2. Housing

The Regional Spatial Strategy for the North West sets out annual provision rates for housing. This is translated through the Joint Lancashire Structure Plan into a total figure for each district and a series of annual provision rates. Pendle must provide 1,970 new dwellings between 2001 and 2016. This is to be provided at a rate of 235 dwellings per annum to 2006 and from 2006-2016 at 80 dwellings per annum. This is in line with the RSS which puts emphasis on the need to develop phasing mechanisms for the release of housing land. This is reinforced in PPG3 which seeks a plan, monitor and manage approach.

The Joint Lancashire Structure Plan requires Districts to meet their annual provision rates as closely as possible. However, if the rate is exceeded adjustments must be made to the annual rate for subsequent years. The overall housing requirement to 2016 should not be exceeded.

Every year Pendle Borough Council will produce a Housing Land Availability Schedule with a base date of 31st March. This details the number of dwellings built over a given period and will be used to assess the ability of Pendle to meet the annual provision rate for the forthcoming year. Where the annual provision rate has been exceeded in previous years the Schedule details the adjustments to be made to the provision rate for the subsequent years.

To assist in meeting the annual provision rate it is important to retain a stock of land for housing sufficient to meet a one year provision rate. In Pendle this stock of land is classified as land with planning permission for housing. In order to bring forward sufficient land to meet the annual provision rate a stock of 4 years planning permissions are required in Pendle. The Housing Land Availability Schedule details all sites with planning permission for housing as of 31st March each year.

Where the stock of land with planning permission exceeds that required to meet the annual provision requirement (4 years worth – if shown in the most up-to-date published Housing Land Availability Schedule), the Council is in a position of ‘oversupply’. When in a position of oversupply the Council will not grant planning permission for further residential development other than in those instances listed as A-G in this Policy. These exceptions are explained below. Dwellings provided in these special circumstances will count towards the overall housing requirement, with the exception of replacement dwellings (Part A), and therefore may necessitate a consequential adjustment to the annual provision to be met in subsequent years.

Policy 12 of the Joint Lancashire Structure Plan recognises that most Districts are in a position of ‘oversupply’ with planning permissions far exceeding the annual requirement.

As of 31st March 2004 Pendle has a significant stock of land with planning permission for housing. Indeed, taking account of completions since April 2001 and valid planning permissions the Council can meet the annual provision rates to mid 2015

If, in time, the most up-to-date Housing Land Availability Schedule shows there is insufficient land with planning permission to ensure adequate dwellings are built to meet the annual provision rate (4 years supply of planning permissions) planning applications for residential development will be acceptable in quantitative terms. The suitability of any such applications will be determined in accordance with the sequential approach in 1-3 of this Policy.

PPG3, RSS and the Joint Lancashire Structure Plan advocate the use of previously developed land and buildings in the first instance. Indeed the Joint Lancashire Structure Plan sets Pendle a target of meeting 75% of all new residential development on previously developed sites by 2016. An Urban Capacity Study for Pendle undertaken in 2003 identified capacity for 387 units to be provided on brownfield sites.

The sequential approach detailed in 1-3 of this Policy is in accordance with that set out in Policy DP1 of the Regional Spatial Strategy and Policy 12 of the Joint Lancashire Structure Plan.

Proposals for residential development on garden land will be permitted on sites within a settlement boundary, subject to Policy 20.

This quantitative assessment of housing requirements seeks to deliver housing for all sections of the population. However the existing supply is based on previous planning approvals which will not provide for all and will not necessarily succeed in delivering a sustainable and socially inclusive community. There are therefore a number of exceptions to the oversupply situation to help balance supply with demand and help deliver socially essential housing:

Both the annual rate of housing provision detailed in the RSS and the Joint Lancashire Structure Plan are net of clearance. Policy 13 of the Joint Lancashire Structure Plan recognises that clearance will be undertaken where retention is not economically viable due to stock condition or low demand or where it assists with the wider regeneration of an area. Large parts of the urban area of Pendle are designated as a Housing Market Renewal Intervention Area (Nelson, Colne and Brierfield) under the Government’s pathfinder initiative. Area Development Frameworks (ADFs) have been prepared for those parts of Pendle and these seek to deliver joined up solutions to help restore confidence in the housing market and create greater choice and type of dwelling. Support for clearance in the ADFs or through further master planning may result in a loss of some of the Borough’s terraced houses. Any replacement of these dwellings will be treated as an exception to this policy.

In addition to clearance and replacement for regeneration this policy will also permit the replacement of a cleared dwelling anywhere in the District so long as it is in line with all other Local Plan policies. In this situation replacement dwellings must be on the same site as the cleared unit(s). No increase in unit numbers will be permitted. Replacement must be on a like for like basis as a maximum.

In ADF areas it may not prove possible to replace all dwellings on the original site. This will occur where the ADFs recognise a need to reduce the density of terraced properties and provide open areas and community facilities. In this situation replacement dwellings will be permitted on alternative sites. This must be clearly justified through the ADF or further masterplans. In accordance with the sequential search set out in Policy 17 (Points 1-3) all replacement dwellings should be located, in the following order of priority; i) in reused or converted buildings within a settlement boundary, ii) previously developed land within a settlement boundary; or, iii) previously undeveloped land within a settlement boundary (as defined by Policy 17 point 3). In respect of replacement dwellings, where it is demonstrated that sites in accordance with the sequential approach (Policy 17 points 1-3) are not available within the ADF boundary (or that the HMR Reserved Housing Site accords with either 1, 2 or 3 above) then consideration will be given to releasing some HMR Reserved Housing Land for new housing development. Sites within a defined ADF boundary will be given priority for release so long as they are in a location suitable to serve the regeneration needs as identified through any master planning work or Area Action Plan.

HMR Reserved Housing Land is land that is protected for possible use for offsite replacement housing associated with the HMR Pathfinder Programme. In this Plan HMR Reserved Housing Land will only be released for housing where it will assist with regeneration within ADF areas. If there is sufficient previously developed land to meet the needs of replacement dwellings within the ADF boundaries over the plan period, the HMR Reserved Housing Land will remain undeveloped. The status of the HMR Reserved Housing Sites will be reconsidered at the review stage.

If there is an identified need for HMR Reserved Housing Land a Planning Brief will be prepared to ensure appropriate development of the site and maximise capacity on the site to reduce the need for the further release of HMR Reserved Housing Land.

A review of the continued need for HMR Reserved Housing Land and the specific sites identified will be considered as part of the Local Development Framework.

The Lancashire Supporting People Strategy (2002) sets out the identified need for supported housing across the whole of Lancashire for the next 5 years. The special needs assessment for Pendle indicates that there is a shortage of accommodation for ex offenders and for households from black and ethnic minority backgrounds. This is shown in the table below:

Only those developments which seek to meet an identified need as set out in the Supporting People Strategy will be supported. Any application for planning permission must demonstrate that the housing proposed is to be provided for those special needs groups. Planning Obligations will be used to ensure the use of those dwellings is maintained for those special needs groups in perpetuity.

Affordable Housing for the purposes of this Plan is defined as housing of an adequate standard which is cheaper than that which is generally available in the local housing market. It may comprise subsidised rented housing, subsidised low cost ownership including shared ownership and, in some market situations cheap housing for sale. It is intended to provide for those who are in unsuitable housing or households sharing a dwelling who require to move to separate accommodation but cannot afford to do so in the local area or for those people who have business within the local area.

The 2003 Housing Needs Survey²³ indicates that there is an overall surplus of 80 affordable housing units in the Borough. However, this masks geographical variation and, in particular, there are acute shortages of affordable accommodation in the rural areas of the Borough where house prices are high as a consequence of high demand.

²³ Pendle Borough Housing Needs Survey (2003). BoP 

In general terms the Housing Needs Survey shows that for rented properties in the next 5 years there will be:

• An over supply of affordable accommodation in Colne
• An over supply of affordable accommodation in Brierfield and Reedley
• A small shortage of affordable rented accommodation in Nelson of a particular type

For market housing over the next 5 years there will be a net:

• Shortage of accommodation in West Craven, Boulsworth and Pendleside
• A small shortage of accommodation in Colne.
• An over supply of accommodation in Nelson
• An oversupply of accommodation in Brierfield and Reedley

The shortfall in accommodation occurs due to a mismatch between the availability of dwelling types in the local housing market against housing needs and aspirations of emerging households. As well as geographical variations there are also variations in need by dwelling type.

All applications for affordable housing in both urban and rural areas must demonstrate that there is an identified ‘need’ within that vicinity and for that type of dwelling. This can be demonstrated through reference to the Council’s Housing Needs Survey (2003) or through an up-to-date local assessment which identifies a need for a particular type of low cost housing for local people. No development will be permitted where it seeks to provide more dwellings than required to meet the identified need. This need will also be balanced with the environmental considerations in Policies 2, 3, 4A, 4B and 4C.

For the purposes of this Policy housing ‘need’ is defined as ‘a need for a low cost house where the person’s (or household’s) circumstances match one of the following:

1. A person who is or has already established business within the local area. In rural areas, this must be within the village or close proximity to the village in which the dwelling is sought.
2. Persons who currently live permanently in a dwelling which is either shared, not self-contained, overcrowded or otherwise unsatisfactory by environmental health standards and which is currently within the village, open countryside or town within which a new dwelling is sought.
3. Existing residents of a village who are establishing a separate household but cannot enter the housing market due to income.’

Occupancy of the dwellings will be restricted to those local people in housing need in perpetuity. A Planning Obligation will be used to ensure future occupancy is controlled.

Any proposal for affordable housing should be met in order of priority in accordance with the sequential search set out in Policy 17 (points 1-3): i) in reused or converted buildings within a settlement boundary; ii) previously developed land within a settlement boundary; or, iii) previously undeveloped land within a settlement boundary (as defined by Policy 17 point 3). However, in rural areas, the Council will permit affordable housing on small sites within or immediately adjoining an existing village. That is any settlement in the rural area with a defined settlement boundary (see Proposals Map). This must be clearly justified by an assessment of housing need and the developer must demonstrate that no alternative sites exist within the settlement boundary. Development should avoid sensitive environmental designations (Policies 2-4C) and open space. Where exception sites are proposed within the AONB (Policy 2) or Green Belt (Policy 3) there must be an extremely robust argument of housing need to consider the release of such land. Any development outside a settlement boundary must contribute to the local character and be in line with the Council’s SPG on Development in the Open Countryside (2002).

An exception will be made to permit residential development where it forms a key element of a mixed use regeneration project. Any such project must comply and be led by the broader regeneration objectives of the Council, for example, Area Development Frameworks. The aim is to allow new housing development where it will benefit the local area though regeneration. Any proposed projects must have received prior approval by the Council as a necessary regeneration scheme through the adoption of an appropriate Masterplan, Area Action Plan or Supplementary Planning Document (Planning Brief).

Where it can be shown that it is essential for a farm or forestry worker to live at or in the immediate vicinity of their place of work an exception will be made and the construction of a dwelling permitted. Functional and financial tests must be satisfied in all cases. Further exception will be made where it can be demonstrated that is essential to provide this dwelling in the open countryside. Any proposal must be in line with Policy 1.

The Council will consider a proposal for residential development where it will secure the future of a statutory Listed Building. It is for the Local Planning Authority to consider the potential risk to the Listed Building of not permitting the development, in line with the Council’s register of Listed Buildings at Risk. The applicant must demonstrate that all other possible uses have been considered and must provide evidence to illustrate that those other uses are not feasible.

To allow for the regeneration of existing buildings during a period of ‘oversupply’ small scale (up to five units) conversion to residential units will be permitted. This is per planning unit as at 6th October 2004. Incremental proposals which would result in more than five residential units within a planning unit will not be permitted.

The Government recognises that around 1 million homes are affected by low demand and abandonment, spread across the North and Midlands. In an effort to address these issues the government have identified Pathfinder areas in an attempt to recreate sustainable communities. Pendle has been identified as part of the East Lancashire Pathfinder initiative. Parts of Nelson, Colne and Brierfield have been identified as Intervention Areas.

The Regional Spatial Strategy for the North West (RPG 13) seeks to ‘provide accessible, desirable, living and working conditions that ensure a good quality of urban life for all’. In response to this aim, and through the Housing Market Renewal Pathfinder programme, the Council have produced Area Development Frameworks for each of the intervention areas (or parts of). These are designed to tackle the problems of low housing demand, together with unfitness and abandonment. However, the ADFs do not solely concentrate on housing, but instead provide the framework for creating sustainable communities based on a choice of quality housing, economic success, improved education and health facilities, crime reduction and environmental improvement. The government expect the ADFs to ‘tailor solutions to the needs of the area’. (ODPM, 2003)

Within the framework of ADFs the Council will grant planning permission for a number of actions. Improvement and repair of existing housing together with clearance and new development will help tackle the problems of low demand. The complete regeneration of an area will include the provision of quality open space, employment opportunities, leisure, education, health, community facilities and improved transport links.

The aim of Housing Market Renewal is to create sustainable communities including the provision of decent homes. This is supported in the RSS which requires local authorities to ‘adopt a concerted and comprehensive approach to influencing housing supply across all tenures and values, in the interests of improving the quality of the Region’s housing stock’. The RSS recognises that this is particularly important in Pendle and seeks a comprehensive approach to housing renewal, clearance and urban regeneration. In addition the Joint Lancashire Structure Plan states that across East Lancashire, 25,000 unfit dwellings will be refurbished or demolished by 2016. The East Lancashire Strategic Plan identifies what needs to be done across the sub-region and the ADFs interpret this at a local level.

When considering options for the future of an area, it is important that any decisions are based on an informed understanding of the historic environment. Whilst programmes of repair and refurbishment, clearance or remodelling in a relatively small compact area (i.e. a few blocks of terraced housing), or one that is not physically related to an adjoining area, will not normally require a townscape or historical assessment to be undertaken, for those areas that are clearly of historical interest or are of sufficient size and coherence to warrant consideration (i.e. a neighbourhood), an appropriate townscape or historical assessment will be required.

Such an assessment should be undertaken before detailed proposals are drawn up for the regeneration of the area. As well as identifying assets which are protected through listing, scheduling or conservation area designation, the character of the area, its development over time and its relationship to the surrounding area should also be considered. Some areas may also retain significant buried archaeological remains and these will need to be investigated in advance of any future development. The scope for any additional recording work should be identified as part of any assessment.

New housing development, big or small, will have some impact upon the surrounding area. Consequently it is important to control the density, style and quality of the development in order to ensure that these impacts are not detrimental to the local area. It is also important to provide ‘choice’ in the type of housing built. Such measures will ensure the Council’s commitment towards its own Housing Strategy, which seeks to create a vibrant housing market, provide equality of access and meet the needs of the vulnerable whilst creating sustainable communities.

PPG3 urges Local Planning Authorities to adopt a more controlled approach to new housing development by making more efficient use of land. Higher density housing developments will be encouraged to make the most efficient use of land and reduce the need for additional greenfield sites. In order to make the best use of land new housing developments should adhere to the minimum 30 dwellings per hectare net. It is recognised that in order to create choice in the local housing market, there may be a need for some lower density housing development in order to provide larger family homes with gardens, and exceptionally at other particularly visually sensitive sites, for example, in parts of some conservation areas. In these cases, a relaxation of the minimum 30 dwellings per hectare net requirement may be permitted where it is specifically, clearly justified by a Development Brief or design statement. In some situations it may be possible to deliver higher density development. In line with PPG3 this would be appropriate in areas of high accessibility such as adjacent to main public transport corridors or within town centres. In these locations the Council will seek to maximise development by encouraging development of up to, or in excess of, 50 dwellings per hectare.

One of the main objectives for Pendle is to reverse past decline, and stem the flow of outward migration from urban areas. In doing so new house building must ensure a quality environment for its residents, in respect of design and layout. Congruent with this is the need for a greater choice of housing style including semi detached, detached, flats and bungalows, and to ensure that different sizes of dwellings²⁵ are also available.

²⁵ Size of housing is measured in bedroom numbers 

The national decline of household size²⁶ may be reflected in Pendle with a need for smaller dwellings, however there is an increasing ethnic population, characteristically having larger households. A Housing Needs Study of the Asian Community in Pendle (2001) highlighted that larger family housing is in short supply, and new housing to cater for this type of market would assume densities lower than 30 dwellings per hectare net. In this respect lower density schemes²⁷ may be introduced.

²⁶ It is predicted that 3.8 million households will form by 2021. This increase can be attributed to thedecline in average household size caused by a growing elderly population, smaller families, increased family break ups and younger people living on their own. 80% of the predicted new households will be for single persons (Borough of Pendle, 2002).
²⁷ Lower density schemes are defined as being housing developments of less than 30 dwellings per hectare.

In addition to making new residential development attractive and of good quality it is important to retain quality in existing residential areas. This approach will be followed in the Housing Market Renewal Pathfinder areas, where improvements to existing properties will be sought through group repair. It is also important to retain quality in residential environments by preventing excessive development within the curtilage of existing dwellings. Whilst PPG3 recognises that curtilage is brownfield it notes that local authorities should prevent excessive curtilage development. This Policy therefore allows development of curtilage for residential use, where this would not be deemed to be excessive (e.g. 0.2 ha or less). Development will only be permitted where it is in line with Policy 17. This does not apply in the open countryside in line with Policy 1, unless the excessive garden land is provided for affordable housing as an exception under Policy 17.

For the purposes of this Policy development on curtilage must be regarded as infill, that is land which is within a settlement boundary and has no other Local Plan designation. The land must be developed²⁸ on 3 immediate sides (including the residential property within which curtilage the land sits) OR, where the land is bounded by a settlement boundary or Local Plan allocation, there should be development on all other immediate sides except 1 OR, the filling of a small gap within a built up frontage. Neighbouring garden land will be regarded as ‘developed’ land.

²⁸ Developed land is not previously developed land, but is land where there is a structure, building or associated infrastructure in place.

Through this policy the Council will seek to provide quality open space in new housing development. This also supports the Council’s Community Strategy which seeks to ensure that the residents of Pendle enjoy the best possible quality of life by creating a future that is environmentally, economically and socially sustainable.

This Policy will apply to all new housing development of ten units or more (this will be cumulative), with the exception of rest homes, nursing homes, sheltered accommodation and other institutional uses. On site amenity green space will be provided in these exceptional cases. The Pendle Open Space Audit (2004) informs of existing open space provision within the Borough, and has highlighted surpluses / deficiencies of the differing open space typologies by Ward basis. New housing development in Ward areas where there is an identified surplus of open space will not be expected to provide for open space on site, or, make commuted sum payments. The Open Space Audit will be updated on a regular basis.

In the first instance, provision of open space should be made on site. However this may not always be practical. 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 commuted sum payment should also be made to ensure the futuremaintenance of the open space for ten years after the development is completed. All payments will be made into the Open Space Fund (Appendix 1). Commuted sum payments will normally be returned to the developer if the Council has not utilised them after five years of completion of the development.

Figure 3 – Housing Sustainability Balance