2.01 The policies set out within this chapter are applicable to all development, including redevelopment and change of use. They will be used to assess the acceptability of all development proposals in addition to the specific policies outlined in all the individual chapters of this Local Plan.
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2.02 In taking forward national policies for sustainable development, the District Council has had to work within the overall strategy set out in the County Structure Plan for the period up to 2011. In particular, the scale of development for housing and employment in Wycombe is identified in the Structure Plan, and the distribution of this development is affected by strategic locational policies.
2.03 Major factors governing the scale and distribution of development in the District are the presence of the Green Belt and the Chilterns Area of Outstanding Natural Beauty (AONB). The scale of development that can be sustained in the parts of the District outside these designated areas is itself influenced by local environmental and other factors. As a result of these various constraints, the strategy for Wycombe set out in the County Structure Plan continues to see the District accommodating a proportion of the overall requirement for housing, employment and other development in Buckinghamshire, whilst respecting the environmental constraints.
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Development Strategy for Wycombe District
2.04 The strategy followed in this Local Plan is to accommodate the development needs of Wycombe District, in the most sustainable way, in particular seeking to reduce reliance on travel. All development will be expected to be located so as to be accessible by a range of transport modes, and, where possible, to be located so as to reduce the need for car travel.
2.05 Within the framework set by the County Council’s strategies and by previous commitments, this Local Plan seeks to contribute towards the national objective of ensuring that all development and growth are sustainable. This includes ensuring that all development is designed with energy efficiency in mind, in terms of siting, orientation and layout; that there is no net loss to the biodiversity of the District and that there is no adverse effect on air or water quality nor any contamination of land. A sustainability appraisal of the Plan’s policies and strategy accompanies this document. Further consideration of the relationship between the principles of sustainable development and the policies within the Plan can be found in the Introduction.
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- Steer development and redevelopment towards urban brownfield land;
- To make sure that development is of inherently good design and layout;
- To complement and reflect local patterns of landscape and urban design;
- To recognise and respect both natural and manmade local settings;
- To have regard to the impact of development upon its wider off-site context;
- To ensure that development is sustainable in relation to energy efficiency;
- To protect the whole community and ensure a wide measure of social inclusively;
- To allow for stable and continuing levels of employment and economic activity.
2.07 In order to supplement and co-ordinate the normal processes of planning control exercised by Member States, a Directive issued by the European Community in the mid-1980’s introduced a set of general principles for the evaluation of development projects likely to have a major effect upon the environment. The purpose of this was to enable such environmental effects to be taken into account at the earliest possible stage in the decision-making process.
2.08 The evaluation process, formally known as ‘Environmental Assessment’, enables the importance of the predicted environmental effects, and the scope for modifying them, to be properly evaluated before a decision is taken to grant or withhold consent for the development in question. The developer’s key role in this evaluation process is the submission of an ‘Environmental Statement’ with the planning application. An Environmental Statement describes the likely significant effects on the environment of the proposed development, explained by reference to its possible impact on human beings, flora, fauna, soil, water, air, etc, together with a description of the measures envisaged to avoid, reduce or remedy those effects.
2.09 The requirements of the Directive are implemented in the United Kingdom under the Town and County Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Some projects (such as motorways and nuclear power stations) are to be the subject of environmental assessment in every case, whilst others may create the need for assessment in certain circumstances. Schedules accompanying the Regulations identify all these different types of projects, indicating those for which assessment is compulsory and those for which it may be needed.
2.10 Although a comprehensive environmental assessment is not to be imposed where it is not specifically required by the Directive or the Regulations, adequate environmental information in proportion to the scale of the scheme and environmental designations of the site and of a similar nature to that outlined in the Directive/Regulations may nonetheless be desirable in the context of the wider need to secure more environmentally-sustainable forms and patterns of development. This will be particularly relevant to proposals which are screened for an Environmental Assessment under the Regulations and it is determined that an Assessment is not required.
POLICY G1
IN ADDITION TO THOSE DEVELOPMENT PROPOSALS FOR WHICH AN ENVIRONMENTAL ASSESSMENT IS REQUIRED UNDER THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 1999, THE DISTRICT COUNCIL MAY REQUEST THE PROVISION OF SUPPLEMENTARY INFORMATION ON THE PROBABLE ENVIRONMENTAL IMPACT OF PROPOSED DEVELOPMENT, PROPORTIONATE TO THE EXTENT OF THE PROPOSAL AND DIRECTLY RELEVANT TO THE CHARACTER AND ANY PROTECTIVE DESIGNATION(S) OF THE APPLICATION SITE OR ITS WIDER SETTING OR SURROUNDINGS.
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Developer Contributions
2.11 All developments should normally include provision for any necessary transport infrastructure improvements, landscaping, recreational and community facilities as part of the development. A refusal would normally follow if a developer was unable to provide these. But where the developer is not in a position to provide or secure them, it may be appropriate for the developer to make a payment to the District Council so that the District Council can provide them instead. In many cases, this results in a number of developers contributing to the cost of providing a facility which will benefit a number of proposed developments. The District Council may legitimately ask developers to make such contributions where schemes are planned, and the payments serve to bring forward their implementation, so long as the payments requested are fairly and reasonably related in scale to the proposed development. In requesting contributions the Council will have regard to the guidance in Circular 1/97 and any future guidance from Government on developer contributions.
2.12 These payments need to be secured through planning obligations. Where a contribution is necessary to overcome other objections the District Council will require the developer to enter into an appropriate agreement before consent is issued. The subject of Developer Contributions is generally covered in DoE Circular 1/97 ‘Planning Obligations’ and their proper use and application is detailed in Annex B to the circular.
2.13 Due to the size, scale and nature of proposals, the strategic development sites will have particular development requirements placed upon them. In order to ensure that the developments provide satisfactory environ-ments, Appendix 2 ‘Development Principles’ sets out the basic requirements that development should provide for each strategic site. These represent broad guidelines to assist developers in considering development solutions to the strategic sites early in the development process. Development briefs will be prepared for all strategic sites in accordance with Policy G4 and Appendix 3, and will form the detailed supplementary planning guidance for them.
POLICY G2
WHERE IT IS NECESSARY TO PROVIDE ADDITIONAL OR IMPROVED INFRASTRUCTURE OR OTHER AMENITIES OR FACILITIES BEFORE A DEVELOPMENT PROPOSAL IS APPROVED OR IMPLEMENTED, AND IN CASES WHERE THE PROSPECTIVE DEVELOPER IS UNABLE INDIVIDUALLY OR DIRECTLY TO MAKE OR ENSURE SUCH PROVISION, THE DISTRICT COUNCIL MAY REQUIRE THE DEVELOPER TO MAKE A PROPORTIONATE CONTRIBUTION TO THE OVERALL COST OF SUCH ADDITIONS OR IMPROVEMENTS, WHICH CONTRIBUTION SHALL IN ALL CASES BE WHOLLY DEVOTED TO SUCH PROVISION.
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General Design Policy
2.14 The District Council wishes to encourage a high standard of design and layout in all new developments throughout the District. New development will need to be carefully assimilated into existing landscape and townscapes by sensitive design, and by respecting, and where possible enhancing, the established character of the area.
2.15 In all types of development, the layout should respect and incorporate any existing features or green spaces worthy of retention on site or in the vicinity. In particular, views into and out of the site will be important, and when considering proposals for development on the skyline, the District Council will have regard to any long distance views of the site. The design of buildings themselves, the incorporation of visual interest in the built form, including appropriate detailing, materials and surface treatment, are also important considerations.
2.16 The provision of new art and craftwork is considered appropriate as part of major development schemes, particularly where they are in prominent locations, or will be visited by large numbers of people. Such provision can provide important distinctiveness and local character in a development.
2.17 Detailed design guidelines for residential development are set out in Appendix 1. In addition, Development Briefs may be prepared or required for large sites in order to interpret the Council’s policies and guidelines in relation to the particular circumstances of the site. (See Policy G4 and Appendix 3).
2.18 Drawings showing the proposal in the context of surrounding buildings and the street elevation may be required when submitting planning applications. An accurate survey of levels on and adjacent to the site may also be necessary for the proper consideration of the proposal.
2.19 PPG1 states that “good design should be the aim of all those involved in the development process and should be encouraged everywhere”. Failure to achieve good design is in itself sufficient reason to refuse to grant planning permission. Applicants are referred to the DETR publication “By Design” (2000) for further advice on better urban design and raising standards. Further local design advice can be found in adopted supplementary planning guidance, including development briefs.
POLICY G3
i. THE DISTRICT COUNCIL WILL EXPECT DEVELOPMENT PROPOSALS TO ACHIEVE A HIGH STANDARD OF DESIGN AND LAYOUT THAT RESPECTS AND REFLECTS THE LOCAL URBAN OR RURAL CONTEXT SO AS TO MAINTAIN AND REINFORCE ITS DISTINCTIVENESS AND PARTICULAR CHARACTER AND, WHERE APPROPRIATE, SUBMITTED PROPOSALS WILL NEED VISIBLY TO DEMONSTRATE THAT THEY:
a. TAKE ACCOUNT OF EXISTING SITE CHARACTERISTICS SUCH AS LOCAL LAND FORM, NATURAL FEATURES, VIEWS AND VISTAS;
b. HAVE REGARD TO LANDSCAPE QUALITY, NATURE CONSERVATION INTERESTS, EXISTING TREES AND HEDGEROWS AND OTHER NATURAL FEATURES TOGETHER WITH ANY SIGNIFICANT MAN-MADE FEATURES;
c. ARE COMPATIBLE WITH THE IMMEDIATE SURROUNDINGS OF THE SITE AND APPROPRIATE TO ITS WIDER CONTEXT BY REFERENCE TO STREET PATTERN AND LAND LEVELS, PLOT SIZES, MEANS OF ENCLOSURE, PROPORTION, SCALE, BULK, FORM AND MASSING; AND
d. ARE SYMPATHETIC TO THE DESIGN AND APPEARANCE OF THEIR SURROUNDINGS, INCLUDING BUILDING MATERIALS AND PROFILE, WINDOW PATTERN, ARCHITECTURAL DETAIL, LANDSCAPE TREATMENT AND MEANS OF ENCLOSURE.
ii. PLANNING PERMISSION OR THE APPROVAL OF DETAILS MAY BE REFUSED IF A SUFFICIENTLY HIGH STANDARD OF DESIGN AND LAYOUT IS NOT ACHIEVED, HAVING REGARD TO THE NATURE OF THE APPLICATION SITE AND ITS SURROUNDINGS.
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Development Briefs
2.20 The Development Briefing process is firmly established as a means of achieving clarity for those in the development process dealing with large and complex sites up to the determination of applications, and establishing the best solution for the site.
2.21 The key to the Development Briefing process is a full understanding of the site and its location, by identifying all known constraints and those elements that constitute the local character. It is less important to establish exactly how this is achieved. Sometimes an informal approach is sufficient, as long as it makes a thorough assessment of the site and its context. Guidelines for the Development Briefing process are set out in the publication ‘Planning and Development Briefs: A Guide to Better Practice’ (Department of the Environment, Transport and the Regions).
2.22 PPG12: Development Plans (December 1999) and Regional Guidance confirm that the weight accorded to the supplementary guidance will increase if it has been prepared in accordance with Government guidance, and has been subject to public consultation, and to a District Council resolution. In this respect, all development briefs will be considered for adoption/approval following consultation, and will be given weight as a material consideration when the planning application is determined. Guidance for Development Briefs is set out in Appendix 3.
POLICY G4
1. THE DISTRICT COUNCIL MAY REQUIRE THE PREPARATION OF DEVELOPMENT BRIEFS IN ACCORDANCE WITH THE PROCEDURES SET OUT IN APPENDIX 3. THE TYPE OF BRIEF TO BE PREPARED WILL IN ALL CASES REFLECT THE SIZE, COMPLEXITY OR SENSITIVITY OF THE SITE.
2.ALL SUCH DEVELOPMENT BRIEFS SHOULD INCLUDE SPATIAL ANALYSIS OF THE SITE AND SURROUNDINGS, INCLUDING AN IDENTIFICATION OF ITS LOCAL CONTEXT. ALL DEVELOPMENT BRIEFS WILL BE SUBJECT TO PUBLIC CONSULTATION AND TO APPROVAL BY THE DISTRICT COUNCIL.
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Design Statements
2.23 PPG1 recognises the importance of design and recommends that, as a minimum, applicants should provide a short written statement setting out the design principles adopted in their proposals. The statement should also include illustrative material to demonstrate how a development fits in within its wider context. A full statement will not always be required. The nature of the design statement should reflect the nature and scale of the proposals.
POLICY G5
1. DEVELOPERS SHOULD DEMONSTRATE THAT THEY HAVE FULLY SATISFIED THE REQUIREMENTS OF POLICY G3 AS REGARDS DESIGN QUALITY, IN RELATION TO LOCAL CHARACTER, IN THEIR PROPOSALS. THE AMOUNT OF INFORMATION TO BE PROVIDED WILL DEPEND ON THE NATURE AND SIZE OF THE PROPOSED DEVELOPMENT. FOR LARGE, COMPLEX OR SENSITIVE SITES, ESPECIALLY WHERE THESE WERE THE SUBJECT OF POLICY G4 DEVELOPMENT BRIEFS, THIS SHOULD COMPRISE A WRITTEN AND ILLUSTRATED STATEMENT, AND INCLUDE:
a. AN APPRAISAL OF THE SITE AND SURROUNDINGS;
b. AN ANALYSIS OF THE PROPOSED DESIGN AND LAYOUT; AND
c. A STATEMENT ON HOW THE DEVELOPMENT WOULD COMPLEMENT OR REINFORCE THE LOCAL DISTINCTIVENESS OF THE WIDER AREA.
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The Character of Large Scale Development
2.24 New large-scale development, that is developments with a site area of greater than 1 hectare, should create character by adopting distinct styles for sub areas, and achieving a layout that is clear and coherent.
POLICY G6
WITH RESPECT TO LARGE-SCALE DEVELOPMENT PROPOSALS (IN EXCESS OF ONE HECTARE) IN EXISTING URBAN AREAS OF POOR LAYOUT OR INDIFFERENT TOWNSCAPE QUALITY, THE DISTRICT COUNCIL WILL LOOK FOR A GENERALLY ENHANCED LEVEL OF DESIGN SUCH AS TO RAISE THE OVERALL ARCHITECTURAL AND ENVIRONMENTAL QUALITY OF THE SITE AND ITS SURROUNDINGS.
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Development in Relation to Local Topography
2.25 Given the varied topography of Wycombe District, it is particularly important that wider views from both higher and lower ground be fully taken into account when considering planning proposals located on ridgelines, hillsides and along valley floors. Building silhouettes and their roof profiles and covering may have a correspondingly greater impact in such locations. Proposals should accordingly demonstrate their local visual impact having regard to the special characteristics of the District. To this end, Policy G7 sets out the type of additional information that may be required by the District Council.
POLICY G7
1. DETAILED PROPOSALS FOR DEVELOPMENT OR REDEVELOPMENT OF SITES LOCATED WITHIN VALLEY SIDES OR FLOORS, OR UPON PROMINENT HILLTOPS OR RIDGELINES SHOULD DEMONSTRATE TO WHAT EXTENT AVAILABLE VIEWS FROM SURROUNDING HILLS OR VALLEYS HAVE BEEN TAKEN INTO ACCOUNT. IN ORDER ADEQUATELY TO ILLUSTRATE THE TOPOGRAPHICAL IMPACT OF SUCH PROPOSALS, THEY MAY NEED TO BE SUPPORTED BY:
a. CROSS SECTIONS;
b. DETAILED ROOF PLANS;
c. AN ASSESSMENT OF THE EFFECT ON THE VISUAL HORIZON, INCLUDING ANY SKYLINE VIEWS; AND
d. A DETAILED LEVELS SURVEY.
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Detailed Design Guidance and Local Amenity
2.26 The District Council will wish to control the effects of future development (this may include changes of use, conversions and extensions, as well as new buildings) which might harm living and working conditions within its own site boundaries and also surrounding property. It is particularly concerned that future living and working conditions are reasonably protected from such demonstrable adverse effects such as loss of daylight and sunlight, reduction of solar gain, invasion of privacy, overlooking, visual intrusion and overshadowing, increased activity or noise and disturbance caused by the movement or parking of vehicles.
2.27 The extent of such adverse effects of development may be judged by reference to published and authoritative national standards and guidance. For example, site layout optimisation with respect to sunlight, solar gain and daylight has been the subject of study by the Building Research Establishment (March 1992). Other authoritative advice such as the calculation of road traffic noise and the layout of residential roads and footpaths has been published by the formerly separate Departments of Transport and the Environment (1988 and 1992). The aspects of design which are critical to a proper assessment of impact are specified in Policy G8 and are fully detailed in Appendix 1 of the Plan. In some cases, the impact of development may be controlled within acceptable limits by the use of planning conditions.
POLICY G8
1. DETAILED PROPOSALS FOR DEVELOPMENT WILL BE REQUIRED TO SAFEGUARD THE FUTURE AMENITY OF RESIDENTS AND OTHER OCCUPANTS AND ALSO THOSE OF SURROUNDING LAND AND BUILDINGS WITH PARTICULAR REFERENCE TO THE FOLLOWING ASPECTS OF DESIGN:
a. DAYLIGHT AND SUNLIGHT;
b. PRIVACY AND OVERLOOKING;
c. VISUAL INTRUSION AND OVERSHADOWING;
d. TRAFFIC NOISE AND DISTURBANCE; AND
e. PARKING AND MANOEUVRING OF VEHICLES.
2. CONFORMITY WITH THIS POLICY WILL BE ASSESSED BY REFERENCE TO PUBLISHED NATIONAL DESIGN GUIDANCE AND RESEARCH AND ALSO TO THE ADOPTED DETAILED CRITERIA SET OUT IN APPENDIX 1 OF THE LOCAL PLAN.
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Access for People with Disabilites
2.28 An environment that provides for safe and convenient access for people with disabilities is likely to be a more pleasant environment for everyone. The provision of dropped kerbs, ramps as an alternative to steps, handrails, adequate lighting, and an orderly layout of street furniture as a matter of routine, would go a long way to assisting all users. The District Council will look for measures that assist mobility in the environment when assessing development proposals.
2.29 The inclusion of design features to assist people with disabilities is required by the building regulations in certain new buildings, including dwellings. In order to ensure that people with disabilities can reach and enter buildings which are internally accessible to them, the District Council will not normally grant planning permission for a building affected by Part M of the Building Regulations 1991 (or any replacement of similar effect), unless adequate provision is made for access by people with disabilities outside the building. The Disability Discrimination Act 1995 makes it unlawful for service providers to treat disabled people less favourably than other people without justification. It is envisaged that this duty will encourage service providers to look at the entrances to their buildings to ensure that they are accessible to all, resulting in a number of proposals for access ramps. Any such proposal will be sympathetically considered, having regard to the other policies in the plan, and should provide access to the main entrance of the building.
2.30 The Council will continue to liase with the local Access Group, Wycombe Area Access For All (WAAFA), in respect of development proposals, and have regard to their recommendations in determining relevant applications. Regard will also be had to Circular 10/82, Section 76 of the Town and Country Planning Act 1990 and paragraphs 33-34 of PPG1.
POLICY G9
1. PLANNING PERMISSION FOR DEVELOPMENT AFFECTING BUILDINGS TO WHICH PART M OF THE BUILDING REGULATIONS 1991, OR ANY AMENDMENTS THERETO APPLY, WILL ONLY BE GRANTED IF APPROPRIATE PROVISION IS MADE FOR PEOPLE WITH DISABILITIES:
a. WITHIN PARKING FACILITIES;
b. AS PART OF THE ROUTE FROM THE CAR PARK TO THE BUILDING; AND
c. AT THE ENTRANCES OF THE DEVELOPMENT SITE.
2. PROPOSALS FOR DEVELOPMENT AFFECTING OTHER BUILDINGS TO WHICH THE CHRONICALLY SICK AND DISABLED PERSONS ACTS 1970 AND 1976 AND DISABLED PERSONS ACT 1981 APPLY, MUST INCLUDE APPROPRIATE PROVISION FOR ACCESS FOR PEOPLE WITH DISABILITIES. PLANNING PERMISSION MAY BE REFUSED IF ACCESS CAN REASONABLY BE PROVIDED, BUT IS NOT INCLUDED.
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Landscaping
2.31 Landscape design is an essential part of new development. Hard and soft landscaping contributes significantly to the provision of an alternative setting for buildings and other development. Careful consideration should be given to both the functional and aesthetic aspects of landscaping at the planning stage. Where appropriate, applications will be expected to include a landscape assessment which identifies existing landscape features within the development site, and in the areas adjacent to the development (eg, the visual envelope, and the wider landscape network).
2.32 Landscaping schemes will be expected to retain important open space and topographical features. The structure of the landscape to be created should be addressed when establishing the preferred layout of buildings and other infrastructure.
2.33 The retention of existing soft landscaping on the site can help a new development fit in comfortably with its surroundings, and provide instant structure and screening. This is often important on or near site boundaries where planting can protect neighbouring properties from the full impact of the development. Features such as ponds, hedgerows and trees can be important features within the local landscape, and be of additional importance as habitat for wildlife. They should be retained wherever possible. In addition to their crucial contribution to the landscape, trees can be particularly important for their ability to filter particulate pollution, noise and light and as a habitat for wildlife: they should be retained wherever possible. Trees and hedgerows are particularly useful for their ability to provide screening and privacy. The protection and conservation of trees and hedgerows is considered in greater detail in Policy G11.
2.34 The term ‘soft’ landscaping refers to areas of existing vegetation and areas of new planting associated with developments. Whilst the agreement of details such as planting, species, and forms of protection will normally be reserved for approval after conditional planning consent has been granted, the location and extent of all planted areas should form part of the detailed application.
2.35 Where a landscaping scheme is required, conditions will be imposed which require that the scheme be implemented within a specific timescale. This is usually in the first planting season after the development is completed, or before occupation of the buildings. Conditions will also require that the scheme be maintained for a minimum period of five years following its completion.
2.36 The impact of car parks, forecourts, servicing areas and areas of extensive open space should be designed in an appropriate manner to ensure that they integrate well with the development, and are not visually intrusive.
2.37 The District Council has prepared additional guidance about the treatment of landscaping during the design of new development in the Planning Advice Note: ‘Landscaping’.
POLICY G10
1. DETAILED PROPOSALS FOR THE INITIAL OR SUBSEQUENT DEVELOPMENT OF INDIVIDUAL SITES WILL BE REQUIRED TO:
a. TAKE ADEQUATE ACCOUNT OF, AND RETAIN, EXISTING PLANTING AND TREE COVER, INCLUDING HEDGEROWS AND OTHER LANDSCAPE FEATURES, IN ACCORDANCE WITH POLICY G11, WHICH ARE OR MAY BECOME IMPORTANT ELEMENTS IN THE CHARACTER AND APPEARANCE OF THE SITE OR THE WIDER AREA;
b. INCORPORATE APPROPRIATE LANDSCAPING AS AN INTEGRAL PART OF THE DEVELOPMENT PROPOSAL, AND TAKE INTO ACCOUNT THE NEED FOR THE DEVELOPMENT TO INTEGRATE WITHIN THE LANDSCAPE OF THE NEIGHBOURING AREA; AND
c. INCORPORATE APPROPRIATE LANDSCAPING AND DESIGN FEATURES, AND PROVIDE DETAILS OF AREAS OF HARD AND SOFT LANDSCAPE, OPEN SPACE AND HABITATS FOR WILDLIFE TO BE INCORPORATED INTO THE DEVELOPMENT.
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Trees and Hedgerows
2.38 Trees and hedgerows are a valuable aspect of the District’s environment. They provide colour, form and variety, and complement the open spaces and the built environment. Trees are a natural resource and give structure to the District’s parks and open spaces, adding to the enjoyment of the residents of the District.
2.39 Hedgerows are also important features of the landscape and ecology of the District. The Hedgerow Regulations 1997 require land managers to notify the Local Planning Authority of their intention to remove certain hedgerows. This does not include garden hedgerows. The District Council will seek to protect important hedgerows and will seek to resist the removal of important hedgerows with Hedgerow Retention Notices.
2.40 The District Council is under a duty, imposed by Section 197 of the Town and Country Planning Act 1990, to ensure wherever it is appropriate that in granting permission for any development, adequate provision is made for the preservation and planting of trees.
2.41 Development proposals should be designed so as to retain existing trees where appropriate, and to ensure that they can be sustained and do not come under threat. The layout of development should ensure that retained trees do not block daylight to windows or overshadow amenity areas to an unacceptable degree, thereby threatening their future retention. Often layouts can be planned so that existing mature or semi-mature trees can be retained within or alongside footpath routes in open spaces. Retained trees should be given adequate space to allow for future growth of both roots and crown.
2.42 Where existing trees form a major feature, the District Council will use its powers to protect the trees with Tree Preservation Orders (TPOs), and will expect planning applications to be accompanied, where appropriate, by tree surveys. The District Council may impose a condition on a planning permission requiring applicants to ensure that the development conforms to the recommendations in BS 5837:1991 ‘Trees in Relation to Construction’.
2.43 On occasions, trees may be of sufficient importance to local amenity that their retention outweighs an otherwise acceptable scheme. In those circumstances, planning permission for development may be refused.
POLICY G11
1. DEVELOPMENT PROPOSALS WILL BE REQUIRED TO RETAIN EXISTING TREES AND HEDGEROWS OF GOOD QUALITY AND/OR VISUAL SIGNIFICANCE, OR TREES AND HEDGEROWS WHICH ARE LIKELY TO BECOME VISUALLY SIGNIFICANT WHEN A SITE IS DEVELOPED. THE DEVELOPMENT SHOULD NOT PUT AT RISK THE FUTURE RETENTION OF SUCH TREES AND HEDGEROWS AND DURING THE COURSE OF DEVELOPMENT SUCH TREES AND HEDGEROWS SHOULD BE PROTECTED.
2. IN RESPECT OF TREES, IN APPROPRIATE CASES, INCLUDING FOLLOWING NOTIFICATION OF INTENT TO UNDERTAKE WORKS TO TREES WITHIN CONSERVATION AREAS, TREE PRESERVATION ORDERS WILL BE MADE IF IT IS CONSIDERED EXPEDIENT IN THE INTERESTS OF AMENITY. IN DETERMINING APPLICATIONS TO FELL TREES, OR CARRY OUT OTHER WORKS TO TREES SUBJECT TO TREE PRESERVATION ORDERS, REGARD WILL BE HAD TO;
a. THE HEALTH AND STABILITY OF THE TREES; AND
b. THE CONTINUING CONTRIBUTION OF THE TREES TO PUBLIC AMENITY AND THE CHARACTER OF THE AREA.
3. WHERE TREES THE SUBJECT OF TPO’S ARE REMOVED, REPLACEMENT PLANTING WITH ANOTHER TREE OF A SUITABLE SIZE AND SPECIES WILL NORMALLY BE REQUIRED HAVING REGARD TO THE PARTICULAR CIRCUMSTANCES IN EACH CASE.
4. IN RESPECT OF HEDGEROWS, THE DISTRICT COUNCIL WILL IN APPROPRIATE CIRCUMSTANCES ISSUE HEDGEROW RETENTION NOTICES, AND RESIST THE REMOVAL OF IMPORTANT HEDGEROWS WHICH ARE VALUABLE IN HISTORICAL, WILDLIFE OR LANDSCAPE TERMS.
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Waste Management
2.44 Facilities for the storage of rubbish bins should be provided in all commercial, retail and leisure developments, community facilities and flat or shared housing developments, to safeguard the amenities and visual appearance of the locality and the environment in general. The District Council’s Advice Note ‘Bin Stores for Wheelie Bins’, gives further guidance on the provision of bin stores, and is available from the District Council Offices. In the case of commercial premises, not all commercial rubbish is stored in bins. Some sites also use skips, Euro Bins, or stockpiles. Due regard must be had to ‘Waste Management, The Duty of Care: A Code of Practice’.
2.45 All developments with external soft landscaped areas shall provide areas where composting can be carried out. Treatment of waste at source is the most sustainable method of treatment.
2.46 Commercial developments, such as large retail stores, should provide adequate enclosed facilities for storage of waste. Open storage areas can be visually unattractive, and degrade the environment, and will not normally be acceptable.
2.47 The recycling of materials such as glass, paper and aluminium, has an important role in today’s society. Planning Policy Guidance Note 6: Town Centres and Retail Development (PPG6, June 1996) specifically acknowledges the importance of energy conservation, through the provision of waste recycling facilities at new superstores. Siting such facilities at superstores can help avoid additional vehicle journeys to recycling centres.
2.48 The District Council wishes to encourage the recycling of products, and will therefore seek facilities for their collection in appropriate schemes, such as large retail and leisure development. In addition, residential developments will be required to include provision for ‘bin’ site facilities as a part of amenity area provision.
2.49 The District Council will normally require sewerage provision on new residential developments to be of an adoptable standard, and will place a condition on planning permissions to that effect. In cases where the sewers do not conform to these standards, there will be no opportunity for the system to be adopted in accordance with the procedures set out in ‘Sewers for Adoption’, fourth edition (Water Research Centre 1989) and Thames Water Utilities’ policy, and responsibility for their maintenance and repair will fall to private owners. The District Council is concerned that where ownership and responsibility for sewers is divided between several individual householders, maintenance may be neglected and repairs not carried out expeditiously, to the detriment of health and the general amenity of the area. Consideration will be given to the phasing of larger developments where increased capacity is required and cannot be installed immediately, so as not to overwhelm the existing sewerage system. Applicants are advised to contact Thames Water Utilities for further information.
POLICY G12
1. THE DISTRICT COUNCIL WILL REQUIRE SUITABLY LOCATED AND APPROPRIATE FACILITIES FOR STORAGE, SEGREGATION AND SUBSEQUENT REMOVAL AND/OR DISPOSAL OF RUBBISH AND WASTE MATERIALS SUCH AS BIN STORES, BIN SITES AND COMPOSTING AREAS, TO BE PROVIDED AS AN INTEGRAL PART OF ALL DEVELOPMENT.
2. IN COMMERCIAL DEVELOPMENTS, ADEQUATE ON-SITE, ENCLOSED STORAGE AREAS SHOULD BE PROVIDED.
3. FACILITIES FOR THE COLLECTION OF PRODUCTS FOR RECYCLING WILL BE SOUGHT WHERE APPROPRIATE. THE DESIGN OF NEW SUPERSTORES, AND OTHER LARGE RETAIL DEVELOPMENTS, ALONG WITH THE STRATEGIC HOUSING SITES (POLICY H2), SHOULD INCORPORATE RECYCLING FACILITIES FOR GLASS, CANS AND NEWSPAPERS AND OTHER APPROPRIATE PRODUCTS.
4. IN ALL DEVELOPMENTS, SEWERAGE PROVISION SHOULD BE CONSTRUCTED TO THE SEWERAGE UNDERTAKER’S ADOPTABLE STANDARD.
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Pollution and Nuisance
2.50 An important factor to be reflected in the planning process is the ‘precautionary principle’, established in the Environment White Paper, and subsequently reflected in the UK Sustainable Development Strategy. This requires that where there is significant risk of damage to the environment, pollution controls will take into account the need to prevent or limit harm, even where scientific knowledge is not conclusive. This principle applies particularly where there are good grounds for judging that action taken promptly at comparatively low cost may avoid more costly damage later, or that irreversible effects may follow if action is delayed. The following policy embodies this principle.
POLICY G13
1. HAVING REGARD TO THE ADVICE OF THE STATUTORY POLLUTION CONTROL AUTHORITIES, PLANNING PERMISSION WILL NOT BE GRANTED FOR:
a. POTENTIALLY POLLUTING DEVELOPMENTS WHICH WOULD POSE UNACCEPTABLE RISKS TO OTHER LAND USES; OR
b. DEVELOPMENTS WHICH WOULD BE AT AN UNACCEPTABLE RISK FROM EXISTING OR POTENTIAL SOURCES OF POLLUTION.
2. IN CIRCUMSTANCES WHERE DEVELOPMENT PROPOSALS MAY BE ABLE TO SATISFY RELEVANT POLLUTION CONTROL REQUIREMENTS, THE DISTRICT COUNCIL MAY NONETHELESS WITHHOLD CONSENT IF, HAVING REGARD TO OTHER SOCIAL, ECONOMIC AND ENVIRONMENTAL FACTORS, UNACCEPTABLE RISKS ARE STILL CONSIDERED TO EXIST WHICH CANNOT BE OVERCOME BY APPROPRIATE PLANNING CONDITIONS.
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Air Quality
2.51 There has been an increasing recognition that air pollution can be a cause of serious health problems, such as respiratory illnesses. These problems can particularly afflict the young and elderly. Air pollution can take the form of releases of gases, such as oxides of nitrogen, releases of dust as a result of industrial processes, or the creation of smells.
2.52 The control of pollution is governed by the Environmental Protection Act (1990) and other legislation. Various different bodies have a role in pollution control, including the Environment Agency, and Local Planning Authorities. Planning Policy Guidance Note 23: Planning and Pollution Control (PPG23, July 1994) seeks to clarify the role between planning and other aspects of pollution control. Planning has a role to play in separating potentially polluting land uses from other existing or proposed land uses, to prevent nuisance and detrimental effects on health and the environment. The District Council will seek to achieve these aims through the control of development.
2.53 Contributions to deterioration in air quality may arise directly as a result of the use of the site, for example, emissions to atmosphere from an industrial process, or indirectly, for example, as a result of shoppers driving to large supermarkets. Applicants whose development will have an air quality impact will be expected to submit an assessment of air quality with the application.
2.54 The control of air quality is a statutory function of the District Council as the Environmental Health Authority.
2.55 In fulfilment of the requirement in Part IV of the Environment Act 1995, the Government has adopted the UK National Air Quality Strategy as a statement of its policies with respect to the assessment and management of the quality of air. Local Authorities are required by Section 82(1) of the Act to carry out periodic reviews of air quality in their areas, and to assess present and likely future quality against the air quality prescribed by the Air Quality Regulations 2000. Where the objectives are not likely to be achieved by the end of 2005 an Authority is required to designate an Air Quality Management Area (AQMA), and make an action plan for improvements in air quality.
POLICY G14
1. PROPOSED DEVELOPMENT WHICH, BY ITS NATURE, LOCATION, EXTENT OR GENERATION OF ROAD VEHICLE TRAFFIC, WOULD BE LIKELY TO CAUSE A MEASURABLE DETERIORATION IN LOCAL AIR QUALITY, AS ESTABLISHED BY THE COUNCIL’S PERIODIC REVIEWS, WILL NOT BE PERMITTED.
2. PLANNING PERMISSION WILL NOT BE GRANTED FOR ANY FORM OF DEVELOPMENT THAT WOULD HAVE A SIMILARLY ADVERSE IMPACT ON THE AMENITY OF NEARBY OR PREVIOUSLY AUTHORISED LAND USES, BY VIRTUE OF SMELL OR OTHER FORMS OF ATMOSPHERIC POLLUTION.
3. IN AN AIR QUALITY MANAGEMENT AREA (AQMA) WHICH HAS BEEN DESIGNATED AS A RESULT OF PERIODIC OR OTHER SURVEYS OF ROAD TRAFFIC, INDUSTRIAL OR OTHER FORMS OF POLLUTION, DEVELOPMENT WHICH WOULD BE LIKELY TO CAUSE AN INCREASE IN SUCH POLLUTION WILL NOT BE PERMITTED.
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Noise Pollution
2.56 Noise and vibration can be a serious cause of nuisance affecting the quality of people’s lives and having a detrimental impact on wildlife. Planning Policy Guidance Note 24: Planning and Noise (PPG24, September 1994) recognises that the planning system cannot deal with existing sources of noise pollution. Instead, this can be dealt with under the provisions of the 1990 Environmental Protection Act, and by other legislation. The planning system can, however, seek to ensure that new noise sensitive development such as housing and schools are not located close to existing sources of noise that would lead to nuisance, and that potentially noise-creating uses such as factories or some recreational activities are not located where they would be likely to cause nuisance.
2.57 The impact of noise can be reduced by careful siting of development and design features such as screening and insulation. In assessing the effects of noise, PPG24 advocates the use of noise exposure categories which attempt to quantify the effects of noise sources on new development.
POLICY G15
1. PROPOSALS WHICH WOULD BY REASON OF NOISE OR VIBRATION HAVE AN ADVERSE EFFECT ON THE AMENITIES OF NEIGHBOURING PROPERTIES AND/OR THE SURROUNDINGS IN GENERAL, WILL NOT BE PERMITTED. CONDITIONS MAY BE ATTACHED TO PLANNING PERMISSIONS TO RESTRICT SUCH EFFECTS.
2. PLANNING PERMISSION WILL NOT BE GIVEN FOR RESIDENTIAL OR OTHER NOISE SENSITIVE DEVELOPMENT ON SITES WHICH ARE [OR ARE RELIABLY EXPECTED TO BECOME] SUBJECT TO UNACCEPTABLE LEVELS OF NOISE OR VIBRATION UNLESS ITS DETAILED DESIGN AND LAYOUT HAVE BEEN ARRANGED TO REDUCE THE FUTURE AMBIENT NOISE LEVELS BOTH WITHIN AND ADJACENT TO BUILDINGS TO ACCEPTABLE LEVELS.
3. WHERE PLANNING PERMISSION IS GRANTED FOR SUCH DEVELOPMENT IN THESE AREAS CONDITIONS MAY BE ATTACHED TO THE PERMISSIONS WITH THE OBJECT OF MITIGATING THE EFFECTS OF EXTERNALLY-GENERATED NOISE AND VIBRATION FOR THE BENEFIT OF FUTURE OCCUPANTS OR RESIDENTS, HAVING REGARD TO PRESENT OR FUTURE LEVELS OF AMBIENT NOISE AS SHOWN BY SURVEY OR CALCULATION.
4. PROPOSALS WHICH WOULD BY REASON OF NOISE OR VIBRATION HAVE MATERIALLY ADVERSE EFFECT ON THE AMENITIES OF NEIGHBOURING PROPERTIES AND/OR THE SURROUNDINGS IN GENERAL, WILL NOT BE PERMITTED. CONDITIONS MAY BE ATTACHED TO PLANNING PERMISSIONS TO RESTRICT SUCH EFFECTS.
2.58 Whilst PPG24 gives sufficient guidance to Local Planning Authorities over the issue of noise, the illumination of external areas of the District (in particular sports pitches), has become an area of concern for the District Council. Light pollution takes many forms, usually external flood lighting, which enables activities to take place at times that would otherwise be impossible.
2.59 In this respect, it is the District Council’s intention to control the use of external lighting, and monitor its effects on the adjoining residential environment and the countryside.
2.60 Planning applications involving external lighting schemes will therefore be expected to demonstrate that there will be no significant lighting overspill into the surrounding residential environment, to the detriment of residents of that area; whilst in the Chilterns AONB and in the countryside, planning applications will be expected to keep the effects of illumination to a minimum, via the careful design and implementation of lighting schemes.
2.61 A suitable method of demonstrating the effects of a lighting scheme will be by the use of illuminance data in an isolux diagram. Guidelines to be used in the interpretation of Policy G16 may be found in the publication ‘Guidance Notes for the Reduction of Light Pollution’ (Institution of Lighting Engineers), relating to limitations on obtrusive light for exterior lighting installations.
POLICY G16
1. IN CONSIDERING ANY PROPOSALS WHICH INVOLVE THE PERMANENT OR PROLONGED ILLUMINATION OF EXTERNAL OR OPEN SPACE, THE DISTRICT COUNCIL WILL SEEK TO ENSURE THAT ANY SCHEME OF LIGHTING MINIMISES GLARE AND LIGHT SPILLAGE FROM THE DEVELOPMENT SITE, HAVING REGARD TO THE NATURE AND SENSITIVITY OF ADJACENT LAND USES AND THE CHARACTER OF THE SURROUNDING AREA.
2. IN DETERMINING RELEVANT PLANNING APPLICATIONS, CONSIDERATION WILL BE GIVEN TO THE EFFECT OF THE LIGHT PRODUCED ON, THE AMENITIES OF NEARBY RESIDENTS, HIGHWAY SAFETY AND THE VISIBILITY OF THE NIGHT SKY. CONDITIONS MAY BE IMPOSED, ESPECIALLY WITHIN SENSITIVE AREAS, AS TO THE MAXIMUM VALUES OF SURFACE ILLUMINATION, THE DESIGN AND HEIGHT OF LUMINAIRES AND THEIR SUPPORTING STRUCTURES AND HOURS OF OPERATION.
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Hazardous Substances
2.62 Regardless of whether or not any associated development is involved, Local Authorities are enabled, under recent legislation, to exercise a degree of control over the use and storage of Hazardous Substances. This is done through the issuing of Hazardous Substances Consents. Although the Health & Safety Executive are to be consulted (in accordance with Circular 11/92) on every application for a Consent in order for the risks to be assessed, it will be for Local Authorities to determine whether those risks are acceptable in the context of existing and neighbouring land uses.
POLICY G17
PROPOSALS WHICH INVOLVE THE USE OR STORAGE OF CONTROLLED QUANTITIES OF HAZARDOUS SUBSTANCES AS DEFINED IN THE PLANNING (HAZARDOUS SUBSTANCES) REGULATIONS 1992 (OR ANY REPLACEMENT OR AMENDMENT REGULATIONS), WILL BE PERMITTED ONLY WHERE THEY DO NOT IMPOSE UNACCEPTABLE RISK ON THE LOCAL COMMUNITY. SIMILARLY, DEVELOPMENT IN CLOSE PROXIMITY TO HAZARDOUS INSTALLATIONS WILL NOT BE GRANTED IF THE LEVEL OF RISK TO POTENTIAL OCCUPANTS OF THE PROPOSED DEVELOPMENT WOULD BE UNACCEPTABLE.
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Contaminated Land
2.63 Land contaminated with hazardous or toxic substances is potentially a serious cause of pollution, and may prevent the land from being beneficially used. Land can become contaminated as a result of the previous use of the site, for example, previous industrial use involving chemicals or former landfill sites where there is a risk of toxic gas build up.
2.64 Government policy on contaminated land, as outlined in PPG23, is to seek a balance between the risks associated with contaminated land and the need to bring it into beneficial use. The ‘suitable for use’ approach is advocated. The responsibility for assessing whether or not land is suitable for a particular purpose, including whether it is contaminated, rests primarily with the developer, who will be required to undertake a detailed site survey. Similarly, the developer should set out any remedial measures necessary to bring the land back into use. Particular attention should be paid to the effects of the development on the water environment. This approach is carried forward in Policy G18.
2.65 A site which may be contaminated to some degree by virtue of any previous usage, forms a potential risk to water quality, especially if redevelopment occurs. Potential developers of such sites should contact the Environment Agency at the earliest opportunity in order to discuss the need for historical information and site investigation to determine the degree of contamination.
2.66 Following the results of any investigation, the developer will be required to submit details, or a method statement, of appropriate measures to prevent pollution of groundwater and surface water. This is particularly important in the case of proposals for development in areas of unknown, difficult or sensitive ground conditions. These proposals must be approved by the District Council, in consultation with the Environment Agency, prior to any works commencing.
2.67 The statutory guidance in connection with the application of the regime for the identification and remediation of contaminated land, under Part IIA of the Environmental Protection Act 1995 came into effect in April 2000. This will require Local Authorities to determine the extent of contaminated land in their area, consider the impact on “receptors” and whether it is necessary for the Local Authority or the Environment Agency to intervene and require remediation. It is likely that remediation of contamination, as part of a development scheme, would avoid action being taken by the Local Authority under this regime.
POLICY G18
PROPOSALS FOR DEVELOPMENT IN AREAS OF UNKNOWN GROUND CONDITIONS, OR GROUND LIKELY TO HAVE BEEN CONTAMINATED THROUGH A PREVIOUS USE, WILL BE REQUIRED TO BE ACCOMPANIED BY A METHOD STATEMENT DEMONSTRATING HOW AN INVESTIGATION INTO GROUND CONDITIONS WILL BE CARRIED OUT. WHERE PLANNING PERMISSION IS GRANTED, IT WILL BE ISSUED WITH CONDITIONS AND WHERE APPROPRIATE, LEGAL AGREEMENTS TO SECURE REMEDIAL WORKS TO ALLOW THE LAND TO BE BROUGHT BACK INTO USE, AND, WHERE APPROPRIATE, PREVENT POLLUTION OF GROUNDWATER AND SURFACE WATER, IF RECOMMENDED AS A RESULT OF INVESTIGATIONS. SUCH WORKS SHALL BE UNDERTAKEN BEFORE THE DEVELOPMENT ITSELF COMMENCES.
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Water Resources
2.68 The District Council, together with the Environment Agency, is concerned that the provision of water does not have a detrimental impact on the environment. In some areas, over-abstraction has resulted in reduced flow rates in rivers. For example, the River Wye has suffered from low flows for some years. The Environment Agency is currently investigating the extent that abstraction has contributed towards this. Further abstraction in such locations will exacerbate this problem.
2.69 Development should be limited to locations where adequate water resources already exist, or where remedial methods can be introduced/or new provision of water resources can be made, without adversely affecting existing abstraction, river flows, water quality, agriculture, fisheries, amenity or nature conservation. The housing allocations made under Policy H2 have been the subject of consultation and it may be assumed that the supply and local distribution of water to them will not exacerbate the overall problem of abstraction.
2.70 RPG9: Regional Planning Guidance for South East England (2001) advises that water related issues should be taken into account when identifying land for development and re-development. Development plans should co-ordinate the timing of new development with the provision of sustainable water supplies and should promote the introduction of water conservation measures.
POLICY G19
1. THE DISTRICT COUNCIL WILL NOT PERMIT DEVELOPMENT WHICH WOULD INCREASE THE REQUIREMENT FOR WATER, UNLESS ADEQUATE WATER RESOURCES EITHER ALREADY EXIST, OR WILL BE PROVIDED IN TIME TO SERVE THE DEVELOPMENT.
2. MEASURES TO REDUCE THE DEMAND FOR WATER, INCLUDING WATER EFFICIENT DEVICES, THE RE-USE OF WATER, AND CONSERVATION PRACTICES, SHOULD BE INCORPORATED WITHIN NEW DEVELOPMENT WHEREVER PRACTICABLE.
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Development within the Flood Plain
2.71 Floodplains are areas of low-lying land adjacent to watercourses which are liable to flood under certain conditions. For the purposes of this Local Plan, they are more closely defined by the peak water level of the 1 in 100 years return period flood, where known, or the highest known water level. In considering new development, it is important not to reduce the capacity of floodplains to store floodwater or to impede the flow of floodwater, thereby increasing the risk of flooding elsewhere.
2.72 Following the issuing of national planning guidance (PPG25: Development and Flood Risk) in 2001, the area defined for the purposes of both Policies G20 and G21 on the Proposals Map should be regarded as only representing Zone 3 (High Risk (>1.0% annual risk of flooding)) as described in Table 1 of PPG25. In due course, Supplementary Planning Guidance (SPG) will be issued in consultation with the Environment Agency. The relevant degree of restraint on development, redevelopment and intensification of existing land uses and the suitability of any remedial or preventative measures will be determined having regard to the advice set out in PPG25.
POLICY G20
1. AREAS AT MOST RISK FROM FLOODING ARE DEFINED ON THE PROPOSALS MAP IN ACCORDANCE WITH THE ADVICE OF THE ENVIRONMENT AGENCY AND OTHER RELEVANT BODIES. AREAS AT BOTH GREATER OR LESSER RISK WILL BE DEFINED IN SUPPLEMENTARY PLANNING GUIDANCE. ALL DEVELOPMENT, REDEVELOPMENT OR INTENSIFICATION OF EXISTING LAND USE WITHIN THE PRESENT OR FUTURE DEFINITIONS OF FLOOD RISK MAY BE REFUSED PERMISSION UNLESS THE PROPOSED DEVELOPMENT CAN SHOW THAT IT WOULD NOT, OF ITSELF, OR IN CONJUNCTION WITH OTHER KNOWN OR AUTHORISED DEVELOPMENT:
a. IMPEDE THE FLOW OF FLOOD WATER; OR
b. REDUCE THE CAPACITY OF THE FLOODPLAIN TO STORE FLOOD WATER; OR
c. INCREASE THE NUMBER OF PEOPLE OR PROPERTIES AT RISK FROM FLOODING; OR
d. OBSTRUCT LAND ADJACENT TO WATER COURSES REQUIRED FOR ACCESS AND/OR MAINTENANCE PURPOSES; OR
e. CAUSE SIGNIFICANT ADVERSE EFFECTS ON THE ENVIRONMENT, WITH PARTICULAR EMPHASIS ON AREAS OF NATURE CONSERVATION, LANDSCAPE AND HERITAGE IMPORTANCE.
2. PROPOSALS WHICH WOULD RESULT IN THE ALLEVIATION OF FLOOD RISKS WILL BE PERMITTED, SUBJECT TO THERE BEING NO SIGNIFICANT CONFLICTS WITH THIS OR ANY OTHER POLICY IN THIS LOCAL PLAN.
2.73 Unless carefully sited and designed, new development in built-up areas can significantly exacerbate the problems of flooding in areas downstream, through an increase in run-off from additional impermeable surfaces such as roofs and paving. In some cases, however, it may be possible to overcome these problems by the construction of flood storage/balancing ponds for urban and industrial development, which may have the added benefit of reducing the amount of silt and organic matter entering watercourses.
POLICY G21
PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT OR REDEVELOPMENT THAT WOULD RESULT IN AN INCREASED FLOOD RISK, DUE TO ADDITIONAL AND UNIMPEDED SURFACE WATER RUN-OFF, DOWNSTREAM OF THE PROPOSED DEVELOPMENT, HAVING REGARD TO THE VARIABLE DEFINITION OF RISK AREAS WHICH MAY BE DEFINED FOR THE PURPOSES OF POLICY G20.
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Surface and Groundwater Protection
2.74 In accordance with Circular 30/92 “Development and Flood Risk”, and policy W1 of the County Structure Plan, the water quality of local watercourses is of great concern. Poor quality water can affect abstraction for potable and industrial water supply, as well as amenity and conservation. Particular problems can arise if developments disturb contaminated land (which in appropriate circumstances needs to be sealed against the leakage of polluted matter). The District Council will work with the Environment Agency to support initiatives to improve water quality.
2.75 Also of concern is the need to protect groundwater resources, particularly as aquifers within the District play an extremely important role in terms of public water supply. It is better to prevent pollution than to deal with subsequent contamination. In this respect, applicants should give due regard to Environment Agency policy and practice for the protection of ground water.
2.76 As necessary, applicants will be required, as outlined in PPG23 to carry out a detailed site survey on contaminated sites and submit details of measures to ensure no detrimental effect on surface and groundwater. The District Council will liaise with the Environment Agency, and the Water Companies, in respect of such measures.
POLICY G22
THE COUNCIL WILL NOT GRANT PLANNING PERMISSION FOR DEVELOPMENT WHICH WOULD RESULT IN UNACCEPTABLE RISK TO, OR HAVE A DETRIMENTAL EFFECT ON, THE QUALITY OF GROUND OR SURFACE WATER.
2.77 The District Council will seek to control surface water discharges from new developments. This is to safeguard downstream premises from flooding, reduce fluctuations in flow and to encourage the retention of water locally by recharging groundwater. The Environment Agency is producing a ‘Best Management Practice Guide’ on the best means of controlling surface water, and how these principles will be adopted. Where there are known capacity restrictions downstream, then maximum discharge rates will be set to safeguard land and properties from flooding risk. Solutions may include the use of storage ponds, attenuation tanks, wetlands and reed beds.
POLICY G23
1. DEVELOPMENT WHICH IS LIKELY TO CREATE RUN-OFF AND SURFACE WATER WILL ONLY BE PERMITTED WHERE:
a. SURFACE WATER DISPOSAL SOLUTIONS, THAT ARE SUSTAINABLE AND PROTECT THE ENVIRONMENT, ARE PROVIDED AS AN INTEGRAL PART OF THE DEVELOPMENT. WHERE NECESSARY, DISCHARGE RATES FROM SITES WILL BE RESTRICTED AND MEASURES TO ATTENUATE THEM AND TO DISPOSE OF WATER IN ACCORDANCE WITH BEST PRACTICE WILL BE REQUIRED;
b. THE RUN-OFF WOULD NOT INCREASE THE RISK OF UNACCEPTABLE FLOODING OF WATERCOURSES, LAND OR PROPERTY;.
c. EXISTING LAND DRAINAGE SYSTEMS WOULD NOT BE ADVERSELY AFFECTED; AND
d. THE EFFECTIVE MAINTENANCE OF WATERCOURSE CHANNELS WOULD NOT BE PREVENTED.
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Renewable Energy
2.78 There is major concern, both nationally and globally, regarding the impact of the use of fossil fuels on our environment through pollution, damage to the ozone layer, and its effect on climatic change. Planning Policy Guidance Note 22: Renewable Energy (PPG22, February 1993) supports the principle of encouraging renewable energy schemes, but emphasises that development proposals relating to such schemes should be considered carefully against any potential environmental impact. Proposals which aim to utilise renewable energy resources should also be considered in the light of existing statutory planning designations, such as the Green Belt, Areas of Outstanding Natural Beauty and Conservation Areas.
2.79 The District Council will encourage the use of renewable energy, and will promote energy conservation with a view to reducing fossil fuel consumption and improving energy efficiency. The sources of renewable energy which may prove re-useable within the District are woodland residues and coppiced willow or poplar, farm slurries, municipal and industrial waste, small-scale wind power and solar energy (by passive solar design and solar panels). These resources are not yet abundant but, nonetheless, should be given proper consideration to ensure that they contribute to the Government’s objective of providing 25% of the country’s energy needs through renewable energy resources by the year 2025. The full potential for using renewable energy schemes which are most likely to produce results locally is yet to be realised. The Council would like to support renewable energy schemes provided that adequate measures to safeguard the environment are taken, and no harm is caused to other interests of acknowledged importance.
POLICY G24
THE DISTRICT COUNCIL WILL SUPPORT DEVELOPMENT PROPOSALS WHICH WOULD PROVIDE FOR ENERGY CONSERVATION AND/OR THE GENERATION OF ENERGY FROM RENEWABLE SOURCES, PROVIDED THAT DEVELOPMENT WOULD NOT HAVE AN ADVERSE ENVIRONMENTAL IMPACT, AND IS NOT DETRIMENTAL TO THE AMENITY OF NEARBY RESIDENTS.
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Advertisements and Signs
2.80 Many adverts on business premises have deemed planning consent under the Town and Country Planning (Control of Advertisements) Regulations 1992. For those advertisements that need consent, the District Council can exercise its powers only in the interests of amenity and public safety.
2.81 The principle that an application should be decided in accordance with this Local Plan, unless material circumstances indicate otherwise does not apply in advertisement cases. But Local Plans can continue to play a role, by setting out the approach to issues of amenity and safety, and providing the public and landowners with a ready reference point.
2.82 Policy G25 is included in order to ensure the maintenance of amenity, public safety, and the visual quality of the environment when an application for the display of advertisements is made. Signs and advertisements should be in keeping with the general characteristics of the locality in their design. They should also respect the presence of any feature of historic, architectural, cultural or similar interest. In addition, particular policies apply to advertise-ments in Conservation Areas. The proliferation of signs, which would result in an unsightly and cluttered appearance detracting from the environment, will be strongly discouraged.
2.83 In terms of public safety, advertisements must not cause danger to road users, or obscure or hinder the ready interpretation of any road traffic, or other transport signs.
POLICY G25
1. CONSENT WILL ONLY BE GIVEN FOR THE DISPLAY OF SIGNS OR ADVERTISEMENTS WHICH RESPECT BOTH THE INTERESTS OF PUBLIC SAFETY AND VISUAL AMENITY, AS ASSESSED IN THE CONTEXT OF THE GENERAL CHARACTERISTICS OF THE LOCALITY AND ANY FEATURES OF ARCHITECTURAL, HISTORIC, CULTURAL OR SPECIAL INTEREST WHICH IT MAY CONTAIN.
2. IN ASSESSING VISUAL AMENITY, CONSENT WILL ONLY BE GIVEN WHEN THE PROPOSED SIGN OR ADVERTISEMENT IS IN KEEPING WITH ITS SURROUNDINGS, IN TERMS OF SCALE, COLOUR, MATERIALS USED, TYPE AND INTENSITY OF ANY ILLUMINATION, AND METHOD OF DISPLAY AND SUPPORT.
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Designing for Safer Communities
2.84 Well-designed development can reduce the opportunity for crime, and therefore reduce the fear of crime. The main way to reduce the opportunity for crime is to allow natural or casual observation over the public realm and to ensure distinct separation of public and private areas. Natural surveillance provides eyes on the street, and a form of natural policing.
2.85 The most efficient form of layout to achieve the distinct separation of public and private areas is the ‘perimeter block’. This is where all development faces the public areas (ie, the streets) and all private rear areas are together. This has two main advantages: there are no exposed private areas which would allow access by criminals, and all the public areas have natural surveillance. In addition, this protects amenity by reducing the opportunity for overlooking of private areas. In order to make clear which areas are private, they should be securely enclosed, but this should not be at the expense of providing natural surveillance.
2.86 Particular care is needed when perimeters have communal parking and entrances. This often leads to confusion over responsibilities, and can lead to less effective security.
2.87 Detailed supplementary guidance on designing out crime is included in the Council’s Advice Note: Design Against Crime.
POLICY G26
1. DEVELOPMENT SHOULD BE DESIGNED FOR SAFER COMMUNITIES, THEREBY REDUCING THE FEAR OF CRIME. THE LAYOUT AND DESIGN OF NEW DEVELOPMENT SHOULD:
a. CLEARLY DISTINGUISH BETWEEN THE PRIVATE AND THE PUBLIC AREAS;
b. ALLOW NATURAL SURVEILLANCE OF ALL PUBLIC AREAS, INCLUDING OPEN SPACE, ROADS, FOOTWAYS AND PARKING AREAS; AND
c. IN DESIGNING PLANTING SCHEMES, ALLOW THE PLANTING TO MATURE WITHOUT UNACCEPTABLY REDUCING NATURAL SURVEILLANCE.
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Art in the Community
2.88 The provision of public art in association with new development can help the visual quality of development, enhance the quality of the public realm and cultural understanding of the built environment. Public art can cover a wide range of artwork to include sculptures, water features, murals, mosaics, paving design and signage. Priorities for public art provision are in town centres, key gateways and landmark locations and as part of large commercial and recreational developments.
POLICY G27
THE DISTRICT COUNCIL WILL ENCOURAGE THE PROVISION OF NEW WORKS OF ART AS PART OF MAJOR NEW DEVELOPMENT WITHIN OR ADJACENT TO THE PUBLIC REALM, IN ORDER TO IMPROVE THE APPEARANCE AND AMENITY OF THE AREA.
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Telecommunications
2.89 The needs of modern telecommunications are such that new equipment may, on occasion, be required in areas where other forms of development would be in conflict with the policies in this Local Plan. Whilst recognising the importance of telecommunications, the District Council wishes to protect the environment in accordance with Planning Policy Guidance Note 8: Telecommunications (PPG8, August 2001). Therefore, it will seek to ensure that the design and siting of equipment minimises its impact upon the environment, whilst remaining operationally feasible.
2.90 PPG8 indicates that Local Planning Authorities should respond positively to telecommunications proposals, while taking account of the advice on the protection of urban and rural areas in other Planning Policy Guidance Notes. Clearly, this advice requires those determining applications for telecommunications development to balance the wider benefits of such development against potential damage to protected areas, particularly Article 1(5) land (which includes conservation areas and the AONB). The telecommunications code system operators have now met their licence conditions in respect of population coverage. It is considered that this changes the balance between the need for development, and the protection of environmentally sensitive areas in favour of such protected areas, including the Chilterns Area of Outstanding Natural Beauty, and Conservation Areas.
2.91 The detailed siting of telecommunications equipment should satisfy the criteria set out in Policy G28. The District Council will require evidence to demonstrate that the sharing of sites or masts or alternative location on high buildings or structures have been investigated. Developers will be expected to demonstrate how each proposal relates to the operator’s own network coverage and any available equipment. Such information on existing coverage and the authorised locations of all installations will be recorded by the Council and be available for public inspection. If it is not feasible to share an existing or authorised mast, site or tall structure, tree screened locations may be the least objectionable. In all cases, opportunities to use existing natural or artificial screening should be taken and, if necessary, extended site areas and adequate landscaping and planting provided.
2.92 When masts have reached the end of their useful life, and/or are no longer required, then the District Council will require these masts to be removed. Health effects associated with radio waves emitted from mobile cellular base stations are to be monitored by the Strategic Director (Customer Services). This policy will be maintained in the light of developing technology and further national guidance in the light of health issues.
POLICY G28
1. TELECOMMUNICATIONS INSTALLATIONS SHOULD IN ALL CASES BE DESIGNED AND SITED SO AS TO MINIMISE ANY ADVERSE IMPACT UPON THEIR SURROUNDINGS. IN AREAS OR SITES WHICH HAVE BEEN DESIGNATED FOR THEIR LANDSCAPE, HISTORIC OR NATURE CONSERVATION IMPORTANCE, INCLUDING THE CHILTERNS AONB, APPLICANTS WILL NEED TO DEMONSTRATE, WITH PARTICULAR REFERENCE TO EXISTING SYSTEMS AND CURRENT NETWORK COVERAGE AND PERFORMANCE, WHY A SITE OUTSIDE SUCH AREAS CANNOT BE USED. IN ASSESSING SUCH PROPOSALS, SPECIAL REGARD WILL BE GIVEN TO THE PROTECTION OF THE DESIGNATED AREA’S SPECIAL CHARACTER.
2. ANY NEW OR ADDITIONAL TELECOMMUNICATIONS EQUIPMENT WILL PREFERABLY BE SITED OR INSTALLED AS FOLLOWS:
a. WHERE THE AMENITIES OR ENJOYMENT OF ADJACENT RESIDENTIAL PROPERTIES WOULD NOT BE ADVERSELY AFFECTED; AND,
b. WHERE EXISTING SCREENING OR CONCEALMENT IS EITHER AVAILABLE OR WOULD BE PROVIDED AS A RESULT OF DEVELOPMENT; OR,
c. WHERE EXISTING TELECOMMUNICATIONS SITES OR INSTALLATIONS EXIST OR HAVE BEEN AUTHORISED; AND,
d. WHERE NEW MASTS ARE NEEDED, THEY SHOULD BE SITED NEAR TO EXISTING TALL STRUCTURES OR BE SCREENED BY WOODLAND.
3. WHERE NEW FREE-STANDING OR ISOLATED MASTS OR TOWERS ARE PROPOSED, APPLICANTS SHOULD DEMONSTRATE THAT THE ALTERNATIVE OF SHARING EXISTING OR PREVIOUSLY AUTHORISED SITES OR STRUCTURES HAVE BEEN ADEQUATELY EXPLORED AND FOUND TO BE IMPRACTICABLE.