Consider Notice of Review Request: Land North of Penmore Mill, Penmore, Dervaig, Isle of Mull (Ref: 20/0001/Lrb)
Argyll and Bute Council · 19 August 2024
Back to Argyll and Bute Local Review Body — 19 August 2024 and its agenda
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SUPPLEMENTARY INFORMATION IN RESPECT OF: ARGYLL AND BUTE COUNCIL LOCAL REVIEW BODY 20/0001/LRB REFUSAL OF PLANNING PERMISSION FOR ERECTION OF DWELLINGHOUSE, OUTBUILDING AND INSTALLATION OF SEPTIC TANK LAND NORTH OF PENMORE MILL PENMORE DERVAIG ISLE OF MULL ARGYLL AND BUTE 03/06/2024
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BACKGROUND OF CASE The Planning Authority is Argyll and Bute Council (‘the Council’). The appellant is Mr and Mrs Phil and Rae Tiernan (“the appellant”). Planning permission 19/01737/PP for the erection of dwellinghouse at Land North of Penmore Mill, Penmore, Dervaig, Isle of Mull, Argyll and Bute (the appeal site”) was refused by the Planning Service under delegated powers on 19/11/19. The planning application has been appealed and is subject of referral to a Local Review Body. The LRB appeal has been continued since the year 2020 to await the adoption of LDP2. This has taken four years with no submission of a new planning application nor any additional planning justification in the meantime. Additionally, in the intervening period, a new national planning policy regime for Scotland has been adopted (NPF4) which fundamentally changes the criteria upon which the 2019 planning application must now be assessed. Officers have now been asked to reassess the original application against both NPF4 and LDP2 and have been afforded just 28 days to do so. The requested reassessment has been summarised below but is, by necessity, limited to the information currently submitted, the majority of it now over four years old and predating the national and local change in planning policy. STATUTORY BASIS ON WHICH THE APPEAL SHOULD BE DECIDED Section 25 of the Town and Country Planning (Scotland) Act 1997 provides that where, in making any determination under the Planning Act, regard is to be had to the development plan, and all other material planning considerations and the determination shall be made in accordance with the plan unless material considerations indicate otherwise. This is the test for this application. SUPPLEMENTARY REPORT Officers make the following comments in regard to the current development plan and all other material planning considerations including National Planning Framework 4 (NPF4) (i) List of all Development Plan Policy considerations taken into account in assessment of the application. National Planning Framework 4 (Adopted 13th February 2023) Part 2 – National Planning Policy Sustainable Places NPF4 Policy 1 – Tackling the Climate and Nature Crises NPF4 Policy 2 – Climate Mitigation and Adaption NPF4 Policy 3 – Biodiversity NPF4 Policy 4 – Natural Places NPF4 Policy 5 – Soils NPF4 Policy 6 – Forestry, Woodland and Trees
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NPF4 Policy 7 – Historic Assets and Places NPF4 Policy 9 – Brownfield, Vacant and Derelict Land and Empty Buildings (includes provisions relevant to Greenfield Sites) NPF4 Policy 11 – Energy NPF4 Policy 12 – Zero Waste NPF4 Policy 13 – Sustainable Transport Liveable Places NPF4 Policy 14 – Design, Quality and Place NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods NPF4 Policy 16 – Quality Homes NPF4 Policy 17 – Rural Homes NPF4 Policy 18 – Infrastructure First NPF4 Policy 22 – Flood Risk and Water Management Argyll and Bute Local Development Plan 2 (Adopted 20th November 2023) Spatial and Settlement Strategy Policy 02 – Outwith Settlement Areas Policy 04 – Sustainable Development High Quality Places Policy 05 – Design and Placemaking Policy 08 – Sustainable Siting Policy 09 – Sustainable Design Policy 10 – Design – All Development Policy 15–Protection, Conservation and Enhancement of Our Historic Environment Policy 19 – Scheduled Monuments Policy 21 – Sites of Archaeological Importance Connected Places Policy 37 – Development Utilising an Existing Private Access or Existing Private Road Policy 40 – Vehicle Parking Provision Sustainable Communities Policy 55 – Flooding Policy 58 – Private Water Supplies and Water Conservation Policy 60 – Private Sewage Treatment Plants and Wastewater Drainage Systems Policy 61 – Sustainable Urban Drainage Systems (SUDS) Policy 63 – Waste Related Development and Waste Management High Quality Environment Policy 73 – Development Impact on Habitats, Species and Biodiversity Policy 77 – Forestry, Woodland and Trees Policy 78 – Woodland Removal Policy 79 – Protection of Soil and Peat Resources (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of
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Circular 3/2013. • Consultation Reponses • Planning History • ABC Technical Note – Biodiversity (Feb 2017) Settlement Strategy In terms of the adopted LDP2 the site is defined as ‘Outwith Settlement Areas’ within an area identified as ‘Countryside Area' (CA) where Policy 02 of LDP2 gives a presumption in favour of sustainable development, but only where it is of an appropriate scale, design, siting and use for its countryside location, as set out in the relevant sustainable siting and design policies of LDP2, notably Policies 70 to 76 in respect of the impact of the proposed development on the landscape and natural environment. Development proposals will be required to demonstrate that there will be no unacceptable adverse effects (either individually or cumulatively) on natural heritage resources, built and/or cultural heritage resources, and landscape and visual amenity. For any development where there is preliminary evidence that there may be such adverse effects, a landscape and visual impact assessment, natural heritage assessment, or built and/or cultural heritage assessment may be required. Policy 02 further states that certain development will be supported, generally without the need for detailed environmental assessments, with these comprising, infill, redevelopment opportunities of clusters; or previously developed sites. The development the subject of the current Review is not considered to fall within any of these development categories. In CAs, where there are nature conservation or landscape designations in place, Policy 02 details that development proposals will have to demonstrate that they are compatible with the designation interests. Proposed Development The application the subject of this Review proposes the construction of a relatively large detached, one and a half storey dwellinghouse with a first floor balcony wrapping around the entire north east facing end of the dwellinghouse, plus a detached single storey ‘pool house’ with attached ‘workshop’. This incidental building is lower in height that the proposed dwellinghouse but would have a footprint area of approximately three quarters that of the main dwellinghouse. Both buildings are of a traditional gable-roofed design and would be finished in rough-sawn timber cladding and corrugated metal roofs. Servicing and Infrastructure The application proposes to utilise and extend an existing private vehicular access spurring from the B8073 public road. A new private water supply and private sewage treatment plant is proposed to serve the development. Compliance with National and Local Development Plan 2 Policy
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Argyll and Bute ‘Local Development Plan 2’ (LDP2) was adopted on 28 February 2024 which, together with NPF4 which was adopted on 13 February 2023, represent the Development Plan providing the policy background against which proposed developments are assessed. The proposal is assessed against the relevant NPF4 Policies below which include details of the associated LDP2 policies. NPF4 Policy 1 – Tackling the Climate and Nature Crises seek to prioritise the climate and nature crises in all decisions; it requires to be applied together with other policies in NPF4. Guidance from the Scottish Government advises that it is for the decision maker to determine whether the significant weight to be applied tips the balance in favour for, or against a proposal on the basis of its positive or negative contribution to climate and nature crises. NPF4 Policy 2 – Climate, Mitigation and Adaption seeks to ensure that new development proposals will be sited to minimise lifecycle greenhouse gas emissions as far as possible, and that proposals will be sited and designed to adapt to current and future risks from climate change. Guidance from the Scottish Government confirms that at present there is no single accepted methodology for calculating and / or minimising emissions. The emphasis is on minimising emissions as far as possible, rather than eliminating emissions. The Spatial Settlement Strategy set out within LDP2 seeks to deliver sustainable levels of growth by steering the majority of development to our existing settlements as these are where the most of our current infrastructure, services, employment opportunities, housing and community facilities are to be found, however LDP2 recognises that there are instances where a different approach to significant development has to be taken particularly where existing infrastructure or services are at capacity and where a more sustainable option would be to provide new facilities elsewhere. Policy 04 of LDP2 requires developers to demonstrate that they have considered a range of sustainable development principles, a) to k), usually through the submission of sustainability checklists for siting and building design and/or through the submission of an appropriate level of information within a detailed written design statement. This requirement is further highlighted by LDP2 Policy 08 ‘Sustainable Siting’ and Policy 09, ‘Sustainable Design’. Because these national and local requirements have been introduced since the planning application was submitted some four years previously, no such information has been provided. Members are therefore requested to seek the submission of this essential information from the appellant in order that officers may carry out a competent assessment of the proposed development against these applicable planning policies. NPF4 Policy 3 – Biodiversity seeks to protect biodiversity, reverse biodiversity loss and deliver positive effects from development and strengthen nature networks. With regards to the need in NPF4 Policy 3 to protect biodiversity, it is not considered that there are any specific issues of compliance with this part of Policy 3. No material biodiversity impacts have been identified in the assessment of this application by the Planning Authority and whilst no specific proposals for biodiversity improvements have been submitted it is considered that adequate and proportionate measures for biodiversity enhancement and protection can be delivered by planning condition.
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With a condition to secure adequate and proportionate biodiversity enhancement and protection measures within the development, the proposal aligns with the broad aims of NPF4 Policy 3 and is consistent with the requirements of LDP2 Policy 73, Development Impact on Habitats, Species and Biodiversity. NPF4 Policy 4 – Natural Places seeks to protect, restore and enhance natural assets making best use of nature-based solutions. The proposed development is not within any designated European site of natural environment conservation or protection, it is not located within a National Park, a National Scenic Area a SSSI or RAMSAR site, or a National Nature Reserve. Neither is it located within a local landscape area or a site designated as a local nature conservation site or within an area identified as wild land. The proposed development is considered to be consistent with NPF4 Policy 4 and does not conflict with any associated policies set out in LDP2. NPF4 Policy 5 - Soils seeks to protect carbon-rich soils, to restore peatlands and to minimise disturbance to soils from development. The development proposed by the current planning application seeks to exploit a relatively level but elevated area of ground which is covered by a broad Class 3 Carbon and Peatland designation and an agricultural land designation of 5.1 – improved grassland. No part of the development site is within any priority peatland habitat or would affect high quality agricultural land. The proposed development is therefore considered to be in accordance with NPF4 Policy 5 and LDP2 Policy 79. NPF4 Policy 6 – Forestry, Woodland and Trees seeks to protect and expand forests, woodland and trees. Whilst the application site is immediately adjacent to an area of ancient woodland to the south and east, no part of the development proposals will harm these important wooded areas. Although the built development itself does not involve the felling of any trees, it is considered that the proposed works to extend and consolidate the access to the site may result in some minor tree loss. However, it is not considered that this limited tree loss will conflict with the overarching policy aims of NPF4 Policy 6. In this regard a planning condition is recommended on any grant of permission to secure a tree protection and retention plan to ensure that tree felling is kept to a minimum and that trees to be retained are protected during the construction period. This approach satisfies the requirements of NPF 4 Policy 6 and LDP2 Policies 77 and 78. NPF4 Policy 7 – Historic Assets and Places seeks to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places. The development the subject of this application will not affect a Listed Building and neither is it located within a Conservation Area or any other historic designation. Part (a) of Policy 7 seeks to ensure that any proposals which are likely to have a significant impact on historic assets or places are accompanied by an assessment which is based on an understanding of the cultural significance of the historic asset and/or place. In this case, it is not considered that the proposed development will have a significant impact on historic assets or places.
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Part (h) of Policy 7 seeks to ensure that proposed developments do not have an adverse impact on Scheduled Ancient Monuments (SAM) and their settings. With regards to Part (h) of Policy 7, whilst there are two SAMs within the vicinity of the site; SM10566 ‘Druimghigha Dun’, approximately 0.6 kilometres to the south of the development site, and SM10564 ‘Dun nan Dall Dun’, approximately 0.8 kilometres to the north west of the development, it is considered that the proposed development will have no materially harmful impact upon the setting of either of these historic landscape features. Part (o) of Policy 7 seeks to ensure that where there is potential for non-designated buried archaeological remains to exist below a site, developers will provide an evaluation of the archaeological resource at an early stage to allow the Planning Authority to assess impacts. However, notwithstanding the provisions of Policy 7 (o), whilst the site is within an area identified as being archaeologically sensitive, it must be acknowledged that the West of Scotland Archaeology Service (WoSAS) appear to have raised no objection to the planning application as submitted in 2019. It is therefore considered that, whilst there is the potential for archaeological discoveries within the site, this can be adequately addressed by a planning condition being imposed on any grant of planning permission to secure an archaeological watching brief for the site to be undertaken and agreed prior to work starting on the proposed development. Accordingly, with a condition to secure adequate and proportionate protection measures for the potential presence of archaeology, the proposal is considered to be in accordance with Policy NPF4 Policy 7 and does not conflict with the historic environment policies set out in LDP2 namely Policy 15, Supporting the Protection, Conservation and Enhancement of Our Historic Built Environment, Policy 19, Scheduled Monuments and Policy 21, Sites of Archaeological Importance which collectively seek to protect, conserve and enhance the historic environment, ensure that the setting of SAMs is not affected by inappropriate forms of development and that the archaeological heritage of Argyll and Bute is protected. NPF4 Policy 9 - Brownfield, Vacant and Derelict Land and Empty Buildings seeks to encourage, promote and facilitate the reuse of brownfield, vacant and derelict land and empty buildings, and to help reduce the need for greenfield development. The development the subject of this Review is within the CA as defined by LDP2 and the site is an area of greenfield land. In this regard Part (b) of Policy 9 states that proposals on greenfield sites will not be supported unless the site has been allocated for development or the proposal is explicitly supported by policies in the LDP. Whilst LDP2 Policy 02, Outwith Settlement Areas, seeks to promote a more flexible approach to development in areas identified as CA with Part A of Policy 02 giving general encouragement to sustainable development, this applies only where the proposed development is of an appropriate scale, design, siting and use for its countryside location, as detailed in the relevant sustainable siting and design policies. In this case and as seen above, officers consider that they do not currently have sufficient information from the Appellant to assess the sustainability of the development proposed. In addition, given the relatively isolated and somewhat elevated nature of the site for the proposed development, it is considered that the Appellant must also be able to demonstrate that the development proposed is appropriate in terms of its local and wider landscape impact as required by both national and local planning policy. This should be through the submission of a ‘light’ landscape and visual impact assessment (LVIA).
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Whilst officers consider that it is possible that the proposed development may accord with NPF4 Policy 9 and LDP2 Policy 02, further information must be submitted sufficient to demonstrate that the siting, scale and design of the proposed development will have no materially harmful impact upon this greenfield site within the countryside area. Members are therefore requested to seek the submission of this essential information from the appellant in order that officers may carry out a competent assessment of the proposed development against these applicable planning policies. NPF4 Policy 11- Energy seeks to encourage, promote and facilitate all forms of renewable energy development, including energy generation, storage, and new and replacement transmission and distribution infrastructure. NPF4 Policy 11(a) states that development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. Part of the proposed development, through the provision of solar P.V. panels to part of the roof of both the dwellinghouse and the detached pool building, would contribute to the expansion of low-carbon and zero emission technologies and is thereby supported to that extent by NPF4 Policy 11 and there is no conflict to this limited degree with the relevant parts of LDP2 Policy 09, Sustainable Design, which seeks proposed developments to consider renewable sources of energy. NPF4 Policy 12 – Zero Waste seeks to encourage, promote and facilitate development that is consistent with the waste hierarchy as defined within the policy document. The development the subject of this planning application seeks to secure permission for a new single dwellinghouse and ancillary pool and workshop building. Whilst this is a development likely to generate waste when operational, it will benefit from regular waste uplifts by the Council and will be expected to comply with our adopted and enforced recycling and reuse strategy. In this regard, the proposed development is considered to be in compliance with NPF4 Policy 12 and does not conflict with the requirements of LDP2 Policy 63, Waste Related Development and Waste Management which seek to ensure that effective provision for waste/recycling is provided within developments. NPF4 Policy 13 – Sustainable Transport seeks to encourage, promote and facilitate developments that prioritise walking, wheeling, cycling and public transport for everyday travel and reduce the need to travel unsustainably. The application is seeking to secure permission for a single dwellinghouse with ancillary pool house and workshop which is not considered to be a significant travel generating use or a proposal where it is considered important to monitor travel patterns resulting from the development. The Area Roads Authority in their consultation response to the refused planning application the subject of this Review raised no objections subject to improvements to the visibility splays at the junction of the public road, the construction standard of the access and the provision of three car parking spaces within the curtilage of the dwellinghouse. These required improvements can be secured through the use of planning conditions and the proposed development is therefore consistent with the broad aims of NPF4 Policy 13 and is consistent with the requirements of LDP2 Policies 37, Development Utilising an Existing Private Access and Policy 40, Vehicle Parking Provision which collectively seek to ensure that proposed developments are served by a suitable and safe access regime and provide appropriate parking provision commensurate with the scale of the development proposed.
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NPF4 Policy 14 – Design, Quality and Place seeks to encourage, promote and facilitate well designed development that makes successful places by taking a design-led approach and applying the ‘Place Principle’. Policy 14 states that development proposals will be supported where they are consistent with the six qualities of successful places. This is underpinned by LDP2 Policy 5, Design and Placemaking, Policy 08, Sustainable Siting, Policy 09, Sustainable Design and Policy 10, Design: All Development. These policies, in summary, collectively seek to ensure that developments are compatible with surrounding land uses, are sited sensitively within the landscape making use of existing infrastructure, are of an appropriate scale, sustainable design and finishes for their site; and ensure that no adverse visual or amenity impacts arise. Whilst officers consider that it is possible that the proposed development may accord with NPF4 Policy 14 and LDP2 Policies 05, 08, 09, and 10, further information must be submitted sufficient to demonstrate that the siting, scale and design of the proposed development will accord with the ‘place principle’. Members are therefore requested to seek the submission of a statement addressing the ‘six qualities of successful places’ as required by NPF4 Policy 14 from the appellant in order that officers may carry out a competent assessment of the proposed development against these applicable planning policies. NPF4 Policy 15 – Local Living and 20 Minute Neighbourhoods seeks to encourage, promote and facilitate the application of the ‘Place Principle’ and create connected and compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home, preferably by walking, wheeling or cycling or using sustainable transport options. In terms of our adopted settlement strategy, the site of the proposed dwellinghouse is in an area identified as being Outwith Settlement Areas where LDP2 Policy 02 seeks to promote a more flexible approach to development in areas identified as CA, within which the site is situated, with Part A of Policy 02 giving a presumption in favour of sustainable development where it is of an appropriate scale, design, siting and use for its countryside location, as detailed in the relevant sustainable siting and design policies. Whilst the sustainability of the proposed siting and design plus its impact upon the landscape has yet to be demonstrated, it is considered that the proposed development, and its rural location, might reasonably comply with Policy 15 of NPF4 given the existing dispersed geographical scale of the environment within which the development is to be located. Nevertheless, it is considered that the appellant should be asked to provide a written statement outlining the compatibility of the proposed development with the concept of local living and 20 minute neighbourhoods in order that a proper assessment may be made under the provisions of NPF4 Policy 15 and LDP2 Policy 02. NPF4 Policy 16 – Quality Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable homes in the right locations and providing choice of tenure to meet diverse housing needs. Policy 16(c) supports development proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, including ‘self-provided homes’ which the proposed development represents. Part (f) of Policy 16 states that development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances where, i. the proposal
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is supported by an agreed timescale for build-out and, ii. the proposal is otherwise consistent with the plan spacial strategy and other relevant policies including local living and the 20 minute neighbourhoods and, iii. (in respect of the relevant criteria) the development is consistent with policy on rural homes. Whilst an agreed timescale for build-out can be covered through the use of a planning condition, the lack of relevant information available to officers at this time means that it has not yet been determined whether the proposed development would (ii) be consistent with the plan spacial strategy or (iii) the development would accord with the policy on rural homes. Members are therefore requested to seek the submission of the relevant information as required by NPF4 Policy 16 from the appellant in order that officers may carry out a competent assessment of the proposed development against this planning policy. NPF4 Policy 17 – Rural Homes seeks to encourage, promote and facilitate the delivery of more high quality, affordable and sustainable rural homes in the right locations. Policy 17 supports development proposals for new homes in rural areas where the development is suitably scaled, sited and designed to be in keeping with the character of the area and where the applicant has demonstrated how the development will contribute towards local living and take into account local housing needs (including affordable housing), economic considerations and the transport needs of the development as appropriate for the rural location. Officers currently do not have the information required to make a detailed assessment under the provisions of this part of NPF4 Policy 17 and Members are therefore requested to seek the submission of the relevant information as required by NPF4 Policy 17 from the appellant in order that officers may carry out a competent assessment of the proposed development against this planning policy. In addition, given that the site for the proposed development is located within a defined ‘remote rural location’, Members are requested to seek from the appellant a brief statement regarding whether or not there is any claim that these proposals would benefit from the additional support for such development in respect of NPF4 Policy 17 c) NPF4 Policy 18 – Infrastructure First seeks to encourage, promote and facilitate an infrastructure first approach to land use, which puts infrastructure considerations at the heart of placemaking. Due to the lack of public water or drainage infrastructure within the vicinity of the site the application proposes private arrangements comprising a private water supply and private drainage system. At the time of planning application 19/01737/PP, the Council’s environmental health service were recommending that no objection be raised subject to a planning condition on the grant of permission to secure a report on the proposed private water supply to ensure that it is sufficient to serve the proposed development and does not impact on existing users of the same supply or adjacent supplies. A condition can also be imposed to secure details of the private drainage system. With the aforementioned conditions the proposed development aligns with NPF4 Policy 18 and is in accordance, in this regard, with LDP2 Policy 04, Sustainable Development, Policy 58, Private Water Supplies and Water Conservation and Policy 60, Private Sewage Treatment Plants and Wastewater Drainage Systems which seek to ensure that suitable infrastructure is available to serve proposed developments and give support to private water supply and drainage arrangements where connection to the public systems is not available.
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NPF4 Policy 22 – Flood Risk and Water Management seeks to strengthen resilience to flood risk and to ensure that water resources are used efficiently and sustainably. As detailed at NPF4 Policy 18 above, the development the subject of this planning application proposes a private water supply the details of which can be sought by planning condition. With regards to the management of rain and surface water at the site, this can be controlled thorough a condition imposed on the grant of permission to secure a suitable sustainable drainage system for the site. The proposal aligns with NPF4 Policy 22 and LDP2 Policy 55, Flooding and Policy 61, Sustainable Drainage Systems. Conclusion Officers have carried out an assessment of the proposed development against the new national and local planning policy framework that now exists. Whilst officers can identify no immediately apparent reasons why the proposed development might be likely to fundamentally conflict with the Development Plan, it is clear that there is a requirement for the submission and assessment of several important documents necessary to properly address the relevant national and local planning policies that have been adopted since planning permission was originally refused in November 2019. The areas where further submissions from the Appellant are required are contained within bold text in the individual policy commentary above. Members and the Appellant should note that there is a considerable degree of overlap where several of the planning policies, particularly the national planning policies within NPF4, require the submission of the same information. In the interests of simplicity, the following basic information is requested: • Submission of the Sustainability Checklist and commentary addressing LDP2 Policies 04, 05 and 08 • Submission of the Sustainable Buildings Checklist and commentary addressing LDP2 Policy 09 • A statement addressing the policy requirements of NPF4 Policy 14, the ‘Six Qualities of Successful Places’. • A statement addressing the requirements of NPF4 Policy 15 • A statement addressing the requirements of NPF4 Policy 17 b) and, if applicable, 17 c) • A ‘light’ LVIA in accordance with Light LVIA part 1 Light LVIA part 2 Light LVIA part 3