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Hastings Planning Policy Consultations

Hastings Development Management Plan Proposed Submission Version

[estimated] Ended on the 15 April 2013
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Section Two - Development Management

Design

2.1 Urban design is about making connections between people and places. It brings together the many strands that make up a place: environmental stewardship, social equity and economic viability. The aim is to create places with distinct beauty and identity. Urban design is derived from planning and policy writing, architectural design, development economics, engineering and landscape. But it goes beyond the single aspect of each of these disciplines and it draws them together creating a vision for a building, site or area that is as much about the usability and sustainability of development as it is purely about aesthetics.

2.2 When development does take place, it is important that it has regard for local character and it achieves a good standard of design. The use of resources and impacts on the environment and the community should also be considered. Allowing some flexibility, however, in the form a development might take, can sometimes result in more imaginative and innovative schemes being built.

2.3 There is much guidance available on the subject of design and the Council will have regard to this where appropriate, in particular from The Design Council It is important to note that design is a dynamic and changing field, and it is not felt appropriate to write into policy now what might become outdated during the life of this plan. Instead, plans submitted to the Council should show consideration, appreciation and inclusion, where appropriate, of the latest design guidance and best practice, but crucially, set within the context of Hastings the Borough, but also the locality where a scheme is proposed.

2.4 The Sustainable Communities chapter in the Planning Strategy describes what Hastings Borough Council’s expectations are, especially in terms of carbon and energy efficient buildings and construction. This policy, DM1, should be read with particular reference to Policies of that chapter:

Hastings Planning Strategy - Chapter 6: Sustainable Communities

SC1 Overall Strategy for Managing Change in a Sustainable Way
SC2 Design and Access Statements
SC3 Promoting Sustainable and Green Design
SC4 Working Towards Zero Carbon Development
SC5 District Heating Networks and Combined Heat and Power Systems
SC6 Renewable Energy Developments
SC7 Flood Risk

Table 1: Hastings Planning Strategy - Chapter 6

2.5 Policy SC7 – Flood Risk is of particular importance to consider as it requires that the proposals are in accordance with the Strategic Flood Risk Assessment (SFRA) and that they are subject to the sequential test, seeking to avoid development in flood risk areas before considering mitigation measures.

2.6 Outlined in the Planning Strategy – Policy CI1 – are the Council’s likely infrastructure requirements to support new development and these should also be integrated into the design of proposals at an early stage, together with, where appropriate, the inclusion of children’s play facilities in accordance with Policy CI3. For further information on the Council’s expectations for community infrastructure please see chapter 10 of the Planning Strategy.

Hastings Planning Strategy - Chapter 10: Community Infrastructure
CI1 Infrastructure and Development Contributions
CI2 Sports and Leisure Facilities
CI3 Children’s Play Provision

Table 2: Hastings Planning Strategy - Chapter 10

(1) 2.7 As well as the Policy DM1 (and where appropriate DM2) of this plan, the potential impact of a scheme on the built and historic environment should be considered with reference to Policy EN1 of the Planning Strategy, and Section Three – Historic and Natural Environment – of this plan. Consideration should also be given, in schemes presented to the Council, to the natural environment, its protection and enhancement and, of particular importance to site specific proposals, Hastings’ ‘Green Infrastructure,’ with particular reference to Polices EN2, EN3, EN4 and EN5 of the Planning Strategy.

Hastings Planning Strategy - Chapter 7: Protecting Our Environment
EN1 Built and Historic Environment
EN2 Green Infrastructure Network
EN3 Nature Conservation and Improvement of Biodiversity
EN4 Conservation and Enhancement of Landscape
EN5 Open Spaces – Enhancement, Provision and Protection

Table 3: Hastings Planning Strategy - Chapter 7

2.8 Policies H1, H2 and H3 of the Planning Strategy, which are concerned with housing density, mix and affordability, should also be read in conjunction with Policy DM 1. For further information on the Council’s expectations for housing please see chapter 8 of the Planning Strategy.

Hastings Planning Strategy - Chapter 8: Housing
H1 Housing Density
H2 Housing Mix
H3 Provision of Affordable Housing
H4 Houses in Multiple Occupancy
H5 Accommodation for Travelling Communities

Table 4: Hastings Planning Strategy - Chapter 8

2.9 In addition to the more general issues described up to this point, in Hastings, it is also important to consider:

  • The selection of appropriate materials – these should have regard to the area's character and the Council’s objectives for sustainability. This would include, where appropriate, the re-use of materials and
  • The use of plant and tree species for landscaping and border treatments, appropriate to the local area.
  • Views of a development – these should be considered both from close by and from a wider area. The particular topography of the Borough means that there are many areas that are visually prominent, but there are also those areas that have an unexpected prominence; there can be ‘glimpse views’ of places like the castle and these should be given the same consideration.
  • Particular attention should be given to the 'gateways' into developments to reinforce a sense of character and distinctiveness.

2.10 In order that the overall design of a proposal is considered as well as all the various aspects that are required to achieve good design, Policy DM1 lists those things, in no particular order, that will be considered important to achieve a good and appropriate scheme. Policy DM2 considers the specific case of proposals for telecommunication installations.

Policy DM1 – Design principles

All proposals must reach a good standard of design, which includes efficient use of resources, and takes into account:

  1. Protecting and enhancing local character and showing appreciation of the surrounding neighbourhood's historic context, street patterns, plot layouts & boundaries, block sizes & scale, height, massing and materials.
  2. Good performance against nationally recognised best practice guidance on sustainability, urban design and place-making, architectural quality and distinctiveness.
  3. The layout and siting of buildings to make efficient use of land, the orientation of frontages to achieve attractive streetscapes and to best take into account the effects of solar gain.
  4. An assessment of visual impact, including the height, scale, and form of development that should be appropriate to the location, especially given the complex topography of the Borough and the need, in some instances, to consider the visual effect from key viewpoints.

(1) Policy DM2 – Telecommunications technology

In accordance with Government advice, if a proposed installation meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines for public exposure then it will not be necessary to consider further health aspects and concerns.

Prior approval for the siting and appearance of antennae will be given and full planning permission granted for telecommunications installations provided that the appropriate matters from Policy DM1, above, and where appropriate HN1, have been adequately considered in order to minimise the effect upon the character and appearance of the locality and taking account of technical constraints.

It must also be demonstrated that there is no realistic prospect of a visually less intrusive site or mast, a building or other structure, being available.

Relationship to other plans

Planning Strategy (2012):

Objectives:

  1. Ensure everyone has the opportunity to live in a decent home, which they can afford, in a community in which they want to live
  2. Safeguard and improve the town’s environment
  3. Addressing the impacts of climate change
  4. Supporting sustainable communities

Policies:

SC1: Overall Strategy for Managing Change in a Sustainable Way
SC2: Design and Access Statements
SC3: Promoting Sustainable and Green Design
SC4: Working Towards Zero Carbon Development
SC5: District Heating Networks and Combined Heat and Power Systems
SC7: Flood Risk
EN1: Built and Historic Environment
EN2: Green Infrastructure Network
EN3: Nature Conservation and Improvement of Biodiversity
EN4: Conservation and Enhancement of Landscape
EN5: Open Spaces – Enhancement, Provision and Protection
H1: Housing Density
H2: Housing Mix
H3: Provision of Affordable Housing
CI1: Infrastructure and Development Contributions
CI3: Children’s Play Provision

Amenity

2.11 Amenity is a broad term that can encompass protection from unacceptable impacts on an area as a whole or on neighbouring occupants, for example avoiding loss of privacy, overshadowing and loss of daylight.

2.12 Amenity also includes layout and proportions (internal and external) of buildings. Amenity is a term that is also used to describe the spaces between buildings, the public spaces that, when well maintained, help to increase a person’s sense of wellbeing. Amenity, then, is a crucial issue to consider with proposals and Policy DM3 offers guidance towards the Council’s expectations.

2.13 Hastings has a variety of housing types at different densities for different people. What constitutes a good living environment for a person living alone will differ from that of a family. Their needs are also very likely to be different.

2.14 The management of the spaces between buildings can also help to contribute to objectives of environmental sustainability. Green infrastructure, policy EN2 of the Planning Strategy, is a crucial part of development proposals that can safeguard biodiversity, natural features and wildlife habitats.

2.15 Despite differences in size, tenure and density, it is important that all homes in the Borough are of high quality. This is, indeed, also Objective 2 of the Planning Strategy and, as such, amenity is closely linked to policies SC1, SC2 and H1 of the Planning Strategy.

2.16 As well as the design Policy DM1, Policy DM3 will also provide guidance, in no particular order, towards what the Council believes to be a decent home that safeguards the amenity of its inhabitants, neighbours and the local community.

2.17 The Council may deem it necessary to reference national guidance on housing quality, particularly that from the Homes and Communities Agency (HCA), who cite the Housing Quality Indicators of 2008 as a good grounding for assessing the standard of proposed new homes. As with design, this is a dynamic and changing subject area. It is, however, considered that a standard for internal space that is appropriate in new build housing is to provide at least a minimum of liveable space. The management and orientation of that space can be negotiated on a site specific basis.

2.18 Although parts of Policy DM3 are specifically worded for new housing schemes, any proposal that may have an impact on amenity will be assessed using the appropriate parts of the policy.

Policy DM3 – General Amenity

In order to achieve a good living standard for future users of proposed development and its neighbours it should be demonstrated that amenity has been considered and appropriate solutions have been incorporated into schemes. Permission will be given for development where:

  1. The use of the scale, form, height, mass, and density of any building or buildings, to reduces or avoids any adverse impact on the amenity (privacy, over shadowing, loss of daylight) of neighbouring properties.
  2. There is adequate space for storage of waste and the means for its removal (where appropriate, turning areas for refuse vehicles). This includes provision for the general management of recyclable materials. Space will also be required for necessary servicing areas, ancillary structures and landscaping.
  3. A means of landscaping that contributes to crime prevention; a permeable and legible network of routes and spaces, including “Green Infrastructure” to create a public realm that is attractive, overlooked and safe is included.
  4. Considerate design solutions for the spaces between and around buildings are shown. This should respect the character of the surroundings; a well-designed scheme in terms of private, semi-private and public open space, to include, where appropriate, the provision of public art.
  5. Arrangements are in place for the future maintenance of any public areas.
  6. (2) Dwellings are designed to allow residents to live comfortably and conveniently with sufficient internal space. The guidelines for minimum internal floor areas are: 1 bedroom/2 person 51m2; 2 bedroom/3 person 66m2; 2 bedroom/ 4 person 77m2; 3 bedroom/5 person 93m2; 4 bedroom/6 person 106m2
  7. (2) Appropriate levels of private external space are included, especially for larger homes designed for family use (dwellings with two or more bedrooms). In respect of proposed family dwellings the Council would expect to see the provision of private garden space (normally at the rear), of at least 10 metres in length.

Relationship to other plans

Planning Strategy (2012):

Objectives:

  1. Ensure everyone has the opportunity to live in a decent home, which they can afford, in a community in which they want to live
  2. Safeguard and improve the town’s environment
  3. Addressing the impacts of climate change
  4. Supporting sustainable communities

Policies:

SC1: Overall Strategy for Managing Change in a Sustainable Way
SC2: Design and Access Statements
EN2: Green Infrastructure Network
H1: Housing Density

Access

2.19 When proposals are made, the ways that people move on and off and through the site are important to consider and is also crucial for a successful scheme. The impact on existing transport networks from completed schemes is also part of this issue. Particular consideration might need to be given to roads in the town that are, as yet, un-metalled, as further development that uses these roads for access could create a situation that would lead to their deterioration.

2.20 Design and Access Statements are a prerequisite of most planning applications, and are required by policy SC2 of the Planning Strategy. They should explain how proposals are capable of successful integration onto a particular site. Consideration should go beyond the strict boundaries of the site in order to appreciate how people move between different places and how various uses connect together.

2.21 Where existing transport infrastructure is inadequate to meet the needs of new development, planning conditions or development contributions will be used to ensure that developments are made acceptable through securing the provision of necessary improvements.

2.22 Whilst acknowledging its importance to modern life, designs that put further reliance on travel by private car should be discouraged. The provision of car parking in developments must not lead to vehicles having an overbearing effect on the streetscape. Policy T3 of the Planning Strategy advocates the promotion and increased use of sustainable forms of transport and to support this, proposals should include clear access to and routes for alternative modes of transport to the car. This will also support the strategic cycle network through Hastings Borough. Proposals for larger schemes are likely to require travel plans in accordance with policy T4 of the Planning Strategy. For further information on the Council’s transport infrastructure please see chapter 11 of the Planning Strategy.

Hastings Planning Strategy - Chapter 11: Transport & Accessibility
T1 Strategic Road and Rail Schemes
T2 Local Road Improvements
T3 Sustainable Transport
T4 Travel Plans

Table 5: Hastings Planning Strategy - Chapter 11

2.23 Parking provision in connection with a specific development is the responsibility of the developer. East Sussex County Council has produced a Parking Standards Supplementary Planning Guidance document (SPG) that sets out the thresholds for provision of parking spaces. It is available at: www.hastings.gov.uk/environment/planning/applications/developmentcontrol/downloadparking.htm

2.24 The Council will apply the SPG or its successors, as appropriate, when considering schemes put before them. There is also national guidance on access issues available, inter alia, from the Design Council and the Homes and Communities Agency. The Council will have regard to this advice where appropriate.

2.25 Policy DM4 describes, in no particular order, those matters that the Council expects to see included in development proposals.

(2) Policy DM4 – General Access

Attention must be paid, not only to the access onto the site, but also access within all parts of any resultant development. Schemes should include:

  1. (1) The enhancement and promotion of public transport provision, pedestrian and cycle access
  2. When considering the layout of a site, provision for non-car based modes of transport are shown to be clearly included
  3. The parking standards set out in East Sussex County Council’s SPG (or its replacements)
  4. Where appropriate, for development which would generate additional traffic on an un-metalled carriageway, through a legal agreement, the bringing of the road up to an acceptable standard and for it to remain private or to be brought up to an adoptable standard and adopted by the Highway Authority.
  5. Good accessibility for all, especially for people with a physical or sensory impairment.
  6. (1) The installation of a powered lift system to all floors, for any new buildings (except a single dwelling house) of three storeys or more. The lifts should be designed to allow for their use by disabled people and particularly those who use wheelchairs.
  7. Good performance against nationally recognised best practice guidance on internal building design and layout.

Relationship to other plans

Planning Strategy (2012):

Objectives:

  1. Addressing the impacts of climate change
  2. Supporting sustainable communities
  3. Provision of an efficient and effective transport system

Policies:

SC2: Design and Access Statements
T3: Sustainable Transport
T4: Travel Plans

Ground conditions

2.26 Where a site is affected by contamination or instability, responsibility for a safe development rests with the developer and local authorities cannot refuse planning permission on these grounds alone. National planning guidance states that to prevent unacceptable risks from pollution and land instability, local authorities should ensure that the development is appropriate for its location and that the site itself is suitable for its new use taking account of ground conditions and land instability (paragraphs 120 and 121 of the National Planning Policy Framework - NPPF).

2.27 The NPPF also requires planning authorities to seek to ensure that when remediation measures are undertaken, the land should, post development, not be capable of being determined as 'contaminated land' under Part IIA of the Environmental Protection Act 1990. (Paragraph 121) The Planning Authority therefore needs to be satisfied that, where it is necessary, ground conditions and contaminants have been fully taken into account in proposals for development.

2.28 Conditions will be applied to planning decisions that will prevent the commencement of development until the Council is satisfied that ground conditions and any identified remediation or mitigation measures are acceptable for it to begin. These conditions will be in accordance with policy DM5 below, and should be read in conjunction with Policies SC1, and where appropriate SC2, of the Planning Strategy.

(2) Policy DM5 – Ground Conditions

Assessments of existing ground conditions should be undertaken, and details submitted to the Local Planning Authority under the following circumstances:

(1) Land Instability
a) On land potentially subject to instability (such as steeply sloping sites or in areas with a history of land instability), convincing supporting evidence (from a relevant and suitably qualified professional) must be supplied before development takes place. This evidence is to show that any actual or potential instability can be overcome through appropriate remedial, preventative or precautionary measures. At the application stage, for those sites with a recorded history of instability, information about the extent of remediation and/or mitigation measures will be required. Any further detail that may be required will be conditioned. Contaminated land
b) Proposals for sites known or suspected to be contaminated (through previous or historical uses) must be submitted with suitable ground investigation reports. New developments within 250 metres of a landfill site or land suspected of contamination will require investigation and demonstration that development is acceptable. At the application stage information about the extent of remediation and/or mitigation measures will be required. Any further detail that may be required will be conditioned.

Relationship to other plans

Planning Strategy (2012):

Objectives:

  1. Ensure everyone has the opportunity to live in a decent home, which they can afford, in a community in which they want to live
  2. Safeguard and improve the town’s environment
  1. Supporting sustainable communities

Policies:

SC1: Overall Strategy for Managing Change in a Sustainable Way
SC2: Design and Access Statements

Pollution and Hazards

2.29 Where a development has the potential to create pollution to land or water environments, it is important to consider this at an early stage to keep its effects to a minimum. Lighting, noise, smell, hazardous and non-hazardous substances and airborne particulates are all potential pollutants and their impact in new development must be properly assessed. Airborne pollutants are a particular issue in the Air Quality Management Area in Bexhill Road/Bulverhythe.

2.30 Sometimes pre-existing sources of pollution or specific hazards need to be taken into account when proposals are made, in these cases the Health and Safety Executive (HSE) are able to advise potential applicants about these. The Council will use the advice of the HSE in its decision making process.

2.31 Policy DM6 describes the Council’s expectations for minimising of pollution from development. This policy should be read in conjunction with Policy SC1, and where appropriate, SC2 of the Planning Strategy.

(1) Policy DM6 – Pollution and Hazards

Planning permission will only be granted for development providing:

  1. External lighting proposals avoid unnecessary light pollution beyond the specific area intended to be lit.
  2. The level of airborne pollutants caused by the proposed development does not exceed statutory guidelines, unless appropriate mitigation measures are agreed.
  3. Noise and smell that is detrimental to neighbouring and/or local amenity is kept to a practical minimum; appropriate means of assessment may be required.
  4. Appropriate pollution control measures are incorporated where necessary to protect both ground and surface waters.

Applicants will be required to supply convincing supporting evidence (from a relevant and suitably qualified professional) that any actual or potential pollution can be overcome through appropriate remedial, preventative or precautionary measures.

Where appropriate, the Local Planning Authority will consult the Health and Safety Executive on applications near “notifiable installations” (examples include high pressure gas mains and over head-power cables). The determining factors are the distance, risks and nature of the proposals.

Relationship to other plans

Planning Strategy (2012):

Objectives:

  1. Ensure everyone has the opportunity to live in a decent home, which they can afford, in a community in which they want to live
  2. Safeguard and improve the town’s environment
  3. Addressing the impacts of climate change
  4. Supporting sustainable communities

Policies:

SC1: Overall Strategy for Managing Change in a Sustainable Way
SC2: Design and Access Statements

Water resources

2.32 The use and management of water resources (rivers, lakes, wetlands, underground aquifers etc) in Hastings and how developments might affect them are matters that need to be taken into consideration, in accordance with guidance from the Environment Agency.

(1) 2.33 Flood Risk as an issue is covered by Policy SC7 of the Planning Strategy.

2.34 The availability of water resources and the impact of increased abstraction on environmental water needs (i.e. those of rivers, wetlands and estuaries, including the needs of navigation, fisheries, recreation and nature conservation), as advised by the Environment Agency, will be taken into account in the determination of development proposals. Potential impacts on Marine Conservation Zones (MCZ) will also be assessed in consultation with the Joint Nature Conservation Committee and Natural England. More information is available at: http://jncc.defra.gov.uk/

2.35 Policy DM7 sets out the expectation of the Council in the specific circumstances of development that has the potential to have an impact on water resources. Pollution of water resources by hazardous and non-hazardous substances is dealt with in Policy DM6 above.

(1) Policy DM7 – Water Resources

The protection of ground water sources and reserves (rivers, lakes, reservoirs and underground aquifers) is important. Therefore, development that would threaten the quantity and quality of ground water resources will be opposed. Development will not be permitted within areas where there is significant risk to ground water resources in accordance with the records of the Environment Agency.

Development may have a local impact upon water resources in Hastings. In considering planning applications, the Council will have regard to the impact of the development on overall availability of water in the town. This particularly will be the case where the end user will have an abnormally high water consumption, for example, as part of a manufacturing process. Consideration will also be given to possible environmental effects of development. The Council will seek to ensure that development does not cause unacceptably low river flows or the drying out of wetlands on or off the site. In order to assess the impact of a development on water resources, in appropriate cases the Council will seek advice from the relevant body, the Environment Agency or Southern Water

Any proposal that may have an impact on a Marine Conservation Zone (MCZ), as designated by the relevant government department, must include an assessment of the potential impacts by a relevant and qualified professional, for consideration by the Council. Where appropriate advice will be sought from Natural England.

Relationship to other plans

Planning Strategy (2012):

Objectives:

  1. Safeguard and improve the town’s environment
  2. Addressing the impacts of climate change
  3. Supporting sustainable communities
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