Thame Neighbourhood Development Plan Proposal Condition Statement.pdf · Thame Neighbourhood Plan:...

Town and Country Planning Act 1990 (as amended)Paragraph 8(2) of Schedule 4B StatementSubmission Date: 29th November 2012

Thame Neighbourhood Development Plan Proposal

by Thame Town Council as the Qualifying Body for the Thame Neighbourhood Plan Area comprising the Parish of Thame as shown on the plan below.

Thame

Moreton

Parish boundary

1. INTRODUCTION

2. BASIC CONDITIONS

3. NATIONAL POLICIES AND ADVICE

4. CONTRIBUTION TO THE ACHIEVEMENT OF SUSTAINABLE DEVELOPMENT

5. GENERAL CONFORMITY WITH THE STRATEGIC POLICIES OF THE DEVELOPMENT PLAN FOR THE AREA

6. EU OBLIGATIONS

7. CONCLUSIONS

APPENDIX A: AREA DESIGNATION AND DECISION LETTER

❚ Contents

DOCUMENTS:

Thame Neighbourhood Development Plan Examination Version

Supported by:

■ Consultation Statement

■ Sustainability Appraisal

■ Evidence Base Summary

■ Delivery Strategy

Thame Neighbourhood Plan: Basic Conditions Statement

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1. INTRODUCTION 1.1 This Basic Conditions Statement has been prepared by Tibbalds Planning & Urban Design

Ltd as part of its work on the Thame Neighbourhood Development Plan on behalf of Thame Town Council. The parish of Thame has been designated a qualifying area and the Town Council is a qualifying body. See Appendix 1 for the South Oxfordshire District Council designation letter.

2. BASIC CONDITIONS 2.1 Paragraph 8 of Schedule 4B to the Town and Country Planning Act 1990 (as amended)

[excluding 2b, c, 3 to 5 as required by 38C(5)] sets out that Neighbourhood Development Plans must meet the following basic conditions: 7. Neighbourhood Development Plans must meet the following basic conditions. (1) The examiner must consider the following — (a) whether the draft neighbourhood development plan meets the basic conditions (see sub-paragraph (2)), (b) whether the draft neighbourhood development plan complies with the provision made by or under sections 61E(2), 61J and 61L, (d) whether the area for any referendum should extend beyond the neighbourhood area to which the draft neighbourhood development plan relates, and (e) such other matters as may be prescribed. (2) A draft neighbourhood development plan meets the basic conditions if— (a) having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the neighbourhood development plan, (d) the making of the neighbourhood development plan contributes to the achievement of sustainable development, (e) the making of the neighbourhood development plan is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area), (f) the making of the neighbourhood development plan does not breach, and is otherwise compatible with, EU obligations, and (g) prescribed conditions are met in relation to the neighbourhood development plan and prescribed matters have been complied with in connection with the proposal for the neighbourhood development plan. (6) The examiner is not to consider any matter that does not fall within sub-paragraph (1) (apart from considering whether the draft neighbourhood development plan is compatible with the Convention rights).

2.2 Whether the draft Neighbourhood Development Plan meets the basic conditions as required by 1(a) and sub-paragraph 2 is set out in Sections 3 – 7 of this Basic Conditions Statement. The remainder of this Section 2 addresses the requirements under paragraphs 1(b), 1(d), and 1(e).

Paragraph 1(b)

2.3 The provision of 61E(2), 61J and 61L as amended by s38C(5)(b) is a reference to the provision of 38A and 38B. In relation to the provisions of 38 A and 38B the following is submitted:


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38A

1) Thame Town Council is a qualifying body and entitled to submit a Neighbourhood Development Plan (NDP) for its own parish.

2) The Thame NDP expresses policies relating to the development and use of land within the neighbourhood area.

3) to 12) are essentially post examination procedures.

38B

1) a) The period of the NDP is up to 2027 or 15 years. This period has been chose to align the NDP with the dates of the South Oxfordshire Core Strategy 2027 prepare by South Oxfordshire District Council. b) The NDP does not include any provision for excluded development such as national infrastructure c) The NDP does not relate to more than one neighbourhood area. It relates to the Thame Neighbourhood Area as designated by South Oxfordshire District Council on 12 April 2012. 2) There is no other NDP in place in this neighbourhood area. 3) Refers to conflicts within the NDP. 4) Refers to regulations that the SoS may make relating to NDPs. Such regulations are 2012 No 637 The Neighbourhood Planning (General) Regulations 2012 which have been used to inform the process of making the Thame NDP. These regulations set out the process by which neighbourhood plans are to be made and set out • the consultation bodies for NDPs. These have been included in the Consultation

Statement. • that NDPs which are likely to have a significant effect on European Sites (habitats)

must be subject to an appropriate assessment. The Thame NDP has been subject to Sustainability Appraisal incorporating the requirements of Strategic Environmental Assessment. The SODC Core Strategy has undertaken a Habitats Regulations Assessment (HRA). The screening exercise for the Thame NDP concluded that there are no European sites that would be affected by the proposals within the Thame NDP, and it was agreed that an HRA was not necessary.

• that NDO may be subject to an Environmental Impact Assessment (not relevant for NDPs).

5) Refers to the publication of NDPs 6) Clarifies what is excluded development

Paragraph 1(d)

2.4 It is not considered that there is any benefit in extending the area for the referendum beyond the Designated Neighbourhood Plan Area.

Paragraph 1(e)

2.5 There are no other prescribed matters.


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3. NATIONAL POLICIES AND ADVICE 3.1 The National Planning Policy Framework (NPPF) in sections 183 - 185 refers to

Neighbourhood Plans and seeks that those plans have regard to the policies in the NPPF and to be in ‘general conformity’ with the Strategic Policies of the Local Plan. This phrasing is slightly different than the legal requirement which is set out in the Act refers to the ‘adopted Development Plan’.

3.2 This section demonstrates that the Thame NDP has regard to relevant policies within the NPPF in relation to: • Building a strong, competitive economy • Ensuring the vitality of town centres • Promoting sustainable transport • Delivering a wide choice of high quality homes • Requiring good design • Promoting healthy communities • Meeting the challenge of climate change, flooding and coastal change • Conserving and enhancing the natural environment • Conserving and enhancing the historic environment

Building a strong, competitive economy

3.3 The NPPF states in paragraph 21 that ‘Planning should operate to encourage and not act as an impediment to sustainable growth….. Planning policies should recognise and seek to address potential barriers to investment, including a poor environment or any lack of infrastructure, services or housing. In drawing up Local Plans, local planning authorities should: • identify strategic sites … to meet anticipated needs over the plan period; • support existing business sectors; • identify priority areas for economic regeneration, infrastructure provision and

environmental enhancement; and • facilitate flexible working practices such as the integration of residential and

commercial uses in the same unit.

3.4 The NPPF states in paragraph 22 that ‘Planning policies should avoid the long term protection of sites allocated for employment use where there is no reasonable prospect of a site being used for that purpose…… Where there is nor reasonable prospect of a site being used for the allocated employment use, applications for alternative uses of land or buildings should be treated on their merits having regard to market signals and the relative need for different land uses to support sustainable local communities.’

3.5 The Thame NDP sets out the following policies that aim to build a strong, competitive economy:

8A-P7: Retain small scale employment in the town centre

8A-P10: Encourage a diverse range of uses in the town centre by supporting new office and retail uses on upper floors

8B-P1: Allocate a minimum of 2 hectares of land for new employment

8C-P1: Retain existing employment land in employment use

8C-P2: Support improvement to existing employment areas

3.6 These policies meet the NPPF’s aims by: supporting Thame’s diverse range of business sectors (from small professional offices in the town centre to large B2/B8 uses); allocating a strategic site; and facilitating flexible working by supporting small-scale uses in the town centre.

3.7 Whilst seeking to protect existing employment sites, the Thame NDP recognises that some sites may cease to be able to support an economically viable employment use within the lifetime of the Plan. Policies 8A-P7 and 8C-P1 have regard to the NPPF by incorporating


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the flexibility for a change to non-employment uses if the site has been marketed for freehold or leasehold at a reasonable price for at least a year without restriction.

Ensuring the vitality of town centres

3.8 The NPPF states in paragraph 23 that: ‘Planning policies should be positive, promote competitive town centre environments and set out policies for the management and growth of centres over the plan period.’ The NPPF goes on to set out the issues that Local Authorities should consider in drawing up Local Plans, and those of particular relevance to Thame are: • recognise town centres as the heart of their communities and pursue policies to

support their viability and vitality; • define the extent of town centres and primary shopping areas, based on a clear

definition of primary and secondary frontages in designated centres, and set policies that make clear which uses will be permitted in such locations;

• promote competitive town centres that provide customer choice and a diverse retail offer and which reflect the individuality of town centres;

• allocate a range of suitable sites to meet the scale and type of retail, leisure, commercial, office, tourism, cultural, community and residential development needed in town centres. It is important that needs for retail, leisure, office and other main town centre uses are met in full and are not compromised by limited site availability; and

• recognise that residential development can play an important role in ensuring the vitality of centres and set out policies to encourage residential development on appropriate sites.

3.9 The Thame NDP sets out the following policies to ensure the vitality of the town centre: 8A-P1: Locate new retail development in the town centre 8A-P2: Retain and enhance primary and secondary retail frontages 8A-P3: Redevelop the postal sorting office and/or telephone exchange for retail 8A-P4: Develop the Fire Station site for a use that supports the own centre 8A-P5: Develop land at 10 High Street for a use that supports the town centre 8A-P7: Retain small scale employment in the town centre 8A-P8: Encourage a diverse range of uses in the town centre by supporting new

residential use on upper floors 8A-P9: Encourage a diverse range of uses in the town centre by avoiding loss of

residential uses 8A-P10: Encourage a diverse range of uses in the town centre by supporting new office

and retail uses on upper floors 8D-P1: Redevelop the Cattle Market site for mixed-use 8D-P2: Ensure that redevelopment of the Cattle Market site incorporates key principles

to relate it positively to the wider town

3.10 A guiding principle underpinning the Thame NDP as a whole is to maintain the town’s identity and character as a compact market town. This means focusing retail, cultural and community facilities within the town centre, and supporting these by encouraging residential and employment uses. The above policies meet the NPPF’s aims by: • defining the town centre, and the primary and secondary retail frontages within it; • identifying development sites to meet in full the anticipated retail needed to 2027; • setting policies that make clear which uses will be permitted in such locations; • reflecting the individuality of Thame town centre in identifying retail sites, and seeking

to reinforce its character by locating new town centre uses to support the existing High Street; and

• encouraging the retention of existing residential uses and the development of new residential.


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Promoting sustainable transport

3.11 The NPPF states in paragraph 29 that: ‘The transport system needs to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel. In preparing Local Plans, local planning authorities should therefore support a pattern of development which, where reasonable to do so, facilitates the use of sustainable modes of transport.’

3.12 The NPPF goes on to state in paragraph 35: ‘Plans should protect and exploit opportunities for the use of sustainable transport modes for the movement of goods or people.’ The NPPF advises that, where practical, development should be located and designed to take a number of issues into account, including: • accommodating the efficient delivery of goods and supplies; • giving priority to pedestrian and cycle movements, and have access to high quality

public transport facilities; and • creating safe and secure layouts which minimise conflicts between traffic and cyclists

or pedestrians, avoiding street clutter and where appropriate establishing home zones.

3.13 The NPPF also notes in paragraph 37 that ‘Planning policies should aim for a balance of land uses within their area so that people can be encouraged to minimise journey lengths for employment, shopping, leisure, education and other activities.’

3.14 There are two types of policy within the Thame NDP that relate to sustainable transport: • policies within Section 2, that set out requirements for integration of residential sites

and policies relating to movement, in Chapter 9 Getting Around; and • policies within Section 3, that allocate specific residential development sites and set

out requirements for connections to the wider town.

3.15 The Section 2 policies are as follows:

7A-P1: Allocate land for 775 new homes

7B-P1: Integrate allocated sites

7B-P2: Integrate windfall sites

9A-P1: New development to provide good pedestrian and cycle connections to the town centre and other local destinations

9B-P1: Include a strategy for improving pedestrian and cycle connections within Thame in a Green Living Plan

9C-P1: Developer contributions required to support the provision of a cycle route to Haddenham and Thame Rail Station

9D-P1: Encourage better planning of public transport

9E-P1: Retain public parking on the Cattle Market site

3.16 In allocating land for 775 new homes, the Thame NDP has been guided not only by planning policy considerations but also by objectives developed in consultation with local people. The key objective is Objective 7B: Integrate new housing into Thame. The supporting text to this objective explains that: ‘The vision for Thame is to ensure that the town continues to feel ‘compact’. This means that new housing should be well integrated into the town, avoiding a single large development that is perceived as a separate place. This will ensure that residents in the new homes feel integrated with the existing community. Dispersing new housing development across a range of sites will help to ensure that these sites are of a size that avoids dominating the local area.’

3.17 In allocating sites to meet Objective 7B, the Thame NDP has had regard to sustainable transport: • the majority of new homes will be within 20 minutes’ walking distance of the town

centre; • all new homes will be within a maximum walking distance of 750 metres (10 minutes)


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to an existing bus stop; and • all new homes will be within easy cycling distance of the town centre.

3.18 The Thame NDP policies require that all new development provides good links within the development and to the wider town. ‘Good links’ include short, direct routes for pedestrians and cyclists. However, the Thame NDP recognises that routes not only need to be direct, but also need to be attractive and safe if they are to be well used. Design policies 11H-P9 and 11H-P10 set out requirements for achieving safe and attractive routes.

Delivering a wide choice of high quality homes

3.19 The NPPF sets out requirements in paragraph 47 for local planning authorities to significantly boost the supply of housing. This includes: • identifying a supply of specific, developable sites or broad locations for growth for

years 6-10 and, where possible, for years 11-15. To be considered developable, sites should be in a location suitable for housing development and there should be a reasonable prospect that the site is available and could be viably developed at the point envisaged; and

• setting out the local authority’s own approach to housing density to reflect local circumstances.

3.20 The Thame NDP identifies sites to deliver the 775 new homes required by South Oxfordshire’s Core Strategy by 2027. These are set out in Policy 7A-P1 and the site-specific policies in Section 3. In allocating sites, the Thame NDP has had regard to: • the suitability of the location for housing development, which has included

consideration of factors such as: sustainable transport choices; location of flood zones; and landscape and visual impact;

• the likely availability of the site, which has involved discussions with landowners and submission of evidence from them; and

• the viability of development using viability studies undertaken by landowners / developers. These studies have taken into consideration the infrastructure requirements of policies within the South Oxfordshire Core Strategy and the Thame NDP.

3.21 In allocating sites for residential development, the introduction to Section 3 of the Thame NDP sets out how the plan has taken local circumstances into consideration in setting residential densities for allocated sites. These densities accord with those required by the South Oxfordshire Core Strategy, and take into consideration issues such as the need to provide for substantial landscape buffers to mitigate visual impact.

3.22 In paragraph 50, the NPPF encourages the delivery of a wide choice of high quality homes, widening opportunities for home ownership and creating sustainable, inclusive and mixed communities. This is reflected in the following objectives that were developed in consultation with local people: • Objective 7C: Provide a greater range of affordable housing • Objective 7D: Provide a range of different housing types

3.23 To deliver these objectives, the Thame NDP sets policies in relation to dwelling mix and affordable housing. These are: 7C-P1: Provide affordable housing 7D-P1: Provide a mix of housing types D-P2: Provide a Thame-specific affordable housing and dwelling mix strategy


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Requiring good design

3.24 The NPPF attaches great importance to the design of the built environment and states in paragraph 56 that: ‘Good design is a key aspect of sustainable development, is indivisible from good planning and should contribute positively to making places better for people.’

3.25 The NPPF goes on to state in paragraph 58: ‘Local and neighbourhood plans should develop robust and comprehensive policies that set out the quality of development that will be expected for the area. Such policies should be based on stated objectives for the future of the area and an understanding and evaluation of its defining characteristics. Planning policies and decisions should aim to ensure that developments: • will function well and add to the overall quality of the area, not just for the short term

but over the lifetime of the development; • establish a strong sense of place, using streetscapes and buildings to create attractive

and comfortable places to live, work and visit; • optimise the potential of the site to accommodate development, create and sustain an

appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks;

• respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation;

• create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and

• are visually attractive as a result of good architecture and appropriate landscaping.’

3.26 The NPPF is clear that design policies should avoid unnecessary prescription or detail. The NPPF states in paragraph 60 that: ‘Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness.’

3.27 The Thame NDP places a strong emphasis on design interpreting the community’s desire to ensure that new development responds to the local character of the town’s built and natural environment. The policies that seek to secure good design are:

7B-P3: Design new development to be of high quality

8D-P2: Ensure that the redevelopment of the Cattle Market site incorporates key principles to relate it positively to the wider town

11H-P1: Developers must demonstrate in a Design and Access Statement how their proposed development reinforces Thame’s character

11H-P2: Development must relate well to its site and its surroundings

11H-P3: Development must make a positive contribution towards the distinctive character of the town as a whole

11H-P4: New development must contribute to local character by creating a sense of place appropriate to its location

11H-P5: The Design and Access Statement and accompanying drawings must provide sufficient detail for proposals to be properly understood

11H-P6: Building style must be appropriate to the historic context

11H-P7: Development proposals, particularly when sited on the edge of Thame or adjoining Cuttle Brook, must maintain visual connections with the countryside

11H-P8: The visual impact of new development on views from the countryside must be minimised

11H-P9: Streets within new development must be designed as pleasant places to be as well as channels for movement


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11H-P12: Design new buildings to reflect the three-dimensional quality of traditional buildings

11H-P13: Design in the ‘forgotten’ elements from the start of the design process

11H-P15: Design car parking so that it fits in with the character of the proposed development

3.28 In addition to the above policies, the site-specific policies in Section 3 set out requirements in relation to: location of open space; dwelling density; building height; landscape and visual impact; and routes and linkages.

3.29 The Thame NDP has therefore had regard to the NPPF in setting out clear, comprehensive design policies that seek to reinforce local distinctiveness whilst also providing developers and their design teams with the freedom to pursue innovative approaches.

Promoting healthy communities

3.30 The NPPF recognises in paragraph 69 that creating a shared vision with communities of the residential environment and facilities they wish to see in their town is important, and encourages local authorities to involve all sections of the community in the development of Local Plans. The process of producing the Thame NDP has involved extensive consultation and engagement with local people, and this is recorded in the Consultant Report and supporting documents.

3.31 The NPPF provides policy in relation to three key types of community facility: • community facilities such as meeting places, sports venues and places of worship’ • schools; and • open space.

3.32 Community facilities: The NPPF sets out in paragraph 70 that planning policies should: • plan positively for the provision and use of shared space, community facilities (such as

local shops, meeting places, sports venues, cultural buildings, public houses and places of worship) and other local services to enhance the sustainability of communities and residential environments;

• guard against the unnecessary loss of valued facilities and services, particularly where this would reduce the community’s ability to meet its day-to-day needs;

• ensure that established shops, facilities and services are able to develop and modernise in a way that is sustainable, and retained for the benefit of the community; and

• ensure an integrated approach to considering the location of housing, economic uses and community facilities and services.

3.33 As set out above, a guiding principle underpinning the Thame NDP as a whole is to maintain the town’s identity and character as a compact market town. This means focusing retail, cultural and community facilities within the town centre. To achieve an integrated approach, the allocation of land for new housing within the Thame NDP has ensured that the town centre is easily accessible to new residents.

3.34 The Thame NDP plans positively for community facilities with the following policies:

7B-4B: Provide new facilities 8D-P1: Redevelop the Cattle Market site for mixed-use 10A-P1: Allocate land for a new community facility 10D-P1: Developer contributions required towards improving healthcare facilities 11E-P1: Produce a sports facilities strategy


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3.35 Schools: The NPPF states that local planning authorities should ‘give great weight to the need to create, expand or alter schools’ to ensure that a sufficient choice of school places is available to meet the needs of existing and new communities.

3.36 The Thame NDP has had regard to likely demand for school places arising from new development as guided by Oxfordshire County Council. Policy 10C-P1 allocates land for a new primary school. Developer contributions to secure the primary school are identified in the Delivery Strategy that supports the Thame NDP.

3.37 Should a new school not be required and expansion of an existing primary school be sufficient, the Delivery Strategy sets out that developer contributions will be required. Policy 12A P1, Provide appropriate new facilities, provides the link between the Thame NDP and the Delivery Strategy’s requirements.

3.38 Open space: The NPPF states that: ‘Access to high quality open spaces and opportunities for sport and recreation can make an important contribution to the health and well-being of communities.’ It goes on to state: ‘Planning policies should be based on robust and up-to-date assessments of the needs for open space, sports and recreation facilities and opportunities for new provision.… Information gained from the assessments should be used to determine what open space, sports and recreational provision is required.’

3.39 The NPPF is clear in its protection of existing open space, where it states: ‘Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless: • an assessment has been undertaken which has clearly shown the open space,

buildings or land to be surplus to requirements; or • the loss resulting from the proposed development would be replaced by equivalent or

better provision in terms of quantity and quality in a suitable location; or • the development is for alternative sports and recreational provision, the needs for

which clearly outweigh the loss.’

3.40 The Thame NDP has had regard to South Oxfordshire District Council’s ‘Open Space, Sport and Recreation Facility Assessment’ (April 2008) in developing policies relating to open space. These policies are:

11A-P1: Protect existing open spaces

11B-P1: Provide new allotments

11B-P2: Provide public open space on windfall sites

11C-P1: Improve Elms Park

11C-P2: Improve Southern Road Recreation Area

11C-P3: Improve open spaces within Lea Park

11D-P1: Sites C, D and F to provide riverside walks

3.41 In addition to the above policies, the site-specific policies within Section 3 set out requirements for open space in the allocated residential sites.

3.42 The Lord Williams’s Lower School Site is allocated for residential development and open space. This will facilitate the amalgamation of the Upper and Lower Schools onto the Upper School site to the west of Thame. Lord Williams’s School is undertaking feasibility work on the amalgamation of the school, and this has included early discussions with Sport England on the loss of existing playing fields and their replacement elsewhere within the town. Lord Williams’s School intends that the replacement playing fields will be a facility that is available to the local community. Combined with the aspirations of existing sports clubs within Thame to relocate and/or upgrade their facilities, this has led to the development of Policy 11E-P1, Produce a sports facilities strategy, which seeks to coordinate sports provision within the town.


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Meeting the challenge of climate change, flooding and coastal change

3.43 The NPPF sets out in paragraph 95 that, to support the move to a low carbon future, local planning authorities should: • ‘plan for new development in locations and ways which reduce greenhouse gas

emissions; • actively support energy efficiency improvements to existing buildings; and • when setting any local requirement for a building’s sustainability, do so in a way

consistent with the Government’s zero carbon buildings policy and adopt nationally described standards.’

3.44 As set out in paragraph 3.17 above, in allocating sites for development the Thame NDP has had regard to the need for sustainable transport, thus reducing greenhouse gas emissions associated with travel to and from new development.

3.45 In addition to considering the location of new development, the Thame NDP includes the following policies that have regard to the need to move to a low carbon future and mitigate the impacts of climate change:

11F-P1: Incorporate sustainable urban drainage into new development

11F-P2: Applications for new development to provide a drainage strategy

11G-P1: New dwellings: code for sustainable homes

11G-P2: Produce a Green Living Plan

3.46 The NPPF requires that new development should be planned to avoid increased vulnerability to the range of impacts arising from climate change. This includes directing development away from areas of flood risk. The allocation of sites for new development in the Thame NDP has had regard to flood risk, ensuring that developments avoid flood risk areas and incorporate appropriate drainage to reduce the risk of flooding.

Conserving and enhancing the natural environment

3.47 The NPPF states in paragraph 109 that the planning system should contribute to and enhance the natural and local environment by a range of means, including: • ‘protecting and enhancing valued landscapes, geological conservation interests and

soils; • recognising the wider benefits of ecosystem services; and • minimising impacts on biodiversity and providing net gains in biodiversity where

possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.’

3.48 The Thame NDP has had regard to the NPPF in the allocation of development sites, which has been informed by an analysis of: areas of landscape value and quality; visual impact; existing areas of nature conservation value; and potential for enhancement of biodiversity. In allocating sites, the Thame NDP has balanced the need to protect and enhance the natural environment with other policy considerations such as access to sustainable transport.

3.49 In addition to considering the location of new development, the Thame NDP includes the following policies that seek to conserve and enhance the natural environment: 11A-P1: Protect existing open spaces 11A-P2: Locate new open space so that it connects with other open spaces 11D-P1: Sites C, D and F to provide riverside walks 11G-P2: Produce a Green Living Plan


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3.50 Section 3’s site-specific policies include requirements to enhance the natural environment and biodiversity of Thame. In particular:

Policy A1: Site F - requires a natural green space extending the Cuttle Brook Nature Reserve;

Policy A2: Site C – requires a natural green space adjacent to Cuttle Brook;

Policy A3: Site D - requires a natural green space adjacent to Cuttle Brook; and

Policy A7: Site C - requires a natural green space adjacent to Cuttle Brook.

Conserving and enhancing the historic environment

3.51 The NPPF sets out in paragraph 126 that: ‘Local planning authorities should set out in their Local Plan a positive strategy for the conservation and enjoyment of the historic environment…… In doing so, they should recognise that heritage assets are an irreplaceable resource and conserve them in a manner appropriate to their significance. In developing this strategy, local planning authorities should take into account: • the desirability of sustaining and enhancing the significance of heritage assets and

putting them to viable uses consistent with their conservation; • the wider social, cultural, economic and environmental benefits that conservation of

the historic environment can bring; • the desirability of new development making a positive contribution to local character

and distinctiveness; and • opportunities to draw on the contribution made by the historic environment to the

character of a place.’

3.52 There are two conservation areas within the Thame NDP area: Thame Conservation Area which is focused around the High Street, and Moreton Conservation Area, which covers most of the village of Moreton. There are over 200 listed buildings within Thame, the majority of which are located within the Thame Conservation Area. There are 11 listed buildings within Thame.

3.53 The overall vision for Thame is to maintain Thame’s character as an historic market town, and the site allocations and policies collectively support this vision.

3.54 One allocated site is of particular heritage significance. Land at The Elms is located within the centre of Thame to the west of Elms Park and is adjacent to The Elms, a Grade II listed building. The site lies within the Thame Conservation Area. Other nearby listed buildings and structures include: • the Poplars, a Grade II listed early 20th century house; • the Grade II listed War Memorial; and • Gallup Poll Garfield, a Grade II* listed building.

3.55 A heritage assessment has been carried out by the landowners to support sketch designs for residential development of the site. These have been discussed with South Oxfordshire District Council’s Conservation Officer and with English Heritage. Both organisations initially had concerns about the proposed development, which originally comprised 60 new dwellings. The discussions highlighted the benefits the proposed development would bring to Thame, particularly in terms of providing: a new public pedestrian / cycle connection to the town centre; publicly accessible open space in an area deficient of public open space; and improvements to the adjacent Elms Park. The discussions also addressed relationship of the proposed development to the listed Elms House and adjacent Nelson Street. The result was that, in allocating the land for residential and open space, the extent of the built area of development was decreased and the amount of open space increased.

3.56 The allocation of Land at The Elms has the potential to make a positive contribution to local character and distinctiveness. However, the Thame NDP acknowledges that in such a sensitive location, the form, design and quantum of development can only be determined with the submission of a detailed planning application. The Thame NDP therefore


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allocates Land at The Elms for ‘up to 45 dwellings’ rather than fixing a number at this stage.

3.57 In order to accord with higher level policy, the Thame NDP must allocate land for a minimum of 775 new dwellings. In setting out a flexible policy for Land at The Elms, the Thame NDP must ensure that any shortfall in numbers below the maximum of 45 is addressed elsewhere in the Plan. Policy 7A-P3 sets out a mechanism for transferring any shortfall in numbers to the Lord Williams’s Lower School Site or the two reserve housing sites. The assessment of delivery has indicated that Land at The Elms is likely to come forward well before any planning application is submitted on the Lord Williams’s Lower School Site or the reserve housing sites.

4. CONTRIBUTION TO THE ACHIEVEMENT OF SUSTAINABLE DEVELOPMENT 4.1 The NPPF states in paragraph 14 that a presumption in favour of sustainable development

is at the heart of the NPPF and ‘should be seen as a golden thread running through both plan-making and decision-taking.’

4.2 The Thame NDP has been subject to Sustainability Appraisal (SA), and this has helped to ensure that the principles of sustainable development have been considered throughout the plan-making process.

4.3 The Thame NDP contributes to the achievement of sustainable development by: • planning positively for housing growth to meet the needs of present and future

generations, identifying developable sites to meet housing need up to 2027; • locating new development where it relates well to the existing town, incorporating

good pedestrian and cycle links, and providing new open space as part of a wider green network;

• contributing to building a strong, diverse and competitive economy by allocating land for new employment, supporting existing employment, supporting the vitality of the town centre and identifying locations for new retail development to meet anticipated need in full; and

• protecting and enhancing the natural, built and historic environment of Thame by: enhancing biodiversity by creating a connected network of natural green spaces; encouraging high quality development that responds to the distinctive character of Thame; and protecting the parish’s historic assets.

5. GENERAL CONFORMITY WITH THE STRATEGIC POLICIES OF THE DEVELOPMENT PLAN FOR THE AREA

5.1 The Thame NDP has been prepared in parallel with South Oxfordshire’s Core Strategy, which is due to be formally adopted by SODC in December 2012. As such the Thame NDP has had regard to the strategic policies in the emerging Core Strategy, effectively treating it as the adopted development plan for the area.

5.2 The strategic policies relevant to the Thame NDP are:

Policy CSS1 The Overall Strategy: Proposals for development should be consistent with the overall strategy. For Thame, this policy aims to support the town’s role by regenerating the town centre and by providing new houses, employment, services and infrastructure. Policy CSH1 Amount and distribution of housing: Planning permission will be granted to meet housing requirements (the table allocates 775 to Thame)


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Policy CSH2 Density: On sites where housing development is acceptable in principle, a minimum density of 25 dwellings per hectare (net) will be required unless this would have an adverse effect on the character of the area. Policy CSH3 Affordable housing: 40 per cent affordable housing will be sought on all sites where there is a net gain of three or more dwellings subject to the viability of provision on each site. • In cases where the 40 per cent calculation provides a part unit a financial contribution

will be sought equivalent to that part unit; • A tenure mix of 75 per cent social rented and 25 per cent intermediate housing will be

sought; • With the exception of part units the affordable housing should be provided on site and

the affordable housing should be mixed with the market housing; • The housing should meet required standards and should be of a size and type which

meets the requirements of those in housing need. Policy CSH4 Meeting housing needs: A mix of dwelling types and sizes to meet the needs of current and future households will be sought on all new residential developments. • At least 10 per cent of market housing on sites of 10 dwellings or more should be

designed to meet current Lifetime Homes standards. • In the case of affordable housing all ground-floor properties should be designed to

meet current Lifetime Homes standards. • Specialist accommodation for older people will be permitted in locations where

housing would normally be allowed. • Extra Care housing should be provided in the new greenfield neighbourhoods

identified in this strategy and other suitable locations. • The provision of dwellings for people with additional special needs will be sought as

part of the overall affordable housing percentage. Policy CSTHA1 The strategy for Thame: Proposals for development in Thame should be consistent with the strategy which is to: • strengthen commerce in the town centre and identify sites suitable for future retail,

leisure and community uses; • support housing and employment uses above shops; • improve the attraction of Thame for visitors and businesses; • improve accessibility, car parking, pedestrian and cycle links; • support schemes which enhance the quality of the town’s environment; • identify sites for about 2 hectares of land for employment growth; • support schemes which improve the stock of existing commercial buildings and the

environment of the employment areas; • identify land for 775 new homes through a Neighbourhood Plan (see policy CSTHA2);; • allow housing on suitable infill and redevelopment sites; and • support the schools, health and other service providers meet their accommodation

needs, in particular the amalgamation of the secondary school onto a single site.

Policy CSTHA2 New allocations at Thame: The Neighbourhood Plan for Thame will allocate land for 775 new homes on land selected through that process as the most appropriate and sustainable.


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Policy CSM2 Transport Assessments and Travel Plans: Proposals for new developments which have transport implications will need to submit a transport assessment. Appropriate provision for works and/or contributions will be required towards providing an adequate level of accessibility by all modes of transport and mitigating the impacts on the transport network.

There is a group of three policies relating to economic development, and these are:

Policy CSEM1 Supporting a successful economy: This policy aims to encourage sustainable economic growth, including providing people with more opportunities to work locally.

Policy CSEM2 The amount and distribution of employment: This policy requires an allocation of about 2 hectares of further employment land at Thame.

Policy CSEM4 Supporting economic development: This policy states that planning permission will be granted for economic growth on identified employment sites, along with economic development opportunities such as the conversion of existing buildings.

Policy CST1 Town centres and shopping: This policy aims to support and strengthen town and village centres, and it states that further retail and leisure uses within the town centre will be permitted. It aims to diversify town centres by providing uses that are complementary to retail, while not undermining the town’s retail role. Importantly for Thame, the policy seeks to reinforce the distinctiveness of market towns, improve their vitality and viability and encourage more visits.

There are three related policies relating to landscape, biodiversity and green infrastructure:

Policy CSEN1 Landscape: This policy seeks to protect the district’s distinct landscape character and key features against inappropriate development and where possible enhanced.

Policy CSG1 Green infrastructure: This policy seeks a net gain in green infrastructure including biodiversity. Proposals for new development must demonstrate that they have taken into account the relationship of the proposed development to existing green infrastructure.

Policy CSB1 Conservation and improvement in biodiversity: A net loss of biodiversity will be avoided, and opportunities to achieve a net gain across the district will be sought.

Policy CSQ4 Design briefs for greenfield neighbourhoods and major development sites: This policy requires that proposals for housing allocations and major development sites are accompanied by a design brief that includes (i) a clear vision for the type of place that could be created; (ii) a masterplan; and (iii) a demonstration that the proposals accord with a range of issues set out in the policy.

Policy CSQ2 Sustainable design and construction: Seeks Code for Sustainable Homes Level 4 fore development of 200 dwellings or more, along with a range of targets for other forms of development.

Policy CSI1 Infrastructure provision: New development must be served and supported by appropriate on and off-site infrastructure and services.

Policy CSC1 Contingency and phasing: This policy sets out a monitoring table for bringing forward residential development, and sets out what will happen if development does not come forward in a timely manner. The projected delivery for Thame set out in


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Table 18.1 is 390 dwellings from 2017/18 to 2012/22 and 385 dwellings from 2022/23 to 2026/27.

5.3 The Thame NDP conforms with the strategic policies of the development plan for the area. This is explained with reference to the above policies.

5.4 Policy CSS1 The Overall Strategy: The Thame NDP meets the requirements of Policy CSS1 by setting out an overall vision supported by detailed policies that aim to support the town’s role by reinforcing the town centre and by providing new houses, employment, services and infrastructure.

5.5 Policy CSH1 Amount and distribution of housing: The Thame NDP allocates land for 775 new homes in Policy 7A-P1 as required by this policy.

5.6 Policy CSH2 Density: The Thame NDP sets density policies for allocated residential sites only. As set out in the introduction to Section 3, all sites except for Land at The Elms meet the minimum requirement of a net density of 25 dwellings per hectare. Land at The Elms has a maximum gross density of 12 dph. This density is derived from a design-led approach to the allocation of the site that has considered

5.7 Policy CSH3 Affordable Housing: Policy 7C-P1 of the Thame NDP requires all housing development to accord with Policy CSH3 of the Core Strategy. However, the policy requires the type and size of affordable homes to meet the specific needs identified for Thame.

5.8 Policy CSH4 Meeting housing needs: Policy 7D-P1 of the Thame NDP requires that on schemes of more than 6 dwellings, a mix of dwelling types and sizes to meet the needs of current and future households in Thame will be sought. Large areas of uniform type and size will not be acceptable.

5.9 Policy 7D-P2 of the Thame NDP brings the requirements for affordable housing a mix of different housing types together by requiring developers to submit a Thame-specific Affordable Housing and Dwelling Mix Strategy with any planning application. This Strategy must clearly set out the identified housing needs within Thame and demonstrate how the proposed development addresses those needs.

5.10 Policy CSTHA1 The strategy for Thame: The Thame NDP conforms with the requirements of this policy by setting out clear policies as identified below:

Strengthen commerce in the town centre and identify sites suitable for future retail, leisure and community uses 8A-P1: Locate new retail development in the town centre 8A-P2: Retain and enhance primary and secondary retail frontages 8A-P3: Redevelop the postal sorting office and/or telephone exchange for retail 8A-P4: Develop the Fire Station site for a use that supports the town centre 8A-P5: Develop land at no. 10 High Street for a use that supports the town centre 8A-P7: Retain small scale employment in the town centre 10A-P1: Allocate land for a new community facility

Support housing and employment uses above shops 8A-P8: Encourage a diverse range of uses in the town centre by supporting new

residential use on upper floors 8A-P9: Encourage a diverse range of uses in the town centre by avoiding loss of

residential uses 8A-P10: Encourage a diverse range of uses in the town centre by supporting new office

and retail uses on upper floors


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Improve the attraction of Thame for visitors and businesses

8D-P1: Redevelop the Cattle Market site for mixed-use

10A-P1: Allocate land for a new community facility



11E-P1: Produce a sports facilities strategy


Improve accessibility, car parking, pedestrian and cycle links 9A-P1: New development to provide good pedestrian and cycle connections to the town

centre and other local destinations

9B-P1: Include a strategy for improving pedestrian and cycle connections within Thame in the Green Living Plan

9C-P1: Developer contributions required to support the provision of a cycle route to Haddenham and Thame Railway Station

9D-P1: Encourage better planning of public transport

9E-P1: Retain long-term public parking on the Cattle Market site

9E-P2: New development to provide parking on site for occupants and visitors

Support schemes which enhance the quality of the town’s environment

8D-P2: Ensure that redevelopment of the Cattle Market site incorporates key principles to relate it positively to the wider town.


11C-P2: Improve Southern Road Recreation Area

11C-P3: Improve open space within Lea Park

11D-P1: Sites C, D and F to provide riverside walks


Identify sites for about 2 hectares of land for employment growth

8B-P1: Allocate a minimum of 2 hectares of land for new employment

Support schemes which improve the stock of existing commercial buildings and the environment of the employment areas

8C-P2: Support improvements to existing employment areas

Identify land for 775 new homes through a Neighbourhood Plan (see policy CSTHA2)

7A-P1: Allocate land for 775 new homes


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Allow housing on suitable infill and redevelopment sites

7B-P2: Integrate windfall sites

Support the schools, health and other service providers meet their accommodation needs, in particular the amalgamation of the secondary school onto a single site.

7B-P4: Provide new facilities

10C-P1: Allocate land for a primary school

10D-P1: Developer contributions required from developers of new housing to fund additional healthcare services

12A-P1: Provide appropriate new facilities

A5: Lord Williams’s Lower School – Allocation for 135 residential dwellings

5.11 Policy CSTHA2 New allocations at Thame: Policy 7A-P1 allocates land for 775 new homes, and identifies the allocated sites. Site specific policies A1-A7 in Section 3 of the Thame NDP identify the allocated sites, and set out individual policy requirements for each of them.

5.12 Policy CSM2 Transport Assessments and Travel Plans: The Thame NDP does not contain an explicit requirement for transport assessments and travel plans, as this would unnecessarily duplicate Policy CSM2. Instead, the Thame NDP’s policies ensures that transport assessments and travel plans relate to the specific needs of the town. This is done in two ways: • including sites-specific requirements for transport improvements for pedestrians and

cyclists; and • requiring developers to contribute towards the funding of a Green Living Plan and

Green Living Plan coordinator. The Green Living Plan will incorporate and co-ordinate the Travel Plans produced by individual developers.

5.13 Policy CSEM1, CSEM2 and CSEM4 Economic development: The Thame NDP accords with these policies by: allocating 3 hectares of new employment land; and setting out a range of policies to support employment within the town centre. In addition, the policies to support the town centre’s retail help to maintain Thame’s position as a market town that is an attractive tourist destination.

5.14 Policy CST1 Town centres and shopping: The policies within the Thame NDP accord with this policy by: allocating sites within the town centre for uses which will help to support the town’s retail role; including design policies that seek to reinforce Thame’s distinctiveness; and providing clear policies in relation to primary and secondary retail frontages.

5.15 Policies CSEN1, CSG1 and CSB1 Landscape, green infrastructure and biodiversity: The process of allocating sites for new development within Thame has been informed by a robust process of assessing the landscape and visual impact issues, and this is set out in the Evidence Base Summary that supports the Thame NDP. This assessment of site characteristics and sensitivities has in turn led to policies within the site-specific allocations that seek to integrate development into the landscape character of the area and connect new publicly accessible open space into the wider green infrastructure network. Where possible, policies require the enhancement of the landscape and biodiversity of the area. The site-specific policies are set out in Section 3 of the NDP and comprise:

Policy A1: Site F

Policy A2: Site C

Policy A3: Site D, Jane Morbey Road and Park Meadow Cottage

Policy A4: Land at The Elms


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Policy A5: Lord Williams’s Lower School

Policy A6: Reserve Site F

Policy A7: Reserve Site C

5.16 In addition to the site specific policies, Chapter 11 of the Thame NDP sets out policies that seek to protect and enhance the landscape and biodiversity of Thame as a whole, creating a co-ordinated approach to green infrastructure and enhancing the biodiversity of Thame. These policies include:


11B-P1: Provide new allotments

11B-P2: Provide public open space on windfall sites

11B-P1: Improve Elms Park Recreation Area

11B-P2: Improve Southern Road Recreation Area

11C-P3: Improve open spaces within Lea Park

11D-P1: Sites C, D and F to provide riverside walks within natural green space

11G-P2: produce a Green Living Plan

5.17 Thus, the Thame NDP accords with the requirements of Policies CSEN1, CSG1 and CSB1.

5.18 Policy CSQ4 Design briefs for greenfield neighbourhoods and major development sites: The site specific policies for the following sites allocated in Section 3 of the Thame NDP require a Design Brief that accords with the requirements of Policy CSQ4:

Policy A1: Site F

Policy A2: Site C

Policy A3: Site D, Jane Morbey Road and Park Meadow Cottage

Policy A5: Lord Williams’s Lower School

Policy A6: Reserve Site F

Policy A7: Reserve Site C

5.19 Policy CSQ2 Sustainable design and construction: The Thame NDP does not seek to replicate this policy. However, it provides clarity in relation to allocated residential Sites C and D, with Policy 11G-P1 setting out that they will be required to achieve Code for Sustainable Homes Level 4.

5.20 Policy CSI1 Infrastructure provision: The following policies in the Thame NDP set out requirements for infrastructure provision and so accord with the requirements of Policy CSI1:

7B-P4: Provide new facilities

9AC-P1: Developer contributions required to support the provision of a cycle route to Haddenham and Thame Rail Station

10D-P1: Contributions required from developers of new housing to fund additional healthcare facilities

11E-P1: Produce a Sports Facilities Strategy

12A-P1: Provide appropriate new facilities

5.21 The Thame NDP is supported by a Delivery Strategy that sets out how policies will be monitored, delivery mechanisms for strategies identified in the Thame NDP, and a table of infrastructure requirements. The Delivery Strategy is a ‘live’ document that will continue to be updated during the life of the Thame NDP.

5.22 Policy CSC1 Contingency and phasing: In allocating sites for residential development, the Thame NDP has considered the availability and deliverability of land. As such, it is


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anticipated that the delivery of new housing will accord with the requirements of Policy CSC1.

5.23 In conclusion, the Thame NDP is in general conformity with the strategic policies of the South Oxfordshire Core Strategy.

6. EU OBLIGATIONS 6.1 At the Examination in Public for the South Oxfordshire Core Strategy, the Inspector

decided to remove a strategic allocation of 600 homes from the Core Strategy and to hand responsibility for allocating sites for all 775 new homes required in Thame to the Neighbourhood Development Plan. At this stage, the team advising Thame Town Council indicated that a Sustainability Appraisal (SA) would be required. It was recommended that this SA incorporated the requirements of Strategic Environmental Assessment (SEA).

6.2 No screening was undertaken, with an SA Scoping Report being the first stage. This was submitted to the statutory environmental bodies (English heritage, Natural England and the Environment Agency) and made available to local people via the Thame Town Council website.

6.3 Comments from statutory and non-statutory consultees were taken on board in adjusting the scope of the SA. A final Sustainability Appraisal report together with a non-technical summary is submitted in support of the Thame NDP.

6.4 The SODC Core Strategy has undertaken a Habitats Regulations Assessment (HRA). The screening exercise for the Thame NDP concluded that there are no European sites that would be affected by the proposals within the Thame NDP, and it was agreed that an HRA was not necessary.

6.5 The Thame NDP is considered to be compatible with EU obligations.

7. CONCLUSION 7.1 The Basic Conditions as set out in Schedule 4B to the TCPA 1990 are considered to be

met by the Thame NDP and all the policies therein. It is therefore respectfully suggested to the Examiner that the Thame NDP complies with Paragraph 8(1)(a) of Schedule 4B of the Act.

❚ Appendix A ❚ Area Designation and Decision Letter

www.southoxon.gov.uk

Planning Services HEAD OF SERVICE: Adrian Duffield

Helen Stewart Thame Town Council Town Hall Thame OXON OX9 3DP

CONTACT OFFICER: Adrian Duffield [email protected]

Tel: 01491 823725

Benson Lane, Crowmarsh Gifford

Wallingford OX10 8NJ

26 November 2012 Dear Helen DECISION REGARDING DESIGNATION OF THAME NEIGHBOURHOOD AREA UNDER SECTION 61G OF THE TOWN AND COUNTRY PLANNING ACT 1990 AS AMENDED This letter confirms that South Oxfordshire District Council Cabinet agreed, at a meeting on 12 April 2012, to designate the area shown on Map 1 below as the ‘Thame Neighbourhood Area’ for the purposes of preparing a Neighbourhood Development Plan by Thame Town Council under section 61G(1) of the Town and Country Planning Act 1990 as amended. It was decided not to designate the area as a business area under section 61H(1) of the Act as it is not primarily or wholly business in nature. The relevant designation information is set out below:

a) Name of neighbourhood area: Thame b) Map of neighbourhood area: see below c) Relevant body: Thame Town Council

Yours sincerely,

Adrian Duffield Head of Planning

Map 1 Thame Neighbourhood Area

Tibbalds Planning & Urban Design

19 Maltings Place

169 Tower Bridge Road

London SE1 3JB

020 7089 2121

www.tibbalds.co.uk

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