Countryside Council for Wales Low Impact Development – Planning Policy and Practice Final Report December 2002 University of the West of England Land Use Consultants Acknowledgements This research report was co-funded by the Countryside Council for Wales the Welsh Assembly Government and Pembrokeshire Coast National Park Authority. The steering group comprised Keith Davies (CCW), Linsday Roberts (NAW), Martina Dunne (PCNP) and John Matheson (NAW). We are also grateful for the considerable assistance given by all groups and individuals to our work, and particularly Simon Fairlie (Chapter 7), Angie Polkey (Permaculture Association), Murray Hunt (Matrix Chambers), the Federation of Low Impact Dwellers, the Ecovillages Network UK, and the builders and residents of each of the five case studies. This research was undertaken by the University of the West of England, led by James Shorten. The contribution of Land Use Consultants was led by Lyndis Cole. This is a research report. The conclusions and recommendations are those of the authors and do not necessarily reflect the views of Countryside Council for Wales the Welsh Assembly Government and Pembrokeshire Coast National Park. i Executive summary Introduction The aim of this study was to investigate the nature of Low Impact Development (LID) in Wales, its relationship with the planning system, and to consider whether planning policy or legislation should be changed to take account of LID. This study was concerned with LID in rural locations showing a direct link with the management of land. The term of LID can also be applied to urban areas but this was not within the scope of this study. The study involved: • a literature review • a review of planning policies in Wales and elsewhere in the UK relevant to LID • consultations within Wales • assessment of the Human Rights Act’s implications for LID • a questionnaire survey of Welsh LID residents • five Welsh LID case studies which were also subject to a detailed sustainability appraisal. The findings were then used to inform a thorough discussion of LID in the Welsh countryside leading to a definition of LID and detailed recommendations for planning policy and practice. Background The Welsh countryside is undergoing considerable change. Agricultural incomes have collapsed, holdings are being restructured, and agricultural policy increasingly seeks a more integrated future for farming. The Welsh rural population is growing slowly, but this masks an ageing of the rural population, and out-migration of the young. Lack of affordable housing is a growing problem in rural Wales. Sustainable development is now a key theme of Welsh policy. For planning its importance is summarised as: “The planning system has a fundamental role in delivering sustainable development in Wales…. In particular the planning system, through both UDPs and the development control process, must provide for homes, infrastructure, investment and jobs in a way which is consistent with sustainability principles.” (Planning Policy Wales 2002, 2.1.5) Low Impact Development LID was coined by Simon Fairlie1 in his book, Low Impact Development (1996) as: “development that, through its low negative environmental impact, either enhances or does not significantly diminish environmental quality.” This is a broad definition but Fairlie was mainly concerned with subsistence-based development in rural locations where residents drew many of their daily needs such 1 Simon Fairlie is one of the founding residents of Tinkers Bubble, Somerset, a high profile LID. He is also a former editor of the Ecologist. ii as food and energy from the site. Thus LID is usually integrally connected with land management and as much as describing physical development LID also describes a form of livelihood. Fairlie produced nine criteria for LID, which were updated to 15 criteria by The Land Is Ours in 1999. The criteria included integrated whole-site management and use, reversibility, minimised resource consumption, renewable resource use, on- site waste processing, and seeking an overall positive environmental impact. As such LID often draws on other activities. These include Permaculture, which is an approach to designing land uses, houses, communities and businesses as sustainable systems, eco-villages, and sustainable building technologies. There are a limited number of examples of existing LID in Britain including low impact communities such as Tinkers Bubble in Somerset, Lowland Crofting developments in Scotland, and more formalised developments such as the Hockerton Housing Project in Nottinghamshire. LID and planning Welsh national planning policy is very new (Planning Policy Wales 2002). It identifies nine principles and 18 objectives for sustainable development, which add up to a comprehensive set of requirements for the sustainability of new development. In addition to this emphasis on sustainable development its policy for rural areas seeks integrated support for rural communities, economies and environments. TAN 6 (2000) contains guidance for agricultural workers’ dwellings which is currently used to judge LID proposals in the countryside. The test for such development requires that it meets a functional test for needing to be present on the site for the proper management of the farm and a financial test of the enterprise’s viability. Welsh national planning policy does not directly address LID, but in Scotland national guidance identifies low impact development as an acceptable rural land use, to be addressed through development plan policies. In Wales and England there are a number of local planning policies addressing LID, including those covering Pembrokeshire, South Somerset and Milton Keynes. Individual planning applications for LID have, to date, usually been considered as applications for agricultural workers’ dwellings, and refused. Occasionally, though, applications have been recognised as different forms of development and approved. Tinkers Bubble is the most well known case and now has temporary planning permission incorporating a complex legal agreement. LID and Human Rights The main LID consideration arising from the Human Rights Act 1998 is enforcement action. The principal issue is whether interference with the rights of the LID residents is justified in terms of protecting the rights of the public. There are rigorous tests which authorities should consider before taking action. The balance of these two competing rights will vary from case to case. iii A further issue is whether addressing favouring LID in the open countryside would be unfairly discriminatory. So long as this different treatment was justified as serving legitimate aims, achieved by proportionate means, this is unlikely to present obstacles to policies for LID. Findings Views of LID in Wales Amongst the consultees understanding of LID in Wales varied considerably. Some organisations are unfamiliar with LID where as others understand it well. A key concern was that LID should be properly controlled. However it was recognised that LID could positively contribute to environmental sustainability, though its links to rural economies and communities were less clear. There was broad recognition of demand for LID, although opinion varied as to its scale and whether this was predominantly from incomers or Welsh people. The nature and extent of LID in Wales Through a questionnaire survey of all those living on LIDs in Wales, and those known to be interested in LID, a more detailed picture of the nature and extent of LID in Wales was captured. 40 questionnaires were returned covering 180 people on over 20 LIDs. Welsh LIDs vary considerably in size, and community / family structure. Together they show strong commitments to land and environmental management, and minimising environmental impact. Common features of LIDs were low environmental impact buildings and structures, food production, employment both on- and off-site, renewable energy use, reduced transport use, frequent training /education activities, and good community links. Roughly half of residents are Welsh, over half are welsh-speakers or learning Welsh. Arguments in favour of integrated site management and residence were common, as were strong environmental awareness and motivation. Case studies Five case studies were chosen to represent rural LID in Wales in a variety of situations. They were: Brithdir Mawr, Pembrokeshire Coast National Park – a 67 ha holding housing a community of 12 adults, seven teenagers and four children under 10. This LID contains a number of innovative buildings including a roundhouse which has been the subject of a recent planning appeal. Coed Hills, Vale of Glamorgan – a ‘Rural Artspace’ on a 73ha farm with eight residents. It includes residential accommodation, a café, studio and workshop / performance space, and holds regular arts events. The Roundhouse Project, Vale of Glamorgan – construction of a roundhouse to the rear of a 7ha nursery site with temporary planning permission which precludes residential use of the roundhouse. iv Tir Penrhos Isaf, Snowdonia National Park – a 2.8ha holding occupied by a single family in temporary accommodation and managed under Permaculture principles since 1986. Proposals for a dwelling were the subject of a recent planning appeal. Tir Sisial, Ceredigion – 17ha holding occupied by a single family in temporary accommodation. A woodland and nursery business is run from the site. Each case was visited and subject to a detailed sustainability appraisal covering economic, social and environmental