BMSDC Joint Local Plan - Pre-Submission Reg19 (interactive) 2020
Accessible and adaptable dwellings
Accessible and adaptable dwellings were introduced by the Government through revisions to the Building Regulations in 2015, as one of a suite of 'optional' standards that can be required through planning policy. Part M4(2) of the Building Regulations sets out the specifications for accessible and adaptable dwellings.
Affordable housing is defined in the National Planning Policy Framework (2019) as:
"housing for sale or rent, for those whose needs are not met by the market (including housing that provides a subsidised route to home ownership and/or is for essential local workers); and which complies with one or more of the following definitions:
- Affordable housing for rent: meets all of the following conditions: (a) the rent is set in accordance with the Government's rent policy for Social Rent or Affordable Rent, or is at least 20% below local market rents (including service charges where applicable); (b) the landlord is a registered provider, except where it is included as part of a Build to Rent scheme (in which case the landlord need not be a registered provider); and (c) it includes provisions to remain at an affordable price for future eligible households, or for the subsidy to be recycled for alternative affordable housing provision. For Build to Rent schemes affordable housing for rent is expected to be the normal form of affordable housing provision (and, in this context, is known as Affordable Private Rent).
- Starter homes: is as specified in Sections 2 and 3 of the Housing and Planning Act 2016 and any secondary legislation made under these sections. The definition of a starter home should reflect the meaning set out in statute and any such secondary legislation at the time of plan-preparation or decision-making. Where secondary legislation has the effect of limiting a household's eligibility to purchase a starter home to those with a particular maximum level of household income, those restrictions should be used.
- Discounted market sales housing: is that sold at a discount of at least 20% below local market value. Eligibility is determined with regard to local incomes and local house prices. Provisions should be in place to ensure housing remains at a discount for future eligible households.
- Other affordable routes to home ownership: is housing provided for sale that provides a route to ownership for those who could not achieve home ownership through the market. It includes shared ownership, relevant equity loans, other low cost homes for sale (at a price equivalent to at least 20% below local market value) and rent to buy (which includes a period of intermediate rent). Where public grant funding is provided, there should be provisions for the homes to remain at an affordable price for future eligible households, or for any receipts to be recycled for alternative affordable housing provision, or refunded to Government or the relevant authority specified in the funding agreement."
Area of Outstanding Natural Beauty
An Area of Outstanding Natural Beauty (AONB) is designated by Natural England. The purpose of designation is to conserve and enhance the natural beauty of the area.
BREEAM is a method of assessing the sustainability of new non-residential buildings and conversions of existing buildings. Buildings are assessed against a number of sustainability criteria including energy, water use, waste management and procurement, and can be awarded one of six – unclassified, pass, good, very good, excellent or outstanding. A BREEAM assessment can be carried out at the design stage.
Building for Life
Building for Life is a Government-endorsed tool for assessing the design quality of neighbourhoods and homes, and the latest version is Building for Life 12. To achieve Built for Life accreditation, using a traffic light approach a development must score 9 'greens' from a set of 12 questions which revolve around 'integration into the neighbourhood', 'creating a place' and 'street and home'.
Building Regulations are set by the Government through 'Approved Documents' and cover the construction and alterations to Buildings. Whilst Building Regulations approval is separate to planning permission, planning policies can require certain 'optional' (higher specification) Building Regulations to be applied.
Community Infrastructure Levy
The Community Infrastructure Levy (CIL) was introduced in legislation in 2010 and enables planning authorities to set a 'levy' on new development in order to secure the infrastructure needed. Babergh and Mid Suffolk District Councils adopted CIL in 2016. The Charging Schedules set out the rate of CIL that will be charged for different types of development, dependant upon location. The broad categories of infrastructure that CIL will be spent on are set out by the Councils in their Regulation 123 List.
Facilities, services and infrastructure that can be easily accessible and used by the community
County Geodiversity Sites
Geodiversity is defined by the NPPF as the range of rocks, minerals, fossils and landforms. County Geodiversity Sites (CGS) are non-statutory designations identified for their geological interest.
County Wildlife Sites
County Wildlife Sites are identified by the County Wildlife Site Panel. They are a non-statutory designation, with protection afforded through the planning system and via approaches to land management.
The Self-build and Custom Housebuilding Act 2015 requires authorities to keep a register of individuals and associations of individuals who are seeking to acquire serviced plots of land in the authority's area in order to build houses for those individuals to occupy as homes. Through the Plan the Councils have the opportunity to set out what constitutes a custom build house for the purposes of planning.
The Development Plan comprises any Development Plan Documents that have been adopted in relation to the area.
The Development plan also includes adopted Minerals and Waste plans, which are produced by SCC. Section 38(6) of the Planning and Compulsory Purchase Act 2004 states that decisions 'must be taken in accordance with the Development Plan unless material considerations indicate otherwise'. Once adopted, the Joint Local Plan will be the Development Plan for Babergh and Mid Suffolk, alongside 'made' Neighbourhood Plans.
Duty to Co-operate
The Duty to Co-operate was introduced through the Localism Act 2011. It places a duty on local planning authorities to co-operate with other specified bodies in relation to strategic matters.
East of England Forecasting Model
The East of England Forecasting Model (EEFM) is managed by Cambridgeshire Econometricsand Cambridgeshire County Council, on behalf of local authorities across the East of England. The model provides jobs forecasts and associated demographic and housing forecasts. The latest EEFM run was published in August 2016.
Edge of Centre
Edge of Centre is defined for retail purposes in the National Planning Policy Framework as being a location which is well connected and up to 300m from the Primary Shopping Area. For office development, this includes locations outside the town centre but within 500 metres of a public transport interchange. In determining whether a site falls within the definition of edge of centre, account should be taken of local circumstances.
Employment Land Needs Assessment
The Employment Land Needs Assessment (ELNA) was commissioned by Babergh and Mid Suffolk District Councils along with Ipswich Borough Council, Suffolk Coastal District Council and Waveney District Council to define the Functional Economic Area and identify the qualitative and quantitative need for employment land across the Districts. The ELNA was based upon the 2015 East of England Forecasting Model jobs forecasts and was published in 2016.
Employment Land Supply Assessment
The Employment Land Supply Assessment (ELSA) was commissioned by Babergh and Mid Suffolk District Councils along with Ipswich Borough Council and Suffolk Coastal District Council (now part of East Suffolk) to assess the sites that were put forward for employment uses as part of the call for sites process.
In relation to flood risk, in instances where the sequential test has been followed but it is not possible to locate development in an area of lower flood risk, the Exception Test may be applied. For the Exception Test to be passed it must be demonstrated that the development provides wider sustainability benefits to the community that outweigh flood risk, informed by a Strategic Flood Risk Assessment where one has been prepared; and a site-specific flood risk assessment must demonstrate that the development will be safe for its lifetime taking account of the vulnerability of tis users, without increasing flood risk elsewhere and where possible will reduce flood risk overall.
Functional Economic Area
The Functional Economic Area is established in the Employment Land Needs Assessment. It is based upon analysis of travel to work areas, housing market areas and commercial property market areas. Babergh and Mid Suffolk sit within the Ipswich Functional Economic Area along with Ipswich and Suffolk Coastal.
Green Infrastructure is defined by the NPPF as a network of multi-functional green space, urban and rural, which is capable of delivering a wide range of environmental and quality of life benefits for local communities.
Habitats Regulations Assessment
A Habitats Regulations Assessment is an assessment carried out under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora). The Directive requires that any plan or project not directly connected with or necessary to the management of a European protected site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. As part of the production of the Plan a Habitats Regulations Assessment has been carried out.
Haven Gateway / Haven Gateway Partnership
Babergh and Mid Suffolk District Councils are both part of the Haven Gateway Partnership. The Partnership provides a framework through which to promote the Haven Gateway sub-region, which is centred around the Ports of Felixstowe and Harwich.
A houseboat is defined for the purposes of VAT as being a floating decked structure which:
a) is designed or adapted for use solely as a place of permanent habitation;
b) does not have the means of, and which is not capable of being readily adapted for, self-propulsion.
Heritage assets are defined by the NPPF as "a building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing)."
Housing Market Area
The Housing Market Area is an area which is reasonably self-contained in relation to migration (housing moves) and commuting. The Housing Market Area for Babergh and Mid Suffolk has been defined through the Strategic Housing Market Assessment and also comprises the areas covered by Ipswich Borough Council and part of East Suffolk Council (former Suffolk Coastal area).
Ipswich Strategic Planning Area (ISPA)
The Ipswich Strategic Planning Area includes the whole area of Babergh District, Mid Suffolk District, Ipswich Borough and part of East Suffolk Council (former Suffolk Coastal Area). A map of the area is provided in the document.
Infrastructure Delivery Plan
An Infrastructure Delivery Plan (IDP) sets out then infrastructure required in an area, when it will be provided and how it will be funded. An IDP has been produced to support and evidence the infrastructure requirements of the Plan.
Joint Strategic Plan
The Councils' Joint Strategic Plan was produced in 2013/14 and refreshed in 2016. The Joint Strategic Plan sets out a framework for delivering the Councils' services over the period 2016 – 2020.
Local Development Scheme
The Local Development Scheme sets out the formal local planning documents the Councils intend to produce together with stages and timetable for their production.
Local Green Space
Local Green Spaces are green areas of particular importance to local communities, and where development can be ruled out other than in very special circumstances. The NPPF states that Local Green Space must be in reasonably close proximity to the community it serves; be demonstrably special to a local community and hold particular local significance (for example because of its beauty, historic significance, recreational value, tranquillity or richness of its wildlife); and be local in character and not an extensive tract of land.
As defined in the NPPF (2019): For housing, development where 10 or more homes will be
provided, or the site has an area of 0.5 hectares or more. For non-residential development
it means additional floorspace of 1,000m2 or more, or a site of 1 hectare or more, or as
otherwise provided in the Town and Country Planning (Development Management
Procedure) (England) Order 2015. Other than for the specific purposes of paragraphs 172 and 173 in this Framework
National Planning Policy Framework
The revised National Planning Policy Framework (NPPF) was published by the Department of Communities and Local Government in February 2019, replacing the previous NPPF published in March 2012, and revised in July 2018. It is the key piece of national planning policy and is supported by guidance in the form of the Planning Practice Guidance. In considering whether a Local Plan is 'sound', through the Examination process, the Councils will need to be able to demonstrate that the plan accords with the policies within the NPPF.
The Localism Act 2011 introduced a power for communities to produce a Neighbourhood Plan which gives communities an opportunity to shape and influence development in their area. 'Made' Neighbourhood Plans form part of the Development Plan. For an up to date list of Neighbourhood Plans in the Districts please see the Councils' websites.
New Anglia Local Enterprise Partnership
The New Anglia Local Enterprise Partnership (NALEP) is a business-led collaboration between private, public and education sectors covering the whole of Suffolk and Norfolk. The NALEP is funded by Government and in turn provides funding and support for growing the local economy. The NALEP published a Strategic Economic Plan (SEP) in 2014. The SEP identifies five 'high impact' sectors for targeting support – Advanced manufacturing and engineering, agri-tech, energy, ICT/digital culture and life sciences. It also identifies growth locations which include Stowmarket in Mid Suffolk and Sudbury in Babergh. The New Anglia LEP have developed a new Economic Strategy, the delivery of which will act alongside the delivery of the new Plan.
Non-Designated Heritage Asset
As defined in the Planning Practice Guidance para.38
Non-designated heritage assets are buildings, monuments, sites, places, areas or landscapes identified by plan-making bodies as having a degree of heritage significance meriting consideration in planning decisions but which do not meet the criteria for designated heritage assets.
Objectively Assessed Need
The term Objectively Assessed Need (OAN) relates to the need for housing. The OAN has been established through the Government's Standard Methodology. The OAN is the 'starting point' for setting the housing requirement in the Plan.
Out of centre
A location which is outside of the defined town centre and not capable of being described as 'edge of centre'.
Permanent Gypsy and Traveller Site
A permanent Gypsy and Traveller Site is one which is intended for permanent residential use, rather than for temporary transit or short stay stopping purposes.
Planning Practice Guidance
The Planning Practice Guidance accompanies the national planning policy set out in the NPPF. It provides guidance on how local planning authorities should apply the policies contained in the NPPF, or other planning-related statements of national policy or legislation. It is web-based and is updated periodically.
The NPPF defines planning obligations as a legally enforceable obligation entered into under section 106 of the Town and Country Planning Act 1990 to mitigate the impacts of a development proposal. They are commonly known as Section 106 agreements. Section 122 of the Community Infrastructure Levy Regulations 2010 (as amended) states that a planning obligation may only constitute a reason for granting planning permission for the development is the obligation is:
(a) necessary to make the development acceptable in planning terms;
(b) directly related to the development; and
(c) fairly and reasonably related in scale and kind to the development.
Primary Shopping Area
Defined area where retail development is concentrated (comprising the primary and secondary shopping frontages). The Babergh and Mid Suffolk Joint Retail and Town Centres Study provides recommendations in relation to the extent of the Primary Shopping Areas.
Primary Shopping Frontage
Primary Shopping Frontage includes a high proportion of retail uses. These have been defined through the Babergh and Mid Suffolk Joint Retail and Town Centres Study.
Babergh, Ipswich, Mid Suffolk, Suffolk Coastal and Waveney Councils (now East Suffolk Council) are taking a joined-up approach to facilitate development whilst at the same time adequately protect Habitats/European wildlife sites (European Sites) along the Suffolk Coast, from harm, mitigating the potential for significant effects arising from increased recreational disturbance related to new housing development. For Babergh and Mid Suffolk these relate to the Stour and Orwell river and Deben estuaries. The Councils have produced a Suffolk Coast Recreational disturbance Avoidance and Mitigation Strategy (RAMS) whichl identifies and cost the measures necessary to mitigate recreational and leisure impacts and confirm how they will be funded. The intention of the strategy is to avoid adverse effects on the integrity of the Habitats Sites in combination with other plans and projects, over the lifetime of the Plan.
Ramsar sites are wetlands of international importance designated under the Ramsar Convention. An assessment of potential effects arising through the production of the Plan is undertaken through carrying out a Habitats Regulations Assessment.
Regionally Important Geological and Geomorphological Sites
Geodiversity is defined by the NPPF as the range of rocks, minerals, fossils and landforms. Regionally Important Geological and Geomorphological Sites (RIGS) are non-statutory designations identified for their geological interest.
Sector Needs Assessment
The Sector Needs Assessment (SNA) (part of the ELSA commission) updates the qualitative and quantitative need for employment land provided in the ELNA based on the 2016 East of England Forecasting Model and identifies the spatial requirements related to the needs of employment sectors.
The Self-Build and Custom Housebuilding Act 2015 requires the authorities to keep a register of individuals and associations of individuals who are seeking to acquire serviced plots of land in the authority's area in order to build houses for those individuals to occupy as homes. Self-build is defined for the purposes of the Community Infrastructure Levy as as all homes built or commissioned by individuals or groups of individuals for their own use, either by building the home on their own or working with builders.
Sequential Test (flooding)
The Sequential Test in relation to flooding seeks to ensure that development is located away from areas of higher flood risk where possible. For the purposes of plan-making, the Strategic Flood Risk Assessment should be used to steer development to lower flood risk areas. Where the Sequential Test concludes that there are not sufficient sites in a suitable lower risk flood zone(s), it may be necessary to apply the Exception Test. The acceptability of flood zones to development depends upon the vulnerability of the proposed use.
Sequential Test (retail)
The Sequential Test for retail uses is established in national planning policy. The National Planning Policy Framework requires the sequential test to be applied in relation to applications for main town centre uses that are not within a town centre. Locations within town centres should be considered first, followed by edge of centre locations and finally out of centre locations.
The settlement hierarchy categorises settlements based upon their role in terms of levels of service provision.
Site of Special Scientific Interest
Sites of Special Scientific Interest are protected areas designated by Natural England under the Wildlife and Countryside Act 1981. Sites are designated for either wildlife or geological interest.
Special Area of Conservation
Special Areas of Conservation are habitats protected under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora). An assessment of potential effects arising through the production of the Plan is undertaken through carrying out a Habitats Regulations Assessment.
Special Protection Area
Special Areas of Conservation are habitats of importance for bird species protected under the Habitats Directive (Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora). An assessment of potential effects arising through the production of the Plan is undertaken through carrying out a Habitats Regulations Assessment.
Under The Housing and Planning act 2016 a Starter Home:
- is a new dwelling,
- is available for purchase by qualifying first-time buyers only,
- is to be sold at a discount of at least 20% of the market value,
- is to be sold for less than the price cap, and
- is subject to any restrictions on sale or letting specified in regulations made by the Secretary of State.
The price cap outside of London is set at £250,000, and a qualifying first time buyer must be at least 23 years old but under the age of 40.
The Housing White Paper (February 2017) includes a number of proposals in relation to Starter Homes including requiring households to have an income of less that £80,000, requiring some or all of the discount to be repaid if the home is sold within 15 years and including Starter Homes within the definition of affordable housing.
Strategic Housing and Economic Land Availability Assessment
The Strategic Housing and Economic Land Availability Assessment (SHELAA) is an assessment of land availability which identifies a future supply of land which is suitable, available and achievable for housing and economic development uses over the plan period. The SHELAA is a key piece of evidence from which sites will be selected for allocation through the process of producing The Plan. Sites put forward through the Call for Sites which have been assessed as suitable, available and achievable will be incorporated in the SHELAA.
Strategic Housing Market Assessment
The Strategic Housing Market Assessment (SHMA) is a key piece of evidence and is required by the National Planning Policy Framework. The Strategic Housing Market Assessment identifies the Objectively Assessed Need for housing (OAN) and the mix and type of housing, including affordable housing, required over the plan period.
Structure Plans formed part of the Development Plan until the introduction of now-abolished Regional Spatial Strategies under the Planning and Compulsory Act 2004. The 2001 Suffolk Structure Plan was the final Structure Plan to cover Babergh and Mid Suffolk but is no longer in force.
The Town Centres are defined areas which are characterised by offering a range of main town centre uses, which include retail, leisure, cultural and office uses.
Transit Gypsy and Traveller Site
A Transit Site (also known as a Short Stay Stopping Site) is a site intended for use by Gypsies and Travellers for a short amount of time whilst travelling. The length of continuous stay on a Transit Site is limited to a maximum of 12 weeks.
Travelling Showpeople's Yard
A Travelling Showpeople's Yard is the location at which Travelling Showpeople have their permanent residence and will usually include space for storage of equipment.
Use classes are defined in the Town and Country Planning (Use Classes) Order 1987 (as amended) and from 1st September 2020 are defined as:
Class B2 – General industry
Class B8 – Storage and distribution
Class C1 – Hotels
Class C2 – Residential institutions
Class C2a – Secure residential institutions
Class C3 – Dwelling houses
Class C4 – Houses in multi occupation
Class E – Commercial, business and service (shops, financial and professional services, food and drink, business, non-residential institutions - part, assembly and leisure -part)
Class F1 – Learning and non-residential institutions
Class F2 – Local community uses
Sui generis – uses which do not fall within the specific use classes above.
Wheelchair accessible dwellings
Wheelchair accessible dwellings were introduced by the Government through revisions to the Building Regulations in 2015, as one of a suite of 'optional' standards that can be required through planning policy. Part M4(3) of the Building Regulations sets out the specifications for wheelchair accessible dwellings.