& Alterations (Final Composite Plan) This document combines the South Lakeland Local Plan (adopted in 1997) and the Alterations to the Local Plan (adopted in March 2006) Peter Ridgway Strategic Director Customer Services

Published May 2007

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PREFACEPREFACE PETER RIDGWAY Strategic Director Customer Services

Written and prepared by the:

Development Plans Team Regeneration & Housing Services South Lakeland District Council South Lakeland House Lowther Street KENDAL Cumbria LA9 4DL

Final Composite Plan published May 2007 “ woodlands andwildcherryflowers...." and lakesriversundecaying,simple "I dreamthatheavenisverylikethisland,mountains proud ofourheritage forasthepoetsaid: work inthedistrictofSouthLakelandwillalwaysbe Those ofuswhohavethegoodfortunetoliveand safeguarding ifits treasuresaretoremainunspoiled. area ingreaterneedofconstant vigilanceand search fornaturalbeautyandcontentment,no mountains andaliterarytraditionbuiltonman's the country'slargestlake,someofourmostnotable countryside betterknowntotheholiday-maker, with with historyandlegend,perhaps nostretchof T here isnocornerofEnglandmorecrowded ” Harry Griffin

FOREWORDFOREWORD M P JAYNE BA DMS MRTPI Director of Amenities and Development

Written and prepared by the:

Economy and Development Group Directorate of Amenities and Development South Lakeland District Council South Lakeland House Lowther Street KENDAL Cumbria LA9 4DL

Adopted Sept 1997 Published February 1998 the LocalPlanAlterationsareshownwithgreyshadingbehind therelevanttext. The LocalPlanpoliciesandtextthathavebeenaddedoraltered (inwholeorpart)through ..115 Review and Monitoring Implementation, ..95 Development StandardsNew for : 8 Chapter Transport . ..83 : 7 Chapter ..75 Recreation and Leisure : 6 Chapter ..47 Conservation and Environment : 5 Chapter ..39 Tourism : 4 Chapter ..29 Retail : 3 Chapter ..21 Employment : 2 Chapter ..9 Housing : 1 Chapter . ..1 Introduction

CONTENTSCONTENTS

INTRODUCTIONINTRODUCTION INTRODUCTION

The Local Plan in Context ...... 1

The Local Plan Process ...... 2

Contents of the Plan ...... 2

LOCAL PLAN POLICIES ...... 2

Guiding Principles ...... 3

A Strategy for South Lakeland ...... 4

THE LOCAL ECONOMY ...... 4

HOUSING ISSUES ...... 4

PROTECTING THE ENVIRONMENT ...... 5

TRENDS IN RETAILING ...... 5

CATERING FOR VISITORS ...... 6

MANAGING TRAFFIC ...... 6

PROVIDING COMMUNITY FACILITIES ...... 6

THE DISTRIBUTION OF NEW DEVELOPMENT ...... 6

AN APPROACH TO DEVELOPMENT IN KENDAL ...... 7

DEVELOPMENT IN ULVERSTON ...... 8

DEVELOPMENT IN THE LARGER TOWNS AND VILLAGES ...... 8

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. INTRODUCTION

centres. Added to this there are all sorts of ``external’’ pressures and changes taking place; people are living for longer, retiring from work earlier and enjoying more leisure time. They expect to travel more often and take second holidays and weekend breaks. Home and car ownership are still growing, the average household size is decreasing, divorce and marital separation are on the increase. All of these trends will have a significant influence on land use and development pressures in South Lakeland over the next decade.

5 Of course the Local Plan should not simply accept changes and new trends unwittingly and succumb to every form of development pressure. The high quality landscape and environment of the area must be cherished and protected from the damaging effects of development. 1 This Local Plan has been prepared by the District But we must recognise that change will continue to take Council to guide development and the use of land in place and can indeed be both necessary and desirable. South Lakeland between 1996 and 2006. The Local Plan The crucial role of the Local Plan is to control change and covers the whole of the District outside the Lake District ensure that the development which does take place is in and Yorkshire Dales National Parks. It shows where the right place and of the right quality. development can take place, what sort of development is expected and the standards it must reach. It also protects the high quality environment and landscape, the character The Local Plan in Context and heritage of the District and seeks to protect important open spaces in settlements from "town-cramming” 6 The Local Plan cannot be prepared in isolation by development. It must balance the needs and demands of the District Council. It must be consistent with policies conservation and development in one of the most and plans that are prepared at a National, Regional and beautiful parts of the country - no easy task! County level.

2 The Local Plan is a crucial document for South (1) The Government sets out national planning policy Lakeland. It has been prepared to meet the statutory in Planning Policy Guidance Notes, Circulars and requirements of the Planning and Compensation Act Ministerial Statements. These have been taken into 1991. When formally adopted it will carry considerable account in drawing up this Plan. weight in decisions about how and where development can take place over the next ten years. The Council and (2) Broadly based Regional Planning Guidance has the Department of the Environment will use it as the main been drafted up by the Government Office for the influence in arriving at planning decisions for the area - North West. unless there are other clear and overriding material considerations. (3) Strategic Planning Policy for Cumbria is set out in the Cumbria and Lake District Joint Structure Plan. 3 South Lakeland is an area of natural beauty, which This sets out the broad levels of growth and change in is relatively free of urban problems, traffic congestion or the County as a whole for the 1991-2006 period but environmental blight. There is obviously a temptation to does not identify specific sites for development. The try and keep everything exactly as it is - to put a stop to Local Plan has been prepared to complement the new development, to ``preserve’’ the villages and the Structure Plan and apply the strategy at a local level countryside and to limit the influx of, and wear and tear (Structure Plan policies are listed in Appendix J). caused by, visitors. But there are many reasons why this would be inappropriate. 7 The Development Plan for the area comprises the Structure Plan, South Lakeland Local Plan and the 4 South Lakeland has a living and working Cumbria Minerals and Waste Local Plan. The Local Plan community with needs and expectation for change - it will for South Lakeland supersedes the South Westmorland require new (affordable) homes and places of work, it Local Plan, the Cartmel and Furness Local Plan and the wants access to modern shopping and leisure facilities, it informal Caravan and Camping Subject Plan for South expects to be able to travel by car and park easily in town Lakeland. However, many of the relevant policies from

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 1 INTRODUCTION these plans which have proved to be useful and effective 11 The process of preparing and revising a Local in controlling development have been carried forward into Plan is a long one but is intended to make sure that the South Lakeland Local Plan. everyone who wants to comment can do so and that their views will be heard and properly dealt with. 8 The Plan has been prepared to guide the work of the District Council corporately. Other Council strategies and policy documents have been considered during its Contents of the Plan preparation. These include the Housing Strategy and 12 There are two main parts to the Local Plan: Investment Programme, the Economic Development Strategy and Action Plan, the Tourism and Leisure The Written Statement contains the land-use Strategies for South Lakeland and the Council’s policies of the District Council, together with the Environmental Objectives. In addition the Council has reasoned justification for each. Throughout the drawn on the policy content and advice from several other document, policies are set out clearly in boxes. Where important sources such as the County Transport Policies appropriate, policies from the Structure Plan have and Programme, the Regional Tourism Strategy, the Rural been quoted within the reasoned justifications (shown Development Strategy for Cumbria - as well as the Local in italics). Supporting proposals, which set out the Plans from neighbouring authorities and the Lake District approach of the Council on related issues, but which and Yorkshire Dales National Parks. Statutory bodies have no direct land-use implications, are highlighted in have been consulted throughout the process of drawing bold print. up the Plan to ensure that the proposals are both practical and feasible. The Proposals Map shows the areas of land affected by the policies of the Written Statement. The Local Plan Process Larger scale inset maps have been prepared for each main settlement and village to show proposals in 9 An initial Draft Local Plan was published for greater detail. consultation in September 1994. Following an eight week period of public consultation in which an exhibition toured 13 Where no specific proposal has been made for an the District and the Plan was covered extensively by the area of land, the assumption is that existing uses will local media, the District Council made substantial remain generally unchanged. This does not mean that no changes. During this period, the Council also carried out new development will be allowed, but where it does take an environmental appraisal of the Plan. The results of this place, development should be compatible with the exercise, together with the public consultation process, surrounding area and the general policies and proposals were published separately. contained in the Local Plan.

10 The revised Deposit Draft Local Plan was placed LOCAL PLAN POLICIES on deposit for a six week period from 21 April 1995 to facilitate further consultation and comment. Following the 14 In most cases, a development proposal will be deposit period, all objections or statements of support affected by several policies, each dealing with a different were considered by the Council, and in October 1995, aspect of planning, so they need to be read together to following negotiations with objectors, the Council appreciate the Local Plan properly. As a general rule published for comment, proposed changes to the Local where several policies apply to a development proposal, Plan. Matters which remained unresolved were they must all be complied with if the proposal is to be considered by an independent Planning Inspector considered acceptable. (appointed by the Secretary of State for the Environment) 15 The policies are written in a way which should at a Public Local Inquiry which took place in January provide clear and unambiguous guidance for development 1996. The Inspector also considered all written control decisions, Where there are exceptions to a policy representations which were received and made which presumes against development these are clearly recommendations to the Council in October 1996. In the set out. Occasionally there may also be cases where the light of those recommendations, the Council decided on benefits of a particular development to the community modifications to the Deposit Draft Local Plan. Two sets of outweigh the policy objection to it. Such cases would modifications were the subject of public consultation prior need to be advertised as a departure from the Local Plan to the formal adoption of the Local Plan by the Council on before planning permission could be given. 29 September 1997.

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16 However, the Council is mindful that these must be areas. The regeneration of the economy in Ulverston rare and exceptional cases. As a rule, development and the Furness area will be treated as a priority; proposals will be expected to comply with policies. Those which do not, are likely to be refused. (c) Affordable Housing for Locals

To ensure that sufficient affordable housing (for sale Guiding Principles or rent) is available to meet local needs. The lack of housing which those in need in the District can afford 17 The Local Plan portrays a clear vision of the sort is a continuing problem; of place the District should become in the next decade and beyond. This vision can, and should, embody the (d) Rural Communities hopes and concerns which local people have for the area - the need for jobs and affordable housing, the desire for To maintain the vitality of rural settlements which sports facilities and open spaces, a concern for the contribute to the diversity of life in the District and environment and conservation of the area’s heritage. The provide important facilities, local housing and Local Plan should also be realistic in its approach - it employment opportunities for rural communities; must reflect the limitations facing local authorities over the next decade, the constraints on public spending, the (e) Town Centres national planning policies which must be satisfied and the matters over which the Council will have no control. To protect and enhance town centres throughout the District. Town centres make a vital contribution to the 18 The strategy and the policies in the Local Plan prosperity and character of South Lakeland, and act have been guided by the following ``foundation as a focus for the activities of many residents and principles’’. These were established at the start of the visitors; plan preparation, to shape the Council’s approach to development throughout the District. An overriding aim of (f) Open Space the Plan is to provide an environmentally "sustainable" approach to new development ensuring that South To protect and enhance, as appropriate, important Lakeland promotes a process of "living within its open spaces. Open space within towns and villages environmental means". It also seeks to maintain the local can contribute to the appearance and amenity of character and distinctive sense of locality which these areas. Many of the open spaces are also used contributes to the special quality of life in South Lakeland. for access and recreation; At the same time the Council recognises the changes which have taken place and continue to take place in the (g) Natural Environment countryside, and the importance of looking forward to To prevent the destruction of the natural environment meeting the future needs of the District into the 21st and, where appropriate, to positively encourage the Century. A balance must, therefore, be reached between conservation of the scenic beauty and varied natural each of these guiding principles when considering habitats of the District; changes and proposals for development, in order to decide the best way forward for the District as a whole. (h) Built Environment The Council will also seek to safeguard local choice and involvement in the planning process. To maintain and enhance the quality of the built environment, through the preservation of historic (a) Sustainable Development features and sympathetic new development. South Lakeland’s settlement and historic buildings To ensure that all new development in South Lakeland contribute to the distinctive character and heritage of is environmentally sustainable; the District; i.e. that the needs of the present are met without compromising the ability of future generations to meet (i) Energy and Pollution their needs; To encourage the best use of local and global natural (b) The Local Economy resources through the use of renewable energy, energy conservation and by minimising pollution; To strengthen and diversify the local economy and improve employment opportunities, especially in rural

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(j) Traffic and Transport up in recent years has left very few undeveloped sites, and little choice for local firms or incoming businesses. To reduce people’s use and dependence on private Several local companies are currently looking to expand cars through the promotion of alternative means of onto new sites but have been unable to find anything transport and to limit the impact of traffic on residential suitable. At the same time, recent closures and staff areas and town centres. layoffs in several local companies, suggests that the area’s economy must continue to develop and diversify. (k) Access to New Development and all Public Areas New sites need to be identified in the Local Plan which are well located in terms of road and rail transport and To ensure that disabled people and those who have close to the local labour market. mobility difficulties shall have access, where possible, to new development and all public areas; HOUSING ISSUES

A Strategy for South Lakeland 23 One of the drawbacks of South Lakeland’s popularity as a tourist area and place to retire, is the 19 The following section sets out the Plan’s Strategy impact that this has on the housing market. House prices in more detail. It briefly looks at the context for in South Lakeland are amongst the highest in the North development in the mid to late 1990’s. It examines current West making it difficult for young and low-earning trends, pressures for change and the areas of conflict households (of which there are many) to step onto the which will inevitably arise. housing ladder. This situation is compounded by the area's heavy dependence on jobs in the tourism and THE LOCAL ECONOMY associated service industries and the low wage this generates. The resulting housing problems - a long 20 Whilst some parts of the District are relatively waiting list (over 1,500 households in mid 1997) wealthy and there is reasonable access to job increasing homelessness and an exodus of young people opportunities, the Furness peninsula and more remote from rural areas - are as severe as anywhere in Cumbria. rural areas face a less confident outlook. Furness has been particularly hard hit by the loss of defence related 24 A housing need survey commissioned in 1993 by jobs and this has spilled over into other sectors of the the District Council highlighted an estimated 7,500 local economy. Unemployment in the Barrow travel to households in South Lakeland requiring either different or work area stands at over 9% in early 1997. As a result of additional housing over the following three years. The the bleak outlook the Furness area has been designated current situation is much the same. Over a third of those an Intermediate Assisted Area and is eligible for Objective in need are young adults under 25 years of age. The vast II funding from the European Community. The Local Plan majority are in need of ``affordable housing’’, ie. low cost must help to maximise the benefits from the European or housing for rent. The results of a new housing needs Community and UK Regional aid by allocating attractive survey for South Lakeland will be available in 1998. and readily available sites for employment and promoting Although there are limitations on the extent to which the new investment. Local Planning Authority can, in the longer term, control the tenure and occupancy of new housing it can use the 21 Unemployment levels in the more remote upland Local Plan to make some inroads into South Lakeland’s parts of South Lakeland are less dramatic but changes in severe housing need problems. agriculture are having a severe impact on farming incomes and future job prospects in the industry. 25 In addition, South Lakeland’s population will Increasingly there will be pressure for diversification to continue to increase by something like 5-6% over the next maintain farming incomes and employment levels. This decade. This will be largely due to the in-migration of will need to be carefully controlled if the landscape elderly people to the area. Planning policies cannot character of the area is not to be harmed. As in Furness, influence this trend significantly - a complete embargo on note will need to be taken of opportunities for European new development is likely to be more damaging to local Assistance in areas designated under Objective Vb to residents who would find it more difficult to compete in the remote uplands. housing market. If this trend continues, the decline in the average household size will continue to fuel the demand 22 In contrast, the economy of Kendal and much of for new speculative housing development in the District. the South Westmorland area has remained relatively buoyant. The rate at which industrial land has been taken

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PROTECTING THE ENVIRONMENT 30 In the past some development has taken place at the expense of the environment. There is now a growing 26 "The Planning system helps to integrate the awareness of the need for a more ``sustainable’’ development necessary to sustain the rural economy approach to development as it is no longer acceptable to with protection of the countryside for the sake of its ``trade off’’ an environmental asset for potential benefits beauty, the diversity of its landscape, the wealth of its (e.g. jobs) which might accrue from a development. It is natural resources and its ecological, agricultural and also an approach which takes into consideration the wider recreational value" - PPG7. South Lakeland’s landscape environmental implications of a decision - traffic impact is recognised for its special quality. Even outside the and exhaust emissions for example. The Local Plan National Parks and the Arnside-Silverdale Area of policies seek to ensure that all development is Outstanding Natural Beauty, the countryside is distinctive sustainable in the long term and build in a proper concern in Cumbrian terms. Development pressures on rural land for the environment. are growing whether for new housing, roads or factories. These pressures are compounded by higher levels of 31 Where appropriate the Local Planning Authority personal mobility and the growing popularity of rural will also insist on the use of local building styles and living. In these circumstances, the character of the materials to ensure that the places which make up South landscape in South Lakeland could change dramatically Lakeland retain their ``uniqueness’’ - that something unless the strict approach to its protection continues. It is which sets them apart from other parts of the country. a widely accepted Government Policy that the countryside is to be protected for its own sake. This is particularly TRENDS IN RETAILING crucial in designated landscapes such as the Arnside- Silverdale AONB. 32 The last ten to twenty years has seen a major change in shopping habits in South Lakeland. 27 There is a similar rich quality and diversity of Households are now more mobile and can choose to nature conservation interests in the District, from shop in any one of several centres - as a result extensive limestone pavements, to wildfowl interests of competition between town centres like Barrow, Carlisle, international importance around the shores of Morecambe Kendal and Lancaster has become keener. Edge of town Bay. The Local Plan ensures that these sites - whether of stores are now providing a popular alternative to local or national importance - are adequately protected. traditional town centres - particularly for food shopping. Faced with this growing competition town centres need to 28 South Lakeland’s built heritage also needs to be be improved and properly managed. conserved. There are 10 Conservation Areas and over 1,000 listed buildings outside the National Parks in South 33 At present shoppers in the centre of Kendal or Lakeland. These deserve special protection, particularly Ulverston may be confronted by traffic congestion, since the District’s historical heritage contributes much to crowded pavements, parking charges and whatever the the area’s character and its economic vitality. The District weather can conjure up. Out of town or edge of centre Council needs to ensure that the Conservation Areas and stores can offer shopping trips without these problems. the buildings within them are well maintained, that The Local Plan therefore has an important role in alterations are sympathetic and that new development regenerating the town centre by encouraging new should positively enhance, rather than detract from, their investment, improving conditions for pedestrians, quality. reducing the impact of traffic and upgrading the environment. 29 The open spaces in towns and villages are important. Many of them are under threat from 34 The District Council recognises, however, that development. Yet they provide opportunities for leisure, local households will demand choice, convenience and improve local amenity and often enhance the setting of competition - if this is not provided locally then they will the buildings nearby. Over the last 20-25 years town and shop elsewhere. Retailing policies must therefore strike a country planning policies have tended to protect the open balance which supports neighbourhood and village shops countryside at the expense of these areas. The Local (which can provide a variety of useful services to the Plan identifies and protects the remaining important open community), encourages investment in town centres and spaces both large and small, whether in public or private also provides for convenience and bulky goods shopping ownership - for future generations of town and village outside the town centre. dwellers to enjoy.

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CATERING FOR VISITORS transport. It must also ensure that the 23% of households in South Lakeland without access to cars are not isolated 35 South Lakeland (including the National Park Areas) from services and facilities. attracts some 4.9 million day visits and 6.9 million overnight stays each year - equivalent to another 32,000 PROVIDING COMMUNITY FACILITIES all-year-round residents in the District. This brings with it development and traffic pressures as well as wear and 40 Sport and recreation are important components of tear on the landscape. Yet catering for these visitors everyday life and have a valuable social and economic particularly those staying overnight has become the hub of role for the District. Opportunities for recreation should be the South Lakeland economy - local people are employed made available to everyone - including the elderly and the in shops, restaurants, hotels and a host of supporting disabled. Sports and community facilities can also industries. improve the enjoyment and diversity of the area for visitors. The Local Plan reserves land for informal and 36 In spite of this, there is often a local reaction formal sport and recreation where there is a shortage of against new development proposals which cater for facilities and new demands are likely to arise. visitors to the area. The Local Plan must strike the right balance - sustaining the economy and allowing others to 41 In the past communities have often been able to enjoy the area’s natural beauty and heritage, as well as look to the Council for assistance towards the provision protecting what is best in the District. An approach of this and running of facilities such as play areas, open space sort - often termed as ``green tourism’’ - need not be a and community halls. Diminishing budgets have forced trade-off or a compromise providing that change is the Council to re-examine the services it provides and properly planned, development is of a high quality and areas in which it will act as an ``enabler’’ for others to maintenance standards are adequate. undertake the project. In many cases these very local facilities are best provided and subsequently run by local MANAGING TRAFFIC people themselves.

37 Car ownership levels in South Lakeland are still 42 Here the Local Plan has an important role. Where increasing. 77% of households have access to a car and a particular facility would be of benefit, e.g. a new 26% have two or more cars. The regular use of these community centre or a play area, the Plan can help by vehicles together with heavy volumes of commercial and earmarking sites. In some cases it may be possible for a visitor traffic and a decline in public transport services developer to provide a relevant facility in conjunction have led to a huge increase in traffic volumes on South withnew housing or employment development which is Lakeland’s roads. As a result environmental conditions in planned for the local area. The community facility will towns, villages and residential areas have deteriorated become a planning obligation on the developer and badly and if not managed, will worsen. reflected in land purchase costs. Once in place the Council will expect a high degree of ``self-help’’ and the 38 Steps need to be taken in many of South facilities to be locally maintained and managed by local Lakeland’s town centres to reduce the impact of traffic. residents, voluntary groups and parish councils. Whilst these must bring about environmental improvements and better conditions for pedestrians, THE DISTRIBUTION OF NEW DEVELOPMENT cyclists and public transport users, they must not make town centre visits difficult or expensive, otherwise there 43 Planning Policy Guidance from Central may be a danger of businesses suffering and trade leaking Government makes it clear that Local Plans should aim to elsewhere. The District Council can work in partnership reduce the need to travel - especially by car. It suggests with the County Highway Authority to improve road safety, that Local Authorities should adopt planning and land-use upgrade vehicular access to industrial estates, increase policies to promote development in existing local centres pedestrian comfort, build up a network of cycle routes and which offer a range of everyday community, shopping and calm traffic in residential, and other vulnerable areas. This employment opportunities and in locations which are joint approach to planning and traffic management will be highly accessible by means other than the private car. In equally important in many of the District’s villages. South Lakeland terms this means Kendal, Ulverston and, to a lesser degree, Grange-over-Sands, Milnthorpe and 39 The Local Plan has an even more significant role in Kirkby Lonsdale. allocating development sites which reduce the need for private car journeys and maximise the use of public

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44 This complements the advice in the Cumbria and 48 The geography and topography of the town Lake District Joint Structure Plan which envisages that narrow down the scope for growth considerably. The new residential and employment development is rolling drumlin landscape to the north west of Kendal is concentrated mainly in Kendal and Ulverston. It is here capable of accommodating some modest development that the widest range of shops, services, sports and without undue harm. However, much of the land is leisure facilities are located and where many people travel protected from new development by a restrictive to work daily. Both towns have a network of bus and rail covenant and must therefore remain in agricultural use. services. A ``sustainable’’ land use policy will continue to Further to the east is the extensive low-lying flood plain direct development to these two major settlements and of the River Kent which cannot be developed without the larger towns and villages of the District. Growth in the creating potential flooding problems down river. Land smaller villages and hamlets would simply increase further to the east, in the vicinity of Shap Road and people’s dependence on cars adding both to fuel Appleby Road, offers some opportunity for expansion of consumption and exhaust emissions. the town but is badly hampered by poor road links. Any further industrial development, for example, would (in the 45 There are several other reasons for concentrating short and medium term at least) force more traffic the bulk of new development in the District’s main towns through the centre of Kendal. The District Council is over the next 10 years. This is where the bulk of therefore anxious to promote the construction of a infrastructure (e.g. sewage treatment works) and services northern link road between the A591 at Plumgarths and are concentrated, where housing need is most the A6 Shap Road. This should, when constructed, bring concentrated and where commercial pressures are forward new development opportunities to the north east greatest. Such an approach will offer most protection to of Kendal as well as offering relief in the town centre to special landscapes, countryside and nature conservation existing congestion. Given the existing infrastructure, designations - but inevitably it will lead to additional large scale development will be limited to housing development pressures on land in and around the towns. schemes at Sparrowmire and Sandylands. Should these pressures prove unacceptable, the District Council will keep under review the potential for a new 49 To the east and west of Kendal, topography is a village to meet some of the unmet demand. major constraint. The ground rises steeply out of the valley bottom and new development would sit AN APPROACH TO DEVELOPMENT IN uncomfortably in the higher and more exposed KENDAL landscape. Development at the south end of the town has closer links with the strategic road network and 46 The District’s principal town Kendal has developed would be less likely to co mpound traffic congestion a comprehensive range of facilities and services for problems in the town centre. However to the south west households living in the catchment area. The last decade the river valley landscape is of high quality and is has brought new town centre re-development, edge-of- prominent in the local scene, especially from the A591. town food and DIY stores, a new hospital and a large amount of new housing and business development. Open 50 In the Oxenholme Road-Burton Road triangle the land in and around has soaked up the majority of landscape is less striking and already changed by the development pressure to avoid further expansion of the construction of the hospital, Asda and the Murley Moss town into open countryside. This has now produced a Business Park. Some new development can be situation in which there are few remaining opportunities accommodated but with the important proviso that a for development or re-development within the built-up substantial green gap should remain to separate Kendal area and the local road network is under some strain. from Oxenholme and the amenity of the hospital should Moreover, Kendal is hemmed in on all sides by high be protected. quality landscapes. 51 Having examined the limited scope for the 47 Faced with this dilemma the District Council has properly planned growth of Kendal beyond the next examined the scope for expansion on the fringes of decade the District Council has concluded that it should Kendal which would not be damaging in environmental severely limit the further expansion of the town into open terms as well as the opportunities for improving transport countryside. links in and around the town. The Local Plan also sets out to build-in the necessary requirements for public services, community facilities, recreational open space and landscape works.

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DEVELOPMENT IN ULVERSTON 62 The future development of these towns and villages will need to be approached cautiously. Each is 52 The smaller scale of growth anticipated, together situated in high quality landscape and indeed Arnside is with the development sites which already exist present within a designated Area of Outstanding Natural Beauty. fewer crucial land-use issues in Ulverston. In looking at Although the District Council does not intend to stifle the opportunities for new employment and housing land development opportunities entirely it regards the allocations the District Council has concentrated its `development boundary’ of these settlements as an search in the East Ulverston area. A combination of important mechanism to retain their character and curb factors including topography, poor ground conditions, their rapid expansion over the next decade and to protect accessibility and landscape quality limit the scope for the surrounding countryside. Within the development major new expansions of Ulverston either to the north, boundary important open areas, woodland, playing fields south or west. and other natural features will require protection. For the most part development will be limited to small-scale infill - 58 East Ulverston itself has constraints in terms of the though a limited number of larger sites will be specifically quality of its access roads and, in some areas, surface earmarked for housing and employment uses. In rare water disposal and flooding. Nevertheless the area of circumstances the Council may consider breaching the Lund Farm provides a good opportunity for new housing development area boundaries to allow an affordable close to schools and within reasonable walking distance housing scheme - but this would need to be accompanied of town centre shops and facilities. by evidence of the local need and a carefully worded legal agreement with the developer. 59 New employment activity, so vital to the regeneration of the Furness economy, can be 63 The District Council has undertaken a rigorous concentrated in the North Lonsdale Road-Canalside area search for a ``strategic’’ employment site in the Kendal- and in the vicinity of the recently reclaimed Low Mill South Westmorland area. Its initial choice of a site at Tannery. The District Council will also take steps to bring Helsington Laithes on the southern outskirts of Kendal forward adjacent land off an improved West End Lane for proved to be unacceptable to many organisations and business use. individuals on environmental grounds. The adopted Local Plan instead earmarks a site adjacent to and including the 60 Ulverston also presents continued opportunities for former Nestle plant at Milnthorpe to serve these large town centre improvement and Canalside revitalisation scale and strategic business requirements. Here the road over the coming decade. There is a prospect of several links with the M6 and A6 trunk road are good, the main centrally located sites becoming available for mixed west coast railway passes close to the site and the housing-commercial uses. There is also the prospect for landscape is capable of accommodating built re-development of key canalside areas if alternative sites development without significant harm. Although new can be found for the Auction Mart and the Abattoir which business development here will inevitably prompt some are incompatible with adjacent housing areas. journeys to work by private car, the haulage of goods to and from the site by road and rail will not have a DEVELOPMENT IN THE LARGER TOWNS AND damaging impact on town centres and villages in the VILLAGES District.

61 Outside Kendal and Ulverston there are a number of other large settlements - most notably Grange-over- Sands, Milnthorpe, Kirkby Lonsdale and Arnside where development pressures remain intense. Each of these towns and villages can offer a range of community facilities, local services and some economic activity. This role is expected to continue - though none of the settlements can be regarded as ``self-contained’’. The majority of employed residents will travel elsewhere to their place of work; much of the household shopping will take place in and around other towns; there will be regular trips to hospitals, educational and leisure facilities in the larger centres.

page 8 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 HOUSINGHOUSING Chapter 1 : HOUSING

Introduction ...... 9

National and Structure Plan Guidelines ...... 9

Housing Land Requirement ...... 9

New Housing Development ...... 11

ALLOCATED HOUSING SITES ...... 11

SEQUENTIAL APPROACH TO LAND RELEASE ...... 11

OTHER HOUSING DEVELOPMENT ...... 12

OTHER SETTLEMENTS ...... 13

Affordable and Local Housing Needs ...... 14

Agricultural and Forestry Dwellings in the Countryside ...... 15

REMOVAL OF OCCUPANCY CONDITIONS ...... 17

Conversions ...... 17

Dwellings Constructed from Temporary Materials ...... 19

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 1 : HOUSING

better use of previously developed land and the focus for additional housing should be in existing towns and cities."

1.3 The Cumbria and Lake District Joint Structure Plan requires the construction of 6,000 new dwellings in the District - principally outside the National Parks, over the period 1991-2006. This will cater for the natural increase in the local population as well as the growing trend for people to live in smaller household units. It allows only a modest amount of new development to cater for immigration of retired households into the area. The environment and the quality of life in South Lakeland are very attractive, making the District a very desirable place in which to live. The demand for homes in the area is considerable. However, the environment is also very sensitive to development. Given the virtually limitless demand for housing in the area and the concern about damaging the environment the Local Plan will seek to Introduction restrain development and will not exceed the Structure Plan requirement for land for 6,000 dwellings in the period 1.1 One of the main functions of the Local Plan is to up to 2006. This is further strengthened in the Structure identify sufficient new house building land to Plan paragraph 4.9 which indicates that the housing accommodate expected levels of growth. The Local Plan requirement of 6,000 new dwellings should act as an also aims to locate new housing in the most suitable upper limit on the amount of development that can take settlements and to protect other areas from unnecessary place. and undesirable development. Constraints imposed by 1.4 The Structure Plan also directs the bulk of new Government have limited the Council’s role in the direct housing development towards the main urban areas of provision of new housing. Consequently, most new Kendal and Ulverston. This will be reflected in the Local housing within the Plan area is expected to be provided Plan. by private developers, although Housing Associations will also have an important role in meeting particular housing 1.5 The main thrust of the Local Plan housing strategy needs. Through the Local Plan and development control is, therefore, to restrain housing development in line with powers, the District Council is able to identify land the Structure Plan requirement of 6,000 dwellings and to suitable for new housing, regulate the release of that land concentrate the majority of this new house building in and influence the nature of the development. Kendal, Ulverston and the principal settlements of the District. This is in line with national and regional guidance National and Structure Plan and accords with the principles of sustainability. Large Guidelines scale housing development in the smaller settlements will be restrained.

1.2 In identifying the scale and location of new housing development the District Council has been Housing Land Requirement guided by both national and Structure Plan policies. Planning Policy Guidance Note 3 (PPG3), which 1.6 Sufficient housing land must be allocated to meet provides guidance on a range of issues relating to the the requirements of PPG3 and the Structure Plan provision of housing states that: target of 6,000 new dwellings between 1991 and 2006. It can be seen that a significant number (4,660) "….everyone should have the opportunity of a of those have already been built during the 1991-2002 decent home….and the housing needs of all in the period. The housing land position at April 2002 is community should be recognised…promote illustrated below in figure 1.1. Taking account of the sustainable patterns of development and make

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dwellings under construction, land with current Figure 1.1 : planning permissions and existing Local Plan RESIDENTIAL DEVELOPMENT MONITOR (April 2002) allocations with planning permission, there is already land available for 1,460 dwellings. This is more than NEED: DWELLINGS sufficient to meet the Structure Plan target of 6,000 dwellings, by taking into account windfalls. The density Structure Plan Target Requirement requirement for residential development will be at an 1991-2006 6,000 average of 30 dwellings per hectare. Proposals for LESS: schemes at or above the average density must exhibit Dwellings already built since April 1991: a particularly high quality of design. District 3,861 National Parks * 799 4,660 1.61a An essential feature of PPG3 is the "plan, monitor and manage" approach to housing provision. REMAINING NEED: 1,3404 This approach requires Local Authorities to manage the supply of housing and in particular ensure that LAND SUPPLY: there is neither significant under nor over provision. Dwellings available at April 2002 District ** 1,1211 1.61b Monitoring the housing land requirement National Parks * 3392 1,460 for the District on an annual basis has demonstrated that there is an oversupply of allocated residential RESIDUAL REQUIREMENT -1203 land. This has led the Council to de-allocate the oversupply to ensure that the Structure Plan targets REMAINING LAND REQUIREMENT: -120 are not exceeded. Those sites de-allocated include Berry Bank and Grange Fell Road in Grange-over- Land allocated within the Local Plan which Sands; Church Road in Great Urswick, North is available for development 14.1 ha Sandylands in Kendal and part of Lund Farm in Ulverston. NOTES 1.61c In addition to the oversupply a number of 1 Assumes 80% of outstanding permissions sites, either in part or as a whole, have been removed. implemented The entire site at Carling Steps, Burneside has been 2 Assumes 90% of outstanding permissions removed on flooding grounds and half of the site at SW Kirkby Lonsdale has been removed due to the 3 No allowance for windfall sites of any size has siting of a supermarket on it. In total the Alteration been made removes 27.3ha of residential land leaving 14.5ha to 4 This represents the remaining need for dwellings take the Plan to 2006. It is possible that the Review within the plan period to reach the Structure Plan of the Local Plan to extend its life to 2016 will require requirement for 6,000 dwellings, to be provided during 1991-2006. very few additional housing allocations. * The National Park figure is for April 2000 ** Land Available in District (outside National Parks) Dwellings under construction 455 Commitments = 932 (80% implemented) 666 Total Land Available 1,121

GUIDANCE

A windfall site is a site not specifically allocated for development in the Local Plan but which becomes available for development or is granted planning permission during the lifetime of the Plan.

The correction from 12.5 to 14.1 ha land allocated within the Local Plan reflects the sites in Appendix A.

page 10 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 1 : HOUSING

New Housing Development SITES ALLOCATED FOR RESIDENTIAL DEVELOPMENT PROVISION OF HOUSING LAND In order to meet the remaining housing land

In identifying settlements suitable for new housing Policy H2 requirement, the following sites are allocated for and selecting sites to accommodate development, residential development:

Policy H1 consideration is given to the following factors: Allithwaite Church Road Burton Morewood Drive (a) the physical, cultural and historic, amenity Endmoor land off A65 and environmental characteristics of Flookburgh Green Lane settlements and the surrounding landscape; Grange-over-Sands Graythwaite Manor Cart Lane (b) the availability of suitable development sites Holme Paddock Lodge in acceptable locations; Kendal Brigsteer Road Chiltern Reach, Valley Drive Kirkbie Kendal Lower School (c) the level of service provision (schools, Oxenholme Road doctors’ surgeries, shops etc.) in Roundhill School settlements and their accessibility to other Sparrowmire service and employment centres; Union Street Kirkby Lonsdale South West Kirkby Lonsdale (d) the number of new dwellings likely to result Levens land off Lowgate from the implementation of existing planning Little Urswick land off Post Office Row Milnthorpe Grisleymires Lane permissions in settlements and the amount Ackenthwaite Road of recent housing growth; Natland Natland Road (north) Robby Lea Drive (e) the range of existing and proposed local Old Hutton Middleshaw Bridge employment opportunities; Stainton-w-Adgarley North Stainton Hall Farm Swarthmoor Ulverston Road (f) the proximity of public transport links. Ulverston Daltongate / Queen Street Kings Road Lund Farm Union Lane ALLOCATED HOUSING SITES Urswick Road Winton House Phase 2 1.7 Over 71 hectares of housing land is allocated by the Local Plan in Policy H2, the bulk being in Kendal and Planning permission for housing development on Ulverston and other allocations in selected smaller these sites will be given subject to the submission settlements (see Inset Maps). The acceptability of of satisfactory density, design, landscaping, proposed development on these sites will be subject to layout, siting, parking and access details. Table 1 satisfactory density, design, landscaping, layout, siting in Appendix A lists the above allocations which and access details. Guidance on some of these are still available. Table 2 lists those under requirements is provided in Appendix A. In the case of construction and Table 3 those completed. sites over 2 hectares, schemes must be in accordance with Planning Briefs prepared by the Council to guide development. SEQUENTIAL APPROACH TO LAND RELEASE

1.8 To reinforce the Governments commitment to the use of previously developed land (brownfield sites) in preference to greenfield sites, a sequential approach relating to the release of land for development, will be adopted using guidance in PPG3. The sequential

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approach will be applied to the housing allocations 1.8c The District Council recognises that the potential listed in Policy H2. To clarify the sequential approach for re-using brownfield land does not necessarily Appendix A has been updated to establish which match the areas of demand for development land. It is housing allocations are brownfield and which are also recognised that given South Lakeland's rural greenfield. nature, brownfield land will be difficult to identify in some parts of the district. It also needs to be stressed that an allocated greenfield site which is more 1.8a In addition to the sequential approach sustainable using the criteria set out in PPG3 will be sustainability criteria defined in PPG3 enable the developed preferentially to a brownfield location which District Council to systematically assess the is not sustainable. development potential of sites. The development potential of both allocated sites and large brownfield 1.8d Appendix A Table 1 indicates the level of building windfall sites will be assessed based on these criteria. density expected by the District Council on the Large windfall sites are those, which can allocated residential sites. Windfall sites coming accommodate 5 or more houses. To further prevent forward will be assessed, for density purposes, in the the loss of countryside and open spaces, greenfield context of their immediate environment. Applications windfall sites of any size will only be permitted in submitted in rural, urban fringe and landscape exceptional circumstances. These exceptional sensitive areas will generally be expected to provide circumstances would be where the District Council is housing at a density lower than applications in an unable to meet its housing target through the urban environment. development and conversion of brownfield opportunities. Windfalls are sites that have not been specifically identified as available in the Local Plan. The definition of previously developed land can be found in Annex C of PPG3. Previously developed land PRIORITIES FOR SITE LOCATION is that which is or was occupied by a permanent Sites allocated for housing development under structure and associated fixed surface infrastructure. Policy H2 have been selected taking into account Previously developed land includes derelict land,

Policy H3 the need for sustainable development. However, vacant land and gardens and excludes agricultural or in order to promote more sustainable patterns of forestry buildings. The conversion of agricultural barns development, the Council will give preference to and other buildings in the countryside is treated as proposals for development on previously- greenfield development, Policy H12 does provide developed sites in sustainable locations, whether guidance on situations when schemes, such as the such sites are allocated or not. Such a proposal, conversion to employment use, will be considered of whatever size, will not be refused if the only acceptable. reason is that it concerns an unallocated site. 1.8b Policy H3 requires applicants to identify Proposals on sites allocated under Policy H2 will previously developed sites in preference to greenfield not be refused for the sole reason that a sites. Applications will need to satisfy a number of previously-developed site may become available criteria. A sustainable location will be one with good in the future, if no such site is available at the access to jobs, schools, shops and services by modes time of application. However, it may be of transport other than the car. It will also include necessary to refuse permission on any site, locations where there are opportunities to improve including those allocated under Policy H2, if it can accessibility. Applicants will be expected to be shown that the overall housing requirement for demonstrate that infrastructure such as public the District has already been met. transport, roads, water supplies and other utilities and infrastructure such as schools, can absorb the development. New housing should also, where OTHER HOUSING DEVELOPMENT appropriate, help to support new physical and social infrastructure such as local services and facilities 1.9 As well as the main centres of Kendal and whilst overcoming any physical and environmental Ulverston the District Council has identified a number of constraints of the site. This would include issues such villages, which satisfy the basic considerations outlined in as contamination, stability and flood risk. paragraph 1.7 and are able to accommodate further small scale growth. Within these settlements development

page 12 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 1 : HOUSING boundaries have been defined to establish those areas within which growth should be allowed. SETTLEMENTS SUITABLE FOR GROWTH 1.10 The development boundary is not intended to In the following settlements new dwellings will be delineate the existing perimeter of the built-up area of the permitted on suitable small sites within the settlement. It is not a village ``envelope’’; instead, it

Policy H5 development boundary, provided they do not identifies areas within which new development will, in result in the loss of important open space (see principle, be acceptable, subject to the submission of Policy S4). Planning permission will be subject to satisfactory density, design, siting, layout, landscaping the submission of satisfactory density, design, and access details. layout, landscaping and access details:

1.11 Within policies H4 and H5, a small site will Ackenthwaite Hutton Roof normally be defined as a single site of less than 0.25 Allithwaite Kirkby-in-Furness hectares. Exceptionally, within the urban areas listed Arnside Kirkby Lonsdale in Policy H4, sites larger than 0.25 hectares might be Barbon Leasgill acceptable depending on their location and nature. Bardsea Leece The division of a large site into a number of small Baycliff Levens sites and their development in a piecemeal fashion Beetham Little Urswick does not comply with this policy. Brigsteer Loppergarth Broughton-in-Furness Milnthorpe 1.11a Greenfield windfall sites of whatever size will not Burneside Natland be considered for development under Policies H4 and Burton Newbiggin H5, unless it can be shown that the housing Cark Old Hutton requirement cannot be met from existing allocations Carr Bank Old Hutton and previously-developed sites. Cartmel (Middleshaw) Casterton Old Hutton (Bridge End) Endmoor (Low Park) Oxenholme 1.12 However, not all undeveloped areas within these Endmoor Penny Bridge towns and villages are appropriate for development. The Flookburgh Ravenstown District Council has identified areas of important open Gatebeck Scales space within these settlements. Further open areas Gleaston Sedgwick which, although not identified as important open space in Grange-over-Sands Slackhead Policy S4, may also be of equal importance for their Great Urswick Stainton-with-Adgarley amenity value, providing valuable opportunity for Greenodd Storth/Sandside recreational activities. Such areas are accorded protection Heversham Swarthmoor under Policies L1 and L2. Holme

SMALL-SCALE RESIDENTIAL DEVELOPMENT IN KENDAL AND OTHER SETTLEMENTS ULVERSTON 1.13 It is vital to protect the countryside for its beauty, diversity and natural resources and for its ecological,

Policy H4 In the main centres of Kendal and Ulverston residential development will be permitted on agricultural and recreational value. Both National and suitable small sites within the development Structure Plan Policies seek to prevent development in boundary, provided this does not result in the loss the countryside or extensions to small or isolated groups of important open space (see Policy S4). Planning of dwellings. New residential development outside the permission will be subject to the submission of settlements suitable for growth will not be permitted. satisfactory density, siting, layout, landscaping Exceptions to this policy will only be considered where and access details. the proposal is essential for agriculture or forestry workers (Policy H9) or is necessary to cater for a special housing need which cannot reasonably be provided elsewhere (see Policy H7). In these circumstances, the Council may seek a planning obligation to control occupancy.

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acknowledges that a community’s need for affordable housing should be taken into account in formulating Local DEVELOPMENT OUTSIDE SETTLEMENTS Plan policies. SUITABLE FOR GROWTH

Outside the settlements suitable for growth listed 1.18 PPG3 indicates that it may be desirable, for large new housing developments to incorporate a

Policy H6 in Policies H4 and H5 new residential development will not be permitted. Exceptions to reasonable mix and balance of house types and sizes this policy will only be considered where the to cater for a range of needs. It goes on to say that proposal is essential for agriculture or forestry where there is evidence of a lack of affordable workers (Policy H9) or to meet an identified local housing to meet local need, authorities can expect housing need (Policy H7). developers to include an element of affordable housing in such schemes, both on sites allocated for housing in the Local Plan and other sites, and may include policies in Local Plans to this effect. Affordable and Local Housing Consideration will be given to proposals for the large- Needs scale conversion of buildings determined using Policy H11 and to ensure the provision of affordable housing.

1.14 In the autumn of 1997, the Council commissioned a housing needs survey to establish 1.19 PPG3 refers to the difficulty of securing an the requirement for affordable homes, and highlight adequate supply of affordable housing for local needs in those parts of the District where housing need is rural areas, and confirms the Government’s view that this greatest. The survey establishes the housing need for need could be met by the release of small sites which a 5-year period between 1998 and 2003. The South would not otherwise be allocated for housing. Such sites Lakeland Housing Needs Survey can be inspected at should be within, or adjoining, the existing built-up area of South Lakeland House in Kendal. the settlement and their development for affordable homes should be based on local evidence of need within 1.15 Although a snapshot in time, the results of this the parish or adjacent parishes. A higher density to those survey do provide a useful insight into the District’s generally expected for new developments (as indicated in housing problems. The limited supply of, and high Appendix A) may be acceptable for affordable housing demand for, housing in South Lakeland has led to schemes. high prices and rents. Indeed in 1997 house prices were much higher than the average in the County and 1.20 In addition to affordable housing, the sorts of local similar to the UK average. It continues to be difficult housing need which may be considered acceptable for local people on low incomes to afford a home of include households whose employment necessitates a their own. Including the area within the National Park, dwelling outside the growth settlements e.g. for a local there are currently about 2,900 newly forming craftsman, and other households whose long standing households in South Lakeland who will require community involvement and local family links with a housing within the next five years. Of these, 1,760 will particular small settlement are sufficiently strong to require affordable housing. Adding this to existing warrant an exception. In all cases the Local Planning need on the Council's waiting list and from the Authority will require evidence of local need to be homeless, and removing supply from the Council and submitted in support of the exceptional case. Permission Housing Association properties, leaves a net housing will be subject to the submission of satisfactory siting, need over the period of 1,210 units. design and access details, and to the landowner entering into a planning obligation with the Council to ensure that 1.16 Unless affordable housing can be provided there is it’s occupancy is restricted to use as a principal or a danger that those on lower and middle incomes, permanent residence.The Local Planning Authority will particularly the young will be forced to leave the District. also consider proposals for affordable housing against the As a result, the District’s age and social structure will requirements of policies aimed at conserving the become even more skewed towards the elderly and landscape and protecting nature conservation interests, wealthy. particularly policies C1, C6, C7, C8, C9 and C10.

1.17 The provision of affordable housing is an important aim of the District Council and it has long accepted its wider role as an ``enabling authority’’. PPG3 on Housing, page 14 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 1 : HOUSING

1.22a It is important that an appropriate proportion HOUSING FOR LOCAL NEEDS of the affordable housing stock should cater for those with special needs such as the frail, elderly and Exceptionally, the Local Planning Authority may people with disabilities, and be built to an appropriate be prepared to permit residential development on standard. Regard will be given to the Housing Needs

Policy H7 suitable sites, which would not otherwise be Survey and other surveys recognised by the Council released for housing, to meet a local need for which take into account those with special needs. affordable housing, as long as the following criteria are met:

(a) it can be demonstrated that the site’s development will meet a particular and AFFORDABLE HOUSING proven local need within the parish, or adjacent parishes, to where it is to be On sites allocated for residential use in Policy H2, located; and other proposed housing sites, some housing

Policy H8 should be provided to meet proven local needs, (b) the need cannot be provided for in any the proportion to be agreed through negotiation other way; (Appendix A gives a broad indication of the expected scale of provision). The Policy will be (c) the site is within or adjoining the existing applied in settlements with a population of 3,000 built up area of the settlement and the or fewer, to developments of 15 or more proposal is sympathetic to its scale, form dwellings, or to any residential site of 0.5 of a and character; and hectare or more (irrespective of the number of dwellings), and elsewhere to developments (d) the landowner or developer enters into a consisting of 25 or more dwellings, or to any planning obligation with the Council to residential site of 1 hectare or more (irrespective ensure that the benefits of the affordable of the number of dwellings). The affordable housing and local occupancy will be enjoyed housing will be the subject of a planning by the initial and all subsequent occupiers. obligation with the Council, to ensure that the Ideally, affordable housing should be benefits of the housing and local occupancy will managed by a housing association or be enjoyed by the initial and all subsequent charitable trust. occupiers.

1.21 The District Council while not wishing to discourage a limited number of housing schemes which CONSTRUCTION AND ADAPTATION OF increase opportunities for affordable and local needs DWELLINGS FOR PEOPLE WITH SPECIAL housing beyond those currently available, also recognises NEEDS. the need to avoid prejudicing its other policies, and will necessarily implement this policy with caution. It is The District Council will encourage proposals for strongly recommended that any proposals are discussed Policy H8a the provision of housing suitable for occupation with the Local Planning Authority at an early stage. and catering for the needs of disabled people in areas where proven need for this type of 1.22 ``Affordable Housing’’ includes housing suitable accommodation exists. Proposals for new build for a range of needs, built for sale or rent at a level and adaptations of existing dwellings will be below the market rate, and which is related to the considered. This may be requested as part of the ability to pay by those in need. The Local Planning affordable housing element on sites allocated for Authority will monitor the levels of affordability during residential use under Policy H2. the Plan period and applicants will be expected to consult the District Council to determine appropriate pricing and rental levels. Priority will be given to schemes providing affordable housing for a rent based on current evidence of need.

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Agricultural and Forestry landscape than a smaller one. The Council, therefore, Dwellings in the Countryside considers that it is appropriate to exercise some control over the size of these dwellings. 1.23 Where it is essential for farming and forestry workers to live at or close to their workplace, new dwellings may be allowed, although it will be necessary to apply rigorous criteria. AGRICULTURAL AND FORESTRY DWELLINGS IN THE COUNTRYSIDE 1.24 All such proposals must satisfy ``functional tests’’ where the applicant must show that the dwelling will be New agricultural and forestry dwellings will be essential for the proper running of the enterprise for one

Policy H9 permitted where: or more workers to be readily available at most times or if workers are needed to be on hand day and night. The (a) an appraisal is submitted with the need for security alone will rarely be a sufficient application, which shows clearly that there is justification for a new dwelling. In cases where a a functional need for the proposed dwelling; functional test is not conclusive, it may be appropriate also to apply a ‘‘financial test’’. Advice on undertaking (b) in some cases (where the above appraisal functional and financial appraisals is included in Planning is inconclusive) it will also be necessary to Policy Guidance Note 7 "The Countryside" - carry out a financial test; Environmental Quality and Economic and Social Development (PPG7) Appendix I. (c) the applicant can show that no dwelling has been sold from the holding nor any relevant 1.25 Planning permission is likely to be given for occupancy condition removed from a proposals that meet the requirements of Policy H9, dwelling on the holding or estate, in recent although a condition limiting the occupancy of the new years; dwelling to those employed in the type of business in question, will be imposed. Where the existing dwelling or (d) the dwelling cannot be provided by re- dwellings on the holding are not subject to an occupancy arranging, sub-dividing or extending an condition, the Council may also seek a Planning existing dwelling on the holding; Obligation to control their occupancy. This type of (e) there are no existing, suitable, under-used restriction helps to ensure that the exception to the buildings on the holding which could be normal presumption against new dwellings in the converted to residential use at a cost which countryside is not misused and that there is a stock of would still meet the financial test required in dwellings in the locality for the future needs of the rural clause (b) of this policy; economy.

(f) there are no holiday lets on the holding 1.26 Again in order to prevent misuse of this policy, it which could be used to provide the will be necessary for applicants to show that no dwellings permanent residential accommodation have been sold, or relevant occupancy conditions required, without reducing the net income removed from the agricultural holding, within recent years. generated by the business as a whole; During this period, the operation of the farm may have changed sufficiently to create a genuine functional need (g) where possible, the proposed dwelling is for a new dwelling. The time period will be determined on located within or adjacentto the existing the merits of each application. farmstead or other farm building on the holding; 1.27 The size and type of the dwelling is essentially a matter for the applicant. It is not usually the job of the (h) the size of the proposed dwelling is planning system to dictate that particular types of workers appropriate to the functional need for it. live in particular types of dwelling. However, allowing new dwellings in the countryside is against national, Structure Plan and Local Plan policies and permission will only be given as a special exception. Even if well designed, a larger house is likely to be more prominent in the

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REMOVAL OF OCCUPANCY CONDITIONS Council would also support a mixed residential and employment approach in preference to to purely 1.28 Changes in the scale and character of farming or residential schemes. However it is recognised that forestry in response to market changes may affect the although employment uses are important in the rural longer term requirement for dwellings for which areas like South Lakeland, conversion is not always permission has been granted subject to an occupancy appropriate due to the nature and location of condition. When this happens, a planning application traditional agricultural buildings. The District Council might be submitted to remove the occupancy condition, will expect applicants to demonstrate that a proposal so that the property can be sold on the open market. is inappropriate in employment terms using the criteria in Policy H12. Only then will an application for 1.29 The criteria for assessing proposals for new residential conversion be considered. Consideration dwellings in the countryside are rigorous. Similar care will be given to proposals for the large-scale should be taken in dealing with applications for the conversion of buildings determined using Policy H11 removal of occupancy conditions on such dwellings. Once and the provision of affordable housing (Policy H8). an occupancy condition has been imposed, permission will not be given for its removal unless it can be shown 1.31 At the same time, not all redundant buildings are that there is no long term need for the dwelling to serve capable of, or suitable for, conversion to residential the agricultural accommodation needs of the locality. use. The District Council will seek to ensure that only the most appropriate buildings are converted to residential use. The District Council will make an assessment over the number of dwellings appropriate REMOVAL OF OCCUPANCY CONDITIONS to the surroundings. The assessment will be based on the nature of the surrounding landscape and the Planning permission will not be given for the location of the building within the landform. An removal of an occupancy condition on a dwelling intensive development in an open landscape will be in the countryside, unless: seen as less appropriate than a modest development

Policy H10 in more enclosed landscape. The retention and (a) an appraisal is submitted with the conversion of traditional buildings will be encouraged application, which shows clearly that there is and their demolition avoided where at all possible. The no longer any functional need for the Council believes that where feasible, traditional farm buildings should be used to support farm dwelling on the holding or premises, nor diversification proposals and most should contribute to likely to be within the foreseeable future the retention of employment in the countryside (see and; paragraph 2.26 and Policy E8). Within South Lakeland traditional buildings are constructed in stone and slate. (b) there is no foreseeable need for such Modern buildings, particularly agricultural buildings, dwellings elsewhere in the locality; and are not constructed of traditional materials and so are unlikely to be visually acceptable in the rural setting of (c) a genuine and sustained attempt has been South Lakeland if converted to dwellings. Outside made to market the property with its development boundaries, the conversion of modern occupancy condition and at a realistic value. buildings to residential use will not satisfy the criteria of policy H12 and will be discouraged. The conversion of modern buildings to employment use may be Conversions acceptable.

1.30 The Local Plan area contains a large number of 1.32 Criterion (a) of Policy H12 requires an applicant agricultural and other rural buildings, many of which to demonstrate that a building is not in demand for could be converted to alternative use including rural employment use. Such a demand can be commercial, industrial and recreational. PPG7 offers assessed by contacting both the District Council's encouragement for such conversions as the re-use of Economy and Development Group, and Estate rural buildings "can be held to reduce demand for new Agents. Where the proposal is to convert buildings buildings in the countryside". Para 3.15 of PPG7 which are in use for housing livestock, feed or advises local planning authorities to examine equipment, planning permission will not be granted for applications for changes to residential use with conversion if there is a continued need for animal particular care. PPG7 encourages business rather housing or storage which can only be satisfied by than residential re-use of buildings. The District erecting new buildings on open farmland.

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1.32a The District Council will be flexible with modest >>> proposals to alter the external eaves and ridge heights under Criterion (c). An applicant will need to • the amenity of residents would be demonstrate that a proposal enhances the character compromised by an employment use. of the building. Proposals that seek to provide additional floors within a conversion thus requiring, for (b) the building is of traditional stone example additional features such as escape roof lights construction, of a traditional design, or dormers, would not be in keeping with the character constructed in a permanent and substantial of the traditional building. manner and is capable of conversion without extensions or substantial Policy H12 (cont.) modification/reconstruction to the existing structure, and in the case of listed buildings CONVERSION OF BUILDINGS WITHIN will not result in the loss of significant DEVELOPMENT BOUNDARIES architectural or historic features;

Within the development boundaries of the (c) the building will not result in a significantly settlements identified in Policies H4 and H5 the different external eaves and ridge height Policy H11 conversion of buildings to residential dwellings will and any re-building of external walls shall be permitted where all of the following criteria are be undertaken solely in original or matching satisfied: stone; (a) the building is served by a satisfactory (d) services are readily available on site and access; the location is served by a satisfactory (b) services are readily available on site; access;

(c) the number of dwellings proposed is (e) the building is part of a group containing an appropriate to the surroundings; and existing dwelling, and the number of dwellings proposed is appropriate to the (d) it will not result in the loss of significant surroundings; architectural or historic features (particularly if the building is listed). (f) the proposal does not create conflicts over access or amenity between future residents and farming needs;

CONVERSION OF BUILDINGS OUTSIDE (g) the proposal does not create additional DEVELOPMENT BOUNDARIES demands for new buildings to house livestock, feed or equipment. Scale, Location and Amenity (h) the proposal restricts domestic curtilage* Outside those settlements identified in Policies H4 Policy H12 provision to a level consistent with adjoining and H5 the conversion of buildings to residential dwellings and should not have a harmful use will not be permitted except where a proposal impact upon the character of the satisfies all of the following: countryside;

(a) consideration has been given to agricultural (i) the scheme is designed to ensure that or business re-use by satisfying the nature conservation interests are fully following requirements: considered and accommodated.

• demonstrating that the building is not * domestic curtilage is the land around a building in demand for rural employment in the used for domestic purposes. local area NOTES • the proposal is not isolated nor poorly Additional advice can be found in Guidance for the linked to existing transport infrastructure; Conversion of Traditional Buildings in Rural Areas, prepared by the District Council. cont. >>>

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Dwellings Constructed from 1.33 The District Council considers that access to rural facilities is fundamental in meeting the needs of Temporary Materials rural communities. The provision and retention of rural facilities can curb the use of the car and also ensure 1.34 The Plan area contains a number of dwellings that those without access to a car are not constructed from temporary materials, usually timber. disadvantaged. Such facilities can also provide local Many of these began life as holiday chalets, but a recent employment and create a tourist development base. trend towards more permanent occupation has led to a Rural facilities include public houses, post offices, desire on the part of owners to rebuild deteriorating and shops and other important village facilities such as unsightly structures in permanent materials. The District banks and village halls. Rural facilities refer to facilities Council does not wish to see the proliferation of such both within villages and in the open countryside. buildings and, therefore, will not permit further new dwellings to be constructed from temporary materials, 1.33a In estimating the vitality and accessibility of a either for permanent occupation or as holiday homes. rural facility, the Council will take into account the nature of the facility, its clientele and catchment area, 1.35 Existing permanently occupied dwellings which are its location on the road network, and the availability of constructed from temporary materials may be rebuilt in public transport. Viability will be assessed against permanent materials where the new dwelling is of a the submission of accounts for the business and a suitable size and design. When determining an summary of the trading position over previous years. appropriate size for the replacement dwelling, the District The facility should have been marketed, for a period Council will have regard to the area of the development of at least 9 months. The application should be site and the size of the original building, including any accompanied by a supporting statement of the efforts, extensions allowable under permitted development rights. which have been made to retain and to market the facility. It will be most important to satisfy the viability and marketing criteria (b) and (c) in cases where the facility is accessible and in cases where its loss would DWELLINGS CONSTRUCTED FROM harm the vitality of the village'. TEMPORARY MATERIALS

New dwellings constructed from temporary materials will not be permitted. However the

Policy H14 replacement of existing dwellings which are CONVERSION OF RURAL FACILITIES permanently occupied will be permitted where the new building is of permanent materials, of an Proposals for the conversion of rural facilities to appropriate size and does not detract from its residential use will be permitted only where the surroundings. site does not occupy a favourable position in

Policy H13 terms of accessibility within the rural area, and where, in addition:

(a) loss of the facility would not result in a loss of village vitality;

(b) the facility is no longer viable;

(c) the property has been marketed for facility use for at least 9 months, and a statement of the efforts which have been made to market it and/or to secure facility re-use supports the application.

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page 20 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 EMPLOYMENTEMPLOYMENT Chapter 2 : EMPLOYMENT

Introduction ...... 21

New Employment Sites ...... 23

Existing Employment Areas ...... 25

NEW DEVELOPMENT AND EXTENSIONS TO PREMISES ...... 25

REDEVELOPMENT ...... 25

LOSS OF EMPLOYMENT SITES AND PREMISES ...... 26

Employment Development in Rural Areas ...... 26

NEW EMPLOYMENT DEVELOPMENT ...... 26

Conversions ...... 27

Homeworking ...... 27

Diversification of Farms ...... 28

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 2 : EMPLOYMENT

Introduction

2.1 Compared with many other parts of the UK South range of sites, as well as environmental and infrastructure Lakeland’s economy has remained relatively stable over improvements, to attract investment and new jobs to the last decade. Much of the District benefits from a these areas. diverse range of employment, based principally on service industries, tourism and manufacturing. Only 5% of the 2.4 At the same time the Local Plan must provide workforce is now employed in farming, fishing and opportunities for the growth of new and indigenous firms quarrying activities and employment opportunities are in the more buoyant eastern part of the District where increasingly concentrated in the District’s towns and there remains an ongoing demand for land and premises. larger villages. Tourism, as one of the most important A scarcity of land could stifle the growth of some existing sectors of the District’s economy, is dealt with in a firms and deter inward investment. Moreover, this area separate chapter. has recently suffered staff lay-offs and closures at ‘K’ Shoes, Libby’s and NORWEB, which suggests that the 2.2 There are nevertheless parts of the District which Council, and the community, should not become face more serious economic difficulties - particularly the complacent in its efforts to attract and create new job Furness area where the effects of job losses in opportunities. manufacturing and defence have rippled through other sectors of the economy. The area’s relatively peripheral 2.5 The Government’s advice on planning for industrial location has compounded the difficulties of attracting new and commercial development is set out in Planning Policy jobs. The more remote upland parts of the District also Guidance Note 4 (PPG4). It stresses that policies should face a continuing decline in employment opportunities. provide for choice, flexibility and competition. The Plan There are fewer jobs in farming and the scope for should ensure that the available land is capable of economic diversification in these areas is limited because development and well served by infrastructure. It should of the lack of opportunities and the potentially damaging also earmark a variety of sites to meet differing needs landscape impact. and to encourage competition between developers; this will benefit users and stimulate economic activity. 2.3 The western parts of the Local Plan area fall within the Cumbria Rural Development Area and both upland 2.6 Employment land need not always be provided on areas of the District and the Barrow travel to work area industrial estates. Both PPG4 and PPG7, which deals (including much of Low Furness) are eligible for special with the Countryside - Environmental Quality and European grant assistance to support the restructuring of Economic and Social Development, stress the need to the local economy. The Local Plan strategy for South encourage small scale business uses in rural areas. Lakeland must complement these efforts by providing a However, building in the open countryside, particularly

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 21 Chapter 2 : EMPLOYMENT within designated areas, is to be strictly controlled. The 2.9 At present there is approximately 12 hectares of emphasis is instead on small scale provision which is land with planning permission for employment and a compatible with environmental protection and further 18 hectares were earmarked for this use in the conservation and on the re-use of rural properties, previous Local Plans which have been ‘‘carried forward’’. particularly agricultural buildings. However, some of these sites have constraints which could inhibit their development in the short-term - this 2.7 The Cumbria and Lake District Joint Structure Plan Local Plan allocates some additional employment land in develops these principles in the County context. It all three sectors. requires at least a five year supply of readily developable employment land to be made available in each of the Figure 2.1 : three market sectors - business parks, strategic EMPLOYMENT LAND REQUIREMENT (April 1996) employment sites and local employment sites (see definitions below). The supply of land will be assessed on Business Parks1 : ha the basis of land take-up in each market sector over the Land required 1996 - 2006 5.0 preceding five years. Land available with planning permission 0.5 REMAINING REQUIREMENT : 4.5 2.8 In the five year period between 1991 and 1996 some 13.5 hectares of land was developed on local Strategic Employment Sites2 : employment sites, and 2.5 hectares on business parks, in Land required 1996 - 2006 8.0 the District. This suggests that to provide a 10 year Land available with planning permission - supply, the Local Planning Authority will need to identify REQUIREMENT : 8.0 approximately twice this amount of land - i.e. some 5 3 hectares for business park development and a further 27 Local Employment Sites : hectares of local employment sites (see figure 2.1). In Land required 1996 - 2006 27.0 addition the Structure Plan recommends that a strategic Land available with planning permission 11.6 employment site of at least 8 hectares should be made REMAINING REQUIREMENT : 15.4 available for larger scale industries. These land requirements will be reviewed regularly to ensure that 2.10 The majority of this employment land should be future take-up rates do not result in a severe shortage of situated in, or on the edge of, Kendal, Ulverston, Grange- employment land later in the Plan period. over-Sands, Milnthorpe and Kirkby Lonsdale and outside the National Parks and Area of Outstanding Natural Beauty. It should also be well located in relation to the trunk road and rail network and, where possible, avoid 1 A BUSINESS PARK is a high quality employment site close to increasing the volume of heavy goods vehicles passing the primary road network. Sites will have a low building density with extensive landscaped areas and should accommodate pri- through the centre of towns and villages. marily high technology industry. 2.11 The Structure Plan also encourages the 2A STRATEGIC EMPLOYMENT SITE is defined as a large site with a minimum of 8 hectares close to the primary road network, development or conversion of suitable premises to assist principally aimed at large scale business, general industry and in the diversification of Cumbria’s rural economy. This storage or distribution. Small scale commercial activities such as may involve the allocation of small sites for the garages and retail uses will not be appropriate. development of rural workshops in, or close to, villages 3A LOCAL EMPLOYMENT SITE should normally accommodate a and the encouragement of suitable conversion schemes range of types and sizes of employment and warehousing uses. for employment use. It does not, however, encourage the Other commercial activities may take place on these sites, where appropriate. It will generally be at least 1 hectare in size. creation of new employment opportunities in the open countryside. The Plan also highlights the importance of In each case, Employment site, or use, refers to Class B of the Use Classes Order 1987 which includes Business, General protecting existing sites from new uses which would Industry, Storage or Distribution. Other land uses, including all jeopardise job opportunities for local people. forms of retailing and car showrooms that result in employment are excluded from this definition and will not be allowed on the sites listed in Policies E1, E2 and E3. For any further clarification contact Cumbria County Council, Planning Department.

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2.12 The District Council will carry forward these broad 2.15 In looking for new and well located sites for principles in the Local Plan in an attempt to strengthen employment development throughout the District, the the local economy and diversify the range of job Council has confined its search largely to sites where opportunities for local people. Altogether, some 32 transport links are good and environmental damage will hectares of employment land has been earmarked in the be limited. The Local Planning Authority has also Plan - sufficient in each of the three market sectors to considered a number of other factors in arriving at its land provide for expected needs over the Plan period. allocations for employment use, notably: Allocations of new employment land have been made on the assumption that most employment growth will take (1) The physical characteristics of the sites together place in the District’s larger settlements. As main centres with their ability to absorb new development without of population, these act as ‘‘service centres’’ for a wider spoiling the landscape character; rural hinterland. This is also where there is most demand for new sites and a labour supply most readily available. (2) The level of service provision and the infrastructure which exists (sewage treatment, land 2.13 The District Council is also aware of the drainage, road junction improvements required etc); substantial areas of serviced industrial land and premises which exist in Barrow-in-Furness and the importance of (3) The availability and ‘‘marketability’’ of the site to attracting new jobs and investment here to stimulate the the private sector. regeneration of the Furness economy. Although Ulverston also has an important role to play in attracting new 2.16 The Plan allocates sites at Shenstone and businesses to the area, a major strategic land allocation Parkside Road in Kendal for business park/office for employment use close to the A590 in the town could developments. Both are high quality sites where undermine Barrow’s efforts to attract large scale new manufacturing and storage uses would be inappropriate. investment. Accordingly the District Council considers the Only development of a high quality limited to light Milnthorpe strategic employment site compliments and industrial and office uses will be allowed. The remaining does not prejudice the two strategic employment sites in undeveloped land at Shap Road, Kendal, which is close Barrow-in-Furness Borough. Allocations in the west of the to existing employment areas, is earmarked for general District will generally, therefore, be smaller in scale and employment uses. directed at providing for the expansion of local firms or 2.17 In Ulverston a range of small and medium sized the creation of small businesses and smaller inward sites have been allocated on the south side of the town. investments. The principal area for general industrial and business uses is at Low Mill Tannery where the derelict core area New Employment Sites has been reclaimed and prepared for re-development. The Local Planning Authority will also work in partnership 2.14 A relatively rapid take up of sites for employment with other agencies to open up the adjacent land off West use in the eastern half of the District (mainly by local End Lane for employment development. Other sites off companies) has left the area with a shortage of serviced North Lonsdale Road and adjacent to the Ulverston Canal employment land. A few sites remain available on the are allocated for general industrial development. north side of Kendal but their links to the strategic road network are poor. Until a northern link road is constructed 2.18 A major ‘‘strategic’’ employment site has been to take heavy traffic from the A591 Kendal by-pass to the earmarked to the south east of Milnthorpe Station A6 Shap Road, the District Council does not wish to adjacent to and including the former Nestlé food compound traffic problems in the centre of Kendal processing plant. Its location and road links should be through the allocation of major employment sites to the attractive to developers and industrialists. It is also north of the town - particularly since it seems unlikely that situated alongside the main west coast railway line which a new northern link road will be completed during the with investment in sidings could provide opportunities for Local Plan period. By contrast the take-up of employment transporting goods by rail. The strategic employment site land in the west of the District has been much slower and has been established both to accommodate the local a number of sites have been carried forward from existing expansion of existing companies and large scale inward Local Plans. investment. The site has been the subject of a detailed Development Brief to ensure that a high quality scheme is achieved. Developers will also be expected to improve access arrangements and upgrade the image of the site

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 23 Chapter 2 : EMPLOYMENT through enhancement work and further on and off site planting. Land has also been allocated in Grange-over- LAND ALLOCATED FOR STRATEGIC Sands, Kirkby Lonsdale and Milnthorpe to cater for local EMPLOYMENT USES business expansion. Land south-east of Milnthorpe Station, Milnthorpe 2.19 Elsewhere in South Lakeland, a number of small

Policy E2 is allocated for strategic employment uses. allocations have been made in, and close to, rural Development of the site will be permitted settlements where access by road is suitable. These providing that: should assist in promoting smaller scale businesses in areas where the local job opportunities are presently (a) it falls within use classes B1, B2 and B8; limited. Some of the sites will be suitable for the development of small-scale rural ‘‘workshop’’ schemes in (b) proposals are of a high quality and conjunction with the Rural Development Commission. incorporate standards of landscaping and amenity space (in keeping with the 2.20 Proposals for the development of each site will be Development Brief for the site); assessed against their capacity to absorb the buildings and the scale of activity, both inside and outside, without (c) the development would provide adequate spoiling the landscape character. parking and servicing arrangements and appropriate provision for cyclists within the 2.21 The Insets to the Proposals Map give further curtilage of the premises; and details of the sites allocated for employment development. Appendix B gives details of the requirements of the (d) the proposals incorporate any necessary District Council for access, servicing, landscape works improvements to the local infrastructure (as and other specific measures. In appropriate cases the set out in the site Development Brief). District Council will prepare Planning Briefs to guide development.

LAND ALLOCATED FOR BUSINESS PARKS

Sites at Shenstone and Parkside Road in Kendal

Policy E1 are allocated as Business Parks. Development on these sites will be limited to high quality B1 employment and office uses, and will only be permitted where the following criteria are satisfied:

(a) the scale, nature and quality of design are consistent with the character and appearance of the area;

(b) adequate parking, servicing and delivery arrangements and appropriate provision for cyclists are provided within the curtilage of the premises; and

(c) landscaping details form an integral part of the proposals for the site.

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LAND ALLOCATED FOR LOCAL NEW DEVELOPMENT AND EXTENSIONS EMPLOYMENT USES TO PREMISES

The following sites have been allocated for local Suitable employment-related development in

Policy E3 employment uses: Policy E4 existing employment areas, including extensions to premises, will be permitted providing that: Shap Road, Kendal (B1, B2, B8) Low Mill Tannery, Ulverston (B1, B2, B8) (a) the development would not cause harm to West End Lane, Ulverston (B1, B2, B8) the character of the area or the amenity of nearby Moor Lane, Flookburgh (B1, B2) residents because of its scale, appearance or Fall Beck, Gatebeck (B1, B2) traffic generation; Crakeside, Greenodd (B1) Allithwaite Road, Grange-over-Sands (B1, B2) (b) adequate parking and servicing Kirkby Motors, Kirkby Lonsdale (B1, B2) arrangements and appropriate provision for Tram Lane, Kirkby Lonsdale (B1) cyclists are provided; and Grisleymires Lane, Milnthorpe (B1, B2) Quarry Lane, Storth (B1) (c) landscaping details, where necessary, form an integral part of the development. On these sites development (in the use classes listed above) will be permitted where the following criteria are satisfied: REDEVELOPMENT (a) the scale and nature of the business is in keeping with the capacity of the area to 2.23 Modern businesses require land and buildings absorb or accommodate the development; which are appropriate to their needs. In many cases, older premises can be refurbished or sub-divided to (b) design and landscaping details are provide useful floorspace, but some buildings may be in appropriate for the site; and poor repair or difficult to modify to meet modern needs. Rather than lose valuable employment sites, the District (c) adequate parking and servicing Council will look favourably on proposals for arrangements and appropriate provision for redevelopment where it would not be detrimental to the cyclists are provided within the curtilage of landscape, townscape or surrounding land uses. the premises.

REDEVELOPMENT Existing Employment Areas Favourable consideration will be given to NEW DEVELOPMENT AND EXTENSIONS TO proposals to redevelop obsolete employment

PREMISES Policy E5 premises where:

2.22 The extension of existing premises currently (a) the proposed development is not provides a significant amount of new employment and detrimental to its surroundings; business growth in the Plan area, and the District Council will continue to give favourable consideration to (b) the proposed development incorporates expansion schemes in appropriate locations. satisfactory design, siting, landscaping and Development of suitable sites in existing employment access; or areas and on industrial estates helps to retain employment uses within clearly defined locations, and will (c) employment uses are proposed. also be encouraged. However, the District Council will seek to protect important open areas from development in these locations.

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LOSS OF EMPLOYMENT SITES AND Employment Development in PREMISES Rural Areas

2.24 Although the Local Plan identifies new NEW EMPLOYMENT DEVELOPMENT employment land, it is equally important to ensure that existing employment sites are not lost to other uses. 2.25 The District Council does not wish to see new Existing employment premises and sites are those employment opportunities restricted solely to the larger presently used or last used or with planning permission or settlements. Although land has not been allocated in a Local Plan allocation for employment purposes. Existing some rural settlements, employment related development sites and buildings often provide useful premises for new which is compatible with the surrounding area will be small businesses or firms moving into the area. These favourably considered. This may include offices and can include hospital sites and petrol filling stations which similar service sector employment developments as well are often well suited for other employment uses. In some as small workshop schemes. Office and research parts of the countryside, employment premises are establishments may be attracted to rural locations in the particularly scarce. Only in exceptional cases, where Plan area because of the high quality of the environment. employment premises are poorly located in settlements ‘Teleworking’ or ‘telecottaging’ may also be attractive to and it could assist a move to more suitable premises in rural areas because of reduced costs and overheads. The the locality, may a change to a non-employment use be District Council will take a positive attitude to such considered appropriate. For example, some employment developments in appropriate locations, including the sites and buildings are no longer suited to present day conversion of large institutional or similar buildings where manufacturing practices and may be difficult to adapt. it does not detract from the amenity of residential areas, Equally, there may be situations in which a change of use is not in the undeveloped countryside, is not detrimental from business use to hotel-restaurant, or some similar job to the character and appearance of the landscape or creating use, may be appropriate. The District and County settlement, is not damaging to nature conservation Council’s definition of employment uses does not, interests (see policy C8), and does not give rise to however, include retailing. unacceptable traffic generation. Proposals fulfilling these criteria will be favourably considered.

LOSS OF EMPLOYMENT SITES AND PREMISES NEW EMPLOYMENT DEVELOPMENT IN RURAL AREAS Proposals to change the use of existing

Policy E6 employment land and buildings to a non- Favourable consideration will be given to suitable

employment use will not be permitted except Policy E7 employment-related development in rural areas where: including offices and service sector developments where the proposal: (a) the existing use is un-neighbourly because of traffic generation, noise, or disturbance to (a) is of a scale in keeping with its the amenity; or surroundings;

(b) the change of use could assist a move to (b) does not detract from the amenity of alternative and more suitable premises in residential areas; the vicinity. (c) is not detrimental to the character or appearance of the landscape or settlement; and

(d) does not give rise to unacceptable levels of traffic.

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Conversions Homeworking

2.26 In both urban and rural areas there are many 2.27 Many business activities, including teleworking, buildings which may be suitable for conversion to can be carried out in the home without causing employment uses, particularly for small firms or where a disturbance to neighbours through increased traffic, noise wholly new building would be intrusive. In most or general disturbance. Indeed if the use is small in scale circumstances, the Council will give priority consideration it may not require planning permission. Homeworking can to proposals for business conversions, as opposed to be particularly beneficial for consultancy-based residential use. Where conversion is proposed, the enterprises as well as small business start-ups. The building should be structurally suitable, have adequate development of new data transfer technology together access and services, and the new use should be with video telephone links is likely to increase the trend to appropriate to its surroundings. In some circumstances it work from home. It has the added benefit of reducing may also be appropriate for modern farm buildings to be traffic congestion arising from journeys to work and is converted and re-used for business uses. The Local consistent with the guiding principles in the Local Plan. Planning Authority will apply similar criteria in considering Nevertheless, where planning permission is required, the applications for their re-use. Isolated field barns will Local Planning Authority will require applicants to submit generally not be considered suitable for conversion. The details of likely traffic generation arising from the Council will also be mindful of the need to ensure that operation of the business. Where appropriate it may also there is no harm to protected species during any seek to limit the business’s hours of operation to conversion project (see policy C8). safeguard local amenity.

CONVERSION AND RE-USE OF HOMEWORKING BUILDINGS Favourable consideration will be given to Favourable consideration will be given to proposals for home-based businesses, including

Policy E8 proposals to convert buildings for employment Policy E9 teleworking, where the following criteria are uses where: satisfied:

(a) the building is capable of conversion without (a) the use would not alter the character or major extensions or modifications to the residential amenity of the area; and existing structure; (b) the business would be contained within (b) such a use would not detract from the existing premises, or any requirements for character of appearance of the landscape or alterations or extensions could be settlement and would not be detrimental to accommodated without damage to local the amenities of residential areas; amenity.

(c) the building is served by a satisfactory (c) the proposal will not give rise to the access; generation of traffic, noise or disturbance to the neighbours. (d) services are readily available on site; and

(e) it will not result in the loss of significant architectural or historic features (particularly if the building is listed).

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 27 Chapter 2 : EMPLOYMENT

Diversification of Farms FARM DIVERSIFICATION 2.28 In many parts of South Lakeland the reduction in farming subsidies is making it necessary for farmers to Proposals for farm diversification will be permitted consider diversification into new enterprises to providing that the following criteria are satisfied: supplement their incomes. Diversification can take many forms including the provision of caravan sites, farm Policy E10 (a) evidence is provided to demonstrate that the shops, shooting and fishing, ‘‘pick your own’’, tourist proposal will complement and support the accommodation, plant nurseries, food processing and existing farming operation; light engineering. These activities are often important in helping to support the family and the farm unit and in turn (b) its use, scale and design will not be to maintain the landscape of the area. As a general damaging to the amenity, character or principle therefore, the District Council is willing to allow nature conservation value of the area; diversification proposals which sustain rural employment whilst respecting the character of the landscape. (c) access, servicing and parking arrangements are satisfactory; 2.29 At the same time, new development which is not essential in the open countryside, will be discouraged. (d) the proposal will not give rise to the erection The applicant must therefore, be able to demonstrate of new buildings which would be detrimental either that the diversification development is important for to the landscape and amenity of the area; the future maintenance of the farm, or that it will support and the wider rural economy (the Council strongly recommends the preparation of a farm or business plan (e) where a shop is proposed there should be or an independent agricultural assessment to support no significant adverse effect on a nearby major diversification proposals). New activities should, village shop and the majority of goods where possible, be accommodated in under-used should be produced in the local area. buildings, preferably located close to the farm holdings. Proposals for alternative uses on the land (e.g. golf courses) should seek to avoid major alterations to the character of the landscape, by retaining existing field boundaries and distinctive features.

2.30 Diversification proposals will be assessed against the capacity of the area to absorb the scale of activity without spoiling the landscape character, including traffic and access considerations. Small scale proposals for static or touring caravans may be acceptable providing that they can be integrated into the landscape and located close to the existing farm buildings. The conversion of farm buildings to tourism accommodation will be assessed in the light of Policies T2, T4 and T9. Proposals for farm shops will be carefully assessed in terms of the potential impact on nearby village shops, proportion of goods produced locally and the likely traffic impact.

page 28 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 RETAILRETAIL Chapter 3 : RETAIL

Introduction ...... 29

National and Structure Plan Guidance ...... 29

Retailing in South Lakeland ...... 30

KENDAL TOWN CENTRE ...... 30

NEW RETAIL DEVELOPMENT KENDAL TOWN CENTRE ...... 31

ULVERSTON TOWN CENTRE ...... 32

NEW RETAIL DEVELOPMENT OUTSIDE ULVERSTON TOWN CENTRE . . . .33

RETAIL DEVELOPMENT IN MINOR SHOPPING CENTRES ...... 34

SMALL SCALE RETAIL DEVELOPMENT OUTSIDE SHOPPING CENTRES . .34

Non-retail Businesses in Shopping Areas ...... 35

IN THE PRIMARY SHOPPING AREAS OF KENDAL AND ULVERSTON . . . . .35

IN GRANGE-OVER-SANDS, KIRKBY LONSDALE, CARTMEL AND THE SECONDARY SHOPPING AREAS OF KENDAL AND ULVERSTON . . . .35

HOT FOOD TAKEAWAYS ...... 36

AMUSEMENT CENTRES ...... 37

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 3 : RETAIL

Introduction

3.1 Increased mobility and consumer demand has led businesses facilitates competition from which all to greater emphasis being placed on one-stop shopping consumers are able to benefit and maximises the facilities, with easy access for the private car. In opportunity to use means of transport other than the response, a great deal of retail development activity has car; been concentrated in out-of-town locations since the mid- 1980s. Traditional high street locations have come under ... to maintain an efficient, competitive and considerable pressure in recent years with an increase in innovative retail sector; and the numbers of vacant units and an influx of offices, fast food outlets and charity shops. This has led to an erosion ... to ensure the availability of a wide range of shops, of the quality of traditional shopping centres particularly in employment, services and facilities to which people secondary locations. More recent trends have led to a have easy access by a choice of means of growth of discount food retailing, club and factory transport.’’ shopping and yet more competition for traditional high street shops. 3.3a Government advice in Planning Policy Guidance Note 6 is that town centres are the preferred location 3.2 The Local Planning Authority will need to continue for new retail development. The Local Planning to closely monitor national and local retailing trends to Authority will need to adopt a sequential approach to respond to the challenges of changing shopping habits. site selection. Preference will be given to sites in town centres followed by edge of centre, district and local National and Structure Plan centres and only then out of centre sites in locations that are accessible by a choice of means of transport. Guidance Before the sequential approach can be applied, PPG6 and the Ministerial Statement of February 1999 3.3 The Department of the Environment’s Planning require the demonstration of need of additional retail Policy Guidance Note 6 - Town Centres and Retail development. Developments which was revised in June 1996, provides guidance on the Government’s objectives for 3.4 The Cumbria and Lake District Joint Structure town centres and retailing: Plan encourages proposals which secure the long- term viability and vitality of the major town centres of ‘‘... to sustain and enhance the vitality and viability of the county (Policy 45). Town centres are defined as town centres; `city, town and traditional suburban centres, which provide a broad range of facilities and services, which ... to focus development, especially retail fulfil a function as a focus for both community, and for development, in locations where the proximity of public transport’.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 29 Chapter 3 : RETAIL

Retailing in South Lakeland KENDAL TOWN CENTRE

3.9 Kendal is the main market and shopping centre for 3.5 The main shopping centres within South a large area of South Cumbria. Shoppers are drawn from Lakeland have experienced pressures for out-of-town a catchment area stretching beyond South Lakeland to development; a number of edge-of-town retail outlets Kirkby Stephen in the north and the Arnside-Silverdale have been granted permission within South Lakeland area in the south. Trade is also bolstered by tourist over the last ten years together with other competing spending in the town. Spending projections and the stores in Barrow, Lancaster and Morecambe. Retailing growth of population suggest that consumer spending will in Kendal has at best remained fairly steady. Ulverston continue to rise. experienced a downturn in market conditions during the early and mid 1990's, due in part to the influence 3.10 In 1989 the Westmorland Shopping Centre was of retail developments in Barrow-in-Furness. This opened offering 41,000 sq feet (3,800 sq metres) of trend has in recent years reversed and Ulverston has floorspace and over 700 car parking spaces. Permission seen a gradual upturn in retail growth. The Authority is has been granted for another shopping centre particularly concerned about the number of vacant development at Elephant Yard off Stricklandgate. This will premises in parts of Kendal and Ulverston town provide approximately 34,000 sq feet (3,100 sq metres) of centres. The town centres of Kendal and Ulverston floorspace and a further 70 parking spaces. Following the are defined as the primary and secondary shopping closure of a town centre food supermarket and the areas development of a further edge-of-town discount foodstore (8,000 sq ft net), the Authority will seek to avoid any 3.6 The Local Plan’s aim is to provide the appropriate further erosion of town centre food retailing. This is balance of shopping facilities, retaining the diversity and particularly important given the number of households vitality of the town centres whilst providing opportunities living in, or close to the centre without access to a private for modern forms of convenience shopping. At the same car. time the Council is anxious to maintain smaller rural and neighbourhood shops which are vital to households 3.11 With improvements to customer choice, car- without cars, the young and old and in helping to support parking facilities and amenity in Kendal town centre, community life. culminating in the pedestrianisation of Finkle Street and Market Place, the town has significantly increased its 3.7 In recent years the town centres of the District attraction to shoppers. However, faced with ongoing have undergone significant environmental enhancement competition from neighbouring centres Kendal needs to programmes. The Authority has also fostered a more continue to improve its range of shops, its amenities and proactive approach to the management of the District’s its competitiveness. Further retail floorspace will therefore town centres with the establishment of the Town Centre be allowed in the town centre providing that the Management Group in 1991 and the subsequent development is of an appropriate size and scale and appointment of a Town Centre Officer. This approach, would not have an adverse effect upon the vitality and which is advocated by the Government, improves links viability of the town centre as a whole. Development between the public and private sectors to ensure the which may lead to widespread shop closures or contribute proper co-ordination and development of services in the significantly to traffic or servicing problems in the town town centres. centre would not be considered acceptable. The development would need to be a high quality design, 3.8 Town centres provide a convenient location for not utilising natural materials wherever possible to only shops and offices, but also for a range of activities complement the town’s distinctive character. At the same which can contribute to the liveliness of the town time, the District Council will actively seek to revitalise throughout the day and evening. Such uses include secondary shopping areas in the town such as Highgate leisure facilities, restaurants, entertainments and and Lower Stramongate, through traffic management, residential accommodation. The Government's 'Living enhancement works, encouragement of appropriate over the Shop Initiative' (LOTS) has provided financial conversions and mixed development schemes. assistance to bring vacant floorspace above shops back into productive use. It also prevents the deterioration of the fabric of the buildings. The District Council supports this type of development to enhance the vitality of the District’s town centres, particularly within the Secondary Shopping Areas (SSAs) of Kendal and Ulverston. page 30 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 3 : RETAIL

RETAIL DEVELOPMENT, RETAIL ALLOCATION KENDAL TOWN CENTRE KENDAL TOWN CENTRE

The development of retail floorspace will be Land behind the Westmorland Gazette, allowed in Kendal town centre providing the Stricklandgate, Kendal is allocated for retail use. Policy R1

development: Policy R1a Development of the site will be permitted providing that it meets with the criteria set out in (a) does not have an adverse effect upon the Policy R1 and that: vitality and viability of the town centre as a whole; (a) the ground floor uses fall within use classes (b) is adequately serviced, providing access for A1, A2 and A3*; disabled people and parking, where appropriate; (b) adequate access, parking, servicing and delivery arrangements are provided; (c) is of a high standard of design, in scale with the character of the town and the (c) the design reflects the townscape of Kendal conservation area; and and in particular the local distinctiveness of the yard patterns; and (d) would not lead to excessive and unsafe traffic movements in the vicinity of the site. (d) the proposal provides pedestrian links to access other parts of the town centre.

NEW RETAIL DEVELOPMENT KENDAL TOWN * First floor uses include office and residential CENTRE development

3.12 Planning Policy Guidance Note 6 requires Local Planning Authorities to have regard to broad forecasts of retail demand over the plan period and future 3.13 The District Council accepts that the trend towards changes in the retail sector as the basis for identifying new forms of shopping are likely to continue and that sites for future development. The Kendal Retail Study edge of town and edge of centre retail outlets have a (May 2000) has made an assessment of need and legitimate role to play in the changing patterns of has identified that Kendal has the potential capacity shopping. However, in assessing any new proposals for for some 1,000 sq. m (10,800 sq. ft) of convenience this type of retail development, the Council must be goods floorspace towards the end of the Local Plan satisfied that any further edge-of-town stores will period. Also identified is the capacity to support up to complement, rather than damage Kendal town centre. 8,000 sq. m (86,000 sq. ft) net of additional durable goods floorspace by 2006 and increasing cumulatively 3.14 Kendal is currently served by three large out of to 17,000 sq. m (183,000 sq. ft) net by 2011. However, centre foodstores amounting to 57,000 sq. feet/ 5,300 the Ministerial Statement (February 1999) and PPG6 sq metres (net), and 6 out of centre non food stores. states that `…the requirement to demonstrate `need' should not be regarded as being fulfilled simply by The District Council believes that, in view if the showing that there is capacity or demand for the anticipated growth in retail expenditure over the Plan proposed development. Capacity or demand may form period, this represents an adequate provision and part of the demonstration of need, the significance in distribution of edge of Kendal shopping. Any future any particular case of the factors which may show proposals for large scale shopping developments need will be a matter for the decision-maker'. outside Kendal town centre should be confined to the edge of centre sites in accordance with the sequential test set out in Policy R2 part b(i). Those developments 3.12a To facilitate retail development in Kendal town centre, land behind the Westmorland Gazette between that represent the sale of large scale bulky Stricklandgate and Low Fellside is identified for retail comparison items may locate on an out of centre site use. Ancillary uses of the site in conjunction with a providing it meets the sequential test set out in Policy retail scheme such as residential or office units will be R2 part b(ii). Proposals will also need to be encouraged. accompanied by evidence to demonstrate that the

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 31 Chapter 3 : RETAIL

development would not have an adverse effect on the vitality and viability of Kendal town centre. The council >>> is particularly anxious to retain the current level of food retailing in the town centre and in the exceptional (f) provide adequate parking and servicing circumstances, where further edge of town retailing arrangements together with an element of park ispermitted, the Local Planning Authority will expect and ride to serve the town centre; and the retailer to provide public transport links with the (g) ensure that landscaping details form an town centre and residential areas together with park integral part of the proposals for the site. and ride facilities for commuters and visitors to reduce Policy R2 (cont.) parking pressure in the town centre. NOTES Bulky goods comprise furniture and floor coverings, DIY and hardware and all electrical goods.

RETAIL DEVELOPMENT OUTSIDE KENDAL TOWN CENTRE ULVERSTON TOWN CENTRE Further proposals for new, large scale, retail development outside Kendal town centre will not 3.15 Ulverston has the second largest shopping centre Policy R2 be allowed, unless the proposal is accompanied in the Local Plan area. The town serves a relatively by evidence to demonstrate that the development extensive, but sparsely populated rural hinterland. would not have an adverse effect on the vitality and viability of Kendal town centre. In addition, 3.16 The town centre contains some 27,000 sq feet / development proposals will need to: 2,500 sq metres (net) of convenience floorspace (mainly food) and 88,000 sq feet / 8200 sq metres (net) of (a) provide evidence of a demonstrable need durable goods floorspace (clothes, furniture etc.). for the development; 3.17 By comparison, Barrow-in-Furness (outside the (b) demonstrate the following sequential test: Plan area), the most important retail centre in Furness, (i) for an edge of centre site all proposals contains approximately 330,000 sq feet / 30,600 sq must demonstrate an absence of suitable metres of shopping floorspace (including a recently sites in the town centre before consideration constructed shopping centre), as well as several edge-of- is given to the suitability of edge of centre town stores. Not surprisingly, there is a sizeable locations; ‘‘leakage’’ of spending to Barrow which offers a wider range of multiples and opportunities for large scale food (ii) for an out of town centre site proposals shopping in edge-of-town stores. A MORI survey for the retail sale of bulky comparison items undertaken for Cumbria County Council in 1993 indicated must demonstrate a lack of suitable town that 26% of shopping for clothes and household goods centre and edge of centre sites, and only and 22% of food shopping by South Lakeland households then can an out of centre site be considered. An out of centre site must be (particularly from Furness) was undertaken in Barrow. The accessible by a choice of means of Booths foodstore at Canal Head, Ulverston, provides a transport which may require the proposal to modern convenience store for the town, which reduces provide an element of park and ride to serve some of the leakage of spending to Barrow. the town centre.

(c) be restricted to the retail sale of bulky comparison items unless the requirements of a) and bi) are satisfied.

(d) assess the likely effect on overall travel patterns and car use;

(e) include a high standard of design sympathetic to the character of the area; 1 For the purpose of this proposal, LARGE SCALE SHOPPING DEVELOPMENTS are those where the gross cont.>>> floor space is over 10,000 sq ft (929 sq metres)

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3.18 Whilst it is accepted that Ulverston cannot NEW RETAIL DEVELOPMENT OUTSIDE compete with other major centres, it is important that the ULVERSTON TOWN CENTRE overall vitality and viability of the town centre is protected and enhanced. To achieve this, the Local Plan will seek to 3.19 The demand for convenience shopping improve the attractiveness of the town centre whilst at the floorspace has been largely satisfied by the foodstore same time limiting new retail development which would at Canal Head. Given retail spending projections jeopardise the vitality of the existing shopping area. Small during the Local Plan period and the increasing scale development and re-development schemes will be competition from Barrow, it is unlikely that any further allowed in the centre, providing that they are appropriate retail development could be accommodated outside in scale and character. In addition, the conversion or the centre without damage to existing town centre amalgamation or existing shop units will be encouraged trade. Any future proposals for large scale shopping where this does not lead to the introduction of non-retail developments outside Ulverston town centre should uses in the main shopping streets. This could help to be confined to edge of centre sites in accordance with increase the size of shops to a level which is more the sequential test set out in Policy R2 part b(i). Those appropriate to modern retail requirements. developments that represent the sale of large scale bulky comparison items may locate on an out of centre site providing it meets the sequential test set NEW RETAIL DEVELOPMENT, out in Policy R2 part b(ii). ULVERSTON TOWN CENTRE

New retail development in Ulverston town centre will be limited to small sites and to the extension Policy R3 RETAIL DEVELOPMENT OUTSIDE or alteration of existing premises within the ULVERSTON TOWN CENTRE shopping area, provided that there will be no detrimental effects on existing shopping facilities, Further proposals for new, large scale, retail traffic circulation or character of the town and its development outside Ulverston town centre will Policy R5 conservation area, and subject to adequate not be allowed, unless the proposal is provision being made for parking, disabled access accompanied by evidence to demonstrate that the and servicing. development would not have an adverse effect on the vitality and viability of Ulverston town centre. In addition, development proposals will need to:

(a) provide evidence of a demonstrable need for the development; CONVERSION OR EXTENSION OF EXISTING RETAIL PREMISES, (b) demonstrate the following sequential test: ULVERSTON TOWN CENTRE (i) for an edge of centre site all proposals must demonstrate an absence of suitable In Ulverston town centre, favourable Policy R4 sites in the town centre before consideration consideration will be given to the conversion and is given to the suitability of edge of centre amalgamation of existing premises to retail use, locations; where it can be demonstrated that: (ii) for an out of town centre site proposals (a) it will increase the range of unit sizes for the retail sale of bulky comparison items available to retailers; must demonstrate a lack of suitable town centre and edge of centre sites, and only (b) there will be no detrimental effects on traffic then can an out of centre site be circulation or the townscape; and considered. An out of centre site must be accessible by a choice of means of (c) adequate provision is made for disabled transport which may require the proposal to access and servicing where appropriate. provide an element of park and ride to serve the town centre. cont.>>>

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>>> RETAIL DEVELOPMENT IN MINOR SHOPPING CENTRES (c) be restricted to the retail sale of bulky comparison items unless the requirements of (a) In the shopping centres of Grange-over-Sands, and (b)(i) are satisfied. Kirkby Lonsdale, Arnside and Milnthorpe Policy R6 favourable consideration will be given to small (d) assess the likely effect on overall travel scale retail development in suitable locations and patterns and car use; the extension or alteration of existing premises,

Policy R5 (cont.) subject to there being no adverse effects on the (e) include a high standard of design surroundings. sympathetic to the characterof the area;

(f) provide adequate parking and servicing arrangements together with an element of park SMALL SCALE RETAIL DEVELOPMENT and ride to serve the town centre; and OUTSIDE SHOPPING CENTRES

(g) ensure that landscaping details form an 3.21 A number of rural villages such as Burneside, integral part of the proposals for the site. Burton, Cartmel and Endmoor have managed to keep a shop or post office, although they have been lost NOTES from many smaller settlements. The authority will seek Bulky goods comprise furniture and floor coverings, DIY and hardware and all electrical goods. to protect such facilities from conversion to residential use (see Policy H13). Some housing estates also accommodate small shops which serve an important RETAIL DEVELOPMENT IN MINOR SHOPPING function for local residents. Increased personal CENTRES mobility and the attraction of large shopping centres pose a significant threat to the viability of such 3.20 Kirkby Lonsdale, Milnthorpe, Grange-over-Sands facilities. The District Council will, therefore, look and Arnside are the most important shopping centres favourably on proposals for new shops in suitable outside Kendal and Ulverston, performing a valuable role locations, where these are intended to serve existing in meeting the daily shopping requirements of local communities or new housing areas. In those villages residents. All of these centres have been influenced by that are attractive to tourists due to their proximity with tourism to some extent and contain a high proportion of the National Parks or because of their heritage and shops and cafés catering for this trade. The maintenance character, the District Council will balance the support and enhancement of shopping facilities in these given by Policy R7 against the loss of residential settlements is clearly important. Large scale retail accommodation available to the local community. development however is considered to be inappropriate in terms of the needs of local people, and the likely effects on the surroundings, some of which are designated as Conservation Areas. RETAIL DEVELOPMENT OUTSIDE SHOPPING CENTRES

Favourable consideration will be given to small- scale retail development on suitable sites in rural Policy R7 settlements or large new housing developments where this is necessary to meet the needs of the local community.

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Non-retail Businesses in Shopping Areas PROTECTION OF RETAIL FRONTAGES IN THE PRIMARY SHOPPING AREAS OF IN THE PRIMARY SHOPPING AREAS OF KENDAL AND ULVERSTON TOWN KENDAL AND ULVERSTON CENTRES Policy R8 3.22 Many non-retail businesses, such as estate Proposals for the change of use in the primary agents, building societies and insurance offices, are shopping areas of Kendal and Ulverston from located in ground floor premises on shopping streets in retail (class A1) to other uses (in classes A2 and Kendal, and Ulverston town centres. Although such uses A3) will be considered having regard to the are appropriate in the town centre, an over-concentration following factors: of non-retail businesses can affect the viability of parts of shopping streets by creating stretches of unattractive (a) the location and prominence of the premises frontage or by occupying premises more suited to retail within the shopping frontage; activities, ie. those with rear servicing facilities or large ground floor frontages. The District Council is seeking to (b) the floorspace and frontage of the premises; avoid an over-concentration of non-retail uses in busy (c) the number, distribution and proximity of shopping streets of Kendal and Ulverston, and to protect other premises in uses within classes A2 those premises most suited to retail purposes. To assist in and A3 or with planning permission for such controlling the location of such businesses, the town use; centres have been divided into ‘‘Primary Shopping Areas’’ and ‘‘Secondary Shopping Areas’’. The extent of these (d) the particular nature and character of the areas is shown on the Proposals Map. use proposed, including the level of activity associated with it; 3.23 The Primary Shopping Areas (PSAs) contain the town centres’ busiest shopping streets and most of the (e) the proportion of vacant street level property large retail units. It is intended that the location of further in the primary shopping area; non-retail businesses in the PSA should be carefully controlled to protect the vitality of the shopping centre, (f) whether the use proposed will give rise to and to ensure that important retail properties are not lost disturbance or nuisance. to other uses. In some parts of the PSAs in Kendal and Ulverston, high proportions of non-retail uses already exist in close proximity eg. parts of Highgate in Kendal and New Market Street in Ulverston. Policy R8 sets out a IN GRANGE-OVER-SANDS, KIRKBY series of factors which will be taken into account in determining whether future changes of use from retail LONSDALE, CARTMEL AND THE SECONDARY (A1) to non-retail (A2 and A3) uses should be permitted. SHOPPING AREAS OF KENDAL AND The Local Planning Authority is anxious to control the ULVERSTON location and density of non-retail businesses within the primary shopping areas of Kendal and Ulverston to 3.24 The authority is concerned about the influx of prevent the creation of long stretches of uninteresting cafés, banks and building societies in Kirkby Lonsdale, frontage. This would lead to the further erosion of the Grange-over-Sands and Cartmel. Such uses, whilst character of the area and could undermine the providing all year round employment, a service to local performance of the shopping centre. residents and visitors as well as an outlet for local produce, can result in a loss of vitality of the shopping areas. They can also have an adverse effect on the Conservation Areas.

3.25 The Secondary Shopping Areas (SSAs) of Kendal and Ulverston town centres consist of the less busy shopping streets, where premises are generally smaller and there is a greater mix of retail and non-retail uses. Although an over-concentration of non-retail uses is still undesirable in the SSA, there is more scope than in the

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Primary Shopping Area for such businesses to locate in ground floor premises. Proposals for non-retail HOT FOOD TAKEAWAYS businesses will be judged in relation to the proportion of IN PRIMARY SHOPPING AREAS vacant property at street level, whether they are likely to give rise to disturbance or nuisance not capable of The location of hot food takeaways in premises in resolution by the imposition of appropriate planning the Primary Shopping Areas of Kendal and conditions, together with their effect on the appearance of Policy R10 Ulverston will be controlled in accordance with the the shopping street and the Conservation Area. following principles:

(a) no more than two adjoining non-retail uses NON-RETAIL USES IN including hot food takeaways of any type MINOR SHOPPING AREAS will be permitted; and Within Kirkby Lonsdale, Grange-over-Sands, (b) hot food takeaways will not be permitted in Cartmel and the Secondary Shopping Areas of Policy R9 retail premises with rear servicing access, or Kendal and Ulverston, proposals for non-retail within large or dominating ground floor uses in ground floor premises will be favourably frontages. considered providing:

(a) there will be no disturbance or nuisance;

(b) there is no adverse impact on the character of the shopping street or Conservation Area; and HOT FOOD TAKEAWAYS IN SECONDARY SHOPPING AREAS (c) in conjunction with other non-retail uses, it will not dominate the shopping area in a Within the Secondary Shopping Areas of Kendal way which would affect the area’s retailing and Ulverston and within the remaining town performance. Policy R11 centres of the District, proposals for hot food takeaways will be favourably considered where there is no adverse impact on traffic flows and highway safety on adjacent residential property, HOT FOOD TAKEAWAYS schools, churches, hospitals and other sensitive land uses, or on the character of the shopping 3.26 Hot food takeaways including those provided as an street, and where the adjacent property is not ancillary service to fast food restaurants, are a vital and occupied by another hot food takeaway or non- popular element in a modern day town centre. However, retail use. their presence can create difficulties for both traffic flows, as by their nature they are likely to attract high levels of vehicle movement and on-street parking, and for residential amenity due to cooking smells, litter and noise. As the quality of advertisements and signs is often poor HOT FOOD TAKEAWAYS they introduce an unattractive frontage in a shopping IN RESIDENTIAL AREAS street, and it is common for takeaway operations to be closed for long periods during the day-time. These factors Outside of Primary and Secondary Shopping combined introduce ‘‘dead frontage’’ into shopping streets Areas hot foot takeaways will not be permitted and can reduce the vitality and the visual quality of the Policy R12 unless the likely effects of noise, cooking smells shopping street. For this reason the Local Planning and general disturbance to neighbours is within Authority wish to control their location to only the most acceptable limits. appropriate areas and curb the development of long frontages of non-retail use.

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AMUSEMENT CENTRES

3.27 Concern has been expressed at both national and local levels at the development of amusement centres in shopping areas. Planning Policy Guidance Note 6 indicates that amusement centres are most likely to be acceptable in Secondary Shopping Areas or areas of mixed commercial development, provided that noise or disturbance would not affect residential property, schools, churches, hospitals or other sensitive land uses. Amusement centres likely to affect visual amenity are also considered to be out of place in Conservation Areas. The Local Plan therefore seeks to prevent the location of amusement centres outside the Secondary Shopping Areas of Kendal and Ulverston. Within the Secondary Shopping Area, proposed amusement centres should not result in adverse effects on nearby land uses or on the character of the Conservation Areas.

AMUSEMENT CENTRES

Amusement centres will not be permitted outside the Secondary Shopping Areas of Kendal and Ulverston. Within the Secondary Shopping Areas,

Policy R13 amusement centres will only be permitted where there will be no adverse effects on the surrounding area in terms of noise, disturbance or visual amenity.

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page 38 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 TOURISMTOURISM Chapter 4 : TOURISM

Introduction ...... 39

Hotels and Serviced Accommodation ...... 40

Self-catering Accommodation (excluding Caravans and Chalets) ...... 42

Caravan and Chalet Development ...... 43

Camping Sites ...... 45

Camping Barns ...... 45

Visitor Facilities and Attractions ...... 46

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 4 : TOURISM

proposals which contribute, rather than detract, from the quality of the environment; promote a greater understanding of environmental quality; and adopt visitor management techniques which avoid damage to the environment. In addition, the District Council will be seeking to extend the approach currently being adopted in the Lake District National Park on traffic control and management, to other parts of South Lakeland.

4.3 The Local Plan’s approach also recognises the varying ability of different areas in the District to accommodate tourism. Grange-over-Sands for example has seen a decline over recent decades in its fortunes as a tourist resort - largely due to competition from the foreign holiday market. Nevertheless its role as a coastal resort remains an important one and the District Council will encourage appropriate investment in the town’s visitor attractions, accommodation and environment. Following advice in PPG21 the District Council will apply a tourism policy to Grange-over- Sands to address the issue of accommodation retention. The Council is also working in partnership Introduction with neighbouring Councils, local groups, hoteliers and the Tourist Board in a Tourism Marketing and 4.1 Tourism has become one of the most important Development Programme (Furness Tourism sectors of the South Lakeland economy. It is the biggest Partnership) for the whole of the Cartmel and Furness single employer with some 8,400 direct jobs and 6,400 area outside the National Park. The main purpose of indirectly supporting the industry. The South Lakeland the Programme is to spread the economic benefits of area (including the National Parks) attracted an estimated tourism throughout the Furness area and to develop a 4.9 million day visitors and 6.9 million overnight stays in wider range of accommodation and attractions. The 1992. Throughout the district, visitors spent something Local Plan policies will, therefore, adopt a positive like £400 million of which some £107 million stayed in the approach to new tourism developments in the Cartmel local economy. Of course the area attracts visitors on this and Furness area subject to measures which massive scale because of its spectacular landscape safeguard the environment, highway safety, residential quality and its heritage. The Local Planning Authority has amenity etc. the task of maximising the economic benefits from visitors whilst, at the same time, protecting the very qualities which attract people in the first place. 4.4 In stark contrast, the development of new facilities and attractions in the Arnside-Silverdale Area of 4.2 Local Plan policies are, therefore, seeking to strike Outstanding Natural Beauty needs to be strictly a balance which provides a framework for the tourism controlled. The main purpose of AONB designation is the industry to develop and sustain local employment whilst, conservation of natural beauty - the opportunities for at the same time, protecting the high quality of the absorbing additional tourism and recreation activities landscape and wildlife and the interests of local residents. without damage to the area’s fragile landscape qualities The policies have been guided by advice in Planning are limited. Policy Guidance Note 21 on Tourism and policies 10 and 52 in the Cumbria and Lake District Joint Structure Plan. 4.5 Throughout the Local Plan area the District They also reflect Cumbria Tourist Board’s "Regional Council will seek to ensure that tourist development is Tourism Strategy" which was prepared with local related to economic need and is appropriate in nature, authorities, other agencies and the private sector, in 1997. design and siting. Where possible it should also foster the All of this guidance stresses the importance of adopting visitor’s understanding and enjoyment of the District’s an increasingly ‘‘sustainable’ approach to tourism environment and heritage. This broad principle is set out development. To reflect this the Council will favour in Structure Plan Policy 52.

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‘‘Policy 52 HOTEL DEVELOPMENT Tourism development will normally be favourably WITHIN DEVELOPMENT BOUNDARIES considered outside National Parks, especially where there is a need to diversify the local economy and the Proposals for the development of new hotels and development would benefit the local community. Any

Policy T1 other serviced accommodation will be permitted development should in its nature, siting, scale and providing that: design: (a) the site is within the development i) be sensitive to the character of the surrounding boundaries of the settlement and is not landscape or townscape, and to other important areas allocated for housing use; or features of conservation value, and (b) the proposal will not be harmful to the ii) have no significant adverse impact on the residential amenity, appearance or character amenities and character of nearby communities, and of the settlement;

iii) not create undue nuisance from traffic, especially (c) the scale, design and materials of the on quiet, rural roads, and proposed building and access, servicing and parking arrangements are satisfactory; and iv) within AONBs give special consideration to the conservation of their natural beauty.’’ (d) the proposal is not within the Arnside- Silverdale Area of Outstanding Natural Hotels and Serviced Beauty. Accommodation (e) proposals within the Arnside-Silverdale Area 4.6 Hotels and other forms of serviced of Outstanding Natural Beauty are of an accommodation, like guesthouses, are important to the appropriate small scale. local economy because of the jobs they provide and the spin-offs to other local firms who supply goods and services. They are used by a large proportion of staying visitors to the area - the group which generates most 4.7 In many cases, hotels and guest houses are the spending in the local economy. The Local Plan has not result of conversions of large country houses and allocated sites for the construction of new hotels and buildings of Special Architectural or Historic Interest, guest houses - it will treat applications on their merits which might otherwise have become redundant or been subject to criteria covering their siting, design, scale and poorly maintained. In considering permissions for traffic impact. However, it will generally seek to limit their conversion and change of use, the Local Planning development to sites which are not earmarked for other Authority will seek to ensure that the historic and special uses, within the development boundaries of towns and architectural qualities of the building are not lost. In some large settlements. In some circumstances though, it may circumstances, it may also be appropriate to allow be appropriate to locate hotels and guest houses on sites existing employment premises to be converted to hotel allocated for employment. Because of the sensitive use (see Policy E6) to enable the building to be put to a landscape qualities of the area and the existing recreation viable use and retain some form of employment on the and tourism pressures, new hotel proposals within the site. Arnside-Silverdale Area of Outstanding Natural Beauty should be small in scale. 4.8 Where new development and conversions for hotels are allowed, the District Council will pay careful attention to the proposals for advance signs and advertisements, especially within sensitive locations such as Conservation Areas. Proposals will be judged in relation to Policy S20, and where appropriate, Policies S21 and S22. The Council will also be mindful of the need to ensure that there is no harm to protected species during any conversion project (see Policy C8).

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4.8a The Local Plan recognises that the tourist industry is a major employer underpinning the CONVERSION OF BUILDINGS TO HOTELS economy in the South Lakeland area, creating AND SERVICED ACCOMMODATION facilities and services of benefit to local residents and visitors. Grange-over-Sands is experiencing the same The conversion of buildings to hotels and other

changes as many other coastal resorts in the UK. Policy T2 serviced accommodation will be permitted, Difficulty in retaining trade has led to a gradual decline providing that: of the town's tourist accommodation. Research has (a) the building is capable of conversion without shown that a significant proportion of the town's requiring major extension, rebuilding or former tourist accommodation has been converted to significant external alteration; residential development. It is therefore important to maintain and where possible, enhance, the quality and (b) the proposal will not be harmful to range of accommodation such as hotels, residential amenity or to the appearance or guesthouses, holiday centres and self catering character of the area; accommodation. Paragraph 5.24 of PPG21 states that `the conversion of hotel stock to alternative uses (c) the conversion proposals are sympathetic in can weaken a season town's ability to retain its status terms of layout, design and materials; as a tourism destination.' Policy T2a coupled with (d) access, servicing and parking arrangements future regeneration and environmental initiatives will, it are satisfactory; and is hoped, retain a strong tourism industry in the area. (e) it will not result in the loss of significant 4.8b The viability of a business will be assessed architectural or historic features particularly against information such as trading patterns and if the building is listed. occupancy rates and a summary of the trading accounts. Particularly convincing evidence of non- (f) It will not result in the generation of viability will be required of any proposal that would inappropriate levels of traffic and represent a significant loss of tourist accommodation. recreational use in the open countryside. In assessing the viability of tourist accommodation, the Council will seek independent advice from the Cumbria Tourist Board.

4.8c Policy T2a deals with the loss of a hotel, RETENTION OF HOLIDAY boarding house or guest house to residential ACCOMMODATION IN development. Such a loss will not be permitted unless GRANGE-OVER-SANDS a number of criteria are met. It will be permissible however for the conversion of a hotel, boarding house The Council will only permit the loss of a hotel,

or guest house to self catering accommodation which Policy T2a boarding house and guest house where is encouraged under Policy T3. (a) there is clear evidence that the property concerned can no longer be operated as a profitable business; or

(b) the proposal would result in a major upgrading of the structural condition of the building.

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Self-catering Accommodation (excluding Caravans and Chalets) SELF-CATERING ACCOMMODATION OUTSIDE DEVELOPMENT BOUNDARIES 4.9 There has been a steady growth in self-catering holidays in recent decades. It can take many forms - Outside the development boundaries, proposals

including holiday lets in permanent houses, purpose-built Policy T4 for new build self-catering units will not be units and converted properties (as well as in caravans allowed. Proposals for the conversion of which are covered in paragraphs 4.11-4.16. If carefully traditional buildings and barns to self-catering controlled, it is a market that can be readily absorbed accommodation will be permitted where the within the countryside and can make a valuable following criteria are satisfied: contribution to the rural economy. (a) details of design, layout, parking and access 4.10 Self-catering units may provide a suitable arrangements are satisfactory and alternative use for traditional buildings and barns. appropriate to holiday accommodation; Although conversion standards still need to be high, self- catering holiday units will not usually need to be designed (b) Significant architectural or historic features with the same requirements as permanent houses. Many are safeguarded; of the trappings of residential use such as garages, fenced garden areas, sheds and greenhouses are not (c) the proposal will not give rise to the erection necessarily needed and the internal layout can be more of new or replacement buildings which basic. The result can be a more sympathetic and would be detrimental to the landscape and successful conversion with modest environmental impact. amenity of the area; and Conversion schemes will be expected to meet the standards and design criteria set out in Policies H11 and (d) the applicant enters into a planning H12. obligation or the permission is subject to a condition limiting the accommodation to self- catering holiday use only; and

(e) It will not lead to the generation of SELF-CATERING ACCOMMODATION inappropriate levels of traffic and WITHIN DEVELOPMENT BOUNDARIES recreational use in the open countryside. Proposals for the development of new or

Policy T3 converted self-catering accommodation will be permitted providing that details of the design, layout, parking and access arrangements are satisfactory and appropriate to holiday accommodation.

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Caravan and Chalet Development CARAVAN SITE DEVELOPMENT WITHIN THE ARNSIDE-SILVERDALE AONB 4.11 Although the pattern of demand for caravan and camping holidays has fluctuated over the last decade, it Within the Arnside-Silverdale Area of Outstanding

appears that an increasing number of caravans (both Policy T5 Natural Beauty, further static caravan touring and static) are now in use. There is still some development will not be permitted. Exceptions will pressure to open up new sites, increase the size and the be limited to small-scale expansions of existing range of facilities on existing sites and extend the season sites, where this can be achieved within the during which they can be used. The quality of South general screened boundaries of the site and Lakeland’s countryside demands that any measures to providing that there is no adverse impact on: relax the control of new development and extend the season must be carefully considered, as the impact of (a) conservation of the landscape and built new caravans or tents in the landscape can be very environment; damaging. It is a matter of carefully balancing the environmental impact alongside the need to encourage (b) the capacity of the surrounding road system tourism growth and economic diversification in certain and the adequacy of parking and access; or areas. (c) the protection of wildlife, archaeological and 4.12 In legal terms, there is little distinction between geological features. static caravans and some types of chalets. Where a chalet does not have foundations anchoring it to the ground, is not built of permanent materials such as bricks and mortar, and is capable of being moved, it can replace 4.14 Elsewhere in the District differing degrees of a caravan (or vice versa) without the need for planning potential for caravan development exist. Areas close to permission. The District Council has, therefore, taken the major roads, e.g. M6 and A590, have obvious locational view that the approach to new and extended caravan and assets, whilst more inaccessible areas or areas of holiday chalet developments should be the same. landscape and ecological importance will, for the most part, be unsuitable for caravan development. In general 4.13 There are already parts of the District which are therefore, permission for such development will only be considered sufficiently sensitive and well provided with granted for proposals limited to a size which can be caravan sites, to require restrictions on their future satisfactorily integrated into the surroundings, without development. The Arnside-Silverdale Area of Outstanding detriment to the landscape of the area (see Appendix C). Natural Beauty already has a particularly high level of The range of possibilities covers small informal sites provision for static and touring caravans. Although it is associated with farm diversification, modest extensions to acknowledged that the AONB is a popular visitor existing sites (in the order of a 10% increase in the destination, it is considered vital that the unique and number of caravans) and, in appropriate circumstances, sensitive landscape is protected from inappropriate entirely new sites. The District Council considers that the development. Additional caravan site development, would informality, the smaller range of built facilities and the place further pressure on the fragile countryside, and lead shorter season which is usually associated with touring to an increase in traffic on the narrow road network. sites is preferable to that of static caravan parks. It will, Within the AONB, therefore, caravan development in any therefore, adopt a more positive approach to proposals form will be discouraged. Exceptions may be made for for ‘‘informal’’ touring sites. However, in all cases the small-scale expansions of existing caravan sites which, applicant will be expected to demonstrate that there will for much of the season, can be absorbed within the not be an adverse impact in terms of the landscape, general screened boundaries of the site. nature conservation interests, surrounding roads and local communities.

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countryside. People are taking several holidays a year, many of which may be short breaks, no longer just in the CARAVAN SITE DEVELOPMENT OUTSIDE summer months. In order to meet these changing THE ARNSIDE-SILVERDALE AONB demands, a shorter closed season of a minimum of six weeks is considered beneficial to the local tourism Outside the Arnside-Silverdale AONB, proposals economy yet sufficient to safeguard the environment. To

Policy T6 for new caravan development, or small-scale avoid caravans being occupied permanently, planning extensions to existing sites, will only be permitted agreements will be used to restrict occupancy to holiday where there is no adverse impact on: lettings. In applying for an extension of the present open (a) the conservation of the landscape and built season caravan site owners will be expected to environment; demonstrate that the proposal will not be damaging to the landscape, nature conservation interests, SSSI's, National (b) the capacity of the surrounding road system Nature Reserves or the AONB. and the adequacy of parking and access; or

(c) the protection of wildlife, archaeological and geological features. EXTENSIONS TO CARAVAN PARK DEVELOPMENTS’ OPEN SEASON

Applications to extend the present open season in 4.15 It is considered necessary for caravan sites to

Policy T7 caravan parks will be allowed subject to the have a closed season during the year to help the following:- environment of the sites recover from heavy use during the peak holiday period. It enables the natural recovery of (a) the site is closed for a minimum of six the ground cover, the repair of paths and access lanes weeks over the winter period; and also the protection of the landscape, especially in sensitive areas such as the AONB. In addition a closed (b) there will be no detrimental impact to season prevents the caravan sites from providing all-year landscape or nature conservation interests; round accommodation. (c) there will be no adverse impact on Sites of 4.16 Planning Policy Guidance Note 21 ‘‘Tourism’’ Special Scientific Interest, National Nature advises local planning authorities on how they should be Reserves or the Arnside/Silverdale Area of responding to the changes in leisure demands in recent Outstanding Natural Beauty. years without compromising policies to safeguard the

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Camping Sites Camping Barns

4.17 There are relatively few sites specifically devoted 4.19 Camping barns provide a simple form of overnight to tented camping in South Lakeland outside the Lake accommodation for walkers and cyclists. Typically the District National Park. Typically pitches are provided on accommodation will be provided in converted farm existing caravan sites or in fields set aside for a short buildings with a toilet and a water supply. They may also period during the summer months. The use of land for have electricity and basic cooking facilities. If carefully this sort of casual and temporary camping is often not located this sort of accommodation can be provided subject to planning control. without creating environmental damage in the countryside or any impact on local roads and communities. They may 4.18 In practice the distinction between tents and provide a useful form of farm diversification. Proposals for caravans is becoming increasingly blurred. Although the conversions should be of a simple nature and involve season for tented camping tends to be shorter than that minimal change to the external appearance of the of touring caravans the camper using a frame tent often building. Camping barns will generally be considered arrives by car or uses a tent trailer. In most respects, appropriate in remote countryside locations close to therefore, the provision of camping sites should be based established rights of way and do not need to be close to on a similar criteria to that for touring caravans. Small- the main road network. External works of a domestic scale camp site developments in appropriate locations nature will be discouraged. and providing basic facilities will usually be permitted, particularly if provided in conjunction with farm diversification schemes. CAMPING BARNS

Conversion of traditional farm buildings to TENTED CAMPING SITES camping barns will be permitted providing that

Policy T9 there is no adverse impact on: Small-scale proposals for tented camping sites will be permitted providing that there is no (a) the character and appearance of the

Policy T8 adverse impact on: building;

(a) conservation of the landscape and built (b) the residential amenity of nearby environment; communities; or

(b) the capacity of the surrounding road system (c) nature conservation or wildlife habitats. and the adequacy of parking and access; or

(c) the protection of wildlife, archaeological and geological features.

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Visitor Facilities and Attractions VISITOR FACILITIES AND ATTRACTIONS

4.20 One of the key objectives in the "Regional Tourism The development of large scale visitor attractions Strategy for Cumbria" is the development of a greater will not be permitted outside the towns of Kendal, range of all year round and wet-weather attractions such Ulverston and Grange-over-Sands, although there as museums, exhibition areas and indoor leisure facilities. Policy T10 may be exceptional circumstances, for example, This sort of development may be appropriate in larger where it is linked to an established ‘‘heritage’’ site settlements such as Kendal, Ulverston and Grange-over- or facility, or well related to a major Sands, and in exceptional cases, for example, where it is communication route. Elsewhere, small-scale linked to an established ‘‘heritage’’ site or facility, subject tourism attractions will be acceptable. In all cases, to details of siting, access, parking etc, (see also Policy permission will be subject to meeting the following C14) or well related to a major communication route. criteria: However, elsewhere, the potential impact of large scale visitor attractions on the open countryside can be (a) the development is connected with the significant and will, therefore, not be permitted. physical or historic heritage of the area, or meets an identifiable gap in terms of leisure 4.21 Proposals for development of new large scale provision; attractions such as holiday centres, theme parks and wildlife centres which are unrelated to the area will be (b) the scale, location, design, materials and discouraged. Smaller scale visitor attractions particularly requirement for signs would not adversely those involving local skills or crafts and which are linked affect the character and appearance of the to the culture of the area and the community will be landscape or built environment; allowed subject to suitable siting, design, access, parking arrangements etc. Wherever possible, use should be (c) the development will not have an adverse made of existing buildings to house attractions and new impact on residential amenity or nature buildings will be subject to strict control in order to conservation interests; minimise any visual impact. The Council will also have regard to the likely requirement for directional and (d) there would not be significant adverse advance signs to the attraction and their potential impact on the local highway network and environmental impact. the access and parking arrangements are acceptable; and

(e) as far as possible, use is made of existing buildings - particularly redundant agricultural buildings in the countryside.

page 46 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 ENVIRONMENTENVIRONMENT & CONSERVATION & CONSERVATION Chapter 5 : ENVIRONMENT & CONSERVATION

Introduction ...... 47

SECTION 1 : CONSERVING THE LANDSCAPE ...... 47

Arnside-Silverdale Area of Outstanding Natural Beauty ...... 47

ARNSIDE-SILVERDALE PLANNING AND MANAGEMENT STRATEGY ...... 48

County Landscapes ...... 48

The Rest of the Countryside ...... 48

AVOIDING COALESCENCE ...... 49

Agricultural Land ...... 49

Farm Holdings ...... 49

Farmland Management and Environmentally Sensitive Areas ...... 50

Landscape and Ecological Enhancement ...... 50

The Impact of Lighting on Landscape and the Night Sky ...... 50

SECTION 2 : PROTECTING NATURE CONSERVATION INTERESTS ...... 51

Wildlife and Nature Conservation ...... 51

SITES OF INTERNATIONAL IMPORTANCE ...... 51

SITES OF NATIONAL INTEREST ...... 53

SITES OF REGIONAL OR LOCAL INTEREST ...... 53

LIMESTONE PAVEMENTS ...... 54

PROTECTED SPECIES ...... 55

Nature Conservation Management ...... 55

NATURE CONSERVATION AND THE COMMUNITY ...... 56

Forestry and Woodlands ...... 56

NEW PLANTATIONS AND WOODLANDS ...... 56

TREE PRESERVATION ORDERS ...... 56

WOODLAND MANAGEMENT ...... 56

WOODLANDS AND THE COMMUNITY ...... 56

Coastal Planning and Management ...... 57 SECTION 3 : CONSERVING THE HISTORIC ENVIRONMENT ...... 57

Buildings of Historic Interest ...... 58

DEMOLITION, ALTERATIONS AND EXTENSIONS TO HISTORIC BUILDINGS ...... 58

HERITAGE PROPERTIES VISITED BY THE PUBLIC ...... 59

Listed Buildings ...... 59

Conservation Areas ...... 61

DESIGNATION AND MANAGEMENT ...... 61

NEW DEVELOPMENT AND ENHANCEMENT ...... 61

ENVIRONMENTAL IMPROVEMENTS ...... 62

PRESERVATION OF CHARACTER ...... 62

GRANT AID ...... 63

SATELLITE DISHES ...... 63

Land and Buildings affecting Historic and Environmental Amenity ...... 63

Sites and Landscapes of Archaeological Interest ...... 64

DEVELOPMENT PROPOSALS AND MITIGATION ...... 64

MANAGEMENT ...... 65

Historic Landscapes, Parks and Gardens ...... 65

SECTION 4 : CONSERVING NATURAL RESOURCES AND AVOIDING HAZARDS ...... 66

Water Quality and Pollution ...... 66

Hazards and Emissions ...... 66

Derelict Land ...... 67

Contaminated and Unstable Land ...... 67

Flood Risk ...... 67

Tidal and River Defences ...... 68

WATERCOURSES AND COASTAL MARGINS ...... 68 SECTION 5 : RENEWABLE ENERGY ...... 68

Definition of Renewable Energy ...... 68

Government Policy ...... 69

Planning for Renewable Energy in South Lakeland ...... 69

LARGE SCALE PROPOSALS ...... 70

WIND ENERGY ...... 70

BIO-FUELS ...... 71

HYDRO ELECTRICITY ...... 71

SLURRIES ...... 72

SOLAR POWER ...... 72

CUMULATIVE IMPACT ...... 73

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 5 : ENVIRONMENT & CONSERVATION

district’s popularity as a visitor destination and, consequently makes a significant contribution to its economic prosperity.

5.5 In accordance with a sustainable approach to development planning, the policies and proposals in this chapter seek to quantify and strongly protect the district’s natural and built heritage. They also provide a base-line for guiding where and in what form development can take place.

SECTION 1 CONSERVING THE LANDSCAPE

5.6 South Lakeland District contains part of the Lake District and Yorkshire Dales National Park (both of which are outside the control of South Lakeland District Planning Authority and this Local Plan), the Arnside- Introduction Silverdale Area of Outstanding Natural Beauty, and extensive areas designated by the Structure Plan as Landscapes of County Importance. Only a small part of 5.1 Planning Policy Guidance Note 1 states that a key the district’s area falls outside these national and county role of the town and country planning system is: landscape designations. Structure Plan policies 11 and 12 ‘‘To enable the provision of homes and buildings, provide the strategic policy context for the protection of investment and jobs in a way which is consistent with landscapes of both national and local importance. the principles of sustainable development. It needs to be positive in promoting competitiveness while being Arnside-Silverdale Area of protective towards the environment and amenity". Outstanding Natural Beauty 5.2 The Joint Structure Plan for Cumbria and the Lake District states in strategic policy 2 that: 5.7 The parishes of Arnside and Beetham fall within the Arnside-Silverdale Area of Outstanding Natural Beauty ‘‘The County’s scenic beauty, natural resources and (AONB) which also includes several parishes in North quality of its built environment will be protected from Lancashire. (See Proposals Map). The AONB was first inappropriate development, especially those areas designated in 1972. and features of international or national conservation importance where harmful development will not be 5.8 The primary purpose of AONB designation is to permitted.’’ protect and enhance the area’s natural beauty, including landscape, flora, fauna and geological features. As the 5.3 This strategic policy framework is expanded in the landscape has been shaped by human influence, the South Lakeland Local Plan’s strategy and principles and conservation of archaeological, architectural and is carried forward in more detail in the policies and vernacular features are also important. In accordance with proposals set out in this chapter. Countryside Commission policy, the demands of recreation should only be met insofar as they are 5.4 South Lakeland has an extremely rich natural and consistent with conserving the area’s natural beauty and built heritage, including high quality landscapes, diverse the needs of agriculture, forestry and other uses. Within and important nature conservation interests and a wealth the Arnside-Silverdale AONB the District Council will give of historic buildings and archaeological remains. This high priority to the conservation and enhancement of the heritage contributes much to the quality of life enjoyed by character and quality of the landscape and to the district’s residents. It is also fundamental to the safeguarding these from inappropriate change. The

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District Council will, therefore, strictly control new County Landscapes development within the AONB to safeguard its natural beauty. In considering new proposals, it will also have 5.10 The Structure Plan (Policy 12 and Technical Paper regard to the economic and social well-being of the area No 4) designates some rural parts of Cumbria with a (PPG7, para 4.8). distinctive character and quality, as County Landscapes. The County Landscape designation replaces the former Areas of Great Landscape Value. The majority of South Lakeland, outside the urban areas and Arnside-Silverdale ARNSIDE-SILVERDALE AREA OF AONB, is judged to have landscape of County OUTSTANDING NATURAL BEAUTY importance. The designated areas are illustrated on the Proposals Map. In considering development proposals within the

Policy C1 Arnside-Silverdale Area of Outstanding Natural 5.11 County Landscapes in South Westmorland include Beauty, the District Council will give high priority characteristic drumlin fields, limestone hills, the Kent and to: Lune river valleys, and hills and fells to the north and east. County Landscapes in Cartmel and Furness include (a) the conservation and enhancement of the limestone hills, foothills, moorland and the coastal plains. character and qualities of the landscape; The District Council will strictly enforce Structure Plan and Policy 12: (b) the protection of its flora, fauna and ‘‘Development and other land use changes detrimental geological features; and to the distinctive character of County Landscape (c) safeguarding these from inappropriate Areas will not normally be permitted. Development change and development. required to meet local infrastructure needs which cannot be located elsewhere, will normally be permitted, provided it is sited to minimise environmental impacts and meets high standards of ARNSIDE-SILVERDALE PLANNING AND design.’’ MANAGEMENT STRATEGY

5.9 The District Council works closely with the The Rest of the Countryside Countryside Commission, other local authorities, Parish 5.12 The remainder of South Lakeland’s countryside Councils and the Landscape Trust to comprehensively which is not within the AONB or County Landscapes manage the AONB, with a view to protecting and includes the drained mosses and low drumlins south and enhancing its character. To this end the above bodies east of Milnthorpe; the urban fringe areas around Kendal, fund and manage the Arnside-Silverdale Countryside Ulverston and south of Flookburgh; and a drumlin field Management Service and have prepared a wide-ranging east of Barrow and Dalton in Furness. These are areas of Planning and Management Strategy. This Strategy seeks less distinguished open countryside which nevertheless to raise awareness of the area’s special landscape quality have important landscape qualities and require both and it provides a framework for the co-ordinated efforts of protection and enhancement. The County Structure Plan various bodies to conserve and enhance the area’s draws a distinction between the ‘‘undeveloped open character. The Arnside-Silverdale Forum was established countryside’’ and those other areas which have had some in 1995 to advise local authorities and other groups on development or are adjacent to urban areas. The District issues relating to the management of the AONB. It Council will, therefore, enforce Structure Plan Policy 13. represents a wide range of interests and is fully supported by the District Council. Therefore, the District Council ‘‘Policy 13: The Rest of the Countryside. will participate fully in the implementation of the Planning and Management Strategy for the Arnside- In the areas not covered by Policies 11 and 12, Silverdale Area of Outstanding Natural Beauty. development will normally be permitted which in its Measures to protect or enhance the character of the use, siting, scale and design is well related to existing area will be encouraged. developed areas of the countryside and does not harm distinctive features of local landscape significance. In the undeveloped open countryside

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development will not normally be permitted except Agricultural Land when it is required to meet local infrastructure needs which cannot be located elsewhere, and provided it is 5.15 Despite government policies to reduce the amount sited to minimise impacts and meets high standards of of land in production, agriculture remains (and will remain) design.’’ the single most important influence on the appearance, character and use of the countryside. These changes AVOIDING COALESCENCE however, do not diminish the need to maintain in (or available for) agricultural use that land which is 5.13 It is considered important that the district’s towns considered to be the best and most versatile for and villages should maintain their distinct and separate agricultural production. This is re-emphasised in Planning characters, and that key gaps are retained to prevent Policy Guidance Note 7 and County Structure Plan Policy eventual coalescence. The Structure Plan states in Policy 19. Agricultural land grades 1, 2 and 3a are considered to 14 that ‘‘Development will not normally be permitted be the best and most versatile though there is relatively which would result in an unacceptable reduction in the little of this in South Lakeland. Changes to the use of separation of towns and their surrounding settlements’’. such land are most significant in terms of the national The Structure Plan also advises that detailed boundaries interest, and proposals which affect significant areas of for areas of separation be defined in local plans. such grades are likely to be opposed by the Ministry of Agriculture, Fisheries and Food. 5.14 Within the plan area there are several areas of countryside between towns and surrounding villages 5.16 Where there is a choice of sites for development which it is considered important to protect. These ‘‘Green which satisfy other planning criteria, it will be preferable Gaps’’ will help maintain the distinctiveness of separate for development to be directed towards land of a lower urban communities, and also provide continued access to agricultural grade, except where this has significant the countryside. The definition of Green Gaps derived nature conservation value, as may be the case in some from Structure Plan Policy 14, must not be confused with upland areas. the Government's Green Belt policy which serves a different function. The proposed Green Gaps are listed below and illustrated on the Proposals Map. AGRICULTURAL LAND

Development will not be permitted which would ‘‘GREEN GAPS’’ result in the permanent loss of the best and most

Policy C3 versatile agricultural land, unless it can be shown In order to prevent the coalescence of settlements that no suitable land of a lower quality is and retain their distinct and separate characters, available.

Policy C2 the District Council has designated for special protection, those ‘‘Green Gaps’’ presently existing between: • Oxenholme and Kendal Farm Holdings • Burneside and Kendal 5.17 Care also needs to be taken when considering the • Swarthmoor and Ulverston relationship between new development and agricultural land to ensure that future problems are not created that • Ackenthwaite and Milnthorpe could affect the viability or operation of the farm. For example, farms close to development may suffer from In these ‘‘Green Gaps’’, development will not be trespass and other forms of disturbance, that could affect permitted unless: the efficiency or the upkeep of the holding. Equally, (a) it is essential for the needs of agriculture, certain farming practices may cause environmental forestry, local infrastructure or recreation and problems, such as noise, dust or smell, which would be cannot be located elsewhere; and considered unacceptable close to residential or certain commercial properties. The effect of severance or (b) it does not cause significant harm to the fragmentation of farm units also needs to be taken into open character of the ‘‘Green Gap’’ area. account when proposals affecting farmland are

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 49 Chapter 5 : ENVIRONMENT & CONSERVATION considered. Where proposals affect a significant part of a Landscape and Ecological farm holding, information may be requested on its extent Enhancement and whether the holding will continue to operate viably. 5.20 The District’s natural environment can be improved through conservation and enhancement schemes aimed at specific features or areas (County Structure Plan Policy FARM HOLDINGS 15). Schemes can range from small projects, such as tree-planting to larger scale activities such as the creation Development which causes unnecessary of areas of nature conservation interest. Although the severance or disruption of farm units will not be District Council has limited funds for such purposes, much

Policy C4 permitted. can be achieved by offering grants, advice and practical assistance to parish councils, local voluntary groups and bodies such as the British Trust for Conservation Volunteers and Cumbria Wildlife Trust. Farmland Management and Environmentally Sensitive 5.21 The District Council is an active network member Areas of Rural Action in Cumbria. Rural Action is funded by the Countryside Commission, English Nature and the Rural Development Commission and provides grants and 5.18 In many parts of Britain, farmers, the Ministry of advice to local voluntary groups wishing to undertake Agriculture, local authorities and other bodies work improvements to their local rural environment. The together to effectively manage the agricultural landscape. District Council will undertake conservation and Such management is particularly important where enhancement schemes where appropriate, subject to changing farming practices and agricultural improvements availability of resources. The District Council will also threaten traditional landscape features or wildlife habitats, support, through Rural Action and from its own and where recreational pressure may result in damage to resources, suitable proposals by parish councils and farmland and crops. Where management is considered voluntary groups for conservation and environmental necessary, the District Council will encourage co- enhancement schemes. operation between interested bodies on schemes to cover features such as footpaths, trees and hedgerows and wildlife areas. The Cumbria Farming and Wildlife Advisory The Impact of Lighting on Group offer advice and help to farmers undertaking wildlife conservation schemes. Landscape and the Night Sky

5.19 Environmentally Sensitive Areas operate under the 5.22 There is increasing concern about the provisions of the Agricultural Act 1986. The Lake District environmental impact of lighting associated with Environmentally Sensitive Area includes large parts of the development, both on the landscape and on the night sky. South Lakeland Local Plan area, including upper Furness, Outdoor lighting can cause a significant impact both on much of the Cartmel peninsula and countryside north and the appearance of urban and rural areas, and also cause east of Kendal. Within this area, grants are available to ‘‘skyglow’’, particularly where lighting is poorly designed, farmers who enter into management agreements or badly aimed. While lighting is needed in many areas in governing their protection and enhancement through the interests of public safety, and can enhance the traditional and less intensive farming methods. Therefore, appearance of some public buildings, other external the District Council will encourage consultation lighting is unnecessary, wasteful and visually intrusive. between the Ministry of Agriculture and local Particular problems can arise from: authorities, where farm improvements may be (1) new poorly designed street lighting in villages and detrimental to the landscape or wildlife of the area. historic towns and Conservation Areas; The District Council will particularly promote the conservation and protection of traditional farmed (2) increasing ribbons of road lights cutting through landscapes and habitats within the Lake District the countryside along existing or new roads; and Environmentally Sensitive Area. (3) badly designed lighting and floodlighting in car parks, sports facilities or new housing and shopping developments.

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5.23 To counter this growing problem, the Council for Wildlife and Nature Protection of Rural England (CPRE) and British Conservation Astronomical Association are promoting a campaign to minimise unnecessary and unsightly lighting. In 5.25 Within South Lakeland there is a rich diversity of supporting this campaign, the District Council will require nature conservation interests, from unimproved limestone full lighting details to be provided for all proposals habitats to wildfowl interests of international importance requiring external lighting. around the shores of Morecambe Bay. The most important sites are designated for special protection, under either UK or international legislation and EXTERNAL LIGHTING agreements. These sites, together with sites of regional or local importance within the Plan area, are listed in Applications for development requiring, or likely to Appendix D. The 23 Sites of Special Scientific Interest require, external lighting shall include details of (which cover all the sites of national or international importance) are also mapped on the Proposals Plan.

Policy C5 lighting schemes, which will be expected to demonstrate that: 5.26 Structure Plan Policy 17 provides general strategic (a) the lighting scheme proposed is the protection for all important nature conservation interests, minimum required to undertake the task; by setting a test which balances the conservation value at stake against the need for the development: (b) light spillage is minimised; ‘‘Policy 17 (c) in edge of town or village locations, or in rural areas, landscaping measures will be Development and other land use changes which are provided to screen the lighting installation detrimental to important nature conservation interests from view from neighbouring countryside will not be permitted unless the harm caused to the areas; and value of those interests is clearly outweighed by the need for the development. Where development is (d) there will be no dazzling or distraction of permitted the loss of conservation interest should, drivers using nearby highways. where practicable, be minimised.’’

The policies below seek to identify and protect internationally, nationally and regionally/locally important SECTION 2 nature conservation sites within the Local Plan area, including those not covered by any statutory designation. PROTECTING NATURE CONSERVATION INTERESTS SITES OF INTERNATIONAL IMPORTANCE

5.24 The main aim of nature conservation is to ensure 5.27 The Local Plan area contains several sites of that the national heritage of wild flora and fauna and their international nature conservation importance. habitats are protected, and remain as large and diverse as possible. Nature conservation is increasingly important (1) Ramsar Sites: The United Kingdom is a party to for many people, not only for aesthetic reasons but also the Convention of Wetlands of International for scientific study, recreation and education. National and Importance, especially as a Waterfowl Habitat (1973). strategic guidance for nature conservation is contained in This convention requires the Government to conserve Planning Policy Guidance Note 9 on Nature wetlands generally and sites designated under the Conservation, and County Structure Plan Policies 15, 16, Convention in particular. Morecambe Bay has now 17 and 18. The District Council will seek to ensure been designated as a Ramsar Site and the Duddon that nature conservation is taken fully into account in Estuary is proposed as a Ramsar Site in recognition all development proposals and in the preparation of of their international importance and as part of a suite its own plans and proposals. of sites used by migrating birds. Ramsar sites are protected through SSSI notification and the planning system.

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(2) Special Protection Areas (SPAs): These are (a) where an overriding public interest can be designated under Article 4 of the European Community demonstrated to outweigh the international Council Directive of April 1979 on Conservation of Wild conservation interest; and Birds. Morecambe Bay has been designated as a Special Protection Area and the Duddon Estuary is (b) where the need for the development or land use proposed as a Special Protection Area. As with change cannot be met in other locations where they Ramsar sites, SPAs are protected through SSSI would be less damaging or by reasonable alternative notification and the planning system. means.’’

(3) Special Areas of Conservation (SACs): These are designated under the EC Habitats and Species Directive, adopted in May 1992. SACs are intended to SITES OF INTERNATIONAL NATURE conserve natural habitats and wild flora and fauna of CONSERVATION IMPORTANCE Community importance. Proposed SACs have been forwarded to the European Commission by member Proposals for development or land use change states. In the South Lakeland area, proposed SACs Policy C6 which may affect a European site, a proposed include the Morecambe Bay Pavements (including European site, or a Ramsar site will be subject to Farleton Knott and Hutton Roof Crags SSSIs), the most rigorous examination. Development or Morecambe Bay SSSI and part of the Duddon Estuary land use change not directly connected with or SSSI, the Duddon Mosses and Roudsea Wood and necessary to the management of the site and Mosses. When confirmed as Sites of Community which is likely to have significant effects on the Interest in 1998, they will form together with Special site (either individually or in combination with Protection Areas, part of a coherent European other plans or projects) and which adversely Community-wide network of sites, known as Natura affects the integrity of the site, will not be 2000. SACs will be protected through SSSI notification permitted unless the authority is satisfied that: and the planning system. (a) there is no alternative solution; and 5.28 PPG9 requires that proposals adversely affecting the integrity of sites of international nature (b) there are imperative reasons of overriding conservation importance should be subject to policy public interest for the development or land tests as set out in Annex C of PPG9 and the use change. Where the site concerned Conservation (Natural Habitats) Regulations 1994. hosts a priority natural habitat type and/or a These tests require that there are no alternative priority species, development or land use solutions and that the development is necessary for change will not be permitted unless the imperative reasons of overriding public interest. authority is satisfied that it is necessary for Additionally, where an international site hosts a ‘‘priority reasons of human health or public safety or natural habitat type or species’’, and where there is no for beneficial consequences of primary alternative solution, development proposals can only importance for nature conservation. Where be justified which relate to human health, public safety such development does proceed, the or have ‘‘beneficial consequences of primary authority will consider the use of planning importance for the environment.’’ The relevant habitat obligations to secure all compensatory types and species are listed in Annex G of PPG9. measures necessary to ensure that the overall coherence of Natura 2000 is 5.29 The District Council will therefore strongly protected. enforce Structure Plan Policy 18, and Policy C6, to ensure that proposals are subject to rigorous examination. In most cases a statutory environmental assessment will also be required.

‘‘Policy 18

Development and other land use changes which are detrimental to nature conservation interests of international importance will not normally be permitted. Exceptions will be made only: page 52 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 5 : ENVIRONMENT & CONSERVATION

SITES OF NATIONAL INTEREST SITES OF REGIONAL OR LOCAL INTEREST

5.30 The Local Plan area contains a wide range of sites 5.31 South Lakeland’s rich nature conservation resource of national nature conservation importance: also includes a wide range of regionally and locally important nature conservation sites. These include: (1) Sites of Special Scientific Interest (SSSIs): (1) Local Nature Reserves (LNRs): These may be There are 23 SSSIs within the Local Plan area, established by local authorities under Section 21 of including Morecambe Bay, Arnside Knott, Hutton Roof, the National Parks and Access to the Countryside Act Sea Wood (near Bardsea) and the Duddon Estuary. A 1949. The District Council will consider designating complete list is provided in Appendix D and illustrated LNRs, where appropriate, throughout the plan period. on the Proposals Map. SSSIs are designated by English Nature and are considered to be of national or (2) County Wildlife Sites: The Cumbria Wildlife Trust even international importance. There is a strong has drawn up a draft list of 206 sites which are of presumption against any development which would nature conservation importance in a Cumbrian directly or indirectly affect an SSSI. context. This list is included in Appendix D with locations indicated with a grid reference. The final list (2) National Nature Reserves (NNRs) are declared will be published in the near future. under Section 19 of the National Parks and Access to the Countryside Act 1949 or Section 35 of the Wildlife (3) Regionally Important and Countryside Act 1981. There are three NNRs Geological/Geomorphological Sites (RIGs) provide within the Plan area, including Park Wood, Clawthorpe a useful educational resource and supplement those Fell, Roudsea Wood and Mosses and part of Duddon sites of national importance notified as SSSIs as a Mosses. All NNRs are SSSIs and are owned or leased result of the Geological Conservation Review. Twenty by English Nature or bodies approved by them, or are sites have been identified so far within the Plan area managed in accordance with Nature Reserve by the Cumbria RIGs group. These are listed in Agreements with landowners and occupiers. Appendix D.

5.32 Throughout South Lakeland, there are many local (3) Nature Conservation Review Sites (NCRs) are nature conservation interests which it is important to selected ‘‘key’’ biological SSSIs of national and preserve but which do not merit any form of special international importance, representing main habitat designation. Examples may include remnant ancient types in Britain. Examples include Arnside Knott, woodlands, wildlife corridors, river banks, ponds, Humphrey Head and the Duddon Mosses. wetlands, habitats of particular significance and common (4) Geological Conservation Review Sites (GCRs) land. These may be of importance to local communities, comprise selected SSSIs of geological or or form important corridors or links between designated geomorphological importance, where conservation is sites. The EC Habitats Directive requires member states to encourage the management of such landscape essential for education and research in the earth features where they are of major importance for wild flora sciences. Examples in the Plan area include Farleton and fauna. Knott, and Scout and Cunswick Scars. All NCRs and GCRs are also SSSIs. 5.33 The District Council will seek both to protect and enhance nature conservation interests, primarily by Whilst all SSSI’s form part of a nationally important series, guiding development away from important nature some have additional designations conferred upon them. conservation areas. Planning applications affecting sites NCR and GCR sites are regarded as "key" sites of of importance for nature conservation will not be national importance. Only sites with these additional determined until the site and impact of the development is designations can be considered for NNR declaration. In properly evaluated. Where the District Council considers considering development proposals affecting NNR’s, that development proposals are justified but may result in NCR and GCR sites, the District Council will take into damage to important nature conservation interests, it will account these additional designations and the ensure that this is minimised by use, where appropriate, particular importance of these sites in national terms. of either planning conditions or by securing a planning obligation to protect and enhance remaining features. In exceptional circumstances provision may be required to re-establish elements of the area affected in another locality under the control of the developer.

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NATIONAL SITES LANDSCAPE FEATURES OF MAJOR NATURE CONSERVATION IMPORTANCE Proposals for development in or likely to affect Sites of Special Scientific Interest will be subject Developments and land use changes likely to

Policy C7 to special scrutiny. Where such development Policy C9 have a significant adverse effect, directly or may have a significant adverse effect, directly or indirectly, on the integrity or continuity of the indirectly on interests of nature conservation landscape features of major importance for wild importance it will not be permitted unless the fauna and flora, listed below, will only be reasons for the development clearly outweigh the permitted if it can be shown that the reasons for value of those interests and the national policy to development clearly outweigh the need to retain safeguard the intrinsic nature conservation value the features. Mitigating measures will be required of the national network of such sites. of developers to reinstate the integrity or continuity of the features. Appropriate Where the site concerned is a National Nature management of these features will be encouraged Reserve (NNR) or a site identified under the generally and particularly by the imposition on Nature Conservation Review (NCR) or a planning permissions where appropriate and by Geological Conservation Review (GCR), entering management agreements with particular regard will be paid to the individual landowners where appropriate. site’s national importance. • hedgerows and field walls; Where development is permitted, the authority will consider the use of conditions or planning • woodlands, plantations and shelter belts; obligations to ensure the protection and enhancement of the site’s nature conservation • river and canal corridors; interest. • wetlands, ponds and reservoirs; and

• other locally important habitats.

SITES OF REGIONAL OR LOCAL NATURE CONSERVATION IMPORTANCE LIMESTONE PAVEMENTS

Development and land use change likely to have 5.34 Limestone pavements are of special interest in the

Policy C8 a significant adverse effect on a Local Nature Plan area. Some areas of limestone pavement are Reserve, a Site of Importance for Nature designated as Sites of Special Scientific Interest but Conservation or a Regionally Important elsewhere these important features may be threatened by Geological/Geomorphological Site, will not be agricultural improvements, indiscriminate quarrying or approved unless it can be clearly demonstrated recreation pressures. Section 34 of the Wildlife and that there are reasons for the proposal which Countryside Act 1981 empowers English Nature or the clearly outweigh the need to safeguard the Countryside Commission to notify the Local Planning intrinsic nature conservation value of the site or Authority of any limestone pavement which is of special feature. interest. The Secretary of State for the Environment or the County Council may make a Limestone Pavement Order In all cases where development or land use prohibiting the removal or disturbance of limestone on or change is permitted which would damage the in the pavement. A number of Limestone Pavement nature conservation value of the site or feature, Orders have been confirmed within the Plan area and are such damage will be kept to a minimum. Where plotted on the Proposals Map and listed in Appendix D. appropriate, the authority will consider the use of The District Council will continue to protect limestone conditions and/or planning obligations to provide pavements and fully supports the Cumbria Minerals and appropriate compensatory measures. Waste Local Plan policies 6.1 and 6.2, which are set out on the following page:

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‘‘Policy 6.1 PROTECTED SPECIES The removal of limestone pavements will not be permitted where there would be an adverse impact Development proposals which may have an upon landscape quality, or the ecological, adverse effect on protected species [as defined geographical, geomorphological and archaeological by Schedules 1, 5 and 8 of the Wildlife and interest of the area in question.’’ Policy C10 Countryside Act 1981, as amended], will only be permitted where harm to the species, or it’s ‘‘Policy 6.2 habitat, can be avoided. Where a protected The mineral planning authority will use the available species or it’s habitat is threatened, the Local powers under Section 34 of the Wildlife and Planning Authority will consider the use of Countryside Act 1981, to make orders prohibiting the conditions and planning obligations which seek to: removal of limestone pavement, to provide extra (a) facilitate the survival of individual members protection of this important resource.’’ of the species; PROTECTED SPECIES (b) reduce disturbance to a minimum; 5.35 PPG9 advises that the presence of a protected (c) provide adequate alternative habitats to species is a material consideration in a Local Planning sustain at least the current levels of Authority’s assessment of development proposals. The population. Wildlife and Countryside Act lists those animals (Schedule 5) and plants (Schedule 8) which are protected. The Act also protects all wild birds. Other animals may be protected under their own legislation, such as the Protection of Badgers Act 1992. In addition, the Habitats Nature Conservation Regulations confer protection on plants and animals listed Management in Annex IV of the Habitats Directive (see Annex G of PPG9). 5.36 Where statutory designation is not possible, much can be achieved by co-operation between responsible land-owners, English Nature, Forestry Authority, local authorities and voluntary bodies such as the Cumbria Wildlife Trust. Through powers under Section 39 of the Wildlife and Countryside Act 1981, the District Council can enter into a management agreement with the land- owners to protect important non-statutory sites which are worthy of conservation. The agreement may impose restrictions on the use of land, although it may be necessary for the Council to offer compensation to the landowner. In special circumstances, such agreements may be worth pursuing. Therefore, where appropriate, the District Council will enter into management agreements to help protect and enhance important non-statutory nature conservation sites.

5.37 As the South Lakeland Local Plan is a land-use planning document and not a management plan, it’s scope to develop worthwhile nature conservation management policies is necessarily limited. Many local authorities have overcome this by proposing separate Nature Conservation Strategies. The District Council recognises the value of such an approach and will, therefore, prepare a Nature Conservation Strategy for South Lakeland within the plan period.

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NATURE CONSERVATION AND THE usually for their amenity value. Trees within Conservation COMMUNITY Areas are similarly protected. This protection requires the seeking of prior approval for any works to the tree(s) or 5.38 It is also vital to provide opportunities for people to woodlands. enjoy and learn about wildlife, geology and land form. This will normally include providing access, appropriate 5.42 In South Lakeland the distribution of TPOs is information and interpretation. There are many concentrated mainly in the towns and larger villages, opportunities to do so on publicly-owned, as well as reflecting past concern to protect important trees and privately-owned land. A good example on land in District woods from urban development. Over this period, trees Council ownership is the Kendal Castle Management and woodlands in rural areas have been given less Plan. The District Council therefore, will encourage emphasis and protection from threats such as changing and support opportunities for habitat creation, farming practices. The District Council will, therefore, give retention and sympathetic management, in greater priority to the making of TPOs in rural areas in association with the local community and interest liaison with the Forestry Authority. It will also review their groups, in public open spaces or on any other land distribution on both privately and publicly owned land. held or managed by the Local Authority.

Forestry and Woodlands TREE PRESERVATION ORDERS

5.39 Trees and woodlands form an important part of the Development proposals which may cause rural landscape of South Lakeland. Woodlands, field-trees significant damage or destruction to a tree or and hedgerows provide variety, visual enhancement, woodland protected by a Tree Preservation Order wildlife habitats and recreational opportunities. While Policy C11 will only be permitted where: threats to trees and woodlands have diminished in recent years, it is considered important to protect and adequately (a) no alternative site is available; manage those that remain, and encourage new planting. (b) there is an overriding need for the proposal NEW PLANTATIONS AND WOODLANDS which outweighs the need to preserve the tree or woodland; 5.40 The planting of new woods and forests can have a major impact on the countryside, while benefiting the (c) mitigating measures are available to economy of rural areas. New planting also contributes to minimise damage and secure worthwhile a more sustainable future by reducing the greenhouse replacement planting. gases which result in global warming. While tree planting does not require planning permission, the Forestry Authority consults Cumbria County Council on all new planting schemes over 10 hectares for landscaping and WOODLAND MANAGEMENT planning issues and also on all licence applications for clear felling including hedgerow and parkland trees. The 5.43 Active woodland management is vital to the Forestry Authority grant schemes also go some way to continued health and regeneration of trees and regulating the rate and location of new planting. The woodlands. Large areas of ageing woodlands in South District Council supports the rigorous applications of Lakeland are in particular need of proper management to Structure Plan Policy 16 which seeks to achieve a ensure their long-term survival. The District Council is balance between the needs of agriculture, nature committed to woodland management, both on its own conservation, landscape and public access. land-holdings and elsewhere, with the assistance of the TREE PRESERVATION ORDERS Forestry Authority, land-owners and interest groups and bodies such Cumbria Broadleaves and the Woodland 5.41 The District Council has a duty to protect trees Trust. Grants and advice are available both from the under town and country planning legislation by making District Council and other bodies. Tree Preservation Orders (TPOs). These can be applied to trees, groups of trees, hedgerows or woodlands;

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5.44 There is also growing recognition that the Coastal Planning and regeneration and constant re-use of the natural woodland Management resource is a good example of the principle of renewal and sustainability. Cumbria Broadleaves is seeking to 5.47 South Lakeland’s extensive coastline is entirely develop local opportunities for economic and employment estuarine, and comprises the northern shore of generating opportunities which can arise from the active Morecambe Bay and part of the Duddon Estuary. The management of mature woodlands. Woodlands when coastline does not suffer from significant development properly managed, for example, can play a role in farm pressures but represents a valuable resource in terms of diversification and raising farm incomes. Therefore, the landscape quality, recreational potential and nature District Council will encourage the effective conservation interests. management of the district’s trees and woodlands as a landscape resource and for their ecological and 5.48 PPG20 advocates a comprehensive and integrated nature conservation significance, in co-operation with approach to planning and management around coastline the Forestry Authority, Countryside Commission, areas. It must be remembered, however, that local Cumbria Broadleaves, land-owners and other local authorities’ planning powers are limited to land above interest groups. Special attention will be given to the mean low water mark. The existing policies in this Local management of broad-leaved trees and woodlands, Plan are considered adequate both to: and to those woodland resources held or managed by the District Council. (1) protect the coastline’s landscape quality and exceptional nature conservation interests; WOODLANDS AND THE COMMUNITY (2) guide the appropriate form and scale of 5.45 The Forestry Authority administers a scheme for development. the planting and management of community woodlands, partially for recreational purposes, in locations within or Separate policies control matters such as flooding, close to urban areas. While the eastern part of the district erosion and coastal defence. is generally well provided with accessible woodlands, the Ulverston and Furness area could benefit from the 5.49 English Nature’s Estuaries Initiative has been the development of new ‘‘community woodland’’ schemes and driving force behind the preparation of comprehensive this will be encouraged within the plan period. The District management plans for most of Britain’s estuaries. These Council also wishes to encourage local interest in the seek to balance the protection of wildlife resources threats to, and the health of, local trees and woods. To against the many other competing activities and interests. this end it is promoting the appointment of voluntary Tree To this end, English Nature is seeking to work in Wardens in each of South Lakeland’s parishes, to provide partnership with local authorities, other public bodies, the a focal point for interest, advice and information. The Tree Crown Estate Commissioners, industry, estuary and Warden scheme forms part of the Council’s ‘‘EYE’’ Project maritime users and the voluntary conservation sector. The - ‘‘Enhance Your Environment’’. Therefore, the District District Council is a partner with English Nature, industry Council will encourage the development of and others in the preparation and implementation of community woodlands in the Ulverston and Furness management plans for Morecambe Bay and the Duddon area. The District Council will also encourage local Estuary. Therefore, the District Council will assist in interest in trees and woodlands through the the preparation and implementation of promotion of the Tree Warden Scheme. comprehensive management plans for Morecambe Bay and the Duddon Estuary. In this context, it will 5.46 The provision of tree-planting in connection with promote the sustainable use of the estuaries by new development is often considered essential, as is the balancing the demands of it’s natural resources with retention of existing trees and woods where development the economic, cultural and social needs of the area, takes place. The landscaping of new development is dealt and seek to resolve conflicts of use, having regard to with in Chapter 8 of this Local Plan. the needs of present and future generations.

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features or are detrimental to the character or setting of a Listed Building or Ancient Monument will not COASTAL DEVELOPMENT normally be permitted.’’ Development proposals will not be permitted 5.52 The policies and proposals in this section seek to which would conflict with the following: conserve and enhance the district’s historic environment. The District Council will use this framework of Local Plan Policy C12 (a) the maintenance and enhancement of the policies to: natural coastline, its habitats and wildlife, in a way compatible with sea defences, (1) develop a more detailed ‘‘Conservation fisheries and coastal protection; Strategy’’, to form Supplementary Planning Guidance to the Local Plan; (b) the improvement of the landscape quality of the area, where necessary, and (2) work in partnership with English Heritage, Civic management of visitor pressure so that the Societies, local communities and property owners, to environment is protected and people’s develop greater awareness of South Lakeland’s enjoyment and understanding of it is historic environments, and to provide advice and enhanced. resources to achieve its proper use and maintenance;

(3) further the District Council’s economic objectives, by using the repair of historic buildings, features and areas as a basis for the economic regeneration of SECTION 3 towns and communities - particularly Ulverston, CONSERVING THE HISTORIC Grange-over-Sands and Kendal. ENVIRONMENT Buildings of Historic Interest 5.50 South Lakeland is fortunate in having a wealth of buildings, sites and landscapes of historic and 5.53 The district’s historic buildings1 range from grand archaeological importance. This is coupled with a strong country houses and churches to the most modest vernacular style of architecture, characterised by the cottages and outbuildings; from agricultural buildings to frequent use of light grey local limestone and examples of early industrial buildings. The district has Westmorland blue/grey or green slate. The extensive about 1,000 buildings or features listed as of special historical heritage contributes much to the district’s architectural or historic interest, which benefit from special character. It also adds to the area’s popularity as a statutory protection. Central Government advice holiday destination, and contributes to the health of the presumes in favour of the retention and protection of such local economy. buildings.

5.51 PPG15 notes that ‘‘effective protection for aspects 5.54 Many other buildings, however, although not of of the historic environment’’ is fundamental to the sufficient merit to warrant individual listing, have important Government’s policies for environmental stewardship. The group value or are of special local interest, contributing to County Structure Plan provides the strategic planning the overall story of individual settlements. Such buildings policy framework, for preserving the district’s historic may not be afforded statutory protection, unless they are environment, and states: within one of the district’s 10 Conservation Areas, but their loss or damage is nearly always to be regretted and ‘‘Policy 26 should be avoided wherever possible. Policy C13 therefore seeks to afford some protection to these other Development and other land use changes which fail to buildings or features of historical or archaeological preserve or enhance the character or appearance of importance, which are not listed or fall outside Conservation Areas or which, damage, obscure or Conservation Areas. remove important archaeological sites or other historic

1BUILDINGS OF HISTORIC INTEREST : These include any buildings of historical or archaeological importance, listed by the Department of National Heritage, or any other building considered to be of local importance in its own right or as part of a group of historic buildings.

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DEMOLITION, ALTERATIONS AND EXTENSIONS TO HISTORIC BUILDINGS ‘‘HERITAGE’’ PROPERTIES VISITED BY THE PUBLIC 5.55 Demolition of an historic building where subject to planning control, will not normally be allowed unless the The District Council will consider favourably Council is satisfied that every effort has been made to proposals to develop or improve facilities for continue the present use or find a suitable alternative use. Policy C14 public enjoyment of heritage properties and In the case of listed buildings, evidence may be required development intended to provide income for the that an attempt has been made to market the property in upkeep of heritage properties provided: its present use before a change of use is permitted. New uses will only be encouraged where they would not (a) the proposal does not have a significant adversely affect the character or setting of historic adverse effect on the character and setting buildings. of a listed building or Conservation Area;

5.56 Alterations: Particular care needs to be taken (b) a planning obligation is entered into, which when alterations are made to historic buildings. High adequately justifies and quantifies the need standards of traditional craftsmanship are essential if for the additional income, and which clearly historic buildings are to be protected from changes that states the amount, timescale and would adversely affect their character. The unnecessary mechanism, whereby the funds generated destruction of internal or external features should be by the proposals will be utilised to meet that avoided. need.

BUILDINGS OF HISTORIC INTEREST Listed Buildings The District Council will not permit proposals which, by use of inappropriate construction or 5.59 Whilst all historic buildings and structures merit repair methods, would adversely affect the protection, because of their historic and architectural

Policy C13 character of a historic building of special local value, buildings which are included in the Department of interest or contributing to the historic value of a National Heritage's statutory lists of Buildings of Special group of buildings. The Council will not permit Architectural or Historic Interest warrant special attention changes of use where these would lead to the and protection. Over the past few years the lists of damage or likely destruction of a historic building Buildings of Special Architectural or Historic Interest for or other historic features. South Lakeland District have been revised as part of a thorough re-survey and copies of those lists are held by the Council. Listed buildings vary greatly in their age and type and include features such as milestones, crosses 5.57 Extensions to historic buildings need to be and bridges, as well as churches, houses and cottages. handled with sensitivity, reflecting their character, scale and materials. Inappropriate materials should be avoided, with extensions not dominating the original buildings.

HERITAGE PROPERTIES VISITED BY THE PUBLIC

5.58 The District contains a number of ‘heritage’ properties, visited by the public. PPG15 requires local plan policies to provide guidance for development proposals which either improve the facilities of heritage properties, or which are considered necessary to provide income for their upkeep. In such cases, the District Council will be concerned that the applicant has made an adequate case for requiring the additional income, and that the proposal does not cause harm to the character and setting of a listed building or Conservation Area.

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5.60 Central Government advice in PPG15 emphasises societies. Where necessary the District Council will the importance of preserving listed buildings and use its legal powers to ensure essential repairs are protecting their setting from any development which could undertaken, including the use of Urgent Works detract from their character. While the listing of a building Notices and Repairs Notices. is not a bar to all future changes, the District Council has a statutory requirement to have special regard to the desirability of preserving the building and its setting or any features of special architectural or historic interest which it LISTED BUILDINGS AND THEIR possesses. In considering proposals for changes of SETTINGS use, and alterations or extensions under Policy C15, Proposals will not be permitted for: the District Council will take full account of the detailed advice contained in PPG15, paras 3.3 to 3.15.

Policy C15 (a) the demolition or partial demolition of a Where proposed works would result in the total or listed building; substantial demolition of a listed building or any significant part of it, the Council will have regard to (b) the change of use of a listed building, if this the advice in paras 3.16 to 3.19 with particular would have an adverse effect on the special emphasis on the considerations included in para 3.19 architectural or historic interest of the of PPG15. Not only do alterations and extensions need to building. be carefully handled, as with any historic building, but there are many modern additions made to buildings which (c) the internal or external alteration or may be inappropriate on listed buildings. Satellite extension of a listed building if this would in television dishes, solar panels and replacement windows any way adversely affect its character or and doors, using modern materials, may often be setting; completely unacceptable. Similarly, the removal of original features of the building or of materials, such as natural (d) the erection of a new building or other roofing slates, will be detrimental to the character of a structure or the carrying out of other listed building, and will be strongly resisted. development where this would adversely affect the character or setting of a listed 5.61 With that consideration in mind, the Council will building; not normally allow the introduction into a listed building of materials, or features, which have been removed from (e) the removal of natural roofing materials from another historic building elsewhere. Very often the the roof slopes of a listed building and their removal of such features has been unauthorised, and this replacement with alternative materials; or ‘‘architectural theft’’ has led to serious damage to the character of many historic buildings. Internal features (f) the introduction of architectural features or such as fireplaces, staircases, panelling and mill materials imported from another building as machinery are especially vulnerable, their loss often being part of proposals to alter a listed building, unnoticed until it is too late for them to be traced. The unless information is produced on the Council will play its part in seeking to curtail this practice, source of the feature and, if removed from a listed building elsewhere, evidence is by taking care that features from elsewhere are not produced that this was done with the benefit introduced into listed buildings in the District, nor of listed building consent. important existing features removed from them.

In exceptional cases, where the demolition or 5.62 The District Council has undertaken a survey of all partial demolition of a listed building is allowed, or listed buildings and structures to identify any which may where permission is given for the removal of be ‘‘at risk’’. About 20% of the entire stock is in need of features, the proper recording of the building will some repair. A strategy has been developed to seek the be required before any changes are made. repair of any buildings or structures at risk, in conjunction Proposals for alterations to listed buildings will not with property owners. The District Council therefore, be permitted unless they are accompanied by will seek to promote the full repair of all listed sufficient information to enable a full and proper buildings and structures, and will offer advice and consideration of their effect. grant aid, as appropriate, to property owners in conjunction with English Heritage and local civic

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Conservation Areas 5.67 Conservation, however, is more than just preservation. The Council wishes to take a positive 5.63 South Lakeland District (outside the National attitude to the need for enhancement within Conservation Parks) contains 10 Conservation Areas, comprising Areas and will encourage measures to bring about extensive areas in the centres of Kendal, Ulverston, environmental improvements provided they are not Grange-over-Sands and Kirkby Lonsdale, and smaller related to development that would normally be contrary to designations in the historic village centres of Cartmel, normal planning principles or other policies of the Local Burton, Heversham, Milnthorpe, Beetham and Newlands Plan. New development will be expected to preserve or (near Ulverston). These were designated between 1969 enhance the setting and character of a Conservation and 1993 on the basis of their ‘‘Special Architectural or Area. However development which is contrary to other Historic Interest’’ and are considered to have a character principles or policies will not be permitted just because or appearance worthy of preservation or enhancement enhancement is offered in mitigation. (see boundaries on Proposals Map). The Newlands Conservation Area is on the Interactive Proposals Map only. In some cases, such as Cartmel and Grange-over- Sands, the designation takes in part of the surrounding CONTROL OF DEVELOPMENT landscape where this is of historic importance in relation AFFECTING CONSERVATION AREAS to the settlement. Within Conservation Areas, priority will be given DESIGNATION AND MANAGEMENT to the preservation and enhancement of the Policy C16 character or appearance of the special 5.64 English Heritage’s ‘‘Conservation Area Practice architectural and historic interest of the Area. Note’’ (June 1993) advocates that local authorities adopt Development proposals will be required to an active and consistent approach to the designation and indicate clearly how they will preserve or enhance management of Conservation Areas, in order to preserve the character or appearance of the Area. and enhance their special character. The text and policies Development Proposals including changes of use set out below are designed to achieve this objective. The in respect of buildings or land within, or outside Practice Note urges local authorities to undertake a but affecting, a Conservation Area, will be review of their Conservation Areas, their boundaries and considered in relation to their effect on the whether new areas should be designated. Guidance is character or appearance of the Conservation Area provided to ensure a consistent approach to designation as a whole, or any part of the designated area. on the basis of ‘‘special architectural or historic interest’’. Development in a Conservation Area will not be permitted: 5.65 The District Council will undertake a comprehensive review of existing Conservation Area (a) which results in the demolition or partial designations and boundaries, including the need for demolition of a building which contributes to new Conservation Areas, in accordance with English the character or appearance of the Area. In Heritage’s Conservation Area Practice Note (June exceptional cases, where demolition is 1993). It will also actively manage its Conservation allowed, a planning condition may be Areas and produce Conservation Area Statements imposed, requiring that demolition shall not which will define the special character of each Area, commence until a clear commitment is in and the issues and potential for preserving and place to carry out the proposed replacement enhancing that character. development;

NEW DEVELOPMENT AND ENHANCEMENT (b) unless sufficient information is provided with the application to assess the total effect of 5.66 It is important to consider the effect of any the proposal on the character or proposed development within or affecting a Conservation appearance of the Area. This will require a Area, to ensure that the character and appearance of the full planning application for all development area is protected or enhanced. A single new building, or a proposals; changed use of a building, can have a significant adverse impact, if not well located and sympathetically designed. Cont >>>

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surfaces. It is important, therefore, that all authorities and agencies agree basic principles and practices, where their >>> operations affect the character of Conservation Areas. In particular it is important that the Local Planning Authority (c) unless the siting, scale, form, proportions, is informed of all highway repairs and improvements in design and materials of any new or altered Conservation Areas, and given the opportunity to buildings or advertisements, are in keeping comment, advise and in some instances, provide financial with the special character or appearance of assistance. Grant aid may also be available from English the area in general or the particular location. Heritage. In partnership with the County Highway Internally illuminated signs are unacceptable Authority and other agencies, the District Council will on these grounds;

Policy C16 (cont.) prepare a Code of Practice setting down principles (d) which would result in the loss of open and practice for all highway, lighting and spaces, including garden areas, which make environmental works affecting the character of the a valuable contribution to the character or district’s Conservation Areas. appearance of the Area, or allow views into or out of the Conservation Area. PRESERVATION OF CHARACTER

Existing trees, hedgerows and other features 5.70 Within Conservation Areas, many forms of which are important to the appearance or development can be carried out without the need for character of a Conservation Area, will be planning permission. Permitted development, as it is protected, and proposals for their removal or known, can often lead to the gradual erosion of the partial removal will not be permitted except in the character of an area through minor alterations to buildings interests of proper management or public safety. or within their curtilages. Permitted development rights Within a Conservation Area, any new tree can be removed by the introduction of Article 4 Directions, planting or other landscaping work, including following local consultation. The District Council has surfacing and means of enclosure, shall be in already introduced an Article 4 (2) Direction covering the character with the appearance of the area. whole of the Conservation Area in Kendal, applicable from April 1997.

ENVIRONMENTAL IMPROVEMENTS ARTICLE 4 DIRECTIONS

5.68 Environmental improvements can contribute to The District Council will consider the use of Article preserving and enhancing the character of conservation 4 Directions, in consultation with the local areas and other historic areas. The District Council community and Civic Societies, where known undertakes Environmental Partnership Projects in Policy C17 problems are seen to threaten the character of an conjunction with other agencies, and provides area. Environmental Improvement Grants to assist with private improvements to historic environments, inside and outside Conservation Areas. The District Council will give 5.71 Under the auspices of the Countryside priority to Conservation Areas when considering its Commission, residents in Cartmel assessed the special own enhancement programme. Special attention will character of the village, and those features, which be given to retaining, enhancing and restoring, as contribute to, or detract from it. The resulting document appropriate, traditional features and materials. provides valuable advice for those considering new development or alterations to their property and will be 5.69 Highway and Lighting Works also provide used by the Local Planning Authority as a material opportunities to preserve or enhance the character of consideration in its appraisal of new development Conservation Areas. This can be achieved by retaining, proposals. A similar assessment could usefully be enhancing or restoring (as appropriate) traditional street undertaken in other settlements, providing that forms, materials and styles of street lighting and furniture. communities have access to adequate advice and The Street Works Act 1991 also recognises the need to assistance. identify and protect all good quality road and pavement Therefore, the District Council will encourage local communities to carry out an

page 62 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 5 : ENVIRONMENT & CONSERVATION assessment of ‘‘what makes their town or village special’’ and will consider adopting each assessment SATELLITE DISHES as a material consideration in local planning decisions. This community assessment of village Within Conservation Areas and the Arnside- character does not take the place of the assessment of Silverdale AONB the erection of a satellite dish the special character of Conservation Areas (see para will be favourably considered provided all the

5.65) which remains the responsibility of the District Policy C18 following criteria are satisfied: Council (a) the siting of the dish would not cause harm GRANT AID to the building, its setting in the street scene, or the wider landscape; 5.72 There are several sources of grant assistance available to encourage the repair of historic buildings (b) the colour of the dish would blend, as far as within the Plan area. English Heritage has established a possible, with the building upon which it is sited or joint grant scheme with local authorities, replacing all its background; existing English Heritage Conservation Area Grants with "Conservation Area Partnership Schemes". These require (c) the dish would be the minimum size a thorough assessment of the repair needs of each necessary to ensure adequate reception; and Conservation Area, and the steps and funds needed to remedy them. The District Council will seek to work (d) any redundant dishes would be removed closely with English Heritage in the bidding for, and from the property. establishment of, Conservation Area Partnership Schemes. Schemes commenced in Ulverston in 1995 and in Kendal in 1996. The District Council will consider bidding for other schemes where a need is Land and Buildings affecting identified. English Heritage also provides S3A grants to assist in the repair of Grade I and II* listed Historic and Environmental buildings. Amenity

5.73 Historic building repair grants are also available 5.75 In general most land and buildings in the district from the District Council throughout the plan area, contribute positively to the quality of the area’s historic primarily to aid the repair of other listed buildings. The and general urban and rural environment. However, the District Council will encourage the repair and poor condition and maintenance of a number of areas maintenance of historic buildings, particularly in and buildings seriously detracts from the quality of the conservation areas, by use of it's own grants and surrounding area. In such areas, Section 215 of the 1990 though publicity for grant aid from English Heritage Town and Country Planning Act provides local authorities and other sources. with a wide ranging power to require a land or property owner to remedy the condition if it adversely affects the SATELLITE DISHES amenity of the area. Remedies may including tidying up areas of land, or repairing or decorating buildings. If the 5.74 The District Council has control over the location owner fails to comply with the notice, the local authority of satellite dishes within Conservation Areas and Areas of may carry out the necessary works and reclaim the costs. Outstanding Natural Beauty. The siting of satellite dishes Therefore, the District Council will seek to remedy the may have a damaging visual effect on both the buildings condition of any land or buildings which adversely to which they are attached and its wider landscape affect the area’s historical or environmental amenity. settings. Inappropriate use of colour, shape and size of Where necessary, the District Council will consider the dishes can all be visually harmful in sensitive requiring property owners to undertake necessary locations. In order that visual clutter is avoided any works by serving a notice under Section 215 of the redundant dishes must be removed prior to the erection 1990 Town and Country Planning Act. of any new dish.

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Sites and Landscapes of planning authority, with advice from the County Archaeological Interest Archeologist. The works may be secured by planning condition, or planning obligation, and also provide for the publication of the results of excavations. Scheduled 5.76 South Lakeland has an extensive archaeological Monument Consent is required for any development or heritage. Cumbria County Council's Sites and Monuments other proposals affecting a Scheduled Ancient Monument. Record (‘‘SMR’’), is representative of current knowledge and currently lists over 2,000 records of individual sites and finds in the Local Plan area. There are 60 sites designated as Scheduled Ancient Monuments in the Local SITES OF ARCHAEOLOGICAL INTEREST Plan area, which affords them statutory protection. These are listed in Appendix E and are also shown on the Where there are reasonable grounds for believing Proposals Map. While many archaeological sites in South that important archaeological information may be Lakeland, such as Kendal Castle, are very obvious, many lost, applicants will be required to carry out an others are obscured by later development, or are Policy C19 appropriate assessment of the archaeological completely buried and show little or no trace above implications of any development proposals before ground. the Council determines the application. The results of that assessment shall be submitted with 5.77 All are historically valuable however, and represent the application together with an indication of how a finite and vulnerable resource at risk from various the impact of the proposals or any archaeological activities including development. The protection of such remains will be mitigated. sites is recognised by the Government as a material consideration within the planning process, and priority will Proposals for development which would be likely be given to their physical preservation as part of the to damage, destroy, or adversely affect a District’s heritage to be passed on to future generations. Scheduled Ancient Monument or other important Current advice on ‘‘Archaeology and Planning’’ is archaeological site, or which would detract from contained in Planning Policy Guidance Note 16. its setting, will not be permitted.

DEVELOPMENT PROPOSALS AND Where the preservation in-situ of a site of MITIGATION archaeological interest (including Scheduled Ancient Monuments and other important 5.78 All development proposals, whether or not there is archaeological interest) is not realistic or justified, an ‘‘obvious’’ archaeological interest, will be examined and/or where the benefits of a proposed critically to determine whether there are any development outweigh the archaeological archaeological implications. Developers are strongly consideration, development will not be permitted advised to consult the County SMR at an early stage to until a planning obligation has been entered into assess the possible archaeological implications of their to secure an appropriate programme of proposals. However, the SMR may only be able to give a archaeological work that will ensure that any preliminary indication of a site’s importance and further remains on the site will be properly recorded, and assessment may be required by a professional the results are made publicly available. In archaeologist. In such cases the District Council will not appropriate cases, applicants may also be deal with a planning application until this assessment is required to provide for systematic monitoring (a complete. ‘‘watching brief’’) of the groundworks of a development in order to ensure the recording of 5.79 Where an archaeological interest is identified, the any remains that may be unexpectedly District Council's preferred option will be for the "in situ" encountered during the development. preservation of the remains. However, where in situ preservation cannot be justified, and it is considered that the development should proceed, the Council will wish to be satisfied that the developer has made appropriate and satisfactory provision for the excavation of the remains. Such works should be carried out before development commences, working to a project brief prepared by the

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MANAGEMENT Historic Landscapes, Parks and Gardens 5.80 The cultural importance of the District’s archaeological remains, and their contribution to meeting 5.82 The landscape of South Lakeland has evolved the community’s educational and recreational aspirations, over thousands of years and is very largely a man-made requires a positive approach to the long-term creation. Reminders of the activities of previous management of many sites. The key to successful generations remain throughout the district and are a preservation and enhancement is normally the valuable part of our heritage and an important contribution preparation and implementation of a site management to the area’s sense of place. plan. Such plans should also consider opportunities for public access and the need for better understanding of 5.83 Although settlements, buildings and archaeological the historical remains through presentation. The District remains form the most obvious links with the past, the Council has prepared and implemented a management landscape itself has, in places, remained unchanged for plan for Kendal Castle and Castle Hill, and will encourage hundreds of years, or has retained features which help us active management of other important archaeological to appreciate the way of life of previous ages. Examples sites owned by the District Council, other public bodies, or of South Lakeland’s historic landscapes include ancient in private ownership - particularly those sites which are farming and field boundary systems, ancient roads and threatened in some way, or subject to recreational tracks, unimproved grasslands, water meadows, old pressure. The District Council will also consider orchards, ancient woodlands and historic parks and partnership arrangements for the beneficial management gardens. English Heritage has published a Register of of ancient monuments, with private landowners, Parks and Gardens of Special Historic Interest, of which conservation trusts or other public bodies. there are four in the Local Plan Area at Sizergh Castle, Levens Hall, Dallam Tower and Holker Hall (see 5.81 Therefore, the District Council will encourage Proposals Map). This list and other non-listed historic the active management of important archaeological parks and gardens are included in Appendix I. sites in public or private ownership, including the preparation of site management plans. Where 5.84 Central Government advice is that historic resources permit, the District Council will assist landscapes should be safeguarded from development that owners of archaeological sites to maintain them in would destroy them or adversely affect their character. good condition and to adopt sympathetic land Protection will, however, often require more than simply management regimes. The District Council will also preventing unsympathetic development. Positive work closely with English Heritage and local interest management of historic landscapes will also be needed, groups, to implement the Kendal Castle Management including the protection, or re-establishment, of traditional Plan. It will seek to protect Kendal Castle as an farming methods and the careful restoration, where archaeological monument of national and regional appropriate, of landscapes damaged by previous significance, and promote the site as an important development or neglect. recreational area. Further archaeological investigation of the castle site will be encouraged, where this takes 5.85 The District Council will actively support the place within a secure research framework. Ministry of Agriculture, Fisheries and Food’s Countryside Stewardship Scheme, the Environmentally Sensitive Areas Scheme for the Lake District and the work of the Arnside-Silverdale AONB Joint Countryside Management Committee. The Council will seek to establish good practice in management work aimed at the restoration and care of historic landscapes.

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Water Quality and Pollution HISTORIC LANDSCAPES 5.88 The District Council acknowledges the increasing Development that would destroy, damage or have concern about the protection of the district’s water and a significant adverse affect on the character, river and coastal environment which serves, variously, as appearance or setting of an historic landscape or a source of water supplies, wildlife habitats and a

Policy C20 of any of its features, including Parks and resource for public enjoyment and recreation. Although Gardens of Special Historic Interest, will not be responsibility for the protection of the water environment permitted. Schemes to improve, restore and lies primarily with the Environment Agency, the planning manage the historic landscape will be required in system has an important role to play in assisting its work. connection with any new development affecting a 5.89 The quality of water in the rivers, streams and off- historic landscape and will be secured by shore, affects local wildlife and fisheries, so particular planning condition or planning obligation as attention needs to be given to proposals that would lead appropriate. to risks of pollution, through the discharge or escape of effluents into watercourses. Existing watercourses and associated ponds and wetlands, need to be protected SECTION 4 from the adverse affects of new development and developers should always seek the advice (and where CONSERVING NATURAL necessary, consent) of the Environment Agency before RESOURCES AND AVOIDING any works are carried out. The District Council will, HAZARDS therefore, strictly enforce Structure Plan Policy 22:

5.86 Recent years have seen growing concern about ‘‘Policy 22: Water Pollution pollution, environmental degradation and hazards Development and other land use changes will not be resulting from certain types and locations of development. permitted which results in the discharge of In 1990, the Government published its Environmental inadequately treated sewage or effluent which have a White Paper ‘‘This Common Inheritance’’, a wide ranging damaging impact on the water quality of water survey of all aspects of environmental concern. This is courses, ground water, lakes or sea.’’ reflected in Planning Policy Guidance Note 12 which urges local authorities to ensure that development plan policies seek to protect, enhance, and where possible, Hazards and Emissions restore the non-renewable, finite resources of land and water (and air). PPG12 also urges that these impacts on 5.90 In response to growing concern about the environment, which may be irreversible or very developments which may give rise to hazards or pollution, difficult to undo, should be treated with particular care. the government has introduced new legislation including PPG12, for the first time, also seeks to ensure that issues the Environmental Protection Act and the Town and such as energy conservation and global warming are Country Planning (Hazardous Substances) Act 1990. The taken into account in preparing Local Plans. latter requires Hazardous Substances Consent for the storage of specified substances above certain size 5.87 The County Structure Plan’s Strategic Policy 2 thresholds. While the prospects for new development in states that the county’s ‘‘natural resources ... will be South Lakeland which could give rise to hazards or protected from inappropriate development’’. This is pollution is likely to be limited, the District Council will amplified in Structure Plan Policies 21, 22, 23, 24 and 28 enforce new legislation and strictly implement Structure which deal respectively with hazards and emissions, Plan Policy 21. water pollution, development of unstable or contaminated land, flood risk and derelict land. The District Council’s ‘‘Policy 21: Hazards and Emissions Environmental Working Party also aims ‘‘to reduce water, land and air pollution’’, with emphasis on its own Development will not be permitted, which through particular areas of responsibility such as noise and litter. emissions to land, water or the atmosphere or by noise, vibration or risk of accident, exposes workers or the public to undue hazards, nuisance or has an effect on health or has a significant adverse effect on the natural environment’’. page 66 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 5 : ENVIRONMENT & CONSERVATION

Derelict Land Contaminated and Unstable Land 5.91 Derelict land is not a significant problem in South Lakeland. However, those areas which are derelict, 5.92 Land may be hazardous because it is unstable or provide opportunities for environmental and landscaping has become contaminated from previous uses. The improvements, and often for beneficial after uses, development of such land could endanger life, damage including industry, housing, sport, recreation and nature property and services and affect water quality - it conservation. Where appropriate, the District Council will therefore requires special consideration. Applications for also encourage natural regeneration on derelict sites, to developing land where a hazard is known or suspected, promote the creation of wildlife habitats. A national should be supported by a detailed site investigation and Derelict Land Survey was undertaken in 1993 to monitor proposed remedial measures. Potentially unstable or progress in land reclamation, and provide up to date contaminated sites include former industrial sites, waste information to help the new urban regeneration agency, tips and some areas subject to coastal and other erosion. English Partnerships, to formulate its strategy. Five sites English Partnerships' Land Reclamation Programme may were identified within the Local Plan area, including: be available to assist in overcoming these hazards. The District Council will enforce Structure Plan Policy 23: (1) Low Mill Tannery, Ulverston (2.6 hectares) - this was reclaimed in 1996. ‘‘Policy 23: Development of Unstable or Contaminated Land (2) Former Glaxochem Slagbank, Ulverston (10.5 hectares) Proposals for the development of potentially unstable or contaminated land will normally not be considered (3) Canalside, North Lonsdale Road, Ulverston without a satisfactory site investigation and (2.7 hectares) appropriate measures to remedy any identified hazards.’’ (4) Lancaster Canal (7.05 hectares)

(5) Foxfield Road, Broughton-in-Furness (0.5 ha) Flood Risk

5.93 Any development within the flood plain of a river could lead to a risk of flooding, creating risks to people DERELICT LAND and potential damage to property. Development can reduce the capacity of the available flood plain and also Development proposals which achieve the impede the flow of water. Even beyond the flood plain, reclamation and beneficial after use of derelict development can exacerbate flooding and drainage land will be considered favourably, particularly problems elsewhere, because of increased surface run- Policy C21 where they are in accord with the current Derelict off. The Proposals Map indicates Areas of Risk from Land Strategy, jointly prepared by the District and flooding. These are defined on flood plain maps held by County Councils. Priority will be given to the the Environment Agency and the District Council. The reclamation of those sites which can be re- Plan’s land use allocations have sought to avoid locations developed for employment purposes. Where a within the flood plain. In areas suspected of being at risk site cannot be reclaimed for development, the from flooding, but for which precise flood risk information District Council will seek its restoration for formal is unavailable, developers may be requested to carry out or informal recreation through environmental technical investigations to demonstrate that no risk will be improvements and landscaping. The District caused. Council will also seek to promote nature conservation and the creation of wildlife habitats on derelict sites.

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FLOOD RISK WATERCOURSES AND COASTAL MARGINS Development will not be permitted in areas at risk from flooding, unless: Development will not be permitted:

Policy C22 (a) appropriate flood protection or flood Policy C24 (a) which would have a significant adverse compensation schemes can be provided to effect on the nature conservation, landscape reduce or compensate for the risk of flooding on or recreation value of watercourses and the site; and coastal margins; or

(b) measures are also provided to prevent an (b) which will result in the significant loss of unacceptable increase in flood risk to areas access to watercourses for future downstream, due to additional surface water maintenance; or run-off. (c) which requires the extensive culverting of watercourses, or has a significant adverse impact on the land drainage interests of the Tidal and River Defences adjacent area.

5.94 Development on low-lying land protected from flooding by tidal and river defences is at risk of flooding at times of high water levels. A breach in tidal and river defences could lead to serious flooding not only in the SECTION 5 vicinity of the breach, but also in adjacent areas of low- lying land. Such an incident could put significant numbers RENEWABLE ENERGY of people at risk. Definition of Renewable Energy TIDAL AND RIVER DEFENCES 5.96 Renewable Energy comes from a variety of Development which would adversely affect the sources, all of which can be exploited on a sustainable integrity of tidal and river defences will not be long-term basis, minimising depletion of finite natural permitted unless appropriate measures to ensure resources. They fall broadly into three categories Policy C23 their stability can be implemented as part of the reflecting the origin of the resource: development. (1) Geophysical . . . where resources are derived directly from natural physical processes - solar, wind, wave, tide, hydro and geothermal. WATERCOURSES AND COASTAL MARGINS (2) Biological . . . where resources are derived 5.95 The District’s watercourses and coastal margins largely from animal and vegetable processes - wood are valued for their fishery, nature conservation and fuel and other vegetable based products, human and recreational importance. They make a significant animal excreta. The conversion of these resources contribution to the character of the District and provide into energy takes place by biodigestion (to produce attractive links between areas of open space in the larger gas for combustion); direct gasification; or direct towns and villages. Development proposals will be combustion (incineration). expected to conserve, and where necessary, restore the natural elements of watercouses or coastal margins. For (3) Residual . . . where resources are those derived this reason, the culverting of watercourses will not from urban and industrial wastes - municipal waste, normally be acceptable. scrap tyres, land fill gas etc. These resources are most readily available in urban areas and are harnessed for energy by biodigestion and/or combustion. page 68 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 5 : ENVIRONMENT & CONSERVATION

Government Policy (2) Bio-fuels (short rotation coppice; woodwaste; and slurries) 5.97 Government Policy towards renewable energy is positive. The current published national target is that (3) Small scale hydro-electric; and at least 5% of electricity is to be drawn from renewable sources by the year 2003 and 10% by (4) Solar 2010. The Renewables Obligation imposed under the 2000 Utilities Act (and replacing the former Non-Fossil Proposals for energy-generating development using Fuels Obligation) requires electricity suppliers to meet any of these technologies will be considered this target. The North West Regional Planning positively, balancing in each case their contribution to Guidance is currently under review. The most recent providing energy and reducing the emission of consultation draft following the Secretary of States greenhouse gases, and their possible impacts upon changes does not propose a specific renewable landscape and local amenity. energy target for the North West. The NW Regional Renewable Energy Study `Power to Prosperity' 5.100 Each form of renewable energy generation has indicates that Cumbria will play a big part in the North some impact on the landscape, but the technology and West regions ability to increase renewable energy locational requirements of harnessing wind power, capacity in the future due to its potential for further presents the greatest and most distinctive environmental renewable energy development. Cumbria is currently threat. A decision on any renewable energy application a net exporter of energy. will involve balancing national policy on renewable energy projects, with the range of national, structure plan and 5.98 Planning Policy Guidance Note 22 requires local local plan policies, which offer protection to landscape, authorities to adopt a positive approach to renewable nature conservation and historic interests. sources of energy when preparing local plans and to seek to balance the desirability of renewable energy sources 5.101 The strategic planning policy context for assessing (which do not generate harmful greenhouse gases) with renewable energy proposals is provided by Structure Plan their potential impact on the local environment. policy 56, which sets down an enabling approach to renewable energy projects. To assess the potential of renewable energy resources, the Department of Trade and Industry (formerly ‘‘Structure Plan Policy 56 Department of Energy) initiated a series of studies, including one in Cumbria, which involved ETSU (Energy Renewable energy developments which will have no Technology Support Unit of the DTI), Cumbria County significant adverse impact on the environment, Council, South Lakeland District Council and the Lake landscape or local communities will normally be District Special Planning Board. The study (referred to permitted. hereafter as the ‘ETSU’ study) examined the potential for, Renewable energy developments which will have and the key environmental constraints on, the development of those renewable energy resources and significant adverse impacts will only be permitted if came forward with a series of models for local and this impact is outweighed by the energy contribution structure plan policies. The following policies are, to some and other benefits including reducing pollution. Large extent, based on the results of the study which was scale proposals for renewable energy developments published in its final form in September 1994. within or affecting the National Parks and other areas and features of international or national conservation importance will be considered under Policy 54. Planning for Renewable Energy in South Lakeland Any proposal for a tidal barrage will only be acceptable if it can be demonstrated that there are such substantial economic or other benefits that they 5.99 The ETSU Study identified several technologies clearly outweigh damage to internationally or with potential for development in South Lakeland. nationally designated habitats and to the landscape of These are: the affected estuary.’’ (1) Wind

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LARGE SCALE PROPOSALS WIND ENERGY

5.102 Renewable energy proposals will be considered 5.104 Current National objectives for renewable ‘‘large scale’’ (and therefore considered under Structure energy are to stimulate the development of new and Plan Policy 54) where they: renewable energy sources. Wind energy represents one of the largest potential renewable energy sources (1) are sufficiently large in their own right to merit in South Lakeland in terms of both availability and consideration under Structure Plan Policy 54, financial viability. regardless of location;

5.104a In determining planning applications for wind (2) affect areas or features of international or national energy development, the Council will take into account conservation importance (see Structure Plan Policy 2); the Supplementary Planning Guidance set out in or `Wind Energy Development in Cumbria' and the (3) are judged to be ‘‘large scale’’ in relation to the Countryside Agency's Landscape Character local landscape. Assessment Guidance 1999. In considering proposals for wind energy developments, the Local Planning Large scale is not therefore a pre-defined size, but will be Authority will consider carefully the nature and determined by the local planning authorities, taking sensitivity of the landscape and its ability to absorb account of the three factors noted above. Types of wind turbines. In doing so, the Local Planning renewable energy projects which are most likely to be Authority will apply landscape protection in considered large scale include wind farms, barrages and accordance with the landscape policies of the Local large incineration plants. A tidal barrage, or wind farm of Plan, Structure Plan and relevant national and more than 10 turbines (or having a total capacity in regional guidance. It will also ensure that other excess of 5 megawatts), will be judged to be large scale. interests such as nature conservation, landscape character, archaeology, residential amenity and 5.103 All proposals for renewable energy whether large recreation (as set out in Policy C26) are taken fully or small scale will be assessed against the following into account. The Council will take the SPG into policies. The District Council will also require details of the account in assessing the cumulative impact of wind proposed connections to the regional electricity network. energy development.

5.104b Where an Environmental Statement is required, as laid down in the Town and Country RENEWABLE ENERGY Planning (Environmental Impact Regulations) 1999, the District Council will expect the Statement to Proposals for renewable energy generation include an assessment of associated off site projects based on resources derived from natural implications, including aspects such as sub-stations, physical processes, or biological activity or from access tracks, power lines etc. The council may seek

Policy C25 waste products, will be favourably considered advice from an independent source on the potential where: energy generation arising out of the development. The Council will impose planning conditions or seek (a) the energy generation and other benefits Section 106 agreements, in order to secure the outweigh any identified environmental removal of wind energy installations or equipment impact; and once it has become redundant. Where appropriate, Section 106 agreements may require financial bonds (b) the proposals are consistant with to be put in place for this purpose. established best practise.

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BIO-FUELS WIND ENERGY 5.105 Bio-fuels such as short rotation coppice (and wood waste) can have landscape impacts which are not subject The acceptability of wind energy developments will be judged according to whether the number, to controls exercised by the planning authority. size and design of proposals can be shown to Nevertheless, their impact can be significant if the scale of planting is large, or the area is sensitive to change. To Policy C26 satisfy the following criteria: avoid unnecessary conflict, the District Council will (a) the proposal's energy contribution and other encourage full consultation by developers with MAFF, the benefits outweigh any significant adverse Forestry Authority and the County Council in respect of impact on: proposed schemes and grant applications for energy coppice. Any storage or other buildings required close to 1) the character and appearance of the the resource areas will be considered under this plan’s landscape, nature conservation, policies on employment and countryside, also taking into archaeological or geographical interests; account Policy C25.

2) the amenity of residential properties HYDRO ELECTRICITY by reason of visual impact, noise, shadow flicker or reflected light; 5.106 Small scale hydro electric schemes already exist in parts of Cumbria and South Lakeland, and have a (b) the proposal would not have a significant particular role to play on those rivers and streams with a adverse impact on any nationally important reasonably constant flow. They represent a technique landscape designation, including their visual which can integrate well with other development projects amenity and setting; alongside water courses, including office, employment, housing and leisure uses. Schemes which require (c) the proposal would not cause significant substantial re-engineering of the watercourse, or require damage to a site of international or national nature conservation importance; significant visible infrastructure within the water course or environs, would have a visually damaging effect on (d) effective measures are available to places of intimate quality. Where schemes are proposed overcome any significant electromagnetic on or near sites of historic or archaeological interest, interference to transmitting or receiving particular attention should be paid to the archaeological equipment; assessment of such proposals.

(e) all power lines are placed underground or do not appear prominent in the landscape;

(f) adequate access for construction traffic is available or could be provided without harm to highway safety, visual amenity or nature conservation interests;

(g) the cumulative effect of the proposal, with existing, permitted or other proposed wind energy schemes, should not have a significant adverse impact on the character and appearance of the area;

(h) realistic proposals are in place for the removal of redundant wind turbines and the restoration of the site.

In assessing the proposals against the requirements of this policy, full account will be taken of proposed mitigating measures.

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HYDRO-ELECTRICITY SLURRIES

Hydro electric schemes will only be acceptable Proposals for the installation of plant and where they are designed to operate without equipment to generate energy or heat from recourse to substantial re-engineering of the processing slurries will be considered favourably

Policy C28 water course or arrestment techniques, subject to Policy C29 providing the scale of the equipment proposed the following conditions: and its location and appearance is appropriate to the existing farming enterprise, the landscape and (a) the turbine casing with all control gear and the landscape setting of the farm and the equipment will be housed in a suitably character of the farm buildings. designed or converted building or structure;

(b) in visually sensitive locations all services and cabling to the turbine and control SOLAR POWER housing to be routed beneath ground; 5.108 Solar power may take one of the following forms: (c) the re-engineered watercourse and any arrestment techniques do not have a (1) active solar heating which requires the significant visual impact; and arrangement of solar collectors on external roof surfaces, or elsewhere. These cover between four and (d) all schemes to be the subject of an eight square metres in typical cases of domestic environmental appraisal of the impact of the systems; scheme on the ecological regime within the water course and river bank environs. (2) photovoltaics which involve roof mounted collectors of similar appearance which produce electricity rather than heat fluids. Photovoltaics arrays can also, less commonly, be freestanding or mounted SLURRIES on other surfaces;

5.107 Renewable energy projects can also support the (3) passive solar design which is more a technique process of farm diversification. Farm slurries represent a used in the construction of new or substantially new small but potentially useful contribution to the energy buildings than a purchasable additional fixture for requirements of a farm or small group of farms and could existing buildings. serve to reduce overheads for the farm enterprise if 5.109 The principle of passive solar heating is supported exploited communally. On those farms where by the District Council, subject to normal development diversification into tourism has already occurred with control standards being applied. The installation of active caravans or barns for holiday letting, the scope may be solar or photovoltaic arrays on roof slopes can have an even wider, and may justify the cost of installing a impact on the appearance of a dwelling house or building. digester to generate gas independently. In considering The degree to which these require consent will depend on planning applications for digestors and slurry containment individual cases and the District Council’s view on systems the prominence of the structures within open whether the proposals result in a ‘‘material alteration to landscapes will be of significant importance together with the appearance of the dwelling house’’. The District the material and colour of the cladding structure. Council will be concerned that the scale and profile of an Detached installations like any other development in open installation is appropriate for the location, particularly farm landscapes can be very eye-catching and damaging where it affects the character or appearance of a listed to the quality of the rural landscape. At the same time, building, or other building in a Conservation Area. such structures placed alongside existing vernacular buildings can look equally out of place.

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SOLAR POWER

Proposals will be considered favourably for arrays of active solar or photovoltaic cells, provided that the installation is: Policy C30 (a) substantially flush with the plane of the roof; and

(b) does not result in undue harm to the character of the building and the amenity of the surrounding area;

(c) does not cause significant harm to the character, appearance or setting of listed buildings, or other buildings within Conservation Areas.

CUMULATIVE IMPACT

5.110 The development of renewable energy projects within an area may have a cumulative effect. This can be significant in relation to both the number of developments and their degree of dominance. It is also significant both with reference to important single view points and to the general impression when travelling through a landscape. Cumulative impact will be judged in terms of distances between installations, taking into account the nature of the landscape, in particular the effect of major elements such as hills and woods. Cumulative impact will also be judged in terms of the nature conservation value of the areas involved.

CUMULATIVE IMPACT OF RENEWABLE ENERGY PROJECTS

Assessments of new proposals for renewable energy developments shall take account of the

Policy C31 cumulative effect of the development on the area if other similar renewable energy projects have been permitted within the same area.

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page 74 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 LEISURELEISURE & RECREATION & RECREATION Chapter 6 : LEISURE & RECREATION

Introduction ...... 75

Recreation Provision ...... 75

PROTECTION OF EXISTING ALLOTMENTS AND PLAYING FIELDS ...... 75

PROVISION OF NEW FACILITIES ...... 76

PROPOSED SITES FOR LEISURE AND RECREATION ...... 77

VILLAGE HALLS ...... 78

GOLF COURSES AND GOLF DRIVING RANGES ...... 78

CHILDREN’S PLAY AREAS ...... 79

EQUESTRIAN DEVELOPMENTS ...... 80

Access to the Countryside ...... 80

RIGHTS OF WAY ...... 80

THE NORTHERN REACHES OF THE LANCASTER CANAL ...... 81

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 6 : LEISURE & RECREATION

Recreation Provision

PROTECTION OF EXISTING ALLOTMENTS AND PLAYING FIELDS

6.2 A wide range of sports and recreation facilities are available in South Lakeland, provided by Councils, commercial organisations, local groups and the schools. Both active and passive forms of recreation are generally catered for and the Plan area contains a large number of sports clubs and associations.

6.3 Different people have different ways of enjoying their leisure time. Planning Policy Guidance Note 17 ‘‘Sport and Recreation’’ and the Northern Council for Sport and Recreation’s ‘‘Priorities for Progress’’ regional strategy, urge Local Authorities to consider the land use implications of meeting such recreational needs for all. Development pressures on open space which would conflict with the wider public interest should be resisted, and the planning system should ensure that an adequate amount of land is made available and protected for organised sport and for informal recreation. In the rare situations in which redevelopment of recreation sites can be justified, the Local Planning Authority will seek a replacement facility of equal scale and quality to be provided at the developers’ expense. This will be secured as a planning obligation. The Council may also use Introduction obligations in appropriate circumstances to provide new, on-site and off-site, recreational facilities. 6.1 The District Council is actively involved in both the provision of leisure and recreational facilities and the 6.4 Where existing facilities appear to satisfy local promotion of South Lakeland’s attractions throughout the needs, the emphasis will be on their protection, both for Plan area. The demand for leisure and recreation facilities their recreational and amenity value. If it is claimed that a has grown steadily over a number of years with need for a facility no longer exists, the applicant will be increasing personal mobility and the availability of more expected to provide conclusive evidence to this effect with leisure time. Further provision for leisure and recreation reference to: must be viewed against the ability of the landscape and settlements to accept such growth. The strategy of the (1) existing national standards; Local Plan is, therefore, to encourage appropriate developments, but to minimise potentially harmful effects. (2) the level of provision in the catchment area; and Sport and recreation are important components of (3) the needs of local clubs and sporting everyday life and have a valuable social and economic associations. role. It is the policy of the Government to promote the development of sport and recreation in the widest sense: The same approach will also be taken with allotments. to enable people to participate in sport, whether as Despite the convenience of modern shopping and the players or spectators, and to encourage the provision of a hard work involved in its maintenance, an allotment plot wide range of opportunities for recreation, so that people provides the passive recreation that people without can choose which suit them best. Such opportunities gardens enjoy, and makes a significant contribution to the should, wherever possible, be available for everyone, local economy and energy conservation. The high including women, ethnic minorities, the elderly and those amenity value, location, setting and use of many with disabilities for whom access to facilities is especially allotments, also justifies the additional protection of being important. designated as ‘‘Important Open Space’’ under Policy S4.

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PROVISION OF NEW FACILITIES PLAYING FIELDS AND RECREATIONAL 6.5 The Sports Council has identified a significant FACILITIES unsatisfied demand for sports hall space in the District (equivalent to five halls), as well as a shortage of indoor All playing fields and other formal and informal bowling facilities and squash courts. It has also

Policy L1 recreational land and facilities (public and private) highlighted an unfulfilled demand for outdoor facilities will be protected from development, unless: such as motor sports grounds and all weather pitches in the area. (a) the development is ancillary to the recreational use of the area; or 6.6 The District Council is attempting to expand both indoor and outdoor recreation facilities throughout South (b) a suitable replacement facility is provided in Lakeland to meet these shortages but, due to scarce an accessible location within the same area resources, often has to rely upon commercial and of need or demand; or community initiatives. Generally, the Local Planning Authority will look favourably on proposals for new (c) conclusive evidence indicates that the need development and improvements to existing facilities for the facility no longer exists, with providing that there will be no adverse effect on the reference to existing national standards, the landscape and nearby residential amenity. As a general level of provision in the catchment area and guide, the District Council will have regard to the National the needs of local clubs and sporting Playing Fields Association’s standard of 2.4 hectares (6 associations. acres) of open space per 1,000 people. It will particularly seek to encourage and assist in the development of major recreation facilities in the settlements where most people have access, i.e. Kendal, Ulverston and Grange-over- Sands. The District Council will support the provision of a swimming pool at Grange-over-Sands, where a demand ALLOTMENTS has already been identified. Planning consent has already been granted for such a use at Berners Close. Allotments, statutory and non-statutory, will be protected from development unless another 6.7 The District Council will, where possible, continue to make grants available in appropriate cases to sports

Policy L2 allotment of similar or better size and quality is provided in an accessible location within the and recreation organisations for the provision and improvement of facilities. It will also encourage other same area of need or demand. grant making bodies and organisations such as the Sports Council and the Cumbria Playing Fields Association to contribute to suitable schemes. In due course, assistance may also be available from the National Lottery.

6.8 The permitted development rights of certain countryside recreation activities have been restricted because of their potential impact on the amenity of rural areas. These include motor car and motorcycle racing, where permitted development is limited to 14 days per calendar year instead of the normal 28 days. Where such activities exceed 14 days, or where other countryside recreation activities exceed 28 days, the proposal will be judged against the criteria in Policy L3. Within Sites of Special Scientific Interest, the permitted development rights of motor racing, clay pigeon shooting and war games have been removed completely. Applications for such activities will be judged against the relevant nature conservation policies (C6-C10). The District Council will encourage consultation and positive management measures to minimise the conflict between these recreational activities and other interests. page 76 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 6 : LEISURE & RECREATION

also likely to include sports pitches, an all-weather playing surface, as well as additional car parking and informal PROVISION OF NEW FACILITIES open areas. Its location adjacent to the indoor Leisure Centre and Kirkbie Kendal School could bring benefits in In the larger settlements and villages the District terms of management and joint use of facilities. In Council will give favourable consideration to developing the complex, the District Council will seek to

Policy L3 proposals for the improvement or the provision of protect existing recreational facilities in the area, such as new facilities for sport or recreation to meet the the Canalbed Cycletrack. needs of the local community, where all the following criteria are satisfied: 6.10 In order to meet the recreation demands of the expanding community in the north of Kendal, a section of (a) there would be no adverse effect on the land east of Appleby Road has been earmarked for sports quality and character of the landscape; facilities. (b) there would be no detrimental impact on 6.11 The community at Holme village has a long- nearby residential amenity by reason of standing need for recreation facilities, particularly a noise, disturbance and illumination; football pitch. The Plan identifies a site of up to 1.5ha for (c) satisfactory access and car parking a football pitch, other sports facilities and associated arrangements can be achieved and the parking, in conjunction with land allocated for housing at facilities are accessible to all potential users; Paddock Lodge, Holme. A smaller area may actually be required, depending on the orientation of the pitch. A (d) the scale, design and location of the Planning Brief will be required to establish the framework facilities would be in keeping with the for the development of the whole site, and the provision appearance, character and setting of the and management of all necessary facilities, including the village or larger settlement. football pitch. Ideally a draft Planning Brief should be prepared jointly by the District Council, Holme Parish (e) the proposal would not conflict with aims to Council and the respective landowners, to be adopted by protect existing business premises or land; the District Council, following local consultation. The Brief and shall seek to share the cost of providing facilities proportionally between the landowners involved, including (f) where practical, the access and facilities are making the football site available at no cost. The cost of designed to meet the needs of disabled levelling, draining the site and providing sports facilities people. will be met by whichever body is responsible for managing the site - probably Holme Parish Council.

PROPOSED SITES FOR LEISURE AND RECREATION NEW LEISURE SCHEMES

6.9 The eastern side of South Lakeland has a The following sites are allocated for leisure and shortage of outdoor recreation facilities by comparison sports facilities (see Proposals Map): with nationally recommended standards. A particularly Policy L4 significant shortfall is the lack of a 400 metre athletics (a) land situated between Kendal Leisure track in Kendal. Despite the lack of this facility, Kendal Centre and Parkside Road (with access has an extremely active athletics club and it is considered from Parkside Road via the business park); that the provision of a track and associated facilities would fulfil demands both locally and over a wider area. (b) land east of Appleby Road, Kendal between At this stage, there is no finance allocated for construction Spital Park and the junction of Queen of this facility, but it is considered that a site should be Katherine Avenue; and allocated for this use in the Local Plan and protected from alternative development. With this in mind, the District (c) land north or Mayfield Avenue, Holme Council is seeking to create an outdoor sports complex between the Leisure Centre and Parkside Road in conjunction with Kirkbie Kendal School. Such a scheme is

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VILLAGE HALLS limestone outcrops. Similar concern is expressed about golf courses on historic parklands and English Heritage 6.12 Within a large district, like South Lakeland, where has issued its own guidelines on such locations, where settlements are widely dispersed community venues are particular damage can be done. The Local Planning of crucial importance. Village Halls provide a centre for Authority will, therefore, seek to protect the district’s many social, recreational and cultural activities which landscapes from insensitive golf course developments otherwise could not take place in these smaller particularly in the AONB. Only where a developer can settlements. The multiple use of such a building for demonstrate that a course will make a positive playgroups, indoor sports, occasional retail, health enhancement to the landscape quality of an area will services etc. will help to secure its economic viability. proposals be considered favourably.

6.15 Planning Policy Guidance Note 7 ‘‘The Countryside - Environmental Quality and Social VILLAGE HALLS Development’’, highlights the importance of considering the quality of agricultural land in development proposals Proposals for the multiple use of village halls for uses such as golf courses. Development on the best including the conversion of buildings for social, and most versatile land will be unsuitable, as a return to

Policy L5 arts, community and recreational use and for the best quality agricultural use is seldom practicable. extension and redevelopment of existing village halls, will be given favourable consideration 6.16 The siting of golf courses needs particular provided that there is no adverse impact on the attention. An intimate landscape with small fields, landscape or on local amenity, and subject to a prominent valley sides, or exposed locations may well be satisfactory standard of design, access and totally unsuitable for the imposition of the manicured parking provision. greens and fairways of a golf course. Flatter landscapes will tend to be more easily screened by tree belts and offer less prominent views of the land itself and may, therefore, be more appropriate. The Local Planning GOLF COURSES AND GOLF DRIVING Authority will adopt a similar approach to proposals for RANGES new golf driving ranges. Whilst these can offer an attractive means of farm diversification the development 6.13 Golf has become an increasingly popular sport associated with them can have a marked impact in rural over recent years, and the pressure on existing golf settings. The selection of the site is the first and, in many courses has led to a demand for the establishment of new ways, the key issue in determining acceptability. The courses throughout the country. In the whole of South following policies apply to both private and public golf Lakeland area (including the National Parks), there are courses. currently golf courses in Burneside, Casterton, Crook, Grange-over-Sands, Kendal, Kirkby Lonsdale, Sedbergh, Ulverston and Windermere.

6.14 Concern about the rapid development of golf courses has been expressed in a Position Statement issued by the Countryside Commission in January 1992. Advice published by the Commission in 1993 as "Golf Courses in the Countryside" (CCP 438) indicates that there should be a clear preference for locating new courses where they can make a positive contribution to landscape enhancements. It argues there should be a presumption against golf courses in AONBs unless it can be demonstrated that the new course contributes to, and enhances, the special character of the area. In the Arnside-Silverdale AONB, golf course developments are likely to have a particularly severe impact on the intimate character of the landscape with its rolling land forms, small field pattern, extensive tree cover and exposed

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GOLF COURSES AND DRIVING RANGES PROVISION OF CLUB HOUSES WITHIN THE AONB AND CAR PARKING

The development of golf courses or driving The provision of club houses and car parking

Policy L6 ranges within the Arnside-Silverdale Area of Policy L8 areas in association with golf courses and driving Outstanding Natural Beauty will not be permitted. ranges will be permitted, provided they are Proposals will only be favourably considered in suitably located, landscaped, of appropriate size exceptional circumstances where: and scale and of a high standard of design, using traditional materials. Details of any buildings (a) they make a positive contribution to the re- should be submitted with the initial application for creation and enhancement of the traditional the establishment of a new course. landscape character of the area; and

(b) there is no adverse impact on archaeological or nature conservation interests, or water courses and no loss of CHILDREN’S PLAY AREAS the best and most versatile agricultural land. 6.17 The need for children’s play areas in new housing development is addressed in Chapter 8. However, there may be an outstanding need for children’s play areas in many existing residential areas and settlements. In these cases, the District Council will seek to assist local GOLF COURSES AND DRIVING RANGES communities in identifying, providing and managing ELSEWHERE suitable play areas.

Outside the Arnside-Silverdale AONB golf courses

Policy L7 and driving ranges

will be permitted providing that:

(a) there is no significant adverse impact on the existing landscape or nature conservation interests;

(b) appropriate new landscaping will be carried out as part of the course construction;

(c) satisfactory access and car-parking arrangements can be achieved;

(d) the proposal does not result in the loss of the best and most versatile agricultural land;

(e) there would be no adverse impact on archaeological sites or water courses.

(f) there would be no other effect on the enjoyment of the public rights of way network.

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EQUESTRIAN DEVELOPMENTS Access to the Countryside

6.18 Horse riding is a popular recreational activity 6.20 As well as being important for its visual amongst residents and visitors alike in South Lakeland attractiveness and nature conservation interest, the and is generally considered appropriate in countryside countryside has immense value as a resource for public areas. However, the need to provide stables for horses recreation and sport. Such a resource requires careful and buildings for the establishment of formal pony planning and management to maximise its recreational trekking and equestrian centres can, if not carefully potential, whilst ensuring its protection. The extensive located and designed, have a harmful impact on the footpaths and bridleways throughout South Lakeland landscape, particularly if it is also associated with provide many opportunities to enjoy the peace and structures such as jumps, fencing and all-weather tranquillity of the countryside in an informal way, but more facilities. remains to be done to improve accessibility to the whole of the public rights of way network. 6.19 The District Council considers that all new proposals will have to pay careful attention to the siting RIGHTS OF WAY and design of all buildings and facilities and have reasonable access to the bridleway and road network. 6.21 The District Council aims to clear and waymark the Issues relating to the management and maintenance of rights of way network (about 800 kilometres outside the existing bridleways will also be a consideration in the National Parks) by the year 2000. This is in conjunction assessment of proposals for pony-trekking centres. with the South Lakeland ‘‘EYE’’ Project (Enhance Your Environment), a joint project by the District and Parish Councils to improve the environment of the district. The Council has set out a phased programme for clearance of EQUESTRIAN DEVELOPMENTS the rights of way network over the next five years. The County Highway Authority has also commenced a Proposals for the erection of stables and loose programme of signposting rights of way off highways, boxes for horses kept for private recreational use linked closely to the parish clearance timetable. The rights

Policy L9 and the development of pony trekking or of way network provides an important means of access to equestrian centres will be permitted, where each the countryside for people of varying abilities and needs. of the following criteria are satisfied: It is, therefore, important to maintain and protect the rights of way network. (a) the building would form part of an existing group of buildings;

(b) the building would be of an acceptable standard of design incorporating materials RIGHTS OF WAY which are sympathetic to the landscape; Existing and proposed rights of way will be (c) there would be no adverse effect on the maintained and protected from any development appearance and character of the landscape; that would adversely affect their character. Policy L10 Development which results in the loss of, or (d) there would be no adverse effect on disruption to, existing rights of way will only be residential amenity, nature conservation or permitted where a satisfactory diversion can be archaeological interests; provided, and secured, in advance of planning consent. Convenient footpath links between new (e) the bridleway and road network have development and existing rights of way should be sufficient capacity to accommodate the provided for local residents and walkers. expected use by horses; and

(f) there is adequate access and parking provision.

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6.22 Disused railway lines offer particular opportunities their vicinity. In conjunction with any development, the for the creation of long distance recreational routes, Council will also seek to ensure that the towpath can be whether for walkers, cyclists, horseriders or, indeed, for used as part of a wider network of footpath/cycleway links the re-opening of recreational rail services. Opportunities in and around the area. Where it is practical, restoration for the conversion of disused lines and embankments should take place to the canal’s original dimensions, and exist in several parts of the Plan area. The Local Planning it should also take account of the canal’s important nature Authority will seek to protect these from development or conservation value. landfill which could jeopardise recreation opportunities in the future and will also be working in partnership with others to develop routes. LANCASTER CANAL

Development will not be permitted which would DISUSED RAILWAY LINES be likely to prevent or impair the restoration of the Lancaster Canal, along the route shown on the

Development that would prevent, or reduce the Policy L12 Proposals Map, or which would result in the loss opportunities for, the use of former railway lines of any buildings, locks or other structures as long distance recreation routes will not be associated with the canal. Policy L11 permitted. Any essential development that would affect the alignment of the canal will only be permitted if adequate arrangements are made for its THE NORTHERN REACHES OF THE restoration on an alternative alignment, and for LANCASTER CANAL the restoration or improvement of the canalside towpath and its links to existing footpath routes. 6.23 The Lancaster Canal was authorised by an Act of Parliament in 1792, and when completed in 1819 ran The Council will seek the restoration of the canal from Kendal, south through Lancaster and Preston to in association with any adjacent development, Westhoughton on the Lancashire coalfield. During the last where the canal route is in the same ownership 20 or 30 years the canal has been severed at a number and where restoration would benefit the proposed of points by new road building and much of the section development. Such restoration must take into between Stainton and Kendal is now filled in. account the importance of and the need to protect the wildlife interests of the canal, whilst 6.24 A Restoration Group made up of Local Authorities, recognising the primacy of navigation as being British Waterways, canal and boating organisations and the reason for the existence of the canal. other interested individuals was formed in 1990 with the purpose of restoring the northern reaches of the canal. A detailed feasibility study of the section from Tewitfield to Kendal was completed confirming that such restoration would be achievable.

6.25 The District Council supports the Northern Reaches Restoration Group in its aims and intends to use its planning powers to ensure that the opportunity to restore the canal is not prejudiced in any way by new development. The Council will work closely with the group to advance the case for the restoration of the canal.

6.26 Throughout its length, there are a variety of structures and engineering works constructed as part of the canal and essential to its operation. Retaining walls, locks, lock-keepers cottages, bridges, basins, portals and, indeed, the towpath itself, are part of the character of the canal environment and should be retained and, where possible, restored if and when development takes place in

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page 82 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 TRANSPORTTRANSPORT Chapter 7 : TRANSPORT

Introduction ...... 83

Integrating Transport ...... 83

RESPONSIBILITIES ...... 84

Roads ...... 84

A590 - M6 TO BARROW IN FURNESS ...... 85

A65 - M6 TO COUNTY BOUNDARY ...... 85

A595 DALTON TO GRIZEBECK ...... 85

OTHER STRATEGIC ROUTES ...... 85

KENDAL ...... 85

ULVERSTON ...... 86

DEVELOPMENTS LIKELY TO IMPACT ON TRUNK ROADS ...... 86

Traffic Management ...... 87

Car Parking ...... 88

Pedestrians ...... 90

Cyclists ...... 91

Greenways and Quiet Roads ...... 92

Public Transport ...... 92

RAIL ...... 92

BUSES ...... 93

Park and Ride ...... 93

Better Ways to School ...... 94

Travel Plan ...... 94

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. Chapter 7 : TRANSPORT

7.4 The location and nature of land uses and new development affect the amount and method of travel and these in turn are influenced by the nature of the transport network and transport policies. In 1998 the Government published The White Paper `A New Deal for Transport: Better For Everyone', which addresses the need to integrate land use planning and transport policy. Integration is defined as `within and between different types of transport, the environment, land use planning, and policies for education, health and wealth creation'. Revised Planning Policy Guidance Note 13: Transport, refers to the need to reduce the length of journeys and make it safer to and easier for people to walk, cycle or use public transport regardless of any disabilities. Land use planning and transport integration provides a mechanism to reduce the need for some car journeys by locating development in sustainable locations, and by enabling people to make sustainable transport choices, particularly public transport, walking and cycling. The Lancashire Local Transport Plan 2001 - 2006 proposes to develop a bus/rail interchange at Carnforth. A key element of Introduction the project is a new network of rural buses operating from a hub at Carnforth to Milnthorpe. 7.1 The increase in personal mobility in the last fifty years has dramatically changed the lives of most people: the shape of our towns, the landscape of the countryside, Integrating Transport the way we travel to work, shop and take our recreation. All are influenced by the motor car. Private transport now 7.5 A development strategy has been prepared by accounts for 86% of travel in Britain. People’s horizons the District Council which concentrates new have been expanded, but international fears about the development in the towns or larger villages of the threat from greenhouse gases make it clear that the District. The Strategy also sets out clear guidelines environmental cost of this ‘‘progress’’ may be high. At a for developing a network of cycleroutes, and local level the noise, fumes and hazard of motor vehicles improving safety and ease of movement on foot. diminish the environmental quality of our towns and Although public transport, traffic management and countryside whilst increasing levels of traffic congestion road maintenance are not the direct responsibility of threaten the very convenience of this personal mobility. the District Council, changes in planning policy brought about by the Transport White Paper now 7.2 An effective transport system is nevertheless requires that the District Council should give suitable essential to ensure the economic future of the country consideration to these matters in new developments. and the District. South Lakeland must have good The Council is responsible for off-street parking and transport links with the rest of the U.K. and Europe, as this can influence, to some extent, the use of the well as an efficient internal network. private car. The Council is committed to achieving an integrated transport system for 7.3 The Government considers that traffic growth on the District and will work in conjunction with the scale predicted presents a major challenge to its developers, relevant authorities, special objective of sustainable development. National Road interest groups and the general public in Traffic Forecasts (Great Britain) 1989 states ‘‘...total traffic order to facilitate this. As a first step, it will is expected to increase by between 27 and 47% by 2000, seek to encourage Cumbria County Council, and between 83 and 142% by 2025, compared with and bus and rail operators, to move towards 1988’’. It is essential to control this growth by reducing the integrated timetabling. need to travel and encouraging the development and use of alternative modes of transport.

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RESPONSIBILITIES of services has resulted. The reduction of subsidy from the County Council has made it more difficult to sustain loss-making rural services. 7.6 Cumbria County Council is the Highway Authority and is responsible for most highway matters including new road construction, traffic management and a Roads coordinating role in the provision of public transportation. It is also responsible for the repair and 7.10 In spite of concerns about the increase in traffic maintenance of most roads and the extensive network volumes, good roads are essential to the economy of of bridleways and footpaths, although there are South Lakeland. Whilst the east of the District with its agreements in place where the District Council carries connections to the M6 motorway is the most accessible out these functions in certain areas. Trunk roads and part of Cumbria, the western Furness area experiences the M6 motorway are the responsibility of the real communications problems which compound the Highways Agency, an executive arm of the deteriorating employment prospects of Barrow and the Department of Transport, Local Government and the rest of the peninsula. Regions. The Highways Agency is responsible for the management and maintenance of this network and the ‘‘Structure Plan Policy 9 - Inter-Urban Transport delivery of the Secretary of State's programme of trunk road improvements. It works closely with other Inter-urban communications will be improved by transport operators and with local authorities to upgrading the road network to meet economic integrate the trunk road network with the rest of development needs and to bring environmental England's roads and other forms of travel. At present benefits to bypassed towns and by encouraging the there are three trunk roads in the District: the A590 movement of passengers by bus and rail and bulk from M6 junction to Barrow in Furness, the A65 from commodities by rail to reduce the environmental junction 36 to Kirkby Lonsdale, and the A5092/A595 impact of road traffic. New road building, or significant from Greenodd to Duddon Bridge, Broughton in upgrading of existing roads, affecting areas and Furness. However only the A590 will remain a trunk features of international and national conservation road after March 2003 because the other two are importance will only be carried out in exceptional excluded from the core national network and will be circumstances’’ transferred to the County Council. Local planning responsibilities for highways within the National Park 7.11 The Structure Plan defines a network of primary fall to the Lake District National Park Authority. and strategic road routes within Cumbria. This primary network consists of National and Regional routes and 7.7 Cumbria County Council has drawn up a five links the major urban and employment centres to one year integrated transport strategy, which covers all another and to the rest of the U.K. Structure Plan policy modes of urban and rural transport and links them 61 seeks the comprehensive improvement of the Primary together. The Local Transport Plan is a framework for Route Network by the year 2006. Within the District Plan the delivery of transport for all transport organisations area this means: operating within Cumbria. The South Lakeland Local Plan and the Local Transport Plan must complement A590 : M6 Junction 36 to Barrow-in-Furness each other to fully ensure that land use planning and A65 : M6 Junction 36 to Lancashire County transport is integrated. Boundary A595/5092 : Dalton-in-Furness - Greenodd - Grizebeck

7.8 Virgin Trains, North Western Trains Ltd and 7.12 The responsibility for constructing the necessary Regional Railways North East are the franchisees improvements to the network, whether they are responsible for running the railway services that exist in improvements on-line, new stretches of road or by- the District; with ‘Railtrack’ now taking on the business of passes, rests with the Department of the Environment, managing and maintaining the property and the lines. Transport and the Regions for trunk roads A590, A65, A5092 and A595 (west of Grizebeck) and the County 7.9 Buses are mostly the responsibility of privately Council for the remainder of the A595 (ie . between operated companies, and although ‘‘deregulation’’ created Grizebeck and Dalton in Furness). more competition immediately after its introduction, this has largely evaporated. There is now little evidence of improved services; indeed in the rural areas a reduction

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A590 - M6 TO BARROW-IN-FURNESS OTHER STRATEGIC ROUTES

7.13 The A590 trunk road, which is the responsibility 7.16 These have been defined in the Local Transport of the Highways Agency, links the Furness Peninsula Plan to link the remaining major traffic generators and to the national road network. The improvement of the settlements with a population of over 2,000 into the route to dual carriageway standard throughout its 54 County Strategic Road Network. The A5092 trunk km length is a priority of Cumbria County Council. road, which is the responsibility of the Highways However despite the significance of the route, most of Agency, links the A590 and the A595. As a non-core the A590 improvements are programmed beyond the trunk road it is due to be transferred to the County Local Transport Plan five year period due to end Council for local management on 1 April 2003. The 2005/6. Currently dual carriageways are almost A684 Kendal to Sedbergh road is recognised by the continuous at the eastern end, but exist in short, County Council as being sub-standard over much of generally isolated sections further west. The route is its length on either side of the M6 motorway but no heavily trafficked and subject to speed restrictions in improvements are programmed to commence within parts. The High & Low Newton Bypass continues to the Plan period. be given priority by the County Council in the 5 year Local Transport Plan period, but it has not yet found a 7.17 Structure Plan Policy 9 presumes against new place in the Government's targeted improvement road building within towns apart from in exceptional programme. The District Council will continue circumstances, but accepts that by-passes can bring to support the upgrading of the A590 to dual environmental benefits to communities. Policy 45 expands carriageway. on this theme defining the ‘‘exceptional circumstances’’ as: development needs, road safety or environmental A65 - M6 TO COUNTY BOUNDARY benefits. This has potential implications for Kendal and Ulverston.

7.14 The A65, a trunk road that is the responsibility of KENDAL the Highways Agency, links Cumbria to West Yorkshire. This route is currently designated as a non- 7.18 In the previous South Westmorland Local Plan the core trunk road and is due to be transferred to the line of an internal relief road along the route of the old County Council for local management on 1 April 2003. canal was formerly protected from any development The route will remain within the national County which would prejudice its construction. Following Strategic Road Network. No specific improvements for subsequent consultation exercises on the town’s traffic the route are identified in the Local Transport Plan. problems, the alternative merits of this internal relief road and a northern link road, linking the A591 at Plumgarths A595 DALTON TO GRIZEBECK with the A6 Shap Road, remain unresolved. The District Council is now proposing to remove protection from the line of the canal bed relief road (but see Policy L12, 7.15 This section of the A595 is a County road. protecting the canal bed route for long-term canal Improvement of the length between Dalton and Askam restoration) and will press the County Council to construct in Barrow Borough was completed in 1997 but no the northern link road, for the following reasons: further improvements between Askam and Grizebeck are programmed into the Local Transport Plan Period. (1) the proposed Northern Link is believed to offer A Route Action Plan is being implemented to improve additional benefits over the proposed Canal Bed road safety between Askam and Grizebeck. This will Relief Road in terms of relieving town centre traffic; be monitored, and the District Council will (if and necessary) urge the Highway Authority to undertake further road improvements and traffic management (2) the proposed Canal Bed Relief Road could measures for the safety of all road users. impinge on the setting of Kendal Castle, several listed canal bridges and the quiet amenity and nature conservation interests along the route corridor. When a decision is reached on a precise route for the Northern Link, the District Council will seek to protect it accordingly. In addition, the District Council

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recognises that any road building will need to be providing improvements to the trunk road (and existing complemented by traffic management measures on junctions/accesses where appropriate) could be designed existing roads, such that additional capacity is not in accordance with the Department of the Environment, created for car use. Transport and the Regions design horizon. In order to provide the additional capacity, the Department may direct ULVERSTON the District Council to impose conditions on any planning permission, stipulating that the development should not 7.19 As mentioned earlier (para 7.13), the future of the occur unless and until those improvements have been A590 trunk road within the town of Ulverston is not clear. carried out. The Department requires that road works At present it severs the town and creates serious brought about by development are constructed to similar environmental problems. A by-pass would be desirable, standards to those applied to its own schemes. but unless the Department of the Environment, Transport and the Regions declares a preferred alignment for such 7.23 Transport Assessments will be required from a road, the route cannot be protected from new developers, the format and content of which must be development in the Local Plan. The District Council will agreed by the Highways Agency, preferably at an continue to press the Department of the Environment, early stage. The scale of development that requires a Transport and the Regions to confirm and protect a route Transport Assessment can be found in the County line as soon as possible. Councils Guidelines. The following guidance will provide details of the circumstances when a Transport 7.20 Road Alignments and Corridors: The road Assessment will be required. The Institute of proposals referred to in paragraphs 7.13 to 7.19 are at Highways and Transportation Guidelines for Traffic varying stages in their design programme. Some have Impact Assessment (1994) and The Cumbria Design had detailed plans prepared, others are in the form of a Guide Volume One - Layout of New Residential ‘‘corridor’’ within which the eventual line will be Developments (1996). These guidelines provide determined and for others, at this stage, only a broad information on traffic assessments for development indication can be given of the final alignment. At this affecting local roads. Information for development stage, the Local Planning Authority is unable to provide which affects trunk roads is provided in the Institute of any clear and definitive protection for the routes of these Highways and Transportation's Guidelines for Traffic new roads and improvement schemes. However, when Impact Assessment. Any costs for road works alignments have been finally agreed and declared, the associated with a land use proposal will be borne by District Council will take steps to protect the line from the developer and construction completed under a development which could prevent or affect its Section 278 agreement of the Highways Act 1980. construction.

7.24 The Department of Transport, Local Government DEVELOPMENT LIKELY TO IMPACT ON and the Regions has a strict policy of not allowing TRUNK ROADS direct access from private development to motorways or motorway slip roads unless the development 7.21 Under the Town and Country Planning General relates to motorway service areas, road junctions, Development Order, the Secretary of State may give maintenance compounds and other major transport directions restricting the grant of permission by a local infrastructure facilities such as airports. The authority, either indefinitely or during such a period as Department will direct the District Council to refuse may be specified. This should ensure that trunk roads planning applications for developments whose access continue to perform their functions as routes for the safe arrangements breach this policy. and expeditious movement of long distance through traffic. 7.24a On all-purpose Trunk Roads it is necessary in general to restrict the formation of new 7.22 In circumstances where a development is likely to accesses to them if they are to continue to perform generate a material increase in traffic, which would result their function as routes for the safe and expeditious in the access or the main route of that trunk road movement of long distance through traffic. In particular becoming overloaded, the Department of the strict policy is appropriate to high quality stretches of Environment, Transport and the Regions would normally rural trunk roads, and to trunk roads of near motorway direct the District Council to refuse the planning standard inside and outside urban areas. Appendix K application. However, the Department would not expect provides the Department of Transport, Local to object to developments consistent with the Local Plan,

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Government and the Regions guidance on development in relation to Trunk Roads. SAFEGUARDING LAND FOR TRANSPORT INFRASTRUCTURE IMPROVEMENTS 7.24b Safeguarding land for transport infrastructure improvements, relates not only to This policy will apply to any scheme depicted on potential road buildings, but also includes the the Proposals Map and any scheme included in Policy Tr2 development of the Kendal - Lancaster Canal, the the Local Transport Plan programmed within the Kendal - Windermere Branch Line and the local cycle Plan period. network. Policy L11 safeguards disused railway lines. The Local Planning Authority will seek to ensure that any scheme will be environmentally acceptable with regard to alignment, design, landscaping, the historic environment and blight. DEVELOPMENT LIKELY TO IMPACT ON Any development proposal will be expected to TRUNK ROADS incorporate mitigation measures.

Development which would be likely to prevent, or Infrastructure improvements may be needed to adversely affect the development of transport accommodate travel demand generated by Policy Tr1 infrastructure proposed in a safeguarded scheme development. Applications for planning permission will not be permitted. should be accompanied by a thorough Transport Assessment (provided by the applicant) New road building should be complemented by identifying the effect on the highway network of traffic management measures on existing roads traffic generated by the development, and the so that additional capacity is not being created for proposed sustainable measures to be car use. implemented to improve opportunities to walk, cycle and use public transport. The Department NB paragraphs 7.13-7.24 of the Plan text provide of Transport, Local Government and the Regions guidance on schemes for road improvement within the will not oppose the grant of planning permission Plan area. for development, providing that any traffic problems on the trunk roads can be satisfactorily overcome by the implementation of a suitable package of measures in accordance with current Traffic Management Government policy. 7.25 In the light of the emphasis in PPG13 to reduce dependence on the private car and in the face of decreasing public investment in road construction, it is appropriate for the District Council to consider a range of measures which could improve the accessibility and economic viability of town centres, whilst reducing the impact of vehicular traffic on the environment.

7.26 To achieve maximum effect traffic management needs to involve a comprehensive package of measures which will reduce non-essential traffic in town centres, improve the environment for pedestrians and cyclists and control goods deliveries and access by heavy vehicles. Ideally this would lead to increased use of public transport and so access should be improved for buses and journey times reduced.

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7.27 Joint studies through partnership working with package of measures for Kendal, the County Council relevant organisations have been undertaken in proposes to introduce further traffic calming measures, Kendal, Furness and other parts of South Lakeland including 20 mph zones in certain residential areas of with a view to achieving comprehensive improvements Kendal. The District Council will support the through the Local Transport Plan, as listed below. introduction of these measures, and will assist in Cross border discussions have also taken place with identifying and implementing other schemes where Lancashire County Council. The case for a radical needed. In addition the District Council will ensure package of traffic management measures in Kendal is that appropriate traffic calming measures are particularly strong, given the current volume of traffic, incorporated into the design and layout of all new the growing levels of congestion and very poor development schemes, to reduce the speed of environmental conditions. In response to this a vehicles and improve road safety (see policy S7). The comprehensive review was undertaken by the Kendal design of traffic management schemes should not be Traffic Steering Group, taking into account complicated, or fussy, and should take into account Government policy changes towards sustainable the views of emergency services, bus operators, the development, demand management, economic well- needs of cyclists and people with disabilities. Detailed being and air quality. Following consultation the design of traffic calming measures should recognise preferred strategy is anticipated to achieve a 24% the need to preserve and enhance the character and reduction in existing am peak traffic levels over a five appearance of Conservation Areas, Listed Buildings year period. In addition, it aims to increase amenity for and their settings in the wider landscape. Careful use pedestrians, cyclists and public transport users, and of road alignments, surroundings and surfaces, in reduce air pollution. Details of the Kendal scheme can appropriate circumstances, can encourage speed be found in the Local Transport Plan. restraint, without the need for ramps, humps and chicanes.

TRAFFIC MANAGEMENT TRAFFIC CALMING The District Council will encourage the County Council to promote traffic management schemes, In considering proposals for new development, or which support land-use policies for town centres, alterations to roads and traffic circulation patterns Policy Tr3 and secure better conditions for pedestrians and in existing towns and villages, the District Council Policy Tr4 cyclists. Traffic management measures will be will, where appropriate, require the design and encouraged in and around towns and villages layout to limit traffic speeds, and increase the where problems of congestion and environmental safety and convenience of residents. Where impact can be identified. appropriate the introduction of 20mph zones in residential areas will be encouraged to increase the safety and amenity of residents.

7.28 Some residential areas also suffer from the effects of unwanted traffic, particularly those located on the edge of town centres. Their location often Car Parking makes them attractive as short-cuts, or rat-runs, for traffic seeking to avoid congestion. In these 7.29 Attitudes towards car parking are beginning to situations, traffic calming by the use of humps change with revised Planning Policy Guidance Note 3 (sleeping policemen), chicanes and other devices can on housing stressing the importance of `planning for be effective, especially when coupled with additional people, not the car'. Many people are becoming speed restrictions. Traffic calming schemes have been increasingly aware of the damage to the quality of life completed at Sandylands and Anchorite Fields/Glebe resulting from uncontrolled parking, particularly in Road in Kendal. Draft Planning Policy Guidance Note residential areas, and the loss of amenity to non-car 13 on Transport identifies 20mph zones as a traffic users caused by extensive car parking provision in management tool. As part of the Local Transport Plan town centres. The District Council applies parking

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standards set out in the District-wide Supplementary Planning Guidance `Parking Guidelines in Cumbria' - TOWN CENTRE CAR PARKING May 1997. Planning Policy Guidance Note 13 suggests that the availability of car parking remains In considering development proposals for town one of the major influences on people's decisions centre sites the District Council will determine the associated car parking requirements on the basis

about how to travel to a given destination. To address Policy Tr5 issues of sustainable development and the need to of the following factors: reduce reliance on the car, the District Council will (a) the advisory County-wide guidelines for need to ensure that levels of parking in association with development will promote sustainable transport each type of development set out in choice. Planning Policy Guidance Note 6 makes it Supplementary Planning Guidance "Parking clear that some good quality parking is important to Guidelines in Cumbria"; maintain the vitality and viability of town centres. (b) the availability of public car parking space in However, methods to reduce the level of car parking the vicinity; will be encouraged by maximising the use of parking spaces, siting development in locations that promote (c) the likely impact on traffic flows and highway combined trips and reduced travel and questioning the safety; need for the level of car parking in new development proposals. Car parking standards will be revised to (d) accessibility by, and availability of, other accommodate new guidance in PPG13. There will forms of transport; also be a need to control car parking in accordance with the policy of the Local Transport Plan. In April (e) the advice and requirements of PPG13 and 2000 the County Council resolved to introduce the Local Transport Plan. Decriminalised Parking Enforcement. This will be executed by the District Council and will replace the Traffic Warden service operated by Cumbria 7.31 In spite of the changing approach to car parking Constabulary. Enforcement of Decriminalised parking standards, there remain several settlements within the by the District Council should be in operation District where off-street car parking remains throughout the District in the early part of 2002 and inadequate. This results in cluttered road-side parking, will enable both off and on street parking to be dangers to the safety of pedestrians and poor managed more effectively. environmental conditions. The District Council 7.30 Such a concept, however, will need to be recognises that there is a need for new off-street car approached with caution in South Lakeland for several parking space in several South Lakeland villages reasons. The area has a high level of car ownership including Cartmel and Broughton in Furness and will (77% households have access to a car), a widely continue it’s search for suitable sites early in the Plan scattered population, and a limited network of public period. At Kirkby Lonsdale, land has been earmarked transport services outside the towns. There is also a in a Planning Brief prepared by the Parish Council to delicate trading balance between South Lakeland’s the rear of the existing car park at New Road. This town centres, neighbouring town centres, and edge- site will be allocated for construction of a car park. of-town stores. Any radical clampdown on parking space and vehicular access,or a significant rise in car parking charges, could lead to a shift in spending and threaten the vitality and viability of town centres. The CAR PARK, KIRKBY LONSDALE Local Transport Plan recognises the need for parking The site off New Road, Kirkby Lonsdale has been to support the town centre role and has proposed a parking strategy which comprehensively plans the allocated for the construction of a public off-street parking area.

introduction of car parking charges, residents parking Policy Tr6 schemes and workplace parking schemes within a five year programme. The parking strategy is also coordinated within the broader remit of sustainable transport access and choice and is supported by the District Council.

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7.32 Elsewhere in the District, there is a recognised Pedestrians shortage of coach parks and coach setting down points close to the Trunk Road network and at popular visitor 7.33 The creation of better conditions for pedestrians destinations. The District Council will work closely can encourage people to leave their cars at home. with the Highway Authority, The Touri st Board Improved and well publicised pedestrian routes from and Coach Operators to improve the range of residential areas to town centres, traffic calming, facilities and make the best use of existing on environmental improvements, pedestrian streets or and off-street parking areas where a reduction in precincts, wider pavements and narrower carriageways highway safety and traffic flows will not ensue. can all help to shift the balance in favour of the pedestrian. Improvements of this kind in town centres such as Kendal and Kirkby Lonsdale have been 7.32a The Disability Discrimination Act and welcomed for the better environments which have Planning Policy Guidance Note 13 require the built resulted and have also proved their value to traders. environment to be more accessible to the mobility impaired. Accessibility relates to a broad group of 7.34 There is scope for more improvements of this people including those with disabilities, the frail and nature in Kendal, Ulverston, Grange over Sands and on a the elderly. Conditions have improved with the smaller scale in other rural settlements. The County introduction of the Shopmobility Scheme in Kendal, Council has set out its intention to work closely with environmental improvement schemes throughout the District Councils and other organisations to improve District and the pedestrianisation of shopping streets. environmental conditions in town centres. Where possible It is recognised that for many people with mobility it will use the opportunity provided by highway resurfacing impairments there is no practical alternative to the schemes to improve environmental conditions and safety private car to access the towns and villages of the for pedestrians. The District Council welcomes this District. In addition proposals within the Local approach and will work closely with the County Council in Transport Plan will also reduce the amount of overall their design and implementation. lengths of kerbside available for parking by blue badge holders within Kendal town centre. The District Council 7.35 Walking as a recreation is a healthy and enjoyable in partnership with the County Council will ensure that activity and the Council has developed a Countryside an adequate number of convenient to use on and off Management Strategy in conjunction with the County street parking spaces will be available within the town Council, Countryside Commission and Parish Councils to centre having regard to recognised standards. coordinate maintenance, improvement and development of the District’s rural footpath network. This will be continued and where possible, enhanced.

DISABLED ACCESS AND PARKING ARRANGEMENTS OPPORTUNITIES FOR PEDESTRIANS

Proposals for new development and transport Where feasible, the District Council will require infrastructure must ensure that access for the new development schemes in town and village

Policy Tr6a mobility impaired has been fully considered in the centres, to contribute to an improvement in Policy Tr7 design, location and layout. Particular regard conditions for pedestrians, with the objective of needs to be given to the physical conditions of increasing journeys on foot, reducing car the site and the inter-relationship of uses. dependence and improving the environment. It will also promote footpath and footway Disabled parking will be encouraged with new improvement and enhancement schemes in development providing it: partnership with the Highway Authority.

(a) is of an appropriate scale;

(b) is sympathetic in terms of design; and

(c) suitably located with respect to access and highway safety.

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Cyclists 7.37 Cycling is a healthy and pollution-free means of travel, but cyclists are at risk on busy roads and separate routes need to be developed or designated to provide 7.36 Increased use of cycles can play an important safe alternatives to the main roads both in and out of role in the shift towards a transport system less town. Some success has been achieved in improving dependent upon the motor car. The Department of conditions for cyclists in Kendal with the Canal Cycle Transport, Local Government and the Regions affirms Path, a joint cyclist and pedestrian route, linking the south that cycling is an important form of transport, and that east of the town with the centre. A short section of it is economical and efficient for local journeys, footpath/cycleway has also been constructed alongside environmentally friendly and healthy (Cycling the River Kent at Dockray Hall which links the Mintsfeet Statements June 1994). The Government is also Trading Estate with the west side of the River. In addition, calling for: the recently formed Kendal and District Cycle Scene has been working with the County and the District Councils to (5) local authorities consider cycling from the outset identify more opportunities for developing cycle routes in in planning and traffic management; Kendal. The objective is to provide safe, efficient and attractive cycle routes between people’s homes and (6) secure cycle-parking to be made available near shops (both in and out of town) workplaces, schools and offices, shopping centres, and public transport colleges and leisure facilities. In addition, cycle parking stations; racks have been provided in prominent locations within the pedestrian area and the recently published "Parking (7) employers to make cycle parking, changing and Guidelines in Cumbria" includes advice about the number showering facilities available; and and location of cycle racks in relation to new development proposals. (8) cycling to be seen as a sensible means of transport offering a realistic alternative to the car, 7.38 A network of dedicated and shared routes have both in local and composite journeys. been proposed in Kendal which link into the central cycletrack spine of the Canal Route and the Riverside The National Cycling Strategy (NCS) published in July Route. In the early part of the Local Plan perio the local 1996 a set of targets using 1996 figures, to double the authorities will seek to establish the Riverside Cycleway number of trips by cycle by the end of 2002 and to between Nether Bridge and the Dockray Hall area in quadruple the number by the end of 2012. In Cumbria Kendal. The network illustrated on the Proposals Plan this translates to a target of 8% of all trips being also includes routes known as the East Link (an outer- undertaken by cycle by the end of 2012. Local ring route), the Aikrigg Link (from Sandylands to Heron authorities and other transport providers and trip Hill) and the Castle Link (from Sunnyside to the Castle generators are encouraged to set local targets which Estate). The District Council will work closely with local will contribute to the central targets to increase cycle cycling groups to develop this network, its extension to use. For example the Kendal District Cycle the west side of Kendal, and other links within and Partnership have the target of achieving 20% of all between the district’s urban areas. This will require new journeys in the Kendal Travel to Work Area, by cycle purpose-built cycletracks, as well as the traffic-calming of by 2010. existing roads. Cycletracks will often be required as part of new, large scale, residential development schemes. Finally it is expected that a section of the Sustrans National Cycle Route will pass through part of the Local Plan area on route between Preston and Keswick. The District Council will work closely with the County Council and other relevant bodies to introduce a safe and attractive cycle route through the area.

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to finalise which routes will comprise the proposed OPPORTUNITIES FOR CYCLISTS network. The District Council will play an active role in the designation of Greenways and Quiet Roads in the Provision for cyclists including cycle parking will District, will promote cooperation across administrative be improved throughout the Local Plan area, with boundaries and encourage the formation of a dedicated cycleroutes and joint use cyclepaths

Policy Tr8 comprehensive network of routes around South being identified and developed in Kendal (see Lakeland and linked to other parts of the region. Proposals Map), and within and between other settlements.

The District Council will also require cyclepaths to Public Transport be provided in conjunction with large scale residential developments. Cycleroutes should be 7.39 For many people public transport is essential for provided to standards acceptable to all users and access to employment, shopping and leisure activities. as required by the Highway Authority, to ensure It also helps to reduce social exclusion by providing a their long term adoption and maintenance by the valuable service to those sectors of the community County Council. Proposals for new development that do not have access to their own transport. One of must fully consider location, access and design the key aims of the Local Transport Plan is to arrangements to promote the use of cycling as a enhance the role played by bus and rail provision in mode of transport. overall travel behaviour patterns. However, it is recognised that due to the wide distribution of Secure and clearly visible cycle parking provision population and rural nature of the District, it is a will be required in all new car parks, particularly difficult objective to achieve and will subsequently those associated with retail, leisure and require substantial investment. The District Council is educational developments, and will be not directly responsible for public transport provision; encouraged at public transport interchanges, this is achieved mainly through commercial bus and railway stations and park-and-ride facilities. train operators but also through the County Council Where appropriate, cycle parking, changing and and the policies in the Local Transport Plan. The showering facilities will be sought in major District Council can plan positively to seek industrial and commercial developments. improvements to the public transport network through developer contributions in conjunction with major new developments. The District Council will play an active role in identifying areas in need of investment, with Greenways and Quiet Roads particular regard to schemes that enhance sustainability and reduce social exclusion. The Council will therefore support the role of the community and 7.38a Greenways and Quiet Roads are a new voluntary transport, and encourage the development Countryside Agency initiative. Both aim to increase the of initiatives such as `Community Transport South quality and enjoyment of travel via the designation of Lakeland’. This organisation operates a district wide a network of routes. Greenways are the creation of social car scheme that provides a valuable service to routes for exclusive use by non-motorised modes of predominately rural based people without access to a transport, including bicycles and horses, which will car. form a strategic part of the car free network. Quiet Roads do not exclude motorised transport but the intention is to increase the amenity for non-motorised RAIL traffic through traffic calming. The designation of such routes is of particular importance in the rural fringes of 7.40 The District Council considers that the three towns and villages, which are popular with residents passenger lines which pass through the Local Plan and visitors for convenient access to the countryside. area (West Coast Main Line, the Furness Line and the The Council is currently involved in a pilot scheme, Windermere Line) are of crucial importance both as aimed at implementing such a network of routes in links to the national rail network and as a valuable Furness. Initial studies have shown demand to be means of local public transport. The Local Transport high, and work is currently being undertaken in order Plan proposals suggest priority being given to:

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(1) an improved West Coast Main Line, to provide 7.43 The District Council supports the County high quality links to Europe via the Channel Tunnel Council’s aim to improve the quality and frequency of for passenger and freight and connections to the services in the District. In response to the congestion international airports at Newcastle , Manchester and experienced in Kendal and the associated delay and Glasgow; and environmental damage that results, bus lanes will be installed on Highgate. There will also be investment in (2) better local and main line feeder services, bus shelters and information boards, and improved including a passing loop on the Windermere Line to passenger information at the main terminus. The facilitate a more frequent service. improved bus provision for Kendal will complement the transport package that will reduce car traffic in the 7.41 The County Council has a programme of town centre. Improvements to services, passenger supporting improvements to railway stations, including information and waiting facilities will also be improved car parking facilities. Environmental progressed elsewhere in the District. improvement work has recently been undertaken at Grange over Sands and Kendal stations and improvement is underway at Oxenholme. The Park and Ride Sparrowmire residential development brief in Kendal identifies a potential location of a railway halt, 7.44 If bus services are improved i.e. more frequent accessible to surrounding estates. Ulverston station is services and attractive fare levels, they will not be used set to benefit from works proposed by First North by more people unless it is more attractive to do so and Western Trains and Railtrack. At Arnside Railtrack and unless car travel becomes more difficult. One method of First North Western are planning to upgrade the reducing car travel is ‘‘park and ride’ a system whereby station and parking provision subject to agreement people are encouraged to leave their cars on the outskirts with the landowners and District Council. The County of the town and complete their journey to the centre by Council has also identified Burneside station for future bus. Schemes of this type already operate in Preston and improvement. The County Council will work closely Bath, amongst other locations. with Railtrack to assist in finding new uses for parts of its stations and adjacent land surplus to requirements. 7.45 Park and ride requires several ingredients to make The County Council is also encouraging Railtrack to it successful: an attractive and secure car park(s) located reintroduce dual track working throughout the length on the main route(s) into town, frequent bus services from of the Windermere branch line. The District Council the car park, the town centre and back, reasonable fare supports this project and will safeguard trackside land levels on the buses, coupled with free parking and some from development that may prejudice its degree of priority in the town centre’s main streets for implementation. If the dual track project is found not to buses, to ensure journey times are reliable and preferably be feasible the development of a passing loop on the quicker than the previous car journeys. route from Oxenholme to Windermere will be encouraged on a suitable site, for example in the 7.46 Draft Planning Policy Guidance Note 13 stresses Burneside area. the importance of ensuring that any proposals for Park and Ride schemes form part of the integrated package BUSES for the area outlined in the Local Transport Plan. The Cumbria Local Transport Plan allocates funds for such 7.42 Buses play an important role in the District’s a scheme in Kendal for 2001/2, although at present transport system, although only within the urban area does not provide additional information. A final of Kendal and Ulverston is the level of service decision regarding the location of a site, or sites has sufficient to present a viable alternative to the regular not yet been made, with potential areas at Kendal Fell use of the private car. In the rural areas there has Quarry, Shenstone and Milton currently undergoing been a downward spiral of reduced services linked detailed assessment. Kendal Fell Quarry lies partly with increased car ownership. The District Council is within the Lake District National Park. The location of concerned that further reductions in bus services a Park and Ride scheme on the edge of Kendal will could have serious implications for residents of the involve the submission of a planning application to be Plan area, particularly those in the villages who rely determined by either the Lake District National Park, on bus services for journeys to work, school, shops South Lakeland District Council or both if the site is and health facilities. only partly in the National Park.

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Better Ways to School Travel Plans

7.47 Since 1986, the number of school children 7.48 Travel Plans are a package of measures drawn travelling to school by car has almost doubled. up by an employer to promote more sustainable Research undertaken by the Department of Transport, methods of transport throughout the working of the Local Government and the Regions in 1999 has business or organisation. Different aspects include the shown that almost one in five car trips on the urban employee commuter travel, business travel and fleet network at 8.50 in the morning are taking children to management. Measures may include the use of school. The result of this is an increase in pollution alternative modes of transport, such as walking or and congestion and a negative effect on children’s cycling; flexible working hours; car sharing or working general health and well being. In response to this the from home. The Local Transport Plan includes policies Government is now encouraging Local Authorities to relating to the introduction of Travel plans. The adopt Safe Routes to Schools Initiatives, with the aim District Council supports these policies and of encouraging more children to walk, cycle and use intends to introduce its own Travel Plan to public transport to get to and from school. The lessen the impact of staff, member and County Council is working in partnership with schools customer travel on the environment of the in order to identify measures that can be undertaken District and to act as an example to other to achieve safe routes. The District Council will major employers. support the County Councils Better Ways to Schools Initiative.

TRAVEL PLANS

The Council will require the submission of a BETTER WAYS TO SCHOOL Travel Plan alongside applications for new development in the following circumstances: The impact upon designated safe routes to school will be a material consideration in the assessment Policy Tr10 (a) where a major development comprising of proposals for new development in the District. Policy Tr9 jobs, shopping, leisure and services is The Council will negotiate contribution to the proposed; provision of safe walking and cycling routes (for children and others) where the scale, type and (b) where smaller developments comprising location of the development makes such jobs, shopping, leisure and services which provisionpossible and appropriate. would generate significant amounts of travel in locations where there are local initiatives and targets for the reduction in traffic, or the promotion of public transport, walking and cycling is proposed;

(c) where the Travel Plans will help address a particular local traffic problem associated with the application, which might otherwise be refused on transport grounds.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 94 STANDARDSSTANDARDS FOR NEW DEVELOPMENT FOR NEW DEVELOPMENT Chapter 8 : STANDARDS FOR NEW DEVELOPMENT

A New Approach to Quality & Services ...... 95

QUALITY IN DEVELOPMENT ...... 95

BETTER SERVICES AND FACILITIES ...... 95

A FRAMEWORK FOR PROVIDING QUALITY AND SERVICES ...... 95

Planning Obligations ...... 96

CONTROLLING THE QUALITY OF DEVELOPMENT 97

Design ...... 97

GOOD DESIGN ...... 97

SOUTH LAKELAND DESIGN CODE ...... 98

DESIGN GUIDES ...... 100

DESIGN IN THE COUNTRYSIDE ...... 101

Landscaping ...... 101

Avoiding Town Cramming ...... 101

IMPORTANT OPEN SPACE FOR AMENITY ...... 102

Open Space and Play Areas ...... 102

OPEN SPACE ...... 102

CHILDREN’S PLAY AREAS ...... 103

Sport and Recreation ...... 103

New Roads, Footpaths and Cycleways ...... 103

ROADS ...... 104

FOOTPATHS AND FOOTWAYS ...... 104

CYCLEWAYS ...... 104

Parking ...... 105

Access for Disabled People ...... 105

ACCESS TO BUILDINGS ...... 105

PUBLIC ACCESS ...... 105

Crime Prevention ...... 106

CRIME AND DESIGN ...... 106

SECURITY GRILLES ON TOWN CENTRE PREMISES ...... 106

Shop Fronts ...... 107

EXTERNAL CASHPOINT MACHINES ...... 107 Energy Conservation ...... 107

Trees Close to Buildings ...... 108

Percent for Art ...... 108

Advertisements and Signs ...... 108

CONTROL OVER ADVERTISEMENTS ...... 108

AREA OF SPECIAL CONTROL OF ADVERTISEMENTS ...... 109

ADVANCE DIRECTIONAL SIGNS ...... 109

Agricultural Buildings ...... 109

TEMPORARY PLANNING PERMISSION ...... 109

PROVIDING SERVICES AND FACILITIES FOR DEVELOPMENT 110

Health and Social Services ...... 110

Education ...... 110

PRIMARY SCHOOLS ...... 110

KIRKBIE KENDAL SCHOOL ...... 111

COMMUNITY USE OF SCHOOL FACILITIES ...... 111

Community Facilities ...... 111

LIBRARY SERVICE ...... 111

VILLAGE HALLS AND COMMUNITY CENTRES ...... 111

Water Services ...... 111

WATER SUPPLY, SEWERAGE, SEWAGE TREATMENT AND DISPOSAL . . .111

RIVERS AND COASTS ...... 112

DRAINAGE ...... 112

Electricity, Gas and Telecommunications ...... 112

OVERHEAD LINES ...... 113

ANTENNAE, RADIO MASTS AND RADIO EQUIPMENT ...... 113

PUBLIC TELEPHONES ...... 113

Waste Disposal ...... 114

Gypsy Sites ...... 114

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text.

Chapter 8 : STANDARDS FOR NEW DEVELOPMENT

high standards of amenity and open space. Whilst this will require more land, the need to create quality urban environments needs to be balanced against the loss of relatively small areas of countryside.

BETTER SERVICES AND FACILITIES

8.3 In the last two decades the public sector’s capacity to meet the service costs of developments has reduced dramatically. While infrastructure costs are now routinely funded by the developments they serve, the need for both on-site and off-site services and community facilities arising from the development are not always clearly stated or required. Examples range from local facilities such as open space and play areas, to wider needs including recreation areas, cycle tracks, village or community halls and the need for affordable housing. As local authority and public sector resources decline, the Local Plan has an important role identifying and requiring the routine provision of such services and facilities in conjunction with most large developments. If these A New Approach to Quality & requirements are clearly set out in advance the additional Services cost of providing facilities and improvements can be reflected in the value of the land. Where the District 8.1 The Introduction and Chapters 1 and 2 indicate the Council is expected to adopt local facilities such as open overall form and scale of development in South Lakeland space or play areas, a commuted payment will be up to 2006. The purpose of this chapter is to ensure that requested, in advance, to meet the cost of 10 years all forms of development are of a high quality and maintenance. This new approach to providing services adequately serviced (both in terms of physical and facilities has already been adopted with some infrastructure and to meet the community’s needs arising success in East Heron Hill, Kendal. from development) in order to protect and enhance the character and amenity of the district’s urban and rural A FRAMEWORK FOR PROVIDING QUALITY environment. AND SERVICES

QUALITY IN DEVELOPMENT 8.4 Before developers purchase land or submit planning applications for any kind of new development or 8.2 A sustainable approach to development in South alterations, they should have regard to the following set of Lakeland requires that the majority of development be requirements contained in this Local Plan. Preliminary located within or close to Kendal, Ulverston and the discussions are encouraged with the District Council's district’s small towns and villages. This reduces the need Development Control Group at the pre-application stage: to travel, conserves energy and helps limit the emission of greenhouse gases. The District Council, therefore, (1) Local Plan Policies and Proposals relating considers that greater priority should be given to to all types of development, as set out in this chapter. achieving a higher standard of development and quality of Appendices A and B indicate in greater detail the life, in South Lakeland’s towns and villages, since this is District Council’s requirements for proposed housing where most people will continue to live, work and find and industrial sites contained in this Local Plan. local recreation. To achieve this goal, the policies and Developers should note that this list is not exhaustive proposals below seek to move away from the intensive and should consult the Council's Development Control forms of ‘‘infilling’’ in towns of recent decades. Instead Officers for further information. they will set out to protect important open spaces and recreation areas, and develop new areas at a lower (2) the existing and proposed Planning Briefs density with generous provision for landscaping, open- which will be provided for all new development sites space and play areas and other local facilities. Even over 2.0 hectares, and selected smaller sites; affordable housing, built to higher densities, should have

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(3) the need to enter into Planning Obligations (or down throughout the Local Plan. These requirements alternatively, the imposition of Planning Conditions) to include, for example, affordable housing, infrastructure, provide particular services and facilities; open space and play areas. The need for such requirements will be related in scale and kind to the (4) the Design Guidelines and advice referred to in proposed development, but with greater emphasis on the Local Plan will be considered as ‘‘Supplementary larger sites. The Council will ensure that large sites are Planning Guidance’’ and treated as a ‘‘material not divided into a number of smaller sites and that their planning consideration’’ in assessing planning development does not take place in a piecemeal fashion proposals. without appropriate facilities. Appendices A and B give indications of the District Council's requirements for Planning Obligations allocated housing and industrial sites as a starting point for discussion with landowners/developers who should contact the Development Control Group for further 8.5 Successful planning for all forms of new information. development requires adequate provision of services, facilities and infrastructure, both to enable the site to be 8.10 Many of the requirements are set out in Local Plan physically developed and to meet the resulting needs of policies including the following: the local community. The District Council, in having regard to PPG12 and Section 54A of the Town and Country (1) affordable housing (Policy H8); Planning Act 1991, seeks to ensure that this Local Plan is realistic, reflects resources likely to be available, and (2) development infrastructure (including highway and provides a large measure of certainty for the public and public transport improvements, water and sewerage private sector, both as to the location and servicing of facilities, land drainage, gas, electricity, new development. telecommunications, parking) (Policies S7, S10, S26, S28); 8.6 The last two decades have seen a reduction in the public sector’s role in providing services and infrastructure (3) landscaping, open space, children’s play areas for development. Increasingly, the cost of services is and informal recreation areas (Policies S3, S5, S6); being borne as part of the total cost of the development. The District Council’s role has also changed to that of an (4) community facilities, including improvements to or ‘‘enabler’’ or ‘‘facilitator’’ rather than a direct provider of provision of village and community centres (see services. paragraph 8.78);

8.7 An increasingly common way of securing the (5) sport and recreation facilities including kick about provision of facilities associated with new development is areas, playing fields, or other facilities necessary to the use of ‘‘Planning Obligations’’, whereby a developer meet identified local shortfalls (Policy L4); enters into a legal agreement to provide specified facilities, as a prerequisite of planning permission. (6) features to facilitate access for disabled people (Policy S11); 8.8 Circular 1/97 advises that local planning authorities should make it clear in Local Plan policy ‘‘where planning (7) environmental improvements of natural or historic obligations are to be sought regularly in connection with areas or features (see Chapter 5); certain types of development’’. This requirement is reiterated in PPG12. Other PPGs refer to the potential for (8) footpaths and cycleways, or other highway planning obligations to secure various legitimate planning improvements such as traffic calming, which objectives including affordable housing (PPG3), contribute to the safety or amenity of cyclists or infrastructure provision (PPG12) and the provision of pedestrians (policies S8, S9); ‘‘public’’ open space and sporting, recreational, social and community facilities as part of a larger mixed (9) public art (Policy S19); development, including contributions to nearby or off-site facilities (PPG17). (10) provision or enhancement of nature conservation features or habitats including woodlands and 8.9 The District Council’s requirements for services countryside management projects (Policy C7, C8, C9); and facilities on various types of development are set

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(11) the reclamation of derelict land, including people. It also extends to reducing demand for energy restoration of the northern reaches of the Lancaster and limiting opportunities for crime. The District Council Canal (Policy L12 and C21). therefore seeks to raise the standard and quality of development in South Lakeland through the policies Large scale (re)development may also be expected to which follow. provide, where appropriate or necessary:

(12) childcare or creche facilities; Design

(13) employment and training opportunities; 8.12 The quality of design in new development is one of the main measures by which people judge the planning (14) education, health and library facilities. system. This is not surprising since the design of new development and alterations is one of the main influences These facilities shall be provided to a standard required on the character and quality of South Lakeland’s urban by the planning authority. Their provision will be required and rural environment. Almost all of the landscape in the by planning condition or planning obligation and will relate Plan area is judged to be of ‘‘County Landscape’’ to both on site and off site improvements. importance, or is within the Arnside-Silverdale Area of Outstanding Natural Beauty. Likewise the quality of the built environment is reflected in the 10 Conservation Areas, numerous listed buildings, and the strong PLANNING OBLIGATIONS AND vernacular tradition of many properties, characterised by PLANNING BRIEFS use of local stone and the use of Westmorland slate for roofing. Clearly the siting, design and layout of new In the case of new housing, commercial, development, and the choice of materials, must be in

Policy S1 industrial, and other developments, the District keeping with these highly valued surroundings. The Council will seek, by planning condition or District Council will, therefore, enforce Structure Plan planning obligation under Section 106 of the 1990 Policy 25. Act, to provide infrastructure requirements and new social, recreational and community facilities, ‘‘Policy 25 The Quality of Development where the need for these is fairly and reasonably related in scale and kind to the proposed The siting, appearance and landscaping of all new development. Provision may be made on site, or development and alterations should aim to enhance contributions made for the provision of facilities the quality of the existing environment. It should be in elsewhere; the contributions directly related in keeping with the local character of the townscape or scale to the benefit which the proposed landscape, be well integrated with the existing pattern development will derive from the facilities to be of surrounding land uses and where appropriate be in provided. keeping with the local vernacular tradition. Normally development should make proper provision for The District Council will provide Planning Briefs accessby disabled persons.’’ for all allocated sites over 2 hectares. GOOD DESIGN

8.13 Annex A to PPG1 provides guidance to local planning authorities and applicants on design CONTROLLING THE QUALITY considerations. The Royal Town Planning Institute and OF DEVELOPMENT Royal Institute of British Architects have published a joint submission on the role of design in the planning process, which the District Council fully endorses. All applicants 8.11 People are increasingly demanding higher are encouraged to employ a qualified architect and, standards in the design, construction and layout of new where appropriate, a landscape architect, to draw up their development - not just in terms of appearance, but also in plans. how they cater for practical needs. Many factors contribute to high standards of development; good design and landscaping, adequate provision of open space and recreation areas, and provision of access for disabled

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SOUTH LAKELAND DESIGN CODE will encourage good design within the repertoire of materials, features and colours, so as generally to 8.14 Good design is rarely about applying standard maintain and enhance the visual character of each area. solutions to specific situations: but rather is a complex The acceptability of effective and appropriate alternative and often subjective process, requiring talent, knowledge materials and the detailed handling of these elements and skill. However, a number of principles can be may vary from one area to another, and will form part of identified which the District Council will take into account the advice in forthcoming design guides for different parts in considering development proposals (Policy S2) and in of the district. In taking account of the need for energy formulating its own detailed design guides. Advice is also conservation, the District Council will encourage a flexible set out below on several important design issues. and imaginative approach to design and the application of Policy S2 to accommodate distinctive, modern energy Principles : saving house designs, and associated energy saving features (see Policy S17). 8.15 Design: The design process begins by taking account of the character of the surrounding countryside 8.17 Setting: In any location, an analysis of the and buildings. Key influences on character include history, prevailing character, style and setting will strongly geography, climate, topography and building materials, as influence the scale and layout of any future development. well as local culture. The interplay of these can give rise The massing and grouping of buildings, and their relation to a unified character as in Cartmel or Grange over to surrounding features, should generally respect existing Sands, or to considerable variety, as in Kendal. The patterns and take account of the site’s own characteristics design of new development therefore should take full and opportunities. At a more detailed level, it is important account of the character of the immediate and wider that new buildings should be well-proportioned and in setting, particularly where it is of high quality, as in scale with their surroundings and/or purpose, and should Conservation Areas, or the edge of settlements with open respect established building lines, paths and local countryside beyond. In important settings, new features. Long straight lines of buildings, regular development should fully respect the local context. uniformity and skyline development should be avoided, However, the District Council would usually prefer a first particularly in an undulating or hilly landscape setting. class original design to a poor copy of a past style (“pastiche”). In this situation it is very likely that the 8.18 Detail and Decoration: Opportunities can be services of an architect will be required and on the edge taken to add interest, ornamentation and expressions of of settlements, the skills of a landscape architect may local craftmanship, while avoiding a clutter of unrelated also be needed as noted in 8.13. features. The appropriateness of such detail may vary from area to area. Grange over Sands, for example, is 8.16 Character: South Lakeland exhibits a great characterised by ornate iron and woodwork and variety of development and topography which, over comparable detailing would be positively encouraged in several centuries, has resulted in each area having a new development. distinctive character. The predominant use of local stone or lime-based render provides a distinctive appearance 8.19 Materials and Craftsmanship: Quality in design and colour to many buildings. Similarly local blue/grey or depends in large measure on the use of appropriate green slate as a roofing material is readily distinguishable, materials and craftmanship. Good quality local materials in terms of colour, thickness and texture, from slate will generally be most appropriate and may be required in produced in other regions or abroad. Painted woodwork, Conservation Areas and on listed buildings. Elsewhere including windows and doors, also form an important and the District Council may accept appropriate alternatives. distinctive element of building character across the Certain materials or finishes, such as Pvc or aluminium District. Certain parts of the District are also characterised will not be acceptable in Conservation Areas. In these by features, such as ornate ironwork, stone boundary and areas in particular, the Local Planning Authority will also garden walls and natural paving materials. Continuity of pay close attention to the texture and colour of rendered existing texture and colour over several centuries is and other surfaces, and seek the use of painted another important feature of the character of many woodwork rather than stained finishes. settlements (resulting both from traditional and modern materials). Colours and finishes which are stark and prominent in an important prevailing townscape or landscape setting should be avoided. The District Council

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Other Design Issues : notification procedure, the Council will have regard to the advice set out in Annex E to PPG7,’The Countryside - 8.20 Several other important design issues within the Environmental Quality and Social Development'. South Lakeland Local Plan area are discussed below, together with District Council advice. 8.26 As much care should be taken with the design and layout of industrial estates and business parks, as with 8.21 Extensions: All extensions should be in scale residential or other forms of development. Landscaping and character with the building to which they are added. It can be especially important in industrial estates and may be possible to add a well-designed modern ample space should be allowed for it, particularly where it extension to an old or traditional building, so long as it will soften the visual impact of large, single industrial respects the character of the existing building and does units. Outdoor storage areas should be well screened by not diminish its quality and integrity. walls or close-boarded fences and planting. Chain-link security fences will be discouraged in the visible areas, 8.22 Windows and Doors: A number of different but if unavoidable for security reasons, should be window and door designs will be appropriate in South softened or screened by planting. Lakeland. The key issues are whether they are appropriate to the character of the building and 8.27 Where industrial or commercial buildings are surrounding area, and are well proportioned and suitably located adjacent to open countryside, and particularly positioned in the particular elevation. where they are likely to be very visible from nearby roads, then especially high standards of design will be required. 8.23 Rooflights: Rooflights and dormers of an Standard industrial sheds in bland materials and garish appropriate scale, proportion, number and style may be colours will rarely be acceptable in such locations, but acceptable. Their use will be resisted where they would there is plenty of scope for contemporary modern adversely affect the character of Conservation Areas or architecture of a high standard within an appropriate listed buildings. Flush fitting rooflights, as recently landscaping framework. developed, will be preferred in Conservation Areas.

8.24 Shop Fronts: The design of shopfronts has a major impact on the appearance of the District’s town and village centres. Many of the buildings into which they are inserted are listed, or make an important contribution to the character or appearance of a Conservation Area. Good shopfront design can generally enhance the pleasure of shopping and strengthen the District’s appeal to visitors, thus serving commercial as well as aesthetic interests. Shopfronts, modern or traditional can be appropriate to the building and be well-proportioned in themselves. The District Council has produced a ‘Shop Fronts and Signs’ guide which provides more detailed advice. (See Policy S14).

8.25 Large Agricultural, Industrial and Commercial Buildings in the Countryside: Large buildings such as barns, silos, workshops and those on industrial estates and employment parks on the edge of settlements can have a major impact on the appearance of the countryside. Buildings of this kind should be designed with special respect to their surroundings and to minimise their impact. Landscaping should also be carefully considered. Some aspects to take into account include massing; orientation within the site; impact on the skyline; roof pitch and profile; and the colour and texture of external surfaces. When considering the siting, scale and design of agricultural buildings and roads under the

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SOUTH LAKELAND DESIGN CODE >>>

All new development is expected to take account 5. Detail and Decoration: In the design of of the following South Lakeland Design Code. new buildings, opportunities may be taken to add

Policy S2 Planning permission will not be given for interesting details, ornamentation and development which fails to take proper account of expressions of local craftmanship, while avoiding that Code: excessive and inappropriate clutter. The nature and colour of external woodwork, cladding and

1. Character: The design of new buildings Policy S2 (cont.) rainwater goods, should harmonise or where should take account of existing distinctive local appropriate may contrast with the colour of the character. This should not exclude good walling materials. In areas around buildings, the contemporary architecture in keeping with its use of natural paving materials and traditional surroundings. A good original design will be boundary treatments will be encouraged. preferable to a poor copy of past style. 6. Building Materials: Materials used in new 2. Setting: The setting of any building should buildings should respect the local context and any be carefully considered, whether in the local vernacular tradition. Local or traditional countryside or in a built-up area. Attention should materials such as stone, slate, painted woodwork be paid to its impact on public views into, over or and renders should predominate in important out of the site. Those views should not be historic settings such as Conservation Areas or significantly harmed and opportunities should be listed buildings. These materials, or high quality taken to enhance them or open-up new views. In substitutes, will also be encouraged in other the countryside, or on the edge of settlements, urban or rural settings, particularly where an buildings should be located to sit comfortably in important or distinctive vernacular tradition forms the landscape and skyline development should be the local or wider context. avoided. 7. Craftmanship: Building materials, 3. Context: New buildings should relate particularly local stone, should be used in the effectively to others around them adding interest traditional manner, with careful attention to its and variety. New roofs should respect the bedding or ‘grain’, the width of courses, the colour roofscape of the area. and style of pointing; the laying of slates in diminishing courses, and the texture and 4. Proportion: New buildings should be well materials used in rendered finishes. proportioned and in scale with their surroundings. Extensions should be in scale and character with the building to which they are added. Where appropriate, elevations should be in proportion with one another and with surrounding buildings. DESIGN GUIDES The size, spacing and location of openings should also be in proportion and related to the 8.28 To provide designers and their clients with more function of the building, and harmonious with its detailed design advice, the District Council will produce architectural style. Shopfronts should Design Guides for particular types of development and acknowledge the character and architectural style areas of the district, where required. A "Shop Fronts and of upper floors; they should distinguish between Signs Design Guide" was produced in 1987. A Design separate buildings, be of materials and colours Guide has been produced for Grange-over-Sands and appropriate to the building, and be well adopted as Supplementary Planning Guidance following proportioned in themselves. consultation. Where appropriate, further Design Guides and Planning Briefs will be prepared by the District cont >>> Council for other towns and areas. These will also be formally adopted as Supplementary Planning Guidance, provided they have been subject to local consultation in

page 100 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 8 : STANDARDS FOR NEW DEVELOPMENT accordance with the advice on PPG12. Existing Design Guides are included as Supplementary Planning LANDSCAPING Guidance to the Local Plan. On the Local Plan's adoption, the Design Guides and Planning Briefs will be treated as A high standard of landscaping will be required of a material planning consideration in assessing all new development, both for the initial scheme development proposals.

Policy S3 and it’s long-term maintenance. Where possible, existing landscape features shall be integrated DESIGN IN THE COUNTRYSIDE into landscape schemes. Where the District Council intends to adopt an area of landscaping, 8.29 The Countryside Commission encourages local principally of benefit to the development itself, a planning authorities to develop local plan policies and commuted payment will be required to meet the supplementary planning guidance to ensure good design cost of 10 years maintenance. The requirements in the countryside (‘‘Design in the Countryside’’, CCP of this policy will be implemented as a condition 418). Good design in the countryside should seek to of planning consent, or by planning obligation, as achieve harmony in the building itself, in the overall form appropriate. and spaces of the settlement, and in the wider landscape setting by reinforcing regional diversity, maintaining local distinctiveness and respecting traditional materials and design detail. Avoiding Town Cramming 8.30 To provide designers and their clients with more detailed guidance on design in the countryside, South 8.32 PPG12 indicates that local authorities should Lakeland District Council intends to promote two seek to ensure that ‘‘development makes full and techniques, advised by the Countryside Commission. The effective use of land within existing urban areas, District Council will prepare a Countryside Design without amounting to town-cramming’’. PPG3 also Summary, covering all of the district’s rural areas notes that relevant considerations in new housing outside the main towns (for which separate design guides design include ‘‘overall scale and density’’. An are intended). The Design Summary will provide more important objective of this Local Plan is, therefore, to detailed design principles and guidance, and will be achieve a significant improvement in environmental adopted as Supplementary Planning Guidance, following quality and amenity for those who live in towns and adequate public consultation. Secondly, the District villages, by safeguarding important open-spaces from Council will encourage local communities to prepare their intensive development. own local Village Design Statements (see para 5.71, Chapter 5, which refers to the Cartmel Village Design 8.33 The District Council will seek to secure provision Statement). of residential development on appropriate sites at an average density of 30 units per hectare, based on total Landscaping site areas. This includes sites allocated in this Local Plan and ''windfall'' sites which obtain planning 8.31 The landscaping around buildings can contribute permission. This density is intended to ensure greater much to the character of an area, providing screening, provision of features for improving residential amenity shelter or an attractive setting. Landscaping, both hard and quality, such as landscaping, open space, and soft, can help integrate a new development into a gardens, informal recreation areas, cycleways and sensitive environmental setting. It will usually be walkways. appropriate for landscaping to retain and augment existing landscape features, whether natural or man- made (such as woods and hedges). In new landscaping, native species should be used wherever possible in order to benefit nature conservation interests. Landscaping should be carried out as early as possible to maximise its impact.

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IMPORTANT OPEN SPACE FOR AMENITY Open Space and Play Areas

8.34 PPG3 and PPG17 advise on the need to retain 8.35 PPG3 advises that proposals for significant areas and protect existing valuable amenity open spaces in of new housing will usually merit the provision of towns and villages. Parks, playing fields, informal landscaping, open-space and children’s play-areas, which open spaces and allotments, can all be of great are reasonable in scale and location to the proposed importance to the character of a neighbourhood. development scheme. The policies and standards set out Private gardens may also form important open space below will be required of all new schemes over 0.5 within a settlement, either individually, or collectively; hectares, including piecemeal schemes which in total for example the New Barns area of Arnside. The exceed 0.5 hectares. However, higher or different Proposals Plan and Inset Maps identify open spaces standards may be required for specific large sites as set important for amenity in the district's settlements out in the Planning Brief Framework in Appendix A and in which will be protected. Exceptions to this policy will Planning Briefs. Where it is intended that the District only be considered where the proposal is for the Council adopt, for maintenance purposes, areas of extension, redevelopment or refurbishment of an landscaping, open space or children's play areas, the educational establishment or is for the community or District Council will require a commuted payment, in recreational facilities, for example a shed or a advance, to meet the cost of 10 years maintenance, greenhouse on an allotment. Other sites not identified including the cost of applying the ‘‘Dog Free Zone’’ bye- may also be judged to be important open spaces for law. amenity. The District Council in its assessment of sites will base such a judgement on whether the site OPEN SPACE provides a positive contribution to the character of the 8.36 The creation of open space is important to break locality and also that the loss of such a site would up the continuity of built-up areas and provide amenity result in a loss of amenity. Sites which are important and informal recreation opportunities. New open spaces for recreation but which do not contribute to the may include open drumlin hill-tops, existing or proposed amenity or character of a settlement are protected by woodland belts, riverside areas, wildlife habitat areas, Policies L1 and L2 in Chapter 6. existing or proposed allotment and informal recreation areas including kick-about areas. Opportunities should be taken to incorporate existing natural features into areas of open spaces (trees, woods, slopes etc.). Developers will IMPORTANT OPEN SPACE FOR AMENITY be expected to meet the cost of providing and, where necessary, enhancing areas of open space e.g. through Development proposals will not be permitted on landscaping. In such areas, native species should be important open space in the district’s towns and used wherever possible in order to benefit nature

Policy S4 villages. Exceptions to this policy will only be conservation interests. The District Council will consider considered where the proposal is for the adopting and managing such areas, providing that extension, redevelopment or refurbishment of adequate commuted payment is made at the outset. educational, community or recreational facilities. These requirements will be secured by planning condition and planning obligation, as appropriate. Key important open spaces are identified in the Proposals Plan, but other unspecified sites such 8.37 The District Council will also seek to achieve the as private gardens, allotments, village greens National Playing Fields Associations standards for etc., may also be judged to form important open outdoor playing space. It will therefore, be guided by the space and will be considered on their merits as following targets in requiring provision of open space development proposals arise. (figures relate to gross site areas, should take account of existing landscape features, and are intended to include space for amenity, informal recreation, and the children's play space requirement set out in Policy S6). These will be interpreted with some flexibility to reflect the context and meet the needs of individual sites.

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(1) 15% open space on sites between 0.5 and 2.0 opportunities for informal play available in nearby areas of hectares; open space in applying the Policy S6.

(2) a minimum of 20% open space on sites over 2.0 8.40 Play space sites should be clearly identified in site hectares will be indicated in forthcoming Planning development plans and steps taken to clarify their layout Briefs. and content at the earliest opportunity.

OPEN SPACE CHILDREN’S PLAY SPACE

New residential proposals over 0.5 hectares will New housing sites will be required to include be expected to provide a standard of open space children’s play space in accordance with the

Policy S5 provision in accordance with the guidelines set Policy S6 standards set out below, and the design out in this Plan or approved Planning Briefs. The requirements set down by the District Council. costs of provision and enhancement will be met by the developer and a commuted payment will (a) toddlers: minimum provision of 3 square be required to meet the cost of 10 year metres of formal, fenced children’s play space for maintenance, where the provision is principally of each child bed space in family housing schemes benefit to the development itself. The over 0.5 hectares, or 10 dwellings; and requirements of this policy will be implemented ass a condition of planning consent , or by (b) juniors (5-11): larger fenced areas with planning obligation, as appropriate. appropriate play equipment, located at around 400 metre intervals in housing schemes over 50 units; and

CHILDREN’S PLAY AREAS (c) older children: a kickabout space of about half an acre should be incorporated into housing 8.38 Play space for children is vital for their health and schemes over 100 units. social development. A basic standard is advised by the National Playing Fields Association of 2 acres (0.8 These requirements are additional to each other, hectares) for every 1,000 people. The District Council will rather than exclusive. continue to seek to achieve a minimum provision of 3 square metres of formal children’s play space for each child bed space in family housing schemes over 0.5 hectares, or 10 dwellings. This will be calculated for the Sport and Recreation second, third (etc.) bedrooms in each dwelling, assuming 1 child bed space in each additional room. Some 8.41 It may be appropriate for larger residential areas to relaxation of these standards may be appropriate in incorporate more formal sports and recreation provision smaller residential schemes, where the amount of private where a need is identified on a village or town-wide basis. garden-space is generous. These will be identified within full Planning Briefs, or indicated in Appendices A and B. 8.39 Children’s play facilities are best provided for different age-groups in appropriate locations. For toddlers New Roads, Footpaths and under 5, small, safe areas with safety surfaces should be provided, where they are overlooked from within Cycleways dwellings, are sheltered and located away from roads. For juniors (5-11 years old) larger areas are needed with play 8.42 The County Council, as Highway Authority, has equipment, located at around 400 metre intervals. These specific responsibility for approving the design of roads, should be provided on sites of 50 or more houses. Play cycleways and footpaths for their adoption. All must be spaces should be sited safely away from busy roads but designed and constructed to the standards and advice of readily accessible on foot or by cycle. For older children, the Highway Authority, including the "Cumbria Design a kick-about space of around half an acre should be Guide: Layout of New Residential Developments", incorporated into any larger areas of around 100 or more adopted by the District Council as Supplementary houses. The District Council will take account of Planning Guidance.

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ROADS FOOTPATH PROVISION AND DESIGN 8.43 The standards and advice allow for a variety of different design approaches to new roads, particularly to All footpaths shall be designed and constructed to serve small groups of houses. The visual appearance of highway authority standards, and seek to areas can be greatly enhanced through less rigid highway

Policy S8 enhance the amenity, safety and environmental solutions, together with the careful use of landscaping, quality of areas through which they pass. choice of surface treatments and lighting. Safety and Footpaths will be expected to provide access convenience for all road-users (on foot, cycles or in through all new residential and other vehicles) should be given priority in applying design developments, with appropriate links to existing standards. Emphasis should also be given to traffic and proposed areas of development. calming features which reduce speeds. Where appropriate, spine roads should also incorporate provision for bus services including bus stops and shelters. In larger sites, any need for a lay-by will be identified in a Planning Brief. CYCLEWAYS

8.45 The desirability of developing cycling networks within and between the district’s towns, both for ROAD PROVISION AND DESIGN recreational and transportation purposes, is considered in Chapter 7. New developments create the opportunity to All roads shall be designed and constructed to provide important links in the cycleway network. Part of a conform to Highway Authority standards of safety proposed network for Kendal is illustrated in the Proposals Plan. The cost of providing such links to and

Policy S7 and convenience. Where possible, a flexible approach to design, landscaping, materials and through new housing areas will be met from the cost of lighting should be adopted, to enhance an area’s the development. Cycleways should be provided to a environmental quality. standard adoptable by the highway authority, and include appropriate bound surfaces, lighting and signing. To In residential developments, traffic calming minimise cost, lighting schemes should take full account measures shall be provided by the developer to of any existing lighting. The need for cycleways will also ensure the safety and amenity of residents. The be considered in detail in future Planning Briefs. need to cater for cyclists should be considered in the design of new roads, and the redesign of existing roads and junctions. Where appropriate, spine roads shall incorporate provision for bus CYCLEWAYS services. Consideration should also be given to providing dedicated cycling space. Where appropriate new developments shall include the provision of cycleways to a standard

Policy S9 required by the County Highway Authority. All opportunities should be taken, to provide FOOTPATHS AND FOOTWAYS cycleways through new developments, establishing links with existing areas, and 8.44 In small housing groups, separate footpaths may contributing, where possible to the development not always be needed and a joint-use access road may cycling networks. The cost of cycleways will be be adequate, provided vehicles are forced to travel slowly. met by the developers and secured by planning Elsewhere footpaths will tend to follow roads, though condition or planning obligation, as appropriate. separate landscaped footpaths, away from the road network should be provided in larger estates. These would link cul-de-sacs and provide safe and more convenient routes to shops, schools or play areas. Adequate lighting should be provided for any footpaths, with care in the location of planted areas to ensure that the safety of users is taken into account.

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Parking the Building Regulations 1991. Policy S11 below relates to other buildings to which the public do not have general 8.46 When considering proposals for new development, access, and building alterations, which do not come within the District Council requires parking space to be provided the scope of the Regulations. according to Cumbria County Council’s adopted 8.49 In new buildings the ‘‘access for all’’ principle guidelines, as set out in Supplementary Planning should be embodied in the design from the outset, Guidance ‘‘Parking Guidelines in Cumbria’’ - (May 1997). including access to the building, within it and between all This lists advisory parking standards for a range of levels. Those with disabilities should be able to visit and developments, including residential, commercial, enjoy all the facilities a building has to offer, with special recreational and institutional uses. In certain provision made for their needs in respect of wider circumstances, such as development in town and village doorways for wheelchairs, purpose designed toilets, lifts, centre locations, these standards may be reduced to door furniture, electric switches, public telephones, essential operational requirements only, where additional handrails and ramps. In existing buildings to which the traffic would increase congestion and environmental public have access, alterations will normally be expected damage. Likewise, alternative solutions such as to incorporate adequate access for disabled people. The underground car-parks, or residents parking areas, may standard expected is that referred to in Part M of the be encouraged to overcome particular problems. The Building Regulations 1991. It is recognised that particular availability of car parking has a major influence on the problems may arise with some historic buildings, but choice of means of transport and the District Council will adequate access for those with disabilities should be have regard to the Government's advice in PPG13 in the provided, as far as is consistent with retaining the application of Policy S10. buildings features and character. Developers are encouraged to seek advice from the District Council on any matters related to providing access for disabled people, preferably before the submission of final plans. PARKING PROVISION IN NEW Developers should also refer to the Design Guide DEVELOPMENT produced by the Cumbria Building Control Officers Association. The District Council will also Off-street parking will be required for new encourage the provision of disabled access by development. The District Council will calculate use of it’s own grant scheme.

Policy S10 the requirement based on Cumbria County Council’s published guidelines. However, the PUBLIC ACCESS guidelines will be applied flexibly and will be 8.50 Disabled peoples needs must also be taken into relaxed in circumstances such as town centres account in the design of public areas, including car parks, and other locations which have good access to traffic management schemes, pedestrian areas, footpaths other means of travel than the private car. and cycleways. Designs should be easy to understand, free from unnecessary clutter, and incorporate distinctive visual banding on unexpected obstacles. Such areas Access for Disabled People should be well-maintained to prevent hazards. 5% of spaces on car parks should be provided and designed for disabled drivers. The design of car park spaces for 8.47 It is essential that the needs of people with disabled people is provided in Cumbria County Council’s disabilities are acknowledged and provided for in the Supplementary Planning Guidance ‘Parking Guidelines in layout and design of any new development. Those with Cumbria’’ (May 1997). disabilities deserve careful consideration in the layout and design of development, including wheelchair users, those who are able to walk but with difficulty, those who are wholly or partially deaf or blind, and others for whom PROVISION FOR DISABLED PEOPLE movement to and within buildings is not easy. In proposals for new development, or alterations ACCESS TO BUILDINGS to existing buildings, to which the general public have access, the District Council will seek to Policy S11 8.48 Places of work, and buildings to which the general negotiate appropriate provision for people with public has access (shops, recreation and community disabilities, particularly where Part M of the facilities), should always have provision for those who Building Regulations does not apply. have disabilities. All such new buildings must comply with

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Crime Prevention SECURITY GRILLES ON TOWN CENTRE PREMISES CRIME AND DESIGN 8.53 The national trend towards providing security 8.51 The design, layout and location of new grilles on town centre shops and premises during closed development can make a positive contribution to reducing hours can have a significant effect on the character of crime. Circular 5/94 provides detailed advice to planning town centres, particularly where the property is a listed authorities and indicates that crime prevention may be a building or within a Conservation Area. Planning material consideration, when planning applications are permission is required for external shutters or grilles, the considered. Applicants are advised to consult the Cumbria installation of close circuit television cameras externally, Constabulary’s Architectural Liaison Officer at an early and lighting. Listed building consent will normally be stage on relevant schemes where good design may help required for the installation of any internal or external deter criminal activity. Schemes considered suitable by security feature. the Cumbria Constabulary can bear the approved title, ‘‘Secured by Design’’. 8.54 With the advice of the Crime Prevention Officer and Development Control Group of the District Council, a 8.52 Design, layout and location can help deter crime in range of options should be considered in preference to a number of ways, including: external fittings. These include the use of toughened glass, alarm strips, additional glazing bars or open-mesh (1) by not siting incompatible uses close to one internal lattice grilles. Special attention should be paid another; when listed buildings or traditional shop fronts are affected. Detailed advice is contained in the attached (2) creating interesting and varied environments that Appendix F, ‘‘Security Measures to Retail and Commercial are well used; Premises in South Lakeland’’.

(3) ensuring roads and parks are overlooked by surrounding properties; SECURITY MEASURES IN TOWN (4) designing housing layouts, to encourage CENTRES ‘‘ownership’’ by residents of the areas close by; Approval for external security measures will not (5) provision of sporting, recreational and leisure be granted, except where:

opportunities; Policy S13 (a) all other measures have been considered (6) designing, landscaping and lighting roads, and can be shown to provide an inadequate footways and cycleways to avoid isolated or hidden level of security; stretches. (b) their design forms an integral part of the shop front and does not detract from its architectural features; CRIME AND DESIGN (c) the shop interior is visible when they are The opportunity to limit or deter crime shall be closed; taken into account in the location, layout, landscaping, lighting and detailed design of all (d) they are painted or finished to match the Policy S12 new development. shop front.

Applications shall also comply with the detailed design advice in Appendix F.

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Shop Fronts EXTERNAL BLINDS 8.55 Traditional shop fronts contribute substantially to the character of the street scene and good repair and Proposals to affix external blinds or awnings will maintenance of them is preferable to replacement. Where not be permitted unless they form a discreet, a new shop front is proposed, a large expanse of plate integral part of the premises and do not detract glass will usually be out of character and inappropriate in Policy S15 from the character and appearance of the building South Lakeland’s towns and villages. The best results are and the surrounding street scene. often achieved through the use of simple designs with a vertical emphasis constructed in wood and painted. When a proposal encompasses more than one unit it is important that the design respects and retains the rhythm of shop fronts in the street scene. Companies will be EXTERNAL CASHPOINT MACHINES required to use discretion when submitting proposals for 8.58 Through-the-wall cashpoint machines provide a development intending to display a corporate image with convenient service to the public but are often difficult to standard fascias, materials, colours and design. accommodate satisfactorily within a traditional building 8.56 The use of local natural materials for walls, stall- facade. Cashpoint machines can also create problems of risers, fascia and window surrounds is important to highway and pedestrian safety when located close to maintain traditional character. Proposals to use mosaic, narrow pavements, busy roads and junctions. The perspex, aluminium, stainless steel or coloured glass will introduction of lobby services sometimes resolves these rarely be sympathetic to local character. Particular problems. consideration should be given to the needs of disabled people when for example redesigning entrances and exits. Detailed advice is available in the District Council’s EXTERNAL CASHPOINT MACHINES ‘‘Shop Fronts and Signs’’ Design Guide. The District Council also intends to survey all the District’s shop fronts External cashpoint machines requiring planning to identify those which are most important and should be permission, will be favourably considered, protected from removal or inappropriate alteration. provided they are compatible with the character of

Policy S16 the building, and are not likely to lead to traffic congestion or an increase in risk to pedestrians or SHOP FRONTS highway safety.

Well designed and appropriate shop fronts whether original or reproduction should be Energy Conservation retained wherever practicable and restored as Policy S14 necessary. New shop fronts should relate in 8.59 PPG12 requires local authorities to have regard to scale, proportions, materials and decorative the use of energy conservation in development plans. At treatment to the facade of the building and, where a district-wide level, energy conservation and appropriate, to adjacent buildings and/or shop sustainability is a major factor in the strategy to fronts. All proposals shall comply with the District concentrate most development in the district’s towns and Council’s ‘‘Shop Fronts and Signs’’ Design Guide villages, to reduce the need to travel, encourage transport which forms Supplementary Planning Guidance. by means other than the private car, and to secure economies of scale and services.

8.60 At a detailed level, the layout, design and 8.57 In the past, shop fronts were designed in a way orientation of new development can contribute which ensured that a window blind formed part of the significantly to energy saving. Developments which face overall design and appeared unobtrusive when retracted. south or are sheltered by land form or landscaping offer Blinds which are not integrated into the design of the some energy saving potential. Detailed design of shopfront are unlikely to relate to the character of the windows, doors, levels of insulation and energy recycling building. PVC and fabric canopies over windows and features can all assist in conserving energy. doors rarely complement the appearance of a building and will be discouraged.

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of the development budget should be allocated to ‘‘Percent for Art’’. While public art is particularly ENERGY CONSERVATION appropriate for major town centre shopping and commercial schemes, there is also a place for smaller, Development proposals shall take account of appropriate works of art on much smaller local schemes, opportunities to reduce energy needs in their which can provide opportunities for local imagination, siting, layout, landscaping and detailed design.

Policy S17 enjoyment and craftsmanship.

Trees Close to Buildings PERCENT FOR ART 8.61 While trees greatly enhance many urban and rural settings of South Lakeland, their close proximity to All development proposals should, where buildings cause problems. Tree roots spread at least as possible, incorporate new works of art. The far as the canopy above and are close to the ground District Council will actively encourage surface. New development can easily damage existing Policy S19 collaboration between artists, craftspeople, trees, through changes in ground level, soil compaction, developers, architects, landscape architects, and root severance during construction of buildings or engineers and other design professionals in new services. Trees may also affect buildings if they become development schemes, major re-development and unstable or where roots block service ducts. Appendix G refurbishment projects. provides detailed advice on avoiding damage to trees or buildings. Trees covered by Tree Preservation Orders or in Conservation Areas require consent before any work can be undertaken to them. Detailed advice is available Advertisements and Signs from the District’s Arboriculturalist. CONTROL OVER ADVERTISEMENTS

8.63 The siting, size, construction and illumination of TREES CLOSE TO BUILDINGS advertisements and signs have a significant effect on the quality of the built environment and landscape of the Plan The need to balance the relationship between area. In sensitive locations, such as Conservation Areas trees and buildings will be considered in the and open countryside, the District Council operates location, layout, landscaping and detailed design particularly strict control over advertisements, especially Policy S18 of all new development. Developments will be those which are prominent, brightly coloured or expected to comply with the guidelines set down illuminated. Such controls will continue to be applied in in Appendix G, and the advice of the District the Plan area. Council’s Arboricultural Officer.

CONTROL OVER ADVERTISEMENTS Percent for Art New advertisements and signs which require 8.62 The Arts Council, in association with the Royal approval will be strictly controlled in order to Town Planning Institute and the Royal Institute of British ensure compatibility with their surroundings and

Architects, is promoting a ‘‘Percent for Art’’ scheme, to Policy S20 to minimise clutter in the landscape and encourage a proportion of development costs to be set settlements. The District Council will operate aside for commissioning new works by artists and particularly strict control in Conservation Areas, craftspeople. Examples include stained glass, tapestries the open countryside and in respect of internally and textiles, photographs, sculpture, metal work, murals, illuminated signs. tiling and paving design. Such work becomes part of the building or area and contributes to improving the built environment. It is recommended that at least one per cent

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AREA OF SPECIAL CONTROL OF Agricultural Buildings ADVERTISEMENTS 8.66 Agricultural practices are constantly changing to 8.64 Most of the Local Plan area is included within an meet new directives, health standards and increased Area of Special Control of Advertisements (ASCA). In this profit margins. These changes leadto demands for new area additional weight is given to amenity considerations agricultural buildings often of a non-traditional size and in judging proposed new advertisements and signs, and design, many of which do not require planning the size of signs which can be displayed with deemed permission. In considering proposals for new building consent is subject to greater restrictions. At present only PPG 7 makes it clear the Planning Authority will have full the central areas of Grange over Sands, Kendal, regard to the need of agricultural businesses. However, farmers are required to give twenty-eight days notice to Milnthorpe and Ulverston are not within the ASCA. the District Council of their intention to erect a new agricultural building or for the siting and means of construction of any private road or track to be formed, that would normally not require planning approval. The AREAS OF SPECIAL CONTROL OF District Council may then request changes to the design, ADVERTISEMENTS siting and external appearance of the proposed building. The Council has recently published an advice note Within the Area of Special Control of clarifying the ‘‘Notice of Intention’’ procedure and offering Advertisements, applications for new basic guidance on matters of design and siting for new Policy S21 advertisements will be judged in relation to the farm buildings in order to lessen their impact on the criteria set out in Appendix H. landscape.

ADVANCE DIRECTIONAL SIGNS AGRICULTURAL BUILDINGS

8.65 Unauthorised Advance Directional Signs are New agricultural buildings requiring planning commonplace along the district’s road and verges, permission will only be acceptable where the particularly during the tourist seasons. They will usually proposal has no significant adverse impact on:

highlight (and advertise) the presence of visitor Policy S23 accommodation or tourist attractions. Directional signs (a) the visual amenity of the local area, in terms often spoil the appearance of the area, particularly where of siting, profile, roof-pitch, and colour; there is more than one and where they are poorly located taking into account the need for additional or badly designed. The District Council will, therefore, landscaping; seek to resist advance directional signs, except where (b) the amenity of any nearby residential these generate sufficient numbers of visitors to warrant an properties; authorised ‘‘brown’’ tourist sign or other prescribed highway sign, erected by the County Highway Authority. (c) local nature conservation interests. An exception will also be made for signs to the more remote farmhouse bed and breakfasts and small scale In considering proposals, the District Council will rural attractions provided signs are designed to an also have full regard to the operational needs of appropriate style and standard. agricultural businesses.

ADVANCE DIRECTIONAL SIGNS TEMPORARY PLANNING PERMISSION

8.67 The design of small structures such as sheds or The District Council will not permit Advance accommodation to meet short-term needs during periods Directional Signs, except in situations where a of construction can present particular difficulties in scale temporary sign is required until a standard and detail. These can be overcome through simplicity of Policy S22 highway sign is obtained from the County form, detail, choice of material and discrete siting. The Highway Authority, or where signing is necessary District Council does not encourage temporary buildings, to locate more remote attractions and farmhouse unless there is a specific and identifiable need. The period bed and breakfasts. for which any permission is given will relate closely to the specific needs of each case, and be kept to a minimum.

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8.70 The closure of mental illness hospitals in adjacent districts and the ‘‘care in the community’’ programme is TEMPORARY BUILDINGS resulting in the re-settlement of some mentally impaired people in the District. Although these people will still The District Council will only permit temporary require support and retraining their integration back into buildings where a clear and identifiable need is the community will be assisted by mixing their group demonstrated. The duration of the consent will be

Policy S24 homes and houses within new residential schemes. Again kept to a minimum, and will relate to the period the Local Planning Authority will co-operate with the during which the need remains. Health Authorities, Social Service Departments and private developers to encourage appropriate re-settlement opportunities within new residential developments. The District Council will work closely with the Health PROVIDING SERVICES AND Authority, the County Council and private FACILITIES FOR developers to provide opportunities for new DEVELOPMENT health and care facilities where a special need is identified. 8.68 This section covers the provision of various public and other utility services throughout the Local Plan area. Education While the District Council’s direct control over service provision is limited, PPG12 reminds local authorities that PRIMARY SCHOOLS it is ‘‘an important purpose of the planning system to co- ordinate new development with the infrastructure it 8.71 Cumbria County Council has completed a review demands’’. The South Lakeland Local Plan indicates the aimed at reducing the number of surplus spaces in scale and location of development in the district to the primary schools. This has increased the pressure on the year 2006 and will enable those responsible for County Council to consider the amalgamation of some infrastructure provision to plan and programme schools, particularly in rural areas. Although the Council accordingly. The strategy of the Local Plan is, therefore, view this as a means of reducing costs and improving to seek to ensure that existing services and facilities are teaching facilities, the closure of rural schools can have a maintained at their present level while encouraging significant effect on nearby settlements, by removing an improvements as and when this is possible. important community focus. It may also result in children having to travel long distances to school. The District Health and Social Services Council will, therefore, seek to prevent the closure of rural schools where children would be forced to travel further 8.69 South Cumbria District Health Authority than an additional three miles to the replacement school, administers health services in the Plan area, other than or where it is considered that closure would have an general practitioner, dentist, optician and pharmacist adverse effect on the quality of life and the future of services which are the responsibility of the Cumbria communities. Family Practitioner Committee. Social Services are administered by Cumbria County Council. Hospital 8.72 In urban areas, the County Council has sought to services are provided at the Westmorland General cope with growing demand by expanding existing schools Hospital in Kendal, opened in 1992, and the Furness in situ rather than buildin new ones and encouraging the General Hospital in Barrow-in-Furness. It is important that take-up of surplus places in other schools elsewhere in changes in health and social services provision do not the vicinity. Existing residential proposals and new sites lead to a reduction in convenience or responsiveness to allocated within this Local Plan may generate the need for the needs of the community. Continued co-ordination new primary schools in parts of the district and the Local between the Health Authority, the County Council and the Planning Authority will encourage the County Council to Local Planning Authority will, therefore, be necessary to plan for these needs. If the need for a new primary school ensure that suitable sites and premises are available for can be demonstrated in the context of the additional the development of new facilities such as Health Centres residential development proposed in south and east and branch surgeries. It may be appropriate to reserve Kendal, the District Council will seek to safeguard an land within development briefs for large residential sites appropriate site during the preparation of planning briefs where a local need has been identified for such facilities.

page 110 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 8 : STANDARDS FOR NEW DEVELOPMENT for those developments. The District Council will well as providing additional income for the school. oppose the closure of primary schools where Therefore, the District Council will encourage such closure would result in the children School Management Bodies to promote affected having to travel more than an additional community use of school facilities. three miles from their school to attend another, or where, in the opinion of the District Council, Community Facilities closure would have detrimental effect on nearby communities. LIBRARY SERVICE

KIRKBIE KENDAL SCHOOL 8.75 The library service is operated by Cumbria County Council. The area’s main library is in Kendal, and there 8.73 The Trustees of Kirkbie Kendal School in Kendal are branch libraries at Ulverston, Grange over Sands, have embarked on the amalgamation of their split Arnside, Milnthorpe and Kirkby Lonsdale. The County premises on the upper school site on Burton Road. The Council hopes to establish a branch library at East Heron District Council prepared an approved Interim Hill, Kendal whilst a mobile library visits many rural Development Brief in 1989 to guide the redevelopment of settlements. The District Council considers the branch the Kirkbie Kendal Lower School site, following local and mobile libraries to be an important community service consultation. In view of the need to protect the setting of and wishes to see these retained. The District Council Kendal Castle and Castle Hill, and the two remaining therefore, will continue to urge the County playing fields, no further land-use changes are proposed Council to maintain and extend the existing to the Development Brief. The brief has been revised to library service. remove reference to the Canal Bed Relief Road and the proposed coach and lorry park. Providing the site is VILLAGE HALLS AND COMMUNITY CENTRES developed as a low density residential cul-de-sac, Canal Head North, together with Little Aynam, will provide the 8.76 The Plan area contains a large number of villages main access points. The converted school buildings will and community halls, some with facilities for indoor be accessed via Thorny Hills, but there should be no sports. Not all existing halls are of adequate standards through link to Little Aynam or Canal Head North. Castle and some require improvements. The District Council Garth should not provide vehicular access to the does not provide such facilities itself but, together with the development site or the ski-club. County Council and the Rural Development Commission offers grants to cover a proportion of the costs of provision or improvements. Halls have been constructed on the Heron Hill and Hallgarth estates in Kendal, KIRKBIE KENDAL LOWER SCHOOL Croftlands in Ulverston, and Endmoor.

The redevelopment and reuse of buildings and land within the Kirkbie Kendal Lower School site Water Services shall conform to the revised Development Brief

Policy S25 for the future use of the site. WATER SUPPLY, SEWERAGE, SEWAGE TREATMENT AND DISPOSAL

8.77 Public water supplies in the Plan area are generally considered to be adequate although some COMMUNITY USE OF SCHOOL FACILITIES localised problems exist. Standards of sewerage and sewage treatment and disposal vary over the Plan area. A 8.74 Many schools contain facilities which could be programme of upgrading facilities is planned by North used by the public in the evenings or during school West Water and will be geared to improving standards holidays. Such facilities include sports fields, playgrounds, and creating new capacity where development is to take classrooms and halls. The scope for wider community use place. The District Council wish to see services of the school’s facilities usually now rests with the School maintained and improved where necessary, although any Head and the Governing Body rather than the County works undertaken should take account of the likely Education Authority. Where allowed, it can help to impacts on their surroundings. strengthen links between schools and the community as

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 111 Chapter 8 : STANDARDS FOR NEW DEVELOPMENT

8.78 In parts of the District where sewerage systems RIVERS AND COASTS and sewage treatment works are overloaded the Local Planning Authority will insist that improvements are in 8.80 Concern has grown in recent years, locally and place before new development is approved. This will nationally, at the deposit of untreated sewerage around prevent the risk of pollution to water courses etc. The Britain’s coastline. This is also a problem in the Duddon Council will seek to secure a planning obligation only in Estuary and Morecambe Bay which will be highlighted in exceptional circumstances, as the 1989 Water Act and the the course of preparation of Estuary Management Plans. 1991 Water Industry Act provide for funding for water North West Water’s long term plans to improve or create supply, sewerage or sewage supply. Where North West new sewerage treatment plants at Barrow, Ulverston and Water have programmed improvements to sewage Arnside will help resolve this problem. However, the treatment plants, development may be approved subject District Council will continue to urge North West to a condition precluding its occupation until the Water and the Environment Agency to resolve necessary improvements have taken place. river and coastal pollution problems and improve water quality along the District’s 8.79 The use of septic tanks will only be permitted coastline and rivers. where connection to the main sewerage system is not feasible at reasonable cost and where there will be no DRAINAGE harmful impact on amenity. The District Council therefore, will strongly urge North West Water, 8.81 Within the Plan area, the Environment Agency is in consultation with the Environment Agency, to responsible for undertaking drainage schemes associated maintain and, where necessary, improve water with main rivers, while the District Council deals with supply, sewerage and sewage treatment and drainage matters relating to non-main rivers. Few disposal facilities, having regard to drainage problems have been identified in the Plan area, environmental considerations. although difficulties are encountered at Stock Beck, Kendal, South Ulverston and Windermere Road, Grange- over-Sands. The District Council will continue to identify and alleviate drainage problems associated with non-main rivers, subject to SEWAGE TREATMENT AND DISPOSAL availability of resources, and will urge the Development which fails to provide adequate Environment Agency to take steps to resolve means of sewage disposal and treatment, or any drainage problems relating to main rivers. where the capacity of the existing foul sewerage Policy S26 system or treatment works would be exceeded, Electricity, Gas and will not be permitted. Telecommunications The installation of septic tanks will be favourably 8.82 Electricity and telecommunications services are considered where connection to the main sewers regarded as adequate throughout the Plan area. is not feasible, provided there is no adverse Electricity supplies are generally available, and public impact on amenity. telephones are located in all the main settlements, as well as in many isolated locations. Gas supplies are available Where necessary, the District Council will impose in the main towns and villages and are being extended to planning conditions, or secure a planning a large number of rural settlements. The District Council obligation, to ensure that adequate sewage wishes to see all services maintained and improved treatment facilities are available to serve the where possible, although any works undertaken should development. take account of the likely impacts on their surroundings. The District Council will continue to urge the service authorities to maintain and, where possible upgrade services, having regard to environmental considerations.

page 112 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Chapter 8 : STANDARDS FOR NEW DEVELOPMENT

OVERHEAD LINES ANTENNAE, RADIO MASTS AND RADIO EQUIPMENT 8.83 The Countryside Commission has published a Position Statement (CCP 454), which encourages 8.86 Antennae, Radio Masts and Radio Equipment are electricity companies to consider ways of reducing the subject to District Council control in selected areas. These environmental impact of the electricity supply network in include the Arnside-Silverdale AONB, SSSIs and the countryside, particularly in areas of high landscape Conservation Areas. This reflects the significant visual quality. impact which these types of development can have when located on a prominent hillside or building. In PPG8 the 8.84 While the provision of new power and telephone Government expresses its commitment to the growth of lines, and the replacement and upgrading of existing ones new and existing telecommunications systems, whilst also is a desirable objective, the District Council, where expressing a need for continuing protection of the consulted, will try to limit the environmental impact of countryside. overhead lines by selecting the least visually intrusive route, and discouraging overhead lines across open land. Where it is not possible to avoid sensitive areas, and particularly in Conservation Areas, the District Council will TELECOMMUNICATION MASTS encourage the undergrounding of services, subject to AND EQUIPMENT ecological and archaeological considerations. Where the District Council has control over the 8.85 The District Council will also seek to develop, with erection of new telecommunication masts and

Norweb and British Telecom, a programme of removing Policy S28 equipment, proposals will be permitted provided overhead wires which are harmful to the amenity of that the following criteria are satisfied: Conservation Areas and other environmentally sensitive locations. Priority will initially be given to the following (a) the proposed mast and equipment would settlements : Levens, Cartmel, Milnthorpe, Great Urswick, not be unduly prominent in the landscape, Burton-in-Kendal, and Leece. subject to technical and operational considerations;

(b) the need for the proposed facility cannot be OVERHEAD LINES adequately met by the shared use of existing masts; and In considering proposals for new or replacement overhead lines the District Council will require the (c) subject to technical and operational least visually harmful route for the line. Proposals considerations, the design, appearance and Policy S27 will need to demonstrate that: materials of the masts, aerials and ancillary equipment are appropriate to the locality. (a) a more suitable alternative site, routes or systems are not available; Within the Arnside-Silverdale Area of Outstanding Natural Beauty, proposals will only be permitted (b) they respect the form and character of the which are demonstrably in the public interest. landscape and the setting of any settlement involved, and make provision for appropriate landscaping. PUBLIC TELEPHONES The least visually harmful route may involve the line being laid underground providing there is no 8.87 Telecommunication companies are required to give adverse impact on nature conservation or the District Council 28 days notice of their intention to archaeological interests. Taking account of install a public telephone. If the District Council considers technical, practical and cost considerations, the that the proposed location is unacceptable, it can request Council will seek priority for the placing of high that initial proposal does not go ahead, and enter into voltage lines underground where these affect negotiations with the provider to identify an acceptable environmentally sensitive locations. alternative. Poorly located public telephones can affect the character or amenity of an area, particularly Conservation Areas or the open countryside.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 113 Chapter 8 : STANDARDS FOR NEW DEVELOPMENT

8.88 The District Council therefore, will 8.90 There also remain a number of opportunities in consider favourably, proposals for public South Lakeland for old mineral workings and other telephones where they: ‘‘holes’’ to be filled with inert wastes (i.e. wastes that will not physically or chemically react or undergo (1) do not have an adverse impact on an biodegradation within a site, e.g. soil, bricks and area’s amenity, particularly when located concrete). Where these opportunities exist and the within the District’s Conservation Areas or proposals will not cause highway or amenity problems in open countryside; the area, the Local Planning Authority will generally support them. However, the proposal must also satisfy (2) do not affect the safe movement and Environmental Health, the Environment Agency and the visibility of pedestrians, cyclists and County Highway Authority. Care will also need to be taken motorists. to ensure that sites of nature conservation or archaeological value are safeguarded against landfill Waste Disposal proposals. Prior to disposal, every effort should be made to reduce the volume of waste through compaction, 8.89 While the District Council is a Waste Collection sorting or other methods. Authority, Cumbria County Council is the Waste Disposal and Waste Regulation Authority, and is responsible for 8.91 The District Council will encourage a high standard licensing disposal sites, providing and managing and quality in proposals for the disposal of inert waste. Household Waste Sites and providing a Waste Disposal Where proposals are for inert waste disposal by landfilling Plan. Household waste sites are located in Kendal, in connection with abandoned mineral workings and Ulverston, Grange over Sands and Broughton in Furness. agricultural improvement schemes, these should be small There is also a wide network of waste recycling facilities in scale, protect residential interests, highway safety, local in the District. The Local Planning Authority is keen to amenity, geological value, nature conservation, encourage a more responsible approach to waste archaeological remains and take account of the impact of disposal in South Lakeland which would effectively reduce workings and finished scheme on the landscape of the the amount of waste and the transport and waste disposal area. costs. The District Council therefore, will encourage the establishment of a network recycling sites, where a need is identified, and Gypsy Sites encourage Cumbria County Council to maintain and improve an adequate distribution of waste 8.92 Planning Policy Guidance 12, Annex D advises disposal and Civic Amenity Sites in South local planning authorities to have regard to meeting gypsy Lakeland. Policy S29 does not refer to those accommodation needs. The District Council's Health, types of waste recycling proposals determined Safety and Licensing Group has recently undertaken by Cumbria County Council and covered by the research which indicates that the need for gypsy sites in Minerals and Waste Local Plan. South Lakeland is limited. The District Council therefore does not propose to identify specific sites for gypsy accommodation. WASTE RECYCLING FACILITIES

Proposals for waste recycling facilities, where determined by the District Council, will be favourably considered, providing they meet the

Policy S29 following criteria:

(a) there is adequate and convenient access to the site;

(b) the proposal does not detract from the amenity of residential areas;

(c) adequate arrangements are made to maintain the site.

page 114 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 IMPLEMENTATION,IMPLEMENTATION, MONITORING & REVIEW MONITORING & REVIEW IMPLEMENTATION, MONITORING & REVIEW

Implementation ...... 115

Monitoring ...... 115

Review ...... 115

Conditions ...... 115

Planning Obligations ...... 116

The Local Plan policies and text that have been added or altered (in whole or part) through the Local Plan Alterations are shown with grey shading behind the relevant text. IMPLEMENTATION, MONITORING & REVIEW

3. The District Council will continue to make financial provision in its capital and revenue budgets to implement some of the Plan’s proposals as well as to carry out environmental enhancement and conservation schemes. The Authority will also seek additional funds from other organisations including the Countryside Commission, English Heritage, Heritage Lottery, Rural Development Commission, English Partnerships and European Funds.

Monitoring

4. The monitoring of the Local Plan will cover three main areas:

(1) the assumptions on which the Plan is based;

(2) the implementation of policies and proposals and their effect; Implementation (3) the identification of new issues. 1. The success of the Local Plan depends on three 5. In order to monitor effectively the way in which important factors: policies are being implemented, the District Council will continue to expand its information gathering and analysis (1) the extent to which policies and proposals are facilities. Particular attention will be paid to the take-up of implemented, requiring the cooperation and housing and employment sites. Sites which are not coordination of effort of many public agencies, private developed may indicate a need for the District Council or organisations and individuals; other agencies to overcome constraints, or for alternative (2) the effect of those policies and proposals, and; sites to be identified.

(3) the ability of the Plan to adapt to new issues 6. The collection and review of information in the throughout the Plan period. monitoring process will be undertaken by the District Council, the County Council, statutory and other public 2. Within the proposals of the Plan itself, there is bodies, and Parish Councils. recognition that further detailed work will be required during the Plan period. This will be in a variety of forms Review including: 7. A regular review will be undertaken and a (1) Planning Briefs for particular sites; document prepared detailing the degree to which policies and proposals are being implemented and their effects. (2) Further Design Guidance for Conservation Areas; This report will also recommend necessary modifications or new policies to cope with new or changing issues. (3) Review of Conservation Area designations;

(4) Review of ‘‘Buildings at Risk’’; Conditions

(5) The introduction of further Article 4 Directions; 8. i) The District Council has the power to impose (6) Management Plans for important archaeological "such conditions as they think fit" when granting sites; planning permission. Conditions should, however, be in accordance with the advice contained in (7) Review of Countryside Strategy; Circular 11/95 entitled 'The Use of Conditions in Planning Permissions', and they should meet the (8) Preparation of Estuary Management Plans. tests of necessity, relevance to planning, relevance

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 115 IMPLEMENTATION, MONITORING & REVIEW

to the development permitted, enforceability, precision and reasonableness in all other respects.

ii) There are two provisions which authorities may use to enforce conditions: an enforcement notice, under section 172 of the Town and Country Planning Act, or a breach of condition notice under section 187A. If a valid breach of condition notice is contravened, the resulting offence is open to summary prosecution. Likewise if an Enforcement Notice is contravened, prosecution proceedings may follow, or the Council could resolve to carry out the works in default, and recharge to the owner the cost of doing this.

Planning Obligations

9. A Planning Obligation under S106 of the Act may be entered into by means of a unilateral undertaking or by agreement between the developer and the Council. Anyone with an interest in land may enter into a planning obligation by the local planning authority identified in the agreement. A planning obligation may enhance the quality of development and enable proposals to go ahead which might otherwise be refused. They should, however, be in accordance with the advice contained in Circular 1/97 entitled 'Planning Obligations', and they should meet the tests of being necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development, enforceable and reasonable in all other aspects. Such obligations may restrict development or use of the land; require operations or activities to be carried out in, on, under or over any land; require the land to be used in any specified way; or require payments to be made to the Council either in a single sum or periodically. The obligations created run with the land so they may be enforced against both the original covenant or and anyone acquiring an interest in the land from him. Conditions and Planning Obligations should not be duplicated, and that where there is a choice, a condition is preferable. This information should be based on the guidance of paragraph 12 and 13 of Circular 11/95.

page 116 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007

Inset Maps (A2) ...... see list overleaf list ..see (A2) Maps Inset overleaf list ..see (A3) Maps Inset overleaf list ..see (A4) Maps Inset enclosed . . .see Map Proposals

CONTENTSCONTENTS

List of Town and Village Inset Maps

A4 INSETS: A3 INSETS: 1. Ackenthwaite 30. Allithwaite

2. Barbon 31. Arnside

3. Bardsea 32. Burneside

4. Baycliff 33. Burton-in-Kendal

5. Beetham 34. Cartmel

6. Brigsteer 35. Endmoor

7. Broughton-in-Furness 36. Flookburgh 36a. Moor Lane, Flookburgh 8. Cark 37. Heversham 9. Carr Bank 38. Holme 10 Casterton 39. Kirkby-in-Furness (Sandside & Beck Side) 11. Endmoor, Low Park 40. Kirkby Lonsdale 12. Gatebeck 40a. Kirkby Motors

13. Gleaston 41. Leasgill

14. Great Urswick 42. Levens

15. Greenodd 43. Milnthorpe 43a. Land SE of Milnthorpe Station 16. Hutton Roof 44. Natland 17. Leece 45. Oxenholme 18. Little Urswick 46. Storth & Sandside 19. Loppergarth 47. Swarthmoor 20. Newbiggin

21. Old Hutton, Bridge End A2 INSETS: (see pocket) 22. Old Hutton, Middleshaw 48. Grange-over-Sands (North part) 23. Old Hutton 48a. Grange-over-Sands (South part) 24. Penny Bridge 48b. North end of Grange Conservation Area

25. Ravenstown 49. Kendal 49a. Kendal Town Centre 26. Scales 50. Ulverston (West part) 27. Sedgwick 50a. Ulverston (East part) 50b. Ulverston Town Centre 28. Slackhead

29. Stainton-with-Adgarley

Plan Alterations areshownwithgreyshadingbehindtherelevanttext. The LocalPlanpoliciesandtextthathavebeenaddedor altered (inwholeorpart) throughtheLocal Appendix K : Development in Relation to Trunk Roads ..146 TrunkRoads to Relation in Development : K Appendix ..137 Policies StructurePlan of List : J Appendix . ..136 Gardens and Parks Historic : I Appendix AreaofSpecial Controlfor Advertisements Appendix H: ..134 Buildings to Treesclose : G Appendix SecurityMeasurestoRetail and : Appendix F ..130 Sites Monument Scheduled Ancient : E Appendix NatureConservationDesignationsof Appendix D: 122 . Development StandardsCaravan for : C Appendix DevelopmentRequirements: Appendix B: DevelopmentGuidelinesandGeneral : Appendix A AC). ..135 (ASCA) Lakeland ..132 South in Premises Commercial ..125 Importance International, NationalandLocal ..120 Employment Allocations . . .117 Residential Requirements:Allocations

CONTENTSCONTENTS

Appendix A

Appendix A : Development Guidelines and General Requirements : Residential Allocations

1. Policies and proposals in several sections of the Local Plan aim to outline in broad terms the range of services and facilities which the District Council expects to see provided in conjunction with development. These will be achieved through planning conditions, planning obligations or other forms of legally binding agreement.

2. The following matrix gives an indication of the general requirements for services and facilities for each of the sites allocated in Policy H2. The list of requirements is not comprehensive but should assist in the preparation of plans and costings for the development of the site. The development requirements should also be helpful in establishing an appropriate value for the land. Subsequent development of allocated sites will need to conform with all the relevant policies in the Local Plan. There may also be specific requirements particularly on the larger sites, which will be the subject of detailed planning briefs. Other more detailed considerations, such as design for crime prevention and access for the disabled are not prescribed within the matrix but will be considered at the planning application stage.

3. The figures given for the number of affordable houses on each site, are a reflection of the proven level of housing need (on the basis of the South Lakeland Housing Needs Survey (1993), Local Housing Needs Surveys, Parish Appraisals and the Council’s Housing Waiting List) in the parish or adjacent parishes. This need is balanced against individual site characteristics and market conditions in the area. The figures are offered as a broad indication of the number of units expected to be sought on each site. It is however recognised that housing needs may change over time and that the precise figures will be the subject of negotiation at the time of any application for development.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 117 Appendix A

Housing Land Allocations Still Available

Brown/GreenfieldArea Site Density Affordable HousingInformal/FormalRecreation Play Area FacilitiesHighway AccessPlanning BriefLand Required Drainage SETTLEMENT SITE Ha a bcde f gNOTES Grange-over-Sands Graythwaite Manor B 0.7 H Woodland conservation Cart Lane G 0.4 M 1 Holme Paddock Lodge G 3.5 M 24 1 /3 of site has permission Kendal Roundhill School B 1.3 M 6 2 Union Street B 0.2 H Cul de sac/Highway access 1 Levens Off Lowgate G 0.5 M /3 of site has permission Little Urswick Rear of Park Garth G 0.4 M 5 Natland Natland Road (north) G 0.4 M 6 Old Hutton Middleshaw Bridge G 0.3 M Open beck to be retained Stainton-w-Adg. north Stainton Hall Farm G 0.3 M 3 Ulverston Lund Farm G 4.3 M 8 Union Lane B 1.4 M 10 7 Winton House Phase 2 G 0.4 H

There have been some changes to this table since April 2002. At April 2003 Graythwaite Manor in Grange-over-Sands, the remainder of Lowgate in Levens and rear of Park Garth in Little Urswick has been granted permission. A further 1/3 of the Paddock Lodge site in Holme has also been granted permission. O.4 hectares of Union Lane has been used for hospital redevelopment. All sites would be expected to provide development infrastructure such as highways and public transport; water sewerage; land drainage; gas; electricity, telecommunications; parking. Sites will also be expected to provide landscaping, paths/cycleways and other highways improvements such as traffic calming.

Sites with Residual Permission, Under Construction or Partly Developed

Brown/GreenfieldArea Site Density Affordable HousingInformal/FormalRecreation Play Area FacilitiesHighway AccessPlanning BriefLand Required DrainageStatus SETTLEMENT SITE Ha a b c d e f g h NOTES Flookburgh Green Lane G 0.4 H PP Grange-over-Sands Cart Lane G 0.5 M 1 Holme Paddock Lodge G 1.2 M 1PPPermission for /3 of site. Kirkby Lonsdale SW Kirkby Lonsdale G 0.6 M 3 4PPNo access to A65. This site has been reduced by 50% due to the construction of a supermarket. Of the remaining 0.6ha, 1 plot has been built, 7 have outline permission. 1 Levens off Lowgate G 0.3 M PP Permission for /3 of site. Kendal Oxenholme Road G 6.9 Planning Brief Prepared UC Sparrowmire G 7.6 Planning Brief Prepared 3 UC Investigate railway halt. Swarthmoor Ulverston Road G 1.7 H 11 UC Ulverston Urswick Road G 1.4 L 7 UC

NOTES: a : Density c : Informal/Formal Play Area f : Planning Brief Required H = 30+ per hectare For sites greater than 0.5 ha For sites greater than 2.0 ha M = 30 per hectare d : Recreational Facilities g : Land Drainage Considerations L = 27 per hectare See next page e.g. playing fields, changing facilities. b : Affordable Housing h : Status Number of affordable houses e : Highway Access PP = Planning Permission (either outline or full) on each site Off site road improvements UC = Under Construction page 118 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix A

Housing Land Allocations - Completed Sites

AffordableHousing Provided SETTLEMENT SITE Ha Completed sites and whole sites with planning Allithwaite Church Road 1.0 4 permission do not need to identify the planning and development constraints Burton Morewood Drive 0.9 4 Endmoor Land off A65 1.4 5 Kendal Brigsteer Road 0.6 Chiltern Reach 2.3 Kirkbie Kendal School 1.6 Milnthorpe Ackenthwaite Road 1.0 Grisleymires Lane 0.8 3 Natland Robby Lea Drive 1.1 4 Ulverston Daltongate/Queen St 0.2 8 Kings Road 0.3

LAND DRAINAGE CONSIDERATIONS

1. Holme Beck (non-main) flows through the site and may flood in low-lying areas. Any increase in surface water run-off may exacerbate flooding problems downstream.

2. A watercourse flows through site into a screened culvert, which is unable to take the flow in heavy rainfall conditions. This floods the low-lying areas below. No increase in surface water run-off will be accepted. As a result the development will need to be carefully planned.

3. Small watercourse on eastern boundary. Ponding may occur in low-lying areas. NOTES: 4. A watercourse is culverted through parts of the site. Any blockage could cause flooding. No increase in a) Development of sites within the flood plain may be run-off will be accepted, if this will cause flooding acceptable to the Environment Agency provided there is no risk downstream. of the development being flooded, and provided compensating flood storage is accommodated elsewhere. 5. Site within section 24 flood plain (of Deep Meadow b) Where the Environment Agency would not accept Beck). additional surface water run-off, a variety of measures may be adopted including, for example, on-site storage and soakaways. 6. Some ponding on this site. c) Land-owners and developers will be expected to indicate 7. Site adjacent to Gill Banks Beck. Possible erosion that satisfactory measures can be implemented to overcome problems. drainage problems.

8. Lund Beck runs close to the site. See Policies C22 and C23 and paragraphs 5.93 and 5.94

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 119 Appendix B

Appendix B : NOTES Development Requirements : a) Development of sites within the flood plain may be Employment Allocations acceptable to the Environment Agency provided there is no risk of the development being flooded, and provided 1. Policies and proposals in several sections of the compensating flood storage is accommodated Local Plan aim to outline in broad terms the range of elsewhere. services and facilities which the District Council expects to see provided in conjunction with development. These b) Where the Environment Agency would not accept will be achieved through planning conditions, planning additional surface water run-off, a variety of measures obligations or other forms of legally binding agreement. may be adopted including, for example, on-site storage and soakaways. 2. The following matrix gives an indication of the general requirements for services and facilities for each of c) Land-owners and developers will be expected to indicate the sites allocated in Policy E1, E2 and E3. The list of that satisfactory measures can be implemented to requirements is not comprehensive but should assist in overcome drainage problems. the preparation of plans and costings for the development of the site. The development requirements should also be See Policies C22 and C23 and paragraphs 5.93 and 5.94 helpful in establishing an appropriate value for the land. Subsequent development of allocated sites will need to conform with all the relevant policies in the Local Plan. There may also be specific requirements particularly on the larger sites, which will be the subject of detailed planning briefs. Other more detailed considerations, such as design for crime prevention and access for the disabled are not prescribed within the matrix but will be considered at the planning application stage.

Land Drainage Considerations

1. Site is within the coastal flood plain, protected by the Environment Agency. A drain runs adjacent to the site, and the area has poor drainage which is liable to tide-locking.

2. The site is within the flood plain of Peasy Beck (main river). The lower area of the site is liable to flooding.

3. Within the tidal flood plain.

4. Site is on the edge of the flood plain.

5. Site is adjacent to a culverted watercourse.

6. Site is on edge of River Bela flood plain.

7. Two drains run adjacent to the site and one across. The area is low-lying with poor drainage, which is liable to tide-locking. The site is within the section 24 tidal flood plain.

8. May be within the flood plain.

page 120 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix B

Employment Land Allocations

Developing InfrastructureLandscaping Highgway ImprovementsReclamation/developmentPaths/CyclewaysLand DrainageOther SETTLEMENT SITE Ha Use Class a b c d e f Flookburgh Moor Lane . 1.1 B1 B2 1 Gatebeck Fall Beck 0.8 B1 B2 2  Grange-over-Sands Allithwaite Road 1.1 B1 B2 Greenodd Crakeside 0.2 B1 3 Kendal Shap Road . 1.8 B1 B2 B8 4 Parkside Road 1.4 B1 PLANNING BRIEF PREPARED Shenstone 2.2 Hi-Tech  Kirkby Lonsdale Kirkby Motors . 0.4 B1 B2 5 Tram Lane 0.6 B1 Milnthorpe Grisleymires Lane 1.0 B1 B2 3 S E Milnthorpe Station . 8.5 B1 B2 B8 PLANNING BRIEF 6 PREPARED Storth Quarry Lane . 1.2 B1 Ulverston Low Mill Tannery . 9.0 B1 B2 B8 PLANNING BRIEF 7  PREPARED West End Lane . 2.8 B1 B2 B8 8

NOTES: SYMBOLS: a : Development Infrastructure  : Retain and extend ornamental landscaping Highway and public transport improvements;  : Nature Conservation Water; Sewerage; Land Drainage; Gas; Electricity; Telecommunications; Parking.  : Area not served by public sewer. Any development would have to include adequate c : Highway Improvements sewage treatment facilities. e.g. traffic calming and off site highway A river 'corridor' will also need to be main- improvements where appropriate tained to protect amenity and conservation d : Reclamation/Redevelopment interests Where prepatory work may be required prior 3 : Off-site screen planting required and a to the development of the site substantial landscape belt required along the f : Land Drainage western boundary see opposite page . : Allocated in previous South Westmorland and Cartmel and Furness Local Plans

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 121 Appendix C

Appendix C : attempt to create a pocket of alien landscape, however Standards for Caravan attractive in itself, will render the site obtrusive and, therefore, unacceptable. Development 4. SCREENING

1. INTRODUCTION Trees, shrubs and hedges can fulfil a great variety of functions in a design. They can be used in a protective This appendix is intended to provide a guide to the way to give screening and privacy; to provide shelter from standards that will be required and the conditions that the wind, from strong sunshine and, to an extent, noise; may be imposed on any future development. Control of or to break up regular layout patterns which become caravan sites is exercised in two ways. Whilst planning monotonous on larger sites. Extremely useful and permission acts as a general control on the use of land in beneficial as planting schemes may be, their principle, the Caravan Sites and Control of Development effectiveness must not be overestimated. On sites where Act is the instrument by which the detailed running and existing physical features already form a partial natural maintenance of the site is regulated. screen, selective planting will usually prove successful, but the peripheral screening of sites solely by tree and 2. SITE LICENCE STANDARDS shrub planting will seldom, in itself, be adequate to render a site visually acceptable. The 1960 Act refers to a series of model standards to which licensing authorities must have regard when 5. COLOUR, CONDITION AND WINTER deciding the conditions to attach to a site licence. These APPEARANCE OF SITES standards are normally to be expected as a matter of good practice on sites which are used regularly by Dependence on natural vegetation for screening poses residential or holiday caravans. Different standards are problems from late autumn to early spring, when leaf designed to apply to touring caravans, reflecting the cover disappears and caravans become readily visible different nature of the holidays. through depleted tree screens. In these cases, the only effective way to soften the visual intrusion of caravans in Department of the Environment Circular 23/86 gives the winter landscape is to paint them in colours which will model standards for touring caravan sites. blend and harmonise with the surrounding vegetation. It is proposed, therefore, to continue with the present policy of These model standards have been taken into account by insisting that all new static caravans be painted in an South Lakeland District Council Environmental Health approved colour so as to merge with the landscape. Department when they produced their current licence Occasionally, when screening is completely independent conditions relating to seasonal and residential static of the variations in vegetation cover, there may be a case caravans and touring caravans. for relaxing this condition, depending upon the merits of the particular site. 3. INTERNAL APPEARANCE OF CARAVAN SITES As a general principle though, all proposals for static caravans will be expected to conform to an approved In future, before considering whether to grant planning range of colours. These are listed below. permission, the Council should be satisfied that the form and nature of the proposed development will create a In the case of existing sites with permanent permissions, pleasant appearance throughout the site. As there are which have escaped the imposition of colour conditions usually only a few permanent buildings of relatively because the permission has never come up for renewal, modest scale on a caravan park and the caravans the Council may wish to consider the possibility of themselves come ready made, a great deal can be amending the site licences of poorly screened and achieved by concentrating on the layout and quality of the intrusivesites to include this additional condition. setting. The best designs emerge from understanding and respecting the characteristics of the existing landscape In order to further minimise the impact on the winter and working with these. This approach will help to landscape, consideration will also need to be given to the assimilate the development into its surroundings. Any siting and appearance of amenity blocks and other

page 122 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix C buildings. This will be especially important on touring Therefore, the Council will need to decide whether a sites, where the caravans themselves will be absent, but permanent caravan site is acceptable, or whether to where ancillary buildings may become conspicuous refuse the permanent use. during periods of depleted screening. In preceding paragraphs, attention has been drawn to the 6. SEASONAL REMOVAL dual system of control operating for caravan sites, whereby planning permission controls the location of a Another possibility for limiting the visual impact of static site and its external appearance; and the site licence sites during winter would be to require the removal of all controls the density of caravans, the level of facilities caravans from the site for the mid-winter months. Against the benefits of the resulting visual improvement, there required and the internal appearance of the site. One of would be a number of drawbacks. the main weaknesses of applying such a system too rigidly is the lack of co-ordination between internal The use of more permanent site vans, each with their appearance controls and the successful integration of the own water supply and means of sewage disposal, would site with its surroundings. The layout and density of be prohibited. This would be contrary to current trends for caravans, the siting of buildings and landscaping within higher standards and sophistication in static caravan the site are all matters which will frequently affect the development. external appearance of a site.

The problem of winter storage - which in some cases Therefore, to enable a fully informed decision to be made might present as many difficulties as the presence of on any proposed caravan development, the Council caravans on the site all year. requires as a matter of policy that all information relating to the external and internal appearance of the site should As static sites are closed during the winter months, there be provided at the planning application stage. would be no benefit in clearing the site in terms of reduced traffic generationor reduced demand on local 8. ENFORCEMENT services. If planning conditions and site licence standards imposed Therefore, it is not considered appropriate that a policy of on caravan development are to be effective, then winter removal should be generally adopted, but the adequate supervision is necessary to ensure that site option to impose such a condition where it is warranted operators comply with the particular terms of their by particular circumstances should be retained. approval. In the case of a site operator repeatedly neglecting site licence standards, or failing to comply with 7. TEMPORARY PERMISSION planning conditions, the Council will have no alternative but to instigate enforcement procedure. This may be A condition which may also have militated against the carried out under planning legislation, but where possible, achievement of a higher standard of facilities on sites in legal proceedings will be instituted under the 1960 the past is that of the time limit. The National Federation Caravan Sites and Control of Development Act, as this of Site Operations has brought this issue to the notice of affords a more direct and effective means of dealing with the local authorities, pointing out the difficulties of raising contraventions. investment when there is only a temporary planning permission. In pursuing a policy of adequate supervision, it is suggested that 2-3 monitoring checks should be made on The Secretary of State has declared that he considers it site each season to ensure that there is general ’’... inappropriate to attempt to retain control over a compliance with the major conditions of planning particular use of land by means of a series of temporary approvals and site licences. The responsibility for carrying planning permissions. Save in those cases where the out these checks would be shared by officers of the application relates to a change of use, and the effect Environmental Health and Planning Departments. which the proposed use is likely to have on the amenities of the area cannot be fully appreciated until the use has Surveys of this nature could also be used to ensure that actually begun ...’’ there is no blatant abuse of the various exemption provisions enjoyed by caravans and tented camping. If tented camping becomes a special problem within any locality in the District, it may be necessary - due to the

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 123 Appendix C looseness of present legislation - to remove the general freedom for camping by a direction under Article 4 of the 1988 General Development Order.

However, such a course of action would only be used as a last resort, as Article 4 directions do not provide a complete answer and liability for compensation exists in respect of a refusal for planning permission for development covered by such a direction.

9. COLOURS APPROVED FOR STATIC CARAVANS

BS 4800: Paint Colours: As recommended by South Lakeland District Council, for inland areas:

00 A 09 18 B 25 10 A 11 00 A 13 18 B 29 04 B 25 08 B 29 08 B 25 06 C 39 14 C 39 10 C 39 12 D 45 12 B 25 10 B 25 12 B 29

For sites in open coastal areas of the District, the following colours are recommended:

10 A 07 00 A 05 04 B 21 08 B 21 10 B 21 12 B 21 18 B 21 16 C 37

page 124 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix D

Appendix D : Nature Conservation Designations of International, National and Local Importance

1. SITES OF SPECIAL SCIENTIFIC INTEREST 2. LIMESTONE PAVEMENT ORDERS (SSSIs) (including National Nature Reserves 1. Bardsea Park (NNRs), proposed RAMSAR Sites and Special Protection Areas (SPAs); also, designations as 2. Birkrigg Common Nature Conservation Review Sites (NCRs) and 3. Bolton Heads and Stainton Quarry Geological Conservation Review Sites (GCRs)) 4. Curwen Woods 1. Arnside Knott (NCR) 5. Farleton Knott 2. Barker Scar (GCR) 6. Flat Woods 3. Burns Beck Moss 7. Grange Woodlands 4. Duddon Estuary (NCR) 8. Green Slacks (proposed RAMSAR site & SPA) 9. Hagg End 5. Duddon Mosses (NCR) 10. Haverbrack Bank 6. Far Arnside 11. Hermitage Hill 7. Farleton Knott (NCR & GCR) 12. Heversham Head (includes Clawthorpe Fell NNR)

8. Hale Moss 13. Highheads Wood and Allotment

9. Hale Moss Caves (GCR) 14. Humphrey Head

10. Humphrey Head (NCR & GCR) 15. Hutton Roof

11. Hutton Roof Crags (NCR & GCR) 16. Hutton Roof Extension (Cloughs Wood) (includes Park Wood NNR) 17. Leighton Beck and School Lots

12. Iron Pit Spring Quarry (GCR) 18. Leighton Beck and School Lots Extension

13. Kirkby Moor 19. Low Biggins

14. Leck Beck Head Catchment Area (GCR) 20. Major Woods

15. Morecambe Bay (NCR) 21. Marble Quarry and Hale Fell (proposed RAMSAR Site & SPA) 22. Middlebarrow 16. Roudsea Wood and Mosses (NCR) (includes Roudsea Wood and Mosses NNR) 23. Old Park Wood

17. Scout and Cunswick Scars (NCR) 24. Scales and Baycliff Haggs

18. Sea Wood 25. Scroggs Close

19. Short Gill Cave System (GCR) 26. Stoads Farm and Enclosure

20. Skelsmergh Tarn 27. Underlaid Wood

21. Tebay Road Cuttings (GCR) 28. Urswick Crags

22. Wart Barrow 29. Wartbarrow and Kirkhead

23. Outley Mosses 30. Wellhouse and Hag Woods

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 125 Appendix D

3. REGIONALLY IMPORTANT GEOLOGICAL 4. COUNTY WILDLIFE SITES (Draft list) AND GEOMORPHOLOGICAL SITES (RIGS) (with Grid References)

5/01 Cart Lane, Near Allithwaite at Kents Bank, 1. Whinfell/Ashtead Fell NY5502 Grange-over-Sands 2. Borrowbeck Flushes NY555036 5/02 Eccle Riggs Bank Quarry, Broughton-in-Furness 3. Grayrigg Flushes NY592014 5/03 Plumpton Quarries, Ulverston 4. Borrowdale Wood NY604013 5/04 Quarry Flat, Holker 5. Hart Carrs Wetland SD256692 5/05 Rougholme Point, Humphrey Head 6. Goadsbarrow Verges SD263685 5/06 Moat Scar, Aldingham 7. Stainton Quarry SD246729 5/07 Wadhead Hill and Scar, Bardsea 8. Bolton Heads Pavement SD255735 5/08 Sea Wood Mine 9. Little Urswick Crags SD259741 5/09 Diamond Pit, Lindal-in-Furness 10. Copse Hill Plantation SD260782 5/10 Gleaston Castle Quarries 11. Stone Walls Wood SD261741 5/11 Gawthwaite High Quarry, Kirkby Moor 12. Bower Wood SD261743 5/12 Walthwaite Moor Quarry, West of Ulverston 13. Tosthills SD263744 5/13 Arnside Foreshore 14. Mere Tarn SD267718 5/14 Blackstone Point, Nr Arnside 15. Urswick Tarn SD270744 5/15 Ashes Wood, North of Ulverston 16. Flat Woods SD270753 5/16 Holmescales Quarry 17. Holme Bank Wood SD274740 5/17 Shepherds Quarry, Meal Bank 18. Hagg End SD275748 5/18 Hazelhurst Point, Holker Estate 19. Old Hall Wood and Pasture SD279796 5/19 Hesketh Wood 20. Scales Haggs and Baycliff Hagg SD280724 5/20 Hutton Roof Quarries 21. Birkrigg Common SD287744

22. Out Rake Plantation SD288796

23. Willington Wood SD293754

24. Wellhouse Wood SD296739

25. Hag Wood SD297743

26. Pear Tree Wood SD232802

27. Hallstead Wood SD244843

28. Next Ness SD300785

29. Pumping Station Meadows SD306773

30. Great Hagg Spring and Plumpton quarries SD311781

31. Newland Moss SD311796

32. Oath Spring Wood SD318795

33. Ashes Wood SD322798

page 126 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix D

34. Low Frith SD339794 70. Storth Corner Pasture SD474784

35. Ellerside Breast Plantation SD355795 71. Creep-i’-Th’-Call Bridge Wood SD475781

36. Hagg and Scroggs Wood SD360797 72. Longthroughs Wood SD478795

37. Yaw Yeat Wood SD3678 73. Dolly Wood SD479785

38. Park Woods SD372788 74. Underlaid Wood & Beetham Fell SD483790

39. Hesketh Wood SD385783 75. Longtail Wood SD483797

40. High Fell SD391780 76. Whinscar Plantation SD490791

41. Kirkhead SD392755 77. High Wood Edge SD490794

42. Toppin Rays Wood SD303817 78. Major Woods SD493783

43. Arrad Foot SD307811 79. Beetham Park Wood Edge SD495791

44. Sheriff Well Wood SD314821 80. Hale Fell Pavement and Woods SD498784

45. Oak Hough SD319802 81. Slack Head Wood SD498788

46. Collkeld Wood SD358810 82. Helsington Moss SD466892

47. Outley Mosses SD362818 83. Brigsteer Moss SD477878

48. Rye Croft Wood SD365803 84. Burntbarrow Plantation SD480801

49. Crag Wood SD374812 85. Haverbrack Bank SD483809

50. Nicholas Wood SD378802 86. Sandside Quarry verges SD484809

51. High Farm Field SD405788 87. Brigsteer Park SD486880

52. Yewbarrow Wood SD406782 88. Crow Wood SD488810

53. Eggerslack Wood SD407792 89. Holeslack Meadows SD488879

54. Limekiln Wood Pasture SD413797 90. Wooded bank of the Kent SD489852

55. Lime Kiln Wood SD414798 91. Lane End Plantation SD490869

56. Brown Robin SD415787 92. Holeslack Wood SD492882

57. Merlewood SD415792 93. Middle Plantation SD493868

58. Grubbins Limestone Plateau SD446778 94. Holme Bottom SD495853

59. Grubbins Wood SD446780 95. Sizergh Fell SD495869

60. Beachwood SD450783 96. Dog Kennel Wood SD496876

61. Dobshall Wood SD452781 97. Sizergh pasture SD497872

62. Hare Parrock Woodland SD453769 98. Quarry plantation SD498870

63. Hollins Farm verges SD454760 99. Sizergh Castle and Gardens SD498879

64. Arnside Tower verges SD455767 100. Chapel Wood, Sizergh SD499874

65. Middlebarrow Plain SD458765 101. Beckmickle Ing/Hagg Foot Wood SD488980

66. Arnside verges SD458775 102. Barbary Crag Wood SD493957

67. Middlebarrow Wood SD464768 103. Warriners Wood SD498903

68. Hagg Wood SD464777 104. Holme Moss SD513785

69. Arnside Moss SD468784 105. Marshy Field Corner SD521784

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 127 Appendix D

106. Sexton Hagg Wood SD532780 142. Bird’s Park Reservoir SD536933

107. Clawthorpe Woods SD538776 143. Scar and Hipshow Woods SD539958

108. Dalton Plantation SD546765 144. Pattonhall Wood SD548958

109. Harry Wood SD547758 145. Oldpark Wood SD549957

110. Wash Dub Wood SD559749 146. Black Moss Tarn SD549971

111. Cut Wood SD561773 147. Mozergh Carr SD549973

112. Cloughs Wood SD568786 148. Docker Parks SD550950

113. Highheads Wood SD578796 149. Oldfield Wood SD552957

114. Gallowber Lane Wood SD588789 150. Fisher Tarn Reservoir SD553930

115. Longfield Barn Woodland SD591788 151. Whinfell Tarn SD559980

116. Levens Park SD500855 152. Birch Spring Wood SD563964

117. Heversham Head Plantation SD502839 153. Flat Tarn SD564987

118. Low Park Wood SD507881 154. Brundrigg Moss SD569923

119. Hawes Wood SD511890 155. Lambrigg Fell Flushes SD576943

120. River Kent SD511891 156. Roundhead Wood SD576977

121. Capon Crag SD514837 157. Long Moss, Ewebank SD577901

122. Larkrigg Spring Wood SD514878 158. Grayrigg Flush and Heath SD578991

123. Enid Maples Reserve SD526897 159. Hutton Park Mire SD580935

124. Helm Bog SD528890 160. Lambrigg Fell Flush SD580950

125. Eskrigg Wood SD530860 161. Lambrigg Tarn and Fell SD586944

126. Lancaster Canal SD539821 162. Killington Reservoir SD590910

127. Birkrigg Park Wood SD540870 163. Grayrigg Tarn SD595980

128. Bleashall Wood SD542884 164. Mill Lane SD605780

129. Nook Wood SD548815 165. Woodend Wood SD609781

130. Camsgill Wood SD551836 166. Lily Wood SD611793

131. Warth Wood/Oak Wood SD554845 167. Laitha Lane SD619784

132. Crab Tree Wood SD557817 168. Gildard Wood SD619798

133. Eskrigg Tarn SD577889 169. Nether Hall Wood SD607827

134. Bendrigg Lodge Mire SD580897 170. Hag Wood SD607843

135. Springs Wood, Bendrigg SD583893 171. Rigmaden Park Wood SD607850

136. Bendrigg Wood SD585896 172. Springs Wood SD607890

137. Tarney Bank Tarn SD589881 173. Mansergh Hall Wood SD608817

138. Serpentine Woods and Meadow SD509930 174. Green Wood SD611804

139. Scroggs Wood, Kendal SD511907 175. Alpha, Green & Hyning Woods SD611805

140. Spital Quarry SD529942 176. Fleshbeck Wood SD611830

141. Scandal Wood SD534950 177. Fell Close and Horse Close Wood SD611875

page 128 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix D

178. Ridding Wood SD611882

179. Blackbrow Wood SD613845

180. Lowfields Wood SD616809

181. Carradus Wood SD616855

182. Near Crow Wood SD625896

183. Otter Wood SD629890

184. Park Woods and Disused Line SD630895

185. Ellers Wood SD631830

186. Ullathorns Wood SD631865

187. Jorden Lane meadow SD631890

188. Sowermire Wood SD633846

189. Thirbeck Gill Wood SD639868

190. Barbon Park SD640828

191. Oak Coppy SD642877

192. Holme Knott Cairn Tarn SD646896

193. Short Gill and grassland SD675846

194. New Park Pond, Killington SD600904

195. Lily Mere SD674915

196. Tarn Moss and Crow Wood SD605911

197. Firbank Fell SD607938

198. Deep Gill-2 SD607974

199. Greenham Moss SD610905

200. Deepgill SD611970

201. Cowby Gill Flushes SD614909

202. Cowby Wood SD617908

203. Davybank Wood SD619959

204. High Fleetholme Wood SD623976

205. Hawkrigg and Moor Woods SD624925

206. Bridge End Meadow SD630926

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 129 Appendix E

Appendix E : Scheduled Ancient Monument Sites

Number National shown Monument O/S Grid on map: Description: Number: Parish: Reference: 1. Camp north of Appleby Slack 213 Aldingham (& Urswick) SD 285 749 2. Gleaston Castle 323 Aldingham SD 261 714 3. Concentric stone circle on Birkrigg Common 27658 Aldingham (& Urswick) SD 292 739 4. Moat Hill, motte and bailey castle and earlier ringwork 27682 Aldingham SD 277 698 5. Moat Farm moated site 27683 Aldingham SD 278 700 6. Romano-British farmstead and associated enclosure W of Scales Haggs, 300m NNE of Scales Green Farm 27687 Aldingham SD 276 724 7. Round cairn on Appleby Hill 27690 Aldingham (& Urswick) SD 289 743 8. Round cairn on Birkrigg Common, 600m NW of High Sunbrick Farm 27691 Aldingham (& Urswick) SD 285 744 9. Round cairn on Birkrigg Common, 520m NW of High Sunbrick Farm 27692 Aldingham (& Urswick) SD 283 743 10. Arnside Tower 325 Arnside SD 459 768 11. Howerigg Settlement 148 Barbon SD 624 819 12. Hodge Bridge 436 Barbon SD 622 825 13. Earthwork in Dallam Park 149 Beetham SD 493 808 14. Beetham Hall (curtain wall and uninhabited portion) 327 Beetham SD 499 790 15. Hazelslack Tower 328 Beetham SD 476 788 16. Settlement S of Russell Farm 177 Burton-in-Kendal SD 544 766 17. Dalton medieval village, field system 1/4 mile (400m) ENE of Dalton Hall 382 Burton-in-Kendal SD 544 757 18. Stone circle 200yds (180m) SE of Langthwaite Gill Plantation 55 Casterton SD 639 799 19. Field system E of Bindloss Farm 162 Casterton SD 641 784 20. Sculptured cross, near Shamrock Wood, Whelprigg 313 Casterton SD 627 810 21. Castlehead Bridge, Grange 442 Grange-over-Sands SD 422 796 22. Hincaster tunnel horse path 528 Hincaster SD 509 850 - SD 513 852 23. Scalford settlement near Kirkby Lonsdale 192 Hutton Roof (& Kirkby Lonsdale) SD 582 789 24. Miller Bridge 443 Kendal SD 516 926 25. Nether Bridge 444 Kendal SD 516 919 26. Stramongate Bridge 445 Kendal SD 518 929 27. Castle Howe motte and bailey 23703 Kendal SD 512 924 28. Kendal Castle and associated earthworks and earlier ringwork 23704 Kendal SD 522 924 29. Cairn and ring mound on Long Moor, W of Gill House Beck 91 Kirkby Ireleth SD 250 826 & SD 251 830

page 130 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix E

30. Devil's Bridge 180 Kirkby Lonsdale SD 615 782 31. Cockpit Hill 353 Kirkby Lonsdale SD 610 789 32. Earthwork 700yds (640m) N of Levens Bridge 94 Levens SD 497 858 33. Levens Park, round barrows and medieval settlements, including Temple of Diana 95 Levens SD 505 861 SD 506 862 SD 505 859 SD 506 859 SD 506 858 SD 503 853 SD 504 855 34. Levens Bridge 447 Levens SD 496 852 35. Cartmel Priory (parts of) 296 Lower Allithwaite SD 379 788 36. Cartmel Priory Gatehouse 304 Lower Allithwaite SD 379 787 37. Wraysholme Tower 355 Lower Allithwaite SD 383 754 38. Frith Hall 426 Lower Allithwaite SD 338 797 39. Kirkhead Cave 13444 Lower Allithwaite SD 391 756 40. Peter Hill, Cark 356 Lower Holker SD 366 764 41. Knapperthaw stone circle 96 Lowick SD 280 842 42. Borrens settlement 199 Middleton SD 628 839 43. Roman milestone near Middleton vicarage 267 Middleton SD 623 858 44. Middleton Hall, curtain wall with gatehouse 359 Middleton SD 626 874 45. High Stockdale Bridge 448 Middleton SD 626 868 46. Round barrow 380yds (350m) E of Middleton Hall 494 Middleton SD 630 874 47. Watercrook Roman fort and civil settlement 273 Natland SD 514 907 48. Castlesteads small multivallate hillfort on The Helm 23684 Natland/Stainton SD 530 887 49. Eller Barrow, round barrow 111 Pennington SD 265 774 50. Castle Hill 362 Pennington SD 257 777 51. Devil's Bridge SW of Horrace 450 Pennington SD 256 795 52. Sedgwick aqueduct 490 Sedgwick SD 513 870 53. Packhorsebridge at the Post Office 384 Stainton SD 523 859 54. Burneside Hale, pele tower and gatehouse 366 Strickland Roger SD 510 959 55. Prehistoric enclosed hut circle settlement, an associated enclosure, and a bowl barrow NNE of Appleby Slack 27681 Urswick SD 288 745 56. Romano-British enclosed hut circle settlement 660m SE of Holme Bank 27684 Urswick SD 275 7340 57. Romano-British farmstead on Little Urswick Craggs 27685 Urswick SD 260 741 58. Romano-British farmstead E of Little Urswick Craggs 27686 Urswick SD 260 740 59. Palisaded hilltop enclosure, a slight univallate hillfort, and a dewpond at Skelmore Heads, 280m E of Woodside Farm 27688 Urswick SD 274 751 60. Long barrow N of Skelmore Heads, 300m NE of Woodside Farm 27689 Urswick SD 274 754

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 131 Appendix F

Appendix F : Security always be the case with grilles or shutters installed either Measures to Retail and internally or externally. Each application will be assessed in relation to the individual shopfront design and its Commercial Premises in South contribution to the wider streetscene, and may be granted Lakeland on a temporary or personal basis in exceptional circumstances. 1. INTRODUCTION 2.2 As far as other security measures are concerned, 1.1 In recent years, increasing levels of crime and the installation externally of CCTV cameras will always vandalism have led a growing number of shopkeepers require planning permission - and Listed Building Consent and owners of commercial premises to take measures to on listed buildings - as will the external installation of improve the security of their premises. More stringent security lighting fittings. insurance requirements and emphasis of the Police on 2.3 The installation of security grilles internally will not Crime Prevention techniques have increased the pressure normally require planning permission but may require for additional security and a number of premises have Listed Building Consent on listed buildings. resorted to the installation of external grilles and shutters.

2.4 It is advisable to check the need for planning 1.2 The District Council, whilst appreciating these permission or Listed Building Consent at the earliest fears, is concerned that the indiscriminate and insensitive possible stage and to take into account the time required use of such measures will have a harmful impact on the to achieve such consents. appearance of the town centres, particularly within conservation areas, but also where shops are situated 3. GUIDELINES outside these areas. 3.1 A complete review of the entire security 1.3 The character and appearance of existing requirements of the retail or commercial building should shopfronts can be radically altered by the addition of be undertaken before any single measure is decided external security shutters, tracks, grids, boxes and other upon. The vulnerability of the premises should be attachments. Such alterations can also have an adverse assessed and advice from the Insurers or the Crime affect on the character of the street or the immediate local Prevention Officer may be helpful in identifying areas at area, particularly if several adjacent frontages are treated risk. An increasing number of break-ins are made from in a similar manner. In such a case, dead frontages can the rear and also through the roof and it is essential that be created in the evenings and weekends which can adequate protection is given to these routes before affect trade during normal shopping hours and lead to a seeking to secure the front of the premises. loss of visual character and interest. 3.2 If security measures to the front of the premises 1.4 The District Council considers that there should be are required, first priority should be given to the door. a balance between the need for security on one hand and Strength of locks or security measures and the provision the need to retain the environmental quality of shopping of an alarm system - preferably linked directly to a police areas on the other. A considerable investment has been station - should be considered first. made on work of enhancement in the District’s towns and villages which will be negated unless this balance is 3.3 The use of intensive interior lighting as a security maintained. measure should be considered, particularly systems controlled by infra red, proximity or movement activated 2. THE NEED FOR PERMISSION devices.

2.1 Planning permission is required for the material 3.4 Windows of retail/commercial premises may also change, alteration or replacement of a shopfront and the require security measures and particular attention should installation of shutters or grilles on the external face or be paid to the methods employed. Windows are an wall of a building constitutes development, as defined in important element of the townscape in South Lakeland. the Town and Country Planning Act 1990. Where the They also permit after hours browsing, supervision of building affected by such development is listed, any premises by the police and contribute to the general alteration that affects the special architectural and historic liveliness and security of the area. Various options for the character of the building, externally or internally also protection of windows are outlined in order of preference: requires the benefit of Listed Building Consent. This will

page 132 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix F a) The use of toughened, laminated or armour plate f) The introduction of external lattice grilles of the glass should be considered first. open mesh type. The use of such a grille can only be considered if the guide rails and grille box are concealed b) This protection can be enhanced by the within the elements of the shopfront and are incorporated incorporation of contact-sensitive alarm strips. This option as part of the overall design. Such features which are will not significantly alter the appearance of the shop fixed externally and cover or obscure existing elements of front. the shop front are not acceptable. Grilles should never cover the pilasters or stall risers when in the down c) The introduction of additional glazing bars or the position. The use of such an option on a listed building redesign of the existing pattern of glazing barns which may not always be possible, particularly if the degree of may be undertaken as part of a shop front renovation. adaptation required adversely affects the special Such alterations may not always be possible on listed architectural or historic character. buildings where the special architectural and historic character of the building may be affected or if the g) The introduction of solid or perforated, timber installation requires wholesale replacement of historic shutters, removable or housed in a properly deisgned fabric. shutter box. This approach may only be appropriate with certain traditionally designed shop fronts. d) The introduction of internal lattice grilles of the open mesh type. This will permit visual security to be h) The District Council will not accept the use of solid maintained and the attractiveness of window displays to lath shutters. The use of such shutters would lead to an remain effective. Attention is required to the positioning of alien, fortress-like atmosphere within South Lakeland’s grille guides and boxes - particularly where the building is towns and villages if they were widely introduced. The listed or where the interior contains features of use of solid external shutters also offers greater importance. In some cases it may be possible to hide opportunities for disfigurement by graffiti and illegal fly- bulky grille boxes by fixing them below stallriser level and posting. allowing the grille to rise up vertically from the lower level. Only when all the previous options have been fully explored, will external security screens be considered.

Planning permission for the fitting of external security measures will be granted as the exception rather than the rule, and will only be allowed where the District Council is satisfied that all other measures have been considered and that there is a special need for that level of security.

Approval will normally be given only for external fittings where:

• They are designed to be an integral part of the shopfront and do not detract from any architectural features;

• The shop interior is visible when they are closed; and

• They are painted or finished to match the shopfront. e) The introduction of removable external grilles where fixings can be unobtrusively incorporated into the design of the shopfront, and which when in position do not obscure the pilasters or stall riser, such grilles to be removed and stored internally during opening hours.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 133 Appendix G

Appendix G : Trees close to Buildings

1. In order to prevent damage to buildings or trees, the following guidelines should be followed. These apply on construction sites and in considering the location of buildings or planting of trees:

a) A temporary fence shall be erected around the tree, 1 or 2 metres outside the canopy spread, during construction work. No activities or storage should take place within this fence;

b) In general, no trees should be planted within 5m of a dwelling. Some species and varieties may be acceptable close to an individual building, but expert advice should be sought. Larger growing species should only be planted where they have sufficient space to allow proper development of both crown and root systems. Again, expert advice will be necessary;

c) The laying of pipes or cablles within the root radius of existing trees must be avoided if at all possible. Where this is impossible, detailed advice on the most appropriate methods should be obtained from an arboriculturalist;

d) When planting trees in urban areas, it is essential that there is provision for drainage of water from the root area as well as allowing irrigation.

e) Trees shall not be planted in areas laced with pipes and cables, as trenching operations will put the survival of the tree constantly in threat.

f) Owners of trees are advised that they should have regular inspections carried out to ensure trees are in a healthy and safe condition.

g) Where reasonable and appropriate, new development (including buildings and highways) should be located beyond the tree canopy, in order to avoid the need to remove on safety ground, healthy trees which shed branches in exceptional climatic or other conditions. The separation distance would depend on the age and growing characteristics of the tree(s).

2. Developers are urged to take account of advice in BS 5837: 1991 ‘‘Trees in Relation to Construction’’. In certain cases developers will be required to produce a management plan, submitted with a planning application, to indicate those trees which must be kept, or felled, together with new areas of planting.

page 134 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix H

Appendix H : Area of Special Control of Advertisements (ASCA)

1. Within the ASCA, the following criteria shall apply:

a) Letters or symbols on advertisements and signs shall not normally exceed 12 inches (0.3 metres) in height;

b) Any part of an advertisement or sign will not normally be permitted above 12 feet (3.6 metres) from ground level;

c) The total coverage of advertisements or signs on any external wall of a building shall not normally exceed 10% of the wall area lying below 12 feet (3.6 metres);

d) Modern acrylic, plastic and metal fascias and signs will not normally be permitted on buildings of historic interest; encouragement will be given to the use of traditional materials and designs in keeping with the building and its surroundings;

e) Projecting box signs will be discouraged and favourable consideration given to suitable hanging signs of traditional design;

f) Internally illuminated signs will not normally be permitted; where appropriate, favourable consideration will be given to the external illumination of signs;

g) The number and position of advertisements and signs on individual buildings will be controlled to prevent over-provision and clutter;

h) Projecting signs shall normally be placed at fascia height to link with fascia displays;

i) Signs at Yard entrances should normally be in the form of a hanging sign or wall signs affixed close to the entrance; where possible, signs should be designed to include all the businesses located in the Yard in order to avoid a proliferation of individual signs;

j) Advertisements or signs which adversely affect public safety (eg. those which obstruct public footways) will not be permitted.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 135 Appendix I

Appendix I : Historic Parks and Gardens

1. ENGLISH HERITAGE REGISTER OF PARKS AND GARDENS OF SPECIAL HISTORIC CHARACTER

• Holker Hall, Cartmel

• Dallam Tower, Milnthorpe

• Levens Park, Levens

• Sizergh Castle, near Kendal

2. OTHER IMPORTANT HISTORIC PARKS AND GARDENS

• Priory Park, Bardsea, Ulverston

• Dalton Hall, Burton

• Casterton Hall, Kirkby Lonsdale

• Underley Hall, Kirkby Lonsdale

• Beckfoot, Kirkby Lonsdale

• Whelprigg, Kirkby Lonsdale

• Barbon Park, Barbon

• Rigmaden Park, near Kirkby Lonsdale

• Heaves Hotel, Levens

• Eccle Riggs, Broughton-in-Furness

• Serpentine woods, Kendal

• Sedgwick House, Sedgwick

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Appendix J : Policy 6 : City of Carlisle List of Structure Plan Policies The City of Carlisle’s sub-regional role as a centre for business, commerce, shopping and tourism will be fostered by the modest acceleration of past rates of THE STRATEGY development.

Policy 1 : Development and the Environment Policy 7 : Kendal and Penrith

New development will be provided, mainly in the towns, to Kendal and Penrith will develop at rates which allow local meet the social and economic needs of the County’s housing and business needs to be satisfied and population, but in a manner which, through appropriate outstanding town centre traffic problems to be addressed, location, scale, design or use, does not diminish the but in a manner which is sympathetic to their existing quality of the environment within the County or beyond, or character and rural setting. for future generations.

Policy 8 : Furness and West Cumbria Policy 2 : Conserving the Natural and Built Furness and West Cumbria’s economic problems will be Environment The County’s scenic beauty, natural addressed through an enhanced priority to refurbishment resources and the quality of its built environment will be of the town centres, environmental improvements, new protected from inappropriate development, especially industrial site development, tourism projects and those areas and features of international or national improvements in road and rail communications. conservation importance where harmful development will not be permitted. Policy 9 : Inter Urban Transport

Policy 3 : Maintaining Rural Communities Inter urban communications will be improved by upgrading the road network to meet economic The diversification of the rural economy and the development needs and to bring environmental benefits to maintenance of the vitality or rural life will be assisted bypassed towns and by encouraging the movement of through a favourable response to developments which passengers by bus and rail and bulk commodities by rail provide local benefits and are sensitive to the local to reduce the environmental impact of road traffic. New environment. road building, or significant upgrading of existing roads, affecting areas and features of international and national Policy 4 : Environment in Towns conservation importance will only be carried out in exceptional circumstances. The quality of the environment within and around towns will be upgraded for the benefit of residents, visitors and Policy 10 : Tourism Development the local economy by high standards of design for new development, by improvements to existing buildings, The future development of tourism should normally be ground surfaces and spaces, and by measures to reduce based on visitors’ enjoyment and understanding of the the impact of traffic. County’s distinctive scenic, cultural and historic character. Development will be encouraged where it would help Policy 5 : The National Parks meet a particular economic need, but will not be allowed to prejudice the County’s environmental quality. To protect The scenic beauty, natural resources and quality of the the intrinsic qualities of the National Parks, the growth of built environment of the Lake District and Yorkshire Dales tourism should be restrained and future development National Parks will be firmly protected and enhanced, should not conflict with their quiet enjoyment. whilst fostering the quiet enjoyment and understanding of the Parks and the social and economic wellbeing of their communities in a manner which does not conflict with the conservation objectives.

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MANAGING THE ENVIRONMENT Policy 15 : Landscape Enhancement

Measures which encourage the enhancement of Policy 11 : Landscapes of National Importance landscapes and their wildlife and historic features will normally be supported. Development and other land use changes detrimental to the present characteristics and qualities of the landscape of the National Parks, AONBs and the Heritage Coast will Policy 16 : New Forests and Woodlands not normally be permitted. Particular regard will be paid to the protection and enhancement of undeveloped open Within the National Parks and AONBs additional countryside and coast, the lakes and other sensitive plantations and woodlands will normally be acceptable locations, and in addition in National Parks the character where they will enhance the characteristic landscape of land identified on Section 3 Conservation Maps. beauty of the area and not prejudice conservation and Development required to meet local infrastructure needs public access. Wherever appropriate and feasible which cannot be located elsewhere, will normally be schemes would be designed to achieve a final hardwood permitted provided it is sited to minimise environmental crop. Elsewhere in Cumbria, forests, plantations and impacts and meets high standards of design. woodlands will normally be acceptable where there is no material conflict with agriculture, landscape, historic features, conservation and public access, and should Policy 12 : Landscapes of County Importance usually provide positive benefits to these interests.

Development and other land use changes detrimental to the distinctive character of designated County Policy 17 : Nature Conservation Interests Landscapes, will not normally be permitted. Development required to meet local infrastructure needs which cannot Development and other land use changes which are be located elsewhere, will normally be permitted, provided detrimental to important nature conservation interests will it is sited to minimise environmental impacts and meets not be permitted unless the harm caused to the value of high standards of design. those interests is clearly outweighed by the need for the development. Where development is permitted the loss of conservation interest should, where practicable, be Policy 13 : The Rest of the Countryside minimised.

In the areas not covered by Policies 11 and 12, development will normally be permitted which in its use, Policy 18 : Nature Conservation Interests of siting, scale and design is well related to existing International Importance developed areas of the countryside and does not harm distinctive features of local landscape significance. In the Development and other land use changes which are undeveloped open countryside development will not detrimental to nature conservation interests of normally be permitted except when it is required to meet international importance will not normally be permitted. local infrastructure needs which cannot be located Exceptions will be made only: elsewhere, and provided it is sited to minimise i. Where an overriding public interest can be environmental impacts and meets high standards of demonstrated to outweigh the international design. conservation interest, and

Policy 14 : Coalescence of Settlements ii. Where the need for the development or land use change cannot be met in other locations Development will not normally be permitted where would where they would be less damaging or by result in an unacceptable reduction in the separation of reasonable alternative means. towns and their surrounding settlements.

Policy 19 : Agricultural Land

The best and most versatile agricultural land will normally be protected from development.

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Policy 20 : Mineral Resources Policy 26 : Sites and Building of Architectural, Historic or Archaeological Importance Development will not normally be permitted which sterilises mineral resources that may need to be worked Development and other land use changes which fail to in the future. preserve or enhance the character or appearance of Conservation Areas or which damage, obscure or remove important archaeological sites or other historic features, or Policy 21 : Hazards and Emissions are detrimental to the character or setting of a Listed Building or Ancient Monument will not normally be Development will not be permitted which, through permitted. emissions to land, water or the atmosphere or by noise, vibration or risk of accident, exposes workers or the public to undue hazards, nuisance or has an effect on Policy 27 : Open Spaces health, or has a significant adverse effect on the natural environment. Areas of public and private open space or other amenity land which contribute to the quality of the built environment will normally be protected from development. Policy 22 : Water Pollution

Development and other land use changes will not be Policy 28 : Derelict and Run Down Land permitted which results in the discharge of inadequately treated sewage or effluent which have a damaging impact Proposals for the reuse or improvement of derelict land or on the water quality or water courses, groundwater, lakes other unsightly or contaminated areas will normally be or sea. encouraged and, where appropriate, proposals for development or the use of land for amenity, nature conservation or other socially beneficial purposes will Policy 23 : Development of Unstable or normally be permitted. Contaminated Land

Proposals for the development of potentially unstable or Policy 29 : The Urban Fringe contaminated land will normally not be considered without a satisfactory site investigation and appropriate measures The urban fringes, particularly in West Cumbria and to remedy any identified hazards. Furness, will be upgraded through improvements to the landscape, wildlife habitats and public access and where appropriate by proposals for well designed woodlands, Policy 24 : Flood Risk plantations and forests.

The erection of buildings or the raising of land, will not normally be permitted where there would be a direct risk from erosion or flooding, or be likely to increase the risk GUIDING DEVELOPMENT of flooding elsewhere. Policy 30 : The Scale of Housing Development

Policy 25 - The Quality of Development Land will be made available outside the National Parks for the following scale of housing development between The siting, appearance and landscaping of all new 1991-2006: development and alterations should aim to enhance the quality of the existing environment. It should be in Dwellings keeping with the local character of the townscape or landscape, be well integrated with the existing patter of Allerdale about 5000 surrounding land uses and, where appropriate, be in Barrow about 2500 keeping with the local vernacular tradition. Normally Carlisle about 6000 development should make proper provision for access by Copeland about 4000 disabled persons. Eden about 4000 South Lakeland about 6000

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Policy 31 : Five Year Supply of Housing Land Policy 37 : Employment Development in Rural Towns Sufficient housing land should be provided to ensure that, at any one time, there exists at least a five year’s supply Employment land to meet local employment needs and to of readily available land capable of accommodating encourage the diversification of the rural economy should building at a rate which will keep the supply of dwellings normally be available within or adjacent to all rural towns in line with the housing requirement for each District as and be in sympathy with their scale and character. set out in Policy 30. Policy 38 : Employment Development in Rural Policy 32 : Land for Affordable Housing on Large Areas Sites In rural areas, the development or conversion of premises On large housing developments some provision should for small scale employment uses will normally be normally be made through negotiation for affordable permitted, except where there is a damaging impact on housing to meet proven local needs. the local environment or in the case of new development where the proposal is in the undeveloped open countryside. Policy 33 : Range of Employment Sites

Sufficient employment land will be provided to ensure that Policy 39 : Diversification of the Economy in in each District, subject to Policies 39 and 41 there exists National Parks at any one time a minimum of a five year supply of readily In the National Parks the rural economy will be diversified available land in each of the following market sectors: and fostered in a manner compatible with the environment and needs of local communities by: i. business park i. land allocations in the larger settlements ii. strategic employment site for industrial and business uses;

iii. local employment site ii. normally permitting small scale developments or conversion of premises in larger Policy 34 : Protection of Employment Sites and settlements and villages for industrial and Buildings business uses; iii. permitting, as an exception to normal Permission will not normally be given for the policy restricting development in the open redevelopment or use for other purposes of employment countryside, the conversion of traditional sites or buildings which already exist or are identified in buildings (other than isolated buildings) to Local Plans. provide workshops, particularly in association with farm diversification; Policy 35 : Expansion of Existing Industrial iv. the application of Policy 34 to retain sites Premises with existing industrial and business uses and to protect land allocated for those purposes; Policy Expansion of existing industry on to land adjacent to 35 to allow expansion of existing industrial existing industrial premises will normally be permitted premises where this can be achieved without subject to appropriate safeguarding of amenity, public significant adverse impact on the Park; and safety and the environment. Policy 36.

Policy 36 : Development and Infrastructure Policy 40 : Housing in Rural Settlements outside the National Parks and AONBs Development will not normally be permitted where there is insufficient capacity in the service or transport In rural settlements outside the National Parks and infrastructure. Permission may be granted where AONBs, housing development will normally be permitted, satisfactory improvements can be made at the especially where it would help to sustain the existing local developer’s expense. community, and provided it is insympathy with the scale page 140 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix J and character of the existing settlement. Outside rural normal policy restricting development, the conversion of settlements, new dwellings will normally only be permitted traditional buildings (other than isolated buildings), will for those engaged in agriculture where such a dwelling is normally be permitted under the same circumstances. essential for the working of the farm. Appropriate agreements or secure arrangements will be required, except in the case of individual infill plots in the Policy 41 : Housing and Employment larger settlements, to ensure the occupancy of new Development in AONBs dwellings and conversions is confined to local persons.

Housing and employment development within AONBs will normally be permitted provided it is: Policy 43 : Housing in the Yorkshire Dales National Park i. small in scale and compatible with the needs of local communities, and Within that part of the Yorkshire Dales National Park in Cumbria, new housing development will normally only be ii. within or immediately adjacent to existing permitted within the larger settlements and will be limited settlements, except where essential for the to sites on which development would not be detrimental to working of a farm or involving a conversion of a the character of the built environment nor its setting in the traditional building for employment uses, landscape. Elsewhere new housing development will not be permitted unless there is an essential housing need in iii. in sympathy with the character of the a specific location that cannot reasonably be met in any settlement and maintains the natural beauty of other way. Conversion of traditional farm buildings to the landscape. residential use will only be permitted within settlements or groups of buildings with an existing residential content Policy 42 : Housing in the Lake District National and where the new dwelling would not change the Park predominantly agricultural character of the group.

Within the larger settlements and villages of the Lake District National Park new residential development will Policy 44 : Exceptional Permission for Affordable only be permitted if: Housing

i. the site lies within the boundary of a larger The small scale development of affordable housing to settlement or is well related to an existing village, meet proven local housing needs may be permitted as an and exception to normal planning policies. Adequate arrangements for the management of the development ii. the development is not detrimental to the must have been made to ensure that the houses remain character of the built environment nor its setting available on an affordable basis for local needs in in the landscape, and perpetuity.

iii. with the exception of individual infill plots in the larger settlements, the development is Policy 45 : Major Town Centres proposed to meet a proven housing need in the locality. The long-term viability and vitality of the major town centres of Carlisle, Workington, Whitehaven, Barrow-in- In the open countryside new dwellings will not be Furness, Kendal and Penrith will be secured through the permitted unless there is a proven and essential need for promotion and favourable consideration of proposals: accommodation (normally for a worker in agriculture) that cannot be met in any other way, and provided that the i. for new and redeveloped shopping dwelling may be appropriately located and designed floorspace, especially for comparison durable within or adjacent to an existing farmstead or small group goods, of houses or buildings, and not in an isolated location. ii. for new professional, finance, leisure and Appropriately designed proposals for the residential tourism services and facilities, conversion of traditional buildings in villages will normally be permitted if such conversions meet a proven housing iii. which create a safer and more attractive need in the locality and do not prejudice employment environment where pedestrians and cyclists have opportunities. In the open countryside, as an exception to priority,

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iv. which improve access public transport, iv. are situated where additional traffic can be provide delivery facilities and appropriate car satisfactorily accommodated within the parking, and surrounding road network, and

v. which enhance the appearance and v. will not harm the visual character of the distinctive character of the centre. area or the amenities or adjoining land uses.

Policy 46 : Other Town Centres Policy 50 : Tourism and National Parks

In the centres of smaller towns and secondary shopping Tourism development within or affecting the National centres development will normally be permitted where it is Parks will only be permitted when it does not conflict with appropriate to the scale and character of the local centre. the quiet enjoyment of the area, is of a character and A safer and more attractive environment will be provided scale which respects the quality of the environment and for local residents, shoppers and visitors by the does not introduce inappropriate activities or significant introduction of pedestrian areas, improved traffic additional numbers of visitors likely to have an adverse management, appropriate car parking and delivery impact on the site or surrounding area. In particular: facilities. i. major new proposals for additional holiday accommodation and for tourist attractions Policy 47 : Traffic Management and Public unrelated to the purpose for which the parks are Transport designated will not normally be permitted;

In towns the adverse impact of traffic on the environment ii. the quieter areas and particularly sensitive and on amenity will be reduced through the introduction localities of the Parks will be protected from or extension of measures to reduce, restrict and control development and increases in use which would traffic, including traffic calming, and by giving higher be detrimental to their special qualities; priority to public transport, the pedestrian and the cyclist, while respecting the need for access by disabled persons. iii. development to cater solely for peak recreational demands, or which has a material Policy 48 : Road Improvements in Towns adverse impact on quieter period by virtue of its physical impact or the additional use it generates New road building and other road improvements will not will not normally be permitted. normally be undertaken in or around towns except where essential for desirable new development or in the Policy 51 : Traffic in the National Parks interests of road safety or to secure significant environmental benefits. In the National Parks, traffic congestion and the environmental impact of vehicles will be reduced by traffic Policy 49 : Large Retail Stores management and improvements to public transport. Such measures will have regard to the environmental qualities Large stores and retail warehouse developments with of the Parks and the needs of local residents and visitors large adjacent customer car parks will only be permitted including those not using private cars. where they: Policy 52 : Tourism Outside National Parks i. have an essential requirement to transfer bulky customer loads from store to car, and Tourism development will normally be favourably considered outside National Parks, especially where there ii. are located within or on the periphery of is a need to diversify the local economy and the towns and are widely accessible by public development would benefit the local community. Any transport, and development should in its nature, siting, scale and design:

iii. are of a scale which will not seriously i. be sensitive to the character of the affect the viability, vitality or regeneration of any surrounding landscape or townscape, and to town centre, and other important areas or features of conservation

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value, and - in AONBs a case can be made in the national interest and all reasonable alternative locations ii. have no significant adverse impact on the have been explored and shown to be amenities and character or nearby communities, unacceptable. and

iii. not create undue nuisance from traffic, Policy 55 : Fossil Fuel and Nuclear Power especially on quiet, rural roads, and Stations

The development of new fossil fuel or nuclear power iv. within AONBs give special consideration generation capacity in or affecting Cumbria will not be to the conservation of their natural beauty. supported unless:

Policy 53 : Providing Playing Space i. it is not within or adversely affecting an area or feature of international or national Recreation land and facilities will normally be: conservation importance, and

i. provided to an appropriate standard in ii. consequential impacts from the new residential development and in areas where development, including those from new or shortfalls exist; reinforced overhead lines are considered alongside the proposal and found to be ii. protected from development in areas acceptable, and where a shortfall can be demonstrated. iii. any adverse consequences for the local, national and global environment are outweighed Policy 54 : Major Projects by the benefits arising from the contribution to meeting national energy requirements, and Major developments which are more national than local in character and have significant environmental effects will iv. environmental emission standards, safety only be permitted where: and security are ensured in consultation with the regulators, and i. the sum of national, regional and local benefits is shown to clearly outweigh any harm or v. any proposal for a new nuclear power risks to the local or wider environment, and station identifies acceptable principles for decommissioning and site restoration. ii. the proposed scheme will be carried out in such a matter as to cause the least practicable Policy 56 : Renewable Energy Proposals harm, and

Renewable energy developments which will have no iii. direct and indirect adverse impacts during significant adverse impact on the environment, landscape construction and during operation (including or local communities will normally be permitted. those from the winning and working of construction materials, the disposal of waste and Renewable energy developments which will have their transportation) are minimised, and significant adverse impacts will only be permitted if this impact is outweighed by the energy contribution and other iv. they do not harm areas or features of benefits including reducing pollution. international or national conservation importance except where it can be demonstrated that the Large scale proposals for renewable energy value of the benefits that would arise clearly developments within or affecting the National Parks and outweigh the international or national other areas and features of international or national conservation value of the interest affected, and in conservation importance will be considered under Policy addition: 54.

- in National Parks a case can be made in the Any proposal for a tidal barrage will only be acceptable if national interest and all reasonable alternative it can be demonstrated that there are such substantial locations and methods of satisfying the need economic or other benefits that they clearly outweigh have been explored and shown to be damage to internationally or nationally designated unacceptable; habitats and to the landscape of the affected estuary.

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Policy 57 : Nuclear Waste Reprocessing and Policy 59 : Mining and Quarrying in National Disposal Parks and AONBs

It is the policy of the County Council that any new In National Parks and AONBs proposals for the development concerned with the reprocessing, storage or development of new mines or quarries will be considered final disposal of nuclear waste will not be permitted under Policy 54. Expansion of existing facilities or unless: reworking of spoil will only be permitted where it is clear the development can be achieved without adverse i. it is demonstrated to cause the least impacts on the landscape or surrounding area and there overall damage to the environment in terms of are demonstrable benefits arising from the continued location and technology, and working. In any developments the production of waste should be minimised, and that produced dealt with in an ii. the safety, security and the environmental environmentally acceptable manner. consequences have been fully examined and shown to be acceptable, and Policy 60 : Disposal of Waste iii. infrastructure exists or will be provided to meet the requirements of the project having Adequate sites should be provided for the disposal or regard to the needs of the site as a whole. wastes arising within the County. Planning permission for waste disposal facilities will not be granted where the Where new or improved communications are required proposal has adverse effects on local communities or on they should be in place for both the construction and the environment, or where the infill and restoration of operational phases of the project, and existing sites would be seriously prejudiced.

iv. there is no adverse impact on the social Policy 61 : Recycling of Waste and economic well being of West Cumbria and the Lake District National Park, and Proposals for developments which minimise waste production or which recycle, re-use or otherwise utilise v. it is located on land in the vicinity of the waste materials will be favourably considered in existing Sellafield licenced site or, where related appropriate locations subject to the criteria in Policy 60. directly to the disposal of low level waste, within the Drigg licensed site, and Policy 62 : Restoration of Minerals and Waste vi. harm to the visual character and amenity Disposal Sites of the area is minimised, and Strict conditions will be imposed on all permissions for vii. the proposals identify acceptable mineral extraction and waste disposal to ensure their full principles for decommissioning and site restoration to an acceptable use. A progressive scheme to restoration. restore land at the earliest opportunity will be required wherever practicable. The creation of diverse and Policy 58 : Extraction of Minerals attractive landscapes, including water areas and woodland to enhance nature conservation and recreation Land should be made available outside National Parks interest will be favourably considered. and AONBs for mineral working to maintain an adequate supply of minerals to meet local, regional and national needs, taking into account the opportunities for the use of IMPROVING COMMUNICATIONS waste materials as a practicable alternative. Planning permission for mineral extraction will not be granted where there would be a significant adverse effect on local Policy 63 : Inter Urban Roads communities and the environment. For non-energy minerals the need for the mineral will also be normally Key routes which provide for long distance inter urban considered. transport should be improved by the year 2006. The improvement of each route should be comprehensively planned and rigorously assessed against the environment and other relevant policies in the Plan. page 144 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 Appendix J

The key routes to be improved are: Policy 67 : Roadside Service Facilities

• Between the M6 and the West Cumbria Roadside service facilities on the Primary Road Network and Furness areas (A590, A66, A595/A596/A5092) will normally be permitted where:

• Between Cumbria and the North East and i. they are outside the National Parks and West Yorkshire (A66, A69, A65) AONBs, and • Between Cumbria and Scotland (A75, A7) ii. they are complementary to existing on- route facilities and those in by-passed Policy 64 : Major Road Construction Programme settlements on the route, and

It is the policy of the Department of Transport and the iii. they are spaced at appropriate intervals County Council that during the first part of the plan period along each route, and a programme of major road improvements schemes (as detailed in Schedule 2 to this Plan) is expected to be iv. they do not harm local amenity or constructed. Where and when known the lines of route environment or the visual character of the area. will be safeguarded from development.

Policy 68 : Port and Airport Facilities Policy 65 : Design of New Roads Development proposals which enhance the viability of New and improved roads will be integrated into their ports and airports in the county will normally be permitted. surroundings by means of: Improvements will be made to road access, particularly to i. a choice of route which minimises the the ports of Workington and Barrow-in-Furness and to impact on the environment and property, and Carlisle airport.

ii. a standard of design appropriate to the principal function and environment of the road in Policy 69 : Public Passenger Transport question, and Long distance and commuter passenger flows should be iii. the use of materials and planting handled by rail and road public transport services appropriate to the character of the surrounding wherever possible and appropriate in order to minimise area, growth in road traffic. The transfer of traffic to and between these modes will be encouraged by supporting iv. keeping permanent land take to the proposals for improved services, infrastructure and minimum consistent with good landscape design. passenger facilities and for more and better interchange arrangements. Policy 66 : Roads in National Parks and AONBs

In the National Parks and AONBs: Policy 70 : Rail Freight

i. all roadworks will be undertaken with full Large flows of bulk commodities and all dangerous regard to the importance of the environment of materials should be transported by rail wherever possible the National Parks and AONBs and in sympathy in order to reduce the growth in heavy goods haulage by with the character of the area through which the road and to reduce the possibility of serious damage to road passes; the environment. Steps to facilitate this should include:

ii. the character of unimproved roads within i. the location of new development the National Parks and AONBs will be retained generating such movements on sites where this subject to the need to address significant road traffic can be handled by rail freight services, and safety hazards; ii. the favourable consideration of proposals iii. the creation of new roads or the for interchange facilities between road and rail upgrading, of existing roads will not be permitted and for the rail freight servicing or existing unless it is shown there is a compelling need industry.Appendix K : which cannot be met by reasonable alternatives.

South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007 page 145 Appendix K

Appendix K : The application of development control policy is different Development in Relation to to that for the core network. Any issues of congestion will be dealt with after agreement with the local highway Trunk Roads authority unless these relate to congestion on the core network from developments accessing the non-core trunk FOR MOTORWAYS road. Directions under the General Development Procedure Order 1995 relating to safety. In other cases, The Department of Transport, Local Government and the the Agency will put concerns in the form of a letter Regions has a strict policy of not allowing direct access advising the local planning authority. from private development to motorways or motorway slip roads unless the development relates to motorways service areas (with the exception of dual five lane standard) motorway maintenance compounds, or exceptionally, other inter modal transport infrastructure. The Secretary of State will direct LPA's to refuse planning permission for planning applications whose access arrangements breach this policy.

ALL-PURPOSE TRUNK ROADS (APTR)

On APTR's it is clear in general to restrict the formation of new accesses to them if they are to continue to perform their function as routes for the safe and expeditious movement of long distance through traffic. In particular, strict policy is appropriate to high quality stretches of rural trunk road, and to trunk roads of near motorway standard inside and outside urban areas.

Where a development is likely to generate a material increase in traffic (as defined in PPG13) either by an existing access (whether direct or via a local road) or by an otherwise acceptable new access to a trunk road, which would result in the access, or the main line of that trunk road, becoming overloaded, the Secretary of State would normally advise (but, if necessary, direct) the LPA to refuse the planning application. Alternatively, if improvements to the existing or proposed new access could be designed, consistent with the Secretary of State's 15 year design horizon to provide the additional design capacity, and trunk road conditions up and down stream of that access are left no worse off than if the development had not taken place, the Secretary of State could advise (or again, if necessary, direct) the LPA to impose conditions on any planning permission that the development should not occur unless and until those improvements have been carried out.

The Highways Agency would thus not expect to object to developments consistent with the Local Plan, subject to the completion of any highway works which it considered necessary and acceptable in relation to the trunk road network.

page 146 South Lakeland Local Plan 2006 & Alterations : Final Composite Plan : March 2007