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| 1. ENVIRONMENT CHAPTER
(part 1 of 2) |
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INTRODUCTION |
| 1.1 |
The enhancement of the physical environment
is a key priority of the Borough Council, one of three key priorities
identified in the Strategic Corporate Plan 2005/08 (June 2005). The
policies set out in this chapter are aimed at supporting this key
priority. The wider environmental objectives at the beginning of this
Plan build upon these key values for both the built and natural environment
by providing a clean, safe, sustainable, attractive and quiet environment
for its community and so contributing to the quality of life of its
residents. |
| 1.2 |
Development proposals which are likely
to result in significant detrimental effects upon the environment
must include an environmental statement with the planning application.
Proposals for development which, under the Town and Country Planning
(Environmental Impact Assessment) Regulations 1999, require an assessment
include for example, major industrial development. Under schedule
2 of the Regulations, other development which in the Borough Council's
opinion is more likely to require an assessment (EA) are larger projects
where they are of more than local importance, proposed on or near
sensitive locations or those involving complex processes involving
possible pollutants. Sensitive locations might include, for example,
Sites of Special Scientific Interest, Local Nature Reserves, residential
areas, Conservation Areas, areas of landscape value etc. EA should
describe the project and assess the likely environmental outcomes
and any measures proposed to avoid, reduce or remedy potential adverse
effects upon the environment. The level of detail will be relevant
to the scale of the proposal and the nature of the sensitive area. |
| 1.3 |
For ease of use the chapter has been divided
under the headings covering: |
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I. The Built Environment (policies ENV1
- ENV12) |
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II. The Historic Environment (policies
ENV13 - ENV25) |
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III. The Green Belt (policies ENV26
- ENV32) |
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IV. The Natural Environment (policies
ENV33 - ENV48) |
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| I. |
THE BUILT ENVIRONMENT |
| 1.4 |
Policies ENV1 to ENV12 cover general development
issues guiding the design, landscaping and energy efficiency of new
development. Policies relating to the control of pollution are also
included. |
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| POLICY ENV1 DEVELOPMENT CRITERIA |
| Objectives |
| Environment |
1, 2, 4, 6 |
| Sustainability |
1, 7 |
| Housing |
6 |
| Transport |
6 |
| Town Centres |
1 |
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| Planning permission will be granted
for development provided it is in accordance with other Local
Plan policies and the proposals meet the following criteria:- |
| a. |
it is of a high standard of design
which has regard to the appearance of the area and does not
adversely affect the area by reason of its scale, bulk, form,
layout or materials; |
| b. |
it would not have a significant
adverse effect on the amenities of adjoining occupiers or the
locality in general, by reason of the level of activities on
the site or the level of traffic generated; |
| c. |
development proposals are to include
adequate provisions for the safe and convenient access and circulation
of pedestrians and vehicles. In this regard, particular attention
will be paid to the needs of disabled people, cyclists, pedestrians
and people with young children; |
| d. |
it incorporates crime prevention
measures in the design and layout in terms of good lighting
levels, natural surveillance, defensible space and well considered
layouts and landscaping; |
| e. |
it does not prejudice the comprehensive
development of a development site, and |
| f. |
it incorporates best practice
in the protection and management of water resources. |
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Design |
| 1.5 |
Standards of development, in terms of
amenity and design policies are contained in the housing and retail
chapters. For all types of development there is a need to meet more
general criteria to ensure that the wider planning issues and relevant
social issues are considered. |
| 1.6 |
Government policy and guidance advises
that good design must be encouraged and that Local Planning Authorities
should not impose architectural styles arbitrarily but concern themselves
with the broader design issues to ensure development is appropriate
to the area through matters such as scale, bulk, form, landscape,
layout and materials. |
| 1.7 |
The Borough Council will require a high
standard of design in functional and aesthetic aspects. The aim is
to protect and emphasise elements of the environment which provide
a sense of place. New development shall have regard to the character
of the locality and the details of the proposals, in terms of scale,
bulk, form, setting, layout and materials. Details of the layout will
include consideration of spaces in and around the development. |
| 1.8 |
Although architectural styles are not,
in isolation, planning matters, the effect the design will have upon
its surroundings will be an important consideration in the determination
of an application. Advice on how extensions and alterations to residential
properties will affect the street scene or appearance of an area can
be found in the Borough Council's Supplementary Planning Document
1 "Design Guide", published in tandem with this Replacement Local
Plan. Poor designs which do not consider the wider setting will not
be permitted. |
| 1.9 |
For larger and/or more sensitive sites
planning guidance in the form of Development Briefs may be provided
to assist developers in forming ideas and to avoid lengthy negotiations
by making clear the Borough Council's land use and design requirements. |
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Access and Equality |
| 1.10 |
The 1996 Nottinghamshire Structure Plan
Review (Policy 1/7) states that proposals should "make provision for
people with special needs". People with special needs may include:-
"ethnic minorities, religious groups, elderly and disabled people"
as well as other disadvantaged and deprived groups. Development proposals
provide the opportunity to secure a more accessible environment for
everyone, including disabled people, the elderly and people with young
children. Proposals should take account of access issues and provide
an accessible environment. However it should be noted that the Building
Regulations control certain access aspects, which do not require addressing
in this planning document. Advice on how access for disabled people,
the elderly and those with young children is detailed in the Supplementary
Planning Document "Nottinghamshire Access Design Guide". |
| 1.11 |
The Nottinghamshire Structure Plan Review
(Policy 5/5) requires that "Measures will be undertaken to increase
safety, convenience and enjoyment for cyclists ..." and explains that
new development should cater for the cyclists' needs. Planning Policy
Guidance Note 13 (March 2001) "Transport" also advises on how provisions
for cyclists, such as secure cycle parking, can be provided within
larger proposals and town centre proposals and encourages other measures
to assist people to cycle. More specific guidance and further policy
requirements on this issue are contained in the Transport Chapter. |
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Crime Prevention |
| 1.12 |
Planning Policy Statement (PPS) 1 (February
2005) advises that in planning for the achievement of high quality
and inclusive design, planning authorities should have regard to good
practice set out in "By Design - Urban Design in the planning system:
towards better practice" (DETR/ CABE, 2000); "By design - better places
to live" (DTLR, 2001); "Safer Places - the Planning System and Crime
Prevention" (ODPM/ Home Office, 2003); and "Planning and Access for
Disabled People: A Good Practice Guide" (ODPM, 2003). Attractive and
well designed environments can discourage anti-social behaviour and
reduce crime. It is important to ensure natural surveillance of access
routes from living areas of dwellings, well-lit public areas, avoid
hidden areas and use thorny species of shrubs where appropriate in
landscape schemes. In larger development proposals, mixed use proposals
can avoid deserted areas at certain times of the day, maintaining
vitality. Housing estates can be designed as smaller neighbourhoods
to encourage a sense of community or 'ownership'. It is recommended
that early discussions take place with the Borough Council to ensure
crime prevention elements are fully considered in the design of the
proposal. |
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Comprehensive Development |
| 1.13 |
Proposals which would prevent or adversely
affect the comprehensive development of adjacent sites, would not
be acceptable. Developers are advised to contact the land owners of
adjacent sites to seek a comprehensive solution. Planning Policy Guidance
Note 3 "Housing" refers to the need to make the best use of urban
land. Development in isolation that hinders a comprehensive development
scheme would be contrary to PPG3. |
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Mixed Use Development |
| 1.14 |
Planning Policy Guidance Note (PPG) 3
'Housing' advises that local planning authorities should promote development
which combine a mix of land uses, including housing either on a site
or within individual buildings (such as flats over shops). This is
important not only to help promote the efficient use of land but also
to create linkages between different uses and create more vibrant
places. |
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| POLICY ENV2 LANDSCAPING |
| Objectives |
| Environment |
1 |
| Sustainability |
1 |
| Housing |
6 |
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part of new development it will be required to:- |
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complement the buildings operations/services
and structures on the site; |
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where possible retain, incorporate
and enhance established features; |
| c. |
reflect the character of the surrounding
landscape or townscape; |
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provide effective year round screening
when required for such a purpose; |
| e. |
use native British species of plants
and trees where practicable; |
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where possible create new or enhance
existing features of nature conservation value; and |
| g. |
incorporate the use of appropriate
species on defensible boundaries in an attempt to prevent crime. |
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| 1.15 |
Opportunities may be presented within
new development to incorporate landscaping schemes which can play
an important part in improving the environment in which we live and
work. Planting schemes can make a great contribution to the street
scene of housing development, the aesthetics of developments generally
and improve air quality. They may also provide an opportunity to maintain
stocks of trees, particularly native species, which can be depleted
through storms, disease or drought. |
| 1.16 |
The design of a landscaping scheme must
complement the proposed structures and layout. It would be inappropriate
to plant large trees, for example, where conflict with buildings or
services would occur when they mature. The design of a scheme should,
where possible, retain existing features such as specimen trees or
established hedgerows. Clear guidance on protection of such features
is contained in policies later in this chapter but those features
not otherwise protected should, wherever possible, be retained as
identifying features and clues as to the past use of the land. It
may be possible to enhance existing features such as trees, hedges,
ponds and grasslands, using them as an established framework on which
to base a landscaping scheme. Wherever practicable, native species
of plants and trees should be used to provide/enhance habitat creation,
although schemes should be designed which give changing interest throughout
the year, retaining attractiveness and be of low maintenance. |
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| POLICY ENV3 DEVELOPMENT ON CONTAMINATED LAND |
| Objectives |
| Environment |
1, 3, 6 |
| Sustainability |
1, 3 |
| Employment |
3 |
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Development will not be permitted on contaminated land or land where there is a risk of contamination unless practicable and effective measures are taken to treat, contain or control any contamination so as not to:- |
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expose the occupiers of the development and neighbouring land users to any unacceptable risk;
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threaten the structural integrity of any building built, on or adjoining the site;
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lead to the contamination of any watercourse, water body or groundwater, or allow such contamination to continue;
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cause the contamination of adjoining land or allow such contamination to continue.
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The Borough Council will impose conditions relating to required remedial measures or monitoring processes where appropriate. |
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| 1.17 |
Planning Policy Statement (PPS) 23 (September 2004) "Planning and Pollution Control” refers to development on land affected by contamination. If practicable, contaminated land should be recycled in order to reduce demand for the development of greenfield sites and also reduce the threats posed by contamination to health, safety or the environment. Developers will be expected to undertake site investigations. The results in the form of a report together with a scheme of reclamation must be submitted to the Council for approval. The works, if any, needed for any contaminated site should deal with any unacceptable risks to health, safety or the environment, taking into account its actual or intended uses.
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| 1.18 |
Through the Environment Act 1995, Part
IIA was introduced into the Environmental Protection Act 1990 to deal
with the substantial legacy of contaminated land. Part IIA,
its accompanying regulations and Statutory Guidance contained in DETR
Circular 02/2000 "Contaminated Land” came into force in
England on 1 April 2000 (PPS23 Annex 2, October 2004), providing a
framework for local authorities to deal with contaminated land including
the establishment of effective and consistent standards of remediation
and redevelopment. It is based on the "suitable for use”
approach to remediation and also the "polluter pays” principle
applied to liability for remediation and related costs. Whilst
the new regime applies only where it is necessary to deal with unacceptable
risks to health and the environment which arise from land contamination
in relation to current uses of land, the procedures described would
appear to have implications for the process of reclamation and redevelopment.
However the enactment of the provisions will be dependent upon the
introduction and approval by Parliament of qualifying detailed statutory
regulations and guidance. |
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| 1.19 |
Planning Policy Guidance Note 14 (April 1990), "Development on Unstable Land" advises that where development is proposed on or adjacent to known or suspected unstable land it will be necessary for the developer to submit an assessment which determines the stability of the site and identifies any remedial measures before an application can be decided. It should be noted that some investigations, such as drilling bore holes, and some remedial measures may themselves require planning permission. Should an assessment and any Borough Council consultations demonstrate that the proposal will be affected by instability and that suitable measures can overcome the problem, planning permission may be granted subject to conditions relating to the implementation of remedial action (subject to the development meeting the requirements of other local plan policies). Planning permission will be refused where instability of the ground renders it unsuitable for the development proposed and where necessary remedial measures will adversely affect neighbouring land or would not be in the control of the applicant. |
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| 1.20 |
The Government Guidance contained in Planning Policy Statement 22 (August 2004) "Renewable Energy", setting out the Government's planning policies for renewable energy, which planning authorities should have regard to when taking planning decisions, is aimed at putting the UK on a path to cut its carbon dioxide emissions by some 60% by 2050, with real progress by 2020, and to maintain reliable and competitive energy supplies. The development of renewable energy, alongside improvements in energy efficiency and the development of combined heat and power, will make a vital contribution to these aims. It also advises on how planning can be instrumental in meeting the commitments made in "This Common Inheritance 1990" - to reduce Carbon Dioxide and other greenhouse gas emissions. |
| 1.21 |
The 1996 Nottinghamshire Structure Plan Review and July 2004 Sustainable Developer Guide (SDG) for Nottinghamshire recognise the long-term value of renewable energy sources and encourage development of this nature, subject to criteria to minimise the affect upon the environment, landscape and residential amenity. |
| 1.22 |
The Borough Council would wish to encourage renewable energy and energy efficient Heat and Power systems as a localised attempt to meet Government targets. Renewable energy can include such schemes as wind power, solar-power, hydro-power and energy from waste. Viewpoints on Sustainable Energy in the East Midlands: A Study of Current Energy Projects and Future Prospects (March 2001) and the 2004 SDG consider the potential of various renewable energy resources within Gedling Borough. The Viewpoints study concludes that there is some potential to exploit energy from wind power given that Gedling Borough contains areas of relatively high land where winds may be sufficient to generate power. However the rural part of the Borough is wholly within the Green Belt and many of the higher areas are important ridgelines surrounding the urban fringe. As such, development needed to exploit wind power is likely to have a great impact upon the environment visually. Green Belt and Ridgeline Protection policies contained in this chapter are restrictive on visual amenity aspects and therefore opportunities for this type of energy production on a commercial scale will be limited. The Viewpoints Study concludes that there is medium potential to exploit energy from hydro power and the associated development for this and solar power systems may be less visually intrusive. |
| 1.23 |
Renewable energy may also be obtained from waste. The Viewpoints Study concludes that, given the lack of existing sites, there is little potential within the Borough for gas production from anaerobic digestion, i.e. the waste treatment of sewage sludge or farm slurry which produces methane-rich gas. The Severn Trent Water sewage sludge facility at Stoke Bardolph would offer an opportunity to exploit this source. However, the Study considers there to be more potential to exploit energy from landfill gas (given the sites at Burntstump and Dorket Head) and high potential for the development of the cultivation of wood fuels such as commercial coppicing (based on the area of existing woodland and that the Greenwood Community Forest Plan covers much of the Borough). These forms of energy from waste will all require processing plant and careful consideration will be needed to minimise the impacts upon neighbouring properties, (with smells, noise etc also being controlled in the pollution control Policy ENV11) and the character of the area and the open character of the Green Belt and ridgelines visually. With respect to any energy scheme, consideration should be given to the design and location of any structures to ensure minimal affect upon the character of an area. Controls over renewable energy development which may have an effect upon Conservation Areas, Listed Buildings and wildlife are considered in Policies elsewhere in this chapter. Because of the Green Belt policy covering all of the open countryside of the Borough it is unlikely that any large scale developments would be appropriate. |
| 1.24 |
Many forms of energy – coal, oil, natural gas (fossil fuels) and nuclear – have serious "knock-on” effects in terms of pollutants and will run out at some foreseeable date in the future. The burning of wood is an alternative approach, although it must be borne in mind that this will provide a carbon deficit in the short term. The technology now exists to generate heat and electricity in an efficient and cost-effective manner through the burning of wood, examples of which include the use of wood-chipped boilers for heating. |
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| 1.25 |
As well as encouraging more efficient energy systems and the use of renewable resources, land use planning can help to reduce the demands on the power generators, thereby reducing emissions and depletion of resources. |
| 1.26 |
The 1996 Notts Structure Plan Review requires that proposals for major new development shall have regard to energy efficiency in terms of layout, heating schemes and land use patterns generally; to reduce trips and make maximum use of public transport systems. The Sustainable Developer Guide for Nottinghamshire (July 2004) states that if emissions are to be reduced progressively to meet rising target levels for emission reduction, it is crucial that new buildings meet more stringent energy standards as soon as possible. |
| 1.27 |
The policy applies to all major development
proposals. On larger housing developments the Borough Council may
provide a Development Brief which will give further guidance on energy
efficiency within the development site. In terms of housing type;
lower density, large, detached houses will often require more energy
to heat and illuminate. Semi-detached and terraced properties have
fewer exposed elevations and may require less energy. Heat loss for
all homes is dealt with under the Building Regulations but careful
siting and positioning of different types of houses can be dealt with
as planning matters. In addition, layouts should be able to accommodate
future energy saving technologies, e.g. district heating schemes.
Dwellings can be sited and designed to maximise 'solar-gain' by having
habitable rooms on the south facing elevations, and by siting homes
on south facing slopes. Landscaping can also be used to shelter exposed
elevations from prevailing winds to reduce heat loss. Energy efficient
layouts will be achieved especially where the above considerations
are economic and add marketing benefits to the development. |
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| POLICY
ENV7 DEVELOPMENTS WHERE HAZARDOUS SUBSTANCES ARE TO BE USED OR STORED |
| Objectives |
| Environment |
1, 2 |
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Planning permission for new development, or an intensification of an existing development, involving the use, storage or transport of a hazardous substance, as defined in the Planning (Hazardous Substances) Act 1990, will not be granted unless the proposals:- |
| a. |
are located in the area retained for industrial uses at Colwick; |
| b. |
do not result in the health and safety of the public or the natural environment being put to any unacceptable risk; and
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do not prejudice the use or development of nearby land.
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A full assessment of the risk levels will be required as part of any application. |
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| 1.28 |
The Planning (Hazardous Substances) Act 1990 controls hazardous substances and requires consent to be obtained for the storage and use at or above certain control levels. This is enforced by the Health and Safety Executive. However the guidance contained in Planning Policy Statement 23 (October 2004) "Planning and Pollution Control" advises that the controls under the planning and pollution control regimes should complement rather than duplicate each other and Planning Policy Guidance Note 12 (December 1999) "Development Plans" advises that Local Plans should set out criteria for controlling any related development. |
| 1.29 |
The 1996 Nottinghamshire Structure Plan Review stipulates that, where appropriate, development of this nature will be subject to specific criteria in Local Plans. The details of criteria are guided by Planning Policy Statement 23 (October 2004) "Planning and Pollution Control" which advises that the planning system plays a key role in determining the location of development which may give rise to pollution, either directly or indirectly, and in ensuring that other uses and developments are not, as far as possible, affected by major existing or potential sources of pollution. The 1996 Nottinghamshire Structure Plan Review Policy 11/4 (b) also states that proposals for hazardous installations or development involving hazardous substances "will only be permitted after a full assessment of risk levels." An assessment will be required before any planning application can be determined so that a decision can be made on the basis of likelihood of resultant risk to the public or natural environment. Advice on this matter will normally be sought from the Health & Safety Executive. The Health & Safety Executive will also be consulted on safe distances for hazards and this information and advice will be used to determine whether the proposal would prejudice the development or redevelopment of nearby land. In order to conform with Government Guidance the last criteria in terms of finding appropriate sites for such development is to direct these to the established policy area retained for industrial uses at Colwick. Parts of this industrial estate are of considerable distance from populated areas and are physically separated in places by the wide and landscaped Colwick Loop Road. Developments sited here are also less likely to cause potential conflicts with neighbouring land-use and may be more compatible from a safety aspect. |
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| 1.30 |
Planning Policy Guidance Note 12 (December 1999) "Development Plans and Regional Planning Guidance" also advises that Local Plans should also have consideration for development within the vicinity of existing hazardous installations. The 1996 Nottinghamshire Structure Plan Review also considers hazard sensitive development in Policy 11/4 (a) which states that it will only be permitted where "the level of risk is considered acceptable, and/or can be successfully mitigated." Again Health and Safety legislation controls the issue but land use planning decisions will complement this and advice from the Health and Safety Executive will be sought in the consideration of any proposals likely to be affected by existing or proposed hazard. |
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| 1.31 |
Noise pollution can severely affect residential amenity and the quality of life of individuals and communities. Some countryside areas have remained relatively undisturbed by noise and are prized for their quiet recreational and amenity value. It is therefore important to segregate noise polluting processes and development away from areas where it could affect existing land uses, or design and control such development to overcome any potential problems. Planning Policy Guidance Note 24, "Planning and Noise" accepts that "the impact of noise can be a material consideration in the determination of planning applications" and advises that Local Plan policies should be designed to direct potentially noisy development to areas where its impact is minimised. |
| 1.32 |
The Nottinghamshire Structure Plan Review (Policy 3/20) conforms with this by the inclusion of a presumption against development which would "generate emission levels of noise seriously detrimental to the environment of surrounding areas." It is important at the more local level to consider noise disturbance to amenities of nearby properties. These properties would include homes, schools, hospitals and other noise sensitive development and the term "disturbance" would need to consider noise levels as well as type, tone and in some circumstances time of day. (Planning Policy Guidance Note 24 (September 1994) "Planning and Noise" gives more detailed advice on levels, type of noise and disturbance). |
| 1.33 |
If development proposals are likely to cause unacceptable noise disturbance to users or residents of nearby properties or the surroundings in general planning permission will be refused unless mitigating measures (such as those set out in Planning Policy Guidance Note 24 (September 1994) "Planning and Noise") to overcome the problem are submitted as part of the application. Alternatively conditions may be imposed requiring the appropriate measures. Noise generating developments can include roads, railways, other transport related proposals, industrial and commercial plant and recreational noise. |
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| 1.34 |
It is important to consider the amenity of a proposed development, if it would be affected by an existing or proposed noise source. To avoid potential conflict and problems associated with complaints and controls, the location of noise sensitive developments should be carefully considered and permission will be refused where a significant noise disturbance would cause an unacceptable environment for the occupiers of the proposed development. Noise sensitive development will include housing, hospitals, schools and other community facilities where their use would be detrimentally affected by noise. |
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| 1.35 |
Local planning authorities should not duplicate controls which are the statutory responsibility of other bodies. Planning Policy Statement 23 (October 2004) "Planning and Pollution Control" advises that consideration should be given to submitting applications for planning permission and pollution control permits in parallel and co-ordinating their consideration by the relevant authorities. However the planning system complements other controls by regulating the location of development and control of operations to avoid or minimise detrimental effects upon the environment and land use together with the restoration of land following the development or use of land. In the consideration of proposals where a potential pollution risk is involved it will be necessary to consult the relevant controlling authority to prevent duplication and conflict of interest in the decision making process. Full consultation with the Environment Agency and other pollution control authorities will be necessary to establish the likely resultant effects. |
| 1.36 |
In determining applications consideration will have to be given to the proximity of populated areas. Where necessary, following specialist advice, conditions may be imposed upon any planning permission for such development in order to ameliorate pollution problems. These considerations will also have to be borne in mind when determining applications for proposed development whose occupiers would be affected by existing potential pollution risks as described above, and also where development would prejudice the use of adjacent land through the potential for pollution. |
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| 1.37 |
Technological advances in the field of telecommunications have been rapid and have become an essential element of community life and national and local economies. Demand for telecommunications is also growing as is the industry's need to provide the necessary equipment and network. Government Guidance contained in Planning Policy Guidance Note 8 (December 1992) "Telecommunications" advises that the planning system should facilitate the growth of new and existing systems but carefully consider the environmental impact. To this end early consultation with the planning authority is advocated to overcome lengthy negotiations and clear policy criteria should be set out. This criteria should include consideration of sharing facilities and the siting and appearance of equipment. |
| 1.38 |
In considering these criteria it is important to minimise the effect the proposal will have upon the character of an area, particularly the openness of the Green Belt, prominent Ridgelines and the streetscene generally. It may be possible to minimise the impact through shared use of existing masts and equipment or by attaching equipment to existing buildings. Careful consideration should be given to the location and siting of new telecommunications development in relation to existing features in the landscape/streetscene in order to minimise visual impact. |
| 1.39 |
Whilst certain telecommunications development is permitted under the Town and Country Planning (General Permitted Development) Order 1995 there may be occasions when the effect on the appearance of the building to which it is attached is not minimised. In such circumstances the above policy will apply. |
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| II. |
THE HISTORIC ENVIRONMENT |
| 1.40 |
This section provides the detail below the environmental objectives which seek to maintain the character and distinctiveness of certain areas and raise the profile of key important features of the townscape. This will mainly be achieved through the policies for Conservation Areas, Listed Buildings, and Sites of Archaeological Interest. The rich diversity of historic buildings and structures and variety of archaeological remains provides the Borough with a sense of continuity and historic development which contributes to its attractiveness as a place to live, work and visit. |
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CONSERVATION AREAS |
| 1.41 |
The Planning (Listed Buildings and Conservation Areas) Act 1990 provides a duty for local authorities to inspect their areas and determine whether there are any areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and to designate such areas as Conservation Areas. Designation of a Conservation Area does not imply an embargo on development. However, it does give the Borough Council additional controls over demolition of buildings and the design of new development. Section 71 of the Listed Buildings Act also places a responsibility on local planning authorities to formulate and publish proposals for the preservation and enhancement of Conservation Areas once designated. In addition, Planning Policy Guidance Note 15 (September 1994) "Planning and the Historic Environment" emphasises that it is important that designation is not seen as an end in itself. There are eight designated Conservation Areas within the Borough, each with its own special characteristics. They are listed below with the date of their designation and the name of the Authority responsible for the designation. The Borough Council will undertake character appraisals of each of the 8 conservation areas within the Borough in order to define and record the special architectural and historical interest that justifies its designation. Conservation Area character statements can be used to guide and inform policy development, planning decisions and enhancement proposals and will be adopted as Supplementary Planning Documents. The desirability of preserving or enhancing a Conservation Area will also be a material consideration in determining applications for development proposals which are outside the Conservation Area but would have a detrimental effect on it's setting or views into or out of the area. |
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Calverton, Burnor Pool (1974, Nottinghamshire County Council)
Calverton, Labray (1974, Nottinghamshire County Council)
Calverton, Windles Square (1983, Gedling Borough Council)
Lambley (1976, Gedling Borough Council)
Linby (1972, Nottinghamshire County Council)
Papplewick (1973, Nottinghamshire County Council)
Woodborough (1973, Nottinghamshire County Council)
Bestwood Village (1992, Gedling Borough Council) |
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The relevant legislation allows for Conservation Area boundaries to be reviewed as well as for new Areas to be declared. The Conservation Area boundaries shown on the Proposals Map were correct at the time of the adoption of the Replacement Local Plan (July 2005). The Borough Council should be consulted to verify future boundary changes resulting from the appraisal process. Whether or not this happens; the following conservation area policies apply. |
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| 1.42 |
There is a general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of a Conservation Area. Applications for demolition of buildings in Conservation Areas will be determined having regard to the part played by the building in the architectural or historic interest of the area, its condition and the viability of its retention and continued occupation, and the wider effects of demolition on the surroundings and on the Conservation Area as a whole. Consent for demolition will not be given unless there are acceptable and detailed plans for any redevelopment. In order to prevent unsightly gaps within a Conservation Area as a result of demolition taking place far in advance of a redevelopment, a condition may be imposed on a planning permission to require redevelopment within a specified time. |
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| POLICY
ENV15 NEW DEVELOPMENT IN A CONSERVATION AREA |
| Objectives |
| Environment |
1, 2, 3, 4, 5, 6, 7, 9 |
| Sustainability |
1 |
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Development in a Conservation Area will only be permitted if all the following criteria are met:- |
| a. |
the siting and design of proposals respects the character and appearance of the Conservation Area taking into account existing features such as important open spaces and trees; |
| b. |
important open areas, as identified on the proposals map are retained; |
| c. |
the scale, design and proportions of proposals are sympathetic to the characteristic form in the area and compatible with adjacent buildings and spaces; |
| d. |
it does not cause the loss of features of historic or characteristic value such as the street pattern, boundary walls and street furniture unless the contribution of the proposed development would outweigh the contribution of the historic or characteristic features; and |
| e. |
the use and application of building materials and finishes respects local traditional materials and building techniques. |
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| 1.43 |
A particularly high quality of design will be required for all proposals within Conservation Areas. Such matters as scale, character, materials and the general pattern of development of the existing older buildings will need to be carefully respected. As a result it is unlikely that outline planning applications will be acceptable for development in Conservation Areas. |
| 1.44 |
Open spaces within Conservation Areas make a very important contribution to their character and setting. In Lambley "The Pingle", between Main Street and the Church, is especially important being in the heart of the Conservation Area and providing an important element in the setting of the village centre and Church. In Woodborough the field adjacent to Manor Farm, between Main Street and Broad Close, is seen as a significant open space that should be protected from development in order to maintain the essential character of the village. |
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| POLICY ENV16 OLD WOODTHORPE SPECIAL CHARACTER AREA |
| Objectives |
| Environment |
1, 2, 3, 4, 5, 6, 7, 9 |
| Sustainability |
1 |
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Within Old Woodthorpe Special Character Area, as identified on the Proposals Map, planning permission for development will be granted provided that:- |
| a. |
it harmonises with the materials, design features, architectural style, average plot sizes and building heights predominant in the area; |
| b. |
it does not adversely affect the overall residential character of the area, in particular by the introduction of Use Class C2 commercial activity. |
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| 1.45 |
Whilst Old Woodthorpe does not meet the criteria for designation as a Conservation Area, it does have a significant character and cohesive nature which is worthy of special protection. Whereas the western boundary to the area (Mansfield Road) features examples of C2 commercial development, further development in this area should respect the distinctive residential character of the area: that of predominantly detached houses set within mature gardens. Where residential development, infilling or the subdivision of existing plots is proposed, this will not be permitted if it results in a housing form which is out of character with the special character of the area. Any new development which intensifies the urban appearance of the area (either by bulk, scale or massing of the built form or its layout) will be resisted. Visual separation between buildings and mature planting are important elements of the area. Detailed design considerations include frontage Bulwell stone walling, street trees and individually designed houses. |
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| POLICY
ENV17 RAVENSHEAD SPECIAL CHARACTER AREA |
| Objectives |
| Environment |
1, 2, 3, 4, 5, 6, 7, 9 |
| Sustainability |
1 |
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| Within Ravenshead Special Character Area, as identified on the Proposals Map, planning permission for development will be granted provided that it retains and/or enhances the soft landscaped nature of the area including trees, hedgerows and other soft landscape features. |
Infill or sub-division of existing plots, extensions or additional domestic buildings will not be permitted where this would result in urban forms out of character with the surrounding area.
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| 1.46 |
Ravenshead Special Character Area lies between the traditional urban form of Ravenshead to the east and the predominantly rural area of Newstead Abbey Park, which is designated as Green Belt and Mature Landscape Area, to the west. The area is characterised by mostly detached dwellings, well spaced, set within large plots containing mature soft landscaping of an informal nature. The Ravenshead Special Character Area provides an appropriate visual transition from the rural character of Newstead Abbey Park to the more typical and established urban form of Ravenshead and as such the Borough Council wishes to maintain the characteristics of the Ravenshead Special Character Area. The Borough Council will resist the loss of existing mature planting and will encourage additional planting where appropriate. |
| 1.47 |
Where residential development, infilling or the sub-division of existing plots is proposed, this will not be permitted if it results in a housing form which is out of character with the special character of the area, even if an otherwise acceptable plot could be created for either the proposed development or the retained dwelling. Other residential development, such as extensions and outbuildings must also be carefully controlled to ensure that the spaciousness and mature landscaped nature of the area are maintained. Any new development which unduly intensifies the urban appearance of the area, either by bulk, scale or massing of the built form or its layout will be resisted. Visual separation between buildings and mature planting are important elements of the area. |
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BUILDINGS OF SPECIAL ARCHITECTURAL AND HISTORIC INTEREST |
| 1.48 |
Under the Planning (Listed Buildings and Conservation Areas) Act 1990 the Secretary of State is under a duty to compile a list of "buildings of special architectural or historic interest". The "listing" of a building provides protection against the building being demolished, extended or altered without consent and provides local authorities with powers to prevent the gradual deterioration of such buildings. There are at present 188 Listed Buildings / Structures in Gedling, graded into three categories - 6 in Grade I, 15 in Grade II* and 167 in Grade II. Details of all Listed Buildings within the Borough are available from the Local Plans Office |
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| 1.49 |
There may be cases when a Listed Building cannot have a beneficial primary use, or its retention would prejudice new development which has greater merit. However, there will be a general presumption against the demolition of Listed Buildings and it is anticipated that consent to demolish Listed Buildings will rarely be granted. Proposals for the demolition of a listed building will require an application for listed building consent. |
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| 1.50 |
Where development is proposed which would affect a Listed Building the Borough Council will require a high standard of design which maintains or enhances the essential character of the building. This will include consideration of architectural detailing, materials and the spaces around Listed Buildings. The extent to which Listed Buildings can accommodate change without loss of special interest will also be an important consideration. |
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| POLICY ENV20
CHANGE OF USE OF A LISTED BUILDING |
| Objectives |
| Environment |
1, 2, 3, 4, 5, 6, 7, 9 |
| Sustainability |
1 |
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A change of use of part, or the whole, of a Listed Building will only be granted permission if its character, setting and features of special architectural or historic interest would be preserved or enhanced. |
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| 1.51 |
Whilst the best use for a building is generally that for which it was designed, the key to ensuring the future of a building may be in finding an appropriate new use for it. However, Listed Buildings vary greatly in the extent to which they can accommodate change without loss of special interest and proposals will be carefully assessed. Details of the extent and nature of alterations necessary for a proposed new use will be required with change of use applications. |
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| 1.52 |
The setting of a Listed Building is often an integral part of its character and value especially if a garden or grounds have been laid out to complement its design or function. A Listed Building may be robbed of much of its interest and contribution to the townscape or countryside if it becomes isolated from its surroundings. The Borough Council will give particular consideration to the effects proposed development may have on the setting of a Listed Building through controlling the use and design of adjoining land and buildings. |
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| 1.53 |
The Borough Council has undertaken a survey of non-listed buildings which have architectural, historic or townscape interest. These buildings are of local interest, they are not awarded full protection of statutory listing. The list of Local Interest Buildings currently identified is included at Appendix 1. This appendix is for information purposes only and may be subject to change as buildings are added or removed from the list. The policy will be applied to any new buildings added to the list. |
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| 1.54 |
Planning Policy Guidance Note 16 "Archaeology and Planning" emphasises that archaeological remains are a finite, non-renewable resource, which, in many cases, are highly fragile and vulnerable to damage and destruction. It also 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. |
| 1.55 |
There are nine sites within the Borough, as shown on the proposals map, that are scheduled as Ancient Monuments and these will be protected from development. Offences relating to Scheduled Ancient Monuments such as wilful damage will be reported to English Heritage whenever sufficient evidence about the offence can be recorded. It is important to remember that archaeological information does not remain static and new sites continue to be discovered. Policy ENV23 will be applied to any new archaeological sites of national importance. |
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| 1.56 |
In addition to archaeological sites of national importance there are many archaeological sites, monuments and historic features in the Borough which are of regional or local importance. Those currently known are identified within the County Council's Sites and Monuments Record. The known sites are not identified on the proposals map, since this may encourage individuals to trespass on privately owned land and invite unwelcome attention. The list of sites is regularly reviewed as new sites are discovered. Developers are advised to ascertain from the County Sites, Monuments and Buildings Record whether sites of archaeological value are known to exist or likely to be present on the proposed development site and the implications for the development proposed. Where it is thought that important archaeological remains may exist, the Borough Council may request the prospective developer to arrange for an archaeological assessment or, if necessary, a field evaluation to be carried out before any decision on the planning application is taken. This policy will apply to sites currently identified and to any new sites subsequently identified. |
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| POLICY ENV25
REGISTERED HISTORIC PARKS AND GARDENS |
| Objectives |
| Environment |
1, 2, 3, 4, 5, 6, 7, 9, 11, 12 |
| Sustainability |
1 |
| Recreation |
1 |
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Planning permission will not be granted for development which would lead to the loss of, or cause harm to, the historic character, or setting, of any part of a Registered Historic Park or Garden. |
Existing Historic Parks and Gardens are listed below and shown on the Proposals Map. |
Newstead Abbey Park (Grade II*), Papplewick Hall (Grade II), Bestwood Pumping Station (Grade II) and Papplewick Pumping Station (Grade II). |
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| 1.57 |
The Borough has four gardens which are included within the Register of Parks and Gardens of Special Historic Interest in England maintained by English Heritage and shown on the proposals map. The Borough Council will protect the special character of these gardens when applications for development affecting them are made. Specialist advice will be sought from English Heritage to assist the Borough Council in the determination of planning applications affecting these sites and any future additions to the Register. |
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Go to Environment Chapter (part 2) >> |
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