Welton Neighbourhood Development Plan 2018-2029

Basic Conditions Statement

Welton Parish Council

Welton Neighbourhood Development Plan 2 Basic Conditions Statement

Contents

1. Introduction 4

2. The Legal Requirements 5 • The Qualifying Body • Designation of the Welton Neighbourhood Area • The plan period • Excluded development • Policies that relate to development and use of land • Other neighbourhood areas

3. Meeting the Basic Conditions 7 • Regard to national policies and advice • The achievement of sustainable development • Conformity with the development plan • EU obligations • Strategic Environmental Assessment • Habitats Regulations Assessment • European Convention on Human Rights (ECHR) • Compatibility with European Obligations

4. Conclusion 31

5. Appendices 32 1. Policies in the submitted Welton Neighbourhood Development Plan 2. Screening Report for Strategic Environmental Assessment and Habitats Regulations Assessment prepared by Council (July 2017)

Welton Neighbourhood Development Plan 3 Basic Conditions Statement

1. Introduction

1.1 Welton Parish Council has formally submitted their proposed neighbourhood plan to Daventry District Council.

1.2 When submitting a neighbourhood plan to the relevant local planning authority the legislation requires that the qualifying body also submit a number of other documents to accompany it. One of these is commonly known as a basic conditions statement.

1.3 This statement has therefore been prepared in accordance with the requirements set out in Regulation 15 of the Neighbourhood Planning (General) Regulations 2012. It explains how the submitted Welton Neighbourhood Development Plan meets the basic conditions in paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 and other legal tests. It explains why Welton Parish Council believes the proposed Welton Neighbourhood Development Plan meets these statutory requirements and should thereby proceed to referendum.

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2. The Legal Requirements

2.1 This statement is required to set out how the proposed neighbourhood plan meets the requirements of each legal test. These are set out and addressed below.

The Qualifying Body

2.2 The Welton Neighbourhood Development Plan has been submitted by Welton Parish Council, which is the Qualifying Body for the Welton Neighbourhood Area.

Designation of the Welton Neighbourhood Area

2.3 Welton Parish Council formally applied to Daventry District Council to designate the Neighbourhood Area on 14 January 2016. After earlier consultation with the District Council, the proposed boundary of the Neighbourhood Area followed the Parish boundary with the exception of land at Micklewell Park. This area had recently received planning permission for 450 dwellings. Whilst predominantly in Welton Parish, the site is intended to help meet the overall housing requirement for the adjacent Daventry Town.

2.4 In accordance with Neighbourhood Planning Regulations, the application was publicised on the District Council’s website for the required six-week period and representations invited. The District Council formally approved the Welton Neighbourhood Area on 14 April 2016. The adopted boundary of the designated Welton Neighbourhood Area is indicated below.

Map 1 – The Welton Neighbourhood Area

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The Plan Period

2.5 The Welton Neighbourhood Development Plan will cover the period 2018 to 2029.

2.6 The end date corresponds with the plan period for the adopted West Joint Core Strategy. It is also consistent with the plan period for the emerging Settlements and Countryside (Part 2) Local Plan, and therefore allows consideration of the most up to date evidence base.

Excluded Development

2.7 The submitted neighbourhood plan does not contain any policies that relate to ‘excluded development’.

Policies that relate to development and use of land

2.8 The neighbourhood plan sets out policies that solely relate to the development and use of land in the whole or part of the Welton Neighbourhood Area.

2.9 It includes land use planning policies that can be used in the determination of planning applications.

2.10 Planning Practice Guidance states that wider community aspirations other than those relating to development and use of land can be included in a neighbourhood plan, but actions dealing with non land use matters should be clearly identifiable. These community aspirations have therefore been set out separately in Section 8 of the neighbourhood plan, which is entitled ‘Aspirational Projects’. Here it is made clear that the listed proposals do not form part of the statutory neighbourhood development plan.

Other Neighbourhood Areas

2.11 The plan does not relate to all or any part of another designated neighbourhood area.

2.12 There is no other made neighbourhood plan that covers any part of the Welton Neighbourhood Area.

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3. Meeting the Basic Conditions

3.1 This statement is required to set out how the neighbourhood plan meets the prescribed basic conditions.

3.2 A neighbourhood plan meets the basic conditions if: • it has regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the neighbourhood plan • the making of the neighbourhood plan contributes to the achievement of sustainable development • the making of the neighbourhood plan is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area) • the making of the neighbourhood plan does not breach, and is otherwise compatible with, EU obligations • prescribed conditions are met in relation to the neighbourhood plan and prescribed matters have been complied with in connection with the proposal for the neighbourhood plan.

3.3 The prescribed condition is that the making of the neighbourhood plan is not likely to have a significant effect on a European site (as defined in the Conservation of Habitats and Species Regulations 2012) or a European offshore marine site (as defined in the Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007) (either alone or in combination with other plans or projects).

Regard to national policies and advice

3.4 The National Planning Policy Framework 2012 (hereafter referred to as the Framework) sets out the Government’s main planning policies for and how they are expected to be applied. Further advice can also be found in the Government’s on-line national Planning Practice Guidance (hereafter referred to as Guidance) first published in April 2014.

3.5 The neighbourhood plan has therefore been prepared with regard to national policies as set out in the Framework and is mindful of the associated Guidance.

3.6 The neighbourhood plan has had regard to paragraphs 183 to 185 of the Framework. The local community were instrumental in developing a shared vision for the area and the associated objectives.

3.7 The vision for Welton set out in the proposed neighbourhood plan states:

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In 2029 Welton will be a distinct, sustainable and vibrant rural village completely surrounded by attractive open countryside. It will contain a strong and balanced community that looks after its historical and natural environment. Whilst physically separate from Daventry, there will be good links to the employment opportunities, services and facilities that the town and surrounding area offer.

3.8 To deliver this vision the neighbourhood plan has the following objectives:

1. To support appropriate and affordable small scale residential development in the village 2. To protect the separate identity and setting of the village by preventing coalescence with Daventry 3. To protect and enhance the character of the village and the surrounding rural landscape 4. To maintain and develop the infrastructure to ensure a sustainable and viable community.

3.9 The proposed neighbourhood plan then puts forward policies to deliver the vision and objectives, which will be used to help determine planning applications submitted in the Welton Neighbourhood Area. These policies are collectively intended to ensure that local people get the right type of development for their community.

3.10 Set out in Table 1 below is a brief summary of how each policy in the submitted neighbourhood plan conforms to the Framework. The particular paragraphs referred to in the table are those considered the most relevant to each policy, but are not intended to be an exhaustive list of all relevant paragraphs.

3.11 Although Table 1, and all subsequent tables, only refers to the title of the neighbourhood plan policy, the complete policy wording is listed in Appendix 1.

Table 1 - Conformity to the National Planning Policy Framework

Policy Policy Framework Comment on conformity No Title References in the Neighbourhood Plan The Core Planning The plan has empowered local people to shape Overall Principles - Para 17 their surroundings with a succinct document that Plan sets out a positive vision for the future. The plan is up to date and based on joint working and cooperation, especially with Daventry District Council. It provides a practical framework within which planning decisions can be made with predictability and efficiency.

Furthermore the plan has tried to be creative in finding ways to enhance and improve the places in which people live their lives.

Effort has been made to objectively identify and

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meet the housing need, and secure high quality design.

The neighbourhood plan encourages the effective re-use of land.

It also takes account of the need to improve health, social and cultural well-being for all, and addresses community facilities and services to meet local need.

Neighbourhood The local community were engaged in Plans – Paras 183 to developing a shared vision for their area and 185 deliver the sustainable development they need.

The proposed neighbourhood plan sets out planning policies to help decision making on planning applications.

It ensures that local people get the right type of development for their community. It has also been prepared to align with the strategic needs of the wider District, especially Daventry town, and conforms to the development plan for the area. It is also mindful of the emerging Local Plan. The neighbourhood plan does not undermine these strategic planning policies.

Outside of these strategic elements the proposed neighbourhood plan has brought forward policies that shape and direct sustainable development. 1. Residential Core Planning The neighbourhood plan seeks to secure high Development Principles - Para 17 quality design and a good standard of amenity. within Welton Section 6 – Para 47 The Parish Council has worked closely with Daventry District Council to establish the housing need in the rural areas based on the adopted Joint Core Strategy. The five year land supply forms part of the neighbourhood plan evidence base.

Section 7 – Para 56 The neighbourhood plan highlights the need for good design.

Section 7 – Para 58 The neighbourhood plan sets out the quality of the development that will be expected, identifying the required characteristics. This includes incorporating local character and history in the design using the findings of the character area assessment.

Section 7 – Para 60 The neighbourhood plan seeks to encourage local distinctiveness.

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Section 11 – Para 109 The neighbourhood plan seeks to protect the surrounding valued landscape.

Section 11 – Para 113 By insisting that development is within the existing village confine, the neighbourhood plan seeks to recognise the surrounding attractive landscape.

Section 12 – Para 126 The neighbourhood plan recognises the importance of heritage assets.

Section 12 – Para 131 The neighbourhood plan requires development to reflect local character and distinctiveness using the character area assessment. 2. Rural Exception Section 6 – Para 50 The neighbourhood plan has utilised the District Sites and Para 159 on wide housing figures as part of the evidence Local Plans base, especially the requirements in the defined rural area. The neighbourhood plan has also incorporated the results of a bespoke housing needs survey undertaken by the District Council, which addressed the specific need for affordable homes in the parish. 3. Sustainable Section entitled The neighbourhood plan recognises that the Development Achieving purpose of the planning system is to contribute Sustainable to the achievement of sustainable development Development – Paras (see next section). In accordance with the 6-10 Framework the neighbourhood plan notes that local circumstances need to be taken into account. So whilst supporting sustainable development within the District, regard should still be had to the characteristics and vernacular of the area to maintain its local distinctiveness. 4. Preventing Core Planning The neighbourhood plan also recognises the Coalescence Principles – Para 17 intrinsic value and beauty of the surrounding countryside. It also conserves local heritage assets.

Section 11 – Paras 109 The neighbourhood plan highlights the need to protect the surrounding valued landscape and natural environment.

Section 12 – Para 131 The neighbourhood plan requires development to reflect local character and distinctiveness 5. Heritage Assets Core Planning In accordance with the Framework the Principles - Para 17 neighbourhood plan seeks to conserve heritage assets in the neighbourhood area.

Section 12 – Para 126 The neighbourhood plan adopts a positive approach to conservation and enjoyment of the historic environment in the village. Interpretation of the historic environment is welcomed.

Section 12 – Para 131 The neighbourhood plan requires development to reflect local character and distinctiveness.

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6. Local Green Section 8 – Para 75 The neighbourhood plan seeks to protect and Space enhance existing open spaces.

Section 8 – Para 76 The neighbourhood plan designates Local Green to 78. Spaces where new development is ruled out other than in very special circumstances. It acknowledges that the designation will not be appropriate for most open spaces. All the designations are in or close to the village community they serve. They hold a special local significance but are not extensive tracts of land. 7. Trees and Core Planning The neighbourhood plan seeks to conserve and Hedgerows Principles - Para 17 enhance the natural environment.

Para 118 This states that planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees unless the need for development in that location clearly outweigh the loss. 8. Important Views Section 11 – Para 109 The neighbourhood plan seeks to protect the surrounding valued landscape.

Section 11 – Para 113 The listed important views define those of particular merit that are sensitive to development. 9. Open Core Planning The neighbourhood plan recognises the intrinsic Countryside Principles - Para 17 value and beauty of the surrounding countryside. It also conserves local heritage assets.

Section 11 – Para 109 The neighbourhood plan seeks to protect the surrounding valued landscape.

Section 11 – Para 123 The Framework endorses the need to protect areas of tranquillity. 10. Canals and their Achieving The neighbourhood plan seeks to achieve Setting sustainable sustainable development by protecting and development – Para enhancing the historic environment, most 7 notably the canal and its associated buildings.

Core Planning In accordance with the Framework the Principles - Para 17 neighbourhood plan seeks to conserve heritage assets in the neighbourhood area.

Section 12 – Para 126 The neighbourhood plan adopts a positive approach to conservation and enjoyment of the historic environment in the village. Interpretation of the historic environment is welcomed in the neighbourhood plan.

Section 12 – Para 131 The neighbourhood plan requires development to reflect local character and distinctiveness.

Section 12 – Para 128 The neighbourhood plan attaches weight to and Para 132 conserving the village’s most important heritage

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assets. 11. Local Services Section 3 - Para 28 The neighbourhood plan also promotes the and Community retention and development of local services and Facilities community facilities in the village, such as meeting spaces, outdoor recreational venue, public house and place of worship.

Section 8 - Para 69 The neighbourhood plan would like to encourage social interaction and create healthy, inclusive communities. It also says that access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.

Section 8 – Para 70 The neighbourhood plan seeks to guard against the loss of valued services and facilities. It also supports development that would improve certain key services such as the village centre, library, schools, public transport, shops, etc.

Section 8 – Para 74 The plan seeks to protect existing open space, sport and recreational facilities. 12. Communications Section 5 – Paras 42 In accordance with the Framework the Infrastructure and 43 neighbourhood plan highlights the importance of superfast broadband in rural areas. It supports the premise that the development of high speed broadband technology and other communications networks plays a vital role in enhancing the provision of local community facilities and services as well as home working. 13. Traffic Section 4 – Paras 30 The neighbourhood plan seeks to encourage Management to 32 traffic management measures that improve access and safety within the area, providing they are in-keeping with the character of the area. 14. Traffic Links to Section 4 – Paras 35 The neighbourhood plan seeks to promote Daventry sustainable transport between the village and Daventry that should improve accessibility to services and facilities but reduce vehicle movements. 15. Business Core Planning The policy supports sustainable economic Development Principles - Para 17 development.

Section 3 - Para 28 The plan supports economic growth in this rural area to create jobs and prosperity. It encourages sustainable growth and expansion in well designed new buildings that are in-keeping with the locality.

3.12 It is therefore believed that the proposed neighbourhood plan has had appropriate regard to the Framework.

3.13 The group is not aware of any other relevant national policies and advice that the submitted neighbourhood plan should have had particular regard to.

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The achievement of sustainable development

3.14 The Framework states that the purpose of the planning system is to contribute towards the achievement of sustainable development. The Framework adds that there are three dimensions of sustainable development: economic, social and environmental. It adds that gains should be sought jointly and simultaneously for each of these dimensions through the planning system.

3.15 The basic conditions require that a neighbourhood plan should contribute to the achievement of sustainable development. The table below assesses each of the policies in the proposed neighbourhood plan in terms of how they will deliver sustainable development against the three aforementioned dimensions of sustainability. Symbols are used to categorise the impact and to demonstrate whether the potential impacts of the policy are: • very positive (++); • positive (+); • neutral (0); • negative (-); or • very negative (--).

Table 2 - Achievement of Sustainable Development

Policy Policy Social Economic Environmental Comment on achieving No Title Factors Factors Factors Sustainable Development 1. Residential * 0 ** The neighbourhood plan Development seeks to restrict within Welton development to being within the village confines to protect surrounding countryside and ensure it is in-keeping with existing historic character. 2. Rural Exception ** 0 0 The neighbourhood plan Sites seeks to ensure there is a local connection to any affordable properties. 3. Sustainable ** * ** This neighbourhood plan Development seeks to support development that incorporates features to address climate change in its design. 4. Preventing ** 0 ** The neighbourhood plan Coalescence seeks to protect the distinctive character and separate nature of the village. The neighbourhood plan protects the open gap

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between the village and Daventry to retain their individual identity and setting. 5. Heritage Assets * * ** The neighbourhood plan seeks to maintain the integrity of the historic environment and positively contributes to the achievement of sustainable development. There is also a wish to see it promoted with the addition of interpretation information. 6. Local Green * 0 ** The designated areas provide Space opportunities for formal and informal recreation. The proposed Local Green Spaces also have a wider community value and provide opportunities for social interaction as well as health and well-being. 7. Trees and 0 0 ** Trees not only soften the Hedgerows built environment, they are integral in the surrounding rural landscape. They also provide a valuable wildlife habitat and improve air quality. 8. Important Views ** 0 * A strong message to emerge from the local community engagement was the need to ‘feel’ rural and not become a suburb of Daventry. Views of the surrounding countryside help facilitate this, reminding the community of the countryside beyond the village. Views of important buildings within the village are also recognised to protect their setting. Finally how the village sits in the surrounding landscape is also captured. 9. Open ** 0 ** In view of the quality of the Countryside surrounding countryside and its sensitivity to development, the neighbourhood plan seeks to restrict any proposals to appropriate rural activities. The neighbourhood plan

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highlights the importance of restricting noise and maintaining tranquillity, as well as the character and beauty of the landscape. 10. Canals and their * * ** The neighbourhood plan Setting seeks to protect and enhance the Canal Conservation Area by ensuring that any development is sensitive to the historic character of the area. 11. Local Services ** 0 0 The neighbourhood plan and Community seeks to protect existing Facilities services and facilities used by the community to ensure the long term sustainability of the village and reduce the need to travel elsewhere. 12. Communications * ** * The neighbourhood plan Infrastructure seeks faster broadband for local businesses, including those residents who work from home. It also allows residents to better access some services and facilities on-line, and is thereby more inclusive. 13. Traffic * 0 * The neighbourhood plan Management should improve health and well-being in the village. 14. Traffic Links to * * * A restored and improved Daventry public transport system should improve accessibility for all and reduce car journeys. 15. Business * * * The neighbourhood plan Development facilities appropriate economic development subject to environmental considerations.

3.16 In conclusion this information demonstrates that overall the neighbourhood plan plan’s policies positively contribute to the achievement of sustainable development.

Conformity with the Development Plan

3.17 A neighbourhood plan must also be in general conformity with the strategic policies of the development plan for the area.

3.18 The development plan for the area includes:

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• saved policies in the Daventry District Local Plan adopted in 1997; and • the Joint Core Strategy adopted in 2014.

3.19 The Daventry District Local Plan sets out the Council’s policies and proposals for guiding the development and use of land in the District. Policies in the submitted neighbourhood plan are assessed below against the relevant saved policies.

Table 3 - Conformity with the Daventry District Local Plan (1997)

NP NP Policy Saved Policy in Local Plan Comment on Conformity Policy Title 1. Residential Policy GN1 The neighbourhood plan limits Development development in the village and protects within Welton and enhances the environment.

Policy GN2 The neighbourhood plan seeks to protect local amenities and the environment.

Policy HS22 The Local Plan categorises Welton as a ‘restricted infill village’. The Local Plan states that planning permission will normally be granted for residential development provided that: it is on a small scale; is within the existing confines of the village; and does not affect open land which is of particular significance to the form and character of the village. The neighbourhood plan echoes this approach and is therefore in general conformity with the saved policy.

Policy EN42 The neighbourhood plan also requests that development reinforces local distinctiveness, enhances the surroundings and takes account of local building traditions and materials.

Policy EN18 The Local Plan supports the redevelopment, renovation and conversion of existing buildings within villages subject to meeting certain listed criteria. 2. Rural Exception Not appropriate The previous saved policies in the Sites Daventry Local Plan that related to affordable housing were replaced by Policies H2 and H3 in the Joint Core Strategy (see below). 3. Sustainable Not covered in the Local Plan Development 4. Preventing Policy HS11 The Local Plan stipulates that

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Coalescence development should not affect open land which is of particular significance to the form and character of the village. This is in accordance with the neighbourhood plan approach. 5. Heritage Assets Policy GN2 The neighbourhood plan seeks to support development that will not adversely affect a building listed as being of architectural or historic interest as well as their setting. 6. Local Green Policy HS11 The Local Plan stipulates that Space development should not affect open land which is of particular significance to the form and character of the village.

Policy RC2 (Not saved) The Local Plan also sought to retain existing open space. However this has been superseded by Policy RC2 in the Joint Core Strategy. 7. Trees and Policy GN1 The neighbourhood plan safeguards the Hedgerows natural resources of the District.

Policy EN25 The neighbourhood plan also seeks the protection and incorporation of existing trees, hedges and other features of the site together with proposals for new planting that respects the unique distinctiveness of a development site. 8. Important Views No covered in the Local Plan 9. Open Policy GN1 The Local Plan restrains development in Countryside the open countryside.

Policy EN19 The Local Plan supports the principle that permission will be granted for the conversion of rural buildings provided that their form, bulk and general design are in keeping with their surroundings

Policy HS24 The Local Plan states that planning permission will not be granted for residential development in the open countryside other than the re-use or conversion of existing buildings, essential for the purposes of agriculture or forestry, or the replacement of an existing dwelling. 10. Canals and their Policy GN2 The neighbourhood plan seeks to Setting support development that will not adversely affect the Canal Conservation Area and its setting. The neighbourhood plan also seeks to support development that will not adversely affect a building listed as being of architectural or historic

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interest and their setting.

Policy EN2 The neighbourhood plan endorses the need to protect the Canal Conservation Area. 11. Local Services Policy RT8 The Local Plan states that planning and Community permission will not normally be granted Facilities for the change of use of existing facilities except where it can be clearly demonstrated that the business is no longer commercially viable and that all possible means of retaining the facility have been explored. 12. Communications Not covered in the Local Plan Infrastructure al Services and Community Facilities 13. Traffic Policy GN2 The Local Plan stipulates that Management development must be: of a type, scale and design in keeping with the locality and does not detract from its amenities; has satisfactory means of access and has sufficient parking facilities; and will not have an adverse impact on the road network. The neighbourhood plan conforms to this policy stance. 14. Traffic Links to Not covered in the Local Plan Daventry 15. Business Policy EM11 The Local Plan states that in a restricted Development infill village planning permission for new business and industrial development will normally be granted provided the scale and character of the proposal reflects the residential nature of the surroundings. The neighbourhood plan is in general conformity with this approach.

Policy EM12 The Local Plan states that in a restricted infill village planning permission for new business and industrial development will normally be granted provided it is within the existing confines of the village. The neighbourhood plan is in conformity with this policy stance.

Policy EM16 The Local Plan says that planning permission will not normally be granted for business and general industrial development in the hamlets and open countryside.

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3.20 The West Northamptonshire Joint Core Strategy covers , District, and Daventry District. It sets out the long term vision and objectives for this sub-region up to 2029, and includes strategic policies for steering and shaping development needs. Policies in the submitted neighbourhood plan are assessed below against the relevant policies in the adopted Core Strategy.

Table 4 - Conformity with the West Northamptonshire Joint Core Strategy (2014)

NP NP Policy Policy in Joint Core Strategy Comment on Conformity Policy Title Residential Policy S1 – The Distribution of The Strategy stipulates that new Development Development development in the rural areas will be within Welton limited with the emphasis being on enhancing and maintaining the distinctive character and vitality of rural communities. The neighbourhood plan echoes this approach.

Policy S10 – Sustainable Development The neighbourhood plan advocates that Principles development should incorporate environmental features such as energy efficiency. The Strategy also states that development should be designed to improve environmental performance, energy efficiency and adapt to a changing climate.

Policy R1 – Spatial Strategy for the Rural The Strategy says that residential Areas development in rural areas will be required to: A. provide for an appropriate mix of dwelling types and sizes, including affordable housing to meet the needs of all sectors of the community, including the elderly and vulnerable; and not affect open land which is of particular significance to the form and character of the village; B. preserve and enhance historic buildings and areas of historic or environmental importance; C. protect the amenity of existing residents; D. be of an appropriate scale to the existing settlement; E. promote sustainable development that equally addresses economic, social and environmental issues; and F. be within the existing confines of

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the village.

These general principles are echoed in the neighbourhood plan. 2. Rural Exception Policy H3 – Rural Exception Sites The neighbourhood plan is considered Sites to be in general conformity with the Strategy by supporting the provision of affordable housing in rural areas.

Policy R1 – Spatial Strategy for the Rural The neighbourhood plan is considered Areas to be in general conformity with the Strategy by virtue of it requiring prioritisation to those with a local connection. 3. Sustainable Policy S10 – Sustainable Development The Strategy sets out sustainable Development Principles development principles, which the neighbourhood plan conforms to.

Policy S11 – Low Carbon and Renewable The Strategy supports a move towards Energy a low carbon economy and renewable energy, to which the neighbourhood plan is in conformity. 4. Preventing Policy S10 - Sustainable Development The Strategy’s sustainable development Coalescence Principles principles require good design that creates a strong sense of place.

Policy BN5 – The Historic Environment The Strategy also seeks to protect, and Landscape conserve and enhance the built environment and heritage assets and their settings. The neighbourhood plan is in general conformity with the Strategy as it protects the separate character of Welton village. It also conserves the historic environment and landscape 5. Heritage Assets Policy BN5 - The Historic Environment The Strategy states that designated and and Landscape non-designated heritage assets and their settings and landscapes will be conserved and enhanced in recognition of their individual and cumulative significance and contribution to local distinctiveness and sense of place. 6. Local Green Policy RC2 – Community Needs The Strategy states that the loss of Space existing community facilities including built sport facilities and areas of open space will be resisted. 7. Trees and Policy BN3 – Woodland Enhancement The Strategy says that the protection of Hedgerows and Creation aged or veteran trees outside ancient woodlands will be supported. Development that would lead to further fragmentation or result in a loss of ancient woodland, aged and veteran trees will not be permitted unless the need for, and benefits of, the

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development in that location clearly outweigh the loss. 8. Important Views Policy S10 – Sustainable Development The neighbourhood plan is considered Principles to be in general conformity with the Strategy as it promotes sustainable development principles and protects the historic setting of the village.

Policy BN5 - The Historic Environment The Strategy says that development in and Landscape areas of landscape sensitivity will be required to be sympathetic to locally distinctive landscape features. The neighbourhood plan conforms to this. 9. Open Policy S1 – The Distribution of The Strategy emphasises that new Countryside Development development in the rural areas will be limited with the emphasis being on respecting the quality of tranquillity. The neighbourhood plan similarly protects the tranquillity of the area.

Policy R1 – Spatial Strategy for the Rural The Strategy says that development Areas outside the existing confines will be permitted where it involves the re-use of buildings or, in exceptional circumstances, where it will enhance or maintain the vitality of rural communities or would contribute towards and improve the local economy. The neighbourhood plan re- iterates these principles.

Policy BN1 – Green Infrastructure This policy seeks to protect open space Connections corridors. 10. Canals and their Policy S10 – Sustainable Development The Strategy highlights how the canal Setting Principles and Policy BN5 – The Historic network provides a historic, cultural, Environment and Landscape recreational and wildlife asset. It adds that the local economy of villages within the rural areas can be benefited by rural tourism associated with countryside recreation including the network of canals and historic visitor sites. They also contribute to the green infrastructure network. The neighbourhood plan is thereby considered to be in conformity with the Strategy regarding protecting the character of the Canal Conservation Area. 11. Local Services Policy RC2 – Community Needs The Strategy states that the loss of and Community existing community facilities will be Facilities resisted unless certain criteria can be met. The neighbourhood plan is considered to be in general conformity with the Strategy.

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Policy R2 – Rural Economy The neighbourhood plan seeks to sustain and enhance the rural economy. 12. Communications Policy C1 – Changing Behaviour and The Strategy states that new Infrastructure Achieving Modal Shift development should enable access to superfast broadband and speeds of at least 30 megabits per second. It adds that information communication networks, such as superfast broadband, will be supported across the whole of West Northamptonshire to reduce the need to travel. The neighbourhood plan is in conformity with this policy stance. 13. Traffic Policy R3 The policy in the Strategy deals with Management improved accessibility and sustainable transport within rural areas and the avoidance of congestion and 'rat running'. 14. Traffic Links to Policy C1 The Strategy seeks to change behaviour Daventry and achieve modal shift. This includes transport schemes that will contribute to behavioural change by provide access by walking, cycling and public transport to key facilities and services.

Policy C4 The Strategy encourages more sustainable means of transport for all users including those who travel into and those who travel out of the village for education. 15. Business Policy S1 The Strategy states that new Development development in the rural areas will be limited with the emphasis being on strengthening rural enterprise and linkages between settlements and their hinterlands.

Policy R1 The Strategy adds that development outside the existing confines will be permitted in exceptional circumstances if it enhances or maintains the vitality of rural communities or would contribute towards and improve the local economy.

Policy R2 The Strategy says that proposals which sustain and enhance the rural economy by creating or safeguarding jobs and businesses will be supported where they are of an appropriate scale for their location, respect the environmental quality and character of the rural area and protect the best and most versatile agricultural land. The neighbourhood plan is therefore

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considered to be in conformity with the Strategy.

Conformity with the Development Plan

3.21 The above tables demonstrate that the overall neighbourhood plan and its individual policies are in general conformity with the strategic policies in the development plan.

Emerging Local Plan

3.22 Daventry District Council has started work on preparing the Settlements and Countryside (Part 2) Local Plan. This document will contain detailed guidance to help shape local decision-making on future planning issues across the District. It will set out where new homes could go to meet future housing need. It will also indicate the best locations for new businesses to create employment opportunities. The emerging Local Plan will help determine which areas should be protected from development and contains policies to protect the District’s distinctive landscapes, biodiversity and history - as well as its leisure facilities and green spaces. When this document is adopted, it will sit alongside the West Northamptonshire Joint Core Strategy and made Neighbourhood Development Plans.

3.23 Regulation 18 consultation on the draft plan took place in November 2017-January 2018. Following consultation on this document the District Council will consider the responses received before consulting on a proposed submission version in summer 2018. This will be followed by an examination of the plan by an Inspector appointed by the Secretary of State. The District Council anticipate that the emerging Local Plan will be adopted in the summer of 2019.

3.24 The basic condition only requires a neighbourhood plan to be in general conformity with the adopted documents that comprise the development plan for the area. It does not test the neighbourhood plan against the policies in an emerging Local Plan. However Guidance states that the reasoning and evidence informing the preparation of a Local Plan is likely to be relevant to the consideration of the basic conditions against which a neighbourhood plan is tested. It is therefore considered good practice to have regard to any emerging Local Plan and any associated up-to-date evidence base supporting its preparation.

3.25 As far as possible the neighbourhood plan has been mindful of the emerging Local Plan and the background evidence that has supported its preparation. However the Local Plan is still at a relatively early stage in its preparation. Nevertheless the following table sets out how each policy in the submitted neighbourhood plan is in general conformity with the appropriate strategic policies in the emerging Local Plan.

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Table 5 - Conformity with the Emerging Settlements and Countryside Local Plan (Consultation Draft - December 2017)

NP NP Policy Emerging Draft Plan Comment on Conformity Policy Title General NP1 – Community led planning and The Local Plan states that the District neighbourhood development planning Council will support and work with communities engaged in community-led planning activities, including neighbourhood development plans.

For the purpose of meeting the basic condition, the strategic policies of the Local Plan are set out in Appendix F. Though not yet adopted, the preparation of the neighbourhood plan has been mindful of these as they have emerged and the information base that supports them.

The Local Plan states that neighbourhood plans should contain policies to address identified local issues and will be expected to be supported by appropriate proportionate evidence. The Welton Neighbourhood Plan has done this.

The Local Plan states that all neighbourhood plans should include proposals for monitoring and review. Section 9 of the neighbourhood plan deals with this specific issue. 1. Residential SP1 – Daventry District Spatial Strategy The Local Plan protects and enhances Development existing services and facilities within the within Welton District’s villages though allowing limited development to meet any identified housing needs. Policy 1 in the neighbourhood plan allows limited development.

RA3 – Other Villages Welton is identified as an ‘Other Village’ in the settlement hierarchy. The Local Plan states that development in such villages should be located within the confines of the village. Policy 1 in the neighbourhood plan states the same. The Local Plan adds that development in ‘Other Villages’ should meet certain criteria including being small scale and protect the form, character and setting of the village. Policy 1 in the neighbourhood plan echoes this approach.

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HO7 – Housing Mix and Type The Local Plan states that housing needs will be met by development providing a mix of dwelling type and size to cater for needs. This will contribute to the creation of sustainable mixed and inclusive communities. The neighbourhood plan also seeks a mix that meets local needs.

ENV11 - Design The Local Plan states that development should be high quality, promoting local distinctiveness and local building traditions and materials. The neighbourhood plan cross refers to the character area assessment and the need for development to have regard to it. 2. Rural Exception HO6 – Rural Exception Site Selection The Local Plan expands upon policies Sites H3 and R1 in the Joint Core Strategy. It says that when considering proposals for rural exception sites that meet the needs of more than one settlement, priority will be given to sites in the settlement that is in the highest category in the hierarchy. 3. Sustainable ENV10 – Renewable Energy and Low The Local Plan states that proposals for Development Carbon Development renewable energy development will be supported where they do not have an adverse impact on the form, character and setting of an existing settlement. Policy 3 in the neighbourhood plan supports all development that addresses climate change providing it is in-keeping with the Character Area with regards to scale, layout and materials. 4. Preventing HO2 – Daventry Micklewell Park The Local Plan allocates a site for 180 Coalescence dwellings as an extension to the Micklewell Park development. It adds that structural green space and wildlife corridors should protect and enhance the Conservation Area and include appropriate landscape buffers to mitigate the impact on the setting of Welton village. The Local Plan states that the development should retain an area of Green Wedge to the north and east of the site. The supporting justification adds that the development protects the setting of Welton village and avoids settlement coalescence.

ENV3 – Green Wedge The Local Plan protects areas of ‘Green Wedge’ in order to protect the identity,

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character and setting of settlements within the areas that fringe Daventry. Proposals within the Green Wedges will be required to maintain the physical and visual separation between settlements. One such Green Wedge is proposed between Daventry and Welton.

ENV1 – Landscape The Local Plan supports proposals that maintain the distinctive character and quality of the District’s landscapes, including physical and visual coalescence between settlements.

All of these policies recognise the importance of the strategic open gap between Daventry and Welton to prevent coalescence, as stipulated in Policy 4 of the neighbourhood plan. 5. Heritage Assets ENV8 – Historic Environment The Local Plan and neighbourhood plan seek to conserve and enhance the historic environment. 6. Local Green CF1 - Health and Well-being The Local Plan seeks to promote health Space and wellbeing, as well as active and healthier lifestyles for all age groups. It therefore supports the protection, management and enhancement of existing sport and recreation facilities, green infrastructure, and open spaces. 7. Trees and ENV1 – Landscape The Local Plan supports proposals that Hedgerows maintain the distinctive character and quality of the District’s landscapes. 8. Important Views ENV8 – Historic Environment The Local Plan also intends to preserve or enhance key views of heritage assets. 9. Open RA5 – Open Countryside The Local Plan states that the intrinsic Countryside character, beauty and tranquillity of the countryside will be protected. In the open countryside outside the confines of villages, only certain forms of development will be supported. 10. Canals and their ENV8 – Historic Environment The Local Plan and neighbourhood plan Setting seek to support proposals affecting conservation areas that would conserve and where appropriate, enhance those elements that have been identified as making a positive contribution to the character and special architectural or historic interest of the area. 11. Local Services CF1 – Health and Well-being To promote health and wellbeing the and Community Local Plan seeks to protect, manage Facilities and enhance of existing sport and recreation facilities, community and

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village halls and open spaces.

CF3 – Protecting Local Retail Services In order to ensure the economic and and Public Houses social sustainability of communities, local retail services and public houses are also to be protected in the Local Plan. 12. Communications No relevant policy Infrastructure 13. Traffic No relevant policy Management 14. Traffic Links to Policy CF1 To promote health and well-being the Daventry emerging Local Plan generally encourages sustainable links to the wider community, jobs, facilities and countryside. 15. Business Policy RA3 Welton is identified as an ‘Other Village’ Development in the settlement hierarchy. The Local Plan states that development in such villages should be located within the confines of the village. Policy 1 in the neighbourhood plan states the same. The Local Plan adds that development in ‘Other Villages’ should meet certain criteria including being small scale and protect the form, character and setting of the village. Policy 15 in the neighbourhood plan echoes this approach.

3.26 The above table demonstrates that the overall neighbourhood plan and its individual policies has had regard to the emerging Settlements and Countryside Local Plan.

European Obligations

3.27 A neighbourhood plan must be compatible with European Union (EU) obligations, as incorporated into law, in order to be legally compliant. A number of EU obligations may be of relevance including: • Directives 2001/42/EC (Strategic Environmental Assessment) • 2011/92/EU (Environmental Impact Assessment) • 92/43/EEC (Habitats) • 2009/147/EC (Wild Birds) • 2008/98/EC (Waste) • 2008/50/EC (Air Quality) • 2000/60/EC (Water).

3.28 Guidance indicates that it is the responsibility of local planning authorities to ensure that a neighbourhood plan is compatible with EU obligations (including obligations under the Strategic Environmental Assessment Directive) when it takes the decision on: a. whether the plan should proceed to referendum; and

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b. whether or not to make the plan.

Strategic Environmental Assessment

3.29 Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment is particularly relevant. Its purpose is to provide a high level of protection of the environment by incorporating environmental considerations into the process of preparing plans and programmes. This Directive is commonly referred to as the Strategic Environment Assessment (SEA) Directive. The Directive is transposed into UK law through the Environmental Assessment of Plans and Programmes Regulations 2004.

3.30 If the neighbourhood plan is likely to have significant environmental effects it may require a Strategic Environmental Assessment in order to meet these EU obligations. The Parish Council thereby asked the District Council to undertake a screening opinion to ascertain whether the scope of the neighbourhood plan necessitated the preparation of a Strategic Environmental Assessment.

3.31 A screening opinion was subsequently undertaken by the District Council, which was published in July 2017. This report is attached as Appendix 2.

3.32 After consultation with the various agencies the District Council’s Screening Report concluded that:

5.2 A screening assessment to determine the need for a SEA in line with regulations and guidance was undertaken and can be found in section 4 of this report. The assessment finds that no significant effects will occur as a result of the implementation of the Welton Neighbourhood Plan. The assessment also finds many of the policies are in conformity with the policies of the West Northamptonshire Joint Core Strategy which have been subject to a full SA/SEA where no significant effects were identified.

5.3 Consequently from the findings of the screening assessment it is recommended that a full SEA does not need to be undertaken for the Welton Neighbourhood Plan. Through consultation with the statutory bodies responses were received from The Environment Agency, Natural England and Historic England (set out in Appendix E). None of these statutory bodies raised concerns regarding SEA.

3.33 The Welton Neighbourhood Development Plan does not therefore require a Strategic Environmental Assessment.

Habitats Regulations Assessment

3.34 Directive 92/43/EEC on the conservation of natural habitats, commonly referred to as the Habitats Directive, is also of relevance to meeting the basic conditions. A Habitats

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Regulations Assessment (HRA) identifies whether a plan is likely to have a significant effect on a European site, either alone or in combination with other plans or projects. The assessment determines whether significant effects on a European site can be ruled out on the basis of objective information.

3.35 The prescribed condition states that the ‘making’ of the neighbourhood plan is not likely to have a significant effect on a European site (as defined in the Conservation of Habitats and Species Regulations 2012).

3.36 Further to the screening of the Welton Neighbourhood Plans with regard to SEA requirements, the District Council also assessed the likelihood of any proposals within it would have an adverse impact on any internationally designated wildlife sites. The report concluded that:

5.5 A screening assessment to determine the need for HRA in line with regulations and guidance was undertaken and is set out in appendix A of this report and summarised in response to question 4 in table 1. It has found that many of the policies are in conformity with the policies of the West Northamptonshire Joint Core Strategy which was subject to full HRA which found no significant or in combination effects. It is considered that due to the plan demonstrating conformity with the West Northamptonshire Joint Core Strategy that it will not result in any significant effects, alone or in combination, upon the Upper Nene Valley Gravel Pits SPA/RAMSAR or the Rutland Water SPA/RAMSAR sites.

5.6 Consequently from the findings of the screening assessment it is recommended that a full HRA does not need to be undertaken for the Welton Neighbourhood Plan. This has been confirmed through the responses from Historic England, Natural England and The Environment Agency set out in Appendix E.

3.37 The Welton Neighbourhood Development Plan does not therefore require an Appropriate Assessment under the EU Habitats Regulations.

European Convention on Human Rights (ECHR)

3.38 The Human Rights Act contains a number of articles which are potentially relevant to neighbourhood planning such as: • the right to respect for private and family life; • freedom of expression; and • prohibition of discrimination.

3.39 For example all sections of the community should be given the opportunity to get involved in preparing the plan and express their views on it.

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3.40 As part of the preparation of the neighbourhood plan both non statutory and statutory consultations have been carried out in such a way that all sections of the local community have been given ample opportunity to express their views and influence the content. The group were constantly mindful of the need to engage all sections of the local community and applied different consultation techniques accordingly. These initiatives are documented in the accompanying consultation statement.

3.41 The Parish Council confirm that the neighbourhood plan has been prepared to represent the views of the whole community.

3.42 It is therefore believed that the neighbourhood plan has had appropriate regard to the fundamental rights and freedoms guaranteed under the European Convention on Human Rights and complies with the Human Rights Act 1998.

Equalities

3.43 The preparation of the neighbourhood plan has had due regard to the provisions of Section 149(1) of the Equalities Act 2010 and the Parish Council is not aware of any discrimination, harassment, victimisation or any other conduct that is prohibited by or under this Act.

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4. Conclusion

4.1 In accordance with paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 this statement demonstrates that the proposed Welton Neighbourhood Development Plan prepared by Welton Parish Council meets the requirements of each basic condition and the other legal tests.

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Appendix 1

Policies in the Welton Neighbourhood Development Plan (as submitted to Daventry District Council)

Policy 1 – Residential Development within Welton

Proposals for residential development will be supported providing that all the following criteria are met: a) it is within the village confines; b) it is on a small scale; c) it is in accordance with Policy R1 of the West Northamptonshire Joint Core Strategy; d) it includes homes that potentially address the needs of elderly residents seeking to downsize or those seeking lower cost affordable housing; e) it is in keeping with its Character Area with regards to scale, layout and materials to retain local distinctiveness and create a sense of place. Where new development would be visible from an adjacent Character Area it should be sensitive to the principal characteristics of that area. Innovative or outstanding design will be supported if it raises the overall quality of the Character Area; f) it does not affect open land which is of particular significance to the form and character of the settlement; and g) there is adequate off road parking provision.

The boundary of the village confine is shown on Proposals Map 1.

Policy 2 – Rural Exception Sites

Proposals for affordable housing on a rural exception site will be supported providing they are: a) in accordance with Policy H3 of the West Northamptonshire Joint Core Strategy; b) justified by evidence of need through the most up-to-date local housing needs survey for Welton; c) Prioritised for those with a local connection as prescribed in Daventry District Council’s Supplementary Planning Document.

Policy 3 – Sustainable Development

Proposals for development that incorporate features that address the challenges of climate change will be supported providing they are in-keeping with the Character Area with regards to scale, layout and materials. These features will include sustainable drainage and porous/permeable surfacing for drives. Energy efficiency in capture and usage should also be promoted.

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Policy 4 – Preventing Coalescence

Development proposals should respect the individual and distinct identities of Welton village and Daventry and the open gap between them. Development will not be permitted if individually or cumulatively, it would result in the loss of the visual and physical separation of these settlements, which would harm their setting and identity or lead to their coalescence.

Policy 5 – Heritage Assets

A proposal for development will be supported provided that: a) it preserves or enhances designated heritage assets and their setting including listed buildings, the Canal Conservation Area, scheduled monuments and other designated and non-designated heritage assets above and below ground; b) its impact and contribution to local distinctiveness, character and sense of place is acceptable; and c) it has regard to the Character Assessment.

Proposals that sensitively promote and interpret heritage assets will be supported.

Policy 6 – Local Green Space

The following areas are designated as Local Green Space: a) The Playing Field b) St Martin’s Spinney

Proposals for development that are incompatible with the importance of a Local Green Space as an attractive, publicly accessible area will not be allowed unless there are very special circumstances where the benefits of development clearly outweigh its loss or any harm caused by such development.

The boundaries of the Local Green Spaces are shown on Proposals Map 2.

Policy 7 – Trees and Hedgerows

When considering development proposals mature trees, woodlands and important hedgerows should be protected wherever possible. Development that will result in the loss or damage to protected trees and woodlands will not be permitted unless a satisfactory scheme for the replacement of lost trees or mitigation of damage to the landscape is agreed.

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Policy 8 – Important Views

Any development proposals must ensure that the openness and key features of these important views can continue to be enjoyed including distant buildings, areas of landscape and the juxtaposition of the village edge, arboreal setting and the surrounding open countryside. Development proposals that have any harmful impact on such views will be resisted.

The location and direction of each Important View is indicated on Proposals Map 3.

Policy 9 – Open Countryside

Outside the village confines development will only be supported where it does not cause demonstrable harm to: a) landscape quality; b) sites of ecological value; c) heritage assets including Scheduled Monuments, other sites of archaeological interest such as ridge and furrow; or d) the intrinsic character, beauty and tranquility of the countryside.

Proposals for development should have regard to the descriptions and guidelines contained in the Northamptonshire Environment Character Strategy and Green Infrastructure Strategy as developed by the Regional Park.

Policy 10 – Canals and their Setting

The canals and their setting need to be protected from inappropriate development owing to their economic, social and environmental contribution to the area. A proposal for development will be supported providing that it:

a) respects the unique character of the canal through innovative and sensitive design; b) uses appropriate designs and materials for works and repairs to historical canal structures; c) provides external spaces which allow visual and physical access that encourage links to Welton village; d) protects and manages the function of the canal as a wildlife corridor by resisting proposals which destroy or adversely affect areas of ecological interest; e) protects existing hedgerows and trees and introduce soft landscape works to retain the canal as a green waterway; f) encourages a positive relationship between the canal and surrounding land by providing high quality and appropriate boundary treatment; and g) provides, and if necessary upgrades, pedestrian access to maintain the role of the canal as a green pedestrian link.

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Policy 11 – Local Services and Community Facilities

The retention and development of a local service or community facility will be supported providing it does not have significant harmful impacts on the amenities of residents or on other neighbouring uses.

The loss of a local service or community facility will not be permitted unless it can be demonstrated that: a) an assessment has been undertaken which has clearly shown it to be surplus to requirements or no longer viable; b) the loss would be replaced by equivalent or better provision in terms of quantity and quality, and in a suitable location to meet the need; or c) the development will bring about a community benefit, the needs for which clearly outweigh the loss.

Policy 12 – Communications Infrastructure

Proposals for development that improve electronic communications such as faster broadband and the mobile phone network will be supported provided that any adverse impact can be satisfactorily mitigated.

Policy 13– Traffic Management

Where appropriate, traffic management measures will be supported that will improve highway safety provided that the measures be of a design that is in keeping with the Character Area with regards to scale, layout and materials.

Policy 14 – Traffic Links to Daventry

The restoration of a scheduled bus service between Welton and Daventry will be supported.

Policy 15– Business Development

Business and economic development will be supported throughout the Parish provided that: a) Proposals respect the character and appearance of the area with particular regard to scale, layout and materials to retain and respect and enhance the character of the countryside, local distinctiveness and help to create a sense of place; and b) their impact in terms of traffic, noise, air pollution, light pollution, ecology and landscape is adequately mitigated through the use of appropriate measures.

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Appendix 2

Screening Report for Strategic Environmental Assessment and Habitats Regulations Assessment

Prepared by Daventry District Council (July 2017)

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