Consultation Draft (February 2017)

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5. LIVING COMMUNITIES

(1) Introduction

5.1 The Local Plan aims to ensure that a wide choice of good quality housing is provided in the District to meet the needs of all sections of the community.  This chapter will identify housing allocations to support the levels of sustainable growth identified in the Spatial Strategy Chapter, policies which address the range of household needs, such as affordable housing, type and mix of housing, specialist housingand agricultural, forestry and other occupational dwellings. It also addresses the needs of Gypsies, Travellers and Travelling Showpeople.

(27) Housing Allocations

5.2 Allocating a site in the Local Plan establishes the principle that the development of the site for housing is acceptable.  Site allocations provide certainty both to developers and local people to help understand what may happen in their neighbourhood in the future.  They also help the Council and infrastructure providers to look at the cumulative impact of development and plan for future needs, such as school places, transport improvements and water capacity.

5.3 The Local Plan must provide for a sufficient quantity, quality, and type of housing in the right locations, taking account of need and demand.  Policies SS2: Scale of Development and SS3: Spatial Strategy and the Distribution of Development in Chapter 4 set out that the Local Plan will make provision for the delivery of a minimum of 6,600 dwellings over the period 2011-2033 (300 dwellings per annum). It describes that when deducting the dwellings that have already been built since 2011, 5584 dwellings will need to be found through allocations up to 2033. Chapter 4 also set out how this should be distributed by settlement.

5.4 Sites which have been allocated in the Local Plan to provide the supply of sites to meet the housing land requirement are listed in policy LC1: Housing Allocations. The Housing Trajectory at Appendix C shows how these housing allocations are expected to be delivered during the plan period, including the first five years.

5.5 Allocations have been made by balancing a range of considerations, such as the site's availability, suitability and deliverability, and also the findings of the Sustainability Appraisal process. They include sites with or without planning permission.

5.6 Although historically windfalls have made a positive contribution to housing delivery in the District[8], an allowance has not been factored into the calculation of housing supply, in order to provide more flexibility and with the aim of boosting the supply of housing. Minor sites with planning permission are also not relied on. The Council does, however, recognise that the supply from windfalls can vary across the District, and therefore will monitor windfall permissions particularly in the sub areas that are highly constrained, and if necessary review the Local Plan accordingly. The Council is also not relying on major sites with planning permission which do not accord with the spatial strategy.

5.7 There are also a number of sites across the District that have planning permission where there are deliverability concerns and / or a history of unimplemented permissions. As a result, for the purposes of the Local Plan this type of site is not being relied upon to deliver the housing land requirement.

5.8 The Plan will allocate only those housing sites which are capable of accommodating 10 or more dwellings. This threshold provides a good range of sites to be considered.  Smaller sites can be allocated by Neighbourhood Plans, providing proposals conform to the relevant policies of the Local Plan.

5.9 The Council recognises that it is critical to monitor the delivery of allocated sites to ensure that sufficient housing is coming forward and that a five year supply of deliverable sites continues to be available. If it becomes clear that this is not the case, the allocations in the Plan will be reviewed.

(38) 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 SS3: Spatial Strategy and the Distribution of Development:

Site

Approximate Capacity within Plan Period

Clay Cross


SS5 Former Biwater Strategic Site

560

a.Clay Cross South

400

b. Land North of Clay Lane, Clay Cross

25

c. Former Danesmoor Infant School, Clay Cross

22

d. Land at Broadleys, Clay Cross

10

e. Land at 117 Pilsley Road, Danesmoor

10

f. 83A Clay Lane, Clay Cross

10



Dronfield


g.Land off Shakespeare Crescent & Sheffield Road, Dronfield

235

h. Land at Hallows Lane, Dronfield

230

i. Land off Hilltop, Dronfield 

190

j. Land north of Eckington Road, Coal Aston, Dronfield

180

k. Land at Stubley Drive,Stubley Hollow, Dronfield

25



Eckington


l. Eckington South

400

m. Land at Staveley Lane, Eckington

90

n. Land at Bolehill Lane, Eckington

35

o. Bradley Lomas Electrolok Ltd, Church Street, Eckington

28



Killamarsh


p. Land at Westthorpe, Killamarsh

330

q. Land at Upperthorpe Road, Killamarsh

100

r. Land off Rotherham Road, Killamarsh

70

s.Land to the East of Barber's Lane, Killamarsh

60

t. Land off Primrose Road, Killamarsh

30

u. Land at 28 Ashley Lane, Killamarsh

14

v. Land off Boiley Lane, Killamarsh

14



Calow


w. Land at Churchmeadows, Calow

47            

x. Land at Top Road, Calow

21          

y. Land at Post Office, Top Road, Calow

14              



Grassmoor


z. Land at Windwhistle Farm, Grassmoor

155



Holmewood


aa. Allotments at Hunloke Road, Holmewood

138 

ab. Land to the South of, 205 Chesterfield Road, Holmewood

50    



Morton


ac. Land North of Stretton Road, Morton

100



North Wingfield


ad. North Wingfield Primary School and Land to the south

50 

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

50           

af. Land at 103/105 Williamthorpe Road, North Wingfield

40           

ag. Land South West of North Wingfield Junior School

25            



Pilsley


ah. Land at Station Road, Pilsley

175



Renishaw


ai. Land to the North East of Hague Lane, Renishaw

270



Shirland


aj. Land at Hallfieldgate Lane, Shirland

90         

ak. Land South of Park Lane, Shirland

70          

al. Land North of Park Lane, Shirland

70            



Stonebroom


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

85



Tupton


an. Land at Ankerbold Road, Tupton

240            

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

68              

ap. Land South of Sunningdale Park, Tupton

32



Wingerworth


SS4 The Avenue Strategic Site

710

aq. Land to the rear of 1 – 59 Adlington Avenue, Wingerworth

172 

Key Evidence Base

  • Land Availability Assessment (February 2017)
  • Sustainability Appraisal

You told us that...

Achieving sustainable growth in the District's most sustainable settlements is important, provided they contribute to the local community's infrastructure requirements.

Alternative Options considered but not selected...

The Council has considered several options for alternative site options to deliver the spatial strategy based on the Land Availability Assessment. These alternative options were subject to the Sustainability Appraisal process.

The NPPF tells us that...

Local planning authorities should boost significantly the supply of housing by identifying key sites which are critical to the delivery of the housing strategy over the plan period, i.e. years 1-5, years 6-10 and years 11-15 (paragraph 47).

Policy implements Local Plan Objective: D1, D5,

How will the policy be monitored?

Indicator:

  • Net housing completions per year

Target

  • Annual housing delivery target

Trigger for Review

  • Consistent under delivery against the target

5.10 A brief description of the sites allocated for housing development is given below.

(5) Clay Cross

SS5: Former Biwater Strategic Site

5.11 This strategic site is described in more detail at Policy SS5: Former Biwater Strategic Site.

(3) a. Clay Cross South

5.12 This site is located to the south of Clay Cross, is approximately 36.84 hectares in size and is expected to deliver approximately 750 dwellings in total. However, it is anticipated that only 400 of these will come forward within the Plan Period, with the remaining 350 dwellings post Plan period. Options for the creation of suitable highway access need to be assessed. Development may result in the gap between Clay Cross and Stretton diminishing, which would need to be taken into account in the design of the scheme. 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.

5.13 Additionally, the site includes existing allotments, which are expected to be retained or provided at an alternative location within the site area, in line with Policy ID3: Open Space, Sports and Recreation Facilities. The site may also have potential ecological constraints which would need to be assessed.

(2) b. Land North of Clay Lane, Clay Cross

5.14 This site is located in the south-west of Clay Cross, is approximately 1.27 hectares in size and is expected to deliver approximately 25 dwellings within the first five years after adoption of the Local Plan. Options for the creation of suitable highway access need to be assessed. 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.

c. Former Danesmoor Infant School, Clay Cross

5.15 This building and grounds are located in Danesmoor, Clay Cross, is approximately 0.64 hectares in size and is expected to deliver approximately 22 dwellings within the first five years. The site has outline planning permission for up to 20 dwellings and detailed planning permission for an additional 2 dwellings. The building is due to be demolished and a detailed planning application for 28 dwellings is currently pending decision.

(1) d. Land at Broadleys, Clay Cross

5.16 This building and grounds are located within the centre of Clay Cross, is approximately 0.36 hectares in size and is expected to deliver approximately 10 dwellings towards the end of the Plan Period. 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. It is located within Clay Cross Conservation Area and the design of any new development will need to reflect this.

(1) e. Land at 117 Pilsley Road, Danesmoor

5.17 This site is located in Danesmoor, Clay Cross, is approximately 0.29 hectares in size and is expected to deliver 10 dwellings within the first five years. The site has outline planning permission for 10 dwellings and a detailed planning application is currently pending. 

f. 83A Clay Lane, Clay Cross

5.18 This site is located in the south-west of Clay Cross, is approximately 0.52 hectares in size and is expected to deliver 10 dwellings within the first five years. The site has outline planning permission for 10 dwellings.

(553) Dronfield

(8) g. Land off Shakespeare Crescent & Sheffield Road, Dronfield

5.19 This site is located to the south east of Dronfield, is approximately 9.87 hectares in size and is expected to deliver approximately 235 dwellings. The majority is expected to be built within the first five 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. 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 to be retained within the layout of the development.

(28) h. Land at Hallowes Lane, Dronfield

5.20 This site is located to the south of Dronfield, is approximately 10.05 hectares in size and is expected to deliver approximately 230 dwellings towards the end of the Plan Period. A development proposal for this site would need to show 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. 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.

(13) i. Land off Hilltop, Dronfield 

5.21 This site is located to the south of Dronfield, is approximately 7.91 hectares in size and is expected to deliver approximately 190 dwellings. The majority is expected to be built within years 6 to 10 after adoption of the Local Plan. Options for the creation of suitable highway access need to be assessed. 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.

(38) j. Land north of Eckington Road, Coal Aston, Dronfield

5.22 This site is located to the north of Coal Aston, Dronfield, is approximately 14.39 hectares in size and is expected to deliver approximately 180 dwellings within the first five years after adoption of the Local Plan. The site includes sports grounds which are expected to be retained or provided at an alternative location, in line with policy Policy ID3: Open Space, Sports and Recreation Facilities. The site is located within the Moss Valley Conservation Area, and any impacts from the development proposal should be considered. 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.

(3) k. Land at Stubley Drive,Stubley Hollow, Dronfield

5.23 This site is located to the north of Dronfield, is approximately 1.76 hectares in size and is expected to deliver approximately 25 dwellings within the first five 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.

(10) Eckington

(9) l. Eckington South

5.24 This site is located to the south west of Eckington, is approximately 19.38 hectares in size and is expected to deliver approximately 400 dwellings. The majority is expected to be built within the first 10 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.

5.25 The site also has some sensitive ecological features along the southern boundary which would need to be addressed and a suitable buffer created. 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.

m. Land at Staveley Lane, Eckington

5.26 This site is located to the south of Eckington, is approximately 4.66 hectares in size and is expected to deliver 90 dwellings within the first five years. The site has outline planning permission for 90 dwellings.

(119) n. Land at Bolehill Lane, Eckington

5.27 This site is located in the west of Eckington, is approximately 1.42 hectares in size and is expected to deliver 35 dwellings. The site is expected to be built within years 6 to 10 after adoption of the Local Plan.

o. Bradley Lomas Electrolok Ltd, Church Street, Eckington

5.28 This site is located within the north east of Eckington, is approximately 1.3 hectares in size and is expected to deliver 28 dwellings within the first five years. The site has outline planning permission for 28 dwellings.

(17) Killamarsh

(7) p. Land at Westthorpe, Killamarsh

5.29 This site is located to the south of Killamarsh, is approximately 15.6 hectares in size and is expected to deliver approximately 330 dwellings within the first ten years after adoption of the Local Plan. A development proposal for this site would need to show that the nearby highway network has sufficient capacity for this scale of development, or that improvement works can be carried out. Consideration will also need to be given to the design of future junction(s).

5.30 The site may also 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.

(6) q. Land at Upperthorpe Road, Killamarsh

5.31 This site is located to the south east of Killamarsh, is approximately 3.98 hectares in size and is expected to deliver approximately 100 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 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.

(3) r. Land off Rotherham Road, Killamarsh

5.32 This site is located to the north east of Killamarsh, is approximately 3.06 hectares in size and is expected to deliver approximately 70 dwellings towards the end of the Plan Period. 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 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.

(2) s.Land to the East of Barber's Lane, Killamarsh

5.33 This site is located to the north of Killamarsh, is approximately 2.13 hectares in size and is expected to deliver approximately 60 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. A small north-western part of the site is located within Flood Risk Zone 2, which would need to be taken into account in a development proposal. 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.

5.34 The site is located in close proximity to the Chesterfield Canal. Development should protect the route of the canal and encourage proposals that enable the reinstatement of the canal in line with Policy SP4: Killamarsh.

t. Land off Primrose Road, Killamarsh

5.35 This site is located to the north of Killamarsh, is approximately 2.87 hectares in size and is expected to deliver 30 dwellings within the first five years after adoption of the Local Plan. The site is located in close proximity to the Chesterfield Canal. Development should protect the route of the canal and encourage proposals that enable the reinstatement of the canal in line with Policy SP4: Killamarsh.There is a resolution to grant planning permission for 30 dwellings, subject to the signing of the S106 agreement.

u. Land at 28 Ashley Lane, Killamarsh

5.36 This site is located within the east of Killamarsh, is approximately 0.47 hectares in size and is expected to deliver 14 dwellings within the first five years after adoption of the Local Plan. The site has had planning permission for 17 dwellings and currently a planning application is pending for 14 dwellings.

v. Land off Boiley Lane, Killamarsh

5.37 This site is located to the south of Killamarsh, is approximately 0.53 hectares in size and is expected to deliver 14 dwellings within the first five years after adoption of the Local Plan. The site has planning permission for 14 dwellings.

(2) Calow

(1) w. Land at Churchmeadows, Calow

5.38 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 five 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. There is a resolution to grant planning permission for 47 dwellings, subject to the signing of the S106 agreement.

x. Land at Top Road, Calow

5.39 This site is located to the east of Calow, is approximately 1.08 hectares in size and is expected to deliver 21 dwellings within the first five years after adoption of the Local Plan. The site has outline planning permission for 21 dwellings and a Reserved Matters application is pending for 20 dwellings.

(1) y. Land at Post Office, Top Road, Calow

5.40 This site is located within the centre of Calow, is approximately 0.66 hectares in size and is expected to deliver 14 dwellings within the first five years after adoption of the Local Plan. The site includes the current Post Office. Any development proposal would be expected to retain this facility or provide it at an alternative appropriate location.

(1) Grassmoor

z. Land at Windwhistle Farm, Grassmoor

5.41 This site is located to the south east of Grassmoor, is approximately 6.82 hectares in size and is expected to deliver a further 155 dwellings within the first five years. The site has planning permission for 159 dwellings and is currently under construction.

(1) Holmewood

aa. Allotments at Hunloke Road, Holmewood

5.42 This site is located in the centre of Holmewood, is approximately 5.86 hectares in size and is expected to deliver a further 138 dwellings within the first five years. The site has planning permission for 160 dwellings and is currently under construction.

(1) ab. Land to the South of, 205 Chesterfield Road, Holmewood

5.43 This site is located to the north west of Holmewood, is approximately 1.74 hectares in size and is expected to deliver 50 dwellings within the first five years after adoption of the Local Plan. The site has outline planning permission for 50 dwellings.

(2) Morton

(3) ac. Land North of Stretton Road, Morton

5.44 This site is located to the north west of Morton, is approximately 3.81 hectares in size and is expected to deliver approximately 100 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.

North Wingfield

ad. North Wingfield Primary School and Land to the south

5.45 This site is located in the centre of North Wingfield, is approximately 1.68 hectares in size and is expected to deliver approximately 50 dwellings within the first five years after adoption of the Local Plan. The southern part of site has had outline planning permission for 24 dwellings and currently an application for full permission is pending. The northern part of the site is occupied by the former North Wingfield Primary and Junior School for which demolition has been approved.

5.46 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 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.

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

5.47 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 after adoption of the Local Plan. The site has planning permission for 50 dwellings.

af. Land at 103/105 Williamthorpe Road, North Wingfield

5.48 This site is located to the east of North Wingfield, is approximately 0.99 hectares in size and is expected to deliver approximately 40 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. The site may also 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.

ag. Land South West of North Wingfield Junior School

5.49 This site is located in close proximity to the centre of North Wingfield, is approximately 1.03 hectares in size and is expected to deliver approximately 25 dwellings towards the end of the Plan Period. The site may have potential ecological constraints which would need to be assessed. 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.

(1) Pilsley

(2) ah. Land at Station Road, Pilsley

5.50 This site is located to the east of Pilsley, is approximately 9.89 hectares in size and is expected to deliver approximately 175 dwellings within the first ten years after adoption of the Local Plan. The western part of the site has planning permission for 77 dwellings. A development proposal for the entire 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.

5.51 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.

(30) Renishaw

(6) ai. Land to the North East of Hague Lane, Renishaw

5.52 This site is located to the south of Renishaw, is approximately 12.82 hectares in size and is expected to deliver approximately 270 dwellings within the first ten 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 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.

(4) Shirland

aj. Land at Hallfieldgate Lane, Shirland

5.53 This site is located to the north of Hallfieldgate Lane, Shirland, is approximately 4.46 hectares in size and is expected to deliver approximately 90 dwellings within the first five years after adoption of the Local Plan. The site has outline planning permission for 107 dwellings and a Reserved Matters application is pending for 92 dwellings.

ak. Land South of Park Lane, Shirland

5.54 This site is located to the south east of Shirland, is approximately 2.57 hectares in size and is expected to deliver approximately 70 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. The site may have potential ecological constraints which would need to be assessed.

al. Land North of Park Lane, Shirland

5.55 This site is located to the south east of Shirland, is approximately 2.69 hectares in size and is expected to deliver approximately 70 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.

5.56 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.

(11) Stonebroom

(3) am. Land to the rear of 21-55 Kingsley Crescent, Stonebroom

5.57 This site is located to the south east of Stonebroom, is approximately 3.27 hectares in size and is expected to deliver approximately 85 dwellings, some within the first five years after adoption of the Local Plan, with the remainder towards the end of the Plan Period. 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.

(1) Tupton

(6) an. Land at Ankerbold Road, Tupton

5.58 This site is located to the east of Tupton, is approximately 10.13 hectares in size and is expected to deliver approximately 240 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. 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.

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

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

ap. Land South of Sunningdale Park, Tupton

5.60 This site is located to the south of Sunningdale Park Tupton, is approximately 1.07 hectares in size and is expected to deliver 32 dwellings or park homes within the first five years after adoption of the Local Plan. The site has outline planning permission for 32 dwellings and full permission for 20 park homes, which would substitute part of the outline permission.

(3) Wingerworth

SS4: The Avenue Strategic Site

5.61 This strategic site is described in more detail at Policy SS4: The Avenue Strategic Site.

aq. Land to the rear of 1 – 59 Adlington Avenue, Wingerworth

5.62 This site is located to the east of Wingerworth and the Adlington Estate, is approximately 5.17 hectares in size and is expected to deliver a further 172 dwellings within the first five years. The site has planning permission for 178 dwellings and is currently under construction.

Housing Need, Range and Choice

5.63 National Planning Policy encourages the creation of sustainable, inclusive and mixed communities. This requires different types and tenures of housing to support the range of households expected to arise in the future; of different sizes, ages and incomes. The Local Plan evidence identifies a range of household need, and affordable and market housing provision. The key studies which have been used to inform this section of the Local Plan are:

  • Housing Needs, Market and Affordability Study (HNMA), 2011
  • The North Derbyshire and Bassetlaw Strategic Housing Market Assessment (SHMA), 2013
  • SHMA Sensitivity Testing Analysis, 2014

5.64 The Council is currently working with its strategic partners within the Housing Market Area to update the Strategic Housing Market Assessment. An overall Plan Viability Assessment will also be carried out to inform the Publication Draft Local Plan. The outcome of these may affect the policies in this chapter.

(3) Affordable Housing

5.65 Many households in North East Derbyshire who lack their own housing or live in unsuitable housing cannot afford to buy or rent housing at market rates.  These households require affordable housing. 

5.66 Affordable housing includes 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 fall within the definition of affordable housing.

5.67    Affordable housing is generally delivered through three main mechanisms:

  • Homes and Communities Agency programmes and delivered by Registered Providers
  • Direct funding by Registered Providers or the Council
  • Approval of planning applications, negotiated through Section 106 Agreements

5.68  The Strategic Housing Market Assessment (SHMA) was undertaken in 2013 for all four authorities in the Housing Market Area.  It estimated what type and amount of housing is required in the District, including the need for affordable housing.  Its findings supported the results of the earlier Housing Needs, Market and Affordability Study (HNMA) in 2011 for North East Derbyshire alone in identifying a high need for affordable housing in the District. The SHMA estimated that in North East Derbyshire 560 affordable housing units per year would be needed over the next 5 years (482 per year to 2031) to fully meet all affordable housing need.

5.69    Given the funding context for affordable housing and the viability of residential development in parts of the HMA, the SHMA concluded that the scale of need identified is significantly in excess of the levels that are possible to achieve within the confines of available government grant, or through cross subsidy from private housing development.

5.70 The Housing Needs, Market and Affordability Study (2011) included an economic viability assessment which recommended that 30% affordable housing could be delivered across the District, and up to 40% in the West Sub-Area. In view of the current market conditions the percentages established in the 2011 HNMA study are considered to be achievable at this time. However, the percentages will be updated with the addition of the Plan's viability assessment.

5.71 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. The percentage of affordable housing required on larger development sites  (>100 dwellings) will apply to the number of dwellings expected to be commenced within five years. A re-assessment of affordable housing provision on the site will be required at no more than three year intervals. Should housing be delivered more quickly than expected then the re-assessment will be brought forward, otherwise the initial percentage will be applied.

5.72   Affordable housing should be provided on site in most cases, but in some instances, it may not be possible or appropriate to do so.  Examples could include where the provision of a very small number of affordable units may be difficult for a Registered Provider to manage, where off-site contributions would deliver more affordable housing than if provision was made on-site, and this provision is assured, or where the site was in an area where there was already an oversupply of affordable homes.

5.73The Housing and Planning Act 2016 has introduced a new legal framework for the delivery of Starter Homes. The Act defines Starter Homes as new dwellings only available for purchase by qualifying first-time buyers which are to be sold at a discount of at least 20 per cent of market value, and less than the price cap of £250,000 outside Greater London. The Government published a technical consultation document on the Starter Homes regulations in March 2016, but final Regulations have not been published yet. Amendments to policy LP12 may be necessary in light of these new Regulations. The Housing White Paper, February 2017, indicates a change in focus from starter homes to a wider range of affordable housing.

(19) POLICY LC2:  Affordable Housing

To contribute towards meeting the needs of North East Derbyshire's existing and future residents, all new housing proposals of more than 10 dwellings will be required to provide a percentage of affordable housing in accordance with the table below.

Percentage of Affordable Housing to Apply

Part of District

Percentage required

West Sub-Area:

40%

North, South & East Sub-Areas:

30%

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 shall be provided in a tenure neutral way, in small groups or clusters distributed through the site.

The provision of affordable housing may be varied where:

a.It can be demonstrated that the level of affordable housing sought would make a 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' procedure, that the required percentage of affordable housing would not be achievable. Should the Council be satisfied with the level of viability, a lower provision may be negotiated; or

b. The off-site provision of affordable housing can be demonstrated to have benefits such as the provision of additional affordable dwellings, or the improvement or a better use of existing housing stock and would contribute to the creation of mixed and balanced communities; or

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

d.      For very large sites (>100 dwellings), the delivery of all dwellings on site would extend over a long period, within which market conditions may vary.


Key Evidence Base

  • National Planning Policy Framework
  • Strategic Housing Market Area Assessment (SHMA) 2013
  • SHMAA Sensitivity Testing Analysis 2014
  • Housing Needs, Market and Affordability Study (HNMA) (2011)
  • Development Management monitoring system

You told us that...

The Plan should include a policy regarding affordable housing, to contribute towards meeting the needs of the District's residents. The viability of affordable housing delivery should be considered and based on up to date evidence.

Alternative Options considered but not selected...

None.

The NPPF tells us that...

The LPA must plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community, It must identify the size, type, tenure and range of housing required in particular locations reflecting local demand. Where a need for affordable housing is identified it must set policies for meeting this need on site unless off site provision or a financial contribution of broadly equivalent value can be robustly justified.  Housing needs should be defined in a Strategic Housing Market Assessment (para 50).

Policy implements Local Plan Objective: D5

How will the policy be monitored?

Indicator:

  • Percentage of affordable units delivered on and off site per eligible scheme
  • Affordable housing units approved and completed by tenure type
  • Loss of affordable housing by affordable units by tenure type

Target

  • Affordable housing targets in policy

Trigger for Review

  • Applications approved below target without an 'open book' procedure taking place

(22) Exception Sites for Affordable Housing

5.74 Exception sites, where planning permission may be granted for local needs housing on sites where residential development would not normally be allowed, are an established tool to provide affordable housing. The sites can help to maintain the viability and sustainability of rural communities.  However, the availability of public funding for affordable housing has been reduced significantly in recent years.  This has led to viability issues for registered providers. Therefore in order to bring about the delivery of affordable housing, in some limited circumstances it may be appropriate to allow a small element of market housing in order to cross subsidise the provision of affordable housing where this meets a local housing need.

5.75 Housing on rural exception sites must meet a genuine identified local need in areas where no other appropriate sites are available within the defined boundaries of the settlement.  This need will have to be confirmed by a survey carried out by the developer, in conjunction with the Council's Housing service, prior to the submission of a planning application. A local survey may also include (parts of) settlements in neighbouring authorities, where appropriate.

5.76 Housing provided on exception sites must remain available for affordable local need in perpetuity.  Planning Conditions and/or Section 106 agreements will be required to ensure this. As well as meeting local needs, exception housing should reflect demand for particular sizes, types and tenure of houses, and be affordable in perpetuity.  The justification for housing development on such sites can only be made on the basis of pressing local need for affordable housing which cannot be met in other ways.

5.77 Whilst policy LC3: Exception Sites For Affordable Housing seeks to provide 100% affordable exception sites, it also allows for a subsidiary element of market housing on sites outside the Green Belt and in circumstances where it can be satisfactorily proven that this would facilitate the delivery of an identified local affordable housing need through a registered provider.  Proposals for an element of market housing must be supported by a viability assessment which will be reviewed by the District Valuer to ensure that the proportion of market housing provided is no greater than that required to deliver the agreed amount of affordable housing without the need for public subsidy.  The market units must at all times be subsidiary to the affordable housing element.


(14) Policy LC3:  Exception Sites for Affordable Housing

Development proposals for affordable housing which would be contrary to Policy SS14 (Development in the Countryside), and for limited affordable housing within the Green Belt will be permitted where:

a) They would provide affordable housing which would meet a proven need which is supported by an up to date local housing needs survey that would not be met by a market housing proposal; and

b) They are of a size, type, tenure, occupancy and cost suitable to meet identified local needs; and

c) They have a close association with the built up part of settlements within level 1 to 3 or neighbouring authority areas; and are modest in scale, in keeping with the form and character of the settlement, and local landscape setting; and

d) It can be demonstrated that the properties will be allocated to those who are in local housing need, and will remain affordable in perpetuity; and

e) Proposals in the Green Belt do not have an unacceptable impact on the openness of the Green Belt.

A small, subsidiary element of market housing may be permitted on sites outside of  the Green Belt, where it can be demonstrated that:

f) The market housing element is limited in proportion to that which is essential to enable the delivery of a viable affordable housing scheme to meet local needs, as demonstrated through a viability assessment; and

g) Proposals are of a size, type, tenure, occupancy and cost suitable to meet identified local needs and (where applicable) be designed to ensure the integration of affordable and market housing such that they differ only in terms of tenure, i.e. not design, type or size.

Development proposals for specialist housing, including nursing homes and extra care schemes, which would be contrary to Policy SS14 (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 level 1 to 3 or neighbouring authority areas; and are modest in scale, in keeping with the form and character of the settlement, and local landscape setting.

Key Evidence Base

  • National Planning Policy Framework

You told us that...

The Plan should address the need for affordable housing.

Alternative Options considered but not selected...

Omitting a policy which would allow exceptions housing would not allow local housing need to be addressed.

The NPPF tells us that...

In rural areas, exercising the duty to cooperate with neighbouring authorities,

local planning authorities should be responsive to local circumstances and

plan housing development to reflect local needs, particularly for affordable

housing, including through rural exception sites where appropriate. Local

planning authorities should in particular consider whether allowing some

market housing would facilitate the provision of significant additional affordable housing to meet local needs." (NPPF para 54).

The construction of new buildings in the Green Belt should be regarded as inappropriate. However, it also sets out a number of exceptions including "limited affordable housing for local community needs under policies set out in the Local Plan." (NPPF para 89). 

Policy implements Local Plan Objective: D5. D13

How will the policy be monitored?

Indicator:

  • Number of housing units approved on Exception Sites, by Sub-Area

Target

  • No Target

Note: While not contributing to planned provision, once constructed such housing will be included in the Authority Monitoring Report under past completions.

Trigger for Review

  • None


(5) Type and Mix of Housing

5.78There is a need for a mix of homes of different types and tenures to meet the requirements of a range of household sizes, ages, and incomes across the District. There may also be an over or under supply of a particular house type in an area. 

5.79 National policy is that local authorities should deliver a wide choice of high      quality homes, widen opportunities for home ownership, and create sustainable, inclusive and mixed communities.

5.80 The joint Strategic Housing Market Assessment (SHMA) identifies the need and demand for, and the supply of, specific types of housing[9] and makes recommendations in relation to the mix of housing. The SHMA recommends the following for North East Derbyshire (An update to the SHMA may amend these figures):

Table 5.1: Size Mix for New Market Housing

The size mix for new market housing should comprise:

1 bedroom homes

0 -5%

2 bedroom homes

30-35%

3 bedroom homes

40-45%

4 or more bedrooms

20- 25%

Table 5.2: Size Mix for Affordable Housing

The size mix for affordable housing should comprise:

1 bedroom homes

40-45%

2 bedroom homes

35-40%

3 bedroom homes

10-15%

4 or more bedrooms

5-10%

Table 5.3: Tenure Mix for Affordable Housing

The tenure mix for affordable housing should comprise:

Intermediate (including shared ownership)

5%

Affordable Rent

35%

Social Rent

60%

5.81 It should be noted that these figures are indicators against which delivery is monitored rather than a target for each individual site. On some sites, it will not be appropriate to be prescriptive on the housing composition for a single scheme, particularly on smaller sites where it may be impractical, or where there are specific physical site constraints that may limit the range of housing that it possible, or where there may be market demand or viability issues. Such issues will always be considered and explored in negotiation with developers using the latest information from housing need studies as a basis.

5.82 In 2015 the Government announced a new approach to the setting of technical housing standards in England. This standard deals with internal space within new dwellings and is suitable for applications across all tenures. It sets out requirements for the Gross Internal (floor) Area of new dwellings at a defined level of occupancy as well as floor areas and dimensions for key parts of the home, notably bedrooms, storage and floor to ceiling height.

5.83 The national technical standards can only be required through a Local Plan policy, which is based on a clearly evidenced need and consideration of their impact on viability. The Council is currently investigating whether there is a need to include a requirement to comply with the nationally described spacestandard within Policy LC4. If the need exists, the impact of its inclusion within the policy will also be assessed through the viability assessment.

5.84 The District has an ageing population, with large increases predicted in the population of over 65 years and particularly those over 85 years to 2030.  This will have implications for suitable housing provision now and in the future in terms of specialist housing both in the affordable and market housing sectors.  The SHMA 2013 recommends that Councils include specific policies in their plans supporting the provision of specialist accommodation to meet older people's needs. and that Councils should consider the inclusion of specific policies requiring provision of homes for those with disabilities on major development sites where there is an identified local need.

5.85 Disability, either temporary or permanent, can affect everyone at some stage of their lives. 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. It will encourage developers and other agencies to provide dwellings which will enable more people to remain in their homes, if they become disabled or infirm, and live as independently as possible in the community. New housing can easily be designed from the outset to be suitable for adaptation to meet the needs of these groups of people.

5.86 The SHMA indicates that there is a particular shortage of market housing and intermediate housing which is suitable for older people. This shows that a far greater amount of housing of various types will be needed to meet older people's needs and rising aspirations in the future. This includes bungalows, accessible apartments, supported retirement housing with resident or visiting wardens, and housing with high levels of care provision. All new housing provided for older people must meet high standards of accessibility and amenity relevant to their needs. The Council will also be sympathetic to households needing to extend or adapt their existing homes in order to care for older relatives, where any related impacts are acceptable. Access to high speed broadband will allow access to emerging online healthcare initiatives.

5.87 In order to support the ageing population and the specific needs of people with disabilities, the Council encourages all new dwellings to be made accessible and adaptable. However, on development proposals of 10 and above dwellings, the council expects 20% of all homes to be accessible and adaptable by meeting requirement M4(2) of the Building Regulations. This percentage may be updated with the addition of the Plan's viability assessment.

5.88 In cases where mobile homes, residential caravans and chalets are occupied as a main residence, it will be subject to the same planning considerations as conventional housing. These dwellings require essentially the same range of services and utilities for their proper functioning as conventional housing. As a result, planning applications for this type of accommodation will be judged against the same Local Plan policies as applications for conventional dwellings in similar locations.

(10) POLICY LC4:  Type and Mix of Housing

Development proposals for new housing should seek to ensure an appropriate mix of dwelling types, and sizes, taking account of existing imbalances in the housing stock, site characteristics, and viability and market considerations.

Where practical and viable, the Council expects all new build market and affordable housing (across all tenures) to comply with the DCLG's 'Technical housing standards – nationally described space standard' or any subsequent government standard.[10]

The Council will support the provision of housing for older people and specialist housing provision, across all tenures, including level access flats, houses, bungalows, and sheltered housing or extra care schemes, in appropriate locations, close to services and facilities.  The Council will also support the provision of specialist housing, including nursing homes and residential facilities, in appropriate locations and where there is an identified need and where proposals accord with other policies of the Plan.

In order to ensure that older people are able to secure and sustain their independence in a home appropriate to their circumstances, development proposals of 10 or more dwellings should provide 20% accessible and adaptable dwellings, unless viability evidence indicates it is not possible. These accessible and adaptable dwellings should meet requirement M4(2) of the Building Regulations 2015 or any subsequent government standard. 

Key Evidence Base

  • National Planning Policy Framework
  • Strategic Housing Market Area Assessment (SHMA) 2013
  • North East Derbyshire Housing and Economic Development Strategy

You told us that...

The Plan should provide for a mixed choice of high quality homes, which reflect the character of the local area. The Plan should address the needs of an ageing population.

Alternative Options considered but not selected...

None

The NPPF tells us that...

LPAs should deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities.  To do this, LPAs should plan for a mix of housing based on current and future demographic trends, market trends, and the needs of different groups in the community (such as, but not limited to, families with children, older people, people with disabilities, service families and people wishing to build their own homes).  They should also identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand (para 50).  The NPPF promotes sustainable forms and patterns of development in appropriate locations and respect the site characteristics.  It also promotes efficient use of land.  It states that to boost significantly the supply of housing, LPAs should set out their own approach to housing density to reflect local circumstances. (para 47).

Policy implements Local Plan Objective: D1, D5

How will the policy be monitored?

Indicator:

  • Housing units approved and completed by dwelling type,size and tenure, per Sub-Area
  • Percentage of approved and completed housing units that meet the specific needs of older people by tenure type.

Target

  • Compliance with policy requirement

Trigger for Review

  • Applications approved below target without an 'open book' procedure taking place

Self Build

5.89 The Council is keen to encourage self build development within the District, and is committed, along with the Government to overcoming a range of practical problems which are faced by people who wish to build their own homes. The Self-Build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) defines self build and custom housebuilding as "the building or completion by -

a) Individuals,

b) associations of individuals, or

c) persons working with or for individuals or associations of individuals, of houses to be occupied as homes by those individuals.

5.90 But it does not include the building of a house on a plot acquired from a person who builds the house wholly or mainly to plans or specifications decided or offered by that person." This is understood to mean that individuals or groups of individuals are directly involved in the design process of their house, rather than decisions being made for them. 

5.91 The Council has set up a register of individuals and associations who are looking for serviced plots of land in the district on which to build their own homes. To date, very few people have expressed an interest in this type of house building in North East Derbyshire. However, the register has only recently been set up (April 2016), and it is therefore considered that it would be appropriate to make provision to enable this type of house building. Policy LC5 below includes the requirement for at least 5% of dwelling plots to be set aside as serviced plots for sale to custom or self buildings. This percentage may be updated with the addition of the Plan's viability assessment.

(7) Policy LC5: Custom and Self Build Dwellings

For development proposals of twenty or more dwellings at least 5% of the dwelling plots shall be set aside as serviced plots for sale to custom or self builders, excluding dwellings that are apartments or involve the change of use or conversion of existing buildings.

These plots shall be made available and marketed appropriately for at least 12 months. Marketing should be through an appropriate agent as well as to those on the Council's Custom and Self Build Register. If the plots have not been sold, they may either remain on the open market as custom build or be built out by the developer or landowner as appropriate. Evidence of the results of the sustained marketing strategy will need to be submitted.

Key Evidence Base

  • National Planning Policy Framework
  • NEDDC Custom and Self Build Register

You told us that...

Although no specific comments have been maderegarding custom and self build dwellings, there are currently 4 entries on the Custom and Self Build Register.

Alternative Options considered but not selected...

None

The NPPF tells us that...

Local Authorities should help to deliver a wide choice of high quality homes, widen opportunities for home ownership and create inclusive and mixed communities, by planning for the needs of different groups in the community such as people wishing to build their own homes (para. 50)

Policy implements Local Plan Objective: D5

How will the policy be monitored?

Indicator:

  • Number of custom and self build housing delivered

Target

  • Compliance with policy requirement

Trigger for Review

  • Applications approved below target

Residential Extensions

5.92 Additional space created by an extension to a dwelling and the erection or alteration to outbuildings and other structures, are recognised as acceptable means of meeting changes in household space requirements. However, extensions can also have a significant impact on the neighbours' enjoyment of their property, as well as having an impact on character and appearance of the area.

5.93 Extensions should be properly integrated with the existing dwelling and respect the character of neighbouring properties and the street scene in general, whilst safeguarding the privacy and amenity of neighbouring properties.

5.94 In some instances, additional accommodation is required for a dependant person to enable them to live alongside a carer. This can take the form of an extension to the carer's dwelling, the conversion of a suitable outbuilding or the erection of a separate self-contained unit of accommodation. All the normal policy provisions will apply to all applications for ancillary accommodation. However, standards of privacy and amenity may be relaxed in relation to the main dwelling, but not in relation to neighbouring properties. In such circumstances the occupation of the accommodation will be tied by condition to the occupation of the main dwelling.

Policy LC6: Residential Extensions

Where planning permission is required, extensions and alterations to dwellings or outbuildings which are ancillary to the main residential use, will be permitted provided that the proposals:

a) respect the scale, proportions, materials and overall design andcharacter of the existing property; 

b) do not harm the street scene or local area, including the loss of characteristic boundary features, original estate layout and landscaping;

c) avoid significant loss of privacy and amenity for the residents of neighbouring properties; and

d) do not compromise highway safety.

Key Evidence Base

  • NPPF

You told us that...

Extensions should not affect the privacy of neighbouring properties.

Alternative Options considered but not selected...

None

The NPPF tells us that...

Planning should be a creative exercise in finding ways to enhance and improve the places in which people live their lives, as well as seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings (para 17).

Policy implements Local Plan Objective: D13

How will the policy be monitored?

Indicator:

  • Non identified

Target

  • No Target

Agricultural, Forestry, And Other Occupational Dwellings In The Countryside

5.95 Much of the district is rural in character. In many instances it will be possible for workers in agricultural and land-based occupations to live in a town or village near to their business location. However, occasionally the nature of agricultural and other rural businesses make it essential for someone to live on, or in close proximity to the business.

5.96 Such dwellings should be commensurate with the needs of the holding and not the person requiring the accommodation. Unusually large dwellings in relation to the needs of the unit, or expensive construction in relation to the income it can sustain, will not be permitted.

5.97 Where a new dwelling is permitted, this will be the subject of a condition ensuring the occupation will be limited to a person solely or mainly working, or last working in the locality in agriculture, horticulture, forestry, equestrian activities or other rural business (or a surviving partner of such a person, and any resident dependents). Policy LC7 aims to ensure the housing needs of people working in essential rural occupations are met.

(1) Policy LC7: Agricultural, Forestry and Other Occupational Dwellings in the Countryside

Planning permission for a new dwelling in the countryside based upon the essential needs of agriculture and forestry shall be permitted where all of the following criteria are met:

a) 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;

b) the size of the proposed dwelling is appropriate to its functional need;

c) in all cases a financial test is also submitted to demonstrate the viability of the business proposed or as proposed to be expanded;

d) the dwelling cannot be provided by adapting or converting an existing building on the holding;

e) the proposed dwelling is located within or adjacent to the existing farm buildings or other dwellings on the holding;

f) the proposed dwelling does not involve replacing a dwelling disposed of as general market housing;

g) the design of the proposed dwelling is in harmony with the landscape character type and appearance of the countryside;

h) occupancy is limited by way of a planning condition or obligation.

Any proposal for a farm unit which has been subject to fragmentation, or is known to be about to be affected by it, shall be subject to planning obligations to tie the dwellings to adjacent farm buildings to prevent them being sold separately.

Key evidence base

  • National Planning Policy Framework (March 2012)

You told us that...

This issue has not previously been the subject of specific consultation.

Alternative options considered but not selected...

None at this stage given the requirements of the NPPF.

The NPPF tells us that...

Council's should avoid new isolated homes in the countryside unless there are special circumstances including the essential need for a rural worker to live permanently at or near their place of work in the countryside (paragraph 55).

Policy implements Local Plan Objective: D1

How will the policy be monitored?

Indicator: Compliance with policy

Target: All occupational dwellings in the countryside to be in accordance with this policy

Trigger for Review: Trend in appeals granted contrary to policy

5.98 In order to retain the property for its intended use, a restrictive condition will be included on any planning approval for a dwelling allowed under policy LC7: Agricultural, Forestry and Other Occupational Dwellings in the Countryside limiting its occupation to a person solely or mainly, or last working in agriculture, forestry or a rural enterprise.

5.99 However, it is accepted that there will be circumstances where these dwellings are no longer required for the purpose for which they were originally intended. Any application to remove a restrictive occupancy condition for any dwelling in the countryside will need to demonstrate that the need for which the dwelling was approved originally, no longer exists. Policy LC8 below sets out the criteria the Council will apply to any application to remove a restrictive condition to ensure that such dwellings can remain available. An applicant would be expected to appropriately market the dwelling for a reasonable period at a realistic market price for an agricultural tied dwelling to establish whether it could meet the existing functional needs of another local farm or rural business. Evidence demonstrating how this requirement has been investigated will need to be included to support any application to vary or remove a restrictive occupancy condition. Policy 9 aims to provide guidance on the removal of agricultural occupancy conditions, and avoid the proliferation of new dwellings in unsustainable locations.

Policy LC8: Removal of Agricultural and Other Occupancy Conditions

Planning permission for the removal of a restrictive occupancy condition for an agricultural, forestry or other similar worker on a dwelling will only be given where it can be evidentially shown:

a) That there is no longer a continued need for the property on the holding or for the business;

b) There is no long term need for a dwelling with restricted occupancy to serve a need in the locality;

c) The property has been marketed locally for an appropriate period (minimum 18 months) at an appropriate price and evidence of marketing is demonstrated.

Key evidence base

  • National Planning Policy Framework (March 2012)

You told us that...

This issue has not previously been the subject of specific consultation.

Alternative options considered but not selected...

None at this stage given the requirements of the NPPF.

The NPPF tells us that...

Council's should avoid new isolated homes in the countryside unless there are special circumstances including the essential need for a rural worker to live permanently at or near their place of work in the countryside (paragraph 55).

Policy implements Local Plan Objective:D5

How will the policy be monitored?

Indicator: Compliance with policy

Target: Changes in the use of all former occupational dwellings in the countryside to be in accordance with this policy

Trigger for Review: Trend in appeals granted contrary to policy

(1) Gypsies & Travellers

5.101 National Policy, 'Planning Policy for Traveller Sites' (PPTS) aims to ensure that local authorities increase the number of sites in suitable locations to address under provision, reduce tensions between the settled community and traveller communities in their plan making.

5.102 Local Plans need to provide for the likely permanent and transit site accommodation needs of travellers in their area, working collaboratively with neighbouring authorities. In producing the Plan a local authority should identify a five year supply of deliverable sites and a six to ten year supply of developable sites[11]. The Local Plan also should include fair, realistic and inclusive policies. If there is a lack of affordable land to meet local traveller needs in rural areas, local planning authorities should consider using a rural exception site policy for traveller sites.

5.103 The estimated need for Gypsies, Travellers, and Travelling Showpeople in North East Derbyshire is set out in the Gypsies and Travellers Accommodation Assessment[12], a study prepared jointly with neighbouring local authorities. It sets out a requirement for 15 additional pitches between 2014-2034; of these, 6 will be needed between 2014-2019, with 3 for each five-year period to 2034. The needs assessment recommends smaller sites (i.e. one or two pitches) to accommodate single or extended family groupings with good access to the strategic road network, services and facilities.

5.104 Land ownership and owners' intentions are critical to identifying deliverable sites. The viability of site development is also problematic without subsidy or owner's commitment. For this reason 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.

5.105 Discussions with the Derbyshire Gypsy Liaison Group (DGLG) have explored the suitability of potential sites and general locations from the traveller community's perspective. 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.

5.106 To date, no site proposals for travellers sites have come forward which allow the council to propose site allocations. Work on identifying potential allocations is continuing and may bring forward, now or during the Plan period, sites in council or public ownership.

5.107 There is a recognition of the difficulties in identifying specific deliverable sites and also the recommendations in National Policy Guidance. Local Plan policy LC9 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.

5.108 For example the re-use of redundant farm buildings or small employment sites in countryside locations as amenity buildings in association with the siting of a small number of caravan pitches could be acceptable in certain circumstances. This would utilise previously developed land and provide a viable future in a similar way to employment re-use. Other policies of the Plan, especially Green Belt and countryside, would still need to be accounted for.

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


(3) POLICY LC9: Provision for Traveller Sites

Sites to meet the accommodation needs of gypsies, travellers, or travelling show people will be allocated where possible to meet a need identified through an independent assessment.

Development proposals which would otherwise be contrary to Policy SS14 (Development in the Countryside) will be granted for sites for travellers including gypsies and travelling showpeople where the proposed development:

a) Meets a need identified in an independent assessment[13];

b) Would result in an acceptable living environment for its residents; and

c) Is sympathetic to the scale of the adjoining settlement, its local services and infrastructure; and large enough to provide for adequate on-site facilities, including parking, storage, residential amenity, and, where appropriate, business use; and

d) Is accessible to local services and facilities (including schools, healthcare, and other local facilities, including public transport; and

e) Has safe highway access and adequate provision for parking and servicing; and

f) Would not have a significant impact on the character of the area or the  amenity of adjoining or nearby land, or the carrying out of employment activities; and

g) Is designed to be sufficiently enclosed, including boundary treatments and buffer strips, so as to prevent encroachment on, and maintain the amenity and continued use of, adjoining land; and

h) Would not cause unacceptable nuisance to existing neighbours by virtue of noise and other disturbance caused by on-site activity or the movement of vehicles to and from the site; and

i) Will allow for mixed use yards and, for Travelling Showpeople, provide space for the storage of equipment; and

j) Will only be for the accommodation of travellers (as defined in National Planning Guidance) in perpetuity, and

k) Will only exceptionally and where need can be demonstrated be for more than 5 pitches.

Proposals for the re-use or limited redevelopment of redundant farm or employment buildings in the countryside will be encouraged, as long as the above criteria are met.

Applications for new sites and refurbishment of existing sites should meet the design guidelines as detailed in National Guidance, where possible and relevant.

Key Evidence Base

  • National Planning Policy Framework
  • Planning Policy for Traveller Sites (PPTS)
  • Derbyshire Peak District and East Staffordshire Gypsies & Travellers Accommodation Assessment 2014

You told us that...

Provision for Traveller Sites should be made in appropriate areas which do not have a negative impact on existing residents and their communities Preferably this should be adjacent to existing traveller sites.

Alternative Options considered but not selected...

None. Policy conforms with national policy and guidance

The NPPF tells us that...

National Policy requires LPAs to set pitch targets for Gypsies and Travellers and plot targets for travelling showpeople which address the likely permanent and transit site accommodation needs, working collaboratively with neighbouring authorities.  A five year supply of deliverable sites and a five to ten year supply of developable sites should be identified in locations which are sympathetic to the scale of nearby settlements and protect local amenity (Planning Policy for Traveller Sites. (CLG, 2011, paras 8&9)

Policy implements Local Plan Objective: D5

How will the policy be monitored?

Indicator:

  • Net additional Traveller pitches and plots approved and completed

Target

  • To meet identified need

Trigger for Review

  • No applications for Traveller pitches and plots approved within 5 years after adoption of the Local Plan


[8] 329 dwellings have been completed on small sites between 2011 and 2016.

[9] The difference between supply and demand indicates any imbalance in the housing stock by housing type and size.

[10] The Council is currently investigating whether there is a need for this requirement within the policy. If a need is not evident, the requirement will be deleted from the policy.

[11]  The Local Authority, as at April 2016, does not have a supply of Traveller sites in line with the recommendations of theNational  Planning Policy for Traveller Sites.

[12] Derbyshire Peak District and East Staffordshire Gypsies & Travellers Accommodation Assessment 2014

[13]  This will be the current GTAA or its replacement.

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