Regulation 19 - Proposed Draft Local Plan Submission

Policy AP01: Development in Settlements Comment

1. Our settlement hierarchy, as established in Policy DS01, comprises the following settlements:

2. In addition to the Site Allocations identified in Policy SA01, development will be permitted within the existing built-up area (including within 'settlement limits' where these are established in Neighbourhood Plans) of settlements identified in Tiers 1 to 5 in the settlement hierarchy where it:
   1. is a development for residential, business or community uses;
   2. is of a scale and form that reflects (i) the size of the settlement concerned and (ii) the level of service provision within that settlement; and
   3. respects the form and character of the existing settlement and, as far as possible, retains existing natural boundaries within and around the settlement, particularly trees, hedges and watercourses.
3. In addition to the Site Allocations identified in Policy SA01, development will be permitted on land adjoining the existing built-up areas of settlements identified in Tiers 1 to 5 in the settlement hierarchy where it meets the requirements set out in 2 (a) to (c) of this policy and at least one of the following requirements:
   1. Meets local housing need as evidenced through a Neighbourhood Plan;
   2. Provides housing necessary to contribute to meeting the specific targets for housing in Small Villages established in Policy DS01 part 2(e), taking into account completions and commitments (where there is no residual minimum housing requirement due to completions and commitments, only minor additional residential development will be supported);
   3. Comprises the type of rural residential development specifically allowed for in Policy AP03;
   4. Comprises the type of rural business development specifically allowed for in Policy AP04;
   5. Comprises no more than 4 dwellings which meet a local need for housing of a particular type, including small dwellings for the elderly, providing this has been evidenced through a rural housing needs survey; or
   6. Relates to a settlement in Tiers 1 – 4 of the settlement hierarchy and is necessary to meet strategic housing need established in Policy DS01 where net homes delivered against the number of homes required, falls below 85% in the previous three-year period.
4. For the purpose of this policy, land adjoining the existing built-up area (the 'settlement limits' where these are established in Neighbourhood Plans) is intended to reflect the existing built-up area and specifically excludes each of the following, land:
   1. identified as an Area of Separation or Green Wedge as shown on the Policies Map;
   2. already covered by Site Allocations identified in Policy SA01 and shown on the Policies Map; and
   3. subject to planning permissions, but not yet completed.

Policy AP02: Development in Town, District and Local Centres Comment Market Harborough Primary Shopping Area (1) Broughton Astley (2) Kibworth (3) Fleckney (4) Great Glen (5) Market Harborough (6) Lutterworth (7)

1. Development for retail, leisure or other main town centre development will be permitted in these centres where:
   1. Its scale and design reflect the size, role, and function of the centres;
   2. it preserves or enhances the unique local character and distinctiveness of the historic environment in these centres;
   3. it does not harm the vitality of a Town, District or Local Centre, such as by leading to a concentration of non-Main Town Centre uses in a shopping frontage, taking account of the concentration and proximity of existing such uses in the immediate area; and
   4. active frontages are maintained or included at ground level.
2. In the Market Harborough Primary Shopping Area, proposals that require planning permission, which would result in the loss of retail floorspace at ground floor level, will only be permitted where:
   1. it can be demonstrated that they widen the range of main town centre uses and support activity throughout the day and into the evening;
   2. there is provision of an active frontage at ground floor level that is in line with the design of the building, the street scene and its setting;
   3. there is evidence of active marketing of the facility for a Main Town Centre Use (in Use Class E) at ground floor level for a period of 12 months and for a Main Town Centre Use (in Use Class E, Sui Generis and Class F uses) in other parts of the building; and
   4. it would result in amenity or environmental benefits to the adjacent uses or area.
3. A Retail Impact Assessment will be required for retail and leisure development, including extensions of:
   1. 500 square metres (gross) or more in Market Harborough and Lutterworth, or any lower threshold defined in a Neighbourhood Plan elsewhere.
4. A sequential test applies to development for all main town centre uses (including office uses, except on sites allocated in Policy SA01) which are not located within a defined centre. This should demonstrate how the proposal has been located, in order of priority:
   1. within the Centre most appropriate to its scale and function;
   2. on the edge of one of the centres most appropriate to its scale and function, and
   3. only outside defined town centres if it is demonstrated that the development, with flexibility in form and scale, cannot be accommodated within a centre or edge of centre location or where the proposed use is small scale, below 200 sqm gross, and the market and locational requirement has been robustly justified.
5. The area of search for sequential sites in relevant centres described under 4 above will depend on the scale, nature, location and catchment area likely to be served by the proposal and require robust justification from the applicant.

Policy AP03: Development in the Countryside (Residential) Comment Great Glen – Stretton Hall (1) Magna Park – Ullesthorpe (2) Great Bowden / Market Harborough (3) Bitteswell / Lutterworth and Magna Park (4) Great Bowden / Market Harborough (5) Great Bowden / Market Harborough (6) Thurnby / Leicester / Oadby Green Wedge (7) Leicester / Scraptoft Green Wedge (8) Leicester / Scraptoft Green Wedge (9)

1. New development in the countryside, excluding in Green Wedges and Areas of Separation, will be permitted for:
   1. Residential development, where it:
      1. comprises affordable housing on small sites in rural areas that would not normally be permitted for housing as rural exception sites that meets local need as evidenced by a rural needs survey or Neighbourhood Plan where the housing remains affordable in perpetuity and with any market housing at a level that is demonstrably required to enable delivery and is capped at 20% of the dwellings proposed, the exact percentage being determined by the viability of each scheme; or
      2. comprises the subdivision of an existing residential dwelling or would re-use a redundant or disused rural building for housing and would enhance its immediate setting.
   2. Development of accommodation for full-time worker(s) directly related to agricultural, forestry and equine businesses in the countryside where it can be demonstrated that:
      1. the business is financially viable and has been operating for at least 3 years, has been profitable for at least one of them, and has a clear prospect of remaining financially viable;
      2. there is clear evidence of the need for a full time worker that is directly related to the commercial enterprise or operation concerned that cannot be met elsewhere;
      3. there are no available dwellings, or buildings that are suitable for conversion to dwellings, that have recently been sold separately from the rural business unit which could address the need;
      4. the location and size of dwelling is aligned with the functional need of the business and well-related to any existing farm buildings, dwellings or other buildings linked to the commercial enterprise or operation concerned; and
      5. it will be kept available to meet the functional need in perpetuity through being subject to an appropriate occupancy condition.
2. Within Areas of Separation, development will only be permitted where this does not compromise, either alone or in conjunction with other existing or permitted development, the effectiveness of the Area of Separation in protecting the identity and distinctiveness of these settlements and supports the strategic objectives in Policy DS04
3. Within Green Wedges, development will be limited in respect of residential development to 1(b) above in line with strategic objectives in Policy DS04.

Policy AP04: Development in the Countryside (Commercial/ Non-Residential) Comment

1. Development in the countryside, excluding in Green Wedges and Areas of Separation, will be permitted for:
   1. agriculture, horticulture, woodland management, equestrian uses; or other similar uses appropriate to a rural area;
   2. outdoor sport and recreation and ancillary buildings, including school playing fields;
   3. burial grounds;
   4. rural services enterprises including local food initiatives, farm shops and small-scale food and drink processing;
   5. replacements and extensions to existing buildings where subordinate in scale and appearance to the existing building or other development extensions to an existing enterprise, facility or operation that is compatible with its setting in the countryside;
   6. minerals and waste development;
   7. renewable energy production;
   8. the conversion or re-use of permanent and substantial buildings, including proposals for the optimum viable use of a heritage asset; and
   9. tourist attractions and facilities will also be permitted where these respect the character of the countryside, and:
      1. are in locations accessible by a choice of means of transport and provide appropriate facilities for pedestrians and cyclists; or
      2. support the promotion and management of Foxton Locks and the Grand Union Canal as tourism and leisure attractions.
2. Within Areas of Separation, development will only be permittedwhere this does not compromise, either alone or in conjunction with other permitted development, the effectiveness of the Area of Separation in protecting the identity and distinctiveness of these settlements and supports the strategic objectives in Policy DS04.
3. Within Green Wedges, development will be limited to 1(a), 1(b) and 1(c) where this supports the strategic objectives in Policy DS04 and:
   1. it retains the open and undeveloped character of the Green Wedge;
   2. retains or creates additional green networks between the countryside and open space within the urban areas and benefits biodiversity;
   3. it retains or enhances public access to the Green Wedge, especially for recreation; and
   4. where any built development is small scale and necessary to the operational requirements of the activity.

Policy AP05: Locating Renewable and Low-Carbon Energy Development Comment

1. Development for renewable and low-carbon energy generation and associated infrastructure will be permitted where:
   1. Measures are included to mitigate any adverse impacts on the built and natural environment resulting from the construction, operation, and decommissioning of any equipment or associated infrastructure;
   2. The development does not contribute to an unacceptable cumulative visual impact when considered in conjunction with nearby developments and permitted proposals within the District or adjoining local authority areas; and
   3. Adequate conditions are imposed, and/or a legal agreement is entered into, ensuring that once the use ceases operating permanently, it is fully decommissioned and the site appropriately restored.