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Examination Clarborough and Welham Neighbourhood Plan Examination Report – Policies Compared

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Clarborough and Welham

Neighbourhood Plan

Your village, your plan, your future

Examination Report – Policies Compared

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ExaminationThe Examination of our Neighbourhood Plan took place from mid-October to mid-November. The report by the Independent Examiner was sent to Bassetlaw District Council and the Steering Group on 24 November 2016.

The Steering Group considered the Report and agreed to the recommended amendments on 2 December 2016.

What is in the ReportThe examiner identified the following amendments, which he recommended. (The wording changes are highlighted in red.)

Page 22: The Principle of Consultation Submission Document Version Examiner Recommended Version

Policies 1 & 3Submission Document Version Examiner Recommended Version

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Key Principle: Pre-application Consultation on Major Development1. Applicants submitting major development

proposals should actively engage in consultation with the Parish Council and with the community as part of the design process at the pre-application stage.

2. In consulting with the Community it will be considered best practice for the applicant to follow the guidelines set out in paragraph 78.

Key Principle: Pre-application Consultation on Major Development1. Applicants submitting major development

proposals are strongly encouraged to actively engage in consultation with the Parish Council and with the community as part of the design process at the pre-application stage.

2. In consulting with the Community it will be considered best practice for the applicant to follow the guidelines set out in paragraph 78.

Steering Group Response – Agree to removal of colouring and text changes.

Policy 1: The development of the Broad Gores site: housing and canal side community facilities1. Development on the Broad Gores site is supported where the proposals demonstrate that:a) it provides in the region of 38 houses; andb) it maximises the tourist potential of the

Chesterfield Canal SSSI ; andc) it does not impact on the significance of the Chesterfield Canal as a Site of Special Scientific

Interest; andd) boundary treatments and aspects are appropriate

to its rural setting; ande) the layout maximises opportunities to integrate

into the village through creating new connections and improving existing ones and which allows for easy, direct movement to and from the village centre and surrounding area, whilst not creating a through route for traffic between the two existing sections of Broad Gores; particularly this should include the provision of a footpath via a green corridor through the site to a foot bridge to access the play park and Village Hall.

Policy 1: The development of the Broad Gores site: housing, open space and canal side community facilities1. The following development is proposed on the

Broad Gores Site in accord with the Indicative Plan (as shown in Map 7) The development of approximately 38 houses on

the eastern part of the site; and The provision of approximately 2 hectares of

open space between the proposed new housing and the Chesterfield Canal SSSI; and

Development to realise the tourist potential of the Chesterfield Canal SSSI, which may include the provision of additional moorings.

2. All development proposals will be required to demonstrate that they do not impact harmfully on the significance of the Chesterfield Canal as a Site of Special Scientific Interest; and

3. Proposals for residential development will be required to demonstrate that

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Submission Document Version Examiner Recommended Version

Policy 1: Continued

2. Schemes that reflect limited style variation or are all of one type of dwelling will not be supported unless the proposal is for a specific housing type to meet local need, for example retirement housing.

Policy 1: Continued

a) boundary treatments and aspects are appropriate to a rural setting;

b) the layout maximises opportunities to integrate into the village through creating new connections and improving existing ones and allows for easy, direct movement to and from the village centre and surrounding area, whilst not creating a through route for traffic between the two existing sections of Broad Gores. This should include the provision of a footpath and a associated footbridge via a green corridor through the site and;

c) The development includes a variation of styles and types to reflect the existing character of the village, except where it includes a group of housing of a particular type to meet local need, for example retirement housing;

d) An area of approximately 2 hectares between the proposed residential development and the

Chesterfield Canal SSSI is made available as public open space.

4. On the area identified for open spacea) New development will not be permitted unless

it is consistent with its predominantly open and undeveloped character;

b) Opportunities to improve public access and recreational use that supports the flow and function of the Chesterfield Canal SSSI will be encouraged;

c) The development of the canal moorings should be part of a comprehensive management plan for this section of the canal.

d) Proposals which conserve, enhance and/or restore the biodiversity of the area will also be encouraged.

The Examiner proposes the amalgamation of Policy 1 and Policy 3 to make a new Policy 1 dealing with the whole of the Broad Gores Site.

There are slight differences in content but nothing considered significant.

----- oOo -----

He also proposes the removal of the term ‘Local Green Space’ throughout the document to be replaced by ‘open space’ as:

LGS is a technical and legal designation in planning terms; He does not consider that the Broad Gores site currently meets the criteria for OGS status; The Parish Council could apply for OGS status when the proposed changes to it are completed.

Steering Group ResponseThis major change is considered an improvement to the Plan.

We were aware that the Local Green Space designation was likely to be altered.

Policy 3: Designating a Local Green Space on the Broad Gores site1. The area identified on Map 7 is designated as a

Local Green Space.

2. So far as is consistent with its predominantly open and undeveloped character, opportunities to improve public access and recreational use that supports the flow and function of the Chesterfield Canal will be encouraged for the benefit of the wider community.

3. The development of the canal moorings should be part of a comprehensive management plan for this section of the canal.

4. Proposals which conserve, enhance and/or restore the biodiversity of the area will also be encouraged.

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- 3 -Policy 2Submission Document Version Examiner Recommended Version

Policy 4Submission Document Version Examiner Recommended Version

Policy 2: Design of Residential Development1. Proposals for residential development will be required to demonstrate that

a) the design has thoroughly considered the local character in terms of street types, building detailing, colours, shapes and materials, landscaping and relationships between public and private spaces; and

b) the development enhances the distinctiveness and quality of the village.

2. For major development, applicants will be required to produce a report to demonstrate that their scheme accords with national design standards (BFL 12 or equivalent). A suitably qualified independent assessor should produce the report.

Policy 2: Design of Residential Development1. Proposals for residential development will be

required to demonstrate thatc) the design has thoroughly considered the local

character in terms of street types, building detailing, colours, shapes and materials, landscaping and relationships between public and private spaces; and

d) the development enhances the distinctiveness and quality of the village.

2. For major development, applicants will be required to produce a report to demonstrate that their scheme accords with the Building For Life 12 standards. Schemes will be expected to meet industry standards of no red scores and 9 green scores unless it can be demonstrated that this cannot be achieved for reasons of viability or the specific characteristics of the site.

Policy 4: Housing Type1. Planning applications for housing are required to

deliver a housing mix that reflects the demonstrable need for two bedroom and a limited number of 4+ bedroom market dwellings.

2. Developers should show how the Parish need has been taken into account in the different house types and bedroom numbers proposed.

Policy 3: Housing Type1. Planning applications for housing are required to

deliver a housing mix that reflects the demonstrable need for smaller dwellings, particularly two bedroom, and a limited number of 4+ bedroom market dwellings.

2. Developers should show how the most up to date published assessments of housing need at either district or local level have been taken into account in the housing mix proposed.

Steering Group ResponseWith the removal of Policy 3 this becomes new Policy 3.

This wording change is accepted.

Steering Group ResponseThis wording change is accepted. It is more specific than the original text.

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- 4 -Policy 5Submission Document Version Examiner Recommended Version

Policy 6Submission Document Version Examiner Recommended Version

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Policy 5: Infill Development1. 1. Applications for residential development on

infill and redevelopment sites will only be supported where the proposals are of a high design quality and where such development meets the following

criteria:a) Fills a small restricted gap in an existing

frontage or on other sites within the built up area of the village where the site is closely surrounded by buildings; and

b) It is in keeping with the character of the area particularly in relation to historic

development patterns and building plot size.

2. Proposals that include smaller dwellings to meet local need on infill sites that are within safe

Policy 4: Infill Development1. 1. Applications for residential development on

infill and redevelopment sites in Clarborough & Welham will only be supported where the proposals are of a high design quality and where such development meets the following criteria:a) Fills a small restricted gap in an existing

frontage or on other sites within the built up area of the village where the site is closelysurrounded by buildings; and

b) It is in keeping with the character of the area particularly in relation to historic development patterns and building plot size.

2. Proposals that include smaller dwellings to meet local need on infill sites that are within safe walking distance of local amenities will be encouraged.

Steering Group ResponseWith the removal of Policy 3 this becomes new Policy 4.

This change clarifies the position and is what it was intended the Policy should include.

Policy 6: Reducing the Risk of Flooding1. Development within Clarborough and Welham will

be supported where it can be demonstrated that the scheme will not have a detrimental impact on surface water run-off and sewage discharge networks in the village.

2. Development in flood sensitive areas and those which feed into flood sensitive areas will be designed and constructed to reduce the overall level of flood risk on the site compared to current use.

3. The development proposed should be self-sufficient through the incorporation of Sustainable Urban Drainage Systems.

4. Development will only be permitted where it does not result in the loss of an open watercourse.

5. Development which utilises permeable surfacing will be encouraged.

Policy 5: Reducing the Risk of Flooding1. Development, which is consistent with other

Development Plan policies, within Clarborough and Welham will be supported where it can be demonstrated that the scheme will not have a detrimental impact on surface water run-off and sewage discharge networks in the village.

2. Development in flood sensitive areas and those which feed into flood sensitive areas will be designed and constructed to prevent any increase in the level of flood risk on the site.

3 The development proposed should be self-sufficient through the incorporation of Sustainable Urban Drainage Systems.

4. Development will only be permitted where it does not result in the loss of an open watercourse.

5. Development which utilises permeable surfacing will be encouraged.

Steering Group ResponseWith the removal of Policy 3 this becomes new Policy 5.

We accept this change.

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Policy 7Submission Document Version Examiner Recommended Version

Policy 8Submission Document Version Examiner Recommended Version

Policy 7: Improve Green Infrastructure andthe Natural Environment1. All development outside the development

boundary which is directly related to improving or extending cycling, walking or bridleways will be permitted where the proposals:a) do not detract from the landscape character or

ecological value as defined in the most recent Landscape Character Assessment Study; and

b) are for enhancing, understanding or protecting the biodiversity; and

c) for improving access to the local wildlife sites as identified on Map 11, page 60.

2. Proposals that create cycling and walking routes to Clarborough Tunnel and the Chesterfield Canal SSSI will be particularly encouraged.

3. Where applicable, development proposals will be expected to demonstrate how they protect and enhance existing green infrastructure assets affected by the development and show the opportunities taken to improve linkages both to existing and new green infrastructure assets and to residential areas.

Policy 6: Improve Green Infrastructure and the Natural Environment1. All development outside the development

boundary which is directly related to improving or extending cycling, walking or bridleways will be permitted where the proposals:a) do not detract from the landscape character or

ecological value as defined in the most recent Landscape Character Assessment Study; and

b) are for enhancing, understanding or protecting the biodiversity;

c) for improving access to the local wildlife sites as identified on Map 11, page 61; and

d) Are consistent with other Development Plan policies.

2. Proposals that create cycling and walking routes to Clarborough Tunnel and the Chesterfield Canal SSSI will be particularly encouraged.

3. Where applicable, development proposals will be expected to demonstrate how they protect and enhance existing green infrastructure assets affected by the development and show the opportunities taken to improve linkages both to existing and new green infrastructure assets and to residential areas.

Steering Group ResponseWith the removal of Policy 7 this becomes new Policy 6.

We accept this change.

Policy 8: Supporting Local Businesses

1. This Plan supports the need for well sited development where the scale, design and operation is appropriate to its location and is compatible with surrounding uses. It may be that the only suitable location for employment uses (B1 or B2) is by re using farm buildings. So long as it can be shown that there would not be any unacceptable environmental impacts (or that adverse impacts can be overcome via good design for example) such proposals should be supported.

Policy 7: Supporting Local Businesses1 The conversion of redundant farm buildings to

employment uses will be supported where:a) There would not be any unacceptable

environmental impacts that could not be overcome;

b) The structural integrity of the original farm building is retained.

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Submission Document Version Examiner Recommended Version

Policy 9Submission Document Version Examiner Recommended Version

Policy 8: Continued

2. Proposals for the development of employment uses will be supported where the scheme meets the following criteria:a) the new floor space created is less then 1,000

square metres or the site area does not exceed 0.5 hectares; and

b) development is principally for B1 or B2 use; and

c) the scale, design and form is in keeping with its surroundings;

d) the nature of the operation does not affect the amenity of the surrounding area; and

e) it will not create or exacerbate environmental or highway safety problems; and

f) the site is within or adjoining the existing development boundary of Clarborough or Welham.

Policy 7: Continued

2.Proposals for the development of employment uses will be supported where the scheme meets the following criteria:

a) development is principally for B1 or B2 use; and

b) the scale, design and form is in keeping with its surroundings;

c) the nature of the operation does not affect the amenity of the surrounding area; and

d) it will not create or exacerbate environmental or highway safety problems; and

e) the site is within or adjoining the existing development boundary of Clarborough or the built-up area of Welham.

Steering Group ResponseWith the removal of Policy 3 this becomes new Policy 8.

We accept this change.

Policy 9: Better Broadband1. All new development should demonstrate how it

will contribute to, and should be compatible with, current digital connectivity where practicable.

2. Proposals that provide access to superfast broadband to serve properties and business developments in the Parish will be supported.

3. Residential developments should provide the necessary means for residents to access the superfast broadband network.

Policy 8: Better Broadband1. All new development should demonstrate how it

will contribute to, and should be compatible with, current digital connectivity where practicable.

2. Proposals that provide access to superfast broadband to serve properties and business developments in the Parish will be supported.

3. Where there is no current access to the superfast broadband network, residential developments should be designed to facilitate connection when it is made available.

Steering Group ResponseWith the removal of Policy 3 this becomes new Policy 7.

We accept this change.

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- 7 -Policy 10Submission Document Version Examiner Recommended Version

Other changes

As a result of the amalgamation of Policy 1 and Policy 3 there were some major changes in the “Justification” text with paragraphs 121 to 134 being moved to before the new Policy 1 to form paragraphs 111 to 122.

The change of designation of the non-housing land to ‘open space’ from ‘Local Green Space’ has required the replacement of this term throughout the document.

There are a number of other smaller alterations in the supporting text, which need to take place as a result of the Policy text changes.

The full Examination Report can be seen on the website at:

clawenp.btck,co,uk/examinationreport

The full, new, Referendum Version of the Neighbourhood Development Plan 2016 – 20131 can be seen on the website at

clawenp.btck,co,uk/referendum

Printed copies of this document, the Examination Report and the new Referendum Version of the Plan can also be seen at

Clarborough Village Hall

on the Parish Council notice board immediately to the left of the entrance.

Please do not remove these documents from the Village Hall.

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Policy 10: Tourism Development1. Development will be particularly encouraged

where it enhances the offer of tourist facilities by:

a) extending the offer of accommodation for visitors or

b) providing facilities to inform and interpret the Plan area

Policy 9: Promoting Tourism1. Development will be particularly encouraged

where it enhances the offer of tourist facilities by:

a) extending the offer of accommodation for visitors or

b) providing facilities which provide information on and interpret the Plan area.

Steering Group ResponseWith the removal of Policy 3 this becomes new Policy 9.

We agree with this change.