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| Chapter 3.0 - Development
and Design |
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| 3.1 |
The town and country planning system is
designed to regulate the development and use of land in the public
interest. "Development" is defined in Section 55 of the 1990 Act as
"the carrying out of building, engineering, mining or other operations
in, on, over or under land, or the making of any material change in
the use of any buildings or other land". |
| 3.2 |
Planning permission is required for any
development of land. Planning decisions on proposals should not be
arbitrary and should be assessed against a set of agreed criteria.
The statutory development plan provides the basis for this assessment.
In deciding whether to grant planning permission, local planning authorities
must refer to the provisions of the development plan and to all other
material considerations, including national and regional guidance
and material representations from interested parties. It is a matter
of judgement as to what constitutes a material consideration in any
given case. However it must relate to the use and development of land. |
| 3.3 |
In order to simplify and speed up the
planning system, certain classes of development or uses of land, mainly
of minor character, are classed as permitted development under the
Town and Country Planning (General Permitted Development) Order 1995.
The most commonly used class confers planning permission for a wide
range of small extensions and alterations to dwellings. |
| 3.4 |
The Local Plan system fulfills three main
functions by providing: |
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- Guidance - to help people plan the use of their land with some
certainty and planning authorities to interpret the public interest
consistently;
- Incentive - by allocating land, local authorities can promote
and stimulate development in particular locations; and
- Control - which ensures that ultimately developers cannot insist
on a change which would be against the public interest, and that
people affected by proposals for change can have their views considered.
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| 3.5 |
The policies and proposals of the Local
Plan achieve these functions in various ways: |
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- Site Specific Proposals - policies propose new housing and
employment development on specific sites, provide guidance on
the future of particular areas and detail proposed road schemes.
- Development Control Criteria - many of the policies in the Local
Plan relate to the factors to be taken into account when controlling
new development. These will be used by the District Council as
the basis for assessing planning applications.
- Environmental Protection - policies define areas within which
development will be constrained or limited in order to protect
the environment e.g. mature landscape areas, washlands.
- Specific/Promotional and Enabling Policies - these policies
encourage types of development such as affordable housing and
environmental improvement schemes, or provide guidance on related
planning matters, such as legal agreements and archaeological
evaluations.
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| 3.6 |
This Chapter deals with general development
control and promotional policies which are not related to a particular
topic. It also includes a policy on advertisements which, although
they are part of the planning control system, are covered by separate
legislation. The present rules governing advertisement control are
the Town and Country Planning (Control of Advertisements) Regulations
1992. |
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Objectives |
| 3.7 |
The aims of the Local Plan will be achieved
through the implementation of the following objectives: |
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- to ensure that all development proposals and advertisements
pay proper regard to design and appearance, the amenities of current
and future residents, the built and natural environments, the
availability of infrastructure, access and parking;
- to improve the appearance and visual quality of the built environment
through sensitive design;
- to promote convenient and satisfactory access for disabled people;
and
- to ensure major development proposals do not adversely affect
locations which are considered to be environmentally sensitive.
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Development |
| 3.8 |
The District Council will seek to ensure
that all development proposals are properly planned and take full
account of environmental considerations. Development should also pay
regard to the needs of the disabled. The policies in this section
will be used to control all types of development. |
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Policy DD1
Development |
| All proposals for new development
will be assessed by the District Council with regard to: |
| 1. |
Any intrusive effect upon
the setting, form and character of settlements or the
open and undeveloped nature of the countryside; |
| 2. |
Any adverse effect upon
nationally recognised heritage sites, structures or features; |
| 3. |
Any adverse effect upon
nationally or locally designated areas of nature conservation
or landscape value; |
| 4. |
Any loss of existing facilities
of benefit to the community; |
| 5. |
Any adverse effect upon the
amenities of neighbouring properties in terms of loss
of privacy or light, or by the creation of noise, smells,
dust or other forms of pollution or nuisance; |
| 6. |
The character and effectiveness
of any landscaping proposed as part of the development; |
| 7. |
Any adverse impact upon
the highway network from traffic generated by the proposal; |
| 8. |
The provision of access,
servicing and parking appropriate to the requirements
of the development; |
| 9. |
The opportunities for the
use or provision of public transport; and |
| 10. |
The provision for access
by cycle or on foot. |
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Justification |
| 3.9 |
In determining any application for development
there are a number of factors which will be taken into account in
judging the acceptability of the proposal. While the policy criteria
provide a checklist, they should not be viewed as being comprehensive.
There may be other material considerations which apply in individual
cases. These factors have been derived from the following aims of
the Local Plan: to protect and improve the living conditions and amenities
of existing and future residents; to encourage sustainable development;
to protect the countryside; to protect the character, setting and
separate identity of existing settlements and neighbourhoods; to protect
and enhance the built and natural heritage; to assist in the reduction
of road congestion, improve highway safety and provide good access
to employment sites; to help satisfy the recreation and sporting requirements
of residents and visitors; to help to maintain and enhance the range
and availability of education, health and community facilities; to
steer development away from areas where development is inappropriate
or undesirable; to ensure that all development is provided with adequate
services, infrastructure and facilities. |
| 3.10 |
This policy will be applicable to any
development proposal but will be particularly used to judge applications
for types of development not specifically covered elsewhere in the
Plan. It should be read in conjunction with other policies contained
in the Plan. |
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Policy DD2
Comprehensive Development |
| Planning permission will
not be granted for development which would prejudice the
future comprehensive development of adjoining land, or
the implementation of other proposals in the Local Plan.
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Justification |
| 3.11 |
One of the aims of the Local
Plan is to regenerate urban areas and to secure the re-use of derelict,
vacant and under-used sites and buildings. Land is a scarce resource
and therefore full use should be made of land which is suitable for
development. Development should not, therefore, be allowed where it
would result in the landlocking of adjoining areas. Similarly development
should not be allowed where it would prejudice the implementation
of other proposals in the Local Plan, e.g. road schemes. |
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Policy DD3
Needs of the Disabled |
| In developments which include
public access or are used for work or education purposes,
planning permission will not normally be granted unless
satisfactory access is provided for disabled people. |
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Justification |
| 3.12 |
The District Council has a valuable role
to play in educating developers and the general public about the need
to provide for disabled people in planning any modern civilised environment.
Section 76 of the Town and Country Planning Act, 1990 places a duty
on Local Planning Authorities, when granting planning permission for
non-domestic buildings, to draw the applicants' attention to their
statutory obligations under the Chronically Sick and Disabled Persons
Act, 1970. The District Council when considering planning applications
will seek to ensure that there is adequate access for disabled persons
to developments which include public access or are used for work or
education purposes. |
| 3.13 |
The District Council will also ensure
that the special access requirements of disabled people are met within
its existing buildings and facilities, together with any new development
undertaken by the Authority. |
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Design |
| 3.14 |
In order to protect the quality of the
landscape and built environment, it is desirable that all new development
achieves a high standard of design. Although, in general, the planning
system is not involved in detailed design matters, the appearance
of a proposed development and the relationship to its surroundings
are of primary importance and will be material considerations in determining
planning applications. |
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| Policy DD4 - Design of New Development |
| The District Council will
seek to ensure that all development achieves a high standard
of design and layout and respects the character and appearance
of the area in which it is sited or building to which
it is attached. |
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Justification |
| 3.15 |
Local building materials give many of
the villages and towns of the District their own local character and
identity. To ensure that the individuality of these areas is retained,
new development should be constructed of materials appropriate to
the area and in keeping with adjoining buildings. Brick is the most
widespread walling material and predominates throughout the District.
All new brick buildings, and alterations and extensions to existing
buildings, should use materials which match the colour and texture
of those traditionally used in the area and should normally be traditionally
coursed and jointed. |
| 3.16 |
Stone buildings are also found throughout
the District, with Mansfield sandstone to the west and lias stone
found in the older settlements of the Trent Valley. It is important
that where stone is to be used, the stone is of the type found locally
and traditionally coursed and jointed. |
| 3.17 |
After the walls, the roof of a building
is the largest and most prominent element. The careful selection of
appropriate roofing materials for new development is therefore crucial
if the appearance of an area is to be maintained. Throughout the District
the traditional roofing material is clay pantiles, with the exception
of some slate roofs mainly found in more urban areas. All new development
should use roofing materials which match the colour and type of tile
or slate traditionally used in the local area and should blend in
with adjacent buildings. |
| 3.18 |
The form and design of new development
has a major impact on the environmental quality of the District as
a whole and is a significant factor in maintaining the attractiveness
of the area for investment. To ensure that this environmental quality
is conserved and enhanced, all those involved in the development process
should strive to achieve high quality design. The District Council
is committed to promoting good design and will expect all those submitting
planning applications to demonstrate that they have considered the
wider setting of the development. |
| 3.19 |
In considering a development proposal,
the Council will expect designs to take into account matters of scale,
materials, density, height, massing, layout, access and surroundings.
Obviously poor designs, which are out of scale or character with their
surroundings, will be rejected. |
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Extensions and alterations which have
an adverse impact on the character, appearance and form of existing
buildings will also be resisted. |
| 3.20 |
Crime prevention is capable of being a
material consideration when planning applications are considered.
The landscaping, layout and design of new residential or commercial
developments should take account of the need to produce safer environments
within which crime is more difficult to commit. |
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| Policy DD5 - Energy Efficient Development |
| The District Council will
encourage the creation of energy efficient forms of development
through the control of design, siting, orientation and
layout. |
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Justification |
| 3.21 |
There is a growing awareness of the need
to husband resources of finite fossil fuels and to reduce global warming
effects by more efficient energy use. The District Council will seek
to contribute to greater energy efficiency by encouraging energy sensitive
siting, orientation and layout of new development. |
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| Policy DD6 - Design of Advertisements |
| Advertisement consent will
not be granted for poorly designed or sited signs which
would adversely affect the visual amenity of their surroundings
or highway safety. |
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Justification |
| 3.22 |
Outdoor advertising is an essential commercial
activity communicating information to passers-by. While the District
Council recognises the importance of signs and advertisements, it
is also aware of the considerable impact they can have on the amenity
of both rural and urban areas, and on highway safety. Great care is
therefore required to ensure that the impact of signage is kept within
acceptable bounds. |
| 3.23 |
Under the Town and Country Planning (Control
of Advertisements) Regulations 1992 virtually all outdoor advertisements
can be controlled provided that it can be justified in the interests
of amenity and public safety. Further guidance on this is provided
in PPG19 "Outdoor Advertisement Control". |
| 3.24 |
In assessing an advertisement proposal,
the Council will have regard to its appearance on the building or
structure to which it is attached and its impact, including its cumulative
impact, on the surrounding environment. The Council must also ensure
that the advertisement itself will not be so confusing or distracting
as to endanger public safety. In addition to resisting oversized,
poorly designed and insensitively located advertisements, the Council
will also seek to prevent visual clutter and confusion in the townscape
caused by the cumulative impact of numerous signs and other forms
of advertisement. In the open countryside, advertisements can have
a particularly adverse visual impact on the character of the landscape
and will normally be resisted. |
| 3.25 |
Throughout the District, all of the rural
area and many of its towns and villages have been designated as Areas
of Special Advertisement Control in view of the need to protect the
special amenity of the area. Under this designation stricter controls
over advertisements apply. Stricter controls also apply to advertisements
in Conservation Areas and on listed buildings. |
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Environmental Assessment |
| 3.26 |
The Town and Country Planning (Assessment
of Environmental Effects) Regulations 1988 defines two categories
of major development where an Environmental Assessment (EA) may be
necessary. Schedule 1 outlines those developments which will automatically
require an EA, for example, major chemical and steel works. |
| 3.27 |
Developments outlined in Schedule 2, do
not always require an EA. It is at the discretion of the District
Council to decide if the development would result in significant environmental
effects. In general terms, an EA will be required under Schedule 2:
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- for projects that are of more than local importance;
- occasionally, for projects on a smaller scale which are proposed
for particularly sensitive or vulnerable locations; and
- in a small number of cases for projects with unusually complex
or potentially adverse environmental effects, for example, in
the discharge of pollutants.
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| 3.28 |
The following are examples of sensitive
and vulnerable areas where an EA is more likely to be required: |
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- Urban areas and especially residential areas;
- Sites of Special Scientific Interest (or candidate Special
Areas of Conservation and close proximity to these designations),
and other sites of importance to nature conservation;
- Scheduled Ancient Monuments, specified sites of archaeological
importance identified on the Sites and Monuments Record, and historic
parks and landscapes;
- Conservation Areas and historic buildings;
- The Sherwood Forest Heritage Area; and
- Mature Landscape Areas.
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| 3.29 |
The EA should describe the project in
detail, including information of its precise location, design and
size. It should also include measures taken to avoid, reduce, and
remedy significant adverse effects on the environment. The extent
of an EA will vary according to the scale of development proposed
and the sensitivity of the area affected. |
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