Back to Contents - Back to Introduction   Chapter 1 LOCAL PLAN STRATEGY       Background 1.1 As a key corporate document of the Borough Council, there is a need to ensure that the Local Plan is consistent with other strategies and policies of the Council and its partners, and with national, regional and strategic guidance and policies in relation to land use planning issues. One way of demonstrating this consistency is to set out a number of key objectives for the Plan, against which its performance in contributing to the delivery of wider strategies and policies can be measured. These objectives can be supported by strategic Local Plan policies, against which all development proposals can be considered. 1.2 The Borough Council has agreed a number of Strategic Objectives, on which it will focus service delivery. The Strategic Objectives relevant to land use and development issues relate to:-   sustainable housing and the environment safer communities active young people healthier communities thriving economy and employment 1.3 The Government provides strategic policy guidance on issues which relate to all land use planning issues. It has made a commitment to achieving more sustainable patterns of development, as set out in its recent publication ‘A Better Quality Of Life – A Strategy For Sustainable Development For The UK’. This commitment is also reflected in the Regional Spatial Strategy for the East Midlands (RSS8) and the adopted Derby and Derbyshire Joint Structure Plan. 1.4 Government guidance in Planning Policy Statement 1: Delivering Sustainable Communities (PPS1) sets out the Government’s objectives for the planning system and states that sustainable development is the core principle underpinning planning.  1.5 In addition to addressing strategic and corporate issues, there is a need for the Local Plan to respond to the growing demand for infrastructure and other community benefits as a result of new development in the Borough, particularly for housing. There needs to be a clear policy basis for securing such provision through the development process. 1.6 The key objectives of the Local Plan are set out below, with performance indicators and targets for each of these objectives included in Chapter 8: ‘Monitoring and Implementation’   to ensure that development reflects the principles of sustainable development to increase the supply of affordable housing to reflect the principles of community safety by contributing towards reducing crime, nuisance and disorder and addressing the fear of crime to improve the health of the community by increasing the quality and range of leisure and cultural facilities to protect and enhance the environment, including in relation to landscape, biodiversity and built heritage to regenerate the market towns of Alfreton, Belper, Heanor and Ripley to ensure that development reflects the principles of good design to ensure that development is accessible by all sections of the population, including people with disabilities   to secure the provision of or financial contributions towards infrastructure and community benefits in conjunction with development.       Issues and Policies   Sustainable Development 1.7 In 1999, the Government published ‘A Better Quality Of Life – A Strategy For Sustainable Development For The UK’. The strategy sets out four key objectives which collectively define sustainable development and need to be met at the same time:-   social progress which meets the needs of everyone effective protection of the environment prudent use of natural resources maintenance of high and stable levels of economic growth 1.8 The strategy is supported by Government guidance set out in ‘Planning For Sustainable Development – Towards Better Practice’. This gives advice on how the planning system can help to deliver sustainable development, including how sustainable development principles can be incorporated into development plans. 1.9 Government advice in Planning Policy Guidance Note 12: Development Plans (PPG12) refers to the need for local authorities to undertake a full environmental appraisal of development plans and to consider how this can be extended to encompass economic and social issues, through a sustainability appraisal. An initial Sustainability Appraisal was published to accompany the First Deposit Plan. This was subsequently revised and published alongside the Revised Deposit Plan. It should be noted that although PPG12 has now been superseded by Planning Policy Statement 12: Local Development Frameworks (PPS12), the advice in PPG12 is still relevant for the Local Plan Review. 1.10 The Regional Spatial Strategy for the East Midlands (RSS8) refers to the need to ensure that sustainable development principles are reflected in the spatial development of the region. 1.11 General Development Strategy Policy 1 of the adopted Derby and Derbyshire Joint Structure Plan refers to the need for new development to respect the principles of sustainable development, by contributing to the provision of opportunities for:-   creating energy-efficient development patterns and designs re-using land and buildings in preference to developing greenfield sites protecting and improving the natural and built environment minimising motorised travel minimising pollution and wastes minimising the overall need to travel by ensuring convenient access between homes, jobs and services, in locations well served by, or with potential to be well served by the public transport network 1.12 The Amber Valley Environmental Strategy (2001) refers to the need to integrate sustainable development objectives into the Borough Council’s policies and activities. 1.13 The Local Plan can help to achieve a sustainable pattern of development and land use within the Borough, by ensuring that all development proposals are considered against a range of criteria which reflect sustainable development principles.     POLICY LS1 Proposals for development should be located taking account of the following sustainability criteria by: a) being well-related to existing patterns of development b) re-using previously developed land and buildings in preference to greenfield sites, except where circumstances such as location or accessibility preclude their use c) protecting and enhancing the quality of the built and natural environment d) minimising the need to travel between home, work and other activities and providing opportunities for journeys other than by car e) ensuring the capacity of existing infrastructure to absorb further development f) managing waste generated from the construction and occupation of, and operations resulting from new development  (all applicants for major new developments will be required to supply full information regarding the waste production implications of the proposals)   Top   Community Safety 1.14 The Borough Council’s Strategic Objective of ‘Safer Communities’ involves working with its partners to reduce crime, nuisance and disorder, address the fear of crime and to support and develop community safety issues. 1.15 The Amber Valley Community Safety Strategy aims to:-   reduce crime, nuisance and disorder address the fear of crime support and develop communities 1.16 The Local Plan can help to support the Community Safety Strategy, by ensuring that opportunities are taken in considering all development proposals to ‘design out crime’. Development needs to be sited and designed in such a way as to both minimise the opportunities for crime and help to reduce the fear of crime. Contributions towards crime prevention or reduction measures in conjunction with development proposals will also be sought.     POLICY LS2 All development proposals must reflect the principles of community safety and address the fear of crime by including measures to prevent and reduce crime, nuisance and disorder.  For major development proposals, the Council will negotiate with the developer to ensure the incorporation of crime prevention measures and, where appropriate, provide specific guidance through the preparation of a development brief.  Planning conditions, in accordance with the advice in Circular 1/85, may be used to secure crime prevention objectives.   Top   Health & Leisure 1.17 The Borough Council’s Strategic Objectives of ‘Active Young People’ and ‘Healthier Communities’ involve:-   tackling deprivation, poverty and social exclusion and promoting equality of opportunity ensuring the provision of quality environmental health and leisure provision and the expansion of the community’s cultural opportunities 1.18 The Borough Council has produced, on behalf of the Amber Valley Partnership, ‘Towards A Healthier Amber Valley – A Strategy for Better Health and Quality of Life for the People of Amber Valley’. The strategy, which is based on the Government’s national priorities for improving the public’s health, sets out how a range of organisations in the Borough aim to improve the health and quality of life for the people of Amber Valley. The strategy aims to:-   make improvements in the underlying social, economic and environmental causes of ill health provide opportunities for all people in Amber Valley to take greater control in improving their quality of life ensure that each organisation will contribute to the improvement of health and life quality through inter-agency working strengthen developing relationships between agencies 1.19 The Local Plan can help to support the aims and priorities of the strategy, by ensuring that all development proposals are considered in terms of their potential to enhance quality of life, including by tackling deprivation, poverty and social exclusion and improving equality of opportunity, and improving the provision of health facilities. Issues related to social exclusion are also considered in relation to policy LS4. 1.20 The Borough Council has also produced a Leisure Strategy and an Arts Strategy for Amber Valley and has contributed to a Cultural Strategy for Derbyshire. The Local Plan can help to support the delivery of these various strategies, by seeking improvements in the provision of leisure and cultural facilities throughout the Borough, particularly in conjunctionwith new housing development. The key elements of these strategies are referred to in more detail in the ‘Leisure and Community Facilities’ chapter, where there are more specific policies designed to address the priorities in the strategies. 1.21 The provision of improved health and leisure facilities should also be seen in terms of their wider benefit in tackling issues relating to community safety (see policy LS2) and in promoting regeneration.       Regeneration 1.22 The Borough Council’s Strategic Objective of ‘Thriving Economy And Employment’ involves policies that seek to make Amber Valley attractive to business, including retailing and manufacturing, encourage tourism and support the rural economy, thereby helping to promote new employment opportunities. 1.23 The Economic and Tourism Development Strategy for Amber Valley (2001) sets out objectives and detailed actions to shape the physical, economic and social development of the Borough up to 2011. Its key objectives refer to:-   diversifying the economy in both urban and rural areas promoting wealth and prosperity through information, communication, technology and heritage creating the infrastructure on which to build a competitive economy developing skills to help local people compete successfully for job opportunities creating a culture of life long learning working in partnership with other agencies to support local businesses developing and promoting Amber Valley as a visitor destination maximising the benefits from external funding 1.24 The Local Plan along with the Economic and Tourism Development Strategy (2001) is the key strategy for achieving economic regeneration. In particular, the Local Plan can ensure that all development proposals are considered in terms of their potential to contribute to the regeneration of the local economy, through the provision of new job opportunities in relation to employment generating uses.       Environment 1.25 The Borough Council’s Strategic Objective of ‘Sustainable Housing And The Environment’ involves policies to both protect and improve the environment. 1.26 The Amber Valley Environmental Strategy (2001) refers to the need to set out specific proposals in relation to health, energy, waste, air quality, noise, water, derelict and contaminated land, transport, development, heritage, wildlife, agriculture and tourism. 1.27 The Local Plan can help to support the objectives of the Environmental Strategy, by ensuring that all development proposals are considered in terms of their potential to contribute to the protection and enhancement of the built and natural environment.       Design 1.28 Planning Policy Statement 1: Delivering Sustainable Communities (PPS1) refers to the need for planning policies to promote high quality inclusive design in the layout of new development and individual buildings, in terms of their function and impact. It also states that design which fails to take the opportunities available for improving the character and quality of an area should not be accepted. 1.29 The Government has also produced advice setting out how good design can be achieved to create attractive, high quality sustainable places in which people will want to live, work, and enjoy their leisure time. ‘By Design’ emphasises the importance of good design in helping to bring rundown and neglected places back to life and the need to recognise that different places require different design solutions. 1.30 The Local Plan can help to promote good design through an overall policy against which all development proposals can be considered. More specific design guidance is given in policies relating to economic, housing and town centre development (policies ER11, H12 and TC9 respectively), within areas where design will be especially critical, including Conservation Areas and the Derwent Valley Mills World Heritage Site (policies EN27 and EN29 respectively) and in a range of Supplementary Planning Guidance.     POLICY LS3 The Borough Council will require development proposals to reflect the principles of good design, by:- a) conserving or enhancing the quality and local distinctiveness of the natural and built environment b) respecting the character of the locality in terms of the scale and nature of development, its layout, density, height, massing, architectural style, materials and landscaping c) taking account of the relationship between the development proposals and neighbouring buildings, and the spaces between and around those buildings   Top   Accessibility 1.31 Government advice in Planning Policy Statement 1: Delivering Sustainable Communities (PPS1)states that development plans should contain clear, comprehensive and inclusive access policies, both in terms of location and external physical access. It also states that such policies should consider people’s diverse needs and aim to break down unnecessary barriers and exclusions in a manner that benefits the entire community. 1.32 The Local Plan can support this objective by ensuring that all development proposals are considered in terms of their accessibility. 1.33 It should also be noted that related legislation under the Disability Discrimination Act 1995 may also have implications for development proposals.     POLICY LS4 Proposals for new development, including those for the alteration or change of use of an existing building, will only be acceptable if the needs of people with disabilities and those of restricted mobility have been taken into account.  The Council may, where appropriate, impose conditions requiring access provision for people with disabilities and, where necessary, will seek to negotiate for adequate provision in terms of site layout, car parking arrangements and public access.   Top   Provision Of Infrastructure And Community Benefits In Conjunction With Development 1.34 There is an increasing reliance on the planning process to secure a wide range of infrastructure and community benefits, in conjunction with development proposals. This reflects the continuing demand for such facilities in a climate of reduced scope for provision through public expenditure. 1.35 The scope to secure such provision, or financial contributions towards provision, in conjunction with development proposals, is provided by Section 106 of the Town and Country Planning Act 1991. This sets out the parameters within which negotiations should be undertaken and is supported by Government advice on the implementation of planning agreements under Section 106, as set out in Circular 5/05: Planning Obligations. This advice states that planning agreements should be relevant to planning, necessary to make the proposed development acceptable in planning terms, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development and reasonable in all other respects. 1.36 Examples of infrastructure or community benefits, which the Borough Council may wish to secure through Section 106 Agreements, are:-   public open space, including children’s play areas and playing fields land drainage infrastructure highway works, including traffic management measures and new road schemes enhancement of existing educational facilities new local shopping and other community facilities affordable housing new facilities and other measures to contribute towards effective town centre management public art provision of community workers to establish and maintain effective community development 1.37 The Local Plan can provide a clear policy basis to guide negotiations with developers in seeking to secure provision of or financial contributions towards infrastructure and community benefits, in conjunction with development proposals. The Borough Council will also need to consider, on a site by site basis, the precise range of provision or financial contributions to be sought in each case.     POLICY LS5 The Borough Council may seek to negotiate Section 106 Agreements with developers to make adequate provision for infrastructure requirements and/or community facilities, the need for which arises directly as a consequence of that development.     top