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

NEW HOUSES IN THE COUNTRYSIDE (RURAL EXCEPTIONS HOUSING)

5.45 Government guidance advises that new development in the countryside should be directed to existing towns and villages, making the best use of previously developed land. New development in the rural area is limited by settlement policy and the LPA seeks to protect the countryside against the pressure for new housing. The District Council recognises that new housing will continue to be required for local needs. There is a need to ensure that such housing is well related in scale and location to existing development. Sporadic development will be resisted.

5.46-5.50 [No text]

5.51 Exceptions housing policies that facilitate rural housing provision for local needs and special needs are presented in the next five subsections of this section of the Plan.

Affordable Housing on Rural Exception Sites

5.52 The District Council recognises particular difficulties in securing an adequate supply of affordable housing for local needs in the rural area. Government guidance allows for provision to meet local needs by the limited release of land that would not otherwise be released for general market housing development.

Policy HSC6: Exceptions Housing for Local Needs

(1) The exceptional release of land that is well related to a Local Centre or to a Village will be permissible to provide affordable housing to meet local needs in the rural area provided that there is either:

(a) an identified community need for affordable housing based upon a comprehensive assessment of local housing need; or
(b) independent evidence of a genuine and sustained need by a full time key worker(s) in an established basic local service.

(2) Local needs housing development will be permitted only where:

(a) the site proposed is well located for the purpose; and
(b) the houses proposed are of a size and type appropriate to the community need; and
(c) the need could not reasonably be satisfied without the exceptional release of land.

(3) The initial and successive occupancy of rural exceptions housing will be regulated to ensure availability in perpetuity for identified needs, if necessary by a planning obligation or a planning condition.

5.52A The policy extends the scope of the affordable housing policy of the Plan in the rural area, where otherwise land would not be released. Affordable is defined in the affordable housing subsection of the Plan. The types of housing on rural exceptions sites will be secured for local needs and occupancy will be controlled in perpetuity.

5.52B To qualify as local, prospective occupant households must satisfy at least one of the following tests:

(i) At least one adult in the household was resident continuously in the Parish for a minimum of five years immediately prior to the identification of need
(ii) At least one member of the household was resident in the Parish for five years within the previous ten years immediately prior to the identification of need
(iii) At least one parent or guardian of at least one adult in the household was resident in the Parish for a minimum of ten years prior to the determination of the planning application
(iv) At least one adult has been in continuous employment in the Parish over the five years immediately prior to the identification of need.

Consideration also will be given to proposals for employer provided key worker schemes.

5.53 Where local need has been established, the policy permits an exception to the rural settlement policies of development restraint. This is justified to secure housing for local people in housing need, in circumstances where the general housing market evidently cannot provide. The policy aims to direct necessary development only to those villages where additional housing can support and sustain village life. Applications for housing in the open countryside away from such villages will not be permitted on the basis of local housing needs. The LPA will ensure that only bona fide proposals are approved.

5.54 Development will occur only in response to a community's need for affordable housing. The LPA will require a rigorous assessment of need that demonstrates the scale and nature of the housing shortage. Where the Housing Register or the District Housing Needs Assessment demonstrates a clear local need in the community and a RSL proposes an appropriate scheme, a housing needs survey will not be required. In all other cases, a survey will be necessary.

5.55 The LPA must ensure that development occurs only in response to identified needs for which there is up-to-date evidence. In determining proposals, the LPA will take account of the district wide assessments that have been made and any additional independent evidence that may become available. In order to provide a reliable update, such evidence must be rigorous. A household survey could provide such evidence. Where an independent housing need survey is conducted, the format, extent, and analysis should be agreed by the LPA. The results must demonstrate to the LPA that the housing types proposed are appropriate to meet the identified local needs. The housing types proposed should target the housing needs identified. Accordingly, general market housing is not appropriate on rural exceptions sites.

5.55A Applicants will be expected to present firm proposals to meet the local need and to demonstrate that that need is genuine. The evidence presented in support of a planning proposal should be robust. An independent organisation, such as the Parish Council or a RSL, may provide additional evidence of affordable need that could enable the Local Housing Authority to support the scheme.

5.56 The scheme must demonstrate that the number, size, and type of houses proposed is the most effective way to meet the categories of need identified. It is accepted that there will be a demand for a range of house types to cater for a range of need. Where need could be satisfied in some more appropriate way, such as by affordable shares or by modest development at Villages, exceptional land release will not be permitted.

5.57 [No text]

5.58 The site must be well related to an existing rural settlement and reasonably accessible to important services and facilities. The scale and type of housing must reflect the identified need and the site conditions, and the form of development must have regard to the rural setting. The design should be in keeping with the local character. Environmental considerations should be taken into account and important interests must not be prejudiced.

5.59 It is important that exceptions housing remains affordable. All housing permitted under this policy will be subject to secure arrangements intended to ensure initial and successive occupancy by local people in housing need.

5.60 The LPA expects that the size of housing provided will reflect the need and that the construction costs will be controlled by the need to deliver affordable housing. Houses that are disproportionately large or expensive in relation to need will not be permitted. Permitted development rights will be removed where necessary to ensure that housing is not extended in a way that would make individual houses unaffordable.

5.61 There will be supplementary guidance in a SPD. The definition of local and the control of occupancy are explained in SPG1 on Local Housing Needs Policy, subject to any overriding national policies on such matters, and updated by the provisions of the Plan. The Consultation Draft of SPG1 as revised may be a material consideration. These SPGs will be superseded by a SPD as soon as the District Council's priorities may allow.

5.62-5.64 [No text]

Agricultural Workers' Dwellings

5.65 In special circumstances, new houses in the countryside may be needed for farm or forestry workers to live in the vicinity of their place of work. Some such demand is justified by genuine need, and some is speculative. The aim is to facilitate necessary development and the objective is to restrict development to cases of genuine need.

Policy HSC8: Agricultural Workers' Dwellings

(1) A new dwelling will be permissible in the countryside where there is a requirement to service a well established agricultural or forestry enterprise and provided that:

(a) there is independent evidence of a genuine and sustained need for the additional dwelling, based on an operational requirement for full-time worker(s) to be resident on the holding; and

(b) there is demonstrable evidence of the financial viability of the enterprise; and

(c) the need for an additional dwelling is not a direct consequence of the recent severance of a dwelling from the agricultural holding and its resultant loss to agriculture; and

(d) the need cannot be met by the conversion of a suitable rural building; and

(e) the dwelling is well related to the farm buildings and other dwellings and to the operation for which supervision is required.

(2) A planning condition may be imposed or an obligation required in respect of:

(a) all dwellings created on the basis of operational need, limiting occupancy to a person solely or mainly working, or last working, in the locality in agriculture or in forestry, or a resident dependant or widow or widower of such a person; and

(b) any existing farm dwellings on the same holding under the control of the applicant, similarly limiting occupancy where appropriate to maintain operational efficiency; and

(c) all proposed dwellings, reducing the timescale for commencement of development or for submission of reserved matters to limit validity effectively to a maximum of three years; and

(d) proposed dwellings, limiting the size to that needed and affordable.

(3) The dwelling size shall relate to the established operational requirements and will be constrained by the financial viability of the enterprise.

5.66 The policy has been formulated in accordance with Government guidance, to facilitate the appropriate development and continued use of agricultural /forestry workers' dwellings. The LPA will allow permanent new dwellings only where needed to support well-established agricultural enterprise. A well-established enterprise is one that has operated for at least three years, that has been profitable for at least one of those years, and that has a clear prospect of remaining financially sound.

5.67 The LPA must apply both functional and financial tests designed to verify the need for development that would not otherwise be permissible. The functional test should establish whether it is essential for worker(s) to be readily available at most times to operate the enterprise properly. The financial test should ascertain the economic viability of the enterprise and may provide evidence of the size of dwelling that can be sustained.

5.68 The policy does not allow housing for retired agricultural workers. A new house will be permitted only where there are or have been recently no suitable alternatives. The LPA requires evidence that the proposal is genuine. The enterprise shall have been established and be capable of being sustained for a reasonable period of time. Where need is established, account will be taken of the integrity of the relevant agricultural holding. Where land and /or buildings, including conversions, have been disposed of separately within the three-year period immediately prior to the application, the act of severance may override evidence of need.

5.69 The siting and design shall be well related to existing buildings and to the character of the surroundings. The design also must relate reasonably well to the functional activity it is to support. Proposals that are unusually large or expensive, in relation to the needs of the unit or its likely income generation, will not be permitted.

5.70 All dwellings will be subject to occupancy restrictions. The LPA usually will control occupancy by means of a planning condition, to ensure that the accommodation remains available to address the identified need and to avoid the proliferation of housing in the countryside. Where required in connection with the holding at the time of the application, an occupancy condition will be imposed also on other farm /forestry dwellings under the same control. A planning obligation will be used to tie the farmhouse to the agricultural holding.

Removal of Occupancy Conditions

5.71 The severance of farm dwellings from the land holding needs to be discouraged. Occupancy conditions imposed on accommodation for agricultural /forestry workers and on supervisory dwellings provided in support of some other form of rural enterprise must be maintained unless it is demonstrated that there is no longer a long-term need for such a dwelling in that area.

Policy HSC9: Removal of Occupancy Conditions

An occupancy condition will be removed from a farm or supervisory dwelling only where:

(a) it has been demonstrated that there is no longer an operational need for the dwelling or for the supervision on the holding or elsewhere in the area; and

(b) the likely absence of a recurrent need in the long term has been demonstrated adequately.

5.72 Applications for the removal of occupancy conditions will be considered on the basis of a realistic assessment of demand for agricultural dwellings. Applicants are required to submit evidence to show that the dwelling has been subject to appropriate targeted marketing for a reasonable period at a price that reflects the occupancy condition. The reasonable period, taking into account both the restricted market for such dwellings and the state of the local economy, is a minimum of two years. It must be demonstrated that there is no longer a need for such a dwelling within the area, not just on the holding or enterprise for which the need originally was established. Further guidance on this issue is provided in the SPG on Agricultural Workers' Dwellings and Occupancy Conditions.

Temporary Dwellings for New Enterprises

5.73 A permanent agricultural workers' dwelling normally is not permitted either in connection with a new or fledgling enterprise, or until such an enterprise is well established. Policy is needed to allow supervisory accommodation in the form of a temporary dwelling, such as a caravan or a mobile home, pending the establishment of a going concern.

Policy HSC10: Temporary Agricultural Dwellings

(1) A temporary dwelling will be permissible in the countryside for agricultural or forestry enterprise provided that:

(a) the enterprise requires a resident full-time worker; and

(b) siting on the holding is essential for the efficient operation and development of the enterprise; and

(c) there is clear evidence that the enterprise has been planned on a sound financial basis; and

(d) the scheme has a realistic prospect of being implemented to a level that will justify a permanent dwelling; and

(e) there is no appropriate alternative accommodation, existing or with planning permission, available to meet the need; and

(f) the temporary dwelling is well related to the farm buildings, other dwellings, and the operation for which supervision is required.

(2) The period of the temporary consent will be limited to three years.

5.74 As advised in Government guidance, an application for supervisory accommodation must be accompanied by an independent professional appraisal of the agricultural enterprise in the interest of sustainable development. A business development plan outlining the intended investment over a minimum of three years will be sought as evidence that the enterprise has been planned on a sound financial basis.

5.75 The consent will be time limited as a means of testing the long-term viability of the enterprise. Receiving a temporary consent provides no guarantee of achieving a permanent dwelling. Successive renewals of such consent will not be granted unless there are particularly convincing, extenuating circumstances that justify a longer trial period.

Gypsy Sites

5.76 The nomadic lifestyle of gypsies results in particular requirements in respect of housing, employment, and services. There are no local authority-owned or -run permanent or transit gypsy sites and one privately run site within Torridge District. The six monthly count of gypsies published by the Government does not suggest any significant additional need.

5.76A The Structure Plan First Review required the LPA to have regard to certain considerations and the Plan needs to make adequate provision for gypsy sites. In the absence of a clearly established need, this will be achieved not through the identification of specific sites but by means of a criteria-based policy. The duty on local authorities to provide and manage sites has been repealed and the law is under review.

Policy HSC11: Gypsy Site Provision

(1) Sites for use by gypsies will be permissible where there is a proven need and provided that:

(a) the site is well related to local services; and

(b) associated employment uses that cannot be accommodated adequately on the site can be located in close proximity without significant adverse environmental impact; and

(c) the site is the most suitable of the available sites in the area of need for a mixed use development without undue loss of amenity to nearby residents; and

(d) highway safety is not compromised; and

(e) important landscape and conservation interests will not be affected adversely; and

(f) the development is limited by a temporary consent where the proven need is short term.

(2) Duration of occupancy by individual households will be limited by planning condition, such duration to be determined by reference to the circumstances of the justification for the provision.

5.77 The policy applies to all applications for gypsy sites, whether for settled occupation, transit site, or emergency stopping place. In considering an application, the LPA must be satisfied that there is a locally established need based on the count or other material evidence.

5.78 Specific locational criteria assist the selection of suitable sites, where proven necessary. Particular regard will be had to the suitability of the site, the availability of local infrastructure, and the impact on the locality. The environmental impact will be of particular concern, in view of the change in occupancy of sites. Development will not be permitted where it would harm the amenity of local residents. Potential noise nuisance and other disturbance resulting from vehicle movements or business activities will be taken into account. Adverse economic impact on existing businesses, including agriculture, will need to be avoided.

5.79 Where a new site is necessary, it will be located so as to minimise visual impact in the countryside taking into account land contours and existing trees and hedgerows or appropriate new planting. Landscaping will need to give a structure to the site, and the limits of the site must be defined clearly so as to prevent encroachment onto adjoining open land and to secure necessary privacy. Gypsy sites will not be permitted in the AONB, in SSSIs or in other important conservation areas protected by the Plan. Planning conditions may be imposed to ensure adequate landscaping and to define which parts of a site may be used for associated businesses, as a means of controlling impact.

5.79A The duration of occupancy at permissible sites will be limited to that which is necessary as determined by the circumstances of the justified provision. Circumstances that may be relevant include identified health care needs that could not be maintained through relocation, and educational opportunities that require locational stability for an extended period.

SPORT AND RECREATION

5.80 Open space provision is addressed in the open space section of the Plan (Chapter 3). Government policy promotes the development of sport and recreation in the widest sense, encourages the provision of a wide range of opportunities, and seeks to enable sports participation. The RSS identifies leisure, recreation, and cultural facilities and the rights of way network as important. A shortfall in the provision of some such facilities in Devon has been recognised. In summary, the county recreation strategy is as follows:

• To ensure that existing facilities are used to an optimum level
• To provide new facilities
• To retain recreational space within villages.

5.80A Sport and recreation provision, where audited, has been summarised for information (Annex 5). Additional information may be included in a SPD on Open Space, Sport, and Recreation. The Plan needs to ensure that adequate land and water resources are allocated for organised sport and informal recreation, based on the assessment of community needs. The LPA is advised to resist pressures for the development of valuable recreational open space, but to weigh up the competing claims of different land uses and the long-term requirements for open space.

Recreation Development Strategies

5.80B Under previous plans and the former SPG for Open Space (cancelled) there had been minimal provision for securing recreation infrastructure in new development. That approach is acceptable no longer, as the District Council does not have the resources to continue to finance public works programmes that provide local recreation facilities for new development.

5.81 Providing for community needs is a key component of the District Strategy. In accord with PPG17, standards can help to inform recreational needs assessment and will be used to assess the impact of proposed development on recreation provision. The new local standards for accessible open space are included in Schedule C of Policy DVT9.

5.81A A District Recreation Strategy (DRS), produced for the District Council by Bennetts, has been approved for planning purposes. Based on a survey and assessment, it comprises a Strategy for Sport and Recreation in Torridge and a Strategy for Playing Pitches and Open Space in Torridge. The needs assessment identified deficiencies in recreational playspace provision. Interim recreation targets have been approved (Annex 6B). The sport and recreation strategy encourages the development of suitable sites for additional sport and recreation facilities and the pitches and open space strategy recommends that additional provision be co-ordinated with other forms of new development.

5.81B The DRS assessment identified community need within demographically cohesive areas (ie areas with similar population characteristics). Such needs were reviewed for plan purposes and are summarised in Appendix 5 of the Plan as a historical record. The identified deficiencies reflected the community needs for recreational play in 1997. The information took account of the needs assessment in the DRS, of needs reported in relevant appraisals, and of established needs recognised in previous plans. In addition, a local Recreation Facilities Planning Model has been developed in respect of the need for facilities not covered by the DRS and it is presented in Appendix 6 of the Plan. Such modelling is the industry standard method of forecasting such needs. It will assist in recreation development planning.

5.81C The District Council will reassess both provision and community needs periodically and the targets and forecasts are subject to periodic review. The Plan needs to address the shortage of playspace and the under-provision of facilities. Information about identified needs and targets may be updated in the SPD.

5.82 The approach taken in the DRS and supported in the Plan is as follows:

(1) To implement local open space standards

(2) To bring forward as a priority proposals achievable over the Plan period that are based on interim recreational targets

(3) To introduce play facility standards for new development that aim to secure high quality provision in phase

(4) To optimise the relationship between new provision, the open space network, and adjoining uses

(5) To secure adequate resources for the establishment and maintenance of such provision.

5.83 The strategy for remedying identified deficiencies in facilities is to act as follows:

• To protect existing provision that constitutes a valuable recreational resource, with regard to the local standards
• To seek to improve existing resources enabling better use where desirable, with regard to community needs
• To propose additional facilities that will help to meet the targets and to raise the levels of provision toward the new standards
• To maintain adequate revenue funding.

5.83A The District Council will bring forward recreation proposals where necessary and as the opportunity arises in the following locations:

(1) At the Strategic Centres
(2) Within the defined open space network
(3) On safeguarded land within development sites
(4) On unallocated sites.

The District Council will develop a costed programme for upgrading provision where appropriate to meet targets and address needs. With regard to the settlement hierarchy, it will prioritise individual schemes where external funding enables early provision.

5.84 The strategy for securing adequate recreational infrastructure provision is to act as follows:

• To apply the new local standards for open space provision, subject to needs assessment
• To secure the development of new facilities in the best available place, with regard to community need and to site constraints
• To require new recreational facility provision both on and off site where appropriate, by the developer wherever practicable
• To secure appropriate contribution toward such provision in the locality, wherever necessary to enable development to proceed
• To ensure that necessary provision is put in place in phase with development
• To ensure that deficiencies are not exacerbated by new housing development, with reference to new recreation requirements, subject to community needs
• To secure arrangements for establishment and maintenance.

The new requirements that are included in Schedule D of Policy HSC13 indicate the level of provision that will be sought in new development, subject to assessment of community needs and achievement of interim targets. Development will be obliged to secure necessary provision.

Sport and Recreation Facilities

5.85 The preliminary audit (Annex 5) includes a summary of recreational sports and play provision. The survey and assessment conducted for the DRS provides a valuable source of information. Subject to audit, such information may be updated in the SPD.

5.86-5.87 [No text]

5.88 Policy DVT9 needs to be supplemented by policies for the protection and provision of facilities. Where public or private recreational or educational facilities in public use can help to meet recreational needs, such facilities need to be protected.

Policy HSC12: Protection of Sport and Recreation Facilities

No net loss in the quantity, or in the value or potential, of facilities required to meet recreational needs will be permitted.

5.89 The policy provides for protection of the recreational quality of all types of recreation facility, which comprise three sorts as follows:

• Permanent recreation areas that contain key recreation facilities within the defined open space network
• Incidental facilities that are not particularly well integrated with the key facilities, which nevertheless are essential because they make a significant contribution to overall provision
• Temporary facilities separate from the defined network, which nevertheless cater for local recreational needs.

Recreation areas are an integral part of the defined open space network. Key recreation facilities comprise many types, including play areas and playgrounds for children, playing pitches, tracks, squares, and greens for active recreation, general amenities within gardens, parks, squares, and greens, and informal spaces laid out for passive recreation (Annex 6A). All these facilities are valuable where they may help to meet an identified need.

5.89A The policy allows development within recreation areas only where necessary facilities are maintained or enhanced and where provision is adequate, based on an up to date assessment of local community need. It does not prevent the redevelopment of poorly located or temporary open space or of vacant land in areas where recreation provision is adequate.

5.89B Delivery of targets will be monitored, and any target updates may be incorporated in the SPD. Policy DVT9 also applies to recreation areas. Provisions for countryside recreation development are included within the recreation development section of the Plan.

Recreational Play Provision in New Development

5.90 The Structure Plan requires adequate recreation facilities and services to be made available in phase with development. Policy DVT9 introduces new local open space standards. The Plan needs to place appropriate additional requirements on new development, so that the recreation development strategy may be implemented.

5.91 The aim is to ensure that all of the following happen:

(a) Adequate recreational play facilities are made available
(b) Development makes an appropriate contribution to such provision
(c) Identified recreation deficiencies are not exacerbated materially in areas affected by development.

The objectives are to ensure that recreational play facilities meet community needs with regard to the new local play standards and to ensure that such provision keeps pace with new development.

5.92 New development may generate a need for facilities that often most suitably are provided centrally by others. Local leisure standards need to be developed in compliance with PPG17. Adopted standards are summarised in Appendix 6A of the Plan, following the new draft leisure typology (Annex 6A). Such standards may be updated in the SPD. The standards will inform recreation impact assessment.

5.93-5.94 [No text]

5.95 Policy needs to introduce clear requirements for new provision. Where it is not appropriate to make such provision on site, land already allocated for recreation development may be suitable.

Policy HSC13: Play Facilities in New Housing Development

(1) Planning permission for family housing development that provides open space in accord with Policy DVT9 will not be granted unless the development incorporates play facilities in accordance with the requirements in Schedule D.

(2) Where provision is agreed and secured community use is required, arrangements for establishment and maintenance may be secured by planning condition or obligation, including a commuted sum payment where the Local Authority is expected to adopt.

Schedule D

RECREATIONAL PLAY REQUIREMENTS IN NEW FAMILY HOUSING DEVELOPMENT

5.96 The Schedule is part of the policy. The policy requires family housing development to include specific provision for the recreational play facilities necessary to meet the needs likely to be generated by the development. It will help to raise the quality of provision. A family house is a house of a size capable of providing more than two habitable rooms.

5.96A Unlike Policy DVT9, the policy does not relate to all development. The requirements supplement Policy DVT9 in respect of family housing development only. They will ensure that existing deficiencies are not made worse by such development. All new and /or improved provision necessary for new development to proceed will be secured through the development control process. Provision and /or payment in lieu of direct provision will be sought in accord with Policy DVT16.

5.97 Subject to the reassessment of community needs that was proposed by the District Council consequent to the revision of PPG17, revised standards may be incorporated in the SPD on Open Space, Sport, and Recreation. An indication of the recreation standards for adoption may be provided in a service code of practice. An explanation of the reassessment findings and supplementary information on targets and capital programmes also may be provided.

5.98 More detail about the standard requirements is explained in Appendix 6A of the Plan.

Recreation Impact Assessment and the New Standards

5.98A Where new development is proposed, recreation impact assessment will be required. It must take account of all of the following:

(a) The availability of existing recreation areas (Annex 5) and the identified community needs (Appendix 5)
(b) The local open space standards (Policy DVT9 Schedule C) and the new play facility standards (Policy HSC13 Schedule D)
(c) The need to meet the interim targets (Annex 6B)
(d) Where a site is allocated for development that must take place, the viability of recreation provision.

As an alternative to application of the local standards and targets, the level of provision needed may be determined with reference to a detailed assessment that complies with PPG17.

5.99 The standards, targets, and requirements need to be considered in context. Appendix 6A of the Plan details the standards of provision that will be sought in accord with Policies DVT9, HSC13, and HSC14A. The LPA also will take account of the need for built facilities. It will aim to ensure that appropriate contribution is made toward the built facilities that may be needed off-site.

5.100 The LPA will expect recreational play facilities to be provided within existing or new open space secured by Policy DVT9. It will seek to secure the following provision, to the adopted standards:

(a) Play areas with equipment wherever appropriate
(b) Playing pitches with changing facilities wherever feasible
(c) Amenity spaces laid out for informal recreational use wherever desirable
(d) Built sports facilities with adequate capacity wherever relevant.

The first two types may be secured in accord with Policy HSC13. Amenity space may be justified on the basis of the open space standards. Where justified on the basis of a needs assessment, built facilities may be sought in accord with the Structure Plan. Non-standard provision will be negotiated only on the basis of a detailed assessment of likely recreational need in compliance with PPG17, with reference to the individual circumstances of the development proposed.

5.100A Where major development is proposed, the District Council will seek to negotiate an appropriate contribution toward the built sport facilities that may be needed off-site. Major development is defined as development comprising 30 houses or more. Needs have been forecasted (Appendix 6) and the local leisure standards (Appendix 6A) may be revised to include a built facility standard. Not all recreational facility requirements of this type are incorporated into proposals in Part 2 of the Plan. Therefore, applicants that fail to conduct the appropriate PPG17 compliant needs assessment may not be aware of the full extent of the requirement.

5.101 Standard requirements will be applied with regard to the likely demographic composition and characteristics of the development. In negotiation, the LPA will seek the new open space standards as a minimum, unless the targets must be applied to allow development to occur. New family housing development of four units or more is expected to have access to necessary recreational play provision to standard.

5.102 Where recreational play facilities cannot be accommodated, planning permission may be refused. Development on allocated land is expected to secure at least the interim targets. It will be acceptable to make provision for centralised facilities, through off site development or in the form of commuted sums where necessary. It may be appropriate to contribute toward necessary facilities through commuted payments.

5.103 All development may be expected to contribute to proposed new or improved provision that accords with the new standards. Above the scale specified in the policy schedule, that contribution will be expected to take place in the form of provision on-site in respect of recreational play. A commuted sum payment may be sought for necessary off-site facilities. Only the major developments will be expected to make on-site provision for playing pitches as well as for playspace and amenity open space.

5.104 Wherever open space is needed on site, the LPA will seek recreation provision to standard. Particular regard will be had to the specific needs of likely occupants with reference to the layout, type, and size of dwellings proposed.

5.105 The Infrastructure SPD explains that the LPA will seek to negotiate provision in accord with Policy DVT16 and a Service Code of Practice will explain the detail. Supplementary guidance and advice on the management and aftercare of open space secured in phase with development may be contained in the Open Space SPD and the service code.

5.106 Where requirements cannot be accommodated on site, the LPA will seek provision within an acceptable distance of the development. An equivalent commuted payment to finance necessary provision by others may be acceptable. The LPA will seek to negotiate a planning obligation where it is necessary to secure off-site provision.

5.107 Where provision is sought, arrangements for community use and for establishment and maintenance (eg charitable trust, commuted sum payment) may be secured by planning condition or obligation. The LPA will require commuted payments for the establishment and maintenance of schemes to which the District Council commits in association with development or for which it agrees to adopt. Equivalent commuted payments, including top-up payments in lieu of local facilities not directly provided, will be acceptable only where provision by the developer is not feasible and provision by others seems practicable within a reasonable period. Provision will be costed and indexed to inflation. An indication of the sums involved, including for establishment and maintenance, will be obtainable from the adopting authority and may be set out in the service code.

Recreation Development Criteria

5.108 The development of additional recreation provision and the enhancement and more intensive use of recreational resources are important issues for the Plan. Assessment of existing resources has demonstrated the following needs:

• To identify new sites to accommodate additional facilities
• To encourage both the dual use of school facilities and a more intensive use of central facilities where accessible
• To promote opportunities for the development of open space and recreation networks.

Recreation development is anticipated as a result of expanded recreation programmes, provision in phase with development, private provision, and community provision including by Parish Councils. In accord with the recreation development strategy, the aim is quality recreation areas reasonably accessible to most households in the Plan area. The objective is to ensure that the facilities are located in the best available place and linked to the open space network where appropriate, with regard to the likely impact of development in each case.

5.108A Valuable open space links and other important aspects of design are material considerations. Benefits can arise from grouping recreational facilities within larger areas of open space. In this way, the quality of the recreational experience can be enhanced by the amenity value of the open space. This is not always practicable in built-up areas. The recreation policies of the Plan need to be supplemented by recreation development criteria.

Policy HSC14: Recreation Development Criteria

(1) Recreation development and intensification of use will be permissible provided that:

(a) the site is located in the best available place with regard to community need and likely recreational demand; and

(b) the site and the access routes can accommodate the additional traffic; and

(c) the scheme would not cause undue loss of amenity to nearby residents; and

(d) adequate arrangements are made for access by public transport and for secured community use, establishment, aftercare, and maintenance.

(2) Recreation development in the countryside, including marine based, will be expected to enhance provision for access and enjoyment.

5.109 The policy provides that development will be expected to secure an appropriate relationship between facilities, the open space and transport networks, and neighbouring uses. The design quality, orientation, and location of open space are of equal importance to the amount and quantity provided. It is necessary to ensure that such development is suitably located and fit for the purpose. A good quality design will be important, particularly for recreational playspace and urban civic open space. Recreation areas contribute to the overall provision of open space and should be designed as an integral part of the open space network wherever practicable, with regard to the policy criteria.

5.109A The policy controls the location and form of provision. Details may be agreed with the service provider /adopting authority and the LPA, as may be advised in the leisure service code. New provision should be well related to the open space and recreation networks wherever appropriate. The nature of the need for children's play means that appropriate provision cannot always be linked with permanent recreation areas.

5.110 Recreation development proposals will be facilitated where provision is justified with reference to the relevant standards and targets or requirements. Appropriate access standards are advised in Appendix 6A of the Plan and explained in the DRS. Where the policy criteria are met, intensification measures that improve the effective use of recreation land and premises will be supported, including extended hours of operation, dual /shared use of facilities, floodlighting, and all weather surfacing. In the rural area, floodlighting will seldom be appropriate because of the adverse effects of light pollution. In the urban area, the design and installation of floodlighting should minimise light spillage, which could cause visual disturbance to neighbouring properties. A planning condition may be imposed to restrict hours of use or to require the use of shielding.

5.111 A new SPD on Open Space may be produced to advise about aspects of design. Such guidance would address standards of access, relationship with the open space network, and relationship with neighbouring areas.

5.112 [No text]

5.113 The second part of the policy seeks recreation enhancement. Where the policy criteria are met, the LPA will not raise an objection to the principle of proposals that comprise one or more of the following:

(a) The creation of a new recreational route, particularly a circular route from a popular location
(b) The provision of additional convenient access to the recreation network
(c) The increased usage of or improvement to the surface or alignment of an existing path, bridleway, or trail
(d) The closure of an existing route where a suitable alternative is made available prior to closure.

Countryside Recreation

5.114 Countryside and coastal recreation are addressed in relevant countryside area management plans. There is an important network of recreational opportunity, based upon the definitive rights of way network and supplemented by areas of open access and specialist provision. The following types of recreation development are expected to locate in the countryside:

(1) Provision for quiet enjoyment (eg picnic sites, parking facilities)

(2) Specialist facilities for noisy sports which serve a wide catchment area

(3) Proposals that extend countryside and coastal access (eg forestry trails, fishing lakes, cycle routes, new parking capacity)

(4) Other necessary recreation and leisure facilities that meet local needs and cannot be located within a settlement because of the lack of suitable space.

Such development will continue to be supported in principle where it is needed.

5.115 The establishment, management, and enhancement of an integrated countryside recreation network will continue to be supported, comprising all of the following:

(a) Westward Ho! promenade (with enhancements)
(b) Coastal and quayside esplanades and beach access areas (with improved tourist and recreation facilities)
(c) Sea access points including slipways, jetties, launch and landing stages, and berthing and mooring facilities
(d) The South West Coast Path (with enhanced coastline access)
(e) Country parks, community woodlands, forest walks, and picnic sites in popular and accessible locations
(f) Nature reserves, heritage landscapes, and open access areas in suitably accessible locations
(g) The public footpath network and green lanes and permissive paths that provide convenient recreation links and circular walks
(h) A comprehensive system of cycleways (incorporating the Tarka Trail, proposed Trail extensions, other proposed routes, and new urban and rural cycle links)
(i) The bridleway network
(j) Inland water recreation areas (with visitor facilities and access points)
(k) Canoe and boat launch facilities at existing accesses to river, tidal, and coastal waters (with improved access for mobility impaired people)
(l) The proposed Bude Canal Trail
(m) Other active recreation facilities (with new and improved access links to the network).

It is recognised that management requires adequate maintenance, supervision, and control in appropriate circumstances. Proposals that extend access in woodlands and on open land including common land, the coast, and moorland will be supported as will the establishment of the South West Forest, community woodlands, permissive paths, access areas, village greens, local nature reserves, and heritage landscapes.

Development and Countryside Access

5.115A Further to the rural and recreation development strategies, additional considerations need to be applied in respect of development in a countryside setting. The LPA needs to ensure that all such development is well integrated.

Policy HSC14A: Access to the Countryside

Where development is granted permission under Policy DVT2C or on the edge of towns and villages it will be expected:

(a) to fit in with the setting in an environmentally acceptable way; and

(b) where possible and reasonable, to demonstrate convenient access to the countryside recreational network of routes and facilities; and

(c) to facilitate the usage of rights of way associated with the site; and

(d) to make good quality alternative provision prior to alteration or closure of any recreational routes affected by the proposal.

5.116 The policy applies to development in the countryside and to development on the edge of towns and villages. It provides that opportunities for enhancement of the countryside recreation network will be explored fully and reasonable enhancements will be sought within scheme designs. Subject to acceptable environmental impact, enhanced countryside access will be sought in popular locations by negotiating improvements to the countryside recreation network in association with new development in the rural area and on the urban fringe. Development in the countryside will be expected to integrate fully with the existing countryside recreation network by incorporating provisions for the maintenance and improvement of any affected footpaths or bridleways and for the development of appropriate network links.

5.116A Impact on the setting may be assessed with reference to important landscape and conservation interests. In assessing planning proposals, particular regard will be had for the recreational route network, the potential of the South West Forest, the level of demand for recreational activities, site accessibility and the relative ease of access for all sectors of the community, the possibility of congestion and the likely effectiveness of visitor management measures, the capacity of the environment to accommodate development on the scale proposed, and the potential for disturbance to local residents or to sensitive wildlife interests.

Horse-related Activities

5.117 The use of land for keeping horses for recreational purposes or for equestrian activities, other than incidental to agricultural or residential use, requires planning permission. Horse-related activities are popular, and pressures for horse-related development are anticipated both in the countryside close to towns and villages and around residential properties in the rural area.

5.117A The following types of development are anticipated:

(1) Change of use of land to recreational use
(2) Stabling and feed storage
(3) Livery
(4) Equestrian centres for ménage, eventing etc.

Potentially adverse impacts on the character of the countryside need to be limited.

Policy HSC15: Horse-related Activities

Planning permission for new horse-related development for non-agricultural purposes will be granted provided that:

(a) it is on a scale appropriate for the purpose and will not create unsightly building clutter; and
(b) the operation is unlikely to be detrimental to the amenity of nearby residents; and
(c) the site is convenient for suitable riding areas where necessary and the access routes can accommodate the additional traffic; and
(d) effluent run-off into controlled waters will be prevented.

5.118 The policy identifies the principal issues in respect of horse-related development. Where building clutter is an issue, the LPA expects that the applicant will have explored the prospects of reusing vacant, underused, or redundant buildings. An alternative may be suggested where the opportunity exists.

5.119 Where new development is justified, the LPA will expect the siting and design to reinforce the pattern of local building development and to respect the landscape setting. New buildings or extensions shall respect the character and the distinctive qualities of the local landscape. Grazing areas and stables must allow access to suitable riding areas where these are required, and the adequacy of the bridleway network to serve proposals will be a material consideration.

5.120 Acceptable schemes will indicate adequate provision for water, feed, and manure storage in association with stabling. The traffic, noise, and odour implications of site operation are important, particularly where there is nearby habitation. Where horse box traffic, horse drawn vehicles, or substantial traffic volumes are likely in association with events, they will be considered in relation to the capacity of the road network, in the interests of highway safety and site access.

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