Chapter 6 Sustaining Our Environment
Aim: To protect the environment for the benefit of present and future generations.
Strategic Objectives
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to use the District’s and wider natural resources in a sustainable way;
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to protect and enhance the District’s diverse character and rich heritage;
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to ensure that new development is of a high quality, reflects local distinctiveness and fits in well with the size and character of existing settlements;
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to protect and enhance the natural environment of the District to ensure that the area’s biodiversity and landscape are enjoyed by future generations.
6.2a The Community Strategy for Tendring district has been developed by a partnership of local public, private and voluntary sector partners. The Local Plan gives effect to the spatial implications of the Strategy. Amongst other things it aims to secure the preservation and enhancement of the best features of the District that make it attractive. The four main ways the Plan sets out to achieve this aim are set out above as the Strategic Objectives for this Chapter. Protecting Tendring’s varied environment is important for its own sake and for our quality of life. Improving the quality of our towns, villages and countryside can also help economic prospects by encouraging more visitors, and business investors.
6.3 The policies of this Chapter are divided into three sections. Immediately below are those that provide overarching guidance for the protection of the District’s landscape, natural, historic and built environment. Next are the detailed policies to protect and seek enhancement of the natural environment and landscape, and finally are policies to protect and enhance the historic and built environment of Tendring District.
Protection of Landscape Character, Settlement Form, and the Natural and Built Environment
Landscape Character
6.4 Policy NR4 of the Structure Plan encourages the preparation of Landscape Character Assessments for District areas, to identify the particular character of different areas of the countryside. This is in accordance with Government Guidance in PPS7 (Planning Policy Statement 7: Sustainable Development in Rural Areas), PPS1 (Delivering Sustainable Development) and PPG15 (Planning and the Historic Environment). The Landscape Character Assessment approach is also part of the national framework set by the Countryside Agency and English Nature’s “The Character of England - Landscape, Wildlife and Natural Features” (1997). The protection of the landscape of Tendring is thus an overriding consideration. By protecting and enhancing landscape quality, the rural economy will also benefit as the countryside continues to be an attractive place in which to live and invest.
6.5 A Landscape Character Assessment of Tendring District (LCA) was carried out in 2001. It was prepared in accordance with best practice advice as promoted by the Countryside Agency in the “Interim Landscape Character Assessment Guidance 1999”.
6.6 The Assessment identified 30 different landscape character areas that make up the District, each being identified on a map. Each of the areas has an accompanying description of the nature and key characteristics of the landscape and an evaluation of landscape character and condition, (including a broad statement of sensitivity to change). It also includes a landscape management strategy and guidance for built development. Regard will be had to that guidance when applying Policy EN1. In all cases, landscape enhancement or restoration will be related to the actual development proposed.
6.7 The landscape is the result of both natural and man-made processes, including historic patterns of settlement. A policy approach based on landscape character assessment enables informed judgements to be made on what is and what is not appropriate development within a particular local landscape. Policy EN1 is therefore particularly concerned with the role of settlement and built development in the landscape. It focuses upon maintaining and enhancing landscape quality and local distinctiveness with the protection of the historic environment including the built heritage as a high priority. It identifies important natural features and views, and the individual character, identity, pattern and setting of settlement within the landscape. It is intended to complement specific landscape or countryside designation policies where these exist in the Tendring District Local Plan 2007.
6.8 Whilst this Policy will primarily apply to development proposals in the countryside and on the edge of settlements, any development proposal which could visually detract from key landscape or settlement characteristics of its surroundings would be considered contrary to Policy EN1. An example would be tall buildings that are within a settlement but may be intrusive in a sensitive skyline.
Local Green Gaps
6.9 Local Green Gaps have been identified in the Tendring District Local Plan 2007. Their primary purpose and function is to maintain separation between the main urban areas of the District. They also seek to maintain separation between urban areas and free-standing smaller settlements that surround them, or between physically separate built-up neighbourhoods. By conserving the countryside between residential settlements, local green gap policies aim to preserve the open character of these important breaks between settlements. This approach will also maintain the individual character and landscape setting of towns, villages and neighbourhoods.
6.10 Policy EN2 below seeks to reinforce countryside and settlement policies that resist inappropriate development encroaching into these Local Green Gaps. The Policy also draws attention to the important functions that those areas perform. The identification and importance of these Local Green Gaps in landscape setting terms is supported by the findings of the Tendring Landscape Character Assessment. In addition to their role in maintaining settlement separation, Local Green Gaps also have a positive role to play in urban containment and thus contributing, with other policies, to the more efficient use of existing urban land and infrastructure. Local Green Gaps can also play an important role in permitting the natural dispersal of flora and fauna. Within the Local Green Gaps, the Council will encourage the enhancement and improvement of public rights of way and existing leisure and recreational facilities, where this does not prejudice the wider purpose and function of Local Green Gaps.
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During the Plan period, land within Local Green Gaps, as defined on the Proposals Map, will be kept open, and essentially free of development. This is to prevent the coalescence of settlements, and to protect their rural settings. Minor development proposals may be permitted if they do no harm, individually or collectively, to the purposes of a Local Green Gap or to its open character. These may include the improvement of existing leisure and recreational facilities, and development for agricultural purposes. In Local Green Gaps, where resources and opportunities permit the Council will encourage the improvement of public rights of way. |
6.11 This land shown on the Proposals Map and Insets relate to the following settlements and the main function of those Local Green Gaps is as follows:
Clacton-on-Sea / Little Clacton
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Safegulactard the separate identity, character and openness of the setting of Little Con, particularly by protecting the undeveloped land either side of Centenary Way;
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Preserve and where possible enhance views from the settlements;
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Prevent further ribbon development in the London Road area between Clacton-on-Sea and Little Clacton; and
- Safeguard the open character of the Land either side of the Little Clacton Bypass.
Great Clacton / Holland-on-Sea
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Safeguard the unspoilt countryside gap between the railway line and Picker’s Ditch to maintain clear separation and distinction between the identity and character of Holland-on-Sea and the Burrsville area of Great Clacton; and
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Preserve views from both areas, and for train passengers, over this attractive wedge of rolling landscape.
West Clacton / Jaywick
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Maintain clear separation between West Clacton and Jaywick, and between Jaywick and Seawick, in order to safeguard their separate identities and character;
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Protect views from these areas over the open countryside; and
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Protect the amenity of the area for various formal and informal leisure and other recreational uses including Clacton Airstrip and Clacton Golf Club.
Dovercourt / Parkeston / Ramsey / Little Oakley
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Safeguard the remaining countryside gap between Parkeston and Dovercourt including Ramsey Creek Valley and its visual character;
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Preserve the attractive and extensive views across Church Hill, Ramsey;
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Safeguard the separate identity, character and rural setting of Ramsey Village; and
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Prevent further ribbon development on Church Hill.
Frinton / Walton / Kirby Cross / Great Holland / Kirby-le-Soken / Holland-on-Sea
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Safeguard the open countryside setting and coastal gap between Frinton, Great Holland and Holland-on-Sea;
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Protect the rural and undeveloped character of the Holland Coastal Slopes and Holland Haven;
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Safeguard the identity, character and rural setting of Kirby-le-Soken and Great Holland as free standing villages in the countryside; and
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Protect the remaining village character of Kirby Cross and its rural setting.
Lawford / Manningtree / Mistley
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Safeguard the open character of the important breaks between these settlements and between separate neighbourhoods;
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Preserve the attractive views from these settlements towards the Stour Estuary and Dedham Vale;
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Maintain the individual character of these settlements and their separate neighbourhoods;
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Prevent incremental coalescence between these settlements; and
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Prevent further ribbon development west of Lawford.
Little Clacton
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Preserve the remaining views into open countryside existing between the main built-up areas of the village;
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Prevent incremental coalescence or further ribbon development between the physically separate neighbourhoods of the village which would result in an inappropriate over-extended form of settlement pattern in the countryside; and
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Safeguard locally important visual breaks, existing village character and settlement form.
Coastal Protection Belt
6.12 Policy CC1 of the Replacement Structure Plan requires Local Plans to indicate an Essex Coastal Protection Belt. The area proposed for Tendring is shown on the Proposals Map and Proposals Map Insets.
6.13 The undeveloped areas of the Tendring coastline are of national and international importance for nature conservation. The Tendring coastline is also important for its special landscape qualities, historic and geological interest and its recreational value. However, development in connection with leisure and recreation could, if not properly controlled, undermine the special landscape quality, or the nature conservation, historic, and geological interest.
6.14 The purpose of the Coastal Protection Belt is to protect the unique and irreplaceable character of the Essex coastline from inappropriate forms of development. Open coastal areas are particularly vulnerable to visual intrusion due to the high visibility of any development on the foreshore, on the skyline, and affecting vistas along the stretches of undeveloped coast.
6.15 Government guidance in PPG20, Coastal Planning, is quite clear in respect of the coastal zone. Planning policies should resist development that does not have a functional need to be located in the Coastal Protection Belt in other words, development that does not require a coastal location. Although Tendring has a substantial coastline, there are also many inland areas where development can be accommodated, for both commercial and housing uses. Therefore, in the coastal zone, new development that could be located inland or in existing developed areas will not be permitted.
6.16 Where a proposed development has a proven need for a coastal location, consideration will also be given to the potential impact upon natural and built environment features, and the effect of proposed integration measures. If there is irreconcilable conflict, conservation and enhancement of the natural beauty of the countryside will take precedence.
Heritage Coast
6.17 These special coastlines are managed so that their natural beauty is conserved and, where appropriate, the accessibility for visitors is improved. Tendring District Council supports the initiative to secure the designation of the Essex coast as a Heritage Coast. This is being jointly developed by Essex County Council, Colchester Borough Council and Tendring District Council. The Heritage Coast status will formally recognise the cultural, heritage and landscape values of the coastal zone. It will afford greater protection to archaeology, wildlife and its habitats.
6.17a Tendring District Council is also supporting the proposal to create an Essex Heritage Coastal Trail under the wider scope of the SAIL (Sch_ma d'Am_nagement Int_gr_ du Littoral) project. The SAIL project is a transnational partnership of coastal and marine authorities and agencies bordering the Southern North Sea. The proposal will involve the creation of a shared use route from the Suffolk border to the Thames Estuary for walkers, cyclists, riders and disabled people with a substantial part of the Trail passing through Tendring District. The aim of the trail is to celebrate the unique cultural, historic and environmental elements of the Essex Coastline as part of a southern North Sea Regional Park by the creation of a recreational route to general local, national and European economic interest through tourism.
Protection of the Best and Most Versatile Agricultural Land
6.18 Large parts of rural Tendring contain the highest quality agricultural land that is the most adaptable to meet the changing needs of agriculture. Proposed changes to the use of the best and most versatile land are the most significant in terms of the national agricultural interest. Once built upon, this land is made permanently unavailable for agricultural use. Therefore, protecting this land is important for the economy of the District.
6.19 The most flexible, productive and efficient agricultural land is graded by the Department for Environment, Food and Rural Affairs (DEFRA) as being between 1 and 3a, with 1 being excellent and 3a being good.
6.20 Policy EN4 does recognise exceptional situations where an overriding need for a particular use may be considered on grades 1 to 3a land. With such applications, there is a statutory need to consult DEFRA when there is a potential loss of over 20 hectares. The views of DEFRA will be taken into account when dealing with such an application.
6.21 The Policy below will be applied in conjunction with the Council’s other policies in this Chapter to protect landscape quality. In particular, it is recognised that all agricultural land provides a valuable landscape resource, as well as having an important economic and ecological role. This policy supports other policies that direct new development to previously developed land or other sites identified for development within this Plan. Although the Council is keen to discourage loss of best and most versatile agricultural land, it recognises, in other policies, the economic importance of farm diversification projects.
Areas of Outstanding Natural Beauty
6.23a The 1949 National Parks and Access to the Countryside Act provides for the designation of Areas of Outstanding Natural Beauty (AONBs). These areas are precious landscapes whose distinctive character and natural beauty are so outstanding that it is in the nation’s interest to legally safeguard them based upon special policies for controlling development and encouraging proper land management.
6.24 The Countryside and Rights of Way Act (CRoW) 2000 strengthened the status of AONBs and placed new duties on local authorities regarding their conservation and enhancement. In planning terms, the designation is now equivalent to that of a National Park.
6.25 It is important to the Country’s natural heritage that these areas are protected from any development that would be likely to cause harm. The CRoW Act has created a new legal right of access on foot to areas of open, uncultivated countryside. The Act includes measures to protect AONBs, raise awareness of their importance at a national and local level, and places a statutory duty on local authorities to produce a Management Strategy.
6.26 There are two AONBs of importance for the Tendring district, and both these AONBs impact upon the management of the landscape and control of development. The first AONB is the Dedham Vale AONB that is located in the north-western part of the district. The second is the Suffolk Coast and Heaths AONB and although no part of this AONB is located within Tendring both Essex County Council and Tendring District Council are proposing that this AONB should be extended to cover the southern side of the Stour Estuary, between Mistley and Parkeston.
6.26a When considering planning applications that will impact on the Dedham Vale AONB and the area within the Tendring district that is proposed for extension of the Suffolk Coast and Heaths AONB, the Council will have particular regard to the Government’s advice in PPS7, namely that the primary objective of designation is conservation of the natural beauty of the landscape. The objective of designation as an AONB does not include the promotion of recreation, though the Government considers that these areas should be used to meet the demand for recreation so far as that is consistent with the conservation of natural beauty and the needs of agriculture, forestry and other uses.
6.27 In relation to major development, the Government states that developers must demonstrate that the project is in the national interest before it is allowed to proceed, and proposals must include an assessment of the need for a proposal, alternative locational options and whether appropriate mitigation of environmental impact can be achieved. For all development within AONBs, due regard should also be had to the economic and social well-being of local communities.
6.27a In accordance with section 85 of the CRoW Act the Council will have regard to the purposes of conserving and enhancing the natural beauty of the Dedham Vale AONB. It will also have regard to this purpose in the proposed Suffolk Coast and Heaths AONB extension to the South of the Stour. In addition, in keeping with Section 89 of the CRoW Act, 2000 the Council recognises that the Dedham Vale and Suffolk Coast and Heaths management strategies are formulated in relation to the management of these areas. This includes the proposed extension to the south of the River Stour.
Dedham Vale
6.28 The Dedham Vale AONB was designated in 1970. The conservation of this area is important to the County’s natural heritage, and it should therefore be protected from any development likely to harm its character. Within the limited resources available, the Council works with other local authorities, the Countryside Agency, statutory undertakers and landowners to protect and enhance this attractive landscape with its considerable historical and cultural associations.
6.30 Dedham Vale falls under the control of three Local Planning Authorities (Tendring, Colchester BC and Babergh DC) and two County Councils (Essex and Suffolk). The boundary of the AONB is shown on the Proposals Map and Proposals Map Insets.
Suffolk Coast and Heaths
6.32a The southern boundary of the Suffolk Coast and Heaths AONB runs along the northern shore of the Stour Estuary, which excludes Tendring’s estuarial frontage and does not reflect the high scenic quality of the landscape on the south side of this estuary. This area, on the southern shore, is included in the joint Character Area 82: Suffolk Coast and Heaths as defined by the Countryside Agency. It is also included in the Management Strategy for the AONB prepared by the Suffolk Coast and Heaths Unit as required by the CRoW Act 2000.
6.35a The Stour Estuary and the southern shore of the estuary were included in the Suffolk Coast and Heaths AONB Project, which started in 1993. Both Tendring District Council and Essex County Council have considered for some time that the existing Suffolk Coast and Heaths AONB should be extended to cover the southern side of the Stour Estuary, between Mistley and Parkeston. This is reflected and supported by Policy NR3 of the Replacement Structure Plan. In support of this Policy, the District Council has undertaken an assessment to define a detailed area for inclusion in an extended AONB as shown on the Proposals Map. The assessment demonstrated that the area is an integral part of the Stour Estuary landscape unit. The Tendring Landscape Character Assessment, the County Landscape Character Assessment as well as earlier studies also identified the area as an integral part of the landscape of the AONB to the north. Throughout the Plan Period, the District Council, Essex County Council and Suffolk Coast and Heaths Partnership will continue to work together to encourage the Countryside Agency to include the southern side of the Stour within the Suffolk Coast and Heaths AONB.
6.36 The area proposed for extension of the Suffolk Coast and Heaths AONB as indicated on the Proposals Map, is considered to be of comparable quality and character to the existing AONB by virtue of the following attributes;
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Rural character with steep wooded and agricultural slopes enclosing and containing the open water, saltings and mudflats of the estuary;
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Tranquil and predominantly undeveloped character extending to the water’s edge;
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Views to and across the open water of the estuary and forming a distinctive backdrop for views from the open water and the northern estuary slopes in Suffolk;
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Historic port settlements including Mistley and Manningtree providing important landmarks;
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Estuarine and intertidal habitats forming a part of the Stour Estuary Special Protection Area (SPA) of international importance for wading birds and wildfowl;
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Presence of large houses and associated designed landscapes including Nether Hall and Wrabness Hall.
6.37 Although the area of land to which Policy EN5a applies is not A.O.N.B. the Council feels that it is an area of countryside where it is particularly important to protect the natural beauty of the local landscape. Therefore within and adjoining the area concerned there should be special care in the exercise of development control. In this respect to Policy NR3 of the Replacement Structure Plan will also be applied to all new development proposals within the proposed extension area.
Planning for Biodiversity
6.38 The term biodiversity is used to describe the variety and complexity of living organisms and the ecological network of which they are part. It is a core objective of this Plan to “Protect and enhance the natural environment of the District to ensure that the area’s biodiversity and landscape are enjoyed by future generations”.
6.39 The District, with its predominantly rural character and unspoilt coastline, supports an important biodiversity resource.
6.40 Policy EN6 refers to nature conservation features that contribute to maintaining biodiversity. They include species and their habitats, geology and geomorphology (geodiversity) and features that provide links between habitats such as wildlife corridors. In particular, the Council will have regard to the features that are highlighted in the Essex Biodiversity Action Plan (BAP) when determining planning applications.
6.41 All development proposals affecting biodiversity, directly or indirectly should include an assessment of the impact of the proposed development upon biodiversity and details of proposed measures to protect, enhance and limit impacts on the features that contribute to the District’s biodiversity.
6.42 Exceptionally, the Policy will allow development that does not preserve or enhance features of biodiversity. The Council will only do so where it considers that there are very important local, regional or nationally important planning benefits to be achieved by allowing the development. It will be for an applicant to demonstrate these benefits as part of the planning application. Where the loss of features of biodiversity is permitted, appropriate compensatory measures must be included with the development proposal. Planning conditions or legal agreements will be used to secure these, and their maintenance, for the longer term.
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Development proposals will not be granted planning permission unless the existing local biodiversity and geodiversity is protected and enhanced. In exceptional circumstances, where the planning benefits are considered to outweigh the protection or enhancement of local biodiversity and geodiversity, appropriate compensating measures to outweigh the harm caused by the development must be provided. Where appropriate, conditions or planning obligations will be sought to protect the biodiversity interest of the site and to provide appropriate compensatory or mitigation measures and long term site management, as necessary. |
Protected Species
6.42a The Wildlife and countryside Act 1981 gives statutory protection to many animal and plant species, including badgers, bats, otters, barn owls and great crested newts, irrespective of whether planning permission has been granted. The Protection of Badgers Act, 1992 gives badgers and their setts additional protection. A license is required to permit interference with a sett in the course of development. This also applies to the use of machinery within 30 metres.
6.42b Statutory protection is afforded to seals through the Conservation of Seals Act 1970, although the degree of protection is periodically amended through various Conservation of Seals (England) Orders. Given that the orders remain in force for specified periods, it is important that any reference to the Act is qualified by further reference to any orders, which may be in force at any particular time.
6.42c Certain species, including all bats, otters and great crested newts are also protected under the Habitats Regulations 1994, whereby it is an offence to deliberately capture, kill or disturb these species or damage or destroy their breeding site or resting place. Developments affecting these protected species also require a licence from the Department for the Environment, Food and Rural Affairs (DEFRA), irrespective of whether planning permission has been granted.
6.42d The Council in considering development proposals likely to have an adverse impact upon protected or nationally rare species liaise with English Nature. In exceptional cases when planning permission is granted contrary to policy EN6a the Council will seek to impose conditions and/or enter into planning obligations to minimise adverse effects and will allow for the continued survival of the species.
Habitat creation
6.42e In some instances development on sites that have no particular wildlife value can potentially benefit biodiversity. This can be achieved through habitat creation, or by making other land available for public enjoyment. It can be a simple scheme based on appropriate planting, or a comprehensive scheme including provision for public access. The District Council will seek to identify opportunities for habitat creation when considering proposals. Particular emphasis will be given to the creation and/or restoration of habitats listed in the Essex Biodiversity Action Plan.
Mineral Resources
6.43 Planning applications for the winning or working of minerals (quarries) are dealt with by Essex County Council and therefore the degree of influence the District Council can have is limited to giving observations on those applications and providing responses to consultations on reviews of the Essex Minerals Local Plan. However, Government advice on the preparation of development plans is that they should aim to prevent unnecessary sterilisation of areas of high quality mineral resources when decisions are taken on the location of development.
6.45a The County Council has an Adopted Minerals Local Plan. This plan identifies areas to guide the location of mineral workings across the County. The County Council is committed to monitoring mineral working across the County, reviewing and keeping policies up to date, and the enforcement of planning control at operational quarries. The Minerals Local Plan forms part of the development plan for Tendring and will be used to guide local planning decisions on matters relating to mineral extraction.
6.46 Minerals are a finite natural resource and, aggregates especially, are essential to wider society as the key raw material of new buildings. Other minerals are essential for a variety of manufacturing purposes. Therefore it is an objective of planning policy to ensure that the potential to exploit minerals is not unnecessarily prevented.
6.47 Therefore Tendring wishes to ensure availability and minimise pressure to exploit resources in more environmentally sensitive areas. Thus proposals that would sterilise or prejudice the extraction of known supplies will not be permitted. New development that is close to or adjoining mineral resources could prejudice extraction because of the need to protect that new development from the disturbance caused by mineral extraction, such as noise, dust, traffic movements and landscape impact.
Enhancement of the Natural Environment and Landscape
Historic Landscapes
6.48 Protecting and enhancing the landscapes of the District are an important objective for the Plan. The features, both natural and man-made, that contribute to the special character of the District’s landscapes must be protected individually for the overall character to be maintained. Many of these features are protected under legislation or are otherwise recognised for their contribution to the appearance of an area or as a habitat for certain species of wildlife. The historic dimension to landscapes must be recognised by proposals for development. Landscapes have evolved over hundreds of years.
6.49 Ancient woodlands are those that have been in continuous existence since before 1600. They contain a wide range of flora and fauna, much of which can only be found on woodland sites e.g. bluebells and wood anemones. It is impossible to recreate ancient woodland habitat, with its complex interrelationships of plants and animals, geology, soils and nutrient cycling systems as well as cultural and historic values. All ancient woodland over two hectares is recorded in the Ancient Woodland Inventory (see Appendix 5).
6.50 Trees and hedgerows are two of the most widely valued features of our environment. The Council has a statutory right to use Tree Preservation Orders in order to protect the most valuable specimens, whilst the Hedgerow Regulations (1997) safeguard certain historic hedgerows in the countryside. Ancient and veteran trees and hedges are an important part of the district’s culture and landscape heritage. They have resonated with the history of the landscape and form markers in the lives of individual people and communities. In addition, mature trees and hedges particularly provide valuable habitats for a range of wildlife are of important visual value and enhance the quality of the environment. Hedges and trees also provide shelter and help reduce atmospheric pollution and noise.
6.51a It is important that there is no further loss of ancient trees and hedges through development pressures, mismanagement or poor practise. This Council therefore feels strongly that any development that would result in the loss of or damage to such hedges and trees will not be granted planning permission. To summarise, planning permission will not be granted for development that would have an adverse impact upon the physical appearance, landscape character or historic or archaeological interest of Historic Landscapes, including the ancient woodlands, trees, hedgerows and other physical components which are essential features of these landscapes. These landscapes are protected by policy EN1.
Historic Parks and Gardens
6.51 Historic parks and gardens comprise a variety of features - the open space itself, views in and out, the planting, water features, built features,and archaeological remains. There is a need to protect such sites and their settings from new development that would destroy or harm the historic interest, and to encourage sympathetic management wherever possible.
6.53a The Essex County volume of the English Heritage Register of Parks and Gardens of Special Historic Interest in England contains three entries for Tendring: St. Osyth Priory, Thorpe Hall (Lady Nelson Home) and Clacton Seafront Gardens that was designated in 2002. Each garden is classified as Grade II. The extents of these gardens are shown on the Proposals Map and Proposals Map Insets and further details are included in Appendix 6.
6.54 Not only should the Gardens included in the National Register of Historic Parks and Gardens by English Heritage be strongly protected from harmful development, but all parks and gardens with significant character should be protected. These are currently being identified by the Essex Gardens Trust and will be included in their Inventory of Historic Designed Landscapes of Importance. This Council will not permit development which would adversely affect the appearance, historic character or setting of sites included in the English Heritage Register of Parks and Gardens of Special Historic Interest or gardens included in the Inventory of historic designed landscapes of importance compiled by the Essex Gardens Trust. Policy EN1 refers.
Protected Lanes
6.55 Protected Lanes are designated by Essex County Council in order to preserve the traditional character, historic value and landscape value of lanes. These lanes have evolved over hundreds of years rather than having been designed or constructed in engineering terms. These protected lanes are listed in Appendix 7 and identified on the Proposals Map and various Proposals Map Insets.
6.56 The ditches, hedges or banks that form the road boundaries may reflect long vanished field systems or be the result of repeated ploughing, and the verges are often of botanical interest. The lanes also have an amenity value based on the variety of verge widths, lynchets, banks, ditches and other features. The Replacement Structure Plan acknowledges the historic and landscape value of certain lanes within the countryside in Policy NR5 whilst policy EN1 addresses this issue within the Local Plan.
6.56a This Council will not permit development that would have an adverse effect upon the traditional landscape and nature conservation character of roads designated as protected lanes, including their associated verges, banks and ditches. In addition, proposals that would adversely affect the physical appearance of protected lanes, or give rise to a material increase in the amount of traffic using them will also not be permitted. Policy EN1 refers.
Protection of Sites Designated for their Nature Conservation, Geological or Other Scientific Value.
6.57 The importance of the Tendring District for nature conservation and other scientific interest is reflected in the high number of international, national and local designations. The objectives of the Government and the County Council are to ensure that the planning process positively assists the conservation of the abundance and diversity of wildlife. Through the local planning process, the District Council supports these Government and County Objectives.
6.58 The Council is committed to protecting sites of international, national and local nature, geological and other scientific interest. The designated sites to which Policy EN11 relates are shown on the Proposals Map and Proposals Map Insets. A list of the designated sites is contained in Appendix 8.
Sites of International Importance
6.59 Ramsar Sites, including the Stour and Orwell Estuary, are designated under the International Convention on Wetlands of International Importance especially as Waterfowl Habitat (the Ramsar Convention). Ramsar Sites are designated because they contain representative, rare or unique wetland types, or they are sites of international importance for conserving biological diversity.
6.60 Ramsar sites enjoy the strongest level of policy protection and developments which would adversely affect such sites must meet the stringent test set by European Legislation. Such developments require Environmental Impact Assessment and are only likely to be considered for development if no alternative sites exist and an overriding public interest has been demonstrated.
6.61 The UK is of major international importance for several groups of birds. These include: breeding seabirds, wintering and passage wildfowl and waders, birds of Britain’s distinctive uplands, and birds of the Caledonian pine-forest. A high proportion – in some cases all – of the national and international populations of such species utilise the UK Special Protection Area (SPA) network. SPA sites are classified in accordance with the EC Birds Directive to protect birds and their habitats. There are three that could be affected by development within Tendring: (i) Colne Estuary, (ii) Stour and Orwell Estuaries, and (iii) Hamford Water.
6.62 Special Areas of Conservation (SAC) are designated under the EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive). They are designated for the protection of habitats and (non-bird) species and include types and species that are considered to be most in need of conservation at a European level. A selection of these habitats and species are given priority status in the Directive because they are considered to be particularly vulnerable and are mainly, or exclusively, found within Europe.
6.64a Within Tendring, the Essex Estuaries SAC will impact upon development proposals. This is a large estuarine site covering a large part of coastal Essex, and is typical of an undeveloped, coastal plain estuarine system with associated open coast mudflats and sandbanks. The site comprises the major estuaries of the Colne, Blackwater, Crouch and Roach rivers and is important as an extensive area of contiguous estuarine habitat. The mudflats and sandflats that are not covered at high-water are another important factor in the designation of this SAC. All of the sites of international importance are indicated on the Proposals Map and Proposals Map Insets.
Appropriate Assessment
6.64b In accordance with guidance this Local Plan has been the subject of an Appropriate Assessment (AA). The AA considered the impact that the Local Plan with regard to the conservation objectives of the three SPAs and one SAC that lie within the district. Accordingly, relevant parts of the Local Plan have been amended to address the relatively few issues raised through the AA process. In addition, as a result the Local Plan now provides some guidance on development proposals that would, or might be deemed to require, an AA as an integral element in the submission and determination of a planning application.
6.64c To ensure that the requirement for an Appropriate Assessment is fully considered in determining planning applications, A Code of Practice will be developed in partnership with Natural England, to provide clear guidance to the factors that should be considered in establishing whether a proposal would require an Appropriate Assessment. This guidance will be developed in accordance with Natural England’s guidance note on determining the likely significant effect of a proposal on international sites. Additionally, the development control checklist must ensure that the need for an Appropriate Assessment is explicitly considered.
6.64d The cumulative impact of development in the district has the potential to have an adverse effect on the integrity of international sites so there is a need to monitor the activities in and around them. Monitoring and survey work would seek to identify annual trends in the condition of site features (for example annual numbers of wader bird species) and the level and location of human activities in and around international sites, such as dog walking. Additional factors will include access points to international sites and the effects, frequency and duration of activities (for example seasonal levels of foreshore recreation). The provision of visitor surveys relating to international sites is likely to form a crucial element of this work, in clarifying why people visit the site and specifying the extent of their activities during their visits. On the basis of monitoring and analysis, site management provisions may need to be developed to ensure that human activities do not threaten the integrity of international sites. Such measures may include the use of byelaws, guidance notes, seasonal closures or physical controls (such as fencing sensitive areas etc).
6.64e The development of a monitoring programme and subsequent management measures will be developed in partnership with Natural England, along with the participation of the other local authorities fringed by the international sites, and involving appropriate interest groups, to ensure that the overall monitoring of effects and management actions are consistently applied.
6.64f An example of an issue in the implementation of housing policy, relates to the effect of domestic cat predation on the ground nesting of bird species (such as the Little Tern) which seasonally takes place on two of the international sites: The Colne Estuary Special Protection Area (SPA) and the Hamford Water SPA. Increase in housing numbers within 1km of these sites has the potential to have an adverse effect so consideration may need to be given to minimise this likelihood in the limited occasions where new residential development was located in close proximity. Again, this matter should be addressed in a Code of Practice.
Nationally Important Sites
6.65 Sites of national importance should also be protected against development unless the reasons for the development clearly outweigh the importance of the site in national terms. NNRs are declared under Section 19 of the National Parks and Access to the Countryside Act 1949 or Section 35 of the Wildlife and Countryside Act 1981. NNRs contain examples of some of the most important natural and semi-natural ecosystems in Great Britain. They are managed to conserve their habitats, providing special opportunities for scientific study of the habitats, communities and species represented within them. Wherever possible, access by the public is encouraged. Local examples are Hamford Water, and in the Colne Estuary, Colne Point and Brightlingsea Marshes.
6.67a SSSIs are notified and designated under section 28 of the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way (CRoW) Act 2000). The designation is the main site protection measure in the UK. All SPAs, Ramsar Sites, SACs and NNRs have first to be notified as SSSIs. These nationally important sites are indicated on the Proposals Map and Proposals Map Insets.
Regional/Locally Important Sites
6.68 Local Nature Reserves (LNRs) are designated by local authorities under section 21 of the National Parks and Access to the Countryside Act 1949 for the same purposes as NNRs, but because of the local rather than the national interest of the site and its wildlife. LNRs are shown on the Proposals Map and Insets.
6.69 Non-statutory Nature Reserves are established and managed by a variety of public and private bodies’ e.g. county wildlife trusts or the Royal Society for the Protection of Birds. A number of these Reserves exist in Tendring as listed in Appendix 8. County Wildlife Sites (CoWSs) have been identified by the Council because of certain nature conservation issues of local importance as notified by the Essex Wildlife Trust. These sites are indicated on the Proposals Map and Proposals Map Insets and a full list is set out in Appendix 8.
6.70 Development that would have an adverse effect upon any of these non-statutory nature reserves will not be granted planning permission unless mitigation or compensatory action is proposed which is appropriate to the status of the affected site. It will be for an applicant to demonstrate that the development would not adversely affect the value of a site or that mitigation or compensation is sufficient to outweigh the harm. Therefore, an assessment of the impact of the proposed development upon these interests must accompany development proposals.
6.73a The Council has produced SPG for nature conservation. This was prepared by the Tendring Nature Conservation Advisory Group in association with the Council. Published and adopted in 1996 it provides more detailed guidance on aspects of nature conservation. The degree of protection given to sites will be appropriate to their international, national, regional or local importance. PPS9 “Biodiversity and Geological Conservation” and Circular 06/2005 provide guidance on the status of such sites.
6.74 Core Policy QL12 sets out the Council’s approach to the use of planning obligations as a tool for securing measures that may be required to mitigate or compensate for adverse impacts or loss of natural resources. Where appropriate, planning obligations will be sought in order to secure environmental enhancements, including the provision and long term management of open space and nature conservation features. Policy QL12 will therefore apply in addition to Policies EN11a, EN11b and EN11c below.
Built Development
6.75 The remaining part of this Chapter focuses on specific considerations that arise in connection with built development proposals, both at sites within the urban, and built up, areas of Tendring but also the much larger areas of open countryside.
Design Statements for Large Development Sites
6.76 The Department of communities and Local Government (DCLG) Circular 01/2006 “Guidance on Changes to the development Control System” introduces the requirement for most planning and listed building applications to be accompanied by a Design and Access Statement. This requirement is under Section 42 of the Planning Compulsory Purchase Act 2004
6.77 One statement should cover design and access, allowing the applicant to demonstrate an integrated approach that will deliver inclusive design and address a full range of access requirements throughout the design process. More details about the requirements for and content of design and Access statement can be found in Section 3 of the DCLG Circular 01/2006.
Village Design Statements
6.78 The Council will assist other bodies and agencies with the preparation of village design statements as resources permit. Such statements will include detailed consideration of village design identifying key characteristics that should be reflected in new development. This will include a reflection of the needs for particular facilities in those communities. Where these Design Statements have been prepared the council will have regard to them when determining planning applications. Particular regard will be had to the advice within the guidance published by the Essex Rural Community Council of Essex. Where these are prepared the Council will consider adopting them as SPID.
Water Conservation
6.79 The Tendring District has very low rainfall and is not self-sufficient in terms of providing water for its population. Approximately two thirds of Tendring’s water supply is taken from underground sources outside the District. The River Colne at Colchester and Ardleigh Reservoir provide the rest.
6.80 It is important that water resources in the District continue to be protected for present and future generations and used efficiently to make the maximum use of the resource and to reduce the need for major new water storage facilities and related infrastructure.
6.81 The Replacement Structure Plan contains policies with regard to the location of new development generally. These include Policy CS2 (8) which states that the demand for water resources will be managed by controlling the location, scale and phasing of development. Development should be in locations where adequate water resources already exist, or where the new provision of water resources can be made without adversely affecting the environment, and where it coincides with the timing of the development. Policy H3 (5) of that Plan provides that development should not proceed ahead of secure and sustainable water supplies. Each of these issues would be considered on a site by site basis when planning applications are received.
6.82 Every opportunity should be taken to build water efficiency into new developments, and innovative approaches should be encouraged. This can range from low flow taps and water butts to advance rainwater harvesting for larger developments. Advice regarding water efficiency measures can be obtained from the Environment Agency’s Demand Management Team. The Environment Agency further promotes the concept of Sustainable Drainage Systems (SuDS) and expects all development greater than 1 hectare to include a surface water strategy as part of the Flood Risk Assessment accompanying applications. Government policy (in Annex F of PPS 25) strongly promotes and encourages the use of SUDS in new development, including through development plan policies SuDS encourage implementation of practices within new development to minimise polluting impacts and provide a method of alternative run off that could otherwise lead to flooding. An additional benefit with regard to SuDS is that they can improve the filtration of water into ground and help long term water conservation at some sites. Sustainable drainage systems are also intended to improve water quality, reduce flooding and protect water resources and natural habitats. The Council will expect applications for planning permission to provide details of appropriate sustainable drainage systems. In addition, when designing sustainable drainage systems, applicants will need to consider the question of adoption and the future maintenance of such drainage systems.
6.83 The Replacement Structure Plan stresses the importance of locating development in places that have existing adequate water supplies or where provision for water resources can be made without adverse affects on the environment. Policy NR12 of the Replacement Structure Plan sets out criteria to which proposed development should adhere regarding protecting water resources. As this forms part of the development plan for planning decisions in Tendring District, the Council will need to be satisfied that proposals satisfy its requirements in addition to Policy EN13 below.
Conserving Energy and Promoting Renewable Energy Sources
6.84 Conserving energy will ensure more efficient and sustainable use of limited natural resources. It will also reduce harmful pollution caused by burning fossil fuels. Planning for more energy efficient patterns of land use and development will help to reduce future energy demand.
6.85 Although the Building Regulations deal with detailed building construction and insulation, considerable energy efficiencies can be made through siting, orientation, massing, design and layout of buildings, both new-build and conversions.
6.86 PPS 22 stresses the benefits of renewable energy in addressing global concerns but also the careful way in which they should be planned at a local level to reduce the environmental effects of their location. This guidance stipulates that local planning authorities have an important role to play in the implementation of appropriate renewable energy schemes. In particular PPS22 emphasises the requirement to have a Local Plan policy to address renewable energy planning applications. Policy EN13a seeks to facilitate renewable energy opportunities whilst safeguarding important interests.
6.87 In pursuit of the planning objective of supporting the principle of renewable energy the Council supports Policies EG2 and EG4 of the Replacement Structure Plan. These policies are “Renewable Energy Schemes” and “Energy Conservation” respectively.
Waste and Recycling
6.88 The County Council is responsible for planning for waste disposal and adopted the Essex Waste Local Plan in September 2001. Generally this encourages minimisation, reuse, recycling and use of waste as a fuel as preferable approaches to disposal. It regards the transportation of waste to landfill as a last resort and endorses the proximity principle whereby waste should be dealt with as near as possible to its source. The Waste Local Plan forms part of the Development Plan for Tendring when the County Council determine planning applications for waste related redevelopment.
Landscaping for New Development
6.96a Landscaping can significantly enhance the environment by softening or complementing development, and with time lessening the visual impact of buildings on their surroundings. Although the visual impact of development can be softened by careful landscaping schemes, this does not mean that proposals for development that are inappropriate in planning terms will be given planning permission.
6.97 Care will be needed to ensure that the form of landscaping proposed is appropriate to its location. Indigenous tree species should be a dominant feature in new planting schemes, especially in rural and edge-of-settlement locations. Advice is available from the Council and should be sought at the earliest opportunity to ensure that landscaping proposals are fully integrated with development proposals, and make the best use of existing site features. The Council will give careful consideration to the location and form of landscaping so that if necessary, balancing facilities can be incorporated into the scheme to aid the proper drainage of the site.
Agricultural Related Development
6.98 The erection of new buildings or extensions to existing ones, to be used for agricultural purposes is development that may require planning permission. Similarly, the change of use of land, or erection of a building that is not directly for the purpose of agriculture, such as an abattoir, is development that will require planning permission.
6.99 Support services located on sites outside of the farm holding’s curtilage, despite having agricultural functions may have detrimental effects on the surrounding environment. Examples include agricultural machinery firms and processing industries in large buildings that have the potential to create smells, noise, large volumes of effluent and heavy demands for water if not properly controlled. Also the visual impact of the use or building upon the local landscape and countryside character will be an important consideration.
6.100 However, the Council also recognises that agriculture is a vital part of the local economy. Development that secures the continued viability of local farm holdings will, in principle, be supported provided detailed concerns about size, siting and design can be resolved.
6.101 Proposals for farm buildings or their extension must be reasonably necessary for the purposes of agriculture within that unit. This is to ensure that any impact on landscape character or openness is minimised and will be considered in addition to detailed matters of size, siting and design.
6.102 For the most part, agricultural support activities that is not ancillary to agriculture and not directly dependent on a farm holding are best located in existing settlements or in suitable existing buildings within the countryside provided there would not be an adverse visual or other impact on amenity.
6.103 New buildings and associated development that is permitted on farm holdings must be of an appropriate design and scale and should not conflict with safeguarding the landscape and countryside character of the locality. The Tendring District Landscape Character Assessment, volume two, contains guidance for built development. This guidance will be an important material consideration when determining applications for all development within the rural environment.
Conservation Areas
6.104 There are 20 Conservation Areas that make an important contribution to the high quality of the built environment within the District (see Appendix 9). Local Planning Authorities are required to designate Conservation Areas in areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. The designation of Conservation Areas aims to protect these areas from harmful development, including advertisements, which neither enhances nor preserves the character of that Conservation Area.
6.105 Although many Listed Buildings are included within conservation areas, it is not just these buildings and structures that Conservation Areas aim to preserve. The character of an area is made up not only by its individual buildings, but their relationship to each other and the “sense of place” that they create.
6.106 The Council will, following appropriate consultation, from time to time, designate or modify Conservation Areas in recognition of notable historic, architectural, townscape and landscape character. Prior to such designations it will consult the local community. The Council will also use its powers to remove the normal rights to carry out certain building work, from land within conservation areas. It will do this where it considers such action is necessary to protect certain attributes of that Conservation Area.
6.107 The Council has produced Conservation Area Character Appraisal for all the districts Conservation Areas, which highlight the main features of architectural or historic interest that need to be preserved or enhanced within the designated area. The Appraisals also indicate features that detract from the character, and features that could be enhanced .
6.108 This process allows the area’s character to be “defined” and any proposals for development within Conservation Areas would have to preserve or enhance that definition of character. In March 2006 a series of Conservation Area Character Appraisals were adopted by the Council under the provisions of Planning (Listed Building & Conservation Areas) Act 1990. These documents will be an important “material condition” when determining planning and other applications for proposals within, or that effect, Conservation Areas .
6.109 It is the duty of the Council to protect areas of architectural and historic interest from the effects of “harmful development”. Built-form that would prejudice the wider character and visual appearance will only be permitted in exceptional circumstances.
6.110 Using its development control powers, the Council will seek to maintain features of architectural or historic importance and features that make an important contribution to the character of the area as identified within Conservation Area Character Appraisals. Where features at present harm the character of the Conservation Area improvements will be sought. However the Council will not allow such development if it considers that there has been deliberate neglect of a property or an area with a view to seeking a more favourable response to redevelopment in the longer term.
6.111 The character of an area is made up not only by individual buildings but also their relationship to each other and the sense of place that they create. The setting of a building is therefore a material consideration when assessing the suitability of development proposals in Conservation Areas. It is vital that new structures and buildings complement and enhance the surroundings. Buildings and extensions that are of a size, bulk, layout or siting which causes loss of important spaces that have an important role in defining the character of a Conservation Area will be refused planning permission. Wherever possible, statutory undertakers and developers will be encouraged to place wires and cables underground and reduce the number of supporting poles and structures.
6.112 Certain modern advertisements, including hoardings, sign boards and fascia boards, can be highly discordant features that detract substantially from the character of conservation areas. They can also have a dramatic adverse effect on all other parts of the district if they are not of a proportionate size and design. In some locations, both in conservation areas and other areas, an advertisement may not be acceptable at all.
6.113 The Council has extensive powers to control new advertisements, including the ability to require landowners to remove them after certain periods of time. The policies below (EN18, EN18a and EN18b) provide advice for advertisements in conservation areas, but also for all other parts of the district.
6.114 Many of the District’s conservation areas include town or village shopping centres. Commercial activity and conservation principles need not conflict with one another and well designed alterations to shops, especially their fronts and fascias, can help retain character whilst providing adequately for the modern needs of retailers and consumers. Essex County Council has published guidance documents on shop fronts, fascias and lettering styles. These documents will be important material considerations when the Council makes decisions on planning applications.
6.115 Another issue that has been more significant in past years is the installation of domestic satellite dishes for television reception. These very prominent features of the modern technological age can be quite jarring features if not properly sited. In conservation areas these will be permitted if steps are taken to minimise the visual impact. Policy EN25 provides policy guidance on this.
Demolition within Conservation Areas
6.116 Designation as a Conservation Area gives the Council additional controls over demolition of unlisted buildings, helping to achieve the aim of preserving or enhancing the character or appearance of the Conservation Area concerned.
6.117 In some Conservation Areas, there will be existing buildings that fail to complement the character of their surroundings. These buildings often harm the appearance and the character of the Conservation Area. Proposals to redevelop such buildings that result in an enhancement to the character of the Conservation Area will be looked upon favourably, subject to their being consistent with the other policies of the Plan.
6.118 Before demolition is allowed, detailed planning permission must first be granted for a replacement building, and evidence of a contract for the erection of the replacement building must have been submitted to the Council. To that end, the Council may require applicants to sign a unilateral or bilateral planning obligation, pursuant to section 106 of the Town and Country Planning Act 1990, or may apply planning conditions to this effect. Through this policy, the Council will endeavour to reduce the number, and impact, of vacant and unsightly gap sites in the historic built environment.
Listed Buildings
6.120a Section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes on the Secretary of State for Culture, Media and Sport a duty to compile or approve lists of buildings of special architectural or historic interest. Buildings listed as being of special architectural or historic interest are important in themselves and for the contribution they make to the character of the district. Such buildings will be protected from demolition or unsympathetic change.
6.121 There are approximately 1100 Listed Buildings within the District. Under Policy HC3 of the Replacement Structure Plan, Listed Buildings are being protected from demolition, damage and unsympathetic change. There will be a presumption in favour of the preservation of listed buildings and it is also important that the setting of a Listed Building be preserved or enhanced.
6.122 The Council supports Policy HC4 of the Replacement Structure Plan, which states that in areas where development would not otherwise be allowed, the conversion to a new use of an existing Listed Building may exceptionally be permitted. Where this would preserve the building, its setting and its special character or architectural qualities, permission will be given.
6.123 If the owner of a Listed Building fails to take steps to preserve it and keep it in good repair, the Local Authority may serve a Repairs Notice. Failure to comply with the notice could result in the Council using its Compulsory Purchase powers to obtain the building. Appropriate action will be taken against owners of Listed Buildings who wilfully neglect them, allowing properties to deteriorate and decay.
6.124 Development affecting the setting of a Listed Building can have as dramatic, and if not properly controlled, as severe an impact as unacceptable alterations to the building itself. The setting of a Listed Building is a material planning consideration when considering planning applications. The Council will seek to prevent the subdivision of the grounds or curtilage of a Listed Building. This will in turn prevent land becoming available for development that would be too close to a Listed Building and would almost certainly have an adverse affect on its character and setting.
6.125 Re-using redundant rural buildings, including those last in use for agricultural purposes, is encouraged by the Council as a more sustainable way of development taking place in the countryside and promoting the continued economic vitality of rural areas. In many instances redundant barns provide a habitat for bats and barn owls. Where thought to be present these protected species should be surveyed. Other policies within this section enable adequate consideration to be given to such proposals.
6.126 However, for some years, the conversion of (statutorily) listed farm buildings into residential accommodation has caused much concern. Such conversions have often diminished the intrinsic historic importance of the building. Many conversions have destroyed the historic character of such buildings through the installation of new doors, windows and other features that are out of scale and out of context. The Council is very keen to ensure that future conversions are carried out sympathetically ensuring the character is retained, but also so that new uses can be facilitated to secure the longevity of the Listed Building.
6.127 From time to time reviews of buildings will be undertaken. Where the Council identify buildings that it considers merit listing, it will put them forward to the Department for Culture, Media and Sport for listing under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Other Rural Buildings
6.129 The Council recognises that to enable new enterprises to become established it needs to encourage new uses into rural areas. The re-use of other redundant rural and village buildings, including those last in use for agriculture, will be encouraged as a vital means of bringing about investment and economic development within rural areas. Policies for these are contained in the Strengthening the Economy and Promoting Regeneration Chapter.
Historic Church Extensions
6.130 There are a large number of churches within the District, many of which are Listed Buildings. Each church, whether listed or not, makes a valuable contribution to Tendring’s heritage. Over the centuries, many churches have been extended and altered to meet the particular needs of the time, and thus ecclesiastical buildings are a rich and varied reflection of society’s development.
6.131 The Chelmsford Diocesan Advisory Committee for the Care of Churches and Essex County Council have published a useful guidance document dealing with alterations and extensions to historic churches entitled “So you want to extend your Church?” Applicants are advised to consult this document before embarking on any extension proposal.
6.132 The Council supports the use of churches for secular as well as ecclesiastical uses but will encourage suitable alternative uses for redundant churches as well. Where a proposed change of use involves alteration to the fabric of a church, it is essential that such alterations are designed in a manner that respects its special space.
6.133 English Heritage have also produced guidance on extensions to historic churches and provide useful information on grants that are available in their leaflet entitled “Repair Grants for Places of Worship 2002-2005” which is run jointly by English Heritage and the Heritage Lottery Fund.
Enabling Development
6.134 English Heritage has produced a policy statement called “Enabling Development and the Conservation of Heritage Assets”. This statement addresses the issue of enabling development and advocates a criteria based policy. The Council has adopted this statement as SPG. The statement provides an explicit assessment of the relationship between claimed benefits of enabling development for repair, restoration or improvement of Listed Buildings, and the impact on their inherent character, appearance and setting.
6.135 “Enabling Development” may be defined as development promoted primarily as a way of saving an important Listed Building, registered garden or scheduled monument that is neglected, dilapidated, or otherwise perceived to be “at risk”. Such development is regarded as an established and useful planning tool by which the community may be able to secure the future of a heritage asset, provided that, on balance, the benefit outweighs any harm caused by the new development.
6.136 Many applications affect historic buildings and places and should, subject to conforming to other planning policies, either enhance or preserve their integrity. Occasionally, however, enabling development is proposed which, whilst it would achieve the preservation or secure the future of an historic structure or landscape, would normally be rejected because it is contrary to other national or local planning policies. In order to justify allowing development, which would otherwise be regarded as inappropriate, very special circumstances must exist.
6.137 The objective of such applications is to provide funds for repairs that cannot be generated from any other source. So unlike most planning decisions, the financial consequences of the granting of planning permission are not only relevant but fundamental to the decision-making process.
6.138 The following policy is intended to highlight the Council’s view that exceptional circumstances need to exist; that the historic integrity of the site is not compromised by the development proposed; that the ability of the scheme to produce the desired result can be clearly demonstrated; and community gain outweighs the harm that would normally lead to an application being refused.
6.138a St.Osyth Priory is of national heritage importance and the most notable heritage site within the district. It contains an exceptional Grade 1, Grade 2* and Grade 2 group of listed buildings, a schedule ancient monument and registered garden and park. The Council is committed to the conservation, preservation and restoration of St. Osyth Priory and, to that end will work in conjunction with the landowner and English Heritage. An assessment of works required to preserve and restore the listed buildings and the scheduled ancient monument to standards agreed by the Council and English Heritage and to establish the scale of funding consequently needed will be made. A separate evaluation will be required of the scope of works for the restoration of the registered park and garden. Any conservation deficit (as defined in the English Heritage publication ‘Enabling Development and the Conservation of Heritage Assets’) must be clearly established and identified. Thereafter, any application for enabling development will be judged against the criteria set out in Policy EN27.
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The Council is committed to the conservation, preservation and restoration of St.Osyth Priory and to that end, will work in conjunction with the landowner and English Heritage. Any application for enabling development will be judged against the criteria set out in Policy EN27. |
Archaeology
6.142 Archaeological sites are a finite and non-renewable resource. In many cases they are highly fragile and vulnerable to damage or destruction. These sites contain information about our past, are part of our sense of place and are vulnerable for their own sake and for their role in education, leisure and tourism. As a result it is important that they are not needlessly or thoughtlessly destroyed. Within Tendring approximately 1880 sites of archaeological interest are recorded on the Essex Heritage Conservation Record (EHCR) of which 27 are Scheduled Ancient Monuments. These sites range from Palaeolithic deposits of international significance through those of the prehistoric Roman, Saxon and medieval periods and up to modern industrial and World War II/ Cold War monuments. However, the EHCR records only a proportion of the total with many more important sites remaining undiscovered and unrecorded.
6.143 The nature of archaeological evidence means that all areas of high potential may not have yet been identified. Important archaeological evidence may exist on any site, and thus may be at risk from proposed developments. The District Council, in conjunction with the County Archaeologist and relevant bodies, is determined to identify and protect all-important remains through the use of appropriate policies and their implementation through the development control process.
6.144 PPG16 “Archaeology and Planning” explains how archaeological remains and interests should be taken into account by the planning system. Where the Council believe important archaeological remains are likely to exist, it is reasonable to request a field evaluation funded by the developer, but carried out independently, is carried out prior to determining a planning application.
6.146a Not all surviving archaeological remains are of equal importance and Policy EN29 reflects this hierarchy. Where permission is granted for development affecting archaeological remains, and preservation in situ is not possible or feasible, conditions will be imposed to ensure that the remains are properly recorded and evaluated and where practicable, preserved, prior to development.
6.147 Prior to the commencement of any development that is permitted; the Council will secure provision for archaeological investigation and recording either through conditions or a planning agreement under Section 106 of the Town and Country Planning Act (1990).
6.148 Where development proposals have an impact on important archaeological remains and their settings, the Council will seek to reduce this impact by:
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(i) Encouraging suitable alternative design for the development;
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(ii) Modifying the development to increase physical in situ preservation; or
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(iii) Not permitting development to commence until, as a last resort, a programme of archaeological investigation and recording has been agreed and implemented.
Where applications are submitted on sites where information indicates that there are likely to be archaeological remains, the Council will expect to be provided with the results of an archaeological evaluation prior to the determination of an application. The evaluation should seek to define:
Where development is permitted on sites containing archaeological remains, any planning permission will be subject to conditions and/or formal agreements requiring appropriate excavation and recording in advance of development and the publication of the results. |
Historic Towns
6.149 Harwich, Manningtree and St. Osyth are identified in the Historic Towns Survey by Essex County Council as three of the County’s most important Historic Towns. Historic Town Centres are complex entities that reflect the history and development of the community over many centuries. They are sensitive to development pressures in much the same way as is the ecology of an environmentally important area.
6.151a Development which is not accompanied by an investigation and recording of both deposits below and surviving medieval buildings above it, can lead to the irreparable destruction of unique information concerning that community’s past. The core areas of Harwich, Manningtree and St. Osyth are identified in “Essex Historic Towns” (1999) as Historic Town Management Zones and the extent of these areas are shown on the relevant Proposals Map Insets. The District Council has formally adopted the Historic Towns Study document as SPG.
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Any proposals for development within the Historic Centres of Harwich, Manningtree and St. Osyth will require an appropriate level of archaeological mitigation prior to development. |