Local Plan Review 2042: Chapter 3 - Theme 3

Cherwell Local Plan Review 2042
Chapter 3 - Theme 3: Building Healthy and Sustainable Communities 

Policy COM 16: Public Rights of Way (PROW)

3.324 Cherwell benefits from many hundreds of miles of Public Rights of Way (PROW). They are a valuable resource for local people to support healthy and active lifestyles and they form an important component of our strategy for sustainable transport. PROW are protected in law. Oxfordshire County Council is responsible for managing and maintaining this extensive network alongside local councils and land-managers. It prepares an Oxfordshire Rights of Way Management Plan, and a Public Rights of Way Improvement Plan. 

3.325 We will expect new development to contribute towards mitigation measures for any part of the PROW network negatively impacted by development proposals.

Policy COM 16: Public Rights of Way (PROW)

Public rights of way will be protected and enhanced to ensure access to public rights of way and the connectivity of these networks.

Any development that will result in the loss of a Public Rights of Way or significant reduction in amenity or connectivity will not be permitted. In exceptional cases, development that negatively affects a public right of way may be permitted where it is essential that an alternative route is provided or where an altered public right of way provides better access for users or more connections to wider networks. Any changes to public rights of way requires a separate legal process.

Policy COM 17: Health Facilities

3.326 The provision of health services in the district is overseen by the Buckinghamshire, Oxfordshire and Berkshire West Integrated Care System (BOB ICS), which was formed to replace the Oxfordshire Clinical Commissioning Group (OCCG). It works in partnership with others across the health and care system to plan and deliver joined up health and care services, and to improve the lives of people who live and work in their area.

3.327 A Health and Wellbeing Board for Oxfordshire also exists to ensure effective joint working and cooperation throughout the system. The strategic focus of Oxfordshire’s Joint Health and Wellbeing Strategy 2024-2030 is to:

• Prevent ill health
• Tackling health inequalities
• Closer collaboration.

3.328 As part of their work the Health and Wellbeing Board regularly produce a Joint Strategic Needs Assessment (JSNA) a study looking at current and future health, care and wellbeing needs of residents. The JSNA (2023) is a snapshot of local health circumstance, priority and need that can be directly applied to inform vision statements, healthy place-shaping and prioritise healthy urban design features to ensure developments are supportive of public health and the Local Plan Vison.

3.329 To ensure that development promotes and contributes to a healthy living environment, proposals should consider health outcomes as early as possible, including at the vision document and pre-application stage. All major development proposals will be required to undertake a Health Impact Assessment (HIA) to maximise the opportunities for promoting healthy lifestyles within new development in accordance with Policy COM 17 HIAs should be prepared following the methodology set out in the Oxfordshire HIA toolkit.

3.330 We will continue to work closely with healthcare providers, partners and the NHS across its delivery bodies to:

• Ensure the provision of additional and reconfigured health and social care facilities
• Identify the anticipated primary care needs of local communities
• Identify the capacity needs of local communities
• Meet the healthcare requirements of local communities.

3.331 Our last local plan identified a need for more GP provision in Bicester and some limited progress has been made in securing expanded facilities for the growing town. We do, however, recognise that significant further additional provision is required.

3.332 Primary care facilities for Banbury, the Kidlington area, and the rural areas more generally are also, at or nearing capacity and this Plan seeks to address these capacity issues by supporting new health facilities in appropriate locations.

Policy COM 17: Health Facilities

The Council will support the provision, extension and co-location of health facilities in sustainable locations.

Facilities should:

i. e designed to accommodate a range of health-related services through multifunctional and adaptable facilities;

ii. Be accessible by walking, wheeling, cycling and public transport, and

iii. Be informed by discussion with relevant health providers to ensure facilities meet the identified health needs of the communities they are intended to serve.

Policy COM 18: Creating Healthy Communities

3.333 Evidence suggests that only 10% of our health and well-being is determined by access to health care. The rest is largely influenced by our lifestyle, behaviours and interaction with urban and green and blue environments, which in turn influences our social, mental and physical health and wellbeing.

3.334 We know planning influences health, but do we really appreciate just how much? Cancer, mental health and dementia are things we will all experience directly or indirectly in our lives, and when they happen, there is not anything we would not give to have prevented it. The Local Plan, the policies it contains and the influence it has on planning will have more power to prevent these conditions than the NHS will ever be able to treat, and yet we often don’t communicate it, and the opportunities to prevent them, and the often-disproportionate distribution to our most vulnerable members of society are lessened as a consequence.

3.335 We therefore consider that significant benefits for local people can be achieved by adopting the principles of Healthy Place Shaping as we plan for housing, infrastructure and the economy together with planning for our residents’ health and wellbeing.

3.336 The principles of healthy place shaping are based on the following three concepts:

1.  Shaping the built environment, green spaces and infrastructure at a local level to improve health and wellbeing;

2.  Working with local people and local organisations, schools etc to engage them in planning and enjoying the health benefits of places, facilities and services through ‘community activation’, and

3.  Re-shaping health, well-being and care services and the infrastructure which supports them to achieve health benefits, including health services, social care, leisure and recreation services, and community facilities.

Policy COM 18: Creating Healthy Communities

The Council will support and promote developments that aim to reduce health inequalities, promote healthier lifestyles and improve the health and wellbeing of our existing and new communities more generally by requiring all major developments to:

i.          Include health and wellbeing as a key section in Vision Documents and pre-application discussions and outline planning applications, communicating how the project supports the delivery of local health objectives, priorities and needs (as detailed in the JSNA);

ii.         Be supported by an appropriate and proportionate Health Impact Assessment;

iii.        Contribute towards shaping healthy communities by demonstrating that they adhere to the following principles to deliver high-quality sustainable places:

a.         Address the projected health and wellbeing needs of an area, including addressing health inequalities and avoiding and mitigating any adverse health and sustainability impacts;

b.         Design in opportunities for people to be more active e.g. street layout and public realm to encourage walking and cycling as modes of transport, open spaces/green spaces for play and recreation, sports and leisure;

c.          Enable good mental wellbeing through reducing social isolation and loneliness by encouraging social community infrastructure and opportunities for people to meet and connect with one another;

d.         Enable access to green spaces and connection with nature and heritage to promote physical and mental health and wellbeing and to deliver multiple benefits for people, place and the environment;

e.         Provide diversity in the residential offer that improves accessibility, affordability and promotes inter-generational connectivity and lifetime neighbourhoods, and

f.          Make it easier for people to make healthier food choices by promoting access to fresh, healthy and locally sourced food, for example by providing opportunities for food growing.

Policy COM 19: Hot Food Takeaways

3.337 We are committed to improving health and well-being outcomes for our local residents, and to reduce health inequalities. One of the challenges we face in promoting healthy eating is the availability of foods high in fat, salt and sugar in local neighbourhoods, including the prevalence of hot food takeaways in some areas. We will therefore support opportunities for communities to access a wider choice of healthier food options and resist the proliferation of particular types of hot food takeaways in inappropriate locations, such as adjacent to schools and playgrounds.

3.338 Hot food takeaways also have the potential to cause nuisance to nearby residents due to general activity, particularly during the late evening, cooking odours, increased traffic movements and litter.

3.339 To minimise the likelihood of disturbance, hot food takeaways will be resisted in predominantly residential areas unless the premises are situated within a neighbourhood shopping centre or other commercial frontage. Even in those situations, permission may be refused if an existing residential property is likely to experience nuisance. In predominantly residential areas, we will seek to impose planning conditions to limit the late-night opening hours of hot food takeaways.

3.340 Proposals for hot food takeaways in Banbury, Bicester and Kidlington town/village centres are likely to be acceptable without restriction on hours of opening unless the proximity of existing residential property and the need to protect amenity makes a restriction necessary.

Policy COM 19: Hot Food Takeaways

Proposals for hot food takeaways will only be permitted provided they:

i.          Would not result in significant harm to the amenity of local residents, or highway safety;

ii.         Would not result in harmful cumulative impacts because of any existing or consented outlets in the immediate vicinity, and

iii.        The proposal is not located within a five-minute walk of a school or playground, unless within an established local shopping centre.

Policy COM 20: Providing Supporting Infrastructure and Services

3.341 Our proposed Spatial Strategy aims to focus development in the most accessible parts of the district thus helping to ensure that development is well served by public transport links and the necessary physical, social and green infrastructure.

3.342 Our approach to infrastructure planning will seek to identify the infrastructure required to meet growth, and support site allocations. We will ensure delivery by:

• Working with partners, including central Government, and other local authorities, to provide physical, community and green infrastructure
• Identifying infrastructure needs and costs, phasing of infrastructure delivery, funding sources and responsibilities for delivery
• Updating our Developer Contributions planning guidance
•  Ensuring that development proposals demonstrate that infrastructure requirements can be met including the provision of transport, education, health, social and community facilities.

3.343 The Area Strategies provide details of key infrastructure requirements.

Policy COM 20: Providing Supporting Infrastructure and Services

All new development will be required to provide for the necessary on-site and, where appropriate, off-site infrastructure requirements arising from development proposals. Infrastructure requirements will be delivered directly by developers and/or through an appropriate financial contribution prior to, or in conjunction with, new development.

Where infrastructure will serve more than one development parcel or site  developers will be expected to collaborate to ensure the satisfactory delivery of the shared supporting infrastructure. In ensuring the timely delivery of infrastructure requirements, development proposals must demonstrate that full regard has been paid to the Infrastructure Delivery Plan and all other relevant policies of this plan. 

If infrastructure requirements could render a development unviable, proposals should be supported by an independent viability assessment on terms agreed by the relevant parties including the Council and County Council and funded by the developer. This will involve an open book approach. Where viability constraints are demonstrated by evidence the Council will:

i.          Prioritise developer contributions having regard to the detailed requirements set out in the Infrastructure Delivery Plan and/or

ii.         Use an appropriate mechanism to defer part of the developer contributions requirement to a later date; or

iii.        As a last resort, refuse planning permission if the development would be unsustainable without inclusion of the unfunded infrastructure requirements, taking into account reasonable contributions from elsewhere, including Community Infrastructure Levy (CIL) where applicable.

The Council’s infrastructure strategy will include a Developer Contributions planning guidance  and, potentially, a CIL Charging Schedule that will provide more detail about its approach to securing developer contributions.  Should the Council adopt a CIL Charging Schedule, CIL receipts will be pooled towards a wide range of new and improved infrastructure related to new development.

Policy COM 21: Meeting Education Needs

3.344 The provision of new or extended primary and secondary education together with early years, tertiary and lifelong learning provision will be required during the plan period to meet the needs of our growing population.

3.345 We recognise the important role that viable schools have to play in maintaining and contributing to community cohesion.

3.346 Oxfordshire County Council, as the Local Education Authority, has a statutory duty to ensure that there are enough school places to meet demand across the district.

3.347 We will work with the County Council and others to provide nursery, primary and secondary schools, further and higher education facilities, community learning facilities, special schools, and other educational facilities. This will include appropriate provision for the strategic site allocations set out in this plan.

3.348 Our support for education may include seeking the provision of new schools, contributions towards these facilities, or contributions towards expanding existing facilities. Our previous adopted Local Plan identified a need for a new secondary school at Banbury and a site to the south of the Longford Park development has been proposed. Oxfordshire County Council has advised that this school is still required, therefore we will continue to safeguard this land.

3.349 We will seek to ensure that new and extended schools are built to the highest sustainable construction standards. New facilities should also be designed to be flexible enough to accommodate the future changing needs of users and the communities they serve. Where appropriate, the use of school and college buildings and land after hours, will be encouraged to support learning across the wider community and community use of education facilities, for example sport and recreation facilities, will be supported.

3.350 Any new school buildings not identified within this plan should be located in sustainable locations on the edge or within the built-up limits of settlements.

3.351 The district has historically had a relatively low education and skills base. We will therefore encourage development that will diversify and develop the skills base of the district in the future. This will include the requirement for developers to produce and implement Community Employment Plans when developing major sites.

3.352 The Council’s Developer Contributions SPD provides further details on how developer contributions for education facilities will be sought.

Policy COM 21: Meeting Education Needs

The Council, in partnership with Oxfordshire County Council and others, will ensure the provision of pre-school, school, community learning, and other facilities that provide for the education needs, and skills development, of our communities. New educational buildings should be located in sustainable locations and built to net zero standards. Wherever possible, schools should be located within close proximity to other services and facilities to create community hubs and to help establish walkable 20-minute neighbourhoods.

Education facilities should be designed to:

i.          Achieve a high degree of environmental efficiency to minimise running costs;

ii.         Provide a safe, secure and pleasant learning environment;

iii.        Be located to promote sustainable and active modes of travel; and

iv.        Be designed to enable future expansion, if required.

Where appropriate, the Council will support the use of school streets in the immediate vicinity of schools.

Policy COM 22: Public Services and Utilities

3.353 Securing investment in strategic infrastructure such as water, waste, sewerage, electricity and digital connections helps address both current and future needs.

3.354 Gas, electricity and heat supply and investment in electricity infrastructure is provided by the private sector and the Council will continue to work with providers to ensure the necessary services to strategic sites are available. Developers should consult with the relevant utility companies in identifying the infrastructure requirements and constraints to a development site. Developers will need to take account of the location of existing services and will need to contribute financially to their relocation on development sites.

3.355 Thames Water, Anglian Water, and Severn Trent Water provide the majority of the water supply and waste services in the district. The Council will work with the water companies to plan the delivery of specific projects. The County Council is the Waste Planning Authority for waste-water services.  Policies for the management and disposal of waste-water and sewage sludge are contained within the Oxfordshire Minerals and Waste Local Plan. Planning applications for waste-water treatment are determined by the County Council in consultation with the District Council.

3.356 Good internet connectivity means that location is increasingly less important for businesses and enables greater possibilities for home-working. The Local Plan therefore recognises the role of the internet and seeks to promote it as a means of reducing the need to travel and supporting the economy. The provision of high-speed broadband will support new and relocating businesses as well as facilitating home-working for residents.

3.357 Improving Mobile communications infrastructure is key to enabling efficiencies in the local economy as well as enriching the lives of residents.  The mobile industry is currently deploying new 5G mobile infrastructure as they decommission the older 2G and 3G networks.  This requires new mobile mast locations to be secured, typically for monopoles which are needed in residential areas.  Mobile Network Operators (MNOs) are encouraged to utilise the Council’s Pre-Application process to assist with deployments such that costs are reduced for the MNOs by avoiding rejected Planning Notices or Applications, whilst assisting residents by ensuring as far as possible that new masts are located in a sensitive manner.

3.358 Increasing provision of gigabit capable broadband coverage across the district in line with the Better Broadband for Oxfordshire Programme will help deliver the rollout of next-generation mobile broadband particularly in rural areas. Development proposals will ensure there are connections to a number of internet providers offering high speed broadband and the latest mobile data connectivity where possible.

3.359 Oxfordshire currently has good levels of superfast broadband connectivity. Between 2014 and 2024 the Better Broadband for Oxfordshire programme has increased superfast broadband availability from 69% to 99% of premises across the county. In June 2024, approximately 57% of premises in the county had full fibre connectivity.

3.360 We will ensure the provision of gigabit capable broadband connectivity to all new developments, and supports network enhancements including supporting infrastructure, to provide high speed broadband to all existing homes and businesses in the district. It is essential that the strategic site allocations provide appropriate infrastructure to ensure all properties can be connected to high-speed broadband without any further works post development.

Policy COM 22: Public Services and

The Council will support proposals that involve new or improvements to public services/utilities including  if they are required to enable the delivery of sites and where they accord with other relevant policies in the Development Plan.

The Council will work with Oxfordshire County Council and others to promote faster, more reliable and more comprehensive coverage of electronic communications and allow businesses and residents to access services and information more effectively, thereby helping to reduce the need to travel.

All new developments will be required to demonstrate that the necessary infrastructure is in place or will be provided to enable access to high-speed broadband and mobile data connectivity from a range of providers.

Policy COM 23: Local Services and Community Facilities

3.361 Local services and community facilities make a significant contribution towards the health, wellbeing, social, educational, spiritual, recreational, leisure and cultural needs of the community. They also assist in maintaining healthy and inclusive communities, sustainable travel patterns and local employment opportunities. Such facilities include town, village and neighbourhood shops, post offices, pubs, community centres and halls, theatres and museums, sports and leisure facilities, schools, libraries, doctor’s surgeries and health centres, places of worship and other facilities which meet people’s day to day needs.

3.362 The sustainability and social cohesion of our communities can be harmed when these facilities are lost, particularly in the rural areas.

3.363 In recognition of this, the Government, through the Localism Act, has introduced the Community Right to Bid whereby communities can apply for services and facilities which further the wellbeing or social interest of the local community to be listed as Assets of Community Value. We will have regard to these designations when considering planning proposals for a change of use.

3.364 We will resist the loss of local services and community facilities. In considering such proposals, the Council, in consultation with the local community, will take into account the importance of the facility to the local community particularly in meeting day to day needs.

3.365 To justify the loss of facilities, it will need to be demonstrated that they are no longer viable and are no longer required because equivalent or alternative provision will remain, or will be provided to meet local needs.

3.366 For commercially run facilities such as local shops and pubs, the Council considers that a robust marketing exercise is the most transparent way of demonstrating that such facilities are no longer viable. This allows local communities to consider making a bid to run or acquire premises of value through the Community Right to Bid.

3.367 In seeking to justify the loss of local services or community facilities, applicants will also be required to consider whether existing premises or sites can be adapted to retain a viable community facility or service. In the case of the potential loss of any healthcare facilities, the Council will have regard to relevant circumstances including any programme of modernisation/rationalisation by the NHS.

3.368 In 2016/2017 the Council commissioned a ‘Cherwell Community Spaces and Development Study (CCSDS) to provide evidence and policy proposals to inform community development and community indoor space provision in relation to new housing developments. The CCSDS Study recommended a local minimum standard of provision for community hall facilities required to meet the needs of residents generated by new development. That minimum standard is 0.185m2 per person. The Study also supported the value of having a Community Development Worker available at an early stage in a new development to ‘kick start’ the process of bringing people together, developing new activities and putting in place the building blocks of a strong community. We will therefore seek financial contributions towards the provision of a community activation fund and community development worker for its strategic allocations.

3.369 We will apply this standard to all residential developments of 10 or more dwellings which generate a requirement for additional or improved community hall provision. This may include financial contributions and/or the provision of land and buildings to enable new community facilities to be provided or for existing facilities to be extended or improved.

Policy COM 23: Local Services and Community Facilities

The Council will support the provision of community facilities to enhance the sustainability of communities, and will encourage partnership working to ensure that provision is maintained to meet the needs of local communities by:

i.     Protecting and enhancing the quality of existing facilities;

ii.    Improving access to existing facilities, and

iii.   Ensuring that development proposals contribute towards the provision of new or improved facilities where the development would generate a need which cannot be met by existing provision.

Development proposals that would result in the loss of community facilities and services will only be supported where it can be clearly shown that:

iv.   Appropriate alternative provision of at least equivalent suitability and accessibility, particularly by foot, will remain, and

v.    In the case of pubs, shops and other commercially run services and facilities, the existing use is no longer viable and is incapable of being made viable or adapted to retain a viable service or facility including as a community run enterprise. A robust marketing exercise will be required to demonstrate that the use or premises is unviable.

In considering development proposals for the loss of local services and community facilities, the Council will have regard to whether a site or facility is registered as an Asset of Community Value.

Policy COM 24: Open Space, Sport and Recreation

3.370 The responsibility for the provision of open space, sport and recreation facilities in the district is shared between ourselves, Oxfordshire County Council, local town and parish councils, education providers, and private sports clubs and associations. We will continue to work with these partners to deliver the required facilities to meet the needs of our communities.

3.371 Well designed, accessible, attractive and functional open space, including allotments and other community food growing schemes are essential for health and wellbeing, as well as the creation and maintenance of attractive, strong and vibrant communities. It can also play a role in biodiversity enhancement and mitigating the negative effects of climate change.

3.372 Our evidence, for open space and play provision recommends that the standards for play space set out in our 2015 Plan should be retained.

3.373 Our 2023 Playing Pitch and Outdoor Sports Strategy identifies shortfalls of provision to meet quantitative needs for football, rugby union and hockey (both natural grass pitches and artificial grass pitches) and recommends qualitative improvements to pitches for all pitch sports and associated facilities.  It also states that there is likely to be a need for some new provision in specific areas to completely alleviate existing and future deficits given the considerable shortfalls identified, particularly for rugby union (i.e., in Banbury and Bicester). Specifically in relation to football and hockey, a shortfall of 3G and sand-based artificial pitches respectively that can only be met through increased provision is identified.

3.374 Our 2024 Indoor and Built Facilities Strategy states that there is a requirement to continue to invest in indoor and built facilities in Cherwell. In particular, there is a need for a long-term investment plan for the upgrade/replacement and potential expansion of Bicester, and Kidlington and Gosford leisure centres, to support expected population growth.

3.375 All development proposals should investigate and maximise opportunities to enhance open space, play, sport and recreation facilities, particularly in areas of deficiency in quantity and quality. Where it is not feasible or appropriate to deliver new provision on site, new development can help to enhance existing provision locally.

3.376 All proposals, where appropriate, will be required to comply with the Council’s local standards for the provision of open space as set out in Table 9 or any subsequent updates.

3.377 The minimum size of provision and thresholds for on-site provision are intended to act as a guide to developers. The precise composition of the provision will depend on the details of the proposal and its location. For example, combined play area schemes or other innovative proposals may be preferable to the provision of LAPs, LEAPs and NEAPs in some cases.

Type of provision: Play space (combining provision for younger and older provision, including MUGAs)

Quantitative Standard	Accessibility Standard	Minimum Size of Provision	Threshold for On-site Provision
0.78 ha per 1000 people	5 minutes walk (400m)  except for NEAPs  15minute walk (1200m)	LAP 100m2 activity zone; 400m2 including buffer zone LEAP 400m2 activity zone; 3600m2 including buffer NEAP 1000m2 activity zone; 8500m2 including buffer In some cases a combined all-age area of play will be preferable to the provision of  LAPs/LEAPs/NEAPs. In addition, the provision of pocket parks, play streets and other innovative provision of play will be encouraged in appropriate locations.	10 dwellings   50 dwellings   100 dwellings

Type of provision: General green space (parks and gardens, natural and semi natural/amenity green space)

Quantitative Standard	Accessibility Standard	Minimum Size of Provision	Threshold for On-site Provision
2.4ha per 1000 urban dwellers 2.74 ha per 1000 rural/urban edge dwellers	5 minute walk (amenity open space) (400m) 15 minute walk other (1200m)	200m2	10 urban dwellings 6 rural dwellings

Type of provision: Allotments/ Community Gardens

Quantitative Standard	Accessibility Standard	Minimum Size of Provision	Threshold for On-site Provision
0.37 ha per 1000 people.	10 minute walk (800m)	0.2 ha	275 dwellings

3.378 The underlying principles are that all new dwellings should contribute towards the provision of open space. Where on-site provision is not achievable or appropriate a financial contribution will be sought from developers towards the improvement of provision elsewhere in the locality. It may also be appropriate to seek green space provision or a contribution towards such provision in association with non-residential development.

3.379 In addition, we encourage developers to design schemes that provide ‘play friendly’ environments, such as pocket parks and play streets. Such schemes will need to be considered at the initial design stage and we will take measures to ensure that well maintained, attractive, safe and inclusive environments for children’s play.

3.380 The requirements from developments for new sports and recreation provision will be based on the Council’s up to date evidence (Playing Pitch Strategy and Built Facility Strategy) in conjunction with the Sport England’s Playing Pitch and Sports Facilities Calculator. This calculates a development’s playing pitch requirements, associated costs for providing the required pitches and associated ancillary facilities (such as changing rooms and car parking) to meet the demand generated by the development.

3.381 Similarly, the requirements for built sports facilities will be assessed using Sport England’s Built Facilities calculator and local evidence.

3.382 Sport England will be consulted on proposals which would result in the loss of sports and recreation facilities.

Policy COM 24: Open Space, Sport and Recreation

All open spaces, allotments, sport and recreation facilities will be protected and where necessary enhanced to ensure access to a network of high-quality, accessible, sport, play and recreation provision within the district.

The loss of open spaces, sports, play and recreation provision, will not be permitted unless it can be demonstrated that:

i.          An assessment has been undertaken which clearly shows the provision and the function it performs is surplus to requirements, or

ii.         The loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable, accessible location within the local catchment area; or

iii.        The development is for alternative sports and recreational provision, the benefits of which clearly outweigh the loss.

New residential development is required to maximise opportunities to incorporate new publicly accessible, high quality and multi-functional open space and/or, where appropriate, enhance existing provision commensurate to the need generated by the proposals.

In determining the nature of new or improved sports and recreation provision the Council will be guided by the most up to date evidence and Sports England’s Playing Pitch and Built Facilities Calculators. The Council will also consult with Town and Parish Councils, together with potential users wherever possible, to ensure the provision meets local needs.

The Council will require children’s play, and general green space to meet the minimum standards set out in Table 9 . The design, layout and range of equipment should be inclusive and fully accessible to children and young adults with disabilities, including wheelchair users.

Where it can be clearly demonstrated that proposals are not able to incorporate new provision or enhance existing provision to serve the new community, then an appropriate financial contribution may be requested, where such contributions will provide alternative or enhanced and conveniently accessible off-site open space provision.

Development proposals on open space will only be permitted where it:

iv.        Improves the quality of the open space and promotes inclusive access to a wide range of users and recreational interests;

v.         Is demonstrably ancillary to the use of the open space and its primary function, e.g., play/sports fields;

vi.        Contributes to both the character and amenity of the area and are appropriate and proportionate to the function and nature of the open space, and

vii.       Does not have a detrimental impact on the environmental function of the open space.

Maintenance plans should be submitted at planning application stage for all new facilities to ensure their long-term quality and management.

Non-residential development proposals are encouraged to provide areas of amenity open space of a proportionate size, scale and character within or adjacent to the development.

Policy COM 25: Local Green Space

3.383 Local Green Space designation affords local communities the opportunity to identify and protect green spaces of particular importance to them, subject to criteria being met as set out in national policy.

3.384 Once designated, the level of protection given to Local Green Space is similar to that given to the Green Belt, thereby preventing inappropriate development other than in very special circumstances.

3.385 There are a number of existing designated Local Green Spaces in the district that have been created by Neighbourhood Plans. We will continue to encourage future Neighbourhood Plans to consider whether it is appropriate to designate further local green spaces.

3.386 Several proposals for Local Green Space have been received through the preparation of this plan and these have been evaluated against the criteria contained in Government guidance.

3.387 A Local Green Space does not have to be publicly accessible, or in public ownership, and designation does not confer any rights of public access. However, it is important that development proposals do not compromise the community value of a space, and that opportunities are taken to enhance any community use of the site wherever possible.

Policy COM 25: Local Green Space

Development will not be permitted within a designated Local Green Space unless consistent with the national policy approach to development within the Green Belt. Inappropriate development within a designated Local Green Space will not be permitted except in very special circumstances.

The following sites are designated as Local Green Space as shown on the Policies Map:

• Derwent Green, Bicester
• Gavray Drive, Bicester
• Langford Community Orchard, Bicester
• Stratfield Brake Nature Reserve, Kidlington
• Field between Park Farm and the Castle Grounds, Hanwell
• Bowmont Square, Bicester
• Dangerfield, Bicester
• Hamilton Close, Bicester
• Kings Meadow Recreational Ground, Bicester
• Meredith Close, Bicester
• Keta Field, Bicester
• Leach Road Allotments, Bicester
• Evenlode Allotments, Bicester
• Colne Close Allotments, Bicester
• George Street, Bicester
• Hudson Street, Bicester
• Isis Avenue, Bicester

The community value of a designated Local Green Space should be maintained and where appropriate, enhanced through improvements in access and community use, whilst also protecting the character of the space.

Any new development adjacent to a designated publicly accessible Local Green Space should provide active frontages to facilitate natural surveillance, as well as maintaining access points and the use of sensitive boundary treatments.

Policies COM 26 to 29: Historic Environment

Historic Environment

3.388 The conservation of our historic environment is key to protecting and enhancing the character of the district and ensuring that it continues to be an attractive place to live and work. It is essential that heritage assets are protected and enhanced whilst contributing towards the objectives in this Plan.

3.389 The district enjoys an extremely rich and varied historic environment, which contributes significantly to its culture, economy and tourism. This historic environment is not just limited to our built environment and archaeological sites, but also includes landscapes identified because of their history, archaeological, architectural, cultural or artistic interest.

3.390 Our 1995 Cherwell District Landscape Assessment identified four distinct landscape character areas in the district, with each displaying distinct settlement patterns, building materials and vernacular architecture to create a strong, locally distinctive urban and rural environment.

3.391 The NPPF uses the term 'heritage asset' which can be designated or non-designated. Examples of these are Scheduled Monuments, Listed Buildings, Historic Farmsteads, Conservation Areas, Registered Parks and Gardens, Registered Battlefields and archaeological remains. Throughout Cherwell, there are numerous designated heritage assets that enjoy statutory protection. These include approximately 2,300 Listed Buildings, 60 Conservation Areas, 38 Scheduled Monuments and 11 nationally recognised registered parks and gardens that fall fully or partially within the district, and one historic civil war Registered Battlefield. The district also contains over 200 recorded archaeological sites. In some areas the MOD’s presence has influenced the built environment with Bicester Airfield and the former RAF Upper Heyford recognised as being of national historic importance. The Oxford Canal Conservation Area runs north-south through the district.

3.392 In addition, there are many non-designated heritage assets, which although not having statutory protection, represent an important aspect of the district’s heritage and play a significant role in defining the local character of our towns, villages and countryside. Non-designated heritage assets of archaeological interest, that are demonstrably of equivalent significance to scheduled monuments, should be considered of equal importance to designated heritage assets. Government policy (NPPF) requires the Council to consider any impacts arising from a development proposal on non-designated heritage assets.

3.393 Non-designated heritage assets of local importance are known as Local Heritage Assets (LHA’s), these include built structures formerly known as ‘locally listed’ buildings and other significant landscape features such as village ponds. Many Local Heritage Assets have been identified as important within Conservation Area Appraisals. We anticipate that more examples will be identified as we undertake further appraisals and local communities, and other stakeholders will continue to have a role in identifying local heritage assets.

3.394 Details of non-designated heritage assets, Local Heritage Assets, locally important historic parks and gardens, archaeological sites and find spots, are held on the Oxfordshire Historic Environment Record (HER).

3.395 The built heritage of the plan area is rich and varied - containing a valuable resource of surviving high quality vernacular architecture. North Oxfordshire is rich in history, having pre-Roman routes and settlements, and with medieval wealth predominantly derived from sheep farming.

3.396 The great majority of listed buildings, structures and monuments in the district are in good condition. However, there are a number of buildings that have fallen into disuse, dereliction and disrepair for a variety of reasons. The Council maintains a register of Buildings at Risk. The aim of this register is to raise awareness of the problems relating to historic buildings at risk to the wider public. It also aims to prompt the owner or members of the public to take action to get these buildings repaired and secure their long-term future. Historic England also publish a national 'Heritage at Risk' register which contains Grade I and II* listed buildings or structures known to be 'at risk' through neglect and delay.

3.397 Conserving and enhancing the historic environment is a critically important part of sustainable development and a key element of this Local Plan. At the national level there is a presumption that heritage assets will be conserved in a manner that is appropriate to their significance and it is also acknowledged that they can contribute to the quality of life they bring to current and future generations.

3.398 We have a rolling programme of reviewing Conservation Area Appraisals and may use Article 4 Directions to maintain the character of our historic environment, where appropriate.

3.399 When considering development proposals there will be a strong presumption in favour of protecting, sustaining and enhancing the significance of our heritage assets and their settings. The weight to be attached to that presumption, when assessed against meeting other needs, will be dependent on a variety of factors, including:

• The significance of the heritage asset and the type, level and Grade of designation
• The contribution that the affected part of the asset makes to the significance of the heritage asset as a whole
• Non-designated heritage assets of archaeological interest, which have equivalent significant to schedule monuments, should be considered against policies for designated heritage assets.

3.400 In order to enable us to positively manage change, applicants will be required to submit a Heritage Statement and Impact Assessment which assesses the significance of the asset, and the impact of development on that significance. The Oxfordshire Historic Environment Record should be consulted as a minimum, and relevant Conservation Area Appraisals or design guidance notes where applicable. The Statement should provide detailed evidence to demonstrate that:

• The proposals have been formulated with a fully informed understanding of the significance of the heritage asset and its setting, and the effect of the proposals on that significance
• The heritage asset is being put to the optimum viable use consistent with its conservation, and the conservation of its character and setting
• Opportunities to sustain, enhance, to better reveal, avoid or minimise harm to the significance of the asset have been taken
• The development could not be achieved in a less harmful way.

3.401 Where a development site has archaeological interest, an archaeological desk-based assessment will need to be submitted along with any planning application for a site. In some cases field evaluation may also be required. Not all heritage assets have currently been identified, so the assessment will need to consider the likelihood of previously unidentified heritage assets being present on the site.

Policy COM 26: Historic Environment

All development proposals should conserve and/or enhance the special character, appearance and distinctiveness of Cherwell District’s historic environment, including the significance of its designated and non-designated heritage assets, in a manner appropriate to their historic character and significance and in a viable use that is consistent with their conservation, in accordance with legislation, national policy and guidance for the historic environment.

Designated Heritage Assets

When considering development affecting a designated heritage asset or its setting, great weight will be given to the significance of the asset and its conservation. The more important the asset, the greater the weight should be.

Development proposals related to designated heritage assets must conserve or enhance the heritage assets and have special regard to;

I.          The special architectural and historic interest of Listed Buildings and structures and the conservation of their character, fabric and their settings;

II.         The special architectural and historic interest, character and/or appearance of the District’s Conservation Areas and their setting, including the contribution their surroundings make to their physical, visual and historic significance;

III.        The special archaeological and historic interest of nationally important monuments (whether Scheduled or not), both with regard to their fabric and their settings; and

IV.        The special cultural and historic interest of Registered Parks and Gardens, and Registered Battlefields, including the contribution their surroundings make to their physical, visual and historical significance.

Proposals that would lead to harm to the significance of a designated heritage asset will not be permitted, unless there is a clear public benefit to outweigh that harm. Any such assessment will take into account, in the balance of material considerations;

• the significance of the asset
• the level of the harm
• the nature and level of the public benefit of the proposal.

Non-designated Heritage Assets

Development affecting a non-designated heritage asset will be permitted where it is designed sympathetically having regard to the significance of the asset, its fabric, character and setting.  Where possible, development should seek to enhance the character of the non-designated heritage asset.

Proposals for demolition or total loss of a non-designated heritage asset will be subject to a balanced assessment taking into account the significance of the asset and the degree  of harm or loss.

All Heritage Assets

All applications likely to affect heritage assets will require the submission of a heritage statement, including a qualitative visual assessment where appropriate.

Where development is likely to affect archaeology, both designated and undesignated, the Council requires the submission of a desk-based assessment, and where appropriate, field surveys and trench evaluation by a qualified professional.

Where the loss of significance is unavoidable, recording should take place at a level appropriate to its significance and this should be added to the Historic Environment Record as a minimum, held by Oxfordshire County Council.

The Council will continue its proactive approach to heritage assets at risk and welcomes development proposals which would result in the sympathetic reuse of these assets in line with national guidance.

The Council will promote development which sustains, respects or enhances heritage assets which contribute to the historic character of an area through the use of Conservation Area Appraisals, Design Guidance and Statements, Archaeological Assessments, Characterisation Studies and masterplanning.

Proposals which would harm the significance of a designated or undesignated asset will not be approved, unless there are substantive tangible public benefits that clearly and convincingly outweigh the harm, using the balancing principles set out in national policy and guidance.

Policy COM 27: Conservation Areas

Proposals for development in a Conservation Area or affecting the setting of a Conservation Area must conserve or enhance its special interest, character, appearance and setting. In particular special attention will be paid to:

i.          The location, form, scale, massing, density, height, layout, landscaping, use, alignment, detailing and external appearance of the development;

ii.         Views within, into or out of the Area;

iii.        The pattern of development and the effects to important green spaces, and other gaps or spaces between buildings and the historic street pattern which make a positive contribution to the character in the Conservation Area;

iv.        The wider social and environmental effects generated by the development;

v.         Loss or harm or enhancement to features that make a positive contribution to the special interest, character or appearance of the Conservation Area;

vi.        The impact of advertisements and signage;

vii.  The impact of lighting and illumination.

Applications for the demolition of a building in a Conservation Area will only be permitted where it has been demonstrated that:

i.          The building detracts from or does not make a positive contribution to the special interest, character or appearance of the Conservation Area; or

ii.         The building is of no historic or architectural interest or is wholly beyond repair and is not capable of beneficial use; and

iii.        Any proposed replacement building makes an equal or greater contribution to the special interest, character or appearance of the Conservation Area.

Wherever possible the sympathetic restoration and re-use of buildings that make a positive contribution to the special interest, character and appearance of a Conservation Area will be encouraged, thereby preventing harm through the cumulative loss of features which are an asset to the Conservation Area.

Policy COM 28: Listed Buildings

Proposals for additions or alterations to, or change of use of, a Listed Building (including partial demolition) or for development within the curtilage of, or affecting the setting of, a Listed Building, should:

i.          Conserve or enhance the special architectural or historic interest of the building;

ii.         Respect the building’s historic curtilage, context or its value within a group and/or its setting, including its historic landscape or townscape context, and

iii.        Retain the special interest that justifies its designation through appropriate design that is sympathetic both to the Listed Building and its setting and that of any adjacent heritage assets in terms of siting, size, scale, height, alignment, materials and finishes (including colour and texture), design, details and form.

Policy COM 29:  Registered Parks and Gardens and historic Battlefields

Development should conserve or enhance the special historic interest, character or setting of a battlefield, or park or garden on the Historic England Registers of Historic Battlefields or Register of Historic Parks and Gardens of Special Historic Interest in England.

Development that is supported in principle within the setting of a registered park, garden or historic battlefield, will, where applicable,  be expected to:

i. Reinstate landscape or built features which contribute positively to the historic interest of the park or garden;

ii. Remove landscape or built features that harm the historic interest of the asset;

iii. Preserve the views into, from, and across the park, garden or battlefield, including any impacts from artificial lighting.

Development within or affecting a Registered Park, garden or battlefield should preserve the significance of the heritage asset and be informed by appropriate research, guidance and expertise.

Policies COM 30 and 31: The Oxford Canal

3.40 The Oxford Canal is an iconic structure running the length of the district through the attractive valley of the River Cherwell, and is of historic, ecological and recreational significance. The Oxford Canal, with its locks, bridges and wharves, contributes a very great deal to the character of the District. Following an appraisal, the length of the canal through Cherwell District was designated as a Conservation Area in October 2012. The Conservation Area boundary has been drawn to include the towpath and towpath hedge, canal related earthworks and features including historic wharfs and locks, and woodland. The Conservation Area Appraisal provides a clear context for future development and should be read alongside this policy.

3.403 The biodiversity value of the canal is reflected in a number of statutory and non-statutory designations along the length of the canal. In terms of recreation, the canal is popular for boaters and anglers. A public footpath runs the length of the canal, and a section of the route is a public bridleway. The canal and towpath are owned and maintained by the Canal and River Trust, but the responsibility for any planning matters lies with the District Council.

Policy COM 30: The Oxford Canal

The Council will protect and enhance the Oxford Canal corridor which passes north to south through the district as a green transport route, significant industrial heritage, tourism attraction and major leisure facility through the control of development. The length of the Oxford Canal through Cherwell District is a designated Conservation Area and proposals that would be detrimental to its character or appearance will not be permitted. The biodiversity value of the canal corridor will also be protected and enhanced.

The Council will support proposals to promote transport, recreation, leisure and tourism related uses of the Canal where appropriate, as well as supporting enhancement of the canal’s active role in mixed used development in urban settings. Development proposals are expected to establish a positive relationship with the canal's waterfront character, taking full advantage of its location and addressing the waterway as a frontage.

The Council will ensure that the towpath alongside the canal becomes an accessible long-distance trail for all users which links with existing networks of pedestrian and cycle routes. Development on the route of, or adjacent to the Oxford Canal must not prevent the improvement, reconstruction, restoration or continued use of the canals or towpaths.

Other than appropriately located small scale car parks and picnic facilities, new facilities for canal users should be located within or immediately adjacent to settlements. The Council encourages pre-application discussions to help identify significant issues and opportunities associated with a site and to consider appropriate design solutions to these and we will seek to ensure that all new development meets the highest design standards, and is supportive of health, wellbeing and equality.

Such schemes should not compromise the use or operation of existing navigable waterway features such as junctions or locks.

All new buildings, extensions and alterations to existing buildings adjacent to the Oxford Canal should be designed to a high standard that complements the traditional characteristics of a canal side setting in terms of design, materials and landscaping.

Policy COM 31: Residential Canal Moorings

Proposals for the siting of permanent residential moorings on the Oxford Canal will only be supported when:

i.          The site is within, or immediately adjacent to, the built-up limits of a settlement;

ii.         Adequate car parking is provided;

iii.        Moorings are compatible with adjacent land uses;

iv.        The number and density of boats at any one point is not so great that it would act as a barrier separating people from the waterway or be detrimental to the character of the canal. Moorings will not be permitted immediately adjacent to the tow path;

v.         They do not have negative impacts on navigation and navigational safety or operational requirements of the waterway;

vi.        The biodiversity of the water, its margins and nearby nature conservation sites will be maintained or enhanced;

vii.       There is adequate access for emergency services to ensure safety;

viii.      Sites have adequate accessibility by walking, cycling and public transport to facilities and services including shops, healthcare, education and employment;

ix.        There is adequate access to or provision of facilities and servicing, including water supply, electricity and disposal facilities for sewage and waste;

x.         Use of any adjacent paths will not be impeded, and

xi.        The proposed development will not cause any significant adverse visual impacts or restrict the ambition for increased access to and opportunities to enjoy enhanced water related infrastructure facilities for all residents.