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Chapter 3
HOUSING
   
  Background
3.1 Government policy guidance on the provision of housing in relation to the planning system is set out in Planning Policy Guidance Note 3: Housing (PPG3).
3.2 PPG3 states that:
 
  • everyone should have the choice of a decent home, that there should be a greater choice of housing and that housing should not reinforce social distinctions
  • the housing needs of all in the community should be recognised, including those in need of affordable or special housing in both urban and rural areas
  • housing provision should promote more sustainable patterns of development and make better use of previously developed or brownfield land, with additional housing concentrated in existing urban areas
  • new housing development should be well designed and make a significant contribution to promoting urban renaissance and improving the quality of life.
3.3 Government policy in relation to affordable housing provision is also set out in Circular 6/98: Planning and Affordable Housing, and in respect of gypsies and travellers, is set out in Circular 1/94: Gypsy Sites and Planning.
3.4 The Regional Spatial Strategy for the East Midlands (RSS8) provides policy guidance on spatial aspects of the region's housing development, including in relation to:
 
  • the location of new housing provision
  • a sequential approach to housing land provision
  • setting targets for the recycling of land and buildings
  • a phasing mechanism for the provision of housing land
  • housing in rural areas
  • design and density
  • affordable housing
  • provision for gypsies
3.5 The adopted Derby and Derbyshire Joint Structure Plan provides more detailed policy guidance on housing provision, including:
 
  • an overall requirement for additional housing in Amber Valley between 1991-2011
  • policies on the scale and location of housing development.
  • a specific policy on gypsies and travellers
3.6 The Borough Council's Strategic Objective of 'Sustainable Housing And The Environment' states, as a priority, improving the supply of affordable housing in Amber Valley.
3.7 The latest version of the Borough-wide Housing Needs Survey, undertaken in 2004-05, identifies a significant level of affordable housing need within Amber Valley and advises how policies and proposals within the local plan could help to address this need.
   
  Issues And Policies
  Provision Of Housing Development
3.8 The adopted Derby and Derbyshire Joint Structure Plan makes provision for 8700 additional dwellings in Amber Valley between 1991-2011. The Local Plan needs to identify sufficient land to meet this requirement.
3.9 By 1 April 2005, 6002 dwellings had already been provided since 1991, leaving 2698 dwellings to be provided by 2011. An additional 1699 dwellings can be expected to come forward on sites which either already had planning permission at 1 April 2005, or where the Borough Council had resolved to grant permission by this date.
3.10 An allowance can also be made for 373 dwellings likely to come forward on small brownfield sites (defined as those with capacity for less than 10 dwellings), within urban areas and larger villages. This provision, which is based on the rate of development on these sites between 1991-2005, reflects the advice in PPG3 that an allowance can be made for housing on sites that cannot be readily identified in advance of development.
3.11 This leaves a requirement for 626 dwellings to meet the Joint Structure Plan requirement to 2011, which will need to be provided on sites to be specifically identified in the Local Plan.
3.12 In seeking suitable sites to meet this remaining requirement, the Borough Council has followed the sequential approach set out in Planning Policy Guidance Note 3: Housing (PPG3). Initial consideration has been given to potential on previously developed or 'brownfield' land within the Borough's urban areas and larger villages, as identified through an urban capacity study. This study has been undertaken in accordance with the Government's best practice guidance note, 'Tapping The Potential', as well as an agreed protocol between all the local planning authorities in Derbyshire, intended to provide a common framework for urban capacity studies across the county.
3.13 Full details of the methodology and conclusions of the urban capacity study are set out in the Housing Technical Paper published alongside the Revised Deposit Plan.
3.14 In accordance with the sequential approach to site selection set out in PPG3, consideration has been given to potential sites on the edge of the Borough's urban areas and larger villages, where there are insufficient urban capacity sites to meet the remaining housing requirement. These potential 'urban extension' sites have been assessed against the criteria set out in PPG3.
   
  Alfreton Sub-Area
3.15 As at 1 April 2005, sufficient provision had already been made within this Sub-Area, to meet the remaining Joint Structure Plan requirement to 2011, with a small level of overprovision (36 dwellings) against the Sub-Area requirement.
   
  Belper-Ripley Sub-Area
3.16 As at 1 April 2005, sufficient provision had already been made within this Sub-Area, to meet the remaining Joint Structure Plan requirement to 2011. Despite the level of overprovision (432 dwellings) against the Sub-Area requirement, a number of additional sites are proposed for development within the Sub-Area.
3.17 There is further potential for development at Greenhillocks, Ripley. This site is identified in the adopted Local Plan and there is an approved development brief for the site. Development has already commenced and at 1 April 2005, there was outstanding planning permission for 151 dwellings, with potential for a further 52 dwellings on the remaining part of the site covered by the approved development brief. This would ensure the completion of the site and provide a comprehensive form of development (see policy H1c). Recent planning applications on this site have been referred to the Secretary of State under the Town and Country Planning (Greenfield Development) Regulations 2000, on the basis that they constitute significant development on a greenfield site. In each case, the Secretary of State resolved not to 'call in' the application and planning permission was subsequently granted .
3.18 Land is identified for up to 300 additional dwellings at Cinderhill, Denby. This reflects strategic policy guidance in the adopted Derby and Derbyshire Joint Structure Plan, which refers to the concentration of new housing development in the Denby/Kilburn area, as part of a comprehensive mixed-use development scheme (see policy H1b). Development at Cinderhill would provide the opportunity to create a sustainable form of development, providing an opportunity for people to live and work in close proximity and help reduce the need to travel. It offers the scope to secure benefits for existing communities in the locality, as well as for new businesses and residents within the development.
3.19 Land is identified at Milford Mills, Milford (up to 70 dwellings), as an element of a comprehensive mixed use redevelopment scheme (see policy ER1d). This site was identified in the urban capacity study. The provision of housing on this site is seen as critical in ensuring that a wider range of employment uses can be provided within a mixed use scheme, including tourism and leisure uses. This will help the local economy within the Derwent Valley to diversify away from a reliance on declining industries, such as textiles.
3.20 It is anticipated that the three proposed sites for housing development within the Belper-Ripley Sub-Area will in total provide a further 422 dwellings. It is acknowledged that this would represent additional overprovision against the remaining Joint Structure Plan requirement for the Sub-Area but there is a need to recognise the special circumstances that have led to an overprovision of housing in this Sub-Area. This has arisen largely through the Council's implementation of policies based on national planning guidance that strongly supports the redevelopment of previously-developed land for housing. All of the three proposed sites are considered to be suitable in terms of the principles of sustainable development. Together with the benefits that would be secured through their development, as set out in paragraphs 3.17 to 3.19 above, their inclusion within the Local Plan Review for housing development is considered to be appropriate.
3.21 Although no housing provision is made at district level beyond 2011 (the end of date of the Joint Structure Plan), provision beyond 2011 can be made on an interim basis by using the proportions by district of the overall Joint Structure Plan housing requirement for 1991-2011, as the basis for apportioning to each district the annual housing requirement for Derby & Derbyshire as set out in the approved Regional Spatial Strategy for the East Midlands (RSS8). This interim approach to post-2011 housing provision has been agreed by the Government Office for the East Midlands and the East Midlands Regional Assembly, pending the revision of RSS8. Within Amber Valley, the annual requirement using this approach is 332 dwellings. Assuming the same proportion of housing within that part of Amber Valley in the Belper-Ripley Sub-Area, as the Joint Structure Plan provision (46%), the annual requirement post-2011 for the Sub-Area would be 153 dwellings. Housing development at Milford Mills, Milford; Cinderhill, Denby and Greenhillocks, Ripley, together with the existing level of overprovision of 432 dwellings as at 1 April 2005, can therefore provide additional provision for within the Belper-Ripley Sub-Area for at least the five year period up to 2016.
3.22 It is not considered that any additional sites need to be identified for housing development, either within the Belper-Ripley Sub-Area or elsewhere in Amber Valley. This is on the basis that there is no requirement for the Council to make provision in the Local Plan Review beyond 2011 and that there are no other sites that are both suitable in accordance with sustainable development principles and which could deliver a range of benefits that could justify their inclusion within the Local Plan Review.
   
  Derby Sub-Area
3.23 There was a remaining requirement at 1 April 2005 for 860 additional dwellings within this Sub-Area to meet the Joint Structure Plan requirement to 2011.
3.24 The urban capacity study has identified a very limited number of potential housing sites within this Sub-Area. This reflects its characteristics as a predominantly rural area, with only Duffield being of sufficient size, and having the range of services and facilities, to have the potential to accommodate significant further housing development in line with sustainable development principles. None of the identified urban capacity sites are likely to be suitable for development of 10 or more dwellings and any additional dwellings which may come forward on these sites would be part of the allowance made for small-scale development (see policy H3).
3.25 In accordance with the sequential approach to site selection in PPG3, consideration has been given to the potential for development on 'urban extension' sites.
3.26 The Borough Council has previously expressed concern at the potential environmental impact of any significant new housing development in this part of Amber Valley, including through representations at the Examination in Public into the now approved Joint Structure Plan. Large scale development would inevitably result in the loss of high quality agricultural land and could have a significant adverse impact on the character of existing Conservation Areas, as well as the Historic Park and Garden at Kedleston Hall, and its setting. Development would also be on greenfield land, with the effect that the Borough Council would find it difficult to reflect both the national and regional targets which seek to secure 60% of housing development on previously-developed land.
3.27 However, in order to address the remaining housing requirement for the Sub-Area, land is identified for up to 600 dwellings at Radbourne Lane, Mackworth. A site in this location was originally identified in the First Deposit Plan for 300 dwellings, but following representations received as a result of consultation, this site was subsequently deleted in the Revised Deposit Plan. A further assessment of the potential for additional housing in this location has been carried out and has concluded that development should be restricted to land immediately to the south of Skitteridge's Wood, to avoid any serious adverse impact on the landscape. This would allow a maximum of 600 dwellings. However, in order to ensure that the impact of this scale of development can be properly addressed, a comprehensive development brief will need to be approved by the Council before any planning application for development can be determined. The development brief will need to set out in detail the landscaping and other measures necessary to mitigate environmental impact, as well as the range of infrastructure and community benefits necessary to address the impact of development, including in relation to highways and other transport matters, land drainage, shopping, education, health and other community facilities.
3.28 An allocation of this scale would still leave a shortfall of 260 dwellings against the remaining Sub-Area requirement. However, the latest housing land availability information for Derby City as at 1 April 2005 suggests that this shortfall would be more than offset by the number of dwellings now expected to come forward up to 2011, within Derby. The importance of looking at housing need and supply across housing market areas has been highlighted by the Government in recent consultation documents and accompanying press releases.
   
  Heanor Sub-Area
3.29 There was a remaining requirement at 1 April 2005 for 234 additional dwellings within this Sub-Area to meet the Joint Structure Plan requirement to 2011.
3.30 A number of urban capacity sites are considered to be both suitable and likely to come forward for development up to 2011. These sites are estimated to have capacity for 103 dwellings, leaving a requirement for a further 131 dwellings.
3.31 In accordance with the sequential approach to site selection in PPG3, consideration has been given to the potential for development on 'urban extension' sites.
3.32 Many of the potential sites on the edge of settlements within the Heanor Sub-Area are subject to significant environmental constraints, including Green Belt, areas of importance for nature conservation and land at risk of flooding.
3.33 However, land at Douglas Avenue, Heanor (38 dwellings), Cromford Road, Langley Mill (84 dwellings) and Adale Road, Smalley (93 dwellings) are all immediately adjoining the existing urban area and provide an opportunity for development on land which is not subject to any specific environmental constraints.
3.34 Development at Adale Road is restricted to a maximum of 93 dwellings, due to highway constraints at the junction of Adale Road with Heanor Road. This site also offers the potential to secure new business and industrial development in conjunction with adjoining land, served via Heanor Gate Industrial Estate.
3.35 Land at Hands Road, Heanor is identified in the adopted Local Plan as an Area Of Local Landscape Significance. It is proposed to delete these designations and to consider the need to protect such land through other policies. This site is not considered to have any significant value as open land, in terms of either its landscape value or potential for recreational use, essentially comprising low grade agricultural land. Although it does not constitute previously developed land, as defined by PPG3, it has the characteristics of an urban capacity site, being surrounded on all four sides by existing housing development. The site may also offer the potential to secure off-street parking provision for existing residents in Howitt Street and Holbrook Street, where there are severe problems of congestion arising from a dependency on on-street parking.
3.36 However, it is accepted that as a result of the site's topography and its relationship to existing houses fronting on to Howitt Street and Holbrook Street, development should be limited to 60 dwellings, with an area of structural landscape to be provided along the northern and eastern boundaries of the site. Approval for any scheme will also be dependent on the feasibility of a satisfactory access to Hands Road and any application will need to be accompanied by a survey of ground conditions, together with details of any necessary works, in relation to that part of the site adjacent to existing properties in Hands Road.
3.37 The additional housing provision within Heanor Sub-Area on allocated sites (378 dwellings) would exceed the remaining Joint Structure Plan requirement for the Sub-Area by 144 dwellings. However, this level of overprovision is not considered to be significant. The release of greenfield sites will be subject to phasing (see policy H2).
3.38 Appendix 1 provides a summary of the housing land availability position in Amber Valley as at 1 April 2005. The overall level of housing provision within the Borough is considered to be sufficient to maintain a five year supply of housing and annual monitoring of development will enable the Borough Council to continuously assess whether this supply is maintained.
 
 
POLICY H1
Land is identified for new housing development, as set out in Appendix 1 and as shown on the Proposals Map.
In addition to those sites with planning permission at 1 April 2005, planning permission will be granted for development, providing that the proposals satisfy all of the criteria in policy H12 and where relevant, the specific criteria in policies H1a-d
Those sites subject to phasing will also have to satisfy policy H2
 
Colliery Road, Alfreton
H1a Planning permission will only be granted for new housing development at Colliery Road, Alfreton, as shown on the Proposals Map, if the existing tennis club can be satisfactorily relocated to a suitable alternative site within the locality
 
Cinderhill, Denby
H1b Planning permission will only be granted for new housing development at Cinderhill, Denby, as shown on the Proposals Map, providing that provision is limited to a maximum of 300 dwellings, as part of a comprehensive mixed use development scheme in accordance with policy ER2
 
Greenhillocks, Ripley
H1c Planning permission will only be granted for new housing at Greenhillocks, Ripley, as shown on the Proposals Map, if the proposals are part of a comprehensive development scheme in accordance with the approved development brief for the site
 
Radbourne Lane, Mackworth
H1d Planning permission will only be granted for new housing development at Radbourne Lane, Mackworth, as shown on the Proposals Map, if the proposals are part of a comprehensive development scheme in accordance with an approved development brief for the site
  Any proposals will need to:-
  a) retain important trees, woodland and other key landscape features and provide additional landscaping and other measures to mitigate the environmental impact of development
  b) retain existing rights-of-way within the site and provide additional footpath/cycleway links to and from the site
  c) provide improvements to the surrounding highway network, including at the junction of the A52 Ashbourne Road with Radbourne Lane
  d) provide improvements to public transport infrastructure
  e) provide local shopping, educational, health and other community facilities as necessary
  f) provide improvements to land drainage infrastructure
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  Phasing Of Housing Development
3.39 PPG3 refers to the need for local planning authorities to consider phasing new housing development, to reflect the principle that in general, previously developed or brownfield land should be brought forward in advance of greenfield sites.
3.40 A policy is therefore included to phase the release of greenfield sites within Derby Sub-Area and Heanor Sub-Area for development after 1 April 2007. Annual monitoring of development, including that which may come forward on brownfield sites in accordance with policy H3, will determine when or whether those sites subject to phasing will need to be brought forward.
3.41 If the rate of brownfield development exceeds that anticipated, the sites subject to phasing will continue to be held in reserve. Alternatively, if development on brownfield sites falls short of the expected level, the sites subject to phasing may need to be brought forward before 2007. This situation would however be likely to trigger an early review of the Housing policies of the Local Plan.
3.42 Within the Derby Sub-Area, there is a need to ensure, through joint working with other local authorities within the Sub-Area, that phasing takes into account development across the whole of the Sub-Area. This will apply particularly within Derby City, where previously developed land has been identified for housing.
 
 
POLICY H2
In the Derby and Heanor Sub-Areas, the release of greenfield allocations for new housing development will be phased to reflect the presumption that previously developed or brownfield land should generally be developed before greenfield sites. Development will not be permitted which would result in commencement occurring on the following greenfield sites before 1 April 2007:
 
Derby Sub-Area:
  • Radbourne Lane, Mackworth
Heanor Sub-Area:
  • Douglas Avenue, Heanor
  • Hands Road, Heanor
  • Cromford Road, Langley Mill
  • Adale Road, Smalley
The Borough Council will monitor the Local Plan's performance in relation to the annual rate of development, and may consider the release of some greenfield land before 1 April 2007. Alternatively it may be necessary to continue to reserve greenfield sites beyond 1 April 2007
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  Other Housing Development Within Urban Areas and Larger Villages
3.43 In addition to development on those sites identified in policy H1, opportunities will arise for housing on suitable sites elsewhere within the Borough.
3.44 The most sustainable locations will be within the built framework of urban areas and larger villages (defined as the limits of continuous or contiguous development forming the existing built up area of a settlement), where there is the greatest concentration of employment, shopping and community facilities and where public transport provision is most extensive. In addition to the extension or replacement of dwellings, there will be scope for additional housing through the conversion of existing dwellings or buildings in other uses. New development on previously developed or brownfield land, or on other vacant land, would also be acceptable in principle, although there is a need to ensure that this would not result in a significant overprovision of housing in relation to the Joint Structure Plan requirement.
3.45 All proposals will also need to satisfy the criteria set out in policy H12.
 
 
POLICY H3
H3 In addition to development on those sites identified in policy H1 and at Appendix 1, planning permission will be granted for housing development within the built framework of the following urban areas and villages:-
Alfreton, Ambergate, Belper, Codnor, Crich, Denby, Denby Bottles, Duffield, Fritchley, Heage, Heanor, Holbrook, Holloway, Horsley, Horsley Woodhouse, Ironville, Kilburn, Langley Mill, Loscoe, Milford, Nether Heage, Quarndon, Riddings, Ripley, Smalley, Somercotes, South Wingfield, Swanwick
providing the proposals:-
a) are in the form of one or more of the following:-
  1. the conversion of existing dwellings to provide additional units, or of existing buildings to housing from other uses
  2. extensions to or replacement of existing dwellings
  3. new development on previously developed or brownfield land, or on other vacant land which has not been previously developed, providing the land is not specifically identified for any other form of development
b) satisfy all the criteria in policy H12
c) either individually or cumulatively, would not result in a significant over-provision of housing, having regard to the overall requirement for the Borough as identified in the Derby and Derbyshire Joint Structure Plan
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  Housing Development Within Other Settlements
3.46 Within smaller villages, where there is a more limited range of employment, shopping and other community facilities and where public transport provision is not extensive, the scope for housing will be more restricted, having regard to the principles of sustainability. New development should be limited to infilling (defined as the completion of an otherwise substantially built up frontage by the filling of a small gap with usually no more than one or two dwellings), or the provision of affordable housing on 'rural exceptions' sites policy H11. All proposals will also need to satisfy the criteria set out in policy H12.
 
 
POLICY H4
Within the built framework of all other settlements not listed in policy H3, planning permission will be granted for housing development, providing the proposals are in the form of one or more of the following:-
1. the conversion of existing dwellings to provide additional units, or of existing buildings to housing from other uses
2. extensions to or replacement of existing dwellings
3. new development on previously developed or brownfield land, or on vacant land which has not been previously developed, providing the development is in the form of infilling of small gaps capable of accommodating no more than 2 dwellings within existing groups of houses, subject to the character of the surroundings
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  Housing Development Outside Settlements
3.47 Outside settlements, housing development needs to be strictly controlled, in order to prevent visual intrusion in the countryside. The conversion of buildings to housing from other uses will only be acceptable if the building(s) are of permanent and substantial construction, of a form, bulk and general design in keeping with their surroundings, can be converted without extensive alteration, re-building or extension. It will also need to be demonstrated that employment or tourism uses would not be suitable or viable, as these uses have a greater potential to diversify the rural economy.
3.48 Extensions to dwellings will be acceptable, providing they would not result in a significant change to the scale and character of the dwelling and its surroundings, while proposals for replacement dwellings should not lead to a net increase in the number of dwelling units.
3.49 New development will be limited to that which is shown to be necessary for the operation of a rural based activity and where a countryside location is essential. Isolated new dwellings essential for a worker to live permanently at or near their place of work in the countryside will only be considered in the context of advice in Planning Policy Statement 7: Sustainable Development In Rural Areas (PPS7). The provision of affordable housing on 'rural exceptions' sites may be acceptable if development can be well related to existing settlement patterns.
3.50 All proposals for housing development will also need to satisfy the criteria set out in policy H12.
3.51 Although Housing Policy 5 of the adopted Joint Structure Plan recognises that development may be acceptable beyond the built framework, but within the wider physical confines of villages, it is considered that more than sufficient opportunities are likely to be available within the built framework of the Borough's urban areas and villages, together with those sites identified in policy H1 to meet the Joint Structure Plan requirement.
 
 
POLICY H5
Outside the built framework of settlements, planning permission will not be granted for housing development unless the proposals are in the form of one or more of the following;-
1. extensions to existing dwellings, provided this would not result in a significant change to the scale or character of the dwelling and its surroundings
2. replacement of existing dwellings, providing that the number of dwelling units is not increased
3. new development which can be shown to be necessary for the operation of a rural based activity and where a countryside location is essential
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POLICY H6
Planning permission for the conversion of existing buildings in the countryside to residential use from other uses will only be permitted if:
1. it can be demonstrated that employment or tourism uses would not be suitable or viable, and
2. the building or group of buildings is of permanent and substantial construction, is of a form, bulk and general design in keeping with its surroundings and can be converted without extensive alteration, rebuilding or extension
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  Somme Road/Memorial Road, Quarndon
3.52 Land at Somme Road/Memorial Road, Quarndon has previously been the subject of development proposals. This area is unique in Amber Valley, in that it was originally laid out as residential plots, of which only some were subsequently developed. The case for development on the remaining undeveloped plots was put forward at the public local inquiry into the now approved Local Plan in 1992, but proposals were not included in the adopted Plan, following the recommendation by the Inspector not to identify the site for development.
3.53 There remains concern at the poor quality of the environment in this locality and it is considered that limited additional development, probably between 5 and 10 dwellings, could provide the opportunity for significant environmental improvement. Proposals would need to incorporate improvements to both Memorial Road and Somme Road and would need to avoid increasing flood risk, given that part of the area lies within the indicative flood plain. The area also lies within the setting of Kedleston Hall Historic Park and Garden and any proposals will need to be of a form, scale and design to reflect this setting.
3.54 Any proposals for development will also need to be in accordance with the approved development brief for the site.
 
 
POLICY H7
H7 Planning permission will be granted for new housing development at Somme Road/Memorial Road, Quarndon, as shown on the Proposals Map, following the approval of a comprehensive development brief for the site and providing that the proposals:-
a) satisfy all of the criteria in policy EN15 in relation to management of flood risk
b) secure highway improvements on Somme Road and Memorial Road
c) are of a form, scale and design which reflects the location of the site within the countryside and within the setting of Kedleston Hall Historic Park and Garden
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  Development On Brownfield Land
3.55 PPG3 sets out a national target for 60% of new housing development to be provided on previously developed or brownfield land by 2008. The Regional Spatial Strategy for the East Midlands (RSS8) includes a similar target for the East Midlands Region.
3.56 The schedule of housing land availability at Appendix 1 identifies where development is expected to come forward on previously developed or brownfield land, up to 2011. Together with development completed since 2001, this will ensure that at least 60% of additional dwellings are provided on brownfield land between 2001-2011.
   
  Residential Caravans, Mobile Homes And Chalets
3.57 Proposals for residential caravans, mobile homes and chalets for permanent occupation will be considered in relation to the locational criteria for permanent dwellings in policies H3 and H5-6 and in relation to the criteria for the quality and design of housing development set down in policy H12.
 
 
POLICY H8
Planning permission will be granted for housing development in the form of residential caravans, mobile homes and chalets for permanent occupation, provided the proposals satisfy the locational criteria applicable to dwellings of permanent construction as follows:-
a) within the built framework of the urban areas and villages listed in Policy H3, subject to meeting criteria (a) 3 and (c) of policy H3
b) within the built framework of all other settlements not listed in Policy H3, subject to meeting criterion 3 of policy H4
c) outside the built framework of settlements, subject to meeting criterion 3 of policy H5 and
d) in all cases, subject to meeting the criteria in policy H12
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  Gypsies And Travellers
3.58 Circular 1/94: Gypsy Sites and Planning sets out Government advice on appropriate locations for Gypsy accommodation. Local planning authorities are encouraged to identify suitable sites wherever possible, as well as setting out criteria against which any proposals can be considered. Circular 1/94 advises that sites within the Green Belt or on Sites of Special Scientific Interest are not normally considered to be appropriate.
3.59 In 1998, the Derbyshire Gypsy Liaison Group published a report called 'Moving Base'. The document aimed to assess how many traditional families were actually travelling through Derbyshire and to give guidance to local planning authorities. The report suggests fluctuations in the number of trailers being sighted, with numbers varying from around 9 to 75 in recent years, as well as seasonal variations in numbers. Evidence of fluctuations is backed up by the Borough Council's six monthly count of Gypsy caravans provided as a return to Central Government. These counts, which are carried out at six monthly intervals in January and July each year, have recorded a range between 0 and 12 caravans at individual counts over the period January 2001 to July 2005.
3.60 There are likely to be limited circumstances in which applications for Gypsy sites in Amber Valley will be acceptable. Any potential sites will need to be outside the Green Belt and avoid other areas of importance for landscape and nature conservation. Any development will also need to be well related to existing patterns of land use and development, be easily accessible to services and be in areas frequented by Gypsies.
3.61 The Borough Council will liaise as necessary with the Derbyshire Gypsy Liaison Group with regard to suitable locations for site provision. Additionally, the Borough Council will encourage early consultation by Gypsies and travellers, in relation to the purchase of land on which it is intended to seek planning permission for development.
 
 
POLICY H9
Planning permission will be granted for both permanent and transit caravan sites for Gypsies and travellers provided that there is a proven need in relation to the average level of Gypsy and traveller occupation within the Borough over the previous two years; and that the site:-
a) has good accessibility to community services and facilities
b) has good access to the main road network, suitable for large vehicles and trailers, and not result in unacceptable impact on highway safety or traffic volumes;
c) will not detract from the amenity of nearby residential development;
d) will not result in encroachment on open countryside, or be within land designated as Green Belt and Special Landscape Areas from inappropriate development or other specially designated areas.
Where possible, preference will be given to the re-use of previously developed or brownfield land and encouragement will be given to the provision of sites suitable for mixed residential and business use
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  Affordable Housing
3.62 PPG3 makes reference to planning and affordable housing, with more detailed advice set out in Circular 6/98: Planning and Affordable Housing.
3.63 Circular 6/98 states that where there is evidence of need for affordable housing, based on an up to date survey, local plans should include a policy seeking an element of provision on suitable sites. This should define what is meant by affordable housing, indicate how many affordable homes need to be provided, set indicative targets for specific sites and indicate the intention to seek to negotiate with developers to secure an element of affordable housing on such sites.
3.64 Circular 6/98 also states that affordable housing should only be sought on sites with an estimated capacity of at least 25 dwellings, or sites of at least 1 hectare irrespective of the number of dwellings. Where it can be demonstrated that there are exceptional local constraints, a lower threshold of 15 dwellings or 0.5 hectare could be justified through the local plan process.
3.65 The latest Borough-wide Housing Needs Survey undertaken in 2004-05 acknowledges that Government definitions of affordable housing include both subsidised and non-subsidised housing to meet the housing needs of people unable to meet local housing costs. The Survey therefore examines the full range of tenure aspirations and needs, including owner occupation, low cost sale, market renting, low-cost home ownership and social renting and concludes that the overriding demand is for subsidised housing.
3.66 The Survey identifies a substantial requirement for affordable housing in Amber Valley and indicates that a minimum of 406 affordable housing units per annum is needed up to 2011. It recommends that the Borough Council identifies an appropriate target in the Local Plan to secure affordable housing on allocated and other sites which may come forward for housing development.
3.67 In practice, the role of the planning system to make an effective contribution to meeting affordable housing need is limited. The scope to secure an element of affordable housing on new development sites needs to be carefully weighed against other potential infrastructure and community benefits considered to be necessary in conjunction with development. A more realistic target of 50 affordable housing units per annum is therefore proposed, as a contribution towards meeting the level of need identified in the 2004-05 Housing Needs Survey.
3.68 The majority of affordable dwellings will be expected to come forward on those sites identified in policy H1, as well as on any other sites of 25 dwellings or more, or over 1 hectare (whichever is the greater) which may come forward for development during the Plan period, in accordance with policy H3. The Borough Council will expect developers to provide, on appropriate sites, between 20-30% of new housing provision in the form of affordable housing.
3.69 The Borough Council will also require developers to establish suitable arrangements, through Section 106 Agreements, to ensure that the occupancy of affordable housing can be controlled to secure its future benefit for subsequent occupiers
 
 
POLICY H10
The Borough Council will seek to negotiate the provision of at least 50 affordable housing units per annum up to 2011, as an element of new housing development on those sites identified in policy H1 and at Appendix 1, and on any other suitable sites of 1 hectare or more (or 25 dwellings or greater) which may come forward for development in accordance with policy H3. The proportion of affordable housing provision on individual sites will be expected to be within the range of 20-30%
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  Affordable Housing In Rural Areas
3.70 PPG3 and Circular 6/98 refer to the potential to provide an additional source of affordable housing in rural areas on 'rural exceptions sites', within or adjoining existing villages. These sites will be those that would not normally be released for housing development and any provision will be regarded as additional to that identified to meet the Joint Structure Plan requirement.
3.71 Housing on 'rural exceptions' sites must meet a genuine local need that would not otherwise be met by the housing market and any proposals will need to demonstrate that such a local need exists. Although it is not possible to identify precisely the nature and extent of current and future local housing needs in rural areas, provision will be particularly appropriate for the following categories of people in housing need:
 
  • households in the parish/village who are homeless or currently in accommodation which does not meet their needs
  • new households either from the parish/village or with local connections
  • persons who are dependants of households living in the parish/village or adjacent parishes/villages
  • retired or disabled people who have lived and worked in the parish/village
  • households including persons employed in the parish/village and living elsewhere
  • households including persons seeking or about to take up employment or provide a rural service in the parish and who require to live locally
3.72 The Borough Council will normally require evidence of local need to be established through a parish or village-based survey, in conjunction with the relevant parish council.
3.73 In order to ensure that housing is affordable, the rental level or purchase price will need to be significantly lower than the levels on the open market. Consequently, schemes are only likely to be viable on low value agricultural sites where residential development would not otherwise be permitted. It will also be necessary to ensure that arrangements are made to maintain the dwellings at a low cost in perpetuity, through the control of sale or rent, to ensure continued benefit for subsequent occupiers.
 
 
POLICY H11
Planning permission will be granted for affordable housing development on 'rural exceptions' sites, providing that:-
a) it can be demonstrated that the proposals would meet a genuine local need which would not otherwise be met by the housing market
b) arrangements are made to ensure that the occupancy of such housing can be controlled to secure the benefits for subsequent occupiers
c) the proposal is located within or adjoining existing villages, other small settlements or groups of houses, and satisfies all the criteria in policy H12
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  Quality And Design Of Housing Development
3.74 In order to create and maintain a high quality of design in relation to housing development, it is necessary to ensure that all proposals are acceptable in relation to specified criteria.
3.75 In accordance with advice in PPG3, new housing development should be provided at a minimum density of 30 dwellings per hectare, unless it can be shown that this would be inappropriate having regard to the scale and character of the locality. This will help maximise the efficient use of land and minimise the land needed to meet the overall housing requirement. In locations where there is good access to public transport or where services and facilities are within easy walking or cycling distance, such as within or adjoining town centres, or around major nodes along public transport corridors, there will be scope to secure development at higher densities.
3.76 The Borough Council will therefore consider all proposals for housing development against the range of criteria set out in policy H12.
 
 
POLICY H12
In considering applications for housing development, the Borough Council will require that the proposals:-
a) are in scale and character with their surroundings
b) have regard to distinctive landscape features and provide supplementary landscaping where appropriate, particularly where the development is visually prominent or situated on the established urban fringe
c) provide adequate amenity space for each dwelling unit
d) do not unduly affect the amenities or privacy of adjoining or adjacent properties, including through loss of light, overshadowing or overlooking
e) provide satisfactory access to the transport network
In assessing the above criteria, the Borough Council will
a) resist tandem development (consisting of one house immediately behind another and sharing the same access), where the amenities of proposed and existing development will be adversely affected
b) resist the development of existing open land having amenity value, the established use of which contributes to the visual character of the surrounding urban area, and where the provision of housing would be visually inappropriate
The Borough Council will require all new housing development to be at a minimum net density of 30 dwellings per hectare, unless it can be demonstrated that there are significant constraints to development, or that development would have an adverse impact on the character or appearance of the locality. In locations with good public transport accessibility, including town centres or around major nodes along public transport corridors, the Borough Council will seek to secure development at higher densities
   
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