TO FIND POLICIES FROM LOCAL PLAN:
www.torridge.gov.uk/onlineplan then click one of the links at the top eg Part 1 then click Index of Policies and find the policy number you want. Then highlight, copy and paste into Word or print selection.
Has DVT, ECD, HSC and ENV
For County Policies: Google DCLG
(Department for Communities and Local Government) and click on publications then Search Publications and type in Policy number. Can download copy of policy.
Policies DVT2C and HSC22 are in the Torridge District Local Plan which can be viewed online at www.torridge.gov.uk/onlineplan. PPS1 and PPS7 can be viewed on the government website. It is bestif you Google DCLG and once you are on the home page follow the menus and select planning policy publications or similar. If you have any problems please do not hesitate to contact me.
Policy DVT2C: Development in the Open Countryside
(1) In the countryside away from the villages development should not detract from the character and appearance of the area .
(2) Subject to the above general consideration, the following types of development will be allowed :
(a) the conversion of a previously used building or a redundant agricultural building for employment reuse;
(b) agricultural, countryside recreational, and /or identified types of tourist development and /or other development that is related to appropriate farm diversification;
(c) the alteration, improvement, redevelopment and /or minor extension of a building for purposes directly related to its established use;
(d) the provision of small scale rural business developments and other local services and /or utilities for which there is a proven need.
(3) Residential conversions will not be permissible unless the building is of architectural or historic interest, every reasonable attempt has been made to secure business reuse, and the site is not suitable for self-catering holiday occupation.
3.52 The creation of jobs is a priority in the area as a whole. Conversion for residential purposes is less favoured than conversion for commercial purposes. The policy facilitates farm diversification but the creation of living accommodation ancillary and subordinate to business reuse is not likely to be justified as an exception to the policy.
3.52A The types of tourist development are identified in the Structure Plan. For ease of reference , the types identified in the Structure Plan, where applicable to the Torridge rural area, are set out in the tourist development section of the Plan . The types of development related to farm diversification are advised in Government guidance. Types of non-agricultural development may include food processing and packing or machinery workshops, farm shops, and farm sports.
3.52B Where building reuse or replacement is permissible, the policies that follow in the next section of the Plan also will be applied.
3.52C [No text]
3.52D Small scale rural business development may be needed to reduce the need for long distance out-commuting from villages to jobs in urban areas.
3.52E [No text]
3.52F Where no change of use is proposed, a replacement building in the countryside may be permissible as an improvement. Demolition and replacement may be acceptable where, for example, the building is structurally unsafe or it lacks basic amenities and is not suitable for repair or alteration, either because it is uneconomic to do so or because the building is unsightly.
3.52G The replacement of an abandoned dwelling is not permitted by the policy. Abandonment depends upon the length of time the building has not been lived in and whether or not the use has subsisted.
3.52H The policy does not justify the redevelopment of temporary forms of accommodation, of ruins, or of derelict buildings or the replacement of holiday or seasonal accommodation.
Reuse of Rural Buildings
3.52 I The difficulty of securing appropriate uses for disused or redundant buildings is acknowledged. Where a building has reusable workspace, the LPA supports commercial (business or tourism) reuse. Exceptionally, where such buildings are of historic or architectural interest, a residential conversion may be permissible. The Structure Plan makes such provision. A presumption that conversion of buildings for residential purposes will be permissible in the countryside is not justifiable. A high level of residential conversions inevitably is unsustainable. The take-up of planning permissions for reuse and the type of use provided will be monitored.
3.52J Where a building has become dilapidated or ruinous, or where premises are otherwise neglected, there may be the prospect of an eyesore. Should land or buildings become an eyesore, the District Council will consider appropriate action in the interest of amenity, conservation, or public safety. Building restoration, or demolition and land reclamation, will be encouraged where benign neglect would not be in the public interest.
Residential Conversions in the Countryside
3.52K Residential conversions are granted only exceptionally. Buildings of architectural or historic interest are a valuable resource. Where reasonable marketing fails to establish demand for a commercial use of such a building, it is appropriate to consider other uses in the interest of conservation. These are the only likely circumstances under which a change to residential use by conversion may be acceptable in the countryside.
3.52L A proposal for the residential conversion of a building in the countryside should be accompanied by:
(a) a statement that demonstrates that the building has architectural or historic interest; and either
(b) an assessment that shows that the site need not be reused for business purposes or identified types of tourist development; or
(c) documented evidence of up to one year of comprehensive marketing.
The requirements encourage early evaluation of building assets and promote economic diversification. In individual circumstances, they may be varied by the LPA with regard to the views of the local Parish Council.
3.52M Initial assessments that show a commercial use is not realistic are frequently open to dispute. The LPA favours a reasonable marketing approach over such inconclusive assessment. The assessment would need substantive evidence showing that the existing, immediately previous or alternative permissible uses are not a viable proposition. Premises may be marketed in a variety of ways. It may be useful to include information about marketing effort as part of an assessment.
3.52N The LPA will not consider non-assessed proposals for residential conversion favourably unless the marketing effort is documented. The LPA will not regard marketing effort as adequately active and reasonably effective unless the site has been placed widely on the open market on reasonable terms continuously throughout a minimum marketing period. Terms on offer should include all of the following:
(i) The premises being available for purchase as freehold /leasehold
(ii) A price that reasonably reflects its market value, consistent with an independent valuation for property of its age and condition
(iii) The availability of the site as workspace, unencumbered by restrictions, subject to any necessary consents
(iv) The promotion of business reuse, including reuse for tourist development subject to planning permission.
Where no assessment has been undertaken, the minimum marketing period must reflect the seasonality of employment investment. The exact period will be determined by the LPA, with reference to the buoyancy of the market. Evidence of marketing effort will be assessed flexibly, depending upon the merits of the case.
3.52O Where there is an occupancy condition or a planning obligation that in effect ties the occupancy of residential accommodation to the initial and subsequent operation of a rural business, planning permission to create a separate house by severing the residential accommodation from the business use will not be granted unless the building is of architectural or historic interest, and a commercial use cannot be found.
Rural Building Conversion or Replacement
3.53 The LPA receives many proposals to convert or redevelop buildings in the countryside, some of which involve adaptation or replacement. Such changes, as well as being subject to the above policy are subject to supplementary design policy that applies the principle of conservation established in the Structure Plan.
3.54-3.56 [No text]
Rural Building Conservation and Adaptation for Reuse
3.57 The scale and character of a rural building and its relationship to settlement and landscape character are important considerations in the interests of countryside protection and environmental conservation. The objective is to secure an appropriate form of development that:
• is in scale with the location; and
• retains the important features of buildings that are sensitive to change; and
• protects the countryside from intrusion.
Traditional local building character is important for the built heritage it represents. It can be an economic asset, particularly in those parts of the District where there is untapped tourism potential.
3.58 The District Council believes that inappropriate development, if unchecked, could gradually erode the distinctive character of the countryside. Landscape assessment has identified this process as a local issue. Modern buildings can complement the rural scene but experience shows that all too often aspects of their siting, design, and appearance have introduced alien features that would be more appropriate in a built-up area or in another part of the country. Policy is needed to help reverse the trend.
3.58A The key tests for rural building conversions in the countryside are contained in Government guidance. Suitability for conversion depends upon the condition of the building and the operational requirements of the use proposed. Although most buildings will have been purpose built with a particular use in mind, it is recognised that many may be physically capable of modification to suit a range of alternative uses. Not all buildings will be in a suitable state for conversion. Where an original use that justified the construction of temporary buildings has ceased, they may more suitably be removed.
3.59 [No text]
Policy HSC22: Community Service Development and Local Services
(1) Development of new or improved community services, being uses within the residential institutions (C2), non-residential institutions (D1), or assembly and leisure (D2) use classes, or theatres, will be permissible within or adjoining the defined development boundaries and at Villages provided that the site is located in the best available place with regard to the community to be served and the scheme would not be unreasonably detrimental to the amenity of neighbouring residents.
(2) Planning permission will be granted for the change of use, piecemeal development, or development for other purposes of land and /or premises needed to provide or maintain local services, only where adequate alternative arrangements for the service have been made.
5.167 The policy does not apply to the settlements that are not classified as Strategic Centres or as Villages. The first part of the policy enables community service development where it is most needed. The LPA expects service providers to seek to develop and maintain sites that are well related to the communities they are intended to serve. The LPA will accept that a site is best placed where it is at a settlement and reasonably accessible to the population to be served with regard to the local transport objectives.
5.168 The second part of the policy seeks to maintain local services consistent with the function of settlements. As a matter of principle, the LPA will seek to maintain those services that are essential to maintain and support the rôle of settlements within the settlement hierarchy. Agencies responsible for the delivery of such services locally are encouraged to develop costed capital programmes in line with likely future requirements, so that prospective applicants may be made aware of community needs at an early stage.
5.168A Responsible service planning will enable the incorporation of appropriate provision in schemes, and fore knowledge of likely costs will assist financial planning. Land and premises will be safeguarded for the provision of community infrastructure where the need is identified, and land required for programmed development will not be released for other purposes.
5.169 In determining development proposals, adequate provision for the development and maintenance of supporting services made necessary by those proposals will be secured in step with development. It is expected that such infrastructure will be accommodated within the development where feasible, and it is anticipated that in many cases this will not be appropriate. The infrastructure provision policy of the Plan ensures that necessary provision may be made and that obligations may be entered into to secure commuted payments where others must make provision.
5.170 Local services for the purposes of this policy are defined exclusively as the following:
(a) A parish or local primary school with a permanent capacity that does not exceed the forecast capacity
(b) A local, village, or community meeting hall accessible on a daily basis
(c) A general store or local food shop
(d) A post office facility, being either a branch or a sub post office
(e) A public house
(f) Essential community services.
It is not appropriate for the Plan to determine the nature of provision of all such infrastructure.
5.171 Statutory service providers will identify essential community services. Essential services may include emergency services, healthcare services, social services, transport services, utility services, and any other local service essential to sustain the local community. Parish Councils may seek to identify additional local services essential to sustain community life (eg village green, car park, bus shelter, community hall). The replacement or enhancement of a local hall may be seen as essential where it is necessary to provide a community hall with additional services such as static library services, indoor sports facilities, or day care provision at the same site.
5.172 Individual development proposals will be assessed on the basis of likely impact on essential provision, with reference to existing capacity. Where the impact might not be acceptable, the applicant will be expected to demonstrate how essential service cover may be maintained.
5.173 Equivalent provisions are made for the retention of necessary open space, employment, and sport and recreation facilities, in Chapter 3, Chapter 4, and the recreation section of this chapter respectively.
5.174 The LPA will seek to sustain local services in neighbourhoods and in Villages and to provide for community service development by:
(1) Refusing planning permission for the change of use, piecemeal development, or redevelopment for other purposes of buildings and /or land required to establish or maintain essential local services or required to sustain the self-sufficiency of the community