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H7 – OPEN SPACE IN NEW HOUSING DEVELOPMENT

The Council will require all new housing development to provide, or contribute to, Public Open Space provision.

  1. Proposals for new housing development of 50 houses or more will be expected to incorporate recreational public open space to a minimum standard of 0.3 Ha (0.74 acres) per 50 dwellings or a proportion thereof, in accordance with the National Playing Fields Association Standard of 2.4 hectares (6 acres) per 1000 population.

  2. Proposals for new housing developments of between 10 and 49 dwellings inclusively, will be expected to provide Public Open Space in line with the above standard. Where such a Public Open Space is impracticable or unusable the Council will negotiate with the developer the payment of a commuted sum, for the benefit of existing Public Open Space nearby, in lieu of the provision normally required by this policy.

  3. Proposals for new housing development of less than 10 dwellings will be expected to provide the payment of a commuted sum, for the benefit of existing Public Open Space nearby, in lieu of the provision normally required by this policy.

  4. As part of the overall recreational space requirement referred to in 1. above, developers of housing sites comprising predominantly family housing, will be required to provide 0.09 Ha (0.23 acres) of equipped children’s play space per 50 dwellings, or proportion thereof.

Where Public Open Space is provided in new housing development it must normally be a single plot that is landscaped to a high standard of design. The space must be usable, and easily accessible by all residents, including those with disabilities, and provide a safe place to play and relax, whilst not causing a nuisance to nearby residents.

Justification

6.58 The Burnley Local Plan aims to produce quality residential environments. A key element of this is the provision of usable public open space. There is a need to provide extra open space to alleviate the strain on existing facilities and to improve the provision in areas where facilities are currently lacking.

6.59 Although the Council aims to ensure that new housing development takes place within the Urban Boundary this is not meant to increase the pressure to develop urban greenspace. On the contrary, the Council aims to follow RSS Policy UR10 – Greenery, Urban Greenspace and the Public Realm, and make the Borough a more attractive place to live through the provision and protection of attractive, safe, well planned and maintained public spaces.

6.60 Usable Public Open Space will be required on all but the smallest housing sites, except where it is impracticable or the resulting open space would be unusable. In calculating the amount of playing fields, amenity, informal recreation and children’s play space to be provided by developers the Council will use the National Playing Fields Association’s (NPFA) Six Acre Standard.

The NPFA standard = 2.4 hectares of recreational space per 1000 people

Average Household size in the Borough = 2.5 (1991 Census)

1000 people is equivalent to 400 households

400 households should have 2.4 hectares of recreational open space

50 dwellings should have 0.3 hectares of recreational open space

6.61 Developers will be expected to provide children’s play space as part of the overall 0.3 hectare standard. This could take the form of a junior football pitch, formal playground or a kickabout area. To allow easy and safe access for children the NPFA recommends that 200 metres is the maximum distance that young children should have to travel from home to a play area. To allow safe access, young children should not have to cross a major road to access the play area.

6.62 A balance will need to be reached between the need to make sites visible, safe and accessible and the need to reduce the likelihood of general noise and disturbance.

6.63 Where there is already adequate provision of playing fields and parks in a particular area, in respect of both quantity and quality, the two acre standard (outdoor equipped playgrounds and informal play space) will apply. The NPFA state that this should be provided as a minimum.

6.64 For the Public Open Space to be of a usable size and easy to maintain, the minimum area should be 1000 square metres. Having applied the NPFA standard, the Council will have to assess whether the required Open Space would be of a usable and beneficial size. If this is not the case, it would be normal for the Council to negotiate with the developer to pay a commuted sum in lieu of this provision.

6.65 Smaller sites are generally the most difficult to maintain. These areas are usually the spaces left over after house plots have been defined, in awkward places, on poor ground, and are unsuitable for use as Public Open Space.

6.66 Where developers would like to increase the number of dwellings in a development at a later stage, the amount of Public Open Space, or commuted sum, required will be increased accordingly. Furthermore, applications that are part of a larger development will be required to provide Public Open Space based on that required for the larger development.

6.67 The commuted sum in lieu of Public Open Space provision is to cover provision and maintenance of Public Open Space elsewhere and help towards improvements identified in the Council’s Playing Pitch Strategy. The level of commuted sum will be reviewed annually by the Council’s Greenspace and Amenities Unit.

6.68 The commuted sum payment in lieu of provision will be used towards upgrading Public Open Space in that residential area or adjoining residential areas within two years of the completion of the development, unless some other agreement is made between the Council and the developer.

6.69 The Public Open Space that is provided should be within easy reach of all residents of the development, use good existing features in its design, provide a safe place to play and relax, and be designed to minimise disturbance to residents.

6.70 In order to ensure that the proposed public open space meets the standards set by Greenspace and Amenities it is advisable for the developer to contact the Greenspace and Amenities Services Unit at the earliest possible opportunity to discuss the matter. Details required include location of the open space within the development, aspects of the play equipment, location of planting, type of hard surfaces and furniture, boundary treatment, species, size and number of plants, phasing of development and maintenance arrangements. These details will need to be agreed before any approval of planning permission. In the case of an outline application, the location of the open space should be made clear on the indicative plan that accompanies the application.

Financial arrangements for provision and maintenance

6.71 With regard to payments in lieu of provision of Public Open Space, commuted sums paid by developers will be arranged through Section 106 Agreements. Such agreements will be finalised before any planning approval is given.

6.72 If Public Open Space is to be provided by the developer, Greenspace and Amenities will require it to be implemented to a certain standard if they are to adopt and maintain the space. The cost of adopting and maintaining public open space will be reviewed annually by Greenspace and Amenities.

Taret: H4bg

H8 – ENVIRONMENTAL IMPROVEMENTS IN EXISTING RESIDENTIAL AREAS

Within residential areas, the Council will promote environmental improvements by permitting the following:

  1. the provision of open space and recreational facilities;

  2. traffic calming measures and the designation of Home Zones;

  3. the removal of incompatible uses and the control of development inappropriate to a residential area;

  4. schemes for landscaping and the conservation and enhancement of existing land or features of ecological interest;

  5. the treatment of untidy and vacant land;

  6. selective clearance when necessary, and when suitable after uses have been identified; and

  7. measures to reduce the impact of business and commercial properties on residential amenity.

Justification

6.73 The Burnley Local Plan, as well as dealing with the provision of land for new housing and the improvement and regeneration of deprived urban areas, must seek to protect and improve existing residential areas. Currently, many areas are popular and provide a reasonably good quality of life. To ensure that this continues in the future we will promote environmental improvement schemes, and limit inappropriate development so that these areas remain popular in the future.

Target: H7a

H9 – REGENERATING URBAN AREAS AND NEIGHBOURHOODS

The following areas and neighbourhoods, identified on the Proposals Map, will be the focus for comprehensive area based action and regeneration programmes.

  • H9/1 – South West Burnley

  • H9/2 – Burnley Wood

  • H9/3 – Daneshouse

  • H9/4 – Stoneyholme

In these areas, proposals which will contribute to the following measures will be approved:

  1. repair, improvement and conversion of existing property;

  2. new housing and employment development where it does not have a detrimental effect on residential amenity;

  3. high quality open spaces;

  4. clearance where suitable after-use is identified and a fully resourced Action Plan is in place, see also Environment Policy E33 – “Vacant and Untidy :Land”;

  5. re-design and remodelling of local areas and neighbourhoods;

  6. environmental improvements, such as landscaping and the treatment of untidy land;

  7. better access to services and facilities;

  8. crime reduction and community safety measures;

  9. traffic calming;

  10. increased job opportunities and improved transport links; and

  11. schemes for landscaping and the conservation and enhancement of existing land or features of ecological, historical or archaeological value.

Justification

6.74 Within Burnley, there are a number of urban areas and neighbourhoods where environmental problems and social deprivation are particularly concentrated. These areas are characterised by:

  • unpopular and unfit housing;

  • low educational attainment;

  • unemployment, low skills and low wages;

  • poor environment;

  • poverty;

  • poor health;

  • drug abuse; and

  • crime and anti-social behaviour.

6.75 All these issues cannot be resolved simply by improving housing conditions. Poor housing is one among a number of physical, social and economic problems found in these areas.

6.76 The need for a comprehensive approach to regeneration and renewal has been recognised to improve the quality of life in these areas. All of the areas addressed by Policy H9 are the subject of various bidding programmes such as the East Lancashire Housing Market Restructuring Pathfinder, the Urban Regeneration Forum’s SRB6 programme in Burnley Wood and Accrington Road, the Sure Start schemes in Daneshouse, South West Burnley and Burnley Wood and the Capital Challenge programmes in Daneshouse and Stoneyholme.

6.77 However, the Burnley Local Plan is a land use plan and, as a result, cannot deal directly with all these problems or implement all the strategies and projects that the programmes involve. It can, though, provide a land use planning framework for area based action and programmes, which identifies these areas as the focus for regeneration, clearance and improvement. Thereby supporting our strategy to achieve urban renaissance and social progress which meets the needs of everyone. This will be done on a broad basis involving communities and tackling not just physical, but social and economic problems. Where clearance is proposed, a Character Appraisal will be produced in consultation with English Heritage.

6.78 The detailed policies and proposals needed to ensure the implementation of this policy will be included within a series of Area Action Plans, which the Council intends to formally adopt as development plan documents.

6.79 Through the successful regeneration of these areas and neighbourhoods the Council aims to increase their popularity and reverse the recent trend of depopulation. This will be extremely important as the Council attempts to minimise greenfield development, ensure the most efficient use of land and aim to meet our brownfield target.

6.80 Policy H9 of the Burnley Local Plan will help to implement the following:

  • RSS for the North West Policy UR6 – Existing Housing Stock and Housing Renewal;

  • The strategic objectives of the North West Regional Housing Statement ;

  • The recommendations of the Report of the Unpopular Housing Action Team;

  • The principles of the National Strategy for Neighbourhood Renewal;

  • The goals and targets of the East Lancashire Partnership;

  • The Regional Economic Strategy – England’s North West: A Strategy Towards 2020; and

  • The creation of a local strategic partnership and the delivery of Neighbourhood Renewal Fund resources.

Target: H3a, H6a, H6b, H6d, and H6e

H10 – HOUSING FOR LARGE FAMILIES

Proposals for the conversion or amalgamation of existing dwellings to provide for the housing needs of large families will be permitted when the proposal has no adverse impact on:

  1. the residential amenity of neighbouring properties

  2. the character of the area and the street scene; and

  3. the amenity of the occupants of the proposed property.

Justification

6.81 The Asian heritage population of the Borough is largely concentrated within Daneshouse and Stoneyholme where the housing is characterised by two-up, two-down pre-1919 terraces. However, this type of housing is often unsuitable for large and extended families, with the result that there can be problems of overcrowding. Larger families, whilst being more prevalent in the Asian heritage community, are also found in the Borough’s other communities and when seeking to provide suitable accommodation for such families this policy will be applied.

6.82 In recent years, Bradford and Northern Housing Association (Accent) has been involved in a targeted disposal policy which has allowed residents to purchase neighbouring properties which are empty and unwanted and convert the two properties into one. The benefits of this policy are two-fold as they bring new life back into streets which are suffering due to abandonment and vacancy; and it helps to tackle the problems of overcrowding.

6.83 If the Council are to continue to address the problems faced by larger households and extended families the Council will have to plan to deal with these circumstances – by promoting further conversions and amalgamations.

H11 – LIVING OVER SHOPS AND OTHER COMMERCIAL PREMISES AND HOUSING AND TRAINING PROJECTS

The Council recognises the importance and increasing trend to mix housing, employment and training uses. These will be supported when:

  1. there is no adverse effect on neighbouring properties;

  2. the proposal provides an acceptable residential amenity for its occupants;

  3. the proposal is in keeping with its surroundings, in terms of design, appearance, scale and siting;

  4. the proposal is within easy reach of local facilities and services; and

  5. access for vehicles and pedestrians is safe and convenient, and parking is provided in accordance with adopted standards, see Transport and Movement Policy TM15: - “Car Parking Standards”.

Justification

6.84 The Council is keen to encourage the development of initiatives which seek to combine the provision of housing with training and workshop facilities. Such initiatives may include residential developments which include the provision of workshops and training facilities.

6.85 Initiatives such as these allow for the provision of housing for those in need and provide additional facilities to meet the educational and employment needs of people within the Borough. In particular, proposals can cater for the needs of the Asian heritage population whose traditions may dictate that they need to work close to home.

H12 – NON – RESIDENTIAL USES IN RESIDENTIAL AREAS

Proposals for non – residential development within primarily residential areas will be assessed against the following:

  1. the proposal is sensitive to, and in keeping with the character of the residential area, in terms of design and scale and materials;

  2. there would be no adverse affect on residential amenity as a result of the proposed activity;

  3. there would be no adverse effect due to the vehicular or pedestrian traffic that the proposal generates, particularly through noise, general disturbance, and loss of privacy;

  4. the proposal does not lead to an intensification of non-residential uses detrimental to residential amenity and character;

  5. adequate vehicular access, on-site parking and servicing space can be provided in accord with the Council’s car parking standards, see Transport and Movement Policy TM16 – “Car Parking Standards”; and

  6. in relation to existing buildings, the proposal will result in an overall improvement to the environment and amenity of the surrounding area.

Justification

6.86 Most of the Borough’s housing stock, including much of the older housing, is well maintained, and in a relatively attractive environment. To maintain the standard of these housing areas the Council will protect housing areas from non-residential uses if residential amenity is affected.

6.87 Proposals will also be assessed with regard to Burnley Local Plan Policy EW9: - “Small Businesses, Working From Home And Community Enterprises In Residential Areas”.

H13 - EXTENSIONS AND CONVERSIONS OF EXISTING SINGLE DWELLINGS

Proposals to extend and convert existing residential properties will be permitted where:

  1. the proposal is in keeping with the existing house and the surrounding buildings with regard to scale, size, design and materials;

  2. the proposal will not adversely affect -

    1. the residential amenity of neighbouring properties through overlooking, lack of privacy or reduction of outlook or daylight

    2. the visual amenity and character of the locality

  3. the proposal provides an adequate residential amenity for its occupants;

  4. the proposal does not lead to an unacceptable loss of private open space or parking space; and

  5. the proposal does not threaten highway safety through the obstruction of visibility for pedestrians and road users.

Justification

6.88 The Council will encourage investment in the housing stock through the extension and conversion of existing dwellings. However, such extensions can have a significant impact on the existing house and its neighbouring properties, and care should be taken to minimise this. Consideration will also be given to the residential amenity of residents, the effect of the proposal on the provision of private open space and parking and the possible threat to highway safety through the obstruction of visibility for pedestrians and road users.

6.89 The provision of a self - contained extension to an existing house can provide the ideal solution to caring for elderly or disabled relatives, and the Council will be sympathetic to applications provided that a genuine need can be established by the applicant.

6.90 To ensure that the extension does not become a completely independent dwelling unit in future years the extension will normally be limited to a one bedroomed unit and there will be a requirement for an internal link within the existing house, and for a shared pedestrian and vehicular access.

H14 – GARDENS AND BACKLAND DEVELOPMENT

The Council will not permit proposals which will result in the loss of private gardens and backland for infill development unless such proposals can be shown not to adversely affect the character and amenity of the area.

Justification

6.91 Concentrating development within the urban boundary will create increased development pressures. Such pressures can be expressed through the increased development of areas of land such as large gardens and grounds, and landlocked backland sites which are often the subject of infill development or redevelopment. This may lead to unacceptably high densities which over time may significantly alter the character of an area and damage the amenity enjoyed by its residents. The Council will, therefore, ensure that any proposals for infill development on backland and/or gardens are carefully assessed against the above criteria.

H15 – CONVERSION AND RE-USE FOR FLATS AND BEDSITS

Proposals for the conversion and re-use of buildings for the creation of flats and bedsits, which require planning permission, will be permitted where:

  1. the proposal would not adversely affect the amenity of the residents of neighbouring properties;

  2. the proposal is sympathetic to the character and appearace of the building and its locality;

  3. the proposal provides a satisfactory residential environment for its occupants and for their immediate neighbours;

  4. the proposal provides adequate facilities for refuse disposal; and

  5. there would be safe and convenient access for vehicles and pedestrians, and the provision of appropriate car-parking for the needs of the people living there, see Transport and Movement Policy TM15 – “Car Parking Standards”.

To promote such conversions in the Town Centres of Burnley and Padiham the Council will take a flexible approach to the standards included in the Burnley Local Plan with regard to densities, car parking, amenity space and overlooking.

Justification

6.92 The demand for flats and bedsits in Burnley is relatively low due to the number of small houses already available and the generally low level of house prices compared to other parts of the country. Nevertheless, they can make a useful contribution to the choice of accommodation available and applications to convert larger properties may be approved by the Council provided that the proposals would not detract from their surroundings or adversely affect neighbouring dwellings.

6.93 The Council expects that major markets for these proposals will be student accommodation and housing for individuals within “Care in the Community” programmes.

6.94 As well as widening the choice of accommodation available, the re-use and conversion of buildings into flats provides the opportunity to combine high-density development with the re-use of empty or under-used buildings. Both of which are key themes within PPG3: “Housing” and RSS – Policies DP3 “Quality in New Development” and UR4 “Setting Targets for the Recycling of Land and Buildings”.

H16 – GYPSY AND TRAVELLER SITES

Where there is an identified need for gypsy and travellers’ sites, proposals will be permitted when:

  1. the proposed site is suitable for the proposed use and can provide an acceptable living environment;

  2. the proposed site is close to shops, schools and other community facilities; and

  3. the site is well designed and landscaped to give privacy between pitches and between the site and neighbouring properties;

  4. the site does not cause demonstrable harm to the quality and character of the landscape or adversely affect the residential amenity of neighbouring properties;

  5. the proposal does not prejudice the long-term planning of the area; and

  6. the proposal is not detrimental to highway safety and satisfactory provision is made for parking.

The development of new gypsy sites will not be permitted in the following locations:

  1. within Green Belts;

  2. on the best and most versatile agricultural land;

  3. in other areas where it is likely to have an adverse impact on the distinctive characteristics of the landscape; and

  4. where it is likely to have an adverse impact on an SSSI, or other ecologically sensitive area .

Justification

6.95 Circular 01/06 – “Planning for Gypsy and Traveller Caravan Sites” – sets out Council’s requirement to make adequate provision for gypsy sites in their development plans. This policy of the Burnley Local Plan outlines the principal criteria to be used in determining planning applications for such sites. When considering such applications it is important to consider the suitability of the site and the provision of adequate facilities and basic services. There is a need to protect the character of the countryside and ensure that the long-term planning of the area is not affected. Sites should also be located close to local services and facilities.



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