3.1 The Borough's environment is its greatest asset which must be protected from unnecessary harm. Only through this guiding principle will the quality of life of Borough residents, and the continued attraction of the Borough to potential investors, be assured.
3.2 Allocations within the Plan will guide development to where it will result in a benefit in economic, social or environmental terms but development pressures fluctuate in their nature and intensity and can give rise to unexpected effects on the environment. It is therefore not possible to define meaningful criteria which would be applicable to all sites or all forms of development within the Borough up to 2004. This would unnecessarily constrain the ability of developers to respond to changing demands and could frustrate the realisation of reasonable development opportunities.
3.3 The Environment Chapter provides the essential framework against which the effects of development can be evaluated. The following objectives will guide the implementation of these policies.
OBJECTIVES
1. TO AVOID THE UNNECESSARY LOSS OF OPEN LAND TO DEVELOPMENT.
2. TO ENSURE THAT IN GRANTING PLANNING PERMISSION PATTERNS OF DEVELOPMENT WILL MAKE EFFICIENT USE OF THE BOROUGH'S INFRASTRUCTURE AND RESOURCES.
3. TO CONSERVE, PROTECT AND WHEREVER POSSIBLE ENHANCE THE BOROUGH'S TOWNSCAPE AND LANDSCAPE HERITAGE.
4. TO CONSERVE, PROTECT AND ENHANCE THE AMENITY, NATURE CONSERVATION AND RECREATIONAL VALUE OF UNDEVELOPED LAND.
POLICIES
3.4 The Local Plan provides a framework of policies dealing with a wide range of topics. Wherever possible, locational guidance is provided but, in some circumstances, it is not possible to anticipate where development proposals will arise or precisely the form that they will take. The following Policies, therefore, explain where development would be most appropriate and the factors that will be taken into account in evaluating planning applications.
POLICY EN1 - DEVELOPMENT LIMITS
SUBJECT TO CONSIDERATION AGAINST ALL RELEVANT DEVELOPMENT PLAN POLICIES, PROPOSALS WILL BE PERMITTED WHERE THEY ARE WITHIN DEFINED DEVELOPMENT LIMITS UNLESS THEY WOULD RESULT IN HARM TO, OR LOSS OF, SITES CONSIDERED IMPORTANT TO THE CHARACTER AND AMENITY OF THE SURROUNDING AREA. DEVELOPMENT WITHIN THESE LIMITS SHALL BE SITED, DESIGNED AND LANDSCAPED SO AS NOT TO HARM THE APPEARANCE OF THE AREA.
PROPOSALS OUTSIDE THESE AREAS WILL BE TREATED AS DEVELOPMENT IN THE OPEN COUNTRYSIDE.
Justification
3.5 Land is allocated to meet anticipated development needs following the guiding principles set out in the Strategy Section of the plan. These allocations reflect the settlement hierarchy defined in the Structure Plan. On these sites the Borough Council is satisfied that, in principle, the site is suitable tor the proposed development and would be compatible with surrounding land uses.
PROPOSALS ACCEPTABLE IN THE OPEN COUNTRYSIDE UNDER OTHER PLAN POLICIES WILL BE PERMITTED WHERE IN TERMS OF SITING, LAYOUT, DESIGN AND LANDSCAPING THEY:
1. AVOID THE LOSS OF THE BEST AND MOST VERSATILE AGRICULTURAL LAND; AND
2. WILL NOT HARM THE CHARACTER OF THE SURROUNDING AREA; AND
3. SAFEGUARD SITES AND FEATURES CONSIDERED IMPORTANT FOR THEIR LANDSCAPE, AMENITY OR HISTORICAL VALUE; AND
4. SAFEGUARD NATURE CONSERVATION INTERESTS; AND
5. WILL NOT HARM THE LANDSCAPE SETTING OF SETTLEMENTS.
Justification
3.6 The majority of development will take place within detined development limits but there will be instances where proposals outside these limits can be acceptable. These circumstances are set out in each of the chapters of the Plan. However, even where development is justified there is still a need to minimise its effects on the environment particularly through careful consideration of siting and design.
3.7 PPG7 - "The Countryside and the Rural Economy, advises that it is the Government's policy that the countryside should be protected for its own sake and that non-renewable and natural resources should be afforded protection. The ' best and most versatile' agricultural land is a national resource for the future, and considerable weight should be given to protecting such land against development. This is land graded as 1, 2 and 3a which constitutes the large majority of agricultural land within the Borough. As such it may be difficult to avoid some loss of high quality land but where it cannot be avoided proposals should be designed to safeguard the agricultural viability of remaining land and should not establish a precedent for further loss.
3.8 PPG9 'Nature Conservation' explains the importance of safeguarding nature conservation interests in order to fulfil European and international obligations towards maintaining an abundance and diversity of wildlife species and habitats.
3.9 Buildings in the open landscape of East Yorkshire can be prominent and therefore the aim will be to ensure the development is sited, designed and landscaped to ensure that it does not dominate the rural scene.
LANDSCAPE AND HABITAT PROTECTION
3.10 The varied character and appearance of the Borough's landscape owes much to the dominance of agriculture as a primary land use. Three main geographical areas exist distinguished by different physical features of relief, climate, geology and soils, and by different agricultural practices. These areas are the Vale of York, the Wolds and the Holderness Plain.
3.11 The predominately flat land of the Vale of York provides a setting for the internationally important Lower Derwent Valley which includes the River Derwent and its associated wetlands, and benefits from the backdrop of the Wolds escarpment. Cereal production in this area has declined in the recent years giving rise to proposals for the reuse of redundant farm buildings. Proximity to the City of York and its potential for tourism provides further opportunities for the diversification of the economy which could have implications for the landscape and its buildings.
3.12 The Wolds area of undulating chalkland extends from the east of Pocklington and Market Weighton across to the Flamborough Headland. Steep sided dry valleys cut into the landscape which is for the most part devoted to cereal production, with large open fields punctuated with the occasional farm unit sheltered by trees . Although sparsely populated, the area includes particular features such as the woodland areas associated with major estates and botanically rich chalk grasslands, springs and fens on the High Wolds, some of which are of national significance and attract visitors which help to support the rural economy. In the recent past there has been pressure to designate parts of the Wolds as an Area of Outstanding Natural Beauty. In 1990, a formal bid was unsuccessful but there remains a commitment from East Yorkshire Borough Council, together with adjacent authorities, to ensure that the landscape qualities of the area are recognised and protected. As an essential first step, Humberside County Council will be undertaking a landscape assessment which will examine the characteristic features of the entire Wolds area, extending across local authority boundaries. This will provide a basis for further work to examine the contribution which the Wolds make to the local economy and to identify land use and management issues. Through this more thorough understanding of the Wolds’, policies and initiatives will be developed to reflect the landscape characteristic of the area and promote their appreciation. On the Flamborough Headland itself the landscape is nationally recognised as a Heritage Coast. Additionally, the international importance of the cliff line and the proximity to Bridlington attracts substantial visitor numbers. The Coastal Zone Chapter provides further information on planning issues within this area.
3.13 The low lying land of the Holdemess Plain is an undulating area extending south east from the spring line ; of villages on the Wolds dip slope. Two particular features are of note in this area; the River Hull headwaters is nationally important as the country's most northerly chalk stream and because of its qualities as a fishery; and on the coast the rapidly eroding boulder clay cliff line which at Skipsea reveals an important geological site.
3.14 These diversity of landscapes and their associated planning issues cannot be addressed in a broad brush manner but demand closer attention to local circumstances. The characteristics of the Borough's landscape have been assessed in the context of PPG7 - "The Countryside and the Rural Economy", which highlights those landscape features which are statutorily protected because of their national or international importance. Many such special features exist in East Yorkshire.However, the value of the landscape derives from more than just these relatively isolated natural or historical features and owes much to the sense of place created by these features together with the underlying topography and buildings.
3.15 For most parts of the Borough Policy EN2 provides a satisfactory basis for considering development proposals. Certain parts of the Borough exhibit characteristics which warrant additional guidance. In these areas, additional policies will ensure that their special characteristics are fully acknowledged in decision making. The most significant of the Borough's landscape is the Flamborough Headland Heritage Coast. This area is of national importance and the consideration of all development proposals within it will be guided by Policy CZi in the Coastal Zone Chapter. Elsewhere, Areas of Landscape and Habitat Protection have been defined. Policies EN3, 4 and 5 provide specific guidance additional to Policy EN2, which will ensure that the most sensitive aspects of these areas will be protected.
3.16 In the towns and villages, the landscape itself has a role to play in defining the setting to the settlement but there are many features of local importance which merit particular protection for the contribution they make to the townscape. PPG3 - "Housing", recognises that these sites are particularty vulnerable to development pressure and supports their protection as valuable amenity areas, important for maintaining the character of a neighbourhood. Policies EN6 and EN7 define and protect these areas. In Bridlington, where development pressures are likely to be sustained in the long term, Areas of Restraint have been defined through Policy BRID1 to ensure that the integrity of the urban fringe will be maintained.
POLICY EN3 - WOLDS AREA OF LANDSCAPE PROTECTION
WITHIN THE WOLDS AREA OF LANDSCAPE PROTECTION, PROPOSALS WHICH ARE OTHERWISE ACCEPTABLE IN THE OPEN COUNTRYSIDE AND, IN PARTICULAR, SMALL SCALE TOURISM AND RECREATION PROPOSALS ASSOCIATED WITH THE AREA'S CULTURAL AND NATURAL HERITAGE, WILL ONLY BE PERMITTED WHERE:
1. THEY WILL NOT BE PROMINENT IN OR HARM THE QUALITY OF THE LANDSCAPE; AND
2. IN TERMS OF DESIGN, MATERIALS, COLOUR AND LANDSCAPE TREATMENT, THEY ARE OF A HIGH STANDARD IN SCALE AND CHARACTER WITH THEIR SURROUNDINGS; AND
3. INDIVIDUALLY AND CUMULATIVELY WITH OTHER DEVELOPMENT, THEY WILL NOT GIVE RISE TO LEVELS OF TRAFFIC, NOISE OR VISITOR PRESSURE LIKELY TO HARM THE QUIET CHARACTER OR NATURE CONSERVATION INTEREST OF THE AREA.
Justification
3.17 The Wolds is an area of scenic attraction owing much of its appeal to long range views over well farmed and managed countryside. The majority of the Wolds consists of arable farmland with large fields spread across the undulating landscape. Isolated farmsteads protected by sheRer betts dot this landscape which is intensively farmed. In contrast to this general pattern, parts of the Wolds are well planted estate parklands and chalk grassland is still in evidence in some parts which, together with occasional spring fed wetlands, are important for their nature conservation interest. These natural features, together with sites of historical significance, are particularly concentrated in the western section of the Wolds, comprising the Wolds Escarpment and the High Wolds where public rights of way provide access to and between them.
3.18 Within this area, the Borough Council considers that the protection of the Wolds landscape can be balanced with the promotion of the area's tourism and recreation potential, as the topography and landscape features provide scope to accommodate limited development. Elsewhere within the defined area, the sweeping topography, the intensely arable nature of farming practices and the general absence of field hedges and trees makes development conspicuous and potentially damaging to the visual appearance of the Wolds so the promotion of tourism and recreation proposals would be inappropriate. Where development is to take place through Policy EN3, it is best associated with existing building groups, which in most instances are protected by extensive tree shelter belts. Further tree planting may help to screen new development but this itself may be incompatible with the nature conservation interest of particular areas, notably the chalk grasslands. Where proposals cannot be hidden, particular attention will be paid to the use of materials to assimilate development into the landscape
3.19 Tourism related development will only be acceptable where it is in scale and character with its surroundings. There is a need to ensure that the likely increased visitor pressure will not destroy the quiet undisturbed character of the landscape. It is believed that tourism and recreation uses will not only aid the local economy but through a greater appreciation of the area's natural beauty will lead to increased support for the protection and management of the Wolds countryside.
3.20 Although parts of the High Wolds may experience high mean wind speeds and therefore have potential for wind turbine development, such a use on a commercial scale is likely to be an incongruous element in the landscape. conflicting with the objective of the landscape designation. Individual wind turbines associated with, and designed to serve, existing farmsteads may be acceptable but proposals for commercial wind energy production can be more readily accommodated within parts of the Holderness Plain, where policies EN2S and CZ8 provide detailed guidance.
3.21 Guidance on the siting of new telecommunications apparatus, which could seek a location on the ridge lines of the Wolds is provided in Policy EN26.
POLICY EN4 - RIVER DERWENT AREA OF HABITAT PROTECTION
WITHIN THE DEFINED RIVER DERWENT AREA OF HABITAT PROTECTION PROPOSALS WILL ONLY BE PERMITTED WHERE THEY:-
1. WILL NOT RESULT IN HABITAT LOSS, POLLUTION, OR DISTURBANCE FROM VISITOR PRESSURE, WHICH WOULD DIRECTLY OR INDIRECTLY THREATEN IMPORTANT NATURE CONSERVATION INTERESTS AS DEFINED IN POLICIES EN8, EN9 AND ENlO; AND
2. WILL NOT INVOLVE WORKS WITHIN WATERCOURSES WHICH WOULD IMPEDE THE PASSAGE OF FISH; AND
3. WILL NOT REQUIRE EXTERNAL ILLUMINATION CLOSE TO IMPORTANT FISH SPAWNING GROUNDS; AND
4. RETAIN BANKSIDE COVER AS PART OF A CONSERVATION CORRIDOR ALONGSIDE WATERCOURSES.
PROPOSALS FOR MOORINGS WILL ONLY BE PERMITTED AS PART OF THE RATIONALISATION AND IMPROVEMENT OF EXISTING FACILITIES SUCH THAT THERE WILL BE NO OVERALL INCREASE IN THEIR NUMBER.
Justification
3.22 The Lower Derwent Valley below Sutton-on-Derwent is recognised as a Ramsar site and a Special Protection Area (see Policy EN8). Both designations recognise the international importance of the River Derwent and its associated wetlands for the range of species including birds and invertebrates and also habitats which place a duty of care on appropriate Authorities for the wise management of the wetlands. In this area proposals particularly for recreation development could conflict with nature conservation interests and will, therefore, be subject to rigorous scrutiny under Policy EN8 prior to consideration under Policy EN4.
3.23 Other parts of the River Derwent and the adjoining Melbourne and Thornton Ings and Pocklington Canal have national status as Sites of Special Scientific Interest where Policy EN9 will apply.
3.24 The significance of the river system is largely dependent upon the quality of its water and the variety in its fish stocks and other aquatic life which in turn are reliant upon the appearance and management of the landscape close to the river. These qualities can be affected by development, sometimes at some distance from the river, particularly through pollution affecting tributaries of the river or through increased disturbance affecting natural processes such as fish spawning which also occurs outside the notified Site of Special Scientifc Interest (SSSI).
3.25 English Nature is the responsible body for advising on the effects of development within or adjoining the Site of Special Scientific Interest. The Pocklington Canal is owned and managed by British Waterways who are currently preparing a draft Management Declaration for the Pocklington Canal with English Nature. The National Rivers Authority (NRA) is responsible for the protection and wise management of the river catchment generally and is currently preparing a Catchment Management Plan which recognises the need for a balance to be struck between pressures for recreational development and nature conservation interests. Policy EN4 is consistent with the achievement of that balance and will ensure through additional scrutiny that proposals will protect the quiet character of the area tor which it is highly valued.
POLICY EN5 - RIVER HULL HEADWATERS AREA OF HABITAT PROTECTION
WITHIN THE DEFINED RIVER HULL HEADWATERS AREA OF HABITAT PROTECTION PROPOSALS WILL ONLY BE PERMITTED WHERE THEY:
1. WILL NOT RESULT IN HABITAT LOSS, POLLUTION, OR DISTURBANCE FROM VISITOR PRESSURE, WHICH WOULD DIRECTLY OR INDIRECTLY THREATEN IMPORT ANT NATURE
CONSERVATION INTERESTS, AS DEFINED IN POLICIES EN9 AND ENlO; AND
2. WILL NOT REQUIRE EXTERNAL ILLUMINATION CLOSE TO IMPORTANT FISH SPAWNING
GROUNDS; AND
3. THEY WILL RETAIN BANKSIDE COVER AS PART OF A CONSERVATION CORRIDOR ALONGSIDE WATERCOURSES.
NEW TROUT FARMS OR EXTENSIONS TO EXISTING FARMS WILL NOT BE PERMITTED WHERE THEY WILL GIVE RISE TO OR PERPETUATE AN UNACCEPTABLE RISK TO THE QUALITY OF THE WATERCOURSE AS A RESOURCE FOR NATURE CONSERVATION.
Justification
3.26 The River Hull Headwaters is of national significance as a notified SSSI due to the exceptional purity of its water. English Nature will be consulted on development proposals within or affecting the notified SSSI.
3.27 The watercourse is the most northerly example of a chalk stream in the country and is highly regarded. Management of the watercourse has created prime trout fisheries which are almost unique in their quality. The National Rivers Authority advise that flows from spring heads at Elmswell, Kirkburn, Southbum, Eastbum, Kilham and Bracey Bridge and the streams which flow down to form West Beck and Kelk Beck are essential to the maintenance of these fisheries.
3.28 Similar factors as those described for the River Derwent can have a serious effect on water quality and fish populations, and it is essential that adequate protection is afforded beyond the notified SSSI.
3.29 During the last two decades, trout farming activity has increased considerably on the West Beck and has had a detrimental impact on the fragile ecology of the chalk stream. The National Rivers Authority are currently implementing measures to redress these effects. Further fish farms are therefore unlikely to be permitted unless the river system can be safeguarded from harm.
POLICY EN6 - OPEN AREAS TO BE RETAINED
PROPOSALS ON LAND IDENTIFIED ON THE PROPOSALS MAP AS AN OPEN AREA TO BE RETAINED WILL NOT BE PERMITTED UNLESS:
1. THEY ARE ANCILLARY TO THE EXISTING USE OF THE SITE; AND
2. THEY WILL RETAIN THE ESSENTIALLY OPEN CHARACTER OF THE SITE; AND
3. ANY BUILDINGS ARE SITED TO RELATE, WHERE POSSIBLE, TO EXISTING ADJOINING DEVELOPMENT;AND
4. THEY ARE ACCEPTABLE IN TERMS OF POLICIES FOR NATURE CONSERVATION.
Justiflcation
3.30 Open land within rural settlements often forms an essential part of their character, and is a visual amenity for residents and visitors. This may be a gap within a buiR up area, or land immediately adjoining the village which is important to the structure of the settlement. PPGl7 - "Sport and Recreation", emphasises the need to identify and retain these amenity features and to provide guidance for the consideration of development proposals affecting them.
3.31 These areas are defined on the Proposals Map and wherever possible they have been excluded from village development limits, but even uses which would otherwise be appropriate in the open countryside could still erode the contribution which these sites make to the character of an area, and therefore the more detailed consideration required by the policy is necessary.
PROPOSALS FOR DEVELOPMENT WILL NOT BE PERMITTED ON LAND IDENTIFIED ON THE PROPOSALS MAP AS URBAN OPEN SPACE OR ON OPEN AREAS REQUIRED TO BE PROVIDED THROUGH EXISTING PLANNING PERMISSIONS UNLESS THEY WOULD SAFEGUARD THE ESSENTIALLY OPEN CHARACTER OF THE SURROUNDING AREA.
Justification
3.32 In the urban areas the open spaces defined on the Proposals Map have a valuable role to play in providing ) a break in an otherwise built up environment. In many cases such sites may have an additional role in providing opportunities for recreation (see Policy R4) but whether or not a recreational u5e exists, Policy EN7 will ensure that the value of the site as an amenity feature is taken into account in considering development proposals.
3.33 Maintaining the quality and diversity of the natural environment is central to the concept of sustainability. In recent years significant steps have been taken to identify the World's key natural resources and to recognise the sensitivities of these resources to change. The Earth Summit in Rio in 1992 was typical of global attempts to balance the influence of man with the needs of the natural environment. Arising from such work, international commitments have been a major influence on the Government's approach to accommodating development needs and economic growth.
3.34 PPG9 - "Nature Conservation" explains the statutory framework ot protection for nature conservation interests and describes the way in which Local Plan policies should reflect the relative importance of sites to ensure that development can be compatible with nature conservation.
Policy guidance for nature conservation now exists at 4 levels.
International
3.35.1 The Ramsar Convention (Cmnd 6465) commits the United Kingdom to identifying and promoting the conservation value of particular wetland sites where they meet internationally agreed criteria. Parts of the Lower Derwent Valley have been designated under this convention.
European
3.35.2 The European Community Directive on the conservation of wild birds (The Wild Birds Directive 79/409/ EEC) binds member states to take special measures to conserve the habitat of migratory birds and particular vulnerable bird species. The same parts of the Lower Derwent Valley designated as a Ramsar site are also classified as Special Protection Areas (SPAs) under this Directive which also applies to parts of Flamborough Head and Bempton Cliffs.
3.35.3 The European Community Directive on the conservation of natural habitats of wild fauna and flora (the Habitats and Species Directive 92/43/EEC) requires member states to take measures to maintain or restore particular natural habitats and wild species at a favourable conservation status. It introduces special considerations for classified SPAs and requires the Govemment to identify further Special Areas of Conservation (SACs) where their flora and fauna are of Community wide importance. No parts of East Yorkshire have been put forward as candidate SACs but the possibility of sites being temporarily identified by the European Commission should not be ruled out.
3.35.4 Where SPAs and SACs are classified or proposed, they will also form part of a European network of sites known as Nature 2000. Maintaining the coherence of this network is a prime objective of European legislation and development will only be acceptable where it fully satisfies Policy EN8 and includes any necessary compensatory measures to achieve this objective.
3.35.5 The requirements of the Habitats and Species Directive have now been formally incorporated within UK legislation through the Conservation (Natural Habitats, & C.) Regulations 1994, known as the Habitats Regulations. The important effect of these Regulations is that they subject proposals to the most rigorous examination and can remove permitted development rights where such development is likely to have a significant adverse effect on the integrity of an existing or proposed SPA or SAC.
National
3.35.6 Sites of national importance were originally defined through the provisions of the 1949 National Parks and Access to the Countryside Act. The Wildlife and Countryside Act 1981 and successive legislation has enhanced awareness and protection of nature conservation and has set in place statutory provision for designating individual sites as either a National Nature Reserve (NNR) or a Site of Special Scientific Interest (SSSI). Schedules 5 and 8 of the Act also identify plant and wildlife species which are specially protected by law. In addition, certain animal species, such as badgers enjoy the protection of their own specific legislation.
Parts of the Derwent Ings SSSI and Melboume and Thomton Ings SSSI have been declared as an NNR, known as the Lower Derwent Valley NNR. The area forms part of a larger series of notified SSSIs which includes the Lower Derwent Valley SPA/Ramsar Site. The Flamborough Head and Bempton Cliffs SPA similarly forms part of a more extensive SSSI. SSSIs are notified because of their national significance for their plants, animals or land form. The aim of notification is to conserve these key areas with their characteristic communities of plants and animals. Many sites exist within the Borough, as shown on the Proposals Map and listed in Appendix 4. Other sites exist within adjoining authorities close to their boundaries with East Yorkshire and the Borough Council will notify these authorities where development is proposed which could affect these areas. The environmental effects of any proposed development likely to affect SSSIs will therefore be subjected to special scrutiny and may require the submission of an Environment Assessment in accordance with Community Directive 85/337. Guidance on the form and content of an assessment is set out in Department of the Environment (DOE) Circular 15188, "Environmental Assessment".
3.35.8 In addition to the above areas the Borough also contains a Biogenetic Reserve. Millington Wood and Pastures SSSI has been identified as such under a Council of Europe Programme for the conservation of dry grasslands and also heathlands. Special regard will therefore be needed where development is likely to adversely affect this site.
Local
3.35.9 Although the most important sites of nature conservation interest within the Borough are statutorily protected, the majority are of more local interest and do not enjoy such protection. The Borough Council has collated all known information sources on sites of nature conservation interest within the Borough into an Inventory. Over 200 individual sites are identified. The characteristics and significance of these sites vary greatly but some sites, such as the chalk grasslands on the Wolds which are now one of Britain's rarest habitats, are particularly important despite the lack of a statutory designation.
3.35.10 Some sites are managed as nature reserves by the Yorkshire Wildlife Trust, Humberside County Council,Yorkshire Water and RSPB but the inventory is far from complete and many sites or features are likely to remain unrecorded. Therefore, it would be misleading to present the information on the Proposals Map in its current form but that does not restrict its use as background information in considering development proposals.
3.35.11 To assist the allocation of land through the local plan process English Nature part funded a Phase 1 Habitat Survey for each of the Borough's main settlements. Allocations have been made taking account of this survey. As the information base is updated, a more complete picture of the Borough's nature conservation resource will become available which may well assist the preparation of a nature conservation strategy in the future. Through such a strategy the opportunity will exist for the Borough Council to take a more pro-active role in countryside management, including the designation of statutory Local Nature Reserves on its own land, or involvement in Management Agreements with private landowners.
POLICY EN8 - INTERNATIONAL NATURE CONSERVATION SITES
ON SITES WHICH ARE DESIGNATED OR PROPOSED TO BE DESIGNATED BECAUSE OF THEIR INTERNATIONAL IMPORTANCE FOR NATURE CONSERVATION, PROPOSALS WILL ONLY BE PERMITTED WHERE THEY ARE DIRECTLY CONNECTED WITH OR NECESSARY TO THE MANAGEMENT OF THE SITE, OR, TOGETHER WITH OTHER PROPOSALS THEY WILL NOT ADVERSELY AFFECT THE INTEGRITY OF THE SITE.
PROPOSALS WHICH DO NOT MEET THESE CRITERIA WILL ONLY BE PERMITTED WHERE NO ALTERNATIVE SITE EXISTS AND WHERE THERE ARE IMPERATIVE REASONS OF OVERRIDING PUBLIC INTEREST BUT WHERE THE SITE HOSTS A PRIORITY HABITAT OR SPECIES (AS LISTED IN EC DIRECTIVE 92/43), PROPOSALS WILL ONLY BE PERMITTED WHERE THEY ARE RE~UIRED FOR REASONS OF HUMAN HEALTH AND PUBLIC SAFETY OR WILL LEAD TO BENEFITS OF PRIMARY IMPORTANCE TO THE ENVIRONMENT.
THE DESIGNATED SPECIAL PROTECTION AREAS AND ANY PROPOSED SPECIAL AREA OF CONSERVATION FORM PART OF THE NATURA 2000 EUROPEAN NETWORK OF NATURE CONSERVATION SITES WHEREIN, IN ADDITION TO ANY MITIGATION MEASURES NECESSARY TO ACCOMMODATE DEVELOPMENT WITHIN THE ABOVE TERMS, SPECIAL COMPENSATORY MEASURES MAY BE REOUIRED THROUGH PLANNING CONDITIONS/LEGAL AGREEMENT, TO MAINTAIN THE COHERENCE OF THIS NETWORK.
Justification
3.36 Two areas are of international significance; Flamborough Head and Bempton Cliffs are designated as a Special Protection Area for their breeding and migrating seabird populations: the Lower Derwent Valley is designated as a Special Protection Area and Ramsar Site in recognition of the breeding and wintering waterfowl populations, wetland invertebrates, wetland habitat and flood meadow grassland. These areas are shown on the Proposals Map. Maintaining the integrity of these areas is part of an international commitment to the conservation of natural habitats and the wildlife they support, but in East Yorkshire they have an additional important role in underpinning the valuable tourist economy.
3.37 In these areas the Habitats Regulations withdraw permitted development rights to works which would adversely affect the integrity of the site and will require the submission of a planning application. If developers are in any doubt about the likely effects of works proposed under a permitted development right they should seek the advice of English Nature.
3.38 The importance of the internationally designated nature conservation sites cannot be over emphasised. They are sites which are vital to the abundance, diversity and range of wildlife species at either the European or global level. Under the EC Habitats and Species Directive, the Government is committed to maintaining the coherence of a European network of sites under the name Natura 2000. The Habitats Regulations require special compensatory measures to be taken where development will affect such sites. This may go well beyond the usual requirements for mitigation measures and will be subject to the approval of the Secretary of State prior to any permission being granted.
POLICY EN9 - NATIONAL NATURE CONSERVATION SITES
PROPOSALS WHICH ARE LIKELY TO ADVERSELY AFFECT, DIRECTLY OR INDIRECTLY, THE NATURE CONSERVATION INTEREST OF A SITE OF SPECIAL SCIENTIFIC INTEREST, NATIONAL NATURE RESERVE OR OTHER STATUTORILY DESIGNATED NATURE CONSERVATION SITE WILL BE SUBJECT TO SPECIAL SCRUTINY AND WILL ONLY BE PERMITTED IF HARM TO THE INTEREST CAN BE OVERCOME BY CONDITIONS OR PLANNING OBLIGATIONS OR IFTHERE ARE SPECIAL REASONS FOR GRANTING THE PERMISSION WHICH OUTWEIGH THE NATIONAL IMPORTANCE OF THE SITE.
Justification
3.39 the proposals map indicates those areas afforded statutory protection by virtue of their national importance for nature conservation.
3.40 The existence of these and other designated sites does much to maintain the high quality environment enjoyed by Borough residents and visitors alike. Moreover, the recognition of this at national and international level can contribute greatly to the economic potential of the area through tourism. It is important, therefore, that such sites are protected from unnecessary development because of their contribution to the economy as well as for their intrinsic nature conservation interest.
3.41 The Borough Council must consult English Nature where a proposal is likely to affect an SSSI, even though the development may not be within the notified area. This will ensure that the indirect effects of development are fully considered and that any measures necessary to safeguard the site can be identified as early as possible.
3.42 Policies EN4 and EN5 provide additional protection to the areas surrounding the watercourses associated with the River Derwent, Pocklington Canal and River Hull Headwaters, which should assist in safeguarding their significance for nature conservation. The boundaries of the Wolds Area of Landscape Protection has been drawn to include the majority of chalk grassland sites where Policy EN9 together with Policy EN3 will ensure that new development is compatible with the nature conservation interest of the area.
3.43 To assist and to take account of further designations within the Plan period, this policy will apply to all statutorily protected sites, whether proposed or confirmed and whether or not depicted on the Proposals Map. A schedule of notified SSSIs at July 1994 is included as Appendix 4 to the Plan.
POLICY EN10 - LOCAL NATURE CONSERVATION SITES
THE NATURE CONSERVATION IMPORTANCE OF ALL DEVELOPMENT SITES WILL BE TAKEN INTO ACCOUNT. PROPOSALS WHICH AFFECT LOCAL SITES OF NATURE CONSERVATION INTEREST WILL ONLY BE PERMITTED WHERE THE BENEFITS FROM DEVELOPMENT OUTWEIGH THE NATURE CONSERVATION IMPORTANCE OF THE SITE AND WHERE PLANNING CONDITIONS OR LEGAL AGREEMENTS CAN BE USED TO:
1. MINIMISE ANY HARM ARISING, OR
2. COMPENSATE FOR ANY HARM THROUGH ALTERNATIVE HABITAT CREATION OR OTHER APPROPRIATE NATURE CONSERVATION MEASURES.
Justification
3.44 There is a large number and diversity of sites of local nature conservation interest. These sites help to facilitate the survival and movement of wildlife species which are essential to the long term vitality and importance of the statutorily designated sites protected by Policies EN8 and EN9. They provide the key to achieving the Government's commitment to Biodiversity (biological diversity), as set out in The UK Action Plan published in 1994, by ensuring the long term abundance and diversity of British Wildlife. They have an additional role to play in maintaining many of the characteristic features of historic landscapes such as the chalk grassland and woodland shelter belts on the Wolds, or traditional hedgerows, many of which mark historic boundaries which may be protected by statute under the Enclosures Acts.
3.45 In 1993 the Borough Council prepared an inventory of all known sites of nature conservation interest. It is intended that this inventory will be used as part of the planning applications processing system to identify potential effects on nature conservation interests which may require the imposition of planning conditions or other measures for protection. Much of the information is drawn from local naturalist's records but some sites such as the Wolds chalk grasslands and the hay meadows alongside the River Derwent are acknowledged as being of particular importance despite the lack of a statutory designation.
3.46 Many other nature conservation sites are worthy of protection for their educational, research, historic or aesthetic value. Information on non statutory sites is still growing and has not yet been evaluated sufficiently to support the identification of individual sites on the Proposals Map but English Nature are currently investigating the feasibility of compiling a biological databank which will assist a more thorough understanding of the Borough's nature conservation resource.
3.47 Nature conservation does not depend solely on individual sites. Features such as hedgerows, streams or footpaths which are linear in character are essential as wildlife corridors which enable wildlife species to extend their natural range. Policy EN3 recognises the network of statutory and non statutory nature conservation sites on the High Wolds where footpaths and bridleways provide links between them and Policies EN4 and EN5 acknowledge the existence of the Derwent and Hull river corridors. The same principles apply at the local level and Policies EN 10 and EN 14 will enable such features to be retained for their nature conservation significance as well as their amenity value.
3.48 In applying the Policy the aim will be to at least prevent the long term decline of the nature conservation resource. Information provided by English Nature will be added to the site inventory and their advice will be sought to determine the most appropriate approach to particular proposals. Whenever possible, existing features of nature conservation interest should be safeguarded. In the limited circumstances where this cannot be achieved through the use of planning conditions, and there is a need for the development, alternative habitat creation may be appropriate. Habitat creation generally will be supported by the Borough Council, particularly where it will increase the number, size and diversity of natural habitats and the long term future of sites can be secured through Management Agreements or other measures.
POLICY EN11 - SPECIES PROTECTION
PROPOSALS LIKELY TO AFFECT A SPECIALLY PROTECTED WILDLIFE SPECIES WILL ONLY BE PERMITTED WHERE ANY POTENTIAL HARM CAN BE AVOIDED BY THE USE OF PLANNING CONDITIONS OR LEGAL AGREEMENTS WHICH WILL:
1. FACILITATE THE SURVIVAL IN SITU OF ALL INDIVIDUAL MEMBERS OF THE SPECIES; OR
2. PROVIDE ADEQUATE ALTERNATIVE HABITATS TO SUSTAIN AT LEAST CURRENT LEVELS OF POPULATION; AND
3. MINIMISE DISTURBANCE TO THE SPECIES DURING ANY CONSTRUCTION PHASE AND SUBSEQUENT OCCUPATION.
Justification
3.49 Certain wildlife species are specifically protected by the Wildlife and Countryside Act 1981. The schedules of protected species are updated every 5 years but some wildlife species such as badgers enjoy the protection of their own legislation.
3.50 The effect on protected species is a material consideration in deciding planning applications. Certain proposals, such as building conversions, could well be likely to disturb breeding or roosting places and in these circumstances it may be necessary to use planning conditions to restrict construction works to particular months when birds or bats are not present, or to modify the design of the proposal to ensure its continued use by wildlife. Such protection is not confined to proposals for building conversions. Protected species include a diverse range of birds, wild animals and plants and these could occur in both urban and rural locations, including sites which have not been statutorily designated for their nature conservation interest.
3.51 In most cases it will be possible to safeguard protected species within a development, perhaps through the retention of existing landscape features in accordance with Policy EN 14, or through careful phasing of any construction works. In other cases relocation of the species may be possible under a Section 106 Planning obligation. The aim in all cases is to maintain at least the current levels of population.
3.52 Where the Council is aware that a specially protected species may be affected by a proposal, the advice of English Nature will be sought to determine the most appropriate approach towards species protection.
POLICY EN12 - REGIONALLY IMPORTANT GEOLOGICAL SITES
PROPOSALS WHICH WOULD PRECLUDE OR REDUCE THE POTENTIAL OF REGIONALLY IMPORTANT GEOLOGICAL SITES AS AN EDUCATIONAL RESOURCE WILL NOT BE PERMITTED UNLESS NO SUITABLE ALTERNATIVE SITE EXISTS.
Justification
3.53 Regionally Important Geological sites have been identified by a local RIGS group as recommended by English Nature. These are shown on the Proposals Map and are listed in Appendix 5. As well as being of nature conservation interest these sites are worthy of protection for their educational, research, historical or aesthetic importance.
3.54 The sites identified permit a full study and understanding of the underlying geology and geographical processes which have shaped the area. The Yorkshire Wolds are the most northerly chalk outcrop in the British Isles and as such the importance of the limited number of RIGS within the Borough should not be underestimated.
PROPOSALS WILL NOT BE PERMITTED WHERE THEY WOULD ADVERSELY AFFECT THE SITE OR SETTING OF NATIONALLY IMPORTANT ARCHAEOLOGICAL REMAINS WHETHER OR NOT THEY ARE A SCHEDULED ANCIENT MONUMENT.
ON SITES WHICH ARE OF LOCAL ARCHAEOLOGICAL SIGNIFICANCE, PROPOSALS WILL ONLY BE PERMITTED WHERE FULL PROVISION HAS BEEN MADE FOR THE PROTECTION, OR WHERE THIS IS NOT PRACTICABLE OR JUSTIFIED, THE PROPER INVESTIGATION AND RECORDING OF THE SITE.
SUFFICIENT DETAILS WILL BE REQUIRED, INCLUDING WHERE NECESSARY THE RESULTS OF FIELD EVALUATION, TO ENABLE SUCH AN ASSESSMENT TO BE MADE.
Justification
3.55 The Borough is rich in archaeological remains indicating past settlement, land use, farming and burial activities. This is a valuable, but vulnerable resource which is part of the wider historic environment and should be managed for its contribution to the landscape, education, leisure and tourism. Archaeological sites are sometimes visible as upstanding remains, but are often buried. Information about many sites is limited because of their below-ground nature.
3.56 The County Council maintains and continually updates a Sites and Monuments Record (SMR) of the known archaeological finds and sites throughout the County. There are currently over 4800 sites recorded within East Yorkshire Borough, ranging from chance findspots of artifacts, earthwork sites and standing structures to buried sites visible only as cropmarks from the air.
3.57 The great majority of these sites do not have any formal protection, although many features within the Borough are of national significance and are afforded statutory protection as Scheduled Monuments under the Ancient Monuments and Archaeological Areas Act 1979. The aim will be to preserve these features in situ and proposals likely to affect their preservation will only be permitted where there is an overriding need for the development in the public interest. In addition to any planning permission which may be required, any works affecting a Scheduled Monument require the express consent of the Secretary of State for National Heritage.
3.58 In preparing proposals for development, developers are encouraged to discuss with the Local Planning Authority the likely existence of archaeological remains in order to identify the potential implications at an early stage.
3.59 Advice on the handling of archaeological matters in the planning process is given in PPG16 - "Archaeology and Planning". Within areas of known or presumed archaeological interest, the Local Planning Authority will require developers to supply sufficient information, such as the results of a field evaluation, to allow an assessment of the effect of their development upon archaeological remains. The provision of such information will benefit developers who will need to know the physical and financial constraints affecting sites and will enable an informed planning decision to be taken on the individual merits of each case to reconcile the needs of the development with the archaeological interest.
3.60 The Borough Council considers that the preservation of remains in situ is preferable to their destruction and in granting consent will seek to ensure where possible that remains are not disturbed. This may be achieved by modification of the design of foundations or site layout. Where the destruction or damage of archaeological remains is unavoidable, planning conditions will be used to prohibit development until the applicant has secured the implementation of a programme of archaeological work to be approved by the Local Planning Authority. Where development is compatible with the archaeological significance of the site, the Council will encourage and support the provision of interpretative facilities.
3.61 The Proposals Map indicates only those Scheduled sites known at the time of plan preparation. To assist comprehension, Policy EN13 will apply to all Scheduled Ancient Monuments whether or not depicted on the Proposals Map and all archaeological sites listed in the County Sites and Monuments Record.
POLICY EN14 - LANDSCAPE FEATURES
EXISTING LANDSCAPE FEATURES WHICH MAKE A POSITIVE CONTRIBUTION TO THE ENVIRONMENT WILL BE SAFEGUARDED.
Justification
3.62 Open spaces and landscape features between and around buildings are of equal significance to the character and appearance of the environment as is built development. The features which contribute to the existing character of an area, whether man-made or natural should not be needlessly lost. In many instances they may assume a greater significance as a result of development, for instance, the brick walling of a part demolished building may, in subsequent redevelopment proposals, be appropriately incorporated as boundary treatment to garden areas or car parking. In some cases development may enable the nature conservation interest of particular sites to be fully appreciated. The retention of features such as ponds and hedgerows can help to assimilate development into the landscape and they can become a feature in their own right, particularly if they are supplemented by additional landscaping as part of the development
3.63 Although tree cover within the Borough is limited this only serves to increase the significance of existing trees in the open landscape and within the built environment. Many trees are afforded the protection of Tree Preservation Orders or are situated within Conservation Areas. However, these trees are in a minority and there are many more where either their special significance has yet to be formally recognised or where their inclusion within a Preservation Order would not be practicable.
3.64 In encouraging the retention of existing features account will be taken of any operational constants they may impose upon development. Where new development is permitted the aim will be to result in a benefit in environmental and landscape terms.
POLICY EN15 - MINERAL CONSULTATION ZONES
PROPOSALS WITHIN THE DEFINED MINERAL CONSULTATION ZONES (OTHER THAN THOSE RELATED TO THE WORKING OF MINERALS) WILL BE PERMITTED WHERE THEY WILL NOT CONSTRAIN THE FUTURE EXPLOITATION OF THE MINERAL RESERVE OR CONFLICT WITH OTHER RELEVANT PLAN POLICIES.
Justification
3.65 The County Council are the Minerals Planning Authority and have a responsibility to prepare a Minerals Local Plan. Consultation procedures exist to ensure that District Planning Authorities do not unduly sterilise important mineral resources by permitting alternative surface development. Mineral Consultation Areas are shown on the Proposals Map, and development proposed within these areas will be referred to the Minerals Planning Authority whose observations concerning the need to safeguard mineral deposits in the area will be taken into account in determining any planning application.
3.66 The National Rivers Authority (NRA) has statutory responsibility for the protection of water resources from over abstraction and pollution, flood defence, fisheries, recreation, conservation and navigation. This responsibility extends to the sea, rivers, streams and underground waters.
3.67 The responsibilities of the NRA are quite different from those of the Planning Authority, but Local Plan policies which are compatible with the aims and objectives of the NRA will greatly assist in the protection and improvement of the water environment.
3.68 Yorkshire Water Services (YWS) has statutory responsibilities for water supply, sewerage and sewage treatment. Water supplies can be provided to all allocated sites but in some instances may require mains extensions or additional works at the developer's expense. YWS have indicated that sewage treatment capacity will need improvement in particular settlements and this may necessitate the use of planning conditions to restrict occupancy until such improvements are made. Alternatively YWS will always consider with developers whether alternative arrangements will secure earlier completion of capacity provision. Major constraints are outlined in Part II of the Plan but developers must seek more detailed advice from YWS and NRA at an early stage in the development process.
POLICY EN16 - FOUL AND SURFACE WATER DISPOSAL
DEVELOPMENT PROPOSALS WILL ONLY BE PERMITTED WHERE THEY MAKE ADEQUATE PROVISION FOR FOUL AND SURFACE WATER DISPOSAL AND WHEREVER PRACTICABLE DEVELOPMENT WILL BE REQUIRED TO CONNECT TO A PUBLIC SEWERAGE SYSTEM.
WHERE THIS IS NOT PRACTICABLE, PROPOSALS PROVIDING ADEQUATE CAPACITY FOR DRAINAGE BY OTHER MEANS WILL BE PERMITTED IN THE FOLLOWING CIRCUMSTANCES:
1. SEPTIC TANKS AND SOAKAWAYS WILL ONLY BE APPROVED WHERE GROUND CONDITIONS ARE SATISFACTORY AND THE PLOT IS OF SUFFICIENT SIZE TO PROVIDE AN ADEQUATE SUBSOIL DRAINAGE SYSTEM.
IN ADDITION:
2. PRIVATE PACKAGE SEWAGE TREATMENT PLANTS OR CESSPOOLS WILL ONLY BE APPROVED WHERE THERE IS ADEQUATE ACCESS FOR MAINTENANCE WITHOUT CAUSING HARM TO THE AMENITY OF ADJACENT RESIDENTIAL PROPERTY.
Justification
3.69 The control of pollution is outside the scope of the planning system, but draft national planning guidance advises that it is essential that in evaluating development proposals, the risk of pollution is taken into account and minimised wherever practicable. The Council will be guided by the Environment Agency and Yorkshire Water in making this evaluation.
3.70 Where public facilities exist, Yorkshire Water have an obligation to maintain and improve their system as soon as practicable to keep pace with development, and they have made a commitment that this will normally be within Five years of the grant of planning permission. It is therefore appropriate that new development should be encouraged to connect to this system.
3.71 Although there are alternative means of sewage treatment and surface water drainage these can themselves give rise to problems in addition to an increased risk of pollution. The proliferation of septic tanks, private systems and cess pools all require regular maintenance. Similarly, increased surface water runoff can lead to pollution, sift deposition and adverse effects on sensitive ecological habitats and river channel stability. Whichever method is the most practicable, formal consent will be needed from the Environment Agency prior to any discharge of sewage or trade effluent.
WHERE PROPOSALS WOULD MATERIALLY IMPEDE THE FLOW OF FLOOD WATER , OR INCREASE TH E RISK OF FLOODING ELSEWHERE, OR INCREASE THE NUMBER OF PROPERTIES OR PEOPLE AT RISK, THEY WILL ONLY BE PERMITTED WHERE PROTECTION MEASURES, WHICH ARE ACCEPTABLE IN TERMS OF OTHER PLAN POLICIES, WILL CONTAIN THE FLOOD RISK.
Justification
3.72 The hard surfaces of new development reduce the ability of the ground to absorb rainfall and as a result can lead to increases in the quantity of, and rate at which, run-off reaches watercourses. This may exceed the capacity of the watercourse, possibly at some distance from the development. which could threaten the safety and security of people and property and lead to an increased risk of pollution. The importance of considering the risk of flooding is emphasised in the DoE Circular 30/92 - "Development and Flood Risk".
3.73 The Water Resources Act 1991 requires the NRA to undertake surveys to identify' Flood Risk' areas. This information is available for East Yorkshire and indicates the main areas of risk as being in proximity to the River Derwent and River Hull. Detailed plans identifying flood risk areas are held by the Council and will be referred to in considering potential development schemes.
3.74 The Council will be guided by the Environment Agency, in evaluating the nature of any flood risk and the adequacy of any works, proposed to contain the risk. Where it is demonstrated that these works will contain the risk, they will be required to be provided at the expense of the developer and their long term maintenance and renewal will be secured through Legal Agreement.
3.75 Policies CZ2 and CZ3 provide detailed guidance for the consideration of coastal defence proposals.
POLICY EN18 - GROUND WATER PROTECTION
DEVELOPMENT WILL ONLY BE PERMITTED WHERE IT IS DEMONSTRATED THAT THERE WILL BE NO UNACCEPTABLE RISK OF POLLUTION TO GROUND-WATER RESOURCES.
Justification
3.76 Contaminated water can threaten lives, businesses and wildlife habitats and in some circumstances may be expensive or impossible to clean up. It is therefore essential that existing supplies, particularly underground aquifers are protected from the risk of pollution.
3.77 There are particular parts of the Borough which require specific groundwater protection measures. Wherever possible these are identified in Part II of the plan, but more detailed advice is available form the Environment Agency, through its document' Policy and Practice for the Protection of Groundwater', whose prior formal consent will be required for any discharge of sewage or trade effluent. Where works are required they should be provided at the developer's expense and their long term maintenance and renewal will be secured through Legal Agreement.
CONSERVATION AREAS AND LISTED BUILDINGS
3.78 Conservation of the Borough's built and natural heritage is a fundamental element in achieving the Borough Councils mission statement. Policies for nature conservation, Areas of Landscape and Habitat Protection, and the protection of the water environment recognise that this can only be achieved through a framework which is clear in its intent, but flexible enough to respond to new opportunities. Policies for conservation of the built environment require that same balance.
3.79 26 Conservation Areas have been designated throughout the Borough because of their special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. These are shown on the Proposals Map. Within and adjoining these areas the prime consideration in determining planning applications will be the effect on the character and appearance of the area. PPGl5 - "Historic Buildings and Conservation Areas", is still in draft form but this sets out the approach which the Government wishes to be taken in preparing and considering development proposals.
3.80 This draft guidance is also relevant to the consideration of proposals affecting Listed Buildings of which there are currently over 750 in the Borough. These are examples of the nation's finest buildings and often make an important contribution to the character of the Conservation Areas. The listing of buildings of special architectural or historic importance is the responsibility of the Department of National Heritage. Listed Buildings are not shown on the Proposals Map but a schedule of Listed Buildings is available for inspection through the Local Planning Authority.
POLICY EN19 - CONSERVATION AREAS
PROPOSALS, INCLUDING DEMOLITION, WITHIN CONSERVATION AREAS WILL ONLY BE PERMITTED WHERE THEY WILL PRESERVE OR ENHANCE THE CHARACTER AND APPEARANCE OF THE AREA. SUFFICIENT DETAILS WILL BE REQUIRED TO ENABLE SUCH AN ASSESSMENT TO BE MADE.
EXCEPT IN THE CASE OF BUILDINGS WHICH PRESENTLY DETRACT FROM THE CHARACTER OR APPEARANCE OF A CONSERVATION AREA, CONDITIONS WILL BE USED TO PREVENT DEMOLITION WORKS PRIOR TO THE APPROVAL OF, AND LETTING OF CONTRACTS FOR, THE REDEVELOPMENT PROPOSALS.
Justification
3.81 The Borough Council has a duty to protect and enhance the Conservation Areas within the Borough. This will be achieved through the preparation of enhancement schemes and through decisions on planning applications.
3.82 Where demolition is proposed this will inevitably affect the quality and value of the area in terms of its heritage. Demolition can lead to unsightly gaps within which subsequent redevelopment may be difficult. However, in some circumstances, properties may become incapable of beneficial use and demolition is the only viable alternative. Where this is the case, the Borough Council will need to ensure that proposals for redevelopment will proceed and that they will enhance the area.
3.83 It is particularly important that new development does not detract from the specific character of each Conservation Area. To effectively assess the impact and to ensure a scheme is well designed and blends in well with its surroundings, detailed drawings showing the proposals clearly will normally be requested as part of the planning application. These should demonstrate that the proposal will be sympathetic in design, scale, layout and materials to the setting of existing buildings, open spaces and trees.
3.84 Cumulative small scale alterations carried out as permitted development can gradually erode the special character of a Conservation Area. Where it is considered that there is a threat to the character of a specific Conservation Area then the Council may, with the agreement of the Secretary of State, make an Article 4 Direction under the Town and Country Planning General Development Order 1988 (as Amended) to withdraw permitted development rights.
3.85 Proposals for advertisements within Conservation Areas or on Listed Buildings will be subject to consideration under Policy EN21 .
POLICY EN20 - LISTED BUILDINGS
PROPOSALS AFFECTING LISTED BUILDINGS WILL ONLY BE PERMITTED WHERE THE CHARACTER, APPEARANCE AND SETTING OF THE BUILDING AND ITS CURTILAGE WILL BE RETAINED.
SUFFICIENT DETAILS WILL BE REQUIRED TO ENABLE SUCH AN ASSESSMENT TO BE MADE.
PROPOSALS FOR ALTERATIONS AND EXTENSIONS WILL ONLY BE PERMITTED WHERE THEY CAN BE ACCOMMODATED WITHOUT THE LOSS OF THE SPECIAL INTEREST OF THE BUILDING.
PROPOSALS FOR DEMOLITION WILL ONLY BE PERMITTED WHERE THERE IS NO PROSPECT OF ECONOMIC USE.
Justification
3.86 Listed Buildings are a finite resource of significant national importance in the rural and built environment. To ensure their future, they need to be preserved and protected from insensitive alterations, extensions or development, and from the loss of specific qualities which contribute to their architectural and historic character.
3.87 Any proposals involving demolition works must be supported with specific evidence justifying the need for irreversible action. A high standard of drawings and detailed information will normally be required to assess effectively the impact of any Listed Building Consent or planning permission for development which would affect the setting of a Listed Building and this will normally include details of the proposed design, scale, layout and materials. Details of a buildings interior may be required where proposals will affect an intrinsic part of the fabric of a Listed Building.
3.88 Although Listed Buildings should wherever possible retain the function for which they were originally designed this is not always possible and new uses may need to be considered to help secure a building's future.
3.89 Proposals for advertisements on Listed Buildings will be subject to consideration under Policy EN2l.
CONSENT FOR THE DISPLAY OF ADVERTISEMENTS WILL BE ISSUED WHERE IN TERMS OF THEIR SI2E, DESIGN, SITING, COLOUR AND ILLUMINATION, THEY WOULD NOT:
1. HARM THE VISUAL CHARACTER OF THE SURROUNDING AREA; AND
2. DETRACT FROM THE AMENITY OF RESIDENTIAL OCCUPIERS; OR
3. GIVE RISE TO PROBLEMS OF HIGHWAY SAFETY.
PROPOSALS FOR ADVERTISEMENTS IN CONSERVATION AREAS OR AFFECTING LISTED BUILDINGS SHOULD ALSO SATISFY POLICIES ENl9 AND EN2O.
Justification
3.90 Advertisements when well designed and in the right location can add to the visual interest of an area. There is a need, however, to avoid the undue clutter which can result from a plethora of signs, and to limit the strident visual effects of illuminated signs.
3.91 Large parts of the Borough consist of open countryside or residential areas where uncontrolled advertising could seriously harm the visual character of the area and affect residential amenity. Proposals affecting Listed Buildings or within Conservation Areas require special consideration if the historic character of these features is to be retained. In such cases the use of traditional materials and styles such as individual painted designs on a wooden fascia is often an appropriate approach. Strident and internally illuminated signage should be avoided.
3.92 Not all advertisements require express consent. However, Policy EN21 is intended to provide guidance on the standards the Council wishes to encourage in the display of all advertisements. Where an advertisement displayed without the need for express consent is causing a substantial injury to the amenity of the locality or a danger to members of the public, discontinuance action may be taken to secure its removal.
AGRICULTURE AND THE ENVIRONMENT
3.93 In East Yorkshire, the high quality and character of the landscape owes much to the management of the agricultural economy. Most farming practices are largely beyond the scope of planning powers, but the Plan will still have an important influence in shaping the future of the agricultural economy.
3.94 Environmental objectives state the Borough Council's commitment to the protection of the landscape which will rely heavily upon the viability of agricultural practices. Accordingly, development limits have been defined where they will help to minimise the loss of the "best and most versatile" agricultural land. Where exceptions are justified, other Plan policies will ensure that development is compatible with its rural setting and will not give rise to conflict with agricultural activities. Further policies reflect the national guidance in PPG7 - "The Countryside and The Rural Economy", that diversity in the rural economy is essential. They are specifically designed to enable diversification, particularly through the conversion of farm buildings to new uses. These are set out in subsequent sections of the Plan.
3.95 Where the planning system has a direct influence on agricultural activities is through the consideration of planning applications for new agricultural buildings and structures. Where applications are to be determined against these policies the Local Planning Authority will be mindful that the most effective means of protecting and enhancing the quality of the countryside is through support of the rural economy.
POLICY EN22 - AGRICULTURAL DEVELOPMENT
WHERE PLANNING PERMISSION OR PRIOR APPROVAL FOR AGRICULTURAL DEVELOPMENT IS REQUIRED (EXCEPT INTENSIVE LIVESTOCK UNITS) PROPOSALS WILL BE APPROVED WHERE:
1. THEY ARE REASONABLY NECESSARY FOR AGRICULTURAL PURPOSES WITHIN THE UNIT; AND
2. IN TERMS OF SITING, LANDSCAPING, DESIGN AND COLOUR THEY WILL NOT DETRACT FROM THE CHARACTER OF THE AREA AND CAN BE ASSIMILATED INTO THE LANDSCAPE; AND
3. THEY ARE ACCEPTABLE IN TERMS OF POLICES FOR NATURE CONSERVATION.
Justification
3.96 The Town and Country Planning General Development Order 1988 (as amended) grants consent for the principle of a wider range of agricultural development but in certain circumstances, developers must give prior notification to the Local Planning Authority, providing information about the proposed development. Where proposals are, in the opinion of the Local Planning Authority, likely to have a significant impact on their surroundings, planning permission will be required for important aspects of the development. Proposals not permitted by the Order will require planning permission in the usual way.
3.97 The primary concern will relate to matters of siting and appearance, the aim being to minimise the degree of intrusion into the landscape. Nature conservation interests will be an important consideration and, wherever practicable, proposals should avoid the risk of harm to these interests from the physical development itself and from the risk of pollution. However, it is recognised that in some instances development will be incapable of proceeding without resulting in some damage or increased risk and in these circumstances the Borough Council will be mindful that conservation of the countryside generally relies heavily upon the efficient functioning of the agricultural economy.
POLICY EN23 - INTENSIVE LIVESTOCK UNITS
PROPOSALS FOR NEW INTENSIVE LIVESTOCK UNITS AND ASSOCIATED STRUCTURES WILL ONLY BE PERMITTED WHERE THE UNIT ITSELF AND LAND TO BE USED FOR THE STORAGE AND SPREADING OF MANURE, ARE SITED SO AS TO MINIMISE THE RISK OF; NUISANCE COMPLAINTS, POLLUTION OF GROUND AND SURFACE WATER RESOURCES, OR HARM TO SITES OF NATURE CONSERVATION IMPORTANCE.
PROPOSALS WILL NOT BE PERMITTED WITHIN 800 METRES OF A TOWN OR SELECTED SETTLEMENT OR WITHIN 400 METRES OF OTHER VILLAGES OR AREAS OF SUBSTANTIAL OCCUPIED DEVELOPMENT. WHERE THE SITING IS ACCEPTABLE WITHIN THESE TERMS PROPOSALS WILL BE PERMITTED PROVIDED THAT:-
1. LIVESTOCK WILL BE HOUSED WITHIN BUILDINGS DESIGNED FOR THAT PURPOSE; AND
2. TOGETHER WITH EXISTING UNITS THE CUMULATIVE EFFECTS WOULD NOT HARM RESIDENTIAL AMENITY IN NEARBY SETTLEMENTS OR UNREASONABLY CONSTRAIN THE EXPANSION OF A SELECTED SETTLEMENT; AND
3. THEY WILL BE DESIGNED AND LANDSCAPED TO BE ASSIMILATED INTO THEIR SURROUNDINGS.
Justification
3.98 In order to minimise the potential for nuisance complaints it is appropriate to define a protective distance to be kept between new units, including land proposed for manure spreading, and existing and proposed occupied property. The risk of nuisance is further reduced where the buildings proposed to be used are suitably designed and make adequate provision for the storage of manure to prevent pollution occurring and to avoid the need for spreading in adverse conditions.
3.99 To assist interpretation of the Policy the Borough Council has approved Supplementary Planning Guidance which is largely based upon the 1992 Intensive Livestock Units Local Plan.
3.100 The risk of pollution is a major consideration particularly where proposals could affect groundwater resources or the Areas of Habitat Protection associated with the River Derwent and River Hull Headwaters. The Environment Agency and English Nature will advise on the necessary protection of nature conservation sites and additionally the NRA can advise on recommended aquifer protection zones.
3.101 As with all development it is important that proposals reflect their rural setting and this will be of particular concern where development is proposed in the defined Area of Landscape Protection.
3.102 The principle of minimising the incidence of nuisance complaints will extend to the consideration of how the cumulative effects of new development and existing units will affect the amenity enjoyed by local residents and occupiers of buildings on industrial estates which, within East Yorkshire, are largely situated within or adjacent to open countryside. This consideration will take into account the likelihood of problems occurring by way of traffic, noise. odours, air or water pollution and visual intrusion.
POLICY EN24 - IMPROVEMENTS TO INTENSIVE LIVESTOCK UNITS
AS AN EXCEPTION TO POLICY EN23, PROPOSALS FOR THE EXPANSION OR IMPROVEMENT OF AN EXISTING INTENSIVE LIVESTOCK UNIT WILL BE PERMITTED PROVIDED THAT THEY WILL RESOLVE AN EXISTING UNSATISFACTORY SITUATION OR WILL NOT OTHERWISE HARM LOCAL AMENITY OR SITES OF NATURE CONSERVATION IMPORTANCE.
Justification
3.103 Many of the older intensive livestock units are situated within or immediately adjoining some of the Borough's settlements and would not be likely to receive approval today. Some of these units do cause problems which could be overcome through expansion or improvement. Impending animal welfare legislation is also likely to give rise to the need for improvements but these will relate to the design and operation of the unit itself and may not necessarily improve local amenity.
3.104 Whilst it is important to realise opportunities for making improvements to units which are poorly sited, such improvements will inevitably prolong the life of the unit. It will therefore be a matter for the Council to decide where the siting of a unit is so detrimental that even subsequent to improvement, an unsatisfactory situation will exist.
3.105 Global climatic changes are pointing to the need for increased awareness of environmental issues and greater efficiency in the use of non-renewable resources. Development plans have an important part to play in meeting the Government's objective of reducing emissions of harmful gases, particularly those from the use of transport. Specifically, land allocations in East Yorkshire and the Transport and Movement Policies in the Plan reflect national guidance expressed in PGl3 - "Transport".
3.106 The intention is to produce more efficient patterns of development and provide opportunities for the use of alternative means of transport. However, in a rural landscape with many small settlements a balance has to be struck between the concentration of major development in the urban areas and the need to provide support for the retention of services used by the rural communities. Transport Policies deal specifically with measures intended to reduce the impact of the car on the environment and require developers to consider how other forms of transport can be accommodated.
3.107 The consideration of development proposals, particularly for large scale development, will allow opportunities to examine other means of conserving energy, perhaps through the layout of residential estates or the orientation of buildings. Such matters are most appropriately addressed by the developer in response to market pressure and other incentive mechanisms rather than through a blanket planning policy. The Building Regulations also specify standards relating to the energy efficiency of buildings.
3.108 Perhaps the most effective means by which East Yorkshire can assist in reducing greenhouse gas emissions is through its potential to accommodate proposals for renewable energy installations, PPG22 - "Renewable: Energy" sets out the Government's intention to foster such initiatives. High mean wind speeds along the coast indicate the potential for wind turbine power generation. Policy CZ8 recognises the potential for such development along the Holderness Coastal Plain and provides guidance to safeguard the character of this location.
3.109 Elsewhere, the agricultural nature of the Borough may help to support bio-mass combustion.
POLICY EN25 - RENEWABLE ENERGY
PROPOSALS FOR RENEWABLE ENERGY GENERATORS AND ANCILLARY INFRASTRUCTURE WILL BE PERMITTED PROVIDING THAT THEY WILL NOT UNDULY HARM THE APPEARANCE OF THE LANDS CAPE, NATURE CONSERVATION INTERESTS, RESIDENTIAL AMENITY OR SITES OF ARCHAEOLOGICAL INTEREST.
TO ENABLE SUCH AN ASSESSMENT TO BE MADE AND TO CONSIDER APPROPRIATE SITING, COMMERCIAL WIND ENERGY PROJECTS SHOULD PROVIDE SUFFICIENT DETAILS OF:
1. LANDSCAPE AND NATURE CONSERVATION IMPACT OF THE PROPOSALS; AND
2. WIND CHARACTERISTICS ON THE SITE AND IMMEDIATE SURROUNDING AREA; AND
2. ANTICIPATED NOISE PROFILE; AND
4. DETAILED RESTORATION PROPOSALS.
PROPOSALS WITHIN THE COASTAL ZONE WILL BE SUBJECT TO POLICY CZ8.
Justification
3.110 The Borough has potential to contribute to the Government's commitment to the Non-Fossil Fuel Obligation,as set out in PPG22 - "Renewable Energy", particularly through the exploitation of wind energy but also by other means such as bio-mass combustion. The Borough Council has a duty to consider the impact of renewable energy projects on the local environment and would wish to be consulted at the early stages of development proposals.
3.111 Wind energy installations are most likely to require prominent locations where they will benefit from high mean wind speeds. In East Yorkshire Borough, the most likely locations will probably be in areas of high environmental and landscape quality such as on the Wolds or the Coast. Proposals within the Wolds Area of Landscape Protection will need to be assessed against Policy EN3 and proposals of a commercial scale or nature are unlikely to be acceptable. On the Coast, Policy CZ8 recognises the suitability of the Holderness Plain but proposals elsewhere within the zone will only be acceptable where they are of a domestic size and scale. In considering proposals for commercial wind energy projects producing electricity to be fed into the National Grid, the Borough Council will have regard to the size and scale of development and ancillary infrastructure, proximity to existing development, visual and physical impact on the environment, the effect on nature conservation interests, and proposals for site restoration following decommissioning. There is evidence of direct and indirect impacts on habitats and species; of particular concern is the impact on birds due to increased mortality from birdstrike, loss of habitat and reduced breeding success.
3.112 Wind farms are likely to have a dominant effect on the landscape and can become a feature of interest in their own right. Where this is the case, additional matters will need to be considered such as the capacity of the highway network and surrounding landscape to absorb potential visitors.
3.113 In particularly sensitive locations such as the Heritage Coast or Sites of Special Scientific Interest (or within 2 km of such sites) proposals which could give rise to significant effects will be required to be supported by an Environmental Assessment under the EC Directive 85/337. An assessment may also be required where proposals consist of more than 10 wind generators. DoE Circular 1 S/88 - "Environmental Assessment", provides further information concerning the content of Assessments.
3.114 Proposals for individual wind power generators designed to serve a single farm holding or small group of buildings are less likely to have such a marked impact on the landscape, particularly where they are sited to relate to existing buildings.
POLICY EN26 – TELECOMMUNICATIONS
PROPOSALS FOR TELECOMMUNICATIONS DEVELOPMENT WILL BE PERMITTED WHERE:
1. THERE IS NO REASONABLE POSSIBILITY OF SHARING EXISTING FACILITIES; AND
2. SUBJECT TO TECHNICAL AND OPERATIONAL CONSTRAINTS THEY WILL NOT SERIOUSLY UNDERMINE POLICIES FOR THE PROTECTION OF THE OPEN COUNTRYSIDE GENERALLY, THE AREAS OF LANDSCAPE OR HABITAT PROTECTION, OR THE HERITAGE COAST.
Justification
3.115 Telecommunications are an essential feature of modern day life and can help to attract business into an area. The Government's Policy as set out in PPGB - "Telecommunications", is to facilitate the growth of new and existing systems where this is compatible with the objective of protecting sensitive locations such as Heritage Coasts, and areas or buildings of architectural or historic importance. Other areas such as those of landscape importance also pose a challenge to the need to accommodate modem telecommunications.
3.116 Together with other Environment Policies, Policy EN26 will ensure that the needs of telecommunications operators can be met without unnecessary harm to the environment.