• ensure that new development reduces opportunities
for crime and disorder and contributes towards the creation
of safer, and healthier communities;
• ensure that all new developments and transport facilities are capable of being accessible to all; and
• support the retention and provision of local services and community, cultural and recreation facilities.
5.1 Good, accessible local services, community and recreation facilities are important for quality of life and can help reduce the need to travel. Other services such as water, electricity supplies and drainage are essential to community health. This Chapter provides the policy framework for:
• Creating Accessible Environments
• Community Safety
• Local Services and Facilities
• Residential Institutional Uses
• Sport, Recreation and Open Space
• Coastal and Inland Water Recreation Facilities
• Contaminated Land and Pollution
• Health and Education Provision
• Telecommunications and Utilities
• Sewerage and Sewage Disposal
• Coastal Erosion and Flood Protection
5.2 Obtaining access to jobs, services and facilities
taken for granted by many can be very difficult, if not
impossible, for people with disabilities or limited mobility.
Policy COM1 below amplifies Policy QL108,
which seeks to ensure that designing for accessibility
is an integral part of the design process.
Policy COM1 — Access for All
Development involving buildings or spaces to which the public will have access as visitors, customers or employees will not be permitted if the design and layout does not provide safe and convenient access for people of all abilities. In particular,to ensure an inclusive environment development shall provide:
a) entrances which can be easily and safely accessed by all users, including those with mobility and sensory impairments;
b) safe and convenient access to the development for people of all abilities from parking areas, drop-off points and adjoining public spaces; and
c) clear signposting of accessible facilities and routes to accessible entrances.
5.3 There are statutory requirements regarding
access under the provisions of the Chronically Sick and
Disabled Persons Act (1970), the Disability Discrimination
Act (1995) and Section 76 of the Town and Country Planning
Act (1990). Part M (Access for Disabled People) of the
1999 Building Regulations also covers accessibility. Further
guidance was issued in July 2002 entitled “Sustainable
Communities: Deliveringy Through
Planning” and was further reinforced
in the “Planning and Access For Disabled People
Good Practice Guide” (2003)”.
5.4 The District Council recognises that good
access benefits the whole community and will seek to ensure
that new development is easily accessible to everyone.
This is particularly important in Tendring where the 2001
census revealed that over 33,000 people locally had a
limiting long -term Iillness,
this represents almost 25% of the total population. This
is significantly above the national figure of 18.2% who
have some form of disability. There will be very few cases
where it is not practical or reasonable to design new
buildings, extensions and their associated facilities
to at least the minimum accessible standards. Detailed
guidance on designing accessible environments is contained
in the Council’s SPG “Tendring District Council
Access Guidance” and the Centre for Accessible
Environments (CAE)Accessibility’s
document “Designing for Accessibility”,
— An Essential Guide for Public Buildings”
which has also been adopted by the Council as SPG.
5.5 Community safety is at the heart of sustainable development and quality of life. Concentrating development within existing urban areas, maintaining the vitality and viability of town and local centres and encouraging mixed-use development will help to create well-used streets and public spaces that feel safe and deter crime. Stimulating social and economic regeneration will help to tackle some of the root causes of crime and disorder. Providing community and recreation facilities can help reduce anti-social behaviour by directing people’s leisure time towards more positive outcomes. Consideration of highway safety and pollution issues when determining planning applications will help to maintain the health and safety of occupiers of new development and the surrounding area.
5.6 The good design of environments can also make
a major contribution to the prevention of crime and help
to reduce anti-social behaviour and the fear of crime.
Policy COM2 builds on Policy QL108
to provide further guidance on how new development will
be expected to help reduce crime and disorder and improve
community safety through environmental design
measures.
Policy COM2 — Community Safety
(i) All new development shall contribute to a safe and secure environment, which reduces the incidence and fear of crime and disorder by reducing criminal opportunity and fostering positive social interactions between legitimate users. In particular development shall:
a) maximise overlooking of areas which may be vulnerable to crime such as public spaces, car parking areas and footpaths;
b) maintain a discernible distinction between public and private spaces; and
c) provide a good standard of lighting to public spaces and routes.
(ii) Measures referred to in (i) above, to protect the security of people and property, must be compatible with the character and amenities of the area, which can be successfully achieved through good design.
(iii) In appropriate cases the Council may seek developer contributions towards the provision of CCTV, lighting or other security measures.
5.7 The Council has responsibility under Section
17 of the Crime and Disorder Act (1998) to take account
of the need to deter and prevent crime in carrying out
all its responsibilities, including Local Plan preparation
and Development Control. PPSG1
and Circular 5/94 (Planning out Crime) both highlights
the important role that planning can play in crime prevention.
Circular 5/94 emphasises that If used
sensitively the planning system can be instrumental in
providing attractive and well managed environments that
help to reduce both the fear and the incidence of crime.the
need for crime prevention must be balanced with the visual
quality of development.
5.8 Policy COM2 identifies key principles that need to be considered in designing out the potential for crime and disorder:
• cCrime depends on concealment.
Overlooked streets and public spaces deter criminals
by increasing natural surveillance. Buildings should
overlook open spaces and footpaths, not turn their backs
on them. Open spaces should be overlooked by buildings
and traffic routes. Buildings and landscaping should be
designed and laid out to ensure that they do not provide
hidden areas;
• aAnonymity provides opportunities
for crime. This can be reduced by ensuring a clear definition
of ownership and responsibility for all parts of a development
and the creation of defensible space around
buildings;
• dDistinction should be
made between public and private spaces by a change in
surfaces or use of boundary treatments; and
• gGood lighting design,
which uses the correct lighting source for the intended
environment can help reduce the fear of crime. However,
care must be taken to ensure that the impact of light
pollution is minimised, especially in historic, environmentally
sensitive and rural areas.
5.9 Developer contributions may be sought to meet
the community safety needs of new development as referred
to in Policy QL12. Further guidance on designing out crime
is contained in the Council’s adopted SPG “Crime
Reduction “Through Environmental Design” and
the leaflet “Protect Your Home” produced by
the Tendring Crime and Disorder Reduction Partnership
(CDRP) under the UK police flagship
initiative “Secured by Design”.
initiative.
5.10 Reducing social isolation is an important objective of the Tendring Health Improvement and Modernisation Plan. Local facilities provide a valuable service for communities, particularly for people without their own means of transport. They provide local employment opportunities, are a focal point for community life and can help reduce the need for people to travel long distances for essential goods and services. In some cases they may also make an important contribution to the tourist economy. Examples of local facilities covered by these policies include community halls, general stores, post offices, doctors’ surgeries, public houses, libraries, places of worship and schools. The policies apply to facilities within communities across the whole District, in both rural and urban areas.
Policy COM3 — Protection of Existing Local Services and Facilities
(i) In order to ensure that basic community facilities and local services are retained, redevelopment that would result in their loss will not be permitted unless:
a) Iit provides replacement
facilities within reasonable walking distance of an
equal benefit, which are readily accessible to
local people and served by viable public transport;
or
b) there is adequate provision of similar facilities within reasonable walking distance (800m); or
c) Iit has been demonstrated
that there is no longer a local need for the facility
and/ or it is no longer viable, and that
where appropriate reasonable attempts have been
made to sell or let the premises for continued operation
in its existing or last use without success.
(ii) The partial redevelopment or change-of-use
of a facility will onlyalso not
be permitted providingwhere it is considered
that it will notthis may prejudice
the viability or future operation of that facility.
5.11 Village facility surveys carried out by the Council revealed that the number of village public houses had decreased from 41 in 1987/89 to 35 in 2000 and that over the same period, the number of post offices had declined from 22 to 19.
5.12 The District Council considers that it is
important that this trend does not continue and that existing
local facilities are retained, particularly in cases where
their loss would either leave communities totally lacking
in such provision or would lead to unsatisfactory deficiencies.
In such circumstances, proposals that do not provide replacement
facilities (either on site or within a reasonable walking
distance) will be refused unless they are no longer needed
by the local community and/or are not viable. In this
case,“reasonable” walking distance is defined
as up to 800m, approximately 10 minutes walking distance.
The Council will require any application involving the
loss of a key facility, including the loss of sports
facilities, educational facilities, allotments and other
community facilities to be supported by written
evidence of lack of need. Examples of the type and scope
of information that should be supplied are given in Appendix
3.
Policy COM4 — New Community Facilities (including Built Sports and Recreation Facilities)
Permission will be granted for the change of use or redevelopment of land or buildings for appropriate community use provided the proposed facility:
a) is readily accessible to local people and ideally served by viable public transport;
b) is not detrimental to the character and amenities of the area;
c) will not lead to unacceptable parking or traffic problems; and
d) does not comprise a site with overriding planning or infrastructure constraints.
In addition, for proposals outside of Settlement Development Boundaries, the following criteria need to be satisfied:
ea) there is a proven
local need for the facility; and
fb) there is no suitable
site available within the settlement it is intended
to serve.
5.13 The provision of new community facilities
e.g. village/community halls, leisure facilities etc,
that are easily accessible to local people is important
to the creation of sustainable communities. All proposals
on land outside existing settlements should meet general
development control policies to ensure that development
is of a high quality and does not have an adverse impact
on its surroundings. Also such proposals should be supported
by written evidence of the local need for the facility
including projected patterns-of-use and should normally
be supported by the relevant Parish or Town Council.
5.14 Residential institutional uses include care homes, nursing homes and other non-custodial institutions. Housing provision should be geared towards particular groups in the population who have special needs, including the elderly, people with disabilities and the homeless. The District Council support the provision of accommodation to meet special needs, but recognises that concentrating such accommodation in small areas can lead to various problems, including the cumulative effect such developments can have on the “image” and tourism function of the resorts concerned.
Policy COM5 — Residential Institutional Uses
(i) The development of new residential institutions and changes of use of existing properties to residential institutions will not be permitted within the Control of Residential Institutional Uses Areas in Clacton and Frinton as defined on the Proposals Map Insets.
(ii) Outside the Control of Residential
Institutional Uses Areas applications for
changes of use, new residential institutions
and extensions to existing residential institutions
will be considered on their own merits subject
to meeting other relevant Local Plan policies and the
following additional criteria: permitted
provided they meet other relevant Local Plan policies
and the following additional criteria:
a) the site would not be located away
from existing Settlement Development Boundaries, in
order that support services, facilities and public transport
routes can be availableis not in a remote
location away from existing settlements, support services
and facilities;
b) the development would not lead to a clustering
of similar uses in the locality;; and
c) the development would not create or
give rise to a significant material adverse impact on
public safety;site is easily accessible and
well-served by public transport.
d) there would be sufficient external space in the proposal to accommodate the normal recreation and other needs of residents, visitors or employees without impacting on highway safety, or the residential amenities enjoyed by adjoining properties; and
e) the extent and nature of any alterations/extensions or new separate buildings which may be required for the purposes of the use proposed should not result in the over development of the site.
(iii) Where planning permission is granted, use rights under the provisions of the Use Classes Order 2005 may be withdrawn where there is evidence to suggest that a change of use from that granted to another use within the same Use Class would be inappropriate.
5.15 Tendring District contains the highest proportion
of residential care homes and nursing homes of all the
non-unitary District Councils in Essex. In
March 2002, 28% of Essex residential institutions were
located in Tendring District and of these, 45% were situated
in Clacton.
5.16 Around the seafront and town centre areas of Clacton and Frinton there has been a substantial number of changes of use of properties from residential or holiday use to residential institutions. This concentration of such uses puts pressure on local medical and support services. It has also led to a loss of visitor accommodation and an erosion of local character through the conversion of front gardens to forecourt parking. The District Council has therefore identified areas in Clacton and Frinton where such development has occurred and where the development of new residential institutions and the conversion of existing properties to such uses will be resisted in order to avoid a further increase in the concentration.
5.17 Outside the Clacton and Frinton
Institutional Uses Area boundaries, applications
for residential institutional uses will be subject
to the provisions of items (ii) and (iii) of Policy COM5.
Sites should have permitted provided that the
site has access to public transport and local facilities
that are relevant to the needs of residents, such as shops
and medical services. Proposals for residential institutional
uses outside Settlement Development Boundaries will therefore
not usually be permitted. A site unacceptable for
housing development will generally be regarded as unacceptable
for a new residential home. Sites will need to be accessible
to staff and visitors by means other than the private
car. The clustering of similar uses in close proximity
to one another, particularly in areas where the character
is one of single family dwellings with limited off street
parking, would be inappropriate particularly because of
the potential noise and disturbance it could create (including
the impacts from service traffic) outside normal working
hours.
5.17a There is an increasing range and diversity of proposed residential institutions in the District which the Plan needs to anticipate. In recent years there has been a significant trend, arising from the Government’s objectives relating to care in the community towards proposals for homes offering a secure environment for those with learning or behavioural difficulties. These types of institutions, if permitted, can have a detrimental impact on their immediate surroundings in terms of noise and disturbance. They raise public safety issues and additional parking demands. Accordingly, in addition to the environmental policies elsewhere in the Plan Policy COM5 provides further safeguards to control uses of this nature, including the potential withdrawal of use rights where, for example, an old people’s home or nursing home is approved which could be converted into uses in the same Use Class without a further planning application having to be submitted and approved.
5.18 The pressure for new residential
and nursing homes has fallen significantly since it peaked
in the 1980s, and accordingly Policy COM5 seeks to provide
for alternative uses for former residential and care homes.
Proposals for the change-of-use of properties operating
as residential institutions will only be acceptable if
there is evidence provided to show there is no unmet demand
for the institution in the area.
5.19 Recreation and sport facilities are an important community resource, providing enjoyment, employment opportunities and tourist attractions as well as important health benefits for participants. Improving health through physical activity is one of the targets of the Tendring Health Improvement and Modernisation Plan to reduce coronary heart disease in the District. The provision of recreation facilities also contributes to the District Crime and Disorder Strategy’s objectives to tackle the underlying causes of crime by redirecting inappropriate behaviour towards positive outcomes. In conjunction with partner agencies and local communities the Council will aim to:
• protect recreational facilities where there is a recognised or expressed need as identified in the Council’s Adopted Playing Pitch Strategy and Action Plan;
• enhance the provision and quality of recreational facilities as demonstrated within the Playing Pitch Strategy and Action Plan;
• strive to ensure that recreational facilities are accessible to all sections of the community;
• encourage the appropriate management of recreational facilities; and
• encourage the provision of sports facilities for the use of staff employed in business or industrial development.
5.20 Three distinct categories of open space are considered. First, there is pitch (football, rugby etc) and non-pitch (athletics, bowls etc) sports facilities; second, there are children’s play areas and, third, there is recreational open space. The three policies in this section provide a land-use planning strategy to secure:
(i) their protection;
(ii) their enhancement; and
(iii) provision of additional facilities.
5.21 To provide the background information and assessment for this section, the Council commissioned studies for each of the three categories of open space. Published in 2002, these provided essential information for the preparation of this part of the Plan. The Council also undertook a comprehensive audit of both the quantity and quality of the existing provision within the District. This is currently being updated as part of the background to further supplementary planning guidance.
5.22 Recreational open space makes an important contribution to the character and amenity of the District. Although open space is defined in the Town and Country Planning Act (1990), that is now considered a very narrow definition. More specific guidance is provided by the Annex to PPG17 (Planning for Open Space, Sport and Recreation).
The following broad range of open spaces may be of public value:
(i) parks and gardens - including urban parks, country parks and formal gardens;
(ii) natural and semi-natural urban greenspaces - including woodlands, urban forestry, scrub, grasslands (e.g. downlands, commons and meadows), wetlands, open and running water, wastelands and derelict open land and rock areas (e.g. cliffs, quarries and pits);
(iii) green corridors - including river and canal banks, cycleways, and rights of way;
(iv) outdoor sports facilities (with natural or artificial surfaces and either publicly or privately owned) - including tennis courts, bowling greens, sports pitches, golf courses, athletics tracks, school and other institutional playing fields, and other outdoor sports areas;
(v) amenity greenspace (most commonly, but not exclusively in housing areas) - including informal recreation spaces, greenspaces in and around housing, domestic gardens and village greens;
(vi) provision for children and teenagers - including play areas, skateboard parks, outdoor basketball hoops, and other more informal areas (e.g. ‘hanging-out’ areas, teenage shelters);
(vii) allotments, community gardens, and city (urban) farms;
(viii) cemeteries and churchyards;
(ix) accessible countryside in urban fringe areas; and
(x) civic spaces, including civic and market squares, and other hard-surfaced areas designed for pedestrians.
5.23 Therefore, the broad term “recreational open space” includes all formal and informal recreational uses of land, from football pitches to children’s playgrounds within town parks.
5.24 To assess the extent of provision of recreational open space across the District the Council undertook a study of all recreational areas, including pitch and non-pitch sports areas; children’s play areas and recreational open space. This audit is under review as part of the background to supplementary policy guidance.
5.25 In Tendring District, there are approximately 228 hectares of publicly accessible recreational open space, most of which is pitch and non-pitch sports grounds. In addition, there are other areas of recreational open space, which are either privately-owned or owned by other public authorities (such as the health authority or educational establishments). The definition of recreational space does not include land that has an amenity value as open space but is not used for recreational purposes. Also, it does not include allotments, which are considered in Policy COM9. The seafront is by far the largest contributor to open space and includes the attractive greensward and cliff-top areas, as well as the beaches themselves. These are particularly worthy of protection because of the very important contribution they make to both the local economy and amenity of residents more generally.
5.26 There are national standards set by the National Playing Fields Association (2.4 hectares per 1,000 people) for the provision of pitch and non-pitch playing fields, and children’s play areas, as discussed below (see Existing Children’s Play Areas and Pitch and Non-Pitch Sports Facilities). However, there are no national standards to benchmark whether or not the level of provision of all recreational space, which includes parks and gardens for informal use as well as the pitch, non-pitch and children’s play area facilities within them, is satisfactory. Nonetheless, PPG17 does clearly state that it will be for local authorities to identify particular strategies as to the level of safeguarding for these open spaces and how it may secure any opportunities to seek relevant enhancement of the present facilities.
5.27 In the absence of a quantitative standard, the Council has considered whether the existing level of provision is satisfactory against more qualitative measurements. In this regard, the Council’s opinion has been informed by the responses gained from the MORI research into local opinions and aspirations published in Spring 2002. Just under half of the District’s residents feel that the level of sports provision locally is good, but 19% felt that it was poor. Within these averages, there were wide ranges across the main settlements and the rural area.
5.28 The responses very much indicate the need to retain the existing recreational open spaces and to seek improvements in their quality, particularly the sports facilities and children’s play areas within them, and those privately-owned facilities in other locations.
5.29 The areas of recreational open space to be safeguarded are identified on the Proposals Maps and Proposals Map Insets and Policy COM7 will provide the appropriate safeguards. No development for purposes other than outdoor sport and recreation will be allowed on these sites unless it can be demonstrated that a replacement area will be provided that is equally accessible, including to those who live near and use the existing open space, and that the provision of a new site would provide a greater contribution to local biodiversity than the site to be developed. Policy COM7a specifically covers protection of playing fields including school playing fields.
5.30 Where new development is proposed, it can place a significant burden on existing open space provision in the area or result in development seriously deficient in open space provision. Government Circular 1/97 makes it clear that developers should not be expected to make up for existing deficiencies, although Government guidelines make it equally clear that new development from one dwelling and above generates its own demands and requirements for recreational open space and suggests that local planning authorities should develop local standards that may be applied to ensure new developments make provision for open space to meet needs. The Council will therefore seek to ensure that open space provision is included within development proposals or where appropriate contributions will be sought to provide on or off site open space provision. Policy COM6 provides the framework to secure this enhancement.
5.31 Layouts should incorporate appropriately sized and maintainable recreational open space as an integral and usable part of a development, rather than simply taking advantage of “left-over” land in an awkward corner of the site. Children’s play areas should generally be easily accessible from pedestrian routes, separated from areas of major vehicle movements, overlooked from dwellings or well-used pedestrian routes and be located and designed to minimise disturbance to nearby dwellings. Perimeter landscaping or structural landscaping which is required as part en parcel of the “good planning” of the development will not constitute as being a component of the recreational or public open space contribution of the site. Both landscaping and public open space are required in their own right.
5.31a The National Playing Fields Association recommended a national minimum standard of provision for recreational open space of 2.4 hectares per 1000 of the population. PPG17 advocates that minimum standards should be used to refine areas deficient in open space. It also recommends that where an up to date audit of existing facility provision has been undertaken it may be appropriate to set local minimum standards. Although some work has been carried out a thorough review of the quality and quantity is being undertaken as part of the background to the Supplementary Policy Implementation Document, which will amplify Policy COM6. Following this, detailed local standards may be produced for Tendring. In the meantime the minimum standard of recreation provision should be based on the NPFA national guidelines. The 2.4 hectare per 1000 population standard is broken down as follows:
• 1.6 hectares playing pitches/outdoor sport
• 0.8 hectares children’s play space
5.32 Table 4, below, summarises
the local standards the Council will expect new development
to provide. It is based on an assessment of local demand
and an evaluation of the adequacy of current provision
to meet the needs of local sports clubs (KKP, 2002). It
provides the standard for playing pitch and non-pitch
facilities, children’s play and other informal playing
space as advocated by the National Playing Fields Association
and PPG17.
Table 4: Tendring District Council Adopted Local
Open Space Standards
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5.33 A significant proportion of new housing in the District to come forward in the next 10 years will be provided on small sites to be occupied by less than 50 people or less than 25 dwellings during the Plan Period. Cumulatively this will generate a requirement for new and improved open space facilities.
5.34 Where a developer is unable to meet the required standard, in part or fully, through physically providing and laying-out suitable open space, the District Council will require commuted payments in lieu of physical provision. This will help to ensure that open space provision keeps pace with new housing development.
5.35 The Council considers that open space
provision should be included as part of all residential
developments involving sites greater than 1.5 hectares
in size, and should comprise at least 10% of the gross
site area. To ensure that the financial contribution
is fairly and reasonably related in scale and kind to
the proposed development, the Council will prepare detailed
guidanceSPG, but in general, it
will depend on:
(i) the playing space requirement for the development;
(ii) the extent to which these requirements have been met in other ways e.g. part may be able to be accommodated on-site;
(iii) the nature of the development; and
(iv) the existing provision in the area.
5.36 The Council undertakes that any financial contribution will be used to provide or improve the appropriate recreational facility within a reasonable timescale and will be directly attributable to the development and not intended to cover any additional or unrelated benefit. Guidance is to be prepared initially as a Supplementary Policy Interim Document (SPID), later to become a Supplementary Planning Document under the 2004 Planning Regulations. The SPID will set the context for the policy implementations, establish mechanisms for securing financial procedures and define a framework for spending the funds in accordance with legislative requirements. In order to ensure financial contributions are spent fairly a Priorities/Action Plan will be produced based on an up to date audit of existing recreation provision. This will form part of the background and consultation process of the preparation of the SPID. As a result the District Council will be in a strong position for enhancing the quality and quantity of recreation provision for the local communities. Improvements to provision will be directed to the priorities identified, which will cover facility provision at a local, catchment area and district level.
Policy COM6 — Provision of Recreational Open Space for New Residential Development
Proposals for residential development on a
site of 1.5 hectares and above are required to provide
at least 10% of the gross site area as public open space.
In exceptional cases where the District Council
agrees that provision would be best met off-site a financial
contribution in lieu of on-site provision may be made
in accordance with the SPID. This must include
appropriate equipment, suitably laid out for the
specific use intended, play equipment,
which has been agreed in advance with the District Council.
The nature of the public open space will be expected
to be:
• usable open space in terms of its location, size and shape, with no single area being less than 0.15 hectares;
• planned for in a positive way, that integrates the open space in the development that it serves;
• landscaped in a way that provides for visual amenity, biodiversity gain, and areas of shade;
• designed with the safety and security of children in mind, including traffic calming of the access to the open space where this involves crossing a road; and
• a range of different types of play areas in the larger sites, to cater for different user groups in accordance with the hierarchy of provision outlined by the National Playing Field Association.
For residential development below 1.5 hectares in size, developers shall contribute financially to meet the open space requirements of the development in proportion to the number and size of dwellings built.
5.38 New recreational open space
shall be provided in the following areas:
• 52 ha open space along the Pickers Ditch
linear park walkway, Clacton-on-Sea;
• 7.2 ha open space land north of Brooklands
and Grasslands, Jaywick;
• 16.5 ha open space Low Road, Dovercourt;
• 2 ha open space Capital House, Dovercourt;
• 3 ha open space north of Village Close and
west of Turpins Lane, Kirby Cross;
• 2 ha open space west of existing Lawford
Playing Field, off School Lane, Lawford;
• 1.5 ha open space north of existing Playing
Field and south of Mary Warner Road, Ardleigh;
• 0.9 ha open space land rear of 18 —
32 Holly Way, Elmstead Market;
• 2.1 ha site next to Lawford Dale; and
• 2.3 ha site for Cann Hall Estate, Clacton-on-Sea.
5.39 If recreational public open
space and play equipment are to be adopted by the District
Council, the developer must provide for their future maintenance.
The District Council will seek a planning obligation to
make suitable financial provision for its subsequent maintenance.
The District Council’s open space standards and
the basis of commuted sum calculations is provided in
more detail in SPG, which will be revised annually.
5.40 In Tendring District, research undertaken in 2002 found there are serious deficiencies in children’s play areas, and both quality and quantity of outdoor pitch and non-pitch sports facilities. This research recommended a number of specific actions to address these issues. It is a priority for the Council to put in place a strategy and a mechanism to secure funding to enable the delivery of these improvements. This is being prepared and will be produced as the Priorities/Action Plan, which will be published as background to the SPID.
5.41 As well as enhance existing facilities, the
Council will protect both well used as well as under-used
outdoor pitch and non-pitch sports facilities which provide
recreational open space through the application of Policy
COM7. In addition, the Council will use financialcommuted
contributions from new housing development (raised through
Policy COM6) to fund a programme of localised enhancement
work where this has a direct bearing on the new development
in accordance with Circular 05/051/97.
Contributions raised from new housing development will
be spent as close to the new development as is possible
and will be guided by the Priorities/Action Plan prepared
as background to the SPID.
5.42 Commuted sums will be held centrally by the
Council’s Leisure Services Department. The distribution
of these accumulated funds into this central pool will
require two further actions. The Council’s Leisure
Services Department will prepare a District-wide strategy
for the maintenance and enhancement of all the District’s
recreational open space, including publicly and privately-owned
land. This strategy will set priorities for the District
as a whole as well as the Council’s own investment
programme and the funds that can be realised through developer
contributions. In particular, the studies commissioned
by the Council to investigate provision of pitch and non-pitch
sports facilities, and children’s play areas, identified
shortfalls in provision in most areas, including the privately-controlled
sports pitches. The priorities in this strategy
will draw heavily on the conclusions of the auditstudies
undertaken to analyse all aspects of recreational open
space provision and the outcome of public consultation
on the SPID. All stakeholders responsible for managing
recreational facilities will be able to apply for money
from the open space funds for key improvements to facilities
where they are identified as priorities.
5.43 This investment strategy will be prepared
in consultation with all the parties with an interest
in the enhancement of the District’s outdoor sports
facilities. It will also provide a programme for
works to the non-sports related recreational open space,
such as parks and gardens. In parallel to this,
the Council is preparing guidance will
prepare SPG to provide a framework for developer
contributions from new housing development for the enhancements
identified in the Leisure Services Open Space
Strategy — Priorities/Action Plan.
5.44 The SPIDSPG will
identify the mechanism for securing a contribution from
developers to this important element of community infrastructure.
It The SPG will detail the adequacy
of existing available pitch and non-pitch facilities in
terms of quantity and quality. In addition itThe
SPG will also suggest how the additional demands
for pitch and non-pitch facilities as well as children’s
play areas generated by new housing development could
be met within the parishes and towns, taking into account
the expected scale and location of new housing development
within the Plan Period.
5.45 In addition, the Council will also seek to
secure other external sources of funding for both public
open space enhancement work and new provision where appropriate,
by using developer contributions to lever in funding from
other agencies. Both the SPG and Leisure Services
Open Space Strategy will be prepared at the earliest opportunity.
This SPIDSPG will also set
out the levels of open space and facilities that must
be provided within new housing development. It will also
set out the level of contribution developers must make
to secure the long-term maintenance of the open space
provided within the development. As an alternative for
smaller housing development sites, the Council will set
out the level of financial contribution a developer must
make into a central fundpool for
a provision of new and enhanced recreational open space,
sports facilities and children’s play areas. The
Open Space Strategy will identify where these pooled resources
will be spent.
5.45a In accordance with Policy COM6 and the SPIDG,
the Council will seek developer contributions from new
housing development to fund a programme of maintenance
and enhancement of these areas of open space to include,
where appropriate, investment in existing and additional
pitch and non- pitch facilities and children’s play
areas within areas of recreational open space. The Council
will prepare a strategy for the maintenance and enhancement
of the District’s recreational open space, including
pitch and non-pitch sports facilities and children’s
play areas.
Policy COM7 — Protection of Existing Recreational Open Space Including Children’s Play Areas and Pitch and Non-Pitch Sports Facilities
Development proposals will not be permitted
that would prejudice the use or involve
the loss or reduction of recreational open
space. This includes children’s play areas,
sports grounds, school playing fields,
informal open space and as well as parks
and public gardens as defined on the Proposals
Maps. with recreational value, or prejudice
the use of such areas which are deficient in any of
the various forms of public open space will not be permitted.
5.46 In accordance with Policy
COM6 and the SPG, the Council will seek developer contributions
from new housing development to fund a programme of maintenance
and enhancement of these areas of open space to include,
where appropriate, investment in existing and additional
pitch and non- pitch facilities and children’s play
areas within areas of recreational open space. The Council
will prepare a strategy for the maintenance and enhancement
of the District’s recreational open space, including
pitch and non-pitch sports facilities and children’s
play areas.
5.45b Playing fields are one of the most important resources for sport. They provide the space, which is required for the playing of team sports on outdoor pitches. Yet as open land, particularly in built-up areas becomes an increasingly scarce resource, they often seem to offer a tempting opportunity for other forms of development. In most cases development of existing playing fields is unacceptable. It is however, acknowledged that in exceptional circumstances development may provide the opportunity for land exchange, substituting one site for another to compensate for the loss of any open space or sports or recreational facility. Policy COM7a sets out the framework for assessing proposals for the development of playing fields. All too often school playing fields are declared by the school or education authority to be surplus to DFES requirements. Whilst the school itself may have playing fields in excess of its requirement, rarely have alternative recreational opportunities for the site been explored. For example, the site may be able to be made available for community use. This may require some improvements or alterations, including a new access separate from the school and changing rooms etc. Alternatively, opportunities for other relevant stakeholders (Parish Councils, Recreation Trusts ) to take on the playing field(s) independently, may be appropriate.
Policy COM7a — Protection of Existing Playing Fields, Including School Playing Fields
Proposals which lead to the loss of all, or any part of a playing field, or land last used as a playing field (as defined on the Proposals Map), whether in private, public or educational use, will not normally be permitted unless;
a) The proposed development is ancillary to the use of the site as a playing field (such as a new changing room) and does not adversely affect the quantity or quality of playing pitches and their use;
b) It can be demonstrated by a thorough up-to-date assessment of current and future needs that there is an excess of playing field provision in the catchment and the site has no special significance to the interests of sport or recreation;
c) The proposed development only affects land which is incapable of forming a playing field or part of one;
d) The playing fields that would be lost as a result of the proposed development would be replaced by a playing field or fields of equivalent or better quantity and quality in a suitable location accessible to the current and potential new users;
e) The proposed development is for an outdoor or indoor sports facility of sufficient benefit to the development of sport to outweigh the loss of the playing field.
5.47 Often additional provision can be achieved by improving existing facilities and extending the opportunities for use for example by improvements to surfaces, drainage or floodlighting. Where the Council receives applications to develop land for the provision of new and extended outdoor recreational facilities, these will generally be favourably received subject to certain provisions to protect amenity, highway safety and to enhance more sustainable means of access. Particular encouragement will be given to proposals which implement any priorities identified by the Council in the SPID and Priority/Action Plan.
5.47a If recreational public open space and play
equipment are to be adopted by the District Council, the
developer must provide for their future maintenance. The
District Council will seek a planning obligation to make
suitable financial provision for its subsequent maintenance.
The District Council’s open space standards and
the basis of commuted sum calculations is provided in
more detail in the draft SPIDG,
which will be revised annually.
Policy COM8 — Provision and Improvement of Outdoor Recreational Facilities
Proposals for the provision of new and extended outdoor recreational facilities will be permitted where:
(i) they meet the needs of all residents for a range of sporting and recreational opportunities, in terms of quality, accessibility, choice and value;
(ii) the size and location of the site is capable of accommodating a viable outdoor recreational facility;
(iii) they are accessible by a choice of means of transport including cycles and pedestrians;
(iv) they do not have a materially detrimental affect on:
a) the amenity of surrounding residents and occupiers;
b) highway and pedestrian safety;
c) vehicular and pedestrian access into the site;
d) townscape; and
e) landscape and biodiversity;
(v) built development and structures are restricted to those facilities essentially required to functionally serve the facility; and
(vi) floodlighting will only be permitted where no undue harm will be caused to neighbouring amenity or wildlife
Policy COM8a - Proposed New Recreational Open Space
New recreational open space, which are shown on the Proposals Maps shall be provided in the following areas:
• 52 ha along the Pickers Ditch linear park walkway, Clacton-on-Sea;
• 7.2 ha land north of Brooklands and Grasslands, Jaywick;
• 16.5 ha Low Road, Dovercourt;
• 2 ha Capital House, Dovercourt;
• 3 ha north of Village Close and west of Turpins Lane, Kirby Cross;
• 2 ha west of existing Lawford Playing Field, off School Lane, Lawford;
• 1.5 ha north of existing Playing Field and south of Mary Warner Road, Ardleigh;
• 0.9 ha land rear of 18 — 32 Holly Way, Elmstead Market;
• 2.1 ha site next to Lawford Dale;
• 2.3 ha site for Cann Hall Estate, Clacton-on-Sea; and
• 1.8 ha at Jubilee Park, Frinton.
5.48 Working on allotments is a recreational activity enjoyed by a wide cross section of the community, and in particular often the more elderly members of the community. Allotments are a valuable resource not only for allotment holders, but also in terms of the wider community within towns and villages by way of contributing to visual amenity. Essex Structure Plan Policy BE3 identifies the need to protect open land uses within urban areas and guidance in PPG17 recognises the importance of open space and recreational facilities and the need for recreational facilities to be available for the elderly. The Council will support proposals for suitable extensions to existing allotments and new allotment sites providing that an existing demand is demonstrated.
5.49 Development will not be allowed on allotments
identified on the relevant Proposals Map and Insets unless
alternative equivalent provision is made within the locality,
or unless it can be demonstrated that there is no longer
any demand for the allotments. Also, PPG17 emphasises
that in declaring open space“surplus to requirements”
this should include considerations of all the functions
that open space can perform.
Policy COM9 - Allotments
Development that would result in the loss of the whole or part of an allotment site defined on the Proposals Map and Insets will not be permitted unless the following criteria are met: -
a) the allotments are replaced by the provision
of new allotments at least equal in quality and size
and accessibleility to the community,
which the existing allotments serve; or
b) it is demonstrated that there is no longer a demand for the existing allotments;
c) the site is not appropriate for other open space functions; and
d) the development of the allotments would not result in the loss of an area important to visual amenity.
5.50 Built sports facilities, including sports halls, swimming pools, pavilions and changing rooms make an important contribution to the leisure and recreational facilities in the District and contribute to the health and well-being of the community. They make an important contribution to broadening the range of leisure facilities available in the District both in urban and rural areas, and allow and encourage public participation in sport and recreation.
Policy COM10 - Built Sports and Recreation Facilities
Proposals involving the loss of or
change-of-use of built sports facilities will onlynot
be permitted unless provided that one
of the following conditions is met:
a) replacement facilities of an
equal or enhanced standard are provided, which
are readily accessible to current users; or in
the development proposals.
b) an assessment has been undertaken, which clearly shows that the facilities are surplus to requirements.
5.51 The District Council recognises in accordance
with both national policy and guidance in PPG17 (Planning
for Open Spaces, Sport and Recreation) and Replacement
County Structure Plan Policy LTR1 the important role the
provision of built sports facilities fulfils. It will
therefore seek to retain, and where appropriate enhance,
existing facilities for the benefit of the wider community
in order to promote and maximise access to sports facilities.