East Lindsey Local Plan 2001 - 2021

CHAPTER 3
Environment

CHAPTER 6: HOUSING

• to provide sufficient land for housing over the plan period within the framework of a sustainable settlements-hierarchy
• to provide a range and mix of housing types to meet the varying needs of the population;
• to allow particularly for the provision of 'affordable homes for local needs';
• to make sure that new housing adds to, rather than detracts from, the existing character of the area and quality of life of its residents and, in particular, that towns and villages are not overdeveloped by housing;
• to prevent sporadic development and inappropriate extension of settlements into the countryside;
• to monitor and control the rate of housing development throughout the plan period so that development does not accelerate beyond need or the capability of roads and services to support it;
• to encourage the re-use of land and buildings for housing in sustainable locations;
• to locate and develop new housing in a sustainable way, including such means as reducing the need for car journeys and developing energy efficient housing.

HOUSING

• Policy H1 - Allocated Housing Sites in the Towns, Service Villages and Core Villages
• Policy H2 - Housing elsewhere in the Towns, Service Villages and Core Villages
• Policy H3 - Housing outside the Towns, Service Villages and Core Villages
• Policy H4 - The Provision of Affordable Housing in Towns, Service Villages and Core Villages
• Policy H5 - Creating Additional Housing in Existing Buildings
• Policy H6 - Housing on Affordable-Exceptions Sites
• Policy H7 - Household Annexes
• Policy H8 - Replacement Dwellings in the Countryside
• Policy H9 - House Extensions in the Countryside
• Policy H10 - The Conversion of Buildings into Houses in the Small Villages and the Countryside
• Policy H11 - Houses in Connection with Countryside Businesses
• Policy H12 - Sites for Itinerant Households

6.1 The Plan's housing policies have been drawn up to satisfy the following eight objectives:-

• to provide sufficient land for housing over the plan period within the framework of a sustainable settlements-hierarchy;
• to provide a range and mix of housing types to meet the varying needs of the population;
• to ensure provision for affordable homes for local needs';
• to make sure that new housing adds to, rather than detracts from, the existing character of the area and quality of life of its residents and, in particular, that towns and villages are not overdeveloped by housing;
• to prevent sporadic development and inappropriate extension of settlements into the countryside;
• to control the rate of housing development throughout the plan period so that development does not accelerate beyond need or the capability of roads and services to support it;
• to encourage the re-use of land and buildings for housing in sustainable locations;
• to locate and develop new housing in a sustainable way, including reducing the need for car journeys and developing energy efficient housing.

Allocation of Housing Land Throughout the District

6.2 The distribution of housing land has been shaped in response to the Government's key objective of ensuring that all development should be sustainable; Regional Planning Guidance for the East Midlands (RPG 8), which sets the housing ‘target’ for the Counties; and the County Structure Plan which apportions the County housing allocation to the districts.

6.3 The Regional Planning Guidance target anticipates that an average of 2750 houses will be built per annum across Lincolnshire. This is expected to mean that the district is to provide 10400 houses** over the Plan period between 2001 and 2021.

6.4 The Plan allocates land for housing on a town catchment area basis. This approach allows the Plan, in concert with the Council’s Housing Strategy, to respond to changes in the diverse housing market in the District. It will ensure that local needs can be met and provides an area-by-area basis for assessing the five-year availability of housing land. It also provides a more realistic means of monitoring the availability of housing land rather than considering it on an arbitrary district-wide basis.

6.5 Based on the number of properties in the established catchment areas, new housing will be distributed amongst the key settlements as follows:-

Current position

6.6 The housing to be allocated and provided for in the Plan has been calculated using the “residual method” whereby those houses already built since the start of the Plan period in 2001 have been discounted and an allowance made for those with planning permission and those under construction. The Table below sets out the current position, at 1st October 2003, in terms of the overall targets for the Plan.

6.7 Of the ‘target’ 10400 houses** 1611 were built between 2001 and October 2003 and a further 3310 are either under construction or have the benefit of planning permission (Housing Land Availability Study October 2003). Assuming a modest 10% (50 p.a.) contribution from windfall sites, this equates to roughly 7 years’ supply of new housing sites throughout the district. Generally, therefore, the Plan will not be seeking the immediate release of additional speculative sites for development. Instead, it will look to the limited release of further sites to ensure that a minimum of 5 years’ housing land supply is available at all times within the town catchment areas and to meet the specific needs of settlements where a shortfall exists.

6.8 Where appropriate the Plan allocates sites for development for the second five-year phase up to 2013 and these are identified in the List of Allocated sites in Appendix 1. The allocation of sites for development in the longer term – beyond 2013 - will be made in the first review of the plan. This will allow the Council to manage the release of sites so that development can be distributed over the full lifetime of the Plan to 2021 and also to monitor and manage the release of windfall sites in the long term.

6.9 ** the expected ‘target’ for the District for 2001 to 2021 is 10400 additional units of housing. The ongoing monitoring of housebuilding will be used to re-assess this element as part of the first review to ensure that the release of land can be properly managed to meet local need. As part of this process a proposed scheme of phasing for development of sites and parts of the larger sites has also been set out and the release of sites (or parts of) will be subject to the same process of ongoing monitoring to prevent excessive development rates early in the Plan period.

Housing Allocation

6.10 To achieve the principal objective of creating a sustainable development pattern as laid out in Policy CP1 and the settlement hierarchy of Policy CP3, the Plan proposes distribution of housing (before commitments are taken into account) at the following rates :-

• 6740 houses to the towns (equating to a 25% level of growth);
• 2070 to the service villages (equating to a 20% level of growth) and
• 1040 to the core villages (also equating to about a 20% level of growth)
• 550 to the small villages to meet local needs. (These settlements are listed in Policy CP3 in Table 1.)

6.11 Sites have been allocated in the Key Settlements (Towns and Service Villages) and Core Villages to meet the perceived need over the Plan period taking account of current commitment, the potential from previously used sites (identified through the Urban Capacity Study) and the capacity for growth.

6.12 The Urban Capacity Study did not include sites of less than 0.01hectare. Therefore a latent potential exists for further small windfall sites, but because of the complexity of establishing the precise contribution of these smaller sites, and the contribution of other sites which may become vacant at some future date, the contribution expected of windfall sites in the named settlements has been estimated to be about 10% of the total housing provision.

  Policy H1 - Allocated Housing Sites in the Towns, Service Villages  and Core Villages

Proposals to develop these sites will be required to provide for a range and mix of housing types and, where appropriate, the Plan will indicate:

a) How development will be phased, to ensure a balanced rate of development over the lifetime of the Plan;

b) the anticipated level of affordable housing provision based on current levels of need that the developer will be asked to provide;

c) the target density of development on these sites which will be 30 dwellings per hectare in the towns except on sites in and around the town centres where the target density will be 40 dwellings per hectare.

6.14 Within each settlement, the Council shall phase the release of housing sites on a sequential basis, starting with the most sustainable locations. Planning permissions on green-field sites will not be renewed within phase 1 (until 2008) if there are sufficient brown-field – or more sustainably located – sites allocated and available for development in the settlement to provide a minimum of five years’ supply of housing land. Where sites are allocated beyond 2008 the proposed phasing of development is indicated on the Schedule of allocated sites in Appendix 1.

6.15 On all sites the developer will be required to make provision for a range of house types, including low cost market housing. Also, through Section 106 Agreements, developers may be required to provide land, houses or commuted sums to the Council or to a nominated Registered Social Landlord for the provision of social housing to support the development of balanced communities in accordance with the advice of PPG3 (Housing).

6.16 Unless there are justified material planning reasons that mitigate otherwise on allocated sites the Council will typically require schemes to achieve a minimum of 30 units per hectare in accordance with PPG3. Material planning considerations include the need to take account of the constraints of the site and the need to consider the impact of individual proposals on the locality particularly the impact of urban densities on village character. In or around the town centres where the denser urban character prevails the target density will be 40 per hectare. Policy CP5 explains more about how design considerations may influence housing density.

Policy H2  - Housing Elsewhere in the Towns, Service Villages and Core Villages

a) the site is not allocated for another use;

b) it does not result in the loss of an existing use which is essential to the local community's social or economic fabric;

c) the proposal makes provision for a range and mix of house types;

d) provision is made on the site, or by contribution, for affordable housing at a scale appropriate to the identified need in the settlement, in accordance with Policy H4.

e) in the towns, development aims to achieve a target minimum density of 30 dwellings per ha except in and around the town centre where the target should be 40 dwellings per ha.

f) in the villages, housing density shall respect, and be in keeping with, the existing character of the village:

g) in the core villages only, provided the cumulative contribution of sites would not result in the overall commitment to parish housing figure in excess of 20% over the Plan period.

6.18 In the core villages the impact of windfall developments may be considerable and the Council will monitor the release of sites closely to ensure that development:-

• does not lead to an over commitment during the life of the Plan;
• does not prejudice its ability to manage the release of sites in subsequent stages and the potential from allocated sites to generate low cost homes using Section 106 Agreements

6.19 This process will inform any subsequent review of the Plan to allow the justified, managed release of land for housing on a subarea basis.

6.20 Housing proposals on sites allocated for other uses or which provide an amenity for the wider community will only be supported provided it could be shown that the wider objectives of the Plan would not be compromised by the proposals or that suitable, alternative provision for the displaced use is made locally, elsewhere.

6.21 These sites will be expected to contribute to the supply of affordable housing at a level consistent with their size and location and in accordance with the thresholds set out in Policy H4.

6.22 Unless there are justified and overriding material planning reasons, the Council will typically require schemes on allocated sites to achieve a minimum of 30 units per hectare in accordance with PPG3. Material planning considerations may include the need to take account of the constraints of the site and the need to consider the impact of individual proposals on the locality particularly the impact of urban densities on village character. In central housing zones identified in areas around town centres where the denser urban character prevails the target density will be 40 per hectare.

Policy H3 - Housing Outside the Towns, Service Villages and Core Villages

a) it is essential for the needs of agriculture, horticulture or forestry; or

b) it is essential for a business appropriate in a rural location within the terms of policy H 11; or

c) there is a proven local need that cannot reasonably be met in one of the key settlements;

and, in all cases, the need cannot be met by the redevelopment or re-use of an existing building in a settlement in accordance with Policy H6 or H10.

6.24 The towns, service villages and, to a lesser extent, the core villages have been identified as the locations that are best suited to meeting or potentially meeting those criteria. This policy accordingly seeks to ensure that development away from the identified settlements provides for local needs – particularly local employment generated needs – and helps maintain a supply of affordable housing rather than simply adding to the general housing stock of smaller settlements in unsustainable locations.

6.25 The particular problems of siting housing outside the towns, service villages and core villages include: -

• it places relatively greater pressure on infrastructure and services, the extra costs of which must largely be met by the wider community;
• it increases the need for travel which, in turn, adds to costs, uses up finite energy resources, adds to local pollution and increases disturbance in the countryside;
• it sets a precedent for isolated development which may be difficult to resist in future;
• it detracts from the service role and benefits of economies of scale offered by settlements, and contributes to social exclusion;
• it blurs the essential contrast between the countryside and the urban or village character.

6.26 Accordingly, the only exceptions which should justify housing outside the key settlements and core villages are for local needs such as agriculture and forestry which can satisfy the requirements of Policy CP3. However, even in these cases it will need to be shown what special requirements demand that the need justifies provision. Therefore, before any proposal can be considered applicants will also be required to show how alternatives in the local area and in nearby key settlements have been considered and why they have been dismissed.

6.27 For the purposes of this policy "Local" is taken to refer to those people living within the parish boundary or within adjoining parishes except where the adjoining parish is a higher order settlement. In exceptional cases of need, or where opportunities for more convenient affordable housing are restricted, this geographical limit may be extended.

6.28 The intention of the following policies is to ensure – as far as possible - that new development outside the key settlements provides for the needs of people with direct links to the locality, e.g. those who need to be located close to their place of work. They also aim to ensure that where “affordable” homes are built their scale is such that they remain affordably priced in the long term.

Affordable Housing

6.29 A sustainable housing policy is one where no-one is unduly disadvantaged in the housing market through lack of opportunity or choice. This Plan tries to make sure that, in addition to open-market provision, social and affordable housing needs are met by:-

• requiring developers of housing sites to show how they have taken account of local needs and, where appropriate, to make provision for low cost homes (policies H2, H3, H4);
• allowing vacant premises, such as those over shops, to be brought into residential use (policies H5, S2);
• allowing the conversion or sub-division of larger premises to form smaller units (policies H5, H10);
• allowing extensions or annexes to houses to create extra living accommodation (policy H7);
• enabling higher density, smaller units to be developed on urban sites where service and transport costs can be kept to a minimum (policies H1, H2);
• reducing the potential loss of dwellings that might otherwise contribute to the stock of affordable homes (Policy H8);
• allowing social housing to be built on land which would not normally be released for housing (policy H6).

6.30 The Council has adopted this broad approach to respond to the high levels of need and the specific issue of affordability affecting the market locally. The main issues in East Lindsey are:-

• the Council’s Housing Register contains in excess of 3600 people/households (Sept 2003);
• average house prices are escalating rapidly (28% overall between April 2002 and 2003);
• the ratio between average property prices and average income (Oct 02) is 5:1 -making home ownership increasingly difficult.
• average wage levels in East Lindsey are approximately 5% lower than those for Lincolnshire, nearly 14% lower than those for the East Midlands and 27% lower than those for England as a whole.

6.31 If ‘affordable housing’ is defined as that which costs between 3.0 and 3.5 times average yearly income, a ratio of 5 : 1 (house price to income) will clearly mean that home ownership will not be a feasible option for an increasing number of people and the situation will worsen if house prices continue to rise more steeply than average incomes.

6.32 Accordingly, as a starting point, the Council will favour contributions from developers in the form of fully serviced plots to enable social rented provision through the network of partner Registered Social Landlords; but will also consider a range of options including discounted land, commuted sums and discounted completed units. These requirements will be adjusted to meet local circumstances including differing tenures – houses to rent, shared ownership and low cost. The full details of the Council’s approach to developer contributions will be set out in Supplementary Planning Guidance to accompany the Plan

6.33 Policies H1 and H2 set out the circumstances when low cost housing will be sought on development sites in the towns, service and core villages. The Council will use the information available from the Housing Register to determine how the level and type of provision should respond to local demand.

  Policy H4 - The Provision of Affordable Housing in the Towns, Service  Villages and Core Villages

On all sites of 0.5 hectare or more in those settlements, or where 15 or more dwellings are proposed, development will be required to contribute towards meeting the identified local housing need.

6.35 As outlined above the Council has identified the most urgent need to be for low cost housing for rent, and considers that the most appropriate means of meeting that need is by the provision of serviced land to enable the Council (in association with partner Registered Social Landlords (RSLs)) to fulfil its obligations.

6.36 The Council will therefore seek developer contributions in all new schemes on sites of 0.5ha. or larger or on sites of 15 or more dwellings - including those where the cumulative development would reach that threshold.

6.37 The level of contribution will be established on a site-by-site basis using the Council’s Housing Register which provides an indicator of the current levels of local housing need in the towns, service villages and core villages The Council will apply a sliding scale to ensure that the requirement from developers is commensurate with the level of local need.

6.38 The provision of affordable and social housing will also apply in the case of mixed development sites and will be based upon evidence of local need. To satisfy the policy objective, the Council shall negotiate with developers to secure an appropriate level of provision of such housing based both on the particular circumstances of the site and on the levels of need.

6.39 The Council has prepared Supplementary Planning Guidance setting out the formula for the calculation of levels of affordable housing that will be sought and this will be regularly revised to reflect the most up-to-date position.

  Policy H5 - Creating Additional Housing in Existing Buildings

Elsewhere the subdivision of houses into multiple, separate residential units will only be permitted where: -

i) it is essential for the needs of agriculture, horticulture or forestry; or
ii) it is essential for a business appropriate in a rural location within the terms of policy H 11; or
iii) there is a proven local need that cannot reasonably be met in one of the key settlements.

In every case development will be required to show that

a) it respects the character, scale and design, and materials of the original building, and;

b) it does not harm the amenities of neighbouring properties or the locality by reason of scale, design, appearance or traffic generation;

c) appropriate levels of car parking can be provided;

d) privacy and amenity is afforded to occupiers of the proposed residential accommodation.

6.41 The conversion of old commercial buildings and the like can also create new living accommodation as well as helping to rejuvenate run-down parts of towns and villages. Such schemes are likely to attract more specialist and innovative designs which can benefit the character of the area provided that they respect the character and setting of the original and surrounding areas through careful design appraisal.

6.42 Similarly, where there is a clear need for affordable accommodation for one/two person households and this can be provided through the sub-division of large units without damage to the amenity of surrounding uses or the character of the building, the Council will support such proposals. In all cases the Council will require the developer to show how the design of any proposal has taken account of the impact on the surrounding area, to ensure that the amenity of the area, neighbours and future users of the site is not damaged by the intensification of use likely to result from development.

  Policy H6 - Housing on Affordable-Exceptions Sites

a) it is located in or alongside a settlement listed in Table 1 of Policy CP3, and

b) it is clearly shown to meet a particular and identified local need for social housing which cannot be met elsewhere or in any other way; and

c) it does not result in sporadic development which is unrelated to the form of the settlement; and

d) it does not harm the character or general amenities of the settlement through traffic generated or because of its siting, scale or appearance; and

e) the long-term ownership of houses is controlled through a legal agreement to ensure that preference is given to purchasers or tenants who need to live in, work in or have long standing connections with the settlement.

6.44 Local need could be judged to exist in the cases of: - a) existing residents who need separate accommodation (e.g. people leaving tied accommodation on retirement); b) people whose work provides an important local service and who need to live close to the local community; b) people with an offer of a job in the locality, who cannot take up the offer because of the lack of affordable housing; d) people registered on the Council's waiting list for Council houses in the locality.

6.45 For the purposes of this policy "local need" is taken to refer to the need of people living within the parish boundary or within adjoining parishes, except where the adjoining parish is a higher-order settlement. In exceptional cases of need, or where opportunities for more convenient affordable housing are restricted, this geographical limit may be extended.

6.46 In the context of this policy, "small-scale development" will take into account the size of the settlement. Typically, in the case of non-key settlements, it will not be expected to be more than one or two dwellings. Also, it will take account of the expected level of local need and the ability of the settlement to accommodate new development without unduly harming the built or countryside environment or placing undue pressure on local services.

6.47 The Council, the Landowner and the Developer shall be expected to enter into an agreement under Section 106 of the Town & Country Planning Act (1990) or a Planning Obligation under Section 12 of the Planning and Compensation Act, 1991. The District Council holds a Model Section 106 statement that it would adapt to particular local circumstances.

6.48 To promote this policy the District Council will use the services of the Rural Housing Enabler or encourage Parish Councils to undertake local needs surveys, providing the necessary model survey forms and drawing up a Section 106 or Planning Obligation Agreement. The Council works in partnership with Registered Social Landlords and will take a positive role in seeking and developing suitable sites for affordable housing.

6.49 In line with PPG3, the Council will only consider cross-subsidy schemes (i.e. where normal market housing subsidises the provision of affordable housing) where the normal market housing lies wholly within a settlement or is in a site allocated for housing and can satisfy all other policies. The Council will not permit any cross-subsidy scheme on a site that lies outside a town, service village or core village.

6.50 This policy is aimed solely at helping to provide affordable housing for local needs and is in addition to the normal housing allocations dealt with elsewhere. The Council will not entertain any proposal to develop open market housing on a site identified under this "exceptions" Policy. Neither would the identification of such a site have any implications for the future release of that land for general needs housing.

Policy H7 - Household Annexes

• the resultant overall scheme has the appearance of, and functions as, one dwelling; and
• the completed scheme uses shared entrances and facilities such that a ‘self-contained’ or separate unit is not created; and
• the character of the existing building in terms of its size, scale and appearance is not harmed as a result of development.

6.52 This means that - as well as satisfying this Plan's normal siting, design and amenity policy criteria - such development must remain as an integral part of the original dwelling. The Council will not allow it to be 'partitioned off ' as a separate dwelling unit unless it can satisfy development control, locational policy criteria found elsewhere in this Plan.

6.53 Where there is evidence that such extensions or outbuilding conversions have been separated from the original dwelling unit without planning permission, enforcement action will be instigated.

  Policy H8 - Replacement Dwellings in the Countryside

a) the original dwelling:-

1) has not been demolished or fallen into such a state of disrepair that it no longer has the appearance of a dwelling;

2) is not capable of repair and reinstatement at reasonable cost;

3) is not a temporary or mobile structure; and

b) the new dwelling:-

1) is of a scale that reflects the proportions of the original, and does not harm the character of its setting;

2) displays a sympathetic design, an appropriate choice of materials, boundary treatment and associated landscaping;

3) preserves or replaces any existing habitat for protected species of wildlife.

In all cases the new dwelling will be subject to conditions to restrict further extension under Permitted Development rights.

6.54 Many dwellings in the countryside were built originally for agricultural or other rural workers are relatively modest in scale and their limited size and their lack of associated domestic clutter allows them to sit unobtrusively in the local landscape. Their size and location also make them a potentially valuable resource for current and future generations who are employed in the countryside and are low wage earners. The aims of this policy are:-

• To protect the distinctive character of local landscape from developments which are out of scale and introduce urban scale and styles of development and,
• To limit loss from the stock of potential affordable homes for local needs

6.55 Accordingly applications for replacement dwellings in the countryside will need to satisfy these key requirements:-

• to show that the existing residential use is established and has not been changed to another use.
• to show why it cannot be brought into use - for example because of the need for substantial works to replace the foundations, flooring and/or structural walls to satisfy current Building Regulations
• to show by a detailed site appraisal, how the proposal has taken account of the established character and "place" of the original dwelling including its countryside setting and the intimate relationship of the building with its surroundings.
• where the proposal does not occupy the footprint of the original dwelling it will need to show how the character of the site and the locality will benefit from re-siting and how it integrates with existing landform and natural features.
• where the replacement building is to be larger than the original in order to provide space commensurate with modern standards, the Council will be guided by minimum space standards set out in the Council’s ‘Partners in Housing’ policy document. The standard total floor-space areas for housing in that document, which are typically around 10% larger than private sector developments, are: -

• proposals should also show how the materials and design reflect the local character by the use of traditional materials

6.56 In all cases the Council will seek to prevent any subsequent increase in size by the removal of Permitted Development Rights.

6.57 In the interests of continuity it is important that any new building attains the same "setting" as the original so, wherever possible, a replacement building must be located on the site of the original with as little disturbance to the surrounding landscape as possible. Where ground or logistical conditions make this impossible or undesirable then it may be possible to negotiate an adjacent or overlapping siting provided adequate compensatory amenity features can be incorporated to improve on the original setting.

Policy H9 - House Extensions in the Countryside

(i) are of a scale that is in proportion with the original,

(ii) would not be detrimental to the character and appearance of the existing building; or

(iii) harm character of the amenity of the surrounding area.

6.59 If that character, which is one of the strengths of the local landscape is to be preserved it is therefore essential that any development should respect that pattern. The Council will resist proposals for the extensions of buildings and ancillary structures, which due to their scale:

• upset the balance between built and natural landscape intensifying the impact of non agricultural uses either individually or cumulatively, and;
• remove the future potential for locally affordable homes for workers employed in the agricultural and forestry sectors.

6.60 In general terms a proposal to extend a dwelling disproportionately is unlikely to retain the particular character and setting of the existing building. Proposals will therefore need to show what measures have been taken to mitigate the impact that would occur, including the impact of the increased domestic paraphernalia particularly in the open countryside.

6.61 Therefore, where extensions consist essentially of additional habitable rooms to provide space commensurate with modern standards, the Council will normally restrict such extensions to a maximum of two additional bedrooms and a reception room.

  Policy H10 - The Conversion of Buildings into Houses in the Small Villages and the Countryside

a) by its distinctive design, the building makes a positive contribution to local character which would not be lost through conversion; and

b) the building is structurally capable of conversion without substantial rebuilding; and

c) evidence is provided to show that the applicant has made every effort to secure a suitable business re-use; or, alternatively,

d) it is for agricultural or forestry use, for affordable housing to meet local needs or for holiday accommodation;

and, in all cases, it complies with the relevant criteria of Policy CP 5 (Design) and other policies of the Plan.

Permission will not be granted for conversion elsewhere in the countryside or where the building is isolated or does not form part o f a group of buildings unless a clear need for the dwelling in connection with a use appropriate to the countryside can be demonstrated .

Such development may be subject to conditions to restrict further extension normally allowed under Permitted Development rights.

6.63 Even where great care and sensitivity have been exercised, conversion of farm buildings of character into dwellings has rarely proved successful. The intrinsic qualities of a farm building, which give it its special appeal, are lost by conversion to residential use. Domestic window and door openings detract from the original simple agricultural proportions. Glazing, garage doors, aerials, u.p.V.c. guttering, etc. introduce uncharacteristic materials and textures which overwhelm and confuse the simplicity of, for example, a brick and pantile farm building. Furthermore, subsequent changes are difficult to control.

6.64 Other elements associated with domestic activity (cars, formal gardens, washing, play equipment etc.) can further confuse the intrinsic character of the building and it’s setting. These are particularly noticeable in the case of isolated farm buildings, old barns, chapels and the like set in open countryside.

6.65 Extra weight will be given to conserving the special qualities of the AONB when judging applications for the re-use or conversion of buildings in the countryside.

6.66 At the same time the Council recognises the opportunity provided by some old farm buildings and other disused buildings in the villages identified in table 1 of Policy CP3 to help meet the demand for housing in rural areas. The Government, in PPG7 (The Countryside and the Rural Economy) clearly states that appropriate opportunities should be taken to reuse or adapt existing rural buildings for commercial, industrial or recreational use in preference to residential use.

6.67 Policy H10 will restrict residential conversions to the circumstances provided for under existing policies, such as for agricultural or forestry purposes except when the applicant provides evidence that the property has been offered, on the open market, for industrial or commercial uses, for a period of not less than one year.

  Policy H11 - Houses in Connection with Countryside Businesses

a) it is essential for the operation of the business; and

b) it can be shown that no suitable alternative accommodation exists nearby and no suitable alternative accommodation can be provided by the conversion of existing buildings on site; and

c) the business is essential in its countryside location; and

d) it has been established as a viable concern for a minimum continuous period of three years, is currently financially sound and is likely to remain so.

Where temporary accommodation is approved planning permission will not be renewed if the business use ceases operation.

In all cases, a planning condition will be attached to the planning permission, or the applicant will be required to enter into a Section 106 Agreement, restricting the occupancy of the dwelling solely to that by the owner or operator of the business.

6.69 Elsewhere in the Plan provision is made for the development of businesses for which a countryside location is essential. This Policy builds on that whilst seeking to ensure that any associated residential use is, in itself, essential and can be tied to the business use for which it was granted. It aims to prevent ad hoc and sporadic permanent residential properties in the countryside on the pretext of supporting a new operation in the countryside and make the two interdependent.

6.70 This is reflected in the requirement for business and residential use to be tied by a Section 106 Agreement so that there is no subsequent separation of the two activities. The occupancy condition in paragraph 6.73 reflects that of PPG7 relating to houses connected to agriculture or forestry. Where appropriate, the Council will prepare a similarly-worded occupancy condition in respect of houses connected to other countryside businesses.

6.71 Any case showing that a business has operated viably for a continuous period of at least three years to justify a permanent house must be supported by evidence that the business can provide a reasonable standard of living for the occupier of the proposed dwelling, whilst not impairing the business ability to meet all the normal outgoings, including the interest on capital invested and the setting aside of monies adequate for reinvestment. A reasonable standard of living shall be based upon gross national average incomes.

6.72 Planning permission for dwellings will only be granted where it can be established that there is a functional need for a worker or workers to be available at all times on the site, and where the financial viability of the Enterprise has been proved. Where there are clear signs that future viability of a new holding or proposed enterprise on an existing holding is likely to be achieved, and the same functional criterion has been satisfied, permission for temporary accommodation may be given for a three year period during which viability is to be proven and established. In both cases, account will be taken of the availability of existing residential accommodation in the locality.

Occupancy Conditions

6.73 The following occupancy condition will be attached to planning permissions for houses in connection with agricultural or forestry:

"The occupancy of the dwelling shall be limited to a person solely or mainly working, or last working, in the locality in agriculture, or in forestry, or a widow or widower of such a person, and to any resident dependants.

An occupancy condition will not normally be removed unless it is clearly shown that the dwelling is, and would remain in the long term, unnecessary for the efficient management of agriculture or forestry and that the dwelling cannot be sold or rented with the occupancy condition attached.

Exceptionally, the occupancy condition may be removed or altered to provide housing for those associated with other rural enterprises.”

6.74 One of the few occasions where residential development in the countryside may be justified is when accommodation is required to allow farm or forestry workers to live at or close to their place of work. Normally, it will be as convenient for them to live in nearby towns or villages but there may be cases where the nature of the farm work makes it essential for one or more farm workers to live at or very close to their work. Any application for farm workers’ dwellings in the countryside must be accompanied by clear evidence of need to be in that location.

6.75 The Council will be guided by the tests in Annex I of PPG7, The Countryside - Environmental Quality and Economic and Social Development, which states that new permanent agricultural dwellings will only be permitted where: -

(a) there is a clearly established existing functional need;

(b) the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement;

(c) the unit and agricultural activity concerned have been established for at least three years, have been profitable for at least one of them, are currently financially sound and have a clear prospect of remaining so;

(d) the functional need could not be fulfilled by another dwelling on the unit, or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned; and

(e) other normal planning requirements, for example on siting and access, are satisfied.

6.76 The Council's approach is more fully explained in its Supplementary Planning Guidance - Agricultural Occupancy (1997). For instance, the need for security is not, in itself, sufficient reason for a dwelling but it may form part of the overall justification. That document also sets out the information the Council will require when application is made to lift an agricultural occupancy condition.

6.77 Planning conditions, which stipulate agricultural occupancy, are essential if houses developed as an exception to Policy CP3 are to remain for that purpose. Agricultural occupancy conditions should not be removed as each approved case results in an extra isolated dwelling which bears no functional relationship with its setting in the countryside. In implementing Policy H12 the Council will not compromise the aim of Policy CP3 to protect the countryside from unrelated built development. Also, houses with such restrictive conditions form an important supply of housing for workers in the countryside at relatively cheap prices. The Council feels that this pool of housing should remain available for those who need it most.

6.78 In applying for the removal of such a condition, therefore, an applicant must show clearly that the house cannot be any longer used in connection with the enterprise or be made available for purchase or rental to other enterprises in the parish or adjoining parishes. In any case, the applicant must provide written evidence that attempts have been made, over a period of twelve months, to sell the house at a value that reflects the restrictive occupancy condition.

  Policy H12  - Sites for Itinerant Households

1) is located within easy reach of all essential services in a key settlement;

2) is not within the AONB, AGLV or CCA;

3) is not within or alongside a SSSI, SNCI or NNR;

4) has easy and direct access to the primary road network;

5) has all necessary infrastructure services available on site;

6) protects the amenities of any nearby properties;

7) is landscaped to visually integrate it into its setting; and

8) does not harm the character or appearance of the countryside.

6.80 Accordingly, accommodation sites for itinerant groups should only be located where they have easy access to existing services –particularly schools and shops – which can usually only be found within or close to the towns and service villages.