Regulation 19 Rutland Local Plan

Ends on 2 December 2024 (25 days remaining)

Development in the open Countryside

What will these policies do?

Rutland is a largely rural county. This rurality together with the attractive open landscapes, mean that non-essential development in the rural countryside of the County is inappropriate and will be restricted. However, there are certain types of development which are considered essential to maintain a thriving and active rural community and economy. Policies SS7 and SS8 set out the types of development which are considered acceptable subject to the specific criteria included within policies and policy SS9 provides criteria against which proposals for the conversion of existing buildings in the countryside will be considered.

Policy SS7 - Residential development in the open countryside Comment

New-build housing will only be permitted in the open countryside where the proposal is for the following uses, and which specifically meet the requirements of NPPF and subject to the relevant policies of this plan:

  • affordable housing on rural exceptions sites (Policy H8)
  • housing to meet a proven essential need for rural workers
  • conversion of buildings outside PLDs (Policy SS9)
  • Gypsy, Traveller and Travelling Show People sites (Policy H10) to help meet identified accommodation needs
  • where the principle of residential accommodation has previously been established and remains extant (or where a valid permission exists), and the proposal results in an improved design or impact on the character of the surrounding area
  • where proposed development is in accordance with paragraph 84 (regarding Rural Housing) of the NPPF

Policy SS8 – Non-residential development in the countryside Comment

Non-residential development in the countryside will only be supported where it is for one of the following purposes:

  1. essential for the efficient operation of a rural use (such as agriculture, horticulture, equestrian or forestry uses); or
  2. essential for the provision of sport, recreation, and visitor facilities where the countryside is the most appropriate location; or
  3. essential investment in infrastructure including utilities, renewable energy and roadside services required for public safety purposes; or
  4. a rural enterprise comprising small scale alterations, extensions, or other development ancillary to an existing established use which is appropriate in the countryside; or
  5. new employment growth comprising sustainable rural tourism, leisure, or rural enterprise that creates local employment opportunities and supports the local economy and communities and where no acceptable alternative can be identified within existing permitted or allocated sites, or within or through redevelopment of existing commercial premises;
  6. an extension of an existing employment site, which will not intensify uses at the site to the detriment of existing public access routes and highways and which is of a size which is in keeping with the existing employment use and appropriate to its location; or
  7. economic projects which have a functional need to be located in the countryside and have a demonstrable economic benefit to the County and significantly outweighs any harm and there are no unacceptable adverse environmental impacts; or
  8. farm diversification that supports waste management development; or
  9. mineral development that supports the provision of minerals for aggregate purpose, cement production, locally sourced building materials or processing of recycled aggregate; or
  10. involves the conversion of existing rural buildings for business and employment generating uses in accordance with Policy SS9.

All proposals will be expected to demonstrate that criterion a)-h) below are met:

  1. the development cannot reasonably be accommodated within or adjoining the Planned Limits of Development of towns and villages;
  2. the amount of new build or alteration is kept to a minimum and the local planning authority is satisfied that existing buildings available elsewhere in the County are not suitable for the purpose;
  3. the development itself, or cumulatively with other development, would not be detrimental to the character and appearance of the landscape, visual amenity, and the setting of towns and villages and is of a scale, design, and layout appropriate to the context;
  4. the development would not generate an unacceptable increase in the amount of traffic movements, and it is capable of being served by public transport or otherwise is readily accessible by means other than by private car to a significant residential workforce if employment intensive uses are proposed. Where is it related to a tourism use it must also be located in close proximity to PROW/footpaths and cycleways;
  5. access arrangements and parking facilities will be provided in accordance with the Council's adopted standards. (See also Appendix 5 Parking Standards);
  6. a sympathetic relationship and scale to the surrounding areas that shows consideration of the landscape, habitat, built and historic environment contexts, the opportunities to deliver on-site habitats and protect key species;
  7. a satisfactory relationship with neighbouring uses in order that the amenities of nearby residents, in particular, are protected; and
  8. where appropriate, crime prevention measures are incorporated.

Policy SS9 - Conversion of buildings outside PLDs Comment

Proposals for the conversion of existing buildings in the countryside outside the Planned Limits of Development will only be permitted provided that:

  1. the building is structurally sound, of permanent construction, and capable of conversion without rebuilding or significant alteration or extension;
  2. the resultant building use will not have an adverse effect on the rural character of the area in respect of the nature and level of activity likely to be generated, including the resultant traffic level;
  3. the resultant building and ancillary areas are sympathetic to its setting in terms of form, bulk and visual design;
  4. where the building is of historic or architectural importance, there is no adverse effect on the character and appearance or features of architectural or historic interest, internally and externally, which the building or its setting possesses; and
  5. the traffic to be generated by the new use can be safely accommodated by the site access and the local road network.

A structural survey may be required to demonstrate that the building is capable of conversion. Provision for accommodating protected species identified by a survey will be incorporated into the scheme. Where necessary, planning conditions will be imposed removing relevant Permitted Development Rights under the General Permitted Development Order.

Policy SS10 - New agricultural buildings Comment

Agricultural buildings will be permitted in the countryside provided that:

  1. their scale, siting, design, materials and use of landscaping minimise the visual impact on the landscape and ensure they are not prominent on the skyline;
  2. new buildings are grouped with any existing buildings. Isolated buildings will only be permitted where their location is essential to the agricultural activity being undertaken and where they are not situated in a prominent location;
  3. they will not have an adverse effect on residential amenity in terms of noise, dust, smell or disturbance from vehicular movements;
  4. if housing livestock, they are not within 75 metres of a watercourse unless the Council is satisfied that all biological run offs of waste can be contained; and
  5. if created to contain biological waste to have an impermeable base together with provision for containment of any product of such storage, in order to prevent leakage, overflow or spillage of such product into the environment.

Why are these policies needed?

Housing

To promote sustainable development in the countryside, the NPPF expects housing to be located where it will enhance or maintain the vitality of rural communities. In the absence of special circumstances, local planning authorities should avoid permitting new isolated homes in the countryside. Exemptions to this are made within NPPF for specific types of housing.

Policy SS7 above is intended to preclude the development of new-build open market housing which, for strategic reasons, is not needed in the countryside. The policy does not, however, preclude the development of specific types of open market housing in rural locations; for example, dwellings resulting from the conversion of rural buildings. It would also not prevent alterations to, or extensions of, existing buildings. There is a significant lack of Gypsy, Traveller and Travelling Showpeople sites across the County which is the reason for the inclusion within this policy.

Non- Residential uses

The NPPF supports the sustainable growth and expansion of all types of business and enterprise in rural areas, both through the conversion of existing buildings and well-designed new buildings.

The Local Plan makes provision for development that is essential for the efficient operation of agriculture, horticulture, equestrian or forestry and that which has an essential need to be located in the countryside.

The Council will generally encourage the change of use of suitable existing buildings for agricultural purposes to related uses supporting rural growth such as small craft workshops, rural diversification and Agri-tech uses. The Council will also permit additional, small-scale extensions or ancillary new development where it can be achieved in accordance with the criteria set out in the Policy.

To be ancillary, the scale of new development would not be expected, either individually or cumulatively, to exceed 50% of both the volume and the footprint of the existing building unless it is clearly demonstrated that a larger development necessary and appropriate in the location.

Policy SS8 also recognises that there are forms of outdoor recreational and sports development, including the expansion of existing facilities, which are of a land extensive nature such that the countryside is the only appropriate location. A critical requirement for this type of activity will be avoiding development that is visually intrusive to the form and character of the wider countryside setting.

The policy also recognises that there is scope for agricultural diversification to provide waste related development (such as facilities for anaerobic digestion and other forms of composting) and mineral development, provided that essential criteria are met to ensure mitigation to acceptable levels of impact can be achieved.

It should be noted that certain changes of use of agricultural buildings to dwelling houses and to commercial uses do not require planning permission, subject to prior approval of the local authority in respect of certain matters. Further details are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015.

Supporting Evidence

None

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