Date: 25 November 2019
Town Hall, Penrith, Cumbria CA11 7QF Tel: 01768 817817 Email: [email protected]
Dear Sir/Madam
Executive Agenda - 3 December 2019
Notice is hereby given that a meeting of the Executive will be held at 6.00 pm on Tuesday, 3 December 2019 at the Town Hall, Penrith.
1 Apologies for Absence
2 Minutes
RECOMMENDATION that the public minutes E/49/11/19 to E/62/11/19 of the meeting of the Executive held on 5 November 2019 be confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).
3 Declarations of Interest
To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.
4 Questions and Representations from the Public
To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution
5 Questions from Members
To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution
6 Motion on Notice - Memorial Plaques - Services Portfolio (Pages 5 - 12)
To consider report PP38/19 from the Assistant Director of Commissioning and Technical Services which enable consideration to be given to a Motion on Notice received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The Notice was put to Council on 7 November 2019 and referred to the Executive in accordance with the Constitution.
Rose Rouse Chief Executive www.eden.gov.uk
RECOMMENDATION that the Notice on Motion referred to at paragraphs 3.1 and 3.2 of this report is not accepted.
7 LGA Communications Peer Review - Leader Portfolio (Pages 13 - 32)
To consider report CE18/19 from the Chief Executive which presents the final report from the Local Government Association (LGA) Communications Peer Review to the Executive for endorsement.
RECOMMENDATION that the Executive support the findings of the LGA Communications Peer Review.
8 Lazonby Neighbourhood Plan - Communities Portfolio (Pages 33 - 140)
To consider report PP37/19 from the Assistant Director of Planning and Economic Development which sets out the next steps which are recommended to be taken with the Lazonby Neighbourhood Development Plan following the referendum.
RECOMMENDATIONS that:
1. the Lazonby Neighbourhood Plan (as set out in Appendix A) is made with immediate effect, under section 38A(4) of the Planning and Compulsory Purchase Act 2004; and
2. it be noted that when made, the Lazonby Neighbourhood Plan shall form part of the statutory Development Plan for the Lazonby Parish Neighbourhood Area.
9 Section 106 Payments and Monitoring - Housing and Health Portfolio (Pages 141 - 146)
To consider report PP29/19 from the Assistant Director Planning and Economic Development which sets out a process for the collection, monitoring, reporting, and spending of Section 106 finances along with a request to amend Section 106 Agreements.
RECOMMENDATIONS that the Executive approves: 1. the inclusion within the terms of all future Section 106 legal agreements a provision to reflect that the Council will impose a fair and reasonable fee on the collection, monitoring and reporting of Section 106 payments.
2. the process for the collection, monitoring, reporting and assignment of S106 agreement finances as outlined within the report.
10 Request to joint fund a Cumbria Strategic Waste Partnership Development Officer - Services Portfolio (Pages 147 - 150)
To consider report PP35/19 from the Assistant Director Commissioning and Technical Services which seeks approval to appoint a Partnership Development
www.eden.gov.uk 2
Officer for a 3 year period.
RECOMMENDATIONS that: 1. the Services Portfolio Holder be authorised to sign the Memorandum of Understanding.
11 Request for Delegated Powers to Determine Applications for Leisure Grant Fund - Communities Portfolio (Pages 151 - 154)
To consider report PP36/19 from the Assistant Director Commissioning and Technical Services which requests that the Assistant Director Commissioning and Technical Services be provided with delegated powers in order to determine Leisure Grants to be paid from the Leisure Grant Fund (`the Fund’).
RECOMMENDATION that the Assistant Director Commissioning and Technical Services be provided with authorisation to determine Leisure Grants and make necessary amendments to the Terms and Conditions.
12 Any Other Items which the Chairman decides are urgent
13 Date of Next Scheduled Meeting
The date of the next scheduled meeting be confirmed as 21 January 2020.
Yours faithfully
R Rouse Chief Executive
Democratic Services Contact: Claire Watters
Encs
For Attention All members of the Council
Chairman – Councillor V Taylor (Liberal Democrat Group) Vice Chairman – Councillor M Robinson (Independent Group)
Councillors J Derbyshire, Liberal Democrat Group L Sharp, Labour Group K Greenwood, Independent Group M Tonkin, Independent Group M Rudhall, Liberal Democrat Group
Please Note:
www.eden.gov.uk 3
1. Access to the internet in the Council Chamber and Committee room is available via the guest wi-fi – no password is required 2. Under the Openness of Local Government Bodies Regulations 2014 this meeting has been advertised as a public meeting (unless stated otherwise) and as such could be filmed or recorded by the media or members of the public
www.eden.gov.uk 4 Agenda Item 6
Report No: PP38/19 Eden District Council Executive 3 December 2019 Motion on Notice – Memorial Plaques Portfolio: Services Portfolio Report from: Assistant Director of Commissioning and Technical Services Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To enable consideration to be given to a Motion on Notice received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The Notice was put to Council on 7 November 2019 and referred to the Executive in accordance with the Constitution. 2 Recommendation It is recommended that the Notice on Motion referred to at paragraphs 3.1 and 3.2 of this report is not accepted. 3 Report Details 3.1 On 7 November 2019 a Motion on Notice was received under Rule 13 of the Council Procedure Rules of the Constitution which was proposed by Councillor Lynch and seconded by Councillor Eyles. The matter was automatically referred to the Executive, in accordance with the Constitution. The Motion is set out in paragraph 3.2 below. 3.2 Motion on Notice `That Eden District Council enters into a consultation exercise with its residents with a view to amending the rules on the size of memorial plaques allowed in Eden District’s cemeteries, that Members be encouraged to publicise this consultation amongst their constituents, and upon completion of this consultation, a report be brought before Council to enable a decision to be made by Members on changing the rules’. 3.3 The Council has adopted guidelines on the size of plots for burials, cremated remains and the size of memorial plaques (see Appendix A). The guidelines are standard practice in this area and allow the Council a measure of control over cemeteries across the District. 3.4 Notwithstanding the guidelines which have been adopted, the Council will always consider any request to depart from those guidelines in any particular case. Any such decision will be made in accordance with standard principles of administrative decision making and discretion in this area will be exercised in a way that is both reasonable and proportionate.
Page 5 3.5 In the vast majority of cases, the guidelines are applied without a problem. When there is a request to depart from them in any particular instance, this is considered as set out in paragraph 3.4. 3.6 Any decision taken in accordance with paragraph 3.4 is subject to the usual checks, through the internal complaints procedure, with further recourse to the Local Government Ombudsman and challenge by way of Judicial Review if it is considered appropriate. 3.7 The Motion on Notice arose out of one specific complaint regarding the size of the cremated remains memorials at Penrith cemetery. This complaint was dealt with in the usual way. 3.8 On the basis of the above, the Assistant Director of Commissioning and Technical Services is satisfied that there current guidelines are fit for purpose and that there is no benefit to be achieved from conducting a consultation/review as set out in the Motion of Notice. 3.9 The Assistant Director of Governance is satisfied that decisions taken under the guidelines follow the appropriate process and that there are sufficient safeguards to consider requests for exceptions, as and when they are made. 3.10 On the basis of the above, the recommendation is that the Motion on Notice not be accepted. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe and secure; Connected; and Creative 4.2 This report meets Sustainable corporate priority. 5 Consultation 5.1 Not Applicable. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019 and its future budget proposals approved annually. 6.1.2 In the event that the Notice of Motion was to be approved, there would be a small impact on resources to conduct the consultation/review exercise that is set out therein. 6.2 Legal 6.2.1 The Council Guidelines set the framework for decision making, although if any request is made to depart from them in any particular circumstances, it is always considered.
Page 6 6.2.2 Any decisions taken in relation to these matters will follow the usual principles of administrative law. The standard checks and balances in terms recourse to the Council’s internal complaints mechanism, the ability to lodge a complaint with the Local Government Ombudsman and the potential for an aggrieved party to bring judicial review proceedings still apply. 6.3 Human Resources 6.3.1 In the event that the Notice of Motion was to be approved, there would be a small impact on human resources to conduct the consultation/review exercise that is set out therein. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity None Health, Social None Environmental and Economic Impact Crime and Disorder None Children and None Safeguarding 6.5 Risk Management Risk Consequence Controls Required There is a need for Failure to have The recommendation in guidelines that are fit appropriate guidelines the report indicates that for purpose with the leaves decision making the current guidelines ability to consider open to challenge. are fit for purpose and exceptions to them. that the exceptional case will always be considered. 7 Other Options Considered 7.1 As set out in the report. 8 Reasons for the Decision/Recommendation 8.1 The current guidelines are fit for purpose, and the Assistant Director Commissioning and Technical Services is satisfied that there is no benefit to be gained from conducting a review/consultation in relation to them at this time.
Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 25 November 2019 Monitoring Officer (or Deputy) 21 November 2019
Page 7 Governance Check Date Considered Relevant Director 25 November 2019 Background Papers: Appendices: Appendix A – Guidelines - Cemetery Regulations Contact Officer: Neil Buck, Contracts Manager Tel: 01768 212337
Page 8 Appendix A Cemetery Regulations Cemetery Regulations have been introduced to maintain an acceptable standard for the cemeteries in Eden. Terms used in regulations "The Council" means the Eden District Council. "The Cemetery" means any Cemetery managed by the Council and shall include any chapels or buildings therein, which are not privately owned. "The Bereavement Services Office" covers all the cemeteries maintained by the Council. “Memorial” Can refer to a headstone, monument, cross, flat stone, kerbing or any other object placed over the grave.
General regulations Pedestrian access is permitted from 8am until dusk. Vehicle access, except for attendance at an interment, is restricted to disabled or infirm visitors and those authorised by The Council. No vehicles will be allowed in the Cemetery after dusk unless authorised by the Council. Vehicle speed is restricted to 5mph. Bicycles, skate boards or similar may not be ridden in the Cemetery. Children under 12 years must be accompanied by a responsible adult. Dogs must be kept on a lead and should not be allowed to foul the Cemetery grounds.
Bereavement Services Office Address: Bereavement Services Office, Eden District Council, Mansion House, Penrith, Cumbria, CA11 7YG Telephone: 01768 212251 Email: [email protected]
Interment bookings can only be made via direct contact with the Duty Officer through the designated cemetery number or email address shown above.
Certificate for Disposal The Registrars Certificate for Disposal, the Coroners Order for Burial or the *Certificate of Cremation must be given to the Duty Cemetery Officer by 9am, 48 hours before an interment can take place. * We would prefer that the Cremation Certificate in provided to us 48hours before the interment takes place, however if you are unable to produce it beforehand, we will accept it at the graveside, before the start of the burial. Purchased graves This is a grave for which the Exclusive Right of Burial has been purchased. This gives the purchaser/s the right to be buried in the grave, authorise the use of the grave for other interments and to apply for a memorial to be erected.
Page 9 If a purchased grave is intended to be used, the deceased is not the grave owner, the original grave purchaser/s will need to give authorisation for the grave to be used and provide the original grave deed. If the grave deed cannot be produced a Statutory Declaration will need to be completed. If a purchased grave is intended to be used, the deceased is not the grave owner and the original grave purchaser/s are deceased, a Statutory Declaration will need to be completed. Exclusive Rights of Burial are currently granted for 50 years from the date of purchase. Exclusive Rights of Burial granted prior to April 2000 are for 100 years from the date of purchase. The owner of the Exclusive Right of Burial may transfer the right to another person by submitting a Transfer Application Form, obtainable from Bereavement Services Office, and by payment of a transfer fee. Grave Spaces
Standard grave space 2.7m (9') x 1.2m (4'). Half grave spaces available for a child or cremated remains interment. Full grave spaces are available for up to: o Penrith Cemetery - 3 burials, followed by up to 8 interments of cremated remains. o Appleby Cemetery - 2 burials, followed by up to 8 interments of cremated remains. o Alston, Garrigill and Nenthead Cemeteries - 1 burial, followed by up to 8 interments of cremated remains.
Half Graves Half grave spaces may be used for up to 4 interments of Cremated Remains. Depth of Grave Graves have to be dug to a sufficient depth to allow for future burials to take place. Therefore the grave needs to be deep enough to allow not only for the depth and shape of coffins/caskets that will be buried but also to accommodate the legal requirements of undisturbed earth to be between each coffin and the amount of earth that must cover the last interment. Public Graves These are graves where no Exclusive Rights to the grave have been purchased; therefore a memorial cannot be erected. Soil Boxes The council reserves the right to place soil boxes, on graves next to those which are being opened, without any notice. The soil box will be removed immediately after the interment and the grave will be left as it was previously.
Page 10 Coffins Coffins made from wood, wicker/cane, cardboard and biodegradable caskets, shrouds, and urns will be accepted for burial. Non-standard coffins incur an additional fee and needs to be authorised by the Cemetery Duty Officer. Funerals All necessary original documents must be received by the Bereavement Services Duty Officer by 9am, 48 hours prior to the funeral. Documents cannot be received on weekends or public holidays. Without the original documents, the interment will not be allowed to proceed. The conduct of all funerals within the Cemetery is subject to the control of the Council's designated officer. Music may only be played in the Cemetery grounds with prior permission. Immediately after the interment the grave will be backfilled to the level of adjoining ground and any floral tributes will be placed on the grave. Flowers and Wreaths Floral tributes presented at the grave at the time of burial will be removed by Cemetery staff for disposal after two weekends have elapsed since the burial. If requested by the grave owner, any floral tributes may be removed earlier or left on for up to a maximum of four weekends after the burial. The grave owner must contact the Bereavement Services Office directly to arrange for this and the request must be made within 5 days following the burial. Cemetery staff may decide to remove floral tributes earlier if they become unsightly. Christmas wreaths will be removed by Cemetery staff starting the second week of February. All other floral tributes should be maintained by those visiting graves. All material waste suitable should be placed in the wheeled bins provided. Memorials Fixed memorials may only be placed on a grave space for which the Exclusive Right of Burial has been purchased. Memorials are not permitted in the Woodland Burial Area at Penrith Cemetery or on any graves or cremated remains plots for which the Exclusive Rights of Burial have not been purchased. Wooden crosses are permitted as temporary grave markers in lawn Cemetery areas, prior to the installation of a permanent memorial but must then be removed from the Cemetery. Only one headstone/memorial per grave space is allowed. New footstones, kerbstones or other forms of surround are not allowed. An application for all proposed memorials and inscriptions must be submitted to Eden District Council for approval and all appropriate fees paid prior to any works being undertaken on site. All permanent memorials are to be constructed and installed by a competent stonemason registered with the Council, in accordance with the current National Association of Memorial Mason's Code of Practice (copy available on request), and to the satisfaction of the Supervising Officer.
Page 11 No work is to take place in the Cemetery before 8.30am and after 5.00pm or sunset (whichever is sooner). No work will take place on Saturdays, Sundays or any bank or public holidays, except by agreement with the Council. Monumental masons will be required to suspend work for the duration of a funeral. Any damage done in connection with the erection of a memorial must be made good by the person erecting the memorial and the site left in a tidy condition. No memorial may exceed 1.2m (4') in height and 0.75m (2'6'') in width on single grave spaces or 1.8m (6') width on double grave spaces. Memorials in cremated remains rows and children's burial areas may not exceed 0.685m (2'3'') in height. All memorials must be installed with stainless steel ground anchors which comply with the NAMM Code of Practice, except by agreement with the Council. All new memorials must have the corresponding grave space number placed conspicuously on the left hand side of the stones base or the reverse of the memorial. Memorials installed in the existing Cemetery areas are to be installed on a 36"x18" (0.92 x 0.45m) concrete flag, except by agreement with the Council. Memorials installed in the Lawn Area of the extension land at Penrith Cemetery are to be installed on a 36"x18" (0.90 x 0.45m) concrete flag, set below ground level, except by agreement with the Council. Fixed memorial/s may be temporarily removed, without prior notice, to allow a nearby grave to be safely dug in preparation for use. The responsibility for the safety and upkeep, including repairs to any gravestone or memorial remains solely with the owner(s) of the grave. The Council will check memorials and any found to be unstable will be temporarily supported or laid flat. The Council reserves the right to repair or remove unsafe memorials at its discretion, if the owner or successor cannot be found or refuses to arrange repairs. Shrubs, plants, bulbs and trees may not be planted without permission of the Council and then only in the immediate surrounds of the memorial space at the head of the grave (36''x18''). The Council reserves the right to prune or remove, without notice, any tree or plant that becomes a hazard, a nuisance, or an obstruction. The Council reserves the right to remove any items not contained within the footprint of the headstone base (36''x18'') which may be deemed as dangerous, a nuisance or inappropriate.
Rights The Council reserve the right to amend any of the foregoing regulations and to deal with any circumstances or contingency not provided for in the regulations as necessary. Eden District Council as the burial authority have in pursuance of their General Powers of Management contained in Article 3 (1) of the Local Authorities' Cemeteries Order 1977, made the Cemetery Rules and Regulations. These rules and regulations are to be observed in the cemeteries under the management and control of the Council.
Page 12 Agenda Item 7
Report No: CE18/19 Eden District Council Executive 3 December 2019 LGA Communications Peer Review Portfolio: Leader Report from: Chief Executive Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To present the final report from the Local Government Association (LGA) Communications Peer Review to the Executive for endorsement. 2 Recommendation It is recommended that the Executive support the findings of the LGA Communications Peer Review. 3 Report Details 3.1 The Council invited the LGA to undertake a Peer Review of the communications activity of the Council. The site visit took place on the 18, 19 and 20 September 2019. The final report of the review is attached at Appendix A. Arising from the review report, an improvement plan has been developed by the Communications and Engagement Working Group who will lead the delivery of the recommendations made by the review team. Further reports will be submitted to the Executive to report on the progress with delivering the recommendations. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe, and secure; Connected; and Creative 4.2 This report meets Sustainable corporate priority linking particularly to the One Eden Programme. 5 Consultation 5.1 All members were invited to be involved in one of the meetings with the Peer Team as part of the work onsite in September, as were staff from all service areas.
Page 13 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019. 6.1.2 There are no proposals in this report that would reduce or increase resources, but the improvement plan should lead to an improved use of the resources available to the Council to support the delivery of effective communications and engagement activity. 6.2 Legal 6.2.1 There are no issues arising from this report. 6.3 Human Resources 6.3.1 There are no issues arising from this report. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There are no issues arising from this report. Health, Social There are no issues arising from this report. Environmental and Economic Impact Crime and Disorder There are no issues arising from this report. Children and There are no issues arising from this report. Safeguarding 6.5 Risk Management Risk Consequence Controls Required Damage to the Damage to the To implement the reputation of the reputation of the improvement plan as Council through an Council arising from the peer ineffective review of communications communications response 7 Other Options Considered 7.1 The report is the work of the LGA Peer Team and so no other options are to be considered.
Page 14 8 Reasons for the Decision/Recommendation 8.1 The Council is being presented with the findings of an LGA peer review of communications, which was delivered successfully in September 2019.
Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 19 November 2019 Monitoring Officer (or Deputy) 21 November 2019 Relevant Director 20 November 2019 Background Papers: Appendices: Appendix A – Peer Review Final Report Contact Officer: Rose Rouse, Chief Executive
Page 15 Page 16 Appendix A
Communications Peer Review
Eden District Council
18 -20 September 2019
Feedback Report
1
Local Government House, Smith Square, London SW1P 3HZ T 020 7664 3000 F 020 7664 3030 E [email protected] www.local.gov.uk Chief Executive: Mark Lloyd
Page 17
1. Purpose of report
This report provides a summary of the findings of the Eden District Council communications peer review. It builds on the main messages which were discussed with leading members and officers from the council at our feedback session on 20 September 2019. It is intended to provide a basis for consideration and action by the council to enhance the effectiveness of its communications activity and ensure the best use of resources deployed to support those.
2. Context and focus of the review
Eden DC is an ambitious authority with a desire to promote the local area as a place to visit and invest, as well as its own role in delivering good services. Communications in the council is currently disparate, with limited capacity for corporate activity whilst separate resource is dedicated to economic development and tourism. There is a lack of strategic planning underpinning communications more broadly.
It was felt this is an opportune time to commission a communications peer review, to look at the way the whole council communicates with all its different audiences, highlight what is working well and also what could be done differently to meet future ambitions. In particular there was a desire to focus on whether existing resources are being used as effectively as they could be.
In light of the above, the council approached the Local Government Association to commission a three day communications review focused on a number of specific priorities. These were:
Strategies and plans. To what extent are existing strategies and plans for delivering communications – where they exist – effective, and what gaps exist? Capacity and capability. How effective is current communications activity – across different departments – and are resources being deployed effectively? Branding. How effective are the various brands the council currently uses – corporate, tourism and economic development? Place leadership. How well is the council promoting Eden as a place to live, visit and invest?
3. The review team and process
Communications reviews are delivered by experienced elected member and officer peers. The make-up of the team reflected your requirements and the focus of the review. Peers were selected on the basis of their relevant experience and expertise, and were agreed with you. The peers who delivered the review were:
Lead Peer: Fran Collingham (LGA Associate, former Assistant Director for Communications, Coventry City Council)
Member Peer: Cllr Iain Roberts (Stockport Metropolitan Borough Council)
Page 18 Officer Peer: Mike James (Communications and Marketing Manager, Selby District Council)
Officer Peer: Claire Foale (Head of Communications, City of York Council)
Review Manager: Matt Nicholls (Head of Communications Support and Improvement, LGA)
Shadow Peer: Carly Davis (Communications Manager, London Borough of Waltham Forest)
It is important to stress that this was not an inspection. Peer reviews are improvement- focussed and tailored to meet individual councils’ needs. They are designed to complement and add value to a council’s own performance and improvement focus. The peer team used their experience and knowledge of local government communications to reflect on the information presented to them by people they met, things they saw and material they read.
The peer team prepared by reviewing a range of documents and information, including the detailed position statement.
The team then spent three days onsite in Eden, during which they:
spoke to more than 60 people, including a range of council staff together with councillors and external stakeholders gathered information and views from around 30 interviews, focus groups and meetings collectively spent more than 140 hours to determine our findings – the equivalent of one person spending around four weeks in Eden.
4. Context – the importance of strategic communications
Communications plays a key role in ensuring councils can continue to lead their communities in challenging and uncertain times.
Good communications supports the delivery of everyday services that people need and value and can play an increasingly crucial role in transforming and saving lives. A healthy local democracy is built upon councillors campaigning for and representing their communities; they need to be kept informed in order to fulfil that role. To be strong and ambitious leaders of places, councils need to ensure residents, staff, businesses and partners are communicated with effectively.
Effective communications relies on a mix of communications channels, including media relations (producing media releases and statements for distribution to local, regional, national and specialist media and responding to queries from the media), direct communications to residents (leaflets, publications, social media) and internal and partner communications (working with employees, Members and stakeholders to ensure everyone gets consistent, timely information about the council to help them do their jobs effectively and advocate on behalf of the council). Successful communications campaigns
Page 19 use a mix of all these communications channels, delivered to identified target audiences and robustly evaluated.
Building trust and confidence, and through that, strengthening relationships with citizens, stakeholders and staff, should be the starting point for any successful organisation. To succeed it requires recognition of the importance of strong strategic communications to act as a both a trusted advisor, navigator and leader.
Local councils that do not adequately recognise the importance of strategic communications in terms of resources, skills and its place in the structure, are likely to be the ones that struggle the most to connect with their residents, staff and stakeholders.
The LGA has carried out more than 50 communications peer reviews and health checks between 2016 and 2018 – making more than 500 separate recommendations to councils as a result. This experience, the views of chief executives and industry best practice has been used to develop a wide-ranging communications resource launched by the LGA last year - #FutureComms (https://www.local.gov.uk/future-comms)
This resource outlines the essential key components of good public sector communications and makes the case for all councils embedding strategic communications in their organisations.
In summary, it says good communications should:
Articulate the ambition for your area Improve corporate and personal reputation Support good political leadership Help engagement – residents, partners and staff Build trust Rally advocates Drive change and deliver savings Attract investment (and good people) Be used to manage performance Strengthen public support and understanding
It is delivered through:
Leadership – clarity of purpose and commitment A distinctive brand – what you stand for, values and trust A clear vision Being authentic to your local area Adopting a strategic approach to communications - communication without strategy does not work Developing a corporately agreed, fully evaluated annual communications plan - not just sending out ad hoc stuff Making sure all communications activity is based on research and insight and that campaigns are linked to corporate priorities and resourced accordingly Investing in evaluation Ensuring communications is owned by everyone
Page 20 5. Executive summary
Eden District Council (EDC) recognises the importance of strategic communications to help meet its current challenges and future ambitions. There is a shared ambition to improve and do things differently.
There is currently no strategic focus to the council’s communications, and there has not been for some time. Activity is disparate and overly focused on outputs such as press releases. A disconnect has developed between the council and the wider community, which means a completely different focus is now required to reset relationships with staff, residents, businesses and partners.
The success of both the One Eden programme and the Council Plan will depend on a different approach to communications and engagement. This is understood and has been embraced across the organisation.
In its first few months, the new administration has come together to develop a new Council Plan which is now out to consultation in the wider community. Amongst staff, a working group has been formed to start driving improvements to communications and has the appetite to play a more active role.
The organisation has operated in silos for many years, with a lack of an overarching narrative and set of messages about what it is trying to achieve. This has had an impact on the culture at EDC, although the new senior leadership team is taking positive steps to work more closely together in order to tackle this.
When finalised, the Council Plan can help clearly define the future direction of the authority and provide the framework for better, more strategic communications. The Plan can form the basis of a communications strategy and a compelling narrative for the organisation and the place.
In the short term, there is an urgent need for clear communications strategies – both internal and external – around the Plan and One Eden. Some additional capacity will be required to provide that expertise, but getting the communications right around these projects is crucial to the organisation.
Going forward, communications within the council needs to be placed on a more strategic footing. This means recalibrating existing resources so that the leadership has access to the advice it needs, communications puts campaigning at the heart of delivery and is focused on how it can improve the lives, prosperity and health of local people.
There is a definite appetite within the council to try more modern forms of communication, and an appreciation of how this can result in better outcomes through changing people’s behaviour and reducing demand. The council possesses skilled and talented staff, but there is a need for strategic direction to make the most of these.
We spoke to a wide variety of people during this review. Everyone – whether they are staff, businesses, partners, parish councils or the local media – is keen to hear more from EDC and establish a different, more positive relationship. The opportunities are very much there, and it will now be crucial in the months ahead to harness them.
Page 21
6. Key recommendations
We have grouped our findings into ‘quick wins’, essentially those matters that can and should be dealt with as soon as possible, which, if addressed will create the environment for the medium term recommendations to also be achieved.
Quick wins
• Address immediate strategic communications priorities through interim support • Develop comprehensive communications plans (internal and external) for One Eden and the draft Council Plan • Hold more regular meetings/dialogue with local media • Introduce forward planning grids to map all internal and external activity • Improve communications with parish councils • Introduce more regular officer briefings for members on key policy areas – and a member e-bulletin • Introduce system for logging and monitoring media enquiries • Refresh your approach to internal communications and introduce an e-bulletin service • Commission resident survey • Introduce media relations and social media training for members • Accelerate plans to introduce e-bulletin service to support external campaigns • Continue to develop the Comms Working Group • Improve lines of communication between Customer Services and rest of the council • Attend meetings of Cumbria communications group • Join LGcommunications and make greater use of professional networks
Medium term recommendations
• Recruit a new strategic communications and engagement role to coordinate and advise on all internal and external activity • Better understand communications spend across the council • Consider centralising the council’s communications capacity • Use the Council Plan to create a compelling narrative for the organisation • Develop new corporate communications strategy based on Council Plan priorities – including an annual campaign plan • Develop greater clarity around member/officer roles and responsibilities – guidelines and protocols • Place greater focus on resident engagement – asking, listening and responding – and redefine your relationship with them • Introduce more systematic approach to monitoring, evaluating and reporting communications activity • Develop staff recognition scheme • Introduce more frequent communications with local businesses • Work with your business community and LEP to gain a better understanding of the value and purpose of the Invest brand • Introduce clearer protocols to stop the proliferation of logos – don’t be afraid of your brand!
Page 22 7. Detailed feedback
7.1 Strategies and plans
EDC’s communications is currently hampered by a lack of strategy, priorities and campaigns planning.
To the council’s credit, this was recognised in advance of this review and the Communications Working Group has undertaken an audit of existing plans and strategies – which found there are too many and they are out of date.
The need for a corporate communications strategy is obvious, but it will be important this is clearly focused on the organisation’s priorities. Therefore the immediate focus for EDC needs to be on the draft Council Plan, which is currently out to consultation.
This plan was developed by the new administration’s political leadership and – subject to any changes as a result of the consultation – sets out a clear set of priorities for the council to follow up to March 2023. It is to the credit of the politically diverse leadership that they have worked together to reach this shared vision.
The plan provides the basis to develop a new communications strategy and a corporate narrative for EDC. A clear and compelling story is important so that employees, partners, residents and stakeholders understand the role of the council in delivering vital frontline services, providing a sustainable future for the area and improving people’s lives in Eden. The LGA has developed a corporate narrative toolkit to support councils with developing an engaging, authentic and consistent story. The resource can be accessed here.
Once agreed, the Council Plan and narrative can be used to develop a communications strategy and forward plan for campaigns, identifying key initiatives for the year. The annual campaign plan should be agreed and signed off by the council’s political and officer leadership, providing the strategic framework that will help ensure EDC’s limited communications resource is dedicated to the issues that matter most.
Currently, the council’s external communications activity – mainly press releases to the local media – is determined by the whim of individual departments, rather than an understanding of the importance of communicating council priorities.
Whilst the Council Plan will help determine future communications priorities, there are some immediate steps that could be taken to ensure a more coordinated approach. EDC should immediately introduce a forward planning grid to ensure that all internal and external communications activity is captured. This does not have to be a complicated or flashy document – but everyone needs to ensure they are populating it. At the moment there is a real risk that the council could be communicating on a variety of different issues on a given day, with no oversight or planning.
The council’s communications has become very reactive, with little or no campaign planning taking place. This is compounded by the lack of any insight into what staff, residents or partners think about EDC.
We would strongly recommend the council commissions a resident survey to gain a better understanding of what local people think about the council, the services it provides and –
Page 23 crucially for communications purposes – how they access information about the council, and how they prefer to. Without that insight into how residents consume their news, decisions about how best to communicate with them are largely made by guesswork – which can lead to the wrong tactics and poorer outcomes. The LGA has produced guidance for councils to help ensure resident surveys are tailored so they can be benchmarked against other local authorities. Our understanding the views of residents resource also offers support on commissioning surveys, and suggested questions to understand how residents prefer to be communicated with.
The lack of any resident insight and campaign planning means that the council does not segment its audiences, and adopts a SoS - Sending out Stuff’ - approach to communications. There is no analysis, evaluation or reporting of communications activity, which makes it difficult to determine how effective this is. People we spoke to were of the view that the output (e.g. a press release) was often seen as more important than the outcome (e.g. changing residents’ behaviour).
EDC is keen to adopt a more effective approach to its monitoring and reporting. In the short term, a simple dashboard of communications activity that is shared internally would be beneficial. In the medium term, there is a need to introduce a more systematic approach to evaluation that concentrates on the impact the council’s communications has had on people’s lives rather than the number of mentions in the media.
A consequence of the traditional approach to communications has been that there has been an insufficient appreciation of the importance of resident engagement. The fallout from the Penrith Masterplan was mentioned by most people we met as an example of where this had been a significant oversight. Going forward, a greater focus on asking, listening and responding will be an important part of the council redefining its relationship with the community, and reconnecting. The LGA’s guide to effective community engagement can be viewed here.
As detailed earlier in the report, we believe there is a pressing need to bring in some short- term, additional communications capacity to see EDC through its two most immediate priorities – the Council Plan consultation and One Eden.
Effective staff engagement and internal communications is crucial for the success of any transformation programme. During the time we were onsite, staff at all levels expressed some confusion about One Eden and there was a sense that a vacuum was being filled by the rumour mill. However, it was also clear that a programme of all staff briefing events was planned and that the programme was in its early stages. Some staff said they were looking forward to the October staff briefings and the opportunity, in some cases, of hearing detail about One Eden for the first time.
Going forward, it will be important for the council to ensure that face to face briefings on One Eden are backed up by written communications issued quickly after briefings have taken place – preferably from the Chief Executive – which set out a clear timetable for the programme and its implications for the wider workforce.
The council has proud and committed staff who are delivering good services to local residents, businesses and partners. They want to tell a great story about their council and their place. With effective internal communications, staff can be ambassadors for EDC.
Page 24 Although a series of workshops and briefings have been held with staff over the last year – including opportunities to meet the Chief Executive and sessions on corporate values – there remains a strong sense amongst staff we met that senior staff could be more visible. Some people spoke of what has traditionally been viewed as a ‘them and us’ feeling. The new management team is starting to drive a change of culture across the council and address these concerns, which can be done in a relatively small organisation.
There are some practical improvements which could be made to internal communications – such as replacing the bulletin board, which is not seen by staff as being useful or effective. Although notes of the Leader’s weekly meetings with the Deputy Leader, Chief Executive and directors are published on the bulletin board, it does not appear these are widely read. The formal nature of such a form of communication is likely to be a hindrance to people reading it.
We would recommend that in addition to the impressive amount of face to face activity being undertaken, the council develops a more engaging written approach to its internal communications. For example, a weekly e-bulletin – either from the Chief Executive or the overall senior management team issued directly to all staff – which summarises key information for staff, is likely to be more effective than posting large amounts of content on the bulletin board.
As One Eden starts to take shape, there is also an opportunity to embed some deeper cultural changes which will have an even greater impact – for example the development of organisational values and a more consistent approach to one-to-ones and team meetings. The development of a staff recognition scheme was also highlighted to us as something that would be welcomed.
One Eden also offers potential opportunities to improve resident engagement. Introducing different, digital first ways of interacting with the council and the introduction of the My Account system will grow the channels of communication at the council’s disposal. EDC will have access to more resident email addresses as a result of the changes, which will allow it to communicate directly with people and businesses through e-bulletins. Budgets have already been agreed to introduce the GovDelivery system for this, and we would encourage the council to accelerate these moves. Email offers the opportunity to communicate with different audiences in a timely, targeted and cost effective way and reduce the council’s reliance on traditional channels such as press releases.
Changing the way people do their business with the council will also pose some challenges, which underlines the need for a comprehensive communications plan for One Eden. It will be important that when new systems are introduced that people understand how it affects them for the opportunities – and savings – to be maximised.
7.2 Capacity and capability
EDC has been without a dedicated communications officer since the previous post holder left the council earlier in 2019. The previous incumbent mainly had responsibility for media relations, plus some additional support around design and photography.
Page 25 On paper, the size of EDC’s communications resource is relatively small. The LGA’s annual heads of communication survey shows that the average size of a shire district team is 5.5FTE.
However, since the departure of the communications officer it has become apparent that the council does have pockets of talented people with communications expertise spread across the organisation. As the main focus of the council’s external activity focussed on media relations, this resulted in a widespread assumption that the council’s communications function comprised of one person. Instead there is marketing expertise within the tourism and economic development teams, as well web coordinators with a broad range of communications skills and experience.
The council’s disparate communications resource has been brought together in recent months through the working group. In addition to carrying out an audit of existing plans and preparing for this review, it has demonstrated what can be achieved through a more coordinated approach to communications. The review team was impressed by the progress that has been made and the enthusiasm of the group.
In the short term, the need for EDC to develop communications strategies for the Council Plan and One Eden means there is a need for the recruitment of some additional strategic communications capacity. This interim support does not need to be full-time, in our view, to help see the council through its immediate challenges.
Going forward, we would advocate re-calibrating the vacant communications officer role into a more senior, strategic position which can coordinate and advise on all of EDC’s communications and engagement activity.
More experienced, senior strategic communications expertise will help develop and embed a strategic, pro-active approach to communications across the council. It will be important for the post holder to have experience of modern campaign planning, which is a significant skill shortage in the council at present.
It will be important to ensure that the holder of a more senior communications position has the time and space to be the strategic adviser which the council needs and has an appetite for. This role should be instrumental in helping to tackle the recommendations in this report and work with people across the council engaged in communications-related activity to develop the right model for the future.
The council could be making better use of its existing communications resources, and this is recognised. If talent exists within the wider EDC workforce, it would make sense for the organisation to ensure it is tapping into that as effectively as possible. This does not mean that people working on, for example, the Visit or Invest in Eden brands should stop doing so – but that their skills could make more of an overall contribution to the council’s priorities.
We believe the progress made by the working group means there is a case for considering the centralisation of the council’s communications resource – or a matrix management system to ensure better coordination of activity.
Regardless of which model the council adopts going forward, there is a need to gain a better understanding of expenditure on communications across EDC. There is a small central budget for communications, but most spending occurs within individual departments and
Page 26 therefore the overall figure is not known. An audit of this spending, and then the introduction of agreed budgets to support the priorities set out in annual campaign plan could lead to both better value for money and outcomes.
Since the previous communications officer left EDC, the authority has commissioned interim support for media relations from an external consultant. This has helped ensure that the council retains access to specialist advice when it is needed – particularly around drafting press releases. However, we have some concerns about the current system for dealing with reactive enquiries from the media.
Journalists contacting EDC currently first go through the customer contact centre, and are then directed to the relevant service area for their call. Depending on the nature of the enquiry, the external consultant is often involved in its handling. However, there are no processes in place to ensure a consistent approach, and enquiries are not monitored or recorded. This means the council currently has no accurate information about what media have contacted it for comment, who has responded and what has been said.
Although the current approach to media relations might have worked well in the circumstances to date, we would have serious concerns about what would happen either in a crisis situation or if the council was to receive national media enquiries around a subject which could be of reputational damage. People we spoke to also said there had been some inconsistency in EDC’s media messaging, which is likely to be a consequence of so many different people – officers and members – responding to journalists.
As a first step, we believe the council should introduce a simple system for ensuring all media enquiries are logged on a central spreadsheet. This should include details of who is handling the issue and any lines which have been given. The customer services department should also be given guidance to ensure that any national media enquiries are brought to the attention of a senior manager and the consultant.
Although the council has placed a heavy emphasis on media relations - and press releases are still widely used – opportunities are being missed to engage with the media. Although readership of the local and regional media is in decline, unlike many parts of the country it is still relatively well resourced an influential. The Cumberland & Westmorland Herald, for example, still regularly sends its reporters to EDC meetings.
Although there is some distrust of the local media, they would welcome a closer and more proactive relationship with the council. Currently, the onus is on services to determine which issues are communicated via press release – and it is not always clear whether the subject of these are priorities for EDC. This means potential good news stories are not being heard. We believe a more structured and engaged approach to the local media – for example through regular meetings between the Herald editor and the leader/chief executive – would provide better opportunities to be on the front foot more often.
Elected members feel confident when speaking to the local media, but would welcome more support. There also appears to be some confusion about the process for who should be featured in press releases. We were told of instances where officers had been quoted in statements, which in our view should only happen in certain circumstances. Clarifying the roles of officers and members in dealing with the media will be important, alongside measures to better coordinate enquiries detailed above.
Page 27 There is a need to strengthen and formalise relations between officers and councillors more broadly. Members of the administration generally know who to contact within the council for information, although this is not always the case. Better officer briefings are needed, either on a group-by-group basis or for the whole coalition. It is important that officers better engage members in policy development more and earlier. We would recommend that executive members are briefed either weekly or fortnightly, instead of monthly.
Councillors can be powerful ambassadors for the authority within their communities. They are frontline communicators, and in that respect EDC could take some practical steps to better support them. We would suggest the introduction of a member e-bulletin, including a round-up of key policies and communications activity in addition to standard information such as upcoming meetings. In addition, it would be beneficial for the council to explore commissioning media training for the Executive and social media training for all members.
The council’s social media presence is largely broadcast in its tone, although there are plans to use EDC’s channels to proactively promote the Council Plan consultation to give people the chance to engage. There is currently limited interactions with residents on social media, with some enquiries apparently not being answered. With the right support and training, the customer services team could take greater responsibility for dealing with routine resident questions. A more systematic system for monitoring these enquiries – and ensuring any issues of a more serious nature are quickly addressed – is also necessary.
Some issues were raised with us by members around the accessibility of the council’s website. We were told that the site scores well under accessibility requirements, and there are also opportunities to address any concerns as part of a revamp of the council’s digital platforms.
There is currently a disconnect between the work of Customer Services and the council’s wider communications activity. Ideally, analysis of customer complaints would help drive some of the council’s engagement with residents. Although there have been examples of where the customer services team have been briefed about important service changes – for example around alterations to recycling – there does not appear to be a consistent approach to this, which we would encourage the council to address.
As set out earlier in the report, there is a desire across the council to make better use of more modern forms of communication than is currently the case. Video has been used in a press release, and the content carried by a local media outlet. The council’s website is set to be able to host video by the end of the year, which will allow the creation of richer and more sharable content. Whilst there are clearly skills gaps in EDC to develop a modern approach, better use could be made of training and development opportunities which are available.
There is a definite sense that the council could improve its relations with communications colleagues in partner organisations. For example, there is a Cumbria public sector communications group which EDC has apparently not attended for some time. This forum potentially offers the opportunity to share both best practice and resources with neighbouring local authorities, or to run joint campaigns with other public bodies in the Eden area. Building relationships with other public sector communicators in the area also supports emergency planning communication, in which the council’s communications resource may be called upon to work closely with others as part of a single ‘response’ team supporting an incident.
Page 28 Similarly, there is a wide range of opportunities to learn and share amongst the wider communications community that EDC could tap into more. LGcommunications – the professional body for local government communicators – offers a range of seminars, best practice resources and networking opportunities which the council could access for a small annual charge.
7.3 Place leadership
There is a genuine passion and pride across the council – at both an officer and member level – for the local area.
The new administration’s focus on sustainability in the Council Plan reflects a desire to protect the natural landscape of the district and its ambitions to show leadership on climate change.
A climate and ecological emergency was declared by EDC in July 2019, with ambitions to make the council’s operations zero carbon by 2030 and to encourage initiatives which help the whole district to also be net zero carbon. These ambitious targets can underpin the council’s narrative for its own policies, and its vision for the place, for years to come. It also again underlines the need for the organisation to increase its strategic communications capacity.
Alternatives to the controversial Penrith Masterplan are being developed by the council, but there will need to be a greater focus on ensuring these have wider buy-in. Consultations have been viewed as ‘tick box’ exercise, although it is recognised this is an area that needs to be addressed.
With a relatively new administration and the authority going through a period of political re- positioning, fostering relationships with partners will be important. The council has been viewed as lacking ambition and inward looking. As one person put it to us: ‘Eden operates in an island full of tiny islands who have always done it that way’. Whether or not these perceptions are fair, the opportunities are there to change them.
The council is well plugged into the Local Enterprise Partnership – although not at a communications level – and there has been good joint working around issues such as the Cumbria Industrial Strategy. EDC’s tourism team is also well thought of by partners for the wider work it does to promote the local area.
Although all local authorities have a crucial role in place branding, their voice does and should not need to be the only one. Through a focus on strategic relationship building and working with advocates, the council can be part of other people’s conversations and messages about the Eden district – for example through the LEP’s place campaign for Cumbria. A greater integration and understanding between the council and LEP communication teams would be mutually beneficial. It would enable the council’s story to be heard on a bigger scale and it would also support the district’s businesses to access support from the LEP.
An example of where EDC could work more effectively with the local assets at its disposal is the network of more than 70 parish councils in the district. There is currently no regular communication with the parishes, and this is something that could be quite easily
Page 29 addressed. This may be a result of people believing that the links between EDC and the parish councils should be through the Cumbria Association of Local Councils, but there is a definite sense that these relationships have been neglected. Members of EDC also feel they could be better supported by officers when they are engaging with parish councils.
As with other partners, the local business community yearns for more information from the council and is keen to do more joint work. Businesses we spoke to said they would be happy to use their own communications channels to help share information from EDC. This can be achieved through targeted messaging to businesses and working alongside key business advocates such as the chambers of trade and LEP.
The ability of EDC to communicate effectively in an emergency situation was also raised as a concern by many people we spoke to, including partners. This partly relates to a lack of capacity to deal with a crisis – but also to plan effectively for high profile events such as the Appleby Fair. An example was given to us of when the EDC contact centre were not aware that the mountain rescue service delivered medicine to isolated parts of the district during severe winter weather. The need for the council to be better prepared for emergency situations is something that will need to be addressed.
7.4 Branding
The council currently has three main brands and identities – corporate, Invest in Eden (economic development) and Visit Eden (tourism).
In addition, there appears to have been a tendency in recent years for new sub brands and logos to be created for a variety of different initiatives and programmes. EDC’s corporate brand has not been properly enforced, leading to a proliferation of brands, logos and straplines that confuse and need streamlining. The council needs to be bolder about taking credit for the good work it does across the borough through a more consistent approach to branding. This will require clearer branding guidelines and an expectation that all parts of the council will adhere to them.
Some people we spoke to expressed frustration with the design of the EDC brand, and felt it was in need of a refresh. In our view, this risks confusing a brand with a logo. A brand is not just the council's visual image, it is about the stories that people, partners and others tell about the organisation. What is needed is a greater focus on the council’s narrative, the values it embodies and the place it leads – which are the core components of the brand – rather than undertaking a redesign of a logo, which would inevitably be costly to implement, time consuming and attract criticism.
There appears to be better coordination between the ‘Invest’ and ‘Visit’ brands since the establishment of the communications working group. However, there is some confusion about the council’s role in the brands and its relationship with them. Again, this risks diluting wider EDC messages around leadership of place.
The council is developing an economic plan for the district in response to the LEP’s local industrial strategy. Where this sits alongside the activities of Invest in Eden, and whether it will be consistent, will be important to address. Some businesses we spoke to expressed a lack of understanding about the work of Invest in Eden, despite the dedicated marketing work undertaken by the economic development team. As there is no insight available to determine the effectiveness of the Invest brand and its wider recognition, it is difficult for the
Page 30 review team to make any specific recommendations about its future. We would therefore encourage the council to carry out that work around perceptions of the Invest brand. Although there will always be a need for specialist communications targeted at the business community which is separate from wider council communications about services, the need for a separate brand is not clear to us.
Many local authorities have distinct destination marketing brands similar to Visit Eden, and given that the target audiences are predominantly outside of the local area it does make sense to have a distinct identity to that of EDC.
Some questions were raised with us about the lack of wider knowledge of Eden as a place – and consequently the effectiveness of the Visit Eden brand. Whilst many people will have heard of destinations such as Penrith and Ullswater, there is a possibility the Eden district could be confused with the Eden Project in Cornwall. Whether to make better use of the area’s ‘hero’ brands is something to consider, but again will need to be based on robust insight.
8. Next steps
Immediate next steps
We appreciate that you will want to reflect on these findings and suggestions with your senior managerial and political leadership in order to determine how the council wishes to take things forward.
As part of the communications peer review process, there is an offer of further support. I would be very happy to discuss any areas for development and improvement where the LGA can help you. Claire Hogan, Principal Adviser, is the main contact between your authority and LGA for any wider support. Her contact details are: [email protected].
Yours sincerely
Matt Nicholls Head of Communications Improvement and Support Local Government Association
Page 31 This page is intentionally left blank Agenda Item 8
Report No: PP37/19 Eden District Council Executive 3 December 2019 Lazonby Neighbourhood Plan
Portfolio: Communities Portfolio Holder Report from: Assistant Director Planning and Economic Development Wards: Lazonby OPEN PUBLIC ITEM 1 Purpose 1.1 This report sets out the next steps which are recommended to be taken with the Lazonby Neighbourhood Development Plan following the referendum. 2 Recommendation It is recommended that: a) The Lazonby Neighbourhood Plan (as set out in Appendix A) is made with immediate effect, under section 38A(4) of the Planning and Compulsory Purchase Act 2004; and b) It be noted that when made, the Lazonby Neighbourhood Plan shall form part of the statutory Development Plan for the Lazonby Parish Neighbourhood Area. 3 Report Details 3.1 The Localism Act 2011 introduced a mechanism for local communities to produce a Neighbourhood Plan enabling them to have a greater say in the future of their areas. Eden District Council actively supports Neighbourhood Planning and several Parish Councils within the District are in the process of preparing a Neighbourhood Plan. Once adopted by Eden District Council the Neighbourhood Plan will form part of the Development Plan for the area they cover and will be used in the determination of relevant planning applications. 3.2 The production of a Neighbourhood Plan must follow a regulatory process and the Town and Country Planning Act 1990 as amended by the Localism Act 2011 and the Neighbourhood Planning (General) Regulations 2012 set out this process and the key stages in the preparation of such plans. 3.3 There are narrow circumstances (which do not apply in the current case) where the local planning authority is not required to make the Neighbourhood Plan. These are where it considers that the making of the Neighbourhood Plan would breach, or otherwise be incompatible with, any European Union or Human Rights obligations. 3.4 The Examiner of the Lazonby Neighbourhood Plan concluded that its production complied with legal and procedural requirements and once the recommended modifications were made it could proceed to Referendum. In
Page 33 particular the Examiner stated that he was satisfied that the basic conditions regarding compliance with European legislation were met and that the Plan had no conflict with the Human Rights Act. On 2 July 2019 the Executive agreed with the Examiner’s recommendations. 3.5 A Neighbourhood Planning Referendum was held on 17 October 2019 in accordance with the Neighbourhood Planning Referendum Regulations. The results of the referendum were as follows:
Votes
Total number of votes cast 239
Number cast in favour of “YES” 211
Number cast in favour of “NO” 27
Turnout 27%
3.6 More than half of those who voted did so in favour of the Lazonby Neighbourhood Plan. Consequently the Council is under a duty to make (adopt) the Plan as part of the statutory Development Plan and use it in the determination of planning application in the Lazonby Parish. Therefore it is recommended that the Council makes the Lazonby Neighbourhood Plan. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe and secure; Connected; and Creative 4.2 This report has strong links to each of the Council Priorities. 4.3 This report helps to meet objective 17 of the Eden Local Plan 2014-2032. 5 Consultation 5.1 Consultation on the Lazonby Neighbourhood Plan formed a key element of developing the Plan. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019. 6.1.2 Local Planning Authorities have a statutory duty to support the production of Neighbourhood Plans within their administrative area. This support is resourced within the Planning Policy Team and Electoral Services Team (in connection with the referendum stage of the process). The Council is eligible to apply for funding from the Ministry of Housing, Communities and Local Government. This money is to help Local Planning Authorities meet their
Page 34 legislative duties in relation to Neighbourhood Planning. Specifically, it covers the Neighbourhood Planning duties introduced by the Localism Act 2011 which are to provide advice or assistance; to hold an examination; and to make arrangements for a referendum. 6.2 Legal 6.2.1 The Lazonby Neighbourhood Plan will form part of the statutory Development Plan for the District and therefore the implementation of the policies contained within it will impact on planning decisions made in the District, specifically in relation to the Lazonby Parish Neighbourhood Area. This report identifies the processes which have to be complied with to adopt the Plan. 6.2.2 The Examiner’s report confirms that the Examiner is satisfied that the Lazonby Neighbourhood Plan has regard to the European Convention on Human Rights and complies with the Human Rights Act 1998.
6.2.3 Upon the making of the Lazonby Neighbourhood Plan, a Decision Statement shall be published in the format set out as Appendix B to this report. 6.3 Human Resources 6.3.1 Local Planning Authorities have a statutory duty to support the production of Neighbourhood Plans within their administrative area. This support is resourced within the Planning Policy Team and Electoral Services Team (in connection with the referendum stage of the process). 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There are no implications arising from this report. Health, Social The vision and objectives of the Lazonby Environmental and Neighbourhood Plan intend to have a positive Economic Impact impact on the health, environment and economy of Lazonby Parish. Crime and Disorder There are no implications arising from this report. Children and There are no implications that apply to children. Safeguarding 6.5 Risk Management Risk Consequence Controls Required The Council do not Resolving not to make The Council resolve to make the Lazonby the Lazonby make the Lazonby Neighbourhood Plan. Neighbourhood Plan Neighbourhood Plan. would be contrary to the Council’s statutory duty to support Neighbourhood Plans.
Page 35 7 Other Options Considered 7.1 There are narrow circumstances where the local planning authority is not required to make the Neighbourhood Plan. These are where it considers that the making of the Neighbourhood Plan would breach, or otherwise be incompatible with, any EU or Human Rights obligations. 7.2 In his report of 12 December 2018, the Independent Examiner Stated that he was satisfied that the basic conditions regarding compliance with European legislation are met and that the Plan had no conflict with the Human Rights Act. If the Lazonby Neighbourhood Plan was not made it would be contrary to the Council’s statutory duty to support Neighbourhood Plans. 7.3 For this reason no other options have been considered or set out. 8 Reasons for the Decision/Recommendation 8.1 Local Planning Authorities have a statutory duty to support the production of Neighbourhood Plans within their administrative area.
Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 19 November 2019 Monitoring Officer (or Deputy) 21 November 2019 Relevant Director 19 November 2019 Background Papers: None Appendices: Appendix A – (1) Lazonby Neighbourhood Plan, (2) Design Guide Appendix B – Decision Statement (to be published following the making of the Neighbourhood Plan) Contact Officer: Emily Baldasera, Planning Policy Officer
Page 36 Appendix A1 Lazonby Neighbourhood Plan
LAZONBY NEIGHBOURHOOD PLAN 2014-2032
02/07/19
1 Page 37 Lazonby Neighbourhood Plan
This plan has been prepared by the Lazonby Neighbourhood Plan Steering Group, on behalf of Lazonby Parish Council and residents of the parish. It is dedicated to the Memory of Elizabeth Howe, who made an outstanding contribution to its production.
2 Page 38 Lazonby Neighbourhood Plan
Contents
1 Introduction ...... 5 1.1 Lazonby and its setting ...... 5 2 The Plan Development ...... 14 2.1 Initial Community Engagement ...... 14 2.2 Pre-Submission Stage ...... 14 2.3 Sustainability Issues ...... 15 2.4 The Submission Plan for Independent Examination ...... 15 2.5 Monitoring and Review ...... 16 3 A Vision for The Lazonby Neighbourhood Plan ...... 17 3.1 Introduction ...... 17 4 Objectives for the Plan ...... 19 4.1 Introduction ...... 19 5 Management of development and growth in Lazonby ...... 21 5.1 General Development Principles...... 21 5.2 Greenfield Sites ...... 25 6 Design and Conservation ...... 27 6.1 Design of New Development...... 27 6.2 Landscaping and New Development ...... 29 6.3 Protection and Provision of LOCAL GREEN SPACE ...... 31 6.4 Recreation and Play Areas ...... 34 6.5 Footpaths and Cycleways ...... 36 7 Housing Development ...... 37 7.1 Housing Scale and Location ...... 37 7.2 Affordable Housing ...... 48 7.3 Sheltered Housing ...... 49 7.4 Discounted sites ...... 49 8 Rural Business Development ...... 54 8.1 New Businesses ...... 54 8.2 Objectives of planning for employment and business development ...... 55 8.3 Economic activity of residents ...... 55 8.4 Self-employment in Lazonby Parish ...... 57 8.5 Carers ...... 57 8.6 Farming ...... 57 8.7 Tourism ...... 59 8.8 Home Working...... 62
3 Page 39 Lazonby Neighbourhood Plan
8.9 Conversion of Redundant Buildings ...... 62 9 Micro-Energy Schemes ...... 63 9.1 Micro-Energy Schemes ...... 63 10 Infrastructure Capacity ...... 65 11 Planning Gain: Lazonby Parish proposed spending ...... 67 12 Acknowledgements ...... 68 13 Glossary ...... 69 14 Bibliography...... 74
4 Page 40 Lazonby Neighbourhood Plan
1 INTRODUCTION
1.1 LAZONBY AND ITS SETTING
This Neighbourhood Plan (LNP) relates to the Parish of Lazonby, which is in the Eden District of the county of Cumbria. In order to appreciate the Plan for the future, it is necessary to know of the past and understand the present. Various points referred to in this introduction will be expanded upon later in the Plan.
This is a rural area consisting mostly of undulating farmland, woodland and heath, bordered to the east by the River Eden. Within the parish, there are open views to the Pennines, the Solway and the Lake District. It is located between the major centres of Carlisle and Penrith but surrounded by other rural parishes of a similar nature. The parish includes sites of special scientific interest and other areas of recognised scenic importance.
Although a scenic area, tourism is not a major contributor to the local economy. Facilities for tourists in the parish are limited. The parish is not on the C2C cycle route and footpaths are limited in their extent with few ‘circular’ routes, in particular.
The layout of the land has followed the same pattern for several hundred years. Probably the last real change was as a result of the effect of enclosures of much of the land that took place in or around 1819. Most of the fields are bounded by traditional drystone walls or ancient hedgerows. Although badly hit by the outbreak of foot and mouth disease in 2001, the farms have recovered well and without significant loss of farmland.
There are various small groupings of dwellings in the parish, mostly associated with farms, and one significant settlement, the village of Lazonby.
5 Page 41 Lazonby Neighbourhood Plan
Figure 1 The Parish of Lazonby depicting the area designated for the plan
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A significant product of the parish is Lazonby sandstone. This has a distinctive red colour that gives the older properties and the many dry stone walls their distinctive colour, which contrasts with the limestone in most of the surrounding areas. The Building Research Establishment assessed the material in the 1990s and produced a technical worksheet identifying Plumpton Red Lazonby Sandstone as being suitable for ‘most aspects of construction including flooring, paving, load bearing masonry and cladding including areas where a long service life is needed or where high salt concentrations are expected’ (BRE Technical Data Sheet, July 1997 updated March 2000). It has a high abrasion resistance, making it suitable for heavily trafficked areas.
The relationship between the village and the surrounding farmland can still be clearly seen. Although the number of farms in the village has reduced significantly from a high of about seventeen, there is still one that is fully operational and several that surround the developed parts of the village. Most farms rear sheep and/or cattle with some arable land often used to provide animal feed and bedding.
Figure 2 The village of Lazonby, looking towards the station with the Eden valley in the background
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The connection can be seen most clearly at the auction mart that enjoys a national reputation for its specialist sheep sales. It is also one of the largest brownfield sites in the parish.
It can also be seen by the keeping by villagers of horses, ponies and donkeys, the keeping of hens for the production of eggs and the sharing of surplus fruit grown in the village.
Changes in farming practices and the pressure to reduce costs have led to less directly employed farmworkers and an increase in contractors and self-employed agricultural workers.
Within the parish, there are two national employers, Princes Water Company and Low Plains Quarry, and a further employer, Bells, which is based in the parish but supplies its products nationally. Each of these operations is within defined areas.
However, there is a general lack of employment opportunities in the parish so that commuting to work is necessary. However, there is a large number of self-employed persons covering a wide variety of trades and/or using new technology. They have filled many gaps in the market caused by the absence of many national contracting companies.
There has been a settlement in or around the present village of Lazonby for many hundreds of years. The name itself appears to be derived from the Norse for freedman’s home, which would put the origins well before the Norman Conquest. Finds in the area suggest that there may have been occupation during the Stone Age. The site of a Roman fort has also been identified in the parish and the route of the present day A6 to the west of the parish is the line of a Roman road.
Within the settlement is a house dating back to 1617 and another from about the end of the same century. A map in 1774 identified the names of several of the farms that are still in existence round the village. There are various other properties with features that are traditional to the area and some houses have dressed walls that are pained with stone window surrounds painted in a contrasting colour. The properties built since the start of the twentieth century are either two storeys high or bungalows.
There is a mix between owner occupied and tenanted properties. There are two main areas of social housing in the village at Barton Dale and Harrow Beck Edge. In addition, there is sheltered accommodation provided by a Housing Association at Eden Court.
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Because of the nature of the older buildings, savings on energy can be difficult. Coal and wood are still used as a domestic fuel with the main reliance placed on electricity and oil. Solar energy is starting to be used more.
The basic layout of the village has existed for many hundreds of years which explains why the roads are as they are. The older properties tend to follow the road layout and most development has been by way of infill. This results in several pinch points which can restrict traffic flow, the problems being exacerbated by parking. Across the parish many roads would be classed as country lanes and even the main road network reflects this rural character. The railway bridge in the settlement has a height restriction. Just outside the village is a single-track canal style bridge across the River Eden, which must have been a considerable improvement on the previous ford and ferry crossings.
One of the most significant changes was the arrival of the railway in 1876, but even here, the local requirements were recognised with a section in tunnel to avoid annoyance.
The railway line is part of the scenic Settle to Carlisle line, which is used extensively by tourists and walkers. The area around the line is the subject of a conservation area.
The community in the parish has been and continues to be self-supporting. On the site of an earlier church dating from 1272, the parish church was rebuilt in 1864-6 thanks to a local benefactor. Money from the public also provided funds for the school, schoolhouse, village hall and library. The village hall is still run by its own charity, as is the swimming pool. The local fire station is crewed by retained firefighters and there are community first responders who supplement the ambulance service. A community taxi service is also available operated by local volunteers. The parish did support two churches, one has recently closed, and various community groups, including a bowling club. The school has the benefit of a playing field, there is a large play area adjoining the swimming pool and a village field owned by the Parish Council. The very limited bus service is provided by a local organisation staffed by volunteers.
Many families have been associated with the parish through several generations. The older inhabitants frequently wish to stay within the area, downsizing where possible, whilst the younger ones are also looking for suitable local accommodation near their families. Within the parish there is an absence of medical services and support for both the very young and the elderly (the nearest General Practitioner is based in Kirkoswald).
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Figure 3 The extent of the village, see Policy D1
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During the twentieth century, much of the commercial activity in the village ceased so that the village now only has one convenience store, a small toyshop and a filling station. Most shopping is undertaken in either Penrith or Carlisle, using private vehicles or taxis, or on the internet with a related increase in delivery vehicles in the parish. There are two public houses in the parish and the Village Hall provides occasional public entertainment as well as hosting activities of local groups.
The parish has an ageing population. The revised population data of 2015 demonstrates that Lazonby Parish has 21.8% of the population aged 65 and over compared to 20.5% in Eden as a whole. Both the mean and median ages are also higher than in Eden as a whole. Almost a quarter of the population is in the 45 to 59 years of age group, indicating that this population ageing trend is going to increase in the future. The ageing population is also reflected in the household data which shows that 28% of Lazonby households were composed of those 65 years and over, as compared to only 25.8% in Eden as a whole. At the last census in 2011, the population of the Parish fell from 980 in 2001 to 976 in 2011. However, there was a slight rise in the number of households, to 432, reflecting the construction of housing at Lamb Lea and Seat Hill during the period. The type of housing is principally detached houses and bungalows (47.2%), a significantly greater proportion than both the Eden District and national figures for ‘predominantly rural’ areas.
Although most of the parish has retained much of its historical nature, the village of Lazonby has slowly evolved whilst retaining much of its historical nature and character.
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Figure 4 Existing designations in the Parish
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Figure 5 Existing designations in the village
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2 THE PLAN DEVELOPMENT
2.1 INITIAL COMMUNITY ENGAGEMENT
Lazonby Parish Council began the process of consulting on the formulation of the LNP in May 2013 and held intermittent meetings and consultation events over the next 15 months to gauge support for the idea within the parish. A formal application to develop a plan was made in July 2014 and a Steering Group was formed to lead the process. The development of the plan and the consultation undertaken during its development is discussed more fully in the Consultation Statement which has been prepared to support the LNP (Lazonby Parish Council, 2018).
2.2 PRE-SUBMISSION STAGE
The pre-submission stage has taken a little over two years since the formal decision to proceed with a plan. This has comprised an initial period of consultation to capture views and ideas regarding the key issues and policies to be contained in the plan, followed by a longer period of evidence gathering and drafting of policies to encapsulate the results of the consultation.
By the end of 2015, a draft existed which the Steering Group wanted to distribute more widely for further consultation to ensure that the policies, as developed, reflected the views of the community (see Consultation Statement for details). The consultation was a success and discussions with Eden District Council Planning Department indicated a general consensus of views and approach to take the plan forward. During spring 2016, outside factors delayed progress. During the summer, the examination of the Eden Local Plan by a Planning Inspector, including a number of issues likely to have a direct bearing on the LNP, resulted in a deliberate pause and then revisions to elements of the plan to reflect decisions arising from the examination.
The revised plan was completed during the autumn of 2016, with further consultation on the draft, before submission for the formal consultation stage.
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2.3 SUSTAINABILITY ISSUES
An important consideration has been maintaining the sustainability of the village as the thriving centre of the community. The school, the shop, the railway station and the pubs are all considered as key assets for the future of the of the village. Other important community facilities include the Village Hall, the swimming pool and a community park.
In addition to these assets there are a number of employers based in the parish, such as Bell’s, Princes Mineral Water Company and the Auction Mart. These draw some employees from the parish, but the majority of their workers commute into work from Penrith. The opposite is true for many workers living in the parish, who commute to jobs in Penrith and Carlisle. Farming and related activities remain an important employer in the parish and balancing the needs of the rural economy for housing, farming and employment while retaining the character of the community are key aims of the plan.
2.4 THE SUBMISSION PLAN FOR INDEPENDENT EXAMINATION
Following Regulation 16 Consultation a number of comments were received leading to amendments to the Plan. The LNP was formally submitted for Examination in Autumn 2018 and returned, in December 2018, with the recommendation that the Plan should proceed to refernedum if modified in line with the Examiner’s suggested recommendations.
The Examiner’s recommended amendments involved deleting one proposed housing allocation site (Hesket Park), which was not considered as being situated in a sustainable location. A second housing allocation was removed from the Plan, since the site had been completely developed.
A number of other alterations were also made to clarify policy wording and to avoid duplication, and ensure general conformity with, the strategic policies in the Eden Local Plan, which was adopted in October 2018.
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2.5 MONITORING AND REVIEW
Government Planning Practice Guidance [PPG at ID: 41-084-20160519] provides for the plan to be updated to maintain its relevance to planning decisions. It may be updated by the qualifying body, or by the Local Planning Authority, to correct an identified error. The Neighbourhood Planning Act (2017) sets outs a method for making certain modifications to an adopted plan, without the need for a new referendum.
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3 A VISION FOR THE LAZONBY NEIGHBOURHOOD PLAN
3.1 INTRODUCTION
The vision for the LNP should capture what is special about the Parish, what is capable of improvement and perhaps, most important, what needs to be done to sustain the future of the parish. The vision for Lazonby has evolved from the consultation process. It seeks to capture the key issues and concerns expressed by parishioners and provide a thread around which policies have been woven. The LNP is designed to provide a tool for the local community to determine the scale and nature of development affecting our area. The objective is to provide a suite of planning policies which support the vision for the parish and which encourage appropriate development.
The parish is a thriving community where people of all ages have a decent place to live, live meaningful lives and enjoy a range of services and facilities compatible with their interests and aptitudes. The LNP promotes a sustainable future for Lazonby with access to local services such as churches, the village hall, the local school, the shop, clubs, filling- station, pubs, swimming pool, open spaces, footpaths, bridleways and recreation areas.
The present make-up of the community is a result of gradual growth and varied development over a number of years, and reflects the semi-rural nature of the parish, set in attractive countryside. The impression is of a working (not a dormitory or commuter) village, not dominated by any one type of housing or development. We want the mix of old and new, of buildings and spaces, and different age groups, to facilitate and support the ‘community feel’. The aim is that all those who want to live in Lazonby may be able to do so, and feel that it is a welcoming and friendly place. The LNP includes a Design Guide to maintain the character of new buildings in the parish.
In the future the need is for a gradual increase in the housing stock, with enough genuinely affordable houses to enable local people to live here. The Design Guide for new homes is to ensure that developers take note of the existing housing stock and build houses which are both appropriate to the village and meet the needs of those who want to live in Lazonby, both young and old. The LNP recognises the status of Lazonby as a key-hub in the emerging Eden Local Plan and has allocated sites to meet both the parish and the identified district needs.
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Existing eyesores (see Glossary for definition) need to be developed suitably, and provision made for employment opportunities with light industry or commercial activity. The LNP includes policies intended to support sustainable employment, the diversification of rural enterprises and the return to use of redundant buildings.
The LNP includes a number of allocated sites to reflect the constraints of the village and includes a range of policies and a Design Guide to support the implementation of this vision. A number of initiatives on parking and the provision of public transport are included in the LNP.
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4 OBJECTIVES FOR THE PLAN
4.1 INTRODUCTION
The objectives of the plan are enshrined in a number of policies which will be implemented through the planning process. Those coming forward with proposals for developments are encouraged to engage with the Parish Council and Eden District Council at the earliest stage of the design process.
The principal objective of the plan is to enhance the overall quality of life of those living and working in Lazonby over the plan period.
The principal objective will be achieved through a number of more detailed policy approaches, summarised below.
1. To provide a framework of sustainable policies to give prospective developers guidance of what is needed in the parish, and the types and design of buildings which are likely to meet with the approval of Lazonby Parish Council and Eden District Council. 2. To implement the provisions of a Design Guide with regard to new buildings and to maintain and enhance the character of existing buildings and their settings. 3. To protect the natural environment, such as woodlands, veteran trees, hedgerows and important habitats, through restricting development on greenfield sites. 4. To protect existing open and amenity spaces and to promote their enhancement. 5. To extend the existing footpath and cycle network within the parish. 6. To influence the scale of future developments within the parish and to support improved infrastructure and service provision. 7. To extend the range of employment opportunities in the Parish. 8. To reduce commuting. 9. To allow for and allocate land for the growth of existing small and medium sized businesses. 10. To support new, home based businesses where this does not exacerbate existing traffic and parking problems. 11. To support farm diversification initiatives. 12. To encourage businesses and services that attract visitors and promote tourism in the parish. 13. To support businesses which provide services for the local community.
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14. To support micro- and renewable energy generation at a scale appropriate to local needs. 15. To ensure that the capacity of existing infrastructure is not exceeded and that new developments provide sustainable drainage systems to mitigate the effects of future extreme weather events.
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5 MANAGEMENT OF DEVELOPMENT AND GROWTH IN LAZONBY
5.1 GENERAL DEVELOPMENT PRINCIPLES
The settlement of Lazonby is defined by the area’s topography, mainly by the valley which contains the Harrow Beck and descends to the River Eden, (which flows through the Parish). The main road B6413 follows the valley down the hill and eventually crosses the River Eden at Eden Bridge. The Settle-Carlisle railway line follows approximately the line of the river, crossing the B6413 near the bottom of the village. The road system layout has scarcely changed since the railway was built in the 1870s.
The buildings have grown up over time in a piecemeal fashion around the road and railway system. There are old red sandstone buildings, mixed in with more recent developments. The slightly haphazard arrangement of the older buildings is one of the admired aspects of the village. Mostly, the newer developments, where they are small scale, observed the character of the village. With the presence of some light industry, and the Auction Mart, the impression is of a working (not a dormitory or commuter) village.
Figure 6 The Eden Bridge looking towards Kirkoswald
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The presence of the school, churches and Village Hall contribute to that, as do the various play areas and open spaces.
The results of the consultation have shown that the residents want to maintain the mix of old and new, of buildings and spaces, and different age groups, to facilitate and support the community feel, so that all those who want to live in Lazonby may be able to do so and feel that it is a welcoming and friendly place.
The Design Guide (see below) for all new developments is intended to positively influence the siting, appearance and character of new developments within the Parish of Lazonby.
Traffic issues have a big effect on the general environment. These cannot be ignored. Because of the given road and rail system, and the general topography, there are realistically only a few minor changes which can be made to address these problems.
Many of the above issues were raised in the Lazonby Parish Plan 2005 especially Section 13. Various designations relating to policies set-out in the LNP are shown on Figs 7 and 8. Applicants are encouraged to discuss their proposals with Eden District Council and Lazonby Parish Council at the earliest opportunity to ensure proposals achieve planning permission once submitted.
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Figure 7 LNP designations in the parish
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Figure 8 LNP designations in the village
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5.2 GREENFIELD SITES
The parish is richly endowed in terms of the natural environment, a fact recognised through the various SAC, SSSI designations and priority species and habitat flags on the Natural England database. For the benefit of both residents and visitors to the parish it is important to maintain the existing environmental diversity and seek to enhance it where possible. The River Eden and the SSSI designations on the fells already have national and international designations affording them protection. However, farmland birds, although considered as being important in the parish have no specific protection beyond general national policy. The LNP will seek to provide some additional protection by having a strong presumption against the development of greenfield sites unless wholly exceptional circumstances out-weigh this consideration.
The site allocation process has helped to refine the position to be utilised for the village boundary (Policy D1), which largely follows the edge of the area considered to be ‘open countryside’, and in a number of instances reflects further environmental, or topographic constraints, such as SSSI Impact Zone boundaries, flood risk areas and the SAC area.
The LNP supports a sequential approach to land use development. The village boundary defines the outer perimeter for sites considered to be ‘developable’ within the period of the plan. All the sites within the village boundary, and adjacent to the village boundary have been considered as part of the site allocation process. Rural exception sites, outside the village boundary, meeting the criteria set out in Policies B2 and B5 will be considered for development, but in other circumstances development will be restricted to the area within the village boundary (see section 8). The plan also recognises that some additional development in support of employment at the Princes (Eden Valley mineral) Water Company site may also be beneficial.
The village boundary follows historic and modern field boundaries, and includes within its compass sufficient developable sites to fulfil the anticipated housing supply requirement for Lazonby proposed in the Eden Local Plan (see section 7 for further discussion).
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The process of allocating sites has left a clear division between sites which are considered to be developable, whether available or not, and those which will not meet these criteria during the plan period. This is the zone, together with a buffer zone, which has been delineated by the village boundary. The boundary is thus, a combination of historic and topographic factors within a policy context. It takes into account existing applications and decisions (at September 2017).
Policy D1: Greenfield and Brownfield Sites Proposals involving the redevelopment of previously developed land on all sites within the plan area, will be approved, subject to compliance with other policies in the development plan.
Proposals for the development of greenfield sites, other than as permitted by policies in this plan or the Eden Local Plan, will not be approved.
Respondents to consultation for this plan have expressed a strong preference for ‘eye- sores,’ vacant and derelict sites in the village, to be developed and brought back into use in advance of any new sites being released for development (see Glossary). Site allocations within this plan include both brown- and greenfield sites selected after consideration of their overall sustainability.
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6 DESIGN AND CONSERVATION
6.1 DESIGN OF NEW DEVELOPMENT
Lazonby Civil parish contains a number of assets designated for heritage, environmental or archaeological value. In addition, the parish is bounded to the east by the River Eden which has been accorded Special Area of Conservation status (UK0012643), a European- wide designation recognising the importance of the River and its catchment area. Particular attention is called to the 184 recorded plant species within the designated area, especially stands of Alder (Alnus glutinosa), willow (Salix spp.). With regard to fauna the primary reasons for selection are the presence of white-clawed crayfish (Autropotamobius pallipes), sea lamprey (Petromyzon marinus), brook lamprey (Lampetra planeri), river Lamprey (Lampetra fluviatilis), Atlantic salmon (Salmo salar), Bullhead (Cottus gobio) and otter (Lutra lutra). While sea lamprey probably do not range as far as Lazonby, other species may be present within the parish and the continuing management of the SAC and its future improvement should be considered as priorities for any plan affecting land use along the Eden Valley.
The parish does not lie within the Lake District National Park, but the park is visible from parts of the parish, as is the Yorkshire Dales National Park. It is unlikely that development proposals within the parish will have any impact on either park unless very large in scale, such as wind turbine schemes.
Much closer to the parish and overlooking the western part of the parish and the village of Lazonby is the North Pennines Area of Outstanding Natural Beauty (AONB). The AONB extends from near to Consett, in the east, as far as Croglin and Melmerby, close to Lazonby. Small development schemes in Lazonby are again unlikely to affect the AONB, but larger schemes, or any with a greater visual impact may be considered as being within the setting of the AONB and may thus be rejected or subject to mitigation measures.
There are three Sites of Special Scientific Interest (SSSI) within the parish comprising Lazonby Fell, Wan Fell and the River Eden and its tributaries. In addition, virtually the whole parish, with the exception of a small area beyond Low Plains, falls within one or more SSSI Impact Risk Zones. Natural England is a Statutory Consultee on planning applications that could have an impact on these internationally protected areas.
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The Lazonby Fell SSSI extends across the Open Access land on the fell and north- eastwards as far as the Carlisle road from the village to the A6. The Wan Fell SSSI includes land close to the B6413 and extends beyond the parish boundary, to the south. The River Eden SSSI covers the same ground as the SAC designation but also encompasses a wider area on both banks of the river opposite Staffield. Associated with the SSSIs are a number of priority habitats and species such as floodplain grazing marsh and semi-improved grassland, to the south-east of the village; lowland heathland on both Lazonby and Wan Fell, lowland fen, to the west of Baronwood Park; upland flushes, on Wan Fell; several patches of deciduous woodland and a large area of woodland forming part of the National Inventory of Woodland and Trees; and some areas of mixed habitat.
With regard to important species the parish farmland birds such as snipe, redshank, lapwing, grey partridge, curlew, black grouse and sparrows are all noted residents or visitors to the parish.
Consultation with the residents has clearly demonstrated the desirability of maintaining the character of the village with particular emphasis of the use of traditional materials, especially Lazonby Sandstone for walls and dressings and either slate or Lazonby Sandstone for roofing.
A Design Guide has been produced to accompany the Neighbourhood Plan. It contains examples of building design and architectural detail which will be used to assess the acceptability of future developments in design terms. The Design Guide will be an important consideration in determining planning applications for new development within Lazonby village. Within the Neighbourhood Plan Area, the Design Guide will form the basis of consideration of proposals in design terms, including the extension of existing properties. The Design Guide should be followed and/or materials utilised which match the existing development, whilst retaining the character of the property and its setting.
Policy D2: Design of New Development New development will be expected to follow the provisions set-out in the Design Guide. High quality and innovative design will be encouraged. For existing properties where extensions or alterations are planned, the materials and design will be expected to follow the Design Guide and/or match the existing building.
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6.2 LANDSCAPING AND NEW DEVELOPMENT
Maintaining the character of the village and the wider parish are important for those who live and work in Lazonby. This plan seeks to promote high quality design and landscaping intended to improve, rather than merely maintain the character of the village. The protection of the Settle-Carlisle Line Conservation Area and its setting is a key aim of the plan and makes an important contribution to the character of the village
Policy D3: Landscaping of New Development High quality landscaping and sensitivity to the surrounding topography and architecture are important considerations for any new development. i) Where development proposals about the Settle-Carlisle railway line or a site lies within its setting, views into and out of the conservation area will be protected to retain the character of both the built and natural environments. This may be through sensitive design, or other mitigation measures. ii) In the Neighbourhood Plan area as a whole, proposals are required to provide appropriate high-quality landscaping to conserve or enhance their landscape setting.
There are important groups of trees and individual trees within the village which contribute a great deal to its character (see objective 3.). Trees provide shade and colour and movement, they provide privacy and are a vital wildlife habitat. In Lazonby, important groups of trees are those around Will Pool, trees along the Harrow Beck, trees below Scarrows Lane, by The Old Vicarage and the length of the river bank (Fig 8). Individual trees in the village include the Coronation copper beech situated next to Croglin Toys and Designs (Fig 9). The LNP will expect those coming forward with proposals to act in accordance with the most up-to-date best practice (British Standard 5837:2012, at the time of writing),
Policy D4: Trees Existing trees and hedges that contribute to the amenity of the area should be retained on any development site. Any planning application for development that could affect any such trees or hedges will be expected to demonstrate how the tress, hedges and their roots will be protected during the construction and how the developer will integrate these trees and/or hedges into the scheme, including incorporating appropriate new planting.
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Figure 9 Coronation copper beech, an important tree situated next to Croglin Toys and Designs
Policies D1 to D4 are considered to be the ‘core principles’ guiding the consideration of all applications made within the parish of Lazonby. Where conflicting interpretations regarding the applicability of policies arise, then policies D1 to D5 should be used to determine the suitability of any proposals in advance of any other applicable policies.
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Figure 10 View across the village towards the Pennines
6.3 PROTECTION AND PROVISION OF LOCAL GREEN SPACE
The new and existing Local Green Space as described in Table 1 shall be protected as being areas of particular importance to the local community by virtue of their recreational and amenity value and proximity to people served by the land. The National Planning Policy Framework (NPPF) recognises the importance of open and green spaces in contributing to sustainable communities (DCLG, 2012, NPPF paras 73-78).
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Table 1 Local Green Space in Lazonby, see Fig 8
Name and Grid Fig 8 Use of Land NPPF para 77 criteria Reference Will Pool NY543 392 1 Recreation and picnic area for villagers. Close to community. Pond dipping. Special for wildlife, historic Registered as a Community Asset by significance and recreational LPC. value Old Post Office/Old 2 Building leased to Mr Butler as ‘Croglin In community. Special for School/ Toys and Designs’. historic significance, important Croglin Toys and tree Designs Land NY546 395 Land Adjacent to 3 General amenity land/open space In community. Special for Parish Church historic significance and NY549 397 tranquillity Brooklyn Green 4 Picnic area for villagers. General amenity In community. Special for Area land/open space tranquillity and recreational NY550 397 value
Sports Field NY551 5 Recreation area for villagers; Used by Close to community. Special for 396 Village Scout/Cub group; Sheep grazing. recreational value Registered as a Community Asset by LPC. Bateman’s Lane 6 Nature trail and access track. Close to community. Special for NY552 398 wildlife and recreational value/tranquillity Riverside Car 7 Recreation area for villagers. River is Close to community. Special for Park/Picnic Site fished – LPC has fishing rights which are recreational value NY549 402 licensed to the public.
Coronation 8 Recreation area with swings. In community. Special for Gardens Registered as a Community Asset by recreational value NY549 392 LPC.
Community Park 9 Recreation area with various pieces of Close to community. Special for NY552 398 equipment and Willow tunnel. wildlife and recreational value Registered as a Community Asset by LPC.
Swimming Pool 10 Outdoor swimming and fitness activities + In community. Special for NY552 399 café. recreational value Registered as a Community Asset by LPC. Scaur Close Green 11 Small triangle of land at end of Scaur In community. Special for NY547 394 Close. recreational value Registered as a Village Green
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Opportunities will be sought to enhance their value to the local community as areas of recreation and, as appropriate, for their biodiversity, visual amenity, contribution to the character of the village and parish, contribution to local cultural heritage and to the general health and wellbeing of the community. Within these areas no built development will be allowed except for small scale ancillary development that would help enhance the value of the area to the community and to encourage tourism. The Parish Council has designated Scaur Close Green as a Village Green under the Commons Act 2006, as amended by the Growth and Infrastructure Act 2013. See further discussion in Section 6.4 and Table 2. See Glossary for definition of amenity value.
Policy D5: Local Green Space The following areas are designated as Local Green Space as shown on Map 8:- Will Pool Old Post Office/Old School/Croglin Toys and Designs Land Land adjacent to the Parish Church Brooklyn Green Area Sports Field Bateman’s Lane Riverside, Car Park and Picnic site Coronation Gardens Community Park Swimming Pool Scaur Close Green Development on these sites will not be permitted other than in very special circumstances.
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6.4 RECREATION AND PLAY AREAS
Current recreation areas comprise the Community Play Park and Coronation Gardens, both situated in the village. Coronation Gardens is not an ideal site for recreation due to its location, at the junction of two busy roads. There is also an area of recreation land, known as the Sports Field, which is currently used by the Cubs/Scouts one evening a week and is otherwise let out as grazing land. The Parish Council has registered this land as a Community Asset, all are Local Green Spaces, and would therefore be protected under Policy D5.
The Community Play Park was included in the 2015 Open Space Audit undertaken by Eden District Council (EDC 2015, 30-31, see Table 2). The Park achieved a fairly high score, but is located near the extreme eastern edge of the village, whereas the majority of newer housing is located in the centre, or towards the west of the village. The overall tabulated data for Lazonby, from the Audit, is reproduced above.
Although Lazonby compares reasonably well with other settlements in the district, where National Standards exist, there is a clear shortfall with regard to play areas, sports facilities and allotments. The Audit did not include data relating to the Meadows Site, which was under development at the time, and further proposals for additional housing in the village (see Section 7) will further exacerbate this shortfall.
To improve the facilities towards the upper/western part of the village, Policies D6 and D7 make provision for the protection of existing informal and formal open space, and the addition of new space.
A new public amenity space has been suggested on part of the field adjacent to the Meadows development site. This site, known as Scaur Lane, has been designated for future development (housing site HS4), but one third to one half of the site, preferably towards the road frontage, should be set aside and utilised as a recreation/amenity space for the village. There is also a proposal for improving the green space between the former Methodist Chapel and Pine Grove.
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Table 2 Tabulated data for Lazonby from Open Space Study, Eden District Council, 2015
Policy D6: New Recreation and Play Areas New recreation, amenity and play areas for the whole community will be encouraged in any new development proposals (see Policy D5 for existing green spaces). Developments of 10, or more, dwellings, or of sites of 0.5ha, or greater, will be expected to provide an area of public open space in line with the indicative quantity standards (hectares per 1,000 population) set out in relation to Policy COM3 of the Eden Local Plan, with details to be agreed to the satisfaction of the Parish Council, as of any proposals that are submitted. The space need not be within the proposed site boundary, but should be in proximity to it. As a part of this policy the following proposals have been incorporated within the plan. 1) Improvements to the current Sports Field (Fig 8, 5) area to include a hard surface area for netball, basketball and tennis as well as all-weather pitches to allow football and cricket to take place. 2) A new recreation area at the top of the village to be part of a potential further housing development on Scaur Lane.
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6.5 FOOTPATHS AND CYCLEWAYS
The consultations for the Village Design Statement in 2005, and for this Neighbourhood Plan, in 2015, both highlighted the paucity of footpaths in the parish, especially in the vicinity of the village, along the river, and to Kirkoswald. This topic is discussed further with regard to open spaces but it has an important conservation element since walking in the parish is an ideal way to appreciate the environmental, architectural and historic merits in the landscape.
The extension of the existing network of footpaths is considered to be an important objective during the period the plan covers. However, the nature and scale of development in the Parish is unlikely to contribute towards this aim. Instead, discussions between the Parish Council and the relevant landowners regarding access and the resolution of other practical issues will be more fruitful. Cumbria Count Council employ a Public Rights of Way Officer and have a procedure in place for regularising any agreements which may be reached in the future.
There are a significant number of historic rights of way in the Parish and proposals for footpaths and/or cycleways which Lazonby Parish Council, or its agents, are encouraged to consider as possible avenues for discussion with the relevant landowners. These items arise from a more detailed investigation of the existing and historic paths in the Parish, considered in tandem with the results of the various consultation exercises carried out during the formulation of this plan, and for the Village Design Statement in 2005.
Policy D7: Footpaths Where Public Rights of Way are present, the application should demonstrate that the proposed development will preserve, or enhance, the existing Public Right of Way.
Policy D8: Cycleways Any proposed residential development, which will be in close proximity to any future cycle network will be expected to connect to that network and where appropriate, will be expected to contribute to the improvements to the cycle network and safe cycle parking provision.
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7 HOUSING DEVELOPMENT
7.1 HOUSING SCALE AND LOCATION
This issue is the most important and most contentious of the LNP. It is the issue where the desires of current residents of Lazonby village come up against national and district planning policy. Neighbourhood plans are not a vehicle for preventing growth but for directing and managing it for the benefit of the community.
The amount of housing to be provided in the Parish has been set through the Eden District Council Development Plan. This comprises the Eden District Council Local Plan, which identifies Lazonby as a Key-Hub. The expectation is that these Key Hubs will absorb the entire rural housing allocation other than for exceptional sites.
The village has been identified as having the community facilities to support more extensive growth such as a large shop, school, railway, and social facilities such as the village hall, a church, pubs and Pool.
The EDC Local Plan does not address the traffic issues perceived by residents to be of great importance and experience has shown that roads within the village are considered by planners at local and county level to be adequate for growth of the village to the extent required by the new Local Plan.
The LNP must therefore seek to accommodate growth by identifying sites which cause least harm to the village environment and can be built on and, alongside that identifying sites where development will be resisted.
Throughout consultation on the LNP concerns from the community have been principally about the scale and numbers of residential units on individual developments, with a general consensus accepting Small Developments of up to five units and that a modest expansion of the village would give time for adjustment (see Glossary). The consultation showed people wanted to protect the character and appearance of the village and a Design Guide and complimentary policy has been produced to support this. People wanted a greater variety of housing types to accommodate an ageing population and housing that is affordable for young people and those on lower incomes. This would include social housing, private rented homes and smaller, cheaper houses.
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The Local Plan does not allocate development sites in Lazonby, but as one of the larger ‘key hubs’ identified in the Local Plan, Lazonby is expected to contribute a minimum of 106 new dwellings to the Local Plan requirement through to 2032. The proposals contained within the LNP allocate sufficient sites to meet this target with a considerable buffer.
The policy will support new Small Development housing schemes in locations that do not compromise the character and appearance of the area (Small Developments are defined as being: of up to five residential units, or having a site area of less than 0.2ha. Any development of more than two-storeys, or more than 8m to the eaves in height, cannot be considered to be a Small Development for the purposes of this plan (see Glossary).
Policy H1 allows market-led housing to meet local need and protect local services. Specific provision for affordable housing or ‘Starter Homes’ has not been specifically mandated (indicative for each allocated site are shown in Table 5) as national policy guidance has been evolving while this plan has been in preparation. This plan will follow the affordable housing and Starter Homes provision currently applicable as part of the Eden District Development Plan.
A large number of sites, principally in and around Lazonby village, have been considered during the formulation of this plan. A separate Objective Assessment of Need has not been carried out, but National Audit Office demographic statistics have been consulted. The figures for housing and family formation numbers contained in the documents supporting the Local Plan have been utilised to provide a realistic baseline for the numbers of residential units the parish should provide over the LNP period.
Where existing approved schemes, or anticipated schemes (based upon informal information) have been identified these have been included in the site allocation process.
The site allocation process has helped to refine the position to be utilised for the village boundary (Policy D1), which largely follows the edge of the area considered to be ‘open countryside’, and in a number of instances reflects further environmental, or topographic constraints, such as SSSI Impact Zone boundaries, flood risk areas and the SAC area.
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Each of the sites has been assessed against a number of criteria to determine suitability, availability, and deliverability for development within the period of the plan (see Tables 4 & 5). The sites include a number previously assessed for the Eden Local Plan Strategic Land Availability Assessment, some sites discounted in this document are, nevertheless, considered to have development potential since they meet the criteria used for the LNP (SHLAA, EDC 2015). In most of these instances they have been discounted in the SHLAA because they are considered to be ‘small-scale’, whereas the criteria used in the LNP supports provision of Small Developments of 1-5 dwellings. All the sites within the village boundary and adjacent to it have been considered for future development. As a result of this consideration each site has either been allocated as having potential for development, or discounted. The criteria utilised in the consideration have been availability, whether ‘developable’, accessibility and whether the site connects with existing properties.
Throughout the LNP sites have been assessed at a capacity of 33 dwellings per hectare for the purposes of providing a precise number of units to include in the documents. The LNP assumes that a range of 30-50 dph, ‘medium density’ in terms of the Local Plan, will be the approved density for new housing developments. National averages were 32 dph in 2013-14 and 31 dph in 2014-15 (Planning Portal news round-up 07/04/2016).
In addition to allocating a number of sites for new housing the LNP recognises that windfall sites, usually comprising a single dwelling, and including self-build projects, will be an important contributor to the overall new housing stock. Rather than seek to identify these sites an annual quota of roughly three new dwelling per year has been included in the LNP. This number is based upon historical evidence for the last five years.
Policy H1: Housing Development Planning permission will be supported for developments on allocated sites, including provision of affordable housing, that contribute to meeting the objectively assessed housing needs of the Parish as a) Set out in the Development Plan; or b) As demonstrated through an up-to-date housing needs survey. The development of up to, and including, five dwellings will also be supported on sites not allocated in this plan that are either: a) Within the settlement boundary (see Policy D1), or b) That meet the conditions set out in Policy B2, or c) Are on greenfield sites of no more than 0.2 ha within the village boundary.
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In addition, all housing development will be encouraged to comply with a number of general principles which meet the objectives of the LNP: 1) Proposals should be of a nature and scale that reflects and respects the character and appearance of the area, with regard to the surrounding landscape and/or townscape and the character and appearance of its setting (see Design Guide and Policy D2); 2) Proposals should not result in any significant adverse impact on the amenity of any existing neighbours, including businesses; and not otherwise adversely impact sensitive environmental or heritage assets.
In addition to this general policy approach a number of potential development sites have been identified for the plan period. These are shown on Figures 11-14 and summarised in the following table.
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Plan SHLAA Site Approx Current Brown- Estimated Indicative Available Accessible/ Developable Comments and additional reference ref/NGR name area (ha) Land field/ capacity Affordable Connectable constraints identified to-date Number ref use Green- at 33dph Units field HS1 LLZ14 Land 0.292 Grazing Green 5 N/A Yes Yes/ Yes Planning permission agreed – NY545395 behind yes 16/04/2015 the Lilacs New proposal 19/09/2017 (EDC (Figs 11 17/0817). & 13) HS2 LLZ4 Scaur 1.845 Grazing Green 49 9 Yes Yes/ Yes Option taken on land by Cumbrian NY548393 Lane yes Homes. Outline planning application (Figs 11 submitted January 2017 (EDC & 12) 17/0016) for 50 units and approved in January 2018 subject to S106 agreement. Reserved Matters application (18/0528) approved for 49 dwellings subject to conditions. Part of site to be set aside for amenity use. HS3 NY549398 The Old 0.407 Part Green/br 13 3 ? Yes/ Yes Brownfield site in village. Piggeries pasture own yes Consultation demonstrated use of (Figs 11 part brownfield sites to be a high priority. & 14) ruinous Planning Application14/0688 for 5 houses was withdrawn in August structure 2014. Field behind is also currently undeveloped and could be used for housing. Details to be provided on location and provision of refuse point, passing places and PROW, given the narrow footways outside the development site. Site access from Fiddler’s Lane deemed to be unacceptable, but via B6413 possible with appropriate design measures, including provision for adequate turning and parking. Any development should comply with SUDS standards. Requirement for developer to submit a Construction Method Statement and Surface Water Drainage Plan to mitigate any adverse impacts on the River Eden and Tributaries SSSI with any future applications.
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Plan SHLAA Site Approx Current Brown- Estimated Indicative Available Accessible/ Developable Comments and additional reference ref/NGR name area (ha) Land field/ capacity Affordable Connectable constraints identified to-date Number ref use Green- at 33dph Units field HS4 LLZ1 Egg 0.123 Former Brown 4 N/A Yes Yes/ Yes Brownfield site in centre of village NY547396 Packing ware- yes with public support for its Plant house/ redevelopment. (Figs 11 factory Planning permission for 5 dwellings lapsed in January 2016. & 13) building Asbestos in current building. Collapsed wall adjoining LPC land and in current dispute. There are narrow footways outside the site which will need to be linked to any new footways as part of any future development. The site is within EA Flood Zone 3 (1 in 1000 risk) requiring a Flood Risk Assessment to be submitted with any application. The site is developable with appropriate mitigation. Requirement for developer to submit a Construction Method Statement and Surface Water Drainage Plan to mitigate any adverse impacts on the River Eden and Tributaries SSSI with any future applications. HS5 NY546396 Old 0.007 Former Brown 1 N/A Yes Yes/ Yes Part built dwelling on site. T/phone brick yes Requirement for developer to submit Ex- building a Construction Method Statement change and Surface Water Drainage Plan to mitigate any adverse impacts on the (Figs 11 River Eden and Tributaries SSSI & 13) with any future applications. HS6 various Windfall/ various various Probably 35 N/A Yes Yes Yes Currently 3 per year have been built Infill Sites mostly /yes generally next to existing properties brown on same plot to provide dwelling for family member. Dependent upon wishes of current landowners. Requirement for developer to submit a Construction Method Statement and Surface Water Drainage Plan to mitigate any adverse impacts on the River Eden and Tributaries SSSI with any future applications.
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Table 3 The estimated capacity arising from the housing allocation sites, and windfall allowance, totals 107 units. This equates to 8.2 units per year over the remaining plan period to 2032. A density of 30-50 dwellings per hectare has been used throughout the plan (to accord with the Eden Local Plan), with the numbers in the table calculated on the basis of 33 dwellings per hectare assumed density, except where consent already granted. The number of affordable homes will be determined at the time the application is assessed. LLFA is the Lead Local Flood Authority, for Lazonby Parish this is Cumbria County Council. SUDS standards are those produced by DEFRA, non-statutory technical standards, March 2015.
Note that the Meadows Development of 48 dwellings was completed at the end of 2016. In addition, there have been three completions elsewhere in Lazonby village. A further six further units are under construction within Lazonby parish, leaving a residual housing target of 49 units against the Local Plan target of (at least) 106 dwellings units through to 2032. Page 79 Page
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Figure 11 Location of housing allocation sites in the village
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Figure 12 Scaur Lane site also showing the completed Meadows development
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Figure 13 The Lilacs, Old Telephone Exchange and former Egg-packing plant sites
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Figure 14 The Piggeries site
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7.2 AFFORDABLE HOUSING
The provision of additional affordable housing to meet the needs of existing residents in the Parish and those who have connections to the area was identified by the community as an issue to be addressed through the Plan. Lazonby has a significant amount of social housing accounting for 13.5% of the housing stock. Private rentals account for a further 13% of Lazonby’s housing stock. The Plan encourages developments of affordable housing.
Housing needs studies conducted in the past, have demonstrated a small unmet need in the Parish. The 2010 Housing Need Survey identified a need for six additional affordable dwellings.
A significant amount of new affordable housing is being provided through the construction of 48 new houses in Lazonby, in Story Homes ‘The Meadows’ development. This includes the provision of 12 affordable dwellings.
Though the threshold for compulsory provision of affordable homes within developments has now been lowered, the LNP could specify smaller and therefore cheaper houses. Any development of over 5 houses will still have to provide an affordable agreed percentage of 30%. At this scale, this is likely to involve a shared equity scheme rather than management by a social landlord. The number of affordable units at each of the allocated sites is shown on Table 3.
Policy H2: Affordable Housing Where planning permission is granted for affordable housing, first and future occupation of each affordable dwelling will be controlled by Section 106 agreement. This will ensure that occupation is limited in the first instance, and in subsequent sales or lettings, to address local needs and, where appropriate, local connections criteria. Where this cannot be achieved a cascade arrangement for first and future sales and lettings shall be set out in the planning obligation.
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7.3 SHELTERED HOUSING
Lazonby has an ageing population. The 2011 Census indicated that 24% of the population are aged 60 or over up from 17% in 2001. Elderly people generally wish to remain in Lazonby but need accommodation that is suited to their needs. Eden Court provides 8 one bedroom and 16 purpose-built studio properties. Eden Court residents are a vital part of the village society. A lot of the accommodation needs updating and there is potential to extend the building or support new sheltered units adjacent to it or within Lazonby. This Plan supports the provision of housing suitable for older residents
Policy H3: Housing for the elderly and Sheltered Housing The LNP would support the extension onto adjacent land or redevelopment of Eden Court as a facility for the elderly population. The plan will support new accommodation that complies with the other policies in the development plan.
7.4 DISCOUNTED SITES
A number of other sites have been considered for allocation for future housing during the development of this plan. All the sites within the village boundary and adjacent to it have been considered for future development. As a result of this consideration each site has either been allocated as having potential for development, or discounted. Where sites with the potential for the construction of more than one dwelling have been considered they are shown in Table 4. The criteria utilised in the consideration have been availability, whether ‘developable’, accessibility and whether the site connects with existing properties.
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Figure 15 Discounted sites around the village
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Plan SHLAA Site name Approximate Current Land Brownfield/ Estimated Available Accessible/ Developable Comments reference ref area use Greenfield capacity Connectable Number (hectares) at 33dph 8 Oings Field Auction Mart Green No Yes/yes No Not for Sale, in open countryside. Parking 9 Horse Grazing Green No No/no No Not for Sale. Adjacent to flood risk Pasture area. 10 Vicars Dale Auction Mart Green No Yes/yes No Not for Sale. If it becomes available will be considered with the Auction Mart site. 11 LLZ15 High Vacant site with Green No No/no No Access via a narrow single width Maltineer areas of hard lane shared by pedestrian access. Land standing The railway line, to the east is within Conservation Area. Discounted in Eden Local Plan. Site in multiple ownership and has prominent elevated position. Development here would lead to additional congestion in the centre of the village 12 LLZ7 Land behind Agricultural Green No No/yes No Steeply sloping site, elevated above Sunray most of the village. Inappropriate Villas development in the countryside, which would not respect the settlement pattern of the village. Discounted in Eden Local Plan. Access to HS3 does not provide any separate pedestrian footpath: roadway shared with vehicles. Development here would lead to additional congestion in the centre of the village 13 LLZ13 North Bank Rough grazing Green No No/yes No Not for Sale. No direct access. and arable Discounted in Eden Local Plan 14 ‘Tree-field’ rough grazing Green No No/yes No Most of the trees covered by TPO, only access via North Bank 15 Mason Acre Grazing/horse Green No Yes/yes More than 800m from shop, school pasture and station. Ribbon development contrary to the character of the village
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51 Page 88 Page Lazonby Neighbourhood Plan Plan SHLAA Site name Approximate Current Land Brownfield/ Estimated Available Accessible/ Developable Comments reference ref area use Greenfield capacity Connectable Number (hectares) at 33dph 16 Far Grazing Green No Yes/yes More than 800m from shop, school Scarrows and station. Ribbon development contrary to the character of the village 17 Old Quarry Cultivated Land Green No Yes/yes More than 800m from shop, school and station. Ribbon development contrary to the character of the village 18 Low Rigg Grazing Green No Yes/yes Sloping site 19 Allotments Cultivated Land Green No No/yes No direct access 20 Kiln Close/ Agricultural Green No Yes/no Sloping field crossed by public right Mounsey of way. Close 21 Fanny Croft Agricultural Green No Yes/no Field prone to flooding, access along narrow track. 22 LLZ3 Rosebank 0.72 Operational Brown/green 17 (farm No Yes/yes No Field prone to flooding at the west Farm Farm and only) end, no current direct access buildings and except through farm. adjacent field 23 Long Croft Agricultural Green No Yes/yes Inappropriate development in the countryside, which would not respect the settlement pattern of the village. 24 Pegdike Agricultural Green No Yes/yes Inappropriate development in the Dale countryside, which would not respect the settlement pattern of the village. Within the setting of the Conservation Area 25 Riddles Agricultural Green No No/no No Within the setting of the Conservation Area 26 Croft Field Agricultural Green No No/no No Within the setting of the Conservation Area. Access difficult 27 LLZ2 Kirk Sheep and Brown No Yes/Yes Yes Currently in use, if the site becomes Croft/Auction livestock available a mixed-use development Mart market will be considered. 28 LLZ9 Townfoot Derelict building Brown No Yes/yes No Grade II Listed building i(No. farmhouse 1145315) area prone to flooding by and stables the River Eden, suitable enabling development would be considered.
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Plan SHLAA Site name Approximate Current Land Brownfield/ Estimated Available Accessible/ Developable Comments reference ref area use Greenfield capacity Connectable Number (hectares) at 33dph 29 & 30 LLZ11 Threlkeld 0.51 Community Green 12 No Yes/yes No Discounted in EDLP, in flood risk Croft & Little recreation field area, camp site and swimming pool. Croft Restrictive covenant, recreational use only 31 LLZ12 Playing field 1.68 Parish owned Green 39 No No/yes No Discounted in EDLP. Restrictive sports field covenant, recreational use only 32 Unamed No direct access, would need to be croft considered with Croft Field (26) 33 Townfoot Grazing Green No Yes/yes No In flood risk area for River Eden, Close close to SAC area. Not for Sale Table 4 Discounted sites Page 89 Page
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8 RURAL BUSINESS DEVELOPMENT
8.1 NEW BUSINESSES
Lazonby parish reflects rural communities across the country. Traditional land based occupations, though important, no longer dominate the economy. The following are points which look at aspects of the changes in rural economic life: 1. A highly mobile, well educated, largely professional and managerial population, willing and able to commute to work from a desirable village location to adjacent towns and cities has become a major component of the village and parish population. 2. House prices are higher in the villages and so it is now normal for all adults in a family to work full or part time. 3. People are attracted to the village on retirement or to care for grandchildren. The population in the parish is ageing over time with difficulties this can cause in accessing services and facilities. 4. Unemployment is very low in this area but wages too are low especially in catering, childcare, retail etc. This locks some families into severe problems where there is no public transport and housing costs can be very high. 5. Changes especially mechanisation in farming, forestry and manufacturing has reduced employment in these areas. For many, self-employment has been the route taken when there are few larger employers. 6. Young people in particular have difficulty accessing opportunities where public transport is poor. 7. Broadband communication is revolutionising the way many businesses work and physical location is no longer so important. 8. The businesses which have survived and thrived through the last 25 years are the ones which have adapted, looked for new markets, and invested in facilities and training.
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The LNP must seek to support opportunity for all the residents in the Parish and will need diverse objectives for example: Whilst supporting economic development, some businesses would not be welcome where their impact on the environment or on the amenity of residents would be detrimental.
8.2 OBJECTIVES OF PLANNING FOR EMPLOYMENT AND BUSINESS DEVELOPMENT
The following objectives have been set for planning in regard to business development in the parish. To extend the range of employment opportunities in the Parish. To reduce commuting. To allow for and allocate land for the growth of existing small and medium sized businesses. To support new, home based businesses where this does not exacerbate existing traffic and parking problems. To support farm diversification initiatives. To encourage businesses and services that bring tourists into the parish on a day or overnight basis. To support businesses which provide services for children, the elderly, and disabled residents.
8.3 ECONOMIC ACTIVITY OF RESIDENTS
Lazonby Parish had 1028 residents in 2011, of these 356 worked full time, 154 worked part time. The retired population was 202 (19.6%), national average is 13%. Students carers, people on long term sick and disabled make up the remainder of the population (Table 5). A comparison of the census figures between 2001 and 2011 shows the following changes in employment categories:
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Table 5 Employment in the parish
Category of employment 2001 2011 Change
Agriculture and forestry 72 41 Down
Mining and quarrying 0 3
Manufacturing 100 72 Down
Utilities 3 6
Construction 49 48
Retail 88 113 Up
Transport and storage 32 24 Down
Hotels and catering 33 48 Up
IT 0 12 Up
Finance and insurance 18 11 Down
Professional and scientific 48
Public administration 50 57 Up
Education 59 73 Up
Health and social care 71 83 Up
Other (arts, recreation etc) 30 29
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8.4 SELF-EMPLOYMENT IN LAZONBY PARISH
At 18%, this is much higher than national or regional figures (9%). Lazonby has a very wide range of small, usually home based, businesses. These include: plumbers, painters, designers, roofers, builders, window cleaning, farmers, computer services, kennels, road haulage, ceramics, toy making, stone mason, entertainments, driving instruction, bed and breakfast, firewood, garage doors, solicitor and internet businesses.
This degree of enterprise has developed while employment in traditional industry has declined. Most have to be highly professional to survive in a competitive environment and new businesses are very difficult to establish. Most require a van, an office and /or store. The LNP should make provision where possible for safe parking of commercial vehicles; The plan should support Home-office conversions and new build in principle; Existing garages, stores and workshops in the village should be protected and new sites encouraged subject to traffic and design impact assessment.
8.5 CARERS
Fourteen percent of people in the parish provide unpaid care to family and friends with long term physical or mental health problems, often the elderly (national average 10%). A further 21 people are shown as employed in personal care. Support for a growing elderly population will require a range of jobs such as transport, mobile medical services, cleaning, gardening, hairdressing et cetera as well as personal care.
Eden Court does have facilities and could extend its role as a hub for services.
8.6 FARMING
The farming industry, hit catastrophically by foot and mouth, has seen large subsequent changes. These include the move out of dairying to stock rearing, contract harvesting, much smaller workforce, and diversification in to accommodation provision and specialist markets.
There is strong support amongst farmers for the continuation of the Auction Mart in Lazonby which links the small farmers with wider markets.
The LNP supports appropriate farm diversification (see also Policy B2).
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Policy B1: New Business Premises Development Proposals for the development of new and existing business premises, or the extension of existing businesses in the parish, which will provide local employment opportunities, will be encouraged where they are in conformity with the development plan. New premises should: 1) Be of a nature and scale that reflects and respects the character and appearance of the area with regard to the surrounding landscape and/or townscape and the character and appearance of its setting (see Design Guide). 2) Proposals should not result in a material adverse impact on the amenity of any existing neighbours, including businesses; and 3) Not otherwise have a material adverse impact on sensitive environmental or heritage assets.
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8.7 TOURISM
At present tourism is not one of the main economic drivers in Lazonby and this seems unlikely to change over the period the plan is intended to cover. However, it is considered that the relative importance of tourism will grow during the plan period and for that reason it is supportive of small scale development and conversion of farm buildings in sustainable locations where a change to, or partial adoption of tourism as a principal means of employment is proposed.
Based upon 2013 STEAM research figures, Eden District Council estimates that there were around 4.26 million visitors to the district that year who contributed around £250m to the local economy and supported nearly 4,000 full-time equivalent jobs in the area.
There are no precise figures for the parish of Lazonby but an estimate can be made based upon accommodation and supporting activities. There is one family-run bed and breakfast at Seat Hill, within the village, another at Banktop on the main street (2 rooms offered) and Bracken Bank Lodge, outside the village, which offers accommodation and a range of outdoor activities, but especially shooting. In addition, Lazonby Hall offers four rooms for self-catering accommodation. There is also the camp site near the swimming pool and the Hesket Park holiday home site in the north-west corner of the parish.
Besides the jobs associated with accommodation (bookings, catering, cleaning etc.) there are some additional support posts associated with activities like shooting, at Brackenbank Lodge.
In total around 20 FTE posts are supported directly through tourism at present representing only around 2% of the population of the parish compared with more than 7% in Eden District as a whole.
Unlike many of the parishes in the district, tourism is currently fairly peripheral to the economy of Lazonby. There are few visitor attractions which draw people to the parish despite its proximity to both the Lakes and the North Pennines and the presence of a station on the Settle-Carlisle Line. There is a shortage of footpaths linking the village to other parts of the parish and the possibility of re-opening the footpath along the Eden Gorge, one of the most spectacular in the country, will be investigated. There is also no real provision for cycle-routes in the parish even though a Tour of Britain stage passed through Lazonby in September 2015.
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The plan will seek to promote further development of this sector in the future through maintaining the natural and historic environment that provides the backdrop to every visitors’ experience of the parish, and will seek to permit developments for the enhancement of tourism, where this is supported by clear evidence. New development will not normally be permitted in the countryside but small-scale applications associated with farm diversification will be considered on their merits. The current absence of a café in Lazonby village is seen as an important deficiency (noted during the consultation exercises), both with regards promoting tourism and community cohesion. The plan will support an application for the establishment of a café in suitable premises. This policy does not affect existing permitted development rights, where they exist, nor is it intended to apply to new, or replacement farm buildings related to farming activities.
Policy B2: Farm Diversification and Buildings Outside Current Settlement Areas New development and extensions to existing buildings, intended to benefit farm diversification, for example cottage industries, holiday rentals and principal residences for sole occupancy by the owners (see Glossary), will be supported provided that: 1) they conform to the Design Guide; 2) the site is accessible by an existing track or road to the public highway; 3) in the case of new buildings, existing structures for repair or conversion are not present, or available for the proposed use.
Any planning permissions granted with respect to Policy B2 will primarily be associated with the conversion of existing barns or other farm structures to bed and breakfast or self- catering accommodation. Any new buildings will be expected to be constructed in a style and using materials that closely match the principal farm buildings. New buildings away from existing settlements or farms will not normally be allowed. Permitted development rights will be severely curtailed or entirely removed upon the granting of planning permission.
Policy B3: Café or A3 premises. The development of a café in the village will be supported provided that: it conforms to the Design Guide and it provides suitable parking.
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Fig 16 Former Methodist Chapel, potential location for café
Any planning permission granted with respect to policy B4 will be associated with the conversion of existing barns or other farm structures to bed and breakfast or self-catering accommodation. Any new buildings will be expected to be constructed in a style and using materials that closely match the principal farm buildings. New buildings will not be permitted away from existing settlements or farms. Permitted development rights will be severely curtailed or entirely removed upon the granting of planning permission.
Policy B4: New Tourism Development Tourism development proposals intended to support existing, or new amenity- or leisure- based activities (see Glossary) will be supported where not in conflict with other policies in the development plan.
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8.8 HOME WORKING
Home working and businesses operating out of residential properties are increasingly important in the parish. They typically fall into two categories: those businesses which involve actual use of the premises, usually computer-intensive/consultancy work; secondly there are businesses using residential properties as an address, but the actual activity takes place at their clients’ place of business, or work, such as trades-people.
Where these activities do not adversely impact upon the amenity of others these activities will be encouraged in line with policy B1.
8.9 CONVERSION OF REDUNDANT BUILDINGS
There are a number of redundant and dis-used buildings throughout the parish which would be suitable for refurbishment for business purposes, or for residential use for local farm-workers. Where farm-workers are to be housed this policy will be enforced by the use of conditions, and reversion to market housing will be limited. Bringing redundant buildings back into use will be supported where the above criteria can be met, policy D1 will apply to all such proposals. Note that some conversion and modification work will fall under permitted development.
Policy B5: Conversion of Redundant Buildings Conversion of redundant buildings (see Glossary) for business purposes will be supported where it will lead to an enhancement to the immediate setting. Conversion will only be supported where it can be demonstrated that there will be no material adverse impacts upon any heritage assets, local biodiversity and habitats, or the character of the surrounding area, arising for the development or the activities proposed at the site. Planning conditions and/or the removal of permitted development rights may be used to secure compliance with the Neighbourhood Plan policies.
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9 MICRO-ENERGY SCHEMES
9.1 MICRO-ENERGY SCHEMES
Recent changes to the approach to renewable energy projects by the Government is likely to require LPAs to allocate areas for wind and solar farms. An application for such an installation would need therefore to be on land allocated in the LPAs Local Plan or in a Neighbourhood Plan. In the Eden Local Plan the majority of the Neighbourhood Plan Area lies within a Wind Energy Suitable Area (see Fig 4).
It is also worth noting that the Government is planning to withdraw, or reduce, subsidies for renewable installations. At this point it is not clear if this will affect only the larger installations or if the Government will withdraw existing subsidies to domestic installations. This would have a significant effect on new renewable energy projects and therefore limit the amount of energy provided from renewables both in EDC and within Lazonby. If the LNP supports micro-energy installations this would facilitate their installation. However, the removal of subsidies is likely to significantly reduce the number of new installations.
The Plan supports domestic and micro energy generation recognising that low-carbon energy generation can help meet local needs whilst addressing wider environmental concerns. Domestic scale generation can provide all or a significant proportion of the energy needs of the building to which it is attached or associated. The Plan also recognises that microgeneration technology can be installed at a scale suitable to provide for a community energy scheme. The compliance of energy generating infrastructure and its installation with the Microgeneration Certification Scheme, or its replacement, is encouraged.
Policy M1: Small Scale Renewable and Low Carbon Energy Schemes Planning permission will be granted for energy generating infrastructure using renewable or low carbon energy sources to serve individual properties or groups of properties in settlements and countryside locations provided that: 1) The impact of the energy generating infrastructure either individually or cumulatively with existing infrastructure does not conflict with other policies in this Plan; 2) The energy generating infrastructure is in a suitable location related to, and in proportion to the scale of the existing buildings or proposed development it is intended to serve; 3) The siting, scale and design of the energy generating infrastructure does not compromise public safety and allows continued safe use of public rights of way;
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4) Adjoining uses are not adversely impacted in terms of noise, vibration, or electromagnetic interference; 5) The imposition of a planning condition requiring the removal of energy generating infrastructure as soon as reasonably practicable once it is no longer used for energy generation in order to secure the restoration of the land. 6) Has regard to the other policies in the LNP.
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10 INFRASTRUCTURE CAPACITY
The Parish has expanded rapidly over the last 25 years but the investment in core infrastructure, such as sewerage, water supply and surface water run-off has been more limited. Recent extreme weather events, especially extreme episodes of rainfall, which are expected to increase in frequency during the plan period, have demonstrated that the core infrastructure in the Parish is at, or close to capacity.
Rainwater run-off down the main road through the village and ponding of water on the road near to Will Pool are two particular issues. Flooding of fields and especially close to the River Eden occurred during the winter of 2015/16. The objective of the Plan will be to prevent the current situation from worsening by ensuring adequate provision of sewerage and run-off water drainage for new developments (see Eden Local Plan DEV4). It is important this is achieved without overstretching existing systems. Applicants are also directed to LNP policy B5 where the conversion of redundant buildings requires the provision of new or additional infrastructure.
Parking within the village is limited by the nature of many of the properties and by the character of the road layout.
Increased ownership of vehicles, paucity of public transport alternatives and the extent of commuting to workplaces outside the Parish have all contributed to the large number of cars parked in the village, especially after 6pm.
The volume of traffic passing up and down the main road through the village, while not large, in comparison with urban areas, has been raised as an issue of community concern. Rather than impose a raft of policies unlikely to have any impact on an already existing problem, the plan will seek to reduce the problem over a longer period through a number of measures under the aegis of the Parish Council. New schemes will need to demonstrate a significant commitment to reducing parking on the main thoroughfares in the village.
1) The Parish Council will engage with other bodies, such as the Highways Agency, Cumbria County Council and Eden District Council, to identify schemes and proposals which may help to reduce the pressure on parking.
2) To develop a long term ‘Parking and Traffic Strategy’ setting-out measures to be implemented.
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3) Schemes identified in the Parking and Traffic Strategy may be implemented, in part, through conditions attached to schemes coming forward.
4) Parking alleviation schemes will not be suitable if they diminish the character of the village, or conflict with the provisions of the Design Guide.
5) New schemes will demonstrate a commitment to minimising any increase in traffic-flow along the main road through the village. This may be through supporting increased public transport provision, especially at peak times, or through other measures deemed appropriate.
Policy I1: Parking and traffic No development on main thoroughfares (the B6413 and Scaur Lane) will be permitted unless off-street parking provision meets the requirements set-out in the most recent Cumbria Design Guide, and that it can be demonstrated that the development would not have any material adverse impact on highway safety.
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11 PLANNING GAIN: LAZONBY PARISH PROPOSED SPENDING
The Parish has identified the following priorities for community spending during the period of the LNP: Community amenity area with recreation equipment at north end of village (a site on Scaur Lane has been identified for this). Public footpath to join Lazonby with Kirkoswald Public Car Park in centre of village and for use during Village Hall events Café/A3 premises as Community Enterprise, one possible location is within the former Methodist Chapel building. Cycle routes around the parish and to link with neighbouring parishes. Increased provision for subsidised bus services, for example by increasing the frequency of the Fellrunner service. Support for existing community services, for example capital or maintenance investment at the Swimming Pool.
Specific applications for funding will need to be presented to the Lazonby Parish Council for consideration and should be supported by a business plan and supporting information demonstrating the benefits to the community, together with any associated risks which might reasonably be known at the time. The decision of the Lazonby Parish Council shall be final.
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12 ACKNOWLEDGEMENTS
The Lazonby Neighbourhood Plan has been produced through the effort and collaboration of many individuals and organisations. Lazonby Parish Council has been the designated body with ultimate responsibility for the production and delivery of the plan, but most of the research, analysis, discussion and consultation has been undertaken by the Lazonby Neighbourhood Plan Steering Group. Membership of the Steering Group has changed during the time the plan has been in the process of formulation, but I would like to thank, especially, Roger Campbell, Chris Hill, Elizabeth Howe, Neil Kennedy, Virginia and Peter Minihan and Gordon Nicolson, who have all made a major contribution with both their time and input to the plan. Particular thanks are also due to Lorraine Smyth, of Action with Communities in Cumbria, and to Angela Dixon, of the Eden District Council Planning Department.
Others to whom thanks are due are Sheila Fletcher, John Judson and John Nicol (parishioners); John Boardman and Rachael Armstrong (EDC Planning); Catherine Loveday and Steve Carnaby (Intelligent Plans and Examinations Ltd); John Slater (John Slater Planning Ltd); and Locality UK and Groundwork, who provided grant aid for consultation, meetings, support and printing costs; and all those who have answered questionnaires, come along to the consultation events, or just contributed through asking questions or providing feedback throughout the process.
Gordon Malcolm
Chair, Lazonby Neighbourhood Plan Steering Group
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13 GLOSSARY
The definition of terms used in the LNP and the Design Guide are explained in the following paragraphs. Where terms are not separately defined, the assumed usage is in line with current planning practice in Eden District. Affordable housing: Social rented, affordable rented and intermediate housing, provided to eligible households whose needs are not met by the market. Eligibility is determined with regard to local incomes and local house prices. Affordable housing should include provisions to remain at an affordable price for future eligible households or for the subsidy to be recycled for alternative affordable housing provision. Amenity: A positive element or elements that contribute to the positive character of an area, such as lack of noise and disturbance, openness, landscape, opportunities for recreation etc. Area of Outstanding Natural Beauty (AONB): An area with statutory national landscape designation, the primary purpose of which is to conserve and enhance natural beauty. Lazonby is located to the west of the North Pennines AONB. Amenity based activity: Any activity which utilises, or takes place within an area of amenity value (see Amenity, above), and which requires the conservations, or enhancement of that area. Examples include walking, cycling, fishing, sports and recreational activities undertaken for the purposes of leisure or enjoyment. Activities which may diminish the enjoyment of others, through noise or other disruption, will need to be considered on a case-by-case basis as to whether they constitute an amenity activity, or a nuisance. Amenity value/green-space: Open land, often landscaped, that makes a positive contribution to the appearance of an area or improves the quality of the lives of people living or working within the locality. It often provides opportunities for activities such as sports, and can serve other purposes such as reducing the noise from a busy road or providing shelter from prevailing winds. Basic conditions: The Localism Act (the Act) sets basic conditions that neighbourhood development plans or orders must meet. These are that the plan or order: must have appropriate regard to national policy and advice contained in guidance issued by the Secretary of State. must contribute to the achievement of sustainable development must be in general conformity with the strategic policies contained in the development plan for the area must not breach, and be otherwise compatible with, EU and Human Rights obligations Biodiversity: The whole variety of life encompassing all genetics, species and ecosystem variations, including plans and animals. Climate Change: Long-term changes in temperature, precipitation, wind and all other aspects of the Earth's climate. Now accepted as partly attributable to increased carbon dioxide (CO2) emissions, such as those resulting from the burning of fossil fuels in vehicles, power stations, factories and homes.
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CCC: Cumbria County Council. Development: Defined under the 1990 Town and Country Planning Act as "the carrying out of building, engineering, mining or other operation in, on, over or under land, or the making of any material change in the use of any building or other land." Most forms of development require planning permission (see also “permitted development”). Development Plan: This includes adopted Local Plans and neighbourhood plans and is defined in section 38 of the Planning and Compulsory Purchase Act 2004. EDC: Eden District Council, the local planning authority. Eyesore: In the context of the LNP this is defined as a derelict, ruinous or empty building within the village, which has been in that state for at least five years and its immediate setting. The term has been used repeatedly by respondents during the consultation process to describe a number of potential brownfield sites. Habitat: An area or type of natural area within which certain species or groupings of species can exist naturally. They should not be considered in isolation but instead they are linked, overlapping and take many forms. Heritage asset: A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. Heritage asset includes designated heritage assets and assets identified by the local planning authority (including local listing). Household: A person living alone or a group of people living together at the same address and with common housekeeping. Infrastructure: The physical entities (for example roads, railways, sewers, pipes, telecommunications lines) that is necessary for communities to function and move around. Landscape Character: The distinct and recognisable pattern of elements that occur consistently in a particular type of landscape. It reflects particular combinations of geology, landform, soils, vegetation, land use and human settlement. LNP: Lazonby Neighbourhood Plan. Local green-space: Green-space in proximity to a community and which has some special significance of historic, recreational or aesthetic value to the local community. Local planning authority: The public authority whose duty it is to carry out specific planning functions for a particular area, primarily the preparation of a Local Plan and the determination of planning applications.
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Local Plan: The plan for the future development of the local area, drawn up by the local planning authority in consultation with the community. In law, this is described as the development plan and is adopted under the Planning and Compulsory Purchase Act 2004. Low Carbon Energy: Energy which requires the burning of fossil fuels (i.e. not renewable) but generated through processes and technologies that release less carbon dioxide than conventional means, for example combined heat and power plants (CHP), and heat pumps. LPC: Lazonby Parish Council. Material considerations: A material consideration is a matter that should be taken into account in making a decision on a planning application. Material considerations can include (but are not limited to): Overlooking/loss of privacy Loss of light or overshadowing Parking Highway safety Traffic Noise Effect on listed building and conservation area Layout and density of building Design, appearance and materials Government policy Disabled persons' access Proposals in the Development Plan Previous planning decisions (including appeal decisions) Nature conservation However, issues such as loss of view, or negative effect on the value of properties are not material considerations. Microgeneration Certification Scheme: Internationally recognised quality assurance scheme, supported by the Department of Energy and Climate Change. MCS certifies microgeneration technologies used to produce electricity and heat from renewable sources. It is mandatory for receiving government financial subsidy including the Feed-in Tariff and the Renewable Heat Incentive. National Planning Policy Framework (NPPF): A Government document, published in 2012, that sets out nationally important planning issues. It replaces Planning/Mineral Policy Statements and Guidance Notes. Neighbourhood plans: A plan prepared by a Parish Council or Neighbourhood Forum for a particular neighbourhood area (made under the Planning and Compulsory Purchase Act 2004). Open Space: Usually used in relation to built-up areas. Refers to all open areas of public value, which can offer opportunities for sport, and recreation, as well as a visual amenity and haven for wildlife. Public open space is where public access may or may not be formally established.
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Permitted Development: Certain limited or minor forms of development that may proceed without the need to make an application for planning permission. Planning obligation: A legally enforceable obligation entered into under section106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal. Previously Developed Land or ‘Brownfield’ Land: Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures; land in built-up areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time. Principal Residence: Any house, or dwelling, occupied by the owner and/or their spouse for a minimum of 150 days per annum. Redundant building: Any building which has not been in use for the purposes for which it was intended during the last five years but has been used for those purposes within the last 15 years. Barn and agricultural buildings intended usage assumed being for the storage or quartering of agricultural produce, animals or equipment. Renewable Energy: Energy produced using renewable sources such wind, water or biomass. Off shore renewable energy generation projects such as offshore wind or wave power are dealt with by the Marine Management Organisation and the Infrastructure Planning Unit rather than local planning authorities. Small scale housing development schemes: With regard to the LNP, ‘small-scale’ has the meaning of up to five dwellings, when applied to housing sites and having a site area of less than 0.5 hectares when applied to non-housing sites. Small-scale sites may also be defined in terms of their social sustainability: typically having negligible impact in this regard. Where this is not the case, for example a development with a small footprint but leading to an increase in noise in the vicinity due to proposed operation of activities at the site, then the application will not be considered as being ‘small-scale’. Small Developments: Housing developments of up to five residential units or having a site area of less than 0.2ha. Any development of more than two-storeys, or more than 8m to the eaves in height, cannot be considered to be a Small Development. Supplementary planning documents: Documents which add further detail to the policies in the Local Plan. They can be used to provide further guidance for development on specific sites, or on particular issues, such as design. Supplementary planning documents are capable of being a material consideration in planning decisions but are not part of the development plan. The LNP is accompanied by a Design Guide, which is a Supplementary Planning Document.
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Sustainable development: International and national bodies have set out broad principles of sustainable development. Resolution 42/187 of the United Nations General Assembly defined sustainable development as meeting the needs of the present without compromising the ability of future generations to meet their own needs. The UK Sustainable Development Strategy Securing the Future set out five ‘guiding principles’ of sustainable development: living within the planet’s environmental limits; ensuring a strong, healthy and just society; achieving a sustainable economy; promoting good governance; and using sound science responsibly. National Planning Policy Framework (2012) sets out the government’s expression of what constitutes sustainable development. Trees and hedges of amenity value: For the purposes of this policy: any tree considered ‘veteran’ (see below), or any tree or hedge which has been in situ for at least five years and which has worth, or significance to those who use, or view it. Veteran trees are those of great age; relative to others of the same species, existing in an ancient stage of life or due to its biological, aesthetic or cultural interest. Size alone is a poor indicator of veteran status, as different species may have different rates of growth or natural life spans. Management practices such as coppicing may also belittle the true age of the coppice stool. For this reason, the species, relative ages, management practice, aesthetic, cultural and biological importance should all be taken into account when surveying or assessing potential veteran trees (definition from Forestry Commission).
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14 BIBLIOGRAPHY
Selected volumes and works consulted during the compilation of the LNP. British Standard 5837, 2012, Trees in relation to design, demolition and construction Building Research Establishment, 2000, Technical Data Sheet: Plumpton Red Lazonby Sandstone Department for Communities and Local Government, 2012, National Planning Policy Framework Department for Communities and Local Government, 2016, Planning Practice Guidance Eden District Council, 2013, STEAM research data (Scarborough Tourism Economic Activity Monitor) Eden District Council, 2015, Strategic Housing Land Availability Assessment Eden District Council, 2015, Open Space Study Eden District Council, 2015, The Eden Local Plan 2014-2032 Eden District Council, 2015, Strategic Housing Market Assessment (Parts 1-4) Eden District Council, 2015, Strategic Housing Market Assessment (Part 5) Eden District Council, 2015-17, Various documents submitted to support the hearings into the examination of the Local Plan Her Majesty’s Government, 1990, Town and Country Planning Act Her Majesty’s Government, 2004, Planning and Compulsory Purchase Act Her Majesty’s Government, 2006, Commons Act Her Majesty’s Government, 2013, Growth and Infrastructure Act Her Majesty’s Government, 2017 Neighbourhood Planning Act https://www.planningportal.co.uk/news/, 2016, News round-up for 07/04/2016 http://jncc.defra.gov.uk/protectedsites/sacselection/SAC.asp?EUCode=UK0012643 Department for the Environment, Food and Rural Affairs, 2004, Special Area of Conservation, the River Eden (UK0012643) https://www.forestry.gov.uk/fr/infd-5w2g5b Lazonby Parish Council, 2017, Design Guide Lazonby Parish Council, 2017, Consultation Statement Lazonby Parish Council, 2017, Basic Conditions Statement Lazonby Parish Council, 2005, Village Design Statement Office for National Statistics, 2011, Census data for Eden District Office for National Statistics, 2015, Population data for Eden District
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LAZONBY NEIGHBOURHOOD PLAN 2014-2029
Design Guide
02/07/19
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INTRODUCTION
The Design Guide is intended as supplementary guidance to positively shape the siting, appearance and character of new developments within the Parish of Lazonby. Although it contains no policy statements it is intended that its provisions will be implemented through Policy D3, and others, in the Lazonby Neighbourhood Plan (LNP) and the Eden Local Plan, both currently in draft but expected to become planning policy by the end of 2018.
The Design Guide focuses mainly on residential properties but is equally applicable to commercial and other developments.
At the present time Lazonby retains a large number of buildings and arrangements of buildings which reflect its character as a moderately prosperous village at an important crossing point on the River Eden. In recent years the character of the village has been gradually altered by the construction of new properties utilising brick and other materials not previously much used in the area. This trend has been exacerbated by siting these properties into modern, suburban estates which has further diminished the character of the village landscape. To quote from Conservation Principles, ‘New work should aspire to a quality of design and execution which may be valued both now and in the future. This neither implies nor precludes working in traditional or new ways, but should respect the significance of a place in its setting’ (English Heritage 2008, 22).
Following a series of consultations with the residents of the parish it became clear that a Design Guide aimed at promoting the use of traditional materials and design layouts is a high priority for the LNP.
The provisions within the Design Guide will apply equally to all new development proposals and they are considered to be one of the key aspects of sustainable development (NPPF para 56). As noted in the National Planning Policy Framework, 2012, (paras 57-59) good design and creating a sense of place are at the heart of good planning. The use of layouts and materials which reinforce the sense of place, the character and the history of the locality are at the core of this concept. Paragraph 61 goes on to state that integration into the natural, built and historic environment is very important and that local distinctiveness should be maintained (para 61). A part of the neighbourhood plan area has been designated as a
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Conservation Area; the Design Guide is intended to complement the aims for this designation and to maintain the significance attaching to the structures and setting of the Conservation Area.
This Design Guide is aimed at converting the broad National policies of the NPPF and the Conservation Areas and Listed Buildings Act (1990) into the local context. In accordance with paragraph 59 of the NPPF, the Design Guide concentrates principally on scale, density, layout, materials and access rather than the details of architectural design. However, a number of local architectural design features are included as examples to help prospective developers understand the character of the buildings in the parish. It is strongly recommended that prospective developers and their architects discuss their plans, designs, use of materials and layouts with Eden District Council and Lazonby Parish Council, at the earliest stages to avoid expensive redesign or rejections, at a later stage in any project.
This Design Guide is based around a Village Design Statement which was prepared in 2007 and has, thus been developed over a number of years (Lazonby Parish Council 2007). It contains background material describing the factors which have influenced the current form of Lazonby; a series of examples of the architectural designs and features which characterise the parish are also provided (principally through photographs, but with explanatory text where necessary); it also provides sections on materials, external treatments, and the layout of individual and groups of buildings.
1.2 WHAT IS A DESIGN GUIDE?
Many people feel they have no say over what development takes place in their community. Design Guides offer a constructive solution to this dilemma.
Local communities have a unique appreciation and understanding of their own place and a Design Guide is an attempt to provide a convenient repository for this knowledge. It describes the qualities that residents value in their parish. National policies and guidance which contribute to an understanding of place and the significance which a place has for those who experience it have also been considered (such as Understanding Place: character and context in local planning, English Heritage 2011; Conservation Principles, English Heritage 2008; Understanding Place: an introduction, English Heritage 2010, Knowing your place, English Heritage, 2011).
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A Design Guide sets out clear and simple advice for the design of all development in a parish based on its character. It will not stop change happening but it can help affect how new buildings fit into the village. A Design Guide is intended to ensure that new development is in harmony with its settings and makes a positive contribution to the parish environment. It describes the distinctive character of a village and its surrounding countryside It shows how character can be identified on three levels -the landscape setting of the village -the shape of the settlement -the nature of the buildings themselves
It sets down design principles based on this character
The Design Guide is an important part of the Lazonby Parish Plan and takes full account of the extensive public consultations in 2005 (for the Village Design Statement produced for Lazonby Parish Council), in 2015 and in 2016 (for the LNP).
1.3 WHO IS THE DESIGN GUIDE FOR?
Changes are brought about not just by new buildings but also, on a smaller scale, by alterations to existing houses, open spaces, walls, hedges and street furniture.
This guide seeks to encourage everyone to look carefully at the impact of what they propose to do in the village and the landscapes as a whole.
In particular, it will be acted upon by; District and Parish Councils in considering planning applications Statutory bodies who provide services and utilities Developers and Builders Households, businesses and farmers
The Design Guide is part of the Development Plan for the neighbourhood area and will implemented through Policies D3, D4, H1, B1, B2, B3 and I2 (see the LNP for details of these policies). It is to be used for all new-build properties within the parish. For extensions, or alterations to existing properties it is recommended that discussion with the LPA takes place at the earliest opportunity. These discussions will be to agree upon what is considered appropriate with regard to matching materials and design elements already in use where these do not comply with the Design Guide.
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THE PARISH OF LAZONBY
Lazonby Parish lies to the north-east of Penrith, in the Eden District of Cumbria. It is more than 5 miles long and 2-3 miles wide with the River Eden along its north- east side and the A6 to the west/south west. Lazonby village, with almost all the population of the parish lies in the far eastern corner. It is 7 miles from Penrith and 15 miles from Carlisle.
The parish is crossed by minor roads focusing on the river bridge at Lazonby. The most significant are the B6413 running from Plumpton to Brampton and the B6412 running from Lazonby to Edenhall. Other minor roads run north south linking villages within the Eden valley. Country lanes link farms and estates.
The village of Lazonby enjoys a wide range of services benefiting local residents, tourists and adjacent communities. These facilities include the primary school, village hall, two pubs, two churches, bowling green and swimming pool and important business enterprises such as the large Co-op, Bells Bakery, Lace’s garage and craft, IT, and insurance businesses. These provide vital employment opportunities in the area. Beyond the village there are rural businesses at Brackenbank and Princes Water Company and the Tarmac quarry, at Low Plains.
The River Eden is a major regional tourist attraction, for fishing, canoeing and walking
2.2 THE LANDSCAPE OF THE PARISH
Lazonby Parish exhibits broadly three different landscape characters: The Central Area, Sandstone Ridge and the Broad Valley. The central area
The central area covers Lazonby Hall to the north, down to the western part of the village of the village (west of the Settle-Carlisle railway line) and continues down to the west part of Great Salkeld in the south. This is predominantly grazing land at an altitude between 100m-200m above sea level, and is ‘intermediate’ between the lowland and more rolling upland types.
It varies between the rolling high land with wide views and few hedges to undulating more enclosed land with a regular pattern of sandstone walls, hedges or hedgerow trees. It is fairly bland in character with few strong features. It is generally a large-scale landscape, mainly open. Beyond the village boundary, it is 5 Page 115 Lazonby Neighbourhood Plan Design Guide
largely unaffected by development pressures. The sandstone ridge
West of this central area is a distinctive ridge, which covers Lazonby Fell which is designated as a Site of Special Scientific Interest (SSSI), Baronwood (part SSSI), Blaze Fell down to Wan Fell (SSSI) within the Parish. The attractive areas of heathland are also largely protected by SSSI designation.
The ridge is particularly prominent when viewed from the M6 corridor to the west, whence it provides a mainly afforested skyline. Lazonby Fell is particularly pronounced. North of Lazonby Fell it breaks into a series of isolated hills.
The landscape is dominated by improved farmland or conifer plantation, but with significant areas of unimproved heathland. There are attractive long distance views eastwards across the Eden to the Pennines and over the Petteril Valley to the Lake District to the west. It is a large-scale, open landscape, sometimes varied in character or more simple. Colourful patches of heather occur in summer and golden bracken in autumn. Woodlands on these hills are nationally significant for the protection of red squirrels.
This landscape has changed in recent times, and was, in the past, dry heathland or rough pasture. However, agriculture and forestation have changed that character. There is some consequent neglect of field boundaries. Poorly designed farm entrances and intrusive modern farm buildings also occur.
Areas on Lazonby Fell have now been designated Open Access areas for walkers (see Fig 7 in LNP). The broad valley
To the east of the central area is a broad valley that extends from Staffield in the north, and includes Langwathby down to Kirkby Stephen in the south-east. Within Lazonby parish it covers the area east of Lazonby village and the railway line, to the River Eden across to Kirkoswald down to Eden Lacy, the east side of Great Salkeld, Nunwick Hall to Little Salkeld.
This is a broad, large-scale landscape unified by the River Eden. Some parts are flat with fields of improved grazing land. It is nevertheless a deep and wide valley with extensive plantations, small woodlands, parkland and extensive views. Some of these wooded areas are recorded as ancient woodland and also benefit from statutory planning control in the Eden District Local Plan. These sites are mostly 6 Page 116 Lazonby Neighbourhood Plan Design Guide located at the north end of the parish near Armathwaite.
The River Eden itself is a designated Site of Special Scientific Interest with particular value for wild salmon, trout, lamprey and otters and has varied and important bird life. Bank erosion is a continuing problem.
Figure 1 St Nicholas’ church in Lazonby
Overall, land cover is mixed, predominantly pastoral. Fences and hedges form boundaries, but stonewalls are also found. North of Kirkoswald the valley narrows to an impressive steep rocky gorge with hanging woodland and fast flowing river, which cuts through the sandstone ridge towards Armathwaite. Agricultural changes and forestation have resulted in some neglect of traditional landscape features, such as the loss of hedgerows and parkland tress. Many trees are now elderly and have not been replaced.
This area is also designated in the Cumbria and Lake District Joint Structure Plan and the Eden District Local Plan as ‘County Landscape’, and therefore benefits from additional statutory planning over new development control.
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2.3 THE VILLAGE IN THE LANDSCAPE
Lazonby village sits within this landscape of green fields and woodlands, linked to the countryside with lanes and paths lined with trees, hedges and stone walls. From a distance, the village is screened by important groups of trees and folds in the shape of the land. The main views of the village are from the opposite side of the river from where the village seems to be well wooded. Buildings which are clearly identifiable from Kirkoswald include the church, the school, the old vicarage, Bells bakery and the Auction mart. There is a clear boundary to the village along the edge of the flood plain of the River Eden.
Lazonby has a scenic setting nestled in the west side of the Eden Valley with expansive views out to the Pennines and longer views south to the Dales. From the Carlisle road there are further travelling views across the Solway Plain towards Scotland. Together with travelling views along the B6413, there are views towards the Lake District, in particular to Blencathra.
Within the village the views vary greatly depending on the position of the viewer, but most are shorter views. Towards the lower part of the village views generally take in the church and/or the railway, however from west of Scaur Lane, and especially from Scarrows Lane there are good views across the village with the Pennines forming a backdrop (Fig 10). The unity of character across the village from here is obvious with the slate and flag roofs stepping down the valley side with the church tower a prominent feature in the middle background. The view west from here has been badly impacted by the discordant new development where the roof lines and pitches stick up above the more harmonious architectural form of the earlier buildings.
This roof-scape and the longer views out to the Pennines from the village, and views westward from beyond the Lazonby Fell watershed form an important characteristic of the parish and the neighbourhood should seek to protect them from any further encroachment
Other views of the village are more fragmented, coming over the hill from Penrith and getting the sense of the village facing the great sweep of the Pennines and the views from Lazonby Hall and Fiddlers Lane, where new estate development and the Bakery stand out, having not yet been softened by new trees or hedges.
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Figure 2 View across the Auction Mart
Within the parish there are a number of designated assets of national historic and ecological significance including listed buildings, Scheduled Ancient Monuments, a Conservation Area and Sites of Special Scientific Interest. To the east it is overlooked by the North Pennines Area of Outstanding Natural Beauty.
There are three SSSIs within the parish comprising Lazonby Fell, Wan Fell and the River Eden and its tributaries. In addition, virtually the whole parish, with the exception of a small area beyond Low Plains, falls within one or more SSSI Impact Risk Zones for which Natural England is the statutory consultee with regard to planning applications.
There are two designations of Scheduled Ancient Monuments, covering three separate assets: Eden Bridge (1068628) and a village settlement and separate enclosure both on Lazonby Fell (1007195). Note that the parish boundary is on the east side of the river for a short distance upstream of the bridge, but the bridge, itself, falls partly within Lazonby and partly within Kirkoswald parishes.
Within the parish there are eight listed structures, all at Grade II status. Eden bridge had two separate listing designations (1068628 and 1137397), St Nicholas’ Church (106837), the School (1145317) and Townfoot farmhouse (1145315) are all towards the lower part of the village, Banktop House (1145316) is in the central part and Scatterbeck drinking trough (1101559), Boundary stone (1068639) and a
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house at Low Plains (1326795) are all outside the village. There are currently no locally listed buildings, and no buildings of townscape merit within the parish.
Figure 3 Townfoot farmhouse with the Joiners’ Arms behind
The Conservation Area for the Settle to Carlisle Railway runs right through the eastern portion of the parish and is defined as ‘a unique conservation area that spans four local planning authority areas. Its special qualities relate not only to the magnificent scenery that the line travels through, but also to its history and construction. Good landscaping and sensitivity to the surrounding topography are important considerations for any new development that abuts the line to ensure that views into and out of the conservation area are protected.’(EDC Management of Conservation Areas SPD 2011, 19). Despite this little consideration seems to have been placed on the Conservation Area, and its setting with regard to previous expansion at Bells, which is within the Conservation Area.
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Figure 4 View towards the railway station
With the exception of the Settle to Carlisle Railway, the village is not part of a Conservation Area, although it contains a number of 19th-century sandstone buildings of some architectural interest and has been considered for designation previously: ‘The Council has a statutory duty to determine whether there are areas of special architectural or historic interest in the District that would be best preserved or enhanced by designation as a conservation area (s69 Planning (Listed Buildings and Conservation Areas) Act 1990). There are four settlements that the Council has agreed to consider for possible conservation area designation – Kaber; Renwick; Langwathby and Lazonby. We will also consider the possibility of other settlements if we consider that they may meet designation criteria.’ (EDC Management of Conservation Areas SPD 2011, 13). The Council has not had a Conservation Officer prior to August 2017 and, consequently, has previously been reliant upon advice contracted-in from other sources.
Within the parish there are also a number of areas covered by Tree Preservation Orders, although the approach to designation has been inconsistent.
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DESIGN PRINCIPLES: LANDSCAPE SETTING AND COUNTRYSIDE
3.1 THE DEVELOPMENT OF LAZONBY PARISH
Lazonby is the outcome of thousands of individual decisions made by men and women over hundreds of years, an unplanned but happy coincidence of buildings and open spaces which go together to make up a thriving community.
Lazonby developed as a linear village with the main street accompanying the Harrow Beck, which runs from Townhead down to the River Eden for nearly ¾ mile. The village slopes quite steeply on a west/east axis affording spectacular views out over the Pennines from many parts of the village. From the main road, side lanes meander out to criss-cross the countryside linking farms and villages. Some lanes over time have become farm tracks and footways others are short access roads to buildings behind the main street frontage.
The village has probably a Norse origin but its documented history dates from Norman times, mentioned in the character of the Abbey of Holm Cultram in 1165 as having a church, mill and farms. Remains of medieval field systems can still be found in the village. During the 16th century the village suffered from the effects of fighting along the Scottish border, the manor finally passing to the Musgraves of Edenhall in 1716.
The village between the 17th and 19th centuries was based on gradual development of a number of substantial farms (now mostly residential) and farm cottages. The street led to the ford across the River Eden which was replaced with a bridge in the 18th century. Ancillary rural crafts industries supported the rural economy including quarries, blacksmiths and sawmills.
With the coming of the railway in 1876, the village developed as an important sheep sales centre. The following 60 years saw considerable new housing, both terraced and villa style plus community facilities flourishing: the school (built in 1863), the church (rebuilt in 1865), the Reading Room and library, now the village hall (built in 1858), the Wesleyan and Methodist Chapels (1850 and 1898). These still form some of the most important visual elements in the village.
The pace of change quickened during the last 30 years of the 20th century. Increasing car ownership meant that commuting to work from rural villages became
12 Page 122 Lazonby Neighbourhood Plan Design Guide common. More people were attracted to the village way of life in which to bring up families and to retire to. Old estates were being broken up and new farming methods were changing the face of the countryside.
Figure 5 The Methodist Chapel
In Lazonby, new housing developments were built both in estates and along the lanes leading from the village. This, together with infilling of land behind the village frontage and conversion of former farm buildings, has had a mostly negative impact on the visual character of the village. Some exceptions demonstrate that attention to design and setting can enhance the character, when employed sympathetically. Some modern buildings, the Co-operative and Bells Bakery have had significant economic and social impact. A number of former agricultural buildings along the main road have become disused as the needs of modern farming have moved on, some have been converted to residential use. A question mark hangs over the long-term future of livestock markets, although the railway
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itself seems to be safe from closure.
Figure 6 The ‘co-op’, now Lakes and Dales in Lazonby
3.2 THE CHARACTER OF THE VILLAGE
The marked slope of the village site means that, for the most part, the local horizons are either close or immediate, nowhere is a full view of the whole village possible. Moving through the village means experiencing a constant change of prospect, with glimpses or long views out to the hills or fields from most parts of the village between or over buildings. The main street and all the roads leading out of the village have changes of gradient or curvature which introduces a picturesque element into what is essentially a working village. The irregular pattern of street frontages and variations in the building line add interest to the long main street. Non-residential buildings are dispersed throughout the village and none dominate the village character. The largest of these, the bakery, are on the fringe of the village on former railway land.
The older parts of the villages are characterised by close and varied development but with a spread or small spaces arising from both individualities in design and the placing of buildings on their site. These spaces are important as they minimise the impression of high density and overcrowding. The majority of building is of one or two storeys. An unusually large number of properties do not have a conventional
14 Page 124 Lazonby Neighbourhood Plan Design Guide street frontage. A few have gable ends to the street (normally a sign of early foundation). There is a mixture of detached, semi-detached and terrace housing of pre-20th century date.
Nineteenth-century buildings predominate but the significant community buildings are well spread out and there is no clear centre for the village. The village is visually divided by the railway bridge with a distinctly older feel to the lower part.
Property boundaries are generally stone walls and these form a unifying feature right through the village.
Other than recent infill and barn conversions, post-war development has been away from the main street: A large estate off Scaur Lane, private estates on Seat Hill and Lamb Lea and Housing Association property together with Eden Court and other sites plus ribbon development along the Carlisle Road and Rectory Hill.
Figure 7 Eden Court
Much of this development has been low density with wide grass verges and large gardens. This has on the whole respected the shape of the landscape but the choice of architectural style and building materials and urban traffic-based layout has in some cases introduced an unwelcome suburban element into a rural village. In most cases, estate development does not have a real link to the traditional fabric of the village either in layout or in use of materials.
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3.3 FOCAL POINTS
As a result of the linear nature of the village, there are few clear focal points of reference. The church is visible from most of the village being built on an elevated site. The unique architecture of the school with its tower is also a focal point for the lower village. The railway bridge across the middle of the village street is highly visible; however, residents are more likely to use social reference points when describing the village such as the Village Hall, Bells or the Co-operative, none of which are visual landmarks. The most distinctive visual landmark is the bridge over the River Eden, just outside the village, to the north and east.
Lazonby has a rich social landscape and the way people perceive and describe the village is a combination of streets, buildings and places important to themselves and the community.
Figure 8 View towards the east across the village with the Pennines in the background, note the presence of a number of short terraces of houses
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poor design since the Second DESIGN WITHIN THE World War and, thus, the PARISH examples cited are from buildings, both old and new, which Presented in this section are a encapsulate the character of the number of examples of both parish. design and architectural details Particular attention is drawn to the found within the parish which are use of appropriate materials in the intended to strongly inform the construction of new buildings, design of proposed new buildings. especially of Lazonby Sandstone It is not the intention to impose (see BRE technical data sheet for rigid design criteria, it is Plumpton Red Lazonby strongly recommended that Sandstone, 2000, for the proposals which come forward characteristics of this locally for consideration should sourced, sustainable material). enhance the character of the parish and applications will, 4.2 LAYOUT therefore, be expected to strongly reflect the forms, The Design Guide is not layouts, materials and detailing concerned with the internal layout already present. Innovative of new properties but the layout of buildings of exceptional buildings within their plots and the architectural design will be articulation of layout with massing considered on their merits. and permeability are important considerations in maintaining and The strong recommendations enhancing the character of the contained within the Design Guide village. will be implemented through Policy D3 in the LNP with Two- and three-bedroom consideration also given to properties are mostly grouped into Policies D4, H1, B1, B2, B3 and short terraces of three or four I2 which may have a bearing in properties. Larger houses are certain instances. generally detached. Regardless of whether they are sited close to One of the aims of the Design the street, or set-back, all Guide is to gradually redress properties that have any ground some of the impacts of previous to the front will have a stone wall 17 Page 127 Lazonby Neighbourhood Plan Design Guide
along the street frontage. This or no vehicular access. Buildings may be full-height, or partially of at other angles to their frontages railings or hedging. Stone gate- should be avoided unless posts are much in evidence. unusually shaped plots dictate otherwise. Open plots without boundary walls are not in character with the Massing and permeability varies village. Buildings should be of in the village and this variety both one and two storey types should be maintained with scope with a varied roofline consistent for bringing some properties with traditional buildings. Garages forward on their plots, and setting and outbuildings should be others back. Effects on integrated into the whole design overlooking and light should be and continue the use of considered as part of the design appropriate materials. process.
A variety of solutions have been 4.4 ARCHITECTURAL FEATURES adopted to accommodate car Architectural detailing to buildings parking, some of these are more within the parish is relatively plain successful than others and it is in most instances. The principal recommended that those coming features are stone window forward with proposals discuss surrounds and emphasised this element of the design with the dressings, usually in the form of planning officer prior to making quoins at structural corners and, any application. Extensive areas less frequently, at door and of hard-standing should be window jambs. avoided unless relieved by exceptional design or use of traditional materials, such as cobbling or sandstone paving.
4.3 FACING AND MASSING
Property facing should generally be to the street, although a few properties are perpendicular to the main street frontage, generally lining pedestrian lanes with limited 18 Page 128 Lazonby Neighbourhood Plan Design Guide
Figure 9 Unusual, almost bartizan-type window turret
A few buildings have decorative door surrounds, usually in Figure 10 V-jointed sandstone quoins sandstone, and some buildings have engraved name-plates or date-stamps. Many chimneys have projecting courses of sandstone slabs to impede water penetration and projecting lips above the lead flashings. A few buildings have moulded window hoods and there are also a small number of projecting bays, including one bartizan-style turret window.
For new buildings where architectural detailing is utilised, it Figure 11 Decorative door surround with should generally be plain and Classical styling, the corner of the house has emphasised quoins, in the limited to sandstone quoins, door background and/or window surrounds and possibly name, or date plaques. Emphasised sandstone quions at the coners of buildings are a simple and effective method of adding architectural interest to both rendered and sandstone faced buildings. 19 Page 129 Lazonby Neighbourhood Plan Design Guide
Figure 12 This house has a number of decorative flourishes. Note the projecting bay window, the pillared porch, the emphasised quoins at the Figure 15 Decorative inset from the wall of the fire- corners of the house, and the dentillation at the station eaves. There is also an angular sandstone gate- post in the foreground
Figure 13 House in the style of a Victorian villa with projecting bays, a connecting balcony at first- floor level and a pedimented central bay
Figure 14 Detail from the Village Hall showing the relatively simple, but effective decoration
Figure 15 Typical decorative style from the village with emphasised quoins at the wall corner, simple junction with the eaves and flush fitting sandstone window surrounds. The walls are rough-dressed sandstone ashlars
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4.6 WINDOWS
The characteristic window surrounds are of dressed Lazonby sandstone, often with a flat or segmental window-head. The surround jambs are usually fairly
Figure 17 Modern house reflecting the plain, possibly with a chamfered architectural detailing seen in older houses. Emphasised quoins at wall corners and forming front edge. The surrounds are the arch above the garage and dressed window surrounds with lintels and sills formed from single sometimes painted, even when pieces of sandstone the wall is plain sandstone, and most are either set flat into the wall, or project only a small amount.
The actual windows display more variation. Sliding sashes were normal for older houses, but both casements and tilt-and-turn windows have been utilised.
Figure 18 Another typical village house of rough- dressed sandstone ashlars and dressed ashlars to emphasise the corners of the main house. The front extension is not of the same quality
4.5 DOORWAYS
Most external doorways in the parish are relatively plain either roughly edged openings without jambs, sometimes with emphasised or dressed quoins; otherwise they typically have sandstone jambs. The jambs are usually fairly plain and match the window surrounds. A few have Figure 19 Typical window with sandstone more ornate decoration, usually surround and two-over-two sliding sashes with Classical styling.
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Figure 23 Fairly modern houses with Figure 20 Ornate window with moulded side-hung casements. The windows have hood a sandstone lintel above, a sandstone sill and undressed sides. The windows are mix of top- and side-hung casements
4.7 GARDEN WALLS
Garden walls are typically of roughly coursed sandstone laid either dry or mortared. They can be distinguished from old field Figure 21 Modern barn conversion, windows have simple sandstone boundaries by the capping. Field surrounds with the majority painted walls have large irregular pieces of sandstone used as a capping course whereas garden walls usually have either a roughly rounded or triangular piece forming a capping course. A few, mostly more recent walls have utilised flat sandstone slabs for Figure 22 Characteristic sandstone window surrounds that have been capping. painted. The windows are six-over-six modern casement windows Gate-posts are also of sandstone and are usually dressed with plains sides and faces but often with a moulded top in a variety of shapes.
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Where properties have ground between the road and the building garden walls should be present. However, appropriate visibility splays will need to be provided for safe access.
Figure 27 Sandstone wall with rounded capping
Figure 24 Sandstone wall with triangular capping
Figure 28 Sandstone wall with rounded capping
4.8 ROOFS
The roofs in the village are of two main types: either of sandstone slabs, or blue slates. Originally these were Welsh slates, brought
by rail, but replacement roofs are Figure 253 Gate-post with decorative top often of imported slate. Traditional ridge tiles were of sandstone, often even where the main roof is of slate, but these have become more difficult to obtain in recent years and glazed ridges are becoming more common.
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Most roofs are pitched front and back with a relatively shallow angle of pitch and a fairly uniform height for two-storey buildings throughout the village. Where height or angles of pitch differ from the norm, properties detract significantly from the visual Figure29 A variety of roofs: slate in streetscape and will be foreground and background, with considered to be out of character sandstone slabs on building to left with modern profile sheeting on lean-to for the village. The overall roof- Sandstone slabs, while being scape forms a ‘blanket’, mainly of more expensive and heavier, are slate, which flows down the exceedingly durable and proof Harrow Beck valley towards the against extremes of winter River Eden. Roof dormers are weather. rarely present and front projecting bays or gables are not typical.
The use of sandstone slabs for new roofs will be supported, but it is recognised that only a small number of new buildings are likely to use sandstone slabs. In the majority of cases blue/grey slate
will used. Alternative materials Figure 30 View across Lazonby towards the east showing a number of roofs may be considered for non- residential buildings.
Figure 3 Modern house with slate roof
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Figure 33 Typical sandstone chimneys with ceramic pots
4.10 PARKING AND HARD LANDSCAPING
Sandstone paving, cobbles or Figure 32 A pair of traditional houses with slate roofs permeable surfacing would be considered as appropriate for 4.9 CHIMNEYS domestic parking areas. Chimneys are present on all the Large areas of impermeable hard- pre-1970s residential properties standing are not considered to be and, given that there is no access sustainable, and can cause run- to piped natural gas in the Parish, off problems in wet weather remain useful for heating because of the pronounced slope purposes. Where provided in the village. chimneys and pots are generally fairly plain. Stacks are of sandstone, rectangular in form with projecting slabs. Modern flashings are of lead, but some older properties have projecting sandstone flashings either instead of, or together with lead. New flashings should be of lead, or of Figure 34 Sandstone chimney a visually similar modern substitute compliant with Building 4.11 MATERIALS AND FINISHES Regulations. Pots are mostly The principal materials to be used brown-glazed and ceramic and within the village are Lazonby many sport a variety of caps to Sandstone (Plumpton Red keep jackdaws from nesting in Lazonby Sandstone, BRE 2000) them. for walls, dressings, window
surrounds, garden walls and areas of external paving; and blue slate or Lazonby Sandstone for roofs.
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In the past many older buildings may have started with thatched roofs but they have long since been replaced. The slate was originally mostly from Wales, brought on the railway, but in most instances modern Figure 35 Interesting workshop/barn in alternatives can be sourced which the village with exceptionally well-pointed stonework offer a suitable substitute. The use of locally sourced In the case of walls et cetera, use Lazonby Sandstone ensures the of alternative materials to maintenance of employment at Lazonby Sandstone, for the the quarries and promotes the external envelope of new retention of traditional skills buildings will need to be strongly through the use of the materials. justified. Lazonby Sandstone is Where extensions or additions to quarried locally and is existing properties are made the exceptionally durable making it an materials should, in general, especially sustainable solution, in match those in the standing addition to maintaining the building. However, there may be character of the parish. circumstances where this is not There have been a number of appropriate: such as a separate successful recent constructions building with a different function to where modern block or brick inner the principal structure. In these wall-leaves have been faced with cases, the provisions set-out in an outer leaf of rough sandstone the Design Guide will apply. Early or dressed ashlars, with discussion with the LPA is appropriate insulation between to strongly recommended. comply with Building Regulations.
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For other non-residential buildings, such as industrial units, design is equally important. However, the use of materials and the layout will need to design and Figure 36 Rendered façade of house of 1617 with small windows and date-stamp intended functionality. Setting, above door landscaping and perimeter A number of houses, both treatment will require special traditional and of more recent consideration to mitigate the construction incorporate one or visual impact of modern materials, more rendered facades, usually where use of these is agreed painted. These may be of upon. Early discussion of sandstone construction, or proposals with the LPA and the utilising modern materials such as Parish Council is strongly blockwork, possibly with recommended. sandstone quoins exposed.
Where a developer may wish to include rendered facades a ratio of no more than one in every three properties should use this as a finish.
For new buildings outside the village, and for agricultural buildings, materials and finishes appropriate to the locale will be considered appropriate. Figure 37 Terrace of recent houses opposite the Village Hall with sandstone facades and rendered gables
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DESIGN WITHIN THE PARISH: GUIDANCE
There is much advice already available on traditional building materials and their use as well as on appropriate doors, windows, rainwater goods etc. Eden District Council is updating its Design Guide as part of the new Local Plan Framework and will offer guidance to householders (see Policy DEV5 in the Local Plan, 2017). Other guides are available including the Eden contribution to North Pennines AONB Building Design Guide (North Pennines AONB Partnership, 2011) and the Eden Design Summary (EDC 2002). These guides should be made available through the Library and from the Parish Council.
Other guidance and advice may be obtained through the Cumbria Vernacular Buildings Group (www.cvbg.co.uk), the Vernacular Architecture Group (www.vag.org.uk), or through HELM (the Historic Environment Local Management website, now hosted through Historic England, formerly English Heritage (https://historicengland.org.uk/advice/planning/local).
Innovative, contemporary design and that which incorporates energy-saving or generating features will be welcomed where it respects and enhances its surroundings.
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BIBLIOGRAPHY
Brunskill R.W., 2002, Traditional Buildings of Cumbria Buildings Research Establishment, 2000, Technical data sheet Plumpton Red Lazonby Sandstone Department of Communities and Local Government, 2012, National Planning Policy Framework Eden District Council, 2011, Management of Conservation Areas Eden District Council, 2002, Eden Design Summary Eden District Council, 2015, Eden Local Plan English Heritage, 2008, Conservation Principles English Heritage, 2010, Understanding Place: an introduction English Heritage, 2011, Knowing your place Fletcher S, and others, 2001, ‘Survey of the buildings of Lazonby’, unpublished records held by Lazonby History Society HMG, 1990, Planning (Listed Buildings and Conservation Areas) Act 1990 Hyde M, and Pevsner N, 2010 The buildings of England, Cumbria, Cumberland, Westmorland and Furness North Pennines AONB Partnership, 2011, North Pennines AONB Building Design Guide
29 Page 139 Appendix B
Eden District Council
Lazonby Neighbourhood Plan – Decision Statement (published pursuant to Section 38A(9) of the Planning and Compulsory Purchase Act 2004 and Regulation 19 of the Neighbourhood Planning (General) Regulations 2012 (as amended))
NOTICE IS HEREBY GIVEN that Eden District Council (EDC) has decided to make (adopt) the Lazonby Neighbourhood Plan (the Plan) under 38A(4)(a) of the Planning and Compulsory Purchase Act 2004 (as amended by the Neighbourhood Planning Act 2017), and under Regulation 19 of the Neighbourhood Planning (General) Regulations 2012 (as amended).
In accordance with Regulation 19 of the Neighbourhood Planning (General) Regulations 2012, following a positive referendum result on the 17 October 2019 the Lazonby Neighbourhood Development Plan is part of the adopted Development Plan for Eden District.
Reason for this Decision
The Neighbourhood Development Plan meets the basic conditions and its promotion process is compliant with legal and procedural requirements. Paragraph 38A(4)(a) of the Planning and Compulsory Purchase Act 2004 requires the Authority to make the Neighbourhood Plan if more than half of those voting in the referendum upon the plan have voted in favour of the plan being used to help decide planning applications in the area. More than half of those voting in the Lazonby Neighbourhood Development Plan referendum on 17 October 2019 voted in favour of the plan.
Following this outcome the Council’s Executive has granted approval for the Plan to be made.
A copy of this decision statement is being sent to:-
The qualifying body, namely Lazonby Parish Council; and To any person who asked to be notified of the decision.
This statement, the made Plan and other associated documents are available for inspection at www.eden.gov.uk and during normal opening hours at:
Eden District Council offices i. Penrith Town Hall, Corney Square, Penrith, Cumbria CA11 7QF ii. Mansion House, Friargate, Penrith, CA11 7YG; Lazonby Library Link, Co-operative store, Lazonby, Penrith CA10 1BG Penrith Library, St Andrew’s Churchyard, Penrith, CA11 7YA
For more information please contact the Planning Policy Team on 01768 817817 or e-mail [email protected].
1
Page 140 Agenda Item 9
Report No: PP29/19 Eden District Council Executive 3 December 2019 Section 106 Payments and Monitoring Portfolio: Housing and Health Report from: Assistant Director Planning and Economic Development Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 To set out a process for the collection, monitoring, reporting, and spending of Section 106 finances along with a request to amend Section 106 Agreements. 2 Recommendation 2.1 It is recommended that the Executive approves: (1) the inclusion within the terms of all future Section 106 legal agreements a provision to reflect that the Council will impose a fair and reasonable fee on the collection, monitoring and reporting of Section 106 payments. (2) the process for the collection, monitoring, reporting and assignment of S106 agreement finances as outlined within the report. 3 Report Details 3.1 Section 106 (S106) Agreements are legal agreements, under the Town and Country Planning Act 1990, between Local Authorities and developers (or persons with an interest in the land) which are linked to planning permissions and can also be known as Planning Obligations. 3.2 Section 106 Agreements cover a wide range of areas and are usually put in place when it is considered that a development will have significant impacts on the local area that cannot be moderated by means of conditions attached to a planning decision. An example is whereby a new residential development may place extra pressure on the social, physical and economic infrastructure which already exists in a certain area. A Planning Obligation will aim to balance the pressure created by the new development with improvements to the surrounding area ensuring that where possible, the development would make a positive contribution to the local area and community. 3.3 When a planning application is submitted to the Council, an assessment will be made as to whether the development would cause a significant impact to the area and community. The S106 Agreement will vary depending on the nature of the development and be based on the needs of the District. The most common obligations include:
Page 141 Public Open Space Affordable Housing Education Highways Town Centre Improvements Health 3.4 The content of the S106 Agreement is agreed through the consultation period of the planning application with the relevant parties and planning officer. The S106 Legal Agreement is prepared by the Council's solicitors and the applicants will be required to pay the solicitor's reasonable fees, which are currently £525. 3.5 The collection, monitoring, reporting and assignment of S106 finances is now at a stage where the processes would benefit from being refined and more structured. In addition, changes to Community Infrastructure Levy (CIL) Regulations from September 2019 have allowed the Council to introduce a fair and reasonable fee for to be attached to S106 Agreements which should enable the Council to commit resources to pursuing, monitoring and reporting on the S106 payments. 3.6 Local planning authorities are expected to use all of the funding received by way of planning obligations, as set out in individual agreements, in order to make development acceptable in planning terms. Agreements include clauses stating when and how the funds will be used and also allow for their return after an agreed period of time if they are not used. By putting in place measures that provide greater clarity and monitoring of the funding, the Council can mitigate the risk of having to return the contributions made. 3.7 As part of the recent changes to regulations, any local authority that has received developer contributions (section 106 planning obligations or Community Infrastructure Levy) must publish online an infrastructure funding statement by 31 December 2020 and by the 31 December each year thereafter. Infrastructure funding statements must cover the previous financial year from 1 April to 31 March (note this is different to the tax year which runs from 6 April to 5 April). In effect this will therefore apply to the financial year 2019/2020 onwards. The content and format of the infrastructure funding statements are set down by Central Government and promote good practice and transparency. 3.8 An additional officer resource will be required to ensure the District receives all of the finance that has been agreed through the S106 Agreements to ensure the District benefits accordingly. In addition, the additional resource will ensure the Council adheres to the new requirements of the amended regulations. A further benefit of this piece of work will be that there will be greater clarity and transparency with regards to what contributions have been received and how this has been spent. The responsibility for overseeing S106 processes and finance has sat within numerous teams and officers over a number of years but the approach set out in the report would enable a specific officer within a specific team to be tasked with overseeing the process.
Page 142 3.9 Under the requirements of Policy CS10 of the Core Strategy, part 2(b) required: ‘Small developments, that is, below the threshold (1-3 units), will not be required to incorporate affordable housing on site, but the Council may seek an appropriate level of financial contribution as governed by Policy CS6 and such subordinate Development Plan Documents of Supplementary Planning Documents as may be adopted.’ 3.10 Under the Core Strategy, outside Penrith itself, or ‘rural exception sites’ sites of 1 – 3 units were required to make a 3% contribution (of the value of the dwelling or dwellings) as a contribution toward affordable housing. Whilst this is no longer an adopted Policy of the Council, any permissions that were implemented or commenced are still bound by Section 106 Agreements entered into and as such there is a legal requirement to pay the 3% contribution. 3.11 The proposals set out in this report will, if approved, create the capacity to improve the monitoring and management of S106 Agreements. The resource will sit within the Housing Team due to importance of the provision of affordable housing within the District. It is estimated that an additional c.£300,000 could be accrued for the Council’s Affordable Housing Fund from attention to existing agreements. A part time position of two days per week will be established initially for a term of twelve months. The adequacy of this provision will be reviewed before the end of the term and the position for the longer term will be adjusted as necessary to meet the demands of the process. 3.12 The process outlined in this report is planned to be self-sustaining from the draw down allowed from S106 Agreements. The process is in accordance with the principles of the One Eden approach of the Council achieving better outcomes for the District whilst ensuring sustainability of its finances. It is also to be noted that initially there may be an intense period of work to commence the new process and identify the outstanding payments due. 3.13 In considering how other similar authorities have approached Section 106 monitoring and reporting or intend to, Table A below sets out feedback received from other similar or geographically close authorities.
Page 143 Table A
Authority S106 Approach South Lakeland How it’s resourced: District Council Designated S106/CIL officer. Involved in expediting S106 drafting as well as monitoring the obligations to SLDC (but not the obligations to Cumbria CC). Their role is to ensure monies come in, are recorded by Finance and made available for the relevant departments to spend. Systems in place:
Use Exacom system to process and monitor CIL – this system includes a S106 monitoring package which they use. Previously they just used an Excel based monitoring spreadsheet. This function sits:
Within Planning (although this may change after restructuring) Richmondshire How it’s resourced: District Council No designated officer – S106 monitoring is done as part of the wider monitoring of permissions / completions. Currently looking into options in terms of part funding the role through a proportion of the developer contributions. Systems in place:
Implemented a S106 spreadsheet which notes all planning details as well as the amount of money due and trigger point of payment. Updated on a quarterly basis. When the trigger point(s) are met (this is monitored through Council Tax data generally) they instruct their Business Support team to generate an invoice and chase payments where necessary. Exploring whether to purchase software such as Exacom. Selby District How it’s resourced: Council Designated S106/CIL officer. Systems in place: Use Exacom system to monitor agreements in conjunction with a backup spreadsheet. This function sits:
In the Policy Team, although all part of DM, PPU Enforcement and Planning Policy.
Page 144 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe and secure; Connected; and Creative 4.2 This report has strong links to the Council’s Corporate Priority of Sustainable as finance raised through the Section 106 process could be used for the delivery of further affordable homes. 5 Consultation 5.1 The Housing and Health Portfolio Holder has been consulted and is supportive to this approach of the collection and monitoring of Section 106 payments. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019. 6.1.2 The finance associated with this report has been assessed and amounts to £9,647. Initially the finance will be taken from existing budgets which will be identified and it is expected that by charging a fair and reasonable fee for the collection and monitoring of Section 106 payments this figure can be offset to an extent with finances being paid to the Council. 6.2 Legal 6.2.1 The proposals are within the legal powers of the Council. 6.3 Human Resources 6.3.1 There are Human Resources implications arising from this report as there is currently not the capacity within the Council to undertake the more structured approach to the collection, monitoring and reporting of Section 106 finances, it is therefore noted that additional resources are to be employed on a twelve month basis. A review of the success or otherwise of this project will be undertaken towards the end of the project to consider whether to continue the approach. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There are no equality implications arising from this report. Health, Social The Council recognises that the effective Environmental and collection and spending of Section 106 finances Economic Impact could lead to the provision of more affordable
Page 145 homes in the District. Crime and Disorder There are no Crime and Disorder implications arising from this report. Children and There are no Children and Safeguarding issues Safeguarding arising from this report. 6.5 Risk Management Risk Consequence Controls Required That there is The funding is not Effective infrastructure insufficient monitoring collected and then used funding statement to of the Section 106 for its intended purpose. be put in place. payments. This may lead to the Council having to return Section 106 payments to the developers and as such a loss of potential affordable homes being created within the District. 7 Other Options Considered 7.1 The Council could decide not to amend S106 Agreements and not charge a fair and reasonable fee for the monitoring and reporting of the agreements, however without the additional resources required the Council would have difficulties in meeting the requirements of the amended regulations. 8 Reasons for the Decision/Recommendation 8.1 To provide an effective collection, monitoring and reporting mechanism for Section 106 payments.
Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 19 November 2019 Monitoring Officer (or Deputy) 21 November 2019 Relevant Director 19 November 2019 Background Papers: None Appendices: None Contact Officer: Oliver Shimell, Assistant Director Planning and Economic Development
Page 146 Agenda Item 10
Report No: PP35/19 Eden District Council Executive 3 December 2019 Request to joint fund a Cumbria Strategic Waste Partnership Development Officer Portfolio: Services Report from: Assistant Director Commissioning and Technical Services Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 The Cumbria Strategic Waste Partnership Members wish to appoint a Partnership Development Officer for a 3 year period. 2 Recommendation: 1. That the Services Portfolio Holder be authorised to sign the Memorandum of Understanding. 3 Report Details 3.1 The Cumbria Strategic Waste Partnership (CSWP) Officer and Members meetings have been running for approximately 15 years. It was formed by all the Cumbrian Waste Collection Authorities (WCAs) and the Waste Disposal Authority (WDA) to work together to develop the most cost effective and practical methods of dealing with waste. The 6 Waste Collection Authorities are as follows, Allerdale Borough Council, Barrow Borough Council, Carlisle City Council, Copeland Borough Council, Eden District Council and South Lakeland District Council. The Waste Disposal Authority is Cumbria County Council. 3.2 The Cumbria Joint Municipal Waste Management Strategy dated 2008 expires in 2020. It is outdated and requires a complete overhaul with the duty on all the Cumbrian WCAs and the WDA to have a strategy in place. 3.3 The Resources and Waste Strategy was released by the Government in December 2018 and the subsequent major consultations released in February 2019. The Resources and Waste Strategy covered the following: Consistent collections including food waste and free garden waste. Enhanced producer responsibilities for packaging and the proposal that packaging manufactures cover the full cost of recycling waste. Deposit return schemes for the UK.
Page 147 Taxing plastic packaging with less than 30% recycled content. This will also have a bearing on the workload of the Partnership Development Officer, with more consultation responses and will include indicative timescales for some of the changes they intend to progress. 3.4 Due to the need for a new Strategy and to ensure the Cumbrian Authorities are prepared for the impending impact of the national strategy, the Members Board verbally agreed on 29 July 2019 that they wished to fund a Partnership Development Officer. All relevant documentation was provided to the WCAs on 6 September 2019. 3.5 The CSWP Members Board, agreed to jointly fund the post of a Partnership Development Officer for a three year fixed term basis. The post would be set at Grade K (34) and be jointly funded at a cost of around £7.8K per annum for each authority. The post would be hosted by Cumbria County Council, whilst being managed by one of the District Councils. 3.6 Along with playing a pivotal role in the preparation of The Cumbria Joint Municipal Waste Management Strategy, the Partnership is preparing work for the CSWP on the Governments Resource and Waste Strategy. The post would also react to the current, and rising, climate change and sustainability agenda and look to maximise the opportunities through the Cumbria Consistency Report which was funded by the Waste and Resources Action Programme. 3.7 It is expected that post would lead on accessing funding/resources as they become available and open up more opportunities for Cumbria, including working with other organisations and groups on projects across the county. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe, and secure; Connected; and Creative 4.2 This report meets the Sustainable corporate priority. 5 Consultation 5.1 The Council’s Services Portfolio Holder is the Member assigned to the Cumbria Strategic Waste Partnership Members Board and along with other Members from Allerdale Borough Council, Barrow Borough Council, Carlisle City Council, Copeland Borough Council, Cumbria County Council and South Lakeland District Council have all agreed verbally to the post of a Partnership Development Officer for the Partnership. The other Cumbria Local Authorities have signed or are signing the Memorandum of Understanding.
Page 148 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023 as agreed at Council on 7 November 2019. 6.1.2 The opportunity is for all 7 WCAs and the WDA to fund a resource that would not normally be available. 6.1.3 It has been suggested that the equally shared amount be “top sliced” from the recycling credit payment and taken from the first quarterly bill, however it is felt by the Council that they would wish to use a specific assigned budget for the potential £7.8K per annum contribution. 6.2 Legal 6.2.1 Should the Council not have a Waste Management Strategy in place it would be for DEFRA and the Environment Agency to consider what action they would wish to take. 6.2.2 The proposal shall enable the Council to ensure it is in a position to discharge the obligations it has to process waste under the Environmental Protection Act 1990. 6.3 Human Resources 6.3.1 No human resource issues. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There is no Equality and Diversity implications arising from this report. Health, Social There is no Health and Social implications arising Environmental and from this report. With regard to the Environmental Economic Impact and Economic implications the potential resource would be a positive step. Crime and Disorder There is no Crime and Disorder implications arising from this report. Children and There is no Children and Safeguarding Safeguarding implications arising from this report. 6.5 Risk Management Risk Consequence Controls Required A Waste Management A reputational risk as it The Waste Strategy is not in place is not known what the Management Strategy consequences would be be updated. from the Environment Agency of DEFRA Not join with the other A financial and The nominal funds be
Page 149 WCAs and the WDA in reputational risk should provided. providing this resource. the Council in not providing the funds to join with the other WCAs and the WDA. 7 Other Options Considered 7.1 Another option was for the Councils to jointly fund a consultant to carry out the works involved, however this was felt to be more expensive and it would be more cost effective for the Councils to jointly fund a Partnership Development Officer. 8 Reasons for the Decision/Recommendation 8.1 To be able to engage and deliver national policy and statutory requirements.
Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 21 November 2019 Monitoring Officer (or Deputy) 21 November 2019 Relevant Director 18 November 2019 Background Papers: The letter from Councillor Celia Tibble, CSWP’s Member Chair CSWP - Post Specification CSWP - Memorandum of Understanding Appendices: None Contact Officer: Neil Buck, Procurement and Contracts Manager Tel: 01768 212337
Page 150 Agenda Item 11
Report No: PP36/19 Eden District Council Executive 3 December 2019 Request for Delegated Powers to Determine Applications for Leisure Grant Fund Portfolio: Communities Report from: Assistant Director Commissioning and Technical Services Wards: All Wards OPEN PUBLIC ITEM 1 Purpose 1.1 Request that the Assistant Director Commissioning and Technical Services be provided with delegated powers in order to determine applications for Leisure Grants to be paid from the Leisure Grant Fund (`the Fund’). 2 Recommendation It is recommended that the Assistant Director Commissioning and Technical Services be provided with authorisation to determine Leisure Grants and make necessary amendments to the Terms and Conditions. 3 Report Details 3.1 The Leisure Grant Fund offers financial support to sports clubs, community groups and individuals achieving excellence and personal development in sport and the arts within Eden. 3.2 Under the current Terms and Conditions of the Fund, the maximum amount that can be provided for a project is £700 and to an individual £400. 3.3 All applications are checked to ensure that they meet the terms and conditions of the Fund prior to being considered. 3.4 Currently all grant applications are submitted in report format to the Communities Portfolio Holder for consideration, the reports being prepared and subject to the same Governance checks and consideration by Senior Officers as for all more complex reports. 3.5 As the level of funding is relatively small, it is felt that this arrangement is cumbersome, time consuming, not cost efficient and results in delays in grants being awarded. 3.6 It is proposed that the grant scheme should continue to be administered by the Leisure and Communities Team, with all applications being checked against the Criteria. Instead of the application being considered by the Portfolio Holder, it is recommended that the decision to award is made by the Leisure and Community Services Manager. This award would then be counter authorised by the Assistant Director Commissioning and Technical Services.
Page 151 3.7 This decision would allow grants to be provided in a much more timely manner as decisions would not be subject to the Portfolio Cycle and the cut off dates for reports. 3.8 Within the delegated powers provided to the Assistant Director Commissioning and Technical Services will be authorisation to revise the Terms and Conditions to reflect the new arrangements. 4 Policy Framework 4.1 The Council has four corporate priorities which are: Sustainable; Healthy, safe and secure; Connected; and Creative 4.2 This report meets Healthy, Safe and Secure, corporate priority. 5 Consultation 5.1 No consultation has been undertaken in the preparation of this report. 6 Implications 6.1 Financial and Resources 6.1.1 Any decision to reduce or increase resources or alternatively increase income must be made within the context of the Council’s stated priorities, as set out in its Council Plan 2019-2023, as agreed at Council on 7 November 2019. There are no findings that directly impact on use of resources. 6.2 Legal 6.2.1 There are no legal issues relating to the recommendations of this report. 6.3 Human Resources 6.3.1 There are no Human Resources issues associated with this report. 6.4 Statutory Considerations Consideration: Details of any implications and proposed measures to address: Equality and Diversity There are no equality and diversity issues associated with this report. Health, Social The provision of leisure grants has a direct Environmental and benefit on the health and wellbeing of the Economic Impact individual or organisation. This will not be affected by the recommendations of this report Crime and Disorder There are no crime and disorder issues associated with this report. Children and There are no children or safeguarding issues Safeguarding associated with this report.
Page 152 6.5 Risk Management Risk Consequence Controls Required That there is insufficient Grants fund not used for Grants process monitoring of the award its intended purpose. managed in accordance process and grants with the agreed terms paid. and conditions of grant fund. Grants are not paid until the project is complete and evidence is provided by the applicant including submission of the Grant Claim form and accompanying invoices or receipts. Any decision will be Counter Authorised by the Assistant Director Commissioning and Technical Service 7 Other Options Considered 7.1 No other options have been considered 8 Reasons for the Decision/Recommendation 8.1 To make the decision making process for Leisure grants proportionate to the size of the grant being awarded and to improve the efficiency and speed with which these grants can be processed.
Tracking Information Governance Check Date Considered Chief Finance Officer (or Deputy) 20 November 2019 Monitoring Officer (or Deputy) 20 November 2019 Relevant Director 19 November 2019 Background Papers: Appendices: Contact Officer: Doug Huggon, Leisure and Community Services Manager Tel: 01768 212323
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