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Chapter 6
PRESERVING, ENHANCING AND CONSERVING OUR BUILT AND NATURAL ENVIRONMENTS
 
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THE BUILT ENVIRONMENT
   
6.1 The importance of good design in securing high quality development has been recognised by central Government. The Government’s commitment to good design is apparent in PPS1 ‘General Policies and Principles’ and PPG3 ‘Housing’. The important role of urban design is emphasised, particularly in relation to the requirement to safeguard the countryside by concentrating mixed-use development at higher densities on previously developed land close to urban centres where there are good public transport links. The challenge is to meet this requirement and create ‘places’ rather than ‘development’, with locally distinctive identities.
6.2 The Kent and Medway Structure Plan acknowledges the strategic importance of conserving and enhancing the quality of the built and natural environment both for its effect on the quality of life and for the support it gives in stimulating new investment.
6.3 The Kent Design Guide (December 2005) expands the design policies in this Local Plan. Canterbury City Council will adopt ‘Kent Design’ as a supplementary planning document. It is intended that further guidance on Conservation and Heritage, Landscape Design and Lighting Design will be produced and adopted.  Supplementary Planning Guidance or Documents  (SPG/SPD) expand on and illustrates the policies in the Local Plan.  A number of different types of guidance are available from the City Council, including development briefs and development principles/guides, conservation area appraisals, landscape appraisals and subject specific guidance. These documents are intended to assist the Council in making decisions and help people who are applying for planning permission. By providing this advice, the Council helps ensure that good quality development is achieved. Subject specific guidance available includes the following titles, which may be amended or added to during the life-time of the Plan:
 
  • Affordable Housing (Housing for Local Needs) (2002)
  • KPOG Good Practice Guide on Development Contributions (1999);
  • Trees and Development (2003)
  • Crime Prevention through Design (2003)
  • Riverside Strategy (2003)
  • Shopfront Design (2003)
   
GOOD DESIGN PRINCIPLES
   
6.4 “Good Design will generate a lively, well-used environment coupled with the development of a strong local economy, safe and attractive places in which to live and work and good access to services.  By contrast, poor design could create a hostile, unloved environment that may lead to social and economic dysfunction and reduce the value of surrounding areas “ Kent Design (December 2005).
6.5 Throughout the District, in both urban and rural locations, the City Council aims to ensure that all new development is of good design.  Good design involves understanding and responding to the local context to create locally distinctive sustainable development that works functionally, ecologically, socially and aesthetically to positively enrich the environment. Sustainable development can be defined as “development that meets the needs of the present without compromising the ability of those in the future to meet their own needs”. The effects of climate change are a consequence of the emission of greenhouse gases. The reduction of greenhouse gas emissions is one of the most important issues that needs to be addressed if we are to achieve more sustainable development. Land is also a finite resource, and it is an objective of the City Council to make more efficient use of previously developed, derelict or underused land, rather than build upon fresh land.
   
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6.6 Developments should conserve natural resources, be energy efficient and minimise pollution.  At present, operational energy in buildings (heating, air conditioning, ventilation, lighting etc) accounts for 46% of the UK's CO2 emissions. New construction amounts to about 1% of the building stock per year and therefore emissions from existing buildings need to be reduced. The UK has set a target to reduce CO2 by 20% (on 1990 UK emissions) by 2010. The City Council will encourage developments that incorporate best practice initiatives such as  the Government's Energy Efficiency best practice programme (EEBp), and the recommendations from the Building Research Establishment (BRE). 
6.7 All development should respond to the objectives of sustainable development and reflect the need to safeguard and improve the quality of life for residents, conserve energy resources and protect and enhance the environment.  An indication of the level of sustainability of a development proposal can be assessed with reference to the following checklist:
  (a) Life cycle environmental cost analysis of all construction materials.
  (b) The efficient consumption of materials including using those that are locally sourced, are from renewable resources or are recycled (e.g. secondary aggregates), where appropriate.
  (c) Site selection and layout design (efficient use of land).
  (d) The presence of buildings of mixed use, tenure and type.
  (e) The presence of grouped community facilities, where appropriate.
  (f) The presence of sustainably designed buildings which include ‘zero CO2’, ‘zero heating’, ‘super insulation’, solar design, mechanical ventilation including water heating and heat recovery (MVHR), natural ventilation and the use of photovoltaics.
  (g) The presence of sustainable water and waste management regimes.
  (h) The presence of a locally distinctive identity.
  (i) The presence of an integrated landscape structure and open space system including shelter belts linked where possible to the surrounding landscape.
  (j) The presence of a safe circulation system for vehicles, pedestrians and cyclists with priority clearly given to pedestrian and cycling safety and links to public transport nodes.
  (k) The accessibility of the site to a choice of travel alternatives and the design of public transport into development proposals (such as layouts, which enable access by existing public transport services or accessible footpath links to public transport routes), including contributions to public transport, where appropriate.
  (l) The presence of a low-energy input landscape management regime for all public open space.
  (m) The retention of high quality natural features (trees, hedgerows, watercourses, water bodies etc.) and the contribution made to increasing and enhancing biodiversity.
6.8 There is a need to follow more sustainable patterns of development in order to conserve finite resources. This all-embracing theme calls for an innovative approach to design and development and, in essence, involves conserving land and material resources, integrating energy-efficient technologies, designing for ecological diversity, for less car travel and greater use of public transport.
   
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6.9 Good design enables land to be used efficiently, but above all it produces development which fits the site and possesses a locally distinctive character with a ‘sense of place’. Development without this quality is ‘anywhere’ development and usually looks ‘out of place’ in its context. The following set of general design principles and accompanying policies aim at creating ‘places’ with strong locally distinctive character or identity.
6.10 The imposition of pre-determined ‘pattern book’ building designs rarely results in the creation of locally distinctive identity.  A collaborative approach to development is needed across the professional spectrum to produce site-specific design solutions arising from the local context.
   
Context And Local Distinctiveness
6.11 The starting point for all good design is the context of the specific site in question (the character and setting of an area within which a projected scheme will be situated). Understanding context involves understanding and responding to the pattern of the built and natural environment and the social and physical characteristics of the locality in order to be able to produce locally distinctive design.
6.12 The character of settlements and small groups of buildings arises from the layout pattern of buildings, streets and spaces, density, grain, scale (height and massing), details and materials. The characteristic relationship between built form and its landscape setting and the character of the spaces between buildings (their scale and materials) are key features of distinctive local character.
6.13 The character of the landscape of a locality arises from a relationship between landform (geology, soils and the natural drainage pattern that contribute to the three dimensional shape of the land surface), land cover (vegetation cover and land use patterns) and landscape elements (characteristic buildings, structures, individual trees, hedgerows and other small scale vegetation features). It is the landscape character that gives different parts of the country their special sense of place. Variation in landscape character is a particular feature of the British landscape and maintaining this diversity is fundamental to the policies in this Local Plan. Detailed landscape appraisals have been completed and focus on Canterbury, Herne Bay and Whitstable, Blean Woods and the Great and Little Stour Valleys and the Wantsum Channel. These are adopted as Supplementary Planning Guidance to complement the County-wide landscape character studies carried out by Kent County Council. These appraisals are not exclusive, and further studies may be carried out on other landscapes during the Plan period as part of the Local Development Framework process.
6.14 Where part, or most of the context of a development site is of a rich quality (i.e. distinct architectural, historical and/or landscape merit) new development should respect, complement and enhance it. This does not rule out high quality contemporary architectural design related to the vernacular style of the locality. In this situation, the design objective should be to enhance the locally distinctive character and strengthen the sense of place.
   
Enriching the Environment
6.15 The Canterbury District is not of a uniform character. In situations away from dense urban centres or village conservation areas where there is little pronounced or historic architectural/townscape quality, the City Council’s aim is to create development of higher quality that will enrich the environment visually, architecturally and by providing a new local focus.
   
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6.16 In areas where the existing environment does not exhibit especially pronounced or historic architectural styles, townscape and landscape character, any proposals for development should upgrade the architectural, townscape and landscape design quality of the area and should be locally distinctive.
 
Large Scale Development
6.17 New development, particularly large scale development - more than 10 dwellings/0.5 ha (residential), or 1000m2; /1ha (industrial/commercial/leisure) - on sites where the context is ordinary or poor, demands an Urban Design/Landscape Design approach. Here the aim is to create a higher quality development to the surrounding context to act as a new focus for the local area. Successful places are characterised by built form and external space design being conceived together prior to traffic circulation. For example, a strong landscape framework is employed to integrate the development into the landscape setting and structure a connected open space system and pedestrian/cycle circulation network. Built development is then arranged within the openings in the framework and connected by a road hierarchy designed to be pedestrian/cycle friendly and not to dominate the visual appearance of the development.
6.18 A ‘cellular’ structure as described above, created by the landscape framework, serves to sub-divide the development into a series of connected individual areas each able to assume its own distinctive character. In this way extensive areas of characterless development are avoided.
6.19 In accordance with current Government planning guidance, the City Council also considers that the density of residential development should be increased at and immediately around urban centres with good public transport accessibility. High density does not require high-rise, but does require good urban design. The need to use land efficiently and increase density in appropriate contexts provides an opportunity for ‘joined up’ built form to tightly enclose circulation routes and external spaces.
6.20 Road design and off-street parking standards are a major determinant of the amount of land required for new housing, the price of that new housing and of the ability of urban design to create places of distinct character. Standards will be applied in a flexible manner where possible, to provide opportunity for the design of more creative external spaces. In addition, ‘Home Zones’ will be encouraged in certain circumstances. The creative use of built form and landscape design should be used to reduce the visual impact of roads and to reduce vehicle speed, rather than obvious ‘bolt-on’ traffic calming measures, wherever possible. Generous road space gives the message that drivers have priority, can drive fast and habitually use the car. Developments should be designed so that pedestrians/cyclists have priority.
6.21 The Kent Design Guide (2005) states “It may be appropriate to limit parking where there is easy access to public transport and walking and cycling routes.  It may even be practical to have car-free commercial or residential developments but these must be backed by evidence that potential residents will not require parking spaces.  It is essential that robust controls are in place on surrounding public highways to prevent displaced parking”,
6.22 Any proposal for large scale development should seek to provide a clear and coherent design framework layout that incorporates the design objectives of policy BE1 and provides a higher quality development in the surrounding area.
   
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6.23 Applications for subsequent stages and/or revisions to stages that have already received planning permission will only be considered favourably if they are consistent with the overall principles of the development and any approved Development Brief.
 
Architectural Design
6.24 The successful introduction of new buildings into established townscapes and quality landscapes is not an easy task. Often past styles are poorly copied without applying the craftsmanship of the past. Over the centuries buildings have been produced that blended well into their surroundings. The use of materials, high standards of workmanship, detailing and limits on scale and massing ensured that ‘new’ buildings were harmonious with their surroundings.
6.25 Canterbury District is an attractive area rich in architecture of every period and style. The design quality achieved in the past was generally very high, particularly in respect of the sense of place, ‘rightness’ and delight. The quality of design in new developments is one of the most obvious measures of success of the existing planning system. The expectations for quality in design have been rising over the past decade.  Future generations will judge us by the quality of what we build today.
6.26 There will be circumstances where the traditional design styles need to be followed very closely, taking account of the conservation of buildings and areas; for example, in formal terraces, estate villages or where the character of the place depends on the similarity of style, form and detailing. In some circumstances, contemporary building designs should not be inhibited. The introduction of modern versions of traditional styles will, in many instances, be acceptable or desirable. In these cases the choice of materials, colours, detailing and workmanship will be key factors. In other areas where the traditional architecture does not create the character or appearance of the ‘place’, adventurous, high quality, contemporary designs will be encouraged.
6.27 Proposals for new buildings will be expected to demonstrate: a creative design solution specific to the site; attention to quality of materials, methods of construction, finishes and details; visual interest when viewed as a whole and in detail; attention to proportions, massing, form and scale; and integration between the different parts of the building to create a coherent whole.
 
Alterations and Extensions
6.28 Extensions need to be individually designed for the specific building. Often the best approach is to pick up the style of the existing building, especially in conservation areas and for listed buildings. In other locations extensions of a contemporary design may be appropriate. Where alterations or extensions are proposed for listed buildings, building in conservation areas and the AONB, consideration will be given to the impact of the proposal on the special interest and fabric of the existing building.
6.29 Alterations and extensions to existing buildings should be designed to: complement the scale and massing of the existing building; preserve any features of interest; provide a satisfactory relationship between the old and new fabric; not lead to overlooking, overpowering or overshadowing of neighbouring properties; and ensure adequate natural light within the building, garden and amenity space.
   
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Compatibility of Uses
6.30 To maintain the high quality of life for the District’s residents, workers and visitors, the City Council will ensure that proposed uses of land are compatible with adjacent uses.  As such, development that may give rise to noise and general disturbance such as evening and late night opening, industrial uses or aircraft / helicopter noise and disturbance, will be considered carefully against Policy BE1 and appropriate conditions will be imposed to mitigate the harm that may be created.
 
POLICY BE1
The City Council will expect proposals of high quality design which respond to the objectives of sustainable development.  When considering any application for development the Council will have regard to the following considerations:
a) The need for the development;
b) Accessibility and safe movement within the proposed development;
c) The landscape character of the locality and the way the development is integrated into the landscape;
d) The conservation and integration of natural features including trees and hedgerows to strengthen local distinctiveness, character and biodiversity;
e) The visual impact and impact on local townscape character;
f) The form of the development: the efficient use of land, layout, landscape, density and mix, scale, massing, materials, finish and architectural details;
g) The reduction in energy consumption by means of layout, design, construction and alternative technology;
h) Safety and security;
i) The privacy and amenity of the existing environment;
j) The compatibility of the use with adjacent uses;
k) The need to keep the building in use and fit for purpose; and
l) Appropriate supplementary planning guidance adopted by the Council.
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PLACE-MAKING: THE URBAN DESIGN APPROACH
   
6.31 The appearance of proposed development and its relationship to its surroundings are material considerations in determining planning applications and appeals. Such considerations relate to the design of buildings and to urban design.
6.32 Urban design is the art of making places for people and is applicable to large and small scale development in rural, suburban and urban contexts. Essentially, it involves the manipulation of built form and the resultant external space to create complete new environments of distinct character with a strong sense of place. Successful streets, spaces, villages, towns and cities tend to have common characteristics which serve to remind us what should be sought to create a successful place:
  Character:  a place with its own identity.
Continuity and enclosure:  a place where public and private space is clearly distinguished.
Quality of the public realm:  a place with attractive and successful outdoor areas.
Ease of movement:  a place that is safe and easy to get to and move about in.
Legibility:  a place that has a clear image and is easy to understand.
Adaptability:  a place that can change easily.
Diversity:  a place with variety and choice.
   
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6.33 The appearance and treatment of the spaces between and around buildings is as important as the design of the buildings themselves.  Thus landscape design, a discipline concerned with external space design, should be considered to be an integral part of urban design.
   
The Public Realm
6.34 The public realm is the space within a development that is not privately owned and is available for the public to use. The design and layout of the public realm will have a direct bearing on the success of a development in terms of functionality, visual appearance and sense of place.  The public realm is also those public areas affected by new development.
   
Open Space Layout And Linkage
6.35 It is important that public open space is conceived as a ‘connected system’ at the very beginning of the master-planning process. There should be safe pedestrian/cyclist ‘green’ linkages between a hierarchy of public open spaces. It is important that the maintenance of any open space is provided for by the development associated with it. The City Council will resist proposals that result in poorly accessible, or unmanageable areas of open space, except where the open space is primarily for nature conservation interests. Where appropriate the City Council will seek a contractual arrangement, commuted payment, or legal agreement with regard to the on-going maintenance requirements of the area.
   
Natural Surveillance
6.36 The layout of new development has an influence on safety, security and the fear and perception of crime. Natural surveillance is an important factor that assists in promoting safety and security.  Where possible, development should incorporate principles of best practice in designing out crime and the opportunities that arise through development for criminal behaviour. New proposals should be mindful of the need to incorporate Circular advice on ‘Planning Out Crime’ (Circular 10/95) as a material consideration in the decision making process.
6.37 In partnership with Kent Police, the City Council has produced supplementary planning guidance  “Crime Prevention through Design” (2003) which advises on the impact of development on the opportunities for criminal and anti-social behaviour in the private and public realm. 
   
Landscape Design
6.38 Landscape design is closely related to urban design and must be seen as the total design of outside space from the very first layout design stage where built development and open space is broadly zoned to the detailed design of hard surfaces, lighting, street furniture, enclosing walls, fences and other structures as well as planting design.
6.39 High quality landscape design is paramount to the creation of successful development and place, and can best be secured through the preparation of a Landscape Design Strategy. In appropriate circumstances, a Landscape Design Strategy will be required to indicate how a new development relates to the space about it.
   
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5.50 A Landscape Design Strategy will be prepared for the main highway routes into Canterbury City, and new development will be expected to take this strategy into account. Where the Landscape Design Strategy overlaps with Conservation Areas, the preservation and enhancement of the character and appearance of the Conservation Area will be a principal consideration of that Strategy.
   
Protection of Trees and Woodland
6.41 The City Council considers it important to protect trees and hedges in the District, as they make a fundamental contribution to its character, appearance and biodiversity. Tree Preservation Orders have already been applied to many individual and groups of trees and areas of woodland and this approach will be continued as appropriate (see policy NE5).
   
Road Frontage Tree Planting
6.42 Many of the routes in the district are lined with trees and are verdant. It is the Council’s intention that highways and land adjacent to highways should, wherever possible, be ‘green corridors’.
   
Maintenance of the Public Realm
6.43 In order to ensure that the public realm is attractive, it needs to be well maintained. This policy applies to all open space areas that are not within enclosed private curtilages. Public and private areas should be clearly defined.
   
Outdoor Lighting
6.44 Lighting quality is an important visual element of urban design after dark and will be considered in the same context as other building and urban design issues through the development process.
6.45 Central Government guidance seeks an imaginative and appropriate design approach by those who design development and the people who manage the planning process. The City Council regards good quality outdoor lighting to be an important element of urban design for the reasons listed below.
6.46 Orientation - Important buildings and streets, points of arrival such as bus and railway stations, monuments, church spires, parks and rivers are all part of the rich urban scene that are less visible after dark.    Sensitive illumination of these urban features will be encouraged for navigation and ease of use.   
6.47 Safety - Lower light levels can make navigation in a busy urban area more hazardous. High quality, appropriate lighting can obviate personal injury risks and improve road safety.
6.48 Security - Good lighting has a positive impact on the use of CCTV and can be a deterrent to crime against property and the person. In order to reduce light pollution and the creation of deeply shadowed areas which deter observation, care must be taken to avoid excessive or poorly directed lighting.
   
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6.49 Environment - Lighting requires energy. Other policies in the Plan seek to ensure that energy use is sustainable and it is the City Council’s intention to promote the sustainable use of energy in outdoor lighting.  In addition, light pollution can harm the character of the countryside, villages and in some cases urban areas, where dark night skies are an important part of the nocturnal landscape.  Well-designed and appropriate outdoor lighting is important to protecting the nocturnal landscape.
6.50 Architectural Display - The architectural and urban quality of Whitstable, Herne Bay and Canterbury is a key element in generating and enhancing civic pride and in creating a sense of place. The illumination of buildings of architectural and historic interest is of value to tourism as well as providing amenity.  It is essential that any such lighting scheme is well designed to minimise light spillage and distortion of architectural detailing.   
6.51 The City Council intends to prepare Lighting Strategies for public areas and buildings, in Whitstable, Herne Bay and Canterbury.  These strategies will share the following aims:
 
  • Improve the image of the towns and City
  • Enable easier orientation in urban areas
  • Improve safety and security
  • Encourage an enhanced nighttime economy
  • Reduce pollution and energy use
  • Assist architectural display
  • Promote cultural development
  • Enhance the appearance of buildings and the urban fabric
  • Improve Views of the night sky
6.52 Lighting proposals can sometimes cause light pollution, with an adverse impact on the amenities of local residents. This light pollution can occur as ‘sky glow’, ‘glare’ or ‘light trespass’, which result in the orange glow visible around urban areas and the introduction of suburban character into rural areas; the uncomfortable brightness of a light source when viewed against the sky; and light spillage beyond the site where it is not desired or required.   Planning permission will not be granted for such schemes.  Relevant proposals should aim to achieve good design, enhancement of the urban fabric, energy efficiency, and avoidance of significant impact on the surrounding countryside, sites of nature conservation value and the amenity of local residents.  In order to control the impact of lighting schemes, the standards set out in the Institute of Lighting Engineers’  ‘Guidance Notes For The Reduction Of Obtrusive Light’ will be taken into account and the Council’s Supplementary Planning Guidance on Outdoor Lighting will be applied.
6.53 Different development proposals, such as security or car park lighting or sports and recreational lighting warrant specific guidance and advice on appropriate lighting schemes. Supplementary Planning Guidance on Outdoor Lighting provides such advice, together with general advice on external lighting techniques and pollution control.  This should aid applicants satisfy the requirements of Policy BE2. Planning applications will also need to conform with Policies NR5 and NR6 of the Structure Plan and the guidance set out in the Kent Design Guide.      
   
Public Art
6.54 ‘Public Art’ can encompass a wide variety of elements and includes art design as part of the design of buildings and developments, the design of landscape and planting, street furniture, signing, entrance features, sculpture, water features, mosaics, murals and lighting in the public realm for general enjoyment.
   
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6.55 Public art can greatly benefit a new development. It can create a sense of place and engender civic pride; it creates distinctiveness of places and spaces, and can ensure that a building, development or landscape scheme is unique. A site-specific artist commission can increase involvement of and ownership by local residents and workers to firmly link schemes to local areas. Landmark public art can also act as recognisable orientation points, lasting symbols for particular buildings and as cultural tourism attractions. The City Council has an agreed methodology of selecting, appointing and commissioning artists. Public art advice can be sought through the City Council. Public art will be sought and secured through a legal agreement as part of new development.  This issue is addressed in the council’s Development Contributions Supplementary Planning Document, currently in preparation.
 
POLICY BE2
In order to ensure that functional, visually successful public realm space is created with a strong sense of place as part of new development, the Council will have regard to the following when considering planning applications:
a) The retention and incorporation of public rights of way and the creation of a connected open space and pedestrian/cyclist circulation system related, where appropriate, to a landscape framework having regard to safety and security;
b) The maximising of opportunity for all areas of the public realm to be subject to natural surveillance;
c) The incorporation of landscape design to the frontage of development sites, particularly where they border principal roads;
d) New outdoor lighting will be encouraged as a means of improving public safety and enhancing buildings which have a positive impact upon the public realm. Lighting should not adversely affect residential amenity, sites of nature conservation value, or be obtrusive in those rural areas where dark skies are an important part of the nocturnal landscape;
e) In order to improve the physical environment of the public realm the Council will encourage the promotion of public art, subject to appropriate consultative and planning considerations.  Where new development changes or creates new public places, the Council will expect the provision of public art to be included as part of the proposal.
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DESIGN STATEMENTS, DEVELOPMENT BRIEFS AND SUSTAINABILITY STATEMENTS
   
6.56 PPS1 states that high quality and inclusive design should be the aim of all of those involved in the development process.  High quality design goes well beyond aesthetic considerations and is indivisible from good planning. Applicants for planning permission should provide a written statement setting out the design principles they have adopted in relation to the site and its wider context. This helps in assessing the application against design policies, and it requires applicants to think about design in an analytical and positive way. It enables the applicants to demonstrate to the Council how they have responded to the environment in which it is located, for example, its historic context.
6.57 Planning application design statements are appropriate for even the smallest and most uncontroversial development proposals, as together these have an enormous impact on the environment. In such cases, only a brief statement explaining the design approach (appropriately illustrated) is likely to be necessary. Applicants will be tasked with demonstrating how their applications conform to good design principles. The Kent Design Guide is a good resource for advice on the design process.
   
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6.58 On occasions when village design statements have been prepared and adopted as supplementary planning guidance by the City Council, these will form the design guidance for new development proposals.
6.59 A design statement should be submitted with planning applications and should:
 
  • explain the design principles and design concept;
  • outline how these are reflected in the development’s layout, density, scale, visual appearance and landscape design;
  • explain how the design relates to its site and wider area through a full site, area appraisal and tree survey where appropriate, and to the purpose of the proposed development;
  • explain how the development will meet the local authority’s urban design objectives/policies (and its other planning policies); and
  • include a popular summary where this would be of value in public consultation.
6.60 The written design statement should be illustrated, as appropriate, by plans and elevations; photographs of the site and its surroundings; and other illustrations, such as perspectives.
6.61 With large scale developments, a context appraisal, context plan and analysis of the site will also be required.
6.62 Development Briefs will be required for the Regeneration Zones identified on the Proposals Map (see also Insets 1 & 2).  All development within them shall demonstrate how the proposal is in accordance with the Development Brief.  In addition, Development Briefs shall, or have been,  provided for the following sites:
 
  • Hillborough Farm, Herne Bay
  • Sea Street, Herne Bay
  • Westbrook Industrial Park , Herne Bay
  • Courts Superstore, New Dover Road/ Upper Chantry Lane, Canterbury
  • Land at Herne Bay railway station – to include assessment of station car parking requirements
  • Land at Whitstable railway station – to include assessment of station car parking requirements
  • Hadlow College, Canterbury
6.63 The development briefs will be adopted, following a period of public consultation.  Where the development brief is not prepared by the City Council, the landowner or developer is advised to seek guidance on its content because different sites are likely to require alternative treatments, for example town centre sites.  In general, the development brief should set out the key constraints and contextual characteristics of the site, and establish design parameters and other specific expectations.  These might include infrastructure needs, opportunities for external spaces and other environmental enhancements. 
6.64 Sustainability statements are a useful method of clarifying the ways in which the objectives of sustainable development have been incorporated within a proposed development.  Where appropriate, the statement should provide information on the subjects contained within the sustainability checklist in paragraph 6.7.  The sustainability statement is another important means by which applicants should demonstrate design quality, and as such , for minor developments, this could be incorporated as part of the design statement.
   
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6.65 For major developments, (as defined in the General Development Procedure Order 1995 or subsequent amendments), however, the sustainability statement should form a separate statement that focuses in detail on measures taken to reduce environmental impact and enhance social and economic benefits.  The South East England Development Agency’s ‘Sustainability Checklist for Developments in the South East’ provides further guidance that may be used by developers to demonstrate that sustainability has been incorporated into their development proposals. 
6.66 A Supplementary Planning Document will be prepared to give additional guidance on this subject and will seek to ensure that sustainability issues have been addressed during the design process.  The document will establish thresholds, which set out the detail and the issues that should be considered in the statement for development of different scales.  Guidance available on this subject may be updated during the life-time of the plan.
6.67 PPS1 sets out in some detail the importance of pre-application discussions.  This ensures a mutual understanding of development objectives and constraints and helps ensure that all applications are complete and address all the relevant issues.  Time delays often result from failure to discuss development ideas with the Council and applicants are encouraged to discuss their design and sustainability statements with planning officers prior to submission of planning applications.
 
POLICY BE3
Design statements and/or Development Briefs shall be submitted with planning applications setting out the principles used in the scheme to relate the development within and to its context. This will apply to all planning applications, where the development is visually significant or is significant to its neighbours.
Sustainability statements will also be required in appropriate circumstances, particularly with applications for major development, and should demonstrate how the proposal has responded to the objectives of sustainable development.
A Supplementary Planning Document will give guidance on sustainability measures for the layout, design and construction of buildings and the level of detail required from development of different scales.
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HERITAGE AND CONSERVATION
   
6.68 The heritage and conservation objectives of the City Council are to preserve and enhance the character or appearance of conservation areas, listed buildings, historic parks and gardens and the Canterbury World Heritage Site, and to safeguard Canterbury District’s archaeological heritage.
6.69 Canterbury District has a rich variety of architectural and cultural heritages, ranging from picturesque villages, to Victorian suburbs, a working harbour, and a World Heritage Site in an internationally famous city. The Local Plan aims to preserve or enhance the historic environment throughout the District. The policies and objectives below are amplified by Supplementary Planning Document ‘Heritage, Archaeology and Conservation’.
   
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6.70 Historic environments are made up of an intricate web of features including buildings, structures, the street pattern, public spaces, trees and gardens, and alleyways. The Plan aims to protect these features, and ensure that they are retained or reinstated where appropriate. The relationship between conservation and growth is one of the important issues facing the District in the future. The quality and character of the environment is of prime importance to residents and tourists, and also for attracting new investment. The issue is how to balance the need for economic growth with protection of the historic environment.
6.71 The design of new development in historic locations needs careful consideration. Development should accord with the design guidance given in policy BE1. Design of new development in historic locations should reinforce or create a sense of place and make an environment that offers variety and visual interest. High quality designs that respect the historic context will be encouraged. However the design of new developments should avoid confused and superficial reflections of existing historic buildings.
6.72 The street pattern is often critical to the character of a historic location. Patterns of movement have evolved over centuries and the existing layout often creates views and vistas of great character. New development should fit in with the existing street pattern, the ‘grain’, of an area. Where the historic street pattern has been lost or damaged the City Council will seek its restoration where appropriate.
6.73 Within or adjoining conservation areas, and in locations that affect the setting of listed buildings, scheduled monuments or nationally important archaeology, development proposals should accord with the design policies BE1-BE3 of this Local Plan and policies QL6, QL7 and QL8 of the Structure Plan.
   
World Heritage Site
6.74 Canterbury Christchurch Cathedral, St. Augustine’s Abbey and St Martin’s Church were inscribed by UNESCO on the list of World Heritage Sites in 1988. World Heritage Sites are cultural or natural properties of outstanding universal value that are to be protected. A Management Plan has been produced for the site, which represents a statement of commitment to the site by the various owners and ‘managers’ and provides a framework for future actions and aspirations.  The City Council recognises the international importance of the World Heritage Site and its ‘buffer zone’, and will continue to support and encourage their maintenance, interpretation and management.
 
POLICY BE4
The City Council will regard the status of the World Heritage Site as shown on the Proposals Map (Insets 1 & 2) as a key material consideration in determining planning applications, and applications for listed building consent that would affect the World Heritage Site or its setting.
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Listed Buildings
6.75 Listed buildings are a finite resource and their preservation is considered to make a major contribution to the quality of life in the district and its cultural heritage. Buildings of special and local architectural or historic interest throughout the District should therefore, be retained, appropriately used and kept in good repair.
   
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6.76 There are 2,887 listed buildings in the Canterbury District, dating from 1100 to 1953 (as at 01/06/06). The term ‘listed building’ can cover a wide variety of man-made structures like bridges, walls, statues, mileposts and lampposts. Listed buildings enjoy special protection under planning law and the City Council will take all reasonable means to ensure that listed buildings and their settings are preserved or enhanced. In addition there are 753 locally listed buildings, which are considered to be of local architectural or historic interest. Government Inspectors identified these buildings when carrying out the surveys of statutory listed buildings they considered to be of interest, and the City Council has added to these.  The City Council will seek to secure the retention, maintenance and continued use of buildings of architectural or historic interest.
6.77 The need to maintain and repair historic buildings, and keep them occupied is very important. A balanced approach is therefore required, between the need to protect the integrity or interest of the historic building and the need to ensure that the building is fit for its purpose. Changes of use, extensions and alterations that are proposed as part of repair, or finding a use, must retain the character and overall appearance of the building. Any replacement of the fabric of a listed building should be kept to a minimum in order to maintain the value and character of the building.
6.78 Extensions and alterations should not dominate the listed building in terms of form, height, profile and materials. The character of listed buildings frequently depends on its immediate setting.  Gardens, yards and other spaces used by pedestrians together with boundary walls, railings and fences can be integral to the appearance and composition of many buildings and should be retained where appropriate. Alterations and demolition to allow for parking of cars will not be permitted if it is considered detrimental to the character or appearance of the building.
6.79 The City Council will seek to safeguard the character and settings of listed buildings and locally listed buildings through control of the design of new development in their vicinity, by control of the change of use of adjacent land to ensure that there is no adverse material impact, and by the preservation of trees and other site features as and where appropriate.  The setting of a building is an essential part of its character.  As well as ancillary or adjacent land, the setting of a building may include land some distance away from it.
 
POLICY BE5
In considering proposals for external or internal alterations to a listed building, and external alterations to a locally listed building, the City Council will, if the alterations are required or desirable, ensure that the building is fit for its purpose whilst having special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest, which it possesses.
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POLICY BE6
Proposals for extensions to, or changes of use of, a listed building which will enable the building to be used or made fit for purpose, will be approved provided that the building, its setting, and any features of special architectural or historic interest are preserved.
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Demolition
6.80 The general presumption is that locally listed buildings in conservation areas, and buildings in conservation areas that make a positive contribution to the character or appearance of a conservation area, should be retained.  Consent will not be given for full or substantial demolition without clear and convincing evidence that all reasonable efforts have been made to sustain existing uses or to find new viable uses; that preservation in some form of charitable or community ownership is not possible or suitable; or that redevelopment would produce substantial benefits for the community which would outweigh the loss from demolition.
6.81 There is a presumption in favour of preserving listed buildings and consent will not normally be given for their demolition. When a building is redundant, every effort must be made to find a viable new use. Listed building consent will not normally be given for works of alteration or extension, which detrimentally affect the character of the building.  Government policy and advice can be found in PPG15 - ‘Planning and the Historic Environment’. Detailed guidance is available in the Heritage, Archaeology and Conservation Supplementary Planning Document.
6.82 Consent will not be granted for the demolition of a listed building other than in exceptional circumstances in accordance with Structure Plan policies QL6 and QL8.
   
Conservation Areas
6.83 The historic character of the Canterbury District varies from town to country, seaside to river valley. It follows, therefore, that conservation areas will also vary in type and character. Conservation areas are defined as ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. Designation places a greater emphasis on design, materials and appearance in consideration of development proposals, involves public consultation, requires consent for the demolition of unlisted buildings and gives additional protection to trees. The policies contained in this part of the Plan should be read in conjunction with the Heritage, Archaeology and Conservation Supplementary Planning Document that gives further information and advice.
6.84 The City Council has a duty to survey and designate areas that it considers are of special architectural or historical interest as conservation areas. Once designated, the City Council has a duty under the Planning Acts to carry out Conservation Area Appraisals and to preserve or enhance the special character or appearance of these areas.  The demolition of buildings and features that contribute to the character and appearance of conservation areas will also be resisted.
   
Designation of Conservation Areas
6.85 The City Council will review and, if appropriate, identify new or amendments to existing conservation areas. Conservation area appraisals will be carried out over the Plan period and it is intended that these will perform a review function.The following criteria will be taken into account when reviewing or proposing conservation areas:
 
  • The origins and the development of the topographic framework of the area;
  • The archaeological significance of the area;
  • The architectural and historic interest, character and quality of the built environment of the area;
  • The relationship between the built and natural environments, including landmarks, vistas and views and the contribution of any open spaces;
  • The presence of any negative or neutral features in the area; and
  • The prevailing (or former) uses within the area and their historic patronage and the influence of these on the plan form and building types.
   
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6.86 In seeking to implement the principle of preservation or enhancement, applications for new development in conservation areas will normally need to be full applications, sufficiently detailed to allow the effect of the proposal on the conservation area to be assessed. This may mean that an applicant is required to submit additional information, including drawings, models or photographs, so that proposals can be fully considered in their context. Proposals will be expected to make a positive contribution to the character or appearance of the conservation area. The City Council will normally not grant outline planning permission for development in or adjoining conservation areas.
6.87 New development in conservation areas will be required to fit into the grain of the historic area by responding to the historic street pattern, traditional building lines, boundary walls, open spaces (including private gardens and yards), alleyways, footpaths, kerb lines and carriage entrances.
6.88 The setting of historic buildings in conservation areas is often as important as the buildings themselves. Open spaces, whether in an urban or rural context, are an important part of the heritage of an area.  In order to preserve or enhance the special character of an area and the setting of its historic buildings, it is essential that these spaces are protected from unsympathetic changes and, where possible, enhanced through hard and soft landscape design that will strengthen an area’s historic character rather than dilute it. Considerable care needs to be taken in the design and choice of materials in landscape design.  Traditional paving materials, street furniture and landscape features that contribute to the character or appearance of a conservation area will be retained and, where necessary, reinstated.
6.89 Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires that special attention be paid in the exercise of planning functions to the desirability of preserving and enhancing the character or appearance of a conservation area. The desirability of preserving or enhancing the area is also a material consideration in the handling of development proposals, which are outside of the conservation area but would affect its setting, or views into or out of the area.
6.90 Historic highway structures, such as bridges and retaining walls, signs and railings, often have considerable visual appeal. Some of these structures may be listed or be in a conservation area, in which case they would be protected from demolition. In carrying out highway works or traffic schemes, the Highway Authority will seek to ensure the protection of the character and setting of historic buildings, ancient monuments and conservation areas without prejudicing road safety. The County and City Councils will be prepared to consider making exceptions to highway and car parking standards, subject to reasonable standards of highway safety being maintained, in order to ensure the preservation or enhancement of the character or appearance of conservation areas. Conservation areas can be fragile, and their distinctive quality and character can be reduced by insensitively designed development, either incrementally or through major change. Equally important to the quality and character of an area, however, is the need to constrain other adverse environmental factors, including traffic, car parking, signage and noise. However, in all cases it will be important to weigh the need for the proposal against its impact upon the conservation area, and where possible to strike the right balance.
6.91 The City Council will continue to work with Kent County Council to obtain traffic orders, signing and improvements which are of an appropriate character and quality in conservation areas (following the arrangements laid out in ‘Highway works in environmentally sensitive areas’).
   
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6.92 Many conservation areas contain buildings, or land, which can be considered as negative or neutral features. As part of its duty to enhance the character of the area, the City Council will encourage the high quality redevelopment or enhancement of these features when the opportunity arises. The City Council will encourage the sympathetic redevelopment of sites that detract from the character or appearance of a conservation area and will be prepared to consider making exceptions to land use policies and other material considerations to ensure a high quality replacement, subject to reasonable standards of amenity being maintained. A major contribution is often made to the special character of a conservation area by buildings that are not listed as being of special architectural or historic interest.
 
POLICY BE7
Development within, affecting the setting, or views into and out of a conservation area, as shown on the Proposals Map and all Insets, should preserve or enhance all features that contribute positively to the area’s character or appearance. Particular consideration will be given to the following:
a) The retention of buildings, groups of buildings, existing street patterns, historic building lines and ground surfaces;
b) Retention of architectural details that contribute to the character or appearance of the area;
c) The impact of the proposal on the townscape, roofscape, skyline and the relative scale and importance of buildings in the area;
d) The need to protect trees and landscape;
e) The removal of unsightly and negative features; and
f) The need for the development.
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6.93 The demolition and replacement of an existing building with a new one involves the inevitable loss of 'embodied' energy in the existing building. (Embodied energy is the energy used in the manufacture of materials). It also requires a considerable investment in 'embodied' energy for the new building, in terms of materials, transport and construction. Retaining existing buildings, or elements of construction in existing buildings, and seeking to enhance their thermal performance, rather than replacing them, is sustainable and is in line with heritage conservation principles.
 
POLICY BE8
The demolition of buildings or other structures in a conservation area will not be permitted unless their removal and/or replacement will preserve or enhance the character or appearance of the conservation area.
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Article 4 Directions
6.94 The City Council will, where appropriate, protect buildings of local architectural or historic interest by the application of Article 4 Directions. There are a number of alterations to buildings in conservation areas that are ‘permitted’ which can have a detrimental effect on its character. Unsympathetic alterations can undermine the character and appearance of a conservation area.
   
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6.95 The City Council will consider making Directions under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995, to withdraw permitted development rights which materially affect the external appearance of buildings, including locally listed buildings, in conservation areas (i.e. alterations to windows, doors, roofs and frontages). Conservation area appraisals and the ongoing review of conservation areas (which shall include reviews of Article 4 Directions) should indicate where Article 4 Directions would be necessary,  as most buildings affected by an Article 4 Direction are located within conservation areas.  Such a Direction would require the owners of the building to obtain planning permission prior to altering the external appearance of their house and means of enclosure.
6.96 Where development permitted under Article 3 of the Order is considered to constitute a threat to the character or appearance of the conservation area or locally listed building, and/or the direction is considered to be a necessary adjunct to the City Council’s conservation grants programme, the City Council will consider making Article 4 Directions to remove certain permitted development rights.
 
POLICY BE9
When considering planning applications resulting from Article 4.1 or 4.2 Directions, planning permission will only be permitted when there is no harmful impact on the character or appearance of the property itself and the wider area.
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Historic Landscapes, Parks And Gardens
6.97 As well as its scenic character and quality the landscape of the District has equal value for its historic and archaeological dimensions.  Human interaction with nature over thousands of years has left innumerable traces in the landscape. Kent County Council has undertaken an historic characterisation study of Kent which describes the historic landscape types in the District. Further information is also available on specific elements of the historic landscape, such as the Natural England Provisional Inventory of Ancient Woodland.
6.98 Gardens, parks and designed ornamental gardens are places of special historic interest. Canterbury District contains two properties on the Register of Parks and Gardens of Special Historic Interest prepared by English Heritage, they are: Broome Park and Dane John Gardens.  Whilst bringing no extra statutory protection, inclusion on the Register is confirmed by PPG15 as a material consideration for development control. Kent County Council has also produced a Compendium of Kent Gardens that identifies 34 additional gardens of historic interest in the Canterbury District.Historic landscapes, including parks, gardens, ancient woodland, hedgerows and trees can play an important nature conservation function.  The City Council will apply Policies NE1 where a site is likely to have protected species or species identified in Biodiversity Action Plans. 
   
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POLICY BE10
The historic landscape, including ancient woodlands, hedgerows and field boundaries, and parks and gardens of historic or landscape interest and archaeological features (such as standing remains and earthwork monuments)will be preserved and enhanced. Within historic landscapes:
a) Development which would adversely affect their historic character or appearance will not be permitted;
b) The conservation of their landscape and architectural elements will be encouraged;
c) The maintenance, restoration and reconstruction of the layout and features of historic parks and gardens will be encouraged where this is appropriate and it is based on thorough historical research; and
d) Development that would detract from settings would not be permitted.
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Historic Landscapes, Parks And Gardens
6.99 The appearance of shop fronts can have a major impact on the character and visual amenity of the District. In Canterbury, Herne Bay and Whitstable they represent an important element in the appearance of the commercial area. Modern commercial design has been one of the strongest forces for standardised shop fronts and signs. Inappropriate colour schemes and standardised components have often been installed without reference to the character and composition of individual buildings.  This has resulted in the loss of local character and distinctiveness.  
6.100 As part of its duties to enhance the character of conservation areas, the City Council will use its planning powers as well as, in appropriate instances, grant aid to secure replacement shop fronts of a high quality design using traditional materials. Where original shop fronts still remain or where shop fronts are distinctive and contribute towards the character of the building and the street scene there is a presumption against alteration.
 
POLICY BE11
Permission will not be given to alter or replace existing shopfronts of visual or historic interest.  Where new shop fronts are proposed they will be expected to comply with the principles of good design and respect the character and setting stated in Local Plan Policy BE1.
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Historic Landscapes, Parks And Gardens
6.101 Across the district, advertisements should be of a design and scale that respects the character and appearance of the area and be of good quality materials that are sympathetic to the surface to which they are fixed.
6.102 Advertisements and shop signs can contribute significantly to the character of an area if designed properly. Signage and advertisements by their nature compete for attention in the street scene. Shopkeepers need to advertise their presence, which is often important for the proper functioning of an area. However, if left unchecked, a proliferation of poorly designed and incongruous signs can spoil an area and can result in excessive visual clutter.
   
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6.103 The general aim should be to find a specific and imaginative solution which suits the building and the site. Standard signage should be adapted to the building rather than vice versa. Where consent is required, standard signs and corporate identities will only be accepted where they are used in a manner that complements the building and it’s setting.
6.104 In conservation areas, illuminated signs can pose particular problems in balancing the need and type of advertisement and the protection of the visual amenity of the area. Standard internally illuminated box and fascia signs are usually bulky and not easy to integrate with the character and appearance of a building. Sensitively designed signage and advertisements are required to take into account the building, location and amenity of the area.
6.105 Opportunities will be sought to remove, relocate or otherwise change advertisements that spoil the appearance of buildings and the area. The City Council may also require the removal of any advertisement that detracts from the character or appearance of an area.
6.106 Proposals for advertisements and illuminated signs in conservation areas will only be granted consent where they are not detrimental to amenity or public safety.  The impact of the advertisement on the character and appearance of a conservation area is a material consideration in determining applications for Advertisement Consent. As such advertisements in conservation areas should not detract from visual amenity and should conserve or enhance particular features of architectural or historic interest. Within conservation areas, the City Council will normally grant advertisement consent for painted timber fascia advertisements and traditional hanging bracket signs. Internally illuminated box signs, externally illuminated signs in modern materials such as plastic or Perspex, hoardings, advertisement balloons, banners and other inappropriate forms of advertisement that are obtrusive will not normally be granted consent in the conservation areas.
6.107 Hand painted signage, applied letters and traditional three dimensional signs will be encouraged for commercial premises in conservation areas. Signs in Perspex and other non-traditional materials will not be permitted on listed buildings, or locally listed buildings where they would seriously detract from the character and appearance of the building or area.
6.108 In conservation areas and on listed buildings, projecting signs of a traditional design are acceptable provided they are carefully positioned in relation to the elevation of the building; they are hung from traditional brackets; not more than one such sign is displayed on a building; and their illumination, if acceptable, is external and unobtrusive.
 
POLICY BE12
Advertisements should demonstrate a high quality of design, and should be located to maximise visual amenity and public safety.  Consent will be granted for proposals that satisfy the following:
a) The advertisements do not constitute an injury to public safety or road safety and do not visually harm their landscape or townscape setting; and
b) The cumulative impact of the advertisements would not be detrimental to the character of the building, or locality, where they are to be displayed; and
c) Within conservation areas and on listed buildings, the design, size, scale, materials, colour and means of illumination of signs and advertisements are appropriate having regard to the character and appearance of the area and building in and/or on which they are to be displayed.
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Blinds, Awnings And Security
6.109 Traditional retractable blinds can be attractive features in the streetscape. Modern rigid framed blinds and canopies in synthetic materials, by contrast, often do not relate to the building and appear out of character within conservation areas and the general street scene.  Blinds and canopies can appear inappropriate if not designed as an integral part of a shop front.
6.110 In conservation areas and on listed buildings, security should be provided by laminated glass, secondary glazing or internal security film.  Suitably designed see-through shutters will be considered where other measures are considered not to be sufficient. The shutter box and guides should, however, not be visible externally. External demountable traditional timber or open mesh grille shutters may be considered in certain situations (i.e. jewellers) where they are of a domestic scale and of a high quality design.
6.111 External roller shutters, whether perforated or solid, can have a deadening impact upon the appearance and character of shopping parades and the street scene generally. Although these types of shutters are one of the ways to assist in providing security for the premises themselves, they often create a stark and bland frontage to a street scene. However, the City Council recognises that there may be a business or security need for a particular design of roller shutter, and will consider the justification for such a design and whether other forms of security measures are more appropriate and practical before determining planning applications. External roller shutters, whether perforated or solid, will be resisted in conservation areas and on listed buildings.
 
POLICY BE13
Blinds, awnings, and security shutters will not be permitted unless:
a) They can be installed without damaging the character of the building;
b) The visual amenity of the area is not harmed;
c) The proposal is designed as an integral part of the building;
d) There is an overriding justification for them.
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Street Furniture
6.112 Street furniture forms an important part of the townscape and can make a significant contribution to its character and appearance, however, unnecessary clutter can also be detrimental to an area’s character and should be rationalised where appropriate. The design and siting of street furniture and advertisements displayed upon them should take into consideration the need to protect historic and conservation interests, as well as making a positive contribution to the streetscape. Policies on design and advertisements shall be considered against such proposals.
   
Archaeology
6.113 The City Council seeks to preserve the archaeological resource through the planning process and to ensure the adequate recording of archaeological sites which cannot be preserved.
   
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6.114 Canterbury District has an internationally important heritage of ancient monuments, historic landscapes and archaeological sites.  Archaeological deposits are finite, non-renewable resources that are in many cases highly fragile and vulnerable to damage. Archaeological sites are an important part of the cultural heritage of the City and the District.
 
POLICY BE14
Development, which would adversely affect the site or setting of a Scheduled Ancient Monument, (see Proposals Map, Insets 1 & 2), or other nationally important archaeological sites, monuments or structures, will not be permitted.
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6.115 Advice on whether there is likely to be an archaeological site affected by a development proposal can be obtained by contacting the City Council’s Conservation section or English Heritage. The Kent County Sites and Monuments Record provides the archaeological database for the District.   An additional urban archaeological database has been compiled by the City Council. The database has an index of all published and unpublished documentation about the City’s archaeology, a comprehensive list of observations of historic remains and an index of known monuments. It will be used to assess the archaeological importance of development sites, and will be further developed with assessment and strategy work to provide a detailed foundation on which to consider archaeological issues in the City.
6.116 Where discussions with the City Council’s Archaeological Advisor indicate that there will be no archaeological implications caused by development, then no further action is required. However, if it is indicated that the site may contain archaeological deposits, or be of known archaeological importance, then it is normal for the developer to commission an assessment. This will involve a review of all existing archaeological information relating to the area or structure in question.  An archaeological field investigation may be necessary following the assessment if that assessment considers it necessary to provide detailed information about the character, date, and state of preservation of the deposits or structures. A field evaluation is normally carried out by an archaeological contractor, to a written scheme of investigation.  Field evaluations are usually small, rapid and inexpensive projects quite distinct from full archaeological excavation.  The evaluation will produce a report that will address the questions set out in the scheme. This information must be used to produce an archaeological mitigation strategy so that important remains are preserved in situ, by, for example, the careful design of buildings and sensitive design of foundations.
6.117 If a developer is not prepared to provide evaluation information then the City Council may direct the applicant to provide such information under Regulation 4 of the Town and Country Planning (Applications) Regulations 1988. If a planning application is made without prior discussion, the City Council will assess the archaeological implications. If there is insufficient information to carry out this assessment the City Council may either direct the applicant to supply the information, or where appropriate will refuse the application.
   
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POLICY BE15
Prior to the determination of applications for development that may affect a known or potential site of archaeological interest, prospective developers will be required to make provision for an appropriate archaeological evaluation. This evaluation should define:
a) The character, importance and condition of any archaeological deposits or structures within the application site;
b) The likely impact of the proposed development on these features (including the limits to the depth to which groundworks can go on site);
c) The means of mitigating the effect of the proposed development including: a statement setting out the impact of the development;
d) The measures to be taken to allow for the preservation of in situ remains.  (If physical preservation in situ is not feasible then ‘preservation by record’ may be an acceptable alternative but this is regarded as a second best option).
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6.118 National policy in PPG16 states that where nationally important archaeological remains, whether scheduled or not, and their settings, are affected by proposed development, there should be a presumption in favour of their physical preservation. Cases involving archaeological remains of lesser importance will not always be so clear-cut and there will be a need to weigh the relative importance of archaeology against other factors, including the need for the proposed development. If physical preservation in situ is not feasible, an archaeological excavation for the purposes of ‘preservation by record’ may be an acceptable alternative. From an archaeological point of view, this should be regarded as a second best option.  Policy BE14 will be applied to proposals that may affect a Scheduled Ancient Monument or other nationally important archaeological site, monument or structure.
6.119 On sites of archaeological importance, planning permission will only be granted in accordance with policy QL7 of the Structure Plan. 
6.120 Where it has been established that the disturbance of some archaeological remains is acceptable or unavoidable, appropriate recording works will be ensured through planning agreements and conditions. Such works can range from observations and recording during the development (a watching brief), to full archaeological excavation of the site prior to development commencing, and can include the recording of standing structures. As well as the site work, the preparation of an archive record and report will be included, together with a public display and academic publication if the quality of the remains merits it.
 
POLICY BE16
Where the City Council considers that disturbance of archaeological remains or deposits is unavoidable, and physical preservation in situ not feasible, the developer will be requested to undertake archaeological recording works in accordance with a specification prepared by the City Council’s Archaeological Officer or a competent archaeological organisation that has been agreed by the City Council in advance.
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6.121 Much of the urban area of the City of Canterbury is designated as an Area of Archaeological Importance (AAI), one of only five such designations in England and Wales. Part II of the Ancient Monuments and Archaeological Areas Act 1979 provides for the designation of AAIs, based on the assumption that development will often be acceptable, but there is archaeological data which should first be recorded. The City Council supports this designation. The AAI comprises an area that is known to have been settled since the Roman and Medieval times.  Designation means that anyone intending to flood, tip on, or disturb the ground has to give six weeks prior notice of the commencement of these works to the City Council. It is an offence to carry out such operations without first giving notice, although there are some exemptions. The Canterbury Archaeological Trust is an appointed investigating authority that can advise on such matters. The investigating authority has the legal right to observe and record, or enter, survey and excavate sites for a period of up to four months and two weeks after the expiry of the six weeks notice period.
   
THE NATURAL ENVIRONMENT
   
6.122 The City Council’s key objective is to provide a diverse and thriving environment which contributes to the economic, cultural and social well-being of the District. The natural environment helps to define the character of the District and contributes to the quality of life of both residents and visitors. A high quality environment and rich biodiversity is an integral part of a sustainable community.
   
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6.123 The Structure Plan policies provide protection for internationally and nationally designated wildlife sites (policy EN6), Local Nature Reserves and Sites of Nature Conservation Interest (SNCIs) (policy EN7), tree cover and hedgerow network (policy EN9), the undeveloped coast (policy EN2) and river corridors (policy EN12).  This Plan follows guidance in PPS9and Regional Planning Guidance and has additional policies on species protection and habitat creation. The Kent Biodiversity Action Plan provides a detailed framework for safeguarding and enhancing biodiversity throughout the District.
   
PROTECTED SITES
6.124 It is important to ensure the protection of the District’s best assets by safeguarding important sites for wildlife throughout the District. The protection of wildlife sites and biodiversity is based on a network of internationally, nationally and locally designated sites, and on measures to protect and enhance biodiversity in the wider countryside.
   
Ramsar, Special Areas for Conservation and Special Protection Areas
6.125 Within Canterbury District four sites are part of internationally designated sites: Stodmarsh, Blean Woods, North Kent Coast and Swale Estuary. The designations are under the Ramsar Convention on the Conservation of Wetlands of International Importance especially as Waterfowl Habitat, the European Habitats Directive (92/43/EEC) as Special Areas for Conservation (SAC), and the European Directive on the Conservation of Wild Birds (EC/79/409) as Special Protection Areas (SPA).
6.126 Under the European legislation the City Council as a competent authority, has a duty to exercise its functions to ensure that these sites are maintained in a favourable conservation condition.  PPS9, Regional Planning Policy and the Structure Plan policy EN6 all confirm the importance of protecting these sites. The City Council will meet the requirements of the Conservation (Natural Habitats) Regulations 1994 for these sites andwill apply the Structure Plan policy EN6.
 
Sites of Special Scientific Interest
6.127 Within the Canterbury District Natural England have designated 15 Sites of Special Scientific Interest (SSSIs). These are sites that are considered to be of national importance on account of their biological or earth science interest and includes those sites designated under the Habitats Directive, Birds Directive and the Ramsar Convention.  Natural England has defined buffer zones around these sites where the City Council will consult Natural England on planning applications.
6.128 The following sites have SSSI status: Chequers Wood and Old Park, Church Woods, East Blean Woods, Ellenden Woods, Illenden and Oxenden Woods, Larkey Valley Woods, Lynsore Bottom, Preston Marshes, Stodmarsh, Sturry Pit, The Swale, Tankerton Slopes, Thanet Coast, West Blean and Thornden Woods, and Yockletts Bank.  Other SSSI’s may be designated where other sites of special scientific interest are identified.
   
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6.129 The Countryside and Rights of Way Act 2000 amends the Wildlife and Countryside Act and imposes a duty on public bodies exercising statutory functions, which may effect SSSIs to take reasonable steps, consistent with the proper exercise of these functions to further and enhance the features for which the site is of special interest.  PPS9, Regional Planning Policy and the Structure Plan policy all confirm the importance of protecting these sites. The Proposals Map (see also Insets 1, 3, 4, 5 & 6) shows the designated sites and the City Council will apply Kent Structure Plan policy EN6.
 
Sites of Nature Conservation Interest
6.130 Sites of Nature Conservation Interest (SNCIs) are sites which are considered to be of county importance for nature conservation. Within Kent the identification of SNCIs is managed by the Kent Wildlife Trust and there is a rolling programme of SNCI designations.  PPS9 and recent Government guidance has confirmed the importance of non-statutory sites. The Canterbury District supports the management of these sites. PPS9, Regional Planning Policy and Structure Plan policy EN7 all confirm the importance of protecting these sites. The Proposals Map and Insets show the designated sites and the City Council will apply Structure Plan policy EN7.
   
Natural Reserves
6.131 The Canterbury District contains two National Nature Reserves, Blean Woods and Stodmarsh, which are sites specifically managed for their nature conservation interest.  In addition, Canterbury has designated 10 Local Nature Reserves (LNRs) and it is the Council’s policy to continue to designate suitable sites as LNRs and to assist local communities in identifying further sites.
   
NATURE CONSERVATION OUTSIDE PROTECTED SITES
6.132 Outside sites that have special designation the City Council aims to safeguard and enhance biodiversity throughout the District irrespective of location.
6.133 Nature conservation interest and biodiversity exists outside protected sites - PPS9 and Structure Plan policies EN8 and EN12 seek to protect wildlife in the wider countryside and river corridors.
   
Protected Species
6.134 The City Council seeks to ensure that species protected by legislation and species identified in national and local Biodiversity Action Plans are safeguarded during development.
6.135 Plants and animals are not confined to designated wildlife sites but can occur throughout the District. PPS9 and Regional Planning Guidance (policy E2) both confirm that the presence of protected species is a material consideration in considering development proposals.
6.136 The extent of protection afforded by legislation varies according to the species. The following are some of the species that are listed under Annex 4 of the European Habitats Directive and are also known to occur within the Canterbury District: otter, great crested newt, dormouse and several bat species. The Badgers Act provides protection for badgers and the Wildlife and Countryside Act identifies species that are offered further protection. The UK Biodiversity Action Plan and the Kent Biodiversity Action Plan identify further species of importance for conservation.
   
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6.137 In the event of planning permission being granted, appropriate mitigation will depend on the species and current best practice. Best practice guides have been, or are being, developed for most species and developers will be expected to use current best practice. Translocation is often an uncertain technique and should only be used when all other options have been considered.
6.138 Where a proposed development affects a European Protected Species, the following tests in the Habitats Regulations 1994, must be satisfied and will also be considered when applying for a licence from DEFRA:
 
  • There is no satisfactory alternative;
  • The development is not detrimental to the maintenance of the species concerned at a   favourable conservation status within their natural range;
  • The development is in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.
 
POLICY NE1
Where development proposals are being considered for a site known, or likely to have protected habitats or species, or species identified in national or Kent Biodiversity Action Plans, developers will be expected to carry out a survey and present proposals for mitigation.  Planning permission will only be granted where the City Council is satisfied that the mitigation measures proposed represent an appropriate response to the habitat or species interest of the site.
For European Protected Species, planning permission will only be granted where the tests set out in the Habitats Regulations are satisfied.
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Enhancing Biodiversity
6.139 Development may provide opportunities for enhancing the biodiversity of a site or restoring or creating new areas of semi-natural habitats.
6.140 RPG9 advises that Councils should include policies and proposals to conserve and enhance existing wildlife habitats in both urban and rural areas; to encourage the identification and management of existing and potential land for nature conservation as part of development proposals, particularly where a connected series of sites can be achieved; and to identify locations and proposals for habitat management, restoration and creation.
6.141 The Kent Wildlife Habitat Survey provides a detailed inventory of semi-natural habitats in the District.
6.142 Within the District, the City Council will seek to ensure that wherever possible, landscaping proposals link to adjacent wildlife features, thereby providing opportunities for movement of animals.
   
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POLICY NE2
Where development proposals involve the loss of semi-natural habitat developers will be required to provide equivalent areas of habitat on or adjacent to the development site. Such proposals should give consideration to the wildlife interest of the development site and surrounding habitats.
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6.143 Within the East Kent area, Thanet, Dover and Canterbury District Councils have been working together with Kent County Council and conservation organisations to develop a vision for the future of the countryside, which is called the East Kent Environmental Framework.  This emerging vision proposes that substantial areas of semi-natural habitat are created. The East Kent Environmental Framework has initially identified two potential areas for environmental enhancement: the woodland within the Blean Woods SLA, and the Stour Valley, especially downstream of Stodmarsh National Nature Reserve within the Wantsum Channel AHLV. Other areas of East Kent could also be considered within the Plan period.  These sites have also been identified in the Draft South East Plan and are referred to in Policy NRM4 as identified areas of opportunity for biodiversity improvement, and in the Kent and Medway Structure Plan, Policy EN8 which aims for the protection and enhancement of biodiversity on such sites 
 
POLICY NE3
The City Council will promote the enhancement of biodiversity on land in the area of Blean Woods SLA and the Wantsum Channel AHLV, or other areas that may be identified by the East Kent Environmental Framework.
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SEASALTER
6.144 Seasalter and Graveney Levels are part of the Swale SSSI, Special Protection Area (SPA), Ramsar and Special Area of Conservation (SAC). The site is within the North Kent Marshes Environmentally Sensitive Area and the City Council owns and manages approximately 70 hectares as a Local Nature Reserve. Part of the levels has been subdivided into leisure plots and Natural England has advised that this unauthorised development significantly compromises the conservation status of the levels. The City Council therefore will seek to restore Seasalter and Graveney Levels to their favourable conservation condition, and will seek to take appropriate action to achieve this objective.  The Structure Plan seeks to protect and enhance areas of biodiversity such as the Seasalter and Graveney, Policy EN8 refers to this. The City Council has started work to investigate ways of acquiring land through Compulsory Purchase Orders to extend the Seasalter Levels Local Nature Reserve, in line with the aims of the Draft South East Plan Policy NRM4 to identify areas of opportunity for biodiversity improvement.  This area is identified for such improvement.  The Structure Plan Policy EN8 also aims for the protection and enhancement of biodiversity in this area.
 
POLICY NE4
The City Council will work with Swale Borough Council, Natural England and other organisations to restore Seasalter and Graveney Levels to a favourable conservation condition and promote the extension of Seasalter Levels Local Nature Reserve to the wider area shown on the Proposals Map.
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TREES, WOODLAND AND HEDGEROWS
   
6.145 Trees, woodland and hedgerows are an essential component in the natural environment of both towns and the countryside. They make an important contribution to the visual amenity and quality of the environment, and can be a key component in the appropriate setting of new development. The City Council will make Tree Preservation Orders to protect trees and woodland that it considers make a positive contribution to local amenity.  Trees, woodland, hedgerows and other landscape features, such as watercourses and ponds, can also be of significant importance to flora and fauna, enabling their movement through the countryside or towns by providing a ‘stepping stone’ or ‘wildlife corridor’ function.  The City Council will require adequate space to be reserved within new developments for trees or other appropriate landscaping.  Planning permission may be refused where the proposed planting and landscaping treatment is inadequate or unsuitable for the development, its setting or the local area.
6.146 Trees can be particularly adversely affected by development. When development proposals are submitted that may affect trees within or adjacent to the site, the City Council will require the applicant to submit a tree survey in accordance with British Standard BS5837.  Construction activity too close to the base of trees can damage roots, and can eventually lead to the loss of trees. Developers will be required to provide protection, in line with BS5837, for all trees to be retained, and demonstrate that the existing branch spread and future growth of trees have been taken into account in the design of the proposed development. For example, if a tree shades or otherwise impinges the use of a building, there may be pressure to cut back or remove trees that were not directly affected at the time the development was built.
6.147 Approximately 18% of the District is wooded. Many of these woodlands are considered to be ancient and are identified on Natural England’s Provisional Inventory of Ancient Woodland. There is a presumption in the England Forestry Strategy against the loss of woodland.
 
POLICY NE5
Development should be designed to retain trees, hedgerows, woodland or other landscape features that make an important contribution to the amenity of the site and the surrounding area and which are important to wild flora and fauna.  The City Council will refuse planning permission for proposals that would threaten the future retention of trees, hedgerows, woodland or other landscape features of importance to the site’s character, an area’s amenity or the movement of wildlife.
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6.148 The Canterbury District has a long history of human occupation, and elements of earlier historic landscapes survive today. Kent County Council has undertaken an historic landscape characterisation for Kent which describes the Historic Landscape Types. More detailed information on specific elements of the historic landscape are contained in Natural England’s Provisional Inventory of Ancient Woodland, the Register of Parks and Gardens of Special Historic Interest prepared by English Heritage, which included two properties in the District - Broome Park and Dane John Gardens, and the Compendium of Kent Gardens produced by Kent County Council that identifies 34 additional gardens of historic interest in the Canterbury District.  Policy BE10 of this Local Plan will be applied for proposals within Historic Landscapes, Parks and Gardens.
 
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