Development management policies

PLEASE NOTE:

Due to changes made by government through the housing standards review, from 1 October 2015 the following information note should be read alongside this policy:

• Internal Space Standards

Use of information notes to aid implementation of the local plan was agreed by cabinet on 7 October 2015. View the report here.

Policy DM2 – Amenity

Existing occupiers
Development will be permitted where it would not result in an unacceptable impact on the amenity of the area or the living or working conditions or operations of neighbouring occupants. Particular regard will be given to:

a) the prevention of overlooking and the loss of privacy;

b) the prevention of overshadowing and loss of light and outlook; and

c) the prevention of disturbance from noise, odour, vibration, air or artificial light pollution.

​Future occupiers
Development will only be permitted where:

a) it provides for a high standard of amenity, satisfactory living and working conditions, adequate protection from noise and pollution and adequate levels of light and outlook for future occupiers; and

b) such a standard can be achieved and maintained without preventing or unreasonably restricting the continued operation of established authorised uses and activities on adjacent sites.

To ensure that residential dwellings are designed to meet the demands of everyday life, adequate internal space must be provided and would normally be expected to exceed the City Council’s indicative minimum guidelines for internal space standards.

​External amenity space within residential developments
Provision must be made for external private or communal amenity space which is appropriate for and integral to the residential development and forms a key part of the overall design of the site. Communal amenity areas shall be landscaped to a high standard in accordance with policy DM3. Provision of bin and cycle storage as required by policy DM31 should not be detrimental to the provision of suitable external private or communal amenity space.

Conversions to residential use not making provision for external amenity space will only be acceptable where such provision is not feasible and:

a) it is enabling development to secure the future of a heritage asset;

b) it involves the reuse of upper floors of commercial premises within a defined centre; or

c) there are overriding benefits to the regeneration of a wider area.

Supplementary text

2.1      The NPPF is clear that planning should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings. To this end, all development must have regard to its actual or potential impact on people’s living and working conditions and the existing operations of adjacent premises. Development will be expected to adequately protect (and where possible, enhance) the amenity of nearby occupants and provide for the needs of future occupants. Within a densely developed urban area such as Norwich, it is particularly important to protect the well-being of communities and to ensure that residents and businesses are not adversely affected by development. Unless otherwise stated, this policy applies to all forms of development within the city, including changes of use and smaller proposals such as extensions. 

2.2      For the purposes of this policy “amenity” is defined as ‘the desirable features of a place that ought to be protected or enhanced in the public interest’. This includes factors such as achieving and maintaining acceptable levels of privacy, safeguarding occupiers from excessive noise or light pollution and ensuring sufficient internal and external space and light. Consideration should not only be given to the impact of individual developments, but also to cumulative impacts. The policy will consider both the use or activity itself and its direct and indirect impacts (e.g. increases in traffic). 

2.3      The protection of amenity covers both living and working conditions. This means firstly that new development should provide for adequate day to day living and working conditions for those who will be occupying it. Secondly, it means that development should not have undesirable amenity impacts on the living conditions of neighbouring residents or compromise the continued operation of uses and activities which are already established in the locality. The NPPF is clear (with particular reference to noise) that businesses wanting to develop in continuance of their business should not have unreasonable restrictions put on them because of changes in nearby land uses since they were established (paragraph 123). The policy should in effect apply a precautionary principle ensuring a pattern of development which can either avoid altogether, or mitigate so far as is practicable, any harmful effects of new development on the quality of life for the community at large. 

2.4      In relation to residential development, homes must be designed to meet the demands of everyday life, providing adequate space and facilities to enable residents to live comfortably and conveniently. The city council’s indicative guidelines for minimum internal space standards are given below. These are based on the Homes and Communities Agency core housing design and sustainability standards proposed, but not adopted, in 2010 and those adopted by the Greater London Authority. Research undertaken by the Royal Institute of British Architects (RIBA) in September 2011 (“The Case for space”) proposes a range of minimum standards largely analogous to these. Development in the majority of cases can reasonably be expected to achieve these standards in Norwich but there may be some scope to relax them on a case-by-case basis if there are exceptional conservation or regeneration benefits. The standards below will be used for guidance until such time as they are superseded by national space standards.

2.5      Outdoor space around new homes may be provided as private gardens or as communal amenity space. It should, however, be integral to the overall design of the development. Where residential balconies are accepted as part of high density development proposals, this may contribute towards the overall provision of external amenity space.

2.6      Under the provisions of this policy and to meet the requirements of the NPPF for a good standard of amenity, it can be expected that conversions to residential uses where there is insufficient external amenity space would only to be permitted in exceptional circumstances. Such circumstances might include proposals securing the essential regeneration of a wider area and ‘enabling development’ – that is, development which would not normally be permitted but is accepted exceptionally because it would allow the repair, restoration and long-term beneficial use of a heritage asset which could not be achieved in any other way. In all cases prospective developers are encouraged to consider reasonable options and to seek creative solutions for providing amenity space including the use of roof terraces, balconies and shared courtyards.

References

NPPF, CLG 2012: Core planning principles, high quality design and good standard of amenity, paragraph 17; Natural environment – avoidance of noise and other harmful impacts on health and quality of life arising from new development, paragraphs 122-123.

National Planning Practice Guidance, CLG 2014: Air quality; Design; Health and well-being; Noise; Light Pollution.

Homes and Community Agency’s proposed core housing design and sustainability standards (consultation document – March 2010).

The Case for space – the size of England’s new homes, Royal Institute of British Architects, September 2011.