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ITEM 1 PREPARATION OF DRAFT DEVELOPMENT BRIEF LAND AT SHIPLEY LAKESIDE, SHIPLEY 1 Executive Summary 1.1 At the meeting of the Planning Board on 7 February 2011, a draft development brief for

the Shipley Lakeside site was approved as a basis for public consultation. 1.2 This development brief will provide a vision for future use of the Shipley lakeside site

and provide a framework against which detailed development proposals can be considered, to ensure an efficient pattern of land use and sustainable development, which does not detract from the openness of the Green Belt and the character of the locality.

1.3 Public consultation on the draft brief took place with all key consultees and

stakeholders for eight weeks from 11 February 2011 to 8 April. This included individually notifying neighbouring properties and making the draft brief available for inspection in the Town Hall, Ripley, Heanor library and Heanor cash office. The draft brief was also made available on the Borough Council's web site.

1.4 A summary of the representations on the draft brief and proposed responses are set

out at Appendix A to this report and a proposed final version of the brief are set out at Appendix B.

RECOMMENDATIONS 1. That a number of changes are made to the draft development brief, as set out at

Appendix A, in response to the representations received. 2. That a final version of the development brief, set out at Appendix B and incorporating the

changes set out at Appendix A, be adopted as Council policy as a material consideration in determination of planning applications in respect of land at Shipley Lakeside, Shipley.

Background papers used in preparing this report

1. Email received from W Rollinson 3 March 2011 2. Email received from Jim Steele 13 April 2011 3. Email received from the Theatre's Trust 8 April 2011 4. Email received from Leonie George 8 April 2011 5. Email received from Roger Mitchell 7 April 2011 6. Letter received from Severn Trent Water Ltd. 11 April 2011 7. Email received from Mapperley Parish Council 11 April 2011 8. Email received from J&L Cooper 8 April 2011 9. Email received from Erewash Borough Council 8 April 2011 10. Letter received from Derbyshire Wildlife Trust 8 April 2011

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11. Letter received from Shipley Hall Cricket Club 7 April 2011 12. Letter received from Richard Spowage 7 April 2011 13. Letter received from Y Bolton 6 April 2011 14. Email received from Coal Authority 22 March 2011 15. Email received from Geoff Gration 30 March 2011 16. Email received from Matt Wright 29 March 2011 17. Email received from English Heritage 14 March 2011 18. Letter received from Shipley Parish Council 29 March 2011 19. Email received from Derbyshire constabulary 5 April 2011 20. Email received from Joe Henshaw 4 April 2011 21. Letter received from Shipley View Residents Association 31 March 2011 22. Letter received from Mrs M Mcreary 29 March 2011 23. Letter received from Ian Duffield 22 March 2011 24. Letter received from Rod Haycock 24 March 2011 25. Letter received from Waystone Ltd. 23 March 2011 26. Email received from Julia Riddick 17 March 2011 27. Email received from Morston Assets 11 March 2011 28. Letter received from Jade Webster 15 March 2011 29. Letter received from Environment Agency 14 March 2011 30. Letter received from Sheila Harvey 10 March 2011 31. Email received from Paul Taylor 28 February 2011 32. Email received from Albert Horridge 23 February 2011 33. Email received from Ronald Heyman 22 February 2011 34. Email received from Elder & Twells 18 February 2011 35. Letter received from S. Brealas 26 January 2011 36. Letter received from Derbyshire County Council 10 June 2011 37. Email received from Councillor James Dawson and Councillor Val Custance,

ward members for Abbotsford, Erewash Borough Council 4 July 2011 APPENDIX A The following statement sets out a summary of the representations received, and the Council's response to these representations. A total of 35 representations were received plus 48 representations from local school students attending Mundy C of E VC Junior School. LOCAL RESIDENTS

1. The site should be joined up with the wider Shipley Country Park. 2. The site would be a more suitable location for Shipley Country Park visitors centre. 3. One respondent stated that the site should go back to being a theme park. 4. There has been support to develop the site into a development similar to the one

that can be seen at Carsington Water in Ashbourne, Derbyshire. Many of the residents are of the view that it would be beneficial for local people and especially the local schools.

5. Care should be taken with any development e.g. housing, hotels and retirement village would not detract from the openness of the Green Belt.

6. Housing should not be developed on the site due to large amounts of housing already standing empty.

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7. One respondent would like to see mixed-use development including a range of different house types.

8. A large number of respondents stated that the site should be used as a local nature reserve.

9. The lake should only be partially disturbed if the site is going to be used for water activities. There should also be no circular walk around the lake in order to allow a conservation area for the local wildlife, if there is going to be a path way around the lake then the route should be guided away from the lake and fenced off.

10. Concerns over large volumes of traffic entering the site. 11. Concerns over the amount of cars that already park on Pit Lane which would

increase if there were to be any further development within the area. 12. The need for better public transport links in order to access the site. 13. Due to the brief not stating or prescribing the type, scale of development expected

on the site respondents have found it hard to assess the potential impact of any new development.

14. The wording of the draft brief should be amended to require that any redevelopment proposals must provide for public access to the lake.

Response

1-4.These forms of development would be in accordance with the draft brief and the draft brief does not therefore need to be changed to support these ideas.

5. The brief and the saved Local Plan policy for this site already require any development to not detract from the existing openness of the Green Belt by, for example, no buildings exceeding the general height of existing structures and buildings. The draft brief also requires a visual impact assessment to be undertaken to accompany any planning applications for development on the site.

6. Any housing on the site would require very special circumstances to be demonstrated as this would not be in accordance with national and saved Local Plan policies relating to the Green Belt and new housing development in the countryside. The draft development brief can be amended to clarify the Council's position regarding any future housing development proposals on the site.

7. The draft development brief supports mixed use development, but if this includes any housing it would require very special circumstances to be demonstrated as this would not be in accordance with national and saved Local Plan policies relating to the Green Belt and new housing development in the countryside.

8. Using the site as a local nature reserve would be in accordance with the draft development brief.

9. A balance should be struck regarding the desirability of using the lake for water activities and protecting wildlife. This is a detailed matter for consideration when any planning application is received.

10-11. The draft brief already requires any development proposals to include measures to reduce the amount of vehicular traffic using the site.

12. The draft brief already requires development proposals to incorporate a range of measures to maximize the potential for journeys to and from the Brief site to be made by means other than the car.

13. The saved Local Plan policy for this site already supports a wide range of potential uses on the site and a development brief cannot go beyond what is in this existing policy by being overly prescriptive regarding what development should be permitted on the site.

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14. The wording of the draft brief can be amended to require that any redevelopment proposals must provide for public access to the lake.

MAPPERLEY PARISH COUNCIL

1. The redundant land should follow the following principles, leisure facilities, recreational, conservation and facilities that will create no extra noise.

2. Strongly oppose any increased use of vehicles on Slack Lane, the Parish Council is of the view that one access to the site is not ideal but adequate subject to the improvements and that any other means of access would require a transport assessment.

3. Due to the topography of the land any development would have a great impact on the openness of the Green Belt.

4. Mapperley Parish Council is supportive of the opportunity for the lake to be used for thermal heating development.

5. It is considered a hotel, housing or retirement village would detract from the openness of the Green Belt.

6. The development and design principles are idealistic.

Response

1. The draft development brief supports leisure facilities, recreational, conservation and facilities that will create no extra noise. It specifically refers to the need for any development proposals to be accompanied by a noise assessment.

2. The draft brief already requires any development proposals to include measures to reduce the amount of vehicular traffic using the site. It also states that any development proposals will also need to investigate the impact the development will have on additional traffic movements on the surrounding road network. The draft development brief already states that if any additional means of accessing the Brief site are required, this would have to be investigated as part of a Transport Assessment to accompany any planning application.

3-5. The draft brief and the saved Local Plan policy for this site already require any development to not detract from the existing openness of the Green Belt by, for example, no buildings exceeding the general height of existing structures and buildings. The draft brief also requires a visual impact assessment to be undertaken to accompany any planning applications for development on the site.

4. This comment is noted. 6. It is not accepted that the development and design principles are idealistic.

SHIPLEY PARISH COUNCIL

1. The following uses for the site are viewed as acceptable

• Leisure facilities

• Free access to the lake for the general public

• Very light industrial uses

• Educational facilities

2. The following uses have been viewed as unacceptable

• Health care facilities

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• Sites for travellers

• Uses that would create heavy good vehicles

• Housing

• Development outside perimeter of the lake Response

1. The draft development brief supports such uses. 2. The draft development brief and the saved Local Plan policy for this site do

not support these uses, unless very special circumstances can be demonstrated. There may be some scope, however, for small scale health care facilities to be provided if required.

SHIPLEY HALL CRICKET CLUB

1. It is accepted that one access is not ideal but an excessive number of access

points to the site should be avoided. 2. Several major landscape habitats have become established which should be

protected. 3. The opportunities offered by the plan are supported and a themed business

park might provide a suitable option. 4. Cyclists, horse riders and walkers should continue to enjoy the peaceful

atmosphere of the area. Response

1. Any additional access points to the site would have to be justified as part of a

Transport Assessment to accompany any planning application. This is already stated in the draft development brief.

2. The draft development brief can be amended to emphasise more the need to protect and enhance existing habitats.

3. This comment is noted. 4. The brief already emphasises the need to protect existing footpaths, cycle

ways and bridleways. EREWASH BOROUGH COUNCIL

1. It is hard to reconcile new development with the briefs aim of ‘sustainable

development, which does not detract from the openness of the Green Belt and the character of the locality’.

2. Greater clarity needs to be provided in the type of land uses for the site as this would give greater certainty to prospective developers and surrounding communities.

3. The fact that the brief states that the site offers the opportunity to develop high quality mixed use waterside development, including business, leisure, recreation, education and health uses is welcomed.

4. It is of concern that housing development on this site is not being implicitly ruled out, given the location of the site that the local infrastructure would be unable to cope with large scale housing or employment development in this location.

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Response

1. This comment is noted. 2. It is considered that the draft development brief should not be any more specific

regarding future land uses for the site, as this would be overly prescriptive and go beyond what is contained in saved Local Plan policy EN3.

3. This comment is noted. 4. The draft development brief can be amended to clarify the Council's position

regarding any future housing development proposals on the site. ENGLISH HERITAGE

1. The protection of the setting of Home Farm is important, as it forms one of a group of seven Grade II*, Grade II listed and other unlisted buildings associated with the model farm and park of the demolished Shipley Hall.

2. The list of policies on page 6 needs to be corrected from PPS15 to PPS5 and policies HE8 and HE10 regarding the setting of Heritage Assets are particularly relevant.

Response

1. The protection of the setting of existing listed buildings is already identified as a constraint in the draft development brief.

2. The draft development brief can be amended to make this correction. ENVIRONMENT AGENCY

1. The opening of the lake to fishing is supported as a water based activity. Developers are encouraged to work with the Environment Agency to create a sustainable fishery.

2. The re-development of the site presents the opportunity for the creation of biodiversity features as part of good design so a final proposal should entail wildlife friendly features at the landscape scale. Developers should base biodiversity interest on the RTPI five point approach contained within the practice guide, which accompanies PPS9 (Biodiversity and Geological Conservation).

3. The importance of Environmental Sustainability, as the construction phase requires land – take and, therefore soil loss. Runoff from paved areas has the potential to contaminate soil, and pollution of soil from accidental spillages is possible. A detailed site waste management plan should be submitted and the necessary pollution prevention control measures put in place.

4. The site is located in Flood Zone 3a. Therefore a flood risk assessment will need to be submitted.

5. The site lies on an aquifer, which have, significance to local domestic, agricultural and industrial users. They may also be important in contributing to the base –flow of streams and rivers and potable water supplies. The former activities of the site may have had the potential to contaminate the site, following guidance within PPS23 the local authority should expect the submission of a desk top study.

6. The document mentions that mine water-pumping sites pass through the site. These pipes will need to be considered during any development of the site.

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Response

These comments are noted and the draft development brief can be amended to emphasise the need for a flood risk assessment to be submitted with any planning applications for development on the site.

DERBYSHIRE WILDLIFE TRUST

1. Any landscaping with the need for any external lighting needs to take account of the potential impacts on nocturnal species including bats and owls.

2. Biodiversity and habitats should be added on to this list under design principles (pg10), as by enhancing these development will provide opportunities for the public to benefit from enhanced recreational opportunities and a healthy attractive environment.

3. The emphasis on not detracting from the surrounding environment is welcomed. However, there is a huge potential on the site for development, which enhances the environment, providing new and improved habitats for wildlife and an attractive natural setting for sensitive development and public recreation. Any water based activities for example boating will need to be carefully assessed for the potential ecological value of the lake and therefore would object to any motor boating activities.

4. Within section 4.6 the proximity to the Nature Reserve needs to be mentioned, as does the possible presence of protected species, the use of the lake by birds and the potential presence of habitats and species of conservation importance.

5. No objections are raised to the opening up of the lakeside to pedestrians, cycling and horse riders. However, it is vital that this access is planned and managed in such a way as to avoid any negative impacts on wildlife, particularly birds. A full assessment should be carried out on the pattern of use by the birds in order to determine the level of access to the lake.

6. The Wildlife Trust has identified the Erewash Valley as one of its priority Living Landscape Areas. The vision of the Trust is to create a network of ecologically functioning habitats in this area, which provides a haven for wildlife, enjoyment for people and a sustainable contribution to the local economy. This will also allow the natural environment to adapt and species to move and spread in response to climate change.

7. The reference to the botanical gardens is welcomed. However, it is felt that the site

is of substantial interest for invertebrates. Surveys have shown the presence of a high diversity of species including some nationally and regionally notable ones. Consideration also needs to be given to the known value of the lake for birds in particular wintering wildfowl and passage waders. There is also a strong possibility that water voles may be present due to being recorded on adjoining watercourses. The Wildlife Trust therefore suggest that the last sentence section 3 page 5 should be amended to ‘ As a result it will be necessary for development proposals to include a full assessment of the biodiversity value of the site and the extent and magnitude of any potential negative impacts. Details must be provided of how these impacts will be avoided or mitigated against, and how the site is to be designed and managed to enhance the biodiversity value. This must give particular consideration to the need to complement, link and extend the network of habitats present in the adjacent Country Park and Nature Reserve'.

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Response

1-7. The draft development brief can be amended to emphasise these matters and make the suggested amendments.

SEVERN TRENT WATER LTD. Have no objection to the contents of the draft development brief. COAL AUTHORITY

1. Shipley Lakeside Area is affected by a wide range of issues resulting from the legacy of coal mining activities. It is therefore important that new development proposals take account of these issues and, where necessary, incorporate appropriate mitigation measures.

2. PPG14 (Development on Unstable Land) should be added to the list of relevant national policies on page 6 of the Development Brief.

3. The following text should be included within section 4.6 (Development Constraints, pg10) “The legacy of former coal mining activities, which could lead to land instability other public safety issues. These issues will therefore need to be taken account and addressed within new development proposals”.

Response

1-3. The draft development brief can be amended to emphasise these matters and make the suggested amendments.

SHIPLEY VIEW RESIDENTS ASSOCIATION, ENDORSED BY WARD MEMBERS FOR ABBOTSFORD, EREWASH BOROUGH COUNCIL

1. The site should be utilised for leisure and relaxation facilities for all ages. 2. New development should have height and noise restrictions 3. The current infrastructure gives adequate access to the site via Pit Lane,

Nutbrook Lane and various bridle and footpaths that cross the Shipley Country Park. Therefore, the addition to or alteration of the current means of access and exit points should not be considered.

Response

1. The draft development brief already emphasises the importance of providing access to facilities for all sectors of the community.

2. The draft development brief already emphasises the importance of the height of proposed buildings needing to take account of the sites location in the Green Belt and the need for any buildings to not exceed the height of existing structures and buildings. It also already emphasises the need for any development proposals to demonstrate that they will have adverse impacts on the surrounding area and states that any proposals will need to be accompanied by a noise assessment.

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3. Any additional access points or alteration of existing access points to the site would have to be justified as part of a Transport Assessment to accompany any planning application.

WAYSTONE LTD.

1. The principles of the development brief are supported. 2. There is the opportunity to develop a high quality mixed use waterside development. 3. It is noted that large scale B8 uses would not be considered acceptable. However, it

is supported that the brief does envisage some flexibility around this issue in allowing elements of B8 use as part of B1/B8 proposals.

Response

1-3. These comments are noted. CRIME PREVENTION DESIGN ADVISOR, DERBYSHIRE CONSTABULARY

1. It is considered that the biggest challenge for the site is its isolated location and lack of connection to the wider environment. In this respect any major development, which generates greater activity, movement and ownership, should be of benefit as long as the activity is sympathetic to the scale of development. The potential pedestrian access points into the site from the surrounding country park are accepted with the provision of a reasonably open aspect. With wide routes avoiding or removing potential nearby hiding places and the locating of key development near to the transition between the two environments. If there is a more permeable site boundary the security and protection of individual building, open water and car/caravan parking will need careful consideration and appropriate provision.

Response

1. These comments are noted. DERBYSHIRE COUNTY COUNCIL Consultations Local County Council Member Councillor Kevin Parkinson was consulted and commented as follows: "As local member I strongly support Waystone Ltd as DCC's preferred developer for Shipley Lakeside. Their regeneration heritage will be an asset for this well adopted community destination. Shipley is a Green Lung, preventing the Boroughs of Amber Valley and Erewash, and the Market Towns of Heanor and Ilkeston, merging, preventing urban sprawl. The Lakeside site remains today a regular attraction for local people and visitors from the neighbouring County Country Park. Many daily visitors walk, run and cycle around the area,

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with fishing being in high demand on the lake, making the area a hive for leisure and recreation activity. The community and I would like to secure free and open access across the site in any future development. With many local jobs lost from the closure of the former theme park, it is important that the site delivers strong employment opportunities, from a diverse range of sectors, across the intermediate and professional skill base. Sustainable retail, whilst of some value, must not be of a scale to present any further decline in either Heanor or Ilkeston. Equally any heavy industry including logistics is neither appropriate for the site and local infrastructure, nor fitting with the surrounding area. It is my opinion that any housing development is inappropriate for Shipley Lakeside, given the need to protect Shipley's Green Lung and the need to protect free and open access, for the community to continue its leisure and recreational uses of the site. I believe private residences on Shipley Lakeside would both set a precedent for more housing in the future, conflicting with a community asset, and losing the important ability of preventing urban sprawl. I, therefore, oppose housing development. However, I would support health and social care residential development and temporary accommodation to support any commerce on the site, providing there is no community access reduction. Developments that supplement the rich diversity of the adopted leisure and recreational activity and other uses which generate strong employment opportunities, whilst protecting the Green Belt and limiting local impact on the existing infrastructure, are welcomed." Response These comments are noted and the draft development brief as written supports such aspirations. The draft development brief can be amended to clarify the Council's position regarding any future housing development proposals on the site. County Council Technical Officer Comments 2 Historical Background Reference should be made in this section to the existing planning permission for the site. 3 Policy Framework 3.1 Planning Policies It is suggested that this section refers to other relevant policies in the East Midlands Regional Plan and an accompanying appendix be added that includes, for example: Policy No. Title

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Policy 2 Promoting Better Design Policy 3 Distribution of New Development (particularly 3(d)) Policy 12 Development in the Three Cities Sub-Area Policy 19 Regional Priorities for Regeneration Policy 26 Protecting and Enhancing the Region’s Natural and Cultural Heritage Policy 28 Regional Priorities for Environmental and Green Infrastructure Policy 41 Regional Priorities for Culture, Sport and Recreation Policy 42 Regional Priorities for Tourism Policy 43 Regional Transport Objectives Policy 44 Sub-Area Transport Objectives: Three Cities Sub-Area Policy 52 Regional Priorities for Integrating Public Transport Policy Three Cities SRS2 Priorities for Green Belt Areas Policy Three Cities SRS 4 Employment Land Section 3.1 also needs to include reference to the policy aim to conserve and enhance the environment, including landscape, in line with the European Convention. The main thrust of the European Convention is ‘All Landscapes Matter’; it aims to encourage public authorities to adopt holistic policies and measures at local, regional and international level for protecting, managing and planning landscapes. Whilst Appendix B in the Draft Brief includes Policy EN7 Landscape Character, a relevant saved policy of Amber Valley Borough Council’s Local Plan, there is no reference to it in the draft Development Brief itself. It is requested that the Brief includes a new section 3.2 entitled Derbyshire Local Transport Plan. 4 Site Considerations The following comments on section 4, pages 6 to 12, relate to visual impact and landscape character with recommended text edits given in italics. Section 4.1 The site and its surroundings should also refer to the outer setting, including the land sold to Derbyshire Wildlife Trust for nature conservation purposes, as mentioned in the report. Section 4.3 Landscape should firstly outline the landscape context and the setting for the site. This can be done by including a reference to landscape character at the national and district level as outlined below. Landscape Character The site and surrounding area lie within the Nottinghamshire, Derbyshire and Yorkshire Coalfield National Joint Character area which has been further sub-divided by the Derbyshire County Council document ‘The Landscape Character of Derbyshire’ into the Coalfield Estatelands Landscape character type. This is “a heavily industrialised landscape characterised by many mining settlements, parkland, woodland and dairy farming”. The land beyond the boundary of the former Theme Park

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This consists of former open cast land which has been restored to various after uses – agriculture, woodland with multi-user trails and parkland. There are also parcels of land which were not open cast and there are three ancient woodlands directly north, west and east of the site. This whole area is managed under the umbrella of the County Council’s Shipley Country Park. Landscape character can guide and inform decisions such as appropriate tree and shrub planting to form a framework within which more amenity type planting could be carried out. Section 4.5 Development Opportunities needs to include at the end of the fourth criterion:

• The potential to create an attractive environment including the enhancement of landscape character.

4.6 Development Constraints An internal County Council consultation concerning this site in 2007 identified that ‘the existing lake could be significantly improved in conservation terms by shelving lake side's for the establishment of marginal vegetation. Reshaping could also reduce the artificiality of the lake and improve it as a landscape feature’. Engineering work to improve topography could be an opportunity to improve the lake side and the landscape of the site. 4 Development and Design Principles Design Principles Visual and landscape character, fundamental to good quality design, should be added to the criteria in this section:

• Visual Impact and Landscape proposals Character The additional wording is suggested relating to the Brief site’s surrounding landscape character and setting: The development should consider its visual impact on the surrounding area and its associated design, including landscaping, should mitigate any adverse visual impacts on Shipley Country Park and surrounding area. Whilst creating a unique opportunity, the landscaping should also be appropriate to and enhance local landscape character of the wider Coalfield Estatelands and the parkland setting of the Country Park. Building Heights It is recommended that the following wording is inserted after the first paragraph: This may provide an opportunity to improve the general topography of the site including reshaping the lake margins, creating shelving margins for the establishment of marginal

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vegetation and improve its conservation value. This could potentially reduce the artificial nature of the lake and improve it as a landscape feature. Landscaping The Draft Brief should make the link between ‘landscape’ and the ‘character’ section with fundamental principles on which to base any landscaping proposals. The opening to this could be: ‘The landscape character of the area and setting of the site need to inform the character of the development and the associated landscape proposals for the site’. The following comments on section 4, page 13, relate to highway issues.

Transport The statement that “Any proposals will also need to investigate the impact the development will have on additional traffic movements on the surrounding road network” should be amended to: Any proposals will also need to be accompanied by a Transportation Assessment and set out how sustainable access to the site can be achieved. Further advice can be found from the Department for Transport's Transportation Assessment Guidelines, a copy of which can be seen via the following link: http://www.dft.gov.uk/pgr/regional/transportassessments/guidanceonta Whilst individual travel plans are likely to be required for individual developments, an overall site-wide framework travel plan would be required to co-ordinate all the individual travel plans. The A6007 has a poor collision history. It is one of the roads in the Regional Fatal 4 campaign, and is a speed camera route. Whilst this is early days in the development process, due regard should be paid to the collision history and the opportunity be taken, if possible, to improve the road and reduce collisions. Response The draft development brief can be amended to emphasise these matters and make the suggested amendments. Meeting of County Council Cabinet Member - Leadership and Culture Purpose of the Brief Whilst Section 1 explains that the Draft Brief's purpose is to set out a clear vision for and provide certainty about the future use and development of the site, the following sections appear somewhat ambiguous. Reference is made in Section 2, Historical Background, to the opportunity that the site offers "to develop a high quality mixed use waterside development, including business, leisure, recreation, education and health uses." In Section 4, Preferred Land Uses, the Draft Brief states that "There are no prescribed land uses for development at

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Shipley Lakeside. There is therefore the opportunity for a wide range of uses within the Brief site." Large scale, major industrial or storage uses, however, are not considered acceptable. Policy Framework Section 3, Planning Policies, should refer to the emerging Amber Valley Core Strategy process and AVBC's intention to publish a Core Strategy Submission Draft in early 2012. It will provide an important planning policy context for any future development proposals on the site. Section 3 should also include reference to other relevant regional plan policies and to the Derbyshire Local Transport Plan. Page 6 of the Draft Brief refers to AVBC's Strategic Flood Risk Assessment, which identified Shipley Lakeside as being within Flood Zone 3a. This constraint and its implications for the location, function and design of future development within the site needs to be included in Section 4, "Site Considerations" (Development Constraints), in Development and Design Principles and shown in Appendix D. Site Considerations Section 4.1, The site and its surroundings, should be updated to include reference to the recent sale of County Council land to Derbyshire Wildlife Trust for nature conservation purposes. This land provides a natural outer setting to the Brief site together with Shipley Country Park. Preferred Land Uses This section is crucial to the Draft Brief and clarification and expansion would be helpful regarding the types of uses which would and would not be acceptable in principle. It should include further guidance on the sentiments expressed in Section 2 that the site "offers the opportunity to develop a high quality mixed use waterside development, including business, leisure, recreation, education and health uses". The Draft Brief states that 'There are no prescribed land uses for development at Shipley Lakeside. There is therefore the opportunity for a wide range of uses within the Brief site'. The guidance that large scale, major industrial or storage uses are not considered acceptable needs to be augmented by also referring to the unsuitability of major retail development. Such development is likely to have the potential for significant harmful impacts on the vitality and viability of the nearby town centres of Heanor and Ilkeston and, depending on the scale, possibly further afield such as Ripley and Eastwood. Conversely, the Lakeside setting of the Brief site gives scope for development and leisure, particularly water based, to be acceptable in principle. Other built forms of development, such as business use or educational, health and residential institutions (e.g. social care or extra care community facilities) could be acceptable subject to being of a scale that does not undermine the openness of the site. It is desirable that the site delivers employment opportunities. Any retail use should be strictly ancillary to the main use of the site. Whilst the above comments suggest that the Draft Brief should be more prescriptive, AVBC will no doubt wish to leave some flexibility so as to encourage imaginative schemes from developers that take into account current and emerging planning policy and the Brief site's

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importance in terms of prevention of urban coalescence and the potential to provide an additional local amenity. Whilst no specific mention is made of residential use, it is not ruled out and so it seems reasonable to infer that the normal presumption against general residential development in the Green Belt is tempered by the designation of the site as a "major developed site" within it (Local Plan Policy EN3). AVBC is therefore invited to clarify whether some degree of housing may be permitted to assist in ensuring that the comprehensive redevelopment of this site overall is viable and subject to this and other forms of potential development being in accordance with national, regional (currently) and local plan policies and guidance. The issue of the future development options for the Brief site is also of an interest to Derbyshire County Council as a land owner which wishes to sell the site. Public Open Space Under this heading, page 11 refers to the lake and states that any redevelopment proposals should encourage public access to and use of this feature. The Draft Brief also recognises that other areas of open space and green linkages to the lake need to be established. With its location adjacent to the County Council's Shipley Country Park, the Draft Brief's encouragement of public access is therefore welcomed. The reference should be strengthened by including mention of the County Council's East Derbyshire Greenway Strategy. Landscape Issues On page 3, the section entitled "Planning Policies" should include the aim to conserve and enhance the environment, including landscape. Highway Issues Any development proposals will need to be accompanied by a Transportation Assessment and set out how sustainable access to the site can be achieved. A site-wide framework travel plan will also be required. The A6007 has a poor vehicle collision history and the opportunity should be taken, if possible, to improve the road and reduce collisions. AVBC may like to consider whether the Draft Brief should refer to the current outstanding planning application to extend the existing Lodge House opencast mining site to the west of the Brief site. Response The draft development brief can be amended to emphasise these matters and make the suggested amendments, including clarification regarding the Council's position regarding any future housing development proposals on the site. However, it is considered that the draft development brief should not be any more specific regarding future land uses for the site, as this would be overly prescriptive and go beyond what is contained in saved Local Plan policy EN3.

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APPENDIX B

AMBER VALLEY BOROUGH LOCAL PLAN

SUPPLEMENTARY PLANNING GUIDANCE

DRAFT DEVELOPMENT BRIEF SHIPLEY LAKESIDE

FEBRUARY July 2011

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1 Setting The Scene 1.1 Purpose Of The Brief

The purpose of a development brief for this site is to:-

• set out clearly the Borough Council’s vision for the future use and development of land within the Brief site

• give greater certainty to existing landowners, prospective developers, the Borough Council and the local community as to an appropriate form and scale of development within the Brief site

• support established planning policies for the Brief site, by providing more detailed guidance against which specific development proposals can be considered

• provide a focus for public involvement in the development of the Brief site, prior to

the consideration of any detailed planning applications

1.2 Need For The Brief A development brief for this Brief site will provide a framework against which detailed development proposals can be considered, to ensure an efficient pattern of land use and sustainable development which does not detract from the openness of the Green Belt and the character of the locality. 2 Historical Background

In June 1987, the American Adventure Theme Park was opened. In January 2007 the theme park closed, leaving behind a legacy of rides, shops and built development. The Brief site is 112 acres in size, comprising of 81 acres of land and a lake covering 31 acres. In recent years, the area has been subjected to a major clearance scheme, which has seen the demolition of all the theme park rides, and associated buildings. The Brief site has vacant since its closure in 2007 and offers the opportunity to develop a high quality mixed use waterside development, including business, leisure, recreation, education and health uses. 3 Policy Framework

3.1 Planning Policies There is a wide range of national, regional and local planning policies which will guide any redevelopment proposals in relation to the Brief site. The key policies are those in the Amber Valley Borough Local Plan, which aim to:-

• Maintain the openness of the Green Belt

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• Make best use of previously developed land

• Provide employment and leisure uses

• Secure the provision of community facilities

• Manage flood risk

• Conserve and enhance the environment, including landscape

The Brief site is within the Green Belt and therefore policy EN2 of the adopted Amber Valley Local Plan (2006) is a material consideration. However, as there has been a former theme park on this site, policy EN3 of the adopted Amber Valley Local Plan (2006) specifically refers to this site and states that planning permission will be granted for development, providing the proposals do not: 1) Have any greater impact on the Green Belt than the existing development. 2) Exceed the general height of the existing buildings within the site. 3) Significantly increase the existing density of development within the site or occupy a larger area of the site than the existing buildings, unless this would achieve a reduction in height which would benefit visual amenity. 4) Create additional requirements for off-site infrastructure. It also states that:

• any new buildings and other structures will need to be located having regard to the openness of the Green Belt, existing landscape features and the need to integrate with surrounding land uses.

• Any major development proposals will also need to be the subject of a comprehensive scheme in accordance with an approved development brief.

Immediately to the north of the Brief site there is a Conservation Area at The Field, Shipley Park. Policy EN27 states that planning permission will only be granted for development proposals adjacent to Conservation Areas if they would contribute to the preservation or enhancement of the Conservation Area. It also states that special consideration will also be given to proposals for development adjacent to and affecting the setting of a Conservation Area. Also north west of the Brief site is a Site of Importance for Nature Conservation. Policy EN14 states that planning permission will only be granted for development affecting areas of nature conservation interest if full account is taken of its likely impact on nature conservation and where there are benefits resulting from development which would outweigh their importance for nature conservation. Policy TP2 surrounds the Brief site to the north and east. This policy seeks to establish a multi-user route. Any development at Shipley Lakeside has the opportunity to enhance existing routes by creating a multi-user track which runs either through or parallel to the Brief site, extending the Nutbrook Trail which currently runs to the south and west. There are two listed bridges on the edge of the Brief site which must be retained and repaired if necessary. There are several listed buildings in the vicinity of the Brief site including the grade II* listed Home Farm. Policy EN24 requires that development proposals for structures within the setting of a listed building will only be permitted where the proposals contribute to

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the preservation of its setting. Amber Valley Core Strategy The Local Plan is in the process of being replaced with Local Development Framework (LDF) documents. It is anticipated that a Core Strategy Submission Draft will be produced for public consultation in early 2012. Supplementary Planning Documents A number of Supplementary Planning Documents (SPD) have been adopted in accordance with Government guidance within PPS12. Paragraph 2.43 of PPS12 states that supplementary planning documents may expand policy or provide further detail to policies in a development plan document. Those of most relevance to this Brief site are: 1) Development and Recreational Open Space SPD 2) Design for Community Safety SPD 3) Listed Buildings and Buildings in Conservation Areas SPD East Midlands Regional Plan The following Regional Plan policies are of relevance to this site: Policy 2 Promoting Better Design Policy 3 Distribution of New Development (particularly 3(d)) Policy 12 Development in the Three Cities Sub-Area Policy 19 Regional Priorities for Regeneration Policy 26 Protecting and Enhancing the Region’s Natural and Cultural Heritage Policy 28 Regional Priorities for Environmental and Green Infrastructure Policy 41 Regional Priorities for Culture, Sport and Recreation Policy 42 Regional Priorities for Tourism Policy 43 Regional Transport Objectives Policy 44 Sub-Area Transport Objectives: Three Cities Sub-Area Policy 52 Regional Priorities for Integrating Public Transport Policy Three Cities SRS2 Priorities for Green Belt Areas Policy Three Cities SRS 4 Employment Land Regional Plan Policy 35 also states that the strategies of relevant public bodies should take account of the potential of climate change on flooding and land drainage, by requiring sustainable drainage in all new developments where practicable. It also states that development should not be permitted if, alone or in conjunction with other development, it would:

• be at unacceptable risk from flooding or create such an unacceptable risk elsewhere;

• inhibit the capacity of the floodplain to store water;

• impede the flow of floodwater in a way which would create an unacceptable risk elsewhere;

• have a detrimental impact upon infiltration of rainfall to ground water storage;

• otherwise unacceptably increase flood risk

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It goes on to state that: "such development may be acceptable on the basis of conditions or agreements for adequate measures to mitigate the effects on the overall flooding regime, including provision for the maintenance and enhancement of biodiversity. Any such measures must accord with the flood management regime for that location." Following the stated intention within the Localism Bill to revoke Regional Plans, this policy may not be in place when any development proposals within the Brief site are considered. However, any development will still be required to be in accordance with other national and local policy and guidance in respect of development a flood risk when they are considered. Planning Policy Guidance & Statements for England Planning Policy Guidance notes (PPGs) and their replacements Planning Policy Statements (PPSs) are prepared to explain statutory provisions and provide guidance on planning policy and the operation of the planning system. They also explain the relationship between planning policies and other policies which have an important bearing on issues of development and land use. The PPGs and PPSs of most relevance to the Brief site are as follows: PPS1 Delivering Sustainable Development and Climate Change PPG2 Green Belts PPS4 Planning for Sustainable Economic Growth PPS 9 Biodiversity and Geological Conservation PPG13 Transport PPG14 Development on Unstable Land PPS 5 Planning for the Historic Environment PPG 17 Planning for Open Space, Sport and Recreation PPS22 Renewable Energy PPS23 Planning and Pollution Control PPG 24 Planning and Noise PPS 25 Development and Flood Risk Strategic Flood Risk Assessment (SFRA) This was published in June 2009 and identified Shipley Lakeside as being within flood zone 3a, which indicates a high flood probability. When designing a scheme for the Brief site, consideration of this will need to be taken into account when identifying developable areas and any application will need to be accompanied by a flood risk assessment. Derbyshire Local Transport Plan The In April 2011 Derbyshire County Council published the Local Transport Plan 3. This sets out a transport vision, goals, challenges to be tackled and a strategy covering the period to 2026.

The vision of the Local Transport Plan aims to achieve a transport system that is both fair and efficient, promotes healthier lifestyles, safer communities, safeguards and enhances

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the natural environment and provides better access to jobs and services. Whilst also improving choice and accessibility of transport and integrating economic, social and environmental needs.

The five transport goals are:

1. Supporting a resilient local economy. 2. Tackling climate change. 3. Contributing to better safety, security and health. 4. Promoting equality of opportunity. 5. Improving quality of life and promoting a healthy natural environment.

The Plan puts emphasis on supporting a resilient local economy, contributing to better safety, security and health, and improving quality of life and promoting a healthy natural environment. It aims to achieve longer term benefits for climate change and measures to help people under the equality of opportunity goal. The Plan is based on a long term transport strategy for Derbyshire County Council’s administrative area which looks towards 2026. It provides a basis for transport policy over the next fifteen years and will help secure funding for transport initiatives. 4 Site Considerations 4.1 The site & Its surroundings Shipley Lakeside is located between the towns of Heanor and Ilkeston. Nottingham lies to the south east of the development Brief site within ten miles, whilst Derby is located to the south west within twelve miles. Land immediately adjacent to the Brief site has recently been sold by Derbyshire County Council to Derbyshire Wildlife Trust for nature conservation purposes. This land provides a natural outer setting to the Brief site. Junction 26 of the M1 motorway is located eight miles to the east of Shipley Lakeside and access is gained via the A610. The town of Heanor is located to the north and is within two miles, whilst Ilkeston is situated to the south also within two miles of the Brief site. The latter is located within Erewash Borough, in close proximity to the administrative boundaries. The railway station at Langley Mill has services running between Manchester and London. Around the Brief site there are a number of differing leisure activities, although the Brief site offers the potential to develop some water based recreational uses. The Brief site adjoins Shipley Country Park, which is an area of both local and regional importance. The park covers an area of approximately 600 acres and has a varied landscape throughout, including hills, lakes and trails, and has a large variety of wildlife. The Brief site is surrounded by differing soft, intermediate and hard boundaries. There are two areas of soft edges, which include trees, plants and dense vegetation. These are

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situated to the north and south of the Brief site. To the north there is also a steep embankment. These areas have limited potential to provide footpaths and/or bridleways. The intermediate boundaries predominately flow along the western boundary to the Brief site, along the line of the Nutbrook Trail. They are made up of tracks and paths along with some vegetation. At the south west edge of the Brief site there is limited vegetation, with the Nutbrook Trail and the existing track within the Brief site boundary separated by only a fence. The hard boundaries to the Brief site are to the east, along the access road which runs parallel to the former theme park. The boundary to south east not only has a hard boundary but also a landscape mound. This falls westerly towards the southern entrance to the park. 4.2 Roads There is one main road that runs past the Brief site which is the A6007. This main road runs from Heanor town centre into Ilkeston, running past the Brief site entrance which is accessed from Pit Lane. Whilst one access in to and out of the Brief site is not ideal, this is an adequate road to serve the needs of the Brief site although a number of improvements may have to be made to improve traffic flow and ease of access. If any additional means of accessing the Brief site are required to accommodate any development, this would have to be investigated as part of a Transport Assessment to accompany any planning application. 4.3 Landscape Landscape Character The site and surrounding area lie within the Nottinghamshire, Derbyshire and Yorkshire Coalfield National Joint Character area which has been further sub-divided by the Derbyshire County Council document ‘The Landscape Character of Derbyshire’ into the Coalfield Estatelands Landscape character type. This is “a heavily industrialised landscape characterised by many mining settlements, parkland, woodland and dairy farming”. The land beyond the boundary of the former Theme Park consists of former open cast land which has been restored to various after uses – agriculture, woodland with multi-user trails and parkland. There are also parcels of land which were not open cast and there are three ancient woodlands directly north, west and east of the site. This whole area is managed under the umbrella of the County Council’s Shipley Country Park. The main landscape feature of the development Brief site is the lake, covering just over a quarter (27%) of the area, 31 acres out of a total of 112 acres. The lake is a key asset of the Brief site and provides a unique setting. The remainder of the Brief site compromises of trees, vegetation and hard surfaces. Around the lake itself, there is a mixture of soft and hard edges which will need to be improved if a pedestrian route around the lake is to be safely utilised.

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Most of the Brief site is of limited botanical value, due to the predominance of out grown ornamental shrub beds, aged plantation woodland, concrete pads and tarmac hard standing. Nevertheless, some localised areas of potentially greater botanical interest exist, including a flower-rich grassland community that has developed on colliery wastes and wetland areas that support locally uncommon species. A general lack of recent disturbance has, however, allowed a varied mix of vegetation types to develop and provide a range of niches for fauna. As a result, it will be necessary for any development proposals to include an assessment of existing vegetation. 4.4 Topography The topography of the Brief site is the most challenging issue to address, given the sloping nature and the degree of sloping that occurs across the area. The lake sits within a bowl, surrounded by sloping terrain either side. On the east side of the lake the land falls in a south westerly direction which is complimented by the slope on the west side having a south easterly orientation. The road to the eastern boundary rises and falls along its length with a low near the former entrance to the theme park. South of the Brief site there is a steep slope from the corner of the overspill car park. Such differences in levels need to be considered when developing a scheme for the Brief site, which may require development within the Brief site to be on two different levels. 4.5 Development Opportunities There are a number of paths and tracks which run around the Brief site. The main track is the Nutbrook Trail. This a ten mile path which runs between Long Eaton, Shipley County Park and Heanor. The trail runs to the south of Shipley Lakeside and to the west, running parallel on this western boundary through to Heanor. The Nutbrook Trail is primarily for pedestrians and cyclists, however the section which runs through Shipley Country Park can also be used by horse riders. Development of the Brief site offers the potential to do this by connecting the track on the western side of the proposed development, allowing people to walk to and along the lake side. There may also be an opportunity to connect the Nutbrook Trail at the southern end of the Brief site with an improved and additional track through the actual development which could connect back into the Nutbrook Trail to the north. There are numerous bridleways close to the development Brief site. To the north there is Woodside Bridleway which connects to the Nutbrook Trail and then Heanor Gate Bridleway to the north west, the bridleway on Raikes Cutting to the north and to the ones on Field Lane and Pit Lane to the east. Running parallel to the Brief site to the eastern and southern boundary is the Shipley Lake Road Bridleway which has a second branch towards Shipley Wood and then Parkfield Bridleway to the south. Lodge Farm Bridleway runs to the south which connects to Coach Road and then Dog Kennel Lane Bridleways. All routes around the Brief site connect in to the larger network of bridleways, paths and tracks across Shipley Country Park and offer the potential to link the Country Park with the proposed development.

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This will open up the lake side to pedestrians, cyclists and horse riders creating a vehicle free environment. There is the potential to use the existing path which runs around the lake. Whilst in need of improvement, it has the potential to provide a footpath around any development. The current alignment of the path has a mixture of hard and soft edges abutting the lake as well as being divided in parts from the lake by trees. To summarise, the key opportunities offered by the Brief site are as follows:

• The potential of the lake and lakeside to attract high quality development to the area.

• The existing network of paths and bridleways providing access to Shipley Country Park. Open up Shipley Lakeside to the rest of Shipley Country Park by creating routes which connect the lake side area to the Nutbrook Trail and other routes around the Brief site

• The potential to enhance the proposed multi-user route surrounding the Brief site

• The potential to create an attractive environment, including the enhancement of landscape character

4.6 Development Constraints The key constraints associated with the Brief site are as follows:

• The walking distance of the Brief site from Heanor and Ilkeston

• The lack of a direct access to the strategic road network

• Environmental constraints such as the close proximity to The Field, Shipley Park Conservation Area, Shipley Country Park, a Brief site of Importance for Nature Conservation, the Nature Reserve and listed buildings in the locality

• The steep sloping landscape on the eastern part of the development Brief site will need engineering works to accommodate development

• The need to protect existing flora and fauna within the Brief site

• Twin mine water pumping pipes run through the eastern part of the Brief site

• The legacy of former coal mining activities, which could lead to land instability other public safety issues.

5 Development and Design Principles Any redevelopment proposals for this Brief site will need to be of the highest possible quality, in order to fully respect the character and appearance of the Brief site and its surroundings.

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5.1 Preferred Land Uses There are no prescribed land use for development at Shipley Lakeside. There is therefore the opportunity for a wide range of uses within the Brief site. Any specific uses will need to be assessed against existing national, regional and local policies. Given that Brief site is adjacent to Shipley Country Park, and The Field Conservation Area, any uses will need to not detract from the quality of the surrounding environment. Large scale, major industrial or storage uses, B8, are therefore not considered acceptable. However, an element of B8 use could form part of a B1/B8 proposal. The setting of the development with the lake in the middle means that tourism uses would also be encouraged, including water based activities such as fishing and/or boating. Any proposals that would involve housing development would need to be given very careful consideration. The Brief site is not within or immediately adjacent to any defined settlement and its development for housing would need to be consistent with national and local planning policies. Housing development would therefore only be considered acceptable if it could be clearly demonstrated that it is essential to deliver a comprehensive mixed use scheme that delivers the aims and objectives of this brief. 5.2 Design Principles Any redevelopment proposals for Shipley Lakeside will have to take in to consideration a number of factors relating to design. Given the location of the proposed Brief site, its potential impact has to be minimised through the highest possible quality of design. The following elements will need to be considered carefully and provide a basis upon which to expand policy EN3:

• Location of Built Development

• Public Open Space

• Character

• Building Heights

• Materials

• Landscaping

• Community Safety

• Accessibility

• Transport

• Noise

• Climate Change

• Biodiversity and Habitats

• Visual Impact and Landscape Proposals

Location of Built Development

The Brief site offers great potential to integrate the built development with the lake and landscaped features. The orientation of the buildings should be maximised with the location of the lake in mind.

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Public Open Space The lake itself is a large area of public open space and any redevelopment proposals should encourage will need to involve public access to and use of this feature. Other areas of open space and green linkages to the lake will need to be established as an integrated part of the scheme which will complement the any new development. This would be in accordance with the aims and objectives of Derbyshire County Council's East Derbyshire Greenway Strategy. Character The opportunity arises on Brief site to create a distinct and unique character for the site. Any proposal will encompass modern and energy efficient development, allowing Shipley Lakeside to develop its own sense of place. The development should consider its visual impact on the surrounding area and its associated design, including landscaping, should mitigate any adverse visual impacts on Shipley Country Park and surrounding area. Whilst creating a unique opportunity, the landscaping should also be appropriate to and enhance local landscape character of the wider Coalfield Estatelands and the parkland setting of the Country Park. Building Heights It may be necessary to significantly alter existing levels within the Brief site, especially on the eastern side, to establish appropriate platforms for development. The design of such platforms will need to have regard to the location and levels of any existing features that need to be retained and will provide the opportunity to secure effective surface water management and reduction of flood risk. This may provide an opportunity to improve the general topography of the site including reshaping the lake margins, creating shelving margins for the establishment of marginal vegetation and improve its conservation value. This could potentially reduce the artificial nature of the lake and improve it as a landscape feature. The height of the proposed buildings needs to take account of the Brief site's location within the Green Belt and the need for any buildings to not exceed the general height of existing structures and buildings. As part of any planning application a visual impact assessment will need to be undertaken. Materials The materials used in development should be sympathetic to the Brief site's setting and in keeping with materials used in the locality. However, given the unique nature of the Brief site there is potential for imaginative and innovative use of traditional and high quality modern materials. Landscaping The landscape character of the area and setting of the site need to inform the character of the development and the associated landscape proposals for the site.

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Detailed proposals for hard and soft landscaping in relation to specific parts of the Brief site will need to be included in any planning application. Community Safety Proposals at Shipley Lakeside will need to reflect principles of community safety which will include measures to minimise both the risk and fear of crime. Planning conditions may be attached to any planning permission given in accordance with the Council's Supplementary Planning Document on Design for Community Safety and Government advice as contained in Circular 1/85, to secure crime prevention objectives. Any development proposals should also consider the principles of ‘Secured by Design’ (highlighted in Government circular 5/94 and subsequent publications). Accessibility Development proposals will need to demonstrate that they achieve the principles of accessibility for all sections of the population, both in terms of individual buildings and the overall design and layout of built development, roads, footpaths, cycleways, bridleways and open spaces. Public access to the lake side from the west is important essential in order for the development to integrate with the surrounding Country Park. Transport Development proposals will need to incorporate a range of measures to maximise the potential for journeys to and from the Brief site to be made by means other than the car. This can be achieved by designing the layout of new roads to enable and attract buses to penetrate into the Brief site, rather than simply maintain current services adjoining the Brief site. Added to this the provision of a network of footpaths and cycleways into and around the Brief site will help create effective links between different land uses. The overall level of car parking provision, its design and location, will help to minimise dependency on the use of the private car. Amber Valley Borough Council will have regard to the maximum car parking standards for the various uses, as set out in the adopted Amber Valley Local Plan. Detailed development proposals should also make provision for cyclists, through designated cycle parking and storage areas. Any proposals will also need to be accompanied by a Transportation Assessment and set out how sustainable access to the site can be achieved. Further advice can be found from the Department for Transport's Transportation Assessment Guidelines, a copy of which can be seen via the following link: http://www.dft.gov.uk/pgr/regional/transportassessments/guidanceonta. Whilst individual travel plans are likely to be required for individual developments, an overall site-wide framework travel plan would be required to co-ordinate all the individual travel plans. Noise Development proposals for the Brief site will have to show they will have no adverse impacts on the surrounding area. A noise assessment will be required to accompany any planning application for development.

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Climate Change In December 2007 the Government published a supplement to Planning Policy Statement 1 (PPS1) Delivering Sustainable Development. The document sets out how spatial planning should contribute to reducing emissions and stabilising climate change. Development at the Brief site could contribute to the objectives set out in PPS1 in a number of ways. For example, the lake has the potential to be used as a source of thermal heating for development. Any development should be designed in a way which maximises the potential to walk or cycle to work or to use other local services and facilities, as well as designing new transport routes into and within the Brief site to maximise the use of public transport for journeys to and from the Brief site. Biodiversity and Habitats Any landscaping with the need for any external lighting needs to take account of the potential impacts on nocturnal species including bats and owls. There is a huge potential on the site for development, which enhances the environment, providing new and improved habitats for wildlife and an attractive natural setting for sensitive development and public recreation. Any water based activities for example boating will need to be carefully assessed for the potential ecological value of the lake and therefore motor boating activities should be avoided. It is vital that this access is planned and managed in such a way as to avoid any negative impacts on wildlife, particularly birds. A full assessment should be carried out on the pattern of use by the birds in order to determine the level of access to the lake. The Wildlife Trust has identified the Erewash Valley as one of its priority Living Landscape Areas. The vision of the Trust is to create a network of ecologically functioning habitats in this area, which provides a haven for wildlife, enjoyment for people and a sustainable contribution to the local economy. This will also allow the natural environment to adapt and species to move and spread in response to climate change. The site is of substantial interest for invertebrates. Surveys by the Derbyshire Wildlife Trust have shown the presence of a high diversity of species including some nationally and regionally notable ones. Consideration also needs to be given to the known value of the lake for birds in particular wintering wildfowl and passage waders. There is also a strong possibility that water voles may be present due to being recorded on adjoining watercourses. As a result it will be necessary for development proposals to include a full assessment of the biodiversity value of the site and the extent and magnitude of any potential negative impacts. Details must be provided of how these impacts will be avoided or mitigated against, and how the site is to be designed and managed to enhance the biodiversity value. This must give particular consideration to the need to complement, link and extend the network of habitats present in the adjacent Country Park and Nature Reserve. 6 Supporting Information Depending on the precise scale and nature of any development proposals for the Brief site, which will be determined throughout the planning process, any application will need to be

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supported by a wide range of information. It will be assessed against development plan policies and other material considerations and will reflect the requirements of the Council’s Major Development Checklist for planning applications. Such supporting information for any significant development will include a flood risk assessment, a site waste management plan, a transportation assessment and a site-wide framework travel plan. 7 Infrastructure and Community Benefits The Borough Council may attach conditions to a planning application or seek to enter into a Section 106 agreement with a developer, to secure the provision of, or financial contributions towards infrastructure and/or community benefits, in conjunction with development. Depending on the precise form and scale of development and mix of land uses, this may relate to:

• transport infrastructure

• public transport

• public open space

• footpaths, bridleways and cycleway links

• Measures to manage flood risk and surface water run off

• phasing of development

Any provision or financial contributions sought in relation to the above and any other facilities will be consistent with the principles set out in Government Guidance on Planning Obligations (Circular 1/97), in that they are necessary, relevant to planning, directly related to the proposed development and fairly and reasonably related in scale and kind to the proposed development. 7 Appendices A Site location plan B Relevant saved policies of the Amber Valley Borough Local Plan C Opportunities D Constraints

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Appendix A

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Appendix B Relevant saved policies of the Amber Valley Borough Local Plan Policy No. Title

LS1 Sustainable Development LS2 Community Safety LS3 Design LS4 Accessibility LS5 Provision of Infrastructure and Community Benefits

in conjunction with Development ER12 Tourism Development TP1 The Impact of Development on the Transport Network TP2 and TP3 Walking and Cycling TP6 Car Parking EN1 Countryside EN2 Green Belt EN3 Major Developed Site in the Green Belt EN7 Landscape Character EN8 and EN 9 Landscape Features EN13 and EN14 Biodiversity EN15 Development and Flood Risk EN23 and EN24 Listed Buildings EN27 Conservation Areas EN30 and EN31 Archaeological and Heritage Features EN36 Use Of Renewable Energy Resources LC3 Playing Fields, Parks And Informal Open Spaces LC11 - LC13 Community Facilities

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