|
|
|
| 4. NATURAL ENVIRONMENT
AND RESOUCES |
| |
|
| |
|
|
top
|
| |
INTRODUCTION |
| 4.1 |
The planning process is able to contribute
to the management of the natural environment by the integration and
accommodation of differing interests and demands (which can potentially
often be in conflict). The importance of a rich, diverse and healthy
environment is widely recognised and is becoming increasingly important
and its maintenance and enhancement means taking an integrated view
of characteristic landscapes, wildlife habitats, geology, archaeological
and historic features, and the historic relationship between building
and settlements in the landscape. Overall, it is the combination of
all these that contribute so much to the variety and sense of place
in our surroundings and especially within the rural landscapes. |
| 4.2 |
In general terms, the policies of the
Local Plan concerning the natural environment of the Borough are aimed
at conserving and enhancing the diversity and distinctiveness of landscape
character in the plan area; recognising the importance of the full
range of wildlife habitats with appropriate policies to protect them;
protecting important features in the countryside and towns, including
trees, hedges, walls, and archaeological, geological or geomorphological
features; ensuring that the important contribution of historic and
characteristic buildings, settlements, and historic parks and gardens
is maintained and enhanced; and, supporting the enhancement of landscapes
and habitats and, where appropriate, the creation of new ones. |
|
top
|
| |
EUROPEAN CONTEXT |
| 4.3 |
The Local Plan has to have regard to European
environmental protection legislation, the most significant of which
is the Council Directive of May 21 1992 on the Conservation of Natural
Habitats and Wild Flora and Fauna (the Habitats Directive). |
| 4.4 |
The objective of the Directive is to maintain
biodiversity through the conservation of natural habitats and of wild
flora and fauna throughout the Community. It requires Member States
to: |
| |
- Designate Special Areas of Conservation and Special Protection
Areas;
- Protect designated sites from deterioration and disturbance;
- Protect species listed as being of Community Interest.
|
| 4.5 |
There are currently no designated Special
Areas of Conservation or Special Protection Areas in the Borough.
However, if such sites are subsequently designated, the provisions
of the Directive will apply as well as relevant policies of the Local
Plan. |
| 4.6 |
Where proposed development requiring planning
permission is likely to impact upon a Special Area for Conservation
or Special Protection Area or a protected species, in order to comply
with the Habitats Directive, the Planning Authority is obliged to
consult with English Nature and to take account of its views before
making a decision on the application. The extent of any impact may
lead to planning permission being refused or being granted with conditions
which may include for appropriate mitigation measures. |
|
top
|
| |
NATIONAL AND REGIONAL
CONTEXT |
| 4.7 |
Government policies for environmental stewardship
require effective protection for both the natural and built environment.
Planning Policy Guidance (PPG) Note 1 and Regional Planning Guidance
for the North West highlight that heritage resources are important
to peoples' quality of life and in sustaining local distinctiveness;
both documents require Development Plans to contain policies for the
conservation and enhancement of such resources whilst PPG12 advises
that impacts on the environment which may be irreversible or very
difficult to undo should be treated with particular care in the preparation
of plans, as future generations may value the lost resource more than
the development which replaced it. |
| 4.8 |
The importance of a hierarchy of designations
is set out in PPG9 - it states that Local Planning Authorities should
have regard to the relative significance of international, national
and local and informal designations in considering the weight to be
attached to nature conservation interests. |
| 4.9 |
Government guidance emphasises the need
to conserve not only designated areas but also important sites and
features lying outside designations - PPG9 highlights that wildlife
heritage is not confined to the various statutorily designated sites
but is found throughout the countryside; PPG7 advocates that the countryside
should be safeguarded for its own sake and non-renewable and natural
resources should be afforded protection. |
| 4.10 |
The UK Strategy for Sustainable Development
also recognises that there needs to be more prudent use and management
of natural resources to help address global problems and reverse the
trends of damage to our landscape and wildlife. |
|
top
|
| |
STRATEGIC CONTEXT |
| 4.11 |
The aim of sustainable development is
to ensure that the overall quality of the natural and man-made environment
is maintained and, where possible, enhanced. The underlying principle
is that, as a minimum, there should be 'no net loss' of environmental
assets arising from any development and this is one of the stated
objectives of the Structure Plan. A second objective is to protect
and enhance characteristic habitats, landscape, wildlife, open spaces
and the man-made environment in town and country. The Structure Plan
also recognises that in addition to their intrinsic interest, the
value of individual heritage features is, in some cases, enhanced
by the contribution they make to a network of heritage resources and
that consequently such networks need to be conserved as well as individual
sites and features. |
| 4.12 |
Accordingly, Policy R1 of Cheshire 2011
requires that Cheshire's natural (and man-made) heritage be conserved,
and in appropriate cases enhanced, by taking into account the hierarchy
of designations of international, national, regional, county, and
local importance; the site or feature's irreplaceability in terms
of its rarity, vulnerability, antiquity, or complexity; the site or
feature's contribution to the countryside network of sites and features,
and to the character of its locality. |
| 4.13 |
In addition, Policy GEN3 requires that
all development should minimise any detrimental impact upon the heritage
value of its site and surroundings and, where possible, improve the
quality of the environment. |
|
top
|
| |
LOCAL CONTEXT |
| |
Nature Conservation Strategy
|
| 4.14 |
The Borough Council has prepared and adopted
a Nature Conservation Strategy as part of its Environmental Sustainability
Strategy to safeguard the richness and diversity of species and habitats
in the Borough by seeking: |
| |
- to protect and enhance the network of wildlife sites, green
corridors and open space, to encourage plants and animals to disperse
throughout the Borough and through Cheshire;
- to enhance Congleton Borough's biodiversity through the creation
of new wildlife sites and through positive habitat management;
- to identify and maintain records of species
and habitats in the Borough;
- to promote greater understanding and appreciation of nature
throughout the community;
- to ensure that everyone in Congleton Borough has easy access
to natural open space and wildlife information to assist their
appreciation of wildlife and natural habitats.
|
| 4.15 |
The Strategy contains the following aims
in so far as the relationship between nature conservation and development
is concerned which are reflected in the policies of the Local Plan:
|
| |
- to protect irreplaceable features of nature conservation value
from damaging development;
- to ensure that there is no net loss of valuable nature conservation
features that can be re-created or compensated for elsewhere;
- to ensure that nature conservation is given due consideration,
at the earliest opportunity in the planning and building control
processes.
|
| |
Trees and Woodlands |
| 4.16 |
Trees and woodlands are one of the most
widely valued parts of our environment because of their cultural and
historical associations, importance for nature conservation and contribution
to the landscape. Consequently, the Plan contains a strong commitment
to their protection from development or other damaging change - if
necessary by the use of Tree Preservation Orders - especially where
they are within the following categories:- o "ancient woodland", i.e.
those woodlands which have existed from at least medieval times without
ever having been cleared for uses other than wood or timber production.
o important tree and woodland features contributing to the character
of open spaces in or near settlements, or in the wider landscape,
including those associated with major roads, rivers, lakes, canals
or in highly visible positions. |
| |
|
| |
Wildlife and Nature Conservation
|
| 4.17 |
The Local Plan policies seek to conserve
the abundance and diversity of the Borough's wildlife and its habitats,
and to minimise the adverse effects on wildlife where development
is essential. |
| 4.18 |
The Borough contains a number of Sites
of Special Scientific Interest which are identified by English Nature
as representative examples of semi-natural habitats forming a nationally
importance set of site and which have statutory protection. SSSIs
need to be strictly protected from development that would have an
adverse effect on their special interest. These effects may be direct
or indirect and the Local Plan recognises that development outside
the boundary of an SSSI can have serious repercussions within the
area (for example, alterations to water tables, or the effects of
water pollution some distance away). |
| 4.19 |
In addition, there are sites of international
importance listed under the Ramsar Convention on wetlands of international
importance, especially as waterfowl habitats, known as "Ramsar Sites"
of which there is one within this Borough. |
| 4.20 |
English Nature has also endorsed the importance
of other sites of wildlife, geological or geomorphological value which
are not notified as SSSI's but are still considered to be important.
These include Local Nature Reserves, such as Cranberry Moss, Alsager.
The Borough Council seeks to safeguard such locally important sites
wherever possible, and to minimise the effects on them of potentially
damaging development. In those instances where development is approved,
the Borough Council will require the implementation of appropriate
measures to protect the interest of the site and/or to provide for
compensatory benefits by way of enhancement and the creation of new
habitats either elsewhere or on the site, using planning agreements
where appropriate. |
| 4.21 |
There is a need also for the Local Plan
to provide protection for "earth science sites" that are important
for their geological exposures - such sites are also often of great
archaeological importance because of the early evidence that they
contain; the most important of these are normally identified as SSSI's
but more locally important ones are usually identified as Regionally
Important Geological Sites (RIGS) and the Plan accordingly incorporates
appropriate policy protection for these sites also. |
| 4.22 |
In addition to those areas which have
been formally recognised for their nature conservation value, many
areas contain a rich mosaic of wildlife habitats including all types
of unimproved grassland, wetlands, lowland heath, upland habitats
such as heather or grass moorland as well as features such as reservoirs,
canals, road verges and even areas of wasteland; these habitats have
nature conservation value both in their own right and as corridors,
and often contribute to the character of the landscape. Consequently
the Local Plan incorporates policies to encourage the management of
features which are of importance for wild flora and fauna. |
| 4.23 |
The relative significance of these various
designations in diagram 9 below. |
| |
|
Dig. 9 Hierarchy of Site Status.
INTERNATIONAL / NATIONAL IMPORTANCE
- STATUTORY
Ramsar Sites
Sites of Special Scientific Interest (SSSI's)
Habitats of nationally rare species
REGIONAL / COUNTY / LOCAL IMPORTANCE
- NON-STATUTORY
Regionally Important Geological/Geomorphological
Sites (RIGG's)
Sites of Biological Importance (SBI's)
Local Nature Reserves (LNR's)
Designations of local value, including Wildlife corridors
|
|
| |
|
| |
After-Use of Minerals,
Waste Disposal and Derelict Sites |
| 4.24 |
Planning applications relating to the
extraction of minerals and waste disposal are determined by the County
Council and policies contained in the County Council's Minerals and
Waste Disposal Local Plans. Nevertheless the after-use of such sites
once mineral extraction or disposal has finished is a matter for the
Borough Council. There is therefore an opportunity for after-uses
to contribute to wider plan objectives in a coordinated way. Mineral
sites offer opportunities for habitat creation, landscape rehabilitation,
and informal recreation. They also offer opportunities for taking
pressure off more sensitive areas, for example making special provision
for noisy sports or horse riding. |
| 4.25 |
Coordinating after-uses with wider plan
objectives depends to a large extent on widening the brief of those
responsible for mineral planning to include a more detailed consideration
of after-use earlier in the process. Planning for a combination of
after-uses may meet strategic objectives whereas considered individually
there may be conflict between different after-uses and irrevocable
erosion of the attractiveness of the area. |
| 4.26 |
With advanced reclamation techniques,
it is now possible to minimise the impact of active mineral workings,
to recreate many types of landscape and landscape features; and to
create certain types of habitat. Accordingly the Borough Council is
keen to ensure that these opportunities are maximised and that attention
is focused on: |
| |
- promoting habitat creating, informal access, and the addition
of landscape features characteristic of the area, as part of all
reclamation schemes even when the primary emphasis may be on other
afteruse
- designing restoration proposals to make a positive contribution
and to fit well within their surroundings.
|
| 4.27 |
Similarly opportunities exist for creative
afteruse of waste disposal sites for the benefit of wildlife, landscape,
and recreation. |
| |
|
| |
Reclamation of Contaminated,
Derelict or Previously Developed Land |
| 4.28 |
The Borough contains a number of contaminated, derelict or previously
developed areas of land. Such sites have the potential to be restored
to beneficial use, attracting new development and lessening demand
for greenfield sites. The Borough Council will give particular priority
to the reclamation of those sites which:
|
| |
- present hazard to life, health or the environment;
- are considered to be important to the improvement of local amenity;
- have the potetnial for housing or employment use or to conserve
or create facilities for recreation, tourism, education, amenity,
heritage and nature conservation.
|
| |
Agricultural Land |
| 4.29 |
The Borough is a major provider of good
quality agricultural land. Almost 95% of the total land area of the
Borough is agricultural of which 17.8% is Grade 2 and 74.2% is Grade
3. The bulk of the highest quality land lies around Sandbach, Hassall,
Somerford and Somerford Booths, and between Congleton and Alsager.
|
| 4.30 |
In the past, with strong emphasis on agricultural
production, development plans laid stress on protecting the best and
most versatile agricultural land (Grades 1, 2 and 3A) from irreversible
loss to development. Although the imperative of agricultural production
has now lessened it nonetheless remains important for the Local Plan
to protect the best of our soil resource, recognising that a global
view of sustainability may, in the future, once again require greater
emphasis on food production. Where the use of agricultural land is
unavoidable the Council will seek to ensure that areas of poorer quality
are used in preference to land of a higher quality. |
| |
|
| |
Renewable Energy |
| 4.31 |
In the longer term more energy will have
to come from energy sources which emit little or no carbon dioxide,
in particular from new and renewable sources. The Government intends
to work towards a target of 10% of UK electricity being supplied by
renewable energy by 2010, the achievement of which is subject to the
costs on consumers being acceptable. The Local Plan includes policy
guidance concerning the exploitation of renewable energy sources which
acknowledges that whilst renewable energy sources offer great benefits
in addressing global concerns, and thereby complying with sustainable
development objectives, it is also necessary to give the fullest attention
to their environmental effects. |
|
top
|
|
| |
NATURAL ENVIRONMENT AND
RESOURCES POLICIES |
|
|
| TREES AND WOODLANDS
|
| NR1 |
|
| PROPOSALS FOR DEVELOPMENT
WHICH AFFECT A SITE CONTAINING EXISTING TREES OR WOODLANDS MUST INCLUDE
SUFFICIENT INFORMATION TO ENABLE ASSESSMENT OF THE POTENTIAL IMPACT
ON SUCH TREES. PROPOSALS FOR DEVELOPMENT WILL NOT BE PERMITTED WHERE
IT IS APPARENT THAT THERE WOULD BE AN ADVERSE EFFECT ON EXISTING HEALTHY
TREES OF AMENITY VALUE. ANY PERMISSION GIVEN WILL INCLUDE CONDITIONS
FOR THEIR PROTECTION DURING DEVELOPMENT WHERE APPROPRIATE BY REQUIRING
SUBMISSION AND IMPLEMENTATION OF DETAILED METHOD STATEMENTS FOR CONSTRUCTION
AND ARBORICULTURAL WORKS. |
| 4.32 |
This policy is intended
to protect trees and woodland areas in the Borough on land where development
is proposed, regardless of scale. The Council will normally requires
submission of a detailed tree survey, drawn up in conjunction with
a land survey, in accordance with British Standard 583 (1991) Guide
for Trees in Relation to Construction. |
| 4.33 |
Woodland and trees
within the Borough make a valuable contribution to its landscape and
amenity. Where there removal, reduction, planting or replacement would
have a significant impact on the local environment , the Borough Council
will consider the making of a tree preservation order or the imposition
of suitable conditions on planning permissions for development or
redevelopment in order to protect the trees during the course of the
carrying out of the development concerned. |
| 4.34 |
The Borough Council
will seek to maximise opportunities for the establishment and management
of woodlands, and community planting schemes on land from which the
public will derive benefit. |
|
|
| WILDLIFE AND NATURE
CONSERVATION |
| NR2 |
|
| PROPOSALS FOR DEVELOPMENT
THAT WOULD RESULT IN THE LOSS OR DAMAGE OF THE FOLLOWING SITES OF
NATURE CONSERVATION OR GEOLOGICAL IMPORTANCE WILL NOT BE PERMITTED:
|
- RAMSAR SITES (WETLANDS OF INTERNATIONAL IMPORTANCE)
- SITES OF SPECIAL SCIENTIFIC INTEREST (SSSI's)
- ANY SITE OR HABITAT SUPPORTING SPECIES THAT ARE PROTECTED BY
LAW
|
| DEVELOPERS WILL BE REQUIRED
TO SUBMIT A COMPREHENSIVE ASSESSMENT OF A PROPOSALS IMPACT ON NATURE
CONSERVATION AS PART OF AN APPLICATION TO DEVELOP A SITE WHICH MAY
AFFECT ANY OF THE ABOVE. |
| 4.35 |
The Borough Council
is determined to afford appropriate protection to the above irreplaceable
features of nature conservation value and, where possible, to secure
their enhancement. To these ends developers will be required to submit
a comprehensive assessment of a proposals impact on nature conservation
to standards set by English Nature as part of any application to develop
a site which may affect any of the above and consultation with English
Nature, Cheshire County Council, Cheshire Wildlife Trust and other
interested bodies will be undertaken. Any development proposal which
is accordingly advised or considered as having harmful consequences
for any such sites will be refused. All currently notified sites are
identified on the Proposals Map or Inset Maps and listed in the Technical
Appendix. During the life of the Local Plan, changes or additions
may be made to this list. |
|
|
| Habitats |
| NR3 |
|
| PROPOSALS FOR DEVELOPMENT
THAT WOULD RESULT IN THE LOSS OR DAMAGE OF THE FOLLOWING HABITATS
WILL ONLY BE ALLOWED IF THERE ARE OVERRIDING REASONS FOR ALLOWING
THE DEVELOPMENT, AND WHERE THE LIKELY EFFECTS CAN BE MITIGATED OR
THE HABITAT SUCCESSFULLY RECREATED ON OR ADJACENT TO THE SITE AND
THERE ARE NO SUITABLE ALTERNATIVES: |
- ANCIENT SEMI-NATURAL WOODLANDS
- UNIMPROVED GRASSLAND
- HEATHLAND
- IMPORTANT HEDGEROWS
- MERES AND MOSSES
- MATURE BROADLEAVED OR MIXED WOODLAND
- SPECIES-RICH GRASSLAND
- PONDS
- FLOOD PLAINS AND WATER COURSES
|
| DEVELOPERS WILL BE REQUIRED
TO SUBMIT A COMPREHENSIVE ASSESSMENT OF A PROPOSALS IMPACT ON NATURE
CONSERVATION AS PART OF AN APPLICATION TO DEVELOP A SITE WHICH MAY
AFFECT ANY OF THE ABOVE. |
| 4.36 |
The Borough Council
is determined to afford appropriate protection to the above features
of nature conservation and, where possible, to secure their enhancement.
To these ends developers will be required to submit a comprehensive
assessment of a proposals impact on nature conservation, to standards
set by English Nature as part of any application to develop a site
which may affect any of the above and consultation with English Nature,
Cheshire County Council, Cheshire Wildlife Trust and other interested
bodies will be undertaken. Any development proposal which is accordingly
advised or considered as having harmful consequences for any such
sites will only be allowed in exceptional circumstances where there
are over riding reasons for allowing the development and where the
developer can satisfactorily demonstrate that any adverse effects
can be mitigated or the habitat successfully recreated on or adjacent
to the site. |
|
|
| Non-statutory sites |
| NR4 |
|
| PROPOSALS FOR DEVELOPMENT
THAT WOULD RESULT IN THE LOSS OF OR DAMAGE TO THE FOLLOWING SITES
OF NATURE CONSERVATION OR GEOLOGICAL IMPORTANCE WILL ONLY BE ALLOWED
IF THERE ARE OVERRIDING REASONS FOR ALLOWING THE DEVELOPMENT AND THERE
ARE NO SUITABLE ALTERNATIVES: |
- SITES OF BIOLOGICAL IMPORTANCE (SBI'S) GRADES A, B OR C.
- LOCAL NATURE RESERVES (LNR'S)
- REGIONALLY IMPORTANT GEOLOGICAL AND GEOMORPHOLOGICAL SITES (RIGGS)
- WILDLIFE CORRIDORS
- ANY SITES SUPPORTING SPECIES THAT ARE RARE OR DECLINING IN THE
NORTH WEST OR CHESHIRE, OR LOCAL TO CONGLETON BOROUGH
- SITES OR HABITATS SUPPORTING SPECIES THAT ARE SUBJECT OF BIODIVERSITY
CTION PLANS OR RECORDED AS RARE OR DECLINING IN BRITAIN BUT ARE
NOT PROTECTED BY LAW
|
| WHERE UNAVOIDABLE LOSS OR
DAMAGE TO A SITE IS LIKELY AS A RESULT OF A PROPOSED DEVELOPMENT,
MEASURES OF MITIGATION AND COMPENSATION WILL BE REQUIRED ON OR ADJOINING
THE SITE TO ENSURE THERE IS NO NET LOSS OF ENVIRONMENTAL VALUE. |
| DEVELOPERS WILL BE REQUIRED
TO SUBMIT A COMPREHENSIVE ASSESSMENT OF A PROPOSALS IMPACT ON NATURE
CONSERVATION AS PART OF AN APPLICATION TO DEVELOP A SITE WHICH MAY
AFFECT ANY OF THE ABOVE. |
| 4.37 |
The Borough Council
is determined to ensure that there is no net loss of valuable nature
conservation features, and therefore wishes to afford appropriate
protection to all sites of nature conservation importance and, where
possible, to secure their enhancement. To these ends, developers will
be required to submit a comprehensive assessment of a proposals impact
on nature conservation, to standards set by English Nature as part
of any application to develop a site which may affect any of the above,
and consultation with English Nature, Cheshire County Council, Cheshire
Wildlife Trust and other interested bodies will be undertaken. Any
development proposal which is accordingly advised or considered as
having avoidable harmful consequences for any such sites will be made
subject to planning conditions or obligations to fund a comprehensive
mitigation, enhancement and compensation package, otherwise they will
be refused. |
| 4.38 |
This policy covers
non-statutory designations. All currently designated SBIs are shown
on the Local Plan Proposals Maps and listed in the Appendix. During
the life of the Local Plan, changes or additions may be made to this
list. Any additional sites which may be identified during the plan
period will also be protected by this policy as soon as they are proposed
for designation. There are two Wildlife Corridors in the Borough,
at Sandbach and at Congleton, which are defined on the Proposals Maps.
The Borough Council is to produce Supplementary Planning Guidance
in respect of Nature Conservation which will include reference to,
amongst other things, those species that are rare or declining. |
|
|
| NR5 |
|
| DEVELOPERS WILL BE REQUIRED
TO MAXIMISE OPPORTUNITIES FOR CREATING NEW WILDLIFE/NATURE CONSERVATION
HABITATS WHERE SUCH FEATURES CAN REASONABLY BE INCLUDED AS PART OF
SITE LAYOUTS AND LANDSCAPING WORKS, AND TO PRESERVING EXISTING FEATURES
OF VALUE ON SITE. |
| 4.39 |
Opportunities to
improve and enhance nature conservation are an important benefit of
the development process. Therefore, the Council will give high priority
to the creation of new wildlife/nature conservation habitats in appropriate
development schemes. |
|
|
| RECLAMATION OF LAND |
| NR6 |
|
| PROPOSALS FOR THE RECLAMATION
OF CONTAMINATED, DERELICT OR PREVIOUSLY DEVELOPED LAND INCLUDING THE
RESTORATION OF MINERAL EXTRACTION AND WASTE DISPOSAL SITES, WILL BE
PERMITTED WHERE; |
| I) |
THE PROPOSAL INVOLVES A
SITE THAT PRESENTS HAZARD TO LIFE, HEALTH OR THE ENVIRONMENT; |
| II) |
THE PROPOSAL WOULD BRING
ABOUT IMPROVEMENTS TO LOCAL AMENITY; |
| III) |
THE PROPOSAL INVOLVES A
SITE WITH POTENTIAL FOR HOUSING OR EMPLOYMENT USE, OR TO CONSERVE
OR CREATE FACILITIES FOR RECREATION, TOURISM, EDUCATION, AMENITY,
HERITAGE, AGRICULTURE AND NATURE CONSERVATION; |
| IV) |
THE PROPOSAL ACCORDS WITH
OTHER RELEVANT POLICES OF THE LOCAL PLAN. |
| 4.40 |
The Borough Council
wishes to see derelict, previously developed, and contaminated sites
returned to beneficial use. This can be useful in attracting new development
and lessening demand for greenfield sites and is a practical example
of sustainable development. |
|
|
| NR7 |
|
| THE BOROUGH COUNCIL MAY
REQUIRE SUBMISSION OF A FULL RISK ASSESSMENT, AND DETAILS FOR THE
TREATMENT AND RESTORATION OF KNOWN OR SUSPECTED DERELICT, UNSTABLE
OR CONTAMINATED SITES FOR WHICH PLANNING PERMISSION IS SOUGHT. THE
POSSIBLE RETENTION OF EXISTING FEATURES OF NATURE CONSERVATION INTEREST
SHOULD BE THE SUBJECT OF STUDY BEFORE THE SUBMISSION OF ANY DETAILED
SURVEY AND THE PREPARATION OF ANY PROGRAMME OF RESTORATION WORKS.
|
| 4.41 |
The Borough Council
will need to be assured with any planning application for the development
of known or suspected derelict or contaminated land that proper measures
are proposed to assess the degree and nature of any suspected contamination,
and to implement a programme of works to treat and restore such land
in order to ensure that there is no risk to future users of the site.
This may call for preliminary consultation with the Council, adjoining
owners and other interested bodies. A survey of the site and a programme
of restoration works may be required either at the stage of making
an outline application or when submitting further details of development.
The implementation of such a restoration programme may be the subject
of planning conditions or agreements. |
| 4.42 |
In some cases, nature
conservation aspects may have priority as a result of the site's colonisation
by flora and fauna. It is considered that such features should not
be needlessly destroyed and, for this reason, aspects of nature conservation
should be included in preliminary consultations and should feature,
where appropriate, in site appraisals and the submission of restorative
work programmes. |
|
|
| AGRICULTURAL LAND |
| NR8 |
|
| PROPOSALS WHICH INVOLVE
THE USE OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND (GRADES 1,
2 AND 3A BASED ON THE MINISTRY OF AGRICULTURE FISHERIES AND FOOD LAND
CLASSIFICATION) FOR ANY FORM OF IRREVERSIBLE DEVELOPMENT NOT ASSOCIATED
WITH AGRICULTURE WILL ONLY BE PERMITTED WHERE ALL OF THE FOLLOWING
CRITERIA ARE SATISFIED: |
| I) |
THE CIRCUMSTANCES AND NEED
FOR DEVELOPMENT ARE SUPPORTED IN THE LOCAL PLAN; AND |
| II) |
THE DEVELOPMENT CANNOT
OTHERWISE BE ACCOMMODATED USING - |
| |
A) |
ANOTHER SITE WHICH IS SUITABLE
AND AVAILABLE FOR THE PROPOSED USE |
| |
B) |
DERELICT OR NON-AGRICULTURAL
LAND |
| |
C) |
LAND OF A LOWER AGRICULTURAL
QUALITY (GRADES 3B, 4 OR 5 BASED ON THE MINISTRY OF AGRICULTURE, FISHERIES
AND FOOD LAND CLASSIFICATION); AND |
| III) |
THE PROPOSAL DOES NOT BREAK
UP A VIABLE AGRICULTURAL HOLDING OR HOLDINGS. |
| 4.43 |
In accordance with
national and strategic planning guidance, it is essential that the
highest quality agricultural land is a national resource for the longer
term and should, in general, be protected from development. |
| 4.44 |
Where, in exceptional
circumstances, new development is allowed on high quality agricultural
land, the Local Planning Authority will need to be convinced that
no other suitable land is available which is derelict, non-agricultural
or of a lower quality. Whilst acknowledging the potential for diversification
in the rural economy, it is important that new development proposals
do not affect the viability of well run agricultural enterprises to
the detriment of the local economy and the appearance of the countryside.
Proposals for development must have regard to any nature conservation
interests or value present on the site. |
|
|
| RENEWABLE ENERGY |
| NR9 |
|
| PROPOSALS FOR THE GENERATION
OF ENERGY FROM RENEWABLE SOURCES, INCLUDING ANY ENERGY TRANSMISSION
FACILITIES NEEDED, WILL ONLY BE PERMITTED WHERE THE LOCAL PLANNING
AUTHORITY ARE SATISFIED THAT: |
| I) |
THE PROPOSAL WOULD NOT
HAVE AN UNACCEPTABLE IMPACT ON LANDSCAPE OR TOWNSCAPE; |
| II) |
THE PROPOSAL WOULD NOT HAVE
AN UNACCEPTABLE IMPACT ON FEATURES AND ARES OF RECOGNISED NATURE CONSERVATION,
ARCHAEOLOGICAL, GEOLOGICAL, ENVIRONMENTAL, ARCHITECTURAL, HISTORIC,
CULTURAL OR LANDSCAPE INTEREST OR VALUE; |
| III) |
THE PROPOSAL WOULD NOT
HAVE UNACCEPTABLE CONSEQUENCES FOR RESIDENTIAL AMENITY OR OTHER LOCAL
LAND USES; |
| IV) |
THE PROPOSAL WOULD NOT
HAVE UNACCEPTABLE CONSEQUENCES FOR THE HEALTH AND SAFETY OF LOCAL
RESIDENTS OR OTHER MEMBERS OF THE PUBLIC. |
| IN THE EVENT THAT A PROPOSAL
WOULD HAVE DETRIMENTAL CONSEQUENCES, THE COUNCIL WOULD REQUIRE TO
BE SATISFIED THAT THESE ARE OUTWEIGHED BY THE LOCAL AND WIDER BENEFITS
THAT THE PROPOSAL WOULD ENGENDER AND THAT CARE HAS BEEN TAKEN WITH
THE SITING AND DESIGN OF THE PROPOSAL AND ITS LANDSCAPING IN ORDER
TO MINIMISE ANY DETRIMENTAL IMPACT, INCLUDING THAT DURING THE CONSTRUCTION
PHASE. |
| 4.45 |
The Council's support
in principle for the development of renewable energy sources needs
to be carefully weighed against its continued commitment to policies
for the protection of the local environment although it is recognised
that such proposals can involve a number of considerations peculiar
to the technology involved, including the fact that certain renewable
energy resources can only be harnessed where the resource occurs.
|
| |
 |
 |
 |
 |
 |