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| Chapter 9 |
| DEVELOPMENT CONTROL POLICIES |
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Introduction |
| 9.1 |
The Local Planning Authority seeks to
encourage new development wherever possible and provide by way of
the local plan the framework within which applications are determined.
Development Control policies are designed to complement those policies
contained elsewhere in the Written Statement which relate to specific
sites or topics and also to supplement the broad policies contained
in the Structure Plan. They control particular types of development
or particular aspects of development (e.g. in order to minimise pollution
or visual intrusion). |
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Scope for Control |
| 9.2 |
In considering new development proposals,
the Local Planning Authority will have regard to matters such as scale,
design, siting, materials, density (in the case of housing), car parking,
service arrangements, means of access and landscaping (where appropriate). |
| 9.3 |
Density is an important consideration
because it is necessary to ensure efficient use of land within the
Borough whilst safeguarding the environment and amenity of the new
development with the surrounding area. |
| 9.4 |
In considering the layout of new development
proposals, it is important to ensure that the standards outlined in
the document 'Roads in Housing', 1997, (published by Derbyshire County
Council), are maintained in the interests of highway safety. |
| 9.5 |
The Local Planning Authority is concerned
that there is no overloading of existing public utility systems and
that development situated in areas of washland / flood risk will need
to ensure that buildings are protected from flooding and that important
washland is not lost to development. Access to water courses also
needs to be protected to enable maintenance to take place. |
| 9.6 |
The Local Planning Authority's approved
development control guidelines are to be provided as Supplementary
Planning Documents and Advice Notes. |
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Backland and Tandem Development |
| 9.7 |
Backland development is development of
land at the rear of existing development which may be carried out
in certain circumstances. There must be a proper means of access either
from a road to the side or rear, or by formation of an access through
a gap between existing dwellings, and there must be enough space between
and around the old and new dwellings to avoid harming the amenities
and privacy of existing and proposed dwellings. |
| 9.8 |
Tandem development, consisting of one house
immediately behind another and sharing the same access, is generally
unacceptable because of the difficulties of access to the house at
the rear and the disturbance and loss of privacy suffered by the house
at the front. |
| 9.9 |
In some circumstances, this type of development
can be detrimental to the amenities of other residents as a result
of overlooking of the rear gardens and elevations of adjacent development.
This type of development may also prejudice the future development
of a wider backland development by closing off access to it. This
policy, therefore, aims to protect the amenities of existing residents
and ensure that land is not rendered incapable of development by restricting
the formation of a suitable access to it in the future. |
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POLICY DC1 - BACKLAND
OR TANDEM DEVELOPMENT |
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APPLICATIONS FOR BACKLAND
OR TANDEM DEVELOPMENT WILL BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA
BEING SATISFIED: |
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1. |
THE PROPOSED DEVELOPMENT
IS WELL RELATED TO EXISTING DEVELOPMENT; |
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2. |
THE DEVELOPMENT HAS A SATISFACTORY
MEANS OF ACCESS; |
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3. |
THERE IS NO DETRIMENTAL
EFFECT ON THE RESIDENTIAL AMENITIES OF ADJOINING PROPERTIES; |
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4. |
THE DEVELOPMENT WILL NOT
PREJUDICE THE FUTURE COMPREHENSIVE DEVELOPMENT OF A WIDER AREA OF
WHICH THE APPLICATION SITE IS A PART. |
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Extensions to Dwellings |
| 9.10 |
There are a number of reasons why a householder
may wish to extend his/her dwelling but this usually arises out of
a requirement to provide additional family accommodation. |
| 9.11 |
Irrespective of the size of the extension,
good design is crucial to achieving a successful development. A well
designed extension, in keeping and in scale with the original house
will not only look better, but it will add value to the property.
Often it will be easier and cheaper to maintain than a poorly designed
one. A poorly designed scheme however can spoil not just the house
to which it is attached, but the surrounding area too. |
| 9.12 |
Extensions to dwellings will be permitted
provided that they relate well to existing and neighbouring dwellings
and do not have an adverse impact on the street scene. Extensions
should be constructed using appropriate building materials and in
the case of side extensions should avoid a terracing effect on the
street scene. |
| 9.13 |
In the interest of preserving the character
of the street and good design practice, two storey extensions (and
where possible single storey extensions) are normally required to
have a pitched roof. Flat roofed extensions will only be considered
on single storey extensions to the rear of an existing dwelling, where
it is not generally visible or where a flat roof is integral to the
original design. |
| 9.14 |
Extensions to dwellings in conservation
areas, to listed buildings, or in green belt areas are dealt with
elsewhere in the Plan. |
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POLICY DC2 - EXTENSIONS
TO DWELLINGS |
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EXTENSIONS TO DWELLINGS
WILL BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA BEING SATISFIED: |
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1. |
THE SCALE DESIGN AND EXTERNAL
MATERIALS OF THE PROPOSED EXTENSION IS IN KEEPING WITH THE DWELLING
TO BE EXTENDED, NEIGHBOURING PROPERTIES AND THE SURROUNDING AREA; |
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2. |
THE PROPOSED EXTENSION
WOULD NOT HARM THE AMENITIES OF NEARBY RESIDENTS; |
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3. |
SUFFICIENT SPACE TO PARK
VEHICLES WOULD REMAIN WITHIN THE CURTILAGE OF THE DWELLING; |
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4. |
THE PROPOSED EXTENSION
WOULD NOT RESULT IN A TERRACING EFFECT AS A RESULT OF GAPS BETWEEN
DWELLINGS BEING LOST; |
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5. |
THE PROPOSED EXTENSION
SHOULD HAVE A PITCHED ROOF. FLAT ROOFS WILL ONLY BE CONSIDERED ON
SINGLE STOREY EXTENSIONS TO THE REAR OF AN EXISTING DWELLING WHERE
THE VISUAL EFFECT IS MINIMISED OR WHERE A FLAT ROOF IS INTEGRAL TO
THE ORIGINAL DESIGN. |
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Agricultural Land |
| 9.15 |
It is important to protect the best and
most versatile agricultural land in the Borough from harmful development
as a resource for future generations. Agricultural land is classified
in its quality by the Department of the Environment, Food and Rural
Affairs. There is no grade 1 agricultural land within Erewash, a very
small amount of grade 2 and a significant amount of grade 3a. The
best and most versatile agricultural land within Erewash Borough is
classified Grade 2 and Grade 3a. |
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POLICY DC3 - THE PROTECTION
OF AGRICULTURAL LAND |
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DEVELOPMENT WILL NOT BE
PERMITTED WHICH RESULTS IN THE PERMANENT LOSS OR DAMAGE OF THE BEST
AND MOST VERSATILE AGRICULTURAL LAND, UNLESS ALL THE FOLLOWING CRITERIA
ARE MET: |
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1. |
THERE IS AN OVERRIDING
NEED FOR THE DEVELOPMENT; |
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2. |
THE DEVELOPMENT IS PROPOSED
ON THE LOWEST GRADE OF LAND AVAILABLE EXCEPT WHERE OTHER SUSTAINABILITY
CONSIDERATIONS SUGGEST OTHERWISE. |
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Non Conforming Uses |
| 9.16 |
In order to protect the amenities of residents
in primarily residential areas, non conforming uses that can result
in problems such as noise, smell, dust, traffic etc. will be resisted. |
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POLICY DC4 - NON CONFORMING
USES |
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IN PRIMARILY RESIDENTIAL
AREAS, PROPOSALS FOR NON CONFORMING USES THAT HARM THE AMENITY AS
A RESULT OF NOISE, DUST, FUMES, TRAFFIC GENERATION, HOURS OF BUSINESS
OR OTHER DISTURBANCE WILL NOT BE PERMITTED. |
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Public Art |
| 9.17 |
Public art can improve the attractiveness
of an area and promote a community's sense of civic pride. The Borough
Council wishes to introduce a "percentage for art scheme," whose aim
is to ensure that at least 1% of the cost of all major developments
(over £1m) is used to commission works of art. The Borough Council
will seek to negotiate contributions for public works of art from
developers of non-housing schemes via the development control process,
using Section 106 obligations wherever it is considered appropriate
from a locational point of view. |
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POLICY DC5 - PUBLIC
ART |
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WHERE APPROPRIATE, THE BOROUGH
COUNCIL WILL SEEK TO NEGOTIATE A CONTRIBUTION FROM DEVELOPERS OF MAJOR
RETAIL, COMMERCIAL, INDUSTRIAL OR LEISURE SCHEMES TOWARDS THE PROVISION
OF NEW WORKS OF ART. |
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Telecommunications |
| 9.18 |
The need for telecommunications apparatus
must be balanced against the need to protect the environment. In determining
an application consideration will be given by the Borough Council
to the constraints faced by mobile phone operators with regard to
the limitations of technology and the legal requirement to provide
a service. To minimise the intrusion of telecommunication equipment
new facilities should, where possible, be grafted onto existing masts.
However, where new provision is unavoidable, facilities should be
located in areas where the visual impact is minimised, and the amenity
of neighbours is not compromised. Height, materials, colour, landscaping
and screening will be matters for careful consideration. |
| 9.19 |
Although there is increasing concern about
potential health risks from such installations, it is not a function
of the planning system to replicate the controls over operators that
already apply under health and safety legislation. PPG8 states that
'if a proposed mobile phone base station meets ICNIRP guidelines for
public exposure it should not be necessary for a Local Planning Authority,
in processing an application for planning permission or prior approval,
to consider further the health aspects and concerns about them'. In
weighing the visual impact of the installation, as defined in criteria
3 and 4, the sensitive qualities of designated areas and their protective
policies will be taken into account when determining an application.
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POLICY DC6 - TELECOMMUNICATIONS |
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PROPOSALS FOR TELECOMMUNICATION
DEVELOPMENT WILL BE GRANTED PROVIDING THAT THE FOLLOWING CRITERIA
ARE SATISFIED: |
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1. |
THERE ARE NO SUITABLE EXISTING
FACILITIES THAT COULD BE SHARED OR EXPANDED; |
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2. |
THE PROPOSAL IS PART OF
A PLANNED NETWORK EXPANSION AND IS DESIGNED TO MINIMISE THE NEED FOR
ADDITIONAL MASTS OR STRUCTURES IN THE AREA; |
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3. |
DETAILS OF HEIGHT, MATERIALS,
COLOUR, LANDSCAPING AND SCREENING ARE ACCEPTABLE IN TERMS OF THE VISUAL
IMPACT OF THE SCHEME; |
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4. |
THE LOCATION AND THE DESIGN
ARE THE LEAST VISUALLY INTRUSIVE AVAILABLE AND TECHNICALLY ACCEPTABLE
OPTIONS; |
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5. |
AN UNDERTAKING IS GIVEN
TO REMOVE REDUNDANT FIXTURES FROM THE APPLICATION OR OTHER SITES IN
THE VICINITY USED BY THE SAME OPERATOR. |
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Development and Flood
Risk |
| 9.20 |
The Government requires local authorities
to give due regard to the risk of flooding when considering development
proposals, as part of the development control process. Also, the risk
of flooding needs to be addressed through local plan policies in order
to give a statutory policy context for development control and to
ensure that development proposals do not conflict with the principle
of avoiding development in areas of high risk of flooding. |
| 9.21 |
The Environment Agency has a leading role
in matters relating to flood defence with responsibility for main
rivers. In addition, the Borough Council is the operating authority
with permissive powers to carry out works on ordinary watercourses.
There are uncertainties in predicting flooding, an increase in which
is expected to result from future climatic change. It is for this
reason that flood risk areas have not been shown on the Proposals
Map as the Council does not wish to cause unnecessary blight to properties
and wishes to be able to update the information on a regular basis.
To this end indicative flood risk areas will be published as part
of a Supplementary Planning Document. The Environment Agency does
however provide advice on the indicative flood risk areas, and the
Council will produce a Supplementary Planning Document on the issue
of flood risk with the assistance of the Environment Agency. The Environment
Agency will regularly review and update the flood risk areas. The
Environment Agency flood maps show areas that would be affected in
a 1 in 100 and 1 in 1000 year flood event but attention must be had
to the wider risks of surface water flooding in any location. |
| 9.22 |
Further, there should be no loss of access
to watercourses for maintenance purposes or loss of floodplain through
development taking place. Again the advice of the Environment Agency
should be sought prior to formulating detailed plans. |
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POLICY DC7 - DEVELOPMENT
AND FLOOD RISK |
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PLANNING PERMISSION WILL
ONLY BE GRANTED FOR DEVELOPMENT PROPOSALS WITHIN AREAS OF FLOOD RISK
WHERE THE DEVELOPMENT WOULD HAVE NO ADVERSE EFFECT ON THE MANAGEMENT
OF THAT RISK. WHERE IT IS JUDGED THAT A DEVELOPMENT PROPOSAL WOULD
BE LIKELY TO INCREASE FLOOD RISK, SATISFACTORY COMPENSATORY MEASURES
WILL NEED TO BE INCORPORATED. |
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WHEN CONSIDERING DEVELOPMENT
PROPOSALS THE COUNCIL WILL HAVE REGARD TO THE NEED TO: |
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1. |
ENSURE THAT DEVELOPMENT
IS ADEQUATELY PROTECTED FROM FLOODING; |
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2. |
PROVIDE ACCESS TO A WATERCOURSE
FOR MAINTENANCE PURPOSES; |
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3. |
PREVENT DEVELOPMENT FROM
EXACERBATING EXISTING OR POTENTIAL FLOOD RISK; |
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4. |
ENSURE THAT THERE ARE NO
REASONABLE ALTERNATIVE OPTIONS AVAILABLE FOR THE PROPOSED DEVELOPMENT
IN A LOWER FLOOD RISK CATEGORY, CONSISTENT WITH OTHER SUSTAINABLE
DEVELOPMENT OBJECTIVES. |
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Sustainable Drainage Systems
(SUDS) |
| 9.23 |
The use of SUDS is an alternative to traditional
hard engineering drainage methods, its purpose being to encourage
sustainable methods of servicing development which will reduce the
risk of flooding and pollution which might otherwise arise from surface
run-off. There are six main methods; swales, filter strips, filter
drains, permeable surfaces, infiltration devices and basins, ponds
and wetlands. Successful implementation of a SUDS scheme will require
close co-operation between the developer, the Environment Agency and
the Council in relation to the design, maintenance and management
of the scheme. Developing more natural drainage solutions can also
have benefits for the landscape and local biodiversity. |
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POLICY DC8 - SUSTAINABLE
DRAINAGE SYSTEMS (SUDS) |
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THE BOROUGH COUNCIL WILL
ENCOURAGE THE USE OF SUDS SUCH AS REED BEDS, AS A MEANS OF TREATING
SURFACE WATER RUN-OFF FROM DEVELOPMENT SITES. IN PARTICULAR SUDS METHODS
WILL NORMALLY BE REQUIRED WHERE DEVELOPMENT INVOLVING SIGNIFICANT
SURFACE WATER RUN-OFF IS PROPOSED IN AREAS: |
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1. |
WHERE DIFFUSE POLLUTION
CAN REACH A WATERCOURSE WITHOUT ADEQUATE PRIOR FILTERING; |
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2. |
WHICH LIE UPSTREAM FROM
AN AREA PRONE TO FLOODING AND WHERE THE SLOWING DOWN OF SURFACE WATER
WOULD AVOID EXACERBATING THE PROBLEM, AND/OR |
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3. |
WHERE THE EXISTING DRAINAGE
SYSTEM IS RESTRICTED IN ITS ABILITY TO ACCEPT THE DEVELOPMENT PROPOSAL. |
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Designing Out Crime |
| 9.24 |
It is important to design new development
in such a way that opportunities for crime are reduced in accordance
with Section 17 of the Crime and Disorder Act. Measures may for example
include improved lighting, provision of CCTV cameras, security grills
to shop fronts, adjustments to walls, fences and footways, traffic
calming, and the provision of bollards. Each development proposed
would be considered from a "designing out crime" standpoint, in consultation
with the police or their advisors. It is envisaged that this would
apply to major development proposals but may also be useful for householder
applications where security could be improved by small changes to
a proposal. Legal agreements will be sought, where appropriate, to
improve security. |
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POLICY DC9 - DESIGNING
OUT CRIME |
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THROUGH THE DEVELOPMENT
CONTROL PROCESS, CONSIDERATION WILL BE GIVEN TO DESIGNING OUT CRIME.
WHERE APPROPRIATE, THE BOROUGH COUNCIL WILL SEEK TO NEGOTIATE SECTION
106 OBLIGATIONS WITH DEVELOPERS IN ORDER TO SECURE IMPROVED LIGHTING,
CLOSED CIRCUIT TELEVISION CAMERAS OR OTHER SECURITY MEASURES. |
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Design |
| 9.25 |
Design considerations have been given
increased emphasis by the Government following the publication of
a revised PPG1 in 1997. The guidance recognises that new buildings
and their curtilages have a significant effect on the character and
quality of an area. Because they are matters of public interest, the
appearance of the proposed development and its relationship to the
surrounding area are material planning considerations. Design of buildings
and urban design / site layout both require an understanding of the
context in which development takes place, whether urban or rural. |
| 9.26 |
Good design should be the aim of all those
involved in the development process and should be encouraged in Erewash.
Good design can help:- |
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- promote sustainable development
- improve the quality of the environment
- attract business and investment
- reinforce civic pride and sense of place
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| 9.27 |
The following policy sets out the criteria
against which development proposals should be considered. |
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POLICY DC10 - DESIGN |
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APPLICATIONS FOR BUILT DEVELOPMENT
WILL BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA BEING SATISFIED:- |
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1. |
THE DEVELOPMENT RESPECTS
OR ENHANCES THE CHARACTER OR APPEARANCE OF THE BUILDING, GROUP OF
BUILDINGS OR SURROUNDING AREA, PARTICULARLY IN SCALE, MASSING, AND
MATERIALS; |
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2. |
THE DEVELOPMENT RETAINS,
ENHANCES OR CREATES URBAN SPACES, VIEWS, LANDMARKS AND OTHER TOWNSCAPE
FEATURES WHICH MAKE A MATERIAL CONTRIBUTION TO THE CHARACTER OF AN
AREA; |
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3. |
THE DEVELOPMENT DOES NOT
HARM THE APPEARANCE OF AREAS OF PUBLIC OR PRIVATE OPEN SPACE, OR IMPORTANT
LANDSCAPE OR TOPOGRAPHIC FEATURES. |
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