Yorkshire and The Humber

Planning in Calderdale

Calderdale · District. Approval rates, decision timelines, local plan status, policies and CIL — sourced from government data, free to read.

E60000069NPPF

Performance

Approval rate

85.9%

Decisions on time

93.81%

Applications / year

888

Housing Delivery Test (2023)

MHCLG has not yet measured this LPA.

Standard-method LHN: 742 dwellings / year

Source: MHCLG PS1/PS2 + HDT 2023.

Local plan

AdoptedAdopted Mar 2023

Calderdale Local Plan 2018/19 to 2032/33 (2023)

Open plan document

Policies

Community

HW1

Health Impacts of Development

Development should contribute to reducing the causes of ill health, improving health and reducing health inequalities by: a. Addressing any adverse health impacts; and b. Providing a healthy living environment; and c. Promoting and enabling healthy lifestyles as the normal, easy choice; and d. Providing good access to health facilities and services.

HW2

Health Impact Assessment

I. A Health Impact Assessment should be provided for residential developments of 30 or more units, non-residential developments of 3,000 sq m or more, hot food takeaways and other developments where the proposal is likely to have a significant impact on health and wellbeing. II. Where significant health impacts are identified, measures to mitigate the adverse impact of the development should be identified and will be secured by appropriate planning conditions or obligations. Expected measures include: a. Health impacts have been properly considered when preparing the proposals; b. The development...

Policy BT7

The Provision of Public Conveniences and Baby Changing Facilities

Publicly available toilet and baby changing facilities should be provided in all developments to which large numbers of the public have access. In particular any retail, leisure or health development with over 1,500 square metres of gross floorspace, should provide publicly available facilities.

Policy HW1

Health Impacts of Development

Development should contribute to reducing the causes of ill health, improving health and reducing health inequalities by: a. Addressing any adverse health impacts; and b. Providing a healthy living environment; and c. Promoting and enabling healthy lifestyles as the normal, easy choice; and d. Providing good access to health facilities and services.

Policy HW2

Health Impact Assessment

I. A Health Impact Assessment should be provided for residential developments of 30 or more units, non-residential developments of 3,000 sq m or more, hot food takeaways and other developments where the proposal is likely to have a significant impact on health and wellbeing. II. Where significant health impacts are identified, measures to mitigate the adverse impact of the development should be identified and will be secured by appropriate planning conditions or obligations. Expected measures include: a. Health impacts have been properly considered when preparing the proposals; b. The development contributes to the creation of a strong, healthy and just society; c. The applicants have worked closely with those directly affected by their proposals to evolve designs that take account of the views of the community; d. Any beneficial impacts on health and wellbeing of a particular development are clearly identified; e. Any negative impacts on health and wellbeing of a particular development scheme are minimised. III. The HIA will be expected to address the following themes in a manner that is appropriate to the scale and type of development proposal: a. Healthy, accessible and affordable housing; b. Physical activity; c. Availability of green space and play areas; d. Diet and nutrition; e. Air quality and noise; f. Active travel, public transport and accessibility; g. Crime and community safety; h. Alcohol and drug use; i. Equality, social cohesion and community; j. Access to public services and facilities, including primary care. IV. Applications will not be approved where the balance of considerations demonstrates that the benefits of the development are outweighed by any adverse impacts on health and wellbeing.

Policy HW3

Wellbeing

The Council and its partners will seek to work together to create and safeguard opportunities for safe, healthy, fulfilling and active lifestyles by: I. Ensuring new developments provide opportunities for healthy living and improve physical and mental health and well-being through the encouragement of walking and cycling, good design (including the minimisation of social isolation and creation of inclusive communities), sound safety standards, access to services, sufficient open space and other green infrastructure, sports facilities and opportunity for recreation; II. Improving education and skills training and encouraging life-long learning; III. Protecting existing community infrastructure and ensuring the provision of a network of community facilities, providing essential public services together with private and voluntary sector facilities, to meet the needs of the local community; IV. Ensuring that all development is designed to create safe environments by: a. Ensuring the natural surveillance of streets and public spaces; b. Providing convenient, well designed, all weather, safe access and movement routes for all; c. Promoting activity that is appropriate to the area, by encouraging a diversity of uses (where appropriate) to extend activity to ensure the safe use of spaces during the day and night; d. Encouraging green spaces and play areas to be located away from main roads; e. Creating a sense of ownership by providing a clear definition between public and private realm; f. Ensuring security measures are sympathetically incorporated into the design; g. Ensuring the layout and use of new developments are appropriate and compatible with an area and in particular facilitating the introduction of 20mph zones; V. Strongly encouraging the reuse of vacant and derelict buildings and spaces (brownfield land); VI. Promoting the role of communal growing spaces including allotments, garden plots within developments, small scale agriculture and farmers' markets in providing access to healthy, affordable, locally produced food options.

Policy HW4

Safeguarding Community Facilities and Services

I. Development proposals which would lead to the loss of community facilities, including but not limited to public houses, village shops or post offices, will not be supported unless: a. An appropriate alternative is provided; or b. It can be demonstrated that the facility is no longer required within the local area or is no longer viable; and all reasonable efforts have been made to retain the facility and other alternative community uses and community ownership and designation as an Asset of Community Value have been considered; or c. The closure of a health or educational facility is required due to an identified operational requirement. II. The Council will support the co-location of services where opportunities arise providing such co-location can be demonstrated to improve access to services and more efficient use of land and resources. III. New developments will, where appropriate, be expected to work with communities to identify community needs and contribute towards the provision of such community facilities in accordance with infrastructure provision.

Policy HW6

Hot Food Takeaways

I. Proposals for hot food takeaways and other sui generis uses such as drive-thru premises will be permitted where they meet the following criteria: a. The proposed development is not within 400m walking distance of the principal entry point to a secondary school except where the application site is within the designated town centres of Halifax, Sowerby Bridge, Brighouse, Elland, Hebden Bridge or Todmorden; b. No unacceptable environmental, safety or other problems are created (including measures to limit litter generation, through the provision of on site bins or the provision of a litter management plan); c. The proposed development would not increase the level of disturbance or nuisance to a level that would be unduly detrimental to the amenities of anyone living in the area; d. The proposals would not generate traffic movements or demand for parking that would be unduly detrimental to highway safety or residential amenities; e. The proposals make adequate and satisfactory arrangements for the discharge of cooking fumes and smells; f. The proposals comply with shopping frontage Policy RT2 'Primary Shopping Areas and Shopping Frontages'; g. The development preserves or enhances conservation areas and does not adversely affect listed buildings or their settings where these are material considerations; II. Where proposals are acceptable, restrictions may be imposed on hours of opening in order to protect the amenity and character of the areas within which the development is located.

Policy RT6

Cultural and Leisure Provision

I. Major new development and large-scale investment, particularly in mixed use schemes, should seek to enhance cultural provision in the Borough. II. Where new facilities are proposed, the use of space for both performing arts and exhibition space should be considered as an integral element of the design. III. New development for cultural provision should seek to ensure that local participation and audience development is enhanced across the Borough. IV. Cultural and leisure proposals in the town centre which meet the following criteria will be permitted where: a. The development, including in combination with any similar uses in the locality, does not have a significant impact on local amenity, including as a result of noise and hours of operation; and b. The proposal establishes or retains an 'active frontage' to the street. V. The loss of existing cultural and leisure provision to other uses will be resisted unless: a. It can be demonstrated that the facility is no longer required by the community and the local community have been given adequate opportunity to manage the asset; or b. Replacement facilities are provided in the local area; or c. The development is for alternative cultural or leisure provision, the needs for which clearly outweigh the loss.

Design

Policy BT1

High Quality Inclusive Design

I. New developments will ensure high quality, inclusive design and demonstrate a holistic approach to design quality. Applicants will demonstrate consideration of the aesthetics, function and sustainability of proposals over the lifetime of the development: Aesthetics II. The design style proposed in new developments should respect or enhance the character and appearance of existing buildings and surroundings, taking account of its local context and distinctiveness, in particular any heritage assets. Contemporary, innovative design will be encouraged where it can be demonstrated that this will not harm local distinctiveness or the significance of any designated heritage assets in its vicinity, including, where relevant, their setting. Aesthetics includes a range of factors including height, massing, scale, form, siting and materials. Function III. Development proposals should be fit for purpose, resilient and flexible in terms of responding to a range of future demands. A mix of uses will be encouraged where possible providing the use does not lead to an unacceptable loss of amenity. New homes should be well laid out internally and should provide suitable levels of space appropriate to the type of home. IV. Proposals will demonstrate consideration of issues around access and ease of movement within and through the development by all sectors of the community and by all modes of transport; the general layout of the scheme within the context of its surrounding; health implications including the modification of the obesogenic environment and safety issues such as land stability, pollution, mining legacy and flooding. Sustainability V. All new residential development (including conversions and extensions) will be expected to incorporate sustainable design and construction principles throughout the development process in line with the Government's objective of setting energy standards through the Building Regulations function. In addition, residential development proposals will be encouraged to: a. Incorporate the principles associated with Passive Solar Design in the design and layout of development, and to facilitate the provision of "2050-ready" homes b. Incorporate the use of recycled and energy efficient materials c. Maximise the reuse of existing resources and materials to minimise waste and the loss of embodied energy associated with the production of building materials and products, and d. Incorporate the use of locally sourced building materials VI. All new non-residential development in excess of 1,000 square metres will be expected to meet at least BREEAM level 'very good' with immediate effect, with an aspiration for higher BREEAM standards, subject to review over the Plan period, to ensure the target remains relevant. VII. Developments that are likely to have a significant landscape or townscape impact in terms of design, public interest or impact on a locality, will be subject to Design Review; this should be undertaken as early as possible in the application process to ensure that proposals are not too advanced to implement any potential design changes.

Policy BT2

Privacy, Daylighting and Amenity Space

Development proposals should not result in a significant adverse impact on the privacy, daylighting and private amenity space of adjacent residents or other occupants and should provide adequate privacy, daylighting and private amenity space for existing and prospective residents and other occupants.

Policy BT5

Designing Out Crime

I. Designing out crime and designing in community safety should be central to the planning and delivery of new development. In order to create safe environments and reduce opportunities for crime, development proposals should demonstrate they have due regard to the following criteria: a. Where possible, promote the incorporation of active frontages and a mix of uses to create a range of activities throughout the day and night, increasing the opportunities for natural surveillance; b. All developments should promote a safe and attractive street and footpath network. Routes should be direct, well lit and where possible, overlooked; c. Landscaping should be designed to help define public and private space. Schemes are encouraged to maintain visual surveillance corridors by limiting the height of planting and avoid creating hiding places and secluded areas; d. Car parking facilities should be designed for both vehicle and personal safety through being well lit, overlooked where possible and to avoid opportunities for concealment; e. Area lighting and closed-circuit television (CCTV) surveillance will be provided in a manner which does not significantly harm amenity and has no detrimental impact on the local environment. Proposals should preserve or enhance conservation areas and not adversely affect listed buildings, historic parks and gardens or their settings, where these are material considerations; f. The use of target hardening measures will only be permitted where sympathetic to the character of the building and the wider streetscene. II. Proposals will be required, where appropriate, to be accompanied by a scheme outlining how the above listed designing out crime considerations have been incorporated into the design of the proposal. III. Development proposals will be required, where appropriate, to be accompanied by a scheme outlining security standards having regard to advice set out in Crowded Places: The Planning System and Counter-Terrorism (and any subsequent updates) and advice provided by the Counter Terrorism Security Advisor.

Policy BT6

Access for All

Development proposals within buildings or sites that provide goods, facilities or services to the public should incorporate design features that facilitate easy access for all, including those with disabilities.

Employment

Policy EE1

Safeguarding Existing Employment Areas, Land and Premises

I. To maintain a viable employment base within Calderdale it is important that existing good quality employment sites are retained for future use, and are therefore protected from development for other uses. Land and Premises within Designated Primary Employment Areas II. Proposals to develop or redevelop land/premises for employment uses or employment complementary uses within the Primary Employment Areas will be supported providing the following criteria are met: a. There is no unacceptable impact on the operation of established employment uses in the area, and b. There is no unacceptable impact on local amenity c. The employment complementary use provides a small scale ancillary service to meet the day to day needs of local employees, and is consistent with other Plan policies. III. Development proposals resulting in the loss of land or premises currently in (or last used for) E(g), B2, or B8 uses, through change of use or redevelopment on sites within the Primary Employment Areas defined on the Policies Map, will not be permitted unless it can be demonstrated that: a. The proposed use is an employment complementary use, and will provide a small scale ancillary service to meet the day to day needs of local employees, and is consistent with other Plan policies, or b. The site or premises are no longer capable of employment use, or c. There is no demand to use the premises for employment use, supported by evidence of extensive marketing, over a reasonable length of time, at a realistic purchase/lease cost, or d. The site has been identified for release in the most up-to-date Employment Land Review, and e. The proposed use is compatible with neighbouring uses and, where applicable, would not prejudice the continued use of neighbouring land for employment. Land and Premises Outside Designated Primary Employment Areas or Employment Allocations IV. Development proposals resulting in the loss of existing land or premises, currently in use (or last used for) E(g), B2, or B8 uses through change of use or redevelopment, which is outside the Primary Employment Areas, will be not be permitted unless it can be demonstrated that; a. The site or premises are no longer capable of employment use, or b. There is no demand to use the premises for employment use, supported by evidence of extensive marketing, over a reasonable length of time at a realistic purchase/lease cost, or c. The proposed use is an employment complementary use, and will provide a small scale ancillary service to meet the day to day needs of local employees, and is consistent with other Plan policies.

Policy EE2

Economic Activity Outside the Main Urban Areas

I. There are a number of established industrial/commercial businesses located in the rural areas of the Borough that provide local employment opportunities. In order to allow for their continued operation and for the provision of new premises on a small scale in areas outside the main urban settlements, development will be permitted provided that proposals meet the requirements of: a. Policy GB1 - Green Belt; or b. Policy GB2 - Area Around Todmorden; and/or c. Any other relevant policies in the Local Plan II. Proposals will not be supported which have an adverse impact on areas of environmental sensitivity, or are not located in a sustainable location.

Policy SD3

Provision of Land for Future Employment Use Requirements

Provision is made through land allocations to provide approximately 95ha of land for employment use (within Use Classes E(g), B2 and B8) in order to meet the employment needs of the Borough.

Policy SD4

Allocated Employment Sites

I. Proposals for development within the specified Appropriate Uses will be permitted provided that the proposed development: a. Does not create any unacceptable impacts on the environment, amenity, safety, highway, or other relevant considerations; and b. Is not piecemeal development that would prejudice the comprehensive development of the site; and c. Is consistent with other relevant policies in the Local Plan. II. Where evidence demonstrates that proposals for development within the specified Appropriate Uses are not viable, consideration will be given to alternative employment or employment complementary uses provided that the proposal complies with the criteria (Part I, a-c) listed above. III. Proposals for non-employment or non-employment complementary uses will be resisted and only be supported in exceptional circumstances where the proposal is justified and complementary (in terms of size and function) to employment and employment complementary uses. IV. Planning applications will need to address the issues identified in Appendix 1. V. The following sites are allocated to provide land for employment purposes within Use Classes E(g), B2 and B8 and are indicated on the Policies Map. In appropriate circumstances, planning permission granted on allocated sites will be conditioned to limit future changes of use under permitted development rights.

Energy

CC6

Assessment of Renewable and Low Carbon Energy Development Proposals

I. Proposals for the generation of energy from renewable and low carbon sources (including distribution infrastructure, Combined Heat and Power, and District Heat Networks) will be assessed for their contribution to reducing carbon emissions and to the overall supply of renewable energy along with any identified harm the proposal would cause including: a. Any significant harm to the visual quality or character of the landscape including cumulative issues, to the local environment, recipient building or the recreational/tourist use of the area and measures to mitigate these and enhance the landscape; b. Any adverse effects on neighbouring uses including the amenity of local residents; c. Any significant harm to sites of nature conservation or biodiversity value and protected species; d. Any significant harm to surface water, drainage, groundwater or water supply; e. Any adverse effects on heritage assets including views important to their settings; f. Inefficient use of land by using land not previously developed and higher quality agricultural land in preference to previously developed land and poorer quality agricultural land; g. Access for construction traffic leading to highway danger or permanent damage to the environment; h. Any adverse effects on aviation navigation and radar systems and/or meteorological radar systems (based on the most recent evidence); and i. Commitment from the developer to remove structures and fully restore the site, to the satisfaction of the Council, should the whole, or part of the site become inoperative for power generation purposes.

Policy CC1

Climate Change

Development proposals should aim to be net zero emitters of greenhouse gases such as carbon dioxide and must demonstrate appropriate mitigation and adaptation measures to address the predicted impacts of climate change by: a. Ensuring energy efficiency is maximised and regarded as a priority outcome in development planning; b. Using Sustainable Design and Construction methods, meeting national standards as a minimum; c. Increasing levels of Renewable and Low Carbon Energy Generation, through both a range of technologies and domestic, community and commercial scale schemes, whilst taking account of cumulative and environmental impacts; wherever possible energy demand should be met by onsite renewable energy or a low carbon energy distribution network; d. Supporting Active and Sustainable Transport through travel planning and providing facilities for active low carbon travel contributing to a reduction in travel demand, traffic growth and congestion; e. Locating development in areas accessible by public transport, and safe, attractive well linked cycling and walking routes, whilst recognising the different needs of rural areas f. Protecting and enhancing Green and Blue Infrastructure Networks, acknowledging the benefits these can bring; g. Minimising flood risk, limiting surface water run off; h. Creating, protecting and enhancing biodiversity habitats, including the wildlife habitat network, taking care not to create barriers to the movement of wildlife over the wider landscape; i. Reducing the amount of waste produced through a reduction in the consumption of materials and resources and maximising the recycling/reuse of waste whilst minimising that going to landfill.

Policy CC5

Supporting Renewable and Low Carbon Energy

The contribution from renewable and low carbon energy generation will be increased over the period of the Local Plan through: a. Positive consideration of proposals for renewable and low carbon developments, including proposals for community led and micro-generation schemes, subject to there being no unacceptable adverse environmental effects, including to areas of biodiversity importance; b. Maximising opportunities for and resulting from the co-location of energy producers with energy users; c. The implementation of the Council's Energy Futures Strategy and its Carbon Action Management Plan (or other agreed strategy) where this relates to buildings.

Environment

Policy BT3

Landscaping

I. Development proposals will be required, where appropriate, to be accompanied by landscaping schemes that include good quality hard and soft landscaping. The landscaping aspects of a development proposal will be required to form an integral part of the design and should consider providing opportunities for possible areas for local food production, including the potential for the use of fruiting trees and shrubs. II. Landscaping schemes should ensure that new development integrates appropriately into its surroundings, contributes to the character of the area, and enhances local biodiversity. III. The scheme should be implemented in full within an agreed timescale and include details of: a. The retention of existing trees, hedgerows, priority habitats, walls, fences, paving, and other site features which contribute to the character and amenity of the area; b. The incorporation of appropriate hard and soft landscaping which enhances the landscape character, amenity, appearance and safety of the site and its setting for all sectors of the community; c. The introduction of boundary treatments, wherever appropriate, that minimise the visual intrusion of the development on neighbouring uses or the wider landscape; d. Maximising the potential for increasing net biodiversity gains on site through the creation of wildlife habitats, and e. The provision for adequate maintenance and long term management of the landscaping scheme. IV. In the case of major proposals, consideration should be given to advanced landscaping works being carried out before building or enabling works commence.

Policy CC2

Flood Risk Management (Managing Flood Risk in New Development)

I. The Council will require new development to follow a sequential risk based approach and be directed away from Flood Zones 2 and 3 in accordance with the principles of the National Planning Policy Framework. Proposals for development will only be permitted if it can be demonstrated that: a. Development cannot be accommodated in a lower flood risk zone; b. It would not give rise to the loss of flood plain storage; c. It would not impede the flow of flood water, surface water or obstruct the run-off of water due to high levels of groundwater; d. Measures required to manage any flood risk can be implemented; e. The management of surface water is done in a sustainable way. Development should enable/replicate natural water flows and decrease surface water runoff, particularly in Critical Drainage Areas, through Sustainable Drainage Systems, utilising green infrastructure and as directed by local standards and guidance. When installing Sustainable Drainage Systems, water quality should be enhanced and habitat creation facilitated where possible; f. Provision is made for the long term maintenance and management of any flood protection and/or mitigation measures; g. It will take into account climate change; h. The benefits of it to the community outweigh the risk; i. Development is resilient to the risks of flooding and positive design processes have been used to reduce any risks. II. Proposals within Flood Zone 3ai will be assessed in accordance with national policies relating to Flood Zone 3a but with all of the following additional restrictions: a. No new highly vulnerable or more vulnerable uses will be permitted with less vulnerable uses only being permitted provided that the sequential test has been passed; b. Extensions should be linked operationally to an existing business; c. Redevelopment of a site should only provide buildings that occupy an equivalent or smaller footprint than the buildings they replace; d. Proposals should include flood mitigation measures (such as compensatory storage) as identified and considered through a site-specific Flood Risk Assessment; and e. Development will not be permitted on any part of the site identified through a site specific Flood Risk Assessment as performing a functional floodplain role. III. Site-specific FRAs will be required for development proposals over 1 hectare in Flood Zone 1 and for development proposals in Flood Zones 2 and 3. Site-specific FRAs will also be required for development proposals which fall within CDAs, regardless of which Flood Zone applies. Prospective developers required to submit a site-specific Flood Risk Assessment must demonstrate that the development will be safe for its lifetime, taking account of the vulnerability of its users, without increasing flood risk elsewhere, and, where possible, will reduce flood risk overall. In Critical Drainage Areas, a site-specific Flood Risk Assessment should also demonstrate that new development is not at risk from flooding from existing drainage systems or potential overflow routes. IV. Development should have full regard to and compliance with the advice of the Environment Agency (or equivalent agency), the objectives and priorities for flood risk management set out in the Local Flood Risk Management Strategy and the published evidence of local flood risk and its significance as included in Strategic Flood Risk Assessments, Surface Water Management Plans and other recognised sources of flood risk data.

Policy CC3

Water Resource Management

I. The Council will work with key stakeholders to protect the quality and quantity of water resources; encourage their efficient use and ensure that they are provided where necessary. Priority will be given to: a. Protecting and enhancing ground and surface water features and preventing aquatic pollution; b. Ensuring new development has an adequate means of water supply, sufficient foul and surface water drainage and sewage treatment capacity; c. Only permitting development if there is no adverse impact to the quality or use of surface or ground water resources; and d. Only permitting development if there is no adverse impact on habitats and species dependent on the aquatic environment. II. Proposals for development within a Groundwater Source Protection Zone should be supported by a hydrogeological (groundwater) risk assessment that identifies potential risks to groundwater from the development and identifies mitigation measures that will be implemented to reduce unacceptable risks. III. Major developments should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate. The systems used should: a. Take account of advice from the lead local flood authority; b. Have appropriate proposed minimum operational standards; c. Have maintenance arrangements in place to ensure an acceptable standard of operation for the lifetime of the development; and d. Where possible, provide multifunctional benefits. IV. Development will only be permitted if it can be demonstrated that the water supply and waste water infrastructure required is available or can be improved to meet the additional demand generated by the new development. Improvements that are necessitated by new development should be funded in advance of development commencing.

Policy CC4

Catchment Management

Proposals for natural flood management such as targeted land and vegetation management and planting in upper catchments and along watercourses will be supported in appropriate locations where they are consistent with national and Local Plan policies and relevant water catchment management plans to reduce flood risk and improve water quality. Proposals should aim to deliver multi benefit projects enhancing water quality, habitat and biodiversity. Proposals should have regard to sites designated and protected for their biodiversity and geodiversity importance and ensure that these are enhanced rather than damaged by the proposals.

Policy EN1

Pollution Control

I. The Council will seek to reduce the amount of new development that may reasonably be expected to cause pollution or be exposed to pollution. When determining planning applications, consideration will be given to the following issues: a. The likelihood of light, noise, smell, vibration or other emissions that pose an unacceptable risk to the amenity of the local area b. The potential impact on the environmental quality and quantity of ground water and surface water c. Whether there are reasonable grounds to believe that human health may be affected by the proposal d. The potential for pollution (including noise, light, water and air pollution) to affect biodiversity and sites of biological and geological importance e. The potential for light pollution to affect intrinsically dark landscapes f. The potential for unacceptable light pollution onto other property or land g. The potential impact on designated Air Quality Management Areas (AQMAs) or areas at risk of exceeding air quality objectives II. An appropriate impact assessment should be submitted with the planning application and should detail any mitigation measures needed to make the development acceptable. Development which does not incorporate suitable and sustainable mitigation measures which reduce pollution levels to an acceptable level will not be permitted.

Policy EN2

Air Quality

I. To ensure that the effect of development on air quality is minimised so far as practicable, residual impacts are mitigated, compliance with legal Air Quality objectives is achieved as soon as possible, and to support the Council's overall strategy set out in the reasoned justification above, all proposals that have the potential to increase local air pollution either individually or cumulatively must be accompanied by proportionate evidence to show that the impact of the development has been assessed. Assessments must be in accordance with the guidance contained in the West Yorkshire Low Emissions Strategy and Air Quality & Emissions Technical Planning Guidance (or equivalent guidance) where relevant to the proposal. In cases where industrial emissions may be introduced or increased, an appropriate assessment must be submitted. Proposals that are not accompanied by that evidence, or which do not incorporate adequate mitigation measures as indicated by the guidance to secure and maintain compliance with air quality objectives to protect human health, will not be permitted. II. To meet the requirements of this policy, air quality assessments will be expected to include the following information: a. Relevant details of the proposed development b. The policy context for the assessment c. Description of the relevant air quality standards and objectives d. The basis for determining significance of effects arising from the impacts e. Details of the assessment methods f. Model verification g. Identification of sensitive locations h. Description of baseline conditions i. Assessment of impacts j. Description of construction phase impacts k. Cumulative impacts and effect l. Mitigation measures m. Summary of the assessment results III. Where there is assessed to be an adverse effect on air quality applicants must provide an assessment of damage cost of the development to secure additional mitigation measures. The mitigation measures will be secured through Planning Conditions or a Legal Agreement. IV. New development in Air Quality Management Areas must be consistent with the Council's Air Quality Action Plan. In these areas, development should not materially worsen air quality or undermine strategies and actions to achieve compliance with the air quality objectives in the shortest time possible. V. Where the development introduces new sensitive receptors into Air Quality Management Areas, the development must incorporate sustainable mitigation measures that protect the new receptors from air pollution as defined in national air quality objectives. Where sustainable mitigation measures cannot be introduced to prevent receptors from being exposed to such risks, development will not be permitted.

Policy EN3

Environmental Protection

I. The Council expects developers to understand the environmental implications of their proposals and to ensure that development does not give rise to and is not exposed to environmental hazards: a. Where there is contamination or there is good reason to believe that contamination may exist on a development site b. Where there is an area of potentially unstable land on or surrounding a development site c. Where development proposals could lead to the juxtaposition of incompatible land-uses d. Where development is proposed within HSE consultation zones or proposals are received for new, or extensions to existing dangerous substance establishments e. Where development is proposed in close proximity to high pressure gas pipelines as shown on the Policies Map, and f. Where development is proposed in close proximity to overhead electricity lines or proposals are received for new overhead electricity lines II. Planning applications should be accompanied by documentation that explores the potential hazards and details any mitigation measures needed to make the development acceptable. As a minimum, developers will be expected to carry out a desk study to investigate the potential risk to controlled waters, human health and other relevant receptors from soil and groundwater pollution. Where potential risks are identified developers will be expected to carry out site investigation and detailed risk assessment and to implement appropriate mitigation to reduce unacceptable risks to an acceptable level. Applications which do not incorporate suitable and sustainable mitigation measures which reduce environmental hazards to an acceptable level will not be permitted.

Policy GB1

Development in the Green Belt

I. Within the Green Belt, the construction of new buildings is inappropriate development except in the following circumstances: a. Buildings for agriculture and forestry b. The provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries, burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it c. The extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building d. The replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces e. Limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan, or f. Limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would: i. Not have a greater impact on the openness of the Green Belt than the existing development, or ii. Not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified affordable housing need within the Borough. II. Other forms of development are also not inappropriate in Green Belt provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land in Green Belt. These are: a. Mineral extraction b. Engineering operations c. Local transport infrastructure which can demonstrate a requirement for a Green Belt location d. The re-use of buildings provided that the buildings are of permanent and substantial construction e. Material changes in the use of land (such as changes of use for outdoor sport or recreation, or for cemeteries and burial grounds), and f. Development brought forward under a Community Right to Build Order or Neighbourhood Development Order III. Uses other than those identified will constitute inappropriate development and will not be supported except in very special circumstances to be demonstrated by the applicant. Development which is not inappropriate should not detract from the visual amenity of the Green Belt by reason of siting, materials or design or lead to traffic, amenity, environmental or other problems which cannot be effectively mitigated.

Policy GB2

Development in the Area Around Todmorden

I. Within the Area Around Todmorden, development proposals which are considered appropriate will generally be supported providing they do not have a negative impact upon the openness or character of the countryside or upon the Special Protection Area (SPA) or Special Area of Conservation (SAC). The types of appropriate development are: a. Uses necessary for agriculture, forestry or equestrian activity or other social and economic uses which have a functional need to locate in the countryside b. Uses which support sustainable growth and diversification of the rural economy, including for tourism c. Limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan d. The re-use and adaptation of existing buildings e. The extension or alteration of existing buildings providing that it does not result in a disproportionate addition over and above the size of the original building f. Sport and recreation uses appropriate to a rural area which do not conflict with other land uses, and g. Limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings), which would: i. not have a greater impact on the openness of the countryside than the existing development, or ii. not cause substantial harm to the openness of the countryside, where the development would reuse previously developed land and contribute to meeting an identified affordable housing need within the Borough. II. Development which is appropriate should not detract from the visual amenity of the open countryside or lead to traffic, amenity, environmental or other problems which cannot be effectively mitigated.

Policy GN1

Securing Green Infrastructure Provision

I. The Council will put mechanisms in place to secure green infrastructure provision in the Borough, in part to help avoid increased recreational disturbance on the South Pennine Moors SAC and SPA. To achieve this, the primary focus will be on: a. Improving and enhancing existing green infrastructure assets, and/or expanding existing, or creating new green infrastructure assets b. Encouraging the protection, enhancement and creation of green infrastructure through the Development Management system c. Encouraging partnership delivery of green infrastructure in the Borough, and d. Making good deficiencies in quantity and quality of green infrastructure by a range of means including developer contributions II. New development must be served by green infrastructure to meet the needs of the prospective residents in a manner which will contribute to the creation of a high quality environment and provide access to high quality open space for leisure and recreational purposes. Development proposals should ensure that: a. The green infrastructure function of the land is retained and where possible improved b. The opportunity is taken to extend and increase green infrastructure by linking green spaces and water body corridors, filling in gaps in green infrastructure provision, and/or creating and increasing biodiversity corridors and Species and Habitats of Principal Importance, while also seeking to avoid increased recreational use of the South Pennines SPA and SAC.

Policy GN2

A Joined-Up Green Infrastructure Network

I. The Council will ensure that the green infrastructure network is joined up. Existing spaces should be interlinked allowing biodiversity and humans safe access to, and transit between, a range of valued spaces. To achieve this, decisions on development proposals shall have particular regard to: a. Seeking to connect biodiversity habitats and water corridors; b. Maintaining critical biodiversity assets and providing long term security for these as identified in the Calderdale Biodiversity Action Plan; c. Protecting and extending access and informal and formal recreational opportunities to meet current and future demands; d. Connecting urban and rural communities where possible; and e. Promoting the use of green infrastructure to make cycling and walking more attractive. II. The concept of Wildlife Habitat Networks will be used by the Council in assisting the integration of otherwise isolated areas of wildlife interest. Development will not be permitted in a Wildlife Habitat Network if it would damage the physical continuity of the Network; or impair the functioning of the Network by preventing movement of species; or harm the nature conservation value of the Network.

Policy GN3

Natural Environment

I. The Council will seek to achieve better management of Calderdale's natural environment by requiring developments to: a. Conserve and enhance the biodiversity and geological features of the Borough by protecting and improving habitats, species, sites of wildlife and geological value and maximising biodiversity and geodiversity opportunities in and around new developments b. Conserve, enhance and restore the habitats, water quality, physical structure and local distinctiveness of the Borough's canal and river corridors as natural floodplains, functioning ecosystems and important strategic wildlife habitat networks allowing the free movement of wildlife c. Ensure there are no residual adverse impacts resulting from a proposed development, where in exceptional circumstances the reasons for the proposed development clearly outweigh the value of the ecological feature adversely affected and there are no appropriate alternatives. The adverse impacts of the development must be proportionately addressed in accordance with the hierarchy of: mitigation, compensation and finally offsetting. When appropriate, conditions will be put in place to make sure appropriate monitoring is undertaken and make sure mitigation, compensation and offsetting is effective. d. Take appropriate steps to maintain or enhance the favourable conservation status of populations of protected species and species of conservation concern e. Take appropriate steps to avoid recreational disturbance and urban edge effects, mitigating for recreational disturbance though the provision of recreational green space where appropriate f. Protect, restore and enhance other features of natural environmental importance, in line with local environmental priorities g. Design-in wildlife, and provide appropriate management, ensuring development follows the mitigation hierarchy and achieves measurable net gains in biodiversity in accordance with the most up to date national and local guidance h. Contribute towards the targets set out for Habitats and Species of Principal Importance and the environmental priorities of Local Nature Partnerships and biodiversity offsetting schemes, as appropriate i. Deliver enhancement and compensation, commensurate with their scale, which contributes towards the achievement of a coherent and resilient ecological network j. Protect and enhance the distinctive landscape character of Calderdale k. Adopt good environmental site practices as appropriate, including in the form of a Construction Environmental Management Plan (CEMP) where appropriate l. Be informed by adequate ecological information, prepared by a competent ecology professional, conforming to British Standard BS 42020:2013 (Biodiversity - Code of practice for planning and development), and m. Where opportunities arise, water bodies should be taken out of culvert, or daylighted if not possible, and physical barriers made passable to fish species. Under exceptional circumstances where culverting is delivered, daylighting should be integrated for habitat protection. II. Development proposals which are likely to have a significant adverse impact on a site with one or more of the following designations, habitats or species will not be permitted except in exceptional circumstances where the reasons for the proposed development clearly outweigh the value of the ecological feature adversely affected and there are no appropriate alternatives: a. Local Nature Reserves (LNR) b. Local Wildlife Sites (LWS) c. Local Geological Sites (LGS) d. Calderdale Wildlife Habitat Network (or similar designation) e. Priority habitats and species within the Calderdale Biodiversity Action Plan f. Habitats and Species of Principal Importance within the UK Biodiversity Action Plan g. Habitats and species listed in respect of Section 41 of the Natural Environment and Rural Communities Act 2006 h. Legally protected species i. Areas of Ancient and Semi-Natural Woodland j. Nature Improvement Areas III. Development proposals which are likely to have a significant adverse impact on a site with one or more of the following national or international designations will not be permitted: a. Special Protection Areas (SPAs) b. Special Areas of Conservation (SACs) c. Sites of Special Scientific Interest (SSSI) d. Sites identified, or required, as compensatory measures for adverse effects on European sites IV. An ecological assessment will be required for development located within the 2.5km South Pennine Moors (phase 2) SPA & SAC buffer and outside the urban area in order to establish if the land is of functional importance to designated South Pennine Moors (phase 2) SPA species. V. Any proposed development which may directly or indirectly compromise the conservation objectives of a SPA or SAC will not be permitted unless the proposal meets the conditions specified in Regulation 63 and 64 of the Conservation of Habitats and Species Regulations 2017 (Habitats Regulations).

Policy GN4

Landscape

Special Landscape Area I. Proposals for development within or affecting the Special Landscape Area (SLA) or its setting should be carefully designed to ensure they are in keeping with their location in the SLA in terms of density, height, massing, scale, form, siting and materials. II. Proposals for development within or affecting the Special Landscape Area (SLA) will only be supported if the proposal: a. Does not adversely affect the scenic quality of the SLA. Consideration should be taken to protecting important and distinctive views, and protecting remoteness and tranquillity. b. Does not adversely affect opportunities for access and recreation, and c. Protects and enhances landscape quality, sense of place and local distinctiveness, including retention and enhancement of features and habitats of significant landscape, historic, ecological and wildlife importance. III. In determining whether a proposed development may affect the SLA, consideration will be given to how the proposed development may impact its setting. Proposals should preserve or enhance those elements that contribute to the SLA's significance, and development which will adversely affect the setting of the SLA resulting in harm to the significance of the SLA will not be supported. IV. Proposals within or affecting the SLA or its setting should be accompanied by a Landscape Impact Assessment setting out how the proposal protects and enhances the landscape, taking into account the requirements of this policy. Landscape Character Areas V. New development should be designed in a way that is sensitive to its landscape setting, retaining and enhancing the distinctive qualities of the landscape area in which it would be situated. For each Landscape Character Area, planning permission will only be granted if the proposed development would: a. Make adequate provision as far as is practicable for the retention of features and habitats of significant landscape, historic, geological and wildlife importance b. Where possible, enhance the character and qualities of the landscape area through appropriate design and management c. Reflect and enhance local distinctiveness and diversity, and d. Provide appropriate landscape mitigation proportionate in scale and design, and/or suitable off-site enhancements. VI. The Policies Map identifies the Special Landscape Area in Calderdale.

Policy GN5

Trees

I. Development proposals will be positively considered provided: a. There is no unacceptable loss of, or damage to, existing trees or woodlands during or as a result of development. Any loss should be fully justified by a tree survey. b. Trees not to be retained as a result of the development are replaced within a well-designed landscape scheme, and c. Existing trees worthy of retention are sympathetically incorporated into the overall design of the scheme including all necessary measures taken to ensure their continued protection and survival during construction. II. Development proposals that seek to remove trees that are subject to 'Protection', without justification, will not be permitted; III. Development proposals which will result in the loss of or damage to aged or veteran trees and their associated flora and fauna will not be permitted; IV. Development proposals which will result in the loss of or damage to Ancient Woodland sites and their associated flora and fauna will not be permitted.

Policy GN6

Protection and Provision of Open Space, Sport and Recreation Facilities

I. The Policies Map identifies areas of Protected Open Space, Sport and Recreation Facilities that shall be safeguarded from development to maintain local character and amenity of settlements and their communities and/or recreational function. Within the areas identified under this policy, development will only be permitted where: a. An assessment has been undertaken which clearly shows the open space, buildings or land to be surplus to requirements; or b. The loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or c. The development is for alternative sports and recreational provision, the needs for which clearly outweigh the loss. II. Improvements in the provision of Open Space in areas of deficiency should be undertaken. Development proposals that conserve, improve, maintain or create open space will be permitted providing that they are consistent with other relevant Local Plan policies. III. Development proposals for new or replacement schools or other education facilities, extensions to existing education establishments and changes of use for school or other educational and training purposes that include sports and recreation facilities, will only be permitted where recreational facilities are provided to the wider community outside of school hours. IV. All new residential developments should provide for the recreational needs of the prospective residents, by providing, laying out and maintaining recreational and amenity open space of a scale and kind reasonably related to the development within an agreed timescale or, where on site provision cannot be delivered, by way of a financial contribution to improving local off-site provision. V. In determining the required open space provision, the Council will have regard to the type of development proposed and the availability, quality and accessibility of open spaces in the area assessed in accordance with the Council's borough-wide open space standards and relevant national standards. In the case of outdoor sports facilities, the Council will also have regard to the most up-to-date version of the Calderdale Playing Pitch Strategy which provides key information on quantitative shortfalls in sports pitches and the need for qualitative improvements.

Policy GN7

Allotments

I. Development proposals which would result in the loss of, or otherwise adversely affect the continued operation and character of allotments will not be permitted unless: a. It is demonstrated that this would not result in unmet demand for allotments within reasonable walking distance, and the proposals are for an alternative community use of an open space nature b. Appropriate alternative allotment provision is made of at least an equivalent standard and in a satisfactory location before the use of the existing allotment ceases, and c. The proposed development is consistent with other relevant Local Plan policies II. Proposals for the provision of new allotment sites will be permitted provided that they: a. Are of a high standard of design and external appearance which is based on ecological principles b. Provide for suitable pedestrian and vehicular access c. Do not detrimentally harm the amenity of adjacent residents, and d. Are consistent with other relevant Local Plan policies

Policy GN8

Protection of Local Green Spaces

The Council will give special protection to sites designated as Local Green Space that are important to the local community. Development proposed within a Local Green Space will be considered having regard to Green Belt policy.

Policy HW5

Sustainable Local Food Production

I. All new residential developments shall include gardens or communal areas of adequate size, commensurate in scale with the development, to support household food production. II. Where practical, developments of apartments or specialist accommodation should have some or all of pot/trough space, window box facilities, communal gardens at ground or roof level, pre-built raised beds and sensory gardens. III. Furthermore, all developers are encouraged to explore ways to incorporate food growing into landscaping schemes and the spaces around their developments.

Policy MS1

Minerals Strategy

In recognising that mineral resources can only be worked where they are found, the Council will ensure a sufficient and sustainable supply of minerals and contribute to the sub regional apportionment through the following policy: I. The Council, along with other Mineral Planning Authorities within West Yorkshire, will seek to make an appropriate contribution towards the maintenance of a ten year land bank for crushed rock aggregates as identified through the West Yorkshire Local Aggregate Assessment (LAA). II. Extensions to existing mineral workings will be preferred to the opening of new workings, whilst acknowledging that minerals can only be worked where they are found. III. The Council will encourage the processing of secondary and recycled aggregates in order to reduce reliance on primary extraction. IV. The Borough will identify and safeguard known mineral resources of local and national importance to ensure they are not needlessly sterilised by non-mineral development. V. Proposals for extracting other types of minerals and proposals for the production of recycled and secondary aggregates will be assessed in accordance with national policy and the environmental criteria set out in Policy MS4. VI. In view of the national importance of the local sandstone resource, the Council will seek to encourage producers to maintain reserves at a level of 10 years projected sales. VII. Applications to reopen disused stone quarries in order to repair historic buildings will be supported where the proposal is in accordance with other mineral policies and where it can be shown that such materials cannot be supplied from an existing quarry.

Policy MS2

Mineral Safeguarding Areas

I. To protect mineral reserves from sterilisation from non-mineral development, the Council designates Mineral Safeguarding Areas (MSA) for the following resources: a. Sandstone b. Coal c. Brick clay and fireclay II. All non-minerals development proposals that fall within the MSA will be encouraged to explore the potential for prior extraction. Other than the exempt developments (defined in Box 1 below) all proposals will be required to carry out a site specific mineral resource assessment, which shall identify whether a mineral is present, in what quantity, and whether development would sterilise the mineral lying under the site or adjacent to it. Permission will be refused unless it can be evidenced that at least one of the following criteria can be met: a. The proposed development outweighs the requirement to extract the mineral; b. The mineral resources are not present or have been previously extracted; c. The mineral resources identified are of no economic value; d. It is not viable to extract the potential resource; e. Prior extraction of minerals would cause unacceptable impacts on neighbouring uses, local amenity and other environmental assets. III. Where non mineral development is proposed, prior extraction of the mineral resource is especially encouraged as part of regeneration, land remediation or where it would assist any land stabilisation schemes. IV. Non minerals development proposed in former building stone quarries will be required to evidence that the remaining resources are not of sufficient quality or quantity to make provision for prior extraction. V. Mineral allocations and working mineral sites are included within the MSA and identified on the Policies Map. VI. The Council will also safeguard areas within 500m of the MSA as a buffer to safeguard the resource from the impact of development in its vicinity. VII. Applications for non-mineral development in the MSA Buffer Zone will be expected to demonstrate how they have mitigated the development to ensure that any future mineral extraction within the MSA shall not be compromised.

Policy MS3

Safeguarding Minerals Infrastructure

In order to ensure that existing and planned facilities involved with the processing, handling, storage and transport of minerals are safeguarded, non mineral proposals (with the exception of those exempt types of development as set out in Policy MS2) should not be permitted unless they can demonstrate that: a. The proposed non minerals development would not be of a sensitive nature so as to constrain the existing minerals infrastructure continued or future use, or b. The material planning benefits of the proposed non-mineral development would outweigh the material planning benefits of the mineral infrastructure site, or c. The minerals infrastructure site can be relocated to an alternative site

Policy MS4

Proposals for New or Extended Mineral Sites

I. Proposals for minerals development will be permitted subject to it being demonstrated that the development would not have an unacceptable impact, including cumulative impact with other developments. In assessing proposals for new or extended minerals development the following environmental considerations will be taken into account: a. Noise; b. Air quality, including the potential impacts on AQMAs; c. Dust; d. Visual impacts, including light pollution; e. The impact of traffic on the highway network; f. Land stability; g. Impacts on the Special Protection Area and Special Area of Conservation; h. The impacts on the natural environment; i. The impacts on the historic environment; j. The impact on surface and groundwaters; k. Soil resources including the best and most versatile agricultural land; l. Sites of Geological Interest; m. Proposals for new or extended mineral developments will be expected to show how they will minimise waste during the extraction; n. In cases where blasting is requested, details should be submitted regarding methodology and blasting times, frequency and duration. II. Sensitive working, restoration and aftercare practices will be adopted to preserve and enhance the overall quality of the environment once extraction has ceased. III. In addition proposals will be assessed in relation to potential adverse impacts from the cumulative impacts from individual sites or from a number of different sites in a single locality.

Policy MS5

Mineral Allocations

I. The following table is a list of the existing mineral sites for allocation in the Local Plan. These are shown on the Policies Map. Table 25.8 Mineral Allocations - Existing Mineral Sites Site Area (ha) Aggregates Commodity Status Site Name Local Plan Site Ref 60.9 No Fireclay Inactive Ashgrove Clay Works MLP1 1.8 Yes Sandstone Inactive Beacon Lodge MLP2 31.7 No Clay & Shale Active Calder Brick Works N MLP3 9.9 No Clay & Shale Inactive Calder Brick Works S MLP4 17.1 No Sandstone Undergoing restoration Clockface Quarry MLP5 18.2 No Fireclay Active Corporal Lane , Shelf MLP6 36.5 Yes Sandstone Undergoing restoration Cromwell Quarry MLP7 4.6 No Sandstone Inactive Crownest Quarry, Hipp

Policy MS6

Restoration of Mineral Sites

I. Proposals will be required to ensure that mineral sites are restored to a high quality and a beneficial after use. Sites should be restored so as to contribute to biodiversity, geodiversity, the local and wider landscape character, the historic environment, climate change mitigation, or for community use where appropriate. In order to achieve this proposals should: a. Set out a timescale for the restoration of the site, and implement a phased extraction and restoration approach; b. Demonstrate that the proposals are technically and economically feasible; c. Reflect the local landscape character of the site in restoration and after use proposals; d. In proposing biodiversity restoration, set out how these will contribute to the Biodiversity Action Plan; e. Where appropriate, restore land back to agriculture for sites involving the best and most versatile agricultural land; f. Ensure soil resources are retained, conserved and handled appropriately during operations and restoration; g. Ensure flood risk is not increased; h. Maintain and preserve important geological features; II. Where it is proposed to import waste to aid the restoration of the site applicants will be required to: a. Provide evidence that the import of waste will be over an appropriate timescale; b. Demonstrate that it is not practicable or feasible to reuse or recycle the waste; III. Where applicants are unable to submit full restoration details at the planning application stage proposals should include: a. An overall concept plan with sufficient detail to demonstrate that the scheme is feasible in both technical and economic terms, and b. Illustrative details of contouring, landscaping and any other relevant information as appropriate IV. Restoration proposals will be subject to a minimum aftercare period of five years. Where proposals may require a longer period of management the proposal will only be permitted if it includes details of the period of extended aftercare and how this will be achieved.

Policy WA1

Planning for Sustainable Waste Management

I. The Council will implement the waste hierarchy through the following policy. II. Proposals for new or extended waste management facilities must support the waste hierarchy, with the order of priority as follows: a. Prevention b. Preparing for reuse c. Recycling d. Other recovery, including energy recovery e. Disposal III. Proposals will be expected to contribute to a continual reduction in the amount of biodegradable waste being disposed of in landfill sites. IV. Proposals for new landfill facilities for inert or non inert waste will not be permitted unless: a. The proposal is for inert waste disposal that are related to the restoration of a mineral site or land-raising and will provide clear benefits for biodiversity and /or recreation and/or agriculture, or b. It can be demonstrated that the residual waste to be disposed of has already been subject to extensive treatment and there are no alternative means of disposal at other permitted sites. V. In addition the following applies: a. Any important mineral resources identified through the Mineral Safeguarding Policy would not be sterilised; b. Suitable measures to recover energy from the landfill gas are proposed, and c. The proposal would not pose an unacceptable impact on natural resources, especially groundwater sources, and would accord with the criteria in Policy WA4. VI. In all cases proposals for new landfill (inert and non inert) facilities will be required to be consistent with other policies in the Local Plan. VII. Support will be given to proposals that maximise as far as practicable the Borough's self sufficiency in relation to waste management. VIII. Non-waste development proposals must provide evidence as to the arrangements for on-site waste management, including the provision of appropriate storage and segregation facilities, both during the construction phase and once occupied. The following types of applications will be excluded: a. Householder development b. Conservation area consent c. Listed buildings consent d. Advertisement consent e. Tree works f. Certificates of lawfulness of existing or proposed use or development IX. All development proposals should be consistent with the objectives of the waste hierarchy.

Policy WA2

New Waste Facilities

The following sites are allocated for waste facilities: Site Ref. No. | Site Location | Site Area (ha) | Indicative Developable Area (ha) W1 | Bacup Road, Sharneyford, Todmorden | 3.15 | 1.48 W2 | Atlas Mill Road, Brighouse | 2.08 | 0.80 W3 | Land North of Holmfield Industrial Estate, Halifax* | 6.85 | — *Also allocated as a New Employment Site (Policy SD4 'Allocated Employment Sites') – Part of this Employment Site could provide additional waste capacity. Planning applications will need to address the issues identified in Appendix 1.

Policy WA3

Safeguarded Waste Sites

I. There are a number of existing operational waste sites that operate in the Borough and contribute to the provision of a network of waste facilities set out in Policy WA5. It is important that these sites are safeguarded to ensure the Borough continues to have the ability to reduce both the amounts of waste ending up in landfill and the levels of waste it exports elsewhere. II. Alternative uses proposed for Safeguarded Waste Sites that result in a loss of an existing or allocated waste management facility must be accompanied by the following evidence: a. Qualitative assessment of how much waste management capacity would be lost as a result of the proposal, and b. It can be demonstrated that there is no longer a need for the facility or capacity can be met elsewhere in the district, or c. The need for the non-waste development overrides the need for safeguarding. III. Policy WA3 will also apply to Local Plan waste allocations that are developed within the lifetime of the Plan.

Policy WA4

Proposals for New Waste Management Facilities

I. Applications for new waste management facilities should prioritise previously developed land, sites identified for employment uses, and redundant agricultural and forestry buildings and their curtilages. All applications for new or extended waste management facilities will be required to provide evidence that the proposal would not give rise to unacceptable impacts on people or the environment. II. Proposals will be required to avoid unacceptable impacts on the local environment including noise, dust, air quality, vibration, odour, litter, contamination, attraction of vermin or birds; in particular, the following will be assessed: a. The proposal does not create unacceptable impacts on water resources and the natural water environment, groundwater levels, water quality, or flood risk, along with the capacity of flood storage or existing flood defence structures; b. The proposal will not give rise to unacceptable impacts on those elements which contribute to the significance of a heritage asset, including its setting; c. The proposal respects the surrounding landscape character, being of a scale, form and design appropriate to its location and setting; d. Biodiversity and geodiversity, including sites subject to European, national and local statutory protection, will suffer no unacceptable impacts as a result of the proposal; e. Evidence as to the ability of the existing highway network to safely accommodate the traffic generated; f. The impact on Potentially Unstable Land; g. No unacceptable impacts result from a cumulative impact of waste management facilities in a particular location; h. Additional information concerning the operation of the facility will be required, including hours of operations, traffic movements, vehicle cleansing, loading, and unloading arrangements; i. The proposal is consistent with other policies in the Local Plan.

Policy WA5

Existing Waste Management Facilities

The Council has a number of existing major waste facilities which are identified below and on the Policies Map. Site Ref | Facility Name | Facility Type | Site category WEX1 | Dam Top Works, Ripponden | Car Breaker | Metal Recycling Site WEX2 | Fairlea Mill, Halifax | Car Breaker | Processing WEX3 | Calder Mill, Hebden Bridge | Car Breaker | Processing WEX4 | Land / Premises at Exmoor Street, Halifax | Metal Recycling | Processing WEX5 | Stainland Board Mill, Hollywell Green | Paper Recycling | Processing WEX6 | Ainleys (Elland) HWRC | Household Waste Recycling centre | Transfer WEX7 | Atlas Mill, Brighouse HWRC | Household Waste Recycling centre | Transfer WEX8 | Eastwood, Todmorden HWRC | Household Waste Recycling centre | Transfer WEX9 | Lee Bank, Halifax HWRC | Household Waste Recycling centre | Transfer WEX10 | Meerclough Rd, Sowerby Bridge HWRC | Household Waste Recycling centre | Transfer WEX11 | Belmont Industrial Estate, Sowerby Bridge | Non Hazardous Waste | Transfer WEX12 | Halifax Transfer Station (also HWRC), Lee Bank | Non Hazardous Waste | Transfer WEX13 | Unit 6 Woodman Works, South Lane, Elland | Non Hazardous Waste | Transfer WEX14 | Far Shawcroft Farm, Akroyd Lane, Wadsworth, Hebden Bridge | Composting | Treatment WEX15 | Sharneyford Works, Bacup Road, Todmorden | Composting | Treatment WEX16 | High Level Way Material Recycling Facility, Pellon Lane Halifax | Material Recycling | Treatment

Heritage

Policy HE1

Historic Environment

I. Development proposals should conserve, and where appropriate, enhance, the historic environment especially those elements which make a particularly important contribution to the identity, sense of place and local distinctiveness of Calderdale. These include: a. Calderdale's textile/industrial heritage and landscapes b. Yeoman Houses of the 16th and 17th centuries c. Nonconformist chapels and graveyards d. Historic farmsteads and barns, and e. Civic buildings II. Applications for development which are likely to affect the significance of a heritage asset (whether designated or not), including its setting, will be required to include an appropriate understanding of the significance of the assets affected. Where it is necessary to understand the impact of the proposals upon the heritage asset, this should also be accompanied by a Heritage Impact Assessment or, in the case of archaeological remains, an appropriate archaeological assessment. III. Development proposals will be expected to conserve heritage assets in a manner appropriate to their significance. Harm to a designated heritage asset (or a Class II archaeological site) will only be permitted where this is outweighed by the public benefits of the proposal. Substantial harm to or the total loss of the significance of the most important designated heritage assets will only be permitted in wholly exceptional circumstances where there is a clearly defined significant public benefit which outweighs the harm. IV. Proposals affecting a Class III archaeological site should conserve those elements which contribute to its significance in line with the importance of the remains. In those cases where development affecting any archaeological sites is acceptable in principle, mitigation of damage will be ensured through preservation of the remains in situ as a preferred solution. When in situ preservation is not justified or achievable, the developer will be required to make adequate provision for the archaeological site's satisfactory recording, analysis, reporting, interpretation and deposition of the resultant archive with an appropriate museum or archive service. V. Proposals affecting a conservation area or its setting should preserve or enhance those elements that contribute to its significance particularly those buildings, spaces or structures making a positive contribution to its character. Regard should be given to conservation area character appraisals where one exists. VI. Support will be given to development proposals which will help to provide a sustainable future for a heritage asset at risk, providing that other elements of this policy are complied with. VII. Proposals that are within or likely to affect the setting of a locally important historic park and garden will be expected to: ensure that development does not detract from the enjoyment, layout, design, character, appearance or setting of the park or garden, key views out from the park, or prejudice its future restoration.

Housing

HS7

Houses in Multiple Occupation

I. Planning permission will be granted for the use of a building as a house in multiple occupation where: a. There would be no harm to: i. The appearance, character or primary function of the locality; ii. The appearance or character of the building; iii. The amenity of the occupiers of neighbouring buildings or the intended occupiers of the building; b. The proposal is well served by public transport; c. There is adequate car parking provision on site; or d. On-street parking would not impair the free flow of traffic or highway safety; and e. The proposal would not result in a disproportionate concentration of HMOs in an area. II. Where the impact of Houses in Multiple Occupation would undermine a locality's main character and function, the Council will consider the creation of Article 4 Directions to protect such areas.

Policy HS1

Non Allocated Sites

Proposals for residential development (including those for the renewal of a previous planning permission) on a non-allocated site or building for conversion will be supported, provided that: a. The proposal complements the strategic objectives of the Local Plan; b. The demands generated from the proposed housing can be accommodated by existing infrastructure; c. There are no physical and environmental constraints on development of the site which cannot be mitigated; d. If the proposed development falls within Flood Risk Zones 2 or 3, it passes the flood risk Sequential Test, and where necessary, the Exception Test; e. The development creates no unacceptable environmental, amenity, traffic, safety, or other problems; f. The development conserves or enhances heritage assets and will not harm those elements which contribute to their significance, including their settings; g. The site does not have any recognised value for nature conservation; and h. The proposal complies with other relevant Local Plan policies.

Policy HS2

Residential Density

I. All new housing developments should use land efficiently. II. A minimum net density of 30 dwellings per hectare will generally be sought for developments on non-allocated sites; however, higher densities of development will be sought: a. In and around the main town centres b. Close to main public transport routes and bus and railway stations, and c. Through innovative design solutions III. Lower densities may be appropriate on certain sites, and proposals for development at lower densities will be determined taking into account the following: a. The character of the site, including topography and any biodiversity value b. The character of the surrounding area c. The need to preserve the amenity of existing or future residents d. The availability of local facilities and infrastructure e. Any aspiration to achieve other objectives, for example, to alter the housing mix in an area as part of wider regeneration projects.

Policy HS3

Housing Mix

I. In order to meet the housing needs of the Borough over the Plan period, the Council will seek a mix of type and size of new housing. II. Proposals for housing developments of 10 or more dwellings will be expected to provide for a mix of housing in terms of size, type, tenure and affordability; and additionally, proposed housing developments of 30 or more dwellings should be accompanied by a statement setting out how the mix of housing will assist in meeting local needs. The various house types, sizes and needs being met should be spread throughout the site. III. The housing mix should be informed by the most recent SHMA together with other relevant and recent information, and also taking into account market factors, and the location and characteristics of the site.

Policy HS4

Housing for Independent Living

I. The Council will seek to increase the level of housing suitable to meet the needs of older people and disabled people, both through its role as enabler, and also through supporting proposals for housing which contribute to independent living, such as sheltered accommodation and extra care housing. II. Development proposals for communal establishments and specialist housing will be supported provided: a. They meet an identified need; b. The site is suitable; c. The location is appropriate in terms of access to facilities, services and public transport; d. The design of the development meets the specific needs of older people or disabled people; and e. It complies with other Local Plan policies. III. Proposals for residential development should ensure that 100% of units are adaptable and accessible homes. In locations in Calderdale where site specific circumstances, including topography and flood risk, will result in this requirement not being possible to achieve or would render a scheme unviable, the Council will consider reducing or waiving the requirement.

Policy HS5

Self-Build and Custom Housebuilding

I. The Council will actively seek to promote and support sites for self-build and custom housebuilding on both land allocations in the Local Plan and on other sites that might come forward during the Plan period where other material considerations indicate that support is appropriate. II. On sites of 100 dwellings or more, the Council will generally seek 5% of the overall capacity to be provided as serviced plots for self or custom build need. In determining the level of provision, consideration will be given to the most up to date evidence contained within the Self-build and Custom Housebuilding Register. III. Applications for self and custom housebuilding on serviced plots (both on large sites of 100 dwellings or more and on other sites that may come forward during the Plan period) should comply with other relevant Local Plan policies. IV. A marketing strategy should be submitted as part of the proposal to establish the type, extent and duration of marketing. An information pack should also be provided to the Council to be distributed to all appropriate individuals on the Self-Build and Custom Housebuilding Register.

Policy HS6

Affordable Housing

I. The Council will not require an inclusion of an element of affordable homes in housing developments of 10 units or less, and which have a maximum combined gross floorspace of no more than 1,000 square metres (gross internal area). II. The Council will expect details of the affordable housing mix to be provided in a statement of Affordable Housing Contribution to be informed by the most recent SHMA, together with the Council's published guidance on affordable housing provision. III. In some instances, the proportion may be less than that prescribed in Table 19.6 where robust viability evidence demonstrates that there are development costs which would otherwise prejudice the implementation of the proposal. For any deviation from the stated requirements, the Council will take account of the most recent evidence, such as the SHMA and any subsequent updates or other relevant and recent information. IV. The affordable homes should be incorporated within the development but where justified, a financial contribution of at least equal value may be accepted to provide affordable homes elsewhere or to re-use or improve the existing housing stock. V. Planning applications which include proposals for affordable housing must ensure that there are secure and practical arrangements to retain the benefits of affordability for initial and subsequent owners and occupiers, such as the involvement of a registered provider and where appropriate by the use of conditions or planning obligations. VI. The affordable housing provision should be indistinguishable from market housing in terms of achieving the same high quality of design. VII. Permission will be granted for affordable housing on exception sites where policies to protect the countryside would normally preclude planning permission being granted provided that: a. The site is either within, or well related to, a settlement not included in Tiers 1 to 3 of the Settlement Hierarchy, and the scale of proposed schemes relates to that of the settlement concerned b. There is a proven local need for affordable housing in the particular settlement c. Residential development would reflect the principles of sustainable development including the objective of maintaining or enhancing the vitality of the particular rural community d. There are secure arrangements in place to ensure that the affordable housing units remain affordable in perpetuity, where appropriate e. There are secure arrangements in place to ensure that the affordable housing units are offered to local people (defined as current residents or those who have an existing family or employment connection) in the first instance, and f. The proposal complies with other relevant Local Plan policies

Policy HS8

Meeting the Need of Gypsies and Travellers and Travelling Showpeople

I. The Council will adopt a separate Development Plan Document to provide for the accommodation needs of Gypsies and Travellers and Travelling Showpeople, currently identified as seven permanent pitches for Gypsies and Travellers, six transit pitches for Gypsies and Travellers and three Travelling Showpeople plots. The Development Plan Document will be based on an update to the the GTAA 2015, in order to ensure that the future needs of Gypsies and Travellers and Travelling Showpeople are met. Where need is identified the allocation of land to meet those needs will be guided by the criteria set out below (with the exception of criterion II(a) relating to the Green Belt). This Development Plan Document will be submitted to the Secretary of State for examination within one year of the Local Plan being adopted. II. Planning applications for sites to accommodate Gypsies and Travellers and Travelling Showpeople will be assessed in accordance with these criteria: a. The site is not located in the Green Belt b. The development creates no unacceptable environmental, amenity, traffic, safety or other problems c. The development includes adequate landscaping and measures to protect and enhance biodiversity d. Adequate access is available to the site e. The necessary utilities such as electricity, water, gas and drainage are provided, are readily available or satisfactory alternative means of provision can be demonstrated f. The site is located within a reasonable distance of health facilities and schools g. The site would provide a suitable environment for travellers to inhabit with regard to, for example, air quality and noise levels h. The site is not located in Flood Zone 3 and if located in Flood Zone 2 the requirements of the Flood Risk Sequential and Exception Tests are met i. Where required the site offers the opportunity for travellers to live and work on the same site j. Where required opportunities for the grazing of animals such as ponies are provided, and k. The site complies with other relevant Local Plan policies

Policy RT7

Residential Use in Town Centres

I. Residential proposals in designated town centres including the conversion of accommodation above shops and businesses will be encouraged and supported where: a. The predominant retail character of the Primary Shopping Area is not harmed; b. There is no fragmentation of any part of the Primary Shopping Area by creating a significant break in the retail core; c. An active ground floor use is maintained or provided; d. Adequate attenuation of noise measures, the protection of privacy and air quality are provided; e. Any external alterations to the building are in accordance with the relevant Local Plan policies relating to design and materials; f. Adequate access arrangements are available including facilities for the storage of bicycles and refuse; and g. Access to car parking provision is in line with the Council's Car Parking Strategy. II. Where proposals are classed as a change of use, the flood risk sequential and exception tests as detailed in Policy CC2 'Flood Risk Management (Managing Flood Risk in New Development)' do not apply. However, there is still a requirement under the NPPF and PPG to submit an assessment of flood risk which demonstrates that safe access and egress can be achieved.

Policy SD2

Housing Requirement

In order to meet the housing needs of the Borough the Council will seek to make provision to meet the housing requirement of 14,950 net additional dwellings as a minimum over the Plan period (1 April 2018 to 31 March 2033). The anticipated rate of delivery will be as follows: Period 1: 2018/19 – 2025/26 = 500 dwellings per annum Period 2: 2026/27 – 2027/28 = 950 dwellings per annum Period 3: 2028/29 – 2032/33 = 1,810 dwellings per annum

Policy SD6

Allocated Housing Sites

The following sites are allocated to provide land for new housing, and are indicated on the Policies Map. Planning applications will need to address the issues identified in Appendix 1. No other principal use will be permitted on allocated housing sites.

Infrastructure

IM8

Piecemeal Development

Planning permission will not be granted for piecemeal development of land which would prejudice the development of a larger area of land for an appropriate beneficial use as indicated on the Policies Map.

IM9

Safeguarding Aerodromes and Technical Sites

Safeguarding areas have been established for Leeds Bradford Airport and the Hameldon Hill Technical Site, and are shown on the Policies Map. Certain applications for development will be the subject of consultation with the operator of the aerodrome or technical site, and restrictions in height, or detailed design of buildings or development (likely to create a bird strike hazard) may be necessary as set out in DfT/ODPM Circular 1/2003 or other replacement Circular as appropriate.

Policy IM10

Developer Contributions

Applications will be permitted where mechanisms are in place to ensure that the impact of the development on infrastructure can be satisfactorily mitigated. In applying this policy regard will be had to the Council's Infrastructure Delivery Plan and any adopted Supplementary Planning Documents.

Policy IM6

Telecommunications and Broadband

I. The Policy does not establish any quantum or spatial distribution of telecommunications development across the Borough. Any telecommunications development proposals coming forward will be appropriately assessed and consider the following matters: a. The siting and design of the equipment will not cause unacceptable harm to the character or appearance of the area (including considerations relating to the South Pennine Moors SPA and SAC) or building on which it is located and will not have an unacceptable effect on the amenity of adjoining residential areas; b. The special character and appearance of all heritage assets are preserved or enhanced; c. The quality or special interest of any environmentally sensitive areas (including considerations relating to the South Pennine Moors SPA and SAC) are not detrimentally or adversely affected; d. It can be demonstrated that the equipment will meet the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines on the limitation of exposure of the general public to electromagnetic fields; e. It has been demonstrated that mast or site sharing is not feasible and that the equipment cannot be sited on an existing building or other appropriate structure that would provide a preferable environmental solution; and f. Consideration has been given to the future demands of network development, including that of other operators. II. All new development will facilitate the provision of high speed broadband where feasible.

Policy IM7

Masterplanning

I. Masterplanning is required for the Garden Suburbs and Mixed-Use allocations. Where specified in Appendix 1, a masterplan will also be required on other housing and employment allocations. II. Where Appendix 1 does not indicate a requirement for a masterplan, the Council will expect the Design and Access Statement to include evidence that the criteria set out under the bullet points in this policy have been considered in preparing the application where applicable. III. For non-allocated sites that may come forward during the Plan period, a requirement for the site to be masterplanned will be assessed on a case-by-case basis. IV. The preparation of masterplans for strategic housing sites should involve relevant stakeholders, including the Council, infrastructure providers, landowners, developers, the local community, service providers and other interested parties. Masterplans should cover the whole of the allocation and be developed in consultation with and endorsed where appropriate by the Council prior to the approval of a planning application for any part of the site. V. In relation to the Garden Suburbs, it is essential that development is brought forward in a high-quality, comprehensive, phased, and coordinated manner. Collaboration and equalisation will need to be informed by a shared design vision that has been prepared transparently. The Council will therefore commission masterplans for the Garden Suburb allocations. The approved masterplans will be adopted through a Supplementary Planning Document. VI. Masterplans are expected to achieve the following (dependent on the scale, type and form of development): a. Demonstrate how

Other

Policy MS7

Land Based Oil and Gas Extraction (Conventional and Unconventional)

I. Proposals for the exploration and appraisal of land based oil and gas resources (including shale gas and natural gas) will be supported where: a. Development takes place at a location where it would have the least environmental impact, following a sequential search to establish there are no other alternative sites which are less environmentally sensitive; b. There will be no significant adverse impacts on the environment and local amenity; c. There will be no significant adverse impact on surface and groundwater bodies; d. All other environmental impacts are mitigated to ensure significant adverse impacts on the local environment and communities are avoided; e. The exploration and appraisal phases are for an agreed length of time; f. The proposal includes details on the restoration and aftercare of the site, in the event planning permission is not granted II. Proposals for the commercial production of oil and gas will be supported where: a. Development takes place at a location where it would have the least environmental impact, following a sequential search to establish there are no other alternative sites which are less environmentally sensitive; b. The applicant has completed and submitted a full appraisal programme for the oil or gas field; c. Appropriate and acceptable methods of transporting the oil and gas from the site, including pipelines, are demonstrated; d. There will be no significant adverse impacts on the environment and local amenity arising from the operation and infrastructure associated with the production phase; e. The proposal includes details on the restoration and aftercare of the site to take place as soon as practicable following the cessation of the extraction.

Policy SD1

Presumption in Favour of Sustainable Development

I. As a means of securing sustainable development the Council will: a. Work pro-actively with applicants in order to find solutions so that applications can be approved wherever possible; b. When considering development proposals, take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework II. Planning applications that accord with the policies in this Local Plan (and, where relevant, with policies in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise. III. Where there are no relevant development plan policies or the policies which are the most important for determining the application are out of date, the Council will grant permission unless: a. The application of policies in the National Planning Policy Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or b. 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.

Policy SD5

Allocated Mixed Use Sites

I. The following sites are allocated to provide land for development of a range of mixed uses, and are indicated on the Policies Map. II. Proposals including a mix of the Use Classes specified will be permitted provided that the proposed development: a. Relates well in scale and character to the locality; and b. Does not create any unacceptable impacts on the environment, amenity, safety, highway, or relevant considerations; and c. Is not piecemeal development that would prejudice the comprehensive development of the site; and d. Is consistent with polices for Retail and Town Centres, and other relevant policies in the Local Plan. III. Proposals to develop a Mixed Use site for a single use, or which include a disproportionately high amount of one particular use will only be permitted in exceptional circumstances. Such applications will need to be justified in terms of their non-suitability for mixed use development, or their contribution to the overall mix of uses in the local area, or their inclusion within a wider regeneration project where added benefits can be justified. IV. Where evidence demonstrates that proposals for development within the specified Appropriate Uses is not viable, consideration will be given to alternative uses provided the proposal maintains a mix of uses (unless exceptional circumstances apply as above) and the proposal complies with the criteria (Part II a-d) listed above. V. Ancillary uses will also be acceptable providing that they are compatible with other proposed uses on site, and adjacent uses in the locality, and proposals must comply with the criteria (Part II, a-d) listed above. VI. Planning applications will need to address the issues identified in Appendix 1.

SD7

Regeneration Action Areas

I. The following sites are designated Regeneration Action Areas and identified on the Policies Map: RAA01 – Land adjacent Mill Royd Street, Brighouse RAA02 – Land off Halifax Road, Todmorden II. The designation identifies each area as a priority for development which must contribute to meeting the objectives of the following: a. Brighouse Vision Masterplan, Brighouse Town Investment Plan, or b. Todmorden Town Investment Plan, and c. Any other regeneration initiatives with the purpose of improving the economic, social and environmental wellbeing of residents, visitors and businesses, current at the time of submission of a planning application. III. A Masterplan for each Regeneration Action Area will be prepared in accordance with the requirements of Policy IM7 'Masterplanning '. IV. Development must include a mix of uses appropriate to the area's location, which is either bordering on, or within the town centre. Such uses could include retail, business, light industry, leisure, hospitality, residential and community. V. Regeneration Action Areas RAA01 and RAA02 are located in areas of high flood risk. Development must have regard to and compliance with Local Plan Policy CC2 'Flood Risk Management (Managing Flood Risk in New Development)', the advice of the Environment Agency (or equivalent agency), the objectives and priorities for flood risk management set out in the Local Flood Risk Management Strategy and the published evidence of local flood risk and its significance as included in Strategic Flood Risk Assessments, Surface Water Management Plans and other recognised sources of flood risk data. VI. Regeneration Action Area RAA01 is located in close proximity to a number of Grade II listed buildings. Regeneration Action Area RAA02 adjoins the boundary of the Todmorden Conservation Area. The Council has a statutory duty under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay "special attention" to "the desirability of preserving or enhancing the character or appearance" of its conservation areas and to ensure that the elements which contribute to the significa

Retail

Policy RT1

Calderdale Retail Hierarchy and Town Centre Uses

I. The vitality and viability of the Borough's retail centres will be maintained and enhanced by directing retail, leisure and other main town centre uses (as defined in the NPPF) in the centres in line with the network and hierarchy identified below: Table 18.1 Calderdale Retail Hierarchy - Centre Tier: Halifax - Strategic Town Centre; Brighouse; Elland; Hebden Bridge; Sowerby Bridge; Todmorden - Town Centres; Hipperholme; King Cross; Mytholmroyd; Queen's Road; Ripponden; West Vale - District Centres; Bailiff Bridge; Boothtown (& Akroydon); Luddenden Foot; Northowram; Ovenden Cross; Queen's Road South; Shelf; Skircoat Green; Walsden (& Bottoms) - Local Centres. II. Planning permission for any development will only be granted if appropriate to the role and function of each centre. Loss of a service or facility that would undermine the role of a centre in accordance with the retail hierarchy will be resisted. Proposals for new development within or adjacent to the Strategic Town Centre should have regard to the Halifax Town Centre Supplementary Planning Document. Non-retail uses in centres will be managed through Policy RT2 Primary Shopping Areas and Shopping Frontages as set out on the Local Plan Policies Map. III. A number of other existing retail locations outside of the defined centres are located around the Borough, including: a. Retail warehouse locations: Halifax Retail Park, Greenmount Retail Park and Crossley Retail Park on Pellon Lane (Halifax); Bailiff Bridge Retail Development, Bradford Road (Brighouse); b. Out of town supermarkets/superstores: ASDA, Thrum Hall Lane (Halifax); Morrisons, Keighley Road (Halifax); and Lidl, Carr House Road (Shelf) c. Local retailing and service provision: see Policy RT4 'Local Retailing and Servicing Provision Outside of Centres' - Local Retailing and Service Provision Outside of Centres. IV. In order to recognise town centres as the heart of their communities, uses for town centre development outside of existing centres will be resisted, unless the proposal is for small scale stand-alone retail or service provision where Policy RT4 'Local Retailing and Servicing Provision Outside of Centres' applies, or unless it can be demonstrated that all relevant tests outlined in current Government guidance can be satisfied. Any proposed new development or expansion, or new out-of-centre retail locations, will be subject to the Sequential Test and Impact Assessment procedures as set out in the following policies.

Policy RT2

Primary Shopping Areas and Shopping Frontages

I. Primary Shopping Areas have been defined within Halifax and the Town Centres to identify these core areas where retail development is concentrated, which will be the focus for main town centres uses. II. The Primary Shopping Area is the retail core where retail uses and other main town centre uses will be the focus. For Halifax and the other Town Centres an individually defined area has been derived, whilst for District Centres and Local Centres this is the full extent of the defined centre boundary. Main town centre use proposals in Primary Shopping Areas will be permitted where: a. An active ground floor use is maintained or provided; and b. A positive contribution is made to the vitality, viability and diversity of the Primary Shopping Area and town centre; and c. Retail floorspace is not lost which would be harmful to the function of the centre. III. Outside of the Primary Shopping Areas, but within defined centres, all main town centre use proposals will be considered acceptable in principle. IV. In order to retain the vitality and viability of the Borough's centres, proposals requiring planning permission for street level frontage alterations will be permitted where: a. The character of the centre is not harmed, and the proposal would complement the neighbouring uses within the centre; b. An active frontage is provided at ground floor level to improve design and layout and attractiveness of the centre; and c. Proposals will retain and repair historic frontages or, where there are none, improve frontage design.

Policy RT3

Sequential Test and Impact Assessments

I. Where proposals come forward for main town centre uses which are not in an existing defined centre boundary, a Sequential Test will be required. This test requires that all main town centre uses be located firstly in defined centres, then edge-of-centre locations, and only if suitable sites are not available should out-of-centre sites be considered. When considering edge-of-centre and out-of-centre proposals, preference will be given to accessible sites that are well-connected to a defined centre. Applicants will have to provide evidence that there are no reasonable prospects of the proposed development being accommodated on an alternative town centre site(s), demonstrating a reasonable degree of flexibility about the scale, format and design of the development and the provision of car parking. II. "Edge-of-centre" and "Out-of-centre" are defined in Annex 2 of the NPPF. III. Where planning permission is required, proposals for retail and leisure development outside of a defined centre will have to demonstrate that there would not be significant adverse impact on the delivery of existing, committed, and planned public and private investment or on the vitality and viability of any existing centre. IV. Retail and leisure development located outside of a defined centre will be subject to an impact assessment if they exceed the following floorspace thresholds: Table 18.2 Impact Assessment Thresholds on New Gross Floorspace Proposals (sq m gross) Centre 2,500 (NPPF default) Halifax 1,750 Elland, Sowerby Bridge and Todmorden 1,500 Brighouse and Hebden Bridge 500 King Cross, Mytholmroyd and Ripponden 250 Hipperholme, Queen's Road, West Vale V. In consultation with the Council, the assessment should consider the following criteria on all centres located within the anticipated catchment area of the new development: a. All relevant impacts set out in national planning policy b. Likely effects of development on any town centre strategy c. Whether the proposal is of an appropriate scale in relation to the size, role and character of the settlement or intended catchment area d. The cumulative impact of the proposal and other similar outstanding permissions or recent completions e. Where the catchment area of the proposed development includes a Calderdale markets location, the specific predicted impact on market trading VI. For major development the above impacts should be assessed as applicable to the scale and nature of the scheme. VII. All applications to existing retail and leisure premises and applications to vary the range of goods permitted to be sold from existing floorspace in out-of-centre retail warehouse locations should undertake an impact assessment in line with the thresholds above. VIII. Where any proposal fails to satisfy the sequential test or is likely to have a significant adverse impact on a defined centre, it will be refused.

Policy RT4

Local Retailing and Servicing Provision Outside of Centres

I. Development of small-scale standalone retail or service provision in out-of-centre locations intended to serve local neighbourhoods and communities will be permitted where there is a deficiency in the general area of the proposed development, subject to the following criteria and other relevant Local Plan policies being met: a. The proposal meets all relevant sequential and impact test requirements where a defined centre falls within the catchment area of the proposal b. The proposal is of an appropriate scale and nature to meet the specific local need within the catchment area c. If the proposal is located within 750m walking distance of a defined centre, accessibility to the proposal on foot is no easier than that to the defined centre from residential areas between the proposal and the centre d. The applicant is able to demonstrate that there is no cumulative impact with other stores in the vicinity on any defined centre, and e. The proposal is to develop or modernise an existing store to help secure its future II. Areas of local retailing and service provision providing an important service to the local area will, wherever possible, be protected in line with Policy HW4 'Safeguarding Community Facilities and Services' – Safeguarding Community Facilities and Services.

Policy RT5

General Town Centre Principles

I. New development in town centres will, through its design and construction, address and aim to improve the following: a. Attraction - Increase the attraction of the centre to the local community, visitors and/or business, considering how the application will help to create a diverse range of uses in the centre, including local independent shops; b. Accessibility - Improve accessibility from/to the centre and within it, and maximise ease of travel for all users. Proposals should seek to increase physical activity where possible and to contribute a positive health impact. The Council will support proposals in line with the Local Transport Plan; and c. Amenity - Enhance the amenity value of the area/local environment and make a positive contribution to distinctiveness and a unique sense of place in any proposal. This should include consideration of the scheme design, and safety and security of all potential visitors and users. II. Development proposals should also reflect the key principles of Policy BT1 'High Quality Inclusive Design' and other policies in the Built Environment chapter.

Transport

Policy BT4

The Design and Layout of Highways and Accesses

The design and layout of highways and accesses should: a. Ensure the safe and free flow of traffic (including provision for cyclists) in the interest of highway safety; b. Allow access by emergency, refuse and service vehicles and, where appropriate, public transport vehicles; c. Provide convenient and safe pedestrian routes and connectivity within the site and with its surroundings; d. Take account of the hierarchy of road users; and e. Incorporate traffic calming, and speed management and reduction measures where appropriate (including generally providing standards for 20mph speed limits); f. Provide an attractive environment which respects the local character of the area; and g. Help to reduce opportunities for crime.

Policy IM1

Strategic Transport Interventions

I. The following strategic transport infrastructure interventions are expected to be delivered through the Plan period: a. A629 Corridor (M62 to Halifax, including Halifax town centre) b. A641 Corridor / Brighouse Area Schemes c. Cooper Bridge / A644 Highway Scheme (Kirklees led) d. A646 / A6033 e. A58 / A672 Corridor (West of Halifax) f. M62 Junctions 20 (Rochdale) to 25 (Brighouse) Smart Motorway g. Calder Valley railway electrification h. Calder Valley railway improvements (track and service infrastructure) i. Elland Station j. Elland Access Package k. Halifax Station Gateway l. West Vale and Ainley Top Improvements m. Rochdale Canal Towpath Improvements n. Ryburn Valley Cycleway o. Hebble Trail Extension p. M62 Junction 26 Capacity Improvement q. Urban Traffic Control system upgrade r. Halifax Bus Station s. West Halifax Bus Improvements t. North Halifax Walking and Cycling (Transforming Cities Fund) u. Park Ward Streets for People v. Hebden Bridge station car park extension w. Mytholmroyd station car park extension x. Integrated Ticketing Programme y. Bradley to Brighouse Cycle Route II. Potential interventions: a. A58 / A6036 Corridor (East of Halifax) b. A629 (Halifax to Bradford boundary) c. Hipperholme Station d. North Halifax Greenway e. High Speed 2 f. Northern Powerhouse Rail g. Mass Transit Vision (West Yorkshire Combined Authority) h. M62 Junction 23 – signalisation of roundabout i. M62 Junction 24 – additional lane on entry to Ainley Top roundabout from J24 III. It is likely that many among the schemes listed above will come forward to delivery across the life of the plan. All are considered priorities by the Council. IV. Favourable consideration will be given to applications that support the delivery of these schemes.

Policy IM2

Transport Investment Decisions

I. Investment decisions across the local highway network, Calder Valley Line and canal towpath networks should consider the following objectives: a. Unlocking economic development potential; b. Minimising congestion and improving journey times; c. Improving opportunities for walking/cycling and use of public transport; d. Managing travel demand; e. Reducing casualties; f. Improving air quality; g. Contribution to reducing carbon emissions; h. Improving social inclusion. II. Applications for transport investment will be considered favourably where a balanced approach to meeting this list of important yet potentially competing objectives is struck.

Policy IM3

Safeguarding Transport Investment

I. Where necessary, land will be safeguarded to ensure the transport schemes can be successfully implemented, in particular: Safeguarding Along the A629 Corridor II. Planning permission will not be granted for development that would prejudice the construction of the A629 transport scheme(s). Safeguarding Along the A641 Corridor III. The A641 Corridor between Huddersfield and Bradford is being considered for interventions to improve the highway and transport services through the West Yorkshire+Transport Fund. Applicants and decision-takers should be aware of the potential schemes and seek to ensure that proposals take into account the latest published information about the proposed scheme. Where there are uncertainties or concerns about the relationship between a proposed development and the transport corridor scheme, permission is likely to be refused, or conditions placed upon any approval to ensure that the scheme is not prejudiced. Safeguarding in the Corridor Improvement Programme (CIP) Area IV. CIP is designed to bring a series of schemes to the environment of the A646/A6033 and A58/A672 highway corridors as well as in the environs of some of the key settlements along these routes. Planning permission will not be granted for development that would prejudice the construction of the CIP transport scheme(s). Safeguarding the Cooper Bridge / A644 / Bradley Link V. Whilst this scheme is predominantly in Kirklees, a critical section on the A644 is in Calderdale. Planning permission will not be granted for development that would prejudice the construction of the Cooper Bridge / A644 / Bradley Link transport scheme(s). Safeguarding Rail Development Schemes VI. There are a number of rail related schemes at various stages of development and proximity to Local Plan decision making. These scheme types and their relationship to the necessities of safeguarding within this Policy IM3 are set out in their approximate order of importance and relation to the Local Plan below: a. New station development - where an entirely new station is planned for development and the land it and related facilities will occupy is required to be safeguarded; b. Station redevelopment - where land relating to the improvement of station facilities (e.g. station buildings, parking, access arrangements, and platforms) is required to be safeguarded; c. Rail infrastructure improvements - relating to route improvements. Safeguarding the Elland Access Package Scheme VII. In association with other transport improvements planned for the Elland area a number of walking and cycling specific improvements are in development. Planning permission will not be granted for development that would prejudice the construction of the Elland Access Package scheme. Safeguarding for Urban Traffic Management Control (UTMC) System Upgrades VIII. Whilst improvements to UTMC are often on highway land controlled by the Council there are some instances where the necessities of upgrading this system require use of private land. Therefore, as the UTMC upgrade plan emerges applicants and decision-takers should be aware of the potential schemes and seek to ensure that proposals take into account the latest published information about the proposed scheme. Where there are uncertainties or concerns about the relationship between a proposed development and the transport corridor scheme, permission is likely to be refused, or conditions placed upon any approval to ensure that the scheme is not prejudiced. Safeguarding the Local Cycling and Walking Infrastructure Plan (LCWIP) IX. Calderdale Council is in the process of developing the LCWIP to identify the walking and cycling infrastructure development priorities for the Borough. Applicants and decision-takers should be aware of the potential schemes and seek to ensure that proposals take into account the latest published information about the proposed scheme. Where there are uncertainties or concerns about the relationship between a proposed development and the transport corridor scheme, permission is likely to be refused, or conditions placed upon any approval to ensure that the delivery of any identified scheme is not prejudiced. (Note that the priorities to emerge from this process are a separate safeguarding requirement of the Local Plan from the NPPF defined direction for the protection and enhancement of Rights of Way). Safeguarding Disused Railway Lines X. Development on the sites of former railway lines, shown on the Policies Map will not be supported if it would: a. Prejudice the creation of appropriate rights of way; b. Prejudice the ability to keep the integrity of a linear route, including potential reinstatement of a railway line; c. Harm the functioning of the land as a part of a biodiversity network or linear open space. Safeguarding for Mass Transit XI. Calderdale Council is working in partnership with the West Yorkshire Combined Authority on the development of a new mass transit system to serve the region. Mass Transit includes solutions such as trams, tram/train, very light rail vehicles and bus rapid transit vehicles. The technology in this market is constantly evolving, essentially providing a public transport option with capacity greater than buses, but less than heavy rail. XII. In the coming years, the routes of and phasing of that network will be established and the need for routes to be protected will emerge. Calderdale is likely to be in the later phasing of that network and as such it will be important to ensure that both route protection and the need to avoid planning blight are carefully balanced in the development of an appropriate route protection strategy. The Combined Authority is currently undertaking engagement on the West Yorkshire Mass Transit Vision 2040, which sets out the ambition for the region, and those key places to connect by Mass Transit within Calderdale.

Policy IM4

Sustainable Travel

I. Decision makers will aim to reduce travel demand, traffic growth and congestion through the promotion of sustainable development and travel modes. This will be achieved by a range of mechanisms that mitigate the impacts of car use and promote the use of other forms of transport with lower environmental impacts. II. The requirement to include mechanisms to promote sustainable travel in development proposals will depend on the scale, type and form of development proposed and will be assessed on a case-by-case basis. Mechanisms could include: a. Effective management of the existing road, rail and waterways network to address congestion; b. The rolling out of 20mph zones across the Borough; c. Reallocation of road space to support movement by travel modes other than the private car; d. Managing demand through the implementation of the Council's parking and transport strategy; e. Managing demand so as to reduce the need to travel through, for example, measures to encourage home working; f. Enhancement and expansion of the footpath, bridleways and cycle networks within Calderdale and the continued creation of links with neighbouring authorities; g. Measures to encourage and facilitate cycle usage such as provision of adequate space in homes and garages for cycle storage and provision of facilities at employment sites for secure cycle storage, showers and locker space; h. Improved access and facilities for rail users including enhanced public transport interchange and parking provision at stations; i. Improved access and facilities for bus users including the provision of new bus stops, shelters and real time information; j. Provision of electric vehicle charging points in line with Part S of the Building Regulations and any subsequent updates; k. Provision of park and ride facilities will be appropriate where this supports the use of public transport and/or reduces congestion; l. Provision of car club facilities; m. All new developments which are likely to generate significant levels of traffic generation will be required to provide a travel plan highlighting how they will minimise use of the private car. III. Applications which demonstrate a commitment to the principle of sustainable travel and implement the specific types of intervention set out in this policy will be viewed favourably. Applications relating to the Garden Suburbs and those that require the development of a masterplan will be expected to demonstrate this commitment.

Policy IM5

Ensuring Development Supports Sustainable Travel

All new development will be required to comply with the following: Public Transport Accessibility I. Proposals will take account of the public transport network and ideally: a. Be located where public transport services gives at least a 30 minute direct day time service to Halifax and/or Brighouse town centres or higher order centres outside Calderdale (such as Bradford, Huddersfield, Rochdale, Burnley, Dewsbury or Leeds) which is accessed from a bus stop within 400m walking distance or a railway station that is up to 750m walking distance away; b. Provide scope and scale of development which would support new public transport services to directly link the development to Halifax and/or Brighouse or equivalent higher order settlement outside of Calderdale. Mobility and Accessibility II. Proposals should provide adequate means for those with disabilities and mobility impairments to access all modes of transport as noted in the National Planning Policy Framework. This would include access provision into and within the built form as well as in the provision of highway facilities, in particular pavements, to a quality acceptable for all users. Car Parking III. New development should manage the travel demand generated through the appropriate application of parking provision not in excess of that demonstrated to meet the anticipated needs of the development. The Council's Parking Standards contained in Annex 1 are provided as guidance to developers in considering the level of parking to seek. In addition: a. In determining the appropriate level of parking for any given development, consideration will be given to the accessibility of the site, the type, mix and use of development, opportunities to use alternative modes of transport and relevant parking or traffic management strategies; b. Parking for those with physical disabilities will be for 1 disabled space per 10 spaces provided and this shall be in addition to the maximum allowances indicated in Annex 1 'Car & Bicycle Parking Standards'. Cycle Parking IV. New development should provide adequate cycle parking to a quantity as specified in the Council's Parking Standards contained in Annex 1 'Car & Bicycle Parking Standards'. Hierarchy of Road Users V. All development proposals will take account of the hierarchy of road users and consider how the proposed development will support modal choice and facilitate reductions in carbon emissions. The hierarchy of road users is: a. Pedestrians, people with disabilities and emergency services; b. Cyclists and horse riders; c. Public transport passengers including taxis and private hire; d. Motorcyclists; e. Freight movements including deliveries to local areas; f. Private cars. Transport Assessments VI. Development that is likely to generate a significant amount of movement will require the submission of a transport statement or a transport assessment, and a travel plan, depending on the scale of development and its location. These should address the requirements of the NPPF and the advice of the Planning Practice Guidance (PPG) or the latest policy statements and requirements set at a national level, or as established by local guidance. Consultations with the Council's Highways Department will ensure that applicants are aware of the specific information required. Strategic Road Network VII. Developments that have the potential for a significant impact on the Strategic Road Network and its related junctions will be required to make provision for measures that will reduce and mitigate that impact. A transport assessment will need to demonstrate that any committed schemes are sufficient to deal with the additional demand generated by the site. Where committed schemes will not provide sufficient capacity or where National Highways does not have committed investment, development may need to contribute to additional schemes identified by National Highways and included in the Infrastructure Delivery Plan (IDP) or other appropriate schemes. If development is dependent upon construction of a committed scheme, then development will need to be phased to take place following scheme opening.

CIL charging schedule

Calderdale has not adopted a CIL charging schedule.

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