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Housing Suitable for Disabled People with Disabilities

4.88   Ease of physical access into and around buildings, streets and other built features in town and country is a major element in the lives of people who have temporary or permanent mobility impairment. It is a core policy (QL10) of this Plan that all development should take into account the needs of elderly persons and people with disabilities. The importance of access to public buildings has been a statutory requirement on Local Planning Authorities since the Chronically Sick and Disabled Persons’ Act (1970). The Town and Country Planning Act (1990) now requires local planning authorities to draw to applicants’ attention that provision should be made for disabled persons using certain categories of development i.e. buildings used regularly by members of the public.

4.89   In 1999 further statutory controls were introduced in the Building Regulations (Part M), extending accessibility requirements to dwellings, so that street entrances into houses and their internal layouts are now covered by the Building Regulations.

Private Amenity Space

4.90   Different dwelling sizes and types provide accommodation for individuals and families with a wide range of expectations and need for private amenity space. “Private amenity space” comprises a private outdoor sitting area not overlooked by adjacent or opposite living rooms or outdoor sitting areas. It will therefore not necessarily always amount to the entire rear garden. Apart from its private recreation function, private amenity space is also important in achieving well laid out development.

4.91   Government guidance in PPG3 seeks to make the most efficient use of land, especially in locations with good access to public transport, employment, and other services through higher density housing schemes. This review of the Local Plan has provided an opportunity to re-examine the implications of these new standards for private amenity open space standards.

4.92   The standards set out in Policy HG9 can be applied to layouts that deliver a good quality built environment and efficient use of land. However, as with all development plan policies, circumstances may arise that warrant setting aside specific standards and these will be considered on a case by case basis. In assessing applications for new dwellings, the Council will consider whether permitted development rights for extensions and outbuildings should be withdrawn in order to control future development in the interest of retaining adequate private amenity space and preventing adverse impact on neighbours. For example, where a dwelling with a standard sized private amenity space is subsequently extended, by, for example, a conservatory, a shortfall would then occur. In these circumstances, the policy below is not prescriptive about what will be an absolute minimum garden size. However, other factors such as restricting the impact on neighbours, and size and scale of the extension relative to the original dwelling, will impose their own limitations on extension size on a case by case basis.

4.93   A particularly problematic area that occasionally occurs is where an existing dwelling with an already very small rear garden is proposed to be extended and further reduce the private outdoor amenity space. The Council is keen not to interfere in decisions of personal choice as to how a rear amenity space is used - whether for additional accommodation or as outdoor amenity. However, equally, it has a duty to ensure a wide variety of good quality housing is available. In some isolated cases, extended dwellings may result in very small gardens. Although future occupiers may consider such an arrangement an unsatisfactory living environment, these cases are very limited in number and thus substantial numbers of alternatives will remain. Some people may specifically choose a dwelling because it has a small garden. Also, these situations often arise where occupiers exert permitted development rights. Therefore, the Council does not propose to include an absolute minimum garden size where extensions are proposed to dwellings erected prior to, or not in accordance with, these standards. As already indicated, other factors such as impact on neighbours, or size and scale, will provide effective limitations to prevent harm being otherwise caused.

4.94   It is important that private amenity space is a useable space appropriate to the size of the dwelling, its surroundings and adequately screened to ensure privacy. Side gardens can contribute to the private amenity space calculation if extending at least 3 metres from the dwelling and screened by an eye-level fence or other barrier. The Essex Design Guide for Residential and Mixed Use Areas (1997) provides additional guidance on private sitting out areas and garden sizes and has been adopted by the Council as SPG.

4.95   The following private amenity space standards will not be applied to sheltered housing schemes. In such cases, schemes will be expected to include attractively landscaped garden area accessible to all residents.

Conversions to Flats and Bedsits

4.96   PPG3 advises local planning authorities to provide for the housing needs of all sections of the community in integrated housing solutions. This will include small, flatted units and bedsit or studio flats.

4.97   Apart from new build, one way of providing this type of accommodation is through the sub-division of existing family sized dwellings. However, the need to secure an appropriate balance in housing mix includes ensuring that sufficient suitable accommodation is available for young families and others requiring a modest home with a garden. Smaller family homes are in high demand because they represent a more affordable option for first time buyers and young families with children. Accordingly the Council is concerned not to reduce the stock of smaller houses, which are an important source of existing accommodation for first-time buyers and small households, a segment of the housing market expected to increase in size.

4.98   The Council therefore considers that single-family dwellings having a gross floor area (as originally constructed) of less than 110 square metres should be retained for that purpose. Applications for conversion of these smaller dwellings will therefore normally be refused planning permission. Gross floor area will be measured between the external faces of the external walls of a property excluding any garage space. For the purposes of Policy HG10, “original dwelling” means the dwelling existing on 1 July 1948 or, if built after that date, as so built (Article 1 Town and Country Planning (General Permitted Development) Order 1995).

4.99   Conversions of single dwellings to flats or bedsits give rise to particular development control issues. These are considered in further detail below and, in addition to a size threshold for conversion, will be the key determinants for planning applications.

4.100   The effect of a number of changes from single dwellings to multiple units in a street over a period of time can progressively change its appearance and character for the worse. Gardens may no longer be so well cared for or the external standards of maintenance of buildings not kept up whilst the increased use of upstairs rooms as main living rooms may adversely affect the amenities of neighbours.

4.101   In the light of these factors, and others referred to elsewhere in this section, the Council will take into account the likely impact of sub-division proposals on the character of an area, particularly arising from intensification in the use of a property. The character of those residential frontages remaining entirely in single family occupation will be especially protected. From past experience the Council has found that once conversions are allowed within a frontage, especially a terrace, further conversions are difficult to resist and the character of the area adversely changes.

4.102   Where the proposed conversion of a property is entirely to bed-sitting rooms, the Council considers that there is likely to be a significantly greater level of activity both on and around a site, with increased numbers of callers and disturbance to neighbours. The result would be a generally undesirable intensification of use to a degree that is likely to cause unacceptable impact on neighbours. Also, it is considerably more difficult to achieve a layout that would reduce potential noise disturbance between units to an acceptable level. Whilst it is accepted that one bedsitting room within a property may sometimes make the best use of available space, the Council will generally encourage the provision of self-contained flats comprising a separate lounge, kitchen, bedroom(s) and bathroom facilities.

4.103   Key to retaining character is the external appearance of the resultant dwellings.
Policy HG10 aims not only to safeguard the external appearance of existing dwellings proposed for conversion, but also other buildings that retain the essential character and appearance of dwelling houses. This would include previous conversion from a dwelling to flats for a smaller number of units or to offices. In this regard, conversion proposals should ensure that:-

a)   the entrance doors to all units within the property are contained behind a single external front door. Exceptionally more than one external entrance door may be permitted where this would not materially adversely affect the external appearance of the property or adversely affect the amenities of residents.

b)   the existing elevational character of the property is retained. The provision of an external staircase will not be permitted where it would materially detract from the character or appearance of the property or the locality or cause overlooking of neighbours.

4.104   Where the conversion to flats or bedsits additionally involves proposals for extensions, such extension works will be determined in accordance with both normal residential design considerations and this policy. However, when flat conversion schemes involve large extensions to dwelling houses, these will not normally be considered acceptable. A significant change in the character and appearance of the dwelling house usually results and, if permitted, would lead to a greater intensity of use, with the associated planning problems highlighted above.

4.105   Proposals should meet the Council’s car parking standards. The Council will resist parking solutions that detrimentally affect the appearance or character of the street, by for example removing walls covering a substantial part of the front garden with hard surfacing without any visual relief to compensate. Where front gardens are replaced by hard surfaces and vehicles, the harmony and continuity of the street frontage is often interrupted and the amenities enjoyed by residents can suffer.

4.106   Also, the extensive dropped kerb normally required where more than one forecourt space is proposed reduces available on-street parking space which can cause parking problems for other residents and visitors. The Council will therefore have regard to the existing extent of on-street car parking. In streets where overnight on-street parking is effectively at capacity, the Council will resist proposals which would be likely to worsen the situation in terms of highway safety or residential amenity.

4.107   Accordingly, further forecourt parking arrangements for flat conversions will only be allowed where other appropriate parking and access arrangements are not available, and where any resulting potential loss of on-street parking would not be critical. Furthermore, such proposals will be subject to a suitable landscaping scheme to minimise the impact on a street’s character and residential amenities. In particular, any design for parking in front gardens should maintain as much sense of enclosure as is practicable through the retention of existing walls and fences, the provision of gates and by generous planting to help screen vehicles.

4.108   Most commonly, appropriate off-street parking for flat conversions will be to the rear of dwellings, wherever this is practicable. The main considerations in such cases will normally be the amount of private amenity space remaining, the effect on any features of biodiversity value including important trees and the suitability of the proposed access, including any likely effects on the amenities of adjoining residents through noise or disturbance from traffic entering and leaving the parking area.

4.109   The desirability of each flat having reasonable access to a private amenity space will mean that mid-terraced properties may be unsuitable for flat conversions. For other proposed conversions it may be necessary in some instances to require the erection of a screen fence between rear ground floor windows and the amenity space to provide some element of privacy from other occupiers of the property using the amenity space. It is important that residents have access to an area where there is sufficient space for clothes drying facilities, refuse bins and a general sitting out area. Refuse storage facilities should be easily accessible for collection and located so as to avoid odour nuisance to residents. Their siting and design should not detract from the character and appearance of the area.

4.110   Complaints from residents regarding noise disturbance arising from converted flats and bedsits are frequently attributable to poor or non-existent sound insulation or poor layout. To minimise noise disturbance between flats, or to adjoining dwellings, the layout of each proposed unit should be planned so that rooms likely to generate significant noise, such as a lounge, are not adjacent either vertically or horizontally to noise sensitive rooms i.e. the bedrooms of a neighbour. Sound insulation details should accompany any proposals for such conversion work.

4.111   Outside of the development boundary of defined settlements, proposals for the conversion of dwellings into more than one unit of residential accommodation need to be considered in the context of the general restraint on development unrelated to countryside activities. Accordingly, such proposals should be subject to the same consideration as other proposals for additional dwellings for general housing in the countryside. Where extensions are proposed as part of conversions, regard will also be had to Policy HG12 on dwelling extensions.

Residential Conversions of Upper Floors over Shops and Offices

4.112   Where opportunities exist to use vacant upper floors over shops and offices in town centres to provide new self contained flats this will be encouraged. More residential units in town centres add colour to commercial areas outside normal business hours, assist in increasing the housing stock close to central facilities, and provide uses for otherwise often vacant floorspace. Also such residential use of upper floors in shopping centres can be important in providing viable second uses for commercial buildings in conservation areas and for Listed Buildings.

4.113   This positive approach to residential uses over shops is now reflected in the General Permitted Development Order (1995) which permits changes of use to a single flat of premises over ground floor uses within class A1 and A2 of the Town and Country Planning (Use Classes) Order. Where planning permission is required, the Council recognises that flats over shops are a positive tool that can be used to promote mixed use development encouraged by Government Guidance in PPG3. Whilst space in town centres is often at a premium, pProposals for residential conversions of upper floors over shops and offices should comply with the Council’s adopted car parking standards wherever possible. However, the Council acknowledges that Government advice supports the adoption of a flexible approach to car parking with these proposals, especially where public transport links are good and on-street parking can be effectively controlled or otherwise occur in a safe manner.

4.114   Residential uses over Class A3 and A5 uses – restaurants, cafes and hot food takeaways and restaurants - can be a cause of conflict leading to an unsatisfactory living environment. This will especially be the case where the adjoining A3 or A5 use is operating late into the evening or the site operates without the benefit of planning conditions to adequately control the emission of cooking fumes and odours. In addition to other criteria, residential uses over A3 or A5 uses will only be permitted where that A3 use is restricted from late night opening and there is satisfactory control over the long term use of odour and fume extraction equipment.

4.115   Residential conversions of upper floors will need to provide an acceptable standard of accommodation, include a satisfactory scheme for sound insulation and have a proper means of access and escape in accordance with the Building Regulations. Accordingly, applications for the provision of external staircases to enable upper floors to form separate, self-contained flats will generally be welcomed provided that the means of access is well designed and there is no loss of amenity to adjacent property particularly in residential areas. However, the provision of external staircases may not be acceptable in certain circumstances within Conservation Areas and particularly in relation to the character and appearance of Listed Buildings.

Dwelling Extensions

4.116   The Council accepts the need for extensions to accommodate growing families and provide modern amenities and that these extensions can contribute to making the most efficient use of land as required by PPG3. However, proposals must be in keeping with the original dwelling and need to ensure that they do not cause harm to local amenities. Unduly large extensions can adversely affect the amenities of neighbours through appearing overbearing, creating overlooking or a loss of sunlight or daylight, or result in a building out of scale and character with its surroundings, sometimes with the rear garden reduced to an unacceptable size.

4.117   It is important that careful consideration is given to the detailed design elements of the proposal. Matching materials will normally be required, but in some instances clearly contrasting materials and design can give a good sense of articulation to the dwelling as well as preserving the integrity of the original building, particularly if it has special local character.

4.118   Other considerations include whether the proposal would result in the dwelling having a cramped appearance in the street scene or create adverse effects upon existing access or parking arrangements, sometimes leading to a problematic increase in instances of on-street car parking. For proposed dwelling extensions over 4 metres in height, the Council will have regard to Policy HG14, Side Isolation, aimed at avoiding cramped development by side boundaries.

4.119   Providing accommodation for elderly relatives in need of care within an “annexe” to an existing dwelling house is generally accepted as a special circumstance, such as where the sub-division of the existing dwelling would be inappropriate. However, the Council will normally require a legal agreement to be signed by applicants with the aim of preventing such accommodation being occupied as a separate dwelling unit.

4.120   In addition, the position and design of a proposed annexe will require careful consideration. It should be well proportioned and capable of being utilised eventually as part of the accommodation of the existing dwelling without any structural alteration. Arrangements such as a proposed separate entrance, sub-division of the plot or other changes which could give the appearance or imply the establishment of a separate dwelling unit will not be acceptable. Alternatively, such arrangements will be treated as an application for a separate dwelling and determined accordingly.

4.121   For dwelling extension proposals generally, core design Policies QL9 and QL10 provide the main policy framework against which applications will be determined.

Extensions to or Replacement of Dwellings Outside Settlement Development Boundaries

4.122   As part of a sustainable development approach in an area of development restraint, the general emphasis in relation to existing houses outside settlement development boundaries should be on housing improvement rather than on their replacement. An individual dwelling often has a greater relative impact on its setting particularly when located in the countryside compared to a site within a town or village development boundary. Moreover, extensions are often disproportionately large compared to the original dwelling whilst new buildings involve a replacement greater in size than an existing dwelling which has itself already been previously enlarged. This can result in:

• dwellings that are out of scale and character both with their surroundings and the original dwelling;

• a change in the nature of the rural housing stock, with the loss in particular of smaller houses in rural areas;

• an adverse cumulative effect on the appearance and character of the countryside through an increasing proportion of large houses;

• the demolition of basically sound rural housing; and

• a gradual increase in the general level of activity in the countryside unrelated to the needs of agriculture or other appropriate rural uses.

4.123   Accordingly whilst Core Policies QL9 and QL10 provide the main policy for considering redesign of all development including replacement dwellings and extensions, proposals in the countryside do warrant additional considerations which need to be taken into account.

4.124   In considering the relationship of an extended or replaced dwelling to both its local setting and the wider landscape the intention should be to ensure that the proposal will not be visually intrusive. Where the siting or appearance of the existing dwelling is such that it does have a detrimental impact visually, any extension or replacement should seek to lessen this impact. Extensions can seek to balance or add interest to the appearance of a dwelling whilst for replacement dwellings this could be achieved through more careful siting within the curtilage, sympathetic design or landscaping as appropriate in relation to its surroundings. The aim should always be to improve on what has existed previously. For example, replacement dwelling proposals should rectify any existing problems such as drainage or access.

4.125   Part of the character of rural areas comes from the vernacular architecture and diversity of the housing stock. The Council considers that this character would be gradually eroded if replacement dwellings in the countryside were to be allowed when existing dwellings which contributed to local character, are still sound and capable of providing satisfactory and comfortable living accommodation with basic amenities through appropriate refurbishment or enlargement. Accordingly in the countryside there should be greater emphasis on seeking the improvement of the existing housing stock rather than replacing existing dwellings.

4.126   Where an existing dwelling has previously been demolished or abandoned, it is not considered that a case for a replacement housing need has been demonstrated. Neither will proposals to replace mobile homes with permanent housing be supported because the Council would not wish to see a consolidation of residential uses in the countryside in locations where new dwellings would not normally be permitted. A permanent dwelling would usually be larger and higher than a mobile home and thus more prominent visually in the landscape. Also any building subject to an application for replacement will need to have a lawful use as a dwelling house to avoid shacks, caravans, railway carriages and the like being replaced with permanent housing.

4.127   A recognised function of planning control is to restrict development in rural areas outside settlements and to protect the countryside for its own sake. Both large extensions or a number of extensions to a dwelling in the countryside over a period can have an cumulative detrimental visual impact both on the host building and its setting.

4.128   Accordingly, previous enlargements through extensions and alterations will be taken into account in considering what is proposed compared to the original dwelling. Extensions should be in proportion to the original dwelling and its site, and have a minimal impact on the appearance and character of the countryside. Sensitively designed and well-related extensions beyond permitted development tolerances that directly, or potentially, increase bedroom accommodation will be permitted if associated with the provision or improvement of basic amenities.

4.129   It is part of the rural character of the countryside that individual dwellings, forming parts of hamlets are often spaced widely apart creating a spacious open appearance. Where this character still exists, the Council will resist extensions that would close gaps between buildings, particularly if a precedent could be set for other similar proposals in the locality.

4.130   For the purposes of Policy HG12 below, “original dwelling” means existing on 1 July 1948 or, if built subsequently, as built. This is in order to provide a necessary reference point for considering cumulative enlargements. Reference to an “existing permanent dwelling” is not intended to include plotland development which is specifically covered by Policy HG20.

4.131   Therefore the District Planning Authority considers that extensions to or replacement of dwelling proposals outside settlement development limits should be subject to Policy HG12 below.

Backland Residential Development

4.132   “Backland” development is, for the purposes of the Policy, defined as the proposed erection of one or more dwelling houses on a parcel of land:

a)   which lies generally behind the line of existing frontage development;

b)   has little or no frontage to a public highway; and

c)   which would constitute piecemeal development in that it does not form part of a large area allocated for development.

4.133   Typical sites include the back gardens of existing dwellings, smallholdings, yards, or small vacant sites. The District Council is committed to making effective use of land within existing built-up areas, in accordance with PPG3, and this is reflected in the policies and objectives set out elsewhere in this Plan. However, clearly this should always be achieved through the development of sites well related to existing development and by schemes which would integrate well with their surroundings. It is often difficult to achieve this on backland sites and such sites also normally have restricted access potential. Consequently only in particular circumstances with careful planning and good design may such sites be acceptable for residential development. As such, whilst Policy HG13 reflects Adopted Replacement Structure Plan Policy BE1 (which emphasises that “new development in all urban areas which results in over-development, unsympathetic change, and loss of amenity will not be permitted”), it seeks a positive criteria-based solution to the issue of development of backland sites.

4.134   The combination of location, restricted access and relative intensity of residential use of many backland proposals would often undermine the established character of an area if permitted, especially if similar schemes were to be repeated elsewhere in a locality. Smaller dwelling plots appearing cramped relative to their surroundings, the fragmentation of established gardens with a loss of mature landscaping, and the infringement of neighbouring residents’ amenities are all unacceptable effects which can result from this type of residential development. Development behind an established building line can also often appear incongruous, particularly isolated dwellings.

4.135 Privacy, potential overlooking and disturbance can sometimes be protected by stipulating single storey development well separated from existing buildings with appropriate screen walls, fencing and landscaping. However, single storey development may not always be in character with the area. It may also unreasonably reduce the space left available for an existing dwelling in terms of private garden area, access or parking arrangements. Furthermore, the rear of a dwelling and its quiet “back garden zone” may lose seclusion and privacy which cannot merely be preserved by preventing direct overlooking.

4.136   In judging whether or not a loss of garden area would leave existing adjoining dwellings with acceptable private amenity space, the District Planning Authority will have particular regard to Policy HG9 and to the existing character of the area in terms of space about buildings.

4.137   There must be proper means of access to backland development, which is safe and convenient for both drivers and pedestrians, with a turning area where necessary to avoid the need for vehicles to reverse onto a public highway. A proposed access should also avoid excessive disturbance or loss of privacy to neighbouring residents through, for example, an access drive passing unreasonably close to an adjoining dwelling. Its likely frequency of use by vehicular traffic and the suitability of the access for service vehicles and the emergency services will also be relevant material considerations.

4.138   “Tandem” development consists of rows of dwellings immediately behind an existing residential frontage served by shared access ways. It is generally unsatisfactory because of the difficulties of access to the dwelling at the rear and the disturbance and lack of privacy suffered by the residents of the dwelling in front.

4.139   It is generally unsatisfactory because of the difficulties of access to the dwelling at the rear and the disturbance and lack of privacy suffered by the residents of the dwelling in front.

4.140   The need to develop a site comprehensively in association with adjoining land can be particularly important if a large site can potentially and realistically be created for development which would accord with local planning policies and the surroundings notwithstanding that such adjoining land may not immediately be available.

4.141   Edge of settlement sites can be especially sensitive to backland proposals. In such locations existing development is often relatively low density in character with established spacious or long rear gardens providing an important mature landscaped buffer between existing development and the adjoining countryside. Accordingly, in such locations backland development proposals presenting a hard urban edge or otherwise likely to be out of character in their particular settings will not normally be appropriate.

Side Isolation

4.142   Policy HG14 below is intended to amplify Adopted Replacement Structure Plan Policy BE1 in ensuring that new development does not result in “over-development, unsympathetic change, and loss of amenity”. The District Planning Authority considers that the side spaces created between buildings are of the utmost importance in areas of medium and low density housing. In such areas, development up to a common side boundary normally appears cramped, often creating an unbalanced terraced effect. Indeed, in many locations even the minimum one metre side isolation space between a dwelling and the side boundary of the site, as specified in the policy, would appear unsatisfactory visually. In such instances larger side isolation space will be required.

4.143   Not only is the appearance of a particular dwelling group marred by the over-development of individual properties, but over time an accumulation of extended dwellings to side boundaries can lead to a deterioration in the character of an area through loss of visual breaks in the built frontage.

4.144   A further reason for maintaining an appropriate side isolation space is to ensure that the impact of residential development on the amenities of adjoining residents is of an acceptable level, without new structures or buildings appearing too close and over dominant, or resulting in overlooking and serious loss of aspect, or daylight. Moreover, if an adjoining plot is undeveloped, to allow buildings up to the common boundary could prevent the satisfactory development of the adjoining site at a later date and prejudice the amenities of future neighbours.

4.145   The policy will normally apply as measured between the external flank wall of the proposed dwelling or extension and the side boundary of the property. However, the implications of any proposed significant roof overhang beyond that required to provide roof drainage, will be taken into account in assessing the appearance of the dwelling in the street scene and its relationship to an adjacent property or plot. The reference to over 4 metres in height reflects the fact that the General Permitted Development Order 1995 specifies that planning permission is required for dwelling extensions over that height and within 2 metres of a property boundary.

4.146   From a practical standpoint this Policy also provides for the proper construction, maintenance and repair of a property from within its own curtilage. In providing for reasonable living conditions it is also important to ensure a sufficient side gap to allow appropriate access to rear service yards and gardens.

4.147   This side isolation policy has to be related to the circumstances of each proposal, but is a normal requirement unless there are exceptional features that would allow it to be relaxed in a particular case. This might include for example proposals within a conservation area, the character of which is enhanced by continuous facades of buildings.

Control of Ribbon Development and Infilling in the Countryside

4.148   Ribbon development typically forms long fingers of development alongside main roads leading into the countryside. Its visual impact upon the open character of the countryside is far greater than for other more carefully planned locations. The extent of ribbon development built before the introduction of planning controls is considerable. It has resulted in the actual or near coalescence of settlements and a general erosion of part of the open character of the countryside that lies between settlements. Examples of this form of development are found along the B1441 from Weeley into Clacton, from Point Clear and St. Osyth into Clacton on the B1027 and from Thorrington Cross to Brightlingsea on the B1029. Infilling development, which occurs between gaps within existing groups of isolated dwellings, raises similar issues.

4.149   The Council has consistently and successfully resisted proposals that would exacerbate these forms of development. Government guidance in PPG7 states that the countryside should be protected for its own sake and that building in the open countryside, away from existing settlements or from areas allocated for development, should be strictly controlled. However, the guidance also indicates that sensitive infilling of small gaps within small groups of houses, or minor extensions to groups, may be acceptable. The advice acknowledges that much will depend on the character of the surroundings and the number of such groups in the area.

4.150   Most ribbon development and all isolated development sites do not represent sustainable locations for new housing development because they are in locations remote from services such as shopping, education and health. New residential development lacking reasonable access; a maximum of 10 minutes walk (800m) to key rural facilities such as a primary school, local food shop or village hall would result in more car-borne journeys, potential social exclusion and the consolidation of housing in unsustainable and isolated locations.

4.151   The Council will seek to ensure that any proposals for the infilling of small gaps within groups of housing in the countryside, including ribbon development locations, does not result in development that detracts from the rural character and appearance of a locality. Similarly, gaps in small groups of dwellings can make an important contribution to local character and the impact of the loss of these gaps will be carefully assessed. A further area of concern is that ribbon development is often located on busy roads linking the main settlements of the District. This can result in slow, turning and manoeuvring traffic that can be detrimental to highway safety.

4.152   For the purposes of policy HG15, infilling is defined as the filling of small gaps within existing linear or small groups of housing in the countryside. A gap is normally regarded as small if it is capable of accommodating no more than one dwelling. It follows from this that the Council will not permit the extension of ribbon development or small dwelling groups into open countryside, by, for example, additional dwellings added to the end of existing frontages. In accordance with Government guidance and Structure Plan policies, such development will only be permitted where it can be demonstrated that an exception should be made to the restrictions on new development outside defined settlements.

Garden Extensions into the Countryside

4.153   An increasing number of planning applications are being made to extend gardens into adjoining farmland. These proposals can raise important concerns regarding the impact upon the landscape. The typical character of an urban, or rural, back garden is quite different to the open landscape that surrounds the built up areas. The Council’s primary concern is the protection of this open character, and the value of the landscape, for the benefit of all residents of the district. It is also important to protect the best and most versatile agricultural land from unnecessary development. Structure Plan policies and the Government’s planning advice in PPG7 support this.

4.154   If not carefully controlled, extended garden areas could significantly undermine the character of rural areas by introducing an urban, residential type of land use. However, there are circumstances where modest garden extensions, to infill natural gaps for example, may be acceptable and can be carried out without adverse impact on the landscape. Policy HG16 therefore aims to enable the Council to consider each proposal on its specific merits but with special attention being given to landscape impact and the impact on the amenities of neighbours. The Council may impose conditions removing Permitted Development Rights for buildings within the new area of garden to prevent it being covered by garden structures and fixtures such as sheds and fences.

Agricultural Workers Dwellings

4.155   Policies in the Structure Plan, and proposed elsewhere in this Local Plan, indicate that new housing should be limited to existing settlements and that sporadic isolated housing development in the countryside will be resisted. However, an exception to these normally restrictive policies on new housing development in the countryside can be made where a dwelling is essential to agricultural or forestry operations.

4.156   Policy C5 of the Replacement Essex Structure Plan 2001 indicates that protection for the countryside will be achieved by the restriction of new buildings to that essential to support agriculture, forestry or other rural uses. In addition, Government guidance in PPG7 indicates that One of the few circumstances in which isolated residential development in the countryside may be justified is when accommodation is required essential to enable farm or forestry workers to live at or in the immediate vicinity of their place of work. “Agriculture” is defined in S336 (1) of the Town and Country Planning Act 1990. “Forestry” is similarly defined in S.1 and 9 of the Forestry Act 1967.

4.157   PPG7 The Government’s Advice contained in PPS7 – ‘Sustainable Development in Rural Areas’ further indicates that whether a dwelling is essential for agriculture or forestry will depend on the needs of the enterprise concerned and not on the personal preferences or circumstances of any of the individuals involved. This advice indicates that although demand for new residential development in the countryside remains high, much is speculative and stems from applicants seeking to exploit the physical or financial advantages of a new house in the countryside. It is, therefore, essential that all applications for planning permission for new agricultural or forestry dwellings are scrutinised thoroughly with the aim of detecting attempts to abuse the concession that the planning system makes for such dwellings.

4.158   The applicant, in any proposal for a permanent agricultural or forestry worker’s dwelling, will be required, under Policy HG18 below, to demonstrate a long-term need for an agricultural worker’s dwelling with regard to the detailed requirements of the “functional” and “financial” tests contained in Annex A of PPS7. These tests are designed to determine firstly whether there is a clearly established existing functional need for the dwellings and secondly whether the enterprise concerned is financially sound and has a clear prospect of remaining so.Advice on how applications will be assessed, and the level of detailed information that applicants will be required to submit is given in Annex I of PPG7. In particular, applicants should note that the advice indicates that under conventional modern methods of forestry management, which use a largely peripatetic workforce, a new forestry dwelling is unlikely to be justified except perhaps to service intensive nursery production of trees.

4.159   Where the business is less than 3 years old, temporary units of residential accommodation such as mobile homes may be considered acceptable, subject to the other considerations indicated in Annex A I of PPG7 PPS7. The Council’s approach to temporary dwellings is considered in Policy HG17 below.

4.160   Where in principle either a permanent or temporary agricultural/forestry workers dwelling is considered acceptable, the Council will expect that the detailed elements of the scheme, including siting, design and size will ensure that the impact upon the landscape is minimised. For example, a new dwelling could be best situated adjoining existing groups of farm buildings or within natural hollows in the landscape. Locations adjoining existing woodland may also help reduce the visual impact of a dwelling. To avoid creating a new access onto rural roads, the Council will normally expect new dwellings to be served from existing vehicular entrances. The removal of a hedgerow to enable highway junction improvements will have an adverse effect on rural character and the landscape. If an alternative access which would overcome this problem is not available, this would normally indicate that the proposed location for the dwelling is unacceptable.

4.161     Regard will be had to other buildings in the locality that may, for example have been suitable for conversion to dwellings and have recently been sold separately from the holding concerned. In future, and to reinforce this point, the Council will ensure that any permanent dwellings are tied to the agricultural/forestry unit for which it is required. Where, for example, there are dwellings, or buildings suitable for conversion to dwellings, that have recently been sold separately from the holding concerned, this would constitute evidence of lack of agricultural need. Government guidance in PPG7 is that this intention can be achieved through the use of planning obligations to prevent ownership of the relevant holding and the dwelling being severed, thereby ensuring that applications for “free standing” dwellings, that would not otherwise have been permitted, do not arise.

4.162   Permanent agricultural/forestry workers dwellings will also be subject to conditions to remove permitted development rights for extensions and outbuildings. This is because proposed extensions could result in a dwelling where its size exceeded what could be justified by the functional requirement. This could affect the continued viability of maintaining the property for its intended use given the income that the holding can sustain.

4.163   Applications to relax occupancy conditions and legal agreements will only be granted in exceptional circumstances. The Council recognises that changes in the scale and character of the farming and forestry industries may well affect the longer term requirement for dwellings in the countryside where these were built with an “occupancy” condition. The Council would not wish to seek to keep these unnecessarily vacant or oblige existing occupiers to remain in occupation simply by virtue of a planning condition that has outlived its usefulness.

4.164   Nevertheless, an applicant must be able to demonstrate convincingly that the need for that agricultural/forestry workers dwelling, both for the relevant farm and in the broader locality, no longer warrants its reservation for that purpose. Reasonable efforts must be shown to have been made over a period of at least 12 months to dispose of the property either by sale or rent at a discounted rate that would enable its occupation by a local farm worker or retired farmer. The Council would expect demonstrable evidence to be provided of marketing activity through appropriate mediums including how many responses would have met the terms of the original occupancy condition.

4.165   In addition in demonstrating that there is no long term demand for an agricultural or forestry workers dwelling on that particular unit or in the locality, evidence of what change of circumstance has removed that demand would need to be provided.

4.166   Three policies follow; firstly, for temporary, re-locatable, agricultural/forestry workers dwellings; secondly, for permanent agricultural/forestry workers dwellings; and lastly, for applications to relax occupancy conditions.

* Details of the functional and financial tests are set out in Appendix A of PPS7.

Plotland Development

4.167   In various parts of the District, especially in coastal locations in the vicinity of Wrabness, Point Clear and St. Osyth, there are numerous plots of land that were laid out and sold for holiday homes during the inter-war years. Many of these plots remain undeveloped, but others contain a variety of development ranging from holiday caravans to permanently constructed dwellings.

4.168   Development at these plotland sites would, if permitted, represent sporadic piecemeal development outside defined settlements. Many are located in remote and isolated places with no convenient access to local services and facilities and often have very poor vehicular access. Any spread of permanent housing in such locations would be in direct conflict with Structure and Local Plan policies for the general distribution of housing and protection of the countryside, as well as the Government’s approach to sustainable development. This means that planning permission will not be granted for new dwellings on undeveloped plotland sites.

4.169   Whilst other policies adequately address the issue of new dwellings in the countryside, Policy HG20 provides the necessary policy context for considering extensions to and replacement of plotland development. The plotland areas are defined on the Proposals Map and Proposal Map Insets as appropriate and, additionally, in the case of Wrabness Beach, Lee-Over-Sands and Seawick, St.Osyth, in Diagrams 1, 2 and 3 to show those small plotland areas more clearly.

4.170   As well as being poorly located for local services and other infrastructure requirements, it is recognised that many of these plotland dwellings, whether used as permanent or holiday accommodation, offer substandard living accommodation. Lawful dwellings will have “permitted development rights” to build extensions and it is considered that this will be sufficient to enable provision of all essential facilities. In a number of cases, due to the very small size of some chalets, their curtilages, and the space between chalets, even “permitted development” allowances can result in cramped development. The purpose of these restrictions is therefore to ensure that the impact on the landscape and the open character of the countryside is minimised and to protect residential amenity. Also, limiting the size will help control the demand on local services and infrastructure in generally unsustainable locations. Therefore extensions over and above permitted development tolerances, and thus requiring planning permission, will not normally be permitted.

4.171   As with the replacement of other dwellings in the countryside outside the defined development boundary of settlements (Policy HG12), the Council will only allow replacement plotland dwellings to be erected where they replace lawful dwellings and the use of the dwelling has not been abandoned. With the exception of Wrabness, which is considered below, the volume of the replacement dwelling should not exceed the original dwelling volume added to the volume permitted for extensions to a dwelling under Schedule 2, Part 1 Class A of the Town and Country Planning (General Permitted Development) Order 1995 (the enlargement, improvement or other alteration of a dwelling house). Outbuildings or unauthorised extensions to the dwelling will not be included in any volume calculations. “Original dwelling”, for the purposes of the policy, means the dwelling existing on 1 July 1948 or, if built after that date, as so built (Article 1 Town and Country Planning (General Permitted Development) Order 1995).

4.172   At Wrabness, there are a large number of chalets and a number of these are very small. This attractive part of the Stour Estuary is particularly isolated from services and also forms part of an area which the Council is seeking designation as an extension to an AONB. Therefore, any new development in this locality is particularly sensitive. To ensure that the impact of new development is limited, the Council will restrict the increase in volume of a replacement dwelling to 50%, or permitted development tolerance, whichever is the lower. Replacement of previously extended dwellings at Wrabness will be limited in size to a like-for-like volume and floor area and permitted development rights for subsequent addition will normally be removed by condition.

4.173     In all areas, to ensure a minimal impact on the landscape and open countryside, the replacement dwelling must be single storey and have a shallow pitched roof such that the internal height of the roof space does not enable it to be used for residential accommodation. The exception is the Seawick area of St. Osyth where replacement of existing flat roofed dwellings should also have flat roofs. For all localities, the siting of replacement dwellings within the plot should aim to minimise impact upon the open countryside and surrounding landscape. Where the existing dwelling is subject to an occupancy condition restricting its use to holiday purposes, this requirement will be re-imposed on any new dwelling.

4.174   Replacement of temporary or re-locatable buildings, including caravans, with permanent dwellings will not be allowed. The extra demand on the local infrastructure and services created by a permanent dwelling, including those used only for holiday purposes, in these isolated locations is not considered a sustainable option for housing provision. As stated above for vacant plots, new permanent housing should be located in existing settlements.

4.175   Holiday dwellings are generally substandard for permanent occupation and often do not meet the normal requirements for permanent residential development in terms of private amenity space, off-street car-parking and access. For these reasons the removal of planning conditions that prevent all year occupancy will not normally be allowed (See Policy ER20).

4.176   In areas of known flood risk, an assessment shall be carried out in accordance with Policy QL3 that may require the provision of appropriate means of refuge to a higher level.

Residential Mobile Homes, Static Caravans and Houseboats

4.177   Proposals for residential mobile homes and static caravans for residential occupation, including mobile home parks, will be treated in a manner consistent with policies for the general location of housing, with particular regard to the need to contain new housing development to existing settlements and the sites identified in this plan as suitable for future housing. However, the District Planning Authority recognises that there are a small number of established residential mobile home parks outside of the development boundaries of settlements and that these contribute to the provision of low cost accommodation for small households.

4.178   A similar approach to mobile homes and static caravans will be taken for houseboat proposals in the District. Each of these types of accommodation have very similar land use implications to permanent dwellings, such as demand on infrastructure and need for access to local services, and are therefore treated as such.

4.179   The Council also recognises that special personal circumstances such as the need for a residential caravan as temporary accommodation whilst building work on a dwelling takes place may exceptionally warrant a temporary or personal planning permission being granted. A similar special exception may be made to temporarily provide additional accommodation within the curtilage of a dwelling for elderly relatives needing care. In these cases particular attention will be given to ensuring that the location of the home has least visual impact on the locality and minimal effect upon the amenities of adjoining residents.

DIAGRAM 1: PLOTLANDS AREA WRABNESS BEACH

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DIAGRAM 2: PLOTLANDS AREA LEE-OVER SANDS, ST.OSYTH

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DIAGRAM 3: PLOTLANDS AREA ST. OSYTH

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4.180   Mobile homes and permanent buildings that are used for holiday purposes are considered in the Strengthening the Economy and Promoting Regeneration Chapter of this Plan.

Gypsy Caravan Sites

4.181   The Court of Appeal, and subsequently Circular 18/94, have defined gypsies as persons who wander or travel for the purpose of making or seeking their livelihood. Gypsies do not include members of an organised group of travelling show people, or persons engaged in travelling circuses.

4.182   Gypsy caravan sites may be provided by the public or private sector. Between 1968 and 1994 County Councils were under a duty to provide caravan sites for gypsies residing in or resorting to their area and had access to special funding. The duty was repealed in 1994 although local authorities still have a discretionary power to provide caravan sites under the Caravan Sites and Control of Development Act 1960.

4.183   Government advice (Circular 1/94), recognises that in general planning terms rural or semi-rural settings may often be appropriate locations for sites for gypsies but that care needs to be taken not to undermine countryside policies, such as by avoiding open countryside locations.

4.184   The Circular refers to three types of sites for gypsies: sites for settled occupation; temporary stopping places; and transit sites. It advises that private sites for settled occupation are generally small, accommodating pitches for individual or extended families. Temporary stopping places and transit sites may also be small, although not always.

4.185   There are no permanent large local authority or privately managed gypsy caravan sites, short- term stopping places or transit sites in the District. However there is seasonal demand for temporary accommodation especially during the summer months when gypsies seek work in the coastal settlements of Tendring. The County Council recognises a need for accommodation within the District.

4.186   The District Council, as local planning authority, is expected to provide a framework of planning policies for the regulation of all development, including gypsy sites. The Local Plan does not identify a specific site for a new permanent gypsy traveller site. However, the following policy provides a clear criteria based approach to assessing the merits of planning applications for permanent or temporary occupation that may come forward for both public and privately run gypsy caravan sites. For guidance, the Council would prefer sites to be within the range of 6 to 12 caravans. Whilst this size limitation will be important to the efficient management of new sites, these smaller sites will also be less likely to generate significant highway or landscape impact issues.

4.187   Where planning permission is granted, appropriate conditions or planning obligations will be imposed to ensure occupation of the site is restricted to those persons genuinely falling within the appropriate definition of gypsies and, for private sites, that the consent only inures for the benefit of the applicant and his or her dependants. Also a gypsy family must operate some form of business that causes them to travel in order to satisfy the statutory definition of a gypsy. However, in granting planning permission, conditions may be imposed controlling the nature of business operations on site in the interest of residential amenity or the site’s location.

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