CHAPTER 1: CORE POLICIES

The Key Strategic Aims of the Plan

• To meet the district’s development needs whilst safeguarding the wider public interest and the environment
• To achieve more sustainable patterns of development through the efficient and effective use of land and resources
• To respect and add to the local distinctiveness of different parts of the district through the design of new development
• To integrate the development of urban and rural areas
• To make sure development does not discriminate against any group of people or cause social exclusion
• To integrate land use and transport strategies
• To promote a strong and diverse economy
• To safeguard the district’s environmental and cultural resources
• To maintain and strengthen local communities
• To create certainty about where development can take place and to give clear guidance on what types of development will and will not be acceptable.

CORE POLICIES

• Policy CP1 - Applications for Planning Permission
• Policy CP2 - Sustainable Development
• Policy CP3 - Development according to the Settlement Hierarchy
• Policy CP4 - Protecting Village and Community Facilities
• Policy CP5 - Quality of Design
• Policy CP6 - Protection of Quality of Life
• Policy CP7 - Access to and within New Development Sites
• Policy CP8 - Car and Cycle Parking Standards in New Development
• Policy CP9 - Protection of existing car-parking
• Policy CP10 - Planning Obligations to secure sustainable development

Policy CP 1  - Applications for Planning Permission

1.1 Decisions on planning applications should be consistent and be based on sound, well-understood policies and principles. These policies should also give Applicants a good idea of how acceptable their development proposal will be before they submit an application.

1.2 The Development Plan for East Lindsey consists of the Lincolnshire Structure Plan, the Lincolnshire Waste and Minerals Local Plan and the East Lindsey Local Plan. The Structure Plan lays down broad principles for the strategic development of the County. This Local Plan translates these strategic principles into specific policies and land use proposals deemed most appropriate to meet the particular needs of East Lindsey for the next 10 – 20 years. The Waste and Minerals Local Plan, unsurprisingly, deals with minerals and waste. All are based on national policy adapted to take account of local circumstances.

1.3 For the majority of planning applications, therefore, the Local Plan will be the primary determining policy document – provided it represents the most up to date planning policy. Sometimes, new national Planning Policy Statements are published which may supersede individual policies of the Local Plan. In such cases, the Council will try to update its Local Plan accordingly but should there be any temporary conflict between local and national policy, the latter will normally hold sway.

1.4 It is likely that most proposals will be judged against more than one policy. No policy will be treated in isolation from the others and Applicants should not expect their proposals to be judged against only those policies that appear to suit them best. There will be no selective application of policy.

Renewal of Planning Consent

1.5 Government policy, as well as local conditions, can change within the lifetime of a planning consent. There can be no automatic right, therefore, to expect a renewal of a planning consent that has either lapsed or been longstanding if there has been a material change in planning circumstances.

1.6 Land is also allocated in the plan to meet a specific need and as part of an overall strategy to provide certainty for landowners, developers and the wider community and to prevent blight. These land allocations should not be dismissed and changed without a compelling reason. For instance, the fact that there is no current demand for an allocated use is not, in itself, a reason for permitting another use. Market forces should be allowed to “peak and trough” over the plan period.

What is NOT a material planning consideration?

1.7 The Council will update and re-publish its guidance on what constitutes material planning considerations but the following are just a few of the most common examples of considerations that are not material and should not be used to override policy:-

• The character or status of the landowner, applicant or developer. (It is the proposed use that is judged, not the user.)
• Draft policy documents or supplementary planning guidance. (Only up-to-date documents with statutory weight can be considered ahead of existing policy.)
• The effect on property value.
• The precedent of a planning “mistake” made elsewhere. (We all make mistakes – but this should not be a reason for repeating them elsewhere.)
• The offer – or lack of offer – of planning gain. (Planning obligations must be directly related to the nature of the proposal and conform to the criteria of Circular 1/97.)
• The prospect of cleaning up an eyesore, or otherwise improving the status quo. (Improving a currently undesirable situation will not make an unacceptable proposal into an acceptable one if it still does not comply with policy.)
• Strong, concerted objections that are not based on material planning considerations.
• Prematurity of the proposal, pending the adoption of a new or revised policy. (Prematurity should only be considered as a reason for refusal or deferral of planning consent if emerging policies are sufficiently advanced to justify it and 6 would be seriously compromised should consent be granted. This would normally mean such policies should, at least, have been placed on deposit for public consultation.)
• Commercial (un)viability of the proposal. (The planning system should not interfere with commercial judgements.)
• “there’s no harm in it as a one-off”. (Any “one-off” exception may be repeated and thereby create a dangerous precedent. Such unwarranted exceptions also undermine the integrity of the relevant policy.)

1.8 Applicants should also be aware that the government has set local planning authorities very stringent time targets for dealing with planning applications. It is all the more important, therefore, that Applicants provide all the necessary information to allow the proposal to be judged thoroughly, fairly and speedily. Failure to do so will result in delays in formally registering (validating) the application or requests for additional supporting information at very short notice.

1.9 Applicants can cut down on time, confusion and expense by consulting with planning officers before submitting a planning application. This is particularly the case with large scale or complex proposals or those in sensitive locations such as Conservation Areas, the Wolds Area of Outstanding Natural Beauty or Sites of Nature Conservation Importance. Such pre-application discussion can identify exactly what and how much information is necessary to allow the application to be properly judged and allows problems to be ironed out even before the application is submitted.

Policy CP 2 - Sustainable Development

1.10 Sustainable Development is defined, for the purposes of this plan, as development that is designed to meet specific needs now without creating any long-lasting problems for the future. This will require us to look closely at all of the knock-on effects of development proposals to make sure we are not storing up problems for future generations or the environment, both locally and on a wider scale.

1.11 The principles of sustainable development referred to in this policy are essentially those listed as the key strategic aims of the plan on page 3 and reinforced with the Government’s own sustainability guidelines emerging through its Planning Policy Guidance Notes and Statements.

Taking each of the policy criteria in turn;

Development must not discriminate against any group of people…

1.12 There is a significant number of people who, because of their age, sex, health, ethnic origin, religion or economic circumstances, may not be able to make the best use of services and facilities on offer. Any development proposal that unjustifiably perpetuates or adds to this disadvantage will not be permitted.

1.13 The government’s PPG1 urges local authorities to consider the special access requirements, particularly for people with disabilities, at an early stage of the design process. The Disabled and Disabilities Act reinforces this and lays down stringent design requirements for new development which the Council will expect to see reflected in all planning applications.

1.14 On a wider scale, the Council will expect Developers to reject development locations that discriminate against groups of people who would otherwise be expected to benefit from the development. 

Development should minimise the need to travel

1.15 The Council recognises that, because of the extremely rural and dispersed nature of the District, there is relatively sparse public transport and a heavy reliance upon the car for transport, especially by people living in smaller settlements and the countryside.

1.16 The Council does not wish to discriminate against such people and, indeed, to do so would be contrary to the first criterion of this policy. Through its Transport Strategy and policies in Chapter 2 of this plan, the Council is trying hard to widen the transport choices for people in East Lindsey.

1.17 However, it must respect the national policy of seeking to reduce reliance on the car and to reduce the consequent carbon dioxide emissions. So, where there is a choice, development sites should be selected where they would generate the fewer car movements. This points towards the more sustainable locations served by public or community transport services or where essential services are within walking or cycling distance.

Development must not result in unacceptable water, air, noise or light pollution

1.18 Development which will unacceptably deplete water resources or which will pose a risk to the quality of underlying groundwater will not be permitted under this policy. Neither will development located around water sources or over aquifers be permitted unless the proposal includes adequate measures for their protection from pollution. This is to prevent any contamination of the public water supply and to avoid having to deal with the consequences of water pollution. The Council will be guided here by the advice of the Environment Agency.

1.18a Noise generating development will not be permitted where it is likely to cause an unacceptable level of nuisance to residential or other noise-sensitive development. At the same time, development which is sensitive to noise will not normally permitted in areas which are, or are likely to become, exposed to unacceptably high levels of noise.

1.19 Noise sensitive development could include housing, hospitals, schools, residential or day care centres, parks, places of worship or sensitive wildlife habitats. The Council will take into account the type of noise generated and hours of operation when assessing its potential impact. Particular care will be taken where development would generate noise at night. Wherever possible the Council will seek a solution to a noise problem through the imposition of conditions requiring adequate noise attenuation measures.

1.20 A distinctive characteristic of East Lindsey, envied by communities throughout England, is the relatively dark skies at night that allow a greater appreciation of the myriad wonders of the night sky. Set against this is the need to ensure safety and security through the use of appropriate lighting. The Council will pursue a policy of seeking the absolute minimum amount of lighting necessary to meet this need.

1.21 All proposals that require outdoor lighting should include details of the lighting in the planning application. As well as providing the minimum amount of lighting for its purpose, development will only be permitted if it is designed to minimise glare and light spillage, it does not harm the rural or dark-sky character of a settlement or landscape, it respects the local historic environment and it does not harm any nearby residential amenity or unacceptably reduce highway safety.

Development should be adequately served by essential local services or infrastructure

1.22 Easy access to essential services and facilities (shops, schools, public transport, leisure facilities, power, water, sewerage, roads, medical facilities, etc.) is a key indicator of a sustainable community. This is reflected in the settlement hierarchy of Policy CP3 where higher order settlements are those with more services and facilities.

1.23 It follows that, to be sustainable, new development should be located where such services already exist or can be easily provided to bring benefits to the users of the development. Development elsewhere can either impair the quality of life for the prospective user (by being devoid of essential services) or place additional costs on the wider community by having to provide additional services.

1.24 For instance, development will only be permitted where it can be shown that foul sewers, sewage treatment and surface water drainage of adequate capacity and design are available or that they can be provided in time to serve the development. Small-scale development served by alternative means of sewage treatment and surface water disposal will be permitted where ground conditions are satisfactory and the plot is big enough to provide an adequate subsoil drainage system.

Development should not irreversibly harm or deplete resources or features required for the future

1.25 Sustainable development conserves those resources necessary to provide for long-term environmental, social or economic needs. These include finite sources of energy, water and land. Proposals that include measures to regenerate, recycle, re-use or reduce the demand for, such resources will be preferred to those that do not. Similarly, rare or locally distinctive landscape features that are essential for the long- term benefit of the community or environment should not be lost to shorter term benefits of new development.

  Development should pose no avoidable risk to public health and safety

1.26 Sea defences have been developed and enlarged under the Environment Agency’s Shoreline Management Plans and are designed to provide between 1in 50 year and 1in 200 year protection from tidal flooding. Nevertheless, because of the low-lying nature of the coastal plains, there is a long-term risk of flooding which has been addressed in the Council’s district-wide Strategic Flood Risk Assessment. The findings of this study will be used to shape the future strategic planning for development in the district as well as providing evidence for dealing with planning applications for individual development proposals.

1.27 Until then the Council will follow the advice of the Environment Agency in applying the following measures to make sure that new development does not put itself or other property at risk from flooding and does not compromise the effectiveness of current and planned flood defences. These measures will apply equally to built development and caravans.

• Development will not be allowed to materially impede the flow of floodwater, or increase the risk of flooding, or increase the number of people or properties at risk unless adequate measures have been put in place to alleviate the risks.
• Development will not be permitted in areas of highest flood risk unless it is a temporary non-residential use, is the redevelopment or modification of an existing building or is essential in that location. In any of these cases, appropriate flood protection measures would be required.
• Development will not be permitted on land to the seaward side of the outermost sea defences or where it would reduce the effectiveness of tidal or fluvial defences.
• On the landward side of the sea defences and behind banked watercourses, development will not be permitted on land liable to flooding unless the standard of defence is appropriate and sufficient to safeguard the development.

1.28 Development on or next to landfill or contaminated sites will not be permitted unless or until the possibility of gas or other ground contamination has been dealt with.

1.29 Proposals for new or extensions to hazardous installations will be particularly scrutinised under this policy and advice will be sought from the Health and safety Executive to minimise or remove all risk to public health and safety.

1.30 Similarly, the Council will segregate new development from hazardous uses; development will not be permitted if it will pose a threat to the hazardous use or, conversely, if it could be harmed by its materials or operation. This will be a special consideration for proposals in the hazard protection areas of Covenham Reservoir and Theddlethorpe Gas Installation and in the safeguarding zones around North Cotes, Binbrook and Coningsby airfields, the high pressure gas pipeline network, the bombing ranges at Donna Nook and Wainfleet/Friskney Marshes, the Conoco Oil Terminal at Tetney Lock and Anglian Water Services at Covenham.

1.31 Measures to reduce the risk of crime shall be designed into all development wherever appropriate and the Council will take account of the views of the Police Architectural Liaison Officer in applying the principles of “Designing Out Crime” wherever they can be accommodated without unacceptably compromising the quality of the development or conflicting with other policies of the plan.

Development should cause no lasting damage to the environment

1.32 The care of the global environment begins at a local scale and the Council will expect that Developers in East Lindsey to act on this responsibility. A healthy and high quality environment is essential for enriching the quality of life, raising public morale and invigorating local communities. It is vital in attracting inward investment and jobs. The environment of East Lindsey is perhaps its greatest asset and new development will not be allowed to spoil it. Measures to protect the environment need not be a constraint upon development but, rather, can be a positive means of improving its own quality.

1.33 When considering planning applications, the Council will attach considerable weight to the need to protect and enhance the environment of the District in order to maintain and add to the quality of life of its present and future residents. Wherever environmental damage is unavoidable, the Council will require the Developer to put environmental improvement measures in place to compensate, reinstate or reduce the impact of the harm.

Policy CP3 - Development according to the Settlement Hierarchy

Table 1 Settlement Hierarchy

TOWNS		SMALL VILLAGES (contd.) Croft (village) Croft Bank Cumberworth East Keal Edlington Firsby (Station Road) Firsby Village Fulletby Gayton le Marsh Goulceby Great Carlton Great Steeping Great Sturton Greetham Haltham Halton Fenside Halton Holegate Hameringham Hatton Hawthorne Hill Hemingby High Toynton Horsington Irby in the Marsh Langrick Little Carlton Little Cawthorpe Little Steeping Low Toynton Ludborough Lymn Bank Mareham on the Hill Mavis Enderby Minting New York North Cockerington North Cotes (RAF) Old Bolingbroke Orby Raithby Revesby Roughton Village Saleby Scrub Hill Sibsey Northlands Skendleby Sloothby South Cockerington South Somercotes South Thoresby South Willingham Stickford Stixwold Strubby Swaby Tathwell Tattershall Thorpe Tetney Lock Theddlethorpe All Saints Theddlethorpe St Helen Thimbleby Thorpe St Peter Toynton Fenside Toynton St Peter Tumby Woodside Ulceby Utterby Well Welton le Marsh Welton le Wold West Ashby West Keal West Torrington Wood Enderby Yarburgh
	Alford Coningsby/Tattershall Horncastle Louth Mablethorpe/Trusthorpe/Sutton on Sea Skegness Spilsby/Hundleby
SERVICE VILLAGES
	Binbrook Burgh le Marsh Chapel St Leonards Grimoldby/Manby Holton le Clay Ingoldmells Marshchapel North Somercotes North Thoresby Wainfleet All Saints/St Mary Woodhall Spa Wragby
CORE VILLAGES
	Alvingham Baumber Bilsby Bucknall Donington on Bain East Barkwith East Kirkby Eastville/New Leake Fotherby Friskney Frithville Fulstow Gipsey Bridge Grainthorpe Hagworthingham Hogsthorpe Huttoft Kirkby on Bain Legbourne Ludford Maltby le Marsh Mareham le Fen Mumby New Bolingbroke North Cotes Partney Saltfleet Saltfleetby Scamblesby Sibsey South Reston Stickney Tetford Tetney Toynton All Saints Willoughby Withern
SMALL VILLAGES
	Aby Addlethorpe Anderby Village Antons Gowt Ashby by Partney Authorpe Bag Enderby Belchford Benniworth Bratoft Brinkhill Burgh on Bain Burwell Candlesby Conisholme Covenhams

Town Catchment Areas and the Settlement Hierarchy

1.34 No single centre dominates the district of East Lindsey. The combination of over 200 scattered and relatively small villages and seven evenly distributed small-medium sized towns has allowed a pattern of catchment areas to emerge. In these, generally, the largest settlement assumes the role of major service centre and the smaller surrounding settlements form a hierarchy beneath it. The exceptions to this pattern are the groups of the most northerly, westerly and southerly parishes that fall within the catchment areas of Grimsby, Lincoln and Boston respectively.

1.35 The size and character of the catchment areas and the distribution of settlements within them have been a major consideration when allocating and locating sites for new development in this plan so that they can bring the widest possible benefits to the greatest number of communities in the most sustainable way.

1.36 Settlements have been positioned within the hierarchy according to their levels of service provision, number of community facilities, size, access to public transport, levels of job opportunities and relationship to nearby settlements and taking account of current shopping, school and employment catchment areas and growth trends.

Key Settlements

1.37 PPG 1 (General Policy and Principles), PPG 3 (Housing) and PPG 13 (Transport) strongly advocate that most new development should be directed towards the most sustainable settlements. The most sustainable settlements are those that have sufficient services, facilities and opportunities to provide for lower order settlements nearby as well as for themselves. In East Lindsey, the towns and main service village meet both criteria and these are collectively referred to as key settlements. The core villages do not provide any significant service role for smaller settlements but they do retain sufficient services and facilities to meet some local needs

1.38 In line with PPG 1, PPG 3 and PPG 13, the Council will direct the majority of development towards the key settlements. New development in the smaller villages will primarily be restricted to that which is needed to support and bolster the existing community services, facilities and economy or which meets a special local need.

1.39 By concentrating most new development resources, services and facilities into the key settlements the high financial and environmental costs of adequately servicing a widely dispersed rural district can be avoided. At the same time the advantages of economies of scale will allow a relatively high level of services to be provided for a greater proportion of the District’s population. For instance, the sheer size or critical mass of the higher order settlements will attract the more specialised services (e.g. leisure centre, supermarket or cinema) that would not otherwise be viable in a thinly populated area. The benefits of these services can then be made available to the lower order settlements in the catchment area.

The Towns

1.40 The Structure Plan defines seven settlements in East Lindsey as “towns”- selected on the basis of their current service and employment role which is required to be maintained and strengthened, their potential for accommodating new development and their role as nodes on the road and public transport network.

1.41 As the most sustainable key settlements, the towns will be targeted for the greatest levels of growth to make most efficient use of resources and to create the widest community and environmental benefits. Such a policy will help reduce the need to travel longer distances to work, schools, shops and services; it will secure a more cost effective use of existing and new infrastructure and services; it will make best use of previously used or underused land (known as brown-field land) to limit the need for developing on green-field land; it will conserve more of the countryside and help protect the character of small rural villages; it will provide a wider choice of employment, leisure and cultural opportunities throughout its catchment area

1.42 Because of their considerably larger size, Louth and Skegness would be expected to provide even wider ranging benefits through economies of scale. They would therefore be targeted for the higher-order development that would normally require a wider catchment area to prove its viability. This may include such development as superstores, retail parks, major leisure or entertainment complexes and higher order employment uses. The Council, in the land use allocations and policies of this plan, has made provision for Louth and Skegness to accommodate development appropriate to that of a district centre. i.e. so that they are capable of serving areas of the district beyond their own immediate catchment area.

The Service Villages

1.43 These second-order key settlements provide a limited but valuable range of services and facilities for themselves and nearby smaller settlements but also look to the towns for many of their more specialised services and employment opportunities.

1.44 New development in these villages will be of a lesser scale than that in the towns, being consistent with their more rural character and aimed more at consolidating and reinforcing their role as a secondary service, employment and commuter centre for nearby villages.

1.45 In seeking both to protect and widen the service role of these villages, the Council has included policies in this plan to allow for greater investment in the local economy, the development of employment opportunities and support services and appropriate levels of new housing as well the protection of existing community services and facilities.

1.46 The allocation of land for development in service villages varies according to their different capacities for growth. Some have reached, or are approaching, their optimum level of growth (particularly in respect of housing) where severe pressure is being placed on the existing services. In such cases, for instance, new housing development may be restricted during the plan period to allow services to be expanded and improved.

The Core Villages

1.47 With just a few exceptions, these third order settlements are relatively small villages, generally having a population of between 300 and 700 with a small range of services and facilities serving a fairly local hinterland. They tend to rely on key settlements for the vast majority of shopping, employment and leisure services and have a strong spatial relationship with the surrounding countryside. Some have primary schools serving several villages in the area and many have seen a steady decline in their local services and jobs over the last twenty years or so.

1.48 They may recently have lost their role as a more substantial service village or they may have the potential capacity to develop into one. By allowing a controlled amount of housing and service development into these villages the Council aims to revitalise their service role or develop a new service role but in a way which does not harm their character or that of the surrounding countryside.

1.49 Problems of the loss of younger people, essential services and jobs from core villages are more likely to be successfully addressed through new development or initiatives which are directed towards meeting specific local needs rather than development which is purely speculative. Social or affordable housing, working from homes, community facilities, diversification proposals or community transport initiatives can all contribute to community regeneration far more than building a few extra speculative houses for commuters.

Small Villages in the Countryside

1.50 Small villages have insufficient basic services to support additional development and generally lack employment, shopping and leisure opportunities. All have strong commuter or retirement roles and look to higher-order settlements for all but the most basic of services. Because they are usually very poorly served by public transport, village residents are exceptionally dependent on the car for accessing essential services.

1.51 As such, therefore, small villages are very unsustainable locations for new development, particularly speculative housing. They have a strong spatial and visual relationship with the surrounding countryside and are, therefore, subject to the plan’s policies relating to the broader countryside of East Lindsey.

1.52 Additional housing is not the panacea for an ailing community. Maintaining or improving the quality of life for small village communities will be achieved more effectively through protecting and enhancing the character of the villages and taking opportunities to improve local services and add to community facilities.

1.53 The Council has allocated sufficient land in the larger settlements and has made policy provision to cater for the general built development needs (including housing) of the District until 2021. Any extra new development for housing or employment uses in small villages should be related to a community or specific local need which cannot be met in more sustainable settlements.

The Countryside – including Hamlets and Scattered Groups of Buildings

1.54 East Lindsey’s countryside is one of our greatest assets. It is important for tourism, the agricultural economy and quiet recreation as well providing a rich wildlife resource and healthy environment. It forms an attractive setting for our historic market towns and villages and provides an uplifting environment for living and working. However, it is very sensitive to the effects of development and use.

1.54a A healthy countryside requires a healthy rural economy and, in line with PPG7, the Council aims to encourage the towns and larger villages to provide a growing economic base whilst allowing farming enterprises to sustain their viability through appropriate diversification projects.

1.55 Only development which has an essential place in the countryside will be permitted because development in the countryside carries with it several potential threats:-

• It places extra pressure on infrastructure and services which are more costly to provide in more remote locations;
• It increases the need for additional travel, usually by car, which in turn adds to costs, uses up finite energy resources, adds to CO2 emissions and increases disturbance in the countryside;
•  It introduces uses which may not be compatible with farming/countryside activities, natural history or the quiet enjoyment of the countryside;
• It reduces the stock of agricultural land;
• By deflecting development away from the larger settlements it reduces their service role and their potential to pass on the benefits of economies of scale to the wider community;
• It sets a precedent for isolated development which may be difficult to resist in future;
• It blurs the essential differences between the countryside and the settlement character

1.56 If individual developments are allowed to be repeated, they will accumulate over time to magnify the effects of these problems.

1.57 As well as the settlements listed in table 1 there are numerous hamlets and groups of buildings scattered about the countryside which have no recognisable village form or facilities and are wholly dependent on larger settlements for practically all everyday needs. Applying the sustainable development principles of PPG1 and PPG3, there can be no justification for any speculative, or non-essential, development in these unsustainable locations.

1.58 Development would be deemed to be essential in the countryside (including the small villages and hamlets) if it met a specific community need which could not be met by any other development in any other location that would meet the plan’s policies. Examples may include diversification proposals within a farm holding, agricultural dwellings, visitor attractions focussed on a countryside feature or affordable housing to meet a social housing need in a small village.

1.59 Replacing a non-conforming or unsightly use in the countryside by a more “acceptable” development is not, in itself, a sound reason for an exception to this policy.

1.60 Any permissible development in the countryside will, nevertheless, need to take heed of other relevant policies in this plan and, in particular, would be required to respect and add to the locally distinctive character through its scale, design, layout, choice of materials and appearance. Where appropriate, it would need to be integrated within an approved landscaping scheme which shows how it relates to its setting, how important features have been incorporated into its design and how amenity or wildlife features have been enhanced. The Council’s Countryside Landscape Assessment as well as Village Design Statements and Village Character Appraisals, where they have been drawn up, would provide useful guidance.

Policy CP 4 - Protecting village and community facilities including Educational Land

Development which would result in the loss of an important village or community facility will not be permitted unless every reasonable effort has been made to retain it and has failed.

Within Educational Areas development for non educational uses will only be permitted provided that:-

a) they are compatible with adjacent and existing uses; and

b) they involve buildings formally declared surplus to LEA requirements.

Within Educational Areas proposals that involve the loss of school playing fields and other significant open spaces will not permitted unless;-

c) the proposal is of proven public interest that outweighs the recreational or amenity interest in the site; or

d) if the facilities can best be retained and enhanced through redevelopment of part of the site or through relocation of the recreational resource.

1.61 The life-blood of a village community depends largely on its range of facilities. Village halls, pubs, village greens, schools, allotments, shops, play areas, etc. make a vital contribution to the social and economic well-being of smaller rural communities, especially those isolated from higher order settlements.

1.62 Only in the most exceptional of circumstances would the Council agree to their loss. Any proposal to remove such a facility will be required to show how it is not necessary in the long term. The fact that a facility is not in current use will not, in itself, be justification for its loss. Similarly, any facility or community business must be shown to be unviable in the long term and that it cannot be sold on as a going concern. To help determine such a case, the Council will require evidence that the facility has been advertised in the most appropriate marketplace, at a realistic market price, stipulating only community or social use, for a minimum period of six months.

1.63 The provision of an acceptable replacement facility nearby may remove the Council’s objection, in principle, to the proposed development.

1.64 Where County Council owned land and buildings, including schools and school grounds and playing fields, provide a valuable local or wider community resource, the Council will oppose their loss or redevelopment for other uses.

1.65 Once school land, including playing fields, has been disposed of for other uses it is extremely unlikely that it can be recovered for educational or community uses. The Council will only consider development proposals for noneducational uses on educational land if the land has been formal declared surplus to LEA requirements. This process involves notification by the Department for Education and Science.

Policy CP5 - Quality of Design

1.66 Attention to good design is not an optional extra for new development – it is a pre-requisite for any planning consent. The Council will refuse planning consent for any development that has not demonstrated a commitment to achieving the highest quality of design appropriate to its function and setting.

1.67 East Lindsey is home to a wide variety of building styles and landscapes. Over 200 settlements display individual and distinctive characters. Historic Market towns differ markedly from seaside resorts; mud and stud cottages have vastly different properties from Georgian town houses; Conservation Areas differ in character and influence; the rolling Lincolnshire Wolds offer a contrast to the flat coastal plains; linear villages have a completely different “feel” from the more nucleated or compact villages. The Council does not expect “one design to fit all” and will deal summarily and unsympathetically with any development proposal that adopts this approach.

1.68 Applicants will be expected to provide a statement setting out the design principles used in the preparation of the proposal, in particular explaining the influence of locally distinctive character and design and how the proposed design relates to its wider setting as well as to immediately adjacent properties and features.

1.69 The Lincolnshire Residential Design Guide contains advice on local Lincolnshire architectural and landscape character, how to undertake a site development appraisal and local design considerations. Further guidance on local landscape and village distinctiveness is available from the Council’s Landscape Character Assessment and various Village Character Appraisals prepared by local community groups and adopted as supplementary planning guidance by the Council. Other useful guides to locally distinctive character are English Nature’s “Natural Areas Character Surveys” and the County Council’s “State of the Environment” report and “The Lincolnshire Wolds Landscape Assessment”. In particular, we recommend early discussions with the Council’s Planning, Conservation and Environment Officers to obtain useful advice and make sure all design issues have been taken into account.

Public Art

1.70 Art in public places enlivens and enriches our quality of life as well as spreading benefits to the local economy and communities. It attracts people, and is a symbol of local confidence and community pride that can act as an incentive for new businesses to move into the area. By attracting investment into the area it can be a useful tool in stimulating economic and environmental regeneration.

1.71 Through its design, new development will be expected to enrich the character of public, amenity and civic spaces and develop their functions as lively and vital foci for social, business and cultural interaction. By providing art in public spaces, new development may help to achieve this; indeed, where proposed new development would otherwise be unable to contribute to the character of public spaces, the Council may pursue the provision of suitable public art through a planning obligation or Section 106 Agreement.

Landscaping

1.72 Landscaping is an essential integrated part of the design any development of significant scale. It will not be sufficient to submit landscaping details after a full planning application for built development has been 18submitted and approved. Where landscape details are to be submitted, and this will include all sites over 0.25 hectare in size, they shall form part of the overall design to be included in the same planning application as the built development proposals.

Design of New Housing

1.73 In line with PPG3, the Council will reject poor housing designs that are out of scale or character their surroundings. At the same time, the Council will welcome schemes that demonstrate innovation and flare and which add to the ambient quality of development.

1.74 Although the Council will not dictate the layout or design of new housing schemes, it will expect developers to justify their designs by explaining the design principles upon which they were drawn up.

1.75 The Lincolnshire Residential Design Guide provides useful pointers towards vernacular or locally appropriate housing designs but these should be a starting point for drawing up high quality designs; they should not be seen as prescriptive design solutions for all circumstances.

1.76 For instance, what may be an appropriate estate-type development in the suburbs of a large town is unlikely to be appropriate in any of East Lindsey’s small market towns and would be a grossly unwelcome visual and environmental intrusion in any of its villages.

Housing Density

1.77 Land is a precious and finite resource. Its use merely to add value to a property is not environmentally acceptable. Whilst respecting the government’s aim to avoid the unnecessary underdevelopment of land for housing, the Council will be careful in applying the higher density requirements of PPG3 to avoid harming the character of housing areas where the ambient density of housing is a major contributor to its character.

1.78 Housing density in itself does not dictate the character of development, or its ability to fit into its surroundings. More significant is the layout and design of the development and its setting within the settlement. So, a suitable density will be decided taking account of:-

• the need to avoid the unsustainable under use of housing land and the government’s increased housing density targets reflected in PPG3;
• the type, size and mix of the houses proposed;
• the ambient character of the locality and the relative urban or rural character of the setting;
• the risk to the amenities, particularly privacy, of adjoining properties;
• the layout and design of the proposed development;
• the need to retain features or provide open space on the site;
• the capacity of the site’s service infrastructure; and
• any physical constraints on site.

1.79 To this end, the Council will generally more rigorously apply the housing density standards of PPG3 in the more densely developed areas of town centres and brown-field redevelopment sites within the urban core. Elsewhere, and particularly in the villages, the Council will seek higher density development where it can be accommodated without harming the essential character of the locality.

Protecting Local Character

1.80 Development, which harms existing features that add to local character, will not generally be permitted. Development, which may cause no problem within the site, may create problems off-site. For instance, should a development proposal require off-site road widening or tree felling to create visibility splays or the removal of verges to create calling bays or footpaths or hard kerbing, then the accumulated loss of distinctive local character may be sufficient to render the development unacceptable.

Open Space in New Housing Development

1.81 Like landscaping, open space is an integral part of a housing development layout and design. Open space can take many forms and fulfil different functions, including formal and informal amenity areas, play spaces, providing a setting for landscape features or public art, defining pedestrian or cycle corridors, improving the setting of buildings or groups of buildings, providing visual links to adjoining development or helping to integrate traffic or car parking into a residential environment.

1.82 When the results of the Council’s audit of public space and its district-wide study of leisure services are known they will be used to calculate local standards for the provision of formal play and recreational space within new housing development. Until then, the Council will be guided by evidence from the Council’s own survey of Parish facilities and the National Playing Fields Association’s recommended standards for outdoor playing space and publicly accessible open space. As a minimum, therefore, Developers will be required to make a pro rata provision of at least 2.1 hectares (6 acres) of formal recreation space for every 1000 people to be accommodated by the proposed development.

1.83 This is in addition to the amenity space referred to above which is required as part of the overall design. The proportion of a site to be given over to such space will vary according to the character of the proposed development, its setting and the community need for different types of open space. If open space is successfully integrated within a development scheme then it would be impossible to isolate and calculate the open space contribution anyway.

1.84 As a general guide on sites over 1 hectare in size, the Council will expect up to 20% of the site to perform one or more of these amenity open space roles. Developers are advised to consider open space, as well as landscaping, along with the built form of design as an integrated package at the design concept stage of a housing scheme. The Council will not approve a housing scheme if open space has been gratuitously located simply where no other development would fit or where it bears no spatial of functional relationship to other development on or off the site.

1.85 It shall be the Developer’s responsibility to provide and lay out such areas and to make provision for future maintenance. This could take the form of a commuted sum payable to the Town, Parish or District Council or County Highway Authority.

Policy CP6 - Protection of Quality of Life

1.86 All development will have an impact on its surroundings. Neighbours and people living and working nearby should be aware that new development is a legitimate and perfectly acceptable way of meeting the growing and changing development needs of an increasing and diverse population with expectations of continual improvements to its quality of life. Any minor or short-term harm to local conditions should be weighed against the larger, longer-term benefits to a wider community.

1.87 Nevertheless, new development should not make living conditions unreasonably worse for people living or working nearby unless there are overwhelming benefits to the wider community.

1.88 Unless there are such overwhelming exceptional circumstances, the Council will not permit development which unduly harms the quality of life of nearby residents and local communities through:-

• overlooking or loss of privacy
• loss of natural light to habitable rooms or workplaces
• excessive noise, especially during “unsociable” hours
• disturbance by movements to and from the premises
• air or light pollution
• harm to the distinctive character of the area
• increasing traffic danger
• increasing security risk for nearby premises
• reducing accessibility to open spaces loss of amenity space reducing job opportunities increasing the fear of crime
• increasing social exclusion by restricting access to essential services and facilities
• reducing transport options

1.89 In association with the Audit Commission, the Council has developed a series of 38 Quality of Life indicators that it feels are important to the future well-being of the East Lindsey communities. They will be used to monitor the Council’s progress towards achieving sustainable development at a local level. In applying policy CP6, the Council will try to make sure that new development is consistent with this aim. The criteria listed above reflect some of the Council’s Quality of Life indicators that can be influenced by planning policy.

1.90 Developers should be aware of the increased potential for loss of local amenities when proposing high density development, back-land or tandem development, non-residential uses in residential areas, development on constricted brown-field or infill sites, bad-neighbour uses and almost any large scale development in a village.

1.91 Where there is a real threat to local amenities or quality of life, the Council will negotiate with the Applicant to reduce the impact to an acceptable level. Failing this, the application will be refused.

1.92 To avoid this, and to comply with this key policy, Applicants should pay particular attention, at the design stage of the proposal, to the layout, scale, massing, materials, orientation, relationship to adjoining buildings and premises, boundary treatment, hours of operation, illumination, noise emissions, prevailing winds, traffic generation and servicing requirements and any other matters which may affect its impact on local amenities and quality of life.

Policy CP7 - Access to and within new development sites

1.93 Road design is an important element in any new development scheme and should not be considered solely in terms of engineering standards. The government’s Design Bulletin No.32 (Residential Roads and Footpaths) and the Lincolnshire Residential Design Guide both show how creative road, footpath and cycleway design can be integrated into new residential development to contribute significantly to the overall attractiveness, safety and enjoyment of the development.

1.94 The Council is willing to modify access standards where innovative design ensures safety, equal access for all and there is a real environmental or operational benefit which will add to the local character or quality of life. When considering planning applications for new development layouts, the Council will expect developers to show why their chosen access design option is the most appropriate choice for the development itself, for the people who will use it and for the locality in general.

1.95 Engineering solutions to road issues may not be in the best interests of pedestrian or cyclist safety, may cause problems for disabled and special needs groups or may cause environmental or amenity problems. Generally, roads should not dominate residential areas, visually or functionally, and this is especially the case in smaller towns and villages. Estate-type roads are alien features in a rural setting and developers should seek more appropriate alternatives in village development.

1.96 Road design, which has conformed to engineering standards, has usually been acceptable in the past. This core policy indicates the Council’s firm intention to make sure that mere compliance with such standards will, in future, be no guarantee of acceptability.

1.97 Larger scale development should also show how the potential impact of its anticipated traffic movements will impact on the amenities of nearby properties, the surrounding character and the safe movement of traffic through the area and how measures will be put into place to reduce any harmful impacts to an acceptable level.

 Policy CP8 - Car and cycle parking standards in new development

1.98 It is widely accepted that the availability of car-parking has a significant influence on an individual’s decision on whether or not to drive to a destination, irrespective of the presence of public transport. This is particularly the case in a rural area such as East Lindsey where car-dependency is high and the provision of public transport is, at best, patchy.

1.99 At the same time, the Council recognises the government’s sound aim of seeking to reduce car dependency and widen transport choices. This is reflected in its Planning Policy Guidance Note 13 (Transport) that calls for maximum, rather than minimum, car-parking standards in new development.

1.100 Policies for limiting car-parking can only be effective if alternative forms of transport are made readily available. In its Transport Strategy the Council is seeking to widen transport and choices and, working as an active partner on the Lincolnshire Rural Transport Partnership, is successfully attracting funding to increase different forms of public and community transport. The extreme rurality of east Lindsey will inevitably mean that car dependency will never decrease to the levels expected of the more densely populated urban areas.

1.101 Recognising this, the Council has adopted car-parking standards which, whilst not encouraging further travel by car, in some cases are not as restrictive as those put forward in PPG13. Where local economic or social vitality depends on attracting people and alternative forms of transport do not exist, or where social exclusion would be made worse, the Council may exceptionally allow car-parking provision to exceed the stated maximum levels.

1.102 One alternative form of transport is cycling and the generally flat terrain of most of the District’s towns and service villages makes this a particularly viable option. Through its Transport Strategy and the Rural Transport Partnership, the Council will develop cycling initiatives. The Council will also expect developers to provide facilities to encourage and cater for growth in cycling and will rigorously apply the minimum standards for cycle-parking facilities in all new development.

Policy CP9 - Protection of existing car-parking

1.103 The Council is working hard to provide realistic alternative means of transport to the car in order to fulfil its sustainability obligations and to improve the range of transport choices for East Lindsey residents. However, the extreme rural character of the district means that there will continue to be a great reliance on the car for gaining access to essential services for some time to come.

1.104 Car parking provision is such an important component of the economic future of tourism and town centres that the Council will not permit any unnecessary reduction in the current level. Adequate off-street parking is also required to avoid conditions that encourage drivers to park illegally and dangerously. Where necessary, planning conditions or Section 106 Agreements will be used to secure adequate replacement parking if development on an existing car park is deemed appropriate.

Policy CP10 - Planning obligations to secure Sustainable Development

1.105 Given the choice between using conditions attached to a planning permission and a legal agreement with a developer, the Council will always choose the former as the most effective means of achieving high quality development and bringing forward development in the public interest. But, sometimes, conditions cannot be legally applied or enforced under the Planning Act. Section 106 of the Act allows the use of planning obligations to improve the quality of development or to enable development to go ahead which may otherwise have to be refused.

1.106 These obligations are also known as Section 106 Agreements and the Council will use them to:-

• secure off-site infrastructure and services necessary for the development to take place: this may include the provision or upgrading of roads or footpaths, additional sewerage or other statutory services which may have reached or be approaching full capacity;
• offset environmental or community losses which would be caused by the development;
• maintain any increased levels of public or community transport, recreation, education, community, social or amenity facilities required as a result of the new development. For instance, local schools may need to be extended to accommodate the extra children from new housing development.

1.107 These agreements can be put into action by the developer in a variety of ways including direct provision, commuted sums, maintenance agreements and land exchange.

1.108 Sometimes, a development proposal will include benefits – not required as a result of the development itself – which would help other objectives of the Local Plan’s policies to be met, (e.g. by providing job opportunities or increasing public transport choice or improving the vitality and viability of the town centre). In such cases, the Council may consider these as material planning considerations to be weighed against other factors when determining a planning application.

1.109 However, unacceptable development cannot be made acceptable simply by the offer of unnecessary or unrelated benefits. Such planning gain is not acceptable within the spirit of Annex B of the Department of Environment Circular 1/97.

1.110 The Council has prepared supplementary planning guidance to explain how developers will be required to contribute to the provision of affordable housing on housing schemes at a level calculated to help meet an identified local social housing need.

1.111 The Council is working with Lincolnshire County Council and other district councils to develop a district and countywide approach to the application of Section 106 agreements to meet common social, infrastructure, educational and transport needs throughout the county but without distorting the market forces of the development industry.