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Chapter 2 Improving the Quality of Life

Aim: To maintain and improve the quality of life, economic prospects and environment throughout the District for everyone who lives, works or visits here both now and in the future.

Strategic Objectives:

• make efficient use of land within existing urban areas particularly brownfield land in preference to greenfield land;

• direct development to places where it is easily accessible by a choice of means of transport and reduce the need to travel;

• promote development with a mix of uses so that people can live much closer to jobs, shops and other facilities, reducing the need to travel and helping to build communities;

• stimulate social and economic regeneration in parts of Clacton, Harwich, Walton, Brightlingsea and Mistley, where there are high levels of unemployment, social deprivation and physical dereliction;

• support rural communities and promote a balanced, healthy rural economy;

• ensure new development creates high quality environments that work well and are safe and attractive for residents, businesses and visitors; and

• ensure that the community, environmental and infrastructure needs generated by new development are met.

2.1 This Chapter sets out core strategic policies that provide the overarching framework for achieving the Community Strategy vision of improved quality of life in Tendring District. The Chapter covers the following:

• Location of New Development.

• Making Efficient Use of Land and Resources.

• Promoting Sustainable Forms of Transport.

• Minimising Flood Risk.

• Achieving Economic Success.

• Haven Gateway and Strategic Development Opportunities.

• Stimulating Urban Regeneration and Renewal.

• Achieving Rural Regeneration.

• Promoting Mixed-Use Development.

• Achieving Quality New Development.

• Ensuring Compatibility of Uses and Minimising Environmental Impacts.

• Hazardous Substances.

• Approved Contaminated Land Strategy.

• Water Quality.

• Statutory Air Quality Review.

• Lighting.

• Noise.

• Ensuring the Social, Environment and Infrastructure Requirements of New Developments are met.

2.2 As with all the policies in this Plan they will not be applied in isolation and should be read in conjunction with other relevant policies in both this Plan and the Essex and Southend-on-Sea Replacement Structure Plan.

Location of New Development

2.3 In order to achieve these strategic objectives and help create sustainable communities the District Council will apply a sequential approach to the location of new development that seeks to make best use of land and stimulate regeneration within existing urban areas. This sequential approach is set out in Replacement Structure Plan Policies CS1 and CS4 (Core Policies), Policy H2 (Housing), Policy BIW3 (Business, Industry and Warehousing) and Policy TCR2 (Town Centres and Retail Development).

2.4 Replacement Local Plan Policy QL1 below builds on these Replacement Structure Plan Policies to define (in general terms) the main focus for new sustainable patterns of development in the District. The Policy also defines the District’s Settlement Development Boundaries and “countryside”, the latter for the purposes of Replacement Structure Plan Policy CS5 and related Development Plan countryside policies.

2.5 Settlement Development Boundaries have been drawn to allow for planned peripheral growth to the urban areas of Harwich, Clacton and eastern edge of Colchester, principally to provide for additional employment development which cannot be accommodated within the existing urban areas. This is an integral part of the spatial strategy, which concentrates development at existing larger towns and promotes sustainable economic growth and improved transport links in key locations within the A120 corridor.

Note:

• Clacton includes Holland-on-Sea and Jaywick.

• Colchester Fringe comprises that small part of the built up area of Colchester in Tendring District (i.e. Crown Interchange Area, Ardleigh).

• Frinton/Walton includes Kirby Cross.

• Harwich includes Dovercourt, Parkeston, Little Oakley and Ramsey.

2.6 Clacton and Harwich are the District’s two largest urban areas. They and offer the widest choice of existing and potential employment, public transport, shopping, community and other services and facilities and servicesof the District’s settlements. In consideration of sustainability, they also offer the largest amounts of previously developed land, which is preferred to undeveloped land when considering new development allocations. Therefore,following the sequential approach, these settlements form in following a sustainable approach to the location of development, they are the logical focus for concentrating the majority of new development. in the District. Following a sequential approach to development, with preference for developing “brownfield” sites before greenfield sites, Clacton and Harwich also offer the largest supply of previously developed land accessible to facilities. Such development will be closely linked with adjoining urban areas and transport networks, forming an important part of the Council’s economic development strategy.

2.7 Additional development is also planned on the edges of Harwich and Clacton. These allocations are to accommodate employment generating development and will be closely linked with the adjoining urban areas and transport network, forming an important part of the Council’s economic development strategy.

2.8 The three smaller urban areas of Frinton/Walton, Brightlingsea, and Lawford, Manningtree and Mistley offer overall somewhat less accessibility to local employment, public transport and facilities than Clacton or Harwich. However, the development opportunities for the re-use of previously developed land in those urban areas, particularly for housing and mixed uses, is generally sufficient to meet local community needs.

2.9 Settlement Development Boundaries have been drawn around those villages where some infill and small additions to the built-up areas have been allowed for. Policy RA4 (Chapter 13) categorises the villages as principal, secondary and other defined villages. The justification for these definitions is set out in the Rural Areas Chapter, as are the potential levels of acceptable development. The boundaries have been drawn tightly around the main built-up areas of those settlements to protect their countryside setting, non-renewable natural resources, and to prevent sporadic and ribbon development. Excluded are more loosely knit development and small detached housing groups that occur on the periphery of some settlements. Where long gardens could lead to inappropriate backland development pressures, Settlement Development Boundaries cut across gardens rather than following curtilages.

2.10 Only those villages comprising an existing compact group of at least 30 dwellings and one or more of the following key facilities: primary school, convenience goods shop (often including post office), or village hall have defined development limits. Further development in hamlets and groups of rural dwellings lacking easy access (maximum 10 minutes walk or 800 metres) to any key facilities would encourage more car-borne journeys, social exclusion and greater development dispersal in the countryside. Even so, local facilities and employment opportunities are very limited in the smaller defined villages, so their Settlement Development Boundaries have consequently been drawn tightly so as to limit new residential development to small-scale infilling. Location on a public transport route is not considered a sufficient substitute to warrant development limits for hamlets totally lacking any key local facilities, especially as rural bus services are not frequent.

2.11 For the purposes of all countryside policies in the Development Plan (Structure Plan and Local Plan), the Development Spatial Strategy also defines the countryside as all those parts of the Plan area that are not within the Settlement Development Boundaries of towns and villages as identified on the Proposals Map. Outside Settlement Development Boundaries policies that aim to conserve and enhance the countryside for its own sake will apply. Consequently, in the countryside planning permission will only be given for development that does not detract from the appearance or character of the area.

Making Efficient Use of Land and Resources

2.12 Making better use of urban areas and previously developed land and buildings before considering releasing greenfield land is one of the cornerstones of sustainable development. This approach seeks to minimise the use of finite land resources, and by locating development where there is a concentration of facilities and services it may also help to reduce the need to travel and dependence on the private car.

2.13 In 2000 and 2001 over 60% of new housing in the District was built on previously developed land in accordance with national targets. The target for homes to be built on previously developed land in the Plan Period is contained in the Sustainable and Affordable Housing Chapter. Over the next ten years there will be further opportunities to bring vacant, derelict and under-used land and buildings back into beneficial use that will enhance the quality of urban areas and act as a catalyst for regeneration. There will also be opportunities to increase the density of development within urban areas where this does not adversely affect the amenity or character of the area, and to vary off-street car parking requirements in some areas depending upon the accessibility by a choice of means of transport.

2.14 The strategic framework for making better use of urban land is contained in Replacement Structure Plan Policy CS1 (Achieving Sustainable Urban Regeneration), CS4 (Sustainable New Development), and BE1 (Urban Intensification). Detailed local policy guidance for increasing residential densities is set out in the Sustainable and Affordable Housing Chapter. Parking Requirements are set out in the Sustainable Transportation Chapter and in Supplementary Planning Guidance (SPG).

Promoting Sustainable Forms of Transport

2.15 The Essex Local Transport Plan and the Tendring District Transportation Strategy seek to develop a sustainable, integrated transport system for the District which provides necessary access to facilities, services and goods, with less dependence on cars and less impact on the environment. This is supported by the Replacement Local Plan strategy which aims to concentrate development within existing urban areas, encourage mixed-use development and promote higher density of development and reducing car parking standards in appropriate locations. Policy QL2 below provides the overall framework for promoting travel choice through the location and design of new development.

2.16 As explained in relation to Policy QL1, the Replacement Structure Plan promotes a sequential approach to the location of housing, employment and town centre uses which direct development towards existing urban areas in locations that are accessible by a choice of transport. Policy QL2 expands on this approach by seeking to ensure that the design and location of major travel generators and all development requiring public access promote travel choice and help reduce the need to travel. Development requiring public access includes day-to-day facilities such as children’s nurseries, education, medical, community and leisure facilities.

2.17 The Council recognises that in rural areas lack of public transport and essential services means that for many journeys using the private car is the only realistic transport choice. However, this situation should not be made worse by locating development on isolated sites with no alternative means of transport to the private car. In rural areas day-to-day facilities should therefore be located close to their catchment population and be safely and easily accessible by walking or cycling by a reasonable proportion of their clients.

2.18 In accordance with Replacement Structure Plan Policy T3, all major developments will be required to provide comprehensive Transport Impact Assessments. “Travel Plans” will also be required from applicants for major retail, leisure, business development and new and expanded education facilities to improve accessibility. Further policy guidance on assessing and improving accessibility is provided in the Sustainable Transportation Chapter.

2.19 Promoting means of transport which minimise environmental impact and support social inclusion means giving greater priority to walking, cycling and public transport and to ensuring accessibility by people of all abilities. The transport users hierarchy will be used to make sure that even if all means of transport cannot be incorporated within a scheme, those towards the top of the hierarchy will be considered first and given greater priority. The needs of higher ranking transport users will not necessarily have priority in all decisions, but no decision will be made without carefully considering the effect on pedestrians and other high priority users. Using the hierarchy will ensure that the design and layout of new development, transportation and traffic management proposals gives appropriate priority to the higher ranking users in order to move away from reliance on private cars.

2.20 Where appropriate, transport accessibility improvements will be sought as part of development proposals, which generate significant traffic movements. Such improvements will normally be secured as part of development contributions through legal agreements.

Minimising Flood Risk

2.21 Tendring District is surrounded on three sides by water with the majority of the population living in coastal or riverside settlements. In recent years there has been an increase in the frequency and scale of river flooding nationally, and climate change is expected to increase the risk of coastal and river flooding in the future as a result of sea level rise and more intensive rainfall. Reducing vulnerability to flood risk now and throughout the lifetime of development is therefore vital to maintaining community safety and achieving long-term quality of life for residents in the District.

2.22 PPG25 (Development and Flood Risk) requires local authorities to use their planning powers to guide development away from areas that may be affected by flooding. The flood risk zones (medium risk and high risk) are shown on the Proposals Maps, based on information published by the Environment Agency. These areas may change over time due to factors such as climate change. The most up to date position at any time should be checked with the Environment Agency. Defended and undefended areas of flood risk and functional floodplain are identified on maps that will be adopted as SPG. For the purposes of Policy QL3 the expected lifetime of a development is defined as 50 years in accordance with guidance contained in PPG25.

2.23 The detail and complexity of a Flood Risk Assessment will depend on the scale and nature of the proposed development. Further guidance on the scope of Flood Risk Assessments is contained in Appendix F of PPG25.

2.24 Defended flood risk areas are those areas where a high standard of flood defence measures has been put in place to reduce the risk of flooding. Within thesedeveloped areas identified as being of low risk from flooding development will generally be permitted provided the Flood Risk Assessment demonstrates that the existing flood protection measures are appropriate and effective now and for the lifetime of the development.

2.25 Applications for development within undefended lower flood risk areas will be considered on their merits having regard to the conclusions of the Flood Risk Assessment and the suitability of the flood mitigation and management measures it recommends. Where development is exceptionally permitted, the threat of flooding must be managed to ensure that the development is and remains safe throughout its lifetime and does not increase flood risk elsewhere. This may typically require compensatory flood storage.

2.26 Functional floodplains are undefended areas where water regularly flows in times of flood. Some land uses such as amenity areas, sports fields and nature conservation sites may be appropriate provided that suitable arrangements can be made to ensure public safety and the development does not interfere with flood flows or compromise future shoreline or river management options such as managed realignment. Any proposals for structures or infrastructure must demonstrate there is no alternative location in a lower flood risk area and must not interfere with the function of the floodplain or increase risk of flooding elsewhere.

2.27 The Council will consult the Environment Agency on any development proposals within areas identified as being at risk from flooding. In addition it is necessary to obtain prior written consent of the Environment Agency for any works within nine metres of a main river or tidal/fluvial flood defence or any works affecting the flow of a watercourse (including culverting) under the terms of the Water Resources Act 1991 (and land drainage bylaws). Policy on sustainable urban drainage systems is set out in the Sustaining Our Environment Chapter.

Achieving Economic Success

2.28 Economic growth and development is needed to increase the prosperity of the District. Growth is also vital to achieving the Council’s key economic development and urban and rural regeneration priorities, particularly within the designated Priority Areas for Economic Regeneration (PAER) referred to in the regeneration section below. The Council is therefore, committed to encouraging economic development and supporting initiatives which help to achieve these aims.

2.29 One of the key components to achieving economic success is the need to identify a suitable supply of land for employment generating uses. This creates the right circumstances to:

• attract inward investment through the location of new firms;

• allow for existing firms to grow; and

• allow for existing new firms to start up.

2.30 Therefore, as part of the economic development strategy approximately 100101 hectares of new development land has been identified for employment purposes. These sites allow for major strategic development to occur near to Harwich International Port and Bathside Bay and within the A120 growth corridor. This reflects the Council’s Draft Regeneration Strategy which states that “to maximise this opportunity sites are required close to the port and along the A120 corridor to service the needs of the potential investors seeking a location through which to import materials and re-export finished goods”. In addition, further development sites on the northern edge of Clacton and other built-up areas across the District are proposed in this Plan.

Haven Gateway and Strategic Development Opportunities

2.31 Tendring District occupies a large part of the Haven Gateway Sub-Region, recognised in Draft RPG14 (Regional Guidance for the East of England), as having significant economic growth and regeneration potential. In the Gateway area this potential is connected to growth associated with the Haven Ports and the development of a hi-technology corridor and business clusters. The Council is also a key member of the Haven Gateway Partnership, set up in 2001 to provide a framework for promoting economic opportunities to secure future prosperity within this major gateway to the East of England.

2.32 Within Tendring the proposed expansion of Harwich International Port at Bathside Bay provides a significant economic and regeneration opportunity for the District and wider Haven Gateway area. The scheme includes further deep water quayside between Parkeston and Harwich, the reclamation of approximately 72 hectares of inter-tidal land for container handling, a rail terminal and a logistics facility. The proposal will also generate the need for additional associated services and industry. Therefore, further likely development will need to be accommodated on other sites, which are identified within the Strengthening the Economy and Promoting Regeneration Chapter and on the Proposals Maps.

2.33 A further strategic development site is identified on land close to Dovercourt, off the A120 (East of Pond Hall Farm). The site is well located in relation to Harwich International Port and the Bathside Bay Container Port site. Development in this location provides a further opportunity to secure a high quality business park with significant employment generating development including hi-technology industry which is within the A120 corridor and the wider Haven Gateway area. The development of this site is also likely to generate the need for associated services which may locate in other parts of the District and will therefore, be likely to secure further economic spin-off benefits.

2.34 Elsewhere in the District, on the edge of Clacton and within other built-up areas, further land has been identified to provide for growth of new and existing firms. These sites, which include new and existing employment areas, are also shown on the Proposals Map and referred to in the Strengthening the Economy and Promoting Regeneration Chapter.

Land East of Pond Hall Farm

2.35 The strategic infrastructure requirements and necessary mitigation measures required for this sites (b) and (c) will be set out in a detailed development brief which will be prepared for each site. In particular site (c) will need to provide details of how an all movement junction at the A120/A133 interchange is achieved and how satisfactory vehicular access from the A133 onto the site is achieved. For site (b), vehicle access to and from the A120 and visual impact are two of the key issues to be addressed. In addition, an element of appropriate enabling development may need to be considered.

Land South of the A120 and East of the A133

2.35a The Council’s analysis of commercial interest in the District suggests that there is a significant demand for employment land in the A120 corridor. The expansion of port facilities at Bathside Bay will further increase the importance of this corridor as a strategic employment location. The existence of significant environmental constraints at the Harwich end of the corridor limits the scope to create additional employment land in and around the town.

2.35b The land identified is to be developed in two phases. Initially, ten hectares will be provided as a first phase comprising land between the A120 and the existing road from Hare Green which runs in an easterly direction to its junction with the A120. This phase of development will be served via the provision of an acceptable junction onto the A120, the exact design and location of which will need to be agreed with the Highways Agency. It should be capable of facilitating, in conjunction with the second phase of development, an all movements link with the A133.

2.35c Phase 1 will not proceed until the land east of Pond Hall Farm at Harwich has been substantially let or it can be shown that this site is unlikely to come forward for development during the early part of the Plan period, or it is not an appropriate location for particular types of market demand.

2.35d Subject to Phase 1 being completed and there being favourable decisions on Bathside Bay and the Haven Growth Point, a second phase of development comprising 17ha can come forward. This phase will be required to provide an acceptable junction on to the A133, the exact design and location of which will need to be agreed with Essex County Council (as the Highways Authority). In conjunction with the highway infrastructure provided in Phase 1, Phase 2 will be expected to facilitate an all-movements link between the A133 and the A120. It is envisaged that Phase 2 is unlikely to come forward for development until the latter part of the plan period.

2.36 These strategic development sites will also create opportunities to provide for training and skill centres and, in the case of land east of Pond Hall Farm(b) above, a proportion of small-scale units for new start up firms. These facilities will contribute to economic development and regeneration objectives in the Harwich area and are likely to be secured by planning obligations.

2.37 Development proposals will also need to be accompanied by full details of landscaping and other mitigation measures (including transport improvements) and demonstrate how each will contribute towards achieving a good balance of sustainable modes of transport, particularly in the case of the site at Frating.

Stimulating Urban Regeneration and Renewal

2.38 Urban regeneration is a top priority for the Council to improve quality of life, stimulate investment and local economic development and tackle the underlying causes of poverty. Clacton, Harwich and Walton are identified in the Replacement Structure Plan as Priority Areas for Economic Regeneration (PAER) and Coastal Tourism (Policies CS3 and LRT11). Policy QL6 below amplifies these policies to identify those parts of the Priority Areas that are a local priority for focused regeneration and renewal. Such local priorities also include Brightlingsea Waterfront and Mistley Waterfront and Village, which are in need of physical regeneration.

2.39 To make the most efficient and effective use of resources Policy QL6 seeks to direct investment towards those parts of Clacton, Harwich, Walton, Brightlingsea and Mistley that are in most need of physical regeneration and contain the highest levels of social deprivation. In all cases development and regeneration initiatives should be designed to build on local strengths. In these locations the focus will be on encouraging mixed-use developments, and enhancing vitality and viability, environmental quality, community safety, accessibility and links between the tourism and shopping cores. In West Clacton and Jaywick regeneration schemes should build on the strong sense of community and develop measures that will improve the housing stock, social inclusion and community safety. In Harwich the wealth of historic buildings, maritime heritage, the working quayside and the need to improve links with the port (including the new Bathside Bay development) are all central to regeneration. More detailed policies are included in the relevant Chapters. In Brightlingsea the Waterfront area is in the early phases of regeneration. A sensitive approach is to be adopted here and at Mistley where waterfront and industrial regeneration is to be encouraged. In historic/conservation areas a conservation-led regeneration approach will be encouraged.

Achieving Rural Regeneration

2.40 Nearly a quarter of Tendring District’s total population live in rural areas (October 2001 estimate). Nationally over the last ten years rural communities have suffered from a loss of facilities and public services, shortage of low cost housing and changes in farming practices which have further reduced local job opportunities. These trends have also been experienced in Tendring’s rural area. Policy QL7 builds on Replacement Structure Plan Policies CS3 (Encouraging Economic Success), RE1 (Development in Rural Settlements) and RE2 (Re-use of Rural Buildings) to provide local strategic policy for delivering rural regeneration and maintaining sustainable rural communities.

2.41 As set out in the spatial strategic Policy QL1, the main focus for new development will be the District’s larger towns. However, there may be scope for further housing, employment and community facilities in villages to meet identified local needs, support rural regeneration and maintain sustainable rural communities. It is also essential that existing services and facilities are retained to ensure social inclusion for all rural residents, particularly those without access to a car. There may also be opportunities to improve transportation links between rural communities and surrounding settlements, countryside and coast, and to introduce traffic management measures which improve community safety and environmental quality. All new rural development must make a balance between promoting social and economic benefits whilst protecting settlement and landscape character and biodiversity.

2.42 Detailed policies setting out guidelines for appropriate rural diversification, re-use of redundant rural buildings, appropriate locations for new rural employment development and safeguarding existing employment sites are given in the Strengthening the Economy and Promoting Regeneration Chapter. Circumstances where affordable village housing will be permitted are given in the Sustainable and Affordable Housing Chapter. The retention of existing local services, recreation and community facilities and provision of new facilities is covered in more detail in the Safer and Healthier Communities Chapter.

2.43 Protecting Best and Most Versatile Agricultural land, landscape character and biodiversity are dealt with in the Sustaining Our Environment Chapter. Rural transport is covered in the Sustainable Transportation Chapter.

Promoting Mixed-Use Development

2.44 Mixed-use development, comprising a variety of compatible uses in close proximity, can help to promote diversity, vitality and visual interest, as well as reduce the need to travel and fostering social inclusion. A mix of compatible uses can also promote more actively-used streets and spaces, helping to increase natural surveillance and reduce both the incidence and fear of crime and anti-social behaviour. For all of these reasons promoting and protecting mixed-uses is a major component of a sustainable development approach. It can be more sustainable than single-use development, particularly in town centres.

2.45 However mixed-use is not appropriate in every development, but is desirable where the sustainability of an area depends on complementary interaction of a mix of uses, such as non-residential and residential activity. In all locations the objectives for mixed-use are the same (fewer journeys, viable local services, economic diversity and safer streets).

2.46 Policy QL8 amplifies and supplements Replacement Structure Plan Policy BE2 (Mixed Use Developments) in relation to the District. Dependant upon the type of uses and scale of development proposed, it will also be important for mixed development proposals to be considered against the relevant Replacement Structure Plan policies concerning the sequential approach to location of development (in particular Policies CS1, CS4, H2, BIW3 and TCR2).

2.47 Mixed-use development occurs at various spatial scales ranging from within a town as a whole, within town, district or local centres, within street frontages, individual sites and buildings. The potential benefits of a mix of mutually supporting, accessible uses is most apparent in town, district and local centres, in attracting a concentration of people to support jobs, services and public transport, crucial to maintaining the vitality of those centres. Accordingly, within those centres existing mixed-use areas and buildings will be safeguarded and mixed-use development solutions sought in preference to single-use schemes, such as compatible different uses on the upper floor of a building from that of the ground floor, or on different parts of a large site. More housing will be encouraged on upper floors, providing accessibility to shops, other services and workplaces. Also, other uses providing a variety of activity throughout the day and evening will be encouraged centrally. The benefits from mixed-use development can also act as a focus for regeneration within Urban Regeneration Areas within the District and accordingly mixed uses are similarly encouraged in principle in those areas.

2.48 To ensure that mixed-use environments are attractive as places to live and work there
will be a need to minimise potential conflicts between different uses by carefully considering the compatibility of different uses, location of entrances, servicing and amenity needs of each use. The aim should be for uses to positively support each other, such as through security and crime deterrence, the use of open spaces and other communal areas. However within established residential areas, care must be taken not to introduce uses that would damage their character. Policy guidance on the compatibility of uses is provided in Policy QL11.

2.49 The continuing decline both nationally and locally in the numbers of basic village facilities is reflected in the Rural White Paper’s support for community and business initiatives to share use of village facilities such as the church, school, hall, or pub where appropriate, particularly to maintain or improve such rural services and facilities and combat social exclusion. Policy QL7 supports such initiatives in principle.

2.50 Reflecting PPSG1 (General Policy and Principles), large development sites where a mix of uses will be expected are defined on the Proposals Map and detailed in area policies later in this Written Statement. This includes major new residential development where a mix of facilities to meet local needs will be required as a focus of activity to improve the quality of residential neighbourhoods.

Achieving Quality New Development

2.51 Good design underpins many of the Replacement Local Plan’s sustainable development objectives. By creating safe, accessible environments that work well and are attractive for business, residents and tourists, good design helps stimulate regeneration, improve quality of life, reinforce civic pride and create a sense of place.

2.52 The Essex Design Guide for Residential and Mixed-Use Areas provides SPG to support these policies and further detailed policy guidance is set out in the Sustaining Our Environment Chapter of this Plan. Policy EN12 deals with the specific requirements in relation to design statements and residential development, as well as other larger scale development proposals.

2.53 One of the District’s key strengths is its diversity and variety of urban, rural and coastal environments. Policy QL9, which is in accordance with PPS1, seeks to encourage high quality and inclusive design for all new development that maintains and enhances this local distinctiveness. All new development should be well designed in itself and should relate well to its surroundings. The extent to which design should be influenced by local context will depend on the degree of visibility of the development and the sensitivity and special character of its setting. Some areas have a strongly defined character or distinctive pattern of development which should be respected. In other areas where local character is less well-defined, new development provides an opportunity for regeneration and enhancement through good design.

2.54 Designing new development in relation to Conservation Areas, Listed Buildings, Historic Parks and Gardens, Archaeology, Scheduled Ancient Monuments and landscape character is covered in more detail in the Sustaining Our Environment Chapter.

2.55 Submission of a Design Statement will be required for large, complex or sensitive sites. This is an approach recommended in PPSG1 to demonstrate how a developer has taken account of the need for good design in their proposals. The statement should explain how site constraints and opportunities have been addressed, how the development relates to its local context and the proposed approach to the siting, massing, function and appearance of the development. For the purposes of QL9, large sites are defined as sites with a gross area greater than 1ha or comprising gross commercial floorspace of 1,000sqm or more.

2.56 The retention of existing site features will be encouraged where they contribute towards the character, amenity or biodiversity of the site and surrounding area and can be successfully integrated into the new development. Detailed policies on Biodiversity, Archaeology, Listed Buildings and Trees and Hedgerows are contained in the Sustaining Our Environment Chapter.

2.57 Hard and soft landscape design is essential to achieving a high quality environment. Well-designed spaces and boundary treatments enhance the character of a development and can help to assimilate it into an existing settlement or landscape. Landscaping should include new tree and hedge planting. Wherever possible native species should be a predominant feature in new planting schemes, especially in rural and edge-of-settlement locations. Consideration of landscaping and boundary treatments should be integral to the overall design of a scheme. In particular, care should be taken to ensure that space is not left over after development without a function; wasting resources and causing long term maintenance and security problems.

2.57a Where Village Design Statements have been prepared they may be used to inform applicants and the Council about any specific local key features important to the consideration of design in particular locations (see paragraph 6.78 for further detail).

2.58 Good design is not just about how a development looks, but also how it works. The functional requirements of a development are an essential part of good design and should be addressed at the earliest stages of the design process.

2.59 Access points should be located to connect safely and logically to the existing network of roads and paths. The road hierarchy set out in Replacement Structure Plan Policy T7 will be used to direct longer distance traffic and lorry traffic unsuited to rail towards the more major routes in the network. To protect these major routes as traffic distributors, direct access to new development will not be permitted onto the higher categories in the road hierarchy. Further guidance on freight access to development sites is contained in the Sustainable Transportation Chapter. Most development can be designed to provide safe access for all highway users but sometimes the location of a use may cause serious safety problems for pedestrians, cyclists and other highway users. In such cases planning permission may be refused unless a satisfactory design solution can be found.

2.60 To encourage the use of more sustainable forms of transport, increase safety for pedestrians and cyclists, and reduce the dominance of the private car in the public realm, the design and layout of new development should give priority to facilities for users at the top of the transport users hierarchy as set out in policy QL2. Further guidance on transportation and vehicle and cycle parking standards is contained in the Sustainable Transportation Chapter.

2.61 Ensuring adequate daylight, outlook and privacy is important for the amenity of occupiers. Good natural light is also important for health and energy efficiency. Guidance on incorporating functional needs, ensuring adequate daylight, sunlight and privacy and achieving high quality environments is contained in the Essex Design Guide for Residential and Mixed-Use Areas.

2.62 Detailed policies on accessibility and community safety are set out in the Safer and Healthier Communities Chapter.

Ensuring Compatibility of Uses and Minimising Environmental Impacts

2.63 All developments have the potential to impact on the environment by changing the appearance of land or buildings or affecting the activities that are carried out on a site. Policy QL11 is an overarching policy that sets out the principal concerns to ensure that potentially damaging impacts of development on its surroundings are minimised and that land uses are compatible.

2.64 Large scale proposals may require an Environmental Impact Assessment in accordance with relevant EU Directives, UK legislation and Replacement Structure Plan Policy BE7 (Minimising Pollution Impacts), and some will require Health Impact Assessments. In assessing the environmental implications of development, the Council will take into account the views and recommendations of the Environment Agency and any other bodies with a responsibility or expertise in environmental matters.

2.65 Policy QL11 seeks to ensure that land uses are suitably located and controlled so that their environmental impacts are compatible with neighbouring uses, the general character of an area and the amenities of occupiers of existing development. Detailed policies on conservation and environmental assets are contained in the Sustaining Our Environment Chapter. Contaminated and unstable land issues are dealt with in the Safer and Healthier Communities Chapter.

2.66 Many land uses have the potential to cause pollution through the release of substances into the air, ground or water or by noise, smell, dust, light, heat or vibration. The degree of disturbance or pollution which is acceptable will vary from site to site. For example, development such as floodlighting may be acceptable within a settlement, but can form an unacceptable urban intrusion into a rural area.

2.67 Some uses (such as general industrial uses) may generate light, vibration, noise and fumes and problems can arise if they are located in close proximity to uses such as housing, which are sensitive to disturbance. Equally, new development should not be located near to existing or committed uses which generate significant disturbance or pollution, or which handle hazardous substances, if people occupying the new development would be put at risk or be subjected to unacceptable nuisance. In this way, problems and conflicts between neighbours such as those giving rise to a statutory nuisance can be avoided. The main issues relating to potential pollution which may arise in applying Policy QL11 are set out in Chapter 5: Safer and Healthier Communitiesbelow.

2.68 In many cases the environmental impact of a development can be controlled and mitigated through physical measures such as landscaping or by site management such as restrictions on hours of operation or the range of uses which can be carried out. Planning conditions and appropriate legal agreements will ensure that problems and conflicts are minimised and a mix of uses can be provided.

Hazardous Substances

2.69 The Planning (Hazardous Substances) Act 1990 controls the presence of hazardous substances. The advice of the Heath and Safety Executive will be sought on the suitability of new development involving the storage, use or transportation of hazardous substances. Development will not be permitted where it would pose an unacceptable risk to people using the site or neighbouring land, or to the natural environment. Tendring District already contains a number of installations handling hazardous substances, including high pressure natural gas transmission pipelines. The advice of the Health and Safety Executive will be taken into account when considering proposals for new development in the vicinity of existing hazardous sites.

Approved Contaminated Land Strategy

2.70 The District Council’s Contaminated Land Strategy complements the planning process and provides a proactive system for the identification and remediation of land where contamination is causing unreasonable risks to human health and the wider environment. The inspection of the district as required by the approved strategy will identify areas of potentially contaminated land which may be developed or awaiting development. Where appropriate the Council may require suitable remediation of contaminated land to ensure that land is suitable for its intended future use.

Water Quality

2.71 Maintaining or enhancing the quality of surface, ground, river and sea waters and other water bodies is essential to protect nature conservation interests and public health. In the Tendring District maintaining the quality of inland water recreation facilities, river and sea waters is also vital for recreation and tourism. In consultation with the Environment Agency the Council will seek to ensure that water quality is safeguarded. Development will be resisted or strict controls imposed, where it could adversely affect water quality.

Statutory Air Quality Review

2.72 DEFRA Policy Guidance LAQM PG (03) “Part IV of the Environment Act 1995 - Local Air Quality Management” requires this District to carry out an air quality review to assess whether the statutory air quality objectives will be achieved and also ensure that air quality considerations are integrated within the planning development process. The current review of air quality was completed in 2000 and found that the air quality in the Tendring District was good and met all National Air Quality Objectives.

2.73 The Replacement Local Plan is an important part of an integrated strategy to achieve air standards and objectives by directing new development to urban areas where the need to travel by car is minimised and by promoting transport choices. The Plan also seeks to minimise the adverse impacts of air pollution by taking account of other emission sources such as industry and the location of developments that are sensitive to air quality.

Lighting

2.74 Light pollution can affect both urban and rural areas, but is a particular problem in the countryside where dark night skies are one of the special and intrinsic qualities of the rural landscape. Artificial lighting can obscure the stars, introduce an urban character into rural areas, affect the setting of Listed Buildings and other heritage features, intrude on residential amenity and affect wildlife. In determining proposals involving an external lighting scheme such as lighting for security or operational purposes, consideration will be given to the impacts on residential amenity, highway safety, the dark night sky, areas and features of historic or landscape importance and wildlife. Schemes should involve the minimum amount of lighting necessary to achieve its purpose and should minimise glare and light spillage from the site. Measures might be required to screen the lighting from neighbouring areas.

Noise

2.75 PPG24 on Planning and Noise sets out relevant considerations to be taken into account in determining planning applications for noise sensitive development. Noise generating and noise sensitive uses should not be located in close proximity, unless proposals incorporate mitigation measures to ensure that occupiers of noise sensitive development are not adversely affected.

Ensuring the Social, Environmental and Infrastructure Requirements of New Developments Are Met

2.76 Circular 05/2005 —Planning Obligations’ gives planning guidance to Local Planning Authorities highlighting the important role that planning obligations play in achieving sustainable development. The Planning Green Paper emphasises the important role appropriate planning obligations can play in achieving sustainable development. All forms of development should be supported by an appropriate range of infrastructure and public services. In some cases measures may be required to mitigate or compensate for adverse impacts or loss of natural resources. Where appropriate the District Council will seek planning obligations to ensure that the necessary social, environmental and infrastructure requirements and costs that arise as a direct result of new development are provided. Policy QL12 below builds on the general framework provided by Replacement Structure Plan Policy BE5 (Planning Obligations) to identify the type of provision the Council will seek through planning obligations.

2.76a The Council will seek planning obligations wherever they are fairly and reasonably related in scale and kind to the proposed development. Planning obligations will be sought under the provisions of Section 106 of the Town and Country Planning Act 1990 and based on national guidance given in Annex B of the Circular 051/200597 or subsequent legislation or guidance. Where appropriate the Council will consider using its ability to “pool” contributions for certain district wide facilities or pieces of infrastructure that become required as a result of the cumulative impact of developments. Further guidance on how this policy and other related policies will be applied to different forms of development is given in other sections in the Plan and in related SPDG.

2.76b For the purposes of Policy QL12 “legitimate planning purposes” will include any future “tariff” or “optional planning charge” based approach to planning obligations which may be introduced by the Government pursuant to such future legislation or planning policy guidance.

2.77 The Council will seek planning obligations wherever they are fairly and reasonably related in scale and kind to the proposed development. Planning obligations will be sought under the provisions of Section 106 of the Town and Country Planning Act 1990 and based on national guidance given in Annex B of the Circular 1/97 or subsequent legislation or guidance. Further guidance on how this policy and other related policies will be applied to different forms of development is given in other sections in the Plan and in related SPG.

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