TDLP PART 1 CHAPTER 3 - DEVELOPMENT AND INFRASTRUCTURE

OPEN SPACE

3.121G The Structure Plan provides that the urban environment shall be enhanced and that the provision and retention of open space will contribute to its quality. Open space s tandards are expected to help secure adequate open space provision. There is a need for standards to meet the community need for open space and to meet sport and recreational needs. The basis for standards is explained in the land use planning policy statement on behalf of sport published by Sport England, and in Government guidance. More detailed aspects of recreational play provision in new development are addressed in the sport and recreation section of the Plan (Chapter 5).

3.122 The need for open space extends beyond provisions for sport and recreation. Communities benefit from parks and landscaped amenity spaces within walking distance of homes, and from reasonably convenient access to countryside recreation and natural greenspace. Open space of different types can have different uses. Most types of open space can provide opportunities for recreation and for nature conservation. Wherever open land is valuable as accessible open space or has the potential to help meet a community need for open space, it should be protected for such use . In the more densely and intensively developed settlements in particular, open spaces are valued as a recreational and amenity resource for visitors to and residents of the District. Such spaces form a network that contributes to the local character and amenity of the District and its neighbourhoods.

3.123 The LPA recognises that different types of open space are needed to contribute to the provision of leisure facilities. There is a need for a balance of open space provision to provide for a range of different activities and demands and a need to protect strategic links in the open space network. Annex 5 to the Plan contains the results of a preliminary audit of open space. It also contains information on recreation facilities. The audit is incomplete. As new information becomes available it may be updated in a SPD. The level of provision within the District generally does not meet the minimum standards recommended by the National Playing Fields Association (NPFA). Policy is needed to protect and to provide for the enhancement of such open space in accord with new local standards that reflect the community need for open space.

3.123A Open space of public value forms a network, comprising several types of leisure provision. The District Council has approved a new draft leisure typology that includes each such type. It is set out at Annex 6A to the Plan. Valuable space may include allotments, disused burial grounds, and private space and facilities. Such types may provide an acceptable alternative to more formal types of provision. To some extent, a deficiency of one type may be mitigated by the presence of another. In principle, the main types should be provided and may be protected, in accord with a local standard, on the basis of community need.

3.123B The District Council has set interim targets for the provision of recreational play facilities, to enable necessary development to proceed in circumstances where it would be unrealistic to expect recreational play standards to be met. The targets, which are set out in Annex 6B to the Plan, may be reviewed periodically.

Policy DVT9: Open Space

(1) An open space network of sites and links will be protected where necessary to meet community needs, with reference to the standards in Schedule C and to the distinctive characteristics of the area.

(2) Planning permission for development of accessible open space or other open space of public value will be granted only where:

(a) associated with leisure or recreational use; or
(b) the area is replaced by area(s) of at least equivalent value; and
(c) the network is thereby enhanced.

(3) Planning permission for development of the open space defined on the Proposals Map as amenity land will be granted only where:

(a) the open character is retained; and
(b) the amenity value will not be diminished significantly; and
(c) the land is not suitable for any other type of open space that would help to meet community needs.

Schedule C

ACCESSIBLE OPEN SPACE STANDARDS

Minimum Standard

Depending on the population profile of the locality concerned, a total standard of 2.6 hectares per 1,000 population should be met by an aggregation of types of space within the defined ranges.

Breakdown of the Standard

A Children's Use [within 400 metres]

1. Casual or informal playspace within housing areas:

0.4 - 0.5 ha (1 - 1.25 acres); plus

2. Outdoor play areas for children of whatever age; or
Other play space for children, which offers specific opportunity for outdoor play:

0.2 - 0.3 ha (0.5 - 0.75 acres).

B Youth and Adult Use [within 1,000 metres]

Formal space for pitches, greens, courts, and training areas that are -

• in secured community use other than within the education sector (ie under public control at county, district, or parish level); or
• within the education sector and as a matter of practice and policy available for public use; or
• within the voluntary, private, industrial, and commercial sectors and serving the leisure time needs for outdoor recreation of their members or the public:

1.0 - 1.4 ha (2.5 - 3.5 acres).

C General Use

1. Informal space laid out for public use, with landscaping, footpaths, and seating [within 400 metres]:

0.2 - 0.35 ha (0.5 - 0.9 acres); plus

2. Formal park or garden [within 1,000 metres]:

0.2 - 0.45 ha (0.5 - 1.1 acres).

Application of the Standard

The LPA expects that:

• community use will be secured by agreement where necessary; and
• the minimum standard for children's use will be met at all times and in all circumstances where new development is intended for occupation by families with children; and
• the minimum standard for youth and adult use will be met as far as possible for all new housing development; and
• where for reasons of land scarcity the minimum standard for youth and adult use cannot be met in any given area and an allocated site needs to be developed, the LPA may accept interim targets as an intermediary standard; and
• the minimum standard for general use will be met for all development; and
• the existing network of open spaces will be protected rigorously, where appropriate.

3.124 The Schedule is part of the policy. The policy introduces the new local standards and provides that necessary open space will not be lost under new development. It protects some local amenity areas. Other open space is not shown on the Proposals Map, as its extent has not fully been audited (Annex 5).

3.125 Open land will be protected as open space only where the community need is evident or the public value, or potential for such value, is recognised. Temporary open space is not automatically protected. Open land may be protected also for its nature conservation interest or for the contribution it makes to the character of the area. Areas of tree planting and boundary features may be protected for their distinctive character or amenity interest.

3.126 [No text]

3.127 The LPA seeks to protect the amenity value and where necessary will safeguard the open space potential of the amenity land identified on the Proposals Map. Such areas have value as positive elements in the urban landscape, providing variety and distinctiveness within towns and relief from urban development.

3.127A The standards will help to secure a minimum level of open space, equivalent to 2.6 ha per thousand residents. This equates with local expectations and realistically may be provided. The aggregated standard for the recreational play types (play area and playing field) amount to a minimum of 1.6 ha (4 acres). This equates with the NPFA four-acre standard.

3.127B The new standards supersede those in the SPG on Open Space, which is cancelled. The minimum standard is made up of three component standards, each with an acceptable range. Standards will be applied to ensure that existing deficiencies are not made any worse by new development. The policy provides that necessary open space will be maintained where it may be accommodated, and that the LPA will seek at least the minimum standard in phase with new development. The District Council proposes to reassess the open space, sport, and recreational needs of the community in accord with PPG17. In due course, the standards of provision may be reviewed on this basis. Additional guidance will be provided in a new SPD on Open Space, Sport, and Recreation.

3.127C The LPA will seek to negotiate an appropriate developer contribution for provision, in accord with Policy DVT16. The requirements for recreational facilities in new development are contained in Policy HSC13. Where land is allocated for development and it is not possible for the recreational play space standards to be met on site, the LPA may accept reduced provision in accord with the interim targets (Annex 6B) so that the development may take place where needed. The minimum standard still must be met overall.

3.128 An open space assessment will be expected in association with development proposals, including the site-specific proposals. The provision of open space in phase with development is particularly important. Where interim targets have been set, progress toward such targets will be monitored. In neighbourhoods where open space is deficient, amenity land will continue to be protected. Where available, additional space will be protected as potentially valuable open space.

3.129 In considering proposals for development, regard will be had to the open space and amenity value and potential of the land. Proposals that affect such interests adversely will be resisted unless open space standards are maintained and important interests protected. Where open space is to be replaced, the proposed provision will be assessed with reference to Policy HSC14. Where development is permitted, the LPA will ensure that the proper functioning of the network is not prejudiced.

3.130 The new SPD will explain the implementation of Policies DVT9 and HSC13. Service codes form a part of the SPD on Infrastructure in New Development. The Leisure and Culture Code will explain details in respect of the procurement of open space, sport, and recreation contributions. Advice on aspects of the management and aftercare of open space secured in phase with development may be contained in another SPD on Aspects of Design and in the Design Code.

3.131-3.134 [No text]

ENVIRONMENTAL IMPACT

3.135 The Plan aims to guide development away from sources of pollution, of nuisance, or of potential risk, which may be natural or manmade. Impact on and potential impact on amenity are material considerations.

3.135A [No text]

3.135B Where the environmental effects of development would be uncertain and potentially significant in terms of the Environmental Assessment Regulations, the District Council will request an Environmental Statement. The Statement will be expected to include the following:

• An independent assessment of the impact of the proposed development, adequately scoped in relation to relevant environmental concerns
• Details of the mitigation measures proposed to overcome detrimental effects on significant environmental features, including detailed measures for independent monitoring, where necessary to ensure compliance with planned mitigation
• Appropriate arrangements for necessary future environmental management and after-care treatment.

Where new development would be contrary to the settlement strategy, the LPA will expect the applicant to produce an assessment of the environmental impact.

Impact on Amenity

3.136 A criteria based policy is needed to guide consideration of the impact of new proposals on neighbours, visitors, and occupiers. The aim is to ensure that development is integrated properly into the urban or rural fabric.

Policy DVT11: Impact of Development on Amenity

Development will be required to secure or maintain amenity appropriate to the locality, with special regard to the likely impact on:

(a) neighbours and the operation of neighbouring uses; and

(b) future occupiers and visitors to the site; and

(c) necessary infrastructure and local services.

3.137 The policy introduces relevant amenity considerations. Proposals will be assessed, taking into account material planning considerations relevant to the proposal, the site, traffic, and the surrounding environment. Impact will be considered with reference to relevant public interests, and acceptability will depend upon reasonable expectations bearing in mind the locality, the history of the site, and the nature of the use proposed. The policy should ensure that neighbourhood amenity is not compromised. It also helps give effect to a Structure Plan requirement that works needed to service development, or needed as a direct consequence of development, shall be secured in an environmentally acceptable way.

3.138 Where it is necessary to make an assessment, the proposal will be expected to measure favourably against each relevant policy. It will not be appropriate to pick and choose. Where a proposal does not weigh favourably, planning permission will be refused. In making its assessment, the LPA will give full consideration to the delivery of quality in development and to the maintenance of environmental standards where applicable.

3.138A Where necessary in the interest of amenity, development must accommodate conservation and mitigation measures. Development schemes will be expected to integrate well with the existing pattern of development and with surrounding land uses and to take account of the availability of, or need for, additional infrastructure. In determining proposals, the adequacy of proposed protection measures will be a material consideration. Works necessary to make development acceptable must be agreed before development is allowed to commence.

Article 4 Directions

3.138B The District Council maintains a register of Article 4 Directions. The power to control permitted development will be used only with local support where necessary to regulate minor development that otherwise would be likely to cause significant harm to amenity. Any new proposals will identify the minimum withdrawal of permitted development rights necessary to achieve the additional protection of important attributes at risk.

Pollution and Hazardous Substances

3.139 Both the potential for pollution and the degree of risk from hazardous substances are material planning considerations. The risk of and potential for nuisance from smoke, fumes, and gases etc can also be material planning considerations. The right balance has to be made between the likely risks to the public, the impact on environmental quality, and the need to promote the economy in terms of employment opportunity and economic support for business. T­he aim is to limit the risk from polluting or hazardous development relative to the susceptibility and vulnerability of its surrounding environment. The objective is a safe and healthy environment, with clean water and air.

3.140 The District Council maintains the statutory register of the presence of hazardous substances in notifiable quantities in its area. Pollution and hazardous substances control are subject to separate legislation. The District Council is the Hazardous Substances Authority. Pollution control is the responsibility of the relevant Pollution Control Authority. The District Council has developed an Air Quality Strategy.

Policy DVT12: Pollution and Hazardous Substances

Development that may be liable to cause pollution or that is likely to be hazardous will be permitted only where there is:

(a) no unacceptable risk to public health or environmental safety, to local air quality, or to the quality or quantity of controlled waters; and

(b) no unacceptable risk of nuisance by reason of noise, vibration, smell, gases, fumes, smoke, steam, soot, ash, dust, grit, light, or other pollution.

3.141 [No text]

3.142 The policy applies the precautionary principle to potentially polluting development and to the limitation of risk from development that involves the processing, handling, or storage of hazardous substances. Other pollution covered by the policy would include any contaminant that might pose a risk. The relationship between development that is likely to be hazardous, or that may pollute, and housing or other sensitive development will be controlled, because of the protection and mitigation needed. Where there is doubt about the effect of a particular proposal, the applicant will be asked to submit an independent risk assessment. The policy also enables a consideration of the effects of run-off and discharges to controlled waters, a term defined in the glossary of the Plan.

3.142A The policy will enable air quality targets to be taken into account should these become necessary. It also enables concerns about light pollution and disturbance from light spillage arising from outdoor lighting, in respect of effect on amenity and on conservation interests, to be taken into account.

3.143 The fact that pollution or hazard may occur will not, of itself, necessitate a refusal if appropriate controls and measures can be applied to make the development acceptable.

The Impact of Noise

3.144 There is a need to ensure that development does not cause an unacceptable degree of disturbance. The aim is to minimise the adverse impact of noise by careful siting and effective control, although the exercise of planning control will not place unjustifiable restrictions in the way of necessary development or essential infrastructure. Statutory noise nuisance is controlled by environmental health legislation and building control regulations.

Policy DVT13: Noise Emission and Disturbance

(1) Noise sensitive development or noise generating development will not be permitted where nuisance or significant disturbance could arise unless adequate attenuating measures are included as an integral part of the scheme.

(2) Noise generating development in the open countryside will be permissible only where it will not affect adversely any recreational, wildlife, or amenity interests.

3.145 The policy enables the likely noise impact of development involving noisy processes and activities to be limited. It also addresses the sensitivity of land uses to disturbance. Noise attenuation is important where potentially noisy development is located close to existing dwellings, other buildings in public use, or other sensitive uses. Where noise is seen as an issue, an independent assessment will be expected to consider the evidence of likely or potential noise impact and to demonstrate that the measures proposed are adequate to attenuate predicted noise disturbance and to limit the likely incidence of disturbing events.

3.146 Control will be exercised to ensure that development does not detrimentally affect other land uses. Development may be required to provide noise-attenuating measures, which may include reduction and damping techniques, agreed operating restrictions, physical separation, barriers, and landscape measures such as bunding and hedgebanking. Where appropriate, conditions will be imposed to restrict hours and /or days of use or to introduce other practicable controls as necessary. Noise sensitive development will not be approved within such close proximity to a general employment area that noise abatement action would result or that the future use of employment land might be prejudiced.

3.147 Those rural areas that have remained relatively undisturbed by noise and that are prized for their recreational, nature, or amenity value for this reason will be protected. The likelihood of noise disturbance will be an issue in cases involving noisy uses. Considerations will include appropriate siting to avoid noise funnelling or reflection due to topography and landform, and the quiet enjoyment of the countryside recreation network. Noise sensitivity may be an absolute constraint, especially at wildlife feeding, nesting, and breeding sites, or during the migration seasons.

Contamination, Hazards, and Instability

3.148 Some sites are constrained due to contaminants, hazards, or instability which may be naturally occurring or which may have resulted from land-use activity. Land-use records can provide some indication of likely risk. The presence of sites and pipelines designated as notifiable installations (NIs) can constrain development. There are NIs within the District. Some are notified as Major Accident Hazards (MAHs). These terms are explained in the glossary of the Plan.

3.149 The Structure Plan provides that constrained sites should receive suitable treatment. The aims are to secure safe development and to enable the full and effective use of land that has previously been developed, so as to reduce pressure on greenfield sites. The objective is to avoid significant harm by removing unacceptable risks. It will be necessary to assess the likely level of risk and to devise appropriate remediation measures that will produce acceptable levels of public safety and amenity in the context of the proposed and possible future uses. There is a need to maintain a safe separation between NIs and housing or other land uses frequented by the public.

3.149A The Government regulates NIs. Liability for the cost of any necessary remediation required by a statutory Clean-up Notice or otherwise is not a planning matter.

Policy DVT14: Areas at Risk

(1) Development proposals on sites known or suspected to be affected by contaminants, instability, constraints, or other hazards will need to demonstrate that the risk has been adequately assessed.

(2) Measures proposed to resolve identified risks will be required to make the site safe for the use proposed before occupation and to protect the surrounding environment.

3.150 The policy requires suspected hazards to be investigated, likely risks to be assessed, and identified constraints to be dealt with adequately, before construction starts. Local risks occur as a result of hazardous substances in notifiable quantities, other notified constraints, contaminated land, mining, quarrying, and natural erosion of riverbanks or coastal margins where that is a continuing process. In some areas, the impact of development may present a hazard.

3.150A NIs are not shown on the Proposals Map. The LPA will take account of the risks to proposed development from notified NIs, including MAHs, and other known or suspected risks.

3.151 All development within the consultation zone of a MAH or other NI will need to take risk into account. Other notified constraints to be taken into account include the Burrington Radar, Chivenor Airfield and Hartland Magnetic Observatory. Such notified areas are shown on the Proposals Map as Radar Areas. Development may affect their operation. Appropriate restrictions will be applied in the notified areas of restraint.

3.152 Landslips are characteristic of the Bideford Bay Coast. Where land is contaminated, unstable, or otherwise hazardous, or is suspected to be so, development will be facilitated on the suitable for use basis. Development will not be permitted within areas at risk unless adequate remedial works are secured in mitigation. In areas known or suspected of being contaminated or affected by instability, site investigation or survey will be required to enable risk assessment. Development will be expected to effect necessary remediation prior to use and the applicant will be required to provide the appropriate documentation. The District Council has published a Contaminated Land Inspection Strategy for the District.

3.153-3.154 [No text]

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