Planning in Bolsover

Local Shops and Community Facilities

Planning permission for development that involves the loss of local convenience shops which serve the daily needs of the local community, or community facilities including community / village halls, post offices, schools, nurseries, places of worship, health services, care homes, libraries, leisure centres, youth centres, cultural facilities and public houses will be granted only where it can be demonstrated that one of the following criteria are met: a) The loss of the specific facility would not create, or add to, a shortfall in the provision or quality of such facilities within the locality* b) Appropriate replacement facilities are provided in a suitable alternative location c) The facility is no longer viable and this can be proven through adequate marketing of the premises for its current use which has failed to produce a viable offer** d) The facility can be enhanced or reinstated as part of any redevelopment of the building or site *400m radius around the proposal - based on an approximate ten minute walking time ** Marketing should be through an appropriate agent as well as through the council's regeneration service facility. The applicant should agree the marketing strategy, including any marketing period (with a rent or sale price for the existing use of the facility), with the Local Planning Authority in advance. Evidence of the results of the sustained marketing strategy will need to be submitted with any planning application. Marketing should not be restricted to the buildings last use but also other potential community uses.

New and Existing Indoor Sports Facilities

Proposals for new indoor sports facilities will be encouraged. Existing indoor sports facilities, including leisure centres and village halls, will be protected in line with Policy ITCR 4.

Safeguarding sites for Gypsies, Travellers and Travelling Showpeople

Existing permanent sites, listed below, are identified on the Policies Map and will be safeguarded for use by Gypsies and Travellers, unless it is demonstrated the site is no longer suitable for such a use. Gypsies and Travellers a) Land to the rear of 255 Shuttlewood Road, nr Shuttlewood – 1 pitch b) Blackbridge Caravan Park, nr Pleasley – area covered by planning permission (11/00118/FULMAJ) c) The Paddocks, nr Old Blackwell – 2 pitches d) Charlesworth Street, Carr Vale – 3 pitches Travelling Showpeople a) Plots at Plymouth Avenue, Pinxton b) Plots at Guildhall Drive, Pinxton c) Plot at Brookhill Road, Pinxton

Development within the Development Envelope

Development proposals on sites within the development envelope will be permitted, provided that the proposed development a) Is appropriate in scale, design and location to the character and function of the area b) Does not result in the loss of a settlement's last remaining community building or facility of that type unless it can be demonstrated that it is no longer viable c) Is compatible with, and does not prejudice any existing or intended use of adjacent sites d) Accords with other policies of this Plan, or Neighbourhood Plan if applicable e) Would not have an unacceptable environmental impact

High Quality Development

Development will be required to achieve a high quality of design in terms of place making, buildings and landscaping. Proposals for development will be permitted provided that they a) Create good quality, attractive, durable and connected places through well designed locally distinctive development that will integrate into its setting b) Respond positively to the context and contributes to local identity and heritage in terms of height, scale massing, density, layout and materials c) Protect important local and longer distance views of important landmarks or landscapes, such as Bolsover Castle, Creswell Crags, and Hardwick Hall and Estate d) Promote vibrant mixed use proposals that support the vitality of the communities where opportunities arise e) Provide a positive sense of place through well designed streets and spaces which are safe, attractive and appropriate to their context f) Take account of the need to reduce opportunities for crime and the fear of crime, disorder and antisocial behaviour, and promote safe living environments g) Provide streets and spaces that are shaped by buildings, clearly defined boundaries and incorporate recognisable vehicular and pedestrian routes h) Provide appropriate access for people with physical and/or mobility difficulties to both individual buildings and the wider built environment i) Address opportunities for biodiversity, conservation, and enhancement ensuring that local semi-natural features including watercourses are created or enhanced as integral parts of development j) Accord with and respond to the established character and local distinctiveness of the surrounding landscape k) Create conditions for active travel choices through provision of connected places that are easy to move around, integrated with their surroundings and which facilitate access through sustainable forms of transport including walking, cycling, and bus and rail public transport l) Promote the health, economic and social well-being, amenity and safety of the population, through both overall design; and the provision of open and public spaces m) Incorporate opportunities for sport and physical activity n) Ensure a good standard of amenity is maintained for the occupants of existing neighbouring properties as well as the future occupants of new development, including levels of privacy and light, position and avoiding overbearing relationships and the provision of adequate amenity space. All proposals in excess of 1,000 sq metres floorspace, 1 hectare in land area or 10 dwellings, should demonstrate a design led approach which demonstrates an understanding of site context, constraints and opportunities, and use of this information to develop conceptual ideas and design responses. All proposals in excess of 10,000 sq metres floorspace, or 100 dwellings, or 3 hectares in land area should make provision for new works of public art which enhance the local sense of place, and are designed and established, with the engagement and support of the local community.

Comprehensive Development

Unless viability indicates otherwise, proposals to revise an existing planning permission, or which vary the council's plans for a particular allocated site, will be permitted provided that they maintain or enhance a) The required levels of necessary infrastructure and facilities b) The balance of uses, where applicable. Proposals will be supported where they do not prejudice the comprehensive delivery of development sites and assist in the provision of any necessary physical, social or environmental infrastructure. Any new or revised development proposal will be granted permission if, through its design and layout, it does not a) Preclude the development of adjoining land with longer term potential; b) Lead to poorly planned or inappropriate piecemeal forms of development c) Seek to avoid planning contributions by limiting the size of the development to avoid relevant thresholds. On large sites (3 hectares or more) a masterplan will be required to be submitted as part of any planning application. This should show how the site as a whole will be comprehensively planned and developed in line with agreed design and development objectives, including phasing and the cumulative infrastructure needs.

Employment and Skills

On significant development sites, developers will be required to submit for approval an 'Employment and Skills Plan' (ESP) which will set out opportunities for, and enable access to, employment and up-skilling of local people through the construction phase of the development and, where appropriate, during first occupation of the development.

Coalite Priority Regeneration Area

Land at the former Coalite Chemical Works site as indicated in Figure 4E and defined on the Policies Map is allocated as a Priority Regeneration Area within the Local Plan. As such, the site will be safeguarded from development which would jeopardise the comprehensive remediation, reclamation and redevelopment of the whole site (including land within North East Derbyshire District). Proposals for the development of this priority regeneration area will be guided by the approved masterplan for the site or any subsequent approved document and permitted where they a) Form part of a comprehensive masterplan for re-development on the whole site (including the land in North East Derbyshire District) including infrastructure requirements and delivery b) Enable the full reclamation of the site in line with an agreed programme of work and delivery plan c) Conserve and/or enhance heritage assets, including their setting, in particular the Grade I listed Bolsover Castle and Sutton Scarsdale Hall d) Protect and enhance the biodiversity value of the Doe Lea Corridor within the site and promote linkages to the wider green infrastructure network where possible e) Protect the water quality of the River Doe Lea f) Protect development from the risk of flooding by avoiding placing vulnerable uses in high risk flood zones within the site g) Take account of any potential impacts arising from the implementation of High Speed 2 h) Providing for a Multi-User Trails across the site. The following are considered acceptable main uses for the site either individually or in combination, subject to meeting the requirements above a) Employment development (comprising B1, B2 and B8) for up to 32 ha b) Transport hub c) An energy centre d) A visitor centre/museum Proposals for other employment uses will be considered on their merits.

Employment Land Allocations

The Council will support the development of the following allocated sites as shown on the Policies Map, within stand-alone Development Envelopes where necessary, for B1, B2 and B8 uses only, over the plan period: Sites under construction 2016 – 2017: Erin Road (northern plot), Seymour, (Markham Vale) 3.74 Ha B2/B8 Sites with Planning Permission: Seymour Link Road (central plot) Markham Vale 4.4 Ha B2/B8; Seymour Link Road (southern plot) Markham Vale 2.7 Ha B2/B8; Explore Industrial Park, Explore Way (off A619), Steetley 10.70 Ha B1/B2/B8; Land West of Farmwell Lane, Castlewood, South Normanton 3.13 Ha B1; Land between Brickyard Farm and Barlborough Links 3.45 Ha B1/B2/B8; Land off High Hazels Road, Barlborough 1.17 Ha B1/B8; Land off Weighbridge Road, Brook Park, Shirebrook 1.07 Ha B1/B8 Local Plan Allocations: Park View (south), Whaley Thorns 0.58 Ha B2/B8; Land South of Maisie's Way, South Normanton 1.05 Ha B1; Wincobank Farm, South Normanton 14 Ha B2/B8; Clowne Garden Village Strategic Site 20 Ha B1/B2/B8; Colliery Road, Creswell 0.46 Ha B1/B2/B8; Former Whitwell Colliery Strategic Site 5.5 Ha B1/B2/B8

General Principles for Economic Development

The sustainable growth of the District's economy will be supported through: a) Requiring proposals likely to create over 50 jobs to be accompanied by site specific travel plans to promote sustainable travel choices; b) Encouraging proposals which help to create a higher wage, higher skilled, low carbon economy which develops, retains and enhances local skills. Job creating developments will be encouraged to demonstrate how they will maximise opportunities for employing local people and developing skills. The following important Existing Employment Sites are allocated on the Policies Maps, within stand-alone Development Envelopes where necessary, as key economic drivers for the district for employment uses and will be protected: i) Barlborough Links ii) Station Road, Clowne iii) Creswell Road, Clowne iv) Southfield Lane, Whitwell v) Explore Business Park, Steetley vi) Seymour Link Road, Markham Vale vii) Colliery Road, Creswell viii) Crags Industrial Estate, Creswell ix) Smithy Brook Road Industrial Estate, Renishaw x) Hillstown Business Centre, Bolsover xi) Station Road, Bolsover (Including Castle Industrial Estate, Riverside Way, Bolsover Business Park, Intake Way) xii) Park View, Whaley Thorns xiii) East View Industrial Estate, Shirebrook xiv) Portland Street / Vernon Street / Sookholme Road, Shirebrook xv) Brook Park, Shirebrook xvi) Rotherham Road, New Houghton xvii) Mansfield Road, Bramley Vale xviii) Saw Pit Lane, Tibshelf xix) High View Road / Berristow Lane, South Normanton xx) Maisie's Way, South Normanton xxi) Clover Nook Industrial Estate, South Normanton xxii) Castlewood Business Park and the East Midlands Designer Outlet Centre xxiii) Core Area of EPC-UK Explosives, Rough Close, South Normanton xxiv) Meadow Lane, Industrial Estate, Alfreton xxv) Fordbridge Lane, near Blackwell xxvi) Brookhill Road, Industrial Estate, Pinxton xxvii) Doe Hill Depot This protection will be sustained unless it can be shown that the land or building is no longer physically suitable for employment uses and there is no realistic prospect of re-use or redevelopment for such uses by providing the following evidence: a) The site has been marketed appropriately for a period of time agreed in advance with the Local Planning Authority, with an estate agents board placed in a visible location on the site b) A list of enquiries received with reasons stated as to why the site was unsuitable for employment purposes, be submitted as part of any application c) Demonstrate that it is no longer financially viable for the site to continue in its existing employment use. Evidence must include an appropriate and robust evidence-based viability assessment based on realistic assumptions and up-to-date baseline information prepared by a suitably qualified independent surveyor Proposals for alternative employment generating uses at existing employment areas and allocated employment land will be treated on their merits.

Supporting the Rural Economy

Sustainable rural employment and diversification will be supported in villages and within the countryside where this does not conflict with other local plan policies. Employment generating developments of a scale appropriate to a small settlement and / or rural surroundings will be supported in rural areas where the development or activities are necessary to meet the needs of farming, forestry, recreation, tourism and other enterprises with an essential requirement to locate in the countryside, or where the business has no significant negative implications for the area and will help to support a sustainable rural economy and contribute to rural environmental or social regeneration. Such proposals should meet at least one of the following criteria: a) Secure a significant improvement to the environment or the conservation of a feature of acknowledged importance b) Provide community facilities which meet a local need, where that need cannot be met in a settlement within the hierarchy c) Re-use brownfield land or existing buildings d) Retain or expand existing businesses or enable existing small businesses to diversify e) Provide for renewable energy generation, of a scale and design appropriate to its location

Rough Close Works, South Normanton

During the operation of the works as a major hazard site and / or the continued use of the premises for the manufacture of explosives or linked activities, planning applications will be considered in the following manner: Within the Existing Employment Area (Core Area), as shown on the Policies Map, planning permission will be granted for employment development or variation of existing permissions, provided that: a) The development needs to be located there because of its connection with the operation of the works as a major hazard site and / or its connection with the manufacture of explosives or linked activities b) The development would not extend the area affected by the development control zones for the major hazard Within the Area of Wider Operations, as shown on the Policies Map, planning permission will be granted for development provided that the following additional criteria are also met: a) The development would not be detrimental to the generally open character of the site b) Should the works cease to operate as a major hazard site and the manufacture of explosives and linked activities cease, general countryside policies will be applied in the wider area of operations Within the inner Explosive Safeguarding Zone, as defined on the Policies Map, of the site permission will only be granted, for development of minor buildings or plant essential to the operation of the existing facility, rough close works. Within the outer Explosive Safeguarding Zone, as defined on the Policies Map, and during the operation of the works as a major hazard site, planning permission will not be granted for development, that is not in compliance with current Health and Safety Executive (HSE) land use planning guidance, this restriction currently includes: a) Open air retail or entertainment developments such as large retail markets, theme parks or large sports stadia b) Buildings designed in a way which makes them vulnerable to blast (for example because of multi-storey or curtain wall construction, large areas of glass or the use of non load-bearing panels) c) Developments where emergency evacuation action may be very difficult (for example retail or community and leisure facilities of more than 5,000 square metres floorspace and institutions such as hospitals and homes for the elderly)

Sustainable Design and Construction

The Council will permit proposals for new development, including extensions, where it a) Promotes the efficient use of land and infrastructure, including developments which include a sustainable and complementary mix of uses b) Mitigates and adapts to the effects of climate change c) Supports and promotes the efficient use of energy and resources including renewable energy schemes, water management, waste minimisation and re-cycling, and water efficiency measures d) Minimises levels of pollution, and protects and enhances the quality of natural resources including water, air, land and biodiversity e) Has regard to flood risk, and does not put new development in areas liable to flood or existing settlements at increased risk of flooding f) Adopts sustainable drainage principles and avoids detrimental changes to the characteristics of groundwater drainage and surface water run-off, and protects the capacity of natural surface water drainage systems and access to them for maintenance and improvement g) Makes use of locally sourced sustainable, quality materials appropriate for the development and its surroundings including recycled materials wherever feasible h) Protects and enhances the character and quality of local landscapes and the wider countryside i) Protects and enhances the distinctiveness, character, townscape and setting of settlements j) Conserves and enhances heritage assets and their setting k) Supports the provision of essential public services and infrastructure l) Has regard to the mineral assets and mineral safeguarding areas: and the waste strategies of Nottinghamshire, and Derbyshire Mineral and Waste Local Plans County Councils m) Ensures that development takes account of any coal mining related land stability and / or other public safety risks and proposes any necessary remediation or treatment measures n) Ensures that any development on brownfield sites affected by contamination is remediated o) Ensures that development does not increase Health and Safety risks either for future occupiers or nearby occupiers (for example by radon gas) p) Is not in close proximity to hazardous substances, or hazardous substance zones, unless it can be proved that there would be no risk to the potential users of the proposed development, and it would not undermine the operation and potential expansion of existing hazard sites

Renewable and Low Carbon Energy

Development proposals for the generation of renewable energy (except large wind turbines) will be granted unless either individually or cumulatively with other renewable energy development, there would be a) Significant harm to the visual appearance and character of the area b) Significant harm to the amenity of local residents, either individually or cumulatively with other renewable energy development particularly from noise, dust, odour, traffic or visual intrusion c) Significant harm to the ecology of the area, in particular in relation to protected species and to any sites of biodiversity value, ancient woodland, and veteran trees d) Harm to the historic environment, including the effect on the significance of heritage assets and their setting and significant harm to important views associated with valued landscapes and townscapes e) Significant adverse impacts on airport radar and telecommunications systems. Where significant harm resulting from a development cannot be avoided (through locating on an alternative site with less harmful impacts), adequately mitigated, or, as a last resort, compensated for, planning permission will be refused. In determining planning applications for renewable energy generation, significant weight will be given to the achievement of wider environmental and economic benefits. Proposals should include details of associated developments including access roads and ancillary buildings; and transmission lines which should be located below ground wherever possible in order to reduce the impact on the open countryside. Planning applications will also need to include a satisfactory restoration scheme which will be implemented following decommissioning. Major new developments will be expected to connect to or be designed to connect in the future to district or community heating networks where appropriate. Where no district heating scheme exists or is proposed in the proximity of major development the potential for developing a new scheme on site should be explored and pursued where feasible. Proposals for large scale photovoltaic solar panels on Grades 1, 2 and 3a Agricultural Land will only be permitted under exceptional circumstances.

Strategic Green Infrastructure Network

The District's Strategic Green Infrastructure Network will be preserved and wherever feasible enhanced. Proposals for new development will be permitted where they conserve the Strategic Green Infrastructure Network or assets within it and where feasible expand their extent and multi-functionality. New links will be supported where they a) Enhance biodiversity and mitigate against climate change by providing opportunities for species to move or migrate b) Create connected public amenity spaces c) Create safe and convenient linkages from settlements to the surrounding countryside d) Create informal recreation opportunities e) Reinforce local distinctiveness, landscape amenity and character f) Enhance opportunities for non-motorised movement. Development proposals should not result in a) A reduction in the extent of the Strategic Green Infrastructure Network; b) The fragmentation of existing sites; c) A reduction in the connectivity through damage, disruption, or the removal of connecting features. Where existing Green Infrastructure assets would be harmed by a proposed development, schemes will only be permitted where appropriate mitigation and compensation measures can be secured which result in a net enhancement of the Strategic Green Infrastructure Network.

The Multi-User Trails Network

Planning permission will be granted for proposals providing that they would not prejudice the use of the following sites as existing Multi-User Trails (a-y) and proposed Multi-User Trails (1-39) as shown on the Policies Map: Existing Multi-User Trails: a) Blackwell Trail (Huthwaite to Westhouses) b) Hilcote Link to Blackwell Trail c) Silverhill Trail (Chesterfield Road, Huthwaite to Gloves Lane) d) 5 Pits Trail (Holmewood – Tibshelf) e) Newton West (Alfreton Road to Newton Road) f) Doe Lea Nature Reserve g) Stockley Trail (Bolsover – Glapwell) h) Castlefields, Bolsover i) Sookholme Road to Wood Lane, Shirebrook j) Portland Drive / Weighbridge Road to Meadow Lane, Shirebrook k) Archaeological Way (Sookholme Road, Shirebrook to Frithwood Trail, Creswell) l) East of Shirebrook Station m) Dukeries Trail, Shirebrook n) Wood Lane to Station Road, Shirebrook o) Wood Lane to Green Lane, Shirebrook p) Stinting Lane, Shirebrook q) Teversal Trail, near Pleasley r) Skegby Trail, near Pleasley s) Rowthorne Trail, near Pleasley t) Pleasley Country Park u) Chesterfield Road, Pleasley towards the Meden Trail v) Wood Avenue towards Hazelmere Road, Creswell w) Creswell Crags x) Clowne Linear Park y) Seymour Link Road (Woodthorpe to Poolsbrook) Proposed Multi-User Trails: 1) The Clowne Branch Line from Gypsy Lane, Creswell to Seymour Junction 2) The Creswell Branch Line from Wood Avenue / Hazelmere Road, Creswell to Hollin Hill, Clowne 3) Frithwood Lane Bridleway and link to Gypsy Lane, Creswell 4) West of Creswell Model Village Link 5) Creswell Crags Visitor Centre eastwards towards Clumber Park 6) Cliff Hill, Clowne westwards towards Woodhouse Lane 7) Former Oxcroft Disposal Point, near Stanfree 8) Langwith Junction – Scarcliffe – Hillstown 9) East of Langwith Bassett School 10) Main Street to Meadow Lane, Shirebrook 11) Littlewood Lane (South of Shirebrook) 12) Wood Lane (Shirebrook) through to Pleasley Vale Mills 13) East of Stony Houghton to Pleasley Country Park (Balkham Lane, Water Lane, Green Lane and Fordbridge Lane) 14) Dale Lane to Longhedge Lane (West of Pleasley Country Park) 15) Pleasley Pit Country Park Northern East-West link 16) Meden Avenue, to Rotherham Road, New Houghton 17) Chesterfield Road, Pleasley 18) Newton North Link 19) Stonebroom Lane, Doe Hill Country Park, Gloves Lane through Blackwell and link to Blackwell Trail 20) Blackwell Trail Link 21) Westhouses to Gloves Lane, (Link between Blackwell Trail and Silverhill Trail) 22) Alfreton Road to Red Lane, South Normanton 23) Broadmeadows and Red Lane, South Normanton 24) North of Wincobank Farm, South 25) Pinxton South 26) Pinxton West (Mill Lane to Storth Lane) 27) Birchwood Lane to Sleights Lane, Pinxton 28) Stockley Trail North, Bolsover 29) Bramley Vale Link 30) Doe Lea Nature Reserve 31) Doe Lea Eastwards Link 32) Hardwick Loop 33) Bramley Vale to Hardwick 34) Eastern link to Stockley Trail, Bolsover 35) Bolsover to Markham Vale Link 36) Green Lane, South of Shirebrook towards Stony Houghton 37) Bolsover North Multi-User Trails 38) Clowne Garden Village Multi-User Trails 39) East of Hennymoor Farm to Hodthorpe

Green Space and Play Provision

New Green Space Quantity Standards Any residential development of over 25 dwellings will be required to make provision for an equipped play area and new or enlarged green space either on site or within 400 metres walking distance in accordance with the following minimum standards: a) 1.86 ha. of Formal Green Space (Amenity green space, Recreation Grounds, and Equipped Play Areas) per 1,000 population b) 1.2 ha. of Semi-natural green space per 1,000 population c) In settlements where the current provision for either formal or semi-natural green space exceeds minimum standards a reduction will be made in the relevant requirement to reflect the percentage of the development site that is within 400 metres walking distance from the edge of existing publicly accessible formal and/or semi-natural green space of at least 0.5 hectares in size Quality Improvements to Green Spaces In addition new residential developments of more than 10 units will be expected to make reasonable financial contributions, either for new green spaces, or to improve green spaces, falling within the following walking distances: • Equipped Play Areas within 400 metres • Amenity Green Space within 500 metres • Recreation Grounds or Semi-Natural Green Space within 800 metres The Council will prioritise contributions to achieve minimum quality standards of 60% for Green Spaces.

Protection of Green Space

Development proposals will be permitted where they do not result in the loss of existing green spaces, including allotments and village greens, as identified on the Policies Map or in the Council's Green Space Strategy, and associated documents, or any future green space. Proposals resulting in a loss will need to provide a satisfactory replacement facility, unless the proposal was of greater overall benefit to the local community than existing or realistic potential uses of the greenspace.

Playing Pitches

Existing Playing Pitches: Development proposals will be supported where they do not have an adverse effect upon or result in the loss of Playing Pitches or Playing Field Land, as identified on the Policies Map or within the Council's Playing Pitch Strategy and associated documents. Proposals resulting in a loss will need to provide replacement provision equivalent or better in terms of quantity and quality in a suitable location. Need for new Playing Pitches: When considering development proposals the Council will use the Sport England Playing Pitch Calculator and the Playing Pitch Strategy and Assessment to consider whether new playing pitch provision or improvements to existing pitches will be needed. Quality Improvements to Playing Pitches: If improvements to existing pitches are needed, new residential development of more than 10 dwellings will be expected to make financial contributions to the improvement of playing pitches and/or their ancillary facilities. The Playing Pitch strategy and assessment will be used to consider the most appropriate site for enhancements. The site must be well-related to the development. The Council will prioritise contributions to achieve minimum quality standards of 'average' for playing pitches.

Trees, Woodland and Hedgerows

Trees, woodlands and hedgerows are important visual and ecological assets. In order to help retain local distinctiveness, trees, woodland and hedgerows will be protected from damage and retained, unless it can be demonstrated that removal is necessary and appropriate mitigation can be achieved. Potential long term conflict between retained trees, hedgerows, and buildings should be designed out at the planning stage. Development should contribute to the protection, enhancement, and where possible expansion of woodlands, trees and hedgerows in the area. The loss of woodland, healthy trees and hedgerows with visual, historic or wildlife importance will be resisted. In particular ancient woodland and aged (or ancient) and veteran trees are irreplaceable habitats and will be protected from development that would have an adverse impact on them. Development proposals should a) Incorporate important woodlands, trees and hedgerows into the overall design and landscape scheme wherever possible b) Prevent damage to root systems and ensure a satisfactory spatial relationship between trees and hedgerows and new development, taking account of expected future growth c) Where possible incorporate retained trees and hedgerows within public open space rather than just private space to safeguard their long term management d) Ensure robust protection measures before, during, and after the development process and appropriate management and protection thereafter e) Take opportunities for new planting consistent with landscape, wildlife and historic interests f) Be designed so as to avoid any future conflict between trees and development

Environmental Quality (Amenity)

Development likely to cause, or experience, a loss of residential amenity as a result of light, noise, dust, odour or vibration, or a loss of privacy must be supported by a relevant assessment. If necessary, appropriate mitigation must be put in place. Applicants will need to demonstrate that a significant loss of amenity would not occur as a result of the development or throughout its construction and operation.

Air Quality

The assessment of new development will include a consideration of the potential impact of new development and increased traffic on air quality, particularly in relation to development close to the M1, the existing Air Quality Management Areas (AQMA) and other major highways or transport corridors. Development that, on its own or cumulatively, would be likely to exacerbate air quality problems in existing and potential AQMAs will only be permitted if the potential adverse effects would be mitigated to an acceptable level by other environmental controls, or by measures included in the proposals.

Water Quality

To ensure good water quality in the District, development will not be permitted where proposals have a negative impact on water quality, and improvements should be made where possible. All major planning applications should a) Provide details of how the development contributes to the protection and enhancement of waterbodies identified by the Humber River Basin Management Plan and the Water Framework Directive b) Demonstrate that adequate sewage infrastructure and capacity exists or can be provided for as part of the development Where adequate capacity does not exist, there will be a requirement that facilities are adequately upgraded prior to occupation of the development. In areas with sewers, there will be a general presumption against the use of non mains foul water drainage.

Contaminated and Unstable Land

Development proposals will not be permitted unless it can be demonstrated that any contaminated or unstable land issues will be addressed by appropriate mitigation measures to ensure that the site is suitable for the proposed use, and does not result in unacceptable risks which would adversely impact upon human health, and the built and natural environment. Development proposals should also demonstrate that they will not cause the site, or the surrounding environment, to become contaminated and/or unstable. Proposals for the remediation of contaminated or unstable land will only be permitted where the benefits of remediation outweigh any harm to the natural, built and historic environment. Where necessary, the developer will be required to carry out further investigations and undertake any necessary remedial measures to ensure that contaminated or unstable land issues are addressed prior to the commencement of the development. Where an agreed remediation scheme includes future monitoring and maintenance schemes, arrangements will need to be made to ensure that the costs of ongoing maintenance are the responsibility of the landowner and that any subsequent owner is fully aware of these requirements and assumes ongoing responsibilities that run with the land

Hazardous Installations

Planning permission will be granted for development within the Health and Safety consultation zones provided that the risks arising from the presence of the hazardous substance are acceptable in relation to the nature of the proposed development, and the development is compliant with the provisions of other Local Plan policies, including Policy WC4.

Flood Risk

All development proposals will be required to consider the effect of the proposed development on flood risk, both on-site and off-site, commensurate with the scale and impact of the development. All developments shall have regard to Environment Agency standing advice for flood risk assessment. This should be demonstrated through a Flood Risk Assessment (FRA), where appropriate. Development will not be permitted unless: a) In the functional floodplain (flood zone 3b), it is water compatible or essential infrastructure b) In flood zones 2 and 3a, it passes the Sequential Test, and if necessary the Exceptions Test, as required by national policy c) In flood zone 1, it can be demonstrated for sites over 1 ha. in area through an FRA that the development, including access, will be safe, without increasing flood risk elsewhere and where possible will reduce flood risk overall d) There is no net increase in surface water runoff for the lifetime of the development on all new development. Run off rates for development on greenfield sites should not be exceeded, and where possible should be reduced from existing. Run off rates for development on previously developed land should be reduced from the current rate of surface water runoff where feasible. Surface water runoff should be managed at source wherever possible, avoiding disposal to combined sewers e) Part of the development site is set aside for surface water management, and uses measures to contribute to flood risk management in the wider area. Such measures should supplement green infrastructure networks, contributing to mitigation of climate change and flooding, as an alternative or complementary to hard engineering f) The development incorporates a Sustainable Drainage System (SuDS) to manage surface water drainage, in accordance with national SuDS standards, unless it is proven that SuDS are not appropriate in a specific location. Where SuDS are provided, arrangements must be put in place for their whole life management and maintenance The Council will seek opportunities to reconnect sites to their floodplain and remove problems from the drainage network and increase the capacity of the floodplain, wherever this can be achieved safely, in connection with new development. Where improvement works are required to ensure that the drainage infrastructure can cope with the capacity required to support proposed new development, developer contributions will be required in accordance with Policy II1 (Developer Contributions).

Landscape Character

Proposals for new development will only be permitted where they would not cause significant harm to the character, quality, distinctiveness or sensitivity of the landscape, or to important features or views, or other perceptual qualities such as tranquillity unless the benefits of the development clearly outweigh the impacts. Development proposals should have regard to the Derbyshire Landscape Character Assessment, Historic Landscape Character Data and the Areas of Multiple Environmental Sensitivity and contribute, where appropriate, to the conservation and enhancement, or restoration and re-creation of the local landscape.

Biodiversity and Geodiversity

Development proposals should seek to conserve and enhance the biodiversity and geodiversity of the District and to provide net gains where possible. Proposals for development must include adequate and proportionate information to enable a proper assessment of the implications for biodiversity and geodiversity. Development proposals will be supported where significant harm to biodiversity and/or geodiversity resulting from a development can be avoided or, if that is not possible, adequately mitigated and where it can be clearly demonstrated that there will be no a) Adverse impact on the conservation status of key species as set out in the 'UK Post-2010 Biodiversity Framework or the Lowland Derbyshire Biodiversity Action Plan b) Harm to nationally and regionally designated sites, such as the Regionally Important Geological Sites (RIGS), or Sites of Special Scientific Interest (SSSI's) in the district c) Harm to locally designated sites including Local Wildlife Sites and Local Nature Reserves (LNRs) d) Loss or deterioration of a key habitat type, including irreplaceable habitats e) Harm to the integrity of linkages (primarily wildlife corridors and the stepping stones that connect them) between designated sites and key habitats The weight given to the protection of nature conservation interests will depend on the national or local significance and any designation or protection applying to the site, habitat or species concerned. Where development proposals do not comply with the above they will only be supported if it has been clearly demonstrated that there is an overriding public need for the proposal which outweighs the need to safeguard biodiversity and/or geodiversity and there is no satisfactory alternative with less or no harmful impacts. In such cases, as a last resort, compensatory measures will be secured to ensure no net loss of biodiversity and, where possible, provide a net gain. Development proposals where the principal objective is to conserve or enhance biodiversity or geodiversity and deliver a net gain for such objectives will be supported in principle where this accords with other policies in the Local Plan. To secure opportunities for biodiversity improvement, including features that will help wildlife adapt to climate change, relevant development proposals will be required to include proportionate measures to contribute, where possible, to a net gain in biodiversity and/or geodiversity, through the creation, restoration, enhancement and management of habitats and features including measures that help to link key habitats. Approaches to secure improvements could be achieved through either: i) On-site and / or off-site provision linked to development in accordance with the council's greenspace and play provision policies ii) Provision of compensation, such as biodiversity offsetting The biodiversity, geodiversity, and local ecological networks referred to in this policy are shown on the Policies Maps.

Sustainable Development

In order to contribute to sustainable development in Bolsover District, development proposals should: a) Support the local economy by providing employment opportunities suitable for local people, contributing towards business expansion and growth in key sectors, and providing for lifelong learning and skills development b) Promote the efficient use of land and the re-use of previously developed land in sustainable locations c) Locate development in close proximity to trip generators with the aim of reducing the need to travel by non-sustainable modes of transport d) Reduce the need for energy in new development and ensure that it can use energy efficiently through the life time of the development, promoting high standards of low carbon and energy efficient design and renewable energy production where possible and appropriate e) Demonstrate the sustainable use of resources and the management of waste in accordance with the waste hierarchy f) Promote the social and economic wellbeing of Bolsover District's communities, contribute to reducing social disadvantages and inequalities and create a positive image of the District g) Support the hierarchy of centres and / or enhance their role as a focus for new services and facilities. Create well designed places that are accessible, durable, adaptable and enhance local distinctiveness h) Protect and enhance the character, quality and settings of towns and villages and heritage assets through an appropriate mix of good quality, well-designed developments i) Protect, create and / or enhance the character, quality and diversity of the District's green infrastructure and local landscapes, the wider countryside and ecological and biodiversity assets j) Protect and create the productive potential of the District's best quality agricultural land and avoid sterilisation of mineral resources k) Support the provision of essential public services and infrastructure l) Play a positive role in adapting to and mitigating the effects of climate change to contribute to the health and wellbeing of the community and the environment, through the location, design and operation of the development and the use of sustainable drainage systems to ensure that new development is not affected by, and does not increase elsewhere, flood risk m) Take account of any coal mining-related land stability and / or other public safety risks and, where necessary, incorporate suitable mitigation measures to address them n) Protect and enhance water and air quality All major planning applications shall be accompanied by a Planning / Sustainability Statement which addresses all of the above points.

Development in the Green Belt

The purposes of the North East Derbyshire Green Belt are supported and will be maintained during the plan period and beyond. In achieving this, the openness of the land within the Green Belt as defined on the Policies Map will be preserved. The construction of new buildings will be regarded as inappropriate and will not be permitted. Exceptions to this, where they accord with other policies in the Plan are: a) Buildings necessary for the purposes of agriculture or forestry b) Provision of appropriate facilities for outdoor sport and outdoor recreation, and for cemeteries, which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it c) Limited and proportionate extensions or alterations to a building d) Replacement of an existing building for the same use, providing it is not materially larger than the one building it replaces e) Limited infilling in villages and limited affordable housing f) Limited infilling or the partial or complete redevelopment of previously developed land which would not have a greater impact on the openness of the Green Belt than the current use Certain other forms of development may not be inappropriate in the Green Belt, provided they preserve its openness and do not conflict with the purposes of including land within it. These include g) Mineral extraction h) Engineering operations i) Transport infrastructure which can demonstrate a requirement for a Green Belt location j) The re-use or conversion of an existing building which is of permanent and substantial construction k) Development brought through a Community Right to Build Order l) Large scale renewable energy projects where very special circumstances can be demonstrated

Development in Important Open Breaks

In the open breaks between settlements, as defined on the Policies Maps and listed above, planning permission will only be granted for development provided it does not detract from the objective of maintaining an open character which contributes to the separation of settlements and their individual identity and sense of place.

Development in the Countryside

Development proposals in the countryside outside development envelopes will only be granted planning permission where it can be demonstrated that they fall within one or more of the following categories a) Involve a change of use or the re-use of previously developed land, provided the proposed use is sustainable and appropriate to the location b) Are necessary for the efficient or viable operation of agriculture, horticulture, forestry or other appropriate land based businesses, including the diversification of activities on an existing farm unit c) Are small scale employment uses related to local farming, forestry, recreation or tourism d) Secure the retention and / or enhancement of a community facility e) Secure the retention and / or enhancement of a vacant or redundant building that makes a positive contribution to the character or appearance of the area and can be converted without complete or substantial reconstruction f) Are in accordance with a made Neighbourhood Development Plan g) The building is of exceptional quality or innovative design In all cases, where development is considered acceptable it will be required to respect the form, scale and character of the landscape, through careful location, design and use of materials.

Registered Parks and Gardens

Planning permission for development that preserves or enhances the special historic landscape character and interest of a registered park and garden including its setting will be granted. Applications must seek to protect original or significant designed landscapes, their built features, and setting. Proposals which seek to restore or reinstate historic landscape features to original designs, using appropriate evidence, or better reveal their setting will be encouraged.

Non-Designated Local Heritage Assets

Development proposals which positively sustain or enhance the significance of any local heritage asset and its setting will be permitted. Alterations, additions and changes of use should respect the character, appearance and setting of the local heritage asset in terms of the design, materials, form, scale, size, height and massing of the proposal. Proposals involving full or partial demolition of a local heritage asset will be resisted unless sufficient justification is provided on the proposed scheme and its public benefits to outweigh the harm caused by the loss of the asset.

Development Within or Impacting upon Conservation Areas

Development proposals within or impacting upon Conservation Areas will be permitted where they preserve or enhance the character and appearance of the area and its setting. Applications will be considered in relation to how well the design and location of the proposal has taken account of a) The development characteristics and context of the conservation area, in terms of important buildings and important open spaces b) Landscapes, walls, trees and views into or out of the area c) The form, scale, size and massing of nearby buildings, together with materials of construction

Development affecting Listed Buildings and their Settings

Proposals for alterations to, or changes of use of listed buildings will be supported where they protect the significance of the heritage asset (including its setting), including impacts on the character, architectural merit or historic interest of the building. Proposals should consider factors such as materials, layout, architectural features, scale and design. Proposals which allow for viable uses that are compatible with the conservation of the fabric of the building and its setting will generally be supported. As set out in national guidance, where a proposed development will lead to substantial harm to or loss of a designated heritage asset, the Council will refuse consent except in exceptional circumstances. Exceptional circumstances would include demonstrating that the substantial harm or total loss is necessary to achieve substantial public benefits that outweigh that harm or loss.

Scheduled Monuments and Archaeology

Proposals will be supported where the significance of scheduled monuments or archaeological sites, including their setting, is sustained and enhanced. Any development that adversely impacts a scheduled monument, physically and/or in terms of setting, will not be permitted except where the harm is demonstrably outweighed by public benefits. Where development proposals are likely to affect non-designated archaeological sites, the developer should submit sufficient information to allow the significance of the archaeological remains and the impacts of the proposals thereon to be understood. In some cases this will require archaeological desk based assessment and/or field evaluation of the site which should be submitted as part of a development proposal and should be undertaken by a suitably qualified archaeologist. Provision should then be made for the excavation and recording of archaeological assets before demolition, disturbance or removal takes place, or for their preservation in situ as appropriate for the significance of the particular asset. It should be noted that any development that would affect scheduled monuments above or below ground will require scheduled monument consent in addition to planning approval.

Bolsover Area of Archaeological Interest

Within the Bolsover Town Area of archaeological interest as defined on the Policies Map: 1) Planning applications involving ground disturbance should be accompanied by the results of archaeological desk-based assessment, heritage impact assessment or other site evaluation assessment method, as appropriate to the scale and type of development. The assessment work should be undertaken by a suitably qualified archaeologist 2) Proposals will be supported where the significance of archaeological assets is sustained or enhanced 3) Where harms to archaeological assets are considered to be outweighed by development benefits provision should be made for their excavation and recording before development takes place

Registered Parks and Gardens

Planning permission for development that preserves or enhances the special historic landscape character and interest of a registered park and garden including its setting will be granted. Applications must seek to protect original or significant designed landscapes, their built features, and setting. Proposals which seek to restore or reinstate historic landscape features to original designs, using appropriate evidence, or better reveal their setting will be encouraged.

Housing Allocations

In addition to the strategic sites, the following sites are allocated on the Policies Map to deliver the housing land requirement set out in policy SS2: Scale of Development and in accordance with the strategy set out in policy SS3: Spatial Strategy and Distribution of Development: a) Land off Langwith Road and Mooracre Lane, Bolsover (442)* b) Former Courtaulds factory site, Oxcroft Lane, Bolsover (18)* c) Land between Shuttlewood Road and Oxcroft Lane, Bolsover (227) d) Land off Oxcroft Lane, Bolsover (45) e) Land at Brookvale, Shirebrook (600)* f) Land at Station Road, Langwith Junction, Shirebrook (54)* g) Land to the rear of 1 to 35 Red Lane, South Normanton (50) h) Land at Rosewood Lodge Farm, Alfreton Road, South Normanton (143) i) Land at Town End Farm, Lees Lane, South Normanton (40) j) Land to rear of 169-207 Creswell Road, Clowne (27) k) Land west of Homelea and Tamarisk, Mansfield Road, Clowne (15) l) Land at High Ash Farm, Mansfield Road, Clowne (41) m) Land north of Chesterfield Road, Barlborough (157) n) Land at Skinner Street, Creswell (43)* o) Land south of Creswell Model Village, Creswell (197) p) Land at Croftlands Farm, Pinxton (65) q) Land south of Overmoor View, Tibshelf (78)* r) Land west of Spa Croft, Tibshelf (27)* s) Land at Queens Road Allotments, Hodthorpe (38) t) Land between 11 and 19 Back Lane, Palterton (11) In order to achieve sustainable development, the local planning authority will impose conditions on planning permissions or seek to enter into a planning obligation under S106 of the Town and Country Planning Act 1990, to secure the expected requirements for each site set out in paragraphs 5.16 to 5.40 and where relevant elsewhere in this Plan. *These sites are currently under construction and the number of dwellings remaining to be completed on each site, at 1 April 2019, is listed in this policy.

Affordable Housing Through Market Housing

The Council will require applications for residential development comprising 25 or more dwellings (or which form part of a larger development site with a potential capacity of 25 or more dwellings) to provide 10% as affordable housing on site. This should be in the form of affordable housing for rent. Where an applicant considers that this requirement would lead to the development becoming unviable, this should be demonstrated through the submission of a detailed viability assessment which should accompany the planning application.

Type and Mix of Housing

Development proposals for new housing should seek to ensure an appropriate mix of dwelling types, and sizes, taking account of existing imbalances in the housing stock, site characteristics, the characteristics of adjoining development, and viability and market considerations. The Council will support the provision of housing for older people and specialist housing provision across all tenures, including level access flats, houses, bungalows, and sheltered housing or extra care schemes, in appropriate locations, close to services and facilities. The Council will also support the provision of specialist housing, including nursing homes and residential facilities, in appropriate locations and where there is an identified need and where proposals accord with other Policies of the Plan. In order to ensure that older people are able to secure and sustain their independence in a home appropriate to their circumstances, the Council will encourage developers to build new homes that can be readily adapted to meet the needs of those with disabilities and older people as well as assisting independent living at home. The Council will encourage the inclusion of plots suitable for self and custom build dwellings in areas where the Council's Self and Custom Build Register shows that there is a demand.

Site Allocations for Gypsies, Travellers and Travelling Showpeople

The following sites are allocated for a maximum number of Gypsy and Traveller Pitches as shown on the Policies Map. a) 3 Pitches at Hilcote Lane, Hilcote b) 2 Pitches at land adjacent 255A Shuttlewood Road, near Shuttlewood c) 2 Pitches at Land to the rear of 3-5 Brookhill Lane, Pinxton. The following site is allocated for a maximum number of Travelling Showpeople's plots as shown on the Policies Map. d) 14 Plots at Beaufit Lane, Pinxton

Applications for Gypsies, Travellers and Travelling Showpeople

Planning permission for new sites will be granted if the proposed development a) Proposals should be within development envelopes or on other suitable development land as provided for within the Plan unless they can be shown to meet a need identified in an independent assessment b) Will result in an acceptable living environment for its residents c) Is located within one kilometre of a convenience food store, a primary school, and a doctor's surgery, or of access to public transport d) Has safe highway access with adequate provision for parking and servicing; and in the case of sites for travelling showpeople has good access to the strategic highway network e) Is so located, designed and landscaped that its use will not significantly detract from the character of the area or from the amenity of adjoining or nearby land and so enclosed as to prevent encroachment onto adjoining land f) Is appropriate to the scale of the nearest settlement, its local services and infrastructure g) Will not cause unacceptable nuisance to existing neighbours by virtue of noise and other disturbance caused by on-site activity and/or movement of vehicles to and from the site h) Is not within the green belt, or in areas at high risk of flooding Acceptable proposals will be subject to a condition or agreement that ensures that the future use of the site shall only be to meet the needs of the Gypsy and Traveller community. Consideration may be given to development adjacent to existing permitted sites where it has been demonstrated that there are benefits to the social grouping and that overall impacts meet the criteria of this policy. Where it is possible that a proposal may cause material harm to nearby uses, a temporary permission may be granted to assess its actual impact provided that there are strong compassionate or other personal grounds on behalf of the applicant to do so. In such cases the temporary permission may be restricted to a personal permission for the applicant only. Applications for new sites and refurbishment of existing sites should meet the design guidelines as detailed in National Guidance, where possible and relevant. The Council will seek to meet any new need deemed to be necessary for further provision of sites to accommodate Gypsies, Travellers or Travelling Showpeople as the Gypsy and Traveller Accommodation Assessment is updated over the plan period.

Agricultural, Forestry and Other Occupational Dwellings in the Countryside

Planning permission for a new dwelling in the countryside based upon the essential needs of agriculture, forestry or other rural business shall only be granted planning permission for a temporary dwelling where all of the following criteria are met: a) An independent appraisal is submitted with the application demonstrating that there is a functional need for the proposed dwelling which cannot be met by existing suitable accommodation available in the area, or by rearranging duties and responsibilities between workers b) The size of the proposed dwelling is appropriate to its functional need c) In all cases a financial test is also submitted to demonstrate the viability of the business proposed or as proposed to be expanded d) The dwelling cannot be provided by adapting or converting an existing building on the holding e) The proposed dwelling is located within or adjacent to the existing farm buildings or other dwellings on the holding f) The proposed dwelling does not involve replacing a dwelling disposed of as general market housing g) The design of the proposed dwelling is in harmony with the landscape character type and appearance of the countryside h) Agricultural occupancy is limited by way of a planning condition If, within three years, the authority remains satisfied that a dwelling is justified permission will be granted for a permanent dwelling. Successive temporary permissions will generally not be granted. Any proposal for a farm unit which has been subject to fragmentation, or is known to be about to be affected by it, will be subject to planning conditions to tie the dwellings to adjacent farm buildings to prevent them being sold separately.

Removal of Agricultural and Other Occupancy Conditions

Planning permission for the removal of a restrictive occupancy condition for an agricultural, forestry or other similar worker on a dwelling will only be given where it can be evidentially shown a) That there is no longer a continued need for the property on the holding or for the business b) There is no long term need for a dwelling with restricted occupancy to serve a need in the area c) The property has been marketed locally for an appropriate period (minimum 12 months) at an appropriate price and evidence of marketing is demonstrated

Scale of Development

During the plan period, the Local Plan will accommodate new growth and investment in Bolsover District by making provision for a) Sufficient land to accommodate the delivery of a minimum of 5,168 dwellings (272 new homes per year) to meet the Council's Housing Objectively Assessed Need across the period 2014 to 2033 b) An additional housing land supply buffer of 10% for site flexibility applied across the period 2014 to 2033 (up to a planned scale of housing provision of 5,700 dwellings) c) Sufficient land to accommodate 92 hectares of employment land across the period 2015 to 2033

Strategic Site Allocation - Bolsover North

As part of the growth requirement for Bolsover set out in Policy SS3, land at Bolsover North as defined on the Policies Map is allocated as a Strategic Site within the Local Plan. Proposals for the development of this strategic site will be permitted where they are guided by the approved masterplan for the site (see Figure 4B) or any subsequent approved document and a) Optimise the use of the site or make best use of land b) Provide in the region of 950 dwellings (880 during the Plan period) c) Deliver an improved highways link between Bolsover and Clowne through the re-routing of Welbeck Road through the site to connect with Marlpit Lane d) Improve the existing local highway network in Bolsover as related to the development e) Provide for the expansion of primary phase education provision in Bolsover through the relocation of the existing Bolsover Infant and Nursery School to within the site and providing for its expansion as related to the development f) Provide for the expansion of primary phase education provision in Bolsover through the expansion of the existing Bolsover Church of England Junior School as related to the development g) Demonstrate that adequate sewage infrastructure and capacity exists or can be provided as part of the development h) Deliver an Extra Care / social housing scheme within the site i) Meet green space standards through the creation of a town park within the site j) Contribute to the planned Bolsover Town cycle network through the provision of cycling facilities within the site k) Contribute to the development of the planned wider multi-user trails network through the retention and improving of Elmton Lane as a principal green corridor to the countryside l) Contribute towards minimising the need to travel by private car through provision of convenient access via sustainable modes of transport to locations of employment and services m) Contribute towards place making through the delivery of a high quality designed development through the use of a design code that creates an attractive and locally distinctive new urban neighbourhood utilising as appropriate public art n) Contribute towards conserving and enhancing the biodiversity of the District through the protection and incorporation of existing hedgerows and orchard site within the site's general layout, design and orientation o) Contribute towards the efforts to tackle climate change through its approach to sustainable construction, renewable energy and energy conservation within the site's general layout, design and orientation p) Require provision for the investigation, excavation and recording of archaeological remains within the site and placing of the results within the public domain

Strategic Site Allocation - Clowne Garden Village

As part of the growth requirement for Clowne set out in Policy SS3, land at Clowne Garden Village as defined on the Policies Map is allocated as a Strategic Site within the Local Plan. Proposals for the development of this strategic site will be permitted where they are guided by the indicative masterplan for the site (see Figure 4C) or any subsequent approved document and a) Enable completion of 1,000 dwellings within the site by 2033 b) Optimise the use of the site or make best use of land c) Deliver 20 hectares of B-use employment land d) Provide 5 hectares of non B-use employment land e) Improve highway connection to town centre f) Create a new western link highway to the A616 / Boughton Lane junction g) Provide for a new primary school within the site h) Create a new substantial and central village green i) Provide multi-user trails through the site that connect to the enhanced Clowne Linear Park proposal and the wider proposed multi-user trail network j) Create significant landscape planting, especially to the east, north and western boundaries and in other appropriate locations k) Contribute towards minimising the need to travel by private car through provision of convenient access via sustainable modes of transport to locations of employment and services l) Contribute towards place making through the delivery of a high quality designed development through the use of a design code that creates an attractive and locally distinctive new urban neighbourhood utilising as appropriate public art m) Contribute towards conserving and enhancing the biodiversity of the District through the protection and incorporation of existing hedgerows, woodlands, wetlands and grasslands within the site's general layout, design and orientation n) Contribute towards the efforts to tackle climate change through its approach to sustainable construction, flood risk reduction, sustainable drainage systems, renewable energy and energy conservation within the site's general layout, design and orientation o) Conserve and/or enhance the historic environment, heritage assets and/or their setting and be informed by a Heritage Impact Assessment. p) Demonstrate that adequate sewage infrastructure and capacity exists or can be provided as part of the development.

Strategic Site Allocation - Former Whitwell Colliery site

Land at the former Whitwell Colliery site is allocated as a Strategic Site. Proposals for the development of this strategic site will be permitted where they are guided by the indicative masterplan for the site (see Figure 4D) and a) Remodel the site to an appropriate landscape form b) Create a country park c) Enable completion of at least 200 dwellings within the site by 2033 d) Optimise the use of the site or make best use of land e) Provide 5 hectares of B-use employment land f) Improve access to Whitwell train station g) Contribute towards minimising the need to travel by private car through provision of convenient access via sustainable modes of transport to locations of employment and services h) Contribute towards place making through the delivery of a high quality designed development through the use of a design code that creates an attractive and locally distinctive new urban neighbourhood utilising as appropriate public art i) Contribute towards conserving and enhancing the biodiversity of the District through the protection and incorporation of existing hedgerows and woodlands and the creation and enhancement of open flower rich grassland, wetland and scrub habitats within the site's general layout, design and orientation j) Contribute towards the efforts to tackle climate change through its approach to sustainable construction, renewable energy and energy conservation within the site's general layout, design and orientation k) Demonstrates that adequate sewerage infrastructure and capacity exists or can be provided as part of the development l) Avoid the sterilisation of important mineral resources m) Conserve and/or enhance heritage assets, including their setting, in particular the Belph Conservation Area and the wider setting of Creswell Crags n) Due to the historic use of the site and the underlying principal aquifer, a detailed site investigation and remediation report shall be provided and any necessary works undertaken o) Provide for a landscaped Transitional Zone to the north of Station Road where the form, layout and density of housing development shall reflect the need to respond positively to the countryside edge and the important open break between Whitwell and Hodthorpe

Plan Delivery and the Role of Developer Contributions

To aid plan delivery, planning obligations will be sought where the implementation of a development would create a need to provide additional or improved infrastructure, amenities or facilities or would exacerbate an existing deficiency. The identification of this need will be assessed on a case by case basis but will be guided by the latest version of the Council's Infrastructure Study and Delivery Plan. As a result, contributions will be sought towards the delivery of the following infrastructure types, where they are necessary and relevant: a) Green • Strategic green infrastructure (multi-user trails and wildlife corridors) • Green spaces (formal, semi-natural green spaces and playing pitches) b) Social • Education (2-11 and 11-18 year olds) • Health (primary and secondary care and pharmacy services) • Emergency services (ambulance, fire and police) • Community facilities (libraries, post offices and community halls) • Leisure facilities (indoor facilities) c) Physical • Transport (travel plans, cycling, walking, public transport and road networks) • Utilities (electricity, gas and telecommunications) • Municipal waste (waste collection and disposal) • Water (flood risk, waste water and water supply and quality) Alongside infrastructure delivery, planning obligations will also be sought where the implementation of a development would necessitate the delivery of other policy objectives, such as the provision of starter homes and / or affordable housing, lifetime homes and public art, or to mitigate site based considerations, such as environmental mitigation or maintenance works for nature conservation, landscaping, treatment of contamination, measures to improve land stability, energy conservation and heritage conservation. The examples listed above are not necessarily exhaustive. In some cases the obligation will take the form of a financial contribution. In all cases they will be directly, fairly and reasonably related in scale and kind to the proposed development. The identification of this need will be assessed on a case by case basis but will be guided by the requirements of specific policies elsewhere in the Council's Local Plan. Where the need for infrastructure and other requirements arising from development is proven to exceed that which can be viably funded through the development, priority will be determined by the District Council based on the importance of the infrastructure and other requirements, to the delivery of the Local Plan.

Information Communication Technology and Telecommunications

All Information Communication Technology (ICT) and Telecommunications proposals should be sited and designed in such a way that the appearance of the surrounding area is considered. Proposals for ICT and telecommunications developments will be supported provided that: a) The siting of the proposal and any other additional equipment involved with the development does not unduly detract from the appearance of the surrounding area or form an adverse intrusive addition to the street scene b) The amenities of any neighbouring sites are not unacceptably harmed by the proximity of the proposed telecommunication development c) The colour and profile are sympathetic to the site's surroundings and the size of the development is kept to a technical minimum to ensure any adverse impact on the environment is minimised d) There is justification demonstrating that all alternative sites and potential mast sharing opportunities which fulfil the functional requirements of the development have been assessed, including the use of existing buildings and structures Development should make provision to incorporate super-fast broadband where possible.

Change of Use and Conversions in the Countryside

Where planning permission is required, proposals for the conversion of an existing building or structure, or the change of use of land, to a new use, will be permitted provided they comply with all of the following criteria: a) The building is worthy of retention, structurally sound and capable of conversion without substantial reconstruction b) The conversion or change of use, is in keeping with the original character of the building or land and enhances the fabric and character of any adjacent buildings, or the landscape character type generally c) The number of units and/or density of development is appropriate to the building's location d) The building would have an existing curtilage or a curtilage can be created which does not adversely affect the landscape character type, the building itself or any adjacent structure e) Utilities can be provided and the building has adequate access to a metalled road without creating traffic hazards and without involving road improvements incompatible with the character of the area f) The development proposed does not add to flood risk concerns.

Spatial Strategy and Distribution of Development

To achieve sustainable development, the Local Plan will direct development and service provision within Bolsover District in accordance with the following settlement hierarchy: a) Firstly to the Small Towns of Bolsover and Shirebrook and the Emerging Towns of South Normanton and Clowne b) Then to the Large Villages of Creswell, Pinxton, Whitwell, Tibshelf and Barlborough Beyond these more sustainable settlements, the Local Plan will support limited development in a small number of the Small Villages. Each of the settlements in the hierarchy above has a development envelope defined on the Policies Map, within which urban forms of development will generally be acceptable in principle. The Small Settlements in the Countryside are considered to not be sustainable settlements and the Local Plan will not support urban forms of development beyond infill development and conversion of agricultural buildings where appropriate.

Pleasley Vale Priority Regeneration Area

The Council will encourage development proposals for the Pleasley Vale area which conserve and / or enhance the special appearance and character of the area, the historic environment, heritage assets and their setting and provides a long term future for the existing buildings, preferably featuring employment, commercial, and tourism uses. Proposals including other uses will be required to consider national policy and other Policies within this document. Proposals for development in this area will need to show how they have carefully considered and addressed issues related to a) Access, highways and public transport improvements b) The environmental impact of any proposals on the Nature Conservation site and the wider area in particular the Pleasley Vale Railway SSSI c) Listed Buildings, Conservation Area and Archaeological issues d) Flooding alongside the watercourse

Tourism and the Visitor Economy

Support will be given to proposals which would provide facilities, opportunities or accommodation for visitors to the District, both in terms of business trips and tourism related visits. Such proposals would be particularly welcome in Bolsover Town. Existing tourist facilities and infrastructure will be protected and enhanced including those at Bolsover Castle, Creswell Crags, Hardwick Hall, Stainsby Mill, Pinxton Canal, Pleasley Pit and the multi-user trails network. The majority of new tourism facilities, not directly related to a specific tourist destination, will be directed towards the towns, emerging towns and large villages. Tourism proposals will be promoted and supported where a) They contribute to the achievement of regeneration aims and objectives b) Development is at a scale which is in keeping with local character and which preserves or enhances the quality of the natural and built environment c) Visitor attractions that could attract large numbers of people are accessible by a choice of means of transport, and offer good access by non-car modes

Retail, Town Centre and Local Centre Development

Support will be given to proposals which maintain or enhance the vitality and viability of the following hierarchy of town and local centres as defined on the Policies Map: Town Centres: Bolsover, Clowne, Shirebrook, South Normanton Local Centres: Creswell, Pinxton, Tibshelf, Whitwell Retail and other town centre development of a scale and nature appropriate to these roles will be supported in each centre, provided that the development respects the character of the centre, and assists in maintaining its retail and service function. Retail development must demonstrate that it is a) Located and designed to minimise its impact on the amenity of adjoining or nearby properties and that any impact will be at an acceptable level b) Accessible by an appropriate level of public transport A sequential test and retail or leisure impact assessment will be required for applications in edge-of-centre or out-of-centre locations which include a) Over 200m2 of net retail or leisure floorspace within 500m of local centres b) Over 280m2 of net retail or leisure floorspace within 500 metres of the town centre boundaries c) Over 500m2 of net retail and leisure floorspace across the remainder of the district When considering edge of centre and out of centre proposals, preference should be given to accessible sites that are well connected to the town centre. Where appropriate, conditions will be used to define permissible changes of use and the range and type of goods or services sold. Within the development envelopes defined on the adopted Policies Map, shops designed to meet the needs of local residents, compatible in scale and character to the locality, and which do not materially harm the vitality and viability of town or local centres, will be approved.

Bolsover Edge of Town Centre Allocation

As part of the regeneration and redevelopment of Bolsover town centre, the area known as the Sherwood Lodge site, as indicated in Figure 6A and defined on the Policies Map is allocated as an edge of town centre allocation within the Local Plan. Proposals for the development of this site will be permitted where they a) Ensure the provision of pedestrian access and linkage between Cavendish Walk and the site b) Provide for at least one Convenience retail store in excess of 1,200m2 c) Provide for other town centre related uses which may include retail, leisure, employment, residential or community facilities d) Ensure that a suitable level of public parking is made available as part of the scheme e) Contribute towards place-making utilising public art as appropriate

Shirebrook Edge of Town Centre Allocations

As part of the regeneration and redevelopment of Shirebrook town centre, the area known as Ashbourne Street / Portland Road, as indicated in Figure 6B and defined on the Policies Map is allocated as an edge of town centre allocation within the Local Plan. Proposals for the development of this area will be permitted where they provide for retail in respect of Site A, Portland Road (West), and town centre uses that could include retail, office, leisure, residential or other suitable town centre uses or community facilities in respect of Site B, Portland Road (East). Such proposals should also a) Contribute towards place-making through the delivery of a high quality designed development that creates an attractive and locally distinctive new urban neighbourhood utilising as appropriate public art b) Contribute towards the efforts to tackle climate change through its approach to sustainable construction, renewable energy and energy conservation within the site's general layout, design and orientation c) Be able to clearly demonstrate their active contribution to the regeneration agendas set out in the Regeneration Framework d) Provide for a replacement play area or provide a commuted sum to be agreed with the Council for alternative recreational facilities.

South Normanton Edge of Town Centre Allocations

As part of the regeneration and redevelopment of South Normanton town centre, the areas as indicated in Figure 6C and defined on the Policies Map are allocated as edge of town centre allocations within the Local Plan. Proposals for the development of this area will be permitted within: Site A) for retail Site B) for retail, office, leisure, residential (including Extra Care accommodation or community facilities) Where they: a) Contribute towards place-making through the delivery of a high quality designed development that creates an attractive and locally distinctive new urban neighbourhood utilising as appropriate public art b) Contribute towards the efforts to tackle climate change through its approach to sustainable construction, renewable energy and energy conservation within the site's general layout, design and orientation c) Comply with the provisions of Policy WC4 and current Health and Safety Executive (HSE) land use planning guidance in relation to the nearby Rough Close Works

Hot Food Takeaways

Planning permission will be granted for hot food takeaways (use class A5) provided that a) They would not harm residential amenity in terms of: noise, vibration, odour, traffic disturbance, litter or hours of operation b) They address any concerns in relation to crime and anti-social behaviour c) Within town centres, it can be demonstrated that the proposal will have a positive impact upon both the town centre's daytime and evening economies

Supporting Sustainable Transport Patterns

Planning permission will be granted where new development and the provision of services are located so as to support sustainable transport patterns and the use of the District's sustainable transport modes. Development proposals which are likely to have significant amounts of movements will need to be supported by a) A Transport Statement or Transport Assessment in order to understand their impact on existing transport networks b) A Travel Plan in order to demonstrate how these impacts will be mitigated by prioritising the use of sustainable transport modes All development proposals should provide convenient, safe and attractive access via footpaths, footways, bridleways, cycle paths and public realm areas.

Parking Provision

Planning permission will be granted where there is appropriate provision for vehicle and cycle parking as set out within Appendix 8.2 – Parking Standards. Parking provision should a) Relate well to the proposed development b) Be well designed, taking account of the characteristics of the site and the locality c) Provide a safe and secure environment d) Minimise conflict with pedestrians and / or cyclists e) Make provision for service and emergency access

Protection of Footpaths and Bridleways

Planning permission will be granted for development provided that: a) It would not adversely affect an existing footpath of bridleway, or b) An alternative footpath or bridleway route which is appropriate and environmentally attractive can be secured through a planning condition or through negotiation of a planning obligation under section 106 of the Town and Country Planning Act 1990

Local Transport Improvement Schemes

Planning permission will be granted where the proposal would not prejudice the delivery of the following transport schemes as identified on the Policies Map and set out in detail in Appendix 8.1: Road a) Improvements to Town End / Moor Lane / Welbeck Road junction, Bolsover b) Improvements to A632 / Portland Avenue / Mansfield Road junction, Bolsover c) Improvements to A632 / Rotherham Road junction, Bolsover d) Improvements to A616 / Treble Bob junction, Clowne e) Improvements to A616 / Barlborough Links junction, Clowne f) Improvements to A616 / Lindrick Way junction, Clowne g) Improvements to A616 / Clowne Road junction, Clowne h) Improvements to A616 / Boughton Lane junction, Clowne i) Improvements to A619 / A618 junction, Clowne j) Improvements to A619 / Gapsick Lane junction, Clowne k) Improvements to M1 J30 roundabout Public transport route alterations and improvements a) Redirection of bus routes through the Bolsover North strategic site b) Redirection of bus routes through Bolsover Town in light of other residential and employment allocations c) Redirection of bus routes through the Clowne Garden Village strategic site d) Redirection of bus routes to service Brookvale and Brook Park allocations in Shirebrook e) Improved access to Whitwell train station as part of former Whitwell Colliery strategic site Cycling and walking networks a) Development of the Bolsover Town cycle and walking networks infrastructure b) Development of the Shirebrook cycle and walking networks infrastructure c) Development of the Clowne cycle and walking networks infrastructure d) Development of the South Normanton cycle and walking networks infrastructure

Transport Schemes

Planning permission will be granted where the proposal would not prejudice the delivery of the following transport schemes as identified on the Policies Map and set out in detail in Appendix 8.1: Road: a) Improvements to Town End / Moor Lane / Welbeck Road junction, Bolsover b) Improvements to A632 / Portland Avenue / Mansfield Road junction, Bolsover c) Improvements to A632 / Rotherham Road junction, Bolsover d) Improvements to A616 / Treble Bob junction, Clowne e) Improvements to A616 / Barlborough Links junction, Clowne f) Improvements to A616 / Lindrick Way junction, Clowne g) Improvements to A616 / Clowne Road junction, Clowne h) Improvements to A616 / Boughton Lane junction, Clowne i) Improvements to A619 / A618 junction, Clowne j) Improvements to A619 / Gapsick Lane junction, Clowne k) Improvements to M1 J30 roundabout Public transport route alterations and improvements: a) Redirection of bus routes through the Bolsover North strategic site b) Redirection of bus routes through Bolsover Town in light of other residential and employment allocations c) Redirection of bus routes through the Clowne Garden Village strategic site d) Redirection of bus routes to service Brookvale and Brook Park allocations in Shirebrook e) Improved access to Whitwell train station