City of Durham - Local Plan

ENVIRONMENT

E1	Durham City Green Belt
E2	Major Developed Sites in Green Belt – Infilling
E2A	Major Developed Sites in the Green Belt – Redevelopment
E3	World Heritage Site – Protection
E4	World Heritage Site – Extension
E5	Protecting Open Spaces within Durham City
E5A	Open Spaces within Settlement Boundaries
E6	Durham (City Centre) Conservation Area
E7	Development Outside Settlement Boundaries
E8	Change of Use of Buildings in the Countryside
E9	Protection of Agricultural Land
E10	Areas of Landscape Value
E11	Environmental Improvements – Transport Corridors
E12	Environmental Improvements – Derelict/Unused Land and Buildings
E14	Protection of Existing Trees and Hedgerows
E15	Provision of New Trees and Hedgerows
E16	Protection and Promotion of Nature Conservation
E17	Sites of Special Scientific Interest
E18	Sites of Nature Conservation Importance
E19	Wildlife Corridors
E20	Local Nature Reserves
E21	Conservation and Enhancement of the Historic Environment
E22	Conservation Areas
E23	Listed Buildings
E24	Ancient Monuments and Archaeological Remains
E25	Nevilles Cross Battlefield
E26	Historic Parks and Gardens

INTRODUCTION

3.1

This Chapter of the Plan examines the natural, historic and built environment of the District and includes a series of Policies aimed at fulfilling the Council's objectives of environmental protection, conservation and enhancement

GENERAL BACKGROUND

3.2

Durham City lies at the heart of the District and its character and setting is of prime importance both nationally and internationally. Many elements contribute to its unique character including: the Cathedral and Castle which are arrestingly positioned on a wooded peninsula; its historic mediaeval core incorporating many listed buildings and much of the original mediaeval street pattern; its location in a shallow bowl of hills which form a magnificent backdrop to the historic core; and the close proximity of the surrounding countryside to the very centre of the City. Much of the central area is covered by a Conservation Area designation. The interplay of the natural and built environment, with the varied surroundings that this creates, is also a significant attribute to the character of Durham City. The priority will always be to ensure that the outstanding character and setting of this unique City is not compromised.

3.3

Beyond Durham City, the District also contains many other features of special importance. Interspersed with open countryside are Conservation Areas, listed buildings, parks and gardens of historic interest, Sites of Special Scientific Interest, Ancient Monuments, Areas of Landscape Value and Ancient Woodlands, as well as the countryside outside villages and towns which remains largely unspoilt by inappropriate development.

3.4

Whilst much of the District's environment is exceptionally attractive and worthy of protection, there are significant parts of the District which are in need of improvement. Areas of poor environment exist in shopping, housing and industrial areas throughout the District. These are caused by a variety of factors such as changing shopping patterns, a lack of landscaping, the operation of inappropriate activities, poor layout and design of existing developments, and buildings which require investment or have been neglected. The District also suffers from substantial degraded areas of countryside resulting from past mineral extraction operations.

3.5

The need to care for the environment and balance this with provision for growth and regeneration or improvement underpins the Development Plan process. The concept of sustainable development which has emerged as a guiding principle in achieving this, seeks to ensure that decisions made about development should not deny future generations the best of today's environment. Government guidance emphasises the importance of sustainability and advises that it should be pursued through a range of approaches including the regeneration of towns, a reduction in the need to travel, greater use of renewable resources and conserving the natural and built heritage.

LOCAL PLAN OBJECTIVES

3.6

The Council's objectives for the environment, to be pursued through the Policies and Proposals contained in this Chapter of the Plan are:

To protect and enhance the outstanding character and landscape setting of Durham City.
To reconcile the need for development with the need to maintain the quality of the environment.
To protect and where appropriate enhance the historic character, nature conservation interest and landscape of the District.
To ensure that new development respects its setting and the wider environment.
To improve areas of poor environment.

3.7

As can be seen from Chapter 2 of the Plan, the aim of protecting the environment and setting of Durham City underlies the Policy content of all Chapters of the Plan. In the Environment Chapter, Policies specifically aimed at achieving this are grouped at the beginning of the Chapter both for ease of reference and to reflect the importance with which the Council views this key objective.

PROTECTING THE CHARACTER AND SETTING OF DURHAM CITY

Durham City Green Belt - Context

3.8

The Government attaches great importance to Green Belts, a national designation which is used to keep land permanently open and prevent urban sprawl by strictly controlling development. Government Advice makes clear that the general extent of Green Belts should first be defined in County Structure Plans. It is then the responsibility of District Councils to define detailed boundaries.

3.9

Policy 5 of the County Durham Structure Plan makes provision for a Green Belt in North Durham which extends from Tyne and Wear, includes land to the north of Consett, Stanley and Chester-le-Street and encompasses Durham City. It recognises that all these areas experience significant development pressures related to the Tyne and Wear conurbation. More specifically the general extent to the Green Belt around Durham is to reach south westwards from Chester-le-Street, east of Kimblesworth, south of Witton Gilbert, east of Bearpark, and southwards to Croxdale and then north-eastwards to Sherburn and West Rainton, to encircle Durham City.

3.10

The Structure Plan makes clear that an all encompassing Green Belt around Durham City is necessary to preserve its special character and setting which encompasses the high quality landscape and undulating topography of open land around the City along with strategic gaps between settlements. It highlights the importance of maintaining the strategic gap between Chester-le-Street and Durham City to prevent the linking up of these urban areas.

3.11

The Structure Plan recognises that the most appropriate location for new development that cannot be accommodated in Durham City are the larger villages readily accessible to the City. However, it specifically requires the Local Plan to make provision for a Rail Interchange Facility on the Leamside Line, east of Durham City which would otherwise lie within the area of the Green Belt.

Durham City Green Belt - Boundaries

3.12

The boundaries of the Durham City Green Belt include land which is vital to the character and setting of Durham City and is likely to be subject to development pressures which cannot be controlled by normal development control policies. It includes green fingers of land that penetrate the City at Aykley Heads and Flass Vale; substantial areas of high landscape value around the City, including parts of the Browney Valley and the Wear Valley; and the strategic gap to the north of the City, adjacent to the proposed Chester-le-Street Green Belt. The detailed boundaries of the Green Belt are shown on the Proposals Map. It is acknowledged that provision should be made for particular development needs in the long term and some Areas of High Landscape Value which are capable of accommodating development of a particular type, scale and in a well designed form are specifically excluded from the Green Belt. Outer boundaries have been defined using easily recognisable features like roads and footpaths, in accordance with relevant Government Advice.

3.13

Beyond the defined Green Belt it is considered that normal planning policies will be sufficient to control development pressures. Indeed, more flexible policies are needed in this area to allow unforeseen long-term development needs for housing, employment and community facilities to be met in some of the larger villages around Durham City.

Safeguarded Land

3.14

Planning Policy Guidance Note 2 advises the Local Planning Authority that in defining Green Belt boundaries it will need to ensure that they will not be subject to alteration at the end of the Plan period. Once approved, these boundaries should only be altered in exceptional circumstances. The Guidance Note recognises that in order to ensure the protection of Green Belts within this longer timescale, it may be necessary to safeguard land to meet longer term development needs.

3.15

The Policies and proposals set out in this Local Plan are designed to ensure that the future development needs of the City of Durham until 2006 are met within the context of the Green Belt boundaries defined on the Proposals Map.

3.16

PPG2 suggests that regional strategic guidance should provide the framework for considering the issue of safeguarded land in terms of how much might be needed and where it might suitably be located. The current Regional Planning Guidance for County Durham, Cleveland and Northumberland and the Durham County Structure Plan (1999) do not provide guidance as to the allocation of safeguarded land within the City of Durham. The Structure Plan does recognise, however, that an encircling green belt will secure the effective protection of the open land surrounding Durham City and will preserve its setting and special character by preventing unplanned outward expansion of the City and coalescence with the surrounding villages. The Structure Plan furthermore acknowledges that the most appropriate location for new development in the District, if it cannot be accommodated within Durham City, is in the larger villages outside the green belt which are readily accessible to the City. This development strategy is fundamental to the Local Plan and is not seen as being prejudicial to the principle of sustainability.

3.17

The draft Regional Planning Guidance for the North East published in May 1999 endorsed the extent of the green belt around Durham City as set out in the Durham County Structure Plan. This extent has been vindicated in The Regional Planning Guidance for The North East Panel Report, published in September 2000. It acknowledges that green belt boundaries should reflect up-to-date information on urban capacity and should allow land to be safeguarded for possible future development beyond 2016. The draft Guidance recognises that the appropriate time to identify potential safeguarded land is as part of the Review process of both the Regional Planning Guidance and Durham County Structure Plan. By implication this would be undertaken without compromising the extent of the Green Belt itself.

3.18

It is the City Council's intention that the green belt boundaries defined on the Proposals Map should remain permanent and unchanged beyond the current Plan period (ie 2006). Land for longer term development needs for those settlements outside the green belt boundary defined on the Proposals Map will be identified in forthcoming Local Plan Reviews having taken into account the capacity and ability of those settlements to provide for sustainable communities.

Durham City Green Belt

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POLICY E1	WITHIN THE GREEN BELT DEFINED ON THE PROPOSALS MAP THE CONSTRUCTION OF NEW BUILDING IS INAPPROPRIATE AND WILL NOT BE PERMITTED UNLESS IT IS FOR THE FOLLOWING PURPOSES:
	1.	AGRICULTURE OR FORESTRY; OR
	2.	ESSENTIAL FACILITIES FOR OUTDOOR SPORT AND RECREATION, FOR CEMETERIES, AND FOR OTHER USES OF LAND WHICH PRESERVE THE OPENNESS OF THE GREEN BELT; OR
	3.	LIMITED INFILLING IN, OR REDEVELOPMENT OF EXISTING MAJOR DEVELOPED SITES CONSISTENT WITH POLICY E2; OR
	4.	REPLACEMENT OF AN EXISTING DWELLING WHERE THIS IS CONSISTENT WITH POLICY H6; OR
	5.	THE RE-USE OR CONVERSION OF AN EXISTING BUILDING WHERE THIS IS CONSISTENT WITH POLICY E8; OR
	6.	LIMITED EXTENSIONS OR ALTERATIONS TO EXISTING DWELLINGS WHERE THIS IS CONSISTENT WITH POLICY Q9.

Justification

3.19

Government advice makes clear that the fundamental aim of Green Belt Policy is to prevent urban sprawl by keeping land permanently open. It defines five purposes for the inclusion of land in a Green Belt.

to check the unrestricted sprawl of large built up areas;
to prevent neighbouring towns from merging into one another;
to assist in safeguarding the countryside from encroachment;
to preserve the setting and special character of historic towns;
to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

3.20

All these purposes are relevant to the Green Belt. However, the purpose of preserving the setting and special character of historic towns is of particular importance to Durham City.

3.21

The construction of new buildings for the purposes set out in Policy E1 accords with Government Advice set out in PPG2 and would not prejudice the openness of the Green Belt. Inappropriate development will only be permitted in the Green Belt in very special circumstances and will be subject to consideration by the Secretary of State.

3.21A

New development for the purposes set out in Policy U8B (Sewage Treatment Works in the Green Belt) accords with Government Advice set out in PPG2 (para. 3.4(2)).

3.22

New facilities for Park and Ride and for rail and bus users are likely to be needed in and around Durham City during the Plan period. In particular a Transport Interchange is needed at Carrville to provide passenger services for the Leamside Line. This site has been allocated under Policy T6 and inset from the Green Belt. The Park and Ride sites identified in Policy T7 at Sniperley Grove and Howlands Farm are within the Green Belt. Subject to appropriate landscape impact minimisation, this is an appropriate use in Green Belt as defined in Planning Policy Guidance Note 13, paragraph 62 and Annex E (which amends PPG2 (Green Belts).

3.23

Generally other transport facilities should be located outside the Green Belt. However, in a number of instances this may not be possible, particularly if the Leamside Line should re-open and give rise to the need for new stations (see Policy T5 and T6). Proposals for such infrastructure will be dealt with as Departures from the Development Plan and the advantage of such schemes will be carefully assessed against any harm they would cause to the openness of the Green Belt.

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POLICY E2	LIMITED INFILLING AT MAJOR DEVELOPED SITES IN THE GREEN BELT, SHOWN ON THE PROPOSALS MAP, WILL BE PERMITTED PROVIDED:
	1.	IT HAS NO GREATER IMPACT ON THE OPENNESS OF THE GREEN BELT THAN THE EXISTING OR PERMITTED DEVELOPMENT; AND
	2.	IT DOES NOT EXCEED THE HEIGHT OF EXISTING OR PERMITTED BUILDINGS; AND
	3.	IT DOES NOT LEAD TO A MAJOR INCREASE IN THE DEVELOPED PROPORTION OF THE SITE.

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POLICY E2A	THE COMPLETE OR PARTIAL REDEVELOPMENT OF MAJOR DEVELOPED SITES IN THE GREEN BELT WILL BE PERMITTED PROVIDED THAT:
		1. IT HAS NO GREATER, AND WHERE POSSIBLE HAS LESS, IMPACT THAN THE EXISTING DEVELOPMENT ON THE OPENNESS OF THE GREEN BELT AND THE PURPOSES OF INCLUDING LAND IN IT; AND
		2. CONTRIBUTES TO THE ACHIEVEMENT OF THE OBJECTIVES FOR THE USE OF LAND IN GREEN BELTS; AND
		3. DOES NOT EXCEED THE HEIGHT OF THE EXISTING BUILDINGS; AND
		4. IT DOES NOT OCCUPY A LARGER AREA OF THE SITE THAN THE EXISTING BUILDINGS.
	ANY MAJOR SITE WITHIN THE GREEN BELT BROUGHT FORWARD FOR REDEVELOPMENT WILL BE THE SUBJECT OF A DETAILED DESIGN BRIEF.

Justification

3.24

A number of longstanding institutional uses already exist in the Green Belt. These are at Finchale Training College, East Durham and Houghall Community College, Earls House Hospital, Sherburn Hospital, Frankland Prison and Remand Centre, Durham High School, Stonebridge Dairy and Howlands Farm. These sites remain within the Green Belt and consequently the Green Belt has been washed over them in accordance with the advice set out in Annex C of PPG2. Limited infilling on these sites may be justified without further prejudicing the Green Belt to help secure jobs and prosperity. The developed proportion referred to in Policy E2 should not result in a disproportionate addition over and above the size of the original building. The footprint indicated on the Proposals Map represents the limits of existing and foreseeable developments, excluding temporary/insubstantial buildings, peripheral car parking and peripheral housing development.

3.25

An initial phase of development by the University of Durham at Howlands Farm has been completed, but further college accommodation may be undertaken at this location in future years. The Green Belt boundary has therefore been drawn to reflect the development site as previously approved. The scheme was granted as an exception to strong landscape policies and was only approved subject to an extremely high quality of design and landscaping. Development within the limits of the site will be required to be of a high standard and follow established design principles.

3.26

The complete or partial redevelopment of the major developed sites may offer the opportunity for environmental improvements without adding to their impact on the openness of the Green Belt and the purposes of including land within it. Any such proposal will be the subject of a detailed design brief and will be carefully controlled in order to comply with the criteria set out in Policy E2A.

The World Heritage Site - Protection

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POLICY E3	DURHAM CATHEDRAL AND CASTLE WORLD HERITAGE SITE AND ITS SETTING WILL BE PROTECTED BY:
	1.	RESTRICTING DEVELOPMENT TO SAFEGUARD LOCAL AND LONG DISTANCE VIEWS TO AND FROM THE CATHEDRAL AND CASTLE AND PENINSULA IN ACCORDANCE WITH POLICIES E1, E5, E6, E10, E23 AND E24; AND
	2.	APPLYING POLICIES E1, E5, E6, E10, E21, E22, E23 AND E24 RELATING TO GREEN BELT, LANDSCAPE SETTING, CONSERVATION AREAS, LISTED BUILDINGS, AND ARCHAEOLOGICAL REMAINS; AND
	3.	SEEKING THE CONSERVATION AND MANAGEMENT OF BUILDINGS, ARCHAEOLOGICAL REMAINS, WOODLAND AND OPEN SPACES WHICH MAKE UP THE WORLD HERITAGE SITE AND ITS SETTING.

Justification

3.27

The area of the Cathedral and Castle shown on the Proposals Map form one of a select number of sites in Britain to be inscribed as a World Heritage Site in recognition of their outstanding historical international importance. The Government, as a signatory to the UNESCO World Heritage Convention is committed to protect and preserve these sites so that they can be enjoyed by future generations.

3.28

The Cathedral and Castle dominate the City and are arrestingly positioned on a high, wooded rocky peninsula rising from a loop in the River Wear. This is set in an intimate landscape bowl, known as the 'inner bowl', with the higher land acting as a backdrop to the World Heritage Site. The surrounding green and wooded hills, ridgelines and green fingers of land which penetrate the City form a magnificent setting for the Cathedral and Castle and include Flass Vale, Aykley Heads, Whinney Hill, Observatory Hill, Maiden Castle, Mountjoy and The Sands together with the River Wear which meanders through the City. These areas are so important to the character and setting of the City that they are protected from most types of development by Policy E1 relating to green belt, and Policies E6 and E10 relating to the protection of important landscape areas. However, it is important to ensure that even the minor forms of development that may be permissible within these Policies are not allowed to detract from the World Heritage Site.

3.29

The built environment of the City is vital to the setting of the World Heritage Site. In the Durham (City Centre) Conservation Area the character of any proposed development that might affect the World Heritage Site is strictly controlled by Policies E3 and E6. However, there are many developed areas extending beyond the Conservation Area to surrounding ridgelines which are also important in public views to and from the Cathedral and Castle, for example at Gilesgate, Newton Hall and Neville's Cross. In these areas it is important to ensure that future development or redevelopment is sympathetic to the World Heritage Site. Particular attention will need to be given to the height and roofing materials of development and to its impact on the skyline. Similarly its effect on the open space and wooded slopes of the City and its wider surroundings will need to be assessed.

3.30

As well as the 'inner bowl' there is an 'outer bowl' of hills and ridgelines, and these provide an important visual context to the City. There are many points in this outer bowl, for example at Silent Bank and New Brancepeth which provide impressive public views to and from the World Heritage Site. In the context of these long distance views there is also a need to safeguard the landscape from inappropriate development.

The World Heritage Site - Extension

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POLICY E4	THE COUNCIL WILL SEEK AN EXTENSION TO THE INSCRIBED AREA OF THE DURHAM CATHEDRAL AND CASTLE WORLD HERITAGE SITE.

Justification

3.31

Preparation and subsequent review of a Management Plan for the World Heritage Site will provide a means to ensure that its buildings, archaeological remains and open spaces are maintained. This will be undertaken in consultation with the University, and the Cathedral Chapter who own and maintain the land and buildings, which form the World Heritage Site along with the adjoining riverbanks. ICOMOS, the Department for Culture, Media and Sport, English Heritage and other agencies that have an interest in the site will also be involved. Policy E4 provides for the potential for widening the boundary of the World Heritage Site which will be pursued through the Management Plan. The creation of a "buffer zone" around a modest extension to the World Heritage Site will be similarly investigated. The current boundary of the World Heritage Site is very narrowly defined and does not include areas such as Palace Green and various buildings on the Peninsula which are integral elements that combine with the Cathedral and Castle to provide a dramatic setting at close quarters within the City and in views from surrounding countryside.

3.32

The Council will also work with owners and managers to ensure that tree cover is maintained on the wooded slopes and horizons around Durham City which are so important to its landscape setting.

Open Spaces within Durham City

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POLICY E5	OPEN SPACES WITHIN THE SETTLEMENT BOUNDARY OF DURHAM CITY WHICH FORM A VITAL PART OF ITS CHARACTER AND SETTING WILL BE PROTECTED BY:
	1.	NOT PERMITTING ANY DEVELOPMENT AT OBSERVATORY HILL OR ALONG THE RIVERBANKS EXCEPT FOR MINOR DEVELOPMENT RELATED TO EITHER THE USE OF EXISTING BUILDINGS OR OUTDOOR SPORT AND RECREATIONAL USE;
	2.	ONLY PERMITTING DEVELOPMENT WITHIN THE MOUNT OSWALD-ELVET HILL PARKLAND LANDSCAPE AREA WHICH:
		a)	DOES NOT EXCEED THE HEIGHT OF SURROUNDING TREES AND IS SYMPATHETIC TO ITS LANDSCAPE SETTING; AND
		b)	IS OF A LOW DENSITY AND SETS ASIDE MOST OF THE SITE FOR LANDSCAPING/OPEN SPACE.
	3.	NOT PERMITTING ANY DEVELOPMENT AT ST MARGARET'S CHURCH GRAVEYARD AND THE ADJOINING ALLOTMENTS EXCEPT THAT RELATED DIRECTLY TO USE AS A CHURCHYARD OR AS ALLOTMENTS:
	4.	ONLY PERMITTING DEVELOPMENT WITHIN THE AYKLEY HEADS BUSINESS PARK ALLOCATED IN POLICY EMP4c WHICH:
		a)	DOES NOT EXCEED THE HEIGHT OF SURROUNDING TREES; AND
		b)	ACCEPTS THE NEED TO REINFORCE THE EXISTING PLANTING ALONG THE EASTERN BOUDNARY OF THE SITE PRIOR TO DEVELOPMENT COMMENCING; AND
		c)	IS SYMPATHETIC TO ITS LANDSCAPE SETTING; AND
		d)	DOES NOT COMPROMISE THE QUALITY OF THE ADJACENT AREA OF HIGH LANDSCAPE VALUE.

Justification

3.33

In addition to the area designated as Green Belt there are a range of public and private open spaces within the built up area of Durham City which also require protection because of their special landscape significance and importance to the character and setting of the City. These areas include:

Observatory Hill which forms an impressive backdrop to the City as a whole and to the Cathedral and Castle World Heritage Site in particular. This area includes a number of sport and recreational facilities. Small scale developments associated with these uses, for example, sports pavilions, may be acceptable.
The wooded banks of the River Wear which are integral to the character and setting of the City and the World Heritage Site. Acceptable minor sport and recreational development along the River Banks includes small scale boathouses, a use which is important to the recreational value of the river. Any such development must be sympathetic in its design, size and location. It is also important that development, including increased recreational use along the riverbanks, takes full account of nature conservation interests, particularly with regard to otters, water voles and their habitats.
The Mount Oswald-Elvet Hill parkland landscape area which contributes greatly to the open approaches to the City. It is considered that this attractive parkland setting could absorb a limited amount of additional low density development provided it is sensitively designed and laid out. Any development proposals should be consistent with Policy EMP3 which allocates part of this area for high quality strategic employment purposes.
Smaller open spaces which break up the urban form and are important to the small scale character of the City. These include areas of great historic, as well as visual importance such as the two major areas of planned open space on either side of the Cathedral at Palace Green and the College. It also includes areas like allotments and cemeteries (eg St. Margaret's Church Graveyard and the adjoining allotments south of Grape Lane) which provide important visual relief and contrast to the urban environment.
The Aykley Heads Business Park allocated in Policy EMP4c forms part of the attractive Aykley Heads parkland estate which is one of the important wedges of open space overlooking the City. Although the Business Park site lies within the settlement boundary of Durham City, it abuts both the Green Belt and the AHLV. It is important, therefore, that any new development should respect the environmental integrity of this part of Durham. The criteria set out in Policy E5 seek to achieve that objective.

Open Spaces within Settlement Boundaries

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POLICY E5A	DEVELOPMENT PROPOSALS WITHIN SETTLEMENT BOUNDARIES THAT DETRACT FROM OPEN SPACES WHICH POSSESS IMPORTANT FUNCTIONAL, VISUAL OR ENVIRONMENTAL ATTRIBUTES, WHICH CONTRIBUTE TO THE SETTLEMENT'S CHARACTER OR TO THE SMALL SCALE CHARACTER OF AN AREA, WILL NOT BE PERMITTED.

Justification

3.33A

Open spaces within the District's settlements, for example, amenity areas (in housing estates), cemeteries, or churchyards, often form an important part of their character. Development proposals, including their change of use, which would detract from this character will be resisted.

Durham (City Centre) Conservation Area

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POLICY E6	THE SPECIAL CHARACTER, APPEARANCE AND SETTING OF THE DURHAM (CITY CENTRE) CONSERVATION AREA WILL BE PRESERVED OR ENHANCED BY:
	1.	ENCOURAGING ALL PROPOSALS FOR NEW BUILDING TO:
		a)	EXHIBIT SIMPLE, ROBUST SHAPES, HAVE A CLEAR PREDOMINANCE OF WALL SURFACE OVER OPENINGS AND BE RESTRICTED TO A LIMITED RANGE OF EXTERNAL MATERIALS; AND
		b)	HAVE SIMPLE TRADITIONAL ROOFS WHICH DO NOT CREATE LONG OR CONTINUOUS RIDGE OR EAVES LINES AND WHICH DO NOT INCLUDE REFLECTIVE SURFACES SUCH AS GLASS; AND
		c)	REFLECT A QUALITY OF DESIGN APPROPRIATE TO THE HISTORIC CITY CENTRE; AND
		d)	USE EXTERNAL BUILDING MATERIALS WHICH ARE THE SAME AS, OR ARE SYMPATHETIC TO THE TRADITIONAL MATERIALS OF THE HISTORIC CITY OR AN INDIVIDUAL STREET; AND
		e)	FRAGMENT PROPOSALS FOR LARGE BUILDINGS INTO BLOCKS OF VISUALLY SMALLER ELEMENTS IN A WAY WHICH IS SYMPATHETIC TO THE HISTORIC CITY CENTRE.
	2.	NOT GRANTING PLANNING PERMISSION FOR DEVELOPMENT OR DEMOLITION WHICH WOULD DAMAGE THE HISTORIC PROFILE OF BUILDINGS RUNNING FROM THE SOUTH BAILEY, THROUGH NORTH BAILEY, SADDLER STREET, THE MARKET PLACE AND CLAYPATH.
	3.	APPLYING CONSERVATION AREA POLICY E22, AND SHOP FRONT POLICIES Q11 AND Q12.

Justification

3.34

Durham (City Centre) Conservation Area is widely recognised as being of outstanding importance and encompasses the mediaeval core of the City including the Cathedral and Castle World Heritage Site. To reflect the special importance of Durham (City Centre) Conservation Area, Policy E6 expands on part 1 of Policy E22, a general conservation area policy that applies to all Conservation Areas throughout the District. Policy E6 is intended to ensure that all new development is sympathetic to the character of the Conservation Area although simply following these requirements is no guarantee of success and is no substitute for a skilled design by a sympathetic architect. The Policy is not intended to rule out modern architecture which can, if sensitively designed and appropriately situated, enhance the quality of the Conservation Area.

3.35

Apart from the Cathedral and Castle, the Durham (City Centre) Conservation Area is generally characterised by its intimate scale. The design and scale of new development needs to reflect these qualities. There are a number of views within, and to, the Conservation Area which are particularly important. These include views to the miscellany of pitched roofs beneath the Cathedral and Castle and views of the length of buildings running from South Bailey, through North Bailey, Saddler Street, Fleshergate and the Market Place to Claypath (a view which is panoramic from the Main Line Railway).

3.36

The character of shopfronts and advertisements in the Conservation Area is controlled by Policies Q11, Q12 and Q16.

DEVELOPMENT IN THE COUNTRYSIDE

Development Outside Settlement Boundaries

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POLICY E7	PLANNING PERMISSION FOR DEVELOPMENT IN THE COUNTRYSIDE, OUTSIDE THE SETTLEMENT BOUNDARIES, DEFINED ON THE PROPOSALS MAP WILL ONLY BE PERMITTED WHERE IT ACCORDS WITH POLICIES E8, H4, H5, H6, H15, EMP7, EMP16, EMP17, EMP17A, R10, R16, R17, R18, V7, C3, U8 OR U15 OF THE PLAN.

Justification

3.37

The countryside is a finite resource and since the 1950s it has been an important aim of national policy to protect it for its own sake. Many elements of the countryside, such as landscape character, nature conservation, and high quality agricultural land are also highly valued and worthy of protection in their own right. For this reason development outside existing settlement boundaries, as defined on the proposals map, will not normally be allowed.

3.38 The most appropriate location for most housing, business, retail development and community facilities is within existing settlements and sufficient sites have been allocated within the settlement boundaries defined on the proposals map to meet social and economic needs over the Plan period. However, there are a number of exceptional circumstances where development outside settlement boundaries in the countryside may be considered acceptable.

3.39 Settlement boundaries are intended to act as a practical planning tool and do not define settlements in an historical or community sense. Boundaries have been drawn around the built up area of settlements to include those areas where it is considered that further development would either consolidate the settlement or serve an identified need in a way which is sympathetic to its character. This may be development that is allocated elsewhere in the Plan or is proposed on an infill basis and conforms with other policies. However, the need to maintain and enhance the character of residential areas and the quality of life for its residents is an important objective of the local plan. Therefore the inclusion of land within the settlement boundary does not automatically imply its suitability to accommodate development. Any development proposals will be determined in accordance with the overall policies and strategy of the plan and national planning policy which outlines the preference given to the development of previously developed land and buildings, prior to the development of greenfield sites. Generally areas such as allotment gardens, playing fields and cemeteries on the edge of settlements have been excluded from settlement boundaries to make clear that development will not be appropriate in these peripheral locations

Change of Use

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POLICY E8	THE CHANGE OF USE OF A BUILDING LOCATED IN THE COUNTRYSIDE WILL ONLY BE PERMITTED IF:
	1.	BUILDINGS ARE OF PERMANENT OR SUBSTANTIAL CONSTRUCTION AND MAJOR EXTENSION OR REBUILDING WORK IS NOT REQUIRED; AND
	2.	ANY VISUAL, ARCHITECTURAL OR HISTORIC INTEREST INTRINSIC TO THE BUILDING IS RETAINED; AND
	3.	THE APPEARANCE OF UNSIGHTLY BUILDINGS IS IMPROVED; AND
	4.	NO SIGNIFICANT ADVERSE EFFECT ON THE CHARACTER AND APPEARANCE OF THE COUNTRYSIDE, THE OPENNESS OF THE GREEN BELT, OR THE AMENITY OF NEIGHBOURING OCCUPIERS WOULD RESULT; AND
	5.	TRAFFIC MOVEMENTS GENERATED BY THE USE CONFORM WITH POLICY T1; AND
	6.	IN THE CASE OF PROPOSALS FOR RESIDENTIAL RE-USE, THE APPLICANTS HAVE DEMONSTRATED THAT THEY HAVE MADE EVERY REASONABLE ATTEMPT TO SECURE SUITABLE BUSINESS RE-USE, AND THE APPLICATION IS SUPPORTED BY A STATEMENT OF THE EFFORTS WHICH HAVE BEEN MADE; OR RESIDENTIAL CONVERSION IS A SUBORDINATE PART OF A SCHEME FOR BUSINESS RE-USE.
	IN ADDITION, PROPOSALS FOR THE CHANGE OF USE OF TRADITIONAL FARM BUILDINGS (BOTH IN THE COUNTRYSIDE AND WITHIN SETTLEMENT BOUNDARIES) WILL HAVE TO CONFORM WITH THE REQUIREMENTS SET OUT IN APPENDIX 6.

Justification

3.40

There are many opportunities for re-using or adapting buildings in the countryside for new commercial, industrial, residential, sporting or recreational uses. This can extend the useful life of buildings and minimise the number of buildings in the countryside falling into disuse and dereliction. National planning policy (as set out in PPG7) states a preference for business re-use rather than residential conversion. When considering applications for change of use of buildings in the countryside to residential the Council will require the application to be supported by a statement of the efforts which have been made to secure a suitable business re-use of the building. This statement should demonstrate that the building has been marketed for the use proposed for a period of at least six months.

3.41

Where the building is an important feature in the landscape or is of visual architectural or historic importance any alteration related to its change of use, such as the creation of new window and door openings, may result in significant harm to its appearance. In addition, works associated with conversions such as the creation of new car parks can introduce jarring elements which detract from the appearance of the countryside or adversely affect the amenity of neighbouring occupiers. Residential uses in particular may be impossible to accommodate as they often require extensive alterations to be made to buildings along with the introduction of obtrusive features such as garages. Where permission is granted for conversion, permitted development rights normally attached to development will be withdrawn to protect the character of the building, and its landscape setting.

3.42

Existing unsightly buildings often detract from the countryside in which they are situated. In such cases additional works may be required in order to achieve improvement to the appearance of the building, its curtilage or buildings which form part of the setting of the proposal and are within the applicants control.

3.43

The Council will consult English Nature and other wildlife bodies in cases where it is considered likely that buildings accommodate species such as bats which are protected under the Wildlife and Countryside Act 1981 as amended, and The Conservation (Natural Habitats, & c.) Regulations 1994. Conversions will only be approved if satisfactory safeguards for those species can be agreed.

3.44

This Policy does not apply to buildings which are derelict and which would require substantial rebuilding work to bring them back into use. Any proposed rebuilding of such properties will be treated as new development in the countryside and will be subject to Policies H5 and EMP16.

Agricultural Land

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POLICY E9	PLANNING PERMISSION FOR DEVELOPMENT WHICH WOULD RESULT IN THE IRREVERSIBLE LOSS OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND WILL NOT BE GRANTED UNLESS OPPORTUNITIES HAVE BEEN ASSESSED FOR ACCOMMODATING DEVELOPMENT ON:
	1)	PREVIOUSLY-DEVELOPED LAND; AND
	2)	ON LAND WITHIN EXISTING SETTLEMENT BOUNDARIES; AND
	3)	ON POORER QUALITY AGRICULTURAL LAND.
	IT SHOULD ALSO BE DEMONSTRATED THAT THE NEED FOR DEVELOPMENT ON THE BEST AND MOST VERSATILE LAND OVERIDES THE NEED TO PROTECT SUCH LAND.

Justification

3.45

The best and most versatile agricultural land is defined as Grade 1, 2 and 3a in the Ministry of Agriculture, Fisheries and Food (M.A.F.F.) Agricultural Land Classification System. Such land is regarded as a long term natural resource and considerable weight should be given to its protection. Most agricultural land in the District does not fall into the category of best and most versatile but MAFF survey work in relation to individual development proposals has identified a proportion of land as Grades 2 and 3a and therefore worthy of particular protection.

3.46

Government policy has changed in recent years putting increased emphasis on reducing production, encouraging diversification, and protecting the countryside for its own sake rather than its productive value. Reduced prosperity in the agricultural economy is giving rise to proposals for farm diversification and a continued trend for full time farms to become larger in size. Within this changing framework farmers will increasingly have a role in maintaining and enhancing the appearance and nature conservation interest of the countryside.

THE LANDSCAPE AND APPEARANCE OF THE DISTRICT

Areas of Landscape Value

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POLICY E10	THE COUNCIL WILL PROTECT THE LANDSCAPE VALUE OF THE DISTRICT IN RESPECT OF DEVELOPMENT WHICH IS ACCEPTABLE UNDER POLICIES E1, E3, E5, E7 AND E8 AND U8 BY:
	1.	RESISTING DEVELOPMENT WHICH WOULD HAVE AN UNACCEPTABLE ADVERSE IMPACT UPON THE LANDSCAPE QUALITY OR APPEARANCE OF THE AREA OF HIGH LANDSCAPE VALUE DEFINED ON THE PROPOSALS MAP; AND
	2.	REQUIRING THAT DEVELOPMENT RESPECTS THE CHARACTER OF ITS LANDSCAPE SETTING IN TERMS OF ITS SITING, DESIGN, SCALE, MATERIALS, LANDSCAPING, PROTECTION OF EXISTING LANDSCAPE FEATURES AND RELATIONSHIP WITH NEARBY BUILDINGS.
	WHERE ESSENTIAL INFRASTRUCTURE DEVELOPMENT CANNOT MEET THESE SPECIFIC DESIGN REQUIREMENTS, THE DEVELOPER WILL NEED TO DEMONSTRATE, TO THE SATISFACTION OF THE COUNIL, THAT THE PROPOSALS CAN BE DESIGNED IN SUCH A WAY AS TO ENSURE THAT IT WILL NOT HAVE AN UNACCEPTABLE ADVERSE IMPACT UPON THE LANDSCAPE SETTING.

Justification

3.47

The Area of High Landscape Value is an area of countryside where the overall quality of the landscape is particularly high and would be damaged by inappropriate development, even of a minor nature. The Area of High Landscape Value is shown on the Proposals Map and is broadly based on the valley of the River Wear, River Browney, and Sherburn Beck. It contains some of the most significant surviving areas of intact, mature and unspoilt rural landscapes in County Durham. As a result, the vast majority of this area is included in either the proposed Green Belt or Parks and Gardens of historic interest and is therefore also subject to Policies E1 and E26 of the Plan. Much of the Area of High Landscape Value is of paramount importance in respect of the setting and historic character of Durham City.

3.48

The Area of High Landscape Value shown on the Proposals Map is taken from the revised landscape assessment carried out by the Council's Landscape Consultants in mid 1999.

3.49

Outside the Area of High Landscape Value there are many distinctive and attractive areas of landscape. Many factors contribute to making an area distinctive including geology, topography, tree cover, vegetation, grassland and the scale of fields. It is important to ensure that development, which is considered to be acceptable in principle, respects the particular characteristics and distinctiveness of its landscape setting in terms of siting, design, materials and retention of important landscape features. Policy E10 does not seek to oppose all development, but only that which would have an unacceptable adverse impact upon the quality of that part of the landscape which is of high value.

3.49A

Where essential infra structure development cannot meet the specific design requirements set out in Criteria 1 and 2 of Policy E10, the developer will need to demonstrate, to the satisfaction of the City Council, that the proposal can be designed in such a way as to ensure that it will not have an unacceptable adverse impact upon its landscape setting. Examples of such developments could include sewage treatment works required under Policy U8.

Environmental Improvements to Transport Corridors

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POLICY E11	THE COUNCIL WILL PROTECT AND ENHANCE AREAS VISIBLE FROM THE ROAD NETWORK, RAILWAY LINES AND RECREATION ROUTES BY:
	1.	SEEKING TO IMPROVE UNSIGHTLY LAND AND BUILDINGS, WITH EMPHASIS ON AREAS VISIBLE FROM MAIN TRANSPORT ROUTES; AND
	2.	SEEKING TO PROTECT LANDSCAPE AND BUILT FEATURES WHICH CONTRIBUTE TO THE CHARACTER OF AREAS; AND
	3.	NOT PERMITTING DEVELOPMENT WHICH UNACCEPTABLY ADVERSELY DETRACTS FROM SUCH ROUTES.

Justification

3.50

The impression gained when travelling into and through the area moulds people's perceptions of the District and this can have an important bearing on future economic and tourism investment. For this reason the Council will support measures to enhance the appearance of the District from main road and railway lines routes as opportunities arise. New development adjacent to all transport routes will be expected to make a positive contribution and to incorporate landscaping and other appropriate measures to enhance the environment.

3.51

Wherever possible, farmers should seek to site agricultural buildings sympathetically in relation to views from roads and footpaths, taking into account the extent of their holdings and nature of their farming activities. Where buildings can only be sited in prominent locations, appropriate landscaping and sympathetic materials will be required to minimise their impact.

3.52

Public footpaths, bridleways and recreational cycle-paths need to offer an attractive environment to ensure that people continue to enjoy and appreciate them. The Council is, therefore, concerned to protect their appearance and encourage the improvement of areas visible from these routes for the benefit of residents and visitors.

Derelict Land

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POLICY E12	THE COUNCIL WILL IMPROVE THE APPEARANCE OF THE DISTRICT BY:
	1.	SEEKING THE RECLAMATION OF DERELICT LAND; OR
	2.	SEEKING THE BENEFICIAL USE OF AREAS OF VACANT AND UNDERUSED LAND AND BUILDINGS.

Justification

3.53

The reclamation of derelict land enhances its attractiveness and helps to secure its efficient use. At 1st April 1997 there was some 93 hectares of derelict land, almost all of it within the rural area.

3.54

Most of the derelict land is made up of former quarries and mine workings situated in the east of the District. This area is also where most current quarrying and waste disposal activity is currently taking place. It is particularly important that, wherever possible, derelict land is reclaimed in this area in order to improve the wider environment for local communities which have already suffered the adverse effects of mineral extraction for many decades.

3.55

Poor landscape frequently exists on the fringe of settlements with attendant problems of trespass and vandalism. These problems need to be tackled in partnership with landowners in order to resolve conflicts and assist in the maintenance and improvement of the landscape.

3.56

The reclamation of derelict and degraded areas in the countryside should be used to provide new opportunities for recreation, tourism and nature conservation by, for example, creating wetlands, grassland, woodlands, footpaths, picnic areas and wildlife areas.

3.57

Derelict, vacant and underused land may have developed significant nature conservation interest and reclamation proposals will be assessed against Policy E16 to determine the significance and potential management of such areas.

Trees and Hedgerows

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POLICY E14	IN CONSIDERING PROPOSALS AFFECTING TREES AND HEDGEROWS THE COUNCIL WILL:
	1.	NOT PERMIT DEVELOPMENT WHICH WOULD RESULT IN THE LOSS OF ANCIENT WOODLAND; AND
	2.	DESIGNATE TREE PRESERVATION ORDERS AS NECESSARY; AND
	3.	REQUIRE DEVELOPMENT PROPOSALS TO RETAIN AREAS OF WOODLAND, IMPORTANT GROUPS OF TREES, COPSES AND INDIVIDUAL TREES AND HEDGEROWS WHEREVER POSSIBLE AND TO REPLACE TREES AND HEDGEROWS OF VALUE WHICH ARE LOST; AND
	4.	REQUIRE A FULL TREE SURVEY TO ACCOMPANY PLANNING APPLICATIONS WHEN DEVELOPMENT MAY AFFECT TREES INSIDE OR OUTSIDE THE APPLICATION SITE.

Justification

3.60

Trees and hedgerows are a vital and valuable resource which contribute to the character and quality of both the countryside and the urban area. They also provide opportunities for recreation and wildlife and on a global scale they stabilise the atmosphere by consuming carbon dioxide and producing oxygen. Old trees and hedgerows, in particular, can have a particularly high nature conservation value. Many hedgerows benefit from protection under the hedgerow regulations 1997 which can be used to prevent their removal.

3.61

Tree Preservation Orders are used to protect important trees of amenity or landscape value in the City from felling or damaging treatment. The Council will continue to designate them when necessary, and recognises the importance of trees, particularly in the urban environment. Trees within conservation areas already benefit from a degree of protection.

3.62

English Nature have identified a number of areas of 'Ancient Woodland' of over 1 hectare which are annotated on the Proposals Map and which are considered to have had continuous woodland cover since at least 1600. Such areas are likely to be rich in mature trees and have a diverse range of flora and fauna. They form habitats which cannot be recreated and attention will be given to ensuring that their special characteristics are maintained, both through the protection given by this policy which seeks to protect all areas of Ancient Woodland, irrespective of size and through appropriate management.

3.63

Trees have too often in the past been lost as a result of new development. Trees on or adjacent to development sites should be treated as a site constraint from the earliest stage of the design process and their retention and integration into the development should be an objective in drawing up proposals. To ensure that this is properly carried out the Council will require a tree survey to be provided with planning applications which grades each tree's physical condition. The Council will then take account of the species, age, rarity value and visual importance of the tree and determine whether it should be retained.

3.64

In areas where trees are likely to be affected by trenching in association with the installation of telecommunications equipment, the operator will be expected to comply with the Telecommunications Code as set out in Schedule 2 of the Telecommunication Act 1984. All utility operators should also refer to National Joint Utilities Publication No. 10 - Guidelines for the Planning, Installation and Maintenance of Utility Services in Proximity to Trees.

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POLICY E15	THE COUNCIL WILL ENCOURAGE TREE AND HEDGEROW PLANTING. THE FOLLOWING AREAS WILL BE CONSIDERED PARTICULARLY APPROPRIATE FOR PLANTING:
	1.	URBAN FRINGE AREAS
	2.	WITHIN URBAN AREAS
	3.	MAJOR DEVELOPED SITES
	4.	ALONG MAIN TRANSPORT ROUTES AND FOOTPATHS
	5.	THE GREAT NORTH FOREST
	6.	POORLY RECLAIMED SITES

Justification

3.65

Tree planting adds to the diversity of the landscape, provides opportunities for recreation and wildlife, and can be used as a method of agricultural diversification. Tree planting is particularly valuable means of improving the appearance of town and village centres and softening the edges of urban areas. Similarly, structural planting can have a major impact upon reducing the effect of major development within the environment as referred to in Policy Q6 and increasing the perceived attractiveness of an area for investment and regeneration. It is also extremely beneficial in improving sterile areas of landscape caused by the poor reclamation of past mineral sites. The Council will develop a woodland planting and management strategy and investigate where new tree planting would be most beneficial in landscape, wildlife and recreation terms. Implementation will be achieved by tree planting on Council owned land, requiring appropriate tree planting in conjunction with development proposals, seeking grant assistance, and offering support and advice to landowners.

3.66

The Great North Forest is a community forest project based around South Tyneside and North County Durham, covering an area of 62 square miles. A small area to the north east of the District is within the project area for the Great North Forest. It is intended that the forest will include areas for sport, recreation and leisure, as well as agriculture. Implementation will be achieved through grant assistance, expert advice and reclamation schemes.

3.67

The condition of many rural woodlands is deteriorating because they are not being actively managed. Traditional woodland management involving selective felling and promoting regeneration can be the most effective way of maintaining the ecology of deciduous plantations. The Council in partnership with other bodies like Durham County Council and the Forestry Commission will encourage landowners to manage their woodland properly and encourage economic activity in woodlands which support their sustainable management.

NATURE CONSERVATION

The Natural Environment

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POLICY E16	THE COUNCIL WILL PROTECT AND ENHANCE THE NATURE CONSERVATION ASSETS OF THE DISTRICT BY:
	1.	REQUIRING DEVELOPMENT PROPOSALS, WHERE APPROPRIATE, OUTSIDE SITES SPECIFICALLY PROTECTED FOR THEIR NATURE CONSERVATION IMPORTANCE TO:
		a)	IDENTIFY ANY SIGNIFICANT NATURE CONSERVATION INTEREST THAT MAY EXIST ON OR ADJACENT TO THE SITE BY SUBMITTING SURVEYS OF WILDLIFE HABITATS, PROTECTED SPECIES AND FEATURES OF ECOLOGICAL, GEOLOGICAL AND GEOMORPHOLOGICAL INTEREST; AND
		b)	AS FAR AS POSSIBLE AVOID ANY UNACCEPTABLE HARM TO NATURE CONSERVATION INTERESTS AS A RESULT OF THE DEVELOPMENT; AND
		c)	PROVIDE MITIGATION MEASURES TO MINIMISE UNACCEPTABLE ADVERSE EFFECTS ON IDENTIFIED NATURE CONSERVATION INTERESTS THAT CANNOT BE AVOIDED.
	2.	INCLUDING COMPENSATION MEASURES TO OFFSET ANY HARM TO IDENTIFIED NATURE CONSERVATION INTERESTS WHICH CANNOT BE COMPLETELY AVOIDED OR MITIGATED; AND
	3.	SEEKING TO ENHANCE THE NATURE CONSERVATION VALUE OF THE DISTRICT THROUGH THE CREATION AND MANAGEMENT OF NEW WILDLIFE HABITATS AND NATURE CONSERVATION FEATURES IN DEVELOPMENT SCHEMES AND IN THE MANAGEMENT OF EXISTING AREAS OF OPEN SPACE.

Justification

3.68

A range of sites are specifically protected by other Policies in the Plan for their nature conservation interest. These include Sites of Special Scientific Interest (Policy E17), Sites of Nature Conservation Importance (Policy E18), Local Nature Reserves (Policy E20), Ancient Woodlands (Policy E14 (1)) and other biological and earth science interests. This natural heritage, which includes geological features, is not, however, confined to these designated sites but is found throughout the countryside and on development sites and open spaces within settlements. Indeed, urban sites often have an added importance to local people due to their close proximity to home and workplace. Linear landscape features like hedges and streams which facilitate the movement and migration of fauna and flora (protected by Policy E19) are also extremely important in providing links between wildlife sites and surrounding countryside.

3.69

Where nature conservation interest is likely to occur to some degree, including both within and beyond identified/designated sites, including buildings, where species occur, development proposals will be required to identify any significant nature conservation interest that may exist on or adjacent to the site and to either avoid or to minimise any adverse effects on nature conservation as a result of the development.

3.70

Development schemes outside sites which are specifically protected for their wildlife value can usually avoid significant harm to nature conservation interest through sensitive design and layout and timing/programming of works. Occasionally, the need for the development will justify the loss of the feature and, in order to maintain nature conservation interest in the area, it is desirable to mitigate, or compensate for this by, for example, appropriate habitat creation elsewhere in the site or locality. Habitat creation within the context of nature conservation includes geological and landform features. This is particularly important for wetland features as their presence has rapidly declined. Efforts should be made to incorporate wetland features within sustainable drainage schemes.

3.71

Many species of flora and fauna are protected by the Wildlife and Countryside Act 1981 and the Badgers Act 1991. Buildings, as well as wildlife sites can be important habitats for protected species, for example as bat roosts or bird nesting sites. The Council will seek the advice of English Nature about development proposals that may affect protected species or their habitats.

3.72

It is also important to create new sites of nature conservation interest. This will be pursued through regeneration, reclamation or other development schemes and through changes in the management of open spaces. Particular attention will be given to the creation of wildlife sites in urban areas in order to provide opportunities for education and to enable residents and voluntary groups to participate in the creation, enhancement, and management of sites.

Sites of Special Scientific Interest

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POLICY E17	DEVELOPMENT THAT IS LIKELY TO ADVERSELY AFFECT A DESIGNATED OR NOTIFIED SITE OF SPECIAL SCIENTIFIC INTEREST OR NATIONAL NATURE RESERVE EITHER DIRECTLY OR INDIRECTLY WILL ONLY BE PERMITTED IF IT CAN BE DEMONSTRATED THAT:
	1.	THE PROPOSAL IS OF OVER-RIDING NATIONAL IMPORTANCE; AND
	2.	THE DEVELOPMENT CANNOT BE LOCATED ELSEWHERE; AND
	3.	REMEDIAL MEASURES ARE TAKEN TO MINIMISE THE ADVERSE EFFECTS ASSOCIATED WITH THE SCHEME AND COMMENSURATE EFFORTS ARE MADE TO COMPENSATE FOR ANY UNAVOIDABLE DAMAGE BY APPROPRIATE HABITAT CREATION.

Justification

3.73

There are currently 11 sites of Special Scientific Interest (SSSIs) in the City. These are shown on the Proposals Plan and are located at Brasside Pond, Butterby Oxbow, Cassop Vale, Crime Rigg Quarry, Pittington Hill, Quarrington Hill Grassland, Raisby Hill Grassland, Raisby Hill Quarry, Sherburn Hill, Town Kelloe Bank, and Trimdon Limestone Quarry. Any further sites which may be designated during the lifeline of the Plan will also be subject to this Policy. SSSIs are notified by English Nature as being of national importance for nature conservation and local planning authorities are required to consult English Nature about any proposal within an SSSI, or that may directly or indirectly affect the interest of an SSSI.

3.74

Cassop Vale SSSI has been declared a National Nature Reserve and is shown on the Proposals Plan. The essential characteristic of National Nature Reserves is that they are areas of national and sometimes international importance which are primarily used and managed for nature conservation.

3.75

The Council will require an Environmental Statement to be provided with all development proposals that are likely to affect an SSSI and will place considerable weight on the views of English Nature and other relevant bodies in assessing such proposals.

Sites of Nature Conservation Importance (County Wildlife Sites)

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POLICY E18	THE COUNCIL WILL SEEK TO SAFEGUARD SITES OF NATURE CONSERVATION IMPORTANCE INCLUDING REGIONALLY IMPORTANT GEOLOGICAL AND GEOMORPHOLOGICAL SITES (RIGS). DEVELOPMENT WHICH WOULD BE DETRIMENTAL TO THEIR NATURE CONSERVATION INTEREST WILL NOT BE PERMITTED UNLESS IT IS DEMONSTRATED THAT:
	1.	THE BENEFITS FROM THE DEVELOPMENT OUTWEIGH THE NATURE CONSERVATION INTEREST OF THE SITE; AND
	2.	THERE ARE NO ALTERNATIVE SUITABLE SITES FOR DEVELOPMENT ELSEWHERE IN THE COUNTY OR REGION AS APPROPRIATE; AND
	3.	COMMENSURATE MEASURES ARE TAKEN TO MINIMISE THE ADVERSE EFFECTS ASSOCIATED WITH THE SCHEME AND REASONABLE EFFORT IS MADE BY APPROPRIATE HABITAT CREATION OR ENHANCEMENT IN THE VICINITY TO COMPENSATE FOR ANY UNAVOIDABLE DAMAGE.

Justification

3.76

Sites of Nature Conservation Importance (SNCIs) are areas which have been defined by Durham County Council as having wildlife or geological interest, of county wide importance. A number of geological sites defined as Sites of Nature Conservation Importance are also considered to be of regional significance. Currently 45 SNCIs have been identified by Durham County Council and these are shown on the Proposals Map. Other sites may be identified over the Plan period. As well as being important for their wildlife and geological interest many sites are a valuable resource for amenity, recreation, education and research. Advice in conserving and managing SNCIs is available from Durham County Council, Durham City Council and local wildlife trusts.

3.77

A number of sites of Nature Conservation Importance are situated in areas which have outstanding planning permissions. Where an outstanding planning permission is likely to damage a Site of Nature Conservation Importance the Council in partnership with Durham County Council will negotiate with the owner to attempt to either protect the SNCI or maintain nature conservation interest in the vicinity.

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POLICY E19	THE COUNCIL WILL SEEK TO:
	1.	PROTECT THE VALUE AND INTEGRITY OF LANDSCAPE FEATURES WHICH CONTRIBUTE TO THE WEAR, BROWNEY AND DEERNESS VALLEY WILDLIFE CORRIDORS BY ENSURING THAT COMMENSURATE MEASURES ARE TAKEN TO MINIMISE THE ADVERSE EFFECTS ASSOCIATED WITH DEVELOPMENT PROPOSALS AND REASONABLE EFFORT IS MADE, BY APPROPRIATE HABITAT CREATION OR ENHANCEMENT IN THE VICINITY, TO COMPENSATE FOR ANY UNAVOIDABLE DAMAGE.
	2.	CREATE NEW WILDLIFE CORRIDORS BETWEEN URBAN OPEN SPACES, SITES OF NATURE CONSERVATION VALUE, AND THE COUNTRYSIDE IN NEW DEVELOPMENT SCHEMES AS OPPORTUNITIES ARISE.

Justification

3.78

Many linear features such as rivers, streams, hedgerows, woodlands and the uncultivated edges of footpaths, roads and railways function as wildlife corridors providing a continuity of habitat which is essential to migration, dispersal and genetic exchange of many plant and animal species. Linear landscape features along which wildlife can move and live are paramount in maintaining biodiversity in the District and in ensuring key habitats maintain their quality and range of species. Most features which act as wildlife corridors are in open countryside but wildlife corridors in urban areas are particularly important enabling wildlife to spread into the heart of urban areas and allowing residents to enjoy the natural environment near to where they live and work.

3.79

The Council will seek to protect the integrity of wildlife corridors taking into account the type of species which are to be found along their length. Development proposals which impinge on a wildlife corridor will be expected to include reasonable measures both to minimise the adverse effects associated with the scheme and to enhance or restore the nature conservation interest of the area. The Council will also seek the provision of new wildlife corridors in development schemes where it is considered they would have a valuable role to play. These can usually be provided in association with landscaping, footpaths, and areas of recreational open space.

Local Nature Reserves

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POLICY E20	THE COUNCIL WILL SEEK TO DECLARE FURTHER LOCAL NATURE RESERVES WITHIN THE DISTRICT. THE DEVELOPMENT OF LIMITED VISITOR/EDUCATIONAL FACILITIES ASSOCIATED WITH LOCAL NATURE RESERVES WILL BE ALLOWED PROVIDED THAT SUCH PROPOSALS DO NOT ADVERSELY AFFECT THE NATURE CONSERVATION VALUE OF THE SITE OR PREJUDICE THE PURPOSES OF THE GREEN BELT.

Justification

3.80

Under the provisions of the National Parks and Access to the Countryside Act, Local Authorities are empowered to designate Local Nature Reserves (LNRs). There are four Local Nature Reserves within the District at Low Newton Junction, Coxhoe Quarry Wood, Little Wood (Quarrington Hill) and Coxhoe Hall Wood. They are all owned by Durham County Council who were responsible for their declaration as LNRs. Local Nature Reserves can be declared purely for their great nature conservation interests or because of the opportunities they provide for informal countryside recreation or education. It is the Council's intention to explore opportunities for the provision of local nature reserves in appropriate locations.

THE PROTECTION OF THE HISTORIC ENVIRONMENT

Historic Environment

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POLICY E21	THE COUNCIL WILL PRESERVE AND ENHANCE THE HISTORIC ENVIRONMENT OF THE DISTRICT BY:
	1.	REQUIRING DEVELOPMENT PROPOSALS TO MINIMISE ADVERSE IMPACTS ON SIGNIFICANT FEATURES OF HISTORIC INTEREST WITHIN OR ADJACENT TO THE SITE; AND
	2.	ENCOURAGING THE RETENTION, REPAIR AND RE-USE OF BUILDINGS AND STRUCTURES WHICH ARE NOT LISTED, BUT ARE OF VISUAL OR LOCAL INTEREST.

Justification

3.81

Particularly important buildings, structures, and areas of historic value such as listed buildings, conservation areas, historic parks and gardens and scheduled ancient monuments are specifically protected by other Policies in this Plan. However, the historic environment consists of more than those exceptional buildings and areas. It encompasses buildings, structures and open spaces that although sometimes individually unassuming, provide vital evidence of our historic past adding considerable interest and diversity to our surroundings. Examples include industrial, agricultural and vernacular buildings, ancient boundary walls and hedgerows, and open spaces like village greens. All such buildings and features must be taken into account in preparing development schemes and should normally be sensitively incorporated into the scheme unless the need for development is clearly shown to outweigh the conservation of the features concerned. In many cases it will be necessary to assess not only the buildings or areas themselves but also their setting. The Council will seek to encourage community groups to prepare interpretation material about the historic development of their communities and surroundings.

3.82

The Council will seek to retain buildings of visual or local interest which contribute to the character and setting of their locality. Although it is preferable to retain the original use of a building or structure, when this is not feasible ways of re-using the building instead of demolishing it will be encouraged.

3.83

The Council will consult English Nature in cases where it is considered likely that buildings accommodate species such as bats which are protected under the Wildlife and Countryside Act 1981. Proposals will only be approved if satisfactory safeguards for those species can be agreed.

Conservation Areas

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POLICY E22	THE COUNCIL WILL SEEK TO PRESERVE OR ENHANCE THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREAS WITHIN THE CITY OF DURHAM BY:
	1.	NOT PERMITTING DEVELOPMENT PROPOSALS WHICH WOULD DETRACT FROM THE CHARACTER OR APPEARANCE OF THE CONSERVATION AREA OR ITS SETTING. ALL DEVELOPMENT PROPOSALS SHOULD BE SENSITIVE IN TERMS OF SITING, SCALE, DESIGN AND MATERIALS, REFLECTING, WHERE APPROPRIATE, EXISTING ARCHITECTURAL DETAILS;
	2.	NOT PERMITTING THE DEMOLITION OF BUILDINGS WHICH CONTRIBUTE TO THE AREA'S CHARACTER. PERMISSION FOR THE DEMOLITION OF ANY SIGNIFICANT BUILDING WILL NOT BE GRANTED UNTIL A DETAILED SCHEME FOR APPROPRIATE REDEVELOPMENT OF THE SITE HAS BEEN APPROVED;
	3.	PROTECTING TREES, HEDGEROWS, LANDSCAPE FEATURES, VIEWS AND UNDEVELOPED AREAS WHICH CONTRIBUTE TO THE CHARACTER OR APPEARANCE OF THE AREA AND ITS SETTING;
	4.	REQUIRING A SUFFICIENT LEVEL OF DETAIL TO ACCOMPANY APPLICATIONS FOR DEVELOPMENT TO ENABLE AN ASSESSMENT TO BE MADE OF ITS IMPACT ON THE CONSERVATION AREA.
	IN ADDITION THE COUNCIL WILL ALSO IMPLEMENT SCHEMES FOR THE ENHANCEMENT OF CONSERVATION AREAS WHERE APPROPRIATE AND AS RESOURCES PERMIT.

Justification

3.84

A Conservation Area is an area which is designated as being of special architectural or historic interest and the Council has a statutory duty to preserve and enhance the appearance of those areas. There are currently 14, designated conservation areas in the City of Durham:

Durham (City Centre), Brancepeth, Sunderland Bridge, Brandon Village, Shadforth, Shincliffe, Hett, Bowburn, Sherburn, Hallgarth, Sherburn House, Burn Hall, Holywell and Old Cassop.

3.85

Durham (City Centre) Conservation Area is also subject to Policy E6, which expands upon part 1 of Policy E22. Supplementary Planning Guidance will be prepared clearly identifying the special architectural or historic interest which justifies their designation along with opportunities for enhancement.

3.86

New development in or affecting the setting of a conservation area must protect or enhance its character. It is therefore vital that any new development, or alterations and extensions are of a high quality and are entirely appropriate to their settings. To ensure that this is achieved it will usually be necessary for development proposals to be submitted in the form of a detailed planning application. An outline application does not provide sufficient detail to determine the impact of a development proposal on a conservation area. It is also vital to preserve buildings or structures (such as boundary walls) which are integral to the historic fabric of the conservation area. Permission will not, therefore, be granted for the demolition of any buildings which contribute to the area's character. Where total demolition of a building is acceptable and where re-development of the site is desirable, permission for demolition will normally be granted subject to planning conditions requiring prior letting of a contract for an approved re-development to ensure that premature demolition does not take place.

3.87

Trees, hedgerows and open spaces are an integral part of most conservation areas. Indeed, the character of a conservation area can rely as much on features such as the spaces between buildings, changes in ground level, village greens, gardens and grounds, as on the buildings themselves. It is therefore important to retain such features in order to safeguard the character of the conservation area as a whole.

3.88

Local planning authorities, as part of their statutory duties, are required to prepare schemes for the enhancement of conservation areas. The Council will seek to implement a number of enhancement schemes in the Durham (City Centre) Conservation Area during the Plan period and in other conservation areas within the City as appropriate and where resources permit. Schemes could involve carrying out environmental improvement works, facilitating fabric renewal or improvement and initiating the appropriate development of derelict land. The Council has a statutory responsibility to monitor and review existing conservation area boundaries when considering schemes for their enhancement as part of the process of preserving and enhancing the character and appearance of the conservation areas.

Listed Buildings

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POLICY E23	THE COUNCIL WILL SEEK TO SAFEGUARD LISTED BUILDINGS AND THEIR SETTINGS BY:
	1.	ONLY PERMITTING ALTERATIONS AND EXTENSIONS TO LISTED BUILDINGS WHICH ARE SYMPATHETIC IN DESIGN, SCALE, AND MATERIALS;
	2.	NOT PERMITTING ALTERATIONS TO ARCHITECTURAL OR HISTORIC FEATURES WHICH ADVERSELY AFFECT THE SPECIAL INTEREST OF A LISTED BUILDING, INCLUDING INTERNAL FEATURES AND THOSE WITHIN THE CURTILAGE OF THE BUILDING;
	3.	NOT PERMITTING TOTAL OR SUBSTANTIAL DEMOLITION OF A LISTED BUILDING;
	4.	NOT PERMITTING DEVELOPMENT WHICH DETRACTS FROM THE SETTING OF A LISTED BUILDING;

Justification

3.89

A listed building is a building or structure which is considered to be of special architectural or historic interest. The Secretary of State for Culture, Media and Sport has a duty to include all such buildings on a statutory list which gives details of each building or structure. Once a building is listed consent is normally required for its demolition, in whole or in part, and for any internal or external works of alteration and extension which would affect its character as a building of special architectural or historic interest. There are over 800 listed buildings in the District of widely differing sizes and types (eg buildings such as Durham Cathedral and structures such as Kingsgate Bridge).

3.90

The rich inheritance of listed buildings in the District is of vital importance to its image, helping to attract visitors and tourists. Listed buildings must be seen as an irreplaceable resource, valuable in their own right and as such they need to be protected from demolition, damage, neglect and unsympathetic alterations. Changing the use of a listed building needs to be given careful consideration and would be considered unacceptable if it gave rise to the need for alterations which would damage or destroy the character or setting of the building. Whilst grants may be available for repairing certain listed buildings, the most satisfactory method of retaining these buildings in good repair is to make use of them.

3.91

The setting of a listed building is often an essential feature of its character. Development which detracts from the setting of a listed building will not be permitted and Tree Preservation Orders will be used to protect trees of importance to the setting of a listed building where this is considered necessary.

Scheduled Ancient Monuments and Archaeological Remains

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POLICY E24	THE COUNCIL WILL PRESERVE SCHEDULED ANCIENT MONUMENTS AND OTHER NATIONALLY SIGNIFICANT ARCHAEOLOGICAL REMAINS AND THEIR SETTING IN SITU. DEVELOPMENT LIKELY TO DAMAGE THESE MONUMENTS WILL NOT BE PERMITTED. ARCHAEOLOGICAL REMAINS OF REGIONAL AND LOCAL IMPORTANCE, WHICH MAY BE ADVERSELY AFFECTED BY DEVELOPMENT PROPOSALS, WILL BE PROTECTED BY SEEKING PRESERVATION IN SITU, AND WHERE PRESERVATION IN SITU IS NOT JUSTIFIED BY:
	1.	ENSURING THAT IN AREAS WHERE THERE IS EVIDENCE THAT SIGNIFICANT ARCHAEOLOGICAL REMAINS EXIST, OR REASONS TO PRE-SUPPOSE SUCH REMAINS EXIST WHOSE EXTENT AND IMPORTANCE IS NOT KNOWN, PRE-APPLICATION EVALUATION OR ARCHAEOLOGICAL ASSESSMENT WILL BE REQUIRED; AND
	2.	REQUIRING, AS A CONDITION OF PLANNING PERMISSION, THAT PRIOR TO DEVELOPMENT AN APPROPRIATE PROGRAMME OF ARCHAEOLOGICAL INVESTIGATION, RECORDING AND PUBLICATION HAS BEEN MADE, IN CASES WHERE THE PRESERVATION IN SITU OF ARCHAEOLOGICAL REMAINS IS NOT JUSTIFIED;
	IN THE EVENT OF ARCHAEOLOGICAL REMAINS BEING DISCOVERED ONCE DEVELOPMENT HAS COMMENCED, THE COUNCIL WILL SEEK TO ENSURE THAT ADEQUATE OPPORTUNITY IS MADE AVAILABLE TO INVESTIGATE AND RECORD SUCH DISCOVERY.

Justification

3.92

Archaeological remains are the evidence of human activity and past development over thousands of years. They are an irreplaceable part of the City's heritage and care must be taken to protect as much as possible of this limited resource for the benefit of future generations. They include buildings and structures above ground level like bridges, wells, and manor houses as well as remains below ground level which are buried or have been excavated.

3.93

Scheduled Ancient Monuments are archaeological remains which are considered to be of national importance. Their protection, and the protection of other sites and monuments of national importance, as yet unscheduled, is of paramount importance. The consent of the Secretary of State for the Environment is required for any works and development affecting scheduled ancient monuments, many of which would not require planning permissions. There are currently 21 Scheduled Ancient Monuments in the City. These are shown on the Proposals Map and comprise:

Aldin Grange Bridge
East Hedleyhope Coke Oven
Sunderland Bridge, Near Croxdale
Moat and Bridge, Low Butterby Farm
Croxdale Old Church
Framwelgate Bridge
Elvet Bridge
Neville's Cross
Maiden Castle Earthworks
Maidens Bower Chapter
Water Gate, South Bailey

Kepier House
Prebends House
Old Grammer School, Palace Green
Chapel of St Mary Magdalene
Finchale Priory
Deserted Village, Garmondsway
Priors Hall, Hallgarth
Ludworth Tower
Sherburn House Bridge
Grange and Chapter, Bearpark Farm
Coxhoe Medieval Village

3.94

As a result of a nationwide survey carried out by English Heritage, additional numbers of archaeological sites may be designated as Scheduled Ancient Monuments.

3.95

Ideally all archaeological remains should be preserved in situ but the extent to which they can or should be preserved will depend upon a large number of factors, including the importance and condition of the remains and the benefits of the proposed development. Where the Council is satisfied that it is not justified to preserve remains in situ the applicant will be requested to make appropriate provision for the excavation and recording of remains and the publication of survey data. The methods used to carry out this work should be agreed between the Council, the developers and archaeological consultants under voluntary agreements such as the British Archaeologists and Developers Code of Practice before the application is determined. In the absence of such agreements the Council may consider it appropriate to impose conditions or enter into legal agreements to secure adequate excavations and recording.

3.96

In accordance with the Guidance set out in PPG16 (Archaeology and Planning), where evidence would suggest that important archaeological remains may exist the Council will require the prospective developer to arrange for an archaeological field evaluation to be carried out to establish their existence, character and extent before any decision on the planning application is taken. This is a survey requiring a fully qualified archaeologist and the information provided will secure the appropriate treatment of any archaeological remains which are discovered. Developers are advised to seek pre-application discussions with the Council to determine the nature of the survey work which will be required. Whilst there are many areas throughout the District where field evaluations may be required they are particularly likely to be necessary in the medieval core of Durham City.

3.97

The Durham County Sites and Monuments Record and the Council's Archaeological Data Base identifies archaeological sites of all types which are known or thought to exist in the District. Developers should consult those records before making planning applications so that they can take account of archaeological remains and avoid unnecessary delay in the determination of applications.

3.98

There may be occasions when the presence of archaeological remains only become apparent once development has commenced. In such cases, the Council will seek to ensure that adequate opportunity is made available to investigate and record such discoveries.

Neville's Cross Battlefield

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POLICY E25	THE NEVILLE'S CROSS BATTLEFIELD SITE WILL BE PROTECTED AND ENHANCED BY:
	1.	NOT PERMITTING DEVELOPMENT WHICH WOULD ADVERSELY AFFECT THE INTERPRETATION OF THE BATTLE.
	2.	SEEKING THE PROVISION OF APPROPRIATE INTERPRETATION MATERIAL ON THE BATTLE SITE.
	3.	NOT PERMITTING DEVELOPMENT WHICH WOULD BE CONTRARY TO POLICIES E1, E6 AND E24.

Justification

3.99

English Heritage's Register of Historic Battlefields includes the Battlefield of Neville's Cross which was the scene in 1346 of a battle between David II of Scotland and the English forces of King Edward III. Much of the area of the battlefield has been developed over the centuries but a significant amount is open and protected from most types of development by the Green Belt. Part of the site is safeguarded under Policy C6 at Crossgate Moor for the development of Durham Johnston School but it is not considered that this will detract from the interpretation of the battle site.

3.100

The open areas, in particular, help to provide an understanding of the course of events during the battle. The Council will seek the voluntary co-operation of owners and occupiers and encourage appropriate land management and interpretation of the battlefield site through the provision of interpretation boards, sculptures, pamphlets, and the development of an interpretation trail.

Historic Parks and Gardens

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POLICY E26

PLANNING PERMISSION FOR DEVELOPMENT AT THE FOLLOWING PARKS AND GARDENS OF HISTORIC OR LANDSCAPE VALUE WILL ONLY BE GRANTED PROVIDED THE PROPOSAL:

WOULD NOT OTHERWISE DETRACT FROM THE ENJOYMENT, LAYOUT, DESIGN, CHARACTER, APPEARANCE OR SETTING OF THE PARK OR GARDEN; AND;

WOULD NOT INVOLVE THE LOSS OF FEATURES CONSIDERED TO FORM AN INTEGRAL PART OF THE SPECIAL CHARACTER OR APPEARANCE OF THE PARK OR GARDEN.

BRANCEPETH/HOLYWELL
OLD DURHAM GARDENS
ELEMORE - PITTINGTON HILL
ESHWOOD
BEARPARK
CROXDALE
COXHOE HALL
BOTANIC GARDENS
SHERBURN HOSPITAL

BURN HALL
USHAW
FLASS HALL
SNIPERLEY
CROOK HALL
RAMSIDE
MOUNT OSWALD
FINCHALE
KEPIER HOSPITAL

Justification

3.101

The historic integrity and landscape value of Parks and Gardens are inseparable and it is important to protect them from inappropriate development or poor land management. Features which form part of Parks and Gardens like woodlands which frame the vistas of buildings, walled gardens, man-made ponds, groups and avenues of trees, terraces and stone walls add greatly to the diversity and attractiveness of the landscape. The District has 17 historic Parks and Gardens. Of these Brancepeth Park, Croxdale and Burn Hall have been identified by English Heritage in its register of Parks and Gardens as being of national importance, the remainder have been identified by the Council as being of local significance. The parks date from the 17th to the 19th century, apart from Bearpark which is mediaeval in origin.

3.102

All the parks and gardens are in the Area of High Landscape Value and are subject to Policy E10. Conservation Area Policy E22 and Green Belt Policy E1 also apply to parks and gardens at Bearpark and Croxdale.

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