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Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron Neighbourhood Development Plan 2021 - 2031
Basic Conditions Statement
(Paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990)
Llangarron Parish Council, January 2021
Supported by
1Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
1.0 Introduction
1.1 Planning Practice Guidance (Paragraph: 065 Reference ID: 41-065-20140306)1 sets out that only a draft Neighbourhood Plan or Order that meets
each of a set of basic conditions can be put to a referendum and be made. The basic conditions are set out in paragraph 8(2) of Schedule 4B of the
Town and Country Planning Act 1990 as applied to neighbourhood plans by section 38A of the Planning and Compulsory Purchase Act 2004. A draft
order meets the basic conditions if—
• having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the
neighbourhood plan
• the making of the plan contributes to the achievement of sustainable development
• the making of the neighbourhood plan is in general conformity with the strategic policies of the development plan for the area
• the making of the neighbourhood plan does not breach, and is otherwise compatible with European Union (EU) obligations.
1.2 Regulations 32 and 33 of the Neighbourhood Planning Regulations 2012 (as amended) set out two additional basic conditions. These are:
• the making of the neighbourhood plan is not likely to have significant effects on a European site or a European offshore marine site either
alone or in combination with other plans or projects and
• having regard to all material considerations, it is appropriate that the neighbourhood development order is made where the development
described in an order proposal is Environmental Impact Assessment development (this does not apply to this examination as it is not about a
neighbourhood development order).
1.3 A further Basic Condition was added by legislation on 28 December 2018. The Neighbourhood Planning (General) Regulations 2012 para 1 states:
• In relation to the examination of neighbourhood development plans the following basic condition is prescribed for the purpose of paragraph
8(2)(g) of Schedule 4B to the 1990 Act- The making of the neighbourhood development plan does not breach the requirements of Chapter 8
of Part 6 of the Conservation of Habitats and Species Regulations 2017.
1.4 This Basic Conditions Statement sets out how the Llangarron NDP has been prepared to meet the basic conditions. It has been prepared as a
supporting document for consideration by the NDP independent Examiner.
1
https://www.gov.uk/guidance/neighbourhood-planning--2#basic-conditions-for-neighbourhood-plan-to-referendum
2Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
2.0 Legal Requirements
2.1 The Submission Plan is being submitted by a qualifying body
This Submission Plan is being submitted by a qualifying body, namely Llangarron Parish Council.
2.2 What is being proposed is a neighbourhood development plan
The plan being proposed relates to planning matters (the use and development of land) and has been prepared in accordance with the statutory
requirements and processes set out in the Town and Country Planning Act 1990 (as amended by the Localism Act 2011) and the Neighbourhood
Planning Regulations 2012.
2.3 The proposed Neighbourhood Plan states the period for which it is to have effect
The proposed Neighbourhood Plan states the period for which it is to have effect. That period is from 2021 to 2031 (from the current year and
referring to the same period as the adopted Herefordshire Local Plan Core Strategy 2011 - 2031).
2.4 The policies do not relate to excluded development
The Neighbourhood Plan proposal does not deal with county matters (mineral extraction and waste development), nationally significant
infrastructure or any other matters set out in Section 61K of the Town and Country Planning Act 1990.
2.5 The proposed Neighbourhood Plan does not relate to more than one neighbourhood area and there are no other neighbourhood
development plans in place within the neighbourhood area.
The Neighbourhood Plan proposal relates to the designated Llangarron Neighbourhood Area and to no other area. There are no other
Neighbourhood Plans relating to that neighbourhood area. The Designated Neighbourhood Plan Area has the same boundary as that of the Group
Parish at the time of the designation and is shown on Map 1 in the NDP.
3Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
3.0 Basic Conditions
3.1 a. Having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make
the plan
The Llangarron Neighbourhood Development Plan has been prepared having appropriate regard to the policies set out in the revised National
Planning Policy Framework (NPPF, February 2019)2.
2. Achieving Sustainable Development
Paragraph 1 of the NPPF explains that 'The National Planning Policy Framework sets out the Government’s planning policies for England and how
these should be applied.' Paragraph 7 sets out that 'The purpose of the planning system is to contribute to the achievement of sustainable
development.' The planning system has 3 overarching objectives to achieve sustainable development (paragraph 8): an economic objective, a social
objective and an environmental objective. These should be delivered through the preparation and implementation of plans (paragraph 9).
Table 1 sets out how the Llangarron NDP delivers the 3 overarching Objectives:
Table 1 Delivering Sustainable Development
NPPF Overarching Objectives Llangarron NDP Policies and Proposals
a) an economic objective – to help build a strong, responsive and Llangarron NDP recognises the area's location within a rural area of
competitive economy, by ensuring that sufficient land of the right types Herefordshire where the local economy is focussed on existing tourism
is available in the right places and at the right time to support growth, enterprises, many small and medium sized farms, small agricultural
innovation and improved productivity; and by identifying and businesses supporting the agricultural sector and local services. In
coordinating the provision of infrastructure; addition many people work from home offering a range of local
services.
NDP Objective 3 - Employment is: 'To support existing businesses and
to attract new employment opportunities in local agriculture, food
production and sustainable tourism opportunities, so that jobs are
2
https://www.gov.uk/government/publications/national-planning-policy-framework--2
4Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
provided close to where people live, and opportunities for
homeworking are encouraged.'
This should be delivered through NDP Policies EMP1 and EMP2.
Policy EMP1 provides criteria to guide proposals for new agricultural
buildings and poly tunnels including consideration of visual impacts,
traffic, lighting and protecting local residential amenity. Policy EMP2
supports small scale tourism and rural diversification.
In addition NDP Objective 7 - Communication is: 'To encourage the
development of faster broadband and other means of communication
within the Parish to allow business to operate and grow.'
This should be delivered through NDP Policy COM1 which promotes
the provision of a high speed broadband network as part of
development and supports new telecoms equipment in the parish
subject to criteria.
b) a social objective –to support strong, vibrant and healthy Llangarron NDP has a strong focus on social sustainability and
communities, by ensuring that a sufficient number and range of homes supporting the local community. The NDP has been prepared over
can be provided to meet the needs of present and future generations; several years with a high level of community engagement to ensure
and by fostering a well-designed and safe built environment, with local people's concerns and ideas are incorporated at every step. The
accessible services and open spaces that reflect current and future NDP guides new housing and other development to the settlement
needs and support communities' health, social and cultural well-being; boundaries of the 4 main settlements identified in the Herefordshire
and Core Strategy as suitable for growth and promotes sustainable
communities.
Objective 1 - Sustainability is 'to promote the creation of balanced
communities with sufficient housing, business opportunities and
facilities to satisfy all sectors of the community.'
5Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
This will be delivered through Policy SUS1 (and all other NDP Policies).
Policy SUS1 sets out that development proposals should enhance and
maintain the vitality of local communities by supporting local and
essential services and new residential development should be located
within the identified settlement boundaries of Llangrove, Llancloudy,
Llangarron and Three Ashes and should contribute to a suitable mix of
housing.
Objective 4 - Housing is 'to ensure the provision of sustainable, energy
efficient housing in the Parish which is appropriately designed to meet
the needs of all sectors of the community. This will include both private
and affordable sectors. The scale, design and location of the dwellings
should as far as possible reflect the character of the area and any new
dwellings should be built to a high standard of design.'
This should be delivered through NDP Policies HOU1, HOU2, HOU3 and
HOU4. Policy HOU1 supports new housing development within the
settlement boundaries of Llangrove, Llangarron, Llancoudy and Three
Ashes subject to local criteria. Policy HOU2 guides proposals for
replacement dwellings in the countryside and Policy HOU3 sets out
criteria for assessing the proposed change of use of agricultural
buildings to dwellings and holiday accommodation. Policy HOU4 sets
out criteria to guide proposals for housing extension where planning
permission is required.
Objective 6 - Community Facilities is 'to protect existing community
facilities and assets and promote the improvement of services and
other facilities within the Parish and encourage the improvement of
existing facilities and services such as footpaths, open space and play
areas.'
This should be delivered through NDP Policy CSU1 which identifies
existing community facilities in the parish for protection and which
6Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
supports proposals which improve the range of community facilities
and local services available within the Parish, including a car park,
improvements to a village hall and allotments.
c) an environmental objective - to contribute to protecting and Llangarron NDP has a strong emphasis on environmental sustainability
enhancing our natural, built and historic environment; including making which reflects its location within a rural area and the area's many built
effective use of land, helping to improve biodiversity, using natural and natural heritage assets.
resources prudently, minimising waste and pollution, and mitigating
and adapting to climate change, including moving to a low carbon Objective 2 - Environment is 'to manage and protect the countryside
economy. and heritage assets for all to enjoy, by providing measures to protect
and enhance the landscape setting and character of the villages
including conserving important heritage assets and protecting the
wider countryside.'
This should be delivered through NDP Policies ENV1, ENV2, ENV3 and
ENV4. Collectively these policies seek to protect and enhance local
landscape character and biodiversity, and seek to protect heritage
assets and the built character of the settlements by promoting
sensitive change, and address local flood risk and the need to manage
development to ensure the capacity of WwTW is not exceeded.
In addition the NDP promotes sustainable transport choices. Objective
5 - Roads and Traffic is 'to promote measures for pedestrian and
cyclists’ safety and ensure there is no detrimental impact on highway
safety for all road users. Wherever possible the plan will encourage and
support the use of public transport and roads, paths, drains etc will be
maintained in good condition.'
This should be delivered through NDP Policy TRA1 which promotes a
range of measures in new developments to support walking and cycling
and use of public transport.
7Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
The NDP also supports low carbon energy technologies. Objective 8 -
Energy is 'to encourage the use of sustainable energy whilst seeking to
ensure there is no detrimental impact on the character of the area or
the people who live in the Parish. New housing schemes and other
development will be encouraged to incorporate sustainable energy
efficiency.
This should be delivered through NDP Policies ENG1 and ENG2 which
guide renewable technology schemes in new developments and
support small scale renewable energy schemes subject to impacts on
local landscape, biodiversity, character, residential amenity and
highways.
The presumption in favour of sustainable development is explained in relation to plan making in paragraph 11:
11. Plans and decisions should apply a presumption in favour of sustainable development. For plan-making this means that:
a) plans should positively seek opportunities to meet the development needs of their area, and be sufficiently flexible to adapt to rapid
change;
b) strategic policies should, as a minimum, provide for objectively assessed needs for housing and other uses, as well as any needs
that cannot be met within neighbouring areas5, unless:
i. the application of policies in this Framework that protect areas or assets of particular importance provides a strong reason for restricting the
overall scale, type or distribution of development in the plan area6; or
ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this
Framework taken as a whole.
The Llangarron NDP takes a positive and balanced approach to development, recognising that whilst the indicative housing target set out in the
Herefordshire Local Plan Core Strategy has been met and exceeded, some further limited development within the identified settlement boundaries
would be acceptable, provided that housing types and sizes are suitable, the economy and community facilities are enhanced, and the sensitive
character of the natural and built environment is protected from unsympathetic change.
8Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Paragraph 13 explains that the application of the presumption has implications for the way communities engage in neighbourhood planning.
Neighbourhood plans should support the delivery of strategic policies contained in local plans or spatial development strategies; and should shape
and direct development that is outside of these strategic policies.
3. Plan Making
In Section 3 Plan Making, the NPPF sets out that 6 principles that plans should address. Table 2 sets out how the Llangarron NDP addresses each of
these in turn.
Table 2 Plan Making
NPPF Plan Making Llangarron NDP
a) be prepared with the objective of contributing to the achievement of The NDP has been prepared to contribute to sustainable development;
sustainable development; Table 1 above sets out how the Plan's objectives, policies and
proposals address economic, social and environmental objectives.
b) be prepared positively, in a way that is aspirational but deliverable; The NDP has been prepared positively. The Parish Council has worked
hard to ensure policies are positively worded to 'support' and
'encourage' suitable and appropriate development.
The environmental policies in the NDP set out locally appropriate
criteria which reflect the designated area's location in a rural area of
Herefordshire.
The policies have been prepared over a long period of time and though
several stages of informal consultation and engagement. The work on
the NDP has been led by parish councillors with the support of officers
from Herefordshire Council and independent planning consultants.
c) be shaped by early, proportionate and effective engagement Local residents have helped to shape the policies, many of whom have
between plan-makers and communities, local organisations, businesses, a detailed knowledge of the area and its intrinsic character and special
infrastructure providers and operators and statutory consultees; qualities and are passionate about protecting them.
All the policies have been prepared through an extensive and
thorough approach to community engagement, including informal
9Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
consultation on the emerging plan, two formal Regulation 14 public
consultations and various public meetings, including those considering
the proposed settlement boundaries.
The accompanying Consultation Statement sets out the details of the
extensive, wide ranging and multiple community consultation and
engagement activities which have been undertaken since 2013 at all
stages of the Plan's preparation. Briefly this has included:
• Initial questionnaires seeking the key issues
• Discussions with various community groups and associations
• A presentation to the local primary school
• A stand at the Llangarron Village Fete in July 2013
• A questionnaire to all households in the Parish and an
invitation to a Neighbourhood Planning for Real Event in
November 2013
• An open day in November 2014 and follow up questionnaire
relating to the Draft Sustainability Statement, Draft Vision and
Objectives.
• First version of the Draft Plan published for formal
consultation (Regulation 14) in 2017
• Regulation 14 public consultation on revised and updated
Draft Plan, September - October 2020.
Consultations were promoted using local newsletters, the Parish
Council's website and hand delivery of questionnaires to all
households in the Parish by members of the Steering Group. Drop In
events were held at key stages. During the COVID-19 Pandemic the
Parish Council held an open online meeting to discuss and agree
changes to the Submission NDP. Stakeholders were invited to speak
for a short period at the beginning of the meeting.
At each consultation stage representations have been considered
carefully and appropriate amendments to the NDP made.
10Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
d) contain policies that are clearly written and unambiguous, so it is The NDP policies and proposals have been prepared by the Parish
evident how a decision maker should react to development proposals; Council, with support from a planning consultant and planning officers
at Herefordshire Council.
Amendments have been made at key stages to improve the clarity and
reduce ambiguity, but it is understood that the Examiner is likely to
recommend further changes to wording following the examination
process.
e) be accessible through the use of digital tools to assist public Updates and documents have been provided on the NDP website at all
involvement and policy presentation; and stages of plan preparation.
Responses by email were invited at informal and formal consultation
stages.
f) serve a clear purpose, avoiding unnecessary duplication of policies The NDP has been amended and updated to reduce duplication with
that apply to a particular area (including policies in this Framework, policies in the Herefordshire Local Plan Core Strategy and duplication
where relevant). with national policies.
The Plan Making Framework
Paragraph 18 sets out that policies to address non-strategic matters should be included in local plans that contain both strategic and non-strategic
policies, and/or in local or neighbourhood plans that contain just non-strategic policies. The Llangarron NDP contains non-strategic planning policies
and proposals that add local detail and value to strategic policies in the Herefordshire Local Plan Core Strategy. The supporting text for the NDP
policies refers to the relevant strategic policies.
Non-strategic policies
Paragraph 29 advises that neighbourhood planning gives communities the power to develop a shared vision for their area. Neighbourhood plans
can shape, direct and help to deliver sustainable development, by influencing local planning decisions as part of the statutory development plan.
Neighbourhood plans should not promote less development than set out in the strategic policies for the area or undermine those strategic policies.
Llangarron NDP supports development in line with Local Plan Core Strategy Policy RA1 - Rural housing distribution which sets out a minimum
11Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
housing growth target for the Ross rural HMA of 14% or 1150 new houses. The Core Strategy identifies the settlements in the rural areas where
new housing should be accommodated under Policy RA2. In Llangarron Parish, Llangrove is identified in Figure 4.14: as a settlement which will be
the main focus of proportionate housing development, and Llangarron, Llancloudy and Three Ashes are identified in Figure 4.15: Other settlements
where proportionate housing is appropriate. In order to be in 'general conformity' with the Core Strategy, new housing development in the parish
should be concentrated in these identified settlements.
Paragraph 30 goes on to say that once a neighbourhood plan has been brought into force, the policies it contains take precedence over existing
non-strategic policies in a local plan covering the neighbourhood area, where they are in conflict; unless they are superseded by strategic or non-
strategic policies that are adopted subsequently.
5. Delivering a sufficient supply of homes
Paragraph 65 sets out that strategic policies should also set out a housing requirement for designated neighbourhood areas which reflects the
overall strategy for the pattern and scale of development and any relevant allocations. The NDP has been prepared in the context of Herefordshire
Local Plan Core Strategy Policies RA1 and RA2, and sets out that although the minimum requirement has been met, further limited development
will be supported over the plan period.
The designated area is located within a rural area. Paragraph 78 advises that to promote sustainable development in rural areas, housing should be
located where it will enhance or maintain the vitality of rural communities. The NDP supports this principle by guiding new development proposals
to within the settlement boundaries of the settlements identified for growth in the Core Strategy.
6. Building a strong, competitive economy
Paragraph 83 advises that in rural areas planning policies should enable a) the sustainable growth and expansion of all types of business in rural
areas, both through conversion of existing buildings and well-designed new buildings; b) the development and diversification of agricultural and
other land-based rural businesses; c) sustainable rural tourism and leisure developments which respect the character of the countryside; and d) the
retention and development of accessible local services and community facilities, such as local shops, meeting places, sports venues, open space,
cultural buildings, public houses and places of worship.
The NDP addresses these matters through policies which support suitable rural growth and tourism and which seek to protect and enhance local
community facilities.
12Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Paragraph 91 sets out that planning policies and decisions should aim to achieve healthy, inclusive and safe places which promote social interaction,
are safe and accessible and enable and support healthy lifestyles. The NDP promotes walking and cycling and improved accessibility to local
facilities including those supporting a resilient and sustainable community.
9. Promoting sustainable transport
Paragraph 102 advises that opportunities to promote walking, cycling and public transport use should be identified and pursued. The NDP includes
a transport policy which supports increased walking and cycling and use of public transport by encouraging developments to incorporate linkages
and facilities such as cycle storage.
11. Making effective use of land
Paragraph 118 advises that planning policies should a) encourage multiple benefits from both urban and rural land, including through mixed use
schemes and taking opportunities to achieve net environmental gains – such as developments that would enable new habitat creation or improve
public access to the countryside; and b) recognise that some undeveloped land can perform many functions, such as for wildlife, recreation, flood
risk mitigation, cooling/shading, carbon storage or food production.
The NDP supports landscape and habitat protection and enhancement and recognises the need for flood risk mitigation. Allotments are included in
the list of proposed improvements to community facilities.
12. Achieving well-designed places
Paragraph 124 explains that the creation of high quality buildings and places is fundamental to what the planning and development process should
achieve. Paragraph 125 goes on to say that design policies should be developed with local communities so they reflect local aspirations, and are
grounded in an understanding and evaluation of each area’s defining characteristics. Neighbourhood plans can play an important role in identifying
the special qualities of each area and explaining how this should be reflected in development.
Llangarron NDP describes the local character of the settlements and wider countryside of the parish on some detail and includes policies which aim
to protect heritage and local character and which also consider landscape character. Sustainable design runs through the NDP and is referred to
and promoted across a range of policies. The NDP also notes several significant local views which are valued by residents and which should be
considered in development proposals.
13Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
14. Meeting the challenge of climate change, flooding and coastal change
Paragraph 148 advises that the planning system should support the transition to a low carbon future in a changing climate, taking full account of
flood risk and coastal change. Paragraph 151 goes on to set out that to help increase the use and supply of renewable and low carbon energy and
heat, plans should c) identify opportunities for development to draw its energy supply from decentralised, renewable or low carbon energy supply
systems and for co-locating potential heat customers and suppliers and in paragraph 152, local planning authorities should support community-led
initiatives for renewable and low carbon energy, including developments outside areas identified in local plans or other strategic policies that are
being taken forward through neighbourhood planning.
In addition to policies promoting more sustainable, low carbon forms of transport, NDP Policies ENG1 and ENG2 guide renewable technology
schemes in new developments and support small scale renewable energy schemes subject to impacts on local landscape, biodiversity, character,
residential amenity and highways.
Planning and flood risk
Paragraph 157 sets out that plans should avoid, where possible, flood risk to people and property. They should do this, and manage any residual
risk, by various measures including c) using opportunities provided by new development to reduce the causes and impacts of flooding (where
appropriate through the use of natural flood management techniques). Flooding is a significant local issue in many parts of the parish and Policy
SUS1 requires development to minimise the risk of flooding for existing and new properties by promoting and delivering measures to reduce flood
risk; and undertake works to upgrade the shortfalls in the capacity of other infrastructure including, utilities, waste water and land drainage.
Minimising flood risk is also addressed directly in NDP Policy ENV3.
15. Conserving and enhancing the natural environment
Paragraph 170 advises that planning policies and decisions should contribute to and enhance the natural and local environment by protecting and
enhancing valued landscapes and sites of biodiversity and recognising the intrinsic character and beauty of the countryside. NDP Policy ENV1
identifies important local landscape features and views for protection and sets out how landscaping schemes can protect, restore and enhance local
landscape character.
Ground conditions and pollution
Paragraph 180 sets out that planning policies and decisions should ensure that new development is appropriate for its location taking into account
the likely effects (including cumulative effects) of pollution on health, living conditions and the natural environment, as well as the potential
sensitivity of the site or the wider area to impacts that could arise from the development. This includes considering such matters as noise and light
14Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
pollution. NDP Policy ENV1 includes protection of the area's dark skies and Policy EMP1 requires proposals for conversions of agricultural buildings
to take suitable measures to protect the amenity of occupiers of nearby residential properties and to minimise or otherwise mitigate disturbance,
noise, odours, lighting or other pollution.
16. Conserving and enhancing the historic environment
Paragraph 184 advises that heritage assets are an irreplaceable resource, and should be conserved in a manner appropriate to their significance, so
that they can be enjoyed for their contribution to the quality of life of existing and future generations. Paragraph 18 goes on to say that plans
should set out a positive strategy for the conservation and enjoyment of the historic environment. Policy ENV2: Protecting historic assets and
settlement character notes several buildings of particular significance to local residents and requires development to preserve the character and
protect the settings of villages and to use local materials where appropriate.
3.2 b. Having Special Regard to the Desirability of Preserving any Listed Building or its Setting or any Features of Special Architectural or
Historic Interest
The NDP notes the listed buildings in the Group Parish.
[Note: this Basic Condition only applies to Neighbourhood Development Orders but has been included for the sake of completeness].
3.3 c. Having Special Regard to the Desirability of Preserving or Enhancing Character or Appearance of any Conservation Area
The Plan area does not include a Conservation Area.
[Note: this Basic Condition only applies to Neighbourhood Development Orders but has been included for the sake of completeness].
3.4 d. Contributes to the Achievement of Sustainable Development
The Submission Neighbourhood Development Plan contributes strongly to the achievement of sustainable development. This is set out in more
detail in Table 1 above in relation to the economic, social and environmental objectives of the NPPF.
3.5 e. In General Conformity with Strategic Local Planning Policy
The Submission Neighbourhood Plan is in general conformity with strategic Local Plan policies contained in the adopted Herefordshire Local Plan
Core Strategy 2011-2031. Table 3 sets out the way that the Neighbourhood Plan conforms to the relevant strategic planning policies in the Local
Plan.
15Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Table 3 Conformity with Local Strategic Planning Policy
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
Policy SUS1: Sustainable Development Policy SS1 - Presumption in favour of sustainable NDP Policy SUS1 sets out the overarching
development policy approach in the NDP, promoting a
Policy SUS1: Sustainable Development Policy SS2 - Delivering new homes sustainable approach in new development.
Policy SS4 - Movement and transportation This is in line with the presumption in
Development proposals will be required to Policy SS6 - Environmental quality and local distinctiveness favour of sustainable development set out
demonstrate that they contribute to Policy SS7 - Addressing climate change in Core Strategy Policy SS1.
sustainability and community resilience by
addressing the following criteria: Policy RA2 - Housing in settlements outside Hereford and The NDP Policy addresses matters such as
the market towns conserving and enhancing the natural and
1. Development proposals should Policy RA6 - Rural economy historic environment which is in general
conserve and enhance the natural and Policy MT1 - Traffic management, highway safety and conformity with Core Strategy Policies SS6
historic environment. Wherever possible promoting active travel and LD1 and LD2, sustainable transport
existing trees and hedges should be Policy LD1 – Landscape and townscape which is in general conformity with Core
retained. This should be achieved through Policy LD2 - Biodiversity and geodiversity Strategy Policies SS4 and MT1. The Policy
the design and delivery of high quality built Policy SD4 - Waste water treatment and river water quality also provides the broad planning
environment and landscaping schemes framework for guiding new housing
which respond positively to local development to the main settlements in
distinctiveness and rural character; accordance with Core Strategy Policies SS2
and RA2 and considers flood risk and
2. Proposals should minimise reliance infrastructure requirements in line with
on the private car by promoting walking Core Strategy Policies SS7 and SD4 and
and cycling and where possible being requires employment development to
located close to local bus services, whilst respect local character in line with Core
recognising that for rural communities the Strategy Policy RA6 which requires
car is likely to remain an important mode of development to be of a scale suitable to its
transport for many households; setting.
16Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
3. Development proposals should
enhance and maintain the vitality of local
communities by supporting local and
essential services;
4. New residential development
should be located within the identified
settlement boundaries of Llangrove,
Llancloudy, Llangarron and Three Ashes
and should contribute to a suitable mix of
housing in terms of type, size and tenure to
promote strong, balanced communities,
and in particular meet the needs of young
families, the elderly and people with
disabilities. The precise housing mix should
address the changing needs of the parish
over the plan-period in order to support
local community and economic wellbeing;
5. Outside these settlements
development will be considered to be in
Herefordshire's countryside and will be
required to comply with Herefordshire
Local Plan Core Strategy Policies RA3, RA4
and RA5;
6. Development should ensure there
is no detrimental impact on essential
infrastructure by:
i. Minimising the risk of flooding for
existing and new properties by promoting
17Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
and delivering measures to reduce flood
risk; and
ii. Undertaking works to upgrade the
shortfalls in the capacity of other
infrastructure including, utilities, waste
water and land drainage.
7. Any new development should
minimise the impact on the local roads and
surrounding highway network by:
i. Introducing traffic calming
measures where appropriate to minimise
the impact on local amenity and improve
pedestrian, equestrian and cyclist safety;
and
ii. Promoting sustainable transport
initiatives.
8. Small scale employment related
development should support the local
economy, while retaining the area’s unique
character.
9. Development which supports
opportunities for working from home will
be supported.
Policy ENV1: Landscape and biodiversity Policy SS6 Environmental quality and local distinctiveness NDP Policy ENV1 requires development
proposals to protect and enhance the
Policy ENV1: Landscape and biodiversity Development proposals should conserve and enhance those landscape character and biodiversity of the
environmental assets that contribute towards the county’s Parish. The Policy goes on to set out that
distinctiveness, in particular its settlement pattern, proposals should minimise their impacts
18Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
New proposals for development should landscape, biodiversity and heritage assets and especially on a range of locally important landscape
seek to protect and enhance the landscape those with specific environmental designations. In addition, features including views, dark skies,
character and biodiversity of the Parish. In proposals should maintain and improve the effectiveness of PROW, hedgerows and trees and water
order to protect the landscape character those ecosystems essential to the health and wellbeing of the courses.
new proposals should positively enhance county’s residents and its economy. Development proposals
the existing landscape and minimise their should be shaped through an integrated approach to This is in general conformity with Core
impacts on: planning the following environmental components from the Strategy Policy SS6 which requires
outset, and based upon sufficient information to determine development proposals to conserve and
1. Important views, including but not the effect upon each where they are relevant: enhance those environmental assets that
limited to, visually sensitive skylines, valley • landscape, townscape and local distinctiveness, contribute towards the county’s
sides and hillsides as shown on Maps 3A especially in Areas of Outstanding Natural Beauty; distinctiveness, in particular its settlement
and 3B; • biodiversity and geodiversity especially Special Areas pattern, landscape, biodiversity and
2. Nocturnal character including dark of Conservation and Sites of Special Scientific Interest; heritage assets. Developments should also
skies, from light pollution; • historic environment and heritage assets, especially protect, and where possible restore,
3. Hedgerows (see Polices Maps 4, 5, Scheduled Monuments and Listed Buildings; important habitats such as traditional
6 and 7), unregistered parks and gardens • the network of green infrastructure; orchards and hedgerows.
and ancient woodlands; • local amenity, including light pollution, air quality and
4. Public open spaces and footpaths; tranquillity; This is in general conformity with Core
5. Veteran, ancient, mature and • agricultural and food productivity; Strategy Policy SS6 which requires
notable trees and existing traditional • physical resources, including minerals, soils, proposals to conserve and enhance those
orchards; and management of waste, the water environment, renewable environmental assets that contribute
6. Waterways and tributaries of the energy and energy conservation. towards the county’s distinctiveness,
River Wye. including landscape and biodiversity.
The management plans and conservation objectives of the
Development proposals should county’s international and nationally important features and Core Strategy Policy LD1 requires
demonstrate how they have addressed the areas will be material to the determination of future proposals to demonstrate that landscape
preservation, and restoration, of existing development proposals. Furthermore assessments of local character has influenced design, and to
green infrastructure, for example, trees, features, areas and sites, defining local distinctiveness in incorporate new landscape schemes to
hedges and woodland. Wherever possible other development plan documents, Neighbourhood ensure development integrates
development should support the creation Development Plans and Supplementary Planning Documents appropriately into its surroundings and
of new habitats, for example by planting should inform decisions upon proposals. maintain and extend tree cover.
19Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
orchards as part of biodiversity net gain
and as a resource for the community. Policy LD1 – Landscape and townscape In addition Policy LD2 – Biodiversity and
Traditional hedgerows should be retained a geodiversity requires development
boundary treatments and new hedgerows Development proposals should: proposals to conserve, restore and
should use appropriate local species which - demonstrate that character of the landscape and enhance the biodiversity and geodiversity
enhance biodiversity. townscape has positively influenced the design, scale, nature assets of Herefordshire, including through
and site selection, protection and enhancement of the restoration and enhancement of existing
'Traditional orchards should be retained setting of settlements and designated areas; biodiversity and geodiversity features on
unless it can be demonstrated that their - conserve and enhance the natural, historic and scenic site and connectivity to wider ecological
loss will not reduce environmental beauty of important landscapes and features, including Areas networks, and the creation of new
biodiversity or be detrimental by causing of Outstanding Natural Beauty, nationally and locally biodiversity features and wildlife habitats.
loss of wildlife habitat. Where orchards are designated parks and gardens and conservation areas;
lost developers can be expected to include through the protection of the area’s character and by
an equivalent range of varietal fruit species enabling appropriate uses, design and management;
traditional to the local area in landscaping - incorporate new landscape schemes and their
schemes of at least equivalent size to that management to ensure development integrates
which will be lost or provide a new orchard appropriately into its surroundings; and
using traditional species for the benefit of - maintain and extend tree cover where important to
the local community. amenity, through the retention of important trees,
appropriate replacement of trees lost through development
The priority for new development should and new planting to support green infrastructure.
be to avoid direct and indirect impacts
upon landscape character and biodiversity. Policy LD2 – Biodiversity and geodiversity
Where impacts cannot be avoided,
mitigation and then compensation Development proposals should conserve, restore and
measures should be provided. enhance the biodiversity and geodiversity assets of
Herefordshire, through the:
1. retention and protection of nature conservation sites and
habitats, and important species in accordance with their
status as follows:
20Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
a) Development that is likely to harm sites and species of
European Importance will not be permitted;
b) Development that would be liable to harm Sites of Special
Scientific Interest or nationally protected
species will only be permitted if the conservation status of
their habitat or important physical features can be protected
by conditions or other material considerations are sufficient
to outweigh nature conservation considerations;
c) Development that would be liable to harm the nature
conservation value of a site or species of local nature
conservation interest will only be permitted if the importance
of the development outweighs the local value of the site,
habitat or physical feature that supports important species.
d) Development that will potentially reduce the coherence
and effectiveness of the ecological network of sites will only
be permitted where adequate compensatory measures are
brought forward.
2. restoration and enhancement of existing biodiversity and
geodiversity features on site and connectivity to wider
ecological networks; and
3. creation of new biodiversity features and wildlife habitats.
Where appropriate the council will work with developers to
agree a management strategy to ensure the protection of,
and prevention of adverse impacts on, biodiversity and
geodiversity features.
Policy ENV2: Protecting historic assets and Policy SS6 - Environmental quality and local distinctiveness NDP Policy ENV2 aims to ensure new
settlement character Policy LD1 – Landscape and townscape development is sensitive to local context
and character, including built heritage, the
Policy ENV2: Protecting historic assets and Policy LD4 – Historic environment and heritage assets distinctive character of each village by
settlement character using local materials where appropriate.
21Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
Development proposals affecting heritage assets and the
Development proposals should: wider historic environment should: This is in general conformity with Core
1. Protect, conserve, and where possible enhance heritage Strategy Policy SS6 which requires
1. Not adversely affect Listed assets and their settings in a manner development proposals to conserve and
Buildings, important landscapes and appropriate to their significance through appropriate enhance those environmental assets that
features, and buildings considered to be of management, uses and sympathetic design, in contribute towards the county’s
local architectural, or historic interest particular emphasising the original form and function where distinctiveness, in particular its settlement
which contribute to the character of the possible; pattern and landscape (and others).
villages within the Plan area. 2. where opportunities exist, contribute to the character and
local distinctiveness of the townscape or Policy LD1 sets out that development
2. Pay special attention to the need to wider environment, especially within conservation areas; proposals should demonstrate that
conserve and enhance such buildings or 3. use the retention, repair and sustainable use of heritage character of the landscape and townscape
sites, their setting and any significant assets to provide a focus for wider regeneration schemes; has positively influenced the design, scale,
architectural, historic and landscape 4. record and advance the understanding of the significance nature and site selection, protection and
features. of any heritage assets to be lost (wholly or in part) and to enhancement of the setting of settlements
make this evidence or archive generated publicly accessible and designated areas.
3. Not adversely affect settings of and
heritage assets which are valued by 5. where appropriate, improve the understanding of and Policy LD4 protects heritage, requiring
residents. These include but not limited to: public access to the heritage asset. proposals affecting heritage assets and the
• St Deinst Church, Llangarron; wider historic environment to protect,
• Christ Church, Llangrove; The scope of the works required to protect, conserve and conserve, and where possible enhance
• Bernithan Court, Llangarron; enhance heritage assets and their settings should be heritage assets and their settings in a
• Langstone Court and its associated proportionate to their significance. Development schemes manner appropriate to their significance.
unregistered park and garden; should emphasise the original form and function of any asset
• Treribble, Three Ashes . and, where appropriate, improve the understanding of and
public access to them.
4. Preserve the character of each
village particularly by using designs and
building materials for new development
which respect local building tradition,
features and distinctiveness. Schemes
22Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
should respond to the height and scale of
nearby buildings and new buildings should
not exceed 2 storeys. The use of traditional
Herefordshire red sandstone and render
with painted window frames preferred.
Schemes which contribute to light pollution
should be avoided.
5. Protect the setting of villages and
the character of the open countryside by
locating new development within the
settlement boundaries, unless there is
special justification as identified elsewhere
in the plan, for example for agriculture or
tourism proposals.
6. Take account of known surface and
sub-surface archaeology, and ensure
unknown and potentially significant
deposits are identified and appropriately
considered during development. Lack of
current evidence of sub-surface
archaeology is not proof of absence.
Policy ENV3: Flooding Policy SS7- Addressing climate change NDP Policy ENV3 has been prepared as
parts of the NDP area are in areas where
Development proposals should be located Development proposals will be required to include measures there is a history of flooding. The Policy
in areas at low risk of flooding wherever which will mitigate their impact on climate change. guides development to areas at lower risk
possible. Development proposals in Flood At a strategic level, this will include: of flooding and requires proposals to
Zones 2 and 3 will be subject to the • focussing development to the most sustainable locations; provide effective surface water drainage
Sequential Test and (where appropriate)
23Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
Exception Tests in accordance with • delivering development that seeks to reduce the need to measures and to not adversely impact on
National Policy. Proposals also should have travel by private car and which encourages existing infrastructure.
regard to the Strategic Flood Risk sustainable travel options including walking, cycling and
Assessment for Herefordshire (SFRA). public transport; This is in general conformity with Core
• designing developments to reduce carbon emissions and Strategy Policy SS7 which requires
1. Where the management of surface use resources more efficiently; development proposals to minimise the
water drainage needs to be addressed, • promoting the use of decentralised and renewable or low risk of flooding and make use of
developers should utilise sustainable carbon energy where appropriate; sustainable drainage methods. Policy SD3
drainage systems (SUDS) where this is • supporting affordable, local food production, processing requires development to reduce flood risk
practicable. and farming to reduce the county’s contribution to food through the inclusion of flood storage
miles; compensation measures, or provide
2. Development on all sites should be • protecting the best agricultural land where possible; similar betterment to enhance the local
accompanied by detailed drainage flood risk regime.
proposals setting out the approach to foul Key considerations in terms of responses to climate change
drainage, storm water, SUDs and any include:
proposed flood alleviation, and • taking into account the known physical and environmental
infrastructure improvements including constraints when identifying locations for development;
permeable surfaces, and how these will be • ensuring design approaches are resilient to climate change
delivered effectively. impacts, including the use of passive solar
design for heating and cooling and tree planting for shading;
3. Existing utility infrastructure should • minimising the risk of flooding and making use of
not be compromised and mechanisms sustainable drainage methods;
should be put in place to avoid or mitigate • reducing heat island effects (for example through the
any possible pollution. provision of open space and water, planting and
green roofs);
• reduction, re-use and recycling of waste with particular
emphasis on waste minimisation on
development sites; and
• developments must demonstrate water efficiency
measures to reduce demand on water resources.
24Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
Adaptation through design approaches will be considered in
more locally specific detail in a Design Code Supplementary
Planning Document.
Policy SD3 – Sustainable water management and water
resources
Measures for sustainable water management will be required
to be an integral element of new development in order to
reduce flood risk; to avoid an adverse impact on water
quantity; to protect and enhance groundwater resources and
to provide opportunities to enhance biodiversity, health and
recreation. This will be achieved by ensuring that:
1. development proposals are located in accordance
with the Sequential Test and Exception Tests (where
appropriate) and have regard to the Strategic Flood Risk
Assessment (SFRA) 2009 for Herefordshire;
2. development is designed to be safe, taking into
account the lifetime of the development and the need to
adapt to climate change by setting appropriate floor levels,
providing safe pedestrian and vehicular access, where
appropriate, implementing a flood evacuation management
plan and avoiding areas identified as being subject to Rapid
Inundation from a breach of a Flood Defence;
3. where flooding is identified as an issue, new
development should reduce flood risk through the inclusion
of flood storage compensation measures, or provide similar
betterment to enhance the local flood risk regime;
4. development will not result in the loss of open
watercourse and culverts should be opened up where
possible to improve drainage and flood flows. Proposals
25Llangarron Neighbourhood Development Plan - Basic Conditions Statement, January 2021
Llangarron NDP Policy Herefordshire Local Plan Core Strategy 2011 - 2031 Policies, General Conformity
adopted October 2015
involving the creation of new culverts (unless essential to the
provision of access) will not be permitted;
5. development includes appropriate sustainable
drainage systems (SuDS) to manage surface water
appropriate to the hydrological setting of the site.
Development should not result in an increase in runoff and
should aim to achieve a reduction in the existing runoff rate
and volumes, where possible;
6. water conservation and efficiency measures are included
in all new developments, specifically:
• residential development should achieve Housing - Optional
Technical Standards - Water efficiency standards. At the time
of adoption the published water efficiency standards were
110 litres/person/ day; or
• non-residential developments in excess of 1,000 m2 gross
floorspace to achieve the equivalent of BREEAM 3 credits for
water consumption as a minimum;
7. the separation of foul and surface water on new
developments is maximised;
8. development proposals do not lead to deterioration of EU
Water Framework Directive water body status;
9. development should not cause an unacceptable risk to the
availability or quality of water resources; and
10. in particular, proposals do not adversely affect water
quality, either directly through unacceptable pollution of
surface water or groundwater, or indirectly through
overloading of Wastewater Treatment Works.
Development proposals should help to conserve and enhance
watercourses and riverside habitats, where necessary
through management and mitigation measures for the
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