North West
Planning in Eden
Eden · District. Approval rates, decision timelines, local plan status, policies and CIL — sourced from government data, free to read.
Performance
Approval rate
MHCLG has not published a current PS1/PS2 return for this LPA.
Decisions on time
MHCLG has not published a current PS1/PS2 return for this LPA.
Applications / year
MHCLG has not published a current PS1/PS2 return for this LPA.
Housing Delivery Test (2023)
MHCLG has not yet measured this LPA.
Source: MHCLG PS1/PS2 + HDT 2023.
Local plan
Plan PDF link not yet curated for this council.
Policies
Community
| COM2 | Protection of Open Space, sport, leisure and recreation facilities Development proposals that result in the loss of open space, sport, leisure, allotments, recreational and cultural facilities will not be permitted. The exception to this will be where the benefits of the development outweigh the loss. Proposals must satisfy each of the following criteria: • There is a strong social or economic justification for the development. • There is no longer a need for the facility in the area, or if a need remains, alternative provision will be provided nearby. • Any replacement facility must provide an equivalent or greater net benefit to the community, in terms of quality, availability and accessibility of open space or recreational opportunities. Where development of a small area of the site would enable investment to improve the rest of the site this may be taken into account as a circumstance under which benefits may outweigh the loss of a site or facility. |
| COM4 | Education and Health Proposals for the development or expansion of higher and further educational establishments, schools, new doctor's surgeries and health centres will be supported, provided that satisfactory access to the site can be put in place and adequate car parking is made available. |
| Policy COM1 | Principles for Services and Facilities Proposals for the development of or extension to community services and cultural facilities, including proposals that will assist in their retention, will be permitted where: • The scale and design is suited to the location. • It respects the local built environment, character and conservation interests. • It is compatible with residential amenity. • Appropriate parking and servicing arrangements can be made. • The use of buildings for multiple community functions will be encouraged and supported. Where permitted development rights do not apply, the change of use of rural facilities such as a shop, public house, doctor's surgery, dental surgery, school, bank, church/chapel, village hall, allotments or other facility considered important to the community will only be permitted where it can be demonstrated that: • There is no longer a need for the facility or suitable and accessible alternatives exist. • That it is no longer economically viable to provide the facility. • That the site has been unsuccessfully marketed for sale in its current use. |
| Policy COM3 | Provision of New Open Space Major residential schemes, defined in Appendix 2, will be expected to include on-site provision of open space unless it is considered impractical or unfeasible. An off-site contribution may be considered more appropriate if it results in the provision of accessible open space for the development or would result in the upgrading of existing facilities, which can be used for the benefit of the residents. On minor residential sites where there is a demonstrable under provision of existing open space, contributions may be sought towards the provision of additional and accessible open space or for the upgrading of existing facilities. The contribution may be sought as a commuted cash sum payment. Development proposals that result in the loss of open space, sport, leisure, allotments, recreational and cultural facilities will not be permitted. The exception to this will be where the benefits of the development outweigh the loss. Proposals must satisfy each of the following criteria: • There is a strong social or economic justification for the development. • There is no longer a need for the facility in the area, or if a need remains, alternative provision will be provided nearby. • Any replacement facility must provide an equivalent or greater net benefit to the community, in terms of quality, availability and accessibility of open space or recreational opportunities. Where development of a small area of the site would enable investment to improve the rest of the site this may be taken into account as a circumstance under which benefits may outweigh the loss of a site or facility. |
Design
| DEV 5 | Design of New Development Proposals will be expected to demonstrate that they adhere to the design principles set out in the Eden Design Guide. |
| Policy DEV1 | General Approach to New Development When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. It will always work proactively with applicants to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves economic, social and environmental conditions in the area. Planning applications that accord with policies in this Local Plan (and, where relevant, with policies in neighbourhood plans) will be approved without delay, unless material considerations indicate otherwise. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant permissions unless material considerations indicate otherwise – taking into account whether: • Any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or • Specific policies in that Framework indicate that development should be restricted. |
| Policy DEV5 | Design of New Development The Council will support high quality design, which reflects local distinctiveness. All development proposals will be expected to perform highly when assessed against best practice guidance and standards for design, sustainability, and place making. New development will be required to demonstrate that it meets each of the following criteria: • Shows a clear understanding of the form and character of the district's built and natural environment, complementing and enhancing the existing area. • Protects and where possible enhances the district's distinctive rural landscape, natural environment and biodiversity. • Reflects the existing street scene through use of appropriate scale, mass, form, layout, high quality architectural design and use of materials. • Optimises the potential use of the site and avoids overlooking. • Protects the amenity of existing residents and business occupiers and provides an acceptable amenity for future occupiers. • Uses quality materials which complement or enhance local surroundings • Protects features and characteristics of local importance. • Provides adequate space for the storage, collection and recycling of waste. • Can be easily accessed and used by all, regardless of age and disability. • Incorporates appropriate crime prevention measures. Proposals will be expected to demonstrate that they adhere to the design principles set out in the Eden Design Guide. |
| Policy EC5 | Advertising/Signposting Applications for consent to display advertisements will be permitted where the size of the sign and the materials to be used are appropriate to the location and will not have an adverse affect on either the amenity of the locality or on public and road safety. Proposals for the display of advertisements within conservation areas will need to demonstrate how the historical aesthetics have been taken into consideration in the design of the advertisement. Proposals which are of an inappropriate scale, illumination or material, would lead to clutter or obstruct or detract from the character or appearance of the conservation area or the architectural features of the buildings on which they are displayed will not be permitted. Proposals for advance signs on private land outside highways limits which refer to rural businesses, tourist attractions or accommodation will be permitted outside the Main and Market towns where, in addition to meeting the requirements of the preceding paragraphs of this policy: the sign is required to locate a destination not on a named road or readily identified location, identifies the premises only, is not illuminated and uses existing means of support where possible. |
| Policy PEN2 | Penrith Masterplans The remaining strategic sites in the north and east of Penrith will not be given permission for development until masterplans for those areas have been agreed with the Council. Masterplans will be expected to be in accordance with the objectives and outputs contained in the 2011 masterplan for Penrith. In order to address the cumulative impacts of development potential, applicants will be expected to work with infrastructure providers to demonstrate how the developments will jointly provide and fund the physical and social infrastructure necessary to support this amount of development in the town. This may take the form of financial contributions or the provision of appropriate serviced land. Masterplans should be prepared on a collaborative basis and include an agreed approach to internal layout, housing type, mix and tenure, landscaping, open space, community facilities, access, and design. They should be used to create attractive, functional and sustainable places, which respect the character of the town. Their preparation should include public consultation. The following sites will be expected to adhere to agreed masterplans: Carleton - Site E1. Carleton - Land at Long Acres and Carleton Hall Farm - Sites E3 and E4. Raiselands, White Ox Farm and Salkeld Road extensions - Sites N1/N1a, N2 and N3. |
Employment
| EC1 | Employment Land Provision In order to meet the employment land needs of the district up to 2032, the Council, its partners and service providers will ensure that provision will be made for 27.3 hectares of land for employment development (B1, B2 and B8 uses), in line with the locational policy set out in LS1. Alternative sites which come forward during the plan period will be determined against the criteria listed in Policy EC3. In recognition that land at Eden Business Park Phase 2 is constrained, the Council will give favourable consideration to any proposals for B1, B2 and B8 purposes on unallocated sites which are well related to Penrith and its transport infrastructure and which have acceptable effects in terms of landscape character. |
| EC2 | Protection of Employment Sites Planning permission for non-employment uses on land allocated for employment development will not be permitted unless there is no reasonable prospect of a site being used for that purpose. On non-allocated sites, where land is currently or last in employment use permission will be given for alternative uses if there is no strong economic case for the retention of the site as an employment use and there is no significant adverse impact upon the continued operation of neighbouring existing uses. This applies where any of the following criteria apply: • The loss of the site would not have an unacceptable impact on the quality and quantity of employment land and premises in the area. • The development would result in the removal of a non-conforming use from a residential area. • The benefits arising from the new use for the locality outweigh the disadvantages caused by the loss of an employment site. • It can be shown that the continued use of the site for employment use is no longer viable. |
| EC3 | Employment Development in Existing Settlements Employment development within and adjacent to existing settlements, including proposals outside of the employment allocations listed in the Town Plans, will be permitted where all of the following criteria can be met: • Development is of a scale, type and design sympathetic to the location within which it is proposed. • Development would not have an unacceptable impact on highways or other forms of infrastructure. • Development would not cause harm to local amenity, landscape, ecology, historic environment or other environmental and cultural heritage considerations. • The development is capable of achieving appropriate standards of access, servicing, parking and amenity space. Where development does not meet all of the above criteria, development may still be acceptable when assessed against the wider employment/economic benefits of the scheme. |
| Policy PEN3 | Newton Rigg Campus The Council acknowledges the contribution that Newton Rigg Campus in Penrith makes to the economy and educational attainment of Eden and will: Encourage the development of the campus, including the use of sites for expansion or employment use. Aim to help the college build on its established strengths as a centre for land based studies. Support any application for knowledge based and digital enterprises to locate where they can benefit from the expertise of the college. |
| Policy RUR4 | Employment Development and Farm Diversification in Rural Areas Employment developments of an appropriate scale (including new build and live/work units) will be supported in rural areas where they meet the following criteria: • Wherever possible they involve the re-use of suitable redundant traditional rural buildings. • Help towards the diversification of the rural economy. • Do not have a significant transport impact. • Are of a scale and type sympathetic to the area within which they are proposed. • Would respect and reinforce local landscape character, the historic environment and not cause harm to the natural environment, through the use of good design. Diversification of activities on existing farm units will be permitted provided: • They will help sustain an existing farm business. • They are of a scale which is consistent to the location of the farm holding. • They would not prejudice the agricultural use of the unit |
Energy
| ENV6 | Renewable Energy Development Proposals for renewable energy development will be permitted provided that: Landscape without significant adverse impact. Particular attention will be paid to the landscape impact of proposed developments which are located close to or within the North Pennines AONB and the National Parks. Proposals respect the form of the built environment, including settlement character and heritage assets, with particular attention paid not only to the potential impact on the heritage asset itself, but also to its wider setting. The development proposed will not have an unacceptable impact on the amenity of local residents and can demonstrate that there is sufficient mitigation measures to minimise the impact of noise, smell or other nuisance or pollutants likely to affect nearby occupiers and neighbouring land uses. It can be demonstrated that the natural environment, including designated sites will not be adversely affected (and where possible enhanced). The local road network can satisfactorily accommodate the development proposed. The proposed scheme will provide benefits to the community through their involvement with the proposal. Where necessary, an assessment of the cumulative impacts of renewable energy developments has been undertaken, and there is found to be no significant adverse impact. The proposed scheme will not have an unacceptable effect on civil or military aviation and/or other defence related installations. The proposed scheme will not have an unacceptable effect on existing telecommunications infrastructure. Suitable measures have been included for the removal of redundant structures or equipment and for the restoration of the site, should the site become non-operational. In addition to the criteria above, proposals involving wind energy development, are required to be located in a 'suitable area' (identified on the Policy Map) and following consultation, it must also be demonstrated that the planning impacts identified by affected local communities have been fully addressed and therefore the proposal has their backing. Where mitigation is required to make any identified impacts acceptable these will, where necessary, be secured through conditions or planning obligations. |
| Policy ENV5 | Environmentally Sustainable Design Proposals for commercial development and for major residential development, defined in Appendix 2, should demonstrate, where it is practical for them to do so, that they have considered each of the following criteria: • Maximising daylight and passive solar gain through the orientation of buildings. • Integrating sustainable urban drainage systems. • Designing and positioning buildings to minimise wind funnelling, frost pockets and uncomfortable microclimates. • Integrating renewable energy technology into the scheme, and in schemes comprising over fifty dwellings or on sites over 1.5 hectares, exploring the scope for district heating. • Minimising construction waste, through for example designing out waste during the design stage, selecting sustainable and efficient building materials and reusing materials where possible. • Providing well-designed and visually unobtrusive outdoor waste storage areas to promote recycling. • Promoting sustainable transport modes, through for example careful layout and road design to ensure it is conducive to walking and cycling and prioritises the pedestrian and cyclist over the car. |
| Policy ENV6 | Renewable Energy Renewable and low carbon energy schemes will be supported where they meet each of the following criteria: • Proposals can be incorporated into the local landscape without significant adverse impact. Particular attention will be paid to the landscape impact of proposed developments which are located close to or within the North Pennines AONB and the National Parks. • Proposals respect the form of the built environment, including settlement character and heritage assets, with particular attention paid not only to the potential impact on the heritage asset itself, but also to its wider setting. • The development proposed will not have an unacceptable impact on the amenity of local residents and can demonstrate that there is sufficient mitigation measures to minimise the impact of noise, smell or other nuisance or pollutants likely to affect nearby occupiers and neighbouring land uses. • It can be demonstrated that the natural environment, including designated sites will not be adversely affected (and where possible enhanced). • The local road network can satisfactorily accommodate the development proposed. • The proposed scheme will provide benefits to the community through their involvement with the proposal. • Where necessary, an assessment of the cumulative impacts of renewable energy developments has been undertaken, and there is found to be no significant adverse impact. • The proposed scheme will not have an unacceptable effect on civil or military aviation and/or other defence related installations. • The proposed scheme will not have an unacceptable effect on existing telecommunications infrastructure. |
Environment
| ENV1 | Protection and Enhancement of the Natural Environment, Biodiversity and Geodiversity New development will be required to avoid any net loss of biodiversity and geodiversity, and where possible enhance existing assets. Should emerging proposals identify potential impacts upon designated sites, regard should be given to the objectives for each of the hierarchy of sites. The following designations are of international importance and will be afforded the highest level of protection: International/European Sites • Special Areas of Conservation (SAC). • Special Protection Areas (SPA). • Candidate SACs or SPAs. • Ramsar sites. Where harm cannot be avoided, development will only be permitted where mitigation measures would result in no significant harm being caused. Where the proposal cannot rule out possible significant effects, no alternatives exist and the proposal is deemed to be of overriding public interest, the proposals will only be permitted if adequate compensatory measures can be put in place. National Sites The following areas are of national importance to the promotion and protection of biodiversity and geodiversity: • Sites of Special Scientific Interest (SSSI). • National Nature Reserves (NNR). • Limestone Pavement Orders (LPO). Protection of these sites will be given significant weight when determining planning applications. Proposals which either directly or indirectly impact on the integrity of the sites will only be permitted in exceptional circumstances, where alternative sites have been ruled out and significant benefits have been identified which outweigh the impacts on the ecological network. Local Sites The following areas are considered of local importance to the promotion and protection of biodiversity: • County Wildlife Sites (CWS). • Regionally Important Geological Sites (RIGS). • Local Nature Reserves (LNR). • Habitats and Species in the Cumbria Biodiversity Action Plan (BAP). • Habitats and Species of Principal Importance (NERC Act Section 41 list). Development which directly or indirectly affects these sites should only be permitted in circumstances where there is an identified need for development in that location. The benefits derived from development must significantly outweigh the harm and loss to species, soils and habitats. All development, where appropriate, should follow the following principles: • It will protect and maintain and enhance habitats or species in the Cumbria Biodiversity Action Plan, including the linked wildlife corridors which support them. • It will protect, maintain and enhance features of geological value identified in the Cumbria Geodiversity Action Plan. • Residential and commercial sites will consider the benefits of including wildlife corridors as part of the open space requirement within new development. Where the significant development of agricultural land is deemed to be necessary, applicants should seek to avoid the best and most versatile land (defined as land in grades 1, 2 and 3a of the Agricultural Land Classification) in preference of developing land of a poorer quality. |
| ENV2 | Protection and Enhancement of Landscapes and Trees New development will only be permitted where it conserves and enhances distinctive elements of landscape character and function. Proposals should take account of and complement: • The distribution and form of settlements and buildings within their landscape setting. • Local styles and materials of buildings within the settlement. • Natural elements such as hedgerows, woodland, and local topography. • Any visually sensitive skylines or hill and valley sides. • The tranquility of the open countryside. The impact of potential new development will be assessed against the criteria within the Cumbrian Landscape Assessment Toolkit (or successor documents) with regard to the particular Character Area's key characteristics, local distinctiveness and capacity for change. |
| ENV7 | Air Pollution All major development proposals, defined in Appendix 2, will be required to assess the likely impacts of the proposed development on air quality. Development proposals will be expected to include mitigation measures to offset negative impacts, which may include: Ensuring the development is located within easy reach of established public transport routes. Maximising provision for cycling and pedestrian facilities. Encouraging the use of cleaner transport fuels on site, through the inclusion of electric car charging points. Contributing towards the improvement of the highway network where the development is predicted to result in increased congestion on the highway network. Development proposed nearby any Air Quality Management Area (AQMA) declared within the district will require an air quality assessment to identify the likely impacts of development upon the designated area. Permission will only be granted if the individual and cumulative impact of the proposed development on air quality is acceptable and appropriate mitigation measures are applied. Contributions towards measures identified to deliver the Air Quality Action Plan will be required as part of the development. |
| ENV8 | Land Contamination The Council will approve development on land that is contaminated or where contamination is suspected, subject to other policies if: Adequate contaminated land assessments prepared by a suitably competent person are submitted prior to any planning decision being taken, to determine whether or not unacceptable risks to human health or the environment arise from the proposals. Where necessary, suitable remediation is carried out to ensure safe development. Where there is information available to the local planning authority that suggests the possibility of contamination or of unacceptable risk these concerns have been addressed or excluded within supporting information submitted with any application. Any unacceptable risks identified can be adequately dealt with in order that the completed development is suitable for its intended use and no unacceptable risks remain either to human health or the wider environment. Any steps needed to deal with unacceptable risks are either already in place or can be secured through suitable planning conditions. The assessment of potentially contaminated sites should be carried out through a phased process. Ongoing dialogue with the local planning authority at each phase |
| Policy DEV2 | Water Management and Flood Risk New development must be in a location which meets each of the following criteria: • Avoids risks to the water supply, or includes sufficient mitigation measures to ensure that there is no risk to water supply. • Would not compromise the effectiveness of existing flood defences. • Meets the sequential approach to development in flood risk areas. Inappropriate development will not be permitted in flood zones 2 and 3, critical drainage areas or areas which have a history of groundwater flooding, or where it would increase flood risk elsewhere unless there is an overriding need and a clear absence of a suitable alternative site. If sites, as an exception, need to be developed in areas at risk of flooding, suitable flood protection measures will be required. Major development, defined in Appendix 2, should be informed by a flood risk assessment. New development must incorporate Sustainable Drainage Systems (SuDS), where practicable, to manage surface water run-off. All applications for major development, defined in Appendix 2, will be subject to review by the Lead Local Flood Authority. Surface water should be discharged in the following order of priority: 1. To an adequate soakaway or some other form of infiltration system 2. By an attenuated discharge to a watercourse 3. By an attenuated discharge to a public surface water sewer 4. By an attenuated discharge to a public combined sewer Applicants will need to submit clear evidence demonstrating why there is no alternative option but to discharge surface water to the public sewerage system and that the additional discharge can be accommodated. The presumption will be against the discharge of surface water to the public sewerage network. |
| Policy ENV2 | Protection and Enhancement of Landscapes and Trees New development will only be permitted where it conserves and enhances distinctive elements of landscape character and function. Proposals should take account of and complement: • The distribution and form of settlements and buildings within their landscape setting. • Local styles and materials of buildings within the settlement. • Natural elements such as hedgerows, woodland, and local topography. • Any visually sensitive skylines or hill and valley sides. • The tranquility of the open countryside. The impact of potential new development will be assessed against the criteria within the Cumbrian Landscape Assessment Toolkit (or successor documents) with regard to the particular Character Area's key characteristics, local distinctiveness and capacity for change. Development should contribute to landscape enhancement including the provision of new trees and hedgerows of appropriate species and in suitable locations. Loss of ancient woodland and significant/veteran trees will not be permitted unless it can be demonstrated that there is an overriding need for the development which outweighs their loss. |
| Policy ENV3 | The North Pennines Area of Outstanding Natural Beauty Development within or affecting the North Pennines Area of Outstanding Natural Beauty (AONB) will only be permitted where each of the following criteria apply: • Individually or cumulatively it will not have a significant or adverse impact upon the special qualities or statutory purpose of the AONB. • It does not lessen or cause harm to the distinctive character of the area, the historic environment, heritage assets and their setting. • It adheres to any formally adopted design guides or planning policies, including the North Pennines Management Plan, the North Pennines AONB Planning Guidelines and the North Pennines AONB Building Design Guide. Major developments, defined in Appendix 2, will only be permitted in exceptional circumstances, where they are in the long term public interest and where there has been a full consideration of each of the following criteria: • The need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy. • The cost of and scope for developing elsewhere outside of the designated area or meeting the need for it in some other way. • Any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated. |
| Policy ENV4 | Green Infrastructure Networks A multifunctional network of green infrastructure will be identified, protected, managed and enhanced. Proposals, which protect and enhance the existing network and promote the creation of new green infrastructure will be supported. Development which leads to direct loss, fragmentation or degradation of green infrastructure will be resisted unless there is demonstrable evidence of wider public benefits from the proposal. New development should ensure that: • Opportunities for the protection and enhancement of the district's green infrastructure network are maximised. • Proposals account for any known local deficiencies of green infrastructure identified by the Council. Contributions may be sought for off-site provision where this leads to the creation and maintenance of a strategic network of green infrastructure capable of bringing benefits to the users of the development. |
| Policy ENV8 | Contaminated Land The Council will approve development on land that is contaminated or where contamination is suspected, subject to other policies if: • Adequate contaminated land assessments prepared by a suitably competent person are submitted prior to any planning decision being taken, to determine whether or not unacceptable risks to human health or the environment arise from the proposals. • Where necessary, suitable remediation is carried out to ensure safe development. • Where there is information available to the local planning authority that suggests the possibility of contamination or of unacceptable risk these concerns have been addressed or excluded within supporting information submitted with any application. • Any unacceptable risks identified can be adequately dealt with in order that the completed development is suitable for its intended use and no unacceptable risks remain either to human health or the wider environment. • Any steps needed to deal with unacceptable risks are either already in place or can be secured through suitable planning conditions. • The assessment of potentially contaminated sites should be carried out through a phased process. Ongoing dialogue with the local planning authority at each phase is recommended to ensure that the work undertaken is sufficient and necessary. • Where development is proposed on a site known to be contaminated or have the potential to be contaminated as a result of industrial activity (e.g. gasworks, petrol stations, filled ground, steelworks, railway land) a preliminary risk assessment will be required. This must be carried out by a suitably qualified person to the current British Standards and approved guidance. |
| Policy ENV9 | Other Forms of Pollution Development proposals for development likely to experience noise, light, dust, odour or vibration from road, rail or air, or other sources must be supported by an adequate assessment to assess risks and their acceptability, and to ensure that appropriate mitigation is put in place to ensure occupiers are not adversely affected. Assessments should consider both the likely level of exposure at the time of application and any increase that might be reasonably expected in the foreseeable future. To safeguard the continued use of existing industrial and commercial uses and to protect amenity, noise, light, dust and contamination sensitive development, proposals will need to demonstrate that existing levels of noise and vibration, light, dust or odour from industrial, commercial, leisure or sporting facilities are not likely to give rise to an unacceptable impact on the proposed development. To safeguard sensitive development from the impact of proposed industrial, commercial, leisure or sporting facilities, developers will need to demonstrate that: High levels of noise, light or dust will not occur throughout the construction phase of the development, especially at night, during the hours when people are normally sleeping. Development proposals for development likely to cause noise, light, dust, odour or vibration sources must be supported by an adequate assessment to assess risks and their acceptability, and to ensure that appropriate mitigation is put in place to ensure existing noise sensitive premises are not adversely affected. Agricultural development involving intensive livestock farming and development involving industrial or waste management proposals will only be permitted where it can be demonstrated that resultant odours will not impact on nearby development. An odour impact assessment will be required in all cases where the proposed development has the potential to impact upon neighbouring premises or where the proposed development could be impacted by odour from an existing use. Where a lighting scheme that could impact neighbouring premises is proposed as part of a development, an impact assessment will be required. This will need to evaluate the lighting levels and their acceptability against an agreed methodology. Outdoor lighting schemes will be considered against the following criteria: • No adverse impact on neighbouring uses, the wider landscape or dark skies. • Light levels being the minimum required for security and working purposes. • Minimising the potential glare and spillage. • Be as energy efficient as possible or run from a renewable energy source. • Minimise upward light pollution. Development will not be permitted where it would generate, either in the construction or operation stages adverse impact on the quality of ground and surface water. Where sites fall within a Groundwater Source Protection Zone (SPZ), consideration must be given as to how the site will dispose of foul and surface water. Development within Groundwater Source Protection Zones 1 and 2 will not be permitted unless it can be demonstrated that adequate safeguards to prevent contamination of the water supply will be put in place. In accordance with the Environment Agency's Approach to Groundwater Protection (March 2017), the use of the highest specification pipework and designs for schemes involving new sewerage systems will be required in Source Protection Zone 1 to minimise leakage and the potential for contamination of the public water supply. |
| Policy RUR3 | Re-use of Redundant Buildings in Rural Areas The re-use of redundant traditional rural buildings and structures for housing, employment, tourism (including holiday accommodation), recreation and community uses will be supported in rural areas where it meets each of the following criteria: • The building is capable of conversion without the need for extension, significant alteration or full reconstruction. • It can be demonstrated that the building is of sufficient architectural quality to make it worthy of retention. • The proposal is of a high quality design, retaining the design, materials and external features that contribute positively to the character of the building and its surroundings. • The building and its curtilage can be developed without having an adverse effect on the historic environment, the character of the local landscape or its setting. • It can be demonstrated that there is no significant impact on local biodiversity, including protected habitats and species. • The building can be serviced by existing utilities, or where the provision of new utilities is necessary, such provision can be achieved without resulting in unacceptable adverse impacts on the landscape or rural character of the area. • The building is adjacent to or in close proximity to an existing habitable dwelling and the public road network, or where this is not the case and the conversion of such a building is justified, the building is capable of being converted without causing adverse harm to the landscape or rural character of the area. • Access is in place or can be created without damaging the surrounding area's rural character. • The proposal will not conflict with existing land uses. When granting planning permission for any development under this policy the Council will remove permitted development rights where appropriate. This would normally apply to the building and its curtilage. |
Heritage
| Policy ENV10 | The Historic Environment The Council will attach great weight to the conservation and enhancement of the historic environment, heritage assets and their setting, which help to make Eden a distinctive place. The Council will require all proposals for development to conserve and where appropriate, enhance the significance of Eden's heritage assets and their setting. The Council will support proposals that would better reveal the significance of the asset, in particular those heritage assets identified as being most at risk. Opportunities for promotion, interpretation and increasing understanding should also be explored. Development proposals that would result in substantial harm to or total loss of significance of a designated heritage asset or its setting will only be permitted where it can be clearly demonstrated that the public benefits of the proposal would outweigh the harm or loss, and that the harm or loss is necessary to achieve those benefits. The Council will require proposals to protect and where appropriate, enhance the significance and setting of Eden's non-designated heritage assets, including buildings, archaeological sites, parks, landscapes and gardens. Where the harm is outweighed by the public benefits of the proposals, the Council will require an appropriate level of survey and recording, the results of which should be deposited with the Cumbria Historic Environment Record. Where a development proposal affecting an archaeological site is acceptable in principle, the Council will ensure preservation of the remains in situ as a preferred solution. Where in situ preservation is not justified, the development will be required to make adequate provision for excavation and recording before or during development. All development proposals affecting the historic environment, heritage assets and their settings (including where there is the potential of unknown archaeological assets) will need to be accompanied by an assessment of the significance of the asset and its setting and how it will be affected by the proposed development. The level of information required will be proportionate to the significance of the asset and to the scale of impact of the proposal. For archaeological assets, this may where necessary include archaeological desk based assessment and field evaluation. The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset. |
Housing
| AL2 | Development in Alston Moor The redevelopment of isolated traditional dwellings in Alston Moor parish will be permitted where: (a) the buildings are of traditional construction and design appropriate to the area; (b) the proposal would result in the sensitive restoration of a building of historic or architectural interest; (c) the development would not result in a building or curtilage which would be unacceptably prominent in the landscape; (d) the proposal would not have an unacceptable impact on the setting of a Conservation Area or Listed Building; (e) the proposal would not harm important archaeological remains; (f) the proposal would not result in the loss of important habitats or have an unacceptable impact on protected species; and (g) the proposal would adhere to design principles set out in any design guides for the North Pennines Area of Outstanding Natural Beauty. When granting permission for any development under this policy the Council will remove any permitted development rights, which would normally apply to the building and its curtilage. |
| AP1 | A Town Plan for Appleby The Town Plan for Appleby aims to deliver: New Homes - Land for 392 additional new homes will be provided in the town during the plan period. The main locations for housing are South-east of Station Road and adjacent to the Coal Yard, Station Road and behind Cross Croft. New Jobs - An additional 4.54 hectares of employment land is allocated at Cross Croft Industrial Estate (2.56 ha), and the redevelopment/refurbishment of the Old Creamery site (1.98 ha) together with the remaining redevelopment at Shire Hall is proposed. |
| HS1 | Affordable Housing The Council will seek to secure the provision of 30% of all new housing as affordable homes on schemes with 11 or more units, or more than 1,000 square metres of floor space. Where the on-site contribution does not equate precisely to a whole number of units, the contribution will be rounded down to the nearest unit. Size, type and tenure of affordable housing will be negotiated on a site-by-site basis based upon the most up to date evidence of housing need. In Penrith no contributions will be required on sites of 10 units or less, and with no more than 1,000 square metres of floor space. In the three Market Towns (Alston, Appleby and Kirkby Stephen), the Key Hubs and the Smaller Villages and Hamlets a commuted sum will be required from sites with 6 to 10 units. This will be secured by means of a planning obligation. In Other Rural Areas (outside the Key Hubs and Smaller Villages and Hamlets), new housing will be restricted to affordable housing, in an existing settlement comprised of a coherent group of three or more dwellings. Where it can be demonstrated that application of the policy will render any housing scheme unviable, fewer affordable homes than required by this policy will be acceptable if a financial appraisal provides evidence to justify any reduced provision. This may include potentially higher costs associated with the development of previously developed land. Planning permission will be linked to an agreement that any affordable housing delivered will remain affordable in perpetuity and occupancy will be restricted to those in the locality as defined in Appendix 5 – Local Connection Criteria for Affordable Housing. |
| HS2 | Local Connection Criteria - Housing in the Smaller Villages and Hamlets listed in Policy LS1 New houses permitted in the villages and hamlets under Policy HS2 shall only be occupied by a person with a local connection and this will be controlled by a planning condition or legal agreement. A person with a local connection means a person who meets one of the following criteria: • The person lives in the locality and has done for a continuous period of at least three years. • The person works permanently in the locality for a minimum of 16 hours per week. Where a person is employed in an established business that operates in multiple locations, their employment activities should take place predominantly inside the locality. • The person has a firm offer of permanent employment, for a minimum of 16 hours per week in an already established business within the locality. • The person has moved away but has strong established and continuous links with the locality by reason of birth or long term immediate family connections. • The person needs to live in the locality because they need substantial care from a relative who has lived in the locality for at least three years, or needs to provide substantial care to a relative who has lived in the locality at least three years. Substantial care means that identified as required by a medical doctor or relevant statutory support agency. It is intended that housing permitted under policy HS2 will be restricted to those with a local connection in perpetuity. |
| HS6 | Community Land Trusts Applications for development of sites bought forward by a Community Land Trust will be supported, provided that: • The location accords with the locational strategy set out in policy LS1. • The scheme incorporates a range of dwelling sizes, types and tenures appropriate to identified local need. • The scheme has general community support, with evidence of meaningful public engagement. An element of open market housing on the site will be acceptable where it is demonstrated through a financial appraisal that it is essential to enable the delivery of affordable housing or other community benefits on-site, and the community benefits of the scheme are significantly greater than would be delivered on an equivalent open market site. |
| HS7 | Gypsy and Traveller Sites Appropriate provision of land for Gypsies and Travellers will be made to ensure a rolling five-year supply of available sites, against the following targets: 2013/14 to 2017/18: Permanent Pitches 9, Show people Pitches 2, Transit Sites 12 2018/19 to 2022/23: Permanent Pitches 9, Show people Pitches 0, Transit Sites - 2023/24 to 2027/28: Permanent Pitches 9, Show people Pitches 0, Transit Sites - Total Requirement: Permanent Pitches 27, Show people Pitches 2, Transit Sites 12 The suitability of any sites will be tested against the following criteria: • Access to schools, shops and other community facilities are within reasonable travelling distance, and can be reached by foot, cycle or public transport. • The site is served (or can be served) by adequate water and sewerage connections. • The amenity of nearby residents or operations of adjoining land uses would not be materially harmed. • The siting and landscaping ensure that any impact upon the character and appearance of the countryside is minimised, and the development can be assimilated into its surroundings. • The development would not harm the natural or historic environmental assets of the district. |
| KS1 | A Town Plan for Kirkby Stephen The Town Plan for Kirkby Stephen aims to deliver: New Homes - Land for 305 new homes will be provided in the town during the plan period. The main locations for housing will be land to west of Faraday Road and at land to the west of Nateby Road. New Jobs - An additional 3.33 hectares of employment land is allocated at Kirkby Stephen Business Park. |
| LS1 | Locational Strategy New development will be distributed as set out below: Our Main Town - Penrith: Penrith will benefit from sustained development appropriate to that of a larger town. There will be improved town centre facilities and public realm; development of strategic employment sites around the town; provision of large scale new housing development to the east and north; and an improving strategic road network and public transport system. Market Towns - Alston, Appleby and Kirkby Stephen: Market towns will be the focus for moderate development appropriate to the scale of the town, including new housing, the provision of new employment and improvements to accessibility. Key Hubs – Thirteen Key Hubs will be the focus for development to sustain local services appropriate to the scale of the village and its hinterland, including new housing, the provision of employment and improvements to accessibility. Unless proposed in this plan, new housing developments which would increase the size of a village by more than 10% on a single site will not normally be supported. Proposals will only be acceptable where they respect the historic character and form of the village. The Key Hubs are: Armathwaite, Brough and Church Brough, Culgaith, Greystoke, High and Low Hesket, Kirkby Thore, Langwathby, Lazonby, Nenthead, Plumpton, Shap, Stainton, Tebay. Smaller Villages and Hamlets: Development of an appropriate scale, which reflects: the existing built form of the settlement, adjoining and neighbouring development to the site, and the service function of the settlement, will be permitted within Smaller Villages and Hamlets, to support the development of diverse and sustainable communities. Development in these locations will be permitted in the following circumstances: • Where it reuses previously-developed land (PDL) defined in Appendix 2. • Where it delivers new housing on greenfield sites only, in accordance with the local connection criteria defined in Appendix 6. The Smaller Villages and Hamlets are: Aiketgate, Ainstable, Blencarn, Blencow, Bolton, Brackenber, Brampton, Brough Sowerby, Brougham, Burrells, Calthwaite, Catterlen, Cliburn, Clifton, Clifton Dykes, Colby, Crackenthorpe, Croglin, Crosby Garrett, Crosby Ravensworth, Dufton, Eamont Bridge, Edenhall, Ellonby, Gaisgill, Gamblesby, Garrigill, Glassonby, Great Asby, Great Musgrave, Great Ormside, Great Salkeld, Great Strickland, Greystoke Gill, Hackthorpe, Hartley, High Bank Hill, Hilton, Hunsonby, Hutton End, Ivegill, Johnby, Kaber, Keld, Kelleth, Kings Meaburn, Kirkoswald Knock, Laithes, Lamonby, L |
| Policy AL1 | A Town Plan for Alston The Town Plan for Alston aims to deliver: New Homes - Land for 131 additional new homes will be provided during the plan period. The main location for housing will be Land at Clitheroe. New Jobs - An additional 1.31 hectares of employment land is allocated at the Skelgillside workshops (1.31 ha). Appropriate mixed use development that complements the site's heritage will be supported at High Mill. Land for housing is allocated on the following sites: Ref Address Area Indicative Phasing Total 2014-2019 2019-2024 2024-2032 AL8 Tyne Café and Garage Building 0.35 18 18 AL13 Land at Clitheroe 1.4 20 22 42 TOTAL 0 38 22 60 Land for employment use (Use Classes B1-B8) is allocated on the following sites: Ref Address Developable Area (ha) 24 Skelgillside Workshops 1.31 26 High Mill (Mixed Use) n/a TOTAL 1.31 |
| Policy AL2 | Redevelopment in Alston Moor The redevelopment of traditional former dwellings in Alston Moor parish will be permitted where: Evidence can be provided to demonstrate that the former dwelling was once in use at that location, and that the proposed redevelopment will make use of substantial remains and on site materials. The resultant dwelling does not materially exceed the footprint of the original building and reflects the scale, form and appearance of the original building when it was last in use. The building is adjacent to or in close proximity to the public highway network and access is in place or can be created without damaging the surrounding area's rural character. It can be demonstrated that there is no significant impact on local biodiversity, including on protected habitats and species. Applications for development under this policy adhere to design principles set out in any design guides for the North Pennines Area of Outstanding Natural Beauty. When granting permission for any development under this policy the Council will remove any permitted development rights, which would normally apply to the building and its curtilage. |
| Policy HS2 | Housing in the Smaller Villages and Hamlets Within the Smaller Villages and Hamlets listed in Policy LS1, permission will be given for housing of an appropriate scale, which reflects the built form of adjoining and neighbouring development to the site and the service function of the settlement, (including sub-division of existing housing) where it meets all of the following criteria: • Where development is restricted to infilling and rounding off of the current village settlement pattern, in accordance with Policy LS1. • The resultant dwelling does not contain more than 150m2 gross internal floorspace. • In the case of Greenfield sites a condition or legal agreement restricting occupancy to only those meeting local connection criteria, defined in Appendix 6, will be applied. Local occupancy restrictions will not be applied where suitable housing comes forward on previously developed land. |
| Policy HS3 | Essential Dwellings for Workers in the Countryside Permission for the development of a dwelling needed to support an agricultural or rural business will be permitted in exceptional circumstances. The circumstances are: • Where it is to be occupied by a full time farm or rural worker with a demonstrable need for a dwelling in that particular locality, or for a dwelling required in association with a rural enterprise, and this need can be substantiated. • Where the agricultural or rural business is profitable and has been in operation for at least three years and can financially support the construction of the dwelling. • The dwelling is limited to a size of 150m2 internal floorspace (gross), unless it can be demonstrated that a larger dwelling is needed to support the farm enterprise. • Where the scale of the dwelling is commensurate with the function of the enterprise concerned. • Where the siting and design of the dwelling is well related to existing buildings and the design respects and complements local tradition and setting. • Where development will not have any significant impacts on local landscape, archaeological or conservation interests. |
| Policy HS4 | Housing Type and Mix The mix of dwelling types and sizes provided in new residential schemes will be expected to address the nature of local needs as evidenced through each of the following criteria: • Any up to date local housing needs surveys and local housing market assessments. • Any other local housing needs information (e.g. relating to elderly people or special needs). • The location and characteristics of the site. • The type and mix of housing in the locality, including housing age, condition and occupancy. • Current housing market conditions and viability. |
| Policy HS5 | Accessible and Adaptable Homes New housing must be designed and constructed in a way that enables it to be adapted to meet the changing needs of its occupants over time. For this reason the Council will require 20% of new housing on sites of 10 or more new homes to meet the optional Building Regulations Requirement M4(2): Category 2 – Accessible and Adaptable Dwellings. New development will only be exempt from the requirement where it can be demonstrated by the applicant that it is not practically achievable or financially viable to deliver this policy. Within Penrith, Alston, Appleby and Kirkby Stephen and the Key Hubs, applications for development specifically for older people or groups who require supported housing will be supported. |
| Policy HS6 | Community Land Trusts Applications for development of sites bought forward by a Community Land Trust will be supported, provided that: • The location accords with the locational strategy set out in policy LS1. • The scheme incorporates a range of dwelling sizes, types and tenures appropriate to identified local need. • The scheme has general community support, with evidence of meaningful public engagement. An element of open market housing on the site will be acceptable where it is demonstrated through a financial appraisal that it is essential to enable the delivery of affordable housing or other community benefits on-site, and the community benefits of the scheme are significantly greater than would be delivered on an equivalent open market site. |
| Policy HS7 | Gypsy and Traveller Sites Appropriate provision of land for Gypsies and Travellers will be made to ensure a rolling five-year supply of available sites, against the following targets: 2013/14 to 2017/18: Permanent Pitches 9, Show people Pitches [incomplete in source] 2018/19 to 2022/23: Permanent Pitches 9, Show people Pitches [incomplete in source] 2023/24 to 2027/28: Permanent Pitches 9, Show people Pitches [incomplete in source] |
| Policy KS1 | A Town Plan for Kirkby Stephen Land for housing is allocated on the following sites: Ref Address Area Indicative Phasing Total 2014-2019 2019-2024 2024-2032 KS13 Land to west of Faraday Road 5.39 60 68 128 KS17 Land behind Park Terrace 0.75 24 24 KS26 Land at Christian Head Care Home 0.2 5 5 Total 0 84 73 157 Land for employment use (Use Classes B1-B8) is allocated on the following sites: Ref Address Developable Area (ha) 33 Kirkby Stephen Business Park 3.33 |
| Policy LS2 | Housing Targets and Distribution A minimum of 242 homes per year (a total of 4,356) will be built in Eden District over the eighteen years between 2014/15 and 2031/32. New housing will be developed throughout the district to ensure a rate of housing completions in accordance with the following targets and proportions: Towns: 3006 homes (69% of total) - Penrith 2178 (50%), Alston 131 (3%), Appleby 392 (9%), Kirkby Stephen 305 (7%) Rural Areas: 1350 homes (31% of total) - Key Hubs 871 (20%), Smaller Villages and Hamlets 479 (11%) |
| Policy PEN1 | A Town Plan for Penrith The Town Plan for Penrith aims to deliver: New Homes - Land upon which a minimum of 2,178 additional new homes could be built within the plan period will be provided in the town. The main locations for housing are at Carleton to the east, and Salkeld Road, White Ox Farm and Raiselands to the north. Additional land has been identified as potential locations for future growth and may be released if land supply comes forward below expectations. A site for Gypsy and Traveller use is also allocated as an extension to the existing site at Lakeland View, north of Penrith. New Jobs - An additional 11.91 hectares of employment land is allocated as an extension to Gilwilly Business Park and a further 3.29 hectares at Skirsgill. A longer-term strategic growth opportunity is identified at Newton Rigg College. New services and facilities - At least one new primary school will be needed to serve both the new and existing population of the town at Carleton. New Infrastructure - Improvements will be made to improve access to the Gilwilly Industrial estate and to aid movement around the town. Details of identified infrastructure requirements can be found in the Council's Infrastructure Delivery Plan. Financial or other contributions will be sought from proposals which give rise to the need for new or improved infrastructure. The Infrastructure Delivery Plan identifies future infrastructure requirements and will be regularly updated. |
| Policy RUR1 | Rural Settlement Hierarchy Development will be permitted in the following circumstances: Main Towns: Penrith - New development will be supported at the main town centre and within the defined limits of development, where they respect the historic character and form of the village. Market Towns: Alston, Appleby and Kirkby Stephen - Development will be permitted where it is of an appropriate scale and character. Development in these locations will be permitted in the following circumstances: • Where it reuses previously-developed land (PDL) defined in Appendix 2. • Where new housing is provided on greenfield sites only in accordance with the local connection criteria defined in Appendix 6. Key Hubs: Armathwaite, Brough and Church Brough, Culgaith, Greystoke, High and Low Hesket, Kirkby Thore, Langwathby, Lazonby, Nenthead, Plumpton, Shap, Stainton, Tebay - Development of an appropriate scale and character will be permitted where it respects the historic character and form of the village. Smaller Villages and Hamlets: Development of an appropriate scale, which reflects: the existing built form of the settlement, adjoining and neighbouring development to the site, and the service function of the settlement, will be permitted within Smaller Villages and Hamlets, to support the development of diverse and sustainable communities. Development in these locations will be permitted in the following circumstances: • Where it reuses previously-developed land (PDL) defined in Appendix 2. • Where it delivers new housing on greenfield sites only, in accordance with the local connection criteria defined in Appendix 6. Other Rural Areas (outside the Key Hubs and Smaller Villages and Hamlets) – Development will be restricted to the re-use of traditional buildings, the provision of affordable housing as an exception to policy only, or where proposals accord with other policies in the Local Plan. Some market housing may be acceptable in accordance with the criteria in Policy HS1. To qualify as rural exceptions housing the site must be in a location considered suitable for the development of affordable housing. |
Infrastructure
| Policy DEV4 | Infrastructure and Implementation The scale and pace of new development will be dependent upon sufficient capacity being available in the existing infrastructure networks to meet the demands of new development. Where this cannot be demonstrated, permission for new development will only be granted where additional capacity can be released through better management of existing infrastructure, through the provision of new infrastructure, or in the case of transport infrastructure, where it can be demonstrated through the use of a Transport Statement or Transport Assessments that the residual cumulative impacts of the development will not be severe. Developer contributions may be sought to fund new infrastructure and a programme of delivery will be agreed before development can take place. Contributions must be necessary to make the development acceptable in planning terms and ensure the viability of development is maintained. In some cases developer contributions will take the form of a financial contribution. In all cases they will be directly, fairly and reasonably related in scale and kind to the proposed development. Infrastructure requirements are set out in the Infrastructure Delivery Plan. The ability of a developer to pay contributions, based on an assessment of the economic viability of the development will be considered at the application stage. Negotiations between developers and the Council (advised where appropriate by Cumbria County Council) will determine on a case by case basis whether a developer can feasibly pay contributions to infrastructure without undermining the scheme's viability. The need for a Community Infrastructure Levy will be reviewed periodically by the Council. |
| Policy EC6 | Telecommunications Infrastructure Expansion of the electronic communication network will be supported. When considering proposals for new telecommunication equipment the following criteria will be taken into account: • Proposals should make use of existing sites and structures wherever possible. • The location and appearance of the proposed apparatus and associated structures should seek to minimise impact on the visual amenity, character or appearance of the surrounding area. On buildings apparatus and associated structures should be located and designed in order to seek to minimise impact to the external appearance of the host building. • Equipment should not harm sensitive areas, including the historic environment, areas designated for their nature conservation interest and areas of landscape importance, especially the North Pennines Area of Outstanding Natural Beauty. When considering applications for telecommunications development, regard will be given to the operational requirements of telecommunications networks, the technical limitations of the technology and road safety. |
Other
| Policy RUR2 | New Agricultural Buildings New agricultural buildings should be integrated into the existing farm complex wherever possible to reflect the traditional clustering of rural buildings. Where there is justification for a new farm building to be built in isolation from existing buildings, permission will be granted where the following criteria have been met: • The proposal carefully considers topography and landform and how the building can be sited to minimise its visual and landscape impact. • Opportunities have been taken to retain existing planting and introduce new native tree planting to help screen new buildings where necessary. • The proposal utilises subdued colours to reduce the visual prominence of the new building. |
Retail
| EC4 | Tourism Accommodation and Facilities Large scale tourism proposals that would result in a substantial increase in visitor numbers will only be permitted if the following criteria are met: • The development proposed improves the range or quality of tourism accommodation and facilities in the area. • The site is close to the strategic road network. • They offer substantial economic benefits to the district. • The development offers the highest possible standards of siting, design and landscaping. • The traffic generated by the proposal will not ha |
| Policy EC4 | Tourism Accommodation and Facilities Large scale tourism proposals that would result in a substantial increase in visitor numbers will only be permitted if the following criteria are met: • The development proposed improves the range or quality of tourism accommodation and facilities in the area. • The site is close to the strategic road network. • They offer substantial economic benefits to the district. • The development offers the highest possible standards of siting, design and landscaping. • The traffic generated by the proposal will not have an unacceptable impact on nearby settlements or the local network. • Arrangements have been made to provide access by means other than the private car. • The tranquility and dark skies associated with the open countryside are not compromised. Small scale tourism development will be permitted for permanent structures (e.g. new holiday cottages) where it meets one of the following criteria: • Any proposed new-build development is located within a Town or Key Hub. • The proposal involves the re-use of an existing building, or previously developed land. • The proposed development forms part of a farm diversification scheme. • The development proposed is located outside of a Town or Key Hub, but due to the nature of the development proposed it relies upon a specific geographic resource or countryside location, and the specific location selected for the development can be justified. The Council may impose planning conditions to avoid permanent residential use of such sites where they are located in the open countryside. Small scale tourism development will be permitted for temporary accommodation (caravan, camping and chalet sites) where it meets all of the following criteria: • The site is screened by existing topography and vegetation. • Suitable access and car parking arrangements are defined and the site does not give rise to unacceptable impacts on the local road network either through traffic generation from the site itself or through cumulative impacts alongside other sites. • The development is capable of being removed without damage or material change to the land on which it was sited. The Council may impose planning conditions to avoid permanent residential use of such sites or seasonal restrictions where necessary to safeguard the landscape. |
| Policy EC7 | Town Centres and Retailing Support will be given to maintaining and enhancing the vitality and viability of the following hierarchy of town and district centres: Penrith - Town Centre Alston, Appleby, Kirkby Stephen – District Centres Retail and other town centre developments of a scale appropriate to these roles will be supported, provided that: • They do not compromise the functional operation of existing town centre uses including essential service operations. • Where proposals lie within the primary shopping area, the development assists in maintaining its existing retail function and does not lead to a concentration of uses which risk undermining the vitality and viability of town centres. • New shop fronts relate in scale, proportion, materials and decorative treatment of the façade of the building and its neighbours. In conservation areas changes to shop fronts will not be permitted if they fail to contribute to the preservation and enhancement of the area's character, appearance and setting. • The development respects the character of the environment of the centre, including its special architectural and historic interest. Proposals for main town centres will be required to be in accordance with the sequential test set out in the National Planning Policy Framework. Retail development outside town and district centres will only be permitted if it will not have a significant adverse impact on the vitality and viability of existing centres. Retail impact assessments will be required for proposals over 500 square metres gross which are outside of centres. Additionally retail impact assessments will also be required for proposals over 250 square metres gross that are within 400 metres of the boundary of Alston, Appleby or Kirkby Stephen district centres. |
Transport
| Policy DEV3 | Transport, Accessibility and Rights of Way New development will be encouraged in areas with existing public transport availability, or in areas where new development is likely to lead to the creation of available public transport. Developments likely to generate severe adverse travel impacts will not be permitted where they are in isolated or difficult to access locations unless an overwhelming environmental, social or economic need can be demonstrated. Development will be refused if it will result in a severe impact in terms of road safety and increased traffic congestion. Development should provide safe and convenient access for pedestrians, cyclists and disabled people. Proposals will be expected to adhere to guidance and standards issued by the Highways Authority on the number of parking spaces to be provided (including for the disabled and for bicycles). Applications for major development (defined in Appendix 2), will be expected to be accompanied by a Travel Plan and/or a Transport Assessment showing all the following criteria: • How the site will be safely connected to public transport. • How the site will meet the needs and safety concerns of pedestrians and cyclists. • How the impact of any heavy goods vehicles accessing the site will be minimised, including during the construction phase. • The impact of the development on the local highway network. • How the site will ensure the permeability and accessibility of the area. • How the site safely and conveniently links to main attractors (such as schools, retail and employment uses). Development will not be supported where it meets any of the following criteria, individually or cumulatively in combination with other development proposals: • It would prevent the future opening of any road or rail schemes under consideration. • It would remove an existing right of way, unless there is no alternative suitable location and the benefits from the development would justify the loss, or where an acceptable diversion is provided and a legal diversion order obtained. • It would lead to a material increase or significant change in the character of traffic (vehicles, pedestrians, cyclists, horse riders and animals) using a rail crossing, unless it can be demonstrated that safety will not be compromised, in consultation with Network Rail. • Evidence shows that there would be a severe, unmitigated impact of the surrounding highway network. |