Ensuring Safe and Healthy Communities

DM 71

Protection of sporting,cultural and community provision

 

Core Strategy Policies

CS26 Supporting healthy living and the provision of health care facilities

CS27 Sport, recreation and community facilities

Replacement Local Plan Policy

CF/4 safeguarding of existing and proposed sites and buildings

Policy Intentions:

Protect existing and planned community facilities from alternative development where a community use is still viable, unless it involves the provision of a suitable replacement facility.

Background

This policy carries forward Policy CF/4 of the Replacement Local Plan.

Land or buildings will fall within the definition of this policy if they are a cultural or community leisure facility (whether or not provided on a commercial basis) and which fall within use class D1 and D2, such as libraries, arts and entertainment facilities (such as museums and cinemas), public and private open space and other outdoor or indoor sports facilities, youth centres, places of worship, schools, health care facilities, cemeteries and allotments. It also includes pubs which fall within class A4, but excludes other A4 uses. Utilities and telecommunications infrastructure are also included. This definition also includes land or buildings listed as community "community assets" in accordance with the Assets of community value (England) Regulations 2012. 

Policy DM 71: Protection of sporting, cultural and community provision

DM71 sporting etc

Land and buildings in existing use for, or last used for, or proposed for use for a sporting, cultural or community facility, are protected for that purpose unless the land is allocated for another purpose in this or other adopted plan.

Development of such sites or buildings for other uses will only be permitted if one of the following applies:

  • where acceptable alternative provision of at least equivalent community benefit is made available in the same vicinity and capable of serving the same catchment area. In such cases, all of the following criteria must be met:

a) the new site is at least as accessible to pedestrians, cyclists and motor vehicles;

b) the replacement facility is at least equivalent in terms of size, usefulness, attractiveness and quality to the facility it replaces; and

c) in the case of a replacement for an existing facility, the replacement will be available for use before use of the existing facility is lost.

  • where the site or building is genuinely redundant/surplus to requirements for cultural/community uses and does not comprise open space or undeveloped land with recreational or amenity value. A site will be deemed genuinely redundant/surplus for community uses if any of the following circumstances apply:

a) the site is in an unsuitable location for alternative community use by reason of its distance from the local population or poor accessibility for non-car users;

b) the space is unsuitable for appropriate alternative community use, bearing in mind the possibilities for subdividing vertically and horizontally and opportunities for shared and mixed uses, and it is not feasible or appropriate to redevelop the site for community use;

c) evidence is submitted that demonstrates, to the satisfaction of the local planning authority, that attempts to rent/dispose of the property for community uses have failed (attempts being for at least 6 months, at normal market value for such uses). In addition, if the local planning authority considers it appropriate, a business plan shall be produced identifying the extent and combination of usage and charges necessary to make the facility profitable; and

d) the local planning authority, through consultation with relevant council departments, town/parish councils, service providers and voluntary groups, etc. is satisfied that there is no demand for any form of community facility in the vicinity.

  • where the development of a small area will secure the retention and improvement of the remainder of the site for community use;
  • where proposals relate to the intensification of community use; and
  • in the case of school playing fields, where the development is for education purposes or the Department for Education is satisfied that the land is no longer required for school use and its loss would not result in a continuing shortfall in recreational open space/playing pitches for the local community.

The proposed sites for community facilities are listed in Schedule 4, proposed sites for community provision, and shown on the Proposal Map.

DM 72

Location of sporting, cultural and community facilities

Core Strategy Policies

CS31 Clevedon, Nailsea and Portishead

CS32 Service villages

CS33 Infill villages and countryside

CS26 Supporting healthy living and the provision of health care facilities

CS27 Sport, recreation and community facilities

Replacement Local Plan Policies

CF/2 Cultural and community facilities within settlement boundaries

CF/3 Cultural and community facilities in the Countryside

Policy Intention:

  • Ensuring accessible and sustainably located facilities.

 

Background

This policy carries forward the approach in the Replacement Local Plan and has also been updated to reflect the importance of sustainable development set out in the NPPF.

The definition of sporting, cultural and community facilities is that set out in policy DM 71 (Protection of sporting, cultural and community provision). 

Policy DM 72: Location of sporting, cultural and community facilities

DM72 community facilityProposals for sporting, cultural or community facilities will be permitted provided:
  • the site is well related to the community it is intended to serve.
  • the possibility of sharing the use of existing facilities has been considered and shown to be impractical;
  • the site is in a sustainable location, genuinely accessible by a choice of transport modes and to those with impaired mobility;
  • the layout and design include features to facilitate combining other community needs within the same site unless this is agreed to be inappropriate;
  • where the need for community facilities cannot be met within the settlement boundary consideration will be given to sites outside provided the above criteria are met; and
  • in the case of proposals for major developments that will attract a large number of users, applicants must demonstrate that a sequential test has been applied, giving priority to sites within town or district centres, or failing this, sites on the edge of these centres. Proposals for out-of-centre sites will only be acceptable where the above criteria are met and there is no adverse effect on the vitality and viability of the relevant centres.

DM 73

Local Green Space

 

Core Strategy Policies

CS26 Supporting healthy living and the provision of health care facilities

CS27 Sport, Recreation and Community Facilities

Replacement Local Plan Policy

CF/4 safeguarding of existing and proposed sites and buildings

Policy Intention:

  • To protect identified areas of Local Green Space.

Background

The Local Green Space (LGS) designation is a new designation introduced by the NPPF. The NPPF states (paragraph 77) that LGS should only be used where the green space is in reasonably close proximity to the community it serves, is demonstrably special to the local community, holds a particular local significance for example because of its beauty, historic significance, recreational value, tranquillity or richness of its wildlife, and is not an extensive tract of land. The policy for managing development should be consistent with the policy for Green Belts.

Many of the amenity areas currently identified and protected in the adopted North Somerset Replacement Local Plan will be re-designated and protected as LGS, and others would be likely to be covered by the proposed policy DM 74 (Undesignated green space) or Policy DM 71 (Protection of sporting, cultural and community provision). Therefore it is proposed that the amenity area designation be superseded by these policies.

 DM73 local green spacePolicy DM 73: Local Green Space

Planning permission will not be granted except in very special circumstances for development affecting a designated Local Green Space as shown on the Proposals Map and set out in Schedule 5, particularly regarding the characteristics making it special and of significance to the local community, such as its beauty, historic importance, recreational value, tranquillity or richness of wildlife.

A separate evidence paper has been produced setting out the context for Local Green Space . The document can be viewed here.

DM 74

Undesignated green space

 

Core Strategy Policies

CS26 Supporting healthy living and the provision of health care facilities

CS27 Sport, Recreation and Community Facilities

Replacement Local Plan Policy

CF/4 Safeguarding of existing and proposed sites and buildings

Policy intentions

  • To meet the need to protect areas of green space within settlements which are not designated as Local Green Space but which are nevertheless of value, notably with regard to their contribution to the townscape, character, setting and visual attractiveness of the settlement.

Background

Protection of green spaces which are of value as described above is consistent with the NPPF paragraph 7 which supports the protection and enhancement of the natural and built environment. It is also consistent with Core Strategy policy CS9 on green infrastructure.

This policy will apply to areas of undesignated green space (those not designated as Local Green Space) within settlements with defined settlement limits which are considered nevertheless to be of value in making a significant contribution to the townscape, character, setting and visual attractiveness of the settlement. Townscape is a term embracing a number of factors, such as the importance of green space in the street scene, in breaking up and adding variety within the urban fabric and in enhancing the setting of buildings and other features. 

Policy DM 74: Undesignated green space

Within settlements planning permission will not be granted for development that unacceptably affects the value of undesignated green space making a worthwhile contribution to the townscape, character, setting and visual attractiveness of the settlement.