An outline of the Basic Conditions governing our Plan Introduction What follows is a distillation of current central & local government policies that have a bearing on our plan. They may not make exciting reading but, like them or not, they effectively determine what we can and cannot do, so we need to be familiar with them and ignore them at our peril. Disclaimer This outline is intended to be an objective summary of applicable legislation but any attempt to reduce over 400 pages to less than 10 involves a fair amount of editing. Those who have strong personal interest in the subject are therefore strongly advised to read the original documents for themselves at www.gov.uk/government/publications/national-planning -policy-framework--2, www.westnorthamptonshirejpu.org & www.daventrydc.gov.uk/living/local-plan/ If, in so doing, they find what they believe to be important errors, omissions or misplaced emphasis, Chris Nelson would be glad of their feedback. Overview The Basic Conditions that every Neighbourhood Development Plan must meet are defined in the Town & Country Planning Act 1990. These are summarised on the Government Planning Guidance Portal as follows: The Plan must contribute to the achievement of sustainable development It must have regard to national policies & advice It should be in general conformity with the strategic policies contained in the development plan of the Local Authority It should not breach and should be compatible with EU obligations It should comply with Prescribed Conditions (aka Other Basic Conditions ) 1. Sustainable Development Sustainable Development is the over-riding theme of current government policy on planning. The National Planning Policy Framework describes the terms as follows Sustainable means ensuring that better lives for ourselves won t mean worse lives for future generations. Development means growth. We must accommodate the new ways by which we earn our living in a competitive world, we must house a rising population which is living longer and wants to make new choices and we must respond to the changes that new technologies offer us. Central to the Policy Framework (described in greater detail below) is a presumption in favour of sustainable development which should be seen as a golden thread running through both plan-making and decision-taking. In other words Plans that ticks all the Sustainability boxes are likely to succeed; those that do not are likely to fail.
2. National Policy & Advice The National Planning Policy Framework (NPPF) was published in March 2012. It provides guidance to Local Authorities and decision-takers and details 13 Sustainability Objectives and 12 Core Planning Principles against which plans will be judged. The former (as the name suggests) deal with end objectives while the latter outline the approach to be taken. For our plan in practical terms, there is a high degree of duplication between the two. To keep things simple the key areas which apply to our Plan are listed below using the headings from the Sustainability Objectives with additions from Core Planning Principles where appropriate. To be compliant with current national policy plans should help Build a strong competitive economy generally (SO 1) o Recognising and seeking to address potential barriers to growth including a lack of housing Support a prosperous rural economy (SO 3) o Encouraging the expansion of all types of business and enterprise in rural areas which respect the countryside, including rural tourism and leisure enterprises and the development and diversification of agricultural and other land-based businesses o Empowering local people to shape their surroundings with succinct neighbourhood plans setting out a positive vision for the future of the area (CPP) Promote sustainable transport (SO 4) o Seeking to reduce congestion and greenhouse gas emissions o Ensuring that safe and suitable access to any proposed site can be achieved for all people and o Protecting and exploiting the use of sustainable transport modes (e.g. walking & cycling) Support a high quality communications infrastructure (SO 5) o Recognizing that improvements in broadband and other communications technology can improve the quality of life and reduce travel needs Deliver a wide choice of high quality homes (SO 6) o In rural areas being responsive to local circumstances and planning housing development to reflect local needs, particularly affordable housing and o Locating housing where it will enhance or maintain the vitality of rural communities and avoiding new isolated homes in the countryside unless special circumstances demand them
Require good design (SO 7) o Ensuring that local and neighbourhood plans include robust and comprehensive policies that set out the quality of development expected and o Responding to local character and history and reflecting local surroundings and materials, while not preventing or discouraging appropriate innovation Promote healthy communities (SO 8) o Improving health, social and cultural well-being for all by promoting the retention and development of local services and community facilities (CPP) o Planning positively for the provision & retention of shared space o Protecting & enhancing public rights of way & access Meet the challenge of climate change and flooding (SO 10) o Planning for new development in locations and ways which reduce greenhouse gas emissions o Supporting the transition to a low carbon future in a changing climate, taking full account of flood risk and encouraging the re-use of existing resources and the use of renewable ones (CPP) Conserve and enhance the natural environment (SO 11) o Protecting & enhancing valued landscapes o Recognising the intrinsic beauty of the countryside (CPP) o Promoting mixed use developments.recognising that open land may perform many functions o Encouraging the effective use of land by reusing land that has been previously developed(cpp) o Minimising impacts on bio-diversity, protecting, in particular, areas of ancient woodland and land within or outside designated Sites of Special Scientific Interest (Note: A large part of Badby Woods meets both these designations.) Conserve and enhance the historic environment (SO 12) o Sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation Detailed guidance is given on the protection of Listed Buildings and Registered Parks and their settings. Badby has numerous examples of the former whilst part of Badby Wood and that part of Fawsley Park that lies within the parish boundary fall within the latter category. o Recognizing the contribution made by the heritage assets to communities including their economic vitality o Ensuring that any new development makes a positive contribution to maintaining local character & distinctiveness
3. Local Plans Our Local Plan is embodied in the West Northamptonshire Joint Core Strategy Local Plan (Part 1).More detailed (Part2) plans are in preparation for Daventry District Council and are expected to be in place by 2017.In the meantime the Saved policies of the previous DDC Local Plan (June 1997, saved September 2007) continue to apply. The WNJCS In complying with the requirements of the National Planning Policy Framework the WNJCS outlines no less than 75 Policies. A full list can be found on Page 8 of the original document on their website. Those that impact our Neighbourhood Plan and go further than echoing national policy are outlined below. Distribution of Development (Policy S1) o Development and economic activity will be concentrated primarily in and adjoining the principal urban area of Northampton o Appropriate development of a lesser scale will be located in and adjoining the sub-regional centre of Daventry Town o New development in rural areas will be limited Scale and Distribution of Housing Development (Policy S3) o Provision will be made for 42,620 net additional dwellings in West Northants from 2011 & 2029.Daventry District should provide 12,770 of the total, of which Daventry Rural Areas should contribute 2,360 Changing Behaviour and Achieving Modal Shift (Policy C1) o A comprehensive public transport network will be introduced (or maintained?) across West Northamptonshire o Information communication networks, such as superfast broadband, will be supported across the whole of West Northamptonshire to reduce the need for travel and will be a requirement for new developments Enhancing Local & Neighbourhood Connections (Policy C5) o Bus connections will be improved (or maintained?) o Cycle networks and cycle parking will be improved o Existing demand-based services (e.g. DACT) will be sustained Affordable Housing (Policies H2 & H3) o In DDC rural areas any development of over 5 dwellings on a site must include 40% that are affordable In some circumstances an equivalent off-site provision of affordable housing may be accepted in lieu of this obligation
o The provision of affordable housing to meet identified local needs in rural areas on Exception Sites will be supported. Schemes should either be purely affordable housing or include market housing only to the extent that this is essential to the delivery of the affordable element and meets identified local needs. In all cases Exception Sites must meet the following additional criteria They must be within or immediately adjoin the main built-up area of the settlement Arrangements for the management and occupation of the affordable housing provided must ensure that it will be available and affordable in perpetuity for people in local housing need Green Infrastructure (Policy BN1) o 2 swathes of land designated Green Infrastructure Corridors bordering Badby are identified in the Plan (See Fig 6 P.333). These will be recognised for their important contribution to sense of place and conserved managed and enhanced Historic Environment & Landscape (BN5) o Planning policy will seek to secure & enhance heritage and landscape features which contribute to the character of the area including (among others) the skyline and landscape setting (See notes under National Policy SO 12 above) The River Nene Strategic Policy (Policy BN8) o The natural and cultural environment of the Nene corridor and its tributaries will be enhanced and protected in recognition of its important contribution to the area s green infrastructure network Spatial Strategy for Rural Areas (Policy R1) o The distribution of the rural housing requirement will be the subject of the Part 2 Local Plan being prepared by District Councils. In the meantime saved Adopted Local Plan policies apply o Once the housing requirement for rural areas has been met through planning permissions or future allocations further development will only be permitted where inter alia It would result in environmental improvement e.g. the re-use of previously developed land It is required to support the retention of an essential service It is an exception site that meets the criteria housing (See H3 above) It has been agreed through an adopted Neighbourhood Plan
Daventry District Council Saved Adopted Local Plan Policies There are 34 Saved Policies. Only those that further amplify or clarify national or regional policies applicable to our Neighbourhood are detailed below. General Policies (GN1) o General development will be concentrated in towns, limited in villages and severely restrained in open countryside (GN1) The Environment o Special Landscape Areas (EN1) DDC s plans show Badby Parish as sitting in a Special Landscape Area and the following policies apply Whilst new development for the purposes of agriculture, forestry, recreation or tourism may from time to time be necessary, they will be strictly controlled Villages situated within Special Landscape Areas make their own contributions to the quality of those areas and proposals within such villages will be required to demonstrate that they are not harmful to that quality o Conservation Areas (EN2 & published Guidance Notes) DDC designated much of Badby as a conservation area in 1993 (See map @ www.daventrydc.gov.uk/living/planning-and-buildingcontrol/conservation-area-maps )A number of additional restraints therefore apply, notably that Any new development is required to be sympathetic to the historic built environment in style and scale Development which would block important views and lead to the enclosure of open spaces will be discouraged o The Redevelopment, Renovation & Conversion of Existing Buildings (EN18) Proposals should be sympathetic to their surroundings and substantially reflect the appearance of the original building Provision should be made for on-site parking and access to the site be of a safe standard without detriment to the appearance of the area o The Conversion or Adaptation of Rural Buildings (EN19),Farm Buildings (EN20) and Traditional Buildings (EN21) Essentially similar to EN18 above but with increasingly stringent conditions o Agricultural Development (EN 38) Development will be allowed if the design, siting and external appearance of the proposal are not damaging to the appearance of the landscape or amenity of residential areas
Housing Policies o Restricted Infill Villages (HS 22) Badby is designated a Restricted Infill Village and this policy requires that development Is small scale & within the existing Village Confines Has no impact on open land of particular significance to the form or character of the village or Comprises a renovation or conversion sympathetic to its surroundings o Open Countryside (HS 24) (See also EN1 above) Planning permission will NOT be granted for development in open countryside other than Development, including the re-use or conversion of existing buildings, essential for the purposes of agriculture or forestry The replacement of an existing dwelling provided that it retains its lawful existing use as a dwelling house, is similar in type and scale to the original and respects the distinctive nature of its rural surroundings. (In addition DDC may remove permitted development rights from such new dwellings to guard against their future enlargement) o Additional Note on Affordable Housing There are no saved policies in respect of Affordable Housing but, in its commentary, DDC flags its intention to introduce new policies in rural areas designed to enable the granting of planning permission solely for small scale affordable housing development on a limited number of appropriate sites which would not normally receive planning permission under existing policies. In addition it further defines rules on affordability and local needs in its Part 2a Local Plan Consultation Document (See below) Industrial & Commercial Policy with respect to Restricted Infill Villages o Scale & Character (EM11). Permission for new business and industrial development will normally be granted provided that the scale of the operation and size and type of buildings do not detract from character of the settlement or the amenities of the residents o Location within existing confines (EM12). Permission will not normally be given for new business development outside the existing confines of the village o Avoidance of Significant Open Land (EM13) Likewise permission will not normally be given for development on open land which is of particular significance to the form and character of the village including, for example, private gardens and orchards. o Renovation or conversion of existing buildings for commercial or industrial use (EM14). Proposals which are sympathetic to the village character and environment will normally be approved (See also EN 18 above)
Tourism o Tourist Attractions (TM2) Provision of tourist attractions and accommodation are broadly subject to similar restrictions as those for industrial & commercial development above. In particular the District Council is concerned to ensure that such development those not lead to a proliferation of unsuitable new elements in open countryside o Camping & Caravanning (TM5) Only proposals which are closely associated with a particular recreational facility or tourist attraction AND are visually unobtrusive and lie outside Special Landscape Areas are likely to be approved. Recreation & Leisure The following may not apply to Badby Parish because of other constraints but are included for completeness o Provision of Open Space in New Developments(RC1) will normally be required at a rate of 10% of the development area or 0.2 hectares per 50 houses whichever is greater o Informal Recreational Developments in Special Landscape Areas(RC6): Limited informal facilities (e.g. picnic sites) which relate to the countryside may be allowed o New Golf Courses (RC7) will not normally allowed within Special Landscape Areas Addendum to Local Plans DDC Settlements & Countryside Local Plan (Part 2a) Consultation Document (For consultation 29 th January to 11 th March 2016) Whilst this document is unlikely to be adopted before completion of our Plan (and could therefore arguably be ignored) it does contain some pointers which might be of use in drawing up our proposals.(numbering refers to DDC document paragraphs) Housing Requirement for Rural Areas (1.16) The target in respect of this requirement is considered to have been met in overall terms Affordable Housing o The availability of affordable houses has fallen well short of targets (2.6) o Affordability has been identified as an issue in rural parts of the District (2.8) o DDC is considering amendments to Saved Policy R1 (Spatial Strategy for Rural Areas) introducing Additional criteria for meeting local housing needs Broader exception criteria (6.4)
Settlement Hierarchy (6.5 6.9) o DDC is suggesting new ways of assessing the hierarchy with a points system which reflects facilities in the community. Dependant on the scoring (and new facilities introduced), this could change our current status as an Infill Village and impact the level of development permitted Village Confines (6.10 6.13) o Whilst making no specific proposals to change, DDC is suggesting that confines can become dated and seems open to input on our part. 4. European Union Obligations Our Plan must be compatible with European Union obligations, as incorporated into UK law, to be legally compliant. Two directives may apply in particular. The Strategic Environmental Assessment Directive (2001/42/EC) seeks to protect the environment for future generations by requiring that plans which are likely to have a significant environmental impact are subject to a rigorous assessment. The UK Government s practical guide to the Directive is 110 pages long but the essentials are as follows. o To determine whether a draft plan has a significant impact it must be screened at an early stage by our District Council and evidence must be provided of consultation with interested environmental bodies. o Where it is deemed that an SEA is not required, a statement of the reasons for that conclusion must be included in the Plan when it is submitted to the independent examiner o If an SEA is required it must be prepared in accordance with the UK s Environmental Assessment of Plans & Programmes Regulations 2004 and the level of detail will depend on what is proposed. The Habitats & Wild Birds Directives (92/43/EEC & 2009/147/EC) aim to protect and improve Europe s most important habitats and species. Other European Directives, such as the Waste Framework Directive (2008/98/EC), Air Quality Directive (2008/50/EC) or the Water Framework Directive (2000/60/EC) may apply in particular circumstances but are unlikely to do so in our case. 5. Other Basic Conditions (Aka Prescribed Conditions) Confusingly listed separately from EU obligations is one further basic condition. It is listed for completeness but will not apply to our plans Revised 1/06/16 European Sites & European Offshore Marine Sites (as defined in the Conservation of Habitats and Species Regulations 2012 & the Offshore Marine Conservation Regulations 2007) are afforded special protection and no plan likely to impact such sites will be accepted as compliant