8. Protecting and Improving Our Environment
Policy Background
8.1 Protecting and improving our environment has, in the widest sense, always been a central aim of the planning process. It is a key element of the land use strategy for the District. Broadly, this chapter of the Plan can be divided into four themes:
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Government Guidance
8.2 Over and above the general principle of sustainable development which underpins Government Guidance, advice on specific issues covered by this chapter can be found in a range of PPGs including: PPG7 The Countryside - Environment Quality and Economic and Social Development (February 1997).
Regional Planning Guidance RPG 6 (November 2000)
8.3 Whilst promoting a sustainable vision for the region which promotes economic opportunities the RPG also wants to ensure that natural resources are conserved. It encourages development plans to protect and enhance the environment through the quality of design, the conservation of important features and enhancement of biodiversity.
Suffolk Structure Plan (June 2001)
8.4 One of the strategic aims of the Structure Plan is to sustain and enhance the built and the natural environment. This aim is reflected in a wide range of policies which seek to conserve designated landscapes, protect wildlife sites, protect the built heritage and also promote energy conservation and renewable energy.
Local Circumstances
8.5 The Council is actively involved in a number of projects, schemes and partnerships to protect and improve our natural and built environment, examples include:
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1. Safeguarding and improving the natural environment 2.
Safeguarding and improving the built environment and historic features
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Policies and Proposals
Suffolk Coast & Heaths Area of Outstanding Natural Beauty (AONB) and Heritage Coast
8.6 Areas of Outstanding Natural Beauty (AONBs) were designated by the predecessor to the Countryside Agency in order to protect areas valued for their landscape quality and natural beauty. The emphasis is on conserving and enhancing the natural beauty within AONB’s, whilst recognising that they also encompass thriving communities and businesses and are valued for their recreational opportunities. The Suffolk Coast and Heaths AONB covers the coastal strip from the Hundred River, south of Kessingland, to Felixstowe in Suffolk Coastal District and also includes the coastal stretches of the Shotley peninsula in Babergh District. Within Waveney, the AONB extends inland to Mutford, Wrentham and Wangford. A stretch of Heritage Coast also lies within Waveney, falling entirely within the AONB. The aim of the Heritage Coast designation is to promote the enjoyment of the area whilst protecting its natural beauty and improving the quality of inshore waters and beaches.
8.7 Local Authorities have a statutory duty under the Countryside and Rights of Way (CROW) Act 2000 to have due regard to conserve and enhance the natural beauty of the AONB when carrying out their functions. The planning function is clearly one where the actions of the Council can have a considerable impact on the landscape of the Area. The CROW Act also places a duty on Local Authorities to produce and publish a management strategy for AONBs, acting jointly with other authorities where appropriate. Within the Suffolk Coast and Heaths area, this task has been undertaken by the Suffolk Coast and Heaths Partnership. The Council will take into account the contents of the Suffolk Coast and Heaths Management Strategy and resist development which would conflict with its aims and objectives. Consideration will also be given to the Landscape Character Guidelines, for particular types of landscape, produced by the Suffolk Coast and Heaths Unit.
8.8 Generally major development will be resisted within the AONB and Heritage Coast unless it can be clearly demonstrated that there is an overriding national need for the development and that there are no suitable alternative locations. Where development occurs because of an overriding national need the Council will expect the removal of the development and the restoration of the site, should that use later become redundant. Development situated outside the AONB can have a significant impact on the landscape and natural beauty of the Area. As such proposals for development in these locations will be treated as though they fall within the AONB boundary.
Within the Suffolk Coast and Heaths Area of Outstanding Natural Beauty, including the Heritage Coast, development which does not conserve or enhance the natural beauty of the Area will not be permitted unless it is demonstrated that there is an overriding national need for the development and no alternative site can be found. Where development proceeds because of an overriding national requirement, removal and restoration of the site will be required in the event of redundancy.
On the same basis the Council will also not permit development on land outside the Suffolk Coast and Heaths which would result in material harm to the Area or its setting.
Land adjacent to the Suffolk Coast and Heaths, Kessingland
8.9 Between Kessingland and the Suffolk Coast and Heaths boundary, at the Hundred River, the land slopes southwards making any development south of Church Road and Whites Lane particularly prominent. This area would generally fall within the remit of the above policy. It is an area of a similar character and landscape and consequently it is considered important to define a specific area to which the policy should apply. In order to protect the AONB and its setting, intrusive development will be resisted.
On land between Church Road and Whites Lane, Kessingland, and the Suffolk Coast and Heaths Area of Outstanding Natural Beauty boundary, development which does not conserve or enhance the natural beauty of the AONB will not be permitted unless it is demonstrated that there is an overriding national need for the development and no alternative site can be found.
Special Landscape Areas
8.10 A number of areas within Waveney are recognised for their local landscape importance. These have been designated as Special Landscape Areas (SLA). The criteria for designating SLAs include river valleys, historic parks and gardens and other areas where topography and natural vegetation combine to produce a special quality (ref. Suffolk Structure Plan Policy ENV8). Within Waveney the SLA covers three main areas:
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8.11 The Council wishes to see the special character of these areas conserved and enhanced. Consideration will also be given to the sensitivity of areas adjacent to SLAs which often contribute to their setting and designation.
8.12 Along the Waveney Valley from Bungay to Homersfield, the District Council actively supports the work of the Upper Waveney Valley Countryside Project to enhance the Area’s landscape and biodiversity and improve both public awareness and understanding of the area and facilitate access for sustainable recreation.
Development which would have a material adverse impact on the landscape character and special qualities of the Special Landscape Areas will not be permitted, unless it is demonstrated that there is an overriding need for the development and no alternative site can be found.
The Broads Landscape
8.13 Part of Waveney District, along the floodplain of the River Waveney, at Oulton Broad and within Oulton and Flixton Marshes, falls within the Broads Authority Area. The Broads is recognised as being of national importance for its landscape quality and rich natural and cultural heritage. Much of the Plan area boundary adjoining the Broads is already designated as Special Landscape Area. In places the Broads Area extends into settlements including Northgate and Ballygate, Beccles, Bridge Street, Bungay and around Oulton Broad.
8.14 The Broads Authority is a planning authority in its own right and, consequently, a separate Local Plan exists for the Broads Area. However it is possible that development within the Waveney Local Plan area could have a negative impact on the Broads Area, particularly in terms of landscape and visual intrusion.
Development will not be permitted where it would have a material adverse impact on the Broads Landscape unless it is demonstrated that there is an overriding national need for the development and no alternative site can be found.
8.15 The Council recognises that outside designated areas of high landscape quality it is still important to conserve and enhance the landscape through sensitive design, layout and landscaping of development. When resources permit the Council intends to undertake a landscape character assessment of the District in order to provide further guidance on the appropriateness or otherwise of particular developments. Such an assessment would break down the broad landscape types contained in English Nature/Countryside Agency Natural Areas (1996) map and provide more local guidance.
Strategic Gaps and Open Breaks
8.16 There are a number of locations throughout the District where important gaps in development exist either within or between settlements. Strategic Gaps are larger tracts of open land between settlements which help prevent their coalescence and retain their separate identities and are identified between Lowestoft and Kessingland, the area north of North Lowestoft/Corton and the border with Great Yarmouth Borough, and between Halesworth and Holton. The Strategic Gaps in Lowestoft have been expanded from the previous Local Plan and now wash over islands in tourism use. Proposals for development in these areas will need to be considered against the specific tourism polices and the overall aim of the strategic gap. Existing planning permissions associated with these tourism uses will be respected, although they will need to be considered against the appropriate planning policies when considering any renewal. Open Breaks are smaller areas within the physical limits of settlements (Policy LP1) which provide ‘green wedges’ within the built up area and are identified at: Lowestoft Road, Carlton Colville; Dip Farm, Gunton; and Ollands Plantation and Meadows, Bungay. Both Strategic Gaps and Open Breaks make an important contribution to the visual amenity and character of the area. Although these areas are not protected by formal landscape designations it will be important to maintain their open nature.
Development will not be permitted where it would prejudice the aims of maintaining the open character of the Strategic Gaps and Open Breaks.
Historic Parks and Gardens
8.17 English Heritage are responsible for compiling and maintaining a register of Parks and Gardens of Historic Interest. Inclusion on the register involves no additional statutory controls, but the historic interest of the park is a material planning consideration. Generally these parks and gardens form an essential part of the setting to important buildings and are significant in their landscape design. Only sites which include historic features dating from before 1939 are registered and graded by English Heritage. Within Waveney three sites are currently included on the register: Somerleyton Park (grade II*), Henham Park (grade II) designed by Humphrey Repton and Belle Vue Park (grade II) in Lowestoft. This was the first free park in Lowestoft laid out in the style of a formal pleasure park. Historic parks and gardens are also identified as special Landscape Areas
Development will not be permitted where it would have a material adverse impact on the historic structure, character or setting of a Park or Garden of Historic Interest. Common Land and Village Greens
8.18 A number of villages and settlements have land set aside as common land or as village greens. These are defined in a statutory register. A number of villages particularly in the west of the District are characterised by open common land interspersed between farms or groups of houses. Preservation of these unique features is seen as essential in preserving the distinctiveness of the District. Certain commons are also recognised for their nature conservation interest as County Wildlife Sites.
Proposals for development which would have an adverse impact on common land or village greens will not be permitted.
Wildlife Conservation
8.19 The Council recognises the value of wildlife sites and species as an important resource for current and future generations. As such the Council will seek to protect both formally recognised, designated sites and also areas of wildlife interest, in order to safeguard valuable habitats and species and to maintain and enhance biodiversity.
International Wildlife Designations
8.20 A number of sites within and adjoining the Waveney Local Plan area are recognised as being of international importance for wildlife conservation. These are covered by three main designations:
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8.21 SPAs and SACs together make up the Natura 2000 network of protected sites which extend across Europe. The Government recognises that many Natura 2000 sites reflect the influence of human activity, both past and present, and that this activity needs to co-exist with wildlife conservation.
Within
Waveney the designated areas are:
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8.22 Not all of the above sites fall within the Waveney Local Plan area, either wholly or even in part. However, given the sensitivity of these sites and their international status, the Council wishes to ensure that development within the Local Plan area does not damage their integrity.
National Wildlife Designations
8.23 There are two types of national wildlife designation within Waveney, Sites of Special Scientific Interest (SSSI) and National Nature Reserves (NNR). The designation of both SSSIs and NNRs is undertaken by English Nature. There is one NNR within the District at Benacre Broad and there are eight SSSIs covering a wide variety of habitats, species and geological features. For the full list of SSSIs see Appendix 4. In addition to specific sites a number of threatened species are also protected under the Wildlife and Countryside Act 1988.
Development will not be permitted where it would, directly or indirectly, have a material adverse impact on a
1. Special Protection Area;
2. Special Area of Conservation;
3. Ramsar Site;
4. National Nature Reserve;
5. Site of Special Scientific Interest;
6. Site proposed for the above designations; or
7. Site supporting species protected under the Wildlife and Countryside Act 1981,
Unless it is demonstrated that there is an overriding national need for the development and no alternative site can be found.
Development on sites containing Natura 2000 priority habitats and/or species will only be permitted where the development is necessary for reasons of human health or public safety.
Where development proceeds because of an overriding national need, significant habitat creation or improved management measures for existing habitats will be required.
Local Wildlife Designations
8.24 Suffolk Wildlife Trust, in conjunction with Suffolk County Council, have identified a substantial number of regionally important wildlife sites within the Plan area, known as County Wildlife Sites. These cover a wide range of habitat types in both urban and rural environments and include roadside nature reserves. County Wildlife Sites contribute to the protection of locally scarce habitats and species as well as to enhancing the general biodiversity of the area. A list of County Wildlife Site and Sites of Ancient Woodlands is included in Appendix 5.
8.25 In addition to County Wildlife Sites local authorities can, in conjunction with English Nature, designate Local Nature Reserves. Local Nature Reserves are designated both for their wildlife conservation potential and also the scope for facilitating public access, enjoyment and education about the sites.
Development which would, directly or indirectly, cause significant damage to a County Wildlife Site or Local Nature Reserve will not be permitted.
8.26 The Council wishes to see the establishment of additional Local Nature Reserves throughout the District. As well as securing the agreement of landowners, part of the process of designating a Local Nature Reserve is the requirement to set out a programme of active management through an agreed plan. The Council will work with landowners and appropriate local organisations to bring forward the designation of Local Nature Reserves as and when resources allow.
Agricultural Land
8.27 One of the overall objectives of this Plan is to reduce the amount of development on greenfield and agricultural land. Agricultural land is graded on a scale of 1 to 5 using the Department of Environment, Farming and Rural Affairs (DEFRA) Agricultural Land Classification, with grade 3 split into 3a and 3b. Government guidance emphasises the protection of the best and most versatile land, defined as grades 1, 2 and 3a, as a valuable national resource. Some uses of land, such as nature conservation projects or low key recreational uses, could be implemented without causing the irreversible loss of high quality agricultural land. Further detail on the use of agricultural land can be found in PPG7.
Development which would result in the irreversible loss of DEFRA Grade 1 and 2 agricultural land will not be permitted.
8.28 Development resulting in the irreversible loss of DEFRA Grade 3a agricultural land will only be permitted where it is demonstrated that no suitable sites are available on previously used ‘brownfield’ land or lower grade agricultural land.
Tree Preservation Orders
8.29 Trees make a valuable contribution to the environmental quality of the District. Their loss can be very noticeable and replanting may only be a partial solution, particularly where wildlife interest is involved. The core development control policies seek to protect existing features, including trees, on sites proposed for development. Additional powers exist for the protection of trees which make an important contribution to local amenity and the local environment. Where these trees are thought to be under threat the Council can impose a Tree Preservation Order.
Development which would result in the loss of a tree/trees protected by a Tree Preservation Order will not be permitted.
The Coastal Zone
8.30 The coastal zone within East Anglia offers places for tourism, wildlife, maritime industry and employment. Where the coastal zone occurs within an urban area there are often competing uses. In Lowestoft, for example, the coastal zone is important for the port, fishing and North Sea related industries, tourism, leisure, residential, general industrial and commercial uses, sewage treatment and waste disposal facilities. All these types of uses are concentrated within a relatively small area.
8.31 The region suffers some of the most dramatic losses of land in the country through coastal erosion and its history has many examples of communities that have been lost to the sea. The 1953 floods are still remembered as an example of the devastating effects of the sea. There is a need to consider the coastal zone, as a whole, from a sustainable development perspective, so that appropriate policies are debated fully with all the bodies and organisations having an interest in the coast. Unfortunately, the timescale for this review has not allowed this more comprehensive approach to take place.
8.32 The division of responsibilities for the coastline are such that the Environment Agency is empowered to carry out viable works to limit the risk of flooding, whilst the maritime District Councils have powers under the Coast Protection Act 1949 to counter the loss of land through coastal erosion.
8.33 The publication in 1992 of PPG20, Coastal Planning, and PPG25, Development & Flood Risk, 2001, has identified the need to bring forward planning policies to deal with the risk of erosion and flooding and their effect on the built environment. Government policy aims to avoid putting further development at risk. In particular, new development should not generally be permitted in areas which would need expensive engineering works either to protect development inland subject to erosion by the sea or to defend land which might be inundated by the sea. “.... In the case of receding cliffs, development should not be allowed to take place in areas where erosion is likely to occur during the lifetime of the building. These should be clearly identified and mapped, and shown in development plans” (para 2.16, PPG20).
The Shoreline in Waveney
8.34 The Waveney coastline measures some 26kms of which the District Council is responsible for approximately 18km. Responsibility for the remainder rests with the Environment Agency and Associated British Ports.
8.35 The urban areas of Corton, Lowestoft and Pakefield, Kessingland and Southwold are provided with defences which offer varying standards of protection against coastal erosion or flooding. Outside the towns, the coast is generally undefended. These locations also tend to coincide with areas of high landscape importance (Suffolk Coast and Heaths Area of Outstanding Natural Beauty and the Suffolk Heritage Coast) or areas of interest for their wildlife importance (National Nature Reserves and Sites of Special Scientific Interest and County Wildlife Sites). Invariably a number of designations overlap and these areas are also Special Protection Areas and Special Areas of Conservation. Indeed it is often the very nature of erosion which generates the interest as in receding cliffs revealing geological formations. Environmental habitat and conservation legislation has created a requirement for the management of valuable sites to ensure no net loss of environmental interest.
8.36 Undefended lengths of coastlines play their part in the formation of future shorelines. When they erode, they are capable of releasing significant quantities of material which would usually remain within the local sediment system in the near shore zone. The process is beneficial for coast protection because the local beach and nearshore sediment system are continually fed, which partly offsets erosion losses.
8.37 Management of Waveney’s coastal frontage is undertaken within a strategic appraisal and implementation framework as prescribed by DEFRA, in consultation with neighbouring coastal operating authorities and the statutory consultees. In 1998 the Council adopted a Shoreline Management Plan (SMP) for the Waveney coastline. A SMP is a strategy for coastal defence taking account of coastal, human and other environmental influences. The coastline is divided into a number of management units which are selected principally on land use criteria. Each is assigned a management policy varying from “do nothing ” to some form of intervention. The policies for the SMP were adopted as Supplementary Planning Guidance. (ref SPG 9 January 1999).
8.38 Subsequent Ministry of Agriculture Fisheries and Food (MAFF now DEFRA) guidance has required a more detailed examination of how these policies will be implemented. This prompted the formation of a partnership project primarily involving Waveney, Suffolk Coastal District Council, Great Yarmouth Borough Council and the Environment Agency. Consultants reported during 2001 on an overall Coastal Strategy, which has reconsidered the policies in the SMP. The consequences of the Coastal Strategy have been taken into account in formulating land use policies for inclusion in this revised Local Plan. A key aspect of this approach is that we need to consider any proposals for development along the coast in terms of their effect on coastal processes and the policies put forward in the Coastal Strategy. The policies contained in the Coastal Strategy will be a material consideration in determining planning applications and will be incorporated into fresh Supplementary Planning Guidance.
8.39 Coast defence works planned by other operating authorities and private frontages within and adjacent to Waveney are subject to legislation that requires consultation with the District Council (Coast Protection Act 1949). This requirement is in addition to the normal planning process. The District Council will use this process to satisfy itself that there is no unacceptable coastal erosion or flood risk associated with the works. Any defence schemes will need to assess their impact on the environment, taking into account the wealth of landscape and wildlife designations along the coast.
Proposals for new or replacement coastal defence schemes will only be permitted where:
1. It has been demonstrated that they are required for, or are consistent with the coastal management strategy; and
2. They minimise environmental impact.
Mineral Extraction
8.40 Waveney’s beaches are made up of a mixture of sand and gravel generated by a combination of shoreline erosion and fluvial inputs which are re-worked and transported by the sea in both along and across shore directions.
8.41 Beaches and sandbanks which represent a relatively thin surface layer over other geology, play a significant role in the protection of the coastline from the potentially harmful impacts of wave action. The state of beaches and sandbanks is ever changing under the complex and variable influences of winds, waves and tides.
8.42 The extraction of sand and gravel from offshore locations is assumed to be capable of causing significant harm to coastlines. It is assumed that there is a limited amount of material available within local sediment systems which is moved along, across and on-off shore. Dredging activity may interfere with sediment movements. The consent procedure for dredging therefore requires the applicant to provide a detailed assessment of potential environmental impacts.
8.43 Whilst normally the County Council is the mineral planning authority, below low water mark, the Crown Estate Commissioners are the appropriate licensing authority. The Commissioners informally consult interested parties on any proposals for dredging. The consultation responses are then passed to the Office of the Deputy Prime Minister (ODPM) which formulates the Government View (through consultation with other Government Departments). The Crown Estate does not issue a licence if there is a negative Government View.
8.44 This Council is consulted on all applications for proposed, new, and extensions of existing dredging licences. Any proposal for dredging has the potential to affect coastal processes and raise the risk of eroding conditions. The assessment procedure used by the District Council assesses the significance of predicted impacts within the context of anticipated variability in other naturally occurring conditions. The Council will oppose any dredging licence application where the risk of potential harm to the Waveney shoreline is unacceptably high. The Council will also monitor the actual environmental impacts of active dredging areas and respond to circumstances where the District Council’s coastal management interests may be threatened.
Shoreline Evolution
8.45 In order to make the required predictions it has been necessary to assess all the variables which will influence the outcome including erosion / accretionary trends, effectiveness and life expectancy of defences (where these exist), local and national management policies and practices and impact of sea level rise. This Local Plan has taken the shoreline 50 years hence as being a realistic timeframe both for predictive purposes and to provide realistic guidance for land use policies. This is represented on the proposals map as a solid red line. Coastal processes are dynamic. It is likely that circumstances will change over possibly short periods. It will be essential to monitor coastal processes and consequently to keep this policy approach under review.
Risk Assessment
8.46 Retreat of the shoreline, defined as the landward movement of a cliff, a natural or artificial erosion / flooding defence structure, a dune or a tide mark may be caused by the following conditions, sometimes working in combination:
8.47 Due to the above difficulties development within the vicinity of cliff edges needs to be carefully controlled. Development seaward of the cliff edge or its anticipated position is unlikely to be acceptable although there will be some limited exceptions. Development landward may also have to be strictly controlled not only in relation to other planning policies but also in terms of assessing the risk to the proposed development itself.
8.48 Short term or temporary uses may be acceptable where there will be no threat to that development during the life of the proposal. Such development would be subject to conditions to restrict the building life or usage to either a specific period or relative to the progress of erosion. Within this context, favourable consideration may be given to the redevelopment or upgrading of existing development, for example holiday facilities, seaward of the line where the proposed building would have a life expectancy considerably below the 50 year time period.
8.49 Relatively small scale development associated with existing buildings, for example, extensions to existing properties may be acceptable. Proposals for infill development i.e. the infilling of a small gap in an otherwise built up frontage will be opposed on the grounds of putting additional development at risk.
8.50 Any proposals for development within the zone 30m landward of the predicted shoreline position in 2050 must be accompanied by a Risk Assessment report of a nature and scale appropriate to the proposed development. The Risk Assessment must include consideration of the following issues and be accompanied by appropriately detailed supporting information:
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Development will not be permitted seaward of the predicted shoreline position at 2050.
Proposals for development 30m landward of the predicted shoreline position at year 2050 will be permitted provided that there is no significant impact on the coastal management strategy. Proposals will need to demonstrate that there are no suitable alternative locations elsewhere and should be accompanied by a risk assessment report.
Greenways
8.51 Considerable value is placed on existing trees both for their visual amenity and their importance to biodiversity. In order to enhance the urban environment within the District’s five towns the Council will support the planting of new trees, plus other associated soft landscaping, along main route corridors, such as primary roads, footpaths, and cycleways to create Greenways. Particular attention will be paid to creating Greenways which link existing and proposed open spaces or which provide corridors to and from designated wildlife sites. A number of routes already exist for Lowestoft and Kessingland. These are identified in Supplementary Planning Guidance. Further routes will be identified for other areas as resources permit.
The Council will safeguard, preserve and enhance a network of Greenways in Lowestoft and Kessingland.
Built Environment
8.52 The Government has placed an increasingly high importance on achieving good design in urban areas with a view to achieving an urban renaissance, by rejecting poor design and creating distinctive places for people. This is reflected in PPG1 General Policy and Principles and publications such as The Urban White Paper, ’Our towns and cities; the future’ and ‘By Design’.
8.53 The core development control policies aim to give greater prominence to promoting good and rejecting poor design. Areas of our towns and villages designated as Conservation Areas obviously highlight attractive environments, which the planning system aims to preserve and enhance. Local Plans therefore have a role to play in controlling those matters that constitute development. Other proposals, for example, internal alterations or repairs to listed buildings may not require planning permission as such, but they will require listed building or Conservation Area consent.
Conservation Areas
8.54 The Planning (Listed Building and Conservation Areas) Act 1990 defines Conservation Areas as ‘areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. Such designations recognise the contribution these areas make to our cultural heritage and economic well-being. Designation of a Conservation Area is not intended to prevent new development or stifle the area’s economic life or potential, but the District Council will expect a high degree of attention to be paid to design, repair and maintenance in such areas. Design of any new scheme within a Conservation Area should take account of the character of the existing townscape and the relationship to existing buildings. Special importance will be placed on the architectural detailing and the use of appropriate building materials. Care should also be given to the placing of services to ensure that they contribute to, rather than detract from the overall character of the area.
8.55 The District includes 14 Conservation Areas. These are located in Lowestoft (centred on two areas in London Road South and the High Street), Halesworth, Bungay, Beccles, Southwold (centred on the harbour and the High Street), Holton, Homersfield, Somerleyton, Wangford, Wissett, Wrentham, and part of the Walberswick Conservation Area. There are also two Conservation Areas within the District but outside the Local Plan area which fall under the jurisdiction of the Broads Authority Area. They are at Oulton Broad and in part of Ellingham. The District Council has a duty from time to time to review the existing boundaries and to consider the need for new areas. Just recently, for example, the Council extended the South Lowestoft Conservation Area to include sites in and around the bascule bridge and the harbour. Similarly it is proposed to extend the North Lowestoft Conservation Area to include part of London Road North.
8.56 The General Permitted Development Order 1998 requires planning permission be sought for certain types of development in Conservation Areas, that elsewhere would be regarded as permitted development. These include, for example, the insertion of dormer windows on roof slopes and satellite dishes on facades fronting a highway.
8.57 In certain cases the District Council will seek an Article 4(2) Direction under the General Permitted Development Order 1998. An Article 4(2) Direction effectively restricts development which would normally be permitted under Conservation Area designation, such as porch construction or replacement windows. The District Council can introduce an Article 4(2) direction where the character or setting of a Conservation Area is threatened by inappropriate development. In such cases consultation with property owners will be carried out and the results considered prior to the Article 4(2) Direction taking effect. Article 4(2) Directions are in place in the Conservation Areas in Beccles, Bungay, Halesworth, Southwold, Southwold Harbour and north and south Lowestoft and on a number of individual sites.
8.58 The District Council is currently operating Heritage and Economic Regeneration Schemes (HERS) in Halesworth, Beccles and the two areas in Lowestoft. The schemes offer grant aid to property owners and also provide an opportunity to undertake environmental improvements.
To protect its character, the District Council will ensure that any development in Conservation Areas has regard to the following:
1. Any new development including the design and siting of new buildings should conserve or enhance the appearance or setting of the Conservation Area;
2. The mass of any building should be in scale and harmony with adjoining buildings and the area as a whole;
3. Architectural detailing shall be used to enhance the character of the Conservation Area within which it is sited;
4. External materials to be used should be appropriate to and sympathetic with the particular character of the area;
5. Natural features, including trees should be preserved where possible. Landscaping schemes and tree planting will be encouraged;
6. Open spaces important to the character of the area should be retained;
7. Important views within, into and out of the area should be protected.
8.59 Conservation Area designation introduces additional control over the demolition of buildings in Conservation Areas and Conservation Area Consent will be required for development which involves the demolition of part or all of an unlisted building in a Conservation Area. Demolition will be resisted where the removal of structures is detrimental to the character of the area. The need for demolition will have to be demonstrated and will only be permitted where there are approved plans for redevelopment. The policy below sets out the criteria against which any applications will be considered.
8.60 The quality of the proposed replacement is a material consideration and any Conservation Area Consent for demolition should be linked to a firm contract date for the commencement. This is to avoid cleared sites appearing in Conservation Areas for any length of time and to ensure that replacement actually follows closely after demolition. The Council will normally require detailed plans and elevations to be submitted for all planning applications within Conservation Areas. Scale models may also be requested.
Demolition in a Conservation Area
Development involving demolition within a Conservation Area will not be permitted unless:
1. The structure is in poor condition and beyond economic repair;
2. It is incapable of economically viable use;
3. The structure makes little or no positive contribution to the character or appearance of the Conservation Area;
4. Detailed proposals for the re-use of the site including redevelopment proposals that would enhance the area have been approved;
5. The merits of the proposed replacement structure or use of the site preserves or enhances the character of the area.
Replacement windows
8.61 Due to local public concern, particularly with the use of upvc, the Council operates a specific policy for the replacement of windows and some other features in those Conservation Areas where an Article 4(2) Direction is in place. The policy primarily applies to replacement windows but will also cover other features such as doors and porches. The policy assesses the suitability of the proposed replacement windows from whichever material it is made. Under the system points are awarded based on three criteria:
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8.62 Points are awarded on a scale of 0-3 in each category. Proposals scoring up to 4 points implies that subject to suitable design the replacement windows will be acceptable. Scores of 5 and above are unlikely to be acceptable and are recommended for refusal. Supplementary Planning Guidance will be prepared which will explain how this policy operates in practice and the scoring system that applies.
Proposals for replacement windows in the Beccles, Bungay, Halesworth, Lowestoft north and south, Southwold and Southwold Harbour Conservation Areas must be of a suitable design and will be assessed against the following criteria:
1. the prominence of the location;
2. the historic and architectural value of the building; and
3. the historic and architectural value of the feature itself.
Conservation Area Appraisals
8.63 Under the Planning (Listed Building and Conservation Areas) Act 1990, Local Planning Authorities are required to designate Conservation Areas and keep them under review and, if necessary, designate further areas. Designation brings with it responsibilities to formulate and publish proposals, from time to time, for the preservation and enhancement of Conservation Areas. As and when resources allow, the Council intends to prepare or review and update as appropriate appraisals of the District’s Conservation Areas. Such appraisals will then form the basis of studies putting forward suggestions for improvement. These will then be adopted as Supplementary Planning Guidance.
Listed Buildings
8.64 Listed Buildings are those buildings designated by the Secretary of State for Culture, Media and Sport as being of special architectural or historic interest. The buildings are graded according to their importance. Local authorities have a statutory responsibility to have regard to the desirability of preserving any listed building, or its setting, or any features of special architectural or historic interest it possesses.
8.65 There are at present 50 Grade 1 listed buildings in Waveney, 42 of which are churches, out of a total of approximately 1500 listed buildings or structures in the District as a whole. Reviews of listed buildings take place from time to time. The listed buildings are concentrated, but not exclusively so, in the Conservation Areas, particularly in the four market towns. The Council publishes a booklet giving the addresses of all listed buildings within the District and also provides advice to householders. The series of policies set out below applies to existing listed buildings and to any building which becomes listed after this plan has been prepared.
8.66 Listed Building Consent and in certain cases planning permission is needed for the demolition of Listed Buildings and for any alterations which affect their special character (internally as well as externally) or their setting. Such proposals must be advertised by the Local Planning Authority. The setting of a Listed Building will be preserved by attention to the design of any new development in their vicinity, control of adjacent land use and any trees or natural features.
8.67 Careful consideration also needs to be given to the use of materials in the repair or alteration to a listed building. Some materials may cause harm or lead to irreparable damage. Paint and cement may not always be appropriate and in particular chemical injections for damp proofing in timber frame buildings is to be avoided.
8.68 Listed buildings are limited in number and are of unique interest. They also help to define the distinctive character of the area. As such there will always be a presumption against their demolition. The Council will only consider demolition as a final outcome after exploring all other alternatives. As a consequence, demolition will only be contemplated in the most extreme circumstances.
Alterations and additions to a listed building including the inappropriate use of materials will not be permitted if they adversely affect its character, architectural or historic features.
Proposals for development which will detract from the character or setting of listed buildings will not be permitted.
Demolition in whole or in part of a listed building will not be permitted.
Conversion of a Listed Building
8.69 The best use for a listed building is the use for which it was originally built. Modern standards may mean that buildings become no longer viable for their original use. As a result some buildings can fall into disrepair and become neglected. New uses may be the key to the preservation of these buildings provided that they are compatible with the building and do not require excessive changes which would destroy the character of the building or its setting.
The conversion or change of use of a listed building, in whole or in part, will only be permitted where:
1. the existing use is not viable or compatible with the building or its setting;
2. the change of use secures the retention of a listed building which would otherwise be lost or damaged;
3. the degree of adaptation and the effect of changes on the architectural and historic interest is compatible with the exterior/interior and setting of the building.
Shopfronts / Fascia Design within Conservation Areas
8.70 In Waveney, many of the Conservation Areas are based around town centres. As a result there are many shops and commercial uses in Conservation Areas. One of the most striking visual impacts within any shopping area can be the diversity in terms of colour and design of shop fronts and facades. Left uncontrolled, insensitive shop fronts can be particularly damaging where they conflict with traditional upper facades. Modern shop windows with large expanses of glass can be difficult to integrate successfully into an historic street.
8.71 Generally in Conservation Areas, greater use should be made of materials which reflect the special qualities of the area. Where shops consist of more than one building it is essential that each facade retains its own identity from the ground upwards, not just from first floor level as is commonly the case. The retention of existing shop fronts is frequently preferable to renewal, but in either case, the shopfront design, lettering, stall risers, doors etc. should all be treated as an integral part of the design.
Within Conservation Areas a high standard of new shop front design will be required which respects the character of the building and its surroundings.
Building Preservation Notices
8.72 Buildings regarded as having special architectural or historic interest may also be protected under emergency powers invoked by a Building Preservation Notice which will protect the building for a maximum period of six months during which time the building will be considered for listing by the Secretary of State for Culture, Media and Sport. Other protection can involve compulsory purchase of the building by the District Council. At least two months prior to such action, the owner of the building must be issued with a repairs notice.
8.73 An Historic Buildings at Risk Register has also been prepared on a Suffolk wide basis. This identifies listed buildings within the District which may be vulnerable. The register will be kept under review. Where necessary, the Council will take action for urgent works to prevent deterioration of such buildings.
Advertisements
8.74 On listed buildings and in Conservation Areas, the District Council may be prepared to give favourable consideration to externally illuminated and non-illuminated signs that are sympathetic to the character of the building and area. When considering such proposals, the District Council will give particular attention to size and colour. Where lighting is acceptable, the source of illumination should be discreetly hidden on suitable parts of the building, or be integrated within the overall design of the building.
8.75 The main planning considerations for advertisements relate to visual amenity and highway safety. To avoid a detrimental effect on visual or neighbour amenity or distraction to drivers, the District Council will encourage good practice in the design and levels of illumination. Where signs are illuminated, external lighting or lighting of individual letters will be preferable to ‘box’ illuminated signs. As stated in PPG19 Outdoor Advertisement Control (March 1992), the local characteristics of the neighbourhood will help to determine the appropriate size and level of illuminance of signs - a large brightly illuminated sign which may be appropriate on a departmental store in a town centre will be unacceptable on a corner shop in a residential locality. New advertisement hoardings will be resisted outside industrial and commercial areas where visual amenity or the character of the area will be affected. In general, both new signs and shopfronts should relate sympathetically to the character and appearance of the rest of the building.
Within Conservation Areas and on listed buildings externally illuminated advertisements and non-illuminated advertisements will only be permitted where they preserve or enhance character. Elsewhere illuminated advertisements will be permitted (up to ground floor fascia level) subject to no loss of residential or visual amenity or distractions to highway users.
The District Council will encourage a high standard of design and appearance for all new advertisement signs and shop fronts. Applications will be permitted provided there is no significant adverse effect on the scale, character of the building or appearance of the area.
Archaeology
8.76 As well as a rich natural heritage and diversity of wildlife the District also contains a range of important archaeological sites. The Council recognises that archaeological remains are a non-renewable resource, which are valuable for their own sake and for their role in education, leisure and tourism. This Plan identifies Scheduled Ancient Monuments and sites of archaeological importance.
Scheduled Ancient Monuments
8.77 The Plan area includes a number of Scheduled Ancient Monuments, as defined by the Secretary of State for Culture, Media & Sport advised by English Heritage, such as Mettingham Castle, Bungay Castle and the Engine House at Lound. PPG16 on Archaeology and Planning sets out the application / consultation procedures for development directly affecting Monuments, including the submission of separate Scheduled Ancient Monument Consent to the Secretary of State for Culture, Media and Sport. A full list of Scheduled Ancient Monuments appears in Appendix 6.
Development will not be permitted where it would, directly or indirectly, have a material adverse impact on a Scheduled Ancient Monument.
Sites of Archaeological Importance
8.78 The majority of archaeological sites in the District are defined by Suffolk County Council’s Archaeological Service. These are not shown on the proposals maps except for those in the historic towns of Beccles, Bungay and Halesworth. In line with advice in PPG16 Archaeologic and Planning, when a known or suspected site of archaeological importance is affected by a development proposal, an archaeological evaluation may be required to assess the impact of the development proposal prior to determination of the application. This could lead to refusal of permission, redesign of the scheme in order to preserve the remains in situ, or a condition requiring recording of the site prior to or during development.
In areas of archaeological importance development will only be permitted where a full archaeological assessment of the site has been undertaken and the applicant has demonstrated that any particular find/features can be satisfactorily preserved either on site or by record.
Renewable Energy
8.79 Renewable energy is a broad term covering a range of potential energy sources where there is no absolute limit on the available supply. Sources include: wind power; solar power; the movement of water (tidal and other flows); and the combustion or digestion of materials such as crops and waste products. The Government encourages a generally supportive approach to renewable energy, in the right circumstances, as part of the UK’s commitment to reducing the emission of greenhouse gases.
8.80 An assessment of the renewable energy potential of the East of England was undertaken in 1997 by the Energy Technology Support Unit (ETSU) of the Department of Trade and Industry. At that time it was felt that the potential for large scale wind or hydro power in this area was limited both by the local topography and the need to protect various high quality, nationally important landscapes.
8.81 Since 1997, however, wind turbine technology has improved considerably and wind power can be captured at lower speeds. In addition, the Government has set challenging targets for renewable energy generation. Planning permission has recently been granted for a large single wind turbine at Ness Point, Lowestoft. The potential now for either wind power or the renewable energy industry in Waveney may be greater than originally estimated. Greater potential was thought to exist for solar power and biomass and waste resources. Combustion based systems do not generally need to be located close to a specific source of material as collection takes place over a wider catchment, as such it would be desirable to direct these uses towards existing industrial areas. Solar power is generally undertaken at the individual building level which is covered by Policy DC5.
8.82 In general the District Council would favour locating new renewable energy developments within ‘existing industrial areas’ as identified under Policy E2. However it is recognised that some developments need to be located close to the energy source. Due to the diverse nature of renewable energy proposals, both in terms of their locational needs and their potential impacts, most applications would need to be considered against the policies in the Development Control chapter. In many cases the Council will require an Environmental Assessment of renewable energy proposals in order to fully assess both the beneficial environmental gains of the development and the impacts of the proposal. It is proposed to prepare Supplementary Planning Guidance setting out the planning implications of different types of renewable energy.
Proposals for combustion based renewable energy developments will only be permitted within Existing Industrial Areas unless an overriding need to be situated closer to the source of the combustion material is demonstrated.