City of Derby Local Plan Review



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Chapter 3
GENERAL DEVELOPMENT

Introduction
3.1	The policies in this chapter set out general criteria against which applications for planning permission will be considered. They cover a range of issues such as social inclusion, amenity, infrastructure and implementation.
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	GD1	Social Inclusion
	The City Council will seek to ensure that development proposals help to meet the objective of promoting social inclusion and reduce the effects of exclusion, such as poverty, ill-health and disability. It will seek to ensure a mix of housing types and tenures in all areas.
	The Council will require that, whenever possible, development proposals by virtue of their location and physical features meet the highest standards of accessibility and inclusion so that all potential users, regardless of disability, age or gender can use them safely and easily.
	Within larger buildings open to the public, the Council will seek to ensure the provision of facilities for the care of young children such as baby feeding areas, suitably designed toilets, childcare facilities, pram parks and luggage stores.

3.2	Ensuring an adequate supply of housing, including housing to meet affordable and special needs, is a key way that the Local Plan can contribute to the wider objectives of promoting social inclusion. The planning process can also contribute by giving weight to the extent to which new development proposals will address factors such as poverty, ill-health and disability. In buildings where large numbers of people are likely to gather, these objectives can be achieved by securing facilities to help disabled people and others with special needs, including young children. This policy is intended to complement rather than duplicate the provisions of the Building Regulations.
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	GD2	Protection of the Environment
	Development should protect, and where possible enhance, the City’s environment, its natural resources and its built heritage. Full regard will be paid to the need to protect and enhance landscape character, local distinctiveness and community identity. Existing landscape features such as woodland areas, trees, hedgerows, ponds and buildings of interest should be retained where possible and incorporated into the overall design.

3.3	Conservation of the City’s natural and built heritage is a key objective in its own right. These resources are usually finite and impossible to replace. They are often vulnerable to pressures for change or development. Where the heritage feature is not so important as to justify refusing any form of development, careful design can still ensure its maintenance. Careful protection of heritage features and sensitive design to integrate them into new development will contribute to an urban renaissance by making the urban environment more attractive.
3.4	Paragraph 25 of PPS7 (Sustainable Development in Rural Areas) acknowledges that areas of landscape outside nationally designated areas can be highly valued locally. It goes on to recognise that criteria based policies, and the use of tools such as landscape character assessments, can provide sufficient protection for such areas. This advice is reflected in Policy 30 of the Regional Spatial Strategy for the East Midlands (RSS 8). Environment Policy 1 (Landscape Character) of the Joint Structure Plan seeks to prevent development that would have an unacceptable effect on landscape character and diversity. Where development is permitted, it encourages opportunities, as appropriate, to conserve, enhance and restore the local distinctiveness, character and diversity of the landscape. In considering development proposals that might affect areas of landscape value, the Council will use landscape character assessments such as the ‘Landscape Character of Derbyshire’ document prepared by Derbyshire County Council.
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	GD3	Flood Protection
	Except where satisfactory compensatory measures are provided to off-set any potential adverse effects of development on the water environment and associated lands, planning permission will not be granted for development which:
	a.	lies within undefended areas at risk of flooding;
	b.	would create or exacerbate flooding elsewhere;
	c.	results in the loss of natural floodplain;
	d.	would impede access to a watercourse for maintenance or flood defence purposes;
	e.	does not provide for the adequate management of surface run-off using sustainable drainage principles, unless it can be demonstrated that their use is inappropriate.

3.5	PPG25 advises that the planning system should ensure that new development is safe, is not exposed to unnecessary flooding risk and does not contribute to increased flood risk. This policy aims to protect important floodplain areas. These may be areas which are subject to a serious risk of flooding. They may also be areas where development would increase the risk of flooding elsewhere by reducing the storage capacity of washlands and/or by impeding the flow of floodwater. Planning permission will only be granted in these areas where the City Council, as advised by the Environment Agency, is satisfied that compensating measures will fully mitigate potential flood problems. To assist in guiding decisions the Environment Agency have prepared Indicative Flood Plain Maps and these will be used to assist in decision making in these areas.
3.6	The Environment Agency has developed and implemented a flood defence strategy for the complete length of the River Derwent through the City. Protection against flooding more frequently than the one in 100 years risk depends on the retention of the existing flood plain and the protection and maintenance of flood defences. It is likely that only development of a very modest nature would be appropriate within this flood plain. Applications affecting these areas should be accompanied by an assessment of the potential impact of the development on the flood plain and on the flood defence strategy. Any mitigation measures must be environmentally sensitive and seek to work with the ecosystem.
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	GD4	Design and the Urban Environment
	The City Council will only permit development which makes a positive contribution to good urban design. Proposals should meet the following objectives:
	a.	Preserve or enhance local distinctiveness and take account of any topographical or other features;
	b.	The proposal should respect the urban grain of the surrounding area in terms of its scale, layout, density, height, massing, architectural style and building types, materials and landscaping;
	c.	Provide a road network designed to reduce the speed of traffic, traffic congestion and encourage safe pedestrian and cycle movements both within the site and into and out of it;
	d.	Facilitate journeys made by foot, cycle and public transport rather than by private car;
	e.	Create an attractive environment, including open spaces which in larger schemes link together to create an area with a clear identity and structure.
	Development proposals for significant or sensitive sites should be accompanied by a design statement.

3.7	High quality urban design is essential to achieving an urban renaissance. This policy aims to ensure that new development is of a high quality and will contribute to an urban renaissance by making urban living more desirable. Urban grain describes the pattern of streets and buildings and the mix of building types and uses within them. It describes different urban characters and is determined by a number of factors such as those set out in criterion b that contribute to the overall sense of ‘feel’ for an area. Whilst there may be opportunities to actually improve poor quality environments, new development should respect the character and distinctiveness of existing areas, especially where these are historically or architecturally important. The Council also believes that successful design solutions can encourage a choice of transport modes and therefore contribute to sustainability objectives. It will, for instance, expect new developments to be designed to encourage greater use of non-car based transport. This could include careful design of layouts and ensuring that higher density schemes make adequate provision for secure cycle parking.
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	GD5	Amenity
	Planning permission will only be granted for development where it provides a satisfactory level of amenity within the site or building itself and provided it would not cause unacceptable harm to the amenity of nearby areas. In considering harm, the Council will consider the following:
	a.	Loss of privacy;
	b.	Overbearing (massing) effect;
	c.	Loss of sunlight and daylight;
	d.	Noise, vibration, smells, fumes, smoke, soot, ash, dust or grit;
	e.	Air, water, noise and light pollution;
	f.	Hazardous substances and industrial processes;
	g.	Traffic generation, access and car parking.

3.8	It is a well established planning principle that new development should not seriously detract from the amenity of nearby land, property or the occupants of these. The point at which new development will unacceptably affect nearby areas will depend on the nature of the activity proposed and the nature of the surrounding area. The policy is intended to protect both residential amenity and the amenity of other activities such as businesses. It is also intended to protect the amenity of areas, such as Conservation Areas, where a high level of amenity forms an integral part of its overall character. It is also good planning practice to ensure new development provides satisfactory levels of amenity within the site, although this will of course need to be considered with regard to the nature of the operation and use.
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	GD6	Safeguarding Development Potential
	Planning permission will only be granted for development provided it does not prejudice the development potential of any land with planning permission or land allocated for development in this Local Plan or a Local Plan of an adjacent local planning authority. In particular, the Council will ensure that:
	a.	The nature and scale of development is fully compatible with other development planned in the vicinity;
	b.	Access opportunities are protected;
	c.	The infrastructure provided as part of a new development is capable of linkage to infrastructure required for the development of adjoining land.

3.9	The purpose of this policy is to protect the development potential of suitably located land so that additional pressures are not placed on land in sensitive locations, for example green wedges. It is intended to apply to development likely to affect all land use allocations in local plans or sites with planning permission whether they are within the City itself or on land adjoining the City boundary within another authority.
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	GD7	Comprehensive Development
	Planning permission will only be granted where a comprehensive and co-ordinated approach to development can be demonstrated. In particular the City Council will seek to ensure that the density, layout and design of roads, buildings and open space is comprehensively phased and implemented within identified development sites.
	The Council will also seek to ensure that timescales for providing necessary infrastructure are closely related to needs generated by the development and its occupants.

3.10	This policy is intended to ensure that a comprehensive approach is taken to development, seeking a greater integration of land use and transport both on and around sites. Developers, when submitting a planning application for part of a site, should demonstrate that the proposal would not prejudice the comprehensive development of the site as a whole in accordance with the Plan’s objectives. This should mean developers liaising with each other to achieve a comprehensive form of development. Where this is not practical, developers will need to demonstrate how the proposal meets the Plan’s objectives for the site by indicating, for example, through a master plan, how the different parts of the development relate to each other.
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	GD8	Infrastructure
	New development will make provision for necessary and appropriate infrastructure directly related to the development proposed, including pedestrian, cycle and public transport facilities and services, traffic management measures, road improvements, water, sewerage and surface water drainage, recycling facilities; and other utilities and social infrastructure such as primary and secondary schools, health and community facilities, including public space, sport and recreation. This will include both on-site requirements related to the proposed use and to off-site requirements needed to avoid placing additional burdens on the existing community. Where appropriate, developer contributions will be pooled to allow infrastructure to be funded in a fair and equitable way.

3.11	The provision of infrastructure is identified in PPS 12 ( Local Development Frameworks) as an important component of all major new developments. In drawing up proposals for this Plan, the Council has had regard to existing and planned infrastructure. However, specific infrastructure improvements likely to be required to enable a development scheme need to be assessed as part of the planning application process. This is particularly relevant for utilities based infrastructure such as gas, electricity or water supply. It will also be true of smaller scale road or junction improvements.
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	GD9	Implementation
	The City Council will take necessary action to implement the policies and proposals of this Plan, including as appropriate, by:
	a.	Applying planning conditions
	b.	Entering into Section 106 Obligations
	c.	Entering into joint development schemes
	d.	Assisting with site assembly
	e.	Using Compulsory Purchase powers
	f.	Making Article 4 Directions.
	g.	Seeking external funding.

3.12	Effective implementation of the Plan’s policies and proposals is vital to its overall success and a key part of the monitoring and review process. It is therefore important that the Plan includes appropriate mechanisms to secure these. The main mechanism for implementing the Plan will be through the determination of planning applications. In some cases, the Council will play a more direct role, such as preparing Supplementary Planning Documents.
3.13	Effective implementation means ensuring that new development provides for necessary physical and social infrastructure as well as other supporting facilities. These include the provision of reasonable levels of public open space, affordable housing, lifetime homes, education and community facilities as well as physical requirements such as transport and utilities such as gas, water and electricity. It also means securing the protection of important resources in line with the Plan’s policies, such as important buildings and townscape or nature conservation interests.
3.14	Where necessary infrastructure or facilities cannot be secured through the use of planning conditions, for instance where they would need to be provided off site, the Council will seek to enter into S106 Obligations. These will be sought, or accepted if offered where a proposed development would create a need for particular facilities, or would have a damaging effect on the environment, local amenity or would adversely affect national or local policies. Agreements will only be sought where they are necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development and are reasonable in all other respects.
3.15	The emphasis of the Plan on regeneration is likely to lead to an increased involvement in the development process by the City Council. Previously developed sites, especially where these are in multiple ownerships and fully or partially operational, can be complex to bring forward for redevelopment. The City Council recognises that it should play a proactive role in implementing these sites by preparing Supplementary Planning Documents or less formal guidance, assisting with site assembly and, where necessary, by using its compulsory purchase powers. Such sites may require additional funding assistance and where appropriate the Council will aim to help secure additional funding from external agencies involved with regeneration issues.
3.16	Article 4 Directions can be applied to restrict normal permitted development rights in locations such as Conservation Areas where a tighter than usual control on development is justified by the exceptional character of the area.
3.17	Developers are advised to contact Planning Officers at an early stage to discuss planning requirements and issues likely to be relevant in drawing up S106 agreements, especially for larger schemes. Developers are also advised to contact the Council for advice regarding Supplementary Planning Documents and other guidance that should be taken into account in drawing up their proposals. Old style Supplementary Planning Guidance and a programme for new style Supplementary Planning Documents can be seen in the Council’s annual Local Development Scheme.




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Chapter 3

GENERAL DEVELOPMENT

Introduction