Planning in Pendle

Healthy places and lifestyles

1. Where practicable, development should address the needs of an ageing population, support improvements in public health and a reduction in health inequalities by: (a) Providing a healthy living and working environment. (b) Supporting healthy lifestyles through Active Design (Policy DM16). (c) Promoting social and economic inclusion. (d) Incorporating dementia friendly design principles, particularly within the public realm and in the development of housing for older people. (e) Ensuring good access to a full range of health facilities. (f) Protecting amenity, health and wellbeing. (g) Ensuring compatibility with neighbouring land uses. (h) Addressing contamination and taking steps to minimise pollution. 2. Improvements in the quality and accessibility of primary health care facilities will be supported, including the co-location of GP practices where this would help to deliver positive health outcomes. 3. A Health Impact Assessment (HIA) will be required where a development proposal is likely to have an adverse impact on health and wellbeing. The evidence in the HIA should be proportionate to the significance of the scheme and show: (a) Evidence that the development proposal has been assessed for its effects on health and wellbeing. (b) The health and wellbeing benefits of the proposal. (c) Steps taken through the design process to address any effects that have been identified, including matters related to the scale and layout of the proposal, its detailed design features and open space provision. (d) Where relevant an action plan and monitoring measures to address health and wellbeing impacts of a proposal during its operation. 4. Where a development would have an adverse impact on health and well-being which are not mitigated the development will normally be refused.

Open space, sport and recreation

1. Designated areas of Open Space with a site area of 0.2ha or greater are identified on the Policies Map. Sites below this threshold are shown on larger scale plans in the Open Space Audit. 2. Built facilities for sport and recreation together with any land identified as open space on the Policies Map, or in the most recently adopted Open Space Audit (or Strategy), will normally be protected from development. 3. The additional pressures arising from new development and/or any identified deficiencies in open space provision should normally be mitigated through the on-site provision of open space. 4. Where on-site provision of new open space (e.g. sports pitches) is neither feasible nor appropriate, a financial payment will be secured through a signed legal agreement to help fund: (a) The acquisition of an alternative site for the provision of new open space or sports facilities. (b) Improvements to the quality, accessibility and management of existing open space provision or sports facilities. (c) Improvements to the quality, ecological value and accessibility of green infrastructure assets (Policy DM06), 5. The amount and type of new open space to be provided should address the needs set out in the most recent Open Space Audit or Strategy adopted by the Council. 6. New open space must be accessible, well-designed, fit for purpose and made available for wider community use wherever feasible. Future management and maintenance of these new spaces or facilities will be secured by appropriate planning conditions or legal agreements. 7. Where possible, built sports facilities attracting large visitor numbers should be located in Main Towns and be easily accessible by public transport, cycling and walking. 8. The Development of existing open space for other land uses will be granted permission where: (a) The proposal includes alternative provision that is equivalent or better in terms of quantity, quality, accessibility and management arrangements; or (b) Evidence can be provided that the open space site is surplus to requirements and its does not lead to a deficiency for that open space typology within the Electoral Ward and/or Area Committee area in which it is located. This calculation will be based on evidence in the most up-to-date Open Space Audit or Strategy; and (c) The site is not suitable to meet any identified deficiency of another open space typology. 9. The redevelopment and replacement of existing buildings will be permitted where this maintains or enhances the use of the open space or its context. 10. The design of replacement structures should be sensitive to their setting; not normally exceed the footprint or height of the existing structure; and wherever feasible incorporate living roofs/walls and Sustainable Drainage Systems (SuDS). 11. Development adjacent to an area of existing open space (including outdoor sports) should seek to safeguard its appearance and wider setting by having no adverse impact on: (a) Accessibility (b) Amenity value (including any important views out of the site) (c) Ecological value (d) Established uses, including the use designated open spaces or sports facilities. 12. Where required, major residential developments must assess the potential for likely significant effects on the South Pennine Moors SPA and SAC (see Policy DM08) 13. Within the Forest of Bowland National Landscape, new or enhanced open space should reflect the primary purpose and special qualities of the National Landscape.

Engaging the community

1. Before submitting a planning application, applicants should engage in proportionate pre-application discussions with members of the community, including neighbours, and where relevant statutory bodies and providers. Applicants should confirm how this engagement process has influenced their proposals. 2. A consultation statement should be prepared for proposals which are strategic in nature, or which conflict the development plan. The statement should address: (a) The means of engagement employed including details of the participants. (b) Details of material issues raised. (c) Details of responses made to these issues, highlighting any changes made to the proposal. 3. The Council expects a developer or body preparing a site-wide Masterplan (in response to policy requirements) or a Design Code to have thoroughly engaged with the local community. The submitted Masterplan or Design Code, should provide details of the public engagement undertaken, including: (a) A timescale of events, inclusive of means of consultation, and relevant details of participants. (b) Topics of discussion during consultation events, information presented, and a summary of feedback gained. (c) Details of how engagement has influenced design/policy development within Masterplan/Design Code, including any specific measures introduced as a result of engagement. 4. The engagement strategy for consulting on such Masterplans or Design Codes should incorporate a wide variety of consultation techniques, including but not limited to: (a) Social media (b) Newspapers/leaflet distribution (c) Community Groups/Parish Council meetings and presentation (d) Topic specific workshops (e) Public exhibitions (including virtual events)

Cultural and community facilities

1. The Council will support proposals for cultural and community facilities (including shops in Use Class F2) where it: (a) Responds to a local need or community aspiration as confirmed within an adopted Neighbourhood Plan, Parish Plan or community supported Masterplan. (b) Promotes multifunctional use of existing buildings where this is suitable and sustainable. (c) It supports the continued vitality of town and district centres. 2. Proposals for new or expanded cultural and community venues should: (a) Prioritise the redevelopment of existing buildings or previously developed land. (b) Respond positively to the local built form and historic character (see Policy DM18), in terms of scale, appearance, materials, massing and layout (see Policy DM16). (c) Safeguard local amenity. (d) Be accessible via foot, bicycle and public transport to the community it serves. (e) Be safely and sufficiently accessed from the local highway network and responsive to parking requirements set out in Appendix 5. 3. Any proposal to change the use of a building or land which is already in cultural or community use will be supported where consistent with Policy DM31 as applicable, and: (a) Replacement facilities of a similar scale and function, which maintains or enhances local built character, and are accessible via sustainable transport links to the community served, are provided; (b) It is evidenced that there is no need or demand for the facility to remain in that use; or (c) The existing use is no longer viable and cannot be reasonably made viable. 4. To protect the sustainability and vitality of local communities, the Council may remove permitted development rights of proposals approved in accordance with this policy. 5. The temporary use of vacant buildings and sites by creative, cultural and community organisations will be supported where they will help to revitalise town centre locations and incorporates proportionate measures to ensure that local amenity is protected during the period of proposed use.

Education and training

1. Great weight will be applied in favour of proposals for new, replacement or expanded education facilities where: (a) The site is safely accessible to its catchment area by existing foot, bicycle, and public transport links, including a school bus service. (b) Sufficient off-road parking is provided on site for staff and visitors (accounting for any increase in demand created by the development). See Policy DM37. (c) Sufficient capacity can be provided within the surrounding highway network to accommodate the proposal (Policy SP13). (d) Buildings in use for teaching are located outside of Flood Zones 2 or 3 and are not at unacceptable risk of flooding from other sources (Policy DM02(a)). (e) The proposal is designed to minimise consumption of non-renewable materials and resources (Policies SP08 and DM01). (f) The development would not result in unacceptable harm to the historical environment, landscape quality, or the setting and character of a settlement. (g) The proposal accords with the requirements of Policy DM04 Biodiversity Net Gain. (h) Sufficient mitigation is provided to ensure that the proposal does not have an unreasonable adverse effect the amenity or operations of neighbouring land uses. (i) The proposal maintains sufficient outdoor space to accommodate on-site recreation and sporting activities and learning. 2. As appropriate, sports facilities (including hall space) should be made available for community use in the evening and outside of term time. 3. Proposals to redevelop existing education sites, into non-education uses will only be supported where: (a) Evidence is provided to show that the site is no longer required for education purposes; or (b) An alternative suitable site with sufficient capacity for education use has already been legally secured; and (c) In all cases, the proposal: i. Is compatible with adjacent land uses and does not prejudice the functionality of these uses. ii. Safeguards existing playing fields and associated facilities from development, making these publicly accessible to the wider community. iii. Is safely and sufficiently accessible from the public highway, taking into account the scale and nature of the proposal. 4. In demonstrating the economic benefits of a proposal, applicants are encouraged to make employment and training opportunities available to the residents of Pendle. The nature of these opportunities should be proportionate to the scale and type of development proposed (See Policy SP14).

Healthy and vibrant communities

1. The Council will seek to promote healthy and vibrant communities, and reduce health inequalities, by: a. Retaining and improving local health facilities (Policy DM30) and community facilities (Policy DM35) b. Enabling active lifestyles by: i. Supporting Active Design, improving the quality and accessibility of open space provision, sport and recreation facilities, and green infrastructure (Policies DM05, DM06, DM12, DM16, DM31 and DM45) ii. Enabling Active Travel, promoting walking and cycling (Policies SP13, DM16, DM30 and DM32) iii. Directing development to sustainable and accessible locations (Policies SP02 and SP03) c. Reducing or mitigating the risks posed by potential contributors to poor health: i. Effects of climate change (Policy SP08 and Policies DM01 and DM03) ii. Operational effects/hazardous uses and emissions (Policies DM13 and DM14) iii. Crime (Policy DM16) d. Supporting healthy eating (Policy DM33) e. Promoting neighbourhood food environments, including access to local food shops and the integration of community food growing opportunities, including allotments (Policy DM01) f. Improving access to employment opportunities and higher value jobs, in recognition of the links between income and health (Policies SP05 and DM41) g. Providing a sufficient supply of high quality homes which is responsive to local needs in an attractive residential environment, to help promote good mental health (Policies SP04 and DM21 to DM23 and Policy DM30)

Design and placemaking

Design 1. High quality, beautiful and sustainable design will be sought in all new developments. Proposals should demonstrate how this will be achieved, through the submission of a Design Statement, which addresses the guidance contained within the National Design Guide; paragraph 135 of the National Planning Policy Framework (2023); and the following general principles: (a) Promoting local character and distinctiveness by: i. Responding to the context of the site. Proposals should show a thorough understanding and appreciation of both the natural and built environment in the area. This will include elements such as landscape, townscape, heritage, topography, vegetation, open space, microclimate, tranquillity, light and darkness. ii. Respecting the form of existing buildings. This includes density, scale, height and massing. High quality materials should be used and sourced locally wherever possible. iii. Maintaining positive aspects of the local environment and improving poorer ones. The opportunity to create new focal points such as views, vistas, enclosures, backdrops and landmarks is encouraged. (b) Promoting sustainable development by: i. Taking all reasonable opportunities to ensure future resilience to a changing climate (see Policy DM01). Reducing energy and water use; integrating sustainable surface water management; minimising waste and carbon emissions; and, wherever possible and feasible, generating power from renewable and low carbon sources by: • Using eco-friendly materials and construction techniques, • Incorporating recycled materials, or mainstream products with higher recycled content, and • Installing economical heating systems, and good thermal insulation ii. Demonstrating that a good standard of amenity for all existing and future occupants of land and buildings will be secured. iii. Ensuring that buildings and spaces are accessible and usable. Individuals regardless of their age, gender or disability should be able to gain access to buildings and use their facilities. This applies to both visitors and those who live and work in them. • Have regard to the principles and practises of 'Secured by Design.' • Have regard to the 10 principles of Sport England's Active Design Guidance. (c) Encouraging active lifestyles. (d) Improving external appearance and amenity by ensuring that: i. Householder developments, shopfronts and external advertisements proposals have regard to the detailed set out in the Design Principles SPD; and the Conservation Area Design and Development Guidance SPD, where applicable. ii. External air conditioning condenser units are sited appropriately and do not have impact on the amenity of people in adjacent properties. iii. Flues, up to a maximum of one metre above the highest part of the roof, are only permitted where they: • Using eco-friendly materials and construction techniques, • Incorporating recycled materials, or mainstream products with higher recycled content, and • Installing economical heating systems, and good thermal insulation • Do not impact on the amenity of people in adjacent properties. • Can be made inconspicuous through appropriate siting, or the use of appropriate materials and/or colours. Within conservation areas the flue should not be fixed to a principal or side elevation that is visible from the highway. iv. Waste storage requirements for individual properties give occupiers responsibility for their own waste, with waste bins stored: • Within the site boundary. • Located no further than 10 metres from nearest point of access for the waste collection vehicle. • Not prominent in the street scene and screened from public view wherever practicable. v. The pathways between communal bin stores and the highway are free from kerbs, steps or inclines with a gradient in excess of 1:12 and be a minimum of 1.8 metres wide. (e) Adopting a design and layout that enables safe access for emergency vehicles at all times. Landscaping 2. Landscaping schemes will be required to mitigate against the impact of any new development and should have a positive impact on the landscape. 3. Development should enhance or protect local habitats and landscape character. The criteria set out below should be addressed, where relevant: (a) Safeguard natural features of importance for biodiversity and/or amenity from damage, destruction or deterioration in quality. This includes ensuring that wildlife corridors are maintained. (b) Maintain the attractiveness and visual amenity of green open spaces. (c) Sympathetically incorporate existing features into the overall design of the scheme, such as tress, walls and hedgerows. This includes measures to ensure their continued survival. (d) Provide new landscaping that integrates with the local environment and existing natural features. Native plant species should be used together with, where practicable, locally distinctive building materials, such as stone flags and setts. Provision must also be made for future maintenance. 4. Conditions and/or planning obligations will be used where necessary to secure: (a) Landscaping schemes (b) Maintenance payments for new landscaping (c) The protection of trees, hedgerows, or other natural features, during the course of development (d) The replacement of trees, hedgerows or other natural features, where their loss cannot be avoided

Advertising and commercial signage

1. Advertisements should not harm amenity or highway safety and, where possible, should seek to make a positive contribution to a safe and attractive street scene. 2. Proposals which would result in a proliferation of advertisements will be refused in sensitive locations where amenity will be harmed. Sensitive locations include, but are not limited to, historic environments; rural locations; areas with high visual amenity; parks; business parks and town centres. 3. Any advertisement requiring advertisement consent must meet the following criteria, and be consistent with relevant local and national planning policy: (a) Be appropriately sited and sensitive to the visual appearance of: i. The premises on which it is to be installed; particularly if this is a listed building (also requires Listed Building Consent); and ii. The local street scene; particularly within a conservation area. (b) Not cause a hazard to pedestrians or road users. (c) Avoid undue visual intrusion by virtue of light pollution. 4. Proposals should have regard to the Design Principles SPD, which provides detailed guidance on the design of shop fronts.

Floodlighting

3. In accordance with Policy DM13, applications to install floodlighting will not be approved where light pollution is likely to cause unacceptable: (a) Levels of glare for neighbouring properties, or local ecology; or (b) Visual, highway safety or landscape impacts.

Employment site allocations

1. To help meet the employment land requirement set out in Policy SP05, the following sites are allocated for industrial (B2) and warehousing (B8) uses. 2. The boundary of each site is defined on the Policies Map. 3. Due to their strategic economic importance these sites are designated as Protected Employment Areas under Policy DM41. 4. Proposals within the Class E use class, which are ancillary to a B2 or B8 use will normally be supported. All other proposals for Class E or Sui Generis uses must be compliant with Policy DM41. 5. Development proposals on these sites will be required to: (a) Meet the site-specific policy requirements, which follow the supporting text. (b) Address the design principles set out in Policy DM16 and any other relevant policies in the Pendle Local Plan, or an adopted Neighbourhood Plan. 6. Flood risk from all sources should be considered from an early stage through the design process, ensuring that any potential risk is not increased or displaced (Policies SP09, DM02(a) and DM02(b)).

Protected Employment Areas

1. Those sites designated as Protected Employment Areas (PEA), which are primarily intended for industrial (B2), and warehousing (B8) uses, are defined on the Policies Map and listed in the supporting text. 2. Sites or premises within a PEA should remain in employment use unless it can be shown that they: (a) Have been vacant and continuously marketed for employment use, at prevailing local market rates, for a period of not less than two years; or (b) Are to be used for industrial or commercial training purposes. 3. At Riverside Business Park, Barrowford uses for offices, research and development, and light industry (Use Class E(g)) will be supported. The development of Class E(g) uses at other designated PEAs will be supported where they are ancillary to the main use of the premises. 4. Stand-alone Class E and Sui Generis uses may be acceptable, where consistent with paragraph 1 of Policy DM44 and other development plan policies, and where the proposal: (a) Does not undermine or prejudice the operations of existing businesses or the purpose of the PEA designation. (b) Is compatible with the existing business operations in terms of amenity, air quality, noise, vibration, odour, public safety and security; and (c) Does not individually or cumulatively exceed 25% of the total floorspace and/or site area (whichever is smaller) of the PEA. 5. To avoid diluting the employment base of the Borough and to restrict out-of-centre retailing, a condition will be used to prevent the change of use from Use Class E(g) to other Class E uses in PEAs.

Lomeshaye Strategic Employment Site

1. The site is allocated for B2 and B8 uses. 2. Site specific design requirements are set out in the Lomeshaye Development Brief (2018). 3. Early engagement between the applicant and infrastructure providers should address any capacity issues and ensure that relevant infrastructure (e.g. utilities, broadband etc) is provided (Policy SP14). 4. The site must be adequately connected by a new road to the primary road and motorway network and be accessible by public transport, walking and cycling. 5. A high-quality landscaping scheme should incorporate and enhance natural environmental features, as appropriate, but particularly where they relate to wider landscape character or ecological considerations.

West Craven Business Park Extension, Earby

1. The site is allocated for B2 and B8 uses. 2. Vehicular access will be through the existing West Craven Business Park providing direct access to the primary road network and public transport links. This is inclusive of servicing, goods, deliveries, staffing and visitors. 3. The site should be accessible to walking and cycling infrastructure, with premises safely and sufficiently accessible by foot and bicycle. 4. Early engagement between the applicant and infrastructure providers should be carried out to address any capacity issues and ensure the relevant infrastructure (e.g. utilities, broadband etc) is provided. 5. Sustainable drainage systems (Policy DM02(b)) should be incorporated into the scheme and help to address known issues with surface water flooding as identified in the Level 2 SFRA (2024). 6. A high-quality landscaping scheme should be developed, incorporating and enhancing natural features, as appropriate, but particularly where they would benefit the wider landscape character or ecological considerations. In particular the Council will require the Northern, Eastern, and Western boundaries of the site to be strengthened with landscaping and planting to minimise the effect of the development on the wider open countryside and landscape quality. 7. A detailed development brief (including a design code) should be prepared to demonstrate that the site will be developed in an appropriate manner. 8. Prior to construction comprehensive and safe remediation of the site is required. This should be informed by a detailed site investigation submitted to and approved by the Council. A Construction Method Statement will be required confirming how contaminated and waste materials will be stored and removed from the site. 9. The development will be required to addresses any potential environmental impacts arising from proposals including measures to prevent the pollution of Earby Beck.

Land at Jackdaw Road, Barnoldswick

1. The site is allocated for B2 and B8 uses. 2. Vehicle access should be taken from Jackdaw Road. 3. The proposal should seek to promote access by foot and bicycle. Premises should be safely accessible by foot and bicycle with on-site secure bicycle storage provided. Proposals should explore opportunities to enhance connectivity to the Leeds and Liverpool Canal Towpath. 4. Early engagement between the applicant and infrastructure providers should be carried out to address any capacity issues and ensure the relevant infrastructure (e.g. utilities, broadband etc) is provided. 5. Sustainable drainage systems (Policy DM02(b)) should be incorporated into the scheme and help to address surface water flooding issues as identified within the Level 2 SFRA (2024). 6. A landscaped buffer should be provided between proposed industrial units and the Leeds and Liverpool Canal. This buffer should seek to minimise the visual impacts of the proposal on the setting of the canal. It should also seek to strengthen the green infrastructure corridor provided by the canal and the role provided for wildlife and recreational activity. 7. The development addresses any potential environmental impacts of developing the site for industrial uses and subsequent operational effects, in particular measures to prevent the pollution of the Leeds and Liverpool Canal, Crow Nest Syke, and effects on the health and wellbeing of nearby residences. 8. Proposals should ensure sufficient offset distances are provided to nearby dwellings to prevent overshadowing, overbearing, and effects on privacy/amenity. Prior to construction comprehensive and safe remediation of the site is required. This should be informed by a detailed site investigation submitted to and approved by the Council. A Construction Method Statement will be required confirming how contaminated and waste materials will be stored and removed from the site.

Employment land requirement and delivery

1. Over the plan period (2021-2040), provision will be made to deliver 79,100 sqm of Industrial floorspace (B2/B8) and 13,200sqm of Office Floorspace (E(g)). 2. This employment land requirement will be delivered by: a. Sites under construction or with planning permission. b. The renewal of derelict land and repurposing of existing buildings on sites located within protected employment areas (see Policy DM41). c. Specific sites allocated for employment including the Lomeshaye Strategic Employment Site (see Policy AL02) d. Other unallocated sites suitable for employment located within defined settlement boundaries. 3. In all cases proposals for employment land uses must: a. Ensure safe access and egress onto and through the highway network accounting for the amount and type of vehicle movements anticipated from its end use. b. Provide sufficient off-street parking to accord with the requirements of Policy DM37. c. Enable access by sustainable modes of transport by: i. Directing investment to locations which are well served by existing public transport provision: ii. Improving walking and cycling connectivity by providing new links, and where possible enhancements, to the existing footpath/cycling network. iii. Enable commuting by bicycle by providing sufficient onsite secure cycling storage, bicycle vouchers, and shower/changing facilities. d. Gain an early understanding of the ground stability and contamination issues affecting a site. Comprehensively and safely address ground stability and contamination through the construction process, including the safe storage and removal of contaminated materials. e. Ensure that proposals do not result in unacceptable adverse effects on public safety, health, wellbeing, and amenity of existing residents, or irreparable harm to protected species and the natural environment during construction and through its future operation. f. Safeguard, and where possible restore, existing watercourses flowing through or adjacent to sites. Ensure that proposals do not create unacceptable risk during future flooding events from all sources. Prioritise natural processes to drain sites, effectively treating surface water flow for pollutants before entering sewer systems/watercourses. g. Where relevant, secure Biodiversity Net Gain in accordance with Policy DM04. h. Conserve the historic environment in accordance with Policy DM18 and where relevant Policy DM19.

Climate change resilience

Location of development 1. Developments should be accessible to, and where feasible contribute towards the enhancement of, pedestrian, cycling, and public transport infrastructure in accordance with Policies SP13 and DM32. 2. Developments should safeguard, and where possible restore, natural features which make a positive contribution to the capture and storage of greenhouse gases. Natural features which help to mitigate the effects of climate change should also be retained and supplemented through on-site provision. This includes but is not limited to: (a) Watercourses and their natural corridors. (b) Flood plain/floodwater storage areas. (c) Mature trees, woodland, hedgerows, and natural/semi natural grassland. (d) Moorland, peat areas, and wetland areas. (e) Designated areas of open space within urban areas. Design responses 3. Proposals should minimise the use of natural resources, increase self-sufficiency and lower carbon emissions. Development should, as a minimum and where feasible: (a) Promote energy efficiency and reduce the reliance on non-renewable sources of heat and energy through the layout, massing, choice of materials, and orientation of new buildings (Policy DM16). (b) Make use of low carbon materials and processes throughout the construction phase. Efforts should also be made to recycle existing materials found on site for the construction of new buildings/infrastructure including existing soil wherever possible. (c) Take opportunities to provide for on-site renewable energy production and/or storage in accordance with Policy DM03. (d) Adopt measures within building design to limit water usage, including the implementation of the optional technical standards for water efficiency in the Building Regulations. (e) Promote rainwater capture to recycle water and reduce pressure on the water supply. New homes should be equipped with a water butt with a capacity of at least 200 litres, to collect water from the main roof. The water butt should not be visible from the highway. Grey water harvesting in new flats or apartments will be negotiated on a case-by-case basis. (f) Provide electric vehicle and bicycle charging point infrastructure in accordance with Policy DM37. (g) Provide secure bicycle storage in accordance with Policy DM32. (h) Provide street trees unless there are clear justifiable and compelling reasons why this would be inappropriate. (i) Encouraging food production through the inclusion of community allotments in any new open space (Policy DM31) and promoting home grown produce in new residential schemes, as appropriate. 4. New development should be resilient in its design to help mitigate the effects of climate change. Appropriate measures include, but are not limited to, ensuring that: (a) Building layout, massing, orientation and detailing reduce the risk of general harm to residents and communities from high winds, heavy rainfall, drought, and extreme heat. (b) Proposals manage internal heat gain through design, layout, orientation and materials. Major development proposals should demonstrate through an energy strategy how they will reduce the potential for overheating and reliance on air conditioning systems in accordance with the following cooling hierarchy: i. Minimising internal heat generation through energy efficient design ii. Reducing the amount of heat entering a building in summer through orientation, shading, reflective surfaces, fenestration, insulation and green roofs and walls iii. Managing the heat within the building through exposed internal thermal mass and high ceilings iv. Passive ventilation v. Mechanical ventilation vi. Active cooling systems – ensuring that these are the lowest carbon options. (c) Vegetation, landscaping and open space throughout developments provide a benefit for wildlife, air quality, and health and wellbeing of residents. (d) The functionality of any flood storage capacity or drainage infrastructure is adequate to respond to projected climate change events (Policy DM02(b)). (e) The finished floor levels of all new buildings must be above flood water levels accounting for climate change (Policy DM02(a)).

Renewable heat and energy

1. The Council will support developments that make a positive contribution towards increasing levels of renewable and low carbon energy (RLC) generation, where the proposals are appropriate to their setting. 2. The Council will support the generation of heat and energy from renewable and low carbon sources, together with the storage of surplus electricity (including battery storage), where these proposals are: (a) Led by the local community or demonstrate clear evidence of local community involvement. (b) Meet the relevant national policy and guidance tests (c) Are appropriate to their setting and do not have an unacceptable impact on: i. The landscape and visual character of an area, either on their own or cumulatively (Policy DM10) ii. Ecological, biodiversity or geodiversity assets (Policy DM05) iii. Heritage assets and their settings (including archaeological remains) (Policy SP11) iv. Residential amenity 3. All proposals must be accompanied by appropriate supporting evidence which can include landscape, visual, noise and environmental assessments. 4. This supporting evidence must demonstrate that satisfactory mitigation measures can be employed to offset any potentially negative impacts that are identified, or that the positive benefits of the scheme outweigh these impacts. 6. Small scale turbines in the open countryside should be directly related to, and generate power principally for, the operation of a farmstead, other rural business or a local settlement. 7. Proposals for commercial wind turbine developments must: (a) Show evidence of consultation with local communities affected by the proposal. (b) Demonstrate that any planning impacts identified during the consultation process have been fully addressed. (c) Be in a location where the physical, environmental, technical and policy constraints do not make the site unsuitable. 8. Where planning permission is required, proposals will be supported where they: (a) Do not result in glare or dazzle to sensitive receptors in the surrounding area that cannot be adequately mitigated. (b) Do not have an adverse impact on landscape character or harm the historic environment. 9. Proposals for hydro-electric power generation will be supported where they: (a) Do not result in increased flood risk. (b) Are not detrimental to public amenity or safety. (c) Do not adversely affect biodiversity and landscape character or harm the historic environment. 10. Proposals for ground source heating and cooling should have regard to the requirements of the Environmental good practice guide for ground source heating and cooling (Environment Agency, 2017), its successor or equivalent. 11. Where planning permission is required proposals, including commercial schemes to exploit geothermal energy, will be supported where they: (a) Will not cause unacceptable harm to a designated heritage asset. (b) Do not compromise the use of an area of Local Green Space (Policy DM12) or open space (Policy DM31), including any non-designated sports pitches associated with educational facilities. (c) Do not compromise groundwater (Policy SP09). (d) Do not exceed a combined threshold of 42dB(A) above ambient noise levels at a distance equal to that separating the unit and a neighbouring property (Policy DM13). 12. Proposals for the use of biomass boilers in energy generation will be supported where the proposals adequately address: (a) The height and positioning of the exhaust flue relative to sensitive receptors in the surrounding area (Policy DM13). 13. Any anticipated odour effects arising from direct combustion or anaerobic digestion (e.g. gasification) (Policy DM13).

Towards net zero carbon

1. The design of all new developments should seek to reduce the extent and impacts of climate change. To help promote zero carbon development, proposals are encouraged to meet the highest technically feasible and financially viable standards and minimise their effects on climate change across the whole life cycle of the development. 2. Applicants are encouraged to incorporate small-scale renewable and low carbon energy generation into new developments where appropriate, feasible and viable. 3. Developments that include the following design measures will be considered favourably: (a) Make effective use of existing buildings and structures, including the recycling of materials, as appropriate. (b) Make use of materials with lower environmental impacts. (c) Passive design, which uses layout, fabric and form to reduce or remove mechanical cooling, heating and ventilation. (d) Reducing the need for artificial lighting, by employing measures that maximise sunlight and daylight and avoid overshadowing. (e) Greater energy efficiency, including sensitive energy efficiency improvements to existing buildings. 4. Developers are encouraged to seek to meet independently accredited energy and sustainability standards, such as the Passivhaus Standard and the BRE Home Quality Mark. 5. Non-residential developments, excluding conversions and extensions of less than 500m², are encouraged to achieve a minimum standard of BREEAM 'Excellent' (or any future national equivalent), where viability evidence indicates that this is feasible. 6. Proposals for renewable and low carbon energy generation will be supported in principle, where they meet the requirements of Policy DM03 and do not, either individually or cumulatively: (a) Cause unacceptable harm to the National Landscape or wider landscape character, the natural, historic or cultural environment, biodiversity, adjoining land uses and residential amenity. (b) Create conditions that have an adverse impact on highway safety, or the efficient operation of the highway network. 7. All proposals for renewable and low carbon energy should be supported by evidence that considers their impact on the wider environment. This assessment should be proportionate to the scale of the proposal, and the potential for any adverse or cumulative impacts. Appropriate measures must be taken to eliminate, or reduce to an acceptable level, any adverse impacts that are identified, prior to starting the construction and/or operational phases. 8. Where appropriate, planning applications should be accompanied by a satisfactory scheme to restore sites to at least their original condition when they have reached the end of their operational life.

Flood risk

Managing flood risk 1. The sequential and exceptions tests set out in the National Planning Practice Guidance, will be applied to direct development to areas with the lowest probability of flooding from all possible sources, taking into account: (a) The vulnerability of the type of development proposed. (b) Its contribution to creating sustainable communities. (c) Achieving the sustainability objectives of the Local Plan 2. Proposals for redevelopment within Flood Zones 2 or 3 should seek to eliminate, or reduce, the potential for flooding to occur, by demonstrating that consideration has been given to the: (a) Extent of any flood risk (b) Feasibility of options for the prevention or mitigation of flood risk 3. All major development proposals should be supported by the minimum level of information required by the Lead Local Flood Authority (Lancashire County Council) and other consultees, as appropriate. 4. Drainage should be considered at an early stage of the design process. Drainage infrastructure should be integrated as appropriate into the layout and form of the development. 5. Applications seeking to agree the layout of the site should include detailed drainage information. 6. The use of SuDS to store water and slow surface water flow should be prioritised and the use of impermeable surfaces avoided, wherever possible (Policy DM02(b)). 7. Development should not compromise existing structures, or any other features, which help to reduce the risk of fluvial flooding, or mitigate its impacts. 8. Natural flood management (NFM) schemes will be supported where there is evidence to show that they are safe and will help to slow the flow of storm water from upper catchments and that they do not undermine natural ecosystems, or conservation objectives. 9. To reduce the risk of flooding and enhance the contribution that watercourses make to our ecological network, the Council will normally: (a) Support the restoration of culverted watercourses to open channels. (b) Resist proposals to build over an existing culvert. (c) Resist proposals to culvert a watercourse, unless it can be demonstrated that there is no feasible alternative. Development and flood risk 10. Existing features, which contribute to the natural prevention of flooding and/or slow the flow of water should be retained and wherever possible enhanced through the development process. Where natural storage, including garden land, is lost applicants will be required to provide equivalent means of storage. 11. In flood risk areas, the layout of any development should include appropriate measures to provide routes that offer safe access and egress, taking into account climate change projections. Their design should be discussed with the Environment Agency and Lead Local Flood Authority at the earliest opportunity. Flood risk assessments 12. A site-specific flood risk assessment (FRA) should be submitted with any planning application for development that would: (a) Potentially increase the risk or impacts of flooding; and (b) Be located on: i. A site within Flood Zone 2 or 3. ii. A site identified by the Environment Agency

Biodiversity net gain

1. All development proposals should carry out an assessment of their potential impact on local ecology. Where an adverse impact is identified an ecological appraisal should be prepared. This appraisal should meet the requirements of the British Standard for Biodiversity (BS 42020: 2013) and be proportionate to the level of impact identified. 2. Where the presence of a protected species is suspected an Environmental Report should be submitted alongside the planning application. Any surveys should be carried out during the relevant optimal survey period. 3. Unless exempt all development proposals in Pendle must deliver an overall measurable net gain for biodiversity of at least 10%. Developments achieving on-site or borough-wide enhancements above 10% of the baseline conditions will be considered favourably. Habitat provision should respond positively to the objectives of the Lancashire Local Nature Recovery Strategy (LNRS) 4. Where a 10% net gain for biodiversity cannot be secured on-site, any off-site habitat provision should, where practicable, accord with the LNRS and be made within Pendle or one of the three National Character Areas present within the borough (Policy DM10). 5. Biodiversity Credits may also be accepted as a means of meeting policy requirements for Biodiversity Net Gain. Biodiversity Credits are a last resort in accordance with the mitigation hierarchy. 6. Development within a defined wildlife corridor will not be permitted where it would prejudice its character or purpose. 7. Where feasible to do so, developers will be required to align their biodiversity targets with those for other development sites close to their site. 8. Developers will be required to make long term arrangements for the maintenance and stewardship of habitats provided in response to Biodiversity Net Gain requirements.

Ecological networks

1. The Borough's existing ecological network consists of core habitat areas; wildlife corridors and stepping stones; and restoration areas; as defined on the Local Habitat Map for Lancashire. 2. Development proposals of all types should seek to avoid or mitigate any harm to, and where possible enhance, the ecological network having regard to the Lancashire Local Nature Recovery Strategy (LNRS). 3. Within the ecological network development proposals should: a. Preserve or enhance to priority habitats. b. Improve the connectivity of habitats, including restoration areas, to support the movement of mobile species and improve the resilience and function of the network. c. Minimise adverse impacts from pollution and disturbance.

Green infrastructure

1. The Green Infrastructure Network is defined on the policies map. The Council will seek to protect and enhance Pendle's green infrastructure assets. Where feasible, and appropriate to do so, the Council will seek to develop further connections between these assets (see Policy DM05). 2. Development proposals will normally be supported where they: (a) Make a positive contribution to the delivery of a high quality multi-functional green infrastructure network. (b) Address the needs identified in the Pendle Green Infrastructure Strategy. (c) Avoid or mitigate any significant harm to an existing green infrastructure asset or the wider green infrastructure network including disruption to, or severance of, a linear connection such as a public right of way or part of the ecological network. (d) Restore, enhance and/or make additional on-site green infrastructure provision. (e) Restore, enhance or create linkages to the wider green infrastructure network. (f) Remove obstructions to natural river processes. (g) Make a positive contribution to improving the physical health and wellbeing of the local and wider community (Policy SP12). (h) Incorporate improvements to biodiversity and the ecological network through the restoration, enhancement or creation of additional habitat. 3. The Council will not normally be responsible for the long-term management and/or maintenance of green infrastructure. Where appropriate, the Council will seek to secure contributions towards theses costs through planning obligations or legal agreements.

Trees and hedgerows

1. All development proposals should demonstrate that opportunities for the conservation, restoration, enhancement or planting of trees, woodland and hedgerows have been considered and incorporated, wherever practicable. 2. In accordance with principles of good design and help combat the effects of climate change, trees should be incorporated into the street scene. 3. Where trees and woodland could be affected by development, the submission of an Arboricultural Impact Assessment (AIA) and Arboricultural Method Statement (AMS) will be required. Reports should meet the requirements of British Standard (BS 5837:2012). 4. When granting planning permission, any condition requiring details of the trees to be retained and protected during site operations will be in accordance with the British Standard (BS 5837:2012). 5. Prior to commencement of any work on-site, applicants must demonstrate that any agreed protection measures are in place. 6. Any arboricultural works should be carried out in accordance with the British Standard (BS 3998:2010). 7. Buffer zones should be used to protect ancient woodland and individual ancient or veteran trees from any adverse impacts associated with development, including the construction phase. The size and type of the buffer zone will vary depending on the nature of the development: (a) Ancient woodland – a minimum of 15 metres to avoid root damage. As a precautionary principle a larger buffer zone should be considered to prevent adverse impacts on the woodland habitat from pollution and trampling. (b) Veteran trees – a minimum of 15 times the diameter of the tree, or 5 metres from the edge of the tree's canopy if that area is larger than 15 times the diameter of the tree. 8. Works to protected trees will only be granted consent where these would: (a) Not adversely affect the appearance of the tree and the contribution it makes to amenity. (b) Improve the health and/or amenity value of the tree. 9. Proposals resulting in the felling of ancient woodland or veteran trees to facilitate development will be refused unless wholly exceptional reasons exist, and an agreed compensation strategy can be provided. Where the felling of a protected tree is permitted, replacement planting will normally be required. This planting should take place in a location agreed with the Council and include appropriate species (see New and Replacement Planting below). 10. The proposed loss or damage of non-protected trees, woodland or hedgerows should be avoided. Assessment should be provided of its: (a) Health/condition (b) Amenity value (c) Public safety (d) Wider ecological value. 11. Where it can be shown that loss or damage is unavoidable, appropriate replacement or compensation will be required (see New and Replacement Planting below). 12. Proposals for the planting of new trees and hedgerows should include details of: (a) The planting proposals, including specifications and timings. (b) Implementation in accordance with the approved details. 13. The design and layout of new developments, both above and below ground, should ensure that any retained or new trees are able to grow and mature in the space provided. 14. The final size and shape of tree and shrub species should be considered in the design of any planting scheme, to ensure that there will not be future conflict with buildings and use of space. 15. Native species will normally be preferred, but particularly along boundaries with the open countryside and for large scale planting. 16. The use of hedgerows and trees, rather than fencing, to define the boundaries of a development, and any individual plots within it, is encouraged. This is particularly important where these share a border with the open countryside. 17. For each tree lost, the provision of two (2) replacement trees, or a minimum commuted sum payment of £500.00 (excluding VAT) per new tree will be required. This will form part of any biodiversity net gain requirement (see Policy DM04).

South Pennine Moors

1. Within Pendle the boundary of the South Pennine Moors Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC) and Special Protection Area (SPA) are coincidental. Within the SSSI boundary development not associated with the management of the SSSI, SAC or SPA will not be permitted. 2. Subject to the exemption tests set out in Article 6(4) of the Habitats Directive, any development which is likely to lead, directly or indirectly, to an adverse effect (either alone or in combination with other plans or projects) on the integrity of the SPA or SAC, which cannot be effectively mitigated, will not be permitted. 3. To mitigate adverse impacts on the SPA and SAC arising from an increase in the population, the following approach will be applied to all non-allocated residential developments within the Impact Risk Zone for the South Pennine Moors SSSI: • Zone A – Developments involving a net increase in dwellings will not be permitted unless, as an exception, it can be shown that the development and/or its use will not have an adverse impact on the integrity of the SPA or SAC. • Zone B – Residential development will be considered, where robust and up-to-date evidence shows that the proposed development will not affect a foraging habitat for qualifying species of the SPA. • Zone C – Where residential development results in a net increase of 10 or more dwellings, proposals must consider how the development may result in recreational pressures on the SPA or SAC, and how these can be effectively mitigated. 4. Measures to mitigate adverse impacts on the SPA and SAC arising from an increase in the local population can include: (a) On-site or off-site compensation in the form of Suitable Alternative Natural Greenspace (SANG) or other appropriate measures, including provision for long-term maintenance and management. (b) A financial contribution from the developer to fund: i. The provision of additional SANG areas, to deflect pressure from moorland habitats, including provision for long-term maintenance and management. ii. The implementation of access management measures to reduce the impact of visitors. iii. A programme of habitat management, including the subsequent monitoring and review of measures.

Open Countryside

1. Boundaries for each of the settlements listed in Policy SP02 are defined on the Policies Map. 2. Villages and hamlets without a defined settlement boundary are in the open countryside. 3. Outside a defined settlement boundary development will only be permitted where it: (a) Requires a countryside location for operational reasons – including, but not limited to, equestrian facilities (Policy DM46), Infrastructure (Policy SP13) and communications (Policy DM39). (b) Supports sustainable economic growth and business diversification – including support for tourism facilities and accommodation that accord with Policy DM45. (c) Meets an essential local housing need, including self-build and custom housebuilding – and complies with the exceptions set out in Policy DM23 or Policy DM27 (d) Secures the future of a designated or non-designated heritage asset that is substantially intact (Policy DM18). (e) Is a residential alteration, extension or conversion that is consistent with Policies DM24-DM26, where relevant. (f) Represents a design of exceptional quality that can be justified in a particular location. (g) Addresses a specific community or recreational need (see Policies DM31 and DM35). 4. New development will only be permitted where it retains or enhances the rural character of the area. It should not lead to the coalescence of settlements identified in Policy SP02, or any villages and hamlets in the open countryside. 5. Development within the Forest of Bowland National Landscape will also be assessed against Policy DM11. 6. Development within the Green Belt will also be assessed against Policy SP07.

Landscape character

1. Development proposals will be expected to respect and wherever possible enhance the landscape in which they are located. 2. Development proposals within the setting of the Forest of Bowland National Landscape, must not adversely affect the special qualities of the National Landscape (Policy DM11). 3. Where a development proposal is likely to affect landscape assets, or features in the environment, a landscape assessment should be carried out. 4. Where proposals are likely to have a significant visual or landscape impact the applicant will be expected to submit a Landscape and Visual Impact Assessment (LVIA). This should assess the impact of the proposed development and recommend the means by which any identified impacts can be mitigated. 5. Development proposals should ensure that: (a) The design and layout of the development is sympathetic to the distinctive character of the existing landscape through a combination of its siting (position), scale, massing, materials and appearance. (b) Any negative impacts should be mitigated by incorporating appropriate design solutions such as structural landscaping. 6. The following aspects of landscape character should be conserved and where possible enhanced through sensitive design or mitigation measures: (a) The locally distinctive pattern of natural features such as trees, hedgerows, woodland, field boundaries (including dry-stone walls, vaccary walls and gate posts), watercourses and water bodies. (b) The separate identity of settlements; their locally distinctive character and landscape settings. (c) The transition between man-made and natural landscapes at the urban fringe. (d) Visually sensitive skylines, geological and topographical features. (e) Landscape features of cultural and historic value. (f) Important views and vistas. (g) Tranquillity and the need to protect against intrusion from light pollution, noise, and motion.

Forest of Bowland National Landscape

1. The boundary of the Forest of Bowland National Landscape is identified on the Policies Map. 2. All development should be sustainable, consistent with the primary purpose of the National Landscape designation, and support its special qualities as set out in the most up to date Management Plan for the area. 3. Within the Forest of Bowland National Landscape, and its immediate setting, all proposals should address the capacity of the landscape and its ability to accommodate the development. Great weight will to be given to the conservation and enhancement of landscape character; the natural environment; wildlife; cultural heritage and the historic environment. 4. Major development will not be permitted unless exceptional circumstances exist, and it can be shown to be in the public interest. Consideration of such schemes will be assessed against the criteria set out in the NPPF. 5. The intimate nature of the landscape means that relatively small-scale development proposals may be significant, depending on the local context. Setting of the National Landscape 6. Development within the setting of the National Landscape, be sited and designed so any adverse effects on the special qualities of the Forest of Bowland National Landscape, as set out in the most up to date Management Plan are minimised and where possible eliminated.

Local Green Space

1. Sites designated as Local Green Space are listed in Appendix 8 and defined on the Policies Map. 2. The sites listed in Appendix 8 – and any Local Green Space sites designated in a subsequently adopted DPD or Neighbourhood Plan – will be protected from any development that causes harm to the demonstrably special characteristics of the site, as defined in the Statement of Significance. 3. Applications for development within designated Local Green Space will be determined in accordance with national planning policy relating to Green Belt.

Environmental Protection

1. Where required to do so by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, or a subsequent update, development proposals should be accompanied by an Environmental Impact Assessment (EIA), to demonstrate that all environmental considerations have been fully evaluated. Air Quality 2. Housing, or other environmentally sensitive development, will not normally be permitted in locations where existing levels of pollution (including dust and odour), from one or more sources, are unacceptable and there is no reasonable prospect that adequate mitigation measures can be put in place by the developer. 3. Development proposals should support improvements to air quality and seek to promote the use of sustainable transport. 4. Major development within 0.5km of an Air Quality Management Area (AQMA) will require an Air Quality Assessment to be submitted. The assessment should address: (a) Existing background levels of air pollution. (b) Existing sources of air pollution and the cumulative effect of planned developments. (c) The feasibility of mitigation measures to reduce any adverse impacts on air quality. 5. Where feasible, the provision of charging points for electric, ultra-low emission and hybrid vehicles (including bikes) should be incorporated into all new developments. This will also make a positive contribution towards achieving the Government's ambitious Net zero Carbon targets (Policy SP08). Lighting 6. Lighting schemes should be appropriate to the type of development and its location. Proposals for outdoor lighting should not have an unacceptable adverse impact by reason of light spillage or glare on neighbouring buildings or uses; the open countryside; highway safety; or biodiversity. 7. Where appropriate, a Light Impact Assessment should accompany a planning application. Noise and Vibration 8. Potential, or existing, noise and vibration levels within the vicinity of any new development must be at acceptable levels. As appropriate, attenuation against noise and vibration may be required. Construction 9. Appropriate measures should be taken to minimise and mitigate any adverse impacts arising from a development during the construction phase. This includes the potential to contaminate land, air, water, or soil quality. It includes a wide range of emissions including, but not limited to, smoke, fumes, gases, dust, steam, heat, energy, odour, noise, vibration and light.

Contaminated and unstable land

1. For proposals that may affect, or be affected by, contamination or land instability, applicants must submit a report investigating the extent to which these issues may impact on the proposed development; its future users; and the natural and built environment. A suitably qualified and experienced specialist must prepare the report. This requirement also applies to any redevelopment of a closed landfill site, or development on land within 250 metres of a landfill site, where there is the potential for the migration of methane or carbon dioxide gases. 2. Development will only be deemed acceptable where it can be demonstrated that any contamination or land instability issues can be appropriately mitigated against and remediated. 3. Where recorded coal mining features pose a potential risk to surface stability or public safety any issues that are identified must be resolved to the satisfaction of the Local Planning Authority in consultation with the Mining Remediation Authority. 4. Where remediation, treatment or mitigation works are considered necessary to make a site safe and stable and/or to protect wider public safety, a planning condition or obligation will be imposed to ensure that these are completed before development commences and maintained thereafter. Any future development on the site in question must not compromise any control measures that are installed. 5. Where development falls within a defined consultation zone, the Council will seek advice from the appropriate regulatory or statutory body. 6. Development must not result in groundwater pollution. Where the potential to release contaminants into the soil exists, during either the construction or operational phases of a development, applicants must address the relevant requirements of Policy SP09.

Soils, Minerals and Waste

1. Development must not contribute to the sterilisation, erosion, or degradation of soils or minerals deposits. Soils 2. Development proposals should avoid loss or disturbance to soils classified within Grades 1, 2 and 3a of the Agricultural Land Classification (ALC), which represent best and most versatile agricultural land. 3. Development proposals should avoid damage to peatlands. 4. Proposals affecting areas of Grade 3 agricultural land will require the submission of an Agricultural Land Quality Assessment. Minerals 5. Where they meet a proven need, and the proposal is practicable, viable and environmentally feasible the sustainable extraction of mineral resources prior to any non-mineral related development, in accordance with the Joint Lancashire Minerals and Waste Local Plan, will be supported. 6. Proposals within a Mineral Safeguarding Area must comply with the requirements of Policy M2 of the Joint Lancashire Minerals and Waste Local Plan 2013, its successor or equivalent. 7. All new development is encouraged to maximise the use of recycled and secondary materials where practicable before considering the use of primary materials (Policy DM01, Policy DM16 and Policy DM21). Waste 8. The waste hierarchy should inform waste management options. This seeks to prevent waste in the first place. Where waste is created, to protect the environment and reduce energy consumption, priority should be given to preparing it for re-use, then recycling, then recovery and lastly disposal.

Green Belt

1. The boundary of the Green Belt in Pendle is defined on the Policies Map. 2. Development in the Green Belt is considered inappropriate except where a proposal complies with the requirements of the NPPF (paragraphs 154 and 155). 3. Proposals for inappropriate development will only be approved where 'very special circumstances,' as set out in the NPPF, can be shown to exist. 4. Redevelopment or limited infilling at the Burnley Wastewater Treatment Works, which is associated with its continued use, will not be considered inappropriate development in the Green Belt subject to compliance with the provisions set out in the NPPF and provided that: (a) The height, massing and footprint of the buildings and structures within the facility maintain the general openness of the Green Belt. (b) It can be demonstrated that the proposals will have positive environmental benefits, particularly in relation to reducing traffic movements (Policy SP13) and the level of emissions (noise and odour) associated with the operation of the site (Policy DM13). (c) Mature vegetation along the site boundary and in areas surrounding the site is retained wherever possible and supported by an agreed landscaping scheme.

Water management

Water quality 1. Developers should ensure that water quality and groundwater resources are not compromised and, seek improvements to the aquatic environment in order to help achieve the objectives set out in the Water Framework Directive and River Basin Management Plan for the Ribble or Humber catchment, as applicable. 2. Where there is a potential risk of contamination, the use of infiltration-based systems may not be appropriate. 3. Groundwater Source Protection Zones will be protected from development that could compromise their integrity. Development proposals are expected to comply with the latest national guidance on groundwater protection. Where the groundwater environment or public water supply may be affected by a proposal a risk assessment will be required to fully understand the nature of any impact. 4. New development should employ sustainable drainage systems (SuDS) to intercept, attenuate and remove pollutants from surface water before it is discharged in accordance with the requirements of Policy DM02(b). Water supply infrastructure 5. Development in the vicinity of reservoirs and their associated infrastructure, which provide drinking water, or supply water to the Leeds and Liverpool Canal, should not compromise their physical integrity or effective maintenance. 6. To determine whether it is necessary to apply the sequential approach applicants should consult with the relevant water and sewerage undertaker to confirm the nature and extent of any flood risk from sewers or reservoirs. Wastewater 7. The Council will support development proposals where sufficient infrastructure capacity already exists; or extra capacity can be provided in time to serve the development. 8. New development must conform to the Planning Practice Guidance on water supply, wastewater and water quality. New development proposals should connect to the public sewer, wherever feasible. Where this is not possible applicants will need to provide sufficient information to understand the potential implications for the water environment. 9. Development at the Burnley Wastewater Treatment Works, which accords with the requirements of Policy SP07, will be supported. Water efficiency 10. Water is a scarce resource and should be re-used where practicable (see Policy DM01 and Policy DM16). To reduce pressure on the water supply and the need to abstract water from rivers, groundwater and other sources, new buildings should: (a) Be designed to be water efficient, in accordance with the optional standard for water efficiency set out in Part G of the Building Regulations, or any future national standards on water efficiency. (b) Seek to promote rainwater capture Flood risk 11. Development should be delivered in an environmentally sensitive way (Policy DM02(a)), which: (a) Limits flood risk through careful location, design and surface water management. (b) Does not increase flood risk elsewhere. (c) Seeks to locate or relocate critical infrastructure and highly vulnerable uses in areas that are not at significant risk of flooding. (d) Improves the flood resistance and resilience of premises in areas at significant risk of flooding. (e) Protects, maintains and secures flood management infrastructure.

Natural environment

1. All development should seek to create better places for people and wildlife. It should protect and enhance biodiversity and geodiversity by ensuring that: (a) Statutory and non-statutory sites are protected and enhanced. (b) A net gain for biodiversity is secured and long-term management agreements for new or existing habitats are put in place (Policy DM04). (c) The Lancashire Nature Recovery Network is protected, enhanced and wherever possible expanded. (d) The extent, multi-functional role and quality of the borough's green infrastructure network, and the connections to it, are positively addressed (Policy DM05). (e) Protected landscapes (Policy DM11) and valued landscape features (Policy DM10) are safeguarded. 2. All development proposals must: (a) Demonstrate that the mitigation hierarchy (i.e. avoid, mitigate, compensate) has been followed. (b) Avoid any negative impact on irreplaceable habitats such as: i. Ancient semi-natural woodland ii. Ancient and veteran trees iii. Upland peat bogs (c) Have a neutral or positive impact on air quality (Policy DM13) and water quality (Policy SP09). (d) Safeguard the established interest of a protected wildlife or geodiversity site, in accordance with the following criteria: Table SP10a Protected Sites Hierarchy / Site Designations: Criteria International Protection • Special Protection Area (SPA) • Special Area of Conservation (SAC) • Candidate SPA and SAC • Ramsar Wetland Statutory protection under the Wildlife & Countryside Act 1981 (as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019), which implements the Birds Directive, the Habitats Directive and the Ramsar Convention Development within the SPA/SAC will only be permitted where it is necessary for the management of the site, or there is an imperative reason of over-riding public interest and there is no alternative solution. Development elsewhere in the borough will be required to mitigate any adverse impacts on the SPA or SAC. National Protection • Site of Special Scientific Interest (SSSI) • National Nature Reserve (NNR) Statutory protection under The National Parks and Access to the Countryside Act 1949, The Wildlife & Countryside Act 1981 and The Countryside and Rights of Way Act 2000 Development will only be permitted where the benefits of the proposal clearly outweigh any negative impacts. Consideration will be given to the extent and significance of any damage to the special interest of the site and the broader network of SSSIs. Local Sites (Appendix 2) • Local Nature Reserves (LNR) • Biological Heritage Sites (BHS) • Local Geodiversity Sites

Heritage assets

1. The Council will support proposals which conserve, and where appropriate, enhance Pendle's historic environment in accordance with Policy SP11 and paragraph 196 of the NPPF. 2. Proposals that affect a heritage asset, or its setting, should be designed so that they conserve the historic environment, by: (a) Sustaining and enhancing the significance of the heritage asset. (b) Considering elements of built form, in particular scale, materials, and architectural detail. (c) Making a positive contribution to local character and distinctiveness. 3. Proposals affecting any part of the historic environment should be informed by an understanding of the site's context and heritage significance. 4. Proposals which may affect a heritage asset or its setting, must be accompanied by a heritage statement. The information provided in this statement should be proportionate to the significance of the heritage asset and the nature of the works proposed, but as a minimum must: (a) Explain how the proposal has considered the significance of any designated, non-designated heritage assets, or archaeological site, including any contribution made by their setting. (b) Evaluate any effect that the proposal would have on the significance of a heritage asset, and support the proposal by: i. Providing clear justification for any harm that would be caused. ii. Explaining how the mitigation of any harm has been fully considered. iii. Identifying any public benefits that would arise. (c) Demonstrate that the proposal has been informed by all available evidence, including the Historic Environment Record (HER) for the site. Where relevant, the Council's published Conservation Area Character Appraisals, should be referenced as should the Historic Town Survey Reports and Historic Landscape Character Reports and the Lancashire Landscape Character Assessment. Where the HER identifies the potential for the site to include assets of archaeological interest, the heritage statement should include a desk based archaeological assessment of the site and, where necessary, the results of an on-site survey. 5. Recognising the positive contribution that the heritage assets and the historic environment can make to supporting sustainable communities and promoting economic vitality, viable uses that are consistent with the conservation and enhancement of a heritage asset will be supported. 6. Where there is evidence of deliberate neglect of and/or damage to a heritage asset; to help justify a development proposal, the deteriorated state of that asset will be disregarded when determining applications. 7. When assessing proposals, the weight given to any harm or loss of significance, to a designated heritage asset will be assessed against the public benefits of the proposal (NPPF paragraphs 207-208). A balanced judgement will be taken for proposals which affect non-designated heritage assets having regard to the scale of harm, or loss, and significance of the asset. 8. Where following a balanced judgement it is accepted that harm to the significance heritage asset has been justified, appropriate provision must be made for the investigation,

Leeds and Liverpool Canal corridor

1. Development proposals which affect the Leeds and Liverpool Canal, or its setting should be of a high-quality design. They should fully reflect their context in terms of heritage, environment and infrastructure impacts by: (a) Integrating the waterway, towpath and canal environment into the public realm in terms of the design and management of the development. (b) Improving access to, along and from the waterway, which is part of the national Sustrans network and an active travel route (see Policy SP13 and Policy DM32). (c) Optimising views and natural surveillance of the canal. (d) Avoiding any adverse impact on the amenity of the canal by virtue of noise, odour or visual impact. (e) Maintaining the greenspace setting of the Canal, as appropriate. 2. Development proposals should conserve, enhance, and where appropriate, reinstate heritage assets that positively contribute to the historic character of the Leeds and Liverpool Canal corridor. This includes canal-related infrastructure such as bridges, locks, wharfs, warehouses and textile mills some of which are designated as heritage assets. 3. Any improvements necessary for a development to proceed, which arise from its canal side location, will be met by developers and secured through planning contributions (Policy SP14). 4. Applications for residential moorings will be supported where consistent with the requirements of this policy and where sites are: (a) Accessible to local shops, services, schools and healthcare facilities, by walking, cycling and public transport. (b) Are serviceable without harm to the natural environment, infrastructure capacity or quality. (c) Will conserve or enhance the special historical, cultural, ecological and recreational qualities of the Leeds and Liverpool Canal corridor. 5. In addition, applications for new marinas /offline moorings will be required to address: (a) The effect they will have on the landscape/townscape setting of the Canal Corridor. (b) The capacity and adequacy of existing infrastructure to accommodate the development, including the availability of sufficient water resources. (c) The effects caused by proposals on the integrity of the natural environment, green infrastructure network, and opportunities created for biodiversity.

Historic environment

1. The historic environment, including designated and non-designated heritage assets, must be conserved and, where possible, enhanced in a manner appropriate to its significance (Policy DM18). 2. Proposals affecting any part of the historic environment should be informed by an understanding of the site's context and heritage significance. 3. Proposals should explore opportunities to aid the promotion, understanding and interpretation of heritage assets as a means of reinforcing local distinctiveness maximising wider public benefits. 4. Recognising the positive contribution that heritage assets and the historic environment can make to supporting sustainable communities and promoting economic vitality, viable uses, which are consistent with the conservation and enhancement of a heritage asset, will be supported. 5. Development proposals should seek to retain features that help to establish the Borough's identity. Those making a positive contribution to the local character and distinctiveness of Pendle include: (a) Buildings constructed of natural sandstone and stone slates of traditional local vernacular. (b) Regular urban street pattern with distant views of the open countryside. (c) Cobbled streets and stone paving – i.e. natural stone setts and flags. (d) Textile mills and their associated infrastructure including north-light weaving sheds, engine houses, chimneys, mill lodges, leats and channelled watercourses. (e) Traditional shop frontages (Policy DM16) (f) Pre-industrial farming heritage of the 16th-18th centuries: including houses, barns and weavers' cottages. (g) The Leeds and Liverpool Canal corridor (Policy DM19), which is an important non-designated heritage asset and an integral part of the green infrastructure network. (h) Non-designated heritage assets (Policy DM18), particularly those reflecting the borough's industrial legacy, which could be under threat from loss.

Housing site allocations

1. In addition to the strategic housing site at Trough Laithe (Keld), between Nelson and Barrowford (Table AL01a), to help meet the housing requirement set out in Policy SP04 the sites listed in Table AL01b are allocated for housing. 2. The boundary of each housing site allocation is defined on the Policies Map. 3. Development proposals on allocated housing sites will be required to: (a) Meet the site-specific policy requirements, which follow the supporting text. (b) Address the design principles set out in Policy DM21 and any other relevant policies in the Pendle Local Plan, or a 'Made' Neighbourhood Plan. (c) The indicative distribution of housing development within each spatial area (Policy SP03). i. Support the re-use of previously developed land that is of low environmental value and well-served by public transport. ii. Contribute toward improved infrastructure provision (Policy SP14), including affordable housing (Policy DM23). 4. Flood risk from all sources should be considered from an early stage through the design process, ensuring that any potential risk is not increased or displaced (Policies SP09, DM02(a) and DM02(b)). 5. To help meet the borough-wide housing requirement, the sites listed in Table AL01c have been allocated in a 'made' Neighbourhood Plan. Development proposals should respond to the policy requirements set out in the relevant Neighbourhood Plan. 6. To help meet the requirements identified in Policy DM27 the following sites are allocated for self-build and custom housebuilding.

Trough Laithe, Nelson/Barrowford

1. The site is adequately connected to the highway network and is accessible by public transport, walking and cycling (Policy SP13). 2. Early engagement between the applicant and infrastructure providers is carried out to address any capacity issues and ensure the relevant physical and social infrastructure (e.g. utilities, open space, education etc.) is provided (Policy SP14). 3. Integrates surface water management measures into the design and layout of the scheme in consultation with the relevant statutory bodies (Policy DM02(b)). 4. A high-quality landscaping scheme is developed, incorporating and enhancing natural and environmental features, as appropriate, but particularly where they relate to wider landscape character or ecological considerations. 5. The development addresses any potential environmental impacts, including the need for Biodiversity Net Gain (Policy DM04). 6. The development will provide up to 20% affordable housing on-site unless an up-to-date viability assessment indicates that this cannot be delivered. 7. The development delivers high quality housing of the types, sizes and densities needed (Policy DM21 and Policy DM22).

Design and quality of housing

1. Residential development should make a positive contribution to the built and natural environment, and. Proposals should: (a) Promote the quality of place. (b) Take into account and complement the built and natural character and context of their surroundings. (c) Conserve and where possible enhance the historic environment (Policy SP11 and Policy DM18) (d) Avoid any unmitigated impacts on biodiversity, including protected sites and species, securing a net gain for biodiversity as required (Policy DM04). (e) Promote healthy and safe places, where appropriate adopting Secure by Design principles. (f) Protect the amenity and privacy of existing and future occupiers. (g) Enable active travel by linking to safe and attractive pedestrian and cycling infrastructure connecting with nearby green infrastructure (including formal open space provision), community facilities, school provision, public transport services, shops and sources of employment. (h) Avoid areas at high risk of flooding from all sources accounting for the effects of climate change (Policy DM02(a) and Policy DM02(b)). 2. New homes should be designed to make efficient use of land. The appropriate density for each development will vary depending on site specific material planning considerations as well as the application of policies in this Local Plan. Notwithstanding this, as a starting point, the Council would anticipate the following densities to be achieved (expressed in dwellings per hectare (dph)): • Town Centres and sites accessible to high quality public transport routes at least 50dph. • Areas within a defined settlement boundary and undeveloped sites on the edge of a defined settlement at least 30dph 3. New homes must be well designed and should be capable of being readily adapted to meet the needs of their occupiers. The design of new homes should: (a) Address local housing needs (Policies DM22 and DM23), in particular considering the needs of families, the disabled, and older people as evidenced in the Pendle Housing and Economic Development Needs Assessment 2023, its successor or equivalent. (b) Apply the design principles of this Plan (Policy DM16), with special regard given to guidance set out within the Pendle Design Principles SPD its successor or equivalent, and, where relevant, comply with the requirements of any adopted Design Code or site wide masterplan. (c) Meet the nationally prescribed space standards to ensure that homes have adequately sized rooms in response to local housing needs and provide convenient and efficient layouts that are functional and fit for purpose. (d) Meet the optional technical standards of Part M4(2) of the Building Regulations 2010, unless this is not possible for specific reasons such as vulnerability to flooding, site topography or other circumstances which make the site less suitable. (e) Employ sustainable design and construction methods which make effective use of recycled materials and low carbon materials where feasible (Policy DM15 and Policy DM16). (f) Address the need to adapt to and mitigate the effects of Climate Change incorporating design measures which help minimise the use of natural resources and promote energy efficiency (Policy DM15). (g) Avoid or minimise the use of non-permeable (or non-porous) surfaces within gardens and other external areas, which could contribute to increased surface water runoff and flooding (Policy DM02(b)). 4. To support the changing needs of occupiers over their lifetime, including people with disabilities, where practical and viable developers are encouraged to include a proportion of homes to meet the optional technical standards of Part M4(3) of the Building Regulations 2010.

Housing mix

1. All residential developments should provide a range of house types and sizes to help meet the housing needs of the local community. 2. The housing needs of the borough, in terms of tenure and size mix, are set out in Table DM22a. This profile should be used to inform the housing mix to be provided on residential sites during the plan period, unless superseded by an updated housing needs study, or an equivalent study informing a 'made' Neighbourhood Plan. 3. Significant departure from the housing mix identified in Table DM22a will be refused, unless adequate justification is provided. 4. Major developments are encouraged to deliver bungalows as part of their proposals. Bungalows will normally feature at least 2-bedrooms. 5. Apartments may be approved where they accord with Policy DM21. Apartment schemes should include family provision (2 bedrooms plus) where practicable. 6. House types and sizes should be arranged within development sites to avoid creating class divided communities and promote high quality design (see Policy DM16) taking account of any potential effects on the landscape, townscape and biodiversity.

Affordable housing

1. Proposals for residential development (Class C3) which meet the relevant thresholds outlined in Table DM23a will be required to contribute towards the provision of affordable housing. 2. The delivery of affordable housing is encouraged at all major development proposals. Increased weight in favour of a proposal will be applied where affordable housing in excess of the requirements outlined in Table DM23a is proposed. 3. The requirements of Table DM23a do not apply to plots made available for self-build, custom housebuilding or community-led housing (Policy DM27). 4. Where the relevant target cannot be met, a financial viability assessment will be required. The viability assessment will be reviewed by an independent third party, with costs reimbursed to the Council by the applicant. The viability assessment must show to the satisfaction of the Council that the affordable housing requirement cannot be delivered without compromising the viability of development, taking into account the wider benefits associated with the approval of the development. The failure to submit a viability assessment is likely to result in the refusal of the application. 5. Affordable housing should be provided on site and should: (a) Be designed so that it is indistinguishable in its appearance and quality of materials to market housing (tenure blind); and (b) Integrate effectively and featuring throughout the layout of the development, with proportionate provision provided through all phases of development. 6. A financial contribution equivalent to 20% affordable housing provision calculated using the metric in Appendix 3 will be required on sites of 5-9 dwellings located within the Forest of Bowland National Landscape. 7. Where the applicant can demonstrate to the satisfaction of the Council that the provision of affordable housing is not feasible on-site, the payment of a commuted sum will be required. This will be calculated in accordance with the metric set out in Appendix 3. This money will be used to fund the delivery of affordable housing within the same settlement as the proposal, or if not possible, the wider sub-area. 8. All affordable housing provided must be retained in perpetuity. 9. A minimum 75% of affordable homes should be affordable or social rent, unless: (a) Robust evidence strongly demonstrates local demand for a different tenure mix; or (b) An update of the Pendle HEDNA, or equivalent, indicates otherwise. 10. The size of affordable homes provided on site should be consistent with Policy DM22. 11. In principle agreements for the transfer and management of affordable homes provided on-site to Registered Providers should be secured prior to the submission of a planning application. 12. The development of affordable and entry level housing on a rural exception site will be supported where the development: (a) Addresses a genuine local need identified in a Parish Survey or Neighbourhood Plan; (b) Occupies a site no larger than 0.5 hectares, which is not already allocated for development, and adjoins, or is well related to, the settlement boundary of a Rural Service Centre or Rural Village; (c) Consists of 9 dwellings, or fewer; (d) Respects the character and setting of the settlement in terms of its siting, scale, types of dwellings provided, appearance, design and materials; (e) Conserves local landscape quality, the historic environment, and biodiversity; and (f) Offers access to local employment opportunities and services, using sustainable modes of transport. 13. In exceptional circumstances a proportion of market homes may be allowed on a rural exception site. In such circumstances the planning application must be accompanied by a detailed financial appraisal. This should: (a) Justify the need to include the proposed amount of market housing. (b) Demonstrate that the proposed amount of market housing is the minimum amount required to deliver an appropriate mix of affordable homes, whilst ensuring the overall viability of the scheme. 14. To avoid undermining the integrity of the policy, the total amount of market housing will be limited to no more than one third of the total number of residential units provided on-site. 15. An exception to policy may be permitted for the provision of community-led housing. Such proposals must: (a) Address a specific local housing need. This need must be identified in an up-to-date policy or evidence base document adopted by the Council including Neighbourhood Plans, and (b) Be of a scale that is appropriate to its location. 16. This exception will only be considered for the following designations: (a) Redundant community facilities (Policy DM35). (b) Open Space (Policy DM31) – provided that the development proposal can demonstrate: i. It does not create a deficiency of provision within that typology and is demonstrated not to be needed or ii. Alternative open space is provided which is of equal or greater value.

Residential extensions and alterations

1. Within defined settlement boundaries, proposals for residential extensions or alterations will be supported where: (a) The amenity and privacy of their occupiers and immediate neighbours is not unreasonably adversely affected by way of overlooking, loss of natural light, overshadowing, overbearing, noise, air pollution, odour, or contaminated land. (b) The proposal is consistent with Policy DM16 and relevant guidance relating to built-form, layout, appearance, and materials as set out in the Pendle Design Principles SPD, its successor or equivalent. (c) The proposal is proportionate to the original dwelling and plot size and is capable of integrating effectively into the wider street scene taking into account built-character, topography, and land uses. (d) The safety and operation of the highway and its users are protected. (e) Habitats for protected species, existing mature trees and hedgerows are safeguarded from development including during construction works. (f) Sufficient means of bin storage, cycle storage, off-road parking, domestic garden and/or yard space can be provided within the curtilage of the property; accounting for any increased need and without adversely affecting neighbouring uses. 2. Within the open countryside, in addition to point 1, proposals for household extensions and/or alterations will be supported where: (a) The original building remains the dominant element in terms of size and overall appearance. (b) The proposal would not have a detrimental impact on the original building, adjacent buildings or the wider area in terms of its scale, design, materials or visual impact. 3. Within the Forest of Bowland National Landscape, and in addition to points 1 and 2, proposals for household extensions and/or alterations will be supported where: (a) The proposal would safeguard the intrinsic beauty of the National Landscape. (b) Original features which contribute to the unique character and qualities of the National Landscape are maintained and where possible enhanced. (c) The proposal would not remove or reduce public access to or enjoyment of the National Landscape.

Residential conversions

1. Proposals for the conversion of existing buildings to residential uses within a designated settlement boundary will be supported where: (a) Any external alterations are in-keeping, and where possible enhance, the existing street scene. (b) Existing internal and external features of historical or architectural interest are conserved and where possible enhanced. (c) The proposal is compatible with and does not prejudice the continued operation of existing neighbouring uses. (d) The amenity (including access to natural light) and privacy of existing and future occupiers is safeguarded by the proposals. (e) Residential units are of a sufficient size to meet nationally prescribed space standards. (f) Residential units are fully serviceable, and benefit from access to private outdoor space (including private communal space) or are readily accessible to designated public open space. (g) Sufficient off-road parking is provided in accordance with the adopted Parking Standards (Policy DM37). (h) Secure cycle storage space is provided for each residential unit created. (i) Appropriate space, preferably screened from public view, is provided for the storage of waste and recycling bins. (j) The proposal accords with Policy DM41 (Protected Employment Areas) and Policy DM42 (Town Centres), and Policy DM31 (Open Space Sport and Recreation) where the site or premises were previously used for sports or recreation. 2. In addition to the above, proposals within the open countryside, Forest of Bowland National Landscape or Green Belt must comply with Policy DM26, Policy DM11 and Policy SP07 respectively. 3. Listed Building consent is required for proposals to convert Listed Buildings. A Heritage Statement will be required for proposals affecting the historic environment. Proposals affecting the historic environment must accord with Policy DM18 and where relevant Policy DM19. 4. A structural survey may be required where the existing building is in poor condition or has been vacant for a period of more than 6 months. Should ground works also be required, a Contaminated Land Assessment may also be required in accordance with Policy DM14.

Housing in the countryside

1. Development proposals for new housing outside of a defined settlement boundary will be supported where consistent with the following criteria. Barn Conversions and Redundant Buildings 2. Proposals for the conversion of redundant buildings for dwellings will be supported where: (a) The building is of permanent and substantial construction, structurally sound and can be converted with only minor alterations. (b) The design of the conversion respects any original or architecturally important features and is sympathetic to nearby buildings and/or the wider landscape. (c) The materials to be used are appropriate to their setting and are of high quality. (d) The proposal would not introduce ancillary features or infrastructure which would alter the prevailing rural character of the area. Extension or Alterations 3. Where proposals are consistent with the relevant requirements of Policy DM24. Replacement Buildings 4. Proposals for the replacement of permanent non-agricultural buildings for use as dwellings will be supported where: (a) The new building is not materially larger than the one it is replacing. (b) The new building will not adversely affect the rural character of the area taking into account its proposed design, scale, form and materials; and (c) There is no change in use. Dwellings of Exceptional Design 5. Proposals for the construction of new dwellings that are of exceptional design will be supported, particularly where evidence shows that the proposal: (a) Achieves carbon neutrality across its lifespan, including construction, operation/occupation and demolition. (b) Exhibits advancements in sustainable design and construction. (c) Integrates effectively into the wider open countryside, enhancing the character and quality of the built and natural environment. Agricultural and Forestry Worker's Dwellings 6. Dwellings for agricultural or forestry workers will be supported where evidence is submitted to show that: (a) There is a functional need for a permanent dwelling to support the agricultural or forestry activities in that location. (b) The need relates to a full-time worker, or a worker who is primarily employed, in agricultural or forestry activities. (c) There is no available dwelling on the holding or buildings suitable for conversion, or no suitable accommodation available in nearby settlements.

Self-build and custom housebuilding

1. Those sites allocated for self-build and custom housebuilding are defined on the Policies Map and identified in Policy AL01. 2. The provision of self-build or custom-build homes will be supported where: (a) The site is: i. Allocated through Policy AL01; ii. Suitable for housing and within a defined settlement boundary; or iii. Located outside but closely related to a defined settlement boundary and its development would not adversely affect settlement character, residential amenity, or access to recreation. (b) The proposal is for an occupier whom: i. Is resident within the borough; or ii. Has a local connection with the settlement or parish where development is to take place. 3. In all cases, proposals for self-build homes must: (a) Have regard to the relevant guidance contained within the Council's Design Principles Supplementary Planning Document, its successor or equivalent. (b) Assimilate effectively into the wider existing built and/or natural environment. (c) Adopt building efficiency and construction measures to minimise resource usage. 4. Proposals for market housing, delivering 50 dwellings or more, will be expected to promote self-build and custom housebuilding. A minimum of 5% of all new homes provided on these sites will be required for self-build. Self-build plots should: (a) Be grouped to a single location of the development site accounting for site safety, access and phasing of construction. (b) Made available for disposal prior to the full occupation of the wider approved scheme. (c) marketed for a minimum period of 6 months before reverting to market housing subject to written approval of the Local Planning Authority. (d) fully serviced and integrated into the wider approved landscaping, drainage, highways and biodiversity schemes for the development; and (e) The position, size and pallet of materials of any self-build homes, must be consistent and compatible with approved plans for the wider development, including site drainage, highways, biodiversity, and landscaping.

Specialist housing

1. Proposals for communal living schemes will be supported where they meet an identified housing need. 2. Where appropriate a facility management plan should be submitted with the planning application and will be secured through a Section 106 agreement. The management plan, should demonstrate how the development will: (a) Positively integrate into the surrounding community; and (b) Be managed and maintained to ensure the continued quality of the accommodation, communal facilities and services. 3. The diverse housing needs of people in the borough will be supported by delivering specialist forms of residential accommodation across all tenures. The Council will support new development proposals where they as relevant: (a) Adapt or extend existing residential properties to meet the needs of older people and those with disabilities. (b) Incorporate dementia friendly design principles to improve cognitive accessibility (see Policy DM30). (c) Are situated within a defined settlement boundary, in a location that is well-connected to local services, community and support facilities, and shops by walking, cycling and public transport, enabling residents to live independently as part of the community. (d) Are compatible with neighbouring land-uses and contribute to a mixed and inclusive locality by meeting an identified local need. (e) Provide sufficient off-street parking for staff, visitors, and where relevant residents (including suitable pick-up and drop-off facilities close to the principal entrance for taxis, minibuses and ambulances). (f) Include areas of open space for the exclusive use of residents and visitors. (g) Are on sites allocated in Policy AL01 or an adopted Neighbourhood Plan where this would provide a sustainable development. 4. In the interest of maintaining a balanced housing mix and preserving residential amenity, approval will not normally be granted for a new HMO where it would: (a) Result in HMOs representing more than 10% of the housing stock within a 75-metre radius of proposed development, except in exceptional circumstances. (b) Would result in any residential property (C3 use) being situated between two HMOs. This does not apply where the properties are separated by an intersecting highway (a minimum of two lanes), or where properties have a back-to-back relationship in different streets. 5. Notwithstanding the threshold limit and exceptional circumstances, other material considerations (such as intensification of use, highway safety, residential amenity of future and existing occupiers) arising from the impact of the proposal will be assessed in accordance with relevant Local Plan policies and guidance. 6. Bedrooms in houses of multiple occupation (HMO) granted a licence under Part 2 of the Housing Act 2004 must, as a minimum, meet the space requirements set out in (Appendix 4). When determining the area of the room, any parts where the height of the ceiling is less than 1.5 metres will not be considered. 7. Purpose built student accommodation will be supported where it can be demonstrated that: (a) The proposal responds to an existing identified need. (b) The proposed responds to an increase in full-time students, arising from the provision of additional academic and/or administrative floorspace taking place within Pendle or the wider Functional Economic Market Area. (c) Occupation is restricted to individuals in full-time education on courses of one, or more, academic years. (d) There is no unacceptable impact on amenity for local residents.

Gypsy, traveller and travelling showpeople community

1. Planning permission for residential pitches will be granted for gypsy, traveller and travelling showpeople where the Council is satisfied that the following criteria have been met: (a) The proposal is responsive to a genuine need arising within the borough. (b) Sites make efficient use of land without resulting in overcrowding. (c) Sites respect areas of high conservation and ecological value. (d) Sites do not harm the historic environment. (e) Sites are compatible with established neighbouring uses safeguarding the health and wellbeing of their occupiers. (f) Sites do not compromise the purpose or function of the Green Belt and protects the rural and tranquil character of the open countryside. (g) Sites are accessible to local shops, services, schools and healthcare facilities by walking, cycling and public transport. (h) Sites are acceptable in respect of vehicular access, parking and services. (i) Sites are not located in Flood Zones 2, 3a or 3b, and are not subject to a high risk of flooding from other sources. 2. Residential pitches must be adequately serviced with electricity, water and wastewater supply provided. Each pitch should feature enclosed waste storage space. Sufficient turning space should be provided within sites to allow for entry and exit by refuse vehicles in forward gear. 3. Means of site security and/or boundary treatments must not obstruct safe access to and from the highway.

Land at former Riverside Mill, Reedyford Road, Nelson

1. The site has capacity for around 140 dwellings. A broad mix of dwelling types and sizes should be provided at the site. The provision of affordable homes at the site is encouraged. At least 5% of new homes should be made available for self-build or custom housebuilding in accordance with the requirements of Policy DM27. 2. Assessment will be required of the potential effects of neighbouring commercial uses located adjacent to the site on the amenity of future residents (i.e. due to noise, vibration, air pollution, odour etc.), with sufficient mitigation measures incorporated into the design of the development to ensure there are no unacceptable effects on health or wellbeing. 3. North-South and East-West pedestrian/cycle links should be provided through the site to enhance local connectivity and encourage travel by foot and bicycle. The development should not enable vehicle access between Reedyford Road, Charles Street and Crawford Street. 4. Subject to investigation, the Mill Chimney should be retained and incorporated into the design and layout of the development. 5. The course of Walverden Water should form the focus of Open Space and ecological enhancements provided as part of the development. Opportunities should be taken to de-culvert this watercourse wherever possible. 6. New dwellings should not be located within eight metre easement either side of Walverden Water, or within parts of the site confirmed as being at risk of flooding in accordance with the findings set out in the Council's Strategic Flood Risk Assessment, or detailed modelling by a suitably qualified flood risk consultant. 7. Prior to the construction of any new buildings, comprehensive and safe remediation of the site is required informed by detailed site investigation submitted to and approved by the Council a Construction Method Statement will be required confirming how contaminated materials will be stored and removed from the site.

Former Railway Sidings, Railway Street, Brierfield

1. The site has capacity for around 50 dwellings. A broad mix of dwelling types and sizes should be provided at the site, though a higher density development would be suitable depending on effects on amenity. The provision of affordable homes at the site is encouraged. 2. Vehicle access should be obtained from Railway Street to the north. 3. Opportunities to promote pedestrian and bicycle connectivity with the Sackville Street Playground and MUGA located to the east should be explored. 4. Assessment will be required of the potential effects of railway operations on future occupiers by way of noise and air pollution as well as vibration, with sufficient mitigation measures incorporated into the design of the development to ensure there are no unacceptable adverse effects on the health or wellbeing for future site occupiers. 5. Existing trees should be retained and protected from construction works particularly where they contribute to protecting residential amenity. A tree survey should be undertaken to assess the quality of existing trees on the site. Any trees lost should be replaced in accordance with Policy DM07. 6. An 8m easement either side of Sefton Brook which flows east-west through the site in a culvert will need to be kept free from housing development. Proposals should ensure that the structural integrity of this culverted watercourse is at all times safeguarded during the construction process. 7. Prior to the construction of any new buildings, comprehensive and safe remediation of the site is required informed by detailed site investigation submitted to and approved by the Council. A Construction Method Statement will be required confirming how contaminated materials will be stored and removed from the site.

Former Mansfield High School, Brierfield

1. The site has capacity for around 60 dwellings. A broad mix of dwelling types and sizes should be provided on site. The provision of affordable housing on site is encouraged. 2. New dwellings should positively address existing road frontages as far as possible. The scale and density of the development should be in broad accordance with surrounding built form. 3. Existing trees located along the boundaries of the site should be retained and incorporated into the layout of the development. 4. Care must be taken through the design and construction of the development to avoid damage to the existing culvert which crosses east-west through the site. Investigation of the route and condition of this culvert may be required to avoid increased flood risk, to maintain the structural integrity of buildings and infrastructure and to minimise any risk to the public. An 8m easement either side of the culvert will need to be kept free from housing development. Alternatively the culvert could be restored to an open channel. 5. A ground investigation is required to survey the potential for underground mine workings on site. The findings of this assessment must inform the capacity, layout and form of the development. 6. The development must incorporate sufficient drainage capacity applying the SuDS Hierarchy to respond to periodic surface water flooding accounting for the effects of Climate Change. Open space could be included as part of this drainage infrastructure where suitable.

Brook Shed, Earby

1. The site has capacity for around 50 dwellings. A broad mix of dwelling types and sizes should be provided on site. At least 5% of new homes should be affordable housing. The development of apartments as a proportion of dwellings provision at this site may be suitable. 2. Vehicle access is to be taken from New Road. 3. It must be demonstrated how the proposal responds to the character and qualities of the local built environment, including the Earby Conservation Area. 4. New Cut should form the focus of open space and ecological enhancement measures provided as a part of the development. 5. Development must avoid areas of the site confirmed to be within Flood Zone 2/3 as set out in the Pendle Level 2 SFRA, or detailed modelling by a suitably qualified flood risk consultant. 6. Prior to the construction of any new dwelling, comprehensive and safe remediation of the site is required to address any ground contamination resulting from the site's former use. A Construction Method Statement will be required confirmed how contaminated materials will be stored and removed from the site.

Land South of Colne Water, Cotton Tree Lane, Colne

1. The site has capacity for around 50 dwellings. A broad mix of dwelling types and sizes should be provided on Site. The provision of affordable housing is encouraged. At least 5% of new homes should be made available for self-build or custom housebuilding in accordance with the requirements of Policy DM27. 2. The existing open frontage of the site adjacent to Colne Water should be kept free from development to maintain the character of the site when viewed from Cotton Tree Lane. 3. Prior to the construction of any new dwellings on site, a structural survey of the existing bridge over Colne Water should be undertaken to understand its long-term structural integrity and its suitability as the principle point of access into the development site (during construction and through the site's long-term occupation). 4. Prior to the construction of any new dwellings, comprehensive and safe remediation of the site is required informed by detailed site investigation submitted to and approved by the Council. A Construction Method Statement will be required confirming how contaminated and waste materials will be stored and removed from the site. 5. The development must not result in any existing or proposed properties being at unacceptable risk of flooding from any sources. Surface water flooding should be managed within the site, with a greenfield run-off rate for surface water discharge into Colne Water. Means of treatment of surface water should be provided within the drainage system provided on site to avoid the polluting of Colne Water. A permanently dry means of accessing the site should be provided. 6. Prior to construction of any new dwellings, detailed investigation is required relating to the structural integrity of the riverbank of Colne Water for its risk of future collapse or erosion. Any works required in response should not be a barrier to natural river processes, result in adverse effects for biodiversity, or obstruct recreation use and access to the river. New dwellings must be sufficiently offset from the riverbank to ensure that they are no at regular risk of flooding, do not pollute the watercourse, or are at risk from collapse as a result of future erosion. 7. The development should preserve the role of Colne Water within the local Green Infrastructure network. 8. A footpath link connecting the site with the existing footpath network along Colne Water should be provided. This link should promote accessibility for all members of the community.

Land at former Barnsey Shed, Long Ing Lane, Barnoldswick

1. The site has capacity for around 128 dwellings. A broad mix of dwelling types and sizes should be provided on Site. At least 5% of new homes should be affordable housing in accordance with Policy DM23. A further 5% of new homes should be made available for self-build or custom housebuilding in accordance with the requirements of Policy DM27. 2. Vehicular access is to be taken from Long Ing Lane. The Development should provide pedestrian connectivity with the Leeds and Liverpool Canal Towpath and wider footpath network. 3. New dwellings should be of a high-quality design and appearance, with the scale and density of development consistent with the site's edge of settlement location. New dwellings should positively address the Leeds and Liverpool Canal. The development should enhance the setting of Barnoldswick. 4. The effects of neighbouring commercial uses on future residents of the site will need to be assessed with appropriate mitigation measures implemented through the design and layout of the development. 5. Prior to construction comprehensive and safe remediation of the site is required. This should be informed by a detailed site investigation submitted to and approved by the Council. A Construction Method Statement will be required confirming how contaminated and waste materials will be stored and removed from the site. 6. New dwellings should be sufficiently offset from the Leeds and Liverpool Canal to retain its structural integrity. This offset should be used effectively to enhance the Leeds and Liverpool Canal as a green corridor and support its role for biodiversity. 7. A landscaping scheme is required which provides effective management and enhancement of the site's boundaries, inclusive of the offset to the Leeds and Liverpool Canal. 8. A sufficient drainage scheme, prioritising the use of SuDS, should be incorporated through the design and layout of the proposal, securing greenfield runoff rate with sufficient allowance made to account for the predicted effects of climate change.

Land at Giles Street, Nelson

1. The site has capacity for around 45 dwellings. The site could accommodate a range of dwelling types and sizes and may be suitable to address specialised housing need. The delivery of affordable housing on site is supported. 2. Subject to effects of adjacent uses and users, the site represents a suitable location for a high-density development. 3. The development should provide for quality new housing which enhances the local built environment. 4. Development should promote surveillance of existing spaces, and as far as possible positively address existing major roads. 5. The effects of neighbouring commercial uses on future residents of the site will need to be assessed with appropriate mitigation measures implemented through the design and layout of the development. 6. Subject to confirmation through detailed site modelling, attenuation storage may be required on site to minimise the potential of flooding and mitigate the effects of climate change.

Land at former LCC Depot, Halifax Road, Brierfield

1. The site has capacity for approximately 9 dwellings. A broad mix of dwelling types and sizes is encouraged at the site. 2. New dwellings should be consistent with the scale and density of adjacent development. 3. Access is to be taken from Halifax Road. 4. A Tree Survey confirming the quality and health of existing trees on site is required. As far as possible existing trees Categorised as A and B should be retained and incorporated into the layout and design of the Development. 5. Prior to the construction of any new dwelling, comprehensive and safe remediation of the site is required to sufficiently address any ground contamination resulting from the site's former use. A Construction Method Statement will be required confirming how contaminated materials will be stored and removed from the site.

Land off Barkerhouse Road, Nelson

1. The site has capacity for around 12 dwellings. A broad mix of dwelling types and sizes is supported at the site. 2. Proposals should ensure safe and sufficient access and egress accounting for on-street parking and vehicle speeds. 3. Any estate road serving the development should avoid direct access onto Barkerhouse Road. 4. The proposal should not interfere with the existing bus stop on Barkerhouse Road. 5. The scale and type of housing provided should be harmonious with adjacent development. 6. The size, spacing, and orientation of proposed dwellings must not result in unacceptable adverse effects on the amenity of existing or new residents. 7. New dwellings should positively address Barkerhouse Road where possible.

Settlement Hierarchy

1. Settlement boundaries are defined on the Policies Map. Within a settlement boundary there is a presumption in favour of sustainable development. Proposals will be supported where they: (a) Are of a nature and scale that is proportionate to the role and function of the settlement. (b) Re-use vacant buildings or previously developed land that is not of high environmental value, subject to complying with other Development Plan policies. (c) Are a site-specific allocation within a document that forms part of the Development Plan to meet future needs or support growth (Policy SP03). 2. The following villages and hamlets do not have a defined settlement boundary and are situated within the open countryside (see Policy DM09). • Bracewell • Winewall • Wycoller 4. Outside a defined settlement development will only be permitted for exceptions to Policy DM09 that are identified in the NPPF, an adopted development plan document, or a made neighbourhood plan, or that are in accordance with Policy SP04 part 5 when the Council is unable to demonstrate a five year housing land supply. 5. The selection of sites for development or allocation should ensure that land and other resources are used effectively (Policy DM21).

Distribution of development

1. Over the plan period new development will be focussed on the larger and more sustainable settlements of Pendle. In support of this approach, the following pattern of development will be maintained: • M65 Corridor Urban Area – Approximately 70% of net delivery. • West Craven Sub Area – Approximately 20% of net delivery. • M65 Corridor Rural Area – Approximately 10% of net delivery. 2. New housing will be distributed in accordance with the role of each settlement (Policy SP02). The site allocations in Policy AL01 and Policy AL02 are in broad alignment with this strategy and address any residual needs not already met by development that has been completed since the start of the plan period, committed supply or windfall development.

Housing requirement and delivery

1. Over the plan period (2021-2040), provision will be made to deliver a minimum of 2,812 net dwellings, equating to a net average of 148 dwellings per annum. 2. The housing requirement will be delivered in accordance with the defined spatial strategy (Policy SP02) and spatial distribution (Policy SP03). 3. The housing requirement will be delivered by: (a) Sites under construction or with extant planning permission. (b) New homes completed at the Trough Laithe Strategic Housing Site (see Policy AL01). (c) Specific sites allocated through Policy AL01. (d) Sites allocated for housing in a 'made' Neighbourhood Plan. (e) Sites identified on the Council's Brownfield Land Register and other unallocated sites at locations suitable for housing development within a defined settlement boundary (windfall sites). 4. The supply and delivery of housing will be monitored through the publication of the Council's Authority Monitoring Report and the Government's Housing Delivery Test. If the Housing Delivery Test demonstrates a shortfall in new home provision, the Council will: (a) Work with developers to identify, address, and overcome any barriers to the delivery of housing. (b) Where required, prepare an Action Plan setting out measures to increase housing delivery. (c) Apply the presumption in favour of sustainable development as required in accordance with the National Planning Policy Framework. 5. The Council will maintain a supply of specific deliverable sites sufficient to provide a minimum of five-years' worth of housing against the annual requirement for 148 dwellings with an additional buffer as set out in the NPPF. Where this cannot be demonstrated, the presumption in favour of sustainable development will apply. In these circumstances proposals should continue to accord with the settlement hierarchy (Policy SP02) and spatial distribution (Policy SP03), and represent a proportionate response to the scale of the identified shortfall in supply

Digital and electronic communications

All Development 1. Developments should not cause significant or unavoidable interference with other digital or electrical equipment; air traffic services; or instrumentation operated in the national interest. Any interference will be assessed against the importance and wider need for the development. Network Enhancement 2. Proposals to enhance network coverage, including the provision of backhaul connections will normally be supported, provided that their impact on the environment is proportionate and acceptable. 3. When considering applications for the development of digital and electronic communications, the Council will have regard to the operational requirements of the network and the technical limitations of the technology. Infrastructure Requirements 4. The installation of new equipment and any supporting structures will normally be permitted provided that the application, where applicable: (a) Offers a reasoned justification for the development, including evidence of local need. (b) Demonstrates that mast or site sharing is not feasible and that the apparatus cannot be sited on an existing building, or other appropriate structure, where this represents the preferable environmental solution. (c) Demonstrates that any new apparatus is necessary and is compliant with the International Commission guidelines on Non-Ionising Radiation Protection (ICNIRP) on the limitation of the exposure of the general public to electromagnetic fields. (d) Accords with the requirements of Policy SP11 and Policy DM18 in respect of the historic environment and heritage assets; and does not cause unacceptable harm to visual amenity, areas of ecological or geodiversity interest (Policy SP10), areas of landscape importance (Policy DM10 and Policy DM11), or examples of the best and most versatile agricultural land (Policy DM15). (e) Shows that the proposal minimises any adverse impacts on the environment and that the impact is acceptable. (f) Provides appropriate mitigation, where adverse impacts cannot be avoided. To avoid causing unacceptable harm to the character and appearance of the surrounding area and/or the external appearance of the building or structure to which it will be attached, proposals should: i. Seek to share a mast, cabinet or other existing infrastructure wherever possible, or state why this may not be appropriate. ii. Minimise the size and scale of any new apparatus. iii. Use appropriate colours to camouflage any new apparatus. (g) Considers the future demand for network development, including that of other operators. (h) Makes provision to ensure that equipment which has become obsolete, or is no longer in use, is removed as soon as practicable and the site restored to its former condition.

Surface Water and Foul Water Management

1. Where appropriate, applications should be supported by a strategy for foul and surface water management. Any discharge should employ the most sustainable drainage option, in the following order of priority: (a) Controlled at source and re-used, wherever possible. (b) Into the ground (infiltration). (c) To a surface water body. (d) To a surface water sewer, highway drain or another drainage system. (e) To a combined sewer. 2. Applicants wishing to discharge into a public sewer must submit clear evidence to demonstrate why alternative options are inappropriate. The right to connect surface water runoff to public sewers is conditional upon a drainage system being approved before any construction work can start. 3. Development proposals must, where applicable: (a) Respond to the hydrological characteristics of the site to ensure that flood water is not deflected or constricted (Policy DM01). (b) Address how surface water is to be managed during the construction phase(s) of the development. (c) Manage surface water close to its source and on the surface where reasonably practicable to do so. (d) Prioritise the use of sustainable drainage systems (SuDS) in the final design, unless it can be demonstrated that they are not technically feasible or viable. Multifunctional above ground SuDS should be prioritised and designed to adoptable standards. (e) Minimise the use of impermeable surfaces. (f) Include an acceptable maintenance and management regime for any surface water drainage schemes, which should: i. Ensure sufficient right of access for future maintenance of any open or culverted watercourses, SuDS components and surface water discharge points. ii. Identify who will be responsible for future maintenance of any open or culverted watercourses, SuDS components and surface water discharge points upon completion of the development. 4. SuDS should be designed in accordance with guidance in the SuDS Manual (2015) and the Department for Environment, Food and Rural Affairs technical standards (2015) or any future replacements. (a) On Greenfield sites the peak run-off rate and the run-off volume must not exceed the existing greenfield rates for the same rainfall event including an allowance for climate change and changes in the impermeable area over the design life of the development (urban creep). (b) On previously developed (Brownfield) land, the peak run-off rate and run-off volume should not exceed the greenfield rates for the same rainfall event, including an appropriate allowance for climate change. Where this cannot be achieved a reduction as close to greenfield rates as reasonably practicable must be targeted, with a minimum requirement for a reduction of 30% allowing for climate change. A 10% allowance for urban creep must also be applied unless this results in an impermeable area greater than 100%. 5. The provision of green infrastructure to assist with flood mitigation will be supported in line with Policies DM06 and DM31. 6. Overland flood water exceedance routes must be designed and managed in a way that reduces the risk to people and property. 7. Applicants must demonstrate that the life-time sustainability of the proposed drainage measures and components has been considered, accounting for the likely impacts of climate change and urban creep. Appropriate allowances should be applied in each case. 8. Long term arrangements for the maintenance of drainage measures provided on site will be secured through a signed legal agreement

Infrastructure and developer contributions

1. To ensure that new development is acceptable in planning terms, it will only be permitted where: (a) Adequate infrastructure to serve the proposed development can be shown to exist, without prejudicing existing users or later phases; or (b) Any shortfall in the capacity of the existing infrastructure can be enhanced to serve the needs of existing users and the proposed development; or (c) New infrastructure can be provided to meet the additional needs generated by the proposed development, either as part of the development or by making a financial contribution that covers the cost of providing the infrastructure required. 2. Where necessary and appropriate developer contributions will be secured through legal agreement to: (a) Secure new or improved services, facilities and infrastructure including, but not limited to, open space, sports, education, transport or utilities. (b) Support affordable housing provision as set-out in Policy DM23. (c) Fund long-term monitoring associated with the implementation of Travel Plans (Policy SP13). (d) Long-term maintenance of new infrastructure, where justified. 3. Developments may be phased to coincide with the funding and delivery of supporting infrastructure. Where it is necessary to coordinate development with the delivery of infrastructure improvements, applicants should submit a comprehensive infrastructure strategy to show how the wider site will be brought forward in a co-ordinated manner. 4. It is the responsibility of the applicant to justify the need for any review of viability at the application stage. Claims will be verified using an open book financial appraisal by an independent third party, prior to the submission of a planning application. The cost is to be met by the applicant. 5. The charging mechanisms by which developer contributions are achieved will be kept under review. If national policy and/or evidence show that economic viability in the borough has improved, the introduction of CIL (or a subsequent charging mechanism), to support wider infrastructure delivery in the area, may be introduced.

Equestrian development

1. Equestrian development should take account of ecology, historical and agricultural interests as a design consideration ensuring no unacceptable harm or adverse effects. 2. The development of equestrian facilities including private stables, tack rooms and hay stores will be permitted where the proposal: (a) Is in close proximity to the established highway and bridleway networks; (b) Is well related to buildings of a permanent nature; (c) Is of an appropriate size and scale, relative to its intended use and the fields concerned; (d) Minimises visual impact and does not adversely affect the landscape by means of location, siting, scale, appearance and design (including external materials, landscaping and boundary treatments); (e) Makes best use of existing infrastructure by using existing vehicular and field access tracks, bridleways, utilities and buildings; (f) Includes a pasture management plan and keeps ancillary development (manèges, storage facilities, hard standing, access tracks, exercise pens etc.) to the minimum necessary; and (g) Would not result in an intensification of use that could: i. Harm the character of the open countryside by reason of cumulative impact; ii. Create a hazard for highway users; iii. Lead to the deterioration of the bridleway network; iv. Impact on the openness of the Green Belt, or conflict with the purposes of including land within it; v. Adversely affect the amenity of neighbouring properties and the wider area by reason of noise, odour, overlooking, or other general disturbance. 3. In accordance with Policy DM13, applications to install floodlighting will not be approved where light pollution is

Equestrian facilities

2. The development of equestrian facilities including private stables, tack rooms and hay stores will be permitted where the proposal: (a) Is in close proximity to the established highway and bridleway networks; (b) Is well related to buildings of a permanent nature; (c) Is of an appropriate size and scale, relative to its intended use and the fields concerned; (d) Minimises visual impact and does not adversely affect the landscape by means of location, siting, scale, appearance and design (including external materials, landscaping and boundary treatments); (e) Makes best use of existing infrastructure by using existing vehicular and field access tracks, bridleways, utilities and buildings; (f) Includes a pasture management plan and keeps ancillary development (manèges, storage facilities, hard standing, access tracks, exercise pens etc.) to the minimum necessary; and (g) Would not result in an intensification of use that could: i. Harm the character of the open countryside by reason of cumulative impact; ii. Create a hazard for highway users; iii. Lead to the deterioration of the bridleway network; iv. Impact on the openness of the Green Belt, or conflict with the purposes of including land within it; v. Adversely affect the amenity of neighbouring properties and the wider area by reason of noise, odour, overlooking, or other general disturbance.

Spatial strategy

1. The settlement hierarchy and the role of individual settlements in accommodating future growth and development, is set out in Table SP02a below. Table SP02a Settlement Hierarchy Tier - Role - Settlements 1. Main Towns - Provide the focus for future growth and will accommodate most new development. - Barnoldswick, Colne, Nelson 2. Local Service Centres - Play a supporting role to the Main Towns, with new development serving a localised catchment. - Barrowford, Brierfield, Earby 3. Rural Service Centres - Provide the focus for development in those areas outside the boundaries of the settlements in Tiers 1 and 2. - Fence, Foulridge, Kelbrook and Sough, Trawden 4. Rural Villages - Only development which addresses an identified local need will normally be permitted. - Barley, Blacko, Higham, Laneshaw Bridge, Newchurch-in-Pendle and Spen Brook, Roughlee and Crow Trees, Salterforth 2. Settlement boundaries are defined on the Policies Map. Within a settlement boundary there is a presumption in favour of sustainable development. Proposals will be supported where they: (a) Are of a nature and scale that is proportionate to the role and function of the settlement. (b) Re-use vacant buildings or previously developed land that is not of high environmental value, subject to complying with other Development Plan policies. (c) Are a site-specific allocation within a document that forms part of the Development Plan to meet future needs or support growth (Policy SP03). 3. The following villages and hamlets do not have a defined settlement boundary and are situated within the open countryside (see Policy DM09). Bracewell, Winewall, Wycoller 4. Outside a defined settlement development will only be permitted for exceptions to Policy DM09 that are identified in the NPPF, an adopted development plan document, or a made neighbourhood plan, or that are in accordance with Policy SP04 part 5 when the Council is

Hot food takeaways

Hot Food Takeaways 1. Within town and District Centres applications for Hot Food Takeaways (Sui Generis) will normally be supported provided that the proposal: (a) Will not result in an over-concentration, or clustering of Hot Food Takeaways (Sui Generis) uses to the detriment of the character and function of that centre. (b) Will not result in an unacceptable adverse impact on the health and wellbeing of existing and future occupants of neighbouring land and buildings due to its associated operational effects, including the generation of litter. (c) Proposed external features including shop front facia, advertisements, security fittings, and lighting, do not degrade the urban environment. 2. Outside the boundary of a designated town or district centre applications for Hot Food Takeaways (Sui Generis) will only be considered for approval where: (a) The development site is more than 400m walking distance from an entrance (not necessarily the main entrance) to a secondary school, youth centre, leisure centre or Public Park; (b) The proposal is in a ward where fewer than 15% of Year 6 pupils, or 10% of reception pupils have been classified as obese (or severely obese); and (c) It can be demonstrated that extended opening hours will not cause an unacceptable impact on residential amenity or highway safety. 3. Where a takeaway service is to be offered by a restaurant or café, in determining the dominant use class for the premises, consideration will be given to: (a) The internal and external layout of the premises. (b) The proportion of space designated for hot food preparation. (c) Other servicing requirements. (d) Designated customer circulation space. Dark Kitchens 4. Proposals for dark kitchens (Sui Generis) will be supported where there is sufficient evidence to demonstrate: (a) They will not result an unacceptable adverse effect on the health and wellbeing of surrounding occupiers by way of noise, odour, vibration, and waste. (b) Servicing and operational requirements can be accommodated within the site curtilage, without prejudice to neighbouring uses, or causing harm to the amenity, quality or appearance of the wider built environment. (c) Within designated protected employment areas, town centres, and local frontages, proposals are consistent with the requirements of Policy DM41 (Part 4), Policy DM42 (Part 6), or Policy DM44 (Parts 3-5 inclusive).

Vibrant town centres

1. The town and District Centres identified in Policy SP06, will be the focus for retail development and other main town centre uses in Pendle. 2. Where justified, a condition may be used to prevent the change of use within Class E without the prior written consent of the local planning authority. Primary Shopping Areas 3. Primary Shopping Areas are designated for each of the borough's Town Centres and their boundary is defined on the Policies Map. Retail (Use Class E(a)) is the dominant land use in these locations. 4. Within Primary Shopping Areas, residential development is supported above ground floor level. 5. Within the Primary Shopping Area, hot food takeaways, public houses, wine bars (Sui Generis) and proposals falling within Use Class F1 may be permitted at ground floor level where the development: (a) Would not lead to a clustering of businesses not within Use Class E and/or result in more than 25% of ground level uses within that Primary Shopping Area not being within Use Class E. (b) Would add to the range and diversity of uses on offer, helping to increase footfall. (c) Would not harm amenity or give rise to increased noise, litter, disturbance, or antisocial behaviour. (d) Can be suitably accessed, serviced and ventilated. (e) Is designed to promote public safety and prevent crime. (f) Maintains an active street frontage, inclusive of security features. (g) Makes use of a continuously vacant unit marketed for a period of 12 months for sale/rent with no demonstrated interest. 6. Outside the Primary Shopping Area a broader range of uses will be supported at ground floor level, where these are consistent with other Local Plan policies, and provided that the proposed use is: (a) Compatible with, and does not compromise, existing uses or users. (b) Maintains or enhances existing levels of amenity, environmental quality, security and safety. (c) Secures an efficient use of the site and where possible existing buildings. (d) Supports the role and vitality of the town or district centre. (e) Is suitably accessible and serviced by necessary infrastructure such as highways, parking, water and wastewater supply, gas and electric.

Mixed-use development

1. Provided that they do not compromise broader spatial objectives, development proposals that promote and retain a mix of uses including housing, to help create mixed use neighbourhoods will be supported in order of preference in: (a) Town and District Centres (Policy SP06). (b) Edge of centre sites, as defined in the NPPF. (c) Other locations which are highly accessible by means of transport other than the private car. 2. Subject to compliance with Policy DM41 proposals relating to the redevelopment of employment floorspace will be supported where they: (a) Provide an element of commercial, business and service use together with residential, community, leisure and cultural uses as appropriate (b) Deliver an improvement in the physical quality of the urban environment. (c) Accord with the requirements of Policy SP11 and Policy DM18 in respect of the historic environment and heritage assets. (d) Avoid any unacceptable harm to the natural environment (Policy SP10). (e) Attract further investment where the environment is poor, and unemployment and levels of deprivation are high. (f) Increase footfall and business investment opportunities. 3. Where mixed-use development incorporates a residential element, it will be important to ensure that the operational requirements of existing businesses in the vicinity are not prejudiced through redevelopment and that residential amenity and the safety of occupants is maintained. 4. The relocation of existing community, leisure and cultural uses (including arts) into a town or district centre will be considered where it helps to maintain centre vitality and is accessible to the community served. 5. Sufficient off-street parking must be provided to support the development in accordance with Policy DM37.

Out-of-centre retail and commercial development

1. Beyond the defined boundaries of the Town Centres, District Centres (Policy SP06) and Local Frontages, proposals for new Main Town Centre Uses will not normally be permitted unless supported by a robust Sequential Assessment and where a proposed exceeds 400sqm, a Retail Impact Assessment. Such proposals should be located in order of priority in: (a) Edge of centre sites, as defined in the NPPF. (b) Other accessible locations within settlement boundaries that are well connected to the town centre. 2. Where justified, a condition may be used to prevent the change of use within Class E without the prior written consent of the local planning authority. 3. The extent of the designated Local Frontages is defined on the Policies Map and identified in the supporting text. 4. Businesses in Use Class E are acceptable in principle in Local Frontages provided: (a) There is no detrimental effect on the amenity or built/environmental character of the site and surrounding area. (b) The scale and nature of the proposed development is consistent and compatible with existing uses. (c) The site is accessible and serviceable without compromising highway safety. Sufficient means of parking is available to support additional use. (d) The proposal does not prejudice existing uses/users. 5. In addition, hot food takeaways, public houses, wine bars (Sui Generis) may be permitted provided that: (a) The proposal accords with Policy DM33. (b) Sufficient means is provided to ensure that any odour, noise, lighting, air pollution, fumes and litter arising from the site and its use, is dealt with effectively and without harm to the local environment or local health and wellbeing to the satisfaction of the Council. (c) Its approval would not result in more than 25% of the frontage units becoming non-Class E uses. 6. Existing out-of-centre retail locations are defined on the Policies Map. 7. In existing retail locations: (a) Premises in Use Class E can be replaced by another retail or commercial use of the same floorspace, mass, and height. Any proposal would be subject to the same planning conditions attached to the existing planning permission. (b) Existing retail and commercial uses will be permitted for modest expansion, whichever is smaller of, up to 25% of the existing gross internal floorspace, or does not exceed 400m 2 (gross) of additional floorspace. 8. Proposals that do not comply with the requirements set out in Part 7 will be required to submit a Sequential Assessment and Retail Impact Assessment proportionate to the scale of the proposal. 9. All proposals will be required to demonstrate: (a) The proposal can be accommodated without adverse effects on the operation of existing uses. (b) There is sufficient highway capacity, the proposal would not adversely affect the safety of road users, and that there is sufficient on-site parking available consistent with parking standards as set out in Appendix 5. (c) The proposal is adequately accessed, serviced and ventilated without harm to amenity and the environment.

Tourism

1. Proposals are likely to be supported where they: (a) Support urban renewal by repurposing existing structures, or making effective use of previously developed land, and, where possible, enhance the quality of the wider built and natural environment, insofar as this is consistent with the wider policies of the Local Plan. (b) Increase the supply of good quality serviced and self-catering accommodation. (c) Do not involve the loss of tourism accommodation unless there is no realistic prospect for its continued use. (d) Support active use along the Leeds and Liverpool Canal, consistent with environmental and amenity factors (Policy DM19). (e) Develop new markets for local produce, particularly those that support land-based industries and cultural assets. (f) Help to promote a year-round tourism industry. 2. Conditions may be applied to restrict the occupation of dwellings for holiday, tourist or visitor usage. Proposals to remove these conditions will be normally refused unless the proposal is in conformity with other policies in the development plan. 3. Where there is evidence that holiday lets are restricting access to rented and affordable housing, the Council will consider the need to introduce an Article 4 direction to remove permitted development rights for such development. Where an Article 4 Direction is in place proposals for existing homes to be used as a short-term let will require planning permission. 4. Major development proposals for tourism must address: (a) Transport infrastructure requirements. (b) How they will assist urban or rural regeneration. (c) Benefits they will bring to local communities. 5. In Rural Service Centres tourist and visitor facilities should, wherever practicable, be situated within an existing or replacement building. 6. Proposals for new tourism facilities and accommodation outside a defined settlement boundary (Policy SP02) and in the open countryside (Policy DM09) must: (a) Be in a location, and of a scale, that is in keeping with the rural character of the countryside and its wider landscape setting. (b) Protect local landscape character and not have an adverse effect on a designated environmental site (Policies DM10 and SP10). (c) Provide evidence that the facilities support a particular countryside attraction. (d) Demonstrate that no alternative buildings or sites are available for re-use. (e) Make use of appropriate materials, which are sympathetic to the locality. 7. Small scale retail, at an existing facility, including farms, or visitor attraction will be supported where it: (a) Is located in an existing building, or in a new building which is closely related to the tourist attraction; (b) Enables the purchase of local produce; and (c) Ancillary to the main permitted use. 8. Where the proposed development is not ancillary to an existing facility or visitor attraction, it will be necessary to demonstrate that a location within the open countryside is necessary. 9. Within the Forest of Bowland National Landscape and its immediate setting great weight is given to the conservation and enhancement of the landscape and its scenic beauty. Development within the National Landscape must address the requirements of Policy DM11. Proposals relating to tourism activities, accommodation and facilities will be considered favourably where they: (a) Make effective use of existing redundant buildings of permanent and substantial construction. (b) Do not introduce built development into an area devoid of structures (other than where related to agriculture and forestry). (c) Are in keeping with the character of the landscape area and reflect the local vernacular, scale, style, features and building materials. (d) Replace existing static caravans with log cabins or lodges. (e) Make provision for small-scale touring caravans and camping between 1 March and 31 October on a site that is not visible from public roads, open spaces or public footpaths.

Retail and town centre hierarchy

1. The boundaries of the borough's town and District Centres are defined on the Policies Map. 2. New retail development, and other main town centre uses, should be in scale with the position a settlement holds in the retail hierarchy, as set out in Table SP06a. 3. Major developments, relating to the provision of a main town centre use, should be located in one of the three Town Centres. 4. To support the spatial development strategy (Policy SP02) all applications for main town centre uses, which are intended to serve a borough-wide catchment, should be located in either Nelson or Colne. 5. In rural locations the provision of new retail and service facilities should address an identified need within the relevant local community or meet the requirements of Policy DM45. 6. In rural areas proposals for retail and service provision in Use Class F2 should accord with Policy DM35.

Walking and cycling

1. Development proposals which affect an existing cycleway or public right of way should, in the first instance, seek to incorporate this into the development. Where this is not possible, the proposals should provide an alternative route that is safe and attractive for all users. 2. To help promote the use of sustainable modes of transport, the Council will require development proposals to: (a) Maintain and where possible improve existing pedestrian and cycling infrastructure, including the Public Right of Way (PROW) network. (b) Avoid adverse impacts on the safety of the pedestrian and cycling environment, including the PROW network. (c) Provide appropriate access for all sections of the community. (d) Use good design and, where appropriate, lighting to improve the safety and security of pedestrians and cyclists both within, and adjacent to, the development site. (e) Encourage greater opportunities for walking and cycling by: i. Linking to the existing footpath, bridleway and cycle way networks ii. Providing secure cycle parking and storage facilities. iii. Be located close to existing services (including shops) and sources of employment. 3. To ensure future maintenance, where appropriate new links should be the subject of a Section 106 agreement with the local highway authority. 4. Non-residential development that is likely to generate a significant level of footfall, should be located in highly accessible locations such as a town or district centre, which provide good access for pedestrians and cyclists.

Parking

1. Parking provision should be adequate to serve the needs of all new development applying the benchmark standards set out in Appendix 5. 2. Reliance on on-street parking may be acceptable where evidence clearly shows that the proposed development will not contribute to congestion or cause an issue for highway safety. 3. Proposals for parking, including driveways, should not adversely affect the quality and appearance of the street-scene. Parking should help to promote a sense of place and allow for the delivery of tree-lined streets. 4. All off-street parking areas will be expected to include permeable surfaces and soft landscaping to help attenuate surface water runoff. Proposals must demonstrate how these areas will be maintained. Residential Parking and Garages 5. Parking courts, well-observed from surrounding properties, may offer an acceptable design solution where: (a) Individual circumstances make on-plot provision impractical (e.g. flatted development); or (b) On-plot provision would unduly compromise other material considerations (e.g. design, heritage). 6. As a minimum integral, and external, garages should be: (a) Constructed in accordance with the dimensions shown in Appendix 5 (Table 4), to allow passengers to exit their vehicle whilst under cover and to provide space for the storage of bicycles. (b) Set back a minimum of 6.0m from the highway boundary, to allow vehicles to be parked in front of the garage door(s) whilst they are opened and closed without causing any obstruction to the highway (including any pavements). 7. Except where retained for car parking by condition, garages which do not conform to the dimensions set out in Appendix 5 (Table 4) will not be included within the residential car parking standards. 8. Driveways should provide sufficient space enable pedestrian access alongside any parked vehicle. 9. A connection to the power supply of at least 7 kw for the charging of electric, ultra-low emission and hybrid vehicles (including E-Bikes) should be provided: (a) At an appropriate point within an integral or external garage. (b) On an external wall of the property facing onto the driveway. 10. For flatted development with dedicated off-street parking provision of at least one EV Charging Point per 10 flats should be made available. Public and Commercial Car Parks 11. Public car parks which are frequently used and conveniently located are designated as Protected Car Parks (see Appendix 6) and defined on the Policies Map. The development of these sites will only be supported where the public benefits of the proposal outweigh the loss of car parking or alternative car parking can be provided to the satisfaction of the Council. 12. The number, size and layout of parking spaces reserved for people with disabilities should be in accordance with the requirements set out in Appendix 5. 13. Reserved parking spaces, for parents with young children and the mobility impaired, should be next to the main pedestrian exit, including lifts. The route from these spaces to the exit should be accessible, clearly defined and well lit. Where this distance exceeds 50m a segregated (and covered) pathway should be provided. 14. Operational space for commercial and service vehicles should not conflict with any on-site car parking unless secured through a Deliveries Management Plan. Sufficient manoeuvring space should be provided to enable vehicles to exit the site in forward gear. 15. Where developments have more than one land-use operating simultaneously, the combined car parking figures for the individual uses will normally apply. 16. At supermarkets and other large-scale developments open to the public (e.g. multiplex cinemas) the following facilities should be provided: (a) A drop-off zone with under-cover seating should be as close as possible to the main building entrance. The minimum dimensions of the setting down/picking up area should be 2.5m x 8m. (b) A minimum of two equipped Fast (32 amp) EV Charging Unit, plus an additional unit per 50 spaces created. 17. Charging points for electric, ultra-low emission and hybrid vehicles (including E-Bikes) should not harm the significance of a heritage asset (including its setting). Cycles, Scooters and Motorcycles 18. All new developments will be expected to provide safe and secure, long stay parking for cycles, motorcycles and scooters where: (a) a total of 20 or more car parking spaces are provided on-site; or (b) a total of 30 or more full or part-time staff are accommodated on-site 19. Long stay cycle parking provision should be covered to help protect parked cycles from the weather.

Taxis

1. Proposals to use premises for the control or administration of taxis and private hire vehicles will normally be permitted where they are within: (a) A town centre. (b) A district centre. 2. Taxi booking offices that are open to the public, or attended by private hire vehicles, will not be permitted in a predominantly residential area. 3. Elsewhere, applications for a booking office must provide a supporting statement to show: (a) Why the chosen site is considered to be suitable. (b) How the proposed development meets the requirements of this policy and other relevant policies in the Development Plan for the borough. 4. Booking offices should not have an adverse impact on the character and amenity of adjacent uses, particularly residential uses, by reason of increased traffic movement, noise, vehicle fumes or other nuisance. 5. To help maintain the vitality and viability of our town and District Centres proposals for a booking office should not contribute to the creation of an extensive non-shopping frontage, or the concentration of similar uses (see Policy DM42). 6. Applications for a taxi booking office (Sui Generis) must comply with the relevant car parking standards set out in Policy DM37 and Appendix 5.

Transport and connectivity

Strategic Links 1. The Council will support those strategic transport schemes as outlined in the most up-to-date versions of the Local Transport Plan and the East Lancashire Highways and Transport Masterplan. In addition, the Council will lobby for, and support the following strategic transport schemes: a. Provision of a strategic road link towards Yorkshire b. Reinstatement of the former Colne to Skipton railway line c. Provision of a dedicated cycle route to North Yorkshire. 2. The route of the former Colne-Skipton railway line, as shown on the Policies Map, is protected for future transport use. Managing Travel Demand 3. Proposals should follow the settlement hierarchy approach in Policy SP02 and minimise the need to travel by ensuring they are developed in appropriate locations close to existing or proposed services. 4. High density development should be focused within a 5-minute walk (400 metres) of the high-quality bus corridor or existing transport hubs. 5. Consideration should be given to locating new housing, employment and service developments close to each other to provide people with the opportunity to live and work within a sustainable distance. 6. Proposals for new development should have regard to the potential impacts they may cause to the highways network, particularly in terms of safety and the potential to restrict free flowing traffic, causing congestion. Where an adverse impact is identified, applicants should prepare a Traffic Impact Assessment and ensure that adequate cost-effective mitigation measures can be put in place. Where there is an unacceptable impact on highway safety, or the residual cumulative impacts of the development are severe and cannot be adequately mitigated, planning permission is likely to be refused. Promoting Sustainable Travel 7. Travel demand should be managed in accordance with programmes and initiatives established by the Council's partner organisations. New developments should, wherever possible, exploit opportunities for walking and cycling by connecting to existing pedestrian and cycle routes. Where appropriate new links should be provided to help increase connectivity and close gaps in the network such as those identified in the Local Cycling and Walking Infrastructure Plan (LCWIP) for Pendle. The provision of new or improved public transport systems may also be required to increase accessibility levels. 8. Development that generates significant amounts of transport movements should be supported by a Transport Statement or Transport Assessment. 9. Major developments, to be served by public transport, should avoid areas where the local topography, or road network, may restrict accessibility. Parking 10. New developments should comply with the car and cycle parking standards in Policy DM37.