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Newark & Sherwood Local Development Framework Plan Review - Preferred Approach Strategy July 2016

Newark & Sherwood Local Development Framework Plan Review - Preferred Approach Strategy July 2016

5.0 Minor Policy Amendments

5.1 As part of the review of the development plan an assessment of all the policies against current government policy and guidance has been undertaken. An independent health check of the Core Strategy by the Planning Advisory Service (PAS) found that whilst in general conformity, some polices needed amending to be compliant. The changes needed to achieve compliance are set out in the following pages. Whilst the Allocations and Development Management DPD was adopted after the introduction of the NPPF, the Core Strategy predates it. The areas where change is required were covered within the Issues Paper consultation. The consultation responses and preferred approach for these are set out below. Some Spatial and Core Polices are being considered elsewhere in this document, whilst the Core Policy 8 Retail Hierarchy and the various Area Policies will be considered in later consultation. Core Policies 9, 11 and 12 were not identified as needing amendment.

Spatial Policy 6

Consultation Response and Preferred Approach

5.2 As part of the Issues Paper consultation a number of consultees suggested that Spatial Policy 6 Infrastructure for Growth be updated to reflect the current position in the District, whilst this policy may be amended to reflect any changes which emerge from the CIL Review, it is currently proposed to amend the policy to reflect current circumstances.

Spatial Policy 6

Infrastructure for Growth

To ensure the delivery of infrastructure to support growth in the District, the District Council will secure:

  • Strategic Infrastructure via its Community Infrastructure Levy. Strategic Infrastructure is defined as improvements to the strategic highway network and other highway infrastructure as identified in the IDP and secondary education provision across the District.

Local Infrastructure, including facilities and services that are essential for development to take place on individual sites or neighbourhood level, will be secured through Planning Obligations in line with the policies of the Core Strategy, Policy DM3 Developer Contributions and Planning Obligations and supported by a Developer Contributions & Planning Obligations Supplementary Planning Document.

 

 

Question 12

Do you agree with the minor changes proposed to Spatial Policy 6?

Option Results Count
Yes
No

Spatial Policy 7

5.3 The NPPF is stricter on the requirement for travel plans than the Core Strategy. The NPPF states that, 'All developments which generate significant amounts of movement should be required to produce a Travel Plan' whereas SP7 mentions travel plans as one of a number of alternatives.

Consultation Response

5.4 There was overall agreement to the need to change this policy

Preferred Approach

5.5 To achieve consistency with the NPPF it is proposed to amend Spatial Policy 7 to read as follows:

Spatial Policy 7

 

Sustainable Transport

The Council will encourage and support development proposals which promote an improved and integrated transport network and an emphasis on non-car modes as a means of access to services and facilities. In particular the Council will work with the County Council and other relevant agencies to reduce the impact of roads and traffic movement, to support the development of opportunities for the use of public transport, increase rural accessibility and to enhance the pedestrian environment.

Development proposals should contribute to the implementation of the Nottinghamshire Local Transport Plan and should:

  • minimise the need to travel, through measures such as Travel Plans for all developments which generate significant amounts of movement, and the provision or enhancement of local services and facilities;
  • provide safe, convenient and attractive accesses for all, including the elderly and disabled, and others with restricted mobility, and provide links to the existing network of footways, bridleways and cycleways, so as to maximise opportunities for their use;
  • be appropriate for the highway network in terms of the volume and nature of traffic generated, and ensure that the safety, convenience and free flow of traffic using the highway are not adversely affected;
  • avoid highway improvements which harm the environment and character of the area;
  • provide appropriate and effective parking provision, both on and off-site, and effective vehicular servicing arrangements. Parking standards will apply to new development, and will be set out in the Allocations & Development Management DPD; and
  • ensure that vehicular traffic generated does not create new, or exacerbate existing on street parking problems, nor materially increase other traffic problems, taking account of any contributions that have been secured for the provision of off-site works.

The District Council will safeguard locations of highway or public transport schemes identified within the Nottinghamshire Local Transport Plan. Development will not be supported where it would prevent the implementation of these schemes. The location of these schemes will be identified in the Allocations & Development Management DPD. The route of the southern Link Road will be safeguarded and is indicatively defined on the Proposals Map and Figure 5 in line with NAP2A and NAP4. The Council will safeguard land for a possible Newark Rail Flyover (symbolised on the Newark Key Diagram) to replace the existing flat crossing to the north of the Newark Northgate Station and possible new car parking at Newark Northgate Station. The location of these schemes will be identified in detail in the Allocations and Development Management DPD.

High quality, safe, cycle, footpath and bridleway networks will be safeguarded and extended to provide opportunities to reduce the number of short car journeys and for cycling, walking and horse riding for recreation in the countryside. Disused railway lines will be protected from other forms of development, to safeguard their potential to be reinstated to their former use for commercial or leisure purposes, or to extend the cycling or footpath networks.

All major developments should be well located for convenient access by non-car modes, such as walking, cycling and high quality public transport including those measures set out in national planning policy and policies CP11, NAP1, NAP2A, 2B and 2C, SoAP1, ShAP2 and Appendix E of the Core Strategy.

The District Council will promote and support the use of the River Trent for commercial and tourism activities.

 

 

Question 13

Do you agree with the minor changes proposed to Spatial Policy 7?

Option Results Count
Yes
No

Spatial Policy 8

5.6 The NPPF is more flexible than SP8 by allowing any one of the criteria to justify the loss of a leisure or community facility. It also offers another criterion as justification for loss.

Consultation Response

5.7 There was general agreement on the need to change this policy.

Preferred Approach

5.8 To achieve consistency with the NPPF it is proposed to amend Spatial Policy 8 to read as follows:

 

Spatial Policy 8

Protecting and Promoting Leisure and Community Facilities

The provision of new and enhanced community and leisure facilities will be encouraged, particularly where they address a deficiency in current provision, and where they meet the identified needs of communities, both within the District and beyond.

The loss of existing community and leisure facilities through new development requiring planning permission will not be permitted, particularly where it would reduce the communities ability to meet its day-to- day needs,  unless it can be clearly demonstrated that:

  • It's continued use as a community facility or service is no longer feasible, having had regard to appropriate marketing (over an appropriate period of time and at a price which reflects its use, condition and local market values), the demand for use of the site or premises, its usability and the identification of a potential future occupier; or
  • There is sufficient provision of such facilities in the area; or
  • That sufficient alternative provision has been, or will be, made elsewhere which is equally accessible and of the same quality or better than the facility being lost;

In the case of existing open space, sports and recreational buildings and land, including playing fields, where development is proposed for alternative sports and recreational provision, then demonstration will be required that the need for development clearly outweighs the impact of the loss.

Small-scale development that is ancillary to existing open space and recreational land and which would result in a small loss of space will be supported, providing that it contributes towards the improvement and better use of the remainder.

Question 14

Do you agree with the minor changes proposed to Spatial Policy 8?

Option Results Count
Yes
No

Spatial Policy 9

5.9 Criteria 7 and 9 of this policy relating to ecology and flood risk are weaker than the NPPF and therefore need to be strengthened.

Consultation Response

5.10 There was overall agreement to the need to change this policy

Preferred Approach

5.11 To achieve consistency with the NPPF it is proposed to amend Spatial Policy 9 to read as follows:

Spatial Policy 9

 

Selecting Appropriate Sites for Allocation

Sites allocated for housing, employment and community facilities as part of the development plan will:

  1. Be in or adjacent to the existing settlement;
  2. Be accessible and well related to existing facilities;
  3. Be accessible by public transport, or demonstrate that the provision of such services could be viably provided;
  4. Be the most sustainable in terms of impact on existing infrastructure, or demonstrate that infrastructure can be provided to address sustainability issues;
  5. Not impact adversely on the special character of the area, including listed buildings or locally important buildings, especially those identified in Conservation Area Character Appraisals;
  6. Appropriately addresses the findings of the Landscape Character Assessment and the conservation and enhancement actions of the particular landscape policy zone/zones affected;
  7. Give preference to sites of lesser environmental value, minimise impact on biodiversity and provide net gains in biodiversity wherever possible;
  8. Not lead to the loss of locally important open space or, in the case of housing and employment, or other locally important community facilities (unless adequately replaced); and
  9. Be assessed by reference to a sequential risk based approach in order to be located in areas at the lowest risk of flooding and be the least to increase flood risk on neighbouring sites.

 

Question 15

Do you agree with the minor changes proposed to Spatial Policy 9?

Option Results Count
Yes
No

Core Policy 6

5.12 This policy has a number of inconsistencies with the NPPF and also refers to old Government Guidance.

Consultation Response

5.13 There were no comments on the proposal to amend this policy.

Preferred Approach

5.14 To achieve consistency with the NPPF it is proposed to amend Core Policy 6 to read as follows:

Core Policy 6

 

Shaping our Employment Profile

The economy of Newark and Sherwood District will be strengthened and broadened to provide a diverse range of employment opportunities by:

  • Maintaining and enhancing the employment base of our towns and settlements, including their town and village centres, and supporting the economies of our rural communities.
  • Providing most growth, including new employment development, at the Sub-Regional Centre of Newark, and that of a lesser scale directed to our Service Centres and Principal Villages, to match their size, role and regeneration needs. Providing a range of suitable sites in these locations that will enable employment levels to be maintained and increased, by meeting the needs of both traditional and emerging business sectors and types.
  • Promoting major new economic development as part of the Strategic Sites planned for Newark Urban Area, linked to infrastructure improvements including the provision of a Southern Link Road to the South of the town. New employment land provision will be provided at Land South of Newark and Land around Fernwood in line with NAP 2A and NAP 2C. These will allow for the development of clusters and networks of businesses, and areas for economic regeneration, infrastructure provision and environmental enhancement.
  • Retention and safeguarding of employment land and sites where there is a reasonable prospect of them being required for that purpose. The requirement for such sites will be monitored over the plan period. Where proposals are submitted for uses other than the B Use Classes regard will be had to the following:
    • The extent to which the proposals are responding to local needs for such development
    • The lack of suitable, alternative sites being available to meet the demand that exists
    • The need to safeguard the integrity of neighbouring uses, including their continued use for employment purposes.
    • The need to protect and enhance the vitality and viability of town centres
    • The potential impact on the strategic role and function of the remaining employment land, in meeting the future needs of the District
  • Encouraging the development of priority business sectors including business and financial services, knowledge intensive enterprises, food and drink, sustainable energy and environmental technologies, and logistics and distribution.
  • Supporting the establishment and growth of Small and Medium Sized Enterprises (SME's) by the allocation of sites for mixed use development incorporating housing and employment as part of the Allocations & Development Management DPD. Sites allocated for employment development should include provision for starter units, start -up businesses, live work units, and 'grow on' graduation space so that small firms can be established, expanded and retained within the District.
  • Working with learning and training bodies, job centres and higher education providers to raise workforce skill levels, improve employability and supporting economic development associated with these sources, and using planning obligations to provide opportunities to assist residents in assessing work.
  • Helping the economy of Rural Areas by rural diversification that will encourage tourism, recreation, rural regeneration, and farm diversification and compliment new appropriate agriculture and forestry development. Development sustaining and providing rural employment should meet local needs and be small scale in nature to ensure acceptable scale and impact.

Respecting that where the release of sites to non-employment purposes is proposed, any significant benefits to the local area that would result, should be taken into account to inform decision making.

 

 

Question 16

Do you agree with the minor changes proposed to Core Policy 6?

Option Results Count
Yes
No

Core Policy 7

5.15 Whilst Core Policy 7 is relatively consistent with national policy, bullet points 3 and 4 are significantly more restrictive in directing tourism development, in particular rural tourism, to specific locations. The NPPF also doesn't distinguish between scales of development, whereas criterion 3 of CP7 seeks to direct 'significant' tourism development to the Sub-regional centre and Service Centres.

5.16 On a broader note national policy requires Local Plans to support the sustainable growth and expansion of all types of rural business and enterprise (including conversion of existing buildings and well-designed new build). There is also support for the diversification of rural businesses. Whilst with regard to rural tourism and leisure, sustainable forms of development which benefit rural business, local communities and visitors whilst respecting the character of the countryside are promoted. Importantly this includes provision and expansion of tourist and visitor facilities in appropriate locations where identified needs are not met by existing facilities in rural service centres.

5.17 Amendments to the policy are therefore considered necessary to boost conformity with national policy.

Consultation Response

5.18 Support for the amendment of CP7 was provided by Nottingham Trent University who considered the approach should facilitate tourism development in locations which broadly 'respect the character of the countryside'. The current policy restricts the significant role of design and landscaping innovation in the planning process. Bourne Leisure emphasised that a more positive approach to tourism development in rural areas would be more consistent with national policy. This should include the expansion and enhancement of existing tourist facilities, and the alteration, enhancement and appropriate expansion of listed buildings. The consultee supported the retention of bullet points 6 and 7. Whilst Natural England supported the proposed review of CP7 the importance of delivering sustainable tourism which does not compromise the high quality environment and special character of the area was underlined.

Preferred Approach

5.19 To boost the consistency of CP7 with national policy it is proposed to be amended as follows:

Core Policy 7

 

Tourism Development

The District Council recognises the economic benefits of sustainable tourism and visitor-based development (including tourist accommodation), and will view positively proposals which help to realise the tourism potential of the District, support the meeting of identified tourism needs, complement and enhance existing attractions or that address shortfalls in existing provision, subject to:

  • Within the main-built up areas of 'settlements central to the delivery of the spatial strategy' the proposal being acceptable in terms of its:
    • Design and layout; and
    • Individual and/or cumulative impact on local character (including the built and natural environments), heritage assets, biodiversity, amenity, transport, infrastructure, community services and in locations adjacent to the open countryside landscape character.
  • Within settlements within the Rural Areas, the proposals being acceptable in terms of its:
    • Design and layout; and
    • Individual and/or cumulative impact on local character (including the built and natural environments), heritage assets, biodiversity, amenity, transport, infrastructure, community services and in locations adjacent to the open countryside landscape character; and
    • Compliance with the locational requirements of Spatial Policy 3

 

  • Within the open countryside the proposal representing sustainable rural tourism development which meets one or more of the following:
    • Forms part of a rural diversification scheme;
    • Supports an existing countryside attraction;
    • Has a functional need to be located in the countryside;
    • Constitutes the appropriate expansion of an existing tourism or visitor facility;
    • Supports local employment;
    • Meets an identified need not provided for through existing facilities within the main-built up areas of 'settlements central to the delivery of the spatial strategy', or villages covered by Spatial Policy 3 'Rural Areas'; or that
    • Supports rural regeneration through the appropriate re-use and conversion of existing buildings.

Such proposals will still however need to be acceptable in terms of their:

  • Design and layout; and
  • Individual and/or cumulative impact on local character (including the built and natural environments), heritage assets, biodiversity, amenity, transport infrastructure, community services and landscape character.
  • Within the Green Belt proposals being consistent with the definition of appropriate development provided by national Green Belt policy.

 

Question 17

Do you agree with the changes proposed to Core Policy7? 

Option Results Count
Yes
No

Core Policy 10

5.20 The contents of Core Policy 10 remain consistent with national policy. However the policy doesn't explicitly reference standalone renewable energy development, and the carbon reduction targets are no longer necessary as the revisions to Part L of the Building Regulations have been introduced.

5.21 With respect to flood risk national policy requires Local Plans to develop policies which manage flood risk from all sources. The policy should therefore be revised to take account of the need to address surface water run-off as well as that flood risk from fluvial sources.

Consultation Response

5.22 No comments were received on this policy.

Preferred Approach

5.23 To bring Core Policy 10 up to date and to boost its consistency with national policy it is proposed to be amended as follows:

Core Policy 10

 Climate Change

The District Council is committed to tackling the causes and impacts of climate change and to delivering a reduction in the District's carbon footprint. The District Council will work with partners and developers to:

  • Promote energy generation from renewable and low-carbon sources, including community-led schemes, through supporting new development where it is able to demonstrate that its adverse impacts have been satisfactorily addressed. Policy DM4 'Renewable and Low Carbon Energy Generation' provides the framework against which the appropriateness of proposals will be assessed;
  • Ensure that development proposals maximise, where appropriate and viable, the use of available local opportunities for district heating and decentralised energy;
  • Mitigate the impacts of climate change through ensuring that new development proposals minimise their potential adverse environmental impacts during their construction and eventual operation. New proposals for development should therefore:
    • Ensure that the impacts on natural resources are minimised and the use of renewable resources encouraged; and
    • Be efficient in the consumption of energy, water and other resources.
  • Steer new development away from those areas at highest risk of flooding, applying the sequential approach to its location detailed in Policy DM5 'Design'. Where appropriate the Authority will seek to secure strategic flood mitigation measures as part of new development;
  • Where appropriate having applied the Sequential Test move on to apply the Exceptions Test, in line with national guidance; and
  • Ensure that new development positively manages its surface water run-off through the design and layout of development to ensure that there is no unacceptable impact in run-off into surrounding areas or the existing drainage regime.

 

Question 18

Do you agree with the minor changes proposed to Core Policy 10?

Option Results Count
Yes
No

Core Policy 13

5.24 The approach focused around Landscape Policy Zones (LPZ's), based on an assessment of landscape character, and related actions is consistent with the National Planning Policy Framework. However the policy is written in the future tense with the system of LPZ's having now been introduced. The policy would benefit from being amended to reflect this.

5.25 National policy makes reference to protecting and enhancing 'valued' landscapes, whereas the existing policy currently talks about landscape in general terms. The results from the assessment of landscape character are clearly a key element in establishing the relative 'value' of a landscape, and guiding the consideration of landscape impact from new development. However the policy should be amended to include reference to 'valued' landscapes increasing consistency with national policy.

Consultation Response

5.26 The National Trust set out that the policy should also explicitly seek to protect and enhance 'valued landscapes' in accordance with national policy.

Preferred Approach

5.27 To provide clarity over the consistency with the NPPF and to aid its effective implementation it is proposed to amend Core Policy 13 to read as follows:

Core Policy 13

Landscape Character

Based on the comprehensive assessment of the District's landscape character, provided by the Landscape Character Assessment Supplementary Planning Document , the District Council will work with partners and developers to secure:

New development which positively addresses the implications of relevant Landscape Policy Zone(s) that is consistent with the landscape conservation and enhancement aims for the area(s) ensuring that valued landscapes have been protected and enhanced.

 

 

Question 19

Do you agree with the minor changes proposed to Core Policy 13?

Option Results Count
Yes
No

Core Policy 14

5.28 The approach provided by the NPPF is focussed around the conservation of heritage assets in a manner appropriate to their significance. Whilst the current CP14 is consistent with this it is considered that this focus on significance could be made clearer. The Framework also makes explicit reference to heritage assets most at risk through neglect, decay or other threats. Although CP14 is consistent with this the policy would benefit from greater clarity.

5.29 The policy would benefit from being amended to include reference to the Southwell protected views policy (So/PV and So/Wh).

Consultation Response

5.30 No comments were received on this policy.

Preferred Approach

5.31 To provide clarity over the consistency with the NPPF and to aid the effective implementation of Policies So/PV and So/Wh it is proposed to amend Core Policy 14 to read as follows:

Core Policy 14
Historic Environment

Newark & Sherwood has a rich and distinctive historic environment and the District Council will work with partners and developers in order to secure:

  • The continued preservation and enhancement of the character, appearance and setting of the District's heritage assets and historic environment in line with their identified significance. Such assets and environments comprise Listed Buildings (inclusive of the protected views of and across Southwell's principal heritage assets), Conservation Areas, Registered Historic Parks and Gardens, Scheduled Monuments and other archaeological sites and undesignated assets of local importance;
  • The preservation of the special character of Conservation Areas - including that identified through Conservation Area Character Appraisals, which will form the basis for their management.
  • Positive action for those heritage assets at risk through neglect, decay, vacancy or other threats; and

The protection of Historic Landscapes including the Historic Battlefield at Stoke Field, the Sherwood Forest Heritage Area and the Historic Landscape around Laxton. A sustainable future for Laxton will be sought, which preserves and enhances its Open Field System and culture, the built and natural environment which sustain it, including the Historic Landscape around Laxton, and the institutions which manage it. This will be achieved by working in partnership with the Court Leet, the Crown Estates and the Parish Council. Appropriate new development which facilitates these aims will be supported.

 

Question 20

Do you agree with the minor changes proposed to Core Policy 14?

Option Results Count
Yes
No

Any other comments on the Minor Policy Amendments?

One person has answered this question.

Any other Final Comments?

15 people have answered this question.