Neighbourhood Planning Guidance Local Green Spaces

Neighbourhood Planning Guidance Local Green Spaces Introduction This guidance note has been produced for communities preparing neighbourhood plans in North Dorset to help them to identify, assess and designate green areas as Local Green Spaces. The Local Green Space designation is a way to protect green areas or open spaces against development where they are of particular importance to local communities. Local Green Space designations are made for use in Local Plans or Neighbourhood Plans. These plans can identify on a map ( designate ) green areas for special protection. Once designated, Local Green Spaces receive protection consistent with national Green Belt policy. This note outlines the National policy position for Local Green Spaces, the District Councils local context, including how Local Green Space relates to the Councils existing policy on Important Open / Wooded Areas (IOWA) and emerging Green Infrastructure Policy. The note sets out the step by step process for Local Green Space designation and includes a template assessment form to help communities evidence their neighbourhood plan. Please note that this guidance has been prepared in the context of the submission version of the North Dorset Local Plan 2011-2026 and could therefore be subject to change resulting from the forthcoming examination and inspectors report. National Planning Policy Framework (NPPF) The NPPF states the following: 76 Local communities through local and neighbourhood plans should be able to identify for special protection green areas of particular importance to them. By designating land as Local Green Space local communities will be able to rule out new development other than in very special circumstances. Identifying land as Local Green Space should therefore be consistent with the local planning of sustainable development and complement investment in sufficient homes, jobs and other essential services. Local Green Spaces should only be designated when a plan is prepared or reviewed, and be capable of enduring beyond the end of the plan period. 77 The Local Green Space designation will not be appropriate for most green areas or open space. The designation should only be used: where the green space is in reasonably close proximity to the community it serves; where the green area is demonstrably special to a local community and holds a particular local significance, for example because of its beauty, historic significance, recreational value (including as a playing field), tranquillity or richness of its wildlife; and where the green area concerned is local in character and is not an extensive tract of land. 78 Local policy for managing development within a Local Green Space should be consistent with policy for Green Belts. Additional guidance is provided in National Planning Practice Guidance (NPPG) - http://planningguidance.planningportal.gov.uk/blog/guidance/open-space-green-space-and-rightsof-way-2/local-green-space-designation/ 1

North Dorset Local Plan Local planning policy includes the saved policies of the North Dorset Local Plan 2003 and the emerging North Dorset Local Plan 2011-2026 Part 1 & 2. Part 1 of the Local Plan was submitted in December 2014 with an examination anticipated in 2015. Part 2 of the Local Plan will include site allocations. National policy makes provision for local communities to identify green areas of particular importance to them for special protection. Potential sites to be designated as Local Green Spaces will be identified through the Local Plan Part 2 document or through the neighbourhood planning process. Prior to that, the Important Open or Wooded Areas identified in the North Dorset Districtwide Local Plan 2003 will continue to be used for development management purposes. Green Infrastructure The emerging North Dorset Local Plan 2011-2026, Policy 15: Green Infrastructure proposes that Neighbourhood Development Plans should consider measures that assist in delivering key green infrastructure benefits and the objectives of the Green Infrastructure Strategy, including the designation of Local Green Space, where appropriate. Neighbourhood plans, when produced, should therefore seek the provision and enhancement of green infrastructure in line with this policy. They should also seek to deliver the key green infrastructure benefits (as set out in Figure 7.1), including on Local Green Spaces and Important Open or Wooded Areas, and contribute to the objectives of the future Green Infrastructure Strategy. The following table is taken from the North Dorset Local Plan 2011-2026 and identifies the different types of open space (Green Infrastructure) that might be considered suitable to be designated as Local Green Space. Figure 7.1: Types and Functions of Green Infrastructure Type Examples Primary Functions Outdoor recreation facilities, parks and gardens Amenity greenspace Natural and seminatural urban greenspaces Green corridors Sports pitches and greens, playgrounds, urban parks, formal gardens Informal recreation spaces, housing green spaces, country parks, landscape planting, green roofs, domestic gardens, trees, village greens, urban commons, other incidental space Nature reserves, woodland and scrub, grassland, heathlands, moors, wetlands, ponds, open and running water, landscape planting Rivers and canals including their banks and floodplains, trees, hedgerows, dry stone walls, road and rail corridors, cycling routes, pedestrian paths, rights of way Offer opportunities for sports, play and recreation and to enable easy access to the countryside (for example Blandford Leisure Centre and recreation ground) Creating attractive and pleasant built environments, providing community and private outdoor leisure space (for example The Slopes in Shaftesbury) Creating areas for biodiversity, access to education associated with the natural environment (for example Butts Pond Nature Reserve in Sturminster Newton) Creating a sustainable travel network promoting walking and cycling, enhancements to semi-natural habitats and integrating micro green infrastructure into urban areas (for example up and downstream of Lodden Bridge in Gillingham) 2

Local character areas Other Churchyards, treed areas, roadside verges, landscape screening, setting of a building, open gaps, views Allotments, community gardens, orchards, cemeteries and churchyards Creates a sense of character within a settlement contributing to the attractiveness of an area or building. (for example Church Field in Shillingstone) Providing accessible facilities to meet needs within settlements, enable local food production (for example Pond Walk allotments in Stalbridge) Important Open/Wooded Areas within Settlements Policy 1.9 Important Open or Wooded Areas (IOWA) is a saved policy of the North Dorset Local Plan 2003. The IOWAs were designated to protect the amenity and character of settlements from the pressure of infill development. All settlements were surveyed and where it was considered that an open or wooded area contributed significantly to the amenity and character of a settlement, it was designated as an Important Open or Wooded Area on the Proposals Map. Both public and privately owned areas of land were included. The most important criterion used for selection was the overall contribution that the IOWA gives in visual or amenity terms to public areas within the town or village, as set out in paragraph 1.54 of the 2003 Local Plan. School Playing Fields and Recreation Grounds were included within Settlement Boundaries and designated as IOWAs in view of their amenity value in both visual and recreational terms. Given the existing IOWA designation accords with the general principles of the Local Green Space designation in seeking to protect important open areas within settlements because of their amenity and character value it is advised that these designations should be taken into account when the designation of Local Green Spaces is being considered.. However, it should be noted that the Local Green Space designation may not be appropriate for all IOWAs. At the same time as green areas are designated as Local Green Spaces it is advised that IOWA designations should be reviewed / deleted so as to avoid any overlapping designations. The IOWA designations will continue to be saved until they are deleted either: through the North Dorset Local Plan Part 2: Site Allocations or a neighbourhood plan. If communities do not want to risk losing the protection from development that existing IOWA designations provide, it is recommended that they give consideration to designating these areas, where appropriate, as Local Green Spaces. Settlement boundaries / Countryside The North Dorset Local Plan 2011-2026, Policy 2: Core Spatial Strategy proposes that the settlement boundaries defined around the four main towns defined in the North Dorset Local Plan 2003 will be retained and continued to be used for development management purposes. The settlement boundaries of all other settlements are to be removed and subject to countryside policies unless new settlement boundaries are re-instated through a neighbourhood plan. Policy 20: Countryside of the emerging North Dorset Local Plan 2011-2026 clarifies that development outside the settlement boundaries and in the countryside, will only be permitted if it is a type appropriate in the countryside as set out in figure 8.5 or for any other type of development it can be demonstrated that there is an overriding need for it to be located in the countryside. The Local Green Space designation therefore will have two distinct roles depending on if the designation applies within the Settlement Boundary or the open countryside. Within the settlement boundaries of the towns and any villages with new boundaries established through Neighbourhood Plans, the Council s policy is supportive of sensitive infill development. The Local Green Space designation can therefore be used to protect green spaces within towns and villages where the community consider infill development to be inappropriate. 3

In the second scenario, at a settlement without a settlement boundary, the open countryside policy applies. This policy protects against inappropriate development through the approach outlined in Policy 20 but still allows essential rural needs (as set out in Figure 8.5) to be met. The role of the Local Green Space designation therefore changes in this scenario. It will in effect make it more difficult to meet essential rural needs in accordance with Figure 8.5 and beyond the Plan period on areas designated as Local Green Spaces, as even these forms of development could only be justified in very special circumstances. The community must therefore be very sure that they wish to protect that green area / open space, as future exceptions (e.g. a community facility such as a new village hall) would become more difficult to justify on such areas. The following table is taken from the North Dorset Local Plan 2011-2026 and sets out the types of development considered suitable in the open countryside. Figure 8.5 Policies Guiding Development in the Countryside Local Plan Section Type of Development Main Policy Development Management Policy Environment and Climate Change Renewable energy schemes 3 22 Meeting Housing Needs Supporting Economic Development Infrastructure Rural exception schemes 9 - Occupational dwellings 6 33 Re-use of heritage assets 5/6 29 Re-use of redundant or disused buildings 11 29 Sites for Gypsies, Travellers and Travelling Showpeople 12 26 The reuse of existing rural buildings 11 29 Redevelopment or expansion of existing employment sites 11 30 Equine-related developments 11 32 Rural tourist accommodation 11 31 Retention of community facilities (commercial and non-commercial) 14 27 New community facilities (non-commercial) 14 - Rural exception schemes It is important to note that Policy 9: Rural Exception schemes of the emerging North Dorset Local Plan 2011-2026 clarifies that rural exception schemes should not be located on Local Green Spaces identified in the Local Plan or neighbourhood plans. 4

Local Green Spaces Designation Process This section outlines the process for designating green areas as Local Green Spaces. Process of designating a Local Green Space Step 1: Identify green areas (use existing evidence or local nominations) Step 2: Assess green areas (using the template form to carry out an assessment) Step 3: Identify & contact landowners Step 4: Map preferred sites & draft a policy Step 5: Consult the community on the proposed designations (pre-submission consultation) Step 6: Submission (amend sites or policy in response to consultation and submit final version of the plan to North Dorset District Council) Step 1: Identify green areas The first step is to identify a list of green areas or open spaces to assess as potential Local Green Spaces. There are a variety of sources of information already published that can be used in this process. The Council s saved IOWA policy already designates 350 potential sites across the District for their local amenity and character value which should be considered. The Council s Open Space Audit identifies a further list of potential sites for their recreational value. The Council is also looking to prepare a Green Infrastructure Strategy that should again identify suitable sites. There may also be other local studies that identify important local spaces such as: Conservation Area Management Plans, Parish Plans or Town and Village design statements. Additionally, the community may wish to carry out its own survey of the town or village through a walking tour, mapping exercise or call for sites. One approach could be to have a large map of the town or village on display and ask people to nominate their important green spaces. Step 2: Assess green areas Once a list of green areas has been collated the community should then seek to assess their suitability against the criteria set out in Paragraphs 76-78 of the NPPF. To aid the site assessment process, North Dorset District Council has produced a template assessment form for use (Appendix 1). This will be useful evidence to support your plan making process. The form seeks to first clarify the name of the site and the area to which it relates. Some areas of land will have well defined names understood by the community, but other areas will not and in these circumstances it is suggested that the name adopted is descriptive of the locality. The site area could similarly be well defined but again there maybe occasions when the boundaries are not clear, in these circumstances a site visit may helpful to form a clear understanding. In formal policy terms the site area must be clearly defined on a map, as designations will have a legal weight once the neighbourhood plan is made. 5

The template site assessment form is then broken up into two tables. The first table sets out five criteria 1.1-1.5 that all green areas should meet in order to be suitable to designate. The template includes an explanation and policy prompt for each criterion which should be completed in as much detail as practical. The second table seeks to draw out what it is about the space which makes it demonstrably special to a local community. A green space should meet at least one of the table 2 criteria, although some spaces may meet more than one of the criteria. The final section of the form seeks to resolve the assessment and reach a clear conclusion on whether or not the site is suitable for designation as a Local Green Space. It is advised that sites not considered to be suitable have a clear explanation as why not. It is suggested that all the site assessment forms (including sites not taken forward) are collated into a single document as evidence; this could include a short summary of the process undertaken. Step 3: Identify & contact landowners Planning Practice Guidance clarifies that a Local Green Space does not need to be in public ownership. However, the local planning authority (in the case of local plan making) or the qualifying body (in the case of neighbourhood plan making) should contact landowners at an early stage about proposals to designate any part of their land as Local Green Space. As such, landownership should be identified at the earliest opportunity and owners informed of the proposed designation. For a small fee landownership can be determined through a land registry search if not already known. Once an owner has been identified, it is advised that a letter is then sent to the landowner informing them of the status of the proposed designation in Planning terms, the outcome of the assessment and the process by which they can comment. Landowners will then have opportunity to make representations in respect of proposals in a draft plan. Step 4: Map preferred sites & draft policy At the conclusion of the assessment process a preferred list of potential sites can then be taken forward into the draft Plan. The Council will be able to map the preferred sites on an OS base map of the town or village and assist with preparing a draft policy. As the NPPF sets out clearly the criteria for designating a Local Green Space and its protection; a draft policy does not need to be overly complex. A model policy taken from the Arundel Neighbourhood Plan is identified by Locality in their Policy Writing guidance note as a good example. http://mycommunityrights.org.uk/wpcontent/uploads/2012/04/writing-planning-policies-v51.pdf Step 5: Consult the community on proposed designations The policy and proposals map delineating the designated areas should form a section in the draft neighbourhood plan which should go out for consultation for at least six weeks. Step 6: Submission Any consultation responses received to the consultation should be considered and the policy wording and maps amended before finally being submitted to the Council for a further six week public consultation. The Neighbourhood Plan will then be examined before going to referendum and formally made by the Council. 6

Frequently asked questions What types of green area can be identified as Local Green Space? Whether to designate land is a matter for local discretion. For example, green areas could include land where sports pavilions, boating lakes or structures such as war memorials are located, allotments, or urban spaces that provide a tranquil oasis. What if land is already protected by designations such as Area of Outstanding Natural Beauty, Site of Special Scientific Interest, Scheduled Monument or conservation area? Different types of designations are intended to achieve different purposes. If land is already protected by designation, then consideration should be given to whether any additional local benefit would be gained by designation as Local Green Space. What about new communities? New residential areas may include green areas that were planned as part of the development. Such green areas could be designated as Local Green Space if they are demonstrably special and hold particular local significance. Is there a minimum area? There is no lower size limit for a Local Green Space. 7

Appendix 1: Local Green Spaces Template Assessment Form Space Details Code Criteria Space Details SD1 Name of the Space Insert Name SD2 Space description Describe the space e.g. use of the land / size of site / boundaries / key features SD3 Has a map of the space been provided? Yes / No Table 1: Local Green Space Criteria All criteria must be met Code Criteria Explanation / policy prompt 1.1 Land is not subject of a planning permission for development. 1.2 Space is not allocated or proposed for development in the Local or Neighbourhood Plan. (Unless it can be shown that the Local Green Space could be incorporated within the site as part of the allocated development) Local Green Space designation will rarely be appropriate where the land has planning permission for development. Exceptions could be where the designation would be compatible with the planning permission or where planning permission is no longer capable of being implemented. (NPPG Paragraph: 008 Reference ID: 37-008-20140306) Information on planning permissions is available from: http://planning.north-dorset.gov.uk/online-applications/ Does the proposed space have planning permission? Local Green Spaces should be consistent with the local planning of sustainable development and complement investment in sufficient homes, jobs and other essential services. (NPPF Paragraph 76) Designating any Local Green Space will need to be consistent with local planning for sustainable development in the area. In particular, plans must identify sufficient land in suitable locations to meet identified development needs and the Local Green Space designation should not be used in a way that undermines this aim of plan making. (NPPG Paragraph: 007 Reference ID: 37-007-20140306) The space should be capable of enduring beyond the plan period. (NPPF Paragraph 76) Further information on the North Dorset Local Plan is available from: https://www.dorsetforyou.com/northdorsetsubmittedlocalplan Is the proposed space a Local Plan or Neighbourhood Plan allocation or proposed site? 8

1.3 The space is not an extensive tract of land and is local in character 1.4 The space is within close proximity of the community it serves 1.5 The space is demonstrably special to the local community and holds particular local significance. Local Green Space designation should only be used where the green area is not an extensive tract of land. Blanket designation of open countryside adjacent to settlements will not be appropriate. (NPPG Paragraph: 015 Reference ID: 37-015- 20140306) Does the proposed space have clearly defined edges? Does the space feel local in character and scale? How does the proposed space connect physically, visually and socially to the local area? The proximity of a Local Green Space to the community it serves will be depend on local circumstances including why the green area is seen as special, it must be reasonably close. For example if public access is a key factor, then the site would normally be within easy walking distance of the community served. (NPPG Paragraph: 014 Reference ID: 37-014-20140306) How close is the space to the community it serves? Where are the nearest centres of population? Local green spaces may be designated where those spaces are demonstrably special to the local community, whether in a village or a neighbourhood in a town. (NPPG Paragraph: 009 Reference ID: 37-009-20140306) The space must be demonstrably special by meeting at least one of criterion 2.1 2.6, in Table 2. Does the space have a friends group? Is the proposal to designate supported by any of the following: A friends group, local community groups, a parish plan, the Town/Parish Council, the Ward member(s)? Table 2: Demonstrably special to a local community At least one criterion must be met Code Criteria Explanation / policy prompt 2.1 The proposed space is of particular local significance because of its beauty How is the proposed space of particular local significance, in respect of its beauty? Does the space contribute to the visual attractiveness of the townscape or character / setting of the settlement? Is the space covered by other landscape or townscape designations? (e.g. Area of Outstanding Natural Beauty or Conservation Area) 9

2.2 The proposed space is of particular local historic significance 2.3 The proposed space is of particular local significance because of its recreational value 2.4 The proposed space is of particular local significance because of its tranquillity How is the proposed space of particular local significance, in respect of its historic significance? Further information on heritage is available from: http://explorer.geowessex.com/ Does the proposed space or elements of the space have local historical significance? (e.g. conservation area) Are there any historic buildings or structures in the space? (e.g. listed building or scheduled monument) Are there any important historic landscape features on the space? (e.g. veteran trees or old hedgerows) Does the space have a historic literature or art connection? How is the proposed space of particular local significance, in respect of its recreational value? There is no need to designate linear corridors as Local Green Space simply to protect rights of way, which are already protected under other legislation. (NPPG Paragraph: 018 Reference ID: 37-018-20140306) What variety of recreational activities does the space support? (e.g. the space is used for playing sport and for informal recreation) Is the space already identified in the Councils Open Space study? How is the proposed space of particular local significance, in respect of its tranquillity? Why is the space considered to be tranquil? Is the space used for quiet reflection? 10

2.5 The proposed space is of particular local significance because of its richness of wildlife 2.6 The proposed space is of particular local significance because of another reason not covered by criteria 2.1-2.5. How is the proposed space of particular local significance, in respect of its richness of wildlife? Further information on biodiversity is available from: http://explorer.geowessex.com/ Is the proposed space formally designated for its wildlife value? (e.g. is it a SSSI, SNCI or Local Nature Reserve). Are any important habitats or species found in the space? Does the proposed space support species of fauna or flora? (e.g. protected under the Wildlife & Countryside Act 1981 (as amended), Countryside and Rights of Way Act 2000 or Habitat Regulations 2010, Section 41 of the Natural Environment & Rural Communities Act 2006) Does the proposed space support species of birds listed on the Red, Amber or Green Lists of Species of Conservation Concern or notable assemblage of invertebrates? Does the proposed space support irreplaceable habitats such as ancient semi-natural woodland and veteran trees? Does the proposed space function as part of a wildlife corridor or green infrastructure enabling the dispersal of species of flora and fauna? Are there any other reasons why the proposed space has a particular local significance for the local community? Conclusion of Assessment Code Criteria Conclusion of Assessment CA1 CA2 Have all the Local Green Space criteria (in Table 1) been met? Why is the area considered to be demonstrably special to the local community Is the space suitable as a Local Green Space? Yes / No List relevant criterion / criteria (from Table 2) Yes / No. If not, explain why not. CA3 Landowner details: Landowner contact details: CA4 Has the landowner been informed at an early stage about the proposal to designate any part of their land? Letter attached? Yes / No 11