Planning in Kirklees

Health and supporting communities

a. supporting and enabling strong, vibrant and healthy communities; b. facilitating opportunities for sport and physical activity to help improve health and well-being by providing access to a range of high quality sport and leisure facilities, open space, green corridors and parks which are well designed and accessible to all; c. promoting opportunities to improve access to and delivery of local health services including primary care and mental health services which can meet the health and well-being needs of the community; d. supporting improvements to the built environment, through high-quality, energy efficient design and location of development; e. ensuring that the current air quality in the district is monitored and maintained and, where required, appropriate mitigation measures included as part of new development proposals; f. creating high-quality and inclusive environments incorporating active design and the creation of safe, accessible and green environments which minimise and mitigate against potential harm from risks such as pollution and other environmental hazards; g. encouraging the co-location of facilities so that different types of open space and facilities for sport and recreation can be located next to each other and in close proximity to other community facilities for education and health; h. working with partners to manage the location of hot food take-aways particularly in areas of poor health; i. encouraging initiatives to promote energy efficiency within homes; and j. supporting appropriate initiatives which address poor health indicators and anti-social behaviour in the district. Health Impact Assessments will be carried out for all proposals that are likely to have a significant impact on the health and well-being of the local communities, or particular groups within it, in order to identify measures to maximise the health benefits of the development and avoid any potential adverse impacts.

Community facilities and services

Community facilities should be provided in accessible locations where they can minimise the need to travel or they can be made accessible by walking, cycling and public transport. This will normally be in town, district or local centres. Proposals will be supported for development that protects, retains or enhances provision, quality or accessibility of existing community, education, leisure and cultural facilities that meets the needs of all members of the community. Where community facilities are provided as an integral part of a development, they should wherever possible be within adaptable mixed-use buildings. Proposals which involve the loss of valued community facilities such as shops, public houses and other facilities of value to the local community will only be permitted where it can be demonstrated that: a. there is no longer a need for the facility and all options including the scope for alternative community uses have been considered; or b. its current use is no longer viable; or c. there is adequate alternative provision in the locality to serve the local community which is in an equally accessible location; or d. an alternative facility of equivalent or better standard will be provided, either on-site or equally accessible; and e. any assets listed on a Community Asset Register have satisfied the requirements under the relevant legislation.

Educational and health care needs

Where the scale of development proposed may impact on education and health provision, the council will actively work with applicants to resolve key planning issues in advance of a planning application being submitted. The need for the provision of additional school places will be a material consideration when proposals for new housing development are considered. Developers should work with the council at the earliest opportunity to ensure the phasing of development and appropriate mitigation is identified in a timely manner to ensure education provision can be secured. Proposals for new or enhanced education facilities will be permitted where: a. they will meet an identified deficiency in provision; b. the scale, range, quality and accessibility of education facilities are improved; c. they are well related to the catchment they are intended to serve to minimise the need to travel or they can be made accessible by walking, cycling and public transport. Proposals for new or enhanced healthcare facilities will be permitted where: a. the scale and location is appropriate for the catchment; b. there is a need for a new healthcare facility, particularly in relation to the spatial development strategy; c. they are well related to the catchment they will serve to minimise the need to travel or they can be made accessible by walking, cycling and public transport.

Healthy, active and safe lifestyles

The council will, with its partners, create an environment which supports healthy, active and safe communities and reduces inequality. Healthy, active and safe lifestyles will be enabled by: a. facilitating access to a range of high quality, well maintained and accessible open spaces and play, sports, leisure and cultural facilities; b. increasing access to green spaces and green infrastructure to promote health and mental well-being; c. the protection and improvement of the stock of playing pitches; d. supporting initiatives which enable or improve access to healthy food. For example, land for local food growing or allotments; e. increasing opportunities for walking, cycling and encouraging more sustainable travel choices; f. supporting energy efficient design and location of development; g. ensuring that the current air quality in the district is monitored and maintained and, where required, appropriate mitigation measures included as part of new development proposals; h. creating high-quality and inclusive environments incorporating active design and the creation of safe, accessible and green environments which minimise and mitigate against potential harm from risks such as pollution and other environmental hazards; i. encouraging the co-location of facilities so that different types of open space and facilities for sport and recreation can be located next to each other and in close proximity to other community facilities for education and health; j. working with partners to manage the location of hot food take-aways particularly in areas of poor health; k. encouraging initiatives to promote energy efficiency within homes; and l. supporting appropriate initiatives which address poor health indicators and anti-social behaviour in the district. Health Impact Assessments will be carried out for all proposals that are likely to have a significant impact on the health and well-being of the local communities, or particular groups within it, in order to identify measures to maximise the health benefits of the development and avoid any potential adverse impacts.

Sport and physical activity

The council will seek to protect, enhance and support new and existing open spaces, outdoor and indoor sport and leisure facilities where appropriate, encouraging everyone in Kirklees to be as physically active as possible and promoting a healthier lifestyle for all. Sport and leisure facilities will be protected where they are needed to meet current and future demands. The loss of open space, sport and leisure facilities will only be allowed where:- a. an assessment clearly shows that the site is no longer required to meet an identified need for open space, sport, or recreation use; or b. equivalent or better replacement facilities in terms of quantity and quality are provided to compensate for those lost as a result of the development and these are within an easily accessible location for existing and potential new users; or c. the proposal is for an alternative sport, leisure or open space use that is needed to help address identified deficiencies and clearly outweighs the loss of the existing facility. Any proposed loss of community sports facilities should be supported by a detailed needs assessment report. The enhancement of outdoor sports facilities through improving the quality and management of sites as identified in the Playing Pitch Strategy will be supported. The creation of new outdoor sport facilities will be supported which help address deficiencies in playing pitches identified in the Playing Pitch Strategy particularly proposals which help meet the significant shortfalls in football. Support will be given to proposals which expand and enhance the range of indoor leisure facilities on offer in the district, provided this does not conflict with other Local Plan policies. Where these facilities are included within the definition of town centre uses, such as health and fitness facilities and sports centres, the Local Plan town centres policy will apply including the sequential test. Support will be given to proposals that enable community use of school facilities, particularly where these help meet sport and leisure needs of the local community as identified in the Built Leisure & Sports Facilities Strategic Framework and the Playing Pitch Strategy. The renewal or redevelopment of secondary school sites will be encouraged to make provision for community use and where possible secured through the planning process.

Masterplanning sites

Masterplans must involve all the relevant stakeholders, including the council, landowners, developers, the local community, service providers and other interested parties. Masterplans will be developed in consultation with the council prior to the submission of a planning application. Masterplans would only be sought where feasible and appropriate. Masterplans will be expected to achieve the following (proportionate to the scale of development): a. an indicative development layout and phasing and implementation plan; b. high standards of design that respect the character of the landscape, heritage, adjacent and nearby settlements and built development, reflecting the urban to rural transition with appropriate boundary treatment; c. make effective use of the site through the application of appropriate densities in terms of scale, height and massing, and its relationship to adjoining buildings and landscape; d. create a strong sense of place, ensuring the proposed development makes a positive contribution to local character and distinctiveness; e. plan for integrated development, providing for a mix of housing that addresses the range of local housing needs, and encourages community cohesion; f. reduce the need for car use and encourage sustainable modes of travel, including provision for public transport, cycle routes, footpaths and bridleways and electric charging points; g. a network of permeable and interconnected streets and public spaces; h. measures to mitigate the traffic impacts of the proposed development on the strategic and local road networks; i. timely delivery of physical infrastructure, including sewage connections and fibre optic broadband; j. appropriate employment provision and community facilities to serve the new development (e.g. local shops, community halls, schools and health facilities, community sport and fitness provision); k. accessible open space to meet identified local needs and/or increase accessibility to existing open spaces; l. a green infrastructure strategy, providing an integrated network of green spaces; m. appropriate measures to mitigate flood risk and ensure that the development is resilient to the potential impacts of climate change; n. assessment of the potential for energy efficient design including renewable energy schemes; and o. demonstration of a good understanding and respect for the natural environment, its heritage assets and their setting both within the site and in the wider locality, whether designated or not, and include details of how the natural environment and heritage assets will be conserved and enhanced. A management plan must be produced as part of the master-planning process to demonstrate how infrastructure and community assets will be maintained and managed following completion of development.

Place shaping

All development proposals should seek to build on the strengths, opportunities and help address challenges identified in the Local Plan, in order to protect and enhance the qualities which contribute to the character of these places, as set out in the four sub-area statement boxes below:

Design

Good design should be at the core of all proposals in the district and should be considered at the outset of the development process, ensuring that design forms part of pre-application consultation of a proposal. Development briefs, design codes and masterplans should be used to secure high quality, green, accessible, inclusive and safe design, where applicable. Where appropriate and in agreement with the developer schemes will be submitted for design review. Proposals should promote good design by ensuring: a. the form, scale, layout and details of all development respects and enhances the character of the townscape, heritage assets and landscape; b. they provide a high standard of amenity for future and neighbouring occupiers; including maintaining appropriate distances between buildings and the creation of development-free buffer zones between housing and employment uses incorporating means of screening where necessary; c. extensions are subservient to the original building, are in keeping with the existing buildings in terms of scale, materials and details and minimise impact on residential amenity of future and neighbouring occupiers; d. high levels of sustainability, to a degree proportionate to the proposal, through: i. The re-use and adaptation of existing buildings, where practicable; ii. design that promotes behavioural change, promoting walkable neighbourhoods and making walking and cycling more attractive; iii. considering the use of innovative construction materials and techniques, including reclaimed and recycled materials; iv. where practicable, minimising resource use in the building by orientating buildings to utilise passive solar design. This includes encouraging the incorporation of vegetation and tree planting to assist heating and cooling and considering the use of renewable energy; v. providing charging points to encourage the use of electric and low emission vehicles; vi. incorporating adequate facilities to allow occupiers to separate and store waste for recycling and recovery that are well designed and visually unobtrusive and allows for the convenient collection of waste; vii. designing buildings that are resilient and resistant to flood risk, where such buildings are acceptable in accordance with flood risk policies and through incorporation of multi-functional green infrastructure where appropriate; viii. designing places that are adaptable and able to respond to change, with consideration given to accommodating services and infrastructure, access to high quality public transport facilities and offer flexibility to meet changing requirements of the resident / user; e. the risk of crime is minimised by enhanced security, and the promotion of well-defined routes, overlooked streets and places, high levels of activity, and well-designed security features; f. the needs of a range of different users are met, including disabled people, older people and families with small children to create accessible and inclusive places; g. any new open space is accessible, safe, overlooked and strategically located within the site and well integrated into wider green infrastructure networks; h. development contributes towards enhancement of the natural environment, supports biodiversity and connects to and enhances ecological networks and green infrastructure; i. the retention of valuable or important trees and where appropriate the planting of new trees and other landscaping to maximise visual amenity and environmental benefits; and j. the provision of public art where appropriate.

Advertisements and shop fronts

1. The development of new or replacement shop front units and display of advertisements will only be permitted if they satisfy the following criteria: a. the design is consistent with the character of the existing building in terms of scale, quality and use of materials; b. proposals respect the character of the locality and any features of historic, architectural, cultural or other special interest; c. the shop fascia is designed to be in scale, in its depth and width, with the façade and street scene of which it forms part. 2. Proposals for the alteration of existing shop fronts or installation of new shop fronts and display of advertisements on a Listed Building or within a Conservation Area should preserve or enhance the character and appearance of the building, the area in which it is located and any features of architectural or historical interest. Existing traditional shop fronts shall be retained and restored unless exceptional circumstances apply. Proposals for new shop fronts and advertisements must be of a high standard of design and be appropriate in style, scale and materials to the building and its setting.

Location of new development

Development proposals will be required to reflect the Spatial Development Strategy, Policy LP1 Presumption in Favour of Sustainable Development and Policy LP2 Place Shaping. This means: 1) Development should reflect: a. the settlement's size and function; and b. place shaping strengths, opportunities and challenges for growth; and c. spatial priorities for urban renaissance and regeneration; and d. the need to provide for new homes and jobs; 2) Development will be permitted where it supports the delivery of housing and employment growth in a sustainable way, taking account of the following criteria: a. delivering the housing and job requirements set out in the Local Plan; b. the need to maintain a supply of specific deliverable sites, in accordance with national policy and enabling the delivery of allocations set out in the Local Plan or in Neighbourhood Plans; c. ensuring that opportunities for development on brownfield (previously developed) sites are realised early in the plan, subject to maintaining a five year supply of housing land and to delivering the overall housing and jobs requirements; d. ensuring delivery of housing and jobs in smaller settlements to meet local housing and employment needs; e. ensuring that proposals have regard to connecting links to existing green and blue infrastructure networks; f. co-ordinating housing and employment land delivery with the provision of new infrastructure. g. providing access to a range of transport choices and access to local services.

The extension, alteration or replacement of existing buildings

Proposals for the extension, alteration or replacement of buildings in the Green Belt will normally be acceptable provided that: a. in the case of extensions the original building remains the dominant element both in terms of size and overall appearance. The cumulative impact of previous extensions and of other associated buildings will be taken into account. Proposals to extend buildings which have already been extended should have regard to the scale and character of the original part of the building; b. in the case of replacement buildings, the new building must be in the same use as and not be materially larger than the building it is replacing; c. the proposal does not result in a greater impact on openness in terms of the treatment of outdoor areas, including hard standings, curtilages and enclosures and means of access; and d. the design and materials should have regard to relevant design policies to ensure that the resultant development does not materially detract from its Green Belt setting.

Garden extensions

Proposals to change the use of land in the Green Belt to a domestic garden will not normally be permitted. Where it can be shown that very special circumstances exist that would warrant allowing the proposal, consideration will need to be given to the following; a. the degree, location and orientation of the enclosure, which should cause least harm to the openness of the Green Belt; and that b. the means of enclosure is appropriate to its setting and is of a high quality of materials and design. Permitted development rights for structures such as garages, sheds, greenhouses or other ancillary or incidental buildings or structures may be removed if it is considered that they would subsequently result in an unacceptable intrusion of urban character into their Green Belt setting.

Supporting the rural economy

1. The economic performance of the rural economy will be improved by: a. supporting the rural digital economy; b. supporting the needs of small and medium sized enterprises; c. increasing local employment opportunities; d. supporting and increasing tourism related development, including encouraging new facilities and accommodation for tourists; e. supporting sustainable business clusters, business incubation, business start-up proposals and home working; f. supporting farm diversification schemes, where the proposal would not adversely affect the management and viability of any farm holding, and in the case of farm shops, the goods to be sold are primarily those which are produced on the host farm or neighbouring farms. 2. In all cases where development is proposed in the Green Belt regard must be had to the relevant policies in this plan and relevant national planning policy. 3. Development proposals will not be supported where they would adversely impact on areas of particular environmental sensitivity, such as the Peak District National Park, and where proposals would lead to unsustainable development, contrary to other policies in the Local Plan. 4. Development proposals for main town centres uses that are above 150 square metres in non-urban areas* and in out of centre locations will only be permitted where identified needs of the business cannot be met within existing centres or in edge of centre locations. *Non-urban areas are defined as areas or land located within the Green Belt.

Safeguarding employment land and premises

1. Proposals for development or re-development for employment generating uses (as defined in the Glossary) in Priority Employment Areas will be supported where there is no conflict with the established employment uses (as defined in the Glossary) in the area. In instances where the site is out of centre and the proposal includes main town centre uses then policy LP13 will need to be applied. 2. Within Priority Employment Areas, proposals for redevelopment resulting in a non-employment generating use, or for the conversion or change of use of sites and premises in use or last used for employment, will only be supported where: a. it can be demonstrated that the site or premises are no longer capable of employment use; and b. the proposed use is compatible with neighbouring uses and where applicable, would not prejudice the continued use of neighbouring land for employment.

Supporting skilled and flexible communities and workforce

The council will work with partners to accelerate economic growth through the development of skilled and flexible communities and workforce in order to underpin future economic growth to deliver the Kirklees Economic Strategy. Wherever possible, proposals for new development will be strongly encouraged to contribute to the creation of local employment opportunities within the district with the aim of increasing wage levels and to support growth in the overall proportion of the districts' residents in education or training. Applicants should reach an agreement with the council about measures to achieve this, which could include: provision of specific training and apprenticeships that are related to the proposed development or support other agreed priorities for improving skills and education in Kirklees or the creation of conditions to support a higher performing workforce, increasing productivity and the in work progression of employees. The Council will therefore seek to secure an agreed training or apprenticeship programme with applicants where development meets the following thresholds: 3,500 sq.m. or more of business or industrial floorspace; or Housing developments which would deliver 60 dwellings or more In instances where the development does not trigger one of the above thresholds then wherever feasible the Council will seek to secure alternative education or training programmes with the applicant. To contribute to skills development, the council will support development which relates to the operational needs of and/or expansion of all of the district's higher, further and specialist education establishments including the University of Huddersfield and Kirklees College. Ancillary and related uses will also be supported providing it can be demonstrated that such uses are: a. genuinely linked to the education establishment and its operations; b. in locations where they are compatible with the surrounding land uses; c. in accessible locations which minimise the need to travel; and d. where it does not conflict with the plan's town centre policies or other relevant policies. Where appropriate any new or proposed extensions to existing campuses should be guided by a comprehensive, up to date strategy and masterplan.

Renewable and low carbon energy

Renewable and low carbon energy proposals (excluding wind) will be supported and planning permission granted where the following criteria are met: a. the proposal would not have an unacceptable impact on landscape character and visual appearance of the local area, including the urban environment; b. the proposal would not have either individually or cumulatively an unacceptable impact on protected species, designated sites of importance for biodiversity or heritage assets; c. the statutory protection of any area would not be compromised by the development; d. any noise, odour, traffic or other impact of development is mitigated so as not to cause unacceptable detriment to local amenity; e. any significant adverse effects of the proposal are mitigated by wider environmental, social and economic benefits. Where the above criteria are met, the council encourages dialogue with local community groups promoting community renewable and low carbon energy schemes. The creation of district heat networks is encouraged across Kirklees. Heat networks can be developed at different scales and all new developments should consider their potential. Proposals requiring a master plan should explore the potential of developing a heat network, or connecting to an existing network.

Trees

The Council will not grant planning permission for developments which directly or indirectly threaten trees or woodlands of significant amenity. Proposals should normally retain any valuable or important trees where they make a contribution to public amenity, the distinctiveness of a specific location or contribute to the environment, including the Wildlife Habitat Network and green infrastructure networks. Proposals will need to comply with relevant national standards regarding the protection of trees in relation to design, demolition and construction. Where tree loss is deemed to be acceptable, developers will be required to submit a detailed mitigation scheme.

Conserving and enhancing the water environment

Proposals must: 1. Ensure no deterioration of water courses or water bodies (including groundwater) by conserving and, where practicable, enhancing: a. the natural geomorphology of watercourses, including reinstating watercourses to their natural state through removal of modifications resulting from past industrial uses; b. water quality; and c. the ecological value of the water environment, including the functionality of habitat networks. 2. Ensure Source Protection Zones are protected from contamination as a result of the proposal in line with national guidance. 3. Dispose of surface water appropriately (in accordance with the Local Plan drainage policy) adhering to the following networks in order of preference: a. to an infiltration based system wherever possible (such as soakaways); b. discharge into a watercourse with the prior approval of the landowner, navigation authority or Environment Agency, where applicable. To comply with part 1 of this policy this must be following treatment where necessary or where no treatment is required to prevent pollution of the receiving watercourse; c. discharge to a public sewer. Proposals are encouraged to: 4. Make positive progress towards achieving 'good status or potential' under the Water Framework Directive in surface and groundwater bodies. 5. Manage water demand and improve water efficiency through appropriate water conservation techniques including rainwater harvesting and grey-water recycling as well as considering water availability from surface water and groundwater sources. 6. Improve water quality through the incorporation of appropriately constructed and maintained Sustainable Drainage Systems and surface water management techniques taking into account the sensitivity of groundwater.

Urban green space

Development proposals that would result in the loss of valuable green space in Kirklees will not be permitted unless an assessment shows the green space to be clearly surplus to requirements. In order to safeguard urban green spaces important for their visual amenity, landscape and biodiversity benefits, development proposals will not be permitted which would be harmful to these qualities or the function of the urban green space. Development of urban green space and smaller valuable green spaces may be permitted where replacement equivalent or better provision can be created to serve the same community. The new open space must be as easily accessible for existing and potential new users and at least equivalent or better in quantity and quality to the green space being replaced. Development proposals that provide alternative open space, sport or recreational facilities on green spaces could be supported, particularly where they can help meet identified shortfalls in provision in the area. In all cases, the need for alternative provision should clearly outweigh the loss of the existing green space.

Local green space

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

New open space

The council will seek to secure well-designed new and improved open space, sport and recreation facilities in the district to encourage everyone in Kirklees to be as physically active as possible and promote a healthy lifestyle for all. New housing developments will be required to provide or contribute towards new open space or the improvement of existing provision in the area, unless the developer clearly demonstrates that it is not financially viable for the development proposal. New open space should be provided in accordance with the council's local open space standards or national standards where relevant. In determining the required open space provision, the council will have regard to the type of housing proposed and the availability, quality and accessibility of open space provision in the area assessed in accordance with the council's district wide open space standards. The provision of playing pitches will also be considered. This analysis will help determine the need for new on-site or off-site provision, enhancement of existing provision and/or a financial contribution. In areas where existing open space provision is insufficient to meet local needs, provision of new open space on-site would be preferred to meet the needs of the development. Where this is not viable the expansion or improvement of existing open space provision in the area will be sought and the co-location of open space, sport and recreation facilities will be encouraged. Open space provided on-site should be designed to complement existing facilities in the area and to allow for informal children's play through good quality landscape design. In areas where existing provision is sufficient to meet local needs, new open space can be provided on-site for amenity purposes and to achieve a well-designed scheme. New provision should complement existing facilities in the vicinity and enhance the natural landscape and environment. The council will support proposals that provide a sustainable and community led approach to the management and maintenance of public open spaces to encourage local communities to take an active role in looking after public open spaces near where they live.

Flood risk

Proposals for development which require a Sequential Test in accordance with national planning guidance will need to demonstrate that development has been directed to areas at the lowest probability of flooding, following a sequential risk based approach. The whole Kirklees district should be the starting point for the sequential test with applicants required to provide justification where a smaller area of search is proposed. If following application of the sequential test, there are no reasonably available sites which could accommodate the development in zones with a lower probability of flooding, it should also be demonstrated that a sequential approach has been applied within sites. This is to ensure that highly vulnerable and more vulnerable uses are directed towards the areas of lowest flood risk within the site. Proposals will also need to demonstrate that the exception test is passed, where applicable, as set out in national planning policy. Proposals within flood zone 3ai will be assessed in accordance with national policies relating to flood zone 3a but with all of the following additional restrictions: a. no new highly vulnerable or more vulnerable uses will be permitted; b. less vulnerable uses may only be permitted provided that the sequential test has been passed and; i. where extensions are linked operationally to an existing business or, ii. where redevelopment of a site provides buildings with the same or a smaller footprint; c. all proposals will be expected to include flood mitigation measures such as compensatory storage which should be identified and considered through a site specific Flood Risk Assessment; d. development will not be permitted on any part of the site identified through a site specific Flood Risk Assessment as performing a functional floodplain role. Proposals must be supported by an appropriate site specific Flood Risk Assessment in line with national planning policy. This must take account of all sources of flooding set out in the Strategic Flood Risk Assessment and demonstrate that the proposal will be safe throughout the lifetime of the development (taking account of climate change). The proposal must also not increase flood risk elsewhere and where possible should reduce flood risk. Mitigation measures, where necessary, should be proposed. Proposals involving building over existing culverts or the culverting or canalisation of water courses will not be permitted unless it can be demonstrated to be in the interests of public safety or to provide essential infrastructure and that there will be no detrimental effect on flood risk and biodiversity. Where feasible, development proposals should incorporate re-opening of culverts, modification of canalised water courses and consideration of mitigation measures to achieve a more natural and maintainable state. Proposals for natural management such as targeted vegetation planting in upper catchments and along river banks will be supported in appropriate locations where consistent with national and local plan policies and relevant water catchment management plans to reduce flood risk and improve water quality.

Drainage

The presumption is that Sustainable Drainage Systems (SuDS) will be used to assist in achieving the following on each site: a. for proposals on greenfield sites, typical greenfield run-off rates should not be exceeded; b. for proposals on brownfield sites there should be a minimum 30% reduction in surface water run-off where previous positive surface water connections from the site can be proven. New connections will be subject to at least greenfield restrictions; c. No negative impact on local water quality and improvements in water quality where practicable; d. Consider whether proposed open spaces and green infrastructure within sites can contribute to the sustainable drainage of the site. Local conditions including the existence of critical drainage areas may require a lower run-off rate to be agreed to reflect volume control, local surface water risks, water course capacity and flood risk further downstream. There will be a general presumption against pumping surface water. It must also be demonstrated that the surface water management solution is designed to meet requirements over the lifetime of the development including evidence that management and maintenance arrangements have been secured to cover that period. This includes ensuring proposals to store water meet national standards and latest best practice. Flow paths accommodating water from outside the site or due to an exceedance event should be designed to avoid buildings and curtilages. Development will only be permitted if it can be demonstrated that the water supply and waste water infrastructure required is available or can be co-ordinated to meet the demand generated by the new development.

Management of water bodies

Where it is proposed to develop a site already containing a water area, this should normally be retained as part of the proposal and include a future management plan for the maintenance of the water area to ensure the safety of residents for the lifetime of the development. This includes bodies of water associated with existing buildings, even where they are remote from the building, and also includes ancillary elements linked to the operation of the water body.

Biodiversity & Geodiversity

The council will seek to protect and enhance the biodiversity and geodiversity of Kirklees, including the range of international, national and locally designated wildlife and geological sites, Habitats and Species of Principal Importance and the Kirklees Wildlife Habitat Network. South Pennine Moors Proposals which may directly or indirectly compromise achieving the conservation objectives of a designated or candidate European protected site will not be permitted unless the proposal meets the conditions specified in Article 6 (3) - (4) of the Habitats Directive. Statutory Designated Sites Statutory designated sites, including the South Pennine Moors Special Protection Area (SPA) and Special Area for Conservation (SAC) and Sites of Special Scientific Interest, are already highly protected through existing laws and legislation. In accordance with legislation, the Council will seek to ensure that harmful impacts to these areas as a result of development proposals are avoided. Development proposed within or outside a designated Site of Special Scientific Interest, likely to have an adverse effect on the site's special nature conservation features, will not normally be permitted. Exceptionally development will be allowed where the benefits of the development clearly outweigh the impacts on the site's special conservation features and measures are provided to mitigate harmful impacts. The Dark Peak Nature Improvement Area Proposals that contribute to the aims and objectives of the Dark Peak Nature Improvement Area will in principle be supported, subject to other policies in this plan. Development likely to have an adverse impact on the aims and objectives of the NIA will not be permitted. Local Designated Sites & Important Local Ecological Features Proposals having a direct or indirect adverse effect on a Local Wildlife Site or Local Geological Site, Ancient Woodland, Veteran Tree or other important tree, will not be permitted unless the benefits of the development can be clearly shown to outweigh the need to safeguard the local conservation value of the site or feature and there is no alternative means to deliver the proposal. In all cases, full compensatory measures would be required and secured in the long term. Habitats and Species of Principal Importance Proposals will be required to protect Habitats and Species of Principal Importance unless the benefits of the development clearly outweigh the importance of the biodiversity interest, in which case long term compensatory measures will need to be secured. Biodiversity and Development Development proposals will be required to:- (i) result in no significant loss or harm to biodiversity in Kirklees through avoidance, adequate mitigation or, as a last resort, compensatory measures secured through the establishment of a legally binding agreement; (ii) minimise impact on biodiversity and provide net biodiversity gains through good design by incorporating biodiversity enhancements and habitat creation where opportunities exist; (iii) safeguard and enhance the function and connectivity of the Kirklees Wildlife Habitat Network at a local and wider landscape-scale unless the loss of the site and its functional role within the network can be fully maintained or compensated for in the long term; (iv) establish additional ecological links to the Kirklees Wildlife Habitat Network where opportunities exist; and (iv) incorporate biodiversity enhancement measures to reflect the priority habitats and species identified for the relevant Kirklees Biodiversity Opportunity Zone.

Strategic Green Infrastructure Network

Within the Strategic Green Infrastructure Network identified on the Policies Map, priority will be given to safeguarding and enhancing green infrastructure networks, green infrastructure assets and the range of functions they provide. Development proposals within and adjacent to the Strategic Green Infrastructure Network should ensure:- (i) the function and connectivity of green infrastructure networks and assets are retained or replaced; (ii) new or enhanced green infrastructure is designed and integrated into the development scheme where appropriate, including natural greenspace, woodland and street trees; (iii) the scheme integrates into existing and proposed cycling, bridleway and walking routes, particularly the Core Walking and Cycling Network, by providing new connecting links where opportunities exist; (iv) the protection and enhancement of biodiversity and ecological links, particularly within and connecting to the Kirklees Wildlife Habitat Network. The council will support proposals for the creation of new or enhanced green infrastructure provided these do not conflict with other Local Plan policies.

Landscape

Proposals should be designed to take into account and seek to enhance the landscape character of the area considering in particular: a. the need to protect the setting and special qualities of the Peak District National park, views in and out of the park and views from surrounding viewpoints; b. the setting of settlements and buildings within the landscape; c. the patterns of woodland, trees and field boundaries; d. the appearance of rivers, canals, reservoirs and other water features within the landscape.

Waste management hierarchy

The council will encourage and support the minimisation of waste production, and support the re-use and recovery of waste materials including, for example, recycling, composting and Energy from Waste recovery. Proposals for facilities to manage waste within the district will be considered based upon the following principles: a. seeking to move the management of all waste streams up the waste hierarchy of prevention, re-use, recycling, recovery, disposal; b. promoting the opportunities for on-site management of waste where it arises; c. promoting the use of waste as a resource, particularly encouraging co-location of developments that can use each other's waste materials; d. working towards achieving the objectives and targets for recycling/recovery for waste as set out in the Waste Framework Directive; e. supporting opportunities to locate complementary facilities, such as waste disposal points and treatment facilities, in close proximity to each other.

Protection and improvement of local air quality

1. Development will be expected to demonstrate that it is not likely to result, directly or indirectly, in an increase in air pollution which would have an unacceptable impact on the natural and built environment or to people. 2. Proposals that have the potential to increase local air pollution either individually or cumulatively must be accompanied by evidence to show that the impact of the development has been assessed in accordance with the relevant guidance. Development which has the potential to cause levels of local air pollution to increase must incorporate sustainable mitigation measures that reduce the level of this impact. If sustainable measures cannot be introduced the development will not be permitted. 3. Where the development introduces new receptors into Air Quality Management Areas or Areas of Concern or near other areas of relatively poor air quality, for example near roads or junctions, the development must incorporate sustainable mitigation measures that protect the new receptors from unacceptable levels of air pollution. Where sustainable mitigation measures cannot be introduced which prevent receptors from being exposed to unsafe levels of air pollution, development will not be permitted.

Protection and improvement of environmental quality

Proposals which have the potential to increase pollution from noise, vibration, light, dust, odour, shadow flicker, chemicals and other forms of pollution or to increase pollution to soil or where environmentally sensitive development would be subject to significant levels of pollution, must be accompanied by evidence to show that the impacts have been evaluated and measures have been incorporated to prevent or reduce the pollution, so as to ensure it does not reduce the quality of life and well-being of people to an unacceptable level or have unacceptable impacts on the environment. Such developments which cannot incorporate suitable and sustainable mitigation measures which reduce pollution levels to an acceptable level to protect the quality of life and well-being of people or protect the environment will not be permitted. Where possible, all new development should improve the existing environment.

Contaminated and unstable land

Development on land that is unstable, currently contaminated or suspected of being contaminated due to its previous history or geology, or that will potentially become contaminated as a result of the development, will require the submission of an appropriate contamination assessment and/or land instability risk assessment. For developments identified as being at risk of instability, or where there is evidence of contamination, measures should be incorporated to remediate the land and/or incorporate other measures to ensure that the contamination/instability does not have the potential to cause harm to people or the environment. Such developments which cannot incorporate suitable and sustainable mitigation measures which protect the well-being of residents or protect the environment will not be permitted.

Buildings for agriculture and forestry

Proposals for new buildings for agriculture and forestry will normally be acceptable, provided that; a. the building is genuinely required for the purposes of agriculture or forestry; b. the building can be sited in close association with other existing agricultural buildings, subject to the operational requirements of the holding it is intended to serve. Isolated new buildings will only be accepted exceptionally where there are clear and demonstrable reasons for an isolated location; c. there will be no detriment to the amenity of nearby residents by reason of noise or odour or any other reason; and d. the design and materials should have regard to relevant design policies to ensure that the resultant development does not materially detract from its Green Belt setting.

Brownfield sites in the Green Belt

Proposals for infilling within existing brownfield sites or for their partial or complete redevelopment will normally be acceptable, provided that: a. in the case of infilling, the gap is small and is located between existing built form on a brownfield site; b. in the case of partial or complete redevelopment the extent of the existing footprint is not exceeded; and c. redevelopment does not result in the loss of land that is of high environmental value which cannot be mitigated or compensated for. Land at Storthes Hall has been designated in the Local Plan in order to recognise it as a major brownfield site in the Green Belt. Development proposals should be accompanied by a masterplan with special attention paid to the impact of any proposal on the openness of the Green Belt. In all cases regard should be had to relevant design polices to ensure that the resultant development does not materially detract from its Green Belt setting.

The re-use and conversion of buildings

Proposals for the conversion or re-use of buildings in the Green Belt will normally be acceptable where; a. the building to be re-used or converted is of a permanent and substantial construction; b. the resultant scheme does not introduce incongruous domestic or urban characteristics into the landscape, including through the treatment of outside areas such as means of access and car parking, curtilages and other enclosures and ancillary or curtilage buildings; c. the design and materials to be used, including boundary and surface treatments are of a high quality and appropriate to their setting and the activity can be accommodated without detriment to landscape quality, residential amenity or highway safety.

Urban green space

Development proposals which would result in the loss of urban green space (as identified on the Policies Map) will only be permitted where: a. an assessment shows the open space is clearly no longer required to meet local needs for open space, sport or recreational facilities and does not make an important contribution in terms of visual amenity, landscape or biodiversity value; or b. replacement open space, sport or recreation facilities which are equivalent or better in size and quality are provided elsewhere within an easily accessible location for existing and potential new users; or c. the proposal is for an alternative open space, sport or recreation use that is needed to help address identified deficiencies and clearly outweighs the loss of the existing green space. The protection set out in this policy also applies to smaller valuable green spaces not identified on the Policies Map.

Efficient and effective use of land and buildings

To ensure the best use of land and buildings, proposals: a. should encourage the efficient use of previously developed land in sustainable locations provided that it is not of high environmental value; b. should encourage the reuse or adaptation of vacant or underused properties; c. should give priority to despoiled, degraded, derelict and contaminated land provided that it is not of high environmental value; d. will allow for access to adjoining undeveloped land so it may subsequently be developed. Housing density should ensure efficient use of land, in keeping with the character of the area and the design of the scheme: a. developments should achieve a net density of at least 35 dwellings per hectare, where appropriate; b. higher densities will be sought in principal town centres and in areas close to public transport interchanges; c. lower densities will only be acceptable if it is demonstrated that this is necessary to ensure the development is compatible with its surroundings, development viability would be compromised, or to secure particular house types to meet local housing needs; d. more detailed density requirements may be set out in area actions plans, neighbourhood plans, supplementary planning documents and development briefs, where appropriate.

Historic environment

1. Development proposals affecting a designated heritage asset (or an archaeological site of national importance) should preserve or enhance the significance of the asset. In cases likely to result in substantial harm or loss, development will only be permitted where it can be demonstrated that the proposals would bring substantial public benefits that clearly outweigh the harm, or all of the following are met: a. the nature of the heritage asset prevents all reasonable uses of the site; b. no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; c. conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and d. the harm or loss is outweighed by the benefit of bringing the site back into use. 2. Proposals which would remove, harm or undermine the significance of a non-designated heritage asset, or its contribution to the character of a place will be permitted only where benefits of the development outweigh the harm having regard to the scale of the harm and the significance of the heritage asset. In the case of developments affecting archaeological sites of less than national importance where development affecting such sites is acceptable in principle, mitigation of damage will be ensured through preservation of the remains in situ as a preferred solution. When in situ preservation is not justified, the developer will be required to make adequate provision for excavation and recording before or during development. 3. Proposals should retain those elements of the historic environment which contribute to the distinct identity of the Kirklees area and ensure they are appropriately conserved, to the extent warranted by their significance, also having regard to the wider benefits of development. Consideration should be given to the need to: a. ensure that proposals maintain and reinforce local distinctiveness and conserve the significance of designated and non-designated heritage assets; b. ensure that proposals within Conservation Areas conserve those elements which contribute to their significance; c. secure a sustainable future for heritage assets at risk and those associated with the local textile industry, historic farm buildings, places of worship and civic and institutional buildings constructed on the back of the wealth created by the textile industry as expressions of local civic pride and identity; d. identify opportunities, including use of new technologies, to mitigate, and adapt to, the effects of climate change in ways that do not harm the significance of heritage assets and, where conflict is unavoidable, to balance the public benefit of climate change mitigation measures with the harm caused to the heritage assets' significance; e. accommodate innovative design where this does not prejudice the significance of heritage assets; f. preserve the setting of Castle Hill where appropriate and proposals which detrimentally impact on the setting of Castle Hill will not be permitted

Residential use in town centres

Proposals for residential uses (including student accommodation) within the defined town centres as set out on the Policies Map will be supported subject to: a. the protection of primary shopping areas, primary and secondary shopping frontages, and space for other main town centre uses within the defined centre. Residential proposals in these areas shall normally only be permitted on upper floors, and shall not prejudice existing established uses; b. the protection of the character of the centre, and the local street scene. Proposals should retain and enhance the design and heritage features of buildings; c. the protection and retention of existing ground floor uses and active frontages both within and outside the primary shopping area, d. the protection of the amenity of existing residents and future occupiers of the proposed residential use in accordance with amenity and design policies within the plan, and will in particular consider matters such as privacy, noise and air quality; e. the provision of space for the storage of sustainable modes of transport such as bicycles, where appropriate charging points of electric vehicles, and access to public transport; f. the provision of space for vehicular parking which is appropriate to the scale of the proposal, particularly where it would otherwise cause highway and pedestrian safety concerns; g. provision of affordable housing in accordance with policies set out in the Local Plan; and h. the provision of refuse storage and collection

Housing Mix and Affordable Housing

All proposals for housing, including those affecting the existing housing stock, will be of high quality and design and contribute to creating mixed and balanced communities in line with the latest evidence of housing need. All proposals for housing must aim to provide a mix (size and tenure) of housing suitable for different household types which reflect changes in household composition in Kirklees in the types of dwelling they provide, taking into account the latest evidence of the need for different types of housing. This includes consideration of provision for those with specialist needs. For schemes of more than 10 dwellings or those of 0.4ha or greater in size, the housing mix should reflect the proportions of households that require housing, achieving a mix of house size and tenure. The council encourages the inclusion of appropriate design elements that ensure buildings are suitable or can be adapted to meet the needs of people needing specialist accommodation at present and into later life. The council will encourage proposals for custom/self build homes where consistent with other policies in the Local Plan. Taking into account the annual overall shortfall in affordable homes, the council will negotiate with developers for the inclusion of an element of affordable homes in planning applications for housing developments of more than 10 homes, including proposals involving self-contained residential units. The proportion of affordable homes should be 20% of the total units on market housing sites. The proportion may be less where viability evidence demonstrates that there are development costs which would otherwise prejudice the implementation of the proposal. Achievement of a higher proportion of affordable housing on sites will be encouraged. The affordable homes should be incorporated within the development but where justified, a financial contribution of at least equal value may be accepted to provide affordable homes elsewhere or to re-use or improve the existing housing stock. The affordable housing provision should: a. cater for the type of affordable need identified in the latest housing evidence in terms type, tenure, size and suitability to meet the needs of specific groups; b. incorporate appropriate arrangements to retain the benefits of affordability for initial and subsequent occupiers or for the subsidy to be recycled for alternative affordable housing provision; and c. be indistinguishable from market housing in terms of achieving the same high quality of design. Exceptionally, planning permission may be granted for affordable homes on land which would not normally be permitted for housing development, where there is otherwise little prospect of meeting robustly evidenced local needs particularly for housing to rent by people who work locally. Where appropriate, such schemes must include arrangements for the homes to remain affordable in perpetuity.

Accommodation for Travellers

The Local Plan will seek to meet the accommodation needs of Gypsies and Travellers and Travelling Showpeople set out in table 6. The Local Plan will meet this by: 1. Land allocated specifically for these purposes in the Local Plan; and 2. Permitting development for sites, taking into account: a. the existing level of local provision and need for sites; b. the availability (or lack) of alternative accommodation for the applicants; c. other personal circumstances of the applicant; and 3. Subject to proposals according with relevant planning policies set out in the Local Plan. The council will ensure a five year supply of land for Gypsies and Travellers and Travelling Showpeople sites in accordance with national planning policy.

Agricultural and forestry workers' dwellings

1. Proposals for new dwellings associated with agriculture or forestry will normally be acceptable where; a. there is both an essential and permanent need for the new dwelling based on the functional requirements of the enterprise it is intended to serve; b. the new dwelling is suitably located for the purpose for which it is intended; c. there is no other suitable accommodation available in nearby settlements, no available existing dwelling on the holding and no suitable existing building on the holding available for conversion to residential use that would meet the demonstrated need; d. it can be clearly shown that residential accommodation is required to establish an agricultural or forestry business in the Green Belt. 2. Where there would be no other justification for such accommodation, consideration will be given only to the grant of planning permission for the siting of a mobile home or other suitable form of temporary accommodation for a maximum of three years. If at the end of this period viability cannot be demonstrated the temporary accommodation would be expected to be removed and the site restored, unless there is clear evidence that a permanent need will be established within a period to be agreed with the local authority; 3. A satisfactory mechanism will be put in place to secure the long term control of the dwelling by the business and of any other dwelling that meets the need of the business. Occupancy of the dwelling in question (and of any other dwelling that meets the need of the business) will be restricted to persons solely, mainly or last working in agriculture or in forestry. 4. Any proposals for a new dwelling deemed disproportionate in scale to the enterprise it is intended to serve or inappropriately sited or designed in terms of impact, including the treatment of land around it, will not be acceptable. Consideration will be given to the removal of permitted development rights for the extension of any dwelling so approved where it is felt that extension could risk rendering the dwelling disproportionate to the holding and so unlikely to remain available for future occupation by an agricultural worker. 5. In all cases the history of the enterprise will be scrutinised and where fragmentation has occurred to sever land from agricultural dwellings or from buildings that could have been converted to residential use a new dwelling will not normally be permitted. 6. Proposals for new dwellings for other workers who deem it necessary to be located at or near their place of work will be considered on a case by case basis, and will be subject to the relevant criteria in this policy.

Providing infrastructure

The council will work with partners to bring forward the necessary and proportionate essential and desirable infrastructure that is required in order to deliver the spatial strategy as set out in the Local Plan. Essential infrastructure is defined as infrastructure that is required to make development acceptable in planning terms. Desirable infrastructure is described as infrastructure which would improve the capacity and deliver place making benefits. Where new infrastructure is needed to support new development, the essential infrastructure must be operational no later than the appropriate phase of development for which it is needed. Where new infrastructure is needed, the council will expect phasing plans to be submitted as part of planning applications and where appropriate, will link the construction and occupation of that development to infrastructure provision. New development should contribute to the provision of infrastructure, taking account of local and strategic needs and financial viability. This may be achieved on-site or off-site through planning conditions or legal agreements and/or through contributions to the Community Infrastructure Levy (CIL).

Protecting existing and planned minerals infrastructure

The following sites have been identified as either providing or potentially providing facilities associated with the transport, storage, handling and processing of minerals within the district and should therefore be safeguarded from development which would otherwise result in the loss of such facilities: Former coal / aggregates depot and associated rail spur off Bretton Street, Dewsbury Concrete batching plant off Lees Hall Road, Thornhill Lees, Dewsbury Rolled products plant (Asphalt) at Newlay Concrete, Calder Road, Ravensthorpe Cement depot and associated rail spur off Bretton Street, Savile Town, Dewsbury Coal wharf for the former Thornhill Power Station adjacent to the Calder and Hebble Navigation Concrete batching plant off Barr Street, Huddersfield Concrete products plant at Longley C R & Co Ltd, Ravensthorpe Road, Ravensthorpe

Alternative development on protected minerals infrastructure sites

Development on or within 100m of protected minerals infrastructure sites will be acceptable if it can be demonstrated: a. that use of a mineral infrastructure site is no longer economically viable, or there is already adequate provision meeting the need elsewhere; or b. the new development will result in the provision of alternative facilities of equal or better quality; or c. there is an overriding need for the development; or d. the development will be of a temporary nature that would not preclude a site being brought back into use for mineral infrastructure purposes; or e. the development would involve the extension of existing buildings or the erection of ancillary buildings within their curtilages.

Proposals for exploration and appraisal of hydrocarbons

Proposals for exploration and appraisal of onshore oil and gas will be permitted where they meet all of the following criteria: a. well sites and associated facilities are located in the least sensitive areas from which the target reservoir can be accessed; b. any adverse impacts can be avoided or mitigated to the satisfaction of the Mineral Planning Authority, with safeguards to protect highway, environmental and amenity interests put in place as necessary; c. it can be demonstrated that there would be no adverse impact on the underlying integrity of the geological structure or on groundwater or surface water regimes; d. an indication of the extent of the reservoir and the extent of the area of search within the reservoir is provided; e. exploration and appraisal operations are for an agreed, temporary length of time; f. well sites and associated facilities are restored at the earliest practicable opportunity if oil and gas is not found in economically viable volumes, or they are developed within an agreed time frame

Proposals for production of hydrocarbons

Proposals for the production of hydrocarbons will be considered against the following criteria: a. Exploration and appraisal operations are for an agreed, temporary length of time. b. Extraction, processing, dispatch and transport facilities are sited, designed and operated to minimise environmental and amenity impacts and provide proportionate environmental enhancements. c. Any adverse impacts, both individual and cumulative can be avoided or mitigated to the satisfaction of the Mineral Planning Authority. d. Existing facilities are used for the development of any additional fields discovered unless the applicant satisfies the Mineral Planning Authority that this would not be feasible and any adverse impacts can be mitigated. e. Where a proposal uses existing production facilities, the integrity of the existing infrastructure can be demonstrated, having regard to local environmental factors. f. Developments for hydrocarbon production will be required to use pipelines. Where it can be demonstrated that this is not feasible, economically and/or environmentally, rail or road transport will be considered. Where road transportation is the only feasible option, it should be demonstrated that this would not give rise to unacceptable impacts on the environment or highway safety. g. The well site and all associated facilities are restored at the earliest practicable opportunity following the final cessation of hydrocarbon production. h. Where a proposal demonstrates that it will have a net zero impact on climate change.

Presumption in favour of sustainable 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. The council will always work pro-actively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area. Proposals that accord with the policies in the Kirklees 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 proposal or relevant policies are out of date at the time of making the decision then the council will grant permission unless material considerations indicate otherwise – taking into account whether: a. 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 b. specific policies in that Framework indicate that development should be restricted.

Proposals for mineral extraction

Part 1 Proposals for mineral extraction will be considered having regard to: a. the impact on the environment including water resources and the best and the most versatile agricultural land; b. the impact on residential amenity, highway safety and local heritage assets; c. the impact on human health; d. any cumulative effects arising from multiple impacts from individual sites and/or a number of sites in a locality. Part 2 Proposals to explore for, or extract minerals, including from former waste deposits will be permitted provided that they will not: a. cause unacceptable detriment to the landscape including its character or local visual amenity during or subsequent to extraction; b. be materially detrimental to interests of nature conservation, cultural heritage, geological or archaeological importance; c. cause nuisance or materially significant disturbance to local residents as a consequence of the generation of dust, noise or vibration by site operations or associated transport; d. prejudice highway safety through the volume or nature of vehicle movements generated; e. result in pollution of water resources or soils or the interruption of land drainage; f. cause materially significant permanent change to local rights of way networks; or g. result in permanent loss of best and most versatile agricultural land. Proposals to extract minerals should be accompanied by sufficient information to demonstrate that such unacceptable impacts would not occur, or could be satisfactorily controlled, and to demonstrate the presence of and need for the mineral. Subject to compliance with the above criteria the Council will support development proposals for the provision of local stone types which are specifically required to carry out heritage asset repairs within the district. In the case of mineral extraction from restored waste sites additional consideration will be given as to whether the material to be extracted can be considered a substitute for natural aggregates or a suitable cover material for landfill sites, and whether an alternative unrestored source of the material is available locally. The council, in conjunction with the other West Yorkshire councils, will seek to maintain a landbank of permitted reserves of aggregates, and also seek to maintain its contribution to meeting its share of the aggregates demand in the region on the advice of the Yorkshire and Humberside Regional Aggregates Working party, unless exceptional circumstances prevail.

Site restoration and aftercare

Part 1 Mineral working will be permitted only where the council is satisfied that the site can be restored and managed to a high standard, the proposed restoration is sympathetic to the character and setting of the wider area and is capable of sustaining an appropriate after-use. Restoration proposals for mineral workings should be designed to: a. clearly indicate how the site will be restored and managed, before, during and after working; b. ensure that restoration is completed at the earliest opportunity including the use of progressive restoration techniques where appropriate; c. ensure that restoration and aftercare is appropriate with regard to the characteristics of the site's surroundings, including landscape character; d. demonstrate that adequate financial provision has been made to fulfil the proposed restoration and aftercare requirements; and e. include, where appropriate, provision for the extended management of a site beyond any aftercare period required by planning condition. Part 2 Mineral working will be permitted only where the proposed site restoration delivers benefits such as enhancement of biodiversity interests, improved public access and the provision of climate change mitigation. Restoration proposals should therefore include: a. measures to assist or achieve priority habitat or species targets and/or biodiversity Action Plan targets; b. where appropriate, measures to protect and/or improve geodiversity and provide educational opportunities to visit such sites; c. provision for increased flood storage capacity for sites which fall within high flood risk areas; d. where appropriate, opportunities to provide for local amenity uses, including appropriate sport and recreational uses; and e. measures to restore land back to agriculture for sites involving the best and most versatile agricultural land.

Minerals safeguarding

1. Surface development will only be permitted within a Mineral Safeguarded Area where it has been demonstrated that: a. the mineral concerned is proven to be of no economic value as a result of the undertaking of a Mineral Resource Assessment; or b. the development will not inhibit mineral extraction if required in the future; or c. there is an overriding need for the development; or d. the mineral can be extracted prior to the development taking place 2. This policy will not apply to the following classes of surface development as they are unlikely to lead to the long term sterilisation of viable mineral resources: a. extension to existing buildings and the erection of ancillary buildings within their curtilages; b. developments on sites of less than 1000 sq. meters except for proposals within 250 metres of an existing planning permission for mineral extraction; c. minor development (such as walls, gates and access); d. temporary uses of sites for periods of less than 5 years; e. amendments to previously approved developments; f. applications for Listed Building Consent; g. reserved matters; h. applications for advertisement consent

New waste management facilities

Proposals for waste management facilities should be located in sustainable locations, appropriate to the proposed waste management use and its operational characteristics, where potentially adverse impacts on people, biodiversity and the environment can be avoided or adequately mitigated. Proposals should have regard to the following sequential priorities, unless the use of an appropriate alternative site can be justified: a. sites specifically allocated for waste management purposes; b. employment sites where co-location with existing waste management processes is possible without detriment to residential amenity; c. employment sites suitable for Use Classes B2 and B8; d. sustainable locations within vacant previously developed land. Proposals for waste management facilities should demonstrate that the following potential impacts have been fully considered and satisfactorily addressed so as to make them acceptable to the council: a. duration of the development; b. the layout and design of the site and any associated buildings; c. influence on visual amenity; d. the treatment of boundary features and new screening as appropriate; e. environment and amenity issues such as noise, dust, litter, odour, vermin and gas emissions; f. protection of controlled waters; g. drainage and use of sustainable drainage; h. effects on the natural and historic environment; i. restoration and aftercare where appropriate; j. measures to prevent dirt and debris being carried onto the public highway; k. the adequacy of the highway network and the safety of access and egress arrangements; l. routing and the frequency of vehicle movements; m. hours of operation; n. the protection of public rights of way; o. fairly and reasonably related community benefits.

Safeguarding waste management facilities

Existing waste management facilities and land surrounding these facilities as identified on the Policies Map will be protected unless it can be demonstrated that there is no longer a need for the facility or where capacity can be met elsewhere in the district. Proposals for development in the vicinity of an existing or planned waste management facility will be required to demonstrate that the proposed development does not prevent, hinder or unreasonably restrict the operation of the waste development.

Waste disposal

Sites for the disposal of waste will only be permitted where they meet a need which cannot be met by treatment higher in the waste hierarchy. If it can be demonstrated that there is a proven need for additional landfill capacity because all other options are not suitable or feasible, this will be provided at existing or former quarry sites shown on the Policies Map. If all of these quarry sites are unavailable, land raising using inert materials only, may be considered provided it can be demonstrated that this would not divert material away from the restoration of any quarry void.

Facilities for outdoor sport, outdoor recreation and cemeteries

In the Green Belt proposals for appropriate facilities associated with outdoor sport, outdoor recreation or cemeteries will normally be acceptable as long as the openness of the Green Belt is preserved and there is no conflict with the purposes of including land within it. Proposals should ensure that; a. the scale of the facility is no more than is reasonably required for the proper functioning of the enterprise or the use of the land to which it is associated; b. the facility is unobtrusively located and designed so as not to introduce a prominent urban element into a countryside location, including the impact of any new or improved access and car parking areas; c. in the case of all-weather riding arenas or other facilities for the exercising of horses, the degree of engineering operation required and the resultant re-grading of land, including any earth mounding and retaining structures, does not result in incongruous or discordant landform out of character with its setting that cannot be mitigated through the use of appropriate hard and soft landscape techniques.

Safeguarded land

Areas identified as safeguarded land will be protected from development other than that which is necessary in relation to the operation of existing uses, change of use to alternative open land uses or temporary uses. All proposals must not prejudice the possibility of long term development on safeguarded land sites. The status of safeguarded land sites will only change through a review of the Local Plan.

Food and drink uses and the evening economy

Proposals for food and drink, licensed entertainment uses and associated proposals will be supported, provided they are located within a defined centre, and subject to: ensuring the concentration of food and drink and licensed entertainment uses are not located in a particular centre or part of a centre, where they would result in harm to the character, function, vitality and viability of the centre, either individually or cumulatively. In order to assess the potential harm of food and drink and licensed entertainment proposals on a centre, the following criteria will be considered with a planning application: a. the number, distribution and proximity of other food and drink uses, including those with unimplemented planning permission in a particular centre; b. the impacts of noise, general disturbance, fumes, smells, litter and late night activity, including those impacts arising from the use of external areas; c. the potential for anti-social behaviour to arise from the development, having regard to the effectiveness of available measures to manage potential harm through the use of planning conditions and / or obligations; d. the availability of public transport, parking and servicing; e. highway safety; f. the provision of refuse storage and collection; and g. the appearance of any associated extensions, flues and installations. Proposals for food and drink uses and licensed entertainment uses located outside of defined centres will be subject to criteria b to g set out above and also require the submission of a Sequential Test and Impact Assessment.

Huddersfield Town Centre

Huddersfield Town Centre will be the principal focus for high quality comparison retail goods within the district, supported by a range of leisure, tourism, office (including high quality grade A office space), and other main town centres uses. Huddersfield town centre will also provide high quality educational facilities and opportunities for town centre living. Proposals for new development within the town centre will be supported where they: a. preserve and enhance the towns' cultural and architectural heritage and open spaces, and connections to them; b. provide a safe welcoming inclusive destination for people of all ages of the district to visit throughout the day from morning into the evening; c. provide space for town centre residential living; d. provide opportunities for larger scale individual retail floor plates; e. provide, where appropriate, sustainable modes of transport, such as cycle and pedestrian routes, cycle parking and charging points for electric vehicles; f. provide space for a range of businesses from small scale start-ups to larger multinational corporations; g. create opportunities for the economic development and expansion of the town and the district; h. retain and regenerate key historic features of the town centre such as pedestrian arcades, yards and historic listed buildings, both within and outside of the Huddersfield Town Centre Conservation Area; i. Retain and refurbish traditional shop fronts wherever practicable; j. facilitate development and continued evolution of the University of Huddersfield and its Queensgate campus, enhancing its connections with the town centre core; and k. Provide where appropriate urban green infrastructure such as street trees. Proposals on the edge of Huddersfield Town Centre which pass the sequential test shall in all instances include enhanced connections to the town centre. Proposals where appropriate shall make them more attractive to pedestrian, cyclists and public transport users, and shall provide appropriate connections and enhancements to convenient pedestrian and cycling routes. Proposed development schemes along the Leeds Road/St Andrew's Road corridor from the Stadium to the Town Centre shall include enhanced pedestrian and cycling linkages between the Stadium and the Town Centre.

Dewsbury Town Centre

Dewsbury Town Centre will be a place of vibrancy, vitality and diversity, with a mix of uses to attract visitors and provide new space for town centre living. The town centre will form the focus for retail provision for the north of the district, supported by other main town centres uses. Proposals within the town centre will be supported where they: a. preserve and enhance the strengths and connections to Dewsbury Market; b. preserve and enhance the towns' cultural and architectural heritage and open spaces, and connections to them; c. provide a safe welcoming inclusive destination for the district's residents of all ages to visit throughout the day from morning into the evening; d. provide space for town centre residential living; e. provide opportunities for larger scale individual retail floor plates; f. provide, where appropriate, sustainable modes of transport, such as cycle and pedestrian routes, cycle parking and charging points for electric vehicles; g. provide space for a range of businesses from small scale start-ups to larger multinational corporations h. create opportunities for the economic development and expansion of the town and the district; i. retain and regenerate key historic features of the town centre such as pedestrian arcades, yards and historic listed buildings; and j. Provide, where appropriate urban green infrastructure such as street trees. Proposals on the edge of Dewsbury Town Centre which pass the sequential test shall in all instances include enhanced connections to the town centre. Proposals where appropriate shall make them more attractive to pedestrian, cyclists and public transport users, and shall provide appropriate connections and enhancements to convenient pedestrian and cycling routes.

Town centre uses

A. Within Kirklees, main town centre uses shall be located within defined centres (principal town centres, town centres, district centres, and local centres), as shown on the Policies and Town Centre Maps, and as detailed in the shopping centre hierarchy and then in accordance with the sequential test. Main town centre uses which are appropriate in scale, help to retain an existing centre's market share, and enhance the experience of those visiting the centre and the businesses which operate in that centre will be supported. The scale and types of services expected within each centre are set out in Delivery of Services Table as shown below. Proposals that have a significant adverse impact on the vitality and viability of a centre, or compromise the role and function of a centre will not be supported. Centres shall provide a mix of uses to serve the local community, businesses and visitors to the district. The uses shall complement each another whilst retaining a strong retail core. Centres in Kirklees shall aim to provide a range of uses to support the daytime and evening economy. The creation of new Local Centres in areas of significant residential growth or where there are deficiencies in the existing network of centres will be supported, where it can be demonstrated that existing centres cannot be expanded to deliver local services, and subject to the sequential test and impact assessment as set out in B and C below. All proposals shall be inclusive for all users, and be attractive to pedestrians, cyclists, and public transport users. They shall also conserve and enhance the local character, heritage, green spaces and the public realm where appropriate. B. Sequential Test - Proposals which come forward for main town centre uses, which are located outside of the defined centre boundaries, will require the submission of a Sequential Test. For retail proposals the boundary shall form the Primary Shopping Area; for all other main town centre uses this shall be the extent of the centre boundary. Main town centre uses shall be first located in the defined centres, then edge of centre locations, and only if there are no suitable sites shall out of centre locations be considered. For offices and small scale proposals in non urban areas*, the sequential approach will not be required for proposals of 150 square metres and under. The scope and content of any Sequential Test shall be agreed with the council and shall be reflective of the scale, role and function of the proposal. Proposals which fail to pass the sequential test will not be supported. C. Impact Assessment - An Impact Assessment will be necessary for proposals (including the formation of mezzanine floors) for/or which include retail, leisure and office developments which are not located within a defined centre where: the proposal provides a floorspace greater than 500 sq.m gross; or the proposal is located within 800 metres of the boundary of a Town Centre or District Centre and is greater than 300 sq.m gross; or the proposal is located within 800 metres of the boundary of a Local Centre and is greater than 200 sq.m gross. The scope and content of any Impact Assessment shall be agreed with the Council and shall be reflective of the scale, role and function of the proposal. Proposals which would have an significant adverse impact on surrounding centres shall not be supported.

Shopping frontages

Within Kirklees the hierarchy of centres and extent of these centres has been set out on the Policies Map, Town Centre Maps and in the Shopping Centre Hierarchy shown in the Town Centre Uses policy. Within Principal and Town Centres, Primary Shopping Areas, Primary Shopping Frontages and Secondary Shopping Frontages have been defined to ensure a strong retail core to these centres, and focus main town centres uses within defined areas. The designations will be used for the following purpose: Primary Shopping Area - the retail core individually defined for each town centre. For District Centres this will be the full extent of the defined centre boundary, where retail uses and other main town centre uses are focused. Uses within Primary Shopping Areas will be expected to maintain or provide active ground floor uses. Retail uses within the above areas will be supported. Primary Shopping Frontages - frontages within the Primary Shopping Area in Principal and Town Centres that contain predominantly retail uses and where further retail uses will be focused. Within the Primary Shopping Frontages as defined on the Town Centre Maps, at street level, proposals should seek to continue retail uses in order to retain vitality and viability within the Centre and the strong retail core. Retail will remain the predominant use on each primary shopping frontage. Other main town centre uses will be acceptable where the frontage remains predominately in retail use taking account of: a. the number, proximity, distribution of uses other than retail and the level of vacancy of ground floor units, and the duration of vacancy; b. the location and prominence of the unit within the primary shopping frontage; c. the nature of the proposed use, including the associated level of activity, hours of operation, whether a shop front would be incorporated and whether it would complement neighbouring uses; and d. in all cases proposals including changes of use

Strategic transport infrastructure

1. The Council is committed to ensuring that new developments have safe and convenient access to the West Yorkshire Key Route Network where possible, the main arterial routes and the West Yorkshire Core Bus Network that connect the region. Development will be strategically placed along core networks where available and the developing core cycle network, all of which will be improved and maintained where possible to reduce congestion and reliance on the private car; 2. Proposals will be encouraged where they assist to bring forward strategic transport infrastructure where possible, particularly where they would directly benefit from these schemes; 3. Proposals that may prejudice the future development of the following will not be permitted: strategic transport infrastructure; identified highway improvements; traffic management schemes; proposed public transport facilities, including the improvement of existing rail stations and rail corridors and walking and cycling infrastructure; and strategic cross boundary schemes. 4. National, regional and local transport schemes are identified on the Policies Map and listed below: TS1 A62/A644 Huddersfield to M62 J25 TS2 New Motorway junction 24a on M62 TS3 Huddersfield Southern Gateways TS4 A629 Halifax Road (Huddersfield to Halifax Corridor) TS5 Mirfield to Dewsbury to Leeds and North Kirklees Growth Zone TS6 Highway Network Efficiency Programme TS7 Public Transport Improvement Schemes TS8 Walking and Cycling Improvement Schemes TS9 Strategic Road Network Improvements 2. The Council will safeguard land to ensure these schemes can be delivered. Detailed transport schemes that require planning permission will have regard to the constraints and considerations as set out in Local Plan such as impact on designated heritage assets and any other environmental impacts.

Sustainable travel

New development will be located in accordance with the spatial development strategy to ensure the need to travel is reduced and that essential travel needs can be met by forms of sustainable transport other than the private car. The council will support development proposals that can be served by alternative modes of transport such as public transport, cycling and walking and in the case of new residential development is located close to local facilities or incorporates opportunities for day to day activities on site and will accept that variations in opportunity for this will vary between larger and smaller settlements in the area. The council will support demand management measures which discourage single occupancy car travel within new development and encourage the use of low emission vehicles to improve areas with low levels of air quality. Proposals should include measures to encourage the use of sustainable travel options, including public transport, the promotion of personal journey planning, walking, cycling, car sharing, electronic communication and home working. Travel plans will normally be required for all major planning applications in accordance with current guidance and should set targets and monitoring arrangements to ensure sustainable travel patterns are maintained. Travel plans should include agreed and defined outcomes related to a package of specified measures to be implemented including an approach to lower carbon emissions where applicable. The requirement of a travel plan will also be considered on case by case basis where the proposed development falls below the major application category where it has the potential to generate significant transport movements and/or has insufficient off-street parking within the vicinity of a stressed part of the highway network Proposals for new development shall be designed to encourage sustainable modes of travel and demonstrate how links have been utilised to encourage connectivity. Proposals will be required to facilitate the needs of the following user hierarchy: a. pedestrians b. cyclists c. public transport d. private vehicles

Highways and access

Proposals shall demonstrate that they can accommodate sustainable modes of transport and be accessed effectively and safely by all users. New development will normally be permitted where safe and suitable access to the site can be achieved for all people and where the residual cumulative impacts of development are not severe. Proposals shall demonstrate adequate information and mitigation measures to avoid a detrimental impact on highway safety and the local highway network. Proposals shall also consider any impacts on the Strategic Road Network. All proposals shall: a. ensure the safe and efficient flow of traffic within the development and on the surrounding highway network; b. where needed, provide new infrastructure or improvements on or off site to ensure safe access from the highway network for pedestrians, cyclists, public transport users and private vehicles; c. be accompanied by a supporting Transport Assessment or Transport Statement where the development would generate significant trip generation, providing detail as to the impact on highway safety, air quality, noise and light restrictions; d. take into account changes in site levels and topography to ensure the development can be accessed easily and safely by all sections of the community and by different modes of transport; e. take into account the features of surrounding roads and footpaths and provide adequate layout and visibility to allow the development to be accessed safely; f. take into account access for emergency, service and refuse collection vehicles; g. provide on-site safe, secure and convenient cycle parking/storage facilities to encourage sustainable travel modes.

Parking

The provision of parking will be based on the following principles: a. in town, district and local centres, car parks close to the main shopping area will be for short-stay use and peripheral car parks for long stay use; b. long stay parking in town centres will be reduced progressively in conjunction with improvements to sustainable transport opportunities, where appropriate; c. provision of private non-residential parking in town centres will not be permitted unless it can be demonstrated that it is required for operational reasons. Where such provision is permitted appropriate arrangements will need to be put in place to provide management arrangements consistent with public parking in the centre; d. provision of residential parking schemes within town centres for private vehicles/motorcycles/and cycles will be permitted; where appropriate and where schemes can be shown to enhance residential developments in the town centre; e. car parking provision in new developments will be determined by the availability of public transport, the accessibility of the site, location of the development, local car ownership levels and the type, mix and use of the development; f. new developments will incorporate flexibly designed minimum parking spaces for private cars, considering a range of solutions, to provide the most efficient arrangement of safe, secure, convenient and visually unobtrusive car parking within the site including a mix of on and off street parking in accordance with current guidance; g. provision will be made to meet the needs of cyclists for cycling parking in new developments; h. provision will be made to accommodate the needs of disabled people for the parking of vehicles. All proposals shall provide full details of the design and levels of proposed parking provision. They should demonstrate how the design and amount of parking proposed is the most efficient use of land within the development as part of encouraging sustainable travel.

Core walking and cycling network

The core walking and cycling network as shown on the Policies Map will provide an integrated system of cycle routes, public footpaths and bridleways that provide opportunity for alternative sustainable means of travel throughout the district and provide efficient links to urban centres and sites allocated for development in the Local Plan. The core cycling and walking network will be safeguarded and extended to provide opportunities to reduce the number of car journeys and to link settlements, employment sites and transport hubs. The safeguarding of the network will also provide further opportunities for leisure uses, cycling, walking and riding in the countryside by linking to existing bridleways and national trails where appropriate. Disused railway lines and waterways throughout the district shall be protected from other forms of development to safeguard their potential to be reinstated to their former use for commercial or leisure purposes or to extend the cycling or footpath networks. Proposals that may prejudice the function, continuity or implementation of the core walking and cycling network will not be permitted. Existing public rights of way that form part of the core walking and cycling network or elsewhere will be protected and enhanced. Proposals shall seek to integrate into existing and proposed cycling and walking routes as identified in the core walking and cycling network by providing connecting links where appropriate; and regard shall also be had to linking to Strategic Green Infrastructure networks as identified on the Policies Map. Where there is an identified need, extensions or enhancements to the existing network can be secured through scheme design, planning conditions and planning obligations if this does not prejudice the overall viability of the development.