3.1 The Approved Derbyshire Structure Plan (1990) sets the overall level of housing to be provided in the district during the period 1987-2001. In Bolsover District the approved structure plan provides for about 4,400 new dwellings, including redevelopment and conversions. The local plan period extends beyond 2001 to 2005, however, so that provision needs to be made for an extra four years' housing supply.
3.2 General Development Strategy Policy 3 of the Derbyshire Structure Plan designates priority areas. The whole of the plan area is a priority area "where new development will be approved and other measures taken to help alleviate economic social or environmental problems and promote regeneration."
3.3 The local plan must indicate where new residential development would be appropriate and include proposals to control its layout and design.
3.4 The aims of the local plan policies for housing are:
1. To provide sufficient land for housing to meet demand arising from population changes and desirable inward migration levels.
2. To ensure that the housing needs of every settlement are catered for, either within the settlement or in its locality.
3. To ensure that there is a choice of affordable housing of all types with a range of tenures.
4. To consider the location of special needs housing in terms of accessibility and proximity to shops and services.
5. To ensure that developments are built to a standard which provides an acceptable living environment, in accordance with the council's published guidance.
HOUSING LAND REQUIREMENTS 1995-2005
3.5 The approved structure plan provides for about 4,400 new dwellings,
including redevelopment and conversions over the period 1987-2001. To
demonstrate that the local plan is in conformity with the structure plan,
an assessment has been carried out to try to establish how many new dwellings
are likely to be built in the district by the end of the structure plan
period (2001). This assessment reveals that in addition to the 3,498 dwellings
already completed, the total capacity of all 'identified' sites (sites
with planning permission, sites permitted pending legal agreement and
sites proposed as allocations in this plan), which are developable within
the remaining three years of the structure plan period, is about 1,420
dwellings. Construction of this many dwellings is most unlikely, however,
since the average annual completion rate for the district over the last
11 years is 317 dwellings per year (close to the 314 per year provided
for by the Structure Plan). This rate is not expected to vary significantly
over the remaining years. It is therefore expected that a total of about
4,450 dwellings will be constructed in the district during the structure
plan period 1987 - 2001; that is, 3,498 + (317x3). In this respect, therefore,
the local plan conforms with the Approved Derbyshire Structure Plan (1990).
(i) Completions (1987 - 1998 ) 3,498
PROVISION IS MADE FOR APPROXIMATELY 2,240 NEW DWELLINGS TO BE CONSTRUCTED WITHIN THE PLAN AREA, DURING THE PERIOD APRIL 1998 - MARCH 2005.
3.10 There are a number of sites within the district that currently have planning permission, and a number where development is acceptable in principle but a planning obligation needs to be entered into before the applications are determined. These sites are referred to as commitments and include both large and small sites. (The large sites are indicated, for information only, on the proposals map.) Generally speaking such permissions will be renewed, unless technical considerations or a change in circumstances indicates otherwise. Whilst these sites have been identified for residential purposes, other uses which would be acceptable within the settlement framework may be acceptable on such sites providing the criteria set out in GEN 1 are complied with. In the case of land at Doe Lea it is considered that office development as well as housing would be suitable (see paragraph 4.41 and policy EMP 6) with hotel development also appropriate (see paragraph 6.73 and policy CLT 14).
3.11 Planning permission was granted in August 1993 for a major mixed development south of Shirebrook. The permission has now lapsed but the East Midlands Development Agency (formerly English Partnerships) is still pursuing a major mixed development scheme. The local plan policy for a mixed development regeneration package in this area is EMP 2, but elements of the scheme are also described in paragraphs 4.19 to 4.23, 6.13 and policy CLT3. The proposal will provide residential land for up to 735 dwellings, of which about 185 are expected to be completed within the plan period.
NEW HOUSING DEVELOPMENTS
3.12 With seven years of the plan period left to run the provision of land for 5,650 dwellings in Bolsover District has almost been met by completions, sites under construction, sites with planning permission and other sites which are also considered "committed". It would appear from these figures that no further development sites need to be released, within the structure plan period, to realise the provision required by the strategic plan. This would mean that no new sites would be identified in the local plan for residential development. However, whilst the overall provision for housing in the district is numerically adequate to enable a five year supply of building land to be available at all times throughout the local plan period it is important that the sites available should be appropriate. Government advice in PPG3 - 'Housing' (1992) states that "Sites need to be free from planning, physical and ownership constraints and must also be capable of being developed economically, be in areas where potential house-buyers want to live and be suitable for the wide range of housing types which the housing market requires". The local plan also needs to ensure that some flexibility is incorporated to allow for allocations which may not be completed or developed during the plan period (a rate of 10% is assumed), and that the sites which are available are in the right location to meet the needs identified. The local plan seeks to achieve these objectives by identifying a range of sites which it considers to be suitable for residential development. In addition applications for residential development on small sites and redevelopment sites within settlement frameworks will be considered in light of the overall provision of housing land in the district at that time. In assessing this level of provision, regard will be had to the most recent annual residential land supply survey, and how the level of completions and commitments at that time meet the structure plan requirements.
WITHIN SETTLEMENT FRAMEWORKS, APPLICATIONS FOR RESIDENTIAL DEVELOPMENT ON SMALL SITES AND REDEVELOPMENT SITES WITHIN SETTLEMENT FRAMEWORKS WILL BE CONSIDERED IN THE LIGHT OF THE HOUSING LAND PROVISION SITUATION AT THAT TIME (USING INFORMATION FROM THE MOST RECENT ANNUAL RESIDENTIAL LAND SUPPLY SURVEY), TOGETHER WITH OTHER RELEVANT MATERIAL CONSIDERATIONS. PLANNING PERMISSION WILL BE GRANTED SUBJECT TO CONDITIONS PROVIDING THE PROPOSALS COMPLY WITH THE POLICIES AND PROPOSALS IN THIS LOCAL PLAN.
3.14 Sites which have been identified in the plan for residential development are listed in policy HOU 3. These sites have been identified to ensure that the housing needs of each sub-area are met during the plan period. Allocations have been made by balancing the range of considerations which determine development potential including the availability of services, accessibility and ease of development, with environmental and visual considerations of land quality, impact on the countryside and integration with existing settlements. It should be noted, however, that over the years the most suitable and easy to develop sites will generally have been built, leaving the less suitable sites for future development. A number of the allocated sites have had planning permission in the past which has now lapsed, and four sites which were allocated in previously adopted local plans are included in this plan. A brief description of the sites allocated for housing development is given below.
3.15 Park Lane, Pinxton 2.3ha
This redevelopment site lies to the west of Park Lane and within the settlement framework. The site is smaller than that originally proposed in the consultation draft plan, and could accommodate about 48 dwellings. Provision should be made for a childrens' play area (or equivalent facility) and for formal recreation/sports facilities in accordance with policy HOU 5. A public footpath (No. 11), the route of which should be safeguarded and incorporated into the layout of the site, crosses the site. Provision should be made for affordable housing as set out in policy HOU 6.
3.16 North of Church Street, Pinxton 0.8 ha
This site lies north of Church Street, south of Lambcroft Road. Frontage development only would be acceptable along Church Street, and land to the rear of the site should be accessed from Lambcroft Road with an emergency access to Church Street. The site could accommodate about 20 dwellings. If this capacity is met the site would be expected to make provision for a children's play area (or equivalent open space) and formal recreational/sports facilities in accordance with policy HOU 5.
3.17 Storth Lane, Broadmeadows 0.5 ha
The county council has formally stated it no longer requires a site to be reserved for a primary school/nursery school and associated playing fields on the Broadmeadows development. The Broadmeadows Policy Plan specifically allowed for housing development if the site was not required for a school. A different arrangement has now been agreed, however, whereby the former school site would be used for community uses, and another site at Storth Lane, Broadmeadows previously reserved for community uses would be developed for housing instead. The site could accommodate about 13 dwellings. Since the deposit plan was published, planning permission has been granted for the development and construction has now started.
3.18 Birchwood Lane, South Normanton 5.6 ha
Following an objection to the deposit draft local plan the Inspector recommended inclusion of this site for about 150 dwellings on the west side of Birchwood Lane. The site is grade 4 agricultural land, and is considered to be well related to existing development which surrounds it on three sides. The council has accepted the Inspector's view that this extra allocation is required to meet structure plan provision in this sub area.
3.19 Vehicular access should be taken from Birchwood Lane by means of a new roundabout. Provision should also be made for walking, cycling and horse riding access through the site to the bridleway known as the ' Coal Road'. In addition the site should make provision for a children's play area (or equivalent facility) and for formal recreational or sports facilities in accordance with policy HOU 5. The layout should allow for softening of the settlement edge as described in policy GEN 11. Provision should be made for affordable housing as set out in policy HOU 6.
3.20 Primrose Hill, Blackwell 2.0 ha
This site at Primrose Hill is allocated to meet the needs of Blackwell.
The site could accommodate approximately 45 dwellings, and should make
provision for the softening of the settlement edge to the east by an appropriate
20 metre wide landscaped belt and the variable design and orientation
of buildings. In addition the site should make provision for a children's
play area (or equivalent facility) and for formal recreational or sports
facilities in accordance with policy HOU 5. Since the publication of the
deposit draft plan, planning permission has been granted for this development
and construction has started.
This site is considered suitable for either housing development or non-industrial employment development. Access to the site should be from the old Mansfield Road and should be in accordance with the highway authority's requirements for the particular development. If the site is developed for housing it could accommodate about 20 dwellings and would be expected to make provision for a children's play area and for formal recreational or sports facilities. It may be appropriate to combine these facilities with the development of other sites off Mansfield Road, Doe Lea. The site is crossed by the route of a public footpath (No.22), this should be maintained and incorporated into the layout of the development. A slope stability report may be required with applications for planning permission on this site in accordance with policy GEN 7.
3.22 Land at East Street / North Street, Doe Lea 4.4 ha
This site is considered suitable for either housing development, non-industrial employment development or hotel use. Access to the site should be derived from East Street off Mansfield Road or North Street and be in accordance with the highway authority's requirements for the particular type of development. The site could accommodate about 110 dwellings if developed solely for housing but in view of its suitability for other uses the site should provide a minimum of 75 dwellings and should make provision for a children's play area (or equivalent facility) and for formal recreational or sports facilities in accordance with policy HOU 5, and include provision for the softening of the settlement edge to the west by a landscaped belt and the variable design and orientation of buildings. A slope stability report will be required with applications for planning permission on this site in accordance with policy GEN 7. Provision should be made for affordable housing as set out in policy HOU 6.
3.23 Terrace Lane, Pleasley 2.27 ha
This site lies to the south-west of Pleasley and is bounded to the south by a recreation ground and allotments to the south-west. The northern boundary of the site is formed by the former railway line which is used as a bridleway. Footpath access to this bridleway from the development site should be considered as part of the site's development. Development of the site will be required to fund improvements to the junction of Terrace Lane and Newboundmill Lane. The site could accommodate about 56 dwellings and should make provision for a childrens' play area (or equivalent facility) and for formal recreational or sports facilities in accordance with policy HOU 5. Provision should also be made for the softening of the settlement edge by means of an appropriate 20 metre wide landscaped belt, to the west, and by the variable design and orientation of dwellings. A slope stability report will be required with applications for planning permission on this site in accordance with policy GEN 7.
3.24 Acreage Lane/Field Drive, Shirebrook 0.8 ha
This site lies to the south of Shirebrook town centre. The site has had planning permission in the past which has now lapsed. The site should be accessed from Field Drive only (not Acreage Lane) and the route of footpath No. 9, which runs along the western boundary of the site, should be safeguarded. The site could accommodate about 20 dwellings. If this is the case the site would be expected to make provision for a childrens' play area (or equivalent facility) and for formal sport or recreational facilities in accordance with policy HOU 5. Since publication of the deposit draft plan, planning permission has been granted for this development.
3.25 Land off Long Lane, Shirebrook 0.5 ha
This site was previously allocated in the Shirebrook Centre Local Plan (adopted 1990. Although it was initially allocated in the Consultation Draft Bolsover District Local Plan for a combined rear servicing and car parking scheme, this scheme is no longer considered necessary and the site can revert to residential use. The site should be accessed from Long Lane and will accommodate about 10 dwellings. No open space requirement is necessary for the development of this site, however, the route of footpath No. 19 which runs through the site should be safeguarded.
3.26 Land off Main Street, Carr Vale 2.0 ha
This site was allocated in the previously adopted Old Bolsover and Hillstown Local Plan (Adopted 1993). The site could accommodate about 50 dwellings and should make provision for a children's play area (or equivalent facility) and for formal recreation/sports facilities in accordance with policy HOU 5. Provision should be made for the softening of the settlement edge to the south by an appropriate 20 metre landscape belt and the variable design and orientation of buildings. Provision should be made for affordable housing as set out in policy HOU 6.
3.27 Land off Adin Avenue, Shuttlewood 2.1 ha
This site lies to the north-west of the village and was originally allocated in the adopted Old Bolsover and Hillstown Local Plan (adopted 1993). The site could accommodate about 50 dwellings and should make provision for a children's play area (or equivalent facility) and for formal recreation/sports facilities in accordance with policy HOU 5. Provision should be made for the softening of the settlement edge to the west by an appropriate 20 metre landscape belt and the variable design and orientation of the buildings. Development of this site depends on the improvement of the sewage treatment facilities serving Shuttlewood. Provision should be made for affordable housing as set out in policy HOU 6.
3.28 Land off Church Road, Stanfree 1.4 ha
This site, west of Church Road, Stanfree was the subject of a number of planning permissions in the 1980's and lies within the settlement framework as defined in the Old Bolsover and Hillstown Local Plan (adopted 1993). Development of the site could accommodate about 37 dwellings and should be in the form of a cul-de-sac off Church Road. Development would be expected to make provision for a children's play area and contribute towards the provision or improvement of formal recreation/sports facilities in accordance with policy HOU 5.
3.29 Land Adjacent to Model Village, Creswell 5.5 ha
This site lies to the south of Creswell Model Village and includes the grounds of Yorke House (the former Colliery Manager's house) which lies in the conservation area, and a football pitch. Development of this site could accommodate about 135 dwellings and should be designed to harmonise with that of the Model Village, as such the open spaces immediately adjacent to the Model Village should be maintained to protect its setting. Improvements to the highway access through the Model Village will be required, as will a 25 metre buffer between the Model Village, the employment site and the allocation. The development of this site is likely to generate sufficient junior aged children for the council to seek to negotiate the provision of additional educational facilities. In addition, provision should be made for a childrens' play area and formal recreational and sports facilities in accordance with policy HOU 5. The loss of a full size football pitch to development should normally be compensated off site in accordance with policy CLT 6. The site is crossed by a public footpath and a trail runs along the western boundary to Elmton Close, the route of these paths should be safeguarded and provision should be made by the development to allow users of the trail to exit onto Elmton Close. Since publication of the deposit draft plan, planning permission has been granted for this development.
3.30 Land off Skinner Street, Creswell 5.4 ha
This site, which lies to the north of Creswell village centre, was allocated in the Northern Parishes Local Plan (adopted 1990). Access to the site should be from Linden Road and must meet the highway authority's requirements for residential access roads. It is expected that the site will accommodate about 135 dwellings and would be required to make provision for children's play and other open space facilities and for formal recreation/sports facilities in accordance with policy HOU 5. The site lies adjacent to the Marklands estate which is under construction; the development of this site also requires the provision of children's play facilities, it may, therefore, be appropriate to make joint provision of open space to serve both sites. The development of this site is likely to generate sufficient junior aged children for the council to seek to negotiate provision of additional educational facilities. Provision should also be made for affordable housing as set out in policy HOU 6.
3.31 Westlea Cottages, Clowne 0.6 ha
This site lies to the north-west of the centre of Clowne, west of Boughton Lane. A number of planning permissions have been granted for residential development of the site since the early 1980's. Access to the site should use and upgrade the existing access from Boughton Lane. The site could accommodate about 16 dwellings and is not likely to require open space provision, unless it is developed at a higher density.
THE FOLLOWING SITES ARE IDENTIFIED ON THE PROPOSALS MAP FOR HOUSING IN THE PERIOD APRIL 1998 - MARCH 2005:
FOR SITES 5,7,11 AND 12 ABOVE THE DEVELOPMENT WILL BE REQUIRED TO BE DESIGNED TO SOFTEN THE SETTLEMENT EDGE, BY LANDSCAPING, BUILDING ORIENTATION AND DESIGN.
IN ORDER TO ENSURE THAT DEVELOPMENT ON THESE SITES IS SERVED BY THE REQUISITE INFRASTRUCTURE, THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS ON PLANNING PERMISSIONS OR SEEK TO ENTER INTO A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990.
*Also suitable for non-industrial employment
development (EMP 6).
In 1970 at Alfreton Road/Cragg Lane, Newton a site of 6.2 hectares was granted planning permission in outline for residential development of approximately 111 dwellings. In the time since, only five dwellings have been completed and the site was never fully approved in detail. The site is large and quite prominent; it will, therefore, be necessary to provide a substantial landscaped area within the south, south western and south eastern boundaries of at least 20 metres to reduce the impact of the development on the open countryside and the Old Blackwell Conservation Area. Building design and orientation will also be an important consideration, particularly as part of the site will fall within the proposed Newton Conservation Area and the development will need to make appropriate provision for open space in accordance with policy HOU 5. Taking account of these requirements, the site is likely to accommodate about 130 dwellings at 25 dwellings per hectare.
DEVELOPMENT OF LAND FOR HOUSING AT ALFRETON ROAD/CRAGG LANE, NEWTON SHALL BE REQUIRED TO BE DESIGNED TO SOFTEN THE IMPACT OF DEVELOPMENT BY LANDSCAPING, PARTICULARLY ON THE SOUTHERN BOUNDARIES, AND BY BUILDING ORIENTATION AND DESIGN.
3.35 For each structure plan sub-area the number of dwellings built since 1987 or committed at 31ST March 1998 (as set out in paragraph 3.7 above), together with the sites allocated in HOU 3, is as follows:
A detailed breakdown of these figures is shown in the residential land supply survey 31st March 1998 at Appendix 2 of the plan.
QUALITY OF HOUSING ENVIRONMENT
3.36 It is important that housing developments are built to a standard which provides a good quality living environment. New housing development will be acceptable within the settlement framework provided it relates well to the existing environment without detracting from the surrounding locality. Several policies in this local plan deal with these issues, in particular GEN 1, 2 and 3, and TRA 14 and 15. It is important that development protects the amenity, (which includes space, light, privacy and circulation), afforded to both existing and proposed users of buildings, particularly residential developments where residents should be able to enjoy a reasonable standard of amenity in both their house and garden. To advise developers in this respect the local planning authority publishes supplementary planning guidance (SPG) which has been prepared in consultation with the public and with builders and designers, (in particular a document called "Housing Layout and Design"). This SPG is not part of the local plan, but can be obtained separately. The guidance is not intended to stifle, or act as a substitute for, imaginative design. The authority will encourage imaginative designs and, where reasonable standards of amenity can be achieved, will apply the requirements flexibly.
OUTDOOR RECREATION AND PLAY SPACE PROVISION FOR NEW HOUSING DEVELOPMENTS
3.37 The local planning authority recognises that the provision of adequate public open space is an essential requisite of an acceptable urban environment, and that every new dwelling increases the demand for local public open space from children and adults for play, sports and general recreation and leisure use. The local planning authority takes the view that developers should provide the open space facilities to meet the need generated by their development unless it can be demonstrated that the needs of the new population can be met by an existing oversupply of open space within an acceptable distance of the proposed development. In this context the council will use 400m direct walking distance as a guide to the area over which the assessment should take place, however consideration will also be given to other factors such as the type of open space facilities, the terrain, and presence of roads and other hazards.
3.38 The local planning authority has a responsibility to take full account, in development control decisions, of the community's need for recreational open space (see PPG17 - 'Sport and Recreation' 1991). In line with government advice an assessment has been made of existing open space provision in the plan area and how this meets its open space needs. Policy CLT 6 will ensure that existing open space will not be lost to development unless it can be justified or unless replacement facilities are provided. Policy CLT 7 identifies sites which the council would like to see developed for open space within the plan period.
3.39 All new residential development (including flats but excluding residential homes, nursing homes and sheltered accommodation) creates a potential need for public open space facilities. The council believes that this need should be addressed by the developer rather than the local authority, to ensure that the construction of new houses does not put additional pressure on existing facilities. New residential development within the plan area will, therefore be expected to make provision for the open space need generated by that development in accordance with the National Playing Field Association standard of 2.4 ha per 1,000 population (sub-divided into 1.7 ha for formal recreational/sports space and 0.7 ha for informal neighbourhood open space including children's play areas).
3.40 To enable the council to apply this standard to planning applications the council will make an assumption on outline applications, that 25 dwellings will be constructed per hectare, and (based on the average size of existing households) that each new house will be occupied by 2.5 people. Using the open space standards set out in HOU 5 new dwellings will be expected to make provision for 60 sq.m. of open space per dwelling (40 sq.m. of formal recreation/sports space and 20 sq.m. of informal neighbourhood open space).
3.41 On smaller developments it will not be possible or practical to make this provision, the council will, therefore, only require the open space standards on development sites of 20 or more dwellings, or on sites which form part of a larger site with a potential capacity of 20 or more dwellings.
INFORMAL NEIGHBOURHOOD OPEN SPACE
3.42 The requirements for informal neighbourhood open space will be achieved through negotiation with applicants to achieve the standards in a way which is most appropriate for the development. This may mean that certain types of development will need to provide open spaces with something other than play equipment, for example a garden for use by people in wheelchairs or a covered seating area, or a "village green". On smaller unequipped areas of informal open space the council will require the provision of some kind of play or community focus (such as a seating or meeting area or a ground feature which could stimulate play). Exceptionally, the informal neighbourhood open space requirement of a development may be met by contributions in lieu of provision towards improvements to nearby facilities. Contributions in lieu of provision will be secured through a Section 106 planning obligation.
FORMAL OPEN SPACE (SPORTS/RECREATION GROUNDS)
3.43 With the exception of very large development sites, developers are unlikely to be able to meet the formal open space requirements on site. Where this is the case the council will seek to negotiate financial contributions in lieu of actual provision. Contributions will be used by the council to make new or improve existing sports facilities within the locality from which contributions have been derived. Contributions in lieu of provision will be secured through a Section 106 planning obligation.
FUTURE MAINTENANCE OF OPEN SPACE PROVIDED BY DEVELOPERS
3.44 The maintenance of new open space is the responsibility of the owner and where a developer makes on-site open space provision (both informal and formal open space) the council will ensure that appropriate arrangements are made to maintain the site in the future. This will be secured by conditions attached to the planning permission. If areas of the open space are offered to the council for adoption, a 10 year maintenance contribution will normally be required as a condition of accepting the site in accordance with council policy. Maintenance payments will not normally be required in association with contributions in lieu of on-site provision unless the contribution will be used to make provision actually on or adjacent to the development site where it will be of principal benefit to the development, in accordance with the advice of Circular 1/97.
3.45 Supplementary planning guidance on the design and location of informal neighbourhood open space (including play spaces) and sports and recreational space will be published by the local planning authority. A strategy identifying where new open space facilities or improvements to existing facilities may be necessary, will be prepared when resources allow. This will help to ensure that funds generated by developments will be spent on appropriate facilities and within a reasonable period of time. The types of open space facilities which the council will be seeking to achieve, together with details of how the policy will be implemented, are given in the council's Supplementary Planning Guidance "Housing Layout and Design".
UNLESS ADEQUATE PROVISION IS MADE OR ALREADY EXISTS NEW HOUSING DEVELOPMENTS OF 20 OR MORE DWELLINGS, (OR WHICH FORM PART OF A LARGER SITE WITH THE POTENTIAL CAPACITY FOR 20 OR MORE DWELLINGS) (INCLUDING FLATS, BUT EXCLUDING RESIDENTIAL HOMES, NURSING HOMES AND SHELTERED ACCOMMODATION) WILL BE REQUIRED TO MAKE PROVISION FOR LOCAL PUBLIC OPEN SPACE AND RECREATION FACILITIES IN ACCORDANCE WITH THE FOLLOWING STANDARDS:
2.4 HA OF OPEN SPACE PER 1,000 POPULATION DIVIDED INTO:
THE OPEN SPACE REQUIREMENTS OF A DEVELOPMENT WILL BE ASSESSED USING THESE STANDARDS, AND AN ASSUMPTION OF THE AVERAGE HOUSEHOLD DENSITY AND SIZE. THE REQUIREMENTS WILL ALSO BE ASSESSED IN RELATION TO THE NATURE OF THE DEVELOPMENT PROPOSED AND ITS RELATIONSHIP WITH EXISTING OPEN SPACE PROVISION IN THE AREA.
TO ENSURE THAT THE REQUISITE FACILITIES ARE SECURED AND MAINTAINED, THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS ON PLANNING PERMISSIONS OR SEEK TO ENTER INTO A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990.
3.47 The following table should be used as a guide to the sort of informal neighbourhood open space which the council will seek to achieve on development sites.
3.48 The Government has indicated in PPG3 - 'Housing' (1992), and in Circular 6/98 which supplements PPG3, that the need for affordable housing can be a material planning consideration. Where there is sufficient evidence of need for such housing, local planning authorities can indicate an overall target for the provision and seek to negotiate with developers for the inclusion of an element of affordable housing.
3.49 Definition of "Affordable"
Circular 6/98 says that the term "affordable housing" encompasses both low-cost market and subsidised housing (irrespective of tenure or financial arrangements), that will be available to people who cannot afford to rent or buy houses generally available on the open market.
3.50 House prices within Bolsover District have traditionally remained relatively low. In addition there has, and continues to be, considerable housing association activity within the plan area which further increases the choice for residents. A variety of housing type and tenure which meets this definition of 'affordable' is, therefore available in the district. To assess whether there is actually sufficient affordable housing available to meet local needs, the council commissioned a district-wide housing need survey.
3.51 The survey took place in 1997, and provides an indication of the level of mismatch between supply and demand for affordable housing at that point in time. The survey divided the district into five sub areas. Whilst these sub areas are not contiguous with the four structure plan sub-areas which cover the district (Alfreton, Shirebrook, Chesterfield and Creswell/Whitwell) herein called local plan sub-areas, they can be combined to generally fit the housing sub areas used in the local plan as follows:
Survey Sub areas Local plan sub areas
Southern Parishes = Alfreton
Northern Parishes }
3.53 The council acknowledges that the primary source of new affordable housing should be its housing programme, and the conclusions of the need survey will form the basis of the council's three year housing strategy (1999 - 2001). Evidently this is insufficient to satisfy the level of need, and it is considered appropriate for the planning system to contribute towards meeting local need by ensuring that new developments provide an appropriate mix of type, size and tenure of housing which will meet the local community's housing needs. Affordable housing can be provided in many ways through both social housing schemes and through low cost market housing. The council will encourage the provision of a range of affordable accommodation including the conversion of other buildings to flats and houses, the use of derelict and under used urban land and by negotiating the provision of an element of affordable housing on appropriate general market housing sites. To this end it is considered appropriate to include a policy in the local plan to enable the council to negotiate affordable housing provision on development sites. The local planning authority will publish separate Supplementary Planning Guidance to indicate how such a mix can be achieved.
3.54 Circular 6/98 advises that in settlements with a population of 3000 or more it would be inappropriate, except in exceptional circumstances, to seek an element of affordable housing on sites which are below the threshold of 25 dwellings or 1 hectare in size. In settlements with a population of less than 3000 it is advised that a local threshold which relates to local circumstances should be set by the local planning authority in the local plan. In considering an appropriate threshold for these smaller settlements the council has taken into account local land values, the economics of developing smaller sites and the appropriateness - and therefore the likelihood - of large development schemes (i.e. of 10 or more dwellings) being proposed in these smaller settlements. As a result it is considered appropriate to apply the same threshold across the district.
3.55 Sites of 25 or more dwellings (or 1hectare or more in size) or where development proposals form part of a larger site with a potential capacity for 25 or more dwellings, will be expected to include an element of affordable housing, where there is a proven need. The scale and nature of such provision will be a matter for discussion between the council and the developer. Regard will also be given to other local factors such as the scale of local need, market prices, location of the development particularly in relation to services and public transport, and the economic feasibility of provision, particularly in relation to the requirements of other policies of the plan (for example the provision of recreational or educational facilities).
3.56 Circular 6/98 states that where a demonstrable need exists local plans should set indicative targets for specific development sites. Taking into account the locational needs and priorities for the provision of affordable housing, the following sites which are allocated in the local plan for housing development, are considered suitable for incorporating an element of affordable housing to meet local needs.
3.57 Even if these targets are met there will still be a considerable shortfall in affordable housing provision. Where any unallocated sites come forward for development (known as windfall sites) that are for 25 or more dwellings or are 1ha or larger in size, consideration will be given to the appropriateness of providing an element of affordable housing on the site. Likewise the council will seek to negotiate the provision of affordable housing in new or renewal applications for sites of this size which are currently considered "committed". In particular new applications or the renewal of planning permission on the following sites will be expected to provide a mix of house type, size and tenure which incorporates an element of affordable housing:
3.58 It is important to ensure that the type of dwellings provided as affordable housing meets local needs. Where affordable housing is to be provided on site the council will ensure that there is an appropriate mix of dwellings, type and size. The precise arrangements for the provision of on-site affordable housing will be determined at the time a site becomes available and will be dependent upon the level of need for affordable housing, site suitability, the economics of developing each site, the proximity of the site to local services and access to public transport.
3.59 In considering the most appropriate means of meeting the need for affordable housing in the district, account must be taken of the specific local circumstances relating to existing housing stock. Second hand house prices in the district are relatively low (even though those in need cannot afford them) and in many cases existing stock could be purchased and improved as necessary for less than new 'affordable' housing can be constructed, as reflected in Housing Association rents for new stock. A large amount of the pre 1919 existing housing stock in the district is former British Coal housing. Much of this housing is now in a poor state of repair and has been vacant for some time, such that whole areas are becoming centres of dereliction. Whilst the council is making efforts to resolve the problems on these estates, without appropriate funding it is anticipated that the situation will worsen and more and more of the stock will become unfit during the local plan period. It is considered that much of the identified need for affordable housing in the Creswell/Whitwell and Shirebrook sub-areas could be met by existing stock, if it could be brought back into beneficial use. In contrast, the construction of new affordable housing to meet the need shown may exacerbate the problem, by providing more attractive, (but more expensive), affordable accommodation and so leaving the existing stock empty and likely to fall into further disrepair. It is considered that a strategy based on renewal will also assist the objective of reducing unnecessary development of greenfield sites.
3.60 Circular 6/98 advises that in exceptional circumstances it may be appropriate to negotiate a financial contribution towards the provision of affordable housing off-site. The council believes that the situation with regard to these areas of existing stock represents an exceptional circumstance locally. When considering applications for developments over the threshold referred to in paragraph 3.54, agreement may be sought between the local planning authority and the developer to provide a financial contribution in lieu of on-site provision. Such contributions would be used to enable registered social landlords to increase the number of affordable housing units available to meet the identified need in the area in which the development is located, by acquiring, and where necessary improving, vacant or unfit housing stock and thus bringing it back into beneficial use. It is considered that this approach will better serve the needs of the community in these areas than a purely new-build strategy. Contributions will only be acceptable where they result in a net gain to the stock of affordable housing. The council will ensure that the contributions are to be targeted towards specific schemes included in the council's housing programme, and will ensure that the housing provided would remain affordable in perpetuity. Since registered social landlords will be involved, additional occupancy conditions will not normally be imposed. Such measures may be particularly appropriate in the case of developments in the Shirebrook sub-area and the Creswell/Whitwell sub-area, where this is a particular problem.
3.61 The council will also ensure that where affordable housing is built its benefits pass either initially or in perpetuity to those people for whom it is most needed. This may be achieved by restricting the occupancy of dwellings to those who meet the 'local need' criteria set out in AH.8 of Appendix 3, either through an occupancy condition, or a section 106 obligation, or through the involvement of a registered social landlord. Alternatively, if the design and layout of housing is such that the property will be at the cheaper end of the market, it may be appropriate to remove permitted development rights to prevent the extension or alteration of the property which may result in a rise in its value above affordable levels.
OCCUPANCY OF RENTED PROPERTIES
3.62 The council's priority is to ensure that affordable housing is provided for those households who are in need locally. The council's preferred approach is for the management of affordable housing to be undertaken by a registered social landlord such as a Housing Association. In such cases it will not be necessary to impose any additional occupancy controls. There may however be circumstances where a registered social landlord will not be involved in controlling the occupancy of the affordable housing provided, and it is acknowledged that it may not always be possible to identify a suitable local occupant. In such circumstances the council may seek to use conditions, or a section 106 obligation, to control occupancy and a cascade approach for finding a suitable occupant may be incorporated. An example of the cascade approach likely to be used is shown in Appendix 3.
IN DETERMINING PLANNING APPLICATIONS FOR HOUSING DEVELOPMENT ON SITES LISTED IN POLICIES HOU3, AND EMP 2 THE LOCAL PLANNING AUTHORITY WILL SEEK TO NEGOTIATE AN APPROPRIATE MIX OF DWELLING TYPE AND SIZE. SPECIFICALLY, ON THE SITES LISTED BELOW, THIS MIX SHOULD INCORPORATE AN ELEMENT OF AFFORDABLE HOUSING TO MEET THE NEEDS OF THE LOCAL COMMUNITY:
ELSEWHERE IN THE DISTRICT THE LOCAL PLANNING AUTHORITY WILL, WHEN DETERMINING NEW PLANNING APPLICATIONS OR APPLICATIONS FOR THE RENEWAL OF PERMISSION FOR HOUSING DEVELOPMENT ON SITES WHICH ARE FOR 25 OR MORE DWELLINGS OR OF 1HA OR MORE IN SIZE, (OR WHICH FORM PART OF A LARGER DEVELOPMENT SITE WITH A POTENTIAL CAPACITY OF 25 OR MORE DWELLINGS), SEEK TO NEGOTIATE THE INCLUSION OF AN ELEMENT OF AFFORDABLE HOUSING TO MEET A PROVEN LOCAL NEED.
IN NEGOTIATING THE INCLUSION OF AN ELEMENT OF AFFORDABLE HOUSING THE LOCAL PLANNING AUTHORITY WILL SEEK TO ACHIEVE AN APPROPRIATE MIX OF DWELLING TYPE AND SIZE TO MEET THE NEEDS OF THE LOCAL COMMUNITY. THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS OR SEEK TO NEGOTIATE A SECTION 106 OBLIGATION TO ENSURE THAT ARRANGEMENTS ARE MADE FOR THE AFFORDABLE HOUSING PROVIDED TO BE OCCUPIED INITIALLY OR IN PERPETUITY BY PERSONS WHO CANNOT AFFORD TO OCCUPY HOUSING GENERALLY AVAILABLE ON THE OPEN MARKET.
IN ASSESSING THE SUITABILITY OF A SITE FOR PROVIDING AFFORDABLE HOUSING THE LOCAL PLANNING AUTHORITY WILL TAKE ACCOUNT OF:
EXCEPTIONALLY, THE LOCAL PLANNING AUTHORITY WILL SEEK TO NEGOTIATE A FINANCIAL OR OTHER CONTRIBUTION TOWARDS THE PROVISION OF AFFORDABLE HOUSING OFF THE DEVELOPMENT SITE, THROUGH A SECTION 106 OBLIGATION. IN SUCH CASES IT MAY BE CONSIDERED MORE APPROPRIATE FOR THE CONTRIBUTION TO BE USED BY A REGISTERED SOCIAL LANDLORD TO ACQUIRE AND WHERE NECESSARY BRING BACK INTO BENEFICIAL USE VACANT AND/OR UNFIT HOUSING STOCK, PROVIDED THAT THIS WILL RESULT IN THE PROVISION OF ADDITIONAL 'NEW' AFFORDABLE HOUSING UNITS. CONTRIBUTIONS SHOULD BE TARGETTED TOWARDS SPECIFIC SCHEMES WHICH ARE IN ACCORDANCE WITH THE COUNCIL'S HOUSING PROGRAMME.
HOUSING IN THE COUNTRYSIDE
3.64 Outside settlement frameworks, and outside the areas referred to in policies HOU 1 to HOU 4, new housing or replacement housing will generally be restricted in accordance with HOU8 below.
3.65 However, whilst it is desirable to minimise housing development in the countryside this can create difficulties in rural communities particularly for people on low incomes who want or need to live in the villages in which they have been born or brought up or found employment.
3.66 In certain circumstances the local planning authority will permit a limited number of dwellings specifically to meet local needs. Such development should be on land that would not normally be released for housing development within or adjoining existing settlements. Such housing must also meet a genuine local need that would not otherwise be met. Proposed developments will need to show that such a local need exists and developers will be expected to carry out a detailed survey of the settlement or settlement group in consultation with the local planning authority to provide evidence of local needs. Proposed sites will need to limit or avoid the adverse effects of scattered development, impact on agriculture, impact on the rural landscape, demand for further development and completely new demand for services outside the existing framework of provision.
3.67 Favourable terms of sale and factors such as nomination rights and limits on resale will be secured through agreements under Section 106 of the Town and Country Planning Act 1990. Availability to local people in the longer term will be ensured in some cases through management or tenure arrangements overseen by a charitable housing association, an independent village trust, or by such an organisation working alongside the local housing authority.
IN ORDER TO HELP MEET LOCAL NEEDS FOR LOW COST HOUSING THE LOCAL PLANNING AUTHORITY MAY, EXCEPTIONALLY, GRANT PLANNING PERMISSION FOR RESIDENTIAL DEVELOPMENT WITHIN OR ADJOINING SETTLEMENT FRAMEWORKS AND IN THE SMALL HAMLETS OF OLD BLACKWELL, HARDSTOFT, ASTWITH, STAINSBY, ROWTHORNE, STONY HOUGHTON, UPPER LANGWITH, WHALEY, WHALEY COMMON, ELMTON AND BELPH WHICH ARE NOT DEFINED BY A SETTLEMENT FRAMEWORK .
SUCH DEVELOPMENT WILL ONLY BE PERMITTED IF IT MEETS A PARTICULAR IDENTIFIED LOCAL NEED THAT CANNOT BE ACCOMMODATED IN ANY OTHER WAY. HOMES PROVIDED SHOULD BE, AND SHOULD REMAIN, AVAILABLE IN THE LONG TERM FOR LOCAL NEEDS. PROPOSALS TO CONSTRUCT DWELLINGS OFFERING A DISCOUNTED INITIAL PURCHASE PRICE ONLY, OR PROPOSALS FOR INDIVIDUAL DWELLINGS WILL NOT BE PERMITTED UNDER THIS POLICY. IN PERMITTING SUCH DEVELOPMENT THE LOCAL PLANNING AUTHORITY WILL ENSURE THAT THERE ARE ADEQUATE OCCUPANCY CONTROLS TO MEET LOCAL NEEDS IN PERPETUITY BY IMPOSING CONDITIONS ON ANY PLANNING PERMISSIONS OR SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990.
PERMISSION WILL BE GRANTED ONLY WHERE:
REPLACEMENT AND EXTENSION OF EXISTING DWELLINGS IN THE COUNTRYSIDE
3.69 There are many houses in the countryside which have fallen into disuse or disrepair, or which are too small or not up to modern standards. The range of works required to bring such property up to the required standard is very wide. In some cases all that may be necessary is minor repairs and alterations to render the dwelling suitable for modern living. Alternatively such extensive repairs and alterations may be required that a virtually new dwelling is created on the site. In some cases permission may be sought for a new house to replace an existing property which is unfit, derelict or unsuited in its present form for the needs of the applicant.
3.70 A large and unsympathetic extension to an existing dwelling can
be intrusive in the landscape and can result in the loss of the identity
of the original dwelling, amounting to development which is not appropriate
in the countryside. However, minor and modest extensions to existing dwellings,
which may be necessary to modernise a property or to provide a basic level
of accommodation, will generally be acceptable, provided that the extension
is of a scale and design appropriate to the original dwelling and its
PLANNING PERMISSION WILL BE GRANTED FOR THE REPLACEMENT OF EXISTING DWELLINGS IN THE COUNTRYSIDE PROVIDED THAT THE REPLACEMENT IS IN KEEPING WITH THE CHARACTER OF ITS SURROUNDINGS AND DOES NOT EXCEED THE SCALE OR NUMBER OF DWELLING UNITS OF THE ORIGINAL. IN ALL OTHER CASES REPLACEMENT WILL BE TREATED AS NEW RESIDENTIAL DEVELOPMENT.
PLANNING PERMISSION WILL BE GRANTED FOR THE EXTENSION OF EXISTING DWELLINGS IN THE COUNTRYSIDE PROVIDED THAT THE EXTENSION IS OF A SCALE AND DESIGN WHICH IS IN KEEPING WITH THE CURRENT SCALE AND CHARACTER OF THE DWELLING AND ITS SURROUNDINGS, AND WILL NOT RESULT IN THE IDENTITY OF THE ORIGINAL DWELLING BEING LOST.
ESSENTIAL NEW DWELLINGS IN THE COUNTRYSIDE
3.72 Other parts of this local plan (paragraphs 3.64 to 3.71 and 9.16 to 9.21) make it clear that new houses and residential caravans will normally only be permitted outside settlement frameworks in cases where they are essential to the operation of agriculture or forestry. In such cases the local planning authority will require a functional test to satisfy itself that a dwelling is necessary, and a financial test to ensure that the enterprise is economically viable, in accordance with the revised PPG7 - 'The Countryside - Environmental Quality and Economic and Social Development' (1997) Annex I. If after these tests have been carried out, the authority is satisfied that a new dwelling is essential to an established farming or forestry activity on an established agricultural unit it will normally grant permission for a permanent dwelling; if, however, the dwelling is required to support a new farming activity on a new or established farm it will normally grant planning permission for temporary accommodation for the first 3 years. After this period permission may be granted for a permanent dwelling if the authority remains satisfied that it is essential to support that activity.
3.73 Where a new dwelling for occupation for agriculture or forestry is granted planning permission, it is important to ensure that it is kept available to meet the needs of the undertaking which justified its being built. This will normally be done by means of an occupancy condition attached to any planning permission, in accordance with government advice in PPG7 - 'The Countryside - Environmental Quality and Economic and Social Development' (1997). Prior to permission being granted the applicant will generally be expected to enter into a planning obligation with the local planning authority to ensure that the ownership of the dwelling is tied to the holding which justified its being built. In some cases permission is sought for a new dwelling on a unit where there are already dwellings which are under the control of the applicant, which do not have occupancy conditions, but which need at the time of the application to be used in connection with the unit. In such cases the local planning authority will impose occupancy conditions on these additional dwellings.
3.74 Where there is a genuine need for a new dwelling to be erected in the countryside on a viable farming or forestry unit, the local planning authority will normally grant planning permission, subject to the considerations described in paragraphs 3.72 and 3.73 above. However, this will not normally apply in circumstances where an agricultural or forestry dwelling has been sold separately from the holding which it was built to serve prior to the introduction of this policy.
OUTSIDE SETTLEMENT FRAMEWORKS NEW DWELLINGS WILL BE PERMITTED ONLY WHERE ESSENTIAL TO THE OPERATION OF AGRICULTURE AND/OR FORESTRY. THIS MUST BE JUSTIFIED BY A FUNCTIONAL AND FINANCIAL TEST. WHERE THE DWELLING IS REQUIRED TO SUPPORT A NEW FARMING ACTIVITY ON EITHER A NEW OR ESTABLISHED AGRICULTURAL UNIT PERMISSION WILL ONLY BE GRANTED FOR A TEMPORARY DWELLING. IF, AFTER UP TO 3 YEARS, THE AUTHORITY REMAINS SATISFIED THAT A DWELLING IS JUSTIFIED PERMISSION WILL BE GRANTED FOR A PERMANENT DWELLING. SUCCESSIVE TEMPORARY PERMISSIONS WILL NOT BE GRANTED.
CONDITIONS WILL BE IMPOSED LIMITING OCCUPATION OF THE DWELLING TO A PERSON SOLELY OR MAINLY EMPLOYED (OR LAST EMPLOYED) IN THE LOCALITY IN AGRICULTURE OR FORESTRY. DEPENDANTS OF SUCH PERSONS MAY ALSO LIVE THERE WITH THEM, OR THE WIDOW OR WIDOWER OF SUCH A PERSON.
THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS ON ANY PLANNING PERMISSION AND SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO PREVENT THE SALE OF THE DWELLING SEPARATE FROM THE SALE OF THE HOLDING WHICH JUSTIFIED ITS PROVISION AND VICE VERSA.
REMOVAL OF CONDITIONS LIMITING OCCUPANCY OF ESSENTIAL DWELLINGS IN THE COUNTRYSIDE
3.76 The use of occupancy conditions is a long-established safeguard intended to allow exceptions to a strict rule. Changes in farming and the rural economy have in some cases taken away the need for dwellings which were previously essential and which were allowed to be built in the countryside for that reason alone. Whilst these situations are often perfectly genuine, it remains true that such dwellings are approved for a specific use contrary to normal policy and should not be regarded as part of the general housing stock.
3.77 The terms of most occupancy conditions are designed to permit the scope of occupancy to be broadened beyond the specific case. Where an agricultural dwelling is no longer required by a particular farmer, for example, it becomes available for occupation by other agricultural workers, including retired agricultural workers (many of whom occupy tied cottages and on retirement need to find other accommodation). As agricultural employment declines, however, it is likely that fewer agricultural dwellings will be needed and it will be more difficult to find occupiers who meet the requirements of the planning condition.
3.78 The local planning authority will only consider approving the complete removal of agricultural or forestry occupancy conditions from a dwelling in the countryside, if the applicant has made genuine and thorough efforts for 18 months to have the dwelling occupied under terms which satisfy the spirit of the original condition, and has been unsuccessful.
3.79 To satisfy the local planning authority that the measures described above have been undertaken, the following course of action must first of all be agreed with the local planning authority, then put into effect. The dwelling must be advertised for sale or rent to a person solely or mainly employed (or last employed) in the locality in agriculture or forestry, or for sale or rent to the widow or widower of such a person. The dwelling must be advertised for sale or rent for a period of at least 18 months at a sale price or rent appropriate for such a property. (Current valuation practice indicates that an occupancy condition can reduce the market value of a dwelling in the countryside by 25% compared to normal market value without the limitation). The means of advertising the property and the sale price or rental shall be previously agreed with the local planning authority. Advertising shall include placing information with local estate agents, housing associations, the local housing authority and the parish councils as well as placing advertisements in local newspapers and the farming press. If the property remains unsold or unlet after at least 18 months of such advertisement, evidence of the measures taken shall be submitted to the local planning authority.
PLANNING PERMISSION WILL BE GRANTED FOR THE REMOVAL OF OCCUPANCY CONDITIONS RELATING TO ESSENTIAL DWELLINGS IN THE COUNTRYSIDE PROVIDED THAT IT CAN BE JUSTIFIED THAT THERE IS NO AGRICULTURAL REQUIREMENT FOR THE DWELLING, AND THAT THERE IS NO NEED IN THE AREA FOR THE DWELLING WITHIN THE LIMITS OF THE OCCUPANCY CONDITION. THIS SHOULD BE ESTABLISHED BY ADVERTISING THE DWELLING FOR SALE OR LEASE FOR AT LEAST EIGHTEEN MONTHS AT AN APPROPRIATE RENT OR PRICE TO PEOPLE WHO MEET THE REQUIREMENTS OF THE OCCUPANCY CONDITION.
CONVERSION TO HOUSING USES
3.79 Within both urban and rural areas the opportunity to convert existing buildings to housing uses may occur. Such conversions could involve buildings which historically had an industrial use, such as warehouses, or in rural areas an agricultural use. Conversions to housing uses can be an effective means of providing housing accommodation whilst re-using existing (sometimes redundant) buildings. Cumulatively the conversion of existing buildings may reduce the amount of land needing to be allocated for new housing sites. When considering proposals for the conversion of existing buildings to housing uses in settlement frameworks, the local planning authority will need to be satisfied that the amenity of both potential residents and existing residents is protected and that a safe and satisfactory access, along with adequate on-site parking, can be achieved. Proposals for such conversions will be judged against GEN 1 Minimum Requirements for Development and the council's Supplementary Planning Guidance "Housing Layout and Design". Proposals for the conversion of buildings outside settlement frameworks will also be considered against ENV 4 Re-use and Adaptation of Rural Buildings.
HOUSES IN MULTIPLE OCCUPATION AND HOSTELS
3.82 Houses in Multiple Occupation (HIMO's) and Hostels are dwellings which are not occupied by a single family but by a number of unrelated people and small groups in varying combinations. In every community there are some people who need accommodation in other than ordinary family housing so the local planning authority welcomes the change of use of premises to meet this need, provided they are suitable. A contribution to the provision of public open space facilities may be required in accordance with policy HOU 5 if the proposal is of sufficient size.
3.83 Even where a building has an established use as a dwelling, planning permission is required if it is proposed to change its use to accommodate more people than a single household. (In cases where a house is occupied by a number of people who are not a family, but who live communally sharing facilities such as kitchen and bathroom 'the household' means not more than six people). In deciding whether a dwelling is used by more than a single household two main factors are relevant other than family ties: 1) the physical arrangement of the dwelling and 2) the lifestyle of the occupants.
3.85 It is important that proposals for the subdivision of houses and hostels shall give consideration to the effect of the intensification of use and should respect and maintain the character of the area. Proposals should also ensure that habitable standards of amenity are achieved for both the occupants of the proposal and their neighbours, particularly in relation to internal and external space, light, noise and sanitation. Supplementary planning guidance for this type of accommodation is included in the council's Housing Layout and Design document.
PLANNING PERMISSION WILL ONLY BE GRANTED FOR HOUSES IN MULTIPLE OCCUPATION OR HOSTELS (WHETHER BY NEW DEVELOPMENT OR CHANGE OF USE) WHERE:
CONVERSION OF BUILDINGS TO FLATS
3.87 The conversion of buildings to flats can provide an important source of accommodation for smaller households. Many older, larger houses are no longer suitable for single family occupation, and subject to the general character of the area, may be best preserved by their conversion to flats. In addition within town centres and local centres the upper floors above shops can often be converted beneficially to flat use. Some redundant buildings, both within town centres and elsewhere, may be suitable for flat conversion. It is important that proposals for conversion to flats should give consideration to the effect of the intensification of use and should respect and maintain the character of the area. Proposals should ensure that a reasonable standard of amenity is achieved for both the occupants of the flats and their neighbours.
3.88 As with houses in multiple occupation, the conversion of single family dwellings to flats in residential areas can cause a detrimental impact on the local amenity of the area by increased traffic, parking and noise disturbance.
PLANNING PERMISSION WILL BE GRANTED FOR THE CONVERSION OF BUILDINGS TO FLATS WHERE:
WITHIN TOWN CENTRES AND LOCAL CENTRES, AND AT OTHER SITES WHICH ARE WELL-SERVED BY PUBLIC TRANSPORT, PARKING AND PRIVATE OPEN SPACE REQUIREMENTS WILL BE REDUCED, PROVIDED THE SCALE AND CHARACTER OF THE PROPOSED DEVELOPMENT ARE SUCH THAT DETRIMENTAL IMPACTS WILL NOT BE CAUSED ON THE ADJOINING AREA.
RESIDENTIAL CARE HOMES AND NURSING HOMES
3.90 Residential care homes and nursing homes usually have more people living in them and are bigger than most family houses. They are people's homes, nevertheless, and are normally appropriate in residential areas providing that they do not change the character of the area too much or have a significant adverse environmental impact on the locality.
3.91 Some facilities of this kind are lived in by people who are relatively mobile and need access to public transport, shops and services. Others cater for people who spend most of their time in the building. This distinction is an important one which will need to be reflected in the choice of location for such facilities. Regardless of residents' need to be near shops and services, all facilities should be located close to adequate public transport so that visitors can get there.
3.92 Facilities of this type need to be developed to meet guidance set out by the local planning authority, including such aspects as privacy, daylight, gardens, car parking etc. (See Supplementary planning guidance; "Housing Layout and Design".)
3.93 It is important that the living environment of residential and nursing homes is tailored to meet the requirements of the residents. Such facilities are often occupied by people whose mobility levels are low and who characteristically need to stay close to home. Although land for active recreation may not be required it is important that a suitable area of garden is available for passive recreation and to ensure that residents have access to an area which enjoys some privacy. Proposals for such facilities should, therefore, provide sufficient private amenity space of an appropriate layout to meet the needs of its residents. To achieve this the council will ensure that at least 20 sq.m. of amenity open space is provided per resident. This space must be provided in one or two useable areas, separate from car parking and incidental open space. It should be appropriately and attractively set out and easily accessible to residents.
3.94 Residential care homes and nursing homes fall within a general category (technically Use Class C2 of the Town and Country Planning (Use Classes) Order 1987) which includes many different types of establishment. Because they are often in residential areas and require very specific control, permission for developments of this kind may be limited to the particular use described and not be allowed to cover all uses within Class C2.
WITHIN SETTLEMENT FRAMEWORKS PLANNING PERMISSION WILL BE GRANTED FOR RESIDENTIAL CARE HOMES AND NURSING HOMES PROVIDED THAT:
IN CONSIDERING PLANNING APPLICATIONS THE LOCAL PLANNING AUTHORITY MAY IMPOSE CONDITIONS WHICH RESTRICT THE USE OF THE SITE TO SPECIFIC USES WITHIN CLASS C2* TO PROTECT THE ENVIRONMENT AND AMENITY IN THAT LOCALITY.
*As defined in the Town and Country Planning (Use Classes) Order, 1987, as amended. (See Appendix 7).
OTHER RESIDENTIAL INSTITUTIONS
3.96 Development proposals for a variety of uses may contain significant residential elements, for example boarding schools, colleges, hospitals and prisons. Residential accommodation within such developments will be required to meet the normal standards for housing development, and will be required to make a contribution towards public open space facilities, as in policy HOU 5, based on the number of physically active residents. For purposes of calculating the area of land or sum of money required, the contribution for every three active residents will be equivalent to that for each dwelling. Where an institution provides substantial private recreational or sporting facilities, such as is usual at a boarding school, the need to contribute to public facilities will be reduced by an equivalent amount.
RESIDENTIAL CARAVANS AND MOBILE HOMES
3.97 Residential caravans and mobile homes for permanent occupation can have a significant affect on the environment and amenity of an area. Proposals for this type of development will be treated in the same way as proposals for permanent buildings. An exception may be made if it is necessary to test the need for a permanent dwelling (perhaps in relation to agricultural holdings); in such cases permission may be granted for the temporary siting of a residential caravan. Proposals for the temporary siting of residential caravans to provide short term accommodation pending the completion of a specific project may be permitted to a lesser standard, provided this causes no significant adverse impacts on adjoining areas.
PLANNING PERMISSION WILL BE GRANTED FOR RESIDENTIAL CARAVANS AND MOBILE HOMES WITHIN SETTLEMENT FRAMEWORKS, PROVIDED THAT CRITERIA 1) TO 5) BELOW ARE MET. OUTSIDE SETTLEMENT FRAMEWORKS, PERMISSION WILL NOT BE GRANTED UNLESS IT CAN BE DEMONSTRATED THAT THE PROPOSAL IS ESSENTIAL TO AN EXISTING OR PROPOSED AGRICULTURAL ACTIVITY IN ACCORDANCE WITH POLICY HOU8. PERMISSION WILL BE GRANTED FOR SUCH DEVELOPMENT, PROVIDED THAT :
TEMPORARY PLANNING PERMISSION WILL BE GRANTED WHERE
THE PROPOSAL IS ONLY INTENDED TO PROVIDE SHORT TERM ACCOMMODATION PENDING
COMPLETION OF A SPECIFIC PROJECT. TEMPORARY PLANNING PERMISSIONS FOR CARAVANS
AND MOBILE HOMES WILL BE GRANTED WITHOUT PREJUDICE TO THE PRINCIPLE OF
PERMANENT HOUSING DEVELOPMENT ON THE SITE.
SITES FOR GYPSIES AND TRAVELLERS
3.99 The Criminal Justice and Public Order Act (1994) repealed the statutory duty of local authorities to provide accommodation on caravan sites for gypsies. However, through their local plans, authorities should, where necessary and appropriate, identify suitable locations for gypsy sites. Local planning authorities should establish clear criteria to determine suitable locations, as a basis for assessing site applications. An identification of existing sites with planning permission, whether occupied or not, and a record of the gypsy population within the plan area allows a quantitative assessment of appropriate new provisions.
3.100 The number of gypsies and travellers within the district council's administrative area varies considerably. On average there are approximately five or six families on the council's transit site at Pleasley. There are often other gypsy families and travellers on unauthorised sites within the district although this tends to fluctuate on a seasonal basis. Liaison with adjoining planning authorities and the Derbyshire Gypsy Liaison Group is required in order to establish what provision is appropriate in each area. Until this overall limit has been established, need will be assesed in relation to the average level of gypsy and traveller occupation within the district over the previous two years and the extent and number of pitches provided in the district or closely adjoining the district.
3.101 Apart from the twelve pitches on the Pleasley site, there are sites in neighbouring districts. Despite the fact that some families shun 'official sites', existing provision in the plan area is not adequate for the demand from travellers at certain times of the year. The most straightforward evidence for this is the frequency with which families have to be turned away from the Pleasley site because it is full. Currently neither the district council nor the county council has the resources to develop extra facilities.
3.102 The local planning authority accepts that it is appropriate for special facilities of this kind to be developed in the countryside, so that most aspects of policies ENV 3 and ENV 4 (Chapter 9) would therefore apply, despite the fact that sites for residential caravans would not normally be permitted under those policies. The sites should not be located in the green belt or in the important open areas identified in policy GEN 10. Planning permission may also be granted for facilities for gypsies and travellers within settlement frameworks if suitable sites can be found. Such sites should not be within or adjoining residential areas, however, within settlement frameworks there are areas which are not residential that might be considered suitable. Sites should have adequate mains water and electricity supply, flush toilet and washing facilities, and facilities for sewerage and surface water disposal and for the collection of refuse. Pitches and parking areas should have a drained and stable surface, and internal roads should be surfaced in tarmac, concrete or similar bonded material.
PLANNING PERMISSION WILL BE GRANTED FOR NEW GYPSY AND TRAVELLER CARAVAN SITES IF THERE IS AN IDENTIFIED NEED FOR SUCH PROVISION IN RELATION TO THE AVERAGE LEVEL OF GYPSY AND TRAVELLER OCCUPATION WITHIN THE DISTRICT OVER THE PREVIOUS TWO YEARS, AND HAVING REGARD TO THE NUMBER OF PITCHES PROVIDED IN THE DISTRICT OR CLOSELY ADJOINING.
PERMISSION FOR THESE DEVELOPMENTS WILL ONLY BE GRANTED IF:
WHERE A PROPOSAL IS CONSIDERED LIKELY TO CAUSE MATERIAL HARM TO NEARBY USES, A TEMPORARY PERMISSION MAY BE GRANTED TO ASSESS ITS ACTUAL IMPACT PROVIDED THAT THERE ARE STRONG COMPASSIONATE OR OTHER PERSONAL GROUNDS ON BEHALF OF THE APPLICANT TO DO SO. IN SUCH CASES THE TEMPORARY PERMISSION WILL BE RESTRICTED TO A PERSONAL PERMISSION FOR THE APPLICANT ONLY.
3.104 The provision of accessible and adaptable housing, known as 'Mobility Housing' can benefit various groups of people who have mobility problems. They can include: many elderly people with a chronic illness, wheelchair users, other ambulant people with a disability and parents with small children.
3.105 Most new dwellings can be made accessible for people who have a disability or who have problems walking or climbing stairs. The council's supplementary planning guidance on 'Mobility Housing' (Annexe 2 of 'Housing Layout and Design'), describes the design rules which need to be followed concerning details such as the width of doors, step design and kitchen/bathroom layout. Although these matters generally fall outside the powers granted directly to local planning authorities in relation to control of new housing developments, wherever possible the district council will encourage developers to adopt such design features as a matter of course.
3.106 The 1996 consultation draft of the local plan and the 1997 deposit draft both explained that in the longer term it is the local planning authority's intention to achieve a higher proportion of the housing stock in the plan area built to mobility standards. From October 1999 the new edition of Part M of the Building Regulations, dealing with access and facilities for people with a disability, is introduced in full. The new regulations contained in Part M are meant to make it reasonably safe and convenient for people with a disability to visit new dwellings and to use the principal storey. The provisions are expected to enable occupants to cope better with reducing mobility and to 'stay put' longer in their own homes, although not necessarily to facilitate fully independent living for all people with a disability, The requirements apply to all new dwellings and to substantial rebuilds, but make concessions for many extensions to existing buildings.
3.107 The new Part M of the Building Regulations should fulfil most of the objectives which the local planning authority had previously intended to secure through its local plan policy on Mobility Housing. However, in the period while the new regulations are being introduced the earlier statement of policy (incorporating the Inspector's recommended changes) will be retained, to make sure that no opportunities to achieve
mobility housing are missed in the transition. The need for this statement in the local plan can be reassessed at the first review.
3.108 Advice in PPG3 - 'Housing' (1992), paragraph 7 says that where there is clear evidence of local need, a local authority can seek to negotiate the provision of housing accessible to people with a disability. The Housing Needs Survey which was carried out in Bolsover District during 1997 provides clearer information on the housing needs of current residents of the district who have mobility problems. In order to extend the range of housing opportunities in the way described above, the local planning authority will seek to negotiate the provision of some housing which is accessible to people with a disability on suitable sites (to be assessed in each case on the needs of the area). Such housing should be located as far as is possible near to shops, services and public transport.
3.109 The 1991 Census showed that 19.7% of the residents of the district council's area were over retirement age and 6.6% of the residents of the district were aged 75 or over. These are similar to those for the county as a whole (10% and 6.9% respectively) but represent an increase over those recorded in the 1981 Census. Whilst the district has an increasing population of older residents, who are among those most likely to have problems of mobility, it has slender resources to build special needs housing or to undertake adaptations to existing dwellings.
WHERE THERE IS CLEAR EVIDENCE OF NEED, THE LOCAL PLANNING AUTHORITY WILL ENCOURAGE DEVELOPERS OF RESIDENTIAL SITES WHICH ARE WELL SERVED BY SHOPS, COMMUNITY SERVICES, AND PUBLIC TRANSPORT TO PROVIDE A PROPORTION OF DWELLINGS TO MEET MOBILITY STANDARDS. THIS PROVISION WILL BE SECURED BY CONDITION OR NEGOTIATED THROUGH A SECTION 106 PLANNING OBLIGATION .
LOCATION OF HOUSING FOR ELDERLY PEOPLE OR THOSE WITH MOBILITY DIFFICULTIES
3.111 Ideally housing designed for elderly people or those with mobility difficulties should be located within a reasonable distance from existing services such as shops, public houses and places of worship, and near to established bus routes. In addition consideration should be given to the topography of the site and its surroundings, avoiding steep inclines and the need for steps.
SHIREBROOK AND WHALEY THORNS NEIGHBOURHOOD RENEWAL AREAS.
3.112 New-style Renewal Areas, introduced under the Local Government and Housing Act 1989, are designed to secure renewal of older housing areas in a comprehensive way, combining improvements to the housing and general amenities of an area with action on social and environmental problems.
3.113 The council has declared two Neighbourhood Renewal Areas. The Shirebrook Neighbourhood Renewal Area was declared in May 1994 and affects properties within the Model Village and an area to the north of Main Street. The Whaley Thorns Neighbourhood Renewal Area was declared in May 1998 and affects properties in the southern half of the village. The boundaries of these areas are shown on the proposals map. The declaration of a Renewal Area attracts government subsidy to complement the funding allocated by the district council, the monies being used to carry out a wide-ranging programme of improvements.
PLANNING PERMISSION WILL BE GRANTED FOR PROPOSALS
WHICH RESULT IN THE IMPROVEMENT AND RENEWAL OF LAND AND PROPERTIES WITHIN
THE SHIREBROOK NEIGHBOURHOOD RENEWAL AREA AND THE WHALEY THORNS NEIGHBOURHOOD
RENEWAL AREA AS DEFINED ON THE PROPOSALS MAP.