THEMES AND GENERAL PRINCIPLES
2.1 The main themes of the Bolsover District Local Plan are:
2.2 'Sustainable development' was defined in the 1987 Report of the World Commission on Environment and Development (the Brundtland Commission) as "Development that meets the needs of today whilst not affecting the ability of future generations to meet their own needs." The UK Strategy for Sustainable Development (1994) spells out the government's commitment to the principles of sustainable development, reflecting the agreements made at the Earth Summit in Rio de Janeiro in 1992. The government's planning policy guidance now embraces these principles, and Bolsover District Council readily accepts its obligation to incorporate these principles in the Bolsover District Local Plan. Sustainability is therefore one of the four themes of the local plan.
2.3 The principles underlying sustainable development include the following:-
2.4 The aims of the plan directed at environmental sustainability are:-
2.5 The contraction of the coal industry has resulted in higher than average levels of unemployment and pockets of urban decay and environmental decline. This is especially the case in the north of the district where closures have occurred more recently and where the period of adjustment has been shorter than in the south. The decline in the textile industry has also had a significant impact on the economy. The contraction of traditional industries has important implications for the district in terms of employment, the need to diversify the economy, environmental and countryside issues, and possible migration of population.
2.6 The local plan incorporates policies aimed at continuing the conversion of the district's economic base. In addition to providing land for industrial and commercial development at specific sites throughout the district the plan recognises the urgent need for a major boost to the local economy by proposing business and industrial development at key sites linked to the M1 and the A38. Development sites adjoining roads that are national arteries are a scarce and irreplaceable asset, but the need is sufficiently great for them to be used now.
2.7 Also following the theme of regeneration, the plan encourages former mining communities to develop a new role. It seeks to ensure that there are the necessary job opportunities and homes to maintain a vital community. Pride in the history, surroundings and identity of the district's communities and countryside is a further essential part of regeneration. Policies to conserve and enhance natural history resources, archaeology and historic buildings and monuments are intended to support this sense of pride in local identity. The district council has been successful in several Single Regeneration Budget Bids for the Shirebrook/Creswell area the Bolsover area, Langwith/Whaley Thorns and the Meden Valley. The council will continue to pursue all opportunities to secure the regeneration of the area. Alongside these aspects the plan is intended to achieve improvements to environmental sustainability in the district.
A BETTER PLACE TO LIVE, WORK AND VISIT
2.8 The local plan aims to ensure that there are enough sites to build houses and create jobs for all the residents and future residents of the district. The plan aims to create the best possible social environment for residents, within the limits of the district council's control. The local plan includes policies on residential environment, amenities and access to services and takes account of the need for sites for social facilities such as village halls.
2.9 To strengthen the pride and pleasure that residents take in their surroundings the local plan includes proposals to heal the scars that are part of the legacy of coal mining. This links up with the themes of Regeneration and Heritage. Going with it are new initiatives, however, like the East Derbyshire Woodland Project which aims to establish new woodlands in the district (which was once associated with the ancient Sherwood Forest area). All such measures are expected to help attract new employment-creating businesses and industry to the district.
2.10 The contraction of the coal industry and related uses has resulted in a lot of derelict and despoiled land. Such sites are often visually unattractive and make it hard to attract new industry. Under the North Derbyshire Coalfield Partnership Project several environmental initiatives exist, encouraging the tidying up, landscaping and re-use of derelict, despoiled and vacant land for uses which do not cause a significant adverse impact on the environment. Several schemes have also been undertaken with the assistance of Derelict Land Grant from central government. Policies within this local plan will seek to support these initiatives.
LOOKING AFTER OUR HERITAGE
2.11 The landscape and settlements of the district reflect diverse cultural and industrial traditions. These constitute a rich heritage ranging from internationally famous prehistoric sites to Elizabethan mansions, colliery model villages and monuments of industrial archaeology. Equally important - both to residents and to visitors - is the natural environment of the district, its countryside and wildlife. The local plan puts forward policies to conserve and enhance the heritage and natural environment of the district and to promote its attractions to visitors. Relevant initiatives such as the Tourism Action Plan, Creswell Crags Heritage Area Strategy, the Mid Derbyshire Biodiversity Action Plan and the North Derbyshire Coalfield Partnership Project are reflected in the local plan and incorporated in its proposals where relevant.
MINIMUM REQUIREMENTS FOR DEVELOPMENT
2.12 In considering proposals for development, the local planning authority has to consider many factors. Development which is acceptable in general land use, social and economic terms will also need to meet the minimum requirements indicated in Policy GEN 1, which should if possible be achieved in every case.
2.13 In accordance with the advice given in PPG12 - 'Development Plans and Regional Planning Guidance' (1992), (paragraphs 3.18 and 3.19), the local planning authority will also publish Supplementary Planning Guidance (SPG) on various topics relating to the minimum requirements included in GEN 1. Some of these documents have already been published, taking account of comments received during public consultation. They are available from the local planning authority, and further SPG will be issued separately from the plan and made publicly available in convenient formats. Relevant SPG will be taken into account as a material consideration when making decisions on planning applications. It may not always be possible to meet present day requirements where development is closely related to, or is an extension of, older existing development which itself does not meet those requirements.
2.14 Policies GEN1, GEN2 and GEN 3 below list the principles which the
local planning authority will follow in setting minimum requirements for
the way development affects, and is affected by its environment. They
form the basic criteria against which all development proposals will be
assessed. These policies effectively provide the starting point for the
consideration of all development proposals, before moving on to consider
other relevant policies. LOCAL PLAN POLICIES SHOULD
NOT BE READ IN ISOLATION, BUT NEED TO BE READ IN THE CONTEXT OF SUPPORTING
PARAGRAPHS AND/OR OTHER POLICIES. CROSS-REFERENCING IS NOT GENERALLY INCLUDED
BUT IS IMPLICIT IN THE PLAN.
UNLESS THERE IS A SPECIFIC AND ACCEPTABLE REASON FOR AN EXCEPTION TO BE MADE ALL DEVELOPMENT PROPOSALS WILL BE REQUIRED TO SATISFY THE FOLLOWING PRINCIPLES:
IN ADDITION TO THESE MINIMUM REQUIREMENTS DEVELOPMENT
MUST SATISFY THE REQUIREMENTS OF ALL RELEVANT POLICIES IN THE PLAN.
2.16 In every case where it has to decide a planning application the local planning authority will consider the effect of the proposed development on the local environment. Some effects on the environment can be easily measured, others will be matters of opinion or judgement. The local planning authority will take note of the opinions of local people when deciding what level of importance to place on specific environmental effects, and will also take note of specialist advice when this is available or necessary.
2.17 Proposals for development, which are of a different type to the surrounding, land uses may be more likely to create environmental impact problems. Where environmental problems already exist, the aim of the local planning authority will be to reduce those problems, and not to approve further developments that significantly extend, prolong or intensify those problems.
2.18 Almost all development has some effect on the environment. In considering that effect the local planning authority must first decide whether, on balance, it is an undesirable effect, and secondly whether that undesirable effect is sufficiently serious as to reasonably conclude that the development should not be allowed. Finally, in some exceptional cases, the local planning authority may decide that social and/or economic benefits of a proposal are such that they outweigh serious undesirable environmental problems that the development might create. In such an exceptional case, the local planning authority must be satisfied that no practicable alternative and less environmentally sensitive sites are readily available for the development proposed.
2.19 The environmental effects of proposals in this plan itself have been appraised as recommended in government guidance. In the case of a few larger or specialised development proposals the authority is required to obtain an environmental statement from the applicant, which identifies and quantifies the environmental effect of the development. The local planning authority will also require such statements in other cases, for example major projects of more than local significance, or projects affecting important and vulnerable locations, so that the environmental effects can be fully assessed.
2.20 It must be stressed that the likelihood of significant environmental effects, not the amount of opposition or controversy to which a project gives rise, is what makes an environmental statement necessary. By virtue of the fact that they have not been subject to the sort of appraisal normally associated with local plans, major projects that depart substantially from approved development plans may particularly require environmental assessment. In certain cases developers may choose to prepare an environmental statement to help explain their proposals, even when the local planning authority has not required it.
CONSIDERATION WILL BE GIVEN TO THE CHARACTER AND SENSITIVITY OF THE LAND AND USES AROUND A PROPOSED DEVELOPMENT SITE IN RELATION TO THE CHARACTER AND TYPE OF DEVELOPMENT PROPOSED. PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH CREATES MATERIALLY HARMFUL IMPACTS ON THE LOCAL ENVIRONMENT, UNLESS THESE ARE OUTWEIGHED BY THE SOCIAL OR ECONOMIC BENEFITS TO THE COMMUNITY OFFERED BY THE DEVELOPMENT, OR THE WIDER ENVIRONMENTAL BENEFITS.
IN SUCH CIRCUMSTANCES PLANNING PERMISSION WILL BE GRANTED, PROVIDED NO PRACTICABLE ALTERNATIVE AND BETTER SITE IS READILY AVAILABLE.
IN CONSIDERING THE ENVIRONMENTAL IMPACT OF EVERY PROPOSAL FOR DEVELOPMENT REGARD WILL BE GIVEN TO THE FOLLOWING FACTORS WHEREVER APPROPRIATE:
ADVERSE ENVIRONMENTAL EFFECTS OF EXISTING LAWFUL USES
2.22 Policy GEN 2 concerns the likely impact of new development on the environment. Another aspect of the same subject has to be considered where new developments such as housing, hospitals or schools are proposed within influencing distance of existing lawful uses which are known to have an adverse environmental impact. Essential land uses such as sewage treatment works are potentially polluting uses, and new development in the immediate area can result in a conflict of land uses. The council will not permit development in the vicinity of a sewage treatment works unless it can be shown that the development will not result in a conflict of land uses. Detailed guidance relating to the effects of noise on housing sites is contained in the Council's Supplementary Planning Guidance, Housing Layout and Design Guidance.
PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT OF A KIND LIKELY TO SUFFER MATERIALLY HARMFUL ENVIRONMENTAL IMPACT FROM EXISTING OR PERMITTED LAWFUL USES IN THE AREA OF THE PROPOSED DEVELOPMENT SITE. (ASSESSED USING THE SAME FACTORS AS LISTED IN GEN 2).
PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENTS IN THE VICINITY OF EXISTING OR PERMITTED USES, WHICH HAVE A MATERIALLY HARMFUL ENVIRONMENTAL IMPACT, IF IT CAN BE DEMONSTRATED THAT THE IMPACT CAN BE REDUCED TO AN ACCEPTABLE LEVEL BY MITIGATION MEASURES AT THE SOURCE, OR WITHIN THE DEVELOPMENT SITE.
THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS ON ANY PLANNING PERMISSION OR SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO SECURE APPROPRIATE MITIGATION MEASURES AND/OR THE RETENTION OF LANDSCAPED UNDEVELOPED AREAS BETWEEN INCOMPATIBLE USES.
2.24 Some sites have been left contaminated from previous uses, including old colliery sites, sewage works and gas works. These sites need special attention paid to them when being developed. Developing on contaminated land may give rise to hazards which could put at risk people working on the site and the occupiers and users of the buildings and land. It may also cause contaminants to escape from the site to the air, water and nearby land. For these reasons when the developer or local planning authority is aware that contaminated land exists, it is important that a site investigation and assessment of the impact of the development is carried out. This information will be required to be provided by the applicant and should also include proposals for any remedial measures required to deal with the contamination, and in particular any threats which it presents to health and safety and to the environment. Policies GEN 2, 3 and ENV 11 are also likely to be relevant in such cases. It is not always possible to identify contamination until works commence. When unsuspected contamination is encountered during redevelopment the developer should draw this to the attention of the local planning authority immediately and should stop work until further evaluation has been carried out.
PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT ON LAND WHICH IS BEING, OR HAS BEEN, PUT TO A CONTAMINATIVE USE WHERE THE DEVELOPER CAN DEMONSTRATE THAT MEASURES TO BE UNDERTAKEN FOLLOWING A COMPREHENSIVE SITE INVESTIGATION ARE SUFFICIENT FOR ITS INTENDED USE AND REMEDY OR PREVENT ANY POTENTIALLY MATERIALLY HARMFUL EFFECT ON HEALTH, SAFETY OR THE ENVIRONMENT.
THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS ON ANY PLANNING PERMISSION AND/OR SEEK TO ENTER INTO A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO ENSURE THAT THESE MEASURES ARE IMPLEMENTED.
2.26 Radon is a naturally occurring radioactive gas which is found in parts of the District of Bolsover. In some places the gas can collect within built structures to make concentrations which could pose a health risk. In Pinxton, South Normanton, Blackwell and Tibshelf the risks are not considered to be great enough to warrant any action being taken. In the remainder of the district, precautionary measures are an option which property owners and occupiers may choose. These measures are not always required by the Building Regulations but they may become so in the future. Details of recommended precautionary measures can be obtained from the council's building control section.
2.27 Some developments are not covered by the Building Regulations, and the potential for radon contamination is one of the factors which may be taken into account by the local planning authority when deciding whether to grant planning permission and whether conditions should be applied. This falls under policy GEN 1 Minimum Requirements for Development, where section 6 refers to Health and Safety Risks. It is anticipated that radon contamination will only be a material consideration in a few very special circumstances (for example if a development in the area of high radon potential involved construction or use of significant spaces below ground level likely to be used by people, and was not covered by the Building Regulations).
2.28 The local planning authority will consider the interaction of development with the natural watercourse and land drainage systems, and will ensure that development is not permitted in areas liable to flooding, and that adequate access to watercourses is maintained for future maintenance.
2.29 Natural flood plains, as defined on the proposals map, will be protected from development which would reduce their capacity except where adequate compensatory measures are provided to the satisfaction of the local planning authority. The flood plains are around watercourses categorised as Main Rivers by the Environment Agency: the River Erewash, the Normanton Brook and the Rivers Meden and Doe Lea. Development giving rise to substantial and detrimental changes in the characteristics of surface water run-off will not be permitted unless adequate on or off-site works can be provided to accommodate the effects of the extra run-off. In addition, development that could significantly damage the quality and ecology of watercourses, or compromise statutory quality objectives, will not be permitted. In order to secure such provision the local planning authority will impose planning conditions or seek to enter into a planning obligation under Section 106 of the Town and Country Planning Act 1990.
2.30 The Local Planning Authority will seek to ensure that Best Management Practices are used to minimise diffuse pollution of watercourses by; slowing the speed of runoff to allow settlement, filtering and infiltration; reducing the quantity of runoff collected; providing natural ways of treating collected surface water before it is either discharged to a watercourse or infiltrated into land. The Local Planning Authority will seek to reduce run-off from large developments by negotiating the use of grass swales, filter strips, porous pavements, infiltration devices, detention ponds, retention ponds and wetlands within the landscaped elements of the development.
2.31 In assessing the suitability and effectiveness of measures proposed
to meet the requirements described above, the local planning authority
will consult with the Environment Agency, and where necessary with the
relevant water companies or their
PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENTS THAT INTERACT POSITIVELY WITH THE NATURAL WATERCOURSE AND LAND DRAINAGE SYSTEM.
THE DRAINAGE CAPACITY OF THE SYSTEM WILL BE PROTECTED AND PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD RESULT IN:
IN ORDER TO SECURE SUCH PROVISION THE LOCAL PLANNING AUTHORITY WILL IMPOSE PLANNING CONDITIONS OR SEEK TO ENTER INTO A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNNING ACT 1990 TO ENSURE THAT DEVELOPMENT IS NOT OCCUPIED IN ADVANCE OF THE COMPLETION OF THE DRAINAGE SYSTEM.
SEWERAGE AND SEWAGE DISPOSAL
2.33 In granting planning permission conditions may be imposed or legal agreements sought to ensure that the development is provided with adequate sewers and would not result in flooding or surcharges elsewhere in the system. The local planning authority will ensure that independent sewage treatment facilities are only permitted where connection to the existing main sewerage is impracticable. Individual sewage disposal facilities such as septic tanks and cesspools will not be permitted if they are likely to give rise to water or ground pollution or nuisance through smell. Action in the form of conditions on planning permissions or the entering into a planning obligation under Section 106 of the Town and Country Planning Act 1990, will be taken as necessary to ensure that development is not occupied in advance of the completion of adequate drainage, sewerage and/or sewage treatment facilities, whether these be main sewerage or independent facilities.
2.34 In assessing the suitability and effectiveness of measures proposed
to meet the requirements described above, the local planning authority
will consult with the
PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD DAMAGE THE QUALITY AND ECOLOGY OF WATERCOURSES, IN PARTICULAR PLANNING PERMISSION WILL NOT BE GRANTED FOR:
IN ORDER TO SECURE SUCH PROVISION THE LOCAL PLANNING AUTHORITY WILL IMPOSE APPROPRIATE PLANNING CONDITIONS OR SEEK TO ENTER INTO A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO ENSURE THAT DEVELOPMENT IS NOT OCCUPIED IN ADVANCE OF THE COMPLETION OF SEWERAGE OR SEWAGE TREATMENT FACILITIES.
2.36 LAND STABILITY
Landsliding and other effects of land instability may threaten public safety, the built environment and economic activities. It is therefore important to ensure that land use is appropriate in the light of any known instability risk. PPG14 - 'Development on Unstable Land' (1990) refers specifically to the effects of instability on development and land use and advises local planning authorities to undertake stability assessments in such areas. The council has commissioned a Landslip Hazard Survey, and will publish Supplementary Planning Guidance to define the precise areas of risk to advise and guide developers and householders. Detailed stability assessments will be required in respect of applications for planning permission on sites where there is a known history of land instability or which are close to sites where land has been unstable in the past.
WHERE LAND INSTABILITY IS SUSPECTED, PLANNING APPLICATIONS SHOULD BE ACCOMPANIED BY A STABILITY REPORT DESCRIBING AND ANALYSING THE ISSUES RELEVANT TO GROUND INSTABILITY AND INDICATING HOW THEY WOULD BE OVERCOME. PLANNING PERMISSION WILL NOT BE GRANTED FOR PROPOSALS WHICH FAIL TO DEMONSTRATE THAT THE SITE IS STABLE, OR CAN BE MADE SO, UNLESS IT CAN BE SHOWN THAT THIS INSTABILITY WOULD NOT ADVERSELY AFFECT THE DEVELOPMENT PROPOSED.
PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD BE LIKELY TO INITIATE LANDSLIDING ON, OR CONTRIBUTE TO THE INSTABILITY OF, ADJOINING LAND.
2.38 The local planning authority has defined the settlement frameworks with boundaries shown on the proposals map. New development will generally be acceptable within settlement frameworks subject to the policies of the plan being complied with. Policies which apply generally within the settlement frameworks are the 'general urban area control policies' defined in Appendix 10(B). The area outside the settlement framework (including some public open space, landscaping, larger gardens, orchards and allotments) is considered to be countryside and is covered by the 'general open countryside control policies' defined in Appendix 10(C). Policies which apply everywhere in the plan area are listed in Appendix 10(A).
2.39 Some smaller villages and hamlets have no boundary on the proposals map. These are places whose rural character would be significantly and detrimentally altered by normal urban development. For the purposes of the control of development these places are covered by the policies for development in the countryside.
WITHIN THE SETTLEMENT FRAMEWORKS SHOWN ON THE PROPOSALS MAP, THE GENERAL URBAN AREA CONTROL POLICIES WILL APPLY. OUTSIDE THE SETTLEMENT FRAMEWORKS GENERAL OPEN COUNTRYSIDE CONTROL POLICIES WILL APPLY (AS DEFINED IN APPENDIX 10).
2.41 A Green Belt is an area of land near to or surrounding a town which
is kept open by a permanent and severe restriction on building. The purpose
of a Green Belt is to check the unrestricted sprawl of the larger built-up
areas and to safeguard the surrounding areas against further encroachment.
The North East Derbyshire Green Belt was first drawn up in 1955, being
intended to limit the sprawl of the Sheffield conurbation and prevent
it joining up the settlements of north eastern Derbyshire. More recently
the Green Belt boundaries and policies were reviewed, and a North East
Derbyshire Green Belt Local Plan was adopted by the county council in
1986. Since then the Derbyshire Structure Plan has been approved (1990)
and a revised PPG2 - 'Green Belts' was published in 1995. The 1990 Structure
Plan and the new Derby and Derbyshire Joint Structure Plan (placed on
deposit in April 1998) reaffirmed the strategy of continuing Green Belt
policies in this area. In Bolsover district most of
2.42 The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open, and the most important attribute of Green Belts is their openness. The general policies controlling development in the countryside apply with equal force in green belts but there is, in addition, a general presumption against inappropriate development within them. PPG 2 sets out the types of development which are not inappropriate, and these are reflected in Policy GEN 9. This policy does not apply to applications for mineral extraction and waste disposal about which the district council would be consulted, but for which Derbyshire County Council is the planning authority. Paragraphs 3.11 to 3.13 of PPG 2 refer to national policy on these developments in the Green Belt.
IN THE GREEN BELT AS DEFINED ON THE PROPOSALS
IMPORTANT OPEN AREAS
2.44 The open land between settlements or groups of buildings can be important to the character of distinct places, providing a setting and separating them from other concentrations of development. In a number of cases within the plan area such open breaks make a valuable contribution to the identity of settlements, irrespective of the size of the break.
2.45 The proposals map identifies important open break areas. It is the intention of the local planning authority to protect these areas from development which would reduce their effectiveness as open breaks between the settlements concerned. This represents an extra constraint on most forms of built development and some other uses of open land. The policy is additional to the strict controls which the local planning authority will apply on all proposals for development in the countryside. The definition of such breaks is not necessary in the Green Belt on account of the general concern to maintain the identity of individual settlements and prevent coalescence. Redevelopment at Hill Top Farm, New Houghton (paragraph 6.71), strictly within the existing farmstead curtilage, is not considered to infringe this open break policy.
2.46 Some uses of land such as temporary markets or caravan club sites which do not require planning permission can have the effect of making land appear more urbanised and less open. As well as using its planning powers, the council will make every effort to protect the open breaks identified in policy GEN 10 by such other means as are available.
2.47 Two open areas in the vicinity of the M1 at South Normanton and Pinxton lie within the settlement framework but give an open character to the margins of the motorway and act as an environmental cordon for parts of the existing built-up area, separating it from the motorway. This role is valuable and it is considered that the land should be protected from development and kept open.
IN THE OPEN BREAKS BETWEEN SETTLEMENTS AND IN AREAS ADJOINING THE M1 MOTORWAY AS DEFINED ON THE PROPOSALS MAP AND LISTED BELOW, PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT PROVIDED IT DOES NOT DETRACT FROM THE OBJECTIVE OF MAINTAINING THEIR OPEN CHARACTER.
URBAN FRINGE DEVELOPMENTS
2.49 New development on the edge of settlements can result in a prominent visual intrusion into the surrounding countryside. This contrast between countryside and urban area can be reduced by the careful design and orientation of buildings and by the creation of a substantial landscaped edge. Where it is likely that a development site will be the edge of the settlement for a period of at least 10 years particular attention should be given to the specific design of that settlement edge. Landscaped areas and careful building design and siting, will be required. (Approval of the Structure Plan Review will necessitate the review of this local plan, at that stage the 'edge of settlements' may also need to be reviewed. This may affect the permanency of landscaping zones and consideration will be given to the likelihood of this when considering development proposals). The extent of the landscape zone will vary with the prominence of the settlement edge, but may be expected to be 20 metres in width. Landscaping within the zone may be part of the development site, or may be provided as separate wildlife areas and in some cases may form the front or rear garden of properties. The nature of the landscaping zone may be such that it could form part of the structural landscaping for a larger development at a future date, or provide essential infrastructure, such as drainage ponds or washland. Alternatively it may be possible to create an appropriate landscape zone with a cash crop adding economic value to the land.
PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT ADJOINING THE SETTLEMENT FRAMEWORK BOUNDARY IF IT CAN BE DEMONSTRATED THAT THE DESIGN, SCALE AND MASSING OF BUILDINGS ON THE EDGE OF THE URBAN AREA TOGETHER WITH LANDSCAPING PROPOSALS WILL MINIMISE THE VISUAL IMPACT OF THE DEVELOPMENT ON THE COUNTRYSIDE.
DEVELOPMENT WHICH IS LIKELY TO BECOME THE LONG TERM EDGE OF THE SETTLEMENT WILL BE REQUIRED TO INCLUDE THE RETENTION OR CREATION OF A SUBSTANTIAL LANDSCAPED AREA WITHIN AND ADJOINING THE SETTLEMENT FRAMEWORK TO REDUCE THE VISUAL INTRUSION OF THE DEVELOPMENT AND MAKE A POSITIVE CONTRIBUTION TO THE DEVELOPMENT.
THE LOCAL PLANNING AUTHORITY WILL IMPOSE CONDITIONS ON PLANNING PERMISSIONS OR SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO PROVIDE FOR THE RETENTION AND LONG TERM MANAGEMENT OF LANDSCAPED AREAS ADJOINING THE SETTLEMENT FRAMEWORK.
DEVELOPMENT ADJOINING FARMLAND
PLANNING PERMISSION WILL BE GRANTED FOR DEVELOPMENT ADJOINING FARMLAND IF IT CAN BE DEMONSTRATED THAT IT:
ACCESS AND FACILITIES FOR PEOPLE WITH A DISABILITY
2.53 Developers have a statutory duty to ensure that the needs of people with a disability are taken into account when a new non-domestic building (or, in most cases, an extension to such a building) is being provided, unless the building is a dwelling. The Building Regulations spell out the detailed requirements. They apply to buildings that are being newly erected, or have been substantially demolished to leave only external walls. The Building Regulations are intended to make it reasonably safe and convenient for people with a disability to gain access to and within, non-domestic buildings and to use them. The provisions for access and facilities are for the benefit of people with a disability who are visitors to the building or who work in it.
2.54 The Building Regulations described above do not apply to all forms of development that require planning permission. It is therefore the council's intention to use the planning process to secure appropriate provision of access and facilities for people with a disability in some extra cases. This provision will be sought in the case of all developments to which people with a disability might need to have access as employees or visitors. Provision will be required unless the local planning authority considers it to be impractical or unreasonable in the circumstances.
2.55 Provision of access and facilities can take many forms. Examples include access ramps, dropped kerbs, parking spaces, toilets, lifts, and design which assists visually impaired people.
2.56 Additional forms of development and other schemes where provision for people with a disability will be sought include the following:
1) Changes of use (except those to domestic use).
2.57 Where opportunities arise the local planning authority will encourage developers to make provision in existing buildings and other works. It is intended to issue supplementary planning guidance (SPG) to provide assistance to developers and to be used in the course of determining planning applications.
PLANNING PERMISSION FOR DEVELOPMENT TO WHICH THE PUBLIC HAVE ACCESS WILL ONLY BE GRANTED IF APPROPRIATE PROVISION IS MADE, WHERE PRACTICAL AND REASONABLE, FOR ACCESS AND FACILITIES TO SERVE PEOPLE WITH A DISABILITY.
THE NEEDS OF PEOPLE WITH DISABILITIES WILL BE TAKEN INTO ACCOUNT WHEN CONSIDERING OTHER TYPES OF DEVELOPMENT AND IN PARTICULAR WHEN UNDERTAKING TOWN CENTRE SCHEMES SUCH AS PEDESTRIANISATION, TRAFFIC CALMING AND NEW PUBLIC TRANSPORT FACILITIES.
2.60 Conservation areas are designated to assist the preservation and enhancement of their special architectural or historic interest. There is therefore a different policy for control of advertisements within conservation areas which is set out in Chapter 8 in paragraphs 8.19 to 8.23 and policy CON 5.
EXCEPT IN CONSERVATION AREAS, EXPRESS CONSENT WILL BE GRANTED FOR ADVERTISEMENTS ON BUILDINGS TO WHICH THEY RELATE OR AT THE SITE OF THE BUILDING, IN CASES WHERE A SIGN ON A BUILDING IS NOT POSSIBLE OR SUITABLE, PROVIDED NO SIGNIFICANT DETRIMENT IS CAUSED TO LOCAL AMENITY OR PUBLIC SAFETY, AS FOLLOWS:
2.62 Telecommunications reduce the need for people to travel, so that they are not only an invaluable aid to everyday life but also an aid to sustainability. Telecommunications of all forms (from wire and optical cable links to conventional radio, cellular phones and satellite broadcasting) are changing rapidly - not only in their technology but also in the organisation of their networks. Government advice on how local planning authorities should deal with the issues that arise is contained in PPG8 - 'Telecommunications' (1992). This guidance says local planning authorities should respond positively to telecommunications development proposals (in particular where the proposed location is constrained by technical considerations) while taking account of advice on the protection of urban and rural areas contained in other planning policy guidance notes. This approach matches the attitude commonly taken by local planning authorities towards development proposals for utilities such as gas, electricity and water installations.
2.63 The Town and Country Planning (General Permitted Development) Order 1995 categorises some telecommunications installations as permitted development, not requiring planning permission. Some development proposals which are permitted development are subject to determination procedures and require the prior approval of the local planning authority for their siting and appearance. The more substantial proposals need planning permission, and in considering such proposals the local planning authority will follow a number of basic principles. These relate to the decision whether to grant planning permission, and are separate to the licensing procedures which may or may not cover aspects of the matters. It is recognised that the need for a particular telecommunications service to be provided by the operators, is not a planning matter, although the significance of the proposal as part of the national network is a material consideration. The type of network and the technical safety requirements of the technology available, may also impose limitations on siting of equipment.
2.64 The following principles are considered to be important:
PLANNING PERMISSION WILL BE GRANTED FOR TELECOMMUNICATIONS DEVELOPMENT PROVIDED THAT:
WHERE PRIOR APPROVAL IS SOUGHT FOR TELECOMMUNICATIONS PROPOSALS WHICH ARE PERMITTED DEVELOPMENT, APPROVAL WILL BE GIVEN, PROVIDED THAT THE DEVELOPMENT IS SITED AND DESIGNED SO AS TO MINIMISE ITS VISUAL IMPACT, TAKING ACCOUNT OF THE SAFTEY AND TECHNICAL OBLIGATIONS ON CODE SYSTEM OPERATORS TO PROVIDE A TELECOMMUNICATIONS SERVICE.
RENEWABLE ENERGY PROJECTS
2.67 Despite the benefits described above, it is important that projects to develop renewable energy resources should not lead to harmful local consequences. Some sources of renewable energy can only be exploited where they occur, and this must be a factor in balancing the benefits of renewable energy against environmental impacts. Whilst encouraging the development of renewable energy schemes, the local planning authority will require such projects to accord with other local plan proposals in the normal way (for example GEN 1, GEN 2 and ENV 5). If schemes are successfully developed it may become appropriate to introduce policies safeguarding from development the natural resource on which they depend; for example the flow of a river or the exposure of a windy site. Safeguarding of this type would be a matter for a future review of the local plan.
PLANNING PERMISSION WILL BE GRANTED FOR RENEWABLE ENERGY DEVELOPMENTS PROVIDED THAT THE CUMULATIVE EFFECT OF A NUMBER OF SUCH PROJECTS WOULD NOT CREATE AN UNACCEPTABLE IMPACT ON THE LOCAL ENVIRONMENT.
2.69 Landfill gas, which contains methane and carbon dioxide, may form an explosive mixture with air if generated in sufficient quantity. This may give rise to a variety of hazards and in particular circumstances it may be toxic. Leachate from waste may also migrate and generate gas some distance away from the landfill site.
2.70 Major waste disposal sites will normally incorporate precautionary measures to contain and dispose of gases and other wastes produced. Landfill gas may, however, be present at closed landfill sites in various quantities. Where development sites lie within 250 metres of a known landfill site the local planning authority may require the submission of a survey into the likelihood of landfill gas migration into the development site, and the potential presence of landfill gas will be a material consideration in the determination of planning applications. Reliable arrangements must be made to overcome the danger of migrating gas where this is an identified problem. Policies GEN 1, GEN 2, GEN 3 and GEN 4 will also cover any application which involves landfill gas.
2.71 Works of art can improve the general environment of an area and contribute towards the quality of life, they can also help economic development initiatives by improving the district's image to potential investors. As part of its responsibility for enhancing the environment, the council will encourage all developers to consider the public appearance of buildings and open spaces and wherever appropriate, the inclusion of works of art. This may be in many forms such as decorative street furniture, relief brickwork, the treatment of surfaced areas, or pieces of sculpture. In particular the council will seek to encourage major developments (costing £1m and over) to which the public have access, or where development schemes have a significant visual impact, to incorporate work or works of art at a proportion of the total cost of the scheme (ideally 1% or more).
2.72 On major sites where there may be several separate but related developments, it may be more appropriate for the developers to make this provision in the form of a commuted payment so that one significant work of art is provided instead of several minor pieces. The council will seek to encourage where possible and appropriate, public involvement in the design of the work or works of art.
PLANNING PERMISSION WILL BE GRANTED FOR THE PROVISION OF SUITABLE WORKS OF ART AND CRAFT EITHER ON THEIR OWN OR AS PART OF A DEVELOPMENT SCHEME.
THE LOCAL PLANNING AUTHORITY WILL SEEK TO NEGOTIATE THE PROVISION OF A WORK OR WORKS OF ART OR A CONTRIBUTION TO COMMUNITY ARTS AT A LEVEL OF 1% OR MORE OF THE TOTAL COST OF THE SCHEME ON MAJOR DEVELOPMENTS, COSTING ONE MILLION POUNDS OR OVER, TO WHICH THERE IS PUBLIC ACCESS OR WHICH WILL HAVE A SIGNIFICANT VISUAL IMPACT. THE COUNCIL WILL SEEK TO NEGOTIATE A PLANNING OBLIGATION UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO SECURE THIS PROVISION.