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| Chapter 5 |
| Built Environment |
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Context |
| 5.1 |
The quality of Wealden's historic and
built environment is highly valued and enjoyed by residents and visitors
alike throughout the countryside, towns and villages. Buildings and
the spaces around them contribute significantly to the quality of
life for those living and working in the District, which in turn is
essential to the continued economic and social well-being of the area.
The Council therefore attaches great importance to protecting and
enhancing the built heritage of its towns, villages and countryside
for future generations. This means encouraging good quality design,
respecting the historic environment, and enhancing local character
and distinctiveness whenever the opportunity arises. |
| 5.2 |
There is growing recognition of the need
to achieve a high standard of design in all forms of development.
Good design is essential in order to produce attractive and sustainable
places in which people will want to live, work and relax. It can help
to reinforce community identity, create a sense of place, reduce crime,
improve accessibility, and contribute to energy efficiency and biodiversity.
The Government through its Planning Policy Guidance Notes and Statements
clearly establishes the responsibilities of local planning authorities
to secure good design and the importance of achieving high quality
development that respects the environment. |
| 5.3 |
Buildings and areas of architectural or
historic interest are particularly important to protect since, by
definition, they are impossible to replace. Wealden has a rich and
valued legacy of listed buildings and conservation areas, as well
as historic parks and gardens, scheduled ancient monuments, and sites
of archaeological importance. Such assets contribute to the District's
cultural identity and unique sense of place; they need to be protected
and treated with due sensitivity and care. This is recognised by Government
guidance, which urges local planning authorities to maintain and strengthen
their commitment to stewardship of the historic environment. The policies
set out in this Chapter for the protection of historic assets will
be applied to both existing and future designations. |
| 5.4 |
The protection and enhancement of the
quality of the built environment is also central to the Structure
Plan's strategy for achieving a more environmentally sustainable future.
The approach set out in this Chapter to balancing the need to make
provision for development and change with the need to protect and
enhance the environment builds upon, and is supported by a range of
Structure Plan policies. |
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Strategy |
| 5.5 |
The Plan's strategy for the built environment
is to ensure that development at every scale responds appropriately
to its context, protecting what is of value whilst enhancing the environmental
qualities of the District for future generations. The key objectives
are: |
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(1) |
to ensure a high standard of design in
new development that respects the architectural, historic, and landscape
character of towns, villages and the countryside; |
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(2) |
to encourage the creation of functional,
accessible, safe, and energy efficient new sustainable development,
which preserves amenity and enhances the overall quality of the environment; |
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(3) |
to preserve and enhance the historic environment; |
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(4) |
to protect the character, appearance, setting
and identity of towns and villages, including important areas of open
space within and between them. |
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Design |
| 5.6 |
The Council seeks to ensure a high standard
of design in all new development, whether inside or outside of the
development boundaries. The aim is to achieve high quality development
that will maintain and enhance the District's unique and distinctive
character. Development is never too small to be considered in design
terms. It is often the cumulative effects of extensions and alterations,
rather than major new buildings, which impact on people's perception
of a place. |
| 5.7 |
Policy BE1 sets out the general design
criteria with which all development proposals will be expected to
comply. Its purpose is to ensure a consistency of approach, whilst
providing scope for innovative and imaginative design. In considering
these criteria, regard will be had to the best practice advice contained
in Better Places to Live (DTLR, 2001), By Design (DETR, 2000) and
Places, Streets & Movement (DETR, 1998). Proposals for new residential
estates are specifically addressed by Policy HG8 in the Housing Chapter. |
| 5.8 |
In the case of large developments, applicants
will be expected to submit a design statement. The degree of detail
in such a statement will depend on the scale and likely impact of
the development but should address design principles, show the proposal
in its context, and include illustrative plans and elevations. |
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| Policy BE1 |
| Development will only
be permitted if the following design criteria are met:- |
| (1) |
its siting, layout,
density, orientation and landscape treatment take full account
of the characteristics of the development site, its relationship
with its immediate surroundings and, where appropriate, views
into, over and out of the site; |
| (2) |
its size, shape, height,
massing, scale and proportions are compatible with the character
of its surroundings; |
| (3) |
its architectural
detailing, building materials, floorscape and boundary treatment
are compatible with the local character of the area; |
| (4) |
important trees,
hedgerows and other valuable landscape features are retained
and opportunities taken to enhance the wildlife potential of
the site, wherever practicable; |
| (5) |
adequate consideration
has been given to the spaces between and around buildings, demonstrated
where appropriate by the submission of a landscape scheme; |
| (6) |
it ensures a satisfactory
environment for future occupants, including adequate provision
for daylight, sunlight, privacy, garden space and/or landscaped
amenity areas; |
| (7) |
there will be no unacceptable
adverse impact on the privacy and amenities of adjoining properties
or the immediate locality by reason of scale, height, form,
outlook, noise, light intrusion or activity levels, including
vehicular movements; |
| (8) |
its layout and design,
including car parking and public spaces, will maximise surveillance
and reduce opportunities for criminal behaviour; |
| (9) |
its siting, layout,
orientation and design achieve the highest practicable degree
of energy and water efficiency. |
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| 5.9 |
In assessing the acceptability of development
proposals against the criteria set out in Policy BE1, careful regard
will be had to the principles set out below. |
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Context |
| 5.10 |
The design of new development should be
informed by the local topography, the existing natural features of
the site, the surrounding built character and its landscape setting.
Development that responds sensitively to the distinctive qualities
of a site and its setting is more likely to create a place that is
valued and attractive to the eye. At the same time, drawing inspiration
from the indigenous character of a neighbourhood or locality can help
to maintain local identity and strengthen a sense of place. |
| 5.11 |
Every effort should be made to incorporate
existing landscape features, including trees, hedgerows, rivers, streams
and ponds, into the development scheme. Natural features can help
to shape a development and integrate it into the wider area, particularly
on greenfield sites. Maximising the use of native species in planting
proposals will also help to integrate a development into the existing
landscape and reinforce the local distinctiveness of a locality. |
| 5.12 |
Local building materials, forms and details
are another important consideration. The District's varied vernacular
architecture, from the weather-boarding and tile hanging of the High
Weald to the traditional flint and red brick dressing of the South
Downs, generally displays a close link to the geological character
of its locality. Such building traditions and techniques can usually
be successfully interpreted in new development without unduly restricting
the scope of the designer. |
| 5.13 |
Regard should also be had to the layout
of buildings, streets and spaces in order to ensure that new proposals
are well related to, and integrated with, the existing pattern of
development. The degree of connection to the existing street network
and movement patterns is often the key to a successful development
and creating a sense of place. In larger developments, opportunities
should therefore be taken to create new linkages to adjoining areas. |
| 5.14 |
Further advice is contained in the Council's
draft publication Housing Estate Design Guidance, intended for adoption
as supplementary planning guidance. In addition, the County Council's
Manual for Estate Roads sets out the basic principles to be followed
in designing roads, cycle tracks and footpaths which are intended
to be adopted by the Highway Authority. |
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Landscape |
| 5.15 |
Landscape design should be an integral
and functional component of new development and must be considered
at the earliest possible stage. The appearance and treatment of spaces
between and around buildings is often as important as the design of
the buildings themselves. Landscape proposals should be based on a
comprehensive survey of the site, including existing trees and other
surrounding vegetation, landscape features, soil type, existing and
proposed levels, drainage and existing services. Issues that need
to be considered in the detailed design include: |
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- the mature size of trees and shrubs
- the proximity of buildings
- obstruction of light or views
- the routing of services
- root interference and subsidence
- the creation, restoration or enhancement of wildlife habitats
- implementation and maintenance
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| 5.16 |
Landscape assessment, design and implementation
are complex issues and it is recommended that, where appropriate,
professional landscape advice is sought at the outset. On large or
complex sites, a full landscape/ecological impact assessment will
normally be required prior to the determination of a planning application.
In all cases, a sufficient level of detail should accompany planning
applications to enable the visual and functional impact of the development
as a whole to be assessed. |
| 5.17 |
Summary leaflets covering landscape schemes,
landscape design, tree work applications and the protection of trees
on development sites are available from the Council, as listed in
Appendix 7. Policies for the protection of important trees and woodland
are contained in the Natural Environment Chapter. |
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Privacy and Amenity |
| 5.18 |
Good design is essential to create attractive
and functional developments that enhance the quality of life of those
who use them and preserve the amenities of adjacent properties. In
order to reduce the pressure on greenfield sites and create more sustainable
environments, the Government is promoting higher densities and a mix
of uses in new developments. However, care must be taken to ensure
that this does not lead to cramped developments, or to loss of privacy
and other types of nuisance. |
| 5.19 |
The aim should be to use a variety of
forms, spaces, ancillary buildings, planting and boundary treatments
to create privacy and amenity whilst achieving a more efficient and
sustainable use of land. Overlooking of ground floor living rooms
and private gardens will be a particularly important consideration
where relevant. The sensitive design of entrances, access points and
servicing arrangements will also be necessary in order to minimise
disturbance to existing and future occupants. |
| 5.20 |
Convenient access to open space will be
an important consideration, particularly in larger developments. All
open space should have a recognisable function in order to ensure
that it makes a positive contribution to the development and maintenance
arrangements can be clearly established and agreed. Space that does
not have a clear function will become neglected and a potential crime
risk. Open space provision is further addressed in the Leisure and
Recreation Chapter. |
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Public Art |
| 5.21 |
Public art can play an important role
in enhancing local distinctiveness and a sense of place. The Council
therefore encourages the inclusion of art works in public places,
both through its own initiatives and through negotiations with developers.
Public art can include permanent works of art created for specific
places, artists working within a design team to integrate creative
ideas and works into the fabric of a development, and temporary events
and installations. In appropriate cases, contributions will be sought
towards the provision of public art as part of major development schemes.
The Council's Arts Development Officer can offer advice and expertise
on commissioning public art in association with a development and
managing the artist's contribution within the building programme. |
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Security |
| 5.22 |
The Council has a duty, under the Crime
and Disorder Act 1998, to ensure that appropriate measures are taken
within all development proposals to deter crime. Careful regard should
therefore be had to the detailed siting, design and layout of new
development to reduce the likelihood of vandalism and the risk of
personal attack. Measures which can reduce opportunities for criminal
behaviour include: |
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- well-used or overlooked streets and spaces which maximise natural
surveillance, in particular children's playgrounds and car parking
areas
- a design which provides a clear definition of ownership and
responsibility for each part of the development
- clear, direct and well-lit routes through a development for
pedestrians and cyclists
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| 5.23 |
Further guidance is available in the Sussex
Police publication, Secured by Design, available from the Council
Offices. In the case of larger residential and commercial proposals,
applicants are advised to consult with the Local Crime Prevention
Officer prior to the submission of a planning application. |
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Energy and Water Conservation
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| 5.24 |
Development proposals will be expected
to demonstrate a high standard of efficiency in the use of energy
and water, in accordance with the principles of sustainability. In
terms of reducing energy consumption, the detailed design of buildings
is dealt with by the Building Regulations and largely falls outside
of land-use planning controls. However, the siting, layout and orientation
of a development to achieve energy efficiency should be an important
consideration in new development proposals. |
| 5.25 |
The Council gives a high priority to this
issue and developers are encouraged to have regard to the following
factors in designing new development: |
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- location with respect to micro-climate
- the use of heat recycling, solar energy and passive solar gain
- rainwater and greywater recycling
- maximising the efficient use of natural light
- use of materials with reduced energy inputs and low maintenance
needs
- tree planting to provide shelter belts
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| 5.26 |
Efficiency measure should not be achieved
at the expense of appearance. Indeed, applicants will be expected
to incorporate such measures appropriate to the building and its setting.
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Design for people with
mobility difficulties |
| 5.27 |
The Council is committed to securing a
more accessible environment for everyone, including wheelchair users,
other people with disabilities, the elderly and those with infants
in pushchairs. Legislation, including Part M of the Building Regulations
and the Disability Discrimination Act 1995, requires anyone erecting
a building, including dwellings, to make provision for safe and convenient
access by disabled people. The policy set out below is intended to
complement this legislation by ensuring that access issues are considered
at an early stage in the development process, particularly in respect
of public spaces and buildings. |
| 5.28 |
All development to which the public will
have access should make specific provision for people who are mobility
impaired wherever it is practicable and reasonable to do so. This
provision will apply to extensions and changes of use to existing
buildings as well as new buildings. The Council will expect applicants
to provide a suitable means of access both to and within buildings,
purpose-designed car parking spaces and appropriate signing. Regard
should also be had to the layout, dimensions, and construction of
pedestrian areas, and the location of street furniture and lighting. |
| 5.29 |
Comprehensive guidance on the design of
buildings and the external environment is contained in the Sussex
Coast and Countryside Access Guide, which is available from the Council
Offices. There is also a British Standards Institute Code of Practice
(BS8300) to delivering building design that meets the needs of all,
including people with disabilities. The Council has nominated an Access
Officer who acts as a central point for guidance and advice. Standards
for the provision of car parking for the disabled are contained in
Appendix 2. |
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| Policy BE2 |
| Proposals for the
development of land or buildings which are open to the public
or used for employment or education purposes, including extensions,
alterations and changes of use of buildings, will only be permitted
if adequate provision is made wherever practicable and reasonable
for safe and convenient access by people with impaired mobility. |
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Conservation Areas |
| 5.30 |
Conservation Areas are designated under
the Planning (Listed Buildings and Conservation Areas) Act 1990, which
requires local planning authorities to determine which parts of their
districts are areas of special architectural or historic interest,
the character or appearance of which it is desirable to preserve or
enhance. There are thirty four Conservation Areas in Wealden, covering
the historic parts of the following towns and villages:- |
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| Alciston |
Jevington |
| Alfriston |
Litlington |
| Berwick |
Maresfield |
| Cade Street |
Mayfield |
| Chiddingly |
Old Heathfield |
| Cousley Wood |
Pevensey & Westham |
| Crowborough |
Ripe |
| Danehill |
Rotherfield |
| East Dean |
Rushlake Green |
| East Hoathly |
Selmeston |
| Fletching |
Uckfield |
| Forest Row |
Wadhurst |
| Framfield |
Waldron |
| Frant |
Westdean |
| Hailsham |
Withyham |
| Hartfield |
Willingdon |
| Hellingly |
Wilmington |
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| 5.31 |
Appraisals have been carried out for all
Conservation Areas, detailing the contribution of the different features
that combine to form the special interest that provides the basis
for designation. These appraisals should be taken into account in
formulating development proposals within a Conservation Area, since
they carry significant weight in determining applications for both
planning permission and Conservation Area or Listed Building consent.
They are set out in individual designation reports, which are available
from the Council. |
| 5.32 |
The Council will continue to review existing
Conservation Areas and prepare new appraisals in consultation with
the public. In reviewing existing designations, the primary consideration
will be the quality and interest of the area, rather than that of
individual buildings and the Council will use the criteria set out
in the English Heritage document Conservation Area Appraisals (1997). |
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5.33 Conservation Area designation is not
aimed at prohibiting change but, rather, at ensuring that change is
carried out sensitively and in a manner sympathetic to the character
of the area. In order to assess the likely impact of a development
proposal on the character and appearance of a Conservation Area, detailed
plans and drawings will need to accompany any planning application.
Outline applications for development will not be considered. |
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| Policy BE3 |
| Development within
a Conservation Area must preserve or enhance the character or
appearance of the Area and will only be permitted if the following
criteria are met: |
| (1) |
the scale, volume,
form, design and detailing respect the characteristics of existing
buildings in the area; |
| (2) |
the siting, density
and plot coverage are compatible with neighbouring buildings
and spaces and the historic settlement pattern; |
| (3) |
the use and application
of building materials and finishes is appropriate to the area.
Walls, fences and gates should be of a type traditionally used
in the area; |
| (4) |
historic or locally
distinctive features, such as boundary walls, ground surfaces,
shop fronts and street furniture are retained and, where necessary,
restored; |
| (5) |
open spaces important
to the character and appearance of the area are retained; |
| (6) |
important views within
and out of the area are retained; |
| (7) |
trees, hedgerows
and other landscape features contributing to the character and
appearance of the area are retained and protected; |
| (8) |
the character of
the area would not be adversely affected because of traffic
generation, vehicle parking and servicing, or noise. |
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| 5.34 |
With some minor exceptions, proposals
for the demolition of unlisted buildings or structures in Conservation
Areas require Conservation Area Consent. There is a general presumption
in favour of retaining all unlisted buildings that make a positive
appearance to the character or appearance of a Conservation Area.
Where consent for demolition is approved, a condition will normally
be attached to ensure that demolition shall not take place until a
contract for the carrying out of works of redevelopment has been made. |
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| Policy BE4 |
| Development involving
demolition within a Conservation Area will not be permitted
unless: |
| (1) |
the structure to
be demolished either makes no positive contribution to the character
or appearance of the area or it can be demonstrated that it
is wholly beyond repair or incapable of a reasonable beneficial
use; and |
| (2) |
detailed proposals
for the re-use of the site, including any replacement building
or other structure, have been approved. |
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| 5.35 |
In accordance with Government advice in
PPG15, Planning and the Historic Environment, careful consideration
will also be given to proposals which are outside a Conservation Area
but could nevertheless affect its character or appearance. |
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| Policy BE5 |
| Proposals for development
outside of a Conservation Area, but which affect its setting
or views into or out of it, should respect its character and
appearance. |
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Buildings of Special Architectural
or Historic Interest |
| 5.36 |
Buildings which the Secretary of State,
advised by English Heritage, considers to be of special architectural
or historic interest are included on a list under the provisions of
the Planning (Listed Buildings and Conservation Areas) Act 1990. The
purpose of listing is to identify the best of the nation's built heritage
and to give such buildings legal protection from demolition or alterations
which might damage their character. There are over 2,500 such buildings
in Wealden, detailed by parish in lists that are available for inspection
at the Council Offices. |
| 5.37 |
The extent to which a listed building
can accommodate change without loss of special interest varies according
to the individual circumstances. Careful attention needs to be given
to the area around it, as well as to any works involved in alterations
or extensions, including building materials, doors, windows and other
architectural features. These and other issues affecting historic
buildings are more fully explained in a series of Conservation Guidance
Notes, available from the Council Offices and listed in Appendix 7. |
| 5.38 |
In exceptional cases, in order to secure
the retention of a listed building, the Council may consider relaxing
planning policies or building control standards to allow the design
of sympathetic additions, alterations or changes of use. The Council
provides advice to owners on building conservation and in certain
instances, financial assistance may be available for repair and maintenance
under the Council's Buildings Conservation Grant Scheme. |
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| Policy BE6 |
| Proposals to extend,
alter or change the use of a listed building will only be permitted
where it would preserve or enhance the building, its setting
and any features of special architectural or historic interest
the building possesses. |
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| 5.39 |
The Council places a high priority on
preserving and, where necessary, improving listed buildings in recognition
of their contribution to the quality of the historic environment.
Demolition will only be permitted in exceptional circumstances and
there is the expectation that owners of listed buildings will keep
them in good repair, backed up by the use of statutory powers where
necessary. Where such buildings are substantially unused, it is important
that their potential for rehabilitation and the accommodation of new
uses is fully investigated before redevelopment is contemplated. |
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| Policy BE7 |
| There is a general
presumption in favour of the preservation of listed buildings,
and proposals for their total or substantial demolition will
not be permitted unless the following criteria are met: |
| (1) |
all reasonable efforts
have been taken to sustain the existing use or find viable new
uses, and these efforts have failed; |
| (2) |
the preservation
of the building in charitable or community ownership is not
practicable; |
| (3) |
the redevelopment
of the building would provide substantial community benefits
which would decisively outweigh its loss. |
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| 5.40 |
The Council will also give careful consideration
to proposals which would affect the setting of a listed building.
The setting may be limited to obviously ancillary land, including
possibly parkland around a building, but may also involve land or
properties some distance away. For instance, where a listed building
forms an important visual element in a street, any development in
that street could be regarded as being within the setting of the building.
Proposed high or bulky buildings and structures might also affect
the setting of a listed building despite being some distance away. |
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| Policy BE8 |
| Proposals for development
which would adversely affect the setting of a listed building
will not be permitted. |
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Buildings of Local Interest |
| 5.41 |
It is recognised that many buildings,
which are valued for their contribution to the local scene or for
local historical associations, will not merit statutory listing. Whilst
some buildings will be protected by conservation area designation,
many will have no protection. Consequently, in accordance with Government
guidance, the Council has formulated a policy which seeks to retain
buildings of local interest and prevent proposals that would adversely
affect their character and appearance. |
| 5.42 |
The Council in partnership with Town and
Parish Councils, Town Partnerships and local amenity groups will draw
up a list of Buildings of Local Interest which will be published,
along with the criteria used for selection, as supplementary planning
guidance at a later date. The local listing and policy does not mean
that buildings enjoy the full protection of statutory listing. |
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| Policy BE9 |
| Redevelopment involving
total or partial demolition of a Building of Local Interest
will not be permitted unless: |
| (1) |
the proposal would
achieve an improvement on the quality of the built environment
and the proposed replacement is of equal or better quality than
the building it would replace; or |
| (2) |
it can be demonstrated
that the condition of the building is such that the repair and
maintenance costs for the building's retention, in its existing
or in an appropriate alternative use, is prohibitive. |
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that would be detrimental to the features, character or appearance
of a Building of Local Interest will not be permitted. |
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Historic Parks and Gardens |
| 5.43 |
A number of parks and gardens in Wealden
are included in English Heritage's Register of Parks and Gardens of
Special Historic Interest. These are set out below, classified according
to the degree of importance of historic interest. |
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| Bayham Abbey, Frant |
(II) |
| Buckhurst Park, Withyham |
(II) |
| Buxted Park, Buxted |
(II) |
| Charleston Manor, Westdean |
(II) |
| Eridge Park, Frant |
(II*) |
| Frant Court, Frant |
(II) |
| Groombridge Place, Groombridge |
(II*) |
| Hammerwood Park, Forest Row |
(II) |
| Heathfield Park, Heathfield |
(II) |
| Herstmonceux Castle, Herstmonceux |
(II*) |
| The Hoo, Willingdon |
(II*) |
| Horsted Place, Little Horsted |
(II) |
| Kidbrooke Park, Forest Row |
(II) |
| Penns in the Rocks, Withyham |
(II*) |
| Rotherfield Hall, Rotherfield |
(II*) |
| Sheffield Park, Fletching |
(I) |
| Wadhurst Castle, Wadhurst |
(II) |
| Wooton Manor, Nr Polegate |
(II) |
| Wych Cross Place, Maresfield |
(II) |
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| 5.44 |
The extent of these sites is shown on
the Proposals Map and details of each are given in English Heritage's
Register, which is available for inspection at the Council Offices.
Whilst no additional statutory controls follow from the inclusion
of a park or garden on the Register, the Council seeks to protect
their character, appearance and features from development which would
harm their historic interest. It also encourages their conservation
and restoration. |
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| Policy BE10 |
| Development will not
be permitted if it would adversely affect the character, appearance,
features or the setting of any registered Historic Park or Garden.
Schemes to conserve, restore and manage the historic landscape
will be sought in connection with any development affecting
a registered Historic Park or Garden. |
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Archaeology |
| 5.45 |
There are over 400 sites of archaeological
interest within the District, of which 103 are Scheduled Ancient Monuments.
The latter are listed at Appendix 6 and are shown on the Proposals
Map. More detailed maps showing the location and extent of all sites
of archaeological interest are available for inspection at the Council
Offices. Information and evidence from the County Sites and Monument
Record is also available for reference. |
| 5.46 |
PPG16, Archaeology and Planning, emphasises
the importance of archaeology, pointing out that such remains are
a finite, non-renewable resource which is particularly vulnerable
to damage and destruction. Where nationally important archaeological
remains, whether scheduled or not, and their settings, are affected
by proposed development, there should be a presumption in favour of
their preservation. |
| 5.47 |
Where development proposals affect archaeological
sites or areas of potential archaeological interest, including significant
external or internal alterations to buildings or structures of historic
interest, the applicant will be required to commission an appropriate
professional assessment of the impact of their proposals on the archaeological
and historical interest of the site in order to provide the Council
with sufficient information to determine the application. |
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| Policy BE11 |
| There is a presumption
against development which would adversely affect scheduled ancient
monuments and other sites of national archaeological importance
or their settings. |
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| Policy BE12 |
| Development proposals
affecting archaeological sites or areas of potential archaeological
interest, including significant external or internal alterations
to buildings or structures of historic interest, will not normally
be permitted in advance of an adequate assessment of their archaeological
implications. |
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| Policy BE13 |
| Where, exceptionally,
planning permission is granted to develop a site of demonstrable
archaeological importance, the applicant will normally be required
to provide for the in situ preservation of valuable remains.
On sites where this preferred approach is not justified, proper
provision should be made for the excavation and recording of
archaeological remains, together with publication of the results,
and where appropriate the curation of remains, before development
commences. |
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Enabling Development |
| 5.48 |
'Enabling development' is development
that is contrary to established planning policy - national or local
- but which may exceptionally be justified in order to secure the
future of heritage assets, such as listed buildings, scheduled monuments
and historic landscapes. Its defining characteristic is that the gain
from contravening planning policy subsidises a public benefit that
could not otherwise be achieved. Thus, unlike most planning applications,
financial issues will be central to determining this type of proposal. |
| 5.49 |
There is increasing concern that such
developments, put forward as a way of benefiting heritage assets,
may often destroy more than they save. English Heritage therefore
advises that there should be a clear presumption against enabling
development and that permission should only be granted exceptionally
where it can be satisfactorily demonstrated that the public benefits
clearly outweigh the harm that would be caused. Such benefits must
be securely and enforceably linked to the planning permission, normally
through a planning agreement. |
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| Policy BE14 |
| Enabling development
relating to heritage assets will not be permitted unless the
following criteria are met: |
| (1) |
the development will
not materially detract from the archaeological, architectural,
historic, landscape or biodiversity interest of the heritage
asset or materially harm its setting; |
| (2) |
the development avoids
detrimental fragmentation of management of the heritage asset; |
| (3) |
the development will
secure the long-term future of the heritage asset and, where
applicable, its continued use for a sympathetic purpose; |
| (4) |
the problem that
the development seeks to resolve arises from the inherent need
of the heritage asset, rather than the circumstances of the
present owner or the purchase price paid; |
| (5) |
sufficient financial
assistance is not available from any other source; |
| (6) |
the amount of development
is the minimum necessary to secure the future of the heritage
asset and its form minimises disbenefits; |
| (7) |
the value or benefit
to the survival or enhancement of the heritage asset outweighs
the long-term costs to the community of providing the enabling
development. |
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| 5.50 |
In the consideration of the criteria set
out in Policy BE13, careful regard will be had to the guidance set
out in English Heritage's document, Enabling Development and the
Conservation of Heritage Assets (2001). |
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Light pollution |
| 5.51 |
The number of outdoor lights and their
power have increased considerably over recent years and light pollution
is now a prominent environmental concern. The scattering or spillage
of artificial light can contribute to 'sky glow' at night and can
be particularly intrusive within the rural environment. Furthermore
it is wasteful of the Earth's finite energy resources and can lead
to unnecessary emissions of greenhouse gases. |
| 5.52 |
It is recognised that the lighting of
buildings and roads is sometimes necessary for night - time security
or general safety reasons. In addition, floodlighting can enable land
to be used more effectively e.g. by allowing the evening use of outdoor
sports facilities. However the level and intensity of lighting should
be appropriate to the character of the locality and unnecessary light
spillage should be minimised. Care should also be taken to avoid harming
the amenities of adjoining occupiers or distracting passing road users,
particularly by the illumination of advertisements. |
| 5.53 |
New lighting should be integrated with
the surrounding environment and should be based on an assessment of
the needs of the users, the location, the size of the space and the
activities to be lit. Light fittings that have been designed to minimise
the amount of light spilling on to neighbouring properties or shining
up into the sky will be sought wherever possible. Where appropriate,
planning conditions will be imposed to restrict the intensity or hours
of illumination. Further guidance can be obtained from Lighting
in the Countryside: Towards Good Practice, published by the Office
of the Deputy Prime Minister. |
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| Policy BE15 |
| Development proposals
which include external lighting will only be permitted if:- |
| (1) |
the alignment of
lamps and the provision of shielding minimises light spillage
and glow from the site; |
| (2) |
the number of lamps
and the intensity of light is no greater than is necessary to
be compatible with safety and security objectives; |
| (3) |
the proposal does
not adversely affect the character and amenity of the locality
or the countryside. |
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Advertisements |
| 5.54 |
Advertisements and signs are generally
regarded as essential to commercial and business activity. However,
they can also detract from the character and appearance of a building
or area through insensitive design, colour, size or location. A proliferation
of advertisements and signs can be particularly harmful to visual
amenities and often duplicates information unnecessarily. Control
over their display is exercised under the Town and Country Planning
(Control of Advertisement) Regulations 1992. An explanatory guide
to these regulations, Outdoor Advertisements and Signs - A Guide for
Advertisers (DETR 1995), is available from the Council Offices. |
| 5.55 |
Many signs need the 'express consent'
of the Council, but some are exempt or benefit from 'deemed consent'
provided that certain conditions are met. The Council can seek to
remove an existing advertisement, displayed with 'deemed consent',
if the sign is considered to cause substantial injury to the amenity
of the locality or a danger to members of the public. In such instances,
a 'Discontinuance Notice' may be served which requires the advertisement's
removal. |
| 5.56 |
The Council will seek to ensure that advertisements
and signs within its control are carefully designed and sympathetic
in terms of size, proportion, colour, materials, lettering, illumination
and location, in order to avoid harm to the appearance or character
of the area or risks to public safety. The appropriateness of an advertisement
will therefore depend upon the characteristics of the locality in
which it is located. In the countryside, advertisements should generally
be more restrained and internally illuminated signs, in particular,
are unlikely to be acceptable. Particular regard will be had to proposed
advertisements and signs in the Areas of Outstanding Natural Beauty.
Special attention will also be given to signs within Conservation
Areas; often a non-standard design may be required to prevent damage
to the sensitive environment of such areas. |
| 5.57 |
It is advisable to have full regard to
the signage requirements of a development at the outset. Advertisements
and signs added as an afterthought often appear incongruous and may
be unacceptable. Early consideration of the scope, siting and design
of signs associated with new development, including conversions, is
expected. There is specific concern over the proliferation of roadside
signs, particularly in the countryside and it is the County Council's
policy, as Highway Authority, only to allow direction signs when needed
for traffic reasons. |
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| Policy BE16 |
| Consent will only
be given for advertisements and signs which do not detract from
the character of their surroundings or, where appropriate, the
style, scale or proportion of the building, and which are otherwise
acceptable in terms of amenity and public safety, either in
themselves or together with other existing signage. |
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Telecommunications |
| 5.58 |
Modern telecommunications make an important
contribution to the life of local communities and the national economy.
New technology in this field is spreading rapidly to meet the demand
for better communications for businesses, homes and public services.
The Council recognises the need to allow the telecommunications industry
to develop efficiently and safely. However it remains concerned about
the visual impact of telecommunication development, especially masts,
which can potentially occur over a wide area. There is a need to balance
the requirements of the telecommunications industry with the protection
of the best and most sensitive environments. |
| 5.59 |
In weighing the impact on the environment
with the need for reasonable provision of equipment, careful consideration
will be given to minimising the proliferation of new masts, antennae
and radio base stations. Technical information will be required on
how any free-standing proposal for network telecommunications is linked
to the specific network and justification for siting, including reasons
why the location of development is essential in terms of network coverage.
Applicants for new masts will be expected to demonstrate that they
have explored the potential for erecting antennae on an existing building,
mast or other structure. |
| 5.60 |
Siting and design considerations will
take particular account of the visual impact of a mast and any associated
development on the Areas of Outstanding Natural Beauty, other areas
of landscape character defined in Chapter 4 that are sensitive to
the introduction of such structures, Conservation Areas, Listed Buildings,
Scheduled Ancient Monuments and their settings. Design, height and
mass will be taken into account, together with the scope for landscaping
and screening. Recent environmental solutions in sensitive rural locations
have included masts disguised as trees. |
| 5.61 |
It is a requirement of the Code Systems
Operators Licence that all equipment is removed once it is no longer
in use. However, the Council will normally complement this provision
by imposing a condition requiring the removal of masts and other apparatus
when they are no longer needed for the approved use . |
| 5.62 |
Growing concerns over the potential health
risks associated with mobile phone masts prompted the Government to
set up an independent study into the use of this technology. The resulting
Stewart Report (May 2000) concluded that "the balance of evidence
does not suggest that mobile phone technologies are a risk to health",
but advised that a 'precautionary approach' should be taken at present.
The precautionary approach was to adopt the International Commission
on Non-Ionising Radiation Protection (ICNIRP) guidelines for public
exposure. The Government accepted this and all new mobile phone base
stations are expected to meet the ICNIRP guidelines. |
| 5.63 |
It is recognised that public concern about
the effects of a proposal on health can in principle be a material
consideration in determining applications for planning permission.
However, Government guidance states that if a proposed development
meets the ICNIRP guidelines, it should not be necessary for a local
planning authority, in processing an application, to consider further
the health aspects or concerns about them. |
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| Policy BE17 |
| Proposals for telecommunications
developments will be permitted where the following criteria
are met: |
| (1) |
the siting, design,
materials and colour of the equipment, together with any associated
landscape treatment, minimises the visual impact on the locality; |
| (2) |
existing buildings
or other suitable structures are used to accommodate equipment,
and for mounting antennae, where technically and operationally
practicable; |
| (3) |
site and/or mast
sharing is used, where technically and operationally practicable; |
| (4) |
necessary operating
heights and sizes for masts, antennae and other equipment are
minimised; |
| (5) |
it has been reasonably
demonstrated that all technically feasible alternatives have
been explored and that the proposal results in the least environmental
harm. |
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Satellite Television Dishes
and Antennae |
| 5.64 |
Satellite television dishes raise similar
issues in terms of the need to meet changing demands for telecommunications
apparatus whilst preserving the appearance of buildings and their
surrounding environment. A useful summary of the relevant considerations
and the circumstances in which planning permission is needed is given
in A Householder's Planning Guide for the Installation of Satellite
Television Dishes (DETR 1998), which is available from the Council
Offices. |
| 5.65 |
A domestic satellite dish installed under
permitted development rights must be sited, as far as practicable,
in such a way that minimises its impact on the external appearance
of the building to which it is to be attached. Where the Council considers
that a satellite dish is poorly sited, it may require the dish to
be re-positioned less conspicuously. It is therefore advisable to
discuss the siting of such apparatus with the Council prior to its
installation. Where a satellite dish is no longer needed, it should
be removed. |
| 5.66 |
Where planning permission is required
for the installation of a satellite dish, the Council will seek to
ensure that the visual impact is minimised through careful siting
and the use of appropriate design, materials, and colour. Communal
facilities will be encouraged, where practicable, in order to avoid
the need for a proliferation of installations. When telecommunications
facilities are likely to be required by the occupiers of a new development,
the Council will expect the developer to incorporate provision for
this into the overall design of the scheme from the outset. |
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| Policy BE18 |
| Proposals for satellite
dishes or antennae on a building or within its curtilage will
be permitted where the following criteria are met: |
| (1) |
the siting, design,
materials and colour of the equipment would not have a significant
adverse effect upon the appearance or setting of the building
concerned or upon the amenities of neighbouring properties; |
| (2) |
the total number
of satellite dishes and antennae sited on the building concerned,
or within its curtilage, together would not have a significant
adverse effect on the appearance or setting of the building
or be intrusive in the surrounding locality. |
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Hazardous Sites |
| 5.67 |
Certain sites and pipelines are designated
as notifiable installations by virtue of hazardous substances stored
or otherwise present. Such installations are subject to the Planning
(Hazardous Substances) Regulations 1992 and the Planning (Control
of Major-Accident Hazards) Regulations 1999. Whilst it is not the
role of the planning system to enforce the legislation covered by
other bodies, it is appropriate to address the land use issues including
the siting of new installations and development in the vicinity of
such establishments. |
| 5.68 |
To reduce the risk of accidents and to
reduce the risk to people, there is a need to maintain appropriate
distances between establishments where hazardous substances are present
and residential areas, areas of public use and areas of particular
natural sensitivity or interest. This should be achieved through controls
on the location of new establishments at which hazardous substances
are present, controls on extensions and alterations at existing establishments
and controls on new developments in the vicinity of existing establishments. |
| 5.69 |
Subject to other policies of this Plan
proposals for development involving the storage, use, production or
transportation of hazardous substances will only be permitted where
it can be demonstrated that there would be no unacceptable risk to
the public, the environment or neighbouring land uses. New development
in the vicinity of existing hazardous installations will only be permitted
where it can be demonstrated that it would not result in the amenities
of the future occupants of the proposal being adversely affected by
the operations of the existing uses. |
| 5.70 |
In accordance with the Town and Country
Planning (General Development Procedure) Order 1995 (Article 10) and
DETR Circular 04/2000 and associated regulations, the Council will
consult the Health and Safety Executive where applications are received
for any proposed notifiable installations, or for certain categories
of development in the vicinity of an existing notifiable installation,
including residential accommodation and commercial accommodation in
excess of 250sqm. The consultation distances vary according to the
substances involved and the zones are subject to review and may vary
over the Plan period. Applicants may be requested to provide additional
information on the development proposal and potential risks for the
implications to be fully considered. |
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| Policy BE19 |
| Development involving
the use, movement, storage or production of a hazardous substance
will not be permitted if it would cause an unacceptable additional
risk to other land uses. |
| Development in the
vicinity of a site where hazardous substances are known to be
present or which are used for the purposes of the movement,
storage, or production of hazardous substances, or within the
consultation distances of a notifiable installation will not
be permitted if there would be an unacceptable risk to the users
or occupiers of the development. |
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Safeguarding of Civil
Aerodromes and Technical Sites |
| 5.71 |
Some civil and military aerodromes, selected
on the basis of their importance for the national air transport system
or their strategic importance for defence are officially safeguarded
to ensure that their operation and development are not inhibited by
buildings, structure and other works and development. A similar safeguarding
applies to ground based technical and navigation equipment required
for the operation of certain aerodromes and where specifically agreed
for privately operated airfields. Wealden District is affected by
safeguarding which applies to Gatwick Airport and Deanland Airfield
at Ripe, as well as that applying to technical sites, including, the
Mayfield Navigation Beacon at High Hurstwood, Seaford Beacon, and
Pease Pottage, and Herstmonceux Meteorological Station. The safeguarded
areas are shown on the Proposals Map but are neither the responsibility
nor the proposal of the Council. |
| 5.72 |
The Town and Country Planning (Safeguarded
Aerodromes, Technical Sites and Military Explosive Storage Areas)
Direction 2002 and Circular 1/2003 require local planning authorities
to consult with the relevant aerodrome operator of the Ministry of
Defence before granting planning permission for certain types of development,
falling within the safeguarded areas, including: |
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(1) |
Any proposal for a windfarm within the
boundary of Wealden District; |
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(2) |
tall buildings, structures and other works,
including major landscaping and wetland creation proposals within
the safeguarding areas for Gatwick Airport and Deanland Airfield (Ripe); |
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(3) |
Buildings, structures and other works
in the vicinity of other technical sites. |
| 5.73 |
Applications within the safeguarded areas
should be accompanied by details of the elevation of the site (to
an accuracy of 0.25m AOD), the layout, dimensions and heights of proposed
buildings and structures, together with details of proposed materials
so that the potential for radar reflection or interference can be
considered. In some instances, information on landscaping, including
the creation of wetland or waterbodies, may also be required to assess
the potential for bird strike hazard. The requirement for information
on development proposals within the safeguarded areas applies to all
types of planning applications, including outline applications, renewals,
reserved matters or amendments. Consultations with the relevant bodies
may result in permission being refused or in restrictions being placed
on development. In some instances, applicants may need to undertake
a full risk assessment. |
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| Policy BE20 |
| Development within
the safeguarded areas for aerodromes and technical sites, as
shown on the Proposals Map, will only be permitted if it would
not prejudice the interests of defence, air transport and the
safe and optimum operation and development of aerodromes and
sites. |
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