5.57 Country Parks provide an opportunity for people to enjoy a number of informal recreational pursuits such as walking and picnics away from busy urban areas. The District Council and County Council are seeking to meet increased demand for such facilities and by concentrating visitors in specific, planned locations are reducing the risk of damage to agricultural property and sensitive wildlife habitats.
Coastal Water Recreation Facilities
5.60 The coastline and estuaries in the District have traditionally been used for a number of water- based activities. Whilst recognising the demand for new and improved facilities, particularly on the coast, the Local Planning Authority will seek to restrict such developments to existing urban areas or built-up locations. Proposals for coastal recreation facilities will be assessed against strategic policies contained in the Structure Plan, other policies in the Local Plan, including Policy EN3, and the main principles set out in Sport England’s Regional Strategy for Water Recreation.
5.61 The above coastal and estuarine areas are particularly sensitive locations which are of international importance for nature conservation. In addition, there are National Nature Reserves (NNRs) designated at Hamford Water and in the Colne Estuary. Policy EN11 in the Sustaining Our Environment Chapter provides further guidance on the protection of these important nature conservation sites.
5.62 In terms of their capacity to absorb new boat moorings and related facilities, various studies and estuary management plans have been produced. The Colne Estuary Boating Study (2001) emphasised the ecological and landscape sensitivities of the area and provides specific guidance on how to consider such proposals relating to boating activity and watersports. The recommendations from the study have been formally adopted by the Council as SPG. There is further reference to this study in the Brightlingsea Chapter.
5.63 Estuary management plans have been prepared for the Stour and Orwell (updated in 2003) and the Colne Estuary (1999-2000). These plans which are a material consideration in relation to considering planning proposals in these estuaries seek to provide a balanced management framework for the various users of these most sensitive areas.
Inland Water Recreation Facilities
5.64 It is recognised that other water-based recreation takes place on inland sites within the District, including sailing, angling and sub-aqua facilities at Ardleigh Reservoir and angling in various flooded sand and gravel workings. Ardleigh Reservoir also provides a site for bird watching and the breeding and ringing of wildfowl. Important biodiversity features may be present at some inland water sites. Any development in these areas must safeguard and where appropriate, enhance any such important biodiversity features. Ardleigh Reservoir is an important source of public water supply and any developments near the reservoir should avoid any consequential deterioration in the quality or quantity of run-off draining into the reservoir. Therefore, development proposals in the vicinity of Ardleigh Reservoir must also be carefully considered against the provisions of Policy COM18, which seeks to protect this important water resource. The District Council will liaise with the Environment Agency, Sport England and the relevant national governing bodies for watersports when considering proposals for the development of water recreation facilities at inland waters.
5.65 Sailing, angling, and sub-aqua pastimes are all activities that can usually be carried out on inland waters without causing undue harm to the local environment or amenity, as are bird watching, and the ringing and breeding of wildfowl.
5.66 Activities such as jet-skiing and motorboat racing are considered harmful to inland waters and the environment generally. They are not considered appropriate uses on inland waters.
5.66a Maintaining or enhancing the quality of surface, ground, river and sea waters and other water bodies is essential to protect nature conservation interests and public health. In the Tendring District, maintaining the quality of inland water recreation facilities, a river and sea water is also vital for recreation and tourism. In consultation with the Environment Agency, the Council will seek to ensure that water quality is safeguarded. Development will be resisted or strict controls imposed, where it could adversely affect water quality.
Contaminated Land
5.67 Contamination can have potentially serious risks and consequences to health and safety or the environment. It therefore needs to be carefully investigated and assessed before and during development. Tendring District does not have a legacy of heavy industry and there are relatively few sites where it is known that there may be a problem of soil contamination. The most significant ones are former gas works and landfill sites.
5.68 Where a site is contaminated, or there is a good reason to believe that contamination may exist pre-application discussions between the Council and the developer are encouraged. A developer will be required to carry out a thorough site risk assessment and submit a report on the findings to establish the nature and extent of the contamination. This will usually be in the form of an Environmental Impact Assessment (EIA). Consideration should be given to submitting a planning application and a pollution control permit in parallel.
5.69 The Council will encourage the re-use of contaminated land for appropriate development and as useful amenity and recreational space, but seek to ensure that there is no unacceptable risk to health and safety or the environment by ensuring that the developer implements all remedial measures necessary to make the land suitable for use as advised in PPS23 (Planning and Pollution Control).
5.69a The District Council’s Contaminated Land Strategy complements the planning process and provides a proactive system for the identification and remediation of land where contamination is causing unreasonable risks to human health and the wider environment. The inspection of the District as required by the Strategy will identify areas of potentially contaminated land which may be developed. Where appropriate, the Council may require suitable remediation of contaminated land to ensure that land is suitable for its intended future use and that further pollution does not occur during or after construction.
5.69b The Planning (Hazardous Substances) Act 1990 controls the presence of hazardous substances. The advice of the Heath and Safety Executive will be sought on the suitability of new development involving the storage, use or transportation of hazardous substances. Development will not be permitted where it would pose an unacceptable risk to people using the site or neighbouring land, or to the natural environment. Tendring District already contains a number of installations handling hazardous substances, including high pressure natural gas transmission pipelines. The advice of the Health and Safety Executive will be taken into account when considering proposals for new development in the vicinity of existing hazardous sites.
Air Pollution/Air Quality
5.69c The land-use planning system is integral to improving air quality and local authorities are required by the Environment Act (1995) to undertake a review and assessment of air quality in their area to identify areas where it is likely that the Government’s air quality objectives as set out in the Air Quality Strategy (2000) will not be met. Air quality in the District is generally good, although certain locations suffer from poor air quality. The Council is committed to maintaining and improving air quality through the system of Local Air Quality Management (LAQM). Where one or more of the air quality objectives is unlikely to be met, the Council must declare an Air Quality Management Area (AQMA) and draw up an Action Plan. Development proposals, which may have the potential to cause significant levels of air pollution or which may be affected by existing sources of air pollution may, depending on the circumstances, need to be restricted.
5.69d The Tendring District Local Plan 2007 is an important element in the achievement of air quality standards and objectives by directing new development to urban areas where the need to travel by car is minimised and by promoting alternatives to the car. The Plan also seeks to minimise the adverse impacts of air pollution by taking account of other emission sources such as industry and the location of developments that are sensitive to air quality.
5.73 In order to reduce air pollution and improve air quality, commercial firms will be encouraged to take steps to reduce emissions by providing secure cycle parking and changing facilities, using alternative “clean fuel” vehicles and providing bus transport for employees to and from the workplace. Such an approach is supported by policies in Chapter Seven: Sustainable Transportation.
Light Pollution
5.75 Where developments propose any form of external lighting the amenity of nearby land uses and the visual character of the area can be harmed. Lighting in the countryside and rural areas can have particularly serious detrimental effects if it is poorly situated, poorly designed or installed, or where light spillage is widespread. Light pollution is the popular name for sky glow, a brightening of the night sky and is rightly considered as pollution.
5.75a Artificial lighting can obscure the stars, introduce an urban character into rural areas, affect the setting of Listed Buildings and other heritage features, intrude on residential amenity and affect wildlife. In determining proposals involving an external lighting scheme such as lighting for security or operational purposes, consideration will be given to the impacts on residential amenity, highway safety, the dark night sky, areas and features of historic or landscape importance and wildlife. Schemes should involve the minimum amount of lighting necessary to achieve its purpose and should minimise glare and light spillage from the site. Measures might be required to screen the lighting from neighbouring areas.
5.76 Light pollution also represents an inefficient use of energy and a waste of natural resources contrary to the aims of sustainable development. Proposed lighting schemes should be the minimum needed for security, working purposes, recreational or other use of the land or site in question. Full details of lighting schemes including their impacts will be required to be submitted with any planning application.
Noise Pollution
5.77 Noise pollution can have a significant effect on both the natural and built environment and on the quality of life of individuals and communities. PPG24 (Planning and Noise) introduced the concept of noise exposure categories for assessing noise sensitive developments such as schools, hospitals and housing and the importance of controlling the location of new developments to ensure that land uses are compatible in terms of noise generation and sensitivity. New development that is noise sensitive such as housing should be located away from sources of unacceptable noise levels, whilst noise-generating development should be positioned so as not to pollute other sensitive land uses.
5.78 Consultation with the Council’s Environmental Services Department and other pollution authorities will be carried out in determining any application. The guidance contained in PPG24 will be used in establishing noise limits for particular developments.
General Pollution
5.79 Any deterioration in the quality of land, air or water resulting in negative impacts on health is capable of being a material planning consideration. The planning system therefore has an important role to play in protecting the built, natural and historic environment, biodiversity, local residents, businesses and the community from development that could give rise to pollution. Pollution can take many forms including solid, liquid and gaseous emissions to air, land and water. Pollution includes noise, vibration, smell, smoke and fumes, soot and ash and light that can all have a damaging effect on the environment and amenity. A development proposal likely to give rise to pollution may need to be submitted with an EIA.
Health Care Provision
5.80 The Tendring Community Strategy includes the aim “to save lives, promote healthy living and narrow the health gap”. The lead partner for this aspect of the Strategy is the Tendring Primary Care Trust (PCT) which leads the Health Strategy Group A three year local delivery plan (LDP) is produced and delivered by the PCT and is updated annually.
5.81 The LDP reflects the NHS Plan in a local context and also includes local objectives and targets that address the health needs of the Tendring population. The PCT has also identified certain “Strategic Health Issues for Tendring”, which include the very high proportion of people over the age of 65 (3rd highest PCT in the country), 3 electoral wards are within the top 10% of deprived wards nationally (as measured by indices of multiple deprivation) and the previous under investment in Primary and Community Services, which means much of the estate (buildings and premises) require modernisation.
5.81a The Government’s, Local Improvement Finance Trust (LIFT), initiative is a method of addressing under-investment in the health service whereby PCTs can bid for funding and support for modernisation. Tendring PCT has formed a partnership with Colchester PCT and made a successful application for LIFT funding. This will result in significant investment in primary and community health services in Tendring.
5.81b A Strategic Service Development Plan (SSDP) has been produced. This sets out a vision and strategy for the future development of services in Tendring and Colchester using LIFT funding. It is an evolving document that will be reviewed annually.
5.81c Improved health care provision across Tendring is supported by the Council and proposals for new and refurbished facilities will generally be welcomed provided that they comply with the requirements of Policy COM24.
Cemeteries and the Crematorium
5.86 The District Council is responsible for the management of cemeteries at Burrs Road, Clacton; Main Road, Dovercourt; Kirby Road, Kirby Cross; Walton Road, Walton; and the crematorium at Colchester Road, Weeley. The Council is also responsible for the maintenance of monuments and other memorials within these grounds.
5.87 A number of other cemeteries are provided by church authorities and/or Town and Parish Councils. A private, “green” cemetery is also provided at Wrabness where the site is managed by Essex Wildlife Trust.
Planning Obligations and Educational Provision
5.90 Development of land can create a need for the additional provision of services, infrastructure and facilities both on and off-site. In particular, housing development often generates the need for educational facilities and puts significant pressure on existing facilities creating need that cannot be met.
5.92 Section 106 agreements are an effective way of ensuring public services can keep pace with the private sector and that the relevant infrastructure can be put in place to meet demand. Section 14 (1) of the Education Act (1996) places a duty on Essex County Council (ECC) as the Local Education Authority (LEA) to ensure that there are sufficient school places available within its area for all those pupils who require them. The District Council will therefore consider the use of Section 106 agreements as part of the planning application process to obtain contributions towards the provision of school places where appropriate.
5.93 More detailed information on the levels of contribution being sought by the LEA can be found in the ECC Schools Service document 'Developer Contribution Guidelines' and the 'Schools Contributions from Residential Developments' SPG. This SPG was prepared by the Essex Planning Officers Association and was adopted by this Council in August 2004.
Telecommunications Equipment
5.94 Modern and effective telecommunications systems are vital to economic success at a local and national level. This is recognised by Government advice in PPG8 (Telecommunications). It can be important to the environment by reducing the need to travel, but the associated infrastructure can have some adverse environmental affects. The Tendring District’s open character is particularly sensitive to new telecommunication installations, as they require prominent sites for effective operation. Therefore, the impact of new structures will be considered against other environmental and site planning policies. Where appropriate, operators will be encouraged to share masts and if this is not an available option, evidence to support that position may be required to be submitted as part of any planning application.
5.96 Any telecommunications development should be sited and designed to minimise its visual impact. Telecommunications installations, which would have an adverse impact on sensitive areas such as AONBs, or Conservation Areas, will not be approved. Elsewhere, telecommunications installations will also be resisted if they have a significant and adverse visual impact, unless it is demonstrated to the complete satisfaction of the Council that there is no alternative site which is technically appropriate or environmentally more acceptable.
5.97 The Government supports the growth of telecommunications systems, including cellular radio, cable television and wireless broadband. With this approach, many telecommunications installations are covered by the Town and Country Planning Act (General Permitted Development) Order 1995 and do not require planning permission. They do however; require prior approval from the Council.
5.98 Even equipment that does not require planning permission can have a serious effect on the rural and open character of its surroundings, so the need for prior approval will allow the Council to ensure that these effects are minimised by careful attention to the detailed design and siting of the equipment.
5.99 Imaginative design solutions that are appropriate to the proposed location will be encouraged and may be considered acceptable by the Council as an alternative to refusal of planning permission or “prior approval”. For further advice on the procedures or need for planning permission or “prior approval” for certain detailed matters, developers/operators should contact the Council at the project planning stage.
5.100 The Government has published a Code of Best Practice on Mobile Phone Network Development (2002). The detailed discussion in that document about the provision of telecommunications equipment will be an important material consideration when the Council makes decisions on both planning and “prior approval” applications. In particular, the Council urges mobile phone operators to discuss annually and in advance their network development plans for the following year.
Safeguarding of Civil Technical Sites Owned by National Air Traffic Services Ltd. (N.A.T.S)
5.102 Within Tendring an important Technical Site is located in the open countryside north of Little Clacton and south west of Thorpe-le-Soken. The site is shown on the Proposals Map and the extent of the safeguarded area is shown at larger-scale in Diagram 4. Within the safeguarded area, certain planning applications will be the subject of consultation with the operator of the technical site. This may result in restrictions being imposed on the height or detailed design of buildings or on development, which might create a bird hazard. Further detail can be found in Circular 01/03.
Utilities
5.103 When major development projects are proposed extra pressure and strain may be placed upon existing utility provision. The adequacy of utilities and infrastructure can be a material consideration in deciding whether planning permission should be granted. The provision of gas, electricity, water and the sewage disposal facility services is important for the economic and social well-being of the community and the District Council recognises the importance of adequate provision. Where inadequate provision exists the onus will be on the developer to bring it up to the required standard.
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Before granting planning permission for development on large sites, the Council will examine the adequacy of the existing infrastructure. If the existing infrastructure is inadequate the Council will:
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5.104 Large sites will be those of at least 1 hectare. The right to connect to a sewer is a matter to be agreed between the developer and water authority, in this case Anglian Water Services. Policy COM29 will be implemented by consulting the relevant bodies prior to determining an application.
The Council will support proposals for underground power lines in conservation areas and other sensitive locations providing that they would not have an adverse affect upon nature conservation interests or archaeology.
5.105 As a result of the Government’s privatisation of the electricity distribution and generating industries, new planning procedures have been introduced for the development of new generating stations. The Council will ensure that any such proposals strictly accord with the planning requirements set out in Circular 14/90 entitled “Electricity Generating Stations and Overhead Lines” (or any document which may subsequently replace that source).
5.106 Overhead power lines can do much to spoil the appearance of the District where towers, poles and cables appear as alien elements in both rural and urban landscapes. Wherever possible and practicable, cables should be routed underground, including those directly associated with wind- farms, although it is recognised that the very high costs and disturbance which results from undergrounding high voltage electricity lines may only be exceptionally justified.
5.106a Tendring Hundred Water Services Ltd is responsible for water supplies throughout the District and the provision of adequate supplies of water for the needs of new development. Some properties in the rural areas derive their water supply from wells. The water company envisages a continuing increase in the demand for water and are preparing to meet these increases through provisions contained in its programme of capital projects.
5.106b Proposals for a reservoir extension and pumping station at Bockings Elm, Clacton are not going ahead. Therefore, an alternative site near St. Osyth will need to be identified during the Plan Period. Certain water supply sites are likely to become surplus to requirements during the Plan Period and will be available for redevelopment. In appropriate cases the sites of the above proposals are shown on the Proposals Map or relevant Proposals Map Insets.
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The Council will support proposals that provide for the maintenance and improvement of water supply infrastructure and services throughout the District, and will safeguard sites identified for future water supply development. |
DIAGRAM 4: CLACTON DVOR TECHNICAL SAFEGUARDING AREA
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© Crown copyright All rights reserved Tendring District Council, Licence No. 100018584 2005
5.109 Tendring Hundred Water Services have licensed quantities sufficient to meet anticipated demands until after 2024/25. The company’s licenses will, however, be reviewed by the Environment Agency who may decide that some reduction is necessary to reduce environmental impacts of abstraction.
Sewerage and Sewage Disposal
5.109a Planning controls will be imposed in respect of non-mains sewerage and associated sewage disposal aspects of future development so as to avoid environmental, amenity or public health problems which could arise from the inappropriate use of non-mains sewerage systems. For the purposes of Policy COM31a there is a clear hierarchy of preferred approaches towards the provision of sewerage facilities. This ranges from the use of existing foul sewerage systems first, through modern private sewerage treatment facilities, down to (private) septic tanks and cesspools as the least favoured option. Cesspools are the least sustainable option and are a potential hazard to the environment. Therefore, there are no circumstances when they will be permitted.
Coastal Erosion and Flood Protection
5.110 The forces of the sea are causing large parts of the coastal strip of East Anglia to erode, and the risk of flooding is a real threat. This is a natural occurrence that has been continuing for a number of years, the effects of which however can be profound and cause a threat to land and property. The District Council is working with The Environment Agency in order to assess the best ways of managing and controlling the impact of coastal erosion and flooding. In some cases, where works are carried out it may be necessary and appropriate to introduce soft or natural sea defences, which could include the creation of higher and wider beach profiles, the rehabilitation of salt marsh and/or the creation of wash lands behind existing sea walls. The objectives of such works will be to help maintain and enhance the important visual aspects of sea defences while providing opportunities to maximise nature conservation. The type of defence appropriate for a location will depend on a number of factors, including the type and rate of erosion, the nature of the land affected, nature conservation priorities and the length of coast concerned in the sedimentary system to which it relates. In some cases it may be necessary to prevent or restrict development.
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In order to maintain and enhance the interests of marine and coastal habitats the District Council will, where appropriate, require the use of soft engineering sea defences such as wider and deeper beaches or the rehabilitation of salt marshes, as a means of sea defence, rather than the installation of or raising of sea walls or other hard defences. Planning permission will not be granted for development, which would adversely affect the integrity of tidal or fluvial defences, unless the removal or alteration to those defences is necessary to achieve the purpose of the development. |
5.111 The Environment Agency is one of the key partners in a number of projects underway in the Essex area. One of these is the Essex Coast and Estuaries Coastal Habitat Management Plan (CHaMP). This is one of seven pilot CHaMPs produced as part of the European Union Life Natura Project "Living with the Sea”. This CHaMP was completed in October 2002 and considers the effects of sea level rise on coastal habitats, identifies the type and quality of replacement habitats required and makes recommendations to Shoreline Management Plans.
5.112 Along the coastline there is a potential for instability in certain locations and this will be a material consideration when assessing planning applications. Parts of the coastline are particularly vulnerable to erosion and there are areas of unstable cliff slopes especially in Walton, Frinton and Clacton. In this respect, the following policy will be used in the consideration of development proposals. The Council will also have regard to PPG14 (Development on Unstable Land) when making planning decisions in these locations.
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Permission will not be granted for development proposals and proposed changes of use of land along the coast where there is a significant likelihood of instability occurring on the land during the life expectancy of the development. |
5.113 The Environment Agency is developing Estuary Flood Management Strategies for the Rivers Roach, Crouch, Colne and Blackwater as part of the Essex Estuaries Strategy. These will identify the most socio-economic, hydrodynamic and environmentally sustainable means of providing flood management while ensuring legal obligations to protect and enhance protected environmental sites and habitats are met. This involves changes to flood defence strategies, including incorporating managed re-alignment in order to reduce pressures on higher priority defences. Further guidance on this matter will be found in the Estuary Flood Management Strategies and will feed into the Shoreline Management Plan. Habitat creation proposals will form part of any managed re-alignment project, further detail on which is included in the Environment Chapter.
5.113a All new development adjacent to the foreshore will be determined with regard to the provisions of the Essex Shoreline Management Plan 1997 or subsequent versions of this document, the intention being to ensure that new development is not located in areas which will require the provision of unsustainable coastal defences or contribute to habitat loss from coastal squeeze. Coastal squeeze is the loss for foreshore habitat, which is located seaward of coastal defences. As sea level rises, this habitat is lost or ‘squeezed out’ as the low water mark moves upwards and nearer to the sea defences. Coastal squeeze can be a significant contributory factor in the loss of foreshore habitat such as saltmarsh. Particular regard in this respect should be had to policies HG1, QL6, BR1 and BR3.