Planning in Bath & NE Somerset

SAFEGUARDING LOCAL COMMUNITY FACILITIES

Development involving the loss of land and/or building(s) valued as a community facility will only be permitted provided: 1) there is adequate existing local provision of facilities of equivalent community value; or 2) alternative facilities of equivalent local community value will be provided in the locality; or 3) the proposed loss is an integral part of changes by a public service provider which will improve the overall quality or accessibility of public services in the locality.

PUBLIC HOUSES

The change of use of a public house which would result in the loss of a valued community facility (through demolition, redevelopment or change of use) will not be permitted unless: 1. it can be proven that the operation of a public house serving the local community is not economically viable and the premises have been effectively marketed for a consistent minimum period of six months as a public house for a price commensurate with the current market price for this use in the locality without success; or 2. the development or change of use would result in the provision of alternative facilities of equivalent or greater benefit to the local community.

NEW OR REPLACEMENT COMMUNITY FACILITIES

1) Outside the scope Policy RA3 and Policy CR4, development of new or replacement community facilities will be permitted provided the proposal is within or well related to the settlement, or in the case of existing facilities outside such settlements, they are well related to existing buildings and accessible by sustainable transport modes. 2) Where the existing local provision of community facilities is inadequate to meet projected needs arising from new development additional provision will be sought to meet any identified shortfall. This provision may be in the form of on-site provision or the enhancement/ improved access to existing facilities.

NEW AND REPLACEMENT SPORTS AND RECREATIONAL FACILITIES

1) New or replacement sport and recreational facilities, or improvements and extensions to existing facilities, will be permitted within or adjoining a town or settlement, provided: a) it complements the existing pattern of recreational facilities b) it is accessible by sustainable transport modes 2) New or replacement sport or recreational facilities elsewhere will only be permitted where: a) the proposal, either by itself or together with other existing and/or proposed recreational facilities, does not have an unacceptable impact on landscape character or areas of ecological interest; and b) the re-use or adaptation of existing buildings is not practical or viable, and they are of a scale appropriate to the location and recreational use; and c) if an ancillary facility is proposed, it is well-related to the attraction it serves. 3) In all cases: a) the proposal would not give rise to significant adverse environmental conditions including the impact of air, noise, soil, water quality and light pollution and be detrimental to public safety and the amenities of local residents; and b) vehicle access and on-site vehicle parking would be provided to an appropriate standard; and c) adequate access to and between the facilities would be provided for people with disabilities. Where new development generates a need for additional recreational open space and facilities which cannot be met on-site or by existing provision, the developer will be required to either provide for, or to contribute to the provision of accessible sport and recreational open space and/or facilities to meet the need arising from the new development in accordance with the standards set out in the Green Space Strategy, and Planning Obligations SPD or successor documents. A management plan should be submitted with an application for a new artificial grass pitch. The management plan should outline the materials used and should consider potential sources of pollution from the installation phase through to end of life, including disposal. This includes both chemical and solid wastes including microplastics. Adequate remediation measures must be implemented and reported to ensure any identified potential harm can be suitably mitigated.

RECREATIONAL DEVELOPMENT PROPOSALS AFFECTING WATERWAYS

Development proposals for the recreational use of waterways and water areas will be permitted provided: 1) there is an overriding need for a waterside location 2) they are compatible with established recreational activities 3) they would not have an unacceptable impact on landscape character, nature conservation interests, amenity value of the area, safety or the highway interests 4) they would not have a detrimental impact on water quality and supply In the case of development in the Green Belt, proposals should be consistent with national Green Belt policy and not harm the openness of the Green Belt.

PROTECTING ALLOTMENTS

1) Development resulting in the loss of land used for allotments (or land evidenced as last used as allotments) will not be permitted, unless: a) The importance of the development outweighs the community value of the site as allotments and suitable, equivalent and accessible alternative provision is made elsewhere within a reasonable catchment area (as defined by the Green Space Strategy) and in line with LCR9; or b) the site is allocated for another use in the Placemaking Plan and suitable, equivalent and accessible alternative provision is made in line with LCR9. 2) Any loss of amenity land related to allotments should not compromise the proper function of allotment gardens including access, storage of tools, other communal areas or orchards, unless satisfactory mitigation can be delivered. 3) Existing formal allotments are identified on the Policies Map.

INCREASING THE PROVISION OF LOCAL FOOD GROWING

1) The identification of all new allotments sites must comply with the B&NES Allotments Site Selection Criteria and must: a) Be suitable for productive use. b) Be accessible to the area they are inten

COMMUNITY FACILITIES

Proposals for the development of community facilities will be acceptable within and adjoining all villages, provided that they are of a scale and character appropriate to the village and meet the needs of the parish and adjoining parishes.

VISITOR ACCOMMODATION

New visitor accommodation 1) Permission will be granted for new build visitor accommodation provided: a) it is in a sustainable location or, accessible by a choice of transport modes b) there are no other buildings available and suitable for conversion c) the scale of the proposal will not harm the character or appearance of the countryside d) the materials, form, bulk and general design of buildings are in keeping with their rural surroundings e) there is safe and convenient access to the highway network and there are no significant adverse impacts on the local highway network f) the proposal would not adversely affect protected species or habitats 2) Where a proposal for visitor accommodation is approved appropriate planning conditions will be used to prevent permanent residential use of the accommodation. Change of use from a dwelling to visitor accommodation 3) The change of use of an existing dwelling to visitor accommodation will be permitted provided that: a) for large residential properties, a substantial private residential unit is retained, and any existing or proposed visitor accommodation is ancillary to this

PUBLIC REALM

Development proposals must be designed to enhance the public realm and should contribute towards achieving public realm infrastructure improvements, in line with the Planning Obligations SPD, and successor documents. Development schemes must comply with the adopted public realm design codes. Within Bath City Centre, as defined on the Policies Map, development schemes should respond to the Bath Public Realm and Movement Strategy and the Bath Pattern Book, or successor guidance.

INFILL AND BACKLAND DEVELOPMENT

1. Infill development is defined as the filling of a small gap in an otherwise built-up frontage, usually consisting of frontage plots only. Infill development could be supported where: a. Development has regard to the character and quality of the surrounding townscape b. New development reflects the form, pattern and grain of this existing development or otherwise enhances the character. c. Infill development on corner plots gives careful consideration to both the primary and the return frontage in relation to height scale, massing and design and relates well to the treatment of corner plots within the local context 2. Neighbourhood Plans in B&NES may identify a locally specific definition of infill, with reference to local characteristics. 3. Backland development could be supported where: a. It is not contrary to the character of the area b. It is well related and not inappropriate in height, scale, mass and form to the frontage buildings c. There is no adverse impact to the character and appearance, safety or amenity of the frontage development d. It is not harmful to residential amenity as outlined in Policy D.6.

LIGHTING

1) Proposals for artificial lighting will only be permitted where: a) they would not give rise to an unacceptable level of illumination into the sky, open countryside, urban areas or villages; b) it can be demonstrated that additional lighting on site will have no detrimental impact on visual and residential amenity, the historic environment or local ecology; c) any adverse impact of lighting proposals in all new development, including light spill and energy use, is minimised through design or technological solutions (including the use of SMART lighting techniques) or by controlling the hours of use; d) safety is not compromised in low lit or dark public areas. 2) Development will be expected to retain or improve the darkness of rivers, watercourse or other ecological corridors in particular to protect or provide a functional dark route for European protected species. Lighting must be designed to protect wildlife habitats following best practice as set out in current guidance including B&NES 2018 Waterspace Design Guidance and Bats and Lighting in the UK (ILP, 2018). 3) Lighting in public areas should be designed to a suitable level of illumination in accordance with BS 5489-1 2013 and where appropriate, ensure consistency with Bath Lighting Strategy and other relevant guidance and where necessary the hours of operation will be controlled by the use of conditions.

ADVERTISEMENTS & OUTDOOR STREET FURNITURE

Advertisements The following criteria will be used to assess applications for advertisement on commercial premises that require consent (including shops, cafés, offices etc.): General Design Approach a) The number of signs should be kept to a minimum, with only one advertisement on each principle frontage. b) Redundant signs should be removed and opportunities to reduce signage should be sought where new signage is proposed. Development involving the alteration or replacement of traditional shop fronts will not be permitted, unless the proposals enhance the character of the building and the street scene. c) The following criteria will be used to determine the suitability of advertising signage (including fascia signs and projecting or hanging signs), which will include a consideration of cumulative impact and consideration of the proposal within the existing context: o Local Street Character o Location/Position o Proportionate Size o Position o Colour o Materials o Lettering o Illumination o Fixings d) Free standing 'A' Boards can cause obstruction to pedestrians and require planning permission. 'A' boards will only be permitted where they do not impinge on pedestrian movement and meet the Council's detailed guidance. e) Permanent flags and banners are not considered acceptable, however, due consideration will be given to temporary flags and banners promoting local events. f) hoardings, panels and posters will be granted where they are located within a commercial, industrial or mixed use area or within the open countryside (the later will be restricted to a short-term, specified time period, for example in relation to a local event). In addition, within conservation areas: g) The suitability of commercial signage and lettering on windows, blinds (external and internal), walls and external fixtures will need to be considered in terms of both their aesthetic/visual impact and potential harm to historic fabric. Cumulative impact will be considered in addition to building specific impacts. Outdoor Street Furniture The following criteria will be used to assess applications for outdoor street furniture for commercial premises (external tables and chairs, low level barriers etc.), where planning or listed building consent is required: General Design Approach h) The principle locations where applications for street furniture in the highway will be supported, are locations within (i) fully pedestrianised streets, (ii) in partially pedestrianised streets or where vehicle access is not permitted

GENERAL URBAN DESIGN PRINCIPLES

The following general design principles will be applied, particularly for large scale development proposals or Masterplans: a) Places should be designed for people – to be safe, comfortable, varied and attractive. They should offer opportunities for interaction and delight. b) Development should enrich the character and qualities of places and should contribute positively to local distinctiveness, identity and history. c) Development should make connections – by foot, cycle, public transport and by car – in that order. Streets and Spaces must be legible and easy to move around. d) Development should work with the landscape structure and should contribute positively to the characteristics of the settlement e) Places should be mixed use and should respond to context f) Buildings and spaces must be flexible and adaptable g) Buildings and spaces should be designed to be energy efficient (e.g. consider natural light and passive heating and cooling) Developments that reflect these general urban design principles will be supported.

LOCAL CHARACTER & DISTINCTIVENESS

Development proposals will be supported where they contribute positively to and do not harm local character and distinctiveness. In considering whether development proposals meet this requirement they will be assessed against the following criteria: a) The development has positively responded to the site context, in particular the local character, including uses, landmarks, layout, streets and spaces, siting, spacing, set-back, building lines, roofscapes, materials, building forms and features b) The development scheme improves areas of poor design c) The design responds appropriately to urban morphology, including consideration of historic grain– routes, block and plot patterns; mix of uses, building heights, massing and scale and local vernacular d) The design enhances and responds to natural features, including landscape, green infrastructure, skylines, topography and landform and views e) The development contributes towards the local social context in a positive way, providing safe, functional and attractive streets and spaces f) The development should, where appropriate, respect locally characteristic architectural styles, patterns, rhythms and themes which reflect local proportions g) The development reflects materials, colours, textures, landscape and boundary treatments that are appropriate to the area Residential density must be compatible with character and higher net densities will be encouraged in accessible locations with good local facilities, to make efficient use of land.

URBAN FABRIC

Development proposals must contribute positively to the urban fabric, in particular development should: a. Be designed for ease of walking and cycling and provide safe and high quality routes, ideally providing new green infrastructure; b. Be permeable, by offering a choice of routes through a site, and connecting with the existing route networks in and through adjoining areas; c. Be delivering perimeter block layouts wherever possible; d. Be of an appropriate grain, reflecting local character; e. Be mixed use particularly at public transport nodes, and at local, district, city and town centres; f. Be designed to maximise natural surveillance of the public realm; g. Be designed with careful consideration of "edges" avoiding blank and inactive frontages. Active internal uses and habitable rooms are required at ground floor level; h. Ensure where ground floor uses are residential, frontages also allow for privacy for example incorporating level changes, boundary treatment while maintaining natural surveillance; i. Ensure development forms with inactive or blank frontages are carefully located, so that they can be wrapped by smaller buildings/active frontages or be placed in locations where at least one edge requires no active frontage. Horizontal mixing with other uses will also be encouraged; j. Give careful consideration to the design of corner plots, which should incorporate two active frontages; k. Create positive micro-climate effects (e.g. avoid pockets of cold, areas of overheating, heat, dazzle, wind or shade); l. Be designed to provide continuity of street frontage and for development to relate positively to the street. There should be a clear distinction between backs and fronts of buildings; m. Be designed in a way that does not adversely prejudice existing/future development or compromise adjoining sites.

STREETS AND SPACES

Development proposals must be well connected, in particular: a. New development must respect and contribute towards a clear hierarchy of streets and spaces. The transport user hierarchy should be applied within all aspects of street design, considering the needs of pedestrians first, then cyclists, then public transport users, and finally vehicles. b. The impact of parking provision on connectivity needs to be resolved to avoid poor quality routes and poorly defined streets. Parking arrangements should be integrated into the street scene and large areas of surface parking should be avoided. c. Car parking and highways design should not dominate the design of the development or the public realm d. Shared surfaces must be legible and safe for all users. e. Designed to enhance and contribute towards the public realm in line with Policy D10 f. Signage, lighting and street furniture must avoid street clutter and be respond to the local context, in line with Policy D10 g. Open spaces should be defined positively with clear definition of public and private, appropriate enclosure h. Street trees and green spaces should contribute to a network of Green Infrastructure and should be adequately sited to promote connectivity for people and wildlife

BUILDING DESIGN

Development proposals must be well detailed, in particular: a) Building facades, reveals and entrances must be well designed, all elevations must be well articulated and an appropriate building line and/or boundary treatment should be maintained b) Building frontages should face and relate to the public realm, and should define the street c) Extensions must complement and enhance the host building d) Good modern, innovative design is supported. Historical styles are likely to be considered appropriate where the development is re-unifying lost compositions e) Buildings and spaces should be designed to provide new or improved wildlife habitats and features (e.g. spaces for swifts and swallows; bat bricks; new hedgerows and other green infrastructure). In recognition of the public health and safety problems associated with seagulls, careful consideration needs to be given to designing-out potential seagull nesting and roosting areas in new buildings.

AMENITY

Development must provide for appropriate levels of amenity and must: a. Allow existing and proposed development to achieve appropriate levels of privacy, outlook and natural light b. Not cause significant harm to the amenities of existing or proposed occupiers of, or visitors to, residential or other sensitive premises by reason of loss of light, increased noise, smell, overlooking, traffic or other disturbance c. Allow for provision of adequate and usable private or communal amenity space and defensible space d. Include adequate storage and functional arrangements for refuse and recycling e. Ensure communal refuse and recycling provision is appropriately designed, located and sized

INFILL AND BACKLAND DEVELOPMENT

1. Infill development is defined as the filling of a small gap in an otherwise built-up frontage, usually consisting of frontage plots only. Infill development could be supported where: a. Development has regard to the character and quality of the surrounding townscape b. New development reflects the form, pattern and grain of this existing development or otherwise enhances the character. c. Infill development on corner plots gives careful consideration to both the primary and the return frontage in relation to height scale, massing and design and relates well to the treatment of corner plots within the local context 2. Neighbourhood Plans in B&NES may identify a locally specific definition of infill, with

RE-USE OF RURAL BUILDINGS

Conversion of a building or buildings to a new use in the countryside outside the scope of Policies RA1, RA2 and GB2 will only be permitted, provided: 1) its form, bulk and general design is in keeping with its surroundings and respects the style and materials of the existing building 2) the building is not of temporary or insubstantial construction and not capable of conversion without substantial or complete reconstruction or requires major extension 3) the proposal would enhance visual amenity and not harm ecological function (e.g. bat roost) 4) the proposal does not result in the dispersal of activity which prejudices town or village vitality and viability 5) where the building is isolated from public services and community facilities and unrelated to an established group of buildings the benefits of re-using a redundant or disused building and any enhancement to its immediate setting outweighs the harm arising from the isolated location 6) the development would not result, or be likely to result, in replacement agricultural buildings or the outside storage of plant and machinery which would be harmful to visual amenity; 7) in the case of buildings in the Green Belt, does not have a materially greater impact than the present use on the openness of the Green Belt or would conflict with the purposes of including land within the Green Belt. 8) The integrity and significance of buildings and farmsteads of architectural and historic interest and of communal, aesthetic and evidential value are safeguarded consistent with Policy HE1

Change of Use & Redevelopment of Office to Residential Use

1. Change of use (i.e. conversion) The conversion of office space to residential C3 is normally permitted development, subject to the exceptions set out in the GPDO. The principle of change of use through conversion of listed buildings in office use to C3 residential use is also accepted, subject to the provisions of Policy HE1. 2. Change of use and redevelopment (i.e. demolition and construction of a new building) Change of use and redevelopment of office space to C2, C3, C4 or Sui Generis (large HMO and PBSA) residential will be permitted unless there are strong economic reasons for refusal, as set out below. 3. Strong economic reasons Strong economic reasons will exist if: a the site is within the Bath Central Area, the Bath City Riverside Enterprise Zone, Somerdale, or a town centre listed in Policy CP12, or on a site that has been granted permission since 2011; and b the loss of the space would be a significant loss to strategically important office accommodation in B&NES and significantly harm the Council's ability to plan positively for economic development. In assessing whether strong economic reasons exist, consideration will be given to: • the quality of the office space (existing or permitted) to be lost or not implemented compared to alternative, available premises in the locality, and whether these are suitable for any displaced existing occupiers; • the need to retain the space in the context of the achievement of strategic Core Strategy targets set out in B1, KE1 and SV1; • current market signals and forecasts (to ensure the long-term targets of Core Strategy policies B1, KE1 and SV1 remain justified throughout the plan period); • in the case of a mixed-use residential- led site granted permission since 2011, whether the premises are critical to the sustainability of the permission and whether implementation remains viable, and realistic in light of market signals. 4. In the event that permitted development rules referred to in this policy no longer apply (whether due to the introduction of a direction under Article 4 of the Town and Country Planning Acts or through changes to national legislation or policy): a If the permitted development rules relating to change of use (conversion) from office to residential are removed, all such applications, including for listed and buildings within the World Heritage Site, will be assessed using the criteria set out in paragraphs 2-3, above. For the avoidance of doubt, in these circumstances the principle of change of use through the conversion of listed buildings in Use Class E former B1a use to C3 use will no longer be automatically considered acceptable. b If the permitted development rules relating to change of use (conversion) from office to residential are widened to include redevelopment, consideration of strong economic reasons, as set out in paragraphs 2-3 above, will no longer be required. This would not apply to listed and buildings within the World Heritage Site.

Change of Use and Redevelopment of Office Use to Other Town Centre Use

The change of use or redevelopment of office space to other town centre uses (not within Use Class E) will not normally be permitted, unless the space is of particularly poor quality in relation to the total stock of the city, or, if this is not common ground between the applicant and LPA, the space has been marketed for 12 months, on reasonable terms, at a time when the UK economy is growing and no serious occupier interest has been forthcoming. Even where these criteria are not met the economic and social benefits of the alternative proposed town centre use (in terms of employment, GVA and contribution to the centre and any townscape improvements resulting from change) will be material considerations, that could, in exceptional cases, outweigh ED1C (2).

Strategic and Other Primary Industrial Sites

Strategic and Other Primary Industrial Sites are allocated for E(g)(iii), B2 & B8 uses on undeveloped land in these areas and where this would not replace E(g)(iii) and B2 land and premises. Bath a) Newbridge Riverside (Brassmill Lane, Locksbrook Road Estate and The Maltings) Keynsham b) Ashmead Road & Unity Road Estate, including World's End Lane Extension Somer Valley c) Westfield Industrial Estate, Westfield d) Old Mills industrial Estate and its extension, Paulton e) Mill Road, Radstock f) Midsomer Enterprise Park, Radstock g) Haydon Industrial Estate, Radstock h) Bath Business Park, Peasedown St John 2. The identification of these areas as Strategic and Other Primary Industrial Sites means that there is a presumption in favour of retaining them for the aforementioned E(g)(iii), B2 & B8 uses. There are strong economic reasons why other uses would be inappropriate because of the economic significance of these areas. Applicants seeking to challenge this presumption should provide compelling evidence that circumstances have changed to the extent that there is no reasonable prospect of land or premises being used for the allocated purpose, by reference to: a Whether existing premises are being used productively, or if not, the viability of reusing vacant premises or developing allocated land for industrial use, b the level of interest in existing premises following a marketing period of 24 months, on reasonable terms, during a sustained period of UK economic growth. c general market signals of demand across the District and in relation to the locality i.e. the relevant settlement(s) d The availability and quality of alternative premises e Whether any other evidence casts critical doubt on the validity of Policy B1, KE1 and SV1 insofar as they relate to the required supply of industrial space 3. Applicants will also need to demonstrate that non-industrial uses would not have an adverse impact on the sustainability of the provision of services from industrial premises that remained around the site, or would not act against the development of undeveloped areas for industrial uses. 4. A Locksbrook Creative Industry Hub has been designated within the Newbridge Riverside area focusing on business development in the creative industry. Clauses above do not apply to this area and Policy SB22 sets out the specific development requirements.

Non-Strategic Industrial Premises

1. Proposals for the uses listed in ED2A will be acceptable in-principle at sites already occupied by smaller clusters and stand-alone industrial premises provided that this would not cause unacceptable environmental, residential amenity or highways problems. 2. Non-strategic sites are not afforded the same level of protection for industrial and warehousing (E(g)(iii), B2 & B8) uses as those listed in ED2A. However, there are strong economic reasons why other uses on these sites would be inappropriate because of the significant loss and lack of supply of industrial land. Applicants seeking to challenge this presumption should provide compelling evidence that circumstances have changed to the extent that there is no reasonable prospect of land or premises being used for industrial and warehousing uses, by reference to: a) whether the existing premises are being used productively, or if not, the viability of reusing vacant premises or developing allocated land for industrial use, b) the level of interest in the existing premises following a marketing period of 12 months, on reasonable terms, during a sustained period of UK economic growth, c) general market signals of demand across the District and in relation to the locality i.e. the relevant settlement(s), d) the availability and quality of alternative premises, e) whether any other evidence casts critical doubt on the validity of Policy B1, KE1 and SV1 insofar as they relate to the required supply of industrial space. 3. Applicants will also need to demonstrate that non-industrial uses would not be in conflict with the industrial premises that remained around the site.

OFFICE DEVELOPMENT

Proposals for office development within city and town centre boundaries, or on sites specifically allocated for this purpose are acceptable in principle.

CHANGE OF USE & REDEVELOPMENT OF OFFICE TO RESIDENTIAL USE

1. Change of use (i.e. conversion) The conversion of office space to residential C3 is normally permitted development, subject to the exceptions set out in the GPDO. The principle of change of use through conversion of listed buildings in office use to C3 residential use is also accepted, subject to the provisions of Policy HE1. 2. Change of use and redevelopment (i.e. demolition and construction of a new building) Change of use and redevelopment of office space to C2, C3, C4 or Sui Generis (large HMO and PBSA) residential will be permitted unless there are strong economic reasons for refusal, as set out below. 3. Strong economic reasons Strong economic reasons will exist if: a the site is within the Bath Central Area, the Bath City Riverside Enterprise Zone, Somerdale, or a town centre listed in Policy CP12, or on a site that has been granted permission since 2011; and b the loss of the space would be a significant loss to strategically important office accommodation in B&NES and significantly harm the Council's ability to plan positively for economic development. In assessing whether strong economic reasons exist, consideration will be given to: • the quality of the office space (existing or permitted) to be lost or not implemented compared to alternative, available premises in the locality, a

Employment Uses in the Countryside

Proposals for employment uses in the countryside outside the scope of Core Strategy Policies RA1 and RA2 will be permitted providing they are consistent with all other relevant policies, and involves: i) replacement of existing buildings; ii) the limited expansion, intensification or redevelopment of existing premises or redevelopment of previously developed land where it is not habitat functionally linked to a European site; and iii) they would not lead to dispersal of activity that prejudices town and village vitality and viability. In the case of development in the Green Belt proposals should be consistent with national Green Belt policy.

Agricultural Development

1) Agricultural development (including; the erection of new agricultural buildings; significant extensions/ alterations to existing agricultural buildings; installation of machinery; construction of access roads) will be permitted providing: a There are no unacceptable environmental and/or health impacts which cannot be adequately mitigated; b Adequate provision for the storage and disposal of animal waste is provided; and c The proposed development is commensurate with the agricultural activities on the site. 2) Development that retains and strengthens food storage, processing, supply and distribution infrastructure will be supported in principle where: a It enhances local food production and/ or supply; and b There are no unacceptable impacts including those associated with transport, environment and public health. 3) Non-agricultural related development on agricultural land will only be permitted where: a It does not have an adverse effect on the efficient operation of an agricultural business. b It does not lead to the fragmentation or severance of a farm holding or compromises agricultural function or key ecological function or habitat integrity.

FARM DIVERSIFICATION

Proposals for farm diversification involving the use of agricultural land or buildings will be permitted providing: i) they are consistent with Policy RE5 (protection of high grade agricultural land) ii) they complement the agricultural function of the holding iii) they do not compromise the agricultural function of the holding or lead to the fragmentation or severance of a farm holding iv) the activity will not lead to an unacceptable impact on the viability of nearby town or village centres v) in the case of a farm shop, the operation would not prejudice the availability of accessible convenience shopping to the local community vi) they do not compromise key ecological function or key habitat integrity vii) existing buildings are re-used in accordance with Policy RE6 Where existing buildings cannot be re-used in accordance with Policy RE6, new buildings will be permitted only where they are required for uses directly related to the use of, or products from the associated land holding, are small in scale, well designed and grouped with existing buildings.

RETROFITTING EXISTING BUILDINGS

Retrofitting measures to existing buildings to improve their energy efficiency and adaptability to climate change and the appropriate incorporation of micro-renewables will be encouraged. Priority will be given to facilitating carbon reduction through retrofitting at whole street or neighbourhood scales to reduce costs, improve viability and support coordinated programmes of improvement. Masterplanning and 'major development' (as defined in the Town & Country Planning (Development Management Procedure (England) Order 2010) in the District should demonstrate that opportunities for the retention and retrofitting of existing buildings within the site have been included within the scheme. All schemes should consider retrofitting opportunities as part of their design brief and measures to support this will be introduced. Retrofitting Historic Buildings The Council will seek to encourage and enable the sensitive retrofitting of energy efficiency measures and the appropriate use of micro-renewables in historic buildings (including listed buildings and buildings of solid wall or traditional construction) and in conservation areas, whilst safeguarding the special characteristics of these heritage assets for the future. Proposals will be considered against national planning policy. The policy will be supported by the Council's Energy Efficiency, Retrofitting and Sustainable Construction Supplementary Planning Document. Houses in Multiple Occupation In the case of a house in multiple occupation the property must achieve an Energy Performance Certificate "C" rating as required by policy H2.

DISTRICT HEATING

The use of combined heat and power (CHP), and/or combined cooling, heat and power (CCHP) and district heating will be encouraged. Within the two "district heating priority areas", indicated on Diagram 19 (Bath Central and Bath Riverside), and shown in detail in the associated evidence base, development will be expected to incorporate infrastructure for district heating, and will be expected to connect to existing systems where and when this is available, unless demonstrated that this would render development unviable, or if an alternative zero carbon heat source is proposed. Within the remaining 12 "district heating opportunity areas" shown on Diagram 19, (Radstock, Midsomer Norton, Paulton, Bath Spa University, Twerton, Kingsway, Bathwick, Moorfields, Odd Down, Lansdown, RUH, Keynsham High Street & Keynsham Somerdale), development will be encouraged to incorporate infrastructure for district heating, and will be expected to connect to any existing suitable systems (including systems that will be in place at the time of construction), unless it is demonstrated that this would render development unviable. Masterplanning and major development in the District should demonstrate a thermal masterplanning approach considering efficiency/opportunity issues such as mix of uses, anchor loads, density and heat load profiles to maximise opportunities for the use of district heating. Where a district heating scheme is proposed as part of a major development the Council will expect the scheme to demonstrate that the proposed heating and cooling systems (CHP/CCHP) have been selected considering the heat hierarchy in line with the following order of preference: 1. Connection with existing CHP/CCHP distribution networks 2. Site wide CHP/CCHP fed by renewables 3. Communal CHP/CCHP fuelled by renewable energy sources 4. Gas fired CHP/CCHP

CONVENTIONAL AND UNCONVENTIONAL HYDROCARBONS

1. Development involving the exploration and/or appraisal of oil and gas resources in Bath and North East Somerset will only be permitted provided it can be demonstrated that: a well sites and associated facilities would be sited in the least sensitive location from which the target reservoir can be accessed; and b drilling at the proposed location will not generate unacceptable adverse impacts on the integrity of the underlying geological structure or groundwater resource(s); and c the proposal does not give rise to any potential adverse impacts on amenity, human health, public safety and the natural and historic environment which cannot be successfully mitigated; and d possible effects that might arise from the development would not adversely affect the integrity of a European site or species. 2. In the case of proposals for the production of oil or gas development permission will only be granted provide it can be demonstrated to the satisfaction of the Council that, in addition to the above requirements: a a full appraisal of the oil and /or gas resource has been undertaken that confirms production will be viable; and b a development framework for the site, incorporating or supplemented by justification for the number and extent of the proposed production facilities and assessment of the economic impacts. 3. Development that is likely to have any adverse impact on the quality or yield of the Bath Hot Springs will not be permitted. 4. Permission will only be granted for extraction in the AONBs in exceptional circumstances and substantial harm to a World Heritage Site will be wholly exceptional. 5. The decommissioning, restoration and aftercare of a site will be required to be carried out to a high standard in the shortest possible time, at the earliest possible opportunity, to a timescale to be agreed with the Council. 6. In all cases, where investigations identify a need for safeguards or mitigation, appropriate conditions may be imposed, or agreements sought.

RENEWABLE ENERGY

Development should contribute to achieving the following minimum level of Renewable Electricity and Heat generation by 2029. Capacity (Megawatt) Electricity 110MWe (Megawatt Electricity) Heat 165MWth (Megawatt Thermal) Proposals for All Standalone Renewable Energy Types 1) Proposals for all renewable and low carbon energy-generating and distribution networks, will be supported in the context of sustainable development and climate change, where: a) They balance the wider environmental, social and economic benefits of renewable electricity, heat and/or fuel production and distribution; b) They will not result in significant adverse impacts on the local environment that cannot be satisfactorily mitigated and they accord with national policy, including: • impacts to biodiversity; • landscape and visual impacts including cumulative effects; • impacts on the special qualities of all nationally important or protected landscapes which must be conserved or enhanced; • when considering applications for development within Areas of Outstanding Natural Beauty permission should be refused for major development other than in exceptional circumstances as set out in national policy, and where it can be demonstrated that the development is in the public interest; c) They are informed by an assessment of the impact the development might have on the significance of heritage assets and their settings, including the outstanding universal value of Bath World Heritage Site. Any harmful impact on the significance of a designated heritage asset requires a clear and convincing justification, detailing the benefits of the proposal and enabling them to be weighed against any harm that would be caused; d) They are supportive of land diversification and continued agricultural use; e) They provide at least 10% biodiversity net gain and multi-functional Green Infrastructure e.g. permissive paths and wildlife corridors; and f) There are appropriate plans and a mechanism in place for the removal of the technology on cessation of generation, and restoration of the site to its original use or an acceptable alternative use; Opportunities for co-location of energy producers with energy users will be supported. Support will be given to community led energy schemes where evidence of community support can be demonstrated, with administrative and financial structures in place to deliver/manage the project and any income from it. Wind energy 2) Wind energy development proposals will be supported where they: a) Lie within a landscape area identified as being potentially suitable for this type of development (high, moderate-high, moderate and low-moderate potential areas set out in the Wind Energy Assessment Report and shown on the Policies Map). There will be a presumption against wind energy development proposals in low potential landscape areas. Applicants would need to clearly demonstrate that adverse impacts on the landscape can be satisfactorily mitigated in these areas; b) Demonstrate that, following consultation, the planning impacts identified by the affected local community have been fully addressed by the proposal; c) There is sufficient separation from the proposed wind turbines and/or mitigation measures, to protect residential amenity as a result of noise, shadow flicker and visual intrusion; d) The proposals have addressed any potential adverse effects on the safety of aviation operations and navigational systems; e) Potential interference to television and/or radio reception and information and telecommunications systems will be avoided and/or mitigated; f) The proposed site access arrangements and access routes are suitable for the construction phase, including the delivery of turbine components and construction materials, the operational phase, and the decommissioning of the proposed wind farm. The use of aggregates, concrete batching and provision of grid connection infrastructure ensure adverse impacts are avoided or satisfactorily mitigated; and g) Ensure flight paths and habitat corridors of protected mobile species such as birds and bats, and functionally linked habitat associated with protected sites (SACs; SPAs; SSSIs), are not adversely affected. Ground Mounted Solar Energy 3) The Council particularly encourages ground mounted solar energy development proposals on land which is not functionally linked to nationally protected sites (SACs;SPAs,SSSIs) in the high, moderate-high, moderate potential areas set out in the Solar Assessment Report and shown on the Policies Map (subject to the other criteria in this policy). Proposals will be acceptable in other areas (of lower potential) provided that applicants clearly demonstrate that adverse impacts on the landscape can be satisfactorily mitigated (as set out in 1b). (See SCR2 for roof mounted solar) In addition, ground mounted solar energy development proposals will be supported where they: a) Are not sited on the best and most versatile agricultural land (Grades 1, 2, and 3a) unless significant sustainability benefits are demonstrated to outweigh any loss; b) Maintain grazing regimes within SAC bat sustenance zones; c) Avoid the loss of hedgerow & woodland connectivity; d) Avoid the loss and deterioration of UK priority habitats (as shown on the Policies Map); and e) Meet current best practice guidelines and standards on protection and enhancement of biodiversity Energy balancing plants 4) Energy installations to balance electricity demand and supply in order to assist the transition to 100% renewable electricity must be met by: 1. Energy storage plant co-located with renewable energy generation plant; or 2. Freestanding energy storage plant Balancing plant, or other freestanding energy generation plant, that increases the District's carbon emissions, for example those that burn fossil fuels directly, such as gas or fuels derived from oil, will be refused unless it can be demonstrated by the applicant that the proposal is required for the purposes of temporarily supporting energy needs for a specified and limited temporary period of time. Applications for energy plant utilising virgin plant feedstocks will need to robustly demonstrate that the feedstock will be sourced sustainably. Delivery 1. Renewable Energy schemes will be encouraged through a range of mechanisms under the influence of the Council and its partners, including via Planning Services, information and advice services, community enabling and support projects. 2. Delivery will be through the Development Management process. The Sustainable Construction Checklist and Design & Access Statements will be used to assess the approach taken to renewable energy in planning applications. 3. Also crucial to effective delivery will be working in partnership with key stakeholders such as local communities, businesses, Parish Councils and amenity groups. 4. Signposting of renewable energy information including public awareness events can also be provided on the website with links to relevant service areas.

Roof Mounted/Building Integrated Scale Solar PV

1. Where planning permission is required for roof mounted/building integrated solar PV, the following matters should be addressed: a) The use of monochrome, non-reflective photovoltaic materials to complement the existing roof material b) The facilitation of a regular, rhythmic pattern for multiple arrays wherever possible In all development, particularly new build dwellings which incorporate solar energy, the photovoltaic materials should be considered as part of the overall scheme design.

Sustainable Construction Policy for New Build Residential Development

New build residential development will be required to meet the standards set out below. New build residential development will aim to achieve zero operational emissions by reducing heat and power demand then supplying all energy demand through onsite renewables. Through the submission of an appropriate energy assessment, having regard to the Sustainable Construction Checklist SPD, proposed new residential development will demonstrate the following; • Space heating demand less than 30kWh/m2/annum; • Total energy use less than 40kWh/m2/annum; and • On site renewable energy generation to match the total energy use, with a preference for roof mounted solar PV • Connection to a low- or zero-carbon District heating network where available Major residential development In the case of major developments where the use of onsite renewables to match total energy consumption is demonstrated to be not technically feasible (for example with apartments) or economically viable, renewable energy generation should be maximised and the residual on site renewable energy generation (calculated as the equivalent carbon emissions)must be offset by a financial contribution paid into the Council's carbon offset fund where the legal tests set out in the Community Infrastructure Regulations are met.

Sustainable Construction Policy for New Build Non-Residential Buildings

New build non-residential major development will maximise carbon reduction through sustainable construction measures. Through the submission of an appropriate energy assessment having regard to the Sustainable Construction Checklist SPD all planning applications will provide evidence that the standards below are met. Major development is to achieve a 100% regulated operational carbon emissions reduction from Building Regulations Part L 2013 (or future equivalent legislation), following the hierarchy set out below. • Minimise energy use through the use of energy efficient fabric and services • Residual energy use should be met through connection to a low- or zero-carbon heat network if available. • Maximise Opportunities for renewable energy to mitigate all regulated operational emissions. • Residual carbon emission that cannot be mitigated on site should be offset through a financial contribution to the council's carbon offset fund

Embodied Carbon

Large scale new-build developments (a minimum of 50 dwellings or a minimum of 5000m2 of commercial floor space) are required to submit an Embodied Carbon Assessment having regard to the Sustainable Construction Checklist SPD that demonstrates a score of less than 900kgCO2e/m2 can be achieved within the development for the substructure, superstructure and finishes.

ROOF MOUNTED/BUILDING INTEGRATED SCALE SOLAR PV

1. Where planning permission is required for roof mounted/building integrated solar PV, the following matters should be addressed: a) The use of monochrome, non-reflective photovoltaic materials to complement the existing roof material b) The facilitation of a regular, rhythmic pattern for multiple arrays wherever possible In all development, particularly new build dwellings which incorporate solar energy, the photovoltaic materials should be considered as part of the overall scheme design.

COMMUNITY RENEWABLE ENERGY SCHEMES

1. The positive benefits of community energy schemes will be a material consideration in assessing renewable energy development proposals. 2. The preference is for schemes that are led by and directly meet the needs of local communities, in line with the hierarchy and project attributes below: Community Led Energy: a) Project part or fully owned by a local community group or social enterprise b) Local community members have a governance stake in the project or organisation e.g. with voting rights 3. In the case of renewable energy proposals within the Green Belt, where community benefits are proposed to meet the "very special circumstances" test, the following criteria will be considered: a) The contribution to achieving the targets set out in Policy CP3 of the Core Strategy to increase the level of renewable electricity and heat generation in the district; b) The contribution that will be made to local and national renewable energy and carbon reduction targets; c) Social and economic benefits. For example, local job creation opportunities; raising the quality of life in rural areas through diversification of agricultural land and generating an alternative income for farmers; d) The temporary nature of the renewable energy development and the ability to restore land to its original condition at the end of the project's life; e) Contributions to improving the biodiversity, public amenity and soils in the vicinity of the scheme. 4. In all cases schemes will only be permitted if there is no unacceptable impact on the significance of a designated and non-designated heritage asset.

FLOOD RISK MANAGEMENT

Development in the District will follow a sequential approach to flood risk management, avoiding inappropriate development in areas at risk of flooding and directing development away from areas at highest risk in line with Government policy NPPF). Any development in areas at risk of flooding will be expected to be made safe throughout its lifetime, by incorporating mitigation measures, which may take the form of on-site flood defence works and/or a contribution towards or a commitment to undertake such off-site measures as may be necessary. All development will be expected to incorporate sustainable drainage systems to reduce surface water run-off and minimise its contribution to flood risks elsewhere. All development should be informed by the information and recommendations of the B&NES Strategic Flood Risk Assessments and Flood Risk Management Strategy

Green Belt

The general extent of the Green Belt is set out on the Core Strategy Key Diagram. The detailed boundaries and inset villages are defined on the Policies Map. The openness of the Green Belt will be protected from inappropriate development in accordance with national planning policy.

MINERALS

Mineral sites and allocated resources within Bath & North East Somerset will be safeguarded to ensure that existing and future needs for building stone can be met. The production of recycled and secondary aggregates will be supported by safeguarding existing sites and identifying new sites. Minerals Safeguarding Areas will be designated to ensure that minerals resources which have a potential for future exploitation are safeguarded and not needlessly sterilised by non-mineral developments. Where it is necessary for non-mineral development to take place within a Minerals Safeguarding Area the prior extraction of minerals will be supported. Potential ground instability issues, including those associated with the historical mining legacy, and the need for related remedial measures should be addressed as part of the proposal in the interests of public safety. Mineral extraction that has an unacceptable impact on the environment, climate change, local communities, transport routes or the integrity of European wildlife sites which cannot be mitigated will not be permitted. The scale of operations should be appropriate to the character of the area and the roads that serve it. Reclamation and restoration of a high quality should be carried out as soon as reasonably possible and proposals will be expected to improve the local environment.

Visual Amenities of the Green Belt

Development within or conspicuous from the Green Belt should not prejudice but seek to enhance the visual amenities of the Green Belt by reason of its siting, design or materials used for its construction.

Limited Infilling in Green Belt Villages

New buildings in villages in the Green Belt will not be permitted unless it is limited to infilling or it falls under the exceptions to inappropriate development listed within the NPPF. Proposed limited infill development should be located within the defined Infill boundary shown on the Policies Map and will have to meet the definition of limited infill as set out below to be considered acceptable. The definition of limited infilling is the filling of small gaps in existing development comprising: a) The building of one or two houses on a small vacant plot in an otherwise extensively built-up frontage; and b) The plot is generally surrounded on at least three sides by developed sites or roads. Forms of development which fall within the other exceptions to inappropriate development set out in NPPF, paragraph 149 will be dealt with consistent with national policy set out in the NPPF.

Extensions and Alterations to Buildings in the Green Belt

Proposals to extend or alter a building in the Green Belt will only be permitted provided they would not represent a disproportionate addition over and above the size of the original building

LOCAL GREEN SPACES

1. Development that would conflict with the reasons that the local green space has been demonstrated to be special to the local community and holds a particular local significance; and prejudice its role as Local Green Space will not be permitted unless very special circumstances are demonstrated. 2. Local Green Spaces are defined on the Policies Map and additional areas may also be designated as Local Green Space in Neighbourhood Plans.

MINERAL SAFEGUARDING AREAS

Non mineral development within Mineral Safeguarding Areas as shown on the Policies Map will be permitted provided: 1. It will not sterilise or unduly restrict the extraction of mineral deposits which are, or may become, of economic importance and which are capable of being worked; and 2. It will not adversely affect the viability of exploiting a mineral resource or be incompatible with an existing or potential minerals development; or 3. It is practicable and environmentally acceptable to extract the mineral before development commences and this is secured as part of the development.

MINERALS ALLOCATIONS

The following sites, as shown on the Policies Map, are allocated for mineral extraction: 1. Upper Lawn Quarry, Bath and preferred area; and 2. Stoke Hill Mine, Limpley Stoke and area of search. Mineral extraction outside of these areas will not be permitted unless it can be demonstrated that the need for the mineral cannot be met from the allocated sites or from adjoining authority areas. Proposals for mineral extraction involving the production of crushed rock or other aggregate minerals as a primary activity will not be permitted.

AGGREGATE RECYCLING FACILITIES

The development of aggregate recycling facilities will only be permitted at the following locations: 1) Active mineral or waste management sites where the development will not conflict with or unreasonably delay the restoration of the site; or 2) Land used for general industrial (B2 use); or 3) Previously developed land not already allocated for alternative uses.

WINNING AND WORKING OF MINERALS

Within the context of Policy CP8a the winning and working of minerals and ancillary minerals development will be permitted where: 1.The need for the mineral is demonstrated having had regard to the availability of alternative sources of primary, secondary and recycled materials 2.The scale and nature of the proposed development is compatible with the character of the area 3.Adequate safeguards can be secured for the protection of the environment and the amenities of the area 4.Satisfactory provision is made for the restoration of the site which maintains or enhances its value to the environment and/or community and 5.The access roads are adequate for the type and volume of traffic or can be upgraded without comprising the character or adversely affecting the environment in the vicinity of the road.

Green Infrastructure

Development will be permitted provided: a) it can be demonstrated that the proposed development design will maximise opportunities for effective and functional Green Infrastructure (GI) focussing on the use of nature based solutions to deliver community benefits b) it does not adversely affect the integrity and value of strategic GI corridors; c) the scheme makes a positive contribution to the GI network through the creation, enhancement and management of new, and existing GI assets, linking to active travel routes where feasible to improve accessibility and where possible creating or enhancing linkages with existing or in-development strategic GI projects; and

Green Infrastructure

Proposals for major developments should also be accompanied by: a) a plan of the existing green infrastructure assets within and around the development site; and b) a GI "proposal" demonstrating how GI has been incorporated into the scheme in order to increase function and improve connectivity of GI assets, demonstrate the delivery of a range of nature-based solutions and include links to existing the local and strategic networks and providing new connections between existing and/or new linear wildlife habitats.

Green Infrastructure

Developers will be required to address GI in any submitted site Masterplan which as a minimum fulfils the requirements of clauses 1) and 2) above.

POLLUTION AND NUISANCE

Development will only be permitted providing there is: 1) no unacceptable risk from existing or potential sources of pollution or nuisance on the development, or 2) no unacceptable risks of pollution to other existing or proposed land uses arising from the proposal

NOISE AND VIBRATION

1) Development will only be permitted where it does not cause unacceptable increases in levels of noise and/or vibration that would have a significant adverse effect on health and quality of life, the natural or built environment or general amenity unless this can be minimised or mitigated to an acceptable level. 2) Noise-sensitive development should avoid locations wherever possible where the occupants would be subject to unacceptable levels of noise or vibration from an existing noise source.

AIR QUALITY

1) Development will only be permitted where the proposal: a) does not give rise to polluting emissions which have an unacceptable adverse impact on air quality, health, the natural (in particular designated wildlife sites) or built environment or local amenity of existing or proposed uses from air polluting activities, or b) is not located where it would be at unacceptable risk from, or be adversely affected by existing sources of odour, dust and /or other forms of air pollution 2) New development located within an Air Quality Management Area should be consistent with the local air quality action plan.

HAZARDOUS SUBSTANCES

Applications for hazardous substances consent, and developments involving the use, manufacture, storage or production of hazardous substances, will only be permitted where: 1) The proposal is sited at an appropriate distance from existing and proposed residential areas, areas of public use and areas of particular natural sensitivity, in order to maintain safety and amenity; 2) There would be no unacceptable risk to those who potentially use developments that would fall within any associated safety zones identified by the Health and Safety Executive and to protected wildlife sites; 3) The hazardous substances would be stored in a way that does not give rise to harm to the environment that cannot be minimised. Development in close proximity to an existing hazard will only be permitted where there is no unacceptable risk to public safety and amenity.

CONTAMINATION

Development will only be permitted on land either known to be or strongly suspected of being contaminated, or where development may result in the contamination of land or the release of contaminants from adjoining land, provided: 1) the proposal would not cause significant harm or risk of significant harm to health or the environment or cause pollution of any watercourse, water body or aquifer 2) remediation measures are put in place as appropriate, and 3) any identified potential harm can be suitably mitigated The onus will be with the developer and/or landowner for securing a safe development.

UNSTABLE LAND

Where there is a risk that the land may be unstable, development will only be permitted where it is demonstrated that: 1) the site is capable of being developed without adversely affecting the stability of the development or that of neighbouring land; and 2) any remedial and/or precautionary measures proposed as a result of the development do not adversely affect local amenities and/or environmental interests. The onus will be with the developer and/or landowner for securing a safe development and for submitting the necessary Risk Assessment(s) to support the proposal.

WATER SOURCE PROTECTION ZONES

1) Development proposals that would adversely affect the quality or quantity of water resources by means of pollution and/or derogation of the resource will not be permitted. 2) Applicants will be expected to undertake robust assessments to support applications affecting Groundwater Source Protection Zones as defined by the Environment Agency.

BATH HOT SPRINGS

Development that has any adverse impact on the quality or yield of the Bath Hot Springs will not be permitted.

ENVIRONMENTAL QUALITY

1. High Quality Design The distinctive quality, character and diversity of Bath and North East Somerset's environmental assets will be promoted, protected, conserved or enhanced through: a: high quality and inclusive design of schemes, including transport infrastructure, which reinforces and contributes to its specific local context, creating attractive, inspiring and safe place. b: assessing all major development schemes with a residential component using the Building for Life 12 design assessment tool (or equivalent methodology). As a guide development should seek to achieve a score of no 'reds', design out all 'ambers' and achieve a majority of 'greens'. A Building for Life 12 Assessment should be included within the Design and Access Statement. 2. Historic Environment The sensitive management of Bath & North East Somerset's outstanding cultural and historic environment is a key component in the delivery of sustainable development. The Council will protect, conserve and seek opportunities to enhance the historic environment including the character and setting of designated and other heritage assets. The sensitive reuse and adaptation of historic buildings and spaces will be supported, and in areas where regeneration is required the imaginative integration of new development with the historic environment will be promoted. Where development has a demonstrable public benefit, including mitigating and adapting to climate change, this benefit will be weighed against any harm to the significance of the heritage asset. The Council will continue to develop strategies and guidance which ensure the historic environment and its significance is understood, recorded, promoted and enjoyed, and is sensitively and proactively managed, including those heritage assets most under threat. A positive and proactive conservation strategy will be promoted through the Placemaking Plan. 3. Landscape The distinctive character and quality of Bath and North East Somerset's landscapes will be conserved or enhanced. 4. Nature Conservation The quality, extent and robustness of protected sites and valued habitats will be enhanced, and networks of valued habitat will be restored or created, by measures which: a: Improve the quality and/or increase the size of current sites and valued habitat. b: Enhance connections between, or join up, sites and valued habitats. c: Create new sites and valued habitats. d: Reduce the pressures on wildlife by improving the wider environment. New Development will protect and enhance international, national and local sites and existing networks of valued habitats; facilitate migration and dispersal though the natural and built environment; and seek to reduce fragmentation of existing habitats. The Council will promote the management, conservation, enhancement or restoration of environmental assets. Sustainable opportunities for improved access to and enjoyment of these assets will be promoted where it does not compromise the integrity of the asset.

GREEN INFRASTRUCTURE

The integrity, multi-functionality, quality and connectivity of the strategic Green Infrastructure (GI) network will be protected, enhanced and managed. Opportunities will be taken to connect with, improve and extend the network. Existing and new GI must be planned, delivered and managed as a key delivery mechanism for nature recovery and an integral part of creating healthy and sustainable communities.

Safeguarding Existing Sport and Recreational Facilities

Development involving the loss of open space (amenity green space, parks and recreation grounds, outdoor sports space, play space for children and youth, accessible natural green space), land and buildings of value for sports and recreation as shown on the Policies Map, will only be permitted provided it can be demonstrated: 1) is a surplus of similar facilities in the area and that the loss would not adversely affect the existing and potential recreational needs of the local population, making allowance for the likely demand generated by allocations in this area; or 2) the proposed development only affects land which is incapable of being used for sport and recreation; or 3) suitable replacement facilities of at least equivalent quality, quantity and community value are provided in locations accessible by sustainable transport modes; or 4) the proposed development is for an indoor or outdoor sports facility with at least equal benefit to the development of sport and community access to sport to outweigh the loss of the existing or former recreational use, and 5) in the case of open space, it is not critical component of eco/green infrastructure network and any redevelopment improves habitat connectivity.

PROTECTING ALLOTMENTS

1) Development resulting in the loss of land used for allotments (or land evidenced as last used as allotments) will not be permitted, unless: a) The importance of the development outweighs the community value of the site as allotments and suitable, equivalent and accessible alternative provision is made elsewhere within a reasonable catchment area (as defined by the Green Space Strategy) and in line with LCR9; or b) the site is allocated for another use in the Placemaking Plan and suitable, equivalent and accessible alternative provision is made in line with LCR9. 2) Any loss of amenity land related to allotments should not compromise the proper function of allotment gardens including access, storage of tools, other communal areas or orchards, unless satisfactory mitigation can be delivered. 3) Existing formal allotments are identified on the Policies Map.

INCREASING THE PROVISION OF LOCAL FOOD GROWING

1) The identification of all new allotments sites must comply with the B&NES Allotments Site Selection Criteria and must: a) Be suitable for productive use. b) Be accessible to the area they are intended to serve. c) Be suitable for use as allotments through appropriate design (e.g. considering ecology and landscape). 2) New allotments must be well designed and managed in line with the B&NES Allotments Management Plan & B&NES Allotment Design Guide and must have a site Management Plan. 3) All residential development (including purpose built student accommodation and care homes) will be expected to incorporate opportunities for informal food growing, wherever possible (e.g. border planting, fruit bushes and trees, orchards and nutteries window boxes, balcony gardens, rooftop planters, external courtyards, edible planting, vertical planting, herb gardens, raised beds, garden space etc.). Suitable ongoing maintenance arrangements will need to be made. 4) Informal food growing space will be supported in principle including the temporary use of vacant sites for amenity land and informal food growing. 5) Where new development generates a need for allotments which cannot be met on-site or by existing provision, the developer will be required to either provide for, or to contribute to the provision of allotments to meet the need arising from the new development in accordance with the standards set out in the Green Space Strategy, and Planning Obligations SPD or successor documents.

DEVELOPMENT AND GREEN INFRASTRUCTURE

1. Development will be permitted provided: a) it can be demonstrated that the proposed development design will maximise opportunities for effective and functional Green Infrastructure (GI) focussing on the use of nature based solutions to deliver community benefits b) it does not adversely affect the integrity and value of strategic GI corridors; c) the scheme makes a positive contribution to the GI network through the creation, enhancement and management of new, and existing GI assets, linking to active travel routes where feasible to improve accessibility and where possible creating or enhancing linkages with existing or in-development strategic GI projects; and 2. Proposals for major developments should also be accompanied by: a) a plan of the existing green infrastructure assets within and around the development site; and b) a GI "proposal" demonstrating how GI has been incorporated into the scheme in order to increase function and improve connectivity of GI assets, demonstrate the delivery of a range of nature-based solutions and include links to existing the local and strategic networks and providing new connections between existing and/or new linear wildlife habitats. 3. Developers will be required to address GI in any submitted site Masterplan which as a minimum fulfils the requirements of clauses 1) and 2) above.

CONSERVING AND ENHANCING THE LANDSCAPE AND LANDSCAPE CHARACTER

1. Development will be permitted where it: a) conserves or enhances local landscape character, landscape features and local distinctiveness b) incorporates green space within the scheme that positively contributes to creating a high quality environment by enhancing landscape character and biodiversity and providing sustainable public access and other landscape benefits c) is demonstrated that the whole scheme, including hard landscape and planting proposals, will contribute positively to the local area including reference to relevant existing landscape assessments supplemented by any additional assessments d) conserves or enhances important views particularly those to significant landmarks and features and take opportunities to create new local views and vistas. 2. Development should seek to avoid or adequately mitigate any adverse impact on landscape. 3. Proposals with potential to impact on the landscape / townscape character of an area or on views should be accompanied by a Landscape and Visual Impact Assessment undertaken by a qualified practitioner to inform the design and location of any new development. 4. Great weight will be afforded to conserving and enhancing landscape and scenic beauty of designated Areas of Outstanding Natural Beauty (AONBs), and with particular reference to their special qualities.

LANDSCAPE SETTING OF SETTLEMENTS

Any development should seek to conserve and enhance the landscape setting of settlements and their landscape character, views and features. Development that would result in adverse impact to the landscape setting of settlements that cannot be adequately mitigated will not be permitted.

EXTENSION OF RESIDENTIAL GARDENS IN THE COUNTRYSIDE

Proposals to extend residential garden land will be permitted provided it can demonstrated that there are no adverse impacts on the setting of the site or property, residential amenity, local rural landscape character, key habitat features and/or ecological functions and that the proposed boundary treatment is sympathetic to the location and that there is no conflict with Green Belt policy.

SITES, HABITATS AND SPECIES

Development resulting in significant harm to biodiversity will not be permitted. Harm to biodiversity must always first be avoided and minimised. Where avoidance of harm is not possible, mitigation, and as a last resort, compensation must be provided, to at least equivalent ecological value. For designated sites and other important habitat, this means: 1 Development that would adversely affect, directly or indirectly, internationally designated sites (such as RAMSAR) and sites within the National Sites Network (including new and existing SACs and SPAS) will not be permitted other than in exceptional circumstances where: • There are no feasible alternative solutions that would be less damaging or avoid damage to the site. • The proposal needs to be carried out for imperative reasons of overriding public interest. • The necessary compensatory measures can be secured. 2 Development that would adversely affect, directly or indirectly nationally designated sites including SSSIs will not be permitted except in exceptional circumstances where: a) the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of Sites of Special Scientific Interest b) mitigation measures can be secured to prevent any significant adverse effect on the site, including retention of existing habitat and vegetation in situ; and c) provision of replacement habitat creation and bespoke measures. 3 Development that would adversely affect, directly or indirectly other, habitats or features of biodiversity/geodiversity importance or value will only be permitted in the following cases: a) for Sites of Nature Conservation Importance; Local Nature Reserves, Regionally Important Geological/ Geomorphological Sites and other sites of equivalent nature conservation value, where material considerations are sufficient to outweigh the local biological geological / geomorphological and community/amenity value of the site; where impacts have been minimised; and where there are opportunities to replace and/or offset the loss to at least equivalent or greater ecological value b) for UK Priority Habitats (not covered by Clause 4), where the importance of the development and its need for that particular location is sufficient to override the value of the species or habitat; and where impacts have been minimised; and where it can be demonstrated that it is possible to replace and/or offset the loss to at least equivalent or greater ecological value c) for locally important habitats, where the importance of the development and its need for that particular location is sufficient to override the value of the habitat; d) for features of the landscape such as trees, copses, woodlands, grasslands, batches, ponds, roadside verges, veteran trees, hedgerows, walls, orchards, and watercourses and their corridors if they are of amenity, wildlife, or landscape value, or if they contribute to a wider network of habitats, where such features are retained and enhanced unless the loss of such features is unavoidable and material considerations outweigh the need to retain the features. 4. Development is expected to protect and enhance irreplaceable habitats (within B&NES including (but not confined to) ancient woodlands; ancient and veteran trees; priority grasslands; or SAC bat habitat within juvenile sustenance's zones). Development negatively impacting irreplaceable habitat will not be permitted unless there are wholly exceptional circumstances* and a suitable mitigation and compensation strategy is provided. 5. In all cases: a) Firstly, any harm to the nature conservation value of the site should be avoided where possible before mitigation and as a last resort compensation are considered and b) secondly, compensatory provision of at least equal nature conservation value is made for any outstanding harm, and c) Thirdly, Biodiversity Net Gain will be delivered and managed in perpetuity (minimum of 30 years) through the appropriate means e.g. a legal agreement d) Then, as appropriate: (i) Measures for the protection and recovery of priority species are made. (ii) Provision is made for the management of retained and created habitat features. (iii) Site lighting details are designed to avoid harm to nature conservation interests; including habitat connectivity and function as part of an ecological corridor. For protected species this means: Adverse impacts on European, UK protected species, UK Priority and locally important species must be avoided wherever possible (i) subject to the legal tests afforded to them, if applicable; and (ii) otherwise, unless the need for and benefits of the proposed development clearly outweigh the loss; and (iii) where impacts have been minimised; and (iv) it can be demonstrated that it is possible to mitigate and compensate for any loss *Note: wholly exceptional reasons mean, for example, infrastructure projects (including nationally significant infrastructure projects, orders under the Transport and Works Act and hybrid bills), where the public benefit would clearly outweigh the loss or deterioration of habitat.

Biodiversity Net Gain

Development will only be permitted for major developments where a Biodiversity Net Gain of a minimum of 10% is demonstrated and secured in perpetuity (at least 30 years) subject to the following requirements: a) The latest DEFRA metric or agreed equivalent is used to quantify the biodiversity value of the site pre-development, post-development after application of the mitigation hierarchy and for any off-site areas proposed for habitat creation or enhancement both pre- and post development. b) That the assessment be undertaken by a suitably qualified and/or experience ecologist and is submitted together with baseline and proposed habitat mapping in a digital format with the application. c) A management plan will be required, detailing how the post-development biodiversity values of the site and any supporting off-site provision will be secured, managed and monitored in perpetuity. d) Any off-site habitats created or enhanced are well located to maximise opportunities for local nature recovery. For minor developments, development will only be permitted where no net loss and appropriate net gain of biodiversity is secured using the latest DEFRA Small Sites metric or agreed equivalent. Opportunities to secure Biodiversity Net Gain on householder developments and exempted brownfield sites will be supported.

Ecosystem Services

1) Development will be permitted where ecosystem services are protected and enhanced in order that their benefits and function are optimised with a particular focus on supporting, provisioning, regulatory and cultural services. 2) Ecosystem measures proposed should be described in the Design and Access Statement and can be included within Green Infrastructure provision.

Ecological Networks and Nature Recovery

Development proposals will be expected to demonstrate that a positive contribution will be made to regional Nature Recovery Networks as shown on the Policies Map and for maintaining or creating local ecological networks through habitat creation, protection, enhancement, restoration and/or management.

Trees and Woodland Conservation

1) Development will only be permitted where: a) it seeks to avoid any adverse impact on trees and woodlands of wildlife, landscape, historic, amenity, productive or cultural value; and b) it includes the appropriate retention and new planting of trees and woodlands; and 2) If it is demonstrated that an adverse impact on trees is unavoidable to allow for appropriate development, compensatory provision will be made in accordance with guidance in the Planning Obligations SPD (or successor publication) on replacement tree planting. 3) Development proposals directly or indirectly affecting ancient woodland and ancient trees or veteran trees will not be permitted.

AGRICULTURAL LAND

1) Development which would result in the loss of the best and most versatile agricultural land particularly Grade 1 and 2 will not be permitted unless significant sustainability benefits are demonstrated to outweigh any loss. 2) Where it can be demonstrated that there is an overriding need for a proposal which will result in the loss of agricultural land, development should be steered towards the use of lower quality agricultural land in preference to higher quality agricultural land.

WATER EFFICIENCY

a) All dwellings will be expected to meet the national optional Building Regulations requirement for water efficiency of 110 litres per person per day; b) Rainwater harvesting or other methods of capturing rainwater for use by the residents (e.g. water butts) will be required for all residential development, where technically feasible.

HISTORIC ENVIRONMENT

Safeguarding Heritage Assets 1) Within the scope of Core Strategy Policies B4 and CP6, development that has an impact upon a heritage asset, whether designated or non-designated, will be expected to enhance or better reveal its significance and/or setting, and make a positive contribution to its character and appearance. 2) The District's historic environment shall be sustained and enhanced. This includes all heritage assets including the Bath World Heritage Site, historic buildings, conservation areas, historic parks and gardens, landscape, archaeology and townsc

Historic Environment

Safeguarding Heritage Assets 1) Within the scope of Core Strategy Policies B4 and CP6, development that has an impact upon a heritage asset, whether designated or non-designated, will be expected to enhance or better reveal its significance and/or setting, and make a positive contribution to its character and appearance. 2) The District's historic environment shall be sustained and enhanced. This includes all heritage assets including the Bath World Heritage Site, historic buildings, conservation areas, historic parks and gardens, landscape, archaeology and townscapes of importance. 3) Applications affecting the significance of any heritage asset will be required to provide sufficient information to demonstrate how the proposals would contribute to the asset's conservation. 4) The Historic Environment Record, including Conservation Area Character Appraisals and Management Plans will be used to inform the consideration of future development including potential conservation and enhancement measures. 5) Great weight will be given to the conservation of the District's heritage assets. Any harm to the significance of a designated or non-designated heritage asset must be justified. Proposals will be weighed against the public benefits of the proposal; whether it has been demonstrated that all reasonable efforts have been made to sustain the existing use, find new uses, or mitigate the extent of the harm to the significance of the asset; and whether the works proposed are the minimum required to secure the long term use of the asset. 6) If such harm can be fully justified, where relevant the Council will require archaeological excavation and/or historic building recording as appropriate, followed by analysis and publication of the results. 7) In addition, the following will apply to specific asset types as listed below: a) City of Bath World Heritage Site Development within the City of Bath City World Heritage Site will be expected to comply with Policy B4 of the Core Strategy and all other relevant supplementary information and guidance; and help support the delivery of the World Heritage Site Management Plan. b) Listed buildings The significance of listed buildings is required to be sustained and enhanced. Appropriate repair and reuse of listed buildings will be encouraged. Alterations, extensions or changes of use, or development in their vicinity, will be expected to have no adverse impact on those elements which contribute to their special architectural or historic interest, including their settings. c) Conservation Areas Development, including any proposed demolition, within or affecting the setting of a conservation area will only be permitted where it will preserve or enhance those elements which contribute to the special character or appearance of the conservation area. The Council will look for opportunities from new development within conservation areas and within the setting of heritage assets to enhance or better reveal their significance. d) Archaeology Scheduled monuments and other non-designated archaeological sites of equivalent significance should be preserved in situ. In those cases where this is not justifiable or feasible provision should be made for their excavation and recording. The appropriate publication and curation of the finds/archive will be required. e) Registered Historic Parks and Gardens Development will be expected to respect the design, character, appearance and settings of registered historic parks and gardens and to safeguard those features which contribute to their significance and are integral to their character and appearance. f) Lansdown Registered Historic Battlefield Development will be expected to respect the character, appearance and setting of the Lansdown battlefield, safeguarding those features which contribute to its significance. g) Non-designated heritage assets Proposals affecting non-designated heritage assets, including unscheduled archaeology, unlisted buildings and local parks and gardens, should ensure they are conserved having regard to their significance. Where development viability assessments are required developers should demonstrate that the policy requirements, including to sustain and enhance the District's historic environment, have been considered and reflected in the land or site value.

Somersetshire Coal Canal and the Wansdyke

Development adversely affecting the physical remains and/or historic routes of the Wansdyke or Somersetshire Coal Canal, as defined on the Policies Map, and/or their setting, will not be permitted unless it can demonstrate appropriate mitigation and/or enhancement consistent with Policy HE1. For the section of the Wansdyke lying within the Land adjoining Odd Down, Bath Strategic Site Allocation, Policy B3a will also apply.

GYPSIES, TRAVELLERS & TRAVELLING SHOWPEOPLE

The following criteria will be used to guide the identification and allocation of suitable, available and deliverable or developable sites in a Development Plan Document to respond to the established accommodation needs of Gypsies, Travellers and Travelling Showpeople for the Plan period. Sites for Gypsies, Travellers and Travelling Showpeople accommodation will be allocated and planning applications permitted taking into account the following factors: a: the site is suitably located to allow access to local community services and facilities, including shops, schools and health facilities, and employment opportunities b: satisfactory means of access can be provided and the existing highway network is adequate to service the site c: the site is large enough to allow for adequate space for on-site facilities and amenities including play provision, parking and manoeuvring, as well as any live/work pitches if required to enable traditional lifestyles d: the site is well-designed and well-landscaped and has no unacceptable adverse impact on the character and appearance of the surrounding area e: adequate services including utilities, foul and surface water and waste disposal can be provided as well as any necessary pollution control measures f: there is no unacceptable impact on the amenities, health and well-being of occupiers of the site or on neighbouring occupiers as a result of the development g: the site should avoid areas at high risk of flooding and have no adverse impact on protected habitats and species, nationally recognised designations, landscape designations and heritage assets and their settings and natural resources h: the scale of the development does not dominate the nearest settled community nor place undue pressure on the local infrastructure i: the site does not lie within the Green Belt unless there are exceptional circumstances to justify making an allocation by removing land from the Green Belt or, for a planning application on unallocated land, that very special circumstances exist.

Housing Mix

New housing development, both market and affordable must provide for a variety of housing types and size to accommodate a range of different households, including families, single people and low income households as evidenced by local needs assessments (e.g. B&NES Residential Review, 2007) and the Strategic Housing Market Assessments or future evidence. The mix of housing should contribute to providing choice in tenure and housing type, having regard to the existing mix of dwellings in the locality and the character and accessibility of the location. Housing developments will also need to contribute to the provision of homes that are suitable for the needs of older people, disabled people and those with other special needs (including supported housing projects), in a way that integrates all households into the community. The accommodation needs of older people will be addressed through the application of Placemaking Plan Policy H1.

GYPSIES, TRAVELLERS & TRAVELLING SHOWPEOPLE

The following criteria will be used to guide the identification and allocation of suitable, available and deliverable or developable sites in a Development Plan Document to respond to the established accommodation needs of Gypsies, Travellers and Travelling Showpeople for the Plan period. Sites for Gypsies, Travellers and Travelling Showpeople accommodation will be allocated and planning applications permitted taking into account the following factors: a: the site is suitably located to allow access to local community services and facilities, including shops, schools and health facilities, and employment opportunities b: satisfactory means of access can be provided and the existing highway network is adequate to service the site c: the site is large enough to allow for adequate space for on-site facilities and amenities including play provision, parking and manoeuvring, as well as any live/work pitches if required to enable traditional lifestyles d: the site is well-designed and well-landscaped and has no unacceptable adverse impact on the character and appearance of the surrounding area e: adequate services including utilities, foul and surface water and waste disposal can be provided as well as any necessary pollution control measures f: there is no unacceptable impact on the amenities, health and well-being of occupiers of the site or on neighbouring occupiers

AFFORDABLE HOUSING

Large sites Affordable housing will be required as on-site provision in developments of 10 dwellings or 0.5 hectare and above (the lower threshold applies). The following percentage targets will be sought: - 40% in Prime Bath, Bath North and East, Bath Rural Hinterland; - 30% in Bath North and West, Bath South, Keynsham and Saltford, Midsomer Norton, Westfield, Radstock, Peasedown St John, Paulton and Chew Valley. This is on a grant free basis with the presumption that on site provision is expected. Small sites Residential developments on small sites from 5 to 9 dwellings or from 0.25 up to 0.49 hectare (the lower threshold applies) should provide either on site provision or an appropriate financial contribution towards the provision of affordable housing with commuted sum calculations. The target level of affordable housing for these small sites will be 20% for AH area 1 and 15% for AH area 2 half that of large sites, in order to encourage delivery. In terms of the affordable housing on small sites, the Council will first consider if on site provision is appropriate. In some instances the Council will accept a commuted sum in lieu of on site provision. This should be agreed with housing and planning officers at an early stage. Viability For both large and small sites the viability of the proposed development should be taken into account, including: • Whether grant or other public subsidy is available • Whether there are exceptional build or other development costs • The achievement of other planning objectives • The tenure and size mix of the affordable housing to be provided. Sub-division and phasing Where it is proposed to phase development or sub-divide sites, or where only part of a site is subject to a planning application, the Council will take account of the whole of the site when determining whether it falls above or below the thresholds set out above. Property Size and Mix Residential developments delivering on-site affordable housing should provide a mix of affordable housing units and contribute to the creation of mixed, balanced and inclusive communities. The size and type of affordable units will be determined by the Council to reflect the identified housing needs and site suitability. The type and size profile of the affordable housing will be guided by the Strategic Housing Market Assessment and other local housing requirements but the Council will aim for at least 60% of the affordable housing to be family accommodation including some large 4/5 bed dwellings. Other All affordable housing delivered through this policy should remain at an affordable price for future eligible households, in the event of any sales or staircasing affecting affordable housing unit(s) delivered through Policy CP9 then an arrangement will be made to recycle the receipts/subsidy for the provision of new alternative affordable housing located elsewhere within Bath and North East Somerset. Affordable Housing should be integrated within a development and should not be distinguishable from market housing. Delivery Affordable housing will be delivered in accordance with the Council's Housing Strategy or equivalent. The quantity, tenure balance and type/size mix of the affordable housing will be agreed with the Council's Housing Enabling Team, or equivalent, through the development management process. Applicants are recommended to hold early conversations with Housing Enabling Team in order to agree the affordable housing provision and in particular the likely availability of public subsidy. In exceptional circumstances, where the applicant has demonstrated a scheme is not viable and this has been independently validated, the Council may consider the use of alternative mechanisms to achieve the full affordable housing requirement. Financial contributions towards affordable housing secured from development will be used to meet the housing objectives set out in the Housing Strategy. Any such contribution will contribute to a fund to assist in the delivery of additional affordable housing by supporting a scheme that would otherwise not be viable, increasing the amount of affordable housing in a scheme beyond the grant free position (up to a maximum of 45%), increasing the proportion of larger family units, assisting in the funding of older persons or supported housing or to improve the quality of the affordable housing product on offer.

DISTRICT-WIDE SPATIAL STRATEGY

The overarching strategy for B&NES is to promote sustainable development by: 1: focussing new housing, jobs and community facilities in Bath, Keynsham, and the Somer Valley particularly ensuring: a: there is the necessary modern office space in Bath within or adjoining the city centre to enable diversification of the economy whilst maintaining the unique heritage of the City b: sufficient space is available in Keynsham to reposition the town as a more significant business location whilst retaining its separate identity c: there is deliverable space to enable job growth in the towns and principal villages in the Somer Valley to create a thriving and vibrant area which is more self-reliant socially and economically d: development in rural areas is located at settlements with a good range of local facilities and with good access to public transport 2: making provision to accommodate: • a net increase of 10,300 jobs; • an increase in the supply of housing by around 13,000 homes. Diagram 3a sets out the proposed delivery at adoption of the Local Plan Partial Update. 3: prioritising the use of brownfield opportunities for new development in order to limit the need for development on greenfield sites 4: retaining the general extent of Bristol - Bath Green Belt within B&NES, other than removing land to meet the District's development and sustainable transport needs at the following locations identified on the Key Diagram and allocated on the Policies Map: • Land adjoining Odd Down • Land adjoining East Keynsham (now incorporating allocation of land previously safeguarded for development) • Land adjoining South West Keynsham • Land at Whitchurch • Land allocated for use as transport interchanges at the Odd Down, Newbridge and Lansdown Park and Ride sites 5: requiring development to be designed in a way that is resilient to the impacts of climate change 6: Protecting, conserving and enhancing the District's nationally and locally important cultural and heritage assets 7: protecting and enhancing the District's biodiversity resource including sites, habitats and species of European importance 8: ensuring infrastructure is aligned with new development 9: Reviewing the Core Strategy at around five yearly intervals and when necessary, make changes to ensure that both: a) the objectives are being achieved particularly the delivery of the housing and work space targets set out in Table 9 to ensure that there remains a flexible supply of deliverable and developable land; and b) the Core Strategy is planning for the most appropriate growth targets, particularly housing and work space/jobs.

Housing and Facilities for the Elderly, People with Other Supported Housing or Care Needs

Housing and facilities for the elderly, people with other supported housing or care needs, will be permitted, where: a) The use is compatible with the locality and existing/future uses in the locality, and does not create potential conflicts with existing uses (e.g. potential for visual and noise intrusion if in a city/town centre). b) There is adequate (i) communal space (including cooking and dining areas) and (ii) garden/ outdoor space within the curtilage of the property to meet the needs of the residents. National best practice standards should be met relevant to the type of development proposed, for example development should, follow best practice identified by HAPPI 12, in particular the 10 elements critical to age-inclusive housing: • Generous internal space standards. • Plenty of natural light in the home and circulation spaces. • Balconies and outdoor space, avoiding internal corridors and single-aspect flats. • Adaptability and "care aware" design which is ready for emerging assistive technologies. • Circulation spaces that encourage interaction and avoid an "institutional feel". • Shared facilities and community hubs where these are lacking in the neighbourhood. • Plants, trees and the natural environment. • High levels of energy efficiency, with good ventilation to avoid overheating. • Flexible extra storage for belongings, including bicycles and mobility scooters. • Shared external areas such as "home zones" that give priority to pedestrians. When considering whether a proposal is C2 in use, the following criteria will be considered, alongside other material considerations: • Built Form – scale, range of facilities and communal space • Tenure • Provision of meals • Allocation and eligibility criteria, including the retention of C2 use in perpetuity – the level of care catered for and the type of care contracted for as part of the residence • Housing and support provider model – including whether the facility is regulated by the Care and Quality Commission, or successor/equivalent

Houses in Multiple Occupation

Proposals for: - Change of use from residential (C3) to small HMO (C4) in Bath; - Change of use from residential (C3) to large HMO (Sui Generis) district-wide; - Provision of new build HMO district-wide; - Change of use from other uses to HMO district-wide; and - Intensification of small HMO (C4) to large HMO (Sui Generis) district-wide will be refused if: i. the site is within an area with a high concentration of existing HMOs (having regard to the Houses in Multiple Occupation Supplementary Planning Document, or successor document), as they will be contrary to supporting a balanced community; ii. The HMO is incompatible with the character and amenity of established adjacent uses; iii. The HMO significantly harms the amenity of adjoining residents through a loss of privacy, visual and noise intrusion; iv. The HMO creates a severe transport impact; v. The HMO does not provide a good standard of accommodation for occupiers; vi. The HMO property does not achieve an Energy Performance Certificate "C" rating unless one or more of the following exemptions applies: a) The cost of making the cheapest recommended improvement would exceed £10,000 (including VAT). b) Where all relevant energy efficiency improvements for the property have been made (or there are none that can be made) and the property remains below EPC C. c) Where the proposed energy efficiency measures are not appropriate for the property due to potential negative impact on fabric or structure. d) Where the minimum energy performance requirements would unacceptably harm the heritage significance of a heritage asset. vii. The HMO use results in the unacceptable loss of accommodation in a locality, in terms of mix, size and type; viii. The development prejudices the continued commercial use of ground/lower floors. Where a new build HMO is proposed, development should be consistent with other relevant Local Plan policies and guidance relating to new build residential accommodation. A condition restricting the number of occupants may be attached to permissions where deemed necessary to ensure that no further harmful intensification will occur.

PURPOSE BUILT STUDENT ACCOMMODATION

Purpose built student accommodation of an appropriate scale and design will be permitted: 1. On allocated sites where student accommodation use is specifically identified within the Development Principles; or 2. Elsewhere in the District, only where there is a need for additional student accommodation, and subject to the provisions of policy B5. In these locations proposals for Purpose-Built Student Accommodation will be required to demonstrate that: i. There is a need for additional student accommodation of the type and in the location proposed, evidenced by a formal agreement between the developer and a relevant education provider located within the District, or ii. The proposed development meets the needs of second and third year university students. All proposals for Purpose-Built Student Accommodation will be required to demonstrate that: a) The proposal will not result in a significant negative impact on retail, employment, leisure, tourism, housing or the council's wider strategic objectives; b) The site is in a location accessible by sustainable transport methods, including to the educational establishment to which it is associated; c) The use of the site for student accommodation is appropriate in relation to neighbouring uses; d) The development will not have an unacceptable impact on the amenity of surrounding residents. A management plan will be provided prior to occupation of the development, to ensure adequate management arrangements have been incorporated; e) The internal design, layout and size of accommodation and facilities are of an appropriate standard; f) The proposal provides an appropriate level of car parking having regard to the Transport and Development SPD, and provides adequate provision for servicing, pick up and drop off; g) The proposal provides adequate storage for recycling/refuse and bicycles, having regard to Waste Planning Guidance and the Transport and Development SPD; h) The development has been designed in such a way that it is capable of being re-configured through internal alterations to meet general housing needs in the future if necessary; and i) The proposal accords with other relevant Local Plan policies relating to, but not limited to, impact on the historic environment, high quality design, landscape, transport and access, flood risk and drainage, nature conservation, pollution and contamination, and responding to climate change.

RESIDENTIAL USES IN EXISTING BUILDINGS

The sub-division of existing buildings including outbuildings will be permitted, unless: i. The residential use creates a severe transport impact, (in a way that the existing use would not); ii. The development prejudices the continued commercial use of ground/lower floors. iii. It would lead to a form of sub-division that would harm the significance of a listed building. The re-use of existing empty homes in continuing residential use will be strongly supported.

SELF BUILD

The provision of self build housing will be supported, and CIL will not be charged where the scheme meets the exception criteria. Self-build housing will be supported where the proposals are of sufficient design and sustainability merit, and in line with other policies in the Development Plan.

RETENTION OF EXISTING HOUSING STOCK

Development which would result in the net loss of existing residential units will not be permitted unless, there are benefits that outweigh any harm, such as: i. demonstrable and substantial conservation benefits ii. demonstrable and substantial economic, social or environmental benefits iii. benefits in terms of providing visitor accommodation

MOORINGS

Development involving new and additional moorings will be permitted provided they are located outside the Green Belt and satisfy the following requirements: 1) they have good access to services and facilities (including shops, schools and health facilities), employment opportunities and to public transport and other sustainable transport links 2) there is no conflict with the navigation authority or the Environment Agency's operational requirements 3) adequate servicing and facilities for sewage and rubbish are available or can be provided 4) there is no negative impact on navigational safety 5) there is no adverse impact on the amenity, recreation, heritage and biodiversity interests of the waterway and its banks, landscape character which cannot be succsessfully mitigated 6) they provide adequate pedestrian and service vehicle access including access for emergency services 7) provision of safe access and egress during a flood 8) opportunities to enhance the amenities of the waterways are maximised

HOUSING ACCESSIBILITY

To provide suitable housing that meets the needs of different groups in the community, including disabled people, older people and families with young children, new residential development must ensure that: For affordable housing, 7.8% of dwellings be built to meet Building Regulation M4(3)(2b) standard (wheelchair accessible housing) and the remainder to M4(2) accessible and adaptable dwellings standard within houses, ground floor flats and upper floor flats where a lift is installed, and age restricted homes. For market housing, 5.6% of dwellings to be built to Building Regulation M4(3)(2a) standard (wheelchair adaptable housing) and 48% of the remainder to M4(2) accessible and adaptable dwellings standard. In exceptional circumstances, factors such as vulnerability to flooding, site topography and where the provision of a lift to dwelling entrances may not be achievable, may determine a reduced requirement in terms of Building Regulation M4(2) and M4(3) accessibility standards.

AFFORDABLE HOUSING REGENERATION SCHEMES

There is a general presumption to support the redevelopment of social housing where the following criteria can be demonstrated to be met: i. The physical condition of the housing stock is poor (i.e. the dwellings are substandard, or demonstrably not fit for purpose in the short-medium term or similar); and/or ii. There is a site specific socio-economic justification for re-development led regeneration, considered alongside alternative options for re-modelling or refurbishment; iii. If there is a loss of amenity space, policy LCR5 should be met. Where the principle of redevelopment is accepted, there is a presumption against the net loss of affordable housing, subject to viability considerations and other social balance considerations.

DEVELOPMENT IN THE VILLAGES MEETING THE LISTED CRITERIA

At the villages located outside the Green Belt or excluded from the Green Belt, proposals for residential development of a scale, character and appearance appropriate to the village and its setting will be acceptable within the housing development boundary provided the proposal is in accordance with the spatial strategy for the District set out under Policy DW1 and the village has: a: a primary school and at least 2 of the following key facilities within the village: post office, community meeting place and convenience shop, and b: at least a daily Monday-Saturday public transport service to main centres, Residential development on previously developed sites falling within the scope of Policy ED2B adjoining and closely related to the housing development boundary will be acceptable if the requirements of Policy ED2B and other relevant policies are met. Residential development on sites outside the Green Belt adjoining the housing development boundary at these villages will be acceptable if identified in an adopted Neighbourhood Plan. Proposals at villages located outside the Green Belt or excluded from the Green Belt for employment development of a scale, character and appearance appropriate to the village and its setting will be acceptable within and adjoining the housing development boundary on land outside the Green Belt.

DEVELOPMENT IN VILLAGES OUTSIDE THE GREEN BELT NOT MEETING POLICY RA1 CRITERIA

In villages outside the Green Belt with a housing development boundary defined on the Policies Map and not meeting the criteria of Policy RA1 proposals for some limited residential development and employment development will be acceptable where: a they are of a scale, character and appearance appropriate to the village b: in the case of residential development they lie within the housing development boundary c: in the case of employment development they lie within or adjoining the housing development boundary Limited residential development on sites adjoining the housing development boundary at these villages will be acceptable if identified in an adopted Neighbourhood Plan.

RURAL EXCEPTIONS SITES

As an exception to other policies of the Development Plan, residential development of 100% affordable housing will be permitted provided that: a: it meets a demonstrated local need for affordable housing b: the housing remains affordable in perpetuity c: occupancy of the affordable housing would remain, as a first priority, for those with demonstrated local connections d: the development is in scale and keeping with the form and character of its location e: the development is well related to community services and facilities A small proportion of market housing will be appropriate only where it can be demonstrated that the market housing is essential to cross-subsidise the affordable housing and that the site would be unviable without this cross-subsidy.

ESSENTIAL DWELLINGS FOR RURAL WORKERS

1) New dwellings will not be permitted outside a Housing Development Boundary in the open countryside unless there is an essential need for a rural worker to live permanently at or near their place of work in the countryside and where it can be demonstrated: i) there is a clear functional need for the worker to live on the holding; ii) the business is financially viable iii) the need for the accommodation is for a fulltime worker; iv) the functional need could not be fulfilled by another existing dwelling in the holding or other existing accommodation in the area or through the re-use of an existing building in the holding; v) such dwellings are sited within a hamlet or existing group of buildings and are restricted in size relative to the functional requirements of the business; and vi) occupancy will be restricted to rural workers. 2) New dwellings essential to support a newly established rural business will only be granted for a temporary period provided there is clear evidence of a firm intention and ability to develop the enterprise concerned and the provisions of clause 1) are satisfied.

TELECOMMUNICATIONS DEVELOPMENT

Proposals for telecommunications development will be permitted provided: 1) the siting and appearance of the proposed apparatus and associated structures minimises impact on the visual amenity, character or appearance of surrounding area 2) if on a building, apparatus and associated structures are sited and designed in such a way that minimises impact on the external appearance of the host building 3) in the case of a new mast, it can be demonstrated that the possibility of erecting apparatus on existing buildings, masts or other structures has been fully explored 4) development does not have an unacceptable effect on areas of ecological, landscape or the District's heritage assets such as the Bath World Heritage Site.

BROADBAND

New residential and employment developments should be provided with superfast broadband infrastructure to enable superfast broadband provision and developers and infrastructure providers will be expected to facilitate this through early engagement. Appropriate technology will be identified that will enable the delivery of superfast broadband infrastructure as part of infrastructure planning and should be considered early on as part of a comprehensive utility network plan. Access to superfast broadband (24Mbps+) should be sought, compatible with local broadband fibre networks. Wherever practicable, superfast broadband infrastructure capacity should be incorporated to agreed industry standards. Where it can be demonstrated that such provision would render the development unviable, alternative solutions should be provided as appropriate (such as mobile broadband infrastructure and / or Wi-Fi infrastructure) to enable superfast broadband delivery.

FOUL SEWAGE INFRASTRUCTURE

1. Development will only be permitted where adequate sewage treatment facilities are available or where suitable arrangements are made for their provision. 2. Developments which may result in increased nutrient load to sensitive watercourses should incorporate adequate mitigation measures in compliance with the requirements of the EU Water Framework and Habitats Directives. 3. New developments will be expected to connect to the public sewer system and new sewers and associated infrastructure will be constructed to a standard adoptable by Wessex Water.

INFRASTRUCTURE PROVISION

New developments must be supported by the timely delivery of the required infrastructure to provide balanced and more self-contained communities. The Council will work in partnership with adjoining authorities, local communities and relevant agencies and providers to ensure that social, physical and green infrastructure is retained and improved for communities. Developer contributions will be based on the Planning Obligations SPD and its successors. Infrastructure proposals should not cause harm to the integrity of European wildlife sites which cannot be mitigated. Delivery: The Core Strategy will be supported by an Infrastructure Delivery Programme which will set out Infrastructure requirements and estimated costs, and suggested delivery mechanisms and phasing schedules for infrastructure delivery. Delivery of the policy will be through the Development Management process. Developer contributions will be sought through the use of planning obligations, as set out in Section 106 of the 1990 Town & Country Planning Act and based on the Planning Obligations SPD and its successors. The Council's Community Infrastructure Levy charging schedule which came into effect on 6th April 20215 (or similar local tariff) may be considered. Delivery will also require working in partnership with public and private bodies.

Land Safeguarded for Primary School Use

Land defined on the Policies Map is safeguarded for primary educational purposes. 1) Oldfield Park Junior, Claude Avenue, Bath 0.21 ha. for future expansion. 2) St Saviour's Primary, Bath 0.1 ha. for extension 3) St Keyna Primary, Keynsham 0.65 ha for expansion 4) Welton Primary, Midsomer Norton 1.1 ha. for extension. 5) Land at Silver Street, Norton Hill, Midsomer Norton 4.7 ha. to facilitate primary school provision 6) St. Mary's Primary, Writhlington 1.0 ha. for playing field. 7) Camerton Primary 0.6 ha. for extension 8) Clutton Primary 0.6 ha. for extension. 9) East Harptree Primary 0.25 ha. for playing field. 10) Freshford Primary 0.3 ha. for playing field. 11) Marksbury Primary 0.8 ha. for site extension. 12) Shoscombe Primary 0.4 ha. for extension.

Primary School Capacity

Residential development will only be acceptable where there is a school within a reasonable distance* that has sufficient spare capacity or is able to be expanded to create additional capacity to accommodate the pupil needs arising from the development. *as determined by Department of Education's 'Home to school travel and transport guidance - statutory guidance for local authorities' and successor guidance.

Safeguarding Land for Cemeteries

Land as defined on the Policies Map will be safeguarded for extensions to cemeteries at Haycombe, Bath and Ashgrove Cemetery, Eckweek Lane, Peasedown St John.

AIRPORT AND AERODROME SAFEGUARDING AREAS

Within the airport/aerodrome safeguarding areas as defined by the Civil Aviation Authority and as shown on the Policies Map any development that would prejudice air safety or adversely affect the operational integrity of an aerodrome or airport will not be permitted.

SUSTAINABLE DRAINAGE POLICY

Sustainable Urban Drainage Systems (SuDs) are to be employed for the management of runoff from both major development (as defined by the Town and Country Planning (Development Management Procedure) (England) Order 2015) and for minor development in an area at risk of flooding (from any source up to and including the 1 in 100year+ climate change event). SuDS are to comply with the "Non-statutory technical standards for sustainable drainage systems" published by the Department for Environment, Food and Rural Affairs (DEFRA) and the standards/requirements contained in the West of England Sustainable Drainage Developer Guide (2015), or successor guidance. When making a planning application where SuDS are to be employed, applicants are required to follow the guidance within the "West of England Sustainable Drainage Developers Guide" (2015), or successor guidance, particularly in giving early consideration to SuDS, and it is recommended that a SuDS Proof of Concept is submitted for agreement by the Local Planning Authority at the pre-application stage. Outline applications must be supported by a "SuDS Proof of concept" and full applications must contain a "Sustainable Drainage Strategy" in line with an agreed SuDS Proof of Concept for approval by the Local Planning Authority. If SuDS are demonstrated to be inappropriate, an alternative means of effectively managing the surface water without increasing flood risk (either onsite or offsite) is to be agreed with the Local Planning Authority. As a minimum the SuDS standards (set out in DEFRA`s Non Statutory Technical Standards for sustainable drainage systems and the West of England Sustainable Drainage Developers Guide, or successor documents) relating to the drainage hierarchy, flood risk outside the development, peak flow control and flood risk within the development are to be complied with (using the appropriate climate change allowances).

COMMERCIAL RIDING ESTABLISHMENTS

Proposals for commercial riding establishments will be permitted provided the site is well related to an existing bridleway network and there is: 1) adequate land within the curtilage of the site to allow for the proper care of the horses 2) adequate site supervision without the need for erection of residential accommodation 3) adequate provision for the storage and disposal of animal waste 4) no detriment to visual amenity resulting from the impact of jumps, fences and other equipment 5) no unacceptable adverse impact on ground and soil erosion both on and off site 6) no adverse impact upon other recreational uses in the locality, and 7) no adverse impact on key ecological functions or key habitat integrity New buildings will only be permitted where clauses 1) – 7) are met, and the scale, siting and design have no adverse impact on landscape character. In the case of development in the Green Belt, proposals should be consistent with national Green Belt policy.

PRESUMPTION IN FAVOUR OF SUSTAINABLE DEVELOPMENT

When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area. Planning applications that accord with the policies in this Core Strategy (and, where relevant, with policies in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permission unless material considerations indicate otherwise – taking into account whether: • Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or • Specific policies in that Framework indicate that development should be restricted.

CENTRES AND RETAILING

The centres within the hierarchy of shopping centres set out below and as defined on the Policies Map will be maintained and enhanced: City Centre Bath City Centre Town Centres Keynsham Town Centre, Midsomer Norton Town Centre, Radstock Town Centre District Centres Moorland Road, Bath Local Centres (urban) In Bath: (1) Chelsea Road, (2) Weston High Street, (3) Julian Road, (4) St James Square (5) Margaret's Buildings, (6) Lansdown Road, (7) Camden Road & Fairfield Road, (8) Larkhall High Street (9) London Road, (10) Nelson Place East & Cleveland Place, (11) Walcot Street, (12) Widcombe Parade, (13) Bathwick Street, (14) Bathwick Hill, (16) Bear Flat, (17) The Avenue, Combe Down, (18) Bradford Road), (19) Frome Road, (20) Upper Bloomfield Road, (21) Twerton High Street, (22) Mount Road. In Keynsham: Queen's Road and Chandag Road In the Somer Valley: Westfield Paulton, Peasedown St. John and Timsbury Local Centres (rest of the District) Bathampton, Batheaston, Chew Magna, Saltford, and Whitchurch Retail development, offices, leisure and entertainment uses, markets, community facilities, arts, culture and tourism uses will be primarily located within, or where appropriate, adjoining the centres in the identified hierarchy of centres as required by Policy CR1. Centres will also be the focus for higher density forms of residential development provided the centre is suitable for such development and has a high level of accessibility by public transport, cycling and walking. Uses which contribute to maintaining the vitality, viability and diversity of centres within the hierarchy will be encouraged. Active ground floor uses will be maintained and enhanced. Retail development within the centres listed within the hierarchy and defined on the Policies Map will be permitted, subject to Policy CR3, where it is: a. Of a scale and type consistent with the existing retail function and character of the centre and b. Well integrated into the existing pattern of the centre.

SEQUENTIAL TEST

Retail and other main town centre uses (including commercial leisure) should be located within the centres identified on the Policies Map and in Core Strategy Policy CP12. Where there are no suitable and viable sites available (or expected to become available within a reasonable period) to meet the needs for such uses within centres, edge of centre locations may be appropriate. Sites should be in a location readily accessible on foot, by cycle and by public transport, with preference given to sites that are well connected to the town centre. Out of centre development of main town centre uses will only be acceptable where: i. No suitable or viable centre or edge of centre sites are available (or expected to become available within a reasonable period) and the proposal would be in a location readily accessible on foot, by cycle and by public transport, with preference given to sites that are well connected to the town centre; or ii. The proposal is of a small scale (less than 280sqmgross floorspace), located within the existing urban area of Bath or a settlement with a Housing Development Boundary, and aimed at providing for local needs (refer to Policy CR4). In assessing the availability, suitability and viability of alternative sequentially preferable sites, alternative formats for the proposed uses should be considered. Applicants and the Local Planning Authority should both demonstrate flexibility on format and scale in relation to the form of the proposed development and the consideration of alternative sites. The application of the sequential test should be proportionate and appropriate for the given proposal. If there are no suitable sequentially preferable locations, the sequential test is passed. In all cases regard should also be given to Policy CR2.

IMPACT ASSESSMENTS

Outside the scope of Policy CR4, retail and commercial leisure development outside of centres will not be permitted if: i. It would be liable to have a significant adverse impact on the vitality, viability and diversity of existing centres; or ii. It would have a significant adverse impact on existing, committed or planned investment in a centre or centres in the catchment area of the proposal. Within Bath, an Impact Assessment will be required for retail proposals over 500sqm (gross) that are located outside of the designated town centres and not in accordance with the Local Plan. For the rest of the District, an Impact Assessment will be required for retail proposals over 280sqm (gross) that are located outside of the designated town centres and not in accordance with the Local Plan. For commercial leisure proposals anywhere in the District, an Impact Assessment will be required for schemes over 1,000sqm (gross) that are located outside of a designated town centre and not in accordance with the Local Plan. The application of the impact test should be proportionate and appropriate for the given proposal.

PRIMARY SHOPPING AREAS AND PRIMARY SHOPPING FRONTAGES

Development within Primary Shopping Frontages Within Primary Shopping Frontages identified on the Policies Map development will be expected to maintain or provide active ground floor uses. Within Primary Shopping Frontages application for change of use of shops to another use will not be permitted (subject to permitted development rights) unless the proposed use would: i. Make a positive contribution to the vitality, viability and diversity of the centre; and ii. Not fragment any part of the Primary Shopping Frontage by creating a significant break in the shopping frontage; and iii. Not result in a loss of retail floorspace of a scale harmful to the shopping function of the centre; and iv. Be compatible with a retail area in that it includes a shopfront with a display function and would be immediately accessible to the public from the street. Development outside Primary Shopping Frontages Outside the Primary Shopping Frontage but within Primary Shopping Areas and Town Centres, the loss of retail floorspace will be permitted provided that a healthy balance and diversity of uses is retained and concentrations of uses other than retail are avoided. The proposed use should still attract pedestrian activity and footfall to the centre and should not significantly harm the amenity of the area. The proposed use should not have an unacceptable impact on the vitality, viability and diversity of the centre.

DISPERSED LOCAL SHOPS

Outside the centres defined in Core Strategy Policy CP12 and on the Policies Map, proposals for development of appropriately located small-scale local shops (less than 280sqm gross floorspace which provide for local needs) within the existing urban area of Bath or a settlement with a defined Housing Development Boundary will be supported. Proposals over 280sqm gross floorspace will be considered against Policy CR1 and Policy CR2. Proposals for a change of use of an existing small-scale local shop must be supported by a viability assessment to demonstrate that the unit is not capable of continuing in retail use.

VISITOR ACCOMMODATION

New visitor accommodation 1) Permission will be granted for new build visitor accommodation provided: a) it is in a sustainable location or, accessible by a choice of transport modes b) there are no other buildings available and suitable for conversion c) the scale of the proposal will not harm the character or appearance of the countryside d) the materials, form, bulk and general design of buildings are in keeping with their rural surroundings e) there is safe and convenient access to the highway network and there are no significant adverse impacts on the local highway network f) the proposal would not adversely affect protected species or habitats 2) Where a proposal for visitor accommodation is approved appropriate planning conditions will be used to prevent permanent residential use of the accommodation. Change of use from a dwelling to visitor accommodation 3) The change of use of an existing dwelling to visitor accommodation will be permitted provided that: a) for large residential properties, a substantial private residential unit is retained, and any existing or proposed parking within the curtilage of the property which does not detract from the appearance of the property is made permanently available; and b) for small residential properties, a satisfactory residential accommodation is retained which is not occupied independently of the proposed use.

ACTIVE TRAVEL ROUTES

1. Development which adversely affects the recreational and amenity value of, or access to, public rights of way and other publicly accessible routes for walking, cycling and riding will not be permitted, unless any harm can be successfully mitigated. 2. A development proposal affecting a publicly accessible active travel route will be expected to maintain and/or incorporate the route within the scheme, provide appropriate enhancements to the route having regard to guidance set out in the Transport and Development SPD, and support additional linkages between urban areas and the wider countryside, open spaces and the River or Canal. Opportunities to make and enhance strategic connections between, and within, urban areas and other key origins/destinations, utilising these routes, should be investigated and implemented wherever feasible and necessary. 3. Development that adversely impacts on the established active travel routes shown on the Policies Map will not be permitted, unless any harm can be successfully mitigated.

TRANSPORT INFRASTRUCTURE

Within the context of Core Strategy Policy CP6(1) the development of transport infrastructure will only be permitted provided that the following requirements have been met: 1) The need for intervention has been robustly justified and decisions in relation to the planning and design of the scheme have been made in line with the sustainable transport hierarchy, promoting the use of sustainable modes; 2) The needs of pedestrians, disabled people cyclists and horseriders are met; 3) The quality, patronage and efficiency of public transport operations must not be compromised; 4) Schemes which propose increases in traffic capacity will need to demonstrate that all other opportunities to achieve mode shift as an alternative solution have been exhausted; 5) Schemes which propose increases in traffic capacity will also be required to incorporate appropriate improvements to the sustainable transport network; 6) The environmental benefits to be secured through implementation of the scheme and any additional traffic management or calming measures needed to maximise those benefits should be clearly articulated; 7) There is no unacceptable impact on heritage and environmental assets and amenity including the World Heritage Site and its setting, Areas of Outstanding Natural Beauty and on the National Site Network (SACs/SPA); 8) The visual and functional impact of the scheme and any associated elements such as surface-treatment, street furniture, signing, road markings, roadside verges and lighting upon the character of the area is minimised; 9) The environmental impact of the scheme, such as from noise and other forms of pollution, is minimised and of an acceptable level in accordance with relevant topic-specific environmental guidance and standards; 10) The need for provision of street furniture which aids security of premises without adversely affecting mobility; 11) The response time of emergency services must not be compromised; and 12) The acceptable provision for the transportation of materials to and from the site or disposal of spoil during construction. All highway infrastructure will be required to comply with national guidance and standards set out in 'Manual for Streets', 'Manual for Streets 2 – wider application of the principles', LTN1/20, the 'Design Manual for Roads and Bridges' and any subsequent updates to these documents.

RAIL FREIGHT FACILITY

Land at Westmoreland Station Road, Bath as defined on the Policies Map will be safeguarded as a rail freight facility and interchange.

Transport Requirements for Managing Development

1) Development will be permitted providing the following provisions are met: aa) Users of the development benefit from genuine choice in their mode of travel through opportunities to travel by sustainable modes; a) Highway safety is not prejudiced; b) Walking and cycling assessment and facilities are provided having regard to the Transport and Development SPD, including safe, convenient and inclusive access to and within the site for pedestrians and cyclists; c) Vehicular access is both safe and suitable; d) No introduction to traffic of excessive volume, size or weight onto an unsuitable road system or into an environmentally sensitive area; f) Provision is made for any improvements to the transport system required to render the development proposal acceptable. Improvement requirements will maximise opportunities to travel by sustainable modes; h) Necessary mitigation measures can be delivered without unacceptable harm to the historic or natural environment; and 2) In the case of new development proposals, facilities for charging plug-in and other ultra-low emission vehicles will be sought having regard to the Transport and Development SPD. 3) Transport assessments/statements & Travel Plans a. Planning applications for developments that generate significant levels of movement should be accompanied by a transport assessment or transport statement in accordance with National Planning Policy Framework and Planning Practice Guidance. Schemes will be expected to be tested through transport modelling, as necessary. b. Travel Plans will be expected to be provided having regard to the Transport and Development SPD. 4) Car and cycle parking provision and design must contribute to the aims of the Climate and Ecological Emergency, support creating better and healthier places, and be appropriate to the context of the development. Parking needs to be provided at a level appropriate to reduce the convenience of unnecessary car usage and make sustainable transport a more attractive choice. Parking provision must support good urban design and placemaking through minimising the proportion of space allocated to vehicle storage and usage, and reducing car dominance on our natural and built environment. Proposals must avoid contributing to haphazard, informal or inconsiderate parking behaviours and their associated effects, including through ensuring suitable parking controls and management, availability of alternative travel options including car clubs, and ensuring sufficient parking provision to meet residual demand. There should be no increase in on-street parking in the vicinity of the site which would affect highway safety and/or the operational function of the local highway network in terms of emergency access, refuse collection, goods delivery and accessibility. Detailed parking policy guidance and parking standards for all forms of development are set out in the Transport and Development SPD.

Airport and Aerodrome Safeguarding Areas

Within the airport/aerodrome safeguarding areas as defined by the Civil Aviation Authority and as shown on the Policies Map any de

ELECTRIC VEHICLES CHARGING INFRASTRUCTURE

New Build Residential Development: All dwellings with one or more dedicated parking space or garage must provide access to electric vehicle charging infrastructure. Further guidance will be set out in the Transport and Development Supplementary Planning Document. Where off street parking is not provided and parking is provided on streets within the proposed development, the design and layout of the proposed development should incorporate infrastructure to enable the charging of electric vehicles on the streets within the proposed development which does not compromise any special characteristics of the area, the public realm or the mobility of other users. New Build Non-residential development: In all non-residential developments providing 1 or more car parking bays, access to electric vehicle charging infrastructure must be provided. Further guidance will be set out in the Transport and Development Supplementary Planning Document. Grid Capacity: Where the costs of providing the necessary capacity in the local electric grid infrastructure connections to support electric vehicle infrastructure are abnormally high (as defined in the Building Regulations and referenced in the Transport & Development SPD) the applicant must provide evidence to robustly demonstrate why they are not able to comply with the above policy

PROMOTING SUSTAINABLE TRAVEL AND HEALTHY STREETS

In order to ensure delivery of well-connected places accessible by sustainable means of transport, planning permission will be permitted provided the following principles are addressed, appropriate to the context and type of development and within the requirements of the NPPF: 1) Development is located where there are, or will be at the time of development, a range of realistic travel opportunities to provide genuine alternatives to private car usage and where opportunities to reduce travel distances exist; 2) The design of the development reduces car dependency and actively supports travel by sustainable modes, including providing attractive sustainable travel connections; 3) The growth and the overall level of traffic and congestion are reduced by measures which encourage movement by public transport, bicycle and on foot, including traffic management and assisting the integration of all forms of transport; 4) Mitigation for traffic impacts maximises opportunities to achieve mode shift towards sustainable transport modes before proposing traffic capacity enhancements; 5) Transport proposals align with relevant area-specific transport strategies, plans, policy documents, local guidance and the current adopted Joint Local Transport Plan; 6) Proposals provide and enhance facilities for pedestrians, cyclists, including disabled people, that is fit for purpose and have regard to the B&NES Transport and Development SPD; 7) Proposals safeguard, enhance and extend the network of public rights of way and cycle routes; 8) Opportunities for low-carbon, last mile transport of goods and deliveries have been taken up which are appropriate to the location and scale of the development; 9) The development reduces the adverse impact of all forms of travel on the natural and built environment; 10) Development does not prejudice the efficient functioning and acceptable development of the railway network; 11) The use of car clubs and Ultra-Low Emissions Vehicles (ULEV) are promoted; 12) Access to high quality public transport facilities is achieved by improving existing and providing new public transport facilities which would increase the proportion of journeys made by public transport; and 13) Proposals support and promote measures which reduce the levels of traffic pollution in the interests of improving health and quality of life and reducing harmful impacts on the built and natural environment.

SUSTAINABLE TRANSPORT ROUTES

Development which prejudices the use of former railway land for sustainable transport purposes as shown on the Policies Map will not be permitted.

TRAFFIC MANAGEMENT PROPOSALS

With reference to the principles in Policy ST3, traffic management proposals for the centres of Bath, Keynsham, Midsomer Norton, Radstock, Westfield and Peasedown St John will be expected to: 1 reduce through traffic and other unnecessary motorised vehicle journeys; 2 enhance vitality and viability; 3 secure improvements for pedestrians, cyclists and disabled people 4 facilitate the improvement of public transport integration; 5 ensure the needs of all road users are taken into account and the servicing needs of commercial, cultural, recreational and residential activities are met; 6 improve air quality; and 7 respect local distinctiveness and not detract from the quality of the historic, environmental and cultural assets Traffic Management schemes in residential areas will be expected to: 1) Reduce the speed of traffic and remove through traffic from unsuitable routes, whilst maintaining access for those who need it; 2) Create attractive places to enhance the sense of community and improve health and wellbeing through re-balancing space towards people and away from vehicles; 3) Achieve mode shift through discouraging short car journeys and prioritising walking and cycling; 4) Support disabled people and others with restricted mobility; 5) Reduce on-street non-residential parking and provide opportunities for EV charging, car clubs, social spaces and improved walking and cycling routes; and 6) Retain vehicular access for residents and businesses. The implementation of schemes on a trial basis will be supported as this can be a useful tool in enabling changes to be made in consultation with the council and community.

TRANSPORT INTERCHANGE

Development of new or expansion of existing Transport Interchange sites, including Park and Ride, sites will be permitted provided: 1) Opportunities to enhance the transport benefits of proposed schemes to incorporate wider interchange functionality have been fully assessed and incorporated into proposals; 2) Proposed site(s) have been thoroughly evaluated with a robust evidence base demonstrating that the most suitable and sustainable site has been selected; 3) Transport effects of the proposed development have been comprehensively and robustly identified through a Transport Assessment in line with current national guidance. This will include, but not be limited to: a. Benefits related to reductions in onward city centre car travel; b. Potential level of mode shift away from other transport modes, especially existing local bus and rail services; c. Changes to the overall modal share; d. Future viability of public transport services, including those that will experience loss of patronage as a result of the new facility; and e. Any mitigation measures required to address any negative impacts. 4) Provision is made for the needs of disabled people and for the safety and security of all users; 5) The development accords with all relevant planning and environmental policies, such as those relating to the WHS, AONB, European Sites, Green Belt and any other special designations and protections as may be affected by development proposals. It must be robustly demonstrated that potential impacts can be successfully mitigated and the degree of public benefit outweighs the level of harm to any such assets; and 6) The development does not result in unacceptable environmental impacts in line with relevant local, regional and national planning policies and regulations when weighed against the benefits of scheme proposals. In this regard it should be noted that the Odd Down site meets the criteria for SNCI designation and supports a colony of Small Blue butterflies. The key site development requirements are set out in the site allocation development requirements. Applicants will also be required to demonstrate that the scheme complies with all other relevant national and local planning policies that affect the site and its location.