Housing

Introduction

5.1 The provision of adequate housing, in terms of an appropriate amount and range of accommodation, well located in relation to jobs and services and affordable, is a fundamental objective of the planning system and of this Local Plan. The position of the District in relation to Greater London, Crawley/Gatwick and Brighton, together with its attractive environment, has made Mid Sussex an attractive place to live and has historically resulted in considerable pressure for additional housing development. As explained in Chapter 6 on the economy, the District enjoys a prosperous local economy, and this is reflected in the housing characteristics of the area. The 2001 Census showed a total housing stock of 52,000 households of which 80% were owner-occupied, 10% were privately rented and 10% were rented from a housing association. The majority of the housing in the District is in sound condition with less than 3% of properties in a recent house condition survey being classed as ‘unfit’.

5.2 This overall picture however hides the fact that a significant minority of households continue to suffer housing difficulties. A significant number are unable financially to consider outright home ownership as the price of housing in the District is well above the national average. There has been a continuing upward trend in the number of people accepted as homeless over recent years, mainly as a result of the recession in the early 1990s together with the impact of modern social trends. The waiting list for social rented accommodation in the District has remained relatively constant over recent years at around 1400 applicants.

5.3 In order to supplement the above indicators of housing need the District Council carried out a housing needs survey of the whole District. This survey, carried out in 1999, revealed some 1100 households expressing a need for separate accommodation in the local area within the following 5 years. Of these over 80% were single people or couples without children. The survey revealed a significant amount of unmet housing need for which owner-occupation was not a realistic option due to financial constraints. Based on the ONS New Earnings Survey and house prices held by the Land Registry, in 2000 Mid Sussex ranked sixth highest out of 325 local authorities in terms of the ratio of average house prices to annual earnings. Mid Sussex also ranked ninth highest in terms of average house prices relative to the average price for England. The need for additional housing association and privately rented accommodation therefore remains and one of the objectives of this Local Plan is to assist in the provision of such accommodation subject to other constraints.

5.4 As well as allocating land for housing development through its planning powers, the District Council has an important housing role as the statutory housing authority for the area. Following the transfer of its rented properties to the Mid Sussex Housing Association in 1990, the District Council no longer owns or manages any housing properties. Nonetheless, the Council has an important role as ‘enabler’, seeking to guide, help and encourage other organisations, whether public or private, statutory, voluntary or commercial, to meet the housing needs of residents of the District. Whilst the New Downland Housing Association is the largest single provider of rented housing in the District, there are some 30 other registered housing associations which operate in the area. The District Council maintains an active role in supporting and funding additional housing association schemes on a range of sites, including allocated land or opportunity sites, ‘exception’ sites and also by purchase of existing housing when appropriate.

Policy Background

5.5 Government policy towards housing provision is set out in PPG3: Housing published in March 2000. The Government intends that everyone should have the opportunity of a decent home and that the housing needs of all in the community should be recognised. PPG3 states that one of the roles of the planning system is to ensure that new homes are provided in the right place and at the right time, whether through new development or the conversion of existing buildings (PPG3 para 3). Local authorities should provide a choice of sites which are both suitable and available for housebuilding.

5.6 The emphases which are expressed in PPG3 relate to:

• providing a good mix in the size, type and location of housing available;

• meeting affordable housing needs and other special needs;

• giving priority to re-using previously developed land within urban areas in preference to the development of greenfield sites;

• ensuring accessibility by public transport and seeking to reduce car dependency; and

• promoting good design and creating attractive, high quality living environments.

Housing Requirement

5.7 This Local Plan seeks to meet the housing requirement set out in the 1993 West Sussex Structure Plan for the period up to 2006, as shown below. Currently this is the approved Plan for West Sussex. The Structure Plan has been reviewed, the Deposit Draft West Sussex Structure Plan 2001-2016 published in November 2001 has been through an Examination in Public, the Panel's report was published in March 2003 and proposed modifications were published in December 2003. It is expected that the emerging Structure Plan will be adopted Autumn 2004. Housing figures for the West Sussex districts for the period to 2016, which meet the requirements of the Regional Planning Guidance for the South East (RPG9), are set out in the Deposit Draft Structure Plan. Housing figures for Mid Sussex for the period 2006-2016 will be dealt with in the review of this Local Plan which will be in the form of a Local Development Framework for Mid Sussex (as required by the Planning and Compulsory Purchase Bill).

Mid Sussex Housing Provision

5.8 Housing land supply requirement for Mid Sussex, 2002 – 2006, based on the Approved Structure Plan (1993) incorporating Inspector's Recommendations.

(Table based on figures for Housing Land Supply at 1st July 2002 collected by West Sussex County Council July 2003)

5.9 An explanatory note on housing supply in Mid Sussex is set out in Appendix A to this Local Plan showing how the Council meets the requirement to identify sufficient housing for a five year supply without needing to rely on unidentified sites. The note lists all applications for 6 or more dwellings which have been granted planning permission since 1st July 2002 and shows the number of applications on small sites, ie those for less than 6 dwellings, which have been granted planning permission since 1st July 2002 (it is assumed that 55% of the small site permissions will be implemented). These sites contribute to the identified housing supply. The note also considers the housing supply situation for Mid Sussex for the period 2006-2007.

5.10 This Local Plan seeks to make provision to satisfy the outstanding requirement above. This will be allocated in accordance with the Council’s housing strategy.

5.11 Within the overall requirement an allowance is made for ‘unidentified’ sites. These are sites which are not allocated in the Local Plan and which come forward for development as unanticipated ‘windfall sites’. Prior to the recent PPG3, unidentified sites, including small sites of up to 1 hectare, could be either greenfield sites or previously developed sites. PPG3 still specifies that an allowance for windfalls should be made, but states that this should only be for previously developed sites, although any size site may now be included. Based on past trends and the increased emphasis on utilising previously developed sites the Council believes that this is still a realistic allowance.

5.12 PPG3 requires Local Planning Authorities to show sufficient sites on the Proposals Map to accommodate at least the first five years' of housing development proposed in the Plan (these sites will not include the allowance made for unidentified sites). The Proposals Map shows those sites previously allocated in the adopted area Local Plans for Mid Sussex which preceded this District Wide Plan, where implementation is currently underway or is still to take place. These allocations are carried forward into this Local Plan. The Proposals Map also shows the additional allocations proposed in this Plan for the period up to 2006.

Strategy for Identified Sites

5.13 In addition to those housing sites already identified in previous Local Plans and carried forward this Local Plan includes allocations for sites to accommodate approximately 1,000 additional dwellings. Housing allocations are made on previously developed sites and greenfield sites.

5.14 (i) Previously developed sites

In addition to those windfall sites on previously developed sites the Council is keen to stimulate opportunities within its existing urban areas, by allocating land for housing and making optimum use of its previously developed buildings and sites. Maximising the potential of all new opportunities in terms of design and density will be an important consideration. Consideration has been given to buildings currently in commercial or educational use. Where it is considered that the loss of the current land use will not prejudice the economic viability of the area or where new opportunities are being achieved through acceptable relocation, the Local Plan identifies sites where change of use can be made to residential.

5.15 The 1999 District Housing Needs Survey has identified a significant requirement for single person accommodation. Particularly within the urban areas, in close proximity to the railway stations and other public transport, the opportunity to include a high proportion of one and two bedroom flats or smaller dwellings needs to be maximised. In these areas it will also be appropriate to reduce the current parking standards, in line with guidance in PPG3. (See paragraphs 8.56 and 8.59 in the Transport and Parking Chapter). However, it will be very important to ensure that attractive design is achieved which enhances the urban area and which does not lead to town cramming or loss of important amenities such as woodland and open space.

5.16 Within the urban areas, particularly in the three main towns, the Council will encourage:

• the re-use of empty homes;

• conversion of empty or under-used space above shops and offices;

• conversion of existing houses to flats, where appropriate;

• conversion or redevelopment of non-residential buildings, where the use is redundant or is moving to other, more suitable premises; and

• redevelopment of existing buildings or sites, where this is considered necessary or appropriate to allow for the efficient use of the site.

5.17 The Council launched its empty homes campaign in May 1997 with the aim of ensuring that effective use is made of existing empty properties throughout the district. To date this has resulted in nearly 90 properties being brought back into use either for owner occupation, private renting or as part of a housing association leasing scheme.

5.18 (ii) Greenfield Sites

About 40% of the new allocations in this Plan are on greenfield sites. These are on relatively small sites mainly on the edges of urban areas, adjacent to existing development. A number of environmental and policy criteria have been taken into consideration in identifying these sites. These relate to protecting Areas of Outstanding Natural Beauty, Strategic Gaps, areas of importance for nature conservation, important wildlife habitats, best and most versatile agricultural land, areas likely to be affected by flooding, natural features including trees and areas of woodland. Policies relating to these issues are set out in the Countryside Chapter of this Local Plan.

Policy Aims

5.19 The aims of the Local Plan with regard to housing are:

(a) to ensure a suitable and adequate supply of land for housebuilding is available during the Plan period which allows housing development to proceed in line with the Structure Plan and in accordance with government advice;

(b) to ensure that wherever appropriate opportunities to make use of redundant buildings or previously developed sites within the built-up areas are maximised before developing greenfield sites;

(c) to ensure that efficient use is made of land in terms of density and the provision of a suitable mix of size, type and tenure of housing;

(d) to ensure that new housing development seeks to meet the local needs of specific groups including those unable to compete on the open market, the elderly and those with special needs;

(e) to ensure residential development is properly located to take account of employment, environment, wildlife, infrastructure and traffic considerations and that adequate provision is made for open space and community facilities;

(f) to ensure that all new development is well served by public transport, cycle and pedestrian routes;

(g) to ensure the design and layout of new housing is in keeping with the character of the local area, uses compatible materials and includes appropriate open space and landscaping to create an attractive living environment; and

(h) to ensure that the necessary and appropriate infrastructure provisions and community benefits are secured with new development.

Policies and Proposals

Housing Allocations

5.20 In accordance with the overall strategy of the Local Plan and the housing strategy, set out above, Policy H1 lists a number of sites allocated for residential development. This list includes those allocations carried forward from previously adopted area Local Plans for Mid Sussex. These are listed first and indicate which Plan they originate from. Subsequent sites are listed with previously developed sites preceding the greenfield sites. The policy number shown against each site refers to the specific policy which details the site, housing numbers and requirements. These proposals are included in the relevant settlement chapters. Development Briefs, including a design statement, will be prepared for each of the sites.

5.21 As stated above the Council is committed to optimising opportunities for development on previously developed sites and minimising the take-up of greenfield land. The new allocations include both previously developed and greenfield sites; approximately 60% of the dwellings to be accommodated through these allocations will be on previously developed sites, in line with the Government’s target. In view of the short timescale of this Local Plan there is little scope for phasing the proposed development and hence the policy does not try to indicate any order of priority for development on the following sites. Applications for housing development on either windfall or allocated sites will be assessed against the policy aims set out in paragraph 5.19 above.

5.22 A reserve, greenfield site, is also included in policy H1. This is included as a contingency measure to ensure that sufficient housing land can be provided for the period to 2006 should there be delays in the delivery of identified or unidentified sites. This land will only be released should there be a shortfall in housing supply identified through regular monitoring of housing permissions and completions. The Council is committed to the plan, monitor and manage approach to ensure delivery of sufficient housing to meet the requirements of the District. As likely to be required under new planning legislation and set out in draft PPS12 the Council will prepare an annual monitoring report for April to March each year. This will include an annual review of housing land requirement and supply against which the Plan, Monitor and Manage approach will be assessed.

H1 Provision will be made for approximately 2,740 new dwellings between mid 2002 and mid 2006.

Land at the following sites is allocated for residential development during the plan period to 2006. These allocations are shown on the Proposals Map.

(a) allocations carried forward from adopted Local Plans:

(i) Land at Deanland Nursery, Balcombe - approximately 16 dwellings (Policy BA1)

(ii) Land southwest of Haywards Heath (including land at Weald Cottage) - approximately 800 dwellings (Policy HH2)

(iii) Land to south-west and south-east of the former St Francis Hospital, Haywards Heath – approximately 220 dwellings (Policy HH3)

(iv) Land at Church Lane, Pyecombe - approximately 20 dwellings (Policy PY1)

(b) new allocations:

(i) Open Air Market, Burgess Hill - approximately 25 dwellings (Policy BH1)

(ii) The Oaks Centre, Junction Road, Burgess Hill - approximately 12 dwellings (Policy BH2)

(iii) Station Yard and Public Car Park, Burgess Hill - approximately 60 dwellings (Policy BH3)

(iv) Cants Lane, Burgess Hill - approximately 15 dwellings (Policy BH4)

(v) Land at 86 Junction Road, Burgess Hill - approximately 12 dwellings (Policy BH5)

(vi) Land north of Faulkners Way, Burgess Hill - approximately 50 dwellings (Policy BH6)

(vii) Land at Folders Farm, Burgess Hill - approximately 90 dwellings (Policy BH7)

(viii) Former Gas Works, Moat Road, East Grinstead - approximately 59 dwellings (Policy EG5)

(ix) Land at East Grinstead Lawn Tennis and Squash Club -approximately 40 dwellings (Policy EG5)

(x) Car Park, Railway Approach, East Grinstead – approximately 28 dwellings (Policy EG6)

(xi) 2-4 Orchard Way, East Grinstead - approximately 12 dwellings (Policy EG7)

(xii) Stonequarry Woods, East Grinstead - approximately 40 dwellings (Policy EG8)

(xiii) Haywards Heath Railway Station, - approximately 150 dwellings (Policy HH8)

(xiv) St Paul’s School, Oathall Road, Haywards Heath - approximately 40 dwellings (Policy HH10)

(xv) 47-53 Boltro Road, Haywards Heath - approximately 30 dwellings (Policy HH11)

(xvi) Land north of Rookery Farm, Rocky Lane, Haywards Heath - approximately 45 dwellings (Policy HH12)

(xvii) G&W Motors, London Road, Bolney - approximately 6 dwellings (Policy BO1)

(xviii) Land to west of High Street, Cuckfield - approximately 50 dwellings (Policy CU2)

(xix) Former Highway Depot, London Road, Hassocks - approximately 20 dwellings (Policy KH1)

(xx) Land west of Orchard Way, Hurstpierpoint - up to 65 dwellings (Policy HU1)

(xxi) Hemsleys Nursery, Old Brighton Road, Pease Pottage - at least 65 dwellings (Policy PP1)

(xxii) Land at Clock Field, Turners Hill - approximately 30 dwellings (Policy TH1)

(c) a reserve allocation, if the need for more housing land provision is demonstrated to exist to meet the District's requirements by the end of the Plan period:

(xxiii) Land west of Mackie Avenue, Hassocks – up to 120 dwellings (Policy KH1b)

Density and Dwelling Mix

5.23 Government advice in PPG3 is to avoid development where the net density is less than 30 dwellings per hectare (this excludes areas taken up by major roads, schools and significant areas of open space and landscaping). Particularly in new schemes the Council will seek to ensure that efficient use is made of land. In appropriate cases this will be to encourage housebuilding at 30 or more dwellings to the hectare. In the urban areas, where there is scope for increased densities, particularly in the town centres and areas well served by public transport, the Council will encourage well designed, higher density development. Increased density can also be achieved by reducing the parking provision on site. In areas where flats and higher density terraced housing is permitted consideration will be given to reducing the parking requirements. The proximity of rail and bus services and town centre facilities, as well as highway safety issues, will be taken into account, in accordance with policy T5 in the Transport Chapter.

5.24 The Council will have strong regard to the need for a range and mix of dwellings in terms of size and type. The use of higher densities in residential schemes, for example the provision of terraced housing and smaller units (I or 2 bedroom units), can help to create flexibility in the design to ensure that a range of accommodation is provided. However, the inclusion of a proportion of bungalows may also be appropriate in certain schemes. Careful consideration should be given to the layout and design of these dwellings to ensure that a high quality environment is achieved. Also, it is vital that the encouragement of small or modest-sized accommodation does not lead to a lowering of housing standards and the provision of inadequate or overcrowded accommodation. The type of dwellings should take account of those in special need, the elderly, single person households and those unable to compete on the open market. Specific policies for individual sites are set out in the settlement chapters.

H2 New housing developments shall include a mix of dwelling types, sizes and affordability and shall ensure that efficient use is made of land. Proposals should:

(a) take account of the local housing needs and site characteristics;

(b) be provided at an average net density of at least 30 dwellings per hectare, where appropriate;

(c) include a significant proportion of affordable housing (as required by Policy H4);

(d) include a significant proportion of smaller dwellings; and

(e) meet the requirements of design policies B1 and B2.

Proposals which, by virtue of design, layout or size, are likely to give rise to unsatisfactory living conditions such as overcrowding or lack of privacy, will be refused.

Where appropriate, in order to safeguard the amenity of adjacent dwellings, the Local Planning Authority will apply planning conditions which restrict rights of extension under the General Permitted Development Order.

Infill and other Housing Development within Built-up Areas

5.25 In line with the Government’s focus for additional housing within existing towns the Council will seek to encourage opportunities for the use of previously developed sites. New development should be sustainable, in terms of proximity to jobs, services etc and should be easily accessible to public transport. Infill development and development at high densities should not lead to loss of residential amenity. Indeed, new development should enhance the character of the area.

5.26 Carefully integrated development on unused or underused land may be acceptable where it can be ensured that locally important features can be retained. These may include open space, areas of wildlife interest or woodland which are of public amenity value. In some cases where it is necessary to lose small ‘wildlife’ or woodland areas it may be possible to gain some compensatory benefit. This could be through the replacement of the feature nearby, enhancement of existing areas or the opening up of a previously private area for public use.

5.27 Advice in PPG3 to make efficient use of land suggests that Local Planning Authorities should encourage densities between 30 and 50 dwellings per hectare (net) and above in areas well served by public transport. The Council will carefully consider redevelopment at densities greater than currently found in the surrounding area, where this is appropriate. Consideration will be given to the scope for including green spaces, trees and garden areas. In some cases shared garden or amenity areas may be more appropriate than individual gardens. Consideration will also be given to the new dwellings in terms of design, bulk, height and character. The new development should add to the quality of the environment. Design policies B1 and B2 are included in the Built Environment Chapter of this Local Plan. These are particularly relevant to residential development, and as part of Development Briefs design statements will be prepared for all significant developments.

5.28 Proposals for residential development may involve demolition of existing buildings. Issues relating to demolition in Conservation Areas and of Listed Buildings are set out in the Built Environment Chapter of this Local Plan (see policies B12 - B15).

5.29 Where proposals are for development within the curtilage of an existing dwelling in areas of well established, low density housing the existing character should be protected. Proposed buildings should be in keeping with their surroundings and should include garden space. The loss of trees and wildlife should be carefully considered. In Conservation Areas and Areas of Townscape Character proposals should not compromise the special character of the area.

5.30 Proposals for residential development may also include conversion. This is particularly relevant in providing smaller units of accommodation. The conversion of dwellings may be carried out without undesirable consequences for the locality or residential amenities of the neighbours in terms of the sub-division of properties. However, properties for conversion may not include sufficient off-street space to provide additional car parking. For conversion to, or redevelopment of, residential units car parking standards may be reduced where the proposed development is close to the town centre and is well served by public transport or is within easy walking distance of a station. (See paragraphs 8.54- 8.58 and Policy T5 in the Transport and Parking Chapter.)

5.31 Within the town centre and in areas well served by public transport the Council will encourage the conversion of vacant space above shops and offices for residential use.

5.32 Where the proposal for residential development relates to a building or site currently in another use careful consideration will be given to the need to retain the existing use. Commercial uses within established business areas need to be safeguarded for such use and will not be considered for residential development. (‘Business’ is defined in the Economy Chapter). However, where individual commercial sites are located in residential or mixed use areas and the loss of the commercial use would not prejudice the economic viability of the area, or where the existing business is moving to a more suitable alternative site within the District, sympathetic consideration will be given to proposals for residential development. Account will be taken of the policies in the Economy Chapter and the suitability of the specific site. Other opportunities which may arise for residential redevelopment include the relocation of health, educational and community uses; account will be taken of the policies in the Community Services chapter of this Local Plan and of the suitability of the specific site.

H3 Within defined built-up areas permission will be given to proposals for residential development where the following criteria are met:

(a) the development does not involve the significant loss of an area of nature conservation or an open or wooded area of land which in its own right makes an important contribution to the urban environment and cannot be satisfactorily replaced or compensated for;

(b) the land or building is not within an established business area and is not allocated for any other use in this Local Plan;

(c) efficient use is made of the land in terms of density and as general guidance residential development should be provided at average net densities of at least 30 dwellings per hectare;

(d) the character and form, respects that of the locality (a detailed site and landscape appraisal together with a design statement will be required);

(e) includes a high quality environment for prospective occupiers including appropriate landscaping and open space;

(f) the provision for car parking and vehicle manoeuvring does not significantly reduce garden areas, including front gardens, or adversely affect adjoining property; and

(g) the requirements of design policies B1 and B2.

In Conservation Areas and Areas of Townscape Character infill and redevelopment proposals will be carefully controlled to ensure that the specific character of the area is preserved.

Provision of Affordable Housing as Part of Residential Developments

5.33 Through this Local Plan the Council aims to ensure that new housing is designed primarily to meet the needs of those already living in the area. The existing housing stock caters for general demands and meets most of the needs for private accommodation from larger households. However social factors and the population age structure are resulting in an increasing number of one and two person households, and in a growing mismatch between household size and dwelling size. This has resulted in an increasing shortage of housing opportunities for people from the local community, especially first time buyers, single people and the elderly, and other households which may wish to move from larger properties. The difficulties are often exacerbated by the general problem of high house prices in this part of Sussex which continue to exclude local people from the chance to buy their own home.

5.34 It is recognised by Government that the need for affordable housing to meet the needs of an area is a material consideration in determining planning applications, and that a reasonable amount of housing to meet such needs can be sought on housing sites. This will apply both on allocated sites and windfall sites which come forward. Policy NE2 in the West Sussex Deposit Draft Structure Plan 2001 – 2016 endorses this approach.

5.35 One of the aims of this Local Plan is specifically to ensure an adequate and appropriate supply of affordable housing.

5.36 The most recent Housing Needs Survey for Mid Sussex was undertaken in November 1999 by the Sussex Rural Community Council. Throughout the district 4.5% of all those contacted expressed a housing need within the next five years. From the results of the survey, it is estimated that in total, over 3,000 new or alternative homes will be required; nearly 70% of these are for single persons. Allowing for the possibility that as many as half of those single person households do not form and on the basis, as shown in the survey, that 80% of these households will not be able to afford to house themselves on the open market, a target of 1,780 affordable housing units has been set for the Plan period. To fully meet the housing need in Mid Sussex a very large proportion of the new housing would need to be for subsidised housing. It is considered that it is reasonable to generally seek 30% affordable housing, of which the majority of units are for subsidised rented or shared ownership accommodation. This proportion may vary slightly around the District.

5.37 The Housing Needs survey showed that nearly 70% of the total housing need identified is for single person accommodation. However, the Common Housing Register is also an important element in assessing housing need and within any site there will need to be a mix of units provided to take account of demand from those who have a priority need for subsidised housing in accordance with the Council’s adopted allocation policy. The Housing Needs Survey shows a high level of need for affordable housing across the district; the need is as great in both the urban areas and the rural areas.

5.38 Affordable housing is housing accessible in perpetuity to, and meeting the needs of, households lacking their own housing or living in housing that is inadequate or unsuitable, and who are unlikely to be able to meet their needs in the local housing market without some assistance. It will include housing for:

(a) those households who do not have access to the minimum deposit they require to purchase or rent a suitable home; and

(b) those households who, by applying prevailing major mortgage lenders' income multipliers for lending purposes, cannot afford to purchase and maintain open market housing suitable for their housing needs; or

(c) those households who by applying a rent threshold level of 25-30% of net income, cannot afford to rent open market housing suitable for their needs.

5.39 In view of the target for affordable homes of 1,780 dwellings within the Plan period and the very high house prices in Mid Sussex, and taking account of Government advice set out in Circular 6/98, on all housing sites throughout the District where 15 or more dwellings are proposed or which exceed 0.5 hectares in size (irrespective of the number of number dwellings to be provided), the Council will seek a reasonable proportion of affordable housing (generally 30%).

5.40 As further information on housing needs in the district becomes available the Council will review this threshold particularly to assess whether on sites in rural areas, a lower threshold is justified.

5.41 Affordable housing can consist of subsidised and low cost housing. The provision of subsidised housing (often referred to as social housing) involves a subsidy (eg grants or land at a discounted price). This housing will normally be available for rent but may include shared ownership, fixed equity sale or alternative flexible tenure models which meet the Council’s objectives for long term subsidised housing. The provision of low cost housing does not usually involve any form of public subsidy.

5.42 There are a range of options which can be used to secure low cost housing provision. These include smaller dwellings, homes designed to low cost specifications, discounted sale prices, low cost market prices, financial incentives. The options will be dependent upon local market conditions and the identified local need. Occupants should fulfil the Council’s local connection criteria.

5.43 The Council will seek to ensure that the benefits of affordable housing are not just for the first purchasers but remain available for successive occupants, as long as the need exists. This will be pursued through the use of planning conditions or obligations.

Commuted Payments towards Affordable Housing

5.44 Commuted payments will only be accepted where there are exceptional reasons preventing the provision of subsidised housing on identified sites or where the Council is satisfied that there is a substantially greater need in another part of the district which can be better met by provision on an alternative site. The Council will need to be satisfied that the contribution will actually result in the provision of affordable housing that would not otherwise be provided in the district.

5.45 Where a commuted sum is considered acceptable, a planning obligation will need to be entered into to secure the provision of subsidised housing on an alternative site.

5.46 Where alternative land is not available for development the commuted sum should be used to support the purchase of existing properties suitable for subsidised housing.

5.47 Details relating to negotiating subsidised and low cost housing is set out in a Supplementary Planning Guidance Note prepared by the Council entitled ‘Provision of Service Infrastructure Related to New Development: Part 2 Mid Sussex A Guide to Planning Obligations’.

H4 In accordance with the findings of up-to-date Housing Needs Studies, on all housing sites throughout the District where 15 or more dwellings are proposed or which exceed 0.5 hectares in size (irrespective of the number of number dwellings to be provided), the Local Planning Authority will negotiate with the developer to secure a reasonable proportion of affordable housing, as defined in the supporting text to this Policy, generally as 30% of the total number of dwellings to be provided within the development.

The normal requirement will be for the affordable housing provision that is made on any site to be in the form of 25% subsidised housing and 5% as low cost housing, as defined in the supporting text to this policy.

The subsidised housing element of any development which is provided in accordance with this policy should be secured so that it will be available in perpetuity to meet local needs and should benefit from a subsidy so that it is available at affordable rents.The specific proportion of the affordable housing provision to be made for any particular site will take into account the following matters:

(a) local needs, based on up-to-date assessments;

(b) the proximity of local services and facilities to the development and the level of its accessibility to public transport;

(c) the development costs of the particular development and whether any exceptional circumstances in this regard have been demonstrated to exist;

(d) the need to observe any constraints imposed by any relevant planning objectives in the development of the site;

(e) the need to achieve the implementation of a successful housing development.

In certain circumstances, the Local Planning Authority may consider accepting a commuted payment towards the provision of an appropriate amount of affordable housing on a suitable site other than on the development site itself. The amount of the payment shall be capable of creating at least as much affordable housing as that which would have been provided on-site, in accordance with the stated objectives of this policy.

The involvement of Registered Social Landlords, such as Housing Associations and other recognised providers of affordable housing, will be strongly encouraged by the Local Planning Authority to ensure that the amount of affordable housing being provided remains as such for as long as the need exists, consistent with the findings of any future up-to-date Housing Needs Studies to be undertaken.

Where such an involvement by a Registered Social Landlord is shown by the developer to be impossible, the Local Planning Authority will normally seek to secure the provision of an appropriate level of affordable housing for successive occupants through the use of planning conditions and/or Planning Obligations. This shall be at a level and in a form consistent with the stated objectives of this Policy.

Rural ‘Exception’ Housing

5.48 Whilst a proportion of subsidised housing to meet local needs will be provided as part of the larger allocations there are some settlements, particularly many of the villages, where no sites are allocated for housing purposes at all. Hence many of the rural areas will face particular difficulties in securing an adequate supply of land to satisfy local needs for subsidised housing. The Structure Plan acknowledges this potential problem and states that there may be a case for departing in a limited way from the main housing proposals of the Plan in order to accommodate the needs of these people. (Policy NE2(b)(3) West Sussex Structure Plan Deposit Draft 2001-2016). Such schemes may involve the District Council, Housing Associations or other similar bodies.

5.49 This approach is endorsed by Government statements dealing with the provision of social housing in rural areas. This recognises that in some rural areas there are genuine difficulties in securing an adequate supply of land for social housing for local needs. The Government acknowledges that there may be instances where the release of small sites within or adjacent to existing settlements would be justified in order to help meet an identified social housing need. The existence of such a need and of arrangements made by the developer, or the local authority, to ensure that new social housing is made available for local needs can now be regarded as material considerations which can be taken into account in deciding whether or not to grant planning permission.

5.50 Therefore, in addition to those sites specifically allocated for residential development under Policy H1 above, the Local Planning Authority may consider in exceptional circumstances the release of a limited number of small sites outside the defined built-up area of existing settlements where there is an identified local need for social housing which can be met in no other way. These sites must of course also be acceptable in environmental terms. It is emphasised that sites outside defined built-up areas will not be released for general housing development. Before releasing any additional land for this purpose the Local Planning Authority will need to be satisfied that the scheme includes satisfactory arrangements to secure the availability of the housing for those in genuine need, both in the short term and in the future. Schemes which benefit the first occupiers only will not be acceptable nor will schemes where an element of full market value housing is included to ‘cross subsidise’ the social housing. Legal agreements will be required to ensure that these objectives are achieved before any consent will be issued.

5.51 For the purposes of this policy, ‘local people’ are defined as those resident in, or otherwise closely connected with, the particular parish in which a scheme is contemplated. This will normally comprise one main settlement and the rural hinterland in which it is set. Whilst this is intended to be the normal rule, there may be cases where it would be more appropriate to consider part of a parish, for example where the whole parish is particularly extensive or covers a number of physically distinct communities. Alternatively there may be cases where it is appropriate to consider a combination of more than one parish, for example where the parishes concerned have a very low population, are very small in area, or where the site concerned is close to a parish boundary.

5.52 The categories of housing need which the policy is intended to address are:

(i) existing residents needing separate accommodation in the area (eg newly formed households, people leaving tied accommodation);

(ii) people whose work provides important services and who need to live closer to the local community;

(iii) people who are not necessarily resident locally but have long-standing links with the local community (eg people who need to move to a village to be near relatives);

(iv) people with the offer of a job in the locality, who cannot take up the offer because of lack of affordable housing.

5.53 In each case those involved must be unable to afford the cost of property on the open market in the locality. A local housing needs survey or other evidence of housing need will be necessary to justify a scheme and to determine the mix of housing types and sizes required.

H5 In exceptional circumstances additional land may be released outside the built-up areas for housebuilding carried out by the Local Housing Authority, Registered Social Landlords or other appropriate agencies which will meet the housing requirements, both now and in the future, of local people unable to afford the cost of property on the open market. Developers and landowners will be required to enter into legally binding agreements with the Local Planning Authority prior to the grant of planning permission to ensure that this objective is achieved. All proposals will need to meet the following criteria:

(a) a local housing need exists, this must be demonstrated by a housing needs survey, or other evidence;

(b) the proposal site should be located adjacent to an existing settlement within which adequate social facilities and essential services are available;

(c) the proposal site should be accessible by public transport;

(d) proposals should be modest in scale and should not lead to a rapid increase in population which would be inconsistent with the scale and character of the settlement;

(e) proposals should relate physically to the settlement, be in keeping with the character of surrounding development and should not be intrusive in the landscape; and

(f) proposals within Areas of Outstanding Natural Beauty, Strategic Gaps or on best and most versatile agricultural land will only be permitted in exceptional circumstances where there is no other suitable site to meet the local need.

Conservation of Residential Accommodation

5.54 In order to minimise the pressure for additional housing development, the Local Planning Authority has for some time operated a policy to conserve residential accommodation in Mid Sussex District. The objectives of this policy are still seen as valid and it will consequently continue to operate in the Local Plan area.

H6 The net loss of residential accommodation (by change of use or redevelopment) will not be permitted unless there are special circumstances, namely:

(a) that the residential use is not appropriately located;

(b) that the building is unsuitable for residential use in its present form and is not capable of being readily improved or altered in order to make it suitable; or

(c) that the retention of the building or use for residential purposes would prevent an important development, or other change of wider benefit to the community

Accessible Housing

5.55 Under the extension to Part M of the Building Regulations (October 1999) all new housing has to meet certain standards to ensure it is accessible to disabled people. The requirement applies to any dwellings which are newly erected, or have been substantially demolished to leave only the exterior walls. The requirements do not apply to extensions or alterations although where a dwelling is altered access should not be reduced.

5.56 The aim of the amendment to these Regulations is to enable disabled people to have access to new dwellings, including flats, and to be able to use the principal access level, which should include toilet facilities. Meeting these requirements should enable occupants to cope better with reducing mobility and to be able to stay put longer in their own homes. Some aspects of Part M may not apply eg where the plot is too steeply sloping to provide suitable ramps, where the dwelling has a basement or where it is in a Conservation Area.

5.57 Guidance is given in ‘Design of Housing for the Convenience of Disabled People’ (BS5619), ‘Building Homes for Successive Generations - Criteria for Accessible General Housing’ (Access Committee for England) and ‘Lifetime Homes: Built today, designed for tomorrow’ (Joseph Rowntree Foundation).

Housing for the Elderly

5.58 With the growth in the proportion of elderly people within the population, increasing attention is being given to means of adapting the existing housing stock to accommodate the elderly, for example by the construction of ‘granny annexes’ in association with existing properties. Such proposals will be considered sympathetically subject to normal development control criteria. In addition a number of private development schemes have come forward during the last few years to provide sheltered accommodation. These have tended to comprise small flatted units on redevelopment sites, often originally occupied by one large house. Where schemes are built at high densities to take advantage of the favourable parking standards for this type of accommodation it is important that the design criteria set out in policy B1 of the Built Environment Chapter are met.

5.59 Proposals for new sheltered housing schemes will need to comply with the extension to Part M of the Building Regulations (October 1999). See paragraphs 5.55 -5.57 above.

H7 Proposals for sheltered housing accommodation for the elderly will be permitted where:

(a) the development would not significantly reduce the amenities of neighbouring properties;

(b) the development is well located in relation to local shops and public transport facilities; and

(c) the development meets the requirements of design policies B1 and B2.

Nursing and Residential Care Homes

5.60 With the change in emphasis to care in the community the provision of residential care has changed significantly in the last few years. A number of homes have closed and reverted to residential dwellings. This is usually in keeping with the character of the area. Where conversion to flats is involved policies relating to infill are particularly relevant.

5.61 However, existing homes may consider expansion in order to meet changing legislation or to widen the range of care which can be provided. In some cases this may involve the use of part of the premises for day care. Whilst this in itself does not need planning permission the increase in activity, particularly vehicular activity, may cause some loss of residential amenity and attention should be given to this in considering applications for new homes or extensions to existing homes. Extensions to nursing and residential care homes outside the built up area boundary will be considered against policy C15 in the Countryside Chapter of this Local Plan.

H8 Within the built-up area proposals for changes of use to nursing or residential care homes or extensions to such homes will only be permitted where development would not cause a loss of residential amenity, particularly in terms of increased vehicle movements.

Extension of Dwellings within Built-up Areas

5.62 Where planning permission is required for extensions and alterations to existing dwellings proposals will be considered in the light of policy H9 below. It is particularly important that extensions should be well designed, both in terms of the existing dwelling and the surrounding area; requirements relating to design and residential amenities are set out in policies B1-B3 of the Built Environment chapter.

5.63 It is also important to maintain a range of types of housing accommodation within localities, (ie within villages or wards in the towns) in terms of size and style, to meet varying needs including those of single persons, families, the elderly and the disabled. Particular care will be taken in applying this policy where the proposal is for the vertical extension to a bungalow resulting in a significant increase in the original floorspace by the formation of an additional habitable storey.

H9 When determining applications for extensions and alterations to existing houses and bungalows within the built-up areas, account will be taken of the need to maintain a range of types of housing in each locality and proposals will be required to meet the following criteria:

(a) the design, size and scale of the extension is in keeping with the existing dwelling;

(b) the design, size and scale of the extension is in keeping with the surrounding dwellings and does not have an adverse impact on the character of the locality;

(c) the proposal does not result in an overbearing or unneighbourly form of development detrimental to the amenities of nearby residents;

(d) the character and style of the existing property is retained or improved; and

(e) the proposal includes sufficient car parking spaces within the curtilage of the dwelling and conforms to highway and access requirements.

In considering development proposals, account will be taken of the need to maintain a range of types of housing in each settlement.

Conversions to Flats and Houses in Multiple Occupation

5.64 Converted flats and bedsits, whether self-contained or not, can provide a valuable form of small, low cost accommodation for sale or rent. Within Mid Sussex there is little accommodation available for rent within the Housing benefits limits and thus houses in multiple occupation (HMOs) provide an important form of low cost shared accommodation for young and/or single people for whom general open market housing is neither suitable or affordable. While such accommodation may have some individual facilities, for example small kitchen areas, most facilities will be shared including bathrooms, communal lounge areas and entrances. In Mid Sussex HMOs tend to be located in town centres or in older established residential areas. Frequently such shared accommodation is found in dwellings which are no longer suited to family use.

5.65 Flat conversions and HMOs can in some cases cause difficulties for neighbouring properties or have an impact on the character of the locality. This can arise from the intensity of occupation and relatively high levels of activity associated with such units. Particular problems can include noise and disturbance, living areas adjacent to bedrooms of adjacent houses, and lack of adequate parking provision either on site or in surrounding roads.

5.66 Therefore, whilst supporting the provision of a range of residential accommodation, the Council will scrutinise closely proposals for conversion. In determining applications for HMOs, account will be taken of environmental health requirements.

5.67 ‘Living above the shop’ is a concept supported by this Council. Where applications for conversion to residential use make use of vacant space above shops and offices, particularly in the town centres, these will be sympathetically considered. However, it is important to ensure that satisfactory arrangements can be made to access the living areas. The need to retain storage space and room for businesses to expand into will also be carefully considered.

5.68 Where conversions are in the town centre and well served by public transport the Council will consider the appropriateness of reducing the parking standards required.

H10 Proposals for the conversion of existing residential properties into flats or houses in multiple occupation will be permitted where:

(a) the property is suitable for such a use and a satisfactory standard of accommodation, and access to the living space, can be achieved;

(b) there would be no adverse impact on neighbouring properties or on the character of the area due to noise or disturbance, loss of amenity or privacy or the overall level of activity; and

(c) adequate provision can be made for car parking, where appropriate.

Proposals for the conversion of vacant space above shops, and offices in or on the edge of the town centre, will also be permitted subject to the criteria in this policy.

Housing in the Countryside

5.69 It is recognised in PPG3 that previously developed land may occur in both built-up areas and rural settings. However, the Government’s emphasis on urban capacity studies, enhancing the urban environment and creating sustainable patterns of living clearly indicate that, in terms of sites for housing development, it is previously developed land within urban areas that should be encouraged. The Government’s sequential approach to allocating housing sites reinforces this: previously developed land and buildings in urban areas should be identified first, then urban extensions and finally new development around nodes in good transport corridors. This guidance is also repeated in PPG13.

5.70 Previously developed sites in rural areas will not generally be appropriate for residential development. Where these sites lie outside of a village, and particularly where they are remote from a village or smaller settlement, they will not be sustainable in terms of location and accessibility. Where residential development is not located close to any facilities such as a local shop, primary school and community facility, development is likely to be very dependent on the private car. Even if the development is served by public transport it is likely that only a very small percentage of journeys will be made by bus.

5.71 Where the site was previously used for employment purposes it is also important that careful consideration be given to the need to retain land for employment use in the rural areas to assist the local economy. (See policy E2 in the Economy chapter). Government advice in PPG7 encourages the re-use of existing buildings for this reason. Favourable consideration will be given to alternative uses such as small scale commercial and industrial, recreational, tourist related, community and educational uses depending on the suitability of the building, access arrangements and other environmental considerations.

5.72 The conversion of rural buildings to residential use will, however, be strictly controlled. Exceptions relating to the retention of listed buildings or individual buildings which make a valuable contribution to the rural scene need to be considered against policy C13 in the Countryside chapter. In the case of institutional buildings in the countryside a residential use may be permitted subject to policy C14 in the Countryside chapter.

5.73 Other aspects relating to housing in the countryside are dealt with in this Housing chapter. The rural ‘exceptions’ housing policy H5 deals specifically with local housing needs which cannot be met within the built-up areas. Replacement of single dwellings and extensions to existing residential dwellings in the countryside are considered in policies H12 and H13. Other than in these cases new housing development will be very carefully controlled in order to protect the countryside from unnecessary development. The overriding policy consideration regarding any proposal in the Countryside Area of Development Restraint must be C1 (in the Countryside chapter) which seeks to protect the countryside for its own sake.

5.74 In considering applications for agricultural or forestry workers dwellings account will be taken of the guidance in Annex 1 of PPG7, and the Local Planning Authority will need to be convinced by the applicant in respect of the holding’s viability and the justification for a new dwelling. Unless it is proven to be absolutely essential for an agricultural or forestry worker to live on the holding it is expected that such a worker would live in a nearby settlement. Where it is necessary to construct a dwelling this should be located close to the holding’s existing buildings rather than in open landscape. An appropriate occupancy condition will be imposed and the dwelling may be tied to the area of land involved by means of a Legal Agreement.

H11 Outside the defined built-up area boundaries proposals for new housing development for agricultural or forestry workers will be permitted where it can be demonstrated that there is a proven and overriding need for the dwelling to be in such a location, that it is of an appropriate size, and that it forms part of a viable agricultural or forestry holding.

Rebuilding of Existing Dwellings in the Countryside

5.75 It is important to retain a stock of small dwellings in the countryside in order to contribute to the range of housing types, sizes and affordability. Therefore, policy H12 criterion (b) seeks to prevent small dwellings (up to 100m²) being replaced by larger dwellings (over 100m²). The replacement of larger dwellings (those already over 100m²) will be considered against the other criteria set out in this policy.

5.76 For both policies H12 and H13 floorspace should be calculated using the gross external measurements. The definition of gross external area which the Council will refer to is that given by the Royal Institute of Chartered Surveyors in their publication ‘Code of Measuring Practice: A Guide for Surveyors and Valuers’ (1993). This is summarised in the Council’s Information Leaflet PL4 - Normal Development Control Criteria.

H12 Outside defined built-up areas proposals to replace existing single dwellings will be permitted on a one for one basis if:

(a) the residential use has not been abandoned;

(b) the proposal does not result in the loss of a small dwelling;

(c) highway, access and parking requirements can be met;

(d) the new dwelling is appropiate to its setting and is not obtrusive in the landscape, particularly in an Area of Outstanding Natural Beauty; and

(e) the new dwelling does not change significantly the scale of the existing building and is appropriate to its built and natural setting.

The Local Planning Authority will apply planning conditions which restrict rights of extension under the General Permitted Development Order.

For the purpose of this policy a small dwelling is defined as a dwelling having a gross floor space measured externally (excluding separate, external, garages and outbuildings) of 100m2 or less.

Extensions to Dwellings in the Countryside

5.77 Within the rural area the enlargement of existing dwellings could alter their individual character and cumulatively lead to an erosion of the attractive, undeveloped nature of the countryside. It is considered important to control this trend and to exercise a more stringent policy than within built-up areas. This will also assist in resisting the loss of smaller residential accommodation which is in short supply in rural areas. (See paragraph 5.76 for the Council’s definition of measurements to be used.)

H13 Outside defined built-up areas, the extension of existing dwellings will be permitted if:

(a) the building and site are physically suitable;

(b) the proposal does not result in the loss of a small dwelling;

(c) highway, access and parking requirements can be met;

(d) the proposal is appropriate to its setting and not obtrusive in the landscape, particularly in an Area of Outstanding Natural Beauty; and

(e) the proposal is appropriate to the scale of the existing dwelling and its built and natural setting.

For the purpose of this policy a small dwelling is defined as a dwelling having a gross floor space measured externally (excluding separate, external, garages and outbuildings) of 100m2 or less.

Sites for Gypsies

5.78 Gypsies, defined in Section 16 of the 1968 Act as ‘persons of nomadic habit of life, whatever their race or origin’, have specialised housing requirements. The term does not include members of an organised group of travelling showpeople. Local plan policy relating to proposals to meet the requirements of travelling showpeople is, therefore, considered separately in the following section.

5.79 At present there are four gypsy sites in Mid Sussex managed by the Local Authority and providing a total of 27 pitches. In addition there are three authorised private sites, providing a total of 11 pitches. The Local Planning Authority will safeguard these sites from development for alternative uses unless alternative provision is made. Previously Mid Sussex was ‘designated’ under legislation which meant that sufficient gypsy sites had been provided. This legislation, however, has now been repealed. Local Authorities no longer have a duty to provide sites and as a result there is likely to be an increase in applications for private sites.

5.80 This change reflects recognition by Government that many gypsies would prefer to find and buy their own sites to develop and manage, and advice in Circular 1/94 is that more private sites should release pitches on Local Authority sites for gypsies most in need of public provision. Further, advice is that proposals for new private sites should not be refused on the grounds that public provision in the area is considered to be adequate or because accommodation is available elsewhere on the authorities’ own sites.

5.81 Policy H14 sets out the criteria by which this Authority aims to guide gypsy sites to appropriate locations which will satisfy the requirements of both occupants and residents whilst minimising the impact upon the countryside. Such sites will probably lie outside existing settlements but close enough to be within a reasonable distance of local services and facilities e.g. shops, hospitals and schools.

H14 Proposal for sites for gypsies (defined as persons of nomadic habit of life) will be permitted provided that all of the following criteria can be satisfied:

(a) the proposal would have minimal impact on the character and appearance of the countryside and in particular would not conflict with policies for the protection of those areas of the countryside with special characteristics;

(b) the proposal would not result in uses which would adversely affect the residential amenity of nearby properties and could not be alleviated, in particular by reason of noise, fumes and dust arising from vehicular movements and the storage of machinery and materials;

(c) a convenient and safe means of access can be provided to serve the site and the surrounding highway network is adequate to serve the use;

(d) the site is readily capable of being serviced, and is within a reasonable distance of local services and facilities i.e. shops, school; and

(e) a demonstrable local need exists.

Where permission is granted this may be subject to planning conditions to regulate the proportion of the site which may be used for commercial operations or hours of working, as appropriate.

A condition or legal agreement to control of the future use of sites for gypsies may be imposed, as appropriate.

5.82 To encourage private site provision the Local Planning Authority will offer pre-application advice and practical help with planning procedures to gypsies. Gypsies are strongly encouraged to have pre-application discussions with the Local Planning Authority on planning matters before buying land on which they intend to camp and for which planning permission would be required.

Safeguarding Existing Gypsy Sites

H15 Proposals for development of alternative uses of existing gypsy sites will be refused unless the Local Planning Authority is satisfied that the local need for their provision no longer exists.

Sites for Travelling Showpeople

5.83 Specific consideration also has to be given to the provision of permanent sites for travelling showpeople, in accordance with Government guidance in Circular 22/91. Showpeople are self-employed business people who tend to travel the country holding fairs, chiefly during the summer months, but require a permanent base for the storage of equipment, maintenance, and for residential purposes, particularly over the winter.

5.84 Increasingly, however, these sites need to be occupied permanently by some family members, ie the elderly and young. Accommodation needs are, therefore, unusual. Most showpeople are members of the Showmen’s Guild of Great Britain and are required by the Guild to follow a code of practice on the use of their sites. Such development can, by its very nature, be visually intrusive in a rural or other sensitive landscape setting. Close proximity to residential properties can also be inappropriate because of the potential disturbance from the maintenance and testing of equipment during winter months, as well as its visual impact. Proximity to schools and other community facilities is normally sought, however. Circular 22/91 therefore suggests that sites on the outskirts of built-up areas may be appropriate.

5.85 Mid Sussex District has not traditionally been associated with showmen’s sites and at present there are no sites. Although the Local Planning Authority is currently not aware of the need for a site in Mid Sussex it is considered appropriate to set out a criteria based policy below.

5.86 The Local Planning Authority will consult the Showmen’s Guild of Great Britain on the need for any proposal which is submitted. Travelling showpeople are strongly encouraged to have pre-application discussions with the Local Planning Authority.

H16 Proposals for sites for travelling showpeople who are members of the Showmen’s Guild of Great Britain will be permitted provided that all of the following criteria can be satisfied:

(a) the proposal would not detract from the undeveloped open and rural character and appearance of the countryside and in particular would not conflict with policies for the protection of those areas of the countryside with special characteristics;

(b) the proposal would not result in uses which would adversely affect the residential amenity of nearby properties, in particular by reason of noise, fumes and dust arising from vehicular movements and the storage of machinery and materials and the testing of equipment;

(c) a convenient and safe means of access can be provided to serve the site and the surrounding highway network is adequate to serve the use;

(d) the site is readily capable of being serviced, and is within a reasonable distance of local services and facilities ie shops, school;

(e) the proposal is sited on reasonably flat land, provided that it does not visually encroach into the open countryside; and

(f) a demonstrable local need exists.

Where permission is granted this may be subject to planning conditions to regulate the proportion of the site which may be used for commercial operations or the hours of testing equipment, as appropriate.A condition or legal agreement to control of the future use of sites for travelling showpeople may be imposed, as appropriate.