Meeting documents

ANNEX 2

The Bath & North East Somerset Local Plan Deposit Draft 2002

Summary of Contents and Main Proposed Changes to each Chapter of the Written Statement

This Annex sets out for every chapter of the Local Plan the following:

1) The approximate number of representations

2) Summary of content of the Deposit Draft Local Plan;

3) Summary of the main proposed changes to be incorporated into the Revised Local Plan. All references to policies and paragraph numbers in the text are to those in the Local Plan Written Statement Revised Deposit Draft (see Annex 4 of report). References to the `reasoned justification' refer to the text in the Written Statement which justifies the policies and proposals.

SECTION A - OVERALL STRATEGY

Chapter A1 - Introduction (12 representations)

Deposit Draft Content

A1.1 This part of the reasoned justification explains why the Local Plan is being prepared and how all those with an interest in the future development of the area can influence the content of the Plan. It gives a brief description of the area.

Proposed Changes

A1.2 The proposed changes update the progress made on the Plan's preparation and timetable.

Chapter A2 - The Policy Context (23 representations)

Deposit Draft Content

A2.1 This sets out the national and local objectives for sustainable development and the role of the Regional Plan, Structure Plan and the Council's Local Transport Plan in influencing the Local Plan.

Proposed Changes

A2.2 The Local Government Act 2000 requires the Council to prepare a Community Strategy which will influence all other Council strategies and plans. This is now given greater emphasis in the policy context (para A2.5A). Also the adoption of Joint Replacement Structure is affirmed in para A2.12. The Local Plan needs to be in general conformity with its policies.

Chapter A3 - Vision & Strategy (111 representations)

Deposit Draft Content

A3.1 This section of the Local Plan is perhaps the most important setting out in detail the Council's Local Agenda 21 Vision for the District, establishing the overriding objective of seeking `Balanced Communities' and setting out detailed land use objectives to provide the context for the Plan's policies. Policy 1 sets the scene for all development to meet sustainability criteria and the overall strategy sets out the spatial strategy for development throughout the District (see paras 5.1-5.4 of main report).

Proposed Changes

A3.2 The Sustainable Development Policy 1 is proposed to be strengthened by including an emphasis on brownfield development (para. A3.15). However, the most significant change is to the strategy for Keynsham where proposals to accommodate new housing, associated social infrastructure and employment in south west Keynsham are deleted. The strategy now focuses on improving employment opportunities at the Cadbury's Somerdale site, and the new shopping facilities at St. John's Court (para A3.18). There were over 700 objections relating to the proposals at south west Keynsham.

Chapter A4 - Implementation (118 representations)

Deposit Draft Content

A4.1 Implementation of the Plan's policies is afforded particular attention and this chapter explains how the development control process should deliver the strategy of the Plan and how use of planning conditions and obligations will ensure provision of community objectives for transport improvements, affordable housing, community, recreational and educational facilities and environmental enhancement. It explains the role of supplementary planning guidance in elaborating Local Plan policies and makes it clear that the Plan should not be seen as a rigid set of rules that form the basis for decision making. Material considerations relevant to individual planning applications will always be a consideration. The Plan will also need to be reviewed and updated at least every 5 years. It also explains the many projects initiated by the Council which will, or already are, contributing to meeting the Council's planning objectives e.g. Western Riverside, Southgate, and Radstock Railway Land Regeneration. This part of the Plan also sets out key indicators and targets by which the Plan can be monitored.

Proposed Changes

A4.2 This section of the Plan is subject to minor updating and amendment in response to representations. Despite many objections Policy IMP.1, on seeking section 106 agreements, is considered to be a cornerstone in the Council's approach in ensuring that development makes provision for social, economic or environmental needs generated by the proposal and necessary for it go to ahead.

A4.3 Reference to the Western Riverside major regeneration project is updated in response to representations recognising that the Council is working with a Master Developer Partner (para A4.26). The importance of the Bath Spa project is also introduced into this section.

Chapter A5 - Design (104 representations)

Deposit Draft

A5.1 The aim of this section of the Plan is to ensure that we make better places and improve existing places. It stresses the need for high quality development which benefits the area in which it is located. The policies cover the fundamental design principles that need to be taken into account. However, it is more than just about the visual appearance of buildings and should include the broader aspects of design such as landscape, ecological and other environmental issues, how a site is organised, for example in terms of traffic, access and mix of uses. All these aspects are part of a much broader and inclusive view of design known as `Urban Design'.

A5.2 This section of Local Plan will influence all development proposals for the District and its comprehensive policy framework is aimed at radically improving not just the design of individual buildings but how development relates to the surrounding area - urban design.

Proposed Changes

A5.3 A key issue emerging from representations relates to the reference to contemporary or innovative design being more appropriate than historical pastiche. Proposed rewording in paras A5.20 and A5.69 now aims to ensure that visual appearance of new buildings responds appropriately to their surroundings to ensure the valued character of the District is respected, whilst enabling the use of high quality innovative solutions.

A5.4 A new section on design and sustainable development is introduced in response to representations and a new Quick Guide 4B lists a range of sustainable development criteria which should form be taken into account in the design of all development proposals.

SECTION B - LIVING & WORKING

Chapter B1 - Settlement Classification (47 representations)

Deposit Draft Content

B1.1 This chapter sets the context for other policies in the following chapters on location of development. It sets out a classification of settlements according to the level of accessibility to a range of services, facilities and employment and the impact development would have on character, setting, the historic environment and biodiversity. Many representations seek reclassification of settlements but no changes are proposed to Policy SC.1.

Chapter B2 - Economy, Tourism & Agriculture (108 representations)

Deposit Draft Content

B2.1 In order to help retain a prosperous and buoyant economy and low overall unemployment rates the Local Plan needs to ensure that there is adequate land to meet changing economic priorities and to attract new businesses to the area. The thirteen policies in this chapter therefore aim to ensure that:

· the economic role of Bath as a major business and employment centre is retained and enhanced;

· sufficient employment land is available in the Norton-Radstock area to enable regeneration and in Keynsham to provide greater opportunities for residents to work locally;

· there are sufficient employment opportunities in rural areas to sustain and enhance economic vitality; and

· land is available and well-located to encourage regeneration.

Proposed Changes

B2.2 Policy ET.1 on safeguarding employment land has proved most controversial in this chapter. Many comments seek greater emphasis on re-use of employment land for other uses but officers have been concerned that the growing pressures for such development could undermine the District's ability to maintain high and stable levels of economic growth. These pressures have resulted in a number of high profile planning appeals, most notably Horstmann Timers, CIC Ralphs, Devonshire Buildings, Hygate Gears, Brook House, and Gay Street - all in Bath.

B2.3 In this context a Business Location Requirements Study was commissioned to forecast future employment needs and the types of sites best suited to meet the need.

B2.4 Taking account of projected increase in the need for office accommodation and the continuing decline in the industrial sector a new planning policy framework is proposed which gives greater flexibility but seeks to retain core employment areas and sites as follows:

B2.5 In response to representations seeking redevelopment of existing employment uses for housing at Coomb End, Radstock a new Policy ET.3A is proposed which designates the area for regeneration where development of existing employment sites to other uses will be permitted where it makes a significant contribution to improving the environmental and highway problems which exist (see amendments to the Proposals Map Inset 19 Norton-Radstock and Environs and Inset 19b Radstock in Annex 5). Policy ET.12 on visitor accommodation is also proposed to be amended and in addition to allowing for development within and adjoining the main urban areas now enables small scale purpose built visitor accommodation within, and in some cases, adjoining defined villages.

B2.6 A new employment site is allocated west of Midsomer Norton Enterprise Park in response to representations.

Chapter B3 - Community Facilities & Services (117 representations)

Deposit Draft Content

B3.1 One of the key principles of sustainable development is to meet the present and future social needs and aspirations of local communities through providing opportunities for and access to community services and facilities.

B3.2 Government guidance advises that planning proposals should aim to serve all sections of the community. The provision of community facilities and services are therefore vital to the social well being of the community.

B3.3 This chapter deals with the land use implications of community and service provision in Bath and North East Somerset and sets out policies that seek to meet the needs of local communities.

B3.4 Policies include those on the protection and provision of buildings used for community purposes; land for education; contributions from new development toward community facilities; public houses; allotments; and cemeteries.

Proposed Changes

B3.5 The main change to this section is rearrangement of the text to make the chapter easier to follow and understand.

B3.6 Various health care organisations objected to Policy CF.1 (safeguarding community facilities) stating that it should not apply to development and/or redevelopment of their sites e.g. hospitals as it may be both necessary to improve healthcare and to meet Government guidelines. However, the policy allows for redevelopment which results in the provision of alternative facilities of equivalent community benefit and such sites may also be able to contribute to meeting some local community needs. No change is proposed.

B3.7 There are many representations objecting to the allocation of a primary school at the Lymore Avenue playing fields, Bath but this site is retained (policy CF.5 in the Revised Plan). In response to representations relating to the allocation of land for a school extension adjoining Freshford Primary School this is amended to a reservation for a school playing field.

B3.8 In response to a representation regarding the future of the University of Bath the need for further expansion is recognised. It is therefore proposed to allocate land at Claverton Down under policy GDS.1 site B11 for expansion of the University and related uses on land currently in the Green Belt (see amendments to the Proposals Map Inset 31 Bath City and Environs in Annex 5). Paragraph B3.54A of the revised Written statement makes reference to the proposal. At Bath Spa University the continuing designation of the site as a Major Existing Development allows for opportunities for improvement of facilities at the existing site. Student accommodation issues are covered under chapter B7 below.

B3.9 Policy CF.8 on allotments is strengthened in response to representations, only allowing their development for other uses where the importance of a development outweighs the community value of the site as an allotment. Even in these circumstances the provision of suitable replacement allotments must be made. Representations seeking additional allocations of allotments at this stage cannot be met prior to the completion of the forthcoming `open spaces study' to be carried out by the Parks Department.

B3.10 Within the representations was included a petition supporting the primary school allocation at Stanton Drew (Policy CF.3).

Chapter B4 - Sport & Recreation (272 representations)

Deposit Draft Content

B4.1 Sport and recreation play an important role in helping ensure a healthy lifestyle and improving the quality of life as well as having a valuable social and economic role. Providing opportunities for a wide range of leisure activities for everyone, including equality of access, in locations best placed to serve the community is therefore of key importance.

B4.2 The twelve policies in the Local Plan cover a wide range of issues including protection and provision of playing fields and other recreational open space recreational facilities with new development, commercial leisure uses, a policy enabling the development of a sports stadium in Bath, and policies on recreational routes and water recreational activities.

Proposed Changes

B4.3 A playing pitch assessment for Bath & North East Somerset and new Government planning guidance in PPG17 have influenced the policy framework and have led to a number of proposed amendments.

B4.4 The Local Plan sets out the results of the assessment and amended Policy SR.1 continues to safeguard all playing fields unless specific criteria are met. There was considerable support for the protection of the school playing fields at Beechen Cliff School whilst others sought the deletion of safeguarding policies at the Stothert and Pitt recreation ground at Newbridge and the St Martins Hospital site cricket pitch.

B4.5 The protection of land used for informal recreation is subject of a new Policy SR.1B whilst the reasoned justification to Policy SR.2 on allocation of land for sport and recreation is updated to reflect the findings of the playing pitch assessment.

B4.6 In response to representations the proposal for children's play facilities at Waterford Park (Policy SR.2) is deleted but reinstated in the Community Facilities and Services Chapter for general community facilities (Policy CF.4).

B4.7 Policy 3 on provision of children's playing space in new residential development is simplified by incorporating the standard into the policy and clarifying that on development sites too small to justify full provision contributions toward off-site provision or enhancement of existing playing space will be sought.

B4.8 For Policy SR.6, on provision of other recreational facilities to meet the needs of new development, the playing pitch assessment has provided the data for a local standard for outdoor and indoor sports provision and this is incorporated.

B4.9 Commercial Leisure Development is the subject of Policy SR.7 and is amended to better reflect the sequential approach which gives preference to central area development.

B4.10 The policy on safeguarding recreational routes, such as long distance footpaths and disused railway lines, is amended by deleting the latter and safeguarding them as sustainable transport routes under Policy T.9, recognising their scope for wider sustainable transport uses. There were many representations seeking the deletion of the Policy protecting the route of the Riverside Walk between Pulteney and Cleveland bridges (SR.9 route 9) but no change is proposed.

Chapter B5 - Shopping (60 representations)

Deposit Draft Content

B5.1 The chapter on shopping aims to provide for choice and diversity in shopping, and ensure that it is accessible to all, especially those without a car. Policies focus on retaining Bath's city centre role as a destination of regional importance, seeking to retain its vitality and viability together with that of the town centres of Keynsham, Midsomer Norton and the many District and Village centres.

B5.2 Policies resist development outside these centres which would have adverse impact on them and allow for new shopping development allocations at Southgate, Bath and at Keynsham.

Proposed Changes

B5.3 Here the most significant policy change in response to representations is the redesignation of Radstock District Centre as a town centre under Policy S.1. This will allow more scope for improved shopping facilities in the centre, aiding key regeneration objectives for the town. Walcot Street is added as a District centre in response to representations.

B5.4 A proposed amendment to Policy S.7 on the siting of tables and chairs outside public houses and cafés will mean the policy also now applies to the whole District, not just Bath.

Chapter B6 - Energy, Utilities and Health & Safety (77 representations)

Deposit Draft Content

B6.1 Provision of electricity, gas, water supply, sewerage and telecommunications are essential for modern day living and working and to secure a high quality of life. At the same time by making prudent, efficient and effective use of resources and encouraging energy efficiency and development of renewable energy sources we can help ensure that these utilities are available for future generations.

B6.2 Policies in this chapter enable the development of a range of infrastructure including renewable energy projects, water supply and sewerage, gas and electricity services and telecommunications. At the same time the policies aim to ensure that potential adverse health and environmental impacts which can be associated with such development is avoided. Other policies address issues of development which cause pollution, or create potential safety hazards.

Proposed Changes

B6.3 Policy ES.1 on renewable energy provision is proposed to remain unchanged but reference to meeting Government targets in the south west region is referred to (para B6.6A). Ongoing work with the Government's agents (ETSU) should provide more clarity on targets and types of facilities for the former Avon area as part of the preparation of the sub regional strategy (previously review of the Joint Replacement Structure Plan). The Local Plan can address any emerging strategic policies at a future date, possibly as part of a future review or in preparation of the new Local Development Framework.

B6.4 Concerns for the impact of electromagnetic fields on health in relation to electricity installations and cables and telecommunications development resulted in many representations. Policy ES.3 and ES.7 have therefore been amended to strengthen the consideration of this concern. Development should meet with national and European guidelines on public exposure to electromagnetic fields and developers will be expected to provide a `Health Radiation Impact Assessment' and regular monitoring of the microwave radiation emitted will be expected.

B6.5 Policy ES.4 on water supply and sewerage is proposed to be amended to ensure that developments incorporate water conservation measures such as sustainable drainage systems.

B6.6 Policies ES.7A & B are proposed to be combined in one policy to cover telecommunications development (requiring planning permission) and that needing prior approval (permitted development).

B6.7 Continuing concerns on air quality and the Council's declaration of an Air Quality Management Area at London Road, Bath have resulted in a proposed change to the reasoned justification setting out air quality considerations in determining planning applications (paras B6.31 to B6.31B).

Chapters B7 - Housing (373 representations) and B9 - General Development Sites (GDS.1) (1,464 representations)

Deposit Draft Content

B7.1 The Council's vision for housing, set out in its Housing Strategy is for healthy and sustainable homes for all. A place to live is essential in providing a decent quality of life and in meeting the objective of balanced communities.

B7.2 Government advice in PPG3 reflects this approach and stresses that the housing needs of all should be recognised, including those in need of affordable or special needs housing in both urban and rural areas.

B7.3 However, to promote more sustainable patterns of development and make better use of previously developed land the focus for additional housing should be existing cities and towns. New housing and residential environments should be well designed and make a significant contribution to promoting urban renaissance and improving the quality of life. All proposals will be assessed against the design policies contained in the Plan.

B7.4 Policies in the Local Plan set out how the Council will meet its housing requirement of 6,200 dwellings in the 1996-2011 period in accordance with Joint Replacement Structure Plan.

B7.5 After allowing for completions until 2001, sites already with planning permission and an allowance for windfall sites there was a need to allocate land for an additional 1,320 dwellings on brownfield sites and 910 on greenfield sites in the 2002 Deposit Draft Plan.

B7.6 Policy GDS.1 of the 2002 Deposit Draft Local Plan identifies sites to meet these figures with significant contributions being from the following sites:

B7.7 Other policies in the housing chapter set out where and at what scale windfall developments can occur i.e. within the City, towns and some villages. Achieving a good mix of housing sizes, type and tenure and affordability is also a policy objective and separate policies on residential densities and securing affordable housing add further to this.

B7.8 Policies on housing in multiple occupation, and replacement dwellings are included as are provision of sites for gypsies and student accommodation.

Proposed Changes - see also Annex 2A of the report

B7.9 How the Council meets its housing requirement of 6,200 dwellings for the 1996-2011 period has attracted the largest number of representations on the Local Plan. The extract of the report to Overview and Scrutiny Committee attached as Annex 2A addresses this issue in detail. It concludes that following an assessment of potential sites, both those put forward through representations and through the Council's own Urban Housing Capacity Study, an increased proportion of the District's housing can be met on brownfield sites during the Plan period. As a result there is scope to significantly reduce greenfield allocations in line with national, regional, strategic as well as local planning objectives.

B7.10 Therefore it is proposed to make the following changes:

1. The following new sites are allocated under Policy GDS.1;

2. The dwelling capacity on following sites be increased;

3. The large brownfield windfall site expectation is increased from 260 to 270 taking account of the designation of land at Coomb End, Radstock as an Employment Regeneration Area.

4. The following greenfield sites are to be retained as commitments;

5. The following greenfield sites are to be deleted from Policy GDS.1;

6. All other alternative suggested sites be rejected.

B7.11 as stated above there are a range of other policies within the Housing chapter and other changes are proposed. On Special Needs housing the reasoned justification is strengthened to explain more fully the need for accessible and adaptable homes, growth in need for homes for the elderly and meeting the needs of the homeless (paras B7.17 to B17.17D).

B7.12 Policy HG.4 is proposed to be amended to enable those instances where housing can come forward as a result of development under `safeguarding of employment land' policies which is discussed above under Chapter B2.

B7.13 The affordable homes Policy HG.8 (affordable housing on allocated and large windfall sites) and Policy HG.9 (affordable housing on rural exception sites) attracted many representations.

B7.14 Policy HG.8 is based on the comprehensive findings of the Housing Survey 2000 which identifies a need of over 1,700 and reaffirms the need to lower site size thresholds where provision can be sought and to retain a 30% target of provision for every site falling within the scope of Policy HG.8. However, it is proposed to delete the target from the Plan and to indicate it in Supplementary Planning Guidance which can be updated more easily to reflect findings from the most recent Housing Surveys. Other proposed amendments will ensure that key workers accommodation can be secured and that all windfall sites, whether within or outside settlements, will need to make or contribute toward provision.

B7.15 Policy HG.13 seeks to prevent loss of residential accommodation to other uses in order to retain the supply and mix of housing, reduce the need to travel and reduce greenfield requirements for new housing. However, the clause preventing changes of use of former residential accommodation, now in another use or empty, to another residential use is considered inflexible and contrary to meeting other objectives of the Plan, particularly those relating to enhancing economic development prospects. It is therefore proposed to be deleted in response to a representation.

B7.16 The policy on replacement dwellings (HG.14) also attracted representations. It is proposed to be amended to acknowledge that both substandard and other existing dwellings can be replaced subject to various criteria relating to size.

B7.17 There are a number of representations relating to Policy HG.16 on provision for gypsies and other travelling people. An amendment to allow for mixed use sites including residential and small scale business uses will accord with the JRSP policy whilst two new clauses address specific access and amenity issues.

B7.18 Student accommodation is subject to a separate Policy HG.17. Representations focus on impact on surrounding areas and use of general needs housing for student accommodation. The policy enables the need for purpose built student accommodation to be met in Bath, Norton-Radstock and Keynsham provided the stated criteria are met. These are proposed to be strengthened to ensure that any proposed sites have good accessibility to the campus and to other services and facilities by modes of transport other than the private car.

B7.19 It is also recommended that references should be included in the reasoned justification to the proposed expansion of the University of Bath campus (see sections on Chapters B3 - Community Facilities and Services and C1 - Green Belt) and the need to encourage the Bath Spa University College to produce a Masterplan setting out its future expansion proposals and needs. This will aid a fuller understanding of future development requirements outside the two existing Bath Spa campuses and enable the Council to reappraise the planning policy framework if necessary.

B7.20 Nevertheless a combination of the revised employment land safeguarding policies; the recognition that the non business sector, including higher education, will generate the largest increases in employment in the District up to 2011; the allocation of land at the University of Bath campus to meet future needs; and the enabling Policy HG.17 should provide the policy framework to meet growth in need for student accommodation without putting further pressure on existing housing stock.

Chapter B8 - Waste (74 representations)

Deposit Draft Content

B8.1 The Council in its roles as Waste Collection and Waste Disposal Authority has responsibility to collect and manage household waste together with some trade wastes. Nationally, this waste "stream" accounts for about 15% of the total amount of controlled wastes arising. The remaining wastes - including industrial/commercial wastes, construction/demolition wastes, and special wastes - are managed by the private-sector waste management industry.

B8.2 In its role as Waste Planning Authority the Council has statutory responsibility to make adequate provision through the development plan for the control of development involving waste management and for future requirements for facilities to cater for controlled wastes arising within its area.

B8.3 With some 350,000 tonnes of controlled waste generated per year (1998/9 figure) in the District a range of policies in the Local Plan therefore set out to achieve the Council's objectives for waste management as they relate to land use. Policies are based on some broad principles which reflect those contained in National and Regional guidance:

1) Best Possible Environmental Option BPEO - defined as:

"the outcome of a systematic and consultative decision-making procedure which emphasises the protection and conservation of the environment across land, air and water. The procedure establishes, for a given set of objectives, the option that provides the most benefits or the least damage to the environment as a whole, at acceptable cost, in the long term as well as in the short term".

2) The Waste Hierarchy 1. reduction

3) The Council's long term vision and aspiration to achieve zero waste.

B8.4 Based on these principles policies cover a range of matters relating to waste management facilities, waste reduction recovery and recycling in development household waste recycling centres, composting facilities, thermal treatment of waste, landfill and land raising. A site at Broadmead Lane, Keynsham, allocated under Policy GDS.1 will provide a new site for waste management purposes.

Proposed Changes

B8.5 Representation on Policy WM.2 focussed on its apparent assumption that development of facilities for the management of wastes arising outside the District were unlikely to be acceptable based on the proximity principle. However, what is most important is whether such disposal represents the Best Practical Environmental Option, one factor of which is the proximity principle, together with regard to the precautionary principle, the waste hierarchy and regional self sufficiency. All these points are covered in a proposed amendment to Policy WM.1 and so deletion of WM.2 is proposed.

B8.6 Also proposed to be incorporated into the reasoned justification is reference to the Council's long term vision and inspiration to achieve zero waste (para B8.59A).

B8.7 There were many representations on the reference to mass burn incineration in this section. This is proposed to be revised clarifying that the Council's long term strategy is for zero waste and that thermal treatment of unsegregated domestic waste streams is not favoured and would restrict opportunities to re-use and recycle waste materials to their maximum potential (para B8.83).

B8.8 There are many representations relating to future landfill uses for Stowey Quarry. However, should proposals come forward these can be assessed against criteria in Policy WM.12.

B8.9 Many concerns were expressed regarding the allocation of land at Broadmead, Keynsham for a waste management facility, particularly if a mass burn incineration facility were included. Changes to para B8.106 are proposed which explain more fully what type of facility is proposed. It is explained that mass burn incineration is not proposed. Any thermal treatment would be by use of gasification or pyrolisis.

SECTION C - ENVIRONMENTAL ASSETS

Chapter C1 - Green Belt (145 representations)

Deposit Draft Content

C1.1 Green Belts are designated primarily in order to prevent urban sprawl by keeping land permanently open. As such they help to shape patterns of urban development, protect the countryside and provide opportunities for outdoor sport and recreation.

C1.2 The Bristol/Bath Green Belt was established in 1966 and although some amendments have taken place it remains largely unchanged. National policies set out a presumption against inappropriate development and those categories of development allowed are clearly defined. However, the guidance does allow for infilling or redevelopment of major existing sites in the Green Belt (MEDs) which in Bath & North East Somerset are usually large commercial or educational establishments. Infilling or redevelopment may be allowed provided it has no greater impact on the Green Belt than the existing development. The policies in the Local Plan reflect the restrictive national approach to development in the Green Belt and allocate ten MEDs consisting of:

(i) Bath Spa University College, Newton Park

(ii) Clutton Hill Farm, Clutton

(iii) Former Radford Retail Systems site, Chew Stoke

(iv) Prior Park College, Claverton Down

(v) Culverhay School, Rush Hill

(vi) Portals site, Bathford Paper Mill, Bathford

(vii) Chew Valley School, Chew Magna

(viii) Monkton Combe School, Monkton Combe

(ix) Ralph Allen School, Claverton Down

(x) Burnett Business Park, Burnett

Proposed Changes - see also Annex 2A of the report

C1.3 With a large proportion of the District covered by Green Belt designation it is not surprising that the Green Belt policies have attracted many representations. Key among these are those opposed to the change of the Green Belt at South West Keynsham for development of homes, employment and community uses. There are representations seeking a change to the Green Belt to accommodate development at the University of Bath, for a transport interchange at Newbridge to serve the Western Riverside development and for a new football stadium also at Newbridge. Other representations include those seeking the incorporation of land into the Green Belt at the villages of Camerton, High Littleton and Timsbury.

C1.4 Apart from at Keynsham no provision is made in the Joint Replacement Structure Plan for a strategic amendment to the Green Belt boundary in the District.

C1.5 However, it is considered that exceptional circumstances justify changes at the University of Bath campus to enable the expansion of the academic and student accommodation and allied business incubation units. The amended Proposals Map in Annex 5 of the covering report shows the extent of the proposed change (see amendments to the Proposals Map Inset 31 Bath City and Environs). Amended Policy GDS.1 site B11 sets out site requirements one of which is for a high quality of design that responds sensitively to the landscape context which includes the Cotswold Area of Outstanding Natural Beauty and the Bath Skyline. Replacement playing fields will be a requirement of development and transport infrastructure needs must be resolved before any development could go ahead. The report to Overview & Scrutiny Panel (see Annex 2A) sets out the full justification for these proposals

C1.6 At Newbridge the provision of a transport interchange to serve the proposed Western Riverside development is essential if this regeneration project is to succeed. In addition a site is required to relocate the existing civic amenity site which will be displaced by the Western Riverside development. It is considered that the factors summarised below constitute exceptional circumstances justifying a change to the Green Belt boundary at Newbridge:

1. The benefits of regenerating Western Riverside to Bath and North East Somerset and its importance in the successful implementation of the Local Plan strategy

2. The redevelopment of Western Riverside requires the provision of a transport interchange incorporating significant levels of car parking that can not be accommodated on site.

3. Sites are not available within the urban area to accommodate the scale of facility required.

4. The facility required would be inappropriate development in the Green Belt.

C1.7 Therefore it is recommended that the Green Belt boundary is changed at Newbridge (see amendments to the Proposals Map Inset 31 Bath City and Environs in Annex 5). The land removed from the Green Belt is proposed to be allocated for a transport interchange and a civic amenity facility under policy GDS.1 site B1A.

C1.8 The Deposit Draft of the Bath and North East Somerset Local Plan defined a detailed Green Belt boundary in accordance with the general extent described in the JRSP and proposed a change to the statutory Green Belt boundary at Keynsham. The land proposed to be removed from the Green Belt, on the south west side of the town, was allocated for mixed use development. There were many representations objecting to this proposed Green Belt alteration and allocation of the land for development (site K2). As described elsewhere under Chapter B7 the way the JRSP dwelling requirement is to be met has been re-assessed. As a result the proportion of the requirement that can be met on brownfield sites has increased, meaning that this greenfield site is no longer required. Therefore, it is recommended that the Green Belt boundary defined in the Revised Deposit Draft Plan be amended so that, in line with the current statutory boundary, it follows the limits of built development of Keynsham.

C1.9 The greenfield site allocated for residential development at Farmborough was also the subject of a significant number of representations. As with the above site at Keynsham it is no longer needed to help meet the JRSP dwelling requirement. This site was identified as safeguarded land in the Wansdyke Local Plan, in order to help meet development requirements beyond the end of the period of that Plan (i.e. 2001). Whilst this site is not needed for development during the Bath and North East Somerset Local Plan period (to 2011) both the JRSP and the emerging Local Plan acknowledge that some development in the rural areas is necessary in order to help maintain the social and economic vitality of the villages. This site is still considered to be suitable in assisting to achieve this objective in the longer term and therefore, it is recommended that it be designated as land safeguarded for development beyond 2011 in the Revised Deposit Draft Plan.

C1.10 Elsewhere no other major changes are proposed.

C1.11 The other issue covered is that of Major Existing Developed Sites in the Green Belt where infilling or redevelopment can be allowed for in accordance with Policy GB.3 of the Local Plan. Normally policies are far more restrictive in Green Belt locations. A number of additional sites to those already allocated are put forward in representations and it is recommended that only Oldfield School be added to the ten existing sites.

Chapter C2 - The Natural Environment (294 representations)

Deposit Draft Content

C2.1 The District's high quality environment is a key asset, adding to the quality of life of residents, attracting visitors and contributing to the prosperity of the area. The distinctive villages, diverse landscapes, rich biodiversity and historic character reflect centuries of human settlement and agricultural use. However, some of the more recent changes have been harmful to our natural assets with a decline in biodiversity and degradation of the countryside.

C2.2 Sustainable development requires effective protection of the environment and prudent use of natural resources. It recognises the interdependence of economic, social and environmental needs as well as the interdependence of urban and rural areas. It involves improving the quality of life without undermining the quality of natural environment.

C2.3 Local Plan policies are wide ranging and mainly seek to protect these environmental assets including those on landscape, Areas of Outstanding Natural Beauty (AONB) (part of Cotswolds and Mendip Hills AONBs in the District); trees and woodlands, Forest of Avon, biodiversity, natural features, water sources, areas liable to flood and agricultural land.

Proposed Changes

C2.4 Many representations supported the designation of important hillsides (policy NE.3) particularly at Welton Vale, Midsomer Norton.

C2.5 There are concerns raised about the extensive bat protection zones policy and para. C2.40A has been added to explain more fully that it will only relate to development where structures, feeding grounds and features used by the bats are under threat.

C2.6 In response to a representation a `quick guide' on trees in conservation areas is added in under para C2.25 and greater emphasis on protection of mature trees (para B2.21A and Policy NE.4). Greater explanation in the reasoned justification is proposed to cover the protection of bats, their habitats, and feeding grounds (paras C2.40 - C2.40A) and Policies NE.7 and 11 are amended to ensure that where development does result in harm to nature conservation that compensatory provision of at least equal value is made.

C2.7 A new `quick guide' defines the criteria used in defining internationally or nationally protected species and habitats protected under Policy NE.10.

C2.8 On water source protection areas changes are proposed to the reasoned justification to further explain possible impacts of development (para C2.56A).

C2.9 In response to a representation a new policy protecting Bath's Hot Springs is proposed (paras C2.56B - C2.56D and Policy NE.13A of the Written Statement) The protected area is shown on the amendments to the Proposals Map Inset 31 Bath City and Environs in Annex 5 of the covering report.

C2.10 On flood risk Policy NE.14 is strengthened to include reference to development which would cause flooding elsewhere as well as preventing development which would be subject to flooding and development proposed in undefended functional floodplains.

C2.11 Policy NE.16 on development affecting agricultural land has an added clause indicating that where there is a choice of sites for development on land in the lower grades (3b - 5), it should be directed towards the lowest grade except where sustainability considerations suggest otherwise.

Chapter C3 - Built & Historic Environment (326 representations)

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C3.1 One of the key objectives of sustainable development is effective protection of the environment and the prudent use of natural resources. This includes conservation and enhancement of the built and historic environment.

C3.2 The District's City, towns and villages are diverse in character reflecting their history, location and size. The character, layout and form of groups of buildings and streets and spaces make a significant contribution in engendering a sense of place and adding to the quality of life in town and country. The identity of settlements should be conserved and enhanced through regeneration, enhancement of the public realm and a high standard of new design.

C3.3 With Bath's magnificent architectural site heritage recognised by its inscription as a World Heritage site and with the District containing around 6,500 listed buildings and over 30 conservation areas, together with numerous parks and gardens of Special Historic Interest and Scheduled Ancient Monuments, the importance of conserving and enhancing the historic environment is obvious.

C3.4 The twenty two policies in the Plan set out a rigorous framework covering all these designations and others including locally important archaeology, historic battlefields, visually important open spaces, impact of advertisements, security fittings and external lighting.

Proposed Changes

C3.5 Bath's importance as a World Heritage site is of course recognised in the Local Plan but reference to the preparation of the World Heritage Site Management Plan needs to be strengthened. Its role in setting out a long term vision for the site, aims and objectives, and a programme of short and long term action to improve the condition and management of the site is therefore proposed to be incorporated (para C3.8).

C3.6 In addition recognition of the inclusion of Brunel's Great Western Railway, Paddington to Bristol on the Tentative World Heritage List of sites is recommended for inclusion in the Local Plan (para C3.12A).

C3.7 Policies BH.3 & BH.4 on demolition and change of use of listed buildings are proposed to be strengthened. A `Quick Guide' on selection criteria for locally important buildings which includes age and integrity, architectural interest, historical association, context and local interest is proposed to be included.

C3.8 Policy BH.12 on development affecting important archaeological remains is proposed to be strengthened and simplified by adding reference to development that might cause harm to their settings and mitigation of adverse impacts.

C3.9 It is proposed to amend the historic battlefields Policy BH.14 by deleting the reference to exceptions which would allow development on such sites is proposed to be deleted. This would be dealt with as a material consideration.

C3.10 Policy BH.15 safeguards visually important open spaces and it attracted many representations, either in support or objecting to identified sites. Additional sites are proposed in Bath, Bathampton and Timsbury.

C3.11 The policy on village buffers which resists development in areas between some villages had a mixture of support and objection and no changes are proposed.

Chapter C4 - Minerals (48 representations)

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C4.1 While mineral workings in Bath & North East Somerset are not at the same level as those in some adjoining authorities, e.g. Mendip and South Gloucestershire, nevertheless there are substantial mineral resources including limestone, Fuller's earth and coal. There are a number of active sites at Stowey Quarry near Bishop Sutton, Upper Lawn Quarry, Combe Down and Hayes Wood mine at Limpley Stoke. There are also a number of inactive sites - North Wick Quarry, Queen Charlton Quarry and Mount Pleasant Quarry, Combe Down. In addition there remains the legacy of the former coal mining industry with many colliery spoil tips.

C4.2 Policies cover a range of matters relating to mineral extraction, sterilisation of mineral deposits by non-mineral developments, preferred areas for development, protection of the environment and amenities and adequate access and reclamation. Policies also allocate preferred areas for mineral extraction at Stowey Quarry and Upper Lawn Quarry, with Queen Charlton as a minerals restoration site.

Proposed Changes

C4.3 Policy M.1 sets out the general principles against which all proposals for mineral extraction will be assessed. The policy is proposed to be amended to better reflect national planning guidance, the amended clauses focussing on the need for the mineral in relation to availability of alternative sources, and scale and output being compatible with the character of the area and existing workings.

C4.4 On active sites the operations at Stowey Quarry are clarified pointing out that it is the operator's intention that the majority of the quarry's production will be processed to provide raw materials for building and construction purposes (para C4.26). On current environmental impacts para C4.47 is proposed for amendment pointing out that at Stowey Quarry there is little evidence of effective reclamation to agriculture even though planning permission was granted to raise levels in part of the quarry by the use of imported waste.

C4.5 In response to a representation policy M.3 is proposed for amendment by deletion of clause (ii) which seeks to restrict minerals development to those which do not involve the extraction and/or processing of locally scarce or high grade minerals for use in low grade applications. This goes beyond the scope of addressing harm of the development and tries to control market needs, contrary to Government guidance.

C4.6 Para 4.62 is proposed to be amended to clarify that in principle it is desirable for some extracted material to remain on site to aid restoration.

C4.7 On transportation of minerals it is proposed to amend para C4.68 in response to a representation to clarify that the most environmentally acceptable method of transport is used. Policy M.9 is amended by the addition of a clause ensuring that alternative methods of transport to road are considered first.

C4.8 On reclamation of Queen Charlton Quarry a proposed amendment to para. C4.56 clarifies that in order to minimise local disturbance and achieve an orderly reclamation, proposals will be resisted until reclamation works on the concrete works have reached an advanced stage rather than having to be completed (para C4.56). This will allow for a better co-ordinated approach to reclamation of the whole area.

SECTION D - ACCESS

Chapter D1 - A Balanced and Integrated Transport System (13 representations)

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D1.1 A prominent theme of this Local Plan is the need for "balance". The Regional Planning Guidance for the South West states that "the need for the safe and efficient movement of people and goods" should be balanced with "the need to protect and improve the environment" (RPG10 1994). The same Guidance calls for an "integrated and balanced transport system". Integration in this context is defined in the 1998 White Paper : "A New Deal for Transport - Better for Everyone" as

· integration within and between different types of transport so that people can move easily between them

· integration with the environment so that our transport choices support a better environment

· integration with land-use planning so that transport and planning work together to support more sustainable travel choices and reduce the need to travel

· integration with policies for education, health and wealth creation so that transport policies help to create a more fair and inclusive society.

D1.2 The new Local Transport Plans play a major role in the integration of transport and land use planning. The proposals they contain have to be supported by policies in the Local Plan and it is intended that the two documents should be complementary.

D1.3 The Joint Replacement Structure Plan (JRSP) states that there are three key requirements for the successful achievement of an integrated and balanced transport system. The first is the implementation of the Plan's locational strategy for new development a main aim of which is reduction in travel demand. The second is a concerted effort by all local authorities to encourage alternative modes of transport to the car. The third is the adoption of an area and corridor approach to the integration of development and transport proposals so that resources are concentrated where they will have maximum impact on travel patterns. The areas and corridors which are relevant to this Plan are:

D1.4 Chapter D1 sets out these objectives and Policy T.1 therefore reflects the overall objectives of both the Local Transport Plan and Joint Replacement Structure Plan.

Proposed Changes

D1.5 Para D1.6 is amended to stress that the Local Transport Plan objectives reflect the Government's approach in reducing congestion and pollution and in promoting sustainable transport solutions (para D1.6).

Chapter D2 - Strategic Transport Corridors (20 representations)

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D2.1 The A36 and A46 which pass through Bath are major elements of the South Wales/M5 to Portsmouth, Southampton and Poole corridor identified in the Regional Transport Strategy with the result that the World Heritage site has to contend with an unacceptable level of through traffic.

D2.2 Policy T.2 indicates the Council's participation in a multi-modal study of this route (the Bristol/Bath to South Coast Transport Study) with the aim of implementing measures to reduce through traffic.

D2.3 Para D2.1 clarifies that the Government's multi-modal study recommended various improvements to increase the capacity of the main London - Bristol railway and that a further study is to be undertaken of the Greater Bristol area which will also examine the A4 and A37 corridors in Bath & North East Somerset.

Proposed Changes

D2.4 As policy T.2 is only a statement of intent it is proposed to delete it and incorporate its provisions in the reasoned justification of the Written Statement.

Chapter D3 - Walking & Cycling (45 representations)

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D3.1 This chapter contains policies on improving facilities for walking and cycling.

Proposed Changes

D3.2 Para D3.6 on the Council's Cycling Strategy is amended to clarify that cycle routes identified on the Proposals Map include national and local networks. Also in response to representations various cycle routes safeguarded against prejudicial development under policy T.7 are amended.

Chapter D4 - Buses (19 representations)

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D4.1 Seeks improvements to bus services along priority transport corridors.

Proposed Changes

D4.2 Here is reference to the Quality Bus Partnership which the Council entered into in October 2002 is added to para. D4.3.

Chapter D5 - Railways (21 representations)

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D5.1 Railways remain an important form of transport available in the District and policy T.9 resists development which adversely affects the network and safeguards land for a station at Saltford and retention of the rail freight facility at Westmoreland Station Road, Bath.

Proposed Changes

D5.2 Here updating the section includes reference to the proposed transport interchange at Newbridge (see Chapter C1 above); the possible future provision of a new station in the Bathford/Bathampton area which will be re-examined in the context of the Bristo/Bath to South Coast and Greater Bristol Strategic Transport Studies (para D5.3); and that the Avon Valley Railway has recently been extended into the District and may eventually be extended to Bath (para D5.6).

D5.3 Policy T.9 is now amended to safeguard all existing disused railway lines as sustainable transport routes (see also paras D5.6 - D5.7).

Chapter D6 - Rapid Transit (17 representations)

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D6.1 Policy T.11 safeguards the rapid transit route linking the Newbridge area with Western Riverside Regeneration site. No changes are proposed.

Chapter D7 - Transport Interchange (5 representations)

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D7.1 Policies seek to secure provision of improved public transport interchanges at Bath Spa railway/bus station, Midsomer Norton, Radstock and Keynsham town centres and Keynsham railway station.

Proposed Changes

D7.2 Changes here focus on the proposal for a new transport interchange at Newbridge to serve the Western Riverside regeneration site (para D6.1) and Policy T.12 is also amended to include the site.

Chapter D8 - Traffic Management (26 representations)

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D8.1 Traffic management measures to reduce congestion and improve safety for City and town centres, residential areas and rural areas are promoted in this chapter.

Proposed Changes

D8.2 Policy T.15 on traffic management in rural areas is revised in response to representations to clearly set out that measures to improve highway safety in villages should encourage both walking and cycling.

Chapter D9 - Transport Infrastructure (35 representations)

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D9.1 Whilst transport infrastructure is essential to improved accessibility it can also have a major impact on the environment, for good or worse, depending on its design, materials, landscaping, signage etc. Policies here aim to ensure that the impacts of schemes are fully considered and also safeguards routes for the Lower Bristol Road, Bath improvement scheme, and the Temple Cloud and Whitchurch bypasses.

Proposed Changes

D9.2 Policy T.16, Provision of Transport Infrastructure is amended to strengthen it.

D9.3 There are a number of representations seeking the deletion of the protected routes of the Whitchurch and Temple Cloud/Clutton bypasses. However these are still the subject of review and the A.37 corridor is included in the Greater Bristol Strategic Transport Study.

Chapter D10 - Car Parking (46 representations)

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D10.1 This chapter addresses the issue of car parking including shoppers and visitors parking in central Bath, expansion of on-street parking controls in the central Bath area, development resulting in the loss of existing car parking, and development of new car parking and allocation for a Park & Ride scheme at Lambridge and an extension at Odd Down.

Proposed Changes

D10.2 Para D16.3 and Policy T.21 are amended to refer to the proposed Lambridge Park & Ride and reference to securing replacement of the existing sports pitch facilities.

D10.3 Para D10.4 is amended to refer to the possibility of providing links from existing Park & Rides to other locations if spare capacity is available e.g. to the Royal United Hospital.

D10.4 The reasoned justification para. D10.4 is proposed to be amended to more fully explain policy T.21 relating to expansion or development of Park & Ride sites. It cross refers to Green Belt policy.

Chapter D11 - Airports/Aerodrome Safeguarding Areas (4 representations)

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D11.1 Bristol International Airport at Lulsgate lies close to the western boundary of the District and parts of the Plan area are covered by the Safeguarding Areas for this airport, Filton aerodrome to the north of Bristol, and Colerne, a military aerodrome in North Wiltshire.

D11.2 The policy identifies safeguarding areas within which development that would prejudice safety will not be permitted.

Chapter D12 - The Requirements and Implications of Development (29 representations)

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D12.1 The final section of the Plan addresses the transportation requirements of new development to ensure a high standard of access for a range of transport modes making a positive contribution towards the Council's traffic reduction targets. Transport assessments will therefore be required on larger development proposals. The final policy sets out maximum parking standards reflecting those in National Planning Policy Guidance Note 13 (PPG13) and including cycle and motor cycle standards.

Proposed Changes

D12.2 The schedule to Policy 25 - `Transport Assessments Development Thresholds' is amended to point out that full assessments will be required for development below the stated thresholds in cases where additional development is proposed in the vicinity which would have a comparable and cumulative impact on the transport system.

D12.3 Policy T.26 - In response to representations parking Standards are amended to introduce the Council's own maximum standard which incorporates the current national maximum parking standard. An amended reasoned justification explains that in many cases development will be expected to provide less than the permitted maximum level of parking particularly in areas of high accessibility by non car modes such as Bath city centre and Keynsham, Midsomer Norton and Radstock town centres. Future Supplementary Planning Guidance will define accessibility zones which will determine how much of the maximum standard would need to be provided for particular development. Policy T.26 is also amended to make reference to provision for drivers with disabilities.