Back to Contents - Back to Introduction     5.0 ENVIRONMENT   Introduction 5.1 This chapter sets out land use policies designed to protect and enhance the natural and built environment. Careful use of our natural resources is a key component of promoting sustainable development and achieving a high quality urban environment is crucial to the successful regeneration of the borough. 5.2 Many of the policies in this chapter are carried over from the previous local plan but in some cases have been altered to reflect more up-to-date guidance from the government and other agencies.     Protection of the countryside Green Belt 5.3 The purpose of Green Belts is to contain urban development and prevent the coalescence of settlements, thereby helping to sustain urban communities. The underlying principles for this policy are set out in PPG2 (Green Belts). General Strategy Policy 6 of the Derby and Derbyshire Joint Structure Plan (JSP) defines the general location of the Green Belt in North-East Derbyshire and policy 7 sets out the limited types of development that will be allowed in Green Belts. 5.4 The JSP indicates that there should be no need to alter the general extent of the Green Belt to accommodate future development needs up to 2011. 5.5 In the light of the above and the sequential approach to the selection of land for development, it is not proposed to delete any areas of land from the Green Belt, except where minor adjustments are necessary to reflect current anomalies e.g. garden extensions. 5.6 The policies in the 1996 adopted local plan were effective in preventing inappropriate development in the Green Belt. However, proposals for the replacement of dwellings, conversions to increase the number of dwellings, extensions and alterations to dwellings and changes of use to residential were not permitted by the 1996 adopted policy. This is inconsistent with PPG2 and the policies of neighbouring districts and the policy has been amended accordingly in this plan. So long as the openness of the Green Belt remains unaffected, such proposals can help to ensure that buildings remain in use and can also help to diversify the rural economy. Extensions, alterations and replacements should also not adversely affect the overall character of the Green Belt.   EVR1 GREEN BELT WITHIN THE GREEN BELT PLANNING PERMISSION WILL NOT BE GRANTED FOR NEW DEVELOPMENT OF AN URBAN CHARACTER SUCH AS HOUSING, INDUSTRY, COMMERCE, OFFICE DEVELOPMENT AND RETAILING. PROPOSALS FOR LAND USES WHICH PRESERVE THE OPENNESS OF THE GREEN BELT AND THE PURPOSES OF INCLUDING LAND IN IT, AS WELL AS PROPOSALS FOR NEW BUILDINGS RELATED TO AGRICULTURE, FORESTRY, ESSENTIAL FACILITIES FOR OUTDOOR SPORT AND RECREATION, CEMETERIES AND OTHER APPROPRIATE USES IN THE GREEN BELT, WILL BE PERMITTED PROVIDED THAT: (a) THE PROPOSAL WOULD NOT DETRACT FROM AN AREA WHERE THE OPEN CHARACTER OF THE GREEN BELT IS PARTICULARLY VULNERABLE BECAUSE OF ITS PROMINENCE OR NARROWNESS; AND (b) THE SCALE, SITING, DESIGN, MATERIALS AND LANDSCAPE TREATMENT ARE SUCH THAT THE VISUAL EFFECT OF THE PROPOSAL IS MINIMISED AND BUILDINGS ARE IN KEEPING WITH THEIR SURROUNDINGS AND REFLECT LOCAL CHARACTER. PLANNING PERMISSION WILL BE GRANTED FOR THE CONVERSION OR CHANGE OF USE OF EXISTING BUILDINGS IN THE GREEN BELT PROVIDED THAT CRITERIA (a) AND (b) ABOVE ARE MET AND THAT: (c) THE PROPOSED USE DOES NOT HAVE A SIGNIFICANTLY GREATER IMPACT ON THE GREEN BELT AND THE PURPOSES OF INCLUDING LAND WITHIN IT THAN THE EXISTING USE; AND (d) ANY EXTENSION OR ASSOCIATED USE OF LAND SURROUNDING THE BUILDING WOULD NOT CONFLICT WITH THE OPENNESS OF THE GREEN BELT AND THE PURPOSES OF INCLUDING LAND WITHIN IT. PLANNING PERMISSION WILL BE GRANTED FOR EXTENSIONS AND ALTERATIONS TO DWELLINGS IN THE GREEN BELT PROVIDED THAT THEY; (e) ARE PROPORTIONATE TO THE SIZE AND IN KEEPING WITH THE SCALE AND CHARACTER OF THE EXISTING DWELLING; (f) ARE CONSTRUCTED OF APPROPRIATE BUILDING MATERIALS; AND (g) DO NOT HAVE AN ADVERSE IMPACT ON THE SETTING OF THE DWELLING OR THE GREEN BELT. PLANNING PERMISSION WILL BE GRANTED FOR THE REDEVELOPMENT OF EXISTING DWELLINGS IN THE GREEN BELT PROVIDED THAT: (h) THE PROPOSED DWELLING DOES NOT HAVE A GREATER IMPACT ON THE OPENNESS OF THE GREEN BELT AND THE PURPOSES OF INCLUDING LAND WITHIN IT THAN THE EXISTING DWELLING AND DOES NOT OCCUPY A MATERIALLY LARGER AREA OF THE SITE THAN THE EXISTING BUILDINGS.   top Open countryside and other open land outside the Green Belt 5.7 There are many areas of open countryside and other open land between communities outside the Green Belt. The open character of these green wedges has been retained through longstanding planning policies of the borough council to resist inappropriate development. They provide a high quality natural environment close to residential communities, thereby enhancing the quality of life in the borough. They define the separate communities of the borough and in some cases penetrate the urban area along river corridors. 5.8 Apart from agricultural land, this network of green spaces contains woodlands, lakes, rivers, the Chesterfield Canal, natural history sites, historic parks and gardens, greenways, country parks, allotments and other public open space. Some of these sites are open land within the built-up area. The local plan will continue to ensure that this network of open land is retained, thereby providing opportunities for enhancing environmental quality and biodiversity interest as well as enabling further greenways to be established by linking up open spaces, woodlands, water areas and the countryside beyond the borough's boundary. 5.9 None of these areas is required for development in the plan period except for the land now allocated for development within Markham Vale (see chapter 4). Land has been allocated for urban development in accordance with national and regional policy guidance and General Development Strategy Policy 3 of the JSP which includes references to respecting patterns of open land within and between settlements and avoiding prominent intrusion into the countryside. 5.10 In view of the vulnerability of these green wedges, it is important that any development should not detract from their open character or compromise their potential as wildlife habitats. Examples of the types of development, which could be acceptable, are those relating to agriculture and forestry, outdoor sports and recreation, tourism and other types of farm or rural diversification. The conversion or change of use of existing buildings (including to residential use) can help to diversify elements of the existing rural economy will normally be acceptable provided that the open character of the area is not compromised and provided that it does not lead to a large number of extra car trips made by employees or other visitors. The redevelopment of existing buildings will be acceptable for the types of uses appropriate in the open countryside. The replacement of existing dwellings with new dwellings will also be acceptable. However, the redevelopment of existing non-residential buildings to residential use would not be acceptable. Minerals and waste development may need to take place in the open countryside. However, as the responsibility for determining such applications rests with the county council, the relevant policy framework is contained in the Minerals and Waste Local Plans and LDFs. The county council will consult the council on any relevant applications in the borough.   EVR2 DEVELOPMENT IN THE OPEN COUNTRYSIDE AND OTHER OPEN LAND WITHIN THE AREAS OF OPEN COUNTRYSIDE AND OTHER OPEN LAND PLANNING PERMISSION WILL ONLY BE GRANTED FOR NEW DEVELOPMENT WHICH IS NECESSARY FOR THE NEEDS OF AGRICULTURE AND FORESTRY OR IS RELATED TO RECREATION, TOURISM OR OTHER TYPES OF FARM OR RURAL DIVERSIFICATION PROVIDED THAT: (a) THE LOCATION OF THE DEVELOPMENT OUTSIDE THE SETTLEMENT FRAMEWORK IS SUSTAINABLE; (b) THE PROPOSAL WOULD NOT DETRACT FROM AN AREA WHERE THE OPEN CHARACTER OF THE COUNTRYSIDE IS PARTICULARLY VULNERABLE BECAUSE OF ITS PROMINENCE OR NARROWNESS (INCLUDING THE QUALITY OF THE LANDSCAPE AND ANY NATURE CONSERVATION INTEREST); AND (c) THE SCALE, SITING, DESIGN, MATERIALS AND LANDSCAPE TREATMENT ARE SUCH THAT THE VISUAL EFFECT OF THE PROPOSAL IS MINIMISED AND BUILDINGS ARE IN KEEPING WITH THEIR SURROUNDINGS AND REFLECT LOCAL CHARACTER; AND (d) THE PROPOSAL WOULD NOT LEAD TO UNDUE DISTURBANCE BY THE CREATION OF EXCESSIVE NOISE OR TRAFFIC OR THE ATTRACTION OF LARGE NUMBERS OF PEOPLE. (e) THE PROPOSED DEVELOPMENT INCLUDING ANY ACTIVITIES OUTSIDE THE BUILDING WOULD AVOID UNNECESSARY URBANISATION AND SPRAWL AND NOT MATERIALLY HARM THE RURAL LANDSCAPE PLANNING PERMISSION WILL BE GRANTED FOR THE CONVERSION OR CHANGE OF USE OF EXISTING BUILDINGS IN AREAS OF OPEN COUNTRYSIDE PROVIDED THAT CRITERIA (a) TO (e) ABOVE ARE MET AND THAT THE BUILDING IS SUITABLE FOR THE INTENDED USE WITHOUT THE NEED FOR SIGNIFICANT EXTENSION OR MAJOR RECONSTRUCTION. PROPOSALS FOR CONVERSION OR CHANGE OF USE OF RURAL BUILDINGS FOR HOUSING PURPOSES WILL ONLY BE ACCEPTABLE IF EVIDENCE IS SUBMITTED TO SHOW THAT EFFORTS HAVE BEEN MADE TO SECURE RE-USE WHICH FURTHERS EMPLOYMENT OR IF EMPLOYMENT USE WOULD BE INAPPROPRIATE IN THAT LOCATION OR THAT BUILDING. PLANNING PERMISSION WILL BE GRANTED FOR THE REDEVELOPMENT OF EXISTING BUILDINGS IN AREAS OF OPEN COUNTRYSIDE ONLY FOR USES WHICH ARE NECESSARY FOR THE NEEDS OF AGRICULTURE AND FORESTRY OR ARE RELATED TO RECREATION, TOURISM OR OTHER TYPES OF FARM OR RURAL DIVERSIFICATION PROVIDED THAT CRITERIA (a) TO (e) ABOVE ARE MET AND THAT: (f) THE PROPOSED BUILDING DOES NOT HAVE A GREATER IMPACT ON THE OPEN CHARACTER OF THE COUNTRYSIDE AND THE PURPOSE OF INCLUDING LAND WITHIN IT THAN THE EXISTING BUILDINGS AND DOES NOT OCCUPY A MATERIALLY LARGER AREA OF THE SITE THAN THE EXISTING BUILDINGS. PLANNING PERMISSION WILL BE GRANTED FOR THE REPLACEMENT OF EXISTING DWELLINGS WITH NEW DWELLINGS PROVIDED THAT CRITERIA (c) AND (f) ABOVE ARE MET.   top Safeguarding and enhancing the natural environment 5.11 The open land protected by policies EVR1 and EVR2 offers the local communities considerable opportunities to enjoy the recreational benefits of living close to attractive landscapes, woodlands, rivers, lakes, canal and natural history sites. These areas also afford protection to wildlife, improve public health and offer opportunities for environmental education. The beauty and amenity which these areas provide needs to be conserved and managed. 5.12 The borough council is a partner in the Three Valleys Project, which works to promote greater understanding and conservation of the countryside and to improve access to it, through the development of sustainable tourism initiatives. The Chesterfield Canal Greenway, the Linacre valley project and the Chesterfield Walking for Health project are all recent examples of such projects. 5.13 Derbyshire Wildlife Trust, in consultation with the borough council, has also prepared a "Greenprint for Chesterfield", which translates national and county Biodiversity Action Plans to a borough level. It identifies priority habitats and species and sets detailed targets and action plans for achieving them. 5.14 The River Rother Wildlife Strategy and the Poolsbrook and Doe Lea Strategy also identify and guide opportunities for the enhancement of these river valleys as a strategic wildlife corridors.     Landscape character 5.15 It is important that the local distinctiveness, character and diversity of the landscape is conserved and, where necessary, enhanced. Landscape character types have been identified and described in the Landscape Character of Derbyshire document, published by Derbyshire County Council in December 2003, in accordance with government advice in PPS7. This work builds upon the national landscape characterisation work undertaken by the Countryside Commission (now the Countryside Agency) and English Nature throughout the 1990's, culminating in the publication of the "Character of England" map in 1996. These descriptions will help ensure that new development is sensitive to both landscape and biodiversity interests. 5.16 Development which is considered to be appropriate in the countryside will be required to be designed in a manner which accords with the character of the particular type of landscape where it is located. Proposals for development will also be encouraged to respect those features which make the landscape distinctive and protect them during construction work. The loss of locally distinctive features such as dry stone walls, hedges, trees will be resisted. Particular care needs to be taken when considering proposals which affect the character of landscape features on the periphery of settlements and prominent ridge lines. 5.17 The boundaries of the five landscape character types in the borough are shown in Appendix A. The landscape character types are Wooded Hills and Valleys, Wooded Farmlands, Coalfield Village Farmlands, Estate Farmlands and Riverside Meadows. 5.18 The borough council will seek to promote landscape conservation and restoration schemes through the Three Valleys Project and in accordance with the Parks and Open Spaces Strategy. 5.19 There were two areas of local landscape significance in the 1996 local plan. In line with advice in PPS7 it was considered that a new policy designed to protect the character of all landscapes and control the design of development in the countryside would be more appropriate, so these local designations have not been incorporated in this plan.   EVR3 LANDSCAPE CHARACTER PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT IN THE COUNTRYSIDE PROVIDED THAT IT IS DESIGNED IN A MANNER WHICH CONSERVES, PROTECTS, ENHANCES OR RESTORES THE LOCAL DISTINCTIVENESS AND CHARACTER OF THE LANDSCAPE TYPE WITHIN WHICH IT IS LOCATED. THE DESIGN OF DEVELOPMENT SHALL HAVE REGARD TO AND CONSERVE THE RELEVANT CHARACTERISTICS OF THE LANDSCAPE CHARACTER TYPE WITHIN WHICH IT IS LOCATED, AS FOLLOWS: (a) LANDFORM AND NATURAL PATTERNS OF DRAINAGE, AND; (b) PATTERN AND COMPOSITION OF TREES AND WOODLAND, AND; (c) PATTERN AND COMPOSITION OF FIELD BOUNDARIES, AND; (d) TYPE AND DISTRIBUTION OF WILDLIFE HABITATS, AND; (e) PATTERN AND DISTRIBUTION OF BUILDINGS AND ROADS, AND; (f) PRESENCE AND PATTERN OF HISTORIC LANDSCAPE FEATURES, AND; (g) TYPICAL SCALE, LAYOUT, DESIGN AND DETAILING OF VERNACULAR BUILDINGS, THEIR ENCLOSURES AND OTHER LOCAL AND TRADITIONAL MAN-MADE FEATURES OF SIGNIFICANCE. EXISTING VIABLE FEATURES WHICH ARE IMPORTANT TO THE LOCAL LANDSCAPE CHARACTER SHALL BE RETAINED AND PROTECTED DURING CONSTRUCTION WORK. IN ORDER TO SECURE SUCH PROVISION THE LOCAL PLANNING AUTHORITY WILL IMPOSE PLANNING CONDITIONS AND/OR SEEK TO ENTER INTO PLANNING OBLIGATIONS UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990.   top Nature conservation 5.20 The policies of this local plan for nature conservation are intended to protect and enhance particular sites, but also to recognise the importance of all habitats and species throughout the borough and their contribution to biodiversity. 5.21 Nature conservation designations include both statutory and non-statutory sites. The borough of Chesterfield does not contain any statutory nature conservation designations of international or national importance e.g. Sites of Special Scientific Interest. Sites of regional/ local importance include statutorily designated sites like Local Nature Reserves(e.g. Brearley Park Meadows, New Whittington) and non-statutory sites. The non-statutory sites are collectively termed Sites of Importance for Nature Conservation (SINCs). The term encompasses both ecological sites known in Derbyshire as Wildlife Sites and geological sites known as Regionally Important Geological sites. There are currently 26 Wildlife Sites in the borough. As mentioned above, one of these which was recently designated at Brearley Park Meadows, New Whittington, is also a Local Nature Reserve. The borough does not contain any sites which have been identified as being of sufficient geological importance to be considered a SINC. 5.22 Following further survey work by the Derbyshire Wildlife Trust amendments have been made to the boundaries of some existing sites and one site at Ironworks Canalside has been deleted from the list. These designated sites are important to Chesterfield's natural environmental heritage and are good examples of their habitat types. They need to be protected from inappropriate development because they represent the most important wildlife habitats in the borough. This is also in accordance with the Habitat Regulations 1994, which seek to protect features of the landscape, such as rivers and small woods, that are of major importance for wildlife. 5.23 The sites within the borough protected by policy EVR4 are shown on the Proposals Map and are listed as follows:     Table 4 Sites of Importance for Nature Conservation (SINCs)   Map Key No. Site Name Site No. 1 Ashgate Plantation CH053 2 Birdholme Nature Reserve CH002 3 Blue Bank Pools and Wood CH026 4 Breck Farm Water Meadows CH041 5 Brierley and Roughpiece Woods CH046 6 Brimington Field CH006 7 Brockwell Reservoir CH045 8 Doe Lea Flash CH012 9 Grasscroft Wood CH004 10 Hopewell Wood CH014 11 Hundall Heap CH049 12 Ireland Wildlife Area CH010 13 Brearley Park Meadows CH061 14 Kings Wood disused railway CH043 15 Netherthorpe Flash CH052 16 Newbold Spoil Heaps CH058 17 Piccadilly Cottages Scrub CH037 18 Pinnock (Norbriggs) Flash CH051 19 Poolsbrook Flash CH011 20 Ringwood Lake CH008 21 Spital Scrub CH030 22 Staveley Sewage Works CH040 23 Tapton Fish Pond CH031 24 Three Nook Plantation CH054 25 West Wood and Parkers Wood CH007 26 Whittington Hospital Grounds CH005     5.24 Where proposals for development would be likely to disturb any of these sites, applicants will be required to submit a detailed study of the ecological and/or geological interest of the site and a statement of the potential direct and indirect environmental impact of the proposed development on or adjacent to these sites, indicating any mitigating measures to be taken. 5.25 The list of sites to which policies EVR4 and EVR5 apply may not be exhaustive. Other sites may be designated in the future, and when this occurs such sites will be afforded the same protection as existing sites.   EVR4 PROTECTION OF WILDLIFE SITES (1) DEVELOPMENT WILL ONLY BE PERMITTED WHERE IT DOES NOT ADVERSELY AFFECT, EITHER DIRECTLY OR INDIRECTLY, THE INTERESTS AND FEATURES OF IMPORTANCE OF THE WILDLIFE SITES SHOWN ON THE PROPOSALS MAP AND LISTED IN TABLE 4, OR ANY SUCH SITES DESIGNATED IN THE FUTURE.   top 5.26 Exceptionally, where other objectives or needs outweigh policy EVR4, it may be necessary to require compensatory measures either on the site or elsewhere through the use of planning conditions or agreements, including the maintenance of features through management regimes.   EVR5 PROTECTION OF WILDLIFE SITES (2) WHERE PLANNING PERMISSION IS GRANTED FOR DEVELOPMENT AFFECTING WILDLIFE SITES SHOWN ON THE PROPOSALS MAP AND LISTED IN TABLE 4, OR SUCH SITES DESIGNATED IN THE FUTURE, THE BOROUGH COUNCIL WILL IMPOSE CONDITIONS ON PLANNING PERMISSIONS AND/OR SEEK TO ENTER INTO LEGAL AGREEMENTS TO PRESERVE OR ENHANCE THE ESSENTIAL QUALITY OF THE SITE AND WHERE POSSIBLE MINIMISE THE IMPACT OF THE DEVELOPMENT AND ENSURE THAT MEASURES ARE TAKEN TO CREATE AND ENHANCE HABITATS AND GEOLOGICAL FEATURES.   top 5.27 The wildlife resources of the borough are not limited to formally designated wildlife sites but occur in a network of dispersed areas which are often inter-linked. It is therefore necessary to consider habitats as a wider issue not solely related to individual protected areas. Chesterfield's overall biodiversity is reflected in the "Lowland Derbyshire" Local Biodiversity Action Plan and in the Greenprint for Chesterfield. It is important that habitats, including those of legally protected species, are adequately protected as they may be vulnerable to destruction or disturbance from development proposals. Developers will be expected to have full regard to the relevant legislation and provide an analysis of the effects of their proposals on the natural history value of the site together with appropriate mitigation measures. Relevant legislation includes the following: (1) Wildlife and Countryside Act 1981, (2) Badgers Act 1992, (3) EC Habitats and Species Directive 92/43 EEC, and (4) Habitats Regulations, 1994. Developers will also be expected to provide an analysis of the effects of their proposals on the natural history value of the site together with appropriate mitigation measures. The borough council will seek to maintain and enhance biodiversity within the borough by securing the creation, enhancement and/or management of habitats in or adjacent to new development. 5.28 Wildlife habitats are part of the urban area and where previously developed land is proposed for development the nature conservation value of the site needs to be investigated and any loss of habitat will need to be compensated through provision elsewhere. 5.29 Where compensatory measures are required, the borough council will seek to negotiate the creation of new habitats of equivalent size and quality, either on the development site or at some suitable alternative location. These measures will include a provision for appropriate management and monitoring of the habitat for a suitable period after development takes place.   EVR6 PROTECTION OF HABITATS WHERE PLANNING PERMISSION IS GRANTED FOR DEVELOPMENT, OPPORTUNITIES WILL BE TAKEN TO SECURE NEW FEATURES OF LOCAL IMPORTANCE FOR BIODIVERSITY, NEW HABITATS AND GEOLOGICAL EXPOSURES. WHERE DEVELOPMENT IS LIKELY TO HAVE AN ADVERSE IMPACT UPON EXISTING HABITATS OR FEATURES OF LOCAL IMPORTANCE FOR BIODIVERSITY, MEASURES WILL BE REQUIRED BY CONDITION OR SOUGHT THROUGH LEGAL AGREEMENT TO MITIGATE THE LOSS BY FACILITATING THE SURVIVAL OF SPECIES WHICH INHABIT OR USE THE SITE, INCLUDING THE CREATION OF REPLACEMENT OR ALTERNATIVE HABITATS WHERE APPROPRIATE.   top 5.30 The Wildlife and Countryside Act 1981 gives statutory protection to many animals and plant species irrespective of whether planning permission has been granted. Certain species are also protected by the Habitats Regulations 1994, whereby it is an offence to deliberately capture, kill or disturb these species or damage or destroy their breeding site or resting place. Development affecting these protected species also requires a licence from the Department of the Environment, Food and Rural Affairs (DEFRA) whether or not planning permission has been granted. 5.31 There are some species which have no, or limited, protection yet are known to be nationally rare. Such species are identified nationally through a series of "Red Data Books". If they are to be disturbed by development it may be necessary to put mitigation measures in place in which case the borough council will liaise with appropriate bodies at the appropriate time and seek to negotiate a section 106 agreement to secure the provision of any necessary measures.   EVR7 PROTECTION OF SPECIES PLANNING PERMISSION FOR DEVELOPMENT LIKELY TO HAVE A DIRECT ADVERSE IMPACT UPON SPECIES PROTECTED BY LAW OR NATIONALLY RARE SPECIES WILL ONLY BE GRANTED IF IT CAN BE DEMONSTRATED THAT THERE IS AN OVERRIDING NEED FOR THE DEVELOPMENT, OR MITIGATION MEASURES CAN BE PUT IN PLACE THAT ALLOW THE CONSERVATION STATUS OF THE SPECIES TO BE MAINTAINED OR ENHANCED ON SITE. PLANNING PERMISSION WILL ONLY BE GRANTED FOR PROPOSALS THAT ADVERSELY AFFECT EUROPEAN PROTECTED SPECIES WHERE THE DEVELOPMENT IS NECESSARY TO PRESERVE PUBLIC HEALTH OR SAFETY OR FOR OTHER IMPERATIVE REASONS OF OVERRIDING PUBLIC INTEREST AND THERE IS NO SATISFACTORY ALTERNATIVE TO THE PROPOSED DEVELOPMENT. WHERE PERMISSION IS GRANTED FOR DEVELOPMENT AND CONSERVATION OF THE PROTECTED SPECIES ON SITE IS NOT POSSIBLE, APPROPRIATE TRANSLOCATION OF THE COMMUNITY AND/OR REPLACEMENT OF THE HABITAT ELSEWHERE MAYBE REQUIRED BY CONDITION OR SOUGHT THROUGH LEGAL AGREEMENT.   top 5.32 Enhancing the natural environment is a key component of the council's vision. The borough council has been actively involved in several projects in conjunction with various partners. In addition to the local nature reserve at Brearley Park Meadows, the council has undertaken in its "Greenprint" to create two further Local Nature Reserves by 2009. It is also considering further action to improve the natural history value and biodiversity of the river corridors and canal. A strategy for the Rother Washlands has been prepared to help achieve this objective.     Trees, woodlands and hedgerows 5.33 Trees and woodland provide important wildlife habitats and can contribute significantly to visual amenity. The borough council is committed to the retention of trees and woodlands which contribute to the amenity of an area by making Tree Preservation Orders where appropriate or through the use of planning conditions. Where trees have to be felled as a result of necessary development, the borough council will require replacement trees to be planted at a rate which reflects the scale and quality of the loss. 5.34 Whilst trees and woodlands are fundamental to enhancing nature conservation and biodiversity objectives, their contribution to the economic regeneration of the borough should not be underestimated. Planting new woodlands and the protection and management of existing woodlands, copses and hedgerows are important elements in making the borough a more attractive place for inward investment. Replacement planting using locally indigenous species will be required where appropriate. Hedgerows are an especially valuable part of the network of habitats whose biodiversity value needs to be recognised. Hedgerows can be afforded special protection under the Hedgerow Regulations 1997 and can be deemed "important" provided they satisfy certain archaeological, botanical, historical, or wildlife value criteria and are at least 30 years old. Significant progress has been made through reclamation schemes and the East Derbyshire Woodland Project but there is considerable scope for further woodland planting as part of the overall strategy for enhancing the natural environment and creating opportunities for informal recreation. 5.35 The river valley and canal corridors in particular provide opportunities for further significant woodland planting schemes. These can be achieved in association with other development schemes or as part of the borough council's ongoing enhancement programme. The area alongside the canal and river from Bilby Lane to Mill Green, Staveley is a priority for enhancement and woodland planting should form an integral part of regeneration proposals for this area. These would extend the environmental improvements proposed by the Markham Vale scheme. Four specific sites are identified on the proposals map and major woodland planting (1 hectare and upwards) will be sought there and elsewhere as appropriate.   EVR8 PROTECTION OF TREES AND WOODLANDS AND HEDGEROWS PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT IN AREAS OF ANCIENT WOODLAND. PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD DAMAGE TREES, WOODLANDS, COPSES OR HEDGEROWS WHICH CONTRIBUTE TO THE AMENITY OF AN AREA OR BY VIRTUE OF THEIR AGE AND SIZE OFFER IMPORTANT HABITATS UNLESS IT CAN BE DEMONSTRATED THAT THERE IS NO REASONABLE PRACTICABLE ALTERNATIVE. WHERE IT IS ACCEPTED THAT TREES HAVE TO BE FELLED, CONDITIONS WILL BE IMPOSED TO SECURE THE REPLACEMENT OF SUCH TREES WHICH SHOULD BE WITH LOCALLY INDIGENOUS SPECIES, WHERE APPROPRIATE, AT A RATE WHICH REFLECTS THE SCALE AND QUALITY OF THE LOSS. PLANNING PERMISSION FOR DEVELOPMENT LIKELY TO HAVE AN ADVERSE IMPACT UPON AN "IMPORTANT" HEDGEROW WILL ONLY BE PERMITTED IF IT CAN BE DEMONSTRATED THAT THERE IS AN OVERRIDING NEED FOR THE DEVELOPMENT, OR MITIGATION AND/OR COMPENSATORY MEASURES CAN BE PUT IN PLACE THAT ALLOW THE HEDGEROW TO BE MAINTAINED OR ENHANCED.   top   EVR9 TREE AND WOODLAND PLANTING WHERE THE CREATION OF NEW WOODLANDS IS REQUIRED IN CONNECTION WITH DEVELOPMENT FOR REASONS OF LANDSCAPE CHARACTER, BIODIVERSITY AND/OR AMENITY THIS SHOULD INCORPORATE PUBLIC ACCESS PROVIDING THIS DOES NOT CONFLICT WITH HABITAT CREATION AND OTHER CONSERVATION CONSIDERATIONS. WHERE APPROPRIATE, IT WILL BE A REQUIREMENT THAT DEVELOPERS TO INCLUDE WOODLAND PLANTING IN SCHEMES TO REGENERATE AND ENHANCE THE ENVIRONMENT. WITHIN THE FOUR AREAS SHOWN ON THE PROPOSALS MAP IN THE VICINITY OF STAVELEY WORKS, MAJOR WOODLAND PLANTING WILL BE REQUIRED AS PART OF COMPREHENSIVE SCHEMES TO REGENERATE AND ENHANCE THE ENVIRONMENT, WITH FURTHER SCHEMES ELSEWHERE IN THE BOROUGH AS APPROPRIATE. ALL NEW WOODLAND PLANTING SCHEMES REQUIRED BY DEVELOPMENT MUST TAKE INTO ACCOUNT THE WILDLIFE VALUE OF EXISTING HABITATS AND FEATURES AND BE DESIGNED TO COMPLEMENT AND ENHANCE THESE WHERE APPROPRIATE. PLANTING MUST BE OF LOCALLY INDIGENOUS SPECIES APPROPRIATE TO THE LOCATION AND MUST REFLECT THE CHARACTER OF THE AREA.   top Flood protection 5.36 The Environment Agency (EA) is responsible for flood protection and advises local authorities about the areas which are at serious risk of flooding. The EA has defined all or parts of the rivers Rother, Drone, Doe Lea, Hipper and Whitting within the borough, together with a short length of the Riddings Brook, as main rivers. These are in the Upper Don Catchment for which the EA is preparing a Catchment Flood Management Plan for long term management of flood risk. Possible flood alleviation schemes are being considered for the Brampton area and the southern part of Chesterfield where flooding has occurred. 5.37 The revised Planning Policy Guidance Note 25, Development and Flood Risk, July 2001 (PPG25), states that the susceptibility of land to flood risk is a material planning consideration, requiring a risk-based and sequential approach to developing land i.e. using the sites least liable to flood first. This approach has been followed in the allocation of sites for development in the local plan, avoiding undeveloped areas of high flood risk and areas needed for washland creation, together with all areas of functional washland. The Environment Agency has been consulted at every stage and account has been taken of the latest flood risk maps. In addition policies in this plan will secure compliance with PPG25 as applications for planning permissions come forward. 5.38 In order to assist in the sequential approach to be taken by planning authorities, PPG25 sets out the three zones which are the sequential characterisation of risk from river, coastal or tidal flooding. Zone 1 covers areas of little or no risk of flooding, that is an annual probability of less than 0.1%. Areas within zone 2 (low to medium risk) have an annual flooding probability of 0.1 - 1.0% from a river or a 0.1 - 0.5% from tidal or coastal sources. The high risk zone 3 is land which has an annual flooding probability of greater than 1% from river sources or a risk greater than 0.5% from tidal and coastal. 5.39 Some land which is within zone 3 is identified as washlands which are areas of functional floodplain and provide essential storage of flood water. In accordance with PPG25, built development in washlands, where excess water flows or is stored in times of flood, should be wholly exceptional and limited to essential infrastructure that has to be sited in such areas. This is not only to protect the development and to safeguard against putting others at risk, but also to prevent reduction in capacity of the washlands which could affect flood risk elsewhere. Washland areas may be suitable for some recreation, sport, amenity and conservation uses. Any essential development in washlands must be of a design which minimises the damage that flooding would cause. 5.40 The flood zones are identified by the Environment Agency and are shown on their flood zone map which is to be updated every 3 months annually. The outer edges of zones 2 and 3 are shown on the proposals map of this local plan but the most up to date version of the flood zone map, as it becomes available, must be consulted upon the submission of a planning application. The flood zone map only shows the current risk of flooding. The Environment Agency assists planning authorities by keeping them updated on the latest advice and advising them on planning applications where flooding is an issue. 5.41 Allowance must be made for the potential for increased flooding due to climate change. Properties, which are not currently in danger of flooding may be so in 50 years' time. This being the case, the borough council is taking a precautionary approach and requires that all development, especially in identified risk zones, takes account of flooding in the design and construction. The Environment Agency is also intending to produce maps showing the extent and effect of flood defences and the potential impacts of climate change. As they become available, these will provide important inputs to the preparation of Catchment Flood Management Plans and flood risk assessments and will be taken into account when determining planning applications. It may be the case that upon new information being provided by the Environment Agency, development is not permitted in areas outside the currently identified flood zone 3. 5.42 Flooding can occur from a number of sources other than rivers, the sea and tides. Run-off from impermeable surfaces (such as roofs, car parks, roads) from open land which is served by land drains and from saturated, frozen or compacted soil surfaces, sewers and groundwater all contribute to flooding. They can occur in all areas, not just those identified by the Environment Agency's flood zone map referred to above. 5.43 Where essential development can acceptably manage flood risk, developers must also demonstrate that measures have been included to protect the biodiversity of the flood plain and/or watercourses. Where protection is not possible, development must put in place suitable mitigation/ compensatory measures.   EVR10 DEVELOPMENT AND FLOOD RISK APPLICATIONS FOR PLANNING PERMISSION IN ANY PART OF THE BOROUGH MUST TAKE ACCOUNT OF THE POTENTIAL FOR FLOODING DUE TO SURFACE WATER RUN-OFF AND FOR ITS POTENTIAL WORSENING THROUGH FUTURE CLIMATE CHANGE. DESIGN SOLUTIONS MAY BE REQUIRED TO ACCOMMODATE ANY POTENTIAL FLOODING. ALL DEVELOPMENT PROPOSALS MUST BE ACCOMPANIED BY A FLOOD RISK ASSESSMENT APPROPRIATE TO THE SCALE AND NATURE OF THE DEVELOPMENT. IN AREAS OF FLOOD RISK SHOWN ON THE PROPOSALS MAP OR OTHERWISE IDENTIFIED BY THE ENVIRONMENT AGENCY, APPLICATIONS FOR DEVELOPMENTS WILL BE SUBJECT TO THE FOLLOWING RESTRICTIONS AND REQUIREMENTS: IN ZONE 3 AREAS IDENTIFIED AS PROTECTED WASHLANDS - DEVELOPMENT WILL ONLY BE PERMITTED IN EXCEPTIONAL CIRCUMSTANCES FOR ESSENTIAL INFRASTRUCTURE WHICH CANNOT BE PRACTICABLY LOCATED ELSEWHERE. IN OTHER ZONE 3 AREAS AND IN ZONE 2, PLANNING PERMISSION WILL NOT BE GRANTED IF THE FLOOD RISK ASSESSMENT INDICATES THAT THE DEVELOPMENT WOULD: (a) INCREASE THE RISKS OF FLOODING ON SITE AND/OR ELSEWHERE, WHETHER UPSTREAM OR DOWNSTREAM; OR (b) BE AT RISK OF FLOODING ITSELF; OR (c) IMPEDE ACCESS TO A WATERCOURSE FOR MAINTENANCE; OR (d) NOT PROVIDE ADEQUATE FLOOD MITIGATION AND FLOOD WARNING MEASURES. IN ADDITION, THE DEVELOPMENT SHOULD NOT ADVERSELY AFFECT THE BIODIVERSITY VALUE OF THE FLOODPLAIN OR WATERCOURSES.   top Drainage and flood prevention 5.44 Most development reduces the amount of water soaking into the ground and increases the rate and amount of surface water going in to drains. Traditional drainage systems are designed to carry water off site as quickly as possible. This can lead to problems elsewhere such as flooding downstream, pollution and damage to waterside habitats. Sustainable Drainage Systems (SuDS), represent an approach which can offer a solution to many of these problems through a variety of techniques to slow down the rate of run-off and drainage flows. 5.45 SuDS can minimise the additional flood risk that new development can cause by controlling surface water as near to source as possible. The borough council will seek to ensure that new developments incorporate sustainable urban drainage systems where this is practicable. Within those areas of the borough where surface water-run off has recently led to damage to property, it could be unwise to undertake development. 5.46 The issue of surface water run-off not only arises as a result of future development but is a problem caused by existing development too. Retro-fitting SuDS is fairly straightforward and can be done during works to existing buildings. The borough council will, therefore, request that whenever planning permission is sought for works to existing properties (such as building conversions or extension), SuDS are considered and incorporated where necessary.   EVR11 SURFACE WATER DRAINAGE SUSTAINABLE DRAINAGE SYSTEMS (SuDS) MUST BE INCORPORATED INTO ALL DEVELOPMENT UNLESS IT IS NOT VIABLE TO PROVIDE AND MAINTAIN THEM. DEVELOPMENT PROPOSALS WHICH ADD TO THE RISK OF FLOODING OR OTHER ENVIRONMENTAL DAMAGE, AS A RESULT OF SURFACE WATER RUN-OFF, WILL BE PERMITTED ONLY WHERE, AS A RESULT OF AN ASSESSMENT OF WATER DRAINAGE IMPACTS BY A DEVELOPER, APPROPRIATE CONTROL MEASURES ARE IDENTIFIED AND IMPLEMENTED, IF NECESSARY THROUGH A LEGAL AGREEMENT, BEFORE THE DEVELOPMENT IS BROUGHT INTO USE. NEW DEVELOPMENT MUST NOT IMPEDE ACCESS TO FLOOD DEFENCES OR WATERCOURSES.   top Sewerage and sewage disposal 5.47 The provision of infrastructure is important in all major new developments. This includes water and sewerage systems which must all be adequate to cope with the additional flows resulting from development in order that they should not become overloaded and cause backflow or flooding elsewhere. Water companies and the Environment Agency provide details of the infrastructure capacities in local areas and must therefore be consulted. If they advise that the infrastructure in place is not adequate, the developer will be required to contribute to the costs of any necessary improvements.   EVR12 SEWERAGE AND SEWAGE DISPOSAL PLANNING PERMISSION WILL ONLY BE GRANTED FOR NEW DEVELOPMENT IF IT PROVIDES THE NECESSARY DRAINAGE AND TREATMENT INFRASTRUCTURE. WHERE IT IS IDENTIFIED THAT EXISTING INFRASTRUCTURE IS NOT ADEQUATE, DEVELOPER CONTRIBUTIONS TOWARDS THE NECESSARY IMPROVEMENTS WILL BE SECURED THROUGH CONDITIONS OR NEGOTIATED THROUGH SECTION 106 AGREEMENTS.   top River and canal environments 5.48 The rivers, canal and other water features in the borough provide valuable amenity, wildlife and leisure areas, some of which have been enhanced during the last ten years e.g. Holmebrook Valley and Poolsbrook Country Parks and the restoration of the canal as far as Staveley. Whilst providing opportunities for recreation, the council has had long standing policies to protect and enhance these features and adjacent land against development proposals which might prejudice their character, amenity and wildlife value. Of particular note is that part of the Staveley-Chesterfield regeneration route which follows the river and canal corridor. 5.49 The Chesterfield Canal is a route of "national strategic significance". The borough council is a member of the Chesterfield Canal Partnership, which aims to restore to navigation those remaining disused sections of the canal. Within the borough the section of the canal between Mill Green, Staveley and the borough boundary to the south of Renishaw is disused and derelict. It is proposed that the canal should be restored on its original line except at Mill Green, Staveley where it will be accommodated alongside the proposed Staveley-Chesterfield regeneration route. There is a need to protect the character of the Chesterfield Canal and any historic features and structures associated with the canal as well as its immediate setting. 5.50 Measures will be taken by the borough council and, where appropriate, private developers to enhance the environment of the areas defined in policy EVR13 for the benefit of nature conservation, and where appropriate, public access and recreation including walking and cycling that are a positive benefit to healthy communities. 5.51 The restoration of the canal is likely to create opportunities for business activities associated with the increased use of the canal corridor for recreation, including waterside developments such as a marina. These should be accommodated within the urban areas close to the canal and within easy walking distance of it. Specific provision for a major new basin and terminus facility on the canal will be made within the A61 Corridor "Area of Major Change". A further new basin with associated facilities is proposed on the Staveley side of the canal in the countryside north of Hall Lane, Staveley.   EVR13 PROTECTION AND ENHANCEMENT OF RIVER AND CANAL ENVIRONMENTS PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD HAVE A SIGNIFICANT ADVERSE EFFECT ON THE EXISTING CHARACTER AND/OR THE FUTURE POTENTIAL FOR THE IMPROVEMENT AND ENHANCEMENT OF THE ENVIRONMENT OF THE RIVERS AND THE CHESTERFIELD CANAL AND OF THE WATERCOURSES LINKING TO THEM, AS SHOWN ON THE PROPOSALS MAP, INCLUDING PUBLIC ACCESS AND RECREATION. PROTECTION OF NATURAL FEATURES AND MARGINAL VEGETATION WILL BE SOUGHT BY CONDITION OR LEGAL AGREEMENT AND PROPOSALS TO MODIFY RIVER AND STREAM CHANNELS WILL BE RESISTED UNLESS ESSENTIAL AS PART OF AN APPROVED CANAL OR RIVER RESTORATION SCHEME.   top   EVR14 RESTORATION OF CHESTERFIELD CANAL THE ORIGINAL ROUTE OF THE CHESTERFIELD CANAL WILL BE SAFEGUARDED FROM DEVELOPMENT LIKELY TO PREJUDICE ITS FUTURE RESTORATION EXCEPT AT MILL GREEN, STAVELEY WHERE THE PROPOSED STAVELEY-CHESTERFIELD REGENERATION ROUTE WILL BE REQUIRED TO RESTORE THE CANAL ALONGSIDE THE ROAD. NEW BASINS ARE PROPOSED AT HALL LANE, STAVELEY AND AT HOLBECK CLOSE IN THE AREA OF MAJOR CHANGE BESIDE THE A61. OTHER PROPOSALS FOR DEVELOPMENT ASSOCIATED WITH THE RECREATION AND LEISURE POTENTIAL OF THE CANAL WILL BE PERMITTED WITHIN THE URBAN AREAS CLOSE TO ITS ROUTE PROVIDING THEY COMPLY WITH THE GENERAL DEVELOPMENT CONTROL POLICIES OF THE LOCAL PLAN.   top Protecting the health and safety of the community Contaminated land 5.52 The emphasis of planning policy on the re-use of previously developed land increasingly involves sites which have been contaminated by their previous users. The development of such sites can raise health and safety concerns or harm the environment through the mobilisation of contaminants. Contaminants such as lead ores can also occur naturally and from time to time these may need to be taken into account. 5.53 Although contamination is subject to controls under pollution control legislation, primarily the Environmental Protection Act 1990 (part ii), PPS23 indicates that the land use issues of contamination are a material planning consideration. The aim will be to ensure that development brings the site to a state where it is fit for use and where there are no unacceptable risks to health, safety or the environment. 5.54 Where it is known or suspected that land is contaminated, it will be necessary for applicants to provide a desk top study followed by a comprehensive site investigation. Applicants should identify any potential adverse effects on the new development, or risks to human health and/or the local environment resulting from previous contamination together with proposed measures to deal with them.   EVR15 CONTAMINATED LAND PLANNING PERMISSION FOR DEVELOPMENT ON CONTAMINATED LAND WILL ONLY BE GRANTED WHERE THERE HAS BEEN AN INITIAL DESK STUDY AND WHERE APPROPRIATE A COMPREHENSIVE INVESTIGATION AND DISCLOSURE BY THE DEVELOPER OF POTENTIAL HAZARDS AT THE SITE AND WHERE ADEQUATE AND APPROPRIATE REMEDIAL MEASURES TO DEAL WITH THE HAZARDS HAVE BEEN IDENTIFIED TO BE SECURED BY PLANNING CONDITIONS OR THROUGH A PLANNING OBLIGATION AND CARRIED OUT BEFORE DEVELOPMENT STARTS.   top Hazardous substance establishments 5.55 Certain sites and pipelines are designated as dangerous substance establishments by virtue of the quantities of hazardous substance present. The siting of such installations will be subject to planning controls, for example under the Planning (Control of Major-Accident Hazards) Regulations 1999, with the objective, in the long term, to maintain appropriate distances between establishments and residential areas and areas of public use. In accordance with Circular 04/2000 the council will consult the Health and Safety Executive, as appropriate, about the siting of any proposed dangerous substance establishments.   EVR16 HAZARDOUS SUBSTANCE ESTABLISHMENTS PLANNING PERMISSION FOR THE DEVELOPMENT OF HAZARDOUS SUBSTANCE ESTABLISHMENTS WILL NOT BE GRANTED IF THERE WOULD BE AN UNACCEPTABLE RISK TO PUBLIC HEALTH AND SAFETY OR THE ENVIRONMENT.   top Development in proximity to existing major hazard installations 5.56 The Health and Safety Executive (HSE) has identified five major hazard establishments in the borough, the most significant being Rhodia Eco Services Limited at Staveley. In addition the consultation area of the former Coalite Chemicals Division plant at Bolsover comes into the south eastern part of the plan area at Duckmanton and includes the site of the former Markham Colliery. The HSE is a statutory consultee on significant development proposals within defined consultation zones around these major hazards. 5.57 The HSE has produced planning decision matrices in the form of advice tables for assistance in land use planning control. These indicate which categories of development are most likely to be recommended for refusal by the HSE in the light of their risk assessments. These are most likely in the inner zone around the Rhodia Eco Services plant at Staveley. 5.58 Detailed advice will be issued in supplementary planning document(s) as necessary.   EVR17 DEVELOPMENT IN PROXIMITY TO MAJOR HAZARD INSTALLATIONS WITHIN THE MAJOR HAZARDS CONSULTATION ZONES DEFINED ON THE PROPOSALS MAP PLANNING PERMISSION FOR DEVELOPMENT WILL ONLY BE GRANTED PROVIDED THAT THE ASSESSED RISK IN RELATION TO THE PARTICULAR DEVELOPMENT IS NOT SO GREAT AS TO OUTWEIGH OTHER PLANNING CONSIDERATIONS.   top High voltage power lines 5.59 There is an absence of clear scientific evidence to support the imposition of exclusion zones around high voltage power lines on health grounds. However, National Grid and other electricity providers are aware of the difficulties of planning new development under and immediately adjacent to high voltage overhead power lines. Development proposals will be resisted where there would be an unacceptable adverse impact upon amenity. The visual impact of transmission infrastructure should also be minimised through sensitive site planning and design. National Grid does not encourage built development immediately beneath its lines and promotes land uses that raise the environmental quality of the area.   EVR18 DEVELOPMENT IN PROXIMITY TO HIGH VOLTAGE POWER LINES PLANNING PERMISSION FOR DEVELOPMENT PROPOSALS UNDER OR IMMEDIATELY ADJACENT TO OVERHEAD HIGH VOLTAGE POWER LINES WILL BE GRANTED PROVIDED THAT: (a) THERE WOULD NOT BE AN UNACCEPTABLE ADVERSE IMPACT UPON AMENITY; AND (b) THE LAYOUT AND DESIGN MINIMISES THE VISUAL IMPACT OF TRANSMISSION INFRASTRUCTURE.   top Telecommunications 5.60 Communications technology is expanding rapidly to meet the growing demand for better communications at work and at home. Provision needs to be made for this growth but not at the expense of important environmental considerations. 5.61 It will be necessary to minimise the visual impact of telecommunications developments requiring planning consent. PPG8 advocates the use of existing buildings and the sharing of masts to help keep visual impact to a minimum. This is particularly important within or adjoining the best and most sensitive environments in the borough. 5.62 Health considerations and public concern can, in principle, be material considerations in the determination of applications for planning permission or prior approval. However, it is the Government's view that the planning system is not the place for determining health safeguards. Current guidance is that if a proposed mobile phone base station meets the International Commission on Non-ionising Radiation Protection (ICNIRP) guidelines for public exposure it should not be necessary for a local authority, in processing an application for planning permission or prior approval, to consider further health aspects and concerns about them. 5.63 As required under PPG8 the borough council will work with telecommunications operators to review their requirements on an annual basis. Wherever possible proposed installations should accord with proposals or needs specified in operators' annual roll out plans.   EVR19 TELECOMMUNICATIONS PLANNING PERMISSION WILL BE GRANTED FOR TELECOMMUNICATIONS DEVELOPMENTS PROVIDED THAT: (a) THERE IS AN OPERATIONAL NEED FOR THE DEVELOPMENT OF THE INSTALLATION AND THE USE OF THE PARTICULAR SITE; AND (b) THE SITING, DESIGN, HEIGHT, EXTERNAL APPEARANCE, MATERIALS, COLOURS, LANDSCAPING AND THE SCREENING (WHERE APPROPRIATE AND CONSISTENT WITH THE OPERATOR'S LEGAL OBLIGATIONS AND TECHNICAL REQUIREMENTS) MINIMISES THE VISUAL IMPACT OF THE PROPOSAL ON THE SURROUNDING LANDSCAPE; AND (c) SITES WITHIN VISUALLY OR ENVIRONMENTALLY SENSITIVE AREAS (INCLUDING SITES WITHIN OR ADJOINING THE GREEN BELT, OPEN COUNTRYSIDE, RIVER CORRIDORS, WILDLIFE SITES, CONSERVATION AREAS, HISTORIC PARKS AND GARDENS AND ON OR NEXT TO LISTED BUILDINGS) ARE AVOIDED WHEREVER POSSIBLE, OR THAT THE DEVELOPER DEMONSTRATES THAT THERE ARE NO SUITABLE ALTERNATIVE SITES AVAILABLE WHICH WOULD BE LESS HARMFUL IN VISUAL OR ENVIRONMENTAL TERMS; AND (d) THERE IS NO REASONABLE POSSIBILITY OF SHARING MAST FACILITIES OR USING AN EXISTING BUILDING OR STRUCTURE WHERE THIS REPRESENTS THE OPTIMAL ENVIRONMENTAL SOLUTION.   top Reducing pollution and waste Waste management and recycling 5.64 The government's objective in PPS10 and its Waste Strategy 2000 is to reduce the amount of waste we produce and, where waste is produced, deal with it in a way that contributes to the economic, social and environmental goals of sustainable development. 5.65 The borough council is committed to achieving challenging targets for increasing recycling or composting of waste. The best way in which the planning system can assist is to ensure that, in all major new development proposals, the management of waste generated from both the construction and occupation of the development is planned for. 5.66 Applicants for planning permission for major new developments should consider:   what arrangements they will make for the sustainable management of their demolition and construction waste and what special arrangements will be required for any hazardous waste at the site. providing space on a housing or retail development for at least one "bring site" (bottle, cans etc banks). making provision for each residential unit and each shop to separate putrescible waste from other waste. setting aside one plot on an industrial estate for a recycling centre. designing for the provision of paper and card balers in business developments.   EVR20 PROVISION OF WASTE MANAGEMENT AND RECYCLING FACILITIES IN THE CASE OF PROPOSALS FOR LARGE SCALE RESIDENTIAL DEVELOPMENTS OF 100 OR MORE DWELLINGS AND INDUSTRIAL, OFFICE, LEISURE OR RETAIL DEVELOPMENTS OF 1,000 SQUARE METRES OR MORE, PLANNING PERMISSION WILL ONLY BE GRANTED IF APPLICANTS MAKE PROVISION FOR THE SUSTAINABLE MANAGEMENT OF WASTES GENERATED FROM BOTH THE CONSTRUCTION AND OCCUPATION OF THE DEVELOPMENT. WHERE EXISTING RECYCLING FACILITIES ARE NOT AVAILABLE WITHIN 400 METRES OF SUCH PROPOSALS THE BOROUGH COUNCIL WILL SEEK TO NEGOTIATE AN AGREEMENT FOR THEIR PROVISION UNDER SECTION 106 OF THE 1990 PLANNING ACT.   top 5.67 Where waste management facilities and other lawful uses which are known to have an adverse environmental impact such as a sewage works have been permitted or allocated it is important that their use is not compromised by other development proposals. Such essential land uses are potentially polluting by reason of noise, dust, smell and traffic. If new developments such as housing or buildings frequented by the public are located close by, a conflict of interest can result. The borough council will not permit development in the vicinity of waste management facilities and uses of a similar kind unless it can be shown that it would not unduly restrict or constrain these existing uses.   EVR21 PROTECTION OF WASTE MANAGEMENT FACILITIES, SEWAGE TREATMENT WORKS AND SIMILAR OPERATIONS PLANNING PERMISSION FOR DEVELOPMENT PROPOSALS IN THE VICINITY OF PERMITTED OR ALLOCATED WASTE MANAGEMENT FACILITIES, SEWAGE TREATMENT WORKS, INTENSIVE AGRICULTURAL UNITS AND SIMILAR OPERATIONS WILL ONLY BE GRANTED IF THEY WOULD NOT UNDULY RESTRICT OR CONSTRAIN THE PERMITTED OR ALLOCATED ACTIVITIES OR WOULD NOT RESULT IN THE DEVELOPMENT PROPOSAL SUFFERING UNACCEPTABLE ADVERSE IMPACTS AS A RESULT OF THE NORMAL OPERATION OF THE FACILITY.   top Renewable energy 5.68 Renewable energy is defined in PPS22 (Renewable Energy) as energy flows that occur naturally and repeatedly in the environment, including those derived from the sun, the wind, the movement of the oceans, and the fall of water and from biomass. These sources can increase diversity and security of supply and reduce harmful emissions of greenhouse gases. 5.69 The national objective is set out in the Energy White Paper. The main aims are to cut carbon dioxide emissions by 60% by 2050 with interim targets in the intervening years; and to generate 10% of UK electricity from renewable sources by 2010 and 20% by 2020 with sustained improvements thereafter. The East Midlands Renewable Energy Planning Strategy identifies solar energy as the most significant renewable energy source in Derbyshire. As well as solar energy there may be the opportunity to generate from wind turbines, pumped water storage, landfill gas and biodegradable waste/crops. 5.70 The borough council will support and encourage the use of renewable energy sources but will have regard to environmental, economic and social impacts especially within sensitive areas. In this respect it will foster community involvement in renewable energy projects at an early stage and seek to promote a wider knowledge of and a greater understanding of the subject. 5.71 The borough council wishes to support proposals for the use of renewable energy sources, particularly smaller scale local initiatives, provided that the impact on people and the environment is acceptable and the benefits outweigh any disturbance. The borough council also wishes to encourage the development of low impact and low emission housing and other buildings. Energy efficient building designs will be sought through negotiation during the application process as required in policy GEN10 in chapter 2 of this plan.   EVR22 RENEWABLE ENERGY PLANNING PERMISSION WILL BE GRANTED FOR DEVELOPMENT REQUIRED IN CONNECTION WITH THE GENERATION OF RENEWABLE ENERGY PROVIDED THAT: (a) THE IMPACT ON THE NATURAL AND BUILT ENVIRONMENT, ESPECIALLY THE CUMULATIVE EFFECT ON A NUMBER OF SUCH PROJECTS, IS ACCEPTABLE AND TAKES INTO ACCOUNT THE POTENTIAL EFFECT ON THE LANDSCAPE CHARACTER OF THE SITE AND ITS SURROUNDING AREA; AND (b) SUFFICIENT MITIGATION MEASURES OR DESIGN SOLUTIONS CAN BE INCORPORATED SO THAT THE DEVELOPMENT DOES NOT CREATE UNACCEPTABLE LIVING CONDITIONS OR DISTURBANCE FOR NEARBY RESIDENTS; AND (c) THE DEVELOPMENT PROVIDES ECONOMIC AND SOCIAL BENEFITS WHICH OUTWEIGH ANY DISTURBANCE CAUSED.   top Air, noise, water and light pollution and other adverse environmental impacts 5.72 The aim of this policy is to guide the location of potentially polluting development in relation to surrounding land uses and to protect sensitive development from existing sources of pollution in line with the guidance in PPS23. It should be regarded as complementary to powers under other legislation to control pollution. Other adverse environmental impacts need to be treated in a similar way, for example water abstractions, health hazards and air quality. 5.73 Policies to reduce reliance on the private car can help reduce emissions of air pollutants and thereby assist in improving air quality. Noise sensitive developments should be located away from existing sources of significant noise pollution and potentially noisy developments need to be located in areas where the impact of noise on existing developments can be minimised. Light pollution, caused by excessive or intrusive artificial light arising from poor or insensitive design, can have a detrimental effect on wildlife and on the character and amenity of areas after dark. 5.74 The quality of water in the rivers and streams within the borough has improved steadily through increased investment in sewage treatment works, tighter controls over industrial discharges and the general decline in polluting industries. However, within the catchment area of the Rother, abandoned minewaters, contaminated land, agricultural wastes, discharges from sewage works, chemical industries and coking plants all continue to affect the water quality of the Rother and its tributaries. Nevertheless, areas of high conservation value remain on some sections of the Rother in the form of oxbow lakes, subsidence flashes, washland, wetlands and restored opencast sites. 5.75 The Environment Agency has a wide range of responsibilities and powers relating to environmental management and improvements in the quality of the water environment. The borough council can assist the efforts of the Environment Agency in controlling pollution and improving water quality by resisting development which would increase the level of water pollution. Water conservation measures will be encouraged in new development and adverse effects on surface water and ground water quality will be resisted.   EVR23 POLLUTION AND OTHER ADVERSE ENVIRONMENTAL IMPACTS 1) PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD MATERIALLY INCREASE EXISTING LEVELS OF AIR, NOISE, WATER, LIGHT POLLUTION OR RESULT IN SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS UNLESS THESE ARE OUTWEIGHED BY THE SOCIAL OR ECONOMIC BENEFITS TO THE WIDER COMMUNITY, OR THE WIDER ENVIRONMENTAL BENEFITS. IN SUCH CIRCUMSTANCES PLANNING PERMISSION WILL ONLY BE GRANTED PROVIDED (a) NO PRACTICABLE ALTERNATIVE AND BETTER SITE IS READILY AVAILABLE OR (b) ALL REASONABLE MITIGATION MEASURES ARE IMPLEMENTED. 2) PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD BE ADVERSELY AFFECTED BY EXISTING SOURCES OF AIR, NOISE, WATER OR LIGHT POLLUTION OR RESULT IN SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACTS UNLESS IT CAN BE DEMONSTRATED THAT THE ADVERSE IMPACT CAN BE REDUCED TO AN ACCEPTABLE LEVEL BY MITIGATION MEASURES AT THE SOURCES, OR WITHIN THE DEVELOPMENT SITE.   top Protecting and improving the quality of the built environment Advertisements 5.76 The indiscriminate siting of advertisement hoardings and the inappropriate use of illuminated signs and fascias can detract from the quality of streets in the borough and can be highly intrusive to the settings of public spaces. 5.77 Whilst recognising the needs of business to advertise, it is important to ensure that the size, form and design of advertisements does not lead to a reduction in visual amenity. It is especially important to protect the character of Conservation Areas, the setting of listed buildings and residential areas. The safety of drivers, cyclists and pedestrians must also be taken into account. 5.78 The erection of permanent poster display boards is not generally compatible with the borough council's aim to improve the quality of the town's built environment. However, there may be particular instances where they can be used to screen sites which are likely to remain unsightly or derelict for some time. In such cases associated landscaping will be required.   EVR24 ADVERTISEMENTS ADVERTISEMENT CONSENT WILL ONLY BE GRANTED PROVIDED THAT THE ADVERTISEMENT: (a) DOES NOT HARM THE APPEARANCE, CHARACTER OR SETTING OF ITS SITE OR SURROUNDINGS BY REASON OF ITS SCALE, DETAIL OR DESIGN; AND (b) PRESERVES OR ENHANCES THE SPECIAL CHARACTER OF CONSERVATION AREAS AND DOES NOT HAVE AN ADVERSE EFFECT ON THE SETTING OF LISTED BUILDINGS; AND (c) DOES NOT HAVE AN ADVERSE EFFECT ON PEDESTRIAN, CYCLIST OR VEHICLE TRAFFIC SAFETY; AND (d) IF SITED ON A BUILDING, IS PLACED SYMMETRICALLY ON THE BUILDING AND DOES NOT CUT ACROSS ARCHITECTURAL FEATURES; AND (e) IS ACCOMPANIED WITH LANDSCAPING, FENCING AND SCREENING DETAILS ON ASSOCIATED LAND WHERE APPROPRIATE. PROPOSALS FOR THE ERECTION OF ILLUMINATED ADVERTISEMENTS WILL BE GRANTED PROVIDED THAT ANY ILLUMINATION IS NOT DETRIMENTAL TO THE VISUAL AMENITY OF THE AREA AND DOES NOT HARM LIVING CONDITIONS BY REASON OF ITS SCALE, COLOUR, DIRECTION OR INTENSITY.   top Shop fronts 5.79 The borough council recognises that the character and appearance of retail areas can be undermined by poor quality shop fronts and unsympathetic building security measures. The overall design of shop fascias should be compatible with the building and its surroundings, and where appropriate, incorporate traditional details, features, proportions and materials. 5.80 Extensive areas of shop fronts which are covered by solid shutters create an unattractive and uninteresting environment outside shopping hours. Whilst recognising the importance of security measures, it is equally important that the quality of the street scene is not devalued by insensitive solutions. 5.81 The installation of security devices will always require Listed Building Consent. Shop security devices on a listed building or a building within a conservation area will only be permitted where it would not harm the character or appearance of the building or the street scene.   EVR25 SHOP FRONTS PLANNING PERMISSION WILL BE GRANTED FOR NEW, ALTERED OR REPLACEMENT SHOP FRONTS WHERE: (a) THEIR DESIGN, SCALE AND CHARACTER ARE COMPATIBLE WITH THE BUILDING AND SURROUNDING AREA; AND (b) APPROPRIATE MATERIALS ARE USED; AND (c) THE DESIGN OF ENTRANCES ALLOWS ACCESS TO ALL MEMBERS OF THE COMMUNITY.   top   EVR26 BUILDING SECURITY PLANNING PERMISSION WILL BE GRANTED FOR BUILDING SECURITY MEASURES WHICH COULD INCLUDE SECURITY GRILLES PROVIDED THAT THEY: (a) ARE SYMPATHETICALLY DESIGNED AS AN INTEGRAL PART OF THE SHOP FRONT AND ARE NOT DETRIMENTAL TO THE CHARACTER OF THE BUILDING AND STREET SCENE; AND (b) ALLOW A GOOD LEVEL OF VISIBILITY INTO THE PREMISES AND A GOOD LEVEL OF LIGHT PENETRATION FROM THE BUILDING INTO THE STREET. SECURITY GRILLES WILL ONLY BE PERMITTED ON LISTED BUILDINGS OR BUILDINGS WITHIN A CONSERVATION AREA WHERE THEY ARE OF A DESIGN APPROPRIATE TO THE HISTORIC CHARACTER OF THE INDIVIDUAL BUILDING AND/OR THE STREET OR AREA.   top Percent for art 5.82 The borough council has operated a highly successful percent for art policy since 1994. To date over 50 schemes have been completed. There has been considerable community involvement in developing schemes, with artists leading workshops in schools, colleges and with community groups. An "Art Trail" leaflet, produced in 2000, illustrates the schemes. 5.83 Works of art can make a positive contribution to the built environment by giving new and refurbished buildings a unique identity. This helps to create a sense of place and adds to the character of the neighbourhood. By promoting the image of the town, it can encourage economic development and tourism. By encouraging the artists to engage with the people in the neighbourhood the percent for art process can also assist in the regeneration of the town by fostering and developing community spirit. 5.84 The policy is directed to major developments, but the borough council would also encourage other smaller development schemes to consider including works of art within their developments. Favourable consideration would also be given to spreading at least part of the art budgets beyond the site in question. 5.85 On very large sites where there could be several separate but related developments, it may be more appropriate for the developers to provide the requisite sum in the form of a commuted payment so that one significant work of art is obtained instead of several more minor pieces. Where a proposed development forms part of a larger scheme, developers should consider making this contribution to the commissioning of a single work of art. The borough council will encourage developers to engage an artist at the earliest possible stage in the project to work in collaboration with the architect.   EVR27 PERCENT FOR ART WHERE MAJOR DEVELOPMENT SCHEMES COSTING £1,000,000 AND OVER HAVE A SIGNIFICANT VISUAL IMPACT, AFFECT THE CHARACTER OF A NEIGHBOURHOOD OR INVOLVE THE LOSS OF LOCAL AMENITIES OR HABITATS, THE LOCAL PLANNING AUTHORITY WILL SEEK TO NEGOTIATE A LEGAL AGREEMENT WITH DEVELOPERS TO INCORPORATE ACCEPTABLE WORKS OF ART EITHER WITHIN THE SCHEME OR AT AN ALTERNATIVE LOCATION AT A LEVEL OF NOT LESS THAN 1% OF THE TOTAL DEVELOPMENT COST OF THE SCHEME.   top The evaluation and protection of archaeological sites 5.86 Archaeological remains and their settings are an important part of Chesterfield's heritage. The borough contains two scheduled ancient monuments, Brampton Barn and Tapton Castle Hill and the historic core of Chesterfield town centre contains known concentrations of important archaeological remains. Details of many unscheduled remains are recorded in the Sites and Monuments Record (SMR). 5.87 PPG16 advises that there should be a presumption in favour of physical preservation of nationally important archaeological remains and their settings, whether scheduled or not, where these are affected by proposed development. The advice in relation to remains of lesser importance is to balance carefully the importance of the archaeology against the need for the proposed development. Preference is given to the retention of remains "in situ" in order to ensure their complete survival. 5.88 Where development proposals may disturb or destroy archaeological remains an assessment of their potential should be undertaken before applying for planning permission. If this assessment shows it to be necessary, an archaeological field evaluation may be required to ascertain the nature and importance of the remains and the effects of the proposed development on them. It is important that there is early consultation between the developer and the borough council to discuss the initial assessment and the extent of any evaluation needed to follow it. 5.89 In view of the archaeological significance of the historic core of Chesterfield town centre, all applicants for planning permission will normally be required to submit an archaeological evaluation of their site. This will not, however, be required for changes of use and development which will not disturb the ground surface.   EVR28 SCHEDULED ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT, WHICH WILL RESULT IN DAMAGE OR DISTURBANCE TO SCHEDULED ANCIENT MONUMENTS OR OTHER ARCHAEOLOGICAL SITES OF NATIONAL IMPORTANCE AND/OR THEIR SETTINGS. PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH MAY AFFECT OTHER KNOWN OR POTENTIAL ARCHAEOLOGICAL SITES AND THEIR SETTINGS OR HERITAGE FEATURES UNLESS AN APPROPRIATE ARCHAEOLOGICAL ASSESSMENT IS SUBMITTED AS PART OF THE PLANNING APPLICATION WHERE APPROPRIATE. WHERE NECESSARY A FIELD EVALUATION OF THE SITE, TOGETHER WITH AN ASSESSMENT OF THE POTENTIAL EFFECTS OF THE PROPOSED DEVELOPMENT, WILL BE REQUIRED AS PART OF THE PLANNING APPLICATION. PLANNING PERMISSION WILL ONLY BE GRANTED IF IT DEMONSTRATES THAT THE DEVELOPMENT WILL NOT DISTURB OR DESTROY SIGNIFICANT REMAINS OR BE SIGNIFICANTLY DETRIMENTAL TO THEIR SETTING. WHERE DISTURBANCE IS UNAVOIDABLE AND WHERE PLANNING PERMISSION IS GRANTED FOR DEVELOPMENT WHICH WOULD AFFECT ARCHAEOLOGICAL SITES AND THEIR SETTINGS OR HERITAGE FEATURES, THE BOROUGH COUNCIL WILL SEEK TO MINIMISE ITS IMPACT. WHERE NECESSARY IT WILL IMPOSE CONDITIONS OR SEEK PLANNING OBLIGATIONS UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO ENSURE APPROPRIATE ARCHAEOLOGICAL INVESTIGATION AND RECORDING PRIOR TO AND DURING DEVELOPMENT AND POST-EXCAVATION ANALYSIS OF SUCH REMAINS TO AN AGREED PROGRAMME.   top   EVR29 CHESTERFIELD TOWN CENTRE HISTORIC CORE WITHIN THE HISTORIC CORE OF THE TOWN CENTRE, AS SHOWN ON THE PROPOSALS MAP, PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT WHICH WOULD INVOLVE GROUND DISTURBANCE IF: (a) AN ASSESSMENT OF THE ARCHAELOGICAL POTENTIAL OF THE SITE IS SUBMITTED WITH THE APPLICATION; AND (b) WHERE THE ASSESSMENT SHOWS IT TO BE APPROPRIATE AN ARCHAEOLOGICAL FIELD EVALUATION IS SUBMITTED FOR CONSIDERATION AS PART OF THE PLANNING APPLICATION TO ALLOW THE POTENTIAL OF THE SITE TO BE TAKEN INTO ACCOUNT; AND (c) WHERE APPROPRIATE, A STATEMENT IS SUBMITTED DEMONSTRATING HOW IT IS INTENDED TO ACCOMMODATE OR OVERCOME THE ARCHAEOLOGICAL CONSTRAINTS OF THE SITE TO THE SATISFACTION OF THE COUNCIL; AND (d) THE DEVELOPMENT WILL NOT DISTURB ARCHAEOLOGICAL REMAINS IDENTIFIED AS WORTHY OF PRESERVATION IN SITU WITHOUT BEING DISTURBED, OR BE SIGNIFICANTLY DETRIMENTAL TO THE SETTING OF SUCH SITES; AND (e) THE PROPOSALS WILL MINIMISE THE DISTURBANCE OF OTHER ARCHAEOLOGICAL REMAINS. WHERE DISTURBANCE IS UNAVOIDABLE AND WHERE PLANNING PERMISSION IS GRANTED FOR DEVELOPMENT WHICH WOULD AFFECT ARCHAEOLOGICAL SITES AND THEIR SETTINGS OR HERITAGE FEATURES, THE BOROUGH COUNCIL WILL SEEK TO MINIMISE ITS IMPACT AND WHERE NECESSARY, IT WILL IMPOSE CONDITIONS OR SEEK PLANNING OBLIGATIONS UNDER SECTION 106 OF THE TOWN AND COUNTRY PLANNING ACT 1990 TO ENSURE APPROPRIATE ARCHAEOLOGICAL INVESTIGATION AND RECORDING PRIOR TO AND DURING DEVELOPMENT AND POST EXCAVATION ANALYSIS OF SUCH REMAINS TO AN AGREED PROGRAMME.   top Conservation, listed buildings and the built environment 5.90 Local authorities are required to designate areas of special architectural interest as Conservation Areas, where policies to preserve and enhance the historic environment and to encourage their physical and economic revitalisation should be applied. 5.91 The borough council has designated 10 such areas. They are:   Somersall Lane Abercrombie Street Old Whittington Queens Park Newbold Road (Eyre Chapel) Chesterfield town centre Spencer Street Staveley town centre Former Scarsdale Hospital site Brimington centre 5.92 Of particular importance in Chesterfield town centre is the need to control new development to reflect the retained mediaeval street pattern and to preserve and enhance the urban character and the importance of certain views and open spaces, particularly the visual importance of St. Mary's church and its grounds. 5.93 Buildings of architectural or historic interest form a vital part of the town's heritage and will be protected from harmful alterations or loss. Proposals for the demolition of or significant alterations or additions to such listed buildings will only be granted in exceptional circumstances where there is clear evidence that all reasonable efforts have been made to sustain existing uses or find viable new ones. 5.94 Outline planning applications relating to proposals which affect listed buildings or the character or appearance of conservation areas are generally unlikely to be acceptable. However, in exceptional circumstances they may be acceptable provided that the illustrative material demonstrates beyond doubt that the nature and scale of the development could be accommodated without detriment to any material consideration. Applications for planning permission for development involving the demolition of buildings or structures which make a positive contribution to the character or appearance of a conservation area will not be granted unless there are acceptable and detailed plans for redevelopment. Conservation area consent to demolish buildings of inappropriate structure or design will be granted where removal or replacement would benefit the character or appearance of the area. Where replacement buildings are proposed, conditions will be imposed to ensure that a contract for redevelopment, in accordance with an approved detailed scheme, is in existence prior to the start of demolition. In Conservation Areas there is also a general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. 5.95 Development in areas adjacent to a Conservation Area can have a detrimental impact upon it. The borough council will seek to ensure that in such areas development respects the special character and setting of that Conservation Area and will refuse permission for development which would fail to do so. 5.96 In addition to the following policies, the borough council will have regard to the advice in PPG15, including the preparation of Conservation Area Character Appraisals, reviewing the boundaries of existing Conservation Areas, use of Article 4 directions and, where appropriate, designating new Conservation Areas, based on Conservation Area Character Appraisals.   EVR30 CONSERVATION AREAS WITHIN CONSERVATION AREAS PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT PROPOSALS (INCLUDING CONVERSIONS, ALTERATIONS, EXTENSIONS AND CHANGES OF USE) WHICH PRESERVE OR ENHANCE THE SPECIAL CHARACTER OR APPEARANCE OF THE CONSERVATION AREA. PLANNING PERMISSION FOR NEW DEVELOPMENT (INCLUDING EXTENSIONS TO EXISTING BUILDINGS AND NEW OR REPLACEMENT SHOP SIGNS) WILL NOT BE GRANTED UNLESS: (a) THE DESIGN, SCALE, MASSING AND SITING OF THE PROPOSAL RESPECTS THE SPECIAL CHARACTER OR APPEARANCE OF THAT PART OF THE CONSERVATION AREA IN WHICH IT IS TO TAKE PLACE; AND (b) DUE REGARD HAS BEEN PAID TO THE RELATIONSHIP OF THE PROPOSAL TO ADJACENT BUILDINGS, TREES, VIEWS (BOTH INTO AND OUT OF THE CONSERVATION AREA), SPACES AND HISTORIC STREET PATTERN OR ANY OTHER COMPONENT PART OF THE CONSERVATION AREA OR ITS SETTING WHICH CONTRIBUTES TO ITS SPECIAL CHARACTER OR APPEARANCE; AND (c) MATERIALS AND COMPONENTS APPROPRIATE TO THE SPECIAL CHARACTER AND APPEARANCE ARE USED; AND (d) THEY RESPECT THE CHARACTER AND STYLE OF THE BUILDING IN TERMS OF ITS ARCHITECTURAL DETAIL AND MATERIALS. INTERNALLY ILLUMINATED SIGNS WILL NOT BE PERMITTED WHERE THESE COVER THE WHOLE OF THE FASCIA OF THE BUILDING. PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT AFFECTING THE SETTING OF A CONSERVATION AREA WHICH WOULD HAVE A MATERIALLY DETRIMENTAL EFFECT ON ITS SPECIAL CHARACTER OR APPEARANCE INCLUDING VIEWS INTO OR OUT OF THE AREA. WHERE NECESSARY ARTICLE 4 DIRECTIONS WILL BE USED BY THE COUNCIL TO ENSURE ADDITIONAL CONTROLS OVER DEVELOPMENT IN CONSERVATION AREAS.   top   EVR31 DEMOLITION OF BUILDINGS OR STRUCTURES IN CONSERVATION AREAS WHERE A BUILDING OR OTHER STRUCTURE MAKES A POSITIVE CONTRIBUTION TO THE CHARACTER OR APPEARANCE OF A CONSERVATION AREA, PLANNING PERMISSION FOR DEVELOPMENT INVOLVING ITS DEMOLITION OR REMOVAL WILL ONLY BE GRANTED WHERE: (a) IT IS BEYOND REPAIR AND INCAPABLE OF BENEFICIAL USE; OR (b) IN EXCEPTIONAL CASES THE REDEVELOPMENT OR THE RESULT OF THE DEMOLITION WOULD PRODUCE SUBSTANTIAL BENEFITS FOR THE COMMUNITY (INCLUDING THE PHYSICAL AND/OR ECONOMIC REVITALISATION OF THE CONSERVATION AREA) WHICH WOULD OUTWEIGH THE LOSS RESULTING FROM THE DEMOLITION. PERMISSION FOR REDEVELOPMENT INVOLVING THE DEMOLITION OF BUILDINGS OF INAPPROPRIATE STRUCTURE OR DESIGN WILL BE GRANTED WHERE REMOVAL OR REPLACEMENT WOULD BENEFIT THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA. CONDITIONS WILL BE IMPOSED ON THE PLANNING PERMISSION TO ENSURE THAT A CONTRACT FOR REDEVELOPMENT IN ACCORDANCE WITH AN APPROVED DETAILED SCHEME IS IN EXISTENCE PRIOR TO THE START OF DEMOLITION.   top   EVR32 BUILDINGS OF ARCHITECTURAL AND HISTORIC INTEREST (LISTED BUILDINGS) PLANNING PERMISSION FOR DEVELOPMENT INVOLVING THE DEMOLITION OF LISTED BUILDINGS, IN WHOLE OR IN PART, WILL NOT BE GRANTED UNLESS: (a) THE APPLICATION IS ACCOMPANIED BY AN ASSESSMENT OF THE CONDITION AND COSTS OF REPAIR AND MAINTENANCE OF THE LISTED BUILDING AND (b) EVIDENCE IS PROVIDED THAT EFFORTS HAVE BEEN MADE TO RETAIN THE BUILDING AND, WHERE RELEVANT, THAT ALTERNATIVE USES HAVE BEEN FULLY EXPLORED AND DISCOUNTED FOR GOOD PLANNING REASONS. PLANNING PERMISSION FOR THE CHANGE OF USE OR CONVERSION OF A LISTED BUILDING TO A NEW USE WILL ONLY BE GRANTED WHERE: (i) THE CHANGE OF USE OR CONVERSION WILL ENSURE THE PRESERVATION OF THE BUILDING WITHOUT DETRIMENT TO THE ELEMENTS RESPONSIBLE FOR ITS LISTING AND (ii) THE PROPOSED USE WILL NOT BE PREJUDICIAL TO THE SETTING OF THE BUILDING. PLANNING PERMISSION FOR DEVELOPMENT INVOLVING THE ALTERATION OR EXTENSION OF A LISTED BUILDING WILL ONLY BE PERMITTED WHERE THE SCALE, MATERIALS AND COMPONENTS RESPECT THE CHARACTER AND ORIGINS OF THE BUILDING.   top   EVR33 DEVELOPMENT AFFECTING THE SETTING OF A LISTED BUILDING PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE SETTING OF A LISTED BUILDING.   top Historic parks and gardens 5.97 There are several parks and gardens of historic interest in the borough which require special protection to ensure their survival and integrity. As well as having heritage importance, historic parks and gardens are valued assets in providing access to open, green spaces for the public. This is important to enable easy, regular contact with nature, which will increase general well-being and quality of life, as well as providing an education about nature and how it can and should be protected. 5.98 Queens Park is included on English Heritage's National Register of Historic Parks and Gardens with a grade 2 status. The Queens Park heritage scheme aims to improve the amenity and historical integrity of the park. The effect of development proposals on a registered park or garden or its setting is a material consideration in the determination of planning applications. Other locally important parks and gardens also merit protection. 5.99 Where proposals for development are likely to affect historic parks and gardens, applicants will be required to submit a specialist evaluation of the site and the likely impact of the proposed development on the historic interest, together with a statement of any measures proposed to mitigate adverse impacts.   EVR34 HISTORIC PARKS AND GARDENS PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD HAVE A DETRIMENTAL EFFECT ON THE CHARACTER, ENVIRONMENT OR SETTING OF THE FOLLOWING HISTORIC PARKS AND GARDENS, AS SHOWN ON THE PROPOSALS MAP: (a) QUEENS PARK (b) TAPTON HOUSE AND GROUNDS (c) RINGWOOD HALL GROUNDS (d) TAPTON GROVE (e) DUNSTON HALL DEER PARK PLANNING APPLICATIONS FOR DEVELOPMENT AFFECTING HISTORIC PARKS AND GARDENS WILL BE REQUIRED TO BE ACCOMPANIED BY AN IMPACT ANALYSIS.   top   EVR35 RECORDING OF LISTED BUILDINGS, CONSERVATION AREAS AND HISTORIC PARKS AND GARDENS WHERE PLANNING PERMISSION IS GRANTED FOR DEVELOPMENT INVOLVING: (a) DEMOLITION OR SIGNIFICANT ALTERATION OR EXTENSION TO LISTED BUILDINGS, OR (b) DEMOLITION OR SIGNIFICANT NEW CONSTRUCTION IN A CONSERVATION AREA, OR (c) WORKS AFFECTING HISTORIC PARKS AND GARDENS, DOCUMENTARY RECORDS, INCLUDING PHOTOGRAPHS AND MEASURED SURVEY DRAWINGS AS APPROPRIATE, WILL BE REQUIRED BY CONDITION.     top