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Submission Local Plan Suggested Modifications January 2018

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Page 1: Suggested Modifications January 2018 - stockton.gov.uk · Waste Core Strategy and Site Allocations document. Future reviews of these documents will consider this issue. Further to

Submission Local Plan

Suggested Modifications January 2018

Page 2: Suggested Modifications January 2018 - stockton.gov.uk · Waste Core Strategy and Site Allocations document. Future reviews of these documents will consider this issue. Further to
Page 3: Suggested Modifications January 2018 - stockton.gov.uk · Waste Core Strategy and Site Allocations document. Future reviews of these documents will consider this issue. Further to

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The Suggested Modifications below provide a written description of suggested changes to the Publication version of the emerging Stockton-On-Tees Local Plan and Local Plan Proposals Map. This document is to be read in conjunction with the submitted ‘Stockton on Tees Publication Local Plan document, the Consultation Statement and the Council’s Response to Representations. All references (page numbers and policies) relate to the Publication Local Plan document.

Local Plan Suggested Amendments

Exam Mod Ref

LP Page No

Policy/Site/Para/Fig

Text with Suggested Modification Reason for change

Local Plan

Preface / Introduction / Stockton on Tees Borough / Vision and Strategic Priorities SM/LP/0001

- Preface Deletion of preface in Publication Draft Local Plan and replacement with a ‘Foreword’ with new text. Revised Text to Be Confirmed.

To replace the text at the beginning of the Publication Local Plan and to provide an appropriate opening statement to the Adopted Local Plan.

SM/LP/0002

4 Para 1.10 In addition to the above, issues relating to minerals and waste development are also a key duty to cooperate issue. However, the Tees Valley local authorities have previously dealt with this issue through the adoption of the Tees Valley Minerals and Waste Core Strategy and Site Allocations document. Future reviews of these documents will consider this issue. Further to this, the Council continues to engage with the Marine Management Organisation in the evidencing and production of the North East Marine Plan.

To provide detail of the Council’s engagement with the Marine Planning process and to respond to advice from Historic England.

SM/LP/0003

10 Para 2.3 Stockton-on-Tees is a Borough of wide contrasts with a mixture of busy town centres, urban residential areas and rural villages. The area of Stockton-on-Tees Borough is 20,393 hectares (Ha) in size with a population of 194,119 in 2014 living in 84,470 dwellings. This gives a population density of 9.5 people per hectare. The main townsprincipal townships within the Borough are Stockton, Norton, Billingham, Thornaby, Yarm, Eaglescliffe and Ingleby Barwick.

To ensure paragraph reflects all main towns.

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SM/LP/0004

10/11 Para 2.6 The Borough’s rich archaeological heritage includes sites as varied as a Roman Villa at Ingleby Barwick, several Anglo-Saxon cemeteries at Norton and the medieval ports of Yarm and Stockton. In total the Borough has approximately 1,841 recorded archaeological sites and find-spots. These ancient sites are complimented by the more recent heritage, such as the new town of Billingham, founded around ICI in the early 1920s and the latter 20th century oil and chemical industry based at Seal Sands. In 1825 the Stockton and Darlington Railway was opened marking the first occasion passengers were pulled by a locomotive steam engine; 2025 marks the 200th anniversary of this historic event. Designated heritage assets within the Borough include 8 Scheduled Monuments, 2 Registered Parks and Gardens, 11 Conservation Areas and almost 500 Listed Buildings (with the highest concentration being in Yarm, Norton and Stockton). The Grade II* Phosphate Rock silo (No. 15) at Haverton Hill, and the Grade 1 Ruins of the church of St Thomas a Becket at Grindon are identified on the Heritage at Risk register. The Council have also identified assets of local significance on a Local List.

To provide additional context regarding ‘The Place’ and incorporate suggestions made by Historic England.

SM/LP/0005

17 Vision Sustainable communities have been created through new housing development in sustainable locations, in particular; through the redevelopment of previously developed land within the regenerated River Tees corridor alongside other development in the conurbation, a sustainable urban extension at West Stockton, as well as extensions to some of the other main towns in the conurbation. Wynyard has grown in to a sustainable settlement of high quality, accommodating a mix of executive housing, market housing and additional employment development. All residents have access to high-quality social, community and green infrastructure.

To provide clarity that extensions are not proposed to all settlements.

SM/LP/0006

18 Strategic Priority 4

Strategic Priority 4: To ensure sufficient land is identified for the new homes required to deliver the identified housing requirement. of the population.

To provide additional clarity.

Strategic Development Strategy and Key Diagram SM/LP/0007

22 4.19 The Stockton Town Centre Uses sStudy (2016) considers the convenience and comparison retail needs of the Borough. Comparison goods are retail items not bought on a frequent basis, for example televisions and white goods (fridges, dishwashers etc.) and convenience goods are those items bought for everyday needs such as food and other groceries, newspapers, drink and tobacco and chemists goods.

Correction of minor error.

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SM/LP/0008

23 4.21 The Town Centre Use sStudy (2016) also identifies needs for other uses including cinemas, tenpin bowling, bingo-halls, health and fitness clubs and food and beverage uses. The study found that there was a potential need for further cinema screens, food and drink, and bingo provision. However, given the potential volatility of these projections and the commercial led demand of these types of development, these needs are not expressed in the Local Plan. Planning applications for these uses will consider this evidence or any successor document as a material consideration, and will be determined in accordance with policies set out in this Local Plan.

Correction of minor error.

SM/LP/0009

23 SD3.1 The housing requirement of the Borough will be met through the provision of sufficient deliverable sites to ensure the maintenance of a rolling five year supply of deliverable housing land. Should it become apparent that a five year supply of deliverable housing land cannot be identified at any point within the plan period, or delivery is consistently falling below the housing requirement, the Council will work with landowners, the development industry and relevant stakeholders and take appropriate action in seeking to address any shortfall.

To further support the effectiveness of the policy in relation to housing delivery.

SM/LP/0010

23 SD3.2 To ensure all housing needs are met the following are priorities for the Council: Delivering a range and type of housing appropriate to needs and addressing shortfalls in provision; this includes the provision of housing to meet the needs of the ageing population and those with specific needs. Providing accommodation that is affordable. Providing opportunities for custom and, self-build, small and medium housinge builders.

To clarify the Council’s priorities for meeting housing need.

SM/LP/0011

23/24 SD3.3,f,2 Represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; or

The view of Historic England is supported. Enabling development should only be an exceptional circumstance after applying the tests set out elsewhere within the NPPF, including para 140.

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SM/LP/0012

24 4.26 The strategy does not propose allocations within the Borough’s villages as the housing requirement can be delivered within the strategy identified within this policy, which has been identified as the most sustainable approach. However, the Local Plan recognises a number of extant planning permissions in the villages and that in-fill development within villages should be considered on a case-by-case basis, having regard to the suitability of the site and the sustainability of the village at the time of any planning application. Point f of this policy sets out the exceptional circumstances when new development may be permitted in the countryside. [remainder of paragraph 4.26 made in to a new paragraph]

To provide further clarification on approach to single dwellings in the villages and the countryside, in response to comment by Kirklevington Parish Council.

SM/LP/0013

24 New text after 4.26

Should it become apparent that a five year supply of deliverable housing land cannot be identified at any point within the plan period, or delivery is consistently falling below the housing requirement, the Council will seek to address any shortfall using which depending on the scale and nature of potential under-delivery, may include one or more of the following: Investigate why commitments and allocations are not coming forward as anticipated and support interventions required to overcome delivery constraints and accelerating housing delivery; Undertake masterplans (development framework documents or development briefs) and use other powers such as Compulsory Purchase orders to support housing delivery. Draw on the Strategic Housing Land Availability Assessment (SHLAA) to identify deliverable sites which accord with the Housing Strategy to be brought forward; and or Undertake a partial review of the Local Plan A decision to undertake a partial review of the Local Plan will only be taken when it is considered that the other actions identified will not be sufficient to address any shortfall. Housing supply performance will be identified and annually updated as part of the SHLAA process and reported within the Authority Monitoring Report.

To further support the effectiveness of the policy in relation to housing delivery.

SM/LP/0014

26 SD4 [between points 14 and 15].

The use of upper floors above shops and commercial premises within town, district and local centres, particularly for residential purposes, will be encouraged where it does not detrimentally impact on the operation of the ground floor commercial use.

To recognise the contribution that can be made from under-used space and to respond to a representation from Mrs Diane Atkins.

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SM/LP/0015

27 4.30 At the same time development proposals must continue to work within the environmental limits affecting individual site development, to ensure that industrial development and nature conservation objectives are delivered in tandem. A number of these sites are situated near to the Tees Estuary which may constrain development as it is an area identifiedclassified as a Special Protection Area which due to the use by a number of internationally protected bird species is subject to a high level of protection.

In response to comments from RSPB (ID75 Rep 8).

SM/LP/0016

27 4.31 The Council, the Tees Valley Combined Authority, businesses and environmental stakeholders are working proactively to investigate opportunities for business expansion to take place whilst safeguarding and, where possible, enhancing the environment. Through this process the Council will aim to deliver the site allocations identified in policy EG4 and the proposals map, while achieving the legal protection of the Teesmouth and Cleveland Coast SPAwithout or significant impact on the wider natural environment.

In response to comments from RSPB (ID75 Rep 8).

SM/LP/0017

29 Policy SD5.1.e

Preserving the intrinsic value of the countryside by Ssupporting development of an appropriate scale within the countryside where it does not harm itsthe character and appearance of the countryside, and provides for sport and recreation or development requiring such a location as identified within policies SD3 and SD4.

In response to comments from developer (ID47 Rep 8).

SM/LP/0018

29 Policy SD5.1.j

Ensuring development proposals are responsive to the landscape. Protecting and enhancing valued urban and rural landscapes and areas of tranquillity Developments will not be permitted where they would lead to unacceptable impacts on the character and distinctiveness of the Borough’s landscape, unless the benefits of the development clearly outweigh landscape considerations. In such cases appropriate mitigation will be required. Wherever possible, developments should include measures to enhance, restore and create special features of the landscape.

In response to comments from developer (ID47 Rep 8).

SM/LP/0019

31 4.46 The Tees Lowlands National Character Area description, and the Stockton-on-Tees Landscape Character Assessment and Capacity Study (2011) provide the evidence base to consider proposals in landscape terms. The NPPF supports the protection and enhancement of valued landscapes and areas of tranquillity; strategic gaps, countryside, limits to development and green wedges policies assist in delivering this aim. Proposals within and adjacent to these designations should be designed to avoid impacts on areas within that have remained relatively undisturbed by noise and are prized for their recreational and amenity value.

To provide clarity.

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SM/LP/0020

32 SD6.1 To provide realistic alternatives to the private car, the Council will work with partners to deliver a sustainable transport network. This will be achieved through improvements to the public transport network, facilities and routes for pedestrians, cyclists and other users, to amongst others local services and amenities.

To give further scope to the reach of the policy and in response to concerns of Mrs Suzanne Fletcher.

SM/LP/0021

32 SD6.3 The Council will work with partners to deliver community infrastructure within the neighbourhoods they serve. Priority will be given to the provision of facilities that contribute towards sustainable communities, in particular the growing populations at Ingleby Barwick, Yarm, Eaglescliffe, Wynyard and West Stockton Sustainable Urban Extension. Within these areas a phased approach to delivery may be necessary.

To reflect the position regarding phasing set out in support text.

SM/LP/0022

32 SD6.4 To ensure residents needs for community infrastructure are met, where the requirement is fully justified and necessary, the Council will support planning applications which: a. Provide for the expansion and delivery of education and training facilities. B. Provide and improve health facilities.

To ensure consistency with national policy.

SM/LP/0023

33 SD7.1 The Council will ensure appropriate infrastructure is delivered when it is required so it can support new development. Where appropriate and through a range of means, the Council will seek to improve any deficiencies in the current level of infrastructure provision. The Council will seek to address any identified shortfall in the current level of infrastructure provision, where reasonable and fully justified. The Council will also work together with other public sector organisations, within and beyond the Borough, to achieve funding for other necessary items of infrastructure.

To ensure consistency with national policy.

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SM/LP/0024

33 SD7.2b. New development will be required, where the requirement is fully justified and necessaryappropriate, to contribute to infrastructure provision to meet the impact of that growth through the use of planning obligations and other means including the Community Infrastructure Levy (CIL). Planning obligations will be sought where: It is not possible to address unacceptable impacts through the use of a condition; and, The contributions are: fair, reasonable, directly related to the development and necessary to make the application acceptable. Necessary to make the development acceptable in planning terms; Directly related to the development; and Fairly and reasonably related in scale and kind to the development.

To reflect the exact wording in paragraph 204 of the NPPF.

SM/LP/0025

34 Para 4.58 Contributions towards infrastructure may be required for, affordable housing, education provision, sustainable transport measures, highways and rail infrastructure, community facilities, green infrastructure (including open space, playing pitches, informal sports facilities, play areas and ecological improvements), flood mitigation, training and apprenticeships, heritage schemes, maintenance, and renewable energy and energy efficiency measures. This list is not exhaustive and other infrastructure contributions may be requested where they meet regulatory tests. The Local Plan contains policies and proposals relating to particular types of infrastructure (in particular the ‘Transport and Infrastructure’ section). The Local Plan will also be supported by an Infrastructure Strategy and Infrastructure Schedule.

For completeness and in response to Network Rail.

SM/LP/0026

34 Para 4.60 CIL is currently being reviewed at national level. As such, the Council has no immediate plans to progress the CIL in the early stages of plan preparation. toward adopting a CIL charging regime. This position may change in the future. the CIL in the early stages of plan preparation. However, this will be reviewed as the plan is progressed.

To reflect the current position of the CIL in Stockton on Tees

SM/LP/0027

35 SD8 3 All proposals will be designed with public safety and the desire to reduce crime in mind, incorporating, where appropriate, advice from the Health and Safety Executive, Secured by Design principles, Park Mark or any other appropriate design standards.

In response to late comments received from the Office of the Police and Crime Commissioner.

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SM/LP/0028

35 Additional text after para 4.66

As well as guiding the design of new build development, this policy also applies to proposals for the conversion of buildings and for the sub-division of residential properties, amongst other things. Of key importance is that the sub-division of premises, particularly in conservation areas and selective licencing areas does not individually or cumulatively lead to an impact on the character of the area, and that the internal layout of the accommodation should also be sensitively designed to ensure that occupants have sufficient living space which is sensibly arranged to avoid disturbance to existing residents and future occupants.

To make explicit that the policy applies to conversion and sub-division of properties as well as new build development.

SM/LP/0029

35 4.68 The security of residents in the built environment is also a key issue of public safety and the Council will require a variety of design standards to be considered including Secured by Design principles and Park Mark.

In response to late comments received from the Office of the Police and Crime Commissioner.

Housing SM/LP/0030

41/42 H1.2 (selected rows from Table of committments

Site Location/Name Area (ha) Total Dwellings (approx.)

Remaining Supply at April 2017

E4 - Amended site area to correct typing error S6 & S7 – Planning Permission expired, moved to allocations list S8 – 11 – Renumbered to reflect deletion of S6 and S&.

E4 South of Urlay Nook Road 2.02 20.2 23 23 S6 Kingfisher Way 1.4 37 37 S7 Bowesfield 6 150 150 S68 Parkfield and Mill Lane

Regeneration Scheme 3.3 117 99

S79 Parkin Street 0.2 43 43 S810 Former Blakeston School 3.3 84 84 S911 Former Roseworth Public

House 0.2 12 12

SM/LP/0031

42/43 H1.3 (selected rows from table of Allocations)

Site Name Area (Ha) Dwellings Approx 4. Extension of allocation to include additional land identified as available. 14 & 15 Expired permissions which have moved to allocations list

4 Queens Park North 13.3 15.34 400 14 Bowesfield 6 150 15 Kingfisher Way 1.4 37

SM/LP/0032

42/43 H1.6 Site Name Area (ha) Dwellings (approx.) Extension of allocation to include additional land Wynyard Park 66.16 1,100

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identified as available.

SM/LP/0033

47 Figure 12/ H1.3.4

Removed Added

To reflect amended site area of H1(3.4)

SM/LP/0034

48 5.18 • Potential to provide a strategic open space/village green within the centre of the development.

To ensure text remains indicative in nature as required within point (8) of policy.

SM/LP/0035

48/49 5.21 These sites are smaller allocations which have generally not been subject to planning applications or masterplanning activity. A number of housing allocations are located on playing field sites; these sites are Yarm Road H1(3.7), South of Junction Road H1(3.8) and Darlington Back Lane H1(3.9); proposals at these sites will be considered against policy TI2.

Minor change to provide additional clarity.

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SM/LP/0036

49 Policy H2 3. The main shared infrastructure requirements identified within the Yarm Back Lane and Harrowgate Lane Masterplan are as follows:

a) Primary School b) Community Hub – incorporating:

a. Primary School a. b. Community centre. b. c. A shopping parade providing opportunities for small-scale town centre uses, as identified in policy EG6.

a. Highway junction improvements at the following locations: a. Elton Interchange. b. Darlington Back Lane and Yarm Back Lane. c. Horse and Jockey Roundabout (Durham Road, Junction Road and

Harrowgate Lane). d. Harrowgate Lane and Leam Lane.

4. Contributions towards shared infrastructure will be made on a proportionate basis by allocated dwellings. To ensure a CIL compliant approach to contributions, the Council will only support planning applications for the entirety of each character area detailed within Harrowgate Lane and Yarm Back Lane Masterplan. Dwellings proposed above the figures allocated or on safeguarded land will be required to mitigate the impacts of development in accordance with policy SD7 and other relevant Local Plan policies.

5. Development will enhance Castle Eden Walkway and avoid harm to and maximise enhancements to the significance of heritage assets.

To reflect up to date position regarding the site and the fact that the Primary School does not need to be a part of the ‘Community Hub’ for a sustainable development to be delivered on site. To ensure that the requisite infrastructure can be funded without exceeding the pooling restriction imposed on Section 106 planning obligations under Regulation 123(3) of the Community Infrastructure Levy Regulations 2010.

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SM/LP/0037

50 Para 5.25 Owing to the scale of development, a number of infrastructure requirements have been identified including those relating to education, retail and highways. These are shared infrastructure requirements and it will be necessary for proportionate contributions to be made towards them. In order to achieve a CIL compliant approach to contributions it is necessary to ensure that a maximum of 5 planning applications are received across the site; in order to achieve this the Council will only accept one application for the entirety of each character area as detailed within the Yarm Back Lane and Harrowgate Lane Masterplan.

To ensure that the requisite infrastructure can be funded without exceeding the pooling restriction imposed on Section 106 planning obligations under Regulation 123(3) of the Community Infrastructure Levy Regulations 2010.

SM/LP/0038

53 Para 5.36 Wynyard Village is located adjacent to Wynyard Park registered park and garden. It is essential that development at this location responds positively to and draws inspiration from the registered park and garden to this and associated heritage assets to ensure that enhancements to their significance are maximised. It will be important to ensure that development proposals respect the unique character of the settlement. Like the West Stockton Urban Extension, Wynyard is situated adjacent to the Castle Eden Walkway.; Ddevelopment proposals to the west of the settlement, in particular detailed planning applications related to commitments in this plan, will be required to avoid harm to and enhance this strategic green infrastructure asset.

To provide clarity and incorporate suggestions made by Historic England regarding drawing inspiration from the historic park and garden.

SM/LP/0039

54/55 H4.1 To ensure new development delivers homes that meet the needs and aspirations of communities, applications for new housing development will be considered with regard to the Council’s will give significant weight to the most up-to-date evidence, including housing need and local housing market conditions, when determining applications.

To provide a policy position aligned with NPPF requirements

SM/LP/0040

54/55 H4.3 The Council require 20% of new homes to be affordable on schemes of more than 10 dwellings or with a combined gross floorspace of above 1000sqm. A mix of affordable housing will be requiredfor ownership, rent and intermediate housing, based on the Council’s most up-to-date evidence of local need, as well as the Governments expectation that 10% of new homes will be affordable home ownership products. Where the delivery of affordable housing is not in accordance with the above, robust justification is required and the proposal will be considered in accordance with policy SD7.

To provide a policy position that is sufficiently flexible over the plan period.

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SM/LP/0041

54/55 H4.4 Affordable housing will normally be provided on-site as part of, and integrated within housing development to help deliver balanced communities. Unless the nature of affordable provision requires a different approach this should, where appropriate and feasible, be distributed across sites in small clusters of dwellings. Off-site affordable housing or a commuted sum will only be acceptable where: All options for securing on-site provision of affordable housing have been explored and exhausted; or The proposal is for exclusively executive housing, where off-site provision would have wider sustainability benefits and contribute towards the creation of sustainable, inclusive and mixed communities; or The proposal involves a conversion of a building which is not able to accommodate units of the size and type required; or Any other circumstances where the Council considers off-site provision is more appropriate to preferable to than on-site provision.

To improve effectiveness and provide clarity.

SM/LP/0042

54/55 H4.5 Where off-site provision is to be considered acceptable, the amount will be equivalent in value to that which would have been viable if the provision was made on-site. Where a commuted sum is considered acceptable it will be equivalent to that which would have been viable on-site and calculated in accordance with the Affordable Housing Supplementary Planning Document 8 or any successor.

To reflect the fact that on adoption of the Local Plan, the Council will review it’s SPDs.

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SM/LP/0043

54/55 H4.8 To ensure that new homes provide quality living environments for residents both now and in the future and to help deliver sustainable communities, from the 1st April 2019 the following Optional Sstandards will apply, subject to achievability and site viability: For new housing developments, excluding low-rise non-lift serviced flats, 60% of new homes to meet building regulation M4 (2) “Category 2 – accessible and adaptable dwellings”. 8% of Market Homes to meet building regulation M4 (3) (2) (a) 7% of Affordable Homes to meet building regulation M4 (3) (2) (b) where the local authority is responsible for allocating or nominating a person to live in that dwelling. When providing for wheelchair user housing, early discussion with the Council is required to obtain the most up to date information on specific need in the local area. Where there is no specific need identified, then M4 (3) (2) (a) will apply, to allow simple adaptation of the dwelling to meet the future needs of wheelchair users. All specialist housing for older people to meet building regulation M4 (3) (2) (b). 7% of new homes where the local authority is responsible for allocating or nominating a person to live in that dwelling should meet building regulation M4 (3) (2) (b). When providing for wheelchair user housing, early discussion with the Council is required to obtain the most up-to-date information on specific need in the local area. Where there is no specific need identified, then M4 (3) (2) (a) will apply, to allow simple adaptation of the dwelling to meet the future needs of wheelchair users.

To provide clarity and flexibility in response to a number of representations.

SM/LP/0044

55 H4.13 (additional sites in table)

To appropriately update policy H4 to reflect new allocations.

Site Name House Type Land off Grangefield Road – H1 (3.6) Full Range of House Types Yarm Road Full Range of House Types

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SM/LP/0045

54/55 5.41 Ensuring an appropriate range of types, sizes and tenures of affordable housing is delivered as part of new developments is fundamental to meeting affordable housing needs. When affordable housing is required as part of new development it will meet the current affordable housing mix (and house sizes detailed above), identified in the SHMA, of 70% affordable rented and 30% intermediate tenures as well as the Government’s stated intention that 10% of all new dwellings should be affordable home ownership products unless justification is provided identifying that it would be unviable to do so. Where robust justification is presented, the Council will consider the affordable housing requirement in accordance with policy SD7. This could include tenure mix, phasing and reducing the requirement if necessary. Where a development site is sub-divided into separate development parcels below the affordable housing threshold, the developer will be required to deliver the affordable housing units proportionately over the development parcels. The policy position for affordable housing is sufficiently flexible to enable future delivery in line with the Government’s stated intention that 10% of all new dwellings should be affordable home ownership products.

To align with amendments to policy.

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SM/LP/0046

56 Para 5.44 The Ooptional Sstandards related to accessible and adaptable homes that this pPolicy H4.8 brings into effect are governed by Building Regulations and set out within the Building Regulations 2010, 2015 edition incorporating 2016 amendments: ‘Access to and use of buildings: Approved Document M’. Taking account of the up to date evidence of need and viability, the Council has taken the option provided by Government, to set additional technical requirements exceeding the minimum standards required by Building Regulations in respect of access. Insert new Paragraph following 5.44 “All new dwellings are required to meet the Regulations of Category 1, (M4(1)), where homes make reasonable provision to be visitable by a range of people including older people and those with reduced mobility. The further optional requirements include Category 2 accessible and adaptable dwellings. M4 (2) is met where a new dwelling makes reasonable provision for most people to access the dwelling and incorporates features that make it potentially suitable for a wide range of occupants, including older people, those with reduced mobility and some wheelchair users. M4(3) sets out further provisions whereby a dwelling makes reasonable provision either at completion (M4(3)(2)(b)), or at a point following completion be adaptable (M4(3)(2)(a)), for a wheelchair user to live in the dwelling and use any associated outdoor space. In determining individual applications for development, the Council will take into account evidence of achievability and viability. Where step-free access is not achievable or viable, neither of the optional requirements M4(2) and M4(3) apply.” Remainder of original 5.46 made in to new paragraph “In order to allow for an appropriate transitional period, the standards will only be applied to outline or full applications approved after 1st April 2019. It will not be applied retrospectively to those applications for reserved matters where the outline permission was determined or is subject to a resolution to grant permission prior to that date.”

To provide further detail of the optional standards, and to confirm that the approach of Policy H4.8 combines flexibilities around achievability and site/development viability and also reflects the Council’s evidence of need and viability.

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Economic Growth SM/LP/0047

63 Para 6.8 Development of employment land at Wynyard and mixed use developments in Stockton Town Centre and North Shore will need to be sensitively designed to ensure they avoid harm to and maximise enhancements to the significance of the High Burntoft Farm Scheduled Monument,and Stockton Town Centre Conservation Area (including its individual heritage assets)respectively and any other heritage assets affected.

To ensure all heritage assets are considered.

SM/LP/0048

63/64 EG2.5 Proposals to reconfigure and modernise commercial units throughout the town centre, whilst protecting and enhancing recognising the historic character of the area, will be encouraged.

To satisfy the requirements of the NPPF and the Planning (Listed Buildings and Conservation Areas) Act 1990, section 72.

SM/LP/0049

72 EG6.5 5. As part of the Council’s commitment to improving health and tackling childhood obesity, proposals for hot food takeaways outside designated centres will be resisted where the premises fall within 400m of the boundary of an existing primary school, secondary school, park or playground boundary.

In response to late comments received from SSA Planning Limited on behalf of Kentucky Fried Chicken Limited.

Transport and Infrastructure SM/LP/0050

79 TI1.1 To support economic growth and provide realistic alternatives to the private car the Council will work with partners to deliver where feasible, an accessible and sustainable transport network. This will be achieved through improvements to the public transport network and routes for pedestrians, cyclists and other uses.

To allow flexibility to take into account circumstances and to be explicit around accessibility.

SM/LP/0051

80 TI1.11 11. All major development proposals likely to generate significant additional journeys are required to be accompanied by a Transport Assessment and Travel Plan.

To reflect the wording the NPPG.

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SM/LP/0052

80-81 TI1.12 12. The Council and its partners will ensure that all new developments (including alterations to existing developments and changes of use, where appropriate), offer prospective residents and/or users with genuine sustainable transport options. This will be achieved by seeking to ensure that: a. Transport choices are widened. New developments will provide access to existing sustainable and public transport networks and hubs. Where appropriate, networks will be extended and new hubs created. When considering how best to serve new developments, measures to make best use of capacity on existing bus services should be explored before proposing new services; consideration should be given to increasing the frequency of existing services or providing feeder services within the main network.

Minor change to add comma to correct punctuation.

SM/LP/0053

85 Title – Paras 7.20 & 7.21

North West Stockton, Wynyard Sustainable Settlement and the A19/A689 Minor change to make reference to Wynyard in this subtitle.

SM/LP/0054

85 Para 7.21 7.21 Improved traffic flows have been achieved at the A19/A689 junction through improvements implemented through the successful bid for Pinch Point Programme funding. However, to deliver growth at Wynyard there will be a requirement to upgrade infrastructure at this junction and on the A689. Highways infrastructure improvements will be detailed within the emerging Wynyard Masterplan as discussed in Policy H3.

Insert text to provide cross reference to Policy H3 Wynyard Sustainable Settlement for clarity and completeness.

SM/LP/0055

86 TI2.3 3. The Council will take into account listing or nomination of ‘Assets of Community Value’ as a material planning consideration. 3. Where proposals for planning permission affect a designated Asset of Community Value, the applicant must additionally demonstrate that the land or buildings could not viably remain in continued or similar use, having been marketed for a six week period and, if a community group has expressed an interest in being treated as a potential bidder for the site, a six month period has passed.

To reflect the Council’s approach to determination of planning applications which involve Assets of Community Value, and to allow flexibility for future changes to legislation and procedure in this respect.

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SM/LP/0056

88 Para 7.31 7.31 Owners of an Asset of Community Value cannot dispose of them without letting the local authority know that they intend to sell the asset and have undertaken an appropriate period of marketing the property. However, for such land or buildings planning permission might, if required, be sought by the owner to change the use, or redevelop land or buildings. This policy draws upon the conditions for sale of a Community Asset to inform the Councils determination of applications affecting such land and buildings. 7.31. If an owner of such an Asset intends to dispose of such, then written notice must be given to the Local Authority. This notification triggers a moratorium period which prevents the majority of disposals. The period is currently six months from notification of the intention to dispose of the property if a community group express interest within six weeks of notification. However, the owner is not obliged to accept a community bid even if the bid equals or exceeds any other offer. Also, this does not prevent the owner seeking planning permission for the change of use or redevelopment of land or buildings. Applications for planning permission affecting an ACV will be determined in accordance with policies in the development plan, and taking the listing as a material consideration, the weight afforded determined on a case by case basis.

To explain the current procedure and the Council’s approach to determination of planning applications which involve Assets of Community Value.

SM/LP/0057

88 Para 7.35 7.1 A Playing Pitch Strategy (PPS) for Stockton has been prepared which that will provides a clear, strategic framework for the maintenance and improvement of existing playing pitches and ancillary facilities between 2015 and 2025. When planning for built sports facilities the Council will be guided by evidence within the ‘Stockton-on-Tees Borough Council Indoor, Built and Specialist Facilities Assessment Report’ (2016).

Minor change to amend text to correct tense.

Environment and Climate Change SM/LP/0058

97 ENV2.4 4. Developers should, where appropriate, provide details alongside a planning application of a satisfactory scheme to restore a site to at least its original condition and use when the scheme has reached the end of its operational life.

For clarification

SM/LP/0059

102 Para 8.39 It should be noted that, ground conditions in the Borough are not usually suitable for infiltration; therefore, and infiltration/ soak away systems are not usually accepted as a method for surface water disposal.

Minor amendment for clarity.

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SM/LP/0060

103 ENV5.3c c) Locally designated sites: Development that would have an adverse effect on a site(s) will not be permitted unless the need for and benefits reasons for of the development clearly outweigh the harm to the conservation interest of the site and no reasonable alternatives are available. All options should be explored for retaining the most valuable parts of the sites interest as part of the development proposal with particular consideration given to conserving irreplaceable features or habitats, and those that cannot readily be recreated within a reasonably short timescale, for example ancient woodland and geological formations. Where development on a site is approved compensatory measures will be required in order to make development acceptable in planning terms and to mitigate against any loss of interest.

In response to comments from developer (ID 78 rep 12).

SM/LP/0061

104 ENV5.6 6. Existing trees, woodlands and hedgerows of amenity or nature conservation value will be protected wherever possible. Where loss is unavoidable appropriate replacement will be of appropriate scale and species will be sought on site, where practicable, or at an offsite location where not.

To clarify and introduce off site planting as mitigation.

SM/LP/0062

104 Para 8.49 8.49 Development proposals likely to have a significant affect upon a European site will need to be the subject of a thorough Habitats Regulations Assessment (HRA) Appropriate Assessment (AA) and be tested against the legal protection and national policies prevailing at the time. Any development where the HRAA cannot rule out adverse effects upon the integrity on a European site, having taken into account any mitigation, will be refused unless the (i) there are no alternative solutions; (ii) there are imperative reasons of overriding public interest and (iii) they have secured the necessary re are no alternative solutions. Where an adverse effect upon integrity is identified but the project must none- the-less go ahead, the authority will notify the Secretary of State to allow the application to be called in for determination. In these situations, compensatory measures must be secured to ensure that the overall coherence of the Natura 2000 network is maintained. In such circumstances, it will be the authority’s practice to notify the SOS to allow the application to be called-in for determination to determine whether or not it is in the public interest for such a proposal to proceed.

In response to comments by RSPB (ID75 Rep 9).

SM/LP/0063

107 ENV6.3 The Council will protect, create and enhance open space throughout the Borough to meet community needs and enable healthy lifestyles.

To accurately reflect the intention of the policy.

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SM/LP/0064

109 ENV7.1 Development proposals that may cause groundwater, surface water, air (including odour), noise or light pollution either individually or cumulatively will be required to incorporate measures as appropriate to prevent or reduce their pollution so as not to cause unacceptable impacts on human health, amenity or the environment.

To address comments received and allow for planning balance judgement.

SM/LP/0065

109 ENV7.3 Development will only be approved where suitable mitigation can be achieved that would bring pollution within acceptable levelsimits.

To provide clarity.

SM/LP/0066

109-110 ENV7.5 5. Development proposals will be expected to demonstrate that they avoidof the best and most versatile agricultural land unless the benefits of the proposal will be supported where it can be demonstrated that: a. The need for the development clearly outweighs the need to protect such the land for agricultural purposes.in the long term; andWhere significant development of agricultural land is demonstrated to be necessary, proposals will be expected to demonstrate that they have sought to use areas of poorer There are no suitable alternative sites on previously developed land or lower quality land in preference to that of a higher quality.

Amendment to accord with NPPF.

SM/LP/0067

111 Para 8.73 8.73 Protecting and enhancing soils is an important element of the NPPF, with Local Authorities being required to protect the best and most versatile land in their area. Agricultural land is graded on a scale of 1 to 5, with the best and most versatile land defined as grades 1, 2 and 3a. The Council will take into account the economic and other benefits of the best and most versatile agricultural land, and furthermoreThe Council will avoid the use of the best and most versatile agricultural land through in the allocatingon of sites. However, where significant development of agricultural land is demonstrated to be necessary, the use of areas of poorer quality land will be sought in preference to that of a higher quality. proposals do come forward, it is important to direct development to alternative locations wherever possible.

Amendment to accord with NPPF and revised policy.

SM/LP/0068

115 HE2(3) 3. Development proposals shouldwill conserve and enhance heritage assets, including their setting, in a manner appropriate to their significance. Where development will lead to harm to or loss of significance of a designated or non-designated heritage asset the proposal will be considered in accordance with policy SD8, other relevant Development Plan policies and prevailing national planning policy.

Amendment to accord with NPPF.

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Policies Map Suggested Amendments

Exam Mod Ref

Policy Map No

Policy/Site/ Para/Fig Description of Suggested Modification Reason for change

Policies Map SM/PM/0069

2 and 10/ inset 5

TI1 Identification of playing fields at a.Wynyard (cricket pitch and football pitches) and b. Billingham (Dunbar Road/Finchale Avenue)

Recognition of playing pitch status of sites

SM/PM/0070

3 H1.6 Extension of allocation to include additional land identified as available. In response to representation from landowner

SM/PM/0071

10 - Inset 5 as denoted in Map 10 reduced in size to align with the extent shown within 'inset 5'

To ensure the full extent of the borough is shown on the policies map

SM/PM/0072

16 H1.3.4 Extension of allocation to include additional land identified as available. In response to representation from landowner

SM/PM/0073

17 ENV6 Identification of omitted amenity open space at Sussex Walk, Norton Correction to recognise open space on site.

SM/PM/0074

18/22 EG5 ‘Borough boundary’ amended at Durham Tees Valley Airport to align with 'land outside borough boundary' which is the correct administrative boundary for the Borough.

Drafting error correction

SM/PM/0075

20 SD5 Amendment to remove area from ‘green wedge’ at Bowesfield Crescent In response to representation from landowner (ID37 rep 2).

SM/PM/0076

20 H1.2 (S6) and (S7)

Amended from ‘housing commitments’ to ‘housing allocations’. To reflect change in planning status of the sites.

SM/PM/0077

Various Policies Map Minor change to annotate the policies map to include references to policy TI1.4.a to i. Maps not produced as part of this document due to minor nature of the change.

Clarity for footpath routes

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H1(2,W1)

H1(2,W2)

Suggested Modification

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Suggested Modifications - SM/PM/0069a

SM/PM/0069aCricket Pitch

SM/PM/0069aFootball Pitch

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Suggested Modification

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Suggested Modifications - SM/PM/0069b

SM/PM/0069b

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EG1(1c)

H1(6)

Suggested Modification

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Suggested Modifications - SM/PM/0070

SM/PM/0070

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EG4(1a)

Inset 5

Inset 2

H1(3,8)

H1(2,W2)

H1(2,S4)

°Map 10 1:11,500

© Crown Copyright and database right 2017Ordnance Survey 100023297

Stockton-on-Tees Publication Draft Local Plan,September 2017

Suggested Modifications - SM/PM/0071

SM/PM/0071

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EG1(2)

EG1(2)

EG1(2)

H1(3,4)

H1(3,3)

H1(2,S5)

H1(3,5)

H1(2,S9)

Suggested Modification

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Suggested Modifications - SM/PM/0072

SM/PM/0072

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H1(2,S5)

Suggested Modification

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Suggested Modifications - SM/PM/0073

SM/PM/0073

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EG1(1j), EG5(2)

Suggested Modification

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SM/PM/0074

Suggested Modifications - SM/PM/0074

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EG1(2)

EG1(1d)

H1(2,S7)

H1(2,S6)

H1(3,11)

H1(2,S3)

Suggested Modification

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SM/PM/0076 (S7)

SM/PM/0076 (S6)

Suggested Modifications - SM/PM/0075 and 76

SM/PM/0075