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| Chapter 4 |
| Natural Environment |
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Context |
| 4.1 |
The high quality of Wealden's environment
is one of its major assets. The District contains some of the finest
countryside in England, rich in both wildlife and landscape diversity.
The national importance of its landscape is reflected in the fact
that almost two-thirds of the Plan area is covered by designated Areas
of Outstanding Natural Beauty. The District's value for wildlife is
recognised by 32 Sites of Special Scientific Interest, including the
Ashdown Forest and Pevensey Levels, which have international status.
It is vital to ensure that these valued environmental resources are
protected and enhanced wherever possible, and that when development
takes place it recognises and respects them. |
| 4.2 |
At the same time, there is a growing awareness
at all levels - locally, nationally and internationally - that environmental
protection must embrace wider concerns about air, water and land quality
and the consumption of non-renewable resources. We rely on a healthy,
functioning environment to meet our basic needs and it is now recognised
that development may have long-term implications for the global environment,
as well as for its immediate physical surroundings. |
| 4.3 |
The policies of this Chapter therefore
seek to provide a framework within which natural assets and environmental
resources of all kinds can be effectively protected and prudently
managed through the control and implementation of development proposals.
This approach is consistent with the principles set out in A Better
Quality of Life: A Strategy for Sustainable Development in the UK
(HMSO 1999), and a number of recently issued Planning Policy Guidance
Notes. It also accords with the Structure Plan's strategy for achieving
a more environmentally sustainable future and with a number of the
issues raised by the local community during the preparation of the
Community Strategy. |
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Strategy |
| 4.4 |
The Plan's strategy for the natural environment
is to ensure that new development conserves, sustains and where possible
enhances the District's environmental assets and resources, including
its distinctive and diverse landscape character. The key objectives
are: |
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1) |
to ensure that development accords with
the principles of sustainability, taking account of the need to minimise
energy consumption, pollution and the use of finite resources; |
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2) |
to protect people from risks to their
health and safety, or damage to their amenity; |
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3) |
to protect and, where possible, enhance
the diversity and distinctive characteristics of the landscape, including
wildlife species and habitats; |
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4) |
to conserve and manage trees and woodland
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5) |
to protect the setting of settlements
and prevent their coalescence. |
| 4.5 |
The Plan's overall development strategy
also accords with this sustainable approach. It aims to focus the
majority of new development within or on the edge of existing towns,
principally within the Low Weald, with some limited growth in certain
larger villages, but continues to restrict the scale and type of development
allowed elsewhere. Any change to this pattern of future development
would not be considered appropriate as it would conflict with the
need to promote energy efficiency and more sustainable transport choices.
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Water Resources |
| 4.6 |
The protection and enhancement of water
quality in rivers and other water bodies is important in terms of
sustaining the supply of water and the ecology and general amenity
of the District. Wealden has an extensive and varied water environment,
including: |
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- major chalk aquifers
- the Cuckmere, Medway, Ouse and Rother rivers, together with
their tributaries
- the network of drainage channels and ditches of the Pevensey
Levels
- lakes and ponds
- the English Channel, which forms six miles of Wealden's administrative
boundary
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| 4.7 |
The protection of groundwater is particularly
important in Sussex, since the majority of the public water supply
is abstracted from water-bearing strata or aquifers. The Environment
Agency has produced groundwater source protection zone maps, which
indicate where there are likely to be particular risks to the quality
or quantity of groundwater. These maps are available for inspection
at the Council Offices. Any new development will be expected to comply
with the requirements of the Environment Agency in order to ensure
that it does not pose a risk or result in damage to groundwater supplies
or other water resources. |
| 4.8 |
It is important that adequate foul sewerage
and foul sewage treatment capacity is available, or can be made available,
to serve new development in order to ensure that the ultimate discharges
do not present a risk to water quality. Where new development leads
to an increase in the rate and volume of surface water run-off, there
may also be a risk of pollution and ecological damage, as well as
flooding. The use of sustainable drainage systems, e.g. water retention
ponds, grass swales and porous surfaces, can help to mitigate such
concerns and will be promoted where appropriate. Foul and surface
water drainage requirements are more fully addressed in the Community
Services Chapter. |
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| Policy NE1 |
| Development will not
be permitted if it would cause an unacceptable risk to: |
| (1) |
the quality of groundwater,
surface water or coastal water; or |
| (2) |
the potential yield
of groundwater or surface water resources. |
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Coastal Erosion |
| 4.9 |
The coast of the District is subject to
constant attack by the sea and the shoreline is naturally receding
as a result of cliff and beach erosion. The shingle beach at Pevensey
Bay, which protects much of the Coastal Levels from inundation by
the sea, requires continual and costly replenishment to maintain its
effectiveness. There is another shingle beach at the mouth of the
Cuckmere River, but otherwise Wealden's remaining coastline consists
of natural cliff, which is retreating at an average rate of 0.3 to
0.4m per year. |
| 4.10 |
Shoreline Management Plans (SMPs) are
promoted by the Government to define sustainable coastal defence policies.
Wealden's coast is covered by two SMPs: the South Foreland to Beachy
Head SMP (1996) and the Selsey Bill to Beachy Head SMP (1997). The
Council is a signatory to both documents and has agreed to the strategic
coastal defence options identified within them. In essence, the strategy
for Pevensey Bay is 'hold the line', i.e. maintain the existing shingle
defences, whilst for the remainder of the coastline it is 'do nothing',
i.e. let nature take its course. The SMP for Selsey Bill to Beachy
Head is currently being reviewed, and the Cuckmere Haven area is being
examined as a site where a more natural and sustainable defence can
be established. |
| 4.11 |
Accordingly, the Council will resist development
in locations where there is no protection from coastal erosion and
lives or property could be put at risk during the anticipated lifetime
of the proposal. Development which would give rise to the need to
provide new coastal defences will also be resisted, as such works
would conflict with the principles of sustainability and the adopted
strategic defence options of the SMPs. Additional policies that address
the specific risk of tidal flooding are set out in the Community Services
Chapter. |
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| Policy NE2 |
| Where there are no
coastal protection defences in place, or planned by the authority
responsible, new development or the intensification of development
will not be permitted where: |
| (1) |
there would be an
increase in risk to life or property from coastal erosion; |
| (2) |
new coastal protection
defences would be required solely to protect life and property
in the proposed development. |
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Contaminated Land |
| 4.12 |
Wealden's rural character means that the
levels of land contamination are likely to be comparatively low. Nevertheless,
there are a variety of sites where contamination may be present, including
redundant gas works, landfill sites, scrapyards, defence land and
petrol stations. Where practicable and appropriate, contaminated land
should be brought back into beneficial use in order to reduce both
the demand for greenfield sites and the threat posed by contamination
to health, safety and the environment. |
| 4.13 |
Where a site is suspected or known to
be contaminated, it is the responsibility of the applicant, in consultation
with the Environment Agency, the Council's Head of Licensing & Pollution
Control and any other relevant body, to investigate the extent and
nature of the contamination and how far the risks to health or the
environment can be reduced by remedial measures. Contamination should
normally be treated on site. Any permission for development will require
that the remedial measures agreed with the Council must be completed
prior to the commencement of the development. |
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| Policy NE3 |
| Where development
is proposed on or near a site that is known to be contaminated,
or where there is good reason to believe that contamination
may exist, the applicant should carry out a site assessment
and submit a report of findings in order to establish the nature
and extent of the contamination. Development will not be permitted
unless practicable and effective measures are taken to treat,
contain or control any contamination so as to avoid: |
| (1) |
exposing the future
occupiers and users of the development or neighbouring property
to unacceptable risk; |
| (2) |
threatening the structural
integrity of any building or structure built, or to be built,
on or adjoining the site; |
| (3) |
causing the contamination
of any water course, water body or aquifer; |
| (4) |
causing the contamination
of adjoining land or allowing such contamination to continue. |
| (5) |
damaging or putting
at risk the quality of the natural environment, flora and fauna. |
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Pollution |
| 4.14 |
The control of pollution is largely regulated
by the Environment Agency and the Council's Environmental Services
Directorate, in consultation with the Health and Safety Executive
and other agencies, through the Environmental Protection Act 1990
and Pollution Prevention and Control Act 1999. However, PPG23, Planning
and Pollution Control, makes it clear that any air or water quality
consideration relating to land-use is a material planning consideration.
Accordingly, the Council will use its planning powers to ensure that
development with the potential to cause pollution or other harmful
environmental effects is appropriately located and its impact on other
land uses carefully controlled. In the consideration of applications
for potentially noisy uses or noise sensitive development, regard
will be had to the criteria set out in PPG24, Planning and Noise. |
| 4.15 |
The Government's approach to pollution
issues is a precautionary one, i.e. where there are significant risks
of damage to the environment, pollution controls will take into account
the need to prevent or limit harm even where scientific knowledge
is not conclusive. Some proposals will require the preparation and
submission of an Environmental Impact Assessment. Where it can be
demonstrated that the risk of pollution, disturbance or other nuisance
from a development can be satisfactorily mitigated, the Council will
normally impose planning conditions or seek a legal agreement to ensure
that the appropriate measures are implemented. |
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| Policy NE4 |
| Development that may
be liable to cause pollution to water, air or soil or to cause
nuisance from noise, smoke, fumes, dust, vibration, smell, light,
heat or other polluting emissions will only be permitted if:- |
| (1) |
the health and safety
of occupiers or users of other land and buildings are not put
at risk; |
| (2) |
there is no adverse
impact on local amenity; |
| (3) |
the quality of the
natural environment, flora and fauna would not be damaged or
put at risk. |
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be granted for development in proximity to potential sources
of pollution if the occupiers or users of the new development
would suffer unacceptably from noise, fumes, smell, vibration
or other forms of pollution, unless practical measures can be
taken and maintained to reduce the effects to an acceptable
level. |
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Landscape Character |
| 4.16 |
The District benefits from a rich diversity
of landscape and scenery, including some of the most attractive countryside
in England. It is covered by four broad landscape types; the High
Weald, Low Weald, Sussex Downs and Coastal Levels, as illustrated
in Figure 4.1. Within these landscapes lies a host of elements which
defines their character and gives them an appearance which is locally
unique. This landscape diversity and distinctiveness forms part of
the quality of life for residents and an attraction for visitors.
It is an important resource, which needs to be protected and fostered
wherever possible. |
| 4.17 |
The national landscape importance of the
High Weald and the Sussex Downs has been recognised by their designation
as Areas of Outstanding Natural Beauty (AONBs). The primary purpose
of designation is to conserve and enhance natural beauty, and the
extent of the AONBs within Wealden is shown on the Proposals Map.
The term 'conserve and enhance their natural beauty' is taken to include
wildlife and cultural heritage, as well as scenery. The special landscape
qualities of the AONBs justify particular care in considering development
proposals and their statutory designation strengthens the ability
of the Council to protect them from inappropriate development, both
within and adjacent to their boundaries. |
| 4.18 |
The Countryside and Rights of Way (CroW)
Act 2000 consolidates and strengthens earlier legislation concerning
AONBs, reaffirms the purposes of designation, places a duty on all
public bodies to have regard to the purposes of AONBs, and creates
a statutory responsibility for local authorities and conservation
boards to produce and regularly review AONB Management Plans. |
| 4.19 |
The siting of major development within
the AONBs would normally be inconsistent with the aims of designation,
and would only be permitted in exceptional circumstances where it
can be demonstrated that such a proposal would be in the public interest.
Where small-scale development takes place, it is essential that the
character of the landscape is maintained and, if possible, strengthened.
In pursuing this aim, the Council will have regard to the needs of
agriculture, forestry and other rural industries, together with the
economic and social needs of the local area. |
| 4.20 |
Outside of the AONBs, the Low Weald and
the Coastal Levels, whilst not of national significance in landscape
terms, nevertheless have their own distinctive qualities and attractiveness
which merit recognition and protection. In the case of the Low Weald,
the major housing and business allocations in this Plan are focused
on Uckfield, Hailsham and Polegate, the towns identified in the Structure
Plan for growth. The allocations have been made following a careful
analysis of the likely impact of development on the landscape and
on the setting of the towns and villages. Notwithstanding the level
of growth proposed in the Plan, development within the Low Weald should
conserve, and where possible enhance, the landscape. The Council will
therefore seek to ensure that new development within all parts of
the District reflects local characteristics, and maintains the overall
visual harmony and distinctiveness of the landscape. This is particularly
important within the countryside, where the use of standard building
designs, materials and layouts, coupled with the loss of rural craft
skills, is tending to erode the local identity of different areas.
The cumulative effect of a number of developments on the landscape
over time will also require careful consideration. |
| 4.21 |
The principal landscape characteristics
of the High Weald, Ashdown Forest, Low Weald, Sussex Downs and Coastal
Levels are summarised below, together with policies for their conservation. |
| 4.22 |
Additional landscape guidance for the
two AONBs is contained in The High Weald: Exploring the Landscape
of the AONB, published by the Countryside Commission in 1994,
and A Landscape Assessment of the Sussex Downs AONB, published
by the Sussex Downs Conservation Board in 1995. These landscape assessments
have been endorsed by the Council and will be taken into account when
considering the suitability of development proposals within, or impacting
upon, the AONBs. Both documents are available for inspection at the
Council Offices. |
| 4.23 |
The importance of the historic landscape
is gaining increasing recognition, and a study of East Sussex is currently
underway funded by East Sussex County Council, West Sussex County
Council, the Sussex Downs Conservation Board and English Heritage.
The findings of the study will be taken into account in the consideration
of development proposals. |
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High Weald |
| 4.24 |
The High Weald AONB was designated in
1983. Its underlying geology has formed a series of gently rolling
ridges and valleys, dominated by small fields, thick hedgerows and
extensive woodlands. Large areas remain quiet and unspoilt but are
threatened by the cumulative impact of small-scale development. |
| 4.25 |
A Joint Advisory Committee has been established
to promote and co-ordinate the conservation of the High Weald AONB.
The District Council is a member and is actively committed to its
work. The High Weald AONB Management Plan 2004 sets out an integrated
approach to managing the landscape and has been adopted by the Council
as supplementary planning guidance. It is available for inspection
at the Council Offices. |
| 4.26 |
In considering proposals that could affect
the landscape character of the High Weald, particular regard will
be had to: |
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- the well-wooded appearance, especially ancient woodlands, together
with tree belts, hedges and hedgerow trees
- undeveloped valleys and ghylls
- open heathland
- sandstone outcrops
- narrow lanes sunken between high hedgebanks
- undeveloped ridge-top positions and other visually exposed locations
- areas of remote or unspoilt character
- the traditional settlement pattern, building styles and materials
- the High Weald AONB Management Plan 2004
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| Policy NE5 |
| Development within
the High Weald Area of Outstanding Natural Beauty, as defined
on the Proposals Map, will only be permitted if it conserves
and enhances the natural beauty and character of the landscape.
Small scale development will be permitted where it meets the
social and economic needs of local communities, and provided
it is consistent with the purpose of the AONB designation. |
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| 4.27 |
There are several areas of land on the
edges of Crowborough and Heathfield which lie outside of both the
respective settlement development boundaries and the High Weald AONB.
These were excluded from the development boundary because development
would be harmful to the setting of the town, the character of the
area and the setting of the adjacent AONB. Development proposals in
such areas will need to be particularly carefully considered in terms
of their impact on the AONB. |
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Ashdown Forest |
| 4.28 |
The Ashdown Forest is a large area of
open, lowland heath at the centre of the High Weald AONB, covered
by heather, bracken, gorse and grasses, together with mixed oak/birch
woodlands and landmark clumps of Scots pine. Its elevated position
and broad open ridges afford outstanding views, notably across the
Low Weald to the South Downs. The Forest is a valuable recreation
resource within the District, but its landscape character is particularly
fragile and susceptible to erosion. |
| 4.29 |
Local planning policies for the Forest
apply to the whole area enclosed by the boundary of the Medieval Pale
established between 1280 and 1283AD, excluding land within the development
boundaries of Crowborough, Fairwarp, Forest Row and Nutley. Approximately
half of this area is now common land, acquired by a Trust set up by
the County Council, together with contributions from the District
Council and other bodies. This is managed by a Board of Conservators,
whose 1993 Management Plan is supported by the Council. |
| 4.30 |
In accordance with Policy EN4 of the Structure
Plan, proposals for new development within the Ashdown Forest will
be subject to stricter criteria than elsewhere in the High Weald AONB.
Only development that provides for the needs of quiet recreation,
such as walking, cycling or riding, or that specifically enhances
the landscape will be permitted. In considering such proposals, particular
regard will be had to: |
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- dry and wet heathland
- wet flush grassland
- remnants of ancient woodland, together with other landmark tree
clumps
- unspoilt and distant views
- the archaeological interest
- the Ashdown Forest Management Plan
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| Policy NE6 |
| Development within
the Ashdown Forest, as defined on the Proposals Map, will only
be permitted if it conserves and enhances the distinctive characteristics
of the landscape. |
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Low Weald |
| 4.31 |
The Low Weald is a gently undulating,
intimate landscape of small fields and pastures, interspersed with
woodland, tree belts and numerous hedgerow trees. Away from the main
towns and road corridors, the countryside retains a deeply rural character,
with a network of narrow twisting lanes connecting small villages,
scattered farms and cottages. This attractive, generally unspoilt
character is evident in extensive views across the Low Weald from
the higher land of the AONBs to the north and south. |
| 4.32 |
The Low Weald landscape beneath the scarp
slope of the Sussex Downs has a particularly strong visual relationship
with the adjacent AONB and as such is highly sensitive to development
and change. The Low Weald also has an influence on the character of
the Pevensey Levels, since its more elevated landform often forms
an important backdrop in long views outwards north and west from the
Levels. |
| 4.33 |
In considering development proposals which
could affect the landscape character of the Low Weald, particular
regard will be had to: |
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- areas of remote or unspoilt countryside
- the setting of settlements
- areas on the fringe of the AONBs and the Pevensey Levels
- the retention of woodland, shaws, boundary trees and hedgerows
- vernacular buildings and building groups
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| Policy NE7 |
| Development within
the Low Weald will be permitted if it conserves or enhances
the distinctive characteristics of the landscape. |
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Sussex Downs |
| 4.34 |
The Sussex Downs AONB was designated in
1966. It is characterised by the bold rolling landform of the chalk
uplands. The north-facing scarp slope rises sharply from the vale
of the Weald, whilst more gentle slopes extend southwards to the sea,
culminating in the spectacular cliffs of the Seven Sisters. The coastline
itself has been designated 'Sussex Heritage Coast' in recognition
of its exceptional scenic quality. Heritage Coasts are a non-statutory
designation, defined through agreement between the Countryside Agency
and the relevant local authorities, and aim to provide a flexible
management tool for balancing the requirements of conservation and
access to the coastal zone. The open character of the Downs offers
magnificent views but makes the landscape especially sensitive to
development and change. |
| 4.35 |
In recognition of the sensitivity of this
landscape, the Sussex Downs Conservation Board was established in
1992 to provide leadership for practical conservation action. The
Board has taken over a number of responsibilities from the constituent
local authorities, and is consulted on certain development proposals.
It published a Management Strategy in 1996, which has been endorsed
by the Council. In addition, the South Downs Conservation Board has
produced a number of documents which assist in the understanding of
planning issues relevant to the AONB, namely a Landscape Assessment
(SDCB, 1995), Landscape Design Guidelines, (SDCB 1997) and South Downs
Planning Guidance (SDCB, 2000). In April 2000 the Countryside Agency
began the process of designating the entire South Downs as a National
Park, and a public inquiry into this proposal commenced in late 2003. |
| 4.36 |
In considering development proposals that
could affect the landscape character of the Sussex Downs, particular
regard will be had to: |
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- the sculptured landform and appearance of the chalk uplands
- the exposed scarp slope and adjacent foothills
- the undeveloped coastline, especially the Heritage Coast
- the Cuckmere Valley
- traditional land uses and agricultural practices
- the setting of important historic and natural features
- the traditional forms, materials and detailing of buildings
and enclosures
- the Management Strategy for the Sussex Downs AONB
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| Policy NE8 |
| Development within
the Sussex Downs Area of Outstanding Natural Beauty, as defined
on the Proposals Map, will only be permitted if it conserves
and enhances the natural beauty and character of the landscape.
Small scale development will be permitted where it meets the
social and economic needs of local communities, and provided
it is consistent with the purpose of the AONB designation. |
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Coastal Levels |
| 4.37 |
The Coastal Levels is an extensive area
of former marshland, reclaimed in medieval times to facilitate grazing.
It is characterised by its open, exposed landscape and the pattern
of fields created by a complex system of drainage channels and ditches.
The area includes the Pevensey Levels, Willingdon Levels, Mountney
Level, and Langney Level. |
| 4.38 |
Inland of the A27, the Pevensey Levels
are a remarkable expanse of open farmland, with few roads or houses,
which still retains a sense of remoteness and isolation. The area
is recognised both nationally and internationally for its nature conservation
value. Further south, the Levels are smaller and less remote in character
as development has encroached from adjacent higher land, particularly
eastward from Eastbourne. |
| 4.39 |
In considering development proposals that
could affect the landscape character of the Coastal Levels, particular
regard will be had to: |
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- the Pevensey Levels Site of Special Scientific Interest and
Wetland of International Importance
- other areas of remote or unspoilt character
- the wide, flat horizons
- the settings of Pevensey Castle, Pevensey & Westham Conservation
Area and the ridge villages
- promoting environmentally sensitive farming
- the traditional hydrology of the area
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| Policy NE9 |
| Development within
the Coastal Levels will only be permitted if it conserves or
enhances the generally open and exposed landscape character. |
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Countryside Gaps |
| 4.40 |
Some of the countryside between Wealden's
towns and villages is particularly vulnerable to development pressures.
Unless carefully controlled, such pressures could lead to the eventual
coalescence of settlements and the loss of their individual identities.
The protection of the setting of the settlements and prevention of
their coalescence is an important objective of this Plan. Structure
Plan Policy S1 (k) emphasises that "preventing development which would
reduce strategic and other important gaps of valued countryside between
settlements" is an important criteria against which proposals for
development should be assessed. The Structure Plan Policy will therefore
be an important consideration in determining any planning applications
proposing development that could reduce gaps of valued countryside
between settlements. |
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Nature Conservation |
| 4.41 |
The varied geology and topography of the
District has produced an exceptional diversity of wildlife habitats,
including those associated with downland, heathland, woodland and
wetlands. Conserving and enhancing this natural heritage is now recognised
as being a local, national and global responsibility. With increased
pressures for development, changes in agricultural and forestry practices,
and increased recreational activity, it is vital that steps are taken
to prevent the further destruction or deterioration of the diverse
habitats upon which wildlife depend. |
| 4.42 |
The Council will therefore encourage the
conservation and enhancement of existing wildlife habitats, together
with the establishment of new habitats. The Sussex Biodiversity Action
Plan, published by the Sussex Biodiversity Partnership, puts forward
a range of Habitat Action Plans for particular wildlife habitats under
threat. These include chalk grassland, floodplain grassland, heathland,
hedgerows, reed beds, shingle and woodland, all of which are represented
within the District. The Council will support the implementation of
these Action Plans by the application of policies for nature conservation
set out in this Plan. |
| 4.43 |
Within Wealden, a number of important
sites for nature conservation have been designated under statutes
and international obligations. The objective of such designations
is to protect features of nature conservation interest from the impact
of potentially damaging development. The policies set out below establish
a hierarchy of protection for these sites, giving priority to sites
of International or European importance, Sites of Special Scientific
Interest (SSSIs) and National Nature Reserves (NNRs), whilst also
recognising the value of Local Nature Reserves (LNRs) and Sites of
Nature Conservation Importance (SNCIs). |
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Areas of International
or European Importance for Nature Conservation |
| 4.44 |
Areas of International or European importance
for nature conservation are designated by the Secretary of State.
Within Wealden, the Pevensey Levels SSSI is designated as a Wetland
of International Importance under the Ramsar Convention, and the Ashdown
Forest SSSI is designated as a Special Protection Area (SPA) under
the EC Birds Directive 1979, and a candidate Special Area of Conservation
(SAC) under the 'Habitat Regulations' 1994. SACs are selected to protect
the habitats of threatened species of wildlife. The boundaries of
these designations are contiguous with the boundaries of the respective
SSSIs but, in view of their special status, greater weight will be
given to Policy NE11 over Policy NE12 in the consideration of development
proposals that may affect their nature conservation interest. |
| 4.45 |
The procedure under international obligations
for the consideration of development affecting SACs and SPAs (including
potential SPAs and candidate SACs) is set out in Annex C to PPG9 (Nature
Conservation). |
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| Policy NE10 |
| Development which
is likely to have an adverse effect on the nature conservation
interest of the Pevensey Levels Ramsar Site or Ashdown Forest
Special Protection Area, as shown on the Proposals Map, will
not be permitted unless otherwise in accordance with international
obligations. This policy also applies to any candidate or potential
sites identified through international obligations. |
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Sites of Special Scientific
Interest |
| 4.46 |
Sites of Special Scientific Interest are
designated by English Nature and cover wildlife habitats and geological
features. The Council is required to consult English Nature where
proposals are submitted for development affecting, or likely to affect,
such sites. There are 32 SSSIs within Wealden, together with two National
Nature Reserves at Lullington Heath and the Pevensey Levels. The latter,
also designated by English Nature, represent examples of positive
nature conservation management. |
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| Policy NE11 |
| Development which
is likely to have an adverse effect on the nature conservation
interest of a Site of Special Scientific Interest, including
Lullington Heath National Nature Reserve, as shown on the Proposals
Map, will not be permitted unless there is no reasonable alternative
means of meeting the development need, and this also clearly
outweighs the nationally recognised nature conservation interest
of the site. |
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Local Nature Reserves |
| 4.47 |
Local Nature Reserves are declared by
local authorities, in consultation with English Nature, where it is
considered that a habitat of local significance can make a useful
contribution both to nature conservation and opportunities for the
community to see, learn about and enjoy wildlife. Within the District,
LNRs have been established at Arlington Reservoir, Hempstead Meadow,
Nutley Old Lodge, Seven Sisters Country Park, Weir Wood and West Park,
as shown on the Proposals Map. There are also several non-statutory
nature reserves managed by other bodies, together with the Seven Sisters
Voluntary Marine Conservation Area between Seaford and Eastbourne. |
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Sites of Nature Conservation
Importance |
| 4.48 |
Sites of Nature Conservation Importance
have been identified through a joint initiative involving English
Nature, the Sussex Wildlife Trust, the County Council and the District
Council. SNCIs are non-statutory sites that, together with
nationally designated sites, form a network of habitats which help
to maintain the biodiversity of the area. The assessment and identification
of such sites is a continuing process. There are currently 97 SNCIs
in Wealden, as listed in Appendix 5 and shown on the Proposals Map.
More detailed information on each site, including a location map and
recommendations for sensitive management, is available for inspection
at the Council Offices. |
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| Policy NE12 |
| Development which
is likely to have an adverse effect on the nature conservation
interest of a Local Nature Reserve or a Site of Nature Conservation
Importance, as shown on the Proposals Map, will not be permitted
unless there is no reasonable alternative means of meeting the
development need, and this also clearly outweighs the identified
nature conservation interest of the site. |
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| 4.49 |
Development proposals affecting a site
of nature conservation interest should demonstrate how any potential
harm will be mitigated and what opportunities will be taken to produce
compensatory or new nature conservation benefits. Some proposals will
require the submission of an Environmental Impact Assessment. Where
compensatory habitat creation measures are proposed, the Council will
need to be satisfied that any loss of habitat is justified, that the
creation of a new habitat is achievable, and that there are resources
and commitment available for its long term management. |
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| Policy NE13 |
| Where development
is exceptionally permitted within the sites identified in Policies
NE10 - 12, harm to the nature conservation interest should be
avoided where possible or minimised. Where appropriate, conditions
will be imposed or a planning obligation will be sought in order
to protect and enhance the site's nature conservation interest
or to provide a replacement habitat for those features liable
to be harmed. |
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Protected Species and
the Wider Environment |
| 4.50 |
The Government recognises that our wildlife
heritage is not confined to designated sites, but is found throughout
the countryside and in many urban areas. Statutory and non statutory
sites, together with landscape features which provide wildlife corridors,
links or stepping stones from one habitat to another, all help to
form the network necessary to maintain biodiversity and the survival
of important species. The Council will therefore seek to ensure that
careful consideration is given to the conservation and, where practicable,
enhancement of wildlife habitats in new development proposals. |
| 4.51 |
Development proposals should aim to provide
for the retention, restoration and future management of existing features
of nature conservation value, as well as consider the potential for
the creation of new habitats. Rivers and streams, for example, should
be incorporated in a safe manner as central features of a development
and not piped or lost in back gardens. Opportunities may also be taken
to link existing habitats to create wildlife corridors, e.g. by joining
two woodland areas with a new hedgerow. |
| 4.52 |
Protected species are a material planning
consideration. Whilst it is an offence to ill-treat any animal, some
species enjoy additional legal protection. If a protected species
is likely to be affected by a development proposal, a survey may need
to be carried out, and professional advice sought. The Council will
consult English Nature, as well as any other nature conservation bodies
as appropriate. All wild birds, their nests and eggs are protected
in law by the Wildlife and Countryside Act 1981 (as amended). The
Act also provides an additional tier of protection for rare species
of plant and animal. Badgers are protected by the Protection of Badgers
Act 1992, which protects them from deliberate harm or injury, ill-treatment,
or intentional or reckless interference with a sett. |
| 4.53 |
The Habitats Regulations, which implement
European Directive 92/43/EEC in the UK, give protection to species
of plant and animal which are considered to be of European importance,
known as European Protected Species. The list of protected species
includes all bats, great crested newts and dormice and other species,
which may occur on designated sites, as well as other land or buildings.
Development which is likely to result in disturbance or killing of
a European Protected Species or damage to its habitat will require
a licence from DEFRA. |
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| Policy NE14 |
| Development which
is likely to adversely affect protected species will not be
permitted unless there is an overriding need for the development
and there is no satisfactory alternative. If development is
permitted, planning conditions and/or obligations may be imposed
to facilitate the survival of individual members of the species,
reduce disturbance to a minimum, and provide adequate alternative
habitats to sustain at least the current levels of the population. |
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has implications for other wildlife habitats, planning permission
will not be granted unless appropriate measures are taken to
protect, manage and enhance the site's nature conservation interest,
or to provide a replacement habitat. |
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Trees And Woodland |
| 4.54 |
Trees and woodland are integral to the
character and diversity of Wealden's landscape and provide an essential
habitat for its wildlife. Invariably, trees enhance the quality and,
hence, people's enjoyment of the urban and rural environment. The
retention of trees within new development can provide a sense of maturity,
integrate the scheme into its immediate surroundings and help to raise
its overall quality. New tree planting can be used to create a landscape
framework for larger developments, screen obtrusive features, enclose
and create spaces, provide shelter and shade, improve micro-climate
and reduce atmospheric pollution. |
| 4.55 |
The Council therefore seeks to retain
and conserve existing trees and to achieve new tree planting wherever
possible. Tree Preservation Orders (TPOs) will be served to safeguard
trees that make an important contribution to the local environment
and its enjoyment. Development proposals that directly or indirectly
threaten trees or woodland of significant amenity or wildlife value
will be resisted. Where the Council considers that an existing tree
is not of amenity or wildlife value or that its location is inappropriate,
a suitable replacement may be sought as part of the development scheme.
This should normally be a native species in order to retain the character
of the locality. |
| 4.56 |
Development layouts, even if not affecting
trees directly, will not be acceptable if they would result in undue
pressure for the felling or excessive pruning of important trees,
whether in the short or long term. This can occur when the design
of a development leads to unacceptable conflict between retained or
newly planted trees and buildings or their occupants. Issues that
need to be taken into consideration to achieve a successful and sustainable
layout include shade, dominance, restriction of views, encroachment
of branches, root interference/invasion of drains, and subsidence. |
| 4.57 |
Where trees are an important feature of
a development, the Council will require planning applications to be
accompanied by a full and accurate tree survey in accordance with
British Standard 5837(1991), together with a planting and establishment
specification. Details of ground level changes, service and drainage
runs, building footprints, driveways and other hard surfaces should
also be provided. In appropriate cases, a landscape scheme may be
required. Developers will also be required to take steps to protect
trees during site clearance and building operations. |
| 4.58 |
Four summary leaflets covering tree work
applications, the protection of trees on development sites, landscape
schemes and design are available from the Council Offices. The Council
has formally endorsed the guidelines contained in Trees and Woodland
in East Sussex, published by the East Sussex Woodland Forum and available
for inspection at the Council Offices. |
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| Policy NE15 |
| Development will not
be permitted if it would adversely affect the health or result
in the loss of a tree, hedgerow or woodland considered worthy
of retention, unless the need for the development is demonstrated
to outweigh its amenity and nature conservation value, and there
is no reasonable alternative means of meeting the development
need. If the removal of one or more trees is permitted as part
of a development, a condition may be imposed to require that
an equivalent number or more new trees be planted either on
or near the site. |
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Ancient Woodland |
| 4.59 |
Much of the District's woodland contains
remnants of ancient woodland sites, which can be shown from map evidence
to have existed since at least 1600AD. Ancient semi-natural woodland,
as classified by English Nature, is the closest approximation to natural
broad-leaved forest to be found in Britain and is therefore the most
ecologically valuable. It is an irreplaceable resource of cultural,
wildlife, landscape and historic importance, and requires special
protection and careful management. The location of ancient woodland
within Wealden is identified in the Ancient Woodland Inventory for
East Sussex (1989), available for inspection at the Council Offices.
The Inventory only includes those ancient woodlands which are over
two hectares in area. |
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| Policy NE16 |
| Development will not
be permitted if it would involve the clearing, felling or otherwise
prejudice the ecology, landscape or historic value of Ancient
Woodland, as defined by English Nature. |
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Renewable Energy |
| 4.60 |
The development of renewable energy is
vital to meeting the Government's objectives for the reduction of
carbon dioxide emissions. The Government has set a target that generation
from renewable sources (power from the wind, the sea, the sun, agricultural
and/or forestry waste, etc.) should supply 10% of UK electricity by
2010. Its aspiration is to double this share to 20% by 2020. Meeting
these targets will require a large number of new individual renewable
energy developments nationally, which will be both large and small
in scale and utilise a range of different technologies. The Government's
planning policies for such developments are set out in Planning Policy
Statement 22: Renewable Energy. This states that renewable energy
developments should be capable of being accommodated throughout England
in locations where the technology is viable and environmental, economic
and social impacts can be addressed satisfactorily. |
| 4.61 |
Whilst East Sussex has experienced a very
low level of interest in renewable energy projects, this situation
is expected to change in the future. Improvements in renewable energy
technology, changes in the energy market and agricultural diversification
are likely to result in an increase in proposals for renewable energy
over the Plan period. The proposed alteration to RPG9 published in
July 2004 sets targets for land-based renewable energy generation
by 2010 and 2016, based on an assessment of the renewable energy potential
of the South East and its sub-regions. It identifies biomass as having
the most potential in East and West Sussex, with a small amount of
energy likely to be generated from onshore wind power and solar energy
(photovoltaic). |
| 4.62 |
Biomass plants fuelled by locally sourced
wood and energy crops can also bring benefits for the rural economy
through providing employment, alternative incomes for farmers and
encouraging woodland management. Small-scale power generation plant
may be incorporated into an existing complex of rural buildings to
minimise its visual impact. Large-scale installations serving a wider
area would not normally be appropriate in the open countryside, and
would be best sited on existing suitably located industrial sites,
where the impact on minor rural roads and the local environment would
be minimised. |
| 4.63 |
Whilst the assessment of renewable energy
resources identified some potential for wind power generation, average
wind speeds are highest on the open chalk uplands of the South Downs
and the ridges of the High Weald. However, these areas are also the
most environmentally sensitive in the District and development should
not compromise their unique landscape character, as recognised by
their designation as Areas of Outstanding Natural Beauty. The stark
landform of the Sussex Downs would be especially vulnerable to the
effect of wind farms. Off-shore wind farms do not fall within the
planning control of this Council. |
| 4.64 |
Photovoltaic solar energy systems can
be integrated into new commercial or domestic buildings, or retro-fitted
to existing buildings. The technology can also be used as a stand-alone
system for remote power generation, or as a central station connected
to distribution networks. The visual effect of solar energy systems
in relation to new or existing buildings and the character of the
surrounding area is the key consideration, where installations fall
under planning control. To this end, attention should be given to
systems which have low profiles or can be installed within the plane
of the roof. |
| 4.65 |
For reasons of sustainability and the
need to minimise the impact on the local environment, a wide spread
of small-scale or community based power generation facilities is considered
preferable to large-scale installations. Proposals for large-scale
power generation installations will need to demonstrate that their
contribution to meeting national or regional renewable energy targets
and carbon dioxide savings would outweigh any significant adverse
impact on the environment and landscape of the District. Large-scale
installations will not normally be acceptable within the AONBs. |
| 4.66 |
For the purposes of this policy, renewable
energy developments do not include energy from waste facilities, planning
policies for which are set out in the deposit draft Waste Local Plan
(as explained in paragraphs 13.60 - 13.62 of this Plan). |
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| Policy NE17 |
| In considering development
proposals for the generation of power from renewable resources
the Council will have regard to the wider environmental, economic
and social benefits of the proposal and the contribution that
any proposal will make towards regional and national targets,
and will permit development provided that the following criteria
are met: |
| (1) |
in the open countryside any new
buildings must be kept to a minimum, and must be located and
designed to minimise the impact on the landscape and local environment; |
| (2) |
new renewable energy systems must
be located and designed to minimise the impact on existing buildings
and the character of the surrounding area; |
| (3) |
there is no unacceptable adverse
impact on the High Weald or Sussex Downs AONBs, Sites of Special
Scientific Interest, Scheduled Ancient Monuments, Conservation
Areas, Historic Parks and Gardens, or other features of acknowledged
importance; |
| (4) |
the health and safety of occupiers
or users of other land and buildings are not put at risk; |
| (5) |
there is no significant adverse
effect on local amenities or the natural environment by virtue
of pollution and nuisance from noise, smoke, fumes, dust, smell
or other polluting emissions, unless practical measures can
be taken and maintained to reduce the effects to an acceptable
level; |
| (6) |
the local highway network is capable
of accommodating any additional traffic that may be generated
during construction and operation; |
| (7) |
in the case of power generation
using energy crops, energy generation plant should be well-located
in relation to their fuel source, and |
| (8) |
in the case of large scale development,
the location is in close proximity to suitable grid connections |
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