6. Countryside And Nature Conservation
 
OBJECTIVES
1 To protect the countryside from inappropriate development. (aim 1)
2 To identify, protect and, where appropriate, enhance valuable landscapes and landscape features. (aim 1)
3 To identify, protect and enhance sites of nature conservation and earth science interest and ensure the diversity and quality of habitats and features are maintained. (aim 1)
4 To identify and protect the green spaces which preserve the separate identity of settlements. (aim 1)
5 To seek to protect and enhance the rural economy, taking into account the need to maintain viable agriculture. (aims 2 and 3)
   
   
POLICIES
The countryside is a valuable and vulnerable natural resource which is under significant pressure. Change is inevitable but must be both appropriate and controlled if the resource is not to be devalued. Over 75% of the County Borough is countryside. This chapter puts forward ways of protecting and enhancing it while maintaining the opportunity for appropriate growth and development.
   
  INTRODUCTION
6.1 The countryside represents a number of valuable assets: attractive and unique landscapes; a wide variety of natural habitats and species; an important opportunity for recreation, leisure and tourism; the backdrop to the towns and villages in the County Borough. Pressures on the countryside come from a number of sources: from urban and other forms of development; from exploitation of natural resources such as minerals; from changes in agricultural practice.
6.2 Planning policy and control over the countryside is vital in order to:
i) protect the countryside environment as an important asset for its own sake;
ii) meet the needs of the communities living and working in the countryside;
iii) allow agriculture and the rural economy to change and develop;
iv) maintain an attractive rural backdrop for urban communities;
v) attract visitors to the area to support the growing tourism industry;
vi) and provide an essential focus for the changes of image necessary to secure inward investment into the County Borough and retain existing businesses.
6.3 Government planning guidance i recognises that both statutorily designated sites (such as National Parks) and locally designated sites (such as Special Landscape Areas and Sites of Importance for Nature Conservation) contribute to the conservation of the natural heritage and should be taken into account when determining applications for development.
6.4 In areas statutorily designated for their conservation interest, regard will be had for the purpose of the designation when determining applications for development. Where a proposal will threaten a habitat which supports a nationally important wildlife or plant species, development will be resisted. Where an area does not have statutory protection, but is considered to be of local importance, regard will be had for the purpose of the local designation when determining applications for development. In all instances regard will be paid to the requirements outlined in the EEC Habitat Directive ii. Sites known to be valuable in nature conservation terms but which are not designated will be protected through additional policy measures.
 
POLICIES
   
Countryside Protection Strategy
 
Note Policy 1C, the strategic policy which seeks to protect the countryside and areas of nature conservation and landscape importance, can be found in Part 1 of the UDP above. It is repeated here for convenience only so that the following supporting text is set in its context.
  PART 1 POLICY
  1C THE COUNCIL WILL PROTECT THE COUNTRYSIDE FROM INAPPROPRIATE DEVELOPMENT AND WILL TAKE ACCOUNT OF THE NATURE CONSERVATION, LANDSCAPE AND AMENITY VALUE THROUGHOUT THE COUNTY BOROUGH. THE COUNCIL WILL PROTECT AND, WHERE POSSIBLE, ENHANCE LAND DESIGNATED FOR:
    A ITS LANDSCAPE VALUE; OR
    B ITS NATURE CONSERVATION VALUE; OR
    C ITS VALUE AS GREEN SPACE BETWEEN AND WITHIN SETTLEMENTS, OR
  D ITS AGRICULTURAL VALUE
(Objectives 1, 2, 3 and 4)
 
6.5 The term 'countryside' is used within the UDP to refer to the land that lies beyond the Settlement Boundary as defined by Policy DC2. The countryside encompasses a variety of landscapes within the County Borough, including land between villages and towns, urban fringe, steep-sided valleys and mountain-top plateaux, and the more traditional areas of agricultural fields. However, because there is land with nature conservation, landscape and amenity interests within settlement boundaries, this Policy applies to land throughout the County Borough and not just to the countryside. To secure the enhancement of the countryside encouragement will be given to initiatives such as woodland management, common land management and farm conservation schemes. These initiatives will only be possible with the co-operation of the landowners, commoners and the public, private and voluntary sectors.
6.6 In addition to the statutory and other national designations and protection, a package of policy mechanisms is put forward in the UDP to protect sensitive areas of the County Borough from inappropriate development. These policies can broadly be divided into the following categories:
  Nature Conservation Policies (C10 and C11)
which conserve areas of importance for nature conservation interest:
 
  • Sites of Special Scientific Interest
  • Sites of Importance for Nature Conservation - (SINCs)
  • Local Nature Reserves - (LNRs)
  Landscape Protection Policies (C12)
which conserve and enhance the landscape setting of the County Borough:
 
  • Special Landscape Areas - (SLAs)
  Anti Coalescence Policies (C14 and DC2)
which prevent the coalescence of neighbouring settlements:
 
  • Green Wedges
  • Settlement Boundaries
6.7 The policies put forward in these three broad categories are each targeted to achieve a specific objective. Designations can overlap so that policies reinforce each other where appropriate. This package of policies therefore affords the environment effective protection. At the same time, it is also flexible because individual designations can be reviewed through the UDP process, in the light of changed circumstances, in relation to the specific purpose which the policy is designed to serve. Because designations are reviewed at regular intervals, there is no need to provide 'safeguarded land' for development beyond the plan period (as associated with a Green Belt designation), this removes the uncertainty of the development status of unallocated land.
6.8 Welsh Assembly Government guidance indicates that, should local authorities be inclined to designate Green Belts they "must consider and justify which would be the most appropriate means of protection. When including Green Belt policies in their Plans, authorities must demonstrate why normal planning and development control policies would not provide the necessary protection" iii . Strategic Planning Guidance South East Wales (January 2000) concluded: "that the regional importance of Cardiff requires the strategic protection of a Green Belt but that other designations are more appropriate elsewhere in South East Wales" iv.
6.9 Having considered the matter carefully, it is the Authority's view that, in the context of the County Borough, the package of measures outlined above and detailed below has clarity of purpose and is both more powerful and more flexible than the designation of a Green Belt. It has therefore been concluded that a Green Belt designation cannot be justified within Caerphilly County Borough.
6.10 Altogether, within the County Borough the package of national and UDP designations amounts to some 22,837 hectares of land as follows:
  • 10 Sites of Special Scientific Interest (SSSI) - 142 ha
  • 3 Local Nature Reserves (LNR) - 21.5 ha
  • 186 Sites of Importance for Nature Conservation (SINC) - 5,280 ha
  • 17 Special Landscape Areas (SLA) - 14,530 ha
  • 5 Landscapes / Gardens / Parks of Historic Importance - 1,651.5 ha
  • 32 Green Wedges - 1,212 ha
Figure 4
 
6.11 The landscape strategies prepared for the former Islwyn and Rhymney Valley Council areas, and the Countryside Strategy prepared by Caerphilly County Borough Council provide the supporting evidence for these designations.
(See Part 1 paragraphs 4.8 - 4.13)
6.12 By identifying valued and sensitive areas, these designations together indicate where development should be resisted and, conversely, where there is capacity to accommodate necessary development in appropriate locations with least harm to the environment. Figure 4 above shows the broad distribution of the main areas of protection in the County Borough. From this it can be seen that much of the south of the County Borough is protected with limited opportunity for development. It is for this reason that the overall strategy outlined in Part 1 proposes policies of constraint for this area.
(See Introduction, paragraph 3.2)
6.13 The Government's UK Biodiversity Action Plan 1994, placed the onus on local authorities to play a lead role in the preparation of local Biodiversity Action Plans. This authority has prepared a local Biodiversity Action Plan for the County Borough which involved individuals and representatives of community groups, local naturalists, wildlife groups, and representatives from local businesses in the process. The Biodiversity Action Plan is one strategy that the UDP must be in conformity with. Specific policies on nature conservation have been included in this chapter of the UDP (Policies C9, C10, C11 and C13) to ensure that biodiversity is incorporated into the planning process. Biodiversity is an essential element of sustainable development. Similarly the interaction between the UDP and the Environment Agency's Eastern Valleys LEAP in relation to biodiversity, waste management and other matters is of particular importance.
6.14 Old buildings and a variety of locations throughout the County Borough can contain roosts for bats and owls which are protected by the Wildlife and Countryside Act 1981. Where protected species are found to occur in buildings, the scheme should where possible make provision for the retention of the protected species, by enabling continued access to the building by these species. The Council will consult the Countryside Council for Wales (CCW) in cases where protected species occur. The Council's Development Design Guides 3 "Dwellings in the Countryside", 4 "Buildings in the Countryside" and 11 "Development and Nature Conservation" should be referred to for more detailed guidance.
6.15 Policy 1C also affords protection for land designated for its agricultural value. The limited amount of high quality agricultural land (Grades 1, 2, and 3a) located in the south east of the County Borough will be protected from irreversible development unless very exceptional circumstances can be demonstrated and there is no lower quality agricultural or non-agricultural land available. Moderate and low quality agricultural land (Grade 3b and 4) will be protected for agricultural reasons where its loss to non-agricultural development would result in significant harm to the viability of farming in the area. It should be noted that poor quality agricultural land can have landscape or wildlife/ecological value. In this respect, Policies C11 and C12 will apply.
6.16 It must be noted that the fact that an area is not covered by a protective designation does not mean that it can or should be developed. General countryside protection policies apply to those areas which are not specifically designated for protection or allocated for development. It is these general policies which are put forward first (Policies C1 to C8).
(Defined in paragraph 6.4)
   
GENERAL COUNTRYSIDE POLICIES
Development in the Countryside
 
C1 DEVELOPMENT IN THE COUNTRYSIDE WILL ONLY BE PERMITTED WHERE IT WILL NOT HAVE A HARMFUL [IMPACT ON THE CHARACTER, AMENITY, LANDSCAPE AND NATURE CONSERVATION VALUE OF THE AREA
(Objectives 1, 2 and 5)
 
6.17 The character of the countryside is the product of man's activity over thousands of years. Agricultural practices, the Industrial Revolution, landscape improvements, and more recent development in the countryside have all contributed to the environment, much of which is cherished today.
6.18 The countryside still provides employment and housing for many people and supports the recreational and leisure pursuits of nearby communities. Consequently the countryside cannot be preserved without change but should be allowed to develop in a sustainable manner. This is recognised in Policy DC2 which restricts development in the countryside but allows for exceptions in respect of appropriate and necessary types of development.
6.19 Where development is allowed, it must be sympathetically designed to have regard for the appearance and character of the countryside. Suitable mitigating measures will help to minimise any harm that a proposal could otherwise cause. In addition, it should not have an unacceptable impact on the landscape and nature conservation value of the area.
   
Infill Development in the Countryside
 
C2 INFILL DEVELOPMENT WITHIN VILLAGES IN THE COUNTRYSIDE WILL ONLY BE PERMITTED WHERE:
    A THE SITE IS SMALL AND WITHIN AN OTHERWISE CONTINUOUSLY BUILT-UP FRONTAGE, OR
    B THE SITE IS SMALL AND IS LARGELY SURROUNDED BY DEVELOPMENT; AND
    C THERE WILL BE NO HARMFUL IMPACT ON THE AMENTIES OF ADJOINING OCCUPIERS OF THE LAND OR TO THE CHARACTER OF THE SURROUNDING AREA; AND
    D IT DOES NOT LEAD TO LOSS OF OPEN SPACE TO THE DETRIMENT OF THE CHARACTER AND AMENITY OF THE AREA
    INFILL DEVELOPMENT SHOULD COMPLEMENT THE CHARACTER OF EXISTING DEVELOPMENT IN TERMS OF DESIGN AND DENSITY
(Objective 1)
 
6.20 Beyond the Settlement Boundary there are hamlets and small villages that may contain sites which could be developed without prejudicing the character of the area and the wider countryside. However, development will only be appropriate in these circumstances, where it is genuinely small scale, will occupy a small gap in a definable frontage, is on a small site largely surrounded by development, and will not have an unacceptable impact on the amenity and character of the area as a whole.
6.21 Where a proposal for development is acceptable in principle, sensitive design will be of paramount importance to ensure that the visual amenity of the area is not compromised. The Council's Development Design Guide 3 "Dwellings in the Countryside" should be referred to for more detailed guidance on the types of proposal considered acceptable.
   
Extension of Buildings in the Countryside
 
C3 THE EXTENSION OF BUILDINGS IN THE COUNTRYSIDE WILL ONLY BE PERMITTED WHERE:
    A THERE WILL BE NO UNACCEPTABLE IMPACT ON THE VISUAL AMENITY OF THE SURROUNDING AREA;
    B THE EXTENSION IS WELL RELATED IN TERMS OF SCALE AND DESIGN TO THE EXISTING BUILDING WHICH WILL REMAIN THE DOMINANT ELEMENT
    IN THE CASE OF PROPOSALS TO EXTEND BUILDINGS WHICH HAVE ALREADY BEEN EXTENDED THE PROPOSAL SHOULD HAVE REGARD FOR THE SCALE AND CHARACTER OF THE ORIGINAL PART OF THE BUILDING
(Objective 1)
 
6.22 There are many buildings beyond the Settlement Boundary which are old and which require an extension in order for the property to meet the demands placed upon it by its occupants. Any extension should be sympathetically designed so that it is in scale with the host building and that there is no unacceptable visual impact on the character of the area as a whole. The Council's Development Design Guide 2 "Householder Developments" should be referred to for more detailed guidance on the types of extension considered acceptable.
   
Farm Diversification
 
C4 FARM DIVERSIFICATION PROPOSALS WILL ONLY BE PERMITTED WHERE:
    A THE SCALE AND NATURE OF THE PROPOSAL DOES NOT HAVE AN UNACCEPTABLE IMPACT ON THE RURAL CHARACTER OF THE AREA BY WAY OF NOISE, SMELL OR VISUAL IMPACT, INCLUDING NEAR OR DISTANT VIEWS AND LIGHTING;
    B WHERE POSSIBLE, EXISTING FEATURES SUCH AS HEDGEROWS, STONE WALLS AND TREES ARE INTEGRATED INTO THE DEVELOPMENT OR, ALTERNATIVELY, MEASURES ARE TAKEN TO MITIGATE THEIR LOSS.
    C ACCESS ROADS CAN ACCOMMODATE THE VOLUME AND NATURE OF TRAFFIC PROPOSED WITHOUT AN UNACCEPTABLE IMPACT ON THE RURAL CHARACTER OF THE AREA;
    D THE LANDSCAPE AND/OR NATURE CONSERVATION VALUE OF THE SITE IS NOT HARMED, PARTICULARLY WHERE THE SITE IS CLOSE TO SITES OF SPECIAL SCIENTIFIC INTEREST (SSSI), ANCIENT WOODLAND AND/OR SITES OF IMPORTANCE FOR NATURE CONSERVATION (SINC);
    E THE DESIGN AND MATERIALS OF THE PROPOSED DEVELOPMENT ARE APPROPRIATE TO THE RURAL SETTING; AND
    F ANY GOODS SOLD ARE INCIDENTAL TO THE AGRICULTURAL USE OR THE PRIMARY ACTIVITY BEING CARRIED OUT
(Objectives 1 and 5)
 
6.23 The Council recognises that there are changes taking place in agriculture which can be of benefit to the viability of a farm unit. These can range from the use of part of a farm for recreation or the provision of tourist accommodation through the reuse of redundant farm buildings. This Policy applies to countryside recreation and other proposals which relate to farm diversification. General countryside recreation proposals will be considered against Policies L11 and L12 of the Leisure and Tourism Chapter.
6.24 The Council will support proposals for farm diversification provided they do not involve development which would have an unacceptable impact on the character of the rural area, such as the widening of rural lanes to provide access, hedgerow removal, or the provision of street lighting and footways. Developments should have a minimal visual impact at all times therefore proposals involving flood lighting would normally be out of place. The higher grades of agricultural land need to be protected from development therefore proposals affecting Grade 3a land or above will only be supported where the land would be capable of being brought back into agricultural use.
(See paragraph 6.15)
6.25 Where a farm diversification project requires the provision of housing on the site the need for this will have to be justified through the identification of a functional and a financial need. It will normally be expected that temporary accommodation will be used until such time as the project has become established.
   
Agricultural Development
 
C5 AGRICULTURAL DEVELOPMENT REQUIRING PLANNING PERMISSION WILL BE PERMITTED WHERE:
    A IT CAN BE DEMONSTRATED THAT A BONA FIDE AGRICULTURAL NEED EXISTS FOR THE DEVELOPMENT;
    B IT IS IN KEEPING WITH THE CHARACTER AND APPEARANCE OF THE IMMEDIATE LOCALITY IN TERMS OF FORM, MASSING, MATERIALS AND DESIGN;
    C THE PROPOSED USE AND SITING OF THE DEVELOPMENT IS COMPATIBLE WITH ADJOINING AND SURROUNDING LAND-USES AND IS APPROPRIATE TO A RURAL LOCATION; AND
    D THE LANDSCAPE AND/OR NATURE CONSERVATION VALUE OF THE SITE IS NOT HARMED, PARTICULARLY WHERE THE SITE IS CLOSE TO SITES OF SPECIAL SCIENTIFIC INTEREST (SSSI), ANCIENT WOODLAND, AND/OR SITES OF IMPORTANCE FOR NATURE CONSERVATION (SINC)
(Objectives 1 and 5)
 
6.26 This Policy applies to proposals which require planning permission or are subject to the need to give advance notification to the local planning authority as set out in the Town and Country Planning (General Permitted Development) Order 1995.
6.27 The Council supports proposals for the maintenance of existing, and development of, viable agricultural enterprises. However, it will also be necessary to ensure that development associated with new or existing agricultural enterprises does not have an unacceptable impact on the character of the rural area, existing buildings, or the best quality agricultural land.
   
Conversion and Rehabilitation of Buildings
 
C6 THE CONVERSION AND REHABILITATION FOR RE-USE OF BUILDINGS AND DWELLINGS OUTSIDE SETTLEMENT BOUNDARIES WILL BE PERMITTED WHERE:
    A THE EXISTING BUILDING IS STRUCTURALLY SOUND AND CAPABLE OF CONVERSION WITHOUT MAJOR EXTERNAL ALTERATION OR RECONSTRUCTION;
    B THE CHARACTER OF THE EXISTING BUILDING IS RESPECTED (PARTICULARLY IF IT HAS ARCHITECTURAL AND OR HISTORIC MERIT) AND THE CONVERSION OR REHABILITATION IS IN KEEPING WITH THE CHARACTER AND APPEARANCE OF THE IMMEDIATE LOCALITY IN TERMS OF FORM, MASSING, MATERIALS AND DESIGN;
    C THE PROPOSED USE IS COMPATIBLE WITH ADJOINING AND SURROUNDING LAND-USES AND IS APPROPRIATE TO A RURAL LOCATION;
    D SATISFACTORY PROVISION IS MADE FOR SERVICES, ACCESS AND PARKING; AND
    E IN THE CASE OF CONVERSION AND REHABILITATION FOR REUSE OF MODERN AGRICULTURAL BUILDINGS THE PROPOSAL SHOULD BE FOR AN ALTERNATIVE COMPATIBLE ECONOMIC USE
(Objectives 1 and 5)
 
6.28 This Policy applies to the conversion and rehabilitation of buildings and dwellings outside settlement boundaries for residential, new commercial, industrial, and recreation use. Buildings in the countryside, if not put to a useful purpose can become derelict, and the careful conversion and rehabilitation for a new use can be the key to their conservation. When assessing planning applications for the re-use of rural buildings, the Council will ensure that the nature and extent of the new use proposed for the building is acceptable in planning terms. Where legitimate planning objections outweigh the advantages of the proposed re-use of a building the development will be refused.
6.29 The Council wishes to promote economic diversification and to provide a variety of employment opportunities for those who live in rural areas, therefore the reuse and adaption of existing buildings (including modern buildings) to new commercial, industrial, or recreation uses should be encouraged. However, proposals for the conversion of rural buildings for business re-use should not lead to a dispersal of activity on such a scale as to prejudice town and village vitality. In order to control the conversion of buildings in the countryside they will be judged against the above criteria. This will ensure that any conversion or rehabilitation will be carried out in a sympathetic manner that reflects the character of both the existing building and its locality, and provides a positive benefit to the landscape. The Council's Development Design Guide 3 "Dwellings in the Countryside" should be referred to for more detailed guidance on the types of alterations considered acceptable.
6.30 In developments of this type, the Council may wish to remove permitted development rights for the property to ensure that porches and extensions of an unsuitable nature are not added at a later stage.
   
Replacement of Existing Dwellings in the Countryside
 
C7 THE REPLACEMENT OF AN EXISTING DWELLING IN THE COUNTRYSIDE WILL ONLY BE PERMITTED WHERE ALL OF THE FOLLOWING CRITERIA ARE MET:
    A THE DWELLING HAS NO ARCHITECTURAL OR HISTORIC MERIT;
    B IT CAN BE DEMONSTRATED THAT THE RESIDENTIAL USE OF THE DWELLING HAS NOT BEEN ABANDONED; AND
    C THE SCALE, FORM, SITING, DESIGN AND THE MATERIALS USED ARE APPROPRIATE FOR A RURAL LOCATION
(Objective 1)
 
6.31 In order to retain existing traditional buildings in the countryside and avoid their replacement with inappropriate new development, replacement dwellings will not be permitted unless all of the above criteria can be satisfied. This policy is designed to ensure that firstly, existing dwellings which are clearly ruinous or abandoned are not classed as dwellings that require re-building; and secondly, properties are not replaced by new developments that are not in keeping with their rural location.
   
Agricultural and Forestry Dwellings
 
C8 THE CONSTRUCTION OF PERMANENT AGRICULTURAL AND FORESTRY WORKERS DWELLINGS IN THE COUNTRYSIDE WILL BE PERMITTED, PROVIDED:
    A IT CAN BE DEMONSTRATED THAT IT IS ESSENTIAL THAT THE WORKER LIVES AT OR CLOSE TO THE PLACE OF WORK;
    B THE SCALE, FORM, SITING, DESIGN AND THE MATERIALS USED ARE APPROPRIATE FOR A RURAL LOCATION
(Objectives 4 and 5)
 
6.32 The allocation of land for housing within the development plan framework and the identification of Settlement Boundaries will ensure the countryside will be protected from further housing development. It is however recognised that there may be exceptional cases where residential development will need to be allowed in the open countryside. One such exception would involve proposals which can clearly justify the need for people actively engaged in agriculture or forestry to live at or near their place of work, and there is no suitable land or housing available in a nearby settlement. This applies to land or housing within defined settlement boundaries and also to hamlets and villages in the countryside as defined by Policy C2.
6.33 Proposals for agricultural or forestry workers dwellings will be assessed on the criteria outlined in Planning Policy Wales, March 2002 (Paragraph 9.3.7). In assessing applications for such new dwellings the Council will need to apply functional and financial tests. A 'functional' test will be necessary to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available at most times, requiring accommodation on the farm. As part of this test it will be necessary to demonstrate that there is no suitable land or housing sufficiently close by within the existing settlement boundary. Agricultural or forestry workers dwellings cannot be justified on agricultural grounds unless the farming enterprise is economically viable. A 'financial test' is necessary for this purpose, and to provide evidence of the size of dwelling which the unit can sustain. The Council's Development Design Guide 3 "Dwellings in the Countryside" should be referred to for more detailed guidance on the 'functional' and 'financial' tests.
6.34 The Council will use its powers to impose planning conditions on planning permissions to ensure that occupancy of the new dwellings will be used in conjunction with the farm or forestry business. In certain circumstances, the use of conditions will be extended to ensure that other dwellings in the ownership of the applicant, on the same farm unit, are also the subject of occupancy agreements. In appropriate circumstances the Council will use planning obligations to tie a farmhouse to adjacent farm buildings, to prevent them being sold separately. The implementation of these measures will protect the countryside from unnecessary housing developments.
6.35 In circumstances where it can be demonstrated that new dwellings are required for agricultural purposes in the countryside, such dwellings may need to be sited near existing buildings to minimise their effects on the local environment.
   
NATURE CONSERVATION POLICIES
Site Protection Policy
 
C9 IN RELATION TO LAND OUTSIDE AREAS WHICH ARE DESIGNATED BY REASON OF THEIR NATURE CONSERVATION IMPORTANCE, TO ENSURE THAT DEVELOPMENT TAKES APPROPRIATE ACCOUNT OF NATURE CONSERVATION INTERESTS PROPOSALS WILL BE REQUIRED, WHERE NECESSARY, TO BE SUPPORTED BY THE FOLLOWING:
    A A SITE INVESTIGATION TO IDENTIFY ANY FEATURES OF NATURE CONSERVATION IMPORTANCE;
    B MEASURES FOR THE PROTECTION AND MANAGEMENT OF FEATURES OF NATURE CONSERVATION IMPORTANCE IDENTIFIED FOR RETENTION;
    C MEASURES FOR COMPENSATING FOR ANY NATURE CONSERVATION FEATURES DAMAGED OR DESTROYED DURING THE DEVELOPMENT PROCESS
(Objectives 1 and 4)
 
6.36 This policy is aimed at providing appropriate protection for sites which are known or believed to be of value in nature conservation terms but which lie outside any of the designated areas. The intention is to ensure that there will be no net loss of the natural/environmental resource as a result of development. Also where proposals can be made subject to conditions, or if necessary a planning obligation, which will effectively limit the impact of the development on wildlife habitats and important physical features, permission will not normally be refused on nature conservation grounds alone.
   
Statutory Nature Conservation Designations
 
C10 DEVELOPMENT PROPOSALS WITHIN OR IN THE VICINITY OF SITES OF SPECIAL SCIENTIFIC INTEREST (SSSI) WHICH WOULD HAVE A HARMFUL IMPACT, EITHER DIRECTLY OR INDIRECTLY, ON THE SSSI WILL NOT BE PERMITTED UNLESS THE REASONS FOR THE DEVELOPMENT CLEARLY OUTWEIGH THE VALUE OF THE SITE ITSELF AND THE NATIONAL POLICY TO SAFEGUARD THE INTRINSIC NATURE CONSERVATION VALUE OF THE NATIONAL NETWORK OF SUCH SITES
(Objective 2)
 
6.37 There are 10 Sites of Special Scientific Interest (SSSIs) in the County Borough, which are protected under the Wildlife and Countryside Act 1981. The main aim of SSSIs is to identify and give protection to areas which are considered to be of national importance and to ensure that habitats and geological features remain as large and diverse as possible.
(See Appendix 7)
6.38 Development proposals within or in the vicinity of SSSIs will be subject to special scrutiny. Where such development proposals will have a significant unacceptable impact, either directly or indirectly on the SSSI, they will not be permitted unless the reasons for the development clearly outweigh the value of the site itself and the national policy to safeguard the nature conservation value of the national network of such sites. The Council will consult Countryside Council for Wales (CCW) concerning development proposals both within or in the vicinity of SSSIs, or within any consultation area which has been identified by CCW. Where development is permitted the Council will consider the use of conditions or planning obligations to ensure the protection and enhancement of the site's nature conservation interest.
6.39 Protecting sites from inappropriate development or land-use change is one key component of conservation, but this is not adequate in itself; management schemes which will enhance and improve the habitat or feature are also essential. In this context, the Council has prepared a Biodiversity Action Plan and will prepare (in consultation with the appropriate bodies) a Nature Conservation Strategy which will set out in more detail how these important sites of nature conservation value will be protected and, where appropriate, enhanced.
   
Regional / Local Nature Conservation Designations
 
C11 DEVELOPMENT PROPOSALS WITHIN OR IN THE VICINITY OF LOCAL NATURE RESERVES (LNR) OR SITES OF IMPORTANCE FOR NATURE CONSERVATION (SINC) OR REGIONALLY IMPORTANT GEOLOGICAL OR GEOMORPHOLOGICAL SITES (RIGS) WHICH WOULD HAVE A HARMFUL IMPACT ON THE PROTECTED FEATURES OF SUCH SITES WILL ONLY BE PERMITTED WHERE THE NEED FOR THE DEVELOPMENT CLEARLY OUTWEIGHS THE NEED TO SAFEGUARD THE SITE
(Objective 2)
 
6.40 In the County Borough there are 3 Local Nature Reserves (LNRs) and 186 Sites of Importance for Nature Conservation (SINCs). These are listed in Appendix 7 and are identified on the Proposals Map.
6.41 LNRs and SINCs identify areas which are of local nature conservation interest and, in some cases, national significance. They include a wide variety of habitats ranging from ancient semi-natural woodlands, wetlands, unimproved species rich grassland, to rock outcrops. This policy seeks to ensure that local natural heritage remains as large and as diverse as possible.
6.42 Where development is permitted, it may be necessary to use planning conditions and / or obligations to safeguard the nature conservation value of the site, or provide appropriate compensatory measures by enhancement of existing habitats and the creation of new ones, either elsewhere or on the site. Regional and local designations do not carry the same weight as sites designated as being of national importance which include SSSIs. Therefore, any test of need required would not in practice be as exacting for SINCs or RIGs as they are for SSSIs. It is however important to recognise that ongoing survey work could reveal both changes to existing sites, or other potentially important sites over the plan period. The Council will establish a separate public consultation procedure for the designation / deletion / amendment of SINCs over the plan period. This Policy applies to all SINCs identified on the proposals map and also to any sites designated via the appropriate procedure over the plan period.
   
LANDSCAPE PROTECTION POLICIES
Special Landscape Areas
 
C12 SPECIAL LANDSCAPE AREAS ARE DEFINED AT THE FOLLOWING LOCATIONS:
    1 NORTH OF THE HEADS OF THE VALLEYS ROAD
    2 EAST RHYMNEY
    3 NORTH EAST OF NEW TREDEGAR
    4 CEFN Y BRITHDIR
    5 GELLIGAER COMMON
    6 VALLEY SIDES AND UPLAND PLATEAU AROUND MYNYDD PENYFAN AND GRUGWYN
    7 UPLANDS NORTH OF MARKHAM
    8 MYNYDD EGLWYSILIAN
    9 MYNYDD MAEN
    10 MYNYDDISLWN
    11 LOWER SIRHOWY VALLEY
    12 MYNYDD DIMLAITH
    13 MYNYDD MACHEN
    14 NORTH OF TRETHOMAS AND MACHEN
    15 MYNYDD MEIO
    16 SOUTH OF RUDRY AND MACHEN
    17 CAERPHILLY MOUNTAIN
    WITHIN THESE AREAS DEVELOPMENT WILL ONLY BE PERMITTED WHERE IT CAN BE DEMONSTRATED THAT THERE WILL BE NO HARMFUL IMPACT ON:
    A FEATURES OF LANDSCAPE INTEREST OR NATURE CONSERVATION IMPORTANCE; AND
    B THE LANDSCAPE SETTING OF NEARBY SETTLEMENTS
(Objectives 1 and 4)
 
6.43 Special Landscape Areas are designated to protect those areas which are considered to be important to the overall landscape of County Borough, in terms of their intrinsic value and by virtue of the contribution the landscape makes in terms of the visual setting of towns and villages and the historic environment.
6.44 These landscapes were identified in earlier studies v and include: the upland moorland of Pen March and the open commons of Gelligaer and Mynydd Maen; the dramatic steep sided valley slopes of the Ebbw, Sirhowy and Rhymney rivers; the traditional patchwork of agricultural fields of the Mynyddislwyn plateau; and the mixed agricultural and woodland landscapes of the Machen and Rudry areas. Additional areas of Special Landscape Area have been allocated in the south of the County Borough following a further assessment based on the criteria used in the Rhymney Valley Landscape Strategy. The boundary of the SLAs are shown on the Proposals Map, and the site-specific detail can be referred to in Topic Paper 5.
6.45 It is unlikely that significant development will be approved in the SLAs, but it is not intended to preclude development consistent with other policies of the Plan provided it is sited and designed to harmonise with its landscape setting. However, where development would harm the historic or rural setting of the County Borough it will not be permitted. In this context where a development is proposed within an SLA, applicants may be required to demonstrate the effect of the proposal on the wider landscape setting, in particular on significant views, in relation to the rural backdrop of an area, and on the skyline.
6.46 Mineral extraction, though not necessarily inconsistent with the reasons for designating an SLA, could potentially have a serious adverse effect on it. Therefore, when assessing proposals for mineral workings against the criteria of Policies DC1 and M5, the impact on the SLA will be a material and important consideration. Where a proposed mineral development would have a significant adverse effect on the purpose of the SLA, the SLA designation will take precedence unless it can be shown that extraction of the mineral at that location is of other than local importance.
(See Chapter 9 'Minerals' paragraph 9.17)
6.47 In order to ensure the protection and, where appropriate, the enhancement of the landscape within SLAs, encouragement will be given to countryside management initiatives such as woodland management, common land management and farm conservation schemes. These initiatives will only be possible with the co-operation and support of the landowners, and the public, private and voluntary sectors.
(See Countryside Strategy)
6.48 Part of the County Borough which is designated as SLA lies adjacent to the Brecon Beacons National Park. The Brecon Beacons National Park Executive is responsible for planning within the National Park. Consequently the Council will, in accordance with Welsh Office Circular 13/99, need to take account of the provisions in National Park aims when considering proposals within this SLA.
   
Trees, Woodlands and Hedgerows
 
C13 DEVELOPMENT WHICH INVOLVES THE LOSS OF TREES, WOODLANDS AND HEDGEROWS WHICH ARE OF SIGNIFICANT AMENITY AND/OR NATURE CONSERVATION VALUE WILL ONLY BE PERMITTED WHERE THE NEED FOR THE DEVELOPMENT OUTWEIGHS THE IMPORTANCE OF THE FEATURE OR WHERE ACCEPTABLE MITIGATING MEASURES, WITHIN THE CONTROL OF THE DEVELOPER, CAN BE PROVIDED
(Objectives 1 and 2)
 
6.49 Trees, woodland and hedgerows make a particularly beneficial contribution to both the natural and built environment. They enhance townscapes by providing a pleasant, natural contrast to the built environment and screen unsightly structures and activities. In the open countryside they form an important element of wider landscape views. In both urban and rural locations they provide an important habitat for wildlife. It is therefore important that development, which unacceptably affects the tree cover of the County Borough, is resisted.
6.50 Developments and land use changes should, wherever possible, not adversely affect, directly or indirectly, the integrity or continuity of hedgerows, linear tree belts or woodland. Developments should where appropriate provide mitigating features which would reinstate the integrity or continuity of these features. Appropriate management of these features will be encouraged generally and particularly by the imposition of conditions on planning permissions, the use of planning obligations and by entering management agreements with landowners and developers.
6.51 Acceptable mitigating measures will include replacement planting of a scale and nature sufficient to enable the development to be accommodated without causing environmental damage; any other potential landscaping or landform remodelling should also be specified. The means, for example planning conditions or obligations, by which those measures will be secured should also be evident.
6.52 There is a wide-ranging coverage of Tree Preservation Orders throughout the County Borough which protect individual specimens and woodland areas from being damaged or felled. The Council will continue to make Tree Preservation Orders under the Town and Country Planning Act where appropriate to protect trees which are under threat and where the amenity value is high. Hedgerow Protection Orders will also be placed on hedgerows of importance to ensure their retention.
6.53 The Council will encourage management schemes for woodland areas, particularly ancient semi-natural woodlands, which would enhance and preserve the landscape value of the area, this will be undertaken through partnerships between the public and private sectors; e.g. landowners, the Forestry Commission, the Countryside Council for Wales and Coed Cymru.
6.54 The Council will prepare a Woodland Strategy which will identify areas where it will support proposals for areas of large scale planting and the type of species preferred, and encourage the proper management of existing trees and woodlands in Caerphilly County Borough in both public and private ownership. The Woodland Strategy will also seek to encourage access to woodland developments for recreational and educational purposes.
6.55 Planting of trees and shrubs as part of the landscaping of development schemes can make a significant contribution to the appearance of the scheme and to the wider landscape. Structural planting in major development projects and in highly visible locations can have a significant impact over a wide area. Appropriate conditions will therefore continue to be attached to planning permissions.
   
ANTI-COALESCENCE POLICY
Green Wedges
 
C14 GREEN WEDGES HAVE BEEN DESIGNATED IN ORDER TO PREVENT COALESCENCE BETWEEN AND WITHIN SETTLEMENTS AT THE FOLLOWING LOCATIONS:
    1 BUTE TOWN, LLECHRYD AND RHYMNEY
    2 RHYMNEY, PONTLOTTYN AND ABERTYSSWG
    3 FOCHRIW AND PONTLOTTYN
    4 ALONG THE NANT BARGOED RHYMNI, DERI
    5 BETWEEN BRITHDIR AND TIRPHIL
    6 ARGOED AND MARKHAM
    7 WEST OF NELSON
    8 BARGOED, ABERBARGOED AND PENGAM
    9 BLACKWOOD AND ARGOED
    10 SHOWFIELDS AND GOLF COURSE, BLACKWOOD
    11 SOUTH WEST OF OAKDALE
    12 SOUTH EAST OF OAKDALE
    13 CROESPENMAEN AND TREOWEN
    14 WAUN RHYDD, GELLIGAER
    15 GELLIGAER, PENYBRYN AND PENPEDAIRHEOL
    16 PENPEDAIRHEOL, TIR Y BERTH, PENALLTA AND CEFN HENGOED
    17 SOUTH WEST OF BLACKWOOD
    18 NORTH EAST OF MAESYCWMMER
    19 NEWBRIDGE AND ABERCARN
    20 MAESYCWMMER AND YSTRAD MYNACH
    21 ABERCARN AND CWMCARN
    22 CWMCARN AND PONTYWAUN
    23 CWMFELINFACH AND YNYSDDU
    24 LLANBRADACH AND YSTRAD MYNACH
    25 NEWTOWN, CROSSKEYS AND WATTSVILLE
    26 BRYNAWEL AND CWMFELINFACH
    27 RISCA AND ROGERSTONE
    28 LLANBRADACH AND PWLL Y PANT
    29 BEDWAS AND CAERPHILLY
    30 ABERTRIDWR AND CAERPHILLY
    31 NORTH OF GRAIG Y RHACCA
    32 MACHEN, GRAIG Y RHACCA AND WATERLOO
    WITHIN THESE AREAS DEVELOPMENT WHICH PREJUDICES THE OPEN NATURE OF THE LAND WILL NOT BE PERMITTED
(Objective 3)
 
6.56 The Council considers that there is a need to define and maintain open spaces within urban areas and gaps of open countryside between settlements within which further urban development will not be permitted. Green Wedges help prevent the coalescence of urban areas and maintain the integrity of communities and neighbourhoods.
(See Part 1 paragraphs 3.3 - 3.5)
6.57 Within these Green Wedges, it is intended that an open nature should be maintained by permitting only agricultural, forestry, recreational or other uses which involve no substantial new building. Development which is permitted will be of a small scale and will be required to be of a high quality, and should ensure that the open nature of the Green Wedge is not eroded or destroyed.
(See Countryside Strategy)
6.58 Within Green Wedges, the Council will encourage measures which will sustain and improve their contribution to the environment of the urban fringe. Where features such as riverbanks and hedges form wildlife corridors, they will be retained. Where there are opportunities to do so, the Council will encourage the creation of new features and habitats to sustain a diversity of wildlife.
6.59 Mineral working is not necessarily incompatible with this policy, but any proposals for such development will be required to conform to the Minerals Policies of the Plan.
 
 

i Planning Policy Wales, March 2002, Paragraphs 5.3.1-5.3.12, Supplemented by Technical Advice Note (Wales) 5 - 'Nature Conservation and Planning'; and Technical Advice Note (Wales) 6 - 'Development Involving Agricultural Land'
ii 92/43/EEC Habitats Directive - Conservation of Natural Habitats and of Wild Fauna and Flora
iii Planning Policy Wales, March 2002, Paragraph 2.6.6
iv This guidance was prepared, and endorsed by the South East Wales Unitary Development Plans Liaison Group comprising the 11 local planning authorities in the region. The contents of Draft Strategic Planning Guidance - South East Wales were approved by Planning (Policy) Committee on 30 March 1999
v Rhymney Valley Landscape Strategy and Countryside Council for Wales Phase 1 Habitat Stud
 
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