Chapter 2.7. Planning Policy Context · PDF file02.01.2014 · SBL ES: 2.7 South Bristol Link: Environmental Statement Volume 2: Planning Policy Context, July 2013 81 7. Planning Policy

Chapter 2.7. Planning Policy Context

SBL ES: 2.7 South Bristol Link: Environmental Statement Volume 2: Planning Policy Context, July 2013

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7. Planning Policy Context 7.1. Introduction to Planning Guidance and Context 7.1.1. This Environmental Statement (ES) forms part of a suite of documents that supports the planning

application for The South Bristol Link (SBL). The SBL is one of three major schemes that together create a rapid transit network across the City, linking key employment, housing and leisure areas.

7.1.2. It is not the intention of this chapter to assess the project against relevant national and local plans and policies, as this is covered in the separate Planning Statement. However, this chapter provides an overview of the policies that are considered relevant to ensure that any secondary environmental effects caused through impacts on site specific or local policies are recognised.

7.2. Policy Framework 7.2.1. The Planning and Compulsory Act 2004 (the 2004 Act) requires that planning applications should

be determined in accordance with the development plan unless material circumstances indicate otherwise.

7.2.2. The 2004 Act changed the plan making system in England and Wales, replacing the previous system of Structure and Local Plans with Regional Spatial Strategies (RSS) and Local Development Frameworks (LDF).

7.2.3. Most planning authorities are in the process of adopting development plans under the new system and transitional arrangements are in place until the new style development plans are adopted. Since these changes to the plan making system were introduced, a change in Government in May 2010 has resulted in further significant changes occurring.

7.2.4. Most significantly, at the beginning of July 2010, the Government took steps to abolish the RSSs under S79(6) of the Local Democracy Economic Development and Construction Act 2009. The Localism Bill was introduced to Parliament on 13th December 2010, and was given Royal Assent on 15th November 2011.

7.2.5. The regional tier of government has been removed through the Localism Act 2011. A Statutory Instrument (2013 SI 2013/934) was laid before parliament on the 19th April 2013 to formally revoke the Regional Strategy for the South West and any saved Structure Plan policies. This came into force on the 20th May 2013; and from this date forwards the both the South West RSS and the Joint Replacement Structure Plan will no longer form part of the Development Plan.

7.2.6. The relevant development planning policies are set out below. Local planning authorities are also required to have regard to other material considerations. Central to this is national planning policy guidance in the form of the National Planning Policy Framework.

7.3. The National Planning Policy Framework 7.3.1. The National Planning Policy Framework (NPPF) was published on 27th March 2012 and

immediately replaced a defined number of existing Planning Policy Guidance Notes (PPG’s), Planning Policy Statements (PPS), Circulars and Letters to Chief Planning Officers as the Government’s single planning policy framework. It sets out the Government’s planning policies for England and how these are expected to be applied.

7.3.2. The NPPF is now a material consideration in the determination of planning applications as part of the statutory development plan.

7.3.3. The key theme running through the NPPF is the ‘Presumption in favour of Sustainable Development’. In terms of decision making the NPPF states (Paragraph 14) that development


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proposals that accord with the Development Plan should be approved without delay, where the development plan is up to date, or also where the development plan is absent, silent or material considerations indicate otherwise. In the case of this proposal, the development plan is up to date. Paragraph 19 also explains that planning should operate to encourage and not act as an impediment to sustainable growth.

7.3.4. A key objective is to balance the transport system in favour of promoting sustainable transport modes, giving people a real choice about how they travel. Different measures will be required in different communities with solutions varying from urban to rural areas (Paragraph 29).

7.3.5. Paragraph 90 states that local transport infrastructure which can demonstrate a requirement for a Green Belt location would not be inappropriate, provided it would preserve the openness of the Green Belt and not conflict with the purposes of including land in the Green Belt.

7.3.6. The NPPF also explains (Paragraph 111) that when determining planning applications, Local Planning Authorities should encourage the effective use of land by re-using land that has been previously developed, provided that it is not of high environmental value.

7.3.7. The NPPF attaches great importance to the maintenance and improvement of high quality open spaces, which are seen to make an important contribution to the health and well being of communities. In order to achieve this, the NPPF requires Local Development Plan policies to be based on robust and up-to-date assessments of local need (paragraph 73). Paragraph 74 requires existing open space, sports and recreational buildings 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.

7.3.8. As another element of green infrastructure, the NPPF defines sustainable transport modes as: “Any efficient, safe and accessible means of transport with overall low impact on the environment, including walking and cycling, low and ultra low emission vehicles, car sharing and public transport.” In order to protect these facilities, the NPPF requires: “Planning policies should protect and enhance public rights of way and access. Local authorities should seek opportunities to provide better facilities for users, for example by adding links to existing rights of way networks including National Trails.”

7.4. Regional and Sub-Regional Policy 7.4.1. The regional and sub-regional tier of planning policy has been removed. As such, the regional

policies are not relevant and are not considered here.

7.4.2. The evidence base for the draft RSS for the South West 2006 – 2026 (Secretary of State’s Proposed Changes version, July 2008) however does remain, for the moment, a material consideration (albeit of limited weight).

7.4.3. Paragraph 4.1.4 of the draft RSS refers to the ‘Greater Bristol Transport Study’ which identifies that ‘South Bristol experiences severe congestion on the highway network and is poorly connected to other parts of Bristol, particularly the employment areas in the North Fringe’, and concluded that ‘…accessibility would be enhanced by improving orbital movement around South Bristol, reducing delays, better connecting the area to the rest of the SSCT and supporting regeneration’.

7.4.4. Moreover, Paragraph 4.1.7 identifies that a major strategic objective of the RSS is ‘…to revitalise the South Bristol area which is characterised by some of the most significant concentrations of multiple deprivation in the region. This will require concerted action and investment across a number of policy fields including education and health, as well as transport infrastructure’.

7.4.5. These policy objectives were sought through the Policy HMA1 of the draft RSS, which encouraged:


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• A focused programme of regeneration initiatives at South Bristol to broaden the housing stock,improve the quality and diversity of retail, employment and service provision and improveaccessibility; and

• To improve access for all to and from South Bristol and to provide for orbital movement,supporting regeneration and employment growth.

7.5. The Statutory Development Plan 7.5.1. Section 38(6) of the Planning and Compulsory Purchase Act (PCPA) 2004 gives statutory force to

a plan-led system of development control. Applications must therefore be determined in accordance with the approved development plan, unless other material considerations indicate otherwise.

7.5.2. Due to its linear form, stretching over 4.5 kilometres, the SBL proposal lies within two administrative boundaries: Bristol City Council (BCC), and North Somerset Council (NSC).

7.5.3. Both NSC and BCC have their own development plan, and, a decision must be made in accordance with relevant policies in the adopted development plans, unless outweighed by other material considerations.

7.5.4. In looking at the policies that have affected and shaped the development proposals, consideration has been given to those policy documents relevant to the application.

7.5.5. For the purposes of Section 38(3) of the PCPA, the development plan for the SBL comprises the: a set of planning documents including: • Core Strategy (June 2011);• Saved policies of the Bristol Local Plan 1997;• North Somerset Development Framework Core Strategy (April 2012); and• Saved policies of the North Somerset (Replacement) Local Plan (March 2007).

7.5.6. Any effect of these proposals on policy relating to specific environmental topics is identified in the relevant chapter of this ES.

7.6. Local Policy

Bristol City Council

7.6.1. Planning policy for BCC is set out within a suite of documents contained within the Bristol Local Plan (formally referred to as the Local Development Framework).

7.6.2. Under Direction from the Secretary of State (September 2007), certain policies from within the Local Plan were saved and used to cover the period up until the LDF was in a position to take over.

7.6.3. Following the adoption of the Core Strategy (21st June 2011), some of the policies of the 1997 Adopted Bristol Local Plan that were previously ‘saved’ for future use have now fallen away. Others have been incorporated into the Core Strategy and some remain saved pending the production of further development plan documents.

Bristol City Council Core Strategy

7.6.4. The Core Strategy sets out the overall approach for planning development in Bristol (up to 2026 and beyond). This section sets out those policies which the SBL scheme will need to respond to within the planning application submission, specifically in relation to transport infrastructure and impact on the Green Belt.

7.6.5. The Core Strategy’s Spatial Vision and Objectives are for Bristol to be a leading city for innovative industry, enterprise, culture, environmental quality, lifestyle and urban design, reinforcing its


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status as a European Science City and Green Capital. The aim is to promote the potential for creating transport services fit for a dynamic, green and economically competitive city.

7.6.6. It sees Bristol as a city of sustainable communities linked by a strong public transport network. In order to tackle congestion and air pollution, the overarching vision is for a less car dependent city and an emphasis on walking, cycling, buses, rapid transit and rail.

7.6.7. The general alignment of the SBL is identified within the Core Strategy Key Diagram.

Policy BCS1 South Bristol

7.6.8. Policy BCS1 relates to the South Bristol area and states that: “Major improvements to transport infrastructure will be made to enhance links between existing communities within South Bristol, and between South Bristol, the city centre and the north of the city. Improvements will have an emphasis on pedestrian, cycling and public transport facilities and will include: • Rapid transit routes connecting Hengrove with the north fringe of the Bristol urban area via

the city centre; • Extended Showcase bus corridors on the A37 and A4;• Reshaped pattern of roads and junctions to improve accessibility, connectivity and urban

form and to reduce severance within South Bristol;• Safe routes for pedestrians and cyclists; and• Essential transport links and improvements.”

Policy BCS6 Green Belt

7.6.9. This policy relates to Green Belt and states that countryside and other open land around the existing built-up areas of the city will be safeguarded by maintaining the current extent of the Green Belt and land within the Green Belt will be protected from inappropriate development as set out in national planning policy.

Policy BCS9 Strategic Green Infrastructure Network

7.6.10. Policy BCS9 requires the integrity and connectivity of the strategic green infrastructure network to be maintained and enhanced. The loss of green infrastructure will only be acceptable where it is allowed for as part of the adopted DPD or it is necessary, on balance, to achieve the aims of the Core Strategy. Development should incorporate new/or enhanced green infrastructure or, where this is not possible, provide off site contributions. New development should incorporate, or contribute towards, the provision of an appropriate level and quality of open space. Development should also maintain or enhance sites of nature and biodiversity interest.

Policy BCS10 Transport and Access Improvements

7.6.11. Policy BCS10 affords the SBL policy status by defining it as one of a number of ‘transport infrastructure improvements’. The Policy states that: “The council will support the delivery of significant improvements to transport infrastructure to provide an integrated transport system, which improves accessibility within Bristol and supports the proposed levels of development. In particular it will support, subject to environmental impact assessment where appropriate: (...) 2. The delivery of transport infrastructure improvements including:(...) South Bristol Link.”

7.6.12. The policy also provides for the safeguarding of routes and facilities stating that: “Land required for the implementation of transport proposals will be safeguarded to enable their future provision. Corridors with the potential to serve as future routes for walking, cycling and public transport will also be safeguarded. Appropriate existing transport facilities such as transport depots will be safeguarded where required.”


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7.6.13. The Core Strategy Key Diagram identifies the general location of the South Bristol Link, which is referred to as ‘major transport scheme no. 3’, as the policy’s explanatory text at paragraph 4.10.9 notes: “The main elements of the transport strategy are shown on the Key Diagram. Details of the transport improvements contained in Policy BCS10 are set out below: (...) South Bristol Link: A transport link between the A370 Long Ashton bypass and the A4174 Hartcliffe Roundabout to enable better access to South Bristol. There has been public consultation on a preferred option which includes new highway, rapid transit and adjacent pedestrian and cycleway.”

7.6.14. The policy’s explanatory text also sets out schemes which have been identified as priorities for funding through the Regional Funding Advice process; “The following schemes listed within Policy BCS10 have been identified as priorities for funding through the Regional Funding Advice process: (...) South Bristol Link.”

Policy BCS11 Infrastructure and Developer Contributions

7.6.15. This policy states that provision will be co-ordinated to ensure that growth in the city is supported by the provision of infrastructure, services and facilities needed to maintain and improve quality of life and respond to the needs of the local economy. “Development will provide, or contribute towards the provision of: • Measures to directly mitigate its impact, either geographically or functionally, which will be

secured through the use of planning obligations; and • Infrastructure, facilities and services required to support growth, which will be secured through

a Community Infrastructure Levy (CIL) for Bristol. Planning obligations may be sought from any development, irrespective of size, that has an impact requiring mitigation. Contributions through CIL will be required in accordance with the appropriate regulations.”

Policy BCS13 Climate Change

7.6.16. Policy BCS13 states that development should contribute to both mitigating and adapting to climate change, and to meeting targets to reduce carbon dioxide emissions. “Development should mitigate climate change through measures including: Patterns of development which encourage walking, cycling and the use of public transport instead of journeys by private car. Development should adapt to climate change through measures including: Site layouts and approaches to design and construction which provide resilience to climate change; Measures to conserve water supplies and minimise the risk and impact of flooding; The use of green infrastructure to minimise and mitigate the heating of the urban environment; and Avoiding responses to climate impacts which lead to increases in energy use and carbon dioxide emissions.”

7.6.17. These measures should be integrated into the design of new development and demonstrate through a Sustainability Statement how they would contribute to mitigating and adapting to climate change and to meeting targets to reduce carbon dioxide emissions.

Policy BCS15 Sustainable Design and Construction

7.6.18. This policy sets out key issues that development should address in delivering sustainable design and construction: “Maximising energy efficiency and integrating the use of renewable and low carbon energy; Waste and recycling during construction and in operation;


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Conserving water resources and minimising vulnerability to flooding; The type, life cycle and source of materials to be used; Flexibility and adaptability, allowing future modification of use or layout, facilitating future refurbishment and retrofitting; and Opportunities to incorporate measures which enhance the biodiversity value of development.”

7.6.19. For major development, a Sustainability Statement should include a BREEAM assessment. Additionally, in the case of a “super-major development”, a BREEAM for Communities assessment will be required.

Policy BCS16 Flood Risk and Water Management

7.6.20. This policy ensures that development follows a sequential approach giving priority to the development of sites with the lowest risk of flooding. The development of sites with a sequentially greater risk of flooding will be considered where necessary to meet the development requirements of the city. “Development in areas at risk of flooding will be expected to: Be resilient to flooding through design and layout;, and/or Incorporate sensitively designed mitigation measures, which may take the form of on-site flood defence works and/or a contribution towards or a commitment to undertake such off-site measures as may be necessary, in order to ensure that the development remains safe from flooding over its lifetime.”

7.6.21. All development will also be expected to incorporate water management measures to reduce surface water run-off and ensure that it does not increase flood risks elsewhere. This should include the use of sustainable drainage systems (SUDS).

Policy BCS20 Effective and Efficient Use of Land

7.6.22. Policy BCS20 ensures that new development will maximise opportunities to re-use previously developed land.

7.6.23. Where development is planned, opportunities will be sought to use land more efficiently across the city. Imaginative design solutions will be encouraged at all sites to ensure optimum efficiency in the use of land is achieved.

Policy BCS21 Urban Design

7.6.24. This policy states that development will be expected to: “Contribute positively to an area’s character and identity, creating or reinforcing local distinctiveness; Promote accessibility and permeability by creating places that connect with each other and are easy to move through; Promote legibility through the provision of recognisable and understandable places, routes, intersections and points of reference; Deliver a coherently structured, integrated and efficient built form that clearly defines public and private space; Deliver a safe, healthy, attractive, usable, durable and well-managed built environment comprising high quality inclusive buildings and spaces that integrate green infrastructure; Create a multi-functional, lively and well-maintained public realm that integrates different modes of transport, parking and servicing; Enable the delivery of permanent and temporary public art; Safeguard the amenity of existing development and create a high-quality environment for future occupiers; Promote diversity and choice through the delivery of a balanced mix of compatible buildings and uses; and Create buildings and spaces that are adaptable to changing social, technological, economic and environmental conditions.”


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Policy BCS22 Conservation and the Historic Environment

7.6.25. Policy BCS22 ensures the safeguarding and enhancement of heritage assets and the character and setting of areas of acknowledged importance, including: “Scheduled ancient monuments; Historic buildings both nationally and locally listed; Historic parks and gardens both nationally and locally listed; Conservation areas; and Archaeological remains.”

Policy BCS23 Pollution

7.6.26. This policy states that development should be sited and designed in a way as to avoid adversely impacting upon environmental amenity or biodiversity of the surrounding area by reason of: “ Fumes, dust, noise, vibration, smell, light or other forms of air, land, water pollution, or creating exposure to contaminated land; and The quality of underground or surface water bodies. In locating and designing development, account should also be taken of: The impact of existing sources of noise or other pollution on the new development; and The impact of the new development on the viability of existing uses by reason of its sensitivity to noise or other pollution. Water quality and associated habitat of surface watercourses should be preserved or enhanced.”

Planning Obligations Supplementary Planning Document

Adopted on 27th September 2012, the revised Supplementary Planning Document (SPD) 4 – ‘Planning Obligations’ was implemented simultaneously alongside the CIL Charging Schedule on 1st January 2013. The SPD sets out the planning obligations which provide the mechanism by which measures are secured to mitigate the impact of development on local facilities that are geographically or functionally related to it.

1997 Adopted Local Plan

The 1997 Adopted Local Plan contains polices that are still in force, or ‘saved’. In 2003 BCC published Proposed Alterations to the adopted Local Plan. However, due to the change in national legislation in 2004 these were not progressed and are not considered relevant to the determination of this planning application. Therefore, the Proposed Alterations document (2003) has not been referred to in this policy review. Following the adoption of the Core Strategy the following saved policies remain in force and are relevant to the proposed scheme.

Policy ME2 Location and Design of Development

7.6.27. This policy states that development which has an unacceptable impact on the environmental amenity or wildlife of the surrounding area by reason of fumes, odour, dust or other forms of air, land or water pollution will not be permitted. In determining planning applications account will be taken of: “Provision of adequate facilities for the safe storage and disposal from the site of waste materials; Measures to stop unacceptable levels of runoff and emissions; Hours of operation; Location, design and layout; and Measures that reduce existing levels of pollution.”

Policy ME4 Controlling the Impact of Noise

7.6.28. Policy ME4 states that: “Development which has an unacceptable impact on the environmental amenity or wildlife of the surrounding area by reason of noise will not be permitted; and


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In determining planning applications in areas of existing noise such as roads, aerodromes, railway lines, industrial/commercial developments and sporting, recreational and leisure facilities, account will be taken of the provision of adequate sound insulation measures.”

Policy ME5 Protection of Groundwater Supplies

7.6.29. This policy states that the location and design of development will be required to incorporate appropriate remedial measures to avoid harm to groundwater supplies which may otherwise result from the development.

Policy ME6 Contaminated Land

7.6.30. This policy suggests that development on land which is contaminated will only be permitted if appropriate remedial measures are included in any planning proposal submitted to the council to ensure that the site is suitable for the proposed use and that there is no unacceptable risk of pollution within the site and in the surrounding area.

Policy NE1 Open Space

7.6.31. Policy NE1 states that: “The distribution and variety of open spaces throughout the city will be maintained and, where possible, enhanced; Sites which are important for nature conservation, recreation, historic landscape interest, landscape quality, visual amenity, community or outdoor leisure-related use, or providing setting or relief to the built environment, defined on the Proposals Map, will be protected as open space; Development involving an unacceptable loss of important open space, or which would have a significant adverse effect on the interest, use, amenity, character or accessibility of such open space, will not be permitted; and Where sites are not defined as open space on the Proposals Map, and are not subject to any other designation or proposal, account will be taken of the need to protect open space interests and uses in determining planning applications. Particular attention will be paid to the amenity and nature conservation value of undefined open space sites.”

Policy NE2 Landscape Features

7.6.32. Policy NE2 states that prominent or strategically important landscape features which make a significant contribution to the landscape character of the city, including green hillsides, promontories, ridges, valleys, gorges and man-made landscapes will be protected. Furthermore, development which would have a significant adverse effect on identified features of importance will not be permitted.

Policy NE3 Trees and Woodlands

7.6.33. This policy states that development involving the loss of, or damage to, trees or woodlands which are of landscape, amenity or nature conservation value will not be permitted, unless unacceptable harmful effects of the development can be overcome and replacement or additional tree planting of appropriate scale and species, which is sufficient to compensate for the loss, can be achieved within the same site or on an equivalent site nearby.

Policy NE5 Sites of Nature Conservation Interest

7.6.34. This policy protects Sites of Nature Conservation Interest (SNCI), having regard to the relative significance of their designation. Development which is likely to have an adverse effect on the nature conservation objectives or the integrity of a potential or classified Special Protection Area (SPA), a candidate or designated Special Area for Conservation (SAC) or a Ramsar Site will not be permitted. Development affecting a Site of Special Scientific Interest (SSSI) will not be permitted unless it can be made subject to conditions that will prevent damaging impacts on wildlife habitats or important physical features, or if other material factors outweigh the national nature conservation considerations. Development which would harm the substantive nature conservation value of sites of city-wide importance will not be permitted, except where the


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significance of the site for nature conservation is outweighed by the importance of the development.

Policy NE6 Wildlife Network

7.6.35. This policy states that, wherever possible, the city’s wildlife network will be protected and enhanced.

7.6.36. Development on wildlife network sites, as defined on the Proposals Map, will not be permitted unless: “An open corridor is retained which maintains an effective link in the network; An open buffer zone which gives effective added protection to any adjoining site of nature conservation interest is retained; Habitats or features of identified importance to wildlife are retained and protected from any significant adverse effect; and The site is shown not to serve or support any substantive wildlife interest, including the necessary function of the wildlife network, as a result of further detailed site assessment.”

7.6.37. Development which maintains the integrity of the wildlife network and includes measures to enhance the nature conservation value of remaining open land will be permitted.

Policy NE9 Historic Landscapes

7.6.38. This policy states that historic parks and gardens and other designed landscapes of national and local importance will be protected. Development which would adversely affect the character or appearance of historic landscapes and, in the case of nationally important sites, their settings, will not be permitted.

Policy NE11 Natural Environment

7.6.39. This policy relates to the retention and protection of existing natural features and habitats and, where appropriate, the benefits of new landscape treatment, which: “Compensates for any unavoidable loss of existing features or habitats; Incorporates the greatest possible proportion of appropriate native vegetation (unless special circumstances dictate otherwise); Incorporates the maximum possible area of permeable ground surface; Includes habitat features attractive to local wildlife species (both in the design of the buildings and the landscape elements); Respects the local landscape character; Enhances the landscape quality of the site; Is included in management plans for the whole site; and Is well integrated with the buildings and existing landscape features on and surrounding the site.”

Policy NE13 Green Belt

7.6.40. This policy sets an inner boundary for the Green Belt in Bristol, of which the SBL would lie within.

Policy B2 Local Context

7.6.41. Policy B2 states that proposals which would cause unacceptable harm to the character and/or appearance of an area, or to the visual impact of historic buildings, views or landmarks, will not be permitted. In determining applications account will be taken of the following: “The existing landforms and natural features; The scale and proportion of existing buildings, building lines and heights within the street scene; The detailed design of the existing buildings where ancillary buildings, extensions and alterations are proposed; and The retention and enhancement of existing urban spaces, traditional local materials and townscape or historical features which contribute to the character of an area. The creation of townscape features should be considered in relation to their surroundings.”


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Policy B5 Layout and Form

7.6.42. This policy states that development should seek to reinforce or create attractive and distinctive identity, and establish a scale appropriate to its locality and use.

Policies B15, B16, B17 and B18 Conservation Areas

7.6.43. Policy B15 relates to the preservation or enhancement of townscape and landscape features that contribute to the character or appearance of streets and open spaces within Conservation Areas. Policy B16 relates to new buildings within Conservation Areas. Policy B17 relates to extensions to buildings that contribute to the character of a Conservation Area and Policy B18 relates to alterations to buildings that contribute to the character of a Conservation Area.

Policy B22 Sites of Archaeological Significance

7.6.44. Whether scheduled or not, this policy makes a presumption in favour of preserving any archaeological features or sites of national importance. Furthermore, development which could adversely affect sites, structures, landscapes or buildings of archaeological interest and their settings will require an assessment of the archaeological resource through a desk top study, and where appropriate a field evaluation.

7.6.45. Where there is evidence of archaeological remains, development will not be permitted except where it can be demonstrated that the archaeological features of the site will be satisfactorily preserved in situ, or a suitable strategy has been put forward to mitigate the impact of development proposals upon important archaeological remains and their settings. If this is not possible, and the sites are not scheduled or of national importance, provision for adequately recording the site prior to destruction should be made, preferably by negotiating a planning agreement to ensure that access, time and financial resources are available to allow essential recording and publication to take place.

Policy M1 Transport Development

7.6.46. This policy states that transport development will be permitted provided that it meets a range of relevant control criteria, having regard to the particular nature of the development proposed: “It safeguards transport proposals, as shown on the Proposals Map; It provides safe and adequate access on to the existing highway network having regard to environmental considerations. Where the development has internal circulation areas for vehicles, it achieves a high standard of road safety; It avoids the introduction of traffic of excessive volume, size or weight on to unsuitable highways or into residential and other environmentally sensitive areas; It provides off-street parking, servicing and loading facilities in accordance with the standards set out in the schedule; It provides facilities for cyclists and pedestrians; It provides traffic calming measures; It provides funding of appropriate transport improvements to overcome unsatisfactory transport conditions created or exacerbated as a direct result of the development; It does not increase the need to travel and does not encourage the unnecessary use of cars or lorries; It provides for access by disabled people within the external layout of buildings; It does not involve the loss of rear access lanes and garage courts which provide valuable off-street parking, or makes alternative provision for any such loss; and It avoids the introduction of unnecessary lorry traffic into the city centre or where environmental quality would be harmed or congestion increased.”

Policy M9 Temple Meads

7.6.47. Policy M9 relates to proposed public transport interchange facilities at Temple Meads. They will embrace the provision of direct pedestrian, cycle and bus links to Victoria Street with the aim of improving access to the city centre. It also includes provision for rapid transit interchange


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facilities on the safeguarded rapid transit route, as defined on the Proposals Map, and within a convenient distance of the station entrance.

Policy M12 Protection of Ex-Rail Corridors

7.6.48. This policy does not permit development on ex-railway corridors which may serve to provide cycle routes, pedestrian paths or rapid transit routes.

Policy M13 Rapid Transit Safeguarded Routes

7.6.49. Policy M13 safeguards the following corridors as Rapid Transit routes: “That part of the proposed rapid transit route between Wapping Wharf and Portishead, as set out in the Avon Light Rail Transit Act 1989, which falls within the city; A horseshoe route within the city centre, including a spur running northward along Victoria Street to Bridge Street; A route from Temple Meads to Lawrence Hill and then via the Parkway railway line to the city boundary; and The Bristol-Bath cycleway/walkway pending the evaluation of other routes to serve Yate and east Bristol.”

Policy M16 Cyclists and Pedestrians

7.6.50. This policy states that in determining planning applications account will be taken of opportunities to enhance the pedestrian and cycle networks. Development will be permitted when it incorporates measures to take advantage of such opportunities.

Policy M19 Highway Network: New Road – Environmental and Economic Effects

7.6.51. Policy M19 states that major road proposals will be required to include, and have regard to: “An appropriate assessment of their environmental implications; A comparative evaluation of the proposals set against appropriate alternative options; and Consultation with members of the public and other interests potentially affected by the proposals. In considering such proposals, account will be taken of: Their contribution to achieving the economic objectives of the Local Plan; and The need to avoid enabling or encouraging commuting by car into congested areas.”

Policy M20 Highway Network: Improvements to the Primary Route Network

7.6.52. This policy defines the SBL as “improvements to the primary route network” and refers to it as the “Avon Ring Road”:

“Improvements are proposed to the following roads forming part of the primary route network as defined on the Proposals Map [...] (vi) Avon Ring Road.”

7.6.53. The alignment of the SBL is set out within the Local Plan Proposals Map (December 1997) as “alterations improvement and safety measure M20, M21, M23”.

Policy L3 Greenways: Walking and Cycling

7.6.54. This policy provides for the protection of a network of Greenways to provide off-road routes for walking and cycling. Development which incorporates the routes will be expected to: “Implement the provision of the routes; Include landscaping and ecological enhancement proposals to upgrade such routes; Ensure that the routes are fully segregated with appropriate design details at any junction to give priority to pedestrians and cyclists; and Take such measures as are required to protect the security of operational uses. Where development adjoins the Greenway network, the provision of local spurs off the strategic network to service specific development will be sought through negotiation.”


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Policy CC7 Pedestrian Links

7.6.55. Subject to other policies in the Plan, this policy permits development proposals along a number of routes which provide or enhance access for pedestrians, including disabled people. The following is of relevance to the SBL: “(…) Other routes providing access to transport interchanges and radial routes providing connections with surrounding areas.”

7.6.56. Planning conditions and obligations through negotiation will be used in connection with any developments fronting on to or directly served by these routes.

North Somerset Council

7.6.57. The NSC Local Plan is made up of a number of documents. Together these set out policies and proposals which guide future development in the district.

North Somerset Core Strategy

7.6.58. Adopted in April 2012, the principle strategic planning document for North Somerset is the Core Strategy, which contains strategic policies to guide development to 2026.

7.6.59. As set out in the Sustainable Community Strategy, the Core Strategy’s Vision is ‘Sustainable, inclusive, safe, healthy, prosperous communities thriving in a quality environment.’

The vision for North Somerset is as follows: “By 2026 North Somerset will be a more prosperous district, with reduced inequalities throughout. Its coastal and rural setting, underpinned by a rich heritage will strongly influence new development. Development will respond to the challenge of climate change, the move to more sustainable energy use and be characterised by high quality design that contributes to creating successful, thriving places.”

7.6.60. Although formally adopted, the Core Strategy was subject to a legal challenge by Bristol University, a judgement on which was made on the 14th February 2013 with an addendum dated 7th March 2013. Policy CS13 (Scale of New Housing) was found to be unlawful by reason of the Core Strategy Inspector’s failure to give 'adequate or intelligible reasons for his conclusion that the figure made sufficient allowance for latent demand i.e. demand unrelated to the creation of new jobs'. This matter is remitted back to the Planning Inspectorate for re-examination.

7.6.61. The Core Strategy remains an adopted development plan document and most policies are unaffected. However, given the conclusion in respect of Policy CS13, the Judge indicated that if the housing requirement was amended then it could have a knock on effect on other policies. “It is possible that an alternative housing requirement figure for North Somerset excluding an urban extension may necessitate the release of land in the Green Belt or otherwise affect spatial or area policies of the Core Strategy.” As a consequence, some other policies have been remitted for re-examination, as follows: • CS6 Green Belt • CS14 Distribution of New Housing • CS19 Strategic Gaps • CS28 Weston-super-Mare • CS30 Weston Villages • CS31 Clevedon, Nailsea and Portishead • CS32 Service Villages • CS33 Infill Villages, Smaller Settlements and Countryside

7.6.62. The Judgment is clear that while it is only Policy CS13 which was found to be unlawful, because the re-examination of the total housing figure may result in consequential alterations for other policies, then these policies are also remitted. However, “the policies can still be accorded


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appropriate weight in any decision making and housing can be brought forward through the development control process."

7.6.63. Therefore the policies listed above currently have the status of emerging policy which should be afforded significant weight and are consequently a material planning consideration albeit not part of the adopted development plan. Until such time as the policies are adopted, the equivalent Local Plan policies form part of the development Plan and should be considered.

7.6.64. The following Core Strategy polices have relevance to the proposed scheme:

Policy CS1 Addressing Climate Change and Carbon Reduction

7.6.65. This policy commits NSC to reducing carbon emissions and tackling climate change, mitigating further impacts and supporting adaptation to its effects, setting a range of principles aimed at guiding development: “(…) 4) Opportunities for walking, cycling and use of public transport should be maximised through new development and in existing areas emphasising the aim to provide opportunities that encourage and facilitate modal shift towards more sustainable transport modes; (…) 6) Protecting and enhancing biodiversity across North Somerset including species and habitats that are characteristic of the area, in order to support adaptation to climate change. This should be achieved through on and off-site measures to conserve and enhance species and habitats, as well as the reduction or preferably elimination of any adverse impacts through sensitive design and layout and construction of developments; 7) The reduction, re-use and recycling of waste with particular emphasis on waste minimisation on development sites; 8) The re-use of previously developed land and existing buildings in preference to the loss of green field sites; (…) and, 11) Developments should demonstrate water efficiency measures to reduce demand on water resources, including through the use of efficient appliances and exploration of the potential for rainwater recycling.”

Policy CS2 Delivering Sustainable Design and Construction

7.6.66. This policy states that new development should demonstrate a commitment to sustainable design and construction, increasing energy efficiency through design, and prioritising the use of sustainable low or zero carbon forms of renewable energy generation in order to increase the sustainability of the building stock across North Somerset.

Policy CS3 Environmental Impacts and Flood Risk Assessment

7.6.67. Policy CS3 states that development which, on its own or cumulatively, would result in air, water or other environmental pollution or harm to amenity, health or safety will only be permitted if the potential adverse effects would be mitigated to an acceptable level by other control regimes, or by measures included in the proposals, by the imposition of planning conditions or through a planning obligation.

Policy CS4 Nature Conservation

7.6.68. This policy suggests the biodiversity of North Somerset will be maintained and enhanced by: “Seeking to meet local and national Biodiversity Action Plan targets taking account of climate change and the need for habitats and species to adapt to it; Seeking to ensure that new development is designed to maximise benefits to biodiversity, incorporating, safeguarding and enhancing natural habitats and features and adding to them where possible, particularly networks of habitats. A net loss of biodiversity interest should be avoided, and a net gain achieved where possible; Seeking to protect, connect and enhance important habitats, particularly designated sites, ancient woodlands and veteran trees;


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Promoting the enhancement of existing and provision of new green infrastructure of value to wildlife; and Promoting native tree planting and well targeted woodland creation, and encouraging retention of trees, with a view to enhancing biodiversity.”

Policy CS5 Landscape and the Historic Environment

7.6.69. This policy looks to ensure the protection and enhancement of sensitive areas by the careful, sensitive management and design of development. Close regard will be paid to the character of National Character Areas in North Somerset and particularly that of the 11 landscape types and 31 landscape character areas identified in the North Somerset Landscape Character Assessment.

7.6.70. The policy also looks to conserve the historic environment of North Somerset, having regard to the significance of heritage assets such as conservation areas, listed buildings, buildings of local significance, scheduled monuments, other archaeological sites, registered and other historic parks and gardens.

Policy CS6 North Somerset’s Green Belt

7.6.71. This policy ensures that the boundaries of the Bristol – Bath Green Belt will remain unchanged during the plan period. However, given the possible requirement for alternative housing may necessitate the release of land in the Green Belt. As a consequence, Policy CS6 has been remitted back to the Planning Inspectorate for re-examination.

Policy CS9 Green Infrastructure

7.6.72. Policy CS9 looks to safeguard, improve and enhance the existing network of green infrastructure by further provision, linking in to existing provision where appropriate, ensuring it is a multi-functional, accessible network which promotes healthy lifestyles, maintains and improves biodiversity and landscape character and contributes to climate change objectives.

Policy CS10 Transportation and Movement

7.6.73. Policy CS10 states that travel management policies and development proposals that encourage an improved and integrated transport network, and allow for a wide choice of modes of transport as a means of access to jobs, homes, services and facilities will be encouraged and supported.

7.6.74. The policy affords the SBL policy status and it is seen as part of the West of England major transport schemes programme set out in the Joint Local Transport Plan published in March 2011.

7.6.75. Paragraph 3.147 of the policy notes: “The fundamental aim of the Joint Local Transport Plan 3 is in line with the Core Strategy – namely to provide attractive travel choices and a greater focus on sustainable transport modes to improve quality of life and improve environmental conditions for local residents and businesses. The majority of the major schemes have been subject to detailed analysis and there is no need to repeat these in the Core Strategy. Where appropriate, the general location of these schemes is identified on the Key Diagram.”

Policy CS12 High Quality Design and Place Making

7.6.76. This policy states that NSC is committed to achieving high quality buildings and places across all of North Somerset. High quality architecture and urban design will be sought from development demonstrating a robust design process to generate solutions that have clearly considered the existing context, and contribute to social, economic and environmental sustainability. As part of a comprehensive place-making strategy new development should function well, supporting sustainable land uses and seek to improve the image of the area.

7.6.77. Proposals of all scales will be required to demonstrate sensitivity to the existing local character already established in an area and should take the opportunity to enhance the sense of place and local identity through a well thought out design. Where the existing design characteristics of


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a locality are not considered to be of a high quality, new development should actively aim to enhance the area through good design. Schemes must be based on a thorough site appraisal.

7.6.78. In particular the following aspects of North Somerset’s character should be maintained and enhanced in addition to the heritage aspects identified through Policy CS5: “The historic built environment; (…) The historic rural settlements, particularly those in the Green Belt.”

Policy CS20 Supporting a Successful Economy

7.6.79. Policy CS20 states that the overall approach to delivering a prosperous economy is employment-led in order to achieve a more sustainable alignment between jobs and the economically active population across towns and villages in North Somerset. This seeks to increase their sustainability, self containment, decrease out-commuting, provide for a range of local jobs and reduce carbon emissions from unsustainable car use. Priority will be given to the reuse of previously developed land and the safeguarding of sites in existing economic use.

North Somerset Replacement Local Plan

7.6.80. The North Somerset Replacement Local Plan (RLP) was prepared under the Town and Country Planning Act 1990. It now forms part of the Local Plan for North Somerset, along with the Core Strategy and other adopted planning policy documents.

7.6.81. Under Direction from the Secretary of State (27th March 2010), certain policies from within the RLP were saved and used to cover the period up until the LDF was in a position to take over.

7.6.82. Following the adoption of the Core Strategy (April 2012), some of the policies of the RLP (adopted March 2007) that were previously ‘saved’ for future use have now fallen away. The remaining policies in the plan stay in force until they are superseded by other forthcoming development plan documents.

7.6.83. Those policies that continue to be part of the plan are described below.

Policy GDP/3 Good Design and Sustainable Construction

7.6.84. Although partly replaced with Policies CS1, CS2, CS9, CS12 and CS15, Policy GDP/3 overlaps with these in that it promotes good design and sets out criteria to be taken account of within which proposals will be determined. These include: • Landscape and Layout; • Access, Safety and Security; • Energy, Water and Climate; and • Other Considerations (such as development patterns).

Policy ECH/4 Listed Buildings

7.6.85. Although replaced by Policy CS5, this policy continues to provide development management criteria. It relates to proposals affecting a Listed Building and/or its setting and states that they will only be approved where the following criteria can be satisfied: “The architectural and historic interest of the building and its setting is preserved; The style, design, plan and other features of special architectural or historic interest are preserved; and Any conversion or proposed new use would be compatible with the preservation of the building. When considering planning applications that would result in the demolition or substantial demolition of Listed Buildings there will be a strong presumption in favour of preservation.”


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Policy ECH/5 Historic Parks & Gardens

7.6.86. Although replaced by Policy CS5, this policy continues to provide development management criteria. It states that development likely to affect an Historic Park or Garden, or it’s setting, will only be permitted where: “Its historic character and appearance will not be unacceptably harmed: Its historic importance will not be unacceptably harmed; and The development enables features, landscaping and planting schemes of historic interest to be conserved, enhanced or restored.”

Policy ECH/6 Archaeology

7.6.87. Although replaced by Policy CS5, this policy continues to provide development management criteria. It does not permit development that would involve significant alteration or cause damage to nationally important archaeological remains (whether Scheduled or not), or would have a significant impact on the setting of such remains.

Policy ECH/11 Protected Species

7.6.88. Although Policy CS4 states that further detail will be set out in a future DPD, this policy still applies, stating that: “Development which could harm, directly or indirectly, nationally or internationally protected species of flora or fauna or the habitats used by such species will not be permitted unless that particular harm could be avoided or mitigated and the species protected by the use of planning conditions or planning obligations.”

Policy ECH/12 Protected Species and their Habitats

7.6.89. Although Policy CS4 states that further detail will be set out in a future DPD, this policy still applies, stating that: “Development which would be likely to have a direct or indirect adverse effect or which conflicts with the conservation objectives of a potential, candidate or designated Special Protection Area, Special Area of Conservation, or Ramsar Site will not be permitted.”

Policy ECH/13 Sites of Special Scientific Interest

7.6.90. Although Policy CS4 states that further detail will be set out in a future DPD, this policy still applies, stating that: “Development within or near a Site of Special Scientific Interest (SSSI) or National Nature Reserve that is likely to have a direct or indirect adverse effect on its biodiversity or geological interest will not be permitted unless other material considerations outweigh the loss of biodiversity or geological value of the site concerned and any broader impact upon the national network of SSSIs.”

Policy ECH/14 Wildlife Considerations

7.6.91. Although Policy CS4 states that further detail will be set out in a future DPD, this policy still applies, stating that: “Planning permission will not be granted for development that would have a significant adverse effect on local biodiversity or geological interests, unless the importance of the development outweighs the value of the substantive interest present.”

Policy RD/3 Development in the Green Belt

7.6.92. Although partly replaced by Policy CS32 and CS33, Policy CS6 deals with Green Belt boundaries so has no implications for RD/3. As such, this policy still applies, restricting development within the Green Belt unless for certain purposes, which includes: “The carrying out of engineering or other operations or for changes in the use of land which maintain openness and do not conflict with the purposes of including land in the Green Belt;”


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Policy E/5 Safeguarding Employment

7.6.93. Policy E/5 sets out those sites safeguarded as employment areas within the Proposals Map. This policy remains relevant in terms of site schedule and development management criteria, although Policy CS20 now includes the safeguarding of sites in existing economic use.

Policy T/7 Rights of Way and Public Access

7.6.94. Policy T/7 seeks to protect, develop and improve the rights of way network and other forms of public access and states that: “Development that would reduce, sever, or adversely affect the use, amenity or safety of public rights of way and other forms of public access, or prejudice the planned development of the network will only be permitted if acceptable provision is made to mitigate those effects, or divert or replace the right of way or other form of access, before the development commences.”

7.6.95. Paragraph 9.67 goes on to state that: “The access network of public rights of way supplemented by other forms of public access provides opportunities for sustainable travel and recreation, playing a vital role in integrated transport systems.”

7.6.96. Although Policy CS10 sets out travel management and development aspirations this policy continues to provide development management criteria.

Policy T/8 Strategic Cycle Routes

7.6.97. Policy T/8 ensures that development will only be permitted if it would not prejudice the implementation of strategic cycle routes as defined on the Proposals Map and Map 9.2 of the RLP.

7.6.98. Although Policy CS10 sets out travel management and development aspirations this policy continues to safeguard the defined routes of the Proposals Map.

Policy T/9 – Highway schemes

7.6.99. Within North Somerset, the SBL scheme is afforded policy status by Policy T/9, identified as the ‘South Bristol Ring Road’. While Policy CS10 lists proposed schemes, the RLP Proposals Map continues to define routes, safeguarded by T/9.

Paragraph 9.85 provides the policy’s explanatory text: “A38/A370 Two routes are safeguarded between these major roads, a link to the east of Barrow Gurney (the A38-A370 Link Road, known as the ‘orange route’) and the South Bristol Ring Road (known as the ‘red’ route). Phase 1 of the Ring Road is a link from the A370 to the A38; Phase 2 continues from the A38 into Bristol; both phases are safeguarded by the Local Plan. The lack of a modern road link between the A38 and A370 has led to increasing traffic problems on the B3130 through Barrow Gurney. As well as relieving the village, the new roads will improve access to Bristol International Airport, reinforcing its status as a regional facility and major local employer.”

7.6.100. The alignment of the SBL is identified within the Local Plan Proposals Map (April 2012) as “the red route”.

7.6.101. Although Policy CS10 lists proposed schemes, this policy continues to safeguard the defined routes of the Proposals Map.

Policy T/10 Safely, Traffic and the Provision of Infrastructure

7.6.102. This policy states that development will only be permitted if it does not prejudice highway safety or emergency vehicle access.

7.6.103. Although Policy CS10 sets out aspirations this policy continues to provide development management criteria.


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Supplementary Planning Document - Bristol Biodiversity Action Plan

7.6.104. The Bristol Biodiversity Action Plan (BAP) provides the framework for habitat and species conservation in Bristol. Produced by the Bristol Biodiversity Partnership, it is aimed at organisations, businesses, groups and individuals, which are either working to protect and enhance biodiversity in the city, or who may impact on it in some way.

7.6.105. BCC have published a series of Supplementary Planning Documents (SPD) and Supplementary Planning Guidance (SPG) to provide greater detail on policies within the Local Plan and support decisions on planning applications. The following are of relevance to the SBL: • Supplementary Planning Document No. 5: Sustainable Building Design and Construction,

adopted February 2006; • Supplementary Planning Document No. 7: Archaeology and Development, adopted March

2006.

7.6.106. NSC has also published a series of SPDs to help provide greater detail and in-depth information about the policies and proposals within the development plan. The following are of relevance to the SBL: • North Somerset Landscape Character Assessment SPD (December 2005) - involves the

systematic analysis, classification and description of the surrounding landscape, identifying features which contribute to its character. These features include an assessment of its ecology, geology, topography and the human influences which have affected the landscape and its character by area; and

• Biodiversity and Trees SPD (December 2005) – technical document providing information on the hierarchy of wildlife sites and protected species to ensure that biodiversity and tree issues are incorporated into any proposed development in North Somerset.

Joint Local Transport Plan 3 2011-2026

7.6.107. Strategic transport policies are prepared in the context of the third Joint Local Transport Plan (JLTP3) for the West of England.

7.6.108. This document sets out the strategy and delivery plans for improving transport in the sub-region for the five years from 2006 and sets out a vision for transport to 2026. The JLTP3 combines the plans of the four councils of Bath and North East Somerset (B&NES), South Gloucestershire (SGC), NSC and BCC, underpinned by the respective adopted local plans. The JLTP3 will also be reflected in the emerging Local Development Frameworks.

7.6.109. The JLTP3 (March 2011) is set out in 3 parts: • Strategy – taking the long term policy view to 2026; • Delivery Plan – setting out implementation proposals over the shorter term; • Supplementary Documents – covering walking, parking, public transport, traffic management

and freight, smarter choices, road safety, cycling and rural transport in more detail.

7.6.110. SBL is a key proposal of JLTP3. Objectives of the SBL (Paragraph 11.7.17) are to: • Facilitate regeneration and growth in South Bristol; • Reduce congestion in South Bristol and adjacent areas of North Somerset; and • Improve accessibility from South Bristol to the city centre and to strategic transport links,

including the trunk road network and Bristol Airport.

7.7. Emerging Policy

Bristol City Council

7.7.1. Other than the adopted documents set out previously, the Bristol Local Plan offers a range of other emerging guidance, those documents of relevance are set out below.


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Site Allocations and Development Management Preferred Approach Document

7.7.2. Helping to deliver the policies of the Core Strategy, a Publication Version has been prepared which is dated March 2013. An opportunity to make representations was carried out between 22nd March and 10th May 2013 before it was submitted to the Secretary of State for independent examination. The document sets out a range of policies, of which the following are of relevance:

Policy DM1 – Presumption in Favour of Sustainable Development

7.7.3. When considering development proposals a positive approach will be taken that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework. Bristol City Council will always work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the city.

7.7.4. Planning applications that accord with the policies in the Bristol Local Plan and, where relevant, with policies in Neighbourhood Development Plans will be approved without delay, unless material considerations indicate otherwise.

7.7.5. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then planning permission will be granted unless material considerations indicate otherwise taking into account whether: i. Any adverse impacts of granting permission would significantly and demonstrably outweigh

the benefits, when assessed against the policies in the National Planning Policy Framework taken as a whole; or

ii. Specific policies in that Framework indicate that development should be restricted.

Policy DM17 – Development Involving Existing Green Infrastructure

Important Open Spaces

7.7.6. Development on part, or all, of an Important Open Space as designated on the Policies Map will not be permitted unless the development is ancillary to the open space use.

Unidentified Open Spaces

7.7.7. Development which would result in the loss of open space which is locally important for recreation, leisure and community use, townscape and visual amenity will not be permitted.

Urban landscape

7.7.8. Proposals which would harm important features such as green hillsides, promontories, ridges, valleys, gorges, areas of substantial tree cover and distinctive manmade landscapes will not be permitted.

Trees

7.7.9. All new development should integrate important existing trees. Development which would result in the loss of Ancient Woodland, Aged trees or Veteran trees will not be permitted. Where tree loss or damage is essential to allow for appropriate development, replacement trees of an appropriate species should be provided, in accordance with the tree compensation standard below:

Trunk Diameter of tree lost to development (cm measured at 1.5m)

Number of replacement trees

<15 0-1

15-19.9 1

20-29.9 2


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30-39.9 3

40-49.9 4

50-59.9 5

60-69.9 6

70-79.9 7

80-89.9 8

Policy DM19 – Development and Nature Conservation;

7.7.10. Development which would be likely to have any impact upon habitat, species or features, which contribute to nature conservation in Bristol will be expected to: i. Be informed by an appropriate survey and assessment of impacts; and ii. Be designed and sited, in so far as practicably and viably possible, to avoid any harm to

identified habitats, species and features of importance; and iii. Take opportunities to connect any identified on-site habitats, species or features to nearby

corridors in the Wildlife Network.

7.7.11. Where loss of nature conservation value would arise development will be expected to provide mitigation on-site and where this is not possible provide mitigation off-site.

7.7.12. Development on or adjacent to sites of nature conservation value will be expected to enhance the site’s nature conservation value through the design and placement of any green infrastructure provided.

Sites of Nature Conservation Interest

7.7.13. Development which would have a harmful impact on the nature conservation value of a Site of Nature Conservation Interest will not be permitted.

Wildlife Corridors

7.7.14. Development which would have a harmful impact on the connectivity and function of sites in Wildlife Corridors will only be permitted where the loss in connectivity, or function, of an existing Wildlife Corridor is mitigated in line with the following hierarchy:

i. Creation of a new wildlife corridor within the development site; ii. Enhancement of an existing corridor or creation of a new corridor off-site to

maintain the connectivity of the Bristol Wildlife Network.

Policy DM20 – Regionally Important Geological Sites

7.7.15. Planning permission will not be permitted for development that would have a harmful impact on regionally Important Geological Site’s features of value.

Policy DM23 – Transport Development Management

7.7.16. Development should not give rise to unacceptable traffic conditions and will be expected to provide: • Safe and adequate access for all sections of the community within the development and onto

the highway network; and • Adequate access to public transport including, where necessary, provision for public transport

improvements; and • For appropriate transport improvements to overcome unsatisfactory transport conditions

created or exacerbated by the development; and


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• For pedestrians and cyclists including, where appropriate, enhancing the pedestrian and cycle network and, for major non-residential schemes, providing adequate changing, shower, storage and drying facilities for cyclists.

• Proposals should be supported by a Transport Assessment and/or a Travel Plan where development is likely to have a significant traffic impact.

Parking and Servicing

7.7.17. In accordance with the standards set out in the parking schedule at Appendix 2, development proposals will be expected to: • Provide an appropriate level of safe, secure, accessible and usable parking provision having

regard to the parking standards, the parking management regime and the level of accessibility by walking, cycling and public transport; and

• Provide appropriate servicing and loading facilities. Proposals for parking, servicing and loading should make effective and efficient use of land and be integral to the design of the development.

Policy DM24 – Transport Schemes (includes for the safeguarding of the SBL)

7.7.18. Land required for the implementation of the following transport schemes will be safeguarded to enable their future provision. Rapid transit routes (and stops) from: • Ashton Vale to the City Centre • North Fringe to Hengrove • City Centre to Emersons Green • Rail stations at Portway Park and Ride and Ashley Hill • South Bristol Link • Callington Road Link and associated highway improvements • Whitchurch Bypass • A4 Bath Road Improvements • The Avonmouth Way extension and connection to Kings Weston Lane • Romney Avenue Bus Link • M32 Park and Ride • Expansion of A4 Park and Ride site at Brislington Rail land at the following locations will be safeguarded for future rail use at: • East Depot, St Anne’s • Pylle Hill sidings • St Philips Marsh Depot • Rail link to serve Barrow Road Refuse Transfer Station • Rail links at Chittening Industrial Estate • Rail link from Hallen Marsh Junction to Kings Weston Lane • Bulk Transfer Station at St Andrews Road. Development in safeguarded areas which would prejudice the future implementation of transport schemes will not be permitted. The locations referred to above are shown on the Policies Map.

Policy DM25 – Greenways

7.7.19. In order to maximise opportunities for walking and cycling: • Development will protect the function and amenity of existing Greenway routes. • Development which contains proposed Greenway routes should incorporate and provide the

proposed route contained within the development site. • Development which is adjacent to the Greenway network should, where possible, provide

spurs to connect with existing or proposed routes.


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• Any new sections of Greenway routes or spurs should be appropriately designed and landscaped to optimise use by pedestrians and cyclists, ensure the safety and security of users and protect or enhance the location’s character and nature conservation value.

Policy DM26 – Local Character and Distinctiveness

7.7.20. The design of development proposals will be expected to contribute towards local character and distinctiveness by: • Responding appropriately to and incorporating existing land forms, green infrastructure assets

and historic assets and features; and • Respecting, building upon or restoring the local pattern and grain of development, including

the historical development of the area; and • Responding appropriately to local patterns of movement and the scale, character and function

of streets and public spaces; and • Retaining, enhancing and creating important views into, out of and through the site; and • Making appropriate use of landmarks and focal features, and preserving or enhancing the

setting of existing landmarks and focal features; and • Responding appropriately to the height, scale, massing, shape, form and proportion of existing

buildings, building lines and set-backs from the street, skylines and roofscapes; and • Reflecting locally characteristic architectural styles, rhythms, patterns, features and themes

taking account of their scale and proportion; and • Reflecting the predominant materials, colours, textures, landscape treatments and boundary

treatments in the area.

Policy DM27 – Layout and Form

7.7.21. The layout, form, pattern and arrangement of streets, open spaces, development blocks, buildings and landscapes should contribute to the creation of quality urban design and healthy, safe and sustainable places. It should make efficient use of land, provide inclusive access and take account of local climatic conditions.

7.7.22. Proposals should not prejudice the existing and future development potential of adjoining sites or the potential for the area to achieve a coherent, interconnected and integrated built form.

7.7.23. Where such potential may reasonably exist, including on sites with different use or ownership, development will be expected to either progress with a comprehensive scheme or, by means of its layout and form, enable a co-ordinated approach to be adopted towards the development of those sites in the future.

Policy DM28 – Public Realm

7.7.24. Development should create or contribute to a safe, attractive, high quality, inclusive and legible public realm that contributes positively to local character and identity and encourages appropriate levels of activity and social interaction.

Policy DM31 – Heritage Assets

7.7.25. Development that has an impact upon a heritage asset will be expected to: • Conserve or enhance the asset or its setting; and • Ensure that the significance of the asset is not compromised.

Policy DM33 – Pollution Control, Air Quality and Water Quality

Potentially Polluting Development

7.7.26. Development which has the potential for an unacceptable impact on environmental amenity, biodiversity or water quality by reason of pollution as set out in the Core Strategy but is considered desirable for reasons of economic or wider social need will be expected to provide an appropriate scheme of mitigation.


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7.7.27. In assessing a scheme of mitigation, account will be taken of: • The location, design and layout of the proposed development; and • Measures to bring levels of emissions to an acceptable level; and • Measures to control run-off and other diffuse pollution; and • Hours of operation; and • Measures that reduce existing levels of pollution.

7.7.28. Development will not be permitted if mitigation cannot be provided to an appropriate standard with an acceptable design, particularly in proximity to sensitive existing uses or sites.

Air Quality

7.7.29. Development that has the potential for significant emissions to the detriment of air quality, particularly in designated Air Quality Management Areas, should include an appropriate scheme of mitigation which may take the form of on-site measures or a financial contribution to off-site measures.

7.7.30. Development in designated Air Quality Management Areas should take account of existing air pollution and include measures to mitigate its impact on future occupiers where possible and consistent with other policies of the development plan such as those on climate change and urban design.

Water Quality

7.7.31. Development adjacent to underground or surface water bodies covered by the Water Framework Directive and Severn River Basin Management Plan should contribute towards those water bodies maintaining or achieving Good Ecological Status. This may take the form of on-site measures or a financial contribution to off-site measures.

Policy DM34 – Contaminated Land

7.7.32. New development should demonstrate that: • Any existing contamination of the land will be addressed by appropriate mitigation measures

to ensure that the site is suitable for the proposed use and that there is no unacceptable risk of pollution within the site or in the surrounding area; and

• The proposed development will not cause the land to become contaminated, to the detriment of future use or restoration of the site or so that it would cause pollution in the surrounding area.

Policy DM35 – Noise Mitigation

Noise-Generating Development

7.7.33. Development which would have an unacceptable impact on environmental amenity or biodiversity by reason of noise will be expected to provide an appropriate scheme of mitigation.

7.7.34. In assessing such a scheme of mitigation, account will be taken of: • The location, design and layout of the proposed development; and • Existing levels of background noise and the potential for a cumulative impact; and • Measures to reduce or contain generated noise; and • Hours of operation and servicing.

7.7.35. Development will not be permitted if mitigation cannot be provided to an appropriate standard with an acceptable design, particularly in proximity to sensitive existing uses or sites.


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Noise-Sensitive Development

7.7.36. Noise-sensitive development in locations likely to be affected by existing sources of noise such as busy roads, railway lines, aerodromes, industrial/commercial developments, waste, recycling and energy plant and sporting, recreation and leisure facilities, will be expected to provide an appropriate scheme of mitigation to ensure adequate levels of amenity for future occupiers of the proposed development. In assessing such a scheme of mitigation, account will be taken of: • The location, design and layout of the proposed development; and • Measures to reduce noise within the development to acceptable levels, including external

areas where possible; and • The need to maintain adequate levels of natural light and ventilation to habitable areas of the

development. • In areas of existing noise, proposals for noise-sensitive development should be accompanied

by an assessment of environmental noise and an appropriate scheme of mitigation measures. • Development will not be permitted if mitigation cannot be provided to an appropriate standard

with an acceptable design.

Policy DM37 – Unstable Land

7.7.37. On sites where there is reason to suspect unstable land and the risk of instability has the potential to materially affect either the proposed development or neighbouring uses/occupiers, development will only be permitted where: • A desk-based study of available records has been carried out to assess the previous uses of

the site and their potential for instability in relation to the proposed development; and • Where the study establishes that instability is likely but does not provide sufficient information

to establish its precise extent or nature, site investigation and risk assessment are carried out to determine the standard of remediation required to make the site suitable for its intended use.

• Where remediation measures are necessary, conditions or obligations may be applied to ensure that the development does not take place until appropriate works are completed.

• The Site Allocations and Development Management Policies Map (March 2013) Publication Version safeguards the SBL as a transport link.

Bristol City Council Parks and Green Space Strategy (P&GSS, adopted February 2008)

7.7.38. The BCC Parks and Green Space Strategy (2008) provides the evidence base to support adopted Core Strategy and Local Plan policies, including the assessment and classification of amenity space in the vicinity of SBL.

7.7.39. The Strategy also sets out a number of service management policies and standards for the provision of publicly accessible green space which are used to inform the determination of development proposals. In respect of the latter, the Strategy sets three specific standards, which are listed as follows: • Quality standard: A level of quality which all open spaces should attain; • Distance standard: A measure of the distance that people should have to travel to reach a

particular type of open space; • Quantity standard: How much green space of different types there should be across the City

Council area.

7.7.40. The P&GSS also provides broader analysis of key provision across district areas. In respect of South Bristol, the Green Space Strategy states that (page 24):“Much of south Bristol suffers from too low a density of housing to sustain good local services, and there is a lot of low quality open space. There will be pressure on some of this over the next twenty years, and it makes sense to balance this with a high quality park in Hengrove.”

7.7.41. The Strategy and its accompanying typology map (Appendix 7) provide a description of the amenity spaces which are crossed by SBL. These are summarised as follows:


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• Gatehouse Avenue and Whitland Road are the two parcels of land that form the Reserved Corridor. They are classified by the strategy as ‘informal green space, which is defined as “informal in layout or character, with a low level of landscaping and few or no additional facilities” (P&GSS, 2008: 18);

• Highridge Common is classified within the P&GSS as ‘natural green space’, which is defined as: “Natural green spaces are important refuges for wildlife and places where we can experience and enjoy contact with the natural world” (P&GSS, 2008: 20).

Neighbourhood Partnership Area of Bishopsworth, Hartcliffe and Whitchurch Park Green Space Plan: Ideas and Options Paper (October 2010)

7.7.42. The draft Green Space Plan (Ideas and Options Paper) was published in 2010. It sets out ideas for investing in green spaces over the next 20 years to ensure everyone has easy access to a range of good quality green spaces with new and improved facilities.

7.7.43. Overall the needs assessment reports a deficiency in the provision of children’s play space, formal green space and a surplus of informal green space and natural green space across the Neighbourhood Partnership Area of Bishopsworth, Hartcliffe and Whitchurch Park, an overprovision of 9.71ha and 17.16ha respectively.

7.7.44. The ample coverage of informal space in the Neighbourhood Partnership area is acknowledged. The draft Plan proposes to dispose of some informal space, to turn it over to children’s play spaces and formal green spaces in order to address the deficiency. As a result, the Plan recommends that informal green space is reduced by 3ha and natural green space is reduced by 1.08ha by 2026.

7.7.45. Whitland Road and Gatehouse Avenue green spaces have been excluded from the draft Area Green Space Plan (October 2010). The rationale for this decision is cited as follows (2010: 5): “These spaces form part of a corridor which has a long standing planning policy designation as a transport route. Public consultation was undertaken in 2009 following which a design incorporating a single carriageway with a lane for buses and cyclists has been chosen. No detailed design has been approved yet and for now the policy designation is considered to affect the spaces as a whole. The loss of spaces in the entirety would mean that there would be a gap in open space provision when compared to adopted standards. A request has therefore been made that the new design should if possible include new public open space.”

7.7.46. As a result the draft Green Space Plan recommends that (2010:15): “The spaces identified originally as publically accessible are no longer considered to be and will not be considered as part of an Area Green Space Plan for this area in the long term.”

7.7.47. The draft Green Space Plan describes Highridge Common as (2010: 20): “an open area of informal open space, most of which is rough grass with clumps of scrub and small trees. There is an area of shorter grass towards its southern boundary. Drainage throughout is poor and there is an open drain along part of the western boundary.

The common is a valuable area of wildflower rich meadow. The space has not been ploughed up, reseeded or treated with chemicals in the past, which means that it has retained a rich array of wildflowers [...]

A small part of the northern section of this space is affected by the same transport link reservation as Gatehouse Open Space and Whitland Road Open Space- see page 5. Should this be implemented then it will be necessary to minimise and mitigate the impact.”

7.7.48. Within this area, the draft Plan seeks to “enhance the nature conservation value and improve the facilities for informal recreation”, through the preparation and implementation of (Ibid): • “a management plan for the area of nature conservation value to include the planting of new

native trees; • Provide interpretative material; • Screen statutory undertakers equipment with a hedge of native plants; • Improve seating;


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• Relocate bins to key entrance points.”

7.7.49. In summary, the emerging draft Green Space Plan recommends that the reserved corridor is removed from the strategy and part of Highridge Common is removed from the draft Strategy for the delivery of SBL.

North Somerset Council

7.7.50. Work is ongoing to introduce new planning documents for North Somerset under the Local Development Framework (LDF).

7.7.51. When adopted, a ‘Sites and Policies DPD’ will replace the North Somerset Replacement Local Plan 2007 and make detailed land allocations for various land uses across North Somerset.

7.7.52. As part of the initial stages in the production of the document a call for sites was made In November 2011, allowing individuals and organisations to submit sites for consideration.

7.7.53. Consultation on the draft Sites and Policies DPD ran from February to April 2013. A revised version of the Sites and Policies DPD will be published early next year, which will consider the consultation responses in the light of the remitted Core Strategy policies. A draft document will be taken to the North Somerset Council Executive Committee in October 2013.