 |
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| CORE POLICIES & PROPOSALS & SUPPORTING TEXT | |||
| 4 - CARING FOR THE ENVIRONMENT | |||
| See also paragraph 1.37 of the Plan Statement | |||
| Built Environment | |||
| Policy E1 | Town and Village Envelopes | ||
| Policy E2 | Development within Town and Village Envelopes | ||
| Policy E3 | Development Design and Quality | ||
| Policy E4 | Energy Efficiency | ||
| Policy E5 | Housing Development and Open Space | ||
| Policy E6 | Play Areas | ||
| Policy E7 | Rehabilitation and Re-Use of Brownfield Land | ||
| Policy E8 | Urban Regeneration | ||
| Policy E9 | Contaminated Land | ||
| Policy E10 | Conservation Areas | ||
| Policy E11 | Alteration of Listed Buildings | ||
| Policy E12 | Demolition of Listed Buildings | ||
| Policy E13 | Setting of Listed Buildings | ||
| Policy E14 | Re-Use of Listed Buildings | ||
| Policy E15 | Historic Gardens and Designed Landscapes | ||
| Policy E16 | Ancient Monuments and Archaeological Sites | ||
| Policy E17 | Ancient Monuments and Archaeological Sites | ||
| Policy E18 | Ancient Monuments and Archaeological Sites | ||
| Policy E19 | Street Furniture | ||
| Policy E20 | Public Art | ||
| Natural Environment | |||
| Policy E21 | Development in the Countryside | ||
| Policy E22 | Siting and Design | ||
| Policy E23 | Housing Development in the Countryside | ||
| Policy E24 | The Protection of Agricultural Land | ||
| Policy E25 | Water Courses | ||
| Policy E26 | Green Corridors | ||
| Policy E27 | Nature Conservation – International Sites | ||
| Policy E28 | Nature Conservation – National Sites | ||
| Policy E29 | Nature Conservation – Local Sites | ||
| Policy E30 | Nature Conservation Enhancement | ||
| Policy E31 | Nature Conservation Enhancement | ||
| Policy E32 | Trees and Woodlands | ||
| Policy E33 | Trees and Woodlands | ||
| Policy E34 | Tree Preservation Orders | ||
| Policy E35 | Trees on Development Sites | ||
| Policy E36 | New Tree Planting | ||
| Policy E37 | Commercial Afforestation | ||
| Policy E38 | The Coast | ||
| Policy E39 | Landfill | ||
| Policy E40 | Waste Management | ||
| Policy E41 | Waste Management | ||
| 1. BUILT ENVIRONMENT | |||
| TOWN AND VILLAGE ENVELOPES | |||
| Policy E1 | Outwith the settlement limits as defined by town and village envelopes shown on the Proposals Map, development will only be supported where it is in accordance with policies E21 to E41. | ||
| See also policies E2, E7, E21, E23, E41 and I4 | |||
| Justification: Town and village envelopes as shown on the Proposals Map define the existing and planned development limits of individual settlements. They prevent the unplanned outward expansion of settlements into the countryside, where developments will be controlled by policies E21 to E41. The envelopes, and the Local Plan allocations within them, have been determined by a variety of factors, including: physical boundaries such as roads, walls, woodlands and landform; the protection of sites of amenity or conservation value; agricultural land quality; whether or not sites have planning permission; and the requirement for additional development land to meet community needs whilst also having regard to the avoidance of settlement coalescence. | |||
| DEVELOPMENT WITHIN TOWN AND VILLAGE ENVELOPES | |||
| Policy E2 | Within the settlement limits as defined by town and village envelopes, development will be supported where: - | ||
| either | |||
| (a) | It conforms to the policy framework applying to the site; | ||
| or | |||
| (b) | it is for a brownfield, gap or infill site with a single use or compatible mix of uses; | ||
| or | |||
| (c) | It is provision for affordable or special needs housing, | ||
| and the proposal: | |||
| (i) | is not prejudicial to the land supply strategy of the Local Plan; and | ||
| (ii) | is compatible with neighbouring uses; and will not adversely affect the privacy of neighbours; and | ||
| (iii) | is connected to the public drainage system where available; and | ||
| (iv) | will not result in the loss of amenity or public open space needed to maintain an adequate level of local provision; and | ||
| (v) | respects the character and appearance of the adjacent townscape in terms of density, scale, massing, design, external finishes and access arrangements; and | ||
| (vi) | will not lead to the loss of mature or semi-mature trees without the strongest justification; and | ||
| (vii) | complies with any development brief or other planning guidance which has been agreed or issued by Fife Council. | ||
| Justification:
Where land falls within the settlement limits, it does not necessarily
imply that development will always prove acceptable. Development proposals
will still need to satisfy the criteria in Policy E2 which aim to
protect and enhance the amenity of built-up areas; whilst support
is offered to proposals which maximise the potential of development
land. Care must be taken to avoid over-development or damage to any
special character, particularly in conservation areas and low-density
areas comprising larger properties. See also policies E1 and E7 |
|||
| DEVELOPMENT DESIGN AND QUALITY | |||
| Policy E3 | All new development must make a positive contribution to its immediate environment by: | ||
| (a) | demonstrating and ensuring that well thought out design has been pursued; and | ||
| (b) | maximising the contribution of any existing site features, in particular landform, trees, wildlife habitats and watercourses; and | ||
| (c) | its form, scale, layout, detailing and choice of materials; and | ||
| (d) | providing high standards of architecture; and | ||
| (e) | protecting personal privacy and amenity; and | ||
| (f) | enhancing community safety; and | ||
| (g) | providing safe and convenient access for pedestrians, cyclists and people with disabilities and/or impaired mobility, including safe routes to school, and for sustainable modes of travel; and | ||
| (h) | providing high standards of landscaping and, where appropriate, the creation and enhancement of wildlife habitats; and | ||
| (i) | the incorporation of properly laid out and safely equipped amenity and recreational space, where relevant to the land use; and | ||
| (j) | the proper incorporation of water and energy conservation; and | ||
| (k) | minimising waste by design and during construction; and | ||
| (l) | incorporating appropriate waste recycling, segregation and collection facilities; and | ||
| (m) | securing the long-term maintenance of public and common areas, where necessary by binding agreement prior to the granting of planning permission. | ||
| The application of innovative design solutions will be encouraged. To maintain and raise design standards throughout Fife, all development proposals must comply with the principles as described in the Council's Urban Design Framework. | |||
| For larger and more prominent or sensitive sites, Fife Council may prepare development briefs and/or Master Plans, setting out these parameters, or may require developers to do so. Subsequent development will require to conform to the brief. | |||
| See also policies E22, E23 and T5 | |||
| Justification: The Council expects high standards of design and environmental quality in all new developments in order to enhance the built environment and to protect the character of individual areas, in support of the provisions of SPP1. New developments shall incorporate proposals to maintain the local diversity and distinctiveness of landscape character, as identified in the Fife Landscape Character Assessment, including natural and built heritage features of landscape value such as woodland, hedges, ponds, stone walls and historic sites; and enhance landscape characteristics where they have been weakened and need improvement. Particular consideration should be given to the relationship of the proposed development to the surrounding buildings or landscape. The Council fully supports the approach set out in Planning Advice Note 44 "Fitting New Housing Development into the Landscape" and the Scottish Executive policy statement "Designing Places", the principles of which can be applied to most developments. Policy ENV3 of the Draft Fife Structure Plan "Fife Matters" is also a material consideration. It is also expected that privacy, amenity and safety will be properly taken account of in the design. Safety considerations include both road safety by, for example, providing for pedestrian and cycle use and employing traffic calming measures, and the safety of the public from crime by layout and landscape design which provides open and defensible public space. | |||
| Where larger developments are proposed or where the site is prominent or environmentally sensitive, a detailed development brief and/or Master Plan may be prepared by the Council to guide developers on key issues. The developer will be required to demonstrate that the environmental and traffic impacts of the proposals are acceptable by preparing both environmental and transport assessments. For major developments a master and phasing plan, showing all land uses and the timescale for implementation, will also be required to ensure an integrated and comprehensive development. In addition, Fife Council has produced an Urban Design Framework which is intended to maintain and raise design standards throughout Fife and new development must take full account of the guidance it contains. | |||
| ENERGY EFFICIENCY | |||
| Policy E4 | Development will be required to secure the most practicable energy efficiency benefits by use of layout, siting, orientation, building design features and other energy efficient measures. | ||
| Justification: The Energy White Paper "Our Energy Future - Creating a Low Carbon Economy" indicates that significant reductions in emissions could be achieved by 2020 by securing energy efficiency in households, industry, commerce and the public sector. Energy efficient buildings will contribute to reduced fossil fuel consumption. This can be achieved by a range of design techniques, including appropriate siting and orientation of new development (solar passive design), and appropriate choice of materials. The design, location and orientation of buildings should therefore maximise the opportunities for energy efficiency through the creation of sheltered microclimates and by taking advantage of south-facing slopes for passive solar gain. Building regulations require all new dwellings to have an energy rating calculated in accordance with the Standard Assessment Procedure (SAP). This is the Government's chosen method of informing householders of the overall energy efficiency of a dwelling. Re-use of building materials and/or sourcing materials locally can also contribute to the conservation of resources and should be incorporated into design proposals wherever possible. | |||
| HOUSING DEVELOPMENT AND OPEN SPACE | |||
| Policy E5 | Housing developers will be required to provide a minimum 0.6 hectares of public open space for every 100 houses. Flexibility may be applied in using this standard for small sites, town centre sites, brownfield sites and where sites are adjacent to existing public open space. | ||
| Justification:
In determining open space requirements for new housing developments,
the needs of all age ranges should be taken account of, and consideration
will be given to existing local provision, the need for open space
in the vicinity, and the type of facilities required. The level of
facilities needed will vary with location, type of housing and market
segment. As a minimum, 0.6 hectares of usable open space will be required
for every one hundred houses proposed on greenfield sites. Smaller
schemes will be assessed on a pro rata basis. Policies C8 and C9 deal
with established areas of open space and seek to prevent its loss.
During the lifetime of the Local Plan, the Council will produce a
detailed Guidance Note on the provision of open space for new development.
Developers will be required to ensure that maintenance arrangements
and procedures are established for public and common areas. Where
appropriate, development bonds will be required to ensure the provision
of landscape and other facilities. See also policies C8 and C9. |
|||
| PLAY AREAS | |||
| Policy E6 | Housing developers will be required to provide accessible and secure play areas and play equipment commensurate with the scale of development. Flexibility may be applied where there is planned occupancy by single persons or the elderly. | ||
| Justification: The requirement for play space will either be set out in development briefs, or agreed with Development Services prior to the submission of a planning application. | |||
| REHABILITATION AND RE-USE OF BROWNFIELD LAND | |||
| Policy E7 | Development securing the redevelopment and/or re-use of derelict land or vacant land will be promoted and/or supported where the new use: | ||
| (a) | is appropriate to and compatible with the surrounding area; and | ||
| (b) | provides environmental, community and economic benefits; and | ||
| (c) | can be achieved in an environmentally acceptable and sustainable manner. | ||
| Subject to the above and, as appropriate, to Policy E1 or the criteria in Policy E2, development of the sites in the Action Plan for the purposes indicated will be supported. | |||
| Justification:
The development of brownfield sites is integral to the Plan Strategy.
Fife Council wishes to encourage the development of the sites which
can contribute to the overall aims of the Local Plan. Fife Council
will ensure that the proposed new uses will be appropriate and compatible
with the surrounding area, will provide a range of benefits and will
be capable of being achieved in an environmentally acceptable and
sustainable manner. The Council will apply these criteria when considering
speculative proposals for the development of brownfield land. Notwithstanding
this, however, it is recognised that some brownfield sites may have
an ecological, wildlife or amenity value and be important in terms
of biodiversity such that they warrant an evaluation to determine
if re-development is appropriate. See also policies E1 and E2. |
|||
| URBAN REGENERATION | |||
| Policy E8 | Fife Council will, in conjunction with other agencies, support community regeneration objectives in Mid and West Fife. | ||
| Justification: The Council in conjunction with Communities Scotland has identified 4 priority areas for housing-led regeneration across Fife. These are Dysart, Buckhaven & Methil, Abbeyview and Lochgelly. | |||
| CONTAMINATED LAND | |||
| Policy E9 | When considering development proposals involving sites where the presence of contamination is suspected, Fife Council will require developers to: | ||
| (i) | Submit details of site investigation to assess the nature and extent of any contamination which may be present; and | ||
| (ii) | Where contamination is known to be present, notify Fife Council of the appropriate remediation measures proposed to render the site fit for its intended use. | ||
| Where possible, remediation strategies must be agreed by Fife Council, in conjunction with SEPA where appropriate, prior to the determination of any planning application. | |||
| Justification: Fife Council will work with SEPA, Scottish Water and other agencies, polluters and landowners to prevent or reduce pollution from known contaminants. Where new and potentially contaminating development is otherwise acceptable, detailed design and planning conditions will be required to ensure that pollution is minimised and contained. The Council will also work with others to seek the remediation of land known to be contaminated, particularly where such land is proposed for development. To this end, it has an approved Contaminated Land Inspection Strategy. The terms of Planning Advice Note 33 - Development of Contaminated Land - are also relevant. | |||
| CONSERVATION AREAS | |||
| Policy E10 | Development proposals within Conservation Areas (and designated extensions) will be required to make a positive contribution to the character and appearance of the area. They should be compatible in terms of setting, design, finish, density, scale, massing and use of authentic replacement elements. | ||
| Justification:
Conservation Areas are designated because they are of special significance
to townscape. Changes to their character must be very carefully considered
if environmental quality is to be maintained. Authenticity of detail
and of overall approach is of paramount importance. Proposals which
fail to respect their unique character will be unlikely to succeed
in obtaining consent. See also paragraph 1.40 of the Plan Statement |
|||
| ALTERATION OF LISTED BUILDINGS | |||
| Policy E11 | Alterations or extensions to a listed building, or development within the curtilage of a listed building, should preserve features of special architectural or historic interest, match or complement the design, details and external finish of the building, and not detract from its appearance or setting. | ||
| DEMOLITION OF LISTED BUILDINGS | |||
| Policy E12 | The demolition of a listed building, or of an architecturally important building in a Conservation Area, will not be supported unless: - | ||
| (a) | exceptional circumstances are demonstrated; and | ||
| (b) | a contract is in place for an appropriate redevelopment scheme; and | ||
| (c) | every effort has been made to find practical ways of keeping it. | ||
| Justification: Listed buildings are part of an important finite asset that should be safeguarded for present and future generations. | |||
| SETTING OF LISTED BUILDINGS | |||
| Policy E13 | Development proposals affecting listed buildings and their settings should not detract from those settings, and will be required to conform to the highest design standards, including siting, materials, landscaping and boundary enclosures. | ||
| Justification: Listed buildings are an important part of the area's heritage and will be protected from alteration, extension or development which would affect their character, setting or any features which have led to their designation. All proposals affecting listed buildings require to be very sympathetic in design and finish. Fife Council expects every effort to be made to ensure Listed Buildings remain sound and in beneficial use, and will give strong weight to the advice of Historic Scotland in assessing proposals, and the guidance contained in the Memorandum of Guidance on Listed Buildings and Conservation Areas, 1998. The Council, in conjunction with Historic Scotland, will continue to identify buildings worthy of listing. Where an unlisted building of character is threatened with demolition or unsympathetic alteration, a Building Preservation Notice may be served. | |||
| RE-USE OF LISTED BUILDINGS | |||
| Policy E14 | Where a historic building can no longer reasonably be expected to serve its original purpose in the longer term, new uses will be supported where: - | ||
| (a) | impact upon the special architectural or historic interest of the building or area is acceptable; and | ||
| (b) | it does not detract from the character and setting of the building(s) and surrounding area; and | ||
| (c) | the form, important detailing and historic interest of the structure are retained; and | ||
| (d) | development proposals demonstrate best viable use. | ||
| Justification: The historic environment is a finite resource and efforts to encourage its preservation and continued use will ensure its retention. Promoting the use and re-use of land and buildings within the historic environment can contribute towards sustainable development. Although the most appropriate use of an historic building is likely to be the use for which it was designed, it may no longer be reasonable to expect this in the long term. As an alternative, the aim should be to identify the best viable use that is compatible with the fabric, setting and character of the historic environment. For more detailed advice relating to window replacement please refer to the council's Planning Customer Guidelines on Replacement Windows and Double-Glazing. | |||
| HISTORIC GARDENS AND DESIGNED LANDSCAPES | |||
| Policy E15 | Sites included in "An Inventory of Gardens and Designed Landscapes in Scotland", and others which during the lifetime of the Plan may be assessed as worthy of Inventory status, will be protected from development which would adversely affect their character. Features which have led to their designation will be safeguarded. Protection will also be given to non-Inventory Historic Gardens and Designed Landscapes recorded in Fife Council's Sites and Monuments Record. | ||
| Justification: Historic Gardens and Designed Landscapes provide the setting for historic buildings and enrich the diversity of the Fife landscape. A range of elements, either partial or complete, contributes to a sense of place and adds to community well-being. They are designated on the basis of their works of art, historical, horticultural, architectural, scenic and nature conservation value, and the Council will protect them from any development which would adversely affect their overall character including their setting or any feature of value. | |||
| ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES | |||
| Policy E16 | Development, which would adversely affect Scheduled Ancient Monuments or sites recorded on the Non-statutory List of Sites and Monuments, will not be permitted unless exceptional circumstances are demonstrated. Elsewhere, the preservation in-situ of Archaeological Sites and Areas of Regional Importance, as well as local archaeological sites, will be balanced against the benefits of the proposed development. | ||
| Policy E17 | Provision will require to be made for archaeological investigation and recording: - | ||
| (a) | Prior to the commencement of any development either within an Archaeological Area of Regional Importance or which would destroy, cover or otherwise affect a Scheduled Ancient Monument or an Archaeological Site of Regional Importance; | ||
| or | |||
| (b) | During any development which uncovers as yet unidentified remains considered by Fife Council to be of regional importance. | ||
| All programmes of archaeological work must be undertaken to professional standards at the sole expense of the developer. | |||
| Policy E18 | Where compatible with their preservation, proposals for the enhancement, promotion and interpretation of ancient monuments and archaeological sites will be supported. | ||
| Justification:
A number of Archaeological Sites of Regional Importance have been
identified by the Council in the Plan area. Details are available
from Fife Council's Archaeologist. These are amongst the most important
examples of their type in Fife, and the Council will continue to oppose
development which would adversely affect them or their settings. The
list identifies Scheduled Ancient Monuments which have been designated
by the Scottish Executive as being of national importance. They are
stringently protected by law. The Council will seek to enhance and
secure the sensitive management and, where appropriate, interpretation
of sites and landscapes, and will continue to extend Fife's database
of our cultural heritage. See also proposal 5 |
|||
| ADVERTISEMENTS AND SIGNS | |||
| For policy guidance relating to advertisements and signs please refer to the Council's Planning Customer Guideline "Display of Advertisements". | |||
| STREET FURNITURE | |||
| Policy E19 | The design and location of street furniture should be sympathetic to local characteristics and, where appropriate, should use materials, colours and styles in keeping with the traditional character of its setting, or with any existing street furniture which is being retained. | ||
| Justification: Street furniture such as telephone call boxes, lamp standards, refuse bins, public shelters and posting boxes collectively influence the appearance of urban streetscapes to a great degree. Most items of street furniture are installed by, or are the responsibility of, local authorities and statutory undertakers. The impact of poorly designed or located street furniture can be significant, however, especially in sensitive settings such as Conservation Areas and close to listed buildings. Consequently, the Council will actively encourage, and expect close liaison with, those bodies responsible for street furniture to promote greater sensitivity in the siting and design of these structures. Fife Council will examine its own areas of responsibility, with a view to using more sympathetic designs and materials (for items such as litterbins) in locations where the highest standards of design are required. | |||
| PUBLIC ART | |||
| Policy E20 | Fife Council will, in appropriate circumstances, promote the provision of new works of art as part of development proposals and, in determining any application for planning approval, will have regard to the contribution made by any such works to the appearance of the scheme and to the amenity of the area. In cases where capital costs exceed £1 million, the Council will require developers to contribute 1% of the total building cost to the commissioning of public art as an integral part of the development. | ||
| Justification: The encouragement of public art includes involving artists and the local community in the design of the built environment, enriching the sense of place, greatly enhancing the visual quality of buildings and public spaces and fostering community pride. Policy E20 will be applied to increase the provision of works of public art throughout Fife as part of Fife Council's Public Art Strategy. Percent for Art is a funding mechanism for public art projects, whereby a proportion of the capital costs of building and environmental schemes is set aside for the inclusion of work by artists and craftspeople. There may be circumstances where the cost of works falls below £1 million but the site lies in a prominent location where the provision of public art could contribute to the amenity of the wider area. In these circumstances, the Council will seek developer contribution. In all circumstances, commissions should be sought at an early stage and agreements sought to ensure long-term maintenance. | |||
| OTHER DESIGN GUIDELINES | |||
| Fife Council produces specific guidelines on "Roller Shutters", "The Design of Shop Fronts", and other design matters, which supplement Local Plan policies. Developers are expected to comply with these guidelines, which are available from Development Services, and are reviewed and updated on a regular basis. | |||
| 2. NATURAL ENVIRONMENT | |||
| DEVELOPMENT IN THE COUNTRYSIDE | |||
| Policy E21 | Outwith the settlement limits as defined by town and village envelopes, development will be only supported where it: - | ||
| (a) | (i) | is required for rural economic activities such as agriculture, forestry, leisure or tourism; or | |
| (ii) | demonstrates a proven need for a countryside location; or | ||
| (iii) | is justified by policy E23 on housing development in the countryside; or | ||
| (iv) | is for a brownfield, gap or infill site to which services can be provided; or | ||
| (v) | is for affordable or special needs housing; | ||
| and | |||
| (b) | is compatible with surrounding uses; and | ||
| (c) | contributes positively to the rural economy and maintains or enhances local services; and | ||
| (d) | can demonstrate that neutral or positive net environmental impact will occur. | ||
| Justification:
The area outwith the town and village envelopes established in Policy
E1 is defined as "countryside" which the Plan seeks to protect from
development. It is, however, recognised that there are rural, leisure
and tourism activities which require a countryside location or which
are important contributors to the diversification of farms requiring
to develop non-agricultural enterprises in order to survive as viable
businesses. Any new development in the countryside will require to
be fully justified in terms of its environmental impact. Whilst much
can be done to mitigate the environmental effects of development through
the use of planning conditions or agreements, there may be instances
where the scientific evidence is inconclusive but the potential damage
could be significant. Where there are good scientific grounds for
judging that a development could cause significant irreversible damage
to natural heritage, the Council will apply the precautionary principle.
Where it appears that such a precautionary approach is justified,
the Council will either refuse or impose constraints on the development
proposal. The terms of Policy I4 will also apply in relation to water
and sewerage provision. See also policies B3, E1, E23, E41 and I4 and paragraph 1.42 of the Plan Statment |
|||
| SITING AND DESIGN | |||
| Policy E22 | Development in the countryside will require, through careful siting and design, to be sympathetic to the local landscape character in terms of scale, form, use of materials and visual impact. | ||
| Justification:
Where development in the countryside is acceptable in principle, the
design guidelines in Policies E3 and E23 will apply, to ensure high
quality. Sensitive location and siting of development is also essential
to its successful integration into the natural environment. The Fife
Landscape Character Assessment, which examines the capacity of different
landscape types to accommodate development, will therefore be material
to locating and minimising the impact of acceptable proposals, as
will any Landscape Plans. See also policies E3 and E23 and paragraph 1.42 of the Plan Statement. |
|||
| HOUSING DEVELOPMENT IN THE COUNTRYSIDE | |||
| Policy E23 | The development of new housing outwith the town and village envelopes defined in Policy E1 will only be supported if the proposal: - | ||
| (a) | is justified by the operational needs of agricultural/forestry operations or other rural businesses and will be located as an integral part of those businesses; or | ||
| (b) | is for a brownfield, gap or infill site within an established and clearly defined cluster of dwellings of 5 or more houses, to which services can be provided at reasonable cost; or | ||
| (c) | involves the renovation of a substantially complete building (i.e. external walls are complete and sound to wallhead level) last used as a house; or | ||
| (d) | takes the form of an alteration or change of use of redundant non-residential buildings of traditional long-life construction which cannot otherwise be used for a rural economic purpose; or | ||
| (e) | involves the demolition and replacement of a single dwelling house which cannot otherwise be brought up to modern standards at a reasonable cost; or | ||
| (f) | is for affordable or special needs housing. | ||
| Where buildings are of non-traditional construction but form part of an existing group of farm buildings, change of use may also be supported. | |||
|
Justification: Fife Council's policy approach involves the
management of development in the countryside which, if left unchecked,
could result in gradual erosion of the rural landscape, character,
and setting. In its Scottish Planning Policy 3 "Planning for Housing"
(SPP3), for example, the Government has sought to discourage isolated
development in the countryside unless there are particular circumstances
which would justify it. Where a new house is proposed as an integral
part of a business, the business must be operational for at least
2 years and must be capable of providing the whole or main source
of livelihood for the occupant. |
|||
| THE PROTECTION OF AGRICULTURAL LAND | |||
| Policy E24 | Irreversible development of prime agricultural land will be supported only if there are overriding national or local circumstances. | ||
| Justification:
Despite recent changes in agriculture and the trend toward farm diversification,
there is still a need to protect prime quality agricultural land as
a long-term national resource. Prime quality land is that which falls
into Classes 1, 2 and 3.1 as defined by the Macaulay Land Use Research
Institute and is the most productive agricultural land. See also paragraph 1.42 of the Plan Statement |
|||
| WATER COURSES | |||
| Policy E25 | Watercourses in the Local Plan area will be protected from the adverse effects, both direct and indirect, of development and there should be no deterioration in the ecological status of watercourses as a result of development. The quality of ground water resources must be protected. Opportunities for the improvement of degraded watercourses will be taken, where they arise. Culverting of watercourses will not be supported and alternative design schemes will be required. | ||
| Justification: Rivers, burns, lochs and ponds are a focus for wildlife and native woodland. They are usually a scenic asset, and are often a recreational resource. The Fife Local Biodiversity Action Plan, together with the policies and proposals in the Local Plan, provides the basis upon which the Council will seek to protect these natural assets. Development which may result in pollution, erosion, channelisation, major culverting, the loss of habitat, or any other detriment to the amenity of the watercourse, will not be supported. | |||
| The Scottish
Environment Protection Agency (SEPA) has responsibility for controlling
the quality of run-off into open watercourses and is promoting new
techniques to reduce pollution (sustainable urban drainage systems
or SUDS). Further information on ecological status and the implications
of the Water Framework Directive may be obtained from SEPA. In all
development, regard should be had to the terms of Policies I4, I5
and I6. See also policies I4 - I6. |
|||
| GREEN CORRIDORS | |||
| Policy E26 | Green corridors will be protected from development, and their enhancement sought. | ||
| Justification: The Local Plan identifies a number of river and woodland corridors, and other undeveloped areas within settlement boundaries form green corridors, which are valuable as wildlife habitats, water run-off retention areas, and/or informal recreational resources. They are to be retained and protected, with enhancement sought to public access and wildlife habitats where appropriate. | |||
| NATURE CONSERVATION - INTERNATIONAL SITES | |||
| Policy E27 | Development likely to have a significant effect on a Natura 2000 site will be subject to an appropriate assessment of the implications for the site's conservation objectives. The development will only be permitted where the assessment indicates that: | ||
| (a) | It will not adversely affect the integrity of the site; or | ||
| (b) | There are imperative reasons of overriding public interest, including those of a social or economic nature, and there are no alternative solutions. | ||
| Where such a site hosts a priority habitat and/or priority species as defined by the Habitats Directive (92/43/EC), the only overriding public interest must relate to human health, public safety or beneficial consequences of primary importance to the environment. Other allowable exceptions are subject to the views of the European Commission. | |||
| Justification: A hierarchical approach is adopted to nature conservation with sites of international importance, Natura 2000 (SAC and SPA) and Ramsar sites being afforded the highest level of protection. The Fife Environmental Recording Network (FERN) of Fife Council holds detailed information on nature conservation sites across Fife. | |||
| NATURE CONSERVATION - NATIONAL SITES | |||
| Policy E28 | Development which would affect a National Nature Reserve or a Site of Special Scientific Interest will only be permitted where ecological appraisals have demonstrated to the satisfaction of the Council as planning authority that: | ||
| (a) | The overall objectives of designation and the overall integrity of the designated area would note be compromised; or | ||
| (b) | Any adverse effects on the qualities for which the area has been designated are clearly outweighed by social or economic benefits of national importance. | ||
| Justification: Sites of national importance to nature conservation are protected by their designation as National Nature Reserves or Sites of Special Scientific Interest (SSSIs). SSSIs, in turn, form the foundation for a range of additional designations. Fife contains, either wholly or partly, over 50 SSSIs. It is therefore important to afford such sites an appropriate level of protection. | |||
| NATURE CONSERVATION - LOCAL SITES | |||
| Policy E29 | Development which would adversely affect sites containing habitats, species, and/or geological or geomorphological features of local or regional importance, whether designated or otherwise, will not normally be permitted except where ecological appraisals have demonstrated to the satisfaction of the Council as planning authority that: | ||
| (a) | the overall integrity of the site and the features of natural heritage value will not be compromised; or | ||
| (b) | it can be demonstrated that the economic and social benefits arising from the proposal significantly outweigh the natural heritage value of the site. | ||
| NATURE CONSERVATION ENHANCEMENT | |||
| Policy E30 | Where development has the potential to impact on international, national, regional or locally important sites, applicants will be required to submit an ecological appraisal of the proposal detailing how any impact will be minimised or mitigated. The Council will require, as part of development proposals, a net benefit to the conservation of the natural heritage through habitat creation and/or enhancement. | ||
| Justification: Whilst designated sites may contain the most important examples of flora, fauna and geology, it should be recognised that the majority of such resources occur outside these sites. Developers are required to consider the impact of their proposals on nature conservation interests and to take appropriate measures to maintain and, where possible, enhance this interest. The Council encourages pre-application discussion on the scoping of ecological appraisals. The Nature Conservation (Scotland) Act 2004 proposes the further conservation of biodiversity. | |||
| Policy E31 | All valuable wildlife habitats, including landscape features which have a migration or dispersal value to wild flora and fauna, will be safeguarded from development. | ||
| Justification: Article 10 of the Habitats Directive of the European Union requires member States to endeavour, where they consider it necessary in their land use planning and development policies, to encourage the management of features of the landscape which are valuable for wild flora and fauna. Such features are those which, because of their linear and continuous structure, or their function as "stepping stones", are essential for migration, dispersal and genetic exchange. Examples given in the Directive are rivers with banks, traditional field boundary systems, ponds, and small woods. These policies are complemented by the "Fife Local Biodiversity Action Plan" which establishes a framework for the protection and enhancement of nature within the Local Plan area. | |||
| TREES AND WOODLANDS | |||
| Policy E32 | Proposals for forestry and community woodland will be supported where they: | ||
| (a) | are consistent with the Indicative Forestry Strategy and Fife Landscape Character Assessment; and | ||
| (b) | secure economic, social and environmental benefits; and | ||
| (c) | contribute to enhancing Fife's biodiversity; and | ||
| (d) | enhance the landscape setting of settlements; and | ||
| (e) | assist in integrating new development into the landscape; and | ||
| (f) | provide linkages to other woodland areas which in turn will enhance their benefits to biodiversity. | ||
| Justification: The Indicative Forestry Strategy (IFS) is contained in the Structure Plan Report of Survey. The IFS seeks to direct new woodland to locations that do not have an adverse impact on the natural or built environment and where economic, social and environmental benefits can be obtained. Economic benefits derive from timber production and tourism while social and environmental benefits include improved public access, improved recreational opportunities and landscape and biodiversity enhancements. Community involvement in the planting and management of woodland through partnership and other arrangements will be encouraged to ensure maximum local benefits are secured. New woodland can enhance the landscape setting of existing settlements and help integrate new development into the landscape. The IFS and the Fife Landscape Character Assessment will be taken into account when commenting on woodland planting proposals. | |||
| Policy E33 | Trees, woodlands and hedgerows, which have a landscape, amenity and/or nature conservation value, will be protected from development. | ||
| Justification: Throughout the Plan area, trees and woodlands support wildlife, provide a diversity of habitats, enhance the amenity of the countryside and built environment and improve air quality. They also provide an important contribution towards recreation and tourism. Their protection and management is an important objective of this Local Plan, particularly where they have been identified by the Inventory of Ancient, Long-Established and Semi-Natural Woodland. | |||
| TREE PRESERVATION ORDERS | |||
| Policy E34 | Tree Preservation Orders will be designated by Fife Council where a tree or group of trees has an important amenity value and, in particular, where under possible threat. Support will not be given for works to a tree or woodland protected by a Tree Preservation Order unless it is demonstrated that: - | ||
| (a) | the health and appearance of the tree will not be impaired; and, | ||
| i) | the works will not unjustifiably inhibit or prevent the full and natural development of the tree; or | ||
| ii) | the works are necessary for its continued retention and consistent with good arboricultural practice; or | ||
| iii) | in the case of a woodland, the proposed works are consistent with the principles of sound woodland management and good arboricultural practice; | ||
| or | |||
| (b) | the trees are dead, diseased or dangerous, in which case felling may be necessary. | ||
| Where felling is necessary under the terms of this policy, appropriate replacement planting will be required. | |||
| Justification: The Council cannot provide protection to all trees and woodlands. It can, however, designate Tree Preservation Orders, control the felling of trees for development, and enter into agreements with owners of trees and woodlands to encourage proper management and public access. Tree Preservation Orders provide protection in law for significant trees. In assessing the value of a tree or group of trees, the Council will consider the aesthetic, recreational and wildlife value, the rarity, and the value as an example of a particular species. Trees in Conservation Areas are given similar protection to those protected under a Tree Preservation Order. | |||
| TREES ON DEVELOPMENT SITES | |||
| Policy E35 | Where development is proposed on a site where trees are present, | ||
| (a) | developers will be required to:- | ||
| i) | submit a comprehensive tree survey; | ||
| ii) | identify on site any affected trees; and | ||
| iii) | submit for agreement by Fife Council a programme of works, details of tree protection and landscaping proposals, including any appropriate tree planting. | ||
| (b) | Fife Council will consider whether, and in what form, development should be supported, having regard to the desirability of retaining and protecting mature and semi-mature trees, and other examples likely to become attractive in amenity terms or of a rare species. The provisions of Policy E34 will be considered. | ||
| Justification: The Council recognises that trees and woodlands will require sound management which often requires work to the trees themselves. All tree work must comply with BS 3998: 1991 - Recommendations for Tree Work. This will ensure best practice. Tree felling may also require a Felling Licence which requires replanting irrespective of the presence of Tree Preservation Orders (detailed guidance is given in "Tree Felling and Permissions" available from the Forestry Commission). The Council will generally not support work to preserved trees solely for reasons of residential amenity. Policies E34 and E35 will also apply to the protection of street trees, particularly where affected by duct-laying operators. Considerable damage can be caused to trees by the installation of utilities. Work should be carried out in accordance with the guidance set out by the National Joint Utilities Group Publication 10 - Guidelines for the Planning, Installation and Maintenance of Utility Services in Proximity to Trees, April 1995. | |||
| NEW TREE PLANTING | |||
| Policy E36 | New on-site tree planting will be sought, where appropriate, as an integral part of new development. Planning agreements will be used to achieve off-site or other additional tree planting where appropriate and partnerships encouraged to secure tree planting and sustainable woodlands. | ||
| Justification: Where trees have to be felled as an element of site development, or are affected by development, it is essential that this is professionally overseen. Replacement planting will normally be specified to compensate for the loss of any trees. Works should be carried out in accordance with the guidance set out by the National Joint Utilities Group and BS5837: 1991 - Trees in Relation to Construction. There are frequent concerns that trees, particularly when they become mature, will fall on adjacent property. Detailed consideration of the relationships between existing trees and new development is needed and professional arboricultural advice must be sought to ascertain potential conflicts. The choice of species for new planting in relation to existing buildings, and within and around development sites, should be influenced by the physical and technical restrictions posed by the site. Works should be carried out in accordance with the detailed recommendations in BS5837: 1991 - Trees in Relation to Construction. | |||
| Development on sites adjacent to woodland can affect drainage patterns not just through the development site but also through the woodland. To avoid potential damage to the woodland resource, developers will be held responsible for ensuring that drainage from their site is effectively prevented from entering the adjoining woodland. | |||
| COMMERCIAL AFFORESTATION | |||
| Policy E37 | Proposals for commercial afforestation will be assessed within the framework provided by the Fife Indicative Forestry Strategy and the Fife Landscape Character Assessment, and in consultation with the Forestry Commission. Proposals should: | ||
| (a) | secure economic, social and environmental benefits; and | ||
| (b) | enhance the landscape setting of settlements. | ||
| Justification: The Indicative Forestry Strategy identifies those areas where forestry is preferred, those areas where there is potential for forestry, and those areas which are sensitive and where forestry would not generally be encouraged. Similarly, the Fife Landscape Character Assessment indicates the characteristics of the area and appropriateness for development. | |||
| THE COAST | |||
| Policy E38 | Coastal development will be supported in principle provided it can be demonstrated that: | ||
| (i) | there is a proven need for a coastal location and no alternative site is available; and | ||
| (ii) | the proposal does not contribute to coastal erosion; and | ||
| (iii) | the proposal contributes to renewal, regeneration and/or coastal defence; and | ||
| (iv) | the proposal does not prejudice the footpath and /or cycle network; and | ||
| (v) | the proposal does not adversely impact upon areas designated for nature conservation. | ||
| Justification:
The Fife coast has a varied and distinctive nature with a role to
play in the Fife economy and will be protected from unnecessary and
unsympathetic developments. Provision will be made for development
that requires a coastal location and contributes to the local economy.
The coastal zone, the land related to and influenced by the coast,
includes land up to 0.25km inland from Mean High Water Springs, the
coastal landscapes defined in the Fife Landscape Character Assessment
and coastal habitats. The developed coast has been defined as settlements
with a population greater than 2000 and where there is existing large-scale
development for industry, tourism and recreation outwith settlement
limits. To maintain and enhance the high quality of the coastline,
development that does not require a coastal location will be resisted.
Development that does require a coastal location for operational reasons,
e.g. boatyards, water-based sports, will be directed to the developed
coast in the first instance. See also paragraph 1.42 of the Plan Statement and Proposals 12 - 14. |
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| LANDFILL | |||
| Policy E39 | Proposals for new landfill sites will not be supported. Proposals for the improvement or restoration of land by tipping of waste will only be supported where the purpose is: | ||
| (a) | agricultural land improvement where a significant improvement in the agricultural land classification grade will be achieved; or | ||
| (b) | land restoration as part of a regeneration project or programme. | ||
| Applicants will be required to demonstrate that the improvement is essential for the use of the land and cannot be achieved by other measures. | |||
| Justification:
There may be circumstances where disposal of inert waste to landfill
may be justified as part of land reclamation for either agricultural
land improvement or as part of a regeneration project or programme.
This would be acceptable where there is a genuine need for this to
be achieved. There will need to be specific justification for the
tipping of waste as the only method of returning land to effective
use. See also paragraph 1.51 of the Plan Statement and proposal 15. |
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| WASTE MANAGEMENT | |||
| Policy E40 | Key existing waste management sites, as identified on the Proposals Map, will be safeguarded for future waste management use and, where appropriate, for expansion, in keeping with the requirements of the Fife Area Waste Plan. | ||
| Justification:
Proposals for waste management facilities will be assessed against
the principles of the National Waste Strategy and the Area Waste Plan
for Fife. The Area Waste Plan provides a framework for the development
of waste management facilities to meet landfill diversion targets.
Proposals for new waste management facilities should therefore be
accompanied by an environmental statement that demonstrates that those
principles outlined in the Area Waste Plan, and other issues arising,
have been addressed. See also paragraph 1.51 of the Plan Statement and proposal 15. |
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| Policy E41 | Proposals for new waste management facilities located within or immediately adjacent to existing waste management facilities, or within general industrial sites or on brownfield or previously contaminated land, will be supported where they are accompanied by an assessment demonstrating that the following issues have been addressed: | ||
| (i) | Proximity to the sources of waste, the Best Practicable Environmental Option and minimisation of the transport of waste, particularly by road; | ||
| (ii) | The impact of emissions, odour and noise on the environment and communities; | ||
| (iii) | The requirements of the National Waste Strategy for Scotland, National Waste Plan and Area Waste Plan; and | ||
| (iv) | The impact on ground or surface water resources. | ||
| Justification:
Established employment sites may provide an opportunity for the location
of appropriate waste management facilities. The types of waste management
facilities envisaged as being suitable are any which are industrial
processes, not classified as bad neighbour developments. It is anticipated
that this may encompass transfer stations and municipal recycling
facilities. General industrial areas are likely to be the most appropriate
due to it being less likely to conflicts with the surrounding land
uses, while such locations tend to benefit from good access and road
links. See also policies E1 and E21 and paragraph 1.51 of the Plan Statement. |
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