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Chapter 9
Design and Amenity
   
DA1 Townscape and Urban Design
DA2 The effect of Development on the Amenities and Character of an Area
DA3 Materials
DA4 Under-Use of Land
DA5 Development Leading to the Under-Use of Buildings
DA6 Tandem, Backland and Piecemeal Development
DA7 Design of the Built Environment for Full Accessibility
DA8 Design of Extensions and Alterations
DA9 Protected Spaces and Frontages in Villages
DA10 Landscaped Areas
DA11 Design for Security
DA12 Light Pollution
DA13 Noise
DA14 Contaminated Land
DA15 Development in the Vicinity of Hazardous Installations
DA16 Development on or in the Vicinity of Landfill Sites
DA17 Protecting Closed Landfill Sites
DA18 Protecting Waste Disposal and Treatment Sites
DA19 Shop Fronts
DA20 Security Shutters
DA21 Canopies
DA22 Advertisements
DA23 Advertisement Hoardings

   
  Introduction
9.1 Peterborough is a vibrant and exciting city with a long history that has provided many buildings and neighbourhoods with an attractive character. Its villages are generally attractive; their character and appearance have been protected in the past by various measures, including the careful control of development, the designation of conservation areas and the carrying out of enhancement schemes. Much work has also been undertaken to improve the environment of the city centre.
9.2 For the future it will be important to maintain and improve an environment that is attractive, safe and convenient to use, whilst making the best use of land in a sustainable way. To achieve this will involve not only resisting inappropriate development, but also promoting development that enhances local character and provides the level of design and amenity expected by modern society.
9.3 The chapter has been prepared against the background of the adoption by the Council of an "Environmental Strategy" for Peterborough. Many of the policies which follow address issues to which the City Council is committed under the terms of the Strategy. Their successful implementation will make a significant contribution to the successful implementation of the Strategy itself.
  Aims
9.4 The aims of the Plan for design and amenity are:
 
  • to create an environment that is attractive, safe and accessible for all users;
  • to protect the environment from inappropriate development;
  • to promote a high standard of design; and
  • to promote sustainable development .
  General Development Policies
  Townscape and Urban Design
DA1 Planning permission will only be granted for development if it:
  (a) is compatible with, or improves, its surroundings in respect of its relationship to nearby buildings and spaces, and its impact on longer views; and
  (b) creates or reinforces a sense of place; and
  (c) does not create an adverse visual impact.
   
9.5 This policy will be used to encourage attractive development that makes a positive contribution to the urban design of the District, and to resist inappropriate development. Both vernacular and innovative designs will be encouraged as appropriate to the context of the site. Distinctive local character should be respected. The term 'sense of place' in criterion (b) means a location that has a distinct local identity and character that residents and visitors can identify. If the place is perceived as an attractive one, it normally encourages its occupants to have pride in living in it, to look after it and visitors to respect it.
9.6 Applications for development on prominent, large-scale or sensitive sites should be supported by a design philosophy statement for the development, to include urban form and massing, relationship with surrounding buildings and streets, public space, permeability, landmarks, views, materials and landscaping (as appropriate). For residential schemes, the principles set out in the Peterborough Residential Design Guide, which has been published by the City Council, should be followed as appropriate. Reference to 3 dimensional models will be welcomed for major development schemes or City Centre schemes.
  The effect of Development on the Amenities and Character of an Area
DA2 Planning permission will only be granted for development if, by virtue of its density, layout, massing and height, it:
  (a) can be satisfactorily accommodated on the site itself; and
  (b) would not adversely affect the character of the area; and
  (c) would have no adverse impact on the amenities of occupiers of nearby properties.
   
9.7 This policy will be used to resist development which, because of its nature, would either constitute over-development of the site itself or have an otherwise unacceptable impact on the character of the area.
  Materials
DA3 The City Council will only grant planning permission for built development if the external finish of the building would harmonise with the established building materials of the locality.
   
9.8 The careful choice of building materials is one of the most crucial factors in integrating new buildings into the existing urban fabric. The use of traditional local facing materials will achieve an immediate and strong visual link between new buildings and the existing urban framework. Facing materials need not necessarily be identical with the established materials, but should be agreeable in artistic effect.
  Under-Use of Land
DA4 The City Council will not grant planning permission for development which would result in the under-use of land.
   
9.9 Land that is suitable for development is a scarce resource which should be put to full and appropriate use. Failure to make proper use of suitable development land will generally add to the pressure to release less suitable land for development, or to increase the density of development on other land where it may also be less appropriate to do so.
9.10 Planning permission will be refused where the City Council considers that the proposed development would make less than full and appropriate use of land. When determining what the full and proper use of land should be, the Council will take into account the average density of development on adjacent land, but will also acknowledge partial development of a site where land has been purchased, or buildings developed, with a view to future expansion.
  Development Leading to the Under-Use of Buildings
DA5 The City Council will not grant planning permission for conversion or modernisation schemes which would prejudice the future use of any part of the building, in particular upper floors or basements.
   
9.11 The re use and modernisation of older buildings often results in restricted access to upper floors and basements. Such inefficient use of buildings is not sustainable. Not only does it represent an under-used resource (a potential alternative to new, greenfield development), but the re use and modernisation of older buildings also invariably involves considerably lower inputs of raw materials and energy than are required by the erection of new buildings.
9.12 Developers will be encouraged to submit schemes that bring the whole building into beneficial use, or that do not prejudice subsequent works to achieve this objective.
  Tandem, Backland and Piecemeal Development
DA6 Planning permission will only be granted for tandem, backland or other piecemeal development if the application demonstrates that the proposed development:
  (a) can be satisfactorily accommodated on-site in terms of scale and density; and
  (b) would not unacceptably harm the character of the area; and
  (c) would have no unacceptably adverse impact on the amenities of occupiers of nearby properties; and
  (d) can be satisfactorily accessed from the public highway; and
  (e) would not prejudice the comprehensive development of a larger area.
   
9.13 There is a need to make full use of previously used or underused land within the boundaries of existing settlements, which can often be achieved through the development of existing rear and side gardens, or other land adjoining existing development. However, such locations, because of their close relationship to other properties, are often tightly constrained and will require close consideration of factors such as the potential for overcrowding, overshadowing, overlooking, nuisance from noise and general activity; the privacy of existing and proposed properties; compatibility with the character of development in the area; and other site-specific factors.
9.14 The City Council will also wish to ensure that such development does not prejudice (or landlock) the development of adjacent sites. Piecemeal development of individual plots of garden or other land within such areas (which are suitable for more comprehensive treatment) will be refused unless the application demonstrates that the development of other adjacent sites would not be unreasonably prejudiced by the proposal.
  Design of the Built Environment for Full Accessibility
DA7 Planning permission will not be granted for the development, change of use, alteration or extension of any building which is open to the public, or any building which is used for employment or education purposes, unless provision has been made to meet the needs of people with disabilities in terms of access into and within that building and the provision of appropriate facilities.
   
9.15 This policy seeks to meet the requirements of people with disabilities in securing access to, and the provision of facilities within, all relevant premises. It will be applied in cases where provision to meet the needs of such people is desirable, but the proposed works are not subject to Part M of the Building Regulations.
9.16 This policy will be used to ensure that:
 
  • external means of access to relevant building(s) is provided to a standard suitable to meet the needs of people with disabilities. This applies both to the links between new buildings and to the ease of access to a proposed development from adjacent paths and car parks. Developers will be expected to upgrade existing footpaths to wheelchair standards where appropriate;
  • facilities for people with disabilities are provided within the building to the standard that would otherwise have been required through the implementation of Part M of the Building Regulations;
  • level access is provided between an original building and a new extension where practicable.
9.17 The provision of full accessibility will require careful design, particularly for listed buildings and buildings within conservation areas.
  Design of Extensions and Alterations
DA8 Planning permission will be granted for an alteration or extension to an existing building, provided that:
  (a) its appearance would be in keeping with the character of the existing building; and
  (b) its appearance would be in keeping with the general character of the surrounding area; and
  (c) the design, scale and location of the proposed extension would not adversely impact on the amenities of occupiers of nearby properties.
   
9.18 All development, including extensions and alterations to existing buildings, will need to comply with the general design provisions of other policies in this chapter. However, in the case of extensions and alterations there are additional important considerations which are set out in this policy.
  Protected Spaces and Frontages in Villages
DA9 Planning permission will not be granted for any development within a village envelope which would result in the loss of part or all of:
  (a) a green space serving an important visual or amenity function; or
  (b) an open space or gap in the built-up frontage which allows views into and out of a village; or
  (c) a treed or hedged frontage; or
  (d) a substantial wall or railings;
  as shown on the Proposals Map.
   
9.19 In the villages there are many open areas, substantial walls and hedges, and treed frontages that are an essential feature of village character and should be retained. These can lie within or outside designated conservation areas. Development of protected sites shown on the Proposals Map, or development involving the creation of new openings in protected frontages, or which otherwise affects protected frontages, will not normally be accepted.
9.20 For the avoidance of doubt, the City Council may use other policies of this Plan to refuse planning permission for the development of any site within a village envelope where there would be an adverse impact on the character of the village environment, even if it is not specifically protected on the Proposals Map by policy DA9.
9.21 In the case of the development of land to the rear of a protected frontage, access should be via any existing openings. Only exceptionally will a new access be permitted.
  Landscaped Areas
DA10 Planning permission will not be granted for any inappropriate development on land which is part of an existing or proposed landscaped area.
   
9.22 This policy will be used to resist pressure for the development of landscaped areas, particularly in the older, higher density areas of New Town development where their loss (by incorporation into private gardens or the development of new buildings/extensions) would have an adverse impact on the appearance and character of the area. It is recognised that some forms of development make a positive contribution to the character and appearance of an area, and could enhance rather than detract from landscaped areas.
9.23 Development would be judged inappropriate if it would result in the loss of limited areas of public green space, or the intrusive effects of buildings or fences. Proposals that make a positive contribution would include those that improve community safety or enhance the built environment.
  Safety and Amenity
  Design for Security
DA11 Planning permission will not be granted for a development unless vulnerability to crime has been satisfactorily addressed in the design, location and layout of the proposal.
   
9.24 Vulnerability to crime and vandalism can be reduced through appropriate design. Issues to be taken into consideration include the definition of public and private space; natural surveillance of public areas and of entry points to private property; landscape design; susceptibility to graffiti; and the lighting and design of access routes. The City Council will take into account the information in the "Secured by Design" guidance manual in assessing the relevant local circumstances and the robustness of any specific proposal.
  Light Pollution
DA12 Planning permission will only be granted for lighting schemes if:
  (a) the level of lighting proposed does not exceed the minimum necessary to achieve its purpose; and
  (b) the design of the lighting installation minimises glare and light spillage from the site; and
  (c) the design of the installation and the nature of the light emitted does not adversely affect the amenity of the area.
   
9.25 The need for artificial lighting in certain circumstances is recognised. This policy addresses the issues of obtrusive light and the design of lighting installations.
9.26 Factors to be considered include the impact of light on local residents, vehicle users, pedestrians, flora and fauna, and the visibility of the night sky. Consideration will also be given to the aesthetic effect of the light produced; the security, operational and advertising needs of the development and its users; the visual impact of the equipment during daytime as well as night time; and the existing level of illumination in the vicinity.
  Noise
DA13 Planning permission will only be granted for noise generating, or noise sensitive, development if adequate provision has been made to mitigate the adverse effects of noise likely to be generated or experienced by the development.
   
9.27 Government guidance is that, as a general principle, developments that generate noise and developments that are sensitive to noise should be sited away from one another if possible (PPG24, September 1994).
9.28 The City Council will follow that advice wherever feasible. However, particularly in a compact, urban area, and with an increased emphasis on mixed-use developments at higher densities, this separation is not always possible. In many cases, therefore, developments will be required to incorporate, either on or off-site, specific design features which will provide the necessary noise attenuation. In addition, it may be appropriate to provide visual screening from the noise source. In those circumstances, any permission that is granted would be subject to conditions requiring all necessary work to be undertaken before any of the development to be permitted is made available for occupation.
9.29 The City Council, when considering planning applications for noise-sensitive development, will take into account the predicted effects of traffic noise from proposed roads, including both those in this Plan and those needed to serve the proposed development.
  Contaminated Land
DA14 Where planning permission is sought for development on or adjacent to land which is known, or suspected, to be contaminated to an extent that may adversely affect the proposed development, the City Council will require an investigation by the developer to identify the remedial measures required to deal with any such hazard.
  Planning permission will only be granted for development if the City Council is satisfied that the land is remediated, or (if not already remediated) can be remediated by the imposition of planning conditions, or by entering into a planning obligation, to the extent necessary to ensure that:
  (a) the land (once remediated) would not cause any risk to the health or safety of people living on, working on, or visiting the development site; and
  (b) any proposed structures would not be at risk of damage from contamination; and
  (c) the proposed development of the land would not cause significant harm, or a significant possibility of harm, to controlled waters* or to air.
  * A controlled water is: any body of water that is connected to another body of water by an inlet or outlet. A body of water can include rivers, streams, lakes and groundwater.
   
9.30 The Government wishes to encourage full and effective use of land and the re-use of sites which have previously been developed. Recycling of land helps to revitalise most areas and reduces the need to use new sites outside built-up areas, thus assisting the safeguarding of the countryside. The re-use of contaminated land can contribute towards these objectives, but it is necessary to balance the aim of bringing it back into beneficial use with the need to protect the health and safety of occupiers, visitors and the construction work force both during and after redevelopment.
9.31 Where the previous history of a site suggests that contamination may have occurred, an investigation to assess the condition of the site and identify any particular problems or hazards will normally need to be undertaken by the prospective developer prior to the determination of a planning application. The possibility of contamination is a material factor which the City Council will take into account in the determination of planning applications, and if the information provided is insufficient to enable the Council to determine any application, the applicant may be asked or directed to provide further information. The assessment of the significance of contamination requires careful professional judgement and the City Council will obtain specialist advice, as appropriate, when considering applications to develop contaminated or potentially contaminated sites.
9.32 If there is a need to erect a building or undertake other development as part of the remediation works, planning permission will normally be granted, even if the site lies in the open countryside, where policy LNE1 applies, or in a green wedge, where policy LNE2 applies. However, such permission will be restricted to proposals where the need is proven and conditions will be imposed to secure the removal of the development once the need no longer exists.
9.33 In cases where planning permission is granted for development of a site on which the presence of contamination is known or suspected, the Council will notify the applicant that the responsibility for safe development and secure occupancy of the site rests with the developer; and that the authority has determined the application on the basis of the information available to it, but that the authority could not be held liable if that information is subsequently proved to be inaccurate or inadequate.
  Development in the Vicinity of Hazardous Installations
DA15 Planning permission will not be granted for any development which is likely to result in a significant increase in the number of people living, working or congregating in the vicinity of a hazardous installation, a notifiable pipeline or a licensed explosives site where, in the opinion of the City Council, the hazard poses an unacceptable risk to public safety.
   
9.35 Development within the consultation zone may be considered to be at risk, albeit minimal. Nevertheless, it is prudent to prevent increases in the numbers of people placed at risk, particularly those who cannot be easily evacuated in an emergency, such as the elderly or people with disabilities. In assessing the level of any risk, the City Council will be guided by the advice of the Health and Safety Executive.
9.36 Up to date advice on the location of hazardous installations in the District can be obtained direct from the City Council or the Health and Safety Executive.
  Development on or in the Vicinity of Landfill Sites
DA16 Planning permission will not be granted for any development on or in the vicinity of closed, existing, or proposed sites for waste disposal by means of landfill, unless the City Council is satisfied that there has been an assessment determining no greater than a minimal risk to public safety from migrating gas, either during construction or following completion of the development.
   
9.37 The City Council is concerned about the potentially dangerous problems that may be caused by the migration of poisonous or explosive gases from landfill sites. It therefore proposes to restrict development on and near land that may be affected by past, present and proposed landfill.
9.38 Where there is a possibility that migrating gas could affect a proposed development, the City Council will require the applicant to undertake and submit a comprehensive site investigation to accompany the planning application. Particular care will be required if development is proposed within 250 metres of a landfill site. In all cases it will be the responsibility of the developer to demonstrate that it is safe to develop in the vicinity of such a site. Where the Council is satisfied that it would be unreasonable, on the basis of the evidence supplied, to refuse permission, it will consider imposing conditions to manage any possible gas and ensure that suitable precautions are taken with construction methods.
9.39 Appropriate sealing/protection systems will depend on individual circumstances. They may include the sealing of all pipes, drains, cables etc. entering buildings; the sealing of the inside of the building from the foundations with a low permeability membrane; and, in some circumstances, the forced ventilation of foundation cavities triggered by gas sensors.
  Protecting Closed Landfill Sites
DA17 On sites that have been filled using putrescible material and sealed with a cap of clay or other impermeable material, the City Council will not permit any new use that would be likely to disturb the landfilled waste, breach the seal, or interfere with the effective operation of any gas venting or other engineering measures on the site.
   
9.40 When sites have been reclaimed or restored using waste materials they are often sealed by capping the site with clay or other impermeable material in order to minimise water penetration which could give rise to leachate likely to contaminate ground water. It would not be appropriate to encourage any development or tree planting that could break this seal as part of any after use (although the risk of any tree roots penetrating the sealing cap can be reduced if sufficient topsoil cover has been provided and the seal has been properly constructed).
  Protecting Waste Disposal and Treatment Sites
DA18 Except in cases of overriding need, the City Council will not grant planning permission for any development on or adjacent to land identified in the Waste Local Plan, or having planning permission for the existing or proposed disposal of waste, that would prejudice the use of the land for that purpose.
   
9.41 The City Council is aware that the identification of sites suitable for waste disposal or treatment may be difficult and their selection is sometimes controversial. It therefore considers it appropriate to ensure that once a site has been identified in an adopted Waste Local Plan or been granted planning permission, the future use of that site should not be prejudiced by permitting other uses, particularly residential, on or close to the site. It should be noted that potential waste disposal/treatment sites will only be protected after they have either been given planning permission or been proposed in an approved local plan.
  Shop Fronts, Canopies and Advertisements
  Shop Fronts
DA19 Planning permission for any new, replacement or altered shop front will only be granted if:
  (a) its design would be sympathetic in size, architectural style/proportion, materials and architectural detailing to the building to which it would be fitted; and
  (b) it would not detract from the character or appearance of the street as a whole; and
  (c) any advertising material is incorporated as an integral part of the design.
   
9.42 Shop fronts can make a substantial and positive contribution to the visual interest of an area if sympathetically designed, but a degree of control is required if the character of buildings or the overall appearance of a street is not to be destroyed by poor design. Open shop fronts can create visually unacceptable voids and proposals for their development will generally be resisted. Particular care is necessary in the design of shop fronts in conservation areas, and on listed buildings, or where the shop front would straddle buildings of different designs.
  Security Shutters
DA20 Planning permission for the installation of an external security shutter will be granted only where the City Council is satisfied that there is a persistent problem of crime or vandalism affecting the property which cannot be satisfactorily and reasonably addressed by alternative measurers, and:
  (a) the property is not a listed building or situated in a conservation area; and
  (b) the shutter is designed to a high standard, taking account of the design features of the frontage into which it would be installed.
   
9.43 The experience and fear of crime in some areas has led to a general desire for improved shop front security and owners are increasingly considering the installation of security shutters. However, many such shutters (especially if solid) can be visually unattractive and create a 'dead', hostile appearance, which can reduce natural surveillance and thereby encourage other crime. This can also affect the commercial viability of an area. There are other means of improving the security of shop fronts, such as the use of laminated glass, improved lighting, internal security grilles or CCTV, that have a less detrimental impact. The City Council will strive to achieve a balance between the security requirements of individual shops and the impact on the wider area.
  Canopies
DA21 Planning permission for the installation of a fixed canopy will only be granted on the ground floor of a shop, cafe, restaurant or public house, but only if it can be installed without detracting from the character of the building or surrounding area.
   
9.44 Fixed canopies are not traditional on most buildings in this country and are frequently not compatible with their style or character. Because of their shape, design, materials and colours they can be visually very dominant and discordant. It is important, therefore, that they should be used sensitively.
  Advertisements
DA22 The City Council will not grant consent for any advertisement which, by reason of its size, location, design, illumination or colour:
  (a) would be likely to endanger public safety; and/or
  (b) would be detrimental to the visual amenity of the area.
   
9.45 The majority of advertisements which might fall into category a) above are likely to be those which would obstruct, confuse, distract or impair the view of road users or leave insufficient clearance for the passage of vehicles or pedestrians, or employ unsuitable levels and types of illumination. Also included would be those advertisements which might prove dangerous to blind or partially sighted people because of their proposed free-standing location in shopping malls or precincts, or on forecourts.
9.46 The City Council takes the view that the proliferation of freestanding signs, particularly A-boards, would be both detrimental to visual amenity and likely to endanger pedestrians. Also of particular concern is the possible spread of advertisements in the countryside, including those next to highways that introduce an unnecessary urban character to the rural setting. Such signs will be assessed using the above policy.
9.47 In the case of advertisements on buildings, the City Council will not normally grant consent for advertisements which would detract from the appearance of the building itself, or which would otherwise be detrimental to the amenity of the surrounding area. Consent will not normally be granted for advertisements which:
 
  • are positioned on top of buildings; or
  • are positioned above ground floor or fascia level on shops and offices; or
  • straddle buildings of different character; or
  • would present a cluttered appearance, when taking into account any existing signs on the building; or
  • would be detrimental to the amenity of the surrounding area because of the proposed hours of illumination, level of brightness or intermittent nature of the illumination.
9.48 Particular importance is attached to the way in which advertisements are incorporated into the design of shops and shop fronts. The best solutions can be achieved when advertisements are designed and installed as an integral part of the shop front and applications for such advertisements will also be considered in the light of policy DA19 regarding the design of shop fronts.
  Advertisement Hoardings
DA23 Consent for the erection of an advertisement hoarding or gable end poster panel will not be granted where it would be out of scale with its surroundings or otherwise detrimental to amenity or public safety.
   
9.49 The most appropriate locations for hoardings are normally those for which deemed consent* exists. Elsewhere in the District, hoardings would usually be out of scale with their surroundings, unduly dominant in the street scene and detrimental to amenity. To allow further hoardings would negate some of the progress that has been achieved by the City Council in improving the appearance of the city.
  * Under the provisions of the Town and Country Planning (Control of Advertisements) Regulations 1992 certain advertisements displayed on hoardings around sites where construction of primarily commercial, industrial or business development is taking place or about to take place (except in conservation areas) benefit from 'deemed consent' for a period of up to three years. An application for 'express consent' from the City Council is not required. Policy DA23 therefore only applies to applications for express consent which fall to be determined by the Council.
 
 
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