Unitary Development Plan with deletions - Calderdale Council€¦ · · 2016-08-17The Replacement Calderdale Unitary Development Plan came into effect on 25 August 2006 and replaces

Foreword

TO THE REPLACEMENT CALDERDALE UNITARY DEVELOPMENT PLAN

by

COUNCILLOR ANN McALLISTER - LEADER OF THE COUNCIL

The Replacement Calderdale Unitary Development Plan came into effect on 25 August 2006 and replaces theformer UDP dating from April 1997.

The Adoption of the Replacement UDP is the culmination of nearly six years work by the Council, whichcommenced in the Summer of 2000, when the Council asked people about the Issues that the ReplacementUDP should address. Formal stages of public consultation including the Initial Deposit (in November/December2002) and Revised Deposit (March to May 2004) were followed by Pre-Inquiry Changes in November 2004.

The Public Inquiry into the objections to the Replacement UDP was held between February and June 2005.Over 10,000 documents were submitted to the Inquiry, and the Report of the Inspector (Mrs D Burrows) wasreceived in March 2006.

Through a tremendous effort by officers and Councillors, the Modifications to the Replacement Plan werepublished in May 2006. The Council resolved to adopt the Replacement UDP on 19 July 2006 and it came intoeffect on 25 August 2006.

I should like to thank all of those who contributed to the development of the Replacement UDP. The manycomments and suggestions received from individuals, interest groups and developers have helped to makethe Plan better, and the debates held at the Inquiry have focussed arguments on the issues facing the Borough.

This will be the last Unitary Development Plan prepared by Calderdale Council. The changes introduced bythe Planning and Compulsory Purchase Act 2004, mean that the Council will soon commence work on its LocalDevelopment Framework, which will supersede the UDP. In the mean time the Replacement Calderdale UDPwill be an essential tool for the control of development and it will help to bring about a better quality of life bymaking Calderdale a clean, safe, attractive and thriving area for everyone to enjoy as residents, workers orvisitors.

Councillor Ann McAllister - Leader of Calderdale CouncilSeptember 2006

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ORDNANCE SURVEY

STATEMENT OF PUBLICATION'S PURPOSE

The Ordnance Survey mapping which forms part of the Proposals Map of the Replacement Unitary DefelopmentPlan (and is also shown on the Council's web-site) is provided by the Metropolitan Borough of Calderdale underLicence from the Ordnance Survey, in order that the Council may fulfil its public functions as Local PlanningAuthority, to publicise the policies and proposals for its administrative area.

Persons viewing the mapping should contact the Ordnance Survey Copyright for advice where they wish touse the mapping for their own use.

LIST OF ILLUSTRATIONS

The start of each section within the Replacement UDP is characterised by a photograph or other illustration.This table details the illustrations, their subject matter and location.

LOCATIONSection

Rochdale Canal at TodmordenIntroduction1

Simplified Map of CalderdaleCalderdale in Context2

Clock Face and part of the spire of Halifax Town HallPart One Policies

View across Halifax towards Dean Clough from Beacon HillGuiding Principles and KeyThemes

3

Lowfields Business Park, EllandEmployment4

New housing within the Halifax Royal Infirmary siteHousing5

Woolshops, HalifaxRetailing and Town Centres6

Bandstand and statues in People's Park, HalifaxOpen Space, Sport andRecreation

7

Houses in the Conservation Area at HeptonstallBuilt and HistoricEnvironment

8

Clockwise from top left: -Buses in Halifax; Train at Hebden Bridgestation; Car Parking at Lowfields Business Park; Bicycle Parking Shelter;Road sign in Halifax;

Transport9

Halifax High School, Wellesley Park, HalifaxInfrastructure, Educationand Community Facilities

10

The Calder Valley from the hills above MytholmroydNatural Environment andthe Countryside

11

Clockwise from left: - Pylon at Cromwell Bottom; Photovoltaic cells ona house at Old Town; Ovenden Moor Windfarm

Environmental Protection12

Elland Edge Quarry, Lower Edge Road, EllandMinerals13

Bags of household wasteWaste14

Computer screen and histogramsMonitoring15

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Contents

141 Introduction

14The Need to Replace the Existing UDP

15The Plan Making Process

16Understanding the Replacement Calderdale UDP

17Strategic Environmental and Appropriate Assessment of the Replacement UDP

18Future of the Development Plan in Calderdale

202 Calderdale in Context

20The District of Calderdale

20Population

20Households

20The Housing Stock

21Local Economy

21Social Profile

21The Environment

PART ONE

24Strategic and Core Part One Policies

PART TWO

363 Guiding Principles and Key Themes

36Introduction

37Sustainability

40Location of Development

41The Regeneration and Renaissance of the District

43Sustainability Appraisal

43Resources and Implementation

464 Employment,The Economy,Tourism and Regeneration

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46Background to Economic Policy

47Primary Employment Areas

47Employment Development Outside the Primary Employment Areas

48The Need for New Employment Land

48Current Employment Site Provision

48The Provision of Employment Land for Local Companies

49The Provision of New Employment Sites

49Employment Land Take Up

49Amount of Employment Land Provision

50The Allocation of New Employment Sites

53Mixed Use Allocations

55Safeguarding Employment Land and Buildings

56The Development of Employment Sites for Non-Employment Uses

57Office Development

57A2 Office Development

58B1 Office Development

59Warehouse Development

59Tourism Attractions and Facilities

61Hotels, Motels and Other Visitor Accommodation

62Caravans and Camping Sites

62Rural Diversification

64Agricultural, Equestrian and Other Animal Based Uses

65Regeneration of Derelict and Degraded Land and Buildings

67Upper Calder Valley Renaissance Strategy

68Regeneration Action Area : Sowerby Bridge to Copley

69Sowerby Bridge Canal Wharf

69The Piece Hall

725 Housing

72Introduction

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72Strategy for Housing

73Existing Housing Areas

74Additional Housing

74Amount of New Housing Provision

76The Managed Release of Housing Sites (Phasing)

83Non-Allocated Sites

84Density and Type of Dwellings

85Living Over Shops and Other Business Premises

86Affordable Housing

88Accessible Housing

89Houses in Multiple Occupation

90Gypsies

926 Retailing and Town Centres

92Introduction

93Objectives for Retail Policy

93Location of Retail and Key Town Centre Uses

94Retail Hierarchy for Calderdale

95Major Development Opportunities

96Sequential Approach to Retail, Key Town Centre and Leisure Developments

97Criteria for Asssessing Retail Development

98Local Shopping

99Retailing in the Green Belt and Open Countryside

99Farm Shops and Nursery Gardens

99Shopping Frontages in Town Centres

101Halifax Town Centre

101Halifax : "Streets Ahead" - the Renaissance Strategy

102Areas of Special Consideration in Halifax Town Centre

102Office Amenity Area within Halifax Town Centre

102Residential Amenity Areas within Halifax Town Centre

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103Mixed Use Day and Night Zone in Halifax Town Centre

103Temporary Retailing / Car Boot Sales

103Hot Food Takeaways

104Shop Fronts

1087 Open Space, Sport and Recreation Facilities

108Introduction

108Protected Open Spaces

110Open Spaces in Areas of Deficiency

110Safeguarding Sports Grounds and Playing Fields

111Provision of Sport and Recreation Facilities

112Provision of Recreational Open Space in Residential Development

113Allotments

114Common Land

114Waterways and Open Water

115Former Halifax Branch Canal

1188 The Built and Historic Environment

118The Contribution of Design to the Quality of the Built Environment

118Piecemeal Development

119General Design Criteria

120Privacy, Daylighting and Amenity Space in New Development

120Landscaping of New Development

121Safety and Security Considerations within New Developments

123Design and Layout of Highways and Accesses in New Development

123Provision of Safe Pedestrian Environments in New Development

124CCTV and Area Lighting Schemes

124Access and the Provision of Public Conveniences and Baby Changing Facilities in NewDevelopment

125Art in Public Places

125Telecommunications Development

127Advertisements

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129The Historic Built Environment

130Listed Buildings

132Conservation Areas

134Historic Parks and Gardens

135Locally Designated Historic Parks and Gardens

136Areas and Sites of Archaeological Interest

1409 Transport

140Introduction

140Vision for Transport in Calderdale and Across West Yorkshire

141The Context for Transport Planning in Calderdale

141Securing a Safe, Sustainable, Efficient Transport System

142Priorities for Transport Investment

142Strategic Road Network

143Hierarchy of Consideration

143Transport Assessment of New Development

144Highway and Pedestrian Improvements Associated with Development

144Travel Plans

146Policies of the Highways Agency

147Public Transport

147Priority for Buses

148Local Rail Passenger Services

149Passenger Facilities

149Transport Interchanges and Park & Ride

150Rural Public Transport

150Taxis and Private Hire Vehicles

152Socially Inclusive Transport System

153Footpaths, Bridleways and Other Rights of Way

154Cycling

155Motor Cycles and Mopeds

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155Highways and Traffic Management

156Traffic Management

156On Street Parking Controls

156Pedestrian Priority / Pedestrianisation

157Highway Schemes

157Abandoned Highway Proposals

157Parking in New Development

164Bicycle and Motorcycle / Moped Parking Guidance

166Car Free and Low Car Housing Development

167Garage and Car Parking Courts

167The Movement of Freight

168Helicopters

169Safeguarding Aerodromes and Air Traffic Technical Sites

17210 Infrastructure, Education and Community Facilities

172Introduction

172Infrastructure and Facilities Necessitated by New Development

173The Strategic Framework for Community Facilities Planning

174Education

174Improving Attainment in Schools and Standards of Education

175Schools and Housing

176New Schools and Other Proposals

177Longer Term Education Facilities Proposals

179Community Use of School Facilities

179Surplus Education Land and Buildings

179Village Shops, Post Offices, Public Houses and Hotels

180Cemeteries

181Social Services and Health Infrastructure

182HM Prison Service

183Major Leisure Uses and Urban Entertainment Facilities

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18611 Natural Environment and the Countryside

186Introduction

187The Green Belt

188Extensions and Alterations to Buildings in the Green Belt

189Re-Use of Buildings in the Green Belt

190Replacement Dwellings in the Green Belt

190Gardens and Garden Extensions in the Green Belt

191Development in Settlements in the Green Belt

192The Area Around Todmorden

194Protected Land

194Special Landscape Area

195Nature Conservation

195Sites of International Importance

196Sites of National Importance

196Sites of Regional or Local Importance

200Agricultural Practices and the Landscape

200Trees and Woodland

201The Planting of Trees and New Woodland

201Appropriate Locations for Tree and Woodland Planting

201Appropriate Species of Trees

202Energy Crops

202Ancient Woodland

202Tree Preservation Orders

202Trees on or Adjacent to Development Sites

204Hedgerows

204Natural Stone and Drystone Walls

20612 Environmental Protection

206Introduction

206Pollution Control

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206Air Pollution

207Noise Pollution

208Light Pollution

208Dangerous Substance Establishments and Other Incompatible Land Uses

208Dangerous Substance Establishments

210Other Incompatible Land Uses

210Contaminated Land

211Unstable Land

212Litter and Graffiti

212The Water Environment

212River Pollution, Water Supply and Sewage Treatment

214Canals and Rivers

215Washlands and Floodlands

217Drainage and Flood Prevention

219Overhead Power Lines

220Energy Efficiency

222Renewable Energy in New Developments

223Development of Renewable Energy

224Wind Power Developments

226Solar Power

227Connection into the Local Electricity Network

23013 Minerals

230Introduction

230The Geology of Calderdale

230Minerals Strategy for Calderdale

231Future Demand for Aggregates

231Criteria for Assessing Minerals Applications

232Protecting the Environment and Local Communities

233Safeguarding Mineral Resources

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235Coal and Colliery Spoil Disposal

235Oil and Gas

236Peat

236Environmental Safeguards

237Reworking Deposits

237Recycling and Secondary Aggregates

238Recycling

24014 Waste Management

240Introduction

240European Strategy

240National Waste Strategy

241Waste Strategy 2000

241Landfill Tax

241PPS10

241Regional Spatial Strategy

242Waste Management Strategy for Calderdale

243Additional Information Required in Support of a Proposal

244Landfilling of Waste

245Recycling

246Waste Management Facilities

247Anaerobic Digestion and Composting

247Green Waste Composting

248Incineration

249Re-Working of Former Landfill Sites

25215 Monitoring and Review of the Plan

Annexes

255A Privacy, Daylighting and Amenity Space

263B Trees On or Adjacent to Development Sites

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Appendices

2671 National Planning Policy

2692 National Minerals Policy

2713 Supporting Published Documents

2734 Glossary of Terms

2835 Acronyms and Abbreviations

2876 Policy Topic Index

3047 Policy Number Comparison

3168 Supplementary Maps

316Indicative Floodplains

319Calderdale Retail Hierarchy : Location of Centres

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1 Introduction

1.1 The Replacement Calderdale UnitaryDevelopment Plan (UDP) is the most importantdocument prepared by Calderdale Council relatingto the use of land and buildings. It has statutoryweight and is used in determining planningapplications and guiding investment decisions by boththe public and private sectors for development. Itspolicies and proposals are intended to control andshape development and to provide certainty as to thecircumstances in which development proposals willbe supported. It is relevant to many people such asresidents, employers and those who work here,investors and those who visit or own land inCalderdale. This new Plan looks forward to the year2016 and provides a long-term vision of how thephysical structure of the District should be shapedover the next 15 years (but see paragraph 1.17below).

1.2 The UDP is a land-use strategy for the Districtand is the prime consideration when the Councilconsiders planning applications for development.Thisprimacy of consideration is set out in legislation whereSection 38(6) of the Planning & Compulsory PurchaseAct 2004 requires: -

"If regard is to be had to the development plan for thepurpose of any determination to be made under thePlanning Acts the determination must be made inaccordance with the plan unless materialconsiderations indicate otherwise."

The UDP therefore provides a framework for rationaland consistent decision making.

1.3 The main purposes of the UDP are:-

i. to control the location and quality ofdevelopment;

ii. to provide for new development particularly foremployment, housing, open space, retailing andcommunity facilities, where necessary andappropriate;

iii. to protect and enhance the environment ofCalderdale, to conserve its natural beauty andmaintain the amenity of land;

iv. to safeguard and improve the most importantbuilt and natural assets within the District;

v. to provide infrastructure and facilities forservices to meet the needs of communities;

vi. to plan the use of land in the interests ofmanaging traffic, protecting communities fromthe effects of congestion and reducing theoverall need to travel;

vii. to reflect the land use needs and aspirations ofall those with an interest in the use ofCalderdale’s land and buildings, whereverpossible and appropriate; and

viii. to ensure that development is undertaken in themost sustainable way possible, recognising theneeds of the community for new developmentand infrastructure but ensuring that it is notprovided at the expense of future generations.

1.4 Many of the questions, which relate to the useof land, have no right or wrong answer, as there aremany issues, viewpoints and matters to be taken intoaccount. The UDP provides a framework forreconciling some of the competing pressures on theuse of land and for ensuring consistency in thedecision making process. Some of the conflicts thatarise are irreconcilable, given differing viewpoints andhave to be resolved by a political institution such asthe Council. The UDP helps to provide a frameworkfor considering the land use implications ofdevelopments, and reflects the concerns of localpeople as well as Government policy in terms of thematters to be reflected within the decision makingprocess.

NOTE: The plan making process has taken fouryears to bring the Replacement UDP to Adoption.During this time new policy initiatives at thenational and regional level have come forward. Ithas not been possible in all circumstances toreflect the most recent policy advice within theReplacement UDP.

The Need to Replace the Existing UDP

1.5 It is a statutory requirement to keep the UDPup to date and to review it at least once every 5 years.The former UDP was adopted in April 1997. Some ofits Policies and Proposals are time-limited and others,which reflect the land use implications of otherstrategies (such as Housing, Education andTransport) are no longer in step. It is thereforenecessary to review it.

1.6 This Replacement UDP is the outcome of areview that has taken account of a wide range ofsignificant changes in the policy framework guidingdevelopment at the national and regional levels andalso changes in local aspirations as they relate to theDistrict. Calderdale functions as part of thesub-regional, regional and national economy andcannot isolate itself from influences from outside itsboundaries. It should be noted however that it hasnot been possible to take into account all the variouschanges in legislation or policy direction at national,

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regional or local level that have come forward duringthe plan making process. It may appear therefore thatsome parts of the Replacement UDP are out of stepwith other initiatives. Given the nature of the planningprocess this is inevitable. The Local DevelopmentFramework, which is being brought forward to replacethe UDP will be able to address these issues.

1.7 The main influences that have led to change inthe Replacement UDP are as follows:-

i. evolving social, economic and environmentalconsiderations and changing resourceavailability to deal with the changes;

ii. population changes (growth in the number ofpeople and households within the District);

iii. economic changes arising from the restructuringof the economy in the 1980s and 1990s and theway in which people spend their leisure time,resulting in increased traffic and greatermovements for work, leisure and shopping;

iv. the changing needs and aspirations of all wholive, work or take their leisure in Calderdale, orhave an interest in the way the area looks orfunctions;

v. changing national and international land useplanning policy and advice (Planning PolicyGuidance (PPGs) and Planning PolicyStatements (PPSs) and Minerals PlanningGuidance (MPGs) and Minerals PlanningStatements (MPSs); requirements from theEuropean Union relating to land use mattersand environmental protection;

vi. Regional Spatial Strategy for Yorkshire and theHumber to 2016 (based on a Selective Reviewof RPG12) published in December 2004;

vii. new priorities set by Calderdale Council, whosevision is “to make Calderdale a clean, safe,attractive and thriving area for individuals andfamilies to enjoy as residents, workers orvisitors” and whose corporate priorities for 2002and beyond are:-

to improve the educational achievementof all young people and promotewidespread participation in learning;to support and protect vulnerable children,young people and adults and promoteindependent and healthy living;to create safer communities with lowercrime levels, less fear of crime and saferroads;to promote sustainable economic growth,respect local heritage and improve our towns, villages and neighbourhoods;

to secure a clean and attractive built andnatural environment;to continually improve customer service;to support diverse communities, buildingdialogue, understanding and a capacity towork and live together; and

viii. the need to co-ordinate the land use based UDPwith the key plans and strategies of the Counciland its partners including:-

Community Strategy;Community Care Plan;21 for 21;A Plan for Living by Common Sense;West Yorkshire Local Transport Plan;Housing Strategy;Tourism Strategy;Crime and Disorder Strategy;Regeneration strategies within Halifax,Sowerby Bridge, Elland, Hebden Bridge,Mytholmroyd, Todmorden and Brighouse.

Each of these strategies has some implications forthe consideration of land use matters. TheReplacement UDP has taken relevant issues fromthese strategies to provide a proper land use planningframework for their implementation.

The Plan Making Process

1.8 There are a number of stages set out inlegislation that the Replacement Plan must passthrough before it can be adopted. These stagesprovide opportunities for people that are affected bythe Policies and Proposals in the Plan to makerepresentations and have these considered by theCouncil. Any objector who raises matters that are notresolved between the Council and themselves hasthe right to have their concerns considered by anindependent planning inspector appointed by theGovernment.

1.9 The process has changed since the last UDPwas adopted and therefore the stages that theReplacement UDP passed through are set out herefor information:-

Pre-Deposit Consultation

This consultation was undertaken in Summer 2000and gave people an opportunity to comment uponthe issues that should be addressed within the UDP

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review. Many of the comments received related tospecific pieces of land and suggestions that they beconsidered for development purposes.

First Deposit

This was the first formal opportunity for the public tomake written comments upon the draft ReplacementUDP. Formal objections were made during thisdeposit period, which ran between 1 November 2002and 12 December 2002;

Second Deposit

Having received the representations, the Councilconsidered each comment and made changes to thedraft Plan. A Revised Deposit Draft was published on26 March 2004, with the deposit period lasting until6 May 2004 . Further formal written objections tothese changes were received during this SecondDeposit stage, but only comments relating to theRevised Deposit and the changes contained within itwere accepted.

Pre-Inquiry Changes

Pre-Inquiry Changes to the Draft Replacement UDPwere published on 5 November 2004 with theconsultation period lasting until 16 December 2004.Any of the proposed Pre-Inquiry Changes, which theInspector found to be acceptable, would need to beincorporated into the Replacement Plan through theformal Modifications process following the PublicInquiry.

Public Local Inquiry

All objections that were not unconditionally withdrawnwere considered by Mrs D Burrows DipTP MRTPI,the Inspector appointed by the First Secretary of Stateto hold an Inquiry into the objections to the DraftReplacement UDP.The Inquiry opened on 1 February2005 and closed on 28 June 2005, with the last formalhearing day being 26 May 2005

Inspector’s Report

The Inspector's Report into the Inquiry was issued bythe Planning Inspectorate on 9 March 2006. TheCouncil made it available for inspection very quicklyafter this date both through hard copy and within itswebsite. The Report contained recommendationsabout every objection made to the Plan, and theCouncil had to consider each of theRecommendations.

Modifications

The Council considered whether to accept theInspector’s recommendations or to reject them. TheCouncil has to have very good reasons to justify itsrejection of any of the Inspector’s recommendations.The Council published Modifications to the Plan whichtook account of the changes arising from theInspector’s Report and its decisions on therecommendations on 5 May 2006.The formal depositperiod for the receipt of objections and commentsupon the Modifications or Decisions not to accept aRecommendation made by the Inspector closed on16 June 2006.

Adoption

Comments received on the Modifications wereconsidered by the Council and it was determined toproceed to Adoption of the Replacement Plan withoutfurther modifications or holding a second inquiry.ThisResolution was made by Full Council on 19 July 2006.The formal Notice of Intention to Adopt theReplacement Plan was issued on 21 July 2006, andthe Replacement Plan formally came into effect on25 August 2006 with the publication of the AdoptionNotice. Following the Adoption there was a six weekperiod during which formal legal challenge to the Plancould be made to the High Court.

Understanding the ReplacementCalderdale UDP

1.10 The Replacement Calderdale UDP consistsof a Written Statement of the Council’s Policies andProposals for development and a Proposals Mapshowing the specific locations where policies apply.The Written Statement has two levels ofconsideration:-

PART ONE:- this is the Strategic Policy Frameworkfor the District, setting out the principal policies thatare applicable across it as a whole. It has beenformulated with regard to current national and regionalpolicies together with social, economic andenvironmental considerations.

PART TWO:- this is generally in conformity with PartOne and sets out detailed Policies and Proposalsincluding policies that will form the basis fordetermining planning applications. Part Two alsoprovides the reasoned justification for all the policiesin the Plan.

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1.11 In addition, the UDP includes a Proposals Mapwhich forms part of the Plan. This is divided intoseven individual sheets focussed upon the maintowns or surrounding areas as follows:-

1. Widdop Moor, Stansfield Moor and WadsworthMoor;

2. Todmorden, Walsden, Cornholme, Eastwoodand surrounding countryside;

3. Turley Holes and Higher House Moor, SoylandMoor and Rishworth Moor;

4. Hebden Bridge, Mytholmroyd, Luddenden/Luddendenfoot and surrounding countryside;

5. Halifax, Sowerby Bridge and surroundingcountryside;

6. Ripponden, Elland and surrounding countryside;and

7. Shelf, Northowram, Hipperholme, Brighouseand surrounding countryside.

1.12 Part One Policies, are of District-widerelevance and are shown in BOLD UPPER CASETEXT and are contained within a green box, withinthe relevant section of the plan.( It should be notedhowever that for ease of reading these policies areshown in lower case within Part One itself). They areshown separately within a complete listing as PartOne of the Plan between Sections 2 and 3 but havealso been integrated into the structure of theReplacement UDP to provide a more coherent contextfor the site specific and detailed development controlstyle policies and proposals of Part Two.

1.13 Part Two Policies are shown in bold lowercase text and are contained within a blue box, inorder that they may be easily distinguished from thePart One Policies and the remainder of the reasonedjustification. Each of the Sections within theReplacement UDP therefore contain, where relevant,both Part One and Part Two Policies, which may beidentified easily.

Strategic Environmental and AppropriateAssessment of the Replacement UDP

1.14 As part of the plan-making process, theCouncil has to consider the effects of theEnvironmental Assessment of Plans and ProgrammesRegulations 2004 (SEA Regulations) Regulation 6(2),and Articles 6(3) and (4) of the Habitats Directive92/43/EEC. In considering this legislation the Councilhas considered whether it has been feasible toundertake Strategic Environmental Assessment orwhether Appropriate Assessment has beennecessary.

Strategic Environmental Assessment

1.15 On July 19 2006, the Council resolved to adoptthe Replacement Calderdale Unitary DevelopmentPlan without submitting the Replacement UDP toEnvironmental Assessment under these Regulationsfor the following reasons:

1. The Plan was at an advanced stage ofpreparation as at July 21 2004. It had beenthrough initial and revised deposit and a PublicInquiry had been arranged to commence inJanuary 2005. An Inspector had been appointedand the relevant parties had been appraised ofthis situation.

2. The expectation of the timetable then inexistence was that the Replacement UDP wouldbe adopted well before July 2006, and thereforethe implications of the SEA Regulations did notapply.

3. The Replacement UDP was at such a stage inthe preparation process that at that time (July2004), it is considered that such an appraisalwould not add value to the plan’s contents andwould be unlikely to identify environmentaleffects that would result in the plan beingamended.

4. The expense and inconvenience to participantsin the plan making process of a delay causedby the application of the SEA Regulationsthrough delay in undertaking the public inquiry,when the expectation of all participants was thatthe plan would proceed to adoption before July2006.

5. Environmental Appraisal of the ReplacementUDP had been undertaken as part of theprocess of developing the draft plan. Whilst thisappraisal is not SEA for the purposes of theRegulations, it did identify a number of policyareas where minor amendments to the planwere necessary. It did not identify any significantenvironmental implications of the plan, and it isconsidered likely that an SEA would not haveidentified any areas where fundamental revision(including mitigation action) to the Draft Planwas required.

Appropriate Assessment

1.16 In accordance with the requirements of Articles6(3) and (4) of the Habitats Directive 92/43/EEC, theCouncil undertook a screening of the ReplacementCalderdale Unitary Development Plan.This screeningreached the conclusion that Appropriate Assessmentunder the requirements of the Directive is notnecessary.

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Future of the Development Plan inCalderdale

1.17 The Planning and Compulsory Purchase Act2004 has radically changed the foundation for thepreparation of the Development Plan across thecountry. The former raft of plans (Regional PlanningGuidance, Structure Plans, Local Plans and UnitaryDevelopment Plans) are being replaced by RegionalSpatial Strategies and Local DevelopmentFrameworks containing a series of Development PlanDocuments. In Calderdale, the Replacement UDPwas at an advanced stage of preparation when thelegislation changed and as a result was taken throughthe statutory procedures and onto adoption. Upon itsadoption on 25 August 2006 the Replacement UDPwas “saved” for three years to allow preparation ofdocuments within the Local Development Frameworkto be undertaken. It is anticipated that theReplacement UDP will itself be replaced (at least inpart) by the Calderdale LDF by August 2009.

1.18 The Calderdale Local DevelopmentFramework will consist of a number of documentsincluding (as at November 2006): -

1. Core Strategy;2. Statement of Community Involvement;3. Waste, Development Plan Document;4. Green Belt Review, Development Plan

Document;5. Land Allocations, Development Plan Document;6. Development Control, Development Plan

Document;7. Supplementary Planning Documents for:-

Affordable Housing;Management of Housing Supply;Waterside Development;Elland Town Centre;Developer Contributions towardsEducation Infrastructure;Developer Contributions for Lossof Employment Land;Open Space Provision and LocallyDetermined Standards;Sustainable Design;Renewable Energy;Planning Obligations;Car Parking Requirements;

1.19 Details of the documents and the timetablefor their production may be found in the LocalDevelopment Scheme which does not form part ofthe Replacement UDP and is published separately.

Introduction18

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19Calderdale in Context

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2 Calderdale in Context

The District of Calderdale

2.1 Calderdale is a Metropolitan District formingpart of the County of West Yorkshire which includesthe cities and towns of Leeds, Bradford, WakefieldHuddersfield, Dewsbury, Halifax and Keighley.Calderdale has an area of over 360 square kilometres(140 square miles) and is about 30km (19 miles) eastto west and 24km (15 miles) north to south. Only alittle over 13% of the District can be regarded as beingpart of any built-up urban area. The majority of theDistrict is rural or urban fringe in character and isdominated by the high-level moorland of the SouthPennines and other open land and pasture, whichsurrounds and provides the setting for the towns andother settlements. The South Pennines provides avital corridor in the Pennine Chain from the PeakDistrict National Park to the Dales National Park andNorth Pennines Area of Outstanding Natural Beauty(AONB).

To the east lies the main part of the West Yorkshireconurbation. Leeds, the regional capital of Yorkshireand the Humber, is only 14 miles from Halifax, whilstto the west Manchester is 23 miles from Halifax andabout 11 miles from the District boundary. The M62Motorway links Lancashire and Yorkshire and themain north/south national roads (M6 and M1/A1)together with the main northern ports of Liverpool andHumberside. The M62 runs along the southernboundary of Calderdale District at a high level. TheCalder Valley railway provides good train servicesbetween Lancashire and Yorkshire serving a varietyof destinations within and outside Calderdale. TheDistrict therefore stands as an important link betweenthese two major economic centres and the influencesof both are experienced within it.

The major towns of Huddersfield and Bradford, bothunder seven miles from Halifax, also act as significanteconomic, retail, social and cultural influences uponCalderdale. As a result the patterns of commuting toemployment and education facilities are very complex.The choice and range of shopping and other facilitiesoutside Calderdale means that there is muchmovement to more distant locations for shopping andleisure activities.

Population

2.2 The District is the sixth largest of the 36Metropolitan Districts in terms of land area, but is thefifth smallest in terms of population. Almost half of itsresidents live within the built-up area made up of the

towns of Halifax and Sowerby Bridge.The populationof Calderdale is approximately 194,300 (2004mid-year estimate). There have been fluctuationsover the previous ten years due to changing patternsof migration. The latest Government populationprojections (2003) indicate that the population willrise rapidly over the next ten years, this contrasts witha steady decline that was experienced in the Districtduring the early 1990s.

The population projections indicate that the populationwill continue to rise over the next few years toapproximately 199,200 by the end of the decade andto 204,000 by 2014. The numbers of children under16 years are forecast to decline by about 3% between2004 and 2014, whilst people between 45 andretirement are expected to increase by about 13%.Older people (over retirement age) are expected toincrease by 18%.

Calderdale's small ethnic population accounts forabout 7% of the District’s population (Census 2001).This is below the average for England and Wales(9%) and significantly less than the 11.4% for WestYorkshire as a whole. The majority of this ethnicpopulation is of Pakistani/Kashmiri origin and mainlylives within the west central area of Halifax, wherethey make up over 50% of the population. The ageprofile of the ethnic minority population is young, withabout 30% being under 16 years old, compared toabout 20% within the white population. There aresmall concentrations of minority ethnic populationsliving in Elland and Todmorden.

Households

2.3 The number of households within the Districtis very difficult to estimate. Different studies andprojections produce different results. However,according to the 2003-based Household Projectionsthere were about 84,000 households in Calderdalein 2006. This is projected to increase to 90,000 by2016.The Regional Spatial Strategy for Yorkshire andthe Humber which covers the period to 2016,estimates that in order to meet the housing needs ofthe Region there is a requirement for an additional8,100 dwellings to be provided in Calderdale.

The Housing Stock

2.4 The housing stock reflects the era of rapiddevelopment in the late 19th century with 48.8% ofprivate sector housing built before 1919. This issignificantly higher than other Districts within WestYorkshire and well above the West Yorkshire averageof 35.5%. It is predominantly owner occupied and

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illustrates social diversity, from the barn and millconversions that house more affluent residents, tothe rows of cramped terraces that need considerableinvestment and repair. The District has a relativelylow proportion of detached or semi-detached housesand flats and a far higher proportion of terracedhousing. Social housing accounts for 17% of theDistrict’s housing stock. Average household size, incommon with other areas, is decreasing.

In common with other attractive areas of northernEngland, house prices have continued to rise overthe past year and have accelerated relative to thenational average. The average price of a house orflat is now (July 2006) over £160,000, although thereare wide variations between types of property and indifferent parts of the District. An annual average of650 new or converted properties have beencompleted over the past five years, and over 1,000have been built in the last financial year. There arein excess of 5,000 further dwellings with planningpermission.

Local Economy

2.5 The District’s traditional economic base wasfounded on textiles, engineering and othermanufacturing industries. In recent years, serviceindustries have overtaken manufacturing in terms ofnumber of employees. Employment in the financialservices has increased significantly, HBOS is thesingle biggest private sector employer andtourism-related jobs have risen. However,manufacturing continues to account for almost aquarter of local employment, far above WestYorkshire and national levels.

Whilst more men than women are in work, increasingnumbers of both men and women work part-time.Average pay is below national hourly rates but aboveWest Yorkshire averages. Increasingly, the workforceis more mobile, with 31% of residents working outsidethe District and 38% of jobs in Calderdale being filledby people from other areas.

The overall unemployment rate is 2.2%, well belowthe regional average and under that for the UK. InCalderdale, one in twenty people who are out of workhave been without jobs for longer than 12 monthsand just under one third are under 25 years old. From2001 Census data, 17% of those in the minority ethnicpopulation seeking work were unemployed, comparedto 5% in the white population.

Social Profile

2.6 The social characteristics of the District arevaried. Some rural and semi-rural areas that are closeto good communications are growing as a result ofnew housing developments, with people commutingtypically to Leeds or Manchester for employment. Incontrast, some residents of remote and scatteredrural settlements lack access to the facilities availablein the larger towns of the District Some smallcommunities are experiencing a contraction in localservices.

Calderdale's diverse communities contain contrastsof affluence and poverty. The Index of MultipleDeprivation (2004) shows that Calderdale ranksbetween 65th and 87th out of 354 districts on the sixindices of deprivation.

Areas with the highest levels of multiple deprivationare within the Halifax wards of Park, Ovenden,Illingworth & Mixenden and Town. Significant pocketsof deprivation are also found in other wards. For thoseaffected, particularly outside Halifax, difficulties withtransport and access compound other aspects ofsocial exclusion.

Within the urban areas in particular, characteristicsassociated with low incomes and poverty are present.There is a high proportion of households with no carrelative to national figures. Lone parents comprise arelatively high proportion of households with childrenunder 16 years old. In April 2005, 20% of householdsreceived Council Tax Benefit. In two wards, the figureexceeded 30%. Altogether, 45% of all people claimingbenefits administered by the Council are pensioners.

By contrast, in other parts of the urban areas, and inthe rural areas, there are signs of increasingprosperity. In five wards, a quarter of all householdshave annual incomes above £40,000, compared tothe Calderdale average of just under £27,000.

The Environment

2.7 Calderdale’s environment is one of its greatestassets. About 9,666ha or 27% of the area of theDistrict is designated as Sites of Special ScientificInterest (SSSIs) and is, therefore, of nationalecological or geological importance. Of this about9,450ha is designated as a Special Protection Area(SPA) and Special Area of Conservation (SAC), andis of international importance. Locally importantdesignations, called Sites of Ecological or GeologicalInterest (SEGIs) cover 863ha (2.4%).The Green Beltextends to 22,936ha (63%) of the Borough, whilst the

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quality of the landscape generally is recognised byhaving a Special Landscape Area designationextending to 24,075ha (66%). Common Land may befound in many parts of the Borough and covers5,421ha (15%) where there is additional protectionagainst inappropriate development.

Protected Open Space within the urban and ruralareas amounts to about 1,673ha (5% of the Districtand consists principally of parks, sports fields, schoolplaying fields, allotments, formal and informal playareas and areas of amenity value.

There are over 4,000 Listed Buildings within theDistrict (twice the per capita level for West Yorkshire)and 19 Conservation Areas covering over 512ha.Thewealth of historical structures across the District isindicative of the rich heritage that exists within theSouthern Pennines area and is reflected in the‘Heritage Strategy for the Southern Pennines’, whichwas adopted by the Council in 2001. That Strategywas developed following the designation of theSouthern Pennines by the Countryside Agency andEnglish Nature as a unique Countryside Characteror Natural Area, that warrants a South Pennines wide,holistic approach to the management of its majorheritage assets.

Protection of both the natural and built environmentsis very important to the future wellbeing of the Districtand ensuring that all development meets sustainabilityrequirements is an important part of the Council’sVision for Calderdale. Sustainability, in all its formshas, therefore, been a major consideration in drawingup the Replacement Plan.

Calderdale boasts a tremendous architecturalheritage, including the unique 18th Century Piece Halland over 4,000 Listed Buildings. There is a range ofcultural, recreational and entertainment facilities indifferent parts of the District. Across the District, thereare seven museums and galleries, two cinemas andsome outstanding visitor attractions including thenationally renowned children’s museum, Eureka!.Thesurrounding Pennine moorland provides spectacularwalking country, some of it owned by the NationalTrust.

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Strategic and Core Part One Policies

This Section of the Replacement Calderdale Unitary Development Plan sets out the Part One Strategic andCore Policies for the District.These land use policies are of importance for the whole of the District and providea framework for the detailed Part Two Policies within the Plan. Part One and Part Two Policies along with thereasoned justification are incorporated within the relevant sections of the Plan.

(i) PART ONE PRINCIPLES POLICIES

POLICY GP1: ENCOURAGING SUSTAINABLE DEVELOPMENT

To promote sustainable development by making Calderdale a place where people want to live, work andvisit through:-

I. The improvement of employment opportunities, mixed use development, traffic reductionmeasures and better public transport links;

II. The effective protection and enhancement of the environment;III. The conservation and efficient use of resources; andIV. The promotion of development which recognises the needs of everyone including safety

and security issues.

POLICY GP2: LOCATION OF DEVELOPMENT

In order to promote development in sustainable locations, reduce travel demand and to protect the countryside,all new development should be sited with regard to the following sequence of locational preferences:-

I. On brownfield land within an urban area which is well related to the road network,accessible by good quality public transport, and to services/facilities within the urban area;

II. On an infill site within the main urban areas accessible by good quality public transport,close to services/facilities and subject to achieving urban greenspace and conserving orenhancing the character of the area;

III. On a site within a transport corridor forming an extension to the urban areas of Halifax,Brighouse or Elland, served by good quality public transport, accessible to job opportunitiesand services/facilities, preference to be given to a previously developed site beforegreenfield land;

IV. Within the market towns of Todmorden and Hebden Bridge or within the smaller settlementsof Mytholmroyd, Northowram, Ripponden and Shelf on sites accessible by good qualitypublic transport, well-related to the road network, accessible to job opportunities and closeto services/facilities, preference to be given to previously developed land before greenfieldsites;

V. On a greenfield site in a transport corridor, accessible by good quality public transport,well related to the road network, accessible to job opportunities and close toservices/facilities.

Greenfield sites should be avoided and only regarded as a last resort.

(This policy should be read in conjunction with the sequential approaches for shopping, leisureand housing development within the specific sections).

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POLICY GP3: DEVELOPMENT OUTSIDE URBAN AREAS

Proposals on any site outside the urban areas or transport corridors will be expected to demonstrate thatthey:-

I. Support sustainable development principles;II. Are accessible, or can be made accessible by public transport;III. Are easily accessible to local facilities, local population or employment opportunities; andIV. Will support rural diversification or regeneration.

The individual circumstances of each case will be weighed carefully to ensure that suitable sites are notrejected.

POLICY GP4: PROMOTION OF URBAN AND RURAL REGENERATION AND RENAISSANCE

Policies and proposals should seek to promote and contribute to urban and rural regeneration and renaissanceby:-

I. Strengthening and broadening the economic base and increasing employmentopportunities, particularly in the economically deprived parts of the District;

II. Bringing derelict, redundant, and underused land and buildings back into use;III. The appropriate re-use of land and buildings within existing settlements;IV. Seeking to ensure the protection and enhanced provision of local services, social and

community facilities, including recreation facilities and open space, in accessible locations;V. Creating attractive, safe and secure residential and other urban environments;VI. Valuing local distinctiveness and improving the District's image through high standards

of design;VII. Recognising existing and potential biodiversity value;VIII. Contributing to a clean, attractive and safe natural and built environment; andIX. Involving the local communities.

(ii) PART ONE EMPLOYMENT POLICIES

POLICY GE1: MEETING THE ECONOMIC NEEDS OF THE DISTRICT

The employment needs of the District's mixed economy can be met by:-

I. Allocating land which meets the requirements of existing Calderdale businesses and thosebusinesses new to the district;

II. Safeguarding employment land and buildings capable of re-use and development;III. Using the development control process, where possible and appropriate, to assist economic

development through legal agreements;IV. Providing for office uses in town centres, and in other appropriate areas subject to certain

conditions;V. Providing for warehouse development in appropriate locations;VI. Promoting tourism and related development;VII. Accommodating hotels, motels and other visitor accommodation; andVIII. Accommodating the diversification of the rural economy.


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POLICY GE2: PROVISION OF EMPLOYMENT LAND

Provision is made for about 120 hectares of employment land in Calderdale between 2001 and 2016.

POLICY GE3:THE DEVELOPMENT OF EMPLOYMENT SITES FOR NON-EMPLOYMENT USES

Where non-employment uses are proposed on sites whose current or last use is/was for employmentpurposes, (Use Classes B1 to B8) the provision of a contribution to offset the permanent loss of such a landresource will be sought. Such contributions should help towards economic development initiatives that willassist in bringing economic benefits to the area in which the development is located, be fairly and reasonablyrelated in scale and kind with the employment resource that is being lost and commensurate with thedevelopment proposed.

(This policy applies only to sites where the site area is 0.5ha or more, or where employment floorspace lostis 1,000sq.m (gross) or more).

POLICY GE4: PRIORITIES FOR THE RECLAMATION AND RESTORATION OF DERELICT LAND ANDBUILDINGS

The Council is supportive of development proposals for the reclamation and restoration of derelict anddegraded land and buildings. Priority will be given to the re-use of land for employment purposes, but incircumstances where this is not achievable or appropriate other uses that contribute positively to the visualand physical environmental quality of the area will be supported.

(iii) PART ONE HOUSING POLICIES

POLICY GH1: MEETING CALDERDALE'S HOUSING NEEDS

The housing needs of Calderdale will be met through:-

I. The improvement and maintenance of existing housing and the bringing back into use ofempty homes;

II. The conversion of empty and underused non-residential properties, including those aboveshops and business premises, to housing;

III. The allocation of a range of sites to enable a mix of house types and sizes to be builtwhere such dwellings are accessible to schools, jobs, shops and leisure opportunities,not only by car but also by public transport, walking and cycling;

IV. The provision of affordable housing for those who cannot afford to buy or rent housingwhich meets their needs in the open market and the dispersal of this housing throughoutindividual development sites;

V. The provision of specialised housing accommodation for disadvantaged groups; andVI. Recognition of the need to integrate housing development with open space provision,

community safety and crime prevention, good design reflecting the needs of communitiesand the availability of infrastructure, including school place provision.


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POLICY GH2: PROVISION OF ADDITIONAL DWELLINGS

Part A

I. Provision will be made for around 6,750 additional dwellings to be created within Calderdalebetween 1st April 2001 and 31st March 2016.

II. To prevent oversupply of housing, the council will produce SPD to enable the refusal ofplanning permission, for housing developments which might otherwise be acceptableunder UDP policies, when the forecast net increase in housing stock for the following fiveyears exceeds the prevailing RSS required annual average for that period.

Part B

The target for the proportion of new housing built on previously developed land or arising through theconversion of existing buildings will be in the order of 85%.This figure will be reviewed in the light of up-datesto the Urban Capacity Study.

(iv) PART ONE RETAILING AND TOWN CENTRES POLICIES

POLICY GS1: RETAIL STRATEGY

The benefits of a modern, competitive, environmentally attractive and sustainable retailing sector includingthe upgrading, modernisation and enhancement of retailing provision within town centres and locationshighlighted within the retail hierarchy will be sought which meet the needs of Calderdale's residents.

As part of this strategy the vitality and viability of existing centres will be maintained to ensure that theyremain attractive to shoppers and visitors and can compete effectively with other centres and other formsof retailing.

POLICY GS2:THE LOCATION OF RETAIL AND KEY TOWN CENTRE AND LEISURE USES

Retail development intended to serve a wide catchment area or which might have a significant effect uponlocal shopping patterns, or key town centre and leisure uses should be sited within an existing town centre.Where suitable central sites are not available a sequential approach to site selection should be adopted,with edge of centre sites having preference over out of centre locations. Development should be appropriateto the scale, and character of the centre and the catchment that the development seeks to serve. Proposalsfor retail facilities which in themselves or together with other similar developments with planning permissionin the locality could seriously affect the vitality and viability of any nearby town centre, or would give rise tounacceptable environmental, amenity, traffic, sustainability or other problems will not be permitted.

POLICY GS3: SCALE OF RETAIL PROPOSALS

Retail development proposals should relate to the scale, role and character of the centre within which thedevelopment is to be located and the catchment that the development seeks to serve.Where the developmentis not in scale or character the application should be accompanied by a full appraisal of sustainability.


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(v) PART ONE OPEN SPACE POLICIES

POLICY GOS1:THE PROTECTION AND ENHANCEMENT OF OPEN SPACE, SPORTS AND RECREATIONFACILITIES

Open space, sport and recreation facilities will be protected from inappropriate development and theirprovision and improvement to meet the needs of all Calderdale's residents will be supported. Such facilitiesshall:-

I. Be in convenient and suitable locations well related to the community and users they areintended to serve;

II. Conform to the objectives of sustainable development; andIII. Be accessible by walking, cycling, public and private transport.

POLICY GOS2: AUDIT AND ASSESSMENT OF OPEN SPACE, SPORT AND RECREATION FACILITIESAND NEEDS

An audit of open space, sports, recreational and other facilities and an assessment of community needs forthese facilities will be undertaken. The results of this assessment will inform and guide the Council anddevelopers in establishing need for existing and additional facilities, provide local open space andsports/recreational standards and determine whether land is surplus to requirements. Policies protectingopen space (OS1, OS3 and OS6) would not be applicable to land declared surplus under this audit.

(vi) PART ONE BUILT AND HISTORIC ENVIRONMENT POLICIES

POLICY GBE1:THE CONTRIBUTION OF DESIGN TO THE QUALITY OF THE BUILT ENVIRONMENT

All new development will be required to achieve high standards of design that makes a positive contributionto the quality of the local environment. In particular development should:-

I. Promote sustainable forms of development and embrace the objectives of sustainabledesign;

II. Promote community safety including crime prevention measures;III. Create or retain a sense of local identity;IV. Create roads, footpaths and public spaces that are attractive and safe, and put sustainable

forms of transport and in particular walking, cycling and public transport, before othermotor vehicles;

V. Promote accessibility by constructing buildings that all sectors of the community can easilyreach and enter;

VI. Protect and enhance the District's architectural and historic heritage, landscape andamenity, and contribute to its special character; and

VII. Not harm the character or quality of the wider environment and improve local biodiversity.

POLICY GBE2: PIECEMEAL DEVELOPMENT

Planning permission will not be granted for the piecemeal development of land which would prejudice thedevelopment of a larger area of land for an appropriate beneficial use as indicated on the Proposals Map.


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(vii) PART ONE TRANSPORT POLICIES

POLICY GT1: PROVISION OF A SUSTAINABLE, SAFE AND EFFICIENT TRANSPORT SYSTEM

In order to alleviate problems of congestion, pollution, environmental intrusion, unconstrained traffic growthand those caused by unsustainable development, the provision of an efficient, safe, sustainable and integratedtransport system will be sought which, in conjunction with land use planning policy:-

I. Ensures equality of accessibility including that of the disabled and mobility impaired;II. Encourages the use and provision of public transport and multi-occupancy of vehicles;III. Improves conditions for cycling, walking and non-car borne mobility;IV. Reduces the overall need to travel and supports the reduction of traffic growth whilst also

allowing for necessary new highways and traffic management schemes; andV. Assists in securing sustainable development.

POLICY GT2: PRIORITIES FOR TRANSPORT INVESTMENT

To ensure that transport investment is directed towards proposals that support the development of sustainablecommunities and satisfy sustainable travel needs (including those of the disadvantaged and people withphysical disabilities), particular emphasis will be placed on investment that:-

I. Improves conditions for pedestrians, cyclists and non-car borne mobility;II. Improves traffic and travel conditions, giving priority to the needs of public transport,

business and industry in both urban and rural areas;III. Improves road safety with an emphasis on achieving the maximum reduction in number

and severity of accidents;IV. Assists in urban regeneration or rural diversification;V. Achieves good accessibility to jobs within and outside Calderdale; andVI. Improves poor environmental conditions resulting from traffic congestion, noise pollution

and other problems.

Investment will not automatically cater for peak private vehicle demands, nor provide additional road capacityto improve traffic conditions except where it may be necessary in order to support the needs of sustainabledevelopment within the District.

POLICY GT3: STRATEGIC ROAD NETWORK

To assist in the determination of land-use proposals and the allocation of resources in accordance withPolicy GT2, a strategic road network has been defined, (shown on the Proposals Map) which designatesroads according to their function and helps to define the transport corridors within Policy GP2 as follows:-

Category 1 - Roads that carry inter-regional traffic through Calderdale (the M62, for which the highwaysagency is highway authority. For the purposes of Policy GP2, the M62 does not form a transport corridorwhere development should be focussed).

Category 2 - Roads which link major centres within Calderdale and which connect these centres to theCategory 1 network and to major centres within West Yorkshire and other adjacent areas.

Category 3 - Roads which link secondary centres within Calderdale to major centres within the District andin adjacent areas and to the Category 1 and 2 networks.


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POLICY GT4: HIERARCHY OF CONSIDERATION

To assist in the consideration of development proposals and the design of schemes for transport a hierarchyof consideration has been defined. This will ensure that the needs and safety of each group of road usersare sequentially considered and that each user group is given proper consideration so that new schemeswill ideally improve existing conditions and in any event will not make conditions worse for the more vulnerabletransport users. The Hierarchy of Consideration is as follows:-

I. Pedestrians, people with disabilities and emergency services;II. Cyclists and horse riders;III. Public transport users;IV. Taxis and motorcyclists;V. Deliveries to local areas;VI. Shoppers travelling by car;VII. Other freight movements;VIII. Other high occupancy vehicles; andIX. Other private cars.

The actual priorities and facilities provided for each road user group will vary with individual circumstancesand it may not always be possible or necessary to provide adequate facilities for all road users. However,wherever possible facilities should be provided for pedestrians, people with disabilities, cyclists and bususers.

POLICY GT5:TRANSPORT ASSESSMENTS

Where a Transport Assessment (TA) is required to be submitted alongside a planning application, the TAwill be expected to take account of the Hierarchy of Consideration (Policy GT4) and show how the needsof public transport, pedestrians, cyclists, the disabled and wheelchair users, have been taken into account.The measures needed to mitigate any transport problems arising from the development should be set outin the assessment and the Council will seek to ensure that these are implemented as part of the developmentthrough the use of planning conditions or planning obligations.

POLICY GT6: HIGHWAY AND PEDESTRIAN IMPROVEMENTS ASSOCIATED WITH DEVELOPMENT

Where highway or pedestrian access improvements are required to facilitate the development of sitesidentified within the UDP, enable other land to be brought forward for development or implement the findingsof a Transport Assessment (TA), the council will seek to assist developers to achieve such improvementsand ensure that development and associated highway or pedestrian access improvements are carried outin a comprehensive way, which:-

I. Optimise development in accordance with sustainable development principles;II. Facilitate direct, safe and attractive pedestrian movements;III. Safeguard the proper planning of the district;IV. Take account of the Hierarchy of Consideration (Policy GT4); andV. Other relevant UDP Policies.


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POLICY GT7: HIGHWAY PROPOSALS

The following improvement to the strategic road network will be safeguarded:-

Halifax, North-South Traffic Improvements, (Church Street Widening).

(viii) PART ONE INFRASTRUCTURE, EDUCATION AND COMMUNITY FACILITIES POLICIES

POLICY GCF1: INFRASTRUCTURE AND OTHER NEEDS ARISING FROM DEVELOPMENT

All education, highways, sewerage, drainage, flood prevention, landscaping, open space, nature conservation,public transport or other identified needs generated directly by any development within a local area shouldbe provided in a timely manner by the developer either on or off-site. Conditions will be imposed, wherenecessary, to the grant of planning permission to ensure the provision of adequate facilities to an appropriatetimescale. Alternatively a planning obligation may be entered into to secure necessary facilities througheither direct provision and/or by a financial contribution to be made for the timely provision of facilities nearby.

POLICY GCF2: DEVELOPMENT ENABLING STATUTORY UNDERTAKERS

Development which will enable statutory undertakers to meet their statutory obligations and to comply withthe relevant environmental standards enacted in Government and European Union legislation will be permittedprovided that:-

I. Mitigation measures are put in place to alleviate significant adverse impacts from thedevelopment;

II. The design of the development respects the character of the area andIII. The development is consistent with other relevant UDP Policies.

POLICY GCF3: STRATEGIC FRAMEWORK FOR COMMUNITY FACILITIES

The provision and improvement of a wide range of social, community, education, sports, arts, health andother facilities to meet the needs of all Calderdale’s residents will be supported. Such facilities shall:-

I. Be in locations well related to the community and users they are intended to serve;II. Be accessible by good quality public transport, and by private transport, including walking

and cycling; andIII. Create no unacceptable environmental, amenity, traffic, safety or other problems.

POLICY GCF4: MATCHING SCHOOL FACILITIES TO EDUCATIONAL NEEDS

In order to ensure that the range and quality of school sites, buildings and facilities match the needs ofeducation in Calderdale, the Council will continue to prepare and, subject to the availability of resources,implement development programmes. In meeting this objective, the Council will:-

I. Achieve the improvement of school premises in need of alteration, repair or maintenanceto meet the changing requirements of curriculum delivery and community use;

II. Create new or extended schools in areas of need; andIII. Close existing schools where the existing provision is no longer necessary or most

appropriate.


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POLICY GCF5: CRITERIA FOR PREPARING EDUCATION INFRASTRUCTURE PROGRAMMES

Programmes for the provision of new, refurbished or extended educational buildings and facilities, in linewith the Council’s Asset Management Plan and the School’s Asset Management Plan, will be prepared andbe subject to the following criteria:-

I. The design and location of the proposed works enhances community use of the educationalpremises;

II. The proposals incorporate adequate space to meet the educational needs of the curriculumoffered;

III. The proposals, where appropriate, incorporate adequate car parking, servicingarrangements and appropriate facilities to accommodate public transport;

IV. The proposals incorporate inclusive design elements to ensure reasonable access for thedisabled;

V. The proposals would not cause an unacceptable loss of amenity to the occupiers ofproperty around the site;

VI. The proposals would, where reasonable, be designed in line with the DfES BuildingBulletins;

VII. The proposals would create no unacceptable environmental, amenity, traffic, safety orother problems; and

VIII. Would be consistent with other relevant UDP Policies.

(ix) PART ONE NATURAL ENVIRONMENT AND OPEN COUNTRYSIDE POLICIES

POLICY GNE1: CONTAINMENT OF THE URBAN AREA

A Green Belt will be maintained around the main built-up areas. The Plan will seek to restrain developmentoutside the urban areas through the general extent of the Green Belt.

POLICY GNE2: PROTECTION OF THE ENVIRONMENT

Development should protect, conserve and enhance the character, quality and diversity of the natural, historicand cultural environment (whether in urban or outlying areas) within the district in order to improve the qualityof life for all and to maintain the natural heritage of the district for use by future generations and for its ownsake.

(x) PART ONE ENVIRONMENTAL PROTECTION POLICIES

POLICY GEP1: PROTECTION OF ENVIRONMENTAL QUALITY

Development should contribute to the management of pollution, hazards and flood risk through relevantcontrol measures and risk minimisation.

POLICY GEP2: MANAGEMENT AND CONSERVATION OF NATURAL RESOURCES

Development proposals should incorporate the sustainable and efficient use of the District's natural resourcesand maximise the use of potential renewable energy resources.


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(xi) PART ONE MINERALS POLICIES

POLICY GM1: MINERALS STRATEGY

Provision will be made for a continuing supply of minerals including aggregates and recycled and secondarymaterials in accordance with national and regional guidance having regard to the need to encourage theefficient use of aggregates and minimisation of waste, and to safeguard the environment and protect localcommunities.

Measures will be undertaken to ensure that mineral working does not create unacceptable environmental,amenity, traffic, safety and other effects on the landscape, environment and local inhabitants, and that sitesare restored to a beneficial after-use.

POLICY GM2: AGGREGATE MINERALS

Proposals for aggregate mineral extraction will be assessed against the aim of maintaining a land-bank ofpermitted reserves of aggregate minerals, and will continue to contribute towards meeting Calderdale'sshare of the aggregates demand in the region on the advice of the Yorkshire and the Humber RegionalAggregates Working Party, in accordance with regional and national guidance.

POLICY GM3: RECYCLING

The recycling and re-use of minerals and materials (such as concrete, brick, ash and colliery shale) will beencouraged as alternatives to newly won minerals wherever this is feasible and where it can be carried outin an environmentally acceptable manner, for the purpose of safeguarding resources and in order to minimisethe need for new or extensions to mineral workings.

(xii) PART ONE WASTE MANAGEMENT POLICIES

POLICY GWM1: WASTE STRATEGY

A Waste Management Hierarchy will be promoted in accordance with national and regional guidance whichfavours, in order of priority:-

I. ReductionII. Re-useIII. Recovery, recycling and composting,IV. Energy recovery; andV. Disposal to landfill

POLICY GWM2: NEW WASTE FACILITIES

Proposals for the development of new waste facilities will be considered on the basis of:-

I. Local need and/or regional requirements;II. The proximity principle;III. Regional self-sufficiency;IV. The Waste Management Hierarchy in Policy GWM1; andV. Other relevant considerations.


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35Guiding Principles and Key Themes

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3 Guiding Principles and KeyThemes

Introduction

3.1 Calderdale Council’s Vision Statement (June2006) builds upon the work of the CommunityStrategy 2006 by setting an ambition which seeks :

“.... to make Calderdale a clean, safe, attractive andthriving area for individuals and families to enjoy asresidents, workers or visitors.”

The appropriate use of land plays a key role in theattainment of this ambition.

3.2 The aim of this Section is to establish a clearand coherent strategy for the UDP within the contextof the Community Strategy framework. The overallobjectives of the Plan are based on promotingeconomic, social and environmental wellbeing withinthe context of sustainable development. Whilst thePlan is primarily a land use strategy, its policies areinterrelated with wider socio-economic andenvironmental considerations. In particular, thesuccess of the strategy will depend on the sustainablerevitalisation of those parts of the District affected bydecline, both socially and economically, along withthe protection of those parts of the District that areworthy of retention. The UDP also recognises thedirect relationship between environmental quality andlevels of economic activity and social regeneration.

3.3 Key strategic choices have already been madefor many issues. It is the role of the UDP to developland use policies which carry these forward in aconsistent way. The Community Strategy focuses ona series of priorities.These are identified in Table 3.1below along with a summary of how these prioritieswill be met through the application of the UDPpolicies.

Table 3.1 Community Strategy Priorities andAttainment within the Replacement UDP

Community Strategy Priority

SUSTAINABLE ECONOMIC GROWTH ANDEMPLOYMENT

Attainment of Priorities through UDP Policies

Provision of a range of employment sites.Support for employment generatingdevelopment.Protection of existing employment land.


Stimulation of economic regeneration.Promoting the vitality and viability of theDistrict’s town centres.Promotion of tourism and rural diversification.Promotion of public transport.

HEALTHY COMMUNITIES


Protection, enhancement and provision ofaccess to a diverse range of leisureopportunities, such as open space, localfacilities and the countryside for all to enjoy ahealthy lifestyle.Provision of affordable homes and accessiblehousing to meet the District’s housing needs.Consideration of residential and other amenitywithin development proposals.Promotion of community safety through‘designing out crime’ measures in newdevelopment.Protection of air quality and other pollutioncontrols.Promotion of cycling and walking as transportmodes.Support for new medical, dental and healthfacilities.Traffic management to improve road safety.Promotion of housing renewal areas and othermeans of improving the housing stock.

SAFE COMMUNITIES


Promotion of community safety through‘designing out crime’ measures in newdevelopment.Traffic management to improve road safety.

LIFELONG LEARNING


Co-ordination of school land and buildingrequirements to ensure educational needscan be met.Promotion of school facilities for widercommunity use.

Guiding Principles and Key Themes36

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A GOOD ENVIRONMENT AND STABLECOMMUNITY


Management and control of waste.Promotion of public transport, cycling andwalking.Promotion of Green Transport Plans.Provision of community and rural transport.Maintaining the viability and vitality of towncentres.Provision and protection of open space andsports and recreation facilities.Protection of natural resources such as air,water and energy sources.Protection of the heritage and landscape etc.Involvement of the public in the UDP process.Promotion of high quality design withindevelopment schemes.Giving priority to the development ofpreviously used land.Promotion of the refurbishment and re-use ofvacant or underused buildings.Provision of a mix of house types and sizeswithin new housing developments, includingaffordable housing.Ensuring the efficient use of land resourcesthrough the achievement of suitable housingdensities.

Sustainability

3.4 Rapid changes in the twentieth century havecombined to produce a wide range of global, social,environmental and economic issues, which havebecome increasingly widespread and now have aneffect at the local level in Calderdale. Sustainabledevelopment is a well-established concept which hasarisen in response to increasing concern over theadverse impact of human activity, particularly becauseof the effect it has on the environment and the naturalresources upon which all life depends andconsequently, the quality of people's lives.

3.5 Put simply, sustainable development meansdoing things that benefit everyone now and in thefuture. This stems from the original Brundtlanddefinition of sustainable development, “developmentthat meets the needs of the present, withoutcompromising the ability of future generations to meettheir own needs” (Our Common Future - Brundtland

Report 1987) which is also adopted in PPG1 ‘GeneralPolicies and Principles’ (1997) and PPG11 ‘RegionalPlanning’ (2000). The Regional Spatial Strategy forYorkshire and the Humber to 2016 (based on aselective review of RPG12), published in December2004, further develops these definitions and statesthat:-

"Implicit in these formulations are commitments:-

a. not to cause irreversible damage to the naturalsystems that support life;

b. to aim for no net loss overall in environmentalassets that are valued for maintainingbiodiversity and enhancing the quality of life;and

c. to make progress towards all economic,environmental and social objectives."

3.6 Sustainable development is a key feature of allGovernment programmes and ensures that a balanceis struck between environmental, social and economicissues.The Government’s commitment to sustainabledevelopment is built around four broad objectives:-

i. maintenance of high and stable levels ofeconomic growth and employment;

ii. social progress which recognises the needs ofeveryone;

iii. effective protection of the environment; andiv. prudent use of natural resources.

3.7 The Government published the consultationdraft of PPS1 'Creating Sustainable Communities' inFebruary 2004.This set out the role that planning hasto play in facilitating and promoting sustainablepatterns of urban and rural development. This is tobe achieved through:-

i. making suitable land available for developmentin line with economic, social and environmentalobjectives to improve the quality of life;

ii. contributing to sustainable economic growth;iii. protecting and where possible, enhancing the

natural and historic environment and the qualityand character of the countryside and existingsuccessful communities;

iv. ensuring high quality development through gooddesign; and

v. ensuring that development supports existingcommunities and contributes to the creation ofsafe, sustainable and livable communities withgood access to jobs and key services.

The Replacement Calderdale UDP incorporates theseaims.


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3.8 The Regional Spatial Strategy for Yorkshire &the Humber (RSS) (2004) places the concept ofsustainable development at the centre of the strategyfor the Region. This document is now part of theStatutory Development Plan for Calderdale as a resultof the provisions of the Planning and CompulsoryPurchase Act 2004.

3.9 At the local level, Calderdale has a long historyof involvement in environmental matters.The Councilcarried out a ‘State of the Environment’ Audit during1993 and an Environmental Charter was subsequentlydrawn up and adopted in 1994. In 1997 theCalderdale Environmental Forum (now theSustainability Forum) was established as an advisorybody to look at the many ways in which everyonecould contribute to the quality of life in the Districtfrom an environmental, social and economic point ofview.This culminated in the Council preparing a LocalAgenda 21 Strategy: ‘21 For 21 - A Plan For Livingby Common Sense’ in 2000 which recognises theimportance of achieving sustainable development.More recently the Calderdale Community Strategyalso identifies sustainable development as one of thekey cross-cutting issues for the District.

3.10 The Council’s Corporate Vision, Local Agenda21 Strategy and Community Strategy set the overallgoals for the District. The UDP complements theobjectives of these plans by providing the spatialexpression of how priorities and locations for landuse will achieve this vision. At its heart is theimportance of achieving sustainable development.The Plan promotes development necessary to meetthe District’s needs, which is carefully located andplanned to avoid or at least minimise adverseenvironmental impact and ensure the most efficientand effective use of key resources, such as land,buildings and energy. The strategy of the Plan istherefore:-

POLICY GP 1

ENCOURAGING SUSTAINABLEDEVELOPMENT

TO PROMOTE SUSTAINABLEDEVELOPMENT BY MAKING CALDERDALEA PLACE WHERE PEOPLE WANT TO LIVE,WORK AND VISIT THROUGH:-

I. THE IMPROVEMENT OF EMPLOYMENTOPPORTUNITIES, MIXED USEDEVELOPMENT,TRAFFIC REDUCTION

MEASURES AND BETTER PUBLICTRANSPORT LINKS;

II. THE EFFECTIVE PROTECTION ANDENHANCEMENT OF THEENVIRONMENT;

III. THE CONSERVATION AND EFFICIENTUSE OF RESOURCES; AND

IV. THE PROMOTION OF DEVELOPMENTWHICH RECOGNISES THE NEEDS OFEVERYONE INCLUDING SAFETY ANDSECURITY ISSUES.

Table 3.2 below identifies the key sustainabledevelopment objectives and how these will beachieved in the UDP. These objectives are used inthe Sustainability Appraisal of the UDP, which isdescribed in paragraphs 3.22 to 3.26.

Table 3.2 Key Sustainable Development Objectives

Sustainable Development Objectives

FACILITATION OF ECONOMIC PROSPERITYAND GROWTH

Attainment of Objectives through UDP policies

Provision of a range of employment sites.Encouragement of employment generatingdevelopment.Protection of existing employment land andbuildings.Stimulation of economic regeneration.Promoting vitality and competitiveness in theDistrict’s town centres.Promotion of tourism and rural diversification.

PROMOTION OF SOCIAL EQUITY, CHOICE ANDINCLUSION


Provision of wider opportunity and choice inhousing tenures to ensure everyone has theopportunity for a decent home and protectedlocal amenity.Regeneration of the communities inCalderdale.Improvement and protection of theenvironment to make urban living moreattractive, safe and secure.Ensuring accessibility to buildings.Protecting, enhancing and providing accessto a diverse range of leisure opportunities,


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such as open space, local facilities and thecountryside, for all to enjoy a healthy lifestyle.Inclusive public consultation throughout theUDP process.

PROTECTION AND ENHANCEMENT OF RURALCOMMUNITIES, RURAL LANDSCAPE AND ITSDIVERSE CHARACTER


Protection of the Green Belt frominappropriate development.Protection of sites of nature conservationvalue.Protection of the designated SpecialLandscape Area.Encouragement of rural diversification.Meeting affordable housing requirements.Control of pollution, flood risk and air quality.Encouragement of safe and secure newdevelopments.Increase tree cover in Calderdale and supportwoodland management.Provision of needed facilities in accessiblelocations.Stimulation of rural regeneration.Protection and improvement of river corridors.Protection and conservation of the historicenvironment.

MAKING FULL USE OF URBAN LAND


Priority to the development of previouslydeveloped land.Promotion of the refurbishment and re-use ofvacant or underused buildings.Increasing the density of development withouttown cramming.Protection of open space.

PROTECTION AND ENHANCEMENT OF URBANCOMMUNITIES


Meeting housing and employment needs inaccessible locations within or close to mainsettlements.


Stimulation of urban regeneration.Controlling pollution, flood risk and air quality.Protection of historic assets.Protection and creation of open space andsites of nature conservation value.Provision of needed facilities in accessiblelocations.

PROTECTION AND ENHANCEMENT OFRESOURCES


Protection, maintenance and enhancementof biodiversity.Promoting development that uses energy asefficiently and effectively as possible tominimise waste and pollution.Safeguarding natural resources.Improving energy efficiency in newdevelopments.

PROMOTION OF SUSTAINABLE TRAVEL ANDROAD TRAFFIC REDUCTIONS


Promotion and provision of development inaccessible locations close to public transportnodes to reduce the need to travel.Encouraging mixed-use developments.Integrated approach to transport to promotedifferent modes of transport.Encouraging environmentally friendly formsof travel in order to reduce the need to usethe car.Maintenance of local facilities.Increasing density of development.Promotion of measures to achieve trafficreduction.

LIMIT AND REDUCE POLLUTION


Minimising travel needs and maximising useof energy efficient modes of transport.Controlling all forms of pollution.Encouraging the use of renewable energysources.


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Protection of trees and encouragement of treeplanting.Improving the energy efficiency in newhousing.Promote waste reduction and a moresustainable waste management strategy.Traffic reduction measures.

These objectives are established in the Part One andPart Two policies of the UDP. They provide a robustbasis to ensure that sustainable development isachieved throughout the Plan in the context of thestrategy identified in POLICY GP 1.

Location of Development

3.11 Advice from the Government in PPG12‘Development Plans’ (1999), PPG13 ‘Transport’(2001) and PPG3 ‘Housing’ (2000) and RPG12 (2002and 2004) all stress the importance of promoting moresustainable locations for development. This involvesmaximising the use of the existing transportinfrastructure and providing more high quality publictransport opportunities to encourage people to travelby more sustainable modes where possible, reducethe need to travel and reduce associated pollutionlevels. The Plan also aims to achieve sustainabledevelopment objectives by promoting urban and ruralregeneration and the strengthening of existingcommunities. Strategies to assist economic, socialand environmental regeneration play a central role inmaking the District an attractive place in which to liveand work.

3.12 An integrated approach to land use andtransportation planning is essential if the Council’saims of providing equality of opportunity for all, trafficgrowth reduction and the further development ofsustainability are to be achieved. It is important thatdevelopment does not exacerbate existing transportproblems or create new ones and contributes tosustainable development objectives. In particular,travel opportunities for the disadvantaged (includingpeople without access to a car, those with disabilitiesand those who are elderly) should be equally as goodas for those who benefit from usage of a car, whilstopportunities to reduce the reliance upon the privatecar should be provided. It is therefore essential thatthe location of development is considered within aframework which takes into account public transportprovision and general levels of accessibility for privatecars. POLICY GP 2 requires that development is

located in sustainable locations and helps to definethese by reference to transport corridors andpreviously developed land. For the purposes of theinterpretation of the Policy Calderdale has three majortransport corridors (a transport corridor is defined inPOLICY GT 3) -

i. A58 East/A6036/A646/A58 West Corridor:Bradford-Shelf-Northowram-Halifax andLeeds-Hipperholme to Halifax continuing toMytholmroyd, Hebden Bridge, Todmorden,Rochdale/Burnley and through Ripponden toOldham, including the Caldervale Railwayroutes;

ii. A629 Huddersfield to Elland to Halifax toIllingworth (Keighley); and

iii. A641 Huddersfield to Brighouse to Bradford.

The sequence of preferred locations for developmentaccords with those set out in RSS (2004) Policies P1and H2.

Within rural areas, the Council will weigh the benefitsof development in terms of the regeneration of therural economy and social wellbeing, against anypossible lack of public transport provision. TheCouncil will not preclude development in rural areasjust because of a lack of public transport provision.The following Part One Policies will therefore apply:-

POLICY GP 2

LOCATION OF DEVELOPMENT

IN ORDER TO PROMOTE DEVELOPMENT INSUSTAINABLE LOCATIONS, REDUCETRAVEL DEMAND AND TO PROTECT THECOUNTRYSIDE, ALL NEW DEVELOPMENTSHOULD BE SITED WITH REGARD TO THEFOLLOWING SEQUENCE OF LOCATIONALPREFERENCES:-

I. ON BROWNFIELD LAND WITHIN ANURBAN AREA WHICH IS WELLRELATED TO THE ROAD NETWORK,ACCESSIBLE BY GOOD QUALITYPUBLIC TRANSPORT, AND TOSERVICES/ FACILITIES WITHIN THEURBAN AREA;

II. ON AN INFILL SITE WITHIN THE MAINURBAN AREAS ACCESSIBLE BY GOODQUALITY PUBLIC TRANSPORT, CLOSETO SERVICES/FACILITIES ANDSUBJECT TO ACHIEVING URBANGREENSPACE AND CONSERVING OR


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ENHANCING THE CHARACTER OF THEAREA;

III. ON A SITE WITHIN A TRANSPORTCORRIDOR FORMING AN EXTENSIONTO THE URBAN AREAS OF HALIFAX,BRIGHOUSE OR ELLAND, SERVED BYGOOD QUALITY PUBLIC TRANSPORT,ACCESSIBLE TO JOB OPPORTUNITIESAND SERVICES/FACILITIES.PREFERENCE TO BE GIVEN TO APREVIOUSLY DEVELOPED SITEBEFORE GREENFIELD LAND;

IV. WITHIN THE MARKET TOWNS OFTODMORDEN AND HEBDEN BRIDGEOR WITHIN THE SMALLERSETTLEMENTS OF MYTHOLMROYD,NORTHOWRAM, RIPPONDEN ANDSHELF ON SITES ACCESSIBLE BYGOOD QUALITY PUBLIC TRANSPORT,WELL RELATED TO THE ROADNETWORK, ACCESSIBLE TO JOBOPPORTUNITIES AND CLOSE TOSERVICES/FACILITIES. PREFERENCETO BE GIVEN TO PREVIOUSLYDEVELOPED LAND BEFOREGREENFIELD SITES;

V. ON A GREENFIELD SITE IN ATRANSPORT CORRIDOR, ACCESSIBLEBY GOOD QUALITY PUBLICTRANSPORT, WELL RELATED TO THEROAD NETWORK, ACCESSIBLE TOJOB OPPORTUNITIES AND CLOSE TOSERVICES/FACILITIES.

GREENFIELD SITES SHOULD BE AVOIDEDAND ONLY REGARDED AS A LAST RESORT.

NOTE: This policy should be read inconjunction with the sequential approachesfor shopping, leisure and housingdevelopment within the specific sections.

POLICY GP 3

DEVELOPMENT OUTSIDE URBAN AREAS

PROPOSALS ON ANY SITE OUTSIDE THEURBAN AREAS OR TRANSPORTCORRIDORS WILL BE EXPECTED TODEMONSTRATE THAT THEY:-

I. SUPPORT SUSTAINABLEDEVELOPMENT PRINCIPLES;

II. ARE ACCESSIBLE, OR CAN BE MADEACCESSIBLE BY PUBLIC TRANSPORT;

III. ARE EASILY ACCESSIBLE TO LOCALFACILITIES, LOCAL POPULATION OREMPLOYMENT OPPORTUNITIES;

IV. WILL SUPPORT RURALDIVERSIFICATION OR REGENERATION.

THE INDIVIDUAL CIRCUMSTANCES OFEACH CASE WILL BE WEIGHED CAREFULLYTO ENSURE THAT SUITABLE SITES ARENOT REJECTED.

The Regeneration and Renaissance ofthe District

The Vision for the Regeneration and Renaissanceof Calderdale

3.13 Calderdale Council’s vision statement is notedat the start of this Section. One of the Council’scorporate priorities that underpins this vision is thepromotion of sustainable economic growth, respectinglocal heritage and improving our towns, villages andneighbourhoods. The successful regeneration andrenaissance of Calderdale requires a holisticapproach dealing with the whole range of associatedeconomic, environmental and social problems in acomprehensive and co-ordinated fashion. Consistentwith these wider Council objectives, the regenerationof urban and rural communities is a fundamentalobjective for the UDP and a vital component of itssustainability agenda and is therefore encompassedin the Part One POLICY GP 4.

3.14 The UDP and in particular POLICY GP 4,identifies how priorities and locations for land use canhelp to achieve the Council’s vision. The aim is tofoster the regeneration of existing urban and ruralsettlements of all sizes, making them more attractive,high quality and safe places in which to live, work,shop, spend leisure time and invest, whilst alsoprotecting and enhancing the attractive features andtackling problem areas. This approach is outlined inPolicy S3 of the RSS. In addition the Urban and RuralWhite Papers (2000) set out the Government’s broadapproach to help achieve this. Whilst some of themeasures that can be taken to help achieve the aimsare influenced by the planning process, some are not,but nevertheless these may be of equal significanceto regeneration. The UDP aims to provide theappropriate framework for land use and developmentdecisions, which will assist the process ofregeneration.


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The Focus of Regeneration and Renaissance

3.15 There are two principal thrusts to theregeneration and renaissance agenda that are beingpursued throughout the UDP. The first aim is centredon urban areas and is founded on the Government’svision contained in the Urban White Paper 'Our Townsand Cities: the Future - Delivering an UrbanRenaissance' (2000) that towns, cities and suburbsshould offer a high quality of life and opportunity forall. The new vision of urban living is of:-

communities shaping their own future;people living in attractive, well kept towns andcities;good design and planning which makes itpractical to live in an environmentallysustainable way;the creation and sharing of prosperity; andgood quality services that meet the needs of all.

3.16 In short, this is a vision of an urbanrenaissance that will benefit everyone, making townsand cities vibrant and more attractive and secureplaces where people will choose to live, and helpingprotect the countryside from development pressure.

3.17 The second focus of the regeneration andrenaissance vision is based on the outlyingcountryside areas and the overall aim founded on theRural White Paper: Our Countryside - the Future(2000) is to sustain and enhance the distinctiveenvironment, economy and social fabric of thecountryside for the benefit of all.

How can the Regeneration and RenaissanceAgenda be Achieved?

3.18 The regeneration and renaissance agendainvolves the co-ordination of the programmes andplans of both public and private sectors to ensure thatresources are used effectively to bring about new jobopportunities, better housing and general livingconditions and to protect and enhance theenvironment in its widest sense. The scale and paceof regeneration will be affected by the availability ofresources and government funding programmes.Most importantly, the regeneration process shouldbe led by or at least supported by the people mostaffected, the local community. This will requireconsiderable co-operation between the public and anumber of key partners from the public, private andvoluntary sectors.

3.19 The aims of the regeneration and renaissanceagenda can be achieved through various Council

policies and initiatives, the UDP being one suchmeans. Within the UDP there are various policieswhich either individually or collectively can helpachieve the aims. The UDP’s policies and proposalswill therefore encourage and promote appropriateregeneration opportunities through:-

giving preference to the development ofpreviously developed land;providing adequate land in appropriate locationsfor employment related purposes;providing adequate land in appropriate locationsfor housing and ensuring the provision ofadequate levels of affordable housing;encouraging the concept of mixed usedevelopment in appropriate locations;encouraging retailing in appropriate locations;promoting the re-use and redevelopment ofderelict, underused and empty land andbuildings;enabling and encouraging housing renewal totake place;maintaining and building healthy communities;eradicating social exclusion;protecting and creating biodiversity, openspaces, leisure areas and sports and recreationfacilities;promoting safety and crime preventionmeasures in development;encouraging the provision and use ofsustainable modes of transport;protecting areas of environmental importancefrom inappropriate development;developing tourism; andencouraging the diversification of the ruraleconomy.

3.20 Accordingly, POLICY GP 4 identifies howpolicies and proposals can contribute to theregeneration and renaissance objectives of theDistrict:-

POLICY GP 4

PROMOTION OF URBAN AND RURALREGENERATION AND RENAISSANCE

POLICIES AND PROPOSALS SHOULD SEEKTO PROMOTE AND CONTRIBUTE TO URBANAND RURAL REGENERATION ANDRENAISSANCE BY:-

I. STRENGTHENING AND BROADENINGTHE ECONOMIC BASE AND


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INCREASING EMPLOYMENTOPPORTUNITIES, PARTICULARLY INTHE ECONOMICALLY DEPRIVEDPARTS OF THE DISTRICT;

II. BRINGING DERELICT, REDUNDANT,AND UNDERUSED LAND ANDBUILDINGS BACK INTO USE;

III. THE APPROPRIATE RE-USE OF LANDAND BUILDINGS WITHIN EXISTINGSETTLEMENTS;

IV. SEEKING TO ENSURE THEPROTECTION AND ENHANCEDPROVISION OF LOCAL SERVICES,SOCIAL AND COMMUNITY FACILITIES,INCLUDING RECREATION FACILITIESAND OPEN SPACE, IN ACCESSIBLELOCATIONS;

V. CREATING ATTRACTIVE, SAFE ANDSECURE RESIDENTIAL AND OTHERURBAN ENVIRONMENTS;

VI. VALUING LOCAL DISTINCTIVENESSAND IMPROVING THE DISTRICT'SIMAGE THROUGH HIGH STANDARDSOF DESIGN;

VII. RECOGNISING EXISTING ANDPOTENTIAL BIODIVERSITY VALUE;

VIII. CONTRIBUTING TO A CLEAN,ATTRACTIVE AND SAFE NATURALAND BUILT ENVIRONMENT; AND

IX. INVOLVING THE LOCAL COMMUNITIES.

3.21 Yorkshire Forward, the regional developmentagency for Yorkshire and the Humber has establishedtwo Renaissance Initiatives within Calderdale: onefor Halifax and the other for the Upper Calder Valley.These initiatives seek to ensure that these areas havea clear long-term vision of their economic future. BothRenaissance Projects have provided a focus forcommunity involvement and have produced long-termvisions of their respective areas. The UDP seeks toincorporate elements of these visions. The UpperCalder Valley Renaissance is generally covered inSection 4 (paragraphs 4.80 to 4.83 and Policy E 19),whilst that for Halifax is incorporated into Section 6(paragraphs 6.39 to 6.40 and Policy S 10).

Sustainability Appraisal

3.22 As part of the need to produce a UDP thatachieves sustainable objectives in line with national,regional and local targets, a Sustainability Appraisalhas been carried out. The aim of the appraisal wasto ensure that sustainable development principles areintegrated into the development plan and that the

impacts of all proposals and policies are properlyassessed and taken account of in the preparation ofthe UDP.

3.23 AERC (Applied Environmental ResearchCentre) consultants were commissioned to carry outthe Sustainability Appraisal, in accordance withGovernment advice. The methodology used wasbased on advice from the former Department forTransport, Local Government and the Regions, theappraisal framework developed for the review ofRegional Planning Guidance, latest best practice andalso encompassed the sustainability objectives of theCalderdale Local Agenda 21 Strategy. A SteeringGroup involving community and environmentalinterests, as well as Council officers assistedconsultants.

3.24 The Sustainability Appraisal of the Plan wascarried out in two stages. Firstly, an appraisal of thepolicies and proposals in the first Adopted UDP (1997)was undertaken.The results of this were incorporatedinto a re-written draft Replacement UDP. Secondly,the new and revised policies and proposals of thedraft Replacement Plan were subject to a furtherappraisal. The policies and proposals were furtherrefined as a result of the second appraisal and wereincorporated into the Replacement Plan.

3.25 The policies and proposals contained in theReplacement Plan were appraised to determine theiroverall sustainability, which together with otherconsiderations, provided the site selection andphasing of housing and employment sites.

3.26 The documents prepared by the consultants,explaining the methodology and summarising theoutcome of the appraisal of policies and proposals,were published as supporting documents to theReplacement Plan (see Appendix 3).

Resources and Implementation

3.27 A fundamental element in the implementationof the policies of the Plan is the availability of financial,human and physical resources from CalderdaleCouncil, the private sector, voluntary sector and otherpublic agencies.

3.28 The Replacement UDP provides a policyframework to guide and control new development. Italso provides a planning framework for the Council’sother policies and strategies and helps to influencethe Council’s own spending programmes. Additionally,


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it guides and assists the actions of all otherorganisations that have a role to play in Calderdale’sfuture.

3.29 It is recognised that business interests, otherpublic and private bodies and private individuals willmake much of the investment necessary to achievethe Plan’s development and environmental objectives.However, the uptake of sites allocated for newdevelopment will, to a certain degree, be dependenton the extent to which public agencies are able toallocate resources to improve infrastructure, theenvironment and services.

3.30 Calderdale Council will seek to securesufficient resources to enable the various policiescontained in the Plan to be implemented.The Councilhas an important role to play in allocation,co-ordination and implementation of resources.However, it is restricted in this role due to the finiteand variable supply of resources made directlyavailable to it. It is therefore essential for the Councilto act as an enabling, as well as an implementingbody, so as to encourage and stimulate the provisionof additional resources to bridge the gap betweenthose publicly available and those held by otherbodies in order to achieve the goals and objectivesof the Plan. It may also be necessary from time totime for the Council to exercise its compulsorypurchase powers to enable development to proceed.

3.31 The Council will therefore encourage, whenappropriate, the formation of partnerships betweenthe public, private and voluntary sectors in order torationalise the use of finite resources in the mostefficient and effective manner so as to achieve thepolicy objectives of the Plan.


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45Employment, The Economy, Tourism and

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4 Employment,The Economy,Tourism and Regeneration

Background to Economic Policy

4.1 One of the corporate priorities of the Council isto promote sustainable economic growth. Theprinciple objective is to ensure the retention andfurther expansion of the local mixed economy in orderto provide jobs and income for those who seek andneed work. In addition, a sound local economy is alinchpin in the achievement of sustainable objectivesand without a firm employment base, these objectiveswill be undermined and will not be fully realised.Job-creation, economic development andregeneration merit prioritisation in the UDP in orderto ensure a range of employment opportunities areprovided and to establish a base on which theaspirations of sustainability can be realised.

4.2 The performance of the local economy willlargely reflect the economic fortunes of the nationaland regional economies and their influence upon locallevels of output, employment, investment, growth ordecline. These influences are largely external buthave direct social and economic consequences forthe workforce of Calderdale. The Council recognisesthe limitations of the wider role that it can play ininfluencing the local economy but nevertheless itwishes to maximize all the positive effects it can.TheUDP will assist in bringing land and buildings forwardfor development in order to aid enterprise and limitany adverse effects associated with economic cycles.

4.3 The structure of industry is progressively shiftingaway from the traditional large scale manufacturingand industrial base, around which the major urbanareas grew, towards more specialised companiesand, in particular, a service sector base. Despite this,manufacturing continues to be a significant featureof Calderdale’s economy. In many sectors of the ‘new’economy, companies have an increasingly widechoice of where to locate. A key strategic aim ofeconomic policy in Calderdale is to utilise andpromote the positive aspects of the area, such as thequality of the natural and built environment, socialfabric, wider quality of life and transport linkages.Thisis in order to continue to attract inward investment,as well as securing the retention of existing localemployers, particularly by allowing existing companiesto relocate and expand within the District. Theprovision of a good range of quality employment siteswill assist in the realisation of this task. Skilled peopleare also an increasingly important competitivesuccess factor for business. The Council and its

partners will endeavour to continually improve andwiden the District’s skill base in order to continue toattract and retain a skilled workforce.

4.4 It is important that the District does not becomeinsular in its provision of investment opportunities.Tomaintain dynamism within its economy, Calderdaleneeds to continue to attract new investment andbusiness from outside its boundaries as well asproviding the encouragement and capacity for growthfor its indigenous companies. However, the Councilis mindful that the need to create jobs during the Planperiod will not be met wholly within the District,despite the allocations of new employment land. Otherareas within the sub-region and further afield willcontinue to provide employment opportunities for theresidents of Calderdale. However, the prospect offurther reliance on long-distance commuting toworkplaces is not seen as a sustainable future.

4.5 The UDP Policies have the objective ofjob-creation and retention by protecting and reservingland and premises to best meet the needs ofemployers and employees and enabling a range ofemployment opportunities to occur in appropriatelocations. These objectives are reflected in thefollowing Part One Policy:-

POLICY GE 1

MEETING THE ECONOMIC NEEDS OF THEDISTRICT

THE EMPLOYMENT NEEDS OF THEDISTRICT’S MIXED ECONOMY CAN BE METBY:-

I. ALLOCATING LAND WHICH MEETSTHE REQUIREMENTS OF EXISTINGCALDERDALE BUSINESSES ANDTHOSE BUSINESSES NEW TO THEDISTRICT;

II. SAFEGUARDING EMPLOYMENT LANDAND BUILDINGS CAPABLE OF RE-USEAND DEVELOPMENT;

III. USING THE DEVELOPMENT CONTROLPROCESS, WHERE POSSIBLE ANDAPPROPRIATE,TO ASSIST ECONOMICDEVELOPMENT THROUGH SECTION106 AGREEMENTS;

IV. PROVIDING FOR OFFICE USES INTOWN CENTRES, AND IN OTHERAPPROPRIATE AREAS SUBJECT TOCERTAIN CONDITIONS;

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V. PROVIDING FOR WAREHOUSEDEVELOPMENT IN APPROPRIATELOCATIONS;

VI. PROMOTING TOURISM AND RELATEDDEVELOPMENT;

VII. ACCOMMODATING HOTELS, MOTELSAND OTHER VISITORACCOMMODATION; AND

VIII. ACCOMMODATING THEDIVERSIFICATION OF THE RURALECONOMY.

Primary Employment Areas

4.6 In the urban areas of Calderdale there are areasin which industrial and business uses predominate.It is in these Primary Employment Areas (PEAs)where development is encouraged which supportsthe existing employment activities in order to retainand encourage the creation of jobs. The establishedland use activities in the PEAs provide a range oflocal job opportunities close to where many peoplelive and which are accessible by private and goodquality public transport. In seeking to make the mosteffective use of resources it is considered thatmaximum use should be made of existing urbanbuildings and land commensurate with environmental,amenity and safety factors. Measures to safeguardand further develop employment opportunities andstimulate investment in these areas are encouraged.

4.7 As well as offering support and encouragementto traditional manufacturing industry in the PEAs, theUDP seeks to promote offices, high technologydevelopment and light industry (as set out in TheTown and Country Planning (Use Classes) Order1987 Class B1), which are crucially important assources of jobs. It is considered that flexibility in theuse of PEAs will allow for the broadest range of jobsto be created and retained, which in turn will improvethe diversity and strength of the local economy. ThePEA designation does not safeguard land for justemployment uses, but other applicable UDP policiesmay restrict non-employment development. Ofparticular relevance Policy E 5 seeks to safeguardfor employment use, land and buildings which areeither currently used or whose last use was foremployment purposes. The use of PEAs for retail orleisure purposes, which cannot be accommodated intown centres, may be acceptable in appropriatecircumstances provided that the development isaccessible by good quality public transport andsatisfies the sequential approach. Retail and majoror intensive leisure development should also be able

to demonstrate the ‘need’ for the proposal. (POLICYGS 2, Policy S 1 and Policy S 2 are of relevance).The following Policy applies to PEAs:-

Policy E 1

Primary Employment Areas

Within the defined Primary EmploymentAreas as shown on the Proposals Map,development proposals within Use ClassesB1, B2 and B8 will be permitted provided thatthe proposed development:-

i. relates well in scale and character tothe locality;

ii. does not create any unacceptableenvironmental, amenity, safety, highwayor other problems;

iii. is accessible by good quality publictransport as existing or withenhancement and offers pedestrian andcycle access; and

iv. is consistent with other relevant UDPpolicies.

Any proposals for other employment uses,which can include retail or leisure uses, willbe determined having regard to the criteriain this policy and other applicable UDPpolicies.

Employment Development Outside thePrimary Employment Areas

4.8 There are areas within the District where thepopulation suffers from a lack of local employmentopportunities and finds it difficult to reach the mainareas of employment. These are the predominantlyresidential areas of main towns, but include a scatterof small settlements and villages in the outlying partsof the District. Within these areas existing smallcommercial areas and established manufacturingfirms that provide a range of local jobs that should bemaintained and encouraged. The provision of jobopportunities within these localised areas is importantand support will be given to small-scale job-creatingenterprise and the development of locally basedemployment outside the PEAs. At the same timehighway, amenity and environmental considerationswill continue to place constraints upon extensivedevelopment in such areas. Accordingly:-


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Policy E 2

Employment Development outside thePrimary Employment Areas

Outside the Primary Employment Areasshown on the Proposals Map appropriatedevelopment proposals within Use ClassesB1, B2 and B8 including extensions toexisting premises will be permitted providedthat the proposed development:-

i. relates well in scale, character andfunction to the locality;

ii. does not create any unacceptableenvironmental, amenity, safety, highwayor other problems;

iii. is accessible by good quality publictransport as existing or withenhancement and offers pedestrian andcycle access; and

iv. is consistent with other relevant UDPpolicies.

The Need for New Employment Land

4.9 The UDP seeks to ensure that there is anadequate supply of employment land to meet theneeds of existing and new firms. Without theavailability of sufficient land and property inappropriate locations and of the right price and quality,business performance will suffer. Unsuitable premisesand sites can increase costs and constrain growth,whereas suitable accommodation can lower costs,increase profits, and enhance survival and growthrates. Most employment land is in private ownership,being held by owners for their own purposes, a factorwhich could limit the Council’s ability to control orinfluence the efficient and effective use of land foremployment use. The majority of employment landtends to be concentrated in the Lower Calder Valleywhere there are fewer topographical constraints andthere is proximity to the M62 motorway. In the westernparts of the District there are fewer sites and limitedpotential by virtue of physical, access andtopographical constraints. Where there is anopportunity to bring forward land within the maintowns for employment use, encouragement will begiven through UDP policies.

4.10 In June 2000, Calderdale MBC commissionedan independent consultancy (the BusinessEnvironments Group) to provide an objectiveassessment of Calderdale’s present and future

economy and economic land supply in order to informthe Replacement Plan. A report was produced inFebruary 2001 that assessed the District’s economicprospects and requirements for the next 20 years andrecommended new employment site locations. Animportant consideration in the location of newemployment sites is that economic developmentneeds to be channelled into those areas where themarket is prepared to invest. It is for this reason thatan external economic consultant was utilised in orderto provide an impartial and objective marketperspective to employment site selection. Theeconomic consultant’s report informs this section ofthe Replacement Plan and has been published bythe Council as a supporting document (see Appendix3).

Current Employment Site Provision

4.11 The employment site allocations in the formerUDP (1997) have achieved mixed success indelivering the aspirations of the UDP. Some of theemployment sites did not possess the attributes thatmeet the requirements of modern industry andbusiness. However, the Lowfields Business Park inElland has demonstrated that there is demand foremployment land in Calderdale providing that thecircumstances are right, i.e. well accessed, flat sites,close to centres of population and the M62 motorway.Lowfields has not only satisfied demand fromindigenous companies seeking to expand orconsolidate in more efficient, modern premises, buthas also drawn new inward investment to add to theDistrict’s business stock and employment base.Lowfields has almost been fully developed and similaropportunities should continue to be provided in theReplacement Plan.

The Provision of Employment Land forLocal Companies

4.12 Employment land needs to be available forlocal companies. Much investment in new productsand processes takes place within existing firms. Manylocal companies have established local workforces,suppliers and logistical arrangements and thereforeprefer to expand or relocate in or close to theirexisting premises. Future investment is likely in themain to be generated from businesses located in thedistrict, local entrepreneurs, or those willing torelocate from the sub-region. The UDP providessuitable employment land to enable local businessesto continue to operate successfully and flourish in thefuture by allowing for any expansion needs to beaccommodated locally.


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The Provision of New Employment Sites

4.13 The retention of a mixed economy inCalderdale is constrained by the current assets andopportunities associated with employment land. Inthe past, the problems encountered locally inattracting new inward investment have been furthercompounded by the fact that Calderdale has sufferedwith the absence of UK and European financial aidin comparison with adjacentd districts. An examinationof the existing available employment land supplyreveals that there is insufficient land to meet futureneed/demand. In order to maintain dynamism withinCalderdale’s mixed economy and to reduce therequirement for long distance commuting, there is anoverriding need to continue to attract new investmentand business from outside the region as well asproviding the capacity for growth of its indigenouscompanies. This can be achieved through theprovision of an adequate and balanced portfolio ofemployment sites that provide for different types ofdevelopment opportunities up to 2016 (and to havean available resource for up to a further 2 to 4 yearsbeyond that date), an approach which is endorsedby RSS for Yorkshire and the Humber to 2016. Thisprovision is critical as the supply of developable sitesis reducing, particularly within the prime and preferredinvestment locations in the District.

4.14 The quality of employment land provision is acritical issue.The aim is to ensure that a broad rangeof sites and premises are available, which are readilycapable of development and well served byinfrastructure, and which meet the requirements ofexisting firms and potential employers in order to allowthe local economy to grow in a sustainable manner.The Replacement Plan therefore seeks to ensure thatthe new allocations are viable and available fordevelopment. The provision of such sites shouldensure that Calderdale continues to retain a diversemixed economy both now and in the future, whilstalso helping to assist existing and incomingbusinesses to expand or relocate locally and providejobs for the more disadvantaged. Failure to providesufficient attractive readily developable land willjeopardise the UDP’s responsibility to meet the needsof existing, emerging and incoming businesses, tostrengthen the local economy and to help reduceunemployment.

4.15 Economic projections for Calderdale up to2010 have been produced as part of the EconomicConsultant’s report.The main findings are that a 5.5%growth in the level of employment within the Districtwill occur, but with contrasting trends within differingemployment sectors. Manufacturing jobs are likely to

decrease by 16% and Financial and BusinessServices jobs expected to rise by almost 37% overthe period to 2010. The implications for theemployment land supply situation is that employmentgrowth will be concentrated largely in a sector thatwould require B1 office space rather than B2 industrialor B8 warehouse accommodation.

Employment Land Take Up

4.16 In considering the provision and adequatesupply of employment sites, account has been takenof previous rates of land take up and the anticipatedlikely future demand for employment sites inCalderdale. Employment land take up (within UseClasses B1, B2 and B8) between 1985 and 1995 inCalderdale has been at an annual average of 4.5haper annum, but between April 1995 and March 2001this increased to 7.8ha per annum, which directlycorrelates to development activity at Lowfields. Tosustain the more recent higher level of land take up,additional employment opportunities will have to beprovided because at this take up rate there is currentlyinsufficient employment land to meet future need.Actual take up rates of land, however, are only partof the picture and the Council has also had regard tolatent demand, which has been deterred because ofa shortage of developable sites. Ideally, there istherefore a need to provide employment land inexcess of past take-up rates. In order to provide anadequate supply of employment land from 2001through to 2018/2020 (as outlined in Paragraph 4.13)based on a figure of 7.8ha per annum take-up, in theregion of between 132-148ha of employment land isrequired to be allocated. Employment land take upwill continue to be monitored in order to inform futurereviews of the Plan, as part of the Local DevelopmentFramework (LDF).

Amount of Employment Land Provision

4.17 In order to meet the requirements of the RSSand PPG4 ‘Industrial and Commercial Developmentand Small Firms’ (1992) to provide sufficient land foremployment use, taking into account the need toprovide a good choice and mix of sites, together withan allowance for latent demand, the Council considersthat in the order of 120ha of employment land shouldbe allocated in the Plan. Therefore:-


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POLICY GE 2

PROVISION OF EMPLOYMENT LAND

PROVISION IS MADE FOR ABOUT 120HECTARES OF EMPLOYMENT LAND INCALDERDALE BETWEEN 2001 AND 2016.

4.18 The employment land provision figure is basedon past land take up rates and projected need arisingfrom new industrial investment and local expansionto 2018/2020.There is an additional hidden resourcein land held by companies for their own future useand there will be other future windfalls arising fromredevelopment opportunities. In addition, a furtherresource of approximately 12 to 16ha of windfallemployment land is likely to be contained within themixed-use site allocations (this is 25-33% of the totalmixed-use site area) as outlined in Policy E 4. Basedon the 7.8ha land take up rate figure, the 120haallocation is below the required 17 to 19 years supplyof employment land, although with the addition ofwindfall opportunities and mixed-use sites theseamount to the required level of employment landprovision. The total figure for employment landallocations in Policy E 3 is below the 120ha inPOLICY GE 2 due to the deletion of Sterne Mill,Sowerby Bridge (formerly EM58) during the latterstages of plan preparation. However, this loss iscompensated for by the introduction of the SowerbyBridge/Copley Regneneration Action Area whichincludes land for employment purposes.The 120haof allocated employment land is made up of:-

i. 58.61ha of land allocated as part of the formerUDP (1997) as Employment Sites which havenot been developed but which servesub-regional and local developmentrequirements and are carried forward into theReplacement Plan as new employment sites.

ii. 37.68ha of employment land designated in theformer UDP as Primary Employment Areas thathave not been developed but which servesub-regional and local developmentrequirements and are given the status of newemployment sites in the Replacement Plan.

iii. 23.65ha of land allocated as new employmentsites that can serve sub-regional and localdevelopment requirements.

The Allocation of New Employment Sites

4.19 The principle constraints for developing newemployment sites in Calderdale are topography,

development/site preparation costs, the risk offlooding and access to the strategic road, motorway,rail and canal networks. Other issues of importancein considering the location of new employment sitesare the accessibility of the site by public transport,environmental issues and the compatibility ofneighbouring uses.

4.20 The Economic Consultant's report states that:“Ideally Calderdale should focus infrastructureinvestment on:

A supply of competitive sites which capitalizeon the opportunities of the M62 corridor growthpole;

Opportunity corridors which develop theadvantage of existing links to the M62 corridorand to other strategic road and rail servicesinfrastructure;

Sites which can be served cost-effectively bypublic transport;

Sites which can be linked effectively to Halifaxtown centre and to one or more of Calderdale’sother population centres.”

4.21 The Lower Valley areas along the SowerbyBridge-Elland-Brighouse axis present Calderdale’spreferred employment development locations. Thearea benefits from relatively flat topography, accessto the strategic road network especially to the M62,railway links, good public transport, and closeproximity to Halifax and the majority of the District’spopulation. These are locations that have attracted,and are likely to continue to attract, developers andbusinesses. New employment sites have been soughtin these locations, but unfortunately there are onlylimited opportunities to add to the employment landresource in these prime locations. More extensiveprovision and opportunities could exist in NorthHalifax, but because of its remoteness from andproblematic access to, the motorway corridor, it isconsidered to be a location suited primarily torelatively small-scale local companies. Elsewherewithin the District, opportunities to provide newemployment sites have been sought to meet theneeds of existing local businesses and new start-ups.

4.22 Principally, the Council would wish toconcentrate the provision of new employment siteswithin the urban areas (particularly on previouslydeveloped land), subject to being able to deliver acontinuing land supply of sufficient quantity andquality in order to assist urban regeneration and to


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encourage economic growth, whilst safeguarding theenvironment and the countryside. Unfortunately, thereis a limited supply of developable land in the urbanareas and much of the land that does exist suffersfrom severe constraints that dictate that it is unlikelysuch sites would actually be developed in the Planperiod. In such circumstances, economic regenerationis likely to be frustrated rather than aided.The Councilhas had regard to the advice in the RSS (Policy P2),which states that the release of Green Belt land canbe justified by the need to enable development toproceed to achieve economic regeneration or tomaintain a buoyant economy. Consideration hastherefore been given to the re-designation of sites toaccommodate employment-related development andthe Green Belt boundary has been amended toaccommodate an important proportion of the overallprovision of new employment land. Four Green Beltsites totaling 12.71ha of land are reallocated foremployment uses. Much of this is in the eastern partof the district close to the M62 motorway.

4.23 The RSS states that various types of regionallysignificant sites should be reserved and protectedfrom inappropriate or piecemeal development. Thedesignation of these regionally significant sites is amatter for the Yorkshire and Humber Assembly in thecontext of the Regional Employment Land Surveythat they are undertaking. Of the new employment

sites allocated in Policy E 3 it is considered that onlythe Wakefield Road site at Clifton (EM42) couldpotentially fulfil the characteristics of a regionallysignificant ‘premium’ employment site. Due to variousconstraints it is likely that the Yorkshire and HumberAssembly will view all other new employment siteallocations as not of the requisite size orcharacteristics to be considered as regionallysignificant (although they will serve sub-regional andlocal development requirements). In addition, of thesites allocated in the Plan, the Council considers thatsome of these should be restricted to specific typesof employment use. B1 office and technology parkshave strict locational requirements that distinguishthem from normal B1/B2 industrial developments.Given the very limited number of sites capable ofmeeting such criteria, good use of resources dictatesthat certain sites are restricted to B1 office/technologyparks only. Sites may also be restricted to certainuses in order to protect the amenity of local residentswhere this is appropriate. Proposals for developmenton new employment sites will be assessed againstthe criteria within Policy E 3 and other relevant UDPpolicies. In particular regard should be had to therequirements of POLICY GT 5 and Policy T 1 thatoutline the need for Transport Assessments andTravel Plans. The new employment sites togetherwith any restrictions on specific sites are set outbelow:-

Policy E 3

Sites Allocated for Employment Use.

The following sites are allocated to provide land for employment purposes within Use Classes B1to B8 and are shown on the Proposals Map.

Proposals within Use Classes B1 to B8 will be permitted provided that the proposed development:-

i. does not create any unacceptable environmental, amenity, safety, highway, or other problems;ii. is not for piecemeal development that would prejudice the comprehensive development of

the site; andiii. is consistent with other relevant UDP policies.

Proposals for employment uses not within Use Classes B1 to B8 will only be supported inexceptional circumstances where the proposal is justified and complimentary (in terms of sizeand function) to Use Classes B1 to B8. Proposals for other non-employment uses will be resisted.

StatusArea (Hectares)LocationSite Ref:

GF1.31Birds Royd Lane, BrighouseEM1§

PDL/GF6.36Atlas Works and Ainleys (formerly EM40), EllandEM11A

GF1.25Wistons Lane, EllandEM16


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StatusArea (Hectares)LocationSite Ref:

GF1.67Century Road, EllandEM17

GF0.7Burnley Road, MytholmroydEM31

PDL8.73Former Power StationEM36§

GF25.5Wakefield Road, CliftonEM42*

GF13.09Southedge Quarry, HipperholmeEM44**

GF3.73Adjacent to Surfachem, Huddersfield Road, EllandEM46

GF2.5Stainland Road (north of river), EllandEM47§

GF1.86Halifax Road, RippondenEM50§

GF2.25Burnley Road, Tenterfields, LuddendenfootEM51

GF6.1West of Holmfield Industrial Estate, HolmfieldEM52

GF6.62Shroggs Road, OvendenEM53§

PDL0.59Bacup Road, Gauxholme, TodmordenEM54§

GF6.8North of Holmfield Industrial Estate, HolmfieldEM56

GF4.02Adjacent to Halifax Bank plc, Wakefield Road,Sowerby Bridge

EM57

PDL2.32Former Mons Mill, Burnley Road, TodmordenEM59§

GF1.69River Street, BrighouseEM60§

PDL2.03Mytholm Works, King Street, Hebden BridgeEM61§

GF0.73Armitage Road, BrighouseEM62

GF1.73Adjacent to Foseco Ltd, Holmfield Industrial Estate,Holmfield

EM63

GF0.57Hays Lane, MixendenEM64

PDL0.61Shay Lane, IllingworthEM65

PDL5.07Lowfields, EllandEM67§

PDL/GF7.43East of Brighouse Road, HipperholmeEM68

115.26TOTAL

PDL = Previously Developed Land GF = Greenfield

§ = A flood risk assessment is required to be undertaken on these sites. It is the responsibility ofthe developer or applicant to undertake the flood risk assessment.

*Use of site EM42 (Wakefield Road, Clifton) will be restricted to office/business park developmentwithin Use Class B1 (a) Office uses, and B1 (b) Research and development of products or processes.

**EM44 (Southedge Quarry, Hipperholme) A small scale ancillary element of hotel, restaurant andpublic house development may be acceptable in order to ‘pump-prime’ B1 to B8 development.


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Development of this site is dependant upon a satisfactory resolution of traffic issues at theHipperholme traffic lights. Permission will not be granted unless a solution, which may be financialcontributions from developers of the site, has been achieved.

Mixed Use Allocations

4.24 A rationale behind the previous UDP (1997)was that, where appropriate, it sought to separateincompatible land uses such as employment andhousing. Whilst this approach is still relevant, wherecertain conflicting land uses are concerned, givencurrent development pressures on land there existsan increasing desire to seek to make the mosteffective and sustainable use of land. As a responseto this objective the Government advocates theconcept of mixed-use development, which isprincipally outlined in PPG4 ‘Industrial, CommercialDevelopment and Small Firms' paragraphs 14 to 19.The notion of mixed-use development is not new, andbasically involves the development of more than oneuse on a site or within a building and often seeks toestablish a higher density development in a mannerthat produces an effective and sustainabledevelopment. Mixed-use development can help createvitality and diversity, increase access to work for localpeople, reduce the need to travel, make efficient useof brownfield land and can be more sustainable thandevelopment consisting of a single use. A mixed-usedevelopment allows for flexibility and couldincorporate a range of uses such as residential,employment, retail, leisure and other communityfacilities. However, given the relatively small size ofmost suitable sites in Calderdale, it is unlikely that allthese uses could be combined on a singledevelopment site.

4.25 Mixed-use development is not appropriate forevery site. For example, on a large-scale employmentsite that represents a scarce resource, theintroduction of residential development could diminishthe full employment potential of the site. However,mixed-use development can help to kick-start thedevelopment of difficult sites, for example by includinga cost effective use such as residential in order tohelp to overcome prohibitive site preparation costs.As such, where it is appropriate, the mixed-useconcept will be considered as a development optionthroughout the District.

4.26 There can sometimes be an imbalancebetween the number of available jobs and people incertain locations. An aspiration is to try to redress anysuch imbalances by helping to support and strengthenthe range of employment opportunities present in

local areas. However, the occurrence of incompatibleuses can cause problems for the occupiers both ofnew and existing developments. Any mixed-usedevelopment site or proposal will need to fit in with,and be complementary to, their surroundings. Animportant consideration in any mixed-use scheme isthat the character of existing residential areas shouldnot be undermined by inappropriate new uses.

4.27 The most significant and appropriate form thatmixed-use should take in Calderdale is the mix ofhousing and employment. However, not every formof employment will be suitable. The Use ClassesOrder dictates that any B1 use must be capable ofbeing undertaken in any residential area withoutdetriment to the amenity of that area. It is this specificform of employment (which encompasses uses suchas offices, high tech industry, research anddevelopment, studios, and light industry) whichtogether with housing will be supported in mixed-useareas as shown on the Proposals Map. Other formsof employment uses and ancillary facilities may alsobe supported, such as within the A1, A2 and D2 UseClasses and social and cultural facilities, butemployment uses within Use Classes B2 or B8 willnot generally be supported as they are not consideredto be compatible with residential areas.

4.28 In order to allow flexibility to develop attractive,imaginative and viable schemes, the area and amountof land appropriate to each particular land use on amixed-use site is not specified. However, theCouncil’s objective is to achieve mixed-usedevelopment on these sites and, with the exceptionof the former Transco Site (MU2) which may bedeveloped solely or predominantly for residentialpurposes, it is not envisaged that schemes for a singleland use, or schemes that include disproportionatelyhigh amounts of a particular land use, will be viewedas acceptable. Conditions on planning permissionsor planning obligations will be used to secure anappropriate mixture of uses and to ensure that allelements of a scheme are implemented as proposed.Developments could involve the use of buildings orland whose current or last use was for employmentpurposes for non-employment uses. Within theidentified mixed-use sites, securing development thatprovides a satisfactory mixture of uses on the site asa whole, will outweigh Policy E 5 considerations.Policy E 4 does allow for the extension of existingpremises or proposals that support existing uses


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within the site. Policy E 4 lists larger sites that areallocated as mixed-use sites. Consideration will alsobe given to proposed mixed-use development outsidethese areas where the use would not undermine other

UDP Policy objectives. The mixed-use sites togetherwith any restrictions on their development are set outbelow:-

Policy E 4

Sites Allocated for Mixed-Use

The sites in the table below are allocated to provide land for mixed-use development and are shownon the Proposals Map.

E4A: Within these areas development proposals which include a mix of residential and appropriateemployment uses as outlined in the table will be permitted provided that the proposed development:-

i. relates well in scale and character to the locality;ii. does not create any unacceptable environmental, amenity, safety, highway, or other problems;iii. is not for piecemeal development that would prejudice the comprehensive development of

the site; andiv. is consistent with other relevant UDP policies.

E4B: Within mixed-use sites, applications for a single use, or that comprise a disproportionatelyhigh amount of a particular use, will only be permitted in exceptional circumstances. Suchapplications will need to be justified either in terms of their non-suitability for mixed-usedevelopment or in terms of their contribution to the overall mixture of uses within the locality.

E4C:There are significant physical constraints on the development of the former Transco Site(Site MU2), which are regarded as the circumstances justifying an exception to the generalrestrictions on uses within mixed-use sites. In view of these constraints a residential developmentor mixed-use development with predominantly residential uses together with limited or ancillaryother uses would be acceptable subject to the criteria set out in E4A.

E4D: Ancillary community facilities and other forms of land use (including extensions to existingbuildings and proposals which support existing uses) will also be acceptable providing that theyare compatible with residential development and comply with the above criteria.

Appropriate UseClasses

StatusSize (Hectares)LocationSite Ref

A2, B1*, C1, C2, C3,D1 and ancillary smallscale A1 and A3

PDL/GF15.35West of BoothtownRoad, Boothtown,Halifax

MU1

A1*, A2, B1*, C1, C2,C3, D1 (See alsoclause E4C)

PDL3.76Former Transco site,Mulcture Hall Road,Halifax

MU2 §

A1*, A2, B1*, C1, C2,C3, D1

PDL2.92Former Horses at Worksite, South Parade,Halifax

MU3

A1*, A2, A3, B1*, C1,C2, C3, D1, D2*

PDL3.28Sugdens Mill, Mill RoydStreet, Brighouse

MU4 §

A1*, A2, A3, B1*, C1,C2, C3, D1, D2*

PDL4.71Dewsbury Road, EllandMU5


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Appropriate UseClasses

StatusSize (Hectares)LocationSite Ref

A1, A2, A3, B1*, C1,C2, C3, D1, D2

PDL1.96Broad Street, HalifaxMU6

A2, B1*, B2, B8, C1,C2, C3, D1 and

PDL/GF3.65Drakes IndustrialEstate, Shay Lane,Halifax (formerly EM28)

MU8

ancillary small scaleA1 and A3

A1, A2, A3, B1, C1,C2, C3, D1, D2

PDL0.40Parade of Shops,Mixenden Road,Mixenden

MU9

A2, B1*, C1, C2, C3D1 together with a

PDL3.47Furness Avenue,Illingworth, Halifax

MU10

significant proportionof Open Space

PDL = Previously Developed Land GF = Greenfield

Footnotes:-

* Uses subject to an assessment against the sequential approach for retail, key town centre, leisureand office developments, and an assessment of the need for retail developments (POLICY GS 2,Policy S 1, Policy S 2 and Policy E 8 are of particular relevance).

§ = A flood risk assessment is required to be undertaken on these sites. It is the responsibility ofthe developer or applicant to undertake the flood risk assessment.

Safeguarding Employment Land andBuildings

4.29 The land supply for employment uses, in termsof the range and quality of sites available, is limitedand the employment land portfolio is characterisedby a distribution of small sites, mainly in urban areas.Wherever possible, the Council will actively work toovercome constraints that prevent the re-use of suchland and property for new employment uses.

4.30 Whilst it is important to maintain employmentopportunities by making the best and mostappropriate use of available land and existingbuildings, not all premises will be either in a suitablelocation or be readily re-usable for modernemployment use. Re-use or redevelopment foremployment use of some of these premises couldnever occur. In order to avoid premises remainingidle and becoming derelict with consequential adverseenvironmental effects the re-use or redevelopmentof these particular underused sites and buildings forappropriate other non-employment uses is the most

suitable course of action. This re-use andredevelopment will assist in making the best use ofurban land, assist the regeneration of urban areasand ease pressures on the countryside and the GreenBelt. The approach is tempered by the need to takeinto account any scarcities of employment land inparticular localities and the employment potential ofindividual sites or buildings.

4.31 In certain cases applicants may seek todemonstrate that there is no demand to use abuilding/site for employment purposes. Suchapplications should be accompanied by evidence todemonstrate that the building or site has beenadequately advertised on the open market for areasonable length of time and that the site has beenwidely advertised, with the asking price reflecting theproposed commercial or business use beingmarketed. It is envisaged that a minimum of one yearin the Lower Valley areas of Halifax, Brighouse, Ellandand Sowerby Bridge and a minimum of two years inthe Upper Valley areas of Todmorden, Hebden Bridgeand Mytholmroyd will be necessary in most cases.However factors such as the size of the available siteand extent/appropriateness of advertising undertaken


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means that evidence about marketing efforts will beconsidered on its merits. Applicants may also seekto demonstrate that a site and/or buildings are noteconomically or physically capable of supportingcommercial or business uses. In cases where thiscannot be demonstrated to the satisfaction of theCouncil, evidence of marketing the site will usuallybe necessary.

4.32 Within the Lower Valley areas of Halifax,Brighouse, Elland and Sowerby Bridge there is areasonable supply of small employment premisesand therefore a more flexible approach has beentaken towards changes in the use of land andbuildings within this area.

4.33 It should be noted that Policy E 5 does notapply to proposals for new retail or leisure uses asthese are considered to be acceptable otheremployment uses provided that they cannot beaccommodated within town centres, the developmentis accessible by good quality public transport, theproposals satisfy the sequential approach and anassessment has been carried out of the need for suchdevelopments as laid out in POLICY GS 2, Policy S1 , Policy S 2 and Policy CF 10.

4.34 Sites that are allocated as new employmentsites will be protected for employment purposes onlyand development proposals on such sites should notbe assessed against Policy E 5 of the plan.The Policyis set out below:-

Policy E 5

Safeguarding Employment Land andBuildings

Proposals for non-employment uses whichinvolve the loss of land resources and/orbuildings which are either currently or whoselast use was for industrial, business, office(Use Classes B1, B2 and B8) or otheremployment uses, will be permittedproviding one or more of the followingapply:-

i. the employment site is within an urbanarea in the Lower Valley areas ofHalifax, Brighouse, Elland, or SowerbyBridge, is less than 0.3 hectare in area,but is not within a Primary EmploymentArea or designated New EmploymentSite;

ii. the application site is within an areaidentified as Town Centre, New HousingSite, or Mixed-Use Site by the Plan;

iii. it can be demonstrated that the siteand/or buildings are not economicallyor physically capable of supportingindustrial, business (Use Class B1, B2and B8) or other employmentgenerating uses and that other UDPobjectives can be achieved by thedevelopment;

iv. no demand exists to use the site foremployment purposes and this isjustified by evidence demonstrating thesite has been adequately advertised onthe open market for a reasonable lengthof time with purchase/lease costs setat an appropriate level to reflect theemployment potential of thesite/building in the local market;

v. the establishment of a new use is theonly practical means of retaining abuilding of architectural or historicalsignificance; and

vi. the site forms part of a widerregeneration proposal supported by theCouncil and an alternative use wouldbe more appropriate and meet otherUDP objectives.

The Development of Employment Sitesfor Non-Employment Uses

4.35 The development of sites for non-employmentuses, whose current or last use was for employmentpurposes (Use Classes B1, B2 and B8), will see theloss of such resources for the foreseeable future. Insuch circumstances it is considered that there stillexists an opportunity to make a contribution towardslonger-term economic development and job retentionand growth within an area.Where a non-employmentgenerating use for a site is proposed, developers maybe requested to make provision for an appropriatecontribution towards alternative and beneficialeconomic development in the local area. Such ameasure will achieve a direct link between theirretrievable loss of potential employment prospectson the site and the achievement of economicobjectives within Calderdale in an area related to thesite in question. In cases where proposed usesprovide some employment, but clearly do not havethe potential to provide the same quantity of


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employment as the present or last use, the Councilmay still request a contribution commensurate withthe net loss.

4.36 Contributions will be sought on sites that eithercontribute or have previously contributed toemployment provision in Calderdale.

4.37 Where a developer cannot provide anappropriate physical contribution off-site the Councilwill assist the developer in meeting the needs ofcontinued job creation by accepting a financialcontribution in lieu of physical provision to enable theprovision and maintenance of local employmentgenerating facilities. Such a commuted sum wouldbe subject to a planning obligation detailing theamount of money to be commuted and what thecommuted sum could be used for, or alternatively thedeveloper could make a voluntary payment to theCouncil.

4.38 Any planning obligation entered into shouldcomply with the requirements of ODPM Circular05/2005 and funds raised will only be used in alocation within the immediate locality of the fundingdevelopment where it should be of direct benefit tothe area.The level of commuted sum should be fairlyand reasonably related in scale and kind to the lossof jobs and/or employment area/floorspace, takinginto account the total level of financial contributionsthat the development incurs (such as contributionstowards highway improvements, affordable housing,open space provision and education facilities) andany other abnormal site costs. In order to provide aframework for this matter the following Policy willapply:-

POLICY GE 3

THE DEVELOPMENT OF EMPLOYMENTSITES FOR NON-EMPLOYMENT USES

WHERE NON-EMPLOYMENT USES AREPROPOSED ON SITES WHOSE CURRENTOR LAST USE IS/WAS FOR EMPLOYMENTPURPOSES (USE CLASSES B1, B2 & B8),THE PROVISION OF A CONTRIBUTION TOOFFSET THE PERMANENT LOSS OF SUCHA LAND RESOURCE WILL BE SOUGHT.SUCH CONTRIBUTIONS SHOULD HELPTOWARDS ECONOMIC DEVELOPMENTTHAT WILL ASSIST IN BRINGING ECONOMICBENEFITS TO THE AREA IN WHICH THEDEVELOPMENT IS LOCATED, BE FAIRLYAND REASONABLY RELATED IN SCALE

AND KIND WITH THE EMPLOYMENTRESOURCE THAT IS BEING LOST ANDCOMMENSURATE WITH THE DEVELOPMENTPROPOSED.

This policy applies only to sites where thesite area is 0.5ha or more, or whereemployment floorspace lost is 1000sqm ormore.

Office Development

4.39 The UDP generally seeks to promote andencourage office development to locate within definedtown centres. Such an approach will help to increasethe prospect for multi-purpose trips, will maximise theopportunity to use means of transport other than thecar and will help sustain and enhance the vitality andviability of town centres. The approach has to bebalanced by the need to protect the retail characterand function of town centres. The intrusion of officeuses into ground floor primary, secondary and tertiaryshopping frontages (as defined in the Plan) coulddisrupt the continuity and variety of shopping activityto the detriment of the vitality in town centres.Therefore the provisions of Policy S 6, Policy S 7 andPolicy S 8 apply. It should be noted that the provisionsof Policy S 6, Policy S 7 and Policy S 8 do not applyto the upper floors of buildings and therefore officedevelopment is encouraged on the upper floors ofbuildings throughout the defined town centres. TheTown and Country Planning (Use Classes) Order(1987)(as amended) identifies two different types ofoffice development.These are A2 offices (defined asthose offices providing financial and professionalservices to visiting members of the public) and B1(a)offices (office development that does not fall withinuse class A2).

A2 Office Development

4.40 Whilst A2 development will be encouragedprimarily within town and local centres defined on theProposals Map, it is recognised that it may not bepossible or desirable to focus all A2 officedevelopment within such locations. A2 office usescould quite reasonably be sited outside defined townand local centres provided that they are intended tomeet the needs of the local community and areappropriate in scale to that community. Whereproposals for A2 uses outside the defined towncentres are received, criteria within Policy E 6 seekto ensure that proposals are directed to locations thatare accessible and/or will help to support existingsmall groups of shops not defined on the Proposals


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Map (subject to the requirements of Policy S 9Non-Retail Uses in Smaller and Local Centres).Proposals for A2 Office development will be judgedagainst the following Policy:-

Policy E 6

A2 (Financial and Professional Services)Office Development.

Development proposals for A2 uses will bepermitted provided that the proposeddevelopment:-

i. is of an appropriate scale and functionto the role of the locality within whichit is sited;

ii. does not create any unacceptableenvironmental, amenity, safety, highwayor other problems; and

iii. is consistent with other relevant UDPpolicies.

Proposals outside the defined town and localcentres should also:-

a. form part of a small group or parade ofshops; or

b. form an extension to an existing A2office use, or

c. be accessible by good quality publictransport within the community itserves and offers pedestrian and cycleaccess.

B1 Office Development

4.41 PPS6 and RSS recognise that proposals forcommercial and public office uses should beencouraged to locate within town centres.Accordingly, proposals for major B1 officedevelopment (over 1000 sq m gross floor area) willbe primarily encouraged to locate within the towncentres of Halifax, Brighouse, Elland, Sowerby Bridge,Hebden Bridge and Todmorden. Major B1 officedevelopment can also be appropriate on those newemployment sites and mixed-use sites that have beenspecifically identified by the plan as suitable locationsfor new Class B1(a) Office development.

4.42 Policy E 7 below sets out a sequentialapproach that will be applied when assessing thesuitability of locations for new Major B1 officedevelopment proposals. Smaller B1 office

development proposals (below 1000sq m gross floorarea) are not considered to be of such significanceto justify this assessment. Smaller B1 officedevelopment should be considered against Policy E1 and Policy E 2 of the development plan along withother business development proposals.

Policy E 7

Sequential Approach for Major B1 OfficeDevelopment

Proposals for Major B1 office developmentshould be sited in accordance with thefollowing preferred sequence of locations:

FIRSTLY- within the town centres of Halifax,Brighouse, Elland, Hebden Bridge, SowerbyBridge and Todmorden or within the NewEmployment Site EM42 and appropriatemixed-use sites, where suitable, viable sitesor buildings for conversion are available.

SECONDLY- in accessible edge-of-centrelocations, having good links with the towncentre and where possible within 500 metresof a railway station or other public transportinterchange, or in district and local centreswhere no suitable, viable central sites orbuildings are available.

THIRDLY- in sustainable out-of-centrelocations, which are accessible by a choiceof means of transport and good qualitypublic transport.

Applications for proposals in edge-of-centreor out-of-centre locations will be expectedto demonstrate that there are no reasonablyavailable, suitable and viable alternative siteswithin locations higher in the preferredsequence, and that development of thesesites will support sustainable developmentprinciples.

4.43 In addition to locational criteria outlined byPolicy E 7 above, there is a need to ensure that majorB1 office development proposals are acceptable inall other respects. Policy E 8 below, details criteriafor assessing other relevant matters for major B1office development proposals.


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Policy E 8

Criteria for Assessing Major Office B1Development

Proposals for major B1 office developmentwill be assessed on the basis of the followingcriteria:-

i. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems;

ii. the development is of on an appropriatescale that does not harm the visualamenity and quality of the environmentand is appropriate to the role of thecentre and the size of the communitythat it serves;

iii. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations; and

iv. the requirements of other relevant UDPPolicies are met.

Warehouse Development

4.44 Warehousing, storage and distribution (UseClass B8) are essential activities in the moderneconomy.These functions tend to occupy large sites,can be either freestanding or ancillary to other uses,such as manufacturing, and can offer a variety of jobopportunities. In the past, warehousing tended togenerate fewer jobs for a given area thanmanufacturing, although the nature of largerwarehouse developments is changing with manyemploying significant numbers of people. However,these large scale strategically located majorwarehouse facilities are unlikely to be developed inCalderdale given the lack of flat land and the limitedaccess to the M62 and other main transport links.Warehouse development, which generates a jobdensi ty comparable wi th that formanufacturing/business use of an average of 25 jobsper ha (10 jobs per acre), in appropriate locations willbe supported. The UDP seeks to ensure that UseClass B8 allocations are located where they can takeadvantage of the Strategic Road Network, railwaysand canals to assist in effective distribution, but alsothat prime employment land which may make a bettercontribution to manufacturing or business

regeneration is protected in order to help retain abalanced range of employment opportunities.Accordingly:-

Policy E 9

Warehousing

Development proposals for new warehousing(Use Class B8), or warehouse and storageextensions will be permitted where:-

i. the development site is well related andhas good access to the Strategic RoadNetwork (as defined in POLICY GT 3) ,or

ii. the development site is well related, andhas access to, the rail and/or thewaterways network; and

iii. the expected employment density willbe comparable to that of a newindustrial business use or thedevelopment is required in connectionwith existing industrial and businessuses; and

iv. the proposal does not createenvironmental, amenity, safety, highwayor other problems; and

v. is accessible by public transport asexisting or with enhancement and offerspedestrian and cycle access; and

vi. the proposal is consistent with otherrelevant UDP policies.

Tourism Attractions and Facilities

4.45 Tourism has an important role to play in theeconomy of Calderdale’s towns and rural areas andbrings considerable economic benefits to the region.A report commissioned by Calderdale Councilconcluded that the overall value of tourism in theCalderdale area in 1998 was an estimated £96 millionand that it directly or indirectly supported an estimated2,474 full-time jobs and 941 part-time and seasonaljobs.

4.46 Tourism is likely to be an important driver ofthe British economy with 1.4 million people directlyemployed nationally. Calderdale has a rich source ofattractions that continue to attract people to theregion. Eureka! and the Piece Hall were amongst thetop ten tourist attractions in Yorkshire in 1998attracting 320,000 and 350,000 visitors respectively.The largest tourism income generator along the M62


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corridor is the business market, which accounts fora quarter of all tourist nights in Calderdale.The leisuretourism market is more important in the rest ofCalderdale, comprising of overnight stays and daytrips for both individuals and groups. Tourism andrecreation can be major economic forces in ruralareas, which is particularly relevant to the west of theDistrict.

4.47 Farms may be suitable for appropriate formsof tourism and visitor development, such as holidayaccommodation, farm trails, working holidays, ruralleisure pursuits or rural crafts. Such developmentsassist rural economic diversification and provided thatthey are appropriate in scale and comply with otherrequirements of the Plan, particularly environmentaland transport requirements, they are likely to besupported.

4.48 Whilst it is acknowledged that some types oftourism development have a functional need to locatewithin rural areas, it is unlikely to be appropriate toallow developments that would attract significantvisitor numbers within those areas that are veryremote from public transport facilities and the strategicroad network. The volume of visitors to certain areascan cause localised environmental problems,particularly in the attractive Pennine uplands in thewest. The concern is that visitor pressures need tobe managed to ensure that the environment, qualityof life for Calderdale residents and the qualities oftourism attractions themselves are not eroded. It isimportant to make sure that tourism and recreationopportunities grow to allow opportunities for everyoneto enjoy the District’s towns and countryside, whilstsustaining and enhancing the environment, andmaximising the economic benefits to the local areaand economy. These aims can be achieved byseeking to maintain the environment that people cometo enjoy and by promoting the regeneration of urbanand rural communities and the conservation andenhancement of natural and environmental resources.The key therefore to future tourism policies anddevelopment is to balance the level of tourism withthe capacity that the area can manage in order thatthe benefits accrue without causing majorenvironmental problems.

4.49 The Yorkshire Tourist Board and the HeritageStrategy for the Southern Pennines consider that thegreatest future tourism benefits will be obtained byfocusing on:-

i. higher quality facilities;

ii. development that seeks distinctiveness rootedin local and regional culture; and

iii. more specialist activities.

4.50 Throughout most of Calderdale there is scopefor the development of tourism which is based onthese factors such as the diversification of farms,enjoyment of the landscape; industrial heritage; theriver and canal network; and the District’s main towns.Appropriate development to provide more places tovisit, suitable accommodation and supportinginfrastructure such as shops, catering and transportfacilities must be encouraged. The opening of theRochdale Canal through to Manchester is recognisedas offering increased potential for tourismdevelopment and stimulating economic regeneration.Suitable development along the canal that contributestowards tourism-led regeneration is supported.

4.51 Adequate provision of advice, information andinterpretation is important if the heritage assets thatprovide the main attractions for both visitors and localpeople alike are to be sustainably promoted andmanaged. In order to achieve this the Council isparticipating in a South Pennine wide initiative toestablish a Heritage Education and Access Network(HEAN).The HEAN initiative will incorporate and linkexisting information centres, visitor centres, museums,roadside information points and similar ‘gateways’where people can gain information or advice aboutthe heritage of the area. That heritage includes:-

i. the internationally designated moorland habitats.ii. the industrial archaeology of the District that is

of world wide significance.iii. the cultural heritage that ranges from the

co-operative movement and mechanicsinstitutes through to modern day poets, writers,artists and theatre companies.

iv. the landscape and the generations of farmingand land management practices that havecreated it.

v. the communications heritage which includes anextensive footpath and rights of way network(including such significant routes as the PennineWay, Pennine Bridleway, Mary Townley Loopand Calderdale Way), and the canal network.

4.52 This list is not exhaustive and Calderdale hasmany heritage features in common with other SouthPennine authorities. The HEAN initiative seeks topromote the common heritage and promote asustainable approach to its management througheducation, training, interpretation and information.


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4.53 The aim of tourism policy is to provide anenabling framework that will allow appropriate andsustainable tourism development to take place. TheGovernment strategy ‘Tomorrow's Tourism’ (1999)outlines that new tourism development should bemore sustainable by ensuring that it:-

i. is located on public transport routes;ii. offers pedestrian and cycle access;iii. is linked to other infrastructure (such as hotels

and restaurants);iv. is aesthetically attractive;v. is in keeping with the quality of the built

environment and identity of the area; andvi. causes the minimum of environmental damage

during construction, adaptation and operation.

4.54 Proposals will be considered against thefollowing Policy:-

Policy E 10

Tourism Development

Development proposals for new or extendedtourist attractions or facilities will bepermitted provided that:-

i. the proposal is appropriate in scale,character and function to the locality;

ii. the proposal does not detrimentallyimpact on the quality and character ofthe local landscape;

iii. the proposal is accessible by goodquality public transport as existing orwith enhancement and offers pedestrianand cycle access;

iv. the proposed development does notresult in environmental, amenity, safety,highway or other problems beingcreated; and

v. the proposal is consistent with otherrelevant UDP polices.

Hotels, Motels and Other VisitorAccommodation

4.55 The provision of an adequate and variedsupply of hotel, motel and other visitoraccommodation, for example bed and breakfast andself-catering accommodation, is an important elementin securing economic and employment benefits forthe District. By providing improved facilities to meet

the needs of the business and leisure markets, suchaccommodation can make a significant contributionto tourist activity. Suitable sites for hotels, motels andother visitor accommodation may be found in bothurban and rural locations. However, it is importantthat hotel developments are appropriate to theirlocation in terms of their character, siting, scale andappearance and comply with all other requirementsof the UDP.

4.56 Hotels, motels and other visitoraccommodation can add vitality to a town centre areaand help sustain its viability and as such, are regardedas appropriate uses in principle in the District’sdefined town centres. Other locations within the urbanareas or within suitable buildings within the GreenBelt and the Area Around Todmorden are alsoconsidered to be appropriate locations in principle.However, new build hotels, motels and other visitoraccommodation are not considered to be appropriatein the Green Belt and the Area Around Todmorden.Therefore proposals will be considered against thefollowing Policy:-

Policy E 11

Hotels, Motels and Other VisitorAccommodation

Development proposals for either new orextended hotels, motels or other visitoraccommodation within town centres (asdefined on the Proposals Map) and otherurban areas; or, for new hotels, motels, orother visitor accommodation which re-useappropriate buildings in the Green Belt orArea Around Todmorden; or limitedextensions to hotels, motels, or other visitoraccommodation in the Area AroundTodmorden, will be permitted provided thatthe proposal:-

i. is appropriate in scale, character andfunction to the locality;

ii. is accessible by good quality publictransport as existing or withenhancement and offers pedestrian andcycle access;

iii. does not result in environmental,amenity, safety, highway or otherproblems being created; and

iv. is consistent with other relevant UDPpolices.


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Caravans and Camping Sites

4.57 Caravan and camping sites can make avaluable contribution to the rural economy.Developers usually seek sites in the more attractiveoutlying areas of the District, where they can be aparticularly intrusive element in the open countrysideas a result of their scale, siting and appearance.Theirlocation in remoter areas can also lead tounsustainable vehicle movements and place anunacceptable demand on local services and facilities.It is therefore, essential that special care is given tothe design and location of such sites in order tominimise their impact.

4.58 New sites or extensions to existing sitesshould integrate well within the landscape and nothave a detrimental effect on the character or visualappearance of the countryside, sites of natureconservation value or wildlife interest, or the amenityof an area. Furthermore, proposals that place anexcessive burden on service provision or causehighway danger will be resisted.

4.59 Riverside locations are also popular locationsfor caravan and camping sites and these may posepotential flood risk problems. PPG25 ‘Developmentand Flood Risk’ (2001), provides specific guidancein relation to this. In accordance with advice,proposals will be refused in areas of high flood risk,where it would be difficult to operate an effective floodwarning system. The Council will consult theEnvironment Agency on proposals where there islikely to be a risk of flooding. Where proposals areacceptable, planning conditions will be attachedrequiring the erection of suitable warning notices andthe preparation of effective warning and evacuationplans.

4.60 The location of gypsy sites is specificallycovered under Policy H 17 of the Housing Section.Proposals for caravan or camping sites will beconsidered against the following Policy:-

Policy E 12

Caravan and Camping Sites

Where planning permission and a caravansite licence are required, proposals for thesiting of static and touring caravans andcamping sites, will only be permitted if thefollowing criteria can be met:-

i. the site is not located within an areawith a high risk of flooding;

ii. there would be no unacceptable loss oflandscape quality, especially in SpecialLandscape Areas;

iii. the site would not result in harm tofeatures of acknowledged nature orwildlife importance;

iv. the proposal preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations;

v. the proposal would not result in anunacceptable loss of amenity tosurrounding property owners andhouseholders;

vi. the proposal would not result in anyunacceptable environmental, amenity,safety, highway or other problems;

vii. the proposal is well designed and wouldbe unobtrusive in the landscape andincludes sufficient high qualitylandscaping, screening and userservices; and

viii. the proposal is consistent with otherUDP policies.

Rural Diversification

4.61 Agriculture (as defined in Section 336 (1) ofthe Town and Country Planning Act (1990)) is vitallyimportant in shaping and maintaining the fabric of therural landscape. However, agriculture and itsassociated employment base have declined over theyears and it seems likely that this will continue. Thisdecline and its consequent effects is oftenexacerbated and most severely felt in rural areaswhere alternative local employment opportunities arevery limited. In PPS7 'Sustainable Development inRural Areas' (2004) the Government emphasises theneed to establish and support a thriving ruraleconomy. It considers that this can be achieved inpart through the diversification of farming activities inorder to provide wide and varied employmentopportunities for rural residents, whilst at the sametime maintaining farming as the backbone of rural jobopportunities.

4.62 The objective of rural diversification policy isto sustain and diversify the rural economy byachieving the re-use and adaptation of existingbuildings for commercial, industrial, tourism, sport orrecreational use whilst achieving appropriate


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protection of the countryside. Appropriatedevelopment of new rural buildings can assist in thediversification of the rural economy, but given therestrictions of the Green Belt in the east of the districtand the fact that the Area Around Todmorden to thewest of the district is all designated as SpecialLandscape Area, new development will be strictlycontrolled in the open countryside away from existingsettlements. Proposals for new build developmentoutside the urban areas are dealt with by Policy NE1, Policy NE 7 and Policy NE 8 of the Plan. Ruraldiversification by conversion can reduce demandsfor new building in the countryside, avoid leavingexisting buildings vacant and prone to vandalism anddereliction and provide jobs and is supported in PolicyE2 of RSS. The approach of the UDP is to seek toencourage the re-use of existing rural properties forbusiness and commercial uses. Proposals for otheruses should be accompanied by supportinginformation to demonstrate the non-viability ofcommercial or business uses. Information couldinclude evidence that premises are not economicallyor physically capable of supporting commercial orbusiness uses and/or evidence of marketing that hasresulted in no demand to use the premises forbusiness or commercial uses.

4.63 There are principally three different forms ofrural diversification:-

i. agriculture-based diversification (e.g. alternativecrops, energy crops, woodland management,livestock or management regimes);

ii. farm-based diversification (e.g. farm shops,farm-based food processing and packing); and

iii. non-agricultural use of farmland or buildings(e.g. equestrian businesses, sporting activities,nature trails, craft workshops, recreationalactivities, holiday accommodation,homeworking/teleworking utilising informationtechnology and small-scale industries).

4.64 Some forms of diversification may have a lowimpact on the environment. Others, involvingincreased traffic or public use, particularly those linkedto tourism or commercial activity, might have a muchmore significant impact. Notwithstanding the acceptedneed for rural diversification, uses which detrimentallyalter the landscape or its biodiversity and/or whichare otherwise contrary to the policies of this plan, willbe resisted (see Section 11).

4.65 The future viability of the rural communitydepends largely on its ability to diversify intonon-agricultural activities. The need for ruraldiversification and the conversion of buildings for this

use is outlined in Policy E 13. In order to correctlyinterpret the following policies a ‘rural’ building isdefined as any building in the Green Belt or withinthe Area Around Todmorden. For the avoidance ofdoubt, tourist/visitor accommodation is in principleacceptable and is one of the types of activitiesencouraged for the re-use and adaptation of ruralbuildings. Proposals for the conversion of ruralbuildings to commercial and business uses will beconsidered against the following Policies:-

Policy E 13

Encouraging Rural Diversification

The re-use and adaptation of rural buildingsfor commercial or business uses isencouraged. Development proposals forother uses should be accompanied byevidence to demonstrate the non-viability ofcommercial or business uses.

Policy E 14

The Conversion and Adaptation of RuralBuildings for Commercial or Business Uses.

Development proposals for the re-use andadaptation of rural buildings for commercialor business use will be permitted providedthat:-

i. it is accessible by good quality publictransport as existing or withenhancement and offers pedestrian andcycle access, or alternatively, it isreadily accessible (currently orpotentially) to a local residentialworkforce;

ii. the site has good road access adequatefor the traffic likely to be generated;

iii. the proposed use does not includerequirements for open storage, parking,or other associated development thatwould unacceptably detract from thecharacter of the area (unless suchproblems can be overcome byappropriate screening, boundarytreatments and landscaping);


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iv. the proposal does not cause anyunacceptable environmental, amenity,safety, highway or other problems; and

v. the proposal is consistent with otherUDP policies including policiescontrolling development within theGreen Belt, Area Around Todmordenand Special Landscape Area.

Agricultural, Equestrian and Other AnimalBased Uses

4.66 Whilst farming still makes a significantcontribution to the economy of rural areas, the amountof agricultural land is currently reducing. However, itcannot be assumed that this trend will continue if UKfood production requirements are to be met. Indeed,organic farming is growing both in terms of numbersof producers and demand, creating opportunities forfurther expansion. In Calderdale, the key changes inthe agricultural industry over recent years have beenthe reduction in dairy and arable farming and thedecline in the numbers of farm holdings and workersemployed in full-time farming. Restructuring is likelyto continue into the future.

4.67 The Council is concerned that the countrysideis protected both for its own sake and for its value forfood production and recreation. Once developed,restoration of land to agriculture and there-establishment of wildlife habitats are seldompractical. PPS7 advises that the "best and mostversatile agricultural land should be taken into accountalongside other sustainability considerations". Thisrelates to land in Grades 1, 2 and 3a of theAgricultural Land Classification as defined by theDepartment for Environment, Food and Rural Affairs(DEFRA).

4.68 There is very little higher grade agriculturalland in the District, although some limited areas existto the east of the District. In accordance withGovernment advice, the Council will protect the bestagricultural land within the District from development.Where development of agricultural land isunavoidable, areas of poorer quality land should beused in preference to higher quality land, exceptwhere other sustainability considerations suggestotherwise. These might include, for example, thequality of the landscape, its importance for biodiversityor accessibility to infrastructure or the workforce. Toensure this land is adequately safeguarded the

following policy will apply (except in the case ofmineral working proposals that should be assessedagainst Policies within Section 13):-

Policy E 15

The Safeguarding of Better QualityAgricultural Land

Development will not be permitted if it wouldresult in the loss of the best and mostversatile agricultural land unless:-

i. there is an overriding need for thedevelopment to be sited within aparticular settlement or location and the proposal would provide significantcommunity, social, economic or otherbenefit; and

ii. there is a lack of developmentopportunities in already developedareas; and

iii. it is shown lower quality agriculturalland is not available or its developmentis not practicable.

4.69 Farming is an important land use in theSouthern Pennines and has an intrinsic value forwildlife, particularly within and adjacent to themoorlands in the west of the District. Calderdale isdominated by low grade agricultural land which isnevertheless valuable in supporting the localagricultural industry. The majority of this agriculturalland falls within Grades 4 and 5 and is limited tosheep grazing on upland pasture with some beef anda little small-scale dairy farming in the valley bottoms.However, despite these areas being of low agriculturalgrade, the agricultural practices themselves contributeto the special character of the Pennine environmentand its nature conservation value and they aretherefore worthy of retention. The Heritage Strategyfor the Southern Pennines (2001) indicates that theSouth Pennine landscape and its heritage are underincreasing threat from current changing farmingpractices and agricultural intensification. This isleading to the loss of habitats and a degraded naturaland built landscape. The Heritage Strategy seeks tomaintain the unique landscape character of thePennines. The UDP will support and assist wherepossible the objectives of the Heritage Strategy.

4.70 The majority of the rural area, includingagricultural land is designated as either Green Beltor the Area Around Todmorden and protection is


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therefore afforded through Policy NE 1 and Policy NE8. Similarly, the Special Landscape Area designation,Policy NE 12, particularly in the west of the Districtmeans that new development should respect andenhance the visual quality of the area.

4.71 Many of the farm buildings are of considerableage and of traditional design and materials. It istherefore important that where the Council hasplanning control over agricultural and equestriandevelopments, through prior approval or planningpermissions, every attempt should be made toachieve good standards of design. Modern agriculturalbuildings, by reason of their size and use of alienmaterials, can have a major impact on theappearance of the countryside and should be sitedand designed to alleviate any harmful effects on visualamenity.

4.72 Stables and other small agricultural buildingsare often found close to dwellings in outlying areasand can have an impact on visual amenity. Thefollowing Policy applies:-

Policy E 16

Agricultural and Equestrian Development

Agricultural and equestrian developmentswill be permitted provided that:-

i. any buildings and other facilities are ofgood design reflecting, whereappropriate, local building traditions,the characteristics of the site and theuse of appropriate materials;

ii. the proposal would not have an adverseimpact on sites of recognisedecological, geological or conservationimportance;

iii. the proposal would not result in anyunacceptable environmental, amenity,safety, highway or other problems; and

iv. where appropriate, adequate screeningand landscaping is provided.

4.73 Boarding and breeding facilities for dogs andcats can create amenity and health problems foroccupiers of nearby property. The location ofpremises will be carefully considered on their meritstogether with detailed arrangements for themanagement of the facility to avoid disturbance andhealth problems to nearby residents, as set outbelow:-

Policy E 17

Dog and Cat Boarding/Breeding Facilities

Developments for dog and catboarding/breeding facilities will only bepermitted where all the following criteria canbe met:-

i. the proposals would not result in anyunacceptable loss of amenity to theoccupiers of property surrounding thesite: in particular, adequate measuresshould be taken to control noise fromthe site and premises;

ii. the proposal would not result in anyunacceptable environmental, amenity,safety, highway or other problems;

iii. any buildings and other facilities are ofgood design reflecting, whereappropriate, local building traditions,the characteristics of the site and theuse of appropriate materials;

iv. where appropriate, adequate screeningand landscaping is provided;

v. the scheme includes full acceptabledetails for drainage and the disposal offoul effluent, including animal faeces.

Regeneration of Derelict and DegradedLand and Buildings

4.74 The Council’s corporate priorities includesecuring a clean and attractive built and naturalenvironment and improving the District’s towns,villages and neighbourhoods. Equally, Policy S3 ofRegional Spatial Strategy 'Yorkshire and the HumberPlan' (2004) (RSS) encourages local authorities tofoster the renaissance of existing urban and ruralsettlements. One of the principle means of achievingthese aims is through the redevelopment andregeneration of derelict and degraded land andbuildings that are found throughout Calderdale, themajority emanating from the stock of industrial andbusiness premises that are no longer operational.There are inherent problems associated with suchareas and buildings, since they:-

are +unattractive and detract from theappearance of an area;can possess major environmental problems;reduce prospects for economic development;


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deter investment in and maintenance ofproperty;can present a public health and safety hazardandare a waste of a finite and valuable resourcei.e. land.

4.75 The Council is seeking to promote theregeneration of all land and buildings that couldreasonably be considered as derelict and degraded.The policies do not just apply to those areas thatsuffer from contamination or require remediationworks before development could proceed.

4.76 The Government is committed to maximisingthe re-use of previously developed land and emptyproperties in order to promote regeneration andminimise the amount of greenfield land being takenfor development, as outlined in PPG3. Additionally,reclamation of derelict and degraded land andbuildings can:-

restore community pride;improve the quality of life of the local populationthrough an improvement in the quality of theenvironment;help to improve the image of the district;attract new investment;assist with nature conservation; andimprove the environment of the local area.

4.77 The aspiration, stated in the Urban WhitePaper 'Our Towns and Cities: The Future - Deliveringan Urban Renaissance' (2000), is “to bring previouslydeveloped ‘brownfield’ sites and empty property backinto constructive use, turning them from eyesores intoassets”.

4.78 The Council remains committed to re-usingderelict land and buildings in the District as a keyelement in its regeneration strategy. A shortage ofbuilding land in the District, particularly foremployment generating purposes, requires that allappropriate derelict and vacant land and buildingsare utilised to their full potential. Within the land usepolicy framework of the UDP the Council willencourage the private sector in its important role inthe reclamation of land and buildings and whereappropriate will seek to work in partnership with theprivate sector. Additionally, the Council will continueto seek grant aid and other forms of financialassistance from Yorkshire Forward (the RegionalDevelopment Agency) and external sources in orderto undertake the reclamation of derelict and degradedsites and buildings for employment purposes.

4.79 The Council’s priorities for new uses forderelict and degraded land and buildings reflect thewider priority of job creation and retention in order toprovide security and choice of employment relatedopportunities. Some sites will be capable ofdevelopment once remediation has taken place andit is important that these sites are brought forwardquickly to allow new employment related buildings tobe developed to meet particular needs. However,where sites were not previously used for employmentpurposes and such a use is not appropriate orachievable, or where redevelopment for employmentuse is unlikely to ever occur (as assessed againstPolicy E 5), their re-use or redevelopment forappropriate other non-employment uses is supported.The redevelopment of land or buildings must beappropriate to the character and function of thelocality, and must be complimentary to other uses inthe locality and not create potential conflict throughissues such as traffic, environment or amenityproblems. As well as bringing forward sites fordevelopment it is also important that ‘greening’ of theurban environment occurs and that provision forrecreation and leisure facilities and the creation ofopen space is undertaken.Where derelict and vacantland is unlikely to be developed in the near futurelandscaping will help improve the environment in theinterim period. The Council will seek an ecologicalapproach to such landscaping in order to createnatural habitats which are attractive, yet easy tomaintain, but will not prejudice longer-termdevelopment. Some derelict sites contain intrinsicwildlife interests and habitats and where possible theCouncil will seek to retain these. Opportunities willbe sought to create wildlife habitats in the reclamationof derelict and vacant land. Derelict and degradedland will be utilised to meet the needs of the districtfor development and for environmental improvement.Proposals for the reclamation and restoration ofderelict and degraded land will be developed inaccordance with the preferred Council priorities.Proposals will be considered against the followingPolicies:-

POLICY GE 4

PRIORITIES FOR THE RECLAMATION ANDRESTORATION OF DERELICT LAND ANDBUILDINGS

THE COUNCIL IS SUPPORTIVE OFDEVELOPMENT PROPOSALS FOR THERECLAMATION AND RESTORATION OFDERELICT AND DEGRADED LAND AND


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BUILDINGS. PRIORITY WILL BE GIVEN TOTHE RE-USE OF LAND FOR EMPLOYMENTPURPOSES, BUT IN CIRCUMSTANCESWHERE THIS IS NOT ACHIEVABLE ORAPPROPRIATE OTHER USES THATCONTRIBUTE POSITIVELY TO THE VISUALAND PHYSICAL ENVIRONMENTAL QUALITYOF THE AREA WILL BE SUPPORTED.

Policy E 18

The Reclamation and Restoration of DerelictLand and Buildings

Development proposals for the reclamationand restoration of derelict and degraded landand buildings will be permitted providedthat:-

i. the proposal has regard to the Council’spriorities for the re-use of derelict landand buildings;

ii. the proposal is appropriate to thecharacter and function of the locality(as defined in other UDP policies), iscomplimentary to adjacent uses, andoverall objectives and other policies ofthe Plan will be achieved;

iii. any nature conservation value of thesite is investigated and, where possible,measures are taken to protect andenhance this interest.

Upper Calder Valley RenaissanceStrategy

4.80 The Upper Calder Valley RenaissanceStrategy is a joint initiative between the Council andYorkshire Forward.The objective is to take an holisticapproach to a valley wide restoration of civic pride

and economic dynamism in the market towns.Theseinitiatives have involved the work of consultants, localpeople, Calderdale Council and a number of expertsin various disciplines looking at the area as a wholeand the development of a vision and strategy for thecoming 25 years.

4.81 The strategy sets out a wide range of activityencouraging vitality and viability to previously rundown areas. There are five specific areas that havebeen included within the Upper Calder ValleyRenaissance Strategy, where regeneration will befocused through social, physical and economicimprovements.These areas include parts of Walsden,Todmorden, Hebden Bridge, Mytholmroyd andSowerby Bridge (which is the most ambitious). It isimportant the UDP recognises the proposedsite-specific vision aiding the regeneration of thesetowns.

4.82 The concept of regeneration in the UpperValley is to attain a balanced approach to improvingthe quality of life and the wellbeing of the areas. Thefocus of the strategy is to achieve regenerationthrough mixed-use development to includeemployment, workshops and community uses, aswell as the building of new homes, to ensure that theopportunities afforded by these sites are notsquandered by just building residential development.The Council places emphasis on the supportingschemes for the improvement of sites, buildings andthe public realm within the regeneration priority areasto retain and encourage mixed-use developments,which are beneficial for the community. They mayalso bring about alleviation of significantenvironmental, highways, noise, disturbance andother local problems within these areas.

4.83 These Regeneration Priority Areas aredistinguished from the Regeneration Action Area atSowerby Bridge Copley Valley by being promotionalfocuses for change rather than for the location ofspecific development proposals and are set out in thetable below.

Table 4.1 Upper Calder Valley Regeneration Priority Area

Upper Calder Valley Renaissance StrategyPlace

WalsdenTo utilise the quality of the existing buildings and environment around the riverand canal to renew and regenerate the heart of the town.

Todmorden

To create a new 21st Century market place centred on Bramsche Squarethrough innovative and coordinated design and redevelopment of both privateand public sector development sites.


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Upper Calder Valley Renaissance StrategyPlace

Hebden Bridge

To create a series of high quality public spaces and routes that improve thepedestrian environment and bolster economic performance of the town centreas well as acting as a focus for the town by providing space for markets, festivalsand the outward expression of creativity.

MytholmroydTo create new urban spaces which develop the heart of this town, linked to thedevelopment of a Ted Hughes Centre.

Sowerby Bridge

To regenerate the town centre between Wharf Street and the station throughthe creation of a new mixed-use quarter that reconnects the disparate areasof the town and creates a high quality town centre environment.

Policy E 19

Regeneration Priority Areas in the UpperCalder Valley.

Regeneration Priority Areas in the UpperCalder Valley are shown on the ProposalsMap to stimulate vibrant mixed-usedevelopments. Initiatives for improvementsto infrastructure, the environment and thestock of land and buildings will be supportedin order to improve economic and socialprospects in the area. Developmentproposals should be focused towardsbenefiting the whole community and shouldnot focus solely on residential use.

The boundaries of the Regeneration PriorityAreas are shown on the Proposals Map withthe exception of Hebden Bridge where theTown Centre designation makes provisionfor the proposed regeneration.

Regeneration Action Area : SowerbyBridge to Copley

4.84 This Regeneration Action Area has emergedfrom Yorkshire Forward’s Upper Calder ValleyRenaissance Initiative and seeks to improve economicand social prospects in the area between SowerbyBridge and Copley. The primary purpose of theproposal is to facilitate the retention of existingemployment and encourage further employmentopportunities in order to assist the development of asustainable community.

4.85 The Action Area would see approximately 11ha of brownfield land restored to productive use witha potential for 300 to 400 jobs either new orsafeguarded; an extended town centre focus forSowerby Bridge; an improved highway network thatwill take heavy industrial traffic off Holmes Road andimprove access to the extended town centre focus;and there would be a significant amount of privatesector investment. As part of the overall proposal anelement of residential use on the Sterne Mill site,appears to be required to make this schemefinancially viable. However, the residentialdevelopment is linked inextricably with the economicdevelopment on other parts of the site and will not besupported in isolation.

4.86 The remaining site area of Sterne Mill will bedeveloped for office and leisure use. Land to the eastof Sterne Mill will be sports pitches, and land southof the river developed for general industry and offices.The businesses currently restricted by their existinglocations on Holmes Road adjacent to SowerbyBridge railway station would be relocated to landsouth of the river.This would enable the regenerationof an extended town centre focus for Sowerby Bridgeon this vacated site. The site for the extended towncentre focus would be mixed-use with predominantlyresidential development and would include elementsof retail and office space.

4.87 The Milner Royd Local Nature Reserve (LNR)would be partly affected by development and as aresult reduced in size to two hectares. A second newLNR is to be created on land south of the River Caldereast of Sterne Bridge.The sports pitch currently sitedat Milner Royd LNR is to be relocated onto land eastof the existing Milner Royd Allotments.

4.88 A proposed new link road from MearcloughRoad to Wakefield Road via Sterne Mill and land


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south of the River Calder would create an improvedaccess to the proposed extended town centre focus.This Regeneration Action Area has been prone toflooding in the past, however, a 1:100 year floodlineand 1:50 year floodline has been agreed with theEnvironment Agency, which distinguishes thedevelopable area from the floodplain.

Policy E 20

Regeneration Action Area: SowerbyBridge/Copley Valley

Land between Sowerby Bridge and Copleyis identified on the Proposals Map as aRegeneration Action Area to assist in thedevelopment of a sustainable economy forthis part of the District and to stimulatevibrant social and economic prospects.Action within this Regeneration Area willfocus upon the following: -

i. An extended mixed-use town centrefocus for Sowerby Bridge (on the landvacated by businesses off HolmesRoad).

ii. Development of office and industrialuse on land south of the River Calderopposite Sterne Mill, including thereplacement of existing sports facilities.

iii. Development of a mixed residential,office and leisure use on Sterne Mill.

iv. Development of sports pitches on landeast of Sterne Mill.

v. Protection of part of the Local NatureReserve at Milner Royd.

vi. Creation of a new Local Nature Reserveon land south of the River Calder eastof Sterne Bridge.

Development within this Regeneration ActionArea needs to be considered in acomprehensive way. In particular, residentialdevelopment at Sterne Mill will only beallowed as part of a comprehensive schemeto bring the land south of the river forwardfor development.

Footnote:- Should circumstances out ofCalderdale Council’s control prevent thiswider scheme within the Regeneration ActionArea from progressing, then the fall backposition is to develop the Sterne Mill site inisolation solely for employment use.

Sowerby Bridge Canal Wharf

4.89 An opportunity for the further development ofwater based leisure and recreation exists in SowerbyBridge where a number of wharfs are grouped aroundthe junction of the Calder and Hebble Navigation andthe Rochdale Canal. The Sowerby Bridge CanalWharf is a Class II Archaeological Site containingseveral listed buildings including the Grade II* CanalWet Dock and Salts Warehouse. The opening up tothrough navigation of the canal system in SowerbyBridge has been a major boost to the town.The canaland associated canal wharfs have been key catalyststo the ongoing regeneration of the town. Therehabilitation and commercial development of thewharfs at the Sowerby Bridge canal junction as shownon the Proposals Map for recreation, leisure and jobcreating uses will be supported as part of the overallregeneration concept for the centre of Sowerby Bridgeas a whole. Therefore the following Policy will apply:-

Policy E 21

Sowerby Bridge Canal Wharf

Proposals which support the rehabilitationof the wharf area at the junction of the Calderand Hebble Navigation and Rochdale Canalsin Sowerby Bridge as shown on theProposals Map for recreation, leisure andcommercial development will be supportedproviding that the proposal does not causeenvironmental, amenity, highway, parking orother problems and is compatible with thecontinued use of the area for navigation,mooring and as a boat yard and commercialcentre.

The Piece Hall

4.90 The Grade I Listed Piece Hall in central Halifaxis one of the most important buildings in Calderdale.Whilst it has been reasonably successful over theyears in attracting visitors, the changes that haveoccurred in the expectations that people haveregarding such facilities, together with an increase inthe growth of attractions elsewhere, have meant thatthe Hall has become relatively less attractive. Overthe Plan period, the Council expects that the PieceHall will be further developed both as an attractionand as an important part of the regeneration of centralHalifax, bearing in mind the historical and architecturalsignificance of the building. Accordingly:-


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Policy E 22

The Piece Hall

The Piece Hall in Halifax will be developedand promoted, having regard to the historicand architectural importance of the buildingand its role in the regeneration of Halifaxtown centre.

4.91 Reference should also be made to thefollowing relevant policies : - Policy BE 14, Policy BE15, Policy BE 16 and Policy BE 17.


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5 Housing

Introduction

5.1 PPG3 ‘Housing’ (2000) provides detailedguidance on the Government’s strategy to improvethe housing of the nation. This stresses theimportance of a co-ordinated approach to thepreparation of UDPs and councils’ Housing Strategieswithin the context of the Government’s widerobjectives of delivering an urban renaissance andfurthering the principles of sustainable development.As the Council no longer has its own house-buildingprogramme it must achieve these objectives byinfluencing others, particularly Central Government,the Housing Corporation, Registered Social Landlordsand the private sector. Many factors influencing thehousing market such as mortgage interest rates andincome levels are beyond the control of the Council.The Council can, however, make a positivecontribution to meeting the housing needs of theDistrict through encouraging and enablingimprovements to the existing housing stock, selectingland for housing development, influencing the buildingprogrammes of Registered Social Landlords andcontrolling the location and type of private housingdevelopment.

Strategy for Housing

5.2 The overall objectives of the Housing Sectionof the Replacement UDP reflect those of theGovernment as set down in PPG3, Regional SpatialStrategy (RSS) for Yorkshire and the Humber (2004)and also the wider sustainability objectives set out inthe introduction to this Plan. These can besummarised as follows:-

meeting the housing requirements of the wholecommunity, including those in need of affordablehousing and those with specialised housingneeds;providing a better mix in the size, type andlocation of housing and creating mixedcommunities;providing sufficient housing land but givingpriority to re-using previously developed landwithin urban areas, bringing empty homes backinto use and converting existing buildings, inpreference to the development of greenfieldsites;creating more sustainable patterns ofdevelopment by ensuring new housing is linkedby public transport and other non-car modes to

employment, education and health facilities,shopping, leisure and local services;promoting good design and energy efficiencyin new housing developments in order to createattractive, high quality living environments inwhich people will choose to live; andmaking more efficient use of land by increasingdensities of housing development.

These objectives are set out in Part One POLICY GH1 and POLICY GH 2:-

POLICY GH 1

MEETING CALDERDALE’S HOUSING NEEDS

THE HOUSING NEEDS OF CALDERDALEWILL BE MET THROUGH:-

I. THE IMPROVEMENT ANDMAINTENANCE OF EXISTING HOUSINGAND THE BRINGING BACK INTO USEOF EMPTY HOMES;

II. THE CONVERSION OF EMPTY ANDUNDERUSED NON-RESIDENTIALPROPERTIES, INCLUDING THOSEABOVE SHOPS AND BUSINESSPREMISES,TO HOUSING;

III. THE ALLOCATION OF A RANGE OFSITES TO ENABLE A MIX OF HOUSETYPES AND SIZES TO BE BUILTWHERE SUCH DWELLINGS AREACCESSIBLE TO SCHOOLS, JOBS,SHOPS AND LEISUREOPPORTUNITIES, NOT ONLY BY CARBUT ALSO BY PUBLIC TRANSPORT,WALKING AND CYCLING;

IV. THE PROVISION OF AFFORDABLEHOUSING FOR THOSE WHO CANNOTAFFORD TO BUY OR RENT HOUSINGWHICH MEETS THEIR NEEDS IN THEOPEN MARKET AND THE DISPERSALOF THIS HOUSING THROUGHOUTINDIVIDUAL DEVELOPMENT SITES;

V. THE PROVISION OF SPECIALISEDHOUSING ACCOMMODATION FORDISADVANTAGED GROUPS; AND

VI. RECOGNITION OF THE NEED TOINTEGRATE HOUSING DEVELOPMENTWITH OPEN SPACE PROVISION,COMMUNITY SAFETY AND CRIMEPREVENTION, GOOD DESIGNREFLECTING THE NEEDS OFCOMMUNITIES AND THE AVAILABILITY

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OF INFRASTRUCTURE, INCLUDINGSCHOOL PLACE PROVISION.

Existing Housing Areas

5.3 There are approximately 85,500 dwellings inCalderdale, the majority of which are concentratedwithin well defined housing areas in the main towns.The remaining dwellings are located in smallersettlements or in a scattered pattern throughout theoutlying areas of the District. Existing residential areasperform a vital role within the District. They are anintegral part of the fabric contributing to the identityof Calderdale. Furthermore, the retention of theexisting stock needs to be safeguarded as it reducesdemands for new housing and land.

5.4 The consolidation and retention of such areascomplements the objectives of Central Governmentand RSS (2004). In addition, within these mainhousing areas are located the schools, facilities andpublic transport to meet the needs of the localpopulation. Any significant change to this broadpicture of the distribution of housing in Calderdalecannot therefore be proposed. In addition, it is clearthat people are increasingly concerned with theirquality of life and place great emphasis on themaintenance or creation of a good housingenvironment. Most people will no longer tolerate themixing of incompatible industrial and commercial landuses with residential land uses, still so often a legacyof the past in Calderdale. The Council believes thatthis concern for the reasonable segregation ofincompatible land uses should be reflected in UDPpolicies. Therefore, the Council will support andencourage improving residential standards of housingareas by defining Primary Housing Areas (PHAs) onthe Proposals Map. Within these areas proposals forhousing development on previously developed landwill normally be supported, subject to policies andguidelines designed to protect and enhance thequality of the residential environment. It is appreciatedthat these housing areas will contain and require amix of non-residential uses which support andenhance residential amenity by providing muchneeded local facilities such as shops, schools,religious and community buildings and public houses.Evolution of these areas, reinforced by decisions onplanning applications will, over time achieve theclearer segregation of incompatible land uses. Theobjective is to resolve conflicts where neighbouringuses are clearly reducing the quality of people's lives.Removing areas of mixed-use is not the intention,particularly those areas where businesses on a small

scale exist and which have evolved historically, asfor example, in the Hebden Bridge area. The Planrecognises the value of such areas in giving theDistrict its character and being attractive to tourists.The following Policies therefore apply:-

Policy H 1

Separation of Housing and Industry

Where neighbouring uses, which areincompatible with one another, result in thecreation of significant traffic, amenity,environmental or other problems, measureswhich achieve the separation of these useswill be permitted.

Policy H 2

Primary Housing Areas

Primary Housing Areas are defined in themain settlements of Calderdale as shown onthe Proposals Map. Within these areasproposals for new housing on previouslydeveloped land will be permitted, along withchanges of use to housing and theimprovement and extension of existinghousing provided no unacceptableenvironmental, amenity, traffic or otherproblems are created and the quality of thehousing area is not harmed, and whereverpossible, is enhanced. Proposals for newhousing on vacant land not previouslydeveloped and for other uses in PrimaryHousing Areas will be assessed against therelevant UDP policies.

5.5 Policy H 2 places great emphasis on theexisting housing areas, whether privately or publiclyowned, to help meet the District’s housing needs. Itis therefore, important to improve these areas to meetthe needs and aspirations of the people who live orwould seek to live within them. The Council hasdevised and sustained a number of programmes ofarea housing improvements (such as GeneralImprovement Areas for privately owned housing andEstates Improvements for houses within the publicsector). It is vital that the momentum of theseinitiatives to improve the existing housing stock aremaintained and possibly increased in the future.

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Current priorities are reflected in the Council’sHousing Strategy prepared by Housing andCommunity Support.

5.6 The Housing Grants, Construction andRegeneration Act (1996) together with the alliedchanges to the home renovations grant system hasrequired the Council to review its policies with regardto tackling unfitness and disrepair in the privatesector. Area improvement remains a focus forrenovation activity.The West Central Halifax RenewalArea (Calderdale’s first) is being implemented througha phased programme of 'Group Repair'. Further areasfor possible Renewal Area declaration are beinginvestigated as part of the Council’s private sectorHousing Strategy. The Council recognises that areaimprovement is most sustainable when integratedwithin a wider regeneration strategy. For example,an area in Sowerby Bridge is being targeted forrenovation where the benefits are linked with a widerprogramme of social and economic regeneration inthe town associated with Single Regeneration Budget(SRB) funds. It is equally apparent that not all areasof older housing may be suitable for programmingalong formal Renewal Area lines. Therefore, thefollowing applies in respect of private housing areaimprovement:-

Policy H 3

Housing Renewal

To ensure the efficient and effective use ofland in the District within the PrimaryHousing Areas and in accordance withstrategic priorities for urban regeneration,housing renewal areas will be promoted orselected forms of housing assistancetargeted.This will be done so as toencourage co-ordinated action and resourceallocation in a sustainable improvement ofthe existing private housing stock. Whereappropriate, acquisition and clearanceactivity will also be considered.

5.7 Not all the problems of private housing disrepaircan be successfully tackled by area based policies.These policies need to be supported by measures totackle individual properties. The new discretionaryrenovation grant system has enabled the authority totarget resources to households with special problemsand most in need, such as the disabled and elderly.At the same time there are an estimated 1,450 priorityempty private dwellings. Investment will be needed

in partnership with external agencies to bring theseback into use. If this investment does not take place,then the likelihood of housing demolition will increase,possibly leading to the need for further land to beallocated for new housing development. The Councilhas adopted a co-ordinated, proactive approach totackling the problem of long term empty homes.Therefore:-

Policy H 4

Improvement and Re-use of ExistingDwellings

To ensure the efficient and effective use ofland in the District and where possible andappropriate, the retention, improvement andre-use of individual private dwellings will bepromoted in order to reduce the need forredevelopment or new housing in Calderdale.

Additional Housing

Amount of New Housing Provision

5.8 The previous UDP adopted in 1997, madeprovision for approximately 10,100 new dwellings tobe created between 1986 and 2001. During thisperiod some 7,550 dwellings were built. At the endof the Plan period (31/3/01) planning permissionexisted for some 3,000 dwellings whilst a number ofthe Plan’s housing allocations remained. All of thenew housing allocations in the Plan were locatedwithin the existing urban areas, avoiding the need torelease land from the Green Belt and included amixture of sites, some of which had been previouslydeveloped and others which had not.

5.9 Since the previous UDP was adopted theGovernment has replaced the 'Predict and Provide'approach with that of 'Plan, Monitor and Manage'.This recognises that the Government’s householdprojections represent the projected outcome ofcomplex economic and social processes.Theytherefore carry a degree of uncertainty requiring thelevel of housing provision planned for to be moreclosely monitored and the Plan amended accordingly.Future development must also be planned as part ofa strategy to deliver both an urban and a ruralrenaissance. This new approach is set down in bothPPG3 and RSS for Yorkshire and the Humber (2004).

5.10 Nationally the Government has predicted that3.8 million further households will form by 2021. RSS

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anticipates that the annual average housing provisionfor Yorkshire and the Humber should be 14,765between 1998 and 2016. This is to be treated as thebenchmark against which actual provision ismonitored.

5.11 PPG3 requires local authorities, whenpreparing their development plans to have regard toRegional Planning Guidance (RPG) and to avoidre-opening consideration of the level of housingprovision which has been considered in full within theRPG process. This advice is particularly relevant inYorkshire and the Humber Region where theSecretary of State only approved the RPG12 inOctober 2001. These figures were subsequentlyincorporated unchanged into RSS for Yorkshire andthe Humber (2004).

5.12 The actual distribution of the housingrequirement amongst constituent local authorities isnot based purely on demographic factors but reflectswider policy objectives. These include maximisingthe use of urban potential and the use of previouslydeveloped land, ensuring an appropriate relationshipbetween the location of housing and employment andenvironmental considerations.

5.13 This approach means that Calderdale’s shareof the regional housing requirement, as set down inthe RSS, is 450 dwellings per annum or 8,100additional dwellings between 1998 and 2016 (3% ofthe regional total).

5.14 The period of the UDP Review does notcoincide exactly with the period for the housingrequirement in RSS. Prior to the start of the planperiod 1,698 dwellings were built between April 1998and March 2001, in excess of the 450 per annum setdown in RSS. In total requirement terms this wouldleave 6,402 dwellings to be provided for by 2016 tomeet the housing requirement of 8,100. However,Policy H1 of RSS states that development plansshould be expressed in a way that enables the annualaverage increase in the housing stock to be achievedas set down in RSS Policy H1. Therefore the Planmust make provision for 450 dwellings per annumover the Plan period or a total of 6,750 dwellings.Thiscompares with an annual completion rate of some500 dwellings over the period of the previous UDPadopted in 1997 and 770 dwellings per annum overthe first 5 years of the Replacement Plan.

5.15 The level of housing supply available inCalderdale is currently far in excess of the housingrequirement in RSS.This is largely due to the numberof brownfield sites coming forward as windfall

development, a situation likely to continue for theforeseeable future. At some point an oversupply willcontribute towards the undermining of regionalregeneration objectives. At 31st March 2006, (the endof Phase 1) there were 5970 dwellings either withplanning permission or under construction, includingthe four Phase 1 allocations, whilst the overall supplyfor the plan period (excluding completions) was 8320units. The remaining Phase 1 supply alone equatesto 13.25 years supply based on RSS requirement of450 dwellings per annum. Given this position thereis clearly a need for the Plan to contain some form ofregulatory mechanism to enable the Council to refuseplanning permission for additional housingdevelopments when there is a situation of oversupply.

5.16 In order to determine when it is necessary toinstigate a measure of restraint a significant netoversupply needs to be defined. This is defined forthe purposes of Policy GH2A(II) as when the forecastnet increase in housing stock over the following fiveyears exceeds RSS required annual average for thatperiod (that is 450 x 5 = 2250).

5.17 The regulatory mechanism in Policy GH2A(II)will apply to the majority of housing developmentincluding greenfield sites, brownfield windfalls andallocated land in order that it is effective in controllinghousing supply. However, there are other planningobjectives to be achieved through the Plan which aredependent on housing development proceeding. Inthese circumstances the Policy will not generallyapply. Such circumstances may include allocatedsites where development would assist regenerationobjectives, such as is the case with the majority ofthe mixed-use allocations. In order not to jeopardisethe provision of affordable or social housing the policywill not apply to these types of development. Othercategories to be excluded from the Policy may includethose residential developments that contribute to thebalanced social, economic and environmentalwellbeing of a locality and replacement dwellings.The Council will produce a Supplementary PlanningDocument (SPD) to explain more fully how the Policywill work including further details of the types ofresidential development to be excluded from it.

5.18 In promoting more sustainable patterns ofdevelopment the Government requires more efficientuse of land by maximising the re-use of previouslydeveloped land and the conversion and re-use ofexisting buildings as outlined in PPG3. Such anapproach will promote urban regeneration andminimise the amount of greenfield land being takenfor development.The Government has, therefore, seta national target of 60% of additional housing to be

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provided on previously developed land and throughthe conversion of existing buildings by 2008. In turn,RSS contains a target of 60% for Yorkshire and theHumber with a sub-regional target for West Yorkshireof 63%. The target of 74% for Calderdale is thesecond highest in the region. The Council hasmonitored the amount of housing development onpreviously developed land since 1999. This showsthat in the period April 1999 to March 2006, 75% ofnew homes were being created on previouslydeveloped land.

5.19 PPG3 requires local planning authorities toundertake Urban Capacity Studies (UCSs), whichassess the potential of the urban areas toaccommodate more housing having regard to whetherthe land is previously developed or not. RSS (2004),in setting targets for the re-use of previouslydeveloped land, requires UDPs to review thesetargets in the light of their UCSs. Clearly all UDPsshould aim to meet their targets otherwise theobjective of achieving the regional target will beundermined.

5.20 As the Government’s policy on brownfield landgains momentum a greater proportion of dwellingsare expected to come from this source.The UCS onlyconsidered land within the urban areas but there arelikely to be additional brownfield sites which comeforward from outside the urban areas. Several mills,for example, which are unused or underused andwhere interest for conversion to residential use hasbeen expressed, are located in the Green Belt beyondthe urban areas. It is clear that in order to achievethe 74% target in RSS, any opportunities which arisein the form of developer interest in suitable sites mustbe pursued to help bring these sites forward.However, schemes for the development of brownfieldsites/buildings outside the urban areas will be subjectto other UDP policies and in particular POLICY GP3, Policy NE 1, Policy NE 4 and Policy NE 8. Ananalysis of the supply of housing land as set out inTables 5.1 and 5.2 and Policies H5 and H7demonstrates that some 85% of all new dwellings willbe built on brownfield sites.The housing requirementis therefore as set out in the following Policy:-

POLICY GH 2

PROVISION OF ADDITIONAL DWELLINGS

PART A

I. PROVISION WILL BE MADE FORAROUND 6750 ADDITIONALDWELLINGS TO BE CREATED WITHINCALDERDALE BETWEEN 1st APRIL2001 AND 31st MARCH 2016.

II. TO PREVENT OVERSUPPLY OFHOUSING,THE COUNCIL WILLPRODUCE SPD TO ENABLE THEREFUSAL OF PLANNING PERMISSION,FOR HOUSING DEVELOPMENTSWHICH MIGHT OTHERWISE BEACCEPTABLE UNDER UDP POLICIES,WHEN THE FORECAST NET INCREASEIN HOUSING STOCK FOR THEFOLLOWING FIVE YEARS EXCEEDSTHE PREVAILING RSS REQUIREDANNUAL AVERAGE FOR THAT PERIOD.

PART B

THE TARGET FOR THE PROPORTION OFNEW HOUSING BUILT ON PREVIOUSLYDEVELOPED LAND OR ARISING THROUGHTHE CONVERSION OF EXISTING BUILDINGSWILL BE IN THE ORDER OF 85%.THISFIGURE WILL BE REVIEWED IN THE LIGHTOF UP-DATES TO THE URBAN CAPACITYSTUDY.

The Managed Release of Housing Sites(Phasing)

5.21 An essential element of the Plan, Monitor andManage approach is the managed release of land forhousing. PPG3 requires the Council to manage therelease of sites over the Plan period in order to controlthe pattern and speed of urban growth, to ensure thatnew infrastructure is co-ordinated with new housingdevelopment and to deliver the recycling target.Without such an approach, the sites which are easiestto develop would be developed first.

5.22 PPG3 advises that a phasing approach is themost suitable mechanism for managing the releaseof land as it gives more certainty in the determinationof planning applications. In adopting a phasing policythe fundamental aim is to ensure that no more landis used for housing development than is necessary,

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and that, as far as possible, previously developedsites are developed for housing before greenfieldsites. The Plan has therefore been divided intophases from the base date as recommended in theDTLR’s Best Practice Guide ‘Planning To Deliver’(2001).

5.23 In identifying new land for housing to allocatein each phase the broad search sequence set downin PPG3 has been followed but interpreted in moredetail as set down in RSS, Policy H2. The searchsequence was therefore as follows:-

previously developed land and buildings withinthe urban areas and identified in the urbancapacity study subject to such sites providingdecent accommodation and being in anacceptable setting;infill within the urban areas subject toappropriate levels of greenspace being retainedand the character of the urban area beingconserved and enhanced where possible;land on the periphery of the main urban areasand urban extensions where the land isaccessible or capable of being made accessibleto services and jobs by public transport andother non-car modes. Priority has been givento previously developed sites and conversionsbefore greenfield sites. RSS defines Halifax asa major urban area and therefore appropriateto take a major share of Calderdale’s housingrequirement;sites around nodes in good public transportcorridors.

5.24 Having identified sites in accordance with thesystematic search sequence in PPG3 and RSS anassessment of these sites was conducted using thecriteria set down in PPG3 (paragraph 31). Thesecriteria include an assessment of the relativesustainability credentials of the sites.The criteria are:-

the availability of previously developed sites andempty or under-used buildings and theirsuitability for housing use;the location and accessibility of potentialdevelopment sites to jobs, shops and servicesby modes other than the car and the potentialfor improving such accessibility;the capacity of existing and potentialinfrastructure, including public transport, waterand sewerage, other utilities and socialinfrastructure to absorb further developmentand the cost of adding further infrastructure;the ability to build communities to support newphysical and social infrastructure and to providesufficient demand to sustain appropriate localservices and facilities; andthe physical and environmental constraints ondevelopment of land, including, for example, thelevel of contamination, stability and flood risk,taking into account that such risk may increaseas a result of climate change.

5.25 The total housing supply for Phase 1 is shownin Table 5.1. This includes completions from the startof the plan period to 31 March 2006 and existingcommitments in the form of planning permissions andsites under construction at 31 March 2006.

Table 5.1 Phase 1 Supply as at 31 March 2006

Notes%Dwellings

onGreenfield

Land

%Dwellings

onPreviouslyDeveloped

Land

Dwellings

21793857Completions 1/4/01 to31/3/06

New build and conversions includingallocations with permission

8925970Sites with planningpermission & underconstruction 31/3/06

000Windfalls

All the Phase 1 allocations have planningpermission and are included in row 2

000Allocations

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Notes%Dwellings

onGreenfield

Land

%Dwellings

onPreviouslyDeveloped

Land

Dwellings

13879827TOTAL SUPPLY

Annual requirement of 450 x 5 2250Phase 1 Requirement

+7577Relationship to Phase 1housing requirement

5.26 Allowances must be made for the contributionlikely to come from brownfield windfalls since as theDTLR's Best Practice Guide 'Planning to Deliver'(2001) states these must be taken account of due tothe effect they are likely to have on any phasingstrategy.Windfall sites are previously developed sitesthat have not been specifically identified as availablein the local plan process. Whilst they do make animportant contribution to the housing supply they alsocomplicate the managed release of sites.The figuresfor windfalls included in this plan are based on theassumptions made at the time the Plan was prepared.These have not been updated to the end of Phase 1like the other figures relating to supply since theycannot by their nature be simply a matter of numericalfact but are based on assumptions which have beentested through the statutory plan process. Theappropriate place to update these figures is theAnnual Monitoring Report prepared by the Council.In assessing the likely contribution from windfalls thepotential can be split into those windfalls involvingnew build development and those arising fromconversions:-

New Build - In total windfalls came forward at a rateof 295pa over the seven year period 1996 to 2003,well above the rate allowed for in the previous UDP(1997). In the past there was no requirement tomonitor the relative propor tions ofbrownfield/greenfield sites and therefore no long-terminformation was available on the number of windfallscoming forward on previously developed sites at thetime the Plan was prepared. By applying theproportion of windfalls on brownfield sites for theperiod for which this information was available, to thetotal number of windfalls for the seven year period1996 to 2003, the likely contribution from windfallswas projected to be 205 dwellings per annum.

Conversions - Over the 17 year period 1986 to2003, including the period of the previous UDP(1997), dwellings arising from conversions averaged

90 dwellings per annum. Whilst a number of largeformer textile mills have already been developed,there are many others which are either vacant orunderused and in which interest for conversion toresidential use has been expressed. PPG3 requireslocal authorities to take a positive approach towardsthe conversion of existing buildings. Past rates ofconversion activity are therefore expected, at the veryleast, to continue.

5.27 Table 5.1 shows the housing supply updatedto reflect the position at the end of Phase 1 of thePlan (31 March 2006). Not all of these commitmentswill be built in Phase 1 and will carry forward to Phase2. The actual supply was well above that required inPhase 1, even without the inclusion of any newallocations, when the Plan was originally drafted.Thisremains the case at the end of Phase 1. However, inorder to encourage previously developed sites tocome forward and to maintain existing developerinterest in certain sites, including some that haveproved difficult to bring forward for development,several allocations were included. Some of thesesites also have significant lead in times and thereforeneeded to be allocated early in the plan period.Thesesites will assist in the achievement of widerregeneration objectives and also ensure a supply ofsites of sufficient size to accommodate a mix of housetypes, including affordable housing. All of the Phase1 allocations have now gained planning permissionand are under construction.The allocations are shownin Policy H 5:-

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Policy H 5

Phase 1 Housing Allocations

Proposals for residential development on any site allocated on the Proposals Map as a Phase 1housing site will be permitted where they are consistent with other UDP Policies.

Status 31 March2006

IndicativeDensity

IndicativeCapacity

Size(ha)

TypeLocationSite Ref

underconstruction

633385.4PDLHalifax Royal Infirmary,Free School Lane, Halifax

HS1-1

underconstruction

35531.5PDLLand adjacent HeathmoorPark Road, Abbey Park,Illingworth

HS1-2

underconstruction

312779.0PDLFormer Fountain HeadBrewery, Ovenden WoodRoad, Halifax

HS1-4

underconstruction

381935.07PDLLand adjacent KeighleyRoad, Abbey Park,Illingworth

HS1-5

PDL = Previously Developed Land GF = Greenfield Land

5.28 The phasing approach to the managed releaseof sites will be monitored in order to ensure theobjectives of PPG3 are being met including meetingthe District’s housing requirement. Should thismonitoring demonstrate that there is a significantoversupply of housing land then POLICY GH 2 willbe applicable. If amendments are required toindividual phases, sites will be re-assigned to differentphases via a Supplementary Planning Document(SPD) which will be produced by the Council. Factorswhich may require such a revision would be theimpact of windfall sites (either more or fewer comingforward than anticipated in the Plan), the developmentof housing on the mixed use sites included in PolicyE 4 , Policy H 7 and Policy H 8 or other materialconsiderations. Therefore:-

Policy H 6

Monitoring of Housing Developments

The appropriateness of the list of sites ineach phase will be monitored against theprevailing annual housing requirement figurein the Regional Spatial Strategy for Yorkshireand the Humber (2004) in order to ensure theprincipal objectives of the Plan are being metand to take account of any windfalldevelopments affecting those objectives.Sites will be reassigned to different phaseswhere monitoring demonstrates this to benecessary. In assessing planningapplications for residential development onwindfall sites the supply of housing at thetime will be a significant materialconsideration.

Phase 2 will be informed by this monitoring but theexpected supply for Phase 2 is currently as shown inTable 5.2.

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Table 5.2 Phase 2 Supply as at 1 April 2006*

Notes% Dwellingson Greenfield

Land

% Dwellings onPreviously

Developed Land

Dwellings

205 pa x 501001025Windfalls

90 pa x 50100450Conversions

0100258Allocations

Former MU7 andMU10

0100167Mixed Use Sites

01001900Total Supply

Annual Requirementof 450 x 5

2250Phase 2 TheoreticalRequirement

-350Relationship to phase 2Requirement

* Table not updated on adoption of the Plan

5.29 The allowance for windfalls will be verifiedthrough the monitoring process but there are currentlyno indications that the level of windfalls will decline.The capacity study found many sites too small toallocate but capable of accommodating housing. Italso identified numerous employment premises thatwere either unused or only partially in use. Many suchpremises have come forward as windfalls and thistrend is expected to continue, particularly followingthe Government’s changes to PPG3 in January 2005,regarding surplus employment sites being re-used

for residential development. There are already morethan enough buildings for conversion committed toexceed the allowance of 90 dwellings per annum.Included in the list of allocations are two of themixed-use sites allocated in Policy E 4 in theEmployment Section of the Plan. Part of former siteMU7 (Mill Royd Works) having gained planningpermission for housing is under construction and likelyto be completed early in Phase 2 whilst MU10(Furness Avenue) is likely to come forward in Phase2. The allocations expected to be required in Phase2 are shown in Policy H 7:-

Policy H 7


Proposals for residential development on any site allocated on the Proposals Map as a Phase 2housing site will be permitted during Phase 2 of the Plan where they are consistent with other UDPPolicies, provided Phase 1 sites are being, or have been, developed in accordance with theexpectations of the Plan.The following sites are allocated for Phase 2 development:-

Phase 2 : 1 April 2006 to 31 March 2011

IndicativeDensity

IndicativeCapacity

Size (ha)TypeLocationSite Ref

356570.16PDLMartins Mill, Pellon Lane,Halifax

HS2-1

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Phase 2 : 1 April 2006 to 31 March 2011

38260.69PDLSite of demolished school,Clough Lane/Brow BottomLane, Mixenden (Part)

HS2-2

38691.82PDLSite of Former Pond Quarry,Lightcliffe Road, Brighouse

HS2-3

38180.49PDLFormer Queens Road School,Halifax

HS2-4

38300.78PDLTurner Avenue South,Ovenden, Halifax

HS2-6

38581.54PDLLand at Ogden Lane,Brighouse

HS2-7

2281341.70PDLMill Royd Works & Mill.Huddersfield Road, Brighouse

FormerMU7*§

38333.47PDLFurness Avenue, Illingworth,Halifax

MU10*


* = Mixed Use Sites based on 25% site area unless firmer figures available

§ = Site MU7 deleted from Policy E4 (Mixed Use Allocations) & included in the PHA

5.30 When looking beyond the end of Phase 2 theposition is much less clear and will only beestablished following monitoring and any necessaryadjustments made to the phasing. Should all the sitesincluded in Phases 1 and 2, together withexpectations regarding windfalls, come forward, thenthe housing requirement set down in RSS will havebeen met and quite probably exceeded. However,the likelihood is that some of these sites will beongoing beyond the end of Phase 2 and contributeto Phase 3 of the Plan (1 April 2011 to 31 March2016). In order to ensure an adequate supply of landfor housing several sites are allocated in Phase 3.This will ensure that sites have been properlyidentified regarding locational and sustainabilityrequirements in accordance with the plan ledapproach.This approach also has the advantage thatin the event of future reviews of RSS (2004) resultingin a revised housing requirement, these sites couldcome forward without any delay in the processensuring a continuous supply of land to meet housingrequirements. Included in Phase 3 are several sitesin the Upper Valley area. Whilst RSS (2004) seeksto concentrate most new housing development in themain towns and cities, small scale housing growth isacceptable under this strategy provided it would

support sustainable development objectives, and islocated where there is a good range of services andis accessible by a range of transport modes. RSS(2004) Policy H2, in setting out the sequentialapproach for new housing development, makesreference to market towns. In Calderdale, Todmordenis taken to be such a settlement being one of thetowns selected for the Market Towns Initiativesupported by Yorkshire Forward and the CountrysideAgency. Hebden Bridge also falls into this categoryand is included within the Renaissance Studyundertaken for the Upper Calder Valley Area. Thereare limited opportunities for new housing in theseareas, although the re-development of mills andformer mill sites is adding to the housing stock ofthese towns. In order to meet housing needs and toassist the implementation of the Market TownsInitiative and the Renaissance Strategy several sitesare allocated in the Upper Valley Area. The sitesallocated in this Phase 3 include some greenfieldsites. Planning permission will only be granted on thegreenfield allocated sites if evidence is submitted thatno alternative brownfield sites exist.

5.31 Phase 3 also includes the remainingmixed-use sites allocated in Policy E 4 of the Plan.

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These sites will contribute to the housing supply ofthe District although in the absence of anydevelopment briefs their precise contribution isunknown. For forward planning purposes, it isassumed that between 25% and 50% of each site willbe developed for housing. It is also difficult to judgewhen such sites may come forward given physicalconstraints and the requirement for developers tobring forward schemes which meet the widerobjectives for developing these sites. Some of these

sites are inextricably linked to the wider renaissanceagenda for Halifax, which is currently beingformulated. Therefore whilst the sites are included inPhase 3 of the Plan it may be that some come forwardearlier and this will be allowed in order not tojeopardise larger mixed-use schemes meeting widerregeneration and other objectives.The effect this mayhave on the supply of housing land will be addressedthrough the Plan, Monitor and Manage approach.

Policy H 8


Proposals for residential development on any site allocated on the Proposals Map as a Phase 3housing site, other than the mixed-use sites, will only be permitted during Phase 3 of the Planwhere they are consistent with other UDP Policies, provided Phase 1 and Phase 2 sites are beingor have been developed in accordance with the expectations of the Plan. In addition, the greenfieldallocations, other than the mixed-use sites, will be required to demonstrate that there are noavailable sites higher in the search hierarchy set down in Policy H2 of the Regional Spatial Strategyfor Yorkshire and the Humber (2004).The following sites are allocated for Phase 3 development:-

Phase 3: 1 April 2011 to 31 March 2016

IndicativeDensity

IndicativeCapacity

Size (ha)TypeLocationSite Ref

30280.93GFScott Street, WalsdenHS3-1

38150.40PDLLand North of MillbrookHouse, Rochdale Road,Todmorden

HS3-2 §

30381.26GFLand between Cross LeeRoad and Ashenhurst Road,Todmorden

HS3-3

3814015.35PDL/GFWest of Boothtown Road,Boothtown, Halifax

MU1*

38703.76PDLFormer Transco Site, MulctureHall Road, Halifax

MU2*

38302.92PDLFormer Horses at Work site,South Parade, Halifax

MU3*

38303.28PDLSugdens Mill, Mill RoydStreet, Brighouse

MU4*

38404.43PDLDewsbury Road, EllandMU5*

801501.87PDLBroad Street, HalifaxMU6*

30363.65PDL/GFDrakes Industrial Estate, ShayLane, Halifax

MU8*

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Phase 3: 1 April 2011 to 31 March 2016

38100.41PDLMixenden Road, MixendenMU9*


§ = HS3-2 : A flood risk assessment is required on this site. It is the responsibility of the developeror applicant to undertake the flood risk assessment.

* = Mixed-Use Sites based on 25% or 50% site area unless firmer figures available.

5.32 A substantial supply of sites, both brownfieldand greenfield, was identified during the preparationof this Replacement Plan. Should there be a shortfallin housing provision in relation to the current housingrequirement suitable additional sites will be allocatedto meet any shortfall in housing provision.

Non-Allocated Sites

5.33 Previously developed sites or buildings forconversion are expected to continue to come forwardas windfalls and contribute to the supply of housingland in the District. Previously developed sites aredefined in Annex C to PPG3 and this definition isfurther clarified in PPG17 ‘Planning for Open Space,Sport and Recreation’ (2002). Sites not to be regardedas previously developed include parks, recreationgrounds, playing fields and allotments. Clearly sitesmust be assessed against the general need to protectareas of open space which are of public value asdefined in PPG17 ‘Planning for Open Space, Sportand Recreation’ (2002). The areas of identified openspace are shown on the Proposals Map. However,there may be areas of open space that could beconsidered to be of public value under the definitionof open space contained within PPG17 but which arenot identified on the Proposals Map, such as domesticgardens (due to constraints brought about by therelease date of PPG17 in July 2002). PPG17 is amaterial consideration in the assessment of planningapplications relating to areas of open space. This isparticularly pertinent where development proposalsare located within areas of open space that are notdesignated on the Proposals Map. For a definition ofopen space refer to the Glossary of Terms.

5.34 In order not to undermine the brownfield landtarget of the Plan (see paragraph 5.18), strict controlis required over greenfield development. Grantingplanning permission on greenfield sites when thereis an adequate supply of housing land would meanthat greenfield sites were being brought forwardunnecessarily.Therefore, greenfield windfall sites willnot be granted planning permission. Should

monitoring show that there is a shortage of housingland within Calderdale to meet RSS housingrequirement, appropriate action will be taken toincrease the supply of land for housing.

5.35 A fundamental consideration for all windfallsites will be the relationship of a site to essentialfacilities and to good quality public transport serviceswith all new residential development ideally locatedwithin easy walking distance of such facilities. Easywalking distance for the purpose of Policy H 9 is takenas within 400 metres of a bus stop or 800 metres ofa railway station. Within walking distance of localservices such as convenience shops, post office,health centre/surgery and primary school is taken asup to 800 metres for the purpose of the policy.Thesedistances reflect those employed by West YorkshireMetro but should be interpreted with care taking intoaccount the individual circumstances of each site,including matters such as topography and the amenityor general safety of any route. In assessing proposalson all windfall sites the amenity and character ofexisting residential areas must be protected.Therefore:-

Policy H 9

Non-Allocated Sites

Proposals for residential development(including those for the renewal of a previousplanning permission) on a non-allocatedbrownfield site or building for conversionwill be permitted where:-

i. the site is located within easy walkingdistance of a bus stop or a railwaystation and, wherever possible, is withinwalking distance of local services (suchas convenience shops, post-office,health-centre/surgery, primary school);

ii. existing and planned infrastructure cancater for the development, including the

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ability of schools in the area toaccommodate additional pupils;

iii. there are no physical and environmentalconstraints on development of the site,including flood risk;

iv. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems;

v. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations;

vi. the development complies with therequirements of other relevant UDPpolicies.

Proposals for residential development onunallocated greenfield land will not bepermitted.

5.36 There are sites where constraints will have tobe overcome in order for development to take place.In certain cases improvements are needed toinfrastructure (e.g. highways or drainage) before theland can be released for development. POLICY GCF1 provides more detailed guidance on howinfrastructure needs arising from development will bemet.

Density and Type of Dwellings

5.37 During the period covered by the previousUDP (1997) the average density of new housing,excluding conversions, was 26 dwellings per hectare(dph). PPG3 advises local authorities to avoiddevelopments that are built at less than 30dph, asthis results in an inefficient use of land. Developmentsmaking more efficient use of land are to beencouraged (30-50dph). At certain locations, such asthose with good public transport accessibility (towncentres and around nodes along good quality publictransport corridors) sites should be developed moreintensively. The target for the development ofbrownfield sites in RSS for Yorkshire and the Humber(2004) is based on an average of 38dph and clearlydevelopments at lower densities, if repeatedfrequently, would undermine this fundamentalobjective of the Plan. Developers will be expected toprovide innovative design solutions to achieve higherdensities rather than simply building at the minimumdensity specified in PPG3.

5.38 The appropriate density will be determined byseveral factors.These include the nature and locationof the site, the character of the surrounding area,together with the type of development proposed andthe type of housing need being met. Where theCalderdale Housing Requirements Study (2005)demonstrates a need for smaller units ofaccommodation such as for single person’saccommodation or dwellings for the elderly, higherdensities will be required. Whilst lower densities maybe appropriate in certain situations, these will be verymuch the exception and special circumstances willhave to be demonstrated by the applicant to justify adensity below that of 30dph.

5.39 One of the Government’s fundamentalobjectives for housing is to create mixed communitiesthrough the provision of a better mix in the size, typeand location of housing. Building large areas ofhousing of similar characteristics is to be avoided.Equally in areas of existing housing of similarcharacteristics, such as exist in large parts of NorthHalifax, where a lower density development wouldstimulate private sector investment an exception maybe made to the general density requirements of PolicyH 10. Given that the majority of the projected growthwill be in one-person households opportunities shouldbe provided to enable these to be met. The Council’sHousing Strategy and Housing Requirements Studywill inform Policy H 11. Providing a mix of dwellingsis likely to be more appropriate in town centres andin larger development schemes. The reference todevelopments of 12 or more dwellings in Policy H 11is included in order to indicate the size of site wherea mix of dwellings will be required.The degree of mixwill be expected to increase with site size. Given thatthe Council’s Housing Land Availability Databaseshows some 25% of dwellings are built on sitesbetween 0.4 hectare and 1.0 hectare in size (theequivalent of between 12 and 30 dwellings at theminimum density of 30dph advocated in PPG3), it isimportant to achieve a mix of housing on these sites,as well as on sites over 1.0 hectare, if the objectiveof creating mixed and balanced communities in PPG3is to be achieved.

5.40 There is clearly a relationship between thetypes of dwellings built and the densities achieved.The following Policies will therefore apply:-

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Policy H 10

Density of Housing Developments

All new housing developments includingconversion schemes shall be constructed ata minimum net density (as defined in PPG3)of at least 30 dwellings per hectare exceptwhere special circumstances justify a lowerdensity.These will include:-

i. the character of the site itself;ii. the character of the surrounding area;iii. the need to preserve the amenity of

existing or future residents;iv. the availability of local facilities and

infrastructure;v. the need to influence the housing mix

of an area.

In appropriate locations higher densities ofdevelopment will be expected including:-

a. in and around the main town centres;b. close to main public transport routes

and bus and rail stations.

Policy H 11

Mix of Housing Types

Planning permission for residentialdevelopment will only be granted whereprovision is made for a mix of housing interms of the size, type and affordability ofdwellings on suitable sites, defined asdevelopments of 12 or more dwellings orsites in town centres, in order to meet thefull range of housing need in Calderdale.

Living Over Shops and Other BusinessPremises

5.41 Whilst a number of conversion schemes havebeen completed during the life of the previous UDP(1997), there remains a significant amount of disusedor underused floorspace over many shops andbusiness premises within Calderdale, particularlywithin the town centres. The Urban Capacity Studyindicates that some 510 dwellings could be providedfrom this source. Halifax has the potential to

accommodate some 470 of these dwellings but thereis also more limited potential in the other towns. TheCouncil’s objective of bringing empty or underusedproperty back into use is underpinned by HousingService's Empty Properties Strategy. Such space isoften no longer required in connection with the useof the ground floor and could, if brought back into use,provide a valuable source of residentialaccommodation.This would add to the housing stockin the District as well as providing a range of otherbenefits, such as bringing life back into town centresand reducing crime, thereby making the town centressafer and more attractive. Other benefits includegenerating environmental improvements andenhancing the conservation of the built environmentwhilst pressures for new development on greenfieldsites will also be lessened. Many suitable buildings,particularly in town centres, are well served by publictransport and often occupied by people who do nothave a car, thereby reducing the need for theprovision of car parking. In the designated towncentres there is no car parking requirement in thePlan (see Policy T 18), whilst many flats are likely tobe occupied by single people, many of whom maynot own a car. Whilst having regard to the amenitiesof the occupants of such conversion schemes a moreflexible approach needs to be taken to reflect therealities and location of this type of development.Thisapproach is reflected in the following Policy:-

Policy H 12

Living Over Shops and Business Premises

The residential use of accommodation aboveshops (and other business premises),particularly within town centres, will beencouraged and supported. Proposals willbe assessed against the following criteria,having regard to the nature and location ofthis type of accommodation in determiningappropriate levels of amenity and carparking:-

i. adequate noise attenuation measuresare provided;

ii. adequate access arrangements areavailable;

iii. there is adequate car parking provisionfor schemes outside the town centreswhere these are not close to goodquality public transport facilities;

iv. any external alterations to the buildingare in accordance with the relevant UDP

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Policies relating to design andmaterials; and

v. there are adequate facilities for thestorage of refuse.

Affordable Housing

5.42 Affordable housing is that provided for localpeople who are unable to resolve their housing needsin the private sector market because of therelationship between housing costs and incomes.Theneed for affordable housing has been recognised innational planning guidance for some time and also inthe previous UDP (1997). Providing affordablehousing also forms part of the Government’s overallstrategy of creating mixed communities.

5.43 The Calderdale Housing Requirements Study(2005) confirms and quantifies the affordable housingneed in the District and indicated that, at theconclusion of the Study, 720 households neededaffordable housing. This need cannot be met atcurrent rates of provision, and the requirements tomeet existing need, in addition to newly arising needs,will continue in future years.

5.44 A Statement of Needs and Requirements willbe published annually, indicating the level of need,and requirements for new dwellings by area andtenure. Reference will be made to changes in incomesand housing costs.

5.45 Affordable homes are those provided forpeople who are unable to afford to access suitablehousing through the normal working of the housingmarket. A subsidy is required to enable homes to beaffordable, either to rent, or in a form of low cost homeownership.

5.46 The Housing Corporation Target Rents defineaffordability in relation to rents. Affordable ownershipwill be assessed in line with the method adopted inthe Housing Requirements Study, and will beundertaken on an annual basis. Reference will bemade to incomes and house prices and costs, in orderto identify the entry level point where households areable to secure home ownership. Consequently theneed in terms of low cost home ownership schemes,for those who are unable to do so will be assessed.

5.47 With the transfer of the local authority housingstock to Pennine Housing 2000, the Council’s onlydirect means of increasing the supply of affordablehousing is through its enabling role with RegisteredSocial Landlords. This source alone will not be able

to meet the scale of need identified in the HousingRequirements Study. In such instances PPG3requires UDPs to include a policy for seekingaffordable housing in suitable private housingdevelopments. Government guidance as to what areconsidered to be suitable sites has evolved since theinception of policy on affordable housing. Whilst themost recent definition of a suitable site is set down inDETR Circular 6/98, the Council will have regard towhatever guidance is current when assessingindividual sites. One of the main criteria to beemployed in assessing a site’s suitability is its size.For sites in the main urban areas the current thresholdin Circular 6/98 is 1 hectare or 25 dwellings whilst forsettlements of 3000 population or fewer in rural areasit is up to local authorities to define their ownthresholds. In Calderdale the settlements conformingto the Government’s definition of rural areas are:-

Blackshaw Head;Cragg Vale;Heptonstall;Old Town/Chiserley;Barkisland;Ripponden; andRishworth/Krumlin.

5.48 In these settlements affordable housing willbe sought on sites of 15 or more dwellings or sites of0.5 hectare or more. The Housing Needs Studyrecognised that in the more rural areas the impact ofthe Right to Buy Initiative has been more severe.There is also a higher demand for social rentedhousing in rural areas, which reflects theproportionately higher house prices in these areas.

5.49 Other measures of a site’s suitability are itsproximity to local services and access to publictransport. Abnormal costs associated with thedevelopment of a site will only be accepted asmitigating circumstances for the affordable housingrequirement to be waived wholly or in part if theyrender a scheme not viable. Such cases will be theexception since any abnormal development costsshould be reflected in the price paid for the land.Where developers seek mitigating circumstances,evidence of the effect of any additional costs will berequired in the form of detailed financial assessmentsof the whole development.

5.50 Developers should contact Housing Servicesas soon as possible, and prior to submitting aplanning application, to discuss the affordable housingthat will be required where the results from theHousing Requirements Study demonstrate a needfor affordable housing.The average level of affordable

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housing required on a site will be 20% unless theneed is for a lower amount. This is the level at whichthe Council considers it reasonable and appropriateto set the average level of affordable housing that willbe required, without it being unduly onerous ondevelopers whilst assisting in meeting the need foraffordable housing in the district.The specific amountand type of affordable housing will be subject tonegotiation with developers and be dependent on thecircumstances prevailing when the site comesforward.These will include information in the annuallyrevised Housing Strategy, which involves consultationwith a wide range of housing providers, enablers andusers who have an interest in the requirements forand provision of housing within the District.

5.51 In Circular 6/98, the term affordable housingrelates to both low cost market and subsidisedhousing (irrespective of tenure, ownership (whetherexclusive or shared) or financial arrangements) thatwill be available to qualifying persons who cannotafford to occupy houses generally available on theopen market. Circular 6/98 also states that the typeof affordable housing to be built should reflect localhousing need and individual site suitability and be amatter for discussion and agreement between theparties involved.The differing priorities for the housingthat is required are highlighted in the Council’sHousing Strategy and based on the HousingRequirements Study. A mix of different types ofaffordable housing including housing for disabledpeople may be required on a site. Normally, theaffordable housing will be expected to be providedon the site, but there may be certain instances whengood reasons exist to provide the housing elsewhereor to provide a commuted sum towards the provisionof housing elsewhere. This will be a last resort sincethe objective of affordable housing policy is to meetthe needs in the area of the site and by allowing theaffordable housing to be provided elsewhere thiscould lead to the polarisation of communities.

5.52 The Council will need to ensure that anyaffordable dwellings built are available for those ingenuine need and that a significant proportion remainaffordable in perpetuity. Appropriate mechanisms willtherefore need to be in place to secure theseobjectives. The clear preference in Circular 6/98 isthat registered social landlords are involved sincethey have their own occupancy criteria and aregoverned by the rules of the Housing Corporationmaking further occupancy controls unnecessary.Thisis also the preferred approach of the Council. Wherea registered social landlord is not involved, Circular6/98 requires conditions or legal agreements to be

attached to planning permissions restrictingoccupation to households meeting eligibility criteriabased on the Council’s Scheme of allocations.

5.53 Evidence will be required on planningapplications that the dwellings to be provided will beof a suitable type and design. There will also be aneed to ensure that affordable housing is providedon a site within a reasonable timescale, and that in amixed scheme, the affordable houses are notforgotten as development of the total packageproceeds. To this end the Council will use conditionsand/or planning obligations to ensure that theaffordable housing element in mixed schemes is notunduly delayed. The following Policy sets out theapproach to the provision of affordable housing:-

Policy H 13

Affordable Housing

Affordable housing within privatedevelopment schemes on sites in Policy H5, Policy H 7 and Policy H 8 and otherproposed housing schemes will be soughtwhere:-

i. the site or proposed number ofdwellings is above governmentthresholds - these are currentlydevelopments of 25 or more dwellingsor sites of 1 hectare or more; or

ii. the site is in a rural settlement of 3,000or fewer population where this policyshall apply to developments of 15 ormore dwellings or to sites of 0.5 ormore hectares; and

iii. the site is close to local services andfacilities; and

iv. there is access to public transport; andv. the site is suitable in terms of market

conditions taking into account theeconomics of provision set out inparagraph 10 of DETR Circular 6/98.

Planning applications which includeproposals for affordable housing will beassessed against the following criteria:-

i. the affordable housing is provided tocater for the housing need in theDistrict;

ii. there are secure and practicalarrangements to retain the benefits ofaffordability for initial and subsequent

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owners and occupiers, such as theinvolvement of a registered sociallandlord and where appropriate by theuse of conditions or planningobligations;

iii. there are adequate means of controllingthe phasing of construction of theaffordable housing element of mixeddevelopment schemes, either by use ofconditions or planning obligations;

iv. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems;

v. the proposals are consistent with otherUDP policies.

Supplementary Planning Guidance Note 1 providesfurther guidance on the provision of affordablehousing in private development schemes.

5.54 Annex B to PPG3 enables planning authoritiesto have policies which support the release of smallsites for affordable housing which development planswould not otherwise allocate for housing within oradjoining villages, and on which housing would notnormally be permitted. This advice is aimedparticularly at the more rural parts of the country andis not generally applicable in metropolitan districtssuch as Calderdale where most small settlements liewithin the Green Belt and are close to the main urbanareas. No such policy was included in the previousUDP (1997) and insufficient justification exists to addsuch a policy in the Replacement Plan.

Accessible Housing

5.55 Following the 1999 revisions to Part M of theBuilding Regulations, housebuilders now have toensure the accessibility of new housing to thedisabled. In summary the Regulations require that:-

disabled people can gain access to the dwelling;disabled people can move around within theentrance storey of the dwelling; andsanitary provision is made in the entrance storeyof the dwelling.

5.56 Following these changes to the BuildingRegulations, the number of dwellings built tostandards that enable wheelchair users to visit friendsand relatives will be increased. However, the BuildingRegulations do waive these requirements on steeplysloping sites where plot gradients are greater than 1in 15. In an area such as Calderdale with a high

proportion of sloping sites, the potential of the BuildingRegulation changes to deliver homes built to highervisitability standards is therefore reduced. Experiencedemonstrates that even on sloping sites, earlyconsideration of the need to achieve visitabilitystandards can often result in layouts which enablethese standards to be met. Developers are thereforeencouraged to contact the Council as soon aspossible when devising schemes on sloping sites inorder to discuss the opportunities to provide visitabilitystandards to all or a proportion of the planneddwellings and thereby maximise the number ofdwellings built to such standards. There is clearly aneed to increase the number of such dwellings in theoverall housing stock since the Calderdale HousingRequirements Study shows that only 35% ofwheelchair users live in an adapted dwelling inCalderdale:-

Policy H 14

Provision of Visitability Standard Housing

On sites with an average plot gradient ofgreater than 1 in 15 developers will berequired to build to the standard set by PartM of the Building Regulations unless theycan demonstrate that there is adequatejustification that these requirements cannotbe met.

5.57 As a result of applying the BuildingRegulations many dwellings will also include severalfeatures of Lifetime Homes, a higher standard thanPart M in their requirement for adaptability andflexibility to be designed into the homes as well asaccessibility. In contrast Part M is not intended tofacilitate fully independent living for all disabledpeople.The Calderdale Housing Requirements Studyalso highlighted the fact that the population ofCalderdale is an ageing population.There is thereforea need to increase the number of new homes built toLifetime Homes Standards and the Council will requirea proportion of such dwellings in schemes on sitesover 1 hectare. The need for such accommodationis emphasised by the fact that the Study found thenumber of households with a disabled person washigher in Calderdale than in other similar studiesundertaken by the consultants responsible for theCalderdale Study. The Study found that there is aspecific need to address the under-provision ofadapted dwellings to meet the current needs ofhouseholds containing a disabled person. Sites overone hectare are large enough to accommodate a mix

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of dwelling types including Lifetime Homes. A nominalfigure of 15% is considered reasonable but will varyfrom site to site depending on the actual need in anarea based on the findings of the HousingRequirements Study. Suitable sites are those within800 metres of shops and services. Over time thisapproach will lead to an increase in the proportion ofLifetime Homes in the overall dwelling stock:-

Policy H 15

Lifetime Homes

In order to increase the choice of housingavailable to disabled people, on sites of 1hectare or larger, on average 15% ofdwellings will be required to be built toLifetime Homes Standards.The actualproportion will vary depending on localneeds as demonstrated in the CalderdaleHousing Requirements Study. Suchdwellings should be spread throughout thesite.

Houses in Multiple Occupation

5.58 Houses in Multiple Occupation (HMOs) arehouses that are not occupied by a single householdand include dwellings occupied by two or more peopleliving separately, bedsits, lodgings and hostels. Theymeet specific local housing needs, such as those ofstudents, single people on low incomes or peoplewho move frequently and require temporaryaccommodation.

5.59 There are 29 HMOs registered under theCalderdale (Registration of Houses in MultipleOccupation) Control Scheme 1998, with another fourlikely to be registered soon. The Council has a dutyto carry out a risk assessment of HMOs to ensurethey meet statutory standards with a view toprotecting the health, safety and welfare of theoccupants.

5.60 The intensification of use associated withHMOs often has implications for the area in whichthe building is located. Planning control is required inorder to protect the amenity of both nearby residentsand the future occupants of the building to beconverted from increased noise levels. Suchproposals are usually located in residential areaswhose character also needs protecting. Externalalterations to the building such as the addition of fireescapes can affect the appearance of the building.

This is of particular importance in sensitive areas suchas Conservation Areas or where Listed Buildings areconcerned. Neglect of gardens following conversionwill affect the character of the locality, as willincreases in the number of cars, both in terms of carparking and increased traffic on the local highwaynetwork. If a high proportion of conversions to HMOstook place in a locality, this could both change thecharacter of the area and reduce the supply of familyhousing. This could give rise to the dominance of aparticular type of housing rather than retaining a mixof house types and sizes which would support a moremixed community, this being one of the fundamentalobjectives of PPG3.

5.61 Given the rise in single person householdsHMOs clearly have a role to play in meeting theDistrict’s future housing requirements. However abalance must be struck between this and protectingexisting residential amenity. HMOs will be expectedto be located in the main urban areas and thereforenear to public transport since, as recognised in PPG3,lower levels of car ownership are often found in suchproperties and this in turn will often reduce car parkingrequirements. These requirements are thereforereflected in the following policy on HMOs:- .

Policy H 16

Houses In Multiple Occupation

Planning permission will be granted for theuse of a building as a house in multipleoccupation where:-

i. there would be no harm to:-

a. the character orappearance of the building;

b. the character orappearance of the locality;

c. the amenity of theoccupiers of neighbouringbuildings or the intendedoccupiers of the building;

ii. the proposal is well served by publictransport;

iii. there is adequate car parking provisionon site; or

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iv. on-street parking would not impair thefree flow of traffic or highway safety;and

v. the proposal would not result in adisproportionate concentration ofHMOs in an area.

Gypsies

5.62 This UDP was written prior to the publicationof ODPM Circular 1/2006 which substantially changesGovernment Policy in relation to planning for gypsies.Given the advanced stage already reached inpreparation of the RCUDP at the time the Circularwas published, its requirements could not beaccommodated in this Plan.

5.63 The term gypsy is defined in Paragraphs 2and 3 of Circular 18/94 (Gypsy Sites Policy andUnauthorised Camping). Circular 1/94 (Gypsy Sitesand Planning) encourages local authorities whenpreparing UDPs to identify, wherever possiblelocations suitable for gypsy sites. Where this is notpossible, criteria are to be set for suitable locations.

5.64 Gypsies comprise a small proportion of thepopulation whose land use requirements need to bemet. Their accommodation and occupational needscan be varied, making an assessment of the provisionto meet this need a difficult and time consuming taskfor local authorities. This is compounded by the factthat the gypsy population can vary appreciably.

5.65 As stated in Circular 1/94, gypsy sites are notamongst those land uses normally appropriate inGreen Belts or other sensitive locations.They shouldbe within a reasonable distance of local services andfacilities such as shops, hospitals and schools. Sitesshould have access from a properly surfaced roadand a reasonable level of service provision includingelectricity and drinking water supplies, sewagedisposal and refuse collection. The following Policywill therefore apply:-

Policy H 17

Gypsy Sites

Planning applications for gypsy sites will bepermitted where they comply with thefollowing criteria:-

i. sites are located so as to have minimalimpact upon the environment and the

surrounding areas, particularly nearbyresidential areas;

ii. adequate access is available;iii. the necessary utilities (electricity, water,

gas and drainage) are provided or arereadily available;

iv. the site is accessible to schools andother community facilities;

v. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems;

vi. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations; and

vii. the development complies with therequirements of other relevant UDPPolicies.

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91Retailing and Town Centres

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6 Retailing and Town Centres

Introduction

6.1 Retailing is an essential sector of the localeconomy. It has a key role to play in everyone’s life;it is a major component in the structure of towncentres and also an important employer within theDistrict.The Replacement UDP incorporates land usepolicies to foster a successful, sustainable andcompetitive retailing sector, which will enableCalderdale’s residents to benefit from the effects ofcompetition, as well as securing the future vitality andviability of existing town and shopping centres.Policies will seek to ensure that any new retailingdevelopment that is provided:-

meets the needs of the community;does not adversely effect the vitality and viabilityof any existing town centre;is in locations which are accessible by all modesof transport, where public transport, cycling orwalking access is good;reduces the overall need to travel, by providingretail facilities which are generally within towncentres and by encouraging new facilities withinaccessible locations, determined by the‘sequential approach’, which will reduce theneed to travel to other towns and centres forgoods and services; anddoes not have adverse traffic, environmental,amenity, safety, security or economic effects.

6.2 The Government's latest policy statement onretailing was published in 2005. PPS6 'Planning forTown Centres' consolidated the planning policy advicefrom the former PPG6 'Town Centres and RetailDevelopments' (1997) and a number of MinisterialStatements.These statements expressly consideredthe issue of 'need' for retail development which hasbeen rolled forward into PPS6. In respect of the 'need'for retail development PPS6 has made it clear thatthere are two types of need which may be identified.Firstly 'Quantitative Need' and secondly 'QualitativeNeed'.

Quantitative need derives from a realisticassessment of existing and forecast populationlevels; forecast expenditure for specific classesof goods to be sold within the broad categoriesof comparison and convenience goods; togetherwith forecast improvements in productivity inthe use of floorspace.Qualitative need may be considered to be a keyconsideration in ensuring consumer choice by

providing an appropriate distribution of locationsfor retailing and promoting the vitality andviability of town centres and issues relating toimproving the accessibility of the wholecommunity. In this respect the range of sites forretail facilities leisure and local services whichallow for genuine choice to meet the needs ofthe whole community particularly in deprivedareas.

6.3 Showing that 'need' exists is therefore anessential part of the justification for major retaildevelopments, outside town centres. As a resultdevelopment that seeks to serve a wide catchmentarea should be located within a centre that seeks toserve a similar catchment area. The ReplacementUDP therefore takes into account this change innational policy.

6.4 At the regional level, Regional Spatial Strategyfor Yorkshire and the Humber (RSS) (2004) includespolicies to ensure that town centres are the mainfocus of shopping, cultural, social, leisure andbusiness services.The Replacement UDP has takenthis approach into account.

6.5 In order to assess retail trends and to giveguidance as to the future potential for retaildevelopment, the West Yorkshire Planning Forum,(comprising each of the Districts within the County),commissioned the West Yorkshire Retail CapacityStudy (WYRCS) (1999) from consultants ColliersErdman Lewis. This Study provides the backgroundto retail planning within each District. The findings ofthe WYRCS with respect to the future capacity fornew retail development in Calderdale suggest thatthere is little scope for additional retail provisionthrough the next decade up to 2011. These findingsare, however, based upon a number of broadassumptions including there being no changes in theidentified patterns of spending, the take-up of existingunimplemented shopping planning permissions andthe prospect of a declining population.

6.6 Whilst accepting that the findings of the WYRCSare valid given the assumptions, the Council doesnot believe that the existing patterns of retail spendingshould be regarded as supporting sustainability in thelong term. These patterns display significant outflowof spending on 'high street' comparison goods andsmaller but still large spending flows on conveniencegoods, to centres and shops outside Calderdale.These flows mean much unnecessary longer distancetravel to obtain goods and purchases. As a result theCouncil is supportive of additional retailing to provideCalderdale’s residents with better retail facilities which

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will be attractive to them, and help to reduce the needfor travel to Huddersfield, Bradford, Leeds, the WhiteRose, Meadowhall and Trafford Centres for manycomparison goods items. It is important however toensure that any additional major retailing developmentdoes not have adverse effects upon the vitality orviability of any existing centre and is whereverpossible located within or close to an existing centrein order to support sustainable development.

6.7 One major factor on future changes in the retailsector relates to the development of the internet asa market place. In future, more people will be able togo shopping on their computers and as a result theremay be a reduced requirement for actual physicalfloorspace dedicated to shopping. This developmentmakes the planning for future retail developmentparticularly difficult. Even if people buy items on theinternet it is likely that showrooms will be required toenable hands-on comparison of goods to take place,and as part of the leisure/entertainment activity thatis the shopping experience. Despite the unknownconsequences of e-retailing it is likely that additionalfloorspace will be required during the Plan period forboth comparison and convenience goods retailing,and there does not appear to be any reason tosuggest at this time that shopping centres will declineas a result of e-retailing.

Objectives for Retail Policy

6.8 The retail strategy seeks the provision of amodern, competitive and sustainable retail sectormeeting the needs of Calderdale’s residents in amanner that helps enhance the vitality and viabilityof the existing town centres, provides facilitiesaccessible by all means of transport, but particularlyby alternatives to the private car, reduces the overallneed to travel and protects the environment. Thisobjective is encapsulated in Part One Policy GS1:-

POLICY GS 1

RETAIL STRATEGY

THE BENEFITS OF A MODERN,COMPETITIVE, ENVIRONMENTALLYATTRACTIVE AND SUSTAINABLERETAILING SECTOR INCLUDING THEUPGRADING, MODERNISATION ANDENHANCEMENT OF RETAILING PROVISIONWITHIN TOWN CENTRES AND LOCATIONSHIGHLIGHTED WITHIN THE RETAILHIERARCHY WILL BE SOUGHT WHICH MEETTHE NEEDS OF CALDERDALE’S

RESIDENTS. AS PART OF THIS STRATEGYTHE VITALITY AND VIABILITY OF EXISTINGCENTRES WILL BE MAINTAINED TOENSURE THAT THEY REMAIN ATTRACTIVETO SHOPPERS AND VISITORS AND CANCOMPETE EFFECTIVELY WITH OTHERCENTRES AND OTHER FORMS OFRETAILING.

Location of Retail and Key Town CentreUses

6.9 To ensure that new retail and other key towncentre developments are sited in appropriate locationsin accordance with the principle of maintaining thevitality and viability of existing centres and ensuringthey are in accessible locations well related to publictransport, it is appropriate to apply the 'sequentialapproach' to retail developments and other keydevelopments. (Additional policy advice for leisureuses may be found in Policy CF 10 and for offices inPolicy E 6, Policy E 7 and Policy E 8).This approachis set out in PPS6 and therefore forms an importantpart of national retail policy. As a result the followinggeneral principles will apply:-

POLICY GS 2

THE LOCATION OF RETAIL AND KEY TOWNCENTRE AND LEISURE USES

RETAIL DEVELOPMENT INTENDED TOSERVE A WIDE CATCHMENT AREA ORWHICH MIGHT HAVE A SIGNIFICANTEFFECT UPON LOCAL SHOPPINGPATTERNS, OR KEY TOWN CENTRE ANDLEISURE USES SHOULD BE SITED WITHINAN EXISTING TOWN CENTRE. WHERESUITABLE CENTRAL SITES ARE NOTAVAILABLE A SEQUENTIAL APPROACH TOSITE SELECTION SHOULD BE ADOPTED,WITH EDGE OF CENTRE SITES HAVINGPREFERENCE OVER OUT OF CENTRELOCATIONS. DEVELOPMENT SHOULD BEAPPROPRIATE TO THE SCALE, ROLE ANDCHARACTER OF THE CENTRE AND THECATCHMENT THAT THE DEVELOPER SEEKSTO SERVE. PROPOSALS FOR RETAILFACILITIES WHICH IN THEMSELVES ORTOGETHER WITH OTHER SIMILARDEVELOPMENTS WITH PLANNINGPERMISSION IN THE LOCALITY COULDSERIOUSLY AFFECT THE VITALITY AND


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VIABILITY OF ANY NEARBY TOWN CENTRE,OR WOULD GIVE RISE TO UNACCEPTABLEENVIRONMENTAL, AMENITY,TRAFFIC,SUSTAINABILITY OR OTHER PROBLEMSWILL NOT BE PERMITTED.

Retail Hierarchy for Calderdale

6.10 To focus retailing activity into appropriatelocations, a shopping hierarchy has been defined. InCalderdale, the retail hierarchy is dominated byHalifax town centre, which is the fifth largest centrein West Yorkshire (1999 WYRCS). The WestYorkshire retail hierarchy is dominated by the regionalcentre of Leeds, Bradford city centre, Huddersfieldtown centre and Wakefield city centre and are alllarger than Halifax town centre which itself possessesmore retailing floorspace than all the other town andsmaller centres within Calderdale combined. Halifaxtown centre is a little larger than Keighley, which issixth in the county’s retail hierarchy. Halifax is alsothe main focus for services within the District and amajor centre for office employment, leisure andcultural activities. Brighouse, Elland, Todmorden andHebden Bridge provide a focus for shopping andservices within their parts of the District but remainsubservient to Halifax within the hierarchy.Todmorden and Hebden Bridge act as service centresto their respective rural hinterlands in the westernpart of the District. The WYRCS found that Halifaxhas a strong core catchment based upon theHalifax/Sowerby Bridge/Hebden Bridge/Rippondenarea, but that its influence in Brighouse, Elland andTodmorden is greatly diminished by other competingcentres such as Huddersfield, Bradford, the WhiteRose Centre, Leeds, Meadowhall, the LancashireTowns, Manchester and the Trafford Centre. Despitehaving a strong core catchment, Halifax experiencessignificant outflow of expenditure to other competingcentres, which means that the centre does not providethe sorts of retail facility and range of goods thatwould generally be expected from a town of its sizeand status. It is a reasonable position to attempt tobolster the retail offer of Halifax, but recognising thatthis is in the context of the West Yorkshire hierarchy.Any major new retail proposal intended to significantlyincrease the retail potential in Halifax Town Centreshould demonstrate that the proposals are appropriateto the role that the centre serves and address theimplications for other centres within the hierarchy.

6.11 Despite these weaknesses, the Calderdaleretail system has some notable strengths, particularlyin respect of the small independent retailers which

characterise much of the retail sector within theDistrict. It will be important to assist the smallerretailers and the services that they provide byproviding attractive town centres, which will continueto be a focus for activity. As a result the applicationof the sequential approach to retail developmentbecomes an essential part of securing the future ofthe town centres.

6.12 There are several out-of-centre convenienceand comparison retailing facilities which providesignificant facilities throughout the District. Thesehave been defined as Other Retail Locations and areshown on the Proposals Map. They attract themajority of convenience expenditure and are animportant feature of Calderdale’s retail trading pattern.In terms of comparison retailing however, thefloorspace outside Halifax centre is only slightly largerthan that within the centre, although a number ofdevelopments are coming forward. Much of thisout-of-centre comparison floorspace has beendeveloped since 1990 and consists of large retailwarehouse units.

6.13 A retail hierarchy has been defined assuggested by PPS6 based upon the relative tradingpatterns and turnovers of the centres as identified bythe WYRCS (1999) for the larger centres and basedupon the floorspace and retail characteristics of thesmaller centres. The hierarchy is as follows:-

Table 6.1 Calderdale's Retail Hierarchy

TYPE OF CENTRE

MAJOR TOWN CENTRE

HALIFAX

TOWN CENTRES

BRIGHOUSEELLANDHEBDEN BRIDGESOWERBY BRIDGETODMORDEN

Local Centres

King CrossMytholmroydQueens RoadNorthowramRipponden


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TYPE OF CENTRE

HipperholmeWest Vale

Local Shops (These are not shown on theProposals Map)

Bailiff BridgeBoothtownHighroad WellIllingworthLee MountLuddendenfootMixendenOvenden CrossShelfSkircoat GreenSowerby

Additional small groups of shops, which serve alocal walk-in catchment, also contribute to the RetailHierarchy.These are too numerous to mention andtoo small to show on the Proposals Map.

Other Retail Locations

These are convenience and comparison stores andsmall retail parks which are a feature of the RetailHierarchy. They may be edge-of-centre orout-of-centre in terms of location.Whilst the Councildoes not accept that they should be regarded asTown Centres for the operation of the SequentialApproach, their enhancement or expansion wouldin many instances be a more satisfactory solutionthan the creation of another free standing facility,should there be no alternative town centre or edgeof centre sites available. They therefore have animportant role to play in the overall implementationof the sequential approach to retail planning.

6.14 The Council supports proposals that achievethe consolidation, strengthening and enhancementof centres and wishes to see as a general principlenew retail development being located within thecentres identified on the Proposals Map.Whilst theremay be a place for out-of-centre retailingdevelopments, a sequential approach to the locationof development is appropriate to ensure that centralor edge-of-centre sites are developed in preferenceto out-of-centre locations. (See POLICY GS 2 andPolicy S 1).

6.15 In order to help sustain the character, vitalityand viability of existing shopping centres, new retail

development should be seen to complement the retailhierarchy rather than fundamentally change it. As aresult it is important that new retail development is inscale with any centre with which it is associated andforms an appropriate addition or extension. Where adevelopment may be considered to be out of scale,an appraisal of sustainability in accordance with RSS(2004) Policy SOC3 will be required to provideinformation regarding traffic, environmental and retailimpacts of the proposals in order to allow informeddecisions to be made.

POLICY GS 3

SCALE OF RETAIL PROPOSALS

RETAIL DEVELOPMENT PROPOSALSSHOULD RELATE TO THE SCALE, ROLEAND CHARACTER OF THE CENTRE WITHINWHICH THE DEVELOPMENT IS TO BELOCATED AND THE CATCHMENT THAT THEDEVELOPMENT SEEKS TO SERVE. WHERETHE DEVELOPMENT IS NOT IN SCALE ORCHARACTER THE APPLICATION SHOULDBE ACCOMPANIED BY A FULL APPRAISALOF SUSTAINABILITY.

Major Development Opportunities

Sites Which May Include Retailing

6.16 There are a number of major developmentopportunities within the District. Within Halifax towncentre there is scope at Broad Street to accommodatemajor new retailing development to assist inmaintaining the town’s competitive position in the faceof expanding and improving major centres throughoutWest Yorkshire. The following are previouslydeveloped land sites where their development willsupport sustainability objectives. The Council hasidentified two sites within or at the edge of the centreof Halifax for major mixed-uses, these being shownon the Proposals Map:-

i. BROAD STREET, HALIFAX: (See Policy E 4Site MU6) This site is within the Halifax towncentre and was given planning permission inJune 1997 for a mixed retail/leisure/restaurantdevelopment with significant car parking, whichdid not proceed.This is a major town centre sitewith significant potential and the Council wishesthat it remains at the top of the sequential testlist for Halifax. This site was marketed again bythe Council during 2002/3 and new developers


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have been selected.The new scheme proposesa mixed development that will include retailingand residential uses. Retailing up to 15,000sq.mmay be appropriate, which supports the role ofHalifax as a sub-regional centre and fifth in theretail hierarchy of West Yorkshire.

ii. TRANSCO SITE, MULCTURE HALL ROAD,HALIFAX: (See Policy E 4 Site MU2).This siteforms part of a key area within the HalifaxRenaissance Strategy theme of 'Re-Populatingthe Valley Bottom'. Whilst it is accepted thatsome retailing may be appropriate here, it isconsidered that this should be small in scale,ancillary to the predominant residentialdevelopment of the site. Any retailing on the siteis unlikely to exceed 1,500sq.m in gross area.Single use developments other than residentialthat would not be supportive of the objective ofrepopulating the valley bottom will be resisted.Other uses that may be appropriate within themixed development include Use Classes A2;A3 (ancillary); B1; D1; C1; and C2.

6.17 There are other development opportunitiesacross the District where retailing could form eitherthe main element of the development or where it couldbe part of a mixed development:

i. DEWSBURY ROAD, ELLAND: (See Policy E4 Site MU5). This site includes the old GannexMill site and other derelict or underusedpremises along the south side of DewsburyRoad. A major mixed-use development ofretailing, leisure, residential and community usewould be supported. The retail element shouldmeet the needs of Elland and be appropriate tothe role of the centre and the catchment thatthe development is intended to serve.

ii. SUGDEN’S MILL AND SITE ON MILL ROYDSTREET, BRIGHOUSE: (See Policy E 4 SiteMU4).This is a major edge of centre site, whichwhen developed would expand the centre ofBrighouse. This site has been approved for amajor mixed-use development including foodand non-food retail, (1,500sq.m and 5,300sq.mrespectively) a new swimming pool, offices, carparking and new canal crossings for vehiclesand pedestrians. Major mixed-use developmentincluding retailing, business and possiblyhousing together with the replacement poolwould be supported.

Sequential Approach to Retail, Key TownCentre and Leisure Developments

6.18 Government Policy as contained in PPS1,PPS6 and PPG13 together with RSS (2004) stressthe importance of town centres and the desirabilityof locating new retail, leisure and other keydevelopments within or adjacent to town centres, inorder to encourage multi-purpose trips and providegreater opportunities for the use of public transport.The adoption of a sequential approach to siteselection will assist in ensuring that the benefits ofnew forms of retailing are available to the greatestnumber of people and that locally generated retailexpenditure is retained to support investment andjobs within the local economy and assist in the aimof reducing the need to travel. This sequentialapproach gives priority to town centre sites asdevelopment locations. Edge-of-centre sites, districtand local centres and finally out-of-centre locationsshould be considered in turn in assessing suitabledevelopment locations. Out-of-centre sites shouldgenerally be regarded as an option of last resort.Within town centres, there may be Listed Buildingsand Conservation Areas, which may have implicationsfor considering whether sites or buildings are suitablefor retail or other development. In some instances itmay be necessary to consider edge-of-centre siteswhere the alternative central sites would have seriousimplications for a Conservation Area or ListedBuildings. The Council will therefore apply thesequential test as follows:-

Policy S 1

Sequential Approach for Retail and other KeyTown Centre or Leisure Uses

Proposals for retailing or for other key towncentre or leisure uses should be sited inaccordance with the following preferredsequence of locations:-

FIRSTLY - within town centres as defined onthe Proposals Map, where suitable, viablesites or buildings for conversion areavailable;

SECONDLY - in accessible edge-of-centrelocations, having good links with the towncentre or in district and local centres, whereno suitable, viable central sites or buildingsare available;


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THIRDLY - in sustainable out-of-centrelocations which are accessible by a choiceof means of transport or at Other RetailLocations where no suitable, viable sites orbuildings are available in any of the aboveareas higher in the sequential approach.

Applications for proposals in edge-of-centreor out-of-centre locations will be expectedto demonstrate that there are no reasonablyavailable, suitable and viable alternative siteswithin locations higher in the preferredsequence, and that development of thesesites will support sustainable developmentprinciples.

6.19 For the purposes of interpreting the shoppingpolicies and to ensure certainty for developers wherethese apply, the centres as identified on the ProposalsMap and listed above in the shopping hierarchy(paragraph 6.13) are considered to be appropriatelocations for retail development. ‘Other RetailLocations’ are not regarded as centres and therefore,should not be considered as part of the initialsequential approach except where they may beedge-of-centre locations. It is accepted that in somecircumstances, the expansion or enhancement of anexisting out-of-centre ‘Other Retail Location’ may bea more satisfactory solution than the creation of anentirely new out-of-centre retail park.

Criteria for Asssessing RetailDevelopment

6.20 Shopping development will only be acceptableif, in addition to the locational criteria of POLICY GS2, POLICY GS 3 and Policy S 1, all the criteria ofPolicy S 2 are met.These criteria are to ensure that:-

the need for the development is demonstrated;proposals are appropriate to the role of thecentre and the catchment that the developmentis intended to serve;a sequential approach to site selection has beenundertaken;proposed developments are of an appropriatescale;do not create unacceptable environmental,amenity, highways or other problems;proposed developments maintain the viabilityand vitality of the existing centres;proposed developments are accessible to allincluding those dependent on public transport;

sustainability criteria are applied to theconsideration of the application; andproposed developments ensure the provisionof a high quality environment.

6.21 Reference should also be made to other UDPPolicies such as, those on design, POLICY GBE 1and Policy BE 1; landscaping Policy BE 3; and theprovision of publicly available toilet facilities PolicyBE 8 and Policy BE 9. Other UDP policies may alsohave implications for retail developments, such asthose on Listed Buildings and Conservation Areas,and this cross-reference does not intend to becomprehensive but rather indicative. Other mattersmay also be of relevance and be regarded as amaterial consideration when determining any planningapplication.

6.22 All retail applications in excess of 2,500sq.m(gross area) in locations outside the designated towncentres should be supported by a Retail Assessmentin accordance with PPS6. Proposals within towncentres should demonstrate that they relate to therole, scale, and character of the centre and thecatchment the development is intended to serve. Allretail developments of this size will be referred to theSecretary of State under the Town and CountryPlanning (Shopping Development) (England andWales) (No.2) Direction 1993. Such assessmentsmay occasionally be necessary for smallerdevelopments depending on the size and nature ofthe development in relation to the centre concerned.Transport Assessments may be required under theterms of POLICY GT 5 where the effects of thedevelopment upon the highway network could besignificant or give cause for concern.

6.23 In order for the sequential approach outlinedin POLICY GS 1 and Policy S 1 to work properly,developers must be prepared to be flexible in theirrequirements for space and land. In seeking to finda site in or on the edge of an existing town centre,developers should be able to demonstrate that theyhave been flexible about their proposed businessmodel in terms of the following considerations: -

the scale of their development;the format of their development;car parking provision; andthe scope for disaggregation.

6.24 For example, the shape of a site may not beideally suited to a rectangular box, but it may acceptan ‘L’ shaped structure. Developers must considerwhether the alternative available sites or methods oftrading including operating from separate sites can


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meet their requirements. As part of this exercisedevelopers should explore whether specific parts oftheir proposals could be operated from separatesequentially preferable sites. PPS6 provides furtherpolicy advice on this issue. As a result it is importantto set out the criteria against which planningapplications for retail developments will be assessedas follows:-

Policy S 2

Criteria for Assessing Retail Developments

Applications for all retail developments willbe assessed on the basis of the followingcriteria:-

Part A : For ALL locations:-

i. the proposals relate to the role, scaleand character of the centre and thecatchment the development is intendedto serve;

ii. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems;

iii. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations; and

iv. all other relevant UDP Policies are met.

and PART B : For all locations NOT WITHINtown centres:-

i. the 'need' for the development isdemonstrated;

ii. having been flexible about the scale,format and design of the developmentand the provision of car parking, thereare no reasonable prospects of theproposed development beingaccommodated on an alternative towncentre site(s);

iii. there will be no serious effect (either onits own or cumulatively with othersimilar permissions) upon the vitalityand viability of any nearby town centre,as a whole;

iv. the proposed development is locatedwhere it can serve shoppers usingpublic transport or other modes oftransport such as pedestrians or

cyclists as well as those travelling bycar;

v. the likely effect on overall travelpatterns and car use, the objectivebeing the reduction in travel mileage;

vi. the implications for other relevant UDPpolicies which relate to the use of thesite; and

vii. the development would not underminethe retail strategy of the Plan.

Local Shopping

6.25 The Council recognises that not all people inCalderdale have easy access to shopping facilities,particularly those without the use of a car. It alsorecognises that there are parts of the urban areas,which have very few convenience goods facilities.The Council will therefore support proposals thatassist in the creation of small scale, local facilities,which will reduce the likelihood of the developmentof a 'food desert' and will provide residents with muchneeded local shopping. ('Food deserts' are describedin the Glossary). Small scale local food shoppingfacilities, (generally those that are able to open allday on Sunday, as they are under 280sq.m net area),provide an important local facility that is unlikely tohave a detrimental effect upon any of the larger towncentres within the hierarchy. However, there may bepotential for them to attract expenditure away fromsome of the smaller centres forming part of the retailhierarchy thereby reducing the vitality and viability ofthose centres. As a matter of principle, the Councilconsiders that this type of small scale retailing shouldbe located within or close to existing smaller centresor alongside groups of local shops, where suitablesites or buildings capable of being converted mayexist and are therefore covered by Policy S 1 andPolicy S 2. However, small convenience or sometypes of comparison shops, may be supportable inlocations where there is a local deficiency, within theurban areas or rural settlements, which could help toreduce the necessity to travel, meet local shoppingneeds and help to tackle the issue of 'food deserts'.

Policy S 3

Local Shopping Outside Centres

Development of small scale retailingintended to meet local needs in out of centrelocations will be permitted where there is adeficiency in the general area of the


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proposed development, subject to the criteriain Policy S 2 (Part A), and other relevant UDPPolicies.

Retailing in the Green Belt and OpenCountryside

6.26 Government Guidance as expressed by PPG2and RSS (2004) is that there is no place for majorretail development either within the Green Belt orgenerally within open countryside. Some smaller scaleretailing can however be appropriate to a rural areaand can facilitate and foster the development anddiversification of the rural economy, and may beconsidered to be supportive of the advice in PPS7'Sustainable Development in Rural Areas' (2004).Farm shops, for example, can bring the farmer closerto the market thus meeting the demand fromcustomers who want fresh produce from the point ofproduction. They can also help to diversify individualfarm businesses making them more financially stable.Other types of small scale retailing such as a golfshop associated with a golf course, or a horse tackshop at a riding stable may also be appropriate. Smallconvenience stores may also be appropriate withina rural settlement. It is important however, to ensurethat all types of retailing in rural areas are properlymanaged and controlled and do not develop to suchan extent that they become inappropriate.

Policy S 4

Retail Developments in the Green Belt

Proposals for retail developments within theGreen belt or within the Area AroundTodmorden will not be permitted unless thereare very special circumstances.

Farm Shops and Nursery Gardens

6.27 Whilst the importation of some goods for saleto the public from a farm shop must be accepted ifthe shop is to remain viable and attractive tocustomers, it is considered that the great majority ofgoods sold through the farm shop should be producedon the farm to which the shop belongs. In a similarmanner to farm shops, the retail element of nurserygardens may be appropriate within the Green Belt oropen countryside. However the type of garden centrewhich imports all its produce for selling on, is unlikely

to be considered appropriate to a rural area as itwould be more suitably located close to one of themain town centres or generally within an urban area.

Policy S 5

Farm Shops and Nursery Gardens

Proposals for Farm Shops (where theysupport farm diversification) and NurseryGardens will be permitted provided that thegreat majority of goods retailed to the publicare produced on the farm or nursery orsourced from the local area subject to thecriteria in Policy S 2 (Part A) and otherrelevant UDP Policies.

Shopping Frontages in Town Centres

6.28 National and regional guidance on shoppingpolicy places great emphasis upon improving thevitality and viability of existing shopping centres.Vitality comes from the variety and mix of uses andfrom activity within a town centre, but it is allunderpinned by retailing. Different but complementaryuses both during the day and in the evening canreinforce each other making town centres moreattractive to local residents, shoppers and visitors.Restaurants, entertainment facilities, museums,hotels, banks, building societies and other financialinstitutions offering services to the public are wellsuited to town centre locations, but no advantage isachieved if these uses undermine the retail characterand function of the centre.

6.29 Primary Shopping Frontages, which form thecore of the retail area, have been defined in Halifax,Brighouse, Hebden Bridge and Todmorden towncentres, using the criteria of commercial rental levelsand pedestrian flows set out in PPS6. In Halifax thesefrontages have been refined by the work undertakenby Donaldson’s Consultants in developing the reviewof the Town Centre Strategy. Within these frontagesit is the intention to keep a very high proportion ofretail uses in order to ensure that the retail characterof the streets is not diluted to the detriment of thevitality and viability of the town centre as a whole.

6.30 To assist in the interpretation of this policy thefollowing should be taken to apply:-

A block is defined as being between major roadfrontages. It is not split by small access points(such as Upper George Yard, Union Cross Yard


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or Star Yard in Halifax, nor by entrances tomarket buildings). More substantial streets suchas Cheapside, The Old Arcade, Market Arcadeor Old Cock Yard, in Halifax should be regardedas splitting the frontage and therefore assist indefining the block.The frontage to any one street should beregarded as being on one side of the street only.Calculations should not consider the implicationsof the number of non-Class A1 uses on theopposite side of the road, which would beregarded as being within another frontage.

(These rules do not apply within the small centresconsidered within Policy S 9, where calculationsshould be taken to include the whole centre, not justone side of the road).

6.31 Within Primary Retail Frontages the followingPolicy will apply:-

Policy S 6

Primary Shopping Frontages

In the Primary Shopping Frontages identifiedon the Proposals Map proposals for thedevelopment/redevelopment or change ofuse of ground floor premises in retail use(Class A1) to uses within Class A2 and A3will be permitted unless they would either:-

i. create a continuous frontage of morethan two non Class A1 uses, or exceed15m of continuous frontage innon-Class A1 use; or

ii. result in more than about 15% of thetotal length of street frontage in any onestreet of any one block being innon-Class A1 use.

Uses outside Classes A1, A2 or A3 will notbe permitted.

6.32 Secondary Frontages have also been definedin these town centres where a more relaxed approachto non-retail uses will be adopted although theintention is still to retain a retail character anddominance. The following Policy relates to theseareas:-

Policy S 7

Secondary Shopping Frontages

In the Secondary Shopping Frontagesidentified on the Proposals Map proposalsfor the development/redevelopment orchange of use of ground floor premises inretail use (Class A1) to uses not within ClassA1 will be permitted unless they wouldeither:-

i. create a continuous frontage of morethan three non-Class A1 uses, orexceed 21m of continuous frontage innon-Class A1 use; or

ii. result in more than about 30% of thetotal length of street frontage in any onestreet of any one block being innon-Class A1 use.

6.33 A Tertiary Mixed Use Frontage Area has alsobeen defined for Halifax and Brighouse Town Centres,where non-Class A1 uses will be supported but shouldnot be allowed to dominate the area. This area hasbeen defined to assist in the shaping of the night-timeeconomy within the town centres:-

Policy S 8

Tertiary Mixed-Use Frontage

Within the Tertiary Mixed-Use Frontage Areaof Halifax and Brighouse Town Centres,identified on the Proposals Map, proposalsfor the development/redevelopment orchange of use of ground floor premises inretail use (Class A1) will be permitted exceptwhere they would lead to more than 50% ofthe length of the street frontage of any blockbeing in non-retail use .

6.34 In other centres of the hierarchy it has notbeen possible to identify Primary and SecondaryFrontages. However, it is important to protect theretail character of these centres as well and thereforesome restrictions will apply.These are not consideredto be as restrictive as those within the secondaryareas of the town centres and reflect thepredominantly tertiary character of these smallercentres.


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Policy S 9

Non-Retail Uses in Smaller and Local Centres

In the Local Centres (shown on the ProposalsMap) and other parades of shops where thereare no defined shopping frontages,proposals for non-shopping uses will bepermitted provided that the number ofnon-Class A1 uses within the centre doesnot exceed 35% of the total number of unitsavailable within the centre or parade as awhole.

Halifax Town Centre

6.35 Halifax Town Centre is the most importantwithin the District and is the fifth largest retail centrein West Yorkshire. It is also a major administrativeand employment centre with the Council’s ownheadquarters, together with the Halifax Bank ofScotland (HBOS) and major employment centres atDean Clough and the Nestlé factory. The Council willseek to maintain and enhance the role of Halifaxwithin the countywide retail hierarchy over the Planperiod and to bolster the economy of the town throughrenaissance of the town and its centre.The provisionof good quality facilities for residents, visitors andshoppers will be encouraged to ensure that the centrecan compete effectively with other centres in thehierarchy and the ‘out-of-centre’ retail parks. Thecontinued success of retailing within the town centreis fundamental to the continued vitality and viabilityof the centre. However, the whole range of land usesexpected to be found within a town centre contributeto the vitality and vibrancy of the town, and it isimportant also to plan properly for these other usesas well.

6.36 The development of new bars, clubs andrestaurants has been an important feature of the towncentre over recent years, but fear of crime and publicdisorder is deterring some people from visiting thecentre particularly in the evening or after dark. Themanagement of the centre is essential to reduceconflicts between different uses as well as helping toreduce opportunities for crime and disorder. Theintroduction of an alcohol ban on streets within thetown centre has given the Police a useful tool againstanti-social behaviour.

6.37 The town centre’s role will be further enhancedduring the Plan period through:-

i. improvements to the range and quality ofshopping facilities, together with the retentionand enhancement of the existing facilitiesincluding the market;

ii. improvements to the variety of employment,leisure and service activities and facilities;

iii. improvements to the centre’s accessibility;iv. improvements to the quality of the environment;v. encouraging residential uses within the centre

and improvements to the residential amenity ofareas within the centre;

vi. developing the town’s night-time economy in amanner that is compatible with other objectives;

vii. implementing Crime and Disorder legislationand developing the centre’s management; and

viii. development and implementation of the HalifaxTown Centre Strategy, as reviewed from timeto time.

Halifax : "Streets Ahead" - theRenaissance Strategy

6.38 Since the Draft Replacement UDP waspublished in November 2002, Yorkshire Forward hascommenced their Urban Renaissance Programme.One of the main aims of this programme is to “restorecivic pride and economic dynamism in town centresby involving local people in designing thenimplementing masterplans in over 20 towns andmarket towns".

6.39 The Halifax Renaissance Project Town Teamhas developed ideas for how Halifax could developover the next 20 to 25 years. These focus uponcreating a world class destination building upon thefour major assets that the centre has; the Piece Hall,Eureka!, Dean Clough and the integrity of the towncentre as a whole. Generally schemes and proposalswill come forward within the framework alreadyexisting provided by the UDP within the Town Centre.However, there is one particular scenario that needsto have a specific policy framework: the theme ofre-populating the valley bottom. Halifax was foundedalong the Hebble Brook near to where the ParishChurch is sited. During the medieval period the towncontinued to develop in that part of the valley. It wasonly with the coming of the industrial revolution thatthe mills, power station, railway and gas works cameto dominate that part of the town. People weredisplaced and the opportunity now exists to reclaimthe valley bottom for the people of Halifax, to bringthe Parish Church back into the heart of the town andto create a sustainable living community. TheRenaissance Strategy recognises that there areconflicting pressures for development in that part of


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the town. However it suggests that the mostappropriate course of action would be to signalregeneration through the development of asustainable community focussed around the ParishChurch and new parkland formed along the courseof the reopened Hebble Brook (currently culverted).This view has received support from the Council andgenerally through public participation on theRenaissance Project. As a result the following Policywill apply: -

Policy S 10

Halifax Residential Priority RegenerationArea

The Halifax Residential Priority RegenerationArea is shown on the Proposals Map.Withinthis area regeneration efforts should bemindful of the objective of re-populating thevalley bottom. Whilst existing uses aregenerally expected to continue, throughoutthe Plan period, new developments will besupported where they contribute to theseaims. With the exception of residentialproposals, large scale single usedevelopments will not be consideredappropriate.

6.40 As the Renaissance Project and the strategiesarising from it are new activity, it is likely that therewill be further need for refining policy and theintroduction of supplementary advice or DevelopmentPlan Documents through the Local DevelopmentFramework to assist in the development process.

Areas of Special Consideration in HalifaxTown Centre

6.41 There are areas within the centre whereincreased residential use could bring empty buildingsback into use, although it will be important to protectthe amenity of possible residents within these areas,and also to assist the existing businesses. As a resultseveral areas within the centre are defined on theProposals Map within which differing considerationswill apply.

Office Amenity Area within Halifax TownCentre

6.42 The Halifax Town Centre Strategy 2000identified the scope for possible conflicts betweendifferent types of land use activities within the office

area of the town centre. These conflicts relate to thepotential for essentially evening activities to replaceor displace daytime uses which support the principalcommercial activities within the area. As a result, itis considered prudent to ensure that new uses oractivities support the daytime economy within theoffice area. An Office Amenity Area has been definedwithin the centre, within which the daytime uses areconsidered to provide the predominant character ofthe area. Whilst evening uses will help to enliven thearea after work hours, it is considered important tosupport the predominant activity as well. Rather thanleaving areas of inactivity throughout the day whichcould reduce the attractiveness of parts of the centrefor business investment, it is considered important totry to ensure that uses are generally supportive of thedaytime business community. Office supplies, cateringestablishments, newsagents, and other convenienceactivities would be seen to support the area, howevernightclubs and other purely evening activity wouldnot be appropriate unless they were on upper floorswhere the ground floors continue in daytime use. Asa result the following Policy will apply:-

Policy S 11

Halifax Office Amenity Area

Proposals for the development,redevelopment or change of use of groundfloor premises within the Office Amenity Areaof Halifax Town Centre as defined on theProposals Map will be permitted unless theywould introduce uses which would not becompatible with or be complementary to thepredominantly day time business/office useof the area, subject to the criteria in PolicyS 2 (Part A) and other relevant UDP policies.

Residential Amenity Areas within HalifaxTown Centre

6.43 During the Plan period it is hoped that theamount of residential uses within the town centre willincrease. However, it will be important to protectprospective and existing residents from some aspectsof the effects of the night-time economy, in particularnoise and anti-social behaviour associated withalcohol. A number of areas have been designatedwithin the town centre where the amenity of residentialuses will be the primary consideration in consideringchanges of use.


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Policy S 12

Halifax Residential Amenity Area

Within the Residential Amenity Areas asdefined on the Proposals Map for HalifaxTown Centre, consideration will be given tothe amenity of existing or potentialresidential premises. All development shouldrespect the amenity of the area so thatresidents are not subject to unacceptablenoise, smells or disturbance, particularly lateat night.

Mixed Use Day and Night Zone in HalifaxTown Centre

6.44 Within Halifax Town Centre, a Mixed-UseArea, Day and Night Business Area focussed uponthe Bull Green/George Street/Fountain Street Areahas been defined and is shown on the Proposals Map.Within this area, specific consideration will be givento the need to retain vitality and interest during theday time as well as in the evening:-

Policy S 13

Halifax, Mixed-Use Day and Night BusinessArea

Proposals for the development,redevelopment or change of use of groundfloor premises within the Mixed Use Day andNight Business Area of Halifax Town Centreshown on the Proposals Map will bepermitted except where they would lead tomore than 50% of the length of the frontageof any block of any street being in a use thatis not shown to present an interesting andlively street scene during the principalshopping/office hours, subject to the criteriain Policy S 2 (Part A) and other relevant UDPPolicies.

Temporary Retailing / Car Boot Sales

6.45 Where car boot sales or similar eventsconstitute development, the Council will seek toensure that the environmental effects of the sales arekept to a minimum and traffic, litter, pollution, noiseand other disturbances are kept under control. It isalso important to ensure that any such proposals do

not undermine the vitality and viability of any nearbytown centre, and are in accessible locations.Proposals will be supported provided that the criteriain Policy S 14 are met.

Policy S 14

Temporary Retailing and Car Boot Sales

Proposals for car boot sales and other formsof temporary retailing activity will only bepermitted where they comply with thefollowing criteria:-

i. the proposed development is locatedin accordance with the sequentialapproach outlined in POLICY GS 1 andPolicy S 1;

ii. the proposed development is in anaccessible location where it can serveshoppers using public transport orother modes of transport includingwalking and cycling, as well as thosetravelling by car;

iii. no harm is done to the vitality andviability of an existing town centre as awhole;

iv. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, or Historic Parks andGardens or nationally importantarchaeological areas, where these arematerial considerations;

v. no unacceptable environmental,amenity, traffic, safety, or otherproblems are created; and

vi. other relevant UDP policies are met.

Hot Food Takeaways

6.46 Shops selling hot food are popular withCalderdale’s residents, and are also muchappreciated by visitors. However, the siting of suchbusinesses can create environmental problems byreason of smell, litter, noise, or additional traffic,especially to local residents.Whilst generally wishingto support hot food shops, the Council will only do soif the siting and implementation of the schemes createno unacceptable environmental, amenity, traffic orother problems.


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Policy S 15

Hot Food Takeaways

Proposals for hot food takeaways will bepermitted where they comply with thefollowing criteria:-

i. no unacceptable environmental, safetyor other problems are created;

ii. the proposed development would notincrease the level of disturbance ornuisance to a level that would be undulydetrimental to the amenities enjoyed byanyone living in the area;

iii. the proposed development would notgenerate traffic movements or demandfor parking that would be undulydetrimental to highway safety orresidential amenities;

iv. the proposals make adequate andsatisfactory arrangements for thedischarge of cooking fumes and smells;

v. the proposals comply with shoppingfrontage policy;

vi. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations; and

vii. other relevant UDP policies are met.

Proposals should apply a sequentialapproach to site location. Sites or buildingswithin town and local centres defined in theretail hierarchy or within other unnamedsmall parades of shops within the urbanareas or smaller settlements should beconsidered first and, only when such sitesor buildings are not available will proposalsin freestanding locations be acceptable.Where proposals are considered to beacceptable, restrictions may be imposed onhours of opening in order to protect theamenity and character of the area withinwhich the site is located.

Shop Fronts

6.47 Shop fronts have a role to play in defining thecharacter of town centres, and can be attractive intheir own right. In older properties many shop frontshave been replaced by modern designs that do not

necessarily reflect the style of the building, nor aresympathetic to the character of the area within whichthey are situated. The Council supports thereplacement of inappropriate shop fronts with designsmore in keeping with the building particularly withintown centre Conservation Areas and on ListedBuildings, and expects that new retail developmentsshould also include shop fronts, which respect thecharacter of the building or streets within which theyare situated. Where original shop fronts still exist,efforts should be made to retain these and repair themwhere appropriate. New and replacement shop frontswill also need to comply with legislation requiringaccess for disabled people. As a result the followingPolicies will apply:-

Policy S 16

Shop Fronts in New Retail Developments

Wholly new retail developments shouldinclude shop fronts which are an integralpart of the design of the building as a whole,consistent with it and with its setting inquality and use of materials, andproportioned to fit in with the façade andstreet scene of which it forms a part andprovide access for the disabled and mobilityimpaired.

Policy S 17

New and Replacement Shop Fronts

New or replacement shop fronts will bepermitted where they:

i. relate well to the building in which theyare to be built;

ii. create no unacceptable environmental,amenity, traffic, safety, or otherproblems;

iii. preserve or enhance ConservationAreas and do not adversely affectListed Buildings or their settings, wherethese are material considerations;

iv. preserve any existing separate accessto upper floors or create separateaccess to upper floors, where these areclearly not required, or unlikely to beneeded for ancillary use in associationwith the ground floor use;


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v. provide access for the disabled andmobility impaired; and

vi. use materials which are appropriate tothe location.


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107Open Space, Sport and Recreation Facilities

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7 Open Space, Sport andRecreation Facilities

Introduction

7.1 Open space, sport and recreation facilities forman essential part of Calderdale’s environment andplay an important role in maintaining the health andwellbeing of its residents. They contribute towardsquality of life by improving the quality of theenvironment and enabling exercise and otherpastimes to take place, and they can play a key rolein regeneration and sustainable development. TheCouncil’s main objectives for open space, sport andrecreation facilities are to:-

i. provide a wide range of high quality open spaceand sport and recreation facilities that areaccessible to all residents of the District andincrease the provision of these in areas ofdemand where resources permit;

ii. protect existing open spaces and sport andrecreation facilities from inappropriatedevelopment; and

iii. protect and enhance the District’s recreationalfootpaths and public right of way network.

7.2 This will be achieved through the following PartOne Policy:-

POLICY GOS 1

THE PROTECTION AND ENHANCEMENT OFOPEN SPACE, SPORTS AND RECREATIONFACILITIES

OPEN SPACE, SPORT AND RECREATIONFACILITIES WILL BE PROTECTED FROMINAPPROPRIATE DEVELOPMENT ANDTHEIR PROVISION AND IMPROVEMENT TOMEET THE NEEDS OF ALL CALDERDALE’SRESIDENTS WILL BE SUPPORTED. SUCHFACILITIES SHALL:-

I. BE IN CONVENIENT AND SUITABLELOCATIONS WELL RELATED TO THECOMMUNITY AND USERS THEY AREINTENDED TO SERVE;

II. CONFORM TO THE OBJECTIVES OFSUSTAINABLE DEVELOPMENT; AND

III. BE ACCESSIBLE BY WALKING,CYCLING, PUBLIC AND PRIVATETRANSPORT.

Protected Open Spaces

7.3 Open space has a very broad definition whichhas been modified by PPG17 ‘Planning for OpenSpace, Sport and Recreation’ (2002) to embraceaccessible countryside in urban fringe areas,allotments, amenity greenspace (including informalrecreation spaces, greenspaces in and aroundhousing, domestic gardens and village greens),cemeteries, children's and teenagers' play andinformal areas, churchyards, city farms, civic spaces,community gardens, golf courses, grasslands andscrub (e.g. downlands, urban and rural commons andmeadows), green corridors (including river and canalbanks, cycleways, and rights of way), parks andgardens (including urban parks, country parks andformal gardens), playing fields, open and runningwater, outdoor sports and recreation facilities andgrounds (with natural or artificial surfaces and publiclyor privately owned), school grounds, urban forests,wastelands and derelict open land and rock areas(e.g. cliffs, quarries and pits), wetlands and woodland.

7.4 The level of public access is not a criterion fordefinition. An open space, for instance, located onprivate land could mean that it will not always beavailable for public recreation.The areas of identifiedopen space are shown on the Proposals Map.However, there maybe additional areas that the 2002version of PPG17 defines as open space, which couldbe of public value such as domestic gardens, butwhich due to time constraints, the Council has yet toidentify. PPG17 is a material consideration in theassessment of planning applications within such areas(as outlined in paragraph 7.10).

7.5 The Council undertook an assessment of openspace provision throughout the District in 1999. Thissurvey, when compared to the Council’s adoptedstandard, revealed significant under-provision notonly in terms of the land area devoted to recreationalopen space provision but, more importantly, in termsof its distribution around the District. Meeting thestandards for open space provision and achieving asatisfactory distribution within Calderdale arelong-term objectives.

7.6 Open space (both public and private) fulfilsseveral valuable functions which enhance quality oflife by improving the quality of the environment, aidingnature conservation, providing regeneration andecological benefits, and providing outdoor recreationaland leisure opportunities close to where people live.Areas of open space add much to the character ofsettlements and are considered important by thecommunities in which they are located. Many act as

Open Space, Sport and Recreation Facilities108

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lungs of open land breaking up densely populatedurban areas, acting as buffer areas betweenincompatible uses and helping to combat pollution.Others form fingers of undeveloped land passingthrough and linking communities. Some are importantsimply for their visual amenity value and some landwith little intrinsic quality may be of value simplybecause there is no other undeveloped land in thevicinity. A survey undertaken by the Council in 1999(based on the definition of open space contained inthe 1991 version of PPG17) indicated that there is adeficiency in the provision of all types of open spaceacross the District when compared to the NationalPlaying Fields Association (NPFA) ‘Six Acre Standard’of open space provision. Standards for the provisionof open space within the district are to be developed(as advocated in PPG17, 2002) but in the interim theCouncil has adopted the NPFA recommendedstandard for outdoor sport and recreation provision.A further survey of open space in the District is beingundertaken based on the revised definition of openspace contained in PPG17 (2002) and the results willinform the formulation of the Local DevelopmentFramework (LDF). It has not been possible toincorporate revised standards into the Plan, but workis in hand to develop locally determined standards toinform a supplementary planning document (SPD)which will be published to interpret the requirementof Policy.

POLICY GOS 2

AUDIT AND ASSESSMENT OF OPEN SPACE,SPORT AND RECREATION FACILITIES ANDNEEDS

AN AUDIT OF OPEN SPACE, SPORTS,RECREATIONAL AND OTHER FACILITIESAND AN ASSESSMENT OF COMMUNITYNEEDS FOR THESE FACILITIES WILL BEUNDERTAKEN.THE RESULTS OF THISASSESSMENT WILL INFORM AND GUIDETHE COUNCIL AND DEVELOPERS INESTABLISHING NEED FOR EXISTING ANDADDITIONAL FACILITIES, PROVIDE LOCALOPEN SPACE AND SPORTS/RECREATIONSTANDARDS AND DETERMINE WHETHERLAND IS SURPLUS TO REQUIREMENTS.POLICIES PROTECTING OPEN SPACE(Policy OS 1, Policy OS 3, Policy OS 6) WILLNOT BE APPLICABLE TO LAND DECLAREDSURPLUS UNDER THIS AUDIT.

7.7 English Nature has established a standard forthe provision of Accessible Natural Greenspace(ANG). ANG can possess significant biodiversity valueand offer alternative recreational opportunities, andserves an important function of an equivalent valueto managed open space and sports pitches. Section11 (Natural Environment and The Countryside)incorporates policies for the designation andprotection of Local Nature Reserves, which are alsoimportant open space features contributing to thebiodiversity of the District.

7.8 There are many areas of open space shownon the Proposals Map, some of which, whilst beingbelow 0.4ha in area, have limited potential for leisureopportunities, but which are nevertheless important.These small sites perform a valuable function in bothproviding passive recreation opportunities andcontributing to visual amenity by providing greeneryand breaking up the built-up area.

7.9 Open spaces often come under pressure fordevelopment, particularly for housing or employmentdevelopment, and this pressure is set to increase inthe future.There are limited opportunities to increasethe amount of open space, particularly in urban areas,and therefore it is imperative that existing open spaceis preserved and that it is protected from loss andinappropriate development that would harm itscharacter, appearance or function. PPG 3 ‘Housing’(2000) reaffirms this stance in paragraph 53 by statingthat “developing more housing within urban areasshould not mean building on urban green space”.Theplan identifies adequate opportunities and land fordevelopment and these open space areas must besafeguarded in order to retain a balance between theamount of land which is built-up and the amount ofopen land, particularly within urban areas. PPG17(2002) is a material consideration in the assessmentof planning applications relating to areas of openspace. This is particularly pertinent wheredevelopment proposals are located within areas ofopen space that are considered to be of public valuebut which are not located on the Proposals Map.

7.10 There will be exceptional occasions when itwill be appropriate to release open space fordevelopment and these are set out in Policy OS 1.Uses appropriate to the particular open space areawhich would bring community benefits may beacceptable such as outdoor sports facilities,interpretation centres, toilets, refreshment facilities,woodlands, allotments, cemeteries, and horticulture.The onus will be upon prospective developers todemonstrate that there would be no adverse effect interms of the various functions that the open space


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fulfils. Developers will be required to consult with thelocal community to establish whether open space issurplus and to demonstrate that their proposals arewidely supported by them, as advocated in PPG17(2002). This should be at least as accessible tocurrent or potential new users. The alternativeprovision could take the form of on-site and/or off-sitereplacement open space provision or theenhancement of existing open space in the area.Theprovision of appropriate replacement open space orrecreational facilities as part of any planningpermission will be ensured through the use ofconditions or a planning obligation. The policy for thepreservation of open space is set out in Policy OS 1below.

Policy OS 1

Protected Open Spaces

The Proposals Map identifies as Open Space,areas which make a significant contributionto public amenity by virtue of their openspace character, appearance and/or function.Development proposals located within openspaces will only be permitted where one ofthe following circumstances applies.Theproposed development:-

i. is for the replacement or extension ofan existing building(s) currently set inopen space or for a new building whichsupports a recreational or sports useand where the proposal does notdetract from the open character of thearea, maintains or enhances visualamenity, and does not prejudice theestablished function of the area; or

ii. is necessary for the continuation orenhancement of established uses forrecreation, leisure or natureconservation which would result incommunity benefits and where theproposal maintains the open characterof the area, and maintains or enhancesvisual amenity; or

iii. includes the provision of an appropriateequivalent or improved replacementfacility in the locality, of at leastquantitative and qualitative equal valueto compensate for the open space loss,and it can be demonstrated that the

open space is surplus to present andfuture community needs; and

iv. is consistent with all other relevant UDPpolicies.

Open Spaces in Areas of Deficiency

7.11 The Council recognises that certain areas inthe District are deficient in open space, and thisdetrimentally affects the quality of life of residents inthese areas. Methods of improving provision mayinclude increasing the range of facilities, promotingbetter use of open spaces by introducing good designto reduce crime, or improving accessibility. TheCouncil will carry out some of these activities or, inother cases, the Council will seek to influence privatelandowners, developers or local communities toachieve necessary action.

7.12 The role of the local community in identifyingthe need for open space and the way it is used ismore likely to reflect the particular needs andaspirations of the residents of an area. The aim isthat all people will have convenient and safe accessto a range of open space facilities, and that they willbe encouraged to use them.

Policy OS 2

The Provision of Open Space in Areas ofDeficiency

Improvements in the provision of open spacein areas of deficiency should be undertaken.Development proposals and schemes thatconserve, improve, maintain or create openspace will be permitted providing that theyare consistent with other relevant UDPpolicies.

Safeguarding Sports Grounds andPlaying Fields

7.13 Playing fields and sports grounds are animportant resource for sport and recreation inCalderdale. As well as providing an importantresource for team sports they make a significantcontribution to informal recreation, and possessamenity value. Playing fields and sports grounds area scarce resource and the loss of any part of a playingfield may represent an irretrievable loss. The EnglishSports Council, operating as Sport England, opposes


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the development of playing fields in all but exceptionalcases (Planning Policy Statement: 'Policy on planningapplications for development on playing fields' 1998).There is therefore a need to safeguard existingplaying fields and sports grounds from unacceptabledevelopment in order to continue to provide for theneeds of both current users and future generationsas advocated in PPG17.

Policy OS 3

The Safeguarding of Sports Grounds andPlaying Fields

Development proposals which result in theloss of, or would prejudice the use of, all orany part of land presently or last used as asports ground or playing field will not bepermitted except where it can bedemonstrated that one or more of thefollowing circumstances exist:-

i. an assessment of current and futureneeds demonstrates that there is anexcess of playing field provision in thecatchment, and the site has no specialsignificance to the interests of sport;or

ii. the proposed development is ancillaryto the principle use of the site as aplaying field(s), and does not affect thequantity or quality of pitches oradversely affect their use; or

iii. the proposed development affects onlyland incapable of forming, or formingpart of, a playing pitch, and does notresult in the loss of or inability to makeuse of any playing pitch, a reduction inthe size of the playing area of anyplaying pitch or the loss of any othersporting/ancillary facilities on the site;or

iv. the playing field(s) which would be lostas a result of the proposeddevelopment would be replaced by aplaying field(s) of an equivalent orbetter quality and of equivalent orgreater quantity, in a suitable locationand subject to equivalent or bettermanagement arrangements, prior to thecommencement of development; or

v. the proposed development is for anindoor or outdoor sports facility, theprovision of which would be of

sufficient benefit to the development ofsport as to outweigh the detrimentcaused by the loss of the playingfield(s).

Provision of Sport and RecreationFacilities

7.14 In seeking to provide an appropriate recreationand leisure infrastructure, the Council recognises thatscarce and expensive facilities need to have as widea range of uses and users as possible, an examplebeing the wider community use of schools and schoolplaying fields and multi-purpose pitches (See PolicyCF 3). The Council will also encourage privatelyowned facilities to be widely open to public use,particularly at a price that is affordable to all, in theinterests of equal opportunities and to facilitate theefficient and effective use of land. In the case of theuse of land in school use, there is a need to seek toensure that facilities would remain open to wide publicuse in the event of the control of a site passing tolocal school management.The Council has developeda Sports Strategy for the District entitled ‘Fit for theFuture’ (2001). The aim of the strategy is to givevision and direction for sport over the next 5 yearswithin Calderdale. It sets out what the Council wouldlike to achieve and establishes a framework for otherorganisations within the community in an attempt tobring about greater partnerships and co-ordinationthroughout the District.

7.15 The Council acknowledges that its existingswimming pools are in certain instances not welllocated to best meet the present or future needs ofcommunities, or are in need of extension or evenreplacement.The Council will assess swimming poolprovision and subject to the availability of resourceswill seek to remedy recognised deficiencies. Inaddition, the Council has steadily built up a range ofsports halls and facilities. However, it is nowrecognised that this range is in need of extension andimprovement.

7.16 New sites and buildings providing recreationinfrastructure such as all-weather sports pitches,should create no unacceptable environmental,amenity, traffic or other problems and must be wellserved by good quality public transport. A particularissue that needs careful consideration is the sitingand design of any external floodlighting, the relevantpolicy against which a proposal will be assessedbeing Policy EP 5.


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7.17 New facilities which are likely to attract largenumbers of visitors and are thus considered to be keytown centre facilities (such as swimming pools andmajor sports centres) will be expected to conform tothe sequential tests advocated in PPS 6 ‘Planning forTown Centres’ (2005).The following Policy will apply:-

Policy OS 4

The Provision of Sports and RecreationFacilities

New or replacement sports and recreationfacilities or extensions to existing facilitieswill be permitted provided that:-

i. the development relates well in scale,character and function to the locality;

ii. the proposal does not adversely affectthe nature conservation value of thesite;

iii. the development is accessible by goodquality public transport as existing orwith enhancement;

iv. the proposal does not create anyunacceptable environmental, amenity,safety, highway or other problems;

v. where appropriate (such as majorrecreation facilities) the developmentshall be sited in accordance with thefollowing preferred sequence oflocations:-

FIRSTLY – within town centres as definedon the Proposals Map where sites orbuildings suitable for conversion areavailable;

SECONDLY – in edge-of-centre locationswhere no suitable central sites or buildingsare available;

THIRDLY – in out-of-centre locations whichare, or can be made accessible, by a choiceof means of transport where no suitable sitesor buildings are available in either of theabove areas; and

vi. the proposal is consistent with all otherrelevant UDP policies.

Provision of Recreational Open Space inResidential Development

7.18 Standards for the provision of open spacewithin the District and within new housingdevelopments are to be developed as required byPPG17. The Good Practice Companion to PPG17'Assessing Needs and Opportunities' (2002), providesdetailed guidance for undertaking such anassessment. The Council is developing locallydevised standards, based on the needs of localpeople and will expect developers to provide openspace in accordance with those standards.

7.19 In the interim the Council has adopted theNational Playing Fields Association (NPFA)recommended standard for outdoor sport andrecreation provision (hereafter referred to as‘recreational open space’) across the District of 2.4haof outdoor recreation and playing space per 1000population. This standard is broken down into 1.6haper 1000 population provision of adult and youthoutdoor playing space (to include elements of pitches,greens and courts) and 0.8ha per 1000 populationprovision of children’s playing space to includeoutdoor equipped playgrounds and informal or casualplaying space. The average household size inCalderdale at the 2001 Census was 2.36 persons perdwelling. This will be applied to the number ofdwellings in a development to assess the populationlikely to be generated.

7.20 The Council undertook an assessment of openspace provision throughout the District in 1999. Thissurvey, when compared to the Council’s adoptedstandard, revealed significant under-provision notonly in terms of the land area devoted to recreationalopen space provision but, more importantly, in termsof its distribution around the District. Meeting thestandards for open space provision and achieving asatisfactory distribution within Calderdale arelong-term objectives.

7.21 The cumulative impact of new residentialdevelopment, both large and small, will furthercompound deficiencies in recreational open spaceprovision by generating additional demand, whichputs increasing pressure on existing facilities. Openspace is required to be provided with all new housingdevelopments, either on or off-site. Suitably designedand landscaped areas of formal and informalrecreational open space (incorporating children’s playareas and associated equipment where appropriate)should be an integral part of the design of newhousing schemes. The provision of these facilitiesshould not just be seen as an exercise in meeting


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standards. It is important that new open space is bothusable, safe and integrated within the scheme as apart of a cohesive landscape structure. New housingdevelopments will be expected to provide andmaintain recreational open space to at least theCouncil’s minimum standard as outlined in paragraph7.19.The exact location, size, and type of open spaceto be provided will be subject to planning conditionsor a planning obligation between the Council and thedeveloper. Where a developer cannot provide theappropriate amount of recreational open space onsite, the Council will assist developers in meeting theirresponsibilities by accepting a financial contributionin lieu of physical provision to enable the creation orimprovement and maintenance of alternative localfacilities. However, specialised accommodation suchas sheltered accommodation would not be requiredto contribute to overall open space provision, butrather only for the amenity needs of the developmentitself. The following Policy will apply:-

Policy OS 5

The Provision of Recreational Open Spacein Residential Development

All new residential developments shouldprovide for the recreational needs of theprospective residents, by providing, layingout and maintaining recreational and amenityopen space of a scale and kind reasonablyrelated to the development within or adjacentto the development within an agreedtimescale. Such provision shall be inaccordance with standards set by theCouncil. (Pending preparation of locallybased standards the NPFA standards will beapplied).

Allotments

7.22 Allotment gardens can contribute to openspace within the District. They have positive benefitsnot only for environmental sustainability but also forfood production, wildlife and general amenity value.Allotments are an important community resource.

7.23 The Council has a statutory duty to provideallotments if there is unmet demand under theAllotments Acts 1908-1950 (which also defines theterm ‘allotment’).The Council also has to get consentfrom the DCLG if it wishes to dispose of statutoryallotments. Almost all allotments in the District areCouncil owned although there remain a number of

privately owned sites. The provision of allotments isscattered around the District with 34 publicly managedallotment sites holding approximately 669 plots.(There are about 512 statutory allotment plots and157 non-statutory plots). Allotments are shown onthe Proposals Map as a notation of Open Space.

7.24 Planning permission will not be granted forthe redevelopment of allotments simply because theyhave been allowed to fall out of use and becomederelict. PPG17 states that poor use or quality of afacility should not be taken as necessarily indicatingan absence of need in the area.

7.25 Development which would remove allotmentsfrom use altogether will only be allowed if it has beendemonstrated that there is no need for the allotmentsor alternative provision has been made. In the caseof statutory allotments such a change requires theconsent of the DCLG. Exceptionally, wheredevelopment is permitted, and there is a proven need,developers should provide for appropriate alternativeprovision of at least equivalent standard tocompensate for the loss of allotments. The followingPolicy applies.

Policy OS 6

The Safeguarding of Allotments

Development proposals which would resultin the loss of, or otherwise adversely affectthe continued operation and character ofallotments will not be permitted unless:-

i. it is demonstrated that this would notresult in unmet demand for allotmentswithin reasonable walking distance, andthe proposals are for an alternativecommunity use of an open spacenature; or

ii. appropriate alternative allotmentprovision is made of at least anequivalent standard and in asatisfactory location before the use ofthe existing allotment ceases; and

iii. the proposed development is consistentwith all other relevant UDP policies.

7.26 The Council will, subject to the availability ofresources, continue to maintain, upgrade andenhance sites. Where there is demand for plots anda deficiency in provision the Council has a duty tomeet this need by providing new allotments. Any new


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sites should be located conveniently close to thehomes of potential allotment holders and be of a size,quality and aspect suitable for allotment purposes,whilst ensuring that design and management arebased on ecological principles and of a standard thatenhances the urban environment.

Policy OS 7

The Provision of Allotment Sites

Proposals for the provision of new allotmentsites will be permitted provided that they:-

i. are of a high standard of design andexternal appearance which is based onecological principles;

ii. provide for suitable pedestrian andvehicular access;

iii. do not detrimentally harm the amenityof adjacent residents; and

iv. are consistent with all other relevantUDP policies.

Common Land

7.27 There are approximately 5,400ha of registeredcommon land and village green in Calderdale. Themajority of this is urban common (see the Glossaryfor the definitions). The public has rights of accessover urban commons for air and exercise whether onfoot or horseback and, to a lesser extent, to ruralcommons using public rights of way. Village greensare land used by established custom for exercise andrecreation and are claimed as such by localinhabitants. Registered urban and rural commonsand village greens are collectively referred to as‘Common Land’ in the UDP and are shown on theProposals Map.

7.28 The Countryside and Rights of Way Act 2000(CRoW) gives people a new right to walk over largeareas of open countryside and common land. This‘Access Land’ is mapped by the Countryside Agencyand includes open country such as moorland, heathand registered commons. The Proposals Map doesnot show the access land defined under the provisionsof the CRoW Act, but does show Council ownedaccess land.

7.29 Common land, whether it is Urban or RuralCommon or a Registered Village Green, representsan important resource for public recreation, natureconservation and agriculture. In the past, however,

some areas have been used for mineral extractionand waste disposal. Government guidance rules outpolicies that would place a general embargo onmineral extraction and restoration of sites. It may benecessary to allow these activities to continue oncommons unless there are overriding concerns suchas the designation of the land as a Special ProtectionArea (SPA), Special Area of Conservation (SAC) Siteof Special Scientific Interest (SSSI), Site of Ecologicalor Geological Interest (SEGI) or as a locallydesignated nature reserve, where development is notconsidered appropriate.

Policy OS 8

Development Within or at the Edge ofCommon Land

Development proposals within or at the edgeof Registered Urban and Rural Commonsand Village Greens will not be permittedunless they:-

i. do not harm their function, or opencharacter;

ii. do not damage the recreational valueof the land;

iii. preserve the visual amenity of thespace by protecting its landscapecharacter, vistas, any trees and othernatural features;

iv. protect or incorporate importantarchaeological features, historicartefacts or landscape features;

v. do not damage the ecological andwildlife importance of the space;

vi. do not conflict with the operation ofaccess land; and

vii. are consistent with all other relevantUDP policies.

Waterways and Open Water

7.30 The Council is aware of the potential affordedby waterways and water areas (canals, rivers, ponds,lakes and reservoirs) and their banks asamenity/recreational resources and wildlife habitats.There are conflicting demands placed upon thesefeatures which must be addressed in a balanced way.Additionally Yorkshire Water and North West Waterown and operate a considerable number of drinkingwater collection reservoirs and associated watercatchment areas in the Pennine uplands of


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Calderdale. These areas are valued in landscape,environmental, conservation and amenity terms andare increasingly important in meeting the recreationalneeds of all. These conflicting demands must notthreaten water supply and not damage public healthwhilst maintaining the environmental value of theareas. The implementation of managementagreements involving Yorkshire Water, othercompanies and the Council seeks to prevent theconflict of water supply and recreational uses.

7.31 Water sport and recreation must, of course,take place in or adjacent to rivers, canals or otherwater areas. Currently, opportunities for water sportsand recreation have not been maximised inCalderdale. The canals are used for leisure boating,a reservoir for sailing, former gravel pits for watersports and fishing takes place in many water areas,which are also important for amenity, landscape ornature conservation reasons. The banks of thesewater areas, together with the land around them arealso important for more reflective forms of leisureactivities, such as walking, fishing or picnicking. Manyof the riverbanks in Calderdale are inaccessible, butcould form an attractive and notable recreationalfeature for residents and visitors. A SupplementaryPlanning Document (SPD) showing how developmentcan embrace the rivers and other water features is inpreparation. There is scope for these opportunitiesto be further developed in line with soundenvironmental, amenity, traffic and ecologicalprinciples. Reference should also be made to PolicyEP 15.

Policy OS 9

The Recreational Use of Waterways andOpen Water

Development proposals for the recreationaluse of waterways and water areas will bepermitted provided that the proposal:-

i. maintains or encourages both theaccess to, and the use of, the relatedwaterway or water area;

ii. has regard to the requirements ofexisting recreational users;

iii. recognises the importance of areas asdrinking water catchments and theconsequent need to avoid pollution andpublic health problems;

iv. respects the importance of the area interms of the quality and character of

the landscape and for biodiversity andnature conservation;

v. is compatible with the continued usefor navigation, mooring or use as a boatyard where relevant;

vi. does not create any unacceptableenvironmental, amenity, safety, highwayor other problems; and

vii. is consistent with all other relevant UDPpolicies.

Former Halifax Branch Canal

7.32 The former Halifax Branch Canal is a featurerunning from Salterhebble Basin on the Calder andHebble Navigation, through the valley containing theHebble Brook and its associated trails, cycleways andwalks to Halifax town centre. It was built in the earlynineteenth century (opening in 1828) but was rapidlysuperseded by the railways and fell into disrepair andwas finally abandoned by Warrant of the Minister ofTransport in 1942. Whilst the route of the canal isvisible through the valley, the canal walls and bed areno longer visible. There is still evidence of many ofthe old structures such as bridges although very fewof the lock workings are visible. The policy will betaken into account where features are in evidence. Itshould be emphasised that this policy is a generalvision and is therefore not site specifically focused.Although there are currently no plans to reopen thecanal, nor to restore it, as these would not be costeffective, the historic nature of the canal and featuressuch as the sites of locks mean that it should beprotected from development which would see thesefeatures removed or obliterated. As a result it isproposed to protect the line of the Halifax BranchCanal from inappropriate development.

Policy OS 10

Former Halifax Branch Canal

Development proposals on the line of theformer Halifax Branch Canal will only bepermitted where they would not destroy orunacceptably compromise:

i. the linearity of the site of the canal; and,ii. historical features such as the sites of

locks or other associated structures.


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117The Built and Historic Environment

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8 The Built and HistoricEnvironment

The Contribution of Design to the Qualityof the Built Environment

8.1 PPS1 ‘Delivering Sustainable Development’(2005) recognises that good design ensures attractiveusable, durable and adaptable places and is a keyelement in achieving sustainable development. Gooddesign is indivisible from good planning. In addition,high quality design and the layout of new developmentcan increase the density of developments and helpto achieve the Government’s objectives of makingthe best use of previously developed land asadvocated in PPG3 ‘Housing’ (2000). Fourpublications supplement PPG and PPS advice andaim to provide guidance on many aspects of the urbandesign process and reflect good practice. These are‘By Design - Urban Design In The Planning System:Towards Better Practice, A Companion Guide toPPG3’ (CABE/DTLR 2000); 'By Design - Better Placesto Live' (DTLR 2001);'Safer Places - the PlanningSystem and Crime' (OPDM/Home Office 2003) and'Planning and Access for Disabled People: A GoodPractice Guide' (OPDM 2003). PPS1 also recognisesthat the appearance of proposed development andits relationship to its surroundings are materialconsiderations in determining planning applications.Such considerations not only relate to the appearanceof buildings and environments but also to the waythey function. Calderdale has a unique architecturalheritage of high quality. The rich variety ofarchitectural and historic features of the District shouldbe protected and enhanced for the benefit of futuregenerations. Alterations to existing buildings and newdevelopment should be designed to create a builtenvironment that complements the area's uniqueidentity and contributes to its special character. Gooddesign plays an important part in achieving theCouncil’s corporate priority of securing a clean andattractive built and natural environment, and can alsoassist in raising the quality of life in urban and ruralsettlements by improving the environment asadvocated in Policy S4 of the Regional SpatialStrategy for Yorkshire and the Humber (2004).

8.2 Good design is an essential component of allnew developments and this section aims to set outclear policy to assist in achieving high standards.Therefore, the following Part One Policy should beconsidered when assessing the design of a newdevelopment.

POLICY GBE 1

THE CONTRIBUTION OF DESIGN TO THEQUALITY OF THE BUILT ENVIRONMENT

ALL NEW DEVELOPMENT WILL BEREQUIRED TO ACHIEVE HIGH STANDARDSOF DESIGN THAT MAKES A POSITIVECONTRIBUTION TO THE QUALITY OF THELOCAL ENVIRONMENT. IN PARTICULARDEVELOPMENT SHOULD:-

I. PROMOTE SUSTAINABLE FORMS OFDEVELOPMENT AND EMBRACE THEOBJECTIVES OF SUSTAINABLEDESIGN;

II. PROMOTE COMMUNITY SAFETYINCLUDING CRIME PREVENTIONMEASURES;

III. CREATE OR RETAIN A SENSE OFLOCAL IDENTITY;

IV. CREATE ROADS, FOOTPATHS ANDPUBLIC SPACES THAT AREATTRACTIVE AND SAFE, AND PUTSUSTAINABLE FORMS OFTRANSPORT, IN PARTICULARWALKING, CYCLING AND PUBLICTRANSPORT, BEFORE OTHER MOTORVEHICLES;

V. PROMOTE ACCESSIBILITY BYCONSTRUCTING BUILDINGS THAT ALLSECTORS OF THE COMMUNITY CANEASILY REACH AND ENTER;

VI. PROTECT AND ENHANCE THEDISTRICT’S ARCHITECTURAL ANDHISTORIC HERITAGE, LANDSCAPEAND AMENITY, AND CONTRIBUTE TOITS SPECIAL CHARACTER; AND

VII. NOT HARM THE CHARACTER ORQUALITY OF THE WIDERENVIRONMENT AND ENCOURAGEFURTHER GREENING OF THEENVIRONMENT AND IMPROVE LOCALBIODIVERSITY.

Piecemeal Development

8.3 Land resources are finite, and the extent towhich development may occur is further restricted byelements such as topography, Green Belt, and theneed to ensure appropriate standards of developmentin the interests of amenity. It is therefore essentialthat any developable land be put to the most efficient

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use. However, this should not unnecessarily restrictor prejudice the further general development ofadjoining or nearby land that is potentially developableand allocated for such purposes. Therefore thefollowing Part One Policy will apply to all developmentproposals:-

POLICY GBE 2

PIECEMEAL DEVELOPMENT

PLANNING PERMISSION WILL NOT BEGRANTED FOR THE PIECEMEALDEVELOPMENT OF LAND WHICH WOULDPREJUDICE THE DEVELOPMENT OF ALARGER AREA OF LAND FOR ANAPPROPRIATE BENEFICIAL USE ASINDICATED ON THE PROPOSALS MAP.

General Design Criteria

8.4 The townscape and landscape of Calderdaleare dominated by a local building character comprisedpredominantly of local natural stone with stone or blueslate roofs together with a vernacular style thatreflects its historic influence. These characteristicscontribute to a local distinctiveness which should bemaintained and not diluted by developments whichdo not reflect and enhance the identity of the locality.It is particularly essential that this concept is appliedwithin the rural South Pennines landscape asadvocated in ‘A Heritage Strategy for the SouthernPennines’ published by the Standing Conference ofSouth Pennine Authorities (SCOSPA) in 2001.

8.5 New buildings can have a significant effect onthe character and quality of an area. Buildings shouldbe designed to complement the traditional characterand local distinctiveness of an area by respecting thecharacter of the surrounding built form, payingparticular regard to scale, density, building lines,materials, and fenestration. In particular, materialsshould be used in development proposals thatcomplement the surrounding buildings in terms ofform, colour and texture. New developments whichare out of scale or whose broad design is incongruouswhen set against existing buildings on the site orsurrounding area will be opposed. This does notpreclude buildings of innovative or contemporarydesign, which will be supported where theycomplement local architectural styles, adjoiningbuildings and the street scene.

8.6 Developers should aim to achieve a high qualityof design and landscaping and create places that areattractive, safe, accessible and people friendly. Higherdensities and more intensive development are beingpromoted, particularly on brownfield sites throughPPG3, in the drive to make more effective use of landand buildings. Residential development should takeparticular care in the design, layout, orientation andlocation of buildings, so that no unacceptable loss ofamenity results due to the effects of overlooking orovershadowing. In order to be able to assess thedesign implications of planning applications forcomplex or large scale development proposals andthose involving sensitive sites or buildings, developersare required to submit perspective plans which showthe proposal in its wider context within the streetscene and design and access statements to justifyand explain the design concept and its accessibility.

8.7 Where appropriate, the Council will seek toprovide new Supplementary Planning Documents(SPDs) to provide design guidance. Developmentproposals will need to take into account any relevantSPD together with the criteria set out below:-

Policy BE 1

General Design Criteria

Development proposals should make apositive contribution to the quality of theexisting environment or, at the very least,maintain that quality by means of highstandards of design. Where feasibledevelopment should:-

i. respect or enhance the establishedcharacter and appearance of existingbuildings and the surroundings in termsof layout, scale, height, density, form,massing, siting, design, materials,boundary treatment and landscaping;

ii. retain, enhance or create any naturaland built features, landmarks or viewsthat contribute to the amenity of thearea;

iii. be visually attractive and create orretain a sense of local identity;

iv. not intrude on key views or vistas;v. not significantly affect the privacy,

daylighting and amenity of residentsand other occupants;

vi. incorporate landscaping and existingtrees that contribute significantly to the


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amenity and nature conservation valueof the local environment as an integralpart of the development site’s designand where appropriate incorporatelocally native plants and create wildlifehabitats;

vii. be energy efficient in terms of buildingdesign and orientation; and

viii. include consideration of the needs ofsecurity and crime prevention.

Privacy, Daylighting and Amenity Spacein New Development

8.8 Policy BE 1 stresses the importance ofensuring appropriate design principles, layout anduse of materials in development. An additionalelement, which is of critical importance in achievinggood standards of design, particularly in residentialareas, is ensuring that adequate space aboutbuildings is achieved, whilst recognising the need tomake the fullest use of housing land. The purposesof securing adequate space around buildings are:-

i. to secure a reasonable degree of privacy indwellings and prevent overlooking between bothnew and existing dwellings;

ii. to ensure dwellings enjoy a reasonable level oflight and are not unreasonably overshadowed;

iii. to ensure that development is not overbearingon the outlook from dwellings;

iv. to allow amenity spaces around dwellings forlandscaping, gardens, play, sitting out, carparking etc - i.e. an 'outdoor room' which canbe used in reasonable privacy; and

v. to ensure that new development does notunfairly place restraints upon adjoining land orproperty in terms of the latter's developmentpotential where allocated for (or suitable for)development.

8.9 Conditions may be imposed on planningpermission restricting future extensions andalterations that could otherwise be carried out withoutthe need to apply for planning permission under theprovisions of the General Permitted DevelopmentOrder (1995) (as amended). Such restrictions wouldbe imposed where future alteration of the permitteddesign, for example, by erecting a small extension orforming a new window opening, would be to thedetriment of privacy or amenity. Additional guidanceto assist in evaluating the acceptability ofdevelopment proposals and the application of Policy

BE 2 is included as Annex A. New buildings, and inparticular dwellings, as well as extensions will beassessed against Policy BE 2 below:-

Policy BE 2

Privacy, Daylighting and Amenity Space

Development proposals should notsignificantly affect the privacy, daylightingand private amenity space of adjacentresidents or other occupants and shouldprovide adequate privacy, daylighting andprivate amenity space for existing andprospective residents and other occupants.

Landscaping of New Development

8.10 Landscaping forms an essential part of thequality of the environment and contributes to thecharacter and identity of local areas. It can contributeto visual amenity, by screening unsightly buildings orland uses, by breaking up the visual impact of largedevelopments and associated car parking areas, andby providing an attractive setting for buildings andspaces. Landscaping is taken to mean open spacewhich does not necessarily possess any recreationalvalue but which includes hard and soft elements,planting, boundary treatment, waterways, water areasand street furniture. Street furniture, such as litterbinsand seats has a marked impact on the environment.Where it is required it should compliment the role andfunction of the area. Superfluous or unnecessarystreet furniture should be avoided in the interests ofreducing clutter. In addition to visual concerns,consideration should also be given to public safetymatters and resistance to damage from vandalismand the weather. Landscaping, together withappropriate street furniture, can also contribute to thesuccessful functioning of areas intended for publicuse. Detailed design of hard and soft landscapingneeds careful consideration as part of the overalldesign process. Landscaping schemes will berequired to be submitted for developments whichcreate either public or private open areas such as onhousing developments or within office, industrial, andretail developments or on mineral extractiondevelopments. The Council, having regard to thenature and size of an individual application, will makethe decision as to whether or not a landscapingscheme is required.

8.11 Landscaping schemes should accurately showthe location, height, spread, species and condition of


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existing trees, hedges, shrubs and other features,those to be retained, those to be removed or lopped,and the location and type of proposed hard and softlandscaping.The design of landscaping schemes andthe species of plants and type of hard materialschosen should reflect the site and existing plants.Native species of trees should preferably be usedand in larger proposals should be designed toenhance biodiversity through the creation of newhabitats. Consideration of crime issues should beincluded in landscaping and planting schemes, andin particular hiding places and dark or secluded areasshould not be created. Opportunities will be soughtthrough development schemes to improve tree andshrub planting cover, particularly in areas ofdeficiency. Landscaping schemes should be laid outin accordance with the British Standards Institution,‘Guide for Trees in Relation to Construction’ (BS5837:2005), or other standards which are current atthe time an application is made. Special attentionmust be paid to the selection of materials for newhard surfaced areas. It is important that considerationis given to the future maintenance and managementof landscaping, to ensure continued good qualitylandscaping and open space in the longer term. Thiscan be achieved through the careful design of thelandscaping in the first place and by ensuring thatappropriate arrangements are made for the futuremaintenance and management of the landscaping.

8.12 Planning conditions will require the approvalof landscaping schemes before developmentcommences and the completion and maintenance ofthe landscaping schemes following completion of thedevelopment. Planning conditions may also requirethe retention of landscape features such as trees andhedgerows and the retention of existing stone wallsand paving, with new walls and ‘making good’ beingcarried out in appropriate materials. Therefore, anyproposal will be considered against the criteria setout below:-

Policy BE 3

Landscaping

Development proposals will be required,where appropriate, to be accompanied bylandscaping schemes that include goodquality hard and soft landscaping.Theyshould be designed as an integral part of thedevelopment proposal and should contributeto the character and amenity of the area and,where possible, enhance local biodiversity.The scheme should be implemented in full

within an agreed timescale and includedetails of:-

i. the retention of existing trees,hedgerows, walls, fences, paving, andother site features which contribute tothe character and amenity of the area;

ii. appropriate soft landscaping (includingtree and plant species, location, sizesand numbers) which respect thelandscape characteristics of the site,its setting, and its potential effect onadjacent land uses; and

iii. appropriate hard landscaping (includingdetails of street furniture whereappropriate) which respect thelandscape characteristics of the siteand its setting.

Safety and Security Considerations withinNew Developments

8.13 It is vital that crime prevention measuresbecome a key consideration in all areas of land useplanning.The importance of reducing crime and itsimpact on society has been reinforced by Section 17of the Crime and Disorder Act (1998) which places aduty on local authorities to consider the crime anddisorder implications of all their functions. Thisimpacts on all areas of land use planning, butspecifically can relate to the design and location ofnew development including housing and other formsof development. Crime prevention is capable of beinga material consideration in determining planningapplications.

8.14 Safety and tackling the fear of crime is animportant issue in Calderdale. The Council hastherefore included ‘creating safer communities withlower crime levels, less fear of crime and safer roads’as a corporate priority (June 2002). The Council is apartner in the Calderdale Community SafetyPartnership, which has published the CalderdaleSafer Communities Strategy 2005-2008. In addition,the Council has worked with the West YorkshirePolice and other West Yorkshire local authorities toprepare the document ‘Designing for CommunitySafety, A Residential Guide’.

Designing Out Crime

8.15 Crime prevention has an important role to playin achieving the overall aims of the UDP and needsto be considered in all development proposals. Muchcan be done to reduce opportunities for crime through


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the careful consideration of the design, layout, lightingand landscaping of new development (the sectionsrelating to the design of highway and pedestrianroutes are contained in Policy BE 5 and Policy BE 6).Crime prevention features should be incorporatedinto the design process at an early stage.

8.16 In considering the issue of crime,developments should incorporate the principles of‘Secured by Design’ and should reflect both the safetyof people and the security of property. ‘Secured byDesign’ is the national police scheme that aims tominimise crime and the opportunities to commit crime,primarily through employing more security consciousbuilding design methods.The scheme principally aimsto make communities feel safer and more desirableplaces to live. Further information can be obtainedfrom the website www.securedbydesign.com. Anydesign solution should remain sensitive to localcircumstances and there should be a balancedapproach to design which attempts to reconcile thevisual quality of a development with the needs ofcrime prevention. Developments can be made securewithout resorting to razor wire, grilles, bars, unsightlytypes of fencing and other visually intrusive securitymeasures, if safety and security is considered at anearly stage of the design process.

8.17 Developers should, prior to submitting detailedproposals, seek advice from the West YorkshirePolice Architectural Liaison Officer on designing outcrime, and any recommendations received should beincorporated into the development proposal unlessthese conflict with other significant interests (forexample, the interests of Listed Buildings).Developers are also encouraged to submit statementsin conjunction with planning applications thatemphasise the measures taken to design out crime.

8.18 There are two basic principles which areapplicable to any attempt to reduce crime throughurban design:-

i. the integration of natural surveillance into thedevelopment by ensuring that the design andlayout of buildings and estates allows for peopleto see, and thus monitor communal areas suchas streets, footpaths and open space as well asthe front doors of other buildings. An importantaspect is that hiding places and dark orsecluded areas should be avoided. Adequatelighting is essential so as to allow for effectivesurveillance at night; and

ii. the integration of defensible space into thedevelopment so that all spaces are clearlydefined and adequately protected in terms of

their use and ownership. Defensible space isessentially concerned with the adoption oftechniques that engender a feeling ofterritoriality, thereby allowing people to feel thatthey have control or influence over the use ofspace around them.This is achieved by definingthe various areas of public and private spaceusing real and symbolic barriers such asfencing, gates, narrowed entrances andchanges in road surface texture and colour.Generally, when people are empowered with afeeling of ownership of the space around themthey will police and look after their own area ofprivate space, so that the public and intrudersknow when they are intruding on privateproperty.

8.19 In order to ensure that the objectives of naturalsurveillance and defensible space are achieveddevelopments should be designed having regard tothe following principles:-

buildings should be designed to allow foroverlooking of streets, footpaths and public openspace wherever possible;long areas of blank street frontage should beavoided;separate traffic-segregated footpaths within newhousing developments should be avoided unlessthey can be seen from nearby housing;cars should preferably be kept in garages,behind lockable gates or in secure car parks,but where this is not feasible considerationshould be given to the security and the siting ofcar parks and open spaces so that they arevisible from surrounding buildings;the development should be adequately lit, inparticular streets, footpaths and communalareas (although care should be taken to avoidlight pollution, for further information refer toparagraphs 12.10 to 12.13);Closed-circuit television surveillance (CCTV)should be incorporated where appropriate, andin particular of car parks;mixed-use developments should be consideredas these help to maintain activity 24 hours aday;Neighbourhood Watch schemes should bepromoted and supported;consideration of crime issues should be includedin landscaping and planting schemes, and inparticular hiding places and dark or secludedareas should not be created;external doors/frames/fixings/locks, ground floorwindows and those windows that are accessible


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by climbing, should meet the requisite Securedby Design recommendations and BritishStandards;there should be a clear demarcation betweenpublic and private space by either physicalbarriers such as walls, fences or other meansof enclosure or through changes in surfacetreatment;use of appropriate building and paving materialsand street furniture should be used which aredurable and resistant to vandalism;the number of points of access into adevelopment and the number of through routesshould be limited, direct, and encourageconnectivity where appropriate; andappropriate fencing and other means ofenclosure to discourage general public accessshould be provided.

8.20 The principles of the following Policy apply:-

Policy BE 4

Safety and Security Considerations

The design and layout of new developmentshould address the safety and security ofpeople and property, and reduce theopportunities for crime. In assessingdevelopment proposals particular attentionwill be paid to:-

i. the use and creation of defensiblespace;

ii. the creation of opportunities for naturalsurveillance;

iii. the location and design of streetlighting;

iv. the location of footpaths and accesspoints;

v. the location and design of parkingfacilities;

vi. the design of landscaping and inparticular maximising opportunities forsurveillance and avoidance of creatinghiding places and secluded areas; and

vii. advice provided by Police ArchitecturalLiaison Officers.

Design and Layout of Highways andAccesses in New Development

8.21 Highway access and parking in newdevelopment must provide for safe and efficientmovement by pedestrians, vehicles, and cyclists. Itshould take account of the Hierarchy of Considerationof POLICY GT 4. Design Bulletin 32 (1992) and thecompanion guide, ‘Places, Streets and Movement’(1998), published by HMSO which provides helpfulinformation regarding the layout of residential roads,whilst the former County Council’s Highway DesignGuide (1985) is still valid and may provide help forindustrial roads. The following Policy will apply:-

Policy BE 5

The Design and Layout of Highways andAccesses

The design and layout of highways andaccesses should:-

i. ensure the safe and free flow of traffic(including provision for cyclists) in theinterest of highway safety;

ii. allow access by public transport whereappropriate;

iii. provide convenient pedestrian routesand connectivity within the site and withits surroundings;

iv. incorporate traffic calming, and speedmanagement and reduction measureswhere appropriate;

v. provide an attractive environment whichrespects the local character of the area;

vi. take account of the Hierarchy ofConsideration of POLICY GT 4; and

vii. help to reduce opportunities for crime.

Provision of Safe PedestrianEnvironments in New Development

8.22 Pedestrians are vulnerable road users, andtheir needs are therefore at the top of the Hierarchyof Consideration (see POLICY GT 4). The followingpolicy is therefore intended to improve road safetyand the pedestrian environment particularly withinthe town centres, in order to increase theattractiveness of walking as an alternative mode oftransport. The West Yorkshire 'Walking Strategy'(contained within the Local Transport Plan, 2000)provides the framework for developing walking as an


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alternative mode of transport throughout the countyand sets targets for increasing the amount of walkingthat is undertaken. The Council supports thesetargets, not just as a transport issue but, inpartnership with the health service agencies and thePolice, because there is also considerable overlapwith other issues concerning health and crime anddisorder. Accordingly: -

Policy BE 6

The Provision of Safe PedestrianEnvironments

All new developments should provide a safeand attractive environment at all times forpedestrians accessing or traversing the site.In particular, routes should be reasonablydirect, well lit, overlooked, have acceptablesurfacing, be attractively landscaped, andprovide an environment where opportunitiesfor crime are minimised.

CCTV and Area Lighting Schemes

8.23 The criteria set out in Policy BE 4 seek toreduce the opportunity to commit crime at the levelof the individual building or development. Policies toachieve the reduction in crime also need to be appliedat the area level. The provision of comprehensivelighting schemes and schemes for closed-circuittelevision surveillance (CCTV) in high risk areas havebeen shown to be successful in helping to combatcrime. However, it is important to ensure that thephysical street furniture in such schemes does notharm amenity (for instance of people in their homes),the environment, or buildings and areas ofarchitectural and conservation importance. Arealighting schemes will also be assessed against PolicyEP 5. Accordingly:-

Policy BE 7

CCTV and Area Lighting Schemes

Where appropriate, schemes for area lightingand closed-circuit television surveillance(CCTV) will be provided in a manner which:-

i. does not significantly harm amenity;

ii. does not have a detrimental impact onthe environment; and

iii. preserves or enhances ConservationAreas and does not adversely affectListed Buildings, Historic Parks andGardens or their settings, where theseare material considerations.

Access and the Provision of PublicConveniences and Baby ChangingFacilities in New Development

8.24 The Council is committed to ensuring equalopportunities for all including securing a moreaccessible environment for everyone including peoplewith disabilities. In addition the Council seeks toensure that facilities for use by the general public andthose with mobility difficulties or special needs,including toilets, baby changing facilities and otherdesign features including ramps and dropped kerbsare provided in publicly accessible buildings andareas. The Disability Discrimination Act, (1995)requires those providing goods, facilities, or servicesto the public to provide access and facilities for peoplewith disabilities of the same standard as thoseprovided for able bodied persons.

8.25 Many issues concerning access are coveredby Building Regulations legislation, notably theconstruction of new buildings, and the Plan does notseek to duplicate these provisions. However, it isimportant that developers, in formulating developmentproposals for buildings where a service is beingprovided e.g. shops, community and health facilities,places of entertainment, places of work, shouldconsider the needs of disabled people and those withspecial needs at an early stage in the design process.This is particularly important for proposals for thechange of use or extension of existing buildings whereBuilding Regulations may not adequately take accountof access issues. The Council will also encourageappropriate access and provision for people withdisabilities within existing buildings, in areas ofinformal open space and recreational areas, on publicrights of way and in the open countryside.Accordingly:-

Policy BE 8

Access for All

Development proposals within buildings orsites that provide goods, facilities or services


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to the public should incorporate designfeatures that facilitate easy access for allincluding those with disabilities.

Policy BE 9

The Provision of Public Conveniences andBaby Facilities

Publicly available toilet and baby changingfacilities should be provided in alldevelopments to which large numbers of thepublic have access. In particular any retail,leisure or health development with over1,500sq.m gross floorspace, should providepublicly available facilities.

Art in Public Places

8.26 The creation and display of works of art inpublic places, as a means of improving theenvironment and making Calderdale an interestingand stimulating place for the local community andvisitors, is supported in general.

Policy BE 10

Art in Public Places

The creation and display of works of art inpublic areas, including appropriate locationswithin the street scene, will be supported,provided the work of art is of high designquality, appropriate or complementary to itslocation and does not create unacceptableenvironmental, amenity, traffic or otherproblems.

Telecommunications Development

8.27 Telecommunication systems have developedrapidly in recent years and are likely to continue todo so throughout the plan period as newdevelopments in communications technology areintroduced. Telecommunications have become anessential element in modern communication systemsand the Council will endeavour to facilitate its growth.This must be balanced against a need to protectimportant and sensitive environments, as well asresidential amenity and other features ofacknowledged importance. Government advice is

contained in PPG 8 ‘Telecommunications’ (2001) andthe 'Code of Best Practice on Mobile Phone NetworkDevelopment' (ODPM 2002).

8.28 Telecommunications development includesall forms of communications by electrical or opticalwire and cable and radio signals and encompassesvarious components including antennae, satellitedishes, aerials, transmitters, masts, base stations,cable installations and associated equipment cabins.By their very nature such modern telecommunicationsequipment will often appear conspicuous or obtrusivein the urban and rural landscape and can have aserious effect on the appearance of buildings and thestreet scene.

8.29 Advice on minimising the impact oftelecommunications installations can be gained fromthe Code of Best Practice such as sharing ofinstallations (such as masts) and sites, investigatingmore appropriate alternative sites, and disguising orscreening infrastructure. Proposals fortelecommunications development will have to showthat these have been fully explored and that sitingand design (including materials and colour) have beencarefully considered along with appropriate measures,including landscaping and screening, to avoid adverseimpact. These requirements will help to ensure thatthe visual and amenity impacts of thetelecommunications development will be minimised.

8.30 The Council will oppose telecommunicationinstallations that would be unduly visually obtrusivein either the street scene or the landscape and woulddetract from amenity (including that of local residents),unless it can be demonstrated that there is anoverriding need and technical constraints prevent amore favourable proposal being chosen. Industrialand commercial areas are often locations within whichtelecommunications installations are most suitable.

8.31 Telecommunication installations will presentparticular problems when proposed in environmentallysensitive areas and within historic environments.These include: Scheduled Ancient Monuments; theSpecial Area of Conservation; the Special ProtectionArea and In-bye land around it; Sites of SpecialScientific Interest; Special Landscape Areas; Sitesof Ecological or Geological Interest; Priority Habitatsand Species identified in the Calderdale BiodiversityAction Plan; and the Green Belt as shown on theProposals Map. In such areas, the Council will applymore stringent control over the siting and design oftelecommunications installations, refusing proposalslikely to demonstrably harm interests of acknowledgedimportance unless there are overriding circumstances


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that justify approval.Telecommunications installationswill also need to be carefully considered to ensurethe protection of the historic environment.Telecommunications installations on Listed Buildingscan be obtrusive and affect their character asbuildings of architectural or historic interest. Siting onor within the curtilage of a Listed Building will only beacceptable where great care is taken to minimise theinherently adverse effect of the apparatus on theListed Building and its setting. Similarly, telecommunications development should notunacceptably harm the character, appearance, settingor features of Historic Parks and Gardens and thecharacter and appearance of Conservation Areasshould be preserved or enhanced.Telecommunications equipment that wouldsignificantly affect the special interests and characterof environmentally sensitive areas or the historicenvironment should preferably be sited elsewhere.Where this would not be technically possible,proposals will need to show that no moreenvironmentally acceptable alternatives or sites existand that every attempt has been made to minimiseobtrusiveness by siting and design, includingdisguising or concealing the equipment.

8.32 During the course of the plan period sometelecommunications installations may becomeredundant, due to rationalisation of the industry oradvances in technology. When such cases arise theparticular installation (such as a mast) will be requiredto be removed and the site either landscaped orreturned to its previous condition.This will have beensecured either through a planning condition orplanning obligation.

8.33 Following public debate concerning thepossible adverse health impacts oftelecommunications development, in particular theeffect of electromagnetic fields, the Stewart Reportwas published in May 2000 which examined thehealth effects from the use of mobile phones, basestations and transmitters. In respect of base stationsthe report concluded, “the balance of evidenceindicates that there is no general risk to the health ofpeople living near to base stations on the basis thatexposures are expected to be small fractions of theguidelines”. However, gaps in current scientificknowledge led the group to recommend aprecautionary approach to the use of mobile phonetechnologies until more detailed and scientificallyrobust information becomes available. Guidelines onexposure to radio frequency (RF) radiation have beenpublished by the International Commission onNon-Ionizing Radiation Protection (ICNIRP, 1998).The ICNIRP guidelines for the public have been

incorporated in a European Council Recommendation(1999), which has been agreed in principle by allcountries in the European Union. The Governmenthas adopted the Stewart Report recommendation thatthe ICNIRP guidelines for public exposure be adoptedfor use in the UK. In line with the approachrecommended in the Stewart Report, all antenna andmobile phone base stations will have to meet theguidelines of the ICNIRP for limiting exposure toelectromagnetic fields. Health considerations andpublic concern can in principle be materialconsiderations in determining applications for planningpermission and prior approval. However, PPG 8states that “if a proposed mobile phone base stationmeets the ICNIRP guidelines for public exposure itshould not be necessary for a local planning authority,in processing an application for planning permissionor prior approval, to consider further the healthaspects and concerns about them”. Therefore, allapplications for antenna and base stations should beaccompanied by a declaration that the equipment andinstallation is designed to be in full compliance withappropriate radiation safety requirements of ICNIRPor any subsequent guidance that may be publishedin the future by this body, the National RadiologicalProtection Board or other research findings as maybe recommended by the Government. CalderdaleCouncil, in its capacity as landowner, adopted a policyin July 2001 that no telecommunication masts or otherinstallations should be placed on Council owned landwithin 100 metres of school buildings, or any otherbuildings, where children are present. This policy isreviewed annually and as such is subject to change.

8.34 The installation of a wide range oftelecommunications equipment benefits frompermitted development rights under the Town andCountry (General Permitted Development) Order,1995 (as amended 1999). These permitteddevelopment rights do not generally apply in specialareas such as Conservation Areas. Certain permitteddevelopment, including the erection of masts, isconditional upon the operator applying for theCouncil’s determination as to whether its priorapproval of the siting and appearance of thetelecommunications equipment is required. In suchcases, reliance will be placed on thetelecommunications system service provider toadhere to their statutory obligations.Telecommunications prior approval notifications andplanning applications will be considered and assessedagainst the following Policy:-


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Policy BE 11

Telecommunications

Proposals for telecommunicationsdevelopment will be considered havingregard to technical and operationalrequirements and will be permitted providedthat:-

i. the proposal would not have anunacceptable effect on the character orappearance of the surroundings orbuilding on which it is sited in terms ofscale, design, and siting;

ii. the proposal would not have anunacceptable effect on the amenity ofadjoining residential areas by reasonof siting or appearance;

iii. the proposal would not detrimentallyaffect the quality or special interest ofany environmentally sensitive areas,where relevant;

iv. the proposal preserves or enhancesConservation Areas and does notadversely affect Listed Buildings,Historic Parks and Gardens or theirsettings, where these are materialconsiderations;

v. the development proposal representsthe optimum solution for limitingpotential impact on the localenvironment. Applicants mustdemonstrate that the possibilities forsharing existing sites or facilities or, inthe case of masts, of erecting antennaeon an existing building, mast or otherstructure, have been explored;

vi. applications for antenna and basestations are accompanied by adeclaration that the equipment andinstallation is designed to be in fullcompliance with appropriate radiationsafety requirements of ICNIRP or anysubsequent government approvedguidance that may be published;

vii. applicants have provided technicaldetails of how the proposed equipmentfits into the wider network coverage,where relevant; and

viii. applicants have considered the need toinclude additional capacity to takeaccount of the growing demands for

the network development including thatof other operators, where relevant.

Advertisements

8.35 External signs and advertisements areimportant to commercial areas and can make acontribution to their character or appearance.However many advertisements affect the appearanceof the building, structure or place where they aredisplayed and need to be carefully controlled toensure that they do not harm amenity or endangerpublic safety. The Council will ensure that anadvertisement harmonises with its surroundings andis not obtrusive by virtue of its size, siting, design,colouring and visibility.

Control of Advertisement Regulations

8.36 The advertisement control system in Englandconsists of the Town and Country Planning (Controlof Advertisements) Regulations 1992 (as amended1994 and 1999), and encompasses nearly all outdooradvertisements. The Regulations divideadvertisements into 3 groups for control purposes:-

i. Advertisements that are excluded from the localplanning authority’s control provided certainconditions are fulfilled.

ii. Advertisements for which the regulations give‘deemed consent’ so that the local planningauthority’s consent is not needed, provided theyconform to the stated conditions and limitationsfor each category of advert.

iii. An advertisement for which the local planningauthority’s ‘express consent’ is always needed.

8.37 PPG19 ‘Outdoor Advertisement Control’(1992) provides further advice on the application ofthe regulations and the DETR publication ‘OutdoorAdvertisements and Signs: A Guide for Advertisers’(2002) gives additional guidance.

The Consideration of Advertisements RequiringConsent

8.38 In assessing all advertisements that require‘express consent’, the Council may only consider twoissues, described in the regulations as the interestsof amenity and public safety. However, the policiesin the UDP may be taken into account as materialfactors in the determination of any matter ofadvertisement control.


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8.39 In assessing an advertisement’s impact on‘amenity’, regard will be had to its effect on theappearance of the building and on the visual amenityand character of the locality. The appearance of abuilding can easily be spoiled by a poorly designedor insensitively placed sign or advertisement, or by achoice of materials, colour, proportion or illuminationthat are alien to the building’s design or fabric. Inaddition, proposed signs, together with existing oneson the property, should not give rise to visual clutterwhich can seriously detract from the street scene andvisual amenity. It is therefore important for visualamenity that advertisements are well related to thedesign and appearance of the building and thecharacter of the surrounding area.

8.40 Advertisements need to be carefully designedand located so as not to lead to problems of publicsafety. Careful consideration needs to be given to theeffects of advertisements upon the safe use andoperation of any form of traffic and transport (includingthe safety of pedestrians). In particular, regard shouldbe had to whether the advertisement; is likely toobstruct or distract attention; could be confused withtraffic signs; would obstruct or impair sight-lines;would effectively leave insufficient clearance aboveany part of a highway; and where illuminated, themeans of illumination is directly visible from any partof the road thus causing dazzle, glare or distractionto road users.

Appropriate Locations for Advertisements

8.41 It is important to strike the right balancebetween the need to promote commerce and the needto protect the character and appearance of thesurrounding environment. Within commercial areas,or in conjunction with business premises, it isreasonable to allow a degree of advertising wherethis is related to the scale of the surrounding buildingsand does not detract from the building to which theyare attached.Within predominantly residential areas,general advertising is an unnecessary andunreasonable encroachment on the amenity ofresidents. Only signs needed to identify businesspremises within predominantly residential areas willbe appropriate.

The Illumination of Advertisements

8.42 The illumination of advertisements on buildingscan contribute to the night-time environment andstreet scene. They need to be well designed andlocated if they are not to lead to problems for localamenity and highway safety. The method and levelof illumination of an advertisement should not harm

the amenities of the area and of local occupiers ofproperty or endanger public safety. In general, if theprinciple of illumination is considered acceptable forany particular proposal, the use of externalfloodlighting or the individual lighting of letters, ratherthan full internal illumination of the whole sign will bepreferred. Further guidance on external lighting canbe found in paragraphs 12.10 - 12.13 and in PolicyEP 5.

Advertisements within Sensitive Areas

8.43 Special attention should be given toadvertisements in areas of particular environmentalor historic sensitivity, so that they do not detract fromthe integrity of the building’s design, historicalcharacter or structure, and do not spoil or compromiseits setting. This will include locations on, within, oradjacent to Listed Buildings and Scheduled AncientMonuments, Conservation Areas, historic parks andgardens, public open spaces and other green areas,and within rural areas. Advertisements withinConservation Areas need to pay special attention topreserving or enhancing its character or appearance.In rural areas it is important to protect againstinappropriate advertisements in order to preserve thespecial interests and character of such areas.Therefore, proposals for advertisement consent willbe considered against the criteria set out below:-

Policy BE 12

Advertisements

Consent will only be given for the display ofan advertisement that does not harm amenityand public safety.This will be achieved byensuring that an advertisement reflects andrespects the scale, symmetry, architecturalcharacter, detailing and any other specialinterest of the building and/or itssurroundings and does not affect the safeuse and operation of any form of traffic andtransport by reason of its:-

i. siting;ii. design;iii. scale;iv. size;v. proportion;vi. colour;vii. use of materials;viii. number; andix. type and level of illumination.


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Advertisement Hoardings

8.44 Large-scale advertisement hoardings (alsoreferred to as poster-panels) can have a significantimpact on the surroundings and are not appropriatein areas where they would be clearly out of scale, orwhere they would be directly overlooked by dwellings.Hoardings can also impact upon public safety andthe safe use and operation of traffic and transport. Inthe interest of amenity, advertisement hoardings willnot normally be acceptable in or adjacent topredominantly residential areas or in the opencountryside. Within commercial and industrial areasthey will only be allowed if they are:-

in scale with adjacent buildings andsurroundings;screen unsightly land or buildings;are not overwhelming upon pedestrians in thearea;respect the symmetry and architectural featuresof their location, and;maintain and, where necessary, enhance thecharacter and appearance of the localenvironment.

8.45 Where an advertisement hoarding wouldscreen an unsightly or derelict site the Council maygive a temporary consent and condition the consentrequiring that the advert is removed at the end of aspecified period so as not to prejudice the site’sredevelopment.

Policy BE 13

Advertisement Hoardings

Applications for advertisement hoardingswill be granted consent in primarily industrialand commercial areas, provided that thehoarding:-

i. is of an appropriate scale in relation toany adjacent building(s);

ii. does not have an adverse impact on thevisual amenity of the area bydominating the street scene, orblocking important or attractive views;

iii. does not affect the amenity of anyresidential dwellings which overlookthe site; and

iv. does not have an adverse effect onpublic safety.

Advertisement hoardings are not consideredto be appropriate in environmentallysensitive areas (as defined in Para 8.43 ), theopen countryside or in predominantlyresidential locations and will be assessedagainst the above criteria. Advertisementhoardings proposed in non-industrial ornon-commercial urban areas will beassessed against the above criteria.

Discontinuance Action

8.46 The Town and Country Planning (Control ofAdvertisements) Regulations (1992) enable theCouncil to take discontinuance action to stop anyadvertisement, or the use of any advertisement site,which normally has the benefit of any of thecategories of deemed consent, or express consentafter a period of five years of granting consent. Thediscretionary power to serve a ‘discontinuance notice’may only be used where the Council consider that anadvertisement, or the use of an advertisement site,is causing substantial injury to amenity or endangeringpublic safety.

8.47 The Council may use these powers whererequired and will take steps to secure the removal ofadvertisements, and in particular hoardings, whichcause serious detriment to visual amenity or constitutea danger to public safety. The Council will assesseach advertisement on its merits, but commonsituations where a discontinuance notice may beserved are for inappropriate advertisements andhoardings located in residential areas, ConservationAreas, the open countryside, or along main roadcorridors and major approach routes to towns.

The Historic Built Environment

8.48 Calderdale has a unique architectural heritageof high quality. To further the sustainability objectivesof the UDP, the Council will seek to protect andenhance the rich variety of architectural and historicfeatures of the District for the benefit of futuregenerations. Alterations to existing buildings and newdevelopment should therefore be designed to createa built environment that complements the area'sunique identity and contributes to its special character.

8.49 PPG15 ‘Planning and the HistoricEnvironment’ (1994) and Circular (DETR/CMS)01/2001 'Arrangements for Handling HeritageApplications' provide advice on the identification andprotection of historic buildings, Conservation Areas


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and other elements of the historic environment. Inaccordance with this advice, this section of the UDPaims to:-

i. continue to protect historic buildings fromdemolition and neglect and ensure their repairand restoration;

ii. prevent development that would have anunacceptable effect on historic buildings,Conservation Areas and their settings;

iii. protect existing Conservation Areas and reviewtheir boundaries, designate further ConservationAreas and encourage the enhancement ofexisting and future Conservation Areas;

iv. encourage suitable new uses for those historicbuildings which can no longer continue in theiroriginal use; and

v. increase public awareness of the importance ofhistoric buildings and Conservation Areas andencourage good conservation practice.

Listed Buildings

8.50 There are over 4,000 buildings of specialarchitectural or historic interest in Calderdale, whichhave been listed by the relevant Secretaries of State,which at present is the Secretary of State for Culture,Media and Sport. This figure is likely to rise duringthe life of the Plan as further buildings worthy ofprotection are added to the list. Property owners,together with the Council, have an important part toplay in looking after them, securing their future andensuring that inappropriate development does nottake place that might harm the character orappearance of the structures themselves and theirsettings. Undoubtedly, the best use for an historicbuilding is its original use, but this may not be possibleor appropriate in some circumstances. PPG15 laysdown the principal considerations for applicationsinvolving the use, repair, alteration or demolition oflisted buildings.

8.51 Where a building is ‘listed’, this usuallyincludes all fixtures and fittings and structures withinits curtilage, along with boundary walls.The listing ofbuildings of historic or architectural interest does notmean that the building will have to be kept in acompletely unaltered condition. Sympatheticalterations may be acceptable to enable adaptationto modern requirements or appropriate restoration oforiginal features to take place. In these instances,care is required to avoid damage, to ensure theretention of specific features of importance and tomake the correct use of materials and traditionalmethods of construction. If the original plan form isintact, then it should be preserved where it contributes

to the special character and appearance of thebuilding. Similarly, internal features, which contributeto the character of the building, should be preserved,repaired or if missing, replaced. Accordingly:-

Policy BE 14

Alteration and Extension of Listed Buildings

Proposals involving any alteration orextension of a Listed Building will only bepermitted where:-

i. it does not have an adverse effect onthe architectural and historic characteror appearance of the building or itssetting; and

ii. it respects the individual details of thebuilding including the form, design,scale, methods of construction andmaterials, as well as internal featureswhich contribute to the character of thelisted building.

Where development is acceptable, conditionsand/or planning obligations may be attachedseeking the appropriate recording of thecharacter of the building before workscommence.

8.52 The setting of a Listed Building can be anessential part of its character and appearance andwill be protected where development is likely to havean adverse effect. Whilst development may be somedistance away from the Listed Building itself, it couldaffect views that form an intrinsic part of itsappearance and character and impact on thesurroundings that contribute to its interest. Inappropriate circumstances, where a proposal is likelyto affect the setting of a Listed Building, applicantswill be required to provide a full assessment of theimpact of their proposals upon the Listed Building.Therefore:-

Policy BE 15

Setting of a Listed Building

Development will not be permitted, wherethrough its siting, scale, design or nature, itwould harm the setting of a Listed Building.


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8.53 The conservation of buildings of historic orarchitectural interest can generally be brought aboutby the co-operation of owners, developers and thelocal authority. It is a criminal offence to carry outworks to a Listed Building without the necessaryconsent and the Council has powers to initiate legalaction to ensure that Listed Buildings are notdemolished or altered without that consent, or ifnecessary, are reinstated if unauthorised works arecarried out. These may be used against those whoundertake works affecting a Listed Building withoutconsent or fail to comply with conditions attached toan approval for works to a Listed Building.

8.54 Where it is accepted that the continuation ofthe original use of a Listed Building is not practical orviable, it may be possible to find an alternative useto secure the future of the building and assist in theregeneration of the area. Many buildings are capableof a new use, and when considering whether it isappropriate, particular attention will be paid as towhether the new use would preserve the architecturalor historic features of the building. For instance, theupper floors of buildings, particularly in town centres,can provide an important source of additional housingsupply. It will also be expected that changes toalternative uses should keep internal and externalalterations to a minimum.

8.55 The full implications of an application foralteration, extension or change of use of a ListedBuilding can only be assessed with full details.Applications for works to a Listed Building must beaccompanied by fully detailed drawings of the existingbuildings and all proposed alterations. Developersare encouraged to enter into early negotiations withthe Council to ensure that any development proposalis in keeping with the Listed Building and its setting.Where necessary, applicants may be required, byplanning condition or obligation, to prepare and submitan appropriate record of the building prior todevelopment. This will be placed on public depositwith the West Yorkshire Archaeology AdvisoryService. As a result, the following Policy will apply:-

Policy BE 16

Change of Use of a Listed Building

Change of use of part, or the whole of aListed Building will be permitted where allthe following criteria apply:-

i. the original use of the building is nolonger practicable or appropriate; and

ii. the new use preserves the architecturalor historic character, features orsetting.

Where development is acceptable, conditionsand/or planning obligations may be attachedseeking appropriate recording of thecharacter of the building before workscommence.

8.56 Preservation of Calderdale’s historic fabric isthe primary aim of the Council’s Listed Buildingcontrols. Demolition of a Listed Building is thereforeconsidered to be a measure of last resort. Whereapplications for consent to demolish a Listed Buildingare being considered, the Council will require a verystrong case to be made by the applicant that everypossible effort has been made to retain the presentuse or find a suitable alternative use without the needfor demolition. Consent for demolition should not begiven simply because redevelopment is economicallymore attractive to the developer. In accordance withPPG15, paragraph 3.19, if demolition of a ListedBuilding is considered to be the only option the ownerwill have to prove:-

i. that the building is beyond repair andmaintenance when weighed against the valueof the building’s importance and continued use;

ii. that efforts to secure an alternative use havefailed. This should include offering theunrestricted freehold on the market at areasonable price; and

iii. that redevelopment would result in a substantialcommunity benefit which outweighs the loss ofthe building.

8.57 Where the demolition of a Listed Building ispermitted, conditions or legal requirements may beimposed, requiring the recording of the building anddetails of the construction of a replacement building.To make sure that sites do not remain undevelopedfor long periods of time, conditions may also beimposed on planning permissions to ensure thatredevelopment occurs within specified time limits.This may require that demolition does not take placeuntil the applicant has entered into a contract with ademolition company with which they have no legalinterest, for the carrying out of work and the planningpermission for these works has been granted.Therefore:-


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Policy BE 17

Demolition of a Listed Building

There is a presumption in favour of thepreservation of Listed Buildings.Total orsubstantial demolition of a Listed Buildingwill only be permitted where all the followingcriteria can be demonstrated to the Council’ssatisfaction or in any other exceptionalcircumstances:-

i. it is not possible to continue to use thebuilding for its existing or a previoususe;

ii. no other reasonable beneficial use canbe found for the building;

iii. demolition will not cause harm to thesetting of any other listed building orthe character or appearance of aConservation Area; and

iv. demolition and subsequentredevelopment will result in acommunity benefit.

Where demolition is permitted andredevelopment considered necessary by theCouncil, redevelopment should beundertaken within an agreed timescale,secured by condition and/or planningobligation. Wherever appropriate, it will beconditional upon a programme of recordingbeing agreed and implemented prior todemolition.

8.58 It is important that all buildings of architecturalor historic interest are protected from the effects ofneglect as well as demolition. Modest expenditure onrepairs and maintenance can prevent much moreextensive repairs at a later date, which may damagethe character or appearance of the building and/orresult in the loss of the building. However, if its ownersneglect a building, the Council will consider using itspowers to take the necessary action to secure itsrepair. The Council will also endeavour to maintain aRegister of Listed Buildings at Risk.

Conservation Areas

8.59 While individual historic buildings contributeto the character of many settlements in Calderdale,lesser buildings and structures, open spaces, treesand landscape can all combine to give an area specialcharacter. Designation of Conservation Areas by the

Council is an important means of retaining andenhancing the character of areas of specialarchitectural or historical interest. Conservation Areasare defined in the Planning (Listed Buildings andConservation Areas) Act (1990) as, “areas of specialarchitectural or historic interest, the character orappearance of which it is desirable to preserve orenhance”. Conservation Area status is valuable inthat it allows the Council to apply stricter control overdesign and siting of new buildings and small scalechanges and additions. Additionally, it gives controlover demolition of structures and the cutting down orlopping of trees.

8.60 The Council has designated 19 ConservationAreas throughout the District where priority will begiven to preservation or enhancement. These arelisted below and are shown on the Proposals Map.

Table 8.1 Conservation Areas within Calderdale

Akroydon, HalifaxCopley, HalifaxEllandHalifax Town CentreHebden BridgeHeptonstallHuddersfield Road East, HalifaxLuddendenLumbutts and MankinholesMill Bank and CottonstonesMytholmroydPeople's Park, HalifaxRipponden,Savile Park, HalifaxSkircoat Green, HalifaxSowerby BridgeStainlandTodmordenWarley

8.61 The Council will investigate the designationof new Conservation Areas and review theperformance of existing areas. An appraisal statementwill be produced when investigating or reviewing anarea, setting out the criteria used to determine itsspecial character.The criteria will follow the guidanceset out in Conservation Area Appraisals (1997)produced by English Heritage. Public consultationwill be undertaken when assessing such areas.

8.62 Development proposals must be assessed asto how they preserve or enhance the character orappearance of a Conservation Area. Development


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proposals outside a Conservation Area can also affectits setting and impact substantially on its characteror appearance and will therefore, need to beconsidered carefully. Any new development shouldrespect the scale, layout and materials of the existingarchitecture as well as open spaces, trees and viewswhich can be as important as the buildingsthemselves. It is important that buildings of characterand quality, in their own right or which are oftownscape value, are retained in Conservation Areas.The alteration, extension or change of use of ListedBuildings is covered in Policy BE 14, Policy BE 15and Policy BE 16. Alteration or change of use ofunlisted buildings can also assist in securing thefuture of buildings and revitalise a Conservation Area.

8.63 The character of a Conservation Area is notdetermined solely by buildings. For instance,boundary walls, paving materials and street furniturecan all contribute to the preservation or enhancementof its character or appearance, as canadvertisements. In all cases, natural materials andthe use of traditional construction techniques will bepreferred. Where traditional materials exist, theseshould be retained and reused. When they do notexist, opportunity should be taken to introduce themwhen roads and footpaths are resurfaced and newboundary walls are constructed. Detailed control overthese aspects is dealt with in Policy BE 3, Policy BE12 and Policy NE 23.

8.64 Trees can also make an important contributionto the character of Conservation Areas and areprotected from removal or surgery by existinglegislation.The Council will normally resist proposalsfor the removal or inappropriate cutting back of treesof amenity value and has given further recognition oftheir importance by making areas or individualspecimens the subject of Tree Preservation Orders.Such orders will be extended to other trees where itis considered necessary.

8.65 Open spaces add considerably to thecharacter or appearance of an area and it is thereforeimportant to protect these wherever possible andappropriate, in accordance with Policy OS 1. Inaddition any proposal relating to open space withina Conservation Area will be considered against thecriteria set out in the Policy below:-

Policy BE 18

Development within Conservation Areas

The character or appearance of ConservationAreas, defined on the Proposals Map, will bepreserved or enhanced. New developmentand proposals involving the alteration orextension of a building in or within thesetting of a Conservation Area will only bepermitted if all the following criteria are met:-

i. the form, design, scale, methods ofconstruction and materials respect thecharacteristics of the buildings in thearea, the townscape and landscapesetting;

ii. the siting of proposals respects existingopen spaces, nature conservation, treesand townscape/roofscape features;

iii. it does not result in the loss of any openspace which makes an importantcontribution to the character of theConservation Area or features ofhistoric value such as boundary wallsand street furniture; and

iv. important views within, into and out ofthe area are preserved or enhanced.

8.66 To ensure that development proposals are inkeeping with the character of a Conservation Area,all planning applications that affect the characterand/or appearance of a building or space in aConservation Area must be for full planningpermission. In considering applications withinConservation Areas, the Council will have regard tothe advice contained in PPG15.

8.67 Developers are encouraged to enter into earlynegotiations with the Council to ensure that anydevelopment proposals within or which would affectthe setting of a Conservation Area are acceptable.Detailed matters may be controlled through conditionsattached to planning permissions.

8.68 Demolition of a building in a ConservationArea will only be allowed in exceptionalcircumstances. Advice on the demolition of ListedBuildings is covered in paragraphs 8.56 and 8.57 andPolicy BE 17 applies. In considering applications forunlisted buildings, applicants will be asked to providean assessment of the contribution the existing buildingmakes to the character and appearance of the area,the condition of the building and whether viable


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alternative uses can be found. Buildings should beretained where they make a positive contribution tothe area. There may be circumstances where theremoval or replacement of a building would enhancethe appearance or character of a Conservation Areaand bring about substantial community benefits. Allproposals for demolition and redevelopment will needto include full and detailed plans outlining what isproposed for the site after demolition.

Policy BE 19

Demolition within a Conservation Area

Development involving the demolition of anunlisted building within a Conservation Areawill only be permitted if: -

i. the structure makes no materialcontribution to the character orappearance of the area;

ii. no other reasonable beneficial uses canbe found for a building; and

iii. detailed proposals for the reuse of thesite have been approved, whereappropriate.

Where demolition is permitted,redevelopment should be undertaken withinan agreed timescale, secured by conditionon a planning approval. Whereverappropriate, it will be conditional upon aprogramme of recording being agreed andimplemented prior to demolition.

8.69 The Council may seek the withdrawal ofpermitted development rights for certain forms ofdevelopment in Conservation Areas or parts ofConservation Areas where these would detract fromthe character of an area or where it would assist apositive policy for preserving or enhancing thecharacter or appearance of a Conservation Area.Permitted Development rights will also be removedto protect investment made in Conservation Areasusing public funds. This will be carried out throughthe use of Article 4 Directions of the Town andCountry Planning (General Permitted Development)Order (1995) (as amended) where specific permitteddevelopments are likely to threaten the ConservationArea’s character or appearance.

8.70 Government advice indicates that, "localauthorities should adopt a positive scheme for eacharea at an early stage". Therefore, the Council will,

as resources permit, carry out schemes ofenhancement in Conservation Areas both in its ownright and in partnership with appropriate conservationand funding agencies.

Historic Parks and Gardens

8.71 Registered Historic Parks and Gardens areof national importance. English Heritage isresponsible for compiling a Register of Parks andGardens of Special Historic Interest in England andclassifying them according to the degree ofimportance of their historic interest. It includes parks,cemeteries, the grounds of large houses and otherformal open spaces. At present, there are sixregistered gardens in Calderdale. These are listed inTable 8.2 below and are shown on the ProposalsMap:-

Table 8.2 Registered Parks and Gardens of SpecialHistoric Interest in Calderdale

Shibden Hall, HalifaxShroggs Park, HalifaxThe People’s Park, HalifaxWest View Park, HalifaxLister Lane Cemetery, HalifaxStoney Royd Cemetery, Halifax

English Heritage is currently reviewing the registerand the number of protected sites in Calderdale mayincrease.

8.72 Registered historic parks and gardens do nothave the same statutory protection as ListedBuildings, but are nevertheless of much historicinterest and amenity value and are worthy ofpreservation. The setting of such sites is also oftenan essential part of their character and appearanceand will be protected where development is likely tohave an adverse impact. The following Policy isapplicable to development proposals that would havean impact upon Registered Historic Parks andGardens. Proposals will also need to comply withother UDP policies including the provisions of PolicyOS 1 where appropriate.


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Policy BE 20

Protection of Registered Historic Parks andGardens

The Council will pay special regard to theprotection of sites included in the EnglishHeritage Register of Historic Parks andGardens of Special Historic Interest.Development proposals that would harmtheir character, appearance, setting or theenjoyment of any part of the grounds will notbe permitted. Proposals that appropriatelyrestore or enhance Registered Historic Parksand Gardens will be supported.

Locally Designated Historic Parks andGardens

8.73 Registered Historic Parks and Gardens areof national importance, but the District also has anumber of other unregistered gardens, parks,cemeteries and other local spaces that contribute tothe regional or local environment and heritage.Thesehave been collectively referred to as ‘LocallyDesignated Historic Parks and Gardens’. Thefollowing parks and gardens are considered worthyof protection and are defined on the Proposals Map:-

Table 8.3 Locally Designated Historic Parks andGardens

Abbott's Ladies Homes, HalifaxAkroyd Park, BoothtownAlbert Promenade/Woodhouse Scar HalifaxAllan Park, Sowerby BridgeAll Souls Burial Ground, AkroydonBailiff Bridge Memorial Park, Bailiff BridgeBellevue and Sir Frances CrossleyAlmshouses, HalifaxBrighouse CemeteryCalder Holmes Park, Hebden BridgeCastle Carr, above Hebden BridgeCentre Vale Park, TodmordenClayhouse Park, GreetlandClifton War Memorial, BrighouseCrow Wood Park, Sowerby BridgeDobroyd Castle, TodmordenElland CemeteryErringden Grange Model FarmField House, SowerbyHeath Villas, Halifax

Holmes Park, Luddenden FootHullen Edge Park, EllandJoseph Crossley Almshouses, HalifaxKing George V Memorial Park, LightcliffeKirklees Hall/Park, BrighouseLuddenden CemeteryMytholmroyd Memorial GardenPark Wood Crematorium, EllandRastrick CemetryRydings Park, BrighouseSavile Park and Manor Heath, HalifaxShaw Garden, Holywell GreenShaw Park, Holywell GreenShelf Hall Park, ShelfSowerby Bridge CemeterySquare Park, AkroydonThe Stray, HipperholmeWellholme Park, Brighouse

8.74 The following Policy is applicable todevelopment proposals that would impact uponLocally Designated Historic Parks and Gardens.Where the Council considers that Locally DesignatedHistoric Parks and Gardens should be included onthe list of Registered Historic Parks and Gardens itwill be particularly vigorous in the protection of themfrom insensitive development.

Policy BE 21

Protection of Locally Designated HistoricParks and Gardens

Development proposals that would harm thecharacter, appearance, setting or theenjoyment of Locally Designated HistoricParks and Gardens will not be permittedunless it can clearly be demonstrated thatthere are reasons for the proposal thatoutweigh the need to safeguard the site.Proposals that appropriately restore orenhance Locally Designated Historic Parksand Gardens will be supported.

8.75 Funding has been secured for theenhancement and restoration completed of People’sPark and Square Park, Akroydon, from sources suchas the Heritage Lottery Fund. Further opportunitieswill also be taken, where possible, to secure fundingsources to enable the enhancement of other historicparks and gardens to take place.


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Areas and Sites of Archaeological Interest

8.76 There is a long history of human habitation inCalderdale and the remains of human activity,including the remains of past industrial development,in the area have an important contribution to maketowards its history. In many cases, these remains arevery fragile and vulnerable to damage anddestruction.They are not always visible at the surfaceand may include unlisted standing buildings, butnevertheless represent a finite and non-renewableresource that requires protection and recording.Government advice in PPG16 ‘Archaeology andPlanning’ (1990) requires that UDPs should includepolicies for the preservation, recording andenhancement of sites of archaeological interest andtheir settings.

8.77 The West Yorkshire Archaeology AdvisoryService (WYAAS) maintains a register of sites andareas of archaeological significance throughout WestYorkshire. This is called the Historic EnvironmentRecord (HER) and is the only up-to-date record ofsites and areas.These sites are subject to continuousreview and updating. Information presented in theplan therefore represents not only a snapshot in timebut is also likely to omit some important, but as yetunknown, sites. It is therefore vital that WYAAS isconsulted in situations where a site may be affected,as it holds full information on sites. Landownersshould also consult and liaise with WYAAS for adviceon the most suitable and appropriate measures toprotect sites within their control. The RoyalCommission on the Historical Monuments of England(RCHME) also holds a national database of England'sancient monuments and Listed Buildings. It operatesas an index of the more detailed information held atWest Yorkshire level on the Historic EnvironmentRecord.

8.78 There are three classes of site identified inthe HER:-

Class I Scheduled Ancient Monuments

These are of national significance. The sites areprotected by statute under the Ancient Monumentsand Archaeological Areas Act (1979). ScheduledMonument Consent is required from the Departmentfor Culture, Media and Sport for any works or changeof use, including repairs, irrespective of any need forplanning permission.

Class II Sites of Special Archaeological Value

These are of regional or potentially national (thoughunscheduled) significance. Whilst they merit a highdegree of protection, the degree of protection will bedependent on their archaeological significance, asdefined by WYAAS.

Class III Sites of Archaeological Value

These are potential sites where there is evidence orprobable evidence of the existence of archaeologicalremains of importance, not warranting a Class IIdesignation. Evaluation prior to a planning decisionmay be required in order to assess the potentialimpact of the proposed development on thearchaeological remains to allow a reasonable andinformed planning decision to be made.

8.79 The approximate location of Class I and ClassII archaeological sites is shown on the Proposals Map.This is based on the most up-to-date information atthe time of publication. Details of all sites, includingClass III archaeological sites, are available forinspection at the office of WYAAS.

8.80 Archaeological remains and monuments areirreplaceable and once disturbed, the precise recordof the past is lost for all time. The preferred option forimportant archaeological remains is preservation insitu. However, in the case of less important sites,development may be acceptable subject toappropriate archaeological recording. As a result, thefollowing Policies will apply:-

Policy BE 22

Archaeological Sites of National Significance

There is a presumption in favour of thephysical preservation in situ of Class Iarchaeological sites and Class II Sites ofunscheduled national importance and theirsettings. Development that would have anadverse effect upon these sites will not bepermitted.

Policy BE 23

Archaeological Sites of Regional Importance

Class II Sites of regional importance will bepreserved where possible. When


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development affecting such sites isacceptable in principle, mitigation of damagewill be sought through preservation of theremains in situ as a preferred solution.Whenin situ preservation is not justified, thedeveloper will be required to make adequateprovision for recording before or duringdevelopment. Appropriate protective andmitigation measures will be secured byplanning condition and/or legal agreement.

8.81 Class III sites include urban locations that aresubject to considerable development pressure. Theprevention of development on these sites mightconflict with the revitalisation of such areas and thepresumption in favour of developing previouslydeveloped land. Therefore, where the benefits ofdevelopment would outweigh the value ofarchaeological remains, it is considered unreasonableto require the preservation of these sites.Accordingly:-

Policy BE 24

Protection of Sites of Archaeological Value

Class III archaeological sites will bepreserved where possible. Wheredevelopment is acceptable, conditions maybe attached to ensure the remains areproperly recorded and evaluated and wherepracticable, preserved.

8.82 WYAAS should be consulted at an early stageto establish whether archaeological remains are likelyto exist on site and the implications for a developmentproposal. Advice can be given on the best means topreserve and enhance remains that have previouslybeen identified, as well as remains discovered duringdevelopment. However, the preservation ofarchaeological sites in-situ will nearly always bepreferred to preservation by record.

8.83 Some sites may not be currently regarded asbeing worthy of protection because there isincomplete or insufficient evidence available or theymay be discovered as part of a site developmentfeasibility study. It is necessary to take account ofsuch circumstances. Whatever the degree ofarchaeological importance a site possesses, it maybe necessary to carry out an evaluation as part of aplanning application submission. This will enable theCouncil to make a reasonable and informed decision

on a development proposal and attach appropriateplanning conditions requiring the recording of theremains and their removal or preservation, where thisis justified. Without this, an application is unlikely tobe approved. Therefore:-

Policy BE 25

Archaeological Assessment

Where development proposals affect sitesof known or possible archaeological interest,an archaeological assessment or, ifnecessary, a field evaluation may need to besubmitted as part of the application. Planningpermission will not be granted withoutadequate assessment of the nature, extentand significance of the remains present andthe degree to which the proposeddevelopment is likely to affect them.

8.84 The decision as to whether an archaeologicalevaluation of a site is required, prior to thedetermination of a planning approval, will be takenon the advice of the District’s archaeological advisors,the WYAAS. The onus will be on the developer toensure that the required archaeological work is carriedout. An appropriate record may vary from nothingmore than a series of dated exterior photographs,through to a full drawn and photographic survey,depending on the historical interest of the site. Thereport will be placed on public deposit with WYAAS.The developer may employ any archaeologistsrecognised by the Council or WYAAS as beingqualified and competent to carry out the necessaryarchaeological work. Where planning permission isgranted, the following Policy will apply:-

Policy BE 26

Archaeological Recording

Where planning permission is granted todevelop a site where there are archaeologicalremains, conditions may be attached tosecure the recording of the archaeologicalremains and their removal or preservation,prior to development.

Where an archaeological record orpreservation in situ is required, anappropriate archaeological report should beproduced.


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9 Transport

Introduction

9.1 Transport policy is an essential element ofintegrated land use planning. It is supportive of, andcomplementary to land use strategies. Within theframework of the Unitary Development Plan therefore,transport policies and land use planning are used toensure that the whole range of benefits andimprovements on the quality of life can be achieved.The Council’s overall vision is therefore supported bythese policies and proposals.

Vision for Transport in Calderdale andAcross West Yorkshire

9.2 Calderdale Council has, jointly with the otherWest Yorkshire local authorities and the WestYorkshire Passenger Transport Authority, producedthe West Yorkshire Local Transport Plan (WYLTP)(July 2000 and July 2006). The WYLTP provides avision for transport within the whole West Yorkshirearea which is to provide a high quality local transportsystem that:-

i. is efficient, reliable, affordable and safe;ii. meets the travel needs of all the people and

businesses of West Yorkshire;iii. secures a high quality environment, with the

environmental impacts of traffic carefullymanaged in order to improve road safety andavoid compromising standards relating to noise,air quality and severance;

iv. provides access to a wide range of goods andservices without the need for private motorisedtransport; thus ensuring that car use is seen asa choice rather than a necessity; and

v. does not have unacceptable effects on the localor global environment.

NOTE:This Section of the Replacement UDP wasdrafted in the light of the provisions of the WestYorkshire Local Transport Plan (2000). TheCouncil is fully aware of the changes introducedby the West Yorkshire Local Transport Plan 2006,but it has not been possible to revise this sectionto take account of these changes.The Council andits partners are developing a Vision for Transportbuilding upon the WYLTP 2006, but this has notbeen taken into account in this Replacement UDP.

Targets For Transport

9.3 WYLTP (2000) includes targets for monitoringthe success of the Plan in achieving its objectives.Key targets are included within the UDP below forinformation. Most of these targets relate to WestYorkshire as a whole and have not been broken downinto specific targets for Calderdale. However, thetarget for traffic growth across the Halifax CentralMonitoring Cordon (see Glossary of Terms) isCalderdale specific. The targets recognise that theoverall long-term aim must be for a reduction in traffic.However, for the next few years it is important tostabilise traffic growth below the high levels that areforecast by the Department for Transport (DfT), whichconsiders that growth between 8.5% and 15.2% from1999 to 2006 is likely.

Targets for Road Traffic Reduction

Traffic growth not to exceed 5% (16 hour flowon all roads) between 1999 and 2006;Morning peak inbound traffic crossing theHalifax Centre Cordon not to grow by more than3% between 1998 and 2006;Total bus patronage to grow by 3% between1999 and 2006; andTotal rail patronage to grow by 40% between1999 and 2006.

Cycling Strategy Targets

Double the overall number of cycle trips by 2002and double again by 2012 from a base of 1996levels; andReduce fatal and serious cyclist casualties by40% from 1994/98 average by 2010, with noincrease in slight casualties.

Walking Strategy Targets

Halt the decline in journeys made by footgenerally and increase the proportion ofjourneys made on foot by young people between1998 and 2003; andReduce fatalities and serious injury topedestrians by 40% from 1994/98 average by2005 and by 50% by 2010, with no increase inslight casualties.

Target for Air Quality

Contibute to the achievement of emissiontargets by 2005 by meeting traffic reductiontargets.

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Targets for Road Safety

Reduce fatal and serious road casualties by40% by 2010 from the 1994/98 average;Reduce the number of children killed orseriously injured by 50% by 2010 from the1994/98 average; andReduce the rate of slight injury accidents per100 vehicle km by 10% by 2010.

9.4 The Replacement Calderdale UDP cancontribute to achieving the vision of the WYLTP andtargets by making sure that development is builtwhere it can give opportunities to use public transport,walking, cycling or other modes of transport, and byputting in place policies to encourage and supportsustainable development.

The Context for Transport Planning inCalderdale

9.5 The context for transport planning in Calderdaleis hierarchical in nature. The Government’s PlanningPolicy Guidance and Statements are at the apex ofthe pyramid. The region produces the RegionalTransport Strategy (RTS) as an integral part ofRegional Spatial Strategy for Yorkshire & the Humber(2004), which is now a part of the development planfor Calderdale, whilst the WYLTP (2000 and 2006)carries forward strategies and proposals for thecounty as a whole and within each partner District.The Replacement Calderdale UDP puts the policiesand proposals in these documents into effect at thelocal level where they relate to land use.

9.6 It is important that a balance is achieved whichtakes account of the need for social and economicprosperity and the need to protect the environmentand achieve sustainable development in all its forms.Significant development is neither desirable norpossible in many locations, nor is it feasible to provideall the road and parking space to meet the growingdemands of private car users. Whilst it is importantto acknowledge the importance of the private car formany journeys, it is also necessary to respond to theimpact of car traffic, help meet current and future roadtraffic growth reduction targets, and help to plan forpotential future traffic reduction as well as toencourage public transport, cycling and walking asattractive and viable alternative modes of transport.Whilst the scope for physical change in the transportnetwork is limited, it is important to ensure that therange of travel opportunities is maximised tocontribute to improving the quality of life for all.

9.7 In order to achieve this it is necessary to ensurethat development is located where it can contributeto sustainability. To contribute to this aim the Councilseeks to ensure that development is properly sited inaccessible locations and contributes to the principlesof sustainable development set out in the GuidingPrinciples and Key Themes section of the Plan.

9.8 In addition there is explicit support for: -

higher density development that can help in theprovision of good quality public transport;mixed-use developments where there arebenefits accruing from comprehensivedevelopment; andcombinations of land uses that could helpreduce the overall need to travel.

9.9 To support this, public transport, cycling andwalking can make a major contribution, whilstrestraints in travel by private cars and parking controlswhere appropriate are complementary to the aim ofachieving a balanced transport policy. Encouragementof cycling and walking can also contribute to theachievement of better general health within thepopulation by encouraging more exercise. To thisend, partnerships between the Council and the HealthService agencies have been forged.

Securing a Safe, Sustainable, EfficientTransport System

9.10 Transport policy seeks to relieve the pressureon the busier roads and town centres, in order tosecure environmental and road safety improvements,and help meet current and future road traffic reductiontargets. It cannot be seen in isolation, but works inconjunction with other land use strategies to ensureintegrated planning of housing, employment,shopping, and other facilities, the overall aim beingthe provision of a safe, efficient and integrated landuse/transportation strategy which satisfies the travelneeds of all. Traffic reduction and associated landuse changes will have beneficial social effects inincreasing access, social inclusion and quality of life,whilst fostering a regionalised local economy. Theseaims are put forward in the following Part One Policy:-

POLICY GT 1

PROVISION OF A SUSTAINABLE, SAFE ANDEFFICIENT TRANSPORT SYSTEM

IN ORDER TO ALLEVIATE PROBLEMS OFCONGESTION, POLLUTION,

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ENVIRONMENTAL INTRUSION,UNCONSTRAINED TRAFFIC GROWTH ANDTHOSE CAUSED BY UNSUSTAINABLEDEVELOPMENT,THE PROVISION OF ANEFFICIENT, SAFE, SUSTAINABLE ANDINTEGRATED TRANSPORT SYSTEM WILLBE SOUGHT WHICH, IN CONJUNCTION WITHLAND USE PLANNING POLICY:-

I. ENSURES EQUALITY OFACCESSIBILITY INCLUDING THAT OFTHE DISABLED AND MOBILITYIMPAIRED;

II. ENCOURAGES THE USE ANDPROVISION OF PUBLIC TRANSPORTAND MULTI-OCCUPANCY OFVEHICLES;

III. IMPROVES CONDITIONS FORCYCLING, WALKING AND NON-CARBORNE MOBILITY;

IV. REDUCES THE OVERALL NEED TOTRAVEL AND SUPPORTS THEREDUCTION OF TRAFFIC GROWTHWHILST ALSO ALLOWING FORNECESSARY NEW HIGHWAYS ANDTRAFFIC MANAGEMENT SCHEMES;AND

V. ASSISTS IN SECURING SUSTAINABLEDEVELOPMENT.

Priorities for Transport Investment

9.11 Transport investment is a major element ofCouncil expenditure, particularly with the developmentof the WYLTP joint bid for Government funding. TheCouncil will seek to ensure that its investmentdecisions are soundly based, have regard to needsand support the development of sustainablecommunities.

POLICY GT 2

PRIORITIES FOR TRANSPORT INVESTMENT

TO ENSURE THAT TRANSPORTINVESTMENT IS DIRECTED TOWARDSPROPOSALS THAT SUPPORT THEDEVELOPMENT OF SUSTAINABLECOMMUNITIES AND SATISFY SUSTAINABLETRAVEL NEEDS (INCLUDING THOSE OF THEDISADVANTAGED AND PEOPLE WITHPHYSICAL DISABILITIES), PARTICULAR

EMPHASIS WILL BE PLACED ONINVESTMENT THAT:-

I. IMPROVES CONDITIONS FORPEDESTRIANS, CYCLISTS ANDNON-CAR BORNE MOBILITY;

II. IMPROVES TRAFFIC AND TRAVELCONDITIONS, GIVING PRIORITY TOTHE NEEDS OF PUBLIC TRANSPORT,BUSINESS AND INDUSTRY IN BOTHURBAN AND RURAL AREAS;

III. IMPROVES ROAD SAFETY WITH ANEMPHASIS ON ACHIEVING THEMAXIMUM REDUCTION IN NUMBERAND SEVERITY OF ACCIDENTS;

IV. ASSISTS IN URBAN REGENERATIONOR RURAL DIVERSIFICATION;

V. ACHIEVES GOOD ACCESSIBILITY TOJOBS WITHIN AND OUTSIDECALDERDALE; AND

VI. IMPROVES POOR ENVIRONMENTALCONDITIONS RESULTING FROMTRAFFIC CONGESTION, NOISE,POLLUTION AND OTHER PROBLEMS.

INVESTMENT WILL NOT AUTOMATICALLYCATER FOR PEAK PRIVATE VEHICLEDEMANDS, NOR PROVIDE ADDITIONALROAD CAPACITY TO IMPROVE TRAFFICCONDITIONS EXCEPT WHERE IT MAY BENECESSARY IN ORDER TO SUPPORT THENEEDS OF SUSTAINABLE DEVELOPMENTWITHIN THE DISTRICT.

Strategic Road Network

9.12 The road network is an important part of thephysical makeup of the District. There is a hierarchyof roads, which can be used to support sustainabledevelopment principles by focussing developmentwithin certain corridors which have good publictransport links or which act as a focus for thecommunity. A number of roads have been categorisedaccording to their function in order to assist indetermining land use proposals and to give weight totransport investment decisions. The purpose of thishierarchy is the promotion of accessibility in supportof sustainable development objectives rather thanincreasing highway capacity. The hierarchy works inconjunction with POLICY GT 2 and POLICY GP 2 tohelp focus investment decisions, and assist in definingthe Transport Corridors, where development shouldbe focussed.

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POLICY GT 3

STRATEGIC ROAD NETWORK

TO ASSIST IN THE DETERMINATION OFLAND-USE PROPOSALS AND THEALLOCATION OF RESOURCES INACCORDANCE WITH POLICY GT2, ASTRATEGIC ROAD NETWORK HAS BEENDEFINED (SHOWN ON THE PROPOSALSMAP) WHICH DESIGNATES ROADSACCORDING TO THEIR FUNCTION ANDHELPS TO DEFINE THE TRANSPORTCORRIDORS WITHIN POLICY GP2 ASFOLLOWS:-

CATEGORY 1 – ROADS THAT CARRYINTER-REGIONAL TRAFFIC THROUGHCALDERDALE (THE M62, FOR WHICH THEHIGHWAYS AGENCY IS HIGHWAYAUTHORITY. FOR THE PURPOSES OFPOLICY GP2,THE M62 DOES NOT FORM ATRANSPORT CORRIDOR WHEREDEVELOPMENT SHOULD BE FOCUSSED).

CATEGORY 2 - ROADS WHICH LINK MAJORCENTRES WITHIN CALDERDALE ANDWHICH CONNECT THESE CENTRES TO THECATEGORY 1 NETWORK AND TO MAJORCENTRES WITHIN WEST YORKSHIRE ANDOTHER ADJACENT AREAS.

CATEGORY 3 - ROADS THAT LINKSECONDARY CENTRES WITHINCALDERDALE TO MAJOR CENTRES WITHINTHE DISTRICT AND IN ADJACENT AREASAND TO THE CATEGORY 1 AND 2NETWORKS.

Hierarchy of Consideration

9.13 In making land use and transport relateddecisions and in implementing transportationmeasures, it is important to ensure that proposals donot lead to problems for vulnerable road users. As aresult, regard will be had to the following Hierarchyof Consideration, which defines users of the highwaynetwork as follows:-

POLICY GT 4

HIERARCHY OF CONSIDERATION

TO ASSIST IN THE CONSIDERATION OFDEVELOPMENT PROPOSALS AND THEDESIGN OF SCHEMES FOR TRANSPORT AHIERARCHY OF CONSIDERATION HAS BEENDEFINED.THIS WILL ENSURE THAT THENEEDS AND SAFETY OF EACH GROUP OFROAD USERS ARE SEQUENTIALLYCONSIDERED AND THAT EACH USERGROUP IS GIVEN PROPER CONSIDERATIONSO THAT NEW SCHEMES WILL IDEALLYIMPROVE EXISTING CONDITIONS AND INANY EVENT WILL NOT MAKE CONDITIONSWORSE FOR THE MORE VULNERABLETRANSPORT USERS.THE HIERARCHY OFCONSIDERATION IS AS FOLLOWS:-

I. PEDESTRIANS, PEOPLE WITHDISABILITIES AND EMERGENCYSERVICES;

II. CYCLISTS AND HORSE RIDERS;III. PUBLIC TRANSPORT USERS;IV. TAXIS AND MOTORCYCLISTS;V. DELIVERIES TO LOCAL AREAS;VI. SHOPPERS TRAVELLING BY CAR;VII. OTHER FREIGHT MOVEMENTS;VIII. OTHER HIGH OCCUPANCY VEHICLES;

ANDIX. OTHER PRIVATE CARS.

THE ACTUAL PRIORITIES AND FACILITIESPROVIDED FOR EACH ROAD USER GROUPWILL VARY WITH INDIVIDUALCIRCUMSTANCES AND IT MAY NOTALWAYS BE POSSIBLE OR NECESSARY TOPROVIDE ADEQUATE FACILITIES FOR ALLROAD USERS. HOWEVER, WHEREVERPOSSIBLE FACILITIES SHOULD BEPROVIDED FOR PEDESTRIANS, PEOPLEWITH DISABILITIES, CYCLISTS AND BUSUSERS.

Transport Assessment of NewDevelopment

9.14 Transport Assessments (TAs) are requiredunder the terms of PPG13 wherever a developmenthas significant transport implications. The scale ofdevelopment for which a TA is necessary will be thelevels used for Travel Plans as set out in Table 9.1

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in Policy T 1. This will also generally be applied torequests for TAs. These will be expected to detail theeffects of the development on the transport networksand the works necessary to mitigate any problemsarising from the proposals. In order to achieveamelioration of transport effects there are a numberof other policy matters that should also be considered.Travel Plans (under Policy T 1) are required for alldevelopment over a certain size. These can help toreduce travel by car through a range of tools set outin paragraph 9.19. In addition, the new maximumparking allowances under Policy T 18 endeavour torestrict parking to ensure that excessive demandsare not placed upon the road network. The TAsrequired under POLICY GT 5 should take all thesematters into account.

POLICY GT 5

TRANSPORT ASSESSMENTS

WHERE A TRANSPORT ASSESSMENT (TA)IS REQUIRED TO BE SUBMITTEDALONGSIDE A PLANNING APPLICATION,THE TA WILL BE EXPECTED TO TAKEACCOUNT OF THE HIERARCHY OFCONSIDERATION (POLICY GT 4) AND SHOWHOW THE NEEDS OF PUBLIC TRANSPORT,PEDESTRIANS, CYCLISTS,THE DISABLEDAND WHEELCHAIR USERS, HAVE BEENTAKEN INTO ACCOUNT.THE MEASURESNEEDED TO MITIGATE ANY TRANSPORTPROBLEMS ARISING FROM THEDEVELOPMENT SHOULD BE SET OUT INTHE TA AND THE COUNCIL WILL SEEK TOENSURE THAT THESE ARE IMPLEMENTEDAS PART OF THE DEVELOPMENT THROUGHTHE USE OF PLANNING CONDITIONS ORPLANNING OBLIGATIONS.

Highway and Pedestrian ImprovementsAssociated with Development

9.15 New development can lead to major roadworks, which could include new access roads andpedestrian links leading into and through a site. Someof the larger sites shown on the UDP Proposals Mapwill probably require major investment to bring themforward. Other development schemes that may comeforward during the life of the Plan may also requirenew investment to facilitate highway and pedestrianaccess. It is important that these improvements tothe highway and pedestrian network are appropriate

to their task, take account of the principles ofsustainable development and assist in ensuring thatthe development itself is optimised (further policyadvice on pedestrian and highways access anddesign is given in Policy BE 5 and Policy BE 6).Transport Assessments may be required for somedevelopments and the outcome of these will impactupon the nature of highway and pedestrianimprovements judged to be necessary.

POLICY GT 6

HIGHWAY AND PEDESTRIANIMPROVEMENTS ASSOCIATED WITHDEVELOPMENT

WHERE HIGHWAY OR PEDESTRIANACCESS IMPROVEMENTS ARE REQUIREDTO FACILITATE THE DEVELOPMENT OFSITES IDENTIFIED WITHIN THE UDP,ENABLE OTHER LAND TO BE BROUGHTFORWARD FOR DEVELOPMENT ORIMPLEMENT THE FINDINGS OF ATRANSPORT ASSESSMENT,THE COUNCILWILL SEEK TO ASSIST DEVELOPERS TOACHIEVE SUCH IMPROVEMENTS ANDENSURE THAT DEVELOPMENT ANDASSOCIATED HIGHWAY OR PEDESTRIANACCESS IMPROVEMENTS ARE CARRIEDOUT IN A COMPREHENSIVE WAY, WHICH:-

I. OPTIMISE DEVELOPMENT INACCORDANCE WITH SUSTAINABLEDEVELOPMENT PRINCIPLES;

II. FACILITATE DIRECT, SAFE ANDATTRACTIVE PEDESTRIANMOVEMENTS;

III. SAFEGUARD THE PROPER PLANNINGOF THE DISTRICT;

IV. TAKE ACCOUNT OF THE HIERARCHYOF CONSIDERATION (POLICY GT 4);AND

V. OTHER RELEVANT UDP POLICIES.

Travel Plans

9.16 The development planning process gives anopportunity to seek to modify travel demands andhabits in the interest of achieving greatersustainability. This can be through a requirement forTravel Plans to be submitted either alongside planningapplications or as a result of planning conditions orobligations. Developments attracting large numbersof people, such as hospitals, large offices and major

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employment sites, schools, or major retailing aregenerally considered appropriate for Travel Plans.The Councils within West Yorkshire together withWest Yorkshire Transport Executive (METRO) alsoconsider that there is potential for Travel Plans inrespect of the conversion of large buildings to housingwhere there may be 50 or more dwellings created aspart of a lease-hold development of new buildproperty to encourage the use of public transport byresidents. The potential for Travel Plans in smallerscale residential developments (ten or moredwellings) should also be recognised and their usewill be encouraged by the Council.

9.17 The Council is supportive of METRO'sResidential MetroCard Scheme which is beingintroduced across West Yorkshire (2006), but has notbeen able to incorporate its provisions into theReplacement UDP. Developers will be encouragedto enter negotiations with METRO over theimplementation of such schemes in developments often or more dwellings.

9.18 PPG13 requires that Travel Plans besubmitted alongside major development inaccordance with the standards laid out in theguidance.The West Yorkshire Demand ManagementStrategy attached to the WYLTP also provides moredetails about the use of Travel Plans. The Councilwill also encourage developers and employers toconsider the benefits of introducing Travel Planswithin their development or company as part of thedevelopment of sustainable transport.

9.19 The Travel Plan should set objectives forreduced car usage, increased use of public transport,cycling and walking, improvements to safety features,and environmentally friendly consideration of themovement of freight and delivery of goods andservices. Achieving the objectives might include arange of tools including:-

the use of car sharing schemes;facilities for bicycle parking and changing;links to public transport, provision of sheltersand information;home based working and teleworking;the use of loans to staff for the purchase ofseason tickets; andthe use of flexi-time and staggered workinghours.

9.20 In addition it is important that proper use ismade of finite resources in an effort to supportsustainable development. Such resources includehighways, public transport and fuel, together with

land, water and air. Heavy congestion resulting frompeak period demands upon the highway networkreduces the efficiency of the transport system, andcauses significant delays to public transport,commercial traffic and private cars. One way ofattempting to improve the efficiency of the transportsystem is by spreading the peak period demand.TheCouncil can, through example and persuasionencourage employers to introduce such initiatives asflexible working patterns, home based working, liftsharing and the promotion of more sustainable modesof travel in order to spread peak demand and improvethe efficiency of the transport system. This will be tothe benefit of all road users, the economy andimprove the quality of life for all within the District.

9.21 The weight to be attached to a Travel Plan ina planning decision will depend upon the extent towhich it materially affects the acceptability of thedevelopment proposal and the degree to which it canbe legally secured. A Travel Plan can be made legallybinding through the use of a Planning Obligation orthrough the use of conditions attached to thepermission.Therefore the following Policy will apply:-

Policy T 1

Travel Plans

Travel Plans will be required in connectionwith development proposals (and will besought in collaboration with businessesoutside the planning application process) inorder to:-

i. spread the demand for transportservices and highway space;

ii. reduce congestion, traffic growth andpollution;

iii. increase the efficient use of thetransport network; and

iv. enhance the quality of life for all.

Conditions placed upon the grant ofpermission or the use of PlanningObligations will ensure that the Travel Planis implemented.

Any application falling within the thresholds,for which a Travel Plan is required and is notaccompanied by a Travel Plan, will berefused.

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9.22 Thresholds for the requirement of Travel Planshave been established by PPG13 and in agreementacross the West Yorkshire Authorities and are set outin Table 9.1. The Council may request a Travel Plan

in other circumstances where it considers that thereare large numbers of people employed within adevelopment that would be under the floor area setout within these criteria.

Table 9.1 Thresholds for the Requirement of a Travel Plan or Transport Assessment

THRESHOLD ABOVE WHICH A TRAVEL PLAN ORTRANSPORT ASSESSMENT IS REQUIRED(Gross sq.m)

USE CLASS -DEVELOPMENT TYPE

>1,000sq.mA1 Retail (Food and Non-Food)

>2,500sq.mB1 Business

>1,000sq.mB2 General Industry

>1,000sq.mB8 Warehousing

For a Travel Plan: - Leasehold development or where a groundrent or maintenance fee is paid on owner occupieddevelopment - 50 or more Dwellings;For a Transport Assessment - all residential development inexcess of 50 dwellings.

C3 Residential

By agreementD1 Health Centres/ Clinics/ Surgeries

>2,500sq.mHospitals

>2,500sq.mEducational Establishments

>2,500sq.mD2 Assemby and Leisure

>1,000sq.mCinemas and Conference Centres

>1,500 seatsStadia

Figures taken from PPG13 (March 2001) and West Yorkshire Local Transport Plan (July 2000)

Policies of the Highways Agency

9.23 The Highways Agency (HA) acting on behalfof the Department for Transport (DfT) is the HighwaysAuthority for Motorways and All-Purpose Trunk Roads(APTRs), and operates policies for the control ofdevelopment accessed from these roads.The adviceof the HA applies to all proposals where developmentwould affect the Trunk Road network. Full details ofthe HA’s policies in respect of development affectingtrunk roads and motorways are detailed in DTLRCircular 04/2001 'Control of Development AffectingTrunk Roads and Agreements with Developers underSection 278 of the Highways Act' (1980). It isimportant that the UDP provides details of the HA’sstance with respect to development, which may affectthe Motorway and All-Purpose Trunk Roads. It shouldbe noted that the only road to which this adviceapplies in Calderdale is the M62. The following are

the policies that the HA will follow in the planningprocess including applications for planningpermission:-

1. Access to Trunk Roads and Motorways

i. Direct access to trunk roads will be rigorouslycontrolled, with no direct access permitted tomotorways other than to or from service areas,maintenance compounds and at junctions.There will be a strong presumption against thecreation of new accesses to high standardall-purpose trunk roads and to trunk roads witha clear strategic importance. On the lessimportant trunk roads and the majority of thetrunk roads in urban areas, this policy may berelaxed provided that road safety is notcompromised. In particular the HA would not

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normally issue a direction of refusal todevelopments within a 40mph limit.

ii. The funding of any new or altered access to atrunk road consequent on a development is theresponsibility of the developer to be met througha Section 278 Agreement under the HighwaysAct 1980 (as amended). The access, includingits connection with the trunk road should bedesigned for the traffic flows expected 15 yearsafter the development first opens and shouldmeet normal trunk road standards (but see alsosection 3 below 'Developer Contributions toTrunk Road Improvements' ). As a statutoryconsultee on development plans and planningapplications that affect a Motorway or TrunkRoad, the Highways Agency encourages earlyconsultation on any potential use allocations ordevelopment proposals, as stipulated in DTLRCircular 04/2001.

2. Assessment of Wider Network Effects ofDevelopment

i. Calderdale Council will consult the HA whenevera development is likely to create or attract trafficwhich will result in a material increase in thevolume or material change in the character oftraffic entering or leaving a trunk road. In suchcases, any necessary Transport Assessment(TA) for the development should be carried outfor the opening year and at 15 years after thedevelopment first opens.

ii. The traffic growth forecast used in the TA willreflect local circumstances including factorssuch as plan assumptions about population andemployment growth and network constraints ontraffic growth. A range of forecasts(corresponding to low and high national roadtraffic forecasts) may be required where networkimplications might involve major investment.

iii. In assessing the traffic generated by thedevelopment itself, account will be taken ofmeasures to encourage use of other modes oftravel proposed as part of the planningapplication including measures to restrict trafficgeneration, for example, by limiting the provisionof private parking.

3. Developer Contributions to Trunk RoadImprovements

Where the TA reveals that the development isexpected to take junctions or links over their normaloperation capacity, or where roads are already overthe normal operating capacity, three courses of actionare possible:-

a direction will be given to Calderdale Councilto refuse permission for the development;a condition will be imposed on the developmentapplication requiring that improvements aremade to the road network; orthe application is allowed on the basis thatdevelopment has no material impact on thefunctioning of the trunk road.

Whilst the assessment of traffic impact on the trunkroad should be made for 15 years after opening, thedesign of improvement sought through a conditionneed not necessarily cater fully for traffic growth. Inparticular the following factors will be taken intoaccount:-

Network balance; the scale of improvementsought under a condition should not be out ofbalance with the capacity provided on adjacentsections of the trunk road network, takingaccount of planned improvements in the roadprogramme;Environmental impact: the scale should not begreater than the HA itself would promote giventhe local circumstances, taking account of theexpected impact of an improvement on theenvironment.

Public Transport

9.24 The Council has only limited responsibility forpublic transport but, with its partners, includingMETRO, can provide policies and support for publictransport. The Council is represented on the WestYorkshire Passenger Transport Authority (WYPTA –a joint board of West Yorkshire District Councils with22 members). METRO implements the policies of theWYPTA. It is essential that adequate public transportservices and facilities contribute effectively to meetingtravel needs and redressing the imbalance in travelopportunity which makes certain members of thecommunity disadvantaged in transport terms.

Priority for Buses

9.25 It is an aim of the Council and METRO tomake travel by bus at least as convenient as byprivate car. The West Yorkshire Bus Strategy and theWest Yorkshire Rail Plan 5, both included within theAppendix to the WYLTP (2000), provide details ofspecific aims and objectives with respect to both thesemodes of transport. Quality Partnerships, betweenthe Council, METRO, Bus Operators and the Police,concentrating investment on important travelcorridors, are an essential feature of the WYLTP,providing benefits greater than the sum of the parts.

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9.26 If public transport, and in particular buses, areto become more attractive as an alternative travelmode, it is important that efforts are undertaken tomake it more convenient, reliable and comfortable. Itis important therefore that priority measures ensuringadequate access for buses within major developmentsare provided and also that, policy initiatives are aimedat promoting bus priorities at traffic signals and totallysegregated routeing where appropriate. In a similarway it is important to ensure that new developments,particularly where these may be large, make adequateprovision for the needs of public transport.This couldbe through ensuring that the layout of thedevelopment provides for access by public transport,or that adequate connections are available to existingservices. The Council may seek to enter intoagreement through negotiation with developers tosecure funding, through the use of planningobligations, towards public transport provision.(METRO would be involved in any such discussions).

9.27 In achieving priority for public transport, it maybe necessary for the Council to consider wide rangingcontrols on the availability and use of car parkingspaces, particularly along existing highways and busroutes, or more specifically at bus stop locations bymeans of bus stop clearways. It may also benecessary to ensure adequate stopping facilities areprovided for buses, such as lay-bys, to ensure thatthey do not cause traffic congestion when stoppedfor collecting or dropping off passengers. Conceptssuch as Urban Clearways may have to beinvestigated but would only be introduced after fullpublic consultation.

9.28 As part of the WYLTP (2000) a number of buspromotion measures have been implemented on theA629, (Huddersfield Road), A646 (Calder Valley) andA629 (Keighley Road) Corridors. Future proposalsinclude measures on the A641 Huddersfield /Brighouse / Bradford route and the A6036 StumpCross / Northowram route. Further improvements tothe bus network will be brought forward through theWYLTP as necessary.

Policy T 2

Bus Priority Measures

In collaboration with the West YorkshirePassenger Transport Executive (METRO) andin consultation with bus operators, the publicand other road users, bus priority measureswhich improve journey reliability and timekeeping and increase the attractiveness of

buses as a viable alternative mode oftransport, whilst not significantly leading tothe disbenefit of other traffic, will beintroduced wherever they can be justifiedand when resources allow.

Policy T 3

Public Transport Provision at NewDevelopment

Where development over 1.00 ha, is locatedimmediately adjacent to public transportservices, convenient pedestrian connectionsor links should be provided to and within thedevelopment site to facilitate easy access tonearby public transport access points suchas a railway station or bus stop.Where thereare no existing services available within400m of the boundary of the site, financialcontributions will be sought from thedeveloper towards the cost of providing newor diverted services and/or highwaysimprovements to facilitate public transportaccess .

Local Rail Passenger Services

9.29 The Council supports the efforts made byMETRO to upgrade services provided on the railwaylines through Calderdale. Local rail services provideimportant longer distance accessibility and can alsohave a role to play over shorter distances throughoutthe District. The current direct services provide alimited range of destinations within the north ofEngland, and through interchange at York,Huddersfield, Leeds, Wakefield, Manchester andPreston to the rest of the country. It is recognised thatbenefits would come from the development of newroutes, faster services and the opening up of newdestinations particularly with connections or directservices to Manchester Airport.The re-opening of theHalifax to Huddersfield railway line has introducednew travel opportunities as well as providingBrighouse with a much needed new station. However,there is also further scope within the District for theopening of new railway stations and passengerroutes, from which benefits can accrue throughimproved environmental conditions, reducedcongestion and increased travel opportunities. It isimportant for the social and economic developmentof Calderdale that opportunities are exploited and

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proposals implemented as quickly as possible. TheCouncil wishes to see the development of new routesand services on the railway network servingCalderdale and therefore advocates the improvementor provision of the following services:-

Existing:-

(York) - Leeds - Bradford - Halifax - Manchester- (Liverpool)(Scarborough/York) - Leeds - Bradford - Halifax-Preston - BlackpoolLeeds/Bradford - Halifax - Brighouse -Huddersfield - (Sheffield)Selby - Leeds - Bradford - Halifax - Huddersfield- Mirfield - Wakefield

New Services:-

Leeds - Dewsbury - Brighouse - Halifax -Bradford (Leeds)Manchester (Victoria) - Rochdale - Todmorden- Burnley - Preston(Manchester/Blackpool) Calder Valley -Brighouse – Wakefield/Leeds - YorkDirect Services or upgraded connections toManchester Airport

9.30 Introducing new stations into the railwaynetwork can make services more attractive eventhough journey times may be increased. However,the Council and METRO are keen to develop the railnetwork further including the introduction of new railstations wherever these are feasible. The Councilsees the provision of new stations at Elland, Lowfieldsand Hipperholme as a priority for rail stations withinthe District.

9.31 The Council will press for the re-opening ofthe Todmorden Curve, subject to it being shown tobe economically feasible. This will allow trains forPreston and Blackpool to call at the town, which iscurrently by-passed by this service. It will also openup journey opportunities from Manchester/Rochdalethrough Todmorden to Burnley, Blackburn andPreston and the West Coast Main Line. Thedevelopments on the rail network are constrained bya tight budget and are dependant upon METROreceiving adequate financial support through the Planperiod.

Passenger Facilities

9.32 Just as it is recognised that the rail and busnetwork is important to the economy and environmentof the District, the provision of good quality passenger

facilities is also of critical importance to improve theimage and experience of using public transport.Thereis a need to continuously improve facilities at rail andbus stations and their environs to meet present andfuture needs of passengers and operators alike andto improve security at bus stops and stations.

9.33 In Brighouse, the existing bus station, whilstwell located in respect of the town centre, suffers frompoor operational standards and environment forpassengers and needs improving. Facilities at Ellandare poor and scattered throughout the centre.Improvements at both locations are programmedthrough the WYLTP. The WYLTP also providesdetails of other potential improvements at rail and busstations, both in the short term, over the next 5 yearsand in the longer term beyond 2010. The followingPolicy therefore includes these proposals:-

Policy T 4

Bus Station and Passenger Facilities atBrighouse, Elland and Other Locations

The replacement/refurbishment of BrighouseBus Station and bus facilities at Elland willbe undertaken during the Plan period. Otherimprovements to bus and rail passengerfacilities and their environs throughout theDistrict will be undertaken as necessary, andin light of priorities within the West YorkshireLocal Transport Plan.

Transport Interchanges and Park & Ride

9.34 Transport interchanges give the opportunityfor inter-modal or flexible changing between publictransport services. They serve a useful role inensuring good quality public transport accessibilityand can assist in reducing trips made by private car.Park & Ride schemes may have some potential inrelieving highway congestion and help to reducedemand for central area parking. Opportunities topromote rail-based Park & Ride exist at a number ofrailway stations (including Hebden Bridge, SowerbyBridge and Todmorden), and may exist at potentialrailway stations such as Elland and Hipperholme.These will encourage use of the railway network forjourneys into Halifax towards Leeds and Manchesterand beyond. Proposals for new railway stations willbe assessed in accordance with the guidance fromthe former Strategic Rail Authority (SRA) (nowNetwork Rail) contained in 'New Railway Stations –

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a guide for promoters' (2004). Consultation shouldbe undertaken with the appropriate bodies at an earlystage on any new proposals.

Policy T 5

Transport Interchanges and Park & Ride

Transport interchanges and/or Park & Ridefacilities will be investigated as facilities toreduce congestion, increase public transportusage, improve the environment and supportthe sustainable development principleswithin the Plan.The appropriate bodiesshould be consulted with regard to any newrailway station proposals, and any schemesfound to be feasible will be progressedthrough the West Yorkshire Local TransportPlan.

Rural Public Transport

9.35 The rural areas of Calderdale cover nearly80% of the District. These range from the highPennine Moors in the west through the valleys of thecentral part of the District to the agricultural areassurrounding Halifax, Brighouse and Elland. Withinthe eastern half of the District focussed upon Halifax,Brighouse and Elland there is a fairly dense networkof good quality public transport services linking townswithin the District with those outside such as Bradford,Cleckheaton, Huddersfield, Leeds, Wakefield andKeighley. In the west, public transport services aregenerally focussed upon Todmorden and HebdenBridge, with longer distance services to Halifax,Burnley, Oldham and Rochdale overlying the morelocal services.

9.36 Within the Upper Calder Valley a number ofinnovative public transport schemes have beenintroduced through the auspices of the WYLTP. Inparticular ‘Hebden Bridger’ local bus services fundedthrough the Government Rural Bus Challenge areproviding better services to the rural communities ofHebden Bridge. The Council supports these efforts(generally facilitated by METRO), which became fullyoperative in July 2003. The development of furtherrural public transport services, which meet the needsof the rural community, will be supported.

9.37 Good quality public transport in the rural areasis essential to enable the Council’s vision to berealised. In order to assist in this process, Todmordenand Hebden Bridge are to be designated as Rural

Service Centres.This recognises their significant rolein the local area whereby they provide services andfacilities for the local community, not just within theirrespective urban areas, but within the wider ruralcontext as well. As a result the following Policy willapply:-

Policy T 6

Rural Service Centres

Hebden Bridge and Todmorden aredesignated as Rural Service Centres.Theprovision of public transport in thesurrounding rural areas should take accountof that role.

Proposals for retailing, leisure facilities,financial and social services to serve theneeds of the rural communities should takeaccount of the role of these settlements asRural Service Centres.

Taxis and Private Hire Vehicles

9.38 Taxis are a special form of public transport,which have traditionally provided a service ondemand. The Transport Act (1985) changed theregulatory context for taxis and has encouraged localauthorities to grant rather than restrict licences.Taxisdo have a major role to play in providing mobility ondemand to an infinite range of locations and often areable to provide a facility for disabled people thatconventional public transport cannot, provided thatfully accessible taxis are available. Taxi ranks atrailway stations can allow longer journeys to be madeentirely without the use of a private car and rankswithin shopping centres can provide a very usefulfunction. Private hire offices also act as a focus forpeople wishing to hire a vehicle. However it isimportant to ensure that the location and operationof taxi ranks and private hire offices are to the benefitof the users and not at the expense of theenvironment or inconvenience or disturbance toneighbours at the local level.

9.39 There are problems in formulating acomprehensive policy for the location of Private Hireoffices.This is because of the diversity that lies withinthis industry. Firms may vary in size from one car toa large fleet; they may seek to operate from a house,a small office or a garage. Radio cars may only needto return to base for repairs (and even those may beundertaken at an independent garage) whereas other

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operators may prefer their vehicles to return to basefor new instructions, cashing up, rest periods etc.Twomain types of Private Hire offices may be identifiedand are defined as follows:- non-operational andoperational.The following table provides a breakdownof the considerations that should be applied to thedetermination of planning applications for Private Hireoperating centres.

Table 9.2 Matters to be considered when determiningPrivate Hire Planning Applications

DEFINITIONS

Non-Operational Offices

Non-operational offices are where vehiclesare directed by radio and do not operate fromor visit the office. Generally only employingone or two persons, this minor office use maybe acceptable in most types of area includingthose that are predominantly residential.However, operations that may use more thanone vehicle are unlikely to be acceptablewithin residential areas because of thepossibility that drivers will seek to visit theoffice for rest periods, resulting in disturbanceover and above that which may normally beexpected within a residential area.

Operational Offices

Operational offices are those from whichvehicles operate and where a public waitingroom and drivers accommodation is normallyprovided.

ISSUES

The Highway Network

The road on which the office is located shouldbe of a standard in terms of geometry andconstruction adequate to cater for the numberof vehicles trading from or visiting the site.This is to ensure the operations do notinterfere with the free flow of traffic or createunsafe conditions for vehicles andpedestrians.

ISSUES

The Site and Availability of Parking

An important criterion for the location of abase is the number of off-street parking placesthat are available and in the control orownership of the applicant. This must besufficient to accommodate the total numberof vehicles operating from the site at any onetime. It may be appropriate to impose acondition on a planning permission restrictingthe number of vehicles that may be presentat the site at any one time in order to ensurethat parking is adequate. It may be acceptableto have parking in an off-site locationassociated with the operational office if this isa short distance from the site. However, it hasto be recognised that if the parking is tooremote from the office, there is a possibilitythat drivers will not use that parking facility. Itmay be appropriate to have a separate drivers’mess associated with remote parking, but thisshould not be over 100 metres from the office.This will need to be considered on its meritsat the time of the application.

Character of the Area

The main problems associated with privatehire operational offices are frequent vehiclemovements, noise and anti-social hours ofoperation. Activity often continues throughoutthe night when it can be most disturbing. Asa result an office that has more than onevehicle operating from it should not be locatedwithin a residential area. In mixedcommercial/residential areas the position maybe more difficult to determine. In both theseareas it is considered that temporarypermissions should be granted initially for ashort period (one year is suggested) in orderto enable the effects of the operations to bemonitored.

9.40 Within Halifax, Brighouse, Elland, SowerbyBridge, Hebden Bridge and Todmorden town centres,it may be problematical to find a site with convenientcar parking. A reliance on on-street parking willdisadvantage shoppers and other town centre users.The use of off-site parking may therefore benecessary, particularly during daylight hours.Edge-of-centre sites close to the focus of the evening

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economy may therefore be appropriate as locations.Proposals will only be supported where there areunlikely to be adverse effects upon vehicularmovements, where road safety is not compromised,environmental and amenity concerns, particularlywithin Conservation Areas can satisfactorily beaddressed, and no other problems are created. As aresult the following Policies will apply:-

Policy T 7

Private Hire Operating Centres

Private Hire Operating Centres at which apublic waiting room and driveraccommodation is provided, will be grantedpermission where benefits will accrue to theuser/passenger, such as within town centresacross the District, at railway and busstations, or in other locations, where:-

i. disturbance to neighbouring uses canbe minimised;

ii. parking facilities are provided;iii. the development creates no

unacceptable environmental, amenity,traffic, safety, or other problems;

iv. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations; and

v. the development complies with all otherrelevant UDP policies.

NOTE: Parking facilities must be provided inaccordance with the Council’s ParkingGuidelines set out in Policy T 18, includingwhere they are proposed within towncentres, but may be divorced from the officesite in location, provided that the Councilcan be certain that the facilities will beavailable at all times and that operators willensure that they are used. (Conditions maybe attached to any grant of permission or aplanning obligation required to ensurecompliance).

Policy T 8

Taxi and Private Hire Radio Offices

Taxi and Private Hire Radio Offices at whichno vehicles are based or which are visitedby not more than one operating vehicle at atime will be granted permission where thedesign and siting of the radio mast andequipment in visual and operational termsis acceptable and where:-

i. disturbance to neighbouring uses canbe minimised;

ii. parking facilities are provided;iii. the development creates no

unacceptable environmental, amenity,traffic, safety, or other problems;

iv. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations; and

v. the development complies with all otherrelevant UDP policies

NOTE: Parking facilities must be provided inaccordance with the Council’s ParkingGuidelines set out in Policy T 18, includingwhere they are proposed within towncentres, but may be divorced from the officesite in location, provided that the Councilcan be certain that the facilities will beavailable at all times and that operators willensure that they are used. (Conditions maybe attached to any grant of permission or aplanning obligation required to ensurecompliance).

Socially Inclusive Transport System

9.41 The Council is concerned that there are largenumbers within the community who have greatdifficulty in making use of conventional publictransport. These difficulties may be physical,economic or social. The mobility of all within thecommunity is essential if sustainable development isto be achieved in social and economic terms. Fullyaccessible buses, trains and taxis have a role to playin achieving these aims, as does the provision foraccess and parking for drivers displaying disabledbadges. The Council supports METRO in theprovision of 'Access Bus' and the full range of issuesrelating to social inclusion.

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9.42 The Disability Discrimination Act (1995)supports the rights of disabled people to accessemployment and other goods, facilities, services andpremises that are available to the general population.The WYLTP 'Social Inclusion Strategy' addresses theissues relating to social inclusion in detail and theCouncil supports the actions proposed within thatstrategy.The objectives of the Strategy are to ensurethat no one is excluded from using the transportsystem and that transport policies complementbroader social inclusion strategies. In order to achievethis a range of initiatives are being promotedthroughout West Yorkshire including:-

ensuring access to public transport through theuse of wheelchair accessible vehicle and busstops;provision of lifts at railway stations;information provision in accordance with theDisability Discrimination Act (1995) Part III;removing obstructions within footways andproviding accessible crossing points;ensuring good penetration of services intoresidential and commercial areas; andsupporting shop-mobility schemes (see Glossaryof Terms) within central areas.

9.43 Social inclusivity means not only ensuring thatthe physical barriers are removed which prevent orhinder those with mobility difficulties from using thesystem but also addressing issues for individuals,groups or communities which by virtue of poverty ordiscrimination are also excluded from mainstreamopportunities, activities and access to servicesgenerally available to the wider public. A commitmentto reducing social exclusion is a recurring themewithin the regional agenda.

9.44 The Social Inclusion Strategy of the WYLTPhas a five-year action plan, which is supported by theCouncil. This action plan provides a framework forthe further development of socially inclusive transportand provision. (For further details see the WYLTPSocial Inclusion Strategy). As a result the followingPolicy will apply:-

Policy T 9

Socially Inclusive Transport Network

Efforts will be made, in consultation with theWest Yorkshire Passenger TransportExecutive (METRO), public transportoperators and users, to make the transport

network fully socially inclusive andaccessible to all, including the disabled andothers with mobility difficulties.

Footpaths, Bridleways and Other Rightsof Way

9.45 The Council has a statutory duty to ensurethat footpaths, bridleways and other public rights ofway remain open for public usage as part of thehighway network of the District.There is a total lengthof about 1,800kms (1,125 miles) of public footpaths,bridleways and other rights of way within the Districtand increased leisure time is being used to undertakerecreational activities on these highways.There is animportant tourism and recreational potentialassociated with the District's footpath network. Thepaths also provide corridors for wildlife and habitatsfor flora and fauna. There are also packhorse trailsand other ancient highways and walled lanesthroughout Calderdale, which have significant historicimportance as well as being recreational resources.Where an existing public right of way has historicfeatures such as stone setts or walls those should besafeguarded in the development process.

9.46 It is important that the footpath network isprotected, enhanced and extended, and that theneeds of different user groups including the elderlyand those with disabilities are recognised in ensuringaccessibility to the rights of way network. It is alsoimportant that development control decisions do notresult in the loss of useful footpaths and bridleways,and that development proposals contain provision fornew or enhanced facilities.

9.47 In some instances, ecological and landscapefeatures may have naturally occurred as a result ofthe under-use of the land in the past.Where this mightbe a possibility, developers will be encouraged todiscuss the ecological value of sites with WestYorkshire Ecology or the Council’s Countryside andForestry Section prior to formalising proposals toassess ways in which to retain them.

9.48 Recreational walking is an activity enjoyed bymany throughout Calderdale. The network of longerdistance footpaths (Pennine Way, Calderdale Wayetc) together with the extensive network of publicfootpaths open up large areas of the District towalkers and hikers. Whilst the network is extensivethere are opportunities to improve connectivitythrough the introduction of new footpaths or otherrights of way. The Council will investigate these and

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their provision sought where, following consultation,there is support. As such the following Policies willapply:-

Policy T 10

Safeguarding Public Rights of Way

Footpaths, bridleways, other public rights ofway and canal towpaths will be safeguardedto ensure their retention, preservation ofcharacter and usability as part of the publicright of way network and to allow theirpromotion and development as part of theutility/leisure/recreational resources or aspart of the tourist attractions of the District.

Policy T 11

Protection of the Sites of Former RailwayLines

Development on the sites of former railwaylines shown on the Proposals Map will notbe permitted if it would:-

i. prejudice the creation of appropriaterights of way;

ii. prejudice the ability to keep the integrityof a linear route; and

iii. harm the functioning of the land as awildlife corridor or linear open space.

9.49 To assist in meeting the requirements of PolicyT 12, which follows, guidelines are set out here fordevelopment affecting Public Rights of Way (PRoW):-

i. Due account should be taken at the designstage of PRoW affected by the development sothat the layout of the development can allow,wherever possible for the preservation of thePRoW on its existing line.

ii. Where diversion of a PRoW is unavoidable, analternative route should ideally be providedwhich is wholly or predominantly separate fromproposed footways of estate roads so that theidentity of the PRoW is preserved.

iii. Existing or diverted public footpaths orbridleways should have a minimum width of 1.8

or 3 metres respectively following thedevelopment.

iv. Consultation with West Yorkshire Ecology orthe Council’s Countryside/Forestry Units, whereappropriate.

The following policy relates to planning applicationswhich affect Public Righst of Way

Policy T 12

Applications Affecting Public Rights of Way

All applications for planning permission willneed to ensure that:-

i. development proposals do not have anyadverse effect on the amenity of, orresult in a loss of footpaths, bridleways,cycleways, byways and other publicrights of way;

ii. satisfactory alternative provision ismade nearby when development affectssuch a route;

iii. where appropriate, new developmentmakes adequate provision for new orenhanced public rights of way; and

iv. pedestrian links to public transportroutes and services are provided thatare safe, direct, well lit, overlooked andattractive.

Cycling

9.50 Individual and community benefits can accruefrom growth in cycling within the District, particularlyin relation to individual health and potential reductionsin car use. Although the topography of the area isdifficult, it does not hinder many cyclists from tacklingthe steeper hills and routes within the District. It does,however, generally confine many to the valley roads,which are also the most heavily trafficked. The verynature and vulnerability of the bicycle can easily bringmotorised forms of transport into conflict with cyclistsand cause difficulties for riders and other road users.It is therefore, important to make provision for theprotection of cyclists in order to reduce conflict andthereby increase cycle safety. In the longer-termincreased cycle use, through the provision of cyclelanes, routes and phasing at traffic signals, and thedesign, layout and location of developments will alsobring benefits.

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9.51 The West Yorkshire Cycling Strategycontained within the WYLTP describes the potentialfor and the means by which cycling can contribute tothe Plan's overall objectives and is fully supported bythe Council. The Strategy has been translated into adetailed Cycling Action Plan within Calderdale andthe other Districts. By encouraging more people tocycle, benefits to the whole community will accruethrough:-

i. Improved health and general fitness, reducedrisk of heart attack, weight control and reducedstress.

ii. Reduced pollution and congestion.iii. Reduced greenhouse-gas emissions.iv. Reductions in use of non-renewable fossil fuels.v. Economic gains through walking and cycle

tourism and leisure activities.

9.52 The needs of cyclists in the design and layoutof highway schemes need to be taken into accountin accordance with the Hierarchy of Consideration.For the purposes of this Policy a cycleway is any path,footway, bridleway or road where cycles arepermitted. The Council is designating a number ofcycleways in support of the West Yorkshire CyclingStrategy and as a result the following Policy willapply:-

Policy T 13

Cycleways

The following routes are designated ascycleways:-

Calder Valley Cycleway (National CycleNetwork);Hebble Trail/ Elland Wood Bottom LaneLink;Western Halifax;Ovenden Cycle Route;Triangle to Sowerby Bridge; andOld Lane, Halifax.

Where detailed route proposals are knownthese are shown on the Proposals Map.However, there are some circumstanceswhere the details have not yet beendetermined.Therefore, there are some'Corridors of Interest' also shown on theProposals Map. The detailed routes will bekept clear of development to ensure that acontinuous linear route is available free of

obstruction or other impediments. Along the'Corridors of Interest', the existence of theproposals for a cycleway will be a materialconsideration in the determination of anyplanning application, in order to ensure thatthe overall connectivity of the cycleway isassured. Planning permission fordevelopment that may affect the integrity ofthe protected cycle routes will only bepermitted where arrangements are made aspart of the planning application forreasonable alternative routeing, which doesnot disadvantage cyclists and is securedeither through conditions or through aplanning obligation.

Motor Cycles and Mopeds

9.53 Motorcycles, mopeds, scooters and otherforms of motorised non-car transport have a usefulrole to play in the transport system within the District.This is recognised by the WYLTP. There are signsthat the use of environmentally friendly motorcyclesand mopeds is increasing for both commuting andleisure use. Like bicycles, they are vulnerable to theeffects caused by other road users and can causeproblems for other road users including pedestrianswhen they are ridden in an aggressive or dangerousway. The Council supports the campaigns by WestYorkshire Police to increase motorcycle safety andawareness.The needs of motorcyclists/moped usersare recognised within the Hierarchy of Considerationset out in POLICY GT 4. Requirements formotorcycle/moped parking have been introduced astheft of motorcycles/mopeds is recognised as a majorissue and potential deterrent to their usage.Increasing provision for the secure on-street parkingof motorcycles/mopeds is being made through theWYLTP and it is recognised that advantages wouldalso accrue if parking requirements were to beintroduced for new development as well. Theserequirements are set out in Policy T 20.

Highways and Traffic Management

9.54 The highways and traffic management policiesare contained within sections under the followingheadings: -

Traffic ManagementOn-Street Parking ControlsPedestrian Priority/PedestrianisationHighways Schemes

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Traffic Management

9.55 Traffic causes significant problems relating toroad safety, intimidation, noise and air pollution andthereby reduces the quality of life for local residents.Part of the problem arises from non-essential throughtraffic constraining local amenity and increasing thepotential risk of road casualties. It is important tominimise the impact of traffic growth on theenvironment and manage the particular requirementsof local businesses, industry and residents fordeliveries, access to shops, facilities and homes whilstensuring the network is not compromised byinappropriate traffic. Traffic management measuresand minor highway improvement schemes can assistin reducing the impact of traffic and of newdevelopments on the local community and roadnetwork. It is also important that any measures areintroduced in a balanced way to secure benefits overa wider area. As a result comprehensive trafficmanagement reviews will periodically be undertakento provide the necessary basis for such measures.Therefore:-

Policy T 14

Traffic Management Schemes

Traffic management schemes that make thebest use of the road network in a balancedway to reflect the needs of all road users,giving particular importance to road safetyand improvements of facilities forpedestrians and cyclists, people withdisabilities and access to public transportwill be introduced in consultation with thelocal community.

On Street Parking Controls

9.56 Restraint on the amount of parking that willbe allowed with new development under the MaximumParking Allowances (set out in Policy T 18) couldresult in increased pressures for on-street parkingnearby. Indiscriminate parking will lead to problemsof obstruction and traffic congestion in certain streets,increasing the potential risk of road casualties andnoise and air pollution. Car parking controls aroundschools or other generators of significant trafficmovements could alleviate problems of congestion,pollution and road safety that arise in these locations.For larger new developments, Travel Plans andTransport Assessments (required under Policy T 1and POLICY GT 5) will help to identify such need and

provide considered solutions to the problems. It isimportant to ensure that problems do not arise fromthe application of the new parking standards that willcompromise road safety or seriously impede trafficflows. The following Policy will therefore apply:-

Policy T 15

On-Street Parking Controls

On-street parking and other restrictions willbe considered and, following publicconsultation introduced to address any likelyparking problems arising from development.Where on-street parking can be safelyaccommodated it will be provided in abalanced way to meet the needs anddemands of the local community.

Pedestrian Priority / Pedestrianisation

9.57 Traffic limitation and pedestrianisation of mainshopping streets results in safe and attractiveshopping environments which in turn help promotethe vitality and viability of shopping centres. Thepedestrianisation of streets in Halifax, Brighouse andElland are considered to be examples of this success.Considerable scope exists for further extension andimprovement of the pedestrianised areas, particularlyif combined with traffic management schemes toimprove traffic circulation and safety. Appropriatetown centre management can also assist suchmeasures. The Council, therefore, proposes to carryout investigations to identify possible new andextensions to existing pedestrian priority schemes inthe town centres of the District. However, this will onlybe done in full consultation with the occupiers andusers of the shops and in the knowledge that servicingand parking facilities will have to be improved in most,if not all, cases. In Halifax town centre, a 'Zones andLoops' principle for traffic circulation has been createdas part of the implementation of the Town CentreStrategy.This has increased the attractiveness of thetown centre through a balanced transport policy whilstmaintaining good accessibility for public transport andimproving the environment for pedestrians.

9.58 All pedestrian priority and pedestrianisationproposals will be subject to consultation with thepublic and appropriate statutory undertakers andagencies. Therefore the following Policy will apply:-

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Policy T 16

New and Extended Pedestrian PrioritySchemes

New, extended or improved pedestrianpriority schemes within the shopping centreswill be brought forward, along withappropriate traffic management to assist inimprovements to the vitality, viability, safety,sustainability and environment of centresthroughout Calderdale, where consideredappropriate and where resources allow.

Highway Schemes

9.59 The Replacement Cadlerdale UnitaryDevelopment Plan does not include any new highwayschemes that were not already identified in theprevious UDP (April 1997). Any that were included inthe previous UDP that have not been undertaken orwhich are not programmed within the West YorkshireLocal Transport Plan have been omitted. The WestYorkshire LTP does not include any highwayproposals in Calderdale within the next 5 year period.However there is a longer term requirement withinthe Replacement UDP for a scheme within Halifax.This is set out in Policy GT7 as follows: -

POLICY GT 7

HIGHWAY PROPOSALS

THE FOLLOWING IMPROVEMENTS TO THESTRATEGIC ROAD NETWORK WILL BESAFEGUARDED:-

I. HALIFAX, NORTH-SOUTH TRAFFICIMPROVEMENTS (CHURCH STREETWIDENING).

Abandoned Highway Proposals

9.60 In order not to create blight and thereby reduceenvironmental quality and economic confidence, it isimportant that any highway schemes which werepreviously shown within the UDP, and which are notnow to be progressed, be abandoned. Therefore thefollowing Policy will apply:-

Policy T 17

Abandoned Highway Proposals

The following schemes contained in theprevious Unitary Development Plan (Adopted1997) are now abandoned:-

i. Sowerby Bridge Relief Road;ii. Calder and Hebble Junction;iii. Ainley’s Access Road; andiv. A58/A644/A649 Junction: Hipperholme

Parking in New Development

9.61 Car parking provision is a tool in themanagement of travel demand and traffic congestion.It is important that car parking is generally providedwith new development but that the scale of theparking is managed to ensure that demands uponroad space, traffic congestion and land take are notexcessive. PPG13, ‘Transport’ (2001), introducesnationally applicable levels of parking provision forvarious categories and scales of development. At theregional level, the 'Regional Spatial Strategy forYorkshire & the Humber' (2004) (RSS) Policy T5confirms the need for parking levels to be consistentat the regional level, extends the policy into theregional context and provides a range of parkingallowances that are to be applied across the region.The RSS forms part of the Development Plan forCalderdale by virtue of the provisions of the Planningand Compulsory Purchase Act (2004) and as a resultthe parking allowances contained are applicablewithin the District. These allowances have been setout in Policy T 18 and indications as to where theranges of parking are applicable have been given.As part of the further development of parking policywithin Calderdale, a Supplementary PlanningDocument, under the new planning system, will beprepared in accordance with the Local DevelopmentScheme.This will indicate levels of accessibility withinthe District and relate the ranges of parking providedfor in Policy T 18 to the levels of accessibilityidentified.

9.62 Within the town centres of Calderdale theapplication of the new maximum parking requirementscould have serious consequences for trafficcongestion, amenity, conservation efforts,regeneration, use of valuable town centre land, orcompromise efforts to encourage travel by alternativemodes of transport. As a result the Council will notexpect developers to provide parking with their

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developments within these centres. In somecircumstances, for instance within Conservation Areasor within the curtilage of Listed Buildings, it may benecessary on conservation or amenity grounds topreclude parking altogether. However, there may becircumstances within the town centres where essential

operational parking is needed.The Council will assessthese requirements on their merits, and will not seekto allow parking that would be used for general longstay purposes. The following Policy will thereforeapply:-

Policy T 18

Maximum Parking Allowances

New development should provide parking not in excess of the maximum allowances set out below.

In determining the appropriate level of parking to be achieved for any given development,consideration will be given to the following factors:-

the accessibility of the site;

its relationship to urban areas, (including proximity to town centres and other locations ofhigh accessibility);

relevant parking or traffic management strategies;

opportunities for the use of alternative modes of transport including public transport, walkingand cycling;

Parking provision above these allowances will not be permitted.

ATTENTION : Please note the following:

1. PARKING FOR THOSE WITH PHYSICAL DISABILITIES

Developments that allow access to the public, including retailing, offices, cultural andrecreational uses should provide car parking for disabled people at a ratio of 1 disabled spaceper 10 spaces provided.THIS IS ADDITIONAL TO THAT IN THE MAXIMUM REQUIREMENTSBELOW. (Therefore if 50 spaces are required to serve a development an additional 5 spacesfor disabled people will be necessary to serve the development).

2. PARKING FOR BICYCLES AND MOTORCYCLES/MOPEDS

New commercial, retail, employment and leisure development should provide opportunitiesfor the parking of bicycles and motorcycles in secure facilities. Large residential conversionsand major new blocks of apartments (creating over 5 units) should also provide facilities forthe secure storage and parking of bicycles and motorcycles. (See the Bicycle and Motorcycleand Moped Parking Requirements in Policy T 19 and Policy T 20.

3. FACILITIES FOR DELIVERIES

All new commercial, retail, employment and leisure development should provide facilities forthe delivery and collection of goods. In particular, adequate space must be provided fordelivery vehicles to unload in an appropriate manner, off the public highway where necessaryor desirable and to leave the site in a forward gear.

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4. EXCEPTIONS :-

Town Centres:- within the designated town centres shown on the Proposals Map,the Council will generally not expect developers to provide parking and thereforethe Maximum Allowances will not apply. However in some circumstances, at thediscretion of the Council, where it is considered that on-street parking problemswill arise or that issues of road safety may be compromised, then parking maybe required. For larger applications such matters will be assessed during theconsideration of the Transport Assessment. Where a developer, for operationalor other reasons seeks to provide parking space, this will be limited to thatgenuinely necessary to serve the development and will not be allowed to caterfor long stay or commuter parking.Conservation Areas and at Listed Buildings:- within Conservation Areas and atListed Buildings, the provision of parking may not always be appropriate forreasons of amenity or conservation value.The Council will consider the provisionof parking within these areas on their merits at the time of the application.Rail Stations and Interchanges:- appropriate provision of parking facilities willbe encouraged near rail stations and interchanges to encourage motorists to usepublic transport for part of their journeys.

Where Regional Spatial Strategy states maximum parking allowances these are used in the followingtable.

URBAN AREAS for the purposes of this Policy are :- Halifax/Sowerby Bridge;Brighouse/Rastrick/Hipperholme; Elland/West Vale/Greetland.

ALL other settlements, and out lying parts of the district for example:- Todmorden, Hebden Bridge,Mytholmroyd, Ripponden, Stainland/Holywell Green, Southowram, Northowram and Shelf togetherwith the rural areas and the countryside fall into Rural Areas/Market Towns as defined by RegionalSpatial Strategy.

All figures are based upon the gross floor area of the development. Maximum Allowances areexpressed in terms of 1 space per xx square metres gross floor area.

MAXIMUM PARKING ALLOWANCES :Parking for Disabled Users is ADDITIONAL to

this Maximum (See Note 1)1 space per xx sq.m Gross

TYPE OF DEVELOPMENTUSE CLASS

SHOPSA1

Food Retail - Under 500 sq.m 35 sq.m

Food Retail - 500 to 999 sq.m 20 sq.m

Food Retail - 1000 sq.m or over URBAN: 14 - 25 sq.mRURAL: 14 - 20- sq.m

Non-Food Retail - Under 1000sq.m

25 sq.m

Non-Food Retail - 1000 sq.m orover

URBAN: 25 - 60 sq.mRURAL: 20 - 30 sq.m

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FINANCIAL ANDPROFESSIONAL SERVICES

A2

Under 2500 sq.m 35 sq.m

2500 sq.m or over URBAN: 35 - 60 sq.mRURAL: 35 sq.m

FOOD AND DRINKA3 In settlements defined on the ProposalsMap - 5 sq.mGreen Belt and the area AroundTodmorden - 3.5 sq.m

(The different maximum recognise that withinurban areas, opportunities for walking to thesefacilities are much greater than within rural areas,where the preponderance to use a vehicle maybe greater).

BUSINESSB1

Under 2500 sq.m 30 sq.m (All areas)

Over 2500 sq.m URBAN: 30 - 60 sq.mRURAL: 30 sq.m

GENERAL INDUSTRYB2 URBAN: 50 - 75 sq.mRURAL: 30 - 50 sq.m

WAREHOUSINGB8 250 sq.m

These should provide parking to meet the needsof each element of the development within theMaximum Allowances set out in this Policy.

MIXED USE DEVELOPMENTSMIXED USE

HOTELSC1 1 space per 4 staff (likely to be present atany one time); PLUS 1 space per bedroom

RESIDENTIAL INSTITUTIONSC2

HOSPITALS (Levels of parkingat hospitals may be varied inaccordance with the TransportAssessment and Travel Plan)

1 space per 4 staff (likely to be present atany one time); PLUS1 space per 4 daily visitors.

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NURSING HOMES /RESIDENTIAL HOMES

1 space per 4 staff (likely to be present atone time); PLUS1 space per 5 bedrooms

NOTE: Provision of parking for residentialdevelopments should be within curtilage exceptwhere communal parking is proposed.

DWELLING HOUSESC3

ALL HOUSES, DWELLINGSFLATS AND APARTMENTS

1 space per dwelling PLUS1 space per dwelling where parking isavailable within the curtilage of the dwellingotherwise 1 space per 2 dwellings, (givinga total of 1.5 spaces per dwelling ondevelopments where communal parking isprovided).Larger dwellings, in excess of 5 bedroomswill be assessed separately.Lower provision of residential parking willgenerally be acceptable in moresustainable locations such as TownCentres or in locations of high accessibility.

SHELTERED HOUSING 1 space per 2 units PLUS1 per 4 units for visitors

GENERAL NOTE ON RESIDENTIAL PARKING

For residential conversions or new development where there may be no opportunity for off-streetor in-curtilage parking, account will be taken of the effects of parking on the highway and theavailability of public parking and of public transport as an alternative travel mode in the vicinity ofthe development. Permission will not be refused on the grounds of lack of parking, except whereon-street parking would result in a road safety hazard, significant congestion or compromise othermaterial considerations of concern. (See Policy T21 on Car Free and Low Car Ownership HousingDevelopments as well).

Where parking is provided within the curtilage, consideration of the need to remove PermittedDevelopment Rights or the imposition of conditions will be undertaken regarding the retention ofthe parking spaces to ensure their availability at all times in order to reduce the likelihood of on-streetparking. Where a residential property is to be extended, the result of which will be to place theextended dwelling in another parking band, consideration will be given to the need to seek increasedparking provision within the curtilage of the site.

On larger development sites where a range of house types may be provided, communal parkingshould be provided where feasible or appropriate in order to reduce the overall parking requirementon the development site and to ensure that an average of 1.5 spaces per dwelling is providedacross the development.

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NON-RESIDENTIALINSTITUTIONS

D1

PRIMARY SCHOOLSNOTE: 1 space per 2 staff PLUS5 spaces for visitors

Levels of parking atschools and

SECONDARY SCHOOLS 1 space per 2 staff PLUScolleges to beassessed under 10 spaces for visitorsthe TransportAssessment andTravel Plan

FURTHER EDUCATION ANDCOLLEGES

1 space per 2 staff PLUS1 per 15 Full time Students

HEALTH CENTRES /SURGERIES

3 spaces per consulting room

DAY NURSERIES / CRECHES 1 space per 2 staff members (likely to bepresent at any one time)PLUS no more than 4 spaces for visitors.Parking on-street may be acceptable

LIBRARIES 1 space per 25 sq.m

PLACES OF WORSHIP 1 space per 25 sq.m

MUSEUMS 1 space per 3 staff (likely to be present atany one time); PLUS1 space per 10 patrons expected to bepresent at any time.

ASSEMBLY AND LEISURED2

CINEMAS, THEATRES,CONCERT HALLS ANDCONFERENCE FACILITIES

URBAN: 1 space per 5 - 10 seatsRURAL: 1 space per 5 seats

STADIA 1 space per 15 seatsSufficient parking for coaches should beprovided to the satisfaction of the Counciltaking account of the TransportAssessment and Travel Plan and bedesigned/managed as a resource separatefrom car parking.

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SPORTS FACILITIES Generally - 1 space per 3 staff likely to bepresent at any one timePLUS as follows for each sporting activitybelow

Outdoor Facilities 1 space per 2 players expected to bepresent at any time

Sports Halls 1 space per 10 sq.m

Squash/Tennis Clubs 2 spaces per court

Swimming Pools 1 space per 10 sq.m pool area

Spectator Area 1 space per 15 seats

OTHER D2 USES URBAN: 1 space per 22 - 100 sq.mRURAL: 1 space per 22 - 25 sq.m

OTHER USES OUTSIDE THEUSE CLASSES ORDER

OTHER USES

Private Hire Operating Centres 1 space per vehicle operating from thecentre (This applies in all areas). (See alsoPolicy T 7 and Policy T 8)

Hostels 1 space per 4 staff (likely to be present atany one time); PLUS1 space per 4 residents;

Auction rooms 1 space per 2 sq.m standing room or 1space per 4 seats

Car Repairs and Car Workshops 1 space per 2 staff (likely to be present atany one time); PLUS3 spaces per maintenance bay

Car Sales 1 space per 2 staff (likely to be present atany one time); PLUS1 space per 6 vehicles for sale.

Petrol Filling Stations 1 space per 2 staff likely to be present atany one time

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Bicycle and Motorcycle / Moped ParkingGuidance

9.63 It is important that secure facilities areprovided for cyclists to park their machines if there isto be an increase in the usage of this environmentallyfriendly and healthy mode of transport. Security for

bicycle parking for both long stay and visitor parkingis very important to assist in reducing opportunitiesfor crime. Where long stay bicycle parking (foremployees) is to be provided, this should ideally bewithin the building or an appropriate annex. Bicycleparking requirements are set out in the followingPolicy:-

Policy T 19

Bicycle Parking Guidance

Bicycle parking shall be provided in accordance with the following guidelines:-

BICYCLE PARKING STANDARD (Gross sq.m)TYPE OF DEVELOPMENTUSE CLASS

1 secure space/stand per 10 employees PLUS 1stand/space per 200 sq.m;

ShopsA1

1 secure space/stand per 10 employees Or 1space/stand per 300 sq.m;

Financial And ProfessionalServices

A2

None Required;Food And DrinkA3

1 secure space/stand per 10 employees Or 1space/stand per 325 sq.m;

BusinessB1

1 secure space per 10 employees Or 1 stand per 750sq.m;

WarehousingB8

1 secure stand per 10 employees PLUS 1 space/standper 10 bedrooms (1 Space Minimum);

HotelsC1

1 space/stand per 10 staff in secure facilities PLUS 1space/stand per 3 Beds;

Hospitals/Nursing HomesC2

None required - but thought should be given within thedesign process to the storage and parking of bicycleswithin any housing development;

Dwelling HousesC3

Should provide secure parking within the developmentfor cycles;

Flats/Apartments

1 space per 20 pupils (Includes Spaces For Staff);Primary SchoolsD1

1 space per 10 pupils (Includes Spaces For Staff);Secondary SchoolsD1

1 space per 30 students (Includes Space For Staff);Further Education AndColleges

D1

1 space per 50 Seats;Places Of WorshipD1

1 space per 10 staff PLUS spaces for visitors;Museums, Galleries, PublicExhibition Halls

D1

1 space/stand per 2 Consulting Rooms;Health Centres/SurgeriesD1

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BICYCLE PARKING STANDARD (Gross sq.m)TYPE OF DEVELOPMENTUSE CLASS

1 secure space/stand per 10 Staff PLUS 1 space/standper 200 sq.m;

CinemasD2

1 space per 10 staff PLUS spaces for visitors.Stadia

Policy T 20

Motorcycle/Moped/Scooter Parking Guidance:

Motorcycle/Moped/ Scooter parking shall be provided in accordance with the following guidelines:-

MOTORCYCLE/ MOPED/ SCOOTER PARKINGSTANDARD (Gross sq.m)


1 space (total);Retail under 500 sq.mA1

1 space per 500 sq.m (minimum);Retail over 500 sq.m

1 space per 1000 sq.m;Financial and Professionalservices

A2

1 space per 200 sq.m;Food and DrinkA3

1 space per 1000 sq.m;BusinessB1

1 space per 500 sq.m for units under 1000 sq.m;PLUS for larger units: 1 space per 1000 sq.m for over1000 sq.m.;

General IndustryB2

1 space per 500 sq.m (1 space minimum);WarehousingB8

1 space per 20 bedrooms (1 space minimum);Hotels and HostelsC1

Residential InstitutionsC2

a. For Hospitals:- 1 space per 50 staff (or as agreedas part of the Transport Plan for thedevelopment)

a. HOSPITALSb. Nursing/Residential Homes

b. For Nursing/Residential Homes -1 spaceminimum.

No requirement but thought should be given withinthe design process to the storage and parking ofmotorcycles within any housing development;

Dwelling HousesC3

1 space per 300 pupils (1 space minimum);Primary SchoolsD1

1 space per 300 pupils (1 space minimum);Secondary SchoolsD1

1 space per 200 pupils (1 space minimum);Further Education and CollegesD1

1 space minimum;Health Centres, Clinics and DayCentres

D1

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MOTORCYCLE/ MOPED/ SCOOTER PARKINGSTANDARD (Gross sq.m)


1 space per 50 seats (1 space minimum);Places of WorshipD1

1 space per 20 staff (1 space minimum); PLUS spacefor visitors;

Museums, Galleries, PublicExhibition Halls

D1

1 space per 20 staff PLUS 1 space per 300 publicseats;

Assembly and LeisureD2

1 space per 20 staff PLUS additional spaces agreedas part of the Transport Assessment for spectatorsand visitors.

Stadia

Car Free and Low Car HousingDevelopment

9.64 Within urban areas where accessibility isgenerally high and there is good availability of publictransport and essential facilities, there may be theopportunity to promote totally car-free housingdevelopments or low car schemes where vehiclesare shared by way of Car Clubs. This would supportobjectives of reducing reliance upon the private carand the promotion of sustainable development. TheCouncil has granted permission for new housingdevelopments within Halifax Town Centre and otherlocations, which do not have car parking associatedwith them. However, there may be demands fromresidents to seek to have a car and to park theseeither on-street or in Council car parks. Thisundermines the overall aim of car free housingdevelopments. It may, therefore, be necessary tointroduce parking controls alongside new car freehousing developments to ensure that they remaingenuinely 'car free'.

9.65 Car Clubs are becoming popular throughoutEurope, and have potential for development withinthe UK. They can reduce car dependence, createmore sustainable patterns of development, makemore efficient use of land and promote good designin new housing developments, all of which supportthe Council’s planning objectives. The Yorkshire andHumber Assembly published a Good Practice Guidefor Low Car Housing Schemes in January 2002, whichshould be referred to in developing any Car ClubScheme.

9.66 This type of housing development will onlywork where there are management controls in placeto ensure compliance as follows:-

i. residents must be made aware that by living ina designated car free development or Car ClubScheme development they do not qualify forResidents’ Parking Permits;

ii. residents must be required to provide anundertaking not to keep a car either within thedevelopment or on-street within the District;

iii. the developer should enter into a legalagreement with the Council confirming the carfree or Car Club Scheme status of thedevelopment; and

iv. adequate on-street parking controls are in placeor are implemented before the development isoccupied.

9.67 As a result the following Policy will apply:-

Policy T 21

Car Free and Low Car Ownership Housing

Planning permission will be granted for CarFree Housing or for Low Car OwnershipHousing development where:-

i. the development is located where thereis good access to public transport andlocal services and where there arecomplementary on-street parkingcontrols;

ii. it can be demonstrated that thedevelopment will remain genuinely carfree or low car owning over the longterm (implementation of this will besecured through conditions or aplanning obligation);

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iii. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems; and

iv. the development complies with therequirements of other relevant UDPpolicies.

Garage and Car Parking Courts

9.68 Car ownership in Calderdale is growing, atrend that is expected to continue throughout the Planperiod and beyond. However, many dwellings inCalderdale do not have off-street car parking facilities,leading to problems of on-street car parking,congestion and problems for pedestrians, privatevehicles and for public transport alike. This problemis particularly acute in the areas of older housing andin outlying villages. There is also a large number ofgarage courts serving these areas but developers areseeking alternative uses for many of them. Whilstredevelopment of these sites would be supported asbrownfield development it is important that they areretained wherever necessary, in order to provide aparking facility for local residents and to reduceon-street parking.

9.69 However, not all garage courts are requiredfor their original purpose as they are unused orderelict and alternative uses for them would assist inbringing the land back into productive use. As a resultthe following Policy will apply:-

Policy T 22

Development of Garage Courts

Proposals involving the loss or partial lossof garage courts will be permitted:-

i. where there is clearly no need for thegarages;

ii. their loss will not lead to congestion ora road safety hazard;

iii. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems; and


The Movement of Freight

9.70 The growth in the number and size of goodsvehicles has led to deteriorating environmentalconditions and damage to the road network overrecent years. The use of 44 tonne vehicles on Britishroads could further increase problems associatedwith intrusion through noise, vibration and the physicalscale of vehicles.The movement of freight is essentialfor the well being of the local economy and in supportof the just-in-time economy, but it is important thatsuch movements do not detrimentally affect theenvironment or lead to a degradation of the District’sheritage. Alternative modes of transporting freight doexist, notably the railways and canals, andmanufacturers and hauliers can contribute tosustainable development and improvingenvironmental conditions and reducing congestionby transferring bulk and long distance loads to thesemodes. Within the urban areas there may also bepossibilities for the transfer of goods from largervehicles to smaller ones, which may be moreappropriately proportioned for the town centres. It isrecognised that the transfer of freight to other modeswill be slow unless there is significant legislation toencourage their use.

9.71 Whilst road and rail are likely to be thedominant modes in the movement of freight inCalderdale, the Calder and Hebble Navigation andthe Rochdale Canal do provide some scope for thebulk movement of goods, waste or minerals. Whilstit may be that the waterways will always be marginal,in order to protect the environment and to relievehighway conditions, their potential to move freightmust be safeguarded and utilised where appropriate.

9.72 In conjunction with its partners, in preparingthe WYLTP, special emphasis has been placed uponthe development of a Strategy for the SustainableDistribution of Freight. In order to support this Strategythe following Policies will apply:-

Policy T 23

Lorry Routeing, Parking and Signing

Lorry routeing, parking and signing in orderto reduce the environmental intrusion ofgoods vehicles into sensitive areas, reducecongestion, assist in traffic management andpromote the sustainable distribution offreight will be considered and any schemesfound to be appropriate implemented.

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Policy T 24

Use of Waterways and Railways for FreightMovement

The use of rail or waterways as alternativesto road freight transportation, particularlyfor the bulk movement of minerals, waste orother freight, will be permitted where theoverall environmental and sustainabledevelopment advantages outweigh localproblems, subject to the following criteria:-

i. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems; and

ii. the development complies with therequirements of other relevant UDPpolicies.

9.73 Another aspect of concern is that caused bylorry parking, especially overnight, at inappropriatelocations. The 'Operators Licence' system operatedby the Traffic Commissioners, for which the Councilacts as a consultee, provides scope for the control ofparking and the use of operating routines. Wherethese facilities require planning permission theCouncil will be mindful of the need to ensure that theyare located in an appropriate area such as within aPrimary Employment Area, other industrial area,within a complex of non-residential buildings or whereenvironmental problems can be minimised.Therefore:-

Policy T 25

Goods Vehicle Operating Centres

Goods vehicle operating centres and parkingfacilities will only be supported where:-

i. the location is appropriate to such ause;

ii. there is an operational need for thefacility;

iii. the development creates nounacceptable environmental, amenity,safety or other problems; and


Helicopters

9.74 The use of helicopters is becomingincreasingly common, particularly in business, butalso within the emergency services. The impact ofthe helicopter in terms of noise and intrusion bothvisually and in terms of privacy can be severe, and itis therefore important that these are mitigated bystrong planning policies. The use of this mode oftransport is not being actively encouraged as it isintrusive and unsustainable. However, it is acceptedthat there may be an economic case for their use insome circumstances where entrepreneurial spirit canassist in the development of the economy ofCalderdale, or where the provision of facilities for theemergency services may be considered to outweighenvironmental concerns. As a result it is importantthat where an application for landing facilities issubmitted to the Council, the UDP provides someguidance. Within the context of Listed Buildings andConservation Areas, or Sites of Special ScientificInterest or nature conservation value, the effects ofhelicopter landing facilities will need to be weighedcarefully to ensure that development preserves orenhances the environment. The following Policy willtherefore apply:-

Policy T 26

Helicopter Landing Facilities

Proposals for helicopter landing facilitieswill only be permitted where they complywith the following criteria:-

i. it can be demonstrated that there is aneconomic or operational need for thefacility, which could be considered tooutweigh the environmental disbenefitsassociated with the development;

ii. the development creates nounacceptable environmental, amenity,safety or other problems;

iii. satisfactory arrangements can be maderegarding ground traffic and servicingarrangements;

iv. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings,Historic Parks, or Scheduled AncientMonuments or their settings, wherethese are material considerations;

v. the development does not cause harmto a Site of Special Scientific Interest,

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a Site of Ecological or GeologicalInterest, or an area of recognised natureconservation value; and

vi. the development complies with therequirements of other relevant UDPpolicies.

Safeguarding Aerodromes and Air TrafficTechnical Sites

9.75 Under the requirements of DfT/ODPM Circular1/2003, 'Safeguarding Aerodromes, Technical Sitesand Military Explosives Storage Areas', the Councilis required to put in place a policy protecting thesesites from inappropriate development. Calderdaledoes not posses any Military Explosives StorageSites, nor does it fall within the protection area forany such site outside the District. As a result thissection deals purely with the safeguarding ofaerodromes and technical sites.

9.76 The main elements of concern arising fromthis Circular are the wind turbine consultation zoneand the Aerodrome Safeguarding Map (concernedwith building heights) for Leeds/Bradford Airport (LBA)and the protection zone for the technical area(concerned with air traffic control) at Hameldon Hill,between Burnley and Accrington in Lancashire. Theareas shown on the Proposals Map are neither theresponsibility nor the proposal of the Council.

9.77 The Safeguarding Zones for Leeds/BradfordAirport and the Leeds/Bradford Airport Wind TurbineConsultation Zone are shown on the Proposals Map.All planning applications or development proposalsfor buildings, structures, erections and works fallingwithin the criteria laid down within ODPM Circular1/2003 are subject to consultations with the airportor site operator as follows:-

Within the LBA Safeguarding Zone the criteriafor Calderdale indicate that consultations arenecessary where the development proposalsfor buildings, structures, erections and worksproposed are over 45 metres high.Within the LBA Wind Turbine Consultation Zoneapplications for wind turbine proposals within30 km of the airport are subject to consultationwith the Airport Operator. The 30 km radius isa guideline to indicate that statutory consultationis necessary. However, depending upon theterrain, proposals beyond 30 km may sometimesprove to be problematic to aircraft safety andthe operations of the airport. The Council will

liaise with the Airport Operator in respect of windturbine proposals in excess of 30 km to assesswhether the Airport Operator wishes to beformally consulted on these proposals as wellto ensure that air safety is taken into account inthe determination of proposals. The AirportOperator will take the cumulative effects of windturbine developments into account.

9.78 The development of tall buildings, erections,structures or works can be a physical obstacle toaeroplanes and in addition to the physical obstaclethat wind turbines can produce, the rotating bladescan create certain problems particularly from theelectro-magnetic fields, which may cause interferencewith navigation and aeronautical systems. Theamount of interference depends on the number ofturbines, their size, construction materials and locationand on the shape of their blades.

9.79 With respect to the Hameldon Hill TechnicalSite, consultations will be required for different heightsof development depending upon their location withinthe safeguarded zone. This is because of therefracting effects of buildings upon radar signals andtherefore the interference that can be caused affectingair safety. It is not intended to show the detailedzoning on the Proposals Map. However, generallywithin the Calder Valley and the towns lying within itheight consultations will only be necessary fordevelopment in excess of 45.7 metres high. On partsof the high moorland, over 390 metres elevation, allplanning applications will be referred for consultation.There is a sliding scale for consultations for varyingheights of buildings.The detailed maps are kept withinPlanning Services and may be consulted duringnormal office hours.

Policy T 27

Safeguarding Aerodromes and Air TrafficTechnical Sites

Officially safeguarded areas have beenestablished for Leeds/ Bradford Airport andthe Hameldon Hill Technical Site. Certainapplications for development will be thesubject of consultation with the operator ofthe aerodrome or technical site andrestrictions in height, or detailed design ofbuildings or development (likely to create abird strike hazard) may be necessary as setout in DfT/ODPM Circular 1/2003.

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10 Infrastructure, Education andCommunity Facilities

Introduction

10.1 Infrastructure is essential to the wellbeing ofthe District. This includes schools and colleges,community halls, hospitals, health centres andsurgeries, nursery units, accommodation fordisadvantaged persons and other uses required toserve the community such as highways, floodprevention measures, landscaping, public and otherforms of non-car borne transport, nature conservationand other elements. These add to the quality of lifeof Calderdale’s residents and help make the Districta place where people want to live, work and visit.Support for these facilities is therefore an importantpart of the Council’s Vision. Improving education isat the forefront of the Corporate Priorities and it isnecessary to provide a planning framework for theconsideration of the land use needs of these facilities.

Infrastructure and Facilities Necessitatedby New Development

10.2 Some developments place significant 'costs'on the local community, which must be taken intoaccount when determining any planning application.Under the Planning and Compulsory Purchase Act(2004) the Council has the right to seek to enter intonegotiations to seek agreement to ameliorate these'costs' and rectify problems that may have otherwiseled to the refusal of the planning application. Innegotiating with applicants, the Council may seekmodifications or improvements to applications or enterinto agreements to overcome planning objections ormeet the 'costs' to the community imposed by thedevelopment. The provision of any facilities or worksthat are regarded as necessary to cater for the needsgenerated by a development should be related to theneeds in the local area, rather than across the Districtand should be timed to meet the demand generatedby the development. ODPM Circular 05/05 ‘PlanningObligations’ sets out the framework for the use ofplanning obligations.

10.3 There are a number of situations where theCouncil will enter into negotiations with developersin order to ensure that the costs of the developmentimposed on the community are borne by thedeveloper as follows:-

educational provision: where nearby or localschools are unable to cater for children arisingfrom a new housing development;

road infrastructure: where local highways needchanges such as junction improvements ortraffic signals to facilitate access, reducecongestion or improve traffic flow in connectionwith the development;contributions to public transport or other modesof transport, (including cycling and walking)which will assist in ensuring the development iswell served by alternative modes of transportgiving opportunities for non-car borne travel;open space provision: where there is a need todevelop open space in association with newdevelopment, particularly housing, in order toprovide adequate leisure, recreation andamenity facilities to ensure a high qualitydevelopment;other infrastructure: including sewerage, floodprevention, drainage or utilities: where theinfrastructure is inadequate to support theadditional demands placed upon the system bythe new development; andnature conservation provision: where there is aneed to provide new wildlife habitats or enhancethe existing nature conservation value.

10.4 During negotiations it will become clearwhether the matter can be resolved by the use ofconditions or 'Grampian Conditions', or by planningobligation/agreement.

10.5 Planning obligations or conditions can be usedto ensure that facilities or infrastructure are put inplace before the development makes a demand uponit, and can also be used to phase development toenable infrastructure to be provided alongside newbuilding. The infrastructure or facilities may be eitherprovided directly by the developers or through theuse of commuted payments by the Council or otherparty. Commuted payments will normally be the casein respect of educational requirements.

10.6 ODPM Circular 05/2005 'Planning Obligations'states that a planning obligation must be:

i. relevant to planning;ii. necessary to make the proposed development

acceptable in planning terms;iii. directly related to the proposed development;iv. fairly and reasonably related in scale and kind

to the proposed developments; andv. reasonable in all other respects.

10.7 In order for Planning Obligations to beacceptable the Secretary of State requires that theyare only sought where they meet all of the tests setout above. In addition the Council considers that

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developers should not be expected to remedy existingdeficiencies, only those relating to their development.Planning obligations can be used for a number ofdifferent purposes such as:

i. prescribing the nature of the development toachieve planning objectives; (examples of thistype of obligation would be for the provision ofaffordable housing);

ii. mitigating the impact of a development;(examples of this type of obligation would be forinadequate access, highway infrastructure,public transport, or community infrastructuresuch as school classrooms); or

iii. compensating for the loss or damage causedby a development; (examples of this type ofobligation may relate to the replacement of abiodiversity habitat, open space, loss of anemployment site or right of way.

Supplementary Planning Documents (SPDs) providingguidance for planning obligations relating to'Affordable Housing', 'Open Space', and 'DeveloperContributions Towards Meeting Education Needs' arein preparation. Other matters which may require aspecific SPD on planning obligations will bedeveloped as necessary in accordance with theCalderdale Local Development Scheme.

10.8 In order to provide a policy framework forthese matters, the following Policy will apply:-

POLICY GCF 1

INFRASTRUCTURE AND OTHER NEEDSARISING FROM DEVELOPMENT

ALL EDUCATION, HIGHWAYS, SEWERAGE,DRAINAGE, FLOOD PREVENTION,LANDSCAPING, OPEN SPACE, NATURECONSERVATION, PUBLIC TRANSPORT OROTHER IDENTIFIED NEEDS GENERATEDDIRECTLY BY ANY DEVELOPMENT WITHINA LOCAL AREA SHOULD BE PROVIDED INA TIMELY MANNER BY THE DEVELOPEREITHER ON OR OFF SITE. CONDITIONS WILLBE IMPOSED, WHERE NECESSARY,TO THEGRANT OF PLANNING PERMISSION TOENSURE THE PROVISION OF ADEQUATEFACILITIES TO AN APPROPRIATETIMESCALE. ALTERNATIVELY A PLANNINGOBLIGATION MAY BE ENTERED INTO TOSECURE NECESSARY FACILITIES THROUGHEITHER DIRECT PROVISION AND/OR BY A

FINANCIAL CONTRIBUTION TO BE MADEFOR THE TIMELY PROVISION OF FACILITIESNEARBY.

10.9 The statutory undertakers providing water,sewerage, gas, electricity or other services andfacilities can have requirements for improvedstandards and services placed upon them byEuropean and national legislation. It is important that,in the public interest, these undertakers are allowedto upgrade their facilities, but such developmentshould not be at the expense of the local communityor the environment. As a result mitigation of anyadverse effects will be necessary to ensure theenvironmental or community effects are acceptable.

POLICY GCF 2

DEVELOPMENT ENABLING STATUTORYUNDERTAKERS

DEVELOPMENT WHICH WILL ENABLESTATUTORY UNDERTAKERS TO MEETTHEIR STATUTORY OBLIGATIONS AND TOCOMPLY WITH THE RELEVANTENVIRONMENTAL STANDARDS ENACTEDIN GOVERNMENT AND EUROPEAN UNIONLEGISLATION WILL BE PERMITTEDPROVIDED THAT MITIGATION MEASURESARE PUT IN PLACE TO ALLEVIATESIGNIFICANT ADVERSE IMPACTS FROMTHE DEVELOPMENT,THE DESIGN OF THEDEVELOPMENT RESPECTS THECHARACTER OF THE AREA AND THEDEVELOPMENT IS CONSISTENT WITH ALLOTHER RELEVANT UDP POLICIES .

The Strategic Framework for CommunityFacilities Planning

10.10 A broad variety of organisations includingthe public and private sectors and voluntary groupsprovide a wide range of community facilities that servethe needs of Calderdale’s residents. These facilitiesadd to the quality of life of Calderdale’s residents andcan assist in fostering economic prosperity and urbanrevitalisation by increasing community involvement.It is an aspiration that improvements in the provisionand quality of these facilities are continually madeand that facilities should be provided in locationsaccessible to the largest possible number of peoplewishing to use them. It is necessary to provide an


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overall strategic framework within which theconsideration of these facilities will be made.Therefore the following strategic objectives apply:-

POLICY GCF 3

STRATEGIC FRAMEWORK FOR COMMUNITYFACILITIES

THE PROVISION AND IMPROVEMENT OF AWIDE RANGE OF SOCIAL, COMMUNITY,EDUCATION, SPORTS, ARTS, HEALTH ANDOTHER FACILITIES TO MEET THE NEEDSOF ALL CALDERDALE’S RESIDENTS WILLBE SUPPORTED. SUCH FACILITIES SHALL:-

I. BE IN LOCATIONS WELL RELATED TOTHE COMMUNITY AND USERS THEYARE INTENDED TO SERVE;

II. BE ACCESSIBLE BY GOOD QUALITYPUBLIC TRANSPORT, PRIVATETRANSPORT,WALKING AND CYCLING;AND

III. CREATE NO UNACCEPTABLEENVIRONMENTAL, AMENITY,TRAFFIC,SAFETY OR OTHER PROBLEMS.

Education

Improving Attainment in Schools andStandards of Education

10.11 The Council’s first corporate priority is toimprove attainment in schools and standards ofeducation. This priority is in line with theGovernment's agenda and is the main focus of theDepartment for Education and Skills (DfES). Inrelation to the Council’s own priorities and pressuresfrom Central Government, the Council must be in aposition to respond to change.The following changeshave important implications for the use of land:-

Demographic Changes

The evolving structure of the population of Calderdalewill create the need to address changes in theprovision of school places. Throughout the Districtthere will be a need to modify, create or removeelements of school premises.There will be instancesduring the period of the Plan where new schools orreplacement schools will be built and others wherewhole schools will be closed. There is pressure fromCentral Government and the Audit Commission toremove surplus school places. The DfES state that

10% is an acceptable level for the Authority overall,however, each authority must submit plans to theDfES to show how they will reduce surplus capacityin individual schools with surplus places in excess of25. The Secretary of State for Education and Skills,the School Organisation Committee and the Learningand Skills Council will be the bodies approvingproposals to significantly change provision on schoolsites.

Legislation/Government Initiatives

Legislative changes and Central Governmentinitiatives will result in change to the way educationis delivered across Calderdale. Changes such as theGovernment plans to increase the number ofspecialist colleges or the creation of the Learning andSkills Council will have an impact on the delivery ofthe education service including the Youth Service andAdult and Community Learning Service during theperiod of the Plan. The introduction of the DisabilityDiscrimination Act (1995) and the Special EducationNeeds and Disability Act (2001) will have a significantimpact on developments at education premises. Otherinitiatives impacting on delivery of the educationservice will also come forward during the Plan period.

Education Development Plan

The DfES requires the Council to produce anEducation Development Plan (EDP) in which it mustreassess its policies for the provision of education ona three year rolling programme. The purpose of theEDP is to show how the Council will raise standards.The next plan is 2002-2007. Any elements of the planthat may change the delivery of the curriculum inschools may trigger a requirement to modify schoolpremises or grounds.

Schools Asset Management Plan

The DfES requires the Council to produce an AssetManagement Plan (AMP) to provide them withcomprehensive, accurate and consistent data on thecondition, suitability and sufficiency of all maintainedschool premises. Capital funding is allocated on thebasis of the AMP data to invest in school premisesto improve the quality of the building stock.

School Organisation Plan

The DfES requires the Council to produce a SchoolOrganisation Plan (SOP) covering a five-year period.The SOP, which is revised on an annual basis,provides information relating to the supply of school


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places in the District. The Plan is used by the SchoolOrganisation Committee to help them make decisionsin relation to school organisation matters.

10.12 All these considerations have widespreadeffects upon the use of schools sites and facilities. Inresponse to the changing demands on the educationservice the Council must seek to ensure that futureneeds of education are properly co-ordinated with theland and building requirements. These aims are setout in the following Part One Policy:-

POLICY GCF 4

MATCHING SCHOOL FACILITIES TOEDUCATIONAL NEEDS

IN ORDER TO ENSURE THAT THE RANGEAND QUALITY OF SCHOOL SITES,BUILDINGS AND FACILITIES MATCH THENEEDS OF EDUCATION IN CALDERDALE,THE COUNCIL WILL CONTINUE TOPREPARE AND (SUBJECT TO THEAVAILABILITY OF RESOURCES) IMPLEMENTDEVELOPMENT PROGRAMMES. IN MEETINGTHIS OBJECTIVE,THE COUNCIL WILL:-

I. ACHIEVE THE IMPROVEMENT OFSCHOOL PREMISES IN NEED OFALTERATION, REPAIR ORMAINTENANCE TO MEET THECHANGING REQUIREMENTS OFCURRICULUM DELIVERY ANDCOMMUNITY USE;

II. CREATE NEW OR EXTENDEDSCHOOLS IN AREAS OF NEED; AND

III. CLOSE EXISTING SCHOOLS WHERETHE EXISTING PROVISION IS NOLONGER NECESSARY OR MOSTAPPROPRIATE.

10.13 As part of its long term planning foreducation, the Council prepares a number of plansthat have implications for the use of school's land andbuildings. To assist in developing these plans on aconsistent basis across the District the followingPolicy will apply:-

POLICY GCF 5

CRITERIA FOR PREPARING EDUCATIONINFRASTRUCTURE PROGRAMMES

PROGRAMMES FOR THE PROVISION OFNEW, REFURBISHED OR EXTENDEDEDUCATIONAL BUILDINGS AND FACILITIES,IN LINE WITH THE COUNCIL’S ASSETMANAGEMENT PLAN AND THE SCHOOLS'ASSET MANAGEMENT PLAN, WILL BEPREPARED AND BE SUBJECT TO THEFOLLOWING CRITERIA:-

I. THE DESIGN AND LOCATION OF THEPROPOSED WORKS ENHANCESCOMMUNITY USE OF THEEDUCATIONAL PREMISES;

II. THE PROPOSALS INCORPORATEADEQUATE SPACE TO MEET THEEDUCATIONAL NEEDS OF THECURRICULUM OFFERED;

III. THE PROPOSALS, WHEREAPPROPRIATE, INCORPORATEADEQUATE CAR PARKING, SERVICINGARRANGEMENTS AND APPROPRIATEFACILITIES TO ACCOMMODATEPUBLIC TRANSPORT;

IV. THE PROPOSALS INCORPORATEINCLUSIVE DESIGN ELEMENTS TOENSURE REASONABLE ACCESS FORTHE DISABLED;

V. THE PROPOSALS WOULD NOT CAUSEAN UNACCEPTABLE LOSS OFAMENITY TO THE OCCUPIERS OFPROPERTY AROUND THE SITE;

VI. THE PROPOSALS WOULD, WHEREREASONABLE, BE DESIGNED IN LINEWITH THE DFES BUILDING BULLETINS;

VII. THE PROPOSALS WOULD CREATE NOUNACCEPTABLE ENVIRONMENTAL,AMENITY,TRAFFIC, SAFETY OROTHER PROBLEMS; AND

VIII. WOULD BE CONSISTENT WITH OTHERRELEVANT UDP POLICIES.

Schools and Housing

10.14 Significant new housing developments ordemographic changes may create additional, localiseddemand for new or extended school facilities. In thisrespect the Council will seek to identify and safeguardsuitable sites and ensure that future population and


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land use changes are properly co-ordinated with theireducational requirements. Major new housingdevelopment will be generally acceptable where thereis an adequate supply of appropriate school placesas far as practicable. POLICY GCF 1 gives theCouncil the ability to negotiate with developers forcontributions towards education facilities (and othernecessary infrastructure), to ensure that therequirements of Policy CF 1 are met. A separateSupplementary Planning Document is also inpreparation. As a result:-

Policy CF 1

Co-ordination of Schools and Housing

As far as is reasonable within the changingprovision of the education service andprogrammes of capital projects involvingschool premises and grounds in relation tocreation, refurbishment, remodelling and/orreplacement, the Council will seek to ensurethat school facilities and housingdevelopments are properly co-ordinated.New housing will only be acceptable in areaswhere the provision of school places, eitherexisting or with enhancement, can meetincreased demand resulting from the housingdevelopment subject to the requirements ofother relevant UDP Policies.

New Schools and Other Proposals

10.15 The changes identified above in paragraph10.11, are creating new demands, pressures andopportunities on the premises and sites used in thedelivery of the education service. Much ofCalderdale’s building stock was erected in Victoriantimes. These buildings along with the 1950’sbuildings, in some instances, are in need of capitalinvestment to remodel, refurbish or replace them inorder to improve the condition of the fabric of thebuilding and to provide suitable spaces within theschool building to enhance the teaching and learningenvironment. There are additional requirements toensure there are adequate and suitable outdoorfacilities to meet the needs of the service providers.Importantly, there will be a requirement that allbuildings meet the Disability Discrimination Act (1995)and the Special Education Needs and Disability Act(2001). There are cases where small schools servean area, but individually, the sites and premises donot adequately meet modern requirements. In theinterests of improving attainment in schools and

standards of education, removing surplus places andproviding value for money, rationalisation onto a fewernumber of sites with enhanced or increased facilitiesmay represent the best way forward. Conversely,some schools have reached or are beyond theircapacity. Other factors influencing sites and buildingsinclude the development of specialist colleges andthe formation of the Learning and Skills Council, whichwill impact upon the planning and organisation ofpost-16 provision. All maintained schools have theresponsibility for repair and maintenance of schoolpremises.

10.16 The development of policy for the provisionof education in Calderdale will result in the need forsome schools to be extended on existing sites or incertain cases for completely new sites to be provided.The Council’s School Organisation Plan, AssetManagement Plan and Class Size Plan set out thestrategies for the provision and replacement ofeducational facilities throughout the District. Theseplans form the basic strategy but are to be takenalongside the Council’s other policies and priorities.

10.17 In line with guidance provided by the DfESnew or extended school premises and grounds shouldbe of an adequate size and configuration, whereverpossible, to provide the recommended floor space,open space, car parking, access and serviceprovision. The sites, through their development,should enhance an area and should be in conformitywith other UDP policies.

10.18 The Council will seek to replace temporaryaccommodation with permanent buildings. Due tochanging demographics the Council will seek toprovide additional temporary classrooms on someschool sites.

10.19 The Council identified a CommunityComprehensive Improvement Area at Wellesley Park,which is now the approved site for one of the fivePrivate Finance Initiative (PFI) schools in theCalderdale Schools PFI Project. The followingprojects, which are all now completed and operationalare therefore identified. The proposal for Moorside J,I & N School is currently seeking funding :-


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Policy CF 2

New Schools and Other School RelatedProposals

The following five education relateddevelopment projects are committed as partof the Calderdale Schools PFI Project or aresupported by the Council and DfES, and areidentified on the Proposals Map:-

1. Wellesley Park for a new build schoolwith the potential remodelling /demolition of existing buildings andenhanced sports and othercurriculum/community facilities for TheHalifax High School. Planningpermission has now been granted forthis project and work is expected tocommence November 2003.

2. Savile Park Primary School (Halifax) willbe relocated to the Haugh Shaw site.The replacement school building forSavile Park will require the demolitionof the Haugh Shaw buildings and theconstruction of new school buildingsand external areas to provide enhancedprovision for curriculum, sports andcommunity use. Planning permissionhas now been granted for this projectand work is expected to commence inOctober 2003.

3. South Halifax High School (Exley) willbe remodelled, refurbished or rebuilton the existing site with enhancedsports and other curriculum/communityfacilities. Planning permission has nowbeen granted for this project and workis expected to commence in January2004.

4. Ryburn Valley High School will berebuilt on the existing school site withenhanced sports and othercurriculum/community facilities.Theexisting school premises will bedemolished and reinstated as externalschool provision. Planning permissionhas now been granted for this projectand work is expected to commence inAugust 2003.

5. Sowerby Bridge High School will berefurbished, remodelled and providedwith new build sports and othercurriculum/community facilities.

Planning permission has now beengranted for this project and work isexpected to commence in August 2003.

In addition the following proposal will bebrought forward using targeted capitalfunding from the DfES: -

Moorside Junior, Infant andNursery Schools.

Longer Term Education FacilitiesProposals

10.20 The Council is continuing to support asubstantial programme of works in schools. Increasedamounts of substantial sums of capital investmentcontinues to be made available by the DfES to allowlocal authorities to plan long-term capital investmentschemes for schools.

10.21 The production of the Statement of Priorities(StOP) is a dynamic document that provides anexplanation about capital expenditure for schools inCalderdale and sets out the planning framework forcapital investment to identify the funding of mid andlong term major projects.The current StOP identifiesprojects that will be focused to deliver whole schoolimprovements over the next three years.

10.22 The 2006/07 Capital Programme

Hipperholme & Lightcliffe High School.Phase II. The work has now commenced andwill lead to a significant modernisation for theschool, comprising new library, CDT rooms,changing room facilities and improved receptionand administration area. This work will alsoimprove access for pupils with disabilities.Siddal Primary School. The work involved atotal refurbishment of the 1960’s existingbuilding, together with a new build children’scentre attached to the existing building. Thework has resulted in wholesale classroomimprovements, circulation and outdoor play.Thenew school was occupied on 6 June 2006. Theold Victorian school formerly occupied by juniorpupils has now been sold.New Road Primary School. This scheme wascompleted at the end of March 2006.The schoolhas undergone complete internal refurbishmentwork and includes a children’s centre that hasbeen partly funded through the early year’sprovision.


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Rastrick High School. The capital allocationfor this scheme has provided the school with anew extension which houses enhanced sixthform facilities, together with extensiverefurbishment to existing classroom provision.The scheme included Access Initiative fundingto provide adaptations to improve access forpupils with disabilities. The whole work wascompleted in April 2006.Todmorden High School. It has beenrecognised by the Authority that this secondaryschool is at the top of the list for completereplacement. Essential work is needed in orderto keep the school running until major capitalfunding can be obtained. Phase II of the capitalprogramme to provide additional sciencelaboratories was completed in May 2006.

10.23 The capital programme for 2006/7 hasconcentrated resources on single schoolimprovements. These comprise the following:-

Carr Green Primary School. This projectinvolves complete roof renewal, removal ofasbestos ceilings, refurbishment of electricalwiring and light fittings and new fire alarmsystem. The work is complex and is currentlybeing specified. Commencement will bedependent upon the defined feasibility study.Prior to the work commencing plans for a schooldecant will need to be effected.Scout Road Primary School. This project isgeared to whole school modernisation and willinvolve the removal of two temporaryclassrooms and replacement with new build.This is likely to be a difficult project because ofthe nature and location of the school (on theside of a hill). Improvements include totalmodernisation of the existing facilities includingthe integration of the former caretaker’s houseto be developed as a new administration blockand entrance area.Cliffe Hill Community Primary School. Thisschool has been identified as having structuraldefects which necessitates replacing the wholeschool. However, the planned proposals involvedecant into modular accommodation in the firstinstance. This is currently being planned.Running parallel with this work will be afeasibility study to detail new primary schoolbuild proposals (subject to obtaining necessarycapital). Once pupils have been relocated theold school will be demolished. In essence thisis a three phase proposal.

Bradshaw Primary School (Infant Building).This project has resulted from the identificationof a serious roofing problem: the school hasbeen flooded on several occasions in the lastyear.The work comprises complete replacementof the roof and includes improved insulation,removing of light fittings and new suspendedceilings.Luddendenfoot J & I School. Initially fundingfor the renewal of the school roof had been setaside for 2005/6. However, in the developmentof this planned work it became clear that thiswas not the most effective solution for theteaching environment of the school. Therefore,included in the work will be modernisation ofteaching environment, circulation andadministration facilities.Calder High School. DfES capital fundingunder the umbrella of the 14 to 19 agenda hasled to proposals that involve refurbishingperforming arts facilities including the schooltheatre.

10.24 Potential Schemes 2007/2009

Although these following schemes are identified inthe StOP for capital investment, they will be subjectto an annual review, in order to respond to changesin circumstances, e.g. where emergencies occur andunforeseen structural problems:-

Carr Green J, I & N School – Phase II;Luddendenfoot J & I School – ModernisationPhase II;Scout Road Primary School – ModernisationPhase II;Cliffe Hill Community Primary School – Healthand Safety Work Phase II;The North Halifax Grammar School – 14-19Agenda (Modernisation);Heptonstall J & I School – Modernisation;Ripponden J & I School – New Pupils PlacesScheme;West Vale Primary School – Modernisation;St Mary’s CE (VC) J & I School – Modernisation;Salterhebble J & I School – Modernisation;Triangle CE (VC) Primary School –Modernisation;Brighouse High School – 14-19 Agenda(Modernisation);Bowling Green J & I – New Pupil PlacesScheme;West Vale Primary School – ModernisationPhase II;


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Community Use of School Facilities

10.25 Schools and other educational premisesrepresent a valuable resource in terms of land andbuildings. The Council supports the wider use ofschool facilities for community purposes. Inconsidering the existing use of schools and proposalsto expand or relocate schools, the Council will takeaccount of existing or potential use for localcommunity facilities. Therefore the following Policywill apply:-

Policy CF 3

Use of Schools for Community Purposes

Opportunities to open up existing schoolsand their playing fields to wider communityuse will be encouraged, supported anddeveloped where such use results in nounacceptable amenity, environmental,amenity, safety or traffic problems. Whereplanning permission is required for new usesthese should comply with the requirementsof all relevant UDP policies.

Surplus Education Land and Buildings

10.26 Policy CF 3 refers to the open space aroundschools, both as a means of assisting in the provisionof the national curriculum and also as a resource forwider community use. The Council will not considerthe release of such open space for alternative useswhere there is a demonstrable need for the facilities.The Council will not, however, exclude the alternativeuse of open space if it is deemed appropriate orbeneficial. However, such consideration will need tobe in the context of a District wide assessment offormal and informal recreational and leisure needsas advised by PPG17 'Planning for Open Space','Sport and Recreation' (2002). Where the land isproven to be surplus it will be released from educationuse. However, the potential for wider community useof the facilities should be considered before finaldisposal. Any decision will be made in line with theCouncil’s Asset Management Plan, the Schools AssetManagement Plan, the School Organisation Plan andin the light of the formal assessment of recreationaland leisure needs. Similarly, any whole school sites,including buildings which have become surplus torequirements, will be brought forward for alternativeappropriate use once those uses have beenassessed. The Council will ensure that the releasedsite is not required for other alternative Council uses

prior to disposal and will seek in the first instance toassess whether alternative community use of thebuildings or site would be appropriate before disposal.Any new use for the site will need to be consistentwith UDP Policies. Local authorities and/or schools’governing bodies need to seek the consent of theSecretary of State for Education and Skills to disposeof, or change the use of, land used or formerly usedby schools. The DfES take this action to ensure thatexisting school playing fields are protected to providefor future needs of schools and their communities(Section 77 School Standards and Framework Act(1998)). Therefore:-

Policy CF 4

Release of Surplus Educational Land andBuildings

Where Council owned educational land andbuildings are no longer required in line withthe Schools Asset Management Plan, theywill be referred to the Secretary of State forEducation and Skills for disposal consentand further to the Council’s AssetManagement Plan Team. Alternative useswill be considered which seek to retain theschool playing fields in public or communityuse to meet identified needs within thecommunity, before their final loss isaccepted. New uses for the surplus sites willbe considered in the context of all relevantpolicies within the UDP.

Village Shops, Post Offices, PublicHouses and Hotels

10.27 These provide necessary local facilities,within both rural and urban areas, which can give thebasis for social interaction and a focus for thecommunity The loss of a shop, post office, publichouse or hotel, through its closure or through itschange of use, can lead to problems of decliningsocial interaction, feelings of isolation and abreakdown in the community. However, these usesare commercial enterprises and cannot operate as aloss making concern without subsidy. If an owner oroperator wants to close their facility they may do soimmediately without reference to either the localplanning authority or the licensing magistrates (exceptin the case of post offices where notice must be


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given). Only when a developer, be it the owner orother party, wishes to change the use of the buildingdoes the planning system become involved.

10.28 In some settlements the community may wishto seek to operate a village store or public house thatis under threat of closure as a co-operative or othercommunity owned enterprise.This would ensure thatthe facility is secured for community use and continueto provide a useful service within the village.Community or co-operative management of a hotelmay not be a feasible prospect. However, the Councilwould wish to consider whether there is scope foralternative management or operation of these largerfacilities, which benefit the local community as well.The Council is keen to ensure that all alternativemethods of management have been explored andruled out before a grant of permission is given.

10.29 The consideration of the planning applicationcan look at the viability of the facility as a materialplanning consideration, and therefore, it is essentialthat a suitable framework is developed for theconsideration of planning applications involving theloss of these facilities. The following Policy willtherefore apply:-

Policy CF 5

Development Involving the Loss of VillageShops, Post Offices, Public Houses or Hotels

Planning applications for development(including change of use), which involve theloss of a village shop, post office, publichouse or hotel, will be expected todemonstrate that:-

i. there is no need for the facility in thelocal area;

ii. that it is no longer a viable operatingbusiness;

iii. all reasonable efforts have been madeto retain the facility by investigating thepossibility of setting up a communityowned and managed enterprise; and

iv. there is no reasonable prospect of thebusiness becoming viable in the future.

Permission will be granted where the balanceof these considerations clearly shows thatthe facility is surplus to requirements oruneconomic, subject to the requirements ofall other relevant UDP policies.

Cemeteries

10.30 There are currently seven larger Councilowned cemeteries in Calderdale, in Halifax,Brighouse, Clifton, Rastrick, Elland, Sowerby Bridgeand Luddenden and small cemeteries at Norland andStainland, as well as a large number of burial groundsassociated with particular churches.These cemeteriescontinue to be in demand, but with the exception ofthe cemeteries at Stoney Royd in Halifax and atLuddenden, there is sufficient spare capacity to lastbeyond the plan period (2016). There are also anumber of inactive or closed cemeteries within theDistrict, an example being at Lister Lane in Halifax.

10.31 It is likely that the public will continue toexpect graves in a Council owned cemetery in Halifaxto be available in the future. As a result, the Council,in such circumstances, will need to find additionalland for its cemetery use, either as an extension ofthe Stoney Royd Cemetery, or elsewhere. However,it is feasible that additional space may be realisedwithin the existing Stoney Royd cemetery boundaryin order to meet any additional demand within theplan period. There may be demand for the provisionof cemeteries and burial grounds by the privatesector. As such Policy CF 6 allows for the provisionof these providing that they are appropriately sitedand are consistent with other UDP polices.

10.32 The use of land for cemeteries also has widerimplications, for instance, public health.They are alsosignificant as long-term, undisturbed havens forwildlife. The design, management and maintenanceof cemeteries in active use and also those which areinactive or closed should reflect these wide-rangingconcerns and be sympathetic towards the retentionof features of ecological interest, for instance, leavingor creating diverse natural borders with trees andshrubs and avoiding excessive tidying and pruningof undergrowth. Therefore, the following Policy willapply:-

Policy CF 6

Cemeteries

Existing and proposed cemeteries and burialgrounds (including proposed extensions)should be sited, designed, managed andmaintained in a manner which protectspublic health, is consistent with ecologicalprinciples and is sympathetic towards thecreation and retention of features of historic,


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landscape and ecological importance.Theproposals should also be consistent withother relevant UDP policies.

Social Services and Health Infrastructure

10.33 The Council is committed to achieving thebest quality of life that can be attained for all. Toaccomplish this objective, it has to be able to reactto the needs and aspirations of all groups andindividuals and to react to the changing structure andcharacter of the population.The Council has prepareda Community Care Plan, which states that “users ofour services are first and foremost. They have thesame values, rights and responsibilities as anybodyelse. Services should be aimed at giving them asordinary a life as possible by giving them support,guidance, and information to promote theirindependence”. Those who require these forms ofsupport are children, those with physical and sensorydisabilities, those with learning difficulties and thosewith mental health problems. The UDP can assist inmeeting the priorities of service providers by ensuringan adequate supply of land and criteria by whichapplications for planning permission will be assessed.

10.34 There is a determined effort to providedomestic scale accommodation within communitiesin order that residents might live as ordinary a life aspossible, rather than relying on larger scale collectiveaccommodation as in the past. However, appropriateaccommodation and facilities will be required for thosereceiving care and their carers. The following Policywill therefore apply:-

Policy CF 7

Collective Needs Accommodation andResidential/Nursing Homes

Proposals for collective accommodation forspecial needs groups or for formalResidential or Nursing Homes, will bepermitted where they meet the followingcriteria:-

i. the development is located, whereappropriate, within an existing urban orhousing area where there are facilitieseasily accessible to residents, includingprovision of shops, post offices, othersocial infrastructure, and good qualitypublic transport;

ii. the development does not contributeto an overconcentration of thesefacilities in order to ensure that theresidential character of the area is notcompromised;

iii. the development provides designfeatures (including health and safetyrequirements) and use of materialsappropriate to the proposed location,together with landscaping, outsideamenity areas, screening for privacy,car parking and servicing;

iv. the development provides appropriatesafe access and accommodation foremergency vehicles;

v. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations;

vi. the development creates nounacceptable environmental, amenity,safety, traffic or other problems; and

vii. the development complies with theprovisions of all other relevant UDPpolicies.

10.35 Day care facilities for children areincreasingly necessary to enable parents to return towork. It is important to ensure that the nursery orchildren’s care centres do not cause noise or trafficproblems. The following Policy will apply:-

Policy CF 8

Day Care Facilities for Children

Proposals for day care facilities for children(including childminders, private day carenurseries and playgroups) will be permittedwhere they meet the following criteria:-

i. development is well located withrespect to the community it is intendedto serve and is accessible by goodquality public transport and othermodes of transport including cyclingand walking;

ii. proposals incorporate adequate internaland adjacent external facilities forchild’s play, rest and activities;


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iii. the proposals are adequate toaccommodate the number of childrenand staff proposed;

iv. the proposals incorporate adequatesafe facilities for the dropping off andpicking up of children (these may beon-street or off-street, but shouldensure that road safety and congestionproblems are not created);

v. the amenity of neighbouring propertiesis safeguarded, particularly where theseare residential, business or office innature;

vi. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, where these are materialconsiderations;

vii. the development creates nounacceptable environmental, amenity,safety, traffic or other problems; and

viii. the development complies with theprovisions of all other relevant UDPpolicies.

10.36 Doctors’ surgeries, health centres anddentists’ practices need to be located as near aspossible to their catchment population. Conversionsto, or new-build surgeries should be locally accessibleby a range of means of transport and supportive ofthe principles of sustainable development. Largerfacilities will need to provide Travel Plans inaccordance with the requirements of Policy T 1.Therefore:-

Policy CF 9

Medical, Dental or Health Facilities

Proposals for medical, dental or healthfacilities will be permitted where they complywith the following criteria:-

i. the development is well located withrespect to the community it is intendedto serve;

ii. it is accessible by good quality publictransport and other modes of transportincluding cycling and walking;

iii. it provides satisfactory access for thedisabled;

iv. it preserves or enhances ConservationAreas and does not adversely affect

Listed Buildings or their settings, wherethese are material considerations;

v. it does not create any environmental,amenity, traffic, safety or otherproblems; and

vi. the development complies with theprovisions of all other relevant UDPpolicies.

(It may be necessary to submit a Travel Planalongside larger developments or those thatcould have significant traffic and travelgenerating effects. See Policy T 1).

10.37 The new Calderdale Royal Hospital willcontinue to be the focus for primary health care withinthe District and is likely to continue to develop overthe next few years. Whilst there are no specificproposals for this site, it is identified on the ProposalsMap for information purposes.The sites of the formerHalifax Royal Infirmary and Northowram Hospitalhave been developed for housing and ancillary openspace during the plan period, and the Proposals Mapreflects this position.

HM Prison Service

10.38 HM Prison Service is experiencing seriousovercrowding problems. As a result there is anongoing exercise being undertaken to identify areasof future need for additional prison accommodationthroughout England and Wales. West Yorkshire hasbeen identified as one area of strategic importancefor additional prison places. Whilst there are nospecific proposals being put forward by HM PrisonService for a new prison in Calderdale, it is importantthat the UDP sets out how the Council woulddetermine any planning application. DETR Circular03/98 'Planning for Future Prison Development' setsout how the Government view this issue of nationalimportance. The Circular gives priority to brownfieldsites, and insists that the original presumption againstinappropriate development within Green Belts shouldbe applied to prisons as well. Paragraphs 9 to 12 inthe Circular set out a number of ideal characteristicsthat any site should seek to display. These are:-

area of 16 hectares with a regular shape;be reasonably level;be not overlooked;be capable of accommodating 2, 3 or 4 storeybuildings;should normally be a brownfield site, althoughgreenfield may be acceptable in somecircumstances;


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should not be within the Green Belt unlessspecial considerations indicate otherwise;should be in a sustainable location, assistingobjectives of reducing the need to travel, nottoo far from the centre of population and havegood accessibility by public transport;have good access to the motorway or arterialtrunk road network; andhave readily available mains gas, electricity,water and sewerage services withoutunreasonably high cost.

By virtue of their size, new prisons are likely to fallwithin the requirements of the Town & CountryPlanning (Envi ronmental ImpactAssessment)(England and Wales) Regulations(1999).

The Council would expect any proposed prison facilityto generally comply with its design policies and allother relevant UDP policies, and not to cause anyunacceptable environmental, amenity, safety, highwayor other problems.

Major Leisure Uses and UrbanEntertainment Facilities

10.39 Leisure activities such as bingo halls,discotheques, dance studios, snooker halls,amusement arcades/centres, sports centres, fitnessstudios and public houses are important featuresadding to the variety and culture of the District. Someof these can be very significant in terms of theintensity of their use or the importance of the facilityfor the viability and vitality of town centres. It isimportant to ensure that they are properly located anddo not give rise to problems associated with noise,traffic generation and disturbance. Many of thesefacilities should be regarded as key town centre typeuses and should therefore be located within or closeto a town centre where accessibility is greatest andwhere they can contribute to the vitality and viabilityof the centre. The policy framework contained withinPPS6 'Planning for Town Centres', indicates thatthese uses should be subject to the sequentialapproach outlined in POLICY GS 2 and Policy S 1.PPS6 also sets out that the test of “need” for thedevelopment is essential for the consideration ofleisure facilities in the same way as it is for retailing.In addition, developments that seek to serve aparticular catchment area should be located within acentre that serves that same area. The purpose ofthe Policy is to ensure that the activities only takeplace in the most appropriate locations. Therefore:-

Policy CF 10

Major Leisure/Entertainment Uses

Proposals for major leisure/entertainmentuses will be supported provided that thefollowing requirements are met:-

i. where appropriate the need for thedevelopment is demonstrated;

ii. the location of the development isappropriate in terms of the sequentialapproach ( see POLICY GS 2 and PolicyS 1);

iii. it is accessible by good quality publictransport or other alternative modessuch as cycling or walking;

iv. there is no unacceptable loss ofamenity, particularly if the proposeduse is adjacent to or close to dwellings,schools, churches, hotels or hospitalsetc;

v. the proposals make provision for thecontrol of noise from the premises;

vi. adequate parking and vehicle turningis provided where appropriate;

vii. the detailed requirements of theproposed use, including hours anddays of operation reflect the characterof the area in which the use is proposedto be located;

viii. the scale of development is appropriateto the role of the centre and the size ofthe catchment that the developmentseeks to serve;

ix. it preserves or enhances ConservationAreas and does not adversely affectListed Buildings or their settings, wherethese are material considerations;

x. it does not create any unacceptableenvironmental, amenity, traffic, safetyor other problems and

xi. the development complies with theprovisions of all other relevant UDPpolicies.


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185Natural Environment and the Countryside

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11 Natural Environment and theCountryside

Introduction

11.1 The countryside of the District is one ofCalderdale’s most important resources. Over 80% ofthe area is rural in character, with high open moorlandto the west of the District and attractive woodedvalleys surrounding and leading into the urban areas.The quality of the environment is an important factoraffecting the quality of life of local people as well asinfluencing the perceptions of visitors, including thosewho may be thinking of investing in the area. A keyrole of the UDP will therefore be to contribute towardsmaking the District a greener, healthier and morepleasant place in which to live and work, to assistoverall sustainability and regeneration objectives.

11.2 Calderdale possesses a landscape of greatbeauty, which is enjoyed by local people and visitors.The area also supports a rich variety of wildlife andassociated habitats and forms an important part ofthe Southern Pennines. The whole variety of livingthings, including the habitats that support them, isknown as biodiversity.The landscape and biodiversityof the District are under pressure from a variety ofsources, but in particular from:-

commercial and industrial development;housing development;growth in vehicular traffic;growth of leisure and recreation, especially inthe countryside;the changing nature of the agricultural economyand rural diversification; andthe need to develop renewable energytechnology for power generation.

11.3 Protection of the natural environment andcountryside are key objectives at both national andregional levels.The Government’s Rural White Paper'Our Countryside: the Future' (2001) containsproposals relating to:-

conserving and enhancing our countryside;restoring and maintaining wildlife diversity andthe natural environment;constraining the built-up area and directingdevelopment towards the existing built-up areas;andincreasing enjoyment of the countryside.

11.4 These themes are further developed inRegional Spatial Strategy for Yorkshire and theHumber (2004) (RSS) which seeks to:-

protect and enhance the region's biodiversityprotect and enhance the region's historic andcultural resourcesprotect and enhance the quality, diversity anddistinctiveness of the region’s landscape;increase tree cover; andencourage sustainable and integratedagriculture.

11.5 The UDP embraces these national andregional policies and priorities by setting out localpolicies, particularly within this Section, but also withinSections 4 and 7 on Employment, the Economy,Tourism and Regeneration and Open Space, Sportand Recreation Facilities, respectively. The aim is toachieve a balance between conservation anddevelopment, to ensure that economic growth is notat the expense of today’s and tomorrow’senvironment.

11.6 A key control over development pressure andthe conservation of the natural environment is theGreen Belt. This restrains development acrossapproximately 63% of the District and assists in theprocess of urban renaissance. Other policies seek toconserve and enhance the environmental diversityof the District. The Plan’s policies can protect thecountryside from unsympathetic development andseek to ensure that the best of the District’senvironment is retained. However, it is also importantthat every opportunity is taken to enhance thecountryside. An attractive and accessible countrysidecan be an important element in attracting investment,securing regeneration and increasing communitywell-being.

11.7 The upland moor areas of Calderdale formpart of the South Pennine Moors Special ProtectionArea (SPA) and Special Area of Conservation (SAC),areas of European significance. This area is underincreasing threat and as a result, a Heritage Strategyfor the Southern Pennines (2001) has been preparedby the Standing Conference of South PennineAuthorities (SCOSPA).The Strategy provides a visionfor the future management and enhancement of thearea and seeks ways to secure the conservation ofthe area’s heritage and ensure that future generationscan enjoy it. The UDP seeks to complement theobjectives of this strategy.

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The Green Belt

11.8 The parts of Calderdale which lie outside theurban areas, are responsible for providing much ofthe character of the District. In March 1989 theSecretary of State for the Environment approved theCalderdale Green Belt Subject Local Plan, whichprovided precise boundaries for the Green Belt area.Not all of Calderdale’s countryside was designatedas Green Belt. The western part of the District wasnot seen to fulfil the criteria for including land withinthe Green Belt and other mechanisms for controlexist. The functions of the Green Belt, as defined inPPG2 ‘Green Belts’ (1995) are:-

i. to check the unrestricted sprawl of large built-upareas;

ii. to prevent neighbouring towns from merginginto one another;

iii. to assist in safeguarding the countryside fromencroachment;

iv. to preserve the setting and special character ofhistoric towns; and

v. to assist in urban regeneration, by encouragingthe recycling of derelict and other urban land.

11.9 The RSS also states that the general extentof the Green Belt should not be changed for theforeseeable future. However, it recognises thatthrough the development plan review process,localised changes to the Green Belt may benecessary to meet identifiable local needs. Minorchanges to the Green Belt have been brought forwardthrough the UDP process. Some of these changeshave been made in response to an inadequate supplyof employment land within the urban area and toensure a sufficient choice of developable locationsfor employment growth. Where changes wereappropriate, sites cause no material harm to the aimsof Green Belt policy. Therefore, the following PartOne Policy applies:-

POLICY GNE 1

CONTAINMENT OF THE URBAN AREA

A GREEN BELT WILL BE MAINTAINEDAROUND THE MAIN BUILT-UP AREAS.THEPLAN WILL SEEK TO RESTRAINDEVELOPMENT OUTSIDE THE URBANAREAS THROUGH THE GENERAL EXTENTOF THE GREEN BELT.

11.10 The main pressure for Green Belt releasecomes from volume house builders who, in particular,are seeking additional, larger sites at the edge of thelarger towns. Such releases would generally be ongreenfield sites, and would take the emphasis awayfrom the re-use of brownfield sites at a time whenGovernment planning policy is stressing the need forincreased brownfield development. Regional housingtargets for Calderdale are being met, both in termsof the numbers being completed and the proportionon brownfield sites. Allowing development within theGreen Belt when there is every indication that thebrownfield development process still has room tocontinue, acts against the efforts of the Council andits partners to regenerate Calderdale's towns and soassist the achievement of renaissance. However theextent of the Green Belt and it's detailed boundarieswill be the subject of review in the forthcoming, newLocal Development Framework (LDF) for the Districtprepared under the new Planning Act (2004).

11.11 It is recognised that there is an inadequatesupply of employment land within the urban area atthe present time. It has therefore, been necessary tomake minor alterations to the Green Belt boundaryto ensure a sufficient choice of developable locationsfor employment growth. These are identified in theEmployment, the Economy, Tourism andRegeneration Section at Paragraph 4.22 and in PolicyE3. Some minor amendments to the Green Belt havealso been made to remove inconsistencies and followreasonable boundaries on the ground.

11.12 Within the Green Belt, there is a presumptionagainst inappropriate development. The followingpolicies set down the basic principles to controldevelopment strictly within the guidelines set byPPG2, in order to ensure that the objectives of theGreen Belt are met. Although some limiteddevelopment will be acceptable within the Green Belt,it is important that this is not detrimental to visualamenity and the achievement of the purposes of theGreen Belt. Care will therefore need to be given tothe siting and design of appropriate development.Planning applications for inappropriate developmentwill not be permitted within the Green Belt, unless theapplicant is able to show there are very specialcircumstances to justify an exception. The definitionas to what constitutes "very special circumstances”is very much set by case law, the courts and theparticular circumstances of individual cases. It is forapplicants to show why planning permission shouldbe granted, and most cases where the Council isminded to grant consent will be referred to theGovernment as departures, who may make decisionsthemselves.


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11.13 Outdoor sport and outdoor recreation areappropriate uses within the Green Belt. In order toaccommodate such uses, a certain degree of builtaccommodation may also be necessary in additionto the laying out of pitches or courses. For example,changing rooms, small stables or unobtrusivespectator accommodation may be acceptable.However, major football stadia are not acceptablewithin the Green Belt due to the size of the structuresinvolved. Annex E of PPG2 deals with this in detail.Development proposals in the Green Belt willtherefore be considered against the following Policy:-

Policy NE 1

Development within the Green Belt

Within the Green Belt defined on theProposals Map, there is a generalpresumption against inappropriatedevelopment, except in very specialcircumstances. Planning permission will notbe granted for development, other than for:-

A. the construction of new buildings forpurposes of:

i. agriculture and forestry; andii. essential facilities for outdoor sport and

outdoor recreation, cemeteries andother uses of land which preserve theopenness of the Green Belt and do notconflict with the purposes of includingland within it,

B. mineral extraction and essentialfacilities ancillary to extraction providedthat high environmental standards aremaintained and the site is well restored;and

C. engineering and other operations, andthe making of any material change inthe use of the land may not beinappropriate providing they maintainthe openness and do not conflict withthe purposes of including land in theGreen Belt.

Development which is not inappropriateshould not detract from the visual amenityof the Green Belt by reason of siting,materials or design.

Extensions and Alterations to Buildingsin the Green Belt

11.14 Certain buildings within the Green Belt areunsuitable for modern day employment or domesticrequirements or other activities. Extension andalteration is a means of adapting buildings to meetcurrent needs. In appropriate circumstances, PPG2allows the prospect of the extension or alteration ofexisting dwellings in the Green Belt, and this isreflected in Policy NE2. Provided these are of anappropriate design and scale, they may beacceptable. However, proposals will be strictlycontrolled to ensure that they do not detract from theopenness and character of the Green Belt and theoriginal dwelling remains the dominant element.Theyshould, therefore, be of an appropriate scale inrelation to the existing dwelling, designed toharmonise with it and be limited to what is necessaryto provide a reasonable amount of domesticaccommodation. Particular attention will be paid toproposals for extensions to dwellings that havealready been extended. There are in addition, anumber of buildings in the Green Belt which are notin residential use, but where, nevertheless, extensionsor alterations may be sought at some time in thefuture. In appropriate circumstances, the impact ofsuch development, for instance on the openness ofthe Green Belt, may be no more harmful than anextension or alteration to a dwelling. "Very specialcircumstances" will have to be demonstrated by thedeveloper to justify such developments, andadditionally, the criteria in Policy NE2 will equallyapply. As a result the following Policies will apply:-

Policy NE 2

Extensions and Alterations to Dwellings inthe Green Belt

Proposals for the limited extension and/oralteration of existing residential buildingswithin the Green Belt (including the provisionof attached or free standing garages withinthe curtilage of existing dwellings) will bepermitted provided they:-

i. do not adversely affect the character,visual amenity and openness of theGreen Belt;


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ii. do not result in disproportionateadditions over and above the size of theoriginal building; and

iii. would not harm other interests ofacknowledged importance such as thesetting of Listed Buildings, thecharacter or appearance ofConservation Areas or valuable wildlifehabitats and species.

Policy NE 3

Extension and Alteration to Other Buildingsin the Green Belt

Except where provision is made in other UDPpolicies relating to the Green Belt, proposalsfor limited extension and/or alteration tobuildings other than dwellings will be refusedunless very special circumstances to justifyinappropriate development aredemonstrated. Where very specialcircumstances are demonstrated thefollowing criteria will also be taken intoconsideration:-

i. the development should not adverselyaffect the character, visual amenity andopenness of the Green Belt; neither

ii. result in disproportionate additionsover and above the size of the originalbuilding; nor

iii. harm other interests of acknowledgedimportance including the setting ofListed Buildings, the character orappearance of the Conservation Areasand valuable wildlife habitats andspecies.

Re-Use of Buildings in the Green Belt

11.15 There are often opportunities for re-usingexisting rural buildings within the Green Belt for newresidential, commercial, industrial or recreationaluses. This can reduce demand for new buildings inthe countryside, assist farm diversification and therural economy and may retain buildings whichcontribute to the appearance or heritage of thecountryside. In particular, schemes that involve theconversion or alteration of buildings for employmentuses will, in line with advice in PPG3, PPS7 andPPG13 be wherever possible supported in the

interests of economic diversification of the ruraleconomy, in preference to those for residential use.Opportunities to restore Listed Buildings and bringthem back into beneficial use will be particularlysupported. Further policy advice regarding ListedBuildings can be found in paragraphs 8.50 to 8.58.However, it is necessary to ensure that suchconversions do not have an adverse impact on theappearance or amenity of the countryside and theycan be adequately serviced. It will not be appropriateto permit the re-creation of buildings, which are notsubstantially complete, or the permanent use oftemporary buildings. Accordingly, the following Policywill apply:-

Policy NE 4

Conversion or Change of Use of Buildingsin the Green Belt

Proposals for the conversion or change ofuse of buildings in the Green Belt will bepermitted provided they meet the followingcriteria:-

i. the form, bulk and general design of theexisting buildings are in keeping withtheir surroundings or can be improvedin their appearance to remove anyadverse impact on the landscape;

ii. the buildings are of permanent andsubstantial construction and arecapable of conversion without major orcomplete reconstruction;

iii. the conversion does not have amaterially greater impact than thepresent use on the openness of GreenBelt, and the purposes of including landin it or on the character of thecountryside in general;

iv. the conversion does not cause traffic,amenity or servicing problems and doesnot give rise to pollution whichoutweighs the advantages of theconversion and which cannot beovercome by attaching conditions tothe permission;

v. adequate water supplies and means ofdrainage exist; and

vi. they would not harm other interests ofacknowledged importance such as thesetting of Listed Buildings, thecharacter or appearance of


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Conservation Areas or valuable wildlifespecies and habitats.

Preference will be given to schemes whichresult in the property being used for jobcreation.

11.16 If a proposal for the re-use of a building inthe Green Belt does not meet the criteria in PolicyNE4, or there are other specific and convincingplanning reasons for refusal, the proposal will not berejected without considering whether, by imposingreasonable conditions, any objections could beovercome.

11.17 Strict control will be exercised over thesubsequent extension of re-used buildings and overany associated uses of land which might have aharmful effect on the character of the countryside orconflict with the openness of the Green Belt and thepurposes of including land in it.

Replacement Dwellings in the Green Belt

11.18 PPG2 allows for the replacement of dwellingswithin the Green Belt, providing the new dwelling isnot materially larger than the dwelling it replaces.However, permission will only be granted where theoriginal dwelling is of a permanent and substantialconstruction. Where a new dwelling is acceptable, itshould not have a greater impact on the openness ofthe Green Belt than the dwelling being replaced (forinstance, in terms of the height of the building or itssite coverage) or affect other purposes of the GreenBelt. It will therefore be necessary to consider thesiting of the replacement building and its effect on thelocal landscape. Existing dwellings in the Green Belt,because of their age and location may not exhibit highlevels of sustainability. Modern design concepts andpractice should generally enable any replacementdwelling to incorporate elements making it moresustainable than its predecessor, not least in termsof resource and energy use Policy EP 25.Development will therefore be considered against thefollowing Policy:-

Policy NE 5

Replacement Dwellings in the Green Belt

Planning permission for the replacement ofexisting dwellings within the Green Belt willnot be permitted unless:-

i. the replacement dwelling should haveno greater impact upon the opennessof the Green Belt than the existingdwelling;

ii. the proposal would maintain or enhancethe character, amenity and appearanceof the area;

iii. the existing dwelling is capable of usein its present state and has not becomeso derelict that it could only be broughtback into use with complete orsubstantial reconstruction; and

iv. the replacement dwelling is moresustainable than the existing dwellingin terms of resource and energy use.

11.19 The replacement of a residential ListedBuilding will be subject to Policy BE 17, which onlyallows the demolition of a Listed Building inexceptional circumstances.

Gardens and Garden Extensions in theGreen Belt

11.20 In the Green Belt, there are a number of olderdwellings lacking garden areas. In principle, theCouncil believes that householders should have agarden area, for instance, to allow children to play insafety, for the drying of washing and for gardening orsitting out. Equally, the Council is committed tofollowing the advice set out in PPG2 in respect toGreen Belts. There will be a general presumptionagainst new gardens for houses in the Green Beltexcept in very special circumstances where a dwellingcurrently does not have a garden area or its gardenarea is so small as to be of little practical value.

11.21 The individual merits of a case will be judgedagainst a number of criteria. The proposed gardenswill have to be of small scale only sufficient to meetthe limited needs set out in paragraph 11.20 above,and not of sufficient size to potentially accommodatea new dwelling. They should be adjacent, adjoining,next to or near to the dwellings, in most casesimmediately in front of, behind or at its side, orimmediately across a highway from it. Larger gardensprominently extending into the open countryside willnot therefore be acceptable. Developments shouldpreserve the openness and protect the visual amenityof the Green Belt.

11.22 In all cases, where a new garden is judgedto be consistent with the criteria in Policy NE6,appropriate boundary treatment will be required, for


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instance, natural stone walling or hedging. In addition,planning conditions and/or planning obligations willbe used to remove permitted development rights fromthe land incorporated into the residential curtilage.

11.23 The Council considers that proposals toextend existing house gardens for new or olderdwellings in circumstances other than those referredto in paragraphs 11.20 and 11.21 above will beregarded as inappropriate development in the GreenBelt and will not be supported. Development will beconsidered against the following Policy:-

Policy NE 6

New Gardens in the Green Belt

There will be a general presumption againstnew gardens for houses in the Green Beltexcept in very special circumstances wherea real need can be demonstrated, they aresmall scale, are adjacent to the dwelling(s)they serve and the development meets allthe following criteria:-

i. it would not have an adverse impact onthe openness of the Green Belt;

ii. it would not harm the visual amenityand character of the landscape;

iii. it would not harm other interests ofacknowledged importance such as thesetting of Listed Buildings, thecharacter or appearance ofConservation Areas, valuable wildlifehabitats or be contrary to other UDPpolicies;

iv. it would not involve a significant lossof agricultural land or have an adverseeffect on the viability of an agriculturalholding;

v. it would not create an irregular edge tothe curtilage of the property; and

vi. it would not lead to the loss orunacceptable diversion of a public rightof way.

Where development is acceptable, boundarytreatment should be sympathetic to thecharacter of the locality. Where appropriate,planning conditions and/or planningobligations, restricting permitteddevelopment rights on the land incorporatedinto the residential curtilage, will be attachedto any planning permission.

Development in Settlements in the GreenBelt

11.24 Within the Green Belt there are often smallgaps within existing settlements or groups of buildingswhere a limited amount of new building (infilling) couldtake place without affecting the objectives of theGreen Belt or extending development into the opencountryside. Special care will be required inconsidering these sites, since some will be intrinsicallyimportant to the character of a settlement or providevaluable open space. Furthermore, the extension ofbuildings within existing settlements is less likely toharm the open character of the Green Belt and willtherefore be more acceptable than in the opencountryside. Therefore, within the infill settlementslisted below, the policies relating to extensions withinthe Green Belt will not apply. Applications forextensions will however be considered against PolicyBE 1 and Policy BE 2.

11.25 PPG2 identifies a number of ways to dealwith new development in existing settlements withinthe Green Belt. In accordance with this advice, asurvey of the development potential of existingvillages in the Green Belt in Calderdale has beenundertaken. The following villages are considered tohave potential for accommodating a limited amountof development and are defined on the ProposalsMap:-

Table 11.1 Villages Within Designated VillageEnvelopes

Bradshaw; (3 separate village envelopes)Brearley;Charlestown; (2 separate village envelopes)Elland, Lower Edge;Elland, Upper Edge;Greetland, Wall Nook;Jagger Green;Lumbrook;Midgley;Mill Bank;Mount Tabor;Norwood Green;Old Town; (2 separate village envelopes);Pecket Well;Ripponden, Old Lane;Slack;Sowood;Soyland Town;Triangle;Wainstalls; (2 separate village envelopes)


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11.26 Whilst these villages will remain washed overby Green Belt, boundaries have been defined aroundeach one, indicating where development may beacceptable.Within these boundaries, applications forlimited infill development or extensions to buildingswill be considered against the following Policy:-

Policy NE 7

Development Within The Named VillageEnvelopes in the Green Belt

Within the defined settlement limits ofvillages in the Green Belt identified on theProposals Map, proposals for infilldevelopment or the extension of existingbuildings will be permitted provided that :-

i. in the case of residential development,it is located on previously developedland;

ii. the development would be locatedwithin the built-up area of thesettlement;

iii. the infill development relates to a smallgap in a group of buildings or otherwisecontinuously built-up frontage;

iv. the development would not adverselyaffect the character of the settlementand its surroundings;

v. the development would preserve orenhance the character of aConservation Area and not adverselyaffect Listed Buildings or their settings;

vi. the development would not result in theloss of an important open space;

vii. the development would not detract fromthe visual amenity of the Green Belt;

viii. the development would not harm otherinterests of acknowledged importance;and

ix. the development would be consistentwith other relevant UDP policies.

11.27 For the purpose of the Policy, an ‘infill’ siteis defined as a small gap in a group of buildings orotherwise continuously built up frontage, bounded bybuildings on at least two sides. Villages within theGreen Belt, which do not have a defined boundary,will remain washed over by Green Belt notation andsubject to the development control policies for GreenBelt.

The Area Around Todmorden

11.28 In the countryside towards the west of theDistrict, in the area around Todmorden, the pressuresfor development reduce significantly due to thephysical nature of the land, its suitability fordevelopment and specific nature conservationdesignations.This area of rural land does not performa Green Belt function and has therefore, beenexcluded from Green Belt designation. At the presenttime, a change to this situation is not considered tobe justified or necessary.

11.29 Government guidance on development inrural areas is set out in PPS7 'SustainableDevelopment in Rural Areas' (2004). This aims:-

to raise the quality of life and the environmentin rural areas,to promote more sustainable patterns ofdevelopment,to promote the development of the Englishregions by improving their economicperformance andto promote sustainable, diverse and adaptableagricultural sectors.

11.30 This area has special characteristics and isof particular value for agriculture, wildlife, natureconservation and recreation. This area of opencountryside is shown as the ‘Area Around Todmorden’on the Proposals Map. Within this area there arevillages and settlements where it may be appropriatethat development will take place subject to theprovisions of Policy NE9.Two settlements, BlackshawHead and Harvelin Park are shown on the ProposalsMap as having designated village envelopes, but Policy NE9 also relates to all settlements within the'Area around Todmorden' , where the criteria set outin Policy NE9 are met.

11.31 Whilst there is limited development pressurewithin many parts of this western area, it isappropriate that policies should seek to prohibit someforms of built development to prevent the spread ofexisting settlements. PPS7 contains advice onappropriate uses, extensions, conversions and gardenextensions within the open countryside and applicantsshould have regard to this. Proposals for developmentwill also be assessed against POLICY GNE 2 andPOLICY GEP 2 bearing in mind the need to protectthe countryside for its own sake and for the renewableand natural resources it contains. Account will alsobe taken of any special designations and the need toprotect the amenity of the countryside. In all cases,


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development will be expected to comply with thefollowing Policies, together with any other relevantUDP policies.

Policy NE 8

Appropriate Development for the AreaAround Todmorden

Within the Area Around Todmorden definedon the Proposals Map, development will notbe permitted except for:-

i. uses necessary for agriculture, forestryor equestrian activity or other socialand economic uses which have afunctional need to locate in thecountryside;

ii. the re-use and adaptation of existingbuildings;

iii. the extension or alteration of existingbuildings (including the provision ofattached or freestanding domesticgarages within the curtilages of existingdwellings) providing that it does notresult in a disproportionate additionover and above the size of the originalbuilding; and

iv. sport and recreation uses appropriateto a rural area which do not conflict withother land uses.

Development which is appropriate shouldnot detract from the visual amenity of theopen countryside.

Policy NE 9

Development Within Settlements in the AreaAround Todmorden

Within settlements which lie within the AreaAround Todmorden, proposals for infilldevelopment or the extension of existingbuildings will be permitted provided that:-

i. in the case of residential development,it is located on previously developedland;

ii. the development would be locatedwithin the built up area of thesettlement;

iii. the infill development relates to a smallgap in a group of buildings or otherwisecontinuously built up frontage;

iv. the development would not adverselyaffect the character of the settlementand its surroundings;

v. the development would preserve orenhance the character of aConservation Area and not adverselyaffect Listed Buildings or their settings;

vi. the development would not result in theloss of an important open space;

vii. the development would not detract fromthe visual amenity of the Area AroundTodmorden;

viii. the development would not harm otherinterests of acknowledged importance;and

ix. all other relevant UDP policies are met.

Policy NE 10

Garden Extensions Within the Area AroundTodmorden

There will be a general presumption againstnew gardens for houses in the Area AroundTodmorden, except in very specialcircumstances where a real need can bedemonstrated, they are small scale, adjacentto the dwellings they serve and thedevelopment meets the following criteria:-

i. it would not harm the visual amenityand character of the landscape;

ii. it would not harm other interests ofacknowledged importance such as thesetting of Listed Buildings, thecharacter or appearance ofConservation Areas, valuable wildlifehabitats or be contrary to other UDPpolicies;

iii. it would not result in a significant lossof agricultural land or have an adverseeffect on the viability of an agriculturalholding;

iv. it would not create an irregular edge tothe curtilage of the property and

v. it would not lead to the loss orunacceptable diversion of a public rightof way.


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Where development is acceptable, boundarytreatment should be sympathetic to thecharacter of the locality. Planning conditionsand/or planning obligations restrictingpermitted development rights on the landincorporated into the residential curtilagemay be attached to any planning permission.

Protected Land

11.32 Within some parts of the District land isidentified which does not fall into any of the categories(such as Green Belt, Primary Housing, PrimaryEmployment, Open Space, Town Centre or a specificallocation for development) applied to other landwithin the Plan. The Replacement UDP providessufficient land to meet the housing requirementsbased upon current circumstances. However, thePlan’s Monitor and Manage system of phased housingreleases means that options must be available in thefuture for the possibility of new allocations for housingbeing brought forward if they are required. Some landis identified in the Replacement UDP which could beconsidered in the future for its potential to contributeto development needs. This Protected Land will bekept free from development which would prejudiceits future consideration as follows:-

Policy NE 11

Protected Land

Protected Land is identified on the ProposalsMap. Development that would prejudice theconsideration of the future of this land in thecontext of Development Plan review will notbe permitted.

Special Landscape Area

11.33 Policies NE1 to NE10 seek to protect thequality of the environment and agricultural land in theGreen Belt and the Area Around Todmorden bycontrolling land uses. In much of Calderdale thecountryside is of a very high visual quality; acombination of impressive landscape, buildings ofarchitectural and historical significance and areas ofecological importance. Furthermore, in many places,this landscape is visible and accessible from urbanareas.

11.34 Both culturally and environmentally thelandscape to the west of the District also forms an

important part of the Southern Pennines, linking thePeak District and Yorkshire Dales National Parks.The most important landscapes of the District needto be safeguarded and have therefore beendesignated as a Special Landscape Area (SLA) inthe UDP and as such, are subject to Policy NE12 andare defined on the Proposals Map. The majority ofthe SLA coincides with the Heritage Area as definedby SCOSPA and is protected by the Heritage Strategyfor the Southern Pennines.This provides the strategicframework to guide and manage development withinthe area. The Heritage Strategy indicates that thearea is particularly sensitive to the effects of changingagricultural practice and declining agricultural viability.Reduced investment in the maintenance of buildingsand boundaries and woodland management bringsabout deterioration in the visual quality of keyelements. Furthermore, inappropriately designedbuilding conversions, the creation of garden areasand the introduction of horse stabling, grazing andexercising can all exacerbate these problems. TheHeritage Strategy promotes the Landscape CharacterAssessment and the Countryside Design Summaryproduced by SCOSPA in 1998, as examples of bestpractice. These documents provide the basis forprotecting and managing the Southern Penninelandscape and the natural, cultural and built featureswithin it. The Special Landscape Area designationwhilst providing protection for all identified importantlandscapes, will support the principles within thesedocuments to govern the location of new developmentin a way that respects and is sympathetic to the visualquality of the landscape.

Policy NE 12

Development Within the Special LandscapeArea

Within the Special Landscape Area,development which would adversely affectlandscape quality will not be permitted.Special attention should be paid toconserving and enhancing the visual qualityand minimising the environmental impact ofdevelopment in the area through detailedconsideration of the siting, materials anddesign of the new development.

11.35 In certain cases it may be necessary toremove permitted development rights in order thatunsympathetic additions to buildings are prevented.The incremental effect of such insensitivedevelopment would be obtrusive in this type of area.


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Therefore, the Council will give consideration toDirections under Article 4 of the Town and CountryPlanning (General Permitted Development) Order(1995) (as amended) to restrict the permitteddevelopment of certain types of buildings in SpecialLandscape Areas.

Nature Conservation

11.36 Calderdale contains a diversity of flora andfauna, along with their habitats, which contributes tothe biodiversity of the area and is worthy ofconservation and protection.There are selected areaswhere the need for conservation is particularlyimportant, including the heather moorland and otherupland habitats. The most important areas areprotected by international or national law, such as theSouth Pennine Moors, whilst other sites, are of localimportance due to their wildlife or geologicalattributes.

11.37 Calderdale has an important geologicalresource, more fully described in Section 13(Minerals). This has an important influence ontopography, landscape and biodiversity. It alsorepresents a valuable educational resource.

11.38 PPS9 ‘Biodiversity and GeologicalConservation' (2005) provides guidance on theidentification and protection of areas of natureconservation value from potentially damagingdevelopment, while PPS7 'Sustainable Developmentin Rural Areas' emphasises the importance ofprotecting the diversity of the rural landscape andwildlife habitats. The protection and enhancement ofthe biodiversity of the wider countryside isfundamental to sustainability, improving the qualityof life of residents and helping to attract visitors to thearea. The UDP is a major component in achievingthis together with the Ecological Plan for Calderdale,the South Pennine Moors Integrated ManagementStrategy and Conservation Action Programme, theCountryside Design Summary and the HeritageStrategy for the Southern Pennines.

11.39 Biodiversity can be defined as the richnessand variety of plants, insects, birds, mammals and allliving things in the world and is a key component andindicator of sustainable development. In 1992, theUnited Kingdom made a commitment to theconservation of biodiversity by signing the BiodiversityConvention. The Calderdale Biodiversity Action Plan(BAP) was produced in 2003. This representsCalderdale’s contribution to the delivery of the UKBAP. The BAP replaces the Ecological Plan forCalderdale and forms the cornerstone for future

decision making for biodiversity in Calderdale. PrioritySpecies and Habitats are identified, together with theactions needed to ensure their survival. In addition,the Calderdale BAP, besides contributing to the UKBAP, will also protect and enhance local biodiversityin the form of species and habitats of localsignificance.These species and habitats may be rareor threatened at a local or national level and are inurgent need of conservation action. The CalderdaleBAP will assist the planning process by providingjustification for the protection and enhancement ofbiodiversity not covered by statutory sites.

11.40 Natural England (formerly English Natureand the Countryside Agency) is the principal agencyresponsible for advising central and local governmenton nature and geological conservation. The Councilis required to consult Natural England on anydevelopment proposal that could affect a designatedsite. In considering applications for development, themore significant the site, the more stringent thecontrols will be. The Council will seek to protect thenatural, historic and cultural environment through thefollowing Part One Policy:-

POLICY GNE 2

PROTECTION OF THE ENVIRONMENT

DEVELOPMENT SHOULD PROTECT,CONSERVE AND ENHANCE THECHARACTER, QUALITY AND DIVERSITY OFTHE NATURAL, HISTORIC AND CULTURALENVIRONMENT (WHETHER IN URBAN OROUTLYING AREAS) WITHIN THE DISTRICTIN ORDER TO IMPROVE THE QUALITY OFLIFE FOR ALL AND TO MAINTAIN THENATURAL HERITAGE OF THE DISTRICT FORUSE BY FUTURE GENERATIONS AND FORITS OWN SAKE.

Sites of International Importance

11.41 The South Pennine Moors are designatedas Special Protection Area (SPA) and a Special Areaof Conservation (SAC). Both designations protect thisinternationally important habitat. The establishmentof a European network of important high qualityconservation sites that would make a significantcontribution to conserving habitat types and speciesis required by Article 3 of the European CommunitiesHabitats Directive which came into force in April 1979.Such sites are designated as Special Areas ofConservation (SAC). The European Communities


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Directive on the conservation of wild birds (known asthe Birds Directive) also came into effect in April 1979,under which sites are strictly protected and areclassified for rare and vulnerable birds and forregularly occurring migratory birds. Such sites areknown as Special Protection Areas (SPAs) and aredesignated in accordance with Article 4 of the BirdsDirective. These are now both included as Natura2000 sites under the 1992 Directive 'Managing Natura2000 Sites'. Such sites are managed to conserve andenhance their nature conservation value, taking intoaccount factors such as access, recreation and landuse. Such sites not only require special protectionbut also positive management to ensure that they aremanaged to conserve and enhance their natureconservation value, taking into account factors suchas access, recreation and land use.

11.42 OPDM Circular 06/2005 - "Biodiversity andGeological Conservation - Statutory Obligations andtheir Impact within the Planning System" provides theframework for the implementation of the EuropeanLegislation in the national context. The Council willapply the provisions of this circular to anydevelopment proposals falling within the SPA or SAC.The designated area is identified on the ProposalsMap. In accordance with the objectives of thedesignation, proposals for development will be subjectto the most rigorous examination to ensure the siteis protected from damage and destruction, and whereappropriate, cases will be referred to Natural England.PPS9 states in paragraph 6 that as these sites enjoystatutory protection specific policies in respect of suchsites should not be included within development plansand therefore the Replacement Unitary DevelopmentPlan does not propose to include specific policies.

Sites of National Importance

11.43 Sites of national importance managed fornature conservation objectives by approved bodiesmay be designated as National Nature Reserves(NNR). At present there are no NNRs in the District.

11.44 Sites of Special Scientific Interest (SSSIs)are of national significance, identified by EnglishNature, and are subject to statutory protection.Thereare five SSSIs within Calderdale which are shown onthe Proposals Map. These are:-

South Pennine MoorsWithens CloughCrimsworth DeanBroadhead CloughElland By-Pass Cutting

11.45 Some of these sites are particularly importantbecause of their habitats, whilst others are designatedon account of their geological value. Such sites notonly require special protection but also positivemanagement to ensure that they are managed toconserve or enhance their nature conservation value,taking into account factors such as access, recreationand land use. Government guidance indicates thatdevelopment proposals in or adjacent to SSSIs mustbe subject to special scrutiny. Some developmentsmay have little or no effect on the value of a siteprovided conditions can be attached to preventdamaging effects. Natural England provides a list ofthose damaging activities for which prior consent isrequired. In addition, development and otherproposals should contribute towards the achievementof the objectives of the Calderdale BAP. SSSIs areprotected through the following Policy:-

Policy NE 13

Protection of Sites of National Importance

Development within or in the vicinity of a Siteof Special Scientific Interest or NationalNature Reserve which is likely to have anadverse effect on it, directly or indirectly, willnot be permitted unless the reasons fordevelopment clearly outweigh the natureconservation value of the site and thenational policy to safeguard the nationalnetwork of such sites. Where necessary,Environmental Impact Assessments (EIAs)will be required to accompany planningapplications. Where development ispermitted the authority will make use ofconditions or planning obligations to:-

i. minimise disturbance;ii. protect and enhance the site’s nature

conservation value; andiii. where damage is unavoidable, provide

new or replacement habitats so that thetotal ecological resource remains at orabove its current ecological value.

Sites of Regional or Local Importance

11.46 There are 40 sites of significant local natureconservation interest in Calderdale. These aredesignated as Sites of Ecological or GeologicalInterest (SEGIs) and are shown on the ProposalsMap.


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11.47 The ecological sites are identified on thebasis of surveys carried out by West YorkshireEcology who provide advice at the West Yorkshireand local level on nature conservation, biodiversityand other ecological matters. Currently, 19 sites arenotified for their ecological value, although these arein the process of being reviewed and sites may beadded to, or removed from, the list during the Planperiod. The sites are recognised as being ofcountywide significance.

11.48 There were 21 sites identified for theirgeological value by August 2006. These are alsoknown as Regionally Important Geological orGeomorphological Sites (RIGS).The programme ofrecording sites of geological significance is carriedout by the West Yorkshire RIGS Group. Sites maybe added to, or removed from, the list during the Planperiod.

11.49 The following Sites of Ecological orGeological Interest (SEGIs) are shown on theProposals Map:-

ECOLOGICAL SITES

Colden Clough, Hebden BridgeTurner Wood, RishworthSun Wood, ShelfOgden Reservoir, Woodland and Cloughs,HalifaxNorth Dean Wood and Norland Moor, GreetlandRochdale CanalCalder and Hebble CanalHardcastle Crags, Hebden BridgeElland Park Wood, EllandWade Wood, LuddendenClifton Interchange, BrighouseRamsden Clough, WalsdenStrangstry Wood, RastrickWood Hey, Hebden BridgeScarbottom Mill Dam, GreetlandWasher Lane, HalifaxCromwell Bottom, EllandGorpley Clough,TodmordenRed Lane Dike Grasslands,Scammonden

GEOLOGICAL SITES

Lumb Hole FallsBeacon Hill and Godley Cutting, HalifaxHeptonstall Quarry (Hell Hole), HeptonstallDerby Clough QuarryGreat Bride StonesGreetland Quarry

Great Scar (Ogden Water)Gorpley Clough, TodmordenPaul and Coal CloughCliviger GorgeWood Head Quarries, HipperholmeStrangstry Wood, RastrickDixon Scar, Sowerby BridgeFall Spring Wood, StainlandScar Wood, HalifaxCludders Rock, WiddopColden Clough, Blackshaw HeadFoster Clough Delves, Hebden BridgeLangfield Common and Stoodley PikeRound Hill, RastrickElland Bypass Cutting, Elland

11.50 Local sites of nature conservation andgeological interest are important not only for theprotection of natural assets but also as a valuablelocal education resource. Therefore, sites of thisnature need to be protected from adversedevelopment which may harm their qualities.

11.51 It is important that the public is made awareof the value of nature conservation and becomesinvolved in its appreciation, protection and theenhancement of sites. One way of achieving this isto encourage and support the establishment of LocalNature Reserves, especially in urban areas (underSection 21 of the National Parks and Access to theCountryside Act (1949) (as amended).The first LocalNature Reserves in Calderdale have now beendesignated at:-

a. Ogden Water, Halifaxb. Cromwell Bottom, Brighousec. Milner Royd, Sowerby Bridged. Jerusalem Farm, Halifaxe. Scarr and Long Woods, Halifaxf. Gorpley Clough, Todmordeng. Shibden Park and Cunnery Wood, Halifaxh. Beechwood Park, Illingworth, Halifax

11.52 These are shown on the Proposals Map.TheCouncil is actively supporting these designationsespecially in and around urban areas where theinvolvement and education of the local community inenvironmental matters can be achieved. In addition,any development or other proposals in them,wherever possible and appropriate, should contributetowards the achievement of the objectives of theCalderdale Biodiversity Action Plan. The followingPolicy will therefore apply:-


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Policy NE 14

Protection of Locally Important Sites

Development that is likely to have an adverseeffect on a Site of Ecological or GeologicalInterest, Local Nature Reserve or PriorityHabitat will not be permitted unless it can beclearly demonstrated that there are reasonsfor the proposals that outweigh the need tosafeguard the nature conservation value ofthe site. Where necessary, EnvironmentalImpact Assessments will be required to besubmitted with development or otherproposals. Where development is permittedthe Council will make use of conditions orplanning obligations to:

i. minimise disturbance;ii. protect and enhance the site’s nature

conservation value; andiii. where damage is unavoidable, where

appropriate require the developer toprovide new or replacement habitats sothat the total ecological resourceremains at or above its currentecological value.

11.53 Plants and animals become most sensitiveto local extinction when their habitat is fragmentedand reduced in size. The concept of the WildlifeCorridor is accepted as a realistic approach to natureconservation, in urban as well as rural areas, whereit assists the integration of otherwise isolated areasof wildlife interest.The Corridors provide link habitatsthrough which temporarily displaced species canmigrate to other, less threatened sites.They are oftenlinear features such as railways, rivers, canals androadside verges forming, wherever possible, unbrokenlinks between open countryside and elements ofurban open space.These boundaries have generallybeen reintroduced into the Replacement UDP, withsome changes to remove parts that ran throughstrongly defined existing urban areas. The Corridorslink many important wildlife sites but are shown onthe Proposals Map in a purely diagrammatic form.The outer hatched edges and arrow-heads aredeliberately designed to reinforce the view that apolicy principle is being reflected in the Plan, and nota hard and fast designation reflecting features on theground. Some Corridors may appear to end inlocations which are not shown as important wildlife

sites because at this point the Corridor broadens outinto the countryside generally, the whole of which isof nature conservation importance.

11.54 UDP policy is to control unsympatheticdevelopment and ensure that development projectsincorporate landscaping designed on ecologicalprinciples in these Corridors. If possible andappropriate, where development in the Corridors ispermitted, use will be made of conditions or planningobligations that contribute towards the attainment ofthe objectives of the Calderdale BAP. In some cases,Corridors extend outside Calderdale into neighbouringlocal authority areas.Therefore, the Council will seekthe co-operation of adjoining local authorities toensure the interests of nature conservation aresecured. Development within a Wildlife Corridor willbe considered against the following Policy:-

Policy NE 15

Development in Wildlife Corridors

Development will not be permitted in aWildlife Corridor if it would:-

i. damage the physical continuity of theCorridor; or

ii. impair the functioning of the Corridorby preventing movement of species; or

iii. harm the nature conservation value ofthe Corridor.

Where necessary, Environmental ImpactAssessments will be required to besubmitted with development or otherproposals.

Where development is permitted the Councilwill make use of conditions or planningobligations to:

a. minimise disturbance;b. protect and enhance the site’s nature

conservation value; andc. where damage is unavoidable, require,

where necessary, the developer toprovide new or replacement habitats sothat the total ecological resourceremains at or above its currentecological level.


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11.55 Many important wildlife species occur outsidedesignated sites and even minor developments mayhave an impact. Several species, including badgers,bats, breeding birds and water voles, are rare orthreatened nationally and receive protection underthe Wildlife and Countryside Act (1981) (as amended),the Conservation (Natural Habitats &c.) Regulations(1994), the Countryside and Rights of Way Act (2000)and other legislation. Natural England can provideexpert advice on Protected Species. Others may berare or threatened at a local or national level and willbe identified in the Calderdale BAP as PrioritySpecies. Conditions or planning obligations attachedto planning permissions, should, if possible andappropriate, contribute towards the objectives of theCalderdale BAP.

11.56 Development will not normally be permittedif it would harm the habitat requirements of legallyprotected, rare or threatened wildlife species and thespecies themselves unless provision is made toprotect those species and their habitats.

Policy NE 16

Protection of Protected Species

Development will not be permitted if it wouldharm the habitat requirements of legallyprotected, rare or threatened wildlife speciesand the species themselves unless provisionis made to protect those species and theirhabitats.

Where necessary, Environmental ImpactAssessments will be required to besubmitted with development or otherproposals.

In considering proposals that would have anadverse effect on a species of acknowledgedimportance, account will be taken of:-

i. the level of protection offered to thatspecies; and

ii. the sensitivity of the species andhabitat on which it depends to anypotential adverse effects caused by theproposals.

Where development is permitted the Councilwill make use of conditions or planningobligations to:-

a. minimise disturbance;

b. protect and enhance the site’s natureconservation value; and

c. where damage is unavoidable, require,where necessary, the developer toprovide new or replacement habitats sothat the total ecological resourceremains at or above its currentecological level.

11.57 Over the last few decades, nationally andlocally, the richness and variety of wildlife speciesand their habitats has diminished. Many key wildlifesites are fragmented and isolated within areas of lowbiodiversity. It is important that decline of wildlife isreversed and steps taken to redress deficiencies.Ifconditions or planning obligations are attached toplanning permissions, these should, where possible,have regard to the objectives of the Calderdale BAP.Accordingly, the following Policy will apply:-

Policy NE 17

Biodiversity Enhancement

Development will be required whereappropriate to enhance biodiversity.Conditions or planning obligations will beattached to:-

i. protect, maintain and enhancebiodiversity;

ii. protect, restore and manage featuresof ecological importance and importantspecies and their habitats; and

iii. create new wildlife habitats, especiallywhere they will link Wildlife Corridorsor isolated habitats or create bufferzones.

11.58 Water areas are of special interest inCalderdale, both as important wildlife habitats and asamenity and recreation features. Areas of open watermay be flowing (rivers, streams and canals) orstanding (reservoirs, lakes, ponds and mill dams).Ponds and mill dams are becoming an increasinglyscarce feature of the District. They offer tremendouspotential as a wildlife and community resource.Wetlands occur wherever the water table is sufficientlyhigh to support specialised marsh communities, forinstance reeds, sedges or mosses. The demandsplaced on these water areas from the needs for water


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supply, nature conservation, amenity and recreation,lead to conflicts which the UDP needs to address.The following Policy will apply :-

Policy NE 18

Ecological Protection of Water Areas

Development on or adjacent to areas offlowing or standing water will only bepermitted if it would not harm the ecologicalvalue of the area. Where development ispermitted the developer will be expected toincorporate:-

i. environmentally sensitive engineeringmethods;

ii. appropriate wetland features andlandscaping;

iii. appropriate management schemes forthe planning and use of water areas;and

iv. measures to ensure that thedevelopment will not adversely affectthe water areas.

11.59 Policy EP 15 and Policy OS 9 also deal withthe protection of water amenity areas and should beread in conjunction with the above Policy.

11.60 The identification of sites of ecologicalimportance and the application of policies designedto protect the sites and their environs fromunsympathetic development must be matched byefforts to manage the sites to achieve control andenhancement on a corporate basis. The SouthPennine Moors Integrated Management Strategy andConservation Action Programme and sitemanagement plans are designed to achieve thisapproach. The Council both individually and inpartnership with other authorities will draw up andimplement management plans for nature conservationareas and sites, as resources permit.

Agricultural Practices and the Landscape

11.61 A large part of the District is in agriculturaluse. This has a great influence on both theappearance and ecological character of Calderdale.A great deal of the agricultural area is upland andinvolves the grazing of sheep. Changes in farmingtechniques have resulted in overgrazing withsubsequent damage to natural habitats andwoodlands. Sometimes conversion to intensive

agricultural purposes can damage habitats of highnature conservation value such as unimprovedgrassland, heathland and wetland. However, theCouncil has no planning control over most agriculturalpractices. In order to protect habitats and landscapesthat are vulnerable, such as blanket bog, heathermoorland and woodland, the main avenue open is topursue the voluntary approach and seek theco-operation of the farming community in thesematters. When absolutely necessary this approachwill be supported by management and formalagreements.The Environmental Impact Assessment(EIA) (uncultivated land and semi-natural areas)(England) Regulations (2001) provide a procedurefor considering the potential environmental effects ofland use change.These Regulations are administeredby the Department for Environment, Food and RuralAffairs (DEFRA) and not Calderdale Council, andrequire applicants to seek the approval of DEFRA tocarry out certain projects which do not constitutedevelopment under the Planning Acts. Full details ofthe Regulations and their application are obtainablefrom DEFRA. Within the agricultural industry, agreater emphasis is being placed on diversification.Policies encouraging rural diversification can be foundin Section 4 (Employment) in paragraphs 4.61 to 4.65.Proposals for diversification will be assessed in linewith the policies for the protection of natureconservation value. Schemes have been set up byDEFRA and the Countryside Agency to encouragefarming processes that are sensitive to wildlife,landscape and public access. The Council will workwith the farming community to encourage sustainablepractices.

Trees and Woodland

11.62 Trees and woodlands are important elementsof a sustainable environment and play a key part inmaintaining and improving the quality of life for theinhabitants of the District.Trees are important for theirvisual amenity value and enhance the urban and rurallandscape. As well as their aesthetic beauty, trees:-

are an important wildlife habitat, particularlyancient trees;provide opportunities for leisure and recreation;help to ameliorate pollution and reduce noise;screen unsightly development;generate oxygen and store carbon dioxide;help to stabilise soil and prevent erosion;provide renewable raw materials;help to reduce the risks of storm water flooding;andhelp to decontaminate derelict land.


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11.63 The Council is committed to protectingexisting tree and woodland cover and increasing itscoverage where appropriate.

11.64 The Council considers that the planting ofnew native species of trees and woodland should beencouraged and used as a means of improving thelandscape in all parts of Calderdale apart frommoorland and heathland, an approach supported bythe RSS. There are many opportunities for plantingwithin both urban and rural areas such as in parks,in highway verges, in school grounds, on derelict land,by extending existing wooded areas and plantingaround the perimeter of new developments.Appropriate management of the existing woodlandsis also an important factor and is encouraged by theCouncil.

The Planting of Trees and New Woodland

11.65 Whilst the Council cannot control newwoodland planting since the planning legislation doesnot provide for control over this type of land use, thecreation of new woodlands is an important and veryvisible form of land-use that must be recognised inthe development plan. The Council will undertake itsown planting and management schemes and providesupport and advice to other, often voluntary, bodieswishing to undertake planting schemes. It also hasan important role to play in wider strategies forwoodland planting. One such strategy is the WhiteRose Forest Strategy which was launched on 1August 2000 and sets out the contribution that treesand woodland can make to urban and rural renewalin the whole of West Yorkshire. The vision of theWhite Rose Forest Strategy is ‘to create a genuinelysustainable well-wooded landscape, which will benefitthe people, economy, and wildlife of West Yorkshire’.The strategy is being implemented on a partnershipbasis, with local authorities, major voluntaryorganisations, government agencies and largeemployers taking the lead but with the remit thateveryone can become involved. The Strategy willencourage the planting of trees and new woodlandon a broad range of land types, together with themanagement of existing woodland and otherassociated habitats for better public access and forincreased biodiversity.This will not be one large areaof forest, but will be a mosaic of differently sizedwoodlands, hedgerows and individual trees, allcontributing to an increasingly green environment.The Council supports the White Rose Forest Strategyand will contribute to its implementation in all partsof the District.

Appropriate Locations for Tree andWoodland Planting

11.66 Whilst in many urban and brownfieldlocations new native tree and woodland plantingshould be encouraged, there are numerous‘environmentally sensitive locations’ where suchplanting would be inappropriate and where the natureconservation value of the area must be safeguarded.‘Environmentally sensitive locations’ include:Scheduled Ancient Monuments; Class II and ClassIII Archaeological Sites Registered in the County Sitesand Monuments record; the Special Area ofConservation; the Special Protection Area and In-byeland around it; SSSIs; SLAs; Priority Habitats andSpecies identified in the Calderdale BAP; and SEGIs,the majority of which are shown on the ProposalsMap. Additionally, the moorland areas of the Districtencompass distinct characteristics and sensitiveecosystems. Inappropriate tree planting could causeconsiderable damage to environmentally sensitivelocations and moorland and therefore new tree andwoodland planting should be avoided in such areas.The District’s moorland fringe encompasses a diversemixture of characteristics and as such in certain areascould be suitable for tree and woodland planting assupported in the SCOSPA Heritage Strategy for theSouth Pennines. Each particular area should betreated individually, with priority being given toensuring that the ecology of the area is not harmedand views of the skyline are respected. In somecases, the moorland fringe should remain open tomaintain existing habitats and views. In others theremay be a clear case for increasing woodland cover.Native species of trees are considered to be the mostappropriate on the moorland fringe.

Appropriate Species of Trees

11.67 In most cases, the Council considers thatspecies native to Calderdale should be used.However, support will also be given to the inclusionof native British Isles species, non-native or exoticspecies in urban areas in order to expand the diversityof the urban landscape. Additionally, the introductionof conifer trees into rural areas needs carefulconsideration. They are acceptable in selectedlocations where they can be introduced into mixedplanting schemes but their introduction needs to beconsidered on a site by site basis. It may benecessary in some areas to introduce conifers intonew planting schemes in order to help to establishbroad-leaved species on difficult or exposed sites.However, large areas of conifer trees on their ownare not normally considered appropriate.Tree planting


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schemes should be in accordance with details laidout in the British Standards Institution: 'Guide forTrees in Relation to Construction' (BS 5837:2005)which are current at the time either a planningapplication is made or the planting scheme isimplemented.

Energy Crops

11.68 The use of new planting as fuel for renewableenergy is an increasingly important aspect ofsustainable development. Willow energy coppice ona large scale is unlikely in Calderdale due to thetopography and generally low quality agricultural land.However, on a smaller scale, willow coppice couldbe grown and as such support will be given to suchproposals providing that the ecology of the area isnot harmed.

Ancient Woodland

11.69 Ancient Woodland is commonly defined assites that have had continuous woodland cover sinceat least AD 1600 to the present day, although somesites may have been replanted at some point in thepast. They are a finite resource of great biodiversityvalue. There is a trend towards the decline andfragmentation of Ancient Woodland, and they arebecoming increasingly under pressure fromdevelopment.This is considered to be unsustainable.For this reason the Council considers that it isessential to provide absolute protection for AncientWoodland sites in the District and developmentproposals which would harm or lead to the loss ofAncient Woodland will be resisted.

Policy NE 19

Protection of Ancient Woodland

Development proposals which will result inthe loss of or damage to Ancient Woodlandsites and their associated flora and faunawill not be permitted.

Tree Preservation Orders

11.70 Tree Preservation Orders (TPOs) are ameans of giving statutory protection to specific trees,groups of trees and woodlands of amenity value soas to prohibit removal, pruning or damage occurringto them without the prior consent of the LocalPlanning Authority. Consequently, they can beactively used to sustain the landscape character of

the district and influence the layout of newdevelopment. In particular, they will be used to ensureretention of the mature treescape where developmentoccurs in order to maintain the visual amenity of thearea.

11.71 During the Plan period it is likely that newOrders will be necessary to extend protection to treesand woodland which have amenity value and are atrisk. TPOs cover some of the District’s most valuableand significant trees, therefore their removal will beresisted.

11.72 The Council does, however recognise thatthere is a need for some flexibility. Group TPOs canincorporate trees of varying individual quality. Treescan deteriorate and reach a stage where they detractfrom group value. There may be a limited number ofoccasions where greater benefits can be derived fromreplacement planting than from keeping the existingtree(s).

Policy NE 20

Tree Preservation Orders

The Council will make Tree PreservationOrders to protect individual trees, groups oftrees or woodlands that make an importantcontribution to local amenity or locallandscape character and which are underthreat. A development proposal that wouldresult in the removal or damage, or wouldthreaten the future survival of one or moretrees covered by an Order will not bepermitted unless either:-

i. the removal of one or more tree wouldbe in the interests of goodarboricultural practice; or

ii. the developer has demonstrated thatthe benefits of the developmentincluding any replacement planting willoutweigh the harm caused by theremoval of the tree or trees.

Trees on or Adjacent to DevelopmentSites

Retention of Trees

11.73 Developers will be expected to give priorityto the retention of trees and hedgerows ondevelopment sites, and existing landscaping should


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also be kept and protected where possible. It istherefore important that where individual or groupsof trees are of landscape or amenity value, they areretained and that developments are designed to fitaround existing trees. Distances between proposedexcavations for development and existing trees shouldbe at least equivalent to the minimum distances laidout in the British Standards Institution ‘Guide for Treesin Relation to Construction’ (BS 5837:2005) whichare current at the time an application is made.

11.74 The trees identified as desirable for retentionshould be protected and suitably fenced off prior tothe commencement of construction work inaccordance with the guidance ‘Minimum Distancesfor Protective Fencing Around Trees’ laid out in theBritish Standards Institution: ‘Guide for Trees inRelation to Construction’ (BS 5837:2005).

Submission of a tree survey

11.75 In appropriate circumstances where treesare located on development sites, and in all caseswhere the removal of trees or hedgerows is proposed,the Council will require planning applications toinclude a tree survey in order to enable a fullassessment of the arboricultural implications to bemade. The matters to be covered in the survey areset out in Annex B.

11.76 Failure to submit a tree survey is likely todelay determination of an application and may resultin the application being refused.

Replacement planting

11.77 When planning permission is granted,conditions or a legal agreement will be attached inappropriate cases which require replacement plantingwhich complements and enhances existinglandscaping in order to compensate for any trees lostas a result of the development. Normally, for everytree removed from a development site a minimum ofone replacement tree will be required to be plantedelsewhere on the site. There will be circumstanceswhere the ratio of replacement planting will be greaterthan on a one for one basis. Where a developmentsite cannot accommodate additional planting,replacement trees will be expected to be planted onan appropriate off-site location. Distances betweenexcavations and new planting should comply with theadvice in the British Standards Institution 'Guide forTrees in Relation to Construction' (BS 5837:2005).Species planted should be appropriate to the localityin accordance with the advice contained in 'TreePreservation Orders: A Guide to the Law and Good

Practice' (2000). Development schemes will also beexpected to ensure the retention and continued healthof existing trees on site.

Shade Cast

11.78 Trees can overshadow and cast shade onadjacent dwellings and other types of buildings, whichcan severely affect amenity and in particular that ofresidents. Shade cast can often threaten the retentionof trees due to residents and other occupiersrequesting the felling of offending trees. As such,when considering the layout of developments, theCouncil will seek to prevent an unacceptable degreeof overshadowing of development by trees that areto be retained either on or off site.

11.79 Development proposals will be assessedagainst the criteria listed in Annex B.Where the likelylevel of shade cast is considered to be unacceptablea proposal will be refused in order to preserve anytree(s) of amenity value. Details relating to tree heightand shade cast are contained in Annex B.

Policy NE 21

Trees and Development Sites

Where trees are located on or adjacent todevelopment sites, development proposalswill be permitted provided that:-

i. a tree survey is submitted inappropriate circumstances and in allcases where the removal of trees orhedgerows is proposed;

ii. trees are retained which are identifiedas worthy of retention;

iii. retained trees are protected duringconstruction work by planningcondition or planning obligation;

iv. replacement tree planting, if required,is undertaken and controlled byplanning condition or planningobligation;

v. an appropriate layout of developmentis achieved which prevents thedevelopment being subjected to anunacceptable degree of shade cast bytrees which are to be retained; and

vi. distances between proposedexcavations for development andexisting trees, and between foundationsand new planting, are sufficient to


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ensure the continued health of thetrees.

Hedgerows

11.80 Hedgerows and hedgerow trees are ofecological and biodiversity value and are importantand uncommon wildlife habitats, particularly thosethat are old or have a mixture of species. Somehedgerows are of significant historic interest, both inthemselves and because they mark boundaries whichmay be centuries old. The Council seeks to maintainexisting hedgerows and promote the planting of newones. The Government has afforded hedgerowsprotection through the Hedgerow Regulations (1997),which aim to protect important hedgerows by ensuringthat the landowner or tenant concerned notifies theCouncil if they intend to remove a hedgerow. TheCouncil can refuse permission for the removal if theyconsider the hedgerow to be important. TheRegulations set out the criteria that local planningauthorities must use to determine whether ahedgerow is important. The proposed notificationsystem is not intended to apply to garden hedges orhedgerows that are less than 30 years old. TheCouncil supports management regimes which avoiddisturbance of hedgerows during the growing ornesting seasons. Notwithstanding the fact that farmingpractices in Calderdale have historically favoureddry-stone walling rather than hedgerows, the latterhabitats should nevertheless be protected where theyexist. Accordingly the following policy applies:-

Policy NE 22

Protection of Hedgerows

The Council will support and implementmeasures to achieve the protection,conservation and enhancement ofhedgerows and the adoption of sensitivemanagement practices based on soundecological principles by all landowners.

A development proposal that would result inthe removal, or would threaten the futuresurvival, of a hedgerow will only be permittedwhere the developer has demonstrated thatthe benefits of the development includingany replacement planting or the creation ofan alternative wildlife habitat will outweighthe harm caused by the removal of thehedgerow.

Natural Stone and Drystone Walls

11.81 Dry stone walls are the main form ofboundaries in upland areas.They are a characteristicfeature of the Pennine landscape and representexamples of craftsmanship. Many are now threatenedby neglect or removal and the majority ofdevelopments in the uplands do not seek to use thistraditional form of boundary treatment. Mortarednatural stone walls are a common form of boundarytreatment in urban areas, blending in with thetraditional built form and materials of Calderdale andsometimes being of historical interest. Walls oftenprovide habitats for wildlife and plants. They provideshelter for animals and often house unusual or rareplants and lichens.The Council wishes to protect bothforms of boundary wall as an important element inthe character of the district and will encourage theirretention, repair and use in development. Accordingly,the following policy applies:-

Policy NE 23

Protection of Stone Walls

The construction and retention of all naturalstone walls (including natural dry stone wallsin areas of countryside and mortared stonewalls in urban areas) in the local traditionalstyle will be encouraged. In particular adevelopment proposal that would result inthe removal, or would threaten the futuresurvival, of a natural stone wall will only bepermitted where the developer hasdemonstrated that the benefits of thedevelopment will outweigh the harm causedby the removal of the wall and an appropriatereplacement stone wall is provided in asuitable location in the local traditional style.


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205Environmental Protection

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12 Environmental Protection

Introduction

12.1 Environmental protection is a wide-rangingtopic covering issues of both global and localsignificance. Environmental issues feature high onthe public agenda and expectations of a cleaner,greener environment and a better quality of life areincreasing. The need to mitigate the effects we arehaving on local and global environments is anessential element in achieving sustainablegrowth.This section complements the the sustainabledevelopment objectives defined in Section 3 of theUDP, by:-

ensuring new development does not significantlyadd to pollution levels;reducing current pollution levels where possible;ensuring new development does not add to theproblems of flood risk;encouraging the generation of electricity fromrenewable sources and contributing to UK andregional targets in relation to renewable energyand climate change; andencouraging the efficient use of energy.

The following Part One Policy applies:-

POLICY GEP 1

PROTECTION OF ENVIRONMENTALQUALITY

DEVELOPMENT SHOULD CONTRIBUTE TOTHE MANAGEMENT OF POLLUTION,HAZARDS AND FLOOD RISK THROUGHRELEVANT CONTROL MEASURES AND RISKMINIMISATION.

Further issues are also covered in the Minerals andWaste Management Sections.

Pollution Control

12.2 Pollution causes adverse health risks anddamages amenity and the environment. It can alsoprejudice neighbouring land use, resulting in long-termcontamination and hinder urban regeneration. Controlof pollution is complex, involving several agencies,council powers and national regulation. The duty forpollution control rests with the Council’sEnvironmental Health Service, with the EnvironmentAgency providing a regulatory and advisory role in

the system. PPS23 ‘Planning and Pollution Control’(2004) and PPG24 ‘Planning and Noise’ (1994) seekto protect the environment and community frompollution from new developments. Planning has a roleto play by ensuring that development does not havean adverse impact on the environment through:

the development plan which influences thelocation of developmentdevelopment control decisions which can eitherminimise, through the use of planningconditions, the impact of a development causingor susceptible to pollution or ultimately throughrefusal of planning permission, where conflictcannot be resolved or mitigated.

Air Pollution

12.3 The Local Authority Statement of Environment(SoE) for Calderdale (May 2004) identifies transportand industry as the main sources of air pollution withinCalderdale. Therefore, action needs to be focusedon these major uses if air quality is to improve.

12.4 The Council has undertaken a review andassessment of air quality, in accordance with theEnvironment Act (1995), to ascertain whether airquality objectives will be achieved in future years.Where air quality objectives cannot be achieved, theCouncil is required to declare Air Quality ManagementAreas (AQMA’s) and formulate an Action Planoutlining how improvements to air quality will bemade. By 2006, three AQMAs have been declaredin the District. Where an AQMA is declared,development will be controlled to ensure the air qualityis not made worse and the objectives of theassociated Action Plan are upheld.

12.5 Development, of a commercial, industrial ortraffic generating nature should not result in anunacceptable level of air pollution to the detriment ofother land uses and public health. Developers willtherefore be expected to take proper account of airquality issues in drawing up development proposalsin accordance with the following Policies: -

Policy EP 1

Protection of Air Quality

Development which might cause air pollution(including that from modes of transport) willonly be permitted if:-


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po13

Cross-Out

po13

Cross-Out

i. it would not harm the health and safetyof users of the site and surroundingarea; and

ii. it would not harm the quality andenjoyment of the environment.

Where permission is granted, appropriateconditions and/or planning obligations willbe attached to ensure that the air quality ismaintained.

Policy EP 2

Development within an Air QualityManagement Area

Within a declared Air Quality ManagementArea, development will be permitted providedit can be demonstrated that the pollutionlevels, if any, would be consistent with theobjectives and/or targets of an Action Planand would not lead to unacceptable pollutionlevels.

12.6 Where a development is likely to have asignificant effect on the environment through thecreation of air pollution, the applicant will be expectedto undertake an Environmental Assessment (EA) inaccordance with the Town and Country Planning(Environmental Impact Assessment)(England andWales) Regulations 1999. Developers should contactthe Council as early as possible to request ascreening opinion in order to determine whether anEA is necessary.

12.7 The effect of vehicle emissions is an area inneed of improvement that cannot be controlled directlythrough planning legislation. The sustainabledevelopment objectives of the UDP aim to ensureemissions are decreased through the appropriatelocation of development, a reduction in the need forvehicle journeys and the encouragement of publictransport or other means to reduce the need to travelby car (see paragraphs 3.11 and 3.12 and POLICYGP 2, POLICY GP 3 and POLICY GT 1). The WestYorkshire Local Transport Plan also provides potentialto improve local air quality. One of the primaryobjectives of the Local Transport Plan is to improveenvironmental quality and reduce the impacts oftransport pollution.

Noise Pollution

12.8 The Council has powers to control statutorydefined noise pollution. In addition, planning powerscan be used to contain this form of pollution.This willbe done in two ways:

Firstly, by controlling the introduction of newnoise sources, such as certain employmentuses, close to existing noise sensitive land uses.Secondly, by controlling the introduction of noisesensitive development, such as housing,schools and hospitals, close to the existingsources of noise.

12.9 The impact of noise levels can be reducedthrough the design of development and the integrationof effective barriers and landscaping measures. Theonus lies with the developer to ensure thatdevelopment proposals do not cause unacceptablenoise problems. The following Policies will apply:-

Policy EP 3

Noise Generating Development

Development that generates noise (includingthat from modes of transport) will not bepermitted if it would lead to unacceptablelevels of noise to existing or proposed noisesensitive land uses nearby. Developers willbe required to include landforms orlandscaping and noise control measures toreduce or remove noise emission.

Policy EP 4

Protection from Existing Noise

The siting of new noise sensitivedevelopment, such as housing, schools andhospitals will not be permitted if theoccupants would be subject to significantnoise disturbance from existingdevelopment.Where appropriate, developerswill be required to include landforms orlandscaping and glazing designed to reducereceived noise.


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Light Pollution

12.10 There is now formal recognition of theproblems caused by excessive or insensitive externallighting schemes, as artificial light nuisance can nowbe classed as a statutory nuisance. Most lighting,which gives cause for concern, relates to newdevelopment. Planning can influence and controlmany forms of lighting on new developments toprevent adverse pollution into the night sky,disturbance to other adjacent land uses, wildlife andthe surrounding area.

12.11 Exterior lighting brings many benefits in theform of road safety, crime prevention, outdoor workingand sports activities and the enhancement of theenvironment. However, the use of excessive, poorlydesigned and badly aimed external lighting can resultin glare, which can hamper vision and create a hazardrather than increasing safety. Similarly, floodlightingof outdoor sports pitches can be intrusive inresidential locations or the open countryside due tothe light spillage. Control is required to ensure thatlighting is essential to the operation, is appropriate tothe task and does not impact on the amenity of thesurrounding area.

12.12 Within the countryside, urban type lightinginstallations will not be supported unless specialcircumstances exist, for instance a prison, since thesecan cause intrusive and unnecessary pollution andharm the character of the countryside. Light pollutioncan also have significant adverse ecological effects,particularly for nocturnal animals and insects. Tosome extent this can be minimised by shading andalso by the use of different types of lighting. Lightingwithin existing built-up areas will normally bepermitted, though the Council will seek to minimisethe impact of glare and light spillage.

12.13 Depending on the scale and sensitivity of aproposed lighting scheme, applicants will be expectedto provide the following information with any planningapplication:-

i. an appraisal of the need for lighting;ii. an assessment of the potential impacts; andiii. a lighting design scheme, including horizontal

and vertical illuminance measurements.

Applicants are therefore advised to enter into earlydiscussions with the Council to establish therequirements for a particular scheme. On majorlighting schemes, such as outdoor sports facilities,

developers will be expected to appoint a professionalengineer/advisor. Proposals will be consideredagainst the following Policy:-

Policy EP 5

Control of External Lighting

Unless there are exceptional circumstances,urban-type lighting in non-urban, countrysideareas will not be supported. In urban areas,development involving the provision ofexternal lighting, including the illuminationof existing buildings will only be permittedwhere:-

i. the lighting scheme is designed to limitthe lighting levels to those required forthe specific working purpose of thescheme and for security; and

ii. the design minimises glare and spillageof light from the site, especially into thenight sky, areas of important natureconservation, residential areas and ontothe highway.

Dangerous Substance Establishmentsand Other Incompatible Land Uses

12.14 Modern commercial development can involvethe storage, use or manufacture of substances whichare potentially hazardous by reason of fire, explosionor gaseous emission etc, not only to people workingin the premises, but also to those in the area aroundthe site. Other land uses, whilst not potentiallyhazardous, can cause a loss of amenity, for instanceby reason of smell. The proper planning of an arearequires, in appropriate cases, separation or othermitigation measures to enable development to takeplace, whilst in some cases, development should notbe supported.

Dangerous Substance Establishments

12.15 In the case of dangerous substanceestablishments, certain sites and pipelines aredesignated by the Health and Safety Executive (HSE)as 'Dangerous Substance Establishments' by virtueof the quantities of hazardous substances present.The siting of such establishments is subject toplanning controls, for example, under the Planning(Control of Major Accident Hazards) Regulations(1999), with the objective, in the longer term, tomaintain appropriate distances between


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establishments, residential areas and other areas ofpublic use and areas of particular natural sensitivityor interest. In accordance with DETR Circular04/2000, the Council will consult the HSE, asappropriate, about the siting of any proposeddangerous substance establishment (includingpipelines).

12.16 Calderdale has a number of dangeroussubstance establishments, including pipelines.Whilstthey are subject to stringent controls under existinghealth and safety legislation, it is prudent to controlthe kinds of development permitted in the vicinity ofthese installations. For this reason, the Council hasbeen advised by the HSE of consultation distancesfor each of these installations.The Council will consultthe HSE about risks to the proposed developmentfrom the dangerous substance establishment inaccordance with DETR Circular 04/2000. Thedangerous substance establishments, (including thepipelines, currently all Transco pipelines moving gas)are listed in Policy EP6. They are also shown on theUDP Proposals Map. In addition, in cases where adangerous substance establishment is located outsideCalderdale’s boundaries, but whose consultation zoneoccupies part of the local authority area, then thenecessary consultations with the HSE will take place.The numbers and distribution of these establishmentsmay change. The HSE will inform the Council aboutsuch changes, and any new establishments will besubject to the same policy as the existing ones. Thefollowing Policies will therefore apply:-

Policy EP 6

Dangerous Substance Establishments

The following dangerous substanceestablishments are shown on the ProposalsMap:-

i. Buildings:-

a. Surfachem Limited,The Ainleys,Huddersfield Road, Elland

b. British Gas PLC, Mulcture Hall Road,Halifax

c. McIntyre UK LTD. Holywell Green, nearHalifax

d. Calor Gas Limited, Dewsbury Road,Elland

ii High pressure gas pipelines:-

e. Cat Lane/Luddendenfoot (Transco IndexNo. 1924)

f. Hebden Bridge/Mulcture Hall Road.(Transco Index No. 1925)

g. Ripponden Inlet Feed (Transco IndexNo. 1926)

h. Mulcture Hall/Whitehall Road (TranscoIndex No. 1931)

i. Hartshead Moor/Dewsbury (TranscoIndex No. 1940)

j. Canal Road/Hartshead Moor (TranscoIndex No. 1942)

k. East Bierley/Hopton Top (Transco IndexNo. 1933).

The Health and Safety Executive will informthe Council of any changes to this list, andnew establishments will be subject to thesame planning policy.

The Council will consult the Health andSafety Executive on appropriate developmentproposals within the consultation zones.Where development proposals within theconsultation zones could, in the view of theHealth and Safety Executive, result in anunacceptable risk to public health and safetyor have a harmful effect on areas ofparticular natural sensitivity or interest(including areas of ecological value), thenthey will not be permitted by the Council.Where development is judged to beacceptable, conditions and/or planningobligations may be attached to maintain anappropriate buffer between the conflictingland-uses or to control the possible impactof the development.

Policy EP 7

New or Extended Dangerous SubstanceEstablishments

The Council will consult the Health andSafety Executive on development proposalsfor new, or extensions to existing dangeroussubstance establishments and will opposedevelopment or apply appropriate conditionsand/or planning obligations, where, on theadvice of the Health and Safety Executive,there is considered to be an unacceptablerisk to public health and safety.


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12.17 Certain types of hazardous developmentrequire applicants to carry out an EnvironmentalAssessment (EA) in every case. In other cases, therequirement to carry out an EA will depend onwhether the development is likely to have a significantimpact on the environment or a risk to public healthand safety. Applicants are advised to consult theCouncil at an early stage to obtain a screeningopinion to ascertain the necessity for such anassessment.

Other Incompatible Land Uses

12.18 The juxtaposition of certain non-hazardousland-uses can nevertheless lead to a loss of amenity,by reason of smell, noise or flies.These incompatibleuses should, where appropriate, be kept apart. Forexample, housing or a school should be kept at anappropriate distance from a wastewater treatmentplant. In cases such as these, the following Policy willapply:-

Policy EP 8

Other Incompatible Uses

Where development proposals could lead tothe juxtaposition of incompatible land-uses,they will be only permitted if they do not leadto an unacceptable loss of amenity causedby odour, noise or other problems. Wheredevelopment is permitted, appropriateplanning conditions and/or obligations willbe added as necessary to providelandscaping, screening, bunding, physicalseparation distances or other mitigationmeasures.

Contaminated Land

12.19 The Council is required to prepare acontaminated land strategy document Under Part IIAof the Environmental Protection Act (1990), and, alongwith other parties, deal with contaminated land. TheCalderdale Contaminated Land Strategy (2001) hasbeen prepared. This outlines a method by whichcontaminated land in Calderdale will be identified.The Council will seek to secure improvement andreclamation of the areas identified.

12.20 The development of ‘previously developedland’ is an important element of the Plan to achieveregeneration and sustainable development objectives.Where it is known or strongly suspected that land is

contaminated, developers will be expected to carryout a site assessment and submit a report of thefindings in order to establish the nature and extent ofcontamination, prior to or as a condition of the grantof planning permission. Where problems exist,permission will only be granted where it can be shownthe contaminant will not cause a threat to health,safety or the environment following remedialmeasures. Any contamination that causes a threatwill need to be dealt with before the developmenttakes place, in accordance with a scheme to beagreed with the Council. The following Policy willapply:-

Policy EP 9

Development of Contaminated Sites

An applicant proposing development on asite where there is contamination or there isgood reason to believe that contaminationmay exist, will be required to carry out a sitecontamination survey and prepare andsupply to the Council, a report outlining theresults of the survey and identifying anyremediation measures that are required.

Development will not be permitted unlesspractical and effective site measures can becarried out without placing the developmentand its users and adjoining land at risk.

Permission for development will beconditioned to ensure the approvedremediation measures are completed priorto the commencement of any development.

12.21 On sites where there is only a possibility thatcontamination might exist, or contamination is knownto be minor, planning permission may be granted. Inthese cases, conditions will be attached to ensurethat development does not take place until a siteinvestigation has been carried out and measures arein place to remove the contamination problems. Thefollowing Policy will therefore apply:-

Policy EP 10

Development of Sites with PotentialContamination

Development will be permitted on sites wherethere is minor contamination or a slight


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possibility of contamination. Any planningpermission will be conditional to ensurethat:-

i. the applicant carries out a sitecontamination survey and prepares andsupplies to the Council, a reportoutlining the results of the survey andidentifying any remediation measuresthat are required; and

ii. approved remediation measures arecompleted prior to the commencementof any development.

Unstable Land

12.22 There are areas of land, which may be ofconcern to developers, owners or occupiers of sitesbecause of their unstable or potentially unstablenature. PPG 14 'Development on Unstable Land'(1990, Annex 1 1996 and Annex 2 2002) givesguidance on the development of such land.

12.23 Instability can occur as a result of pastgeological history including the geological structureand characteristics of the area, and/or the subsequentactions of man on the land, for instance fromquarrying, mining, tipping or engineering operations.In Calderdale, much movement occurred in thegeological past, for instance in the Ice Age, but therehas been little more recent movement on these sites.In respect of the solid geology of Calderdale, this ismade up of Lower Coal Measures Strata, overlain byglacial and other superficial deposits.This successionof gritstones, sandstones, shales and clays can itselflead to movement or slippage, and there is evidenceof such activity, for instance around Todmorden.PPG14 requires local planning authorities in theirdevelopment plans to make information on potentiallyunstable land available to the public. This isparticularly important so that landowners, occupiersand developers can become aware of the issue andcan, as a result respond to any actual or perceivedrisk at the appropriate time.

12.24 The British Geological Survey (BGS) carriedout a survey of landslips and areas of potentialinstability for the Council in 1998 and the identifiedareas are shown on the Proposals Map. The BGSput together the information using a combination ofgeological maps, aerial photographs, site inspectionsand historical and current soft information. The BGSpoint out that the database of information: -

must not be relied upon as a source of detailedinformation about specific areas, or as asubstitute for site investigations or groundsurvey;areas not recorded in the survey may be subjectto movement in the future.users must satisfy themselves, by seekingappropriate professional advice or carrying outground surveys and site investigations, ifnecessary, that ground conditions are suitablefor any particular land-use or development.

It should be noted that the designations on theProposals Map shows both modern (active orpotentially active unstable land) and historicallandslides where no evidence of current or potentialmovement is visible or known. Information providedby the BGS is available in Planning Services to helpidentify the classification of instability and will beprovided on request.

12.25 Showing the broad areas of past andpotential instability in Calderdale will raise awarenessof the need for landowners and developers to fullyinvestigate the situation on sites and buildings inbringing forward development proposals. Otherproperty owners, e.g. householders, might beconcerned at the publication of this material in thebelief that it could, for instance, reduce propertyvalues or increase insurance premiums, where thereis no evidence of current or recent instability. Aspreviously stated, the survey information makes thedistinction between active areas of instability andareas of historical movement where there is noevidence of current activity. Where there is noevidence of movement, property owners should notfeel any due concern, but it is neverthelessappropriate to have the information publicly availableand give, for instance, prospective purchasers theopportunity to carry out any necessary checks thatthey think fit.

12.26 It should be noted that the information shownon the Proposals Map is a reproduction of informationat a given time.The BGS are constantly updating andreviewing their classifications. It is not possible forthe Proposals Map to be kept up to date with this everchanging information. The BGS supply the Councilwith updated information, and this should also bereferred to in considering issues of land stability. Itmay be that some sites shown on the Proposals Mapare no longer recognised by the BGS as having landstability problems, whilst others may now be soclassified. Whilst it is considered appropriate for theProposals Map to incorporate the evidence availableat the time it was prepared relating to unstable land,


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it is also the case that where new information comesforward relating to land stability then the most recentinformation should be taken to prevail.

12.27 The following Policy will therefore apply:-

Policy EP 11

Development on Potentially Unstable Land

Areas of potentially unstable land are definedon the Proposals Map.

An applicant proposing development withinan area of potentially unstable land or a sitebounded by potentially unstable land will berequired to prepare a stability report,assessing the nature and scale of anystability problems and identifying anymeasures required to overcome theproblems, and submit the findings to theCouncil for consideration. Development willnot be permitted unless there are acceptableproposals for remedying any identifiedproblems.

Permission for acceptable development willbe conditioned to ensure the approvedremediation measures are completed priorto the commencement of any development.

NOTE:The Proposals Map designations aresubject to review and change as a result ofmore recent survey information comingforward from the British Geological Survey(BGS).Where there is a discrepancy betweenthe published Proposals Map and the latestinformation arising from the BGS, the morerecent information will prevail.

Litter and Graffiti

12.28 A great deal of work is carried out in theDistrict to secure the improvement of the environment.Unfortunately, the impact of these improvements isoften reduced through the actions of a minority, whocontinue to drop litter, fly tip and add graffiti tobuildings and structures. Research has shown that iflitter is not cleared away graffiti can become aproblem, minor damage would then be followed bycriminal damage, anti-social behaviour, theft, burglary,street robberies and even worse. The Council iscommitted to eradicating these problems.The controlof litter and fly tipping rests with Environmental Health,

under the Environmental Protection Act (1990).However, indirectly, planning controls can also playan important role in reducing the impact of litter.Where appropriate, development will be conditionedto include measures to collect and store litter prior todisposal or recycling and take account of designsolutions that avoid litter accumulation. Specificcontrols over the environmental problems of hot foodtakeaways, such as litter, can be found in Section 6,Policy S 15.

The Water Environment

River Pollution,Water Supply and SewageTreatment

12.29 Water is a renewable resource, essential forpublic health and the environment. The quality ofwater is vitally important for drinking, general domesticneeds, wildlife, leisure, industrial and agriculturalpurposes. Development of land can have an adverseeffect on the water environment and therefore, it isnecessary to exercise controls to maintain currentlevels of quality and wherever possible makeimprovements. The Council will support theEnvironment Agency in seeking to improve riverquality throughout Calderdale through the followingPolicy:-

Policy EP 12

Protection of Water Resources

Development will not be permitted if:-

i. it would adversely affect the quality ofwater resources by means of pollution;or

ii. it would delay or prevent schemes toimprove river quality; or

iii. it would adversely affect habitats andspecies dependent on the aquaticenvironment.

Where development is permitted, theauthority will where appropriate make useof conditions and/or planning obligations toensure the maintenance of water quality.

12.30 In order to deal successfully with riverpollution, problems have to be eradicated oradequately controlled along the whole systembetween the main river, through the sewage treatmentworks (including sewage disposal) to the original


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source of any water pollution. There is, therefore, aneed to establish appropriate land-use policy tocontrol pollution. Yorkshire Water is responsible forthe supply of water and the treatment of sewage andeffluent at works, and the Environment Agencycontrols pollution and licence discharges into therivers.

12.31 Both the Environment Agency and YorkshireWater will be consulted on all development proposalswhich are likely to have an effect on ground andsurface water, sewerage infrastructure and sewageworks and their recommendations will be fullyconsidered before decisions are made. It is essentialthat no development is implemented or occupied untiladequate and appropriate systems for pollutionprevention or control are installed and operative. Ingeneral, development should only be accepted if itcan be served by public sewers. Private sewagefacilities serving larger developments may beacceptable in special circumstances, but are notgenerally supported. New development will beexpected to incorporate separate foul and surfacewater drainage systems. Wherever possible, surfacewater should be discharged to a suitable watercourse,soakaway or by Sustainable Drainage Systems(SUDS).These measures will prevent the overloadingof foul and combined sewerage systems andwastewater treatment facilities (see paragraphs 12.49to 12.50).

12.32 Non-mains sewerage and associated sewagedisposal is a growing concern in the remoter parts ofCalderdale. The inappropriate use of non-mainssewerage systems, particularly incorporating septictanks and cesspools, can give rise to the pollution ofland, watercourses and drinking water supplies.Cesspools cannot be regarded as a sustainable formof foul sewage disposal because they need to beemptied frequently and therefore, generateconsiderable transport movements. As a result,cesspools will not be permitted as a solution to fouldrainage disposal. In respect of other drainagesolutions, applicants will be required to demonstratethat non-mains drainage proposals will not cause anadverse impact on the environment, amenity andpublic health. Under the requirements of DETRCircular 03/99 'Planning Requirement in respect ofthe Use of Non-Mains Sewerage incorporating SepticTanks in New Development', applicants will beexpected to submit satisfactory information by wayof a drainage assessment including percolation testswhere necessary. Early discussions with the Councilare therefore recommended to ascertain informationrequirements. In addition to planning permission,applicants will need to obtain a discharge consent

from the Environment Agency for any discharge ofsewage effluent to controlled waters ('controlledwaters' includes rivers, streams, reservoirs,groundwaters and most lakes and ponds). Consentmay also be required for a discharge to a soakawayor self-contained pond. Planning obligations shouldalso include an expected maximum Biological OxygenDemand at the outflow point in line with current EUdirectives. The following Policy will therefore apply:-

Policy EP 13

Development Involving Non-Mains Drainage

Development proposals, which lie beyondthe limits of the public sewerage system, willnot be permitted unless the applicant candemonstrate, through the submission of aDrainage Assessment, that there will be noadverse effect on the environment, amenityand public health. Cesspools will not beregarded as an acceptable solution fornon-mains drainage.

Where development is permitted, the Councilwill, where appropriate, make use ofconditions or planning obligations to ensurethe land and buildings are not brought intouse before pollution controls are fullyoperational.

12.33 Yorkshire Water is responsible for theprovision of water to most properties in Calderdale.In the majority of cases the provision of a supply fromthe mains to the towns and other larger settlementswithin the District presents no major problems. Thewater supply comes from a combination of surfacewater and ground water sources and it is thereforeimportant that both these sources are protected.

12.34 The rivers are heavily exploited for thedrinking water supply of the area and there are 39reservoirs in the River Calder system licensed toprovide water for public supply. Ground water fromaquifers presents a particular problem since it takesdecades for pollution to move through the system andeffective clean-up is difficult and costly. Calderdaleoverlies a ‘minor’ aquifer where ground water isabstracted mainly for industrial purposes and toprovide the baseflow for rivers. However, some partsof Calderdale lie beyond the limits of the mains supplywhere water supplies are often from springs,boreholes, other underground supplies or fromsurface water run-off. These supplies are controlled


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under the Private Water Supplies Regulations 1991.Such supplies are subject to variability both in termsof quantity and quality and in some cases they aresub-standard. The control of development in theseareas is an important element in protecting the qualityof groundwater resources. Proposals affectinggroundwater will be assessed in accordance with theEnvironment Agency’s ‘Policies and Practice for theProtection of Groundwater’ (1998) and the followingPolicy:-

Policy EP 14

Protection of Groundwater

Ground and surface water will be protected.Development will not be permitted if thedrainage from it poses an unacceptable riskto the quality or use of surface or groundwater resources.

Applicants will need to demonstrate thatadequate foul and surface water drainageinfrastructure is available to serve theproposed development and that ground andsurface water is not adversely affected.

Canals and Rivers

12.35 The main river valleys of the District (Calder,Hebble and Ryburn) link all the towns of Calderdaletogether, and through them pass the main roads,railways and canals. The quality of the environmentin some parts of these corridors is in need ofimprovement. Canals and rivers have recreationaland amenity value and provide significant potentialfor increasing the attractiveness of Calderdale as aplace to visit, live and work. It is therefore importantthat a good environment is achieved in thesecorridors.

12.36 Waterways can provide a catalyst for theregeneration of the area because of their potential toprovide an attractive setting for development andincrease tourist opportunities. The 32 mile RochdaleCanal was fully restored for navigation throughCalderdale to the centre of Manchester and openedin Summer 2002. It forms part of the nationalwaterway system with the Calder and HebbleNavigation.This has created an attractive corridor forwalkers, boaters and fishermen and stimulated newinvestment in canalside property. In addition, newopportunities for nature conservation have also beenrealised. The Council will seek to encourage and

secure the improvement of all waterway corridors,including the Calder and Hebble Canal and RiverCalder. Whilst the enhancement of the River Calderis more problematic due to its steep banks, frequentfluctuations in levels and the amount of debris itcollects, opportunities for enhancement will beprogressed. The Council is a partner, along withYorkshire Water, the Environment Agency, Friendsof the Earth, Friends of Nature, Treesponsibility, theGreen Business Network and others in the CalderFuture initiative, which specifically seeks to improvethe River Calder and its tributaries and their banksides, and will continue to support this Project. InJune 2003, Calder Future published its first Strategyfor the river corridor, including an Action Plan. Thiswill be monitored and reviewed by the partnership.

12.37 The relationship between the waterways,traditional waterside buildings and the urban and rurallandscape needs to be maintained. This relationshipcan be destroyed by unsympathetic development.Similarly, because waterways have an important roleto play in the provision of wildlife habitats,development adjacent to them should be sympatheticto the needs of nature conservation. A SupplementaryPlanning Document is being prepared for 'WatersideDevelopment'.

12.38 The provision of increased access to thewaterside can create important new recreationopportunities, as well as providing links to the existingfootpath and cycleway network. This may beachievable when new development or extensions toexisting uses are proposed adjacent to a waterway.Canal towpaths tend to be level and wide and arewell suited for use by those who are less mobile, suchas the elderly and disabled.The improvement of thesepaths and access to them is therefore important toprovide facilities for all. The Council will imposeconditions or enter into planning obligations, wherenecessary, on planning approvals to secureimprovement and the creation of recreational andnavigational facilities. Subject to the availability ofresources, the Council will also seek to maintain andenhance existing waterside towpaths and footpathsas continuous routes. Therefore, the following Policywill apply:-

Policy EP 15

Development Alongside Waterways

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their recreational, tourist or environmentalvalue by:-

i. retaining and/or improving publicaccess, including access by disabledpeople, to and alongside the waterside,with, where feasible, new rights of way,with cantilevers where appropriate;

ii. opening up the waterside wherepossible, and subject to conservationand other UDP considerations, by theorientation of frontages towards thewaterside;

iii. retaining and/or improving the potentialfor navigational use;

iv. conserving the ecological and heritagevalue of the waterway and itssurroundings;

v. conserving the character and setting ofthe waterway; and

vi. incorporating appropriate qualitylandscaping.

12.39 The Rochdale Canal and Calder and HebbleNavigation are identified as Sites of Ecological orGeological Importance (SEGI’s) and as such are alsosubject to Policy NE 14.

12.40 The Environment Agency places greatemphasis on the achievement of appropriate riversidedevelopment, and sets out 'Local Contributions', whichidentify actions the Agency is going to take locally tomeet its vision. These 'Local Contributions' arefocussed on the priorities of the whole 'Ridings' area,and not individual catchments. The Agency canprovide more information on this approach.

Washlands and Floodlands

Planning has a positive role to play in ensuring thatflood risk is properly taken into account in theconsideration of proposals for development and thatadequate measures are taken to reduce the risk offlooding. Government guidance in the form of PPG25‘Development and Flood Risk’ (2001) and the DraftPPS25 'Development and Flood Risk' (2005) providesthe framework for the control of flood risk areas. Inaccordance with this approach, the Council will seekto:-

guide development away from areas at risk offlooding through the application of a sequentialtest for development;

ensure new development does not lead toadditional flood risks; andretain and where practicable restore naturalflood plain areas.

12.41 The Environment Agency takes the lead rolein providing advice on flooding issues in relation toapplications for development. The Agency identifiesa two-tier hierarchy of sites with a high risk of floodingwithin Calderdale.

Washlands

These areas are shown on the Proposals Map. Theyprovide essential storage for flood water and are theflood risk areas requiring the highest level ofprotection. If a river is deprived of its washland, forexample by development which raises the height ofland or creates a barrier to floodwater, this can leadto more serious flooding elsewhere. Whilst theseareas may be suitable for some recreation, sport,amenity and conservation uses, built developmentwill be wholly exceptional and will not be generallypermitted. A washland also operates as a functionalfloodplain.

Functional Floodplain

These are areas, of land, in addition to washlands,which are unobstructed or active areas where waterregularly flows in time of flood. The broad extent ofthese areas, based on the most recent 2005 StrategicFlood Risk Assessment maps, can be found atAppendix 8 and these should be used as a guide fordevelopers. Within the undeveloped areas of the 1 in100 year indicative floodplain, development forresidential, commercial or industrial use will notnormally be permitted, unless a particular location isessential, such as for navigation or water-based uses.In the case of residential uses, these will be restrictedto job-related accommodation. Where areas arealready developed within the 1 in 100 year indicativefloodplain, some limited development may beacceptable. However, in the vast majority of instancesthe applicant will need to provide a Flood RiskAssessment at the time of application, to assess theacceptability of development.

The washlands and indicative floodplains identifiedby the Environment Agency are subject to continualchange and monitoring and at any time could be moreor less extensive than those shown on the ProposalsMap. Up to date maps can be viewed in the CouncilOffices or on the Environment Agency’s website


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(www. environment-agency.gov.uk). For more detailedand up to date information, developers are advisedto contact the Environment Agency.

12.42 PPG25 advocates a sequential approach todeciding which areas are most suitable fordevelopment. The development strategy will be tolocate new housing, commercial and industrial usesprimarily on sites with little or no flood risk or low tomedium flood risk, where this is possible. However,due to the topography of Calderdale, the areas ofpreviously developed, flat land around the mainwatercourses provide a scarce supply of developableand accessible land, especially suited to industrialuses.Where development cannot be accommodatedon low to medium risk sites, the Council will considersites located within the developed parts of the 1 in100 year indicative floodplain to meet thedevelopment requirements of the Council. Developerswill need to provide a Flood Risk Assessment thatwill take account of the risks of flooding, the standardsof existing flood defences, the impact of climatechange and the potential to improve flood defences.In some cases, mixed-use developments may enablesites to be developed by locating open space etc inthe areas of high flood risk. Where conversions areproposed, it may be necessary to place the housingelement on the upper floors, with public areas on theground floors.

12.43 The Council will use the following preferredsequence of locations in allocating and permittingsites for development:-

i. Areas with little or no risk of flooding . Alltypes of development will be considered withinthese locations. A Flood Risk Assessment asstipulated in Policy EP19 will be requiredincluding the incorporation of SustainableDrainage Systems.

ii. Areas with a low to medium risk of flooding,classified as land within the 1 in 1000 yearfloodplain . Whilst these areas will be suitablefor most types of development, a Flood RiskAssessment will be required for prospectivedevelopment plan preparation, and with allappropriate planning applications (for instance,excluding minor residential and commercialextensions). Where a problem is identified,development may need to be of flood resistantconstruction and incorporate adequateevacuation procedures. These would becontrolled through conditions attached toplanning approvals. Advice must be sought fromthe Environment Agency on this issue.

iii. Areas with a high risk of flooding withinexisting developed parts of the 1 in 100indicative floodplain. These areas may besuitable for limited development, provided aminimum standard of flood defence can bemaintained for the lifetime of the development.Flood Risk Assessments will be required toassess the risk of flooding.The appropriatenessof development and the necessary forms ofmitigation/flood defence requirements andaccess/egress must be considered.

iv. Areas with a high risk of flooding withinundeveloped parts of the 1 in 100 indicativefloodplain . These will only be suitable fordevelopment if a particular location is essential,for example, to service water-based ornavigation uses. Residential uses within theseareas will be restricted to job-relatedaccommodation. A robust Flood RiskAssessment will be required to assess the riskof flooding.

v. Areas with a high risk of flooding indesignated Washlands. Built developmentwill be wholly exceptional. Some recreational,sport, amenity and conservation type uses maybe acceptable along with essential transportinfrastructure subject to a thorough Flood RiskAssessment.

Developers looking for sites for housing or otherdevelopment will be expected to have regard to thissequence. The Council, in consultation with theEnvironment Agency, may request the submission ofa Flood Risk Assessment by the applicant. Applicantsshould consult the Council prior to submitting theirplanning application, to ascertain whether there isany likelihood of flooding of their development or landelsewhere. If it is necessary to carry out a Flood RiskAssessment to fully consider the impact of thedevelopment, the onus will be on the developer tocarry this out and provide the necessary informationwith a planning application submission. Guidance onthe content of flood risk assessments is contained inAppendix F of PPG25.

12.44 Current uncertainties over possible climatechange make the need to safeguard floodplain areasparticularly important. Recent years have seen anincrease in the number of serious floods inCalderdale, as swollen tributary streams have flowedinto the main river system. Designated washlandareas will therefore, be protected from developmentto ensure storage capacity is not reduced and flows


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are not increased or impeded. The Council willsupport opportunities to restore the floodplain, whereit has been historically developed and damaged, toincrease its water storage capacity. The followingPolicy applies:-

Policy EP 16

Protection of Washland and FunctionalFloodplain

Within the designated washlands shown onthe Proposals Map and other areas offunctional floodplain, new development andextensions of existing uses will not bepermitted.

Exceptionally, some recreation, sport,amenity and essential infrastructure useswhich are considered appropriate will bepermitted provided:-

i. there would be no harm to the functionof the washland or floodplain;

ii. the use would not be at serious riskfrom flooding itself; and

iii. adequate flood mitigation and floodwarning measures are in place.

Within the 1 in 100 year indicative floodplain, thefollowing Policy will apply:-

Policy EP 17

Protection of Indicative Floodplain

In areas of flood risk identified as indicativefloodplain by the Environment Agency,development will not be permitted unless:-

i. the site lies within an area which isalready substantially developed;

ii. it would not increase the risks offlooding both on site and furtherupstream and downstream;

iii. it would not be at risk of flooding itself,particularly in respect of its impact onthe occupiers of the site;

iv. it would not impede access to awatercourse for maintenance;

v. it would provide adequate floodmitigation and flood warning measures;and

vi. provisions are made for adequateaccess/egress in times of flood.

12.45 Where a development is consideredacceptable subject to the carrying out of flood defenceor flood alleviation works, the developer will berequired to fund these fully and contribute to futuremaintenance, unless these are already programmedin accordance with Part One POLICY GCF 1. Thiswould be done through a condition or planningobligation attached to a planning approval, vestingthe defences with the operating authority. A dedicatedcommuted sum to cover the cost of maintenance fora period of 30 years will be required. If defenceimprovements are of wider benefit, the contributionshould be proportional to the benefits to thedeveloper. Negotiation of this figure will be up to theLocal Planning Authority. This issue is covered inmore detail in paragraphs 10.2 to 10.9.

12.46 There are many informal flood defencesalong the rivers in Calderdale, which have not beendesigned as defence structures and which aresubstandard. The areas behind these defences areat greater risk from flooding than some other areasin the indicative floodplain and will be subject to thefollowing Policy:-

Policy EP 18

Development Behind Flood Defences

Development behind flood defences will notbe permitted on land liable to flooding unlessthe standard of defence is appropriate andsufficient to safeguard the development.Where development is permitted in areaswith an inadequate standard of protection,appropriate increased protection will berequired prior to the commencement ofdevelopment.

Drainage and Flood Prevention

12.47 Large parts of Calderdale form part of thePennine hills on which high rainfall or melting snowcan cause flooding. This is a natural process, buthumankind’s interference with the flow of rivers andstreams and our general and often damaging impacton the total environment can have a significant impact


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on flooding. The careful control and management ofdrainage systems and watercourses throughout theriver catchment can assist in minimising the severityof flooding, pollution and enhance biodiversity inaccordance with Part One POLICY GNE 2. Solutionssuch as tree planting (see paragraphs 11.62 -11.80),reversal of moorland drainage schemes and thealleviation of ground compaction all have a role toplay in the overall flood prevention strategy as domeasures set out in the Plan to reduce the impact ofglobal warming, for instance by seeking to keep levelsof car ownership at their current rates or, if this doesnot prove possible, to reduce its rate of growth andhence achieve cutbacks in the release of climatechanging pollutants to the atmosphere. Nevertheless,policy is still needed to control actual flooding. Itshould be stressed that Policy EP19 will only beapplied to a limited number of developments, wherefollowing consultation with the Environment Agency,it is considered that the proposal could potentiallyhave a damaging impact on efforts to reduce theoccurrence of flooding in the district. Developmentoutside floodplains will be subject to the followingpolicy:-

Policy EP 19

Development Outside Floodplains

A limited number of developments outsidethe 1 in 1000 year indicative floodplain willrequire a Flood Risk Assessmentincorporating Sustainable Drainage Systems.As a minimum the assessment will considerflood risk from:-

i. groundwater flooding;ii. local flooding due to overland flow;iii. run-off exceeding the drainage network

capacity; andiv. flooding from existing minor water

courses.

12.48 Development reduces the ability of water topercolate into the land by replacing greenfield landwith hard-surfacing.Traditional drainage systems aredesigned to carry water away as quickly as possible.This alters the natural flow patterns and can lead toproblems elsewhere such as flooding downstream,pollution and damage to water and waterside habitats.Problems can also result if the watercourse isobstructed by development. Development may beacceptable providing a watercourse is improvedfurther downstream. Where this is necessary, the

works will need to be completed prior to thecommencement of the development and be fundedby the applicant. This will be secured through theapplication of a 'Grampian' type condition.Development will therefore be considered against thefollowing Policies:-

Policy EP 20

Protection from Flood Risk

Development will not be permitted if it wouldincrease the risk of flooding due to surfacewater run-off or obstruction, unlessagreements are in place which allow thecarrying out and completion of necessaryworks before the development is broughtinto use.

Policy EP 21

Developments Involving WatercourseImprovements

Where downstream works or improvementsto a watercourse are required in order tocater for development, approval will not begiven unless agreements are in place whichallow for the carrying out and completion ofthe works before the development iscommenced.

12.49 Sustainable Drainage Systems (SUDS)provide engineering solutions that mimic naturaldrainage processes rather than using traditional pipedmethods. Such systems can minimise the additionalflood risk that new development can cause bycontrolling surface water as near to source aspossible. This can make a significant contribution tomore sustainable patterns of development.Therefore,the Council will seek to ensure that new developmentsincorporate SUDS where this is practicable.

12.50 There is a wide range of SUDS includingdevices such as reed beds, infiltration trenches,detention basins, swales, porous pavements,retention ponds and filter strips. Developers shoulduse SUDS in preference to the traditional systems.Therefore, developers are advised to consult theEnvironment Agency, Highway Authorities and thewater undertakers for information on sustainabletechniques and to establish the most appropriate


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technique available to them at an early stage in theplanning process. Development will be subject to thefollowing Policy:-

Policy EP 22

Sustainable Drainage Systems

Where possible and appropriate,development proposals shall incorporateSustainable Drainage Systems. Where thisis not appropriate and possible, anacceptable alternative must be incorporated.

12.51 Culverting of open watercourses representsa major threat to the flood defences and the ecologyof an area. The Council will seek to prevent theculverting of open watercourses where possible andappropriate, to avoid increasing the risks of floodingand protect wildlife habitats and natural amenity. Sucha view is reflected in the policies of the EnvironmentAgency. The Council will, in addition, support there-opening of existing culverts to assist flood defenceand environmental purposes.The following policy willtherefore apply:-

Policy EP 23

Culverting of Watercourses

Culverting of watercourses within or relatedto development sites will not be permitted,unless it is essential for access across thewatercourse.

In appropriate locations, developmentproposals should incorporate the reopeningof culverts.

Overhead Power Lines

12.52 Calderdale is crossed by an extensivenetwork of overhead electricity power lines, some ofwhich, by reason of their scale and prominence,constitute alien features in the landscape, especiallyin the open uplands. Overhead lines can bedetrimental to visual and also to residential amenity,and can, in certain circumstances, generate noise.

12.53 National Grid Transco transmits electricityaround England and Wales at high voltages.Electricity transmission is at 400Kv and 275Kv and

is carried on large steel pylons, or in exceptionalcircumstances, by underground cable. The localelectricity distribution company, Yorkshire Electricity,distributes electricity to most consumers. This localnetwork of electricity lines of 132Kv and lower iscarried by steel pylons, on timber poles, or is laidunderground.

12.54 Council powers to control the developmentof the electricity transmission and distribution networkare limited, as electricity undertakings have permitteddevelopment rights under the Town and CountryPlanning (General Permitted Development) Order1995 (as amended). The Government determinesproposals for the construction of these electricity lines,but the Council is given the opportunity to comment.If the Council objects to an electricity line, theSecretary of State must hold a public inquiry.Applicants such as National Grid Transco are requiredto submit an extensive analysis of the impact of theirproposal on the environment. In selecting electricitytransmission routes National Grid seeks to reducethe number of people affected and the degree towhich they are affected. The nature and topographyof the landscape and any statutory protection affordedto an area are also taken into account.

12.55 The Council will seek to influence the locationand number of overhead electricity lines feeding intoand through the district and thus, avoid further impacton the landscape, the environment, the character ofthe area and on residential amenity. Proposals inemployment/industrial areas do not generally raiseconcerns. Applications will not be supported in certainsensitive locations, where such development isconsidered inappropriate.This is likely to be the casein designated areas of nature conservation value andwhere development is likely to affect sites andfeatures of historic interest, or residential areas.Discussion will be sought at an early stage betweenYorkshire Electricity, National Grid and the Councilto assess the options for alternative routes and thepossibility of siting cables underground to ensure thevisual and environmental effects of new electricitylines are minimised. It is recognised however, thatthe undergrounding of high voltage lines will only takeplace in exceptional circumstances and that the mostappropriate approach would be to minimise the visualimpact in the routing of an overhead line. NationalGrid Transco has also recently published 'DesignGuidelines for Development Near High VoltageOverhead Lines', which provides useful advice in thisarea. Development will need to be consistent withother policies of the UDP and will be subject to thefollowing policy:-


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Policy EP 24

Control of Overhead Electricity Lines

Where the Council is consulted on anapplication for a new overhead electricityline, it will seek to ensure through itsconsultation response that any unacceptableimpact on the landscape, residential amenityor the environment is avoided and that thefollowing areas should be avoided whereverpossible:-

i. the Special Protection Area and SpecialArea of Conservation;

ii. Sites of Special Scientific Interest orother important nature conservationsites;

iii. Conservation Areas and sites, buildingsor parks/gardens of historic orarchitectural interest including ListedBuildings and Scheduled AncientMonuments;

iv. existing residential areas; andv. open moorland.

12.56 The Council will seek to ensure that, whereappropriate and necessary, power lines are sitedunderground for amenity reasons. However, this maynot always be the most appropriate means of sitingcables since, ‘undergrounding’ can have majorenvironmental implications. Underground cables makea big impact on the landscape during constructionand can damage sensitive habitats, archaeologicalsites and existing land uses. Furthermore, in the caseof high voltage lines (of or greater than 132Kv), thereare also technical, practical and cost disadvantagesof this method. An assessment of these issues willneed to be made in the consideration of anyapplication.

12.57 The Council will have regard to the amenityof potential occupiers in determining planningapplications for developments close to electricity lines.In addition, statutory safety clearances, which aredefined to ensure the safe operation of the overheadline from contact with objects, must be maintained byany development taking place near to overhead lines.These are published in the Electricity SupplyRegulations 1988. In considering applications fordevelopment in close proximity to overhead powerlines the Council will give great weight to the adviceand guidance issued by the National RadiologicalProtection Board (NRPB) on the possible health risks.

A review by the NRPB 'Electromagnetic Fields andthe Risk of Cancer' (2001) indicates that there is nogood evidence to link the radiation produced byelectricity lines with health risk. Research into this,by the Government and its advisors, is continuing.

Energy Efficiency

12.58 Buildings account for almost half of the UK’sdelivered energy consumption and associatedemissions of carbon dioxide, the main greenhousegas capable of causing climate change. Buildings andsite layouts, which are designed to achieve maximumenergy conservation, can therefore contributesignificantly to sustainable development by reducinggreenhouse gas emissions and utilising naturalresources.

12.59 Energy conservation in buildings is largelypromoted through Building Regulations legislation.However, Planning has an important complementaryrole in determining the layout and design ofdevelopment schemes.

12.60 Energy conservation measures, and inparticular the use of solar energy, can oftenfundamentally alter the appearance of a building.Thecontemporary designs that can result will besupported, providing that they are of a high qualityand do not detract from the character and appearanceof an area, as highlighted in paragraphs 12.82 to12.90. The concept of sustainable design and anyaccompanying new building technologies is set toflourish in the future. As such, it is important that thesebuildings are integrated and readily accepted into thetownscape and landscape of Calderdale.

12.61 Where possible, developers should seek toconstruct energy efficient buildings, by utilising someor all of the principles and techniques set out below(for further information on the subject and clarificationof terms used refer to the Renewable Energy section,POLICY GEP 1, Policy EP 26, Policy EP 31 andPolicy EP 32 and the Chartered Institution of BuildingServices Engineers, Energy Efficiency Guide F,‘Energy Efficiency in Buildings’, (2004)):-

i. incorporate (or make provision for the future useof) active solar technologies e.g. photovoltaicsolar panels;

ii. make the maximum use of solar gain byorientating buildings to face within 30 degreesof due south;

iii. incorporate large south facing windows tomaximise solar gain and keep to a minimum thenumber and size of north facing windows;


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iv. ensure the enhanced insulation of all buildings,particularly those that are not orientated to thesouth;

v. design internal layouts to include the positioningof rooms requiring higher temperatures (e.g.living rooms) to the south side in order tomaximise passive solar heating;

vi. use storage areas, corridors, or rooms withlower demands for heating or lighting to act asbuffer zones to the colder northern aspect ofthe building;

vii. use timber window and door frames inpreference to uPVC;

viii. design elements of the building to takeadvantage of earth insulation;

ix. position external doors in sheltered locationsand provide them with conservatories or porchesto conserve heat;

x. incorporate pitched roofs into a development asthese require less maintenance than flat roofs;

xi. provide south facing pitched roofs angled atbetween 15 to 40 degrees as these provide theideal gradient for solar panels;

xii. incorporate steep pitched roofs facing prevailingwinds as these can help to break up wind flow;

xiii. use recycled and locally sourced andmanufactured materials;

xiv. use materials which are energy efficient toproduce such as timber;

xv. provide for the recycling of rainwater and greywater (i.e. non-sewage water) on site; and/or

xvi. locate taller buildings on the northern parts ofdevelopment sites.

12.62 Whilst giving full consideration to theincorporation of these design principles indevelopments, full note should also be taken of thefollowing Policy:-

Policy EP 25

Energy Efficient Development

New development should be energy efficient.Where possible and appropriate,development proposals must incorporateenergy efficiency and conservationtechniques and technology in terms ofdesign, orientation, layout and materials,provided that in addition they must beconsistent with other UDP policies.

12.63 The use of energy is an integral andimportant part of the social and economic fabric ofCalderdale. The majority of energy production relieson non-renewable natural resources (fossil fuels),such as coal, oil and gas. The extraction of theseresources causes harm to the environment, and moreimportantly their use in power generation is known tobe a major contributor to global warming.The burningof fossil fuels to generate electricity releases highlevels of carbon dioxide, the most significant of the‘greenhouse gases’, into the atmosphere. Thiscontributes to long-term climate change.The Councilwill seek to assist the reversal of global warming andthe wise use of non-renewable resources through theapplication of the following Part One Policy:-

POLICY GEP 2

MANAGEMENT AND CONSERVATION OFNATURAL RESOURCES

DEVELOPMENT PROPOSALS SHOULDINCORPORATE THE SUSTAINABLE ANDEFFICIENT USE OF THE DISTRICT’SNATURAL RESOURCES AND MAXIMISE THEUSE OF POTENTIAL RENEWABLE ENERGYRESOURCES.

12.64 The inefficient use of energy is also asignificant cause of pollution. It is therefore, importantthat the use of all forms of energy are carefullymanaged to ensure that maximum efficiency isobtained in the interests of environmental protection.A range of methods can be employed to conserveenergy and promote its efficient use. These include:-adapting existing buildings to accommodate and usemodern energy efficient and conserving technologies;designing efficient new buildings and developmentlayouts, using communal rather than individualfacilities; and ensuring developments are served bypublic transport. Policies on energy efficient modesof transport are dealt with in the Transport Section.

12.65 The use of Combined Heat and Power (CHP)systems is a major part of the Government’s approachto energy efficiency and conservation.This technologyis suitable for buildings requiring a simultaneous needfor hot water and electricity, such as swimming pools,hotels, leisure centres and mixed developments. CHPcan reduce emissions into the atmosphere byreducing the total fuel consumed in on-site boilers.However, the boilers tend to create more noise thantraditional boilers and can, therefore, create localenvironmental concerns. In most cases, these


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problems can be overcome by good design andcorrect operation. The issue of noise is covered inparagraphs 12.8 to 12.9 and Policy EP 3 and PolicyEP 4.

12.66 At present, there is only one scheme inCalderdale using this form of technology - TodmordenSports Centre. The Council will support applicationsfor and investigate the feasibility of further CHPschemes within the future. The following Policy willapply:-

Policy EP 26

Encouraging the Use of Combined Heat andPower Systems

Developments incorporating Combined Heatand Power Systems or other energy efficientsystems of operation or building designs willbe permitted providing there would be noharm to the amenity of users of the site orthe surrounding area.

Renewable Energy in New Developments

12.67 To help meet the national and regionalrenewable energy targets, major proposals foremployment, retailing and residential developmentwill be required to incorporate appropriate renewableenergy heating or power systems. The expectationwill be that at least 10% of the predicted annualenergy requirements of a particular developmentshould be met by means of independent renewableenergy generation up until the end of 2010. This willincrease to 15% from the end of 2010 until the endof 2015 and increase again to 20% from the end of2015 until the end of 2020. This reflects theGovernment’s targets established in the GovernmentWhite paper (paragraph 4.11) and also included inparagraph 2.2 of the Companion Guide to PPS22.These targets are also expressed in the RegionalSpatial Strategy for Yorkshire and the Humber to 2016in Policies S6 and R12. The relevant target is thatcurrent at the time a development is approved.Therefore for example, in 2011 a new scheme comingforward will have to provide for 15% of its energyrequirement and any new scheme coming forward in2016 will have to provide for 20%. A progressiveincrease in the target will not only allow developersto become accustomed to the principle over time, butalso allow the policy to develop in accordance withnational and regional policy.

12.68 Renewable resources encompass a broadrange of technologies and it is extremely unlikely thatnone will be practical in relation to a particularscheme. However, in cases where a developer hasconcerns about the feasibility of incorporating on-siterenewable energy generation the Council will requirea statement to substantiate the position. This shouldconcentrate on the technical reasons as to why it isnot practicable to incorporate on-site renewableenergy generation. This should be submitted at thedesign stage when the technical assistance from theCouncil can be employed to address any difficulties.Technical grounds may include, for example,circumstances where overshadowing limits the scopeof some solar renewable energy sources or wheresiting is too poor to take advantage of renewableenergy provided from wind turbines. Such situationsare considered to be the exception rather than therule.

12.69 There are a number of technologies whichdevelopers could install to meet these targets,including: solar thermal heat panels, solar photovoltaicpanels, biomass fuelled community heating andcombined heat and power (CHP) plants, communityenergy plants, wood fuel boilers, air, ground and watersourced heat pumps, small-scale wind, small-scalehydro and fuel cells. Details of the varioustechnologies are available now and how they areapplied in Calderdale will be available as aSupplementary Planning Document.There is supportand assistance available to developers from withinCalderdale Council e.g. Housing Energy Team andthe Sustainable Development Unit, and grantschemes and tax incentives available to assistdevelopers meet the targets e.g. Major Photo-voltaicDemonstration Programme and the Enhanced CapitalAllowance scheme. For the purposes of Policy EP27,major developments are defined as 1,000 squaremetres (gross) or more of employment or retailfloorspace or at least 25 dwellings.


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Policy EP 27

Renewable Energy in New Developments

Major employment, retail and residentialdevelopments (either new build, conversionor renovation) will be required to incorporateon-site renewable energy generation toprovide at least 10% of predicted energyrequirements up until 2010, 15% up until 2015and 20% up until 2020.

Development of Renewable Energy

12.70 Renewable energy is the term used to coverthose energy sources that occur or re-occur naturallyin the environment, such as from the sun, wind orwater.They are essentially clean, produce no or lower‘greenhouse gas’ emissions and they can make animportant contribution to meeting the requirementsof future ‘greenhouse gas’ reduction commitments.

12.71 Government policy on renewable energy isset out in the Energy White Paper, ‘Our energy future– creating a low carbon economy’ (2003). Thisestablishes a national target of achieving 10% ofelectricity needs from renewable energy by 2010,increasing to 20% by 2020.

12.72 The planning system is charged withpromoting and encouraging, rather than restricting,the development of renewable energy resources inorder that the Government’s renewable energy targetis met. PPS22 ‘Renewable Energy’ (2004) providesthe national planning framework for promoting andconsidering proposals for renewable energy uses andencourages Local Authorities to consider theopportunity for developing renewable energy projectsin connection with new developments.

12.73 The Government Office for Yorkshire andthe Humber has outlined the regional targets in theRegional Spatial Strategy for Yorkshire and theHumber to 2016 (2004).The RSS acknowledges thatthe current pattern of energy use is unsustainableand that Local Authorities should ‘Include policies andproposals in development plans to achieve a regionalgeneration target of at least 9.4% of electricityconsumption from renewable resources by 2010 and22.5% by 2020’ (The Regional Spatial Strategy forYorkshire and the Humber to 2016, Policy S6e).

12.74 The main renewable energy sources can besummarised as:-

SolarBiomassHydroWindLandfill gasMunicipal and industrial wasteHeat exchange/transfer from rivers or theground

12.75 The ‘Lancashire and Yorkshire RenewableEnergy Planning Study’ (ETSU, 1997) identified solarpower as the biggest renewable energy source inWest Yorkshire, followed by waste, biomass, windand small-scale hydro projects. A 'Renewable EnergyAssessment and Targets Study for Yorkshire and theHumber' (2001) stated that, “renewable energysources contributed less than 1.5% of the region’stotal production of electricity.” The study went on tosuggest sub-regional targets for the period up to 2010,with West Yorkshire’s allocation being 74Mw overand above its existing output. This target is set out inthe RSS for Yorkshire and the Humber to 2016, PolicyR12. A mechanism is to be set up to divide this targetbetween the five local planning authorities in thesub-region, but this has not yet been put in place.

12.76 At the local level, the Council and its partnersare committed to the reduction of 'greenhouse gases'through the exploitation of renewable energy and thepromotion of energy conservation and has includedthese in Calderdale's Local agenda 21 Strategy - '21for 21'. The need to increase renewable energyproduction in Calderdale is also set out in Section 5of Calderdale Forward's (the local strategicpartnership) Futures Plan published in 2003.

12.77 Most of the renewable energy technologieshave potential use in Calderdale. Their potential inplanning terms , would depend upon the scale of theproject and whether it meets the environmentalconsiderations of Policy EP 25. The main planningpressure continues to be energy generation fromonshore wind reflecting the topographicalcharacteristics of the area and its wind resource.However, there is a need to encourage all potentialrenewable energy sources including wind, providingthey are appropriately scaled. Micro-generation andthe cumulative impact of many small generators willform a crucial part in meeting the Energy White papertargets. Generating energy at the point of use is themost sustainable form of generation; it also improvessecurity of supply and reduces inherent energy lossesin the transmission and distribution system.

12.78 There are a number of renewable energyschemes already in existence in Calderdale. These


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vary from individual household solar panels anddomestic wind turbines to landfill gas extraction atPark Pit Landfill Site, Elland and commercial windturbines on Ovenden Moor. These technologiescurrently represent some of the most promisingsources of renewable energy in the area. However,it is recognised that the production of electricity fromlandfill gas is limited within Calderdale due to the lackof landfill sites in the area. The use of alternativemeans of waste disposal and the application of landfilltax are also likely to preclude the further developmentof this form of technology. Potential also exists forpower generation from waste incineration anddigestion.This is dealt with more fully in 14 on WasteManagement.

12.79 PPS22 emphasises the importance ofbalancing the need for the generation of energy fromrenewable sources with the impact of the proposeddevelopment on the local environment. Whilst theCouncil will support applications for developmentsthat generate energy from renewable sources, thereis also a need to ensure that developments areappropriate and suitable to their location. It isrecognised that many renewable energy proposals,such as for wind and water power, will requirelocations close to the source of power. Suitable siteswill often be in remote upland areas and in the GreenBelt, and may also raise important landscape,ecological, archaeological, heritage or amenity issues.

12.80 All renewable energy proposals will beconsidered in terms of their impact on nearby landuses and activities and their contribution to meetingrenewable energy targets in accordance with thefollowing Policy:-

Policy EP 28

Development of Renewable Energy Sources

Proposals for the generation of energy fromrenewable resources will be permittedprovided:-

i. the environmental benefits of thescheme in meeting local, regional andnational energy needs and reducingglobal pollution outweigh any adverseimpact;

ii. the development would not causesignificant harm to the visual quality orcharacter of the landscape, to the localenvironment or to therecreational/tourist use of the area;

iii. the development would not significantlyharm designated sites of natureconservation value or sites ofarchaeological or historic importance;and

iv. the development would preserve orenhance any Conservation Areas andnot adversely affect Listed Buildings ortheir settings.

12.81 For projects of a significant scale, applicantswill be expected to undertake an EnvironmentalImpact Assessment (EIA) under the Town andCountry Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 (as amended)to evaluate the effect of the proposal. Developersshould contact the Council as early as possible toobtain a screening opinion to determine whether anEIA is necessary.

12.82 The operation of renewable energydevelopments could be adversely affected bysubsequent development. For instance, wind speedscould be reduced as a result of the erection of tallbuildings or water speeds impeded by upstreamdevelopments. The Council will therefore, controlfurther development in the immediate vicinity ofrenewable energy installations through theimplementation of the following Policy:-

Policy EP 29

Developments Close to Renewable EnergyInstallations

Proposals for development in the vicinity ofa renewable energy scheme will not bepermitted if it would have a detrimental effecton the operation of the electricity generationplant.

Wind Power Developments

12.83 Wind power involves harnessing the wind todrive turbines. Developments can take the form ofsingle turbines for individual properties or moresubstantial schemes, often called wind farms. TheSouth Pennine Moors is an upland area, providingrelatively high wind speeds and the potential todevelop energy from the wind. Many parts of theupland moors are of national and internationalimportance for the habitats and species found there,and are a major recreational resource for the wild,


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unspoilt landscapes that they contain. Whilst windfarms can be justified in order to provide forrenewable energy production, they may have anunacceptable impact on areas of high landscape ornature conservation value by virtue of their nature,the size, number and massing of turbines or location.The approach is therefore to achieve a balancebetween increasing renewable energy in the districtand beyond, and avoiding unacceptable damage tothe environment and its key assets. A particularconcern is the potential for a proliferation of windprojects and their cumulative impact in Calderdaleand the surrounding local authority areas.

12.84 Specific controls are necessary for thegeneration of power from the wind. The StandingConference of South Pennine Authorities (SCoSPA)‘Memorandum of Understanding’ establishesprinciples for wind power developments in and aroundthe South Pennines and this provides the context forthe policies in the Plan. Additionally, local planningauthorities on the Yorkshire /Lancashire border meeton a regular basis to share information and views onrenewable energy (including that from wind) issuesand proposals in their areas, whist consultations onsubmitted planning and energy applications forprojects take place between them.

12.85 It will therefore be necessary to assess thesuitability of applications in relation to the followingsubject areas:-

Landscape, including the integrity of the Penninelandscape as a whole;Nature Conservation;Archaeology, Conservation Areas and ListedBuildings;Recreation and Tourism (including walking);Amenity, including noise, visual impact andblade flicker;The impact of associated infrastructure, suchas access, drainage and water supply.

As a general rule, it will be preferable for wind turbinesto be located away from the more environmentallysensitive areas of the District. In order to protect thequality and character of the landscape, applicants willbe expected to seek locations that make the best useof the topography and physical features to reduce theimpact of turbines. The following Policy will apply:-

Policy EP 30

Wind Power Developments

Proposals for the development orredevelopment of wind farms or individualwind turbines will be permitted providedthat:-

i. the development does not causesignificant harm to the visual quality orcharacter of the landscape, to the localenvironment or to therecreational/tourist use of the area;

ii. the development would not significantlyharm designated sites of natureconservation value or sites ofarchaeological or historic importance;

iii. the development would preserve orenhance any Conservation Areas andnot adversely affect Listed Buildings ortheir settings;

iv. the development does not detrimentallyaffect the amenity of local residents;

v. the siting, number and massing, design,materials and colour of the turbines andancillary structures minimise theirvisual impact;

vi. access for construction traffic wouldnot give rise to highway danger orpermanent damage to the environment;

vii. the developer undertakes the removalof structures and full restoration of thesite, to the satisfaction of the Council,should the whole, or part of the sitebecome inoperative for powergeneration purposes; and

viii. the development would not significantlyharm surface water, drainage,groundwater or water supply.

12.86 Applicants will be required to providesufficient information on the likely environmentalimpacts of the proposal for all wind turbinedevelopments. However, in many cases, particularlywith medium and large-scale wind farms, a full scaleEIA will be required. In addition, in response toCircular 1/2003 (DfT/ODPM) on the safeguarding ofaerodromes and other installations, planningapplications and related proposals for wind turbinedevelopment within predefined consultation zones


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will be the subject of consultations with appropriatebodies. This procedure is fully set out in paragraph9.75 to 9.79 and Policy T 27 in the Transport section.

Solar Power

12.87 Solar energy technologies are mature andwell established but despite large-scale uptake ofsolar technologies throughout Europe, Japan and theUS, uptake in the UK has been relatively slow. Thereare two active solar technologies; solar thermal andsolar photovoltaics (PV), and a passive techniqueobtained through design:

Solar Thermal Panels - The solar hot watersystem converts solar radiation into hot waterthrough a heat transfer system. A well-designedsystem will provide over 50% of a building'sannual hot water requirements.This technologyis also used for swimming pools.

Solar Photovoltaic Panels - A solar PV panelwill convert solar radiation into electricity,powering ordinary electrical equipment.Installations are usually connected to theNational Grid though can be stand alone off gridsystems

Passive Solar Design - This involves designingbuildings to make optimal use of the energyfrom the sun, by having open aspects on southfacing building plans. This obtains free directheat and natural daylight, minimisingdependence on fossil fuels.

12.88 An increasing number of properties areinstalling solar thermal and PV systems in Calderdale.This is partly due to residents becoming more awareof the potential benefits of installing these systems,but mainly because of the increasing support availableto Calderdale residents. A number of grant schemesare now available, further reducing the installationcosts, these are; the DTI’s Clear Skies Programme(householders, community and public bodies), theDTI’s Major Photovoltaic Demonstration Programme(all end users) and the Carbon Trust’s EnhancedCapital Allowance Scheme (businesses). There arealso technology support programmes operating inWest Yorkshire, established to assist residents,organisations and businesses through the installationprocess. These are; Simply Solar for solar thermalenquiries and the Sunrise Project for solar PVenquiries. Information on all of these initiatives isavailable from Calderdale’s Housing Energy Teamor the Sustainable Development Unit..

12.89 Whilst the Council will support proposals forthe installation of solar thermal and solar PV panels,consideration will be given to amenity concerns.Special care will be taken over the positioning of solarand photovoltaic panels on or within the curtilage ofa Listed Building or within a Conservation Area toensure that the development would not have anadverse effect on the character, appearance or settingof the building or area. Panels proposed on Grade Ior II* Listed Buildings are less likely to be acceptable.It may be acceptable in appropriate circumstancesfor these to be incorporated into a listed buildingdevelopment provided that it is in keeping with thecharacter of the area and/or the building itself. Incircumstances where panels may not be placed onbuildings they may be able to be placed within thegrounds of a property providing it has no significantvisual impact. Further details on the controls applyingto Listed Buildings and Conservation Areas can befound in paragraphs 8.48 to 8.70. Proposals will beconsidered against the following Policy:-

Policy EP 31

Development Incorporating Solar Heatingand Power Systems

Development proposals incorporating theinstallation of solar heating and powersystems will be generally encouraged andpermitted, provided that:-

i. the proposal would not harm theamenity of the area;

ii. the solar thermal or photovoltaic panelswill not be installed on a Listed Buildingwhere there would be a detrimentaleffect on the special architectural orhistoric character of the building; and

iii. the solar thermal or photovoltaic panelswill not be installed within the curtilageof a Listed Building where there wouldbe a detrimental effect on the setting ofthe building or within a ConservationArea where this would not preserve orenhance the area.

12.90 Whilst photovoltaic (PV) technology has beenlimited by the high cost of manufacturing the PV cells,it has been established for a number of years as aneconomic means of power supply in remote areas,where cabling costs are expensive or not feasible.Costs have steadily reduced and this type oftechnology may now be a potential renewable source


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in the District to supply the local distribution network.Innovations have also been made in the appearanceof PV cells. There are products on the market, whichare nearly indistinguishable from roof tiles and insome instances these may provide an option forhistoric properties. In recognition of the part PVtechnology can play in delivering the Government’senergy targets, Section 6 of the Technical Annexattached to the Companion Guide to PPS22‘Renewable Energy' (2004) provides guidance on PVtechnology and its main applications. Developerscontemplating the use of PV systems are advised toconsult this Annex.

12.91 Energy costs and consumption can bereduced dramatically through the use of passive solardesign methods.The location, orientation and designof buildings, as well as landscaping, are a number ofelements that can influence energy demand. Designissues are dealt with in paragraphs 12.57 to 12.61.The Council will seek to encourage the use of passivesolar design methods where possible in developmentproposals through the application of Policy EP 25.However, where existing developments incorporatepassive solar techniques, it will be necessary toprotect these from new development or landscapingproposals that would harm their energy efficiencysuch that occupiers would have to supplement theirheating and lighting. As a result, the following Policywill apply:-

Policy EP 32

Protection of Solar Heating, PhotovoltaicPanel and Passive Solar DesignDevelopments

Where possible and appropriate, maximumuse of passive solar design techniques shallbe incorporated in development projects.Where an existing development utilisespassive solar design techniques, newdevelopment will not be permitted if itsheight or spacing would overshadow thesouthern elevation of a passive solar designdevelopment or an existing active solarpower or photovoltaic installation and reducesolar gain.

Connection into the Local ElectricityNetwork

12.92 Renewable energy is particularly well suitedto meeting small-scale demands for heat and power.

If renewables are to make a substantial contributionto national energy demand, large-scale generationfacilities are required, along with a means ofdistributing energy to users through the electricitynetwork. Renewable projects tend to link into the localdistribution network or straight to a local user ratherthan into the national grid because of their generallysmaller generation capacity. This is known as‘Embedded Generation’. This can result in costsavings and efficiency and it allows electricity to beprovided close to the point of consumption anddemand. However, the capacity of the local electricitynetwork to accommodate new generation is variable.In remote areas, such as those where the best windand hydro resources are frequently found, there maybe no existing electricity distribution infrastructure atall and no houses or businesses to directly feed into.

12.93 The arguments for and against overhead andunderground electricity cables are outlined inparagraph 12.56. The Council will support energygeneration sites close to or within areas of demandwhere these can be accommodated without detrimentto residential amenity or areas designated for theirnature conservation value. Proposals will beconsidered against the following Policy:-

Policy EP 33

Renewable Power Generation

New power lines between a renewable energydevelopment and the point of connectioninto the local electricity network or a localuser will be permitted provided there is nosignificant conflict with other policies of thePlan and no adverse impact on the amenityof residential areas. Consideration will begiven to the environmental benefits of thescheme in meeting local energy needs andreducing global pollution .


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13 Minerals

Introduction

13.1 Minerals are an important element in thenational, regional and local economy. Theirexploitation can make a significant contribution toeconomic prosperity and quality of life, but this mustbe done in such a way as to achieve environmentalobjectives as well. The Government wishes to seeindigenous mineral resources developed within itsbroad objectives of encouraging competition,promoting economic growth, creating employmentand achieving environmental protection. Theseprinciples have been translated into the Government’sMineral Planning Guidance (MPGs) and MineralPolicy Statements (MPS). Of particular relevance areMPS 2 ‘Controllling and Mitigating the EnvironmentalEffects of Minerals Extraction in England', MPG3 ‘CoalMining and Colliery Spoil Disposal’ (1999) and MPG6‘Guidelines for Aggregates Provision in England’(1994) and the Regional Spatial Strategy for Yorkshireand the Humber (RSS) (2004). The Council, infulfilling its role as the Mineral Planning Authority forCalderdale, applies government policies and adviceby ensuring that there is a sufficient and sustainablesupply of minerals to meet the needs of society, whilstat the same time protecting the environment and localcommunities.

The Geology of Calderdale

13.2 The solid geology of Calderdale sees LowerCarboniferous rocks outcropping at the surface, thesebeing overlaid in areas by more recent drift material,peat on the uplands and sands and gravels in thevalley bottoms, particularly in the east of the District.The Carboniferous strata are typified by anever-changing succession of sandstones, gritstones,shales and mudstones.The sandstones and the veryhard Millstone Grit have been, and will continue tobe, worked for building stone and crushed aggregate.These materials contribute significantly to regionaloutput, and will continue to be of importance in thefuture.

13.3 Shale, mudstones and clays from the stratahave been extensively worked in the Halifax, Elland,Hipperholme, Shelf and Todmorden areas for use inthe manufacture of bricks, pipes, pottery, refractoryand vitrified clayware goods, although much of theactivity has now ceased, as reserves have beenexhausted and the demands of the market havechanged. There is currently major clay and shale

working at Strangstry Wood near Elland, wherereserves need to be protected in the future. Othersmall workings also survive.

13.4 Sand and gravel deposits in the Calder Valleyare often contaminated with shale and coal and arenot of the highest quality. The thicker beds are notfound in Calderdale, but in the east of West Yorkshirewhere a large proportion is used in concrete products.There is no active sand and gravel working inCalderdale at present.

13.5 Historically, there has been some mining ofcoal using deep-mined and opencast methods fromthe Lower Coal Measures in the east of the district.A small opencast coal operation is working in Shelfat the present time. Resources of coal remain in theseareas and also in the Pennine areas to the west ofTodmorden. There are abundant resources of peatin the Pennine uplands but it is not consideredappropriate to work this resource (see Policy M 7).There is also the remote possibility of oil and gasresources occurring in the Carboniferous strata,although these have not been investigated.

Minerals Strategy for Calderdale

13.6 Minerals are a finite resource and it isimportant that the winning and working of buildingstone, aggregates and other materials is carried outin a sustainable manner. Proposals for new orextensions to existing mineral workings will be testedagainst the sustainability criteria that apply throughoutthe Plan. In pursuing the principles of sustainabledevelopment in the consideration of minerals, theCouncil will seek to:-

conserve resources as far as possible whilstensuring an adequate supply to meet the needsof society;minimise production of waste and encourageefficient use of materials including the use ofhigh quality materials and recycling of waste;minimise the environmental effects of quarryingoperations and related activities;encourage sensitive working practices duringmineral extraction and preserve or enhance theoverall quality of the environment onceextraction has ceased; andminimise impacts from the transport of minerals.

13.7 These aims are incorporated within theMinerals Strategy contained within the following PartOne Policy:-

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POLICY GM 1

MINERALS STRATEGY

PROVISION WILL BE MADE FOR ACONTINUING SUPPLY OF MINERALSINCLUDING AGGREGATES AND RECYCLEDAND SECONDARY MATERIALS INACCORDANCE WITH NATIONAL ANDREGIONAL GUIDANCE HAVING REGARD TOTHE NEED TO ENCOURAGE THE EFFICIENTUSE OF AGGREGATES AND MINIMISATIONOF WASTE AND TO SAFEGUARD THEENVIRONMENT AND PROTECT LOCALCOMMUNITIES.

MEASURES WILL BE UNDERTAKEN TOENSURE THAT MINERAL WORKING DOESNOT CREATE UNACCEPTABLEENVIRONMENTAL, AMENITY,TRAFFIC,SAFETY AND OTHER EFFECTS ON THELANDSCAPE, ENVIRONMENT AND LOCALINHABITANTS AND THAT SITES ARERESTORED TO A BENEFICIAL AFTER-USE.

Future Demand for Aggregates

13.8 The Council, in conjunction with the other WestYorkshire District Councils, is responsible for ensuringthat West Yorkshire contributes to the supply ofaggregates. The Yorkshire and the Humber RegionalAggregates Working Party under national guidanceissued by the DCLG provide advice on aggregatesupply and demand to the minerals planningauthorities in West Yorkshire. The guidance onaggregate provision is set out in MPG6. Theguidelines for land won aggregate provision inEngland contained in Annex A of MPG6 have beenrevised for the period 2001-2016. All other parts ofMPG6 will remain in force until stated to be replacedby a later document. The regional guidelines are tobe apportioned by the Regional Planning Body to therelevant mineral planning authority areas after takinginto account the advice of the Regional AggregateWorking Party and the likely impacts of the impliedextraction. The revised guidelines for land wonproduction for the period 2001-2016 reflect an overallfall in the national demand for aggregates and asubstantial increase in the use of alternatives toprimary won aggregates utilising construction anddemolition waste. The new guidelines set a figure of73 million tonnes of sand and gravel and 220 milliontonnes of crushed rock for the Yorkshire and HumberRegion.The new guidelines take account of a revised

national target of 60 million tonnes per annum by2011 for the use of alternatives to primary wonaggregates. The revised target figure for the use ofalternatives together with the Aggregate Levyintroduced in April 2000 are important steps inreducing the demand for primary won aggregates.POLICY GM 1 and POLICY GM 2 aim to ensure thatthe Council continues to contribute towards themaintenance of regional supply patterns inaccordance with Government guidance whilstadopting a sustainable approach to mineral working.

POLICY GM 2

AGGREGATE MINERALS

PROPOSALS FOR AGGREGATE MINERALEXTRACTION WILL BE ASSESSED AGAINSTTHE AIM OF MAINTAINING A LANDBANK OFPERMITTED RESERVES OF AGGREGATEMINERALS, AND WILL CONTINUE TOCONTRIBUTE TOWARDS MEETINGCALDERDALE’S SHARE OF THEAGGREGATES DEMAND IN THE REGION ONTHE ADVICE OF THE YORKSHIRE AND THEHUMBER REGIONAL AGGREGATESWORKING PARTY, IN ACCORDANCE WITHREGIONAL AND NATIONAL GUIDANCE.

Criteria for Assessing MineralsApplications

13.9 Mineral extraction can cause: noise, dust,vibration, heavy traffic with its implications for roadsafety and highway maintenance, changes to groundwater and drainage, injury to visual amenity, anddamage to the landscape and nature conservation.In addition, the subsequent use of the land could beimpaired. Planning conditions can provide a meansof control to ensure the protection of the environmentand local amenity during the life of mineral workingsand their subsequent restoration to a beneficialafter-use. Alternatively, planning obligations agreedbetween the operator and the Council may be a moresuitable means of achieving the necessary protectionmeasures or securing a compensating environmentalor public benefit. Although minerals can only beworked where they are found, extensive andprolonged concentrations of mineral working andrestoration in a particular locality can cause injury tothe amenity of local residents and to the environment.The assessment of new proposals which are part ofa pattern of piecemeal mineral working will need to

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take into account the cumulative impact resulting fromother previous or simultaneous mineral workingoperations. To ensure a balance between exploitingmineral reserves and the need to protect theenvironment and communities mineral proposals willbe assessed against the criteria set out below asfollows:

Policy M 1

Criteria for Assessing All Mineral WorkingProposals.

Proposals for new mineral workings orextensions to existing workings will beassessed with regard to the followingconsiderations:-

i. the effect on the local amenity in termsof visual impact, noise, dust, vibration,blasting, water pollution, hours ofoperation, land instability and otherpotential disturbance and theirconsequent cumulative impact;

ii. duration of working;iii. the proposed final appearance and

landform of the site;iv. the impact on landscape, the natural

environment and habitat sites andspecies subject to statutory protection;

v. the impact on Conservation Areas,Ancient Monuments, Listed Buildings,and other sites of archaeological,historical or heritage interest;

vi. the effect of working and restoration(especially where waste disposal isinvolved) on water resources, includingpollution;

vii. the effects on the stability ofsurrounding land including, harm to thewater environment, water resources orground water flows including the impactof de-watering resulting from themineral working;

viii. the impact on the viability ofagricultural holdings taking intoaccount any loss of the best and mostversatile land and the quality of therestoration likely to be achievedfollowing mineral extraction;

ix. the suitability of restoration andafter-care proposals to return thedevelopment site to a beneficialafter-use once working has ceased;

x. the effect which traffic generated by theproposal will have on road safety,property and the amenities of thepeople living in the vicinity of thedevelopment or along thetransportation routes likely to be used;

xi. the availability or provision of adequateaccess to a suitable highway;

xii. the potential for non-road transportopportunities, in particular the use ofrail, pipeline, conveyor or canalfacilities will be encouraged so as toreduce disturbance caused by roadtraffic wherever physical and economicfactors permits;

xiii. the quantity and quality of the mineraland the contribution made to the localand national economy;

xiv. implications for local employment andother relevant issues;

xv. the cumulative impact of past mineralworking, other working sites, andon-going restoration; and

xvi. all other relevant UDP policies are met.

Protecting the Environment and LocalCommunities

13.10 The Council will consider proposals formineral and other ancillary workings, includingwhether the mineral is needed to ensure thatCalderdale maintains its contribution to mineralssupply, with an assessment of the social andenvironmental effects of any proposals upon localinhabitants, the landscape and the environment ofthe area. The Council will take into account thepotentially damaging effects which mineral proposalsmay have upon local communities and the transportnetwork, and the impact of mineral working on theenvironment and local communities will be assessedagainst the criteria set out in Policy M 1 above. Inaddition, the Council will ensure that any impact isminimised by releasing reserves steadily through theestablishment of agreed schemes of working. Inaddition, the capital investment in plant and machinerywithin the quarry sites can be considerable, and assuch it is preferable to confine workings to theextension of existing sites rather than permit newoperations. It is important that the same standardsand controls apply to all mineral sites in the district,whether existing, extensions or new, to ensure thatareas do not become blighted by extensive workingsand where reserves are known, that these aresafeguarded for the future. It is established

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Government policy contained in MPG7 ‘TheReclamation of Mineral Workings’ (1996) thatrestoration and aftercare will be required to makemineral workings fit for beneficial after-use.Thereforesurface mineral working proposals will need to includedetails of restoration and aftercare. The followingPolicies will apply:-

Policy M 2

Details Required with any Minerals PlanningApplication

Proposals for mineral workings will berequired to provide the following details:-

i. evidence of a viable deposit of themineral;

ii. detailed time-scale of all operations;iii. access, in principle and in detail, mode

of transport, off-site traffic routeing andvehicle cleansing;

iv. layout of operational areas includingsiting of buildings and ancillaryfacilities (including offices, car parks,plant, product storage etc);

v. protection or diversion andreinstatement as appropriate of allpublic rights of way;

vi. retention, maintenance or replacementof all boundary features;

vii. preservation, replacement or diversionof existing site features and servicesincluding safeguarding of conservationinterests;

viii. measures to preserve, protect, mitigateand enhance nature conservationinterests;

ix. protection or realignment ofwatercourses and provision of anynecessary after-drainage;

x. details of plant and machinery;xi. hours of operation;xii. method and hours of blasting;xiii. control of noise and dust;xiv. detailed scheme of working,

incorporating site preparation, soilstripping, soil and spoil storage andmethods of screening;

xv. provision of a detailed progressive andphased scheme of restoration thatmaximises opportunities forbiodiversity enhancement;

xvi. detailed scheme of landscaping;xvii. detailed scheme of after-care and

management.

in addition, for underground extraction, adetailed scheme of working will be requiredwhich incorporates the following :-

a. methods of removal, backfilling;b. means of ventilation;c. surface storage;d. measures to minimise damage from

mining subsidence;e. disposal of waste material;f. treatment of minewater both during and

after completion of operations; andg. a detailed scheme of restoration,

after-care and management of surfacematerials appropriate to the intendedafter-use of the site.

Policy M 3

Extensions to Existing Workings

Extensions to existing mineral workings willbe preferred to the opening of new workings,but the same amenity and environmentalconsiderations that are applied to new sitesshall also apply to extension sites.

Safeguarding Mineral Resources

13.11 The Council acknowledges the nationalimportance of, and demand for, building stone andaggregates that have to be met from quarrying andother workings (see paragraph 13.8 above) as wellas the need to safeguard precious mineral resourcesfor the future. As at December 2001, in Calderdalethere were 36 active mineral working sites (see Listof Mineral Working Sites Table 13.1 below). Duringthe latter part of the Plan period, however, theminerals extraction industry may require new workingareas. Therefore, workable resources will besafeguarded against unnecessary sterilisation byother forms of development. ‘Areas of Search’ basedon the location of the Lower Coal Measures andMillstone Grit series mineral resources have beenidentified on the Proposals Map for possible futuremineral working. Not all proposals within 'Areas ofSearch' will be appropriate for mineral extractioneither for economic and/or environmental reasons.

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In determining whether mineral working would beappropriate, consideration will be given to the scaleof the operation, its potential for impacting on adjacentuses, the nature of the mineral deposit and thephysical limitations of the site. However, it is likelythat within these areas there will be sites that areappropriate, and where planning permissions couldbe granted to meet any shortfall in supply or that couldotherwise not be met from existing workings, or frombringing forward extensions to existing workings.Thepresence of any proven mineral resources, includingenergy minerals, will normally be regarded as amaterial consideration constraining other forms ofdevelopment, but it is necessary to place a caveatagainst any presumption that the extraction of thesafeguarded mineral will automatically be accepted.Hence the following Policy will apply:-

Policy M 4

Safeguarding Mineral Resources

Within ‘Areas of Search’ shown on theProposals Map mineral resources will besafeguarded. Viable mineral resources willbe protected from sterilisation by surfacedevelopment. Any such proposals shouldmake provision to ensure that the mineral isextracted so far as is environmentally andeconomically practicable before the surfacedevelopment commences. Elsewhere,wherever proven mineral resources forsurface extraction are found, their presencewill be regarded as a material considerationin determining development proposalsaffecting those resources and theirextraction.The identification of mineralresources will, in itself, not necessarilycreate a presumption that proposals formineral extraction will be acceptable.

13.12 The following active mineral working siteswith permitted reserves which are likely to continueto be operated during part or all of the Plan periodare shown on the Proposals Map:-

Table 13.1 List of Mineral Working Sites

i) Sandstone/Gritstone Workings

M1 Pond Quarry, Hove Edge, Lightcliffe(Dormant IDO site)M2 Cromwell Quarry, SouthowramM3 Pasture House Farm, Southowram

i) Sandstone/Gritstone Workings

M4 White Rock Quarry, StainlandM5 Clockface Quarry, BarkislandM6 Squire Hill Quarry, SouthowramM7 Thumpas Quarry, SouthowramM8 Beacon Lodge Quarry, SouthowramM9 Pinnar Lane Quarry, SouthowramM10 Sunny Bank Quarry, Southowram(Mineral working ceased, site underrestoration and aftercare)M11 Sunny Bank Farm, SouthowramM12 Ringby Quarries, Swalesmoor, HalifaxM13 Northowram Hill Quarry, NorthowramM14 Fly Flatts Delph Quarry, WarleyM15 Soil Hill Quarry, Halifax (Mineral workingceased, site in restoration)M16 Hunters Hill Quarry, HalifaxM17 Sunnybank Quarry/Delph Hill Quarry,Mount TaborM18 Elland Edge Quarries, EllandM19 Mount Tabor Quarry, HalifaxM20 Rock End Moor Delph, TodmordenM21 Birks Royd Quarry, SouthowramM22 Only House Quarry, SowoodM23 Crownest Quarry, HipperholmeM24 Marsh Quarry, FriendlyM25 Pond Quarry, BrighouseM26 Upper Pule/Scout Quarry, SwalesmoorM27 West Lane Quarry, Southowram (Mineralworking ceased, site in restoration)M27a Spring Hill Quarry, Greetland

ii) Clay Workings

M28 Soil Hill Pottery, Causeway Foot, Halifax(Mineral working ceased, site underrestoration and aftercare)M29 The Hut, Soil Hill Farm, Causeway Foot,Halifax (Part of site under restoration andaftercare)M30 Hanson Brick Co., Strangstry Wood,EllandM31 Springfield Clay Mine, Shibden, HalifaxM32 Ashgrove Works, EllandM33 Former Blackley Clay Works, EllandM34 Spaniard Hall, ShelfM35 Corporal Lane, Shelf (fireclay, sand stoneand coal)

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Coal and Colliery Spoil Disposal

13.13 There are parts of Calderdale that areunderlain by coal-bearing strata of the CarboniferousLower Coal Measures series and identified on theCoal Resources Map produced by the Coal Authorityin partnership with the British Geological Survey.Thebroad areas are to the east of Halifax and to thenorthwest of Todmorden, which form the margins ofthe exposed Yorkshire and Lancashire coalfieldsrespectively. Historically coal has been worked inthese areas, often in association with fireclay, by driftmining, deep mining and other methods. Currently(2006) within the District, there is a small opencastcoal operation associated with the Corporal Lanemineral working site (M35). There is no deep/driftmining in the District.

13.14 Government guidance on coal is set out inMPG3: 'Coal Mining and Colliery Spoil'.The Guidanceputs the interests of protecting the environment andlocal communities first by ensuring that planningpermissions are only allowed where the developmentis environmentally acceptable or provides over-ridingor community benefits which would outweigh the likelyimpacts. If both of these requirements are not metthen there is a presumption against both deep andopencast coal mining and colliery spoil disposal.TheGuidance emphasises that extraction should onlytake place at the best balance of community, socialand economic interests, consistent with the principlesof sustainable development. In addition, there is asignificant change to earlier advice as the mineralplanning authority's assessment of the environmentalacceptability or otherwise of individual proposalsshould now prevail. The following Policy will apply:-

Policy M 5

Coal Extraction and Colliery Spoil Disposal

Proposals for coal extraction and collieryspoil disposal will not be permitted unlessit can be demonstrated that:-

i. the proposals are environmentallyacceptable or can be made so byplanning conditions or legalagreements/ obligations; or

ii. the proposals provide local orcommunity benefits which clearlyoutweigh the likely environmentalimpacts to justify the development; and

iii. in assessing the acceptability of theproposal, regard will be had to material

economic, social and environmentalfactors including:-

a. the environmental impacts of noise,dust, vibration, blasting, visualintrusion, harm to the waterenvironment, traffic and the consequentcumulative impact on the local amenity;

b. the effects on landscape, features ofarchaeological, historic or heritageinterest and on agriculture;

c. the effects on sites of natureconservation of European, national orlocal designation;

d. Green Belt policies where applicable;e. the effects on the hydrology and

hydro-geology, including the impact ofde-watering resulting from the mineralworking;

f. the avoidance of the sterilisation of themineral;

g. the avoidance of piecemeal working ofmineral deposits;

h. the efficient and economic working ofother mineral deposits in anenvironmentally acceptable manner;

i. the cumulative impact arising in thelocality from the extent of past miningactivities, other working sites andon-going restoration;

j. the effects on regeneration objectivesincluding the image of the locality bypotential investors and the consequenteffects on investment; and

k. the extent of environmental or otherbenefits attributable to the proposals.

Oil and Gas

13.15 Calderdale lies within the Lower CoalMeasure series, which could potentially have reservesof oil and natural gas and coal bed methane, althoughthese have not been investigated. National policy isto encourage exploration for the production of thecountry’s own oil and gas reserves and prior to thesubmission of planning application for oil and naturalgas development a licence is required from the DTI.It is recognised that the nation’s interest in developingindigenous oil and gas resources can be in conflictwith protecting the environment and amenity of localpeople. Proposals for the commercial extraction ofoil and gas and coal bed methane will need todemonstrate that extraction, transport and reclamationcan be undertaken in a satisfactory manner and that

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potential hazards are kept to a minimum. Theexploitation of oil and gas will be considered underthe Policy set out below:-

Policy M 6

Oil and Gas

Proposals for the exploration to determinethe presence or extent of oil or natural gasreserves, development and distribution ofoil and natural gas will be permitted providedthat all the following criteria are satisfied:-

i. there will be no unacceptable impacton the local environment in terms ofvisual amenity, noise, dust, air, surfaceor ground water pollution, or harm tothe environment or other nuisanceduring or after the operations; and

ii. in assessing the proposals detailedinformation will be required on:-

a. the exploration and extraction activities(including plant and machinery to beused), timing and method of gas flaring,noise levels, disposal of mud anddrilling residues, on site storage ofplant machinery and equipment(including pipes and pipe layingequipment) screening and landscaping;

b. transport arrangements includingpipelines; and

c. a comprehensive scheme of restorationand aftercare.

Peat

13.16 The upland areas of the Pennines containabundant resources of peat that provide a rich,distinctive and increasingly rare habitat for a rangeof plant and animal species. Peat deposits that areof ecological interest with designations such as Sitesof Special Scientific Interest, Sites of Ecological orGeological Interest, Special Protection Areas andSpecial Areas of Conservation cover parts of theupland areas of the District.These upland peat areascontribute to the landscape character of the Districtand are recognised as important but vulnerablehabitats that can be easily harmed or even destroyed.Peat on moorland is an important carbon ‘sink’ andthe degradation and removal of it will result in greenhouse gasses being released to the atmosphere. Peatis also of importance to the horticultural industry, but

so far deposits in the District have not beencommercially exploited. Government policy set out inMPG13 ‘Guidelines for Peat Provision’ (1995)stresses that nature conservation should be givenconsiderable weight when peat proposals areconsidered. MPG13 also states that in future theextraction of peat should be restricted to areas thathave already been significantly damaged by humanactivity and are of little or no conservation interest. Inthe interests of landscape protection, protection ofarchaeological remains in peat bogs and natureconservation the following Policy will apply:-

Policy M 7

Peat

Proposals for the commercial extraction ofpeat and other activities that diminish theresource will not be permitted where thedevelopment would adversely affect thelandscape character, archaeology andecology of the Pennine uplands especiallyin areas designated for their natureconservation importance. Proposals for peatextraction will not be permitted unless thesite has already been significantly damagedby recent human activity and is of limited orno nature conservation or archaeologicalvalue and wherever possible, the subsequentrestoration of such sites should give priorityto wetland rehabilitation and to theenhancement of the nature conservationresource.

Environmental Safeguards

13.17 It is vital to maintain a high standard ofcontrol over all minerals operations, reworking,prospecting and exploration to ensure these activitiescan be accommodated without adverse effects uponthe transport and highway network, local residentsand the environment.The Town and Country MineralsAct (1981) imposed a duty on mineral planningauthorities to undertake a periodic review of oldminerals permissions. Many of these old permissionshad very few conditions attached and the review is ameans of bringing these sites up to modern daystandards by attaching conditions which control theoperations and ensure the restoration and after-careof these mineral working sites. Provisions under thePlanning and Compensation Act (1991) enabled oldInterim Development Order permissions grantedbefore July 1948 to be registered and reviewed. The

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Environment Act (1995) revised the requirements toreview minerals permissions granted between July1948 and February 1982 and to undertake a periodicreview of all mineral planning permissions. Theactions the Mineral Planning Authorities have toundertake to achieve the review of old mineralspermissions are set out in MPG14 ‘Review of MineralPermissions’ (1995). The following Policy reflects theopportunities offered by the legislation to updatemineral working permissions to secure environmentalprotection and ensure that the sites are restored to abeneficial after-use.

Policy M 8

Review of Mineral Working Sites

Mineral working sites will continue to bereviewed to identify:-

i. any inadequacies in existing planningcontrol for the protection of theenvironment both during and afterworking; and

ii. any opportunities for obtainingimproved environmental standards.

In respect of identified inadequacies andopportunities, improvements will be requiredto ensure the satisfactory working andreclamation of sites.

Reworking Deposits

13.18 Mineral deposits and other low grade sourcesmay have been left undisturbed for some time andnatural regeneration may have occurred to such anextent as to make the deposits attractive features intheir own right. In these circumstances proposals toremove material would not be permitted unless it canbe shown that there is a proven need for the material,other alternative sources of supply have beenconsidered and the proposals offer benefits whichcould not otherwise be achieved. Any such proposalswould also have to satisfy the requirements of otherrelevant policies of the Plan, including WasteManagement Policy WM 10. The following Policy willapply:-

Policy M 9

Re-working of Mineral Deposits

Proposals for the re-working of material fromold mineral working deposits and sourcesof low grade materials, such as waste tipsand disused railway embankments, will bepermitted providing that the following criteriaare met:-

i. the minerals to be produced would beused instead of primary won materials;

ii. there would not be an unacceptableimpact on the living conditions of thoseliving nearby;

iii. there would not be an unacceptableimpact on the landscape or ecology ofthe area;

iv. the local highway network is capableof accommodating the likely volume oftraffic both safely and withoutimpinging on the free flow of traffic;

v. where no restoration has taken placeor where the restoration is of a poorstandard, the restoration of the sitefollowing the reworking of the depositswould bring about environmentalbenefits;

vi. where restoration has satisfactorilytaken place in accordance with anapproved scheme, the reworking ofdeposits will only be permitted wherethe material to be produced is to meeta proven need, there are no alternativesupplies that could economically satisfythe need and the restoration followingreworking will be of a high standard;and

vii. all other relevant UDP policies are met.

Recycling and Secondary Aggregates

13.19 The use of alternatives such as mineralsremaining after extraction of other low grade sourcessuch as colliery spoil, power station ash, constructionand demolition waste can reduce the need to extractprimary won minerals, the demand for new extractionareas and the area required for disposing of waste.This is in line with a sustainable approach to thesupply of minerals and waste management.Their use

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may also assist in the reclamation of derelict sites toa beneficial after-use. The following strategic PartOne Policy therefore applies:-

POLICY GM 3

RECYCLING

THE RECYCLING AND RE-USE OFMINERALS AND MATERIALS (SUCH ASCONCRETE, BRICK, ASH AND COLLIERYSHALE) WILL BE ENCOURAGED ASALTERNATIVES TO NEWLY WON MINERALSWHEREVER THIS IS FEASIBLE AND WHEREIT CAN BE CARRIED OUT IN ANENVIRONMENTALLY ACCEPTABLEMANNER FOR THE PURPOSE OFSAFEGUARDING RESOURCES AND INORDER TO MINIMISE THE NEED FOR NEWOR EXTENSIONS TO MINERAL WORKINGS.

Recycling

13.20 In order to ensure that any recyclingproposals do not give rise to environmental problems,applications will be assessed against their contributionto sustainable development objectives and inparticular the need not to give rise to unacceptableproblems. The following Part Two Policy will apply:-

Policy M 10

Recycling

Proposals for the production of secondaryaggregates from waste material (such aspower station ash, steel slag and inertconstruction and demolition waste) will bepermitted provided that:-

i. the development would create nounacceptable impact in terms ofenvironmental, amenity, safety, trafficor other problems;

ii. the operation would not prejudice therestoration of the site; and

iii. all other relevant UDP policies are met.

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14 Waste Management

Introduction

14.1 The 1997 Adopted UDP was prepared duringa period of major change for the waste disposalindustry which resulted in an increasing emphasis onthe market led approach to waste disposal, anincreased awareness of the need to reduce theamount of waste generated, to increase recycling andto protect the environment.The main aim of the 1997Adopted UDP was to provide a framework for decisionmaking for reducing, recovering and disposing ofwaste in the District, with landfill being the mainmeans of waste disposal. Recent European UnionDirectives on waste have now been transposed intonational legislation and national/regional guidancethat set out a new framework for waste managementas described in paragraphs 14.2 to 14.14. As a resultof these changes this Section on waste managementin the Replacement UDP has been written to reflectthe new waste management framework.

European Strategy

14.2 United Kingdom waste policy has beenincreasingly influenced by European Union (EU)legislation since the publication of the Directive onWaste 75/442/EEC, as amended by 91/156/EEC and91/692/EEC. When drawing up plans, local planningauthorities must have regard to the objectives ofArticle 3 (the need to minimise waste and toencourage recycling and energy recovery), Article 4(the need to protect the environment and humansfrom potentially polluting development) and Article 5(the need to set up an integrated network of disposalinstallations to facilitate self-sufficiency in accordancewith the Proximity Principle) of the Directive. TheLandfill Directive 1999/31/EEC is another significantelement of EU legislation. It came into force in July1999 and is now incorporated into UK legislation.TheDirective seeks to impose stringent operational andtechnical requirements on the landfilling of waste andwill have far reaching implications for wastemanagement planning. These implications include:-

a. the banning of co-disposal and requirementsfor sites to elect to operate as hazardous,non-hazardous or inert waste from July 2004which will have the effect of reducing thenumber of sites licensed to take hazardouswaste;

b. there will be the requirement for waste to bepre-treated prior to landfill from 2004 which will

mean a need for more pre-treatment facilities;and

c. the banning of liquids and tyres from landfill islikely to result in a need for new facilities.

14.3 A key element of EU policy that has becomecentral to the UK's national waste strategy is thedevelopment of a waste management hierarchy.Thisprioritises waste management options with the overallaim of achieving a move up the hierarchy. Thehierarchy is split into four categories in the followingorder:-

1. Reduction – by using technology that requiresless material in products and less waste inmanufacturing and produces longer-lastingproducts with lower pollution potential;

2. Re-use – e.g. returnable bottles;3. Recovery – e.g. re-cycling, composting;4. Disposal – by incineration without energy

recovery or by landfill.

National Waste Strategy

14.4 The Government being a signatory to the EULandfill Directive transposed the Directive into UKLegislation by adopting a variety of measures. In 1996Landfill Tax was introduced as an escalating tax.TheGovernment published a document entitled 'WasteStrategy 2000' which sets out a strategy for UKauthorities in relation to waste management practices.This document sets targets for local authorities inrespect of recycling, composting and recovery ofvalue from waste.This change in direction will reducebut not eliminate the need for landfill as the ultimatemeans of disposal.

14.5 The perceived slow response to 'WasteStrategy 2000' resulted in a further Government reportbeing published in 2002 entitled 'Waste Not WantNot' which made recommendations for a moresustainable management of waste.This report resultedin the Department of Farming and Rural Affairs(DEFRA) preparing an Action Plan including 34recommendations that included such measures asfunding being made available under the WasteImplementation Programme (WIP), a rise in landfilltax, developing proposals for alternative indicatorsthat incorporate waste reduction and a LandfillAllowance Trading Scheme (LATS). The introductionin 2005 of the LATS has significantly increased thepressure on local authorities to divert waste awayfrom landfill to other mass reduction processes.

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Waste Strategy 2000

14.6 ‘Waste Strategy 2000' sets out theGovernment's policy framework for sustainable wastemanagement and provides principles that should beused when formulating policy and taking wastemanagement decisions.The Strategy deals with onlyabout a quarter of the waste produced. Agriculturalwaste is subject to separate regulation, whilstconstruction wastes are addressed through the‘Sustainable Construction Strategy’ and MPG6‘Guidelines for Aggregates Provision in England’(1994). Sewage sludge is subject to specific controls.'Waste Strategy 2000' also introduces a number ofrecycling targets that will be statutory by incorporatingthem as performance standards in Best Valueinitiatives. These targets are:-

by 2005, to reduce the amount of industrial andcommercial waste sent to landfill by 85% of thatlandfilled in 1998;to recover value from 40% of municipal wasteby 2005;to recover value from 45% of municipal wasteby 2010;to recover value from 67% of municipal wasteby 2015;to recycle or compost at least 25% of householdwaste by 2005;to recycle or compost at least 30% of householdwaste by 2010; andto recycle or compost at least 33% of householdwaste by 2015.

NOTE: In the context of these targets “recover”means recycling, composting some forms ofmaterial and energy recovery.

14.7 In addition to the 'Waste Strategy 2000' targetsaimed at the recovery of waste, there are the LandfillDirective targets aimed at reducing the amount ofbiodegradable municipal waste being landfilled, andthese targets are legally binding to comply with EUlaw.To implement these targets the Government hasintroduced permits for local authorities to restrict theamount of biodegradable waste sent to landfill (LATS).These permits allow set tonnages of biodegradablemunicipal waste to be landfilled and these will beprogressively reduced over time. Local authoritiesthat meet the targets and have spare capacity areable to trade the spare capacity with other authoritiesthat have exceeded their targets.These performancestandards are:-

by 2010, biodegradable municipal waste goingto landfills must be reduced to 75% of the total

amount (by weight) of biodegradable municipalwaste produced in 1995;by 2013, biodegradable municipal waste goingto landfills must be reduced to 50% of the totalamount (by weight) of biodegradable municipalwaste produced in 1995; andby 2020, biodegradable municipal waste goingto landfills must be reduced to 35% of the totalamount (by weight) of biodegradable municipalwaste produced in 1995.

Landfill Tax

14.8 In October 1996 a Landfill Tax was introducedto encourage a reduction in the amount of wastebeing sent to landfill. The aim of the tax is to ensurethat the use of landfill reflects its environmentalimpact, thereby encouraging people to produce lesswaste, recover value from the waste produced andto dispose less waste to landfill. This is an escalatingtax which began in 1996 at a rate of £7 per tonne forbiologically active waste. By 2006, the rate hasreached £21 for every tonne of waste disposed tolandfill. This tax will rise by £3 per tonne in annualincrements until the tax reaches £35 per tonne in2013 assuming that a review of the tax in 2007 willnot increase the yearly escalation rate of £3 per tonneper year.

PPS10

14.9 In July 2005 PPS10 ‘Planning for Waste andSustainable Development’ was published. PPS10sets out the strategy for a more sustainable approachto waste management that will protect human healthand the environment by producing less waste and byusing it as a resource wherever possible, by movingwaste up the 'waste hierarchy' of reduction, reuse,recycling, using waste as a source of energy anddisposing of waste as a last option. All of this meansa significant change in the way waste is handled andinvestment in waste management facilities. Theplanning system has an important role to play indelivering sustainable waste management throughthe development of strategies for growth andregeneration and use of resources by the provisionof new waste management facilities throughup-to-date development plan documents.

Regional Spatial Strategy

14.10 Regional Planning Guidance (RPG12) forYorkshire and the Humber has been replaced byRegional Spatial Strategy for Yorkshire and theHumber (RSS). The RSS (published in December2004) is based on a selective review of RPG12 and

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includes waste management .The Sustainable WasteManagement section in the RSS provides an interimframework for waste based on the Regional WasteManagement Strategy (2003).The Regional TechnicalAdvisory Body (RTAB) will advise the region on wasteplanning issues and it will offer technical advice onthe implementation and review of the RSS policies.

Waste Management Strategy forCalderdale

14.11 Since 1999 the Council has been both thewaste collection and waste disposal authority and isresponsible for the collection, reception, processing,recovery, recycling, transport and end disposal ofmunicipal waste which also includes somecommercial and industrial waste in the District. TheCommunity Strategy (2006) has indicated that thereshould be less household waste and more wasterecycled and composted.The total annual generationof municipal waste in Calderdale during 2005/06 wasabout 87,000 tonnes, of which 69,000 tonnes washousehold waste, not recycled but disposed of tolandfill. As there are no suitable landfill sites inCalderdale waste is transported from the transferloading stations in Halifax and at Eastwood toLancashire. Some 12,600 tonnes was recycled, 5,100tonnes was composted and about 140 tonnes ofclinical waste was landfilled or was incinerated. TheCouncil also provides five household waste sitesthroughout the District (see Policy WM 4) that receive38% of the household waste generated.

14.12 The Council needs to divert increasingquantities of Biodegradable Municipal Waste (BMW)away from landfill to comply with the EU LandfillDirective. To achieve higher levels of recycling theCouncil recognises that there is a need for separatehousehold recycling collections at source and akerbside collection scheme based on paper and glasshas been introduced. To achieve higher levels ofrecycling more complex and expensive arrangementswill be required, involving the provision of capital fora processing plant. Packages may include anycombination of solutions drawn from material recyclingfacilities, composting or energy from waste. Underthe terms of the Directive, Calderdale will be obligedto divert:

25% of BMW away from landfill by 2010,50% by 2013 and65% by 2016.

The Council's current strategy is to reduce the amountof waste sent to landfill to satisfy LATS and toincrease the emphasis on waste minimisation, to

continue to develop recycling/composting and toprocure from the private sector long-term wastetreatment and disposal that will result in a reductionin waste going to landfill. In the future new collectioncontracts will be required and may include jointworking with adjacent local authorities.

14.13 The following Part One Policies take intoaccount the European, national and regional guidancefor waste management to be applied in the District.

POLICY GWM 1

WASTE STRATEGY

A WASTE MANAGEMENT HIERARCHY WILLBE PROMOTED IN ACCORDANCE WITHNATIONAL AND REGIONAL GUIDANCEWHICH FAVOURS, IN ORDER OF PRIORITY:-

I. REDUCTION;II. RE-USE;III. RECOVERY, RECYCLING AND

COMPOSTING;IV. ENERGY RECOVERY; ANDV. DISPOSAL TO LANDFILL

POLICY GWM 2

NEW WASTE FACILITIES

PROPOSALS FOR THE DEVELOPMENT OFNEW WASTE FACILITIES WILL BECONSIDERED ON THE BASIS OF:-

I. LOCAL NEED AND/OR REGIONALREQUIREMENTS;

II. THE PROXIMITY PRINCIPLE;III. REGIONAL SELF-SUFFICIENCY;IV. THE PROTECTION OF THE

ENVIRONMENT AND COMMUNITIESV. THE WASTE HIERARCHY IN POLICY

GWM1; ANDVI. OTHER RELEVANT PLANNING

CONSIDERATIONS.

14.14 Planning applications and proposals forwaste management facilities and other relateddevelopments will need to take account of theCouncil’s Waste Management Strategy and thestrategic considerations contained within POLICYGWM 1 and POLICY GWM 2. In addition however,

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it is important to provide guidance to developersconcerning the consideration of applications and thecriteria that will be applied to them.These are set outin the following Policy:-

Policy WM 1

Criteria for Assessing Waste ManagementFacilities

Proposals for waste management facilitieswill be permitted where the effects of theproposals on the environment, other existingand proposed land uses, and the localinhabitants/communities, are acceptable. Inparticular proposals will be assessed againstthe following criteria:-

i. that there is a demonstrated need forthe facility;

ii. location in relation to the main sourcesof waste;

iii. the potential impact on localcommunities and other sensitive landuses;

iv. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, Scheduled Monumentsand other sites of archaeological orhistoric interest where these arematerial considerations;

v. the potential impact on the Green Belt,agricultural land, landscape, the naturalenvironment and habitat sites andspecies including sites subject tostatutory protection;

vi. local environmental effects includingnoise, dust, vibration, odour, litter,contamination, attraction of vermin orbirds and potential for the pollution ofsurface water or ground water;

vii. hours of operation;viii. land instability;ix. mode of transport, including the use of

alternative modes of transport otherthan by road access, traffic volumesand highway safety;

x. the need to avoid a proliferation of sitesin a locality such as would be likely tohave a detrimental impact by virtue oftheir cumulative impact; and

xi. is consistent with other relevant UDPpolicies.

Additional Information Required inSupport of a Proposal

14.15 The operation of waste management facilitiescan generate noise, dust, litter and odour nuisance.The movement of heavy goods vehicles to and fromsites can increase the impact and controls are neededto ensure that safety and amenity are notcompromised. To ensure that the impact of wastemanagement sites is fully assessed, details in supportof the proposal will be required as set out in thefollowing Policy:-

Policy WM 2

Information Required with Applications forWaste Management Facilities

Proposals for waste management facilitieswill be required to provide the followingdetails:-

i. information on the carrying out of wastehandling and processing activitieswithin a building or appropriate meansof enclosure;

ii. means of access, vehicle manoeuvringand car parking;

iii. the potential of the site to be servedusing alternative means of transportother than road vehicles;

iv. screening and landscaping;v. mobile and fixed plant and machinery;vi. proposed throughput of waste material;vii. duration of the development;viii. site drainage and measures to protect

the water environment;ix. measures to prevent the impact on

amenity in terms of noise, dust,vibration, fumes, odour, vermin andlitter;

x. measures to control and monitorleachate and landfill gas during andafter the development, whereappropriate;

xi. proposals for the restoration of the site;and

xii. proposals for the recovery of energy,where appropriate, are adopted.

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Landfilling of Waste

14.16 Prior to 1996 the West Yorkshire WasteRegulatory Authority provided data on waste arisingsand site capacities in West Yorkshire and thisinformation was set out in the Waste Disposal Plan(1996) which was prepared to meet the requirementsof Section 50 of the Environmental Protection Act(1990). The Environment Act (1995) made provisionfor the formation of the Environment Agency, whichincluded waste regulation, previously carried out bylocal authorities. At the same time the Waste DisposalPlan for West Yorkshire prepared under Section 50of the Environmental Protection Act (1990) wasrepealed.The Environment Agency's 'Strategic WasteManagement Assessment 2000' for the Yorkshireand the Humber region indicates that the majority ofthe waste produced in the region was disposed of bylandfill. In the period 1998/99 this amounted to some13 million tonnes, of which 8 million tonnes wasbiodegradable household, industrial and commercialwaste. Landfill sites licensed for biodegradable wastein the region have a life expectancy of 7 years withlandfill sites in West Yorkshire having a lifeexpectancy of 8 years. There is no detailedinformation by individual district included in this report.

14.17 Within Calderdale there are a number ofwaste transfer stations (see list 1 in Table 14.1 below)and landfill sites (see list 2 in Table 14.1 below).There are a number of sites within Calderdale (e.g.the Spaniard Hall mineral working site and UpperHazel Hurst Farm) which are exempt from licensingand import inert waste (excavation waste and soils)to reclaim the site, or for the purpose of improvementto agricultural land, the landscaping of areas and therestoration of mineral working sites.

Table 14.1 Transfer Stations and Landfill Sites inCalderdale

1) TRANSFER STATIONS IN CALDERDALE

W1 Gibbet Street, HalifaxW2 Lucy Street , HalifaxW3 Phoebe Mills, Siddal, HalifaxW4 Milner Royd Depot, Fall Lane,Sowerby BridgeW6 George Street, Brighouse (CPRSkip Hire)W7 Calder Street, West ValeW8 Lloyd Loaders, Hipperholme,HalifaxW9 Farrar Mill Lane, off Shaw Lane,Halifax

1) TRANSFER STATIONS IN CALDERDALE

W10 Woodbottom, Ellen Holme Lane,LuddendenW11 Swales Moor Road, HalifaxW12 Lee Bank Transfer Station ,HalifaxW13 Eastwood Waste TransferStation, Todmorden

2) LANDFILL SITES IN CALDERDALE

W14 Park Pit Landfill site, Elland (inrestoration)W15 Ash Grove Pipe Works, EllandW16 Church Lane, SouthowramW19 Crownest Quarry, HipperholmeW20 Upper Pule Quarries, BradfordOld Road, Swalesmoor (in restoration)W22 Bacup Road, SharneyfordW25 Delph Hill, Moorend Road, MtTaborW28 Shay Lane, HolmfieldW29 Clockface Quarry, BarkislandW30 Pond Quarry, off Lightcliffe Road,BrighouseW31 Only House Quarry, SowoodW32 Ringby Lane/Parkspring Quarry,Swalesmoor (part of sites inrestoration and aftercare)W33 Wham Quarry, SowoodW34 Beacon Lodge Quarry,SouthowramW35 Upper Hazel Hurst Farm,Withens Road, WainstallsW36 Common Woodhead QuarriesW39 Cromwell Bottom (North Loop)

14.18 The Environment Agency has provided someinformation on wastes produced at county and districtlevel in the region in its 'Strategic Waste ManagementAssessment 2000'. However, the Regional TechnicalAdvisory Body, which will give guidance to planningauthorities on the management of waste in the region,has yet to report. This means that the UDP hasproceeded without the detailed statistical data onwaste or advice on the need to provide a regionallyself-sufficient network of waste management facilitieswhich are located close to where the waste isproduced. In the absence of this information the ‘Areaof Search’ approach has not been adopted in the UDPbut instead a criteria based approach has been usedfor the provision of waste management facilities.

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14.19 The effectiveness of the Landfill Directive,landfill tax and other factors promoting a movementup the waste hierarchy by reducing the amount ofwaste going to landfill will only become apparent overtime. A key element of the Council’s waste strategyis the need to divert more waste from landfill bylimiting the amount of land available for landfill andby encouraging options higher up the waste hierarchy.

14.20 The Council is still dependant on landfill asa means of disposal and achieving the reduction,re-use and recovery of waste could be a long processwith significant impacts only being made after 2005.For some wastes, disposal by landfill may remain thebest practicable option (such as those which aredifficult to re-use or recycle). Even waste that hasbeen treated has a residual element that needs to bedisposed of and, as a result, there will still be a needfor waste to be disposed of by landfill in theforeseeable future. There are also instances whenlandfilling can assist in the reclamation of degradedand contaminated sites and in the restoration ofmineral working sites, provided measures to protectamenity and the environment are incorporated intosuch schemes. In addition, the importation of inertwaste to raise levels for agricultural improvement isbecoming increasingly common as farmers seek todiversify and gain an extra income. Such schemesnormally require planning permission. However, theseproposals often result in disruptive tipping activitiesin the countryside with heavy goods vehiclemovements on narrow roads. Against a backgroundof changed national priorities for agriculture there areother options to resolve such problems on low lyingand ill drained land in all but the most compellingcircumstances and opportunities for natureconservation and tree planting should now beconsidered.

Policy WM 3

Landfilling of Wastes

Proposals for the landfilling of residualwastes will only be permitted where they canbe considered to be one or more of thefollowing:-

i. they are small-scale extensions toexisting operational landfill sites wherethe benefits of the scheme outweighany adverse impacts which thedevelopment is likely to cause; and/or

ii. they are at former mineral working sitesthat cannot be satisfactorily reclaimedby any other means; and/or

iii. they are at sites that are contaminated,degraded or despoiled and cannot bereclaimed by other means;

subject to the following criteria:-

a. the proposal will not lead tounacceptable environmental, amenity,safety, traffic or other problems;

b. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, Scheduled Monumentsand other sites of historic interest,where these are materialconsiderations;

c. the development does not cause harmto the Green Belt, agricultural land,landscape, the natural environment andhabitat sites and species including sitessubject to statutory protection;

d. the proposals provide for therestoration of the site, especially whereopportunities for biodiversityenhancement are maximised and, in thecase where sites are to be restored toagriculture, forestry or amenity uses,an aftercare scheme of an agreedtimescale following restoration; and

e. the provisions of other relevant UDPpolicies are met.

Recycling

14.21 As part of the Government’s strategy the aimis to develop new and stronger markets for the re-useand use of recycled materials, as well as providingmore facilities. There is a need for more singlematerial waste streams including the separation andsorting at source, more reprocessing capacity andthe greater use of secondary or recycled materials.Calderdale's recycling performance in the past hasbeen below 5%, so to achieve the targets to be setby Central Government, Calderdale’s recycling targetfor 2003/4 will be 10% (approximately 8,000 tonnesat the current rate of waste arisings).The Council hasagreed to exceed the statutory minimum of 18% byan additional 2% to 20% that should be recycled by2005/6 (17,400 tonnes at the current rate ofhousehold waste arisings).

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14.22 Household waste centres fulfill an importantfunction in enabling the public to dispose of bulkyhousehold goods, garden waste and other recyclablewastes. There are five such centres in Calderdale atElland, Brighouse, Sowerby Bridge, Halifax andTodmorden, and these are shown on the ProposalsMap.Their continued use will be safeguarded as partof the Council's drive to reduce waste going to landfill.

Policy WM 4

Recycling at Existing Household WasteDisposal Sites

Recycling facilities for household waste willcontinue to be supported at the existingnetwork of household waste disposal centresin Calderdale at:-

Ainley Depot, Huddersfield Road, EllandAtlas Mill Depot, BrighouseMilner Royd Depot, Sowerby BridgeLee Bank, HalifaxEastwood Household Waste Site,Todmorden

Policy WM 5

Provision of Household Waste Disposal Sites

Proposals for the expansion of existingfacilities on adjoining land and for theprovision of new household waste disposaland recycling facilities in other locations willbe supported if they:-

i. are located close to the source ofwaste;

ii. will not give rise to unacceptableadverse impacts on people and theenvironment in terms of noise, dust,traffic, odour, vermin, visual intrusionand the pollution of ground water andsurface water;

iii. are located in industrial areas or otherlocations appropriate to thedevelopment or at active landfill sites;

iv. are suitably located in relation to theexisting network of sites; and

v. the provisions of other relevant UDPpolicies are met.

Waste Management Facilities

14.23 Facilities for the sorting, processing andtreatment of waste normally involve industrial typeactivities and can generate large numbers of heavygoods vehicle movements. Because of their industrialnature they are most suited to locations withinspecified industrial areas or at existing mineral orwaste sites or on sites that are being reclaimed for abeneficial use. Scrapyards are also included in thiscategory of waste handling and again these are bestsuited to locations within industrial areas.

14.24 Recycling involves the processing of wastematerials such as wood, plastic, metal, brick, rubbleand paper, to produce usable raw materials orproducts. There are benefits to be gained fromrecycling by conserving natural resources, savingenergy in production and transport, reducing thedemand for landfill, the risk of pollution and level ofmethane gas emissions. However, there are alsodisadvantages as they can result in large numbersof vehicle movements, they may be unsightly,especially if material is handled or stored outside inthe open, and the plant used could result in noise anddust nuisance.

14.25 The markets for recycled products can beunstable, and as such, recycling will only produceenvironmental benefits if there is a demand for itsgoods and that they replace products from primarysources. As a result the following Policy will apply:-

Policy WM 6

Transfer and Treatment of Waste

Proposals for the provision of wastemanagement facilities for the handling,treatment and transfer of waste that reducesthe volume of waste will be supported if:-

i. they are located in industrial areas; orii. located in existing landfill or mineral

working sites.

In addition, proposals will be required tomeet all the following requirements:-

a. all operations (including storage) whichwould cause injury to amenity shall beundertaken in suitably designedbuildings and the site landscaped andscreened;

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b. the development will not give rise tounacceptable impacts on people or theenvironment in terms of noise, dust,traffic, litter, vermin, odour, visualintrusion, or pollution of ground waterand surface water;

c. the existing highway network canaccommodate the traffic generated; and

d. the provisions of other relevant UDPpolicies are met.

Where it is proposed to locate developmentat a landfill or mineral working site, therestoration of the site must not be prejudicedand the development should be removed oncompletion of the landfill or mineraloperations, unless material considerationssupport their permanent retention.

Anaerobic Digestion and Composting

14.26 Anaerobic digestion and composting can bean important means of securing the re-use of theorganic element of waste that can be used as asubstitute for peat. Anaerobic digestion is the bacterialfermentation of organic waste in warm, oxygen-freeconditions. The process converts the waste intomethane and carbon dioxide and leaves liquid andsolid residue. The liquid is a nitrogen rich fertiliserand the solids are used as a soil conditioner. Themethane gas can be used to produce heat andelectricity. At the present time, digestion plants,particularly for household waste, are not common inthe UK. However, in the future the process maybecome more cost effective and more widespread.Digestion plants for household waste are likely to belarge industrial plants and as such must be sited inindustrial areas or close to wastewater treatmentplants, landfill or waste transfer sites.

14.27 Composting is a process that stimulates thedecaying of organic materials by aerobic means. It isusually undertaken on green waste, but it can alsobe used on mixed household waste.The green wasteis normally shredded and heaped in rows (windrows)and turned regularly. Composting of mixed householdwaste may be undertaken in an enclosed industrialtype building where the compost is processed,including aeration and mechanical means of turning,and would generally be undertaken in an industrialarea. Open composting of mixed household wastecould be undertaken on existing landfill sites.However, composting does have disadvantages.Thecomposting of all domestic waste is not possible in

practice and, in any event, would yield too much forthe market to cope with. It may also retain heavymetals and this could result in potential contaminationproblems.

14.28 Both anaerobic digestion and compostingproduce odour and there is also a potential foremissions to the air from the gas produced. A largedigestion or composting plant would also be asignificant traffic generator. The process may bevisually intrusive. This can arise from the buildingsassociated with the process and the storage andtreatment of the waste outside.The following Policywill apply: -

Policy WM 7

Digestion and Mixed Waste Composting

Proposals for anaerobic digestion plants andmixed waste composting schemes will bepermitted if:

i. they are located within an industrialarea or location appropriate to thedevelopment; or

ii. they are within or adjacent to anexisting waste management facility; and

a. the existing highway network cansatisfactorily accommodate the trafficgenerated;

b. provision is made to control odour,noise, visual impact and pollution ofthe water environment;

c. proposals for the recovery of energy,where appropriate, are adopted; and

d. the provisions of other relevant UDPpolicies are met

Green Waste Composting

14.29 Potential nuisances, particularly from odour,can arise from composting sites that should generallybe located away from residential and other sensitiveland uses. meaning that they may need to be locatedin open countryside. The type and amount ofdevelopment will need to be controlled. Sites locatedwithin farm building complexes may be appropriatefor green waste composting particularly if they canhelp to diversify the rural economy. The proposalsmust satisfy the requirements of other policies of theUDP and in particular they must be of an appropriate

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scale and in keeping with the landscape.They shouldalso have easy access to the primary road networkso as to avoid excessive use of rural roads by heavygoods. The following Policy will apply:-

Policy WM 8

Green Waste Composting

Proposals for green waste composting willbe permitted if:-

i. the waste facility is close to the sourceof waste arising and the final market forthe compost; or

ii. where the proposal is in the opencountryside it is of an appropriate scaleand is in keeping with the landscape,re-uses existing buildings, or is on landwithin, or adjacent to, farm buildingcomplexes; and

a. the existing highway network cansatisfactorily accommodate the trafficgenerated;

b. provision is made to control odour,noise, visual impact and pollution ofthe water environment; and

c. the provisions of other relevant UDPpolicies are met

Incineration

14.30 At the present time within the UK as a whole,only 8% of waste is incinerated and only 2% isincinerated with energy recovery. The Government recognises that incineration with energy recovery can,on appropriate sites, make an important contributionto the use of waste and the production of renewableenergy. Incineration with energy recovery has thepotential to reduce pollution from waste during finaldisposal by reducing its volume and organic contentand thus its potential for the generation of landfill gasand leachate. In addition, if it is combined with energyrecovery it helps to conserve finite resources suchas coal and natural gas.

14.31 The Government's 'Waste Strategy 2000'indicates that incineration with energy recovery willhave a role to play in the management of householdwaste and PPS10 also recognises that value can berecovered by generating energy from waste. However,

energy from waste should not be selected until otheroptions higher up the waste hierarchy (reduction,re-use, recycling/composting have been assessed).

14.32 Strict environmental controls need to beapplied to the development and operation ofincineration. The proposals must comply with thepolicies of the UDP in respect of environmental impactand transport, together with the requirements of thewaste regulation and pollution prevention regimes.Incineration plants normally comprise of substantialindustrial type buildings with tall chimneys. They cangenerate significant volumes of heavy goods vehiclesand display many characteristics shared with largescale heavy industrial developments. They should,therefore, be located within industrial areas. Clinicaland similar wastes will be consigned for disposal byincineration either at the hospital's own facility or atalternative appropriate sites. All incinerators shouldbe located away from major concentrations ofpopulation because of the impact of ground andairborne emissions, have easy access to the primaryroad network or a rail or canal link, minimise theimpact on the natural environment, and be locatedso as to ensure a balance between the need tominimise transport distances and the proximity toresidential areas. The following Policy will thereforeapply:-

Policy WM 9

Incineration

Proposals for incinerators will only bepermitted where they meet the followingcriteria:-

i. the development creates nounacceptable environmental, amenity,traffic, safety, or other problems;

ii. they are located in an area appropriateto their development (such as anindustrial area) away from majorconcentrations of population;

iii. they will be located in an appropriatebuilding;

iv. the development preserves or enhancesConservation Areas and does notadversely affect Listed Buildings ortheir settings, Scheduled Monumentsand other sites of historic interest,where these are materialconsiderations;

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v. the development does not cause harmto the Green Belt, agricultural land,landscape, the natural environment andhabitat and species sites including sitessubject to statutory protection;

vi. appropriate provision is made for thecontrol of odour, visual impact, noise,dust and emissions to the air;

vii. they include proposals for the recoveryof energy; and

viii. the provisions of other relevant UDPpolicies are met.

Re-Working of Former Landfill Sites

14.33 The excavation of former landfill sites for thepurposes of recovering material is an activity that canbe dangerous and potentially polluting, particularlywhere the clay cap or seal is ruptured or gases arereleased. The ingress of water into a previouslysealed waste mass can give rise to leachate whichmay exceed the design capacity. There may,however, be cases where a site may be reworked ifit would benefit from reclamation and environmentalimprovement subject to controls and beneficialreinstatement of the site. The following Policy willtherefore apply:-

Policy WM 10

Reworking of Former Landfill Sites

The reworking or disturbance of old landfillsites and colliery spoil tips that have beenrestored or reclaimed to a satisfactorystandard will not be permitted unless it canbe demonstrated that:

i. the reclamation of the land or landformand after use so created would producea substantial environmental and/oreconomic benefit:

ii. the proposal would not give rise tounacceptable adverse impacts onpeople and the environment in termsof:-

visual amenity;noise, dust, air or groundwater pollution,

traffic and the effects onthe highway network, orrisk to health and safety ofthe public

iii. the operations would be completedwithin a limited timescale to safeguardthe amenity of local communities;

iv. the site would be restored to a standardappropriate to its intended after use;and

v. the provisions of other relevant UDPpolicies are met.

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251Monitoring and Review of the Plan

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15 Monitoring and Review of thePlan

15.1 Review is the process of looking again at thePlan policies and proposals in the light of informationgained from the monitoring process and decidingwhether changes need to be made to the policies andproposals. The Government has legislated tofundamentally alter the development plan systemwithin England. This involves the replacement of theUDP with a Local Development Framework (LDF)consisting primarily of a core strategy and a numberof subject based development plan documentstogether with action and area plans. The LocalDevelopment Scheme (LDS), required under the 2004Planning and Compulsory Purchase Act, and whichsets out the programme of work to be undertaken bythe Council, is currently under review. It will includea number of documents including one covering areview of the extent and boundaries of the Green Beltwhich will be undertaken in order to provide a longterm defensible Green Belt boundary that will lastunchanged for at least 30 years. Substantive workon the LDF will commence during 2007.

15.2 An annual report will be published utilisingmonitoring information on the key indicators in Table15.1 that will provide a basis for any future review,be it minor changes or a more comprehensive review,of the Plan’s policies and proposals. It will also be of

particular importance to housing issues and will allowthe phasing of housing sites to be reviewed duringthe life of the Plan.

15.3 The two procedures of monitoring and revieware therefore vital if the policies and proposals are toremain relevant to the District’s needs. By thecombination of monitoring and review it is intendedthat the policies and proposals contained in this planwill be up-dated to form parts of the LDF.

15.4 Monitoring is the process of collecting,collating and presenting information on those mattersthat are seen as important measures of change inthe District. It is fundamental to the requirement oftesting the performance and effectiveness of planningpolicies and to keep them up-to-date. Therefore,monitoring needs to be undertaken continuously andwith a high degree of consistency and accuracy. Themonitoring of key topics within the adopted UDP willtherefore take place on a regular basis to ensure thatup-to-date information is available to assist in makingplanning and development decisions and to helpidentify priorities for the future.The Annual MonitoringReport required for the Local DevelopmentFramework addresses many of these issues.

15.5 The following major objectives of the Plan willtherefore be monitored via the key indicators set outin Table 15.1 below:-

Table 15.1 Principal Plan Objectives and Key Policy Indicators

Target(whereapplicable*)

Principal IndicatorsPrincipalPolicies

Objective

Amount of derelict or degraded land (ha)brought back into use;

GE4The regeneration and renaissanceof the district

85%Number of housing completions onpreviously developed land

GH2

Take up of land (ha) for employment uses;Loss of land (ha/year) allocated as newemployment sites to non-employment uses

GE1GE2

To make adequate provision foremployment related development

450 perannum

Number of housing completionsGH1To meet the housing needs of thedistrict

Regular monitoring of town centre statistics(as per PPS6) and planning applicationsfor retail development

GS1GS2

To enhance the town centres andmeet the shopping needs of thedistrict

Amount of development on Open Space(ha)Increase in amount of open space (ha) inareas of deficiency

GOS1To protect and ensure adequateprovision of open space

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po13

Cross-Out

po13

Cross-Out

po13

Cross-Out

Number of Listed Buildings/AncientMonuments demolished per annum

GBE1To enhance and protect the qualityof the built and natural environment

Monitored through the West YorkshireLocal Transport Plan

GT1GT2

To ensure an efficient transportnetwork

Number of planning applications approvedin Green Belt

GNE1To ensure the principle aims ofnational Green Belt policy are met

Number of designated sites lostNumber of new sites designated

GNE2To ensure the effective protectionof environmentally important areaswithin the district

Amount of energy produced fromrenewable energy sources (Mw)

GEP2To conserve and enhance naturalresources

Data on planning applications and extentof reserves

GM1GWM1GWM2

To meet the District’s needsregarding minerals and wastemanagement

*Quantitative targets do not exist for many indicators but where they do, generally they are set down in theRegional Spatial Strategy for Yorkshire and the Humber (2004).

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Cross-Out

po13

Cross-Out

po13

Cross-Out

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Annex A Privacy, Daylighting and Amenity Space

A.1 Policy BE 2 of the Plan seeks to ensure good design, particularly in residential areas, by ensuring thatadequate space about buildings is achieved.This annex provides additional guidance and standards on privacy,daylighting and amenity space to assist in evaluating the acceptability of development proposals. In order toachieve adequate space around buildings, proposals should accord with the Privacy, Daylighting and AmenitySpace Standards set down in Table A 1 at the end of this annex, subject to the advice below.

A.2 PPG3 promotes the use of more sustainable patterns of development by making more efficient use of land.This can be achieved by maximising the re-use of previously developed land through high density schemesthat incorporate innovative design and layouts. The conversion and re-use of existing buildings including theuse of upper floor space over shops, can provide an important source of additional housing, particularly in towncentres. PPG 3 also advocates that policies should be adopted to promote such conversions, by taking a moreflexible approach to development plan standards with regard to (amongst other things) overlooking. It is thereforeconsidered that in some instances it may not be appropriate or possible to achieve the recommended distancesincluded within Table A 1 and that a more pragmatic approach may be taken in respect of space about buildingrequirements. Examples where this could occur include residential proposals for change of use, conversions,flat developments, infill developments, developments in town centres, and other forms of residential proposalmay also be considered appropriate where they can achieve wider UDP objectives. Such cases will be judgedon their merits, but it will still be necessary to ensure the amenity of the occupiers of the proposed andsurrounding dwellings and that the development potential of any adjacent land or building is not compromised.

A.3 One particular area where there is an opportunity for a degree of flexibility is on the public or street side ofa dwelling where privacy expectations are generally lower. In certain instances, due to changes in groundlevels, development may have the potential to significantly overlook or overshadow an existing dwelling or beaffected by existing properties. In these cases separation distances should be greater than the minimum setout within Table A 1 below. Factors that should be taken into consideration in determining planning applicationsinclude:-

the design of a dwelling or extension in relation to its effect on the existing form of development and theappearance of the streetscape;levels (developers may be required to submit details of existing and proposed ground and finished floorlevels);privacy, aspect and overshadowing;the use of permanent screening (although the use of soft landscaping and boundary treatment could alsoassist in screening);whether an extension replaces an existing extension or outbuilding; andthe orientation of the proposal in relation to the sun.

A.4 Therefore, the information within Table A.1 is not hard and fast rules, but provides an indication of standardswhich will be applied with a measure of flexibility in appropriate circumstances, an approach which as highlightedabove, is supported by PPG3.

A.5 Private garden areas are normally expected to be provided in new residential developments. Ordinarily,these must be of an adequate size, shape and level and should be in proportion with the dwelling proposed,size of plot and general character of the area. However, these requirements must be offset against the desireto achieve higher density developments, which could result in the provision of small scale easily managedgardens and private amenity spaces. That part of the private garden area sited immediately adjacent to thedwelling and primarily used for sitting out in should not be directly overlooked from other properties or gardensand measures to improve privacy should be considered. Balconies, roof gardens and first floor patios canadversely affect the privacy of neighbours and will generally be unacceptable.

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Table A.1 Privacy, Daylighting and Amenity Space Standards

BASIC DESIGNSMINIMUM DISTANCESASPECT CONSIDERED DESIGNS

The following definitions will beapplied where the design has not

The following space standards willbe applied in assessing residential

Where window locations are known,site layout plans should be

been decided or where thedevelopment proposals includingextensions.

annotated to show clearly theposition of all main and subsidiary development is adjacent to existingwindows to the proposed dwellings development where aspects cannotand any adjacent dwellings. The be determined. These definitionsfollowing definitions will be applied will also be used where nowhere the above requirement hasbeen met.NOTES1. MAIN ASPECT - main windowsto lounge/living rooms, diningrooms and conservatories2. SECONDARY ASPECT -windows to kitchens, bedrooms,

indication is made of aspects etc,and where it is not possible to makeassessments on the basis of main,secondary and side aspects.NOTES1. FRONT - the public approachside to the dwelling from the streetor main pedestrian route; OR

study, and subsidiary windows tolounge/living and dining rooms.3. SIDE ASPECT - includes blankwalls, windows to non-habitable

architecturally the main elevation ifthis is elsewhere.2. BACK - principal private gardenside of the dwelling.3. SIDE - wall of dwelling containingno habitable room windows.4. BOUNDARY - limit of thecurtilage of the dwelling.

rooms and walls to non-residentialbuildings.

FRONT TO FRONT ;21 metresMAIN to MAIN

FRONT TO BACK;

BACK TO BACK

18 metresMAIN TO SECONDARY

FRONT TO SIDE; BACK TO SIDE15 metresSECONDARY TO SECONDARY

12 metresMAIN TO SIDE

BACK TO BOUNDARY9 metresSECONDARY TO SIDE

5. Where the adjacent site or landis undeveloped but allocated for(and suitable for) development

4. Where the adjacent site or landundeveloped but allocated for (andsuitable for) development

BACK TO BOUNDARY; FRONTTO BOUNDARY

10.5 metresMAIN TO BOUNDARY

7.5 metresSECONDARY TO BOUNDARY

SIDE TO BOUNDARY1.5 metresSIDE TO BOUNDARY

THE EFFECT OF SLOPESIn certain circumstances, because it is sited on a slope, development may have the potential to overlook orovershadow an existing dwelling or be affected by existing properties. In these cases separation distancesshould be greater than the minimum given above.

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OVERLOOKINGIn respect of main and secondary to side elevations, where the main concerns are overshadowing andoverlooking, the distances quoted relate to buildings directly in front of windows and not when they are setto one side. For the effects of angles of overlooking, and the definition of the Primary sector see the diagramsbelow.

A.6 ANGLE OF OVERLOOKING

In addition to the consideration of distances between windows in the above standards, development will normallyonly be permitted where facing habitable room windows do not fall within a primary sector defined by drawinglines at 45o to the wall from both sides of the window opening and being of the minimum length set out in thepreceding standards (refer to paragraph A.2 for further guidance). The following diagram illustrates theserequirements:-

How to Define the Primary Sector

(a) A primary sector of view will be defined from habitable room windows by drawing a 45o line from both sidesof the window.

Picture A.1 Definition of Primary Sector

'x'

WINDOW

45 45

PRIMARY SECTOR

'x' - refers to aspectminimum distance

in Table A.1

(b) Facing habitable room windows will not normally be allowed where they are within the minimum distancefor aspect considered designs (Table A.1) and each window falls within the primary sector measured from theopposing window (refer also to paragraph A.2).

Picture A.2 Facing Habitable Room Windows

'x'

WINDOW

45 45

45

45WINDOW

UNACCEPTABLE

WINDOW

45 45

45

45

WIN

DOW

MAY BEACCEPTABLE


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Possible Exceptions to Standards

There may be a need for making exceptions to the standards, particularly when assessing alterations orconversions to Listed and historic buildings, developments in Conservation Areas, change of use proposals,conversions, flat developments, infill developments, developments in town centres, and other forms ofresidential proposal which may achieve wider UDP objectives. In such cases proposals will be assessedon their individual merit.Windows to non-habitable rooms - where these would otherwise not meet the standards stated they maybe obscure glazed or positioned at high level in the room.Screening - screening between habitable room windows may allow distances of less than those stated.However, the screening should result in no undue loss of light to habitable room windows. Screens shouldgenerally rise 2m above ground level and be built of appropriate durable materials.

A.7 DEFINITIONS

Habitable rooms include: Lounge/Living Room, Dining Room, Conservatory, Kitchen, Bedroom, StudyNon-habitable rooms include: Bathroom, Lavatory, Utility Room, Hall, Storm Porch, Stairway, Landing, GarageSubsidiary Windows - These are second or subsequent windows, much smaller than the main window. Theirpurpose is mainly to obtain slightly more light or ventilation to a part of a room rather than to secure views out.Obscure Glazing - This means patterned or frosted glass/glazing materials which lets in light but preventsclear vision through.High level Windows - Windows with a sill set at a high level to allow light and ventilation to enter a room butmaking viewing out more difficult. Skylights usually have a similar function.Screening – Permanent walls and fencing used to overcome privacy problems. They will generally be higherthan eye level.Main Aspect - Main windows to Lounge/Living Rooms, Dining Rooms and Conservatories.Secondary Aspect - windows to habitable rooms, but not the Main Aspect. (Windows serving rooms that areused for both kitchen and dining purposes can be classed as either Main or Secondary Aspect. Each case willbe judged on its merits. (Factors that will assist in this assessment include the usage of the room directlyadjoining a principal window and the availability of other rooms for dining).Side Aspect - Blank walls and walls only containing windows to non-habitable rooms, and walls to non-residentialbuildings.Front Elevations - For the purposes of these guidelines, the front elevation is taken to mean the elevationwhich combines as many as possible of the following:-

it faces the street or 'main’ street (where terraces have alternate front and back streets)it faces the main garden area of the propertyit contains the main windows to the lounge/living roomit has the main architectural features that unify the building and give its character, e.g. bay or mullionedwindows, front doors, distinctive stonework

Rear Elevations – For the purposes of these guidelines, the rear elevation is taken to mean the elevationwhich combines as many as possible of the following:-

it faces the 'back’ street (where terraces have alternative front and back streets)it faces the rear yard/gardenit contains kitchen, dining room or subsidiary windowsit has existing extensions or outbuildings

Boundary - The limit of the curtilage of a dwelling.


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A.8 HOUSE EXTENSIONS

Not all house extensions require planning permission. Where they do, the recommended window standardsoutlined in Table A1 will apply together with the following additional requirements:-

(A) EXTENSIONS TO BACK-TO-BACK HOUSES AND TO THE FRONT OF THROUGH TERRACES

Planning permission will not normally be granted for applications for extensions to back-to-back houses, or thefront elevation of through terrace houses which comprise:-

a. extensions of two or more storeys;b. single storey extensions projecting more than 2 metres from the front main wall of the property;c. single storey extensions projecting 2 metres or less which cross a 45o line drawn from the centre of the

nearest main aspect window of the adjoining house(s).

The above information is portrayed in the following diagrams:

Picture A.3 For Single Storey Extensions to Back-to-Back Houses and to the Front of Through Terrace Houses

WINDOW

45

UNACCEPTABLE

WINDOW

45

ACCEPTABLE 2m or less

2m or less

WINDOW

45

UNACCEPTABLE

Over 2m


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(B) EXTENSIONS TO REAR OF THROUGH TERRACE HOUSES

Planning permission will not normally be granted for applications for extensions at the rear of through terracehouses which comprise:-

a. any extension projecting 3 metres or more;b. single storey extensions projecting over 2 metres which cross a 45o line drawn from the centre of the

nearest main aspect window of the adjoining house.c. extensions of two or more storeys (of any depth) which cross a 45o line drawn from the centre of the

nearest main aspect window of the adjoining house.


Picture A.4 For Single Storey Extensions to Rear of Through Terrace Houses

WINDOW

45

ACCEPTABLE2m or less

WINDOW

45

UNACCEPTABLE

2 - 3 m

WINDOW

45

ON MERITS

2 - 3m

WINDOW

45

UNACCEPTABLE

Over 3m

Picture A.5 For Two or More Storey Extensions to Through Terrace Houses

WINDOW

45

UNACCEPTABLE

Any depth

WINDOW

45

ON MERITS

3m or less

WINDOW

45

UNACCEPTABLE

Over 3m


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(C) EXTENSIONS TO SEMI-DETACHED HOUSES

Planning permission will not normally be granted for applications for extensions to semi-detached houses whichcomprise:-

a. single storey extensions projecting over 3 metres which cross a 45o line drawn from the centre of thenearest main aspect window of the adjoining house.

b. extensions of two or more storeys projecting over 2 metres which cross a 45o line drawn from the centreof the nearest main aspect window of the adjoining house.

Extensions to the side of semi-detached houses can cause both visual and practical problems and the varietyof these means that it is not possible to generalise in this guidance. However, in considering applications forextensions to the side of these properties, regard should be had to the appearance, overshadowing, overlookingand other practical effects and to the standards in other relevant parts of this guidance and to relevant UDPPolicies.


Picture A.6 For Single Storey Extensions to Semi-Detached Houses

WINDOW

45

UNACCEPTABLE

ON MERITS

ACCEPTABLE 3m

Picture A.7 For Two or More Storey Extensions to Semi-Detached Houses

WINDOW

45

UNACCEPTABLE

ON MERITS

ACCEPTABLE 2m

(D) EXTENSIONS TO DETACHED HOUSES

The variety of such cases means that general rules cannot be made. However, the minimum space standardsset out will apply.


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Annex B Trees On or Adjacent to Development Sites

B.1 This Annex provides further detailed technical information to assist implementation of Policies relating totrees. Paragraphs 11.73 to 11.79 and Policy NE 21 in Section 11 on the Natural Environment and the Countrysideconcern trees on or adjacent to development sites.

B.2 SUBMISSION OF A TREE SURVEY

The need for a tree survey is stated in paragraph 11.75. The matters this survey should include are set outbelow:

an accurate site survey including ground levels and existing features;the location, species, canopy size, and likely root system spread of all trees on and adjacent to the site;a tree condition survey;an assessment of the ecological value of the trees;an arboricultural implications study;a hedgerow survey (where relevant);fill levels plus cut and fill details;service and drainage details;the location of site compound, storage areas and temporary access where relevant;details of measures to be taken to protect trees during construction; andthe internal layout of dwellings where relevant.

B.3 SHADE CAST

Paragraphs 11.78 to 11.79 explain the need to take account of shade cast if future pressure to fell or prunetrees is to be avoided. The Council will take into consideration the following factors when assessing the degreeof shade cast and how close to an existing tree(s) a new building will be permitted:

the location of the building in relation to the tree(s). The assessment needed to establish whether or nota building would be subject to shade cast is achieved by taking a 45 degree angle from the averageattainable height of the species of tree (as stated in Table B 1) to the ground level in the sector betweenthe north-east and north-west of the tree(s). Any window and associated room falling within that zonewould be subject to shade cast. Residential proposals are particularly susceptible to shade cast.Therefore,where windows to habitable rooms of dwellings would lie in the sector between the north-east andnorth-west of a tree, a minimum distance equivalent to the average attainable height of the tree will berequired (subject to allowance being made for the spread of the tree’s crown and site features such asslope and aspect). Where the minimum distance cannot be achieved the dwelling would be subject to anunacceptable level of shade cast and is therefore not likely to be acceptable;the type of building (for example, more light will be needed in a house than an industrial unit);the tree(s) species and average attainable height;the aspect of the tree from the proposed building (for example, a tree on the northside of a building willtake less light from a building than one on the southside);the topography of the site (for example, a tree located at a lower level than a building will generally takeless light from it than one located at a higher level than it);potential post development nuisance problems. Consideration will be given to the likelihood of futurerequests to fell and prune trees that may cause a nuisance through, for example, interference with TVreception and leaf litter in gutters.in residential proposals gardens can also be subjected to shade cast which can be particularly dislikedin private south facing gardens, thus increasing the likely pressure from future residents to request fellingof the appropriate trees. The likely shade cast effects on private garden areas of development proposalswill also be taken into account.

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Table B.1 lists the likely attainable heights of a variety of trees commonly found in the District. The maximumattainable height would only be achieved in good conditions and on open ground. As these conditions are notalways prevalent in the District a more realistic average attainable height of trees is calculated by averagingthe height at 20 years together with the maximum attainable height. It is this average attainable height that willbe used to establish the level of shade cast.The list includes most trees likely to be encountered on developmentsites and those suitable for planting in residential areas. There are many other species and cultivars, toonumerous to list here, some of which would be acceptable depending on location. Inclusion in the list does notimply suitability for a particular situation. Information concerning the average attainable height of trees that donot appear on the list can be sought from the Council’s Community Services Trees Officer.

Table B.1 The Attainable Height of Common Tree Types

AverageAttainable Height(metres)

MaximumAttainable Height(metres) (in goodconditions and onopen ground)

Average Heightat 20 years(metres)

AverageHeight at 10years(metres)

TREE TYPE

2335118ASH (Common)

2025158ALDER (Common)

2540106BEECH (Common)

2226188BIRCH (Silver)

2436128CEDAR (Deodar)

91263DOGWOOD (Pacific)

3859179DOUGLAS FIR

2738158ELM (Wych)

111564HAWTHORN

7864HAZEL (Common)

132064HOLLY

1620117HORNBEAM

2538118HORSE CHESTNUT

2943158LARCH (European)

2946118LIME (Common)

1528138MAPLE (Norway)

1926116OAK (Common)

2436128PINE (Scots)

27361710POPLAR (Lombardy)

2330159ROBINIA

1518128ROWAN

3044158SPRUCE (Norway)

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AverageAttainable Height(metres)

MaximumAttainable Height(metres) (in goodconditions and onopen ground)

Average Heightat 20 years(metres)

AverageHeight at 10years(metres)

TREE TYPE

25351510SYCAMORE

2130125WALNUT (Common)

152095WHITEBEAM

2230148WILD CHERRY

20251510WILLOW (Crack)

Source : ‘The Trees of Britain and Northern Europe’ A. Mitchell, J Wilkinson (1982) Collins, London.

Examples of Shade Cast Assessment in Residential Development Proposals

Picture B.1 Shade Cast

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Picture B.2 Shade Cast

Distance from tree

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Appendix 1 National Planning Policy

PLANNING POLICY GUIDANCE (PPGs) AND PLANNING POLICY STATEMENTS (PPSs)

National Planning Policy sets out Government policies on different aspects of planning. Local authorities musttake their content into account in preparing their development plans. The guidance may also be material todecisions on individual planning applications and appeals.

The following is a list of the existing Planning Policy Guidance (PPGs) and Planning Policy Statements (PPSs)and the date they were published:-

PPS1: Delivering Sustainable Development (2005)

PPG2: Green Belts (1995)

PPG3: Housing (2000 + updates 2005) (and supporting Best Practice Guide documents)

PPG4: Industrial and Commercial Development and Small Firms (1992)

PPG5: Simplified Planning Zones (1992)

PPS6: Planning For Town Centres (2005)

PPS7: Sustainable Development in Rural Areas (2004)

PPG8: Telecommunications (2001)

PPS9: Biodiversity and Geological Conservation (2005)

PPS10: Planning and Sustainable Waste Management (2005)

PPS11: Regional Spatial Strategies (2004)

PPG12: Development Plans (1999)

PPS12: Local Development Frameworks (2004)

PPG13: Transport (2001)

PPG14: Development of Unstable Land (1990), Annex 1 (1996) and Annex 2 (2002)

PPG15: Planning and the Historic Environment (1994)

PPG16: Archaeology and Planning (1990)

PPG17: Planning for Open Space, Sport and Recreation (2002) (and Companion Guide to PPG17)

PPG18: Enforcing Planning Control (1991)

PPG19: Outdoor Advertisement Control (1992)

PPS22:Renewable Energy ( 2004) (and Companion Guide to PPS22)

PPS23: Planning and Pollution Control (2004)

PPG24: Planning and Noise (1994)

PPG25: Development and Flood Risk (2001)

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Appendix 2 National Minerals Policy

MINERALS PLANNING GUIDANCE AND MINERALS POLICY STATEMENTS

Minerals Planning Guidance notes (MPGs) and their replacements, Minerals Policy Statements (MPSs) setout the Government’s policies on minerals and planning issues and provide advice to minerals planningauthorities and the minerals industry on policies and the operation of the planning system with regard to minerals.Mineral planning authorities must take their contents into account when preparing their development plans.The guidance may also be material to decisions on individual planning applications and appeals.

The following is a list of existing MPGs and MPSs and the dates at which they became effective: -

National and Regional Guidelines for aggregates provision in England, 2001-2016

Aggregates Provision in England 2001-2016 - First and Second Monitoring Reports

MPG1: General Considerations and the Development Plan System (1996)

MPG2: Applications, Permissions and Conditions (1998)

MPS2: Controlling and Mitigating the Environmental Effects of Mineral Extraction in England (2005)

MPG3: Coal Mining and Colliery Coal Disposal (1999)

MPG4: Revocation, Modification, Discontinuance, Prohibition and Suspension Orders - Town andCountry Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing)Regulations (1997)

MPG5: Stability in Surface Mineral Working and Tips (2000)

MPG6: Guidance for Aggregates Provision in England (1994)

MPG7: Reclamation of Mineral Workings (1996)

MPG8: Planning and Compensation Act (1991): Interim Development Order Permissions (IDOs)- Statutory Provisions and Procedures (1991)

MPG9: Planning and Compensation Act (1991) Interim Development Order Permissions (IDOs)- Conditions (1992)

MPG10: Provision of Raw Material for the Cement Industry (1991)

MPG13: Guidelines for Peat Provision in England Including the Place of Alternative Materials(1995)

MPG14: Environment Act (1995) Review of Mineral Planning Permissions (1995)

MPG15: Provision of Silica Sand in England (1996)

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Appendix 3 Supporting Published Documents

The Council made use of a wide range of documents whilst preparing the Replacement UDP. Some of thesedocuments were prepared for the Council whilst others were produced by other organisations. Some of thedocuments are seen as essential supporting documents for the UDP and were published alongside theReplacement Plan and placed on deposit with it. Others are useful for background or further reading. All ofthese documents may be inspected at Calderdale Council’s Planning Services offices in Northgate House,Halifax.

Documents Published alongside Replacement UDP and Placed on Deposit:-

Sustainability Appraisal Part 1 (2001)

Sustainability Appraisal Part 2 (2002)

Minor Changes to the Green Belt (2002)

Consultation Report (2002)

Other Background Documents:-

Calderdale Urban Capacity Study (2001)

Business Environments Group: ‘Economic Assessment and Employment Site Identification’ (2001)

West Yorkshire Local Transport Plan, (2000)

West Yorkshire Retail Capacity Study, (1999)

Halifax Town Centre Strategy, (2001)

Calderdale and Kirklees Housing Requirements Study (1999)

A Local Housing Strategy for Calderdale 2001 - 2006

“A Heritage Strategy for the Southern Pennines”; SCOSPA, (2001)

Integrated Management Strategy and Conservation Action Plan; SCOSPA (1999)

Calderdale's Natural Heritage; a Biodiversity Action Plan for Calderdale (2003)

A Species Audit for Calderdale

Housing Technical Paper: (June 2003)

Upper Calder Valley Renaissance Strategy (2003)

Halifax Streets Ahead (2004)

Calderdale Futures Plan (2006)

Supplementary Planning Guidance Note 1: The Provision of Affordable Housing in New HousingDevelopments (1998)

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Appendix 4 Glossary of Terms

By necessity some technical and legal terms andphrases have been used in this document. Thisglossary aims to explain these in plain English. It isby no means exhaustive either in its breadth ofcontents or depth of meaning, but it is hoped that itwill prove to be a useful aid when used in conjunctionwith the text, statutory documents, circulars etc.

Access Bus - a service operated by the WestYorkshire Passenger Transport Executive (METRO)in conjunction with the Social Services Departmentto provide an assisted dial-a-ride means of transportfor less mobile citizens.

Access Land - large areas of ‘open space’ whichare open to public access, either as urban commonor rural common, some of which is owned by theCouncil. This open space (AL) land is shown on theProposals Map.This is NOT the Access Land referredto in the Countryside and Rights of Way Act 2000(CRoW Act) which is not shown.

Active Solar Power - the use of solar panels todirectly heat water systems by using the sun’s energy

Advertisement Hoarding - a large board used fordisplaying advertising posters.

Affordable Housing - housing which is accessibleto people whose income is insufficient to enable themto buy housing locally on the open market.

Agriculture - includes horticulture, fruit growing, seedgrowing, dairy farming, the breeding and keeping oflivestock (including any creature kept for theproduction of food, wool, skins or fur, or for thepurpose of its use in the farming of land), the use ofland as grazing land, meadow land, osier land, marketgardens and nursery grounds, and the use of landfor woodlands where that use is ancillary to thefarming of land for other agricultural purposes. (Townand Country Planning Act (1990), Section 336)

Air Quality Action Plan - where an Air QualityManagement Area is designated, an Action Planneeds to be formulated, outlining how the Councilintends to bring about improvements in air quality soas to meet the standards and objectives for thepollutants of concern.

Air Quality Management Area (AQMA) - an areawhere air pollution is likely to exceed National AirQuality Objectives under the Environment Act (1995),

particularly due to road traffic emissions. Air qualitywill be reviewed over the life of the Plan and thereforenew areas may be designated.

Allocation - the land use assigned a specific end usein the UDP/Development Plan. This word relatesmainly to New Housing Sites, New Employment Sitesand Mixed Use Sites.

Allotment - portion of land used for cultivation. Areaof land let out at a nominal rent by local authorities,independent allotment associations or private ownersto individuals for the cultivation of food (see alsoStatutory Allotments).

Amenity - quiet enjoyment of property, it can includefactors such as pleasantness, privacy and adequatedaylight. However, it does not include the views thata property might enjoy.

Amenity Open Space - open space which has avalue in contributing to the areas amenity, notably interms of its visual or environmental role (rather thanthe specific value for recreation or natureconservation).

Ancient Woodland - sites which have had continuouswoodland cover since at least AD 1600 to the presentday, though some sites may have been replanted atsome point in the past.

Areas of Archaeological Value (Class III Areas) -areas or sites where evidence exists to indicate thepresence or probability of remains of archaeologicalvalue. Registered in the Historic Environment Record(HER).

Areas of Special Archaeological Value (Class IIAreas) - areas or sites where evidence exists toindicate the presence or strong probability of remainsof archaeological value. Registered in the HistoricEnvironment Record (HER).

Article 4 Directions - made under Article 4 of theTown and Country Planning (General PermittedDevelopment) Order (1995) (and subsequent orders)removing or restricting permitted development rights.

Biodiversity - the richness and variety of plants,insects, birds, mammals and all living things in theworld.

Biodiversity Action Plan (BAP) - a plan identifyingbiodiversity priorities and the means of theirconservation.

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Biomass - the use of products and by-products ofagriculture and forestry to produce energy. Forexample, wood fuel from forestry residues, poultrylitter from intensive chicken rearing and the cultivationof crops, typically willow or grass.

Brownfield site - land which has previously beendeveloped as defined by PPG 3 (Housing). (SeePreviously Developed Land for a full definition)

Building Regulations - a set of national standardsset by Government to ensure buildings areconstructed in a safe manner. New building work andmost refurbishment requires a Building Regulationsconsent.

Car Clubs - organisations made up of residents wholegally agree to jointly own and make use of a limitednumber of cars.

Car- Free Housing - housing where there will be nocar parking allowed with the development. Residentswill need to agree not to own a car.

Challenge Funding - Challenge Funding is a schemeintroduced by English Heritage and the Council forBritish Archaeology to encourage voluntary effort inmaking original contributions to the study and careof Britain's historic environment. Groups, societiesand individuals are challenged to put forwardproposals for innovative projects which will saysomething new about the history of localsurroundings, and thus inform their future care.

Circular - Government advice which clarifies andexplains matters of both legislation and procedure.

Combined Heat and Power (CHP) - use of the wasteheat from power generation to provide heating for abuilding or neighbourhood.

Common Land - includes any land enclosed underthe Enclosure Acts (1845 to 1882), and any town orvillage green (Town and Country Planning Act (1990),Section 336), over which the public have rights ofuse. There are generally six recognised rights ofcommon:

grazing sheep or cattle (herbage);taking peat or turf (turbary);taking wood, gorse or furze (estovers);taking of fish (pescary);eating of acorns or beechmast by pigs(pannage);the right to take sand, gravel, stone andminerals (common in the soil);

In addition, for urban common there is the right toroam. For rural commons the right to roam isrestricted to public rights of way or the owner maygrant public rights of access by Deed. However, theGovernment’s proposals to permit the public accessto open countryside will also include access to ruralcommon land.

Community Schools - schools which are to be usedas an integral part of the community in which they arelocated by providing for the educational needs of allthe citizens and by offering a range of othercommunity facilities.

Community Strategy - a document bringing togetherall the Council's strategic intentions for addressingthe major issues affecting the Council and its citizens,and setting out a framework for a co-ordinated useof resources and delivery of services.

Commuted Sum - a sum of money paid by adeveloper, under a planning obligation, to a localauthority to cover, or contribute towards, the cost ofproviding necessary facilities, at or near, the site ofa proposed development in order to overcomerelevant planning objections. Alternatively, paymentsmay be made periodically to a local authority or someother body, for a specified period to cover, forexample, ongoing maintenance costs.

Conservation Areas -areas of special architecturalor historic interest, where development is more tightlyrestricted than elsewhere in order to preserve orenhance their special character and qualities. Theseareas are designated by the Council under Section69 of the Planning (Listed Buildings and ConservationAreas) Act (1990) which gives them statutoryrecognition and protection.

Controlled Waste - non-radioactive solid wastes andsludges (excluding mineral wastes) defined as"controlled wastes" under the EnvironmentalProtection Act (1990). Guidance on the definition ofwaste is provided in Annex 2 to DoE Circular 11/94on Waste Management Licensing.

CO 2 - carbon dioxide.

Curtilage - the area of land attached to a building. Inthe case of Listed Buildings, the ‘listing’ usuallyextends to cover all structures and boundary wallswithin its curtilage.

DCLG - Department for Communities and LocalGovernment, set up to replace the ODPM in 2006.

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Defensible Space - public and semi-public spacethat is overlooked, demarcated or maintained bysomeone. It is an important concept in securing publicsafety in urban areas where people are empoweredwith a feeling of ownership of the space around themthat they will police and look after, thus contributingto a safer crime-free environment.

DEfRA - Department of the Environment, Food andRural Affairs, set up in 2002. This has replaced partof the former DTLR, and has taken on board aspectsof work regarding environmental protection, the roleof the Former Ministry of Agriculture, Fisheries andFood, and rural issues.

Derelict Land - land so damaged by industrial orother development that it is incapable of beneficialuse without treatment.

DETR – the former Department of Environment,Transport and the Regions, set up in 1996. TheGovernment Department that was in charge of,amongst other concerns, planning matters. Thisreplaced the previously separate Departments ofTransport and Environment, and was replaced by theDTLR.

Development - the carrying out of building,engineering, mining or other operations in, on, overor under land, or the making of any material changein the use of any buildings or other land (Section 55Town and Country Planning Act (1990)).

Development Control (DC) - the process ofdetermining planning applications., carried out by theCouncil in order to ensure appropriate use of landand buildings in conformity with Governmentlegislation and guidance, the Development Plan (inthis case the UDP) and other material planningconsiderations.

Discontinuance Notice - a requirement to removean advertisement or stop using an advertisement siteunder the Town and Country Planning (Control ofAdvertisements) Regulations 1992 as amended.

District - the administrative area of the MetropolitanBorough of Calderdale.

DTLR - Department of Transport, Local Governmentand the Regions, created in 2001, replaced theDepartment of the Environment, Transport and theRegions (DETR).The DTLR has now been disbandedand replaced by three separate departments,Department for Transport (DfT), Department for

Environment, Food and Rural Affairs (DEFRA), andthe Department for Communities and LocalGovernment (DCLG).

Ecological Plan - a document commissioned by theLeisure Services Department adopting an ecologicalapproach to the management of the CalderdaleLandscape. This was replaced by the CalderdaleBiodiversity Action Plan.

Edge of Centre - for shopping uses, a location wellconnected to and within easy walking distance (up to300 metres) of the main shopping area, oftenproviding parking facilities that serve the centre aswell as the store. For other uses (including offices orleisure), an edge of centre location is likely to bewithin 300 metres of the town centre boundary.

Energy Conservation - the use of certain buildingtechniques and design principles to produce a moreenergy efficient building.

Environmental Improvement Areas - areas wherethe Council will carry out (subject to the availabilityof resources), and encourage priority measures toimprove the environment.

Environmental Impact Assessment (EIA) - aprocedure and management technique which ensuresthe likely effects of new development on theenvironment are fully appraised and taken intoaccount before the development is allowed to goahead.

Flood Plains - land adjacent to a watercourse overwhich water flows in times of flood or would flow butfor the presence of flood defences where they exist.

Food Deserts - residential areas which are locatedsome distance from convenience shopping. As ageneral principle, it is an aspiration that every residentwithin the District should be within 500 metres of aconvenience store offering a range of productsnecessary for daily and top-up shopping.

Footloose Company - a company that does not haveany specific locational requirements and as such isfree to locate anywhere.

General Permitted Development Order (1995)(GPDO) (as amended) - Statutory Instrument (1995)No 418 which describes those forms of developmentclassed as "permitted development" which do notneed express planning permission and therefore donot need to be subject of planning applications.


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General lmprovement Areas (GIAs) - areas whereencouragement of improvements to owner occupiedhousing was assisted by grants and environmentalimprovement. Terminated under Part VIl of the LocalGovernment and Housing Act (1989), effective fromMarch 1991.

Grampian Condition - a form of condition (namedafter the Grampian Region of Scotland, where theiruse was first tested in case law) attached to the grantof planning permission which ensures that certainelements, which may be, outside the control of theapplicant are implemented or in place before thedevelopment can either commence or be occupied.These types of condition are often used instead of aPlanning Obligation.

Green Belt - an area of open land defined on theProposals Map, in accordance with Governmentguidance (PPG2) where strict controls ondevelopment are applied in order to check theunrestricted sprawl of large built-up areas, safeguardthe countryside from encroachment, preventneighbouring towns from merging with one another,preserve the special character of historic towns andassist in urban regeneration.

Greenfield Land - a common term used to describeland which has not been previously developed, inaccordance with the definitions set out in PPG3 AnnexC. It includes agricultural fields, agricultural andforestry buildings, parks, allotments and recreationgrounds, woodlands and other land that may neverhave had a permanent structure placed upon them.Also included is land that was previously developedbut where the remains of any structure or activity haveblended into the landscape in the process of time tothe extent that it can reasonably be considered aspart of the natural surroundings.

Greenhouse Effect - greenhouse gases, (such ascarbon dioxide) trap heat in the atmosphere byabsorbing longwave radiation while letting the sun'senergy pass through, this increases the meantemperature of the planet (also known as ‘globalwarming’ or ‘climate change’).

Greenhouse Gas - a collection of gas types(including carbon dioxide) which accumulate in theupper atmosphere and contribute to the greenhouseeffect.

Habitat - a site or area inhabited by a particularspecies of plants or animals, which provides theunique combination of characteristics to enable thespecies to continue to exist.

Halifax Central Monitoring Cordon - this is a surveyenvelope drawn around the centre of Halifax and usedon a regular basis to count traffic and pedestrian flowsinto and out of the town centre.

Hard Landscaping - landscaping using walling,fencing, street furniture, lighting, stone setts, pavingslabs rather than plants.

Heritage - buildings, artefacts or landscapes whichhave been handed down by a previous generation.

High Voltage Power Lines - power lines carryingover 132 kV.

Highway - a generic term encompassing variouspublic rights of way over land. Highways, or parts ofthem, may be classed as follows:-

a. 'all purpose highway’ - one over which the publichave a right of way on foot and with vehicles,and over which they may exercise a bridlewayuser;

b. ‘carriageway’ - a way constituting or comprisedin a highway, being a way (other than a cycletrack) over which the public have a right of wayfor the passage of vehicles;

c. ‘footway’ - that part of an all purpose highwayover which the public have a right of way on footonly;

d. ‘footpath’ - a highway in its own right over whichthe public have a right of way on foot only, notbeing a footway;

e. ‘bridleway’ - a highway over which the publichave a right of way on foot and a right of wayon horseback or leading a horse, with or withouta right to drive animals of any description alongthe highway;

f. 'cycle way’ - a way constituting or comprised ina highway, over which the public have a rightof way on pedal cycles with or without a right ofway on foot.

Houses in Multiple Occupation (HMO) - a dwellingoccupied by a number of people living separately.

Housing Corporation - a body created by theHousing Act (1964) through which funding is allocatedto Housing Associations. The Corporation operateswithin an annual cash limit and works to adevelopment programme approved by the Secretaryof State.

In-Bye Land - enclosed farmland in hill or uplandareas used for the rearing of cattle or sheep or theproduction of crops.


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Landscaping - the treatment of spaces between andaround buildings. Landscaping does not necessarilypossess any recreational value but includes hardelements (such as paving, walling, fencing, streetfurniture, lighting, paving) and soft elements (such asgrassed areas, trees, shrubs, plants, water areas).

Landscape Character Assessment - is a methodfor identifying and understanding the patterns andfeatures (both natural and man-made) that makesplaces distinctive.

Legal Agreement - made between the local planningauthority and any person interested in land, for thepurpose of restricting or regulating the developmentor use of the land, usually made in connection withthe granting of planning permission (Section 106Town and Country Planning Act (1990)).

Lifetime Homes - housing designed for all needsand all ages.

Listed Building - a building of special architecturalor historic interest which appears on a list compiledor approved by the Secretary of State for Culture,Media and Sport.This includes any object or structurefixed to the building or any separate structure withinthe curtilage that has formed part of the land sincebefore 1 July 1948. Once a building is Listed, consentis normally required for its demolition and for anyworks of alteration or extension which would affectits character as a building of special architectural orhistoric interest.

Local Centres - see Retail Hierarchy.

Local Nature Reserve (LNR) - an area consideredto be of importance for nature conservation, educationand public enjoyment. Such sites may be of districtor local importance. They may be designated on anyland where nature conservation is the primarymanagement objective. Usually designated by thelocal planning authority, following consultation withEnglish Nature, under the National Parks and Accessto the Countryside Act (1949) (as amended).

Local Planning Authority (LPA) - the bodyresponsible for carrying out the statutory anddiscretionary planning functions of the District - TheCouncil of the Metropolitan Borough of Calderdale.

Major Town Centre - see Retail Hierarchy.

Manufacturing Company - a company that producesgoods especially by an industrial process.

Massing - the combined effect of the size and shapeof a building or group of buildings.

METRO - West Yorkshire Passenger TransportExecutive, the marketing and operating agency forpassenger transport in West Yorkshire.

Minerals Planning Guidance (MPG) and MineralsPolicy Statements (MPSs) - a series of guidancenotes issued by the Secretary of State to provideadvice on the control of minerals development. Thelist of MPGs and MPSs is contained within Appendix2.

Mixed-Use Development - the development of morethan one land use on a single site or within a building(such as residential, retail, offices and recreation)which are complimentary and can co-exist withoutundue conflict.

Mixed-Use Frontages - frontages where non retailuses including those in Food and Drink Class (A3)will be encouraged but will not be allowed to dominatethe overall mix of uses.

National Nature Reserves - sites of nationalimportance managed for nature conservationobjectives by approved bodies and designated byEnglish Nature.

National Playing Fields Association (NPFA) - anational voluntary organisation which campaigns forthe provision and protection of playing fields, publicopen space and children’s play space.

Natural Surveillance - the discouragement towrong-doing by the presence of passers-by, or theability of people to be seen from surrounding windowswith the resulting perception of safety.

Neglected Land - land which, though capable ofsome beneficial use, is at present uncared for, untidyand is in a condition detrimental to the environment.

Neighbourhood Watch - a scheme under whichmembers of a community (such as a housing estate)agree together to take responsibility for keeping aneye on each other’s property, as a way of preventingcrime.

Office Amenity Area (Halifax) - an area where theamenity of daytime office uses will be protected fromincursions of predominantly night time uses, in orderto support the daytime economy of the area.

Open Space - areas of land located within urban andrural areas that are of public value and which may be


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either in public or private ownership. PPG17 "Planningfor Open Space, Sport and Recreation" (2002) definesopen space which may be of public value as:accessible countryside in urban fringe areas,allotments, amenity greenspace (including informalrecreation spaces, greenspaces in and aroundhousing, domestic gardens and village greens),cemeteries, children's and teenagers play andinformal areas, churchyards, city farms, civic spaces,community gardens, golf courses, grasslands andscrub (e.g. downlands, commons and meadows),green corridors (including river and canal banks,cycleways and rights of way), school grounds, parksand gardens (including urban parks, country parksand formal gardens), playing fields, open and runningwater, outdoor sports and recreation facilities andgrounds (with natural or artificial surfaces and publiclyor privately owned), urban and rural commons, urbanforestry, wastelands and derelict open land and rockareas (e.g. cliffs, quarries and pits), wetlands, andwoodland.

Other Open Space (OOS) - this open spacedesignation is predominantly applied to land that doesnot have predetermined open space functions suchas sports and recreation grounds, cemeteries,amenity land or allotments. It generally consists offormal parks and gardens and other open spaceincluding private gardens.

Other Retail Locations - stores or retail parks whichare not to be regarded as town centres for thepurposes of policy interpretation. These may be inedge-of-centre, out of centre or out of town location.There are no out of town “Other Retail Locations”within Calderdale.

Out-of-Centre - a location that is clearly separatefrom a town centre, but not necessarily outside theurban area.

Out-of-Town - an out of centre development on landnot clearly within the current urban boundary.

Outlying Areas - open countryside, outside andseparating the main urban settlements in the Districtwhich are either Green Belt, Special Landscape Areaor Area around Todmorden.

Outlying Communities - small settlements locatedwithin the Green Belt , Area around Todmordenand/or Special Landscape Area.These have a limitedrange of community facilities, shops and sources ofemployment and are frequently located in uplandareas.

Part M of the Building Regulations - MinimumStandards for Disabled Access to Buildings

Passenger Transport Authority (PTA) - a joint boardnominated from the district councils of a metropolitanregion to assess overall needs for public transport,to provide funds for subsidised services, promoteco-ordination between services and to take action toincrease convenience and availability of publictransport services.

Passive Solar Design - designing buildings to makeoptimal use of energy freely available from the sun,daylight and air currents.

Permitted Development (PD) - certain forms ofdevelopment which, as prescribed in the Town andCountry Planning (General Permitted DevelopmentOrder (1995) (as amended) and the Use ClassesOrder (1987) (as amended), do not require expressplanning permission and therefore do not need to bethe subject of planning applications.

Planning Obligations - the Planning andCompensation Act (1991), Section 106, allows adeveloper to enter into a Planning Obligation eitheras a legal agreement or as a unilateral undertaking.These ensure that works, infrastructure, or facilitiesare secured alongside a development.

Photovoltaic Cells (PVs) - cells employing energyfrom the sun to generate electricity.

Planning Policy Guidance Notes (PPG) andPlanning Policy Statements - a series of policyguidance issued by the Secretary of State to provideguidance on general and specific aspects of planningpolicy. The list of PPGs and PPSs is contained inAppendix 1.

Pollution - the release of energy (sound, light, heat)or harmful or poisonous substances (solid, liquid,vapour, dust and gases) into the environment, therebyadversely affecting human populations, ecosystems,watercourses, air and soil quality.

Premium Employment Site - defined within RSS forYorkshire and The Humber Policy E3 as a locationfor major employment projects with a national orinternational choice of location, generally within thesize range 15-40 hectares, designed to meet theneeds of high-tech products and processes andservice sector growth.

Previously Developed Land (PDL) - this is definedby PPG3 'Housing' as:


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“Previously developed land is that which is or wasoccupied by a permanent structure (excludingagricultural or forestry buildings), and associated fixedsurface infrastructure”.

The definition covers the curtilage of development.Previously developed land may occur in both built-upand rural settings. The definition includes defencebuildings and land used for mineral extraction andwaste disposal where provision for restoration hasnot been made through development controlprocedures. The definition excludes land andbuildings that are currently in use for agricultural orforestry purposes, and land in built-up areas whichhas not been previously developed (e.g. parks,recreation grounds and allotments - even thoughthese may contain certain urban features such aspaths, pavilions and other buildings). Also excludedis land that was previously developed but where theremains of any structure or activity have blended intothe landscape in the process of time (to the extentthat it can reasonably be considered as part of thenatural surroundings), and where there is a clearreason that could outweigh the re-use of the site –such as its contribution to nature conservation – or ithas subsequently been put to an amenity use andcannot be regarded as requiring redevelopment.

Primary Employment Areas (PEAs) - areas, asdefined on the Proposals Map, in which industry andbusiness uses predominate and where the Councilwill seek to encourage development which createsjobs.

Primary Housing Areas (PHAs) - areas, as definedon the Proposals Map, in which housingpredominates.

Primary Shopping Frontages - key frontages oftown centres predominantly in retail use, where it isintended to retain retailing as a high percentage ofuses.

Priority Species - an animal or plant identified in aBiodiversity Action Plan as being of particularconservation concern.

Priority Habitat - a wildlife habitat identified in aBiodiversity Action Plan as being of particularconservation concern.

Protection Agencies - public sector bodies whoseprimary function is to protect the public andenvironment from hazards and development whichare likely to be detrimental to health and amenity e.g.the Health and Safety Executive and the EnvironmentAgency.

Quality Bus Partnerships - partnerships betweenMETRO, the Council, Police and bus operators ongiven bus corridors, where efforts are made by allparties to improve the quality and safety of servicesand facilities provided along that corridor.

Regeneration - the process of targeting resourcesat improving the infrastructure and environment ofdeteriorating older urban industrial areas in order toenhance job creation and retention.

Regional Aggregates Working Party (RAWP) - aregional group consisting of representatives from themineral industry, local authorities and CentralGovernment which assesses the supply and demandfor aggregates in the Yorkshire and HumbersideRegion. The RAWP is guided in its work by theNational Co-ordinating Group (NCG) which is chairedby the DTLR and includes senior representatives ofindustry and local government.

Regionally Important Geological orGeomorphological Site (RIGS) - sites notified asbeing of particular importance for their educationaland geological/geomorphological value.

Regional Spatial Strategy (RSS) - the regionalplanning document for Yorkshire & the Humberpublished in 2004. This now has development planstatus as a result of the Planning & CompulsoryPurchase Act 2004.

Registered Social Landlords (RSL) - independenthousing organisations registered with the HousingCorporation under the Housing Act (1996). Most arehousing associations, but there are also trusts,co-operatives and companies.

Renaissance - a term central to GovernmentGuidance contained in the Urban and Rural WhitePapers which promotes the renewal of existing urbanand rural settlements of all sizes, making them moreattractive, high quality and safe places to live, work,shop, spend leisure time and invest whilst alsoprotecting and enhancing the attractive features andtackling problem areas.

Renewable energy - energy which occurs naturallyand repeatedly in the environment. By currentconvention, the definition also includes combustibleor digestible industrial, agricultural and domesticwaste material.

Residential Amenity Area (Halifax) - an area inHalifax town centre where the protection of the


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amenity of existing or potential residents will be animportant consideration when determining proposalsfor other uses.

Resources - the raw materials and means by whichdevelopment and policies will be implemented. Inrespect of the UDP the principle resources are land,finance and people.

Retail Hierarchy - definitions of retail hierarchyshown on the Proposals Map:-

Major Town Centre - HALIFAX defined as:- largesub-regional centre providing the maincomparison shops in the District serving a widecatchment area; some convenience retailing;daily main indoor market facilities, and frequentspecial outdoor markets; many financial andprofessional services; administrative, culturaland office employment centre, majorentertainment (such as theatre, cinema, nightclubs, licensed premises and restaurants);public transport focus, highly accessible, offstreet public car parking for both long and shortstay, and some on street short stay parking.Town Centres - BRIGHOUSE, ELLAND,SOWERBY BRIDGE, HEBDEN BRIDGE ANDTODMORDEN defined as:- smaller town centresproviding retailing, financial and personalservices to a more local area (usually the townand its hinterland in question); supermarket orsuperstore provision; market held at least oncea week; local entertainment (such as theatre orcinema; licensed premises and restaurants);public transport focus; accessible to the localcatchment; some off-street public car parking,and on street short stay parking.Local Centres - KING CROSS, QUEENS ROAD,MYTHOLMROYD, HIPPERHOLME,RIPPONDEN, NORTHOWRAM, WEST VALEdefined as:- small centres or groups of shops,generally convenience shopping, but somecomparison as well; some personal or financialservices serving a limited area, hot-foodtakeaways and licensed premises; some localservices such as library or health centre; maybe a public transport focus or have through busservices, but mainly pedestrian catchment;possibly some off street parking but mainly onstreet provision.Local Shops - smaller groups of shops aroundthe District that are too small to show on theProposals Map, and which also form part of theshopping hierarchy.Other Retail Location - free standingsupermarkets, superstores, do-it yourself

warehouses, carpet stores, furniture dealers,sometimes located within retail parks.

Retail Parks - a group of at least 3 retail warehouses.

Retail Warehouses - large single-level storesspecialising in the sale of household goods (such ascarpets, furniture and electrical goods) and bulky DIYitems, catering mainly for car-borne customers andoften in out-of-centre locations.

RPG 12 - Regional Planning Guidance forYorkshire and the Humber to 2016, provided by theSecretary of State for Transport, Local Governmentand the Regions (2001). This provided the regionalbasis for developing the Replacement UDP. It wasreplaced by Regional Spatial Strategy for Yorkshire& the Humber in 2004 (RSS).

Rural Diversification - the development ofnon-agricultural activities by farm businesses in orderto supplement their farming activities. This is oftendone to support farm income and ensure thecontinuing viability of the business.

Scheduled Ancient Monument (Class 1Archaeological Area) - archaeological remains whichenjoy special protection by virtue of being scheduledunder the Ancient Monuments and ArchaeologicalAreas Act 1979.

SCOSPA - Standing Conference of South PenninesAuthorities

Secondary Shopping Frontages - frontages in towncentres where retail uses are important but not asimportant as in the primary frontages. Non-retail useswill be allowed to take a larger proportion of the lengthof the frontage than in primary frontages.

Secured by Design - the national police schemewhich aims to minimise crime and opportunities tocommit crime, primarily through employing moresecurity-conscious building design methods.

Service Sector - non-manufacturing sources ofemployment traditionally associated with 'white collarworkers', but also includes banking and finance,business services, hotels and catering anddistribution.

Simplified Planning Zone - a scheme that grants ablanket planning permission for certain classes ofdevelopment within a specified area in order to assistin the regeneration of that area.


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Single Regeneration Budget (SRB) - providesresources to support regeneration initiatives carriedout by local regeneration partnerships. Its priority isto enhance the quality of life of local people in areasof need by reducing the gap between deprived andother areas, and between different groups.The SRBcommitments are to end by 2007. The types of bidsupported differ from place to place, according tolocal circumstances but they will all include some orall of the following objectives:

improve the employment prospects, educationand skills of local people;address social exclusion and improvingopportunities for the disadvantaged;promote sustainable regeneration, improve andprotect the environment and infrastructure,including housing;support and promote growth in local economiesand businesses;reduce crime and drug abuse and improvecommunity safety.

Site of Ecological or Geological Interest (SEGI) -areas of particular interest by reason of their flora,fauna, geological or physiological features whichrequire protection and preservation.

Site of Special Scientific Interest (SSSI) - areasdesignated by English Nature (Nature ConservancyCouncil for England) as being of special interest byreason of their flora, fauna, geological or physiologicalfeatures and have statutory protection to preservethese features.

Skyline - the line at which the earth and sky appearto meet.

Solar Gain - designing buildings to make optimal useof energy freely available from the sun, daylight andair currents.

South Pennine Moor - this area forms part of thePennine ‘backbone’ of England and is a dramatic anddistinct upland landscape that stands prominentlyabove the encircling urban centres of GreaterManchester, the Lancashire Valleys and WestYorkshire.This Moor incorporates the South PennineHeritage Area, as identified by SCOSPA.

Special Area of Conservation (SAC) - a site withstatutory protection which is of internationalimportance to biodiversity. Classified under ECDirective on the Conservation of Natural Habitats andof Wild Flora and Fauna.

Special Housing Needs - groups within society orthe community who have particular accommodationrequirements (whether through type of housing,location or facilities within or ancillary to the dwelling)which cannot be met on the general owner-occupiedor rental market. This may include the elderly,physically and mentally handicapped, single parentfamilies, young people and those leaving institutionalcare. The type of housing provided may includesheltered homes, hostels and specially adapteddwellings.

Special Landscape Area (SLA) - those parts of theoutlying areas that are of high visual amenity andenvironmental quality which are given protection toretain their physical landforms, rivers, trees, buildingsand special character.

Special Needs Groups - groups within society or thecommunity which require additional assistance dueto their physical, mental or social condition. Theseinclude people with disabilities, the elderly and singleparent families.

Special Protection Area (SPA) - a site with statutoryprotection of international importance to biodiversity.Classified under EC Directive on the Conservation ofWild Birds.

Statutory Allotments - parcels of land acquired orappropriated by the local authority specifically for useas allotments. They cannot be sold or used for otherpurposes without the consent of the Secretary of Stateunder Section 8 of the Allotment Act (1925).

Street Furniture - a broad term describing featuresand fixtures such as benches, litter bins, raisedplanters.

Supermarket - single level, self-service stores sellingmainly food, with a trading floorspace less than 2,500square metres, often with car parking.

Superstore - single level, self-service stores sellingmainly food, or food and non-food goods, usually withmore than 2,500 square metres trading floorspace,with associated car parking.

Sustainability Appraisal - a process which tests theconsistency and performance of a plan or policyagainst sustainable objectives, for example makingfull use of urban land, protecting and enhancingnatural resources and limiting and reducing pollution.

Sustainable Development - defined by the BruntlandCommission (1987) and quoted in PPS1 as“Development which meets the needs of the present


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without compromising the ability of future generationsto achieve their own needs.” The UK’s strategy forsustainable development “ A Better Quality of Life”was published in 1999 and highlights the need forenvironmental improvement, social progress andeconomic success to go hand in hand.

Surface Water Drainage and Sustainable DrainageSystems (SUDS) - a range of sustainable drainagemanagement systems which mimic natural drainageprocesses rather than using traditional piped methods.These treat surface water near to the source and canreduce flood risk.

Tertiary Mixed-Use Frontages - frontages withinwhich non-retail uses will be allowed up to 50% ofthe length of the frontage, in order to encouragediversity of uses, but also to control the proliferationof non-retail uses.

The English Sports Council (Sport England) - aGovernment-funded body which promotes theknowledge and practice of sport and recreation.

Topography - landforms or surface configuration ofa region.

Tourism - tourist travel and the services connectedwith it.

Town Centre - see Retail Hierarchy.

Town Cramming - the over-intensive developmentof urban areas resulting in the loss of open space,environmental, social and cultural resources and areduction in the quality of the urban environment.

Tree Preservation Orders (TPOs) - statutoryprotection to specific trees, groups of trees andwoodlands of amenity or species value so as toprohibit felling, removal, pruning or damage occurringto them without the prior consent of the local planningauthority.

Unitary Development Plan (UDP) - a single tierDistrict-wide plan based on land use issues at boththe strategic and local level, replacing the former twotier system of Structure and Local Plans. The UDPhas regard to legislation and strategic guidanceissued by Central Government, but is otherwiseprepared by the local planning authority.

Use Classes Order (1987) (as amended2005)(UCO) - which classifies different types of landuse as follows:-

A1 - Shops

A2 - Financial and Professional ServicesA3 - Restaurants and CafesA4 - Drinking EstablishmentsA5 - Hot Food TakeawaysB1- Business (Offices/Light Industry)B2 -General IndustryB8 - Storage and DistributionC1- Hotels and HostelsC2 - Residential InstitutionsC3 - Dwelling HousesD1- Non-Residential InstitutionsD2 - Assembly and LeisureSui Generis (Uses Outside the Definitions of theUse Classes Order) - as listed in Article 3(6)and other uses not specified including:- retailwarehouse clubs, petrol filling stations, theatres,amusement arcades, nightclubs, hostelsfunfairs, launderettes, motor vehicle sales, taxior car hire business, scrapyards, builders' yards,storage and distribution of minerals, or worksregistrable under the Alkali etc WorksRegulations Act (1906).

Vista - an extensive view, especially through a longnarrow avenue of buildings or trees.

Warehousing - buildings used for storage anddistribution as defined by the Town and CountryPlanning (Use Classes) Order 1987 (Class B8).

Washlands - flat areas adjacent to rivers which areset aside to accommodate floodwaters. These areasare identified by the Environment Agency and theyare generally protected from development whichwould prevent them from fulfilling their function.

West Yorkshire Local Transport Plan (WYLTP) -a document prepared jointly by the five Districts ofWest Yorkshire (Bradford, Calderdale, Kirklees, Leedsand Wakefield) and acting as the main focus fortransport planning, programming and funding withinthe county area.

Wetlands - areas of swampy or marshy land,waterlogged on a regular basis for whole or part ofthe year that provide a particular habitat for plantsand animals.

Wildlife Corridor - an area providing linking habitatsfor wildlife through which temporarily displacedspecies may migrate to other less threatened sitesso as to assist in nature conservation within theDistrict, particularly in the urban areas.

Windfarm - a site consisting of groups of windpowered electricity generators.


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Appendix 5 Acronyms and Abbreviations

The following Table provides a list of abbreviations and acronyms used within the Replacement UnitaryDevelopment Plan in order to inform readers.

Table 5.1 Acronyms and Abbreviations

MeaningAcronym Or Abbreviation

Area Around TodmordenAAT

Applied Environmental Research CentreAERC

Asset Management Plan (for schools)AMP

Annual Monitoring ReportAMR

Accessible Natural GreenspaceANG

Area of Outstanding Natural BeautyAONB

All Purpose Trunk RoadAPTR

Air Quality Management AreaAQMA

Bio-Diversity Action PlanBAP

British Geological SurveyBGS

Biodegradable Municipal WasteBMW

British StandardBS

Commission for Architecture and the Built EnvironmentCABE

Closed Circuit TelevisionCCTV

Church of EnglandCE

Combined Heat and PowerCHP

Countryside and Rights of WayCROW

Department for Communities and Local GovernmentDCLG

Department for Environment, Food and Rural AffairsDEFRA

Department of the Environment, Transport and RegionsDETR

Department for Education and SkillsDfES

Department for TransportDfT

Dwellings per HectareDPH / dph

Department for Trade and IndustryDTI

Department of Transport, Local Government and the RegionsDTLR

Environment AgencyEA

Environmental Assessment (EIA)EA

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Education Development PlanEDP

European Economic CommunityEEC

Environmental Impact AssessmentEIA

Energy Technology Support UnitETSU

European UnionEU

GreenfieldGF

Government Office for Yorkshire & the HumberGOYH

General Permitted Development Order (1995)GPDO

Highways AgencyHA

Halifax Bank of ScotlandHBOS

Heritage Education and Access NetworkHEAN

Historic Environment RecordHER

Her MajestyHM

Houses in Multiple OccupationHMO

Her Majesty's Stationery OfficeHMSO

Health and Safety ExecutiveHSE

International Commission on Non-Ionizing Radiation ProtectionICNIRP

Interim Development OrderIDO

Junior and Infants SchoolJ & I

Junior, Infants and Nursery SchoolJ, I & N

Kilo voltKv

Landfill Allowance Trading ScemeLATS

Leeds / Bradford International AirportLBA

Local Development DocumentLDD

Local Development FrameworkLDF

Local Transport PlanLTP

Local Nature ReserveLNR

Local Planning AuthorityLPA

The trading name of the West Yorkshire Passenger Transport ExecutiveMETRO

Minerals Planning GuidanceMPG

Minerals Policy StatementMPS

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Metropolitan Borough CouncilMBC

Mixed-UseMU

Mega WattsMw

National Nature ReserveNNR

National Playing Fields AssociationNPFA

National Radiological Protection BoardNRPB

Office of the Deputy Prime MinisterODPM

Previously Developed LandPDL / pdl

Primary Employment AreaPEA

Private Finance InitiativePFI

Primary Housing AreaPHA

Planning Policy GuidancePPG

Planning Policy StatementPPS

Public Right of WayPRoW

Passenger Transport AuthorityPTA

PhotovoltaicPV

Royal Commission on the Historical Monuments of EnglandRCHME

Radio- FrequencyRF

Regionally Important Geological SitesRIGS

Right of WayROW

Regional Planning GuidanceRPG

Regional Spatial StrategyRSS

Regional Technical Advisory BoardRTAB

Regional Transport StudyRTS

Special Area of ConservationSAC

Standing Conference of South Pennine AuthoritiesSCOSPA

Strategic Environmental AssessmentSEA

Site of Ecological and/or Geological InterestSEGI

Special Landscape AreaSLA

School Organisation PlanSOP

Special Protection AreaSPA

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Supplementary Planning DocumentSPD

Statement of EnvironmentSoE

Single Regeneration BudgetSRB

Statement of Priorities (for school capital expenditure)StOP

Site of Special Scientific InterestSSSI

Sustainable Drainage SystemSUDS

Transport AssessmentTA

Tree Preservation OrderTPO

Urban Capacity StudyUCS

Unitary Development PlanUDP

United KingdomUK

Unplasticized Polyvinyl chlorideuPVC

Voluntarily Controlled SchoolVC

Waste Implementation PlanWIP

West Yorkshire Archaeological Advisory ServiceWYAAS

West Yorkshire Local Transport PlanWYLTP

West Yorkshire Passenger Transport AuthorityWYPTA

West Yorkshire Passenger Transport Executive (METRO)WYPTE

West Yorkshire Retail Capacity Study (1999)WYRCS

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Appendix 6 Policy Topic Index

This index seeks to point readers to relevant UDP policies for specific topics.

The use of the index does not take away the need to consider the whole range of policies, where manycross-references exist, even if not listed. The list is not exhaustive and less important cross-references are notshown.

Table 6.1 Policy Topic Index

Relevant PolicyPolicy Topic

GT1, GT2, GT6, T1, T2, H14,H15, BE8Access / Accessibility

H12Accommodation Above Shops and Business Premises

BE12Advertisements

BE12, BE13Advertisement Hoardings

GH1, H13Affordable Housing (and Low Cost Housing)

GM1, GM2Aggregates (Minerals)

E15, E16Agriculture, Equestrian and Other Animal Based Uses

GEP1, EP1Air Pollution

GEP1, EP2Air Quality Management Plan

OS6, OS7Allotments

BE2, Annex AAmenity Space in New Development

S9Amusement Arcades

BE22Ancient Monuments

NE19Ancient Woodland

BE25Archaeological Interest - assessment

BE22Archaeological Interest - national

BE26Archaeological Interest - recording

BE23Archaeological Interest - regional

BE24Archaeological Interest - sites of value

NE8, NE9, NE10Area Around Todmorden

M4Areas of Search (Minerals)

BE10Art in Public Places

BE9Baby Changing Facilities

T19Bicycle Parking (within new developments)

BE1Boundary Treatment

T12Bridleways

BE1Building Appearance

BE1Building Materials

T2Bus Priority Routes

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T3, T4Bus Stations

NE17Biodiversity Enhancement

E12Camping Sites

T24, NE18, EP15Canals and Rivers

E12Caravan Sites

S14Car Boot Sales

T21Car-free and Low Car Housing Development

T18Car Parking

E17Catteries and Kennels

EP11Cesspools

CF6Cemeteries

CF8Children's Playgroups

EP5, BE7Closed-Circuit Television (CCTV)

M5Coal Extraction

GM1, M5Colliery Spoil Disposal

EP26, EP27Combined Heat and Power Systems

OS8Common Land

GCF3Community Facilities (strategic framework)

WM7, WM8Composting

GT1Congestion

BE18Conservation Areas -development within

BE19Conservation Areas - demolition within

EP9, EP10Contaminated Land

BE4Crime Prevention

EP23Culverts

T13Cycling/Cycleways/Cycle Routes

CF10Dance Studios

EP6, EP7Dangerous Substance Establishments

CF8Daycare Facilities for Children

BE2Daylighting

BE4Defensible Space

BE17Demolition - listed buildings

BE19Demolition - conservation areas

H10Density (Housing)

CF9Dental Surgeries

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GE4, E18Derelict and Degraded Land and Buildings

GBE1, BE1Design

BE2, Annex ADesign - amenity

BE1Design - boundary treatment

BE2, Annex ADesign - daylighting

BE1, H10Design.-.density

EP25Design - energy efficient development

BE1Design - form

BE1Design - height

GT6Design - highways and accesses

BE3Design - landscaping

BE1, BE2, Annex ADesign - layout

GBE1Design - local identity

BE1Design - massing

BE1Design - materials

BE3Design - natural and built features

GT6, BE6Design - pedestrian environments

GBE2Design - piecemeal development

BE2Design - privacy

BE1Design - scale

BE4, BE7Design - security

EP27Design - solar heating systems

BE1Design - siting

CF7, H14Disabled People

E9Distribution Centres (Use Class B8)

T11Disused Railways

CF9Doctors Surgeries

EP23Drainage - culverting of watercourses

EP19Drainage - development outside floodplains

GEP1, EP16, EP17, EP18, EP19,EP20

Drainage - flood risk

EP13Drainage - non-mains

EP14Drainage - protection of ground water

EP22Drainage - sustainable drainage systems

EP21Drainage - watercourse improvements


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NE25Drystone and Natural Stone Walling

see 'Schools'Education

EP28Electricity - renewable energy sources

EP24Electricity - overhead lines

GE1, GE2, E3Employment - amount of employment land

E2Employment - development outside primary employment areas

E4Employment - mixed-use allocations

GE1, GE2, E3Employment - new employment sites

GE1, E6, E7, E8Employment - office and business uses (Use Classes A2, B1)

GE3Employment - non-employment uses on employment sites

E1Employment - Primary Employment Area (PEA)

GE1, GE3, E5Employment - safeguarding land

GE1, E9Employment - storage and distribution (Use Class B8)

GE1, E10, E11, E12Employment - tourism development

GE1, E9Employment - warehousing (Use Class B8)

EP26, EP27Energy - combined Heat and Power Systems (CHP)

EP28Energy - crops

GEP2, EP25, EP27, EP28Energy - efficiency (design)

EP27, EP28Energy - renewable sources

EP27, EP31, EP32Energy - solar heating systems

EP29, EP30, EP33Energy - wind power development

NE13Environmental Impact Assessment

E16Equestrian Development

EP4, EP5, BE7External Lighting

E13, E14Farm Diversification

E14, S5Farm Shops

CF11Fitness Studios

EP18Flood Defences

EP4, EP5Flood Lighting

EP16, EP17Floodland

GEP1, EP16, EP17, EP18, EP19,EP20

Flood Prevention

T12, T20Footpaths

Paragraphs 11.62 - 11.65Forestry

T24Freight Transport


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EP16Functional Floodplain (Washland)

T22Garage Courts (development of)

NE10Gardens in the Area Around Todmorden

NE6Gardens in the Green Belt

S5, E14Garden Centres

GM1, M6Gas

T25Goods Vehicles Operating Centres

CF7Graveyards

NE2Green Belt - alterations and extensions to dwellings

NE1Green Belt - appropriate development within

NE7Green Belt - development in settlements

NE3Green Belt - extensions and alterations to other buildings

NE6Green Belt - gardens

GNE1Green Belt - purpose of

NE5Green Belt - replacement dwellings

NE4, E14Green Belt - re-use of buildings

NE7Green Belt - village envelopes

WM8Green Waste Composting

EP14Groundwater

H17Gypsy Sites

OS10Halifax Branch Canal (former)

S10Halifax Residential Priority Regeneration Area

BE3Hard Landscaping

EP6, EP7Hazardous Installations

CF9Health Centres

NE22Hedgerows

T26Helicopters

BE5Highway Design

GT7, T14, T16Highway Schemes

Paragraph 9.23Highway Agency

BE20, BE21Historic Parks and Gardens

E16Horses

CF9Hospitals

GE1, E10, E11Hotels, Motels and other Visitor Accommodation

S15Hot Food Takeaways


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H14, H15Housing - accessible

GH1, GH2, H5, H6, H7, H8Housing - allocations

H13Housing - affordable (low cost)

H10Housing - density

H14Housing - for disabled

H15Housing - for elderly

H17Housing - gypsies

H4Housing - improvement and re-use of existing dwellings

H15Housing - lifetime homes

H12Housing - living over shops and other business premises

H6Housing - monitoring

H16Housing - multiple occupation

H9Housing - non-allocated sites

H5, H6, H7, H8Housing - phasing

GH1, GH2, H5, H6, H7, H8Housing - provision of additional housing

H2,Housing - primary housing areas

H3Housing - renewal

H1Housing - separation of housing and industry

GH1Housing - strategy

H11, H13, H14, H15Housing - type

H14Housing - visitability standard housing

H9Housing - windfall sites

WM4, WM5Household Waste Disposal Sites

BE12Illuminated Advertisements

GWM1, WM9Incineration

EP7, EP8Incompatible or Hazardous Land Uses

EP17Indicative 1 in 100 Year Floodplain

GCF1, GCF5Infrastructure Development

E17Kennels and Catteries

WM3, WM10Landfill

BE3Landscaping

GS2, S1, CF10Leisure Uses

GCF3Libraries

H15Lifetime Homes

GEP1, EP5Light Pollution


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BE12, BE14Listed Buildings - advertisements

BE14Listed Buildings - alterations

BE16Listed Buildings - change of use

BE17Listed Buildings - demolition of

BE14Listed Buildings - extension

BE15Listed Buildings - setting

S28, BE14Listed Buildings - shopfronts

H12Living Over Shops and Business Premises

NE14Local Nature Reserves

NE14, NE15, NE16, NE17, NE18Locally Important Nature Conservation Sites

GP2, GP3Location of Development (sequential approach)

T23Lorry Routeing and Parking

H13Low Cost Housing (and Affordable Housing)

BE11Masts

GBE1, BE1Materials

M4Minerals - areas of search

GM1, GM2Minerals - aggregate minerals

OS8, M1, M2Minerals - common land

GM1, M1, M2Minerals - criteria for assessing mineral working applications

GM1, M1, M8Minerals - environmental safeguards

M1, M2, M3Minerals - extensions to existing workings

GM1, GM2Minerals - future demand

M6Minerals - oil and gas

M7Minerals - peat extraction

WM3Minerals - reclamation of sites by landfill

GM3, M10Minerals - recycling

M8Minerals - review of mineral working sites

M9Minerals - reworking of deposits

GM3, M10Minerals - secondary aggregates

GM1, GM2Minerals - strategy

GM1, M4Minerals - safeguarding resources

S13, E4Mixed-use development

E11Motels

T13Motorcycling

H16Multiple Occupation


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NE17Nature Conservation - biodiversity enhancement

NE13Nature Conservation - Environmental Impact Assessment

NE14Nature Conservation - local nature reserves

NE13Nature Conservation - national nature reserves

NE14Nature Conservation - priority habitat

NE16Nature Conservation - protected species

GNE1, GNE2, GEP1, GEP2Nature Conservation - protection of the environment (general)

NE14Nature Conservation - Regionally Important Geological orGeomorphological Sites (RIGS)

NE14Nature Conservation - Sites of Ecological or Geological Interest(SEGIs)

Paragraphs 11.41 - 11.42Nature Conservation - Sites of international importance

NE14Nature Conservation - sites of local importance

NE13Nature Conservation - sites of national importance

Paragraphs 11.41 - 11.42Nature Conservation - Special Areas of Conservation (SACs)

NE13Nature Conservation - Sites of Special Scientific Interest (SSSIs)

Paragraphs 11.41 - 11.42Nature Conservation - Special Protection Area (SPAs)

NE18Nature Conservation - water areas

NE15Nature Conservation - wildlife corridors

NE23Natural Stone and Drystone Walls

T24, OS9,EP15Navigable Waterways and Canals

GP4, GE4,E18Neglected Land and Buildings

CF10Nightclubs

GEP1, EP3, EP4Noise Pollution

H1, EP3, EP6, EP7, EP8Non-conforming Uses

EP13Non-mains Drainage

CF8Nurseries (childcare)

CF7Nursing Homes

S11Office Amenity Space

GE1, E6, E7,E8, S11Offices (B1 and A2)

GM1, M6Oil

OS6, OS7Open Space - allotments

GOS2Open Space - assessment and audit

OS8Open Space - common land

GOS1, OS1, OS3Open Space - protected open spaces

GOS1, GCF1,OS2, OS4, OS5Open Space - provision


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OS5Open Space - provision in residential development

GOS1,OS1, OS2,OS3, OS4, OS5Open Space - sports ground and playing fields

OS9Open Space - waterways and open water

H12Over-the-shop Living

EP24, EP33Overhead Electricity Power Lines

T18Parking - bicycle

T19Parking - car

T20Parking - motorcycle, moped, scooter

EP31, EP32Passive Solar Design

BE3Paving Materials

M7Peat Extraction

GT6, T16, BE6, BE7Pedestrians /Pedestrianisation

EP32Photovoltaic Technology

E22Piece Hall (Halifax)

GBE2Piecemeal Development

GCF1Planning Obligations

OS3, OS4,OS5Play Areas

GOS1, GOS2, OS1, OS2, OS3, OS4,OS5

Playing Fields

BE4Police Architectural Liaison Officer

GEP1Pollution Control

EP1, EP2Pollution Control - air

EP9, EP10, EP11Pollution Control - contaminated land

EP14Pollution Control - groundwater

EP6, EP7Pollution Control - hazardous installations

EP5, BE7Pollution Control - light

EP3,EP4Pollution Control - noise

EP13Pollution Control - non-mains drainage

EP12Pollution Control - rivers

CF5Post Offices

see 'Energy'Power Generation (see 'Energy')

E1Primary Employment Areas (PEAs)

H2Primary Housing Areas (PHAs)

S6Primary Shopping Frontages

NE14Priority Habitat


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Paragraph 11.34Prisons

BE1,BE2Privacy

BE2Private Amenity Space

T7, T8Private Hire Vehicles

NE11Protected Land

NE16Protected Wildlife Species

BE10Public Art

BE8, BE9Public Buildings (accessibility to)

see 'Open Space'Public Open Space

T2, T10, T11, T12Public Rights of Way

GT1, T2,T3Public Transportation

BE1Public Views and Vistas

GT2, T3, T4, T5, T11Rail Facilities

GM3, WM4, M10Recycling (Waste and Minerals)

WM6Refuse Storage

GP4, GE4, E18, E19, E20, E21Regeneration and Renaissance (promotion of)

E20, E21Regeneration Action Area (Sowerby Bridge to Copley)

NE14Regionally Important Geological or Geomorphological sites (RIGS)

OS8Registered Rural Commons

OS8Registered Urban Commons

GEP2, EP26,EP27, EP28, EP29, EP33Renewable Energy in Development

H3Renewal Areas (Housing)

NE5Replacement Dwelling (in the Green Belt)

S12Residential Amenity Area (Halifax)

CF7Residential Homes

see 'Shopping'Retailing

NE4Re-use of Buildings (in the Green Belt)

M8Review of Minerals Permission

T10,T11, T12Rights of Way

OS9, EP12, EP15, T24Rivers and Canals

E13Rural Diversification

E15Safeguarding Better Quality Agricultural Land

BE6, T16Safe Pedestrian Environments

BE11Satellite Antennae/Dishes

BE22Scheduled Ancient Monuments


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GCF2, GCF3, GCF4, CF1, CF2Schools

CF3Schools - community use of school facilities

GCF5Schools - education infrastructure programmes

GCF4Schools - matching school facilities to education needs

CF2Schools - new schools

CF1Schools - schools and housing

CF4Schools - surplus educational land and buildings

S7Secondary Shopping Frontages

BE4, BE7Security (Design)

EP13, EP14Sewage Treatment

NE21Shade Cast (by trees)

GS1, GS2, GS3, S2Shopping/Shops

S14Shopping/Shops - car boot sales

S2, S3, S4, S5, S6, S7, S8, S9Shopping/Shops - change of use

S2Shopping/Shops - criteria for assessment

BE8, BE9, S16Shopping/Shops - disabled access

S2, S4, S5Shopping/Shops - farm shops

S6, S7, S8Shopping/Shops - frontages (primary, secondary and tertiarymixed-use)

S5Shopping/Shops - garden centres

S4Shopping/Shops - green belt/open countryside

S10, S11, S12, S13Shopping/Shops - Halifax town centre

GS2, S1Shopping/Shops - hierarchy

S15Shopping/Shops - hot food takeaways

GS2,S1, S2Shopping/Shops - key town centre retail and leisure uses

CF5, S2, S3, S9Shopping/Shops - local shopping

S13Shopping/Shops - mixed-use day and night business area (Halifax)

S5, S6,S7,S8,S9Shopping/Shops - non-retail uses

GS1, GS2, GS3Shopping/Shops - objectives

GS2, S1, S2, S3, S4Shopping/Shops - out of town

S6Shopping/Shops - Primary shopping frontages

S12Shopping/Shops - residential amenity area (Halifax)

S7Shopping/Shops - Secondary shopping frontages

GS2, S1, S2Shopping/Shops - sequential approach

S16,S17Shopping/Shops - shop fronts


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GS1Shopping/Shops - strategy

S14Shopping/Shops - temporary retailing

S8Shopping/Shops - tertiary mixed-use frontages

BE22, BE23, BE24, BE25, BE26Sites of Archaeological Interest

NE14Sites of Ecological or Geological Interest (SEGIs)

Paragraphs 11.41 - 11.42Sites of International Nature Conservation Importance

NE13Sites of Special Scientific Interest

BE1Skyline

CF10Snooker Halls

S1, CF10Social Entertainment and Arts Centres

GBE1, BE1, BE3Soft Landscaping

GEP2, EP31, EP32Solar Heating Systems

E21Sowerby Bridge Canal Wharf

BE2, Annex ASpace about Dwellings

Paragraphs 11.41 - 11.42Special Areas of Conservation (SACs)

NE12Special Landscape Area (SLAs)

CF7Special Needs Groups

Paragraphs 11.41 - 11.42Special Protection Area

GSO1, OS1, OS2, OS3, OS4, OS5Sport/Sports Grounds, Playing Fields and Facilities

GCF2Statutory Undertakers

BE3Stone Setts

NE23, BE3Stone Walls

E9Storage, Warehousing and Distribution (Use Class B8)

GT3Strategic Road Network

BE8Street access and accessibility

BE3, BE5Street furniture

BE4, BE7Street lighting

BE3, BE5Street paving

BE6, T16Street pedestrianisation

EP11Subsidence

CF9Surgeries

GEP2, GP1, GP2, GP3, EP25, EP27Sustainability

EP22Sustainable Drainage Systems

S1, OS4, CF10Swimming Pools

S15Takeaways


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T7, T8Taxis (and Private Hire Vehicles)

BE11Telecommunications

S8Tertiary Mixed-use Shopping Frontage

see 'Waste'Tipping

NE8Todmorden (The Area Around) - appropriate development

NE9Todmorden (The Area Around )- development within settlements

NE10Todmorden (The Area Around) - garden extensions

NE9Todmorden (The Area Around) - village envelopes

GE1, E10, E11, E12Tourism Development

GBE1, BE1, BE3Townscape

E15Towpaths

T17Transport - abandoned highway proposals

T27Transport - aerodrome safeguarding

GT5Transport assessments

T10, T11, T12Transport - bridleways

T21Transport - car free and low car housing development

GT1, GT2, GT3, T13Transport - cycling

T10, T11, T12Transport - footpaths

GT4, T23, T24Transport - freight

T22Transport - garage courts (development of)

T25Transport - goods vehicle operation centres

T26Transport - helicopters

GT4Transport - hierarchy of consideration

BE5Transport - highway design

GT6Transport - highway improvements associated with development

GT7Transport - highway schemes

GT1,T5Transport - integrated transport system

T5Transport - interchanges

GT2Transport - investment priorities

T9Transport - mobility

T6Transport - park and ride

T18Transport - parking (car)

T19Transport - parking (bicycle)

T20Transport - parking (motorcycling)

T15Transport - parking (on street controls)


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T4Transport - passenger facilities

GT4, GT6, T16, BE6Transport - pedestrian environments

GT2, GT2, T2Transport - priorities

GT1,GT2, GT4, T1,T2, T3, T4, T9,CF1

Transport - public transport

T10, T11,T12Transport - rights of way

T6Transport - Rural Service Centres

GT1Transport - safe and efficient system

T9Transport - socially inclusive

GT3, GT7Transport - strategic road network

T7, T8Transport - taxis and private hire vehicles

T14Transport - traffic management systems

T1Transport - travel plans

NE19Trees/Woodland - ancient woodland

Paragraph 11.68Trees/Woodland - energy crops

NE22Trees/Woodland - hedgerows

NE21, Annex BTrees/Woodland - locations

NE20, NE21, BE1, Annex BTrees/Woodland - on/adjacent to development sites

NE21, Annex BTrees/Woodland - planting

NE21, Annex BTrees/Woodland - shade cast

NE20Trees/Woodland - tree preservation orders

NE21, Annex BTrees/Woodland - tree survey

EP11Unstable Land

E19Upper Calder Valley Renaissance

OS8Urban Commons

CF10Urban Entertainment Facilities

BE1Views and Vistas

NE7Village Envelopes - within the Green Belt

NE9Village Envelopes - within the Area Around Todmorden

S3, CF5Village Shops

BE1, BE3Walling Materials

GE1, E9Warehousing (Use Class B8)

EP16, EP17, EP18Washlands

WM7Waste Management - anaerobic digestion and composting

WM1Waste Management - criteria for assessing waste managementfacilities


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WM7, WM8Waste Management - green waste composting

GMW1, GMW2Waste Management - hierarchy

WM5Waste Management - household waste disposal

WM9Waste Management - incineration

WM2Waste Management - information required as part of applications forwaste management facilities

WM3Waste Management - landfilling of waste

GMW1, GMW2, WM1, WM2Waste Management - new waste facilities

WM4, WM5, WM6Waste Management - recycling

WM10Waste Management - reworking of former landfill sites

GMW1Waste Management - strategy

WM1, WM2, WM3, WM5, WM6Waste Management - transfer stations

EP15, T24Water Environments - canal and rivers

GEP1, EP16, EP17, EP18,EP19, EP20Water Environments - drainage and flood prevention

NE18, EP12Water Environments - ecological protection of supply

EP16, EP17, EP18Water Environments - washlands and floodplains

EP12Water Environments - water resources

EP12,EP15, OS9, T24,Water Environments - waterways and open water

NE15Wildlife Corridors

BE1, NE13, NE14, NE15Wildlife Habitats

GEP2, EP29, EP30Windpower Developments

BE2, Annex AWindows (Privacy)

NE19Woodland


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Appendix 7 Policy Number Comparison

This table has been prepared to provide a comparison between Policy numbers formerly used within the RevisedDeposit Replacement Calderdale UDP (March 2004) and this published version of the Adopted ReplacementCalderdale UDP (August 2006) in order to inform readers.

The changes have occurred as a result of additions, deletions and revisions to policies through the variousstages of plan preparation and the final document has been edited to provide a clear through numberedsequence.

Table 7.1 Policy Number Comparison

Replacement UDP(2006)

Policy Numbers AsAdopted

POLICY TITLE

Revised Deposit UDP(2004)

Draft Policy Number

PART ONE POLICIES

PART ONE PRINCIPLES POLICIES

GP1ENCOURAGING SUSTAINABLE DEVELOPMENTGP1

GP2LOCATION OF DEVELOPMENTGP2

GP3DEVELOPMENT OUTSIDE URBAN AREASGP3

GP4PROMOTION OF URBAN AND RURALREGENERATION AND RENAISSANCE

GP4

PART ONE EMPLOYMENT POLICIES

GE1MEETING THE ECONOMIC NEEDS OF THE DISTRICTGE1

GE2PROVISION OF EMPLOYMENT LANDGE2

GE3THE DEVELOPMENT OF EMPLOYMENT SITES FORNON EMPLOYMENT USES

GE3

GE4PRIORITIES FOR THE RECLAMATION ANDRESTORATION OF DERELICT LAND AND BUILDINGS

GE4

PART ONE HOUSING POLICIES

GH1MEETING CALDERDALE’S HOUSING NEEDSGH1

GH2PROVISION OF ADDITIONAL DWELLINGSGH2

PART ONE RETAILING AND TOWN CENTRES POLICIES

GS1RETAIL STRATEGYGS1

GS2THE LOCATION OF RETAIL AND KEY TOWN CENTREAND LEISURE USES

GS2

GS3SCALE OF RETAIL PROPOSALSGS3

Policy Number Comparison304

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POLICY TITLE


Draft Policy Number

PART ONE OPEN SPACE POLICIES

GOS1THE PROTECTION AND ENHANCEMENT OF OPENSPACE, SPORTS AND RECREATION FACILITIES

GOS1

GOS2AUDIT AND ASSESSMENT OF OPEN SPACE, SPORTAND RECREATION FACILITIES AND NEEDS

GOS1A

PART ONE BUILT AND HISTORIC ENVIRONMENT POLICIES

GBE1THE CONTRIBUTION OF DESIGN TO THE QUALITYOF THE BUILT ENVIRONMENT

GBE1

GBE2PIECEMEAL DEVELOPMENTGBE2

PART ONE TRANSPORT POLICIES

GT1PROVISION OF A SUSTAINABLE, SAFE ANDEFFICIENT TRANSPORT SYSTEM

GT1

GT2PRIORITIES FOR TRANSPORT INVESTMENTGT2

GT3STRATEGIC ROAD NETWORKGT3

GT4HIERARCHY OF CONSIDERATIONGT4

GT5TRANSPORT ASSESSMENTSGT5

GT6HIGHWAY AND PEDESTRIAN IMPROVEMENTSASSOCIATED WITH DEVELOPMENT

GT6

GT7HIGHWAYS PROPOSALSGT7

PART ONE INFRASTRUCTURE, EDUCATION AND COMMUNITY FACILITIES POLICIES

GCF1INFRASTRUCTURE AND OTHER NEEDS ARISINGFROM DEVELOPMENT

GCF1

GCF2DEVELOPMENT ENABLING STATUTORYUNDERTAKERS

GCF1A

GCF3STRATEGIC FRAMEWORK FOR COMMUNITYFACILITIES

GCF2

GCF4MATCHING SCHOOL FACILITIES TO EDUCATIONALNEEDS

GCF3

GCF5CRITERIA FOR PREPARING EDUCATIONINFRASTRUCTURE PROGRAMMES

GCF4

PART ONE NATURAL ENVIRONMENT POLICIES

GNE1CONTAINMENT OF THE URBAN AREAGNE1

GNE2PROTECTION OF THE ENVIRONMENTGNE2


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POLICY TITLE


Draft Policy Number

PART ONE ENVIRONMENTAL PROTECTION POLICIES

GEP1PROTECTION OF ENVIRONMENTAL QUALITYGEP1

GEP2MANAGEMENT AND CONSERVATION OF NATURALRESOURCES

GEP2

PART ONE MINERALS POLICIES

GM1MINERALS STRATEGYGM1

GM2AGGREGATE MINERALSGM2

GM3RECYCLINGGM4

PART ONE WASTE MANAGEMENT POLICIES

GWM1WASTE STRATEGYGWM1

GWM2NEW WASTE FACILITIESGWM2

PART TWO POLICIES

PART TWO EMPLOYMENT POLICIES

E1Primary Employment AreasE1

E2Employment Development outside the PrimaryEmployment Areas

E2

E3Sites Allocated for Employment UseE3

E4Sites Allocated for Mixed-UseE4

E5Safeguarding Employment Land and BuildingsE5

E6A2 (Financial and Professional Services) OfficeDevelopment.

E7A

E7Sequential Approach for Major B1 Office DevelopmentE8A

E8Criteria for Assessing Major Office B1 DevelopmentE8B

E9WarehousingE9

E10Tourism DevelopmentE10

E11Hotels, Motels and Other Visitor AccommodationE11

E12Caravan and Camping SitesE12

E13Encouraging Rural DiversificationE13A

E14The Conversion and Adaptation of Rural Buildings forCommercial or Business Uses

E13B


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POLICY TITLE


Draft Policy Number

E15The Safeguarding of Better Quality Agricultural LandE14

DELETEDThe Development of Agricultural LandE15

E16Agricultural and Equestrian DevelopmentE16

E17Dog and Cat Boarding/Breeding FacilitiesE17

E18The Reclamation and Restoration of Derelict Land andBuildings

E18

E19Regeneration Priority Areas in the Upper Calder ValleyE18A

E20Regeneration Action Area: Sowerby Bridge CopleyValley

N/A

E21Sowerby Bridge Canal WharfE19

E22The Piece HallE20

PART TWO HOUSING POLICIES

H1Separation of Housing and IndustryH1

H2Primary Housing AreasH2

H3Housing RenewalH3

H4Improvement and Re-use of Existing DwellingsH4

H5Phase 1 Housing AllocationsH5

H6Monitoring of Housing DevelopmentsH6

H7Phase 2 Housing AllocationsH7

H8Phase 3 Housing AllocationsH7A

DELETEDLower Edge Quarry, RastickH7B

H9Non-Allocated SitesH8

H10Density of Housing DevelopmentsH9

H11Mix of Housing TypesH10

H12Living Over Shops and Business PremisesH11

H13Affordable HousingH12

H14Provision of Visitability Standard HousingH13

H15Lifetime HomesH14

H16Houses In Multiple OccupationH15

H17Gypsy SitesH16


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PART TWO RETAILING AND TOWN CENTRES POLICIES

S1Sequential Approach for Retail and other Key TownCentre or Leisure Uses

S1

S2Criteria for Assessing Retail DevelopmentsS2

S3Local Shopping Outside CentresS3

S4Retail Developments in the Green BeltS4

S5Farm Shops and Nursery GardensS5

S6Primary Shopping FrontagesS6

S7Secondary Shopping FrontagesS7

S8Tertiary Mixed-Use FrontageS8

S9Non-Retail Uses in Smaller and Local CentresS9

S10Halifax Residential Priority Regeneration AreaS9A

S11Halifax Office Amenity AreaS10

S12Halifax Residential Amenity AreaS11

S13Halifax, Mixed-Use Day and Night Business AreaS12

S14Temporary Retailing and Car Boot SalesS13

S15Hot Food TakeawaysS14

S16Shop Fronts in New Retail DevelopmentsS15

S17New and Replacement Shop FrontsS16

PART TWO OPEN SPACE POLICIES

OS1Protected Open SpacesOS1

OS2The Provision of Open Space in Areas of DeficiencyOS2

OS3The Safeguarding of Sports Grounds and Playing FieldsOS3

OS4The Provision of Sports and Recreation FacilitiesOS4

OS5The Provision of Recreational Open Space in ResidentialDevelopment

OS5

OS6The Safeguarding of AllotmentsOS6

OS7The Provision of Allotment SitesOS7

OS8Development Within or at the Edge of Common LandOS8

OS9The Recreational Use of Waterways and Open WaterOS9


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OS10Former Halifax Branch CanalOS10

PART TWO BUILT AND ENVIRONMENT AND HISTORIC ENVIRONMENT POLICIES

BE1General Design CriteriaBE1

BE2Privacy, Daylighting and Amenity SpaceBE2

BE3LandscapingBE4

BE4Safety and Security ConsiderationsBE5

BE5The Design and Layout of Highways and AccessesBE6

BE6The Provision of Safe Pedestrian EnvironmentsBE7

BE7CCTV and Area Lighting SchemesBE9

BE8Access for AllBE10

BE9The Provision of Public Conveniences and BabyFacilities

BE11

BE10Art in Public PlacesBE12

BE11TelecommunicationsBE13

BE12AdvertisementsBE14

BE13Advertisement HoardingsBE15

BE14Alteration and Extension of Listed BuildingsBE16

BE15Setting of a Listed BuildingBE17

BE16Change of Use of a Listed BuildingBE18

BE17Demolition of a Listed BuildingBE19

BE18Development within Conservation AreasBE20

BE19Demolition within a Conservation AreaBE21

BE20Protection of Registered Historic Parks and GardensBE22

BE21Protection of Locally Designated Historic Parks andGardens

BE22A

BE22Archaeological Sites of National SignificanceBE23

BE23Archaeological Sites of Regional ImportanceBE24

BE24Protection of Sites of Archaeological ValueBE25

BE25Archaeological AssessmentBE26

BE26Archaeological RecordingBE27


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PART TWO TRANSPORT POLICIES

T1Travel PlansT1

T2Bus Priority MeasuresT2

T3Public Transport Provision at New DevelopmentT3

T4Bus Station and Passenger Facilities at Brighouse,Elland and other Locations

T4

T5Transport Interchanges and Park & RideT4A

T6Rural Service CentresT4B

T7Private Hire Operating CentresT5

T8Taxi and Private Hire Radio OfficesT6

T9Socially Inclusive Transport NetworkT7

T10Safeguarding Public Rights of WayT8

T11Protection of the Sites of Former Railway LinesT9

T12Applications Affecting Public Rights of WayT10

T13CyclewaysT11

T14Traffic Management SchemesT12

T15On-Street Parking ControlsT13

T16New and Extended Pedestrian Priority SchemesT14

T17Abandoned Highway ProposalsT15

T18Maximum Parking AllowancesT16

T19Bicycle Parking GuidanceT17A

T20Motorcycle/Moped/Scooter Parking GuidanceT17B

T21Car Free and Low Car Ownership HousingT18

T22Development of Garage CourtsT19

T23Lorry Routeing, Parking and SigningT20

T24Use of Waterways and Railways for Freight MovementT21

T25Goods Vehicle Operating CentresT22

T26Helicopter Landing FacilitiesT23

T27Safeguarding Aerodromes and Air Traffic Technical SitesT24


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PART TWO INFRASTRUCTURE, EDUCATION AND COMMUNITY FACILITIES POLICIES

CF1Co-ordination of Schools and HousingCF1

CF2New Schools and Other School Related ProposalsCF2

CF3Use of Schools for Community PurposesCF4

CF4Release of Surplus Educational Land and BuildingsCF5

CF5Development Involving the Loss of Village Shops, PostOffices, Public Houses or Hotels

CF6

CF6CemeteriesCF7

CF7Collective Needs Accommodation andResidential/Nursing Homes

CF8

CF8Day Care Facilities for ChildrenCF9

CF9Medical, Dental or Health FacilitiesCF10

CF10Major Leisure/Entertainment UsesCF11

DELETEDUses Near Places of WorshipCF12

PART TWO NATURAL ENVIRONMENT POLICIES

NE1Development within the Green BeltNE1

NE2Extensions and Alterations to Dwellings in the GreenBelt

NE2

NE3Extension and Alteration to Other Buildings in the GreenBelt

NE2

NE4Conversion or Change of Use of Buildings in the GreenBelt

NE3

NE5Replacement Dwellings in the Green BeltNE4

NE6New Gardens in the Green BeltNE5

NE7Development Within The Named Village Envelopes inthe Green Belt

NE6

DELETEDRedevelopment Proposals in the Green BeltNE6A

NE8Appropriate Development for the Area AroundTodmorden

NE7

NE9Development Within Settlements in the Area AroundTodmorden

NE8

NE10Garden Extensions Within the Area Around TodmordenNE9


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NE11Protected LandNE10

NE12Development Within the Special Landscape AreaNE11

DELETEDProtection of Sites of International ImportanceNE12

NE13Protection of Sites of National ImportanceNE13

NE14Protection of Locally Important SitesNE14

NE15Development in Wildlife CorridorsNE15

NE16Protection of Protected SpeciesNE16

NE17Biodiversity EnhancementNE17

NE18Ecological Protection of Water AreasNE18

DELETEDProtection of Uncultivated Land or Semi-Natural AreasNE19

DELETEDProtection and Planting of Woodlands and TreesNE20

NE19Protection of Ancient WoodlandNE21

NE20Tree Preservation OrdersNE22

NE21Trees and Development SitesNE23

NE22Protection of HedgerowsNE24

NE23Protection of Stone WallsNE25

PART TWO ENVIRONMENTAL PROTECTION POLICIES

EP1Protection of Air QualityEP1

EP2Development within an Air Quality Management AreaEP2

EP3Noise Generating DevelopmentEP3

EP4Protection from Existing NoiseEP4

EP5Control of External LightingEP5

EP6Dangerous Substance EstablishmentsEP6A

EP7New or Extended Dangerous Substance EstablishmentsEP6B

EP8Other Incompatible UsesEP6C

EP9Development of Contaminated SitesEP7

EP10Development of Sites with Potential ContaminationEP8

EP11Development on Potentially Unstable LandEP9

EP12Protection of Water ResourcesEP10


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EP13Development Involving Non-Mains DrainageEP11

EP14Protection of GroundwaterEP12

EP15Development Alongside WaterwaysEP13

EP16Protection of Washland and Functional FloodplainEP14

EP17Protection of Indicative FloodplainEP15

EP18Development Behind Flood DefencesEP16

EP19Development Outside FloodplainsEP17

EP20Protection from Flood RiskEP18

EP21Developments Involving Watercourse ImprovementsEP19

EP22Sustainable Drainage SystemsEP20

EP23Culverting of WatercoursesEP21

EP24Control of Overhead Electricity LinesEP22

EP25Energy Efficient DevelopmentEP22A

EP26Encouraging the Use of Combined Heat and PowerSystems

EP23

EP27Renewable Energy in DevelopmentsEP23A

EP28Development of Renewable Energy SourcesEP24

EP29Developments Close to Renewable Energy InstallationsEP25

EP30Wind Power DevelopmentsEP26

EP31Development Incorporating Solar Heating and PowerSystems

EP27

EP32Protection of Solar Heating, Photovoltaic Panel andPassive Solar Design Developments

EP28

EP33Renewable Power GenerationEP29

PART TWO MINERALS POLICIES

M1Criteria for Assessing All Mineral Working ProposalsM1

M2Details Required with any Minerals Planning ApplicationM2

M3Extensions to Existing WorkingsM3

M4Safeguarding Mineral ResourcesM4

M5Coal Extraction and Colliery Spoil DisposalM5


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M6Oil and GasM6

M7PeatM7

DELETEDReclamation of Mineral Working Sites by LandfillM8

M8Review of Mineral Working SitesM9

M9Re-working of Mineral DepositsM10

M10RecyclingM11

PART TWO WASTE MANAGEMENT POLICIES

WM1Criteria for Assessing Waste Management FacilitiesWM1

WM2Information Required with Applications for WasteManagement Facilities

WM2

WM3Landfilling of WastesWM4

WM4Recycling at Existing Household Waste Disposal SitesWM5

WM5Provision of Household Waste Disposal SitesWM6

WM6Transfer and Treatment of WasteWM7

WM7Digestion and Mixed Waste CompostingWM8

WM8Green Waste CompostingWM9

WM9IncinerationWM10

WM10Reworking of Former Landfill SitesWM11


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315Supplementary Maps

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Appendix 8 Supplementary Maps

Indicative Floodplains

MAPS 1 and 2:

INDICATIVE (1 IN 100 YEAR) FLOODPLAIN MAPS

8.1 The indicative floodplain maps show the broad extent of areas of high flood risk and should be used onlyas a guide for developers. These areas are subject to continual change and could be more or less extensivethan indicated. Up-to-date maps can be viewed at Planning Services, Northgate House, Halifax or on theEnvironment Agency’s website – www.environment-agency.gov.uk . For more detailed information and advice,developers should contact the Environment Agency on 0113 2440191.

Supplementary Maps316

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http://www.environment-agency.gov.uk

Picture 8.1 Upper Valley Indicative Floodplain


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Picture 8.2 Lower Valley Indicative Floodplain


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Calderdale Retail Hierarchy : Location of Centres

MAP 3:

CALDERDALE RETAIL HIERARCHY: LOCATION OF CENTRES

8.2 The retail hierarchy map gives an indication of the distribution of the shopping facilities that are namedin Table 6.1 of Section 6 within the Reasoned Justification. It is not exhaustive or comprehensive and does notshow every small group of shops or convenience stores within the District, or the out-of-centresupermarkets/superstores and retail warehouses, collectively known as ‘Other Retail Locations’, as these areshown on the Proposals Map.

Picture 8.3 Retail Hierachy within Calderdale


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