6.1 This Local Plan, which over time will be supplemented with additional parts as described in section 1, is prepared within a legislative regime that gives it primacy in the determination of planning applications made relating to land and buildings in Mendip District.
6.2 This part of the plan now goes on to set out a series of policies that will be used to manage all proposed development in a manner that ensures new development is responsive to local needs and conditions. In line with the Presumption in Favour of Sustainable Development set out in the introductory section of this Local Plan, where a particular matter is not addressed by policies within this Plan, applicants should have regard to the National Planning Policy Framework to ensure that proposals do not have adverse impacts (that outweigh potential benefits) when assessed against its policies. The Council may also have regard to other material considerations in reaching decisions on cases.
6.3 In recent years, the regulatory function of Local Planning Authorities has shifted. Previously, their role was, broadly, to allow applications which conformed with policies and reject those which did not. This system put in place an adversarial arrangement which was akin to pitting the applicant against the authority and there appeared to be little flexibility.
6.4 In more recent times, and in response to the emergence of more flexible development policies (at national level) able to take into account a broader range of issues (rather than simplistic ’black or white’ tests), the role of the Planning Authority has moved to one of managing development through its regulatory role to deliver wider outcomes rather than just decisions on individual policies. To this end the Council’s Development Management service now actively engages applicants to help them shape development proposals towards wider goals affording a more balanced use of policies and material considerations to deliver development that the area needs. This is not to suggest that the Council is any less thorough in considering poor quality or badly conceived development proposals as it will still reject such proposals. However, where benefits outweigh minor drawbacks it is inclined to take a more pragmatic view. This is now reinforced in the National Planning Policy Framework’s Presumption in Favour of Sustainable Development (see paragraph 1.21).
6.5 The policies in the remaining part of section 6 are those which the Council considers necessary to put in place to give a better local dimension in its regulatory role as Local Planning Authority. In preparing this limited suite of policies the Council has had regard to the National Planning Policy Framework (NPPF) and is satisfied that the content of it currently offers sufficient safeguards to manage matters not addressed in this plan. However, depending upon political and technical influences, the NPPF is likely to be subject to change over time and so the Council will keep under review its local policies and bring forward new policies where national intentions are not considered to be sufficient to make decisions that reflect local conditions or needs.
6.6 The policies are grouped together in sections reflecting specific themes. Within each section, relevant issues and links to associated guidance and information are provided. Applicants are hereby warned that the sources are not exhaustive, and that, over time, changing regulation or best practice may mean that the sources become less relevant or should otherwise be disregarded.
6.7 Appendix 1 includes a group of Saved Policies from the last Local Plan and the Somerset and Exmoor Joint Structure Plan (2000) which are still considered to have relevance and application in light of a review undertaken during the plan making process and again following the publication of the NPPF. The Council will review these as part of the Local Plan Part II: Site Allocations process. The Appendix also indicates which currently saved policies are to be superseded or deleted by this Part I Plan.
6.8 The local Development Policies that will be used to consider development proposals are grouped as follows:
| Protecting Distinctive Character and Promoting Better Development | Development Policy 1 -
Local Identity and Distinctiveness Development Policy 2 - Open Areas of Local Significance Development Policy 3 - Heritage Conservation Development Policy 4 - Mendip’s Landscapes Development Policy 5 - Biodiversity and Ecological Networks Development Policy 6 - Bat Protection Development Policy 7 - Design and Amenity of New Development Development Policy 8 - Environmental Protection Development Policy 9 - Transport Impact of New Development Development Policy 10 - Parking Standards |
| Providing Places to Live | Development Policy 11 -
Affordable Housing Development Policy 12 - Rural Exception Sites Development Policy 13 - Accommodation for Rural Workers Development Policy 14 - Housing Mix and Type Development Policy 15 - Gypsies, Travellers and Travelling Showpeople |
| Local Infrastructure | Development Policy 16 -
Open Space and Green Infrastructure Development Policy 17 - Safeguarding of Community Facilities Development Policy 18 - Safeguarding Corridors for substainable Travel Development Policy 19 - Development Contributions |
| Maintaining Economic Potential | Development Policy 20 -
Reuse of Employment Sites Development Policy 21 - Managing Town Centre Uses Development Policy 22 - Reuse and Conversion of Rural Buildings |
| Flood Risk | Development Policy 23 - Managing Flood Risk |
6.9 This section sets out a group of policies aimed at ensuring that the natural, cultural and built assets of the district are safeguarded, whilst seeking to ensure that all development is of a high quality in terms of its regard to its setting and the quality of its design. The section also addresses site specific transport considerations in terms of access, safety, transport alternatives and parking provision. These facets are essential in ensuring that new development, which may be present for a lifetime or more, is responsive to its surroundings and the needs of users, both now and in the future.
6.10 The district has a wealth of natural, physical, cultural and historical assets as is detailed in the Portrait of Mendip. The Policies Map will set out the locations and physical extents of protected sites, designated areas and other assets which exist within Mendip district. Throughout the consultation that has been carried out on the Local Plan many contributors highlighted that the area and its constituent communities enjoyed and benefited from a clear sense of place and identity. This sense of place and identity is evident from the high number of natural and heritage assets within the area, and also the range of protective designations present which have been introduced to safeguard these qualities of the physical and historical environment. It is also clear, particularly in the towns that the physical environment and range of activity combine to create distinct identities and a real sense of place.
6.11 In terms of backdrop, the landscapes of the Mendip Hills AONB, the Somerset Levels, and transitional areas around them provide a diverse and highly attractive rural setting which historically has influenced the dispersed settlement pattern of the area. This backdrop has also influenced the variety of habitats and wildlife present, as well as the nature of rural land use which in itself has shaped the character of the countryside for hundreds of years.
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6.12 The Mendip towns, the primary centres of activity, each have their own functional and cultural identities which, over time, have been cultivated and promoted to generate distinctive senses of place. Rural communities also have their own distinctive character, although given their limited functional role this character arises more from historic and aesthetic influences along with the vibrancy of community life. Despite the decline in local employment, services and ongoing change in the structure of the population, it is important that locally driven need for employment – advocated through the Local Plan process – is sensitive to the complex interaction of countryside, heritage, habitats, remaining economic activity and social networks.
6.13 The following policies are designed to ensure that the distinctive character and diversity of places within Mendip is considered maintained and where possible enhanced. They also give a clear steer to community groups – in line with Core Policy 5 – that the Local Planning Authority encourages community groups and other interests to undertake characterisation exercises (such as Village Design Statements, Design Guides and Context Studies) to define and improve awareness of local character and identity. Where their preparation is properly informed, consulted upon amongst the community and where relevant is in accordance with guidance and other plans and policies such assessments will be formally adopted by the Council. In doing this, the Council will use these sources as material considerations in determining development proposals in the relevant locality to better inform the application of national policies set out in the National Planning Policy Framework.
6.14 Over successive plan periods the Council has identified a multitude of open spaces which make a significant contribution to the quality of the built environment. These spaces may provide views out of an otherwise built up street scene, allow views of significant local features or buildings beyond them, enhance the setting of the settlement, create a sense of space or otherwise contribute to the locally distinctive character of an area. In some cases the areas are also designated as formal sports or recreation spaces under Development Policy 16.
6.15 Communities have made it clear that these areas warrant continued protection and that additional areas should be identified. The Council will therefore retain the current areas previously designated under Policy Q2 of the previous Local Plan. However, Part II of the Local Plan or Neighbourhood Plans prepared in the interim will specifically review the ongoing appropriateness of protection for existing areas and provide an opportunity for new areas to be identified. At that time the Council, in discussion with communities and landowners, will also consider whether some or all of the retained sites should be designated as Local Green Spaces as provided for under paragraphs 76-78 of the National Planning Policy Framework (NPPF). All areas designated as ‘Open Areas of Local Significance’ will be accompanied by information as to why the designation has been made. This will be available in the Local Plan Part II.
Permission will not be granted for development which would harm the contribution to distinctive local character made by Open Areas of Local Significance as identified on the Policies Map. nn
Local Context
6.16 The district of Mendip has a wealth of historic buildings and places which contribute greatly to the character and appearance of the local environment and form part of a distinctive and cherished local scene. In terms of principal Heritage Assets, the district contains:
6.17 Information about these and other aspects of our local heritage are contained within the Somerset Historic Environment Record (SHER) maintained by Somerset County Council.
6.18 The historic fabric and significance of these buildings and places and their character is, however, a fragile resource and one which is an irreplaceable and unique record of our cultural heritage. The preservation of our historic built environment (as well as our designed landscapes) is important not only as it provides a link with the past, but because the heritage assets themselves enhance the appearance of our towns, villages and countryside reinforcing their sense of place. Hence, in considering all proposals and initiatives affecting Heritage Assets the Council will be seeking benefits in terms of improvement in the quality of the historic built and landscaped environment, stimulation of high architectural quality in new buildings, creation of a stronger local identity and sense of place, increased sustainability, encouragement of local and traditional building craft skills, and the exploitation of the potential for heritage assets to contribute towards education, tourism and the local economy.
6.19 Local Authorities are ‘custodians’ of the historic environment and have a duty to ensure that heritage assets are conserved and, where possible, enhanced in a manner appropriate to their significance. However, the responsibility of stewardship of the district’s heritage is shared by everyone and it is recognised that there needs to be broad public support and understanding of the issues relating to the preservation of historic buildings and places.
6.20 In addition to giving great weight to the conservation of a heritage asset when considering development proposals that will impact upon the asset’s significance, the Council will, in the pursuit of conserving and promoting enjoyment of the areas historic environment, focus its activities in the following areas:
6.21 This strategy will utilise where appropriate the suite of historic environment policies, good practice guidance and evidence that is available from national agencies such as English Heritage, Historic Towns Forum and National Amenity Societies such as the Society for the Protection of Ancient Buildings (SPAB). This will include the Historic Environment Planning Practice Guide produced by English Heritage, Department of Culture Media and Sport and Department of Communities and Local Government.
Heritage Conservation Policy
6.22 The National Planning Policy Framework sets out the government’s policies regarding the conservation and enhancement of the historic environment. The following policy complements the national policy approach but sets out how applications affecting Heritage Assets will be approached by the Council, and measures to ensure that heritage assets are safeguarded or enhanced for the future, both for their own heritage merits and for the wider benefits they bring.
6.23 In addition to the policy below, the Council is keen to work positively with developers and landowners to ensure that local heritage gains wider appreciation and can be used to gain a greater understanding of the past and to inform future decisions regarding it. For example, where, as a result of implementing an existing consent a new Heritage Asset is discovered, or new discoveries are made about an existing asset, there is an expectation that a developer will work with the local planning authority to seek a solution that protects the significance of the new discovery, so far as is practical within the permitted scheme or that a new scheme that better respects the asset is considered/submitted.
Proposals and initiatives will be supported which preserve and, where appropriate, enhance the significance and setting of the district’s Heritage Assets, whether statutorily or locally identified, especially those elements which contribute to the distinct identity of Mendip.
6.24 Mendip district has rich and varied landscapes. The district’s name arises from the prominence of the Mendip Hills which run across the northern edge of the district, part of which are designated as an Area of Outstanding Natural Beauty (AONB). However, the transition from this upland area down to the equally distinctive Somerset Levels and Moors on the western side of the district creates a wealth of visually and culturally significant landforms, most prominently represented by Glastonbury Tor. To the east of the district the landscape is equally as important with the north eastern corner marking a transitional area between the Mendips and the Cotswolds. To the south east, a modest portion of the Cranborne Chase and West Wiltshire Downs AONB falls within the district. In the heart of the district, the district’s countryside is valued for its intrinsic value although its character is very much a working one, shaped by human activity dating back hundreds and thousands of years.
6.25 AONBs are nationally designated landscapes of national importance. Within the AONBs, a general policy of development restraint is implied with any new development being limited to that necessary to support the specific social and economic needs of local communities falling within the designated area. Proposals for major development which are within the wider public interest will be determined in line with policy set out in the NPPF.
6.26 Whilst the AONBs represent the highest quality landscapes present in Mendip, away from these areas there are specific features including Glastonbury Tor and Palace Fields (Wells) which make an outstanding contribution to the scenic quality of the district or have a historical or cultural significance. Previous local planning policy established Special Landscape Features to recognise the value of these landscape elements these areas and their extents were reviewed in the “Assessment of Special Landscape Features” (2012). The Special Landscape Features can be found marked on the Policies Map.
6.27 In terms of the wider countryside, the Landscape Assessment of Mendip District (1997) continues to provide a broad characterisation of the district, dividing it into eight principal Landscape Character Areas based on their distinct physical, natural and cultural influences. These are:
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6.28 Further assessments of landscape also exist for the five towns and their fringes which have been used to understand constraints on growth considered in Core Policies 6-10. The findings of these assessments can be found in the Strategic Landscape Appraisal of the Main Towns (2006) and the Landscape Assessment of the Fringes of the Towns in Mendip District (1996) respectively. These assessments should also be used to inform applications for other development that might come forward in the assessed areas.
6.29 Across the district there are a number of areas designated as Regionally Important Geological and Geomorphological Sites (RIGS) which are examples of scientifically valuable or educationally important rock formations and landforms. These do not restrict development, however where development is proposed in close proximity to such sites applicants will need to ensure that the qualities of the recorded feature are not compromised.
6.30 Whilst not a landscape designation, a small area of the Bath and Bristol Green Belt lies in the extreme north eastern corner of the district. Development in this area is restricted by national policy as set out in section nine of the NPPF. This is the only area of statutory Green Belt within Mendip and its extent is shown on the Policies Map.
6.31 Section 11 of the NPPF outlines the Government’s policy on the protection and enhancement of valued landscapes. Within Local Plans, the NPPF requires local planning authorities to set criteria based policies against which development proposals on or affecting landscape areas will be judged. The following policy is therefore designed to ensure that the most significant parts of our landscape are shielded from all but the most essential forms of development and that elsewhere the intrinsic value of the countryside is maintained whilst allowing forms of development that contribute to the social and economic health of the district.
6.32 An important aspect of the policy is the consideration of impacts of schemes both individually and cumulatively. Individual schemes may give rise to limited impacts which, when balanced against other matters, may be set aside. However, a number of schemes in the same area all raising those small individual impacts may, collectively, result in a more significant impact that will change the character of the landscape.
6.33 In response to approaches to the Council in relation to wind turbine development, the Council will be preparing a Supplementary Planning Document (SPD) outlining its approach to wind turbine development when considering proposals in relation to this policy and others including DP3-DP8. Specific matters to address will include current best practice, the need for clear landscape and visual impact assessments as well as the requirement for project level Habitats Regulations Assessment to be carried out where protected species or habitats maybe affected.
Mendip district is defined by its landscapes. Proposals for development that would, individually or cumulatively, significantly degrade the quality of the local landscape will not be supported. Any decision-making will take into account efforts made by applicants to avoid, minimise and/or mitigate negative impacts and the need for the proposal to take place in that location.
The following criteria will be applied in relation to particular landscape designations present in the district:
6.34 Mendip has a biologically diverse natural environment, with many examples of internationally and nationally scarce species and habitats. There is a wide array of designated areas consisting of 38 nationally important Sites of Special Scientific Interest, 6 National Nature Reserves and 422 locally to nationally significant Local Wildlife Sites.
6.35 Of the highest ecological value are three internationally important Natura 2000 sites, the Somerset Levels and Moors Special Protection Area (SPA) designated under Article 4 of the 1979 EC Birds Directive and two Special Areas of Conservation (SAC) designated under the 1992 EC Habitats Directive (Mells Valley SAC, Mendip Woodlands SAC and North Somerset and Mendip Bats SAC) which relate to bat populations. The Somerset Levels and Moors is also designated as an internationally important wetland under the Ramsar Convention. In preparing this plan, the Council has worked with specialists at Somerset County Council and Natural England in considering the impacts of development proposed on these areas. Applicants making applications affecting these designated areas will be under similar obligations to explore the impacts in consultation with Natural England.
6.36 Mendip has a large number of locally designated Local Wildlife Sites – over 400 of these exist across the district. The Local Wildlife Sites system is designed to complement the network of nationally and internationally designated sites in the county. Selection is based on assessing a site’s ecological importance in a local context, in terms of the habitats and species the sites support. Those Local Wildlife Sites present in Mendip can be found on the Policies Map and many form part of the Somerset Ecological Network. The district also contains one Local Nature Reserve ‘Street Heath’ which lies to the north west of Glastonbury, the extent of the reserve can be found on the Policies Map. The setting up of Local Nature Reserves will be considered including local participation in developing and managing a site so implemented. Mendip also has a Biodiversity Action Plan (BAP) which outlines which important species and habitats have been prioritised in the district for protection and enhancement. There are five important habitats which have been identified and three species. For each of these an action plan has been developed.
6.37 The NPPF supports a step change in the way in which biodiversity is to be addressed in future. There are two principal strands which take proactive and reactive stances as considered under the headings below.
6.38 The long standing approach of safeguarding designated areas has preserved particular habitat areas, however intensified use of land around these areas, for example, has increasingly isolated these areas. Hence, whilst an area like Mendip might have a rich assortment of wildlife habitats, they exist across the district in patches rather than continuous swathes of good quality habitat. This presents a number of problems to animals and plants. Isolated patches make dispersal of individuals to breed or colonise new areas difficult or impossible. Preserving existing fragments of habitats and isolated protected sites alone will not be sufficient to conserve biodiversity.
6.39 The new approach advocated in the NPPF calls for the establishment of an ecological network. An ecological network is a connected group of natural and semi-natural habitats which are large enough and sufficiently joined-up to enable the survival of viable populations of flora and fauna species. Ecological networks are managed with the objective of conserving biodiversity, and maintaining and restoring ecological function in the natural environment.
6.40 Somerset’s Ecological Network is a plan of existing and potential strategically important ecological infrastructure located across the county. It identifies existing as well as new opportunities for biodiversity, and the linkages required to ensure connectivity between these elements. It is the basic infrastructure that will aid the recovery of biodiversity from recent declines, and deliver socially and economically important ecosystem services. Somerset’s Ecological Network does not aim to identify all resources of importance to the conservation of the natural environment, and therefore the protection of specific sites remains important.
Core Areas are existing areas, features, or resources of importance for biodiversity, often made up of existing designated sites.
Corridors are existing linear features providing structural connectivity between Core Areas and into the wider landscape. Types may include linear corridors (e.g. substantial well established hedgerows) landscape corridors (e.g. scarped unproductive land) or stepping stones (e.g. copses within a wider area of arable land that provide stop over points in transit between core areas).
Restoration Areas are areas, features or resources with the potential to become future Core Areas, or to improve connectivity, if they are enhanced or restored.
All of these components are either enclosed by a Buffer Zone (Core Areas) or have a buffered element included within them (Corridors and Stepping Stones) which reduces the potential for indirect disturbance.
6.41 To facilitate sustainable growth within the district, Somerset’s Ecological Network will be used to:
6.42 Sustainable development in the district will avoid direct and indirect impacts to Somerset’s Ecological Network. Through sensitive site location and master-planning, sustainable development will not lead to the loss, damage, deterioration or disturbance of Core Areas, Corridors or Stepping Stones, and will generate a net gain for biodiversity by enhancing Restoration Areas and Buffer Zones.
6.43 Ecological networks are a long term, proactive, multi party approach to addressing the decline in biodiversity. However, development pressures will continue to generate applications that will impact directly or indirectly (i.e. in terms of loss, damage, deterioration or disturbance of such features) upon biodiversity resources. Such development, whether affecting designated areas as part of the Somerset Ecological Network or not, is not sustainable. The default position is that biodiversity resources should be safeguarded from development. However, there will be circumstances where the development will be deemed necessary resulting in impacts on biodiversity. Exceptions will only be made on a “no net loss basis” where the 3 criteria in the policy below are satisfied. A net gain will be sought where possible. The NPPF sets out a number of other criteria specific to particular habitats.
6.44 In order to achieve ‘no net loss’ of biodiversity in the district as a result of future development, where a proposal is considered to have the potential to cause an adverse effect on protected sites, species or habitat, mitigation and/or compensation measures, including offsetting, will be sought. Offsetting measures required as a result of a development proposal will be determined in line with Somerset County Council’s Biodiversity Offsetting methodology.
6.45 Further guidance on the ecological network and the biodiversity offsetting methodology referred to in the policy can be found in the Ecological Networks and Biodiversity Offsetting Supplementary Planning Document which will be adopted by the Council in 2013/14.
The Council will use the local planning process to protect, enhance and restore Somerset’s Ecological Network within Mendip.
Offsets as mitigation or compensation required under criterion b) will be calculated using Somerset County Council’s Biodiversity Offsetting methodology.
6.46 Mendip district contains two Special Areas of Conservation (SAC) which have been designated for their value as habitats for Horseshoe Bats. These areas are the Mells Valley SAC and North Somerset and Mendip Bats SAC (incorporating a sizeable part of the Mendip Hills) which also have links to the Bath and Bradford on Avon SAC providing roosting and foraging areas. As the ‘competent authority’ under the Conservation of Species and Habitats Regulations 2010 (the ‘Habitats Regulations’) Mendip District Council is required to carry out a ‘test of likely significant effect’ on planning applications that potentially affect the conservation objectives of these sites.
6.47 Horseshoe bats rely on a number of environmental features in order to maintain their populations, the conservation objective of the SACs, including hedgerows and buildings used as night roosts and loss or alteration to these features from removal, change in habitat, alteration to structures and the introduction of street lighting may result in permanent reductions in the amount of habitat required to maintain the population.
6.48 Applications occurring within the Bat Consultation Zone (identified on a map available from the Council’s evidence base webpage) will require the Council to carry out a ‘test of significance’ under the Habitats Regulations. The Bat Consultation Zone shows areas in which Horseshoe Bats are known to be and are likely to regularly use for commuting and/or foraging and in night roosting. The mapping is drawn from radio tracking studies and aerial photographic interpretation of habitat used by bats, which are features of the SACs.
6.49 This policy is a result of recommendations made in the Habitat Regulations Assessment of those parts of the Mells Valley Special Area of Conservation (SAC) and the North Somerset and Mendip Bats SAC which lie within Mendip. In order to preserve the integrity of these internationally designated sites the assessment recommended that a policy was required.
6.50 In addition to the Bat Consultation Zone, British bat species can be found across the district and may be using habitats and roost sites anywhere in the administrative area. As a ‘competent authority’ under the Habitats Regulations the Council is responsible for ensuring that populations and distribution of bats are maintained at a ‘Favourable Conservation Status’ as defined in Article 1 of the Habitats Directive.
6.51 In order to aid the District Council in reaching a decision on an application that potentially affects bat populations applicants must provide all necessary information including any necessary survey work, reports and avoidance/mitigation measures with the application. A guidance note will be produced giving more details on the Test of Significance.
Planning Applications for development on sites within the Bat Consultation Zone will require a ‘test of significance’ under the Habitats Regulations to be carried out.
Applicants must provide, with their application, all necessary information to enable compliance with the Habitats Regulations (or their successor), including any necessary survey work, reports and avoidance / mitigation measures.
6.52 Good architecture and urban design contribute to making places both functional and attractive to residents, users and visitors. While architecture is about the design of buildings, urban design is about the relationships between the buildings, the roads and spaces that they front, and the people who make use of them. The outstanding building projects are those that are not only visually stimulating, but are also sensitive and respectful of their surrounding developments and environment. A well-designed place takes into consideration the important relationships between buildings, spaces, functional needs and the wider context within which the planned building or structure sits.
6.53 The testament of a good design will ultimately be the direct spin-offs it generates in terms of economic, social-cultural and environmental benefits. A well designed new house may command a higher value, have lower running costs and emissions and perhaps contribute to the diversity of the streetscape. At a larger scale a well designed town centre development can redefine the role and function of a whole town bringing in new businesses, increasing visitor footfall, creating jobs, enhancing civic pride and improving the overall quality of life.
6.54 Mendip has seen exemplar developments. Lime Tree Square in Street, Tadley Acres in Shepton Mallet and The Piggeries in Frome are examples of schemes within our small rural district which, with attention to detail by architects and designers, commitment by developers and craftsmanship from builders, have all gained national awards or accreditation over recent years. The Council will continue to require high quality design standards from all forms of new development and encourage the use of assessment techniques such as ‘Building for Life’ during negotiation in the formulation of development proposals by applicants.
6.55 The majority of buildings, particularly new houses, which will be built during the lifetime of this plan, are likely to remain fixtures within our towns and villages for at least 70 years. During that period natural resources, such as water and energy can be expected to become less abundant and more expensive. It is important that the buildings we are designing now have an eye to the future. The Council is also seeking to ensure that new development built now is sustainable for the long term. Water efficient fittings, high levels of insulation and micro scale renewable energy technology (e.g. solar thermal or photovoltaic) are all means by which occupants can, throughout the building’s life, minimise the use of natural resources and reduce running costs.
Sustainable BuildingsSome examples of design future proofing:
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6.56 The Council has considered policy requirements for higher standards of sustainable construction and design. However, at a national level the Government has already set the bar high with targets for all residential buildings to be zero-carbon by 2016 and all non-residential buildings to be zero-carbon by 2019. Nonetheless, the Council will, in the lead up to those national targets challenge developers to build in measures which minimise resource use and beyond 2016 will continue to promote new techniques, technologies and features that make further strides towards reducing the use of natural resources.
6.57 Sustainable drainage is particularly important to mitigate against known flood risk and water quality issues which exist in various parts of the district as well as ensuring that the capacity of existing systems is not overwhelmed. Sustainable Urban Drainage Systems can also provide an important opportunity for the creation of wildlife habitat.
6.58 As described above, good design can yield a range of benefits for individuals and the wider community, however good design flows from an understanding of the needs of users and the integration of development within its context.
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6.59 The Council has considered the introduction of a district wide Design Guide to help improve urban and building design standards in response to obvious examples in our communities of bland and poor quality design. However, the counterview of this is that a single design guide has the potential to stifle originality and promote uniformity.
6.70 The Localism Act reinforces the role that community derived guidance and policies can play in improving design quality. Village and Town Design Statements have always offered a means for local people to highlight the buildings, spaces and features that are important and valued in their communities. Commitments set out in Core Policy 5 now reinforce the previous uncertain status these forms of guidance have had.
6.71 Large scale development has the ability to transform the character, appearance and use of areas within our towns and villages. Development Briefs or Masterplans provide a collaborative means for interests, including local communities, statutory and technical consultees, landowners, developers and any other relevant parties, to shape how a development should come forward and make a positive contribution to the locality. They can enable complex policy issues to be resolved prior to the preparation of proposals and can help in the delivery of sites which have difficult issues to address.
6.72 Where development sites are allocated through the Local Plan, all proposals will be preceded by the production of a Development Brief, Masterplan or other structured pre-application process. Other significant sites, in addition to those allocated as part of the Local Plan, will also come forward for development. In such cases it is even more important that Development Briefs and Masterplans are prepared given that these sites will not have enjoyed the scrutiny that allocations have been subjected to.
6.73 Development Briefs and Masterplans are different. A Development Brief will be more appropriate for major development sites where there are a range of competing issues to resolve or explain and the need for more detailed technical description of how the layout, phasing and infrastructure needs to be achieved. In contrast, for smaller and less complex sites a Masterplan will normally be a diagrammatic representation of the scheme design accompanied by clear development principles. Both offer a means for statutory and community groups to understand the broad elements of the development and agree principles which will then shape a subsequent planning application.
6.74 A guidance note will be prepared to set out the procedures involved in the production, consultation and adoption of Development Briefs and Masterplans.
The Local Planning Authority will support high quality design which results in usable, durable, adaptable, sustainable and attractive places.
6.65 New development must aim to ensure that the environment is not exposed to pollution and that it does not impose burdens on natural systems or human health that would be detrimental to their wellbeing. The sections below explore some of the main impacts the Council and other statutory agencies aim to manage. It should be emphasised that the policy that follows is one element of the regulatory process. In order to satisfy some of the policy criteria, assessments, licensing and other arrangements necessary under specific legislation outside the planning system may be required. Applicants are urged to engage in pre-application discussion with planners and environmental protection officers well in advance of submitting any planning application to ensure that all background information is provided in support of the case.
Air Quality
6.66 Air quality in Mendip is generally good with monitoring showing that pollutants do not currently exceed established standards, although the limit is being approached in some areas. There are currently no Air Quality Management Areas where air quality objectives cannot be met. The Council will seek to ensure impacts from localised sources of air pollution are managed and controlled, however traffic pollution remains the main challenge for air quality.
6.67 Supply of water in the district is sourced from groundwater boreholes, reservoirs, local wells and springs. Development in Source Protection Zones or affecting Principal or Secondary aquifers will be required to demonstrate there will be no adverse impact on groundwater.
6.68 New development must ensure that any effects such as increases in sewage effluent discharges can be achieved without detriment to water quality. The operation of this regulation sits within the wider operation of the EU Water Framework Directive whose aim is to prevent deterioration in water status and improve water quality to ‘favourable condition.’ The Infrastructure Delivery Plan that accompanies this plan describes particular constraints in relation to sewage treatment capacity and the need for future investment which will be achieved through upgrades and replacement of water company facilities.
6.69 The operation of sewage treatment works results in some localised nuisance impacts, primarily related to odour. As a result, treatment facilities are generally located at distance from residential areas. Any development proposed within cordons defined by Wessex Water will be subject to consultation with the water companies to ensure that the amenity of existing and future residents is not compromised.
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6.70 Lighting is important within our communities for the purposes of public safety and security. Light sensitive areas include the urban fringe and the wider rural area where more lighting arising from new development can, individually and cumulatively, have a significant impact on local amenity and character. This impact can create nuisance where commercial or other large scale light sources affect domestic amenity. On a larger scale, extensive and unfocused lighting can contribute to an impression of a larger urban extent than actually exists.
6.71 Many villages in Mendip do not have street lighting, which contributes to part of their character, whilst remoter rural areas, particularly the Areas of Outstanding Natural Beauty (AONBs) still also possess dark night skies. Lighting can also have effects on the activities and foraging patterns of nocturnal species, notably bats. Development proposals in a rural setting and especially those in designated Areas of Outstanding Natural Beauty (AONBs), should make all reasonable efforts to minimise noise and light pollution impacts.
6.72 Applicants should first consider whether lighting is absolutely necessary. Where it is, proposals will be assessed to determine whether the lighting proposed is appropriate to the setting, of the right wattage for the purpose, and designed in a fashion to direct light where it is needed. In advising applicants and considering proposals, the Council will apply the guidance prepared by the Institution of Lighting Engineers (‘Notes for the Reduction of Obtrusive Light GN01’) unless there are demonstrable reasons to deviate from these illumination levels.
6.73 Noise is a form of pollution which can give rise to significant adverse impact on health and quality of life. Sources of noise will arise from a whole range of uses ranging from that arising from external play by children at a nursery school, to road noise and industrial processes. Development proposals and uses of land will need to consider likely noise levels arising from and impacting on new activities with the aim of reducing these to a minimum and mitigating against any residual impacts. Consideration of development proposals will take account of all national noise policy, noise action plans and identified land uses nearby. The Council will use planning conditions to ensure noise impacts are managed within standards. Assessment of noise levels and mitigation measures will be considered against the standards in BS414212 and BS823313 as well as any locally adopted guidance.
6.74 Human activity, and in some cases natural processes, can leave land in a state where its use for a particular purpose is compromised. The Council will require appropriate site investigation and this should be undertaken by a competent person, to provide a clear understanding of the nature of ground conditions and risks arising from its composition. Where deemed necessary, appropriate remediation measures will be required to be carried out prior to development with careful validation of that activity to ensure that that the measures taken are properly expedited prior to development and subsequent occupation.
6.75 The potential for contamination should be considered at an early stage. Where contaminants are known or discovered, the Council will require the submission of an appropriate method statement to show how decontamination will be undertaken. Remediation should remove unacceptable risk and make the site suitable for its new use. As a minimum, after remediation, the land should not be capable of being determined as contaminated land under the relevant regulations.
6.76 The policy below states that proposals should minimise all kinds of pollution and where possible seek to reduce emissions and other pollution in order to protect the natural environment. The Council intends to prepare and adopt supplementary guidance to give additional detail on the issues to be considered when examining individual planning applications. The weight given to each criterion will depend on the particular circumstances and relevant pollution control authorities will be consulted as required.
All development proposals should minimise, and where possible reduce, all emissions and other forms of pollution.
6.77 A primary planning consideration is to ensure that development proposals are well located and achieve a suitable connection to the highway or other rights of way that are safe for pedestrians, cyclists and occupants of vehicles. Equally important is the need to ensure that the functioning of the road network is not prejudiced by poor planning which can lead to increased risks in terms of road safety, air pollution and impacts on the ability of non car users (e.g. public transport delays, permeability of routes by walkers and cyclists). As a result, where deemed necessary by the Highway Authority, a Transport Assessment and/or Travel Plan will need to be submitted by developers in support of new development proposals.
6.78 The Chartered Institute of Highways and Transportation’s ‘Manual for Streets’ (2007, 2010) contains guidance on design of streets and roads and encourages a shift of priority away from motorists and towards pedestrians, cyclists and public transport. It makes a distinction between roads and streets – streets should be inclusive for all and attractive places in their own right rather than just corridors for traffic. Developers should have regard to this guidance and seek to create environments that are attractive and encourage travel by modes other than the car. This type of stance also has spin-off benefits for public health because better designed and safer environments will encourage walking and cycling.
6.79 Relevant national planning policy can be found in section 4 of the National Planning Policy Framework. The government encourages local authorities to support a pattern of development which facilitates the use of sustainable modes of transport, where reasonable. It also gives a requirement for Transport Statements/Assessment to accompany large scale development proposals and highlights that for all developments that generate significant amounts of movement Travel Plans will need to be produced.
6.80 Travel Plans will be required in support of development proposals, where appropriate, to demonstrate how the transport impacts of the development will be managed and how sustainable modes of travel will be encouraged (including walking, cycling, the use of public transport and car sharing). There will, however, be circumstances where a site is already served by a range of transport means or, in rural areas, where private car use may be the only realistic alternative. The spatial strategy is based on consolidating most development in places where there are transport choices. The need to consider the use of sustainable forms of transport will therefore not be required for all development proposals. When producing Travel Plans, consideration should be given to Somerset County Council’s Travel Planning Guidance (November 2011).
Useful sources of information |
6.81 In considering proposals, Development Policy 18 also sets out that the Council will facilitate the implementation of sustainable transport routes making use of former railway corridors and, where relevant, encouraging the delivery of new links to encourage travel by walking and cycling.
Highway Safety
6.82 The National Primary and County Routes in Mendip (as shown on the Somerset County Council’s Local Transport Plan and/or Network Management Plan) accord with the routes identified in the local Highway Authority’s (Somerset County Council) route hierarchy. Proposals that involve a new direct access onto these roads outside the designated settlements will not be permitted, in order to avoid any adverse implications for traffic flow and road safety. Exceptions will only be made where the type of development proposed is such that it requires a high order (of route hierarchy) route location, such as road side service stations or freight transfer facilities.
6.83 Access to development that will connect to rural roads carrying relatively high speed traffic should be designed according to the need for drivers and other road users to be able to enter safely into such traffic. The advice and guidance in the ‘Design Manual for Roads and Bridges’ (Department for Transport) will be appropriate in these environments. This is particularly likely to be applicable to developments related to farm diversification or proposals for tourist attractions specific to rural locations.
6.84 The availability of vehicle parking can have a significant effect on people’s choice of transport. Within a predominantly rural area like Mendip, the private vehicle will remain an important transport mode allowing people to access work, services and other needs. Patterns of movement between towns and rural areas, as well as the terrain involved, limit the degree to which walking and cycling can satisfy needs, whilst limited public transport provision is often not convenient or responsive enough to needs.
6.85 On the other hand, providing too much parking can encourage the use of the private vehicle and contribute to the wider issues of congestion, air pollution, disturbance and road safety. The provision of excessive parking, particularly in town centre locations, can also be a wasteful use of land and contribute to localised nuisance.
6.86 Successive government policies have sought to strike a balance between these two conflicting positions by promoting development in locations with choices of transport and providing appropriate investment in public transport, cycleways, bike parks, footpath connectivity and so on, whilst at the same time limiting parking provision within defined standards. Current government policy can be found in section 4 of the National Planning Policy Framework.
6.87 Somerset County Council, in consultation with the district and borough councils in Somerset, has produced countywide parking standards that are aligned with both the latest national guidance and local aspirations. These standards are set out in the Somerset Countywide Parking Strategy which forms part of the Somerset Future Transport Plan (FTP).
6.88 The standards in the Strategy cover both residential and non-residential development. Whilst the level of parking they specify should be provided, they are flexible enough to allow deviation from them where specific local circumstances can be justified. For example, developments in more sustainable locations that are well served by public transport or have good walking and cycling links may be considered appropriate for lower levels of car parking provision.
6.89 The Strategy also recognises that, as different places need different amounts of parking, standards for the towns and rural areas should vary. This is reflected in the zoning framework set out in the document.
6.90 The requirements for car, motorcycle, cycle and blue badge parking are covered in the Strategy. All of these parking types will need to be considered in proposals for new development.
New development will be supported where vehicle parking is proposed which is appropriate to the operational needs of the development.
Standards for specific types of development, whether residential or non-residential, are set out in the latest Somerset Countywide Parking Strategy. Proposals should demonstrate that appropriate parking needs are provided within any given setting that broadly accords with the Strategy.
6.91 This section sets out a group of policies aimed at delivering and maintaining a housing stock which meets the needs of our communities. New development in Mendip has consistently been delivered on target in the last two decades. However, in looking forward the Council, in partnership with house builders, housing associations, landowners and other interests, has ensured that the homes being built better reflect the needs of the local community. More affordable homes, a greater proportion of adaptable housing to meet a range of needs (notably the ageing population), and careful stewardship of the rural housing stock are key policy aims. This section also puts in place a policy to consider site proposals from Gypsies, Travellers and Travelling Showpeople in order that the Council can make decisions rather than relying on planning appeals or legal judgements to force solutions which may not be within the wider community’s best interest.
6.92 Information in sections 2 and 4 of this document have summarised the overwhelming problem facing the district with regard to affordability in the housing market and set out the Council’s intention to maximise affordable housing provision by seeking a contribution to affordable housing from every residential development. This section and the policies that flow from it set out how the Council aims to achieve this.
The Glossary of the National Planning Policy Framework (NPPF) defines what is meant by Affordable Housing. The NPPF specifies that Local Planning Authorities should use their evidence base to ensure the Local Plan meets the full objectively assessed needs for market and affordable housing in their housing market area and in response to this should set policies to deliver affordable housing. However, paragraph 174 expects local authorities to be mindful of development viability over the plan lifetime, understanding the cumulative effects of obligations on overall delivery. |
6.93 As set out in relation to Core Policy 2 the Council will seek to maximise the provision of affordable homes. In considering how the overall level of affordable homes can be increased, the following principles were seen by the Council as central to a future policy approach. These also address in part the principles which national policy puts in place as set out in the adjacent box.
| Number of sites yielding | Affordable Housing Yield at 33.3% from sites of | Total additional Affordable Housing Yield over 6 years | |||||
| 6-8 homes | 9-11 homes | 12-14 homes | 6-8 homes | 9-11 homes | 12-14 homes | ||
| Mendip | 62 | 28 | 16 | 124 | 84 | 64 | 272 |
| Frome | 12 | 7 | 6 | 24 | 21 | 24 | 69 |
| Glastonbury | 9 | 5 | 1 | 18 | 15 | 4 | 37 |
| Shepton Mallet | 5 | 4 | 0 | 10 | 12 | 0 | 22 |
| Street | 7 | 2 | 0 | 14 | 6 | 0 | 20 |
| Wells | 6 | 3 | 2 | 12 | 9 | 8 | 29 |
| Rural Areas | 23 | 7 | 7 | 46 | 21 | 28 | 95 |
6.94 Paragraphs 2.27 and 4.38 have made it clear that the Council cannot hope to meet all arising housing need through the planning of new development but instead must maximise opportunities to deliver. In terms of assessing viability, the Council, in 2009 commissioned an Affordable Housing Viability Assessment which broadly concluded that there was scope for more affordable homes to be secured for development in the medium term but that in the short term, market conditions may limit any gains
6.95 In light of the uncertainties that these positions impose, it is proposed that stepped targets are put in place as detailed below which over the lifetime of the Plan would deliver 2,500 affordable homes.
| Period | Basis | Annual Target or Actual Provision | Total Output |
| 2006-2013 | Historic Development secured under Local Plan policies with lower thresholds and targets | 77 | 541 |
| 2013-2018 | Transitional period when new greater provision secured under emerging policy requirements will see some increase in the output of affordable homes | 100 | 500 |
| 2018-2029 | Accelerated delivery when the new policy approach and land allocations from the Core Strategy and subsequent Site Allocations DPD will begin to deliver new homes | 140 | 1,400 |
TABLE 12: Mendip Local Plan affordable housing targets
6.96 This stepped target will see affordable housing provision over the next five years (2013-2018) account for nearly one quarter of all new homes. This will increase to a level approaching a third in the following ten year period. However, the Council is under no illusion that this increase will not dramatically alter its ability to tackle the number of new households each year that will be classified as being in housing need.
6.97 The additional yield would arise from reduced small site thresholds as discussed above (estimated at 20 per year) and yields well in excess of the previous Local Plan requirement (at 22%) as obligations would increase in line with the approach considered in the following section.
6.98 As considered in the principles discussed above lower thresholds will be important in maximising opportunities for delivering affordable housing across the district. Given the level of need for affordable housing and the nature of supply, provision of affordable housing as part of a development (or an equivalent financial contribution) will be expected from all applications which propose one or more additional dwellings. For clarity, the policy would not apply to replacement dwellings. Any other exceptions to this policy would be set out in a Supplementary Planning Document (SPD) that the Council will produce to assist in the implementation of this policy.
6.99 The default position under this policy is that all developments should make provision on site. Housing Associations have concluded that in practical terms any fewer than two affordable homes on a site will have disproportionate management cost implications. Accepting this, the Council has concluded that schemes delivering 7 or more homes (or 0.25 ha in area) will make on-site provision. It should also be noted that where there are un-met proportions of affordable homes (e.g. 8 dwellings would give a requirement for 2.3 affordable units, a development contribution will be sought to cover the 0.3) to ensure equity between schemes.
6.100 As considered above, the practical difficulties of securing affordable homes on small sites is accepted, however small developments – which make a substantial contribution to total dwelling completions in Mendip - are often more financially viable on account of lower infrastructure costs. In the interests of fairness to developers of larger sites, it is therefore reasonable that smaller schemes make a contribution. As a result, on sites with 6 dwellings or less (or under 0.25 hectares), a financial contribution in lieu of on-site provision will be required. This will be secured through a s106 agreement and used to cross subsidise delivery of other affordable housing schemes. In exceptional circumstances, it may be also appropriate to consider a financial contribution instead of on-site provision on larger sites.
6.101 For schemes on the cusp of the threshold (i.e. 5-10 dwellings), the Council will assess proposals to ensure that land is developed in a comprehensive way and the requirements for on-site provision are not being avoided. It should be noted that the Council, through viability assessment work, is aware that sales values of market properties can be higher where schemes do not include affordable homes and so, in assessing viability, this will be a factor included within the establishment of an appropriate financial contribution.
6.102 Contributions in lieu of development will be calculated on the basis of the formula set out in the housing viability study on a per unit basis. This is based on the financial contribution to the land costs of the relevant dwelling plots that would have been made available for on-site affordable housing. Further information will be set out in supplementary guidance on affordable housing.
6.103 A viability study undertaken in 2012 – representing a period when development values appear most depressed – concludes that the Council is reasonable to establish a general 30% requirement (in terms of gross dwellings) for the provision of proportion of affordable housing whether delivered on site or provided in the form of a commuted sum. This 30% level should be achievable on most development sites during the lifetime of the plan.
6.104 However, the viability study concludes that there are parts of the district where there is scope for a higher proportion of affordable homes (or equivalent value in the form of contributions) to be sought.
Affordable Housing and Community Infrastructure Levy
6.105 Development Policy 19 sets out the Council’s intention to introduce a CIL. Current legislation excludes affordable housing as a type of infrastructure supported through CIL which means that contributions in lieu will be in addition to CIL. This has been taken account of in the viability study. However, the position of affordable housing and CIL is under review and may offer an alternative and more efficient mechanism for contributions from small sites. This will be considered further if legislation is amended.
6.106 The Housing Needs Assessment confirms that the large majority of households are seeking affordable housing for rent with only a limited proportion able to afford intermediate products such as Shared Ownership/Homebuy. In addition, the newly introduced Affordable Rent product is not considered to be a realistic option for most households in housing need in the district. The Council therefore aims to deliver 80% of all new affordable housing in Mendip as Social Rented housing and the remaining 20% as intermediate housing.
6.107 The starting point for negotiations will be to deliver the 80 / 20% tenure split. Variations from this requirement will need to be justified by local circumstances or local needs, for example:
6.108 As set out in the policy, planning permission will be subject to a planning obligation to ensure that the affordable housing is provided and retained for eligible households in perpetuity. There are however mechanisms that exist for tenants to buy out their properties (e.g. Right to Buy, or full buy out of Shared Ownership properties). The planning obligation associated with any scheme will allow for this eventuality but ensure that capital receipts accruing from such sales are reinvested within the district to deliver more affordable homes.
6.109 The Council is mindful that in setting a district-wide target, the characteristics of individual sites and local market conditions can impact on site viability. Where specific viability issues are identified, and evidenced by an applicant in relation to individual development proposals, this will be taken into account when considering that proposal. Where the applicant cannot fulfil the policy requirements set out in this policy (in respect of on-site provision or contributions), the applicant would need to demonstrate that viability is a consideration through the preparation and submission of a financial appraisal. This will usually take the form of a residual valuation making use of a recognised toolkit or financial appraisal model as advised by the Council’s housing officers.
6.110 In subsequent negotiation, the Council will have regard to the financial appraisal to determine whether the development is viable within normal cost and value parameters including any abnormal site conditions, the range of planning obligations sought and a reasonable rate of developer return. The Council will engage a consultant to independently assess the appraisal, the cost of which will be met by the developer. Where this assessment concludes that a proposal is not viable the Council will adopt the following approach:
6.111 The Council is mindful that the housing market is subject to rises and falls in profitability and that this can impinge upon the delivery of housing by house builders or result in under delivery of affordable homes where market conditions have improved since the planning obligation was agreed. If the full policy quota cannot be secured due to market conditions at a particular moment in the economic cycle, the Council will seek other provisions within a planning obligation including phasing, the deferral of affordable housing obligations and reappraisal to allow future viability to be assessed at a later stage.
6.112The Council’s primary aim is to increase the level of affordable housing available to meet the needs of the local resident population. Within the towns this priority will be pursued, but the Council must also ensure that provision is made that supports the ability of local businesses to access a workforce that can help sustain economic prosperity and enables the Council’s statutory housing obligations to be provided.
6.113 The quality and design of all types of housing remains
a key consideration for the Council in appraising development
proposals. Affordable housing should normally be designed to
at least the Homes and Community Agency’s minimum standards.
The Council will also pay particular attention to mixed tenure
proposals to ensure that affordable and market housing units
are not unduly segregated and the approach to both design and
materials should support this policy objective. The Council
accepts that clusters of affordable dwellings units within larger
schemes may be the most effective design and management solution,
but such clusters of affordable dwellings should not usually
be in groups larger than 10 units.
The Council will negotiate the provision of a contribution towards meeting the district’s housing need from all housing proposals.
Where proposals cannot viably deliver (as set out in a detailed financial appraisal to be prepared by the applicant and submitted to the Council) the Council will negotiate on matters of tenure, subsidy design and amount of provision.
A Supplementary Planning Document will be prepared to outline detailed matters related to the implementation of this policy and affordable housing delivery including the calculation of commuted sums and the resolution of viability issues.
6.114 There are particular difficulties in securing an adequate supply of affordable housing for local needs in rural areas as was considered in relation to Core Policies 2 and 4. Despite measures set out in Development Policy 11, there are likely to be few developments, in certain villages, which are of sufficient scale to secure appropriate numbers of affordable homes to meet local needs. As an exception to normal policy therefore, and where it can be demonstrated that a proposed development will meet a particular locally generated need that cannot be accommodated in any other way, the District Council may be prepared to permit small scale residential development adjoining a rural settlement.
6.115 In facilitating the delivery of these schemes, applicants should work with housing associations to secure any public subsidy to support schemes of this nature. As funds permit, the Council will also apportion development contributions secured from small developments under Development Policy 11 to cross subsidise schemes. The use of these funds will be prioritised on an annual basis in line with, for example, overall value for money secured from competing schemes and the level of need that a scheme can satisfy in a given location. It should therefore not be assumed that schemes will automatically gain any financial support from this source of funding. Full details of this regime will be set out in the Affordable Housing Supplementary Planning Document which will be adopted alongside this Local Plan.
6.116 In line with additional criteria set out in the policy below, the Council will work collaboratively with parish councils, developers and landowners to bring forward exception site development that includes open market housing on the same site that cross-subsidises affordable housing to meet specific local needs. The basis for the three additional criteria is as follows:
6.117 In essence, the applicant would need to secure community buy in and demonstrate to the Council’s satisfaction that a mixed tenure scheme was essential to the delivery of the development, so removing the need for public subsidy. It should be emphasised that affordable homes – across tenures able to meet identified local needs - will be expected to make up the overwhelming majority of the total number of dwellings brought forward under such schemes. A full open book financial appraisal will be required to accompany any application.
6.118 Local Occupancy
In rural areas, new affordable housing provision will be sought to provide for the needs of the immediate community or specific employer needs and appropriate occupancy controls would be included in legal agreements to ensure ‘households with a local connection’ in the first instance would be offered the housing. The term ‘households with a local connection’ is defined as those where a member of the household meets one of the following criteria:
6.119 Where no households qualify under these criteria the qualifying criteria will be broadened with homes being let or sold subsequently to those households with a connection to adjoining parishes and, beyond this to those households with a connection to any parish within Mendip. Ultimately, the Council cannot create a situation where properties are kept vacant on account of occupancy controls.
6.120 The NPPF makes it clear that Local Planning Authorities should avoid granting permission for isolated new homes in the countryside. One of the few circumstances where such development may be justified is where accommodation is required to support the operation of an agricultural, forestry or other rural enterprise.
6.121 In most cases, it will be as convenient and more sustainable for such workers to be accommodated in existing dwellings in nearby towns or villages. However, for purposes such as business security and animal welfare, new dwellings will be considered. The Council will scrutinise all applications for new occupational dwellings against the criteria in the policy to ensure this concession is not abused and to prevent speculative development in the countryside.15
6.122 In the case of new enterprises, whether on an existing land holding or a newly created subdivision, the Council will only consider granting consent for a temporary accommodation for a period of three years.
6.123 For established businesses and those with consent for temporary dwellings, applications for permanent rural workers dwellings will be considered where the enterprise is able to demonstrate profitability and a sound financial footing for the foreseeable future in line with the provisions of the policy below.
6.124 Changes in the scale and character of farming or other rural enterprises may affect the long term requirement to retain an occupancy condition. Removal of conditions will be considered on a case by case basis and will need to be supported by documentary evidence. The Council will prepare a guidance note to outline what steps applicants should make to show they have made “reasonable attempts” to make the property available for other rural workers who may be in need of such a property. Consideration will also be given to the capability and suitability of the unit being occupied as a permanent residential unit together with any changes in circumstances which mean the restriction is no longer applicable.
6.125 Consultation informing the Local Plan has picked up an issue, particularly within rural communities, that there is an apparent mismatch between the types of housing which are being built and the need which is evident within the local communities. This policy therefore responds to one of the stated objectives of the strategy.
National Policy Background
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6.126 In terms of the information available there are some clear observable patterns which arise from various social trends which have emerged in the last decade, the current operation of the housing market, as well as the fact that longevity is increasing. For example, in 2001, approximately 28% of households in the district comprised of one person, with half of these single person households consisting of persons who were of pensionable age. Households containing two or three people made up about half of the total number of households. Demographic and household formation data, collected for the West of England Strategic Housing Market Assessment (SHMA) (June 2009), reveals that, by 2028, there will be a significant increase in the number of smaller person households (reflecting in part the ageing population). This will apply to the pattern of occupation in relation to both market and affordable housing.
6.127 The most recent information on housing need within the district can be found in the Council’s Housing Needs Assessment. The table summarises the district wide picture at the beginning of 2012.
| Unit Size | Market Housing | Affordable Housing |
| 1 Bedroom | 5% | 20-25% |
| 2 Bedroom | 30% | 45% |
| 3 Bedroom | 50% | 25% |
| 4 Bedroom | 15% | 5-10% |
3.128 It is important that all persons engaged in or interested in housing development within Mendip appreciate the impact and importance of these statistics, and that this evidence is then used to inform decisions about the types of housing development proposed within the district. It is not the intention of the Council - via this policy - to prescribe absolute targets for specific types and sizes of homes. However, this policy will ensure that in negotiation on particular schemes, the Council will use evidence - whether in the form of the Strategic Housing Market Assessment (including future revisions of it), or local needs assessments (and the local housing register in the case of affordable housing schemes) - to argue for the securing of housing schemes with a mix of dwelling types that better reflects need in the local market. In accordance with the evidence identified above the emphasis will, however, be on seeking the provision of smaller units - particularly two or three bedrooms - that can provide flexibility in accommodating single persons, couples or small families.
Other sources of information
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6.129 In addition to unit size, unit type is equally important. Flats have a place in response to certain needs and may be suited to particular locations. However, their flexibility is limited when addressing the needs of young families and older age groups. Traditional housing will remain in greatest demand. In addition, the ageing population will increasingly generate particular housing requirements, specifically for units capable of adaptation, sheltered homes and, beyond this, homes with a greater emphasis on in-house care. Every scheme will be different and components of individual development proposals must necessarily be balanced against specific site characteristics, design issues and, where appropriate, viability considerations.
6.130 Similarly, there is a growing demand for people to build their own home either as a cost effective way of securing accommodation or to achieve individually designed properties.
6.131 There are numerous models emerging for the delivery of self build homes ranging from individually designed and built properties to contractor built homes to custom built developer-led schemes to the provision of affordable self build housing through arrangements such as co-operatives and community land trusts. The Government is currently intending to consult on options for increasing the supply of housing through self build schemes. In the meantime, the Council will support the construction of self build schemes where appropriate and will keep under review how to provide appropriate support for such development.
Proposals for residential development should provide an appropriate mix of dwelling types and sizes. This mix should reflect identified local need in Mendip (both within the district as a whole and within identified sub-market housing areas) - including for small family sized units and housing suitable for older people - as set out in the Strategic Housing Market Assessment and other local evidence, particularly Local Housing Needs Assessments in rural communities.
Subject to viability, this requirement will apply to both market and affordable housing, and in the case of the latter, will also have regard to the Council’s Housing Waiting List.
Proposals for care homes or similar specialist accommodation that meet an identified local need will be permitted in accordance with the Plan’s overall spatial strategy. Exceptionally, permission for such accommodation outside development limits will be granted where there is clear justification having regard to the need for the facility and evidence of the unsuitability and/or unavailability of alternative sites within named settlements. All such development should be accessible and be proportionate in scale to the locality. Any ancillary facilities provided as part of the development should complement locally available amenities and, where possible, be made available to the wider community.
6.132 Mendip is an area of considerable importance for the travelling community, primarily due to its geographic location and the large number of festivals that take place within its boundaries.
6.133 An updated Gypsy and Traveller Accommodation Assessment (September 2013) has been prepared for the five local authorities in Somerset. This identified the need for:
National Policy Background
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6.134 To meet the need for additional pitches in Mendip sufficient sites will be allocated through the Local Plan Part II - Site Allocations document.
6.135 The criteria set out in the policy below will be used to:
6.136 The criteria, for convenience, restate the main expectations set out in other policies of this plan. To satisfy Habitat Regulations Assessment requirements, the final criteria seeks to ensure that site selection is mindful of impacts on Natura 2000 sites including proximity impacts on habitats, such as semi dry grasslands and scrubland and lime-maple woodlands, which are also sensitive to recreational pressure in combination with other policies in the Local Plan.
6.137 Although it is recognised that sites for Travelling Showpeople require greater storage and maintenance space for associated equipment, the same criteria will need to be met by all groups regarding accommodation provision. Further guidance on site specific issues is set out in Designing Gypsy and Traveller Sites published by the Department for Communities and Local Government.
6.138 This section sets out how the Council will ensure that new development makes contributions towards infrastructure needs that will arise in light of growth. In the towns, the Core Policies set out in section 5 of this document itemise the larger scale community infrastructure needs and in due course, when the Council considers development needs in rural communities a similar exercise will be undertaken. Other needs will arise and the Council will plan for these.
6.139 Policies in this section also address premises accommodating existing facilities and services to ensure they are not lost without proper consideration of the potential for re-investment in them or that alternative uses or functions have been fully explored.
6.140 Open spaces are important parts of our everyday community infrastructure offering a range of social, environmental and health benefits as well as making areas more physically and aesthetically attractive. Creating, protecting and enhancing these spaces is a vital part of making neighbourhoods more attractive and more enjoyable places in which to live.
6.141 The term ‘open space’ can incorporate many different types of areas, ranging from formal recreation spaces like sports pitches and play areas; civic spaces like parks and ornamental gardens; functional areas like allotments, cemeteries and churchyards; linear routes such as footpaths, cycle paths, and river corridors; as well as incidental spaces like railway embankments, verges and landscaped areas within developments. Open space is normally considered to be public space.
National Planning Policy Framework (NPPF) states that it is necessary for Local Planning Authorities to outline in their policies how they will provide for new open space of a variety of types, including space for wildlife, to meet a range of needs. Open Space is important to health and wellbeing and a critical part of sustainable communities. Planning for maintenance of green networks or green infrastructure also needs to be covered which includes collective management of spaces in an area involving specific safeguarding and good maintenance. |
6.142 In the past, spaces have been looked at on a more individual basis, being owned and managed for specific purposes. However, for a range of reasons this has resulted in some of our spaces, like school playing fields and incidental spaces being lost without appreciation for their wider benefits. These spaces can double as space for wildlife, natural drainage, noise amelioration (where trees are also present) as well as providing opportunities for parts of the education curriculum to be delivered outside of the classroom. In river corridors, informal recreation can be delivered whilst maintaining flood storage areas. Through appreciation and active management of our green infrastructure we can improve the use of what is available in our communities and ensure that new development makes well considered additions to our open space stock. Green infrastructure also encompasses the protection, enhancement and creation of priority UK BAP habitats such as ancient and native woodland
6.143 The District Council will be encouraging the development of Green Infrastructure Strategies in each of the five towns in order to encourage a co-ordinated approach to effective open space provision and management. These strategies will allow communities to get involved in highlighting ‘spaces of local importance’ that may need protection under the provisions set out in relation to Development Policy 2, along with open spaces that could be improved and what improvements might be most effective. New potential areas for open space provision could also be indicated through these strategies. These strategies will identify specific open space priorities and provide a basis for the expenditure of development contributions collected. In rural areas parish councils will be encouraged to prepare their own strategies, more akin to management plans, to help inform how development contributions will be spent.
6.144 The Green Infrastructure Strategies will be used to inform whether on-site provision of open space is appropriate as part of a development, or whether a financial contribution to be used to provide a larger area off-site, or improve the quality of existing open spaces within the settlement, would be more appropriate. This should ensure that good quality spaces are provided for communities in the most appropriate locations to ensure the best usage of them. In addition, the Council will also make strategic provision through dedicated land allocations as informed by the proposed Green Infrastructure Strategies.
6.145 New development brings new demands for open space as pressure on existing areas grows. The National Playing Fields Association’s long-standing standard of 2.4ha of new space per additional 1,000 people will remain the benchmark level of new provision sought within Mendip.
6.146 Information concerning the levels of new provision required place by place is set out in the Mendip Open Space Study and the Open Space Technical Paper and will also be informed by the Green Infrastructure Strategies for each town when they are produced.
6.147 Work done as part of the Habitats Regulations Assessments has highlighted that it is expected that there will be increased recreational pressures resulting from a rise in the district’s population on sensitive habitats and species within protected areas. Therefore there is a need for ‘wild’ or ‘natural areas’ that are open to the public and accessible from urban areas where people have an opportunity to interact with wildlife, walk the dog and where people can play informally. The health and social benefits of such access are well documented. Assessment and provision of accessible natural greenspace, to Natural England’s criteria set out in ‘Nature Nearby: Accessible Natural Greenspace Guidance’, should be included with every development of over 25 dwellings to help offset potential impacts on Natura 2000 sites. Supplementary Planning Guidance will be prepared by the Council with more detailed information on how developments will be expected to contribute to open space and greenspace provision along with an assessment of existing accessible natural greenspace provision. This guidance will make links to the Green Infrastructure Strategies for the five towns discussed in the previous section.
6.148 The Council’s default position is that playing fields and other public open spaces are safeguarded from development. However, opportunities and circumstances sometimes arise where development proposals do seek to make use of public open spaces and the wider community benefits may be worthwhile. In such circumstances, the Council will ensure that the overall estate of public open space is not diminished to a level where local standards are not met, or in a manner that means the accessibility of varied types of open space to the local community falls short of play strategy standards.
6.149 The open spaces of which the Council is aware are shown on the Policies Map. Development Policy 16 will also apply to new spaces that come forward.
6.150 The Council wishes to ensure that future development within the district is sustainable. This means that, as much as possible, people should be able to access the services and facilities they require, as close to home as possible. If this objective is achieved, it will avoid an increase in the need for people to travel. The loss of services can threaten the viability and vitality of rural communities, and severely affect some groups such as the low paid, young, elderly and those without a car, thereby increasing rural isolation.
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6.151 The main driver for this policy is to limit rural isolation within Mendip’s rural area by, as far as is possible, retaining services and facilities within the villages. However, this is equally applicable in an urban setting where local community facilities also serve neighbourhoods and contribute to creating a sense of community. Development values within the district are such that significant gains can be made from the re-use of such properties without regard to their wider community benefit.
6.152 Services and facilities can be broadly divided into two categories. There are those services which are provided such as schools and doctors surgeries that are essentially of a non-commercial nature. This policy is attempting to ensure that where there is still a recognised need for that service within a village, it should not be permitted to be lost to another use unless the equivalent provision is made within the same locality. The second category is those facilities of a commercial nature such as village shops and pubs. Due to changing consumer patterns over the past few decades many of these have been lost from Mendip’s villages. The intention of this policy is to retain facilities such as these within villages where they are considered to still be viable enterprises.
6.153 Where it can be reasonably demonstrated that a facility is not viable for its current or an alternative community use, change of use or redevelopment will be permitted. The Council will prepare a guidance note to outline what steps applicants should make to show they have made “reasonable attempts” to improve viability or make the premises available for an alternative community use.
Development proposals that would result in the loss of sites or premises currently or last used for local facilities and services will not be permitted unless:
6.154 The likely availability and use of public transport is a very important element in reducing the need for travel by car. The availability of safe, coherent and easy to use footpaths and cycle routes can also have a significant impact on people’s choice of transport mode.
6.155 To this end, national policy encourages local plans to protect and exploit opportunities to deliver sustainable transport, including the re-opening of rail lines. Former railway land can also be used to provide multi-user paths for activities such as walking and cycling (sometimes as an interim measure prior to the introduction of rail services).
6.156 For a considerable period the County and District Councils have engaged local stakeholders about making best use of former railway routes and a number of proposals remain realistic and deliverable. The Frome to Radstock route has seen partial investment to deliver a multi user path, community groups and Sustrans are committed to delivering the Strawberry Line route running from Cheddar to Wells and then onwards to Shepton Mallet. Whilst aspirational in the current climate, there remains the possibility of Shepton Mallet seeing a reinstatement of its position on the railway network making use of the active mineral line which extends as far as Cranmore. Other former railway corridors present opportunities although there are no current firm plans.
6.157 Whilst it can be argued that the Local Plan process is concerned with promoting certainty and delivery through the planning process leaving no room for such schemes, the Council, supported by the Highway Authority, believes that to allow the incremental compromise of these routes is to take a very short term view and puts barriers in the way of future opportunities to deliver these routes for more sustainable patterns of movement.
6.158 This policy also seeks to safeguard opportunities for transport related development at the district’s only railway station at Frome. Land exists adjacent the station, including former sidings which provide an opportunity to deliver a more comprehensive travel interchange.
6.159 On a broader level, the Council will seek to facilitate the delivery of sustainable access networks to encourage walking and cycling, particularly within and radiating from the towns. A number of routes featured in the previous Local Plan are shown on the Policies Map and others may be identified in the Site Allocations process.
Railway Land
Former railway land will be protected from development that would be prejudicial to the re-use of railway, or other sustainable transport links and facilities, in the following locations (as identified on the Policies Map):
Land for Multi-User Paths
Land will be safeguarded from development which would prejudice the construction or potential function, convenience or attractiveness of a cycle and/or pedestrian and/or other appropriate path along the alignments shown on the Policies Map. Where it is decided to permit development which cannot be sited or designed to avoid an adverse effect on a safeguarded alignment, the developer will be required to make satisfactory alternative provision.
6.160 The role of the planning system is to balance up competing interests and where impacts have to be accepted, measures can be taken to minimise those impacts and where possible mitigate against their effects.
6.161 Much of the focus in recent decades has been on mitigating the effects of individual development through Section 106 Agreements. Section 106 agreements are so named after Section 106 of the 1990 Town and Country Planning Act and are legal tools which record and require signatories to undertake a course of action which is linked to the granting of a planning permission. For example, compensatory land, additional works or money is secured from a developer to address a development impact. Whilst Section 106 agreements can be effective in dealing with clear issues affecting a site and its immediate surroundings, their use to address impacts that may be cumulative in nature, or compensatory measures remote from the development site have been open to question. Furthermore the costs of administering agreements has meant that small development schemes make little or no contribution, whilst bigger strategic developments can seem overburdened.
6.162 During this same period, public funding for key infrastructure has, generally speaking, declined. There is less money available to, for example, fund and improve the quality of schools, provide and run community facilities or reroute flows of traffic which existing roads were never designed to cope with. Quite fairly, communities question how local services and facilities will cope with new development.
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Towards a Community Infrastructure Levy (CIL)
6.163 Since 2007, successive governments have been promoting the introduction of what is called a Community Infrastructure Levy or CIL which is intended to address the matters considered above. As a mechanism, it will mean that all forms of development covered by the CIL will pay a one-off per square metre charge following the granting of planning permission. So, an application for, say, a single dwelling will make a contribution, pro rata, equal to a scheme for 100 houses. This funding will then be built up by the Council to fund local infrastructure. For developers, there should be more certainty as to what they will be expected to contribute, thus speeding up the development process, and that the money raised from developer contributions should be spent in a way that developers will feel worthwhile - namely on infrastructure to support development set out in this Local Plan.
6.164 The list of local infrastructure that will be funded in Mendip district is set out in the Infrastructure Delivery Plan which accompanies this plan and will be updated during its lifetime. The list of infrastructure is informed by the views of statutory providers such as the education and highway authorities, water companies, the health authority and also by local communities in respect of social and community facilities. Some of this infrastructure will be funded through existing sources of money (e.g. water companies will use water bills to upgrade their facilities) but a great deal of it will not. CIL offers a funding stream, alongside, for example, lottery, government or other charitable sources, that can be used to deliver key infrastructure that is necessary to deliver alongside new development which will maintain and improve the quality of life in communities. However, whilst CIL is a new funding stream it will not be able to fund all the infrastructure needs in the Infrastructure Delivery Plan and so priorities have to be established.
Following the adoption of this Plan, the Council will prepare what is called a Community Infrastructure Levy Charging Schedule which will determine the gap in funding available from other sources which is needed to fund the list of local infrastructure. From here the Council can set a per square metre charge to be levied on development. In setting the charge, which can vary across uses such as housing, retail, employment and so on, the Council must be mindful of development viability. Set the charge too high and nothing will be built and no CIL will be gathered. Having established an appropriate and viable level of CIL the Council, with the relevant infrastructure providers, will need to understand the likely annual income from CIL and make decisions about what is funded and in what order of priority. |
What do we mean by Infrastructure?
6.165 The government has been keen to make sure that the term infrastructure is not unduly constrained in order that CIL money can be used to fund a whole range of projects from new sewers to playgrounds. However, the list of infrastructure needs in a given area will depend upon what is needed to support new homes, businesses and other land uses. The use of CIL must be justified and to enable transparency for developers and communities the Council will publish a schedule detailing which types of infrastructure will be funded from CIL (known as a s123 list). It will also set out an annual statement accounting for the CIL income and its expenditure in line with the priorities set out in the Infrastructure Delivery Plan.
Site Specific Effects
6.166 CIL will enable councils to more fairly and effectively deal with the cumulative effects of development on the area and enable essential and priority infrastructure to be delivered. However, where a specific development site imposes a particular impact that needs to be mitigated, Section 106 legal agreements will still be needed. The government has made it clear that after 1st April 2015, Section 106 agreements will be limited in scope to address those impacts which are ‘directly relevant and related to the site’ – far more tightly than the manner in which that phrase is currently applied.
6.167 The policy below therefore sets out the Council’s approach to securing development contributions outside of the CIL arrangements which the Council will be aiming to implement in due course.
The Council will support the delivery of local infrastructure in line with new development and mitigate or compensate for the effects that new development may have:
The timing and detail of all contributions will be carefully considered in order to ensure that appropriate infrastructure or mitigation measures are delivered and put in place before the development is completed and/or occupied.
The timing and detail of all contributions will be carefully considered in order to ensure that appropriate infrastructure or mitigation measures are delivered and put in place before the development is completed and/or occupied.
6.168 Core Policies 3 and 4 as well as the Town Strategies in section 5 set out a positive local policy framework to encourage business investment and job creation in the district. However, in certain circumstances the Council needs to put in place policies to manage change to ensure that economic vitality is maintained and that patterns of development provide a range of opportunities for business in all parts of the area.
6.169 Between 1991 and 2006 around 10 hectares of net additional employment land (within B class uses) was developed within the five Mendip Towns. This has made a positive contribution to extending the range of business and employment opportunities in the district. However, this net figure hides the fact that during the same period some 23 hectares of existing employment land was lost.
6170 There is no doubt that the changing nature of the local economy – largely through the loss of manufacturing and an increase in levels of employment within the service sector– has resulted in some surplus land requirements. This surplus land, in each of the Mendip towns, has created the potential for other forms of development, notably housing, to be delivered without the need for excessive new greenfield expansion. Furthermore, higher land values associated with residential development have made significant contributions towards the costs of carrying out necessary works for remediation of areas of contaminated land and have helped to limit the presence of eyesore derelict sites and decaying buildings.
National Planning Policy is set out in the National Planning Policy Framework which seeks to encourage a strong, competitive economy. Its Core Planning Principles prioritise the reuse of brownfield sites for development which is supported by the Council. It also states that councils should not seek to impose long term protection policies for sites where there is little prospect of their use for this purpose and where land could be put to better use. |
6.171 The redevelopment of former employment sites has therefore given rise to positive effects, improving quality of life in some adjacent residential areas. However, this ongoing urban change is also resulting in less desirable effects which were raised strongly during consultation.
6.172 First, speculative housing developments have, in a number of cases, precipitated the loss of a number of areas of viable employment land which could be used for other employment generating uses. National policy in recent times, considered as part of appeals on local proposals has been seen to afford greater weight to the delivery of housing rather than the maintenance of a range of employment uses. Given the strong level of small business creation and self employment in Mendip it is important that there is a stock of available middle and lower end market premises to enable these types of activity to emerge and grow.
6.173 Secondly, the loss of employment sites within or close to settlements is eroding the inherent sustainability of these settlements by creating separation between employment and housing uses, which gives rise to an increase in the need to travel, typically through the use of the private car. In turn, this trend is increasing the potential for peak time congestion on key routes and with this comes negative impacts on people living in these areas. In terms of balance, there is recognition that some employment sites within predominantly residential areas cause their own negative impacts. However, given the nature of modern employment, not being confined to factories, warehouses and workshops, there is no reason why former employment sites cannot be reused in part to provide jobs, and even at levels of the former user, as part of well planned mixed use development.
6.174 Hence, in order to maintain a wide range of activity and economic productivity within, rather than at the peripheries of the Mendip towns, the Council will consider proposals for the redevelopment of sites currently or last used for employment having regard to the following policy.
Proposals for the development of land or buildings previously or currently used for, or currently allocated for, activities falling within Use Classes B1, B2 or B8 will be supported where it can be demonstrated that:
In determining any application for planning permission for such a proposal, the Council will balance the application of this policy against the need to secure wider regeneration objectives in that area and the need to overcome any local environmental impacts (including those related to transport) of employment uses in the vicinity of the site concerned as considered under Development Policies 8 and 9 of this Local Plan.
6.175 Town Centres are attractive places to visit and do business because of their concentrations of retail, hospitality, service and cultural activity. Town centres also perform many other functions. The convenience for customers, employees and visitors of having all these activities in one place means that single trips can satisfy a range of needs whether that trip is made by foot, car or public transport. The Town Strategies set out in previous sections outline specific proposals and measures in each centre to maintain and enhance their roles throughout this plan period.
6.176 The principal role for planning policy at a local level is to effectively manage existing centres. Design and character is a matter that can be managed using policies set out elsewhere in Development Policies 1 and 7 drawing on the overall approach set out in the Town Strategies as well as any other considerations that are material. The only remaining area where policy is appropriate is managing the mix of uses present. In order to do this the Council, again taking policy cues from the National Planning Policy Framework, has defined areas and frontages within and around the centres of the Mendip towns which can be used to manage development. The extents of these areas are set out on the Policies Map. The purpose of the defined areas is set out below.
The National
Planning Policy Framework provides the main
policy basis to consider new town centre development.
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6.177 The following policy sets out how the Council will manage uses in these defined areas.
The vibrancy of town centre uses will be maintained and enhanced:
6.178 The rural economy has seen significant change over a long period and this will continue into the foreseeable future. Agricultural change has been the most marked with mechanisation, modernisation and production scale requiring different types of built structures to support production. Other rural activities, land based or otherwise, have also had to respond to change and collectively these trends are leaving a stock of redundant buildings in the countryside.
6.179 The Spatial Strategy of Mendip’s Local Plan is broadly trying to consolidate development in locations which provide good access to jobs, services and a range of other amenities in order that any growth in car use is minimised as far as possible. However, whilst encouraging the pursuit of this objective, it is acknowledged that development in more dispersed locations will still be necessary, not least to assist in the stimulation of a revival in economic activity. To this end, national planning policy supports rural and agricultural diversification where it does not impose negative environmental impacts.
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6.180 Redundant rural buildings represent a resource that can help deliver diversification of the rural economy as well as increase employment opportunities, supplementing new build development in larger villages as proposed in Core Policy 4.
6.181 Economic reuse can include commercial, industrial and other employment development, tourism (including holiday accommodation), sport, recreation and community uses. Residential re-use may also be appropriate where it would lead to an enhancement to the immediate setting. Not all buildings in the rural area will be suitable for reuse. Those that are considered to be incapable of adaptation without substantial reconstruction, or which are regarded as being of a scale which would promote use inappropriate to the location, or whose reuse (including associated development) would result in or contribute to an incongruous effect upon the landscape character of the wider area are examples of proposals which would normally be resisted.
6.182 Further to the provisions of Development Policy 6, developers will need to provide full surveys and any mitigation details with the application so that Mendip District Council can fulfil its obligations in assessing the ‘Favourable Conservation Status’ of European Protected Species under the Habitats Regulations 2010. The adaptation or conversion of rural buildings will only be permitted where bat roosts are retained or designed into the converted building to at least the minimum environmental conditions to support a roost that was present previously. External conditions such as connecting vegetation should also be retained or re-planted.
6.183 Managing flood risk is a significant consideration in making development allocations in this Local Plan Part I and subsequent site allocation documents. Flooding is an issue with varying levels of severity across the district and large expanses of floodplain exist on and around the Somerset Levels and Moors. The Mendip Strategic Flood Risk Assessment (SFRA) indicates that significant flooding is mainly caused by overtopping of river banks whilst less severe flooding is predominantly from surface water run-off and blockages of drains and culverts. Other sources of flooding such as groundwater or tidal impacts are less significant. Approximately 6% of properties within the district are located in areas at risk of flooding or within a short distance of known flooding incidents.
6.184 National policy is that development should be directed to Flood Zone 1 (the area of lowest risk) wherever possible and then sequentially to Flood Zones 2 and 3. The Council will expect development proposals to comply with the policies in the NPPF and supporting practice guidance. Where proposals require flooding or drainage infrastructure to be provided as part of the development, this will be sought in accordance with Development Policy 19. It is expected that flooding and drainage infrastructure should be addressed as part of the masterplanning work on key sites and future growth areas identified in this Plan.
6.185 All development proposals should refer to the latest available information on flood risk (from rivers or surface water flooding) provided on the Environment Agency website. Proposals should also take into account any local standing advice produced by the Environment Agency. This will be used by the Council to assess the need for a specific Flood Risk Assessment. Early engagement with the Environment Agency is encouraged where flood risk is identified. A Flood Risk Assessment should demonstrate that all sources of flood risk have been considered (e.g. relevant evidence from recent flood events and locations identified in the SFRA; account has been taken of future climate change as set out in the NPPF; and appropriate measures have been incorporated into the proposal to reduce flood impacts elsewhere.
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© Crown copyright and database rights 2014 Ordnance Survey 100019309. Additional Information © Mendip District Council.
FIGURE 7:
Indicative map of areas within Mendip District classified as lying within a designated Floodzone (zones 2 and 3)
(Source: Environment Agency flood mapping, 2012)
6.186 On the Somerset Levels & Moors, activity exists in the knowledge that flooding remains a threat. New development is therefore strongly resisted for this reason. Following recent flood events on the Somerset Levels, an action plan has been produced by the Somerset County Council and DEFRA which commits to developing a strategy on how flood risk can be managed sustainably on the Levels and Moors over the next 20 years. This will be taken into account in any development proposals in this area.
6.187 Groundwater is an important resource in the district and needs to be protected both in terms of quantity and quality. The Environment Agency has defined a number of Groundwater Protection Zones and these are protected by the Agency’s Groundwater Protection Policy. Development proposals falling within these areas will be required to demonstrate no adverse effects on groundwater in accordance with Development Policy 8.
12 BS4142, British Standard BS4142:1997: "Assessment of Industrial Noise in Mixed Industrial and Residential Areas", BSI
13 BS8233, British Standard BS8233:1999: "Sound Insulation and Noise Reduction for Buildings - Code of Practice", BSI.
14 Based on information at 31/3/2009
15 Applicants will need to justify that all options within a suitable search area have been explored and that flood risk implications have been taken into account, particularly in the Somerset Levels
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