Planning in County Durham

Sites for Travellers

Proposals for new Traveller and Travelling Showpeople sites or extensions to existing sites will be permitted provided that: a. the site is within an existing settlement or is immediately adjacent to a settlement providing employment, schools, medical facilities, public transport and other local services; b. the site is within short and safe walking distance of services and facilities or a public transport route; c. the development is sympathetic to the scale of any adjoining settlement; d. the scale or location of the development will not detract from the amenity or living conditions of local residents or occupants of the site; e. the development can be integrated into the landscape and reflects the character of the surrounding area; and f. the site has been comprehensively planned to meet statutory licensing requirements for caravan sites and takes into account the needs of the households that are to occupy it and any impacts on neighbouring residents' amenity, including screening between plots, storage, circulation, parking and any employment uses proposed. Temporary 'stop-over' areas related to common travelling routes will be permitted where their impact is reasonable when weighed against short term use. If temporary sites are needed to enable existing sites to be refurbished, nearby locations will be considered in the first instance and permission granted on a temporary basis.

Children's Homes

In order to promote the creation of sustainable, inclusive and mixed communities, applications for children's care homes, will only be permitted where: a. the applicant is able to demonstrate that the development will address any gaps in service provision to the satisfaction of the Local Planning Authority; b. sites offer a positive and safe environment for the occupants of the premises ensuring that there is appropriate access to local services and community facilities; c. the size/scale of the children's home will allow the occupants to be appropriately matched with regard for each child's welfare and taking into account their individual circumstances; d. the occupants would not be placed at risk having regard to the latest crime and safety statistics in the area and that this has been agreed in advance with Durham Constabulary, the council's Children and Young People's Services and other appropriate agencies; e. it is unlikely to cause unacceptable individual or cumulative impact on residential amenity, fear of crime or community cohesion; f. appropriate measures will be in place to ensure access for emergency vehicles and safety measures such as fire escapes; and g. satisfactory outside space, highway access, parking and servicing can be achieved. In all instances, a planning application must be supported by information regarding the management of the residential home, together with an assessment to ensure that necessary safeguards are put in place to ensure the welfare of the children. This will include consideration of any crime or safety concerns in the area, in consultation with Durham Constabulary, Children and Young People's Services and any other appropriate agencies.

Sustainable Design

All development proposals will be required to achieve well designed buildings and places having regard to supplementary planning documents and other local guidance documents where relevant, and: a. contribute positively to an area's character, identity, heritage significance, townscape and landscape features, helping to create and reinforce locally distinctive and sustainable communities; b. create buildings and spaces that are adaptable to changing social, technological, economic and environmental conditions and include appropriate and proportionate measures to reduce vulnerability, increase resilience and ensure public safety and security; c. minimise greenhouse gas emissions, by seeking to achieve zero carbon buildings and providing renewable and low carbon energy generation, and include connections to an existing or approved district energy scheme where viable opportunities exist. Where connection to the gas network is not viable, development should utilise renewable and low carbon technologies as the main heating source; d. minimise the use of non-renewable and unsustainable resources, including energy, water and materials, during both construction and use by encouraging waste reduction and appropriate reuse and recycling of materials, including appropriate storage space and segregation facilities for recyclable and non-recyclable waste and prioritising the use of local materials; e. provide high standards of amenity and privacy, and minimise the impact of development upon the occupants of existing adjacent and nearby properties; and f. contribute towards healthy neighbourhoods and consider the health impacts of development and the needs of existing and future users, including those with dementia and other sensory or mobility impairments. Landscape proposals should: g. respond creatively to topography and to existing features of landscape or heritage interest and wildlife habitats; h. respect and where appropriate take opportunities to create attractive views of and from the site; i. reflect in the detailed design any features characteristic of the locality such as boundaries, paving materials and plant species; j. create opportunities for wildlife including though the use of locally native species; k. make appropriate provision for maintenance and long term management; and l. in the case of edge of settlement development, provide for an appropriate level of structural landscaping to screen or assimilate the development into its surroundings and provide an attractive new settlement boundary. Places and Spaces Major development proposals and those which affect, or add to, the public realm should: m. create a well-defined, easily navigable and accessible network of streets and spaces which respond appropriately to local context, to ensure that: 1. the public realm, including new roads, paths and other rights of way, open spaces, hard and soft landscaping, boundary features and other structures, are designed to be functional, well-managed safe and durable, taking into account the lifetime needs of its users; 2. convenient access is provided for all users whilst prioritising the needs of pedestrians, cyclists, public transport users, people with a range of disabilities, and, emergency and service vehicles; 3. connections are made to existing cycle and pedestrian networks; 4. the public realm benefits, where possible, from natural surveillance; 5. amenity open space is designed with regard to the local micro-climate including sunlight, shade and shelter; and 6. private and communal amenity space is well-defined, defensible and appropriate in its design, size and location to the needs of its users. Buildings All new residential development will be required to comply with the Nationally Described Space Standards (NDSS). In order to allow for an appropriate transition period, the NDSS will only be applied to outline or full applications approved one year after the Plan is adopted. In addition all major new residential development will be required to: n. when assessed against the Building for Life Supplementary Planning Document secure as many greens as possible, whilst minimising the number of ambers. Schemes with one or more red will not be acceptable and will be refused planning permission unless there are significant overriding reasons; o. achieve reductions in CO2 emissions of 10% below the Dwelling Emission Rate (DER) against the Target Emission Rate (TER) based on current Building Regulations. The policy would not apply in the event that the relevant Building Regulations were enhanced; and p. be built to at least 30 dwellings per hectare (dph) net in and around town centres and locations where there is good access to facilities and frequent public transport services. Lower densities may be acceptable in other locations or where it is necessary to: 1. ensure good design and development that is compatible with its surroundings and character; 2. secure particular house types to meet local needs; and, 3. meet infrastructure requirements. All major new non-residential development will be required to achieve Building Research Establishment Environmental Assessment Method (BREEAM) minimum rating of 'very good' (or any future national equivalent). Extensions and Alterations Proposals for alterations and extensions to residential property, and development associated with the incidental enjoyment of a dwelling, should ensure the development is sympathetic to the existing building(s) and the character and appearance of the area in terms of design, scale, layout, roof design and materials. Signage, Adverts, Street Furniture and Public Art Proposals should ensure: q. street furniture, public art, adverts and signage are appropriate and sympathetic to all users and the local setting in terms of scale, design, lighting and materials, and r. adverts are not detrimental to visual amenity or public highway safety.

Aykley Heads

In order to provide a high quality employment location to contribute to the delivery of the new and better jobs which Durham City and County Durham need, land at Aykley Heads, as shown on the policies map, is allocated as a Strategic Employment Site. The development of this site will have regard to the provision and timing of the infrastructure necessary to support it. The development of the site will reflect the following principles of development: Employment a. deliver approximately 48,698 sqm of new high quality, flexible office (use class B1a) floorspace on 9 hectares of land to attract national and international employers; and b. an area of 1.0 hectare, currently occupied by the County Hall car park, will be released from the Green Belt in order to provide office floorspace, providing a key gateway frontage into the site. In this area and in any areas bordering the green belt which are developed or redeveloped, the layout and design of development and associated landscaping will provide for the retention or creation of readily recognisable and permanent features delineating the boundary of the Green Belt. Green Infrastructure c. incorporate an interconnected network of good-quality, multi functional green infrastructure including an adequate supply of different types of open space. An appropriate and enhanced landscape structure with clearly defined boundaries will also be developed; d. set the new office development within a strong landscape framework which capitalises on the site's natural landscape features, provides integration with the surrounding landscape, preserves and enhances wildlife potential and embraces environmental standards; e. to provide compensatory improvements for the loss of Green Belt, the land to the east of the site will be enhanced to provide a high quality parkland as an integral part of the site's development, retaining its openness and providing an attractive, safe enhanced network of multi-user routes, enhancing the opportunity for tree planting and habitat creation; f. provide enhanced green routes running through the new park to provide attractive and safe routes linking this area to the northern entrance of Durham Railway Station and Wharton Park and residential areas to the north of the site; and g. the development of Aykley Heads will require a financial contribution to facilitate playing field re-provision in the catchment area. Sustainable Design h. deliver attractive, well designed places incorporating sustainable development principles and adopting sustainable construction methods; i. have special regard to views and the significance of the Durham Castle and Cathedral World Heritage Site and the Durham City Conservation Area; j. a water drainage management plan, incorporating SuDS, will be required. It will consider wider opportunities for improvement of local water quality. Any SuDS developed should be designed to incorporate wetland habitats; k. enhance the entrance to the site from Durham Railway Station and provide good quality pedestrian and cycle links from the station into the site; and l. create a new high quality gateway entrance fronting onto the A691/B6532. Transport m. bus, pedestrian and cycle routes must be incorporated within, and connecting to the city centre and other adjoining facilities. A Transport Assessment and Travel Plan will also be required to ensure that reliance on the private car is reduced; and n. encourage the use of Park and Ride schemes and other forms of sustainable transport and limit the provision of car parking in accordance with Policy 21 (Delivering Sustainable Transport).

Renewable and Low Carbon Energy

Renewable and low carbon energy development in appropriate locations will be supported. In determining planning applications for such projects significant weight will be given to the achievement of wider social, environmental and economic benefits. Proposals should include details of associated developments including access roads, transmission lines, pylons and other ancillary buildings. Where relevant, planning applications will also need to include a satisfactory scheme to restore the site to a quality of at least its original condition once operations have ceased. Where necessary, this will be secured by bond, legal agreement or condition.

Wind Turbine Development

Wind turbine development will only be permitted in the areas identified as suitable for development on the policies map and where the applicant is able to demonstrate that, following consultation, those planning-related impacts identified by any affected local communities have been fully addressed and that the proposal has their backing. In those circumstances, planning permission will be granted unless: a. there would be unacceptable harm, individually or cumulatively, to the amenity of local communities or nearby residents, due to noise, traffic or visual intrusion; b. in respect of the visual amenity of individual residential properties, any proposed turbine would be located at a distance of less than 6 times its overall height of the property, unless it can be demonstrated that it would not be overbearing; c. in respect of shadow flicker, any proposed turbine would be located at a distance of less than 10 times its rotor diameter from a susceptible dwelling house, community facility or workplace, unless it can be demonstrated that shadow flicker would not occur, or would be prevented from occurring; d. there would be unacceptable harm individually or cumulatively to priority habitats or species; e. there would be unacceptable harm individually or cumulatively to the character of the landscape; f. there would be any adverse impacts on radar and other aviation and navigation systems which are not capable of being acceptably mitigated; g. there would be an unacceptable adverse impact on TV reception, communications links or telecommunications systems which is not capable of being acceptably mitigated; h. there would be unacceptable harm either individually or cumulatively to the significance of a heritage asset or its setting; or i. any proposed wind turbine would be located within topple distance plus 50 metres or its height x1.5 (whichever is the lesser) of a motorway, trunk road or railway line or topple distance plus 10% of an A, B or C class road, or if its blades would over-sweep a public right of way. Neighbourhood Plans In addition to the areas identified in this Plan, permission will be granted for wind turbine development where it is in an area clearly identified as suitable for such development in a neighbourhood plan, and the development meets the other provisions of this policy. Support will also be given to community-led initiatives for renewable and low carbon energy, including developments outside areas identified in the development plan or other strategic policies that are being taken forward through neighbourhood planning. Extensions and Alterations to Existing Wind Turbine Development Extensions to existing wind farms will be supported provided that the proposals are in keeping with the character of existing development and meet the provisions of criteria (a) to (i). Proposals to re-commission existing wind turbines or to re-power wind developments, replacing existing turbines with newer and/or larger turbines, will be supported provided that the development meets the other provisions of this policy, taking full account of the effects of the extended timescale.

Development in the Countryside

Development in the countryside will not be permitted unless allowed for by specific policies in the Plan, relevant policies within an adopted neighbourhood plan relating to the application site or where the proposal relates to one or more of the following exceptions: Economic Development Development necessary to support: a. an existing agricultural or other existing rural land-based enterprise or associated farm diversification scheme, including the provision of new or the extension of existing building(s), structures or hard standings required for the functioning of the enterprise; b. the expansion of an existing business falling beyond the scope of a rural land based enterprise, where it can be clearly demonstrated that it is, or has the prospect of being, financially sound and will remain so; c. the establishment of a new agricultural or other rural land based enterprise which clearly demonstrates an essential and functional need for that specific location and where it can be clearly demonstrated that it has the prospect of being financially sound and will remain so; or d. the undertaking of non-commercial agricultural activity which is located within or directly adjoining the applicant's existing residential curtilage which is of a scale commensurate to the incidental enjoyment of that existing dwelling. In all instances the resulting development must be of a design, construction and scale which is suitable for and commensurate to the intended use. In respect to (a), (b) and (c) any resulting building(s), other structure(s) and hard standing(s) must be well related to the associated farmstead or business premises unless a clear need to ensure the effective functioning of the business for an alternative location can be demonstrated by the applicant. Infrastructure Development Development necessary to support: e. essential infrastructure where the need can be demonstrated for that location; f. the provision of new, or the enhancement of, existing community facilities; or g. development of a new, or the enhancement of, an existing countryside based recreation or leisure activity which will improve access to the countryside for all in terms of walking, cycling, horse riding and sailing without giving rise to adverse environmental impacts. Development of Existing Buildings Development necessary to support: h. the change of use of an existing building or structure which: 1. already makes a positive contribution to the character and appearance of the area and is capable of conversion without complete or substantial rebuilding, disproportionate extension or unsympathetic alterations; 2. results in an enhancement of the building's immediate setting; 3. does not result in the unjustified loss of a community service or facility; and 4. in the case of a heritage asset, represents the optimal viable use of that asset consistent with their conservation. i. the intensification of a use through subdivision; j. the replacement of an existing dwelling in the same location with one of a comparable footprint and mass where this is clearly justified; or k. an extension of an existing dwelling or other householder development within the existing curtilage which is incidental to the enjoyment of the dwelling, including proposals to facilitate home working. General Design Principles for all Development in the Countryside New development in the countryside must accord with all other relevant development plan policies and by virtue of their siting, scale, design and operation must not: l. give rise to unacceptable harm to the heritage, biodiversity, geodiversity, intrinsic character, beauty or tranquillity of the countryside either individually or cumulatively, which cannot be adequately mitigated or compensated for; m. result in the merging or coalescence of neighbouring settlements; n. contribute to ribbon development; o. impact adversely upon the setting, townscape qualities, including important vistas, or form of a settlement which cannot be adequately mitigated or compensated for; p. be solely reliant upon, or in the case of an existing use, significantly intensify accessibility by unsustainable modes of transport. New development in countryside locations that is not well served by public transport must exploit any opportunities to make a location more sustainable including improving the scope for access on foot, by cycle or by public transport; q. be prejudicial to highway, water or railway safety; and r. impact adversely upon residential or general amenity.

Equestrian Development

Equestrian development will be considered an appropriate countryside use and will be permitted where the following criteria are met: a. stables are of an appropriate size, design and construction for their intended use and the number of stables reflect the amount of grazing land available; b. the proposal involves the appropriate conversion of existing buildings or, where proposals involve new permanent buildings, these are located as part of, or close to, an existing famstead or other building grouping; c. the proposal would not, by virtue of their siting, design, scale, materials or layout, lighting or through the inappropriate intensification of existing bridleways, routes and land, unacceptably affect the character, heritage or nature conservation value or the locality, either individually or cumulatively with other development; d. the proposals provide appropriate measures for screening buildings, hard standings, arenas and storage areas with trees or hedges; e. the proposal is supported by details of appropriate waste storage, management, end disposal and surface and ground water drainage; f. the proposal would not adversely impact on the general amenity of neighbouring properties and the wider area; and g. safe and suitable access can be achieved, and in the case of commercial establishments are located close to existing bridleways or other routes suitable for trekking or hacking out where this forms part of the business. New equestrian development in the Green Belt will normally be regarded as inappropriate development. Where the proposal involves limited infilling relating to an existing use, small scale stables will be permitted where they do not harm the openness of the Green Belt or conflict with the purposes for which the land was included in the Green Belt. In all cases, applicants will be expected to demonstrate adequate provision for the proper care of horses, including stabling, grazing and exercise, in accordance with the Equine Industry Welfare Guidelines and the British Horse Society Standards. Equestrian development commercial establishments need to be located sufficiently close to existing residential accommodation to allow for appropriate levels of supervision. Proposals for a residential use associated with the equestrian development will be determined against Policy 12 (Permanent Rural Workers' Dwellings).

Best and Most Versatile Agricultural Land and Soil Resources

Agricultural Land Development of the best and most versatile agricultural land, will be permitted where it is demonstrated that the benefits of the development outweigh the harm, taking into account economic and other benefits. Where mineral working is proposed on best and most versatile agricultural land, proposals should seek where practicable to minimise its loss and retain its longer term capability unless the benefits of alternative restoration strategies outweigh its loss. Soil All development proposals relating to previously undeveloped land must demonstrate that soil resources will be managed and conserved in a viable condition and used sustainably in line with accepted best practice.

Green Belt

Development proposals within the Green Belt will be determined in accordance with national planning policy.

Green Infrastructure

Development will be expected to maintain and protect, and where appropriate improve, the county's green infrastructure network. This will in turn help to protect and enhance the county's natural capital and ecosystem services. Development proposals should incorporate appropriate Green Infrastructure (GI) that is integrated into the wider network, which maintains and improves biodiversity, landscape character, increases opportunities for healthy living and contributes to healthy ecosystems and climate change objectives. Loss of provision Development proposals will not be permitted that would result in the loss of open space or harm to green infrastructure assets unless the benefits of the development clearly outweigh that loss or harm and an assessment has been undertaken which has clearly shown the open space or land to be surplus to requirements. Where valued open spaces or assets are affected, proposals must incorporate suitable mitigation and make appropriate provision of equivalent or greater value in a suitable location. Where appropriate there will be engagement with the local community. New provision Development proposals should provide for new green infrastructure both within and, where appropriate, off-site, having regard to priorities identified in the Strategic GI Framework. Proposals should take opportunities to contribute to existing green infrastructure projects in the locality including those identified in the Infrastructure Delivery Plan. New Green Infrastructure will be required to be appropriate to its context and of robust and practical design, with provision for its long term management and maintenance secured. The council expects the delivery of new green space to make a contribution towards achieving the net gains in biodiversity and coherent ecological networks as required by the National Planning Policy Framework (NPPF). Proposals for new residential development will be required to make provision for open space to meet the needs of future residents having regard to the standards of open space provision set out in the Open Space Needs Assessment (OSNA). Where it is determined that on-site provision is not appropriate, the council will require financial contributions secured through planning obligations towards the provision of new open space, or the improvement of existing open space elsewhere in the locality. Public Rights of Way Development will be expected to maintain or improve the permeability of the built environment and access to the countryside for pedestrians, cyclists and horse riders. Proposals that would result in the loss of, or deterioration in the quality of, existing Public Rights of Way (PROWs) will not be permitted unless equivalent alternative provision of a suitable standard is made. Where diversions are required, new routes should be direct, convenient and attractive, and must not have a detrimental impact on environmental or heritage assets.

Amenity and Pollution

Development will be permitted where it can be demonstrated that there will be no unacceptable impact, either individually or cumulatively, on health, living or working conditions or the natural environment and that can be integrated effectively with any existing business and community facilities. The proposal will also need to demonstrate that future occupiers of the proposed development will have acceptable living and/or working conditions. Proposals which will have an unacceptable impact such as through overlooking, visual intrusion, visual dominance or loss of light, noise or privacy will not be permitted unless satisfactory mitigation measures can be demonstrated whilst ensuring that any existing business and/or community facilities do not have any unreasonable restrictions placed upon them as a result. Development which has the potential to lead to, or be affected by, unacceptable levels of air quality, inappropriate odours, noise and vibration or other sources of pollution, either individually or cumulatively, will not be permitted including where any identified mitigation cannot reduce the impact on the environment, amenity of people or human health to an acceptable level. Development which does not minimise light pollution and demonstrate that the lighting proposed is the minimum necessary for functional or security purposes will not be permitted. Sensitive development (such as housing, schools and hospitals) will not be permitted near to an existing or potentially polluting development including waste water and sewage treatment facilities. Potentially polluting development will not be permitted near to sensitive uses unless satisfactory mitigation can be demonstrated.

Despoiled, Degraded, Derelict, Contaminated and Unstable Land

Development will not be permitted unless the developer can demonstrate that: a. any existing despoiled, degraded, derelict, contaminated or unstable land issues can be satisfactorily addressed by appropriate mitigation measures prior to the construction or occupation of the proposed development; b. the site is suitable for the proposed use, and does not result in unacceptable risks which would adversely impact on the environment, human health and the amenity of local communities; and c. all investigations and risk assessments have been undertaken by an appropriately qualified person.

North Pennines Area of Outstanding Natural Beauty

The North Pennines Area of Outstanding Natural Beauty (AONB) will be conserved and enhanced. In making decisions on development great weight will be given to conserving landscape and scenic beauty. Major developments will only be permitted in the AONB in exceptional circumstances and where it can be demonstrated to be in the public interest, in accordance with national policy. Any other development in or affecting the AONB will only be permitted where it is not, individually or cumulatively, harmful to its special qualities or statutory purposes. Any development should be designed and managed to the highest environmental standards and have regard to the conservation priorities and desired outcomes of the North Pennines AONB Management Plan and to the guidance given in the North Pennines AONB Planning Guidelines, the North Pennines AONB Building Design Guide and the North Pennines AONB Moorland Tracks and Access Roads Planning Guidance Note as material considerations.

Landscape

Proposals for new development will be permitted where they would not cause unacceptable harm to the character, quality or distinctiveness of the landscape, or to important features or views. Proposals will be expected to incorporate appropriate measures to mitigate adverse landscape and visual effects. Development affecting Areas of Higher Landscape Value defined on Map H, will only be permitted where it conserves, and where appropriate enhances, the special qualities of the landscape, unless the benefits of development in that location clearly outweigh the harm. Development proposals should have regard to the County Durham Landscape Character Assessment and County Durham Landscape Strategy and contribute, where possible, to the conservation or enhancement of the local landscape.

Trees, Woodlands and Hedges

Trees Proposals for new development will not be permitted that would result in the loss of, or damage to, trees of high landscape, amenity or biodiversity value unless the benefits of the proposal clearly outweigh the harm. Where development would involve the loss of ancient or veteran trees it will be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists. Proposals for new development will be expected to retain existing trees where they can make a positive contribution to the locality or to the development, maintain adequate stand-off distances between them and new land-uses, including root protection areas where necessary, to avoid future conflicts, and integrate them fully into the design having regard to their future management requirements and growth potential. Where trees are lost, suitable replacement planting, including appropriate provision for maintenance and management, will be required within the site or the locality. Where applications are made to carry out works to trees in Conservation Areas or that are covered by a Tree Preservation Order, they will be determined in accordance with the council's Tree Management Policy Document (or any subsequent revisions). Woodlands Proposals for new development will not be permitted that would result in the loss of, or damage to, woodland unless the benefits of the proposal clearly outweigh the impact and suitable replacement woodland planting, either within or beyond the site boundary, can be undertaken. Proposals for new development resulting in the loss or deterioration of ancient woodlands as shown on the policies map, will be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists. Proposals affecting ancient woodland (including planted ancient woodland sites) not previously identified as such, will be subject to the same considerations. Proposals for new development will be expected to maintain adequate stand-off distances between woodland and new land-uses to avoid future conflicts, and integrate them fully into the design having regard to their future management requirements and growth potential. Hedges Proposals for new development will not be permitted that would result in the loss of hedges of high landscape, heritage, amenity or biodiversity value unless the benefits of the proposal clearly outweigh the harm. Proposals for new development will be expected to retain existing hedgerows where appropriate and integrate them fully into the design having regard to their management requirements. Where any hedges are lost, suitable replacement planting or restoration of existing hedges, will be required within the site or the locality, including appropriate provision for maintenance and management.

Biodiversity and Geodiversity

Proposals for new development will not be permitted if significant harm to biodiversity or geodiversity resulting from the development cannot be avoided, or appropriately mitigated, or, as a last resort, compensated for. Proposals for new development will be expected to minimise impacts on biodiversity by retaining and enhancing existing biodiversity assets and features and providing net gains for biodiversity including by establishing coherent ecological networks. Measures should be appropriate, consistent with the biodiversity of the site and contribute to the resilience and coherence of local ecological networks. Proposals for new development will be expected to protect geological features and have regard to Geodiversity Action Plans, the Durham Geodiversity Audit and where appropriate promote public access, appreciation and interpretation of geodiversity. Development proposals where the primary objective is to conserve or enhance biodiversity or geodiversity will be permitted, where they accord with other relevant policies in the Plan. Development proposals which are likely to result in the loss or deterioration of irreplaceable habitat(s) (such as peatlands or lowland fen) will not be permitted unless there are wholly exceptional reasons and a suitable compensation strategy exists.

Internationally Designated Sites

Development that has the potential to have an effect on internationally designated site(s), (including all development within 0.4 kilometres of the sites, as shown on Map B of the policies map document), either individually or in combination with other plans or projects, will need to be screened in the first instance to determine whether significant effects on the site are likely and, if so, will be subject to an Appropriate Assessment. Development will be refused where it cannot be ascertained, following Appropriate Assessment, that there would be no adverse effects on the integrity of the site, unless the proposal is able to pass the further statutory tests of 'no alternatives' and 'imperative reasons of overriding public interest' as set out in Regulation 64 of the Conservation of Habitats and Species Regulations 2017. In these exceptional circumstances, where these tests are met, appropriate compensation will be required in accordance with Regulation 68. Where development proposals would be likely to lead to an increase in recreational pressure upon internationally designated sites, a Habitats Regulations screening assessment and, where necessary, a full Appropriate Assessment will need to be undertaken to demonstrate that a proposal will not adversely affect the integrity of the site. In determining whether a plan or project will have an adverse effect on the integrity of a site, the implementation of identified strategic measures to counteract effects, can be considered during the Appropriate Assessment. Land identified and/or managed as part of any mitigation or compensation measures should be maintained in perpetuity. Development proposals which have an adverse impact on mitigation or compensation measures will not be allowed.

Protected Species and Nationally and Locally Protected Sites

All development proposals in, or which are likely to adversely impact upon (either individually or in combination with other developments), any of the following national designations (where not a component of an internationally designated site): Sites of Special Scientific Interest National Nature Reserves will only be permitted where the benefits of development in that location clearly outweigh the impacts on the interest features on the site and any wider impacts on the network of sites. All development proposals in, or which are likely to adversely impact upon, any of the following local designations: Local Sites (Geology and Wildlife) Local Nature Reserves (LNRs) will only be permitted when it can be demonstrated that the benefits of development in that location outweigh the impacts on the local nature conservation interest or scientific interest on the site and any wider impacts on the network of sites. In all cases where development impacts adversely on a designated site, mitigation, or as a last resort compensation, must be provided and it must be demonstrated that the proposed mitigation or compensatory measures are appropriate to the designations assigned to the site and deliver clear net gains for the habitats and/or species assemblages the site is designated for. In relation to protected species and their habitats, all development which, alone or in combination, has a likely adverse impact on the ability of species to survive, reproduce and maintain or expand their current distribution will not be permitted unless: a. appropriate mitigation, or as a last resort compensation, can be provided, which maintains a viable population and where possible provides opportunities for the population to expand; and b. where the species is a European protected species, the proposal also meets the licensing criteria (the 3 legal tests) of overriding public interest, no satisfactory alternative and favourable conservation status.

Sustainable Minerals and Waste Resource Management

The development of a sustainable resource economy in County Durham will be promoted, encouraged and facilitated by: a. ensuring that waste is managed in line with the waste hierarchy in sequential order. In particular: 1. supporting proposals that minimise waste production; help prepare waste for re-use; and increase the capacity and capability of the county's network of waste management facilities to reuse, recycle and recover value from waste materials; and 2. resisting proposals for the disposal of residual waste via landfill or via the incineration of waste without energy recovery unless a need can be demonstrated which cannot be met by existing facilities and by treatment solutions higher in the waste hierarchy. b. supporting opportunities for on-site management of waste where it arises and encouraging co-location of waste developments with industrial uses so that waste can be used as a raw material; c. encouraging all proposals for mineral extraction to minimise the amount of mineral waste produced in extraction, handling, processing and stockpiling; and to maximise the potential for mineral waste to be used in recycling or on-site restoration. If mineral waste is not required for these purposes then where practicable, a market for its potential use should be identified; d. encouraging and permitting the concurrent working of two or more minerals from the same site provided that the operation or restoration of the site is not prejudiced or significantly delayed, the overall proposal remains acceptable and does not have an unacceptable adverse impact on either the environment, human health or the amenity of local communities; and e. permitting proposals for aggregate recycling facilities including at locations suitable for permanent waste management facilities and also at active quarries and landfill sites. Proposals at active quarries and landfill sites will only be permitted: 1. for a temporary period not exceeding the permitted life of the quarry or landfill site; 2. provided that the operation or restoration of the site is not prejudiced or significantly delayed; and 3. provided that the overall proposal remains acceptable and does not have an unacceptable adverse impact on either the environment, human health or the amenity of local communities.

Safeguarding Minerals Sites, Minerals Related Infrastructure and Waste Management Sites

Existing and allocated minerals sites, minerals processing facilities and minerals related transportation infrastructure and important waste management sites shall be safeguarded and protected from all non-mineral and non-waste related development. Planning permission will not be granted for non-minerals or non-waste related development that would result in the loss of existing or allocated minerals processing facilities and minerals related transportation infrastructure and waste management sites unless: a. where the facility, infrastructure or site is in active use an alternative suitable site within an acceptable distance can be provided, which is at least as appropriate and acceptable for the use as the safeguarded site; or b. the facility, infrastructure or site is not in active use and it can be demonstrated that it no longer meets the current or anticipated future needs of the minerals, building and construction industry or the waste management industry; or c. the need for the alternative development outweighs the benefits of retaining the existing, or allocated infrastructure, facility or site. Planning permission will not be granted for non-minerals or non-waste related development next to a safeguarded minerals processing facility, minerals related transportation infrastructure, minerals site or waste management site, or within a defined minerals or waste site safeguarding zone (where defined in the policies map document) other than for: d. exempt development; or e. where it can be demonstrated that the new non-minerals or non-waste development would not prevent, prejudice or be prejudiced by the current or future use of the safeguarded infrastructure, facility or site including through provision of adequate mitigation to reduce any impacts to an acceptable level. All non-exempt proposals within or adjacent to a Minerals and Waste Site Safeguarding Zone will be required to prepare a Minerals and/or Waste Infrastructure Assessment.

Brick Making Raw Materials

Proposals for new workings to meet the raw material needs of brickworks in County Durham will be permitted where: a. they are required to maintain a stock of permitted reserves of appropriate properties and that this need cannot be met from an existing permission associated with the brickworks. Provision will be made to maintain a minimum supply of feedstock equivalent to a 25 year stock of permitted reserves for each brickworks in the county; and b. there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities. Proposals for new workings which are intended to serve brickworks outside of County Durham will be permitted where: c. they are required to maintain a 25 year stock of permitted reserves of appropriate properties and this need cannot be met from an existing permission or allocation related to the associated brickworks; d. it can be demonstrated that the raw material needs cannot be met from a site or sites closer to the brickworks; and e. there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities. The provision of reserves from dedicated on-site pits will be preferred. Accordingly, proposals for new standalone sites will only be permitted where it can be demonstrated that provision can not be met from dedicated on-site pits. Where planning permission is granted, planning obligations or conditions will be used to restrict the use of the brick making raw material to the associated brickworks. Proposals to vary the time period of working at existing workings will be permitted where it can be demonstrated that permitted reserves would otherwise remain unworked at the end of the existing permission and provided that there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities.

Natural Building and Roofing Stone

Planning permission will be granted for proposals for new and extensions to existing natural building and roofing stone quarries where it can be demonstrated that it will help maintain a steady, adequate and diverse supply of natural building and roofing stone and provided that there will be no unacceptable adverse impacts on the environment, human health or the amenity of local communities. Locational Approach In order to avoid unacceptable adverse impacts, proposals for natural building and roofing stone working which are considered to be major mineral development, due to their scale and nature, should not normally be located within the North Pennines AONB or in locations which could adversely affect the setting of the AONB. All such proposals will be required to meet the tests for major development and the requirements of Policy 38 (North Pennines Area of Outstanding Natural Beauty). Proposals for natural building and roofing stone working within the AONB, which are not considered to be major mineral developments, should demonstrate that they contribute to the achievement of, or are consistent with, the North Pennines AONB Management Plan and North Pennines AONB Planning Guidelines. Such proposals will: a. be carefully assessed with great weight being given in decisions to the conservation of the natural beauty of the landscape and countryside, the conservation of wildlife and the cultural heritage and the need to avoid adverse impacts on recreational amenity; and b. need to demonstrate that the stone is required primarily to meet the requirements arising from new build or repair work within the AONB, or is for the repair of important designated or undesignated buildings or structures which rely on the proposed source of stone as the original source of supply, or as providing a directly equivalent product which can no longer be provided from the original source supply.

Safeguarding Mineral Resources

Planning permission will not be granted for non-mineral development that would lead to the sterilisation of mineral resources within a Mineral Safeguarding Area or which will sterilise an identified 'relic' natural building and roofing stone quarry as shown on Map C of the policies map document unless one of the following applies: a. it can be demonstrated that the mineral in the location concerned is no longer of any current or potential value as it does not represent an economically viable and therefore exploitable resource; b. provision can be made for the mineral to be extracted satisfactorily prior to the non-minerals development taking place without unacceptable adverse impact on the environment, human health or the amenity of local communities and within a reasonable timescale; c. the non-minerals development is of a temporary nature that does not inhibit extraction within the timescale the mineral is likely to be needed; d. there is an overriding need for the non-minerals development which outweighs the need to safeguard the mineral; or e. it constitutes exempt development as set out in appendix C of the Plan. Unless the proposal is exempt development or temporary in nature, all planning applications for non-mineral development within a Mineral Safeguarding Area must be accompanied by a Mineral Assessment of the effect of the proposed development on the mineral resource beneath or adjacent to the site of the proposed development. Where the Mineral Assessment has identified that mineral is of potential value and economic to extract, an assessment of the viability of the potential for prior extraction will be required. Where planning permission is granted for prior extraction, conditions will be imposed to ensure that the site can be adequately restored to a satisfactory after-use should the following development be delayed or is not implemented.

The Conservation and Use of High Grade Dolomite

The long term conservation and future use of high grade dolomite will be achieved by: a. protecting areas of the county understood to be underlain by high grade dolomite by non-mineral development and preventing their sterilisation; and b. ensuring that both existing and future permitted reserves of high grade dolomite are worked efficiently for high grade purposes and not used unnecessarily for low grade purposes. It is expected that over the Plan period that any demand for high grade dolomite will be met from existing planning permissions in the county. Accordingly, planning permission for further reserves of high grade dolomite will only be permitted subject to appropriate planning conditions where: c. it can be demonstrated that there is a need for high grade dolomite which cannot be met by existing planning permissions; d. the purposes for which their specific qualities are essential are demonstrated and its use for high grade purposes can be maximised; and e. provided that there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities.

Durham Heritage Coast and Wider Coastal Zone

The council will seek to protect and enhance the Durham Heritage Coast and wider Coastal Zone. Development proposals within the Durham Heritage Coast or wider Coastal Zone, as defined on the policies map, or that have the potential to individually or cumulatively impact on their setting must: a. be appropriate in terms of scale, massing and design; b. not give rise to adverse impacts upon the tranquil or isolated character of the area; c. not increase the risk from climate change, flooding, erosion or land instability; d. demonstrate consistency with the protection, conservation and enhancement of its natural assets and heritage features; and e. not be inconsistent with the purposes of the Heritage Coast and objectives of the Heritage Coast Management Plan. Development proposals within, or within the setting of, the Durham Heritage Coast or wider Coastal Zone which meet the above criteria and support appropriate public access, enjoyment and understanding of this resource will be permitted. Small scale proposals for agriculture, forestry, fisheries, the operation of the port or to meet community needs will be supported where appropriate. Other types of development within, or within the setting of, the Durham Heritage Coast or wider Coastal Zone will only be permitted where they meet criteria (a) to (e) above and it can be clearly demonstrated that there are overriding social, environmental and/or economic benefits which will be derived from that particular proposal and that it cannot be accommodated outside of the wider Coastal Zone. Major development within the defined Durham Heritage Coast is unlikely to be appropriate, unless it is compatible with its special character. The council will also support: appropriate enhancement, management and restoration of the Heritage Coast and wider Coastal Zone having regard to the Heritage Coast Management Plan; and the extension of the Durham Heritage Coast to include the area around Dene Mouth, Blackhall.

Historic Environment

Development will be expected to sustain the significance of designated and non-designated heritage assets, including any contribution made by their setting. Development proposals should contribute positively to the built and historic environment and should seek opportunities to enhance and, where appropriate, better reveal the significance and understanding of heritage assets whilst improving access where appropriate. Designated Assets Great weight will be given to the conservation of all designated assets and their settings (and non-designated heritage assets of archaeological interest that are demonstrably of equivalent significance to scheduled monuments). Such assets should be conserved in a manner appropriate to their significance, irrespective of whether any potential harm amounts to substantial harm, total loss or less than substantial harm to its significance. Development which leads to less than substantial harm to a designated heritage asset will be weighed against the public benefits of the proposal. Development which leads to substantial harm to, or total loss of, the significance of a designated heritage asset will only be acceptable where it can be demonstrated that it is necessary to achieve substantial public benefits that outweigh that harm or loss, or where all of the following apply: the nature of the heritage asset prevents all reasonable uses of the site; no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; conservation by grant-funding or some form of not for profit, charitable or public ownership is demonstrably not possible; and the harm or loss is outweighed by the benefit of bringing the site back into use. In determining applications, particular regard will be given to the following: Scheduled Monuments a. the sustainable management of the monument and its setting. Listed Buildings b. respect for the historic form, setting, fabric, materials, detailing, and, any other aspects including curtilage, which contribute to the significance of the building or structure; and c. the retention of the character and special interest of buildings when considering alternative viable uses. Historic Battlefields d. the sustainable management of the battlefield site and its setting. Registered Parks and Gardens e. the sustainable management of the landscape, its features and setting. Conservation Areas f. the demonstration of understanding of the significance, character, appearance and setting of the conservation area and how this has informed proposals to achieve high quality sustainable development, which is respectful of historic interest, local distinctiveness and the conservation or enhancement of the asset; g. the manner in which the proposal responds positively to the findings and recommendations of conservation area character appraisals and management proposals; and h. respect for, and reinforcement of, the established, positive characteristics of the area in terms of appropriate design (including pattern, layout, density, massing, features, height, form, materials and detailing). Non-designated Assets A balanced judgement will be applied where development impacts upon the significance and setting of non-designated heritage assets. In determining applications which would affect a known or suspected non-designated heritage asset with an archaeological interest, particular regard will be given to the following: i. ensuring that archaeological features are generally preserved in situ; and j. in cases where the balanced judgement concludes preservation in situ should not be pursued, it will be a requirement that they are appropriately excavated and recorded with the results fully analysed and made publicly available. Heritage at Risk The council will seek to reduce the number of heritage assets identified at risk, from either neglect, decay or other threat, and seek to avoid assets becoming at risk in the future. Weight will be given to any significant improvements to at risk heritage assets as a result of development proposals. The deteriorated state of the heritage asset will not be taken into account where evidence shows that the asset has been deliberately neglected or damaged. If the loss of the whole or part of a heritage asset is accepted, conditions will be secured to ensure the new development proceeds after the loss has occurred. Full and proper recording of the asset must be undertaken and made publicly available prior to its loss, in a manner proportionate to the importance of, and impact upon, the asset.

Durham Castle and Cathedral World Heritage Site

The Durham Castle and Cathedral World Heritage Site is a designated asset of the highest significance. Development within or affecting the World Heritage Site and its setting will be required to: a. sustain and enhance the significance of the designated asset; b. be based on an understanding of the Outstanding Universal Value of the site, having regard to the adopted World Heritage Site Management Plan and Statement of Outstanding Universal Value; and c. protect and enhance the Outstanding Universal Value, the immediate and wider setting and important views across, out of, and into the site. Development that would result in harm to the Outstanding Universal Value of the World Heritage Site or its setting will not be permitted other than in wholly exceptional circumstances.

Stockton and Darlington Railway

Development which impacts upon the historic route of the Stockton and Darlington Railway (S&DR) of 1825, the Black Boy and Haggerleases branch lines and the Surtees Railway, together with their associated structures, archaeological and physical remains and setting, will be permitted where the proposal: a. seeks to reinstate a legible route or enhance any physical remains and their interpretation on the ground, and otherwise respects and interprets the route(s) where those remains no longer exist; b. safeguards and enhances access (including walking and cycling) to, and alongside, the route, branch lines and associated structures, archaeological remains and their setting; c. does not encroach upon or result in the loss of the original historic route(s), damage the trackbed excepting archaeological or preservation works, or prejudice the significance of the asset; and d. does not prejudice the development of the S&DR as a visitor attraction or education resource.

Reopening of Relic Building Stone Quarries for Heritage Projects

Proposals to temporarily reopen, on a time limited basis, relic natural building and roofing stone quarries, including those identified by Historic England through the Strategic Stone Study, or for new extraction adjacent to or close to these quarries to extract small quantities of stone required for heritage projects, will be permitted where it can be demonstrated that: a. records indicate the quarry was the original source of stone used in the construction of a historic building or monument or the stone is technically compatible with material in the structure to be repaired; or b. the stone from the quarry is, or will be, required for restoration or conservation in the absence of viable alternatives; and c. the stone can be worked and the site restored, taking into account the need to protect designated sites and without other unacceptable adverse impact on the environment, human health or the amenity of local communities.

Bracks Road

Development of the site will: include reinforcement of existing planting along the eastern boundary; incorporate suitable noise attenuation adjoining the A688.

Copelaw

Development of the site will: provide a new primary school; provide community facilities in the form of a local centre incorporating A1, A2, A3 and A5 where viable and in accordance with other Plan policies; be accessed from a new junction on the A167 and include the redesign of the existing junction at the north end of Newton Aycliffe and Rushyford roundabout; provide strong pedestrian and cycle links across the A167; include significant structural planting along the entire perimeter of the site; incorporate bus, pedestrian and cycle routes within, and connecting to, adjoining facilities; A further 630 units will be completed on the site beyond the Plan period.

Land at Woodham College

Development of the site will: include peripheral landscaping.

Cobblers Hall

Development of the site will: provide a minimum 20 metre buffer adjacent to the Local Nature Reserve; retain ecological links to the rough grassland areas to the north and south.

North Blunts

Development of the site will: reinforce existing planting along the western boundary; provide a 15 metre buffer adjoining the Ancient Woodland to the east; provide new or improved green infrastructure and contribute to coastal access measures to off-set increased recreational pressure resulting from development, to satisfy the Habitat Regulations Assessment (HRA).

Seaham Colliery

Development of the site will: include structural planting along the western boundary; provide new or improved green infrastructure and contribute to coastal access measures to off-set increased recreational pressure resulting from development to satisfy the Habitat Regulations Assessment (HRA); the full build-out of the site will be dependent on completion of improvements to the junction of the A19 and the A1018.

Former Seaham School

Development of the site will: include structural planting along the western boundary; provide new or improved green infrastructure and contribute to coastal access measures to off-set increased recreational pressure resulting from development, to satisfy the Habitat Regulations Assessment (HRA).

Land off Leazes Lane

Development of this site will: retain and enhance the existing structural landscaping; ensure a successful transition of development with the rural landscape beyond the village edge to the north; assimilate the roofscape of any development with that of the established settlement to minimise visual impact from higher ground (including appropriate roof features and materials); ensure the setting of the identified heritage assets and the role this plays in the significance of such assets are fully understood and addressed in the development of detailed proposals for the site; the part of Wolsingham Leazes Lane which includes a former school playing field can only be developed subject to an up-to-date PPS identifying a surplus of playing pitches in the catchment in accordance with SE's playing field policy exception E1, or where the pitch can be re-provided in a suitable location in accordance with SE's playing field policy exception E4.

Purpose-Built Student Accommodation - General Criteria

a. the number of students and level of accommodation needed is not already met by existing, under-construction or with planning permission Purpose-Built Student Accommodation; b. there is sufficient car parking provision in accordance with the council's Parking and Accessibility Supplementary Planning Document (SPD), or where car-free development is proposed, that this is in a highly accessible location and that the impact of car-free development would not be significant; c. the loss of any retail, employment, leisure, tourism, housing or community facilities is justified and mitigated against; d. harm to the setting and/or significance of designated or non designated heritage assets will not be supported unless the harm is outweighed by the public benefit; e. there is no unacceptable harm on ecology and biodiversity; f. the movements of staff and students around the city have been considered for all users and, where necessary, measures are provided for this demand such as widening footways, improving junctions, or through the provision of new routes for pedestrians and cyclists; g. Parking spaces and electric vehicle charging points are provided having regard to the County Durham Parking and Accessibility Supplementary Planning Document (SPD); h. in the case of sport and recreation facilities a community access agreement will be required; and i. the proposal will enhance or create well-designed spaces, and exploit sustainable energy opportunities, including the delivery of district heating, where possible.

Rural Housing and Employment Exception Sites

New housing and employment related development that is contrary to Policy 6 (Development on Unallocated Sites) and Policy 10 (Development in the Countryside), will be permitted where the following criteria are met: Where housing is proposed it must be shown that: a. the development is well-related to a settlement; b. there is an identified local need for affordable or specialist housing sufficient to justify the scale and nature of the development; c. any market housing is only included where it can be robustly demonstrated that this is essential to support the viable delivery of affordable housing. Only the minimum necessary should be included; and d. the affordable housing is made available to the local community identified as being in need, with priority given to occupation by households with a local connection. Where employment related development is proposed it must be shown that: e. it is of a scale and type that is appropriate to its location; and f. it could not be more appropriately situated on an existing or allocated industrial estate, an existing suitable building or other land within other settlements in the vicinity. All proposals must be in scale and keeping with the form and character of any nearby settlements and the local landscape.

Permanent Rural Workers' Dwellings

Proposals for new permanent agricultural, forestry and other rural workers' dwellings outside the built up area will be permitted provided it can be demonstrated that: a. the nature and demands of the work involved means that there is an essential existing functional need for a permanent full time worker to live at, or very close to, the site of their work in order for the enterprise to function effectively, or the dwelling is required to accommodate a person with majority control of the farm business; b. the rural business activity has been established for at least three years, is currently financially sound as verified by a qualified accountant, and has a clear prospect of remaining so; c. the proposed dwelling is not harmful to the rural landscape and character of the area and is physically well related to the activities required; d. the scale of the dwelling is commensurate with the established functional requirement of the enterprise; and e. the functional need could not be fulfilled by another existing dwelling on the unit, or any other existing accommodation in the area which is suitable and available for occupation by the workers concerned. Planning permission will be granted subject to a planning condition protecting its continued occupation by agricultural, forestry, other rural workers with an essential housing need to live permanently at or near their place of work or those with a majority share in the farm business. Permitted Development Rights will be removed in order to ensure that a dwelling is not subsequently extended to a size which exceeds its functional requirement and continues to be affordable for a rural worker. If the enterprise has not been established for three years, temporary accommodation will only be permitted for a maximum of three years where criteria a) and c) are satisfied and there is evidence from a suitably qualified person that the enterprise is planned on a sound financial basis. Removal of a rural workers' occupancy condition will only be permitted if it can be demonstrated that: f. there is no longer a current or potential future need for the dwelling in relation to a rural enterprise; and g. the dwelling has been suitably marketed for sale and/or rent for at least 12 months at a price that reflects the occupancy condition and no reasonable offer has been refused.

Addressing Housing Need

To contribute towards meeting the needs of the county's existing and future residents we will require all qualifying new housing proposals to provide a percentage of Affordable Housing which is accessible, affordable and meets the needs of those residents unable to access the open housing market. Affordable Housing Provision Affordable housing will be sought on sites of 10 or more units and in line with the percentages set out below. In designated rural areas, schemes of between 6 and 9 units will provide a financial contribution towards the delivery of affordable housing. Table 8 Affordable Contributions Viability Area Percentage of Housing Units Highest Value Area 25% High Value Area 20% Medium Value Area 15% Low Value Area 10% Affordable Housing Tenure Mix On sites with 10 or more units, 10% of the homes provided should be for affordable home ownership (starter homes, discount market sale housing and other affordable routes to home ownership). In line with the requirements in Table 8, any contribution above 10% should be provided as affordable housing for rent. Where it can be evidenced by the applicant to the council's satisfaction that this tenure mix would make the required affordable housing contribution unviable or that alternative affordable housing products are required to meet local needs, then proposals for an alternative tenure mix as proposed by the applicant will be considered. Off-Site Provision of Affordable Housing In certain circumstances where it can be robustly justified and it would contribute to the objective of creating mixed and balanced communities, we will accept off-site contributions in lieu of on-site provision. This includes, but is not limited to, circumstances where: a. there would be five or fewer affordable homes on the site; b. there is clear evidence that a greater number of affordable homes could be delivered off-site, in a more suitable location; or c. the resulting financial contribution would contribute to specific regeneration activity including bringing viable vacant housing back into use. In all instances financial contributions should be of a broadly equivalent value of developing or buying on the open market the same number of new properties of the size and type and in a similar location that would have been provided on site. The calculation for the financial contribution will take into account the following key factors: The unencumbered residual land value; Total number of units on site; Registered Providers purchase amount; Number of units for affordable housing; and Total development costs. Meeting the Needs of Older People and People with Disabilities To meet the needs of older people and people with disabilities, on sites of 5 units or more, 66% of dwellings must be built to Building Regulations Requirement M4 (2) (accessible and adaptable dwellings) standard. On sites of 10 units or more, we will require a minimum of 10% of the total number of dwellings on the site to be of a design and type that will increase the housing options of older people. These properties should be built to M4(2) standard and would contribute to meeting the 66% requirement set out above. They should be situated in the most appropriate location within the site for older people. Appropriate house types considered to meet this requirement include: level access flats; level access bungalows; or housing products that can be shown to meet the specific needs of a multi generational family. Where it can be demonstrated that site specific factors such as vulnerability to flooding, site topography, other circumstances which may make a site less suitable for older persons house types or properties built to M4(2) (accessible and adaptable standard) or where step free access cannot be achieved or is not viable, then the requirements will not be applied on all or part of the site as appropriate. Specialist Housing The council will support the provision of specialist housing for older people, vulnerable adults and people with disabilities where: i. the development is in an appropriate location with reference to the needs of the client; j. it is designed to meet the particular requirements of residents; k. appropriate measures will be in place to ensure access for emergency vehicles and safety measures such as fire escapes; and l. satisfactory outside space, highway access, parking and servicing can be achieved. Specialist housing for older people, will meet the following standards: m. 100% of accommodation to meet M4(2) (accessible and adaptable dwellings); and n. A minimum of 25% of accommodation to meet M4(3) (wheelchair user dwellings). Where it can be evidenced by the applicant to the council's satisfaction that applying the Optional Standards at these proportions would make the proposal unviable, then proposals for alternative proportions of dwellings which meet the Optional Standards, as proposed by the applicant, will be considered. Where viability considerations dictate that the provision of affordable housing or older people's housing is below the levels set out in the policy, the council will include an overage payment clause in the Section 106 Agreement relating to the planning permission.

Durham University Development, Purpose Built Student Accommodation and Houses in Multiple Occupation

1. Durham University Development Durham University will continue to evolve and compete as a vibrant, diverse and high quality education-led mixed-use establishment, including arts and cultural uses, managed workspace for start-up businesses and other complementary uses. Planning permission will be granted for new University facilities including academic, residential, sport and cultural floor space and for the refurbishment of existing buildings where: a. the proposal respects the character and setting of the area and has regard to the needs and requirements of the local community; b. there is no unacceptable impact on the Durham Castle and Cathedral World Heritage Site or its setting as assessed against the Outstanding Universal Values and opportunities are taken to enhance and better reveal its significance; c. it sustains and enhances the significance of designated heritage assets, including the conservation area, including their settings and where appropriate, better reveals their significance. Development that results in harm to the setting and/or significance of designated or non designated heritage assets will not be supported unless the harm is outweighed by the public benefit; d. there is no unacceptable harm on ecology and biodiversity; e. the movements of staff and students around the city have been considered for all users and, where necessary, measures are provided for this demand such as widening footways, improving junctions, or through the provision of new routes for pedestrians and cyclists; f. Parking spaces and electric vehicle charging points are provided having regard to the County Durham Parking and Accessibility Supplementary Planning Document (SPD); g. in the case of sport and recreation facilities a community access agreement will be required; and h. the proposal will enhance or create well-designed spaces, and exploit sustainable energy opportunities, including the delivery of district heating, where possible. 2. Purpose-Built Student Accommodation The following sites are allocated for purpose-built student accommodation: Table 9 Allocations for Purpose Built Student Accommodation in Durham City Ref - Site - Notes PBSA1 - Leazes Road - Site 1: Development of the site will: preserve or enhance the significance and setting of the non-designated heritage assets contained within the site. This will be achieved through retention, restoration and sympathetic re use/conversion; ensure that views towards the World Heritage

Type and Mix of Housing

On all new housing developments the council will seek to secure an appropriate mix of dwelling types and sizes, taking account of existing imbalances in the housing stock, site characteristics, viability, economic and market considerations and the opportunity to facilitate self build or custom build schemes.

Purpose-Built Student Accommodation - Non-Allocated Sites

All proposals for new, extensions to, or conversions to, Purpose-Built Student Accommodation on sites not allocated for student accommodation, will be required to demonstrate: a. that there is a need for additional student accommodation of this type in this location; b. consultation with the relevant education provider pursuant to the identified need; c. it would not result in a significant negative impact on retail, employment, leisure, tourism, housing or the council's regeneration objectives; d. the development is readily accessible to an existing university or college academic site, or hospital and research site; e. the design and layout of the student accommodation and siting of individual uses within the overall development are appropriate to its location and in relation to adjacent neighbouring uses; f. the internal design, layout and size of accommodation and facilities are of an appropriate standard; g. the activities of the occupants of the development will not have an unacceptable impact upon the amenity of surrounding residents in itself or when considered alongside existing and approved student housing provision. Prior to occupation a management plan or draft outline management plan appropriate to the scale of the development shall be provided; h. the quantity of cycle and car parking provided has regard to the council's Parking and Accessibility Supplementary Planning Document (SPD); and i. the applicant has shown that the security of the building and its occupants has been considered along with that of other local residents and legitimate users. Where appropriate, development will be expected to sustain the significance of designated and non-designated heritage assets, including any contribution made by their setting. Development proposals should contribute positively to the built and historic environment, and should seek opportunities to enhance and better reveal the significance and understanding of heritage assets whilst improving access where appropriate.

Housing Allocations

The following sites, as shown on the policies map, are allocated for housing: H1 (4/DU/157) Gilesgate School - Gross Site Area: 2.6 Ha, Estimated Yield: 60, Previously Developed Land. Development of the site will require a financial contribution to facilitate playing field re-provision within the catchment area. H2 (4/DU/118) North of Hawthorn House - Gross Site Area: 0.7 Ha, Estimated Yield: 20, Greenfield. H3 (4/DU/161) South of Potterhouse Terrace - Gross Site Area: 0.3 Ha, Estimated Yield: 10, Previously Developed Land. H4 (4/DU/93) Former Police Skid Pan - Gross Site Area: 1.9 Ha, Estimated Yield: 50, Previously Developed Land. Development of the site will: provide a new Green Belt boundary in the form of a native species hedge to the perimeter of the site; retain the existing tree belt within the middle of the site and provide additional tree planting in gaps within the tree belts to the north, east and south-east of the site; provide compensatory improvements to remaining Green Belt in the vicinity including providing new native woodland to consolidate Hopper's Wood to the north and west of the site and developing new and improved footpaths in that area linking to the wider network. H5 (4/DU/101) Sniperley Park - Gross Site Area: 107.8 Ha, Estimated Yield: 1700, Greenfield. Development of the site will see Policy 5 (Durham City's Sustainable Urban Extension). H6 (4/DU/104) Sherburn Road - Gross Site Area: 18.7 Ha, Estimated Yield: 420, Greenfield. Development of the site will see Policy 5 (Durham City's Sustainable Urban Extension). H7 (4/BE/01) Cook Avenue, Bearpark - Gross Site Area: 5.6 Ha, Estimated Yield: 200, Greenfield. Development of the site will deliver local highway improvements including the widening of Colliery Road to a minimum of 6.75m, to complete a loop road connection through the site to Hilltop Road. H8 (4/BE/06) Cook Avenue North, Bearpark - Gross Site Area: 2.2 Ha, Estimated Yield: 50, Greenfield. Development of the site will deliver local highway improvements including the widening of Colliery Road to a minimum of 6.75m, to complete a loop road connection through the site to Hilltop Road. H11 (2/PE/11) Former Roseberry Comprehensive School, Pelton/Newfield - Gross Site Area: 2.8 Ha, Estimated Yield: 65, Previously Developed Land. Development of the site will maintain an access to the adjacent playing pitches. H16 (1/CO/89a) Former Blackfyne School, Consett - Gross Site Area: 4.2 Ha, Estimated Yield: 100, Previously Developed Land. Development of the site will provide replacement sports changing room; provide a financial contribution towards the improvement of the existing playing fields immediately to the west of the site. H17 (1/CO/89d) East of Muirfield Close, Consett - Gross Site Area: 2.0 Ha, Estimated Yield: 30, Greenfield. Development of the site will provide a significant buffer of at least 50 metres adjoining the Ancient Woodland to the east. H18 (1/CO/07, 1/CO/08) Laurel Drive, Consett - Gross Site Area: 14.7 Ha, Estimated Yield: 290, Greenfield. Development of the site will provide improved pedestrian links with Leadgate local centre; maintain and enhance existing links across the site; include structural planting adjoining the A692; provide a site of at least 2 hectares for a new primary school adjoining Villa Real roundabout. H19 (1/CO/42) South of Knitsley Lane, Consett - Gross Site Area: 12.3 Ha, Estimated Yield: 200, Greenfield. Development of the site will include structural planting along the southern boundary and to the south of Redmire Drive to complement that to the south of Langdon Close; provide a substantial area of open space for public access that connects with existing adjoining housing and the Lanchester Valley Walk; contribute to Delves Lane Community Centre for the benefit of new and existing residents; reinforce the existing screening around Delves Lane Primary School; retain the ditch and stream running through the site to create a wildlife corridor (this could also form part of a SuDS solution for the development); consider potential impacts on the setting of High Knitsley Farm (Grade II listed). H20 (1/CO/16) Rosedale Avenue, Consett - Gross Site Area: 2.1 Ha, Estimated Yield: 50, Greenfield. Development of the site will be accessed from Rosedale Avenue. H22 (3/CR/02) High West Road, Crook - Gross Site Area: 15.1 Ha, Estimated Yield: 250, Greenfield. Development of the site will provide significant structural planting (in the order of 30 to 50 metres wide) along the north western boundary; incorporate pedestrian and cycle routes within and connecting to, adjoining facilities; retain mature hedgerows within the site to form the basis of green corridors and linkages with the wider countryside; locate open space to the rear of existing properties adjoining the site, in order to protect their privacy; provide access from a new roundabout on the A689 with additional traffic calming to be provided on that road. H24 (7/SP/333) Former Tudhoe Grange Lower School, Durham Road, Spennymoor - Gross Site Area: 3.7 Ha, Estimated Yield: 85, Previously Developed Land. Development of the site will: the part of Tudhoe Grange Lower School which includes a former school playing field can only be developed subject to an up-to-date PPS identifying a surplus of playing pitches in the catchment in accordance with SE's playing field policy exception E1, or where the pitch can be re-provided in a suitable location in accordance with SE's playing field policy exception E4; retain a suitable maintenance access to the adjoining playing pitch to be retained for usage by King Street Primary School. H25 (7/SP/097) Former Tudhoe Grange Upper School, St Charles Road, Spennymoor - Gross Site Area: 6.9 Ha, Estimated Yield: 110, Previously Developed Land. Development of the site will: the part of Tudhoe Grange Upper School which includes a former school playing field can only be developed subject to an up-to-date PPS identifying a surplus of playing pitches in the catchment in accordance with SE's playing field policy exception E1, or where the pitch can be re-provided in a suitable location in accordance with SE's playing field policy exception E4; incorporate 15 self-build plots; retain the vehicular and pedestrian access to the adjoining playing pitches; incorporate open space and landscaping within the northern part of the site to maintain visual separation between Tudhoe Village Conservation Area and Spennymoor. H26 (3/WI/03) Land to East of Ash Drive, Willington - Gross Site Area: 8.9 Ha, Estimated Yield: 200, Greenfield. Development of the site will provide structural planting along the southern and eastern boundaries; access to be from the existing roundabout on the A690. H28 (3/BA/21) Former Chamberlain Phipps, Bishop Auckland - Gross Site Area: 6.1 Ha, Estimated Yield: 75, Previously Developed Land. Development of the site will include provision of off-site highways works to mitigate impacts upon local network; incorporate amenity mitigation on the site for future residents - these measures should not impinge on the operational requirements of the existing employment uses adjacent to the site. H29 (3/BA/31a) Bracks Road, Bishop Auckland - Gross Site Area: 2.3 Ha, Estimated Yield: 50, Greenfield. Development of the site will include reinforcement of existing planting along the eastern boundary; incorporate suitable noise attenuation adjoining the A688. H30 (7/NA/313) Copelaw, Newton Aycliffe - Gross Site Area: 98.6 Ha, Estimated Yield: 770, PDL & Greenfield. Development of the site will provide a new primary school; provide community facilities in the form of a local centre incorporating A1, A2, A3 and A5 where viable and in accordance with other Plan policies; be accessed from a new junction on the A167 and include the redesign of the existing junction at the north end of Newton Aycliffe and Rushyford roundabout; provide strong pedestrian and cycle links across the A167; include significant structural planting along the entire perimeter of the site; incorporate bus, pedestrian and cycle routes within, and connecting to, adjoining facilities. A further 630 units will be completed on the site beyond the Plan period. H32 (7/NA/326) Land at Woodham College, Newton Aycliffe - Gross Site Area: 4.4 Ha, Estimated Yield: 100, Greenfield. Development of the site will include peripheral landscaping. H33 (7/NA/186) Cobblers Hall, Newton Aycliffe - Gross Site Area: 1.8 Ha, Estimated Yield: 50, Greenfield.

Durham City's Sustainable Urban Extensions

In order to meet housing need and to promote sustainable patterns of development, land at Sniperley Park and Sherburn Road, as shown on the policies map, are allocated for planned urban extensions and will be removed from the Green Belt. Development is required to be comprehensively masterplanned and to demonstrate how the phasing of development on these sites will have regard to the provision and timing of the infrastructure and services necessary to support them. The sites will deliver attractive, well designed places, incorporating sustainable development principles, adopting sustainable construction methods, and using appropriate densities across the sites in accordance with Policy 29 (Sustainable Design in the Built Environment). Design codes will be utilised to ensure distinctive, high quality design outcomes for the sites. The sites will incorporate an appropriate mix of house types and tenures to reflect housing need including housing for older people and affordable housing in accordance with Policy 15 (Addressing Housing Need). Development will comprise of: 1. 1,700 houses at Sniperley Park; and 2. 420 houses at Sherburn Road. Sniperley Park a. Sniperley Park will be a sustainable urban extension incorporating a centrally located local centre which will act as the focus for community activity, including convenience retail provision for A1 floorspace and an allowance for A2, A3 and A4 units to facilitate a viable and vibrant community. The local centre will also include a building suitable to be used as a health centre; b. a new primary school will be provided of a scale which will meet the expected requirement for school places generated by the new housing development. The primary school should be readily accessible to public transport, walking and cycling routes. The primary school will contain associated playing fields which will replace those lost at the southern end of the site and will be of an equivalent or better quality; equivalent quantity and available for use by both the school and by community teams via a community use agreement; c. structural landscaping will be required along the A167 and the southern edge of the new road from the A691 to the Pity Me Roundabout to ensure suitable screening and that the perception of an extension to Durham City is minimised; d. a surface and foul water drainage management plan incorporating SuDS will be required with no further water draining into the Blackdene Burn. Where possible wider opportunities for improvement of local water quality should be explored; e. the design of development in the vicinity of Sniperley Hall and Farm will have regard to their character and setting, and the recognition of the area as an Historic Park and Garden of Local Interest, including through the provision of public open space and the use of reduced housing densities. The woodlands in that area will be retained; f. any visual association with the Durham Castle and Cathedral World Heritage Site will be given special regard to reflect its significance; g. as a major benefit to new and existing residents, a linear park will be provided in perpetuity through the centre of the site. It will run from Folly Plantation in the north, through the former Cater House Pit to the parklands of Sniperley Hall in the south. The park will comprise of approximately 25 hectares of public open space, wildlife habitats, playing fields and community woodlands connected by a network of footpaths and cycleways linking housing areas with the local centre, the wider countryside and the urban areas to the east. It will incorporate the mature woodlands and tree groups of Sniperley Park, maintaining the relationship of the Hall with land to the north and with Sniperley Farm, having regard to their setting. It will incorporate the habitats of the former Cater House Pit and Folly Plantation, providing new linkages between them and the wider countryside; h. schemes of compensatory improvements to the environmental quality and accessibility to the remaining Green Belt will be provided: 1. on land north and south of the A691 to the south of the site to include, the planting of new hedgerows, woodland, parkland trees and hedgerow trees, habitat creation to buffer existing features and new public rights of way linking to the wider footpath network in the Browney Valley to the south; and 2. on land north of Potterhouse Lane and south of Little Gill, to the north of the site, to include the planting of new hedgerows and gapping up of existing hedgerows, the planting of new hedgerow trees, the planting of new woodland along Little Gill and on steeper slopes to connect existing woodland with woods to the east, habitat creation to buffer existing features, and new public rights of way providing opportunities for circular walks and linking to the wider footpath network to the north. i. opportunities for a district heating network will be explored given the site's proximity to Lanchester Road Hospital and Aykley Heads; j. in order to achieve sustainable and cohesive communities, the development must be connected to the existing development to the east of the A167 through suitable, convenient, safe and attractive cycleways and footpaths; k. the expansion of the Sniperley Park and Ride facility will be required. Attractive and safe links between the housing and the existing Park and Ride facility will be created to maximise its use by residents; l. to ensure that there are no unacceptable impacts on highway safety or severe residual cumulative impacts on the wider road network (in terms of capacity and congestion), details of all necessary on and off-site highway works and improvements, together with a timetable for their implementation, shall be agreed with the council as part of the comprehensive masterplan and any future planning applications for the Sniperley Park site. These works and improvements shall include, but not be limited to: improvements at the junctions of Trout's Lane, Potterhouse Lane and the B6532; a new link between the B6532 and the A167 park and ride roundabout; and capacity improvements along the A167 corridor from Neville's Cross to Sniperley, including improvements to Sniperley Roundabout. A contribution to delivering sustainable transport in accordance with policies 21 (Delivering Sustainable Travel) and 22 (Durham City Transport) will also be required. Sherburn Road m. Sherburn Road will be developed to help support regeneration efforts in the adjoining estate by offering a greater diversity of housing offer within the area; n. the design of Sherburn Road will provide a positive gateway for Durham City particularly from the A1(M) and protect the character and integrity of Bent House Farm. Development should protect the character of Old Durham Beck and Old Durham; o. outward views to the Durham Castle and Cathedral World Heritage Site will be retained and framed with any effects on the inner setting of the World Heritage Site minimised and harmful impacts avoided; p. a community building will be incorporated on site or the development will deliver the improvement of an existing community building on the Sherburn Road Estate; q. developer contributions will fund the necessary additional school places that are generated by the new housing development; r. there is an opportunity for Sherburn Road to deliver a combined Sustainable Drainage attenuation scheme in order to manage surface water drainage into the Old Durham Beck which will deal with surface water from the development as well as exploring the potential to deal with drainage from the A1(M) with Highways England; s. compensatory improvements to the remaining Green Belt will be provided, to maintain and enhance the rural character of the valley side and to provide improved public access and ecological value.

Development on Unallocated Sites

The development of sites which are not allocated in the Plan or in a Neighbourhood Plan which are either (i) within the built-up area; or (ii) outside the built-up area (except where a settlement boundary has been defined in a neighbourhood plan) but well-related to a settlement, will be permitted provided the proposal accords with all relevant development plan policies and: a. is compatible with, and is not prejudicial to, any existing, allocated or permitted use of adjacent land; b. does not contribute to coalescence with neighbouring settlements, would not result in ribbon development, or inappropriate backland development; c. does not result in the loss of open land that has recreational, ecological or heritage value, or contributes to the character of the locality which cannot be adequately mitigated or compensated for; d. is appropriate in terms of scale, design, layout, and location to the character, function, form and setting of, the settlement; e. will not be prejudicial to highway safety or have a severe residual cumulative impact on network capacity; f. has good access by sustainable modes of transport to relevant services and facilities and reflects the size of the settlement and the level of service provision within that settlement; g. does not result in the loss of a settlement's or neighbourhood's valued facilities or services unless it has been demonstrated that they are no longer viable; h. minimises vulnerability and provides resilience to impacts arising from climate change, including but not limited to, flooding; i. where relevant, makes as much use as possible of previously developed (brownfield) land; and j. where appropriate, it reflects priorities for urban regeneration.

Flood Defence Infrastructure

Proposals for additional flood defences will be permitted only where it can be demonstrated that the proposal represents the most sustainable response to a particular threat and demonstrates long term maintenance can be achieved. Proposals which seek to mitigate flooding, create natural flood plains or seek to enhance and/or expand flood plains in appropriate locations will be permitted.

Septic Tanks/Cess Pits

Septic Tanks/Cess Pits will not be permitted in areas where public sewerage exists.

Sewage and Waste Water Infrastructure

Proposals for new or extensions/improvements to existing water treatment, waste water, sludge or sewage treatment works will be permitted, unless the adverse impact of development outweighs the need for greater capacity and other benefits.

Developer Contributions

New development will be approved where any mitigation necessary to make the development acceptable in planning terms is secured through appropriate planning conditions or planning obligations. Such mitigation will relate to the provision, and/or improvement, of physical, social and environmental infrastructure taking into account the nature of the proposal and identified local or strategic needs. Planning Conditions Planning conditions will be imposed where they are necessary, relevant to planning and to the development to be permitted, enforceable, precise and reasonable in all other respects. Planning Obligations Developers will be required to enter into Planning Obligations which are directly related to the development and fairly and reasonably related in scale and kind to the development, in order to secure the mitigation that is necessary for a development to be acceptable in planning terms. Planning applications which do not propose policy compliant levels of affordable housing and/or obligations necessary to mitigate the impact of development will need to be supported by a robust viability assessment. Any viability assessment accompanying a planning application should refer back to the assessment that informed the Plan and provide evidence of what has changed since then. In order to ensure that the mitigation and any associated benefits of a scheme are secured and sustainable development achieved, review mechanisms and/or an overage payment clauses may be built into Planning Obligations to ensure that contributions can be periodically reviewed to reflect any changes in circumstances or market conditions seeking to ensure that where market conditions have improved, the scheme can deliver all requirements in full.

Utilities, Telecommunications and Other Broadcast Infrastructure

Proposals will be permitted for new or extensions to existing energy generation, utility transmission facilities, telecommunication masts or other broadcast and broadband equipment which facilitate the electronic transfer of data where: a. it can be demonstrated that the scheme will not cause significant adverse impacts or that its benefits outweigh any adverse negative effects; b. it is located at an existing mast or transmission site, where it is technically and operationally feasible and does not result in visual clutter. Where a new site is required applicants must demonstrate to the council's satisfaction that the use of existing sites in the area have been fully explored and are not feasible. Equipment must be sympathetically designed and camouflaged and not result in visual clutter; and c. where applicable, it does not cause significant or irreparable interference with other electrical equipment, air traffic services or other instrumentation operated in the national interest. Broadband Connectivity New residential and commercial development should be served by a high speed broadband connection. This will need to be directly accessed from the nearest exchange and threaded through resistant tubing to enable easy access to the cable for future repair, replacement and upgrading. Where it can be demonstrated that this is not appropriate, practical or economically viable, developers will be encouraged to provide appropriate infrastructure to enable future installation.

Safeguarded Areas

Within safeguarded areas, as shown on the policies map, development will be subject to consultation with the relevant authority and will be permitted: a. within the defined consultation zones of the Major Hazard Sites and Major Hazard Pipelines, where it can be demonstrated that it would not prejudice current or future public safety; b. within the defined Durham Tees Valley and Newcastle International Aerodrome Safeguarding Areas where it can be demonstrated that it would not prejudice the safety of air traffic and air traffic services; and c. within the defined safeguarding area around the High Moorsely Meteorological Office radar site where it can be demonstrated that there will be no unacceptable adverse impact upon the operation of the site. Within the defined Fishburn Airfield, and the Shotton Airfield and Peterlee Parachute Drop Zone Safeguarding Areas (including parachute landing areas), proposals for development which could adversely impact upon the operation or lead to the closure of these facilities will be carefully considered. Proposals will be permitted where it can be demonstrated that: d. they would not prejudice the safety of air traffic and air traffic services; and e. they would not have an unacceptable adverse impact upon the operation of the Peterlee Drop Zone unless the benefits of the proposed development clearly outweigh the resulting harm. When considering relevant planning applications within the defined safeguarded areas the council will ensure that developers always consider both potential individual and cumulative impacts. Where demonstrated to be necessary mitigation will always be sought to either remove or reduce the potential impact upon each safeguarded areas to acceptable levels.

Water Management

All development proposals will be required to consider the effect of the proposed development on flood risk, both on-site and off-site, commensurate with the scale and impact of the development and taking into account the predicted impacts of climate change for the lifetime of the proposal. This includes completion of a Flood Risk Assessment (FRA) where appropriate. Development will not be permitted unless: a. in the functional floodplain (flood zone 3b), as identified in the Strategic FRA, it is water compatible or essential infrastructure; b. in flood zones 2 and 3a it passes the Sequential Test, and if necessary the Exceptions Test, as required by national policy; and c. it can be proven through a FRA that the development, including the access, will be safe, without increasing or exacerbating flood risk elsewhere, any residual risk can be safely managed and where possible will reduce flood risk overall. Regarding Surface Water Flood Risk: d. for major developments the management of water must be an intrinsic part of the overall development; e. on all new development there is no net increase in surface water runoff for the lifetime of the development. Where greenfield sites are to be developed, the runoff rates must not exceed and where possible should reduce the existing greenfield runoff rates. On previously developed land, as close as practicable to a greenfield rate must be achieved. In exceptional cases where the developer can satisfactorily demonstrate that greenfield run-off rates are unachievable, a betterment rate (which should be a minimum of 50% of the existing site run-off rate) will be agreed with the council. Surface water run-off must be managed at source wherever possible and disposed of in the following order: 1. to an infiltration or soak away system. 2. to a watercourse open or closed. 3. to a surface water sewer. 4. to a combined sewer. Disposal to combined sewers should be the last resort once all other methods have been clearly explored and evidenced; f. part of the development site is set aside for surface water management and uses measures that do not increase flood risk elsewhere. These measures will supplement green infrastructure networks, thereby contributing to mitigation of climate change, water quality and flooding as an alternative to, or complementary to, hard engineering; g. where sites may be susceptible to over land flood flows (as shown in the Strategic Flood Risk Assessment) or lie within a Surface Water Risk Area (as shown in the Surface Water Management Plan) then developers must put adequate protection in place; h. the development incorporates a Sustainable Drainage System (SuDS) to manage surface water drainage. Where SuDS are provided arrangements must be put in place for their whole life management and maintenance. Where appropriate SuDS should contribute to the provision of Green Infrastructure and biodiversity net gains; and i. all new development with culverts running through the site must seek to de-culvert watercourses for flood risk management and environmental benefit, unless it can be clearly demonstrated that this is not practical. Where improvement works are required to ensure that the drainage infrastructure has sufficient capacity to support proposed new development, developer contributions will be required in accordance with Policy 25 (Developer Contributions). Water Quality The quantity and quality of surface and groundwater bodies shall be protected and where possible enhanced. All commercial, industrial and major residential development must demonstrate control of the quality of surface water runoff during construction and for the lifetime of the development. New development will be required to incorporate appropriate water pollution control measures. Development adjacent to, over or in a watercourse should consider opportunities to improve the river environment and water quality. Development which could adversely affect the quality or quantity of surface or groundwater, flow of groundwater or ability to abstract water will not be permitted unless it can be demonstrated that no adverse impact would occur or mitigation could be put in place to minimise this impact.

Water Infrastructure

Disposal of Foul Water In the consideration of development proposals, the hierarchy of drainage options that must be considered and discounted for foul water are (in the following order): 1. connection to the public sewer; 2. package sewage treatment plant (which can be offered to the Sewerage Undertaker for adoption); and 3. septic tank (which must drain into an appropriate soak away and not discharge directly into a watercourse). Applications involving the use of non-mains methods of drainage (including Septic Tanks/Cess Pits) will not be permitted in areas where public sewerage exists. Sewage and Waste Water Infrastructure Proposals for new or extensions/improvements to existing water treatment, waste water, sludge or sewage treatment works will be permitted, unless the adverse impact of development outweighs the need for greater capacity and other benefits. Flood Defence Infrastructure Proposals for additional flood defences will be permitted only where it can be demonstrated that the proposal represents the most sustainable response to a particular threat and demonstrates long term maintenance can be achieved. Proposals which seek to mitigate flooding, create natural flood plains or seek to enhance and/or expand flood plains in appropriate locations will be permitted.

Primary Aggregates Provision

Throughout the Plan period a steady and adequate supply of primary aggregates will be maintained. This will be achieved by: a. ensuring that sufficient permitted reserves will remain available over the Plan period to enable the extraction of 53.2 million tonnes of crushed rock aggregate (comprising magnesian limestone, carboniferous limestone and dolerite) at a rate of 2.8 million tonnes per annum and 5.4 million tonnes of sand and gravel aggregate at rate of 285,000 tonnes per annum; b. seeking to permit the extraction of an additional 14.3 million tonnes of carboniferous limestone, which subject to acceptable planning applications forthcoming will supplement existing permitted reserves. However, given the extent of existing permitted reserves of magnesian limestone and dolerite the presumption within this Plan is that no further provision will be required over the Plan period; and c. ensuring the maintenance of at least a seven year sand and gravel landbank and of at least a ten year crushed rock landbank at all times whilst ensuring that the capacity of County Durham's quarries to supply a wide range of materials is not compromised.

Locational Approach to the Future Supply of Primary Aggregates

As far as practical, the main focus of aggregate working over the Plan period should fall outside of and not adversely affect the North Pennines Area of Outstanding Natural Beauty (AONB), the County Durham Heritage Coast, or upon the county's Parks and Gardens of Special Historic Interest, Historic Battlefield, Conservation Areas and Scheduled Monuments. In addition, due to the protection afforded to them new aggregate working will be strongly resisted in locations which either contain or could adversely affect internationally and nationally designated sites and irreplaceable habitats. Proposals in or affecting any designated or defined area, site or habitat will be required to meet relevant Plan policies. In relation to specific aggregate minerals: a. Magnesian Limestone – In considering any proposals for non-strategic sites in the Minerals and Waste Policies and Allocations document and planning applications, proposals for new working on prominent escarpment slopes will be resisted in order to avoid unacceptable landscape and visual effects; b. Carboniferous Limestone - In considering any proposals for non-strategic sites in the Minerals and Waste Policies and Allocations document and planning applications, proposals for new working to meet identified need should normally be located outside of and should not adversely impact upon the North Pennines AONB and internationally and nationally designated sites. c. Dolerite - In considering any proposals for non-strategic sites in the Minerals and Waste Policies and Allocations document and planning applications, proposals for new working will only be permitted provided that they do not adversely impact upon the North Pennines AONB and internationally and nationally designated sites; and d. Sand and Gravel - In considering non-strategic sites in the Minerals and Waste Policies and Allocations document, proposals for basal permian sand extraction from beneath the floor of existing magnesian limestone quarries will be prioritised, followed by the lateral extension of existing magnesian limestone quarries, followed by new sand and gravel quarries outside of environmentally important areas. In considering both non-strategic allocations and planning applications, if further basal permian sand working is proposed, new or extended workings on prominent escarpment slopes will be resisted in order to avoid unacceptable landscape and visual effects.

Meeting Future Aggregate Requirements

Over the Plan period it is anticipated that the majority of the future needs for both crushed rock aggregate and sand and gravel aggregate working will be met through the working of existing permitted reserves and through the working of sites allocated as strategic sites within the Plan or, if needed, through the working of non-strategic sites allocated in Minerals and Waste Policies and Allocations Document. 1. Allocated Sites Proposals for new or extended aggregate workings will be permitted subject to appropriate planning conditions where: a. the site is allocated as a strategic site under Policy 58 or as a non-strategic site in the Minerals and Waste Policies and Allocations document; b. the site is allocated as an extension to an existing aggregate working and it can be demonstrated that additional permitted reserves are required to maintain continuity of supply; and c. it can be demonstrated that there will be no unacceptable adverse impacts on the environment, human health or the amenity of local communities. 2. Non-allocated Sites Proposals for new or extended aggregate workings on land not allocated within the Plan or as a non-strategic sites in Minerals and Waste Policies and Allocations Document will be permitted subject to appropriate planning conditions where: a. the need for the proposed additional mineral working can be adequately demonstrated, taking into account the council's most up to date published Local Aggregate Assessment; b. the planning benefits of the proposal including economic considerations clearly outweigh any planning objections; c. the proposal accords with the locational approach to the future supply of primary aggregate minerals; and d. it can be demonstrated that there will be no unacceptable adverse impacts on the environment, human health or the amenity of local communities.

Surface Mined Coal and Fireclay

Proposals for the extraction of coal and/or fireclay should not be granted permission unless: a. they are environmentally acceptable and do not have an unacceptable adverse impact on human health or the amenity of local communities, or can be made acceptable by planning conditions or obligations; or b. they provide national, local or community benefits which clearly outweigh the unacceptable adverse impacts of the proposal (including any residual environmental impacts) to justify the grant of planning permission. In assessing such benefits particular regard will be had to: 1. the economic benefits of the proposal including its contribution to the maintenance of high and stable levels of economic growth through the provision of domestically produced coal for power generation and other sectors of the UK economy and the employment generated through the working, restoration and after-use of the site; 2. the environmental benefits of the proposal in particular those that can be delivered through the high quality restoration and after-use of the site; 3. the directly related local and community benefits generated by the proposal which will improve the economic and social well-being of the local communities affected by the proposed development; 4. the contribution of the proposal towards the comprehensive reclamation of areas of derelict or contaminated land, or the remediation of coal mining legacy issues; 5. the avoidance of the sterilisation of mineral resources in advance of development which is either subject to a planning permission or allocated in the County Durham Plan or a Neighbourhood Plan and is in accordance with Policy 56 (Safeguarding Mineral Resources); and 6. the need for clay to meet the ongoing needs of local brickworks or if this is not possible, other brickworks elsewhere in the country. All proposals for surface coal mining should avoid the unnecessary sterilisation of fireclays and brickclays. In order to minimise the environmental impacts of surface coal extraction and provide certainty, the piecemeal working of surface mined coal sites will not be permitted.

Preferred Areas for Future Carboniferous Limestone Extraction

Proposals for the winning and working of carboniferous limestone from land to the east of Hulands Quarry and from land to the west of Heights Quarry, within the Preferred Areas as shown on the policies map, will be permitted subject to appropriate planning conditions/planning obligations where they are in accordance with other relevant policies of the Plan and where: a. they are accompanied by an acceptable scheme of phased working and a high quality restoration and aftercare scheme which can be approved and which specifically: 1. includes such advance and preparatory works as are deemed necessary including perimeter mounding/bunding and planting to safeguard the local landscape, environment and amenities of the local area whilst also minimising views into the sites from nearby public rights of way, and the strategic and local highway network; and 2. delivers a range of environmental benefits including landscape enhancement, and habitat enhancement and creation; and b. it can be demonstrated that there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities.

Strategic Area of Search to the South of Todhills Brickworks

In order to ensure that sufficient feedstock is available to provide and maintain a minimum 25 year stock of permitted reserves for Todhills Brickworks, a strategic area of search, as shown on the policies map, is identified to the south of the brickworks. Proposals for the winning and working of brick making raw materials from within the area of search will be permitted subject to appropriate planning conditions/planning obligations and where they are in accordance with Policy 52 (Brick Making Raw Materials) and where: a. they are accompanied by an acceptable scheme of phased working and a high quality restoration and aftercare scheme which specifically: 1. includes such advance preparatory works including perimeter mounding/bunding and planting that are deemed necessary to safeguard the local landscape, environment and amenities of the local area; and 2. delivers a range of environmental benefits including landscape enhancement and habitat creation measures; and b. it can be demonstrated that there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities.

Waste Management Provision

Proposals for the provision of new or enhanced waste management capacity will be permitted where they can demonstrate that they: a. contribute to driving the management of waste up the waste hierarchy and do not prejudice the movement of waste up the waste hierarchy; and b. assist in moving the management of waste in County Durham towards net self-sufficiency and/or make an appropriate contribution to regional net self-sufficiency by managing waste streams as near as possible to their production; and c. assist in meeting the identified need for new waste management capacity to manage specific waste streams over the Plan period or can demonstrate an additional need which cannot be met by existing operational facilities within County Durham or the North East.

Location of New Waste Facilities

Proposals for new or enhanced waste management facilities will be permitted where they will assist the efficient collection, recycling and recovery of waste materials and they: a. are located outside and do not adversely impact upon the setting or integrity of internationally, nationally and locally designated sites and areas; b. are located outside the Green Belt or are in locations which do not impact upon its openness; c. minimise the effects of transporting waste including by locating as close to arisings as practical; and d. can be satisfactorily located as part of an existing waste management facility, or where the waste management facility can be satisfactorily co-located with complimentary activities and potential users of recovered materials, recyclates and soils, energy and heat, where appropriate and feasible and where this represents a sustainable option; or e. can be satisfactorily located on suitable land identified for employment use, or on suitable previously developed land in the larger towns and villages where the site can serve a local or larger catchment except where: 1. they are located on a strategic or specific use employment site. Such sites are generally not considered to be appropriate for new waste management facilities unless it can be demonstrated that the proposal will not cause unacceptable adverse impact on the strategic or specific use employment site's principal use; 2. they are waste management facilities that genuinely require a rural or outdoor location and that do not locationally conflict with the provisions of criteria (a) or (b) and other relevant policies in the Plan. In such circumstances proposals will be permitted where they can be satisfactorily located either: i. within either existing redundant rural agricultural or forestry buildings and their curtilages as part of farm diversification activities; ii. within small scale new build adjacent to existing farm buildings or extensions to existing farm buildings as part of farm diversification proposals; or iii. using existing areas of hardstanding for outdoor composting operations. All proposals for farm based waste management facilities will be required to demonstrate that the management of waste is appropriate in scale to the existing primary use of the site and that the waste to be managed arises either on site or within the local area. All proposals must demonstrate that there will be no unacceptable adverse impact on the environment, human health or the amenity of local communities.

Hot Food Takeaways

Within Sub-Regional, Large Town, Small Town and District Centres (as defined in Policy 9 (Retail Hierarchy and Town Centre Development) and as shown on the policies map), in order to minimise the detrimental impacts of an over concentration of hot food takeaways, planning applications for A5 uses will be carefully considered. Where a proposal would lead to more than 5% of premises in A5 use, or where the A5 levels are currently above 5% and a proposal would further increase this, applicants will be required to demonstrate that the proposal would not detract from a centre's vitality and viability. In assessing such applications regard will be had to: a. The existing levels of vacancies within the centre; b. The design of the frontage. In particular, the avoidance of roller shutters will be encouraged; and c. The nature of the proposed use in terms of opening hours and avoiding a blank frontage during daytime hours. Within defined local centres consideration should be given to the impact that the proposed A5 use would have in terms of the overall vitality and viability considering the numbers of existing A5 uses and will be refused if the impact is unacceptable. In order to promote healthy lifestyles in young people, proposals for A5 uses outside of defined centres but within 400 metres of an entry point of an existing or proposed school or further education college will not be permitted. Where a proposed A5 use is considered locationally acceptable, consideration will need to be given to the impact that the development would have in terms of amenity, particularly in relation to noise and odours. Where it is considered that the proposal would give rise to unacceptable impact, the application should be refused.

Visitor Attractions

The visitor sector is an important and resilient part of the county's economy. In order to raise the quality of the visitor experience, the provision of new visitor attractions, or the expansion of existing attractions will be permitted provided they are: a. located in sustainable and accessible locations, or can be made so; b. appropriate to the site's location in terms of scale, design, layout and materials; c. it can demonstrate the viability of the new attraction or, where appropriate, helps support the viability of an existing attraction; and d. it enhances and complements existing visitor attractions or priorities in the county and supports the development of a year-round visitor economy and/or extends visitor stays. Where a countryside location is necessary the development should: e. meet identified visitor needs; f. support local employment and community services; g. ensure adequate infrastructure; and h. respect the character of the countryside. Large Scale Development Comprehensive masterplanning and a robust business plan to articulate the potential impacts, proposed mitigation and economic, social and environmental benefits should accompany applications for large scale new or expanding visitor attractions.

Visitor Accommodation

1. Subject to parts 2 and 3 of this policy, all new visitor accommodation or extensions to existing visitor accommodation, will be supported where: a. it is appropriate to the scale and character of the area; and b. it is not used for permanent residential occupation. 2. Proposals for visitor accommodation that are in the countryside will be supported where they meet criteria (a) to (b) and where: c. it is necessary to meet identified visitor needs; or d. it is an extension to existing visitor accommodation and helps to support future business viability or is a conversion of an existing building; and e. it respects the character of the countryside; and f. it demonstrates clear opportunities to make its location more sustainable. 3. Proposals for new, and extensions to existing, sites for chalets, camping and caravaning (both static and touring) along with associated storage and infrastructure will be supported where they meet criteria (a) to (f) and where: g. they provide a specific Flood Risk Warning and Evacuation Plan in accordance with Table 2 in the National Planning Policy Framework (NPPF) Technical Guidance; and h. they are not unduly prominent in the landscape from either long or short range views by ensuring: (i) adequate year-round screening through existing topography, vegetation or other features which are compatible with the landscape. Where new or additional screening is required this must be suitably established before development can take place; (ii) the layout would not adversely affect the character of the area; and (iii) the materials and colour of chalets or static caravans, site services and infrastructure are designed to blend with the surroundings of the site and are limited in scale to the needs of the site occupants only.

Retail Hierarchy and Town Centre Development

Retail Hierarchy The council will protect and enhance the following hierarchy of Sub Regional, Large Town, Small Town, District and Local retail centres in the county. Sub Regional Centres - Bishop Auckland, Durham City Large Town Centres – Barnard Castle, Chester-le-Street, Consett, Crook, Newton Aycliffe, Peterlee, Seaham, Spennymoor, Stanley Small Town Centres - Ferryhill, Shildon District Centres - Arnison Centre, (Durham City), Sherburn Road/Dragonville, Durham City Local Centres - Annfield Plain, Bearpark, Blackhall, Bowburn, Brandon, Burnopfield, Chilton, Coundon, Coxhoe, Dipton, Easington Colliery, Esh Winning, Fencehouses, Fishburn, Framwellgate Moor, Great Lumley, Horden, Lanchester, Langley Moor, Langley Park, Leadgate, Middleton-in-Teesdale, Murton, Pelton, Sacriston, Sedgefield, Sherburn Village, Shotley Bridge, Shotton, South Moor, Stanhope, Tow Law, Trimdon Grange, Trimdon Village, Ushaw Moor, West Auckland, West Cornforth, Wheatley Hill, Willington, Wingate, Wolsingham. The Plan will look to support new town centre development across all of the county's centres that will improve choice and bring about regeneration and environmental improvements. In all other locations outside of those identified in the retail hierarchy the loss of essential shops and services will be resisted. Town Centre Boundaries Proposals for town centre uses, as defined by National Planning Policy Framework (NPPF) not located within a defined centre, as shown on the policies map, will be required to provide a sequential assessment. Proposals for retail, in excess of 1,500 sqm (gross) convenience floorspace or 1,000 sqm (gross) comparison floorspace, proposed outside of a defined centre, and that could impact on a Sub Regional, Large Town or District Centre, will be required to provide an impact assessment in accordance with the guidance within the NPPF and the PPG. Proposals for retail, as defined by NPPF, in excess of 400 sqm (gross) convenience or comparison floorspace, proposed outside of a defined centre, and that could impact on Small Town or Local Centres, will be required to provide an impact assessment in accordance with the guidance within the NPPF and the PPG. For leisure development, the national default threshold of 2,500 sqm is applicable. Where an application fails the sequential test or would have a significant adverse impact on investment or the vitality and viability of a town centre, it should be refused. District Centres Additional retail provision within the defined District Centres will need to be assessed to protect and enhance the vitality and viability of other centres within the retail hierarchy. Therefore, proposals for retail, in excess of 1,500 sqm (gross) convenience floorspace or 1,000 sqm (gross) comparison floorspace within the defined District Centres will be required to consider the impact on Durham City Centre and other centres potentially impacted. For leisure development, the national default threshold of 2,500 sqm is applicable. Support will be given to other non-retail main town centre uses in order to diversify the offer within these centres. Primary Shopping Areas Within the Primary Shopping Areas, as shown on the policies map, A1 (retail) uses will be supported. Other uses will be permitted where they preserve the vitality and viability of the Primary Shopping Areas. A5 uses will also be considered in the context of this and the need to consider the requirements of Policy 30 (Hot Food Takeaways A5 uses). Residential Uses Within defined Sub Regional, Large and Small Town Centres, residential uses will be supported where they accord with other relevant policies in the Plan. Evening Economy Proposals that would positively contribute to the evening economy will be supported provided they contribute to the vitality and viability of town centres, promote public safety and accord with this and other relevant policies in the Plan.

Delivering Sustainable Transport

The transport implications of development must be addressed as part of any planning application, where relevant this could include through Transport Assessments, Transport Statements and Travel Plans. All development shall deliver sustainable transport by: a. delivering, accommodating and facilitating investment in safe sustainable modes of transport in the following order of priority: those with mobility issues or disabilities, walking, cycling, bus and rail transport, car sharing and alternative fuel vehicles; b. providing appropriate, well designed, permeable and direct routes for walking, cycling and bus access, so that new developments clearly link to existing services and facilities together with existing routes for the convenience of all users; c. ensuring that any vehicular traffic generated by new development, following the implementation of sustainable transport measures, can be safely accommodated on the local and strategic highway network and does not cause an unacceptable increase in congestion or air pollution and that severe congestion can be overcome by appropriate transport improvements; d. ensuring the creation of new or improvements to existing routes and facilities do not cause unacceptable harm to the natural, built or historic environment; and e. developments in the vicinity of level crossings (both vehicular and pedestrian) will be expected to assess the potential increase in risk at each crossing affected and indicate the appropriate mitigation required to reduce or remove such risks. All development should have regard to the policies set out in the County Durham's Strategic Cycling and Walking Delivery Plan and, where possible, contribute to the development of a safe strategic cycling and walking network and in particular the routes set out in Local Cycling and Walking Infrastructure Plans. The following principles will be used to determine cycle and parking provision in development: cycle parking or secure cycle storage should be provided to facilitate increased cycle ownership and use; car parking at residential developments should ensure that a sufficient level is provided for both occupants and visitors, to minimise potential harm to amenity from footway parking. On street and footway parking should be avoided where it would have an unacceptable impact on highway safety, or a severe impact on the road network; car parking at destinations should be limited to encourage the use of sustainable modes of transport, having regard to the accessibility of the development by walking, cycling, and public transport; and appropriate provision for electric vehicle charging, including charge points and laying of cables, should be made on both residential and non-residential development where parking is provided. The council is preparing a Parking and Accessibility Supplementary Planning Document that reflects the principles set out above. Developments should have regard to the Parking and Accessibility Supplementary Planning Document following adoption by the council.

Durham City Sustainable Transport

In order to reduce the dominance of car traffic, address air quality and improve the historic environment, the council proposes to deliver the following transport interventions in Durham City: Demand Management Encourage modal shift to more sustainable modes of transport by promoting and influencing changes in travel behaviour including: marketing and promotion programmes; employer travel plans; school travel plans; and residential travel plans. Sustainable Transport Improvements To help reduce through-traffic from Durham city centre, sustainable transport modes will be encouraged, including through: a. improvements to existing city centre transport infrastructure; b. walking and cycling improvements linking the University to the city centre; c. walking, cycling and public transport improvements linking Aykley Heads, Sniperley, Framwellgate Moor, Newton Hall and the city centre; and d. walking, cycling and public transport improvements linking Gilesgate, Dragonville, Carrville, Belmont and the city centre.

Allocating and Safeguarding Transport Routes and Facilities

The following transport routes and facilities, as shown on the policies map, are safeguarded: a. The Leamside Line and associated infrastructure; and b. Bowburn Industrial Estate Access Road. Development that would prevent the future development of the allocated and safeguarded transport routes and facilities will not be permitted.

Provision of Transport Infrastructure

New and improved transport infrastructure will be permitted where it meets all of the following criteria: a. is necessary to improve the existing highway network and/or public transport infrastructure; b. minimises and mitigates any harmful impact upon the built, historic and natural environment and the amenity of local communities including by incorporating green infrastructure; and c. makes safe and proper provision for all users which prioritises the movement of pedestrians, cyclists and public transport. Transport infrastructure proposals should also meet at least one of the following criteria: d. supports economic growth; e. enhances connectivity either within the county or with other parts of the region; or f. accommodates future development sites.