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Chapter 6
ENVIRONMENT
   
  Introduction
6.1 The Government, through various PPG's, advises how the conflict between developing the Borough and protecting the environment can be achieved. Protecting the environment is a basic aim of the Borough Council and is the keystone of town and country planning. This includes both the built environment, in the form of listed buildings, conservation areas, historical, architectural, industrial and archaeological heritage, and the natural environment, including woods, ponds and the countryside at large. Within the Borough there is also the potential for improving the environment through creating nature conservation areas, woodland planting, landscaping, the reclamation of derelict land and town centre enhancement schemes. A balance has to be struck between protecting wildlife habitats and reclaiming derelict land, as often the derelict corners of the environment are also the refuges for wildlife. Similarly, the preservation of an historic building may require that it be converted to an appropriate use, or the conservation of an archaeological feature may require that public access or farming be limited. This chapter aims to address these and other environmental issues and put forward proposals for protecting and enhancing the environment.
  The objectives of this chapter are:
 
  • to provide proposals which facilitate environmental improvement;
  • to provide a framework for derelict land reclamation;
  • to ensure that conservation areas are designated, maintained and enhanced;
  • to protect the Borough's finest buildings from inappropriate development;
  • to protect historic parks, archaeological and heritage features;
  • to protect sites of nature conservation importance;
  • to protect rare and threatened species of wildlife;
  • to facilitate wildlife habitat creation;
  • to protect woodland, trees and hedges;
  • to protect the finest landscape in the Borough;
  • to prevent pollution;
  • to protect water supplies;
  • to contribute to energy conservation and the reduction in the emissions of 'greenhouse gasses' to the atmosphere.
  Environmental Improvements
6.2 The Structure Plan includes a policy (Environmental Policy 3) which gives priority to conserving and improving the environment in the River Erewash Valley, the green belt, urban fringe and conservation areas. It states that "within these areas comprehensive schemes of environmental protection and improvement will be initiated".
6.3 Although the River Erewash is of fair quality (suitable for coarse fish populations) its valley is an important wildlife resource, within close reach of people living in Ilkeston and Long Eaton. It is also a neglected part of the Borough, with unsightly pockets of land. The valley therefore presents both opportunities for improvement and areas in need of conservation. As a recreational and educational resource it has considerable potential.
  POLICY EV1 - EREWASH VALLEY
  WITHIN THE EREWASH VALLEY THE BOROUGH COUNCIL WILL SEEK TO PROTECT AND ENHANCE ITS WILDLIFE AND ITS HISTORIC ENVIRONMENT, PROVIDE COUNTRYSIDE RECREATION FACILITIES AND RECLAIM DERELICT LAND. AS OPPORTUNITIES ARISE THE COUNCIL WILL SEEK TO ENTER INTO SECTION 106 OBLIGATIONS WITH DEVELOPERS TO SECURE THE PROTECTION AND ENHANCEMENT OF THE EREWASH VALLEY.
   
  Derelict Land
  POLICY EV2 - CONTAMINATED LAND
  PLANNING PERMISSION WILL ONLY BE GRANTED FOR THE DEVELOPMENT OF CONTAMINATED BROWNFIELD SITES WHEN:
  1. THE APPLICATION SITE HAS BEEN INVESTIGATED AND RECORDED FOR CONTAMINATION;
  2. PROPOSALS FOR THE REMOVAL, CONTAINMENT OR OTHERWISE RENDERING HARMLESS OF CONTAMINATION HAVE BEEN AGREED.
  DEVELOPMENT WILL NOT BE PERMITTED ON CONTAMINATED LAND WHERE THERE IS A RISK OF CONTAMINATION UNLESS PRACTICABLE AND EFFECTIVE MEASURES ARE TAKEN TO TREAT, CONTAIN OR CONTROL ANY CONTAMINATION.
   
  Conservation Areas
6.4 It is the duty of Erewash Borough Council to determine which parts of its area are of special architectural and historic interest, the character and appearance of which is desirable to preserve or enhance, and to designate such areas as conservation areas. Consequently the Borough Council has designated twenty conservation areas as shown on the proposals map.
  1. Breadsall
2. Breaston
3. Dale Abbey
4. Draycott
5. Eaton Bank
6. Ilkeston
7. Little Eaton
8. Long Eaton Mills
9. Long Eaton Town Centre
10. Morley
11. Ockbrook (village)
12. Ockbrook(Moravian Settlement)
13. Risley
14. Sawley
15. Sandiacre (Canalside)
16. Sandiacre (Cloudside)
17. Sandiacre Lock
18. Stanley
19. Stanton-by-Dale
20. West Hallam
6.5 Conservation area appraisals for the above areas will be produced by the Borough Council within the plan period and will form Supplementary Planning Documents. These documents will be a material consideration in determining planning applications and conservation area consents. Further, it is the duty of the council to prepare schemes for the preservation and enhancement of conservation areas, where relevant. These will be prepared following the production of conservation area appraisals.
6.6 Development within conservation areas has to be strictly controlled to ensure that their character remains intact. It follows that the important features of a conservation area should be preserved. Apart from buildings, this may include for example, open spaces, gardens, walls, trees and roadside features, all of which combine to give a conservation area its unique character. The subdivision of curtilages, by infilling gardens, for example, would generally be considered detrimental to the aims of designating conservation areas. Any new development to be acceptable, would have to meet stringent planning criteria relating to location, design, scale and materials used. Detailed plans are therefore required with an application for planning permission to enable the Borough Council to assess its impact on a conservation area. Accordingly, outline applications for development in conservation areas are not considered appropriate as insufficient detail is provided.
  POLICY EV3 - CONSERVATION AREAS - DESIGNATION AND AMENDMENT
  THE BOROUGH COUNCIL WILL DESIGNATE NEW CONSERVATION AREAS AND AMEND THE BOUNDARIES OF EXISTING CONSERVATION AREAS, AS CONSIDERED APPROPRIATE. CONSERVATION AREA APPRAISALS WILL BE CARRIED OUT FOR ALL CONSERVATION AREAS IN THE PLAN PERIOD. IN ASSESSING THE CASE FOR BOUNDARY REVIEWS OR NEW DESIGNATIONS, THE BOROUGH COUNCIL WILL CONSIDER WHETHER OR NOT THE AREA CONCERNED IS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST IN CHARACTER OR APPEARANCE AND THE EXTENT TO WHICH IT IS DESIRABLE TO PRESERVE OR ENHANCE THESE ATTRIBUTES.
   
6.7 Following the production of Conservation Area Appraisals, the Borough Council will, during the plan period, prepare a timetable of enhancement schemes for the Borough's Conservation Areas.
  PROPOSAL EV4 - CONSERVATION AREAS - ENHANCEMENT SCHEMES
  THE COUNCIL WILL PREPARE A TIMETABLE OF ENHANCEMENT SCHEMES FOR THE BOROUGH'S CONSERVATION AREAS IN THE PLAN PERIOD. PREPARATION OF ENHANCEMENT SCHEMES WILL FOLLOW THE PRODUCTION OF CONSERVATION AREA APPRAISALS.
   
6.8 Proposals affecting Conservation Areas will be considered against Policy EV5.
  POLICY EV5 - CONSERVATION AREAS - DEVELOPMENT CONTROL
  1. PROPOSALS FOR NEW DEVELOPMENT, INCLUDING CONVERSIONS, ALTERATIONS, EXTENSIONS AND CHANGES OF USE WILL ONLY BE PERMITTED WHERE THE BOROUGH COUNCIL IS SATISFIED THAT SUCH PROPOSALS WILL PRESERVE OR ENHANCE THE SPECIAL CHARACTER AND APPEARANCE OF THE CONSERVATION AREA. BUILDINGS, OPEN SPACES, TREES, AND OTHER FEATURES WHICH CONTRIBUTE TO THE SPECIAL CHARACTER AND APPEARANCE OF THE CONSERVATION AREA WILL BE CONSERVED AND PROTECTED FROM HARMFUL DEVELOPMENT.
  2. PROPOSALS TO ALTER OR EXTEND UNLISTED BUILDINGS OF ARCHITECTURAL, HISTORICAL, LANDSCAPE OR TOWNSCAPE VALUE WILL BE CONSIDERED AGAINST THE NEED TO ENSURE THE PRESERVATION OF THOSE ELEMENTS OF BUILDINGS WHICH CONTRIBUTE TOWARDS THE PARTICULAR CHARACTER OF THE CONSERVATION AREA. ALTERATIONS TO EXISTING SHOP FRONTS, INCLUDING THE ADDITION OF INTERNAL AND EXTERNAL ILLUMINATION WILL NOT BE PERMITTED WHERE THIS WILL HAVE A DETRIMENTAL EFFECT UPON THE CHARACTER OR APPEARANCE OF THE BUILDINGS OR THE CONSERVATION AREA. THE REPLACEMENT OF HISTORIC SHOP FRONTS WILL NOT BE PERMITTED.
  3. PROPOSALS TO DEMOLISH OR SUBSTANTIALLY DESTROY AN UNLISTED BUILDING IN A CONSERVATION AREA WILL NOT BE PERMITTED, UNLESS IT CAN BE DEMONSTRATED TO THE SATISFACTION OF THE LOCAL PLANNING AUTHORITY THAT THE BUILDING:
    a) IS OF AN INAPPROPRIATE DESIGN IN THE CONTEXT OF ITS LOCATION OR
    b) IS BEYOND REPAIR AT REASONABLE COST OR
    c) IS INCAPABLE OF BENEFICIAL USAGE;
    AND THAT ITS REMOVAL IS SUBJECT TO THE SUBMISSION OF DETAILED PROPOSALS FOR REPLACEMENT DEVELOPMENT OF APPROPRIATE DESIGN, SCALE AND MATERIALS WHICH WOULD CLEARLY PRESERVE OR ENHANCE THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA. CONSENT FOR DEMOLITION WILL ONLY BE GRANTED SUBJECT TO THE REQUIREMENT THAT SUCH DEMOLITION DOES NOT TAKE PLACE PRIOR TO:
    a) THE GRANTING OF DETAILED CONSENT FOR THE REPLACEMENT DEVELOPMENT AND
    b) THE LETTING OF A CONTRACT FOR THE APPROVED REPLACEMENT DEVELOPMENT.
   
  Listed Buildings
6.9 The basis for the listed building legislation is contained in the Planning (Listed Buildings and Conservation Areas) Act 1990. The main purpose behind this legislation is to ensure that those attractive and interesting buildings which form part of the heritage are protected. Within the Borough, there are 228 listed buildings and future surveys may add to this list. It is the policy of the Borough council to preserve listed buildings.
  POLICY EV6 - LISTED BUILDINGS
  BUILDINGS LISTED BY THE SECRETARY OF STATE FOR CULTURE, MEDIA AND SPORT AS BEING OF ARCHITECTURAL OR HISTORIC INTEREST WILL BE PROTECTED FROM INAPPROPRIATE ALTERATION AND UNSYMPATHETIC DEVELOPMENT WHICH COULD HARM THEIR CHARACTER OR SETTING. LISTED BUILDING CONSENT WILL NOT BE GRANTED FOR THE DEMOLITION OR INAPPROPRIATE ALTERATION OR THE REMOVAL OF IMPORTANT INTERNAL OR EXTERNAL FEATURES, OF LISTED BUILDINGS. PLANNING PERMISSION WILL ONLY BE PERMITTED FOR THE CHANGE OF USE OR CONVERSION OF A LISTED BUILDING WHERE FULL DETAILS OF DESIGN, MATERIALS, AND IMPACT ON ITS SETTING OF SUCH A USE HAS BEEN SUBMITTED, WHERE THE CHANGE OF USE IS VITAL TO ENSURE THE PRESERVATION OF THE LISTED BUILDING WITHOUT LOSS OF ITS CHARACTER, AND WHERE THE CHANGE OF USE WILL NOT BE DETRIMENTAL TO LOCAL AMENITIES.
   
  Buildings of Local Interest
6.10 Across the Borough, there are many buildings that are not protected by statutory designations because they are currently determined as being of insufficient quality, but are nevertheless worthy of preservation. It may be the case that some buildings, not currently listed, become listed and therefore it is important to protect buildings of local interest as they may be the heritage of the future.
  POLICY EV7 - BUILDINGS OF LOCAL INTEREST
  APPLICATIONS AFFECTING BUILDINGS OF LOCAL INTEREST OR ARCHITECTURAL INTEREST WILL BE CONSIDERED AGAINST THE FOLLOWING CRITERIA:
  1. THE PROPOSAL SHOULD BE SYMPATHETIC TO THE DESIGN AND CHARACTER OF THE EXISTING BUILDING;
  2. MATERIALS;
  3. SCALE AND PROPORTION OF THE DEVELOPMENT;
  4. THE SETTING OF THE EXISTING BUILDING.
   
  Historic Parks and Gardens
6.11 The importance of historic parks and gardens has recently been recognised by English Heritage who have compiled a register of nationally important gardens. In Erewash, Locko Park is included on the register and there is a possibility that other parks and gardens may be included in the near future.
  POLICY EV8 - REGISTERED HISTORIC PARKS AND GARDENS
  PROPOSALS FOR DEVELOPMENT THAT WOULD HARM THE CHARACTER OR SETTING OF REGISTERED HISTORIC PARKS AND GARDENS WILL ONLY BE PERMITTED IN EXCEPTIONAL CIRCUMSTANCES.
  WHERE THERE IS AN OVERRIDING NEED FOR DEVELOPMENT WHICH WOULD AFFECT HISTORIC PARKS AND GARDENS, THE LOCAL PLANNING AUTHORITY WILL MINIMISE ITS IMPACT. WHERE NECESSARY, THE LOCAL PLANNING AUTHORITY MAY REQUIRE AN HISTORIC LANDSCAPE APPRAISAL REPORT WHERE DEVELOPMENT AFFECTING AN HISTORIC PARK OR GARDEN OR ITS SETTING IS PROPOSED. THE INTEGRITY OF A LISTED OR HISTORIC BUILDING AND ITS PARK OR GARDEN WILL BE PRESERVED AND ANY DEVELOPMENT THEREIN WILL BE PERMITTED ONLY IN EXCEPTIONAL CIRCUMSTANCES.
   
  Scheduled Ancient Monuments and Sites of Archaeological Significance
6.12 There are seven scheduled ancient monuments in the Borough, they are:
 
Parish County Monument Title Grid Ref No
Dale Abbey 39 Dale Abbey SK438 388
Dale Abbey 40 The Hermitage SK439 385
Long Eaton 228 Roman fort 200 yds (182m) E of All Saint's Church, Sawley SK475 313
Morley 78 Moated mound SK392 410
Sandiacre 146 Lock up and pinfold SK479 371
West Hallam 141 Moated site in Moat Wood SK439 406
Stanley 29983 Medieval ironworking remains At Stanley Monastic Grange SK442 340
  The ancient monuments are subject to the legislation contained in the Ancient Monuments and Archaeological Areas Act 1979, as amended by the National Heritage Act 1983. These Acts afford protection to the sites by only permitting works that have been authorised by the Department of Culture, Media and Sport (on the advice of English Heritage).
6.13 However, Derbyshire County Council estimate that fewer than 4% of the entries in the County's Sites and Monuments Record are scheduled ancient monuments with statutory protection (Derbyshire Structure Plan). Therefore, pending a review of the ancient monuments schedule, protection of non-scheduled sites is an important issue to be addressed. In particular, important remains can be expected to be found within the Dale Abbey area shown on the proposals map (coincidental with the Conservation Area).
  POLICY EV9 - SCHEDULED ANCIENT MONUMENTS AND SITES OF ARCHAEOLOGICAL SIGNIFICANCE
  1. IN CONSIDERING APPLICATIONS FOR DEVELOPMENT, THERE WILL BE A PRESUMPTION IN FAVOUR OF THE PHYSICAL PRESERVATION OF SCHEDULED ANCIENT MONUMENTS AND OTHER NATIONALLY IMPORTANT MONUMENTS. PLANNING PERMISSION FOR DEVELOPMENT THAT WOULD HAVE AN ADVERSE EFFECT ON THE MONUMENT OR ITS SETTING WILL BE NOT BE CONSIDERED FAVOURABLY.
  2. IN GRANTING PLANNING PERMISSION FOR DEVELOPMENT WHICH WOULD AFFECT OTHER SITES OF ARCHAEOLOGICAL SIGNIFICANCE THE LOCAL PLANNING AUTHORITY WILL SEEK PRESERVATION IN SITU AS THE PREFERRED OPTION. WHERE PRESERVATION IN SITU IS NOT JUSTIFIED, THE DEVELOPER WILL BE REQUIRED TO MAKE ADEQUATE PROVISION FOR EXCAVATION AND RECORDING BEFORE OR DURING DEVELOPMENT.
  3. WHERE DEVELOPMENT PROPOSALS AFFECT SITES OF KNOWN OR POSSIBLE ARCHAEOLOGICAL INTEREST, AN ARCHAEOLOGICAL ASSESSMENT OR, IF NECESSARY, A FIELD EVALUATION WILL NEED TO BE SUBMITTED WITH THE PLANNING APPLICATION.
  4. APPLICANTS FOR PLANNING PERMISSION FOR DEVELOPMENT WITHIN THE DALE ABBEY AREA SHOWN ON THE PROPOSALS MAP WILL, UNLESS ADVISED TO THE CONTRARY BY THE LOCAL PLANNING AUTHORITY, BE REQUIRED TO SUBMIT:
    a) AN ARCHAEOLOGICAL EVALUATION OF THE SITE; AND
    b) WHERE APPROPRIATE A STATEMENT DEMONSTRATING HOW IT IS INTENDED TO ACCOMMODATE OR OVERCOME THE ARCHAEOLOGICAL CONSTRAINTS OF THE SITE.
   
  Nature Conservation
6.14 Within the Borough there are many areas of nature conservation interest, particularly woods, ponds, wetlands, meadows, former railways, canals and tips. Geological or geomorphological sites are also of natural history importance, particularly as educational resources. Wildlife can be found in the countryside and in the towns, and valuable wildlife habitats are spread across the Borough. They fall into five categories:
 
  • Sites of Special Scientific Interest (SSSI) - these are designated by English Nature and are afforded a degree of statutory protection;
  • Local Nature Reserves (LNR) - these are designated by the Borough Council or the County Council;
  • Sites recorded on the Wildlife Sites Register (WSR) published by Derbyshire County Council and Derbyshire Wildlife Trust;
  • Sites recorded as Regionally Important Geological Sites (published by Derbyshire County Council and Derbyshire Wildlife Trust);
  • Sites known as biological or geological interest not yet formally recorded.
6.15 The ten sites shown on the Proposals Map are the SSSIs and LNRs in the Borough. One site, the Breadsall Railway Cutting, is both an SSSI and an LNR. Morley Moor is the other SSSI. The remaining sites shown on the maps are LNRs. There are 90 additional sites recorded on the Wildlife Sites Register and 8 sites recorded as Regionally Important Geological and Geomorphological Sites.
6.16 There is a need to ensure the continued protection of the Borough's natural environment and to secure opportunities wherever possible to enhance this natural environment. Particular emphasis will need to be given to land that is statutorily or locally protected.
6.17 Where development can be controlled through the planning process, there is a need to ensure that proposals will minimise any impact on nature conservation interests. It should also be noted that a variety of flora and fauna are protected under European Legislation and the Wildlife and Countryside Act 1981. The Borough Council may require a submission of a supporting statement in conjunction with planning applications, identifying the nature and extent of any impact and mitigating measures that need to be taken.
6.18 With regard to part 2 sites such as local nature reserves, sites of importance for nature conservation or a regionally important geological/geomorphological site, the Borough Council consider that a significant adverse effect is where any development harms the scientific or nature conservation interest of the designated site.
6.19 With regard to local nature reserves, sites of importance for nature conservation or a regionally important geological/geomorphological site, the Borough Council consider that a significant adverse effect is where any development harms the scientific or nature conservation interest of the designated site.
  POLICY EV10 - SITES OF SPECIAL SCIENTIFIC INTEREST, REGIONALLY IMPORTANT GEOLOGICAL SITES AND GEOMORPHOLOGICAL SITES, LOCAL NATURE RESERVES AND SITES OF IMPORTANCE FOR NATURE CONSERVATION.
  1. DEVELOPMENT IN OR LIKELY TO AFFECT SITES OF SPECIAL SCIENTIFIC INTEREST (SSSI) WILL BE SUBJECT TO SPECIAL SCRUTINY. WHERE SUCH DEVELOPMENT MAY HAVE AN ADVERSE EFFECT, DIRECTLY OR INDIRECTLY ON THE SPECIAL INTEREST OF THE SITE IT WILL NOT BE PERMITTED UNLESS THE REASONS FOR THE DEVELOPMENT CLEARLY OUTWEIGH THE NATURE CONSERVATION VALUE OF THE SITE ITSELF AND THE NATIONAL POLICY TO SAFEGUARD SUCH SITES.
  2. DEVELOPMENT LIKELY TO HAVE A SIGNIFICANT ADVERSE EFFECT ON A LOCAL NATURE RESERVE, A SITE OF IMPORTANCE FOR NATURE CONSERVATION OR A REGIONALLY IMPORTANT GEOLOGICAL/ GEOMORPHOLOGICAL SITE, WILL NOT BE PERMITTED UNLESS IT CAN BE DEMONSTRATED THAT THERE ARE REASONS FOR THE PROPOSAL WHICH OUTWEIGH THE NEED TO SAFEGUARD THE NATURE CONSERVATION VALUE OF THE SITE.
  IN ALL CASES WHERE DEVELOPMENT IS PERMITTED WHICH WOULD DAMAGE THE NATURE CONSERVATION VALUE OF THE SITE OR FEATURE, SUCH DAMAGE WILL BE KEPT TO A MINIMUM. CONDITIONS AND/OR SECTION 106 PLANNING OBLIGATIONS WILL BE USED TO SECURE NECESSARY MITIGATION OR COMPENSATORY MEASURES.
       
6.20 The EC 'Habitats Directive' requires member states to protect key habitats and threatened species of European significance. Before any development affecting a European Protected Species is carried out, irrespective of whether planning permission is required, a licence has to be issued by the DEFRA. Not all wildlife sites are protected by designations, such as being recorded on the Wildlife Sites Register. This is because of the limitations of the survey for the WSR but also because a singularly important species (e.g. great crested newt) may inhabit a site of otherwise poor biological value. Therefore, to ensure that sites of protected species under the Wildlife and Countryside Act, 1981, as amended by the Countryside and Rights of Way Act 2000 are given a measure of protection against development, a separate policy is required. Also, specific threatened species have been identified and recorded in the Derbyshire Red Data Book (Derbyshire Wildlife Trust, 1996) and it is important to protect their habitats. Further, the Lowland Derbyshire Local Biodiversity Action Plan (published by Derbyshire Wildlife Trust 1997/98) identifies key species and their habitats setting out programmes of action aimed at maintaining and improving biological diversity. Wherever possible, regard should be given to the Lowland Derbyshire Local Biodiversity Action Plan in considering the impact of development on wildlife.
  POLICY EV11 - PROTECTED SPECIES AND THREATENED SPECIES
  DEVELOPMENT THAT WOULD CAUSE EITHER INDIRECT OR ADVERSE IMPACTS ON SPECIES THAT ARE PROTECTED BY LAW OR IDENTIFIED AS NATIONALLY RARE WILL ONLY BE PERMITTED WHERE:
  1. A FULL AND DETAILED SURVEY HAS BEEN CARRIED OUT BY A QUALIFIED ECOLOGICAL CONSULTANT TO DETERMINE THE STATUS OF THE POPULATION, THE LIKELY IMPACT OF ALL PHASES OF THE DEVELOPMENT AND ANY MITIGATION THAT MAY BE NECESSARY.
  2. PROPOSALS ARE SUBMITTED AND SUPPORTED BY A SECTION 106 OBLIGATION THAT CLEARLY DEMONSTRATES HOW THE NECESSARY MITIGATION WILL BE ACHIEVED SO THAT FAVOURABLE CONSERVATION STATUS OF THE SPECIES CAN BE MAINTAINED ON THE SITE.
  3. IT IS NOT A EUROPEAN PROTECTED SPECIES AS DEFINED IN THE 1994 CONSERVATION (NATURAL HABITATS, &C.) REGULATIONS. MITIGATION MEASURES MAY BE PROPOSED IN ORDER TO AVOID OR REDUCE DISTURBANCE TO AN ACCEPTABLE LEVEL. HOWEVER, PERMISSION WILL BE GRANTED ONLY WHERE IMPACTS HAVE BEEN CLEARLY IDENTIFIED IN AN ECOLOGICAL AND/OR GEOLOGICAL STATEMENT, AND ACCEPTABLE MEASURES TO MINIMISE OR REMOVE THE IMPACT CAN BE IMPLEMENTED, MANAGED OR MONITORED IN ACCORDANCE WITH AN AGREED SCHEME. PRIORITY WILL BE GIVEN TO RETAINING OR REPLACING AS MANY OF THE IMPORTANT FEATURES ON THE SITE. THE BOROUGH COUNCIL WILL REQUIRE EVIDENCE TO DEMONSTRATE THAT THE RETENTION OR REPLACEMENT IS UNVIABLE PRIOR TO CONSIDERING OFF SITE REPLACEMENTS, WHICH WILL BE ALLOWED ONLY AS A LAST RESORT. WHERE SUCH MEASURES CANNOT BE SECURED BY APPROPRIATE PLANNING CONDITIONS THEY WILL BE SECURED VIA LEGAL AGREEMENTS AND SECTION 106 OBLIGATIONS.
   
  Nature Conservation - Planning Obligations and Conditions
6.21 The Borough Council, in considering development proposals that will have an impact on features of major importance for wildlife, will seek to enter into Section 106 obligations with a developer or consider the use of planning conditions to offset the harm caused by the development. Features of major wildlife importance include linear or continuous structures such as rivers or traditional field boundaries and land used as stepping stone such as ponds or small woods and all are essential for the migration, dispersal and genetic exchange of wild species.
  POLICY EV12 - NATURE CONSERVATION - PLANNING OBLIGATIONS AND CONDITIONS
  IN CONSIDERING DEVELOPMENT PROPOSALS THE USE OF PLANNING CONDITIONS AND PLANNING OBLIGATIONS WILL BE CONSIDERED WHERE NECESSARY TO OFFSET HARM AND SECURE THE BENEFICIAL MANAGEMENT OF FEATURES OF MAJOR IMPORTANCE FOR WILDLIFE.
   
  Creative Conservation
6.22 Opportunities for creating new wildlife habitats may arise through the development process. For example a large scale industrial development may require a balancing reservoir to cope with additional storm water. This could be designed to benefit wildlife. The restoration of derelict land may enable wildflower meadows to be created. New housing development may require a shelterbelt of trees and shrubs. Corners of open space, in parks and at education establishments, may have potential as areas for wildlife. It is important that these opportunities are seized, and new habitats are created, to replace those lost through development and modern farming practices. This will be good for wildlife but will also enhance the appearance and ecological richness of the Borough. The Lowland Derbyshire Local Biodiversity Action Plan (LBAP) is an important source of wildlife information for the numerous wildlife sites in the Borough; it is a source of guidance on the value of particular wildlife habitats and will be utilised by the Borough Council in determining an application affecting a wildlife site.
  POLICY EV13 - CREATIVE CONSERVATION
  CREATIVE CONSERVATION WILL BE CARRIED OUT WHEREVER OPPORTUNITIES ARISE. IN PARTICULAR, THE BOROUGH COUNCIL WILL IMPROVE THE WILDLIFE VALUE OF LAND IN ITS OWNERSHIP ESPECIALLY PUBLIC OPEN SPACE. IN ITS CONSIDERATION OF PLANNING APPLICATIONS THE BOROUGH COUNCIL WILL SEEK TO NEGOTIATE SECTION 106 PLANNING OBLIGATIONS TO CREATE NEW OR IMPROVED HABITATS WHERE THIS IS NECESSARY TO MAKE THE PROPOSALS ACCEPTABLE IN PLANNING TERMS AND WHERE IT CANNOT BE ACHIEVED BY IMPOSING CONDITIONS ON A PLANNING PERMISSION.
   
  Protection of Trees and Hedgerows
6.23 In Derbyshire (excluding the National Park) 5% of the total area is woodland, while in the Borough woodland covers only 2.5% of the total area, mainly in the north and west, around Drum Hill, Little Eaton, Locko Park, Breadsall Priory, Broomfield College, Dale Abbey and Hopwell. It is therefore important to protect woodland because of its landscape, nature conservation and amenity value. Good management should be encouraged to ensure that woodlands do not become over mature and native species are planted. In particular, woodlands should not be destroyed by development. The Borough Council, in conjunction with Groundwork Erewash Valley, may prepare management plans for woods, by agreement with landowners.
6.24 Individual trees and hedgerows can also be worth protecting, for their nature conservation value, historical interest or general amenity. Ancient woodland is irreplaceable and of special value. In weighing the importance of a hedgerow that it is proposed to remove, regard will be paid to criteria in the Hedgerows Regulations 1997 as well as the general public amenity value of the feature.
  POLICY EV14 - PROTECTION OF TREES AND HEDGEROWS
  PLANNING PERMISSION WILL NOT BE GIVEN FOR DEVELOPMENT WHICH WOULD DESTROY HEDGEROWS, AREAS OF WOODLAND, ANCIENT WOODLAND, TREES PROTECTED BY A TREE PRESERVATION ORDER, OR TREES IN A CONSERVATION AREA UNLESS THEIR REMOVAL WOULD:
  1. BE IN THE INTERESTS OF GOOD ARBORICULTURAL PRACTICE; OR UNLESS
  2. THE PROPOSED DEVELOPMENT OUTWEIGHS THE AMENITY AND CONSERVATION VALUE OF THE PROTECTED TREES, WOODLANDS OR HEDGEROWS.
  IF THE REMOVAL OF A HEDGEROW OR ONE OR MORE TREES IS PERMITTED AS PART OF A DEVELOPMENT, A CONDITION MAY REQUIRE THAT A REPLACEMENT HEDGEROW OR AN EQUIVALENT NUMBER OR MORE NEW TREES BE PLANTED EITHER ON OR NEAR THE SITE.
  WHERE TREES ARE TO BE RETAINED, PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT, INCLUDING BUILDINGS, ROADS, PAVEMENTS AND UNDERGROUND SERVICES WHICH WILL ADVERSELY AFFECT THE HEALTH OF THE TREES.
   
6.25 In certain locations, single trees or groups of trees (including woodlands) are of visual importance, and are subject to Tree Preservation Order (Town and Country Planning Act 1990, section 198). Over the period of the Local Plan, it is likely that further trees will be identified that are appropriate for protection by a Tree Preservation Order, particularly within sites affected by development, where trees might be subject to felling or damage if not protected. When making an assessment of the public amenity value of trees, consideration will be given to the wildlife they support.
  POLICY EV15 - TREE PRESERVATION ORDERS
  TREE PRESERVATION ORDERS WILL BE MADE ON INDIVIDUAL TREES, GROUPS OF TREES OR WOODLANDS WHICH MAKE A VALUABLE CONTRIBUTION TO PUBLIC VISUAL AMENITY, AND WHICH ARE CONSIDERED TO BE THREATENED BY DEVELOPMENT OR OTHER ACTIVITY.
   
6.26 Government advice in Planning Policy Statement 7: Sustainable Development in Rural Areas (PPS7) makes reference to the importance of landscape character in considering development proposals. It suggests that the traditional approach of identifying the most important areas of landscape and affording these specific protection in development plans should be replaced by an approach based on landscape character, which recognises the value and distinctiveness of all landscape. A comprehensive Landscape Character Assessment across Derbyshire based upon 'The Character of England Map' produced jointly by the Countryside Agency and English Nature has been undertaken by Derbyshire County Council, in consultation with district councils. The Derbyshire Landscape Character Assessment is intended to provide details of the specific features, characteristics and qualities of distinctive areas of the County in order to inform decision makers, such as planning authorities, when considering development proposals which will impact upon the landscape character of an area. Erewash contains important areas of attractive countryside all of which are subject to a green belt designation. However, green belt designation alone may not prevent harmful development taking place, such as mineral extraction or activities which could lead to a loss of landscape value such as removing hedgerows, felling trees, filling in ponds or the building of agricultural buildings. Information about each landscape type will be produced as a Supplementary Planning Document at a later date.
  POLICY EV16 - LANDSCAPE CHARACTER
  DEVELOPMENT SHOULD RECOGNISE AND ACCORD WITH THE LANDSCAPE CHARACTER WITHIN WHICH IT IS LOCATED HAVING REGARD TO MATERIALS OF CONSTRUCTION, HEIGHT OF BUILDINGS, ROOF DESIGN, LANDSCAPING, MEANS OF ACCESS, DENSITY OF DEVELOPMENT, SUSTAINABLE PATTERNS OF DEVELOPMENT AND TRAFFIC GENERATION BEING APPROPRIATE FOR THE LOCATION OF THE DEVELOPMENT.
   
  Pollution
6.27 In order to follow the principle of sustainable development and to protect the environment of the Borough, development needs to be strictly controlled to ensure that there is no significant increase in air, water, noise, light or soil pollution.
  POLICY EV17 - ENVIRONMENTAL POLLUTION
  1. PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT WHERE THERE IS NO SIGNIFICANT RISE IN AIR, WATER, NOISE, LIGHT OR SOIL POLLUTION.
    THE BOROUGH COUNCIL WILL IMPOSE CONDITIONS ON PLANNING PERMISSIONS, AS NECESSARY, TO ENSURE THAT POLLUTION LEVELS CREATED BY DEVELOPMENTS CAN BE MINIMISED.
  2. PLANNING PERMISSION WILL ONLY BE GRANTED FOR DEVELOPMENT CLOSE TO EXISTING SOURCES OF POLLUTION, WHERE THE PROPOSED USE IS COMPATIBLE WITH THE EXISTING USE
    THE BOROUGH COUNCIL WILL IMPOSE CONDITIONS ON PLANNING PERMISSIONS, AS NECESSARY, TO ENSURE THAT FUTURE OCCUPIERS OF DEVELOPMENTS ARE PROTECTED FROM EXISTING SOURCES OF POLLUTION.
   
  Aquifers
6.28 Within the Borough there are important underground "reservoirs" of water, known as aquifers, which provide sources of drinking water. It is essential to protect the quality of these water resources and it follows that harmful development in an aquifer protection zone should not be permitted. This would include any development which would lead to aquifer contamination, either biologically or chemically. A Supplementary Planning Document will be produced showing the location of aquifers.
  POLICY EV18 - AQUIFER PROTECTION
  PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD BE LIABLE TO CAUSE CONTAMINATION OF THE GROUNDWATER IN AQUIFERS UNLESS SATISFACTORY MEASURES CAN BE CARRIED OUT AS PART OF THE DEVELOPMENT TO PREVENT SUCH CONTAMINATION TAKING PLACE.
   
  World Heritage Site
6.29 The River Derwent valley on the west side of the Borough, at Little Eaton, is considered to be of sufficient historical and cultural importance to be worthy of World Heritage Site status, accordingly in December 2001 the United Nations Educational, Scientific and Cultural Organisation (UNESCO) inscribed the Derwent Valley Mills as a World Heritage Site. The World Heritage Site, known as "the cradle of the Industrial Revolution", runs for a distance of 24 kilometres from Matlock Bath to the centre of the City of Derby. The boundary of the site has been defined through field observations taking into account the historical topography such as buildings, features and landscapes demonstrating the development of the textile mill and the social and economic infrastructure. Accordingly the World Heritage site comprises important mill complexes, industrial housing and the social infrastructure constructed between the early 18th and the early 19th centuries. It is important that the World Heritage Site and a buffer zone of protection around the site be protected from harmful development. Accordingly, the policy below aims to provide such protection.
  POLICY EV19 - WORLD HERITAGE SITE AND BUFFER ZONE
  WITHIN THE DEFINED WORLD HERITAGE SITE AND BUFFER ZONE, AS SHOWN ON THE PROPOSALS MAP, DEVELOPMENT WILL ONLY BE PERMITTED IF IT DOES NOT HAVE AN ADVERSE EFFECT ON THE WORLD HERITAGE SITE OR ITS SETTING, AND IT ACCORDS WITH OTHER POLICIES IN THE LOCAL PLAN. REGARD WILL BE GIVEN TO THE VISUAL IMPACT OF A PROPOSED DEVELOPMENT, TRAFFIC GENERATION, SCALE AND DESIGN, MATERIALS OF CONSTRUCTION, ANY LOSS OF HISTORICAL LANDSCAPE OR CULTURAL HERITAGE, AND ENVIRONMENTAL IMPACT.
   
  Hazardous Substances, Hazardous Installations & Major Hazard Pipelines
6.30 Proposals for installations handling hazardous substances will be subject to controls aimed at preventing major accidents. A system of hazardous substances consent is already in operation under the Planning (Hazardous Substances) Act 1990 and Regulations under that Act (as amended by the Planning (Control of Major-Accident Hazards) Regulations 1999). Where both planning permission and hazardous substances consent are required, two separate applications are necessary and the respective statutory requirements must be followed. PPG12 released in 1999 (paragraphs 6.22 & 6.23) requires development plans to include policies relating to the location of establishments where hazardous substances are used or stored, and the development of land within the vicinity of establishments where hazardous substances are present.
  POLICY EV20 - HAZARDOUS SUBSTANCES, HAZARDOUS INSTALLATIONS & MAJOR HAZARD PIPELINES
  A. THE COUNCIL WILL REFUSE PROPOSALS FOR DEVELOPMENT INVOLVING:
    THE INTRODUCTION OF HAZARDOUS SUBSTANCES OR THE MODIFICATION OF EXISTING INSTALLATIONS HANDLING HAZARDOUS SUBSTANCES WHERE THEIR PRESENCE OR THE RESULTANT EXTENSION OF CONSULTATION ZONES MAY INHIBIT DEVELOPMENT IN THE VICINITY OF THE INSTALLATION.
  B. DEVELOPMENT NEAR INSTALLATIONS HANDLING HAZARDOUS SUBSTANCES
    PLANNING APPLICATIONS FOR DEVELOPMENTS NEAR NOTIFIED INSTALLATIONS HANDLING HAZARDOUS SUBSTANCES AND MAJOR HAZARD PIPELINES WILL ONLY BE PERMITTED WHERE THE COUNCIL IS SATISFIED THAT THERE WOULD NOT BE A SIGNIFICANT INCREASE IN THE POPULATION AT RISK OR THAT THERE IS NO REASONABLE ALTERNATIVE.
   
  Renewable Energy
6.31 It is now widely accepted that climate change is occurring and will continue to do so, with emissions of greenhouse gasses to the atmosphere being a key factor causing this. The Government has set a target to generate 10% of UK electricity from renewable energy sources by 2010. The use of renewable energy, such as solar, wind, water and biomass, could reduce greenhouse gas emissions as well as enabling businesses to reduce their energy costs. Planning Policy Guidance Note 22: Renewable Energy, states that local planning authorities will need to take into account the nature and extent of renewable energy resources, the contribution that their development can make to the national economy and the reduction they can bring in greenhouse gas emissions, in considering appropriate policies in their development plans. Over the plan period the Borough Council will actively encourage the use of relevant renewable energy sources such as solar and biomass technologies. Due to topographical and landscape constraints, the use of wind energy within the Borough is limited and therefore will not make a significant contribution to reducing greenhouse gases.
6.32 The adopted Derby and Derbyshire Joint Structure Plan, Environment Policy 19: Renewable Energy, states that development necessary to harnessing or production of renewable energy will normally be permitted providing it is environmentally acceptable and sited having regard to environmentally sensitive areas. In the event of the infrastructure becoming redundant the Borough Council, through either a planning condition or a planning obligation, will require the removal of all the structures associated with the development and the restoration of the site.
  POLICY EV21 - RENEWABLE ENERGY
  PLANNING PERMISSION FOR RENEWABLE ENERGY INSTALLATIONS WILL ONLY BE PERMITTED WHERE:
  1. THE PROPOSAL WOULD NOT HAVE AN UNACCEPTABLE VISUAL IMPACT ON THE LANDSCAPE;
  2. SUFFICIENT MEASURES CAN BE UNDERTAKEN TO REDUCE ANY VISUAL OR NOISE DISTURBANCES;
  3. THE PROPOSAL WOULD NOT HAVE AN ADVERSE IMPACT ON RESIDENTIAL AMENITY OR LOCAL BUSINESSES BY VIRTUE OF RADIO INTERFERENCE;
  4. ANY ANCILLARY BUILDINGS OR OVERHEAD POWER LINES ARE KEPT TO A MINIMUM AND ARE DESIGNED AND SITED TO MINIMISE VISUAL IMPACT ON THE LANDSCAPE;
  6. ALL STRUCTURES ASSOCIATED WITH THE DEVELOPMENT WILL BE REMOVED AND THE SITE RESTORED IN THE EVENT THAT THE INFRASTRUCTURE BECOMES REDUNDANT.
 
 
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