Planning in North West Leicestershire

Community and Cultural Facilities

The loss of key services and facilities will be resisted unless an appropriate alternative is provided, or there is demonstrable evidence that the facility is no longer required and/or viable and that suitable alternative community uses have been considered. Community and cultural services and facilities should be retained and wherever possible improvements facilitated to the quality, accessibility and levels of provision by: a) Supporting the development of new community and cultural services and facilities where deficiencies in provision would be addressed, provided that adverse impacts on the environment and the settlement concerned can be avoided or mitigated; b) Allowing the expansion or enhancement of existing community and cultural facilities to assist continuing viability, particularly in areas where new development will increase the demand for facilities; c) Guarding against the loss of land or buildings belonging to existing facilities wherever possible to ensure sites are retained for other forms of community or cultural use. Should the loss of a facility result in an equally beneficial replacement or enhanced existing facility for the local community consideration will be given to this matter. New development will be required to provide or contribute to community facilities and other local services to enhance communities and the residential environment, as part of the development, or if appropriate off-site, where no facilities exist or where existing facilities are deficient.

Open Space, Sport and Recreation facilities

(1) In order to meet the needs of the community, provision of open space, sport and recreation facilities will be sought as part of new housing development of 50 or more dwellings having regard to: (a) The scale of the proposed development and the mix and type of dwellings to be provided; (b) The nature and scale of existing open space, sport and recreation provision within the locality of the proposed site; (c) The likely population characteristics resulting from the proposed development as well as that of the existing population in the locality; (d) Local evidence of need, including (but not limited to) a Playing Pitch Strategy, open space assessment of need or equivalent sources. (2) Any open space, sport and recreation provision should be designed as an integral part of the proposed development in accordance with Policy S53 in respect of Design. (3) Provision of open space, sports and recreation facilities should be located on-site unless an off-site or partial off-site contribution would result in an equally beneficial enhancement to an existing open space, sports and /or recreation facility which is of benefit to the local community. (4) In assessing the appropriateness of development which would result in the loss of a site which at the time the development proposal is considered, is an open space, sports or recreation facility within the Limits to Development, the following principles will be taken into consideration: (a) The developer / applicant will need to provide clear evidence that the open space, sports or recreation facility is surplus to the applicable quantitative standard; (b) The loss of the open space, sports or recreation facility results in an equally beneficial replacement or enhanced existing facility for the local community; (c) The loss of the open space, sports and recreation facility is for the purpose of providing an ancillary development which improves the functioning, usability or viability of the open space, sport and recreation uses e.g. changing rooms, toilets, assembly and function uses; (d) The loss of the open space, sports or recreation facility will not result in the fragmentation or isolation of a site which is part of a green infrastructure corridor. (5) Proposals involving the potential loss of an open space, sports or recreation facility outside of the limits to development will be considered under the provisions of the Countryside policy (Policy S3). (6) Any proposals resulting in a loss of an open space, sports or recreation facility should be able to clearly demonstrate that the facility is not only currently surplus to requirements, but taking into account the population needs of the community over the plan period.

Design of New Development

The Council will support proposed developments that are well designed and as a minimum offer a good standard of design: (1) All developments must be based upon a robust opportunities and constraints assessment and be informed by a comprehensive site and contextual appraisal; (2) New non-residential developments must positively address our Place Making principles: a) A National Forest or locally inspired identity; b) Streets and Spaces shaped by buildings; c) A greener footprint; d) Vibrant and Mixed communities; e) Responsive to their context; f) Connected places; g) Easy to get around; h) Well designed and well managed public spaces; i) Architectural quality. (3) For residential developments Building for Life 12 will be used instead of the Place Making Principles. New residential development will need to perform positively against Building for Life 12; (4) Existing neighbour amenity should be safeguarded in accordance with Local Plan Policy D2; (5) New development should have regard to sustainable design and construction methods. New development designed in accordance with the above principles should be able to demonstrate that they have been designed to reduce anti-social behaviour and the risk of crime.

Amenity

Proposals for development should be designed to minimise their impact on the amenity and quiet enjoyment of both existing and future residents within the development and close to it. As such, development proposals will be supported where: 1) They do not have a significant adverse effect on the living conditions of existing and new residents through loss of privacy, excessive overshadowing and overbearing impact. 2) They do not generate a level of activity, noise, vibration, pollution or unpleasant odour emission, which cannot be mitigated to an appropriate standard and so, would have an adverse impact on amenity and living conditions. Development which is sensitive to noise or unpleasant odour emissions will not be permitted where it would adversely affect future occupants. Proposals for external lighting schemes should be designed to minimise potential pollution from glare or spillage of light. The intensity of lighting should be necessary to achieve its purpose, and the benefits of the lighting scheme must be shown to outweigh any adverse effects. The Council will prepare a Supplementary Planning Document which will include new Development Guidelines.

Employment provision: permissions

The following sites have the benefit of planning permission for employment development and where development has yet to commence. In the event that planning permission lapses on these sites it will be renewed subject to the policies of this Local Plan and any other material considerations including any evidence in respect of deliverability of any particular site. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted. Site | Site Area (Hectares) | Use Class EC1a Former Lounge disposal point, Ashby de la Zouch | 25.5 | B8 EC1b Rear of Charnwood Arms, Bardon | 1.2 | Former B1 (now part of Class E) EC1c Land at Sawley crossroads, Sawley | 24.88 | Former B1 (now part of Class E), B8 Planning permission has also been granted for a Strategic Rail Freight Interchange on land north of East Midlands Airport/west of Junction 24 of the M1 (site EC1d on the policies map). In the event that the permission lapses the Council will support its renewal through the Nationally Significant Infrastructure Project process (or any equivalent replacement process) subject to the policies of this Local Plan and any other material considerations including any evidence in respect of deliverability.

New Employment sites

(1) Land north of Ashby de la Zouch (Money Hill) is allocated for employment development for up to 16 Ha subject to the following: (a) The provision of vehicular access to the A511 in conjunction with the adjoining housing development proposed under policy H3a; and (b) The provision of employment units of varying sizes to meet the needs of a wide range of employers; and (c) Land adjoining the A511 and Smisby Road will be restricted to those uses falling within the B1 Use Class; and (d) The provision of appropriate landscaping, planting and other features so as to minimise the impact upon the adjoining housing development proposed under Policy H3a as well as the impacts on the wider landscape and biodiversity; and (e) Design and layout of the proposed development should have due regard to the protection and enhancement of Heritage Assets including Ashby Castle Scheduled Ancient Monument, the Parish Church of St Helen and Ashby de la Zouch Conservation Area; and (f) The provision of cycle and walking links to the adjoining housing development proposed under Policy H3a; and (g) The provision of green infrastructure links, providing both an ecological conn

New Employment sites

(1) Land north of Ashby de la Zouch (Money Hill) is allocated for employment development for up to 16 Ha subject to the following: (a) The provision of vehicular access to the A511 in conjunction with the adjoining housing development proposed under policy H3a; and (b) The provision of employment units of varying sizes to meet the needs of a wide range of employers; and (c) Land adjoining the A511 and Smisby Road will be restricted to those uses falling within the B1 Use Class; and (d) The provision of appropriate landscaping, planting and other features so as to minimise the impact upon the adjoining housing development proposed under Policy H3a as well as the impacts on the wider landscape and biodiversity; and (e) Design and layout of the proposed development should have due regard to the protection and enhancement of Heritage Assets including Ashby Castle Scheduled Ancient Monument, the Parish Church of St Helen and Ashby de la Zouch Conservation Area; and (f) The provision of cycle and walking links to the adjoining housing development proposed under Policy H3a; and (g) The provision of green infrastructure links, providing both an ecological connectivity and footpath and cycle links, within the development and to the wider area; and (h) A comprehensive Masterplan prepared in consultation with stakeholders, including both the district and town council and agreed in writing with the local planning authority for the comprehensive development of the site which identifies a range of land uses (including residential, employment and commercial uses, green infrastructure and open spaces, pedestrian and cycle links within and beyond the site and community facilities) and their relationship to each other and existing development in the vicinity of the site and what measures will be put in place to protect amenity of existing residential areas; and (i) Provision for the discharge of wastewater into the Mease catchment in accordance with the provisions of policy En2. Development which does not meet these provisions will not be permitted. In addition, development will not be permitted unless a 'development window' for the Developer Contributions Scheme is current, and there is sufficient capacity to accommodate the proposal in full. (2) Where evidence indicates an immediate need or demand for additional employment land (B1, B2 and B8) in North West Leicestershire that cannot be met from land allocated in this plan, the Council will consider favourably proposals that meet the identified need in appropriate locations subject to the proposal: (a) Being accessible or will be made accessible by a choice of means of transport, including sustainable transport modes, as a consequence of planning permission being granted for the development; and (b) Having good access to the strategic highway network (M1, M42/A42 and A50) and an acceptable impact on the capacity of that network, including any junctions; and (c) Not being detrimental to the amenities of any nearby residential properties or the wider environment.

Existing employment areas

(1) The Primary Employment Areas defined on the Policies map will be retained for employment generating uses within the Use Classes formerly B1 (now part of Class E), B2 and B8. Planning permission will be given for the formerly B1 (light industrial and office – now part of Class E), B2 (General industrial) and B8 (Storage and distribution) uses subject to the proposed development not resulting in: (a) Significant harm to the amenity of any nearby residents; and (b) Significant harm to the general environment. Regard will also be had to its impact on infrastructure requirements and the merits of the proposal in terms of other Local Plan policies. (2) Other uses will only be permitted within the Primary Employment Areas where they: (a) Are small scale or ancillary to the above uses; or (b) Maximise job outputs and are compatible with the character and function of the area and with other nearby uses and policies in this Local Plan. (3) In other employment areas proposals for non-employment development will be supported subject to it being demonstrated that one of the following criteria is satisfied: (a) The property has been vacant for at least 6 months and has been the subject of genuine marketing for commercial (B class) uses for at least that period of time, at reasonable market values, and which has proved unsuccessful, or, where the use is no longer economically viable; (b) The site is no longer capable of meeting the needs of modern businesses; (c) Continuation in employment use would be inappropriate in terms of adjoining uses or the amenity of the wider area. (4) The Council will, notwithstanding previous permissions for formerly B1 (now part of Class E), and B2 uses commensurate with a high quality Business Park environment, allow some B8 development on land at Ashby Business Park as identified on the Policies map (Policy Ec3(4)), on those parts of the site not adjoining the A42 or A511. (5) Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted. In addition, new development provided for within this policy (i.e. that which does not already have planning permission) will not be permitted unless a 'development window' for the Developer Contributions Scheme is current, and there is sufficient capacity to accommodate the proposal in full.

East Midlands Airport

(1) The growth of East Midlands Airport will be supported provided development that gives rise to a material increase in airport capacity or capability: (a) Is limited to that necessary to support an airport capable of handling up to 10 million passenger and 1.2 million tonnes of cargo per year; and (b) Incorporates measures that will reduce the number of local residents affected by noise as a result of the airport's operation, as well as the impact of noise on the wider landscape; and (c) Incorporates measures to ensure that local air quality satisfies relevant standards; and (d) Is accompanied by improvements in public transport access to the airport and other measures that will reduce the level of airport-generated road traffic (per passenger); and (e) Will protect and enhance heritage assets within the vicinity of the airport. (2) Within the boundaries of the airport, as defined on the Policies Map, development will be limited to: (a) Operational facilities and infrastructure; and (b) Passenger and terminal facilities; and (c) Cargo facilities; and (d) Airport ancillary infrastructure where the proposed development requires and benefits from an airport location and is of a scale that is appropriate to that relationship; and (e) Landscape works; and (f) Internal highways and infrastructure; and (g) Improvements to public transport and airport customer car parking.

East Midlands Airport: Safeguarding

(1) Development which would adversely affect the operation, safety or planned growth of East Midlands Airport will not be permitted. (2) The outer boundary of the Safeguarded Area is shown on the Policies Map and within this area consultation with East Midlands Airport is required on the following proposals: (a) All buildings, structures, erections and works that exceed the height specified on the safeguarding map; (b) Any proposed development in the vicinity of East Midlands Airport which may have the potential to interfere with the operation of its navigational aids, radio aids and telecommunication systems; (c) The lighting elements of a development which may have the potential to distract or confuse pilots, particularly in the immediate vicinity of the aerodrome and of the aircraft approach paths; (d) Any proposal for an aviation use within a 13km circle centred on East Midlands Airport; (e) Any proposal within a 13km circle centred on East Midlands Airport which has the potential to attract large numbers of birds. Such proposals include: (i) significant landscaping or tree planting; (ii) minerals extraction or quarrying; (iii) waste disposal or management; (iv) reservoirs or other significant water bodies; (v) land restoration schemes; (vi) sewage works; (vii) nature reserves; (viii) bird sanctuaries. (f) Any proposal for a wind turbine development within a 30km circle centred on East Midlands Airport.

East Midlands Airport Public Safety Zones

(1) There will be a general presumption against new or replacement development or changes of use of existing buildings within the designated East Midlands Airport Public Safety Zones identified on the Policies Map. Within those areas of the Public Safety Zones lying outside the identified 1 in 10,000 risk contours, the following developments may be permitted: (a) an extension or alteration to a dwelling house which is for the purpose of enlarging or improving the living accommodation for the benefit of the people living in it, such people forming a single household, or which is for the purpose of a 'granny annex'; (b) an extension or alteration to a property (not being a single dwelling house or other residential building) which could not reasonably be expected to increase the number of people working or congregating in or at the property beyond the current level, or, if greater, the number authorised by an extant planning permission; (c) a change of use of a building or of land which could not reasonably be expected to increase the number of people living, working or congregating in or at the property or land beyond the current level or, if greater, the number authorised by any extant planning permission; (d) other forms of new or replacement development which would involve a low density of people living, working or congregating within the site, such as: (i) long stay and employee car parking (where the minimum stay is expected to be in excess of six hours); (ii) open storage and other forms of storage and distribution use (excluding those, such as distribution centres, sorting depots and retail warehouses) which would result in very few, if any, people being present on a site at any given time, and subject to conditions to prevent the future intensification of the use of the site and limit the number of employees present; (iii) development likely to introduce very few or no people on to a site on a regular basis, such as unmanned structures, engineering operations, buildings housing plant or machinery, agricultural buildings and operations, buildings and structures in domestic curtilage incidental to dwelling house use, and buildings for storage purposes ancillary to existing industrial development; (iv) public open space, where there is a reasonable expectation of low intensity use, but excluding such uses as children's playgrounds, playing fields or sports grounds which would be likely to attract significant numbers of people on a regular basis; (v) golf courses, but not clubhouses; and (vi) allotments. (2) Within the identified 1:10,000 risk contours only development which would involve a very low density of people coming and going may be permitted as exceptions to the above general presumption, such as: (a) long stay and employee car parking (where the minimum stay is expected to be in excess of six hours); (b) built development for the purpose of housing plant or machinery, and which would entail no people on site on a regular basis, such as boiler houses, electricity switching stations or installations associated with the supply or treatment of waste; and (c) golf courses, but not clubhouses.

Donington Park

(1) The development of Donington Park as a national and international racing circuit will be supported provided development that gives rise to a material increase in the use of the racetrack or number of visitors: (a) Incorporates measures to reduce the impact of noise as a result of the racetrack's operation on local residents and the wider area; and (b) Ensures that existing mature trees and woodland are retained and incorporated into a landscaping scheme that mitigates the effects of the development on the local landscape; and (c) Is accompanied by improvements in public transport access to the racetrack and other measures that will reduce the impact of event traffic on the local and strategic road network; and (d) Conserves or enhances the site's racing and parkland heritage and heritage assets. (2) Within the boundaries of the Donington Park Racetrack, as defined on the Policies Map, development will be limited to: (a) Facilities and infrastructure meeting the operational needs of the racetrack including motorsport and spectator facilities; and (b) Facilities and infrastructure for driver training and driving experiences; and (c) Motorsport and automotive ancillary infrastructure where the proposed development has a clear functional relationship with the racetrack and is of a scale that is appropriate to that relationship. This shall include developments associated with the design, racing, testing and maintenance of motorsport vehicles; and (d) Landscape works; and (e) Internal highways and infrastructure subject to: (f) The provision of improvements in public transport accessibility and other measures that will reduce the impact of event traffic on the local and strategic road network; and (g) Any buildings being located, oriented and designed to reduce the impact of noise, especially for residents living in settlements to the west of Donington Park; and (h) The incorporation of appropriate landscaping to mitigate the effects of the development on the local landscape; and (i) The incorporation of appropriate measures to mitigate the effects on heritage assets.

Future housing and economic development needs

Over the plan period to 2031 provision will be made to meet the housing and employment land needs of the district as identified in the Leicester and Leicestershire Housing and Economic Development Needs Assessment (January 2017). This means that: • provision will be made for the development of a minimum of 9,620 dwellings (481 dwellings per annum) which is the Objectively Assessed Need (OAN) and Housing Requirement for the district; • provision will be made for 66 hectares of land for employment purposes (the former B1 (now part of Class E), B2 and B8 of less than 9,000sq metres) Provision will also be made for 7,300sq metres for shopping purposes. The Council will continue to work collaboratively with the Leicester & Leicestershire Housing Market Area (HMA) and Functional Economic Market Area (FEMA) authorities to establish the scale and distribution of any additional provision that may be necessary in North West Leicestershire and elsewhere in the HMA/FEMA as a result of the inability of one or more authority to accommodate its own needs. This will be done through a Statement of Common Ground (SOCG) dealing with the redistribution of unmet need arising in Leicester City or elsewhere in the HMA/FEMA. A replacement Local Plan (the Substantive Review) will be submitted for Examination within 18 months of the date of whichever is the sooner of either: • A SOCG being agreed by the HMA/FEMA authorities; or • 21 May 2021.

Renewable Energy

(1) Planning applications for renewable energy including any new grid connection lines and any ancillary infrastructure and buildings associated with the development will be supported where: (a) There is no unacceptable impact on residential amenity in terms of noise, shadow flicker, vibration and visual dominance; and (b) There is no adverse impact on the landscape character taking account of the special qualities set out within the individual National Character Areas; and (c) All impacts on biodiversity have been adequately mitigated or enhanced; and (d) Heritage assets and their settings are conserved or enhanced; and (e) Proposals take account of the cumulative effect that would result from the proposal in conjunction with permitted and existing renewable energy schemes; and (f) Proposals are accompanied by details to demonstrate how the site will be decommissioned to ensure the restoration of the site following cessation; and (g) Proposals for large scale renewable energy should demonstrate that the economic, social and environmental benefits are for those communities closest to the proposed facility. We will consider the preparation of a Supplementary Planning Document to provide further guidance on this issue. (2) In addition to the above considerations, proposals for one or more wind turbines will be supported where: (a) The site lies within the 'Area Identified as potentially suitable for large or small scale turbines' as defined on the policies map; and (b) It can be demonstrated there is support from the local community or is set out within an area defined as being suitable for wind energy development within an adopted Neighbourhood Plan; and (c) All impacts on air traffic safety as referred to in local plan policy Ec6 and radar and communications have been assessed and consulted upon.

Nature Conservation

(1) Proposals for development will be supported which conserve, restore or enhance the biodiversity in the district. (2) Where a proposal for development would result in significant harm to one of the following and which cannot be avoided, or mitigated or compensated for, then planning permission will be refused: (a) Special Areas of Conservation (SAC); (b) Sites of Special Scientific Interest (SSSI); (c) Local and Regionally Important Geodiversity Sites (RIGS) and candidate Regionally Important Geodiversity Sites (cRIGS); (d) Local Wildlife Sites (LWSs), Local Nature Reserves (LNRs) and candidate Local Wildlife Sites (cLWSs) which meet the Leicester, Leicestershire and Rutland LWS criteria; (e) Local and National Biodiversity Action Plan-related (BAP) priority habitats; (f) River corridors; (g) Irreplaceable habitats (defined as Ancient woodlands; Mature plantation or secondary woodland; Species-rich ancient hedgerows; Aged or veteran trees; Species-rich neutral grassland; Acid grassland and heath grassland; Dry and wet heathland; Bogs and Sphagnum pools and Rock outcrops). (3) New development will be expected to maintain existing ecological networks, hotspots and landscape features (such as water courses and waterways, disused railway lines, trees and hedgerows) for biodiversity, as well as for other green infrastructure and recreational uses. (4) Where a proposed development would attract additional visitors to an area or facility it should be demonstrated how any potential impact upon an area or feature of biodiversity interest will be managed as part of the new development. (5) The use of Sustainable Urban Drainage Systems (SuDS) to create wetland and marshland habitats will be encouraged subject to the provisions of Policy Cc4. (6) We will prepare a Supplementary Planning Document to provide more guidance on this issue.

River Mease Special Area of Conservation

(1) The Council will work with Natural England, the Environment Agency, Severn Trent Water, other local authorities and the development industry to improve the water quality of the river Mease Special Area of Conservation. (2) In order to achieve this, new development within the River Mease catchment will be allowed where: (a) There is sufficient headroom capacity available at the Wastewater Treatment Works to which it is proposed that flows from the development will go; and (b) The proposed development is in accordance with the provisions of the Water Quality Management Plan including, where appropriate, the provision of infrastructure or water quality improvements proposed in the Developer Contributions Scheme. (3) In the event that there is no headroom capacity available at the appropriate wastewater treatment works, or there is no capacity available within the Developer Contributions Scheme in operation at the time that an application is determined, or exceptionally where as part of the development it is proposed to use a non-mains drainage solution for the disposal of foul water and this is supported by the Environment Agency, development will only be allowed where it can be demonstrated that the proposed development, on its own and cumulatively with other development, will not have an adverse impact, directly or indirectly, upon the integrity of the river Mease Special Area of Conservation.

Flood Risk

(1) The risk and impact of flooding will be minimised through: (a) Directing new development to areas with the lowest probability of flooding; and (b) Ensuring that all new development addresses the effective management of all sources of flood risk; and (c) Ensuring that development does not increase the risk of flooding elsewhere; and (d) Ensuring wider environmental benefits of development in relation to flood risk. (2) A proposal will be supported where: (a) It is located in an area that is not at risk of flooding with reference to the Environment Agency flood risk maps and the Council's Strategic Flood Risk Assessment (SFRA), unless a Sequential Test, and if necessary an Exception Test, as set out in the National Planning Practice Guidance on flood risk, proves the development is acceptable; and (b) Site-specific Flood Risk Assessments should consider the issues of flooding from sewers, canal infrastructure failure, groundwater rising from former coal mining areas, and watercourses; and (c) Suitable flood protection / mitigation measures can be agreed as appropriate to the level and nature of flood risk and satisfactorily implemented and maintained; and (d) There will be no increase in the risk of flooding for properties elsewhere. For previously undeveloped sites the rate of runoff from the development sites should be no greater than the existing (greenfield) rate of runoff from the site. For developments on previously developed (brownfield) sites the rate of runoff should not exceed the runoff of the site in its previously developed condition.

Sustainable Drainage Systems

(1) When assessing development proposals where it is necessary to manage surface water drainage, Sustainable Drainage Systems (SuDS) should be incorporated into developments in accordance with national and local standards unless it can be clearly demonstrated; a) That SuDS are not technically, operationally or financially deliverable or viable and that surface water drainage issues from the development can be alternatively mitigated; or b) That the SuDS scheme will itself adversely affect the environment or safety. (2) Where appropriate, every effort should be made to link SuDS into wider initiatives to enhance green infrastructure, improve water quality and benefit wildlife or contribute to the provision of the ecosystem service. (3) Arrangements in accordance with national policy will need to be put in place for the management and maintenance of the SuDS over the whole period during which they are needed.

Nature Conservation

(1) Proposals for development will be supported which conserve, restore or enhance the biodiversity in the district. (2) Where a proposal for development would result in significant harm to one of the following and which cannot be avoided, or mitigated or compensated for, then planning permission will be refused: (a) Special

The National Forest

(1) Within the area of the National Forest, as defined on the Policies map, North West Leicestershire District Council will work with the National Forest Company, other local authorities and partners to: (a) Provide opportunities for diversification of the economy, especially in relation to the woodland economy and tourism, including overnight accommodation; (b) Create an attractive, sustainable environment; (c) Enhance its role as a natural carbon sink; (d) Provide a range of leisure opportunities for local communities and visitors; and (e) Achieve the National Forest Company's woodland cover target. (2) New developments within the National Forest will contribute towards the creation of the forest by including provision of tree planting and other landscape areas within them and /or elsewhere within the National Forest in accordance with National Forest Planting Guidelines in place at the time an application is determined. Landscaping will generally involve resilient woodland planting, but can also include the creation and management of other appropriate habitats, open space provision associated with woodland and the provision of new recreational facilities. Landscaping does not just include woodland planting and the appropriate mix of landscaping features will depend upon the setting and the opportunities that the site presents. (3) In exceptional circumstances, a commuted sum may be agreed where planting and landscaping cannot be accommodated within or close to the development site. This will be used to purchase land for planting, create new woodland, provide public access to it and maintain the site for at least 5 years. (4) Within the National Forest new development should ensure that: (a) The siting and scale of the proposed development is appropriately related to its setting within the Forest; and (b) The proposed development respects and does not adversely affect the character and appearance of the National Forest or the wider countryside; and (c) The character of the National Forest is enhanced through incorporating a National Forest or locally inspired identity. (5) The area between Ashby de la Zouch, Measham and Swadlincote will be recognised as 'The Heart of the National Forest' where there will be a concentration of tourism and leisure activities associated with the National Forest, and economic opportunities based on the woodland and environmental economy. Linkages to nearby urban areas will be strengthened and new development will be exemplars of sustainable design and construction, with an emphasis upon the use of Forest-themed construction materials where appropriate.

Charnwood Forest Regional Park

(1) Within the Charnwood Forest, the Council will work in partnership with Leicestershire County Council, Charnwood Borough Council, Hinckley and Bosworth Borough Council and other partners to protect and enhance the landscape, biodiversity, natural history and cultural heritage of the Charnwood Forest Regional Park (CFRP). (2) Priority will be given to those proposals that: (a) Maintain the traditional working landscape of the forest, particularly those which involve farming or rural diversification or tourism, including green tourism initiatives; and (b) Enhance the biodiversity of the CFRP, consistent with the aims of the Charnwood National Character Area profile (SEO3); and (c) Provide new recreation facilities appropriate to the character of the area; and (d) Provide access to and from the rural areas into and within the Regional Park by non-vehicular means. (3) Any new development within the CFRP will be expected to respect the character and appearance of area in terms of design and materials used.

Areas of Separation

(1) Land between Coalville and Whitwick, as identified on the Policies Map, is designated as an Area of Separation where only agricultural, forestry, nature conservation, leisure and sport and recreation uses will be allowed. Any other proposed uses will need to demonstrate why they cannot be accommodated elsewhere within the district. (2) Development will not be permitted which, either individually or cumulatively, would demonstrably adversely affect or diminish the present open and undeveloped character of the area.

Land and air quality

Proposals for development on land that is (or is suspected of being) subject to land instability issues or contamination, or is located within the defined Development High Risk Area or within or close to an Air Quality Management Area or close to a known source of noise will be supported where: (a) A planning application is accompanied by a detailed investigation and assessment of the issues; and (b) Appropriate mitigation measures are identified which avoid any unacceptably adverse impacts upon the site or adjacent areas, including groundwater quality. Development should avoid any unacceptably adverse impact upon soils of high environmental value (for example wetland and other specific soils) and ensure that soil resources are conserved and managed in a sustainable way.

Countryside

Land outside the Limits to Development is identified as countryside where those uses listed (a) to (s) below will be supported, subject to those considerations set out in criteria (i) to (vi) below. (a) Agriculture including agricultural workers dwellings; (b) Forestry including forestry workers dwellings; (c) The preservation of Listed Buildings; (d) The re-use and adaptation of buildings for appropriate purposes including housing in accordance with the Settlement Hierarchy (Policy S2); (e) The redevelopment of previously developed land in accordance with Policy S2; (f) Flood protection; (g) Affordable housing in accordance with Policy H5; (h) The extension and replacement of dwellings; (i) Expansion of all types of business and enterprise in rural areas, both through conversion of existing buildings and well-designed new buildings; (j) Sites for Gypsies and Travellers and Travelling Showpeople in accordance with Policy H7; (k) Small-scale employment generating development or farm diversification; (l) Community services and facilities meeting a proven local need; (m) Development by statutory undertakers or public utility providers; (n) Recreation and tourism; (o) Renewable energy; (p) Development at East Midlands Airport in accordance with Policy Ec5; (q) Development at Donington Park Racetrack in accordance with Policy Ec8; (r) Transport infrastructure; (s) Employment land in accordance with the provisions of Policy Ec2. Developments in accordance with (a) to (s) above will be supported where: (i) the appearance and character of the landscape, including its historic character and features such as biodiversity, views, settlement pattern, rivers, watercourses, field patterns, industrial heritage and local distinctiveness is safeguarded and enhanced. Decisions in respect of impact on landscape character and appearance will be informed by the Leicester, Leicestershire and Rutland Historic Landscape Characterisation Study, National Character Areas and any subsequent pieces of evidence; and (ii) it does not undermine, either individually or cumulatively with existing or proposed development, the physical and perceived separation and open undeveloped character between nearby settlements either through contiguous extensions to existing settlements or through development on isolated sites on land divorced from settlement boundaries; and (iii) it does not create or exacerbate ribbon development; and (iv) built development is well integrated with existing development and existing buildings, including the re-use of existing buildings, where appropriate; and (v) the development will not seriously undermine the vitality and viability of existing town and local centres; and (vi) The proposed development is accessible, or will be made accessible, by a range of sustainable transport.

Conservation and enhancement of North West Leicestershire's historic environment

(1) To ensure the conservation and enhancement of North West Leicestershire's historic environment, proposals for development, including those designed to improve the environmental performance of a heritage asset, should: a) Conserve or enhance the significance of heritage assets within the district, their setting, for instance significant views within and in and out of Conservation Areas; b) Retain buildings, settlement patterns, features and spaces, which form part of the significance of the heritage asset and its setting; c) Contribute to the local distinctiveness, built form and scale of heritage assets through the use of appropriate design, materials and workmanship; d) Demonstrate a clear understanding of the significance of the heritage asset and of the wider context in which the heritage asset sits. (2) There will be a presumption against development that will lead to substantial harm to, or total loss of significance of a designated heritage asset. Proposals will be refused consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh the harm or loss or all of the following apply: • The nature of the heritage asset prevents all reasonable uses of the site; and • no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and • conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and • The harm or loss is outweighed by the benefit of bringing the site back into use. Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. (3) Where permission is granted, where relevant the Council will secure appropriate conditions and / or seek to negotiate a Section 106 Obligation to ensure that all heritage assets are appropriately managed and conserved. (4) The District Council will support development that conserves the significance of non-designated heritage assets including archaeological remains.

Shopfront Design

Shop front design, signage and proposals to improve shop front security should: a) Retain existing historic shop fronts and features of architectural and historic interest; and b) Respect the scale, proportions, character and materials of the whole building and where appropriate, adjoining buildings and the wider street scene; and c) Incorporate materials appropriate to the age and character of the building; and d) Have regard to the guidance on shop fronts and signage.

Housing provision: allocations

The following sites are allocated for housing development. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted.

Housing provision: resolutions

The Council has resolved to grant planning permission for housing development on the sites listed below. The Council will work with developers and applicants to ensure that the legal agreements associated with these developments are completed as efficiently as possible so that permission can be issued. Once planning permission is granted it will be subject to the provisions of Policy H1. Where there has been a delay in the signing of a legal agreement and a planning permission not granted, it may be necessary for the application to be referred back to Planning Committee for account to be taken of any material change in circumstances since the initial resolution to grant permission. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted.

Housing provision: new allocations

The following sites are allocated for housing development, subject to meeting the specified requirements set out below. These sites will be subject to a Section 106 Agreement to secure the provision of any specific requirements including on and off-site infrastructure. H3a - Land north of Ashby de la Zouch (about 2,050 dwellings in total) Development will be subject to the following requirements: (i) provision for suitable and safe access from the A511 (the principal vehicular access route), Smisby Road (the secondary vehicular access point) and Nottingham Road (primarily as a sustainable transport access, with some potential for very limited vehicular access); and (ii) any highway link between the A511 access and Smisby Road access should be designed in such a way that it would not provide an attractive through route from the A511 to Smisby Road; and (iii) provision of suitable and safe walking and cycling connections from the site to Ashby town centre, and adjoining employment areas (existing and proposed) and the wider countryside; and (iv) provision of a range of infrastructure including a new primary school, extensions to secondary schools, affordable housing, open spaces, green infrastructure and community facilities and enhanced public transport provision; and (v) design and layout of the proposed development should have due regard to the protection and enhancement of Heritage Assets including Ashby Castle Scheduled Ancient Monument, Parish Church of St Helen and Ashby de la Zouch Conservation Area; and (vi) provision for the discharge of wastewater into the Mease catchment in accordance with the provisions of policy En2. Development which does not meet these provisions will not be permitted. In addition, development will not be permitted unless a 'development window' for the Developer Contributions Scheme is current. No more than 600 dwellings will be allowed to be built until provision is made for pumping wastewater from the sewage treatment works at Packington out of the river Mease catchment; and (vii) provision of a mineral assessment identifying the potential effect of the proposed development on the mineral resources beneath and adjacent to the site; and (viii) A comprehensive Masterplan prepared in consultation with stakeholders, including both the district and town council and agreed in writing with the local planning authority for the comprehensive development of the site which identifies a range of land uses (including residential, employment and commercial uses, green infrastructure and open spaces, pedestrian and cycle links within and beyond the site and community facilities) and their relationship to each other and existing development in the vicinity of the site and what measures will be put in place to protect amenity of existing residential areas. H3b – Land off Waterworks Road Coalville (about 95 dwellings) (i) provision of a range of infrastructure including contributions towards education provision, affordable housing, green infrastructure and community facilities and enhanced public transport provision. H3c - Land off Ashby Road/Leicester Road, Measham (about 300 dwellings) Development of this site will be supported when: (a) The Government confirms the line of HS2 in the vicinity of Measham; and (b) The confirmed route passes through land West of High Street Measham (H2a); and (c) The site West of High Street Measham is not capable of being developed in its entirety as a result of the alignment of HS2. Development will be subject to the following: (i) provision of vehicular access from Ashby Road and Leicester Road; and (ii) provision of walking and cycling connections from the site to Measham town centre and existing bus routes; and (iii) provision of a range of infrastructure including contributions towards education provision, affordable housing, open spaces, green infrastructure and community facilities and enhanced public transport provision; and (iv) design and layout of the proposed development should minimise the impact upon the setting of Measham Conservation Area; and (v) protection and enhancement of heritage assets, including their setting; and (vi) provision for the discharge of wastewater into the Mease catchment in accordance with the provisions of policy En2. Development which does not meet these provisions will not be permitted. In addition, development will not be permitted unless a 'development window' for the Developer Contributions Scheme is current and there is sufficient capacity to accommodate the proposed development in full; and (vii) provision of a mineral assessment identifying the potential effect of the proposed development on the mineral resources beneath and adjacent to the site. H3d - Land south of Ashby Road, Kegworth (about 110 dwellings) Development of this site will be supported when: (a) The Government confirms the line of HS2 in the vicinity of Kegworth; and (b) The confirmed route passes through those sites north of Ashby Road Kegworth and/or south of Derby Road Kegworth which currently benefit from planning permission for housing development; and (c) Either of the two sites is not capable of being developed in their entirety as a result of the alignment of HS2. Development will be subject to the following: (i) Provision of vehicular access from Ashby Road; and (ii) The proposed development being compatible with the route of the proposed Kegworth bypass; and (iii) Provision of walking and cycling connections from the site to Kegworth centre; and (iv) Provision of a range of infrastructure in

Land south of Ashby Road, Kegworth

Development of this site will be supported when: (a) The Government confirms the line of HS2 in the vicinity of Kegworth; and (b) The confirmed route passes through those sites north of Ashby Road Kegworth and/or south of Derby Road Kegworth which currently benefit from planning permission for housing development; and (c) Either of the two sites is not capable of being developed in their entirety as a result of the alignment of HS2. Development will be subject to the following: (i) Provision of vehicular access from Ashby Road; and (ii) The proposed development being compatible with the route of the proposed Kegworth bypass; and (iii) Provision of walking and cycling connections from the site to Kegworth centre; and (iv) Provision of a range of infrastructure including contributions towards education provision, affordable housing, open spaces, green infrastructure and community facilities and enhanced public transport provision; and (v) The incorporation of appropriate measures to mitigate the impact of any noise issues associated with the M1, HS2 or East Midlands Airport.

Affordable Housing

(1) To support the provision of mixed, sustainable communities the Council will seek the provision of affordable housing on new housing developments. The provision of affordable housing will be subject to the following thresholds above which the level of contributions will be sought: Greenfield Sites Settlement Affordable Housing Contribution Threshold Ashby de la Zouch 30% 11 or more dwellings OR 1,000sqm (gross floor space) Castle Donington 30% 11 or more dwellings OR 1,000sqm (gross floor space) Coalville Urban Area 20% 11 or more dwellings OR 1,000sqm (gross floor space) Ibstock 20% 11 or more dwellings OR 1,000sqm (gross) floor space Kegworth 30% 11 or more dwellings OR 1,000sqm (gross) floor space Measham 30% 11 or more dwellings OR 1,000sqm (gross) floor space All other settlements 30% 11 or more dwellings OR 1,000sqm (gross) floor space Previously Developed Land Settlement Affordable Housing Contribution Threshold Ashby de la Zouch 15% 30 or more dwellings OR sites of 1Ha or more Castle Donington 5% 30 or more dwellings OR sites of 1Ha or more Coalville Urban Area 5% 30 or more dwellings OR sites of 1Ha or more Ibstock 5% 30 or more dwellings OR sites of 1Ha or more Kegworth 5% 30 or more dwellings OR sites of 1Ha or more Measham 15% 30 or more dwellings OR sites of 1Ha or more All other settlements 5% 30 or more dwellings OR sites of 1Ha or more (2) In agreeing the provision of affordable housing account will be taken of: • site size and site constraints; and • financial viability, having regard to the individual circumstances of the site. Where it can be demonstrated that the full affordable housing requirement would adversely affect the viability of a proposed development then the Council will agree to look at other measures to increase viability in accordance with policy IM1 (Implementation and Monitoring of the Local Plan) before agreeing to a lesser amount of affordable housing subject to the provision of part (4) below. (3) The Council's preference is for on-site affordable housing provision which should: • include a mix of types and tenure that reflects the type and nature of any need at the time that the application is determined; and • be integrated within the design and layout of a development such that they are externally indistinguishable from market housing on the same site. (4) Planning permission will be subject to a legal agreement to secure the provision of the agreed amount of affordable housing. Where a site is likely to be developed in phases over the longer term the agreement will include a suitable mechanism to review the amount of affordable housing provided over time as viability improves. (5) The Council will encourage the provision of affordable homes to meet the needs of elderly people. Where bungalow provision is made the Council will consider reducing the overall level of affordable housing contribution, having regard to the type and size of other affordable housing provided across the site.

Housing provision: planning permissions

The following sites have the benefit of planning permission for housing development. In the event that planning permission lapses on these sites it will be renewed subject to the policies of this Local Plan and any other material considerations including any evidence in respect of deliverability of any particular site. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted. H1a Holywell Mill, Ashby de la Zouch 44 dwellings H1b Land north of Ashby de la Zouch 605 dwellings H1c South of Park Lane, Castle Donington 895 dwellings H1d Standard Hill/West of Highfield Street, Coalville 400 dwellings H1e Off Jackson Street Coalville 129 dwellings H1f Off Kane Close Coalville 21 dwellings H1g Acresford Road, Donisthorpe 36 dwellings H1h Land north and south of Grange Road, Hugglescote 3,500 dwellings H1i South of Grange Road, Hugglescote 105 dwellings H1j Station Road, Ibstock 142 dwellings H1k Ashby Road, Kegworth 110 dwellings H1l Slack & Parr, Long Lane, Kegworth 188 dwellings H1m Land south of A6, Derby Road, Kegworth 150 dwellings H1n Cresswells Coaches, Shortheath Road, Moira 24 dwellings H1o Home Farm, Main Street, Oakthorpe 29 dwellings H1p Dawsons Road, Osgathorpe 16 dwellings H1q South of Normanton Road, Packington 30 dwellings H1r Heather Lane, Ravenstone 50 dwellings

Rural Exceptions Sites for Affordable housing

1. The provision of affordable housing outside of the Limits to Development will be allowed as an exception where: (a) the housing is demonstrated to meet an identified local need for affordable housing, and (b) the development is well-related to and respects the character and scale of the settlement and its landscape setting; and (c) the development allows accessibility to community services and facilities within it, where appropriate. 2. Planning permission for 'Exception' Sites will be subject to conditions, or a planning obligation will be sought, to ensure that all initial and subsequent occupiers of the affordable dwellings will: (a) be local people in housing need; and (b) benefit from the status of the dwellings as affordable housing in perpetuity. 3. On sites that are outside of, but well related to, a sustainable village or a small village the inclusion of market housing on 'Exception' Sites will be supported where: (a) it is demonstrated that there is insufficient subsidy for the scheme to go ahead without the inclusion of market housing; and (b) it can be demonstrated through detailed financial appraisal that the scale of the market housing component is the minimum necessary for the successful delivery of the development; and (c) the majority of the homes provided are affordable. 4. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted.

House types and mix

(1) We will seek a mix of housing types, size and tenures in new housing developments of 10 or more dwellings, in order to meet the identified needs of the whole community. (2) In considering proposals for developments of 10 or more dwellings we will have regard to the following: (a) evidence of housing needs including the most up to date Housing and Economic Development Needs Assessment, Older People's Housings Needs Study, local housing needs surveys, parish plans and other evidence of market demand; and (b) the mix of house types and sizes already built and/or approved when compared to the available evidence; and (c) the size of the proposed development in terms of numbers of dwellings proposed; and (d) nature of the local housing sub-market; and (e) needs and demands of all sectors of the community; and (f) character and context of the individual site; and (g) development viability and deliverability. (3) Developments of 50 or more dwellings will provide: (a) A proportion of dwellings that are suitable for occupation by the elderly, including bungalows, having regard to factors (c) and (g) above; and (b) A proportion of dwellings which are suitable for occupation or easily adaptable for people with disabilities in accordance with Part M4 (2) of the Building Regulations.

Provision for Gypsies and Travellers and Travelling Showpeople

(1) Provision will be made to meet the accommodation needs of Gypsies and Travellers and Travelling Showpeople between 2012 - 2031 for a minimum of: • 2012 – 2017: 27 pitches plus 20 transit pitches • 2017 – 2022: 11 pitches plus 3 plots for showpeople • 2022 - 2027: 14 pitches plus 3 plots for showpeople • 2027 - 2031: 16 pitches plus 3 plots for showpeople (2) The required provision will be identified through the production of a Gypsy and Traveller Site Allocations Development Plan Document, taking into account the most-up-to-date Gypsy and Traveller Accommodations Needs Assessment. (3) A five year supply of deliverable sites will be identified as well as a supply of developable sites or broad locations for the following years. The following criteria will be used to guide the site allocation process, and for the purposes of considering planning applications for such sites. (4) Proposals for new sites or extensions to existing sites should meet the following requirements: (a) Be located with reasonable access to a range of services, such as shops, schools, welfare facilities or public transport; (b) Be proportionate to the scale of the nearest settlement, its local services and infrastructure; (c) Have suitable highway access, and is not detrimental to public highway safety; (d) Provides for adequate on-site parking and turning of vehicles as well as appropriate facilities for servicing and storage; (e) Be capable of being provided with adequate services including water supply, power, drainage, sewage disposal, and waste disposal facilities; (f) Be compatible with landscape, environment, heritage and biodiversity as well as the physical and visual character of the area; (g) Be compatible with the amenities of neighbouring properties and land uses. (5) Authorised, existing and new, sites will be safeguarded for Gypsy and Travellers and Travelling Showpeople groups unless they are no longer required to meet an identified need. (6) Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted.

Telecommunications

Proposals for telecommunications will be supported where; (1) If proposing a new mast, it is demonstrated that the applicant has explored the possibility of erecting apparatus on existing buildings, masts or other structures. Such evidence should accompany any application made; (2) The siting and appearance of the proposed apparatus and associated structures ensures that the impact on the visual amenity, character or appearance of the surrounding areas is minimised; (3) If on a building, apparatus and associated structure are sited and designed so as to ensure that impact to the external appearance of the host building is minimised; (4) The proposed development does not have an unacceptable effect on an area of ecological interest, areas of landscape importance, archaeological sites, conservation areas or buildings of architectural or historic interest.

Development and Infrastructure

Development will be supported by, and make contributions to as appropriate, the provision of new physical, social and green infrastructure in order to mitigate its impact upon the environment and communities. Contributions may be secured by means of planning obligations and/or a Community Infrastructure Levy charge, in the event that the Council brings a Charging schedule in to effect. The type of infrastructure required to support new development includes, but is not limited to: (a) Affordable housing; and (b) Community Infrastructure including education, health, cultural facilities and other public services; and (c) Transport including highways, footpaths and cycleways, public transport and associated facilities; and (d) Green infrastructure including open space, sport and recreation, National Forest planting (either new provision or enhancement of existing sites) and provision of or improvements to sites of nature conservation value; and (e) The provision of superfast broadband communications; and (f) Utilities and waste; and (g) Flood prevention and sustainable drainage. The infrastructure secured (on or off-site) will be provided either as part of the development or through a financial contribution to the appropriate service provider and may include the long-term management and maintenance of the infrastructure. In negotiating the provision of infrastructure the Council will have due regard to viability issues and where appropriate will require that the applicant provide viability information to the Council which will then be subject to independent verification. The District Council will work closely with infrastructure providers to ensure inclusion of infrastructure schemes within their programmes, plans and strategies, and delivery of specific infrastructure requirements in conjunction with individual development schemes and the expected timing of development coming forward. The Council will also work with partners and other stakeholders to secure public funding towards infrastructure, where possible.

Implementation and monitoring of the Local Plan

(1) The Council will implement the policies and proposals of the Local Plan by: • working with a range of organisations and individuals through various working arrangements; • the preparation of Supplementary Planning Documents as required to provide additional guidance in respect of specific policies in the Local Plan; • utilising development management powers, including pre-application discussions and involving other organisations where appropriate; • considering how the council can use its resources, including funding, to help implement and support the provisions of the Local Plan and seeking other monies for projects which support the Local Plan. (2) The Council will monitor the policies of this Local Plan annually (as at 31st March of each year). An Annual Monitoring Report (AMR) will be published by 31 December of each year. (3) Where it is apparent that delivery rates are falling short of what was anticipated then the Council will take the necessary action to address any shortfall. Such actions may include (but are not limited to): • working with developers and site promoters to review the requirements and phasing of infrastructure provision, where such re-phasing would assist with viability; or • working with developers, site promoters and other interested parties to help unlock potential sources of funding for identified infrastructure; or • considering the use of Compulsory Purchase Powers to help address known land acquisition issues; or • bringing forward additional sites where it can be demonstrated that such sites will assist with delivery to address short term needs; or • engaging with statutory consultees. (4) Where additional housing sites need to be brought forward initial priority will be given to those sites identified within the most recent Strategic Housing Land Availability Assessment (SHLAA) and having regard to the settlement hierarchy set out in Policy S2. Sites not included in the SHLAA will only be supported where there are no sites within the SHLAA which are capable of contributing to supply in the next 5 year period and which accord with the settlement hierarchy.

Settlement Hierarchy

The following Settlement Hierarchy will be used when assessing the suitability of a settlement for new development, with the general principle being that those settlements higher up the hierarchy will take more growth than those lower down and that the type of development proposed is appropriate to the scale and character of the settlement and its place in the hierarchy. Settlement Classification: Principal Town - The primary settlement in the district which provides an extensive range of services and facilities including employment, leisure and shopping and which is accessible by sustainable transport from surrounding areas and to other large settlements outside the district. The largest amount of new development will be directed here, including retail development, to support the regeneration of Coalville Town Centre. [Coalville Urban Area which comprises of Coalville, Donington-le-Heath, Greenhill, Hugglescote, Snibston, Thringstone and Whitwick as well as the Bardon employment area.] Settlement Classification: Key Service Centre - Smaller than the Principal Town in terms of population and also the range of services and facilities they provide, they play an important role providing services and facilities to the surrounding area and are accessible by some sustainable transport. A significant amount of development will take place in these settlements but less than that in the Principal Town. [Ashby de la Zouch, Castle Donington] Settlement Classification: Local Service Centre - Settlements which provide some services and facilities primarily of a local nature meeting day-to-day needs and where a reasonable amount of new development will take place. [Ibstock, Kegworth, Measham] Settlement Classification: Sustainable Villages - Settlements which have a limited range of services and facilities where a limited amount of growth will take place within the defined Limits to Development. [Albert Village, Appleby Magna, Belton, Blackfordby, Breedon on the Hill, Coleorton (the Lower Moor Road area only), Diseworth, Donisthorpe, Ellistown, Heather, Long Whatton, Moira (including Norris Hill), Oakthorpe, Packington, Ravenstone, Swannington, Worthington.] Settlement Classification: Small Village - Settlements with very limited services and where development will be restricted to conversions of existing buildings or the redevelopment of previously developed land (as defined in the National Planning Policy Framework) or affordable housing in accordance with Policy H5 (Rural Exceptions Sites for Affordable Housing). [Battram, Coleorton (the part not considered to be a Sustainable Village), Griffydam, Hemington, Lockington, Lount, Newbold, Newton Burgoland, Osgathorpe, Peggs Green, Sinope, Snarestone, Swepstone, Spring Cottage, Tonge, Wilson.] Settlement Classification: Hamlets - Small groups of dwellings with no services and facilities and where development will be considered in the context of the countryside policy (Policy S3). The re-use of previously developed land (as defined in the National Planning Policy Framework) will be supported where it is compatible with the settlement hierarchy set out above. The redevelopment of previously developed land for housing should be within or well-related to the Principal Town, a Key Service Centre, Local Service Centre, Sustainable Village or Small Village. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted.

Town and Local Centres: Primary Shopping Areas – Non-Shopping Uses

(1) Shops (Use Class E) will be the predominant ground floor use within the defined Primary Shopping Areas of our Town and Local Centres, as identified on the Policies map. Development for other main town centre uses within the Primary Shopping Area will be acceptable where all the following criteria are met at the time that an application is determined; (a) They make a positive contribution to the diversity of uses on offer; and (b) The proposal, along with any committed planning permission, does not undermine the shopping element within the immediate area of the site; and (c) It would not result in a cluster or over-concentration of non-shop uses; and (d) It would not lead to a negative impact on the retail character and vitality and viability of the Primary Shopping Area. (2) The residential use of the uppers floors of properties within these defined Primary Shopping Area will be supported subject to parking and amenity considerations.

Town and Local Centres: Primary Shopping Areas – Hot Food Takeaway Balance

(1) In considering applications for a proposed hot food takeaway use, within the defined Primary Shopping Areas of our Town and Local Centres, as identified on the Policies map, regard will be had to the following factors at the time that an application is determined: (a) The number of existing takeaway establishments in the immediate area as related to the application site and their proximity to each other, in order to avoid clusters of takeaway uses; (b) Impact on the amenity of the immediate area (including smells, fumes and noise), traffic or safety issues arising from the proposal itself or cumulatively with the existing uses in the area; (c) The potential impact upon the health of local residents where it can be demonstrated that the proposal will raise health issues. (2) Proposals for a hot food takeaway use should also include the provision of a litterbin on land within the premises, of which the property will be responsible for its maintenance, emptying on a regular basis and for the area adjacent to the premise to be kept clear. Where a litterbin cannot be provided within the curtilage of the premises, a commuted sum will be sought towards the provision of a litterbin within the locality. (3) Within the Market Street frontage of Ashby de la Zouch, Nos 67 to 89 and Nos 76 to 108, the Council will resist applications for new hot food takeaway uses over and above those in existence, or permitted, at the time of the adoption of this Local Plan. (4) The concentration of hot food takeaway uses within the defined local centre of Ibstock, as identified on the policies map, will not be permitted to increase above the existing number of those in existence, or permitted, at the time of the adoption of this Local Plan.

Local Centres

Planning permission will only be granted for the loss of shopping and other main town centres uses within the defined local centre if the premises have been vacant for at least 6 months with evidence of marketing. The following factors will also be taken into account: (a) The need to maintain an appropriate balance between main town centre and non-main town centre uses; and (b) The contribution the unit makes to the function of the centre in terms of its size and location within the centre; and (c) The nature and characteristics of the proposed use and the type and characteristics of other uses within proximity of the application site; and (d) The impact of the proposal on the shopping and service character and function of the local centre - for example, would it create an active frontage, would the use bring visitors to the centre? The residential use of the upper floors of properties within these defined Local Centres will be supported subject to parking and amenity considerations.

Tourism development

(1) We will maximise the potential of tourism in the district and increase tourist opportunities for visitors by supporting the: (a) Retention of existing tourist attractions and accommodation which contribute to the local economy; (b) Enhancement of existing tourist attractions and accommodation, including their expansion, where it accords with the principles of sustainable development and is not detrimental to the surrounding area; (c) Development of new tourist attractions, including the provision of new accommodation to facilitate the opportunity for overnight stays; (d) Development of attractions and accommodation that are well connected to other tourist destinations and amenities, particularly by public transport, walking and cycling; (e) Enhancement of the environment and local distinctiveness, including heritage and landscapes, which will increase the attractiveness of the district to visitors. (2) New tourist attractions and accommodation will be directed to the Limits to Development where it can make use of existing infrastructure. It is recognised however there may be instances where an initiative requires a countryside location or setting or is directly related to a specific tourist destination. Outside of the Limits to Development preference would be for tourism and tourism related development to re-use land and / or buildings. (3) Tourism in rural areas, which benefits business, communities and visitors, and respects the character of the countryside, will be supported. Its scale should be appropriate to the local landscape and its surrounding environment and not adversely affect local transport infrastructure. (4) When assessing new provision for rural tourism or the expansion of facilities, consideration will be given to whether needs can be met by existing facilities. (5) The Council will work with the National Forest Company and other tourist organisations to maximise the opportunities for tourism and cultural development

Town and Local Centres: Hierarchy and Management of Development

(1) The Council will support retail and main town centre development in accordance with the following hierarchy of centres: • Town Centres: Coalville and Ashby de la Zouch • Local Centres: Castle Donington, Ibstock, Kegworth and Measham Proposals for retail and other main town centre uses will be expected to be located within the town and local centres, as defined on the Policies map. Development outside of the defined town and local centres will only be permitted if it can be demonstrated that a sequential approach has been followed which favours sites in a defined centre, then edge of centre and then out-of-centre. (2) Coalville is the district's principal shopping area and is the Council's preferred location for additional retail development to ensure that it continues to fulfil this role and to assist in the regeneration of the Town Centre. The Council will work with landowners, developers and businesses to bring forward proposals for up to 7,300 square metres of comparison (non-food) retail floorspace in accordance with the hierarchy set out in this policy. In addition, improvements to the public realm will be sought, either in association with new development or as standalone schemes. (3) New retail and town centre uses development should: (a) Be of a scale appropriate to the role, function and character of the settlement and not undermine the balance of the hierarchy; (b) Conserve and enhance the character and distinctiveness of each centre in terms of design, and protect and enhance the built and historical assets of the centre, and their wider setting.

Town and Local Centres: Thresholds for Impact Assessments

For retail, leisure and office development proposed outside of the town and local centres as defined on the Policies map, an impact assessment will be required based on the following thresholds. Centre where development proposed Development Threshold Coalville and Ashby de la Zouch 1,000 sqm gross Castle Donington, Ibstock, Kegworth and Measham 500 sqm gross

Transport Infrastructure and new development

(1) The Council, working with the highway authorities, will ensure that development takes account of the impact upon the highway network and the environment, including climate change, and incorporates safe and accessible connections to the transport network to enable travel choice, including by non-car modes, for residents, businesses and employees. In assessing proposals regard will be had to any Transport Assessment/Statement and Travel Plan prepared to support the application. (2) New development will be expected to maximise accessibility by sustainable modes of transport, having regard to the nature and location of the development site, and contribute towards improvement of the following where there is a demonstrable impact as a result of the proposed development: (a) The provision of cycle links within and beyond sites so as to create a network of cycleways across the district, including linkages to key Green Infrastructure; (b) The provision of public footpath links within and beyond sites so as to enhance the network of footpaths across the district, including linkages to key Green Infrastructure; (c) The provision of new public transport services, or the enhancement of existing services, to serve new developments so that accessibility by non-car modes to essential services and facilities, such as shops, schools and employment, is maximised. (3) Where new development has a demonstrable impact upon the highway network contributions towards improvements will be sought commensurate with the impact. The following specific highway improvements are identified as priorities: (a) Strategic road improvements • J22 of M1 • J13 of A42 (b) Local road improvements • the A511 corridor between J22 of the M1 and J13 of the A42

Leicester to Burton rail line

The Council will support the provision of public transport services on the Leicester to Burton rail line. New development will not be permitted which would prejudice the route of the Leicester to Burton rail line. The provision of stations, together with ancillary car parking and facilities such as platforms and shelters, at appropriate locations, including Coalville and Ashby de la Zouch, will be supported. Any development provided for within this policy which discharges wastewater into the Mease catchment will be subject to the provisions of policy En2. Any such development which does not meet these provisions will not be permitted. In addition, development will not be permitted unless a 'development window' for the Developer Contributions Scheme is current, and there is sufficient capacity to accommodate the proposal in full.

Ashby Canal

Development which would prejudice the restoration of the Ashby Canal and its historic route, as identified on the policies map, or the provision of canal side facilities will not be permitted. The reconstruction of the Ashby Canal from Snarestone to Measham, to include the construction of a new canal wharf at Measham, is supported. The principle of the provision of an alternative route for the Ashby Canal will be supported where it can be demonstrated that the existing historic route is no longer appropriate.

Parking provision and new development

(1) Development should incorporate adequate parking provision for vehicles and cycles in order to avoid highway safety problems and to minimise the impact upon the local environment. This should be designed so that it is an integral part of the development and does not dominate the public realm; (2) In considering the provision of parking, both vehicles and cycling, as part of new development the Council will: (a) Have regard to local highway and parking conditions; (b) Have regard to the most up-to-date 6C's Design Guidance or equivalent issued by the County Highway Authority in respect of parking standards; (c) Have regard to any transport assessment/statement and travel plan associated with a proposed development and, in appropriate circumstances, agree to reduce the required car parking provision where the proposed development has, or is, proposed to have good access to other modes of transport; (d) In terms of cycle parking seek the minimum requirements specified in the 6C's Design Guidance (or equivalent issued by the County Highway Authority). Where it is not possible to provide cycle parking on-site a financial requirement will normally be sought towards providing public facilities where such provision is possible.