13. HOUSING

Introduction

13.1 Chapter 2, “Local Plan Strategy”, examined the broad strategic choices for the location of new housing and other development within the Borough. Adhering to a set of key principles, it sets out a chosen development strategy. This is the essential context for the package of specific housing policies and proposals detailed in this chapter.

13.2 The Local Plan is, however, only one expression of the Council’s housing policies. Thus, this document complements a range of other housing policies, which are set down in the Council’s annually revised “Housing Strategy”. Therefore, these two documents should be read together to obtain the complete picture of housing policy.

13.3 The housing policy areas dealt with in this chapter include:

(i) housing allocation and location strategy;

(ii) meeting different needs;

(iii) housing in the rural area.

13.4 Policies for residential design are to be found in Chapter 6, “Urban Environment and Archaeology”.

Objectives

13.5 These are as follows:

(a) To provide sufficient new housing land within the Borough to meet both local needs and an agreed share of countywide needs between 1996 and 2011;

(b) To ensure that a 5-year supply of land for house-building is always available;

(c) To relate the location and release of new housing land closely to the numbers and locations of jobs and public transport infrastructure;

(d) To ensure that new housing developments are conveniently related to, or served by, appropriate community, retail and indoor and outdoor leisure facilities;

(e) To make maximum use of “brownfield” sites for new housing development in preference to “greenfield” sites. See also “Economy of Land Use”, paragraph 7.22 (b) ;

(f) To encourage the fullest use of the existing housing stock;

(g) To protect and enhance residential amenity;

(h) To provide a range of sites for housing that will cater for a variety of densities, housing types and tenures to meet differing requirements within the population, including the particular needs of the elderly and disabled people;

(i) To restrict new residential development in rural areas outside designated village envelopes;

(j) To promote the provision of low-cost social housing at suitable locations in urban and rural areas for the benefit of those without access to the private housing market.

Policies

DEVELOPMENT CONTROL CONSIDERATIONS

13.6 It is important to note that all policies contained within this chapter must be read alongside the overall Development Control Policy (DC1). This policy sets out the standard planning criteria applicable to all forms of development. The relevant criteria will be used to assess the suitability of any proposal in addition to the following detailed policy guidance.

HOUSING ALLOCATION AND LOCATION STRATEGY

13.7 The adopted Essex and Southend-on-Sea “Replacement Structure Plan” (2001) proposes that Colchester District should find additional land within its area for 11,000 new houses within the period 1996-2011. The greater part of this demand for new homes is generated by people already living within the District (8,200, or 74.5% of total demand).

13.8 In considering how to meet this figure of 11,000 dwellings, in the Second Deposit Draft the Borough Council took into account completions to date, existing commitments as identified in its Housing Land Availability Survey, the production rate for small windfall sites set out in the Structure Plan, and the outcome of the Brownfield Study (undertaken to inform the Structure Plan).

13.9 As at April 2000, this assessment identified a shortfall of 2,600 sites to be found. This “gap” is considerably smaller than that anticipated in October 1996, at the time that the Consultation Draft of the Colchester Borough Local Plan was published. This has meant that the Council has had the opportunity to locate its main housing land allocations at sites that come closest to meeting the key sustainability criteria.

13.10 In this context, the Council formulated a set of ten “organising principles” as a framework for the selection of new housing sites, and subjected all “candidate” sites to a comparative assessment of their suitability for new residential development. The details of this assessment exercise and other matters relating to housing supply and demand can be found in Technical Paper 1.

13.11 In response to the First Deposit Draft, a large number of sites for residential development were proposed by objectors. After an initial sieving process, 39 of these were subjected to a similar comparative assessment, as outlined above. Again, the relevant details are set out in Technical Paper 1.

13.12 The outcomes of these exercises are set out in Table 3 (at the end of this chapter). Broadly speaking, the Council has decided, as previously, to locate the great majority of the extra 2,600 units required at three sites: the Garrison, Turner Village and Severalls Hospital. In addition, there are now seven other sites: at Great Horkesley (land at Tile House Farm), West Mersea (north of East Road), Messing (School Road) and Salcott (Rose Lane), Stanway (Winstree Road), Great Wigborough (School Lane) and Tiptree (Newbridge Road).

13.13 In order that Table 3 can be “read” in the correct way, it needs to be explained that:

(a) sites 1, 2 and 17 can be described as “roll forward” sites in the sense that they are sites that were allocated for new residential development in the Adopted Plan (1/95) but have since all received planning permission;

(b) site 3 is similar to those above, except that work has commenced on Phase 1;

(c) The product of housing allocations, identified in Table 3 on previously developed land and/or urban extensions at sites 4, 5, 6, 7, 8, 16, 18, and 19 would comfortably exceed the shortfall of 2,600 sites identified at paragraph 13.9 above.

13.14 The Council feels that concentration of new allocation sites in Colchester itself makes good sense in terms of the principles of sustainability and the sequential approach outlined in PPG3 (March 2000). For example, all the three major newly allocated sites (4, 5 and 6) can reasonably be described as “brownfield”, which fits in well with the Government’s aim to maximise the amount of new house building on such sites. In fact the Council is already seeking to achieve 60% minimum target. Also, the three sites are all closely located to the densest part of the public transport network.

13.15 This will not mean, however, that undue reliance is placed on achieving (Phase 1) capacities at these three sites by the end of the Plan period. As can clearly be seen from Table 3, there is a broad distribution of proposed sites for new housing around the District (see also Technical Paper 1).

13.16 It can be argued that there are uncertainties attached to the timely coming forward of either “brownfield study” or “windfall” sites during the Plan period. The major sites phased over two plan periods could also produce a greater number of units by 2011. On the other hand, the largest single allocation – Phase 1 of the Garrison – is unlikely to contribute much towards its projected capacity of 1,600 units by the end of this Local Plan’s lifetime during the middle part of the Plan period. In line with the plan, monitor and manage principle set down in PPG3 (March 2000), the overall picture of housing land supply will therefore be continuously and rigorously monitored, and will be subject to a first major review in 2006. If certain key sites do not seem to be coming on stream at an appropriate rate, it will then be necessary for the Council to consider whether to make further allocations. The current Urban Capacity Study will also assist in this monitoring-and-managing process. The Plan, in any case, makes firm provision for a 5-year supply, as required by PPG3.

13.17 The Council commissioned an Urban Capacity Study to assist in its monitoring and managing of the Local Plan’s housing land supply. Although commenced in advance of the former DETRs good practice guide “Tapping The Potential”, it is considered that the study complies generally with that guidance.

13.18 The study has identified a significant additional potential in Colchester and Stanway, Tiptree, West Mersea and Wivenhoe. The Council published the study on receipt in June 2001 without endorsing or rejecting any of the individual sites or their estimated capacities.

13.19 If the total capacity was to come forward, the Council estimate that the consultants have identified a net potential supply of dwellings of 20,300 (although this does include the second phases of the Garrison, Severalls Hospital and Turner Village referred to in Table 3, and anticipated in the period to 2011).

13.20 It is the Council’s preliminary view that not all the sites identified by the consultants will or should be released in the Plan period, particularly when account is taken of current average annual building rates and policies elsewhere in the Local Plan, with which any unallocated windfall would have to comply.

13.21 What appears to be clear, however, is that the study, along with completions to date and allocations in Table 3, has identified sufficient provision to meet the Structure Plan requirements. The Council proposes to continue monitoring housing land releases to ensure that the Structure Plan target will be met.

13.22 In considering whether to release sites identified in the study and not allocated in Table 3, the Council will operate the following principles:

a) None of the major sites identified by the UCS will be released unless they can provide adequate infrastructure and services in the widest sense to meet their own needs and do not exacerbate any deficiencies in the locality;

b) None of the major sites identified will be released if they harm features of importance or where the site is at risk of flooding, create a road safety hazard or similarly be unacceptable to the surrounding area or the potential occupiers of new dwellings (as described in the Local Plan). This will be subject to monitoring and review in light of the build rate and any possible shortfall in relation to the Structure Plan housing target. If a shortfall appears likely, the Council will need to review whether they release sites they currently find unacceptable within the urban areas or whether they will propose (probably through a formal alteration to the Plan) to allow for full public debate and release new “greenfield” sites.

c) The capacity of the major sites will be determined by having regard in particular to access to services and ther availability of public transport (as set out in Policy H13). Whilst not strictly a phasing point, this will influence capacity and hence influence the need for the Council to be pro-active in bringing other sites forward to meet Structure Plan targets.

d) The Council will encourage the early release of sites that support the regeneration policies in the Local Plan. It will do so in particular through the preparation of planning briefs working with a range of partners. As a last resort it may consider invoking compulsory purchase powers. It is likely to use such powers only in the following circumstances:

• Where a site whose development would achieve regeneration objectives cannot proceed because land is needed to provide access or other easement;

• Where a comprehensive scheme cannot proceed because of land- assembly problems, especially if the owners of key parcels cannot be traced;

• Where a site consists of a multiplicity of ownerships and Compulsory Purchase Order resolution is seen as a way of encouraging co-operation;

• Where it is necessary that a site’s development be brought forward more quickly than an owner wishes in order to achieve wider regeneration benefits or in order to meet Structure Plan targets.

MEETING DIFFERENT NEEDS

Specialist Sheltered Accommodation

13.23 The Council recognises that there is a continuing requirement for specialist sheltered accommodation for various vulnerable groups in the community, including the mentally ill, people with disabilities, the elderly and young, single, homeless people. Although a lot more emphasis is nowadays placed on caring for people in the community, such specialist accommodation caters for those in emergency need, those requiring a “halfway house” or those who can live only in the safe and secure environment of a hostel or residential home.

13.24 Such accommodation needs to be well located in relation to a wide range of social, educational, retail and recreational facilities, either placed in close proximity or readily accessible by public transport. In addition, for those of working age, there is a further need for quick access by non-car transport modes to a reasonable range of job opportunities.

13.25 Furthermore, the Council will expect that all proposals for this type of development, whether for new build, building extensions and/or refurbishments, will provide for harmonious integration with surrounding development and comply with the Council’s design, amenity and parking standards.

 

H2 Proposals for the provision of specialist residential accommodation for vulnerable groups in the community, such as the mentally ill, disabled people, the elderly and young, single, homeless people, will be granted planning permission, provided that: (a) there is sufficient amenity open space within the curtilage of the accommodation unit; (b) there is a reasonable range of shops, community, leisure and primary healthcare facilities in close proximity to the proposal site, or readily accessible by public transport; (c) in the case of residents of working age, there is a range of job opportunities reasonably accessible by non-car modes of transport.

Conversion to Flats/Bedsitting Rooms

13.26 The Council recognises that certain needs within the housing market can be best met in the form of the smallest units of accommodation, such as flats and bedsitters. This applies, for example, to single people, young couples on modest incomes and people seeking temporary accommodation. However, the Council is equally conscious that conversion of premises into flats and bedsitters should not:

(a) reduce the stock of smaller houses (below 110 sq m gross), which are an important source of accommodation for first-time buyers and small households, a segment of the housing market expected to increase in size;

(b) prejudice the amenities of adjoining or neighbouring households;

(c) mean a low standard of amenity for those living in flats or bedsitters themselves (eg inadequate size of rooms or amount of natural light);

(d) spoil the character of the buildings which are subject to conversion and alteration.

Affordable housing

13.27 The Council’s Housing Needs Surveys, carried out in 1995 and 2002, have clearly demonstrated a substantial level of severe housing need in the Borough. The 2002 survey was undertaken in accordance with the Department of Transport, Local Government and the Regions (DTLR) publication “Local Housing Needs Assessment: A Guide to Good Practice” (July 2000). The survey identified a backlog of 1,358 households in housing need and some 1,504 households falling into housing need each year. These households cannot afford to purchase or rent suitable properties on the open market.

13.28 In addition, on the supply side, the stock of subsidised housing (Local Authority and Housing Association) has been steadily and markedly reduced owing to the workings of the 1980 and 1996 Housing Acts. Under the former, Local Authority and Housing Association “secure” tenants were given the “right to buy” their properties. Under the latter Act, Housing Association “assured” tenants were given a similar “right to acquire”.

13.29 As an illustration of this trend, Council housing stock has fallen by 382 homes between 1999 and 2001. Meanwhile, housing association stock has increased by just 230 homes in the same time period. Against this background of continuing severe housing needs and the loss of affordable housing, it is clear that there is a major challenge to be faced in providing homes for those households on lower-incomes shut out of the open market. To reduce the backlog of existing housing need by 20% each year and take into account the projected supply of affordable housing, the Housing Needs Survey projects a net affordable housing requirement of 551 units each year.

13.30 The Council accordingly feels that it is fully justified in seeking a significant proportion of “affordable housing” from private-sector housing schemes over certain threshold sizes. The following definitions will apply:

(a) “Affordable housing”: – Defined as housing of an adequate standard that is cheaper than that which is generally available in the local housing market. This can comprise a combination of subsidised rented housing or subsidised low-cost home ownership, including shared ownership and, in some market situations, cheap housing for sale. At the time of adoption of the Plan, affordable housing most certainly does not include cheap housing for sale. However, policy and the market situation will be kept under review either by SPG or updates of the Local Development Framework.

(b) Proportion of affordable housing: – In the circumstances, a proportion of 25% of all housing units in a scheme will be sought.

(c) Minimum sizes of schemes requiring affordable housing: – In line with Circular 6/ 98, the thresholds will be, irrespective of settlement size:

• schemes involving 25 or more houses; or

• sites covering more than 1ha.

13.31 In this context, the Council will wish to conclude S106 Agreements with house-builders or, in certain limited circumstances, impose conditions that will prescribe the mechanisms for providing the affordable housing, and for ensuring such housing remains permanently available in the lower-income groups in the housing market. Full details of current housing needs in Colchester, suitable tenure, location and the delivery of affordable housing is set out in Supplementary Planning Guidance.

13.32 Furthermore, in line with Government advice in PPG3 (March 2000), the Council will also expect that:

(i) any requirement for affordable housing should be implemented at the proposal site rather than at any other site in the Borough;

(ii) within larger new residential developments, affordable housing will not be segregated into discrete areas separated from the market housing element;

(iii) private specialised housing schemes for elderly and disabled people will include the necessary element for affordable housing, except where the economics of provision indicate otherwise.

13.33 The Council is aware that there are also considerable numbers of people in the rural parts of the Borough who are barred from buying their own home because of the level of house prices. The Council is anxious to address this issue, and the 5 key aims behind its policy are:

(a) to ensure that there is a genuine local need for low-cost social housing within the relevant parish or adjoining parishes;

(b) to ensure that the housing so provided is affordable to local people on low incomes, with a view to retaining such people in their villages;

(c) to obtain a guarantee that such social housing will remain permanently accessible to those on lower-incomes. It is recognised, however, that social housing attracting public grant is now covered by the “right to acquire” – ie tenants can purchase their properties;

(d) to make sure that the normal design and other standards applied inside village envelopes to new or replacement housing are respected (as per the “Essex Design Guide” 1997);

(e) to safeguard nature conservation and other rural resource interests.

13.34 In addition to normal development control procedures, the above aims will be achieved by two mechanisms:

(a) The scheme proponents, including the Parish Council, will be expected to demonstrate, through a survey and to the satisfaction of the Council that a proven local need for low-cost rural housing exists;

(b) The scheme proponents will be expected to conclude a S106 Agreement with the Council, which will prescribe the means for providing the social housing and ensure that such housing remains permanently available for those in the housing market on lower-incomes.

13.35 The implementation of this policy will not be allowed as a means of generally undermining the broad policy aim of severely restricting new housing development in the countryside outside existing development limits. Policy H5 is accordingly founded on the principle of “special exceptions”, whereby only proposals for a genuine form of social housing will be accepted for consideration by the Council on sites outside village envelopes.

 

H5 The Borough Council will grant planning permission for low-cost rural housing outside village envelopes if: (a) there is a proven local need and demand for the type of housing proposed; (b) the proponents of the scheme are willing to enter into a Section 106 Agreement with the Council so as to secure the permanent availability of the social housing so provided to people on lower-incomes; (c) the proposed site is contiguous with the existing village envelope, and otherwise generally acceptable in planning terms; (d) the housing design is of an appropriate and satisfactory quality and character in order to reinforce local identity and a sense of place.

Gypsy Caravan Sites

13.36 Accommodation for gypsies is a very significant issue within Essex, as is evidenced by the number of unauthorised encampments, which is one of the highest counts in the country. Equally, Colchester has one of the highest counts in Essex.

13.37 In the national context, the Government repealed the statutory duty of local authorities to provide accommodation in the form of caravan sites for gypsies residing in, or resorting to, their areas under the 1994 Criminal Justice and Public Order Act. However, local authorities continue to have discretionary powers to provide sites under the Caravan Sites and Control of Development Act 1960, although the 1994 Act repealed Government powers to pay grant to authorities for this purpose.

13.38 In general planning terms, Circular 1/94 recognises that suitable sites for gypsies may often be found outside built-up areas, but nevertheless emphasises that sites should not be so located as to damage rural environments and economic resources or to undermine countryside policies – for example, the exclusion of sites in Areas of Outstanding Natural Beauty or in Sites of Special Scientific Interest. Furthermore, the Circular advises that authorities should take into account that gypsies often prefer to run their businesses from where they are living, and therefore either sites should be suitable for mixed residential and business uses or separate sites for either type of use should be identified in close proximity to each other.

13.39 The Circular refers to three different types of site for gypsies: sites for settled occupation; temporary stopping places; and transit sites. It advises that private sites for settled occupation are generally small, accommodating pitches for individual or extended families without on-site business activities. Temporary stopping places and transit sites may also – although not always – be small.

13.40 The Structure Plan advises that there is an urgent need for additional gypsy sites in the County in respect of all three types of site as well as areas for business activities. In terms of suitable locations for gypsy sites, the Structure Plan essentially follows Government guidance.

13.41 In order to meet the accommodation needs of gypsies in the Borough the Council is currently seeking to identify a suitable site to accommodate travelling families. There are additionally a number of small private sites occupied by gypsies in the District. As the need for further gypsy accommodation in the County and within individual Districts requires more consultation among authorities and with gypsy organisations, the policy below outlines criteria for considering proposals for gypsy accommodation in Colchester District.

 

H6 Proposals for the provision of gypsy caravan sites will be resisted if they would: (a) be located in the Dedham Vale Area of Outstanding Natural Beauty, at important sites for nature conservation, in Countryside Conservation Areas, at or near sites of archaeological interest, or where they would obstruct significant vistas in historically important designed landscape; (b) otherwise be prominent in the open countryside; (c) not allow reasonable access to appropriate retail and community facilities, particularly schools, by a variety of transport modes; (d) be harmful to residential amenity; (e) not allow for an adequate level of site screening in a manner in keeping with the character of the surrounding area. In addition, the following requirements will apply: (i) The applicants must be gypsies as defined in the Caravan Sites and Control of Development Act 1960 (as amended by Section 80 of the Criminal Justice and Public Order Act 1994); (ii) There is a demonstrated need in the locality for a caravan site and for the number of pitches proposed; (iii) Commercial, industrial or storage uses on the site may be permitted provided that no harm is caused to the amenities of any residents of adjoining or nearby sites and adequate screening, in character with the surroundings, is provided. Conditions may be imposed to limit the scale of commercial activities on the site in order to minimise the visual impact of non-residential usage; reduce noise, smell or other pollutants; and prevent on-site business activity during anti-social periods of the day, week and year.

RURAL HOUSING

13.42 The Council is determined to follow a very strict policy of resisting further residential development on sites outside the approved development limits of the main urban areas and the villages. This is to safeguard rural resources and the open appearance of the countryside between existing settlements (see also relevant Policies in Chapter 5, “Countryside”). Proposals for residential development on all sites outside of village envelopes will be judged against these and other relevant policies elsewhere in the Plan. The Council will countenance three main types of exception to this general policy guideline:

(i) Where there is a need for affordable housing to meet the requirements of lower- income residents unable to find suitable accommodation within the commercial housing market. This aspect is covered by Policy H5 above;

(ii) Dwellings clearly essential for the purposes of agriculture or forestry. This aspect is further covered under Policy H10 below;

(iii) As a use of “last resort” in the conversion of listed agricultural buildings. This aspect is dealt with in Chapter 6 “Urban Environment and Archaeology” under Policy UEA6.

13.43 In this context, the village envelopes indicate a firm outer boundary for housing development. They have been defined on the basis of the following principles:

(i) To safeguard the form and character of the village;

(ii) To define the main nucleus of the settlement;

(iii) To exclude ribbons or loose scatters of housing which it would be undesirable to consolidate.

Development Within Village Envelopes

13.44 It is clearly acceptable in principle to develop land for housing within village envelopes, but proposals for individual schemes must integrate well into the existing built and natural environments. The criteria in the following Policy address themselves to the most important aspects of this integration process:

(i) Clause (a) relates to a situation where development would lead to the loss of an important gap in the village – for example, one created by a well-treed garden or an old orchard – or would result in the loss of important natural or built features – for instance, a meadow or small block of woodland.

(ii) “Sense of place” in clause (c) means that new development should reinforce the character of a village that derives from the style of existing buildings, and the arrangement of existing buildings and spaces.

 

H7 Proposals for residential development, including replacement dwellings and extensions to existing dwellings, within village envelopes will be permitted provided that development: (a) will not result in the development of a gap, where this would lead to the loss of important natural or built features in the street scene; (b) will not adversely affect the existing pattern and character of development; (c) harmonises with, and reinforces, local distinctiveness and sense of place.

Extensions to Dwellings in the Countryside

13.45 The Council recognises that householders living in the countryside will wish to extend their properties for reasons such as increases in family size, the need to care for elderly parents, to improve internal layouts and space standards and to provide basic amenities. However, in appraising proposals for such extensions, the Council must have regard to the overriding importance of protecting the countryside from inappropriate development, in particular:

(a) to ensure harmonisation of extensions with the existing building and its rural setting;

(b) to avoid the creation of further separate units of accommodation.

In addition to (b) , the Council wishes to retain a balanced mix of dwelling sizes within the stock of existing housing in the countryside and, in particular, to safeguard the smaller types of dwelling for the benefit of lower-income residents.

13.46 Bearing this aim in mind, the Council will seek to limit the size of extensions in the countryside. Generally, extensions should not lead to an increase in internal floorspace, as existing at 4 November 1993, of more than 33¹/₃%, unless an extension since that date was solely for the provision of basic amenities. Calculations for the purpose of the policy shall apply as follows:

(a) Floorspace shall be measured internally and shall apply only to the dwelling itself, including extensions. It will not include separate garages, carports, outbuildings or any other structure within the curtilage;

(b) Basic amenities are defined as bathroom, toilet or kitchen where no such facility previously existed.

The criteria in the Policy would also encompass extensions intended for elderly relatives to live with the family, but with a degree of independence.

 

H8 An extension to a dwelling in the countryside will be permitted only where: (a) it is appropriate in scale, form and detailed design in itself in relation to the existing property and in relation to the surrounding area; and (b) it would have no adverse impact on the rural character of the open countryside by not leading to either an apparent increase in the bulk of the present dwelling when viewed from a public place in relation to the present property or an increase in the height of the present property; and (c) it would not constitute a separate unit of residential accommodation.

Replacement Dwellings in the Countryside

13.47 The Council’s general view is that the main emphasis should be on housing improvement rather than on replacement of existing houses in the countryside. This is particularly so where:

(a) the existing dwelling is of architectural or historic value or otherwise makes a positive contribution to local settlement or countryside character; and

(b) the existing dwelling is capable of renovation and extension.

13.48 Following on from this, the main aims of the policy are to:

(a) limit the amount of new replacement residential build to the minimum possible;

(b) ensure that any replacement dwelling would not be out of scale with the existing dwelling in terms of footprint, floorspace volume or visual massing;

(c) make sure that the replacement dwelling would fit well into its rural setting;

(d) ensure a range of sizes of dwelling for social and visual reasons;

(e) confirm that the building to be demolished has been, and is, a habitable permanent dwelling – eg that it is in a reasonable state of repair and is currently, or was very recently, occupied.

13.49 The Council may require a planning condition that would remove permitted development rights, which would otherwise allow additional habitable floorspace (including the roofspace) or further outbuildings to be built.

The definitions of floorspace and basic amenities set out in paragraph 13.46 will also apply in respect of this policy.

 

H9 The replacement of a habitable permanent dwelling in the countryside will be permitted, provided that: (a) the proposed replacement is acceptable in its setting by virtue of its scale, form, design, siting and materials, and it reinforces the local vernacular style and sense of place; (b) it would, when compared to that of the existing dwelling, have no greater adverse impact on the rural character of the open countryside.

Agricultural/Forestry Workers’ Dwellings

13.50 As stated in paragraph 13.42 above, one main reason for the Council to countenance residential development outside village envelopes in the countryside relates to the need for dwellings essential to agricultural or forestry operations. “Agriculture” is defined in S336 (1), Town and Country Planning Act, 1990. “Forestry” is similarly defined in S1 and S9, Forestry Act, 1967. (Applications for houses in the countryside associated with stables and similar development are dealt with in Chapter 5, “Countryside” – see Policies CO12-CO13.) However, given that the Council wishes to maintain tight controls on new housing in the countryside, it will be vital to scrutinise all applications for planning permission for new agricultural or forestry dwellings in order to establish that:

(i) stated intentions to engage in farming or forestry are genuine;

(ii) these intentions are reasonably likely to materialise;

(iii) they are capable of being sustained for a reasonable period of time;

(iv) the needs of the intended enterprise require one or more of the people engaged in it to live nearby.

13.51 New permanent dwellings will be allowed to support existing agricultural/forestry operations only where:

(a) there is a clearly established existing functional need (eg where animals require essential care at short notice);

(b) this need can be fulfilled only by a full-time worker;

(c) the enterprise concerned has been established for at least three years, has been profitable for at least one year, is currently financially sound, and has a clear prospect of remaining so – ie the financial test of economic viability;

(d) the functional need could not be fulfilled by another suitable and available dwelling at or near the enterprise;

(e) other normal planning requirements – for example, on detailed siting and building design – are met.

13.52 Any dwellings permitted in this regard must be of a size commensurate with the identified functional need. It is the requirements of the enterprise rather than of the occupier that are relevant to determining the size of the dwelling. Furthermore, the proposed siting, design and access to the dwelling must be satisfactory. For example, such a dwelling should be closely related to any existing farm or forestry buildings.

13.53 If a new dwelling is essential to support a new farming/forestry enterprise, whether on a newly created or established holding, the Council will normally permit only some form of temporary accommodation (eg a caravan) during the first 3 years of operation. The criteria to be satisfied in this case will be:

(a) clear evidence of a firm intention and ability to develop the enterprise (eg significant investment in new farm buildings);

(b) the functional and financial tests mentioned in paragraph 13.51 above;

(c) that the functional need cannot be fulfilled by another suitable and available dwelling on or near the holding;

(d) the satisfaction of other normal planning requirements.

13.54 Finally, if the Council accepts the need for a new dwelling to enable farm or forestry workers to live at their workplace, it will want to ensure that such dwellings are kept available only for this purpose. Therefore, any planning permission will be subject to a standard occupancy condition. The Council may also feel it is appropriate in certain cases to impose an occupancy condition on existing dwellings within the same planning unit so that the need for new dwellings is absolutely minimised.

 

H10 Permission for a new agricultural or forestry worker dwelling in the countryside will be granted only where: (a) there is a proven longer-term need, in terms of both a “functional” and “financial” test, for one or more full-time workers to reside at the site of the enterprise concerned; (b) there is no suitable existing available accommodation for such workers at or in close proximity to the holding; (c) the proposed dwelling will be in harmony with its rural setting and in its relationship to other existing farm buildings; (d) the size of the proposed dwelling is closely related to the essential requirements of the agricultural enterprise. Where the enterprise is new or there is inconclusive evidence to support an application for a permanent dwelling, permission will be given for the establishment of a mobile home for a temporary period only. In all cases where such a residential use is permitted, a standard occupancy condition will be attached to the planning permission.

Removal of Occupancy Conditions

13.55 Changes in the scale and character of the farming and forestry industries may well affect the longer-term requirement for dwellings in the countryside where these were made subject to an “agricultural worker occupancy” condition at the time of granting planning permission. In such cases, the Council recognises that it would be wrong to keep such dwellings vacant, or that existing occupiers should be obliged to remain in occupation simply by virtue of a planning condition that has outlived its usefulness. Nevertheless, the Council will expect applicants wishing for the removal of the occupancy condition to demonstrate convincingly that the original need for the dwelling no longer exists.

13.56 Furthermore, the Council will also bear in mind that such dwellings could well be used by agricultural and forestry workers seeking accommodation within the wider surrounding area. In this regard, it will need to be properly assured that the availability of a dwelling tied to an occupancy condition has been effectively marketed to likely interested parties in the area concerned, and that no real interest has been shown regarding purchase or occupation of the dwelling by the local agricultural community.

13.57 In addition, Policy H11 will be applied to applications for removal of occupancy conditions from dwellings associated with stables or similar developments (see also Policy CO13).

 

H11 A proposal for removing a restrictive “agricultural worker occupancy” condition on a dwelling in the countryside will be permitted only if there is: (a) proof that the original need for the dwelling no longer exists; (b) proper evidence that the availability of the property has been publicised to other relevant interests in the area at a price to reflect the occupancy condition, and confirmation of a lack of interest. The condition will not be removed within 10 years of the completion of the dwelling.

Extensions to Gardens in the Countryside

13.58 The Council strives to avoid all unnecessary development in any part of the countryside. However, it recognises that some residents do wish to extend their existing gardens on the edge of the built-up area.

13.59 The Council is willing to consider such garden extensions only if the particular proposal concerned meets the stringent criteria set out in the policy statement below. The optimum kind of proposal would be where, for example, the extension:

(a) would be appropriately screened from the surrounding countryside by tree-planting or other measures;

(b) the extension land would be used as a paddock or for general conservation purposes rather than occupied by sheds and other normal garden structures and fixtures.

13.60 If the Council was minded to grant permission, it would require the applicant to sign a legal agreement to relinquish his/her permitted development rights within the new area of garden to prevent it from being covered by garden structures and fixtures such as sheds and fences.

 

H12 A proposal for extension of a domestic garden into the open countryside will be permitted only if: (a) there is no material adverse impact on the surrounding countryside; (b) it would not mean the material loss of good agricultural land, or otherwise seriously interfere with a neighbouring agricultural enterprise; (c) it would not set a precedent for unacceptable extensions to gardens at one or more neighbouring properties. Applicants will be expected to relinquish their Permitted Development Rights over the new area of garden. It is intended that more detailed advice will be contained within Supplementary Planning Guidance.

HOUSING DENSITY POLICY

13.61 The latest government advice on provision of new land for housing includes two fundamental aims: firstly, the most economic use of land by the general raising of average housing densities; secondly, the highest use of “brownfield” land – a national target of at least 60% of total new capacity – as opposed to use of “greenfield” land (see Glossary). These two objectives are clearly closely intertwined, since the creation of greater capacity on “brownfield” sites through higher densities should logically take development pressure off “greenfield” sites.

13.62 As regards housing density, the Government is concerned that the average for new development in England is currently 25 dwellings per hectare, and that more than half of this is being built at less than 20 units per hectare. It would wish to see average densities raised to between 30 and 50 dwellings per hectare.

13.63 The Council would generally support this range of density for new housing development, but recognises that there needs to be some degree of flexibility, such as:

(a) On larger sites, there could be a greater range of densities to suit different consumer requirements, but where the average would be at least 30 units per hectare;

(b) Where it is more appropriate for the site to be developed at a lower density. This may be on account of landscape considerations (eg the need to conserve sections of woodland) or where any new development should fit in well with existing development (eg on smaller “infill” sites).

13.64 The Council would be supportive of housing schemes proposing densities above the target range (30-50 units per ha) in such circumstances as:

(a) where the proposal site is located close to major public transport modes (including railway stations) or a main public transport corridor, such as a principal radial road;

(b) in an exclusively or partially car-free housing development (see Policy T4);

(c) within the Town Centre.

Class A: Sub-Regional Centres

Sub-Regional Centres are towns of sub-regional importance for employment, professional services, shopping, recreation and education. Their spheres of influence as service centres are usually dominant over at least a 10 to 15 mile radius.

Class B: Local Urban Centres

Local Urban Centres are small towns and “urbanised villages” providing a reasonable range and choice of facilities for shopping and recreation, some professional services, and at least primary and sometimes secondary education facilities. They offer significant local employment opportunities in addition to service industry and agriculture. Their spheres of influence as service centres may extend for several miles.

Class C: Principal Villages

Principal Villages are key villages with facilities for shopping, recreation, primary education and some local employment opportunities in addition to service industry and agriculture. They are generally strategically located on or near main lines of communication to urban centres and well placed to serve neighbouring villages. Their sphere of influence as rural service centres may extend a few miles into the surrounding countryside.

Class D: Small Villages

The majority of small villages have only limited facilities for shopping and recreation, but are sometimes centres for primary education. Local employment opportunities are usually limited to service industry and agriculture for the smallest villages and hamlets, and such opportunities are almost entirely confined to agriculture. Their spheres of influence as rural service centres are usually confined to the immediate vicinity, but extend further afield if the village has a primary school.

Table 3: Proposed Housing Sites

The requirements set out for sites 1 and 2 in respect of transport infrastructure and open space are as contained in the S106 Agreement for application COL/97/0220 and COL/97/0221.