TDLP PART 1 CHAPTER 3 - DEVELOPMENT AND INFRASTRUCTURE

3.1-3.6 [No text]

SETTLEMENT STRATEGY

3.6A There is a need to implement the countywide development strategy set out in the Structure Plan First Review, with regard to the regional policy for development in rural areas. Settlement policy is needed to facilitate acceptable development in appropriate locations and to prevent ad hoc proposals from undermining the general provisions of the development plan, in the interests of sustainable development, settlement self-sufficiency, and countryside protection.

District Settlement Strategy and Rural Vision

3.7 The Plan establishes a settlement hierarchy that accords with the Structure Plan and has regard to the regional planning guidance.

3.8 The District Council believes that the countywide strategy can best be implemented by extending the strategic hierarchy of Strategic Centres locally, to include the network of villages that provide local services and need to continue performing the rôle of rural service centres. It has a rural vision that such rural communities below Local Centre level will continue to thrive and may be sustained by modest village growth. The local settlement hierarchy for the purpose of this Plan is set out in Figure 2.

Figure 2: District Settlement Hierarchy

3.8A The hierarchy establishes the rôle of different settlements in providing for new economic, housing, service, and other development. The explanation of rôle is based on the Structure Plan and, in respect of villages that need to provide local services, the regional housing policy. There is a network of such centres throughout the District (Figure 3) .

3.9 A main centre and a hierarchy of Area and Local Centres are established in the Structure Plan.

3.10 Established villages that provide local services can play an important rôle in promoting the self-sufficiency of rural communities, and rural settlements may continue to provide a focus for such services. Outside of the Local Centres, new development in the rural area should be located in Villages. Development in rural settlements should be restricted to that which is aimed at meeting local social and economic needs.

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Figure 3 - Identified Settlements in Torridge

Strategic Centres

3.11 Strategic Centres comprise the top three tiers in the hierarchy defined in Figure 2 of the Plan. Bideford /Northam is the principal centre for development growth, as identified in the Structure Plan. Towns that meet the criteria for Area Centres, as set out in the Structure Plan, can accommodate some growth and will be focal points for new development.

3.12 [No text]

3.13 Certain villages meet the criteria for Local Centres, as set out in the Structure Plan. The assessment that identified such centres is summarised in Appendix 1 of the Plan. The Local Centres also have a strategic rôle, as service centres.

3.14-3.31 [No text]

3.32 The aim is to secure a level of employment, housing, and infrastructure development opportunity that reflects the range of facilities in and the accessibility of such strategic centres. The objectives are to achieve appropriate service levels, to more closely relate the location of housing with the availability of employment, and to integrate infrastructure provision, in an environmentally acceptable way.

3.33 Settlement growth should be guided to the centres. In this context, development boundaries are defined to contain allocations that meet the strategic development requirements of the Structure Plan and relate well to other development opportunities. Individual employment and housing allocations are accounted for in the development schedules.

Policy DVT1: Development in Strategic Centres

(1) Development will be permissible within the development boundaries of the Strategic Centres defined on the Proposals Map and listed in Schedule A, provided that it is of a nature and scale consistent with the function and character of such Centres and their capacity to provide necessary infrastructure.

(2) In the Local Centres listed in Schedule A, development shall be in keeping with their rural character.

Schedule A

STRATEGIC CENTRES IN TORRIDGE

Principal Centre

Bideford (including East-the-Water) /Northam /Appledore /Westward Ho!

Area Centres

Great Torrington (with Taddiport)

Holsworthy

Local Centres

Bradworthy

Halwill Junction

Hartland (including Hartland Cross and Eastdown)

High Bickington

Shebbear

Winkleigh

3.34 The Schedule is part of the policy. The Area and Local Centres are selected on the basis of criteria set out in the Structure Plan. The policy relates to development within the defined boundaries of the Strategic Centres. The development boundaries contain both the development allocations needed to meet strategic requirements and other development opportunities, in locations well related to the centres of activity. They help to implement the settlement strategy and to protect the countryside, providing a firm framework for development growth and a focus for the provision of supporting infrastructure.

3.34A Function is defined by form and by rôle ( Figure 2 ). Infrastructure is defined in the glossary of the Plan.

3.35 The Structure Plan provides that infrastructure needs to be considered in the context of settlement self-sufficiency. There is a need to strike a balance between new development and necessary infrastructure provision, within the constraints referred to in the Plan. The Plan promotes this balance through site-specific proposals. The LPA will not permit development that would undermine the balance or prejudice the proposals.

3.36 The District Council recognises that the pressure for development will be greatest on open land, including on the urban fringe. No significant release of new development land outside the defined boundaries is anticipated during the life of the Plan.

Other Settlements

3.37 New development outside of the Local Centres should be located in existing settlements. In accord with the settlement strategy, it should help to meet local social or economic needs in villages.

3.38 The aim is to support local services and promote economic diversification in villages where that would help sustain rural communities without reinforcing dispersed settlement patterns. A subsidiary aim is to secure the efficient use of land and buildings in the interest of resource conservation. For these purposes, certain Villages have been identified by rural settlement assessment ( Appendix 1 ). Where new development is facilitated in such villages, it should be based soundly on an up to date knowledge of the community facilities available and must have regard to the settlement character. The objectives are to relate the scale of development to local character, to constrain housing development by the capacity of supporting infrastructure, and to facilitate necessary local service provision with due regard to the strategy.

3.38A The Rural White Paper explains that in the rural area there is a need to balance the provision of additional affordable and market housing, ideally on a one for one basis. Where modest additional housing development can be allowed to take place, it should seek to improve the tenure mix by addressing local needs as far as possible. It should both meet the policy aims and help meet the housing needs of rural communities. The LPA will promote new development in pursuit of the policy aims, by targeting rural housing development that will help to meet community requirements . Some villages are not places where the local service rôle of the village network would be assisted by more new housing.

3.38B All of the rural settlements assessed have a rôle as a community focus, and may provide valuable services and facilities. Settlements with relatively few or no local services are not identified as part of the network of Villages. Development in such settlements should be restricted strictly to that which is aimed at meeting purely local social or economic needs. In this way, community identity may be sustained without reinforcing dispersed settlement patterns.

Policy DVT2: Development at Rural Settlements

(1) Outside the Local Centres, new development in the rural area should be located in existing settlements, where it must be in keeping with the form, character, appearance, and setting of the settlement.

(2) At the Villages identified in Schedule B, such development will be limited to that which seeks to address local social or economic needs.

(3) At the rural settlements not identified in Schedule B, such development will be limited strictly to that which is essential for meeting identified local social or economic needs.

(4) Additional housing in rural settlements will be restricted to a modest scale, provided that it is compatible with the past pace of settlement growth and the requirement for development restraint, and it must:

a) wherever possible, provide a mix of housing types that addresses the housing need of the rural community; and

b) either meet the community need for infrastructure as far as possible or provide support to local services that otherwise could become unviable.

Schedule B

VILLAGES IN TORRIDGE

3.38C The Schedule is part of the policy. The LPA will seek to provide for and support local services without reinforcing the dispersed pattern of development. The Villages provide important local services, and modest growth may be needed to help meet local needs.

3.39 Development must respect its surroundings and be well related to the settlement, while helping to meet the economic and social needs of the community. The policy provides scope for meeting local housing and other community needs. It provides an appropriate degree of flexibility.

3.40 The second part of the policy relates only to the identified villages, while the third part relates to all others. Hamlets without community services and land away from settlements are treated as open countryside and subject to Policy DVT2C. Land 'in' a settlement includes both previously developed land and infill land. Land 'at' a settlement also includes small-scale rounding-off.

3.41 Infill, conversion, redevelopment, rounding-off and /or extension of the built-up area may be permissible in appropriate circumstances. Sporadic or ribbon development that is not in keeping will be resisted in the interests of countryside protection and local character. The terms used are defined in the glossary of the Plan.

3.42 [No text]

3.43 The policy is not likely to lead to the release of large areas of land for development, and development that would affect the function of a higher order Centre in the settlement hierarchy will not be permitted. The impact of the policy will be to implement the rural vision.

3.43A The policy enables development in settlements where there is a community need for services. New development that seeks to address local housing needs may occur on a modest scale on small village sites. Where new housing development is justified, infrastructure will be negotiated with reference to national advice on the proper use of planning obligations.

3.43B The countywide development strategy requires that past build rates in the rural area be maintained or, in the Area of Constraint, reduced. Accordingly, the rate should be constrained in the coastal parishes. In the rest of the rural area, the past rate should be maintained. Parish build rates will be included in a SPD for Villages. Past rates are only a guide to the pace of growth and will need to be interpreted in relation to local circumstances, particularly where there is more than one settlement in a parish. The policy test of scale allows the LPA to take full account of cumulative impact and can prevent high village growth due to excessive incremental expansion. The LPA will apply the test rigorously and it will monitor the impact of village development on the development land supply and on local services.

3.43C The Villages SPD will provide growth targets for rural development that would help meet community needs. It will provide an interpretation, by settlement, of the implications of accommodating modest growth in Villages where needed. The scope for growth in small settlements is very restricted and the total amount of new housing development in the rural area outside Local Centres is unlikely to be more than 10% of the strategic requirement for the District. In accord with the aim, growth should provide affordable housing that meets the housing need of the rural communities. Additional housing on small sites may occur only where that would help to meet community needs. The release of new land for greenfield development is limited strictly to circumstances where it is necessary for meeting such a need, and where that need otherwise would not be met.

3.44 The policy requires particular local needs to be demonstrated and, importantly, requires that local characteristics shall be taken into account. The provision of accessible services is an important local social or economic need. Parish Councils and service providers may identify local needs. A local need is demonstrable where it has been identified on the basis of documented evidence resulting from a service assessment for the relevant community, village, or parish catchment area. Such assessments will need to be agreed by the District Council.

3.44A The District Council encourages Parish Councils to identify local social and economic needs comprehensively in a Parish or Village Appraisal. The need to develop or sustain important local services may be agreed by the District Council. An appraisal or service assessment may be adopted as a SPD. In determining a proposal for service provision, the LPA will take into account all of the following:

(i) The aims of the Plan
(ii) Relevant service assessments
(iii) Local development constraints
(iv) The cumulative impact of development on the rôle and function of the settlement and of neighbouring centres
(v) The alternatives.

A relevant assessment may be included in a parish or village appraisal that has been adopted as a SPD. Where there is no prior assessment that identifies the community need for the service, a new assessment will be expected in support of the proposal. There should be no better alternative.

3.45 It will be necessary to demonstrate how the development would address identified local social or economic needs.

3.45A The policy for additional housing will operate to address local needs as far as possible, providing for affordable housing and supporting local services where necessary. It will not be operated in a way that encourages speculative housing to secure service provision. Additional housing may be justified where this is the best solution to the provision of accessible services.

3.46 Development on a scale that would cause a significant increase in commuting will not be appropriate. Schemes that provide for new housing on greenfield land will be obliged to demonstrate that such development is essential to sustain important local service provision. Important local services comprise:

• A primary school
• A community hall within walking distance of the village
• A village store selling convenience foods
• A post office facility
• A serviced employment site of at least 0.4 hectares
• A public house
• A full sized playing pitch with changing facilities, in secured community use.

Where needed, new housing may facilitate the provision of facilities such as a hall, a serviced pitch, or a serviced employment site. Where a scheme seeks to sustain an important service, the applicant will be expected to provide full costings and an assessment of the alternatives.

3.47 The policy promotes the provision of local services in Villages, and it enables development in other settlements where essential to meet an identified need. It is anticipated that services will be developed where essential to improve the service network and to provide reasonable community access locally.

3.48 The policy enables new employment development in, or on the immediate periphery of, rural settlements where necessary to meet the needs of the local workforce. Such needs may be demonstrated by an appropriate economic survey of the community to which such development would relate. It is envisaged that an assessment of economic and social need for different types of employment development, such as community workshops or diversification schemes, could be determined as part of a Community Appraisal.

3.49 Policy HSC6 makes exceptional provision for new housing development. It may enable the community need for rural housing to be met. Where there is evidence of such need that the LPA considers will not be addressed under the terms of Policy HSC6, provision may be cross-subsidised by market housing but the additional policy tests must be satisfied. The housing targets may be developed in the Villages SPD.

3.50-3.51 [No text]

DEVELOPMENT IN THE COUNTRYSIDE

3.51A The aim is to protect the character and appearance of the countryside while allowing for sustainable economic activity. The Government guidance strongly favours conversion of buildings to be restricted to business use, encouraging economic diversification and a mixed rural economy. The LPA gives priority to the conversion of rural buildings to employment rather than residential use. The priority to be given to employment generating reuses is addressed also in Policy DVT2. The term countryside is defined in the glossary of the Plan.

Development in the Open Countryside

3.51B In the open countryside outside the rural settlements, development should be controlled strictly, in accord with the Structure Plan. A positive policy is needed for economic activity that respects the countryside.

Policy DVT2C: Development in the Open Countryside

(1) In the countryside away from the villages development should not detract from the character and appearance of the area .

(2) Subject to the above general consideration, the following types of development will be allowed :

(a) the conversion of a previously used building or a redundant agricultural building for employment reuse;

(b) agricultural, countryside recreational, and /or identified types of tourist development and /or other development that is related to appropriate farm diversification;

(c) the alteration, improvement, redevelopment and /or minor extension of a building for purposes directly related to its established use;

(d) the provision of small scale rural business developments and other local services and /or utilities for which there is a proven need.

(3) Residential conversions will not be permissible unless the building is of architectural or historic interest, every reasonable attempt has been made to secure business reuse, and the site is not suitable for self-catering holiday occupation.

3.52 The creation of jobs is a priority in the area as a whole. Conversion for residential purposes is less favoured than conversion for commercial purposes. The policy facilitates farm diversification but the creation of living accommodation ancillary and subordinate to business reuse is not likely to be justified as an exception to the policy.

3.52A The types of tourist development are identified in the Structure Plan. For ease of reference , the types identified in the Structure Plan, where applicable to the Torridge rural area, are set out in the tourist development section of the Plan . The types of development related to farm diversification are advised in Government guidance. Types of non-agricultural development may include food processing and packing or machinery workshops, farm shops, and farm sports.

3.52B Where building reuse or replacement is permissible, the policies that follow in the next section of the Plan also will be applied.

3.52C [No text]

3.52D Small scale rural business development may be needed to reduce the need for long distance out-commuting from villages to jobs in urban areas.

3.52E [No text]

3.52F Where no change of use is proposed, a replacement building in the countryside may be permissible as an improvement. Demolition and replacement may be acceptable where, for example, the building is structurally unsafe or it lacks basic amenities and is not suitable for repair or alteration, either because it is uneconomic to do so or because the building is unsightly.

3.52G The replacement of an abandoned dwelling is not permitted by the policy. Abandonment depends upon the length of time the building has not been lived in and whether or not the use has subsisted.

3.52H The policy does not justify the redevelopment of temporary forms of accommodation, of ruins, or of derelict buildings or the replacement of holiday or seasonal accommodation.

Reuse of Rural Buildings

3.52 I The difficulty of securing appropriate uses for disused or redundant buildings is acknowledged. Where a building has reusable workspace, the LPA supports commercial (business or tourism) reuse. Exceptionally, where such buildings are of historic or architectural interest, a residential conversion may be permissible. The Structure Plan makes such provision. A presumption that conversion of buildings for residential purposes will be permissible in the countryside is not justifiable. A high level of residential conversions inevitably is unsustainable. The take-up of planning permissions for reuse and the type of use provided will be monitored.

3.52J Where a building has become dilapidated or ruinous, or where premises are otherwise neglected, there may be the prospect of an eyesore. Should land or buildings become an eyesore, the District Council will consider appropriate action in the interest of amenity, conservation, or public safety. Building restoration, or demolition and land reclamation, will be encouraged where benign neglect would not be in the public interest.

Residential Conversions in the Countryside

3.52K Residential conversions are granted only exceptionally. Buildings of architectural or historic interest are a valuable resource. Where reasonable marketing fails to establish demand for a commercial use of such a building, it is appropriate to consider other uses in the interest of conservation. These are the only likely circumstances under which a change to residential use by conversion may be acceptable in the countryside.

3.52L A proposal for the residential conversion of a building in the countryside should be accompanied by:

(a) a statement that demonstrates that the building has architectural or historic interest; and either
(b) an assessment that shows that the site need not be reused for business purposes or identified types of tourist development; or
(c) documented evidence of up to one year of comprehensive marketing.

The requirements encourage early evaluation of building assets and promote economic diversification. In individual circumstances, they may be varied by the LPA with regard to the views of the local Parish Council.

3.52M Initial assessments that show a commercial use is not realistic are frequently open to dispute. The LPA favours a reasonable marketing approach over such inconclusive assessment. The assessment would need substantive evidence showing that the existing, immediately previous or alternative permissible uses are not a viable proposition. Premises may be marketed in a variety of ways. It may be useful to include information about marketing effort as part of an assessment.

3.52N The LPA will not consider non-assessed proposals for residential conversion favourably unless the marketing effort is documented. The LPA will not regard marketing effort as adequately active and reasonably effective unless the site has been placed widely on the open market on reasonable terms continuously throughout a minimum marketing period. Terms on offer should include all of the following:

(i) The premises being available for purchase as freehold /leasehold
(ii) A price that reasonably reflects its market value, consistent with an independent valuation for property of its age and condition
(iii) The availability of the site as workspace, unencumbered by restrictions, subject to any necessary consents
(iv) The promotion of business reuse, including reuse for tourist development subject to planning permission.

Where no assessment has been undertaken, the minimum marketing period must reflect the seasonality of employment investment. The exact period will be determined by the LPA, with reference to the buoyancy of the market. Evidence of marketing effort will be assessed flexibly, depending upon the merits of the case.

3.52O Where there is an occupancy condition or a planning obligation that in effect ties the occupancy of residential accommodation to the initial and subsequent operation of a rural business, planning permission to create a separate house by severing the residential accommodation from the business use will not be granted unless the building is of architectural or historic interest, and a commercial use cannot be found.

Rural Building Conversion or Replacement

3.53 The LPA receives many proposals to convert or redevelop buildings in the countryside, some of which involve adaptation or replacement. Such changes, as well as being subject to the above policy are subject to supplementary design policy that applies the principle of conservation established in the Structure Plan.

3.54-3.56 [No text]

Rural Building Conservation and Adaptation for Reuse

3.57 The scale and character of a rural building and its relationship to settlement and landscape character are important considerations in the interests of countryside protection and environmental conservation. The objective is to secure an appropriate form of development that:

• is in scale with the location; and
• retains the important features of buildings that are sensitive to change; and
• protects the countryside from intrusion.

Traditional local building character is important for the built heritage it represents. It can be an economic asset, particularly in those parts of the District where there is untapped tourism potential.

3.58 The District Council believes that inappropriate development, if unchecked, could gradually erode the distinctive character of the countryside. Landscape assessment has identified this process as a local issue. Modern buildings can complement the rural scene but experience shows that all too often aspects of their siting, design, and appearance have introduced alien features that would be more appropriate in a built-up area or in another part of the country. Policy is needed to help reverse the trend.

3.58A The key tests for rural building conversions in the countryside are contained in Government guidance. Suitability for conversion depends upon the condition of the building and the operational requirements of the use proposed. Although most buildings will have been purpose built with a particular use in mind, it is recognised that many may be physically capable of modification to suit a range of alternative uses. Not all buildings will be in a suitable state for conversion. Where an original use that justified the construction of temporary buildings has ceased, they may more suitably be removed.

3.59 [No text]

Policy DVT3: Building Conversion in the Countryside

(1) Conversions and changes of use in accordance with Policy DVT2C will be allowed only where:

(a) the original building is in demonstrably sound condition structurally; and

(b) the form, bulk and general design are in keeping with the surroundings; and

(c) important elements of original vernacular architecture and aspects of distinctive design are retained, without extensive changes; and

(d) a curtilage for ancillary purposes and any necessary means of enclosure can be created without adversely affecting the setting; and

(e) provision is made where reasonable for protected species which might inhabit the building.

(2) A planning condition will be imposed removing permitted development rights where necessary to exercise control over further development and ancillary buildings.

3.60 The policy applies where Policy DVT2C permits change of use. A building proposed for conversion is expected to be permanent and capable of conversion without the need for extensive demolition and rebuilding.

3.61 [No text]

3.62 Structural soundness must be demonstrable. A proposal for the conversion of a dilapidated building may need a building report, to indicate how the original building can be made sound and to make clear the extent of rebuilding. Where the condition of the building is suspect, the District Council may request an independent building condition report. Some re-roofing and rebuilding may be acceptable but, where the integrity of the walls of the original building is prejudiced, the building is not suitable for conversion.

3.63 A planning permission for conversion will be invalidated by demolition. A conversion that requires extensive demolition and rebuilding will be treated as redevelopment, which needs to be considered in the context of the next policy of the Plan.

3.64 Important design considerations for traditional buildings are set out in adopted SPG on the Conversion of Traditional Rural Buildings. The SPG is under review and will be updated and produced in a SPD. Policy constraints may limit design options but it is not the purpose of the policy to prevent the adaptation of buildings that are suitable for reuse in principle.

Building Extension and Alteration

3.65 In the case of a residential conversion, the policy takes precedence over Policy HSC4, which will not apply.

3.66 Where a building is to be altered, the objective is to ensure that form, bulk, and general design are in keeping with the surroundings. Extensions will be expected to maintain a scale suitable for the location.

3.67 Where an extension that is reasonably necessary to meet contemporary operational requirements is well designed, it is unlikely to have the capacity to impact adversely on the rural character. In the case of a residential conversion, an extension that is reasonably necessary to provide for contemporary living standards only (eg kitchen /bathroom /porch extension) is likely to be acceptable in principle. Larger extensions (eg living rooms /bedrooms) may be justifiable in relation to building form, character and landscape impact, but not on the grounds of growth in household size.

3.68 Substantial extensions that would prejudice the form or appearance of a traditional building, or be out of scale, are unacceptable. Individual extensions that would increase the volume of the original building disproportionately, or that would change its character detrimentally, are unacceptable.

3.69 Where general permitted development rights for the use proposed would not be appropriate to the original building, they will be removed to prevent over development or change of character in the interest of amenity. This is general practice for the conversion of traditional rural buildings in the countryside.

Rural Building Replacement

3.70 Where a use is established, improvement may involve replacement, which first requires demolition. Planning permission for demolition and for redevelopment is not automatically granted. It will usually be an option only in respect of dilapidated or obsolescent buildings that are not temporary structures and not of conservation interest. Buildings that become obsolescent or outgrow their usefulness may be improved by redevelopment.

3.71 Policy encourages reuse rather than redevelopment. The impact of rebuilding must be constrained in the interests of countryside protection and environmental conservation, because of the potentially undesirable effect of new development on local character.

3.71A The aim is to protect the open countryside from unnecessary building and, where feasible, to conserve the investment in resources that existing buildings represent.

Policy DVT4: Replacement Buildings in the Countryside

(1) Redevelopment in accordance with Policy DVT2C will be allowed only where the building is located appropriately and of suitable scale in relation to its surroundings, and the proposed buildings would not be more intrusive in terms of form, appearance, siting, or scale than the building(s) to be replaced.

(2) Any necessary means of enclosure should not be visually obtrusive, and provision may be made for replacement habitats for protected species that might have inhabited the original building.

3.72 The policy allows only for the replacement of permanent buildings, which may be physically or functionally obsolete. It addresses design issues and ensures that overall impact may be controlled adequately.

3.73 In principle, the buildings should meet the Government's criteria for replacement and should be consistent with the principles of building reuse, taking account of the relevant considerations set out in Policy DVT3. The buildings should have sufficient capacity to accommodate the proposed use on the scale envisaged. The LPA will refuse proposals that are out of scale with or otherwise incongruous with their surroundings, bearing in mind that where housing is replaced, unlike conversions, the residential extensions policy may apply.

3.73A The replacement shall be built on or close to the original foundations, unless there is a less visually intrusive or more suitable site within the previously developed curtilage. Where a replacement is built on a different footprint, the original building must be removed and the site reclaimed.

3.73B The test of form applies to the height, massing, and footprint of the buildings. Design will be controlled in relation to the surroundings.

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