Hertsmere Local Plan Development Plan Document Site Allocations and Development Management Policies Plan

Transcription

1 Hertsmere Local Plan Development Plan Document Site Allocations and Development Management Policies Plan Document Ex108: Suggested changes (at 29 February 2016) This schedule suggests some limited changes to the Pre-Submission Site Allocations and Development Management Policies Plan (SADM). Following representations received in response to a request from the Planning Inspector to provide the Council s position in response to those submissions. Suggested changes have also been made where drafting errors have been identified. The changes do not alter the overall impact of the Plan or change its strategic direction and the Council recognises that it is first necessary for the examination process to be conducted and for the Inspector to consider these and any other matters arising from the hearings. However, the dialogue which the Council has entered into with a number of representors has enabled a number of suggested changes to be agreed with those parties to address concerns which they have raised. The suggested changes are listed in document order of the SADM and for each change the schedule includes the following information: Ref. No.: change identification number Policy / Paragraph Number: The specific policy or paragraph within the SADM to which the change applies. Proposed Changes: Where it is suggested text can be deleted it will have a strikethrough as so: deleted text. Where it is suggested additional text can be added, it will be underlined as so: additional text. Reason for change: The reason why the change is proposed, for example, to correct a drafting error, update text or provide further clarification. Page 1 of 58

2 Ref. No Policy / Paragraph Number: SADM1 - Site H8 Europcar House, Aldenham Road, Bushey SADM1 - Site H10 Birchville Court and haulage yard, Heathbourne Road, Bushey Heath SADM1 - Site H11 Elton House, Elton Way, Bushey SADM1 - H12 First Place Nurseries, Falconer Road, Bushey Suggested changes: [Site specific requirements] A prior approval notice has been given for conversion of the existing offices into 40 flats, suggesting that the estimated number of dwellings could be substantially exceeded. [Site specific requirements] The estimated number of dwellings for the site is based on an existing planning permission: any appropriate scheme comprising a large proportion of flats is likely to increase that number. [Site specific requirements] Flatted development using existing access onto Elton Way. Full parking standards to be met. Carefully designed and usable communal amenity space required. The Council has approved planning application 14/0911/FUL for 102 units and prefers this to a conversion of the existing building on the site. The adequacy of waste water capacity is to be assessed: adequate capacity should be made available before development is occupied. [Site specific requirements] Removal of former swimming pool building (currently used by the Nursery) and associated hardstanding. SADM4 [This is superseded by suggested change 036] Affordable Housing 2.24 The availability of affordably priced homes for Hertsmere residents is a key concern. Policies in the Core Strategy seek to increase the supply of Reason for suggested change: Clarification due to site already having prior approval (Ref.020). Clarification in response to representation (Ref.031). In response to representation and change sought by respondent (Ref.036), to ensure that policy requirements for waste water provision is consistent with other sites in policy SADM1 In response to representation and change sought by respondent (Ref.043). In light of the result of a recent Judicial Review which quashed the relevant national policy Page 2 of 58

3 Ref. No Policy / Paragraph Number: Suggested changes: Affordable Housing in the borough. Policy CS4 requires that developments of 5 or more residential units (or sites in excess of 0.2ha) make provision for an element of Affordable Housing and gives guidelines on tenure mix. Policies CS5 and CS7 address provision in rural areas and housing mix. The Affordable Housing SPD provides additional detailed guidance on the policies and how they will operate. The expectation is that the requirement for Affordable Housing will be fully met on site, its delivery being controlled through a S106 agreement. The Affordable Housing SPD sets out the circumstances under which alternatives to on-site provision may, exceptionally, be agreed, and describes a priority order in which alternatives to on-site provision will be considered. Reason for suggested change: requirements in relation to Affordable Housing on small sites 2.25 A Written Ministerial Statement in November 2014 set out changes to national policy in relation to planning obligations under s106 of the Town and Country Planning Act 1990 (as amended). These have been reflected in amendments to the national Planning Practice Guidance. The changes seek to remove the requirement for developer contributions (including Affordable Housing) on sites of 10 units or less, the stated aim being to help increase housing supply by lowering the construction cost of small-scale new build housing There is, however, an acute need for affordable housing provision in Hertsmere, a situation to which the adopted Core Strategy responds; the site size threshold of 5 reflects independent recognition of both the magnitude of local housing need and the deliverability of small sites including the required affordable housing provision. The Inspector examining the Core Strategy concluded that it would accord with the NPPF by helping to meet the need for Affordable Housing, without Page 3 of 58

4 Ref. No Policy / Paragraph Number: Suggested changes: compromising delivery or viability. This has been reflected in the number of schemes which have come forward for 5-10 units since January The evidence supports the Council in continuing to require an Affordable Housing contribution from sites of 10 units or less. Reason for suggested change: 2.27 Some additional flexibility in relation to contributions to Affordable Housing provision on small sites (of between 5 and 10 units) is however proposed. Contributions will therefore be sought in the form of cash payments, commuted until after completion of units within the development. This flexibility does not apply to Rural Exception sites under Core Strategy Policy CS Para 3.10 Policy SADM11 Biodiversity and Habitats Policy SADM4 - Small Sites for Affordable Housing On sites of between 5 and 10 residential units (inclusive), the Council will seek financial contributions to support the delivery of Affordable Housing. Contributions will be sought in the form of commuted payments, calculated on the basis set out in the Affordable Housing SPD and any subsequent update The safeguarded land is in large part open or underdeveloped with seminatural habitat and watercourses. It will therefore be important to control the form of development, when eventually it is accepted as being necessary, in order to protect the environment. Any future employment development would be expected to consider whether there is a need for new or improved playing field provision, in light of the previous use of the site and any current or future community playing fields needs. [At the beginning of Policy SADM11] There should be no net loss of biodiversity in terms of quantity, quality and In response to representation and change sought by respondent (Ref.013). Amendment in response to Page 4 of 58

5 Ref. No Policy / Paragraph Number: Para 4.31 Para 4.34 Para 4.37 Policy SADM16 Sustainable Drainage Systems Policy SADM16 Sustainable Drainage Systems Suggested changes: connectivity as a result of any development proposals; wherever possible develop proposal should achieve net gains Some small watercourses may be too minor to be classed as Ordinary Watercourses Main Rivers and therefore will not be shown within the Environment Agency flood zones, and may not be included in the Hertsmere SFRA. Under the Flood and Water Management Act 2010 SuDS is compulsory on all major schemes. Sustainable drainage will also be sought within smaller schemes to militate mitigate against the cumulative impact they can have on localised surface water flooding and to encourage the more efficient use of water Sewer flooding can arise due to lack of capacity within the existing sewer network. The Council will work with Thames Water and developers in order to ensure that the strategic wastewater infrastructure required to support growth will be delivered alongside development. However it It is also important for developers to consult Thames Water at an early stage to discuss waste water infrastructure requirements for development. In particular, the Council will require the introduction of sustainable drainage (SuDS) on all major developments of 10 residential units or 1,000 square metres of floorspace (or more)." (as defined in the Town and Country Planning (Development Management Procedure) (England) Order 2015 and any subsequent order." Major proposals should also comply with the principles and standards policies set out by the Lead Local Flood Authority for SuDS. Reason for suggested change: representation and change sought by respondent (Ref.003). Amendment in response to representation and change sought by respondent (Ref.038). Correction of typo In response to representation and changes sought by respondent (Ref.036). Correction to reflect legislation In response to representation (Ref.038) and change Page 5 of 58

6 Ref. No Policy / Paragraph Number: Para 4.50 Para 4.51 Suggested changes: 4.50 Planning for minerals and waste underlies the prudent use of natural resources and the reduction of pollution. The County Council is responsible for the Minerals and Waste Development Framework Planning and is the Waste Disposal Authority and sets out policies for future mineral extraction and waste development for all types of waste. The County Council is also the Waste Disposal Authority with responsibility for the disposal of Local Authority Collected Waste 4.51 The Minerals Local Plan guides mineral extraction and associated development. Tyttenhanger Quarry at Colney Heath is identified as a major source of sand and gravel up to 2032: the site is being progressively extracted and infilled with inert waste as the landscape is restored. Mineral reserves, particularly sand and gravel, will be safeguarded from the sterilising effect of new development (i.e. new building, engineering works and land cover). Minerals Policy 5: Mineral Sterilisation encourages the extraction of minerals in circumstances where any significant mineral resource would be sterilised before by any other development is considered appropriate. Minerals Policy 10 Railheads and Wharves safeguards existing and disused railheads and wharves where they have potential for the exportation and importation of minerals and secondary/recycled aggregates. The County Council has defined Mineral Consultation Areas (MCAs) within its Mineral Consultation Areas Supplementary Planning Document (MCASPD) to support this these policy policies. Councils and developers are expected to consider the effect of prospective development on mineral resources in these areas at an early stage. This excludes the small-scale developments, listed in the County Council s MCASPD, Supplementary Planning Document) on Mineral Consultation Areas which would have little effect (e.g. householder Reason for suggested change: sought by respondent. In response to representation and change sought by respondent (Ref.038) In response to representation and changes sought by respondent (Ref.038) Page 6 of 58

7 Ref. No Policy / Paragraph Number: Suggested changes: development). A significant proportion of the Borough is identified in the MCASPD as a MCA for sand and gravel, including the Mineral Consultation Area Harper Lane Rail Depot MCA which extends into Hertsmere (and is shown on the Policies Map). Reason for suggested change: Policy SADM19 Mineral Consultation Area Para4.54 Within the Mineral Consultation Area shown on the Policies Map, building or other development will not be permitted to sterilise or prevent the future extraction of the mineral resource. In order to prevent unnecessary sterilisation of mineral resources The the Council will seek the advice of Hertfordshire County Council as the Mineral Planning Authority in accordance with the Minerals Consultation Area SPD (and any future revisions/successor documents) on any significant proposal which may affect the resource Waste prevention and reduction measures are important in all construction and demolition projects to prevent waste generation and encourage the re-use of materials on site as much as possible. This should be considered throughout the design and implementation phases. The Council can assist with waste management through the use of site waste management plans during construction and through control of development. to improve materials resource efficiency in the demolition and construction phases by identifying methods (including re-use, recycling or recovery) to minimise waste produced on site and to capture data relating to construction, demolition and excavation waste. Waste storage provision is an important consideration which should be integrated into all new developments at the design stage to ensure that bins are stored within the development site in a fashion which allows easy access for occupiers and collection and does not block the public highway. Households, in particular, In response to representation and changes sought by respondent (Ref.038) In response to representation and changes sought by respondent (Ref.038) Page 7 of 58

8 Ref. No Policy / Paragraph Number: Suggested changes: are issued with a number of bins and boxes which are required to be stored within new developments in order to facilitate the sorting of waste and recyclable products. Reason for suggested change: There are three Key Green Belt Sites which are subject to redevelopment. The Bushey Academy, formerly known as Bushey Hall School, is being redeveloped and the infilling envelope boundary has been re-drawn accordingly. The governors of Hertswood Lower School, formerly known as Nicholas Hawksmoor School, are seeking new (redeveloped) school premises and St Margaret s School in Bushey is promoting redevelopment together with some school buildings on the south side of Merry Hill Road. Proposals may also come forward for the Haberdashers Aske s schools. The infilling envelopes for these sites may be amended in the future when the extent of the redevelopment proposals is clearer. Smaller adjustments to the infill boundaries at Bio Products Laboratory and Bushey Meads School have also been made to take account of known development proposals. A number of existing publicly funded secondary schools are within the Green Belt; the important role these facilities play in supporting the needs of the community is recognized. In several cases there are known development needs which have been taken into account in defining current infill boundaries. The Bushey Academy has been redeveloped, and plans put forward for expansion at Bushey Meads School; the infilling envelope boundaries have been redrawn accordingly. Proposals to provide new (redeveloped) school premises on a single site for Hertswood Academy are being developed; the infilling envelope has been amended to reflect the anticipated requirements of the Academy arising from any future expansion to 10 forms of entry should an enlarged building footprint be sought. The Academy has confirmed that (subject to funding and ministerial approvals) they would seek to expand the In response to representation and changes sought by respondent (Ref.026) Page 8 of 58

9 Ref. No Policy / Paragraph Number: Suggested changes: school to meet any increased local demand. Reason for suggested change: [new paragraph prior to 4.86] The private education sector is also well represented in Hertsmere s Green Belt; the schools perform valuable educational, economic and community functions and in some cases safeguard the future of important heritage assets. Some of these establishments may need to undertake improvement and expansion in the future. St Margaret s School in Bushey is promoting redevelopment together with some school buildings on the south side of Merry Hill Road. Proposals may also come forward for others, including Haberdashers Aske s schools and the Aldenham School [new paragraph prior to 4.86] Adjustments have been made to the Bio Products Ltd infill site boundary to reflect known development proposals. Further proposals for expansion within the site may come forward in future. The infill envelopes for these and other Key Green Belt sites may be amended through any future review of this document once the extent of development needs has been established and an appropriate form of development agreed. Policy SADM26 South Mimms Special Policy Area Policy SADM31 Design Principles ii) have an adverse impact on the safe and effective operation of the existing or expanded Highways England and Connect Plus facilities and the strategic road network. (ii) enhance legibility though through the spatial pattern of development. In response to representation and changes sought by (Ref.017, 021 and 037) In response to representation and subsequent correspondence with representor (Ref.045) In response to representation (Ref.008). Wording agreed through a Statement of Common Ground. Correction of typo Page 9 of 58

10 Ref. No Policy / Paragraph Number: SADM33- Site C2: Hertswood Lower School, Cowley Hill, Borehamwood SADM43 TC2 Radlett Service Station/Regency House, Former Fire Station and Burrell & Co Para 8.9 Suggested changes: Proposals should minimise any reduction in the overall quantity of playing field provision and its effect; improvements to the quality and accessibility of playing field and sports provision will be required as part of any agreed mitigation strategy. Programme of development on the two sites to be considered against Policy CS19 (key community facilities) and agreed, in particular, to ensure that (i) the proper level of school facilities, including playing fields and indoor sports facilities, is available throughout the development period, (ii) there are local facilities available to allow the satisfactory operation of theatre activities and indoor sports facilities throughout the development period, and (iii) the provision of the replacement theatre premises and indoor sports facilities is made at the earliest possible opportunity. The playing fields and indoor sports facilities are to be made available for community use on a basis to be agreed with the Council. Retail/commercial uses on ground floor fronting Watling Street. Community uses required on part of the site to replace former community use, subject to the provisions of Core Strategy Policy CS19 Key Community Facilities. 8.9 The Council s monitoring process will be used to identify where objectives and targets are not being met through policies and recommend action to amend any problems that occur. In addition and as part of the review of the Core Strategy (2013), the Council will consider the need for new allocations arising from the identification of an Objective Assessment of Housing Need and the Council s agreed housing target. The Council will identify individual land allocations arising from that review. Further details of the process will be set out in the Council s Local Development Reason for suggested change: In response to representation and changes sought by respondent (Ref.0.13). In response to representation and change sought by respondent (Ref.026) In response to representation (Ref.030). Wording agreed through a Statement of Common Ground. Page 10 of 58

11 Ref. No Policy / Paragraph Number: Suggested changes: Scheme. Reason for suggested change: Policies Map SADM24- Shenley Village Envelope Policies Map SADM24- South Mimms Village Envelope Policies Map SADM25 Key Green Belt Sites b) Bio Products Laboratory, Dagger Lane, Aldenham Policies Map SADM25 - m) Hertswood Lower School [Revised infill envelope has been proposed] [Revised infill envelope has been proposed to ensure consistency in determining village envelops] [Revised infill envelope has been proposed to reflect known future development.] [Revised infill envelope has been proposed in order to provide flexibility for future expansion on the site, which has been agreed by the Academy] In response to representation (Ref.34). The proposed changes have been agreed through a Statement of Common Ground. (See Appendix 1) In response to representation (Ref.026) (See Appendix 2) In response to representation (Ref.045) (See Appendix 3) In response to representation and change sought by respondent (Ref.026) (See Appendix 4) Correction of error SADM11 Local Nature Reserve (LNR) maps [To transpose the titles of the LNR maps on p.125 (Furzefield Wood) and p.126 (Fishers Field).] 029 (p ) 030 Policies Map Map B [The map will be updated to show Bushey Rose Garden as Historic Park as well In response to Page 11 of 58

12 Ref. No Policy / Paragraph Number: Suggested changes: Reason for suggested change: Bushey and North Bushey as Local Green Space.] representation and change sought by respondent (Ref.012) (See Appendix 5) Policies Map General [Changes to Policies Map will be needed to include latest information on Correction of error Mineral Consultation Areas. Data to be provided by HCC] Policies Map SADM43 [Revised Bushey Heath High Road district centre boundary] Correction of error (See (p177) Appendix 6) Policies Map preface The Key for these maps can be found on the main Borough-wide Policies Map R edundant sentence page (p.241) Policies Map SADM11 Local Wildlife Sites Policies Map SADM23 Green Belt Boundary [Correction will be made to ensure the pattern in the key matches that on the map (i.e. wider horizontal green lines)] [Revised Green Belt boundary to the west of Green Meadow, Potters Bar] SADM4 [This supersede suggested change 005] Affordable Housing 2.24 The availability of affordably priced homes for Hertsmere residents is a key concern. Policies in the Core Strategy seek to increase the supply of Affordable Housing in the borough. Policy CS4 requires that developments of 5 or more residential units (or sites in excess of 0.2ha) make provision for an element of Affordable Housing and gives guidelines on tenure mix. Policies CS5 and CS7 address provision in rural areas and housing mix. The Affordable Housing SPD provides additional detailed guidance on the policies and how they will operate. The expectation is that the requirement for Affordable Housing will be fully met on site, its delivery being controlled through a S106 agreement. The Affordable Housing SPD sets out the circumstances under Correction of graphical error (to be finalised before adoption) Correction of a mapping error (See Appendix 7) Change suggested in light of the result of a recent Judicial Review which quashed the relevant national policy requirements in relation to Affordable Housing on small sites. As part of the Council s Hearing Statement (Document HBC/1) the Council decided that Page 12 of 58

13 Ref. No Policy / Paragraph Number: Suggested changes: which alternatives to on-site provision may, exceptionally, be agreed, and describes a priority order in which alternatives to on-site provision will be considered A Written Ministerial Statement in November 2014 set out changes to national policy in relation to planning obligations under s106 of the Town and Country Planning Act 1990 (as amended). These have been reflected in amendments to the national Planning Practice Guidance. The changes seek to remove the requirement for developer contributions (including Affordable Housing) on sites of 10 units or less, the stated aim being to help increase housing supply by lowering the construction cost of small-scale new build housing. Reason for suggested change: paragraph 2.24 should provides some useful context and indicates how the SADM is linked to other local policy documents including the Core Strategy and the Affordable Housing SPD, and could therefore be retained There is, however, an acute need for affordable housing provision in Hertsmere, a situation to which the adopted Core Strategy responds; the site size threshold of 5 reflects independent recognition of both the magnitude of local housing need and the deliverability of small sites including the required affordable housing provision. The Inspector examining the Core Strategy concluded that it would accord with the NPPF by helping to meet the need for Affordable Housing, without compromising delivery or viability. This has been reflected in the number of schemes which have come forward for 5-10 units since January The evidence supports the Council in continuing to require an Affordable Housing contribution from sites of 10 units or less Some additional flexibility in relation to contributions to Affordable Housing provision on small sites (of between 5 and 10 units) is however proposed. Contributions will therefore be sought in the form of cash Page 13 of 58

14 Ref. No Policy / Paragraph Number: Suggested changes: payments, commuted until after completion of units within the development. This flexibility does not apply to Rural Exception sites under Core Strategy Policy CS5. Reason for suggested change: Para Para. 3.9 SADM25 Policy SADM4 - Small Sites for Affordable Housing On sites of between 5 and 10 residential units (inclusive), the Council will seek financial contributions to support the delivery of Affordable Housing. Contributions will be sought in the form of commuted payments, calculated on the basis set out in the Affordable Housing SPD and any subsequent update. Sites which continue to be subject to safeguarded safeguarding are covered by Policy SADM2. The sites are reserved for housing development in the future; in the meantime their use should respect their former Green Belt designation and not prejudice future housing development. The Core Strategy identifies two sites as Safeguarded Land for employment use. As a result, neither area is in the Green Belt. Both areas may be used for B class development needs beyond the plan period. The purpose of safeguarding is to provide some land for future employment use and help maintain the permanence of the Green Belt in the long term. The use of the sites in the meantime should respect their former Green Belt designation and not prejudice future employment development. These are: Infilling or redevelopment may be appropriate within the defined envelope area in each site, taking into account of the following factors:. Proposals which are ancillary to, or support, an existing or approved use on the site will be permitted where: For clarification To reflect paragraph 2.10 and the prospective change to paragraph In response to the Inspector s MIQs Matter 3g 039 (i) the impact on the openness of the Green Belt and the purpose of including land within it; (ii) the impact of proposals on any playing fields; Page 14 of 58

15 Ref. No Policy / Paragraph Number: Suggested changes: (iii) the impact on wildlife and the ecological network; (iv) the impact on any heritage asset; (v) the impact on the amenity of adjacent properties; (vi) the proposal being ancillary to, or supporting an existing or approved use on the site; (vii) the impact of the relocation or introduction of a hard surfaced area such as car park or playground; and (viii) whether the proposal would lead to any significant increase in motorised traffic generation. Reason for suggested change: (i) they preserve the openness of the Green Belt and the purposes of including land within it; (ii) they protect, conserve or enhance any relevant heritage assets in accordance with Policy SADM 30; (iii) there would be no significant adverse impact on any of the following: a. designated open space and sports and leisure facilities; b. wildlife sites and ecological network; and c. the amenity of adjacent properties; (iv) the relocation or introduction of a hard surfaced area such as car park or playground would not have unacceptable impacts; and (v) they would not result in a significant increase in motorised traffic. 040 Para Green Transport Plans should accompany planning applications for any significant development at these sites. The submission of long term plans for Key Green Belt Sites indicating future investment and development is encouraged. In cases where comprehensive development of the site is proposed, a planning brief should be prepared in consultation with the local planning authority. The Council accepts that residents and businesses within the Green Belt may wish to make changes to buildings and sites. It is essential that these changes are of a scale and design that do not impact on the openness or rural character of the Green Belt, but support its continued functioning and maintain its open character. Types of development which are not necessarily inappropriate in the In response to the Inspector s MIQs Matter 3h Page 15 of 58

16 Ref. No 041 Policy / Paragraph Number: SADM27 Para.6.3 to 6.6 Suggested changes: Green Belt are listed in the NPPF, but these must be judged against local circumstances. It may also be the case that other types of development could in principle be permitted on the basis of very special circumstances. Policy SADM27 will be used to control the impact of development i.e. buildings, extensions, additions, works and uses and ensure that it is appropriate in its surroundings. The Council will assess all applications for development in the Green Belt, as defined on the Policies Map, in accordance with Core Strategy Policy CS13 and to ensure they comply with the following principles: The Road Hierarchy 6.3 The Highways Agency is responsible for the national road network - i.e. A1(M) and M25 in Hertsmere. It is preparing a route-based strategy for the A1(M) between London and Leeds as a basis for further investment. The service area at South Mimms primarily supports the strategic road network. Policy SADM26 South Mimms Special Policy Area sets out the Council s approach to future development here. Reason for suggested change: In response to the Inspector s MIQs Matter 3h In response to the Inspector s MIQs Matter 3h 6.4 The Hertfordshire County Council is the Local Highway Authority and has set out its transport policy in the Local Transport Plan ( ). The Local Transport Plan reduces the previous emphasis on building new roads and increasing road capacity, though they may still be required to support economic development or planned housing growth. Instead it places much higher priority on making better use of the existing road network. The County Council s current road hierarchy is shown on the Policies Map: it will be updated during the plan period to accord with the latest version of the local highway authority s road hierarchy Transport improvements will be necessary to help enhance access to homes, workplaces, shops and social facilities. They should be designed to help tackle peaktime congestion, reduce casualties, support economic growth and enable access to key services. Page 16 of 58

17 Ref. No Policy / Paragraph Number: SADM39 SADM40 SADM9 and new supporting text Suggested changes: 6.6 The Borough Council has a major role to play in ensuring that development within the Borough takes place in a manner which is consistent with achieving the objectives of the Local Transport Plan. The Core Strategy supports the Local Highway Authority s strategic transportation plans, in particular the Local Transport Plan and Urban Transport Plans. The accommodation of accesses and improvements will be guided by Policy SADM41 and the principles set out in the Local Transport Plan for each category of road. Policy SADM39 - The Road Hierarchy Hertfordshire County Council s current road hierarchy is shown on the Policies Map: it will be updated during the plan period to accord with the latest version of the local highway authority s road hierarchy. New and existing roads will be used as effectively as possible in accordance with their role in the road hierarchy. The accommodation of accesses and improvements will be guided by Policy SADM41 and the principles set out in the Local Transport Plan for each category of road. Policy SADM40 - Transport Development Areas Transport Development Areas at Borehamwood and Potters Bar are defined on the Policies Map. The Council recognises the need to increase the supply of new homes both locally and nationally and acknowledges the changes to permitted development rights which have been introduced by the government to facilitate this objective. Both recent and planned changes to permitted developments rights have the potential to impact on the local supply of land and buildings for jobs and, specifically, B class floorspace. The NPPF requires that local planning authorities must seek to meet objectively assessed needs and deliver sufficient homes and jobs. However, the additional permitted development rights may, without some safeguards, impact on the ability of the Council to retain sufficient land and buildings for local employment needs and to promote the local economy during the Plan period. Reason for suggested change: In response to the Inspector s MIQs Matter 3h In response to the Inspector s MIQs Matter 3h In response to the Inspector s MIQs Matter Should the prior approval requirements enable consideration of the loss Page 17 of 58

18 Ref. No Policy / Paragraph Number: Suggested changes: of the most important office accommodation, as previously proposed by the government, Policy SADM9 will be used to assess proposals where prior approval notification is required. Should the regulations not allow for such consideration, the Council will also consider the introduction of Article 4 Directions, where appropriate, to enable the impact of the change of use or redevelopment of strategically important offices for residential use to be fully considered. Reason for suggested change: Policy SADM9 - Strategically Important Business Locations and Loss of Office Accommodation Where planning permission or prior approval is required, change of use to or redevelopment for residential use will not be resisted permitted in the following Strategically Important Business Locations: i) Employment Areas listed in Policy SADM6; ii) the Key Employment site in Policy SADM7; iii) Locally Significant Employment Sites listed in Policy SADM8, and iv) Existing office buildings (or parts of buildings) elsewhere in the Borough which exceed 500 square metres floorspace unless it can be demonstrated that the premises are no longer suitable for and have been marketed effectively for continued B1(a) use. The Council will apply this control within the powers and limitations provided by government regulation SADM33 Para (v) in the case of new schools, there is a clear need for the provision of additional capacity which cannot be met through the expansion of existing schools any proposal to develop a school on a new site is supported by evidence demonstrating the need for a new site; and Given the potential capacity of existing one form entry schools in the area to expand and the possible establishment of new Free Schools the case for a new site is not clear. If the case for a new two form entry school is proven however an alternative location to that identified in the Elstree Way In response to the Inspector s MIQs Matter 6 In response to the Inspector s MIQs Matter 6 Page 18 of 58

19 Ref. No Policy / Paragraph Number: Para to 5.35 Suggested changes: Corridor AAP will be preferred. Green Open Spaces 5.28 The NPPF recognises high quality open spaces and opportunities for sport and recreation as vital components of sustainable communities. It contains a strong presumption against building on existing open spaces and sports and recreational land, including playing fields. Core Strategy Policy CS19 affords a high degree of protection to key community facilities, including allotments and other urban open land, green infrastructure and town or village greens together with parks, sports clubs and pitches. Reason for suggested change: In response to the Inspector s MIQs Matter National guidance also contains a presumption in favour of new community facilities. The NPPF is clear that local authorities should plan positively to deliver sufficient community facilities to meet local needs. This includes open space and sports and recreation facilities. Planning policies should be based on robust and up to date assessments of needs, and identify opportunities for new provision as appropriate. Open space needs and provision are kept under review by the Council. An Open Spaces Study has been carried out, together with a Green Spaces and Amenity Land Assessment, and an Indoor Sports and Playing Pitch Study is to be undertaken in An update of the Green Spaces and Amenity Land Assessment has been undertaken in The Green Spaces and Amenity Land Assessment reviewed existing urban open land in the Borough. A rigorous criteria-based approach was taken to identifying those spaces with high environmental, spatial and social value, worthy of protection for the benefit of local people and the environment. The Assessment recommends the protection of three different types of open space, i.e. Major Green Spaces, Local Green Spaces, and Minor Amenity Land The Council is committed to protecting and enhancing existing open spaces in the Borough including parks, gardens, sport pitches, children s play areas and leisure Page 19 of 58

20 Ref. No Policy / Paragraph Number: Suggested changes: facilities. The NPPF also makes specific reference to Local Green Space: this should apply to green areas of particular importance to the local community and would rule out new development on them other than in very special circumstances. The Green Spaces and Amenity Land Assessment, which recommends areas which could appropriately be defined as Local Green Spaces, was subject to public consultation before it was finalised to allow the community to make a case for any areas which might have special local significance. Designated Open Spaces and Local Green Spaces These spaces are shown on the Policies Map and listed in Appendix G. Reason for suggested change: 5.32 Major Green Spaces are defined on the basis of their size and structural value rather than communal value. They have an essentially open character which it is considered necessary to protect. They are typically larger than Local Green Spaces and generally offer opportunities for sports and recreation. These spaces are also shown on the Policies Map and listed in Appendix G Minor Amenity Land, as identified in the Green Spaces and Amenity Land Assessment, is land within the urban area, such as road side grass verges and small amenity greens, which contributes to character and visual amenity but does not serve the functions of a Major Green Space designated Open Space or have the local significance of a Local Green Space. A lower level of protection is afforded to this category of space and proposals to develop part of Minor Amenity Land to facilitate off street parking or to provide access to driveways will be considered on their individual merits. Parts of Borehamwood and Potters Bar, in particular, contain large areas of Minor Amenity Land: where a small amount of hardstanding is needed for parking proposals are likely to be viewed favourably provided they do not undermine the setting of nearby housing. In assessing such proposals, it is important to avoid leaving small pieces of soft landscaping with little amenity value that are difficult to maintain efficiently An assessment of past planning applications reveals significant pressures on open space in the Borough from the expansion of education facilities. The Page 20 of 58

21 Ref. No Policy / Paragraph Number: Suggested changes: Government wants a sufficient choice of school places to meet the needs of existing and new communities. Great weight is therefore given in the NPPF to the need to create, expand or alter schools. Where there is a proven need for additional local education provision and it can be clearly demonstrated that it is not possible to meet the need in a better way, the Council may accept a case for exceptional very special circumstances: this would override the protection afforded to areas defined as Major Green Open Spaces and Local Green Spaces. Reason for suggested change: Provision of new open space may be required in accordance with the Council s published Developer Contributions Framework. The Council expects that open space and play provision will be suitably designed and made on-site in order to ensure an acceptable distribution of and accessibility to open space and play provision across Hertsmere; this is important for amenity, biodiversity and well-being. Provision of or a contribution towards identified off-site enhanced or new facilities may be an acceptable alternative, where on-site provision is not viable. SADM 35 SADM35 Major Green Space Development proposals, which would result in the loss of a Major Green Space identified on the Policies Map or detract from its open character, will not be permitted unless exceptional circumstances can be demonstrated. In response to the Inspector s MIQs Matter 7 Where exceptional circumstances can be demonstrated, proposals will not be considered acceptable unless they: (i) are ancillary to the use of the space or to any buildings on that land; (ii) will enhance activities associated with the open nature of the space; (iii) are appropriate in scale; and (iv) will contribute positively to the setting and quality of the space. 049 Policy SADM35 Open Space, Sports and Leisure Facilities Page 21 of 58

22 Ref. No Policy / Paragraph Number: Suggested changes: Where appropriate all development affecting open space and sports and leisure facilities should seek to improve the quality, quantity, and/or accessibility of the space/facility through appropriate financial contribution and/or direct provision. Reason for suggested change: As a minimum, development must not exacerbate existing deficits of open space and sports and leisure facilities in the locality and within the Borough. Proposals which will result in the loss of, or negatively impact upon the designated open space / facility will only be considered appropriate where: 1. The development proposal is a small scale ancillary use which supports or enhance the quality and/or accessibility of the provision; or 2. Equivalent or improved provision can be created in the most appropriate and accessible location available; or 3. There is substantiated evidence of significant surplus of provision within the catchment of the existing space / facility, both quantitatively and qualitatively. Any development on a designated open space / facility should not cause significant harm to the character, appearance and visual amenity of the local area. Development will not be supported where it would cause significant harm to the integrity of the green infrastructure network. SADM 36 Policy SADM36 Local Green Space Development proposals, which would result in the loss of a Local Green Space defined on the Policies Map or would have a negative impact on the features which make it locally significant, will not be permitted unless exceptional very special circumstances can be demonstrated. In response to the Inspector s MIQs Matter Where exceptional very special circumstances can be demonstrated, proposals will Page 22 of 58

23 Ref. No Policy / Paragraph Number: Suggested changes: not be considered acceptable unless they: (i) are ancillary to the use of the space or to any buildings on that land; (ii) will enhance activities associated with the use of the space; (iii) are appropriate in scale; and (iv) will contribute positively to the setting and quality of the space. Reason for suggested change: 051 Appendix G See Appendix 7 below In response to the Inspector s MIQs Matter 7 SADM 48 Policy SADM48 - Controlling Non-Retail Uses The Council will consider the following factors in determining applications for nonretail uses: In response to the Inspector s MIQs Matter 8 (i) the nature of the operation and the number of such occupiers within the centre, parade or frontage and the local area generally; (ii) the concentration or clustering of such operators within the centre, parade or frontage and the local area generally; (iii) the likely effects of the proposal, whether individually or cumulatively, in terms of noise, odours, traffic, parking, general disturbance or problems of disorder and nuisance; (iv) the likely impacts of the proposal, whether individually or cumulatively, on the retail image of the area in which it is located; and (v) in the case of hot food take-aways, which may fall partly or wholly within Class A5, their proximity to local secondary-age schools. Applications for non-retail uses will not be permitted unless it can be demonstrated that: 052 (i) the nature of the operation and the number of such occupiers would not have a significant detrimental impact on the functioning of the centre, parade or frontage and the local area generally; (ii) the concentration or clustering of such operators would not have a Page 23 of 58

24 Ref. No Policy / Paragraph Number: Suggested changes: significant detrimental impact on the functioning of the centre, parade or frontage and the local area generally; (iii) the proposal would not result in unacceptable levels of noise, odours, traffic, parking, general disturbance or problems of disorder and nuisance; (iv)the proposal would not have a unacceptable negative impact on the retail image of the area in which it is located; Reason for suggested change: Proposal for hot food takeaways outside of defined centres and within 400 metre radius of a secondary school will not be permitted unless it can be demonstrated that it will not increase the accessibility to the establishment to pupils. SADM 49 Policy SADM49 - Night-time and Evening Uses The Council will in addition consider the following factors in determining planning applications for evening economy uses, including entertainment, late night retailing and eating and drinking establishments. Applications for these uses will be permitted where: In response to the Inspector s MIQs Matter (i) whether the proposal supports the creation of a balanced evening economy; (ii) the likely effects of the proposal, whether individually or cumulatively, in terms of noise, traffic, parking, signage and lighting, general disturbance or problems of disorder and nuisance; (iii) the design of the development, as it relates to public safety, crime prevention and the reduction of anti-social behaviour; (iv) arrangements for mitigating pollution, including noise, odours and emissions; (v) access arrangements for people of all ages and abilities; (vi) whether adequate levels of parking and public transport would be available during the hours of operation; and (vii) whether the day-time use would detract from the character and amenity of the surrounding shops and services (i.e. by providing a blank frontage due to closure during the day rather than maintaining an active street frontage). Page 24 of 58

25 Ref. No Policy / Paragraph Number: Suggested changes: Reason for suggested change: Para Table 4: Monitoring Framework (i) the proposal supports the creation of a balanced evening economy; (ii) the likely effects of the proposal, whether individually or cumulatively, would not result in unacceptable impacts in terms of noise, traffic, parking, signage and lighting, general disturbance or problems of disorder and nuisance; (iii) the design of the development is acceptable, as it relates to public safety, crime prevention and the reduction of anti-social behaviour; (iv) arrangements are agreed for mitigating pollution, including noise, odours and emissions; (v) the proposal incorporates access arrangements for people of all ages and abilities; (vi) adequate levels of parking and public transport would be available during the hours of operation; and (vi) the day-time use would not detract from the character and amenity of the surrounding shops and services (i.e. by providing a blank frontage due to closure during the day rather than maintaining an active street frontage) Although there are no particular issues identified at present, it is also important to control the quantity, type and location of A3, A4, A5 and other evening or late night uses in the interests of local amenity and health. The location of hot food take-aways close to secondary age schools gives rise to health concerns. Research indicates that students are likely to walk up to 400 metres to buy lunch. Proposals to locate new hot food take-aways within a 400 metre walking distance of a school site entrance will therefore not be supported by the Council be assessed for their impact on the accessibility of hot food take-aways to students, unless the proposal is within an existing town, local town or district centre on the Shopping Centre hierarchy table 3. [See Appendix 8 below] In response to the Inspector s MIQs Matter 8 In response to the Inspector s MIQs Matter 9 Page 25 of 58

26 Ref. No Policy / Paragraph Number: Appendix A SADM 33 SADM 1 Para. 4.7 Suggested changes: [The Council will make sure maps included in Appendix A are correctly referred to as part of the Policies Map and not as Appendix A of the SADM plan.] 1.4ha of open space (thereafter to be treated as Local Green Space for planning policy purposes) to be provided within site H9 (SADM1). The space must be usable, well-designed and safely and conveniently accessible from the surrounding housing area. The layout should include a minimum of 1.4ha of open space which will thereafter be treated as Local Green Space for planning policy purposes (Proposal C1 in SADM33). The Council supports habitat conservation, improvement and extension, and where necessary mitigation measures. It is important to retain the ecological, geological and biodiversity benefits of sites. Policies also seek protection of species. Where it has been identified that a habitat or species protected in European or Statutory legislation could be affected by a proposed development, the Council will require sufficient survey information and mitigation or compensation proposals at the time the application is submitted. This is to ensure that an assessment is undertaken of the possible impacts, any appropriate mitigation or compensatory measures, including planning obligations, and future management of the site and any protected species. The Council will consider using the BIAC where appropriate. Reason for suggested change: In response to the Inspector s MIQs Matter 10 To respond to site specific representation made by the Hertfordshire County Council To respond to site specific representation made by the Hertfordshire County Council To respond to supplementary statement made by the Herts and Middlesex Wildlife Trust Page 26 of 58

27 Appendix 1 Suggested change to Policies Map relating to Policy SADM24 Village Envelopes in response to a representation from a local landowner reference 034a Revised infill envelope has been proposed in response to representation reference 034a Map A below shows the extent of the Village Envelope in the Pre-submission SADM Policies Plan Map B below shows the extent of the Village Envelope following the proposed change. Page 27 of 58

28 Map A: Pre-submission SADM Appendix A map: Policy SADM24 Village Envelopes Shenley Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 28 of 58

29 Map B: Suggested change to map in response to representation ref. 034a Policy SADM24 Village Envelopes Shenley Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 29 of 58

30 Appendix 2 Suggested change to Policies Map relating to Policy SADM24 Village Envelopes in response to Hertfordshire County Council representation reference 026m Revised infill envelope has been proposed to ensure consistency in determining village envelopes by including the built form and hard play areas at St Giles Primary School in South Mimms. Map A below shows the extent of the Village Envelope in the Pre-submission SADM Policies Plan Map B below shows the extent of the Village Envelope following the proposed change. Page 30 of 58

31 Map A: Pre-submission SADM Appendix A map: Policy SADM24 Village Envelopes South Mimms Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 31 of 58

32 Map B: Suggestsed change to map in response to representation ref. 026m: Policy SADM24 Village Envelopes South Mimms Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 32 of 58

33 Appendix 3 Suggested change to Policies Map relating to Policy SADM25 Key Green Belt Sites in response to Bio Products Laboratory representation reference 045a Revised infill envelope has been proposed to reflect known future development.] Map A below shows the extent of the Key Green Belt Site infill boundary in the Pre-submission SADM Policies Plan Map B below shows the extent of the Key Green Belt Site infill boundary following the proposed change. Page 33 of 58

34 Map A: Pre-submission SADM Appendix A map: Policy SADM25 Key Green Belt Sites (existing) b) Bio Products Laboratory, Dagger Lane, Aldenham Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 34 of 58

35 Map B: Suggested change to map in response to representation ref. 026m: Policy SADM25 Key Green Belt Sites (proposed) b) Bio Products Laboratory, Dagger Lane, Aldenham Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 35 of 58

36 Appendix 4 Suggested change to Policies Map relating to Policy SADM25 Key Green Belt Sites in response to Hertfordshire County Council representation reference 026a Revised infill envelope has been proposed in order to provide flexibility for future expansion on the site, which has been agreed by the Academy. Map A below shows the extent of the Key Green Belt Site infill boundary in the Pre-submission SADM Policies Plan Map B below shows the extent of the Key Green Belt Site infill boundary following the proposed change. Page 36 of 58

37 Map A: Pre-submission SADM Appendix A map: Policy SADM25 Key Green Belt Sites (pre-submission) m) Hertswood Lower School, formerly Nicholas Hawksmoor School and Sports Centre, Cowley Hill, Borehamwood Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 37 of 58

38 Map B: Suggested change to map in response to representation ref. 026m: Policy SADM25 Key Green Belt Sites (proposed) m) Hertswood Lower School, formerly Nicholas Hawksmoor School and Sports Centre, Cowley Hill, Borehamwood Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. Page 38 of 58

39 Appendix 5 Suggested correction to Policies Map (Whole Borough Map and Map B Bushey and North Bushey) in response to Hertfordshire Gardens Trust representation reference 012b: Bushey Rose Garden should be shown on the Policies Map as both a Historic Park and Garden and a Local Green Space. Map A: Extract from existing Policies Map showing only the Local Green Space designation: Page 39 of 58

40 Map B: Extract from corrected Policies Map showing the Historic Parks and Gardens designation alongside the Local Green Space: Page 40 of 58

41 Appendix 6 Suggested change to correct error in SADM45 Primary and Secondary Frontages Inset Map This change is proposed to correct an error in the Inset Map (Appendix A, p.189, in Pre-submission SADM. Core Strategy Policy CS28 Strengthening town centres states that: The retail function and vitality of designated centres will be reinforced through the designation of primary and secondary shopping frontages in Borehamwood, Potters Bar, Bushey and Radlett... The map defining the Primary and Secondary Frontages for Bushey Heath High Road within Appendix A of the Pre-submission SADM Plan (July 2015) shows three buildings outside of the Bushey High Road District Centre (SADM43) as being within Secondary Frontages. The Council proposes to correct this error through amending the appropriate map in Appendix A. The existing and proposed maps are shown below: Map A: Pre-submission SADM Appendix A map: Policy SADM43 Bushey Heath High Road District Centre Map B: Pre-submission SADM Appendix A map: Policy SADM44-45 Primary and Secondary Frontages, High Road, Bushey Heath Map C: Proposed amended map: SADM Appendix A map: Policy SADM43 Bushey Heath High Road District Centre Page 41 of 58

42 Map A: Pre-submission SADM Appendix A map: Policy SADM43 Town and District Centres Bushey Heath High Road District Centre Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. Page 42 of 58

43 Map B: Pre-submission SADM Appendix A map: Policy SADM45 Primary and Secondary Frontages, High Road, Bushey Heath High Road, Bushey Heath Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. Page 43 of 58

44 Map C: Suggested change to map: SADM43 Town and District Centres Bushey Heath High Road District Centre Crown copyright and database rights 2015 OS EUL Use of this data is subject to terms and conditions. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. Page 44 of 58

45 Appendix 7 Correction of an error on Policies Map relating to Green Belt Boundary west of Green Meadow, Potters Bar A change to the Policies Map is required to address an accidental alteration of the Green Belt Boundary (Policy SADM23) at 9 Green Meadow, Potters Bar. The Policies Map shows a small Green Belt boundary change compared with the Green Belt Boundary defined on the Local Plan 2003 Proposals Map boundary. This alteration is accidental; it is not proposed through the SADM Plan, and was not assessed through the Green Belt Sites Report (2014). Therefore the Green Belt Boundary at this location should revert back to the boundary as shown in the Local Plan 203 because no change is proposed through the SADM Plan. Map A shows the relevant extract from the Pre-submission SADM Policies Map Map B shows the corrected map. Map A: Pre-submission SADM Policies Map: Green Belt boundary west of Green Meadow, Potters Bar Page 45 of 58

46 Map B: Suggested change to Pre-submission SADM Policies Map: Green Belt boundary west of Green Meadow, Potters Bar Page 46 of 58