TDLP PART 1 CHAPTER 3 - DEVELOPMENT AND INFRASTRUCTURE

CHARACTER AND DESIGN

3.74 The LPA recognises the contribution that townscape, landscape, design and use mix can make to the quality of life. Plan policies distinguish between urban and rural character. Special attention should be given to urban design and rural setting, taking into account the nature and built form of proposals in relation to the surroundings. The LPA will place particular emphasis on the need for good design everywhere.

Mixed Use

3.75 The Plan promotes mixed-use development in many locations, in the interests of sustainability, vitality, and accessibility. An appropriate mix of uses can bring vibrancy to an area and site operators may wish to retain versatility that facilitates reuse should premises be vacated. Likely mixes are as follows:

• A vertical mix in the same building
• A horizontal mix juxtaposing related uses on the same site
• Inter-related developments on linked sites.

The aim is to help create vitality and diversity and to reduce the need to travel. The objective is to ensure that a suitable range of mixed-use choices is secured or kept open where appropriate. The District Council is alive to the opportunities and recognises that mixed-use developments in town centres and at other focal points are appropriate. In villages, such development can be more sustainable than that consisting of a single use.

Policy DVT5: Mixed Use Development

(1) Planning permission will be given for mixed-use development where it would relate satisfactorily to the surroundings, create vitality and diversity, and reduce the need to travel.

(2) Appropriate uses for the upper floors of buildings in defined town centres and in village centres will include uses falling within the financial and professional services (A2), business (B1), hotel (C1), residential (C3), and assembly and leisure (D2) use classes, provided that adequate means of access may be secured.

(3) Proposals that would restrict unduly the potential use of floors above commercial premises for the appropriate uses specified or would compromise the viability of a ground floor shop will not be permitted.

3.76 The policy supplements, and is not an alternative to, the other policies in this section of the Plan.

3.77-3.78 [No text]

3.79 Use of the upper floors of buildings in town and village centres will be encouraged, in accordance with the town centre strategy of the Plan. In the interest of town centre regeneration, the District Council will support appropriate commercial, office, leisure, or residential use, where all the general criteria for mixed use are met. Mixed-use retail development may be supported.

3.79A The creation of inaccessible floors above commercial premises as a consequence of ground floor conversion will not be permitted. Conversion proposals that would prevent separate access to upper floors, or unnecessarily limit the range of uses that might otherwise be appropriate, will not be acceptable.

3.80 Juxtaposition of employment and residential uses will be permissible subject to impact on amenity. Development involving a mix of small businesses, offices, or other uses including dwellings or flats above premises may be supported where it would increase activity, secure safety and vitality, and safeguard amenity.

3.81 Conditions or obligations are likely to be used to secure an appropriate mix of uses, and to ensure that complementary parts of a scheme are phased in step. Planning briefs that apply design principles will give supplementary guidance where necessary.

3.82-3.83 [No text]

Local Distinctiveness

3.84 Applicants will be aware that design should be appropriate in the local context. Development needs to respect the character and diversity of the surrounding landscape or townscape. Distinctive characteristics may be described in a relevant landscape assessment or design statement. The historic settlements, the rural area, and the other areas to some extent are characterised by vernacular buildings, which are constructed, sited, and often grouped in a way that reflects their history and original function.

3.85 The Structure Plan takes a broad view of local distinctiveness, applying the strategic principle of conservation both to landscape character and to the townscape of the built environment. Landscape priorities are set out in the landscape conservation policy of the Plan. Area priorities for regeneration and revitalisation are set out in the District Strategy. The objective is to maintain and enhance the locally distinct characteristics of the Torridge towns, villages, and countryside.

Policy DVT6: Local Distinctiveness

Development will be expected to maintain, restore, or enhance the local vernacular and sense of place through appropriate layout, design, materials, and landscaping, with regard to:

(a) the distinctive character of the surroundings; and

(b) the area regeneration priorities ; and

(c) the important attributes and special qualities of the area in which it is located .

3.86 The policy relates development to its setting, with reference to typical aspects of the locality and its sense of place. All development is required to respect the local distinctiveness of its surroundings. The policy provides specifically that development should take full account of important distinctiveness issues for the town, village, or countryside in which it is located. Appreciation of such issues is helped by local character assessments.

3.87 Designated Landscape and Conservation Areas have particularly special qualities and the Historic Settlements are particularly distinctive. These terms are defined in the glossary of the Plan. The Historic Settlements are Appledore, Bideford, Clovelly, Great Torrington, Hartland, Holsworthy, and Winkleigh. Where a proposal may affect the distinctiveness of a landscape, settlement, or area, whether designated or not, the LPA will seek to ensure that its special qualities are reflected.

3.88 The LPA encourages building styles, materials, form, and architecture that collectively can maintain, restore, and enhance local distinctiveness in the District. Development is expected to reinforce locally distinct construction design, materials, and technique where appropriate. Applicants will be expected to devise layouts that fit successfully both with existing buildings and with neighbouring countryside and open space. Local aspects that maintain and support distinctiveness include the following:

(a) The scale of the surrounding development
(b) The built form in terms of street patterns, access arrangements and the grouping and layout of buildings and open space
(c) The distinctive historic or architectural characteristics of an area
(d) The setting of and gateways to settlements
(e) Dominant aspects of the landscape and prominent topographical features.

3.89 Development that would reduce local distinctiveness or diminish the special qualities of an area will not be permitted.

3.90 Restoration or enhancement measures may be required on any of the following bases:

(1) The area priorities for environmental regeneration and economic revitalisation
(2) The landscape priorities for conservation, restoration, and enhancement
(3) Other identified priorities.

3.91 The distinctive elements of local landscape character and the special qualities of the natural and historic landscape are described in the Torridge Landscape Assessment, which is used as SPG. Other assessments also may be adopted for development control purposes. Important distinctive features, settings, skylines, and vistas will be protected. More specialised assessment may be available and prospective applicants may be referred to these where relevant.

Design Statements

3.92 The LPA will need to decide where design statements are appropriate, on the merits of the individual case. Locally determined materials and designs that have given and still give local distinctiveness to individual settlements may be defined in design statements. The District Council is concerned that, with the availability of mass-produced building materials and the standardisation of building designs, alien and /or uniform designs, textures, and colours are submerging local distinctiveness. Types of design statement that may be useful as supplementary design guidance include the following:

(1) Town /urban design statement
(2) Village design statement
(3) Development design statement
(4) Countryside design summary.

Statements may be prepared by Town and Parish Councils, and by applicants /prospective developers. The LPA will aim to adopt such statements as SPDs. Summaries may be prepared by the LPA on the basis of assessments and advice that are already available, including in the form of SPG.

3.93 There is no reason why good contemporary design cannot be accommodated within the terms of the policy.

Design

3.94 The Government is committed to good design. Guidance shifts the emphasis away from acceptable design and on to good design. The form of buildings, structures, and spaces is the physical expression of urban design. Urban design and the design of individual buildings is the most visible public impact of development. Structure Plan policy requires that the quality of the urban environment shall be maintained and improved and that all new development shall incorporate energy saving design features.

3.94A The LPA encourages good design in development proposals. Development needs to be well designed in relation to both function and setting. The aims are to maintain or enhance the quality of the built environment and to achieve an urban renaissance. The District Council will consider committing to produce additional supplementary design guidance.

Policy DVT7: Design Considerations

(1) Development will not be permitted unless it is compatible with the context within which it is set and has taken account of the following aspects of development form: layout, landscaping, density, range of uses, height, massing, and appearance.

(2) The design of development shall have due regard for important aspects of detail and of quality, including incorporation of the following:

(i) Layouts that provide safe and convenient access for all potential users

(ii) Compatible building materials and techniques that harmonise with historic buildings in the locality and respect their setting.

3.95 The policy facilitates implementation of the Structure Plan policies for enhancing the urban environment, local distinctiveness, and conserving energy resources. It follows the guidance provided in 'By Design' published in May 2000 by the DETR. The District Council will encourage proposals that contribute toward the quality of the built environment. Where improvements in design quality will have beneficial results, they will be actively sought. High quality designs that are contrasting yet complementary in terms of style, appearance, materials, and colour will be acceptable.

3.96 Good design inevitably involves a degree of subjectivity. Designs, methods of construction, and materials appropriate to one area may not be appropriate everywhere. Scale, siting, the use of materials, and illumination also are relevant considerations. Design is a priority in areas of high environmental quality. High quality designs will be sought in areas of high environmental quality, such as Conservation Areas, AONBs, and other important areas, and adjacent to Listed Buildings. Outstanding design quality will be required in proposals affecting designated landscapes or Grade I Listed Buildings and in proposals for landmark buildings on rural sites. Elsewhere, design of development should support identified design priorities and, at the minimum, match the quality of the area.

3.97 Where there is an approved design brief, a relevant design statement, or specific supplementary design guidance, appropriate detailed measures will be required, based on identified design principles and /or priorities.

3.97A The District Council recognises the need for supplementary building design guidance. Where a proposal raises an important design issue not addressed in supplementary guidance, the applicant will be expected to submit a design statement. The LPA aims to give advice on design assessment where resources allow. It intends to produce a Building Design Guidance Note as a SPD.

3.98 The arrangements for refuse storage can have implications for the appearance of a development and its impact on an area.

Density, Layout, and Phasing

3.99 The efficient use of land is important to reduce the pressure for greenfield development and to keep traffic growth in check. The LPA wishes to see land within urban areas put to full and effective use, including for open space purposes where necessary.

3.100 Increases in density should not be to the detriment of the quality of the urban environment. The issue of density may be resolved by attention to design.

3.100A The District Council is aware of difficulties in assembling suitable urban development sites, and of difficulties in designing layouts for unusually shaped sites. Applicants are expected to ensure that schemes are designed with a suitable internal layout so as not to prejudice the efficient use of adjoining land. Proposals should maintain adequate separation between buildings and spaces in the interests of privacy and amenity, incorporate usable space with appropriate linkages, and include adequate provision for the efficient development of possible future phases on adjoining developable land irrespective of ownership.

3.101 The need is to design internal site layouts together with necessary highway and open space links in an imaginative way that retains required flexibility without any detrimental effects. The use of spaces left over after subdivision for building plots and other proposed uses needs to be resolved before planning permission is granted. Unusable spaces need to be designed out in the interests of efficiency and amenity. It may be appropriate to link them into the open space /wildlife network, or to add them to an adjoining building plot that is well related. Larger sites may be used for development. Maintenance issues also need to be addressed at the outset.

3.102 Where development is phased, applicants will anticipate the access and service requirements of future phases. There should be no assumption in the absence of express provision that future development, planned or unplanned, will take place in the short term, and an unfinished appearance should be avoided at the completion of each discrete phase. It will not be acceptable to land-lock land within the development boundary, or through inconsiderate or ill-conceived design to restrict potential access in such a way that possible future use is constrained. Where the law allows it is appropriate, the LPA may make use of a condition or obligation to avoid the use of ransom strips within or between development areas in the interest of the proper planning of the area.

High-rise Development

3.103 Multiple storey developments can bring economic benefits to town centres and other centres of activity and can reduce the pressure for greenfield expansion, but they raise design issues. Multiple storey development involving more than two storeys is unlikely to be appropriate outside of the main towns. High-rise development will be out of character in the villages and in the countryside. Where the principle of development involving more than two storeys is established, a mix of uses may be justified.

Safe and Secure Design

3.104 Due regard must be given to safety and crime prevention. To help plan out crime, the Government has given specific advice regarding the design of housing estates, roads, and landscaping. The Devon & Cornwall Constabulary also has given planning guidance on designing out crime. The LPA will act in partnership with the Police to fulfil its statutory responsibility.

3.105 New development should include safety and security measures as far as practicable. The crime prevention measures that need to be addressed to make crime more difficult to commit and to increase the chance of detection are as follows:

• Effective lighting for access routes and storage areas
• Building layouts that allow natural surveillance
• Secure boundaries with gardens and yards that back onto each other, rather than onto roads or footpath accesses
• Short, direct, and convenient footpaths open to view, not bound in by dense shrubbery
• Parking areas in clear view of the areas they serve, where not located within the curtilage
• Adequate community facilities /centres on large housing estates.

Lack of amenities on estates often correlates with a high level of complaints of vandalism and other disturbance. The principles of good urban design implemented through the design policy include security concepts such as the development of mixed uses, the avoidance in central locations of large single use developments where there is a low level of activity outside the main operating hours, and the provision of a wide and varied range of town centre activities that encourage continued use, especially after dark. Continued public presence and observation discourages crime.

3.106-3.107 [No text]

Access and Equal Opportunity

3.108 Good design is needed to avoid potential sources of discrimination against people who are without access to private car transport or who have mobility or access difficulties and special needs. The Plan promotes accessible development. The allocated development sites are located close to public transport routes. Cycleways are being designated and pedestrian routes that connect to existing routes are being encouraged. Integrated estate layout is promoted.

3.109 Disabled access is dealt with by the Building Regulations. The design of buildings with public access must include appropriate specifications for disabled access, with lifts where access to more than one floor is necessary. Where public access is a priority, such as into and out of car parks, shops, and other public buildings, steeply inclined and stepped access ways must be designed out where practicable. The use of tactile floor materials at access points may be needed to improve accessibility for the visually impaired.

Traditional Materials

3.110 The use of materials traditional to the District, such as cob, thatch and wood from renewable sources, may require sympathetic construction techniques in the interest of building conservation, but it contributes to energy conservation as such materials have good thermal retention properties. Materials and building styles that reinforce, without necessarily emulating, local traditional materials and construction methods are supported.

Energy Conservation and Design

3.111 The Structure Plan requires the energy implications of all new development to be taken into account. The design and layout of new development is expected to minimise direct and indirect energy consumption by incorporating energy saving features.

Landscaping

3.112 Landscaping is regarded as a discrete component of a planning application, meriting a separate policy. There is a need for landscaping to maintain, restore, and enhance environmental quality and to maintain sense of place.

3.113 Trees generally have amenity and nature conservation value. They can enhance the landscape and provide screening and softening of unsightly or intrusive structures. Statutory duties provide for the protection and planting of trees. The protection of trees is enabled by a special power to make Tree Preservation Orders (TPOs) on specifically identified trees or woodlands that are particularly important or under threat, and by a special duty to make adequate provision for preserving and protecting trees where granting planning permission. Modified tree preservation controls apply in Conservation Areas.

3.114 A register of those trees and woodlands in the Plan area that are protected by a TPO is available for inspection. An Order makes it an offence normally to wilfully damage or destroy, or to fell, top, lop, or uproot a tree without the consent of the LPA. Further TPOs will be made where appropriate, particularly where good trees are threatened by development.

Policy DVT8: Landscaping

(1) A landscaping scheme will be required wherever the provision of landscaping would enhance the development in the interest of public amenity.

(2) Such a scheme will be expected to take the following into account:

• protection of existing landscape features
• provision of a diversity of species, with a minimum of 75% of the planting being broad-leaved or locally occurring species
• wildlife interests
• visual and screening impacts
• long-term maintenance
• implementation programmes that achieve the aims of the landscaping effectively and expeditiously.

3.115 The policy highlights important aspects of landscaping that need to be addressed in the interests of amenity and conservation, in addition to the appropriate detail of species, mix, density, maturity, medium, timing, and phasing of planting that is required. Where necessary, proposals for development shall be accompanied by a landscaping scheme of a quality and type suited to the development and its setting, which may include banking and physical land forming. Inappropriate or inadequate landscaping will not be acceptable. Advice on landscaping within an urban context will be incorporated into the proposed Building Design Guidance SPD. Tree planting is encouraged where appropriate in new developments and may be required by the imposition of conditions.

3.116 The Structure Plan provides that where development takes place, soil should be conserved and reused. In greenfield and brownfield developments respectively, landscaping schemes may be required to specify the conservation and import of topsoil as appropriate. Based on the local landscape characteristics and priorities, landscape restoration or reinforcement will be required in association with development on despoiled sites, in degraded landscapes, and in edge of settlement and rural settings. In built-up areas, landscaping measures should be based on urban design principles. Requirements may be identified in design statements.

3.117 The protection and planting of trees will be relevant to amenity, conservation, or mitigation on many development sites. Structural planting will be sought on all new estates. Species range and composition can affect amenity and wildlife interest. Emphasis will depend upon location and setting. Any new screen planting required will be expected to create a satisfactory landform relationship, with reference to a relevant landscape or afforestation strategy and subject to the principles of good landscape design. Early implementation may be secured by planning condition /agreement.

3.118 Where planting or replanting takes place, a high proportion of native broadleaved species may be required, in view of landscape impact and value to wildlife. A diversity of ages of composition may be achieved by requiring the following:

• a suitable age mix incorporating whips, saplings, and standards as appropriate; and
• phased planting, concentrating on the structural element as a priority.

New planting has the potential to create new areas of nature conservation interest. In urban areas, the opportunities for wildlife areas will relate primarily to new planting in association with open spaces and wildlife corridors.

3.119 The creation and maintenance of Devon hedges and structural tree planting will be encouraged. The use of inappropriate species will be resisted. The use of native species in the rural area is important. Lombardy poplar ( Populus nigra ), the large cypress ( Cupressus macrocarpa ), quick growing conifers (Cupressocyparis x leylandii ), and such varietals will not be appropriate as a key element of structural planting schemes in Torridge. These non-native and visually dominant species have been overused in the past and will be considered inappropriate, particularly for screen planting along boundaries. In urban areas, some introduced species, especially shrubs such as berberis and cotoneaster , may need to be used because they are durable and in some places less prone to vandalism. A hard landscaping component may achieve this objective but must also be suited to the location.

Woodland and Boundary Features

3.120 There is a need to create new woodlands in the interests of biodiversity and sustainable forestry. New planting will be promoted where appropriate. Major new planting should respect landform. Where new landscape features are created, these should be in harmony with landscape character. The South West Forest Project is supported and its potential is referenced in the relevant parts of the Plan.

3.120A Wherever the District Council may influence the visual impact of tree planting, it will promote the principles of good landscape design to ensure that planting:

• relates well to adjacent buildings and land uses; and
• avoids unnatural linearity, regularity, and geometric patterns or shapes, and becomes irregular close to water; and
• is of a scale and texture appropriate to the landform and landscape character; and
• does not detract from the visual significance of important landscape and heritage features or have a detrimental affect on sites of significant nature conservation value.

3.121 Tree planting provided as an integral part of a development scheme, or through assisted environmental projects, will be subject to scrutiny by the relevant authority. In cases where planning control is not exercised, the District Council will fulfil an advisory rôle where advice is sought. Reference will be made to relevant landscape characteristics and priorities and to biodiversity targets. Species requirements may be introduced in the interest of landscape conservation. Preference will be on the basis of relevant conservation priorities and targets.

3.121A Boundary hedgerows, walls, and banks were created for land enclosure purposes all over England. The Devon hedgebank is locally distinctive and defines local landscapes. Many contain trees and diverse flora and fauna. Some can support protected species. Some contain important archaeological remains, form part of an archaeological site, or are archaeologically important in their own right. Collectively, they fulfil an important amenity and conservation rôle and individually, the heritage that they represent can be a valuable asset. They can continue to benefit agriculture and the rural economy where adequately maintained or effectively restored. They can act as corridors linking important wildlife areas and they enable the dispersal and genetic exchange of species.

3.121B The Government has defined important hedgerows and requires their removal to be regulated. Hedgerows consent is a separate matter.

3.121C There is a need to retain distinctive boundary features where they are visually prominent or important. New boundary features are needed to integrate development into its local setting.

3.121D Boundary treatment is an important component of a landscaping scheme. Suitable provision will be considered on the basis of design principles and landscape priorities. Where planning permission is required, the loss of important features will not be permitted. Appropriate restoration measures may be secured as an integral part of development.

3.121E Where permissible development affects natural boundaries, landscape treatment will need to reflect the local character. Distinctive boundary features include the following:

• Old hedgebanks that predate the parliamentary enclosures
• Features that form parish boundaries
• Native species rich hedgerows important for nature conservation because they contain or support protected species
• Other hedgerows important in the landscape because of their historic, archaeological, wildlife, landscape, or amenity value.

Landscape interest will be determined with reference to their contribution to local character and distinctive field patterns. Development that would lead to a significant reduction in the variety of boundary features will not be permitted.

3.121F Proposals that affect boundaries important for nature conservation will need to be considered against the relevant conservation policies of the Plan.

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