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Formal Recreation Facilities in the Countryside

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.

Equestrian Uses and Buildings

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.

Bridleways

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.

Country Parks

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.

Bridleways

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.

Coastal Water Recreation Facilities

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.

Inland Water Recreation Facilities

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.

Contaminated Land

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.

Air Pollution/Air Quality

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.

Light Pollution

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.

Noise Pollution

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.

Other Forms of General Pollution

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.

Health Care Provision

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.

Cemeteries and the Crematorium

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.

Planning Obligations and Educational Provision

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.

Telecommunications Equipment

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.

Safeguarding of Civil Technical Sites Owned by National Air Traffic Services Ltd. (N.A.T.S)

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.

Utilities

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.

DIAGRAM 4: CLACTON DVOR TECHNICAL DITE SAFEGUARDING AREA

DIAGRAM 4: CLACTON DVOR TECHNICAL DITE SAFEGUARDING AREA

[Click to see larger image in a pop-up window]

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.

Sewerage and Sewage Disposal

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.

Coastal Erosion and Flood Protection

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.

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