Main Modifications Consultation

After 4.16 add additional paragraph to read:

‘Waste management statements should be proportionate to the scale and type of development proposed. Generally, planning applications for major development and those likely to give rise to the most waste should be accompanied by a detailed assessment, whereas other developments should outline how the principles of the waste hierarchy will be applied.’

Amend policy text to read:

Policy CC2 - Design Principles for Energy Efficient Buildings

Development proposals are expected to meet, the highest possible national energy efficiency standards and are encouraged to go beyond these levels by applying additional recognised standards such as Passivhaus.

Amend the first sentence of paragraph 4.20 to read:

New development must be of the highest possible thermal efficiency “in the context of The Future Homes Standard. The expected.......

Amend the policy title and text to read:

Policy CC4:  Low Carbon Development Net zero carbon (operational)”

All development proposals and all residential development proposals should provide for the maximum generation of renewable electricity as practically and viably possible on-site (and preferably on-plot) subject to export capacity being available, on site consumption being maximised and design aspirations being met)

Proposals supported by an Energy Statement should cover:

1. The submission of design stage estimates of energy performance and carbon dioxide emissions; and
2. Prior to any property being occupied, the submission of updated, accurate and independently verified ‘as built’ calculations of energy performance and carbon dioxide emissions.

Amend paragraph 4.33 and add two paragraphs to read:

Policies CC2, CC3,and CC4 and CC7 include a requirement for an Energy Statement and set also sets certain standards of performance. By the point of adopting this Local Plan, or very shortly thereafter, Rutland County Council will publish a series of guidance notes and a templates to assist so that meeting the requirements of these policies can be demonstrated efficiently, effectively and consistently. applicants in meeting the requirements of these policies efficiently, effectively and consistently.

The level of detail expected in an energy statement should be proportionate to the size of the scheme. Not all schemes will be required to submit an Energy Statement. In particular, the Energy Statement will not be required at the outline application stage, where detailed design information is not yet available. The requirement is not intended to apply to small ‘householder’ developments that relate to a single dwelling, such as residential extensions, garages, porches, etc. Small ‘non-householder' schemes could include information on how the requirements have been met as part of a Design and Access Statement, instead of as a separate statement, provided that a reasonable justification has been given as to why it would not be reasonable or proportionate to do a separate Energy Statement.

It is assumed that the calculations for an Energy Statement are necessary for Building Regulations (or other national standard in the future) and that design criteria will be set out in the application, so there is no significant additional burden on developers.

Amend policy text to read:

Policy CC6 - Water Efficiency and Sustainable Water Management

........

Water Management

In addition to the wider flood and water related policy requirements (Policy CC14), all development comprising new buildings:

.......

• which is residential, and which includes a garden area, must include a rain harvesting water butt(s) of minimum capacity of 200l, connected to a downpipe where feasible.
• should ensure water efficient design and construction and the minimisation of wastewater during building and operational stages.

Amend paragraph to read:

The policy aims to assist in improving the energy efficiency of existing buildings, complementing the wider policies of this Local Plan which are primarily aimed at new buildings. It is not intended to apply to small developments that relate to a single dwelling, such as residential extensions, garages, porches, etc

Amend policy text to read:

For all development proposals that involve the change of use or redevelopment of a building, or an extension to an existing building, proposals are expected encouraged, where possible to improve the energy efficiency of that building (including the original building, if it is being extended) to be demonstrated through a submitted Energy Statement that is proportionate to the scale to development proposed.

Amend policy text to read:

Policy CC8 – Renewable Energy

.......

The broad area suitable forLarge Scale Wind Energy Turbines classification does not prejudice other material planning considerations, such as effects on designated sites and their interest features.

Proposals for renewable energy schemes, including ancillary development, will be supported .......... To determine whether it is acceptable, the following tests will have to be met:

1. The impacts are acceptable having considered the scale, siting and design, and the consequent impacts on landscape character; ................. ; heritage assets, their settings, and the historic landscape; and highway safety, and railway safety;

........

Additional considerations for solar based energy proposals

....... Proposals for ground based solar thermal or photovoltaics and associated infrastructure, including commercial large-scale proposals, will be supported where they address all the matters in (a) - (c) aboveare within an area identified on the Policies Mapor in an adopted Neighbourhood Planand address all matters in (a) – (c) above, as well as the additional requirements of national planning policy, unless: ......

• there is clear and demonstrable significant harm arising including where the proposal would result in unacceptable direct, indirect or cumulative impacts, having regard to its scale, siting and design, which cannot be adequately mitigated; or
• where a proposal involves greenfield land, whether:
  • (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and
  • (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays; or
•  the proposal is (following a site-specific soil assessment) to take place on Best and Most Versatile (BMV) agricultural land, the proposal is part of a wider scheme to protect or enhance a carbon sink of such land or unless the agricultural production can continue during the operation of the energy generation or can recommence after the end of life of the energy generation equipment without significant impact on the quality of that agricultural land; or
• the land is allocated for another purpose in this Local Plan or other statutory based document (such as a Local Nature Recovery Strategy or a Local Transport Plan), and the proposal is not compatible with such other allocation,having regard to the objectives and intended use of that allocation.

Outside of the areas identified on the Policies Map, applicants will need to provide a clear justification for the suitability of the chosen development site for solar proposals.Applicants should demonstrate that the proposed location meets the criteria used in identifying the opportunity area.

Additional matters for wind-based energy proposals

Proposals for a small to medium single wind turbine, which is defined as a turbine up to a maximum of 50m 40m from ground to tip of blade, are, in principle, supported throughout Rutland. .....

Proposals for medium to large scale wind turbines (over 50m and up to 125m 40m from ground to tip of blade) to large scale wind turbines,(including groups of turbines), will, in principle, be supported only where ......

Amend supporting text in paragraphs 4.61 to 4.64 to read:

Policy CC8 differentiates between small to medium scale wind turbines and medium to large wind turbines; the former are 50m or less from ground to blade tip and the latter are over 50m and up to 125m from ground to blade tip.

The Renewable Energy Study also considers wind turbines exceeding 125 metres in height. While these represent opportunities for higher energy output, the study concludes that such turbines are typically commercial‑scale proposals and, given their potential landscape, cumulative, amenity and aviation impacts and uncertainties around viability and deliverability in Rutland, they are not relied upon by the Plan to meet its renewable energy objectives. Any such proposals would therefore be considered on a case‑by‑case basis against relevant development plan policies, including Policy CC8, Policy SC1, applicable environmental, heritage and countryside policies, and any relevant neighbourhood plan policies, without in‑principle support.

..........

It is important to stress that the areas on Map and the Policies Map are only ‘potentially suitable’ for medium-large scale wind turbines: being within these locations does not mean that an application for a wind turbine or turbines would automatically be approved. It is not possible to map qualitative considerations, such as landscape impact easily and comprehensively, so such matters are considered at the point of application.Accordingly, this approach applies toall applications for wind turbines, regardless of scale which will be assessed against the detailed policy criteria set out in Policy CC8, particularly parts a) to c), and all other relevant policies in this Local Plan, as well as policies in any relevant Neighbourhood Plan. For example, in respect of landscape character, Policy SC1 of this Plan will apply, taking account of the findings of the Rutland Landscape Character Assessment 2022 and the Rutland Landscape Sensitivity Study 2023.

Opportunity areas for potential ground-mounted Solar PV development are also identified on the Policies Map to provide background information on constraints. The mapping of the areas for wind turbine development and ground-mounted Solar PV development follows a constraints based approach as set out in the Rutland Renewable Energy Study. Various principal environmental constraints were identified across Rutland County, including the Rutland Water Ramsar Site and Special Sites of Scientific Interest (SSSI). Slope / terrain, Agricultural Land Classification (ALC), and historical constraints were also identified. All such environmental and historical constraints were avoided, development on Grade 1 and 2 ALC was ruled out, as were parcels of land with greater than 5-degree ground slope. In addition to these principal constraints, other site-specific constraints (as set out in criteria a) to c) of Policy CC8), such as landscape and heritage, would need to be applied in the assessment of a planning application for commercial renewable energy development together with other policies in the Local Plan and other material considerations.

Amend policy text to read:

Policy CC11 – Carbon Sinks

Existing carbon sinks should be protected, and where opportunities exist, they should be enhanced in order to continue to function as such. Where development is proposed on land containing carbon sinks, including woodland, trees, hedges, orchards scrub, open habitats, farmland and rivers, lakes, reservoirs and wetland habitats, the applicant must submit a proportionate evaluation of the impact of the proposal on any form of identified carbon sink as relevant. In all cases Management plans will be sought where this is appropriate to the nature and scale of the carbon sink n appropriate management planmust be submitted.

.........

Amend the last paragraph to read:

In addition, appropriate provision should be made for secure and covered parking for mobility scooters and bicycles (including e-bikes) which are large and heavy to bring into premisesin accordance with the Council's parking standards (Appendix 5).

Amend policy text to read:

Policy CC14: Flood Risk

To reduce the risk of flooding, all development proposals will be considered against the requirements of the NPPF and PPG, including application of the sequential test and, if necessary, the exception test.

...

Where appropriate development proposals should demonstrate:

1.  ...........
2. through the application of the sequential and exception test, as well as the guidance set out in NPPF and PPG, development is located in areas of the lowest flood risk within the application site;
3.  ...

Add a new part g) to read: