5.52 The keeping of horses, playing of golf and associated activities are pastimes for which there is a high demand, and the need for such facilities is recognised in Structure Plan Policy LRT3. They can however, have a significant impact in the countryside and create increased pressures on the existing highway network, bridleways and landscape features. Proposals for such activities therefore need to be well related to their surroundings, appropriately located and of a scale and type appropriate for the area.
Policy COM11 - Formal Recreation Facilities in the Countryside
Proposals for formal recreation facilities
in the countryside including golf courses, golf driving
ranges and riding centres will onlynot
be permitted provided thatunless:
a) the site and buildings can satisfactorily accommodate the activities proposed;
b) use of the site would not have a materially adverse impact on public rights of way, local roads and ecologically sensitive areas;
c) built development and structures are restricted to those that are functionally essential for the facility;
d) development would not involve provision of residential, hotel or guest accommodation outside the Settlement Development Boundaries;
e) existing natural features, including hedgerows and ponds are retained and enhanced; and
f) satisfactory and safe road access is available to the site and can be accessed by a variety of means of transport including public transport and cycling.
All golf course proposals must be accompanied
by an ecologicalenvironmental impact
assessment (including ecological assessment) and
a detailed landscaping scheme.
5.53 Golf course development is an
acceptable land use in the countryside and can have important
recreational, economic and tourism benefits. However,
the introduction of alien landscape features, car parking
and related built development can have a significant impact
on landscape and countryside character, and damage the
environment. Major development such as hotels and conference
centres proposed in association with golf clubs will not
normally be acceptable. Detailed guidance on the provision
of golf facilities is provided in the Essex Golf Report,
published by the Essex Planning Officers Association (1990),
which has been Aadopted by this
Council as SPG. The key locational and design factors
are reproduced in Appendix 4.
5.54 There is likely to be a continuing
demand for horse-related development in the countryside
and it is important to ensure that new facilities do not
harm their surroundings. Some horse-related development
does not require planning permission as set out in the
Town and Country Act (1990) and Annex F to PPG7, however
planning permission is normally required for the use of
land for the keeping of horses for non-agricultural purposes.
This Policy relates to the use of land, the provision
of all buildings, structures, fencing and ancillary development.
Proposals involving new residential development in the
countryside will not be acceptable. Facilities should
be provided where accommodation already exists.
5.55 The Council accepts that equestrian activities
are most appropriately located in a rural area, in so
far as such uses are related to a generally open use of
land. However, the uncontrolled proliferation of stables
and other associated development has the potential to
bring about cumulatively significant changes to the character
of the open countryside, which is typical of certain parts
of the District. Moreover, the fragmentation of land holdings
may accelerate other changes, which could be detrimental
to the countryside. The Council cannot directly control
the fragmentation of farmland provided except
to ensure that the subsequent use remains agricultural.
However, the change-of-use of farmland to land for the
keeping of horses for non-agricultural purposes normally
amounts to development for which planning permission is
required. Such proposals will therefore be considered
in relation to the following:
Policy COM12 - Equestrian Uses and Buildings
Proposals for the change-of-use of rural
landfarmland to land for the breeding
and/or or keeping of horses and/or
or for the erection of stables will be considered
in relation to the following criteria:
a) the nature and scale of the equestrian use and the impact of the built development on the character of the countryside, including nature conservation interests and the cumulative effect of similar uses in its general area;
b) whether the size of the stables accords with the number of horses intended to be accommodated;
c) the impact of any built development on the amenity of neighbouring residential properties;
d) whether suitable arrangements have been
made for the disposal or storage of soiled material
and foul drainage provision meets the requirements of
the Council and Environment AgencyWater
Authority;
e) whether a suitable vehicular access can be provided in connection with the stables such as to allow the free and safe flow of traffic on the adjoining highway;
f) the impact on the character of the countryside of providing an adequate access;
g) the level of traffic to be generated by the proposed use, and the suitability of the road leading to the site to cater for such movements; and
h) the impact of traffic levels on the amenities
of the land.; and
(i) applications for stables or loose
boxes will normally be expected to:
(ii) have sufficient land available for
the exercise of the horses; and
(iii) be well related to a bridleway/permissive
horse route network.
5.55a Public interest in access to the countryside is growing and the value of bridleways in providing access to and the recreational use of the countryside is recognised by the Council. Bridleways represent an important form of access for walkers, cyclists and horse-related activity.
Policy COM12a - Bridleways
The Council will seek to maintain and improve
access to the countryside by resisting the loss of,
or harm to any existing bridleways. and
by encouraging the creation of new bridleways where
appropriate. The Council will encourage the
creation of new bridleways where appropriate opportunities
arise to improve and develop the network for the benefit
of walkers, cyclists and horse riders.
5.55b The provision of improved bridleways, and the linking of existing bridleways to each other is a long-standing aim of the Council fitting in with the wish to improve access to the countryside. The District Council will, in conjunction with Essex County Council, seek to further develop the bridleway network in the District.
5.56 As part of its policy of increasing
recreational provision throughout Tendring, the District
and County Councils are seeking to provide a number of
Country Parks in rural or urban fringe locations. The
purpose of these parks will be to provide convenient opportunities
for informal quiet countryside recreation for the public.
Their provision will be achieved either by direct land
purchase or through negotiation as part of the submission
of development proposals where appropriate. In the latter
case the provision of the country park facilities will
be secured by legal agreement ensuring that the park is
fully laid out for public-use prior to completion of the
relevant development. However, it is important to
stress that the offer of a country park facility will
not necessarily ensure that associated development proposals
are acceptable unless they accord with the appropriate
Local Plan policies.
Policy COM13 - Country Parks
The following areas, which are defined on the relevant Proposals Map Insets are allocated and safeguarded as Country Parks:
a) Holland Haven
b) Brook Park, Clacton
c) Pond Hall Farm, Ramsey
d) Martin’s Farm, St. Osyth
e) The Naze, Walton
The District Council will consider
the provision of further Country Parks in other
parts ofthroughout the District if
appropriate. Potential sites will need to satisfy the
following criteria;
(i) satisfactory and safe road access is available to the site and it can be accessed by a variety of means of transport including public transport and cycling and by public rights of way;
(ii) there is a substantial area of land available such that the impression to visitors is of walking in open countryside away from urban areas;
(iii) parking, toilets and associated facilities will be carefully screened and located in such a way as to prevent any adverse impact on the open countryside;
(iv) landscape features including trees, areas of water, planting belts and undulating topography exist or will be created;
(v) the park layout retains and enhances biodiversity and enhances important wildlife habitats and local flora and fauna. This is especially important on land which forms part of, or affects sites identified as SSSIs; and
(vi) the park can be created in a way which is compatible with the conservation of the rural landscape.
5.57 Country Parks provide an opportunity for
people to enjoy a number of informal recreational pursuits
such as walking and picnics away from busy urban areas.
New Country Park sites at Brook Park, Clacton, Pond
Hall Farm, Ramsey and Martin’s Farm, St. Osyth fulfil
the above criteria and are identified on the Proposals
Map as Country Parks. In doing so, tThe
District Council and County Council are seeking to meet
increased demand for such facilities and by concentrating
visitors in specific, planned locations toare
reducinge the risk of damage to
agricultural property and sensitive wildlife habitats.
5.58 Public interest in access
to the countryside is growing and the value of bridleways
in providing access to and the recreational use of the
countryside is recognised by the Council. Bridleways represent
an important form of access for walkers and horse-related
activity.
Policy COM14 — Bridleways
The Council will seek to maintain and
improve access to the countryside by resisting the loss
of, or harm to, any existing bridleways and by encouraging
the creation of new bridleways where appropriate.
5.59 The provision of improved
Bridleways, and the linking of existing Bridleways to
each other is a long-standing aim of the Council fitting
in with the wish to improve access to the countryside.
The District Council will, in conjunction with Essex County
Council, seek to develop further the Bridleway network
in the District.
5.60 The coastline and estuaries in the District
have traditionally been used for a number of water- based
activities. Whilst recognising the demand for new and
improved facilities, particularly on the coast, the Local
Planning Authority will seek to restrict such developments
to existing urban areas or built-up locations. Proposals
for coastal recreation facilities will be assessed against
strategic policies contained in the Structure Plan, other
policies in the Local Plan, including Policy EN3, and
the main principles set out in Sport England’s
the Eastern Council for Sport and Recreation’s
Regional Strategy for Water Recreation.
Policy COM15 - Coastal Water Recreation Facilities
Proposals for new water-based recreational facilities or the renewal or extension of existing facilities will be permitted in coastal towns and resorts where the following criteria are met:
a) the size and location of the development is appropriate to its setting;
b) there will be no undue harm to the amenity of neighbouring residents;
c) the surrounding highway network and access to the site is satisfactory;
d) the site is accessible by a choice of means of transport;
e) no undue harm will be caused to the townscape;
f) no undue damage will be caused to local landscape, nature conservation or biodiversity; and
g) there will be no safety hazard created by the users either to each other, to bathers or other users of the seafront amenities.
When considering such proposals the Council will require a full noise impact assessment to be submitted in relation to the proposed use of powered watercraft.
Policy COM15a — Protection of Existing Water Recreation Facilities
Development that would lead to losses of and damage to existing recreational facilities will not normally be permitted. In exceptional cases where other over-riding factors apply and facilities can not be saved, an alternative provision of an equivalent or better standard must be provided nearby.
Policy COM16 - Hamford Water, the Stour Estuary and the Colne Estuary
No further extension of areas currently used for boat moorings, the establishment of new marina/boat facilities or other water recreation facilities will be permitted outside existing Settlement Development Boundaries in the undeveloped estuaries and inlets of Hamford Water, the Stour Estuary or the Colne Estuary unless it can be demonstrated that there will be no damaging impact on the SSSI or other designated sites. In exceptional cases where consent may be granted any adverse impact on the environment must be satisfactorily mitigated.
5.61 The above coastal and estuarine areas are particularly sensitive locations which are of international importance for nature conservation. In addition, there are National Nature Reserves (NNRs) designated at Hamford Water and in the Colne Estuary. Policy EN11 in the Sustaining Our Environment Chapter provides further guidance on the protection of these important nature conservation sites.
5.62 In terms of their capacity to absorb new boat moorings and related facilities, various studies and estuary management plans have been produced. The Colne Estuary Boating Study (2001) emphasised the ecological and landscape sensitivities of the area and provides specific guidance on how to consider such proposals relating to boating activity and watersports. The recommendations from the study have been formally adopted by the Council as SPG. There is further reference to this study in the Brightlingsea Chapter.
5.63 Estuary management plans have been prepared for the Stour and Orwell (updated in 2003) and the Colne Estuary (1999-2000). These plans which are a material consideration in relation to considering planning proposals in these estuaries seek to provide a balanced management framework for the various users of these most sensitive areas.
5.64 It is recognised that other water-based recreation
takes part place on inland sites
within the District, including sailing, angling and sub-aqua
facilities at Ardleigh Reservoir and angling in various
flooded sand and gravel workings. Ardleigh Reservoir also
provides a site for bird watching and the breeding and
ringing of wildfowl. Important nature conservation
features may be present at some inland water sites. Any
development in these areas must safeguard important nature
conservation features where appropriate. Ardleigh
Reservoir is an important source of public water supply
and any developments near the reservoir should avoid any
consequential deterioration in the quality or quantity
of run-off draining into the reservoir. Therefore, development
proposals in the vicinity of Ardleigh Reservoir mustwill
also be carefully considered against the provisions of
Policy COM18, which seeks to protect this important water
resource. The District Council will liase with the Environment
Agency, and the Eastern Council for Sport
England and the relevant national governing
bodies for watersportsRecreation when
considering proposals for the development of water recreation
facilities at inland waters.
Policy COM17 - Inland Water Recreation
The Council Local Planning
Authority will support development of appropriate
water recreation uses at inland water sites provided
they do not cause undue damage to important nature conservation
featuresexcept at Ardleigh Reservoir, which
has little scope for the expansion of multi-use facilities.
Development that leads to the loss of, or prejudices
the use of existing inland water recreation facilities
will not normally be permitted. In exceptional cases
where other over-riding factors apply alternative provision
of equivalent or better quality must be provided nearby.
5.65 Sailing, angling, and sub-aqua pastimes are all activities thatcan usually be carried out on inland waters without causing undue harm to the local environment or amenity, as are bird watching, and the ringing and breeding of wildfowl.
5.66 Activities such as jet-skiing and motorboat racing are considered harmful to inland waters and the environment generally. They are not considered appropriate uses on inland waters.
Policy COM18 - Ardleigh Reservoir
Development will not be permitted where
it poses a significant risk to the quality of surface
water draining to Ardleigh Reservoir. Development
at Ardleigh Reservoir for the expansion of multi-use
facilities will only be permitted if it does not cause
undue harm to other interests including nature conservation
and water resources. In particular, development will
not be permitted where it will materially reduce the
quality of water draining to Ardleigh Reservoir.
5.66a Maintaining or enhancing the quality of surface, ground, river and sea waters and other water bodies is essential to protect nature conservation interests and public health. In the Tendring District, maintaining the quality of inland water recreation facilities, river and sea waters is also vital for recreation and tourism. In consultation with the Environment Agency, the Council will seek to ensure that water quality is safeguarded. Development will be resisted or strict controls imposed, where it could adversely affect water quality.
5.67 Contamination can have potentially serious
risks and consequences to health, and
safety and inor the environment.
al terms andIt therefore needs
to be carefully investigated and assessed before and during
development. Tendring District does not have a legacy
of heavy industry and there are relatively few sites where
it is known that there may be a problem of soil contamination.
The most significant ones are former gas works and landfill
sites.
5.68 Where a site is contaminated, or there is
a good reason to believe that contamination may exist,
pre-application discussions between the Council and the
developer are encouraged. aA
developer will be required to carry out a thorough site
risk assessment and submit a report on the findings to
establish the nature and extent of the contamination.
This will usually be in the form of an Environmental
Impact Assessment (EIA). Consideration should
be given to submitting a planning application and a pollution
control permit in parallel.
5.69 The DistrictCouncil
will encourage the re-use of contaminated land for appropriate
development and as useful amenity and recreational space,
but seek to ensure that there is no unacceptable risk
to health and safety or the environment by ensuring that
the developer implements all remedial measures necessary
to make the land suitable for use as advised in PPSG23
(Planning and Pollution Control).
Policy COM19 — Contaminated Land
Unless appropriate remedial measures are included, planning permission will not be granted for development, which is either proposed to be located on, or is affected by ground that is known to be contaminated and identified on the Contaminated Land Register and/or land that is known to have accommodated potentially polluting uses. Full investigations will have to be carried out, the contamination assessed and appropriate remedial measures specified. When planning permission is granted conditions will be imposed to secure any further site investigations considered necessary, to secure any remedial works required and to ensure that all remedial measures shown to be necessary will be carried out before or incorporated as part of the development to ensure that the land is removed from the Contaminated Land Register.
5.69a The District Council’s Contaminated Land Strategy complements the planning process and provides a proactive system for the identification and remediation of land where contamination is causing unreasonable risks to human health and the wider environment. The inspection of the District as required by the Strategy will identify areas of potentially contaminated land which may be developed. Where appropriate, the Council may require suitable remediation of contaminated land to ensure that land is suitable for its intended future use and that further pollution does not occur during or after construction.
5.69b The Planning (Hazardous Substances) Act 1990 controls the presence of hazardous substances. The advice of the Heath and Safety Executive will be sought on the suitability of new development involving the storage, use or transportation of hazardous substances. Development will not be permitted where it would pose an unacceptable risk to people using the site or neighbouring land, or to the natural environment. Tendring District already contains a number of installations handling hazardous substances, including high pressure natural gas transmission pipelines. The advice of the Health and Safety Executive will be taken into account when considering proposals for new development in the vicinity of existing hazardous sites.
5.70 Air quality in the District
is generally good, although certain locations within the
District do suffer from poor air quality. The Council
is committed to maintaining and improving air quality
and to achieving sustainable development.
5.71 The land-use planning system
is integral to improving air quality and local authorities
are required by the Environment Act (1995) to undertake
a review and assessment of air quality in their area to
identify areas where it is unlikely to achieve Government
air quality objectives set out in the Air Quality Regulations
(England) (Wales) 2000.
5.72 In such areas, constraints
on certain types of development may be necessary to achieve
the objectives of the Action Plan. Development proposals
which may have potential to cause significant levels of
air pollution or which may be effected by existing sources
of air pollution should be restricted in or near these
areas.
5.69c The land-use planning system is integral to improving air quality and local authorities are required by the Environment Act (1995) to undertake a review and assessment of air quality in their area to identify areas where it is likely that the Government’s air quality objectives as set out in the Air Quality Strategy (2000) will not be met. Air quality in the District is generally good, although certain locations suffer from poor air quality. The Council is committed to maintaining and improving air quality through the system of Local Air Quality Management (LAQM). Where one or more of the air quality objectives is unlikely to be met, the Council must declare an Air Quality Management Area (AQMA) and draw up an Action Plan. Development proposals, which may have the potential to cause significant levels of air pollution or which may be affected by existing sources of air pollution may, depending on the circumstances, need to be restricted.
5.69d The Replacement Local Plan is an important element in the achievement of air quality standards and objectives by directing new development to urban areas where the need to travel by car is minimised and by promoting alternatives to the car. The Plan also seeks to minimise the adverse impacts of air pollution by taking account of other emission sources such as industry and the location of developments that are sensitive to air quality.
5.73 In order to reduce air pollution and improve
air quality, commercial firms will be encouraged to take
steps to reduce emissions by providing secure cycle parking
and changing facilities, usinge
alternative
clean fuel” vehicles and providinge
bus transport for employees to and from the workplace.
Such an approach is supported by policies in theChapter
Seven: Sustainable Transportation.
Chapter of the Plan.
5.74 Government guidance in PPG23
advises that there should be guidance on the location
of potentially polluting developments and the location
of sensitive developments in the vicinity of existing
polluting developments.
Policy COM20 - Air Pollution/Air Quality
(i) Planning permission will not be granted for developments that have the potential to contribute significantly to levels of air pollution unless adequate mitigating measures against the adverse effects on air quality are proposed.
(ii) Planning permission will not be granted for sensitive development in areas identified as suffering from high levels of existing air pollution unless adequate mitigating measures against the adverse effects on air quality are proposed.
(iii) Planning permission will not be granted for development which leads to the making of an Air Quality Management Area.
5.75 Where developments propose any form of external
lighting the amenity of nearby land uses and the visual
character of the area can be harmed. Lighting in the countryside
and rural areas can have particularly seriously
detrimental effects if it is poorly situated, poorly designed
or installed, or where light spillage is widespread. Such
lighting can create aLight pollution is the
popular name for sky glow, a brightening of
effect, particularly in the night sky in
the countryside and is rightly considered as pollution.
5.75a Artificial lighting can obscure the stars, introduce an urban character into rural areas, affect the setting of Listed Buildings and other heritage features, intrude on residential amenity and affect wildlife. In determining proposals involving an external lighting scheme such as lighting for security or operational purposes, consideration will be given to the impacts on residential amenity, highway safety, the dark night sky, areas and features of historic or landscape importance and wildlife. Schemes should involve the minimum amount of lighting necessary to achieve its purpose and should minimise glare and light spillage from the site. Measures might be required to screen the lighting from neighbouring areas.
5.76 ItLight pollution also
represents an inefficient use of energy and a waste of
natural resources contrary to the aims of sustainable
development. Proposed lighting schemes should be the minimum
needed for security, working purposes, recreational or
other use of the land or site in question. Full details
of lighting schemes including their impacts will be required
to be submitted with any planning application.
Policy COM21 - Light Pollution
Planning permission will not be granted for
external lighting for any development if any of the
following apply:;
a) Iits use would cause
unacceptable visual intrusion;
b) Iits use would cause
an unacceptable disturbance to the surrounding area
or to the local wildlife;
c)Its use would cause glare, or light
spillage would be created in the surrounding area or
night sky; or
dc) Iits
use would cause a danger to highway or pedestrian safety.
Where permission is granted, lighting schemes will be required to minimise pollution from glare and light spillage. This will be achieved through the use of good design, screening and deflection measures, and the nature, intensity and hours of operation of the lighting will be carefully controlled.
5.77 Noise pollution can have a significant effect
on both the natural and built environment and on the quality
of life of individuals and communitiesamenity
that can be enjoyed. PPG24 (Planning and Noise)
introduced the concept of noise exposure categories for
assessing noise sensitive developments such as schools,
hospitals and housing, and it isthe
importancet toof controlling
the location of new developments to ensure that land uses
are compatible in terms of noise generation and sensitivity.
New development that is noise sensitive such as housing
should be located away from sources of unacceptable noise
levels, whilst noise-generating development should be
positioned so as not to pollute other sensitive land uses.
Policy COM22 - Noise Pollution
Planning permission will not be granted for noise sensitive developments such as hospitals, schools and housing unless one of the following conditions is met:
(i) the development is located away from existing sources of noise; or
(ii) mitigation measures are proposed which
will adequately mitigate the adverse effects of noise
at all material times and in all circumstances.
Potentially nNoisy developments
should be located away from sensitive developments unless
adequate provision has been made to mitigate the adverse
effects of noise likely to be generated or experienced
by others.
5.78 Consultation with the Council’s Environmental Services Department and other pollution authorities will be carried out in determining any application. The guidance contained in PPG24 will be used in establishing noise limits for particular developments.
5.79 Any deterioration in the quality of
land, air or water resulting in negative impacts on health
is capable of being a material planning consideration.
The planning system therefore has an
important role to play in protecting the built,
and natural and historic environment,
biodiversity, local residents, and
businesses and the community generally from
development that could give rise to pollution. Pollution
can take many forms including solid, liquid and gaseous
emissions to air, land and water. Pollution includes noise,
vibration, smell, smoke and fumes, soot and ash and light
that can all have a damaging effect on the environment
and amenity. A development proposal likely to give
rise to pollution may need to be submitted with an EIA.
Policy COM23 - General Pollution
Planning permission will not be granted for
development which would have a significant adverse effect
on health, the natural, and built
or historic environment or amenity by reason of
releases of pollutants to surface or ground water,
land or air including smell and odours, fumes, smoke,
soot, ash, grit, or dust.
5.80 The Tendring Community Strategy includes
the aim “to save lives, promote healthy living and
narrow the health gap”. The lead partner for this
aspect of the Strategy is the Tendring Primary Care Trust
(PCT) which leads the Health Strategy Group. A rolling
three-year plan, the Health Improvement and Modernisation
Plan (HIMP), is delivered by the PCT and is
to be updated on a regular basis.
5.81 The HIMP reflects the NHS Plan in a local context and also includes local objectives and targets that address the health needs of the Tendring population. The PCT has also identified certain “Strategic Health Issues for Tendring”, which include the very high proportion of people over the age of 65 (3rd highest PCT in the country), 3 electoral wards are within the top 10% of deprived wards nationally (as measured by indices of multiple deprivation) and the previous under investment in Primary and Community Services, which means much of the estate (buildings and premises) require modernisation.
5.81a The Government’s, Local Improvement Finance Trust (LIFT), initiative is a method of addressing under-investment in the health service whereby PCTs can bid for funding and support for modernisation. Tendring PCT has formed a partnership with Colchester PCT and made a successful application for LIFT funding. This will result in significant investment in primary and community health services in Tendring.
5.81b A Strategic Service Development Plan (SSDP) has been produced. This sets out a vision and strategy for the future development of services in Tendring and Colchester using LIFT funding. It is an evolving document that will be reviewed annually.
5.81c Improved health care provision across Tendring is supported by the Council and proposals for new and refurbished facilities will generally be welcomed provided that they comply with the requirements of Policy COM24.
5.82 In order to modernise the
above services by providing new and improved buildings
and premises, the Local Plan seeks to reflect the PCTs
approach as expressed through its Local Improvement Finance
Trust (LIFT) Strategic Service Development Plan. The PCTs
Estate Strategy will be developed from the LIFT Strategic
Development Plan.
5.83 It is within this context
that the District Council will encourage the improvement
of primary health care facilities and to that end will
seek to work in partnership with the PCT and other health
care providers to achieve improved facilities. The Council
recognises that there is a need for new facilities and
that there is a trend leading towards larger health facilities
to provide an improved range and quality of medical services.
Policy COM24 - Health Care Provision
Proposals for the development of new and improved
health care facilities (including a new hospital)
throughoutin the District
will be permitted provided that:
(i)they do not have a materially detrimental
effect on;
a)the amenity of neighbouring occupiers;
b)highway and pedestrian safety; and
c)the townscape and surroundings
(i) the site is in close proximity to the communities it is intended to serve;
(ii) the facilities do not have a materially detrimental effect on highway and pedestrian safety;
(iii) the facilities are accessible to the community they serve by a variety of forms of transport, including public transport; and
(iiiiv) adequate car
parking provision is made to meet operational demands.
5.84 Improved health care provision
across the Tendring area is supported by the District
Council, and proposals for new and refurbished facilities
will generally be welcomed provided they comply with the
requirements of the above Policy. At the time of preparing
this Plan, proposals had been published for new health
care provision at Harwich and in Clacton. These proposals
are referred to further in the relevant chapters for those
towns. Other proposals are expected in various locations
throughout the District during the Plan Period.
5.85 A recent Government initiative
has been launched to establish “healthy living centres”
across the country. These centres are intended to address
the whole issue of healthy lifestyles and could include
health care facilities and social care facilities such
as day centres and early year’s centres. Therefore,
when considering planning applications for new or expanded
health care provision the Council will encourage the provision
of space to enable multiple use of such facilities.
5.86 The District Council is responsible for the management of cemeteries at Burrs Road, Clacton; Main Road, Dovercourt; Kirby Road, Kirby Cross; Walton Road, Walton; and the crematorium at Colchester Road, Weeley. The Council is also responsible for the maintenance of monuments and other memorials within these grounds.
5.87 A number of other cemeteries are provided
by church authorities and/or Town and Parish Councils.
A private, “green” cemetery is also provided
at Wrabness where the site is managed by the Essex
Wildlife Trust.
5.88 The District Council provides
Weeley Crematorium under the provisions of the Crematorium
Act 1902, and the existing site is shown on Proposals
Map Inset 23. It is proposed to extend the grounds of
the crematorium during the Plan Period and the proposed
extension is also shown on the above Proposals Map Inset.
5.89 Planning permission to extend
the Kirby Cross Cemetery has been granted recently and
there are proposals to further extend the Burrs Road Cemetery
in Clacton. The extensions are shown on the relevant Proposals
Map Inset.
Policy COM25 - Cemeteries and the Crematorium
Land is allocated for the future expansion of the Weeley Crematorium, the Burrs Road Cemetery (Clacton), Dovercourt Cemetery and the Kirby Cross Cemetery as shown on the various Proposals Map Insets for these areas. New cemeteries and other burial places may be permitted on existing private land providing that relevant Local Plan policies are satisfied.
5.90 Development of land can create a need for the additional provision of services, infrastructure and facilities both on and off-site. In particular, housing development often generates the need for educational facilities and puts significant pressure on existing facilities creating need that cannot be met.
5.91 It is undesirable for development
to create an undue additional burden on the community
or public purse; developers should therefore accept the
financial consequences of their schemes. If facilities
necessary as the result of a scheme cannot be achieved
through the use of planning conditions, then they will
normally be secured as planning obligations under Section
106 of the Town and Country. Planning Act 1990 (as amended
by sections 12(1) of the Planning and Compensation Act
1991) in association with a grant of planning permission.
5.92 Section 106 agreements are an effective way
of ensuring public services can keep pace with the private
sector and that the relevant infrastructure can be put
in place to meet demand. Section 14 (1) of the Education
Act (1996) places a duty on Essex County Council
(ECC) as the Local Education Authority (LEA) to
ensure that there are sufficient school places available
within its area for all those pupils who require them.
The District Council will therefore consider the use of
Section 106 agreements as part of the planning application
process to obtain contributions towards the provision
of school places in the Educational Action Zone for
Clacton and Harwich, or elsewhere in the District
where appropriate.
5.93 More detailed information on the levels of
contribution being sought by the LEA is provided
in a separate publication produced by Essex County Council
Learning Services.can be found in the ECC Schools
Service document 'Developer Contribution Guidelines' and
the 'Schools Contributions from Residential Developments'
SPG. This SPG was prepared by the Essex Planning Officers
Association and was adopted by this Council in August
2004.
Policy COM26 - Contributions to Education Provision
Where necessary Pplanning
permission will only be granted for residential developments
of 12 units of accommodation or more dwellings
within the identified Educational Action
Zone for Clacton and Harwich and elsewhere if
an appropriate land or financial
contributions related in scale and kind
to the development for education facilities is providedare
made to provide the additional school places that will
be needed to serve the development.
The provision of such facilities will be secured
in accordance with guidelines in the adopted SPG:
Schools Contributions from Residential Developmentsas
either part of the development proposals, through the
use of conditions, or through planning obligations.
Where provision of a new school or associated facilities
on an application site is not feasible, or desirable,
provision elsewhere or a contribution towards provision
will be sought.
5.94 Modern and effective telecommunications systems are vital to economic success at a local and national level. This is recognised by Government advice in PPG8 (Telecommunications). It can be important to the environment by reducing the need to travel, but the associated infrastructure can have some adverse environmental affects. The Tendring District’s open character is particularly sensitive to new telecommunication installations, as they require prominent sites for effective operation. Therefore, the impact of new structures will be considered against other environmental and site planning policies. Where appropriate, operators will be encouraged to share masts and, if this is not an available option, evidence to support that position may be required to be submitted as part of any planning application.
5.95 There has been considerable
public debate about the possible health risks associated
with the siting of telecommunications developments. Normally
health issues are not in themselves regarded as a material
planning consideration, but the public perception of possible
health risks willbe taken into account. In considering
applications for telecommunications development, the Council
will therefore take account of any Government advice or
guidance on health risk.
5.96 Any telecommunications development should be sited and designed to minimise its visual impact. Telecommunications installations, which would have an adverse impact on sensitive areas such as AONBs, or Conservation Areas, will not be approved. Elsewhere, telecommunications installations will also be resisted if they have a significant and adverse visual impact, unless it is demonstrated to the complete satisfaction of the Council that there is no alternative site which is technically appropriate or environmentally more acceptable.
5.97 The Government supports the growth of telecommunications
systems, including cellular radio, cable television and
wireless broadband. With this approach, many telecommunications
installations are covered by the Town and Country Planning
Act (General Permitted Development) Order)
of 1995 and do not require planning permission.
They do however, require prior approval from the Council.
5.98 Even equipment that does not require planning permission can have a serious effect on the rural and open character of its surroundings, so the need for prior approval will allow the Council to ensure that these effects are minimised by careful attention to the detailed design and siting of the equipment.
5.99 Imaginative design solutions that are appropriate to the proposed location will be encouraged and may be considered acceptable by the Council as an alternative to refusal of planning permission or “prior approval”. For further advice on the procedures or need for planning permission or “prior approval” for certain detailed matters, developers/operators should contact the Council at the project planning stage.
5.100 The Government has published a Code of Best
Practice on Mobile Phone Network Development (2002). The
detailed discussion in that document about the provision
of telecommunications equipment will be an important material
consideration when the Council matchesmakes
decisions on both planning and “prior approval”
applications. In particular, the Council urges mobile
phone operators to discuss annually and in advance their
network development plans for the following year.
Policy COM27 — Telecommunications Equipment
Proposals for new telecommunications development,
including both development requiring full planning permission
and applications pursuant to Part 24 of the Town and
County Planning Act (General Permitted Development)
Order) 1995, will only be permitted if all
of the following criteria are met:
a) the siting and design and
appearance of any equipmentthe
proposal does not have an adverse effect on the
appearance and character of itsthe
locality;
b) the technical and operational need for the proposal is demonstrated to the satisfaction of the Council;
c) for telecommunications equipment requiring planning permission that all alternative sites, including mast sharing opportunities have been evaluated and discounted for operational or technical reasons only;
d) that the International Commission on Non-iIonising
Radiation Protection guidelines in force at the time
of the application are adhered to; and
e) any current Government advice or guidance on minimising health risk is incorporated into the design of the proposal.
Where permission is granted, for planning permission or pursuant to an application for
prior approval”, the Council will impose
planning conditions to require the removal of the equipment
when it is no longer operational. All applications
will be expected to comply with any Code of Practice
agreed by the Telecommunications Operatives.
5.101 Circular 01/2003 (January
2003) highlights the important role Planning Authorities
have in safeguarding notified technical sites. The Circular
requires Local Plans to include a policy on such sites.
5.102 Within Tendring an important Technical Site
is located in the open countryside north of Little Clacton
and south west of Thorpe-le-Soken. The site is shown on
the Proposals Map and the extent of the safeguarded area
is shown at larger-scale in Diagram 4. Within the safeguarded
area, certain planning applications will be the subject
of consultation with the operator of the technical site.
This may result in restrictions being imposed on the height
or detailed design of buildings or on development, which
might create a bird hazard. Further detail can be found
in the above Circular 01/03.
Policy COM28 - Safeguarding of Civil Technical Sites
The area shown on the Proposals Map and in more detail in Diagram 4 relates to the officially safeguarded area around the Clacton DVOR (CLN) technical site. Within the area certain planning applications will be subject to consultation with the National Air Traffic Services Ltd.
5.103 When major development projects are proposed extra pressure and strain may be placed upon existing utility provision. The adequacy of utilities and infrastructure can be a material consideration in deciding whether planning permission should be granted. The provision of gas, electricity, water and the sewerage disposal facility services is important for the economic and social well-being of the community and the District Council recognises the importance of adequate provision. Where inadequate provision exists the onus will be on the developer to bring it up to the required standard.
Policy COM29 — Utilities
Before granting planning permission for development
on large sites, the Council will examinehave
regard to the adequacy of the existing infrastructure.
If the existing infrastructure is inadequate the Council
will:
(i) seek to phase or postpone development until adequate infrastructure provision is in place; or
(ii) refuse planning permission where appropriate phasing cannot be agreed.
5.104 Large sites will be those of at least 1 hectare. The right to connect to a sewer is a matter to be agreed between the developer and water authority, in this case Anglian Water Services. Policy COM29 will be implemented by consulting the relevant bodies prior to determining an application.
Policy COM30 - Electricity Supply
Proposals for new overhead power lines will
only be permittedsupported where:
(i) there is a need for the proposal as specified by the electricity supply company;
(ii) the impact such lines would have on the landscape is acceptable especially where they would be unduly prominent such as near the coast and in areas of high landscape value; and
(ii) it is physically impossible to underground the lines in conservation areas and other sensitive locations as has already been carried out in some areas.
The Council will support proposals for underground power lines in conservation areas and other sensitive locations providing that they would not have an adverse affect upon nature conservation interests or archaeology.
5.105 As a result of the Government’s privatisation
of the electricity distribution and generating industries,
new planning procedures have been introduced for the development
of new generating stations. The Council will ensure that
any such proposals strictly accord with the planning requirements
set out in Circular 14/90 entitled ”Electricity
Generating Stations and Overhead Lines” (or any
prescribed document which may subsequently
replace that source).
5.106 Overhead power lines can do much to spoil the appearance of the District where towers, poles and cables appear as alien elements in both rural and urban landscapes. Wherever possible and practicable, cables should be routed underground, including those directly associated with wind- farms, although it is recognised that the very high costs and disturbance which results from undergrounding high voltage electricity lines may only be exceptionally justified.
5.106a Tendring Hundred Water Services Ltd is responsible for water supplies throughout the District and the provision of adequate supplies of water for the needs of new development. Some properties in the rural areas derive their water supply from wells. The water company envisages a continuing increase in the demand for water and are preparing to meet these increases through provisions contained in its programme of capital projects.
5.106b Proposals for a reservoir extension and pumping station at Bockings Elm, Clacton are not going ahead. Therefore, an alternative site near St. Osyth will need to be identified during the Plan Period. Certain water supply sites are likely to become surplus to requirements during the Plan Period and will be available for redevelopment. In appropriate cases the sites of the above proposals are shown on the Proposals Map or relevant Proposals Map Insets.
Policy COM31 - Water Supply
The Council will support proposals that provide for the maintenance and improvement of water supply infrastructure and services throughout the District, and will safeguard sites identified for future water supply development.
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5.107 Tendring Water Services Ltd is responsible
for water supplies throughout the District and the provision
of adequate supplies of water for the needs of new development.
Some properties in the rural areas derive their water
supply from wells. The water company envisages a continuing
increase in the demand for water and are preparing to
meet these increases through provisions contained in its
programme of capital projects. These projects include
the following schemes to satisfy demands brought about
by a steadily increasing population, or in response to
proposed major development areas:
(i) New trunk feeder watermain, for Parkeston and
Harwich;
(ii) Great Holland new reservoir and pumping station;
(iii) Brightlingsea new reservoir and pumping station,
near Samson’s Corner; and
(iv) Dovercourt new reservoir and pumping station
(not expected before 2010).
5.108 Proposals for a reservoir
extension and pumping station at Bockings Elm, Clacton
are not going ahead. Therefore, an alternative site near
St. Osyth will need to be identified during the Plan Period.
Certain water supply sites are likely to become surplus
to requirements during the Plan Period and will be available
for redevelopment. In appropriate cases the sites of the
above proposals are shown on the Proposals Map or relevant
Proposals Map Insets
5.109 Tendring Hundred Water Services have licensed quantities sufficient to meet anticipated demands until after 2024/25. The company’s licenses will, however, be reviewed by the Environment Agency who may decide that some reduction is necessary to reduce environmental impacts of abstraction.
5.109a For the purposes of Policy COM31a there is a clear hierarchy of preferred approaches towards the provision of sewerage facilities. This ranges from the use of existing foul sewerage systems first, through modern private sewerage treatment facilities, down to (private) septic tanks as the least favoured option.
Policy COM31a — Sewerage and Sewage Disposal
a) Satisfactory provision must be made for the proper disposal of sewage waste and effluent from new development. Occupation of development will not be permitted until such adequate facilities are operational.
b) Private sewage treatment facilities, in particular septic tanks, will not be permitted if there is an existing public foul sewerage system. Where private sewerage disposal facilities are proposed they will only be permitted where:
(i) ground conditions are satisfactory;
(ii) the plot is of sufficient size to provide an adequate subsoil drainage system; and
(iii) all of the requirements of DETR Circular 3/99 (or subsequently amended) on their installation can be met.
5.110 The forces of the sea are causing large parts of the coastal strip of East Anglia to erode, and the risk of flooding is a real threat. This is a natural occurrence that has been continuing for a number of years, the effects of which however can be profound and cause a threat to land and property. The District Council is working with The Environment Agency in order to assess the best ways of managing and controlling the impact of coastal erosion and flooding. In some cases, where works are carried out it may be necessary and appropriate to introduce soft or natural sea defences, which could include the creation of higher and wider beach profiles, the rehabilitation of salt marsh and/or the creation of wash lands behind existing sea walls. The objectives of such works will be to help maintain and enhance the important visual aspects of sea defences while providing opportunities to maximise nature conservation. The type of defence appropriate for a location will depend on a number of factors, including the type and rate of erosion, the nature of the land affected, nature conservation priorities and the length of coast concerned in the sedimentary system to which it relates. In some cases it may be necessary to prevent or restrict development.
Policy COM32 - Sea Defences
In order to maintain and enhance the interests of marine and coastal habitats the District Council will, where appropriate, require the use of soft engineering sea defences such as wider and deeper beaches or the rehabilitation of salt marshes, as a means of sea defence, rather than the installation of or raising of sea walls or other hard defences. Planning permission will not be granted for development, which would adversely affect the integrity of tidal or fluvial defences, unless the removal or alteration to those defences is necessary to achieve the purpose of the development.
Policy COM33 - Flood Protection
In order to minimise the effects of tidal flooding, permission will be refused for development on land to the seaward side of sea defences, including the siting of temporary structures such as holiday chalets and caravans. On land between the first line of sea defence and the main defence, the siting of temporary structures may be permitted following consultation with the Environment Agency. Time limited occupancy conditions will be imposed and enforced preventing occupancy during the winter period from November to March inclusive when the risk of tidal inundation is greatest.
5.111 Along the coastline there is a potential
for instability in certain locations and this will be
a material consideration when assessing planning applications.
The Environment Agency is one of the key partners
inhas a number of projects underway in
the Essex area.,oOne
of which these is the Essex Coast
and Estuaries Project in which sevenwhere
pilot Coastal Habitat Management Plans (CHaMPs) have
beenare being produced as part of the
European Union Life Nature Project “Living
With The Sea” project. Thise
CHaMP was completed in October 2002 andproject
will considers the effects
of sea level rise on coastal habitats, identifiesy
the type and quality of replacement habitats
required and makes recommendations to Shoreline
Management Plans.
5.112 Along the coastline there is a potential
for instability in certain locations and this will be
a material consideration when assessing planning applications.
Parts of the coastline are particularly vulnerable
to erosion and there are areas of unstable cliff slopes
especially in Walton, Frinton and Clacton. The potential
instability of these areas will be a major consideration
in the determination of planning applications. In
this respect, the following policy will be used in the
consideration of development proposals. The Council will
also have regard to PPG140 (Development
on Unstable Land) when making planning decisions
in these locations.
Policy COM34 - Unstable Land
Permission will not be granted for development
proposals and proposed changes of use of land along
the coast where there is a significant likelihood of
instability occurring on the land during the lifetime
of the Local Plan and the life expectancy of the
development.
5.113 The Environment Agency is developing
Estuary Flood Management Strategies for the Rivers Roach,
Crouch, Colne and Blackwater as part of the Essex Estuaries
Strategy. These willwishes to ensure and
identify the most socio-economic, hydrodynamic
and environmentally sustainable means of providing
flood management while ensuring legal obligations to protect
and enhance protected environmental sites and habitats
are met. This involves changes to flood defence strategies,
including incorporating managed re-alignment in order
to reduce pressures on higher priority defences. Further
guidance on this matter will be found in the Estuary
Flood Management Strategies and will feed into the Shoreline
Management Plan. Habitat creation proposals will
form part of any managed re-alignment project, further
detail on which is included in the Environment Chapter.,
CHaMPs and other studies carried out for the Environment
Agency.
Policy COM35 — CoastalManaged
Re-Alignment
Proposals for alternative “soft”
or “natural” engineering methods of sea
defence, including coastalmanaged
re-alignment and foreshore recharge will be encouraged
where appropriate to ensure sustainable flood management
of areas liable to flooding. Schemes should be
designed so as to maximise nature conservation benefits
with respect to local landscape impact considerations.
Access to and along the coastline will be maintained
by ensuring that public rights of way affected by managed
re-alignment are diverted by formal Public Path Orders
to the ‘new coastline’ in order to maintain
recreational access along the coastline in accordance
with the aims of the Essex Heritage Coastal Trail. The
protection of sites of archaeological importance will
also be an important consideration.