Derby City Local Plan Part 2

Issues and Options

Consultation Report

May 2018

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Contents 1 Introduction 1 2 How was the Consultation Carried Out? 2 3 Summary of Responses 3 Issues and Options Document 4 Delivering High Quality Places 8 • Amenity and Quality of Life • Adverts, Signage and Shopfronts Regeneration 13 • City Centre Regeneration Sites • Friar Gate/Slack Lane regeneration Area Housing 23 • Meeting Residual Housing Need/Allocating Further Development Sites • Gypsy and Traveller Sites • Saved CDLPR Allocations • Saved CDLPR General Housing Policies • Self/Custom Housebuilding • Accessible and Adaptable Homes Delivering a Sustainable Economy 49 • Meeting Employment Land Needs • Markets • Shopping • Derbyshire County Cricket Ground • Pride Park Leisure Hub Green Infrastructure 59 • Proposed Open Space • Outdoor Recreation • Supporting Local Sports Clubs • Cemeteries • Mickleover/Mackworth Green Wedge Heritage 66 • Heritage Development Management Policies • Tall Buildings • Heritage at Risk Learning, Health and Community 76 • Health and Wellbeing • Hospitals • Former Derby Canal • Hot Food Takeaways • School Uses Transport 87 • Protected Routes • Air Quality • Parking Standards

• Park and Ride • Bus Station Extension • Electric Vehicle Charging • Access and Servicing Other Development Management 99 • Enforcement • Telecommunications • Contaminated Land and Pollution • Aerodromes • Other Saved CDLPR Environment Policies Making it Happen 103 • OCOR ‘Tariff’ Appendix A 105 • Green Infrastructure Issues and Options Sustainability Appraisal Scoping Report 105 Face-to-Face Discussions 107 Appendix 1: Publicity Material 109

1. Introduction

The Issues and Options consultation is the first stage in the preparation of the Derby City Local Plan Part 2. The aim of the consultation is to seek people’s views on a number of diverse subjects prior to developing detailed policies in the Draft Plan.

The consultation material comprised of two documents, the Issues and Options Consultation Document and the Sustainability Appraisal Scoping Report. Comments were sought on the content of both documents.

The Part 2 Plan is intended to provide more detailed Development Management policies to guide planning decisions, review the remaining saved policies and allocations of the City of Derby Local Plan Review and allocate further smaller, non-strategic sites to ensure that our development needs are met.

The Sustainability Appraisal (SA) is a mechanism for considering and communicating the likely effects of any policy approaches, and alternatives, in terms of sustainability issues, with a view to avoiding and mitigating adverse effects and maximising the positives. The preparation of an SA for the Part 2 Plan is a legal requirement.

The City Council produced the following documents as part of the Regulation 181 consultation which started on Wednesday 28 February 2018 and ended at 5pm on Friday 13 April 2018.

The consultation material comprised of the following documents:

• Issues and Options Consultation Document • Issues and Options Information Sheet • Issues and Options Sustainability Appraisal Scoping Report • Comments Form

1 http://www.legislation.gov.uk/uksi/2012/767/regulation/18/made

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2. How was the consultation carried out?

The consultation accorded with the requirements of the Council’s adopted Statement of Community Involvement2.

The following is a brief description of the methods used to publicise the Derby City Local Plan Part 2: Issues and Options consultation:

• The consultation documents were made available on the Council’s website, in local libraries and at the Council House Reception • Before the consultation started a letter or email was sent to everyone on our consultation database. The database contains the contact details of the specific consultation bodies, businesses and members of the local community who have expressed an interest in engaging with the Local Plan process. • Emails were sent to Chief Officers and Councillors informing them that the consultation had started. • The consultation was publicised through the City Council’s Neighbourhood Forums and the Diversity Hub. A Briefing Note was published to help members of both groups understand the objectives of the consultation • Colleagues in Leisure Services informed their 52 contacts in Active Derbyshire and asked them to disseminate the information across the clubs and organisations who are registered with them. • The consultation was discussed at a meeting of the Conservation Area Advisory Committee • A note was prepared for, and circulated amongst, the Derbyshire Air Quality Working Group • The consultation was publicised through the Council’s ‘Your City, Your Say’. • The consultation was publicised through the City Council’s “In-Touch” staff bulletin. An article publicising the consultation was included in the e-shot on the 5 March 2018, 12 and 19 March 2018. • An article about the consultation was issued through the Derby Newsroom • An article about the consultation was highlighted in a newsletter produced by the Liberal Democrats and distributed to every household in the Littleover ward. • The consultation was publicised through social media • Officers were available every Tuesday throughout the consultation period at the Council House to discuss any aspect of the consultation with the public.

2 https://www.derby.gov.uk/media/derbycitycouncil/contentassets/documents/reports/localdevelopmentfram ework/Revised_SCI_Adopted_July_%202017.pdf

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Appendix 1 contains copies of all of the material produced to publicise the consultation.

3. Summary of responses

The following section contains a brief summary of the points raised through the consultation, either through the submission of comments or verbally. A response from the Council follows each comment.

To accord with the Council’s consultation policy, comments made by Statutory Bodies, partner organisations, developers and planning agents have been attributed; responses made by members of the public are not attributed to any one individual.

In total, 46 respondents submitted 272 comments.

The Issues and Options consultation document prompts the respondent to consider a number of questions relating to a specific subject; for ease of understanding any responses, these questions are included at the top of the summary tables and, where appropriate, the specific question number is noted as part of the response.

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Issues and Options Document General Comments Respondent Comment Response

Amec Foster Reviewed the consultation document and can confirm that The comment from the National Grid are welcomed and noted. Wheeler on behalf National Grid has no comments to make in response to this of the National consultation Grid

Breadsall Parish The Parish Council stated that previous concerns raised The previous concerns raised by the Parish Council have been Council about proposed development located adjacent to the parish; acknowledged and considered in both the preparation of the Part 1 concerns which have not been acted upon. Local Plan, including at the examination of the plan by an independent Planning Inspector, and any subsequent planning Therefore, the Parish Council have stated that they will not applications. be commenting on the Local Plan Part 2 but that this does not be taken as agreement to the plan. The Council recognises that it could appear that the views of the Parish Council haven’t been taken into account but it should be recognised that every decision in the planning process is made based on a number of conflicting views, supporting evidence and the need to provide development sites to meet our housing needs.

To ensure that we meet the Duty to Co-operate we will continue to engage with the Parish Council in the preparation of the Part 2 Local Plan.

Nottinghamshire The County Council have no comment to make at this stage. The comment from Nottinghamshire County Council are welcomed County Council and noted.

Derbyshire County It is of concern that the Southern Derby Growth Zone The Derby specific elements of the SDGZ are already covered by Council proposals have not been specifically included within the DCLP1 policies AC16 – Derby Aerospace Campus and AC18 Wragley Local Plan Part 2 consultation as a key strategic cross Way. The need for an additional policy to cover the delivery of boundary growth site. Although it is acknowledged that the infrastructure related to the wider Southern Derby Growth Zone will

details of the Growth Zone proposals are currently be monitored as the proposals develop. emerging, including the provision of a new A50 junction and associated link road to Infinity Park, the broad extent of the proposed Growth Zone and key elements of its delivery set out above should have been set out in the consultation document. Derbyshire County Derby City Council need to ensure that any developments Policy MH1 of the DCLP1, along with the Council’s adopted s106 SPD Council which have an impact on Aston Division & South Derbyshire give the mechanism and guidance for requiring such contributions. should link with their plans to include any potential section 106 funding for infrastructure projects covering mainly highways (infinity Park) and Education (new secondary school).

Derbyshire County A contribution or creation of a new funding pot towards a As the DCLP2 is dealing with Development Managements Polices Council new Swarkestone Bridge infrastructure across the Trent and smaller sites, it is not appropriate to consider this kind of Valley floor is needed. strategic infrastructure. This will be for the next plan period, should transport evidence at the time support this.

Derbyshire County There should also be a plan to promote the new access link See above. Requirement for policy will be monitored. Council to the A50 from the Infinity Park / Garden Village in the Part 2 Plan. This is already contained in the proposals and local plan for Derbyshire County Council and South Derbyshire District Council.

Derbyshire County Where secondary school provision is provided, leisure As the new secondary school is to be located on land wholly within Council facilities such as sports and swimming facilities should be South Derbyshire, this is not a matter for the DCLP2. incorporated into the school site plan and adequate land requirements are needed with some flexibility for any future expansion.

Derbyshire County A joint plan to replace the not fit for purpose railway bridge Transport modelling undertaken to support the delivery on the Council on Stenson Road into Littleover from Stenson Fields is current South Derbyshire Local Plan and the DCLP1, demonstrated needed to allow two way traffic would alleviate future that making this bridge 2 way actually attracts more traffic to the

potential congestion problems where there is already clearly Stenson Fields area, rather than allowing less constrained access an increase in housing developments in this area. into the City. Suggest that the modelling being undertaken to support infrastructure development in the Southern Derby Growth Zone should inform the any additional work to the City road network. Not a matter for the DCLP2.

Derbyshire County Where developments join between South Derbyshire and The aim of the three Derby HMA authorities is to create a safe, high Council Derby City should include a clear definitive open green space quality urban environment. With this in mind, the Local Plan Part 1, to show where the Boundary line is to avoid any confusion. Policy CP1(b) – Placemaking Principles for Cross Boundary Growth sets out the policy requirements to help achieve this. The Council consider that the provision of open space is an important element of any new development; helping to create an attractive and healthy environment which is accessible to everyone rather than creating a distinct boundary between development in each local authority.

Derbyshire County Any developments impacting on Boulton Moor & Elvaston The policy for Boulton Moor (AC23) is already set out in the DCLP1. Council should show section 106 contributions towards Elvaston Should the detailed proposals for development at this site be proven Castle restoration work as residents from Derby City visit to impact on Elvaston Castle, the need for a s106 contribution to these facilities and not just from Derbyshire. deal with this can be requested as part of the detailed planning application.

Derby City Council Drying clothes takes a lot of energy, so getting the sun to do The comment is noted. Councillor this for us cuts energy use and carbon footprints – and it outside reduces damp problems too. Flats used to come with balconies which could be used for this purpose, but the Juliet variety is not so good for this! Car ports can double as drying areas, with the advantage of not needing to be there to rescue clothes if it rains. How can the tight ventilation requirements for homes be balanced with damp clothes? We should be challenging designers to come up with solutions which work for modern Britain.

Derby City Council As our electricity network gets smarter the grid is likely to The comment is noted. Councillor start paying a premium for power generation when in short

supply, not just in total. When this happens it won’t be just southerly roofs that provide a good return on investment for PVs, but also east and west-facing ones. Even if houses aren’t built with PVs in place, this means that roof designs should be clear of clutter to make it easier to retrofit a maximum array of panels, and avoid shading from chimneys or dormer windows.

Derby City Council With both a car club (Co-wheels) and electric cycle hire The comment is noted. Councillor (ebikes Derby) available, Derby is able to offer a good choice of for environmentally friendly travel. People are more likely to change travel mode when other things change (like moving house). Paying by the mile (or hour/minute) for your car means that it makes financial sense (as well as environmental sense) to choose to walk, cycle or take the bus rather than drive, thereby encouraging modal shift. These savings can be recycled into housing investment. We could therefore encourage car club membership as an option as part of new house purchases, with road layouts accommodating car club parking.

The Coal Authority The Authority’s records show that the City has no surface The comments from The Coal Authority are welcomed and noted. coal resource and no records of risk from past mining activity. Therefore, the Coal Authority has no specific comments to make at this time.

Network Rail Other than consideration of the Green Wedge in the The merits of releasing the land referred to by Network Rail will be Mickleover/Mackworth area there is no discussion or debate considered through an update to the Green Wedge Review, which on the question of the suitability of the current Green will be used to inform the draft Part 2 Plan. It should be noted that Wedge designations. Network Rail notes that the the release of additional Green Wedge land will be considered in the consultation document mentions that updated evidence will context of DCLP1 policy CP18 and promoted sites will only be be presented on the Green Wedge, supporting the released where demonstrably needed to meet development needs preparation of the Part 2 Plan. and are considered to be deliverable.

Network Rail concludes by requesting that the Council consider previous representations about reviewing the Green Wedge boundary in the vicinity of Chaddesden Sidings.

Environment The sites detailed within Part 2 will need to ensure that they Agree with the comment and any site selection process will be Agency follow the policy principles of DCLP1 Policy CP2 as well as informed by the Council’s Level 1 Strategic Flood Risk Assessment. following the requirements of National Policy in the form of the National Planning Policy Framework (NPPF) from a flood risk perspective.

Delivering High Quality Places Amenity and Quality of Life Questions Q1a.1 Are there any considerations relating to amenity that should be added to the new policy that are not already covered by GD5? Q1a.2 Do you agree that the objectives underpinning H16, E17 and E24 are already adequately covered by the DCLP1 and / or can be covered by non-statutory design guidance and therefore these policies can be deleted?

Respondent Comment Response

Derby City Council Houses in most streets are set back from the highway, with a The comment is noted. This is an issue which could be explored in Councillor small space or a large front garden. If the space is very small the Council’s emerging Design Guide which will identify a number of there is little desire for a high wall which would cut out light preferred approaches the Council would like developers to consider. from rooms at the front of the house, but with larger front gardens this is not a problem. However, if householders There may be opportunities in new Part 2 policies to set out further build high walls along the highway boundary it changes the more detailed policies relating to quality of residential development nature of the road for highway users, neighbours and others. including space around dwellings. There is less of passing interest for people walking to

observe, the road appears narrower, pollution (including noise) from traffic is more contained within the smaller space. Although a similar appearance can be achieved with a tall hedge, this is more easily reduced in height or removed than a built structure. There can be a creeping effect of high walls in an area; one might bring variety, but many will change the nature of the area and once we start building.

Derby City Council The desire for higher density building has pushed house- The comment is noted. This is an issue which could be explored in Councillor building upwards to three or even four storeys. These bring the Council’s emerging Design Guide which will identify a number of complaints from nearby residents of shading and over- preferred approaches the Council would like developers to consider. looking and general massing. In the past it was common for In addition, the amenity of existing residents is considered in the homes to be built with cellars, then often to aid storage of determination of every planning application; the Part 2 Plan will food or fuel, but now we could build dry and attractive contain an updated amenity policy which will help to address any basements as an alternative to that third or fourth storey. issues. Could we encourage that?

Derby City Council Sunlight is free and apparently good for health, so we should The comment is noted. The Part 1 Plan includes policy CP2 Councillor be being imaginative about allowing light into buildings, for ‘Responding to Climate Change’ and this seeks sustainable design example with borrowed light windows for internal spaces and construction of homes. and ‘light pipes’ being incorporated into buildings.

Conversely we need to use good design to avoid overheating in summer to minimise the need for active cooling of buildings.

Derby City Council Q1a.1 Is our guidance on hedgehog holes in The Council currently does not have any guidance on this subject Councillor fencing/walls and incorporating bat and bird however the merging Design Guidance could explore this issue nesting/roosting boxes into structures up to further, in the context of enhancing biodiversity. The Part 1 Local date? Do we expect nature friendly planting Plan, Policy CP19 does recognise the importance biodiversity plays schemes, and planting of food plants like fruit and does seek to ‘ensure that development will protect, enhance and nut trees? and restore the biodiversity and geodiversity value of land and buildings’.

Natural England Q1a.1 Natural England recommends the policy should The benefits of green infrastructure and associated biodiversity are consider how a network of biodiversity and green already recognised in the Part 1, namely policies CP16-19. An infrastructure can be planned positively with the amenity policy in the Part 2 is likely to be a development creation, protection, enhancement and management style policy, similar to GD5, used for assessing the management of areas of amenity. impact of proposals as opposed to encouraging the incorporation of GI and biodiversity.

Persimmon Homes Q1a.1 We do not believe that there are any other The comment is welcomed and noted. North Midlands considerations that should be added.

Turley on behalf of Q1a.1 No, there are no considerations relating to The comment is noted. A new amenity policy in the Part 2 is likely to Miller Homes amenity which should be added to the new set out general principles as opposed to being overly prescriptive. policy, which are not already covered by saved CDLPR Policy GD5.

Policies should be drafted to provide sufficient flexibility so that they allow development proposals to respond appropriately to site specific constraints and do not compromise good design.

Overly prescriptive could have a negative impact on the viability of developments, which in turn could prevent or delay the delivery of new housing.

William Davis Q1a.1 Whilst William Davis supports the preferred Criterion (d) of H13 relates to the provision of a high quality living approach including the carrying forward of Policy environment and the creation of interesting townscape and urban H13 criterion d (minimum average residential forms. The criterion relating to density is (b). development density of 35 dwellings per hectare), for clarification any emerging policy Policy H13 will be deleted and any appropriate elements carried should state this must be applied to the net forward into new policies in the Part 2 Plan. This is likely to include a developable area for any given site and not the policy setting specific minimum residential densities as national

gross. This DCLP Policy was brought forward policy requires plans to set out minimum density standards. under the guidance of PPS3-Housing which determined residential densities to be applied to the net developable area.

Persimmon Homes Q1a.2 Policy E17 relating to landscaping schemes is not The comment is noted. It is felt that the Part 1 Plan Policy CP3 North Midlands dealt with specifically in DCLP1 which focuses ‘Placemaking Principles’ as well as the new Design Guide will provide more on green infrastructure (CP16) and Public enough direction on landscaping schemes. Green Space (CP17). Therefore, Persimmon suggests that the objectives outlined in E17 could be covered in the proposed design guidance document (as mentioned in DCLP1). However, should the objectives remain the same in future documentation, we recommend a caveat that conditions will be applied subject to meeting the 6 tests as noted in paragraph 206 of the NPPF

Persimmon Homes Q1a.2 Policy E24 (Community Safety) is referenced The comment is noted. North Midlands broadly in part c of DCLP1 CP3 'Placemaking Principles'. Again, as with E17 the main objectives could be elaborated on in more detail within the proposed design guidance document (mentioned in CP3). Currently Persimmon Homes works throughout the East Midlands using the voluntary Building for Life 12 guidance in order to produce schemes that satisfy the objectives as stated in E24 - guidance which can be used as an assessment to ensure consistency across the City in relation to community safety.

PD&G on behalf of Q1a.2 Yes. The preferred approach would result in a The comment is noted. JGP Properties Ltd simplified set of objectives already catered for by Part 1 of the Local Plan and as such have already

been through significant consultation and Examination.

Turley on behalf of Q1a.2 Agrees with the Council. The objectives The comment is noted. Miller Homes underpinning saved CDLPR Policies H16, E17 and E24 are adequately covered by the DCLP1 or can be covered by non-statutory design guidance.

Member of the Q1a.2 H16 (housing extensions) is not adequately Whilst the DCLP1 does not include a policy specifically related to Public covered by the DCLP1. CP3 and CP4 do not housing extensions, CP3 and 4 include generic principles that are mention housing extensions. The current applied to all forms of development. The policy framework provided widespread incidence of housing extensions by CP3 and 4 provides criteria for consideration in proposals for rather than people moving to larger properties residential extensions. The Council is considering including a new makes it essential to have a clear planning policy in the Part 2 Plan which seeks high quality residential framework for allowing extensions. H16 should development and this policy could include requirements for dwelling be retained. extensions. Adverts, Signage and Shopfronts Questions Q1b.1 Are there any other issues relating to the control of adverts that could be included in the policy? Q1b.2 Should issues relating to adverts, signage and shop fronts be combined into a single policy? Respondent Comment Response

Partnerships for Q1b.1 The PSiCA scheme in both the Cathedral Quarter The comment is noted. Better Business and St Peters Quarter areas has been extremely successful in regenerating units and bringing them back into use. However, a balance needs to be struck to ensure that policies on signage, advertising and shop fronts are not overly restrictive to development or ongoing commercial success whilst at the same time paying adequate respect to the appearance, character or setting of buildings.

Derby Civic Society Q1b.1 The Civic Society is happy with the existing The comment is noted. A dedicated policy relating to adverts, guidance on shop fronts as they apply to signage and shopfronts provides the opportunity to promote better Conservation areas but they should be made into design and quality of shopfronts both within and outside of a full blown policy. Conservation Areas.

The Civic Society consider that more should be done to promote better design and quality of materials used on shopfronts outside of the City’s Conservation Areas. This would ensure that they make a positive contribution to the street scene; and do not detract from the significance of heritage assets

Historic England Q1b.2 The preferred approach to a single policy for The comment is welcomed and noted. adverts, signage and shopfronts, for the reasons set out in the Issues and Options document, is welcomed.

Regeneration City Centre Regeneration Sites Questions Q2a.1 Should the Part 2 Plan seek to provide further guidance in relation to the development of regeneration sites within the CBD? Q2a.2 What issues should the Part 2 Plan cover in relation to the development of regeneration sites in the CBD?

Respondent Comment Response

Historic England In response to both questions, Historic England consider that The comment is noted. further guidance may be required with regard to the historic environment for specific sites that come forward for potential redevelopment as part of the Plan process.

Historic England recommends that its Good Practice Advice notes and Historic Environment Advice Notes is used to inform the process in order to ascertain whether any additional characterisation work, historic impact assessment or visual impact assessments are required as part of the Plan's evidence base:

https://historicengland.org.uk/advice/planning/planning- system/

The outcomes of such work would assist with informing any indicative masterplan work and development requirement criteria for the historic environment in relation to site specific policies to allow for the conservation, protection or enhancement of the historic environment, heritage assets or setting.

Partnerships for With a number of key regeneration projects taking place Agreed, the Local Plan Part 2 provides an opportunity to try and Better Business simultaneously, it is essential that these are co-ordinated coordinate the various regeneration projects that are either appropriately with consideration given to the impact that these already happening or are emerging. There is an opportunity to may have on existing businesses and organisations during all embed the projects within a coordinated strategy aimed at stages of development. The BID would be happy to help regenerating key opportunity sites in the city centre, within the facilitate this and ensure that all appropriate stakeholders have context of the framework already provided by relevant policies in the opportunity to be involved and are kept regularly updated the DCLP1. on progress.

Conservation Area Questioned if the City Council can facilitate the regeneration of The Part 2 provides an opportunity to embed enforcement into Advisory the City Centre sites and heritage sites without having an the statutory development plan, giving it a greater profile than it Committee enforcement policy, development briefs and clear guidance, in currently has. The Part 2 also provides an opportunity to provide place for developers to refer to. specific guidance in relation to key city centre development sites, including identification of site specific design principles.

Intu Q2a.1 Supports policies that encourage investment in Comments are noted. The DCLP1 sets the overall framework for the City Centre and considers it appropriate that directing investment in new retail development. Both CP12 and the City Centre ‘Core Area’ should continue to be AC2 identify the ‘Core Area’ as the sequentially preferable location the focus for non-food retail as set out in for new retail floorspace. The consideration of the adopted DCLP1 Policy AC2. appropriateness of locating new retail floorspace either on the edge of or outside the Core Area will be in the context of the However, It is noted that the four allocated policy framework set by the Part 1. regeneration sites identified in Policy 2a as possible ‘appropriate locations to focus new retail floor space’ are located wholly or partially within the ‘Central Business District’. It is understood this will be informed further by the recently commissioned Retail and Centres study. It is important that careful consideration is given to any retail uses focused beyond the ‘Core Area’ to ensure that it does not inadvertently undermine the vitality and viability of the Core Area.

Turley on behalf of Q2a.1 It is critical that the Local Plan Part 2 builds upon The suitability of promoted sites will be assessed through the Miller Homes the spatial approach adopted in the DCLP1 and SHELAA process and informed by technical evidence such as an allocates sites outside the CBD. addendum to the Green Wedge Review. The SHELAA will be published prior to the publication of the Draft Plan. Should the Council place an over-reliance on the regeneration of previously developed sites, there The residual housing requirement to be met through the Part 2 is a risk that if these sites are not delivered as will be informed by housing monitoring and updates to the anticipated in Council’s housing trajectory, the housing land supply position. Council will be unable to meet its housing needs and maintain and adequate land supply. Only once the SHELAA has been published and housing land position updated will it be possible to determine whether The Council should therefore be allocating additional greenfield sites will need to be allocated. sufficient sites outside of the CBD. In identifying potential sites to meet the city’s needs the Further assessment of Green Wedges will be carried out as part of

Council should review all sustainable options, the evidence base for the Part 2 Plan in the context of meeting including through a review of Green Wedges. housing and other development needs. However, the overarching Green Wedge policy set out in Part 1 CP18 established the principles of Green Wedges.

St James Securities Q2a.1 The flexible approach set out within the Part 1 The existing ‘saved’ CDLPR policy covering the Becketwell is now Plan is supported in relation to Becketwell and dated and needs to be refreshed. The Part 2 provides an the land and buildings at Victoria Street. The opportunity to provide new policy direction, highlighting the need respondent concludes that there is no need to for a comprehensive approach and setting out design principles, provide further detailed guidance/control but at the same time maintaining a degree of flexibility to ensure regarding the development of Becketwell. that the long overdue regeneration of the area can be secured. However, in response to Q2a.2 suggests that there is scope to introduce some positively framed encouragement for the delivery of certain forms of development.

Derby Civic Society Q2a.1 The Civic Society considers that the most The Part 2 provides an opportunity to specifically identify key challenging area is a swathe of land stretching regeneration sites within the area identified by the Civic Society, from Green Lane to Abbey St/Curzon St and such as the former Debenhams building and Duckworth Square. bounded by Macklin St in the South and Victoria However, it is acknowledged that a more comprehensive approach St and Wardwick in the North. They consider is needed in this area in order to deliver sustainable regeneration that a bold and comprehensive redevelopment of of the area. This can be reflected in a future policy. the area is needed. It is plagued by a combination of derelict sites, antisocial behaviour and rundown businesses.

Highlighted that they have published proposals for the complete redevelopment of the Green Lane/Becketwell Area which we have called the Joseph Wright Cultural Quarter.

Member of the Q2a.1 The Part 2 Plan should provide further guidance The Part 2 Plan is being developed in the context of the DCLP1 and Public for new development. Concepts which are good the NPPF, both of which have the concept of sustainable

for people and the environment will help the development running through them as a golden thread. This Council achieve its aims in promoting a healthy includes the need to balance environmental, social and economic and resilient City, support local farmers and considerations. reduce its carbon footprint.

Derby Civic Society Q2a.2 Supports the existing Assembly Rooms being re- Comment is noted. opened as a matter of urgency. In the longer term we should like the Council to support our plans for the regeneration of the Becketwell area which would see the Hippodrome refurbished as a 1,200 seat commercial theatre with a new Concert Hall being constructed on the nearby Duckworth Square site. The two venues could work together sharing one box office and creating Derby’s own Cultural Quarter with the nearby Museum.

The former art college could also be refurbished as additional performance or rehearsal space.

Partnerships for Q2a.2 The city centre lacks sufficient Grade A office Comments are noted. The loss of existing office space to Better Business provision and, as such, is losing expanding residential uses through conversion and the loss of potential new professional services to other areas of the City as sites to alternative uses is a recognised issue. There is a clear need well as missing out on the opportunity to attract to strike an appropriate balance between residential, office and businesses that could be the mainstay of the area other uses in the CBD to maximise vitality and viability and for years to come. We have seen potential office optimise sustainability. However, changes to permitted sites lost to residential developments in recent development rights mean that existing office space can be years and the number of viable sites is converted to residential use without the need to apply for decreasing. This needs to be addressed as a planning permission. This has undermined the ability of the priority. Council to manage the balance of uses in the CBD.

Partnerships for Q2a.2 As well as looking at key regeneration sites across Vacancy continues to be a significant issue in parts of the city Better Business the city centre, attention also needs to be given centre. In considering change of use proposals within primary

to existing stock and a full evaluation carried out frontages, the period of time a property has been vacant and the as to whether it is sufficient to satisfy the needs extent to which a unit meets modern needs are important of modern business. A prime example of this is material considerations to be taken into account. on St James Street in the Cathedral Quarter where a number of buildings have remained Redevelopment of individual units can be difficult where they empty for long periods of time. If redevelopment form part of a frontage. In many cases, impacts upon the historic is not considered feasible and tenants cannot be environment will be a key consideration and may limit the extent found then a decision has to be made on their to which individual buildings can be redeveloped in isolation of a overall contribution to the city, particularly as more comprehensive approach. many of these lack the architectural value of their neighbouring properties.

Partnerships for Q2a.2 Consideration also needs to be given to the The Council has taken a pragmatic approach to S106 negotiations Better Business barriers to investors and developers in taking on and is open to reviewing existing agreements where evidence of these projects in the city. One aspect which has viability challenges can be provided. been mentioned to the BID's is the prohibitive level of Section 106 contributions required which makes some development projects unfeasible.

Partnerships for Q2a.2 Due consideration also needs to be given to the The comment is noted; however landownership is not a planning Better Business impact that selected landlords and land owners matter that can be addressed in the Part 2. are having on parts of the city centre (particularly absentee landlords) and the potential restrictions this has on growth and improvement.

St James Securities Q2a.2 The respondent considers that there is an Contradictory to the response from the same respondent above opportunity to introduce some encouragement which says that they support the flexible approach and no detailed for specific forms of development in the Part 2 guidance or control is required for Becketwell Plan for Becketwell and the land and buildings at Victoria Street. The respondent suggests that We can consider opportunities to secure specific forms of support for specific forms of residential residential accommodation as suggested but to a degree the accommodation such as Build to rent or purpose market will dictate the best model which is achievable. By built student accommodation. These sectors ‘requiring’ specific a model we could actually constrain delivery.

provide scope to deliver a significant short term The flexible approach is considered to be helpful and the Part 1 uplift to the resident population of the City Plan required regard to be had to the most up to date SHMA. Centre. This, in turn, has a range of corresponding benefits, not least an increase in activity and expenditure in the city centre, and the associated stimulus for further investment.

Member of the Q2a.2 Would it be possible to clarify the role of CBD in The role of the CBD is clearly set out in the Part 1 in policies CP11 Public relation to office spaces and retailing in Derby and AC2. In general, the planning system can only control the mix and broader region given there is a lot of empty of uses in the Core Area and wider CBD in terms of shops, space and also repetition of uses in Derby? For restaurants, takeaways etc. It cannot control occupiers and the example, Castleward has three retailers including products they sell. a hairdresser, wedding dress shop and gym but these retailers are all available in town within 10- minute walk and do not particularly meeting the daily needs of families living there. Where is a community centre where my neighbours can organize events?

Member of the Q2a.2 You need to determine what Derby has and Noted. The Council regularly commissions evidence base to Public doesn’t have; why do people travel to benchmark Derby in the context of provision of facilities in other Nottingham and Sheffield and what can the locations. Council do to attract people to the City?

Member of the Q2a.2 Can a sustainable procurement process be Procurement is not an issue that can be covered in a statutory Public introduced to help sustain local enterprise, development plan such as the Local Plan. businesses and local farmers and food production? Can a process be introduced to help projects which promote healthy cities?

Member of the Q2a.2 It would be good to make the process of selecting As noted above, the procurement of development partners is not Public a design and construction companies more a planning issue. Construction quality is a matter for building transparent to local people. For example, in regulations, whilst the chairs referenced in the response are part Castleward the construction quality is worrying. of a public art project.

There have already been quality issues like bath leaking through roof, sink and sealing within 1.5 year being handed. There are lots uncomfortable chairs installed on park street where you rarely see people sit on or stay around long. Friar Gate Station/Slack Lane Regeneration Area Questions Q2b.1 Is there a need for a coordinated approach between the development of the former Friar Gate Station site and the Slack Lane regeneration area? Q2b.2 Does a new policy need to provide additional guidance relating to the area of the former Friar Gate Station site already covered by DCLP1 designations? Q2b.3 What objectives should a new policy set out for the development of the portion of the site located between the edge of the CBD and Uttoxeter Old Road? Q2b.4 What mechanisms should be used to facilitate delivery of both the former Friar Gate Goods Yard site and the Slack Lane area? Q2b.5 Are there any other sites outside of the CBD, and not covered by the DCLP1, which should be considered for allocation as regeneration priorities?

Respondent Comment Response

Historic England Q2b.1 Welcomes the preferred approach set out in the Comments are noted. Issues and Options and considers there would be merit in exploring the opportunities for a co- ordinated approach to the Friar Gate Station/Slack Lane Regeneration Area. Historic England also stated that they would be pleased to discuss this further with you as the Plan progresses.

Natural England Q2b.1 Natural England recommends that the benefit of Comments are noted. green infrastructure is considered should a co- ordinated approach to the development of the

two regeneration areas is made.

Partnerships for Q2b.1 Discussions are required with key stakeholders to Noted. Consideration of accessibility between the site and the Better Business ensure that the regeneration of the Friar Gate Core Area of the city centre is key, particularly if retail led Station site is linked to the City Centre and in proposals continue to be progressed on the former Friar Gate particular the Cathedral Quarter whose boundary station site. falls within a few hundred metres of the site. There is the potential here to create a high- quality gateway to the city centre, with knock on effects for the future regeneration of the areas in between, most notably around Friary Street, Heritage Gate and Curzon Street. The BID's would be keen to be involved in such discussions.

Derby Civic Society Q2b.1 The Civic Society considers that urgent action is Comment is noted. needed and highlighted that, although planning permission have been granted, the owner has consistently failed to progress development. Therefore, the redevelopment of this site should be given high priority, even to the extent of using compulsory powers.

Derby Civic Society Q2b.1 The former Friar Gate Station site and the Slack Comment is noted. Lane regeneration area have different characteristics and could be developed separately.

Historic England Q2b.2 & Any new policy would need to retain current Any policy approach set out in the Part 2 would be in addition to Q2b.3 references to heritage assets and setting and also the guidance and framework set out in the Part 1, notably AC2 include any additional assets which should be which already makes reference to the heritage assets on the taken into account e.g. Rowditch Barracks. In former Friar Gate station site. addition, characterisation work and analysis may be required to identify locations of more sensitive areas of a wider site and also areas

where there are opportunities for growth, therefore maximising the use of the larger area.

Derby Civic Society Q2b.2 The heritage assets within the former Friar Gate Comment is noted. Station need to be redeveloped with care and additional guidance would be helpful.

Historic England Q2b.4 Heritage led regeneration could assist with Comment is noted. facilitating the delivery of both sites. There may be a need to explore any viability issues to establish whether there are potential merits of a co-ordinated approach to the two sites in respect of the historic environment which work in Q2b (2) and (3) responses above may link into i.e. potential opportunities for growth within the two co-ordinated areas may assist with conserving or enhancing the historic environment, heritage assets and their setting.

Derby Civic Society Q2b.4 As the owner of the site has sat on it for the past Comment is noted. half-century without so much as putting a shovel in the ground, the Council should use all means at its disposal to acquire the site and promote its successful regeneration. Derby Civic Society Q2b.5 The Rowditch Barracks, the Hippodrome, Comment is noted. Friargate Bridge, Allestree Hall and Smith’s Clockworks should be considered.

Housing Meeting Residual Housing Need/Allocating Further Development Sites Questions Q3a.1 Should further housing sites only be allocated on brownfield land? (Note that this would still allow greenfield housing sites in appropriate locations to be developed through planning applications. The approach in this case is only to ‘allocating’ sites in the Part 2 Plan) Q3a.2 Should the Part 2 Plan resist any further release of Green Wedge land for housing? Q3a.3 Are there any other types of land or areas of constraint where housing should either not be allocated or where it should be sequentially less preferable for allocation for housing uses?

Respondent Comment Response

Historic England Historic England does not have sufficient information at this The response is noted. The Council plans to carry out a review of time to comment on the potential housing sites without Green Wedges in the context of meeting development needs planning permission set out in the Housing Trajectory table including and unmet housing need. within the Evidence Base Paper. H.E. indicated that they would be happy to discuss these as the Plan progresses. The Council’s Strategic Housing Land Availability Assessment will They recommend that sites are considered in relation to the also be periodically updated and used to inform the availability of historic environment in line with Historic England’s advice residential development sites. This in turn will inform a rolling note: housing delivery forward trajectory.

https://historicengland.org.uk/images- books/publications/historic-environment-and-site- allocations-in-local-plans/

It is their view that a review of the Green Belt/Green wedges would need to be undertaken should it be considered necessary to release any further Green Belt/Green Wedge land for housing to ensure that the designation meets its purpose, amongst others, to preserve the setting and important character of historic towns. A review would

provide an evidence base to assist in demonstrating how alternative sites had been considered during the Plan process.

Home Builders Whether or not further housing sites should only be The response is noted. The Council will be considering the Federation allocated on brownfield land will be determined by the availability of land for housing through the SHLAA, the Green Wedge quantum of the residual housing requirement and the Review and the Open Space Study, as well as other evidence. outcome of the emerging SHELLA. Only if there is sufficient brownfield land available to meet the housing requirement It is acknowledged that the Council needs to seek to ensure that the and maintain a 5 year housing land supply (YHLS) could the 11.000 dwelling target set out in the Local Plan Part 1 is able to be Council’s preferred approach be justified. However, if the met and that a 5 year housing supply can be maintained. evidence identifies that the housing requirement and / or a 5 YHLS could not be met by brownfield land alone the Council would have to allocate greenfield as well as brownfield sites. Under such circumstances the Council may have to consider the release of greenfield land in the designated Green Wedge for housing.

British & The three questions raise the issue of whether brownfield or The response is noted. Continental Ltd greenfield land (or both) should be released to meet the housing requirement within the City. This is a simplistic and The consultation question was posed in the context of Government’s outdated approach to adopt and ignores the policy stance clear move to a preference to use Brownfield Land including through within the NPPF which should naturally be the Council's the introduction of brownfield registers. starting point. The point is accepted that the Council has set out a capacity cap for Both types of land should be allocated if it is suitable, development within the Part 1 Plan (The Core Strategy). This is sustainable and viable. Bearing in mind the Council has partly because the ‘strategy’ needs to be demonstrably deliverable adopted a 'capacity' figure for housing (rather than meeting both in terms of meeting housing needs within the plan period and its full OAN) the question of whether brownfield and maintaining a 5 Year Housing Supply. greenfield land should be developed needs to be balanced against the sustainability implications of deflecting housing The respondent seems to consider that Green Wedges are protected development elsewhere (further afield) within the housing simply because they are popular and that they are merely lines on market area, which is almost bound to be sub-optimal in maps. However, the Green Wedges form a crucial part of the City’s

locations terms. structure and perform crucial roles in separating the identity and character of distinctive areas as well as providing biodiversity, Green wedge must be reviewed in the context of this wildlife land, open space, recreational land, playing fields, flood exercise, since it does not have the permanence of a formal alleviation land and climate change mitigation. Green belt designation and is merely a designation denoted by 'lines on maps' drawn by planning officers. The green The Green Wedges are themselves a crucial part of ‘sustainable wedge cannot be protected in perpetuity simply because it is development’, particularly in the environmental context of popular either with members of the Council or with the local Sustainability. public. That would effectively be tantamount to protecting open space close to Derby at the expense of less sustainable locations in other Boroughs further afield, which would be perverse.

Derby Civic Society New development complementing rather than detracting Policies in the Part 1 Plan (Placemaking Principles and Character and from the character of a particular neighbourhood Context policies) seek to ensure that new development responds to an is in keeping with local character.

Derby Civic Society The Council should not allow developments which would The response is noted and it is agreed that neighbourhood identity is blur the distinctions between different neighbourhoods. important. The Part 1 Plan has policies in place to try to protect the character and distinctiveness of neighbourhoods including green wedges which seek to define separate neighbourhoods.

William Davis The requirement for land to be released from the existing The response is noted. The SHLAA update as well as other evidence Green Wedge is determined by Derby City Council’s (DCC) will inform the capacity for land to meet requirements going ability to ensure that the residual housing requirement is forward. met and that a robust five year land supply can be maintained. DCC has an objectively assessed housing need for 11,000 dwellings over the 2011-2028 plan period. If evidence suggests that this may not be delivered, and a 5 year land supply is not met, then by virtue of the National Planning Policy Framework (NPPF) paragraph 47 further Green Wedge land may have to be designated for housing.

Natural England Q3a.1 Natural England would draw your attention to The response is noted.

the NPPF which states there is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. Planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value.

Derbyshire County Q3a.1 The preferred approach which would only seek to The response is noted. It is acknowledged that the County Councils Council identify and allocate brownfield sites identified view is that there should be a sequential approach to identifying through the SHEELA to meet the City’s overall further sites whereby if possible brownfield sites only should be housing requirement and particularly 5 year land used, If brownfield sites alone cannot meet the identified housing supply requirements is supported. needs for the plan period and maintain a 5 year housing supply then non- Green Wedge greenfield sites should be identified before However, it is considered that if the SHEELA does Green wedges are used for housing. not identify sufficient brownfield land to meet the City’s overall and 5 year land supply requirements then greenfield sites (non - Green Wedge) sites should be also considered for allocation which are in sustainable locations and are free from environmental or infrastructure constraints.

Public Health Q3a.1 Further housing sites should only be allocated on The comment is noted. The Council will consider the health and brownfield land. Green Wedge land should be other benefits of green wedges in the context of selecting land to protected wherever possible. There is growing meet housing needs. evidence of the physical and mental health benefits of green spaces. This evidence shows that green spaces can improve health outcomes and reduce health inequalities in a cost-effective way that promotes healthy and active lifestyles.

Living in areas with higher amounts of green spaces is associated with reduced mortality. Green spaces within cities have also been associated with better mental health.

Derby Civic Society Q3a.1 The Council should encourage and support the The response is noted. The Council will need to ensure that planning redevelopment of brownfield sites for residential policies are consistent with national planning policy. The Part 2 Plan use; in particular sites located close to the City may present an opportunity to set out further principles about Centre should be developed as urban villages development of brownfield land. Any such policies must be along the lines of the successful Castle Ward consistent with the Part 1 plan. The Council will use Strategic development. Housing Land Availability Assessment to identify and if appropriate allocate further development sites. The Part 1 plan sets a minimum requirement that 2,200 new homes are provided in the CBD over the plan period.

Persimmon Homes Q3a.1 Allocations should only encourage, not prioritise, The comment is noted. The question is about land allocations and North Midlands the re-use of brownfield land. To do so would be sites allocated for housing in the Part 2 Plan would set out that contrary to the NPPF. The core planning principle housing was appropriate. Allocations either are BF or GF (or mixed) set out in paragraph 14 of the NPPF is to they cannot ‘encourage’ a type of land to be used. Although on any 'encourage the effective use of land by re- mixed sites the specific policy could require that only the previously using land that has been previously developed developed part of the site is built on. (brownfield land)' such encouragement is not setting out a principle of prioritising Within the land supply for the City there are thousands of dwellings brownfield before greenfield land. Similarly on Greenfield sites and land has been removed from Green Wedge paragraph 111 of the NPPF states that 'Local to deliver new homes. Therefore the Council acknowledges that Planning Authorities may continue to consider greenfield sites will continue to contribute to meeting housing the case for setting a locally appropriate needs. The question is purely in the context of further allocations in target for the use of brownfield land' again the Part 2 Plan and whether further ‘allocations’ should prioritise there is no reference to prioritising the use of brownfield land. It is fully acknowledged that further greenfield land brownfield land. The proposal which implies will come forward but given that the re-use of brownfield land has prioritisation relates back to previous obvious benefits over using greenfield land in a compact city, the national policies which are now inconsistent question is relevant.

with current national policy. Regardless of the note that allows greenfield housing sites inappropriate locations, the Local Plan Part 2 allocations should not omit these.

Redrow Homes Q3a.1 The respondent acknowledges that national The response and explanation is noted. East Midlands Ltd policy seeks to encourage the use of brownfield land, it is not considered appropriate to take a It is acknowledged that the Council should maximise housing supply ‘blanket approach’ and rule out allocating but this must be within the constraints of sustainable development development on greenfield sites. and in line with the adopted Core Strategy and wider national planning policy. Brownfield land is often more complex than developing on Greenfield sites due to, for example, contamination, constrained access or the proximity of ‘bad neighbours’. The margins of viability are therefore likely to be narrowed and this will in turn put at risk the delivery of affordable housing within the City. The Council should maximise housing supply via the widest possible range of sites so that house builders of all types and sizes have access to suitable land in order to offer the widest possible range of products. Without doing so the Plan will not be justified as it will not be able to demonstrate that it is the most appropriate strategy when considered against the reasonable alternatives. Consequently the Plan will be unsound.

Turley on behalf of Q3a.1 Considers that a balanced supply from both The response is noted. The over-arching strategy to 2028 set out in Miller Homes brownfield and greenfield sites is necessary if the the DCLP1 acknowledges that a mix of brownfield and greenfield City is to sustainability meet its housing needs. sites will be required to meet the local plan requirement. Highlights the challenges associated with the

development of brownfield land which can delay delivery.

Gladman Q3a.1 Gladman does not support an approach which The response is noted and it is acknowledged that the Council will Developments Ltd seeks to prioritise the allocation of housing on need to consider opportunities in the context of the most up to date previously developed land (PDL). Such an SHLAA and other evidence. approach would be reflective of the previous national planning policy position which sought to The over-arching strategy set out in the DCLP1 is one which relies on maximise the delivery of PDL, the Framework both greenfield and brownfield sites. The Part 2 plan will need to does not differentiate between the sustainability ensure that the strategic housing requirements set out tin the DCLP1 of PDL or greenfield land. are met within the plan period.

It is noted that the approach is dependent on the emerging SHELAA. However, PDL is dependent on a number of issues such as availability, land contamination and remediation etc. If the Council decides to adopt an approach which only seeks to allocate land on PDL, then it stands to reason that once the LPP2 is adopted, then the availability of PDL sites as a source of supply will reduce over the plan period. If these sites fail to come forward then the Council will have no flexibility within its land supply to enable the Plan to effectively react to changes in circumstances i.e. no longer being able to demonstrate a 5 year housing land supply.

Urban Vision Q3a.1 Restricting the allocation of housing land to The response is noted. It is acknowledged that the Council will need Partnership Ltd on brownfield land only is unlikely to be provide to ensure that the Part 2 Plan is prepared to be consistent with behalf of the sufficient flexibility to maintain a five year land national policy. The Government is currently consulting on a Draft L.E.A.D. Academy supply. It is too narrow an approach to apply to National Planning Policy Framework and new guidance. As and when Trust ensure that housing requirements up to 2028 can the new Framework and Guidance come into force they will be an be met, particularly having close regard to the important consideration in the preparation of the Part 2 Plan.

implications of the government's current It is acknowledged that the Council will need to maintain a 5 year proposed revisions to the National Planning housing supply using whatever requirements and definitions are set Policy Framework (NPPF) and National Planning out but the new Draft NPPF does not include reference to persistent Guidance. under delivery any longer.

The City Council will need to re-assess their current policies in light of the government's proposed changes, particularly the implications of the government's definition of 'persistent under delivery' in relation to the City's current and recent housing delivery against policy targets, as this has not previously been defined in NPPF. Paragraph 2.8.8 of the Evidence Base Paper acknowledges that there has been persistent under delivery against the housing requirement in Derby.

Colliers on behalf Q3a.1 Support the Council’s preferred option to reserve The response is noted. The SHLAA and other evidence will be used of National further housing allocations for brownfield land in to assess the suitability and availability of sites for housing and Amusements order to adopt a sustainable approach to land inform the Part 2 Plan. use, in line with the NPPF. The respondent considers that the Showcase Cinema site offers the potential for a future mixed-use scheme, tailored toward meeting the local needs of existing and future housing development.

PD&G on behalf of Q3a.1 It is not disputed that planning policy must place The response is noted. It is acknowledged that South Derbyshire and JGP Properties Ltd emphasis on brownfield land for housing growth, Amber Valley Councils have agreed to meet some of the City’s and the requirement to allocate both greenfield housing needs. This has resulted in the City’s housing target of and brownfield sites as a means of genuinely 11,000 new homes between 2011 and 2028. The Part 1 plan delivering the housing needs across Derby and allocates sites for about 7,000 dwellings. The Council will use the Housing Market Area is supported. evidence including the SHLAA to ensure that the target will be met. South Derbyshire District Council and Amber Valley Borough Council

It is established that Derby cannot meet all of its will be responsible for ensuring that their housing needs are met in housing need and that Amber Valley and South their respective boroughs. Derbyshire are helping to meet this need. Although, South Derbyshire Part 1 & 2 Plans have Of course, the Council is relying on the developers who promoted been adopted and development is in progress, strategic allocation through Part 1 of the Plan to deliver their sites as PD&G raised concerns over the City’s ability to they indicated they would when they were promoted. meet its need and the uncertainty over Amber Valley’s plan. In their response to Q3a.2, PD&G raised concerns over the deliverability of certain sites and to avoid the risk of this situation affecting the soundness of the Plan, they consider that it is vital to have a mix of sites allocated in the Part 2 Plan.

Marketing Derby Q3a.1 In light of the recent NPPF consultation, it has The comment is noted. never been more important for the Council to have achievable housebuilding targets. With derby having significant levels of greenfield sites around its boundary, the use of brownfield sites for housing is increasingly preferable.

SSA Planning on Q3a.1 Considers that it would not be realistic, given the The response is noted and the issue with identifying the behalf of Kentucky current uncertainty as to the delivery of the respondent’s site is also noted. The site promoted by the Fried Chicken identified brownfield sites to restrict the respondent does involve both greenfield and brownfield land and allocation of housing to brownfield land. This is the Council will amend the information in its evidence base. not least because at least one of the sites identified in the 2017 Derby Housing Trajectory The Council notes that the issue of demonstrating delivery of the 2017-2028 appended to the Evidence Base Paper proposed site at Rough Heanor Farm is a constraint to allocation and (that is, Rough Heanor Farm) is incorrectly the site was promoted as an omission site in the process of identified as solely a greenfield site. In fact, it is a preparing the Part 1 Plan. The site was not included in Part 1 for mix of greenfield (remnants of a disused farm) reasons including lack of certainty of delivery. and brownfield (areas of highway, a farmhouse and outbuildings in a variety of uses). In order to be allocated to meet housing needs a site should be

demonstrably deliverable and the Council thanks the respondent for bringing it to our attention that their promoted site comprises previously developed land including highway.

Natural England Q3a.2 Natural England would draw your attention to The response is noted. It is also noted that the Government is the NPPF which states there is a presumption in currently consulting on a new NPPF and guidance. When that comes favour of sustainable development, which should into force the Council will need to ensure that its policies are be seen as a golden thread running through both compliant with national policy. plan-making and decision-taking. Planning policies and decisions should encourage the effective use of land by re-using land that has been previously developed (brownfield land), provided that it is not of high environmental value.

Derby Civic Society Q3a.2 The Council should resist the temptation to The Part 1 plan sets out the policy framework for green wedges and develop in the green wedges of the City. These commits that the Council will review the scope of green wedges in have been successful in improving air quality and the context of meeting development needs. There will be a need to the general quality of life in residential realign some of the green wedges in order to account for actual neighbourhoods. changes on the ground.

Persimmon Homes Q3a.2 Further release of Green Wedge should not be The principle and extent of Green Wedges is set out in the adopted North Midlands resisted as additional sites may be found that Part 1 Plan and It would not be appropriate to release more land in would provide a greater headroom to the Green Wedges unless very carefully evidenced and justified. Council's 5YHLS position in the future and avoiding prevention of future growth options. It would not be appropriate to release further green wedges simply This could be done following a full and to provide housing supply headroom. comprehensive re-assessment of Derby City's Green Wedges.

Redrow Homes Q3a.2 The Local Plan Part 2 should not simply seek to The response is noted. The Council intends to update the 2012 East Midlands Ltd resist any further release of Green Wedge land Green Wedge Review as part of the evidence for the preparation of for housing. It is considered that all sites should the Part 2 Plan. However it is important to remember that the be judged on their individual merits, including principle and extent of the wedges has been established through the

suitable and sustainable sites within the Green process of Examining and adopting the Part 1 Plan. Wedge that are available without undermining the overall function of the Green Wedge. The Part 1 Plan commits to a review of Green Wedge boundaries in the context of allocating non-strategic housing and employment It is noted that the Council’s Green Wedge sites. Review (considered to be an essential piece of evidence), published in October 2012 has not been updated. Without doing so the Plan will not be justified as it would not be based on proportionate evidence and would consequently be unsound.

Redrow Homes Q3a.2 The respondent highlights the merits of the land The response is noted. The site that the respondent is promoting will East Midlands Ltd to the west of the A608 Mansfield Road, be considered, with others, in assessing opportunities for further Breadsall Hilltop is located within the allocations which may be required to meet housing and employment Chaddesden/Derwent Industrial Area Green land needs. Wedge. Although a proportion of this site has now been granted planning permission, it is considered that a further quantum of development could be achieved on site, utilising a site layout which addresses the Green Wedge designation and ensures a degree of separation is maintained between Breadsall Hilltop, the Derwent and the commercial corridor along the A61 (Sir Frank Whittle Road). The production of the Local Plan Part 2 provides the Council with the opportunity to look in greater detail at this boundary as per the Green Belt Review.

Turley on behalf of Q3a.2 The Council needs a balanced supply of sites in The response is noted and the Council acknowledges the need for an Miller Homes order to maintain a sufficient housing supply and update of evidence on Green Wedges and of housing land supply in meet its housing needs. The Part 2 Plan should order to inform the Part 2 Plan. therefore not resist any further release of Green

Wedge land for housing. Indeed land can be released from the Green Wedge without undermining its purpose and function.

Miller Homes do not object to the principle of continued protection of Green Wedge around the urban area, provided it can be demonstrated to be appropriate. It is therefore essential that the Council’s evidence base is up to date to ensure the Part 2 Plan is justified and based on proportional evidence.

Gladman Q3a.2 Gladman consider that new development can The response is noted. The Council will need to review opportunities Developments Ltd often be located in countryside gaps without to meet its housing target (set in the Part 1 Plan) through the leading to the physical or visual merging of preparation of the Part 2 Plan. settlements, eroding the sense of separation between them or resulting in the loss of It is not, however, the purpose of the Part 2 Plan to re-open a openness and character. In such circumstances debate about housing needs or to seek to deliver higher numbers they questioned the purpose of such an than the target if this would undermine the overall strategy for the approach, particularly if it would prevent the city of which Green Wedges are an important part. development of otherwise sustainable and deliverable housing sites to assist the Council in meeting its housing needs in full.

Urban Vision Q3a.2 It would be inappropriate and premature to resist The Council has committed to a further review of Green Wedges Partnership Ltd on any further release of Green Wedge land for through the Part 2 Plan. However it is important to remember that behalf of the housing as a matter of course. Indeed, the Core the Green wedges are set as an important part of the Strategy in the L.E.A.D. Academy Strategy gives a commitment that the Part 2 plan Part 1 Plan. They serve important sustainability roles. In considering Trust will consider further amendments to Green further non-strategic allocations the various opportunities and Wedge boundaries as part of the process of constraints of sites will need to be considered. identifying non-strategic housing and employment sites. This statement clearly The statement in the supporting text of policy CP18 does not suggest suggests that the Council believes that further that the Council believes that further release of green wedges will

release of Green Wedge land will be needed to be needed. It simply means that opportunities the wedges will be meet overall requirements, whilst ensuring the part of the consideration in seeking to ensure that housing and principle of the Green Wedge will not be employment needs are met. adversely affected.

Urban Vision Q3a.2 States that the allocation of land through the Part The response is noted. Partnership Ltd on 2 process would acknowledge the suitability of a behalf of the site for housing. As such, the respondent L.E.A.D. Academy highlights a previous submission through the Call Trust for Sites process (land within the curtilage of Noel Baker School) has merits. They acknowledge that the extent of the Green Wedge would be reduced but they consider that development for housing would not be intrusive.

Redrow Homes Q3a.2 Potential housing sites should be assessed to The response is noted. East Midlands Ltd ensure they contribute to sustainability objectives. The Council should consider physical constraints as well as economic, social and environmental impacts equally. All potential impacts should we weighed in the planning balance to ensure that the Local Plan guides development to sustainable locations.

PD&G on behalf of Q3a.2 PD&G do not support this option. Derby has The comment is noted. A significant amount of Green Wedge has JGP Properties Ltd been, and continues to be under great pressure been released to provide housing through the part 1 plan. However, to deliver its housing growth. The purpose of the the Green Wedges is also a very important strategic policy and Green Wedge policy is that it must not be a fixed Green Wedges serve many sustainability related functions. entity but a fluid process that must be reviewed to directly respond to the city’s housing Their function is important and it is not their function to be flexible. requirements. The Council has committed to reviewing the Green wedges in the This position is now more acute than it has been context of meeting housing needs in the preparation of the Part 2

previously when Government has made it Plan. absolutely clear in the recent National Planning Policy Framework (NPPF) consultation that at the The housing target is set in the Part 1 Plan until 2028 and the Council heart of the framework remains a presumption in will need to use various evidence, including the SHLAA and the favour of sustainable development and that Green Wedge Review, to determine if further land in Green Wedges housing delivery to meet a national shortage. needs to be released to ensure the housing target is met.

They continue their assertion that the form and function of Green Wedges cannot be a mechanism for considering other environmental factors such as ecology, landscape and heritage. Their analysis of the Lime Lane site against previously held consideration of the North Oakwood Green Wedge by the City Council is contained in concludes that development of the site is acceptable and it does not compromise the form and function of the wedge.

SSA Planning on Q3a.2 SSA Planning consider it would not be realistic, The comment is noted. behalf of Kentucky given the current uncertainty as to the delivery of Fried Chicken identified sites to preclude the release of less valuable Green Wedge in order to provide land for housing. This should be done by the Part 2 Plan itself so that Part 1 Plan Policy CP18 will manage development in the remaining Green Wedge judged worthy of retention. Otherwise, there is a risk that early lack of five-year supply will render all of the Green Wedges vulnerable.

Highways England Q3a.3 Notes that the Part 1 Plan indicates that there is a The comment is noted. The strategic highway issues were need to identify land to for a further 851 considered during the preparation and examination of the Part 1 dwellings. Highways England would like to Plan. It should be noted that the Part 1 Plan sets the housing target ensure that, during the site allocation process, and although this is a minimum, the 851 dwellings mentioned by the

the potential impacts on the Strategic Road responded are within this target. Further allocations are expected to Network are considered and that traffic impacts be smaller non-strategic sites. of any large sites in proximity to the SRN is considered through the completion of a Transport Assessment.

Natural England Q3a.3 Natural England recommends that housing The response is noted. The Council will need to consider a range of should be allocated on land with the least evidence in determining the number of sites and dwelling’s and their environmental or amenity value, where location to include policies in the Part 2 Plan. consistent with other policies in this Framework.

Sport England Q3a.3 Playing Field Land and other land/buildings used The response is noted. The Local Plan Part 1, Policy CP17 sets out for sport should not be allocated for housing the Council’s approach to the protection of open space, which unless it has been demonstrated to be surplus or includes playing fields. The policy is consistent with the NPPF. In is replaced with equivalent or better playing addition, since the adoption of the Part 1 Plan, the Council has field/sports provision in line with NPPF paragraph completed a Playing Pitch Strategy which will help inform future 74. decisions on the future of pitches in the City.

Derby Civic Society Q3a.3 With reduced demand for retail space, encourage The response is noted and it is appreciated in particular that the city and support the conversion of commercial centre needs to adapt to the changing way that the retail offer property to residential. Where a building was works and to diversify uses in order to maintain vitality and viability. originally a single occupancy house encourage its In particular the Council seeks to support city living and to consider reconversion to a single occupancy house once opportunities for appropriate residential uses in the city centre. It is again. also acknowledged that other local centres can provide sustainable locations for new homes. And this can be explored.

PD&G on behalf of Q3a.3 The recent inclusion of ancient woodland and The response is noted. The Council acknowledges that it will need to JGP Properties Ltd veteran trees in the emerging NPPF should not assess further development opportunity sites in the context of necessarily be a means to which a site should meeting housing needs in the most appropriate way. automatically not be allocated or would be sequentially less preferable. If there is a coherent scheme of biodiversity mitigation in place that meets Natural England’s Standing Advice, then there should be little reason to not test its

sustainability.

They consider that in sustainability terms, if a coherent proposal (such as the promoted site at Lime Lane) is in place for the development adjacent to ancient woodland, then subject to other material considerations being satisfied, it should be included as a possible site in the emerging Local Plan from the outset to be tested through the consultative process, and not discounted at the first port of call.

Turley on behalf of Q2a.3 Land affected by the following constraints should The response is noted. The Council acknowledges that some sites Miller Homes be less sequentially preferable for the allocation perform better than others and that there are a range of policy and of residential development, in accordance with non-policy matters which affect the suitability of a site for national planning policy: residential development.

Highway Network: Development which have a harmful impact upon the local highway capacity; Public Transport: Sites which are not located in sustainable locations with limited access to existing public transport provision; Flood Risk: Sites which lie within Flood Zones 2 and 3 as highlighted on DCLG Flood Map for Planning; Heritage & Land Based Designations: Sites which contain or are located in close proximity to designated heritage assets; and Visual Impact: Sites which, if developed, would have a detrimental visual impact upon their local setting.

SSA Planning on Q3a.3 SSA Planning consider deliverability and The response is noted. The Council acknowledges that in order to behalf of Kentucky sustainable accessibility should be the key allocate sites which are required to contribute to housing needs they Fried Chicken considerations in the allocation of housing sites, will need to be demonstrably deliverable. together with a realism about the extent of off- site or social infrastructure that sites are capable The Council also acknowledges that current national planning policy of providing. Setting too high a bar in this latter requires that local authorities seek to provide a developer and land respect risks excluding so many sites that owners with a reasonable profit. This has to be balanced with sufficient land will not be made available to meet mitigating for the impacts of a development. The Council does take a the housing requirement. Where open land has a flexible approach to negotiating S106 Agreements. clear function (e.g. open space, wildlife sites, flood mitigation), it should be sequentially less It is also noted that the Draft NPPF which the Government intends preferable to sites that have little or no such to publish as new policy in Summer 2018, requires that the viability function. and of sites is determined at the point of allocation and this has the potential to affect flexibility to negotiate.

The Council also notes that in some case sites may be identified to try to guide development/regeneration and these sites might include policies seeking to facilitate development but the delivery of the site may not be crucial to meeting the housing targets. Gypsy and Traveller Sites Questions Q3b.1 Do you agree with the preferred approach to pitch numbers? Q3b.2 Do you agree with the preferred approach to site management? Q3b.3 Should site provision also look at meeting needs through the provision of transit as well as permanent accommodation? Q3b.4 Are you aware of any other sites that could help address the need for a permanent or transit Gypsy and Traveller site?

Respondent Comment Response

National Q3b.1 The statement in the fourth paragraph and in the The number of pitches set out in the Issues and Option consultation Federation of “preferred option” that the GTAA shows a document uses the GTAA evidence and applies this to the plan Gypsy Liaison requirement for 7 pitches between 2019 and period up to 2028, rather than up to 2034 as set out in the GTAA.

Groups 2029 is incorrect. The GTAA shows a requirement Hence the different pitch numbers 20 pitches 2014-2019 plus 2 for 11 pitches (5 to 2019 and 6 more to 2029). additional pitches 2020-2028. The reference to 11 pitches in option This is correctly acknowledged in “option (a)”. 1 is a typo. Reference to GTAA There is also a further need for 7 pitches between 2029 and 2014 so the total requirement for additional pitches is 38 and this should be acknowledged in the policy.

National Q3b.1 Supports a combination of option (a) and option Comments regarding the optimum size of site noted. Federation of (d), with some significant reservations. In option Gypsy Liaison (a) there are contradictions in that the option Groups refers to a single site whereas the explanation refers to more than one site. One site would be much too large, would be difficult to find and could cause management problems. Several smaller sites should be identified with a preferred maximum of 6 pitches. We do not therefore support the preferred approach.

Derbyshire County Q3b.1 In terms of identifying sites, the assessment in Comments noted. Council Section 3b is considered to be appropriate that although privately owned sites are often the preferred approach by the Travelling community, land values within the City are likely to be a barrier to the Travelling community acquiring land and bringing forward their own sites. Consequently, as set out in Section 3b, it is likely that any sites that are brought forward are likely to be located on public sector land and funded by external bodies such as Homes England.

Given the land constraints within the City, the City Council’s preferred approach set out on page

16 is supported, whereby the City Council would concentrate on allocating and delivering a site to meet, as a minimum, the initial 5 year pitch requirements set out in the GTAA of 20 pitches. National Q3b.2 Supports the self-management of small sites. The comment is welcomed and noted. Federation of Gypsy Liaison Groups

National Q3b.3 Supports the identification of a transit site as well The comment is welcomed and noted. Federation of as permanent pitches. Gypsy Liaison Groups

Derbyshire County Q3b.3 The GTAA concluded that there was a need for up Comments noted. Council to 4 transit pitches across the study area to meet the temporary accommodation needs of Travellers and to help reduce the occurrence of Travellers occupying unauthorised sites on a temporary basis, although the GTAA did not identify specific sites, except to recommend that any sites should be located within or adjacent to main transport corridors and in areas where the Traveller community frequently occupied unauthorised sites. In this context, it is considered that the City Council should also consider the need to identify transit site provision in the Local Plan in addition to permanent site (s).

Derbyshire County Q3b.4 Derbyshire County Council is currently working Comments noted. Council with a number of local authorities across the County to seek to identify land within the County Council’s ownership that might be suitable for

Traveller accommodation. However, the County Council is unlikely to own any land within the City which might be suitable for Traveller accommodation and so it is not aware of any sites that might be suitable for Traveller provision. Saved CDLPR Allocations Questions Q3c.1 Should either or both of these two specific saved policies be carried forward or replaced as new policies in the Part 2 Plan or simply be deleted? Q3c.2 If the sites are carried forward, are there any specific policy requirements required for them? Respondent Comment Response

Historic England Barlow Street has previously been allocated as a potential The point about Barlow Street is acknowledged. Barlow Street could development site and, as such, it would be disappointing to be allocated as a regeneration/development opportunity site in the not see it continue to be included in a new Plan on the basis plan to identify acceptable uses should it become available later in that it could accommodate residential development and the plan period. This would mean that if the owner’s intentions may be less sensitive than alternative sites which may come changed the policy could assist in directing appropriate uses. forward e.g. sites in the Green Wedge and/or sites which However even if not allocated, if a proposal was to be made for impact on heritage assets or setting. With regards to Friar redevelopment for housing it could still be considered and if Gate Station and Environs HE would refer you to responses appropriate permissioned as a windfall site. The Council will need to made to Q's 2b (1-4). consider these options but the respondent’s views are noted. Saved CDLPR General Housing Policies Questions Q3d.1 Do you agree with the preferred approach to ensure that these saved CDLPR policies are comprehensively replaced in the new Part 2 Plan? Q3d.2 Are there any other preferred options for replacing these CDLPR policies?

Respondent Comment Response

Home Builders Q3d.1 The HBF agrees with the Council’s preferred The response is noted. Federation approach that saved CDLPR policies are comprehensively replaced in the new Part 2 Plan.

Persimmon Homes Q3d.1 Persimmon Homes agrees with the preferred The comment is welcomed and noted. North Midlands approach.

Gladman Q3d.1 The CDLRP policies were based on a previous era The response is noted. The Council will need to prepare the Part 2 Developments Ltd of national planning policy and guidance and Plan to be consistent with national planning policy and it is noted therefore may not be consistent with the that the Government is currently consulting on a new Framework requirements of the Framework and the PPG. which will be brought in as new policy at some point. Gladman therefore support the DCC’s decision to comprehensively replace the saved CDLRP Policies through the Part 2 Plan.

St James Securities Q3d.1 Build to Rent has emerged as a key mechanism to The response is noted. The Council will consider whether it is accelerate delivery of housing, particularly within appropriate to include any policy for built to rent homes. Care must city centre locations. Nationally, the number of be taken to ensure that a mix of housing is provided and that completed BTR homes has increased by 45% policies are not too restrictive so as to constrain wider housing between the first quarter of 2017 and 20181. The delivery by setting specific requirements. The housing market is emerging Local Plan provides an opportunity to dynamic and the policies need to be relevant in changing introduce a specific policy approach for BTR circumstances for the whole of the plan period. (similar to what is being considered for Self/Custom Housebuilding Q3e.1). Self/Custom Housebuilding Questions Q3e.1 Do you agree with the preferred approach that no specific policy will be required in the Part 2 Plan for self-build/custom- build homes? Respondent Comment Response

Home Builders Q3e.1 Agrees with the Council’s preferred approach in The response is noted. However, since the consultation began, the Federation that no specific policy will be required in the Part Council notes that proposed changes to the NPPF (currently in Draft)

2 Plan for self / custom build homes. The set out that local authorities should use other evidence, such as plot Council’s Self / Custom Build Register illustrates search sites, to identify demand for self and custom build homes. an insignificant demand for such dwellings therefore no policy mechanism is required to Irrespective of this the Council feels that it is still important that any ensure that the demand for this type of housing policy should be based on an appraisal of realism of delivery. There is met. are a number of complex issues which affect the actual demand and if the Council adopts a policy requiring land to be put aside which is not delivered, it could be constraining opportunities for market housing to be brought forward.

Persimmon Homes Q3e.1 Persimmon Homes agrees with the preferred The comment is welcomed and noted. North Midlands approach.

William Davis Q3e.1 Supports the preferred approach of not The response is noted and the Council acknowledges that requiring a developing a specific policy within the emerging percentage of plots on large sites to be put aside for self-build could plan relating to self-build plots as no need has affect the compressive development of sites and supporting been established. Notwithstanding this, a policy infrastructure. approach to self-build development as per option b (requiring a proportion of plots on all housing It is also noted that the respondent has identified that such policies sites) will create uncertainty over the form and could lead to slower housing delivery which would be contrary to character of development within these areas; this the thrust of national planning policy. may make it difficult to sell adjoining plots. Moreover, such policies can lead to health a safety issues on site. Together these influences can potentially lead to slower housing delivery overall. Accessible and Adaptable Homes Questions Q3f.1 Is there any other evidence available to justify the need for requiring higher optional Building Regulations requirements, in particular for market housing? Q3f.2 Should the Council concentrate on evidencing needs for the higher standards of Building Regulations for affordable homes only? This may mean using evidence of disability/mobility needs of people on the Council’s waiting list and other

information from existing Council tenants. Q3f.3 How can the Council demonstrate that the introduction of a policy to require higher standards of the Optional Building Regulations would be viable to deliver? Q3f.4 Are there any other matters relating to general housing policy that needs to be included in the Part 2 Plan?

Respondent Comment Response

Gladman The Council is considering an approach which seeks to The response is noted and appears to be consistent with current Developments Ltd implement the Optional Building Regulations. As highlighted national planning policy. in their response to the DCC’s Planning Obligations SPD Review consultation, any such policy will need to be properly evidence in accordance with the guidance set out in the PPG which refers to consideration of need, viability and timing.

Public Health Q3f.1 The costs of inaccessible housing are wide- The response is welcomed and the points raised are noted. It is ranging and significant. The Council should acknowledged that this is a complex area. consider these costs when assessing the viability of a policy requiring higher accessibility standards. They include: the costs of residential care that could otherwise be avoided; levels of social care that could be reduced or removed; impacts on independent living, employment and social life; falls and other accidents which can be life-changing or fatal; mental health impacts; impacts on general health; avoidable hospital admissions; increased stays in hospital due to lack of accessible housing to return to. The estimated £521 cost of building a 3-bedroom home to Category 2 standard would be met by just one week in residential care.

Consider the feasibility of something like the

Sheffield model, where a consortium between the council and housing developers are delivering all new homes to the Lifetime Homes standard.

Liaise with Derby Healthy Housing Hub and Joined Up Care Derbyshire to access data on delayed hospital discharge and housing adaptations.

William Davis Q3f.1 If the Council wishes to adopt the higher optional The response is noted and it is acknowledged that the inclusion of standards for accessible and adaptable homes for such a policy would need further evidence of need and of viability. market and / or affordable housing the Council should only do so by applying the criteria set out in the NPPG. Therefore it is incumbent on the Council to provide a local assessment evidencing its specific case to justify the inclusion of such standards as a Plan policy. William Davis note that DCC acknowledges that the evidence base for the Local Plan is not detailed enough to justify a Policy approach for the market sector, however, the evidence needs to be equally robust if it is to be applied to the affordable sector as it will still affect overall viability of development.

Home Builders Q3f.1 If the Council wishes to adopt the higher optional The response is noted and acknowledged. Federation standards for accessible & adaptable homes for market and / or affordable housing the Council should only do so by applying the criteria set out in the NPPG. All new homes are built to Building Regulation Part M standards. An ageing population in itself is not unusual and it is not a phenomenon specific to Derby. Therefore it is

incumbent on the Council to provide a local assessment evidencing its specific case to justify the inclusion of the optional higher standards for M4(2) / M4(3).

Persimmon Homes Q3f.1 As acknowledged, there is no other evidence The response is noted. The Council has acknowledged that it does North Midlands available to justify the need for requiring higher not currently have specific evidence to identify needs for market optional Building Regulations requirements. housing to be constructed to a higher specification. However, there Therefore, a policy based on this would be totally may be evidence to support requiring higher standards for unjustified. affordable housing subject to development viability and this potential will be explored.

Persimmon Homes Q3f.2 If the Council wish to focus on evidencing the The response is noted. North Midlands need for the higher standards for affordable homes (as per NPPG requirements), the following considerations need to be taken into account to form a robust assessment: • housing population projections need to be considered in the context of the housing market in order to realize the actual needs of the local population. • the suitability of the existing housing stock as otherwise assumptions may be drawn based on no existing dwellings that currently comply with, or can otherwise meet, the requirements. • planned new specialist housing projects across the plan period need to be considered and factored in as these reduce the need for new dwellings to accommodate the total identified need.

• consideration of the lifestyle choice of people wanting to stay in their own homes, which is highly material.

Persimmon Homes Q3f.3 It is necessary to consider the viability impacts of The response is noted and it is acknowledged that viability is a key North Midlands introducing a policy and should consider the issue in seeking to include a policy to require higher optional impact of using these standards as part of building requirements. their Local Plan viability assessment.

St James Securities Q3f.4 Preparation of the Part 2 Plan provides the The strategy set out in the Part 1 Plan is to deliver a mix of dwellings, opportunity to ensure that flexible housing types and tenures. This includes having regard to the most up to standards to accommodate other housing sectors date SHMA. (e.g. Build to Rent) are incorporated, and that these would not prevent BTR from coming The plan allows for a mix of dwellings including build to rent. It is forward by placing undeliverable demands on acknowledged that build to rent can be very effective in meeting layout and design, for example. housing needs but that does not mean it requires a specific policy.

This approach is advocated by the British Having a specific policy which requires elements of housing to be Property Federation (BPF) who recommended in built to a specific model could be restrictive as markets change and February 2017 (‘Unlocking the Benefits and simply encouraging build to rent carries no real weight. Potential of Build to Rent’) that national policies and guidance should promote greater flexibility on design and space standards to reflect how this can impact on the viability of BTR, which in turn will assist the delivery of new homes in this sector.

A sound policy needs to include some scope for flexibility around delivery of the BTR product, meaning that it will be effective in delivering development for which there is need.

Delivering a Sustainable Economy Meeting Employment Land Needs Questions Q4a.1 Do you agree that there is a need to widen the portfolio of proposed employment sites in the supply? Q4a.2 Are you aware of any sites that should be considered for allocation as a non-strategic employment site?

Respondent Comment Response

Highways England Notes that the DCLP1 identifies a gross employment land Comments are noted. supply of 199 hectares comprising a combination of strategic employment allocations and mixed use allocations. The objectively assessed need for employment land is in fact only around 150 hectares. However, they note that the overall developable land is likely to decrease and furthermore additional land within South Derbyshire has been identified. Reflecting previous comments, they would expect that any large employment sites identified in the DCLP2 be subject to a Transport Assessment to ascertain any implications of growth and associated traffic flows on the Strategic Road Network.

Derby Civic Society Considers the current policies do not recognise the Policy CP9 in the DCLP1 specifically encourages proposals that economic benefits of conserving and enhancing our heritage realise the potential of Derby’s heritage and tourism assets, in the assets. There are the direct benefits derived from the context of delivering a sustainable economy and securing economic construction work itself and the new types of business that development. are generated in the heritage sector; but there are also indirect economic benefits. Particularly in the City Centre, a pleasant environment encourages people to both visit the City Centre and also work there.

Working on historic buildings often involves using traditional

skills which many local firms have, and would give a boost to those firms.

Derby Civic Society There seems to be no mention in the consultation document There continues to be a desire to deliver new high quality office of the previous policy of “getting suits on the streets” of the space in the Central Business District (CBD) as part of wider efforts City Centre. This involved building high grade office space. to support and enhance the vitality and viability of the city centre. Most of the proposed office developments have been However, it is acknowledged that a number of office opportunity shelved and the sites formerly earmarked for office sites have been lost to alternative uses, whilst a significant amount development are now being developed for residential use. of secondary office space has been lost from the supply through Has this policy been abandoned? If it has, then in order to conversion to residential through permitted development rights. The support the daytime economy, all car parking north of the relaxation of permitted development rights and the increasing Market Place should be free after 10 pm for up to 90 demand for new student accommodation has put pressure on the minutes. city centre office supply and made it very difficult to achieve the balance of uses needed to optimise vitality and viability. However, the Part 2 provides an opportunity to identify a range of regeneration sites where new office space will be promoted.

Pegasus Group on It is helpful that the Council acknowledges that one of the The benefits of including a Southern Derby Growth Zone (SDGZ) behalf of Wilson objectives of the Part 2 Plan is to set out policies to ensure policy in the Part 2 was considered prior to the publication of the Bowden employment needs are being met over the plan period. Issues and Options consultation. It was concluded that there would Developments Whilst the new Strategic Housing and Employment Land be little benefit on the basis that, other than Infinity Park and land to Availability Assessment (SHELAA) is welcomed, to ensure the the south of Sinfin Moor Lane (comprehensively covered by DCLP1 plan is going to be positively prepared, the inclusion of a policy AC15), the majority of the SDGZ area is located within South policy on the delivery of Infinity Garden Village in the Part 2 Derbyshire. South Derbyshire already have a policy (INF13) covering Plan would be welcomed. this area in their Part 2 Plan.

Pegasus Group on Whilst the majority of the Infinity Park Employment See above. behalf of Wilson Allocation (Policy AC15 in the Part 1 Plan) has the benefit of Bowden outline planning permission, land south of Sinfin Moor Lane Developments does not yet have the benefit of outline planning permission. it is recommended that the Part 2 Plan include a specific policy for Infinity

Garden Village to provide a 'sister' City Council Policy to SDDC Policy INF13.

Historic England Q4a.1 The preferred approach to employment sites is Comment is noted. considered appropriate. Historic England does not have sufficient information to make comment on employment sites but would be happy to discuss these in due course as the Plan progresses. HE recommend that sites are considered in relation to the historic environment in line with their advice note:

https://historicengland.org.uk/images- books/publications/historic-environment-and- site-allocations-in-local-plans/

Colliers on behalf Q4a.1 National Amusements agree that there is a need Comment is noted. of National to widen the portfolio of proposed employment Amusements sites in the supply, given the longstanding nature and lack of take up of some allocations.

Colliers on behalf Q4a.1 National Amusements consider that the wider Comment is noted. The merits (both in terms of employment and of National Foresters Business/ Leisure Park identified in the residential potential) of the site being promoted by National Amusements forthcoming LDP as a non-strategic employment Amusements will be considered through the SHELAA. allocation.

ID Planning on Q4a.1 There needs to be a review of existing mixed use Both mixed use allocations (AC19 and AC20) were considered and behalf of Kier allocations to ensure they are still fit for purpose re-appraised through the DCLP1 process. In both cases, despite Property in the context of national policy which indicates views to the contrary from landowners, the Inspector examining the Developments that allocations should be regularly reviewed DCLP1 concluded that it was appropriate to continue to identify Limited having regard to market signals. It was employment land in these locations. The Council adopted the DCLP1 highlighted that the last formal review of in January 2017, following publication of the Inspector’s Report in employment land needs was in 2013, some 5 December 2016 and examination hearings in May 2016. Both the years ago. Any portfolio of sites to meet future Council’s and Inspector’s consideration of these sites was taken in

employment needs will include a variety of sites, the context of the NPPF. In light of the fact that the DCLP1 policies in our view preparation of the Local Plan Part 2 were adopted less than 18 months ago, it is not considered should consider whether the allocation of land to appropriate to review them again through the Part 2 process. meet employment needs in the other non- strategic site allocations are appropriate.

ID Planning on Q4a.2 Are not aware of other sites that should be See above. behalf of Kier considered for allocation as a non-strategic site, Property we are of the view that consideration should be Developments given to amending the allocation at Manor Limited Kingsway for a high quality business park. Markets Questions Q4b.1 Should the Part 2 Plan include a standalone policy relating to markets? Q4b.2 Are there any other objectives that should be included in a Part 2 Plan policy? Respondent Comment Response

Historic England Q4b.1 It is not clear at this stage whether it would be Comment is noted. necessary to have a stand-alone 'Markets' policy or whether the issues relating to Derby Market Hall and the promotion of street markets could be dealt with as policies in a general 'retail/shopping' section of the Plan. It is suggested that consideration be given to the option of including policy text relating to the Cattle and Wholesale Market and Allenton Market in the regeneration section of the Plan and setting out specific development criteria for these within site specific policies.

Partnerships for Q4b.2 The Market Hall is an integral part of the Comment is noted. Better Business Cathedral Quarter and fulfils an essential part of

the retail offer in the area. Regeneration of the Market Hall is welcomed by the BID's and we remain keen to be involved in discussions regarding its future development as well as helping to promote the Market Hall whilst works continue.

Partnerships for Q4b.2 Street markets are something that brings Comment is noted. Better Business animation to the City and the BID actively promotes these. It is felt, however, that the current size and quality of the existing outdoor markets are not sufficient to deliver the impact that is required and due consideration needs to be given as to how these can be improved and linked better with the Market Hall to also benefit permanent traders.

Intu Q4a.2 Requests that a market policy in the Part 2 Plan The Strategic Options Analysis report carried out by Colliers in 2015 reflects the outcome of a Market Review concludes that there continues to be a role for markets in modern undertaken by Colliers which provides a life and recommends comprehensive regeneration / refurbishment substantive evidence base to inform the Local of the Market Hall and the reorganisation / rationalisation of Eagle Plan Market.

Vacancy is clearly a significant issue in Eagle Market and it is acknowledged that the Part 2 provides an opportunity to consider options for the longer term future of the market. Whilst the Colliers report recommends rationalisation to create space for new uses, the Council is keen to continue dialogue with Intu to discuss the most appropriate policy approach.

Intu Q4a.2 Requests that the market policy also needs to Comment is noted. The response from Intu is the first public support future redevelopment of Eagle Market as acknowledgement that they wish to pursue an approach which a key site in the City Centre Core Area. would result in the rationalisation of market stalls in the Eagle

Redevelopment plans are at an early stage of Market in order to accommodate new / diversified uses. Now that formulation, and policy should therefore provide this intention has been made known, the Council is keen to continue a clear signpost which encourages investment discussions with Intu to explore how their aspirations for the Eagle and provide Market can be incorporated into a Part 2 policy. A future policy the flexibility to allow the potential for new uses approach will need to be informed by evidence including the Colliers to be explored on the site. Report and the emerging Retail and Centres Study commissioned by the Council.

Member of the Q4a.2 The Market Hall promises to play a vibrant role in The transformation of Derby Market Hall is a key project Public the City, reconnecting people with the City within Derby’s City Centre Masterplan 2030. Centre. What else can be done to help the Market (such as on-line marketing) and where The Grade II listed building not only needs refurbishment but as a will the farmers market go while the Market Hall business, it will be repositioned into a modern facility that offers a is being renovated? wider breadth of products and services, attracting a wider cross- section of shoppers and drive a stronger footfall in the city centre.

As part of the new market offer, a marketing and communications strategy is being developed. There is an existing monthly Inside Out Market on Osnabruck Square which encourages local small businesses to trade alongside the existing businesses located in the Market Hall. Shopping Questions Q4c.1 Should the Part 2 Plan include any other policies relating to retailing and local centres? Respondent Comment Response

Derby City Council I think we expect local shops about every 400m – which Comment noted. Councillor makes the return journey nearly a kilometre, so it is not surprising that many people drive. In older terraced streets ‘corner’ shops are still at a much closer distance to each other than this. While other changes to shopping patterns may not encourage more corner shops in new areas, this

may change over time, so an awareness of layouts and building structures to allow some houses to be more easily and appropriately converted to ground floor retail use would be good.

Derby City Council Just because some shops are commercially viable doesn’t The comments are noted. There are a number of policies in the Part Councillor mean they improve an area. In particular we should avoid 1 Local Plan which seek to address this issue. Policy CP12 seeks to concentrations of fast food outlets and betting shops. As ensure that vitality and viability of the City’s defined retail centres, well as not improving the well-being of the local community, CP13 considers retail offer outside of the defined centres while CP15 they squeeze out the option of other more useful shops. specifically deals with food and drink establishments.

Historic England Q4c.1 Any historic environment characterisation work The comment is noted. The Council has commissioned consultants undertaken as part of the Plan may highlight to carry out a Retail and Centres study which will inform the particular nuances to retailing in local centres to understanding of retailing in local centres and consider options to assist with promotion, uptake and enhancement enhance their vitality and viability. ensuring a vibrant and healthy retail offer, e.g. as with the Cathedral Quarter.

Partnerships for Q4c.1 Consideration needs to be given to what steps As noted above, the Council has commissioned consultants to carry Better Business could be taken to encourage retail to flourish in out a Retail and Centres Study. This will consider the strengths and the City Centre, particularly given the challenges weaknesses of particular areas in the city centre and identify options that this sector is currently facing. Certain for addressing issues. locations (e.g. St James Street, Wardwick, Green Lane) have suffered from higher vacancy rates in recent times, in part due to the changing nature of City Centre. St James Street, for example, has suffered from the closure of estate and lettings agencies as well as banks and building societies. Where such vacancies exist, much more needs to be done to encourage the space to be taken up by retail establishments, creating a significant core of retailers which will boost footfall and encourage circulation around adjoining streets.

Partnerships for Q4c.1 A coherent street trading and space hire policy is Comment is noted. Better Business vital to the future success of the City Centre. The formulation of this has been in discussion for several years without any progress being made and has been passed between a number of Council departments. The current situation on St Peters Street, East Street and Cornmarket in particular is extremely concerning. It is detrimental to businesses, impacts negatively on footfall and is the source of numerous complaints to the BID offices from both businesses and members of the public. Current policy also severely detracts from the work being done to encourage future investment and development in the area as well as mitigating the impact made through public realm improvements.

Intu Q4c.1 It is noted that Policy 4c (Shopping) refers to the Comment is noted. recently commissioned retail work that will assess future needs for new retail floorspace within the Plan period. As a key City Centre stakeholder intu would welcome the opportunity to be involved in the formulation stages of the emerging evidence base. It will be contacting the Council separately to discuss this. Once the evidence base has been finalised and the policies formulated, intu would like to provide fuller comment on Policy 4(c). Derbyshire County Cricket Ground Questions Q4d.1 Should the Part 2 Plan include a standalone policy relating to the County Ground?

Q4d.2 Are there any other matters that should be identified in a new Part 2 Plan policy?

Respondent Comment Response

Derbyshire County The response from the Chief Executive highlighted the Comment is noted. Cricket Club aspirations of the cricket club. The response highlighted the positive contribution the club makes; to inspire the local community to lead healthy lives and its positive economic contribution.

The Club are in the early stages of developing a masterplan for the cricket ground and consider that it would be sensible to work with the Council in the development of a policy in the Part 2 Plan.

Sport England Q4d.1 Agrees with the preferred approach Comment is noted.

Public Health Q4d.1 By including a standalone policy relating to the Comment is noted. County Ground there is an opportunity to support its use as a community hub, thereby developing social capital and cohesion, and as a community asset for promoting physical activity, thereby improving physical and mental health.

Member of the Q4d.1 An enhanced, standalone policy relating to the The comment is welcomed and noted. Public County Ground should be included to reflect its changing role in the City.

Sport England Q4d.2 Sport England considers that the policy content The comment is noted. should be informed by, and cover, relevant points that emerge from Playing Pitch Strategy and Built Facilities Strategy work that is currently being prepared.

Pride Park Leisure Hub Questions Q4e.1 Should the Part 2 Plan include a standalone policy relating to the ‘leisure hub’ area of Pride Park? Q4e.2 Are there any other matters that should be identified in a new Part 2 Plan policy?

Respondent Comment Response

Theatres Trust The Trust supports the preferred approach in terms of Comments are noted. recognising the role of Derby Arena in contributing to the economic and social wellbeing of the City.

Sport England Q4e.1 Sport England agrees with the preferred approach.

Public Health Q4e.1 Development of a policy for the 'leisure hub' area of Pride Park provides an opportunity to ensure the area's potential to promote sports and other physical activity is maximised (See Move More Derby Strategy 2018), and that the area has suitable infrastructure and provision to encourage active and sustainable travel (walking and cycling, bus routes).

Natural England Q4e.2 The plan should take a strategic approach, Comments are noted. The Part 1 Plan, Policy CP16 sets out the identifying natural environment objectives as strategy for delivering improvements to the City’s GI network and well as opportunities and areas for enhancement highlights that the Council will help to deliver the aspirations of the or strategic projects. Ideally there should be Biodiversity Action Plan, the Local Nature Partnership and other linkages with Biodiversity Action Plans, Local partner organisations. Nature Partnerships, National Character Areas, and Green infrastructure strategies The strategy should be additional to positive policies on, landscape, biodiversity (including geodiversity), green infrastructure and access to nature.

Sport England Q4e.2 Considers that the policy content should be Comment is noted. informed by and cover relevant points that emerge from Playing Pitch and Built Facilities Strategy work that is currently being prepared.

Green Infrastructure Proposed Open Space Questions Q5a.1 Do you agree with the preferred approach of deleting the remaining, undelivered allocations and not allocating further sites? Q5b.2 Are there alternative approaches to delivering these sites?

Respondent Comment Response

Derby Civic Society There seems to be no mention of Parks in the consultation The Part 1 Plan, Policy CP17 specifically deals with parks and open document. As well as being highly beneficial for the health spaces and provides criteria for their protection, enhancement and and wellbeing of our residents they are amongst some of the provision. most important of our heritage assets. Careful thought needs to be given to any constructions or modifications to parks. They must be suitable for 21st Century recreation, but also need to be safe and pleasant places to visit.

Natural England Q5a.1 In considering this approach, Natural England The Council considers that the approach taken in the Local Plan Part would like to remind your authority of the NPPF 1 through policies CP16: Green Infrastructure, CP17: Public Green paragraph 114. Local planning authorities should Space, CP18: Green Wedges and CP19: Biodiversity accords with set out a strategic approach in their Local Plans, paragraph 114 of the NPPF. In this instance, we are looking at the planning positively for the creation, protection, twelve allocations which haven’t, for a variety of reasons, been enhancement and management of networks of delivered since the adoption of the CDLPR in 2006. With no funding biodiversity and green infrastructure mechanisms in place, it would be difficult for the Council to argue that, if retained, the allocations would be delivered over the current

plan period and, as such, would call into question the ‘soundness’ of the plan.

In addition, the twelve allocations which haven’t been delivered are situated within a Green Wedge; therefore, although the proposed open space allocation will be removed, the sites still contribute to the wider GI network.

The consultation document highlighted that open space will still be delivered via any new housing development under the requirements of CP16 and CP17.

Sport England Q5a.1 Sport England does not agree with deleting As part of the Local Plan process the Council has to demonstrate to undelivered allocations and not allocating further an independent Planning Inspector that the allocations contained sites as a matter of general principle but instead within the plan are deliverable. The Open Space Topic Paper any such decisions should be informed by robust highlights that there are a number of allocations from the CDLPR and up to date evidence of need. There is work which haven’t been delivered since its adoption in 2006 and there currently under way looking at open space of are no resources available over the current plan period to realise different typologies, and specific sites should be their delivery; hence the Council’s decision to delete these considered as part of this work to determine allocations. whether they are needed and in turn whether any allocations should be carried forward or added.

Public Health Q5a.1 To optimise health and wellbeing as well as The Council recognises the important role the provision of high environmental gain, the Council should retain the quality and accessible open space plays in promoting health and current policy and keep the allocated sites from wellbeing however, it must be remembered that these sites have the CDLPR which have yet to be delivered. not been delivered since the adoption of previous Local Plan in Scientific evidence is mounting to demonstrate 2006. With no funding mechanisms in place, it would be difficult for that provision of parks and recreational open the Council to argue that, if retained, the allocations would be spaces is associated with increased physical delivered over the current plan period and, as such, would call into activity. question the ‘soundness’ of the plan.

The consultation document highlighted that open space will still be delivered via any new housing development under the requirements of CP16 and CP17.

In addition, the twelve allocations which haven’t been delivered are situated within a Green Wedge; therefore, although the proposed open space allocation will be removed, the sites still contribute to the wider GI network.

Pegasus Group on Q5a.1 Whilst the preferred approach of the City Council The Council welcomes the support. behalf of Wilson is supported in principle, it should be noted that Bowden there is the possibility of amending the proposed Developments extended public space area to Sinfin Moor Park to include the land that lies between the eastern edge of Sinfin and the proposed SDITL. We would welcome further discussions with the City Council on this approach in advance of the next stage of the Part 2 Local Plan.

Member of the Q5a.1 Does not agree with the preferred approach. The Council considers that the approach taken in the Local Plan Part Public Deleting all the remaining sites and not allocating 1 through policies CP16: Green Infrastructure and especially CP17: any new sites means that the Council has Public Green Space highlights its commitment to meeting the effectively given up on ever meeting the public standard of 3.8 hectares per 1000 people. It should also be open space standard. In fact, bearing in mind the remembered that, until an open space allocation is delivered, it does city's expanding population, public open space not contribute to the overall amount of open space in Derby; so the provision is steadily getting worse. This approach deletion of these allocations will not have a detrimental impact on appears to be in direct contradiction to the Core the Council’s aspiration to meet the standard set in the Local Plan. Strategy 5.17.2. The strategy set out in the Local Plan Part 1 results in development The preferred approach does not should explain primarily occurring on the periphery of the City and, through the how the remaining sites will be allocated if they planning application process, officers will negotiate with the are not public open space. For example, will they applicant to ensure that new open space will be delivered to meet be sold off for residential development and the needs of the residents.

thereby decrease the green space in the City? In addition, the twelve allocations which haven’t been delivered are situated within a Green Wedge; therefore, although the proposed open space allocation will be removed, the sites still contribute to the wider GI network. Outdoor Recreation Questions Q5c.1 Do you agree with our intention to delete the saved policy (L5)? Q5c.2 Do you agree with our alternative approach; to create a new policy supporting the creation of new outdoor sports and recreation facilities and our intention to support our local sports clubs? Respondent Comment Response

PD&G on behalf of Agrees with the deletion of the policy. None of the sites The comment is noted and welcomed. JGP Properties Ltd have been delivered and the continuation of the allocations would undermine the soundness of the plan.

The Outdoor The Council should consider using one of the lakes at either The Council welcomes the suggestion that the lakes at either Swimming Society Markeaton Park or Allestree Park as an inland bathing beach Markeaton Park or Allestree Park could be used for outdoor similar to facilities at Rutland Water or Swan Pool, Sandwell. swimming. However, in this instance, a specific policy in the Part 2 Both are free to enter and the cost to set up is minimal. Plan is not necessary as the activity only requires access to an area of open water and suitable signage. Engagement with colleagues in the Council’s Leisure Department may be more appropriate to determine if the suggested lakes are suitable and to ensure that the necessary signage and safety measures are in place to facilitate this activity.

Sport England Q5c.1 Sport England does not agree with deleting A number of studies are being undertaken at the present time which undelivered allocations and not allocating further will ensure that, in the future, any decision on the provision of open sites as a matter of general principle but instead space will be taken based on robust and up-to-date information. any such decisions should be informed by robust and up to date evidence of need. There is work The allocations discussed in this section have not been considered as currently under way looking at open space of part of the process. In addition, the six allocations haven’t, for a different typologies, and specific sites should be variety of reasons, been delivered since the adoption of the CDLPR

considered as part of this work to determine in 2006. With no funding mechanisms in place or interest from whether they are needed and in turn whether external bodies, it would be difficult for the Council to argue that, if any allocations should be carried forward or retained, the allocations would be delivered over the current plan added. period and, as such, would call into question the ‘soundness’ of the plan.

In addition to the Open Space Study, the Council has commissioned consultants to prepare an Outdoor Sports Strategy. This considers the current provision of pitches and predicts future provision based on the growth strategy set out in the Derby City and South Derbyshire Local Plans’.

The Council considers that future decisions on outdoor sport provision should be based on the findings of the Outdoor Sports Strategy; this approach would ensure a better degree of flexibility over allocating, or carrying forward, sites in the Part 2 Plan.

Derby Civic Society Q5c.1 The survival of playing fields is essential if we are The comment is noted. The Part 1 Plan, Policy CP17 includes criteria to tackle the obesity epidemic. for the protection of playing fields.

Sport England Q5c.2 Agrees that a suitably worded policy supporting The comment from Sport England is noted and welcomed. the creation of new outdoor sports and recreation facilities could form a sound approach informed by and in combination with the work referenced in response made under Q5c.1. Supporting Local Sports Clubs Questions Q5d.1 Do you agree with the preferred approach or is one of the other options outlined above more preferable? Q5d.2 Are there any other approaches we should consider?

Respondent Comment Response

Mickleover Sports Mickleover Sports Club stated that they provide a significant The Council welcomes the response from the sports club and will Club contribution to sport and leisure activities in the Mickleover take every opportunity to work with them in the development of a area. Part 2 policy.

The response also highlights the status of the football club, and the number of football and cricket teams who use the club’s facilities. In addition, it is the home to Derby County Ladies Football Club.

The Club indicated that they were intending to increase the numbers of sporting participators as well as spectators using the facilities.

The Club concluded that they would welcome any discussions with the Council to further the aims of their aims.

Sport England Q5d.1 Agrees that a suitably worded policy could be The comment from Sport England is noted and welcomed. beneficial but consider this would require careful drafting and need to be underpinned by an evidence-based approach with clear criteria rather than a broad brush generic supporting policy.

Public Health Q5d.1 The Council should include a policy supporting The comment from Public Health is noted and welcomed. the aspirations of local sports clubs. This will align with the aims of the Derby Move More Strategy, and Health & Wellbeing Strategy. Cemeteries Questions Q5e.1 Do you agree with our approach, subject to the timing of supporting evidence, in allocating one cemetery site and including detailed design criteria?

Respondent Comment Response

Environment Q5e.1 No objection to option (a), provided that the The comment from the Environment Agency is noted and Agency results of the Groundwater Pollution Assessment welcomed. The Council, in assessing the possible locations for a new will be available in time for the draft plan stage. cemetery, is currently undertaking a Groundwater Pollution The assessment must demonstrate that there Assessment and it is envisaged that the results will be available to would not be an unacceptable risks posed by the assist in the preparation of a policy/allocation in the draft Part 2 development. Plan. Mickleover/Mackworth Green Wedge Questions Q5f.1 Are we correct in assuming that this wedge should not be treated differently from the other Green Wedges in the city by having a specific policy? Q5f.2 If we do have a specific policy for this wedge, what issues should it address?

Respondent Comment Response

Derby Civic Society Green Wedges are also important to provided additional The comment is noted. green space to combat pollution and help separate our distinctive suburbs. As the suburbs expand outwards, so the green wedges need to be extended.

Turley on behalf of Q5f.1 Considers that the Mickleover/Mackworth Green The comment from Miller Homes is noted. Miller Homes Wedge should not be treated differently from the other Green Wedges and should all be subject to the same policy. There is no evidence to demonstrate that different Green Wedges around the City should be ranked.

SSA Planning on Q5f.1 Agrees with our assumption. The Mickleover- The comment from SSA Planning is noted. behalf of Kentucky Mackworth Green Wedge should not be treated Fried Chicken differently from the other Green Wedges in the City by having a specific policy, but only on the basis that all of the proposals listed could be

managed by Part 1 Plan Policy CP18, except the mixed use development of Rough Heanor Farm, which could be enabled by its removal from the Green Wedge. There is no need for a specific policy to deal with this beyond a mixed use allocation that would also remove it from Green Wedge.

SSA Planning on Q5f.2 If you do have a specific policy for the The comment from SSA Planning is noted. behalf of Kentucky Mickleover-Mackworth Green Wedge, it should Fried Chicken address the contribution of each of its The Council will be undertaking a Green Wedge review as part of the constituent parcels to the Green Wedge and a Part 2 Plan process and, along with all the other wedges in the City, timetable for review in order that the least this allocation will be assessed. valuable parcels may be considered for release should a lack of five-year housing land supply arise.

Heritage Heritage Development Management Policies Questions Q6a.1 What are the key detailed aspects of saved policies of E18-E22 that should be reflected in the Part 2 Plan? Q6a.2 Should the Part 2 Plan provide individual policies relating to the management of specific heritage assets or can it be combined into a single policy?

Respondent Comment Response

Derbyshire County There needs to be greater clarity and a more prescribed use DCLP1 Policy AC9 specifically relates to the Derwent Valley Mills Council – Derwent of words relating to the Derwent Valley Mills World Heritage World Heritage Site (DVMWHS) and seeks to protect the Valley Mills World Site. World Heritage Sites are an international designation Outstanding Universal Value (OUV) of the area. Heritage Site, and should be regarded as heritage assets of the highest

Heritage Co- significance. As can be seen from UNESCO’s operational It is not necessary for the Part 2 to provide additional policy ordinator guidelines (2017) any measures that directly or indirectly protection or guidance in relation to the DVMWHS, however it is damage the Outstanding Universal Value of a World acknowledged that policies relating to tall buildings and the Heritage Site should be avoided. development of city centre regeneration sites will need to take account of the DVMWHS and its setting. It is also acknowledged that It is important that any policy in the Local Plan relating to any wording in the Part 2 relating to the DVMWHS should be the World Heritage Site clearly articulates the World consistent with the approach set out in AC9 and UNESCO guidelines. Heritage Site’s high standing in the hierarchy of heritage assets and that damage to its Outstanding Universal Value is unacceptable.

Derbyshire County It should also be noted that the Buffer Zone to the World Council – Derwent Heritage Site has complimentary legal and/or customary Valley Mills World restrictions placed on its use and development. The Buffer Heritage Site, Zone only protects the WHS’s immediate setting and it is Heritage Co- important that the tall buildings policy acknowledges the ordinator impact that tall buildings could potentially have on the wider setting of the World Heritage Site.

Derbyshire County UNESCO requests that World Heritage Sites develop Council – Derwent management plans to guide the evolution of World Heritage Valley Mills World Sites over time to ensure maintenance of all aspects of their Heritage Site, Outstanding Universal Value. The current management plan Heritage Co- runs from 2014 to 2019. It is important that any policy ordinator relating to the DVMWHS links to the most current iteration of the DVMWHS Management Plan.

Historic England Q6a.1 Historic England supports the preferred approach Comment is noted. set out in the document, and we would be happy to discuss any potential wording in due course.

Derbyshire County Q6a.1 Supports the Council’s preferred option. The Comment is noted. Council – respondent highlights that elements of E21 are Archaeology significantly out-of-date. A more detailed policy

Officer will provide clearer and more specific advice in relation to different types of heritage asset. Also, this would be an ideal opportunity to revise the boundary of some Archaeological Alert Areas in light of recent discoveries. Provides a list of key points which the policy should include.

St James Securities Q6a.1 The heritage policies of the Part 2 Plan should New heritage policies in the Part 2 will be written in the context of reflect the approach of the NPPF in recognising the NPPF which requires harm resulting from proposals (where less the importance placed on preserving and, where then substantial) to be balanced against public benefits, such as possible, enhancing heritage assets and their regeneration, job creation etc. setting, whilst providing the opportunity to balance these objectives against wider policy objectives, including the need to secure regeneration within the city centre.

Historic England Q6a.2 It is for the Council to decide whether it wishes to Comment is noted. utilise a single generic policy or individual policies for asset types, including the DVMWHS. With the former approach it is recommended that key heritage features are highlighted in justification text to set out clearly any issues relating to local distinctiveness. Historic England would be happy to discuss these options with you as the Plan progresses.

Derbyshire County Q6a.2 Because the higher level policy (NPPF and the Comment is noted. Council – Core Strategy) includes more generic policy Archaeology relating to ‘heritage assets’ as a whole, it is useful Officer if the Part 2 policy contains individual policies acknowledging that different types of assets have subtly different management approaches and requirements. AAAs, the idea of ‘evaluation’,

‘preservation in situ’ etc are all specifically archaeological issues, and would benefit from an individual policy area making relation to archaeology.

Derby Civic Society Q6a.2 The Civic Society considers that there is a risk of The Part 2 provides an opportunity to carry forward some of the diluting the protection afforded to heritage principles set out in the ‘saved’ CDLPR policies, updating their assets or conservation areas if the existing CDLPR contents where necessary. policies are subsumed.

They recommend that the policies be carried forward in their entirety unless there is a conflict, in which case it needs to be made clear which policy has priority.

Derby Civic Society Q6a.2 On the specific question of use and re-use, we Comment is noted. believe that any use is better than no use if it can be incorporated without damaging the fabric and character of the building or area. Ideally, heritage assets should be returned to their original use but we recognise that this is not always commercially viable.

St James Securities Q6a.2 It should only be appropriate to introduce Comment is noted. policies concerning specific assets where these are considered to be of outstanding value within the context of the city as a whole. Tall Buildings Questions Q6b.1 Should the Part 2 Plan include a new policy relating to the development of tall buildings? Q6b.2 What considerations should be included in the policy?

Respondent Comment Response

Historic England With relevant background evidence such as characterisation Comments are noted and further discussion on this matter would be work and building height analysis etc a policy relating to tall welcomed. buildings could be useful and the Historic England advice sets out benefits of a tall buildings policy. Alternatively, proposals for tall buildings could be considered under other relevant development management policies in respect of design, scale, context with surrounding and so on without the need for a specific tall buildings policy. Historic England would be happy to discuss these options with you as the Plan progresses.

Home Builders If the Part 2 Plan includes a new policy on tall buildings then Subject to appropriate evidence, a Part 2 policy has the potential to Federation this policy should define tall buildings, provide detailed cover all of the issues suggested by the HBF. design guidance and identify appropriate locations for such development.

Conservation Area Expressed grave concerns on the issue of tall building It is acknowledged that the work commissioned by Derby Cityscape Advisory applications being allowed in the absence of a policy being in and completed by EDAW has not been incorporated into policy or Committee place. Discussion was held over the huge debate held in adopted as SPD. However, some of its findings have helped to 2008 over tall buildings and the work already done with inform determination of planning applications in the intervening CAAC expressing the need for a draft policy to come back to period. the Committee as soon as possible. There have been significant changes in context since the work was Conservation Area Strongly urges the planning policy team to implement completed, meaning that it needs to be updated in order to form a Advisory intentions of the tall building strategy with the shortest robust basis to inform a future strategy / policy. This work is being Committee possible delay. completed internally and will be used to inform the draft Plan which will contain draft policy wording, which CAAC will be consulted on.

The DCLP1 and saved policies of the CDLPR contain a number of policies relating to design, character, context and heritage which already provide a comprehensive framework to consider the merits

/ assess tall building proposals. A tall buildings policy has the potential to add an additional layer to help direct investment in tall buildings into less sensitive areas of the city centre and to identify design principles specific to tall buildings.

Derby Civic Society Q6b.1 It is much regretted that The Tall Buildings The Part 2 provides an opportunity to have a specific tall buildings Strategy produced in 2008 has not been adopted policy. The policy will need to be based on robust evidence. The as a policy. It should now be incorporated as a work published in 2008 is now dated and needs reviewing to take policy within the Local Plan as a matter of account of changes to Derby’s skyline in the intervening period and urgency as many planning applications for tall changes to Government policy. This review work is being completed buildings are pending or have been granted. The by the Council and will be used to inform the Draft Plan and Society is not against tall buildings as such, but emerging design guidance document. like any application it should be assessed on its impact on heritage assets and conservation areas.

The recent draft guidance for building in the Friargate Conservation area should be implemented without delay, as the current spate of applications for massive student accommodation blocks on Agard St cannot be permitted to go ahead.

The Society considers it is essential that those seeking permission for development anywhere near the City Centre provided with a detailed design brief so that they know in advance what is expected of them.

Marketing Derby Q6b.1 Recent years have seen a surge of interest from Interpretation and judgment are at the heart of town planning due the private sector in bringing high-density to the complexity and multitude of issues which need to be taken regeneration schemes to the City Centre. into consideration when assessing development proposals. Planning Inevitably, on smaller sites this will lead to an policies can help to provide the development sector with a degree of

increase in building height. Through DCLP1, certainty over certain issues, but cannot provide a blanket Policy AC5, the Council supports the construction endorsement of proposals of a certain height as their acceptability of tall buildings in appropriate locations but this will be determined by a range of factors, such as architectural is open to interpretation. The Policy states that quality and overall design. buildings of 5 to 7 storeys should be considered to be a tall building but the representation The Council is in the process of reviewing the previous tall buildings indicates that on certain sites, buildings of this work carried out by EDAW on behalf of Derby Cityscape over 10 height and more are expected. years ago. This work will be used to inform the emerging design guide and subsequent Part 2 policy. It is acknowledged that the The Tall Buildings Strategy was commissioned in context has changed since the previous work was completed, 2008 but never formally adopted by the Council. including new developments which have changed the city skyline It identified only one small area of the City and increasing pressure on brownfield land in the city centre to suitable for tall buildings. It is considered that contribute towards meeting needs for housing and other forms of this document would not assist in bringing development. reasonable and viable city-living. If a new policy was introduced mirroring the Strategy, the respondent feels that it would be detrimental to national policy and local ambitions. If this was the case then the current situation of determining an application on a case-by-case basis would be better.

St James Securities Q6b.1 The DCLP1 states that buildings and structures in For clarification, the City Centre Regeneration Framework identifies excess of 20 metres are considered “tall”, the Becketwell area as a ‘potential location’ for ‘landmark buildings, equating to roughly 5-7 storeys. It states that structures or art features’. It doesn’t specifically provide support to some gateway locations may be appropriate for proposals for tall buildings. However, the review of the tall buildings the introduction of tall buildings. work referenced above will provide guidance in relation to specific sites such as the Becketwell area. Further detailed guidance on design and environment within the City Centre is set out in the ‘City Centre Regeneration Framework’ (2012). This identifies several potential locations for landmark buildings and structures (including tall

buildings/structures with enhanced architectural features) within the City Centre. The Becketwell area is identified as an appropriate location for a ‘tall building’.

This overarching support to deliver a tall building at Becketwell is supported.

Member of the Q6b.1 A policy relating to the development of tall Comment is noted. Public buildings is essential. It should cover the whole City and will probably vary for different parts of the City. Bearing in mind the significant public disquiet and opposition to some recent tall building applications, the Council needs to be proactive, consult with the public and development a policy.

Marketing Derby Q6b.2 Derby City Centre is compact and much of it is Agreed. The NPPF requires that where a development proposal will designated as Conservation Areas. This compact lead to less than substantial harm to the significance of a designated nature means that any new development likely to heritage asset, harm should be weighed against the public benefits sit in, or adjacent to, a Conservation Area will of the proposal. In such cases, a balanced judgement is required. likely have an effect on the setting of a heritage asset. The level to which this is positive or adverse will always be subject to debate.

St James Securities Q6b.2 Preparation of the Part 2 Plan provides the Comment is noted. opportunity to adopt a more refined ‘tall buildings’ policy, with the scope to respond to ambitious proposals to regenerate the City Centre. Again, there is an opportunity to provide positive support, rather than seek to simply control, and to redefine the previous definition of what comprises a tall building.

The Policy should recognise that there are circumstances whereby tall buildings are appropriate, if not necessary to act as a catalyst for regeneration. They can be landmarks and focal points for activity, assisting with legibility and wayfinding in an urban area. Moreover, high quality and well-designed tall buildings can act to frame and enhance the setting of heritage assets. Heritage at Risk Questions Q6c.1 Are there any other issues relating to the protection and management of historic environment that should be covered by the Part 2 Plan? Respondent Comment Response

Historic England Q6c.1 Historic England is of the view that the inclusion It is acknowledged that there a number of buildings within Derby of a Heritage at Risk (HAR) policy would need to that are currently considered to be ‘at risk’. Whilst proposals relating refer to all HAR in the Council area. HAR by its to such buildings would be considered against policies such as CP20 nature would be dealt with through relevant and any replacement policies relating to specific assets, the Part 2 policy relating to the historic environment either provides an opportunity to include a more pro-active policy relating through a single policy or policies for specific to specific assets at risk, similar to the approach taken with Darley heritage assets as per Section 6a of the Issues Abbey Mills in the DCLP1. and Options document. Any references to enabling development, in the context of the In order to justify this approach, an appropriate strategy for bringing historic environment, raise other issues in that the assets back into beneficial re-use will need to be demonstrated. enabling development is inherently contrary to A development brief is currently being developed for Allestree Hall policy, and drafting a policy to allow it on specific to inform disposal and future proposals. The Part 2 provides an sites raises logical as well as drafting challenges, opportunity to reflect some of the principles in the emerging brief. and would result in the Council effectively In the absence of specific strategies for other assets at risk it may be arguing against its own Plan. If Allestree Hall is a that a future policy only relates to Allestree Hall, rather than particular concern then it may be more heritage at risk more generally. appropriate to undertake a development brief or

SPD for the site in order to set out aims and aspirations for the site. We would be happy to discuss these issues with you in due course.

Derby Civic Society Q6c.1 The Civic Society lists the following five historic Comments are noted. buildings which are at risk: • Friargate Bridge (Grade II Listed) • Hippodrome (Grade II Listed) • Allestree Hall (Grade II* Listed) • Rowditch Barracks (Grade II Listed) • Smith’s Clockworks (Locally Listed)

Whilst the Society praised the Council which have resulted in a number of ‘at risk’ buildings being successfully redeveloped; it noted that three of the five buildings listed above, are owned by the City Council and that the Council should lead by example and save the buildings.

The Council should use its powers to enable the Restoration Trust to acquire the Hippodrome and the Council should acquire Smith’s Clockworks.

They suggest that policies in the Part 2 Plan could help achieve this.

Learning, Health and Community Health and Wellbeing Questions Q7a.1 Should the Local Plan include a policy for health and wellbeing? Q7a.2 Have we included every subject which would have an impact on health and wellbeing? Q7a.3 Is there any evidence we should be aware of which will help to support the policy?

Respondent Comment Response

Theatres Trust The Trust supports the preferred approach to protect and The comment from the Theatres Trust is welcomed and noted. improve social and community facilities including cultural venues. We recommend this policy contains robust criteria The aim of the Health and Wellbeing policy is to provide a ‘hook’ for to satisfactorily demonstrate facilities are genuinely other subsequent policies in the Local Plan. In this instance, the redundant and no longer required by the community, rather Local Plan Part 1, Policy CP21: Community Facilities contains criteria than purely on economic viability. which seeks to retain community facilities ‘unless it can be demonstrated that there is no longer a need to retain the use, alternative provision is made or where we can assist strategic partners to renew or restructure their provision’.

Derby City Council There have been campaigns in the past about putting sweets Whilst the planning system can play an important part in creating a Councillor at checkouts in shops. It is now increasingly recognised that healthy environment, it cannot dictate what specific goods retailers all sugary and highly processed foods are contributing to can and cannot sell or influence where those good are displayed in obesity and over-weight in both children and adults. Can we the store. restrict the sale of such items, particularly at checkouts?

Derby City Council For the youngest and oldest in society, being able to rest can The comment is noted. Councillor greatly increase the distance it is acceptable to walk, thus improving the prospects for modal shift and exercising. Key walking routes should be provided with seats for this purpose at attractive intervals. If we think that 400m is okay to walk to the local shop, then probably half this distance is where the seats need to go – and one by the shop! We need

to remember that many routes are walking routes, not just main roads.

Derby City Council While lifts and escalators are needed for some, most people The comment is noted. Whilst the external layout of development Councillor can get a little incidental exercise by walking up stairs, or schemes can be influenced through discussions with the planning even propelling themselves up slopes. The layout of both officer to ensure that an attractive and accessible environment is external and internal spaces can encourage the taking of created, the internal layout of a building is developed and refined exercise as part of daily routine. Changes may be simple, through the Building Regulations. such as ensuring the stairs are easily visible when you arrive or making stairs wide enough for people to continue their conversation even if they meet someone coming the other way.

NHS Property Q7a.1 NHS Property Services LTD (NHS PS) welcomes The Council notes and welcomes the comment from the NHS. Services Ltd the approach outlined in the Derby City Local Plan Part 1 - Core Strategy Policy CP21 – The Council recognises that health provision and the Hospital Trust’s Community Facilities which seeks to assist those estate across both sites will evolve over the plan period and that any services providers seeking to extend or policy in the Part 2 Plan will have to be flexible enough to react to reconfigure their current service provision and these changes. Whilst the Council welcomes the suggested text, would support this approach being continued further consideration and discussions will be required to determine within a proposed Health and Wellbeing Policy in if it is suitable for inclusion in any future draft policy. the Local Plan Part 2.

NHS PS would support more flexible policies therefore that enable the NHS Commissioners conclusions to be acted upon where surplus land is identified, for the benefit of the local community and the NHS for the shared aim to provide essential services.

Where it can demonstrate that healthcare facilities are no longer required for the provision of services, there should be a policy presumption

that such sites are suitable for housing (or other appropriate uses). It is imperative that NHS sites are not subject to overly onerous policies, particularly when the NHSPS is pressured by the White Paper and DCLG to deliver more housing. It also has a statutory duty to help finance improved healthcare services and facilities nationally through the disposal of their sites.

Suggests the following text for inclusion in any draft Part 2 policy:

The loss or change of use of existing community facilities will be acceptable if it is shown that the disposal of assets is part of a wider estate reorganisation programme to ensure the continued delivery of public services and related infrastructure, such as those being undertaken by the NHS. Evidence of such a programme will be accepted as a clear demonstration that the facility under consideration is neither viable nor needed and that adequate facilities are or will be made available to meet the ongoing needs of the local population. In such cases no marketing will be required.

Sport England Q7a.1 Agree that a health and wellbeing policy could be The comment from Sport England is noted and welcomed. beneficial and justified.

Public Health Q7a.1 The Council should include a specific policy in the The support for including a Health and Wellbeing policy is noted and Local Plan which brings together the diverse welcomed. As the consultation document indicated, the policy will subjects which fall under Health & Wellbeing. The bring together various strands from the Part 1 Plan and the policy should also make explicit the health emerging Part 2 Plan and further work will be undertaken to source

impacts of housing (the cost to the NHS of poor robust evidence. quality housing is £2.5 billion per annum (BRE, 2010)) and transport (provision of public transport improves air quality, mitigates climate change, and promotes physical activity). Policy- makers can find further evidence to support a Health & Wellbeing Policy in "Spatial Planning for health: an evidence resource for planning and designing healthier places" (Public Health England 2017).

PD&G on behalf of Q7a.1 A policy for health and wellbeing would accord The comment is noted and welcomed. JGP Properties Ltd well with both sustainable design and policies for the enhancement of public open space and recreational – in turn, a policy for health and wellbeing would more flexibly set an objective for all sites to deliver health and wellbeing improvements.

Home Builders Q7a.1 If the Part 2 Plan includes a new policy on health Responses from both the HBF and William Davis make the same Federation & wellbeing then any requirement for a Health point; that the requirement for a Health Impact Assessment for all Impact Assessment for all major developments major development goes over, and above, the requirements of the should not go beyond the general expectations of NPPF. the NPPF that planning will promote healthy communities. The NPPG states that:

The requirement for the submission of a Health Local authority planners should consider consulting the Director of Impact Assessment for all major development Public Health on any planning applications (including at the pre- without any specific evidence that individual application stage) that are likely to have a significant impact on the schemes are likely to have a significant impact health and wellbeing of the local population or particular groups upon the health and wellbeing of the local within it. This would allow them to work together on any necessary population would not be justified by reference to mitigation measures. A health impact assessment may be a useful the NPPG. tool to use where there are expected to be significant impacts.

William Davis Q7a.1 If the Part 2 Plan includes a new policy on health & wellbeing then any requirement for a Health Given the definition of what constitutes ‘major development’ in the Impact Assessment for all major developments Part 1 Plan and the content of the paragraph above, the Council should not go beyond the general expectations of considers that the final bullet point in the consultation document the NPPF that planning will promote healthy may be too excessive. Therefore, a more reasoned approach in-line communities. DCC’s preferred approach to apply with the spirit of the NPPF and the NPPG will be incorporated into the need for all major development to produce a the draft policy. Health Impact Assessment is considered excessive. It also contravenes the NPPF which at para 154 states “Local Plans should be aspirational but realistic.”

Sport England Q7a.2 Other relevant factors beyond those mentioned The comment from Sport England is noted and the suggestions will include wider aspects of design, master planning be considered in the formulation of the draft Health & Wellbeing and delivery such as consideration of co-location policy. However it should be recognised that the Health & of facilities, suitable supporting infrastructure Wellbeing policy does not cover every aspect of creating a healthy and planning/integration of active travel routes environment and that other policies in the Part 1 and Part 2 plans to promote accessibility to places and activities will cover these issues. that have health and wellbeing benefits. Hospitals Questions Q7b.1 Should we have a specific policy in the Local Plan for both hospital sites? Q7b.2 Do you agree with the preferred approach?

Respondent Comment Response

NHS Property The proposed policy includes an absolute requirement to The Council notes the comment from the NHS. Services Ltd restrict the use of site to contain community facilities only. Our initial thoughts and the subject of this consultation were to seek NHSPS’s Property Strategy team has been supporting Clinical people’s views on a potential Part 2 policy for just the Royal Derby Commissioning Groups and Sustainability and and London Road sites. However, this response raises the issue Transformation Plan groups to look at ways of better using about the wider NHS estate in Derby.

the local health and public estate. This will include identifying opportunities to reconfigure the estate to better Through initial discussions with the Derby Hospitals Foundation meet commissioning needs, as well as opportunities for Trust it was decided to explore an option which would provide a delivering new homes (and other appropriate land uses) on policy framework for both sites, recognising that other surplus sites emerging from this process. The ability of the complimentary uses could be accommodated on each site whilst NHS to continually review the healthcare estate, optimise providing a degree of flexibility to react to any changes over the plan the use of land, and deliver health services from modern and period. It was envisaged that Policy CP21: Community Facilities fit for purpose facilities is crucial. would be appropriate.

Given that there is very careful oversight from NHS England The representation also indicates a conflicting view on the site and CCGs to ensure sufficient services are provided, and that boundary for the London Road Site; the Trusts agreed boundary is the estate is fit-for-purpose, additional protection through substantially larger than the one provided by the NHS Property planning policy should be unnecessarily in relation to public Services. healthcare facilities. It is considered that, given the content of this response from the Any policy that would restrict the use of the hospital site (or NHS Property Services and the views of the Derby Hospitals wider NHS sites) can prevent or delay required investment in Foundation Trust, further dialogue between both parties is alternative facilities and work against the Council’s aim of necessary in advance of publishing the Part 2 Plan. providing essential services for the community. Furthermore, it would delay the process of delivering the NHS estate regeneration programme and lead to unnecessary cost to the NHS.

The response concludes by suggesting the following text for inclusion in any Part 2 policy:

Should the site be declared surplus to requirements as part of a wider estate reorganisation programme to ensure the continued delivery of public services and related infrastructure, such as those being undertaken by the NHS then the loss or change of use of existing community facilities will be acceptable. Evidence of such a programme

will be accepted as a clear demonstration that the facility under consideration is neither viable nor needed and that adequate facilities are or will be made available to meet the ongoing needs of the local population. In such cases no marketing will be required.

Public Health Q7b.1 The Council should have a specific policy for both The comment from Public Health is welcomed and noted. hospital sites. This will allow the Council to support development at these sites that not only improves healthcare facilities and equitable and sustainable access to them, but also promotes hospitals as healthy places designed sustainably and well to encourage physical activity and the restorative power of the built and natural environment. Former Derby Canal Questions Q7c.1 Should the Part 2 Plan include a detailed policy to safeguard the route of the canal? Q7c.2 Should the policy be expanded to include the aspirations of the Canal Trust and make reference to the ‘Derby Arm’ which would connect the canal with the River Derwent? What evidence is available to support their inclusion?

Respondent Comment Response

Historic England Historic England is of the view that the Part 2 Plan should The comments from Historic England regarding the need to include a include a policy in order to safeguard the route of the canal policy protecting the route of the canal are noted. Whilst the which is a heritage asset. The aspirations of the Canal and Council is aware of the aspirations of the Canal Trust and recognises River Trust for the Derby and Sandiacre Canal are known, the benefits the projects can bring to the City, any inclusion of the and are welcomed, and the Derby Arm has the potential to projects in the draft plan must be supported by a robust evidence rival the Falkirk Wheel and the Anderton Boatlift, all linking base. in with heritage related tourism opportunities. It may be worth considering whether there is any merit in developing Officers are working with the Trust and with third parties, including ideas with other stakeholders linked to the wider site under landowners, to help deliver the project. However, allocating land

Duty to Cooperate requirements. and referencing projects in the Part 2 Plan without the robust evidence to support their inclusion would call in to question the ‘soundness’ of the plan at examination.

Natural England Q7c.1 Natural England supports the policy to safeguard The comment from Natural England is welcomed and noted. the route of the canal, as well as providing green infrastructure benefits, the canal has the potential to promote the preservation, restoration and re-creation of priority habitats, ecological networks and the protection and recovery of priority species populations linked to national and local targets.

Derby and Q7c.1 The Trust considers that Option (c) is the most The key to incorporating a policy in the Part 2 Plan which includes Sandiacre Canal acceptable as it carries forward the intent of the the long-term aspirations of the Canal Trust is the provision of Trust ‘saved’ policy and adds other aspects to reflect robust evidence from the Trust. Through discussions with the Canal the aspirations of the Trust. The indication is Trust, the Council are aware if their aspirations to construct the welcomed for new policies to support the Derby Arm and create a marina in the City. However, the land additional proposals of the canal restoration highlighted to accommodate the Arm is allocated as employment project, particularly in relation to the 'Derby Arm' land under Policy AC11 and is under the control of a third party. and the use of the River Derwent for navigation from that feature to the City Centre. As stated previously, allocating land and referencing projects in the Part 2 Plan without the robust evidence to support their inclusion would call in to question the ‘soundness’ of the plan at examination.

Derby Civic Society Q7c.1 Supports the restoration of the canal and The comments from the Civic Society are welcomed and noted. considers that it makes sense to safeguard the route.

Member of the Q7c.1 A detailed policy should be developed to The comment is welcomed and noted. Public safeguard the route of the canal.

Derby and Q7c.2 The Trust requests that a policy is included which The Council welcomes the suggestion from the Canal Trust and will, Sandiacre Canal requires development adjacent to the canal and in the development of a new policy, explore a way of including some

Trust river not only to protect those routes but also to additional design-based criteria. The Council will also, explore enhance them by good design quality whether policies in the Local Plan Part 1 (CP3: Placemaking development taking account of the benefits of Principles and CP4: Character and Context) will meet this their canal or riverside location in terms of the requirement without additional duplication in the Part 2 Plan. attraction of the location, enhancement of a sense of place and increased financial value.

Derby and Q7c.2 It is expected that planning obligations/ Contributions towards the canal restoration improved public realm Sandiacre Canal mitigation would be appropriate for canal and sustainable transport measures can be sought but only where Trust restoration, improved public realm and enhanced they are directly related to a proposed development and where they commuting and leisure walking and cycling comply with the CIL Regulations. provision.

Derby and Q7c.2 The evidence base for the Derby Arm and River Whilst the Council is aware of the aspirations of the Canal Trust and Sandiacre Canal use can be found in the considerable benefits recognises the benefits the projects can bring to the City, any Trust such schemes would bring to the City's economy, inclusion of the projects in the draft plan must be supported by a tourism attraction, leisure activities and robust evidence base. It must be remembered that any allocations enhanced quality of place and environment. or projects included in the Part 2 Plan without the evidence would Commercial evidence is available in terms of cost call in to question the ‘soundness’ of the plan at examination. estimates, suitable land and potential funding sources.

Member of the Q7c.2 The policy should be expanded. Can any funding This suggestion, while welcomed, is not something that can be dealt Public be secured to encourage young people to get out with in the Local Plan. and make a difference to their environment? Hot Food Takeaways Questions Q7d.1 Based on the evidence provided, are we correct in our assumptions not to include a policy for hot food takeaways in the Local Plan? Q7d.2 Should we impose a buffer zone around schools and open spaces? Q7d.3 Should we go further and set buffers around other uses?

Respondent Comment Response

Public Health Q7d.1 The Council should include a policy which sets As the Evidence Base Topic Paper has indicated, the Council does buffer zones around schools and open space. The not think that a blanket rule banning takeaways near schools or rate of increase in obesity in England has been open space is appropriate for the City. The Use Class designation particularly high compared to other countries, (A5) is a land use designation. It does not reflect the healthiness of and the proportion of obese children increases the food that is served. The principle of tarring all businesses within alarmingly between reception year (9%) and year this use class with the same brush seems an arbitrary approach to 6 (20%) in England. For Derby these figures are regulate what is effectively food standards, which a licensing system 10.1% at reception and 23.1% at year 6, which is would be better placed to do. At the very least the principle of the significantly higher than the national average. healthiness of food being a material consideration in the planning The upward trend in obesity at year 6 in Derby is process could lead to delay in delivery and potentially very of particular concern. complicated conditions on development.

Public Health Q7d.1 While not all food sold at a hot food takeaway may be unhealthy, if the takeaway sells healthy food this might be considered to allow an exception to the policy. It is acknowledged that A5 category uses are by no means the sole source of highly calorific / processed foods, but the majority of establishments in this category do sell such products at low prices, thereby contributing to the obesogenic environment. A policy to restrict hot food takeaways around schools and recreational open spaces should therefore constitute one measure amongst many others which together will help reverse the increasing rates of childhood obesity.

SSA Planning on Q7d.1 Based on the evidence provided, we consider The comment from SSA Planning is noted. behalf of Kentucky that you are correct in your assumptions not to Fried Chicken include a policy for hot food takeaways in the Local Plan of the sort suggested in option (a). We

agree with paragraph 4.10.6 of the Evidence Base that it is clear that there is an issue with obesity levels, but that it is also clear that less 'healthy' food is sold from a variety of sources in a range of use classes, so that focussing on a particular use class is unlikely to achieve the desired result.

We further agree with paragraph 4.2.11 of the Evidence Base Paper that there is little evidence for an effect of the retail food environment surrounding schools on food purchases and consumption, so that proximity-based policies are unlikely to achieve the desired result, even if applied to a wider range of uses. Whilst there is also little evidence of a link between the density of such uses and obesity, there are sometimes good retail, if not public, health reasons to control this.

SSA Planning on Q7d.1 SSA Planning does not consider policies based on The comment from SSA Planning is noted. behalf of Kentucky proximity would reduce obesity levels in respect Fried Chicken of users of the receptor, whether that is a school, open space or facilities for young people. They consider that, because the uses from which food and drink is sold tend to be lower-order local uses, there is a real risk that such policies would simply reduce accessibility and therefore active travel amongst the populations that happen to live within the "buffer zones" and harm viability. School Uses Questions Q7e.1 Do you agree with the preferred approach?

Q7e.2 Are there alternative approaches to delivering these sites?

Respondent Comment Response

No responses were received.

Transport Protected Routes Questions Q8a.1 Do you agree that option (a) should be the preferred option? Q8a.2 Is there another approach we should consider?

Respondent Comment Response

Derby City Council People instinctively take the ‘easy’ option, so we need to The comment is noted. Councillor make the active travel option the ‘easy’ one. So paths should lead to the pavement, not the garage or car hard- standing, cycle storage should be by the door, not in a shed at the bottom of the garden. Public Health Q8a.1 The Council should include a general policy which The comment from Public Health is welcome and noted. The sets out the Council’s commitment to providing consultation document highlighted that it is the Council’s intention new routes and protect existing routes. NICE to develop a policy which commits the authority to retaining and Guidance on physical activity and the improving the current walking and cycling network plus will support environment (March 2018) recommends councils the aims of the Rights of Way Improvement Plan and the emerging identify and prioritise local areas where there is a Local Cycling and Walking Infrastructure Plan. high potential to increase travel on foot, by bicycle, or by other forms of active travel. We should also ensure new and refurbished footways, footpaths and cycle routes link to

existing routes and improve the connectivity of the network as a whole - aiming to make it as easy as possible for people to walk, cycle or use other forms of active travel rather than making short journeys by car.

Derby Civic Society Q8a.1 Supports the protection of the Mick/Mack route The comment from the Civic Society is welcomed and noted. Any either as a walking/cycling route or a tram route. policy in the Part 2 Plan has to be based on robust supporting evidence and has to be deliverable over the plan period. At the present time, the Council is unaware of a scheme which would create a tram route along the Mick/Mack route. Without any supporting evidence, its inclusion would call into question the “soundness” of the plan. Air Quality Questions Q8b.1 Does this approach comply with national guidance? Q8b.2 Have we missed anything which should be included in the draft policy?

Respondent Comment Response

Public Health Q8b.1 Agree. Option (a) is perhaps at this time the only The comment from Public Health is welcome and noted. Officers feasible option, however national guidance set will continue to work closely with colleagues in Environmental out in the “Clean Air Zone framework; Principles Health to ensure that the findings of the Clean Air Strategy will be for setting up Clean Air Zones in England – May reflected in the draft policy. 17” states Clean Air zones should be included in local plans / policies. Given the current stage of the local plan and Clean Air Zone business case there will need to be an ability to add necessary information once available. The evidence supports the need to ensure air quality is considered within all planning applications. Given AQMA reflect only NOx and evidence

demonstrating health risks posed by PM and the lack of save level, it is necessary to ensure planning considers air quality at all levels development.

Derby Civic Society Q8b.1 The Society considers that Option (b) is the right The Council welcomes the comments from the Civic Society and the approach. support for Option (b). The actual scope of the approach will be explored through the development of the policy and the emergence In addition, they understand that that there are of the evidence base. only a handful of air quality monitoring stations that are working. These should be checked and The comment regarding the condition and number of monitoring replaced/repaired as soon as possible. Additional stations will be passed on to colleagues in Environmental Health. monitors need to be installed around the city particularly near industrial sites.

Natural England Q8b.2 Natural England recommends that the policy on The comments from Natural England have been noted and will be Air Quality should address the impacts of air explored in the development of a Part 2 Policy. quality on the natural environment, in particularly Sites of Special Scientific Interests (SSSI’s) through increases in traffic and other situations liable to create an increase in pollutants.

Public Health Q8b.2 Planning guidance needs to support mitigation The comment from Public Health is welcome and noted. This measures such as setbacks and green space, and consultation is also exploring other policies, such as the installation ensure measures to support the development of of EV charging points, which will help address air quality issues in the infrastructure such as LEV charging points and City. sustainable travel. Evidence to support planning is available via the East Midlands Air Quality Network planning document.

Member of the Q8b.2 Can a tax on parking be introduced and the The Local Plan is not the document to introduce a tax on parking. Public proceeds used to fund public transport?

Parking Standards Questions Q8c.1 Are we correct in relying on Policy CP23 and Appendix C in the DCLP1? Q8c.2 Should we include a specific policy in the Part 2 Plan for parking standards and what approach should we take? Q8c.3 Is there a clear justification which will allow us to include a specific parking standards policy in the Part 2 Plan?

Respondent Comment Response

Derby City Council We are encouraging people to walk and cycle more rather The comments are noted. Policy CP23 seeks to ensure that Councillor than drive. Whilst a car can be left on the road this is not everyone has various travel options while Appendix C provides the case for a bicycle, so we need to think about both standards for car, motor cycle and cycle parking. The standards householder parking, and visitor parking. If we are to provide a starting point for future discussions in the application maximise modal shift, this needs to be as convenient as process and cover a variety of uses. possible (more convenient than using the car) so that might be a large porch or lockable passageway access.

The space would probably be useful for other items such as a pram or pushchair too. For more casual visitor parking, a safe locking point nearby may be sufficient. This could be railings, the street name plate or lamppost loops.

And it should go without saying that any venue which the public is expected to visit (from shops to surgery) should have cycle parking outside it.

Home Builders Q8c.1 The HBF agrees that the Council is correct in The comments are noted. Federation relying on Policy CP23 and Appendix C as set out in the adopted Derby City Local Plan 1.

Public Health Q8c.1 Parking standards must ensure that whilst The comment is welcomed and noted. The parking standards in the supporting development they do not promote or Local Plan Part 1 are used as a starting point in any discussions with provide preference to motor vehicles above developers. It should also be noted that the standards are not just alternative transport methods, and that any for motor car but also for cycles. It is clear that the policy directions

standards reflect policy and drivers within Air being considered in the Part 2 Plan and the adopted policies in the Quality and Sustainable Travel. Derby City Local Plan Part 1 aim to create a healthy and accessible environment without having a detrimental effect on the City’s growth.

Turley on behalf of Q8c.1 Both the Policy and Appendix C are sufficient and The comments are noted. Miller Homes flexible and provide an appropriate guide to the Council’s aspirations for parking provision which is not overly prescriptive. No additional policy/wording is required.

Partnerships for Q8c.1 Parking remains a key issue for businesses in both Whilst the concerns of the BID Companies are noted, it should be Better Business BID areas and features heavily in both Business recognised that the consultation sought people’s views on the Plans. Research undertaken as part of both BIDs' amount of parking required as part of any new development. renewals indicates that over 70% of businesses in Policies in the Local Plan cannot influence parking tariffs and the both areas would like to see an improvement in condition of existing car parks. the parking experience for both customers and employees. Whilst price continues to be a key concern, other factors such as tariff structure, safety and security and the condition of the multi-storey car parks were all raised as important issues. The Council parking review needs completing as a matter of urgency and the recommendations implementing without delay.

William Davis Q8c.1 William Davis agrees that the Council is correct in The comments are noted. relying on Policy CP23 and Appendix C as set out in the adopted Derby City Local Plan 1. Therefore there is no necessity for the inclusion of a specific policy on car parking standards in the Part 2 Plan.

St James Securities Q8c.1 So long as the standards in the DCLP1 are The comments are noted. adopted on an appropriately flexible basis, reflecting the maximum nature of the standards,

and taking account of evidence from successful developments in other city centre locations, then the continued application of the existing policy is supported with no need for review.

Turley on behalf of Q8c.2 Considers that any policy in addition to that The comments are noted. Miller Homes contained within the DCLP1 is likely to add another level of detail and complexity to the application of parking standards, in conflict with Paragraph 39 of the NPPF which requires local planning authorities to take account of local circumstances in the application of parking standards.

Turley on behalf of Q8c.3 Considers that it is not necessary for the Part 2 The comments are noted. Miller Homes Plan to include specific parking standards. Park and Ride Questions Q8d.1 Should a policy be included in the Part 2 Plan which sets criteria for the location and design of any future Park and Ride facility in the city? Q8d.2 Are there any additional criteria we should include in the policy? Q8d.3 Are there any sites, in addition to the two allocated in Policy AC24, which we should consider?

Respondent Comment Response

Public Health Q8d.1 The Council should include a new policy which The comments from Public Health welcomed and noted. The sets out the design principles for any new Park & Council’s preferred approach in providing detailed design criteria for Ride facility. This will support sustainable any future Park & Ride facility will address Public Health’s transport, improve air quality in the City Centre, comments. and promote active travel, and safety of routes – all of which serve to improve health and wellbeing. Consideration of parking and ride

facilities where known air quality issues exist should be facilitated including ensuring access to key routes such as Derby Hospitals. Bus Station Extension Questions Q8e.1 Should there be a specific policy for the bus station extension? Q8e.2 A policy could set out criteria for design, access and egress and potential complementary uses; should anything else be included?

Respondent Comment Response

Partnerships for As well as the extension to the bus station, consideration The Council works closely with the various bus companies operating Better Business also needs to be given to the locations for pick up and drop in the City to ensure a regular and reliable service. The issues raised off elsewhere in the City. Concerns persist regarding the by the respondent are acknowledged and measures will be area around Babington Lane where buses are often in implemented in the near future around Babbington Lane to reduce conflict with other road users and pedestrians. The the conflict between buses, car and the public. However, it should Cathedral Quarter area suffers greatly from the current be recognised that any measures introduced are often constrained routing of buses with very few pick-up and drop-off points. by Derby’s historic infrastructure network. Given that many users of the Cathedral Quarter also happen to be elderly or with reduced mobility, this severely restricts the possibility of these people visiting the area as the walk from the bus station is quite significant.

Public Health Q8e.1 There should be a specific policy for the bus The comments from Public Health are welcomed and noted. station extension, allowing us to link development to objectives relating to air quality, and healthy weight environments.

Historic England Q8e.2 Any policy for a Bus Station Extension would The comments from Historic England are noted. need to consider any impact on heritage assets and setting, including any impact on the DVMWHS and its buffer zone and setting.

Electric Vehicle Charging Questions Q8f.1 Should we include a specific policy for EV charging points in the Part 2 Plan and reflect the recommendations of the Low Emission Strategy? Q8f.2 Is there evidence available which will enable us to specify a minimum number of charging points in any development? Q8f.3 Should we require a percentage of parking spaces to be equipped with charging points on all major developments and transport interchanges (development of over 100 dwellings and commercial, leisure and industrial developments over 2,500sqm gross floor space or in excess of 1.0 hectare)? Respondent Comment Response

Derby City Council More people are now having electric assisted bicycles, so The comment is noted. Councillor charging points should be provided, and these should be suitable for use by powered mobility scooters too.

Home Builders It may be premature for the Council to introduce a specific The NPPF, paragraph 35 states that “Plans should protect and exploit Federation policy for electric vehicle charging points in all new major opportunities for the use of sustainable transport modes for the developments in the Part 2 Plan. movement of goods or people. Therefore, developments should be located and designed where practical to…incorporate facilities for Before pursuing such a policy, the Council should engage charging plug-in and other ultra-low emission vehicles”. with the main energy suppliers in order to determine network capacity. If re-charging demand became excessive DEFRA have highlighted that Derby is one of five cities where air there may be constraints to increasing the electric loading in quality is an issue. To help deliver the government’s commitment to an area because of the limited size and capacity of existing improve air quality, the Council is required to designate Clean Air cables and new sub-station infrastructure may be necessary. Zones. The scope and extent of these zones are still being determined however, policies in the Local Plan can make a positive The cost of such infrastructure may adversely impact on contribution to help reduce pollution. housing delivery. If electric vehicles are to be encouraged by the Government then a national standardised approach An EV Charging Study is currently being developed and its implemented through the Building Regulations would be recommendations will inform the direction of any Part 2 policy. more appropriate. However, given that the aim of the Clean Air Zone is to reduce pollution in city centres and encourage the replacement of old, polluting vehicles with modern, cleaner vehicles and the emergency

of hybrid and electric vehicles, it would seem appropriate to integrate new technologies in new development.

In July 2017, the National Grid published a report (Future Energy Scenarios) which considered the impact on the electricity demand based on a number of growth scenarios; scenarios which included the growth in ownership of EV vehicles. This document will be used as a starting point for any future discussions with energy providers. As part of updating the Infrastructure Delivery Plan and to meet the requirements of the Duty to Co-operate, the Council will engage with energy providers to help determine what infrastructure will be required. However, early discussions with Western Power indicate that they are currently assessing the impact but they feel that the network won’t be a barrier but there may be instances where future resilience work may be needed.

Other respondents have questioned the requirement to provide charging points in all major development and this requirement will be revisited through the preparation of any policy.

Public Health Q8f.1 The Council should include a specific policy The comments from Public Health are welcomed and noted. requiring the provision of EV charging points in all new major development and supporting their installation in smaller developments across Derby, as well as requiring a percentage of parking spaces to be equipped with charging points on all major developments and transport interchanges - thereby addressing air quality issues in the City.

The policy should reflect the recommendations of the low emission strategy as this is the best available evidence.

William Davis Q8f.1 It is suggested that DCC should reassess the DEFRA have highlighted that Derby is one of five cities where air notion to have all major development include the quality is an issue. To help deliver the government’s commitment to provision of Electrical Vehicle (EV) charging improve air quality, the Council is required to designate Clean Air points. In order for a Policy to establish this there Zones. The scope and extent of these zones are still being would have to be clear evidence to suggest a determined however, policies in the Local Plan can make a positive need via extensive air quality assessments. Whilst contribution to help reduce pollution. some Local Authorities adopt such policies, they are normally applied to specified areas; and A Low Emission Strategy is currently being developed and its established after a clear need for low carbon recommendations will inform the direction of any Part 2 policy. transport means are shown (e.g. related to Air However, given that the aim of the Clean Air Zone is to reduce Quality Management Areas). Moreover, a policy pollution in city centres and encourage the replacement of old, approach to require all major development and a polluting vehicles with modern, cleaner vehicles and the emergency percentage for each type could have a negative of hybrid and electric vehicles, it would seem appropriate to impact on the viability of projects and adversely integrate new technologies in new development. impact housing delivery. The requirement for all major development to provide EV charging points will be explored through the policy writing and evidence gathering process.

St James Securities Q8f.1 The introduction of a policy encouraging The comment is welcomed and noted. The content of the policy will incorporation of Electric Vehicle Charging Points be developed over the next few months and based on discussions is supported, and reflects the reality that an with various teams within the Council, the findings and increasing number of cars will be electrically recommendations of the emerging Low Emission Strategy and best powered during the plan period. practice being developed in other local authorities.

However, to apply a standard rigid requirement would be counter-productive. A more flexible approach would require adequate provision up front, based on the latest evidence of local use, with the potential scope to future proof further provision to a given target.

Member of the Q8f.1 Yes, there should be a policy. Electric vehicles The comment is welcomed and noted.

Public will be essential to improve air quality.

Public Health Q8f.2 There is limited evidence as to the number of In advance of formulating a draft policy, officers will be contacting required points. However, consideration must be other local authorities to determine what evidence will be required. made to the future requirements and the At the moment the number of authorities developing EV policies is evidence around driving and charging style. limited but Lancaster City Council and the City of London have There are a number of policies within other areas introduced policies which have set thresholds for EV charging points which can be utilised as best practice. Evidence for different types of development. demonstrates home and work charging are the preferred options and policy should support this. At venues such as these slow or fast charging is often appropriate. Car parks at venues where users are likely to stay for a period of time including leisure sites lend to a small number of fast charges. Guidance is available from the Office for Low Emission Vehicles and the Society of Motor Manufacturers and Traders.

Public Health Q8f.3 Best practice guidance is available from The Council agrees with the comments. Officers will be liaising with neighbouring authorities however there will need Western Power who provides the infrastructure for the East to be a degree of flexibility to take account of the Midlands to determine what is required to install EV charging points site, nature of use and future trends in charging. and what impact this will have on the electricity transmission Where feasible and given the needs to ensure infrastructure. access to home charging ensuring all developments have a minimum of passive wiring to domestic dwellings should be considered or ideally the installation of charge points. Passive wiring is relatively low cost to the developer yet significantly reduces the costs of retro installation. Similar policies have been implemented in other authorities successfully. Charge points and infrastructure will be considered desirable and essential in the coming

years for purchases of domestic and commercial properties.

Member of the Q8f.3 Yes. We cannot depend on the good will of The comment is welcomed and noted. Public developers who will not provide unless forced to. Access and Servicing Questions Q8g.1 Do you agree with the preferred policy approach? Q8g.2 Are there any other issues a policy should address?

Respondent Comment Response

Partnerships for Research during BID renewal highlighted examples of issues The comment from the BID Company is noted. Better Business with access and deliveries to businesses in both BID areas. Businesses on streets such as The Strand are faced with a dilemma when it comes to access and deliveries as the on- street parking restricts access. This often results in parking fines and/or the street being blocked for periods as deliveries are made. Consideration needs to be given to how the needs of the businesses and other road users can be best met whilst reducing the potential for conflict.

Other Development Management Enforcement Questions Q9a.1 Should the Part 2 Plan include a policy relating to the Council's approach to enforcement issues? Q9a.2 Do we need to consider any additional criteria?

Respondent Comment Response

Member of the Q9a.1 A policy relating to the Council's approach to The comment is welcomed and noted. Public enforcement issues is needed to heighten the profile of enforcement and encourage applicants to comply with planning conditions.

Derby Civic Society Q9a.1 Agrees that a policy should be included in the The comment is welcomed and noted. Part 2 Plan.

Historic England Q9a.2 Should the Council include an enforcement policy The comment is noted. within the emerging Plan, it may wish to consider referring to the use of various approaches to enforcement in relation to the historic environment. Further information can be found in the Historic England publication Stopping the Rot:

https://historicengland.org.uk/images- books/publications/stoppingtherot/

Natural England Q9a.2 Suggests having a policy to provide a distinction Policy CP19 of the Local Plan Part 1 provides the necessary criteria between international, national and local sites. which protect the different levels of designated sites which The policy would need to set out that any addresses the majority of Natural England’s comments. proposals which affect a European site, or causes

significant harm to a SSSI will not normally be The Council have been in contact with the Derbyshire Wildlife Trust granted. Also suggests the benefits of mapping to acquire the GIS data showing all of the designated sites in the designated sites so that these can be referred to City. The information will be added to the Policies Map through the within the Local Plan. Part 2 process.

Furthermore the development management policies should set out criteria to firstly avoid, then mitigate and, as a last resort compensate for adverse impacts on biodiversity per NPPF paragraph 118. Telecommunications Questions Q9b.1 Should a telecommunications policy be included in the Part 2 Plan or should we rely on the NPPF? Q9b.2 Is there anything that should be included or omitted from any policy?

Respondent Comment Response

Historic England Due to the numerous heritage assets within the City a The intention was, for the purposes of this consultation, to cover all specific telecommunications policy may assist in protecting designated assets such as Conservation Areas, Listed Buildings, Sites heritage assets and their setting as well as the historic of Special Scientific Interest etc. However, for clarity, the policy will environment in general as part of placemaking. In the list all of the relevant assets. preferred approach text it is not clear whether 'designated asset' refers to heritage assets and/or other assets. The setting of heritage assets would also need to be conserved or enhanced.

Member of the The respondent objects to the installation of mobile phone The comments and concerns over the health impact of mobile masts Public antennas in close proximity to buildings. An attached paper are acknowledged and noted. The options available to the Council highlights the negative health impact of 5G antennas. are limited in this respect and some installations are permitted under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995.

It should be noted that any future policy would only reiterate national planning policy in the NPPF, paragraphs 42 to 46. If the Council decided not to have a telecommunications policy, then the NPPF would take precedent. In addition, if the Council decided to include a policy in the Part 2 Plan which contradicted the NPPF, then the plan would be found ‘unsound’ by an independent Planning Inspector.

Derby Civic Society Q9b.1 Suggests that the following text is included in a The comment is noted and welcomed. The wording suggested will policy: be considered through the formulation of the draft policy. that no telecommunication masts or other equipment be permitted, if to do so would cause any harm to a heritage asset or conservation area.

Contaminated Land & Pollution Questions Q9c.1 Do you agree that there is a need for subject specific policies or could their requirements be adequately covered by the generic policies? Respondent Comment Response

Environment Q9c.1 With regard to a policy on contaminated land, The comment is noted. The supporting text for the existing policy Agency the EA notes the proposed approach to carry refers to the requirement for reduction of risk to controlled waters; forward the principles of Policy E13. Where consideration will be given to including wording to meet the contamination is known or suspected a full requirements of the Environment Agency. remediation strategy for the protection of groundwater amongst others factors would be required.

Environment Q9c.1 Notes that the preferred approach is to remove The comment is noted. There is no ‘ranking’ of policies in a Agency policies E12 and E14 and include the broad development plan and so a separate policy carries no greater weight principles of these policies within the Part 2 Plan. then criteria in a general policy. Specific factors can be highlighted within the supporting text for a policy.

Policy E12 dealt with pollution matters and we feel there may be some merit in keeping this policy separate to reiterate the importance of it. The EA would highlight the issues of the water quality improvements and this updated policy could benefit from the inclusion of the requirements of the Water Framework Directive.

Derby Civic Society Q9c.1 A number of planning applications have been Air pollution is a factor that could be covered by a general amenity allowed for the construction of recycling plants policy in the Part 2 Plan; this would apply to all proposals for involving the burning of refuse in residential development. areas. This has added to residents’ fears of air pollution. Locational requirements for waste treatment plants are for the Waste Local Plan to consider, not the Local Plan Part 2. The residents of Derby already suffer pollution above the safety margin set by the government. They do not wish to have this added to by plants that could be located further from residential areas. There should be a policy to specifically consider the effects of such processes on residents. Aerodromes Questions Q9d.1 Do you agree that there should be a policy to safeguard the area around the airport from inappropriate development? Q9d.2 Should a new policy cover any other issues?

Respondent Comment Response

East Midlands Agrees and supports the inclusion of a policy as it meets the The Council welcomes the comments by the airport and accepts the Airport requirements of ODPM Circular 1/2003: Safeguarding suggestion to reference wind turbines in the policy and the Aerodromes. However, it is suggested that the policy and supporting text. the supporting text should also include the development of

wind turbines.

Member of the Q9d.1 In order to encourage people to explore the City Whilst the comment is noted, the Local Plan isn’t the appropriate Public a travel guide should be published and made vehicle to deal with the publication of travel guides. available at the bus station and the train station. Other Saved CDLPR Environment Policies Questions Q9e.1 Do you agree that these policies should be deleted? Respondent Comment Response

Derby City Council We need to make it as easy as possible for people to do the The comment is noted. The Local Plan isn’t the appropriate vehicle Councillor ‘right thing’ when it comes to waste disposal. This doesn’t to deal with what are, effectively, detailed design matters. just mean ensuring there is space for three wheelie bins but to consider other, better possibilities too. Gardens could be provided with ‘green cones’ or compost heaps. Flats could have macerators to allow kitchen food waste to be added to the sewage waste potentially for anaerobic digestion. If we go back to ‘bring back’ bottles, where would these be stored until the next supermarket delivery or trip to the shops?

Making it happen OCOR ‘Tariff’ Questions Q10a.1 Are there any alternative funding mechanisms that could be explored? Respondent Comment Response

Environment Q10a.1 Notes that the preferred approach is to continue The principle of the OCOR programme is set out in Policy AC8 of the Agency seeking contributions through Section 106 where Part 1. Delivery of the programme was discussed at the Part 1 it is appropriate and justifiable to do so as the examination and information relating to funding was set out in the

other proposals of CIL and Section 106 thresholds Infrastructure Delivery Plan (IDP). would be cost and resource intensive. As the document highlights, there is a shortfall (circa The Part 1 requires developments within the defined OCOR area to £40million) in funding currently required to implement the OCOR programme by incorporating the required deliver packages 2 and 3 and we would welcome flood defences into the design of proposals and through the this section detailing further how this shortfall provision of new defences necessary to facilitate development. In could be addressed when the draft document is this context, parts of packages 2 and 3 will be delivered through the published. development process.

The consultation document explores the issue as to whether there is a consistent way of securing additional contributions from sites that fall outside of the defined OCOR area, but which receive benefit from the scheme. On the basis that in such cases the preferred option is to continue seeking contributions towards delivery through the S106 mechanism, with no thresholds, there’s no need for the draft plan to provide further information in relation to this issue as no new policy is needed to underpin this approach.

Whilst S106 contributions from sites receiving benefit may be able to make a small contribution towards the funding deficit, the reality is that funding gaps will need to be plugged by public sector grants.

Member of the Q10a.1 Suggests contacting the University of Nottingham Comment is noted. Public who may be able to help with exploring new funding mechanisms.

Appendix A Green Infrastructure Respondent Comment Response

Pegasus Group on The review of various old Policy Map Designations as part of Comments noted. behalf of Wilson the Part 2 Plan process is welcomed. In particular, we would Bowden support the review of Green Wedge Boundaries, particularly Developments those that affect the Infinity Garden Village Proposal (Policy CP18), together with the review of local wildlife sites (Policy CP19) and land currently shown as existing open space (Policy CP17), again as particularly relate to the Infinity Garden Village Proposals

Issues and Options Sustainability Appraisal Scoping Report General Comments Respondent Comment Response

Persimmon Homes 4.2, As confirmed by the Derby HMA authorities that Comments have been noted will be forwarded to the consultant North Midlands Page 9 state that the 2012 based household projections preparing the SA Scoping Report. do not change the OAHN figure of 33,388 dwellings - which were calculated at 32,207 dwellings by the 3 Councils to the Inspectors examining the South Derbyshire and Amber Valley Local Plan in March 2015. However, the OAHN of 33,388 dwellings will not significantly increase housing supply across the plan period as there is little consideration to employment rates, provision of affordable housing, adjustments for

market signals and household formation rates.

The statement that GL Hearn's evidence 'demonstrated that the city is constrained by a supply of suitable sites' is based on the prioritisation of brownfield sites and the use of restrictive Green Wedge policy that should have been reviewed previously so as not to restrict Derby's ability to meet its own OAHN.

Urban Vision Page 29 Acknowledges the intention to consider further Comments have been noted will be forwarded to the consultant Partnership Ltd on amendments to Green Wedge boundaries as part preparing the SA Scoping Report. behalf of the of the process of identifying non-strategic L.E.A.D. Academy housing and employment sites is welcomed, as Trust implicit recognition that brownfield land may not be capable of meeting the City's development requirements in their entirety.

LCS Container Page 29 Notes that the draft Scoping Report confirms that Comments have been noted will be forwarded to the consultant Services the Part 2 Plan will consider further amendments preparing the SA Scoping Report. and address the implications of existing as planned development on current boundaries and take full account of all other issues and opportunities raised in the Green Wedge Review. LCS concluded by stating that they wish to be involved in the review process in relation to its land holdings at Raynesway.

Derbyshire County Page 35 The Scoping Report needs to contain the right Comments have been noted and further information will be Council – Derwent terminology which reflects the UNESCO obtained from the Heritage Co-ordinator to ensure that the correct Valley Mills World Guidelines. wording is used before the comments are forwarded to the Heritage Site, consultant preparing the SA Scoping Report. Heritage Co-

ordinator

Face-to-Face Discussions Members of the public were offered the opportunity to discuss the consultation with officers. The following is a summary of the comments made and the Council’s response. Comment Response

All housing sites should be located within 100m of a bus stop. The comment is noted. In conjunction with the Council, bus companies assess the demand arising from new development and provide the routes and infrastructure necessary to serve the development.

More innovative housing solutions should be pursued to The comment is noted and it is acknowledged that it is important to make efficient use of make more efficient use of land and meet the housing needs land. The Council proposes to introduce minimum dwelling densities to try to ensure that of homeless people. ‘Pod’ style developments were land is developed efficiently for new homes and to ensure a mix of dwelling types is referenced. provided

Questioned how the necessary infrastructure is determined The Infrastructure Delivery Plan sets out the infrastructure necessary to support new to support development and how it is funded. development. The current version was prepared to support the Part 1 Local Plan; however, this will be updated to reflect progress since the adoption of the DCLP1. The document itself was developed through discussions with, for example, utility companies, the Clinical Commissioning Group and education providers. Funding comes from a variety of sources such as developer contributions, Council budgets and utility companies themselves.

Why isn’t Celanese being considered in the Part 2 Plan A Policy for the former Celanese site is in the Part 1 Local Plan. This policy recognises that the site represents a significant brownfield regeneration opportunity and provides criterion to guide future development.

There is a need for a policy for the Former Derby Canal The Council welcomes the comment.

What can Section 106 contributions provide? Section 106 Agreements assist in mitigating the impact of development to make it

acceptable in planning terms. Contributions can be secured for a variety of matters, such as Affordable Housing, education, highways and transport, open space, community facilities and healthcare.

How is house building is monitored in the City? Officers from the Planning Policy Team carry out an annual survey to determine how many dwellings have been built or are under construction. This information is published in the Annual Monitoring report.

How is the provision of affordable housing determined? The Local Plan Part 1 has a target of up to 30% of dwellings on residential developments of 15 dwellings or more to be delivered as affordable housing. This is normally delivered as rented or shared ownership but other types of affordable tenure are occasionally negotiated. During the application process, the Council and developer work together to determine the appropriate level and type of affordable provision on each individual site.

It’s good to see cycle and walking routes being supported in The Council welcomes the comment. The maintenance of the routes is undertaken by different policies but the Council needs to make sure these the Council and isn’t an issue which is addressed by the Local Plan. In addition, the are well maintained and lit to make them usable. provision of lighting is determined on the location of the route; in some instances, the lighting may not be appropriate, for example in a Green Wedge.

Appendix 1: Publicity Material

Dear

Derby City Local Plan Part 2: Issues and Options Consultation

I am writing to you because you have expressed an interest in Derby’s Local Plan. I am pleased to let you know that we have begun work on the Derby City Local Plan Part 2. Together with the Derby City Local Plan Part 1 which was adopted in January 2017, this plan will set out where new development will be located and how new growth will be managed up to 2028.

The Part 2 Plan is intended to provide more detailed ‘development management’ policies to guide planning decisions, review the remaining saved policies and allocations of the City of Derby Local Plan Review and allocate further smaller, non- strategic sites to ensure that our development needs are met.

The Issues and Options consultation is the first stage in preparing the Part 2 Plan and we are seeking your views on the scope of the document, the issues it should address and the options available.

We are also publishing a separate Sustainability Appraisal (SA) Scoping Report which, once finalised, will set the scope for the appraisal and the baseline conditions that the policies and proposals of the Part 2 Plan will be assessed against. We would welcome your views on the scope and content of this document.

This consultation will start on Wednesday 28 February 2018 and end at 5:00pm on Friday 13 April 2018. All of the Derby City Local Plan - Part 2 Issues and Options consultation material, including the main consultation document, an easy to follow summary, the accompanying Sustainability Appraisal, background evidence paper and representation forms are available on-line at https://www.derby.gov.uk/environment- and-planning/planning/ Alternatively, printed copies of all the consultation documents are available for inspection at the Council House and at local libraries.

Comments can be submitted by using the recommended forms which are available from local libraries or from the Council’s website.

If you would like to talk to us about this consultation before sending in your representations, Planning Officers will be available at the Council House, Booth 30 between 9:30am and 3:30pm on the following dates:

Tuesday 6 March Tuesday 13 March Tuesday 20 March Tuesday 27 March Tuesday 3 April Tuesday 10 April

Yours Sincerely

Dear Councillor

Derby City Local Plan Part 2: Issues and Options Consultation

I am pleased to let you know that we have begun work on the Derby City Local Plan Part 2. Together with the Derby City Local Plan Part 1, which was adopted in January 2017, this plan will set out where new development will be located and how new growth will be managed up to 2028.

The Part 2 Plan is intended to provide more detailed ‘development management’ policies to guide planning decisions, review the remaining saved policies and allocations of the City of Derby Local Plan Review and allocate further smaller, non- strategic sites to ensure that our development needs are met.

The Issues and Options consultation is the first stage in preparing the Part 2 Plan and we are seeking your views on the scope of the document, the issues it should address and the options available.

We are also publishing a separate Sustainability Appraisal (SA) Scoping Report which, once finalised, will set the scope for the appraisal and the baseline conditions that the policies and proposals of the Part 2 Plan will be assessed against. We would welcome your views on the scope and content of this document.

This consultation will start on Wednesday 28 February 2018 and end at 5:00pm on Friday 13 April 2018. All of the Derby City Local Plan - Part 2 Issues and Options consultation material, including the main consultation document, an easy to follow summary, the accompanying Sustainability Appraisal, background evidence paper and representation forms are available on-line at https://www.derby.gov.uk/environment- and-planning/planning/. Alternatively, printed copies of all the consultation documents are available for inspection at the Council House and at local libraries.

Comments can be submitted by using the recommended forms which are available from local libraries or from the Council’s website.

We are also offering members of the public the opportunity to talk to members of the Spatial Planning Team about the consultation. Officers will be available at the Council House, Booth 30 between 9:00am and 4:30pm on the following dates:

Tuesday 6 March 2018 Tuesday 13 March 2018 Tuesday 20 March 2018 Tuesday 27 March 2018 Tuesday 3 April 2018 Tuesday 10 April 2018

Yours sincerely

Derby City Local Plan Part 2: Issues and Options Consultation Briefing Note

February 2018

You may recall that, since 2009, we have engaged with you on the preparation of the Derby City Local Plan Part 1 – Core Strategy (DCLP1), a document which was adopted by the Council on 25 January 2017. We are now in the process of preparing the Part 2 Plan. This document follows on from, and is guided by the overarching strategy set out in the DCLP1.

At the present time we are seeking your views on a number of issues and a number of suggested policy options. The table overleaf lists of all of the policy areas we are looking at in the Part 2 Plan. As you can see the subjects we are consulting you about cover a variety of subjects but the following may be of interest:

Accessible and Adaptable Homes There is the potential to include a policy requiring homes to be built to higher standards to meet the needs of people with mobility and accessibility needs Hot Food Takeaways The level of obesity across all sections of the community has prompted us to consider a potential policy which would restrict the opening of Hot Food Takeaways around schools and open space. Gypsy and Traveller Sites There is a requirement for the Council to provide a number of permanent pitches in the City. We consider a number of options available to us to address this issue. Electric Vehicle Charging Points Do we need a new policy which supports the installation of charging points?

We have also published a separate Sustainability Appraisal Scoping Report which, once finalised, will set the scope for the appraisal and the baseline conditions that the Part 2 Plan will be assessed against. We would welcome your views on the scope and content of this document.

The Issues and Options consultation will end at 5pm on Friday 13 April 2018.

The documents are available on-line at www.derby.gov.uk/planning at local libraries and at the Council House.

Officers will be available on the following dates at the Council House, Booth 30 between 9:30am and 3:30pm if you wish to discuss any aspect of the consultation:

• Tuesday 6 March 2018 • Tuesday 27 March 2018 • Tuesday 13 March 2018 • Tuesday 3 April 2018 • Tuesday 20 March 2018 • Tuesday 10 April 2018

The following is a list of the policy areas we are seeking your views on through the Issues and options Consultation: • Air Quality • Amenity and Quality of Life • Parking Standards • Adverts, Signage and Shop Fronts • Park and Ride • City Centre Regeneration Sites • Bus Station Extension • Friar Gate Station/Slack Lane Regeneration Area • Electric Vehicle Charging Points • Meeting Residual Housing • Access and Servicing Needs/Allocating Further • Enforcement Development Sites • Telecommunications • Gypsy and Traveller Sites • Contaminated Land & Pollution • Saved CDLPR Allocations • Aerodromes • Saved CDLPR General Housing Policies • Recycling facilities • Self/Custom Housebuilding • Protection of Mineral Resources • Accessible and Adaptable Homes • Our City Our River ‘Tariff’ • Meeting Employment Land Needs • Markets • Shopping • Derbyshire County Cricket Ground • Pride Park Leisure Hub • Proposed Open Space • Outdoor Recreation • Supporting Local Sports Clubs • Cemeteries • Mickleover / Mackworth Green Wedge • Heritage Development Management Policies • Tall Buildings • Heritage at Risk • Health and Well-Being • Hospitals • Former Derby Canal • Hot Food Takeaways • School Uses • Protected Routes

In Touch: 5 March 2018

In Touch: 12, 19, 26 March 2018

Social media: Twitter

Social Media: Facebook

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