Planning in Isles of Scilly

Sustainable Quality Design and Place-Making

(1) Development will not be permitted if it is considered to be of poor or unsustainable design. New development must be of a high-quality design and contribute to the islands' distinctiveness and social, economic and environmental elements of sustainability by: a) respecting and reinforcing the character, identity and local distinctiveness of an area whilst not stifling innovation, and with the scale, density, layout, height, mass and materials responding positively to the existing townscape, landscape and seascape setting; b) ensuring that development does not dominate or interrupt important public views, key landmark buildings or significant cultural and heritage features; c) making efficient use of the land whilst respecting the character of the site and surrounding area and neighbouring land uses; d) safeguarding the amenity of individuals and properties by creating a high-quality environment that addresses issues of privacy, overlooking, overshadowing, overbearing impacts and unreasonable noise and disturbance; e) providing high-quality and clearly defined safe private, semi-private and public spaces, including recreational facilities and green infrastructure where appropriate; f) ensuring that buildings can easily be altered and adapted to meet changing social and economic conditions and are resilient to climate change, including features to mitigate or enable rapid recovery from a flooding event where recommended in a Flood Risk Assessment; g) providing opportunities for achieving measurable net gains in biodiversity by ensuring that natural and semi-natural features are created and enhanced as integral elements of the design, through the provision of features such as bird and bat boxes, and by incorporating measures that support the removal of any threats to the islands' biodiversity; h) promoting physical activity by incorporating Sport England Active Design principles wherever appropriate; i) requiring sensitively designed adverts and signage that are appropriate and sympathetic to their local setting in terms of scale, design and materials; j) incorporating measures to reduce any actual or perceived opportunities for crime or anti-social behaviour, and which promote safe living environments; k) minimising the consumption of resources by requiring sustainable construction and design by: i. incorporating high standards of energy efficiency and maximising opportunities for the micro-generation of renewable, low-carbon and decentralised energy, and where appropriate plugged into the Smart Grid; ii. incorporating passive design measures for heating, cooling, ventilation and natural light, to reduce overall energy demand and improve energy efficiency; iii. using natural resources more prudently, including the use of locally sourced, recycled or low-carbon materials in construction where they are available and represent a viable option; iv. reducing pressure on water resources and increasing re-use by incorporating effective water management measures, including Sustainable Urban Drainage Systems, green roofs and water-saving devices, and rain/grey water collecting and recycling facilities; and v. providing appropriate vermin-proof waste and recycling storage appropriate for the scale of development proposed, and provision for kerbside waste and recycling collections consistent with the islands' waste management practices. (2) Development proposals that involve the construction or conversion of buildings will need to be supported by a statement of Sustainable Design Measures (SDM) and a Site Waste Management Plan (SWMP).

Re-use of Buildings

The re-use of redundant buildings for commercial use will be permitted provided that: a) the building is structurally sound and capable of conversion without substantial rebuilding, extension or alteration; b) the proposal would not result in the requirement for another building to fulfil the function of the building being converted; c) the proposed use is restricted primarily to the building; d) the development would not harm its immediate setting or the amenity of adjoining/neighbouring properties or land uses; and e) suitable nesting and roosting sites for birds and bats are incorporated into the design.

General Employment Policy

Development proposals that strengthen, enhance and diversify the islands' economy will be supported where they are appropriately designed, scaled and located, in accordance with other policies in the Local Plan.

Home-Based Businesses

1) Small-scale home-based businesses will be supported in residential properties including: a) the change of use of existing buildings, or b) small-scale extensions, or c) the use of ancillary buildings where they are well related to existing buildings; or d) new buildings within the domestic curtilage, where no suitable buildings exist for conversion. 2) Development proposals will be supported if there are no unacceptable adverse impacts as a result of the specific use, in accordance with other relevant policies in the Local Plan.

New Employment Development

1) The redevelopment or extension of buildings or erection of new buildings for employment use will be permitted provided that proposals accord with Policy WC1, and where: a) it is well integrated within an existing settlement; or b) it is in the countryside where the business activity and scale is appropriate to its location and demonstrates a functional and/or operational requirement to be in such a location; or c) it is an extension to an existing business where relocation would be impractical or unviable; and in all cases d) it does not result in an unacceptable impact on the environment or residential amenities, in accordance with other relevant policies within the Local Plan.

Alternative Uses for Business or Industrial Land and Buildings

1) On St Mary's proposals that result in the loss of business or industrial premises or land, within Porthmellon Business Park/Industrial Estate, as identified on the Policies Map, will only be permitted where: a) a clear case is made that the premises site is no longer required to meet the economic needs of the islands'; or b) the current activity is causing or could cause harm to the character of the area or the amenities of residents; or c) it would result in the provision of better quality premises or space as part of a mixed use scheme; d) it would not result in the loss of existing car parking or the free movement of vehicles; and e) it would not have a significant detrimental impact on the integrity and operation of any remaining businesses. 2) On the Off-Islands, proposals that result in the loss of lawfully operating business use or land essential for a viable and lawfully operating use or business, will be permitted where it accords with a)-e) above.

Renewable Energy Developments

1) Except for proposals for on-shore wind energy generation, development proposals for renewable energy that contribute towards creating sustainable island communities, including the implementation of projects that form the Smart Islands programme, and any other community programme or project that seeks to reduce greenhouse gas emissions and move towards a carbon neutral island environment, will be supported where they: a) contribute towards meeting domestic, community or business energy needs within the islands; b) conserve the scenic beauty, landscape, seascape, cultural heritage or historic environment of the islands, including any cumulative and intervisibility impacts; c) protect and enhance biodiversity and the maintenance of wildlife populations such as sea birds; d) they provide environmental enhancement and community benefits wherever possible; e) they would not have a significant adverse effect on the amenity of local residents in terms of noise, dust, odour, reflected light, traffic or visual intrusion; f) there would be no significant adverse effects on airport radar, air traffic control and telecommunications systems; and g) they contribute directly to energy conservation. 2) Proposals should include details of associated developments, including ancillary buildings and transmissions lines, which should be located below ground where possible in order to reduce the visual impact. Where appropriate, planning permissions will be subject to conditions that require the implementation of a satisfactory restoration scheme following decommissioning of the equipment and apparatus.

Protecting and enhancing the landscape and seascape

1) Development will only be permitted where it aligns with the statutory purpose of Areas of Outstanding Natural Beauty (AONB), and therefore conserves and enhances the islands' landscape, seascape and scenic beauty. Development must take into account and respect: a) the distinctive character, quality, scenic beauty and sensitivity of the landscape and seascape; b) the undeveloped and special character of the Heritage Coast; c) other qualities, such as important features and views, dark skies and tranquillity, and having regard to the AONB Management Plan; and d) the Isles of Scilly Landscape Character Study and any successor or associated documents. 2) Development will not be supported on the uninhabited islands.

Biodiversity and Geodiversity

1) Development proposals will be permitted where they conserve and enhance biodiversity and geodiversity, giving particular regard to ecological networks and areas with high potential for priority habitat restoration or creation, and should: a) Protect the hierarchy of international, national and local designated sites in accordance with their status; b) Retain, protect and enhance features of biodiversity and geological interest (including supporting habitat and commuting routes through the site and taking due account of any use by migratory species) and ensure appropriate and long-term management of those features; c) Contribute to the restoration and enhancement of existing habitats and the creation of wildlife habitats and linkages between sites to create and enhance local ecological networks; d) Seek to eradicate or control any invasive non-native species present on site; and e) Be required to contribute to the protection, management and enhancement of biodiversity and geodiversity. 2) Development proposals must: a) apply the mitigation hierarchy to all proposals; b) demonstrate how they conserve or enhance biodiversity and ecosystem processes; c) follow local guidance on biosecurity to control the spread of invasive non-native species; and d) ensure proportionate and appropriate biodiversity net-gain is secured. 3) Development proposals will not be supported where significant and harmful direct or indirect effects on biodiversity and ecosystem processes are identified, unless: a) the need for the development clearly outweighs the harm caused; and b) an appropriate scheme is proposed that will secure compensation and net-increases in biodiversity. 4) Development proposals will not be permitted where a detrimental impact is identified to geodiversity sites unless the need for development outweighs the harm caused. 5) Development should avoid adverse impacts on existing biodiversity and geodiversity interests as a first principle, and enable measurable net gains by designing-in biodiversity features and enhancements and opportunities for geological conservation alongside new development, in accordance with Policies SS1 and SS2. Where adverse impacts are unavoidable, it must be demonstrated that the development cannot be reasonably located on an alternative site that would result in less or no harm to biodiversity or geodiversity interests; and impacts must be adequately and proportionately mitigated. If full mitigation cannot be provided, compensation will be required as a last resort. Clear arrangements for the long-term maintenance or management of the mitigation and compensation need to be provided.

Managing Pollution

1) A development proposal that has the potential to generate pollution, including of ground, water, noise, vibration, light or air, will only be permitted where it can be demonstrated that there would not be any adverse impact on human health, the natural environment or general amenity. 2) Where development is proposed on land that is suspected to have historically generated any pollution, then a site environmental survey may be required before development is permitted. The Phase 1 report will identify any potential environmental risks that cannot be mitigated through an environmental management plan. The report will make recommendations as to whether a Phase 2 Intrusive Ground Investigation is required.

Protecting Scilly's Dark Skies

1) Development proposals that include external lighting will only be permitted where it can be demonstrated that the lights are essential for safety, security or community reasons, and where details are provided of attempts to minimise light pollution, including: a) costs to the environment (including the unnecessary use of electricity); b) skyglow (visible glow caused by scattering and reflection from clouds and the atmosphere); c) light nuisance (creating amenity nuisance, highway hazards and restricted views of the night sky); and d) glare (over-bright and poorly directed lights that dazzle or discomfort those who need to see, by concealing rather than revealing).

Managing Waste

1) Existing waste sites are identified on the Policies Map. Development proposals that could prejudice use of these sites for the essential processing of waste for the islands, will be refused. 2) All development proposals must demonstrate best practice in addressing waste management solutions, must align with the waste hierarchy, and a site waste management plan (SWMP) must be submitted to support planning applications. 3) Construction and demolition waste should be minimised and must be managed and re-used on-island where there will be no harmful impacts. Where re-use on-island would result in an environmental risk to human health, biodiversity, the historic environment, the amenity of neighbouring properties or land uses, or the water environment, then appropriate off-island management or disposal will be required. 4) Significant proposals, including for major development, must demonstrate how the construction and operational phases of the development will be consistent with the principle of sustainable waste management, through a waste management plan to include a waste audit, which should be submitted with the application. 5) Waste facilities for re-use, recycling, composting and the generation of heat/energy, or the co-location of such uses, will be permitted where they improve the sustainable management of waste on the islands and accord with other relevant policies in the Local Plan.

Minerals

Support will be given to the use of construction materials and minerals already on the islands, through the use of recycled and secondary materials to minimise the requirement for any direct extraction. Site Waste Management Plans (SWMPs) will be required to support development proposals, and will include measures to recycle and recover inert construction, demolition and excavation materials for reuse in building works, thereby also reducing transportation costs and carbon emissions.

Re-use of Buildings

Any demolition or re-roofing of a building should not result in harm to any protected species. A Preliminary Environmental Assessment should be submitted to demonstrate the impact of the proposal on any protected species present within of using the site.

Flood Avoidance and Coastal Erosion

1) Development proposals to build below the 5 metre contour (5 metres above Ordnance Datum, Newlyn) or in other areas shown to be at risk of flooding or coastal erosion, as set out in the policies map, will not be permitted unless an appropriate and proportionate Flood Risk Assessment (FRA) demonstrates how the flood risk will be managed, and that: a) the development, taking climate change into account, does not create a flood risk over its lifetime to existing or proposed properties and/or surrounding land; b) appropriate acceptable mitigation and recovery measures can be undertaken to ensure no significant adverse impact on human health or the natural and built environment as well as cultural heritage; and c) if there is any doubt, the precautionary principle will apply. 2) All major developments, regardless of location, should also be accompanied by a proportionate Flood Risk Assessment and appropriate sustainable drainage system. 3) Natural dune restoration and works connected with flood resilience and coastal defence will be supported where any natural and historic environment designations, that may be affected, have been adequately addressed in accordance with Policy OE2 (Biodiversity and Geodiversity) and OE7 (Historic Environment).

Principles of Sustainable Development

Development proposals will be permitted where they make a positive contribution to the social, economic and environmental needs of the Isles of Scilly in a manner that does not compromise the ability of future generations to meet their own needs and to enjoy the islands outstanding environment, by: a) conserving and enhancing the outstanding natural, built and historic environment; b) locating, designing and constructing development where it makes a positive contribution to reducing the islands' carbon footprint and consumption of natural resources; c) improving accessibility and creating a network of safe and well-connected routes by integrating measures that encourage and promote walking, cycling and electric vehicles as part of any new development wherever opportunities allow; d) promoting the value of biodiversity, geodiversity and soils, including the potential contribution from natural capital and ecosystem services; e) taking into account the long-term implications of climate change and rising temperatures for flood risk, coastal change, water supply, biodiversity and landscapes; f) promoting cohesive and resilient communities on each island; and g) generating and sustaining economic activity.

Assessing Development Proposals

Where heritage assets are likely to be affected by development proposals, these should be identified at the preapplication stage. Applications for development should describe the significance of any heritage asset affected, including any contribution made by their setting. The level of detail should be proportionate to the asset's importance, in order to understand the potential impact of the proposal on its significance. Essentially, an application should clearly demonstrate what is significant about any heritage, and how that significance would be affected by the proposal, whether a material change of use or physical development.

Heritage Assets Consultation

The Cornwall and Isles of Scilly HER should be consulted as a minimum to determine whether or not a heritage asset is likely to be affected, and its significance. The national online repository of historic designations can be found on the Heritage Gateway or the National Heritage List for England, which is available through Historic England's website.

Heritage Assessment Requirements

The Planning Department should be contacted to determine the level of information required to support a planning application. In some circumstances, a Heritage Assessment may be required.

Setting of Heritage Assets

The setting of heritage assets is often essential to their character and legibility. The setting can be the immediate surroundings, but may often include land some distance away, where the context of the heritage asset can be appreciated. Insensitive development or changes to the landscape can affect the significance of the asset and the ability to appreciate it within its surroundings. Proposals for development will need to address their impact on the setting, and seek to preserve those elements that make a positive contribution to the significance of the asset. In considering proposals that affect Listed Buildings, the Council has a statutory duty to consider the impact of development on their setting.

Development Affecting Important Heritage Assets

Development proposals affecting important heritage assets will be permitted provided they do not detract from the significance, character and setting of an asset. Particular support will be given where a proposal better reveals the significance of the asset.

Harm or Loss of Heritage Assets

The harm or loss of part or the whole of any heritage asset will need to be justified, on the basis that much of the historic environment is irreplaceable and should be retained wherever possible and feasible. Where the proposal would result in the substantial harm or loss of a designated heritage asset of the highest significance, evidence will be required that there are considerable public benefits to justify its loss, or that there are no other mechanisms for supporting the retention of the asset.

Alternative Uses for Heritage Assets

The merits of an alternative use may be considered where this would retain the heritage asset, provided that it would not result in the loss of its important elements. It would also be important to ensure that any alternative use is capable of funding the conservation of the asset. Should the substantial harm or loss, either in whole or in part, be agreed, a clear indication that there are detailed plans and delivery mechanisms for the proposal's implementation will be required. The condition of an historic asset resulting from deliberate damage and neglect will not be taken into account in any decision.

Recording and Conservation of Heritage Assets

In order to advance the understanding of the significance of the asset to be lost, where permission is granted, appropriate conditions and/or planning obligations may be used to ensure that heritage assets are appropriately recorded, conserved or enhanced. Measures secured may include provision for a proportionate recording of assets prior to commencement of any works, and which will be made publicly available.

Conservation Area

The special architectural and historic interest of the islands was recognised in 1975 when all of the inhabited islands were designated as a Conservation Area under the Civic Amenities Act. As a result, it is necessary for the character and appearance of each island to be preserved or enhanced by any development. In considering proposals, account will be taken of how well the design and location of the development has considered: The characteristics and context of the site and surroundings in terms of, for example, important buildings, spaces, landscapes, walls, trees and views into or out of the area; The form, scale, size and massing of nearby buildings, together with materials of construction.

Positive Contribution to Conservation Area

Proposals should demonstrate that they will make a positive contribution to the character and quality of the Conservation Area, which will be at least equal to or better than the existing situation. Not all buildings within the Conservation Area contribute to what is important in terms of its character or significance. Proposals that would result in an enhancement of the Conservation Area through the alteration or replacement of those buildings that do not make a positive contribution will be supported.

Conservation Area Boundary Review

Whilst the current Conservation Area boundary includes all of the islands, there is merit in exploring, through a Conservation Area assessment and management plan, whether there are areas that would benefit from exclusion from this designation. Such an assessment would highlight the importance of those genuinely significant historic elements of the built-up areas of each island. Areas such as the industrial estate and waste site at Porthmellon, for example, do not merit inclusion in a Conservation Area designation. Applying Conservation Area principles to such areas diminishes the value that this designation conveys for genuinely important parts of the islands. The Council will seek to carry out regular reviews of its Conservation Area boundary, as required by the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, which makes it a positive legal duty to assess such boundaries.

Listed Buildings

Listed Buildings are those that appear on the Secretary of States 'List of Buildings of Special Architectural or Historic Interest', prepared by the Department of Culture, Media and Sport (DCMS). The statutory body responsible for maintaining the National Heritage List for England (NHLE) is Historic England.

Listed Building Grades

Listed Buildings are grouped into three grades, indicating their relative importance. These are Grade I (one), II* (two-star) and II (two), with Grade I the most important. The majority (116 out of 128) of Listed Buildings on the islands are Grade II. Contrary to popular misconception, when a building is added to the NHLE, the whole of the building (both internal and external) is listed, as well as its curtilage. All three grades are subject to the same legislation.

Listed Building Consent

The listing of a building confers a significant degree of protection, and special attention must be paid to maintain its character. Permission in the form of Listed Building Consent is required for any works of demolition, extension or alteration that affect the character of the building as one of special architectural or historic interest. This consent is entirely separate from any need to obtain planning permission.

Assessment of Listed Building Proposals

In assessing either planning or Listed Building applications, proposals should consider factors such as materials, layout, architectural features, setting, scale and design. Proposals that allow for viable uses that are compatible with the conservation of the fabric of the building and its setting will generally be supported.

Listed Building Guidance

The intention is to produce guidance notes on Listed Buildings, which would include details on the responsibilities of owners and how to apply for Listed Building Consent, the implications for development in the Conservation Area, and guidance for householders and property owners on the wide-ranging Article 4 Directions. Existing Article 4 Directions will be reviewed and updated in line with current regulations on permitted development. These will be available on the Council's website and sent to householders as appropriate.

Scheduled Monuments

The islands contain a wealth of Scheduled Monuments which constitute an irreplaceable resource for, and record of, the Isles of Scilly's evolution. These are remains, buildings or structures of national importance, protected under the Ancient Monuments and Archaeological Areas Act 1979. Any works affecting a monument will require Scheduled Monument Consent from the Secretary of State for the Department of Culture Media and Sport (DCMS), in addition to any permission or consents required from the Council under the Planning Acts. To protect the integrity of monuments, including the below-ground archaeological remains, preservation should take place in situ wherever possible.

Archaeology

Areas that have multiple heritage assets (both designated and non-designated) have been defined as Archaeological Constraint Areas (ACA). All of the ACAs on the islands have been identified on the Policies Map. In these areas it is likely that development proposals may also require archaeological monitoring, guided by a Written Scheme of Investigation (WSI) that sets out how archaeological findings are managed, recorded and published. The ACAs were defined in 1995 through funding by English Heritage (Historic England) and the Council of the Isles of Scilly. Their purpose is to indicate the location of recorded archaeological remains and historic sites and structures. For non-designated heritage assets, development proposals should take into consideration any impact upon archaeology within these areas.

Development in Areas of Archaeological Potential

Development that would involve ground disturbance in areas of known archaeological potential should be sensitively designed and located. A desk based archaeological assessment and, in certain circumstances, a field evaluation will be required. Where appropriate, archaeological remains should be preserved in situ with development being sensitively designed and located to allow their retention or minimal harm. Where this is not possible or feasible, a programme of archaeological investigation, excavation and recording prior to commencement will be required.

Development affecting Heritage

1) Great weight will be given to the conservation of the islands irreplaceable heritage assets. Where development is proposed that would lead to substantial harm to assets of the highest significance, including undesignated archaeology of national importance, this will only be justified in wholly exceptional circumstances, and substantial harm to all other nationally designated assets will only be justified in exceptional circumstances. Any harm to the significance of a designated or non-designated heritage asset must be justified. 2) Proposals causing harm will be weighed against the substantial public, not private, benefits of the proposal, and whether it has been demonstrated that all reasonable efforts have been made to sustain the existing use, find new uses, or mitigate the extent of the harm to the significance of the asset; and whether the works proposed are the minimum required to secure the long-term use of the asset. 3) In those exceptional circumstances where harm to any heritage asset can be fully justified, and development would result in the partial or total loss of the asset and/or its setting, the applicant will be required to secure a programme of recording and analysis of that asset, and archaeological excavation where relevant, and ensure the publication of that record to an appropriate standard in a public archive. 4) Proposals that will help to secure a sustainable future for the islands' heritage assets, especially those identified as being at greatest risk of loss or decay, will be supported. 5) Conservation Area - Development within the Isles of Scilly Conservation Area will be permitted where: a) it preserves or enhances the character or appearance of the area and its setting; b) the design and location of the proposal has taken account of: i. the development characteristics and context of the area, in terms of important buildings, spaces, landscapes, walls, trees and views within, into or out of the area; and ii. the form, scale, size and massing of nearby buildings, together with materials of construction. 6) Listed Buildings - Development affecting Listed Buildings, including alterations or changes of use, will be supported where: a) it protects the significance of the heritage asset and its setting, including impacts on the character, architectural merit or historic interest of the building; and b) materials, layout, architectural features, scale and design respond to and do not detract from the Listed Building; and c) a viable use is proposed that is compatible with the conservation of the fabric of the building and its setting. 7) Scheduled Monuments and Archaeology - Proposals that preserve or enhance the significance of Scheduled Monuments or Archaeological Sites, including their setting, will be supported where measures are to be taken to ensure their protection in situ based upon their significance. Where development would involve demolition or removal of archaeological features, this must be fully justified, and provision must be made for excavation, recording and archiving by a suitably qualified person(s) prior to work commencing, to ensure it is done to professional standards. Development within the Garrison on St Mary's (i.e. any land or building within the Garrison Wall Scheduled Monument) and its setting should accord with the Garrison Conservation Plan 2010 (or any successor plan). Proposals that would result in harm to the authenticity and integrity of the Garrison as a strategically important coastal defensive site should be wholly exceptional. If the impacts of a proposal are neutral, either on the site's significance or setting, then opportunities to enhance or better reveal significance should be taken. 8) Registered Parks and Gardens - Planning permission for development that preserves or enhances the special historic landscape character and interest of the Tresco Abbey Garden, including its setting, will be granted where: a) It is demonstrated that the proposal seeks to protect original or significant designed landscapes, their built features and setting; or b) The proposal includes restoration or reinstatement of historic landscape features to original designs using appropriate evidence, or that the proposed works better reveal their setting. 9) Non-designated Local Heritage Assets - Development proposals that positively sustain or enhance the significance of any local heritage asset and its setting will be permitted. Alterations, additions and changes of use should respect the character, appearance and setting of the local heritage asset in terms of the design, materials, form, scale, size, height and massing of the proposal. Proposals involving the full or partial demolition, or significant harm to a local heritage asset will be resisted unless sufficient justification is provided and the public benefits outweigh the harm caused by the loss of the asset. 10) All development proposals should be informed by proportionate historic environments assessments and evaluations (such as heritage impact assessments, desk-based appraisals, field evaluation and historic building reports) which identify the significance of all heritage assets that would be affected by a proposal, and the nature and degree of any effects; and which demonstrate, in order of preference, how any harm will be avoided, minimised or mitigated.

Monitoring and Review of Affordable Housing Need and Provision

1) The Local Planning Authority will review, and if necessary, update the plan within 5 years of its adoption. Until the plan is reviewed, and if necessary updated, permission will not be granted for more than 105 new homes (including any already granted permission since the start of the plan period). 2) The review will include (but will not necessarily be limited to): a) An assessment to understand the impact of recreational pressures on the islands' natural environment designations and their habitats and species likely to arise from (i) more than 105 new homes; and (ii) tourist activity and the potential for any necessary mitigation measures; and b) An assessment of the potential for the plan to support maximisation of renewable energy in the Isles of Scilly.

Isles of Scilly Housing Strategy to 2030

1) All new homes must contribute towards the creation of a sustainable, balanced and inclusive island community by making a positive contribution to addressing the local housing needs of present and future generations, through the provision of: a) affordable homes, either on the sites specifically allocated for housing in Policy LC6, or through windfall sites elsewhere on the five inhabited islands, in accordance with Policy LC7; b) appropriate staff accommodation to support the continuity and viability of businesses and organisations, in accordance with Policy LC4. 2) Open-market housing will be permitted, but only as a mechanism for the delivery of affordable homes on sites allocated on the Policies Map, and as set out in Policy LC6, where: a) the ratio is in favour of affordable homes; and b) it is demonstrated through a viability assessment that such provision is the only viable option to enable the delivery of affordable homes; and c) it has been established that no other form of grant funding or cost subsidisation is available. 3) On windfall sites, affordable homes to meet a Local Housing Need through Policy LC7, or staff accommodation through Policy LC4, will be permitted. Only for larger developments of 5 or more new dwellings, would any consideration be given to permitting an element of open market housing, as a means to deliver affordable homes. 3) Any open-market homes justified to facilitate the delivery of affordable homes will be conditioned to be occupied as principal residence homes only, unless: a) viability and market considerations demonstrate that it is not possible to deliver the maximum number and type of affordable homes; or b) it will lead to an excessive number of additional houses that would adversely impact on the environment and/or infrastructure.

Qualifying to Occupy Affordable Housing

All new local need/affordable homes will be subject to occupancy restrictions, to ensure they will be occupied in perpetuity by a person or persons (and their dependants) with a local housing need, as their principal residence throughout the year. A local housing need is where: 1) The property would be occupied sole private residence, where a need cannot be met by the local housing market; and 2) They need to live permanently on the islands due to their employment circumstances and work commitments; or 3) They have been continuously resident on the islands for at least five years and require new accommodation as a result of the requirement to: a) vacate tied accommodation; or b) relocate to more suitable accommodation due to a medical and/or mobility condition; or c) relocate to smaller/larger accommodation due to under/over-occupation; or 4) They are a former resident who has previously lived permanently on the Isles of Scilly for a continuous period of at least five years, and who: a) has been away for educational or training purposes, or to obtain work experience or professional or technical accreditation; or b) is currently employed by the armed forces or merchant navy and whose main residence will be on the islands; or c) is retired from the armed forces or merchant navy; or d) needs to provide substantial care to a relative who has lived continuously on the islands for at least five years ('substantial care' means that the requirement for such care has been identified by a medical doctor or relevant statutory support agency).

Balanced Housing Stock

1) All new residential development must contribute towards the creation of sustainable, balanced and inclusive island communities by ensuring an appropriate mix of dwelling types, number of bedrooms and tenures, taking account of what is in demand at the time, imbalances in the housing stock, and viability and market considerations. 2) All new homes must offer a good standard of accommodation by being constructed in accordance with the minimum Nationally Described Space Standards (Technical Housing Standards) (or any replacement standards) and no more than 30% above these minimum standards, as a maximum; 3) All homes will be encouraged to be accessible and adaptable in accordance with Building Regulations Requirement M4(2) or any successor regulations. 4) Wheelchair users' homes will be encouraged to be constructed in accordance with Building Regulations Requirement M4(3) or any successor regulations, and will be encouraged where a specific local need for a wheelchair-adaptable or accessible home is identified. 5) All affordable homes permitted under LC6 and LC7, including custom/self-build, must be affordable by size and type to local people and will remain so in perpetuity, 6) All affordable homes will be subject to a condition removing permitted development rights in respect of extensions, to ensure they remain of a size that meets the affordability needs of the islands.

Staff Accommodation

1) New staff accommodation for businesses and organisations will be permitted where: a) an appraisal is submitted demonstrating that there is a functional and operational need for the proposed accommodation that cannot be met by existing suitable accommodation available in the area; and b) the size and type of the proposed accommodation is appropriate to the functional and operational needs of the business or organisation; and c) on St Mary's the proposed accommodation is within or adjoining an existing settlement unless it involves the re-use of an existing building in accordance with Policy SS3; or d) on an off-Island the proposed accommodation is located within an existing building or adjacent or well related to the existing business consistent with Policy LC7. 2) All staff accommodation permitted will be subject to occupancy restrictions. In addition to the above, seasonal staff accommodation will only be permitted where it: a) is located in an area that relates well to the business where possible, with the exception of the re-use of buildings; and b) does not cause harm to residential amenity through staff working unsociable hours. 2) Where staff accommodation is required for a new business, the development will only be supported where it is demonstrated that the business is viable in the long term, supported by a business plan for a minimum of five years.

Removal of Occupancy Conditions

1) Planning permission for the removal of an occupancy restriction on residential accommodation will only be permitted where it can be evidentially shown that: a) there is no longer a continued need for the accommodation for any business or organisation on the islands; and b) the property has been marketed locally for an appropriate period (minimum 12 months) at an appropriate price. 2) In the event that staff accommodation is no longer required in connection with a business and depending on the type and location of the accommodation, an alternative condition will be imposed restricting occupancy to a principal residence home that would be available to meet a Local Housing Need.

Housing Allocations

The following sites are allocated on the Policies Map for housing development over the plan period. In addition to all other relevant policies in this plan each site has specific development requirements as set out below. H1: 0.54ha Former Secondary School, Carn Thomas, Hugh Town, St Mary's - A residential development of around 26 homes of an appropriate scale and design, which will require: i. Appropriate connections and upgrades to water and sewerage, with any planned improvements taken into consideration; and ii. An appropriate heritage assessment to guide the design of the scheme, to ensure no harm to the setting and protect the significance of designated and undesignated heritage assets, in the vicinity of this site, given its prominent location. H2: 0.2ha Former Primary School, Carn Thomas, Hugh Town, St Mary's - A residential development of around 7 homes of an appropriate scale and design, which will require: i. The retention/conversion of the original and traditional buildings, enhanced to a high standard of design; and ii. Appropriate connections and upgrades to water and sewerage, with any planned improvements taken into consideration. H3: 0.53ha Land at to the west side of Old Town Road on the north of Ennor Castle, Old Town, St Mary's - A residential development of around 15 homes of an appropriate scale and design, which will require: i. Appropriate vehicular and pedestrian access; ii. Appropriate connections and upgrades to water and sewerage, with any planned improvements taken into consideration; iii. Design and access measures to protect and enhance the setting of Ennor Castle, including: • maintenance or enhancement of the historic landscape character through careful design of density, style, fabric and variety for new homes and garden boundaries, informed by those existing in the historic core of Old Town and through retention of existing boundary banks and trees; • retention of the existing trackway on the south to ensure continued access to the rear (west side) of the development; and iv. Impacts of surface water run-off (on the adjacent SSSI) to be avoided; and v. Heritage assessment and archaeological monitoring of groundwork. H4: 0.44ha Land to the north east side of Ennor close, Old Town, St Mary's - A residential development of around 13 homes of an appropriate scale and design which will require: i. Appropriate vehicular and pedestrian access; ii. Appropriate connections and upgrades to water and sewerage with any planned improvements taken into consideration; and iii. Heritage assessment and archaeological monitoring of groundwork. H5: 0.42ha Land to the south of Launceston Close, Old Town St Mary's - A residential development of around 12 homes of an appropriate scale and design which will require: i. Appropriate vehicular and pedestrian access; ii. Appropriate connections and upgrades to water and sewerage with any planned improvements taken into consideration; and iii. Heritage assessment and archaeological monitoring of groundwork. H6: 0.37ha Land to the south east of Ennor Close, Old Town, St Mary's - A residential development of around 11 homes of an appropriate scale and design which will require: i. Appropriate vehicular and pedestrian access; ii. Appropriate connections and upgrades to water and sewerage with any planned improvements taken into consideration; iii. Heritage assessment and archaeological monitoring of groundwork; and iv. Investigations as to potential tidal flood risk including appropriate mitigation measures. H7: 0.65ha Land to the east of Ennor Close, Old Town, St Mary's - A residential development of around 20 homes of an appropriate scale and design which will require: i. Appropriate vehicular and pedestrian access; ii. Appropriate connections and upgrades to water and sewerage with any planned improvements taken into consideration; iii. Heritage assessment and archaeological monitoring of groundwork; and iv. Measures to reduce future amenity issues for occupants of new housing and to minimise conflict with the operational and safety requirements of St Mary's Airport. H8: 0.4ha Land at Sandy Banks, Porthmellon, St Mary's - A residential development of around 12 homes of an appropriate scale and design which will require: i. Appropriate vehicular and pedestrian access; ii. Appropriate connections and upgrades to water and sewerage with any planned improvements taken into consideration; iii. Heritage assessment and archaeological monitoring of groundwork; and iv. Investigations as to potential tidal flood risk including appropriate mitigation measures.

Windfall Housing

1) Proposals for new homes, including custom and self-build, will be permitted: a) On St Mary's where the site is within or adjoining an existing settlement as shown on the Policies Map; or b) On the off-islands where new homes are required to meet a Local Housing Need specific to that off-island. 2) All new homes will be required to meet Local Housing Needs in accordance with Policies LC1, LC2 and LC3.

Replacement Dwellings and Residential Extensions, Alterations and Ancillary Accommodation

1) The alternation, enlargement, replacement or substantial rebuilding of a lawful dwelling will be supported subject to compliance with the following requirements: a) The size, siting and design, as well as the use of materials, of the proposal would not be more visually intrusive in the landscape or have a harmful impact upon the amenity of neighbouring properties. b) Where a proposal results in an increase in size (either in relation to number of bedrooms, floors, usable floor space or footprint) of the original dwelling then this should meet, and be no greater than 30% above as a maximum, the minimum space standards as set out in the Nationally Described Space Standards (Technical Housing Standards) (or any replacement standards); unless clear justification is provided as to why a larger home is required. 2) A replacement dwelling or an extension or alteration to an existing dwelling will not be permitted to include any self-contained holiday letting accommodation unless this already lawfully forms part of the existing property, secured through planning permission or a lawful development certificate. 3) All planning applications for replacement dwellings, extensions or alterations that increase the number of bedrooms relative to the existing dwelling should: a) proportionately improve the overall energy performance of the building and accord with the principles set out in Policies SS1 Principles of Sustainable Development and SS2 Sustainable Quality and Design; and b) ensure there is sufficient space within the existing curtilage to accommodate the proposal without resulting in overdevelopment of the site or adversely impacting on residential amenity space and parking provision; and c) be supported by calculations of the existing and proposed internal habitable floor space and the number of proposed permanent occupants.

Homes in Multiple Occupation

1) In order to support mixed and balanced communities and to ensure that a range of household needs continue to be accommodated throughout the islands, a material change to a House in Multiple Occupation (HMO) will be permitted where: a) the use would not cause a detrimental impact upon adjacent and neighbouring residential amenity or neighbouring land uses; or b) the immediate area is not already imbalanced by a concentration of such uses and where the development would not create such an imbalance. 2) Dwellings in use as Class C4, mixed C3/C4 use, and HMOs in sui generis use will be considered to be HMOs.

Re-use of Buildings

The re-use of traditional or historic buildings, worthy of retention for residential use will be permitted provided that all the above criteria are met and that: a) the proposal is to address a local housing need or staff accommodation, and is subject to appropriate occupancy restrictions in accordance with Policies LC2 and LC4; or b) the proposal is for a holiday let on the basis that it has been demonstrated that there are no other viable means of protecting and retaining the building; and c) the building is of local traditional architectural or historic merit, worthy of retention; and d) the proposal is supported by a structural survey to demonstrate the amount of repair or rebuilding required to convert the building to the proposed use.

Re-use of Buildings

The re-use of non-traditional buildings for residential use will only be permitted provided that all of (1) criteria a)-e) are met and where the proposal is to address a local housing need or staff accommodation and is subject to appropriate occupancy restrictions in accordance with Policies LC2 and LC4.

Physical Infrastructure

Development proposals, where they comply with other relevant policies within this Local Plan, will be supported where they are: 1) evidenced by the necessary existing or planned physical infrastructure to enable its delivery; or 2) for new physical infrastructure where this makes a positive contribution to the sustainability of the islands.

Water and Wastewater Management

1) Development that requires a new connection to mains or private drinking or waste water systems will be permitted provided that: a) it does not result in the deterioration of, and where possible assists in improving water quality, to support the attainment of the requirements of the Water Framework Directive; b) it complies with national policy and guidance in relation to flood risk; c) it does not result in a risk to the quality of groundwater, and there is no risk to public or private water supplies; d) all new homes (including replacement dwellings and conversions) achieve a water consumption standard of no more than 110 litres per person per day; e) all new non-residential developments of 500 sqm or more achieve the BREEAM 'excellent' credit required for water consumption; and f) it does not impact on habitats and designated sites Criteria d) – f) need to be satisfied unless it can be demonstrated that it is not financially viable to do so. 2) If neither a mains nor package waste-water treatment plant is feasible to deliver the requirements of a new development, then a system incorporating septic tanks may be considered, provided there are no adverse environmental or public health effects from the installation.

Protection of Retailing, Recreation and Community Facilities

1) Development for new retailing and community facilities, including recreation spaces and an integrated health and social care facility, will be supported where: a) it is appropriately designed, scaled and located in accordance with other policies in the Local Plan; and b) it does not harm the amenities of the surrounding areas and maintains pedestrian and highway safety. 2) Development (including the change of use of existing premises) that involves the loss of ground-floor retail units, ancillary retail or public houses, within the defined Town Centre of the Policies Map, will only be permitted if it can be demonstrated that the use is no longer, or cannot be made, commercially viable. All applications that result in the loss of such facilities must be supported by appropriate marketing (for a minimum period of 12 months) and a financial viability assessment to support the proposal. 3) Development that would result in the loss, or prejudice the use of a recreational or sporting facility, as defined on the Policies Map, or other community or cultural service or facility, will not be permitted unless it can be clearly demonstrated that: a) there is no longer a need for the specific facility or service by the community, including over the longer term; and b) a need for other permitted uses or other facilities and services has been explored and is not required; or c) a replacement facility or service is provided that is accessibly located to the local community and of at least equivalent standard; or d) in the case of a local commercial service, it cannot be continued and made viable over the longer term. 4) In respect of (3) c), planning conditions or obligations will be used to ensure that the replacement provision, where this is essentially required, is secured at an appropriate time in relation to the redevelopment of the site/building. 5) Where the case for a change of use is accepted, with respect to Parts (2) and (3) above, favourable consideration will be given to: a) Use Classes that fall within Class E, Class F.1 and Class F.2 of the Use Classes Order before other employment uses are considered; or b) When it can be demonstrated that compliance with (3)a) above is not possible then a change of use to housing in accordance with Policy SS3 and Policy LC3 may be permitted.

Visitor Economy and Tourism Development

1) Proposals for new or upgraded tourism development will be permitted where they: a) make a positive contribution to creating a sustainable, diverse and modern tourism economy; and b) are located in sustainable and accessible locations; and c) are appropriate to the site and its surroundings in terms of activity, scale and design; and d) do not result in an unacceptable impact on the environment or residential amenities, in accordance with other relevant policies in the Local Plan; and e) in the case of conversions, do not result in the loss of homes that would otherwise be available for permanent occupation, unless there are wider public benefits demonstrated to offset the loss of permanently available homes. 2) Proposals for tourism developments will be particularly encouraged subject to a) – e) above, and where it is demonstrated that they would: a) extend the tourism season and increase productivity and wages in tourism; b) support the promotion and interpretation of the islands' heritage; and c) provide a viable and appropriate use for under-used buildings where they can be converted and are worthy of retention, and in accordance with Policy SS3. 3) In relation to serviced accommodation (hotels or guesthouses) development proposals that would involve the loss of existing and lawfully operating serviced accommodation, either in whole or in part, will only be permitted where: a) an alternative form of tourism accommodation, including self-catering accommodation is provided, which is of benefit to the islands' overall tourism accommodation offer and where any existing element of permanent residential accommodation (e.g. for owners or staff) is retained; or b) it is for another economic, community or mixed economic and community uses (including retail, leisure, restaurant or café) providing it complies with (1) a)-e). 4) Proposals for the change of use of lawfully operating serviced accommodation to residential dwellings will only be permitted where the accommodation is for the permanent occupation by staff or is otherwise meeting a local housing need, in which case an occupancy restriction will be imposed. 5) Proposals for a change of use of a dwelling where an informal bed and breakfast has been operating (and has not been subject to formal planning approval) or for any additional holiday letting accommodation within the curtilage, will not be permitted under (1) above, unless a certificate of lawful use has been obtained to demonstrate that the use of the property as a C1 guesthouse is lawful. 6) In all cases, proposals must demonstrate a reduction in waste, water and energy consumption, supported by the incorporation of clear sustainable design measures, in accordance with Policies SS1 and SS2. Applications will need to be supported by justification as to how the above is being addressed by the proposal.

Managing Movement

1) Development that has the potential to generate vehicular movements and car parking will be permitted provided that: a) provision is made to support and promote the use of sustainable transport such as walking, cycling and electric vehicles, where appropriate; b) it does not have an adverse impact on the function, safety and character of the local highway network; and c) an appropriate level of off-street cycle and car parking and electric vehicle charging is provided, taking into account the scale and type of development and the accessibility of the location to facilities and services. 2) Development that generates significant amounts of movement must be supported by a Transport Assessment and Travel Plan.

Travel and Transport

1) Development proposals that prejudice the effectiveness and efficiency of the operation of transport links and associated infrastructure will not be permitted. 2) Support will be given to proposals that improve the islands' air and sea links and associated infrastructure.