TDLP PART 1 CHAPTER 5 - HOUSING, RETAIL, AND COMMUNITY SERVICES

Policy HSC1: Housing Development

(1) Provision will be made for the development of about 4850 houses 2001 - 2011 on appropriate sites.

(2) The housing sites shown on the Proposals Map as defined in Schedule 2 will not be released for development prior to the commencement of the Phase to which the site is assigned.

(3) Proposals should provide for a mix of housing to meet a variety of needs.

Schedule 2

Notes:

1. Accounts for net developable area of housing component on allocated site. Totals may not sum due to rounding.
2. The estimate of yield is calculated by multiplying the net developable area identified in the UHCS by the density targets. Where a recent commitment supersedes an estimate, the yield entry in the Schedule is not emboldened. Such yields are not policy. All yield calculations are rounded down to the nearest integer.
3. Capacity estimates are subject to a 10% discount. The discount is not applied to recent commitments where construction is underway at April 2004 as indicated by the Planning Status.
4. The Outstanding Balance of Consents on Previously Allocated Sites is as follows:

5. The windfall is derived from the UHCS. It has been divided equally between the two phases.

5.12 The Schedule is part of the policy and the notes are part of the schedule. Sites for housing development have been allocated in accord with the sequential test as a result of the requirement for new land. The amount appropriate to individual centres has been determined with reference to the following:

• The status within the settlement hierarchy
• The availability of developable sites
• The form and character of the settlement
• The adequacy of infrastructure, services, and facilities
• The environmental capacity to absorb growth
• The past build rates and the scale of the planning commitment
• The review of outstanding commitments
• The extent to which development could enhance self-sufficiency
• The overall need to meet the identified housing shortfall.

5.12A In determining which sites to allocate, the potential and suitability of sites for residential development have been assessed on the basis of the following site selection criteria:

• The availability of previously developed land and buildings
• The location and accessibility of potential development sites
• The capacity of existing and potential infrastructure to absorb development
• The ability to build communities supported by new physical and social infrastructure
• The physical and environmental constraints on the development of land.

These considerations will be applied also where applications are made for the renewal of existing planning permissions.

5.13 The discounted capacity of new allocations defined in Schedule 2 is the total for new land allocations used in Figure 6 of the Plan. Such allocations, including those now implemented and under construction, will yield about 2,410 houses 2001 - 2011. Together with windfalls and including all other site commitments, the total housing provision over the strategic period 1995 - 2011 amounts to about 7,059 houses. A 10% discount rate has been applied to the estimated yields only on sites that are not subject to implementation. No allowance is made for unallocated greenfield sites. Exceptions housing is regarded as additional to the allocations and is included in completions.

5.13A Local planning authorities are directed to conduct urban housing capacity studies (UHCSs) in order that the urban capacity may be maximised. The District Council has undertaken an UHCS that provides a realistic assessment of the capacity of the District's urban areas to accommodate additional residential development. The Plan allocates an appropriate amount of new land for housing development, provided that the assumed windfall rate and density targets are achieved.

5.14 Housing densities need to be higher than those achieved historically, in the interest of efficient land use. There is a need to make full and effective use of housing land, both allocated and windfall, in the interest of minimising the loss of greenfield land. Therefore, the Plan introduces targets. The net density targets are as follows:

• 35 dwellings per hectare on previously developed land
• 30 dwellings per hectare on greenfield land.

Net density is calculated by dividing the site yield by the net development area. These terms are defined in the glossary of the Plan. The housing net density target should be met or exceeded on each development site.

5.14A Schedule 2 indicates a capacity range for sites assessed in the UHCS. The range represents an estimate of potential yields, by the application of net density assumptions to net development areas. Density assumptions reflect the targets unless assessed otherwise. Where estimated, the first site capacity figure in the range reflects either the relevant density target or a higher density based on an individual capacity assessment that has regard to the local residential character. This yield should be achieved as a minimum, as failure to do so could jeopardise delivery of the strategic housing requirement. The second site capacity figure in the range reflects either the national mid range figure of 40 dwellings per hectare net, or an individual site assessment where undertaken. Therefore, the LPA will encourage applicants to deliver at the higher level where that realistically may be achievable.

5.15 Allocations aim to implement the strategy. A choice of sites is provided where suitable opportunities exist. Proposals are detailed in Part 2 of the Plan. Where necessary, a development brief is required to secure acceptable development.

5.16 The house types and sizes provided will need to be appropriate for the environs and for the needs of the local population. The mix will be expected to reflect community need in a way consistent with the characteristics of the site and of the surrounding area.

Land Recycling Targets

5.17 The Government has set a national target for land recycling, in the interests of minimising countryside loss and promoting sustainable communities. It is that by 2008, 60% of additional housing should be provided on previously developed land. RPG10 provides a regional target, which is that at least 50% of additional housing should be provided on previously developed land and through conversions of existing buildings. The RPG recognises that the target is challenging, and that it cannot be met uniformly throughout the region.

5.17A The District Council has introduced a local land-recycling target of 45% for new housing provision in the period 1995 - 2011. The target had regard to the District UHCS and it encourages the use of previously developed land. Historically, the contribution from previously developed land comprised about 38% of housing completions 1995 - 2001. More than 75% of the new land allocated in the Plan is greenfield.

5.17B The UHCS assesses potential redevelopment opportunities on previously developed urban sites. It demonstrates that the availability of such sites is limited. Previously developed sites comprise approximately 24% of the new housing land allocated in the Plan. Housing allocations on greenfield sites are inevitable as a consequence of the shortage of available previously developed land and the need to maintain a land supply. In the interest of providing choice in a variety of locations, the release of greenfield sites has not been limited to the minimum necessary solely to secure the required housing land supply.

Phased Release of Housing Land

5.18 The Plan introduces phasing to help manage the release of housing land 2001 - 2011. There is a clear expectation from Government that the pattern and speed of urban growth should be managed proactively. The total housing provision 2001 - 2011 is calculated at about 4695 houses. This allows for a planned development rate of about 470 houses annually. All new allocations have been assigned to a phase and Schedule 2 sets out the timeframe within which each phase may be released.

5.18A The housing supply from Phase 1 will be increased significantly by the completion of sites under construction and subject to implementation. The policy provisions allow for about 3307 houses (70% of the total) in the first half of the period, compared with about 1388 houses in Phase 2. Equally, should outstanding commitments continue to run at the same high level as at April 2001, the Plan could deliver only about 40% of the total in the first phase. It is more likely that about 50 - 60% of the total could be delivered in Phase 1.

5.18B Housing completions, on both allocated and windfall sites, will be monitored annually to assess the performance of the planned development rate against the actual completion rate. A review of the phasing provisions will be undertaken if monitoring demonstrates a persistent and significant variation between the planned and actual rates of development. Consideration of the reassignment or deletion of allocated sites will be undertaken through the plan review process.

5.18C The large phased allocation at East the Water (Proposal BID2) is a strategic site. It allows for approximately 13% of the total provision 2001 - 2011. Its advancement is considered to be an essential component of the plan strategy for addressing the land supply requirement.

Affordable Housing

5.19 Government housing policy directs that affordable housing be provided by housing associations, trusts, and the private sector. Government advice on planning and affordable housing acknowledges that the housing needs of local people cannot always be met by the existing housing stock and the new market housing that is provided through general planning policies.

5.19A The rôle of local authorities as providers of social housing through public subsidy increasingly has become constrained. No longer is new council housing provided. Instead, social housing provision is secured through Registered Social Landlords (RSLs), in partnership with the Housing Corporation, which may provide funding. RSLs, principally housing associations in partnership with the Local Housing Authority, provide and manage social housing and help to deliver the national objectives of tackling social exclusion and promoting sustainable communities.

5.20 A shortage of housing to meet a community need for housing at a price local people can afford is a material consideration in determining planning applications for new housing.

5.20A The objective is to secure adequate affordable provision in step with general market housing in the areas where need occurs. A district wide survey of housing need, undertaken between October 1999 and February 2000, identified the extent of the need for affordable housing. Findings from the assessment of that evidence of need were appended to a Consultation Draft of SPG1 (Revised) on Affordable and Local Needs Housing and the assessment is summarised, as updated, at Annex 8 to the Plan. Community Appraisals undertaken by individual Parish Councils also may contain indications of housing need. Available indicators of such needs are set out in Appendix 4 of the Plan. Where new evidence of need is robust, its rigorous assessment may be a material consideration.

5.20B The Torridge Housing Needs Survey assists the preparation of the District Council's Housing Strategy. The assessment of need is based on the findings of the survey. The analysis is summarised by area. The assessment demonstrated a need for 2830 affordable houses over the period 2001 - 2011. In addition, analysis of the findings provided information on the size and type of affordable houses likely to be required. Such information may be available from the District Housing Authority. The conclusions from the survey provide the rigorous assessment of need required in support of policy for affordable housing. Such assessments will be updated during the Plan period and the findings will be published. In due course, such findings will be annexed to a SPD on Affordable Housing, superseding those at Annex 8 and appended to the Consultation Draft SPG. In the interim, the annex should be used and the Consultation Draft SPG and new survey findings may be material considerations.

5.20C It is evident that significant elements of the District population require access to affordable housing. It is not expected that this situation can be resolved unless additional provision is secured through the planning, housing, and private sector processes.

5.21 Households are identified as having a local housing need where all of the following tests are met:

• There is insufficient suitable affordable rented accommodation
• Household income is too low to buy in the open market
• The criteria for inclusion on the Torridge Common Housing Register are satisfied.

The criteria for inclusion on the Housing Register are those pertaining at the time of the planning application and include the criteria for allocating social housing as contained in the District Council's Allocation Schedule in force at the time. A household may register where in need of separate accommodation, or in accommodation that is short term, or in accommodation that is substandard or otherwise unsuited to circumstances.

5.22 The majority of households on the Housing Register are unable to enter the housing market. The annual number of re-lets becoming available together with the current social housing build rates is insufficient to meet the evident needs. The number of accepted homeless rose to an average of 56 households per annum for the period 1997/98 - 2000/01.

5.23 The need for affordable housing is sustained by the low wage economy associated with the Northern Devon area and the widening gap between local income levels and house prices. The nature of the local economy, particularly in the rural area, suggests that local wage levels are significantly below County levels. The District Council's ability to address housing need in the District directly has been reduced significantly, by the loss of 1392 Council dwellings 1980 - 2001 through the right to buy provisions. This represented a 44% decline in public rented stock. Together with a decline in low cost private rented accommodation, it has contributed to a general shortage of affordable housing.

5.24 At 2001, a total social housing need of 2,921 houses 2001 - 2011 was forecast (Annex 8). Taking into account new social housing provision and re-lets of such accommodation, the District net affordable housing requirement 2001 - 2011 is 1,670 houses (Appendix 4). The requirements, calculated at Parish level, have been related to the settlement hierarchy.

5.24A At the Area and Local Centres levels, the area requirement is converted to an affordable share. In the absence of any viability assessment, such shares have been capped at 30%. Otherwise, the shares have been determined with reference to the scale of the net requirement in the parish and the availability of potentially contributing development land that should be taken into account. The amount of land that may contribute in this way is shown in Figure 7. Such shares are treated as targets, forming the basis for negotiating affordable provision on substantial allocated and windfall sites. In response to consultation, the share targets published in the Consultation Draft SPG have been revised in respect of Winkleigh only. The revised share targets at Annex 8 may be developed in response to any new evidence of need and will be published as a technical annex to the Affordable Housing SPD.

Figure 7:   Affordable Housing Shares on Substantial Land Allocations 2001 - 2011

Notes:

1. The estimates include both phases. Discounts have been applied to the capacity ranges indicated in Schedule 2. The totals are updated to the position at 1 April 2004, which accounts for minor variations in the sums. Site yield estimates are aggregated and housing totals are rounded to the nearest integer. Such totals may not sum due to rounding. Affordable housing estimates are assessed by site, and in such totals part units are rounded down.
2. Comprising both Recent Commitments where the Affordable Share has been Resolved (including Consent subject to the Agreement of a Planning Obligation) and other Allocations where the Site Area is below the Substantive Threshold for Affordable Shares Provision as provided by Policy HSC2(2) unless determined otherwise (see Note 4).
3. The provision relates only to affordable housing secured on the allocations defined in Schedule 2.
4. In comparison with the indicators of Housing Need (Appendix 4) and in particular with the Needs Assessment (Annex 8), it is evident that the implementation of share targets alone will not deliver the affordable housing that is needed. In the light of decisions by the Plans Committee of the District Council [on 27 October 2003 in respect of planning application 1611/03 and on 11 October 2004 in respect of planning application 1209/04], which appear to set a precedent for seeking to negotiate affordable shares on sites below the threshold set in Policy HSC2(2), contributions are assumed from all uncommitted site allocations in Bideford /Northam.

5.24B At the Village level, the requirement is not expressed in the form of targets (Annex 8). The development of substantial sites is not expected. Affordable housing targets may be developed in the Villages SPD.

5.25 Through the application of area targets in the form of shares, the District Council will require the provision of about 500 - 650 affordable houses on the new land allocations. The ranges expressed in Figure 7 reflect the density ranges indicated in Schedule 2.

5.25A In determining planning applications, the LPA will take into account the identified need for affordable housing. It is desirable that substantial development schemes on both allocated and windfall sites incorporate a reasonable mix and balance of types and sizes targeted at need by area in the interest of social inclusion. Evidently, in some areas the level of the identified need may exceed the provision likely to be achieved from public investment, the contributing allocated sites, and likely windfalls. More affordable housing is needed, without affecting the overall supply of housing. Accordingly, the LPA may seek to negotiate additional provision where justified.

5.25B The Government has proposed to lower the threshold at which affordable housing contributions may be sought. Under the local circumstances, the District Council regards the proposal as a material consideration. Where the potentially contributing land evidently would not deliver the affordable housing that the community needs, the LPA also may seek contributions on smaller sites. In Bideford /Northam, it may seek contributions from sites with a capacity for 15 or more houses where that is justified in the individual circumstances.

5.25C The objective is to ensure that the affordable housing secured will contribute to satisfying the local housing need demonstrated by the evidence of housing needs.

Policy HSC2: Affordable Housing

(1) Where a community housing need is established, the Local Planning Authority will seek affordable housing that comprises a balanced mix of types and sizes to meet the need, in association with substantial development.

(2) Where needs are evident, affordable shares will be negotiated in association with all or part of developments of at least:

(a) 25 dwellings or 1 hectare in Bideford /Northam (including Westward Ho! and Appledore) and Great Torrington (with Taddiport); and

(b) 15 dwellings or 0.5 hectare in Holsworthy and the Local Centres.

(3) Secure arrangements will be required to ensure that the benefit of affordable housing is enjoyed not only by the initial occupiers of the dwellings provided but also by their successors, through the management of the property by a registered social landlord or by the use of a planning obligation or condition.

(4) The size and type of housing provided shall reflect the needs of those households requiring affordable housing, in accordance with the District Council's housing needs assessment.

5.25D Affordable is defined for the purposes of the Plan as one or other of the following:

• A rent that does not exceed 25% of the weekly average household income for Torridge District
• A sale price that does not exceed that that could be purchased with a 95% mortgage based on 2.5 times the average annual household income for Torridge District.

This definition represents the maximum that the District Council considers reasonable, taking account of house prices, rents, average wage levels, and the practical requirements of lending institutions. In the event, and to the extent, that the prescriptive aspects of the definition are not endurable, they may be varied in a SPD. In some parts of the District, local income levels fall significantly below the district average. Where such levels ought to be reflected due to the physical and demographic characteristics of the locality, the LPA will seek to negotiate individual schemes accordingly.

5.26 The policy provides for affordable housing for local people as a negotiated element of substantial development in Strategic Centres. Affordable housing should be negotiated as part of a proposed development. The LPA will seek provision in association with such development on allocations and on suitable windfalls. The amount will depend upon an assessment of the following criteria:

• The scale of community need in the area at the time
• Site suitability for affordable provision
• The economics of provision on available sites in the area
• The need to achieve a successful housing development.

Where the need ceases, the policy ceases to apply. The policy relates suitability to site size and location. The materially lower size thresholds demonstrated in Figure 9 are not incorporated in the policy. For smaller sites to be suitable, provision should be feasible and appropriate taking into account all such considerations. If a prior consent is renewed, the LPA must first consider the policy and site contributions may be varied as a consequence of reconsidering the above criteria.

5.27 Affordable housing shares will be negotiated as a proportion of the site yield. Where such a share is negotiated, it will consist of low-cost market housing and /or subsidised housing in the mix desirable for the development to help contribute to a reasonable balance of local provision in the interest of sustaining the community. The nature of the affordable types will help to meet the community need. Such shares will be secured and the occupancy may be controlled. The occupancy of some provision may be controlled in perpetuity, dependant upon the category of need. Some may be controlled only initially. Normally, the LPA will leave the issue of controlling occupancy to a RSL.

5.28 The forecasted need for affordable housing 2001 - 2011 indicated in Appendix 4 and the assessment of net needs summarised at Annex 8 will be updated in due course. The community need for affordable housing has been demonstrated and local provision is targeted in all the Strategic Centres. The levels of thresholds for substantial development that may be suitable are defined by Government policy. In the defined urban areas, the policy applies the highest threshold. It is likely that such a threshold would limit the delivery of affordable housing that is needed in Bideford /Northam. Exceptional local constraints may justify the LPA in seeking to adopt a lower threshold. Accordingly, affordable provision may need to be sought on smaller sites that come forward.

5.28A In the rural area, the policy applies a lower threshold in settlements with populations of 3,000 or fewer. The availability of potentially contributing rural sites varies across the rural area and the opportunity for substantial site development in the Local Centres is limited. It may be necessary in some areas to implement a lower threshold for the selection of suitable sites. Accordingly, affordable provision may need to be sought on small sites that come forward. Such an approach would be needed to enable smaller sites within Holsworthy and the Local Centres to contribute to the provision of affordable housing. The LPA may be justified in seeking to adopt appropriate thresholds that would help deliver affordable rural housing successfully.

5.28B Affordable provision may be made in the following ways:

• Completed houses handed over to RSL control
• Serviced land provided within the scheme for an RSL to complete
• Low cost houses at a fixed rent or cost that is below the general market rate.

Where necessary, the mix of affordable housing types and /or the occupancy will be controlled by a planning agreement in order to secure a continuing local benefit. The criteria for eligibility, against which occupancy will be determined, are set out in SPG1 on Local Housing Needs Policy and are updated in outline in the rural housing exceptions section of the Plan. The Consultation Draft SPG may be a material consideration. Management by an RSL is an adequate way of controlling the occupancy of affordable shares. A cascade approach will be used to ensure that people in local housing need take priority and that an occupant always will be found. Where the occupancy of low-cost housing provided for local needs is controlled in perpetuity, open market disposal will not be acceptable.

5.28C Provision likely to be needed to meet local needs will be controlled in perpetuity. In the countryside, provision always will be controlled in perpetuity. This includes provision in Villages and on rural exceptions sites.

5.29 Based on the above considerations, the level, type, mix, delivery, and control of affordable provision on suitable land will be agreed by negotiation during the process of determining the planning application. A scheme will not be approved before any necessary obligation is executed. Further details provided in SPG1 and the Consultation Draft of SPG1 Revised will be updated in a SPD. The failure to include affordable provision as part of a proposed development on suitable land could result in refusal.

Housing Layout

5.30 The Structure Plan seeks the efficient and best use of land. It requires housing development at the optimum density consistent with the character and appearance of the area, while creating an attractive living environment and maintaining access to necessary open space. The LPA will seek development at as high a density as is appropriate to the character and environment of the site and surrounding area. The aim is to make the best possible use of available housing land whilst achieving high standards of design and layout sensitive to the individual site and its surroundings. Densities will be monitored against established density targets.

5.30A To achieve successful design, layout must be considered at the outset. The aim is to secure a safe and attractive development that functions well. There is a need for a keynote policy that will encourage applicants to integrate these different considerations within a well-founded framework.

Policy HSC3: Housing and Residential Estate Layouts

Planning permission will be granted for housing layouts that satisfactorily integrate the development with the surrounding context, taking into account the following:

• Townscape features and character
• Landscape features
• Local facilities and community infrastructure
• Vehicular access and the public transport network
• Established walking and cycling routes.

5.31 The policy promotes the successful integration of new housing within its surrounding context. Attention must be given to design and layout in relation to neighbouring buildings, the townscape and the landscape of the wider locality and the linkages between the proposed housing and local facilities and community infrastructure and the means by which all such amenities can be accessed. Detailed design guidance will be provided in a SPD in due course.

5.32 Good design principles will be applied to all housing developments, including small-scale and rural housing development.

5.32A The District Council will presume that open plan layout is not generally desirable. Urban redevelopment and the development of backland or garden sites can help to reduce greenfield pressure and may be acceptable where the character and amenity of existing residential areas is not affected adversely. The demolition of property will not create a presumption that permission will be granted for more intensive redevelopment and the District Council will resist proposals that would result in town cramming.

5.33-5.35 [No text]

House Extensions and Annexes

5.36 House extensions are a popular means of providing additional accommodation and can improve the quality of the housing stock. There is a need to encourage good design and, where planning permission is required, to control proposals that are inappropriate in scale or incongruous with their surroundings.

Policy HSC4: House Extensions and Annexes

(1) Where planning permission is required for an extension, consent will be granted provided that:

(a) the scale, design, and location are appropriate to the house and its setting; and
(b) it will not result in a significant loss of amenity for the occupiers of neighbouring dwellings; and
(c) it will retain adequate amenity space within the curtilage; and
(d) any necessary parking space will be maintained.

(2) Where an additional house would not be permitted, a self-contained annexe for a dependant(s) will be permitted provided that:

(a) the size proposed is commensurate with the demonstrable need of the first intended occupant(s); and
(b) the principal access will be from within the main house, unless utilising a close by outbuilding; and
(c) any extension would satisfy the criteria for house extensions, as set out at (1) above; and
(d) site access, parking, and amenity space will be shared.

5.37 The policy provides that proposals will be assessed to ensure that the bulk, massing, style, and external materials are in keeping with the scale and character of the house and neighbouring properties, and that the siting does not prejudice the amenities of nearby residents. It will prevent the undue loss of daylight or privacy.

5.37A The policy does not apply to the extension of rural historic building conversions.

5.38 Unduly dominant or overbearing development will not be acceptable. Particular regard will be given to the need to protect the amenity of adjacent properties and to control the impact on the character and appearance of the building, the landscape, and the streetscape.

5.39 Where an extension to provide annexe accommodation is proposed ancillary to the main house, it is important to ensure that the development is attached physically. Separate self-contained accommodation will be treated as an additional house. Where an additional house would not be permissible, the annexe must appear integral with the original buildings and a planning condition will be imposed to ensure that the accommodation remains ancillary to the original house.

Flats and Houses in Multiple Occupation (HMOs)

5.40 Flat conversions and multiple occupancy houses that accommodate unrelated people with more than six sharing, or a fewer number with separate metering and independent living arrangements, require planning permission. There is concern that a proliferation of flats or HMOs can erode the residential character of an area. The policies that apply to Westward Ho! will control this occurrence in the resort, and flats and HMOs are not considered to be an issue that justifies specific policy elsewhere in the District. If the need arises, such policy will be reconsidered at the Plan review.

5.41-5.4 [No text]

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