Appendix 3: Replacement Local Plan Policies

13.1 The Council will protect and enhance the heritage and character of the Borough and quality of life for its residents by encouraging high standards of quality and design in new development. All development proposals should comply with the following:

• Siting and design should be in scale and harmony with the surroundings, innovative where possible, and contribute towards the character of an area. Housing densities should reflect those in Policy 20.
• Natural Stone and slate appropriate to the vicinity in respect of colour and type should be used on Listed Buildings. This will also apply to Conservation Areas unless there is a predominance of artificial materials in the vicinity. In other locations artificial stone and slate appropriate in colour to the immediate vicinity will be permitted.
• Metal frame buildings, including roofing design, will be of muted hues and darker colours.
• Existing trees and hedgerows to be protected in line with Policy 14 and appropriate landscaping to be introduced in line with Policy 16.
• Sustainable drainage systems shall be incorporated unless evidence is produced to justify why such schemes are not appropriate, in which case an acceptable alternative must be incorporated.
• The development shall demonstrate that it incorporates satisfactory standards of security to prevent crime both within the development site and in the surrounding area.

13.2 Shop front security proposals should conform to guidance contained within the ‘Shop Front Security’ supplementary leaflet15.

13.3 Proposed advertisements must not impinge on residential amenity or highway safety.

13.4 Proposals which promote sustainable construction techniques, including energy efficiency and the use of renewable energy will be encouraged, in line with Policy 5.

16.1 The Council will require all development proposals which involve new build or re-build to include a scheme of landscaping sympathetic to the site’s character and vicinity.

16.2 In particular, new development should make use of, and provide for the retention (and repair) of existing trees, dry stone walls, hedgerows, ponds, watercourses and other semi-natural habitats. New boundaries at the edge of a settlement or in the open countryside must be created of dry stone walling or native species hedgerow, whichever is appropriate. The provision of new ecological habitats such as ponds, within landscaping schemes, will be encouraged, provided that they are appropriate to the development site.

16.3 Planning conditions may be used to ensure the successful implementation of the landscaping scheme.

17.1 Proposals for new residential development will only be permitted where:

There is insufficient land with planning permission to meet the annual
provision rate as detailed in the most up-to-date Housing Land Availability
Schedule¹⁹.

17.2 Where the most recent published Housing Land Availability Schedule demonstrates that the capacity of existing planning permissions is not sufficient to satisfy the annualised housing requirement proposals for new housing will be considered, in order of priority for:

1. The re-use or conversion of existing buildings within a settlement boundary
2. The redevelopment of previously developed land within a settlement boundary
3. The development of previously undeveloped land within a settlement boundary, where this avoids areas of open space (Policy 33), areas identified as being of defined settlement character (Policy 12) and areas of natural heritage (Policies 4A-4C), where it is demonstrated that the site is well located in relation to houses, jobs, other services and infrastructure, and is or can be made accessible by public transport, walking or cycling. 

17.3 Where the most recent published Housing Land Availability Schedule demonstrates that the capacity of existing planning permissions is sufficient to satisfy the annualised requirement proposals for new housing will not be granted permission, unless the proposal is for one of the following exceptions: 

1. Replacement of cleared dwellings
2. Housing for special need housing groups where there is an identified local need as set out in the Supporting People Strategy²⁰
3. Affordable housing where there is an identified local need as set out in an up-to-date housing needs assessment
4. New dwellings which form a key element of a mixed use regeneration project where such a project has been approved by the Council
5. An agricultural or forestry worker’s dwelling where it is essential to the functioning and viability of the agricultural or forestry holding
6. Conversion of a building(s) to residential use where it would be the only realistic means of securing the future of a Listed Building (in line with Policy 9)
7. Conversion of a building within a defined settlement boundary to create no more than five residential units within any one planning unit as it existed on 6th October 2004.

17.4 The exceptions in A-D and G above should be met in order of priority of 1-3 above. However the following will also apply: 

• For replacement dwellings where there is insufficient previously developed land within a settlement boundary to meet the needs of the proposal, development may be permitted on HMR Reserved Housing Land where it can be demonstrated that sites in accordance with 1-3 above are not available (or that the HMR Reserved Housing Site accords with either 1, 2 or 3 above) and the dwellings cannot be replaced on the same site.

  The following sites are designated as HMR Reserved Housing Land:

  Clitheroe Road, Brierfield	2.1 ha21
  Gib Hill, Nelson (Phased)	12.01 ha
  Knotts Lane, Colne (including the former Cement Works)	7.85 ha
  Former Lucas Sports Ground, Reedley	2.64 ha
  Further Clough Head, Nelson	3.66 ha22
  James Nelson’s Sports Ground, Nelson	1.82ha

• For special needs or affordable housing, exception sites adjoining a settlement boundary in rural areas will be considered where there is insufficient land within a village settlement boundary.
• For agricultural / forestry workers dwellings, exception will be made for development outside of the main urban area in line with Policy 1.

17.5 Amendment to a previously permitted scheme (extant permission) will be treated as an exception, providing there is no net increase in dwelling numbers across the site. 

Footnotes

¹⁹ Pendle Borough Council will prepare an annual Housing Land Availability Schedule with a base date of 31st March each year from 2004 onwards. See Appendix 3 for details of how to obtain a copy.
²⁰ Supporting People Strategy (2002) available from the Housing Department, Pendle Borough Council
²¹ A full site investigation on gas migration and other contaminants, including any remedial proposals should be submitted with any application for planning permission on this site.
²² A full site investigation on gas migration and other contaminants, including any remedial proposals should be submitted with any application for planning permission on this site.

18.1 The Council will support regeneration activities within the Housing Market Renewal Intervention Area as highlighted on the Proposals Map. Area Development Frameworks (ADF) have been prepared for Brierfield, Nelson and Colne. These have fully engaged the local community and will be endorsed by the Council, Local Strategic Partnership and Pathfinder Board.

18.2 Within the ADF boundaries the Council will grant planning permission, where needed, for the following actions so long as they are in line with all other Local Plan policies and are supported by the ADF for the area and, in particular, any Area Action Plan or SPD

1. Improvement, repair and clearance of existing residential property
2. New residential development (in line with Policy 17)²⁴
3. Quality open space provision (in line with Policies 21 and 34)
4. Community facilities and employment opportunities (in line with Policies 23, 26 and 32)
5. Leisure, health and education provision (in line with Policy 34)
6. Improved transport links

18.3 The Council will require an appropriate historical and townscape assessment on any potential clearance site where it is deemed necessary.

18.4 The design of new developments should be in line with Policy 13 and any design brief prepared as SPD for the area.

Footnotes

²⁴ Additional dwellings in excess of a one for one replacement will count against the Joint Lancashire Structure Plan (JLSP) requirement (Policy 12).

21.1 Where there is an identified deficiency of open space²⁹, proposals for new housing development of 10 units or more will be required to make adequate provision for new open space on site³⁰. The developer will also be required to make a payment to the Council to provide for the maintenance of the open space for a period of ten years.

21.2 In cases where it is not possible to provide the open space requirement on site, the Council will instead require a commuted sum payment from the developer which will contribute towards new open space provision, or, the maintenance and enhancement of existing open space within the local area.

Footnotes

²⁹ Wards with deficiencies of open space are identified in the Council’s Open Space Audit (2004), see Appendix 3.
³⁰ Open space will include outdoor sports facilities, park land, amenity land and children’s equippedplay areas. The appropriate type of open space to be provided will be dependent on the levels ofdeficiency of each type identified in the Open Space Audit

22.1 Within the Protected Employment Areas (mixed use) planning permission will be granted for B2 development. Permission will be granted for B1 development provided this does not result in an excess of 25% of total floorspace in the Protected Area at any one time. Planning permission will be granted for B8 use provided this does not result in an excess of 10% of total floorspace in the Protected Area at any one time.

22.2 Within the Protected Employment Area (B1 only) planning permission will be granted for B1 development only.

22.3 Proposals for development other than for business or general industry (B1, B2 or B8) will be resisted. However, all developments will be considered suitable if they meet the requirements of all other Policies and where:

1. The premises³¹ can be shown to be obsolete for industrial, business AND storage use,

AND

2. Evidence demonstrates that the premises have remained vacant for over four years (continuous);

OR

3. There would be a significant benefit to the local economy.

OR

4. The proposal is for the sale of goods manufactured or related to the manufacture of goods on the site and would be ancillary to any B1/B2/B8 activity (Policy 25).

22.4 Any developer permitted to use the site/premises for a use other than for business or general industry (with the exception of point 4 above) must provide a relevant contribution to the Brownfield Site Development Fund.

Footnotes

³¹ In the context of Policy 22 the word ‘premises’ includes the buildings and land within the curtilage of the existing industrial site that is protected by the policy.

23.1 Proposals for new industrial development (B2, B8, B1 (b) or (c)) should be located in order of priority on:

1. Protected Employment Areas (Subject to Policy 22).
2. Vacant employment land or premises outside of Protected Employment Areas.

23.2 Proposals for new business (B1 (a)) use should be located in order of priority on:

1. Town Centres or Local Shopping Centres (Subject to Policy 26) or at transport hubs or public transport accessibility corridors within the urban area.
2. Protected Employment Areas (Subject to Policy 22).
3. Vacant employment land or premises outside of Protected Employment Areas.

26.1 Proposals to introduce non-shopping uses in town centres and local shopping centres outside of defined Primary or Secondary shopping frontages will be supported. The introduction of non-shopping uses to a defined shopping frontage in a town centre or local shopping centre or within a defined local shopping frontage will also be approved unless:

26.2 The proposal would result in the total proportion of non-shopping uses (including unimplemented valid planning permissions) exceeding 25% of a defined primary frontage or 50% of a defined secondary or local frontage (in terms of frontage length⁴²).

26.3 Notwithstanding this, where it can be shown that a unit has remained vacant for over 3 years, permission for a non-shopping use will be granted.

26.4 The grant of planning permission for any non-shopping use will be dependent on the following being satisfactory:

1. The hours of operation.
2. Car parking and servicing provision.

26.5 Applications for hot-food take-aways must also supply information on:

3. The emission of odours and provision of fume extraction (Policy 8).

Footnotes

⁴² Where a shopping frontage crosses a road, the road should not be counted in the calculation of the percentage of frontage occupied by non-shopping uses.

29.1 The following improvements to the road network in Pendle will be supported:

1. Construction of a link from Colne to North Yorkshire border.
2. One-way system on Langroyd Road, Colne.

29.2 The former route of the Colne-Skipton railway line will be protected for future transport use (see proposals map). Planning permission which would prevent the re-use of the railway route for future road and/or rail will not be permitted.

29.3 A proposed route to the west of Earby is protected as a transport corridor for potential future road development.

29.4 A Transport Assessment and Travel Plan will be required to be submitted for any development proposal that will considerably impact on the capacity/demand of the road network.

29.5 The Borough Council will support Traffic Calming initiatives, particularly in residential areas. Developers seeking new residential, employment, retail or leisure development on land over 0.4 ha (or part of) should provide Traffic Calming measures on site where appropriate, and contributions will be sought for traffic calming initiatives around the development if required.

30.1 The Council will support improvements to public transport through:

1. Quality Bus Route Initiative⁴³ – improved reliability and journey times, improvements to interchange and terminal facilities, improved quality and availability of information, and improvement to the on street passenger waiting environment.
2. Rapid Transit⁴⁴ – Improvements to the rail and bus network in terms of new and segregated routes, increased frequencies, through ticketing, integrated systems and better customer environments and the introduction of Community Rail Partnerships.
3. Section 106 Agreements – Developers will be required to contribute towards public transport improvements in the vicinity of the development, where necessary, on sites of 0.4 hectare or more.
4. South Lancashire Rural Transport Partnership (see Footnote 43) – supporting local communities in developing sustainable rural transport initiatives.

30.2 The Council will support cycling as a sustainable mode of travel and will encourage the rollout of the Pendle Cycle Network. New development for housing, retail/leisure or employment should make provision for cycle access and cycle routes on site.

30.3 The Council supports walking as a sustainable mode of travel and will assist the implementation of further Safe Route to School projects. All new development proposals should be ‘pedestrian friendly’. 

Footnotes

⁴³ Further information on the Quality Bus Routes and the South Lancashire Rural Transport Partnership can be obtained from Lancashire County Council. South Lancashire Rural Transport Partnership currently has funding until April 2006.
⁴⁴ Further information on the Rapid Transport initiative can be obtained from Lancashire CountyCouncil.

31.1 The Council will support car parking in new developments in line with the Maximum Car and Cycle Parking Standards (Appendix 2). All new parking provision should be in line with these standards, unless this would compromise highway safety.

31.2 Cycle parking in new development will be provided at a minimum of 1 per 10 car spaces and covered secure provision will be required on all developments employing 30 or more full or part-time staff, in line with the Parking Standards. Proposals to introduce cycle parking to town and local shopping centres or existing places of work, residence, leisure or service facilities will be supported.

31.3 The Council will continue to support short-stay car parking. The Council will protect the most used and best located car parks from any other development (See proposals map).

31.4 A Transport Assessment and Travel Plan will be required to be submitted for certain development proposals (see Appendix 2 – Table F).

31.5 The availability of car parking has a major influence on the means of transport people choose for their journeys. As part of an overall national strategy to reduce car use and encourage the use of more sustainable travel modes, there is a requirement to limit the amount of car parking provided in new developments. PPG13 states that there should be no minimum parking standards for development, other than parking for disabled people, but instead parking standards should be expressed as maximums. At the national and regional level, maximum car parking standards have been established. These have been translated at a County-wide level. The County Parking Standards have been the subject of full public consultation through the Joint Lancashire Structure Plan review. These standards now form part of this Local Plan (see Appendix 2). The maximum standards for new development should be adhered to unless the provision of limited car parking would have severe implications for highway safety. Ideally development should avoid areas where excessive car parking is required

31.6 Dedicated parking for bicycles will be provided to assist and encourage a modal shift. This Policy requires adequate parking for bicycles at a level of 1 space per every 10 car spaces permitted under the maximum car parking standards. To support the Council’s Cycling Strategy secure cycle parking should be provided as part of larger developments (those over 0.4 ha or part of) and employers will be encouraged to supply secure cycle parking as part of any travel to work initiative. The Council will also seek to provide new or improved facilities in town or local shopping centres, at rail/bus stations and at leisure and service facilities.

31.7 Whilst reducing the levels of car parking in new development may go part way to reducing car travel, it is vital that some level of parking is available within and around Pendle’s town and local shopping centres. In line with the Lancashire County Council SPG ‘Access and Parking’ long stay parking in Nelson/Brierfield town centres should be changed to short stay where possible and overall long stay parking in town centres should be reduced. However, removing all parking would undermine the regeneration activities within the town and local shopping centres and surrounding housing market renewal pathfinder areas. Consequently the Local Transport Plan recognises that Pendle Council wish to continue support for the short stay parking schemes operating in Nelson. Short-stay car parking has been expanded to cover other parts of the Borough as a result of the decriminalisation of parking. Longer stay car parks will be available where needed. This Policy seeks to protect those valuable short and long stay car parks from development pressure. Underused or poorly located car parks will remain unprotected and some feature in the Urban Potential Study as a source of brownfield potential for housing (subject to Policy 17).

33.1 The Council will seek to protect those areas of open space as allocated on the proposals map, and defined in the Council’s Open Space Audit49. The loss of open space will only be permitted where:

1. The loss involves poor quality Amenity Open Space (see Open Space Audit) in areas where there is a surplus of provision.

OR

2. The proposal provides for the replacement of open space provision as compensation and will result in no net loss to the community it serves. The replacement scheme must be accessible to current users and provide facilities of equal or improved community value. A Planning Agreement will be sought to secure the exchange of land, and ensure that the necessary works are undertaken.

Footnotes

⁴⁹ Borough of Pendle (2004) Open Space Audit – BoP. See Appendix 3 for details of how to obtain a copy of this document.

Open Space Fund – Applicable to Provision of Open Space in New Housing Development (Policy 21)

In certain situations, it will not be possible to provide open space provision in new housing development. In this circumstance the Council will require a commuted sum payment from the developer which will contribute towards the new provision, or, enhancement of existing open space provision in the local area. A figure in the range of £1,000 - £1,200 per house developed will be required.

The developer is also required to make a commuted sum payment to guarantee the future maintenance of the open space for ten years after the development is completed. This will be set by the Council’s Parks, Cemeteries and Outdoor Recreation Department.

The fund will be used to provide new provision, and the enhancement and maintenance of existing open space within the Borough. This could include works to benefit biodiversity such as where an application site is in close proximity to a known biodiversity site, by the creation of new habitats in new or existing open space, by changes in land management to benefit wildlife, procurement of land that would enhance wildlife corridors, and/or by contributing to Local Nature Reserve provision. The fund will be administered by the Council’s Parks, Cemeteries and Outdoor Recreation Department.

Brownfield Site Development Fund - Applicable to Protected Employment Areas (Policy 22)

The Brownfield Site Development Fund was established by Council resolution in August 1998. It was agreed to secure funds from developers who wished to redevelop Essential Employment Areas. These funds would then be used to help regenerate brownfield sites and redundant buildings, bringing them back into employment use.

In this Local Plan, policy based on Protected Employment Areas (Policy 22) seeks to encourage the retention and re-use of quality employment sites in Pendle, thus reducing the need for new greenfield development for employment purposes. However, there are instances whereby traditional industrial or business premises have become obsolete for employment use, in such cases, redevelopment may be appropriate. In this instance a contribution to the Brownfield Site Development Fund will be sought. A figure in the range of £40, 000 to £60, 000 per hectare of land lost (gross land, including any buildings) will be sought. This sum of money has been derived from an analysis of the increase in value gained by securing a change of use on the site, for example, from industrial to say residential or retail, and applying a percentage of that to the Fund.

The fund will be used for any brownfield site in Pendle where the Borough Council seeks to get involved to secure employment development. The fund will be administered by the Executive Director (Regeneration). The fund will enable the Borough Council to contribute to the costs of abnormal works. These could include demolition, dealing with contamination from previous uses, ground conditions, a new access or services if these are required, other amenity / environmental considerations and refurbishment works to redundant buildings.

Traffic Calming Fund – Applicable to Creating an Improved Transport Network (Policy 29)

Traffic Calming will be required as part of new large developments (over 0.4 ha). However, new development has the potential to increase traffic flows in surrounding areas, consequently there will be instances where Traffic Calming is required within the neighbouring vicinity of the new development.

Funds for new or improved Traffic Calming in the surrounding area will only be sought on developments of 0.4 ha or more in site area. This will also apply where a phase of a larger development is to be developed, funds will be sought on a pro-rata basis. The level of money to be contributed will be negotiated with the Highway Authority.

The fund will be administered by the Local Highway Agency or outside of the Local Agency remit, by the County Highways Authority.

Public Transport Improvement Fund – Applicable to Sustainable Travel Modes (Policy 30)

In order to reduce car travel and increase the usage of more sustainable modes of travel, it is important to locate new development in locations easily accessible by a variety of travel modes. However, the accessibility of new development can be improved by strengthening existing public transport services.

Developers who wish to build on sites of 0.4 ha or more, irrespective of proposed use, will be expected to contribute to a Public Transport Improvement Fund. The accessibility questionnaire in Appendix 2: Car and Cycle Parking Standards will be used to identify those areas which have a deficiency in terms of public transport provision or those sites with inadequate public transport links. The fund could then be used to target those areas where there is a deficiency of public transport provision. The required funds will be negotiated with Lancashire County Council and will be administered by them as the Public Transport Co-ordinating Authority.