"A Borough for Success"
Rugby Borough Development Plan
Adopted Local Plan - July 2006 - Written Statement - Chapter 7
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HOUSING
7.1 The Warwickshire Structure Plan sets an overall housing requirement for the Borough of 6100 new houses between 1996 – 2011. At April 2004, approximately 3000 of these houses had been built. Therefore this chapter sets out how the remaining houses will be delivered in a manner which seeks to reflect the objectives of this Local Plan. In addition the Regional Spatial Strategy (2004) indicates a housing requirement to 2021 and this Local Plan seeks to ensure that sufficient provision is made to at least 2016.
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Provision will be made for the completion of a maximum of 3710 new dwellings in Rugby Borough in the period 2004 – 2016. |
Explanation
7.2 The WASP requirement for new dwellings during the plan period takes into account the demand for new dwellings derived from local needs and also the demand created by migration from Coventry. It is the latter which actually forms the largest element of Rugby’s overall housing requirement.
7.3 The Regional Spatial Strategy requirement introduces a reduced overall housing requirement for the period to 2021. From 2007, it is expected that a ‘step change’ should take place in the region whereby the majority of developments are concentrated on the major urban areas. Therefore, Rugby’s reduced requirement reflects this step change and assumes that net out migration from Major Urban Areas such as Coventry can be stemmed. This Local Plan also reflects the fact that the RSS requirement for Rugby is a maximum requirement. Table 4 below indicates progress that has been made towards meeting the Regional Spatial Strategy requirement.
Table 4: Progress to meeting Regional Spatial Strategy requirement to 2016
| 1. RSS requirement 2001 – 2016 | 4950 |
| 2. Required annual rate of house building | 330 |
| 3. Dwellings built 2001 – April 2004 | 1246 |
| 4. Actual annual rate of house building 2001 – April 2004 (3 years) | 415 |
| 5. Dwellings needed to be completed April 2004 – 2016 (12 years) | 3704 |
| 6. Required annual completion rate April 2004 – 2016 | 308 |
7.4 Table 4 shows that, with an expected adoption date of 2006, this Local Plan should seek to ensure sufficient provision is made for housing development, in accordance with RSS requirements, to 2016. In order to achieve this, it is necessary for the Local Plan to identify provision for a maximum of 3710 new houses between 2004 – 2016. The Council will continually monitor progress towards this target, and institute appropriate action to deal with any significant variation from the planned progress.
Table 5 – Provision for house building 2003 – 2011
Table 5(i)
| Rugby Long Lawford Dunchurch |
Main Rural Settlements | Other | Total | |
| Existing provision | ||||
| - Dwellings under construction on previously allocated sites @ April 2005 | 163 | 16 | 179 | |
| - Dwellings permitted on previously allocated sites with remaining capacity @ April 2005 | 1249 | 109 | 0 | 1358 |
| Total of existing provision | 1412 | 125 | 0 | 1537 |
Table 5(ii)
| Rugby Long Lawford Dunchurch |
Main Rural Settlements | Other | Total | |
| Local Plan Review Provision | ||||
| - Anticipated capacity of allocated sites | 1100 | 0 | 0 | 1100 |
| - Brownfield windfall allowance April 2005 – 2016 | 550 | 220 | 0 | 770 |
| Allowance for rural ‘local need’ sites | 55 | 27 | 82 | |
| - Total of proposed provision | 1650 | 275 | 27 | 1952 |
Table 5(iii)
| Rugby Long Lawford Dunchurch |
Main Rural Settlements | Other | Total | |
| Total Provision for new housing | ||||
| - Requirement to meet RSS 2005 - 2016 | - | - | - | 3380 |
| - LPR Provision 2005 - 2016 | 3062 | 400 | 27 | 3489 |
| Balance of provision 2001 - 2016 | <3% |
7.5 As Table 5 shows, the Local Plan is able to identify provision for new houses to meet the overall Borough requirement to 2016. Updates to Table 5 will be published in the Council’s Annual Monitoring Report (AMR). The Balance of provision is in excess of the Regional Spatial Strategy requirement. However this is considered necessary at this stage in order to ensure that overall completions meet the necessary level. As later policies of this Plan will show, the sites allocated for housing are all large, previously developed sites whose development for housing is unlikely to be straightforward. The Council also intends to produce a Masterplan for the sites within the Leicester Road area, see Policies A1 and A2. Therefore it is considered an excess of identified housing within this plan is appropriate at this stage subject to a review of the distribution of projected growth and related housing development requirement in Warwickshire and ongoing monitoring of housing consents and completions. The calculation of windfall and local needs allowances are derived from a study of past performance, modified by expectations of the impact of the policies of the Plan. Thus, windfalls in both urban and rural areas are expected to be significantly lower that in previous years, while rural local needs provision will primarily relate to affordable housing.
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The net density of residential development should be at least 30 dwellings per hectare. Residential development with a net density significantly higher than 30 dwellings per hectare will be encouraged where it: (i) contributes to a more sustainable pattern of development
by being close to a concentration of employment, a town or village
centre or a public transport service; or Principal cross references: H3, H10, H11, H12, H14, H17, A1, A2 |
Explanation
7.6 A key element of the Local Plan Review strategy is to ensure an efficient and sustainable use of land. It is important that development land is maximised as this in turn can help to sustain local services and public transport.
7.7 In particular, the Council is keen to optimise the efficient use of land which is within easy access of services and facilities and would be able to provide those that eventually live there with a viable means of transport other than the private car. Therefore, whilst Policy H2 would allow for net densities of at least 30 dwellings per hectare, applicants will be encouraged to provide significantly higher densities within the High Access Zone as shown in Appendix 3 (parking standards) and elsewhere in appropriate locations.
Explanation
7.9 The sites allocated in Policy H3 were identified in the Council’s Urban Capacity Study and are considered to be suitable for residential development through the Plan period. Each of the sites is previously developed. All of the sites are likely to have an cumulative impact on junction 1 of the M6 and therefore a Transport Assessment will be required before any planning permission can be issued to ensure that there is no adverse impact on highway capacity. Sites H3.1 and H3.2 are also subject to a separate policy in this plan, Policy A1.These sites are part of a larger area considered suitable for redevelopment. This area of Rugby is considered to offer a great potential to meet the needs of the town and the Borough to 2016. A redevelopment on the scale envisaged would also be the largest ever redevelopment in the town.
7.10 A vital element in delivering a redevelopment of these sites is the provision of new housing. A general access can be provided to the sites from both Leicester Road and Mill Road. It is also expected that a redevelopment of site H3.1 would deliver a relief Road between these two key routes into the town. It may also be necessary for a further access to be considered to the north of site H3.2.
7.11 Previous uses at the sites are known or strongly suspected to have caused some degree of contamination and as such assessment of this contamination should also be made prior to applications being submitted. The River Avon runs through the northern part of site H3.1 and an ordinary watercourse through site H3.2, it is therefore essential that a satisfactory flood risk assessment is undertaken and agreed for these sites prior to planning applications being submitted. Iimprovements to the area surrounding the river in terms of its appearance, accessibility and conservation and enhancement of wildlife habitats will be considered as part of the overall requirement to provide open space. These assessments will enable a full understanding to be gained of the constraints posed to the development and for these to be fully taken into account in the development proposals.
7.12 Site H3.3 is situated on the southern side of the railway line close to the town centre. The site is also subject to a separate policy, A2 which also clarifies that development Framework Document will also be produced. The site offers attractive redevelopment prospects for both residential and, due to its proximity to the town centre and Rugby station, office/commercial uses. This is considered further in Policy ED2.
7.13 Due to its proximity to the allocated sites to the north of the railway line and the implications for traffic and transport which may arise through the redevelopment of each of the sites, a master-planned approach to the redevelopment of these sites will be encouraged.
7.14 Site H3.4 is a further site to the south of the railway line, in close proximity to the town centre. The site is likely to be available within the plan period as a result of the relocation of Warwickshire College. It is expected therefore that completions from this site will be unlikely to contribute to overall housing provision until the end of the period to 2016. It is possible that some contamination could exist at this site, if so remediation will be necessary.
7.15 In addition to the allocated sites within the urban area suitable windfall sites will be encouraged provided they accord with other policies of this plan. This includes the use of vacant or derelict land, conversions and redevelopment of sites.
Policy H4 – Reserve housing sites The following sites are identified to meet longer term
housing needs should the sites allocated in policy H3 fail to provide
for the identified housing within the Plan period. Any development
that would prejudice the long term use of the sites for housing
will not be permitted.
Principal cross references: H2, H11 |
Explanation
7.16 The housing provision made in this Plan is intended to cover the period to 2016. In order to ensure an appropriate degree of flexibility however, and having regard to some of the constraints identified with the allocated housing sites, it is considered appropriate to identify reserve sites. The reserve sites identified are in sustainable locations having regard to the settlement hierarchy. However they are Greenfield sites and therefore will only be released for development before 31st March 2016 if there is a significant under provision of housing land. The Council will monitor through its annual monitoring report the rate of development and land availability against the provision of the Local Plan.
7.17 Whilst the sites identified in Policy H4 are considered to be suitable sites for housing development, under normal circumstances the Council will expect that they will only be released following a review of the Local Plan / Local Development Framework. It may also be that through this process, further previously developed sites in sustainable locations can be identified in which case this could further delay the likely development date of the sites in Policy H4. In addition, the Council will only seek to release sufficient land from the reserve sites to meet any projected shortfall.
Policy H5 – Safeguarded housing land The following sites, as defined on the Proposals Map, will be safeguarded to meet the possible longer term needs of the area beyond 2016
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Explanation
7.18 Safeguarded land comprises areas and sites deleted from the green belt that may be required to serve development needs in the longer term, i.e. well beyond the Plan period, in order to ensure that green belt boundaries have a high degree of permanence. The land is not allocated for development at the present time and will be kept free to fulfil its purpose of meeting possible longer term development needs. No development which would prejudice the later comprehensive development of safeguarded land will be permitted.
7.19 The sites indicated in Ryton-on-Dunsmore [H5.4] and Wolston [H5.3] are protected to ensure that any potential long term needs of these communities, particularly in their relationship to Coventry, would be met, if this should prove necessary. It is not envisaged that these sites would be developed in the longer term to meet the more general development requirements of the Borough.
Policy H6 – Affordable Housing In Policy S1 locations [other than those allocated in policy H3] affordable housing should be provided on all sites of at least 0.2 hectares in size and/or capable of accommodating at least 6 dwellings. On sites up to 1 hectare in size and/or capable of accommodating fewer than 30 dwellings, a target affordable housing provision of 33.3% will be sought. On sites exceeding 1 hectare in size and/or capable of accommodating 30 or more dwellings, a target affordable housing provision of 40% will be sought. In all cases the Council will seek to ensure that the affordable dwellings provided will be maintained as such for subsequent occupiers for as long as possible. Principal cross references: H10 |
Explanation
7.20 Affordable housing is housing provided on a range of tenures at lower than normal market rates for those in need and unable to compete in the housing market, because of insufficient income.
7.21 Policy H.2 of the WASP indicates that provision for around 2,700 affordable dwellings should be made in Rugby between 1996 – 2011, although the exact proportion provided should be informed by a local Housing Need Survey. John Herington Associates carried out a Housing Needs Survey for the Borough Council in 2001. This indicates a need for between 3,101 to 4,358 affordable units during the period 2001 – 2011.
7.22 Given that around 80% of Rugby’s overall housing requirement has already either been developed or is committed, it is clear that the Local Plan will not be able to achieve the figures set out in the WASP or the Housing Needs Survey. The HNS was updated in 2005.
7.23 The Council will set out the levels of affordability in Rugby’s context and seek to clarify the types and tenures of properties which should be provided to meet housing needs. This will be set out in a Supplementary Planning Document (SPD).
7.24 It is important however, that the Local Plan should provide a base for the operation of the SPD. It is considered that in order to reflect the priority assigned to achieving the development of affordable housing that an element of affordable provision should be sought on the majority of housing sites in the Borough.
7.25 Whilst the indicative figures set out in the WASP and those set out in the Housing Needs Survey would indicate a justification for the Council to seek 100% affordable housing provision on remaining sites, it is important that the Local Plan sets a target which is both realistic and achievable.
7.26 Policy H3 of this Local Plan sets targets for affordable housing provision on those sites allocated for housing during the Plan period. On those sites allocated in Policy H3 a provision of 33.3% affordable housing would be sought. Policy H6 shall only apply to those sites which come forward during the plan period and have not been allocated in this plan.
7.27 On housing sites in Policy S1 locations (other than those allocated in Policy H3) of more than 1 hectare and/or capable of accommodating 30 or more dwellings, an affordable housing provision target of 40% is considered necessary. This is primarily because the development of these larger sites would have significant impacts on the overall housing supply situation in the Borough and it is likely such a development would lead to the Borough significantly exceeding the Regional Spatial Strategy housing requirement to 2016. Whilst the Council expects that large scale developments of this nature are unlikely to come forward other than those allocated in this plan, any that do would need to be justified on the basis that they would be providing much needed affordable housing. On sites below this size but larger than 0.2 hectares and/or capable of accommodating at least 6 dwellings, a category into which the majority of windfall sites is likely to fall, a target of 33.3% is considered to be appropriate.
7.28 The exact mix of type and tenure within these targets including any special needs housing will be guided by the Council’s SPD on affordable housing.
7.29 In circumstances where the provision of the targets set out in Policy H6 is likely to threaten the financial viability of development schemes, the Council will consider a reduced target. However, it is for the applicant to demonstrate that the viability of the scheme would be vulnerable. This would normally be done through the submission of a comprehensive financial appraisal of the proposed scheme, together with details of the financial model used, which the Council would be able to have independently assessed.
7.30 Policy H6 only applies to proposals for residential units in the urban area and Policy S1 locations. Outside these locations, development proposals will be subject to a separate policy approach.
Policy H7 – Rural Exceptions Policy In exceptional circumstances, the development of affordable dwellings to meet identified local housing needs may be permitted adjacent to settlements as defined on the Proposals Map, where residential development would normally be resisted, provided that: a) It is demonstrated that no suitable sites exist within
appropriate settlements; and Principal cross references: H14, H17, H20, H21 |
Explanation
7.31 Sufficient land is allocated to meet the housing requirements of the Borough. However it is acknowledged that in the rural areas of the Borough, where large housing releases are not appropriate, there may be a need to make provision for the release of further land to provide for affordable dwellings, in addition to that required and identified for general housing provision. The Council will set out the levels of affordability in Rugby's context and seek to clarify the types and tenures of properties which should be provided to meet housing needs. This will be set out in a Supplementary Planning Document (SPD).
7.32 The nature and extent of the need for affordable housing to serve a particular community will require justification through a local housing needs assessment. Where a genuine need can be demonstrated, as an exception to other housing policies of this Local Plan, sites immediately adjacent to settlements with adequate local services and facilities or with convenient access to such facilities will be considered for the purposes of providing affordable housing.
7.33 It will be necessary to ensure that a settlement has access to the necessary infrastructure and facilities to support such a development. In practice therefore, some settlements in the Borough are likely to be ruled out as appropriate settlements to accommodate further housing due to the limited services and facilities which would be available to prospective new residents. The role of Parish Appraisals in assessing the suitability of settlements will be important.
7.34 To ensure that any affordable housing schemes are seen and accepted as serving local needs, the number of dwellings permitted should not exceed the proven local need. General market or cross subsidised housing are not considered to fall within the scope of this policy.
7.35 The management and occupation of the properties will need to be controlled by way of a legal agreement to ensure that the homes are used only to meet the identified local need. Occupancy of the houses will therefore be restricted in perpetuity to households with a strong connection to the parish or parishes concerned.
7.36 Permitted development rights will be withdrawn to prevent such development being enlarged or altered in a way which will change its affordability to future occupiers.
Policy H8 – Residential extensions Extensions to existing dwellings will be approved provided that they respect the scale and character of the existing building, the surrounding area and the amenities of nearby residents. Principal cross references: H15, H16, H18, H19, H21, H22, ED12 |
Explanation
7.37 The principle of residential extensions within the countryside is considered under Policy H20. The extension of existing dwelling houses can have a significant effect on the character of the building and the surrounding area and on the amenities of nearby residents in both built up areas and the countryside. The Council will produce a Supplementary Planning Document on the design of extensions to ensure that residential extensions are sympathetic in scale, location and character, provide adequate levels of privacy and amenity and protect the quality of the built environment.
Policy H9 – Retention of existing residential properties Proposals for the change of use of existing residential accommodation to non residential use will only be permitted where the proposal would provide a quality, development, which respects the character of the area and does not have an adverse impact upon the living conditions of nearby residents. |
Explanation
7.38 Within residential areas, the change of use of residential property to commercial use will not normally be permitted. There are pressures for changes of use from residential to other uses, such as offices or other commercial uses. It is recognised that in some instances this may be acceptable. For example, large Victorian dwellings can often make a positive contribution to the street scene and may provide an ideal opportunity to promote mixed use development in a residential area whilst also protecting the fabric of the building.
7.39 In all cases, the amenity of neighbouring properties and local residents must be protected and the character of the area must not be adversely affected.
Policy H10 – Backland development Backland housing development will only be permitted where: 1. A satisfactory vehicular access can be provided; and Principal cross references: H2, H6 |
Explanation
7.40 Backland development refers to development to the rear of existing properties usually in large back gardens. Backland development in appropriate locations can be acceptable provided that it does not lead to the loss of amenity of existing residents. However, many open spaces also contribute towards the general amenity of an area and their development may lead to over development. On the edge of settlements, where large gardens extend into the countryside, backland development could adversely affect the settlement edge and the settlement setting.
Policy H11 – Open space provision in residential developments in the urban area In the Rugby urban area planning permission will be granted for residential development on sites of 0.2 hectares or more and/or capable of accommodating 6 or more dwellings, where appropriate open space provision is made in accordance with the standards set out in Policy LR1. All such developments will be expected to provide adequate amenity greenspace in accordance with Policy LR1. Principal cross references: H2, H3, LR1, LR5, A1, A2 |
Policy H12 – Open space provision in residential developments in the rural area Outside the Rugby urban area planning permission will be granted for residential developments on sites of 0.2 hectares or more and/or capable of accommodating 6 or more dwellings, where appropriate open space provision is made in accordance with the standards set out in Policy LR1. All such developments will be expected to provide adequate amenity greenspace in accordance with Policy LR1. Principal cross references: H2, H3, LR1, LR5, A1, A2 |
Explanation
7.41 New housing development will be expected to ensure that sufficient recreational space and facilities are provided to meet the needs of prospective residents. In the majority of cases, the Council expects provision to be made on site as an integral part of the development as this is clearly the most sustainable option. It should be an appropriate type to serve the needs of the development, and in a location well related to the proposed dwellings. Exceptionally, where all or part of the provision needs to be made off site, a financial contribution may be appropriate to allow for facilities to be provided or improved in a suitably accessible location. Off site contributions will only be accepted where the proposed development would be of insufficient size in itself to make the provision of certain types of open space feasible within the site, e.g. outdoor sports facilities, or where it is clearly demonstrated that there would be overriding benefits to the community of making an off-site contribution.
7.42 In all cases, the off site contribution should be commensurate with the scale of provision that would otherwise have resulted through either Policy H11 or H12.
7.43 Policy LR1 sets out the Council’s open space standards, which are the result of an Open Space Audit carried out by consultants following guidance in PPG17. The standards set out the amount of open space provision, broken down into categories, which is considered necessary to maintain acceptable levels within the Borough. In adopting this approach, the standards should be regarded as setting a minimum level of provision. Indeed it would be desirable in many cases for the standards to be exceeded. These policies however do not preclude the Council seeking of other types of open space where circumstances justify it.
7.44 The Council does not consider it reasonable, or indeed deliverable to expect residential developments to provide for every category of open space as set out in the local standards in Policy LR1. It is however, considered reasonable for residential developments to make provision for those areas of open space upon which the prospective residents of the new development would have an impact and create additional demand for. It is these areas which are included in Policies H11 and H12.
7.45 The current levels of provision of open space in the Borough generally fail to meet the standards set out in Policy LR1. The situation is particularly acute within the urban area of Rugby. Consequently, any new housing is likely to create additional demand for such facilities. Open space provision of amenity greenspace will be a requirement on all residential development of 6 dwellings or 0.2ha or more. Other open space provision or financial contributions will only be sought where deficiencies, in terms of quality, quantity or distribution, have been identified through the Open Space Audit. In certain cases, particularly outside of the urban area, proposed development may not place any further demand for open space or place any demands on the open space network nearby.
7.46 Although the provision of adequate areas of play space is a vital community requirement it is not, on its own, the complete answer. To be used effectively, proper distribution and location, as well as ease of access, are essential. If the facilities are too far from the homes of potential users or too inaccessible, their purpose is largely defeated. Three categories of play area are identified by the NPFA standard produced in 1992. These are:
• Local area for play (LAP)
• Local equipped area for play (LEAP)
• Neighbourhood area for play
The Council through its commitment to sustainable play is working towards LEAP and NEAP standards but not LAP’s. Many other Council’s of a similar size endorse this approach since this type of play area has a tendency to develop pockets of anti-social behaviour. Further information can be found in Rugby Borough Councils Play Policy 2003-2008.
The Council will follow as closely as possible the advice given by the NPFA concerning the siting and design of play areas.
7.47 The standards set out in Policies H11 & H12 are based on an average household size in Rugby of 2.35, and are calculated as follows:
• Average household size in Rugby was 2.35 persons in 2001 and
the housing density adopted in this Local Plan is 30 dwellings per hectare;
• Therefore for every hectare developed it is estimated that there
will be a minimum of 71 residents (2.35 x 30)
7.48 In making decisions with regard to open space provision consideration will be given to the Council’s adopted Contaminated Land Strategy. The Borough Council’s ability to take on the costs of maintaining public open space is limited. It will, therefore, require alternative arrangements to be entered into by the applicant to ensure ongoing maintenance. This may be through an agreement with a Parish Council or by levying a service charge on each dwelling.
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Proposals for the provision of permanent gypsy sites will only be permitted where all the following criteria are met: 1. There is a significant unmet need for further provision
within the Borough which cannot be met from suitable alternative
sites; and |
Explanation
7.49 Local Planning Authorities are required to have regard to the need to provide accommodation for gypsies as set out in Circular 1/94 and PPG3. There are currently 7 authorised private gypsy sites within the Borough.
7.50 The Council is currently undertaking a needs survey to address the specific needs of travellers and occupiers of mobile homes. Currently there are vacancies at existing sites and the interim findings of the survey suggest that there is no need for further sites at present. If however a need arises and their appears to be a significant deficiency in accommodation, then small scale proposals may be permitted as an exception to the normal policies of restraint over development in the countryside. However, where new sites are permitted it is important that they would not cause harm to features of acknowledged importance and that the sites have convenient access to services and facilities. In addition before new sites are permitted, the Council must be satisfied that the need for new accommodation cannot be met from more suitable alternative sites. In assessing the suitability and availability of alternative sites, the Council will adopt a partnership approach with other Local Authorities in the area.
Housing outside the Rugby Urban Area
7.51 The following policies and supporting text set out the Local Plan’s approach towards new housing, residential conversion and subdivision in the rural area. This includes both developments within villages and in the countryside. The context for this approach is that within villages, housing is generally acceptable where it is demonstrated to be meeting a local need. Elsewhere in the rural area, generally more restrictions apply.
Housing within rural settlements
7.52 Policy S3 of this Local Plan sets out the process for controlling new housing and employment developments within rural settlements. The following policies build upon this guidance.
Policy H14 – Housing developments outside Rugby Urban Area Outside the Rugby urban area, proposals for limited residential development will be permitted within the Main Rural Settlements defined in policy S3 and Long Lawford and Dunchurch, provided that the site: a) Is less than 0.2 hectares in area and/or capable of
accommodating no more than 6 dwellings; Proposals within Long Lawford that do not accord with the above will only be permitted where they comply with Policies S1, S2 or H4. Proposals within Dunchurch that do not comply with the above will only be permitted where they comply with Policies S1 and S2. Proposals within Main Rural Settlements as defined in Policy S3 that do not accord with the above will only be permitted where it is demonstrated that they meet an identified local need. Proposals within the Local Needs Settlements defined in Policy S3 will only be permitted where it is demonstrated that they meet an identified local need. Principal cross references: H2, H8, H10, H12, H15-H19 |
Explanation
7.53 The approach of the Local Plan is to concentrate the majority of developments in the Rugby Urban Area. Beyond that, it is proposed to allow developments in the most sustainable locations. Therefore, Policy H14 seeks to allow small scale windfall developments in Long Lawford, Dunchurch and the Main Rural Settlements. These settlements, outside of the urban area are considered to be those which offer the greatest sustainability benefits. The approach of this Local Plan is to limit the amount of new development in rural locations to that which is meeting local needs. The Council recognises however that local needs development comprises more than just affordable housing. Therefore Policy H14 proposes to allow small scale housing schemes in sustainable rural locations to ensure that local needs can be met. Where a Parish Plan (or equivalent) has been produced by a local community the Council will consider this as a material consideration in the determination of planning applications in rural locations. In particular where a Parish Plan exists the Council will expect applicants to show how their development is meeting the requirements of the Parish Plan in accordance with Policy GP16. Where the Parish Council has undertaken a local needs survey, in accordance with Borough Council guidance, it will be necessary for a developer to show that meeting an identified need is unviable before market housing would be considered. Additionally, the Council is concerned that where development is proposed, there should be a comprehensive approach towards the development of sites. Therefore it will not be acceptable under this Policy for large areas of land to be subdivided to meet the criteria of this policy. Also, the Council does not wish to sterilise large areas of land which could be available in Long Lawford, Dunchurch and the Main Rural Settlements to meet identified local housing or non-residential needs. Therefore when proposals are brought forward, particularly where proposals are based on rear gardens of properties, the applicant should demonstrate that it would not be appropriate to also include adjacent areas of land within the application site. Such a demonstration will need to consider both the availability of adjacent plots and also the impact on the character of the area if those were to be developed. This approach is designed to ensure that appropriate areas of land within these settlements are maintained to meet identified local needs, but also to minimise the effects of development on local communities.
7.54 Proposals for housing developments outside of these sustainable locations but within defined Local Needs Settlements, or for large scale developments within the Main Rural Settlements will be required to demonstrate that there is an identified local need within the settlement. The Borough Council has produced a companion guide in support of this approach to indicate how planning applications for rural housing developments will be considered. It is worth emphasising however, that as the Local Planning Authority, the Borough Council is responsible for making decisions on planning applications. Therefore in the absence of a Parish Appraisal (or equivalent document) the Council will consider applications in the light of all submitted evidence. However it is expected that where a Parish Appraisal has not been prepared, applicants will prepare their proposals taking into account the Borough Council’s companion guide.
Policy H15 – Residential conversions of buildings in Main Rural Settlements Within the Main Rural Settlements identified in Policy S3 and the defined settlements of Long Lawford and Dunchurch, the change of use or conversion of existing buildings to residential use will only be permitted where the following criteria are met: 1. The building is suitably constructed of good quality
worthy of retention by virtue of its historical or architectural
interest or its contribution to the character of the area; Principal cross references: H8, ED9 |
Explanation
7.55 Within the Main Rural Settlements, existing buildings which may have potential for conversion can play an important role in meeting the needs of local communities. They are located in relatively sustainable locations and they can contribute towards meeting the needs of local communities which in turn can help to prevent unnecessary release of Greenfield sites to meet local needs.
7.56 However it should be recognised that such buildings were generally designed for a specific purpose and may not always be appropriate for the proposed new use. They should therefore be suitably constructed, good quality buildings, which will usually be those of traditional character, reflecting the local distinctiveness of the area. In assessing a buildings contribution to the character of an area the Council will take into account any historical or architectural interest. Additionally, the building should be capable of conversion to provide satisfactory accommodation with little change to their character, appearance and setting.
Policy H16 – Subdivision of existing dwellings in Main Rural Settlements Within the Main Rural Settlements identified in Policy S3 and the defined settlements of Long Lawford and Dunchurch, the subdivision of existing dwellings to create additional dwellings will be permitted. Principal cross references: H8 |
Explanation
7.57 In much the same way as conversions in sustainable rural locations can contribute towards meeting the local needs of rural communities, sub-division of existing dwellings can also assist in meeting this need. Therefore, provided all other policy provisions are met within these locations, the general principle of sub-dividing existing dwellings in these locations is appropriate.
Housing in the countryside
Policy H17 – Housing in the countryside New housing development in the countryside will be resisted in order to conserve the character and appearance of the area and to meet sustainable development objectives. Principal cross references: H7, H14, H18-H22 |
Explanation
7.58 The countryside of Rugby represents a significant natural asset to the Borough. Protection of this asset accords with Government Guidance which requires that the countryside should be safeguarded for its own sake. The fact that a single house on a particular site would be unobtrusive is not by itself a good argument: it could be repeated too often. In addition a key objective of this plan is to provide sufficient land in locations which relate to the availability of existing services and facilities to meet the anticipated future needs for new housing. In general therefore, new housing in the countryside will be resisted because of the need to protect the countryside and to meet sustainable development objectives.
Policy H18 – Residential conversions of buildings in the countryside and Local Needs Settlements In the countryside and local needs settlements, the change of use or conversion of existing buildings to residential use, will only be permitted where: 1. The building is of suitable construction and is worthy
of retention through its historic or architectural interest or its
contribution to the character of the area; and Principal cross references: H7, H17, H19, H20, H22, ED11, ED12 |
Explanation
7.59 Residential conversions have a minimal contribution to make to the local economy and can place additional demands on public services because of their isolated location. New housing in the countryside is not normally appropriate and similar principles apply to proposals for residential conversions of existing rural buildings, especially where such buildings are unsuitable for conversion without extensive alteration, rebuilding and/or extension.
7.60 In the countryside, conversion to uses which create employment will be preferred. It will be necessary for the applicant to demonstrate that the building cannot be developed for employment use before consideration will be given to residential use. A building may be physically unsuitable for employment use because for example of its particular character or location, or there may be no demand for such employment opportunities in the locality. If lack of demand is put forward as the reason that the building cannot be developed for employment use, the Council will expect proof that the property has been appropriately marketed over a reasonable period of time, at a price consistent with its use for employment purposes, and that no reasonable offer has been refused. Such evidence will be strengthened when it is substantiated by a professional body and/or a firm of Chartered Surveyors. Where evidence is submitted in support of an application, the Council may seek the views of such bodies as the Countryside Agency, in order to gauge whether the building has any potential as a viable employment generating enterprise. Inadequate return on investment will not by itself be sufficient justification to demonstrate that the building cannot be used for employment.
7.61 In considering the conversion of existing buildings to residential use the Council is seeking to preserve the character and heritage of the Borough. It is therefore essential that the existing building should be of a good quality and structurally capable of conversion. If there is any doubt concerning the structural condition, evidence of this will be required to be provided by the applicant in the form of a written report by an appropriate qualified professional.
7.62 The detailed design of the conversion must retain the existing character of the building and therefore new extensions as part of the conversion must comply with other policies in this plan.
Policy H19 – Subdivision of existing dwellings in the countryside and Local Needs Settlements In the countryside and Local Needs Settlements, the subdivision of existing dwellings to create additional dwellings will only be permitted where: 1. The building is of good quality and is worthy of retention
through its historic or architectural interest or its contribution
to the character of the area; and Principal cross references: H7, H17, H20, H21 |
Explanation
7.63 Much like the contribution that residential conversions can have in the countryside, the subdivision of existing dwellings is also considered to have a minimal contribution. Whilst subdivision may be argued to present an opportunity to use a resource more efficiently, in practice it is considered to be an intensification of an inappropriate use in the countryside.
7.64 Therefore proposals for subdivision of existing dwellings in the countryside will only be permitted where in the opinion of the Local Planning Authority, the existing dwelling is of sufficient quality to merit is retention and the applicant has been able to demonstrate that the present form is no longer viable. In assessing the quality of the building and the contribution a building may have to the character of an area, the Local Planning Authority will have regard to the following:
• Whether the building in question is listed or within the setting
of a listed building
• Whether the building in question is within a conservation area
• Whether the building has been identified through a local appraisal
as being of particular quality
• The relationship the building has with other buildings in the
vicinity
• The design and materials of the original building
7.65 Provided the building is considered to be of sufficient quality to be worthy of retention, applicants will be expected to demonstrate that the building’s present form is no longer viable. Such a demonstration is likely to involve the marketing of the property for a period of at least 12 months at a price which reflects its current value and that no reasonable offer has been refused.
Policy H20 – Housing for rural businesses Proposals for a permanent dwelling, either by new build or conversion, for occupation by a person engaged in an agricultural operation, or another form of use that can only reasonably be located in the countryside, will only be supported if all of the following criteria are met: 1. There is a clearly established functional need for a
dwelling; The size of any such dwelling should be commensurate with the established functional requirement. Dwellings that are unusually large in relation to the needs of the unit, or unusually expensive to construct in relation to the income it can sustain in the long-term will not be permitted. Any permission granted will be subject to an ‘occupancy’ condition. The variation or removal of such a condition will only be granted if it is clear that its original purpose is obsolete and no longer required. Principal cross references: H17, H18, H19, ED12, ED14 |
Explanation
7.66 There are still occasional circumstances where a new house in the countryside may be required for genuine and justifiable reasons for the efficient functioning of agriculture or forestry. In addition, other sustainable rural businesses, such as leisure and tourism uses, which are dependent on their rural location may be able to demonstrate an essential functional need for people engaged in them to live at or very close to the site of their work.
7.67 In such circumstances applicants must be able to demonstrate why an exception to the general policy of housing restraint in the countryside should be made. Such a justification will be strengthened where it is substantiated by an independent body. The applicant will be required to demonstrate that the demands of the farm or the rural business, make it essential for one or more of the people engaged in this work to live at or very close to the site of that work. In assessing such proposals the Council will seek to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available at most times. The protection of livestock or property from theft or damage will not by itself be sufficient to justify the need for a new dwelling. Nor can agricultural needs justify the provision of new dwellings as retirement homes for farmers or farm workers.
7.68 Where a justifiable need is established dwellings should be of a size commensurate with the established requirement. Dwellings which are unusually large in relation to the needs of the business will not be appropriate. It is the requirements of the enterprise, rather than those of the owner or occupier, that are relevant in determining the size of dwelling that is appropriate to a particular holding.
7.69 Where an exceptional need to provide accommodation has been established it will be necessary to ensure that the dwellings are kept available for meeting this need in the future. To achieve this, planning permission will normally be subject to a conditions and/or a planning obligation restricting occupancy.
7.70 In appropriate circumstances, planning obligations may be used to tie a dwelling to adjacent farm buildings, or the enterprise as a whole, to prevent them being sold separately without further application to the Council.
Policy H21 – Replacement dwellings in the countryside and Local Needs Settlements. In the countryside and Local Needs Settlements, the replacement of dwellings will be permitted provided all of the following criteria are met: 1. The new building is not materially larger than the building
it replaces; and Principal cross references: H17, H22 |
Explanation
7.71 Generally stricter policies apply to development proposed in the countryside. Under some circumstances however development need not be inappropriate. For example, it may be necessary to replace an existing building in some circumstances because of structural faults or damage by fire or flood.
7.72 In order to reflect the character of the original building and to retain the existing housing stock in the countryside, replacement buildings should not be materially larger than that which they are replacing. In practice, it is considered that a rebuild which would be in excess of what would otherwise have been allowed under permitted development rights should be regarded as materially larger. Permitted development rights are likely to be removed by condition from the new building when granting planning permission.
7.73 New housing development is strictly controlled in the countryside. Therefore a replacement dwelling will only be permitted where evidence is provided that this was the current lawful use of the building when it was demolished, i.e. the residential use has not been abandoned.
Policy H22 – Extensions to houses in the countryside and Local Needs Settlements Extensions to residential properties in the countryside, and Local Needs Settlements will be allowed where the proposals are sympathetic to the scale and character of the original building and do not substantially increase its size. Proposals which result in disproportionate additions over and above the size of the original building will not be permitted. Principal cross references: H8, H18, H19, H21, ED12 |
Explanation
7.74 In common with the Borough as a whole, rural areas face increasing demand for housing due in part to the reduction in household size. It is therefore necessary to ensure that the range and type of dwelling stock in the countryside is maintained in order to meet the varying needs as well as to maintain the overall character and appearance of the property. Improvements to existing dwellings are welcomed provided they are in keeping with the character of the property. Proposals which will result in disproportionate additions over and above the size of the original building will not be appropriate. The original building would not include any previously permitted extensions.
7.75 In seeking to provide a guide to prospective applicants as to what should be regarded as a disproportionate addition, the Council will seek to apply a guideline figure of approximately 25% over and above the volume of the original building. Applications which would increase the overall volume of an original building by more than 25% will generally be regarded as excessive and therefore would conflict with Policy H22. This is a guideline figure and it is therefore important to stress that the overall design and character of an extension will be an equally important consideration.