravenshorn Commercial Park)

Temple Normanton

TN/01: Temple Normanton Business Park

Wingerworth

SS3: The Avenue*

Employment Areas on Strategic Sites

  1. Within the above areas proposals for other employment generating uses (not falling within Use Classes B2, B8 and E(g)) will only be permitted where the proposed use:
    1. would be ancillary to the main use on site; and
    2. would not prejudice the future functioning or viability of employment uses on the site or nearby employment sites by reason of conflicting activities, access arrangements or movements of traffic or people. "

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map' – PMC/MM/2/07; PMC/MM/2/13; PMC/MM/3/03; PMC/MM/3/06; PMC/MM/3/10; PMC/MM/4/03; PMC/MM/4/09.

Reason for modification

For clarity and to include parts of deleted Policy WC4


MM/086

Page 101 - 102, Policy WC3

Suggested modification

Amend content and title of Policy WC3 together with associated footnotes. Include reference numbers to the list of sites in the policy and on the Policies Map:

"WC3: General Employment Areas

  1.  The following areas on the Policies Map are protected as General Employment Areas for employment uses27.

Clay Cross

CC/04: Derby Rd (East & South)

CC/05: West of Derby Road

SS4: Former Biwaters Site*

Dronfield

WC1: Dronfield Regeneration Area

DR/03: Gunstones Bakery, Stubley Lane

DR/04: Sheffield Road

Eckington

EC/02: Littlemoor Business Park

Killamarsh

KL/05: Land South of Norwood Industrial Estate

Morton

MO/01: Morton Ind Est Industrial Estate

Stonebroom

ST/01: Stonebroom Industrial Estate

Tupton

TU/01: Hepthorne Lane

Wingerworth

SS3: The Avenue*

  1. Within these General Employment Areas the Council will support development proposals for employment uses 28 where they:

    a. They dDemonstrate that they will maintain or increase local employment opportunities,

    b. Maximise and maximise opportunities for employing local people and developing skills; or

    b. The proposed use would be ancillary to, or will directly support the functioning of the application site, or an adjoining, related site for employment purposes.

    c Do not prejudice the future development of the viable In all cases proposals must not significantly prejudice the future functioning or viability of existing uses on the site or nearby employment sites by reason of conflicting activities, access arrangements or movements of traffic or people.

  1. Proposals for Main Town Centretown centre Uses on these sites will also be considered also in the light ofagainst policy WC5 WC4.
  2. Development involving the full or partial loss of sites or buildings to a non-employment use within 'General Employment areasAreas' will only be permitted if the applicant can demonstrate that:
    1.  tThe land or building is no longer physically suitable for employment uses and there is no realistic prospect of re-use or redevelopment for such uses28, this should include evidence that describes measures taken and explains how development problems that prohibit re-use for employment cannot be overcome; and
    2.  tThere is no demand for the building or redevelopment of the site by providing evidence of unsuccessful active marketing for employment use over a period of 2 years, including an advertising board placed in a visible location on the site and online marketing, a list of reasons as to why enquirers found the site unsuitable; and
    3.  tThe proposed use does not prejudice the future development of the viable existing uses on the site or nearby employment sites by reason of conflicting activities, access arrangements or movements of traffic or people.

* The precise areas of land set aside for general employment purposes on The Avenue & Former Biwaters Site are not identified by a boundary on the Policies Map, to allow for flexibility of layout."

"27 As defined in the NPPFPlan Glossary as Economic Development, i.e. developments "including those within the B Use Classes, public and community uses and main town centre uses (but excluding housing development)".

28 The recommendations of the Employment Sites Study and the Employment LAA (2017) will be referred to when considering this criterion."

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map' – PMC/MM/2/07; PMC/MM/2/13; PMC/M/3/03; PMC/MM/4/07; PMC/MM/4/09; PMC/MM/5/07.

Reason for modification

For clarity and to include parts of deleted Policy WC4.


MM/087

Page 102, Policy WC4

Suggested modification

Delete Policy WC4 and incorporate elements into Policies WC2 & WC3:

"Policy WC4 Development on Employment Land

1. Proposals for the redevelopment of existing employment sites, or for the use of those sites for other employment generating uses, including where the proposed use, if integral or of smaller scale would be ancillary to the main employment use of an application site, will be permitted where:

28 The recommendations of the Employment Sites Study and Employment LAA (2017) will be referred to when considering this criterion. 103

a. the proposed use directly supports the functioning of the application site and any attached employment area for employment purposes and

b. it can be demonstrated that the proposal will maintain or increase local employment opportunities and maximize opportunities for employing local people and developing skills

c. the proposal does not prejudice the future development of the viable existing uses on that or nearby protected employment sites by reason of conflicting activities, access arrangements or movements of traffic or people.

2. Any proposal will need to accord with other policies in this Plan."

Reason for modification

For clarity and as part of rationalisation of Policies WC2, WC3 & WC4.


MM/088

Page 104, Para 6.42

Suggested modification

Amend paragraph 6.42:

In line with the overall approach to support economic growth and sustainable communities, the Plan allows small scale retail and other town centre use development to serve the needs of local communities. in locations within settlements and outside centres. Evidence set out in the Retail Study update has not identified any further retail centres, but has set out local thresholds for retail and leisure development, beyond which an impact assessment would be required to ensure that development is of a scale appropriate to its location.

Reason for modification

For clarity.


MM/089

Page 105-106, Policy WC5

Suggested modification

Replace Policy WC5 and re-number as Policy WC4:

Policy WC5: Retail Hierarchy and Town Centre Uses

Retail Hierarchy

  1. The Council will support the following hierarchy of Towns, and Local Centres in the District:
    1. Town Centres - Dronfield and Clay Cross, Eckington and Killamarsh.
    2. Local Centre – Sheffield Road/Chesterfield Road, Dronfield
  1. A sequential approach will be taken to assessing development proposals for the main town centre uses as defined in the NPPF, in line with this hierarchy.
  2. Proposals for retail and other town centre uses in the Centres defined in the Retail Hierarchy above should:
    1. Be consistent in scale with the size and function of the centre; and
    2. Safeguard the retail character and function of existing centres and not detract from their vitality and viability.
  1. Any quantitative expansion or new provision within the town centres should contribute to enhancing the town centre public realm.
  2. To ensure the vibrancy and economic health of the District's centres, the mix of uses will be controlled in order that uses other than A1 will:
    1. Contribute to the diversity of leisure and cultural attractions, without overwhelming the retail function of the centre, street or frontage by having a detrimental impact on vitality and viability
    2. Help to create an active, well used and safe evening environment, with acceptable impacts on residential amenity;
    3. help to address vacant, under-used or derelict buildings within centres
    4. Contribute to an appropriate mix of licensed premises
  1. Retail development outside centres 
    Small shops serving the day to day needs of local communities will be permitted within Settlement Development Limits subject to an assessment in accordance with the thresholds below.
  2. In all locations outside of those identified in the retail hierarchy, the loss of local shops and other local services will be resisted, in line with Policy ID6 (Social Infrastructure).
  3. Proposals for retail or town centre use development in the countryside will only be permitted where they accord with Policy SS9 (Development in the Countryside) and where they are of an appropriate scale for their location.
  4. Local Threshold for Impact Assessment
    A retail impact assessment will be required for retail proposals n edge-of centre or out-of-centre locations which propose additional retail floorspace as follows:
    1. 200 m2 (net) for proposals within the catchment (500m) of protected Local Centres;
    2. 280 m2 (net) for proposals within the catchment (500m) of the Town Centres defined above; and
    3. 500 m2 (net) for proposals across the remainder of the District.

"Policy WC4: Retail Hierarchy and Town Centre Uses

Retail Hierarchy

  1. The Council will support the following hierarchy of Towns and Local Centres in the District:
    1. Town Centres – Dronfield, Clay Cross, Eckington and Killamarsh
    2. Local Centre – Sheffield Road/Chesterfield Road, Dronfield

Development in Centres

  1. To ensure the vibrancy and economic health of the District's Centres, development will be permitted where it will:
    1. Contribute to the diversity of leisure and cultural attractions;
    2. Help to create an active, well used and safe evening environment, with acceptable impacts on residential amenity;
    3. Help to address vacant, under-used or derelict buildings within centres; and
    4. Contribute to an appropriate mix of licensed premises.
  1. Proposals for retail and other town centre uses in the District's Centres should contribute to their vitality and viability and:
    1. Be consistent in scale with the size and function of the centre; and
    2. Safeguard the retail character and function of the centre.
  1. Any quantitative expansion or new provision within the District's Centres should contribute to enhancing their public realm.

Development outside District Centres

  1. A sequential approach will be taken to assessing development proposals for the main town centre uses as defined in the NPPF, in line with the retail hierarchy set out in this policy and in accordance with the local thresholds for impact assessment.
  2. Small scale retail and other town centre use developments, serving the day to day needs of local communities, will be permitted within Settlement Development limits where they are below the local thresholds for impact assessment set out below.
  3. The loss of shops and other services will be resisted, in line with Policy ID5 (Social Infrastructure).

Local Thresholds for Impact Assessment

  1. An impact assessment will be required for retail and leisure proposals in edge-of centre or out-of-centre locations which propose additional floorspace above the following thresholds:
    1. 200 m2 (gross) for proposals within the catchment (500m) of the Local Centre defined above;
    2. 280 m2 (gross) for proposals within the catchment (500m) of the Town Centres defined above; and
    3. 500 m2 (gross) for proposals across the remainder of the District."
Reason for modification

Policy re-ordered and amended for clarity


MM/090

Page 108, Policy WC6

Suggested modification

Replace Policy WC6 and re-number as Policy WC5:

Policy WC6: Visitor Economy and Tourism Development in the Countryside

  1.  Proposals for leisure, visitor and tourism development (including for accommodation) in the Countryside will be permitted where they:
    1.  Can demonstrate why a countryside location is appropriate; and
    2.  Are located in accessible locations within areas that can accommodate additional visitor numbers without detriment to the environment or the vitality of existing centres; and
    3.  Are appropriate to the site's location in terms of scale, design, or materials; and
    4.  Are appropriate to the role of any nearby settlement respecting the character and appearance of the open countryside; and
    5.  Do not have a significant adverse impact on any environmental designation.
  1.  Proposals for tourism development will particularly be encouraged subject to a - d above where they would:
    1.  enhance the tourism offer within towns and villages;
    2.  assist in the restoration and enhancement of Chesterfield Canal;
    3.  support the promotion of the District's industrial heritage;
    4.  Build on links with the Peak District National Park;
    5.  Extend and/or upgrade the District's Green Infrastructure and network of multi-user trails and/or
    6.  Provide a viable and appropriate use for under-used buildings.
  1.  Proposals for visitor accommodation will also be subject to policy WC7.
  2.  In all cases, where development is considered acceptable in principle, it will be required to respect the form, scale and character of the landscape, through careful siting, scale design and use of materials.

"Policy WC5: Visitor and Tourism Development.

  1. Proposals for visitor and tourism development will be permitted where they would:
    1. Enhance the tourism offer within towns and villages;
    2. Assist in the restoration and enhancement of the Chesterfield Canal;
    3. Support the promotion of the District's industrial heritage;
    4. Support links with the Peak District National Park;
    5. Extend and/or upgrade the District's Green Infrastructure and network of multi-user trails; or
    6. Provide a viable and appropriate use for under-used buildings.
  1. In all cases proposals will be expected to
    1. Be well located in relation to the local transport network and accessible by public transport;
    2. Be of a scale that is compatible with the role of any nearby settlement;
    3. Ensure that visitor numbers can be accommodated without detriment to the environment or the vitality of existing centres;
    4. Respect local landscape character and the character and appearance of the open countryside;
    5. Respect the site’s location through careful siting, scale, design and use of materials; and
    6. Not have a significant adverse impact on any environmental designation.
  1. Outside the settlement development limits in countryside locations, proposals for new or extensions to existing visitor accommodation will be permitted where it is not used for permanent residential occupation.
  2. Where development falls within the Green Belt the provisions of Policy SS10: North East Derbyshire Green Belt apply."
Reason for modification

Policy re-ordered and amended for clarity.


MM/091

Page 108, Para 6.49

Suggested modification

Delete sub-heading, amend paragraph 6.49 and move to precede Policy WC6:

"Tourist Accommodation

Visitor accommodation in rural areas, in suitable locations, can have a positive impact on the local economy. Appropriate conditions restricting this accommodation to holiday use will be applied,

to avoid unsustainable residential development, or the provision of owner occupied second homes which are economically less beneficial and do not positively contribute to sustainable communities. As a result, tourist accommodation (but not use as a second home) is considered to be an employment use as referred to in Policy SS9 (c)."

Reason for modification

For clarity and toreflect changes to policies WC6 & WC7.


MM/092

Page 109, Para 6.50

Suggested modification

Delete Paragraphs 6.50 to 6.51 and insert new title and paragraph:

The occupation of static caravans for permanent residential use is not considered appropriate in the countryside unless they are located within an established static caravan park specifically developed for that purpose. Storage sites for touring caravans help remove caravans from residential areas where they are often unsightly. However, sites need to be secure, well screened throughout the year, and preferably located close to settlement where they can easily access and support local shops and services.

Proposals for visitor accommodation in the countryside will need to be accompanied by a business plan which identifies tourism related needs and demonstrates the likely impact on business viability.

"Camping Chalets, Caravans and Lodges

The provision of visitor accommodation in the form of camping chalets, lodges and caravans is an appropriate use within the Countryside and is subject to policy WC6. However, sites need to be well screened throughout the year, and designed and laid out to reduce their impact upon the countryside, landscape and neighbouring residents. They should ideally be located in areas that provide easy access to nearby settlements, which can also help to support local shops and services. Storage sites for touring caravans help to remove caravans from residential properties where they are often unsightly."

Reason for modification

For clarity and toreflect changes to policies WC6 & WC7.


MM/093

Page 109, Policy WC7

Suggested modification

Amend Policy WC7 and re-number as WC6:

"Policy WC7: Tourist Accommodation6: Camping Chalets, Caravans, and Lodges in the Countryside

1. In addition to being subject tothe requirements of Policy WC65, New visitor accommodation, or extensions to existing visitor accommodation, will be permitted where it is not used for permanent residential occupation and:

  1.  Where is an extension to existing visitor accommodation and helps to ensure future business viability; or
  2. It is in accordance with Policy SS9:Development in the Countryside; or

2.In addition, proposals for new, and extensions to existing camp sites, and sites for camping chalets, static (non-dwelling) orand touring caravans, lodges includingand for caravan storage, will only be permitted where:

c.a. They are adequately screened all year round; and

d. b. They are laid out in a manner which would not adversely affect the character of the area; and

e. c. The materials and colour of the chalets and caravans, services and infrastructure are appropriately designed to reduce the visual impact of the proposal on the landscape to a satisfactory level; and

f. d. They do not significantly adversely affect the amenity of local residents."

Reason for modification

Amended for clarity and to reflect changes to policies WC6 & SS9. Reference to tourist accommodation moved to Policy WC6


Chapter 7: Sustainable Places


MM/094

Page 111, Para 7.4

Suggested modification

Amend paragraph 7.4:

"The Local Plan aims to direct new growth to the district's most sustainable settlements based on the Settlement Hierarchy, and to Strategic Sites in suitable locations. Dronfield is the largest of the four towns within the district, and is an area of high demand for growth. The tight constraints of the Green Belt have restricted development in recent years leading to rising house prices and unmet housing needs. The lack of available land within the existing settlement means that meaningful levels of housing growth could only be accommodated by looking around the edge of the town within the Green Belt. Following a review of the Green Belt a selection ofTwo land parcels have been released from the Green Belt. These were selected on the basis that they would cause least harm to the strategic functions of the Green Belt while delivering around 475200 dwellings by 2034. When adding completions and commitments this will amount to approximately 570300 dwellings in total within the plan period."

Reason for modification

Update to reflect changes to housing sites and numbers.


MM/095

Page 122, Policy SP2

Suggested modification

Delete section 4 from Policy SP2:

"Policy SP2: Clay Cross

  1. Clay Cross will maintain its role as the main social and economic focus of the South of the District.
  2. Provision for new housing will be made in line with Policy SS2 and employment land in accordance with Policies WC2 and WC3.
  3. Where appropriate, development proposals will be expected to demonstrate how they contribute to the successful delivery of the Clay Cross Regeneration Framework's key priorities and projects set out in Table 7.2 and the One Public Estate's regeneration and service programme. In particular, the Council will support proposals that:
    1. Reuse previously developed land within and on the edge of Clay Cross where appropriate, including sites within the Town Centre and living above shops;
    2. Contribute to the refurbishment or re-development of Sharley Park Leisure Centre;
    3. Protect and provide outdoor sport facilities, children play spaces and outdoor youth facilities to reduce current shortfall;
    4. Protect, implement and maintain the route of the esplanade as shown on Map 7.2;
    5. Promote public transport and do not preclude the future provision of rail access;
    6. Protect and enhance the church of St Bartholomew's including views to and from the church;
    7. Protect the existing urban quality within the conservation area;
    8. Increase accessibility to town centre parking from the A61;
    9. Develop Bridge Street triangle as a retail-led opportunity area in accordance with policy WC5WC4;
    10. Take a flexible approach to uses to encourage proposals for development that will help to secure the regeneration of land north of Market Street;
    11. Improve the Public Realm by focusing on key movement routes, regeneration areas and the bus station;
    12. Encourage uses within the town centre that enhance the offer of the town as an evening destination, particularly arts and cultural uses and social/leisure facilities for young people; and
    13. Continue to work with partners to deliver regeneration and place-making projects and innovative service delivery for the town centre to benefit the most deprived members of the community.
  1. New retail development will be focused within the town centre, with limited new provision as part of a new local centre to be accommodated within the Biwaters Strategic Site as set out in Policy SS4."
Reason for modification

Update to reflect changes to Policy SS4


MM/096

Page 124, Para 7.30

Suggested modification

Amend paragraph 7.30:

"Eckington is an area of high demand for growth. The tight constraints of the Green Belt have restricted development in recent years leading to rising house prices and unmet housing needs. The lack of available land within the existing settlement means that meaningful levels of housing growth could only be accommodated by looking around the edge of the town within the Green Belt. Following a review of the Green Belt a selection of land parcels have been released from the Green Belt. These were selected on the basis that they would cause least harm to the strategic functions of the Green Belt while delivering around 520 dwellings by 2034. When addingAllocations, completions and commitments within the settlementthis will amount to approx.approximately 210600 dwellings within the plan period."

Reason for modification

Update to reflect changes to housing allocations and numbers.


Chapter 8: Sustainable Development and Communities


MM/097

Page 133, Para Sub-title & 8.3

Suggested modification

Amend sub-title & paragraph 8.3:

"Re-Use and Conversion of Buildings in the Green Belt and Countryside

The re-use and conversion of existing buildings can help to provide new job opportunities and homes in rural areas. It also re-uses existing resources and reduces the pressure for new buildings in the countryside. Consequently, as an exception to the restrictions on development in the Green Belt and the countryside the re-use, conversion or adaptation of agricultural and other rural buildings for new uses will be acceptable in principle provided that the criteria in Policy SDC1 are met.Proposals involving the re-use and conversion of buildings within the Green Belt will also need to comply with Policy SS10."

Reason for modification

For clarity.


MM/098

Page 133, Para 8.5

Suggested modification

Amend final sentence of paragraph 8.5:

"The conversion of buildings in rural areas to uses not originally intended in their design can result in visual intrusion and/or increased traffic and activity with consequential adverse impacts on the countryside. The council will seek to ensure that any proposal is appropriate for both the building itself and the area in which it is located. Proposed new uses should not have a materially greater impact onpreserve the openness and character of the Green Belt, or countryside, that the present use."

Reason for modification

To reflect the terminology used in paragraph 90 of the 2012 NPPF.


MM/099

Page 134, Policy SDC1

Suggested modification

Amend Policy SDC1:

"Policy SDC1: Re-use and Conversion of Buildings in the Green Belt and Countryside

1. Proposals for the re-use and conversion of buildings in the Green Belt and Countryside will be permitted provided that:

  1.  they are of permanent and substantial construction;
  2.  they are structurally sound, and capable of re-use without major alterations, adaptations or re-construction;
  3.  their form, bulk and design is, or can be made to be, in keeping with their surroundings;
  4.  conversion or adaptation will not be detrimental to the character of the building itself or its setting;
  5.  there is no materially greater impact than the present use onthey preserve the openness and character of the Green Belt and Countryside;
  6.  the new use would not result in an unacceptable proliferation of replacement farm buildings or inappropriate outside storage of any materials, machinery and / or vehicles that would cause harm to the Green Belt and Countryside; and
  7.  provision is made for nesting boxes and roosts for protected species such as barn owls and bats, where necessaryappropriate."
Reason for modification

For clarity and to reflect the terminology used in paragraph's 88 & 90 of the 2012 NPPF.


MM/100

Page 137, Para 8.16

Suggested modification

Insert additional text at the end of paragraph 8.16:

"A part of the far west of the District lies within the Peak District National Park which has its own separate landscape character assessment. If the special qualities of the National Park are to be protected, careful control needs to be exercised over development outside, but which may have a harmful impact upon it. Proposals should therefore take account of the adopted Peak District National Park Authority Landscape Strategy and Action Plan, and will not be permitted when it is considered to be harmful to the valued characteristics of the National Park, or its statutory purposes namely to conserve and enhance its natural beauty, wildlife and cultural heritage, and to promote opportunities for the understanding and enjoyment of the special qualities of national parks by the public. Where proposals would result in conflict between the two purposes, the council will attach greater weight to the former."

Reason for modification

For clarity.


MM/101

Page 137 - 138, Para 8.18

Suggested modification

Add sentence & footnote to end of paragraph 8.18:

"The Study identifies Areas of 'Primary Sensitivity'2, considered to be the most sensitive areas of landscape, and which are most likely to be negatively affected by change or development. In these areas, there will be a strong focus on the protection and conservation of their environmental assets. Areas of 'Secondary Sensitivity' are still considered to have environmental sensitivities but are potentially weaker in one area. In these areas, the focus will be on management (conservation and enhancement), maintaining those features of existing value but also addressing those in decline (e.g. through landscape restoration and habitat creation). In North East Derbyshire, the AMES study identifies the key areas of primary sensitivity in the Peak Fringe41. In addition, within this landscape context Derbyshire County Council has prepared a tranquillity map for Derbyshire42. This map which expresses locally the spread of tranquillity will be a material consideration when determining proposals under Policy SDC3."

"42 Technical Support Document 2: Tranquillity (2013)"

Reason for modification

To clarify that tranquillity is an important perceptual quality of the landscape, and to assist in the implementation of Policy SDC3: Landscape Character.


MM/102

Page 139, Para After Figure 8.1

Suggested modification

Insert new Figure 8.2 showing Areas of Multiple Environmental Sensitivity

See Annex 3 to the Schedule of proposed Main Modifications.

Reason for modification

For clarity to assist with the implementation of Policy SDC3: Landscape Character.


MM/103

Page 140, Policy SDC3

Suggested modification

Amend part 1 of Policy SDC3:

"Policy SDC3: Landscape Character

  1.  Proposals for new development will only be permitted where they would not cause significant harm to the character, quality, distinctiveness or sensitivity of the landscape, or to important features or views, or other perceptual qualities such as tranquillity unless the benefits of the development clearly outweigh the impacts.
  2.  Development proposals should be informed by, and be sympathetic to, the distinctive landscape areas identified in the Derbyshire Landscape Character Assessment and the Areas of Multiple Environmental Sensitivity (AMES), or any successor document(s), and contribute, where appropriate, to the conservation and enhancement, or restoration and re-creation of the local landscape taking into account its wider landscape character type.
  3.  Planning permission will not be granted for development outside the Peak District National Park which would damage or significantly affect the national parkNational Parkpurposes or its valued characteristics."
Reason for modification

To delete reference to the 'planning balance' as this is a matter for the decision taker and not planning policy.


MM/104

Page 142, Policy SDC4

Suggested modification

Amend parts 1 and 2 of Policy SDC4:

"Policy SDC4: Biodiversity and Geodiversity

The Council will protect and enhance the district'sDistrict's natural environment and seek to increase the quantity and quality of biodiversity and geodiversity by:

  1. Protecting designated national and local sites of nature conservation importance and geodiversity value including SSSI's, LNR's, and RIGS's as shown on the Policies Map; Development proposals affecting designated sites will not be permitted unless it can be demonstrated that significant harm can be avoided, mitigated, or as a last resort, compensated for by the development. Any proposed development that would be likely to adversely affect designated SSSI's will not be permitted.
  2.  Promoting the qualitative enhancement of all sites of biodiversity and geodiversity value (including designated SSSI's, LNR's, LWS's and RIGS's, and other sites with protected and priority species) by supporting measures that improve access,wildlife habitat connectivity and the creation ofcreate new wildlife habitats. Such measures could include maintaining trees, native vegetation and improving green infrastructure for the benefit of wildlife.
  3.  Not permitting development which would adversely affect the integrity of designated international sites of international importance for nature conservation (SPA's and SAC's)located outside of the Plan area, except for imperative reasons of overriding public interest, and only where adequate compensatory measures are provided."
Reason for modification

To improve clarity and for consistency with paragraph 118 of the 2012 NPPF.


MM/105

Page 144, Policy SDC6

Suggested modification

Amend part 1 of Policy SDC6:

  1. "Proposals for alterations to or changes of use of a listed building will be supported where they protectpreserve the significance of the heritage asset and its setting including impacts on the character, architectural merit or historic interest of the building.
  2. Proposals should use materials, layout, architectural features, scale and design that respond to and do not detract from the listed building.
  3. Proposals which allow for viable uses that are compatible with the conservation of the fabric of the building and its setting will generally be supported."
Reason for modification


MM/106

Page 145, Policy SDC7

Suggested modification

Amend Policy SDC7:

"Policy SDC7: Scheduled Monuments and Archaeology

  1. Proposals for development that preserve or enhanceaffect heritage assets with archaeological interest will be permitted provided that it can be demonstrated that the development will not be harmful to the archaeological interest of the heritage assets or their settings, having regard to their the significance of scheduled ancient monuments or archaeological sites, including their setting, will be granted.
  2. Where development proposals are likely to affect non-designated heritage assets of archaeological sitesinterest, the developer should submit sufficient information to allow the significance of the asset and the potential impact of the proposals thereon to be understood. In some cases this will require archaeological desk based assessment and/or field evaluation of the site which should be submitted as part of the development proposal and undertaken by a suitably qualified archaeologist. appropriate measures should be taken to ensure their protection in situ, based upon their significance.
  3.  Where development would involve the demolition or removal of archaeological features, this must be fully justified andPreservation in situ of archaeological sites or remains is the preferred option. However, where assessment shows preservation in situ is not justified provision should be made for excavation and recording before demolition, disturbance or removal takes place. and archiving by a suitably qualified party prior to work commencing to ensure it is done to professional standards."
Reason for modification

To improve clarity and for consistency with paragraph 154 of the 2012 NPPF.


MM/107

Page 146, Policy SDC8

Suggested modification

Amend Policy SDC8:

"Policy SDC8: Registered Parks and Gardens

1. Planning permissionProposals for development that preserves or enhances the special historic landscape character and interest of theaffect Renishaw Hall Registered Park and Garden including its setting will be granted provided that they would conserve or enhance the historic layout, character, designed features and principal components which contribute to its significance.

2. Applications must seek to protect orginal or significant designed landscapes, their built features, and setting.

3. 2. Proposals which seek to restore or reinstate its historic landscape features to original designs, using appropriate evidence, or better reveal theirits setting will be encouraged."

Reason for modification

To improve clarity and for consistency with paragraph 154 of the 2012 NPPF.


MM/108

Page 146, Policy SDC9

Suggested modification

Amend Policy SDC9:

"Policy SDC9: Non-designated Local Heritage Assets

1. Development proposals whichProposals for development that affect a non-designated local heritage asset will be permitted provided that they positively sustain or enhance the significance of any local heritagethe asset, and its features, character and setting. will be permitted.

2. Alterations, additions and changes of use should respect the character, appearance and setting of the local heritage asset in terms of the design, materials, form, scale, size, height and massing of the proposal.

3. 2. Proposals involving full or partial demolition of, or significantthe loss of or harm to, a local heritage asset will be resisted unless sufficient justification is provded and the public benefits outweigh the harm caused by the loss of the asset. subject to a balanced assessment taking account of the significance of the asset and the scale of the harm or loss."

Reason for modification

To improve clarity and for consistency with paragraph 135 of the 2012 NPPF.


MM/109

Page 150, Para 8.51

Suggested modification

Amend paragraph 8.51:

"The Council's approach to water management complements 'The Humber River Basin Management Plan'. In particular the Local Plan has an important role in the key actions of promoting water efficiency, Sustainable Urban Drainage Systems ( SuDS), re-use of water and the value of green infrastructure. The Council will require developers to demonstrate that their surface water drainage proposals, particularly for large sites, are appropriate and adequate for the development and will not increase the flood risk to land and property either upstream or downstream of the development site. Sustainable Drainage Systems (SuDS) are a desirable means of achieving this. Hard surfacing resulting from development (including roofs) reduces the ability of the land to absorb and/or store water, it is therefore important that SUDSSuDS and other methods are utilised for water management. This will include grey water recycling, rainwater harvesting, green roofs, permeable paving, infiltration areas and soakaways. Such measures should supplement green infrastructure networks, contribute to mitigating climate change and flooding, and improve biodiversity and amenity value, as an alternative or complimentary to hard engineering. New development must address the issue by managing runoff from new developments to hold back rainfall from reaching the drainage and river systems too quickly. Run off rates for development on greenfield sites should not be exceeded, and where possible should be reduced from existing. Run off rates for development on previously developed land should be reduced from the current rate of surface water runoff where feasible. As of April 2015, the surface water elements of the Flood Risk policy became the responsibility of Derbyshire County Council as the LLFA."

Reason for modification

To improve clarity.


MM/110

Page 151 - 152, Policy SDC11

Suggested modification

Amend Policy SDC11:

"Policy SDC11: Flood Risk and Drainage

1. All development proposals will be required to consider the effect of the proposed development on flood risk, both on-site and off-site, commensurate with the scale and impact of the development. This should be demonstrated through a Flood Risk Assessment (FRA), where appropriate. Development will not be permitted unless:

  1.  inIf within the functional floodplain (flood zoneFlood Zone 3b), it is water compatible or essential infrastructure;
  2.  In flood zoneFlood Zone 2 and 3a, it passes the Sequential Test, and if necessary the Exceptions Test, as required by national policy; and
  3.  It can be demonstrated through an FRA[2]3 that the development, including access, will be safe, without increasing flood risk elsewhere and where possible will reduce flood risk overall;.2. Surface Water Management
  4.  There is no net increase in surface water runoff for the lifetime of the development on all new development. Run off rates for development on greenfield sites should not be exceeded, and where possible should be reduced from existing. Run off rates for development on previously developed land should be reduced from the current rate of surface water runoff where feasible. Surface water runoff should be managed at source wherever possible, avoiding disposal to combined sewers.;.
  5.  Part of the development site is set aside for surface water management, and uses measures to contribute to flood risk management in the wider area. Such measures should supplement green infrastructure networks, contributing to mitigation of climate change and flooding, as an alternative or complementary to hard engineering; and
  6.  The development incorporates a Sustainable Drainage System (SuDS) to manage surface water drainage, in accordance with national SuDS standards, unless it is proven that SuDS are not appropriate in a specific location. Where SuDS are provided, arrangements must be put in place for their whole life management and maintenance.

3. Foul Water Drainage

2. Development will only be permitted where adequate foul water treatment and drainage infrastructure currently exists, or can be made available to serve the development unless the developer can demonstrate acceptable alternative private solutions.

43. The Council will seek opportunities to remove problems from the drainage network and increase the capacity of the floodplain, wherever this can be achieved safely, in connection with new development.

54. Where improvement works are required to ensure that the drainage infrastructure can cope with the capacity required to support proposed new development, developer contributions may be required in accordance with Policy ID1 (Infrastructure Delivery and Developer Contributions)."

Reason for modification

To improve clarity.


MM/111

Page 152, Para After 8.56

Suggested modification

Insert new paragraph after paragraph 8.56 & new footnote:

"In relation to housing densities, the Council applies 30 dwellings per hectare, assuming 90%, 80% or 70% of site developable area48, as a starting point. However, it is acknowledged that housing densities may vary in different locations. The Council therefore supports a flexible approach to densities, whereby the characteristics of the site and surrounding area provide the basis for determining the most appropriate density, whilst at the same time encouraging optimising densities in town centres and other locations with good public transport.

"48 90% for sites between 0.65ha and 5.99ha; 80% for sites between 6ha and 10ha; and 70% for sites above 10ha."

Reason for modification

To provide guidance on considering the density of new housing development.


MM/112

Page 153 - 154, Policy SDC12

Suggested modification

Amend Policy SDC12:

"Policy SDC12: High Quality Design and Place-Making

1. All new development should meet the highest standards of urban and architecturalbe of a high quality design and make a positive contribution to the quality of the local environment. 2. Proposals for development will only be permitted provided that they:

  1.  Respond positively to local character and context to preserve and, where possible, enhance the quality and local identity of existing communities and their surroundings;
  2.  Provide an integrated network of public open space and green and blue infrastructure which connects with existing green/blue infrastructure wherever possible;
  3.  Create good design which is well-related to its site and surroundings in terms of its layout, form, height, massing, scale, plot size, elevational treatment, materials, streetscape, and rooflines which effectively integrate buildings into their local setting;
  4.  Include boundary treatments and landscaping which are well designed and create strong physical features which provide visual and functional separation from the site's surroundings, especially where it abuts the green belt. Where appropriate, effective landscape buffers will be required which create appropriate transition between urban and rural environments;
  5.  Protect the amenity of existing occupiers and create a good quality of amenity for future occupants of land or buildings and a high quality environment for future occupiers in terms ofincluding in relation to privacy, overlooking, overshadowing and/or any overbearing impacts;
  6.  Create well-connected places that are easy to move around, and which giveprioritise the needs of priority first to pedestrians, cyclists and cycle movements; and second, wherever possible, facilitate access to public transport services above the use of the private car;
  7. Provide streets and spaces within a well-considered public realm which are legible and shaped by recognisable landmark features, and which are overlooked, active, and promote inclusive access;
  8.  Make efficient use of land by optimising housing densities, particularly in and around town centres and other locations where there is good access to frequent public transport services, whilst reflecting the particular characteristics of the site and its surrounding area;
  9.  Maintain or enhance important existing site features of landscape, ecological, heritage or amenity value as integral elements of the design;
  10.  Include measures to promote environmental sustainability, including those which address energy and water efficiency where practicable and viable to do so;
  11.  Make provision for private amenity space, storage and recycling facilities, and vehicle and cycling parking; and
  12.  Incorporate measures to minimise opportunities for crime and anti-social behaviour; and
  13. Create good design which can be accessed by and is inclusive for all users.

3. The Council will expect a scheme's design to comply with the guidance contained in the Successful Places: A Guide to Sustainable Housing Layout and Design Supplementary Planning Document or any successor document."

Reason for modification

To improve clarity and consistency with paragraphs 35 & 61 of the 2012 NPPF.


MM/113

Page 157, Policy SDC13

Suggested modification

Amend Policy SDC13:

"Policy SDC13: Environmental Quality

1. All development proposals will be assessed in relation to their impact onexpected to prevent unacceptable levels of air, light, noise, ground orand water pollution.2. Planning permission will be refused for any proposal where pollution would pose an unaccetbale risk to public health, quality of life or the environment which is not mitigated.

3.2.Development proposals will be expected to contribute positively to the water environment and its ecology, and will only be permitted where they do not adversely affect surface or ground water quality in line with the requirements of the Water Framework Directive.

4.3.Planning applications for development with the potential to pose a risk of pollution should be accompanied by an assessment of the likely impact of the development on environmental quality. Assessments of the risk of air, light, noise, ground or water pollution should relate to all stages of development."

Reason for modification

To improve clarity and effectiveness.


Chapter 9: Infrastructure and Delivery


MM/114

Page 167, Para 9.31

Suggested modification

Amend paragraph 9.31:

"Whilst this work recognises that a mitigation strategy to cater for growth along the A61 corridor is being developed, it has found that there may be a need to consider mitigation measures at two locations at Dronfield, namely the Chesterfield Road / Green Lane / Callywhite Lane junction, and the approaches to the A61 Bowshaw Roundabout, on the basis of cumulative traffic impacts. The details of any mitigation and its costs are currently unknown, but it is expected thatWhere justified through a transport assessment or statement developer contributions will be neededsought to support the delivery of any necessary improvements in line with Policy ID2."

Reason for modification

To clarify that the approach to deal with any implications for the highway network at the A61 Bowshaw roundabout and the B6057 Green Lane/Callywhite Lane junction arising from the proposed development at Dronfield will be through the submission of Transport Assessments/Statements as and when individual proposals come forward.


MM/115

Page 167, Para 9.32

Suggested modification

Amend paragraph 9.32:

"In addition, this work has highlighted that traffic, albeit not in large volumes, arising from the proposed housing development mainly at Renishaw, Eckington and Killamarshin the north of the district would route to and from junction 30 of the M1 motorway located in neighbouring Bolsover District. However, the impacts from proposed development in North East Derbyshire are limited, and generated from the relatively small quantum of development at Eckington and Killamarsh, and would not alone necessitate the need for improvements to Junction 30 of the M1 Motorway. The Council will therefore continue in its dialogue with Derbyshire County Council and Highways England together with relevant neighbouring authorities to more fully explore the cumulative imapcts of planned growth on Junction 30 of the M1."

Reason for modification

Correction and update.


MM/116

Page 169, Policy ID2

Suggested modification

Amend part 2 of Policy ID2:

"Policy ID2: Provision and Safeguarding of Transport Infrastructure

1. New transport infrastructure will be permitted provided that it is necessary to:

  1.  improve the existing highway or rail network, or improve connectivity; or
  2.  support economic growth or unlock future development sites; and
  3.  minimise and mitigate any harmful impact on the environment and the amenity of local communities; and
  4.  make safe and proper provision for the movement of pedestrians, cyclists, and public transport.

2. Sustainable Transport Measures and Highway Improvements:

Where justified through appropriate transport statements or assessments, development will be required to provide or contribute towards delivering the following transport infrastructure to support development including:

  1.  improvements to the A61 corridor, south of Chesterfield to Clay Cross, including the Southern Access to the Avenue Strategic Site Allocation from the A61;
  2.  improvements to key road junctions to support growth at Dronfield including the B6057 Chesterfield Road / B6158 Green Lane / Callywhite Lane, and the A61 Bowshaw Roundabout;
  3.  measures to mitigate any adverse impacts of development on the M1 motorway junctions;
  4.  other transport projects at Clay Cross, Dronfield, Eckington and Killamarsh as identified in the Regeneration Frameworks for these towns and in accordance with Policies SP1, SP2, SP3 and SP4."
Reason for modification

To provide clarity.


MM/117

Page 172, Policy ID3

Suggested modification

Amend parts 2, 3 & 4 of Policy ID3 and include new footnote:

"Policy ID3: Sustainable Travel

1. The Council will seek to maximise walking, cycling, and the use of public transport through the location and design of new development, with the aim of reducing congestion, and improving air quality and health.

2. Proposals for major developments1 will be required to promote sustainable travel through necessary interventions as identified through appropriate transport statements or assessments including the following: as set out in the priority order below:

  1. Site specific and area wide travel demand measures; including active travel planning, such as promoting car clubs and provision of car share spaces so as to reduce the demand for travel by the private car;
  2. Improvements to existing pedestrian, cycle and public transport services and facilities, and provision of new walking and cycling routes. New routes should be permeable for all users and provide direct links to new or existing footpaths, cycling networks and local facilities; and
  3. Optimisation of the existing highway network to prioritise walking, cycling, public transport and other forms of sustainable travel. such as measures to prioritise the need of pedestrians above the car, and improved cycle and bus lanes, and charging infrastructure for electric vehicles for example

3. As a last resort, Highway capacity enhancements wshould have to deal with residual car demand where the initiatives required in criteria (a) to (c) above are insufficient to avoid significant additional journeys.

4. In all cases, planning permission will only be granted provided that the development would be served by a safe access, and any traffic generated by new development can be accommodated safely on the surrounding local and strategic highway network, or can be made safe by appropriate transport improvements refused on transport grounds if there would be an unacceptable impact on highway safety, or where the residual cumulative impacts on the road network would be severe."

"1 Major development is defined in the Plan's glossary"

Reason for modification

To provide clarity and consistency with paragraphs 32 & 154 of the 2012 NPPF.


MM/118

Page 176, Para After 9.65

Suggested modification

Insert new sub-title, paragraph and policy re: notified sites for educational purposes after paragraph 9.65 & make consequential changes to the Policies Map:

"Safeguarded Land for Education Facilities

Derbyshire County Council has formally notified the District Council of a number of sites within the District which they wish to safeguard for either future expansion of an existing school, or for the provision of a new school or playing field.

Policy ID6: Safeguarded Land for Education Facilities

  1. Land identified as safeguarded for education facilities on the Policies Map is safeguarded from development that could prejudice the provision of a new school, expansion of the existing school, or provision or expansion of a playing field in the following locations:
    1. Land at Renishaw Primary School, Hague Lane Renishaw
    2. Land at Lansbury Avenue, Pilsley
    3. Land at Mickley Infant School, Milton Avenue, Stretton
    4. Land at Unstone Junior School, Main Road, Unstone"

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map' – PMC/MM/1/01; PMC/MM/1/02; PMC/MM/2/01; PMC/MM/2/05; PMC/MM/3/01; PMC/MM/3/05; PMC/MM/5/01; PMC/MM/5/02; PMC/5/06.

Reason for modification

To ensure land required for education purposes is safeguarded from other development.


MM/119

Page 180, Para 9.77

Suggested modification

Amend final sentence of paragraph 9.77:

"…As a consequence, besideas well as the original route through Killamarsh the western alternative route will now beand the land safeguarded for the canal corridor is protectedsafeguarded through Policy ID89."

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map' – PMC/MM/3/02; PMC/MM/3/04.

Reason for modification

To reflect the updated plans showing the extent of land required for the Chesterfield Canal.


MM/120

Page 180, Policy ID8

Suggested modification

Amend Policy ID8, re-number policy and update policies map accordingly:

"Policy ID89: Chesterfield Canal

  1.  The original route of the Chesterfield Canal and land safeguarded for the canal corridor as identified on the Policies Map will be safeguardedprotected from development likely to prejudice its future restoration and its existing function of providing a quality green space and leisure route.
  2.  The western alternative route and land safeguarded for the canal corridor through Killamarsh as identified on the Policies Map will be safeguardedprotected from development that is likely to prejudice its implementation.
  3.  Development proposals associated with the recreational, leisure, nature conservation and historical potential of the Chesterfield Canal will be encouraged along its route., especially where they make a positive contribution to restore and/or enhance the Canal."
See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map' – PMC/MM/3/01; PMC/MM/3/02; PMC/MM/3/04.

Reason for modification

To reflect the updated plans showing the extent of land required for the Chesterfield Canal (see examination document ED20). To actively seek to enhance / restore the canal through development proposed on or adjacent to it.


MM/121

Page 182, Para 9.89

Suggested modification

Amend paragraph 9.89:

"The Council is committed to not only protect existing open space, sports and recreation facilities but to invest in existing facilities and new provision for local residents and to provide facilities that are accessible by sustainable modes of transport. To achieve this, financial contributions shouldwill be sought from relevant proposals which means that residential developments of 109 units or less are excluded. The Council's protocol on financial contributions will lay out a mechanism in more detail to calculate developer contributions."

Reason for modification

Update.


MM/122

Page 182, Para 9.91

Suggested modification

Amend paragraph 9.91:

"Any residential development which exceeds more than 10 dwellings and employment proposal or educational development of 1000 m2 floorspace and above will need to provide or contribute to urban green space, recreation sites, allotments and formal sports sites. The Council seeks to establish thresholds in relation to sizes of residential developments. It is assumed that residential developments with more than 50 dwellings would create a demand large enough for a new facility on-site. These thresholds are as follows:

- For proposals of more than 10 and up to 50 dwellings financial contributions for improvement of an existing off-site facility or for a new off-site provision will usually be required and

- For proposals of more than 50 dwellings on-site provision will usually be requested

With regards to sport facilities (playing pitches, non-pitch sports and indoor sport facilities) it is however often the case for smaller residential developments that they do not create demand for a whole pitch. In this case, the protocol would recommend making a financial contribution to increase the capacity of an existing site to meet demand generated from the development.

The Council's Developer Contributions Protocol lays out a mechanism in more detail to calculate financial contributions for open space, sport and recreation. The protocol advises which type of provision is needed most in the area including urban green space, recreation sites and allotments and formal sport sites. Whilst urban green space, recreation sites and allotments were assessed by the Recreation Survey and local standards apply, formal sport sites were assessed through the Playing Pitch Strategy and Indoor Sports Facilities Strategy."

Reason for modification

For clarity.


MM/123

Page 183 - 184, Para 9.92 – 9.96

Suggested modification

Insert new sub-headings & amend paragraphs 9.92 to 9.96 and Table 9.2:

"Urban Green Space, Recreation Sites and Allotments

"The protocol will also advise on which type of provision of open space, sport and recreation is needed most in the area. This would be based on findings of the Playing Pitch Strategy (PPS) and Indoor Sports Facilities Strategy (IFS) for formal sport sites and on the Recreation Survey for green space, recreation sites and allotments. To determine demand for playing pitches the Sport England's Playing Pitch Demand Calculator should be applied and the PPS to determine non-pitch demand. For urban green space, recreation sites and allotments the Local Quantity Standard derived from the Recreation Survey should be used as follows to determine demand for new residents:

Any residential development of 10 or more dwellings will need to provide or contribute to urban green space, recreation sites and allotments. Residential developments of 10 to 49 dwellings would usually be expected to contribute to such facilities off-site; and residential proposals of 50 or more dwellings would usually be expected to provide such facilities on-site , unless exceptions can be justified in line with the Developer Contributions Protocol.

Employment proposals for additional floorspace of 1000m2 or more should provide green spaces as part of the development.

Where these thresholds for residential developments apply, the protocol advises that the number of new residents needs to be established and the additional requirements for urban green space, recreation sites and allotments should be calculated. For this purpose, the Local Quantity Standard derived from the Recreation Survey should be used to determine demand for new residents (Table 9.1).

Table 9.1: Local Quantity Standard


Local Standard (ha/1000 population)

Urban Green Space

1.60

Informal Recreational Fields

0.35

Equipped Children's Play Spaces

0.09

Outdoor Youth Facilities

0.025

Allotments

25 plots per 1,000 households

If a financial contribution towards urban green space, recreation sites and allotments is required the Ward situation should be considered and compared to Quantity, Quality and Accessibility standards and determined which existing site should be upgraded or extended. For formal sport sites the Action Plan of the Playing Pitch Strategy would indicate which existing site should benefit. In both cases it is advised to consult with local partners (local clubs/groups, parish/town council, local allotment societies, etc.).

The Recreation Survey shows that the level of quality of urban green space, recreation sites and allotments can vary considerably throughout the district. It is envisaged that the quality of a facility should score 'Good' or 'Very good'. Therefore, where a facility scores only 'average' or 'poor' according to the quality assessment, financial contributions should be made to improve this site.

Also, the location of a proposal to existing facilities will vary from case to case. In determining which facility should be improved or extended the Accessibility Standard will be applied. Therefore, where the proposal site lies outside of the defined catchment area of one type of facility financial contributions should be sought to provide new provision which is closer to the proposal. The Accessibility standard is as follows:

For both off-site contributions and on-site provision, the Ward position should be considered and compared to the Quantity, Quality and Accessibility standards to determine which existing site should be upgraded or extended; or what type of new provision is required. It is also advised to consult with local partners (local clubs/groups, parish/town council, local allotment societies, etc.).

The Recreation Survey shows that the quality of urban green space, recreation sites and allotments can vary considerably throughout the district. It is envisaged that the quality of a facility should score 'Good' or 'Very good'. Therefore, where a facility scores only 'average', 'poor' or 'very poor' according to the quality assessment, financial contributions should be sought to improve the site.

The location of a proposal to existing facilities will also vary from case to case. In determining which facility should be improved or extended the Accessibility Standard should be applied. Where the proposed site lies within a defined catchment area, improvements to or extension of existing facilities should be considered. The Accessibility standard is as follows:

Table 9.2: Local Accessibility Standard

Facility

Straight Line Distance

Urban Green Space

Amenity green spaces & commons and Housing green spaces

Parks, Green corridors and Cemetery & Churchyards

280 metres (based on 5 min adult walking speed);

or 560 metres (based on 10 min adult walking speed)

Informal Recreational Fields

840 metres (based on 15 min adult walking speed)

Equipped Children's Play Spaces

240 metres (based on 5 min child walking speed

Outdoor Youth Facilities

560 metres (based on 10 min adult walking speed

Outdoor Sport Facilities

840 metres (based on 15 min adult walking speed

Allotments

560 metres (based on 10 min adult walking speed

In addition to providing on-site facilities or contributing to new off-sites facilities a development proposal will be required to cover maintenance costs.Based on identified need, financial contributions should be calculated for both maintenance and provision by using tables 1 to 3 in Appendix D.

Formal Sport Sites

Any residential development of 10 or more dwellings will need to contribute to the provision of formal sport sites.

Once the anticipated number of new residents is established the Developer Contributions Protocol advises the use of Sport England's Playing Pitch Demand Calculator to calculate playing pitch requirements. The calculator identifies associated costs for providing the required pitches. For non-pitch requirements (bowling and tennis) the Playing Pitch Strategy identifies current and future demand.

In most cases residential developments do not create sufficient demand for a whole pitch. In this instance, the protocol recommends making a financial contribution to increase the capacity of an existing site or to contribute financially to new provision off-site.

For off-site provision the nearest site(s) to the new development should be considered for contributions towards increasing capacity to meet likely need generated from the proposed development. This can be checked by using the Playing Pitch Strategy Assessment Report.

If financial contributions are found to be preferable, the Playing Pitch Strategy Action Plan should be used to identify existing sites for investment. The Action Plan makes suggestions how best to develop a specific facility.

In addition to providing on-site facilities or contributing to new off-site facilities, a development proposal will also be required to cover maintenance costs for both formal sport sites as well as urban green space, recreation sites and allotments."

Reason for modification

To clarify the policy approach to the provision of open space, sports and recreation facilities as part of new developments.


MM/124

Page 184 - 185, Policy ID9

Suggested modification

Amend parts 2 and 3 of Policy ID9 & make any necessary changes to the Policies Map:

"Policy ID109: Open Space, Sports and Recreation Facilities'

1. The Council will seek to protect and enhance all existing open space, sports and recreation facilities and any new provision added during the plan period. These facilities are shown on the Policies Map as:

  1.  Urban Green Space,
  2.  Recreation Sites,
  3.  Formal Sport Sites, and
  4.  Allotments.

Protection of existing facilities

2. Development proposasls that would result in the loss or isolation of the typologies 1a. to 1d. above will not be permitted unless:

  1.  An assessment has been undertaken that has clearly showsn there to be surplus in all of the typologies 1a. to 1d. above aboveto be surplus to requirements; or
  2.  The loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; the replacement facility should be made available prior to the loss; or
  3.  The development is for alternative provision of typologies 1a. to 1d. above, the needs of which clearly outweigh the loss; or
  4.  The proposed development is ancillary to the recreational or sports use of the site and does not adversely affect the quality of the sites in terms of its recreational or sports use; or
  5.  The proposed development only affects land that is incapable of performing a recreational or sports function.

Provision of new facilities

3. In line with Policy ID1For urban green space, recreation sites and allotments, financial contributions for a new off-site provision or for enhancing an existing off-site provisionfacilities will be sought from residential developments of 10 to 49and up to 50 dwellings, and employment proposals or educational developments of 1000 m2 floorspace and above. Unless exceptions can be demonstrated in line with the Developer Contributions Protocol, Oon-site provision will be required from residential developments of more than 50 or more dwellings. Employment proposals of additional floorspace of 1000m2 or more should provide green spaces as part the development.

4. To calculate necessary developer contributions the Council's protocol on financial contributions applies. Financial contributions will be sought towards the maintenance of all on-site and new off-site facilities and contributions towards new off-site provision and towards the enhancement of existing off-site provision (Appendix C).

4. The Developer Contributions Protocol should be used to establish financial contributions. For urban green space, recreation sites and allotments, local standards apply and financial contributions will be sought towards the maintenance of all on-site and new off-site facilities and contributions towards new off-site provision and the enhancement of existing off-site facilities (Appendix D).

5. For formal sport sites financial contributions will be sought from residential developments of 10 or more dwellings. To calculate playing pitch requirements and costs for new on-site or new off-site facilities, Sport England's Playing Pitch Demand Calculator should be used. Existing sites for investment and maintenance are identified by using the Playing Pitch Strategy Action Plan."

See the 'Schedule of Proposed Changes to the Publication Draft Local Plan Policies Map' – PMC/MM/1/03; PMC/MM/2/06; PMC/MM/3/05; PMC/MM/3/09

Reason for modification

For clarity.


Chapter 10: Monitoring and Implementation


MM/125

Page 187, Para 10.1-10.4

Suggested modification

Delete Chapter 10 heading and paragraphs 10.1 – 10.4 and insert revised text:

10 MONITORING AND IMPLEMENTATION

10.1 The Local Plan period covers a 16 year period, during which time it is likely that significant changes could occur which will affect the delivery of the Plan's Strategy. It may be, for example, that the rate of delivery of housing or employment land does not take place as anticipated, new previously developed sites may become available as a result of future economic changes, or new infrastructure may be required. Other changes may also require a review of the Local Plan, such as the emergence of new evidence. The Local Plan is intended to set out a clear path to delivery, but also to provide flexibility in order to respond to continuously changing circumstances.

10.2 The delivery of this Local Plan will be monitored on a continuing basis, and formally published through the Authority's Monitoring Report, which will propose any refinements or reviews at any stage during the Plan period.

10.3 For each policy, the Plan identifies relevant targets, indicators, and triggers for a review of the policy. This means that the effectiveness of each policy and implementation measure can be monitoring.

10.4 The table below sets out the indicators, targets and review triggers for each policy within the Local Plan. The delivery and monitoring mechanisms are also identified.

"10 MONITORING, REVIEW AND IMPLEMENTATION

10.1 The Local Plan covers a 20 year period, during which time it is likely that changes will occur which could affect the delivery of the Plan's Strategy. As such, the Local Plan must have clear arrangements for monitoring and review to ensure it continues to remain effective in its implementation.

10.2 The Plan will be monitored using the framework of policies, targets and indicators set out in Table 10.1. The approach does not involve monitoring all policies on an individual basis; rather it takes the Local Plan's objectives from Chapter 3 as the starting point and groups them under the three key themes of sustainable development: 'The Economy', 'The Community' and 'The Environment'. It then focuses upon those policies that are fundamental to the achievement of key targets and indicators that support the Plan's objectives and reflect the effectiveness of the Plan's strategy and strategic policies.

10.3 Table 10.1 identifies a set of targets and key indicators to describe the intention of the policy and set out in specific and measurable terms the desired outcomes of the plan's strategy together with details of how policies will be monitored.

10.4 The delivery of the Local Plan will be monitored on a continuing basis, and formally published through the Authority's Monitoring Report (AMR), on at least an annual basis. The Council through its AMR will consider whether the Plan is compromised in its effectiveness, the reasons for this, and whether any refinements or reviews to the Plan, either in whole or in part are required. Failure to achieve a target will not automatically trigger a plan or policy review.10.5 Failure to deliver new homes and/or identify a 5 year supply of housing land are the matters most likely to trigger the need for a review. Where the Housing Delivery Test indicates that the delivery of housing was substantially below (less than 75% of) the housing requirement over the previous three years, or in situations where it is anticipated that the Council cannot demonstrate a rolling five year housing land supply, a review of the Local Plan, in whole or in part, will be triggered. Alternatively, a significant change in National Planning Policy or baseline evidence may trigger a review, if this would render the Local Plan ineffective or incompatible with the Framework on a key matter.

10.6 There is a legal requirement to review local plan policies at least every 5 years from the date of adoption to assess whether they are in need of updating as prescribed by Regulation 10A of the Town and Country Planning (Local Planning) (England) Regulations 2012 (as amended) and paragraph 33 of the NPPF (2019).

Reason for modification

To reflect changes to the monitoring framework to focus on key indicators and targets and for clarity.


MM/126

Page 188-204, Monitoring Table

Suggested modification

Delete monitoring table of targets and indicators and replace with new Table 10.1:

See Annex 4 to the Schedule of proposed Main Modifications

Reason for modification

Update in response to new monitoring data.


Appendices


MM/127

Page 205, Before Appendix A

Suggested modification

Insert new Appendix A – List of saved policies of the 2005 Local Plan deleted by this Plan.

See Annex 1 to the Schedule of proposed Main Modifications.

Reason for modification

Required for soundness.


MM/128

Page 205, Appendix A

Suggested modification

Rename Appendix A: Housing Provision as Appendix B; and

Replace Housing Provision table in response to updated 2020 monitoring:

See Annex 5 to the Schedule of proposed Main Modifications.

Reason for modification

Consequential change to order of appendices and update in response to 2020 monitoring data.


MM/129

Page 207 - 211, Appendix B

Suggested modification

Rename Appendix B: Housing Trajectory as Appendix C; and

Replace the Council's Housing trajectory in response to 2020 monitoring:

See Annex 6 to the Schedule of proposed Main Modifications.

Reason for modification

Consequential change to order of appendices and update in response to 2020 monitoring data.


MM/130

Page 213, Appendix C

Suggested modification

Rename Appendix C: Calculation of Financial Contributions for Open Space and Recreation Facilities as Appendix D; and

Update figures based upon April 20192020Retail Price Index:

See Annex 7 to the Schedule of proposed Main Modifications.

Reason for modification

Consequential change to order of appendices and update in response to 2020 RPI data.


[1] Other scenarios are presented in the Report to provide a context/reality check.

[2] In Flood Zone 1, and FRA will only be required for sites over 1ha


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