South Lakeland Local Plan - Part 3 Draft Development ... · between 10 November 2016 and 5 January 2017. Development Briefs Phase 1 Adopted 2014/2015 Phase 2 Adoption Nov 2016 Phase

South Lakeland Local Plan - Part 3

Draft Development Management

Policies

Development Plan Document (DPD)

October 2016

1

Contents

1 Introduction .................................................................................................................... 3 1.1 Introduction ............................................................................................................. 3

What is this document? ........................................................................................................... 3 What stage are we at? ............................................................................................................. 3

1.2 South Lakeland Local Plan ...................................................................................... 4 1.3 Timetable ................................................................................................................ 5 1.4 Consultation Update ................................................................................................ 5 1.5 Role of Sustainability Appraisal and Habitats Regulations Assessment ................... 6 1.6 Viability Considerations ........................................................................................... 7 1.7 Structure of Document............................................................................................. 8 1.8 Application of Policies ............................................................................................. 9

2 Sustainable Development ............................................................................................ 10 2.1 General Requirements for all development ............................................................ 10

Policy DM1 – General Requirements for all development ..................................................... 10 2.2 Quality Design ....................................................................................................... 12

Policy DM2 – Achieving High Quality Design ........................................................................ 12 2.3 Historic Environment ............................................................................................. 16

Policy DM3 – Historic Environment ....................................................................................... 16 2.4 Green Infrastructure and Open Space ................................................................... 21

Policy DM4 – Green Infrastructure, Open Space, Trees and Landscaping .......................... 21 2.5 Rights of Way, other routes providing pedestrian and cycle access....................... 25

Policy DM5 – Rights of Way and other routes providing pedestrian and cycle access ........ 25 2.6 Sustainable Drainage Systems .............................................................................. 27

Policy DM6 – Surface Water disposal, Foul Water disposal and treatment, watercourses, flood defences and consideration of wider land drainage interests ............................................... 27

2.7 Pollution and Contamination .................................................................................. 31 Policy DM7 – Addressing Pollution and Contamination Impact ............................................ 31

2.8 Telecommunications and Broadband .................................................................... 35 Policy DM8 – High Speed Broadband for New Developments ............................................. 35

3 Sustainable Travel ........................................................................................................ 37 3.1 Parking Provision .................................................................................................. 37

Policy DM9 – Parking Provision, new and loss of car parks ................................................. 37 3.2 Safeguarding Land for Transport Infrastructure Improvements .............................. 39

Policy DM10 – Safeguarding land for transport infrastructure improvements ....................... 39

4 Housing ......................................................................................................................... 41 4.1 Housing Optional Technical Standards .................................................................. 41

Policy DM11 – Accessible and Adaptable Homes ................................................................ 41 4.2 Self-Build and Custom Build Housing .................................................................... 43

Policy DM12 – Self-Build and Custom Build Housing ........................................................... 43 4.3 Housing Development in Small Villages and Hamlets ........................................... 45

Policy DM13 – Housing Development in Small Villages and Hamlets .................................. 45 4.4 Rural Exceptions Sites .......................................................................................... 47

Policy DM14 – Rural Exceptions Sites .................................................................................. 47 4.5 Essential Dwellings for Workers in the Countryside ............................................... 49

Policy DM15 – Essential Dwellings for Workers in the Countryside ..................................... 49 4.6 Starter Homes ....................................................................................................... 51

Interim Position Statement..................................................................................................... 51 4.7 Affordable Housing in Designated Rural Areas ...................................................... 53

Interim Position Statement..................................................................................................... 54 4.8 Gypsies and Travellers Sites ................................................................................. 55

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5 Types of Development ................................................................................................. 57 5.1 Conversion of Buildings in Rural Areas ................................................................. 57

Policy DM16 – Conversion of Buildings in Rural Areas ......................................................... 57 5.2 Retention of Community Facilities ......................................................................... 59

Policy DM17 – Retention of Community Facilities ................................................................. 59 5.3 Tourist Accommodation – caravans, chalets, log cabins, camping and new purpose built self-catering accommodation .................................................................................. 62

Policy DM18 – Tourist accommodation - caravans, chalets, log cabins, camping and new purpose built self-catering accommodation (outside the AONB)........................................... 62

5.4 Equestrian Related Development .......................................................................... 65 Policy DM19 – Equestrian related development ................................................................... 65

5.5 Advertisements, Signs and Shopfronts .................................................................. 67 Policy DM20 – Advertisements, Signs and Shopfronts ......................................................... 67

5.6 Renewable and Low Carbon Energy ..................................................................... 70 Policy DM21 – Renewable and Low Carbon Energy Development ...................................... 70

5.7 Hot Food Takeaways ............................................................................................ 73 Policy DM22 –Hot Food Takeaways ..................................................................................... 73

6 Economy and Town Centres ....................................................................................... 75 6.1 Retail Uses Outside of Town Centres .................................................................... 75

Policy DM23 – Retail Uses Outside of Town Centres ........................................................... 75 6.2 Kendal Town Centre and Canal Head ................................................................... 77

Policy DM24 – Kendal Town Centre and Kendal Canal Head Area ..................................... 77

7 Enforcement ................................................................................................................. 80 7.1 Enforcement .......................................................................................................... 80

Policy DM25 – Enforcement .................................................................................................. 80

8 Monitoring and Implementation .................................................................................. 82

9 Kendal Canal Head Area Designations ....................................................................... 90

Appendix 1 – Options Assessment ................................................................................. 92 1A: Options Assessment Summary – For topic areas where new Development Management policies are proposed ................................................................................ 92

General Requirements for all development ........................................................................... 92 1B: Options Assessment Summary – For topic areas where no new Development Management policies are proposed .............................................................................. 128

Appendix 2 – Saved Local Plan Policies Proposed for replacement by DPD ............. 139

Glossary .......................................................................................................................... 144

South Lakeland Local Plan Part 3 – Draft Development Management Policies Development Plan Document October 2016

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1 Introduction

1.1 Introduction

What is this document?

1.1.1 This document sets out a set of draft Development Management policies for public

consultation. When someone submits a planning application, the council uses development

management policies (planning policies) to help it assess whether or not the application

should be granted planning permission.

1.1.2 At present, planning applications in South Lakeland outside the National Parks are assessed

against policies in several documents; the Core Strategy, the Land Allocations and the

‘saved’ policies of the South Lakeland Local Plan 2006, (which were adopted in 1997), as

well as taking into account national policies. Several of the ‘saved’ Local Plan policies are

out of date and need updating and replacing, which is why we are preparing this new

Development Management Policies document. The new Development Management policies

will:

Fill in any gaps in policy, particularly since the publication of the National Planning

Policy Framework (NPPF) and more recent national Planning Practice Guidance.

Update policies that are out of date.

What stage are we at?

1.1.3 We are at the second stage of the production of a Development Management Policies

Development Plan Document (DPD)1 for South Lakeland outside of the National Parks. We

consulted on an Issues and Options Discussion Paper in late 2015. The purpose of the

document was to seek views on the scope of the DPD, asking for opinions on a range of

options for different topic areas. We have now used the feedback from the consultation

alongside evidence to inform a set of preferred options that we are now asking for your

views about.

1.1.4 This is now an opportunity for you to tell us about what you think about the draft policies and

whether you think there are any alternative policies that we should consider. This document

does not deal with how much development should be located in the District or sites for new

development. It does not re-open matters of a strategic policy nature such as options for

future development growth.

1.1.5 Your views on these draft policies will be important in helping us make sure that they are

appropriate to todays and future needs. Responses from this consultation will be taken into

account and used to inform a final set of policies which will be published for further

consultation next year.

1 A ‘Development Plan Document (DPD) is a statutory planning document that forms part of the adopted ‘Local Plan’ for an area, and must be subject to public consultation and approved by an independent government Inspector before it can be adopted by the Council.


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1.1.6 There are a number of documents that are of relevance in considering how to take forward

the Development Management Policies (see below):

South Lakeland Saved Local Plan adopted in 1997 and amended in 2006

(http://tinyurl.com/pe5pm77). This is a stand-alone document. An extract from the

Local Plan has been produced which includes all saved policies of relevance to the

Development Management Policies Development Plan Document

http://tinyurl.com/pz4rtu4

South Lakeland Core Strategy DPD (2010) (http://tinyurl.com/l7utyga )

South Lakeland Land Allocations DPD (2013) (http://tinyurl.com/mhvt69w)

National Planning Policy Framework (2012) (http://tinyurl.com/oxlarh9)

National Planning Practice Guidance (http://tinyurl.com/q7qj2g8)

Town and Country Planning (General Permitted Development) (England) Order 2015

(http://tinyurl.com/pldawf2)

Town and Country Planning (Use Classes) (Amendment) (England) Order 2015

(http://tinyurl.com/qypezqr)

1.2 South Lakeland Local Plan

1.2.1 The Local Plan shapes and guides development and is made up of a number of different

documents. As well as the saved policies within the ‘old’ South Lakeland Local Plan 2006

document, the current overall South Lakeland Local Plan comprises a range of documents

shown in the diagram below, referred to as ‘South Lakeland Local Plan Documents’. We

have already adopted a Core Strategy in October 2010 and a Land Allocations Development

Plan Document in 2013. These determine the amount and distribution of development in

South Lakeland outside of the Lake District and the Yorkshire Dales National Parks. Policies

within the Core Strategy and Land Allocations DPD will continue to be applied in conjunction

with the policies within the forthcoming Development Management Policies DPD, until they

are replaced by forthcoming Single Local Plan policies (2021-2036). These policies and

saved policies in the Local Plan (2006) will continue to apply within the extensions to the

National Parks in South Lakeland until replaced by future National Park Local Plans.

http://tinyurl.com/h9rfglq

1.2.2 In addition to these adopted plans, the Council is working with Lancaster City Council to

prepare a separate DPD for the Arnside and Silverdale Area of Outstanding Natural Beauty

(AONB). The policies in the South Lakeland Development Management Policies DPD will

apply to the AONB within South Lakeland, but the AONB DPD will contain additional

bespoke development management policies on some topics where there is a need for an

alternative approach in the AONB. The AONB DPD will form part of both authorities’ Local

Plans, once adopted. Preferred Options consultation on the AONB DPD is being undertaken

alongside consultation on this document.

1.2.3 Neighbourhood Plans are currently being prepared for Grange-over-Sands, Lower Allithwaite

and Heversham and Hincaster and Burneside. When adopted these will also form part of the

statutory development plan. These may contain Development Management policies that

would also need to be applied as appropriate to any proposals within the neighbourhood

plan areas, alongside the policies in the South Lakeland Local Plan documents.

http://tinyurl.com/pe5pm77


http://tinyurl.com/l7utyga

http://tinyurl.com/mhvt69w

http://tinyurl.com/oxlarh9

http://tinyurl.com/q7qj2g8

http://tinyurl.com/pldawf2


http://preview.tinyurl.com/qypezqr

http://tinyurl.com/h9rfglq


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Figure 1: South Lakeland Local Plan

1.3 Timetable

1.3.1 The key stages in the preparation of the DPD are shown in the table below.

1.3.2 Stage Timescale

Issues and Options Discussion Paper Consultation November 2015

Draft DPD Consultation Autumn 2016

Formal Publication Spring 2017

Submission to Secretary of State Summer 2017

Adoption by Full Council End 2017

1.4 Consultation Update

1.4.1 The Draft Development Management Policies DPD (and associated documents) will be

published for an eight week consultation. Representations on these documents are invited

between 10 November 2016 and 5 January 2017.

Development Briefs Phase 1 Adopted 2014/2015

Phase 2 Adoption Nov 2016

Phase 3A / Phase 3B

Adoption 3A Summer 2017/ 3B Autumn 2017

Supplementary Planning Documents

Cumbria Wind Energy SPD

Adopted January 2012

Core Strategy

Sets out long-term vision and

overarching development

strategy for the District

Adopted October

2010

Land Allocations

Allocated land for

housing, employment,

open space and other uses

Adopted

December 2013

Development Management Policies DPD

Includes the detailed policies to manage the delivery of high quality development

Adoption End

2017

Arnside and Silverdale

Area of Outstanding

Natural Beauty (AONB) DPD

Adoption Autumn 2017

Neighbourhood Plans

(several in preparation)

South Lakeland Local Plan Documents


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1.4.2 These documents can be viewed on-line at http://tinyurl.com/pz4rtu4 and at the following

locations during normal opening hours at South Lakeland House, Kendal, Ulverston

Coronation Hall, and libraries in Arnside, Grange over Sands, Kendal, Kirkby Lonsdale,

Milnthorpe and Ulverston.

1.4.3 You can respond to the consultation using our online response facility

http://applications.southlakeland.gov.uk/ldfconsultation. Alternatively, please complete a

consultation response form; this is available on the Council’s website

http://tinyurl.com/pz4rtu4 as well as at local libraries and Council Offices. You can also get in

touch with us to request a form. Completed forms can be returned either via email to

[email protected], or by writing to Development Plans Manager,

South Lakeland House, Lowther Street, Kendal, LA9 4DL.

1.5 Role of Sustainability Appraisal and Habitats Regulations

Assessment

Sustainability Appraisal

1.5.1 All new Local Plan documents have to be assessed using a Sustainability Appraisal (SA) to

ensure that they are contributing to sustainable development2. This is required by the

Strategic Environmental Assessment (SEA) Directive3. The SA will inform plan making

throughout the process.

1.5.2 The Sustainability Appraisal for the draft Development Management Policies has been an

integral part of the consideration of options, alternatives and outcomes. A summary of the

results of the SA of the alternative options consulted on in the Issues and Options

Consultation Paper are included in Appendix 1. A summary of the SA Report for draft

policies DM1 to DM25 accompany each policy in this document. The existing Local Plan

documents were each informed by Sustainability Appraisal in their preparation.

1.5.3 A draft SA Scoping Report was produced and consulted on alongside the Development

Management Policies DPD Issues and Options Discussion Paper. The draft SA Scoping

Report sets out the approach to SA and the methodology used for the appraisal, as well as

the timetable and how the SA fits in with the preparation of the Development Management

Policies DPD. It specifies the objectives in the Sustainability Appraisal Framework that have

been used to appraise the options and draft policies against.

1.5.4 Alongside the Draft Development Management Policies DPD, we are consulting on a SA

report of the draft policies. The SA report sets out the results of the SA of Issues and

Options and Preferred Options and includes an SA of the draft Development Management

Policies DPD. The results of the SA of Issues and Options guided decisions on whether or

not to prepare policies on each topic (i.e. the choice of Preferred Option) and also guided the

content of the draft policies.

2 Sustainable development is development that meets the needs of the present without compromising the ability of future

generations to meet their own needs (Brundtland Report Definition) 3 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of

certain plans and programmes on the environment


http://applications.southlakeland.gov.uk/ldfconsultation


mailto:[email protected]


7

1.5.5 The table below illustrates the scoring system and colour coding that has been used in the

Sustainability Appraisal.

SA Impact Score

Major Positive +4

Positive +2/+1

No Impact 0

Negative -2/-1

Major Negative -4

Uncertain ?

Neutral N

Habitats Regulations

1.5.6 All Local Plan documents must also be subject to a Habitats Regulations Assessment (HRA)

process under the Habitats Directive4. The HRA is a recognised step by step process which

considers the implications of a plan or project for European Sites5 in terms of any possible

harm to the wildlife interest that forms a qualifying feature of the sites, which could occur as

a result of the plan or project.

1.5.7 The Draft DPD has been subject to the first stage of the HRA – known as the screening

stage. This has been used to identify any likely significant effects on these sites.

1.5.8 Alongside the Draft DPD and SA report of draft policies, we are also consulting on a Draft

HRA of the Draft DPD. The Draft HRA has guided the content of the draft policies. HRA is an

iterative process. The document, and especially any changes will continue to be subject to

HRA until the DPD is finalised.

1.6 Viability Considerations

1.6.1 An initial appraisal of the impact of the draft Development Management (DM) policies on the

viability of development has been undertaken to identify potential cost implications of the

proposed new policies. Overall it is considered at this stage that the impact of the draft DM

DPD policies on development viability is likely to be modest given the very limited new or

additional requirements that will arise from the proposed policies. A further detailed

assessment of the impact of the draft DM policies on the viability of development will be

4 European Union Directive adopted in 1992 in relation to wildlife and nature conservation. 5 This includes European sites designated under the Habitats Directive (Special Areas of Conservation),

classified under the Birds Directive (Special Protection Areas), and as a matter of policy includes wetland sites

listed under the international Ramsar Convention, sites formally proposed as European sites and those formally

providing compensation for site loss.


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undertaken in due course, taking account of consultation responses to this document, any

further proposed changes to policies in the draft Development Management DPD and any

clarification on changes to Government planning policy for housing, including Starter

Homes’.

1.7 Structure of Document

1.7.1 Chapters 2 – 7 revisit the topic areas presented in the Issues and Options consultation

document, and present draft development management policies where it has been proposed

that a new policy is the preferred option. Draft policies are presented for comment, together

with a reasoned justification and a summary of the Sustainability Appraisal findings. Each

topic area is presented in the same way, and the structure is illustrated in the graphic below.


9

1.7.2 Chapter 8 sets out a proposed monitoring and implementation framework.

1.7.3 Appendix 1 sets out the outcome of the SA of the preferred and alternative options, and

provides a brief explanation of the rationale for why the option was preferred or discounted.

1.7.4 Appendix 2 sets out which saved local plan policies are proposed for replacement by the

DPD.

1.8 Application of Policies

1.8.1 The policies will be applied depending on the type and location of proposal being considered

as follows:

The General Requirements policy and Quality Design policy will be applied to the

consideration of all development proposals regardless of location and type.

The other policies grouped as ‘sustainable development’ on a range of topic areas

including historic environment, green infrastructure and open space, rights of way,

other routes providing pedestrian and cycle access, sustainable drainage systems,

pollution and contamination and high speed broadband will be applied to the

consideration of development proposals as necessary.

The housing policies will be applied to the consideration of housing proposals as

necessary.

The parking provision, and the safeguarding land for transport infrastructure policies

will be applied to the consideration of development proposals as necessary.

The policies grouped as ‘types of development’ including conversion of buildings in

rural areas, retention of community facilities, tourist accommodation, equestrian -

related development, advertisements, signs and shopfronts, renewable and low

carbon energy development and hot food takeaways will be applied to the

consideration of development proposals as necessary.

The policy on retail uses outside of town centres, and the policy on Kendal Town

Centre and Kendal Canal Head area will be applied to the consideration of

development proposals within these locations as necessary.

A policy relating to enforcement – this will be applied as necessary.

1.8.2 The policies will also be applied in accordance with Permitted Development Rights. These

allow changes of use to be made to a building and/or land without the need to apply to the

Local Planning Authority for planning permission. (http://tinyurl.com/pldawf2)




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2 Sustainable Development

2.1 General Requirements for all development

Policy DM1 – General Requirements for all development

Purpose: To maintain, protect and promote the amenity, sustainability of the district’s

communities and their environmental, economic social and historic qualities

All development proposals must comply with the following requirements:

1. ensure the delivery of acceptable levels of amenity, privacy, and outlook for existing,

neighbouring and future residents and users; through retention and provision of

adequate public, private and shared spaces and landscaping as appropriate; and

2. ensure they respond appropriately to the proposal site’s locational context, local and

settlement character and distinctiveness, by creating a form of development that is

compatible and sensitive to the site’s surrounding uses, the built and historic

environment, immediate and wider landscape characteristics and existing built and

natural features on and next to the site and as far as possible should enhance its

surroundings; and

3. deliver an inclusive design and layout; that meets existing needs and is accessible

for all as well as sustainable; and

4. ensure the delivery of necessary infrastructure needs it may generate for example

surface and foul water disposal, water supply, and other utilities in a sustainable and

viable manner; and

5. maintain existing and creating new safe and adequate pedestrian, cycle and vehicle

movements, connectivity with the surrounding area and parking / servicing, in a

manner that doesn’t cause unacceptable traffic generation, disturbances or highways

safety issues in the locality; and

6. create a safe, secure and healthy environment by avoiding exposure to

unacceptable levels of pollution and general disturbance (environmental and social),

ensuring there is effective flood risk management and creating safe, inclusive and well

integrated neighbourhoods; and

7. create layouts and designs that ensure protection of existing ecological networks,

include appropriate landscaping informed by green infrastructure and landscaping

frameworks and maintain, protect and as far as possible enhance existing biodiversity

and geological assets. This must include sites with International biodiversity

protection and respond to any need for project-level HRA and appropriate mitigation,

and


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8. ensure the protection, conservation, and where possible, enhancement of the special

qualities of the environment of the Lake District and the Yorkshire Dales National

Parks and the Arnside and Silverdale Area of Outstanding Natural Beauty

including their settings; and

9. ensure it will not result in adverse cumulative effects (environmental and

infrastructure) in conjunction with existing and planned developments (those identified

within the Local Plan or with extant planning permission).

SUSTAINABILITY APPRAISAL

Social Progress Environment Natural Resources Economy

+1 +2 +1 0

The Sustainability Appraisal indicates that social impacts are positive, with benefits for

health and wellbeing and providing a clearer decision making framework. The draft policy

would have positive environmental impacts particularly for local landscape quality and

ecological networks. It would also have some positives for natural resources in terms of

possibly reducing the release of greenhouse gas emissions associated with vehicle travel.

The SA predicts neutral impact on the local economy.

Reasoned Justification

2.1.1 All development should be of a satisfactory standard in terms of securing high quality

sustainable design, providing acceptable levels of amenity for existing and new occupants

and users of any development, as well as neighbouring, existing, and future occupants,

enhancing its surroundings, creating sustainable, safe and healthy environments and

providing for the necessary essential infrastructure needs it may generate. By doing so, new

developments will help maintain, protect and promote the amenity, sustainability of the

district’s communities and their environmental, economic and social qualities.

2.1.2 The introduction of a general requirements policy is necessary in order to ensure there is a

consistent approach to the consideration of all proposals in order to ensure all proposals

achieve a satisfactory standard of development. This policy will be applied to all new

developments as appropriate to local circumstances, regardless of location and type. All new

development must satisfy each aspect and the policy will need to be applied in context of

local circumstances at the time, utilising existing guidelines and in engagement with other

bodies for example the Highways Authority.

2.1.3 This policy removes the need to adopt a number of policies that contain the same types of

considerations as was the case with the previous saved local plan policies.

Policy Links

Saved Local Plan Policies to be replaced Will replace many elements within current

policies

Core Strategy Links Policy CS1.1

Framework paragraphs 17

Other documents or guidance N/A


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2.2 Quality Design

Policy DM2 – Achieving High Quality Design

Purpose: To provide a set of design principles in order to ensure the district’s different

characteristics and qualities are maintained and enhanced.

Significant weight will be given to the following design principles in assessing development proposals.

1. Development proposals must respond appropriately to local and settlement

character and reinforce and promote local distinctiveness by:

making a positive contribution to the overall sense of place of the locality; informed

by the uses and activities around the proposal, the historic context of the site,

historic street patterns, plot boundaries, grain/massing, height and materials of

nearby existing development and features and

ensuring contemporary innovative styles of development complement the site’s

surroundings.

2. Development proposals must respond appropriately to local context, landscape and

built environment setting and impact on views by:

maintaining existing built and natural features that create a positive contribution to

the locality; and

ensuring development creates a positive relationship with surrounding uses;

ensuring significant views into, over or out of the site are not harmed and as far as

possible opened out; and

ensuring development is located sympathetically within the built and natural

landscape, by avoiding; skyline development; buildings and other features situated

on the top of a slope/ridge location or otherwise that would constitute a prominent

feature to the detriment of the built and/or natural environment; and

ensuring features that make up the roofscape respect that of the area in form,

colour, height, size, shape, scale and materials and

ensuring development located at the approaches to and edge of settlement

locations deliver a sympathetic transition between built up areas and the

countryside. Boundary treatment and landscaping must be of a nature that

maintains the existing landscape and built characteristics of the locality.

3. Development proposals must deliver inclusive design and layouts; that meets

existing needs and are accessible for all as well as sustainable by:

ensuring all potential users needs have been considered in terms of the design

and layout; and

ensuring connectivity with neighbouring uses, spaces and streets, and the creation

of cohesive forms of development and


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creating developments and layouts that are easy to navigate around, with

convenient movement patterns for all users.

4. Development proposals must create and maintain safe and secure environments by:

ensuring public spaces, buildings, streets and paths are overlooked through

natural surveillance; and

ensuring there is a clear relationship between public and private spaces; and

ensuring buildings address streets and turn corners well to avoid blank frontages

and

ensuring provision of adequate appropriate security measures. The use of roller

shutters that would obscure displays and architectural features on shop fronts will

not be permitted. Proposals to affix external security measures to shop fronts and

other commercial buildings will be supported where it can be demonstrated no

alternative measures are available, they are designed and integrated well with the

frontage and that they maintain an active shop front even when the unit is closed.

5. New development should deliver variety , diversity and interest by:

avoiding bland monotonous forms of development that promote little interest and

variety and

ensuring major developments include character areas taking reference from local

context and character.

6. New development must provide sufficient space by:

creating appropriate separation distances between buildings, public and private

spaces, and any historic or biodiversity assets taking into account local character

and characteristics and

including sufficient and well-designed visually unobtrusive space for bin

collection/recycling and cycle storage.

7. New development must be well proportioned, positioned and in scale with its

surroundings taking into account topographical features by:

ensuring the topography of the site informs the orientation, height, siting of

buildings and features, as well as the space between these; and

avoiding the creation of dominant or incongruous extensions and alterations to

existing buildings and

orientating buildings where they can optimise energy efficiency, solar gain and

maximise daylight levels.

8. New development must ensure appropriate consideration has been given to the

selection and choice of materials and colour by:


14

demonstrating regard has been given to the prevailing materials, colour of the

area, and local vernacular and ensure the choice is sympathetic to landscape

characteristics and setting; and

encouraging the maximum practical use of sustainable and reused/recycled

materials and

exploring opportunities to add interesting details, ornamentation and expressions

of local craftsmanship, while avoiding excessive and inappropriate clutter.

9. New development should wherever possible and appropriate incorporate features that

support and enhance habitat creation and urban greening and respond to the effects

of climate change by:

providing features such as bat boxes, swift bricks and hedgehog highways; and

introducing measures such as living/green walls and roofs and roof gardens

helping to contribute to a greener, healthier environment and improve air quality

and

introducing permeable surfaces, and other features to reduce flood risk.

10. New development that requires external lighting must be:

of a minimum required to undertake the task, and avoid harm to the local amenity,

wildlife, public and wider views through use of appropriate landscaping measures

and sensitive forms of design and

designed in a manner that avoids glare and erosion of tranquility and dark skies.

The Council will use Design and Access Statements and other assessments such as

Landscape and Visual Impact Assessments, as well as any published Council guidance

as relevant to determine the extent to which proposals meet these principles.



+1 +2 +1 +1 / +2?


creation of healthy environments, quality of housing, sense of local history and culture and

safety and accessibility within communities. The draft policy would have significant positive

impact on the environment including habitat enhancement. It would also have some

positives for natural resources, helping local air quality and protect land supply. The SA

predicts possible positive impact on the local economy.


2.2.1 The design of new development has a strong influence on the character and qualities of the

district and its various settlements. Proposals should safeguard and where possible enhance

local characteristics and distinctiveness. This policy seeks to ensure the character and

qualities of the district as a whole and its various settlements is maintained and protected by

requiring new developments to demonstrate as appropriate they are in accordance with the


15

set of design principles. It incorporates and expands on many elements of Local Plan policy

S2 and other relevant local plan policies as these are considered to still provide an

appropriate basis on which to determine the design merits of all proposals. It supports Core

Strategy Policy CS8.10. All principles will be applied to all proposals regardless of location

and type as appropriate.

2.2.2 The Council, is considering producing a Design Supplementary Planning Document (SPD)

which will provide guidance on how to consider proposals for various types of development

and locations against these principles. This will review current Council guidance including

SPD’s. The District Council’s ‘Shop Fronts and Signs’ Design Guide SPD, will continue to be

applied. Other Local Design Guides will also be taken into account, including the forthcoming

Cumbria Design Guide and any other relevant publications. Landscape and visual impact

assessments and Design and Access Statements along with local published guidance will be

used to inform the degree to which proposals comply with the policy.

Policy Links

Saved Local Plan Policies to be replaced S2 South Lakeland Design Code S12

Crime and Design S13 Security Measures

in Town Centres S14 Shop Fronts, S15,

External Blinds, C5 (in part) External

Lighting and Tr6a (in part) Disabled Access

and Parking Arrangements.

Core Strategy Links Policies CS1.1, CS6.2, CS8.7, CS8.9 and

CS8.10

NPPF paragraphs 17, 69 and Section 7 56-68

Other documents or guidance Local Plan Appendix F Security Measures

to Retail and Commercial Premises


16

2.3 Historic Environment

Policy DM3 – Historic Environment

Purpose: To protect and enhance the valuable heritage and Historic Environment of the

District

Assessing Significance Development proposals affecting any aspect of the Historic

Environment must be supported by an assessment of affected assets’ significance. This

should:

1. include details of how the assets and their significances will be affected by the

proposed development;

2. demonstrate a clear understanding of the significances and show how the proposals

will minimise any adverse impacts on the asset and its setting.

Weight placed on the importance of an asset will be proportionate to its significance and

status. These factors, along with any wider contributions the asset has to social, cultural,

economic and environmental objectives, will determine the acceptability of the proposals

in principle.

Subject to acceptability in principle: Heritage Assets

Development proposals affecting heritage assets, both designated and non-designated (

either those on the Council’s Local List, or identified during the application process), will

be supported provided that they:

1. protect and/or enhance the special architectural and historic interest of the asset;

2. protect and/or enhance the appearance, character and setting of the asset; and

3. take opportunities to aid the promotion, enjoyment, understanding and interpretation

of the assets, as a means of maximising wider public benefits and in reinforcing the

local area’s identity and sense of place.

Conservation Areas

Development proposals affecting, or within the setting of Conservation Areas will be

supported provided that they:

1. support the preservation and enhancement of the character and appearance of the

special architectural and historic interest of the Area, including its setting and any

views within, into or out of the Area;

2. take fully into account the identified significance contained in the adopted

Conservation Area Appraisal and Management Plan for the relevant designated area

and;

3. respect the built and spatial character of the designated area and its setting in terms

of height, scale, physical massing, and the materials used in any design.


17

Exceptionally, proposals involving the demolition, partial demolition or significant alteration

of a Heritage Asset including a building or structure that contributes to the character or

appearance of a Conservation Area will be allowed only where the following all apply:

1. there is a need for the proposal to go ahead in order to address clearly evidenced

overriding matters of public safety or substantial public benefit, including

demonstrating that the degree of harm or loss would clearly be outweighed by

bringing a site back into an appropriate and viable new use;

2. that no viable use of the site has been found following an appropriate level of

marketing that would secure its conservation in the medium term;

3. that the securing of grant support or a means of charitable or public ownership would

not represent a feasible way of ensuring the asset’s conservation;

4. that an appropriate level of recording of the asset, building or structure and it’s

heritage significances takes place before any works commence;

5. a clear and firm commitment, including timeframes and opportunities for interpretation

of the destroyed asset, is in place to carry out an appropriate replacement use of the

site.

Archaeology

Subject to acceptability in principle, proposals that affect sites where there are known or

where there are likely to be assets of archaeological significance will be supported where:

1. measures to ensure the mitigation of any harm to the assets through preservation of

the remains in-situ are put in place.

2. if preservation of the remains in-situ is not possible, the development will not

commence until an approved programme of investigation, recording and/or extraction

has been carried out. However, the ability to record should not be a factor in deciding

whether loss should be permitted.

3. if necessary to enable an application to be determined, a desk-based archaeological

assessment and, in some cases, a field evaluation are provided.

The Historic Environment Record should be used to guide likely archaeological potential

of sites subject to development proposals.

Public Benefits

Subject to the satisfaction of other policy considerations, proposals to enable or improve

public enjoyment of heritage assets in order to provide income for their upkeep will be

considered favourably provided that a planning obligation is entered into that restricts the

use of the funds generated by the proposals to the upkeep and maintenance of the

heritage asset and/or the enhancement of the public benefits afforded by the asset.



+1 +2 +1 -1 / +1


18

It is predicted that this policy will have positive impacts on sustainability overall. These

included raising the importance of heritage assets and setting a clearer decision-making

framework as well as enhancing protection for locally important and non-designated

assets. It is likely to support tourism through retaining the attractiveness and character of

settlements, reinforcing sense of place.


2.3.1 The historic environment plays a key role in shaping South Lakeland’s character and in

creating a sense of place in our towns and villages as well as attracting visitors and

providing opportunities for education and enjoyment. The impacts of new development on

heritage assets and features need to be taken carefully into account for these reasons and

for their own intrinsic value.

2.3.2 Heritage Assets include designated assets such as Listed Buildings, Conservation Areas,

Scheduled Ancient Monuments, Historic Parks and Gardens and Battlefields, as well as non-

designated sites or buildings of local significance that might be identified by the Local

Planning Authority. Because of their age, the uniqueness or distinctiveness of their form or

fabric, and the quality of their design they are usually irreplaceable. For these reasons

central government has decided that it is in the public interest for them to be given

protection. Local Planning Authorities are responsible for managing changes to such assets

via the need to gain consents and/or permissions.

2.3.3 Current policy seeks to safeguard and enhance historic environment assets, including their

settings, and to ensure that new development is sympathetic to local historic character and

cultural heritage, including the control of development affecting conservation areas, historic

landscapes and sites of archaeological interest, as well as setting out actions for the wider

management of historic environment.

2.3.4 In determining applications affecting heritage assets the council will take account of:

The desirability of sustaining and enhancing the significance of heritage assets and

putting them to viable uses consistent with their conservation; and

The desirability of new development better revealing the significance of a heritage asset,

or making a positive contribution to local character and distinctiveness.

2.3.5 Many heritage assets can sustain some amount of change without losing what is special

about them, but any assessment of the acceptability of a proposal will be judged against the

level of an asset’s significance, the extent and degree of impact that would occur, along with

any wider public benefit contributions the development has to social, cultural, economic and

environmental objectives. Proposals that clearly minimise any physical intervention, and

which use reversibility in design mitigation will be considered more favourably.

2.3.6 For these reasons development proposals affecting Heritage Assets must be supported by

an assessment of the affected assets’ significance, including all of those parts that would be

affected by the proposal; and, where relevant, its particular setting. It is also usually prudent

to explain why such changes are considered to be essential or sought after, and to clearly

identify whether any public benefits might arise from the proposal. The amount of


19

information needed should be “proportionate” to both the significance of the heritage asset,

and the degree of change that the proposals would make to that significance. So, for

example, substantial changes to a Grade I listed building would need far more information

than minor changes to a modest building in a conservation area.

2.3.7 The NPPF places requirements on Local Plans that current policies do not cover adequately

or at all (for example, the weight to be placed on the significance of an asset and

consideration of non-designated assets). In addition, some aspects of the current policies

are out of date due to changes in context or local circumstances over time.

2.3.8 National and Core Strategy policy don’t provide any specific criteria that can be used to

determine applications for development affecting the historic environment or cultural

heritage. Dealing with planning applications based on these policies alone could be difficult

and potentially inconsistent. It would reduce certainty as to how developments would be

considered and is not the approach taken by other authorities that have already adopted or

submitted the Development Management policies element of their Local Plans.

2.3.9 Adopting a new policy, such as that drafted above, that incorporates the strengths of Saved

Local Plan policies whilst bringing policy up-to-date was the option supported through Issues

and Options consultation and through liaison with Development Management Officers who

will be tasked with applying the policies. It will plug gaps in meeting the requirements of the

NPPF, provide criteria for determining planning applications and include policy giving weight

to the significance of heritage assets, for the treatment of non-designated heritage assets

(including those set out in a Local List) and for considering archaeology more closely.

Policy Links

Saved Local Plan Policies to be replaced C15 Listed Buildings and their Settings,

C16 Control of Development affecting

Conservation Areas, C18 Satellite Dishes,

C19 Sites of Archaeological Interest, C20

Historic Landscapes, S20 Control over

advertisements

Core Strategy Links Policies CS1.1, CS2, CS3.1, CS5, CS7.5,

CS7.7, CS8.2, CS8.5, CS8.6, CS9.2

NPPF paragraphs 7, 9, 17, 55, 61, 65, 77, 114, 115, 126-141,

156, 157, 169, 170

Other documents or guidance the Planning (Listed Buildings and

Conservation Areas) Act 1990, which

provides specific protection for buildings

and areas of special architectural or

historic interest

the Ancient Monuments and

Archaeological Areas Act 1979, which

provides specific protection for scheduled

monuments

http://www.legislation.gov.uk/ukpga/1990/9/contents





20

The Enterprise and Regulatory Reform Act

2013 introduces Listed Building Heritage

Partnership Agreements, Listed Building

Consent Orders and Local Listed Building

Consent Orders and Certificates of

Lawfulness of Proposed Works

http://www.legislation.gov.uk/ukpga/2013/24/contents/enacted

http://www.legislation.gov.uk/ukpga/2013/24/contents/enacted


21

2.4 Green Infrastructure and Open Space

Policy DM4 – Green Infrastructure, Open Space, Trees and Landscaping

Trees

New development should be designed to deliver net green infrastructure gains and

positively incorporate new, and protect and enhance existing trees*, (*including single

trees, tree groups, woodland and hedgerows), unless there are clear and demonstrable

reasons why their removal would aid delivery of a better development overall.

Proposals that would result in damage or destruction to trees or woodland that are subject

to Tree Preservation Orders, are Ancient, Veteran or located within Conservation Areas

will only be permitted where:

1. there is an overriding need for the development that outweighs the loss or harm;

and

2. the development is location specific and there is no preferable alternative location;

and

3. appropriate replacement planting is proposed.

Development that results in the removal of or damage to trees* will be required to provide

replacement trees on-site at an appropriate ratio in terms of numbers and species unless

demonstrably unviable.

New trees* and other vegetation planted as part of any replacement or wholly new

planting must:

1. promote diversity of species, including diversity of height; and

2. be appropriate to its location and intended purpose and function; and

3. be supported by an appropriate management regime.

In considering the location of buildings or planting of trees full account should be taken of

BS5837.

Open Space/Green Infrastructure Requirements – Quantity

Larger developments will be required to provide new high quality on-site provision of

green infrastructure of a type appropriate to the site and its context regardless of whether

accessibility standards are or are not met.

For new developments of over 10 dwellings6:where new open space is required through

other policies (i.e. where accessibility standards are not met), the following rates will be

used to guide the amount of new high quality on-site provision of the type(s) in which the

area is deficient:

6 In accordance with paragraph 31 of the NPPG and the Written Ministerial Statement of 28 November 28 2014, given legal effect by order

of the Court of Appeal on May 13 2016


22

Parks & Gardens, Natural and Semi-natural Greenspace and Amenity Greenspace

– 1.4ha per 100 houses (pro-rata) Play Areas and provision for young people – 0.05ha per 100 houses (pro-rata) Allotments – 0.08ha per 100 houses Civic Space – 0.015ha per 100 houses

The total amount required may include combining types of provision and should be

appropriate to the size and needs of the site and its context, taking into account factors

such as, topography, screening and landscaping needs and opportunities to enhance

other green infrastructure functions such as SuDS and connecting or creating habitats.

Where new open space is not required through other policies (i.e. where accessibility

standards are met), a commuted sum of £200 per bedspace will be sought - the minimum

total amount sought will be no less than the minimum required to achieve worthwhile

improvements to local green infrastructure in accordance with the Council’s current

evidence of local needs at the time of the application, up to a maximum of £250 per

bedspace.

All development proposals will result in net green infrastructure gains (quantitative and/or

qualitative as appropriate) and demonstrate that they have sought to deliver wider

requirements and objectives through the use of multifunctional green infrastructure and as

an integral part of a wider landscaping scheme. Where there are specific opportunities or

issues (such as biodiversity enhancement or air quality), urban greening and green

corridors should be created or enhanced and gaps in ecological networks re-connected.

This should include measures such as living/green walls and roofs and roof gardens, nest

boxes, hedgehog highways, wildflower areas, fruit trees and innovative use of planting,

species and space to provide and enhance Green Infrastructure and maximise its

functions and benefits.

All the above requirements contribute to the overall requirements for Green Infrastructure

and combining provision is encouraged (i.e. an amenity greenspace could include a play

area or semi-natural area and green/living roofs/walls can off-set, where appropriate,

some of the natural/semi-natural green space).



+2 +2 +1 0

The SA shows that this option would have positive impacts overall, including providing

additional clarity in the policy framework around quantity and financial contribution

requirements as well as through a requirement for net gains in GI, whether through quality

or quantity contributions, including connecting elements of GI to support networks and

through delivering GI that meets other needs such as surface water management or

supporting biodiversity and health and wellbeing objectives.


2.4.1 Green infrastructure incorporates open spaces, parks, playing fields, private gardens,

allotments, agricultural fields, hedges, trees, woodland, street planting, green roofs and


23

walls, rivers, streams, ponds and all other such features, regardless of their ownership,

condition or size. Green infrastructure is multifunctional and has a wide range of benefits.

The loss or compromise of elements of green infrastructure can have negative impacts. The

provision of new, or improvements to existing green infrastructure, including ensuring

connectivity between the different elements, is an important part of delivering and

maintaining high quality, sustainable communities.

2.4.2 National and Core Strategy policy provide a clear steer about the importance of green

infrastructure and that protection and enhancement are the primary objectives. In terms of

determining in which circumstances, if any, it may be appropriate to allow for the loss of

green infrastructure elements, land allocations policy and relevant saved local plan policies

do provide criteria, but only for specific elements of green infrastructure. In addition, clear

policies for determining the quantity (hectares and financial) of green infrastructure required

by new developments are currently lacking.

2.4.3 The new policy will help to address the gaps in terms of determining quantity and will also

ensure that useful elements of the old local plan policies are updated and retained. It allows

for a more comprehensive, integrated approach to be taken to GI, supporting the CS policy

and other polices and recognising the multi-functionality and many benefits of GI. All the

proposed policy requirements contribute to the overall requirements for Green Infrastructure

and combining provision is encouraged (i.e. an amenity greenspace could include a play

area or semi-natural area and green/living roofs/walls can off-set some of the natural/semi-

natural green space).

2.4.4 The rationale for the method for calculating the quantities required in terms of area or

financial contribution to open space is as follows:

Apart from Play and Young people’s space, which is skewed by the standards which are

based on current provision (many play spaces are very small because of the previous

policy), the figures are calculated based on:

Average household size in SL = 2.2

CS8.3b sets the standards per 1000 population.

At 2.2 per household, it would take 455 houses to equate to 1001 people.

So, e.g in Kendal 1.53 ha of amenity greenspace is sought by CS8.3b per 1000 population.

1.53 ÷ 455 = 0.003 – this is the amount per house you’d need to require in order to meet the

standard.

0.003 x 200 = 0.6 – this is the amount you’d need to require per 200 houses to meet the

standard.

Therefore 0.3 is required per 100 houses.

Using the standards set out in the Core Strategy, when the same calculation is undertaken

taking into account the standards for all settlements for amenity greenspace, natural/semi

natural space and Parks and Gardens and then averaged out to give an overall requirement

for the three types, it comes to 1.4ha per 100.


24

A separate figure could be re-calculated for each individual type and settlement but provided

a flexible, pragmatic approach is applied and developers are allowed to combine GI

provision i.e. they could deliver a mix of several elements/types of GI (as appropriate to the

site and GI functions/benefits most needed in/appropriate to that location) in 1.4ha on a site

of 100 houses, a reasonable yet useful contribution to GI could be achieved.

Separate figures are identified for play areas, allotments and civic space and these should

be applied where there are local deficiencies in these types. Nevertheless, provision for

these types, where required could be made within/as part of e.g. a wider amenity

greenspace/park or garden etc as appropriate.

2.4.5 This approach could allow for a ‘factoring in’ of additional/particular needs in developments

where there is likely to be a higher than average household size/number of children/older

people/other groups.

Policy Links

Saved Local Plan Policies to be replaced C3 Agricultural Land; C6-C7 Sites of

International and National Nature

Conservation Importance; C11 Tree

Preservation Orders; C20 Historic

Landscapes; C23 Tidal and River

Defences; C24 Watercourses and Coastal

Margins; L6-L7 Golf Courses; L10 Rights of

Way; L11 Disused Railway Lines; L12

Lancaster Canal; S3 Landscaping;

S18 Trees close to buildings

Core Strategy Links Policies CS1.1, CS8.1, CS8.2, CS8.3a,

CS8.3b, CS8.4, CS8.5, CS8.8, CS8.10,

CS9.1, CS9.2 and CS10.1

NPPF paragraphs Paragraph 17 (bullet 9), 58, 73, 74, 76, 77,

78, 99, 114, 115, 117 and 118

Land Allocations Links Policies LA1.9, LA1.10 and LA1.11



25

2.5 Rights of Way, and other routes providing pedestrian and

cycle access

Policy DM5 – Rights of Way and other routes providing pedestrian

and cycle access

Purpose: To maintain and protect the character of rights of way and provide a framework

for protection, creation and enhancement of all forms of pedestrian and cycle routes in a

safe, attractive and connected manner

Safeguarding rights of way

New development affecting rights of way will be permitted where it:

1. maintains and protects their character and function, and prevents their loss or

provides for a satisfactory diversion; and

2. provides, pedestrian / cycle links to existing routes as appropriate and

3. secures enhancements to ensure they remain safe, attractive and accessible to

potential users.

Other routes providing pedestrian and cycle access (non-rights of way, non-

definitive)

Proposals should seek to maintain and protect the character of other existing or proposed

routes providing pedestrian and cycle access whether of an informal or formal nature.

Provision of new Pedestrian routes, Cycle routes and Green Corridors

New developments, must support access to sustainable forms of transport and promote

active travel. Developments must include safe pedestrian access and where feasible cycle

access proportionate to the scale of development proposed, this may include new walking

and cycling routes connected to other routes, and key facilities, neighbouring areas and

public open spaces. Green corridors providing a walking and cycling accessibility function

will be encouraged especially in major developments.



+2 +2 +1 +1

The SA indicates that social impacts are significantly positive, with benefits for health and

wellbeing in terms of improving sustainable travel access. The draft policy would have

significant positive impact for the environment in terms of ensuring protection of landscape

quality and built environment. It would also have less significant positives for natural

resources. The SA predicts positive impacts on the local economy improving accessibility

to new employment sites.


2.5.1 Public rights of way, and other routes providing for safe, attractive pedestrian and cycle

access, facilitate sustainable patterns of movement between and within the open countryside

and urban areas of the district. They are key to the promotion of active travel. It is therefore


26

important such routes are maintained and protected and where possible opportunities for

their enhancement and additional links to them are realised.

2.5.2 Current Local Plan policy in line with National Policy seeks to protect public rights of way and

make for the provision of safe pedestrian and cycle routes. However, it is considered a new

policy is needed that applies these principles to other informal routes and to further expand

the Council’s expectations regarding provision of pedestrian and cycle access in new

developments. The degree to which this policy will be applied will be dependent on the type

and location of development proposed.

2.5.3 In considering how to apply this policy, the Council will exercise judgement on a case by

case basis. It will seek advice from the Highways Authority with regard to any proposal that

may affect such routes and the provision and detailed design of new routes within

development. In exercising the application of this policy key factors will include:

The degree to which an existing or new route does or could provide an important

connection to existing or proposed key local facilities and services including service

centres, employment areas and public transport provision,

The degree to which an existing or new route does or could provide an important

connection within existing neighbourhoods and communities, and linkages with other

neighbourhoods and communities including the open countryside,

The convenience and condition of an existing or new route, in terms of providing

safe, attractive means of access for all and

The degree to which the enhancement of an existing route or the provision of a new

route could offer wider public and environment benefits such as improving local

amenity, introducing biodiversity value, reinforcing green infrastructure linkages and

contributing to the provision of sustainable urban drainage and thus constituting a

green corridor function.

2.5.4 Transport Assessments and Design and Access Statements will be used to help determine

level of compliance with this policy. Where developments may directly affect an existing or

proposed rights of way, the Council will expect a Public Rights of Way Statement to be

submitted as part of a planning application.

Policy Links

Saved Local Plan Policies to be replaced L10 Rights of Way

Core Strategy Links Policies CS1.1, CS8.1, CS10.1, CS10.2

NPPF paragraphs 35, 41, 69, 75



27

2.6 Sustainable Drainage Systems

Policy DM6 – Surface Water disposal, Foul Water disposal and

treatment, watercourses, flood defences and consideration of wider

land drainage interests

Purpose: To ensure the appropriate management and treatment of surface and foul water

disposal to reduce the flood risk in the district.

Surface Water disposal

Development proposals should prioritise the use of sustainable drainage systems. Surface

water should be managed at the source, with reduced transfer and discharged elsewhere.

The following hierarchy should be adhered to for discharge:

1. into the ground (infiltration at source);

2. to a surface water body;

3. to surface water sewer, highway drain or another drainage system;

4. to a combined sewer

The approach to surface water drainage should be based on evidence of an assessment

of site conditions and any surface water discharge solution should reflect the non-statutory

technical standards for sustainable drainage (LASOO document March 2015) or any

subsequent replacement national standards. Measures intended to assist with surface

water management should be made clear as part of any submission.

Where there is no alternative option but to discharge surface water to a combined sewer,

applicants will need to demonstrate why there is no alternative and submit clear evidence

that the discharge of surface water will be limited to an attenuated rate, including an

allowance for climate change, agreed with the appropriate bodies.

Where drainage proposals are submitted which look at flood risk and proposed

sustainable drainage systems (SuDS) a drainage strategy should be submitted detailing

the following for the planning stages as below:


28

Drainage requirements including detailed maintenance and management arrangements

for the lifetime of the development will be secured by way of planning conditions and

and/or planning obligations.

SUDs should form an integral part of the green infrastructure framework of a site, utilising

existing natural wet features and providing wider amenity, recreational and biodiversity

benefits where appropriate. Canopy cover and trees can have benefits in this context in

helping to reduce full flows of water.

Foul water disposal and treatment

The first presumption will be for new development to drain to the public sewerage system.

Where alternative on-site treatment systems are proposed, it is for the developer to

demonstrate that connection to the public sewerage system is not possible in terms of

cost and/or practicality and provide details of the responsibility and means of operation

and management of the system for its lifetime to ensure the risk to the environment is low.

Where there are concerns that inadequate foul water treatment and drainage

infrastructure exists to serve proposed development, or where such provision cannot be

made within the time constraints of planning permission, it is the responsibility of the


29

developer to demonstrate how foul drainage from the site will be managed. In some

circumstances, it may be necessary to co-ordinate the delivery of development with the

delivery of infrastructure. In certain circumstances, a new development will be required to

discharge foul water to the public sewerage system at an attenuated rate.

Watercourses, flood defences and wider land drainage interests

Proposals will be permitted provided:

1. the long term safeguarding, restoration, improvement and access for maintenance

and improvement of watercourses, flood defences, river and coastal margins is

secured,

2. they avoid the extensive or unnecessary culverting of watercourses and

3. they cause no harmful impacts on the wider land drainage interests and strategies in

the locality.



+2 +4 +2 +2

The SA indicates that social impacts are significantly positive, with benefits for health and

wellbeing by helping to manage surface water flood risk and possibly improving access to

open space. The draft policy would have significant positive impact for the environment

contributing to positive effects upon water dependent biodiversity, and quality of landscape

and built environment. It would also have significant positives for natural resources, in terms

of helping to reduce the chance of foul water pollution. The SA predicts positive impacts on

the local economy.


2.6.1 Surface water and foul water disposal/treatment created by new development needs to be

managed in a sustainable manner in order to reduce the risk of flooding and prevent

environmental impacts including pollution. The use of Sustainable Drainage Systems should

wherever possible be prioritised in this regard.

2.6.2 Current local plan policy is largely silent with regard to the preferred approach to

management of surface water disposal, and it needs updating with respect to foul water

disposal and treatment to bring it into line with current and new guidance and practices. The

introduction of this policy is therefore necessary in this regard.

2.6.3 In line with this policy, proposals should clearly demonstrate with evidence, how they have

applied the surface water drainage hierarchy. The use of SUDs should be considered at the

earliest possible stage in the preparation of a design solution, in conjunction with any

landscaping and open space scheme. The degree to which any solution may be considered

appropriate will depend on its impacts on wider land drainage interests and strategies to

address water disposal management and flood risk. Other factors to consider are existing

natural and built features and systems such as watercourses, sewage treatment plants and

flood defences that have a role to play in managing water disposal and preventing flood risk.


30

2.6.4 Proposals that may harm the performance of such features and systems in this regard, or

may prevent other planned and proposed development or future growth opportunities from

being realised in this respect will not be permitted. Surface water and foul water disposal

must have regard for relevant sites of biodiversity importance (Natura 2000 sites) and linked

pathways ensuring no adverse effects on their integrity.

2.6.5 Planning Conditions and planning obligations will be imposed by the authority in order to

secure the maintenance, management of SUDs and may be imposed in order to provide for

adequate foul water disposal and treatment.

2.6.6 In accordance with national policy, the Council will work with the Local Lead Flood Authority

(Cumbria County Council) and the Environment Agency seeking their advice on the risk of

flooding from any proposed development and the suitability of a more sustainable drainage

approach to the disposal of surface water. Applicants at the earliest opportunities should

engage with the local sewerage provider to ensure the effective disposal and treatment of

foul water. A foul sewerage assessment will need to be submitted where development

involves either the provision of new non-mains drainage or the use of existing non-mains

drainage.

Policy Links

Saved Local Plan Policies to be replaced S26 Sewage Treatment and Disposal, C23

Tidal and River Defences and C24

Watercourses and Coastal Margins

Core Strategy Links Policies CS1.1, CS2-CS5, CS8.1, CS8.8

and CS9.1

NPPF paragraphs 17, 94, 99 and 100-104

Other documents or guidance Defra Sustainable Drainage Systems –

Non-Statutory technical standards for

sustainable drainage systems June 2015


31

2.7 Pollution and Contamination

Policy DM7 – Addressing Pollution and Contamination Impact

Purpose: To ensure the necessary protection of the district’s environment, and public

health and safety.

Location of development

As a principle, new development should be located in areas where exposure to pollution

and contamination is negligible.

Development will be permitted where the direct, indirect and cumulative effects of

pollution* will not have an unacceptable negative impact on health, the environment and

general amenity of existing or future occupiers and users. Any potential harmful effects

must be satisfactorily mitigated within the development proposal or by means of

compliance with planning conditions.

Applicants may be required to submit detailed assessments for approval to determine

compliance with the above.

Air Quality

All development must be at least air quality neutral in terms of emissions at source. Where

developments are likely to have impacts for air quality, the Council will work with

developers to look at ways of making sure the development has a positive and beneficial

impact on the environment utilising Council guidance. Air Quality Assessments will be

required dependent on the location and type and scale of the proposal. The Council will

use the outcomes of the assessments to identify the nature of any required mitigation

measures in order to ensure all development is air quality neutral.

Within designated Air Quality Management Areas (AQMA)7 the Council will promote

measures to improve air quality and will expect development proposals to avoid

introducing additional sources of air pollution. Where the outcome of an assessment

shows a proposal will introduce a negative impact for an AQMA, permission may still be

granted provided mitigation measures are incorporated into the proposal that will result in

at least a neutral effect. Where relevant, proposals will need to demonstrate how they will

contribute to targets set out within any published Air Quality Management Area Action

Plan.

Noise Pollution

Where proposals are likely to generate high levels of noise such as industrial

developments using noisy machinery (e.g. workshops), noisy sports and entertainment

premises, and where they introduce noise sensitive uses (e.g. housing) adjacent to major

sources of noise such as roads, railways and uses described above, a noise impact

assessment will be required in order to determine the extent to which noise could be a

harmful factor. To help reduce the impact of noise, appropriate and proportionate

mitigating measures will be required and appropriate limiting conditions will be attached to

permissions for development which, on the best available evidence, is likely to

7 The District currently has one Air Quality Management Area (AQMA) in Kendal covering parts of the town centre


32

1. give rise to sources of environmental noise, neighbour noise, or neighbourhood

noise which will have some adverse impact on the health, well-being and quality of

life of existing adjoining and nearby occupiers; or

2. result in some adverse impact on the health, well-being and quality of life of future

occupiers of the proposed development by increasing their potential exposure to

existing sources of noise in the vicinity.

Contaminated Land and exposure to contamination

On a precautionary basis, the possibility of contamination should be assumed when

considering individual planning applications in relation to all land subject to or adjacent to

previous industrial use and also where uses are being considered that are particularly

sensitive to contamination – e.g. housing, schools, hospitals, children’s play areas, open

space and highly sensitive groundwater used for portable supply.

Where development is proposed on such land or includes such uses a land contamination

assessment will be required to establish the nature and extent of the contamination. It is

the developer’s responsibility to secure safe development and provide the necessary

information. The minimum information that should be provided by an applicant is the

report of a Preliminary Investigation (desk study, site reconnaissance and preliminary risk

assessment). The findings of this will determine if further investigation is needed.

Where contamination issues are identified, development proposals for the site should

incorporate appropriate remediation and subsequent management measures to remove

unacceptable risks to human health, groundwater and the wider environment identified in

the assessment process, as appropriate for the uses proposed. The full implementation of

approved remediation measures will normally be required prior to the occupation of the

proposed development.

The Council will use local guidance to inform how it will consider pollution and

contamination in assessing any proposal. The Council’s Planning Application validation

checklist specifies when a planning application identifies when applicants will be required

to submit various assessments.

* sources – air, noise, light, dust, odour, smoke, fumes, gases, steam, smell, vibration,

groundwater.



+1 +1 +2 +1


health and wellbeing and quality housing. The draft policy would have positive impact on

the environment including benefits for biodiversity and landscape character depending on

types of measures required. It would also have some positives for natural resources,

improving soil and land resources. The SA predicts mixed impact on the economy,

dependent on requirements for air quality neutral developments.


33


2.7.1 New development can give rise to pollution if uncontrolled and ineffectively managed.

Development may also potentially be exposed to the effects of contamination. The type,

location, layout and design of new development all have a bearing on the degree to which

proposals may lead to, generate, or be exposed to pollution (air, noise, light, vibration, smell,

water, smoke and fumes, soot, ash, dust, odour, steam or grit) or contamination which has a

damaging effect on the environment and the public’s enjoyment, health or amenity.

2.7.2 Whilst pollution control regimes are governed by legislation outside the planning process8,

current local plan policy is limited in its coverage of how pollution and contamination impacts

should be addressed, only light pollution is the subject of any specific policy. This policy

seeks to ensure such coverage is provided in a collective manner.

2.7.3 The Council’s Planning Application Validation Checklist identifies when applicants will be

required to submit various assessments (air quality, noise impact, land contamination,

lighting, biomass, ventilation and extraction, private water supplies and non mains foul

drainage) as part of a planning application. The Council will use the findings of these

assessments to determine the degree to which pollution and contamination may be an issue.

2.7.4 All new development should aim to be air quality neutral. Council guidance in the form of the

publication ‘A guide for developers on air quality considerations’ will be used as a guide for

assessing applications with regard to impact on air quality. Potential developers should

contact the Council for advice and guidance in the early stages of the process. The District

currently has one Air Quality Management Area (AQMA) in Kendal covering parts of the

town centre. Proposals must not have a negative impact on air quality within the AQMA,

mitigation measures may need to be incorporated within specific proposals to ensure any

potential negative impacts do not arise in this respect. Such measures should help to meet

targets set out within the supporting Air Quality Action Plan. Required measures to mitigate

negative air quality impact will largely be determined by specific issues arising from traffic

flow generation but not exclusively so.

2.7.5 Contaminated land issues that arise through planning applications will be controlled through

the planning regime as opposed to Part IIA of the Environmental Protection Act 1990. It is

the responsibility of the developer to ensure that a site can and will be made suitable for its

proposed future use and that there are no unacceptable risks to human health, the

environment, property and/or controlled waters. The developer must carry out a site

investigation and remediation works as necessary, and the council will impose planning

conditions to this effect. The Council uses guidance referred to as ‘development of

potentially contaminated land and sensitive end uses – an essential guide for developers’ to

inform decisions on proposals that may raise contamination issues.

Policy Links

Saved Local Plan Policies to be replaced S26 in part Sewage Treatment and Disposal

8 The Environmental Protection Act 1990, The Clean Air Act 1993 and the Environmental Permitting Regulations 2010.


34

Core Strategy Links Policies CS1.1, CS9.1, CS2 and CS10.2

NPPF paragraphs 109, 110 and 121



35

2.8 Telecommunications and Broadband

Policy DM8 – High Speed Broadband for New Developments

Purpose: To ensure new development makes appropriate provision for

high-speed broadband connectivity.

Proposals for new residential (sites of 2 dwellings or more) and commercial development

must demonstrate how they will provide future occupiers with sufficient digital connectivity.

Development proposals must therefore:

1. demonstrate early engagement with infrastructure providers, and;

2. be accompanied by a ‘Connectivity Statement’ which explains the current internet

connectivity in the site’s locality and the potential for the site to be provided with high

speed broadband, and;

3. make provision for new premises to be provided with high speed (superfast)

broadband, or if this is not feasible ensure new development is ‘broadband ready’

through the installation of appropriate ducting and equipment.



+2 0 +1 +2

This policy should help increase people’s access to services and facilities online, and

allow people more freedom and flexibility in where they live and work, potentially resulting

in health and wellbeing benefits. Increased digital connectivity has the potential to reduce

the need to travel to access services. This policy could influence working and commuting

patterns by enabling more people to work from home. This policy could benefit the local

economy by offering a more accessible workforce and increasing the power of the internet

in rural areas in marketing, online training etc.


2.8.1 New build development too frequently suffers from delays in the installation of internet

infrastructure, and poor, unreliable or low speed connectivity. At a time when home working

is increasing in popularity and enabling more sustainable travel behaviours, as well as the

growing importance of high quality digital infrastructure for economic growth, it is vital that

new development in South Lakeland is properly connected to the digital world.

2.8.2 The National Planning Policy Framework is clear in its expectation that local planning

authorities should support the expansion of high speed broadband in their areas, and in a

more rural area like South Lakeland where average internet speeds lag behind national

averages it is important that the Council takes a proactive approach to ensuring the best

possible provision in new developments.

2.8.3 This policy is designed to ensure that digital connectivity is given due attention at the earliest

possible opportunity in development proposals to maximise the chances of new properties


36

being connected to the high speed9 broadband network. It aims to achieve this by requiring

developers to engage early with infrastructure providers, and specifically to take up

Openreach’s 10 free service11 of providing a connectivity assessment prior to submitting a

planning application. Applicants will then be required to submit a Connectivity Statement with

their planning application which summarises the findings of Openreach’s assessment and

explains how the developer intends to ensure satisfactory broadband provision in light of the

findings. Openreach’s connectivity assessment service is an optional service and therefore it

is considered necessary to introduce a local policy to ensure that developers take up this

service in South Lakeland.

2.8.4 Developers will also be encouraged to investigate a range of alternative broadband provision

solutions such as satellite broadband or community- led schemes as part of their

assessment of a site’s current and potential internet connectivity.

2.8.5 It is accepted that South Lakeland does not yet benefit from universal high speed broadband

coverage and that in some cases new build developments may be located in areas without

high speed coverage. Development proposals will be considered on a case by case basis,

giving consideration to the site’s location, current local broadband connectivity, planned

investments in the network, through for example ‘Connecting Cumbria’, and the likely costs

and viability implications of providing new developments with high speed broadband

connectivity. It may be in some cases that ducting could be provided to make properties

‘ready’ for future improvements to the network if it is cost prohibitive for improvements to be

made at the time of the planning application.

Policy Links

Saved Local Plan Policies to be replaced N/A – There are not currently any saved

Local Plan policies relating to broadband

provision.

Core Strategy Links Policy CS7.4 refers to encouraging

broadband provision in rural areas.

NPPF paragraphs Paragraph 43


9 High/Superfast broadband is defined as a minimum download speed of 24Mbps. 10 Or successor scheme, service or provider. 11 Following an agreement with the UK Government in February 2016 Openreach offers a free service that allows developers to receive an upfront assessment of the anticipated broadband speeds and connectivity to a site. Developers are required to provide basic information about the site and are recommended to apply for a connectivity assessment at least nine months before the first occupancy of the site otherwise provision will default to copper connectivity. The connectivity assessment will show: 1) if the development will be covered by the existing fibre broadband infrastructure, 2) if a developer contribution charge is applicable, and how much, 3) the forecasted range of ADSL (copper broadband) speed irrespective of Superfast fibre infrastructure availability, 4) the lead-time to deliver fibre infrastructure if greater than nine months but this will only be in exceptional cases.


37

3 Sustainable Travel

3.1 Parking Provision

Policy DM9 – Parking Provision, new and loss of car parks

Purpose: To ensure the provision of adequate parking

Car Parking Standards

Standards for parking provision will be considered on a case by case basis in consultation

with the Highways Authority using Cumbria County Council published guidelines which will

be applied flexibly.

In areas suffering from significant on-street parking problems, greater provision will be

sought where possible, or alternative measures to address the issue will be required.

Provision for convenient and secure bicycle and motorcycle parking will also be expected

to be provided in line with standards. A minimum standard for disabled parking spaces

within new development will also be applied.

The following factors will be taken into account in determining standards:

1. type, mix and use of development;

2. location;

3. accessibility of development;

4. availability of and opportunities for public transport;

5. local car ownership levels;

6. dominant effect of the car on the appearance and function of a development

including visual impact;

7. availability and number of parking permits within the locality;

8. availability of public car parking space in the vicinity;

9. encouraging the use of alternative means of travel;

10. impact on the road network;

11. extent of on-street parking in the vicinity; and

12. encouragement of the use of low emission vehicles.

New and loss of Car Parks

The Council will take into account the above factors when assessing proposals for the

creation of new car parks or loss of car parks and will expect developers to have regard to

the Manual for Streets when considering parking design.



+1 +2 +1 +2

The Sustainability Appraisal indicates that social impacts are positive, with possible

benefits for increasing access to services for all age groups and provision of quality

housing. The draft policy would have positive impact on the built environment by seeking

to reduce on street parking. It would also have some positives for natural resources, in


38

terms of encouraging sustainable modes of travel. The SA predicts positive impact on the

economy, by supporting access to jobs, tourism, leisure activities and homes.


3.1.1 The level of parking demand rising from new developments will depend on a range of

factors, including the type, scale and function of the end use, and its location. A balance

must be struck between providing over provision and not enough particularly in areas of

congestion. Planning decisions must be considered in context of promoting sustainable

transport choice.

3.1.2 This policy seeks to replace current local plan policies in relation to parking provision as this

is considered necessary in order to confirm how any future guidelines and standards will be

applied and to specify the range of factors that will be considered in determining proposals

for creation of new car parks or the loss of car parks.

3.1.3 National policy now makes clear that parking standards should be determined at the local

level in response to local circumstances. The Council currently uses the ‘’Parking Guidelines

in Cumbria’’ to inform decisions on the level of parking for new development, however, these

are very much advisory and have been applied flexibly and this will continue to be the case.

The Council will seek the advice of the Local Highways Authority in its application of this

policy and decisions relating to car parking provision.

Policy Links

Saved Local Plan Policies to be replaced S10 Parking provision in new development ,

Tr5 Town Centre Car Parking and Tr6a

Disabled Access and Parking Arrangements





39

3.2 Safeguarding Land for Transport Infrastructure

Improvements

Policy DM10 – Safeguarding land for transport infrastructure

improvements

Purpose: To maintain and protect transport routes offering opportunities for future

infrastructure improvements and sustainable travel

Developments will be permitted provided they safeguard opportunities for future transport

infrastructure improvements in relation to:

Lancaster Canal

Development must protect the line of the Lancaster Canal. Proposals that support and

enhance its wider economic, social, cultural, recreational and historic value will be

encouraged particularly its walking and cycling green corridor potential.

Development will be permitted provided it does not prevent or impair opportunities for its

restoration, or result in the loss of any buildings, locks or other structures associated with

it, or harm its visual amenity.

Disused railway lines

Development will be permitted provided it does not prevent or impair opportunities for

existing disused railway lines and their embankments to be converted for walking, cycling

or rail use. Proposals that support and enhance their economic, social, cultural,

recreational and historic value will be encouraged.

Other transport routes

Development will be permitted provided it does not prevent the delivery of any road or rail

schemes under formal consideration.



+2 +2 +1 +2

The Sustainability Appraisal indicates that social impacts are positive, with significant

benefits for increasing access to the countryside, open spaces and walking/cycling

contributing to health and wellbeing. The draft policy would have significant positive

impact on the environment by improving its quality through enhancement of such routes. It

would also have some minor positives for natural resources, promoting sustainable travel.

The SA predicts positive impact on the economy, by supporting access to recreation,

visitor attractions and potentially new employment opportunities.


3.2.1 Existing disused railway lines, and the Lancaster Canal provide opportunities for new and

enhanced sustainable forms of transport access and recreational and leisure opportunities.


40

Such opportunities may be affected by new proposals, and it is important to continue to seek

their protection in this regard. New developments should also seek to ensure they do not

compromise the delivery of any proposed transport scheme such as a new road or railway.

3.2.2 Current local plan policy seeks to protect such routes from development which may

compromise their reuse for such purposes. It is considered appropriate to carry forward

these principles into one policy, but also to support proposals that may enhance social,

economic, cultural and historic value of the Canal and disused railway lines. Development

which would be likely to prevent, or adversely affect the development of transport

infrastructure proposed in a safeguarded scheme will not be permitted.

3.2.3 The application of this policy will depend on the location of any proposal, and the status of

any proposed new road / rail scheme a alongside other projects and initiatives associated

with the Canal and disused railway lines. Such schemes, projects and initiatives are

identified in the South Lakeland Infrastructure Delivery Plan. Under formal consideration

means where serious thought has been given and public views have been sought.

Policy Links

Saved Local Plan Policies to be replaced L11 Disused Railway Lines, L12 Lancaster

Canal and Tr2 Safeguarding Land for

Transport

Core Strategy Links Policies CS1.1, CS8.1, CS10.1 and CS10.2

NPPF paragraphs 35, 41, 69 and 75



41

4 Housing

4.1 Housing Optional Technical Standards

Policy DM11 – Accessible and Adaptable Homes

Purpose: To ensure that new homes are accessible and can be easily adapted as

people’s needs change throughout their lifetime.

New homes must be designed and constructed in a way that enables them to be adapted

to meet the changing needs of their occupants over time.

The Council will require all new homes to meet the optional Building Regulations

Requirement M4(2): Category 2 – Accessible and Adaptable Dwellings12.

The Council will only consider exemptions to these requirements where the applicant can

provide evidence to robustly demonstrate that any of the following specific circumstances

apply:

1. it is not practically achievable given the physical characteristics of the site, or

2. it would significantly harm the financial viability of the scheme, or

3. it would severely compromise the high quality design of the site.



+2 +1, -1 +1 0

This policy will increase the amount of homes that are suitable for less abled people,

leading to positive impacts on health and wellbeing, and will increase the supply of decent

homes that meet a wider range of needs. It will reduce the likelihood of people having to

leave their homes as their needs change and allow people to stay within their local

communities, fostering mixed and inclusive communities.


4.1.1 South Lakeland’s population is ageing and this trend is set to accelerate. By 2039 there will

be an additional 10,200 over 65s and 7,000 over 80’s in the district. People’s housing needs

change as they get older, and homes designed in a way that makes them more easily

accessible and adaptable allows people to stay in their own homes for longer, as

adaptations are easier and cheaper to undertake.

4.1.2 The introduction of the optional standards in relation to accessibility and adaptability are not

only justified on the grounds of South Lakeland’s ageing population. Homes that meet the

Category 2 standards will be well laid out, practical to live in, and contain features and

measures that will benefit everyone, and in particular families with young children and

12 Or any subsequent national equivalent standard should the Building Regulations be reviewed in future.


42

people with temporary or permanent mobility issues or illnesses. Around a fifth of South

Lakeland’s population reported that they have a limiting health problem or disability in the

2011 census.

4.1.3 Evidence prepared by the Building Research Establishment revealed that older properties

are generally much more difficult to improve in terms of accessibility and adaptability. South

Lakeland has a much higher proportion of pre 1919 properties than the North West and

English averages and it is therefore even more important that new homes in the district are

built to higher accessible and adaptable standards to increase the overall proportion of

homes that are accessible and adaptable.

4.1.4 The optional standards broadly equate to the Lifetime Homes standard that has been

withdrawn following the Government’s National Standards Review and introduction of the

optional building regulations. South Lakeland already encourages Lifetime Homes through

its Core Strategy (Policy CS6.2) and it is not therefore considered that the introduction of the

Category 2 standard constitutes a significant change in policy direction.

4.1.5 With regards viability implications, the Council’s existing viability evidence already factors in

Lifetime Homes standards into the build costs of new homes. The Government’s cost

impact analysis of the new standards predicted that building an average 3 bedroomed semi-

detached property to the Category 2 standard would be £866. This is considered to be a

very minor increase in relation to the sales values of new build homes, and it is considered

that it could easily be absorbed by developers, or reflected in a slightly increased sales value

(this would equate to a 0.4% increase on a £200,000 property, for example).

Policy Links

Saved Local Plan Policies to be replaced N/A


NPPF paragraphs 50, 159

Other documents or guidance Building Regulations Approved Document

M: access to and use of buildings, volume

1: dwellings

https://www.gov.uk/government/publications/access-to-and-use-of-buildings-approved-document-m

https://www.gov.uk/government/publications/access-to-and-use-of-buildings-approved-document-m


43

4.2 Self-Build and Custom Build Housing

Policy DM12 – Self-Build and Custom Build Housing

1. Purpose: To encourage and provide a positive framework for self-build and custom build

housing.

2. The Council will actively support proposals for the sustainable development of self-build

and custom build homes.

3. The following locations are considered appropriate in principle for self-build and custom

build housing and will be considered positively in determining applications:

within Principal , Key and Local Service Centres;

within and on the edge of small villages and hamlets in accordance with policy

DM13 (Development in Small Villages and Hamlets);

on rural exception sites in accordance with policy DM14.

4. The Council’s self-build register will be used as a source of evidence of the demand for

self-build and custom build housing locally, and the level of demand will be a material

consideration in determining proposals.

5. In areas where the Council has evidence of strong local demand for self-build and custom

build housing it will encourage developers to consider whether an element of self-build

plots can be incorporated into development schemes as part of the housing mix.

Affordable self-build plots will be considered and encouraged as a suitable product within

the affordable housing requirement on larger sites.



+2 +1 0 +1

This policy should help increase the number of people providing themselves with decent

homes that meet their needs. Increasing levels of self-build could help people increase

their skills and training in construction. It could promote health and wellbeing and

community benefits particularly if small groups of self-builders work together. Self and

custom builders often seek higher environmental sustainability measures than minimum

building regulation requirements so this policy could help achieve environmental and

natural resources benefits. This policy could provide benefits for local suppliers,

tradespeople and craftspeople.


4.2.1 Self-build and custom build housing can be defined as homes built or commissioned by

individuals or groups of individuals for their own use. South Lakeland District Council’s

Council Plan contains a target for the Council to enable the development of 500 self-build

homes by 2025.


44

4.2.2 There is a strong push at a national level to increase self-build activity and a number of

requirements have been placed on local Councils:

The National Planning Policy Framework (paragraphs 50 and 159) requires local

planning authorities to clearly understand need, and plan for a mix of housing,

including for people wishing to build their own homes.

The Self-Build and Custom Housebuilding Act 2015 places a duty on local authorities

to keep a register of those seeking to acquire a plot for self-building and to have

regard to the register in carrying out their planning, housing, land disposal and

regeneration functions.

The Housing and Planning Act introduced a duty on local authorities to “give suitable

development permission in respect of enough serviced plots of land to meet the

demand for self-build and custom housebuilding in the authority’s area arising in

each base period”. The Act defines ‘demand’ as evidenced by the number of entries

added to the register during the relevant period.

4.2.3 Councils clearly need to adopt a proactive and positive approach to encouraging and

supporting self-build. The Council has been operating its self-build register since November

2014. The current number of entries on the register at present is relatively low but it is

considered that it is unlikely to provide a comprehensive picture of the total level of demand

in the district.

4.2.4 The Council will encourage and facilitate self-build and custom build housing, including

promotion of the self-build register, further engagement with local self-build groups,

instigating its small sites register in line with forthcoming national requirements and

consideration of Council owned land opportunities. This development management policy

will therefore form just one part of a wider package of measures intended to promote and

facilitate self-build and custom build housing development in the district.

Policy Links

Saved Local Plan Policies to be replaced N/A – there are no existing policies relating

to self-build

Core Strategy Links Policy CS1.1, CS1.2, CS6.1, CS6.2 and

CS6.4

NPPF paragraphs Paragraphs 50, 159

Other documents or guidance Self-Build and Custom Housebuilding Act

2015

Housing and Planning Act

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf

http://www.legislation.gov.uk/ukpga/2015/17/pdfs/ukpga_20150017_en.pdf

http://services.parliament.uk/bills/2015-16/housingandplanning.html


45

4.3 Housing Development in Small Villages and Hamlets

Policy DM13 – Housing Development in Small Villages and Hamlets

Purpose: To set policy and criteria for the scale and form of new housing development in

small villages and hamlets

New housing development on sites on the edge of small villages and hamlets (without

development boundaries) will be acceptable provided that:

1. the scale and design of the proposed development is appropriate to the scale, form

and character of the existing settlement, including taking account of the cumulative

impact of incremental development;

2. the scale and nature of the development will maintain or enhance the vitality of the

rural community within the settlement where the housing is proposed;

3. the site is well contained within existing landscape features, is physically connected,

and integrates with, the settlement, and does not lead to an unacceptable intrusion

into open countryside;

4. there are either services in the village where the housing is being proposed, or there

is good access to one or more other villages with services, or to the larger service

centres

5. the small village or hamlet comprises a recognised settlement of normally 10 or

more dwellings - in contiguous clusters and without significant open areas between

buildings.

Proposals for self-build or custom build dwellings will be encouraged, taking account of

evidence of need on the Council’s self-build register.



+2 / -1? 0/ -1? -1 +1

The Sustainability Appraisal identifies benefits from additional small-scale housing,

including meeting more housing need, including for self-build. The draft policy would also

have small scale benefits for the local economy, including helping retain a local workforce

and supporting local services and businesses. Inappropriate incremental or cumulative

growth could harm the character of settlements and the landscape setting. Additional

more dispersed development would have small scale impact on natural resources, from

some increased need to travel and additional costs of delivering some services.


46


4.3.1 Housing development in small villages, hamlets and the open countryside form an important

part of the district’s housing land supply as set out in Core Strategy CS1.2. It is therefore

important that planning policy is clear on the scale and form of housing development which

is acceptable in small villages and hamlets and also provide guidance as to which small

settlements are considered to comprise small villages and hamlets.

4.3.2 Draft policy DM13 supersedes that part of Core Strategy policy CS1.2 and supporting para.

2.25 relating to small scale ‘infilling and rounding off’ housing development on the edge of

the district’s small villages and hamlets with no development boundaries. The draft policy

sets out a revised approach to small scale development on the edge of small villages and

hamlets, based on a series of criteria to ensure new development is appropriate to the form

of the village, enhances or maintains the vitality of the rural settlement and does not result in

an unacceptable intrusion into open countryside.

4.3.3 The draft policy also provides more clarity on the definition of which settlements are

considered to comprise ‘small villages and hamlets’ for the purposes of this policy and Core

Strategy CS1.2. The policy also promotes the opportunity for self-build and custom build

housing on the edge of small villages and hamlets.

Policy Links


Core Strategy Links Policy CS 1.2 and paragraph 2.25

NPPF paragraphs 54 and 55



47

4.4 Rural Exceptions Sites

Policy DM14 – Rural Exceptions Sites

Purpose: To update Core Strategy Policy CS6.4 to take account of legislation and national

policy on the role of market housing and starter homes on rural exceptions sites.

Housing development proposals outside of development boundaries in the Service

Centres, and outside of Local Plan policy for development on the edge of small villages

and hamlets will only be considered where they provide 100% affordable housing under

the following exception site criteria:

1. there is clear evidence of local support for the scheme, having regard to the views

of the Parish Councils within the Local Area Partnership;

2. there is clear and robust evidence of housing need;

3. the housing will be affordable in perpetuity and for people with a local connection;

4. the scheme is of a scale and style appropriate to its immediate surroundings;

5. there is clear evidence of the viability of the scheme and

6. the scheme demonstrates good design that is sympathetic to the local area.

In the following exceptional circumstances an element of open market housing may be

allowed on rural exception sites, subject to clear evidence on viability:

excessive development costs due to site constraints;

the applicant can demonstrate that the additional revenue created by the

development of open market housing is essential to enable the delivery of

affordable housing on the site; or

the amount of open market housing is the minimum required to achieve site

viability and remains significantly less than the level of affordable housing

proposed.

The provision of open market or affordable housing for self-build or custom build on rural

exceptions sites will be encouraged, within the provisions of this policy.

In accordance with section 5(2) of the Housing and Planning Act 2016, the Council will

only accept Starter Homes as affordable housing provision on Rural Exception sites,

where there is evidence that:

the need for Affordable Rental and Discounted for Sale properties has already

been or is likely to be met, and


48

there is evidence that the Starter Homes affordable housing product is suitable to

help meet the remaining need for affordable housing.



+2 0 0 +2

The Sustainability Appraisal indicates that while the potential for additional (small scale)

development on Rural Exception sites may have some negative impacts for the

environment and natural resources, it would also have a positive impact in meeting more

affordable housing needs and achieving wider economic benefits through supporting rural

services, facilities and businesses.


4.4.1 Draft policy DM14 comprises a revision to Core Strategy policy CS6.4 to take account of

national policy in paragraph 54 of the NPPF and the Housing and Planning Act 2016. The

draft policy makes clear that a small proportion of market housing may be acceptable, where

justified by independent evidence, to enable a viable scheme to deliver a significant

proportion of affordable The Housing and Planning Act 2016 gives local planning authorities

power to dispense with the condition requiring the starter homes requirement to be met

where the application relates to rural exceptions sites. Draft policy DM14 indicates that the

District Council will only accept starter homes where the need for affordable rental and

discounted for sale properties has been met and where there is evidence that starter homes

would meet some of the outstanding need for affordable housing.

4.4.2 The revised policy also encourages the provision of both market and affordable housing as

self-build or custom build housing on rural exception sites.

Policy Links



NPPF paragraphs 54



49

4.5 Essential Dwellings for Workers in the Countryside

Policy DM15 – Essential Dwellings for Workers in the Countryside

Purpose: To provide a policy framework to guide when a new dwelling may be acceptable

in the open countryside to meet the needs of agriculture and rural businesses.

Proposals for dwellings in the open countryside for those working in agriculture or rural

businesses who need to live at or near their place of work will be supported where the

following criteria are met:

1. that an appraisal is submitted with the application which clearly establishes that

there is an existing functional need for the proposed dwelling and the size of the

approximate size of the dwelling ;

2. the need relates to a full time worker and not to a part time requirement;

3. the business or agricultural activity has been established for at least three years,

has been profitable for at least one of them, is currently financially sound and can

demonstrate a clear prospect of remaining so;

4. the functional need could not be fulfilled by an existing dwelling on the unit or any

other accommodation in the area which is suitable and available for occupation by

those concerned;

5. the applicant can show that within two years prior to the application no dwelling

has been sold, transferred or made unavailable (including the removal of a

relevant occupancy condition relating to the holding or business;

6. a dwelling cannot reasonably be provided at the location by other means including:

a. rearranging or extending an existing dwelling on the holding in a manner

which continues to meet the needs of any existing households,

b. the conversion of an existing suitable, underused or redundant building,

except where the use of that building already contributes to the viability of

the business

7. the proposed dwelling is located within or adjacent to the existing farm or business

For rural businesses established less than three years, the need for a dwelling should

normally be met by temporary accommodation, to be removed if the business ceases to

operate.

The financial appraisal will be subject to independent review by the Council, the fee for

which will be met by the applicant.



-1 and +1 +1 +1 0


50

The Appraisal indicates that social impacts are mixed, with the benefits of enabling

dwellings for businesses where a rural location is required, offset by the disadvantages

of a temporary dwelling for businesses established less than 3 years. The policy would

have positive environmental implications, by reducing the number of permanent

dwellings granted for business which fail later. The draft policy is predicted to have a

small beneficial impact on natural resources by reducing the need to travel from home

to work. It is predicted to have a neutral effect on the economy overall, although not

allowing permanent homes for businesses established less than 3 years might be

regarded as negative for businesses.


4.5.1 In exceptional cases workers in agriculture, forestry or other rural enterprises may require a

new dwelling in close proximity to their rural business. New isolated dwellings in the

countryside can have a negative impact on the openness and character of the countryside

and are only supported under special circumstances such as when accommodation is

required to enable agricultural, forestry and certain other full-time workers to live at, or in the

immediate vicinity of their place of work.

4.5.2 The NPPF states that isolated homes in the countryside should be avoided 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. The Core Strategy sets out that exceptionally

new development will be permitted in the open countryside where it is an essential

requirement in a rural location or to sustain an existing business.

4.5.3 Policy DM15 provides updated local criteria to guide the appropriate location and type of

new homes required to meet the needs of rural businesses. It introduces the new

requirement that only temporary dwellings will be accepted for new businesses established

less than three years. This is intended to reduce the risk of new permanent dwellings being

constructed for new businesses which subsequently cease to operate. The policy would

allow a new permanent dwelling for established, financially sound businesses, which meet

all the other criteria within the policy.

Policy Links

Saved Local Plan Policies to be replaced H9 Agricultural and Forestry Dwellings in

the Countryside,

H10 Removal of Occupancy Conditions

Core Strategy Links Policy CS 1.2

NPPF paragraphs 55



51

4.6 Starter Homes

Context

4.6.1 The Housing and Planning Act was granted Royal Assent in May 2016 and provides the

legislative basis for Starter Homes - the then Government’s flagship, affordable homes-to-

buy product. The then Government set a national target of delivering 200,000 Starter Homes

by 2020. The Act sets a statutory duty on Local Authorities to promote the delivery of Starter

Homes, but much of the detail of the Starter Homes product and its relationship to other

forms of affordable housing in meeting housing needs will be set out in forthcoming

regulations, guidance and proposed changes to the National Planning Policy Framework,

including:

The terms under which Starter Homes can be sold or let;

The requirement to provide Starter Homes in new development, including the site

size thresholds and the percentage of units to be provided as Starter Homes (it is

currently expected that 20% of dwellings on developments of 10 or more dwellings

will be required to be Starter Homes).

4.6.2 Key elements of the Starter Homes proposals already confirmed in legislation include:

They are considered to comprise affordable housing for sale;

They are to be sold at a minimum of 20% below market price up to a ceiling of

£250,000 (or £450,000 in London);

They can only be purchased by first time buyers between the ages of 23 and 40;

They are not required to be provided on Rural Exception Sites.

Issues

4.6.3 The full implications of the Starter Homes initiative will not become clear until the new

Government clarifies these issues through regulations and changes to the National Planning

Policy Framework. The Government’s approach to affordable housing and starter homes in

particular is a rapidly changing context. The Issues and Options report set out options

relating to Rural Exceptions policy, reflecting the then Government’s proposals for Starter

Homes at that time. The assessment of these options including a summary of Sustainability

Appraisal is set out in Appendix 1B. However the 2016 Act now clarifies that planning

authorities will not be required to provide Starter Homes on Rural Exception Sites.

Accordingly, draft policy DM13 (above) sets out the limited circumstances in which the

Council would consider accepting Starter Homes on Rural Exceptions sites.

Interim Position Statement

4.6.4 It is considered that the need for, and content of, future Local Plan policy on Starter Homes

cannot be determined until national policy and the approach of the new Government is

clarified in forthcoming regulations and changes to the National Planning Policy Framework.

Depending on timescales, future policy on Starter Homes will be consulted on and

progressed as part of the Development Management Policies DPD. This will take account of

forthcoming evidence on viability, including a review of up to date construction and policy

costs and any wider implications for future affordable housing policy.


52

4.6.5 In the interim the Council will continue to apply Core Strategy policy CS6.3 and its Affordable

Housing Guidance and take account of latest evidence of the nature and extent of affordable

housing need in regard to the new duty to promote the delivery of Starter Homes. The

Council’s cabinet on 24 August 2016 adopted an interim position:

that requirements for all forms of affordable housing should continue to be

determined with regard to local incomes and house prices in line with the National

Planning Policy Framework.

That, in areas where starter homes may be an appropriate response to meeting

affordable housing needs such as Ulverston, the Council work with the Homes and

Communities Agency to explore opportunities for direct delivery and other initiatives;


53

4.7 Affordable Housing in Designated Rural Areas

Context

4.7.1 In November 2014 the Government introduced National Planning Practice Guidance

accompanied by a written ministerial statement with the following provisions, intended to

reduce the regulatory and financial burden on small-scale housing development:

That Local Planning Authorities are not to seek developer contributions for

infrastructure or affordable housing on development proposals of 10 dwellings or less

or with a maximum gross floorspace of 1000 sq m;

That in designated rural areas (including all of South Lakeland apart from Kendal,

Ulverston and Grange-over-Sands parishes), the local planning authority can still

apply a threshold of 5 dwellings or fewer. However any contribution has to be in the

form of a cash payment to be paid after completion of units within the development;

That the above restrictions do not to apply to rural exceptions sites;

That a Vacant Building Credit be introduced, whereby in cases where development

involves the re-use or demolition of relevant vacant buildings, planning obligations

should only be levied on the additional floorspace created. National guidance advises

that the Vacant Building Credit should not apply where a building has been

abandoned and that in applying the credit, local planning authorities may take into

account whether a building has been made vacant for the sole purpose of

development and whether the building is the subject of an extant or recently expired

consent for substantially the same development.

4.7.2 The new guidance was challenged in the High Court by West Berkshire District and Reading

Borough Councils. On 31 July 2015, the High Court found in favour of the Berkshire councils

and quashed the relevant parts of the National Planning Practice Guidance. However the

Government challenged this decision in the Court of Appeal and on 11 May 2016, the Court

of Appeal found in favour of the Government. The National Planning Practise Guidance was

re-instated shortly afterwards.

4.7.3 South Lakeland’s affordable housing policy in Core Strategy policy CS6.3 requires that no

less than 35% of dwellings will be affordable on sites of nine or more dwellings in main

settlements, and three or more elsewhere, unless there is clear evidence that this would

make the development unviable. The policy requires that housing is available solely to

people in housing need at an affordable cost for the lifetime of the property.

4.7.4 Planning law requires that applications for planning permission must be determined in

accordance with the development plan, unless material considerations indicate

otherwise. National policy and guidance is a material consideration and the weighing of

these considerations is ultimately a matter for the decision maker.

4.7.5 At present, where there are specific reasons for not making affordable provision on site, a

contribution can be made based on the cost of on-site provision and subject to viability

assessment. If this approach were widened to be a more general approach to affordable


54

housing delivery for smaller schemes and that that approach were linked to robust delivery

mechanisms, the overall approach to housing delivery in the Core Strategy would remain

valid.


4.7.6 This issue was not raised in the Issues and Options Discussion Paper, consulted on in

autumn 2015, but has arisen as a result of the Court of Appeal decision in May 2016. It is

considered that the future Local Plan policy on Affordable Housing in Designated Rural

Areas cannot be developed until national policy and the approach of the new Government is

clarified in forthcoming changes to the National Planning Policy Framework. Depending on

timescales, however future policy on Affordable Housing in Designated Rural Areas will be

consulted on and progressed as part of the Development Management Policies DPD.

4.7.7 The Council’s cabinet on 24 August 2016 adopted an interim position as follows:

That in the interim, Core Strategy Policy 6.3 continues to be applied and that where

the planning balance justifies the application of the new planning guidance, schemes

of less than 10 dwellings in designated rural areas be allowed to contribute by means

of a commuted sum equivalent to the cost of on-site provision (subject to viability

testing).

That in the interim, in applying the vacant building credit, no vacant building credit

shall be allowable

o where the local affordable housing needs which underpin development plan

policy outweigh national planning practise guidance and the development is

viable without application of the credit.

o where a building has been abandoned;

o where a building has been made vacant for the sole purpose of

redevelopment;

o where an existing or recently expired consent incorporating an affordable

housing contribution exists for substantially the same development.

That requirements for all forms of affordable housing should continue to be

determined with regard to local incomes and house prices in line with the National

Planning Policy Framework.

4.7.8 On both the starter home and the small sites issues, the Council will closely monitor the

development and emergence of new policy and guidance by the new Government and bring

forward new policies in line with emerging guidance as appropriate.


55

4.8 Gypsies and Travellers Sites

Context

4.8.1 It is important that the Local Plan meets the needs of all sections of the community, including

Gypsies, Travellers and Travelling Show People. The preparation of the Development

Management DPD has provided opportunity to consider this matter further.

4.8.2 National policy in ‘Planning Policy for Traveller Sites’ was updated in August 2015. It

requires LPAs to engage with the travelling community, prepare robust accommodation

needs assessments (permanent and transit) and, based on this evidence:-

set pitch targets for gypsies and travellers accommodation needs

identify a supply of specific, deliverable sites to provide 5 years’ worth of sites

identify a supply of specific, developable sites or broad locations for years 6-10 and

where possible years 11-15

4.8.3 The updated national policy excludes from the definition of gypsies and travellers, those who

have ceased to travel permanently. It is understood the Government also intends to revoke

the ‘Gypsy and Traveller Accommodation Needs Assessments – Guidance’, 2007 and

publish new guidance. The Government has also made ‘intentional, unauthorised

development’ a material consideration in determining planning applications (weighing

against the granting of planning permission).

Issues

4.8.4 Core Strategy policies CS6.5a and CS6.5b set out overall policy and criteria to guide

proposed traveller sites and plots for travelling show people. At independent examination of

the Land Allocations DPD, the Council agreed to prepare an updated Needs Assessment

with other planning authorities in Cumbria and a DPD to update Core Strategy policy if

necessary, and, depending on the evidence of need, to set targets and identify sites to

provide a 5 years supply of sites.

4.8.5 The Gypsy and Traveller Accommodation Assessment (GTAA), published in November

2013, see http://tinyurl.com/pzgq2k6 indicated no need (or shortfall) in permanent pitches in

South Lakeland in the next 5 years. But records of unauthorised encampments indicated a

need for up to 8 transit pitches, in the south of Ulverston area.

4.8.6 The Issues and Options Discussion paper, November 2015, considered two options:

1. Update the Gypsy and Traveller Accommodation Assessment (GTAA), 2013, to take

account of revised national policy (August 2015) and forthcoming new national

guidance on assessments. Take account of the resulting evidence in a separate Local

Plan document or the forthcoming single Local Plan review from 2017. This could

include any revisions to Core Strategy policy, if judged necessary

http://tinyurl.com/pzgq2k6


56

2. Take account of the current evidence of need for transit pitches for travellers in the

2013 Gypsy and Traveller Accommodation Assessment (GTAA) and develop pitch

targets and make site provision accordingly through the DM DPD process, including

seeking suitable potential sites

4.8.7 Account has been taken of the responses to consultation on the Issues and Options

consultation and also of the Sustainability Appraisal of options, as set out in Appendix 1B

below (page 132).


4.8.8 It is considered that the weight of advantage lies in undertaking further work to consider

latest evidence of need, including dialogue with key stakeholders and representatives of the

travelling community. It is proposed that the resulting evidence of need for site provision and

any revision considered necessary to Core Strategy policies CS6.5a and CS6.5b be made

through a separate Local Plan document or the forthcoming single Local Plan review. This

further work is now underway and the preferred method and timetable for making site

provision and updating planning policy will be confirmed in the next review of the Local

Development Scheme.


57

5 Types of Development

5.1 Conversion of Buildings in Rural Areas

Policy DM16 – Conversion of Buildings in Rural Areas

Purpose: To set policy and criteria to indicate how and when traditional buildings in rural

areas may be converted to other uses.

The conversion and re-use of traditional buildings in the open countryside* for housing,

employment, tourism, recreation and community uses will be supported where:

1. the building is capable of conversion without the need for extension, significant

alteration or reconstruction;

2. for residential use the building is adjacent to or in close proximity to an existing

habitable dwelling, and the number of dwellings proposed is appropriate to the

surroundings;

3. road access is in place or can be created without damaging the rural character of

the surrounding area;

4. the proposal does not create additional demands for new agricultural buildings;

5. the building can be serviced by utilities which are, or can be made, readily

available and

6. the design:

a. does not result in significantly different external eaves and ridge heights;

b. for residential use, restricts domestic curtilage provision to a level

consistent with adjoining buildings and

c. uses original or matching stone or other material in any rebuilding of

external walls.

When granting permission under this policy the Council will remove permitted

development rights where appropriate, which would normally apply to the building and its

curtilage.

* outside Service Centres and policy DM13 on Development in Small villages and

Hamlets.



+1 +1 +1 +1

The Sustainability Appraisal predicts the draft policy would have localised small-scale

benefits for all elements of the appraisal.


58


5.1.1 The plan area contains a large number of agricultural and other rural buildings, many of

which could be converted to other uses. The NPPF urges local planning authorities bring

empty buildings into residential uses. For development in rural areas the NPPF states that

planning authorities should avoid new isolated homes in the countryside unless development

would re-use redundant or disused buildings and enhance their immediate setting.

5.1.2 Not all proposals to convert buildings to other uses require planning permission. The 2015

General Development Order permits change of use of agricultural buildings to residential

use, subject to prior approval on a number of matters. Draft policy DM16 sets out criteria to

guide the Council’s assessment of proposals to convert traditional buildings in rural areas to

other uses, where planning permission is needed or where prior approval is required on

matters where schemes comprise permitted development.

Policy Links

Saved Local Plan Policies to be replaced H11 – Conversion of Buildings within

Development Boundaries (housing)_

H12 – Conversion of Buildings Outside

Development Boundaries (housing)

E8 –Conversion and Reuse of Buildings

(employment)

Core Strategy Links Policy CS1.1, CS1.2, CS6.6 and CS7.4

NPPF paragraphs 51, 55



59

5.2 Retention of Community Facilities

Policy DM17 – Retention of Community Facilities

Purpose: To support the sustainability of the district’s communities and protection of

community facilities

All efforts to retain existing community facilities such as local shops, public houses and

village halls must be taken.

Outside of the town centres as defined on the Policies Map, the loss of community

facilities such as local shops, public houses and village halls will be permitted where it can

be demonstrated that:

1. there is adequate accessible provision of such facilities within the locality that

serves needs or

2. replacement is secured by a suitable site or premises within the locality or

3. it is no longer economically viable to provide the facility, evidence needs to be

provided to show this is the case i.e. the site has been marketed for sale in its

current use for at least nine months.

Development proposals involving premises last used for such purposes should accord

with the following approach:

1. first, re-use for an alternative community purpose ensuring the premises stays

entirely in community use,

2. second, re-use in part for community purposes and in part for other use(s) (such

as housing, commercial/business),

3. third, re-use for housing or another form of use resulting in the premises having no

community facility function.

All applications proposing the loss of such facilities will be expected to provide evidence of

the degree to which the facility fulfils a need in the locality.



+2 +2 +1 +1


benefits for supporting community cohesion and health and wellbeing and maintaining

access to services. The draft policy would have significant positive impact on the

environment by protecting facilities of local character and promoting their continued use. It

would also have some minor positives for natural resources, increasing opportunities to

improve energy efficiency of older buildings and reducing the need to travel to access

community facilities. The SA predicts positive impact on the economy, by preserving

viable facilities as a priority and potential new job opportunities (small-scale).


60


5.2.1 Community facilities are vital in delivering sustainable communities. They are defined as

village halls, places of worship, community centres, local shops, public houses, education

establishments, libraries, indoor/outdoor sports buildings, cultural and health buildings. The

loss of such facilities particularly in rural communities can result in reducing a community’s

ability to meet its day-to-day needs. This can result in people travelling larger distances to

such facilities disadvantaging the less mobile in particular and overall community wellbeing.

5.2.2 Current local plan policy only applies to the loss of rural facilities to residential use. It is

considered a new policy should be applied to all types of community facilities to any non-

community use outside of town centres. This is necessary in order to consider any proposal

involving loss of such a facility in a consistent manner. This policy will thus enable the LPA to

safeguard community facilities where their loss may harm the sustainability of a community,

and its ability to meet its local needs. It will require an applicant who proposes the loss of

community facilities to demonstrate such loss is justified; and show the degree to which a

community facility fulfils a need in the locality. It is a necessary update to current local plan

policies and is underpinned by the National Planning Policy principle to safeguard against

the loss of valued community facilities.

5.2.3 The council will require any application involving the loss of any community facility outside of

the defined town centres to be supported by written evidence and applicants should contact

the council at the earliest stage to discuss the details. The level of detail will depend upon

the nature of the proposals but could be expected to include evidence such as:

1. in the case of a business, the current and projected trading performance;

2. in the case of a community facility, the current and projected patterns of use;

3. the nature and condition of the building or site and the cost of repairs, renovations or

improvements needed to allow the facility to continue in operation;

4. the nature and location of comparable facilities;

5. the potential to relocate the use into other premises or to another site in the area; or to

retain the premises for an alternative community use, or in part community use and in

part for other use(s);

6. evidence that the premises has been actively marketed for a period of not less than nine

months at a realistic commercial rent (or sale price) that reflects current market

conditions by an appropriate agent with no interest being shown from potential

occupiers. Evidence might include sales literature, details of approaches, and details of

offers. (It should be noted that any evidence of a commercially sensitive nature or which

breaches commercial confidentiality would not be made publicly available);

7. evidence of the extent to which the facility fulfils a need in the locality.

5.2.4 Applicants proposing to redevelop or convert facilities resulting in their loss will be expected

to engage with local communities at an early stage in the planning process about the relative

importance of the facility to its users in order to demonstrate the degree to which the facility

fulfils a need in the locality.


61

5.2.5 In applying this policy, adequate accessible provision is defined as the presence of another

facility that provides the same types of services or facility within the locality readily

accessible by public transport, and safe walking and cycling routes. The definition of locality

will vary across the district, but should generally be taken to mean the area to which an

identifiable local population is served by the facility or service in question.

5.2.6 Operating alongside this policy is the Community Right to Bid. This right was introduced

through the Localism Act and gives community groups the right to prepare and bid to buy

community buildings and facilities that are important to them including, for example, shops,

pubs and community centres if made available for sale. The Council maintains a Community

Asset Register to hold all of these ‘assets of community value’. If an owner of a listed asset

wants to sell it they have to notify the local authority. The local authority then, in turn, has to

notify any interested parties. If local groups are interested in buying the asset they have six

months to prepare a bid to buy it before the asset can be sold. This initiative is governed by

separate regulations out with the planning process.

Policy Links

Saved Local Plan Policies to be replaced Policy H13

Core Strategy Links Policies CS1.2, CS2, CS3.1, CS4, CS5,

CS7.5 and CS9.1


Other documents or guidance


62

5.3 Tourist Accommodation – caravans, chalets, log cabins,

camping and new purpose built self-catering

accommodation

Policy DM18 – Tourist accommodation - caravans, chalets, log

cabins, camping and new purpose built self-catering

accommodation (outside the AONB)

Purpose: To support proposals for tourist accommodation that are located in appropriate

locations and are of an appropriate scale and to ensure that proposals will not have a

detrimental impact on their surroundings.

Caravans, chalets, log cabins and camping

Proposals for new static (including chalet and log cabin style accommodation), touring

caravan, and camping sites (including tents, yurts, camping pods and similar structures),

or the extension of an existing site, will be supported in principle within the local planning

authority area and outside areas of designated landscape importance, in appropriate

locations and to an appropriate scale, subject to the following:

1. for new sites, the site shall normally be associated with existing buildings or facilities;

and, 2. for both new site and site extensions, the site is contained within existing landscape

features (landform, trees/hedgerows or planting). Additional effective landscaping

may be needed to supplement proposals and to minimise/avoid harmful landscape

impacts; and, 3. for both new site and site extensions, proposals should protect biodiversity assets

and seek to raise the environmental value of the proposal site in terms of biodiversity;

and, 4. proposals for static caravans, log cabins, chalets, camping pods and similar

structures, should be constructed of appropriate external materials and colours that

are sympathetic to its locality.

Where proposals for new sites or extensions to existing sites affect the setting of the

Arnside and Silverdale AONB or National Parks, development will only be permitted where

it is concluded that such proposals will not have an adverse impact on conserving the

landscape and scenic beauty of the area.

New purpose built self-catering tourist accommodation outside development

boundaries

Proposals for new build purpose built self-catering accommodation (excluding caravans)

outside development boundaries will normally only be permitted in exceptional

circumstances.

Occupancy of holiday accommodation – caravan sites, chalet, log cabin (or other

year round stationed units) and new purpose built holiday accommodation

The Council will consider the need to impose planning conditions:


63

1. to ensure that the proposed accommodation is only used as holiday accommodation

and not as a primary or main residence. This may require the provision of a register of

occupants. The exceptional use of holiday accommodation as a primary or main

residence for a site owner or manager will be considered under policy DM15.

2. to restrict the opening period(s) for touring caravan proposals in order to minimise any

environmental or landscape impacts.



+1 +1/+2? -1 +2

The policy should help prevent negative impacts on the environment, by ensuring that

development is located in appropriate locations and is of an appropriate scale. The policy

strikes a balance; allowing development in appropriate locations, (new sites should

normally be associated with existing buildings or facilities), and protecting the environment

– the landscape character. It seeks to ensure that design, colour and materials are

appropriate to the locality. The policy should ensure that proposals for new purpose built

accommodation (excluding caravans) outside development boundaries will normally only

be permitted in exceptional circumstances.


5.3.1 Although the pattern of demand for camping and camping holidays has fluctuated over the

past two decades, there are an increasing number of caravans in use, both static and

touring. The last decade has also seen new forms of development as the tourism market has

responded to demand by widening the range/type of development and increasing the quality

of the offer; such as chalets, log cabins, camping pods and yurts. There is particular

development pressure for extensions to existing sites and in some instances, to replace

static caravans with chalets or, log cabins.

5.3.2 Within the District, outwith the AONB, caravan site development is mainly concentrated

towards the coast - the Cartmel Peninsula, although over the past few years there have

been planning applications in the wider area, for example - for log cabin and chalet

development within the Furness Peninsula. The visitor season is now no longer limited to

particular seasons as in the past; visitors are generally now taking shorter but more frequent

breaks, resulting in an extended season.

5.3.3 The draft new policy reiterates support for the sustainable rural tourism and leisure

developments that benefit businesses in rural areas, communities and visitors and which

respects the character of the countryside in line with NPPF and Core Strategy policy. This

includes supporting the provision and expansion of visitor accommodation in appropriate

locations where identified needs are not met by existing provision in established settlements.

5.3.4 The draft policy provides that proposals for new build purpose built self-catering

accommodation (excluding caravans) outside development boundaries will normally only be

permitted in exceptional circumstances.


64

5.3.5 In line with the NPPF and Core Strategy (CS1.1, CS7.6), the draft new policy is supportive of

development that is of an appropriate location and scale. The draft policy seeks to ensure

that the setting of nationally designated landscapes; the Arnside and Silverdale AONB and

the two National Parks (which bound the LPA), are not adversely impacted by development

proposals.

5.3.6 In addition to the need to obtain planning permission, caravan, camping and chalet operators

must obtain a site licence from the Council. The site licence covers matters such as the

number and standard of spacing of the caravans and hygiene. SLDC’s Public Protection

Group (Licensing Team) issues site licences.

Policy Links

Saved Local Plan

Policies to be

Replaced

T6 - Caravan site development outside the Arnside and Silverdale

AONB

T7 – Extension to caravan park developments’ open season

T8 – Tented camping sites

T4 (part of) – Self-catering accommodation outside development

boundaries; and Appendix C – Standards for caravan development

Core Strategy

Links

Policies CS1.1, CS1.2, CS7.4, CS7.6, CS8.1, CS8.2, CS8.4, CS8.8,

CS8.10, CS10.2.

NPPF paragraphs 14, 17, 19, 21, 28, 32,109,111,112 and 118.

Land Allocations

DPD

LA1.1 – Development Boundaries

Other documents

or guidance

SLDC Site Licensing of caravan and tented camping sites: If a site is

open for 42 consecutive days or total of 60 days in any 12 month

period, then a site licence is required. Caravan site Licence

Survey/applications, residential conditions, seasonal conditions and

licensing of touring caravan sites. See

http://www.southlakeland.gov.uk/licensing-and-permits/caravan-

sites/

Caravan Sites and Control of Development Act 1960

http://www.legislation.gov.uk/ukpga/Eliz2/8-9/62

Mobile Homes Act 2013 – new licensing enforcement tools.

https://www.gov.uk/government/uploads/system/uploads/attachment

_data/file/285930/140227_Mobiles_Homes_Act_2013_-

_new_licensing_enforcement_tools.pdf

http://www.southlakeland.gov.uk/licensing-and-permits/caravan-sites/

http://www.southlakeland.gov.uk/licensing-and-permits/caravan-sites/

http://www.legislation.gov.uk/ukpga/Eliz2/8-9/62

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/285930/140227_Mobiles_Homes_Act_2013_-_new_licensing_enforcement_tools.pdf




65

5.4 Equestrian Related Development

Policy DM19 – Equestrian related development

Purpose: To support equestrian related proposals in appropriate locations and of an

appropriate scale and to ensure that there are no adverse impacts on their surroundings.

Proposals relating to the development of horse related facilities, such as field shelters,

stable(s), outdoor exercise arenas, and equestrian enterprises, such as pony trekking or

equestrian centres (stables, indoor riding arenas) and liveries, will be permitted in

principle, subject to the following provisions:

Commercial and large scale equestrian developments should be located within or

adjacent to an existing group of buildings, which are served by adequate road access and

servicing infrastructure.

For other development, new building(s) and/or associated structures should be located

within or adjacent to an existing group of buildings. Where this is not practical or

appropriate (such as with field shelters), they should be well screened and take advantage

of the contours of the land and any existing natural screening.

For all development the following will apply:

1. the scale of any building(s) and intensity of the use is appropriate for the site, the

local highways network and the landscape character of the area; and,

2. new built development and/or associated infrastructure (such as outside exercise

areas, storage, lighting, hardstanding, fencing and other paraphernalia), should,

where possible, be designed and well screened to take advantage of the contours of

the land and any existing natural screening from the surrounding area, in order to

minimise impacts on the landscape; and,

3. the surrounding roads and bridleways are adequate and safe for any increased use

by horse riders; and,

4. appropriate provision is made for the storage of waste, which will not result in any

adverse environmental impacts.

To help reduce the impact of the operation on the landscape and natural environment, the

Council may consider imposing planning conditions on any planning consent restricting

external storage and the installation of associated equipment.



+1 +1 0 +1

This policy should ensure that the negative impacts of a range of type and scale of

equestrian related development are managed and where appropriate, mitigation is

provided. It seeks to ensure that commercial and large scale equestrian development is

located where it can be adequately serviced by existing infrastructure, including highways


66

and is located within, or, near to existing buildings. It seeks to reduce the potential

negative impacts relating to impact on landscape character and associated impacts, such

as waste storage.


5.4.1 Horse riding and keeping are popular activities attracting a wide range of people as well as

being an intrinsic part of rural life; it can positively contribute to health and wellbeing. The

scale of horse related development, potentially, can range from small scale; a single field

shelter to relatively large scale; such as racing stables, a large indoor arena, or a riding

centre. There is an existing racing stable in Cartmel and there are a few riding centres within

the South Lakeland Local Planning Authority Area (LPA). The LPA has seen an increase

(over the last few years) in the number of proposals for equestrian development; mostly

comprising private domestic planning applications for either stables, field shelters or outdoor

arenas. The Council recognises that equine related development contributes towards the

provision of recreational opportunities and the diversification of the rural economy.

5.4.2 Horse keeping can be an appropriate use in the countryside, provided that care is taken over

the siting and location of facilities. By its very nature, equestrian development usually

requires a rural location, but the impact of either an intensive private equestrian activity or a

commercial riding centre, depending on its location, can potentially have an adverse visual

effect upon the appearance and landscape character of an area. It can also potentially

impact on local infrastructure (highways). In some instances there can also be a cumulative

impact, for example, due to further intensification of uses on a site. The draft policy proposes

that commercial and large scale development should be located in sustainable locations,

within or adjacent to an existing group of buildings, which are served by adequate road

access and servicing infrastructure.

5.4.3 The NPPF (Paragraphs 28 and 109) supports sustainable rural tourism and leisure

developments where they respect the character of the countryside. The Core Strategy does

not have any policies specific to equestrian development, but does seek to support the rural

economy and/or promote recreation in, and the enjoyment of, the countryside. A new

updated local policy specific to equestrian related development (replacing Local Plan Policy

L9) will provide a clear local decision making framework for development.

Policy Links

Saved Local Plan Policies to be replaced L9 – Equestrian Developments

Core Strategy Links Policies CS1.1, CS1.2, CS7.4, CS7.6,

CS8.1, CS8.2, CS8.4, CS8.8, CS8.10,

CS10.2.

NPPF paragraphs 28 and 109.

Other documents or guidance Supporting information and good practice

guidance for this type of development is

available from the British Equestrian

Federation which is the national governing

body for horse sports in the UK.


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5.5 Advertisements, Signs and Shopfronts

Policy DM20 – Advertisements, Signs and Shopfronts

Purpose: To provide a clear decision making framework for proposals for

advertisements, signs and shopfront to ensure high quality proposals.

The Council will carefully control advertisements and signs which require consent in

order to manage their impacts upon amenity and public safety. Proposals for

advertisements and signs will only be granted consent where they meet the following

criteria:

1. they do not result in visual clutter in the local area;

2. they are of a high quality design that is appropriate to their local context in terms of

materials, size, positioning, styling and method of illumination;

3. where attached to buildings they respect the building’s scale, proportions and

architectural features;

4. they do not result in unacceptable adverse impacts on public safety; and

5. they accord with relevant design guidance adopted by the Council.

The Council will exercise particularly strict controls over advertisements and signs in

the Area of Special of Control of Advertisements and those affecting Heritage

Assets and their setting. Proposals will be granted consent where the following

additional criteria are met:

1. they preserve and enhance the special qualities and character and appearance of

Conservation Areas, Listed Buildings, other heritage assets and their settings; 2. proposals avoid the use of projecting box signs and instead reflect, re-interpret or

complement traditional hanging sign styles; 3. proposals at Yard entrances seek opportunities where possible to advertise

multiple businesses to avoid the proliferation of individual signs and clutter; 4. where illumination is proposed it is considered necessary and is sensitively

designed for its historic context, generally avoiding internal illumination methods.

Advance directional signs will be permitted where the additional following criteria are

met:

1. the need for the sign(s) has been adequately demonstrated, in that the location and

nature of the premises is such that they cannot reasonably be located following

normal town or village direction signs; and

2. the number of signs and their size is limited to the minimum required to adequately

serve their directional function.


68

Shopfronts

Well designed and appropriate shop fronts, whether original or reproduction, should be

retained wherever practicable and restored when opportunity arises. Shopfronts should

relate in scale, proportion, materials and decorative treatment to the façade of the

building and relate well to the upper floors and adjacent buildings and/or shopfronts.

Proposals relating to shopfronts should accord with the relevant design guidance

prepared by the Council.



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The policy should help ensure good design, maintain local character and prevent negative

effects on the built and historic environment and landscape. The policy strikes a balance

between enabling businesses to promote their services and protecting local character.

This policy will help maintain public safety and should therefore be beneficial to health and

wellbeing although the effects are negligible when considered against the current policy

position.


5.5.1 Advertisements can affect the appearance of an area depending on their size, siting,

illumination and construction, and if uncontrolled can result in harmful impacts on the quality

of the built environment and landscape. Advertisements are therefore subject to varying

levels of control through the planning system. The display of advertisements is subject to a

separate consent process within the planning system set out in the Town Country Planning

(Control of Advertisements) (England) Regulations 2007 (as amended). Advertisements can

only be controlled by Councils on public safety and amenity grounds

5.5.2 The above draft policy does not represent a significant change in policy position from the

Council’s existing planning Local Plan policies in relation to advertisements and signs. It

brings together a range of existing policies and consolidates them into a single new policy for

advertisements and signs.

5.5.3 An area of special control order places additional restrictions on the display of

advertisements, for example reducing the size limits for deemed consent advertisements.

Areas of special control can be designated in locations where the local planning authority

considers that additional restrictions are necessary, such as in rural areas or other areas

which appear to the Secretary of State to require special protection on the grounds of

amenity. Most of South Lakeland has been designated an area of special control of

advertisements (ASCA) with only the central areas of Grange over Sands, Kendal,

Milnthorpe and Ulverston not falling within the ASCA.

Policy Links

Saved Local Plan Policies to be replaced Policy S14 Shop Fronts, S20 Control over

Advertisements S21 Areas of Special


69

Control of Advertisements, S22 Advance

Directional Signs and Appendix H

Core Strategy Links N/A

NPPF paragraphs 67-68

Other documents or guidance National Planning Practice Guidance –

Advertisements

Outdoor advertisements and signs: a guide

for advertisers

http://planningguidance.communities.gov.uk/blog/guidance/advertisments/

https://www.gov.uk/government/publications/outdoor-advertisements-and-signs-a-guide-for-advertisers

https://www.gov.uk/government/publications/outdoor-advertisements-and-signs-a-guide-for-advertisers


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5.6 Renewable and Low Carbon Energy

Policy DM21 – Renewable and Low Carbon Energy Development

Purpose: To promote and encourage appropriate renewable energy proposals.

Proposals for renewable energy development will be encouraged and supported where

they:

1. minimise landscape impacts and protect landscape character, based on a

thorough landscape and visual appraisal where required;

2. respect local character and the historic environment;

3. fully assess their potential impact on nature conservation interests and can

demonstrate that any adverse impacts can be avoided or sufficiently mitigated;

4. safeguard residential amenity by fully assessing and appropriately mitigating

potential effects including visual intrusion, glint and glare, shadow flicker, noise,

smell or other pollutants;

5. are sensitively designed in response to their context to minimise their visual

impact, paying careful attention to the scale, siting and massing of the technology

and associated structures and supporting infrastructure;

6. are compatible with existing civil or military aviation or telecommunications

installations and will not affect their operation;

7. can be satisfactorily served by the local highway network and will not have

unacceptable impacts on it during their construction or operational phases;

8. include measures for the removal of the technology and restoration of the site

should the technology become non-operational; and

9. will not have cumulative adverse impacts with other installed and permitted

renewable and low carbon energy projects and vertical infrastructure structures.



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This policy contains criteria regarding residential amenity and should positively contribute

towards protecting health and wellbeing. This policy will protect landscape features, nature

conservation and local character and will result in positive environmental effects. It

provides long term certainty in the case of national policy changing. It seeks to promote

and support appropriate renewable energy schemes but the effects of this on natural

resources and the economy are likely to be neutral when compared against the current

position.


5.6.1 One of the core principles of the planning system, as stated in the National Planning Policy

Framework is to support the transition to a low carbon future and secure mitigation and


71

adaptation to climate change. South Lakeland and Cumbria more widely has abundant

natural resources for renewable energy13, and these opportunities should be maximised and

carefully balanced with the need to protect the district and county’s special landscape

qualities and valued natural environment.

5.6.2 South Lakeland’s Core Strategy Policy CS7.7 already provides a positive and proactive

strategic policy to support renewable and low carbon energy developments in the district as

is required by the NPPF. It is not therefore not considered that any further strategic policy is

required in the Development Management Policies DPD in relation to renewable and low

carbon energy generation.

5.6.3 The online Planning Practice Guidance stresses the important role of the planning system in

the delivery of new renewable and low carbon energy infrastructure in locations where the

local environmental impact is acceptable, and is supportive of criteria based policies for

renewable energy provided that they are framed positively.

5.6.4 The proposed policy above is a positively worded criteria based policy that will provide a

clear decision making framework for renewable and low carbon energy projects to

encourage and support suitable energy development in South Lakeland. It streamlines and

updates the existing dated local policy framework and combines existing policies into one

overarching policy that can be applied to all forms of renewable and low carbon energy

development proposals.

5.6.5 A Ministerial Statement was released on 18 June 2015 and the Planning Practice Guidance

(PPG) was subsequently updated. Local planning authorities should now only grant planning

permission for wind turbines if the development is in an area identified as suitable for wind

energy development in their Local Plan, and if, following consultation, it can be

demonstrated that the planning impacts identified by affected local communities have been

fully addressed and the proposal has their backing. The Statement and PPG update do not

amend national wind energy policy but are considerations for plan making and decision

taking. The Council is not seeking to identify suitable areas for wind energy through the

Development Management Policies DPD and will continue to treat the Ministerial Statement

as material consideration in development management decisions. The issue of whether to

identify suitable areas will be reconsidered in the single Local Plan review.

Policy Links

Saved Local Plan Policies to be replaced Policy C26 Wind Energy, Policy C28 Hydro

Electricity, C29 Slurry, C30 Solar Power

and C31 Cumulative Impact of Renewable

Energy projects

Core Strategy Links Policies CS1.1 and CS7.7

NPPF paragraphs 17 (bullet point 6), 93, 94, 97, 98

13 See the ‘Cumbria Renewable Energy Capacity and Deployment Study’(2011)

http://www.cumbria.gov.uk/planning-environment/renewable-energy/renewableenergystudy.asp


72

Other documents or guidance Online Planning Practice Guidance

(Renewable and Low Carbon Energy and

Climate Change sections)

Government Written Ministerial Statement

HCWS42 (18th June 2015)

http://planningguidance.communities.gov.uk/blog/guidance/renewable-and-low-carbon-energy/developing-a-strategy-for-renewable-and-low-carbon-energy/

http://planningguidance.communities.gov.uk/blog/guidance/climate-change/

http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2015-03-25/HCWS488/


73

5.7 Hot Food Takeaways

Policy DM22 –Hot Food Takeaways

Purpose: To protect public health and safety interests, local and residential amenity, and

support the economic and social vitality and viability of the District’s communities.

Hot food takeaways use class A5 will be permitted where:

1. the proposal would not give rise to unacceptable environmental effects (related to

matters such as odour, fumes, filtration, noise and waste) which could not be overcome

by the imposition of conditions; and

2. the amenity of neighbouring uses and the character and appearance of the

environment is not adversely affected and

3. within the primary shopping areas as defined on the policies map it will not lead to

more than two such uses adjoining each other.

The Council will seek appropriate conditions attached to planning permission to secure

any necessary mitigation measures having regard to surrounding uses including

accessibility and proximity to sensitive uses such as schools, character of the area and

possible nuisance disturbances to residential areas, other uses and public health and

safety interests. Such conditions may include restrictions on the opening hours of new

premises.



+ 2 +1 0 0


benefits for health and wellbeing. The draft policy would have positive impact on the

environment by improving its quality. The SA predicts neutral impact on natural resources

and the economy.


5.7.1 Hot food takeaways help to support the vitality and viability of the district, by contributing to

the local economy and the sustainability of its communities. However, they can give rise to

harmful impacts for the environment, local/residential amenity and the health and well-being

of residents and visitors to the district. Proposals for new hot food takeaways need to be

carefully managed in this respect.

5.7.2 This policy seeks to facilitate the creation of new hot food takeaways in a manner which

respects public health interests and supports the vitality and viability of the districts

communities and centres. It is a necessary update of current local plan policies on hot food

takeaways, in context of new national policy and Core Strategy and Land Allocation policy

and need to consider health and well-being dimension.


74

5.7.3 Whilst in the main the principal of such uses will be supported where in accordance with the

Council’s retail policies and national policy, it has to be recognised that by their nature, in

some circumstances they can cause nuisance that may give rise to harmful impacts on the

character, appearance, residential and local amenity of an area. The degree to which

nuisance may arise will depend on locational circumstances.

5.7.4 An over concentration of hot food takeaways within town centres, particularly where they

form ‘’clusters’’ and displace other retail shops, breaking up the continuity of the retail

frontage, and creating dead frontages during the time many shops are open, can have an

adverse impact on the vitality and viability of a centre and as a result affect the overall

attractiveness of the centre to shoppers. It is important that such ‘clustering’ does not detract

from the primary retail function of these areas. This policy seeks to prevent a concentration

of hot food takeaways within the primary shopping areas.

5.7.5 The Council will consider all proposals for new hot food takeaways carefully in context of the

nature of surrounding uses and accessibility and proximity to sensitive uses such as schools

and houses. Conditions may need to be imposed on new premises in order to manage

potential adverse impacts and access in order to promote healthier lifestyles, safeguard

public safety, local amenity and retain the character of an area. Such conditions may include

restrictions on the opening hours of new premises.

Policy Links

Saved Local Plan Policies to be replaced Policy R10 Hot Food Takeaways in Primary

Shopping Areas, R11 Hot Food Takeaways

in Secondary Shopping Areas and R12 Hot

Food Takeaways in Residential Areas

Core Strategy Links Policy CS1.1 and CS7.5

Land Allocations Links Policy LA1.2

NPPF paragraphs 17, 23-27 123 and 171



75

6 Economy and Town Centres

6.1 Retail Uses Outside of Town Centres

Policy DM23 – Retail Uses Outside of Town Centres

Purpose: To maintain and enhance the vitality, viability and sustainability of the District’s

town centres.

Locally set impact thresholds for retail floorspace have been set and will be required for

proposals which exceed 2,000 sq.m gross outside the town centre* of Kendal, 1,000 sq. m

gross outside the town centre of Ulverston and 500 sq. m gross outside the town centres

of Milnthorpe, Grange-over-Sands and Kirkby Lonsdale.

*Town Centres as defined on the South Lakeland Local Plan policies map.



+1 +1 0 +1 / -1

The Sustainability Appraisal indicates that social impacts are positive, with benefits for the

vibrancy of town centres and protecting a sense of local history and access to services by

sustainable means of travel. The draft policy would on balance have neutral impact on

natural resources. The SA predicts mixed impacts for the economy in terms of retaining

investment in town centres.


6.1.1 National policy seeks to ensure retail, office, leisure, entertainment and arts and culture /

tourism development is directed to our town centres in the first instance. Proposals that may

potentially result in expenditure being taken away from our town centres also need to be

considered appropriately in terms of their possible impacts on their performance. It will also

enable the council to assess and manage appropriately the impact of retail proposals outside

of them in instances where they may potentially result in expenditure being taken away from

the locality.

6.1.2 National Policy allows Local Planning Authorities to introduce locally derived thresholds for

assessing the impact of any future edge/ out of town retail or main town centre proposal on

an existing urban centre where this can be justified through local evidence. Currently the

Authority applies the national default threshold in this respect (2,500 sq. m gross).

6.1.3 The proposed impact thresholds set out in this policy are in line with the findings and

recommendations set out in the South Lakeland Retail Study (2012). This looked at the

impact of edge-of-centre and out-of-centre retail proposals, based upon the scale and role of

each of the five centres the subject of this policy and the identified retail floorspace

projections. It considered that the impact of smaller development proposals could raise

concerns. A development of 2,500 sq.m gross will exceed or account for a significant

proportion of the projected capacity for retail floorspace in Kendal and Ulverston town

centres up to 2017 and significantly greater than the capacity identified in Milnthorpe,


76

Grange-over-Sands and Kirkby Lonsdale. The projections suggest that retail developments

of less than 2,500 sq.m gross could have a significant impact on the District’s town centres,

therefore the 2,500 sq.m gross threshold is not appropriate to local circumstances in South

Lakeland.

6.1.4 Since the publication of the Retail Study there has been very limited change in the

performance and composition of the district’s town centres (vacancy rates, changes of use

and permissions). Consequently it is considered appropriate to propose the recommended

thresholds in this respect.

6.1.5 The impact thresholds will be applied to all retail proposals that exceed the defined size

thresholds as set out in this policy, and applicants will be required to submit retail impact

assessments accordingly. Impact should be assessed on a like for like basis in respect of

that particular sector. The ‘impact’ test will be passed where it can be shown the proposal

will increase the retention of expenditure within a locality and claw back trade leaked to more

distant destinations.

Policy Links

Saved Local Plan Policies to be replaced Policy R2 Retail Development outside

Kendal Town Centre (in part only element

a) Policy R5 Retail Development outside

Ulverston Town Centre (in part only

element a)

Core Strategy Links Policy CS7.5, CS2, CS3.1, CS4 and CS5

Land Allocations – LA1.2

Land Allocations Links Policy LA1.2

NPPF paragraphs 23-27

Other documents or guidance South Lakeland Retail Study 2012


77

6.2 Kendal Town Centre and Canal Head

Policy DM24 – Kendal Town Centre and Kendal Canal Head Area

Purpose: To provide a policy framework for maintaining and enhancing the vitality,

viability, accessibility, social, economic, historic and environmental qualities of Kendal

Town Centre, Kendal Canal Head Area (and their environs)

Within Kendal Town Centre as defined on the policies map the Council will encourage:

in the primary shopping area proposals that contribute to widening its retail offer

and

outside of the primary shopping area proposals that widen its leisure,

entertainment, food and drink, arts, tourism, business/office offer in accord with the

retail policies and

residential development where it would not undermine the viability and vitality of

the primary shopping area retail function.

Within Kendal Canal Head Area* the Council will:

encourage proposals that complement the offer within the town centre, with the

priority emphasis on employment uses, alongside a mix of other uses including

leisure, entertainment, tourism, recreational and housing (of around 200 dwellings

but to be reviewed through next Local Plan);

retain the sites and premises within the Parkside Road Business Park as identified

on the policies map in employment use class B1, B2 and B8 14 ;

safeguard the public open spaces and amenity spaces as identified on the policies

map for green infrastructure purposes15;

safeguard the route of the Lancaster Canal, encouraging development that

enhances its recreational/green corridor function, and its, social, economic, historic

and cultural value and

ensure proposals are delivered in a holistic coordinated manner.

In both areas and their immediate environs the Council will:

retain the existing beneficial environmental qualities on offer, encouraging

proposals that result in public realm and open space enhancements;

ensure proposals do not prejudice the regeneration / redevelopment of any

identified opportunity sites and

encourage proposals that enhance walking and cycling networks resulting in

improved connectivity particularly across and alongside the River Kent, along the

Lancaster Canal, and access to key public transport nodes, residential,

14 As defined on the proposed Kendal Canal Head Area Policies Map as land to be safeguarded as an existing employment site. Proposals within the site will be considered against the provisions of Policy LA1.5 of the Land Allocations DPD 15 As defined on the proposed Kendal Canal Head Area Policies Maps as land to be safeguarded for public open space. Proposals within the open spaces will be considered against the provisions of Policy LA1.10 of the Land Allocations DPD


78

employment areas, open spaces and cultural/historic assets including Kendal

Castle.

*As defined on the proposed Kendal Canal Head Area Policies Map – see Section 9.



+2 +1/+2 +1 +4


increasing access to recreational activities, and housing delivery as well as health and

wellbeing. The draft policy would have significant positive impacts for the environment by

encouraging investment in the quality of the built environment and green infrastructure.

The SA predicts positive impacts for natural resources through promotion of sustainable

travel patterns. It predicts major positives for the economy through encouraging new job

creation and investment within Kendal Town Centre and Kendal Canal Head area.


6.2.1 Kendal is the main urban centre for South Lakeland and its character, vitality and cultural

importance must continue to promote a strong identity and brand for the district and provide

a high quality of life for its residents and visitors. The town must respond to changes in

shopping, working, living and leisure demands in a sustainable manner balancing

environment, social and economic interests.

6.2.2 A clear policy framework is therefore necessary in order to ensure its evolution is managed

in a cohesive way (looking holistically at environment, transport, economic, leisure, housing

and community interests) that seeks to ensure its character, vitality and cultural importance

is preserved in such a way. Such a framework should support a diverse retail, leisure,

business, entertainment and residential offer at its core. There is recognition that current

local plan policy doesn’t provide such a framework with respect to Kendal Town Centre and

its environs. Nor does it provide such a framework for land within the area defined on the

policies map as Kendal Canal Head. The inclusion of policy DM24 will ensure such a

framework is in place.

6.2.3 This policy will be applied in conjunction with the current local plan retail policies and will be

used to help provide a policy framework for guiding and determining decisions as

appropriate with respect to planning applications within the Town Centre, Kendal Canal

Head Area and their environs. Proposals will be considered on a case-by-case basis and will

be determined having regard to wider strategic interventions that may be required as well as

any local initiatives such as improvements to public spaces and any changes in national

policy with regard to town centres. However, it is important proposals within Kendal Canal

Head are considered in a holistic coordinated manner.

6.2.4 The Kendal Masterplan currently being prepared will be used to feed into a long term

strategy in the next phase of the Local Plan and provide a spatial framework for the

development and management of the town. It will include realistic and deliverable

opportunities to secure investment in town centre development and infrastructure, and

identify opportunity sites that could be regenerated / redeveloped in order to meet future

aspirations. This policy will provide a policy context for its implementation.


79

6.2.5 This policy safeguards a number of existing open spaces in the Kendal Canal Head area

(see Section 9) that are considered to have significant identified quality and value as:

Formal sports facilities, parks and gardens, natural and semi-natural greenspace,

green corridors, amenity greenspace, children’s play space, allotments, cemeteries

or civic spaces; or

Do not have significant quality or value in their current condition or use but have been

identified as offering the scope to address open space needs if their value is

enhanced

6.2.6 Sites are identified according to the following three categories:

Public Open Space, to which the public have access for informal recreational use;

Outdoor Sports Facilities, including formal sports pitches, golf courses and other

formal sports facilities;

Amenity Open Space, which is not accessible to the public but which nonetheless,

has amenity value because of its openness, appearance or landscape quality.

6.2.7 Proposals within the open spaces will be considered against the provisions of Land

Allocations Policy LA1.10.

6.2.8 This policy also ensures an appropriate degree of safeguarding for existing employment

areas in Kendal Canal Head where these are necessary to support the local economy. In

this context, the existing area of employment land to the south of Parkside Road is

safeguarded for employment purposes (see Section 9). Proposals within the site will be

considered against the provisions of Land Allocations Policy LA1.5.

Policy Links

Saved Local Plan Policies to be replaced Policy R1 Retail Development Kendal Town

Centre

Policy R8 in part Protection of Retail

Frontages in the Primary Shopping Areas of

Kendal

Core Strategy Links Policy CS2 and CS7.5

Land Allocations Links Policy LA1.2, LA1.5 and LA1.10

NPPF paragraphs 17 and 23-27



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7 Enforcement

7.1 Enforcement

Policy DM25 – Enforcement

Purpose: To ensure the Council can respond to suspected breaches of planning control

through application of policy and protocol.

South Lakeland District Council will:

1. investigate reported breaches of planning control and monitor development for

compliance in accordance with its Local Planning Enforcement Plan;

2. cases will be prioritised according to the public harm to amenity caused.

Investigations will be carried out proportionately in relation to the breach of

planning control identified;

3. keep personal details confidential at all times, unless required to disclose as part of

court proceedings;

4. keep relevant parties informed of any decisions made with regard to whether to

take formal action or of what action will be taken and likely timescales involved;

5. actively pursue complaints to an expedient conclusion;

6. in cases where there may be a technical breach of planning control but the public

harm caused is insufficient to warrant formal action, the relevant parties will be

informed of the reason for not taking formal action and the case will be closed and

7. negotiate with those responsible for the breach of planning control, allowing the

opportunity to resolve the matters of concern before taking formal enforcement

action unless the breach is so serious it warrants immediate action.

Where informal negotiations fail to resolve the identified breach of planning control or

where negotiations become protracted with no real likelihood of success, and where it is

considered appropriate and expedient to do so having regard to the provisions of the

development plan and any other material considerations, formal action will be taken.



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engaging people in democratic processes and improving wellbeing. The draft policy would

have positive impacts for the environment by protecting its character and biodiversity

assets. The SA predicts neutral impacts for natural resources and the economy.


7.1.1 Effective enforcement is important as a means of maintaining public confidence in the

planning system. Government policy guidance within the National Planning Policy

Framework makes it clear that enforcement action is a discretionary power, and that Local


81

Planning Authorities should act proportionately in responding to suspected breaches of

planning control.

7.1.2 The adopted local plan contains no policy in relation to enforcement. The Council has no

formalised enforcement plan. The introduction of this policy will ensure this will no longer be

the case. The policy will be implemented through a protocol (a Local Planning Enforcement

Plan) setting out how the Local Planning authority will manage enforcement proactively.

7.1.3 In taking enforcement action for breaches of planning control, the Council must have regard

to the Government’s Enforcement Concordat and the Regulatory Compliance Code. The

Council must also act within the principles of the Human Rights Act 1998 and The Equality

Act 2010 and ensure that unlawful discrimination is eliminated, and all action is taken in a

fair and consistent manner. Note the Council is not responsible for waste and minerals. The

Lake District and the Yorkshire Dales National Parks and Cumbria County Council are the

respective Waste and Mineral Authorities. The Council will pass complaints regarding these

activities to the appropriate Authority for their action.

Policy Links


Core Strategy Links Contributes to the delivery of the Core

Strategy as a whole

NPPF paragraphs 207

Other documents or guidance PAS guidance April 2016 – towards a pro-

active enforcement service: making the

most of the tools in the box

South Lakeland Local Plan Part 3 – Draft Development Management Policies Development Plan Document

82

8 Monitoring and Implementation

The table below sets out how we are planning to implement the new development management policies and how we will monitor whether they are

achieving their goals.

Policy How will it be implemented? Who is Responsible? Potential Indicators Target (where

appropriate)

DM1 – General

Requirements

Through development

management decisions

Onus on applicants to

demonstrate in compliance with

policy provisions, using

assessments where relevant

South Lakeland

District Council

Cumbria County

Council

Landowners /

Developers

Utility and

Infrastructure

Providers

Number of applications

approved in compliance

with provisions of policy

DM2 – Achieving

High Quality

Designs

Through development


Through possible future Design

SPD

South Lakeland

District Council


refused on grounds of non-

compliance with design

principles

DM3 – Historic

Environment

Through development


supported by evidence such as

assessment of significance and

Local List

South Lakeland

District Council

Number of heritage assets

at risk

Number of heritage assets

supported/enhanced

through new development


83


appropriate)

DM4 – Green

Infrastructure, Open

Space, Trees and

Landscaping

Through development


supported by Open Space/Green

Infrastructure Strategy and

potentially Green infrastructure

SPD

Using BS5837

South Lakeland

District Council

Net gains in Green

Infrastructure (ha) through

new development

Net additional trees planted

through new development

DM5 – Rights of

Way, other routes

providing pedestrian

and cycle access

Through development


South Lakeland

District Council

Cumbria County

Council

Parish and Town

Councils

Number of rights of way or

other routes lost

Number of rights of way,

other routes created

Number of enhancements

to such routes

DM6 – Surface Water

disposal, Foul Water

Disposal and

treatment

watercourses, flood

defences and

consideration of

wider land drainage

interests

Through development


To be considered further through

local guidance

Developers

South Lakeland

District Council

Cumbria County

Council

Environment Agency

United Utilities

Number of SUDs provided

Examples of how water

disposal requirements

have been incorporated

within green infrastructure

framework for proposals

HRA monitoring – water

quality and the River Kent

DM7 – Addressing

Pollution and

Contamination

Impact

Through development

management decisions utilising

findings of assessments where

relevant

South Lakeland

District Council


contribution to targets

within Kendal Air Quality

Management Area Action

Plan


84


appropriate)

Air Quality Emission data

monitoring, level of change

DM8 – High Speed

Broadband for New

Developments

Through development

management decisions.

Promotion of policy at pre-

application stage to highlight

need for connectivity

assessment.

South Lakeland

District Council

(Development Plans,

Development

Management)

Cumbria County

Council

BT Openreach,

Applicants

Telecommunications

providers.

Number of connectivity

statements submitted with

planning applications in

monitoring period.

Take-up of BT

Openreach’s connectivity

assessment service.

Number of new

developments provided

with high speed broadband

or with suitable

infrastructure to be ‘high

speed ready’.

Annual increase in

number of

connectivity

statements submitted

with planning

applications.

DM9 – Parking

Provision

Through development


South Lakeland

District Council

Cumbria County

Council

Number of applications for

car parking approved or

refused

DM10 –

Safeguarding land

for transport

infrastructure

improvements

Through development


Projects and schemes

Funding Streams

South Lakeland

District Council

Cumbria County

Council

Infrastructure Providers

Canal and River Trust,

Network Rail

Highways England


refused on grounds of

impact on such routes

Number of

schemes/projects

approved – stage of

implementation


85


appropriate)

DM11 – Accessible

and Adaptable

Homes

Through development

management decisions and

conditions imposed on planning

permissions.

Onus on applicant to notify

Building Control officer of level

M4(2) requirement so it can be

assessed accordingly.

Joined up approach between

development management and

building control needs to be

implemented.

South Lakeland

District Council

(Development Plans,

Development

Management and

Building Control)

Private Building

Control Inspectors

Developers

Number of homes

permitted with M4(2)

requirement imposed by

planning condition.

Number of homes built to

Category M4(2) Building

Regulation.

50% of new homes on

sites over 10 units to

be built to M4(2)

standard.

DM12 - Self-Build

and Custom Build

Housing

Through pre-application

discussions and development


Other Council functions such as

housing, land etc to implement

Council wide promotion and

facilitation of self-build.

South Lakeland

District Council

(Development Plans,

Development

Management,

Housing, Estates)

Developers.

Number of self-build and

custom build homes

permitted in monitoring

period (financial year).

Number of self-build and

custom-build homes

completed in monitoring

period (financial year).

Number of entries added to

self-build register in

monitoring period.

Council Plan target of

500 self-build homes

by 2025.

Annual increase in

self-build permissions,

completions, and

numbers on register.

DM13 –

Development in

Small Villages and

Hamlets




South Lakeland

District Council

Change in number and

percentage of dwellings

completed in small villages

and hamlets, together with


86


appropriate)

an appraisal of the impact

of the policy change on the

character of these

settlements as part of the

single Local Plan Review.

DM14 – Rural

Exceptions Sites




South Lakeland

District Council

Number of rural exception

sites approved and the

proportion of dwellings

which are affordable and

market

DM15 – Essential

Dwellings for

Workers in the

Countryside




South Lakeland

District Council

The number of essential

dwellings in the

countryside and

assessment of analysis of

appeals.

DM16 – Conversion

of Buildings in Rural

Areas




South Lakeland

District Council

The number of traditional

building conversions

granted, refused and an

analysis of appeals.

DM17 – Retention of

Community

Facilities

Through development

management decisions using

findings of

South Lakeland

District Council

Town and Parish

Councils

Number of community

facilities gained or lost

outside of town centres

Number of facilities

registered as a Community

Asset


87


appropriate)

DM18 – Tourist

accommodation –

Caravans (static and

touring), chalets, log

cabins, camping

(tents, camping

pods, yurts and

similar) and new

purpose built self-

catering

accommodation

(outside the AONB).




South Lakeland

District Council


approved and refused for

tourism accommodation.

Monitored annually by

number, type and location.

The number, type and

location of proposals

allowed/dismissed at

appeal, and the reasons -

planning policies used re

the Inspectors decision.

Monitored annually.

N/A

DM19 – Equestrian

Related

Development




South Lakeland

District Council

Equestrian development

applications approved and

refused, monitored

annually by number, type

and location.

The number and type of

proposals allowed at

appeal /dismissed at

appeal. Monitored

annually.

N/A

DM20 –

Advertisements and

Signs

Through development


South Lakeland

District Council


advertisement consent

approved and refused.


88


appropriate)

DM21 – Renewable

and Low Carbon

Energy Development

Through development


South Lakeland

District Council

(Development

Management,

Development Plans)

Number and type of

renewable energy

development permitted and

refused by the Council.

Number and type of

renewable energy

proposals

permitted/refused at

appeal.

For all decisions to be

taken in line with

development

management policy.

DM22 – Hot Food

Takeaways and

Food and Drink

Establishments

Through development


South Lakeland

District Council


hot food takeaway

establishments approved

or refused – reasons why

DM23 – Retail Uses

Outside of Town

Centres

Through development


South Lakeland

District Council


retail uses outside of Town

Centres approved or

refused on grounds of

impact assessment test.

Amount of additional retail

floorspace created outside

of town centres

DM24 – Kendal

Town Centre and

Canal Head

Through development


Kendal Masterplan

Project and scheme delivery

Funding Streams

Developers

Infrastructure

Providers including

South Lakeland

District Council and

Number and type of

applications approved

within these areas

Number and type of

applications refused within

these areas


89


appropriate)

Cumbria County

Council.

Number of schemes within

these areas approved

DM25 - Enforcement Through development


South Lakeland

District Council

Number and types of

breaches of planning

control


90

9 Kendal Canal Head Area Designations


91


92

Appendix 1 – Options Assessment

1A: Options Assessment Summary – For topic areas where

new Development Management policies are proposed

General Requirements for all development

Preferred Option

Preferred Option Why is it preferred?

Condense requirements into a new single or small number of development management general requirements policies that can be applied to any type of new development. Where other requirements may need to be applied additional policies would need to be adopted.

This option would enable the Council to adopt a consistent approach to the consideration of all proposals in order to ensure all proposals achieve a satisfactory standard of development. It also enables core planning principles within the NPFF to be fully reflected in local policy.



+2 +2 +2 +2

This option will have positive impacts for social progress objectives in terms of helping to create a clearer decision making framework and help people better understand the process and how decisions will be made. Overall it will assist with the consistency of decision making. Overall it provides scope to cover additional elements not already covered in other policies to better address current issues and meet the range of sustainability objectives.

Alternative Options

Alternative Option Why is it not preferred?

Maintain current policy position, include similar standard requirements within a set of policies for various types of development.

This option would not enable the Council to ensure decisions on development proposals are considered in a consistent manner, and it limits its ability to take account of NPPF elements and any other policy aspects not currently reflected in local policy.



N N N N

This option would result in the status quo being maintained, and result in no impact in terms of how current policy performs against SA objectives. It would therefore introduce missed opportunities in terms of realising SA objectives to their fullest.


Include no new policy or policies setting out such requirements and instead rely on the application of national and Core Strategy policies.

It is considered the Core Strategy doesn’t provide an appropriate policy context for considering development proposals against a common set of standard requirements that are necessary for Development


93

Management decision making. Relying on National Policy may leave the authority with a policy vacuum should this be reviewed and changed, and it doesn’t allow local circumstances to be applied.



? ? ? ?

This option would result in an uncertain outcome in terms of performance against sustainability objectives. The impacts would depend on whether other elements of existing policies that are deleted are already covered by national and Core Strategy policies and whether they are still required – if no real difference then the impacts would be neutral. It also creates uncertainty as it would be more vulnerable to national policy changes and does not create a clear decision making framework at a local level.


94

Quality Design

Preferred Option


Adopt a new policy setting out a list of specific design principles that should be applied to development as a whole.

This option would enable a policy to be adopted that incorporates current/new guidance, builds on the merits of existing local plan policy and ensures all proposals are considered against a set of design principles as appropriate. It would enable a consistent and clear approach to decision making when assessing the design merits of any scheme.



+2 +2 / +3 +1/+2 +2

This option would deliver positive impacts in terms of achieving the range of objectives as it provides an opportunity to include many elements that contribute to these objectives in one policy. It also enables an opportunity to provide a framework for a forthcoming SPD which would enable a clearer decision making framework to be introduced through provision of clearer guidance over Council expectations.

Alternative Option


Maintain current policy position, resulting in the retention of policy S2, S13, S14, S15, C5 and Tr6a in part (non-reference to parking) and associated guidance in their present state.

This option presents missed opportunities, and limits the Council’s ability to incorporate principles and guidelines that are in line with more common practices and current/new guidance in respect to assessing the design merits of a scheme, thinking about the role design has to play in context of other policies. Current policy does have a number of merits though and where the case it is considered appropriate to carry these through into the new policy



N N N N

This option maintains the status quo and therefore will have a neutral impact.


No longer apply any such policies or guidance and rely on national and Core Strategy policies. This option would result in the saved Local Plan policies becoming redundant.

This option would leave the Council with a weakened policy with regard to how design should be considered when assessing planning applications. It would make for less clear decision-making and possibly result in various standards of design (both poor and high quality) being achieved.



-2 -2 -2 -2


95

This option would result in a policy with negative impacts, as it would weaken the Council’s decision making process, and result in missed opportunity to ensure design is considered holistically with other policies enabling SA objectives to be most fully realised.


96

Historic Environment

Preferred Option


Adopt a new historic environment policy with amended/updated criteria to accompany the Core Strategy, resulting in the replacement of saved Local Plan policies.

This option would enable a policy to be adopted that incorporates current/new guidance, fulfilling the NPPF requirements and building on the merits of existing local plan policy. It will ensure that all proposals are considered against a set of clear requirements that protect and enhance the historic environment. It will enable a consistent and clear approach to decision making for designated and non-designated heritage assets.



+1 +1 ? +1

Although the sustainability benefits will depend on the precise content of the new Historic Environment policy, this option offered greater potential for positive impacts than other options. These included greater weight being given to public benefits of heritage, a simpler decision making framework, improving the quality of the built environment and the ability to employ a locally specific approach.

Alternative Options


Maintain the current policy position, resulting in the retention of policies C15, C16, C18, C19 and C20.

This option would mean that gaps would remain in the Council’s fulfilment of the requirements of the NPPF, meaning that this is not a reasonable alternative. Similarly, some out-of-date policy elements would remain and opportunities to improve the policies would be lost.



Not assessed as concluded not a reasonable alternative

During the SA it was concluded that this policy was not a reasonable alternative as it would leave the Council’s Local Plan non-compliant with the NPPF in terms of the weight to be placed on the significance of heritage assets and details as to how non-designated assets should be treated.


No longer apply any such policy and rely only on national and core strategy policy. This would result in saved Local Plan policies becoming redundant.

This option would mean that the Council would not be fulfilling the heritage-related requirements for Local Plans as set out in the NPPF. Most elements of the currently extant policies remain well-used in Development Management.




97

-1 -1 0 -1

Potentially, this option could also be considered not a reasonable alternative as it would not set out the NPPF requirements, leaving them open to case-by-case, inconsistent consideration and leaving gaps in policy provision. This option would not proactively conserve local heritage and non-designated assets would have no protection.


98

Green Infrastructure and Open Space

Preferred Option


Adopt a new policy with amended/updated criteria to capture issues not fully addressed by existing policies to complement the application of Core Strategy policy.

This option would enable a new policy to be adopted that filled existing gaps in policy, including a lack of clarity on the requirements for new open space in terms of quantity and financial contributions. It also allows for a more comprehensive approach to Green Infrastructure to be taken, including the protection and enhancement of trees, hedgerows and woodlands and taking better account of its multiple benefits and the appropriateness of different types in different contexts.


Social Progress Environment Natural Resources Economy +2 +2 +2 +2

The SA shows that this option would enable the retention of still useful elements of old local plan policy and existing policy whilst filling known policy gaps and allowing opportunities to be taken to improve the existing approach.

Alternative Options


Maintain the current policy position, resulting in the retention of existing saved Local Plan policies in their present state.

Taking this approach would mean that gaps in important policy detail would remain and opportunities to improve the policy would be missed



N N N N

The Sustainability Appraisal indicates that maintaining current policy on Green Infrastructure would, overall, result in no net change in impact on the four elements of the appraisal. Whilst current benefits would continue, policy gaps would remain. The SA notes that negative impacts could be mitigated in part by production of an SPD and the application of the policies but that policy provision to fill the existing gaps would be most beneficial.


Rely only on NPPF, Core Strategy and Land Allocations policies

Taking this approach would mean that gaps in important policy detail would remain and that useful elements of old local plan policy would not be carried forward/replaced



0/-2 0/-2 0/-2 N/-2

The SA shows that this option would maintain many of the basic principles relating to Green Infrastructure but would risk uncertainty due to NPPF changes, would lose locally specific approach, would miss opportunities and would allow policy gaps to remain.


99

Creation and Protection of Recreation Routes

Preferred Option


Adopt a new policy for all recreation routes with amended/updated criteria for considering any proposal that may affect them. This would involve replacing saved Local Plan policies L10, L11 and L12.

This option would enable the Council to adopt a policy that not only seeks the protection of designated rights of way, but also other pedestrian and cycle routes where possible. It also would enable the Council to further elaborate on expectations regarding provision of pedestrian and cycle access in new developments. It will help to embed Council objectives around promotion of active travel.



+2 +2 +2 +2

This option provides opportunity for policy provision to contribute further to social progress objectives (access to services and facilities, the open countryside and open space, health and well-being), environment (biodiversity) in particular, by covering other routes. It also provides the potential to contribute to environment objectives by enhancing the role of such routes as sustainable means of travelling, as well has having a recreational value.

Alternative Options


Maintain current policy position, resulting in the retention of policies L10, L11 and L12.

This option would result in a policy position that remains silent on how the Council will consider proposals affecting other pedestrian and cycling routes, and how the Council will encourage new walking and cycling routes in new developments. It would result in a missed opportunity to embed Council objectives around promotion of active travel.



0 0 0 0

This option would result in a neutral impact as it maintains the status quo.


No longer apply any policies and rely on National and Core Strategy Policies. This would result in policies L10, L11 and L12 becoming redundant.

This option would result in a policy gap for determining proposals affecting public rights of way and other routes, and also lack of reference to how the Council will encourage new walking and cycling routes in new developments. It would result in a missed opportunity to embed Council objectives around promotion of active travel.



-2 -2 -2 0/-2


100

This option would weaken support for SP objectives through to loss of criteria and locally defined policy provision.


101

Sustainable Drainage Systems

Preferred Option


Adopt a new policy that sets specific requirements for determining planning applications in relation to sustainable drainage systems.

This option would enable the Council to adopt a policy that sets out the preferred approach to management of surface water disposal and ensure this issue is covered in policy. It is also considered necessary in order to emphasise current and new guidance and practices with regard to foul water disposal and treatment. It would result in the plugging of a policy gap.



+2 +2 / +4 +2 / +4 +2

This option will have positive impacts especially with regard to environment and natural resources objectives. It will also have positive impacts for health and well-being and ensuring houses and other uses are safeguarded from flood risk. It will result in a clearer decision making process in terms of the Council’s expectations regarding how surface and foul water disposal should be considered, and will ensure any current and emerging best practice and local guidance is used to inform decisions in order for proposals to show they have satisfied policy requirements.

Alternative Options


Continue to rely on National and Core Strategy Policies and National Guidance/Standards.

This option will result in a policy gap, and prevent the Council from applying any local guidance/standards, which may mean decisions are made that do not fully reflect the local context/circumstances. It will be a missed opportunity in terms of preventing the Council from adopting a policy clearly setting its expectations with regard to how surface and foul water should be disposed of. Uncertainty may result should National Policy be lost or altered.



N N N N

This option will have a neutral impact as it maintains the status quo. It will result in missed opportunities for realising SA objectives to their fullest.


102

Pollution

Preferred Option


Adopt a new policy that provides more detailed requirements to mitigate and reduce levels of pollution from a development.

This option would enable the Council to set out specific requirements relating to all forms of pollution to be covered in a policy in a collective manner. It would result in the plugging of a policy gap in this respect.



+2 / +4 +2 / +4 +2 / +4 0/ +1

This option will have positive impacts by improving the degree to which current policy achieves social, environment and natural resources objectives. It provides an opportunity to improve clarity of approach with respect to how policy is used to determine the degree to which proposals will be exposed or create pollution / contamination impacts

Alternative Option


No Policy – rely on National Policies and associated guidance.

This option would result in missed opportunity to introduce locally specific measures and policy. It would maintain a policy gap with regard to how pollution will be considered.



N N / -2 N/ -2 N

This option will have neutral impacts in the main, but a negative impact if Policy C5 is lost all together. Uncertainties may remain should National Policy and Guidance be lost or altered.


103

Telecommunications and Broadband – High Speed Broadband for New

Development

Preferred Option


Adopt a new policy with amended/updated criteria and requirements and include broadband provision, resulting in the replacement of policies S28 and C18.

This option offers the opportunity for the Council to promote the provision of high speed broadband in new developments and improve coverage.


Social Progress Environment Natural Resources Economy +2 N/+1 N/+1 +2

This option would bring social benefits in terms of increasing people’s digital connectivity, enabling them to access facilities and service online more easily. It could help reduce the need to travel and resultant carbon emissions through people being able to work at home and making more sustainable commuting choices. It could provide benefits for the economy as high quality digital connectivity is a key factor for successful businesses.

Alternative Options


Maintain the current policy position, resulting in the retention (or combining) of policies S28 and C18.

The existing policy position does not include any reference to broadband provision and this option would not therefore allow the Council to ensure broadband connectivity is given due consideration early on in the planning application stage.



N N N N

This option would maintain the status quo and not therefore result in any different impacts than at present. Current policies do not address broadband provision therefore this option would be missing opportunities to promote better digital connectivity and the benefits it brings such as greater business opportunities, the reduced need to travel, better access to services and facilities.


No longer apply any such policy and rely only on national policy. This option would result in policies S28 and C18 becoming redundant.

This would not allow the Council to ensure broadband connectivity is given due consideration early on in the planning application stage.



N N N N

This option would be missing opportunities to promote better digital connectivity and the benefits it brings such as greater business opportunities, the reduced need to travel, better access to services and facilities.


104

Parking Provision

Preferred Option


Adopt a new policy combining existing policies and including a reference to how current requirements and local guidelines will be applied.

This option would enable the Council to set out its position on how decisions relating to parking standard requirements will be made in accord with local circumstances. It would enable current policies relating to car parking to be condensed into one policy. It would enable the Council to set out a range of factors that would be taken into consideration in a consistent way when assessing any proposal requiring car parking provision.



+2 +1 +2 +2

This option has potential to improve access to services and facilities thereby contributing positively to social progress objectives. It may also facilitate journey transfer to other forms of sustainable, health-promoting travel such as walking, cycling and public transport and therefore contribute positively to environment/natural resources objectives. It may also improve the effective operation of local businesses.

Alternative Options


Maintain current policy provision This option would result in lost opportunity to introduce any locally specific standards, which may mean the Council will be unable to respond to local circumstances effectively. It also would result in a missed opportunity to condense current policy into one, and ability to apply a range of factors to the consideration of all proposals requiring

car parking provision.



0 0 0 0



No Policy – rely on National and Core Strategy Policies

This option would result in lost opportunity to introduce any locally specific standards, which may mean unable to respond to local circumstances effectively. It would also result in a policy gap as there will be no local specific policy setting out the range of factors to consider when determining level of car parking provision.



-2 -1 -1 -2


105

This option would weaken policy in relation to social objectives (addressing needs of everyone – reference to mobility impaired), potential for appropriate improvements –environment, natural resources.


106

Safeguarding Land for Transport Infrastructure Improvements

Preferred Option


Adopt a new policy for all recreation routes with amended/updated criteria for considering any proposal that may affect them. This would involve replacing saved Local Plan policies L10, L11 and L12.

This option would enable the Council to set out its support for retention and enhancement of disused railway lines and the canal, whilst also emphasising how development should be encouraged which maximises their wider benefits.



+2 +2 +2 +2

This option provides opportunity for policy provision to contribute further to social progress objectives (access to services and facilities, the open countryside and open space, health and well-being), environment (biodiversity) in particular. It also provides the potential to contribute to environment objectives by enhancing the role of such routes as sustainable means of travelling, as well has having a recreational value and economic spin off value, thus contributing to economy objectives.

Alternative Options


Maintain current policy position This option would result in missed opportunity to combine current policies into one, and emphasise how development should be encouraged which maximises the wider benefits of the canal and disused railway lines.



0 0 0 0



No policy – rely on National and Core Strategy Policies

This option would result in a policy gap, there would be no local policy in place encouraging the reinstatement of the canal and disused railway lines for walking/cycling purposes or development that enhances their wider social, economic, historic value.



-2 -2 -2 0/-2


107

This option would weaken support for SPA objectives, it loses an opportunity to embed principles around sustainable/active travel through to loss of criteria and locally defined policy provision.

*Note this topic was the subject of the protection and creation of recreation routes Sustainability Appraisal.

Housing Optional Technical Standards – Accessibility and Adaptability

Preferred Option


Introduce the new optional building regulations in relation to accessibility and adaptability.

This option would enable the Council to make sure new homes are more accessible and adaptable to help meet people’s changing needs better, particularly its ageing population.


Social Progress Environment Natural Resources Economy +2 0 0 0

This option would help provide people with decent homes, it would help improve people’s health and wellbeing through living in more suitable homes, and would help maintain inclusive and mixed communities by enabling people to stay in their homes and communities when their needs change.

Alternative Options


Do not introduce the optional standards. This option would not enable the Council to meet its housing needs properly.



-2 0 0 0

This option would not help provide decent homes for everyone. It would result in more people living in unsuitable homes, with increased risks of accidents and health issues, or having to move homes as their needs change, leading to negative health and wellbeing impacts.


108

Self-Build and Custom Build Housing

Preferred Option


Adopt a new policy to support in principle self-build and custom build housing.

This option would raise the profile of self-build in the Council’s planning policy framework and set out clear guidance for prospective self-builders.


Social Progress Environment Natural Resources Economy +2 N / +2 N / +2 +2

This option may help more people to meet their own housing needs and provide themselves with decent homes in convenient and sustainable locations for their lifestyles, contributing to social progress SA objectives. Many self-builders seek higher environmental standards and ‘greener’ builds, opening up possibilities for positive environmental and natural resource impacts.

Alternative Options


Maintain the current policy position, encouraging (but not requiring) self-build and custom build housing, through existing national policy and existing relevant local policy and planning guidance.

This option would not offer explicit support for self-build and custom build through planning policy.



N N N N

This option would maintain the current baseline position and result in the status quo. There would not therefore be any impacts in SA terms.


Adopt a policy which requires a percentage of plots on larger sites above a specified size threshold to be made available for self-build or custom build housing.

The Council does not consider that it has sufficient evidence of self-build demand at this time to justify requiring the provision of such plots on larger development sites.



+2 ? / +2 ? / +2 N

This option would broaden the choice of new homes available and empower some people to meet their own housing needs and tailor new homes to their own needs and lifestyles. Many self-builders seek higher environmental standards and ‘greener’ builds, opening up possibilities for positive environmental and natural resource impacts.


109

Housing Development in Small Villages and Hamlets

Preferred Option


Adopt a new policy and/or planning guidance to: - Define what comprises a small village or

hamlet; - Amend or clarify the definition of infilling

and rounding off.

A new policy provides opportunity to set out a more consistent approach to small scale new development on the edge of small villages and hamlets, to replace ‘infilling and rounding off’. It has the potential to provide a more consistent approach which takes full account of the form and character of the village in its landscape setting. A new policy also can also help provide define what is (or is not) meant by a ‘small village or hamlet’.



+2 -2 -2 +2

The Sustainability Appraisal weighs the advantages and disadvantages of either a more permissive or more restrictive policy, but the scoring assumes the net result will be a small increase in the amount of amount of small scale development on the edge of small villages and hamlets. The draft policy would therefore have some benefits in terms of meeting additional housing need, including more opportunities for self-build and custom build housing. It would also generate additional economic activity. However it will have some disadvantages in terms of additional impact on the environment and natural resources.

Alternative Option


Maintain the current policy position in CS1.2, without further definition of small villages and hamlets, or of what constitutes infilling and rounding off – with a view to reviewing this aspect of strategic planning policy in the forthcoming single Local plan review.

Maintaining current policy would not result in any short term improvement in terms of clarifying the definition of a hamlet or small village. Also it would not help improve the definition of ‘infilling and rounding off’ or provide a more satisfactory alternative approach on the scale and form of acceptable development on the edges of small villages and hamlets.



N N N N

The Sustainability Appraisal indicates that maintaining current policy on infilling and rounding off would result in no net change in the impact on the four aspects of the appraisal. It notes that negative impacts will be mitigated in part by other existing policies and suggests that a less restrictive approach could have some social and economic benefits through meeting additional housing need and additional economic activity.


110

Rural Exception Sites

Preferred Option


Adopt new policy or amend existing policy to: - Clarify that a small proportion of market

housing may be accepted to enable affordable housing delivery;

- To encourage or require a proportion of housing to be for self-build or custom house building.

This option is preferred as it will make clear the Council’s position that a small proportion market housing will to enable the delivery of affordable housing, provided it is supported by an independent viability assessment. This may encourage more (appropriate) rural exceptions sites to come forward which will help meet affordable need. A revised policy also provides opportunity to encourage self-build and custom build housing and to clarify the Council’s position on Starter Homes in relation to rural Exceptions sites.



+2 -2 -2 +2

The amended policy may encourage more Rural Exceptions sites to come forward as a result of clarifying that a limited proportion of market housing may be acceptable where necessary to deliver affordable housing. The Sustainability Appraisal indicates that while the potential for additional (small scale) development may have some negative impacts for the environment and natural resources, it would also have a positive impact in meeting more affordable housing needs and achieving wider economic benefits.

Alternative Option


Maintain the current policy position in CS6.4

Maintaining current policy would

discourage rural exceptions sites by not making clear that national policy provides for accepting a small proportion of open market housing to improve the viability and delivery of affordable housing.

not make clear the Council’s position on the acceptability of Starter Homes on Rural Exception Sites.

lose the opportunity to encourage the provision of self-build and custom build housing.



N N N N

The Sustainability Appraisal indicates that maintaining the current rural exceptions site policy would result in no or limited change in regard to impact on the four elements of the appraisal. It indicates that the negative consequences of maintaining the existing policy would be mitigated by taking full account of national policy and any new policies to encourage self-build and custom build housing.


111

Essential Dwellings for Workers in the Countryside

Preferred Option


Adopt a new policy with amended/ updated criteria resulting in the replacement of saved Local Plan policies H9 and H10.

This option is preferred as it would give full opportunity to update and improve existing policy and in particular to take the opportunity to introduce the restriction that only temporary dwellings will be permitted for businesses in operation for less than three years.


Social Progress Environment Natural Resources Economy -2 N N N/+2

The proposal to allow only temporary dwellings for new businesses would have some negative implications for those seeking a new (permanent) home. A temporary dwelling could have some negative impacts on the environment and natural resources but these are offset by avoiding the negative consequences of developing a permanent dwelling for a new business which ceases to operate. Allowing a temporary dwelling (rather than no dwelling) to new businesses would support rural diversification.

Alternative Options


Maintain the current policy position, resulting in the retention of policy H9 and H10 in its present state.

This option is not preferred because it would not result in the updating and improving of existing policy. In particular it would miss the opportunity to introduce the restriction that only temporary dwellings will be permitted for businesses in operation for less than three years.



N N N N

The Sustainability Appraisal indicates that maintaining current policy unchanged would have a neutral impact on each element of the appraisal. It suggests that an improved policy which provides clearer guidance on when a new permanent dwelling is acceptable ;could have benefits for the environment and natural resources ;and offer more support to agriculture and other rural businesses.


No longer apply any such policy and rely on national and core strategy policy. This option would result in policy H9 and H10 becoming redundant.

This option would remove the benefits of a local policy with criteria which make clear how national policy will be applied locally. In particular it would not introduce the restriction that only temporary dwellings be permitted for businesses in operation for less than three years.



-2 -2 -2 ?/-2


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The Sustainability Appraisal indicates that the absence of a detailed local policy framework would offer less certainty for decision making, with negative impacts for all aspects of the appraisal. For example it could mean:

That housing needs are less likely to be met in an appropriate way

That negative impacts would increase for the environment and natural resources through less effective management of development

reduced business confidence


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Conversion of Buildings in Rural Areas

Preferred Option


Adopt a new policy with amended/ updated criteria resulting in the replacement of saved Local Plan policies H11 and H12.

This option is preferred as new and improved policy (subject to its specific content) provides opportunity to improve policy guidance in ways which result in more appropriate building conversion to residential use; achieve higher quality design; minimise landscape impact and strengthen the local rural economy.



0/+2 0/+2 0/+2 0/+2

The impact of a new policy depends on its specific content but has potential to impact positively on each aspect of sustainability appraisal. In terms of social progress new policy has potential to result in more appropriate conversions to residential use which meet the need for new homes. In regard to the environment new or amended policy could require higher quality building design and in locations which minimise landscape impact. In terms of the economy, new policy has potential to encourage and guide building conversion for various types of employment use which would strengthen the local economy, and increase employment in rural areas.

Alternative Options


Maintain the current policy position,

resulting in the retention (or combining) of

policies H11 and H12.

Maintaining current policy would not provide

opportunity to update, improve or simplify

current policy.



0 0 0 0

The Sustainability Appraisal indicates that maintaining the current policy position would

not result in any different impacts than currently experienced. In practice the expansion of

permitted development rights provides greater scope for conversion than was available

under Local Plan policy.


No longer apply any such policy and rely

only on national and core strategy policy.

This would result in policies H11 and H12

becoming redundant

No longer having a local policy framework risks

building conversions taking place in less

appropriate and sustainable locations and

being developed to a lower standard and

quality.



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-2 -2 -2 -2

The Sustainability Appraisal indicates that no longer applying policies H11 and H12 would increase uncertainty in the absence of a clear, local decision-making framework. This is likely to result in poorer quality decision making, with a risk of negative impacts on various aspects of social progress, the environment, natural resources and the local economy.


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Community Facilities

Preferred Option


Adopt a new policy with amended/updated criteria resulting in the replacement of saved Local Plan policy H13.

This option would enable the Council to adopt a policy that can be applied to all proposals affecting a community facility in a consistent manner. It would enable updates to be made regarding the type of criteria that should be applied when considering any proposal involving the loss of a community facility and to specify in what circumstance loss may be allowed. It also enables the Council to specify requirements that will be placed on an applicant in terms of the type of evidence that will be needed to support any planning application.



+2 +2 +2 0

Although the sustainability benefits will depend on the precise content of the new loss of community facilities policy, this option offered greater potential for positive impacts than other options. These included ability to apply a policy to all types of community facility against loss to all non-community uses, and to recognise the loss of a facility could be justified provided it is replaced / incorporated within a scheme for other uses, thus enabling opportunities for other forms of development to take place on previously developed land.

Alternative Options


Maintain current policy position, resulting in the retention of saved Local Plan policy H13.

This option would not enable the council to consider proposals for loss of any community facility in a consistent manner as the current policy only applies to rural facilities and proposals for conversion to residential use. It therefore undermines the ability to safeguard the loss of all types of community facilities outside of rural/village areas. It would also prevent the Council from specifying requirements that will be placed on an applicant in terms of the type of evidence that will be needed to support any planning application.



N N N N

This option would result in the status quo and there would be neutral impacts in terms of sustainability objectives. However, it is considered this option would not enable the Council to fully ensure the needs of all communities are considered as it only applies to rural/village localities and facilities.


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No Policy – rely on National and Core Strategy Policies

This option would not enable the Council to make informed decisions regarding the loss of a community facility as there would be no ability to apply any local criteria or guidance to guide such decisions. It would also prevent the Council from specifying requirements that will be placed on an applicant in terms of the type of evidence that will be needed to support any planning application.



-2 N / +1 0/N -2

This option would limit the Council’s ability to fully consider the needs of all communities. It would also weaken the Council’s level of control over the loss of community facilities which could have consequential negative social and economic impacts particularly in the more rural areas.


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Tourist Accommodation

Preferred Option


Adopt a new policy, with amended/updated criteria resulting in the replacement of saved Local Plan policies T6, T7, T8 and T4 (in part).

This option would give the give the Council the opportunity to update and streamline the existing dated saved Local Plan policies in line with the NPPF.



? ? ? ?

Although the sustainability benefits will depend on the precise content of the new caravans, chalets, log cabin and camping policy, this option offered greater potential for positive impacts than the other two options. These potentially could include the inclusion of additional criteria, such as seeking enhancement/benefits to green infrastructure, energy and water efficiency measures and where proposals involve an extension to the opening season; the delivery of improved on-site facilities and recreational provision. Note that the self-catering accommodation Local Plan Policy T4, was sustainability appraised separately to policies T6, T7 and T8. The scores for Policy T4 for a new policy, Self-catering accommodation Option 2 were; 0 - No impact/neutral for social progress, protection of the environment, natural resources and economy objectives. To ensure that there is no negative impact, there is a need to ensure that criteria lost is covered elsewhere, in either other draft new policies (e.g. rural conversions) and/or a draft General Requirements Policy.

Alternative Option


Maintain the current policy position with respect to saved Local Plan Policies T6, T7 T8 and T4 (in part) and retain Appendix C – Standards for Caravan Development.

This option would not give the Council the opportunity to update and streamline the existing dated saved Local Plan policies in line with the NPPF. There are now other forms of development other than caravans – chalets, log cabins, camping pods and yurts that are not explicitly considered in saved Local Plan Policies T6 and T8. In relation to saved Local Plan Policy T7 – Extensions to caravan park developments open season, the Council no longer strictly applies T7; a minimum 6 week closed season. Appendix C – Standards for Caravan Development is no longer applied and is outdated.



N N /? N /? N/?

This policy approach results in the status-quo. The current policies do not take account of new forms of development; log cabins, chalets, and camping pods etc. and do not take into account the longer opening season. A longer opening season may have impacts on services and facilities.


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The current policy does not seek enhancements/benefits, it just manages the impacts. Extending the opening season also has benefits, as well as potential negative impacts on the environment; making businesses potentially more viable and may support services and facilities and provide employment. Note that the self-catering accommodation Local Plan Policy T4, was sustainability appraised separately to Policies T6, T7 and T8. The scores for Policy T4 for maintaining the current policy position, Self-catering accommodation Option1, were; 0 no impact for social progress, protection of the environment, management of natural resources, and economy objectives.


No longer apply any such policy and rely only on national and Core Strategy policy.

This option would not give the Council the opportunity to prepare an up to date criteria based local policy for caravan, log cabin, chalet and camping development. Relying on National Policy may leave the authority with a policy vacuum should this be reviewed and changed, and it doesn’t allow local circumstances to be applied.



N/ -2 N/ -2 N/ -2 N/ -2

There is a risk of changes to the NPPF that could result in a loss of controls/affect Core Strategy currency. Lose any opportunity to improve on existing position and bring policy up-to-date, including to reflect newer forms of camping accommodation, to account for longer opening seasons, to seek enhancements, or, to take a locally specific approach. Note that the self-catering accommodation Local Plan Policy T4, was sustainability appraised separately to Policies T6, T7 and T8. The scores for Policy T4 for maintaining the current policy position, Self-catering accommodation Option 3, were uncertain for social progress, protection of the environment, management of natural resources, and economy objectives.

*This topic is the subject of the Caravans, Chalets & Log Cabins Sustainability Appraisal and part of the Self-Catering Accommodation Sustainability Appraisal


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Equestrian Related Development

Preferred Option


Adopt a new policy with amended/updated criteria resulting in the replacement of saved Local Plan policy L9.

This option would allow the Council to review and update the existing dated saved Local Plan Policy L9 in line with the NPPF.



? ? 0 ?

This option offers potential for improvements on the current position but the nature and extent will depend on the exact criteria. Mitigation - A new Policy should include specific control over the cumulative and incremental impacts of this type of development. Horse-related development has the potential to encourage more cars journeys in the countryside. This issue needs to be carefully managed. New policy will need to be more flexible, to take account of the different types of horse-related development and their differing impacts.

Alternative Options


Maintain the current policy position and retain the saved Local Plan Policy L9 – Equestrian Developments.

This option would not give the Council the opportunity to update and streamline the existing dated saved Local Plan policy in line with the NPPF.



N N N N

Maintaining the current policy position results in the status-quo. Existing Local Plan Policy L9 not being strictly applied (e.g. criterion a – re. field shelters)) and some elements in need of improvement/updating. Opportunity to review the existing policy.


Delete the existing saved Local Plan Policy L9 and rely on the NPPF and Core Strategy.

The Core Strategy does not have any policies specific to equestrian development. This option would not allow for policy and policy criteria specific to equine related development. The existing saved Local Plan Policy L9 has two specific criteria; i.e. need for any buildings to be part of a group and for the bridleway to have sufficient capacity to accommodate the expected use by horses.



N / -2 N / -2 N N /?

Principles set out in existing local policy L9 are largely (although not wholly) covered by NPPF and Core Strategy.


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Control over location of horse-related developments would be lost. Opportunity to include other local slants on managing this type of development and the need to consider bridleway congestion and highway impacts would be lost. In a rural district, horse-related development is a particular issue and needs local interpretation of national and strategic policies in order to manage the impacts appropriately. There is a potential risk that any future changes to the NPPF could result in a loss of controls/affect Core Strategy currency. The opportunity to employ controls on cumulative and incremental impacts would be lost, although could be covered by a cumulative impacts reference in another policy (e.g. General Requirements).


121

Advertisements and Signs

Preferred Option


Adopt a new policy with amended/updated criteria and guidance resulting in the replacement of saved Local Plan policies S20, S21, S22 and a revoked, retained or modified ASCA.

This option would take the opportunity to review and update the existing policies into a single policy.


Social Progress Environment Natural Resources Economy +2 +2 N N / +2

This option would bring the current policy framework up to date and create a clear decision making framework that is easily understood. It could have positive impacts on environmental objectives through ensuring proper protection of landscape character, and the protecting the quality of the built environment against inappropriate advertisements and signs. It would help strike an appropriate balance between protecting the character of places and maintaining an attractive environment whilst permitting high quality signage to ensure appropriate promotion of local businesses.

Alternative Options


Maintain the current policy position, resulting in the retention (or combining) of policies S20, S21 and S22.

This would not take the opportunity to update and refine the current policies into a clear single policy, and to introduce new elements and requirements.



N N N N

Would maintain the status quo and current policy framework therefore the impacts of this approach would be no different to at present.


No longer apply any such policy and rely only on national policy and guidance This option would result in policies S20, S21, S22 becoming redundant.

This option would not allow for a locally tailored approach. Relying on national and Core Strategy policy would not provide the clarity needed to offer sufficient protection to South Lakeland’s landscapes and build environment.



-2 -2 N N / +2

This approach would introduce more uncertainty and ambiguity in how national policy should be interpreted, and would not create a clear, easily understood decision making framework at a local level. A potentially less restrictive approach would pose risks to landscape and built environment quality and character through increased clutter and poor quality signage, although a more relaxed and less defined approach could offer greater scope for businesses to increase their advertising activity.


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Renewable and Low Carbon Energy

Preferred Option


Adopt a new policy setting out criteria applicable to all technologies resulting in the replacement of all the relevant saved Local Plan policies.

This option allows for the updating of existing policies and the creation of a single clear policy that can apply to all renewable technologies, offering a more future proofed approach should new technologies emerge.


Social Progress Environment Natural Resources Economy N N / +2 N / +2 N

This option allows for a clearer decision making framework and aims to promote renewable energy which could result in benefits for health and wellbeing, the environment and natural resources. Any new policy approach would however still be restricted by the national policy and political context which has negative implications for renewable energy.

Alternative Options


Maintain the current policy position and retain the saved Local Plan policies C26, C28, C29, C30 and C31.

This option would not give the Council the opportunity to update and streamline the existing dated saved Local Plan policies in line with the NPPF.



N N N N

No change from the current baseline policy position so no sustainability impacts from this option. This option is missing a number of opportunities to update existing policies and to broaden the scope of the existing policy framework to apply to all types of renewable energy technology.


Delete the existing saved Local Plan policies and rely on the NPPF, Core Strategy and Cumbria Wind Energy SPD.

This option would not give the Council the opportunity to prepare an up to date criteria based policy for renewable energy development and would leave the Council more vulnerable to changes in policy at a national level



-2 N N N

Would not provide a clear policy framework at a local level to help people understand the decision making process, and would result in more uncertainty if relying more heavily on national policy and guidance which could change. Would not provide the opportunity to have specific policy criteria relating to residential amenity issues arising from renewable energy such as shadow flicker, glint and glare etc.


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Hot Food Takeaways

Preferred Option


Adopt a new policy combining saved Local Plan policies R10, R11 and R12, updating so in line with NPPF and other local policies in the Core Strategy and Land Allocations DPD.

This option would enable a positively framed policy to be adopted in line with current NPPF policy, Core Strategy and land allocations DPD. It would also enable the Council to specify more clearly the range of factors that will be taken into account when assessing a planning application for a hot food takeaway – including reference to public health and safety interests and the role planning conditions may have to play.



0/ +2 0 / +1 N N

This option offered greater opportunity to have a more positive impact in achieving the range of SA objectives. In particular it would enable elements around health and well-being to be more properly considered than would be the case if other options were adopted.

Alternative Options


Maintain current policy position, resulting in the retention of saved Local Plan policies R10, R11 and R12.

The current policy position is not positively framed and is restrictive in its level of support for hot food takeaways. It needs updating in line with the approach set out within the Land Allocations Policy and National Policy. Some elements can be covered within the general requirements policy e.g. impact on highways safety.



N N N N

This option would not enable the delivery of SA objectives to be more fully realised, especially with regard to elements around improving health and well-being.


No Policy – rely on National, Core Strategy and Land Allocations Policies. This would result in saved Local Plan policies R10, R11 and R12.

This option could be appropriate provided other development management policies include relevant criteria / control relating specifically to Hot Food Takeaways. However, this is not the case, and it is necessary to include a separate policy specifically relating to management of such uses as particular factors need to be considered when assessing such proposals.



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? ? N / ? ?

During the SA the impacts of this option could not be determined as it would depend on the specific content of other policies likely to be included in the Development Management Policies DPD. However, if these don’t cover the loss of existing controls and miss opportunity to address health issues relating to a proliferation / presence of hot food takeaways then this option would most likely have a negative impact.


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Retail and Main Town Centre Uses Outside of Town Centres

Preferred Option


Adopt a new policy applied to all five town centres, including a new locally set threshold used to determine when an impact assessment is required.

This option would enable the Council to adopt a policy that reflects local circumstances, ensuring decisions are made in terms of the local rather than a national context.



+2 +2 N +2

This option could have positive impacts in respect to improving access to services and facilities, and creation of vibrant communities. It may also help to conserve land from development, and improve the quality of the built environment, and economic objectives with regard to retaining investment in town centres.

Alternative Option


No Policy – rely on National, Core Strategy and Land Allocations Policies. This would result in saved Local Plan policies R2 and R5 becoming redundant.

This option would not enable decisions to be informed by current local circumstances based on local evidence. Uncertainty will arise if we continue to rely on the NPPF with regard to retail impact assessment thresholds, should these be removed.



N N N N

This option almost maintains the status quo, and therefore impacts are considered neutral. However, it misses an opportunity to take account of the local context in terms of decision making.


126

Kendal Town Centre and Canal Head

Preferred Option


Adopt a new policy for Kendal Town centre and Canal Head taking into account the outcomes from the Kendal Town Centre Masterplan. This would provide policy criteria/framework to guide and manage new development in these locations.

This option would plug a current policy gap and ensure the Council has a policy framework in place to consider proposals within the Canal Head area in an appropriate consistent manner. It also would enable the Council to adopt a policy for Kendal Town Centre that goes wider than current local plan policy.



+2 +2 +2 +2

This option enables a range of positive impacts, it will help to provide greater transparency regarding decision making process especially with regard to proposals within Kendal Canal Head. It will ensure environmental objectives in particular are more fully achieved.

Alternative Option


Maintain current policy position resulting in the retention of saved Local Plan policy R1.

The option wouldn’t enable the scope to provide the necessary policy framework for determining proposals in the town centre, its environs and canal head area in a holistic manner. It would leave a policy gap with respect to Kendal Canal Head area.



0 0/-1 0 0

This option would result in the status quo, and have no impact. However, it is recognised it would result in limited positive and far reaching effects in terms of achieving SA objectives.


Adopt no new policy and rely on national, core strategy and land allocations policy.

The option wouldn’t enable the scope to provide the necessary policy framework for determining proposals in the town centre, its environs and canal head area in a holistic manner. It would leave a policy gap with respect to Kendal Canal Head area



-1 -1 -1 -1

The degree of impact will depend on the content and scope of other new development management policies in conjunction with National Policy, Core Strategy and Land Allocations policy. It would result in a reliance on non-locally specific policies, potentially, could not meet the range of objectives in full.


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Enforcement

Preferred Option


Adopt a new policy setting out the Council’s framework for planning enforcement.

This option would plug a current policy gap enabling the Council to set out its position on how it will respond to breaches of planning control through application of policy and protocol.

Alternative Option


Adopt no new policy and rely on national, core strategy and land allocations policy.

The option would result in a policy gap being retained. It would not enable the Council to apply a policy in terms of how it responds to breaches of planning control, or be able to apply any protocol on the back of any policy.

*Note no options were put forward at the Issues and Options Stage relating to this topic, and consequently no SA of these options was produced.


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1B: Options Assessment Summary – For topic areas where

no new Development Management policies are proposed

Housing Optional Technical Standards – Water Efficiency

Preferred Option


Not to introduce the optional Building Regulation on water efficiency.

There are no major constraints with regards water resources and South Lakeland is not in an area of water stress. Resultantly it is not considered that there is a clear need for introducing the optional water efficiency building regulations standards. The online Planning Practice Guidance states that local authorities should only set Local Plan policies requiring new dwellings to meet the tighter requirements where there is a clear need based on evidence such as the Environment Agency’s Water Stressed Areas Classification, water resource management plans produced by water companies and river basin management plans. Whilst it would be desirable to introduce the optional water standard on general sustainability grounds it is considered it would be difficult to justify its introduction based on the government’s current planning guidance.



N N N N

This option would maintain the current baseline position and would not therefore result in any effects on sustainability appraisal objectives. It would however result in missed opportunities for better outcomes in sustainability terms for example it would not offer opportunities for people to lead more sustainable lifestyles, have more resource efficient homes, lower utility bills, and less impact on water resources.

Alternative Option


Introduce the optional requirement within G2 of the Building Regulations to reduce water usage in new dwellings from 125 litres/ person/ day to 110 litres/ person/ day.

It is not considered that the Council can demonstrate a ‘clear need’ as required and defined in the online Planning Practice Guidance.



+2 +2 +2 N

This option would help provide housing that is resource efficient, cheaper to run and has a reduced environmental impact, helping people to live more sustainable lifestyles.


129

Housing Optional Technical Standards – Space Standards

Preferred Option


Do not introduce the nationally described space standards.

9.1.1 In considering the evidence of need, and the implications of introducing the national space standards, it is not considered that there is currently a robust justification for introducing the standards in South Lakeland. Whilst it would be desirable for new houses to meet the national standards in practical terms it would have the unintended consequence of increasing sales values and exacerbating the already significant affordability issues in the district. The Council, through its adopted Core Strategy policy CS6.2 requires new development to offer a range of housing sizes and types. It is considered that this policy provides a sufficient framework to continue to enable the Council to negotiate appropriate mixes and sizes of properties on new housing sites to meet local needs through pre-application discussions.



N N N N

This option would continue the current policy position and would maintain the status quo. It would not therefore result in any different impacts than at present. It would however miss opportunities to secure better social effects such as improving housing standards and people’s health and wellbeing.

Alternative Option


Introduce the nationally described space standards.

Whilst this option would have positive impacts on the quality and practicality of new homes provided, it would limit the range of property sizes available and negatively impact upon the affordability of new build homes.



+2 ? / -2 ? / -2 N

This option would improve the standards of new homes, leading to social benefits and improving people’s health and wellbeing. It would however have negative impacts on affordability as the sizes of new homes, and therefore sales values would increase. The increase in house sizes could increase land take for new development or squeeze other elements on site such as green infrastructure provision, leading to possible negative


130

Starter Homes

Preferred Option


Rely on national policy on Starter Homes exception sites and existing Core Strategy policy, without further change.

Since the Issues and Options document was prepared and Sustainability Appraisal of options undertaken, the Housing and Planning Act, enacted in May 2016, has confirmed that Starter Homes as a form of affordable housing, will be required on all sites above a certain size - details to be confirmed in forthcoming Regulations. In contrast, the Act confirms that planning authorities will not have to require Starter Homes on rural exception sites. The forthcoming Regulations may also confirm if the local application of Starter Homes can be varied to reflect local circumstances. Rural Exception Site Policy It is proposed that the proposed revision to Core Strategy Rural Exception Policy CS6.4 in policy DM13 (above) confirm that the Council will only accept Starter Homes on Rural Exceptions sites in limited circumstances. Starter Homes Policy It is unclear when Regulations dealing with Starter Homes will be published and whether they will provide scope for local authorities to apply a locally evidenced approach. In light of the current uncertainty it is considered appropriate to await the publications of Regulations before considering if further Local Plan policy is required. It may be that the new requirements for Starter Homes can be implemented in the context of existing Core Strategy and the Council’s annually- updated Guidance on Affordable Housing.



-4 -2 N N/?

The sustainability appraisal was undertaken before section 5(2) the Housing and Planning Act 2016 made clear that forthcoming regulations will give local planning authorities power not to require Starter Homes on rural exception sites. This option would not help provide a clear local decision making framework. The absence of a local policy would give no opportunities to mitigate the negative impacts of the national policy position, which risks an affordable housing product which meets only a limited amount of evidenced local need, and does not maintain any affordable advantage for the long term.


131

The appraisal noted the likely risk of greater environmental and landscape impact of additional rural exceptions sites in open countryside which may be delivered if the Starter Homes requirement is applied to rural exception sites. The potential impacts for natural resources arise from the prospect of less sustainable patterns of development. While additional development would bring economic benefits, the reduced affordability of housing supply could reduce the availability of younger workers to meet local employment needs.

Alternative Option


Introduce a local Starter Homes exceptions site policy, setting out how new national policy will be implemented in South Lakeland.

(see also above) It is not considered appropriate to pre-empt the provision of the forthcoming national Regulations on Starter Homes. It is not clear at this stage how much scope local authorities will have in applying the Starter Homes Regulations.



-2 -2 N N/?

The sustainability appraisal was undertaken before section 5(2) the Housing and Planning Act 2016 made clear that forthcoming regulations will give local planning authorities power not to require Starter Homes on rural exception sites. This option could refine national policy to increase its potential to meet more local, affordable housing need. However the scope for variation may be limited by legislation (and forthcoming regulations). As for the option above, the prospect of more rural exceptions sites, would entail significant environmental and landscape risks and also for natural resources from less sustainable patterns of development. As for the option above, while additional development would bring economic benefits, the reduced affordability of housing supply could reduce the availability of younger workers to meet local employment needs.

Gypsies and Travellers Sites

Preferred Option


Update the Gypsy and Traveller Accommodation Assessment (GTAA) 2013, to take account of revised national policy (August 2015) and forthcoming new national guidance on assessments. Take account of the resulting evidence in a separate Local Plan document or the forthcoming single Local Plan review from 2017. This could include revisions to Core Strategy, if judged necessary.

It is considered there are advantages in undertaking some further work to consider latest evidence of need, including dialogue with key stakeholders and representatives of the travelling community, with site provision being made through a separate Local Plan document or the forthcoming single Local Plan review – to be confirmed through future updates of the Local Development Scheme.



N -2 0 0

This option could result in better and more up-to-date evidence of need but by taking longer it may delay meeting current evidence of need for a transit site in the Furness


132

peninsula, south of Ulverston. This could result in more unauthorised encampments, with negative environmental impacts, albeit very localised and limited both in scale and duration. This option is consider to have very modest or minimal impact on natural resources and the economy.

Alternative Option


Take account of the current evidence of need for transit pitches for travellers in the Gypsy and Traveller Accommodation Assessment (GTAA) 2013 and develop pitch targets and make site provision accordingly through the DM DPD process, including seeking suitable potential sites.

As set out above, it is considered that there are advantages to undertaking further work on latest evidence of need with key stakeholders and representatives of the travelling community, before making site provision in a separate Local Plan document. The advantages of better information and associated dialogue are considered to outweigh the delay in provision and environmental and other risks considered in the Sustainability Appraisal.



N +2 +2 N

This option is would progress site provision based on current evidence. The advantage of earlier delivery of a transit site is balanced against having less up-to-date evidence of need. Earlier provision would have positive environmental implications by helping avoid unauthorised encampments. The economic implications are considered modest.

Telecommunications and Broadband – Telecommunications Equipment

Proposals

Preferred Option


No longer apply any such policy and rely only on national policy. This option would result in policy S28 becoming redundant.

9.1.2 Changes to permitted development rights over recent years have taken many more types and scales of telecommunications developments outside of local planning authority control and it is not therefore considered necessary to have specific policies for this type of development. It is considered that where telecommunications developments are subject to planning control other policies relating to landscape, design and heritage can be effectively used to manage development. The online Planning Practice Guidance provides links to two industry led codes of best practice for fixed and mobile electronic communications equipment and it is considered that these provide sufficient guidance for developers to achieve the


133

best outcome for new telecommunications infrastructure.



N N N N

This option would rely on national policy and existing local policies. The NPPF and PPG provide adequate guidance on telecommunications, and the Council’s other policies on aspects such as landscape, design, residential amenity etc would be applied to mitigate any potential negative impacts of telecommunications infrastructure. This option

Alternative Options


Maintain the current policy position, resulting in the retention (or combining) of policies S28 and C18.

- A separate DPD is being prepared for the Arnside and Silverdale AONB so it would not be appropriate to continue with policies containing AONB specific criteria.

- The existing policies are dated. - It is considered that existing and

emerging local historic environment policies can provide a sufficient framework for determining telecommunications applications in Conservation Areas.



N N N N

This option would continue the status quo and the impacts would be no different to at present. It does not provide a clear decision making framework in some respects, particularly with regards the geographical areas it applies to.


Adopt a new policy with amended/updated criteria resulting in the replacement of policy S28 and C18.

- Extended permitted development rights have taken many proposals outwith the scope of local authority planning authority control, questioning the need for a specific policy.

- Applications in the AONB can be managed through new policies in the AONB DPD.

- Proposals can be managed through other policies, for example landscape and heritage policies. It is not considered necessary to have a specific ’telecommunications’ policy.



N/+2 N N N/+2

A new policy would offer the opportunity to provide clarity over the geographical areas covered by the policy requirements and to bring it up to date to reflect new technologies/infrastructure and permitted development rights. It would however be unlikely to have any significant effects in SA terms.


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Self-Catering Accommodation

Preferred Option


Elements of Local Plan Policy T4 carried through to Preferred Options - new policies; the Conversion of Buildings in Rural Areas (new Policy DM16) and Tourist Accommodation (new Policy DM18).

This option would allow some elements of Local Plan Policy T4 to be reviewed/amended and carried forward to new policies relating to the conversion of buildings in rural areas and tourist accommodation. It would allow policy to accord with the NPPF.



0 /N 0 /N 0 /N 0 /N

This option would provide an opportunity to review and update Policy T4 – Self-catering accommodation outside development boundaries. Any elements of policy lost, needs to be covered elsewhere in other policies, e.g. General Requirements and other new policies will need to contain appropriate criteria. A new policy could provide clarity concerning the relationship with existing Local Plan Policies H11/H12 – are both polices needed?

Alternative Option


Maintain the current policy position, resulting in the retention of Policy T4.

This option would not allow elements of Local Plan Policy T4 to be either retained or, amended/updated.



0 0 0 0

This option would have no impact. Existing Local Plan Policy T4 – new build self-catering accommodation and the conversion to self-catering accommodation outside of development boundaries, has similar provisions to existing Local Plan Policies H11 and H12. Conversions to both residential and self-catering accommodation (excluding caravans etc.), in the saved Local Plan Policies are both subject to similar policy criteria. Mitigation would comprise the application of relevant new/existing policies, including existing heritage and protection of the environment policies. Existing Local Plan Policy T4 does not allow new build self – catering, but could support e.g. diversification of businesses (rural).

Alternative Option


No longer apply any such policy and rely on National Policy, Core Strategy and Land Allocations Policy (LA1.1). This option would result in Local Plan Policy T4 becoming redundant.

This option would not allow elements of Local Plan Policy T4 to be either retained or, amended/updated.



? ? ? ?

The policy impacts from this option would be uncertain. Uncertainties in terms of any future potential changes to national policy – NPPF. Impacts would depend on the content of other potential new polices e.g. New General Requirements, Design, Heritage,


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Parking, Trees and Landscaping, and Core Strategy Policies relating to biodiversity, design, green infrastructure and the protection and enhancement of the environment. National Policy (NPPF), Core Strategy and Land Allocations Policy LA1.1, on their own, would likely mean a more positive approach to allowing new self-catering accommodation. Relying solely on the application of National Policy, Core Strategy and Land Allocations Policy LA1.1, would result in the loss of criterion (d) in existing Local Plan Policy T4 – ‘the applicant enters into a planning obligation or the permission is subject to a condition limiting the accommodation to self-catering accommodation’.


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Retail and Other Uses in Town Centres

Preferred Option


Have no new policy and instead rely on National, Core Strategy and Land Allocations policies.

It is not considered necessary to introduce specific controls on the location, number of different uses within town centres, the Core Strategy and Land Allocations policies should be applied in this respect. Many other elements of current local plan policies R8, R9 and R13 (disturbance, and effect on character of area) are proposed to be superseded by the general requirements policy and design policy. The draft policy for Kendal Town Centre and Kendal Canal Head Area will also supersede some elements of policy R8.



N / +2 N N N / +2

Could be a range of positive impacts as it would enable greater flexibility and variety of uses in town centres, resulting in a range of impacts for social progress and the economy in particular. However, overall it would have neutral impacts, as NPPF policy, Core Strategy and Land Allocations policies provide a more up to date policy basis compared to Local Plan policy. Other policies relating to Town Centres including Kendal Town Centre/Canal Head, general requirements policy, Conservation Areas will need to be complementary and need to be fully applied to relevant schemes in order to support the contribution of this policy to the full range of SA objectives.

Alternative Option


Adopt a new policy in line with current NPPF & PD Rights.

It is considered current policy (Core Strategy and Land Allocations) provides an appropriate sound policy basis on which to make development management decisions, in combination with the application of the NPPF. It would be more appropriate to update current town centre policy as part of the Local Plan Review – combined with reviewing Retail Strategy.



+2 N / +2 N / +2 +2

This option would enable greater local control and ability to respond to local context. An updated policy should result in positive impacts for social progress and the economy in terms of support a range of needs targeted to addressing local issues. Other policies relating to Town Centres including Kendal Town Centre/Canal Head, general requirements policy, Conservation Areas will need to be complementary and need to be fully applied to relevant schemes in order to support the contribution of this policy to the full range of SA objectives.


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Coasts and Watercourses - Coasts

Preferred Option


Have no new policy in relation to coasts and instead rely on National and Core Strategy policies.

It is considered Core Strategy policy CS8.5 continues to provide a relevant basis on which to determine proposals affecting the coast.



-2 -2 -2 0

This option would present missed opportunities to have a local policy that fully reflects the requirements of the NPPF (coastal management) where necessary. It would result in less clear local decision making framework which would therefore negatively impact on objective SP1. Loss of elements of policy respect of culverting could lead to potential risks of negative effects on environment and natural resources objective for example those relating to water quality and resources. *Note results of this SA appraisal have been taken into account in the development of Draft Policy DM6 Surface Water Disposal, Foul Water Disposal, watercourses, flood defences and consideration of wider land drainage interests. The inclusion of that policy means there will be no loss of elements of current policy.

Alternative Options


Maintain current policy position This would not enable positive impacts to be fully realised and misses opportunity to reflect NPPF requirements.



N N N N

1. SA Summary This would result in neutral impacts as it maintains the status quo.


New policy (combining existing and adding new criteria)

This option is being taken forward with regard to combining elements of existing policy – included within Draft Policy. No additional criteria required based on current position regarding coastal management– compliance with NPPF.



+2 N / +2 N / +2 N

This option presents an opportunity to have a clearer policy framework that could help communities better understand how decisions are taken. *Note results of this SA appraisal have been taken into account in the development of Draft Policy DM6 Surface Water Disposal, Foul Water Disposal, watercourses, flood defences and consideration of wider land drainage interests. The inclusion of that policy means there will be no loss of elements of current policy)


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Loss of Employment sites and premises

Preferred Option


No longer apply Local Plan Policy E6 and instead rely on National, Core Strategy and Land Allocations policy.

It is considered that a new policy is not needed. The national policy guidance in NPPF, paragraph 22, is considered sufficient and there is a need to ensure a flexible and positive policy approach. Relevant Core Strategy policies (CS7.1 and CS7.2) and Land Allocations policy LA1.5 also provide local policy guidance.



0 0 +2 -2

Relying on the NPPF would potentially allow greater flexibility, which could mean that this option is more responsive. It could also mean, potentially, the loss of more sites; sites not included in Land Allocations Policy LA1.5; but, Policy LA1.5 is comprehensive in existing employment site coverage. Both Core Strategy and Land Allocations policies could be interpreted to allow scope for flexibility. Permitted Development rights affecting the change of use of employment uses (land use classes B1 (a) to C3 – office to dwellings) are now permanent and takes some elements out of local policy control.

Alternative Options


Maintain the current policy position, resulting in the retention of saved Local Plan Policy E6 in its present state in conjunction with the application of Land Allocations DPD Policy LA1.5.

Saved Local Plan Policy E6 is considered to be out of date and does not strictly accord with NPPF Paragraph 22. Policy E6, in its wording, is not positively framed.



0 0 0 0

This option offers the status quo. There are relatively tenuous links to, or impacts on, social progress objectives. Employment uses may be harmful to amenity and other environmental factors, but existing policy would allow their change of use. Un-used sites sat empty might not meet the criteria for change of use if existing Local Plan Policy E6 is strictly applied, thus preventing potential environmental and other enhancement (EN2, EN3). Similarly, if E6 is strictly applied to un-used sites, it could thus prevent potential use (and potentially forcing the use of green field land where there is brown field available) (NR3). Whilst some sites, such as small businesses within mainly residential areas have been lost, this had often been because they have met the ‘unneighbourly’ criteria and have often been relocations rather than outright losses. There are clear links to economy objectives.


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Appendix 2 – Saved Local Plan Policies Proposed

for replacement by DPD

The following table sets out those saved and extended Local Plan and Alteration policies

that are proposed to be replaced by the Development Management Policies. It also provides

an explanation of how the DPD will replace the policy either by application of new policy

and/or by reason of the following factors:

1. Changes in circumstances over the course of time, policy considered now out of date

or the policy subject matter is no longer considered an issue.

2. National Planning Policy, and/or or an up to date local plan policy supersedes the

policy.

3. To be superseded by Policy in the emerging Arnside & Silverdale AONB DPD16.

Saved and extended Local Plan

Policy

Explanation - includes reference to draft DM

proposed to supersede the local plan policy

H9 Agricultural and Forestry Dwellings

in the Countryside

Policy DM15

H10 Removal of Occupancy

Conditions

Policy DM15

H11 Conversion of buildings within

Development Boundaries

Policy DM16

H12 Conversion of buildings outside of

Development Boundaries

Policy DM16

H13 Conversion of rural facilities Policy DM17

H14 Dwellings Constructed from

Temporary Materials

Factor 1

E1 Land Allocated for Business Parks

– reference to Parkside Road

allocation

Parkside Road allocation superseded by Policy

DM24

Provisions of Land Allocations Policy LA1.5 will

apply

E3 (Reference to Quarry Lane, Storth

employment land allocation)

Factor 3

E4 New Development and Extensions

to Property

Factor 2 and Policies DM1 and DM2

E5 Redevelopment Factor 2 and Policies DM1 and DM2

16 Note that the majority of policies in the DM DPD will also apply in the AONB in addition to policies set out in the AONB

DPD. Policies in the AONB DPD are replacing various old Local Plan policies for the purposes of planning within the AONB.


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Policy



E6 Loss of Employment Sites and

Premises

Factor 2 – provisions of Local Plan Land

Allocations Policy LA1.5, Core Strategy Policies

CS7.1 and CS7.2 and National Policy will apply.

E9 Homeworking Factor 2 – application of Core Strategy Policy

CS7.4 and Policy DM1

E10 Farm Diversification Factor 2 – Core Strategy Policy CS7.4 and

Policy DM1

R1 Retail Development, Kendal Town

Centre

Town Centre and Primary Shopping Area

boundary superseded by Land Allocations Policy

LA1.2

Policy criteria in part Policy DM24, alongside

NPPF and Core Strategy Policy CS7.5

R2 Retail Development outside Kendal

Town Centre

Policy criteria a – b superseded by NPPF and

with regard to impact assessment for retail

proposals Policy DM23

Policy criteria d-g Policies DM1 and DM2

R4 Conversion and Extension of Retail

Premises, Ulverston Town Centre

Policy criteria superseded in part by Local Plan –

Core Strategy CS7.5 and Land Allocations

Policy LA1.2

Policy criteria b-c Policies DM1 and DM2

R5 Retail Development outside

Ulverston Town Centre

Policy criteria a – b superseded by NPPF and to

be superseded with regard to impact

assessment for retail proposals by Policy DM23

Policy criteria d-g Policies DM1 and DM2

R7 Retail Development outside

shopping centres

Factor 2 – Application of Core Strategy Policy

CS7.5

R8 Protection of Retail Frontages in

the Primary Shopping Areas of Kendal

and Ulverston Town Centres

Town Centre, Primary and Secondary Shopping

Area boundaries superseded by Land

Allocations Policy LA1.2

Policy criteria relating to Kendal in part by DM23,

remaining criteria application of Core Strategy

Policy CS7.5 and Land Allocations Policy LA1.2

R9 Non-Retail Uses in Minor Shopping

Areas

Factor 2 – application Core Strategy Policy

CS7.5 and in part by Policy DM1


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Policy



R10 Hot Food Takeaways in Primary

Shopping Areas

Policy DM22

R11 Hot Food Takeaways in

Secondary Shopping Areas

Policy DM22

R12 Hot Food Takeaways in

Residential Areas

Policy DM22

R13 Amusement Arcades In part by Policy DM1 and application of Core

Strategy policy CS7.5 and Land Allocations

Policy LA1.2

T2 Conversion of Buildings to Hotels

and Serviced Accommodation

Factor 2 – application of Core Strategy Policies

CS1.1, CS7.6 and DM1 and DM16.

T2a Retention of Holiday

Accommodation in Grange-over-Sands

Factor 1

T4 Self-catering accommodation

outside development boundaries

In part by Policy DM18 and in part by Policy

DM16 and DM1, DM2 and Land Allocations

Policy DPD Policy LA1.1.

T5 Caravan Site Development within

the Arnside-Silverdale AONB

Factor 3

T6 Caravan Site Development outside

the Arnside-Silverdale AONB

Policy DM18

T7 Extensions to Caravan Park

Developments’ Open Season’

Policy DM18

T8 Tented Camping Sites Policy DM18

T9 Camping Barns Factor 2 and DM1, DM16 and application of

Core Strategy Policies CS1.1 and CS1.2

C3 Agricultural Land Factor 2

C5 External Lighting Policy DM2

C6 Sites of International Nature

Conservation Importance

Factor 2

C7 National Sites Factor 2

C11 Tree Preservation Orders Policy DM4

C15 Listed Buildings and their Settings Policy DM3 and application of Core Strategy

policy CS8.6

C16 Control of Development affecting

Conservation Areas

Policy DM3 and application of Core Strategy

policy CS8.6


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Policy



C18 Satellite Dishes Factor 1

C19 Sites of Archaeological Interest Policy DM3 and application of Core Strategy

policy CS8.6

C20 Historic Landscapes Policy DM3 and application of Core Strategy

policy CS8.6

C21 Derelict Land Factor 2 – National Policy

C23 Tidal and River Defences Policy DM6

C24 Watercourses and Coastal

Margins

Policy DM6

C26 Wind Energy Policy DM21

C28 Hydro Electricity Policy DM21

C29 Slurry Policy DM21

C30 Solar Power Policy DM21

C31 Cumulative Impact of Renewable

Energy projects

Policy DM21

L5 Village Halls In part Policy DM1 and DM2 and Core Strategy

CS9.1

L6 Golf Courses and Driving Ranges

within the AONB.

Factor 3

L7 Golf Courses and Driving Ranges

elsewhere (outside of AONB)

Policies DM1, DM2 and application of Core

Strategy policy CS8.2

L8 Provision of Club Houses and Car

Parking

In part Policy DM9

L9 Equestrian Development Policy DM19

L10 Rights of Way Policy DM5

L11 Disused Railway Lines Policy DM10

L12 Lancaster Canal Policy DM10

Tr2 Safeguarding Land for Transport

Infrastructure Improvements

Policy DM10 – schemes not identified

Tr5 Town Centre Car Parking Policy DM9

Tr6a Disabled Access and Parking

Arrangement

Policies DM2 and DM9


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Policy



Tr9 Better ways to School Factor 2 – application of Core Strategy Policy

and Policy DM10

S2 South Lakeland Design Code Policy DM2

S3 Landscaping Policy DM4

S10 Parking Provision in new

Development

Policy DM9

S12 Crime and Design Policy DM2

S13 Security Measures in Town

Centres

Policy DM2

S14 Shop Fronts Policies DM2 and DM20

S15 External Blinds Policy DM2

S16 External Cashpoint Machines Policies DM1 and DM2

S18 Trees Close to Buildings Policy DM4 and application of BS5837

S19 Percent for Art Factor 1

S20 Control over Advertisements Policy DM20

S21 Areas of Special Control of

Advertisements

Policy DM20

S22 Advance Directional Signs Policy DM20

S23 Agricultural Buildings Policies DM1 and DM2

S24 Temporary Buildings Factor 1

S26 Sewage Treatment and Disposal Policies DM6 and DM7

S27 Overhead Lines Partly by Policy DM2

S28 Telecommunication Masts and

Equipment

Factor 2 – National Policy

S29 Waste Recycling Facilities Policies DM1 and DM2 and Factor 2 Core

Strategy Policy CS8.9


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Glossary Adoption - The final confirmation of a development plan (Local Plan) or Local

Development Document and its status as part of the statutory development plan by a Local

Planning Authority (LPA).

Affordable Housing - Housing, whether for rent, shared ownership or outright purchase,

provided at a cost considered affordable in relation to incomes that are average or below

average, or in relation to the price of general market housing.

Aged or veteran tree – A tree which, because of its great age, size or condition is of

exceptional value for wildlife, in the landscape, or culturally.

Agriculture - Defined by Section 336(1) of the Town and Country Planning Act 1990 as

including: horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping

of livestock (including any creature kept for the production of food, wool, skins or furs, or

the purpose of its use in the farming of land), the use of land as grazing land, meadow

land, osier land, market gardens and nursery grounds, and the use of land for woodlands

where that use is ancillary to the farming of land for other agricultural purposes.

Air Quality Management Areas – Areas designated by local authorities because they are

not likely to achieve national air quality objectives by the relevant deadlines.

Allocated Land - Land identified in a development plan as appropriate for a specific land

use.

Amenity – This refers to positive element(s) that contribute to the overall character or

enjoyment of an area. For example, open land, trees, historic buildings and the inter-

relationships between them, or less tangible factors such as tranquillity can all be considered

as an amenity asset.

Ancient Monument - A structure regarded by the Secretary of State for Culture, Media,

and Sport as being of national importance by virtue of its historic, architectural,

traditional or archaeological interest. Scheduled Ancient Monuments are listed in a schedule

compiled under the requirements of Section 1 of the Ancient Monuments and Archaeological

Areas Act, 1979.

Ancient Woodland - An area of woodland that has had a continuous cover of native trees

and plants since at least 1600 AD, having neither been cleared nor extensively replanted

since then. This date is adopted as marking the time when plantation forestry began to be

widely adopted and when evidence in map form began to become available.

Biodiversity – The whole variety of life on earth. It includes all species of plants and animals

and the ecosystems and habitats they are part of.

BRE Environmental Assessment Method (BREEAM) – A voluntary measurement rating

for green buildings that was established in this country by the Building Research

Establishment.

Brownfield Land (previously-developed land) - Land that is or was occupied by a

permanent structure (excluding agricultural or forestry buildings), and associated fixed

surface infrastructure. The definition covers the curtilage of the developed land. Previously-

developed land may occur in both built-up and rural settings. The definition includes


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defence buildings and land used for mineral extraction and waste disposal where provision

for restoration has not been made through planning condition or legal agreement.

Domestic gardens are not classified as previously developed land.

Caravan Development – The creation, extension or adaptation of land which is used for the

purposes of accommodating both static and/or touring caravans. The legislative definition

can also include chalets which are used for temporary periods for leisure uses. This can also

include development which is ancillary to the purpose of using caravans, including toilet

blocks, laundry and shower blocks and other associated infrastructure.

Coastal Change Management Area – An area identified in Local Plans as likely to be

affected by coastal change (physical change to the shoreline through erosion, coastal

landslip, permanent inundation or coastal accretion).

Contaminated Land - Land that has been polluted or harmed in some way making it unfit

for safe development and usage unless cleaned.

Community Strategy - A strategy prepared by a local authority to improve local quality of

life and aspirations, under the Local Government Act 2000. This is now replaced by

sustainable community strategy

Core Strategy - A key Local Plan document setting out the spatial vision, strategic

objectives and the planning framework for an area, having regard to the Community

Strategy.

Development - Development is defined under the 1990 Town and Country Planning Act as

"the carrying out of building, engineering, mining or other operation in, on, over or under

land, or the making of any material change in the use of any building or other land". Most

forms of development require planning permission (see also "permitted development").

Extra Care Housing - Extra Care Housing is housing designed with the needs of frailer

older people in mind and with varying levels of care and support available on site. People

who live in Extra Care Housing have their own self contained homes, their own front doors

and a legal right to occupy the property. Extra Care Housing is also known as very sheltered

housing, assisted living, or simply as 'housing with care'. It comes in many built forms,

including blocks of flats, bungalow estates and retirement villages.

Flood Risk Assessment - An assessment of the likelihood of flooding in a particular area

so that development needs and mitigation measures can be carefully considered.

Greenfield Land/Site - Land (or a defined site), usually farmland, that has not previously

been developed. Domestic gardens are not classified as previously developed land.

Green infrastructure – A network of multi-functional green space, urban and rural, which is

capable of delivering a wide range of environmental and quality of life benefits for local

communities.

Gypsies and Travellers - A person or persons who have a traditional cultural preference for

living in caravans and who either pursue a nomadic habit of life or have pursued such a

habit but have ceased travelling, whether permanently or temporarily, because of the

education needs of their dependent children, or ill-health, old age, or caring responsibilities

(whether of themselves, their dependants living with them, or the widows and widowers of


146

such dependants), but does not include members of an organised group of travelling show

people or circus people, travelling together as such.

Habitats Regulations Assessment (HRA) – Assesses the impacts of plans or projects on

Natura 2000 sites (these are Special Areas of Conservation (SAC) and Special Protection

Areas (SPA)). National guidance recommends that Ramsar sites and candidate SPAs and

SACs are also afforded the same protection through the Habitats Regulation Assessment

process.

Heritage asset – Areas of undeveloped coastline which are managed to conserve their

natural beauty and, where appropriate, to improve accessibility for visitors.

Historic Environment – All aspects of the environment resulting from the interaction

between people and places through time, including all surviving physical remains of past

human activity, whether visible, buried or submerged, and landscaped and planted or

managed flora.

Infill development - Building taking place on a vacant plot in an otherwise built-up street

frontage.

Local Development Document (LDD) - These include Local Plans (which form part of

the statutory development plan) and Supplementary Planning Documents (which do not form

part of the statutory development plan).

Local Plan - A document setting out the Local Planning Authority's policies and proposals

for the development and use of land and buildings in the authority's area prepared under

the Planning & Compulsory Purchase Act 2004. Local Plan documents include the Core

Strategy, Land Allocations and, where needed, other documents such as Development

Management Policies or documents covering specific topics or areas such as Gypsies and

Travellers and Kendal Canal Head. There will also be an adopted Policies Map, which

illustrates the spatial extent of policies. The Policies Map must be prepared and

maintained to accompany all Local Plans. All Local Plan documents must be subject to

rigorous procedures of community involvement, consultation and independent examination,

and adopted after receipt of the Inspector's report. Once adopted, Development Control

decisions must be made in accordance with them unless material considerations indicate

otherwise.

Local Planning Authority (LPA) - The local authority or Council that is empowered by law to

exercise planning functions, usually the local borough or District Council. National parks and

the Broads authority are also considered to be Local Planning Authorities. County Councils

are the authority for waste and minerals matters.

Main town centre uses – Retail Development (including warehouse clubs and factory outlet

centres); leisure, entertainment facilities the more intensive sport and recreation uses

(including cinemas, restaurants, drive-through restaurants, bars and pubs, night-clubs,

casinos, health and fitness centres, indoor bowling centres, and bingo halls); offices; and

arts, culture and tourism development (including theatres, museums, galleries and concert

halls, hotels and conference facilities.


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Material Consideration - A matter that should be taken into account in deciding a planning

application or an appeal against a planning decision.

Mitigation - Measures to avoid reduce or offset significant adverse effects.

National Planning Policy Framework (NPPF) – A document that has been prepared by the

Government which has replaced all previous National Planning Policy contained within

Planning Policy Statements (PPSs) and Planning Policy Guidance (PPGs).

National Planning Practice Guidance (NPPG) – Revised and continuously updated

planning practice guidance produced by the government.

Objective - A statement of what is intended, specifying the desired direction of change in

trends.

Plan-Led System - Decisions on planning applications should be made in accordance with

the adopted Local Plan, unless there are other material considerations that may indicate

otherwise.

Planning & Compulsory Purchase Act 2004 - The Act updated elements of the 1990

Town & Country Planning Act and introduced:

A statutory system for regional planning.

A new system for local planning (the LDF).

Reforms to the development control and compulsory purchase and compensation

systems.

Removal of crown immunity from planning controls.

Planning Portal - A national website provided by the government for members of the public,

Local Planning Authorities and planning consultants. The Planning Portal features a wide

range of information and services on planning.

Previously Developed Land - See Brownfield Land.

Registered Social Landlord (RSL) - Technical name for a body registered with the Housing

Corporation. Most Housing Associations are RSLs. They own or manage some 1.4 million

affordable homes, both social rented and intermediate.

Renewable Energy - Renewable energy is energy flows that occur naturally and repeatedly

in the environment, for example from the wind, water flow, tides or the sun.

Rounding Off - Completion of an incomplete group of buildings on land that is already

partially developed in a way that will either complete the local road pattern or finally define

and complete the boundaries of the group (Core Strategy Para 2.24).

Saved Local Plan Policies - Policies in Local Plans that remain in operation pending

production of replacement Local Development Documents.

Self-build Housing - Housing built or commissioned by an individual, group of individuals or

community, either directly on a DIY and subcontracting basis or through the involvement of

self-build package companies, builders or contractors.

Site of Special Scientific Interest (SSSI) - A site identified under the Wildlife and

Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) as an

http://www.planningportal.gov.uk/wps/portal/portalhome/unauthenticatedhome/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3gjtxBnJydDRwMLbzdLA09nSw_zsKBAIwN3U_1wkA6zeHMXS4gKd29TRwNPI0s3b2e_AGMDAwOIvAEO4Gig7-eRn5uqX5CdneboqKgIAGUwqho!/dl3/d3/L2dBISEvZ0FBIS9nQSEh/


148

area of special interest by reason of any of its flora, fauna, geological or physiographical

features (basically, plants, animals, and natural features relating to the Earth's structure).

Special Area of Conservation (SAC) - Areas designated under the European Union Habitat

Directive. They provide increased protection for a variety of wild animals, plants and

habitats and are a vital part of the global effort to conserve world biodiversity.

Special Protection Area (SPA) - An area containing an assemblage of breeding populations

of rare birds at a level of European significance, designated under EC Directive 79/409.

Specific Consultation Bodies / Statutory Bodies - These are bodies that must be

consulted on Local Plans and planning applications.

Statement of Community Involvement (SCI) - The Statement of Community Involvement

sets out the processes to be used by the local authority in involving the community in the

preparation, alteration and continuing review of all local development documents and in the

consideration of planning applications. The Statement of Community Involvement is an

essential part of the Local Plan.

Strategic Environmental Assessment (SEA) - Formal process to anticipate the likely

significant environmental effects (including cumulative environmental effects) of implementing a

plan and its reasonable alternatives with a view to avoiding, reducing or offsetting any

negative impacts. See Sustainability Appraisal.

Strategic Flood Risk Assessment (SFRA) - The assessment of flood risk on a catchment-

wide basis.

Sub-Regional Housing Market Areas - Geographical areas within which there are clear

links between where people live and work. These areas can be defined by the patterns of

household movement. These patterns are influenced by factors such as proximity to family,

friends, employment, education and other facilities, and are likely to operate across Local

Planning Authority boundaries.

Supplementary Planning Document (SPD) - A document that may cover a range of issues,

thematic or site-specific, and provide further detail about policies and proposals in a 'parent'

Local Plan.

Sustainability Appraisal (SA) - Formal, systematic and comprehensive process of

evaluating the environmental, social and economic impacts of a plan, policy or

programme or its alternatives. The SA process incorporates the SEA process.

Sustainable Drainage System (SuDS) - Current "best practice" for new development

that seeks to minimise the impact on drainage systems e.g. through the use of pervious

areas within a development to reduce the quantity of runoff from the site.

Town and Country Planning (Use Classes) (Amendment) (England) Order 2015 – This

puts uses of land and buildings into various categories known as ‘Use Classes’. The Order is

periodically amended.


149