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| Chapter 6 |
| Development in the Countryside |
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Context |
| 6.1 |
The countryside is integral to the character
of Wealden, yet it is subject to increasing pressure for change. In
recent years there has been a major shift in the Government's agricultural
policies away from increasing agricultural production and keeping
land in agricultural use, in response to large agricultural surpluses.
There is likely to be a continuing need for farmers to diversify into
appropriate new farming and business activities, including the production
of new or alternative crops. |
| 6.2 |
In this context, the England Rural Development
Programme marks a major step by the Government, in accordance with
European policy, towards switching farm spending from production based
support to schemes which boost the wider rural economy, advance environmentally
beneficial farming practices and which help to modernise and restructure
the farming industry. The Rural White Paper emphasises the importance
of diversifying the rural economy whilst also protecting the environment.
In addition, DEFRA's Strategy for Sustainable Farming and Food (2002)
outlines the Government's approach to addressing the current needs
of the agricultural and food industries. At a local level, the Council's
objectives for economic development support a range of projects and
initiatives aimed at maintaining and diversifying the rural economy,
for example, the Council has been a partner in a national pilot land
management initiative in the High Weald (see paragraph 6.29). |
| 6.3 |
With regard to planning policies for the
countryside, Government guidance in Planning Policy Statement (PPS)
7: Sustainable Development in Rural Areas (August 2004) advises
planning authorities to support sustainable development in rural areas
to: |
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- revitalise country towns and villages;
- facilitate economic activity/rural diversification;
- improve community facilities and services;
- meet rural housing needs;
- enable farmers to become more competitive;
- support equestrian enterprises that maintain environmental quality;
and
- provide for a range of tourism and leisure facilities.
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| 6.4 |
In seeking to achieve the above, PPS7
advises that planning authorities should continue to protect the countryside
for the sake of its character and beauty, the diversity of its landscapes
and wildlife and the wealth of its natural resources. Structure Plan
policies for the countryside state that agriculture and woodland will
remain the main land uses and development will continue to be strictly
controlled with the emphasis on economic diversification. |
| 6.5 |
This chapter contains the land use planning
policies that are considered appropriate to balance the need for economic
diversification with protecting and, where possible, enhancing the
environment. These policies apply to all areas outside the development
boundaries, including the fringes of some settlements, and cover others
where no development boundary is drawn. |
| 6.6 |
Agricultural development, farm diversification,
recreational and equestrian developments, as well as certain residential
development in the countryside are considered below. Policies for
business, shopping, transport, tourism and recreation development
which also relate to the countryside are contained in the respective
subject chapters of the Plan. |
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Strategy |
| 6.7 |
In line with national, regional and local
policies, the emphasis is on appropriate diversification in the rural
economy, finding new uses for agricultural buildings and new sources
of employment in the rural areas with the aim of helping maintain
a living and working countryside. Broadening the base of the rural
economy must, however, be balanced with protecting the countryside
for the sake of its beauty, diversity of landscape, wildlife, recreation
and natural resource value. Care also needs to be taken to avoid the
harmful affects of rural diversification, including the introduction
of intrusive development, increased traffic on narrow lanes and the
negative impacts that can arise as a result of the fragmentation of
farm holdings, such as the severance of farm buildings from the land
and the creation of small plots of land which would lead to the diminution
of landscape character. The aim is to prevent sporadic and unnecessary
development and normally only permit that which is regarded as conserving
the character of the countryside. It is also an important aim of the
Plan to protect those areas of vulnerable countryside around towns
and villages which contribute to their setting and unique identity
and which prevent the merging of nearby settlements. |
| 6.8 |
In terms of countryside recreation, the
emphasis is on quiet enjoyment to reflect the high landscape quality
and vulnerability of much of the countryside to development pressures.
Of particular note, the protection of Areas of Outstanding Natural
Beauty from major development is now equivalent to that afforded to
National Parks. Housing in the countryside is generally resisted,
although there are special needs which may be met in relation to agriculture,
forestry or affordable housing, as well as the extension or replacement
of existing dwellings. |
| 6.9 |
In the light of Government guidance, Structure
Plan policies and the Council's objectives for economic development,
the Plan's objectives for development in the countryside are: |
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(1) |
to balance the needs of the rural economy
with the protection of the District's landscape and wildlife; |
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(2) |
to assist the rural economy by providing
for appropriate alternative uses of land and buildings; |
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(3) |
to protect the best and most versatile
agricultural land; |
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(4) |
to encourage quiet informal recreational
enjoyment of the countryside, and to provide a policy framework for
organised recreation; |
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(5) |
to resist housing development unless it
meets particular needs and requires a countryside location; |
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(6) |
to support national and local initiatives
for sensitive countryside management, particularly in areas vulnerable
to change and in relation to agricultural practices. |
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Agricultural Land and
Development |
| 6.10 |
Measures being taken to reduce overall
production are likely to continue to have a major influence on the
agricultural economy and hence, on the significant number of jobs
(2,700) in farming in the District. Locally, the generally poor soil
and land drainage conditions make farms vulnerable to changes in agricultural
support policies which may be exacerbated by the small size of many
farms. This threatens not only the viability of farming but, moreover,
the integrity and attractiveness of the countryside itself. |
| 6.11 |
In order to retain and enhance Wealden's
highly valued landscape character, it is particularly important to
maintain a viable agricultural economy and to encourage greater integration
of environmental objectives with agricultural support policies. This
may be promoted in several ways including appropriate protection of
agricultural land, resisting the damaging effects of severance and
fragmentation of holdings, accommodating new agricultural practices
and looking at sensitive alternative uses for rural land and buildings. |
| 6.12 |
The Council will encourage the retention
and enhancement of traditional agricultural landscapes and related
features such as hedgerows, trees and woodland, ponds and ditches,
principally through its support for appropriate environmental schemes. |
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Agricultural Land |
| 6.13 |
Farming activity varies across the District
according to differing soils, topography, drainage and tradition.
It is Government policy that where the development of agricultural
land is unavoidable, areas of poorer quality land should be used in
preference to that of higher quality land (the latter defined as land
in Grades 1, 2 and 3a of the Agricultural Land Classification) except
where environmental considerations suggest otherwise. The decision
whether to utilise the best and most versatile land for development
is a matter for each local planning authority in the light of local
conditions. Within the Wealden context Grade 3a agricultural land
is important as there is virtually no Grade 1 or 2 land. |
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| Policy DC1 |
| Development on land
classified as Grade 1, 2 or 3a under the Agricultural Land Classification
will not be permitted unless there is an overriding need for
the development, and either insufficient land is available in
lower grades, or available lower grade land has an environmental,
amenity or heritage value which outweighs the agricultural considerations. |
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Agricultural Dwellings |
| 6.14 |
There is continuing pressure for new dwellings
to meet the essential needs of enterprises that require a countryside
location. Notwithstanding the generally poor prospects for the agricultural
economy as a whole and the existing stock of agricultural workers
dwellings, there continues to be some pressure for new agricultural
dwellings. While countryside policies generally presume against new
housing outside development boundaries, agricultural dwellings will
be permitted where strict criteria are met as set out in Policy DC2
below. There are also pressures for dwellings to serve other enterprises
which need to be located in the countryside, and similar considerations
as set out in the text below and in Policy DC2 will apply to such
proposals in the same way that they apply to agricultural dwellings. |
| 6.15 |
Detailed scrutiny of residential proposals
seeking an agricultural justification is necessary to avoid abuse
and an unwarranted proliferation of development in the countryside.
In cases where the local planning authority is particularly concerned
about possible abuse, it may be helpful to investigate the history
of the holding to establish the recent pattern of use of land and
buildings and whether, for example, any dwellings or buildings suitable
for conversion to dwellings have recently been sold separately from
the farmland concerned. Such a sale would constitute evidence of lack
of agricultural need. |
| 6.16 |
Policy DC2 closely accords with Government
advice in PPS7 in which Annex A recommends "functional" and "financial"
tests to ensure that proposals are genuine, that they are reasonably
likely to materialise and are capable of being sustained for a reasonable
period of time such as to justify the scale of the residential proposal. |
| 6.17 |
A functional test will be necessary to
demonstrate that it is essential for one or more full time workers
to be readily available to meet the established needs of the enterprise
at most times, day and night, such as to provide for the proper supervision
of agricultural processes or livestock. It will not be sufficient
that it is merely convenient or desirable to live on the holding.
Security is not itself a sufficient justification. |
| 6.18 |
In relation to demonstrating genuine need,
it will also be necessary to apply a financial test to assess whether
a farming enterprise is economically viable and planned on a sound
financial basis. To this end, the enterprise should have been established
for at least three years and has shown a profit for at least one of
these years. The enterprise should be financially sound and clearly
demonstrate that it is likely to remain so. The Council will draw
upon independent professional advice when considering these proposals. |
| 6.19 |
Where a genuine need is accepted, consideration
should be given to the siting, size, form and access arrangements
for a proposed dwelling such that it blends with the landscape setting
and is also able to serve the functional requirement of the holding.
A proposed dwelling should be the minimum required for the holding
and should wherever possible be well integrated within an existing
group of buildings. PPS7 advises that size should be commensurate
with the established functional requirement of the holding. While
each case will be considered accordingly, an individual dwelling,
including any subsequent extensions, would be expected to be no more
than an average sized family house. Unduly large dwellings, including
extensions, would be inappropriate in a rural setting. Also, it should
be apparent that the long term availability for farm workers would
not be unduly restricted by the future value of a property, and so
the size of dwelling and any subsequent extensions should be relative
to the income the holding can sustain in the long term. |
| 6.20 |
If a new dwelling is essential to support
a new farming or other rural activity, whether on an established or
newly-created unit, but the financial test is not met, the accommodation
should be of a temporary form, such as a caravan or mobile home for
the first three years, after which the justification or otherwise
for a permanent dwelling should normally be determinable and the temporary
dwelling removed. |
| 6.21 |
It follows from the special treatment
of dwellings essential for the needs of a rural enterprise that they
should be kept available for such purposes. Hence, a condition restricting
its use and, where appropriate, that of other dwellings on the holding
will be appropriate. Occupancy conditions will enable a dwelling to
be available for other rural enterprises even if the original enterprise
no longer seeks to retain it. They will only be lifted where it can
be demonstrated that there is unlikely to be a need for the accommodation
for such purposes in the area within a reasonable period of time. |
| 6.22 |
In appropriate circumstances, a planning
obligation will be sought to tie the dwelling to the adjacent buildings
or to the land forming the holding. Exceptionally, not all of the
land forming the holding need be the subject of a planning obligation,
provided sufficient is included to justify the dwelling. |
| 6.23 |
Agricultural land within Wealden is generally
of poor quality and divided into small land holdings. There has been
a history of fragmentation of properties, where land has been sold
away from the original farmhouses. Fragmentation can have an adverse
impact upon the valued character of the Wealden countryside, through
the intensification of activities on the land, the erection of scattered
buildings and the need for fencing to enclose the smaller parcels
of land. The use of planning obligations in appropriate circumstances
assists in preventing the harmful effects of continuing fragmentation.
It is recognised that such planning obligations can place an additional
constraint on the operation of rural businesses, such as the ability
to raise loans and the time involved in completing the planning obligations.
However, their use in appropriate circumstances is considered to be
justified and accords with Government advice. |
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| Policy DC2 |
| Outside the development
boundaries, as defined on the Proposals Map, new permanent dwellings
will be permitted for those employed in agriculture or forestry,
or exceptionally in another enterprise where a countryside location
is necessary, where it can be demonstrated to the satisfaction
of the Council that the following criteria are met: |
| (1) |
there is a clearly
established existing functional need; |
| (2) |
no other suitable
accommodation is available on the unit or elsewhere in the location; |
| (3) |
the enterprise has
been established for at least three years, has been profitable
for at least one of them, is currently financially sound and
has a clear prospect of remaining so; |
| (4) |
the dwelling, and
any subsequent extension, is of a size commensurate with the
established functional requirement. Dwellings and any subsequent
extensions which are unusually large in relation to the needs
of the unit or unusually expensive to construct in relation
to the income it can sustain in the long term will not be permitted; |
| (5) |
the dwelling is suitably
located to meet the identified functional need of the enterprise,
integrates well with existing buildings wherever possible, is
not intrusive in the landscape, and its general design is appropriate
to the character of the area. |
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requirement is proven but Criterion 3 is not met, a temporary
permission will be granted for a caravan or mobile home, where
it can be demonstrated to the satisfaction of the Council that
the following criteria are met:- |
| (i) |
Criteria (2) and
(5) above; |
| (ii) |
there is clear evidence
of a firm intention and ability to develop the enterprise concerned; |
| (iii) |
there is clear evidence
that the proposed enterprise has been planned on a sound financial
basis. |
| The temporary caravan or mobile
home should be removed at the end of the permitted period. Permission
for a permanent dwelling will only be given when criteria (1)
to (5) are met. |
| Occupancy conditions will be imposed
on dwellings permitted in accordance with this policy and, where
appropriate, on other dwellings within the holding. The removal
of occupancy conditions will be resisted unless it is demonstrated
to the satisfaction of the Council that there is unlikely to
be any need for such dwellings in the area in the foreseeable
future. |
| In appropriate circumstances, the
Council will seek a planning obligation to tie a permanent dwelling
to adjacent buildings or to the land forming the holding. |
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Agricultural Buildings
and Other Farm Development |
| 6.24 |
There will be a continuing need for a
range of farm buildings and structures in response to changing agricultural
practices, restructuring of farm holdings and the need to replace
older buildings that are no longer suitable for efficient modern farm
usage. |
| 6.25 |
Legislation requires farmers to notify
the Council of virtually all developments, including the construction
of new farm buildings, significant extensions and alterations, farm
roads, and certain excavations and waste depositing. Where a proposed
development is likely to have a significant impact on its surroundings,
the formal submission of details would be expected. On smaller holdings
(less than 5 hectares), all buildings require planning permission
and approval is also required for all poultry buildings in much of
the District by virtue of an Article 4 Direction. |
| 6.26 |
The siting, design and external appearance
of buildings are the main considerations, taking account of the impact
on the landscape and on important historic, archaeological and nature
conservation interests, as well as on the relationship with their
surroundings, including rural and residential amenities. Account may
also be taken of the operational requirements of the farm, particularly
in considering appropriate siting. The design of agricultural buildings
is a particular concern, especially in areas of high landscape value,
and it is appropriate that sympathetic external treatments are ensured.
In particular, the scale and materials of large, modern portal frame
buildings can be inharmonious with a sensitive landscape setting.
Development within the Areas of Outstanding Natural Beauty is likely
to be sensitive in landscape terms and will warrant a high standard
of appearance. |
| 6.27 |
All farm buildings should be designed
for modern, functional agricultural purposes, and be reasonably necessary
for the purpose of agriculture on the holding. Criterion (4) of Policy
DC3 gives guidance on the provision of buildings for storage, packing
or processing of produce. It applies essentially to activities that
could be regarded as freestanding, in particular to proposals for
larger scale uses, and those which are for the shared use of a number
of holdings. In these circumstances it will first be necessary to
demonstrate that the use could not be carried out within the business
areas. However, it is not intended that this test should apply to
small scale developments ancillary to the agricultural activities
of a farm. In fact, the Council is supportive of initiatives to promote
local produce in order to sustain and diversify the rural economy. |
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| Policy DC3 |
| Proposals for new
farm buildings, extensions and alterations, and other ancillary
development will be permitted subject to the following criteria: |
| (1) |
buildings are reasonably
necessary for the purposes of the agricultural holding and are
clearly designed for such use; |
| (2) |
development is integrated
with existing structures, as far as practicable; |
| (3) |
the siting, design
and external appearance of buildings and other structures is
not intrusive within the landscape and does not detract from
local amenities or interests of recognised historic, archaeological
or nature conservation interest; |
| (4) |
where buildings for
storage, packing or processing are for the use of one holding
or shared use of a number of holdings, it will first be necessary
to demonstrate that the use could not be carried out within
a business area. |
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| Policy DC4 |
| Proposals for agricultural
or forestry buildings, structures or operations within the scope
of notification procedures will be considered having regard
to the siting and design criteria at Policy DC3. The Council
will require the formal submission of details for approval where
such buildings, structures or operations are likely to have
a significant impact on their surroundings. |
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Agricultural Diversification |
| 6.28 |
The switch in Government policy away from
measures to support agricultural production towards a more integrated
approach to rural development puts emphasis on the need for appropriate
rural economic diversification and other land management initiatives.
At the national level, the England Rural Development Programme sets
out a framework for action. |
| 6.29 |
At a local level, the High Weald Land
Management Initiative has been set up to promote integrated rural
development by helping groups of farmers and other rural businesses
diversify their activities, obtain new skills and add value to existing
products, and to assist local communities. Initiatives include skills
development, integrated farm appraisals, joint product marketing,
business advice, green tourism and woodland management. The aim is
to ensure long term sustainable rural land management which can be
maintained beyond the end of the programme in 2006. |
| 6.30 |
As part of the move towards wider land
management initiatives in general, it is important to allow for appropriate
agricultural diversification which recognises the continuing stewardship
of the countryside by the farming community and the need to find appropriate
alternative uses for both agricultural land and buildings, particularly
for employment purposes. |
| 6.31 |
The nature and extent of diversification
should respect the landscape qualities of the countryside and accord
with the protection of its distinct character and appearance. It should
also take account of the Plan's sustainability strategy which seeks
both to relate development to existing centres of population and to
reduce reliance on the car for journeys to work. General infrastructure
difficulties in servicing dispersed development should also be recognised.
Certain types of development, such as those which generate high volumes
of traffic or which would generate significant additional movements
of heavy goods vehicles, particularly on unsuitable roads, may be
inappropriate. |
| 6.32 |
Diversification proposals should also
support the retention of viable farm holdings and discourage the inappropriate
fragmentation of land. This can be particularly damaging within areas
which retain a very traditional pattern of land uses. Planning obligations
or the removal of permitted development rights may be sought where
there is a particular concern in this respect. |
| 6.33 |
The Council encourages the preparation
of farm management plans to indicate clearly the implications of diversification
proposals on the continued operation of the whole farm and assist
in weighing the environmental and economic issues, particularly where
these are finely balanced. These are informal and complementary to
a planning application. The plan may cover matters such as the implications
for other land and buildings, possible demolition of unsightly buildings,
landscape management, habitat improvement, public access, etc, as
appropriate. |
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| Policy DC5 |
| Proposals for the
alternative use of agricultural and other land and buildings
will be permitted where they provide for the appropriate diversification
of the rural economy and do not adversely affect the character
or appearance of the countryside or conflict with other policies
of the Plan. |
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| 6.34 |
This policy will be applied in conjunction
with those relating to the alternative uses of land and buildings
for which specific consideration is given in the following sections. |
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Conversion of Farm or
Other Rural Buildings |
| 6.35 |
The conversion of existing buildings in
the countryside for small business and tourism uses can assist rural
economic diversification and can be consistent with the objective
of protecting the countryside from inappropriate and intrusive development.
Within the Wealden countryside, employment creation and economic diversification
are important objectives and therefore, in accordance with Government
guidance and Structure Plan policy, priority will be given to business,
tourism and also recreational uses over conversion to residential
uses. This is particularly important as there is demand for such accommodation,
opportunities are limited within villages and conversions can help
reduce pressure for new development within the countryside. Residential
use will only be acceptable in certain circumstances as an exception
to the normal restrictive policies for housing development in the
countryside. This is considered at paragraph 6.44. |
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| Policy DC6 |
| In considering proposals
for the conversion of agricultural or other rural buildings
in the countryside (outside the development boundaries as defined
on the Proposals Map), the Council will give priority to business,
tourism and recreational uses over residential uses. |
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| 6.36 |
It should be recognised that not all buildings
in the countryside are suitable for conversion or adaptation to new
uses. Some existing rural buildings are often badly designed and sited
or poorly constructed, having been erected before planning controls
existed or by using agricultural permitted development rights. If
converted to an alternative use, such buildings would be permanently
retained as intrusive features in the landscape, in obvious conflict
with policies seeking to conserve and enhance the rural environment.
There are also many minor sheds and shelters in the countryside which,
due to their lightweight construction, do not readily lend themselves
to conversion and, once redundant, are best demolished. |
| 6.37 |
Where existing farm buildings are converted
to alternative uses, additional agricultural buildings may subsequently
be constructed under permitted development rights. This could result
in a gradual increase in sporadic development within the countryside
to the detriment of the landscape. In such cases, the Council will
seek to control the replacement of old farm buildings by new ones
by attaching to the planning permission a condition withdrawing permitted
development rights for new agricultural buildings in respect of the
particular agricultural unit or holding. |
| 6.38 |
Where buildings have been constructed
under permitted development rights, but are not apparently to be used
for agricultural purposes, the Council will investigate the history
of the building, consider the owner or applicant's intention for the
building and, where appropriate, will consider whether it is expedient
to take enforcement action. |
| 6.39 |
Planning consent will normally only be
granted where modifications can be carried out without materially
altering the character and appearance of the building. This may need
to be demonstrated through the submission of a structural survey.
All proposals for the conversion of farm buildings should be capable
of complying with Building Regulations. In the case of the conversion
of listed rural buildings, policies BE6 - BE8 should also be complied
with. |
| 6.40 |
In order to protect the character of the
building and its setting, permission will not normally be granted
for the extension of existing buildings or for their replacement by
the erection of new buildings. Where appropriate, the right to make
further extensions under the General Permitted Development Order 1995
without planning permission will be removed by condition and/or legal
agreement, and the planning permission would be subject to conditions
restricting outside development and activities such as sheds, fencing,
storage and other operations. Planning permission will only be granted
for the change of use of any associated land if the Council is satisfied
that this can be done without detriment to the character and appearance
of the surrounding area. |
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Conversion for Non-Residential
Uses |
| 6.41 |
Favourable consideration will be given
to proposals for business, tourism and recreational uses within existing
farm buildings in the countryside if the buildings are proved to be
of sound construction, not intrusive, and in keeping with their surroundings,
and if there would be no significant harmful environmental effects
as a result of the development. Within the designated Areas of Outstanding
Natural Beauty, particular attention will be given to ensuring that
proposals conserve or enhance their natural beauty in accordance with
policies NE5 and NE8 of the Plan. |
| 6.42 |
Where conversion to business use is proposed,
the impact of any associated storage or parking requirements on the
character and appearance of the immediate locality and the surrounding
countryside will be taken into account. All applications will be expected
to incorporate clearly defined limits of development, together with
an indication of the use of all open areas. |
| 6.43 |
Whilst the policies for rural business
conversions raise issues regarding the need to travel, the Council
recognises the need to assist the rural economy and to reduce long
distance out-commuting. Nonetheless, proposals for conversion for
new uses which could generate a significant number of jobs should
be well related to towns or villages. The Council would also encourage
proposals to be part of a farm diversification scheme with a management
plan and bring an overall environmental improvement to the locality.
In some instances where a farm building conversion is proposed, it
may also be appropriate to tie it to the land so as to discourage
subsequent fragmentation where this would be likely to result in an
erosion of landscape character. |
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| Policy DC7 |
| Proposals for non-residential
development (including workshops, offices, tourist accommodation
and recreational use) through the conversion of agricultural
or other rural buildings in the countryside (outside the development
boundaries as defined on the Proposals Map) will be permitted
where the building's form, bulk and general design are in keeping
with its surroundings. In addition, all proposals should meet
the following criteria: |
| (1) |
the building is of
sound construction and capable of conversion without significant
rebuilding, or extension. The Council may require this to be
demonstrated through the submission of a structural survey; |
| (2) |
any proposed alterations
to the building (e.g. fenestration, doors, internal subdivision),
its associated operational area (e.g. parking, access, storage,
provision of services, amenity space and outbuildings) would
not harm its appearance as a rural building or adversely affect
the rural setting of the building in the locality; |
| (3) |
the nature and intensity
of the proposed use would be compatible with its rural location; |
| (4) |
the proposed use
would not adversely affect the residential amenities of the
neighbourhood, particularly by reason of noise, disturbance
and fumes; |
| (5) |
the proposed use would
not create an unacceptable impact on the local road network
and there is a satisfactory means of vehicular access and parking
arrangements; |
| (6) |
proposals which would
be likely to create a significant number of jobs should be well
located in relation to towns and villages or be readily accessible
by public transport. |
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Conversion to Residential
Use |
| 6.44 |
Consent for the conversion of existing
rural buildings to residential use may be granted as an exception
to normal restrictive policies controlling new housing development
in the countryside, provided that such buildings are in keeping with
their surrounding. However, this exception to normal restraint policies
will only be made where it can be demonstrated that every reasonable
attempt has been made to secure suitable business re-use or where
a residential conversion is a subordinate part of a scheme for business
re-use in accordance with Government guidance in PPS7 and Policy DC6. |
| 6.45 |
In all cases, it will be necessary for
the applicant to demonstrate that the proposal is achievable without
damaging or substantially altering the existing character and appearance
of the building or harming its countryside setting. The building itself
should be of sound construction and capable of conversion without
significant rebuilding, modification or extension. An important consideration
will be whether the creation of a residential curtilage and associated
paraphernalia (tended gardens, fences, clothes dryers etc) would have
a harmful effect on the character of the surrounding countryside. |
| 6.46 |
Where residential conversion is part of
a scheme for the re-use of a building or complex of buildings for
employment purposes, a condition will be imposed requiring the works
necessary for the establishment of the enterprise to have been completed
before the dwelling is occupied. In appropriate cases, the Council
will seek to tie occupation of the dwelling to the operation of the
business re-use, by means of a condition or a planning obligation,
in order to prevent it being sold separately. |
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| Policy DC8 |
| Proposals for the
conversion of agricultural or other rural buildings in the countryside
(outside the development boundaries as defined on the Proposals
Map) to residential use will not be permitted unless either:- |
| (a) |
the applicant has
made every reasonable attempt to secure suitable business re-use,
and the application is supported by a statement of the efforts
which have been made; or |
| (b) |
residential conversion
is a subordinate part of a scheme for business re-use. |
| In all cases, proposals
should meet the following criteria:- |
| (1) |
the building's form,
bulk and general design are in keeping with its surroundings; |
| (2) |
the building is of
sound construction and capable of conversion without significant
rebuilding, modification or extension. The Council will normally
require this to be demonstrated through the submission of a
structural survey; |
| (3) |
any proposed alterations
to the building (e.g fenestration, doors, internal subdivision)
would not harm its architectural integrity nor materially change
its appearance as a rural building; |
| (4) |
the proposed use
and its associated activities, including garaging and the provision
of services and access, and the formation of a domestic curtilage,
would not detract from the rural setting of the building. The
curtilage should not be intrusive in the landscape. Where appropriate,
conditions will be imposed to remove permitted development rights
to extend or alter the building and erect other ancillary buildings,
fencing etc; |
| (5) |
the proposal would
not create an unacceptable impact on the local road network
and there is a satisfactory means of vehicular access and parking
arrangements. |
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Countryside Recreation |
| 6.47 |
For all recreational development in the
countryside, careful regard needs to be given to the likely impact
on the environment, its landscape and rural and residential amenities.
This will relate to both the physical and visual change involved,
including traffic generation. Special protection will be given to
the Sussex Downs and the Ashdown Forest by only allowing recreational
development in association with the quiet enjoyment of the countryside.
This approach accords with Policy EN4 of the County Structure Plan
and recognises the particular vulnerability of these areas to visitor
pressure, arising from their open and remote landscape characters. |
|
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| |
| Policy DC9 |
| Within the Sussex
Downs Area of Outstanding Natural Beauty and the Ashdown Forest
(as defined on the Proposals Map) only recreational development
which is in association with the quiet enjoyment of the area
and conserves and enhances its landscape character will be permitted. |
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| 6.48 |
In view of their demand for countryside
locations, specific consideration is given to golf courses, equestrian
developments, motor and gun sports, clay pigeon shooting and air sports
below. Temporary uses of land often involve recreational pursuits
as well as other activities such as 'boot fairs'. Whilst these can
cause substantial nuisance to local residents, significantly detract
from rural visual amenities or disturb important wildlife habitats,
they are normally exempt from planning control. |
| |
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Golf |
| 6.49 |
Whilst golf courses can be an appropriate
land use in the countryside, assisting rural economic diversification,
they can also have detrimental effects on the structure and pattern
of the countryside, its landscape, historic and nature conservation
value and, indeed, overall rural character. A golf course can be an
alien feature in the countryside since it can present a manicured
appearance which is not characteristically rural. Disturbance can
also be caused to local residents, farm holdings as well as through
intrusive effects of people, activity and traffic, including traffic
generation on unsuitable roads. |
| 6.50 |
In all cases, the course siting, form,
layout, groundworks, management regimes, clubhouses, other buildings
and structures, parking areas and access arrangements will need careful
attention to minimise the impact on the overall character of the site
and its setting, its topography, site features and public views. Wherever
possible, existing buildings should be used for clubhouse and ancillary
purposes, but where new development becomes necessary, the scale,
massing, siting and design of all buildings should blend in with the
landscape and local building character. Residential buildings must
clearly be essential in accordance with Policy DC15. |
| 6.51 |
Applications should be in sufficient detail
to enable proper assessment. They should indicate the total extent
of development envisaged, as approval does not imply that any future
proposals would necessarily be favourably considered. The most appropriate
locations for golf courses are generally accepted as being in urban
fringes, especially where the landscape is degraded in some way or
otherwise of poor quality. |
| 6.52 |
In addition to Policy DC10, regard will
be had to 'Planning Guidance for Golf Course Development' published
by East Sussex County Council and adopted by the District Council. |
|
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| |
| Policy DC10 |
| Within the countryside
(outside the development boundaries as defined on the Proposals
Map), proposals for golf courses and related development will
be permitted where they have no adverse effect on the character
and appearance of the area. In addition, they should:- |
| (1) |
be compatible with
the protection of landscape, nature conservation, woodland,
archaeology and the best and most versatile agricultural land; |
| (2) |
be readily accessible
to urban areas; |
| (3) |
wherever possible
use existing buildings; |
| (4) |
where new buildings
and other structures, including extensions, are essential their
form, bulk and design should be in keeping with the landscape
and local building character, and sited to minimise their impact
on the countryside; |
| (5) |
not adversely affect
the amenity and safety of residents in the locality; |
| (6) |
provide for the maintenance
and where, appropriate, enhancement of public access in the
layout and design. |
| Proposals should be
presented in sufficient detail, including topographical and
landscape changes, to enable proper assessment. |
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Driving Ranges |
| 6.53 |
Driving ranges represent a distinct form
of golf-related development. They are often independent of golf courses,
are more intensive in their level of usage and urban in character,
involving specifically designed range of 'bays' for players, an extensive
well fenced 'hit area', associated car parking and, normally, floodlighting. |
| 6.54 |
An intrusive impact on the character and
appearance of the countryside needs to be avoided, particularly in
areas of high landscape quality and unspoilt character. There may
also be considerable effects, through outlook, noise and disturbance,
on residential amenities, as well as on traffic conditions and public
safety. The impact of illumination, which is uncharacteristic in countryside
areas, may also be substantial and thereby unacceptable. The overall
intensity of activity, especially lighting, would mean that the locational
criteria for general golf development would be rigorously applied.
The most appropriate locations for golf driving ranges are generally
accepted as being in urban fringes. |
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| Policy DC11 |
| Proposals for golf
driving ranges will only be permitted when it can be demonstrated
that there will be no significant adverse effect on the character
or appearance of the countryside, residential amenities, traffic
conditions or public safety, having regard to: |
| (1) |
the size and number
of bays and the impact of the bulk and design of buildings and
enclosure fencing; |
| (2) |
the impact and suitability
of floodlighting, including reflected light; |
| (3) |
the degree of physical
change and visibility. |
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Equestrian Development
|
| 6.55 |
Equestrian activities are an increasingly
popular form of leisure pastime and also make a recognised contribution
to the rural economy, attracting a significant number of planning
applications for related developments of both domestic and commercial
nature. Commercial equestrian centres, riding schools and livery stables
are now widespread, although the majority of proposals for equestrian
development relate to the provision of private stables. Government
policy encourages small scale equestrian enterprises to assist with
agricultural diversification. In some circumstances, the erection
of stables or loose boxes within the curtilage of a dwellinghouse
for the domestic needs or enjoyment of the occupants of the dwelling
may not require planning permission. |
| 6.56 |
Whilst the grazing of horses can be an
appropriate alternative use of agricultural land, the random proliferation
of horse-related activities and associated buildings within rural
areas may be detrimental to the character and appearance of the countryside.
The subdivision of farm holdings and formation of numerous paddocks
with individual stables or field shelters can create a fragmented
landscape and a pattern of enclosures out of keeping with the locality.
The degree of visual intrusion created by horse-related development
is likely to be more significant in areas of special landscape quality
and other areas of an open character. |
| 6.57 |
All equestrian development, whether domestic
or commercial, should be of an appropriate scale and design and careful
attention should be given to siting and landscaping details to avoid
an adverse impact on the countryside. Exposed or prominent locations
should be avoided. Traditional style and materials should be used.
Particular care is needed where floodlighting is proposed in order
to avoid an unacceptable impact on the countryside and local amenities.
In appropriate circumstances where the structures proposed are of
a temporary nature, time limitations may be imposed. Adequate pasture
may be necessary depending on the feeding and grazing regime (for
example the British Horse Society recommends between 0.4 and 0.6 hectares
per horse). The cumulative impact of proposals can be very marked
and will be taken account of. |
| 6.58 |
Isolated development, being away from
existing buildings, would represent inappropriate scattered development
in the countryside. New development should be well related to the
dwellinghouse in the case of small scale domestic stables or to existing,
normally farm, complexes in respect of larger scale domestic and commercial
facilities. |
| 6.59 |
Commercial equestrian facilities should
be well related to existing public bridleways in order to minimise
the need to exercise horses on the highway. Regard will be had to
increased levels of erosion of both bridleways and the wider countryside
arising from over-intensification of use. Particular concerns over
the level of usage of Ashdown Forest are partly addressed by the special
controls of the Board of Conservators. Potential traffic generation,
effects on the amenities of local residents and other normal planning
considerations will be assessed in relation to other policies in this
Plan. |
|
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| Policy DC12 |
| Proposals for equestrian
development outside development boundaries, whether domestic
or commercial, will be permitted when the following criteria
are met: |
| (1) |
appropriate siting,
scale and design, including materials and landscaping, in keeping
with the locality, with adequate pasture to support the horses
where necessary. Particular regard will be had to the cumulative
effect of proposals; |
| (2) |
proposals should
not be sited in prominent or isolated locations away from existing
buildings; |
| (3) |
sand rings and manèges,
and commercial riding schools, livery stables and other commercial
facilities should be satisfactorily integrated with existing
buildings; |
| (4) |
commercial riding
schools, livery stables and other commercial facilities should
have access to the public bridleway network without the use
of unsuitable roads; |
| (5) |
the impact of floodlighting,
changes in levels or other ancillary operations on the surrounding
countryside and local amenities is acceptable; with particular
regard to safeguarding the privacy and amenities of nearby residential
properties. |
| (6) |
the proposal does
not create an unacceptable impact on the local road network. |
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Motor and Gun Sports |
| 6.60 |
Whilst outdoor recreation is generally
viewed as an activity which is appropriate to a rural location, some
recreational pursuits, such as motor sports, clay pigeon shooting
and combat gaming, can radically affect the character of the countryside.
By their very nature, such activities generate noise and disturbance,
and consequently often cause concern in terms of their potential impact
upon the natural environment or other people's enjoyment of the countryside. |
| 6.60 |
Whilst outdoor recreation is generally
viewed as an activity which is appropriate to a rural location, some
recreational pursuits, such as motor sports, clay pigeon shooting
and combat gaming, can radically affect the character of the countryside.
By their very nature, such activities generate noise and disturbance,
and consequently often cause concern in terms of their potential impact
upon the natural environment or other people's enjoyment of the countryside. |
| 6.61 |
Participation in motor and gun sports,
as well as newer forms of leisure which require a countryside setting,
has increased significantly, partly in association with the diversification
of farming activities. This frequently occurs on an occasional basis
without requiring express planning permission. However, where such
activities are proposed on a permanent basis, planning controls can
be used to ensure that issues such as noise, disturbance, access,
etc, are adequately taken into account and, where appropriate, controlled
by conditions. |
| 6.62 |
In the consideration of proposals for
motor and gun sports, it is important to ensure that a balance is
struck between the needs of such pursuits and the conservation and
amenity aims of the Plan. The criteria in Policy DC13 aim to ensure
that the impacts in terms of noise nuisance, nature conservation,
visual intrusion, etc. are acceptable. In respect of noise nuisance,
it should be recognised that noise levels considered to be unacceptable
in planning terms may not necessarily constitute a statutory nuisance
under Environmental Health legislation. |
| 6.63 |
Planning permission will not be granted
for such activities within or adjacent to the Sussex Downs AONB, the
Ashdown Forest or the Pevensey Levels, which are essentially open
and remote, and as such their landscapes and character are particularly
susceptible to noisy or intrusive activities. Planning permission
is also unlikely to be granted for such activities in other sensitive
areas (e.g. ancient woodland, national and local nature reserves,
sites of nature conservation interest, sites and monuments of archaeological
importance etc). |
|
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| Policy DC13 |
| Proposals for motor
or gun sports, including combat games, will not be permitted
within or adjacent to the Sussex Downs Area of Outstanding Natural
Beauty, the Pevensey Levels Site of Special Scientific Interest,
or the Ashdown Forest (as defined on the Proposals Map). Elsewhere,
such proposals will be permitted outside the development boundaries,
as defined on the Proposals Map, provided that the following
criteria are met and can be controlled by condition: |
| (1) |
the proposal will
not generate an unacceptable level of noise and activity in
the locality; |
| (2) |
the proposal will
not be visually intrusive in the landscape and will be well
screened by existing vegetation; |
| (3) |
the proposal, including
the disposal of excavated material within the site, will not
adversely affect areas which are of ecological, historical or
geological importance; landform features, or ancient woodland.
Where appropriate, a woodland management plan should be submitted,
approved and implemented within an agreed timescale; |
| (4) |
the proposed activity
will take place within a clearly defined area with an appropriate
buffer zone to the boundaries of the site and any public rights
of way; |
| (5) |
any buildings or structures
must be sited to minimise their impact on the countryside and
must be removed from the site on cessation of the recreational
use and the land restored to an acceptable condition. |
| In all cases, conditions
will be attached to any permission controlling the hours and
frequency of use, the type and nature of the activity, and fencing
of boundaries. Normally, the Council will only be prepared initially
to grant temporary planning permission so that the environmental
impact can be fully assessed. |
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Angling |
| 6.64 |
The popularity of angling, together with
pressures to reduce the amount of land in agricultural production,
have led to an increase in proposals to create or improve ponds and
lakes for private and commercial fishing. Commercial fisheries can
be an appropriate land use in the countryside, often assisting with
rural economic diversification whilst securing environmental and amenity
gains in terms of landscape, wildlife habitat and public access enhancement.
However, such proposals may not always be compatible with the conservation
of the character and appearance of the countryside. Significant physical
changes to the landscape or topography can result through the construction
of dams or embankments, or spreading of excavated material, and damage
to nature conservation interests can occur by the loss of existing
wildlife or damage to aquatic or bankside vegetation. The Council
will normally require such proposals to be accompanied by a landscape
management scheme, which provides for the retention and enhancement
of existing features of nature conservation importance and Sites of
Special Scientific Interest. |
| 6.65 |
Parking and access arrangements, together
with any new buildings or lighting, will also need careful attention
in terms of the impact of the proposal on the overall character of
the site and its setting. Applications should provide sufficient detail
to enable a proper assessment of all the above considerations. Proposals
should not have a detrimental impact on the quality or quantity of
flow in the downstream watercourse. The Environment Agency, whose
consent is required for proposals to impound or abstract water, advises
that the creation of on-line ponds or lakes upstream of the Pevensey
Levels SSSI is likely to damage its special interest and should not
normally be permitted. |
|
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| Policy DC14 |
| The creation or improvement
of ponds or lakes for private or commercial fishing outside
the development boundaries, as defined on the Proposals Map,
will be permitted where the following criteria are met:- |
| (1) |
the proposal will
not be visually intrusive in the landscape through the construction
of embankments or other earthworks; |
| (2) |
the proposal, including
the disposal of any excavated material within the site, will
not adversely affect areas which are of ecological, historical
or geological importance; landform features; or ancient woodland.
Where appropriate, a landscape management plan should be submitted
and approved by the Council, and implemented within a programme
agreed by the Council; |
| (3) |
the size and scale
of the proposal would be compatible in terms of the nature and
intensity of use with its rural location; |
| (4) |
the proposal will
not adversely affect the residential amenities of the neighbourhood
by reason of noise or disturbance; |
| (5) |
any buildings or
structures will be sited to minimise their impact on the countryside
and should be removed from the site following cessation of the
activity and the land restored to an acceptable condition; |
| (6) |
the maintenance and
enhancement of public access, where appropriate; |
| (7) |
there will be no
detriment to the quality or quantity of flow in the downstream
watercourse; |
| (8) |
the proposal is not
created on-line of a watercourse upstream of the Pevensey Levels
Site of Special Scientific Interest. |
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Residential Development |
| 6.66 |
The defined settlement development boundaries,
which include new housing allocations, provide for the housing requirements
of the District over the Plan period in line with Structure plan policies.
Outside of the development boundaries, residential development is
generally resisted in accordance with Policy GD2 which appropriately
reflects Government guidance in PPS7 and Structure Plan policies.
In such areas, housing development will not be permitted unless it
is:- |
| |
(1) |
essential for the purpose of agriculture
or forestry or other rural enterprise for which a rural location is
essential, in accordance with Policy DC2; |
| |
(2) |
an acceptable scheme for affordable housing
in accordance with HG5; |
| |
(3) |
the conversion of an existing agricultural
or other rural building, in accordance with Policy DC8; |
| |
(4) |
a replacement dwelling of an appropriate
size, in accordance with Policy DC16; |
| |
(5) |
an extension or alteration of an appropriate
scale, in accordance with Policy DC17; |
| |
(6) |
the conversion or subdivision of an existing
property, in accordance with Policy DC18; |
| |
(7) |
accommodation to meet the acknowledged
needs of gypsies or travelling showpeople, in accordance with DC20. |
| 6.67 |
The prior existence of sporadic and scattered
housing within the countryside is recognised, but it is considered
that any intensification or addition to this would be contrary to
the Plan's overall development strategy and principles of sustainable
development as well as being detrimental to the character and appearance
of the countryside, notwithstanding the advice in PPS7 regarding the
development of 'country houses'. |
| 6.68 |
Whilst there is a presumption in PPG3
that previously developed sites should be developed before greenfield
sites, the Government guidance emphasises that the focus of additional
housing should be on existing urban areas with urban extensions likely
to prove the next most sustainable option after building on appropriate
sites within urban areas. The housing land requirements in this Plan
are met through sites within towns and villages and through urban
extensions to these settlements. |
|
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| Policy DC15 |
| Housing development
will not be allowed outside development boundaries, as defined
on the Proposals Map, unless it conforms with other policies
in the Plan. |
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Replacement Dwellings |
| 6.69 |
Notwithstanding the general policy of
restraint in relation to housing in the countryside, the suitable
replacement of existing dwellings, normally on a one for one basis,
is considered reasonable. This does not apply to derelict buildings
or others where the residential use has been abandoned; such 'replacements'
would be regarded as new dwellings. |
| 6.70 |
In view of the strong environmental and
rural character considerations in the countryside, it is particularly
important to minimise the visual, landscape, amenity and traffic impact
of replacement dwellings. The size of the replacement would be limited
to a similar scale as the original, normally measured by its gross
floorspace but excluding any ancillary detached structures. An exception
may be made for substandard accommodation in order to enable reasonable
amenities to be achieved. The siting and footprint of the replacement
dwelling should also be similar to the original, unless repositioning
can significantly reduce the impact of development. Replacement may
provide the opportunity for development to better harmonise with the
locality. The Council would endeavour to avoid abuses of the policy
whereby lawful residential uses become established in buildings and
replacement dwellings are subsequently sought under Policy DC16. |
| 6.71 |
The redevelopment of listed buildings
and buildings in Conservation Areas are not normally permitted (see
Chapter 5 for relevant policies). Furthermore, it is evident that
the countryside is particularly rich in vernacular buildings which
contribute to the character of rural areas, and their retention would
normally be sought. |
| 6.72 |
The following policy does not apply to
the replacement of dwellings converted under Policy DC8. Such conversions
have met strict criteria to retain their character as rural buildings
whereas new dwellings are likely to be more of a more modern residential
character and appearance which could not therefore retain a building
of valuable local character. |
|
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| |
| Policy DC16 |
| Outside development
boundaries, as defined on the Proposal Map, the replacement
of an existing dwelling by another dwelling in the same curtilage
will be permitted where the following criteria are met: |
| (1) |
the proposal is of
a comparable size and massing to the existing building; |
| (2) |
it is in keeping with
the character of the locality, having regard to the appearance
and general design of the original building; |
| (3) |
it is similarly sited
within the plot, unless an alternative position would result
in clear landscape, highway access or local amenity benefits; |
| (4) |
it does not result
in the loss of a property of valuable local character, unless
it is not reasonably capable of being made structurally sound
or otherwise improved. |
| In sensitive locations,
permitted development rights relating to future extensions and
other structures may be removed. |
| This policy does not
apply to the replacement of dwellings converted under Policy
DC8. |
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Residential Extensions |
| 6.73 |
Within countryside locations, extensions
and alterations to dwellings may have a greater environmental impact
than in the case of dwellings within development boundaries by virtue
of their visual openness, landscape impact and the rural character
of either the property or its setting. Careful consideration to rural
extensions is consistent with the general approach of maintaining
the character and appearance of the countryside. |
| 6.74 |
Residential extensions in the countryside
should be appropriate and sympathetic in scale, style, design and
materials in relation to the original dwelling or group of dwellings,
and account taken of the cumulative impact of the extensions. Extensions
and alterations to listed buildings and buildings in Conservation
Areas are specifically covered by the policies in Chapter 5. Other
traditional buildings of rural character, including oasts, farmworkers'
cottages, lodge houses, toll houses and converted agricultural buildings,
also warrant careful regard to their character. Extensions to agricultural
dwellings should also have regard to the considerations at Policy
DC2. The impact on amenities of neighbouring occupiers is also an
important consideration. |
| 6.75 |
Ancillary buildings within the curtilages
of residential properties such as garden sheds, garages and summer
houses can frequently be erected without the need for planning consent.
Nevertheless, when permission is required, it is important that such
buildings are appropriate in size, design and appearance for their
intended use in order to protect the character and appearance of the
countryside and minimise the possible future pressure for conversion
to residential use. Annexes to existing dwellings would be considered
similarly and a legal agreement may be sought to tie an annexe to
the main property where these involve the change of use of a rural
building, under Policy DC8. Detached annexes would normally be treated
as new dwellings. |
| 6.76 |
The following policy does not apply to
the extension or alteration of dwellings converted under Policy DC8
as such conversions have met strict criteria to retain their character
as rural buildings. |
|
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| |
| Policy DC17 |
| Outside development
boundaries, as defined on the Proposals Map, proposals for extensions
and alterations to existing dwellings and for ancillary buildings
within their curtilages will be permitted when the following
criteria are met: |
| (1) |
the proposal should
not be intrusive in the landscape or detrimental to the rural
setting; |
| (2) |
the scale, style,
design and materials are appropriate and sympathetic to the
original dwelling or, where appropriate, the group of dwellings.
Account will be taken of the cumulative impact of extensions; |
| (3) |
there is no significant
adverse effect on the amenities of the occupiers of neighbouring
properties; |
| (4) |
ancillary buildings
should be appropriate in size, design and appearance for their
intended use; |
| (5) |
in the case of an
annexe, the proposal should normally be physically attached
to the dwelling and not lend itself to future subdivision to
form a new dwelling. |
| This policy does not
apply to the extension or alteration of dwellings converted
under Policy DC8. |
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| 6.77 |
Proposals for the extension of residential
curtilages within the countryside will be considered in relation to
the potential change in rural character and amenities that may result
from the resulting enclosure, domestic use, associated minor buildings,
structures, hard surfacing and other paraphernalia. In order for such
extensions to be acceptable in environmental terms, it may be necessary
to minimise the visual impact by ensuring sensitive boundary treatment
and limiting new buildings and structures on the land. However, in
many circumstances, the extension of residential curtilages may detract
from the rural landscape character, particularly where a generally
open appearance prevails. |
| |
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Subdivision of Larger
Properties |
| 6.78 |
Within the countryside there are many
larger properties, including houses which are now too large for single
family occupation together with other buildings, such as hotels and
institutions of a residential nature. Such buildings are usually well
integrated within the rural scene and their retention thereby encouraged.
|
| 6.79 |
Emphasis is given to creating sustainable
forms of development, and to maintaining rural employment opportunities
and meeting special housing needs in the case of nursing and residential
care homes, as there is a growing elderly population. Proposals for
sub-division for residential use will therefore be required to demonstrate
that the building cannot be retained in its existing use or a similar
use. The conversion of typical, family-type accommodation would normally
be inappropriate. |
| 6.80 |
It is important that the conversion and
subdivision of larger properties maintains the integrity and character
of the property, including its grounds, in order to reflect its countryside
location as well as meeting the normal residential amenity, access
and parking criteria. In addition, within particularly quiet, remote
areas, the creation of a large number of dwelling units, with associated
increases in activity, may be inappropriate. |
| 6.81 |
In order to maintain the character of
any important features of the property, including gardens, restrictions
on permitted development may on occasion be considered necessary.
Extensions and alterations would be considered in accordance with
Policy DC17, although in order to maintain their visual integrity
and character, only very limited additions may be appropriate. |
|
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| |
| Policy DC18 |
| Outside development
boundaries, as defined on the Proposals Map, the conversion
and subdivision of a larger property into smaller dwelling units
will be permitted where:- |
| (1) |
the conversion to
residential use is demonstrated to be the only effective means
of re-using the building; |
| (2) |
the character and
integrity of the property, including its grounds and setting
are suitably retained, including where appropriate by the removal
of permitted development rights; |
| (3) |
proposals for extension
or alteration are consistent with criteria (1)-(3) of Policy
DC17. |
|
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|
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Special Needs Housing |
| 6.82 |
The development of special needs housing
in the form of nursing homes, residential care homes, sheltered housing
and group homes is not generally considered to be appropriate in the
countryside in view of the significant visual and environmental impact
that can result as well as the relative remoteness from the necessary
community facilities. However, in line with countryside policies the
conversion of large properties may be appropriate, particularly where
a higher level of care is provided as part of the proposal. |
|
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| |
| Policy DC19 |
| Outside the development
boundaries, as defined on the Proposals Map, special needs housing
will not be allowed unless it involves the extension of existing
accommodation in accordance with Policy DC17, or the conversion
or subdivision of a large property in accordance with Policy
DC18. |
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Gypsy and Travelling Showpeople
Sites |
| |
Gypsies |
| 6.83 |
The Caravan Sites and Development Act
1968 defines gypsies as people who pursue a nomadic habit of life
for economic purposes. This definition specifically includes other
travellers but excludes members of an organised group of travelling
show people or circus people, travelling together as such. The Criminal
Justice and Public Order Act 1994 removed the duty on Councils to
provide gypsy sites, although a discretionary power remains. However,
it is necessary to give clear planning policy guidance in the Plan
in line with Government advice in Circular 1/94: Gypsy Sites and
Planning for both private and public sites, particularly in view
of the increased onus on private provision. |
| 6.84 |
The Council's approved strategy for Managing
Unauthorised Camping concluded that there is no evidence to suggest
that additional permanent residential sites are required in the District
other than, perhaps in individual cases, but it is acknowledged that
travellers passing through the District have no legitimate sites to
go to. Further needs assessment for this Plan has concluded that there
is no significant unmet local need which would justify the allocation
of sites for gypsies. |
| 6.85 |
The area does not have a strong gypsy
or other traveller tradition, and the level of provision is generally
adequate by virtue of three public sites across the District, and
a number of small privately owned sites that have been granted planning
permission. The regular counts show a relatively low occurrence of
unauthorised sites. Whilst there is a lack of transit sites and temporary
stopping places for gypsies, this should be addressed on a county-wide
basis having regard to the main centres of population and the road
connections between them. |
| 6.86 |
Consideration should nonetheless be given
to the treatment of extensions to existing sites and new private sites
through a criteria-based policy. Circular 1/94 states that it will
not generally be appropriate to make such provision in areas of open
land where development is particularly restricted, including Areas
of Outstanding Natural Beauty. It does not exclude sites in rural
or semi-rural settings, but points out that care is needed to ensure
consistency with environmental, agricultural and other countryside
policies. Locations on the outskirts of built-up areas may be appropriate
where these afford reasonable access to facilities and services, but
should still avoid encroachment into open countryside. Amenity and
access factors are also important, particularly as gypsy sites often
combine both residential and business elements. |
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Travelling Showpeople |
| 6.87 |
Specific consideration has also been given
to the provision of sites for travelling showpeople, in accordance
with Government guidance in Circular 22/91: Travelling Showpeople.
Accommodation needs are unusual in that they combine residential,
storage and maintenance uses. Wealden has not been traditionally closely
associated with showmen's sites, perhaps due to its relative remoteness
from large urban centres. There is presently only one site with planning
permission for 'winter quarters' in the District, at Hackhurst Lane,
Lower Dicker. |
| 6.88 |
Such development can, by its very nature,
be visually intrusive in a rural or other sensitive landscape setting.
Conversely, close proximity to residential properties can also be
inappropriate because of the potential disturbance from the maintenance
and testing of equipment during winter months, as well as its visual
impact. However, proximity to schools and other community facilities
is normally sought. Circular 22/91 therefore suggests urban fringe
locations may be appropriate. |
| 6.89 |
In the absence of a clear local need for
sites, it is appropriate to set out a criteria-based policy rather
than allocate sites in the Plan. Where a site is considered suitable,
it will normally still be appropriate to control the extent of storage
and times of testing equipment to minimise its impact on local amenities.
Also, the future occupancy of the site by travelling showpeople should
be ensured. |
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| Policy DC20 |
| Proposals for new
sites and extensions to existing sites for gypsies, other travellers
and travelling showpeople will be permitted when the following
criteria are met: |
| (1) |
the site is conveniently
located in relation to schools and other community facilities; |
| (2) |
there is no adverse
impact on the character of the countryside, particularly having
regard to Policies NE5 to NE9; |
| (3) |
the local environment
and residential amenities will not be adversely affected; |
| (4) |
there is a satisfactory
means of vehicular access and the local road network is adequate. |
| Where appropriate,
controls to limit the hours of testing equipment and to ensure
the future occupancy by travelling showpeople would normally
be sought. |
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Residential Mobile Homes |
| 6.90 |
Residential mobile homes, including caravans,
are generally out of keeping with the character and appearance of
the countryside in view of their form, design and materials, and potentially
represent a sporadic form of residential development contrary to the
Plan's development strategy. Therefore, residential mobile homes would
not normally be appropriate in the countryside. |
| 6.91 |
An exception may be made for the temporary
stationing of a residential mobile home or caravan in association
with an agricultural or similar rural enterprise in accordance with
Policy DC2 above. Also, where existing mobile home sites exist within
the countryside, some rationalisation within the sites' well defined
limits may be appropriate if this would bring about significant improvements
in local visual amenities. |
| 6.92 |
Residential mobile homes can provide low
cost accommodation, thereby improving access to the housing market.
Their redevelopment by permanent dwellings may result in the loss
of more affordable housing and be visually or environmentally unacceptable
and such proposals will therefore normally be resisted. |
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| Policy DC21 |
| Residential mobile
homes, including caravans, will not be permitted in the countryside
unless these are on a temporary basis and are essential for
the proper functioning of the farm, woodland or other enterprise
in accordance with Policy DC2. The rationalisation of existing
sites may be permitted only where significant environmental
benefits would result. The redevelopment of existing mobile
homes by permanent dwellings will be resisted unless on an individual
basis where proposals meet the criteria of Policy DC2. |
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