GREENING THE URBAN AREA

ENV27 Urban green space, and particularly the important major areas, will where appropriate be safeguarded, improved and increased. Areas where green space does not exist and is unlikely to be created will also be improved through landscaping. Improvements will be achieved mainly by enhancing tree cover and priority will be given to the older inner areas and in particular:

1. large areas of older terraced housing, industrial areas and shopping centres;

2. major areas of urban green space; and

3. green space which provides an opportunity to establish green corridors, create habitats for wildlife and strengthen and improve wildlife corridors.

11.55 In many parts of the borough, particularly the older inner areas, there is a deficiency of green space and tree cover. The Community Facilities and Recreation chapter identifies which parts of the borough are deficient in open space for recreational purposes. This section identifies the priorities for greening the borough from a landscape, nature conservation and visual point of view and provides a framework for detailed policies in other chapters. The aim is to make the borough a more attractive place in which to live, work and invest and in the process to contribute, albeit in a small way, to meeting wider environmental objectives. Greening will take the form of protecting and enhancing existing green space, particularly extensive areas of open land; providing green space; and carrying out landscaping where green space either does not exist or cannot be created.

11.56 In addition to areas of public open space, school playing fields, private sports grounds and cemeteries, which contribute positively to the quality of the environment, have been identified as areas of important major green space and are defined on the proposals map. These areas, of at least one hectare, contribute positively to the quality of life of residents and many are an important attraction for informal recreation, not only for residents but also for visitors and those working in the surrounding areas. Allotments can also contribute to greening.

11.57 The areas most in need of greening, where it will enhance their character, are large areas of older terraced housing, older industrial areas and shopping centres. Priority for improvement, particularly by tree planting and management, will be given to these areas and to existing green space or sites which will contribute to the enhancement of green corridors or strengthen or improve wildlife corridors.

GREEN CORRIDORS

ENV28 A network of green corridors is designated to improve opportunities for walking and cycling in the urban area and to improve access to the countryside. As a basis for the gradual development of a network, existing recreational routes will be protected and maintained.

11.58 These corridors, mainly in attractive landscape settings, are intended to function as convenient and safe routes for walking, cycling, and enjoyment of the recreational open space and green space linked together by them. They also have wildlife and biodiversity value by providing a refuge in the busy urban environment. There are opportunities to gain access to wildlife sites and enjoy other leisure pursuits. Green corridors therefore serve local areas as well as providing long-distance recreational routes on a continuous network leading out into the surrounding countryside, in a way which is controlled and compatible with farming and other uses of land in the countryside. The penetration of these routes deep into the urban area increases accessibility to the countryside, particularly from central and east Gateshead where car ownership is low and there are few public rights of way. It is essential to identify and protect the strategically important routes that form the basis of a network of green corridors. At present all the green corridors shown on the proposals map exist in some form, although some of the linkages are in need of considerable improvement. The policy has long-term objectives, the implementation and development of which, in terms of the identification of new routes and linkages, will extend beyond the plan period.

OPEN SPACE IN RETAIL AND EMPLOYMENT USE DEVELOPMENTS

ENV29 On new developments for employment uses, and retail developments with a gross area of at least 0.5 hectares, at least 15% of the total site area should be provided as landscaped areas, wildlife habitats or public open space, including recreation areas where appropriate. Exceptions may be made in appropriate town and local centre locations where a reduction in this requirement is compatible with the site and its surroundings, or on very small sites to secure the viability of a development which will significantly benefit the area. These areas should be designed to ensure maximum visual value and where possible to benefit wildlife.

11.59 The provision of open space within new employment and retail developments contributes to visual amenity and in some cases biodiversity and recreational opportunities. It is therefore consistent with policies in the Environment, Housing and Community Facilities and Recreation chapters to achieve these goals. The provision of such space where redevelopment takes place within existing employment or shopping areas can help to achieve much-needed improvements in their environmental quality and thus contribute to regeneration and improvements in the working environment. However, where sites within existing shopping centres are being developed or redeveloped, the existing layout may make a requirement for open space inappropriate.

CRIME PREVENTION

ENV30 The design and layout of all new developments will be expected to assist in reducing the opportunities for crime while maintaining a high standard of appearance, amenity and accessibility.

11.60 Although recorded levels of many crimes have fallen in recent years there is still a widespread climate of fear which circumscribes the activities of many vulnerable groups, including women, the elderly and ethnic minorities. In some of the borough's industrial areas crime adversely affects the performance of firms and deters others from locating there. The Council already actively participates in a range of crime prevention initiatives, for example the Police Architectural Liaison Panel which provides a forum in which the police, Development Control and other interested parties can assess the crime prevention aspects of major new developments. The Council will continue to participate in these initiatives and will seek to raise awareness, amongst the public and developers, of crime prevention techniques and security measures. It will expect developers to build security measures into new buildings and create developments and estate layouts which provide defensible space and good, natural surveillance, eliminating places where criminals could conceal themselves. Areas or buildings which are neglected often seem to attract crime. The Council will encourage, through planning conditions and management schemes, the adequate maintenance of development to assist in the prevention of crime. Landscaping schemes need particular care. In town centres, crime prevention can be facilitated by encouraging a variety of uses, including housing. Pedestrian routes, cycleways, underpasses and footbridges are other potentially dangerous locations which could be made safer by improving visibility and street lighting, pruning hedges, and cutting back undergrowth. Section 17 of the Crime and Disorder Act (1998), in conjunction with new planning advice contained in “Safer Places: The Planning System and Crime Prevention”, gives greater emphasis to creating safer places. Crime prevention measures are now a material planning consideration in determining planning applications.

DESIGN OF CRIME PREVENTION EQUIPMENT

ENV31 Roller shutters and other security equipment will be expected to respect the design and character of the premises to which they are to be affixed or the site where they will be located. Roller shutters and security fencing on frontages to roads and other prominent locations will be required to have a colour-coated finish.

11.61 When the security of existing buildings and sites needs to be upgraded this should not result in a loss of amenity. Through the process of development control, high-quality attractive security measures will be encouraged. All security devices will be expected to respect the design of buildings to which they are affixed or the sites where they are located. The Council will use its development control powers to encourage good design and Interim Policy Advice note 1 provides guidance on preparing applications for planning permission. Roller shutters need to be particularly sensitively handled. They should be unobtrusive and, where possible, mounted internally behind the fascia or facade of the building, and the roller shutter guides should not normally interrupt shop windows. Unpainted galvanised roller shutters have proliferated throughout the Borough and have become prominent and unattractive features. The Council will use its development control powers to ensure that, where appropriate, new security fencing and roller shutters have a colour-coated finish applied before or during installation.

CREATING AN ACCESSIBLE AND INCLUSIVE ENVIRONMENT

ENV32 All development proposals should be designed to help create an inclusive environment which is fully accessible to all possible users. Where development involves buildings which will be open to the public, or buildings to be used as workplaces or for education, these will only be permitted where they are designed to provide suitable access for everyone as customers, visitors and employees. The areas around and between buildings and other open spaces should also be designed with full regard to the needs of all possible users.

11.62 In accordance with our service principle ‘Social Inclusion and Equality’, Gateshead Council is committed to the integration of good access into all aspects of design in order to benefit everyone in society through a better thought-out, easier and more accessible environment. The Council has produced its own design guide ‘Safer by Design’ which will be used for its own developments and intends to produce a Supplementary Planning Document containing further advice for applicants. It is vital that requirements for inclusive design are considered at the earliest possible stage. See also Policy T3, on access for all, in the Transport chapter.

TELECOMMUNICATIONS

ENV33 Proposals for telecommunications development which requires planning permission or prior approval will be permitted where:

1. it is clearly demonstrated that there is a need for the development in that particular location as part of the national network;

2. it is clearly demonstrated that there is no existing mast, structure or building that can be satisfactorily used for the purpose;

3. they are appropriate in terms of siting and design and, with regard to the special siting, technical and operational constraints, cause the minimum impact upon the amenity, character and appearance of the surrounding area;

4. adequate screening and/or landscape measures are included where appropriate, having regard to special siting, technical and operational constraints, and provision is made for the removal of the equipment and restoration of the site to its previous condition or other agreed beneficial use, as soon as practicable after it is no longer required for telecommunications purposes; and

5. certification of compliance with the International Commission on Non-ionizing Radiation Protection (ICNIRP) public exposure guidelines is submitted.

11.63 Modern telecommunication systems are an essential and beneficial part of life. Government policy, as outlined in Planning Policy Guidance note 8: Telecommunications, is to facilitate the growth of new and existing telecommunication systems whilst minimising the environmental impact of any installation. The Council acknowledges the importance of the industry and will treat sympathetically proposals for its expansion. However, a balance must be struck between the protection of amenity in both town and country and the need for this technology. The visual intrusion of development should be minimised by sympathetic design and camouflage, including screening and planting, particularly in high-quality landscapes and urban areas of high visual quality or historic character, in order that the apparatus blends into the environment. Radio base stations will be required to meet the ICNIRP guidelines on public exposure to radio waves.

THE COUNTRYSIDE

GENERAL POLICY

ENV34 Economic and other interests essential to the vitality, character and landscape quality of the countryside will be safeguarded whilst an attractive, well-maintained and accessible countryside will be sought.

11.64 The borough's countryside is one of its most valuable resources. It covers almost 60% of the borough and is particularly attractive south-west of the A1 where the river valleys and the mixture of farmland and woodland provide an interesting and pleasant landscape not typical of metropolitan areas. Like other countryside on the fringe of conurbations, however, it faces pressures from development, mineral workings, recreation and informal uses which conflict with farming. It also contributes positively to the image of the borough and the quality of life of residents of a large part of Tyneside, particularly through recreation. It is important to see the borough's countryside as part of an extensive dynamic rural area with a diverse economic base and to recognise that agriculture and forestry in particular, in creating working landscapes, make a significant contribution to the visual quality of the countryside. A coherent and integrated approach by the Council is essential in the formulation and implementation of its policies for the countryside particularly when resources are limited and must therefore be used most effectively. To help achieve this the Council will maintain a Countryside Strategy which co-ordinates various interests, sets a context for and guides countryside management and development programmes, and sets priorities for expenditure.

COUNTRYSIDE ACCESS AND MANAGEMENT

ENV35 Opportunities for public access to and within the countryside for the purpose of informal recreation will be protected, extended and enhanced.

11.65 To enable residents in the urban area in particular to enjoy opportunities for informal recreation in the countryside, it is necessary to ensure that there is adequate provision of access to a range of facilities including, for example, woodland, footpaths and sites of particular interest. Attempts will be made to make the countryside more accessible and measures may include the provision of new facilities and the negotiation of access agreements. To help achieve this the Council will pursue its Countryside Projects Scheme.

GREEN BELT

PURPOSE AND EXTENT OF GREEN BELT

ENV36 A Green Belt is required to:

1. check unrestricted sprawl around Felling, Gateshead, Whickham and Blaydon/Winlaton;

2. prevent the merging of Gateshead and Felling with Hebburn, Washington, Birtley, Kibblesworth or Whickham; Whickham with Sunniside; Ryton with Crawcrook; High Spen with Rowlands Gill; and Chopwell with Blackhall Mill;

3. assist in safeguarding the countryside from encroachment around Ryton, Crawcrook, Stella, Greenside, Chopwell, Blackhall Mill, High Spen, Rowlands Gill, Sunniside and Kibblesworth; and

4. assist in urban regeneration by encouraging the recycling of derelict and other urban land.

11.66 The Government attaches great importance to Green Belts and for almost 50 years they have been one of the country’s best known, most supported and consistently operated planning measures. The essential characteristic of all Green Belts is their open character. They have a broad and positive planning role in checking the unrestricted sprawl of built-up areas, safeguarding the surrounding countryside from further encroachment, preventing neighbouring towns from merging, and assisting in urban regeneration. In addition they provide opportunities for access to open countryside for the urban population. In 1985 a Green Belt was formally designated in Tyne and Wear, including 6,800 hectares in the borough. Prior to this, parts of the borough had been covered by informal Green Belt since the 1960s. In 1998 approximately 1,500 hectares were added, effectively including all the borough's countryside in the Green Belt and safeguarding it from encroachment. Regional Planning Guidance indicates that the broad extent and purpose of the Green Belt remains valid and should be maintained.

11.67 In seeking to achieve the plan's objectives for new housing development, the maximum use has been made of previously developed land within the existing built-up areas.

11.68 A few minor modifications to the Green Belt boundary, involving both additions and deletions, have been made in order to resolve anomalies, reflect changes in land use since the boundary was first approved, and, relate it, where practicable, to identifiable physical features on the ground, such as fences, to avoid difficulties in interpretation. The modified boundary therefore reflects the situation on the ground better and provides clear and defensible boundaries. In all cases the reasons which have necessitated the boundary changes are considered to be exceptional circumstances which justify modifications to the Green Belt.

11.69 There may, very rarely indeed, be further exceptional circumstances in the future, within the lifetime of this plan, which would necessitate development in the Green Belt which would normally be inappropriate, or lead to a proposal to further amend the Green Belt boundary. Such circumstances might include the need to provide or replace essential community facilities, such as schools and essential local infrastructure, such as sewage works and renewable energy projects, where no suitable alternative site other than in the Green Belt could be found elsewhere. In such circumstances, it would be a pre-requisite that the adverse impact of such development must be minimised, taking full account of the purposes of the Green Belt, and landscape and nature conservation protection policies.

11.70 A study has been undertaken which identifies several possible Green Belt sites for a park and ride scheme in the east of the borough. In such circumstances Government guidance advises that park and ride is not inappropriate in Green Belts but that non-Green Belt locations should be investigated first. Site selection should be based on a thorough and comprehensive assessment of potential sites and travel impacts. The Green Belt location should emerge as the most sustainable option. The scheme must not seriously compromise the purposes of including land in the Green Belt and a proposal should be contained in the Transport Plan. If new or re-used buildings are included, they should be only for essential facilities associated with the operation of park and ride. Care must be taken to preserve as far as possible the openness and visual amenity of the Green Belt. Developments not satisfying the above criteria would be given permission only in very special circumstances. The sites would need to be subject to significant further assessment before a firm allocation could be made.

CONTROL OF DEVELOPMENT WITHIN THE GREEN BELT

11.71 Government guidance is clear about the general principles which should determine appropriate development within the Green Belt. Therefore, in order to restrain inappropriate development, the following control policies will be applied:

ENV37 Planning permission will not be granted, except in very special circumstances, for inappropriate development in the Green Belt:

1. the construction of new or replacement buildings will be inappropriate unless it is for one of the following purposes:

   1. agriculture and forestry;

   2. essential, small-scale facilities for outdoor sport and outdoor recreation, cemeteries, and other uses of land which preserve the openness of the Green Belt and which do not conflict with the purposes of Policy ENV36; or

   3. the replacement of existing dwellings with new dwellings which would not be materially larger than the dwellings replaced;

2. the extension or alteration of existing buildings will be inappropriate unless limited in extent and not resulting in disproportionate additions over and above the size of the original building;

3. the re-use of buildings within the Green Belt will not be inappropriate development providing:

   1. the proposal does not have a materially greater impact than the present use on the openness of the Green Belt and the purposes of including land within it;

   2. the buildings are of permanent and substantial construction and are capable of conversion without major or complete reconstruction; and

   3. the form, bulk and general design of the buildings are in keeping with their surroundings;

4. engineering and other operations, and the making of any material change in the use of land will be inappropriate unless they maintain the openness of the Green Belt and do not conflict with the purposes of Policy ENV36; and

5. mineral extraction need not be an inappropriate activity in the Green Belt provided that sites are operated and restored to the highest environmental standards.

WASHED-OVER SETTLEMENTS WITHIN THE GREEN BELT

ENV38 Providing that it does not have an adverse effect on the character of the settlement concerned and satisfies other detailed planning considerations, infilling development within the envelopes of the following Green Belt settlements will be allowed:

38.1 Clara Vale	38.5 Byermoor
38.2 Barlow	38.6 Marley Hill
38.3 Lockhaugh	38.7 Eighton Banks
38.4 Winlaton Mill	38.8 Coalburns

11.72 Within the Green Belt there are several smaller settlements where it is reasonable that infill residential development should be permitted within a tightly drawn envelope. Settlement envelopes for these are shown on the proposals map. The envelopes have been drawn to follow the continuous line forming the outer edge of the minimum area that contains the current development of each settlement (Maps ENV3 to ENV10 inclusive).

11.73 These washed-over settlements were identified following the consideration of a range of factors including the number of dwellings, closeness of the physical grouping, compactness, separate identity or name, the existence of facilities and the settlement’s location in relation to the strategic importance of the Green Belt. Elsewhere within the Green Belt are sporadic groups of buildings that do not qualify for the identification of settlement envelopes. Ryton Woodside, for example, is recognised as a settlement but is not identified as suitable for infilling due to its distinct character. Its dispersed and sporadic form of development is such that any infilling would be damaging to its character.

Map ENV3: Clara Vale: ENV38.1 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV4: Barlow: ENV38.2 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV5: Lockhaugh: ENV38.3 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV6: Winlanton Mill: ENV38.4 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV7: Byermoor: ENV38.5 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV8: Marley Hill: ENV38.6 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV9: Eighton Banks: ENV38.7 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

Map ENV10: Coalburns: ENV38.8 Settlement Envelope

[Click to see larger image in a pop-up window]

^{© Crown copyright All rights reserved Gateshead Council, Licence No. 100019132 2007}

LANDSCAPE PROTECTION

ENV39 Within areas of the highest landscape quality, permission will not be granted for development which would have an adverse impact on the landscape. Within areas of high (as opposed to highest) landscape quality such development will only be acceptable if that impact would be short-term and would result in the landscape quality either being restored, or enhanced in a way which would have a significant effect in the short term and would be sustainable. The impact of development on the setting of an area or areas of highest or high landscape quality will be a material consideration in the determination of planning applications. The tests in Policy DC1, especially criterion (a), will be applied.

11.74 Areas of high landscape quality in Tyne and Wear are limited and concentrated in Gateshead. In general terms the good-quality landscape is in the west, particularly the south-west, and quality diminishes with proximity to the urban edge eastwards and northwards, particularly where the urban edge comprises industrial areas. These areas of high landscape quality give enjoyment to those living in and passing through the area and are a valuable resource for recreation. They are nevertheless frequently threatened by unsightly built development, mineral extraction and waste disposal, changes in agriculture and lack of management.

11.75 A landscape appraisal of the borough's countryside, including ‘urban countryside’ sites, was undertaken by landscape consultants in 1992. The appraisal was commissioned by the Council with support from the then Countryside Commission and has provided the basis for the landscape protection policies. The proposals map defines the areas of highest and high landscape quality. The areas of highest landscape quality comprise part of the best landscape in the sub-region (Tyne and Wear, south Northumberland and north Durham). The areas of high landscape quality comprise a major part of the best in Tyne and Wear. The strategic value of these areas should be protected from development that might be visually harmful, including development that might otherwise be acceptable under Green Belt policies. As indicated in para. 11.64, agriculture and forestry make a significant contribution to the best-quality landscape and need to be protected by the sensitive direction of change in the rural economy, particularly diversification in agriculture, by good countryside management and by exploiting opportunities for enhancement. The enhancement of areas of poor landscape quality will be pursued through the development control process, the restoration of mineral extraction sites, the reclamation of derelict land, countryside management and improvement schemes and the promotion of the Great North Forest project.

11.76 Within areas of highest and high landscape quality the protection of the landscape will be a major objective in considering proposals for development.

11.77 The Government is now advising the use of landscape character assessment as a different and more appropriate approach to dealing with landscape considerations in development plans. Landscape character assessment aims to provide an understanding of the character and potential for enhancement of all landscapes while continuing to protect and enhance the best. An assessment would therefore cover all the borough’s countryside and form a basis for policies which would supersede this plan’s landscape protection policy. The Countryside Agency and Scottish National Heritage have published a guide on the approach and methods that can be used in carrying out an assessment. This involves mapping local distinctiveness at an appropriate scale. Although the Council intends to carry out a landscape assessment of the borough’s countryside, it has not been possible to do this as part of the preparation of this plan. In the meantime it is essential to retain the approach taken by this policy to ensure that the impact of development proposals on the character and distinctiveness of the landscape can be taken into account. The policy does not amount to a presumption against development, but allows an assessment to be made of the potential negative impact of a proposal on the particular landscape in which it is located, or of which it forms part of the setting. Pending the completion of a landscape character study and the formulation of policies based on such a study, the retention of this policy allows for the ready identification of areas where landscape may be particularly valuable and sensitive to adverse impact. These are however, by definition, less valuable and sensitive landscapes than some which are protected by national designations.

AGRICULTURAL LAND

ENV40 Development that would adversely affect the best and most versatile agricultural land will not be permitted unless there is an overriding need for development, and opportunities have been assessed for accommodating the development on poorer-quality agricultural land or previously developed land or through the re-use of buildings. Proposals must not sever or fragment substantial tracts of open agricultural land, sever communications between parts of viable agricultural units, or otherwise adversely affect agricultural operations. Proposals will also be subject to Green Belt controls where applicable and will be required to take other sustainability considerations which may affect the land into account. These might include biodiversity; the quality and character of the landscape; its amenity value or heritage interest; accessibility to infrastructure, workforce and markets; maintaining viable communities; and the protection of natural resources, including soil quality.

11.78 Agriculture is important as the major land use outside the built-up area and for the way it largely shapes the character of the borough's countryside. Securing the future of agriculture, including its diversification, is therefore important if the character of the countryside is to be protected and where necessary enhanced. Agricultural land in the borough comprises a mix of arable and grazing land, mainly in relatively small farm holdings. The Government’s policy is that the development of the best and most versatile agricultural land (defined as land in grades 1, 2, and 3a of the Agricultural Land Classification) should be permitted only when no suitable alternative land is available. Surveys indicate that of these categories, only grade 3a land occurs in the borough, it is dispersed in pockets, and is estimated to be 17% of the total.

RURAL DIVERSIFICATION

ENV41 Proposals for the diversification of farm enterprises and small-scale business development which help to sustain or regenerate the rural economy will be permitted if:

1. new buildings, open storage and other associated uses are appropriate to their location in terms of scale, design, character, and protection and enhancement of the landscape;

2. existing buildings are of permanent and substantial construction and are capable of conversion without major or complete reconstruction;

3. adequate vehicular access to and from the local highway network is provided and development will not lead to parking/management problems on local roads;

4. open storage or other associated development would not have an adverse impact on the landscape or character of the surrounding countryside;

5. there would be no harm to local amenity as a result of noise, dust, smell, or excessive traffic generation;

6. there is adequate protection of species and habitats; and

7. the development area is defined by and contained within a clear boundary or boundaries.

Proposals for development within the Green Belt will also be subject to the controls of policy ENV37. Proposals for the re-use of buildings will also be subject to the controls of policies ENV23 and ENV42. Employment policy JE5 addresses tourist development in rural areas and should be considered in conjunction with this policy. Horsiculture is a popular alternative to traditional agriculture; policy ENV43 must be satisfied when such development is proposed.

11.79 Both nationally and locally many agricultural holdings have problems relating to structural change within the industry and rising costs. The impact on small farms in particular is making them increasingly less viable. Diversifying the rural economy has been given a key role by the Government in helping to tackle these problems and sustain agriculture and other businesses. Securing the viability and vitality of the rural economy is also important in order to protect the character and appearance of the countryside as well as safeguarding jobs in rural businesses, widening employment opportunities, and helping to sustain rural communities. Farm-related diversification provides most opportunities for investment and can include providing tourist accommodation, leisure facilities, selling produce from farm shops, forestry (particularly related to the Great North Forest), and renewable energy production. Policies MWR32 and MWR34 need to be satisfied when considering renewable energy proposals in rural areas. Other rural-based enterprises, which are mainly small-scale, can also have a role in diversifying the rural economy. This can be achieved through appropriate investment in, for example, certain types of tourism, high technology manufacturing, arts and crafts and service industries that do not generate high levels of traffic or require larger business units, and biodiversity and landscape enhancement. Many of these small enterprises could utilise existing rural buildings for employment use with few alterations. Where there is a choice between re-using existing buildings or building new ones, preference will normally be given to re-use because this is the most sustainable form of development. Where there is a choice between the need to accommodate diversification and the need to protect the countryside, priority will normally be given to protecting the countryside.

RE-USE OF RURAL BUILDINGS

ENV42 The re-use or adaptation (possibly also involving small extensions) of agricultural or other rural buildings will normally be permitted for light industrial, commercial, recreational or tourist uses provided that:

1. their form, bulk and general design are in keeping with their surroundings and the development does not result in intrusion into the open countryside or create problems relating to noise, smell, dust, safety, health or excessive traffic generation; and

2. buildings are structurally sound or capable of being made so without works that would result in the loss of the identity of the original buildings or damage their heritage or ecological value.

Proposals for the re-use or adaptation of such buildings for residential use will be permitted if the requirements of parts (a) and (b) are satisfied and:

3. 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 residential conversion is a subordinate part of a scheme for business re-use, or is the most appropriate use in terms of the amenity considerations contained within this policy; and

4. a change to residential use will not result in the introduction of intrusive urban elements into the countryside, and no amenity conflict will arise in respect of established nearby uses.

In addition, the grant of permission for the use of an agricultural building for a non-agricultural use will be conditional on the withdrawal of permitted development rights for new agricultural buildings from that particular unit or holding where it is necessary to safeguard against a serious detrimental effect of new buildings on the landscape. Proposals within the Green Belt will also need to satisfy the controls of policy ENV37.

11.80 The countryside contains agricultural and other rural buildings that are substantial and attractive and with normal maintenance and repair can be expected to last for many years. Even where these buildings are of more traditional construction they can continue to offer acceptable accommodation for their present use. Circumstances may arise, however, where their re-use or adaptation for new uses may be acceptable. A policy that allows the appropriate re-use of, and in justifiable circumstances small extensions to, these buildings would not prejudice the objectives of the Green Belt and countryside protection policies. It may also secure the future of listed buildings and other buildings that are of significant local historic, architectural or landscape importance. Traditional farming and rural buildings have a high likelihood of having roosting bats, which are a statutorily protected species. Detailed changes will be controlled by the Council's Policy for the Re-use of Rural Buildings (Supplementary Planning Guidance 3; to be re-issued as a Supplementary Planning Document).

11.81 In keeping with Government policy, the Council is seeking to encourage new commercial, light industrial, recreational or tourist-related uses. Within the borough, however, the demand is almost exclusively for residential conversions, probably because of the attractiveness of the countryside and its close proximity to the Tyneside conurbation. Such conversions have a minimal positive impact on the rural economy and cannot be justified in terms of special needs or new market requirements. Since the Council's priority is to create local employment, it will be necessary to resist inappropriate pressures for conversions to residential use. Where such proposals are made, applicants will need to provide evidence to show that the current use is no longer viable, and that for twelve months it has been both inactive, and actively marketed, to achieve a business re-use. This approach will assist in diversifying the rural economy, in keeping with Government policy. Residential use will be acceptable in principle when it is proven that a business use cannot be secured. Proposals for buildings within the Green Belt will be subject to policy ENV37 that seeks to preserve the openness of the Green Belt.

11.82 Residential use, more than other uses, has inherent problems that can threaten the character of the countryside and buildings and make it difficult to integrate with other activities. Conspicuous gardens which are urban in character, the detrimental effect on the character of a building of the creation of openings for doors and windows, and the difficulty of safeguarding residential amenity, particularly in the environment of a working farm, are the major problems. Consequently, proposals for residential use will be subject to very careful consideration and where there is a conflict between the need to allow the re-use or adaptation of a building and the need to protect the countryside, priority will be given to protecting the countryside.

11.83 Most opportunities for re-use are likely to arise in the case of agricultural buildings, and in the case of a tenanted agricultural building, the value in planning terms of the existing use will be taken into consideration. Proposals for the conversion of agricultural buildings which have been recently constructed with the benefit of permitted development rights will be scrutinised to determine the history of the use of the buildings for agriculture, and in particular whether they are or have been reasonably necessary for agricultural activities which might reasonably be conducted in these units. It will also be necessary to safeguard against any serious detrimental effect of new buildings on the landscape.

HORSICULTURE

ENV43 Stables and the use of associated land for grazing will be permitted only where they would not have an adverse impact on the landscape or character of the surrounding area. Adequate vehicular access on and from local roads, adequate on-site parking and safe and convenient access to bridle-paths will be required. Proposals will also be subject to Green Belt controls where applicable.

11.84 Gateshead, like other parts of the country, is experiencing growth in horse-riding as a leisure pursuit and an increase in demand for land on which to graze and stable horses. The borough's countryside is within a relatively short journey time by car from most parts of the built-up area and from surrounding areas, including western Newcastle. The combination of this demand and accessibility coupled with changes in farming is making the release of agricultural land for grazing and stabling increasingly attractive to farmers. Environmental considerations and the need to avoid conflict with other recreational interests, primarily by ensuring that there is good access to and capacity on bridle-paths, are the major issues. Adequate vehicular access to and from the local highway will be required and development should not lead to parking/management problems on local roads.

WOODLAND, TREES AND HEDGEROWS

WOODLAND, TREE AND HEDGEROW PROTECTION AND ENHANCEMENT

ENV44 Works that will damage or lead to the loss of trees which contribute to the amenity of an area, or which enhance the character and/or appearance of a Conservation Area, or have a significant wildlife interest, will not normally be permitted. Healthy trees which contribute to the character of an area and which are under threat will be protected by means of Tree Preservation Orders or conditions attached to planning permissions.

Proposals for works to trees will be considered on the basis of the following criteria:

1. the condition of the trees;

2. the contribution of the trees to the local landscape and/or character of an area;

3. the nature conservation value of the trees, woodland or hedgerows;

4. the impact that the trees have on existing structures and the amenity value enjoyed by individual occupiers;

5. the extent and content of replanting proposals; and

6. the extent and impact of the works.

In addition, schemes that will protect, maintain, manage and enhance existing woodland, trees and hedgerows will be generally encouraged.

11.85 Woodland is a major land use in the borough and almost all woodland is located in the countryside south-west of the A1. It is a valuable resource not only because of its major contribution to landscape character and quality but also as a habitat for wildlife and as a major attraction for informal recreation. Western parts of the borough, particularly the Derwent Valley, are well located to serve the informal recreation needs of a large population. Most of Tyne and Wear's woodland is in Gateshead. Its importance is further underlined by the fact that it includes significant areas of ancient, semi-natural woodland as well as commercial coniferous forestry. Woodland in urban areas is very important as it contributes to the ‘urban renaissance’ by enhancing biodiversity, providing a refuge for wildlife, and amenity value for those living and working in urban areas. Hedgerows are also an important landscape feature contributing to the character and quality of the countryside and should be protected wherever possible.

11.86 Previous development plans have consistently recognised the contribution which woodland makes to the diversity and quality of the landscape and sought to protect it and encourage additional planting through appropriate management and conservation policies. Within the countryside, particularly at the urban-rural fringe, important measures to implement these policies include work with private landowners, Woodland Grant schemes and Countryside Stewardship. In addition, Tree Preservation Orders have been made to protect important trees and areas of woodland that have been at risk. Trees within Conservation Areas are also protected, including some major areas of woodland in the countryside. It should be noted that due to their ecological quality, ancient woodland and planted ancient woodland sites (PAWs) within the Borough are designated as Sites of Nature Conservation Importance (SNCIs) and are therefore protected by Policy ENV49. This plan provides for the continuation of these approaches and builds on other initiatives and opportunities. Measures may include the acquisition and management of woodlands by the Council, the restoration of PAWs, and the planting of trees in suitable locations including recreation areas and transport corridors.

THE GREAT NORTH FOREST

ENV45 Within the area of the Great North Forest, extensive tree planting and wildlife habitat creation with associated recreational uses appropriate to the countryside and the Great North Forest will generally be encouraged.

11.87 In 1990 the former Countryside Commission and the Forestry Authority, in partnership with local authorities, officially launched an initiative to establish the Great North Forest within the general area of south Tyne and Wear and north-east Durham. Some 33 square kilometres (13% of the total Forest area) are located in the Borough and Gateshead Council, as one of the partnership authorities, supports and sponsors this project. It is developing as a multi-purpose forest, providing environmental improvements, recreation opportunities and economic benefits through improving the area's attractiveness to investment. The intention is that between one and two thirds of the land within the forest area will be planted, predominantly with broad-leaved trees. Consequently, this is a long-term vision that will require careful planning and many years of committed support and activity from all sections of the community. The eventual result will be a rich, diverse and attractive environment within a major part of the Borough's urban fringe that will give both practical gains and sustained pleasure to many people.

11.88 The Forest Plan was approved in 1993, and a reviewed Plan in January 2003. The Unitary Development Plan provides a spatial development context for the Forest Plan and the two plans complement each other. Within the Borough the vast majority of the Forest area is within the Green Belt where development will be very strictly controlled.

NATURE CONSERVATION

THE DURHAM BIODIVERSITY ACTION PLAN

ENV46 The delivery of relevant targets for species and habitats in the Durham Biodiversity Action Plan will be actively pursued in considering development proposals.

11.89 Habitat protection and creation are the key to nature conservation as, no matter how well a species is protected in law, if there is no suitable habitat that species cannot survive. All types of wildlife habitat, including woodland, hedgerows, rivers, ponds, wetland, grassland, moorland and scrubland therefore require protection in order to preserve their quality, quantity and diversity. Some areas of habitat also require enhancement. Although species protection is provided by non-planning legislation, Government guidance is that if harm to a protected species or its habitat is likely as a result of proposed development, the presence of that species is a material planning consideration. In such cases Natural England will be consulted and the Council will consider attaching appropriate conditions or entering into planning obligations to secure the protection of the species. Developers will also be advised that they must conform to statutory species protection provisions affecting the site concerned.

11.90 The Durham Biodiversity Action Plan (DBAP), which was issued in 1999 and includes the boroughs of Gateshead and South Tyneside and the City of Sunderland, sets out actions that are needed locally to achieve the targets set out by the Government in the UK Biodiversity Action Plan. Many groups and local experts have contributed to the DBAP, and its action plans cover key species and habitats. The Council is an active partner in the delivery and implementation of the DBAP and is guided by it in making decisions on protecting species and habitats that are affected by development proposals.

WILDLIFE HABITATS

ENV47 Wherever possible, all types of wildlife habitats will be protected and enhanced. Land management practices beneficial to wildlife will be encouraged in line with the Durham Biodiversity Action Plan. New development will be laid out and landscaped so as to be beneficial to wildlife. Proposals should avoid the use of non-native or inappropriate species in sensitive locations. Where there is evidence of damaging species that are invasive to existing habitats, these should be removed.

11.91 Government advice suggests that nature conservation objectives could be supported by sympathetic management of Council-owned land, management agreements for privately owned land and the introduction of bylaws. Before granting planning permission, it may be appropriate to impose a legal obligation to maintain and manage wildlife habitats. Restoration and reclamation projects, pond creation and restoration, and Tree Preservation Orders may also be used to further nature conservation objectives. Nature conservation will be a consideration when preparing briefs for major development sites and major highway proposals.

11.92 Education and interpretation have a vital role to play in the appreciation, protection and enhancement of wildlife sites, particularly for inner area residents who do not have easy access to the borough's most valuable wildlife areas. Some inner area sites do not have sufficient intrinsic wildlife value to warrant special protection, but their value for educational and interpretation purposes should be safeguarded and enhanced by good management. The Council has considerable facilities for education and interpretation that will be developed, subject to financial resources, to provide a borough-wide resource during the plan period. Nature conservation areas in school grounds are a particular example. Policy CFR26 sets a standard for publicly accessible natural greenspace sites and CFR5 addresses the situation which may occur in the event of school closure.

11.93 Gateshead has an extensive selection of sites that are of biodiversity and nature conservation interest and importance. The Council has taken a protection-hierarchy approach and has applied it to these sites; the following policies reflect this. The hierarchy indicates the weight and significance given to the protection of nature conservation interest within statutorily defined designations, relative to the protection in other locations. Sites of Special Scientific Interest (SSSIs) are statutorily defined as being of national importance and this affords the greatest protection. Non-statutory sites of regional and local importance are designated as Sites of Nature Conservation Importance (SNCIs). Local Nature Reserves (LNRs) have statutory protection, although in some cases, because of their dual purpose, their nature conservation value is not as significant as some of the SNCIs. The Council will encourage the enhancement and any subsequent upgrading of all existing or potential wildlife sites including SSSIs, SNCIs and LNRs.

SITES OF SPECIAL SCIENTIFIC INTEREST

ENV48 Sites of Special Scientific Interest will be protected by not allowing development on or off the site when there is the potential for an adverse effect on the site.

11.94 Sites of Special Scientific Interest (SSSIs), listed and described in Appendix 7, are of national significance and receive statutory protection. Development should not, therefore, take place unless it is clear that it would have no adverse impact on a SSSI. Where an adverse effect on the site’s notified special interest is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of SSSIs. The protection and enhancement of SSSIs will be pursued in consultation with Natural England. They will provide advice when development proposals are made, including development proposals for land that is not itself part of a SSSI but which might affect one.

SITES OF NATURE CONSERVATION IMPORTANCE

ENV49 Sites of Nature Conservation Importance will be protected from adverse development wherever possible.

11.95 Sites of Nature Conservation Importance (SNCIs) are the most important sites of nature conservation value not designated as SSSIs. They do not have statutory protection but will be protected wherever possible (Appendix 8). Where it is not possible to protect an SNCI, appropriate mitigation should be provided of at least equivalent value. The Durham Wildlife Trust is consulted on proposals which may affect SNCIs, and also provides advice and guidance on their general protection and enhancements. SNCIs in the Borough are regularly monitored and there was a comprehensive review in 2003.

LOCAL NATURE RESERVES

ENV50 In determining planning applications for development in Local Nature Reserves (LNRs), account will be taken of their educational and recreational value in addition to their nature conservation value. The designation of additional LNRs, taking into account recreational and educational benefit, will be actively pursued.

11.96 The first LNR designated in Tyne and Wear was Shibdon Pond, Blaydon, which is also a Site of Special Scientific Interest. Additional LNRs have been designated at Dunston Pond, Ryton Willows, Clara Vale, Cross Lane Meadows, the Kittiwake Tower, Norwood Nature Park, Pelaw Quarry Pond, and Windy Nook Nature Park.

11.97 LNRs are places with wildlife or geological features that are of special interest locally. They are designated by the Council in consultation with Natural England. Their designation is based on their capability of being managed with the conservation of nature and/or the maintenance of special opportunities for study or research as a primary concern. LNRs should also be either:

• of high natural interest in the local context (generally SSSI or SNCI) or

• of some reasonable natural interest and of high value in the local context for formal education or research or

• of some reasonable natural interest and of high value in the local context for the informal enjoyment of nature by the public.

11.98 The urban area has few designated wildlife sites but it supports many species of plants and animals particularly on the major areas of green space, in river and transport corridors, and in landscaped areas and areas regenerating naturally. Many of the plan's policies, particularly for greening the urban area, establishing green corridors and safeguarding urban green space will lead to the creation of new habitats and enhance other areas within those parts of the Borough where most people live and work.

WILDLIFE CORRIDORS

ENV51 A network of wildlife corridors will be protected by resisting development or recreational use which would seriously impair their integrity or value to wildlife. Exceptionally, damaging developments may be allowed where habitats would be enhanced or where suitable replacement land is provided to retain the integrity of the corridor.

11.99 Wildlife corridors allow and extend free movement of species between wildlife reservoirs, or large unspoilt areas of habitat, and into urban and semi-urban areas. The wildlife corridors in Gateshead were identified in 1988 by the Tyne and Wear Conservation Strategy. They link isolated sites supporting a small number of species with other sources of wildlife and therefore allowing the potential colonisation of new sites. Once established, they should be protected from intrusive developments, including certain recreational uses. The nature conservation value of wildlife corridors should, where possible, be enhanced. Development that is intrusive may be acceptable if a suitable piece of land is brought into the wildlife corridor to replace that which is lost.

CREATION OF NEW WILDLIFE HABITATS

ENV52 Within the urban area new wildlife habitats will be created and existing habitats enhanced, using locally native species of trees and shrubs where possible and appropriate.

11.100 New landscaping and the management of existing sites will, where appropriate, be carried out in a manner that will create and enhance wildlife value. The use of locally native species of trees and shrubs will usually be the most beneficial approach. Such works will have wider benefits by making the recreational areas more attractive and interesting as well as providing opportunities for education and the participation of local residents and voluntary groups in the creation, enhancement and management of sites.

CONTAMINATION, POLLUTION AND HAZARDS

CONTAMINATION OF LAND

11.102 Contaminants can be natural (for example methane and radon), or man-made. They are not restricted to brownfield land and can be found on greenfield sites. Potentially contaminated land is a significant issue in Gateshead in locations that have been occupied by historic industrial activities. In addition, large areas of the borough are affected by gas seeping from old mine workings. Landfill gas is also a problem in particular areas. Radon emissions have not been identified as an issue to date.

LAND AFFECTED BY CONTAMINATION

ENV53 Where contamination is known or suspected on a site proposed for development applicants will be required to submit, as part of the planning application, a tiered risk assessment, which provides sufficient information to determine the existence or otherwise of contamination, its nature and the risks it may pose and whether these can be satisfactorily reduced to an acceptable level to enable the development to proceed. If the study indicates that the site requires remediation, applicants will be required to submit a remediation statement showing how the site will be treated to make it suitable for its intended use. Information on monitoring and management arrangements for the proposed development will also be required.

11.103 Planning is concerned with future uses of land and the purpose of the planning system is to ensure that where land is affected by contamination, new development and its use is safe, that unacceptable risk is managed appropriately and that new contamination problems are not created. Most land contamination will be remediated through the development process, which means it is the responsibility of landowners and developers to identify, characterise and deal with any land contamination issues on their sites.

11.104 Land contamination or potential contamination is a material consideration in the determination of planning applications. The standard to which land should be restored is that which removes unacceptable risk and which makes the site suitable for its proposed end use. Risk does not only refer to human risk but also extends to flora and fauna, surface water, groundwater and buildings; or any receptor on site.

ENV54 Applications for development on land affected by contamination will be permitted if:

1. the site will be reclaimed to a standard which is suitable for the proposed end use;

2. there is no threat to public health or safety;

3. environmental standards are not compromised;

4. no threat is posed to controlled waters;

5. appropriate measures are taken to protect local amenity while works are carried out; and

6. any nature conservation interest, habitat, species and geological features on the land are protected.

The Contaminated Land Regime

11.105 In April 2000, a new statutory regime for dealing with contaminated land came into force. Its purpose is to deal with the historic legacy of contamination by focusing on contamination that is causing unacceptable risks for the current use of the site. However, it is possible that there may not be any evidence at the time a development is proposed that the land is contaminated.

11.106 It is possible that a site may be affected by contamination but that the nature of the development is such that no additional risk will result from it.

11.107 Where a site is affected by contamination and needs to be remediated before it can accommodate the proposed end use, conditions may be attached to the planning permission to ensure that development does not proceed without remediation, and applicants will be required to submit, and receive approval for, a validation report that demonstrates the effectiveness of the remediation carried out, before the site is occupied by future users. Where there are nature conservation interests, habitats, species or geological features on a site that is to be remediated, any remediation scheme must be designed so as to minimise any harm to these features. It should also be noted that certain habitats are only found in areas of contamination and that particular care should therefore be taken to conserve them where possible.

11.108 Remediation activities themselves may require planning permission. In such cases it is necessary to balance social and economic impacts from a remediation scheme with the temporary environmental disbenefits which it would cause.

11.109 In addition, new uses might have the potential to cause contamination.

DEVELOPMENT CAUSING CONTAMINATION

ENV55 Development that would cause or be likely to cause significant contamination of the ground will not be permitted. Where development would be likely to cause less severe contamination of the ground, appropriate conditions will be imposed to limit such contamination and to ensure its removal and treatment when the contaminating use ceases.

11.110 In dealing with potentially polluting development, the Council as local planning authority will focus on whether the proposed development is an acceptable use of land. It will be assumed that the appropriate pollution control regime will be properly applied and enforced. There may be benefits accruing from potentially polluting developments, for example, satisfying an economic or wider social need or producing environmental benefits. The Council has a key role in attaching mitigating conditions to allow developments that may give rise to pollution and preventing harmful developments that cannot be made acceptable even through conditions. In such cases, it will be considered whether the development would be acceptable if mitigating conditions were attached.

DERELICT LAND

ENV56 Derelict land will be reclaimed for the most appropriate beneficial uses. In particular the major site at Marley Hill and Byermoor Collieries will be reclaimed for recreation, nature conservation and woodland.

11.111 Derelict land is defined as land so damaged by industrial or other development that it is incapable of beneficial use without treatment. It is not necessarily contaminated. Some 149.7 hectares of derelict land have been identified in the borough, mainly consisting of former collieries, coke works, quarries and power stations. Sites will be reclaimed for appropriate after-uses. If it is suspected that the land is unstable, a ground condition report describing and analysing the problem and how it will be dealt with will be required to accompany any planning applications.

11.112 Some areas of derelict land require further treatment after the initial reclamation scheme, in which case one of the following approaches will be appropriate:

• Rather than close options by committing expenditure to preparing a site for a particular end-use or a specific layout, it would give greater flexibility to reclaim land for open space initially and then carry out further work later once a specific development is proposed.

• Some of the earliest reclamation schemes were pioneering schemes and do not meet today's standards; these sites would benefit from further work. In particular, prominent sites should receive secondary treatment in order to enhance the appearance of the Borough, benefit wildlife and aid economic regeneration where appropriate.

11.113 In addition to reclaiming land for built development, other land uses that will improve the environment, such as sport and informal recreation, nature conservation or historic conservation are generally acceptable for urban reclamation schemes. Sufficient funds are needed to maintain reclaimed sites adequately. Some derelict sites or parts thereof may already make a positive contribution to conservation objectives and this will be borne in mind when considering what reclamation work, if any, is required.

WATER QUALITY AND FLOOD PROTECTION

11.114 In the interests of public safety, nature conservation and general amenity, the quality of controlled waters (water in watercourses, lakes and ponds and groundwater) should be raised to as high a level as possible. Water quality in watercourses varies from good (Class 1B) in the Derwent to grossly polluted and likely to cause nuisance (Class 4) in the upper Don near Wrekenton. There is also the possibility of the pollution of groundwater by contaminated land.

11.115 The Environment Agency has a statutory responsibility to set objectives for water quality in watercourses and to work towards achieving them. Reducing levels of water pollution involves making changes to existing practices and processes. Measures and developments proposed to increase efficiency should be required to preserve or improve water quality. The Council will monitor water quality in watercourses and liaise with the Environment Agency where appropriate.

11.116 Criterion (j) in the general development control policy, DC1, indicates that developments which worsen the quality of water in watercourses, lakes and ponds or groundwater will be unacceptable.

FLOOD RISK

ENV 57 Proposals for new development will not be permitted in flood risk areas or where development may increase the risk of flooding elsewhere unless it can be demonstrated by means of a Flood Risk Assessment that:

1. there is no alternative option available at no, or at a lower, risk of flooding;

2. there will be no unacceptable increase in risk of flooding having regard to appropriate mitigation measures that can be put in place to minimise it, controlled by appropriate planning conditions, or subject to a planning obligation;

3. there will be no unacceptable increase in risk of flooding elsewhere, as a result of the development, having regard to appropriate mitigation measures that can be put in place to minimise it, by appropriate planning conditions, or subject to a planning obligation;

4. it would not interfere with the ability to carry out flood control works and maintenance; and

5. it secures safe access and egress at times of flood.

When determining applications for planning permission the use of sustainable drainage systems will be encouraged where practicable.

11.117 Flood Risk is an increasingly important issue to the land use planning system. Seeking to manage and reduce the incidence of flooding, acting on a precautionary basis taking account of climate change, the Council will ensure that new development does not pose an unacceptable risk of flooding or increase the risk of flooding elsewhere on a catchment wide basis. The experience of recent years suggests that the incidence of problems due to river flooding may be getting worse, both in frequency and scale. This arises from changes in river hydrology due to human activity, changes in land management, variations in the intensity of rainfall and the increase in development which brings more residents, employees and occupiers into areas at risk.

11.118 The Council will adopt a risk-based approach to proposals for development in or affecting flood risk areas or where the developments may increase flood risk elsewhere. The level of risk will depend on the site’s position in relation to flood plain areas which are subject to fluvial and tidal flooding and also the amount of surface water run-off the site will discharge. It is important to prevent flood-sensitive development taking place in areas of risk. In assessing risk regard should be had to the Environment Agency’s Flood Zone Map and Historic Flood Map and individual Flood Risk Assessments.

11.119 The Environment Agency’s Flood Zone Map identifies areas of high (1 in 100, 1 in 200 tidal or greater chance of flooding happening each year), moderate (1 in 1000 or greater chance of flooding happening each year) and low flood risk. The Environment Agency periodically updates the Flood Zone Map. Developers should consult with the Council and Environment Agency (http://www.environment-agency.gov.uk/) in order to obtain the most up-to-date flood risk information. The Gateshead area is susceptible to predominantly tidal flooding from the river Tyne as well as fluvial flooding from the rivers Team and Derwent and tributaries. Based upon the current flood zone map, land along the banks of the Team and Derwent, including parts of the Team Valley and Durham Road employment areas, is liable to flooding. Tidal flooding and the impact of climate change could affect all land below the five metre contour. Based upon the current flood zone map there is a possibility of flooding along banks of the River Tyne including lower Bill Quay, lower Felling and lower East Gateshead Primary Employment Area, Teams, Dunston, areas to the north and east of the MetroCentre, Derwenthaugh, Blaydon, Addison Industrial Estate, Ryton Willows and Stella. Consequently, some employment sites, mixed-use sites, retail designations and housing sites fall into the high and moderate risk zones. To avoid social and economic stagnation or blight within these areas, further development may be permitted in these high and moderate risk areas following the sequential test and exception test outlined in Planning Policy Statement 25: Development and Flood Risk (PPS25); however it is essential that flood risk is managed and satisfactory Flood Risk Assessments are undertaken and appropriate mitigation measures are in place. Development should be avoided on the functional flood plain, at Lamesley, which lies within the Green Belt and is unlikely to be subject to development pressure. Development that would interfere with the ability to carry out flood control works and maintenance will not be permitted.

11.120 Depending upon the scale and location of development within the Flood Zone Map, developers may be required to carry out a satisfactory Flood Risk Assessment (FRA), in accordance with Annex E to PPS25. Further guidance regarding the level of detail and consultation procedure for FRAs is available from the Environment Agency. This includes Standing Advice on Development and Flood Risk, Flood Zones response matrix, sequential test results table, and a series of three technical guidance notes on Flood Risk Assessment for different types of development in different locations (FRA 1-3). These can be obtained on the following websites: http://www.pipernetworking.com/floodrisk/ and http://www.environment-agency.gov.uk or by contacting the Environment Agency.

11.121 In March 2006, the Council commissioned a Strategic Flood Risk Assessment (SFRA). The current SFRA refines the Environment Agency’s flood maps utilising existing hydraulic modelling, outlining the extent of the fluvial and tidal flooding across the borough, and considers the likely frequency and depth of flooding of the UDP’s allocated development sites and areas. It also includes information regarding existing flood defences, historical records of flooding and potential culvert flooding, and provides general guidance. The SFRA should be used by applicants to inform sequential tests of sites i.e. demonstrate there are no reasonably available sites with a lower probability of flooding that would be appropriate to the type of development proposed. The SFRA will also provide useful information that should be used to inform site-specific individual Flood Risk Assessments. The Council anticipates that further work will be undertaken on the SFRA.

11.122 Mitigation measures should be put in place by developers to minimise the risk of flooding to residents, employees and occupiers of their developments and areas elsewhere that would be affected by flooding caused by their developments. Risks of flooding might be mitigated by protected access, prudent design of development and effective public warning mechanisms. The type of new development should be appropriate to the level of risk. The forthcoming “Practice Companion Guide to PPS25” (Department for Communities and Local Government (DCLG)) and “Improving the flood performance of new buildings” May 2007 (DCLG/DEFRA) will provide useful guidance (http://www.planningportal.gov.uk/uploads/br/flood_performance.pdf). Developers may be required to contribute to improvements to flood defences in order to make development permissible. Encouragement will be given to incorporating soft defences such as Sustainable Drainage Systems (SuDs) into development where practical. SuDs mimic natural drainage through techniques such as infiltration areas and permeable pavements and ponds, and control surface water run-off as close to its origin as possible before it enters the watercourse.

HAZARDOUS SUBSTANCES

HAZARDOUS INSTALLATIONS CONSULTATION ZONES

ENV58 Within the consultation zone of an installation storing or handling hazardous substances, planning permission for residential accommodation for the old or infirm, hospitals, educational establishments, high-rise residential development, or large retail, leisure, community or open-air developments will only be granted in exceptional circumstances. Applications for other developments will be assessed with particular regard to the possible risk to occupants. Consents for new installations which would require a new or enlarged consultation zone will only be granted if the risk to existing and potential users of land is acceptable.

11.123 Hazardous Substances are those which, when stored or used in quantities at or above specified limits, present major fire, explosion or toxic hazards to people in the vicinity. Hazardous substances can only, therefore, be kept in significant quantities after the responsible authorities have had the opportunity to assess the degree of risk to people in the surrounding area. All installations handling significant quantities of hazardous substances have a consultation zone around them defined by the Health and Safety Executive (see Appendix 9).

11.124 Installations handling significant quantities of hazardous substances are of many different kinds and each one poses risks according to its nature and surroundings. The Health and Safety Executive therefore comments on applications for the expansion of existing installations, for new development within existing consultation zones and for the siting of new installations. In determining planning applications, the advice of the Health and Safety Executive is crucial. Residential accommodation for the old or infirm, hospitals and educational establishments are generally most vulnerable to hazards. Residential accommodation over five storeys in height, retail developments and community and leisure facilities over 5,000 square metres gross floor area, and open-air developments which would have over 1,000 people present once a week or more, are especially vulnerable. The vulnerability of other developments depends on the number and distribution of people present during the whole day.

LANDFILL GAS

11.125 The migration of methane gas from landfill sites to the surrounding area can be a hazard. The Town and Country Planning (General Development Procedure) Order 1995 requires that the waste regulation authority be consulted on all applications to develop land where the proposed development is within 250 metres of any landfill site, either currently being worked or worked within the past thirty years, which has the potential to produce landfill gas. These provisions are a minimum, and consultation will also be undertaken on other sites where there is a possibility of risk from gas. Housing development presents a particular risk because it is difficult to ensure that protective measures will be maintained, especially in relation to the construction of extensions and outbuildings and the erection of garden sheds and greenhouses.

SITES ADJACENT TO FORMER LANDFILL SITES

ENV59 Planning permission will not be granted for residential buildings within 50 metres, or for residential gardens within 10 metres, of the boundary of a landfill site producing, or with the potential to produce, large volumes of methane gas unless, following investigations, the applicant can safeguard the future users or occupiers of the site.

NOISE

PARTICULARLY NOISE-SENSITIVE DEVELOPMENTS

11.126 Some land uses are more sensitive to noise than others and should be protected. Noise levels are measured in units known as dB(A), decibels weighted to allow for the way in which the human ear responds to different sound frequencies. To indicate the equivalent continuous weighted noise level over a period of time, t, figures are given as dB._{LAeq,t. LAeq.t} is used to describe many types of noise and can be measured directly with an integrating sound level meter.

Dwellings, hospitals and schools shall be regarded as noise-sensitive developments. Offices, parks and playing fields shall also be treated as noise-sensitive where affected by noise levels above 60dB._LAeq(15 mins).

11.127 A distinction is drawn between those proposals for development which would bring people to noise and those which would bring noise to people. In the case of bringing people to noise, noise exposure categories can be used to assess the acceptability of a site for the proposed development. New noise-sensitive development should not be permitted where high levels of ambient noise are present unless satisfactory reductions in noise levels can be achieved. Where bringing noise to people is involved, the noise exposure categories are not applicable. This is because it is possible for conditions to be applied to protect incoming residential development from an existing noise source but in general developers are under no obligation to offer noise protection measures to existing dwellings that will be affected by a proposed new noise source. In addition, there would be no obligation for existing occupiers to take up such an offer and therefore no guarantee that all necessary noise protection measures would be put in place.

NEW NOISE-SENSITIVE DEVELOPMENTS

ENV60 When determining planning applications for new noise-sensitive development, the Council will consider carefully whether the new development would be compatible with existing land uses and activities.

In determining planning applications for residential development, the following noise exposure categories will be applied:

Noise source	Time	Noise exposure category (dB(A))
		A	B	C	D
Road traffic	Day	<55	55-63	63-72	>72
	Night	<45	45-57	57-66	>66
Rail traffic	Day	<55	55-66	66-74	>74
	Night	<45	45-59	59-66	>66
Air traffic	Day	<57	57-66	66-72	>72
	Night	<48	48-57	57-66	>66
Mixed sources	Day	<55	55-63	63-72	>72
	Night	<45	45-57	57-66	>66

If noise levels lie in Category A, noise will not be considered a determining factor in deciding planning applications although noise at the high end of the category will not be regarded as desirable.

If noise levels lie in Category B, noise will be taken into account when determining planning applications and appropriate conditions applied to ensure an adequate level of protection against noise.

If noise levels lie in Category C, planning permission will be refused except in exceptional circumstances.

If noise levels lie in Category D, planning permission will be refused.

Note: for noise exposure categories:

all figures refer to noise measured in decibels (dB.LAeq, t).For daytime t is 07.00 - 23.00 hours; for night-time, 23.00 - 07.00 hours.< means less than;> means more than.

11.128 When new development is bringing people to noise, new noise-sensitive development should not be permitted where high levels of ambient noise are present unless satisfactory reductions in noise levels can be achieved. Noise from roads is considered to be a particular problem.

11.129 The higher noise levels are, the more important noise is as a factor when considering development proposals. The noise exposure categories, which form part of Policy ENV61, are based on Government advice on noise levels for new residential development near existing noise sources. The categories provide a framework for establishing a policy on noise levels generated by different sources. However, in some cases it may be appropriate for these noise levels to be increased or decreased by up to 3d(B)A. "Mixed sources” refers to situations where noise arising from two or more sources must be considered. Noise from existing industry will be included in the totals for "mixed sources". Specific national guidance on internal noise standards in respect of each activity in each building should be used when considering the construction of new hospitals or schools.

NEW NOISE-GENERATING DEVELOPMENTS

GENERAL DEVELOPMENT

ENV61 New noise-generating development will not be permitted if the rating level would exceed the pre-existing background noise level by 10 dB(A) or more for existing noise-sensitive land uses. Where the increase in the noise level would be less than 10 dB(A), the developer will be expected to demonstrate that acceptable noise levels can be achieved.

11.130 Where new development is bringing noise to people, guidance has been derived from BS4142 (1997) on what might be acceptable noise levels. This is based on the level of noise likely to result in complaints. The maximum exceedence over previous background noise levels that is usually tolerated before complaints can be expected is around 10 dB(A), although an increase in 5dB(A) is marginally significant. In practice, an increase in noise levels of the higher order would mean a doubling of the loudness of noise in an area. Noise can be mitigated in a variety of ways; reducing it at source, for example using quiet machines or sound insulation; site layout or administrative practices, such as controlling hours of operation. Therefore, developers will be expected to demonstrate how they will manage noise levels approaching 10 dB(A) to bring them within acceptable levels.

MINERALS AND WASTE DEVELOPMENT

11.131 Mineral and waste development are examples of activities that are highly likely to generate complaints in relation to noise. The Council expects operators to demonstrate how they propose to minimise, mitigate or remove noise emissions at source using the best available techniques. Applicants will be expected to specify:

• noise reduction practices to be used;

• effects of those practices;

• noise-sensitive properties that may be affected;

• effects of the proposal on the noise sensitive properties; and

• proposals for noise monitoring.

Acceptable noise levels will vary in accordance with the existing noise climate around the proposed site and the time of day. In addition, there may be instances when particularly noisy short-term activities, for example soil stripping or the construction of baffle mounds, exceed noise limits for normal operations. This can be acceptable for temporary periods to attain specific long-term environmental benefits. In assessing noise levels in relation to new developments, the Council will have regard to preservation of tranquil areas identified as a national resource by the National Noise Strategy.

ENV62 Proposals for mineral and waste developments will be permitted in appropriate circumstances where the operator can demonstrate that noise levels at specifically identified noise-sensitive properties will not exceed:

1. Existing background levels by more than 10dB(A) subject to a maximum of 55dB _LAeq1h (free field) during normal daytime hours (07.00-19.00 hours)

2. ( Existing background levels by 10dB(A) in the evening (19.00-22.00 hours) subject to a maximum of 42dB_LAeq1h (free field) at night-time

Where tonal, peak or impulsive noise contributes to total site noise, the Council may impose specific limits for this element. Operators will be expected to use reversing bleeper warning systems that do not cause noise nuisance off-site. For particularly noisy short-term activities, the Council may permit a temporary increase in day-time noise limits up to 70dB(A)_LAeq1h (free field) at specified noise sensitive properties. In exceptional circumstances, a higher limit for a very limited period may be agreed, in order to obtain specific environmental benefits. However, operators will be expected to make every effort to deliver temporary works at a lower level of noise impact. Planning conditions will be used to apply absolute controls on noise emissions with limits normally being set at particular noise-sensitive properties.

< Previous Chapter | Top of page | Next Chapter >