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Chapter 6 Sustaining Our Environment

Aim: To protect the environment for the benefit of present and future generations.

Strategic Objectives

• to use the District’s’ and wider natural resources in a sustainable way;

• to protect and enhance the District’s diverse character and rich heritage;

• to ensure that new development is of a high quality, reflects local distinctiveness and fits in well with the size and character of existing settlements;

• to protect and enhance the natural environment of the District to ensure that the area’s biodiversity and landscape are enjoyed by future generations.

6.1 The Community Strategy for Tendring district has been developed by a partnership of local public, private and voluntary sector partners. The Local Plan gives effect to the spatial implications of the Strategy. Amongst other things it aims to secure the preservation and enhancement of the best features of the District that make it attractive. The four main ways the Plan sets out to achieve this aim are set out above as the Strategic Objectives for this Chapter.

6.2 Protecting Tendring’s varied environment is important for its own sake and for our quality of life. Improving the quality of our towns, villages and countryside can also help economic prospects by encouraging more visitors, and business investors.

6.2a The Community Strategy for Tendring district has been developed by a partnership of local public, private and voluntary sector partners. The Local Plan gives effect to the spatial implications of the Strategy. Amongst other things it aims to secure the preservation and enhancement of the best features of the District that make it attractive. The four main ways the Plan sets out to achieve this aim are set out above as the Strategic Objectives for this Chapter. Protecting Tendring’s varied environment is important for its own sake and for our quality of life. Improving the quality of our towns, villages and countryside can also help economic prospects by encouraging more visitors, and business investors.

6.3 The policies of this Chapter are divided into three sections. Immediately below are those that provide overarching guidance for the protection of the District’s landscape, natural, historic and built heritage environment. Next are the detailed policies to protect and seek enhancement of the natural environment and landscape, and finally are policies to protect and enhance the historic and built heritage environment of Tendring District.

Protection of Landscape Character, Settlement Form, and the Natural and Built Environment

Landscape Character

6.4 Policy NR4 of the Structure Plan encourages the preparation of Landscape Character Assessments for District areas, to identify the particular character of different areas of the countryside. This is in accordance with Government Guidance in PPG7 PPS7 ( Planning Policy Statement 7: Sustainable Development in Rural Areas)The Countryside - Environmental Quality and Economic and Social Development), PPG1 (General Policy and Principles) PPS1 (Delivering Sustainable Development) and PPG15 (Planning and the Historic Environment). The Landscape Character Assessment approach is also part of the national framework set by the Countryside Agency and English Nature’s

The Character of England - Landscape, Wildlife and Natural Features” (1997). The protection of the landscape of Tendring is thus an overriding consideration. By protecting and enhancing landscape quality, the rural economy will also benefit as the countryside continues to be an attractive place in which to live and invest.

6.5 A Landscape Character Assessment of Tendring District (LCA) was carried out in 2001. It was prepared in accordance with best practice advice as promoted by the Countryside Agency in the

Interim Landscape Character Assessment Guidance 1999”. The Landscape Character Assessment will be published as SPG with this Plan. Comment is invited on its content, as it will become an important part of the Council’s assessment of individual proposals for development.

6.6 The Assessment identified 30 different landscape character areas that make up the District, each being identified on a map. Each of the areas has an accompanying description of the nature and key characteristics of the landscape and an evaluation of landscape character and condition, (including a broad statement of sensitivity to change). It also includes a landscape management strategy and guidance for built development. Regard will be had to that guidance when applying Policy EN1. In all cases, landscape enhancement or restoration will be related to the actual development proposed.

6.7 The landscape is the result of both natural and man-made processes, including historic patterns of settlement. A policy approach based on landscape character assessment enables informed judgements to be made on what is and what is not appropriate development within a particular local landscape. Policy EN1 is therefore particularly concerned with the role of settlement and built development in the landscape. It focuses upon maintaining and enhancing landscape quality and local distinctiveness with the protection of the historic environment including the built heritage as a high priority. It identifies important natural features and views, and the individual character, identity, pattern and setting of settlement within the landscape. It is intended to complement specific landscape or countryside designation policies where these exist in the Replacement Local Plan.

6.8 Whilst this Policy will primarily apply to development proposals in the countryside and on the edge of settlements, any development proposal which could visually detract from key landscape or settlement characteristics of its surroundings would be considered against contrary to Policy EN1. An example would be tall buildings that are within a settlement but may be intrusive in a sensitive skyline.

Local Green Gaps

6.9 Local Green Gaps have been identified in the Replacement Local Plan. Their primary purpose and function is to maintain separation between the main urban areas of the District. They also seek to maintain separation between urban areas and free-standing smaller settlements that surround them, or between physically separate built-up neighbourhoods. By conserving the countryside between residential settlements, local green gap policies aim to preserve the open character of these important breaks between settlements. This approach will also maintain the individual character and landscape setting of towns, villages and neighbourhoods.

6.10 Policy EN2 below seeks to reinforce countryside and settlement policies that resist inappropriate development encroaching into these Local Green Gaps. The Policy also draws attention to the important functions that those areas perform. The identification and importance of these Local Green Gaps in landscape setting terms is supported by the findings of the Tendring Landscape Character Assessment. In addition to their role in maintaining settlement separation, Local Green Gaps also have a positive role to play in urban containment and thus contributing, with other policies, to the more efficient use of existing urban land and infrastructure. Local Green Gaps can also play an important role in permitting the natural dispersal of flora and fauna. Within the Local Green Gaps, the Council will encourage the enhancement and improvement of public rights of way and existing leisure and recreational facilities, where this does not prejudice the wider purpose and function of Local Green Gaps.

6.11 This land shown on the Proposals Map and Insets relate to the following settlements and the main functions of those Local Green Gaps is as follows:

Clacton-on-Sea / Little Clacton

• Safeguard the separate identity, character and openness of the setting of Little Clacton, particularly by protecting the undeveloped land either side of Centenary Way;

• Preserve and, where possible enhance views from the settlements;

• Prevent further ribbon development in the London Road area between Clacton-on-Sea and Little Clacton; and

• Safeguard the open character of the Land either side of the Little Clacton Bypass.

Great Clacton / Holland-on-Sea

• Safeguard the unspoilt countryside gap between the railway line and Picker’s Ditch to maintain clear separation and distinction between the identity and character of Holland-on-Sea and the Burrsville area of Great Clacton; and

• Preserve views from both areas, and for train passengers, over this attractive wedge of rolling landscape.

West Clacton / Jaywick

• Maintain clear separation between West Clacton and Jaywick, and between Jaywick and Seawick, in order to safeguard their separate identities and character;

• Protect views from these areas over the open countryside; and

• Protect the amenity of the area for various formal and informal leisure and other recreational uses including Clacton Airstrip and Clacton Golf Club;

Dovercourt / Parkeston / Ramsey / Little Oakley

• Safeguard the remaining countryside gap between Parkeston and Dovercourt including Ramsey Creek Valley and its visual character;

• Preserve the attractive and extensive views across Church Hill, Ramsey;

• Safeguard the separate identity, character and rural setting of Ramsey Village; and

• Prevent further ribbon development on Church Hill.

Frinton / Walton / Kirby Cross / Great Holland / Kirby-le-Soken / Holland-on-Sea

• Safeguard the open countryside setting and coastal gap between Frinton, Great Holland and Holland-on-Sea;

• Protect the rural and undeveloped character of the Holland Coastal Slopes and Holland Haven;

• Safeguard the identity, character and rural setting of Kirby-le-Soken and Great Holland as free standing villages in the countryside; and

• Protect the remaining village character of Kirby Cross and its rural setting.

Lawford / Manningtree / Mistley

• Safeguard the open character of the important breaks between these settlements and between separate neighbourhoods;

• Preserve the attractive views from these settlements towards the Stour Estuary and Dedham Vale;

• Maintain the individual character of these settlements and their separate neighbourhoods;

• Prevent incremental coalescence between these settlements; and

• Prevent further ribbon development west of Lawford.

Little Clacton

• Preserve the remaining views into open countryside existing between the main built-up areas of the village;

• Prevent incremental coalescence or further ribbon development between the physically separate neighbourhoods of the village which would result in an inappropriate over-extended form of settlement pattern in the countryside; and

• Safeguard locally important visual breaks, existing village character and settlement form.

Coastal Protection Belt

6.12 Policy CC1 of the Replacement Structure Plan requires Local Plans to indicate an Essex Coastal Protection Belt. The area proposed for Tendring is shown on the Proposals Map and Proposals Map Insets.

6.13 The undeveloped areas of the Tendring coastline are of national and international importance for nature conservation. The Tendring coastline is also important for its special landscape qualities, historic and geological interest and its recreational value. However, development in connection with leisure and recreation could, if not properly controlled, undermine the special landscape quality, or the nature conservation, historic, and geological interest.

6.14 The purpose of the Coastal Protection Belt is to protect the unique and irreplaceable character of the Essex coastline from inappropriate forms of development. Open coastal areas are particularly vulnerable to visual intrusion due to the high visibility of any development on the foreshore, on the skyline, and affecting vistas along the stretches of undeveloped coast.

6.15 Government guidance in PPG20, Coastal Planning, is quite clear in respect of the coastal zone. Planning policies should resist development that does not have a functional need to be located in the Coastal Protection Belt in other words, development that does not require a coastal location. Although Tendring has a substantial coastline, there are also many inland areas where development can be accommodated, for both commercial and housing uses. Therefore, in the coastal zone, new development that could be located inland or in existing developed areas will not be permitted.

6.16 Where a proposed development has a proven need for a coastal location, consideration will also be given to the potential impact upon natural and built environment features, and the effect of proposed integration measures. If there is irreconcilable conflict, conservation and enhancement of the natural beauty of the countryside will take precedence.

Heritage Coast

6.17 These special coastlines are managed so that their natural beauty is conserved and, where appropriate, the accessibility for visitors is improved. Tendring District Council supports the initiative to secure the designation of the Essex coast as a Heritage Coast. This is being jointly developed by Essex County Council, Colchester Borough Council and Tendring District Council. The Heritage Coast status will formally recognise the cultural, heritage and landscape values of the coastal zone. It will afford greater protection to archaeology, wildlife and its habitats.

6.17a Tendring District Council is also supporting the proposal to create an Essex Heritage Coastal Trail under the wider scope of the SAIL (Schçma d'Amçnagement Intçgrç du Littoral) project. The SAIL project is a transnational partnership of coastal and marine authorities and agencies bordering the Southern North Sea. The proposal will involve the creation of a shared use route from the Suffolk border to the Thames Estuary for walkers, cyclists, riders and disabled people with a substantial part of the Trail passing through Tendring District. The aim of the trail is to celebrate the unique cultural, historic and environmental elements of the Essex Coastline as part of a southern North Sea Regional Park by the creation of a recreational route to general local, national and European economic interest through tourism.

Protection of the Best and Most Versatile Agricultural Land

6.18 Large parts of rural Tendring contain the highest quality agricultural land that is the most adaptable to meet the changing needs of agriculture. Proposed changes to the use of the best and most versatile land are the most significant in terms of the national agricultural interest. Once built upon, this land is made permanently unavailable for agricultural use. Therefore, protecting this land is important for the economy of the District.

6.19 The most flexible, productive and efficient agricultural land is graded by the Department of for Environment, FarmingFood and Rural Affairs (DEFRA) as being between 1 and 3a, with 1 being excellent and 3a being good.

6.20 Policy EN4 does recognise exceptional situations where an overriding need for a particular use may be considered on grades 1 to 3a land. With such applications, there is a statutory need to consult DEFRA when there is a potential loss of over 20 hectares. The views of DEFRA will be taken into account when dealing with such an application.

6.21 The Policy below will be applied in conjunction with the Council’s other policies in this Chapter to protect landscape quality. In particular, it is recognised that all agricultural land provides a valuable landscape resource, as well as having an important economic and ecological role. This policy supports other policies that direct new development to previously developed land or other sites identified for development within this Plan. Although the Council is keen to discourage loss of best and most versatile agricultural land, it recognises, in other policies, the economic importance of farm diversification projects.

Areas of Outstanding Natural Beauty

6.22 The 1949 National Parks and Access to the Countryside Act provides for the designation of AONBs.

6.23 AONBs are exactly that: precious landscapes whose distinctive character and natural beauty are so outstanding that it is in the nation’s interest to legally safeguard them based upon special policies for controlling development and encouraging proper land management.

6.23a The 1949 National Parks and Access to the Countryside Act provides for the designation of Areas of Outstanding Natural Beauty (AONBs). These areas are precious landscapes whose distinctive character and natural beauty are so outstanding that it is in the nation’s interest to legally safeguard them based upon special policies for controlling development and encouraging proper land management.

6.24 The Countryside and Rights of Way Act (CRoW) 2000 strengthened the status of AONBs and placed new duties on local authorities regarding their conservation and enhancement. In planning terms, the designation is now equivalent to that of a National Park.

6.25 It is important to the Country’s natural heritage that these areas are protected from any development that would be likely to cause harm. The CRoW Act has created a new legal right of access on foot to areas of open, uncultivated countryside. The Act includes measures to protect AONBs, raise awareness of their importance at a national and local level, and places a statutory duty on local authorities to produce a Management Strategy.

6.26 Within There are two AONBs of importance for the Tendring district, there are two AONBsand both that these AONBs impact upon the management of the landscape and control of development. The first AONB is the Dedham Vale AONB that is located in the north-western part of the district. The second is the Suffolk Coast and Heaths AONB and although no part of this AONB is located within Tendring both Essex County Council and Tendring District Council are proposing that this AONB should be extended to cover the southern side of the Stour Estuary, between Mistley and Parkeston.

6.26a When considering planning applications within the Dedham Vale AONB that will impact on the Dedham Vale AONB and the area within the Tendring district that is proposed for extension of the Suffolk Coast and Heaths AONB, the Council will have particular regard to the Government’s advice in PPG7PPS7, namely that the primary objective of designation is conservation of the natural beauty of the landscape. The objective of designation as an AONB does not include the promotion of recreation, though the Government considers that these areas should be used to meet the demand for recreation so far as that is consistent with the conservation of natural beauty and the needs of agriculture, forestry and other uses.

6.27 In relation to major development, the Government states that developers must demonstrate that the project is in the national interest before it is allowed to proceed, and proposals must include an assessment of the need for a proposal, alternative locational options and whether appropriate mitigation of environmental impact can be achieved. For all development within AONBs, due regard should also be had to the economic and social well-being of local communities.

6.27a In accordance with section 85 of the CRoW Act the Council will have regard to the purposes of conserving and enhancing the natural beauty of the Dedham Vale AONB. It will also have regard to this purpose in the proposed Suffolk Coast and Heaths AONB extension to the South of the Stour. In addition, in keeping with Section 89 of the CRoW Act, 2000 the Council recognises that the Dedham Vale and Suffolk Coast and Heaths management strategies are formulated in relation to the management of these areas. This includes the proposed extension to the south of the River Stour.

Dedham Vale

6.28 The Dedham Vale AONB, was designated in 1970,. extends into the north-western part of the District. The conservation of this area is important to the County’s natural heritage, and it should therefore be protected from any development likely to harm its character. Within the limited resources available, the Council works with other local authorities, the Countryside Agency, statutory undertakers and landowners to protect and enhance this attractive landscape with its considerable historical and cultural associations.

6.29 A new Management Strategy for Dedham Vale, required by the CRoW Act 2000, has been prepared. The Strategy provides guidelines for landowners, farmers and others on the way that land within the Project area should be used and managed, particularly with regard to landscape protection and enhancement, nature conservation and recreational activities.

6.30 Dedham Vale falls under the control of three Local Planning Authorities (Tendring, Colchester BC and Babergh DC) and two County Councils (Essex and Suffolk). The boundary of the AONB is shown on the Proposals Map and Proposals Map Insets.

Suffolk Coast and Heaths

6.31 No part of the present Suffolk Coast and Heaths AONB is within Tendring, but the southern boundary runs along the northern shore of the Stour Estuary, which excludes Tendring’s estuarial frontage and does not reflect the high scenic quality of the landscape on the south side of this estuary.

6.32 This area, on the southern shore, is included in the joint Character Area 82: Suffolk Coast and Heaths as defined by the Countryside Agency. It is also included in the Management Strategy for the AONB prepared by the Suffolk Coast and Heaths Unit as required by the CRoW Act 2000.

6.32a The southern boundary of the Suffolk Coast and Heaths AONB runs along the northern shore of the Stour Estuary, which excludes Tendring’s estuarial frontage and does not reflect the high scenic quality of the landscape on the south side of this estuary. This area, on the southern shore, is included in the joint Character Area 82: Suffolk Coast and Heaths as defined by the Countryside Agency. It is also included in the Management Strategy for the AONB prepared by the Suffolk Coast and Heaths Unit as required by the CRoW Act 2000.

6.33 The Stour Estuary and the southern shore of the estuary were included in the Suffolk Coast and Heaths AONB Project, which started in 1993. Both Tendring District Council and Essex County Council have considered for some time that the existing Suffolk Coast and Heaths AONB should be extended to cover the southern side of the Stour Estuary, between Mistley and Parkeston. This is reflected in Policy NR3 of the Replacement Structure Plan.

6.34 Structure Plan Policy NR3 supports the extension of the Suffolk Coast and Heaths AONB to include this land. In support of this Policy, the District Council has undertaken an assessment to define a detailed area for inclusion in an extended AONB as shown on the Proposals Map. The assessment demonstrated that the area is an integral part of the Stour Estuary landscape unit. The Tendring Landscape Character Assessment, the County Landscape Character Assessment as well as earlier studies also identified the area as an integral part of the landscape of the AONB to the north.

6.35 Throughout the Plan Period, the District Council, Essex County Council and Suffolk Coast and Heaths Partnership will continue to work together to encourage the Countryside Agency to include the southern side of the Stour within the Suffolk Coast and Heaths AONB.

6.35a The Stour Estuary and the southern shore of the estuary were included in the Suffolk Coast and Heaths AONB Project, which started in 1993. Both Tendring District Council and Essex County Council have considered for some time that the existing Suffolk Coast and Heaths AONB should be extended to cover the southern side of the Stour Estuary, between Mistley and Parkeston. This is reflected and supported by Policy NR3 of the Replacement Structure Plan. In support of this Policy, the District Council has undertaken an assessment to define a detailed area for inclusion in an extended AONB as shown on the Proposals Map. The assessment demonstrated that the area is an integral part of the Stour Estuary landscape unit. The Tendring Landscape Character Assessment, the County Landscape Character Assessment as well as earlier studies also identified the area as an integral part of the landscape of the AONB to the north. Throughout the Plan Period, the District Council, Essex County Council and Suffolk Coast and Heaths Partnership will continue to work together to encourage the Countryside Agency to include the southern side of the Stour within the Suffolk Coast and Heaths AONB.

6.36 The area proposed for extension of the Suffolk Coast and Heaths AONB as indicated on the Proposals Map, is considered to be of comparable quality and character to the existing AONB by virtue of the following attributes;

• Rural character with steep wooded and agricultural slopes enclosing and containing the open water, saltings and mudflats of the estuary;

• Tranquil and predominantly undeveloped character extending to the water’s edge;

• Views to and across the open water of the estuary and forming a distinctive backdrop for views from the open water and the northern estuary slopes in Suffolk;

• Historic port settlements including Mistley and Manningtree providing important landmarks;

• Estuarine and intertidal habitats forming a part of the Stour Estuary Special Protection Area (SPA) of international importance for wading birds and wildfowl;

• Presence of large houses and associated designed landscapes including Nether Hall and Wrabness Hall

6.37 Within theis area proposed as an extension of the Suffolk Coast and Heaths AONB, the Council will most rigorously apply its other policies for protecting landscape quality and policy EN5a with particular regard to ensuring that any new development in the designated area conserves and enhances its natural beauty and its special landscape character. Policy NR3 of the Replacement Structure Plan will also be applied to all new development proposals within the proposed extension area.

Planning for Biodiversity

6.38 The term biodiversity is used to describe the variety and complexity of living organisms and the ecological network of which they are part. It is a core objective of this Plan to

Protect and enhance the natural environment of the District to ensure that the area’s biodiversity and landscape are enjoyed by future generations”.

6.39 The District, with its predominantly rural character and unspoilt coastline, , supports an important biodiversity resource.is considered to have high levels of biodiversity.

6.40 Policy EN6 refers to nature conservation features that contribute to maintaining biodiversity. They include species and their habitats, geology and geomorphology (geodiversity) and features that provide links between habitats such as wildlife corridors. In particular, the Council will have regard to the features that are highlighted in the Essex Biodiversity Action Plan (BAP) when determining planning applications.

6.41 All Ddevelopment proposals affecting biodiversity, directly or indirectly nature conservation should include an assessment of the impact of the proposed development upon biodiversity and details of proposed measures to protect, enhance and limit impacts on the features that contribute to the District’s biodiversity.

6.42 Exceptionally, the Policy will allow development that does not preserve or enhance features of biodiversity. The Council will only do so where it considers that there are very important local, regional or nationally important planning benefits to be achieved by allowing the development. It will be for an applicant to demonstrate these benefits as part of the planning application. Where the loss of features of biodiversity is permitted, appropriate compensatory measures must be included with the development proposal. Planning conditions or legal agreements will be used to secure these, and their maintenance, for the longer term.

Protected Species

6.42a The Wildlife and countryside Act 1981 gives statutory protection to many animal and plant species, including badgers, bats, otters, barn owls and great crested newts, irrespective of whether planning permission has been granted. The Protection of Badgers Act, 1992 gives badgers and their setts additional protection. A license is required to permit interference with a sett in the course of development. This also applies to the use of machinery within 30 metres.

6.42b Statutory protection is afforded to seals through the Conservation of Seals Act 1970, although the degree of protection is periodically amended through various Conservation of Seals (England) Orders. Given that the orders remain in force for specified periods, it is important that any reference to the Act is qualified by further reference to any orders, which may be in force at any particular time.

6.42c Certain species, including all bats, otters and great crested newts are also protected under the Habitats Regulations 1994, whereby it is an offence to deliberately capture, kill or disturb these species or damage or destroy their breeding site or resting place. Developments affecting these protected species also require a licence from the Department for the Environment, Food and Rural Affairs (DEFRA), irrespective of whether planning permission has been granted.

6.42d The Council in considering development proposals likely to have an adverse impact upon protected or nationally rare species will liase with English Nature. In exceptional cases when planning permission is granted contrary to policy EN6a the Council will seek to impose conditions and/or enter into planning obligations to minimise adverse effects and will allow for the continued survival of the species.

Habitat creation

6.42e In some instances development on sites that have no particular wildlife value can potentially benefit biodiversity. This can be achieved through habitat creation, or by making other land available for public enjoyment. It can be a simple scheme based on appropriate planting, or a comprehensive scheme including provision for public access. The District Council will seek to identify opportunities for habitat creation when considering proposals. Particular emphasis will be given to the creation of habitats and the Essex Biodiversity Action Plan will be taken into account as well.

Mineral Resources

6.43 Planning applications for the winning or working of minerals (quarries) are dealt with by Essex County Council and therefore the degree of influence the District Council can have is limited to giving observations on those applications and providing responses to consultations on reviews of the Essex Minerals Local Plan. However, Government advice on the preparation of development plans is that they should aim to prevent unnecessary sterilisation of areas of high quality mineral resources when decisions are taken on the location of development.

6.44 The County Council has an Adopted Minerals Local Plan. This plan identifies areas to guide the location of mineral workings across the County. The County Council is committed to monitoring mineral working across the County, reviewing and keeping policies up to date, and the enforcement of planning control at operational quarries.

6.45 The Minerals Local Plan forms part of the development plan for Tendring and will be used to guide local planning decisions on matters relating to mineral extraction.

6.45a The County Council has an Adopted Minerals Local Plan. This plan identifies areas to guide the location of mineral workings across the County. The County Council is committed to monitoring mineral working across the County, reviewing and keeping policies up to date, and the enforcement of planning control at operational quarries. The Minerals Local Plan forms part of the development plan for Tendring and will be used to guide local planning decisions on matters relating to mineral extraction.

6.46 Minerals are a finite natural resource and, aggregates especially, are essential to wider society as the key raw material of new buildings. Other minerals are essential for a variety of manufacturing purposes. Therefore it is an objective of planning policy to ensure that the potential to exploit minerals is not unnecessarily prevented.

6.47 Therefore Tendring wishes to ensure availability and minimise pressure to exploit resources in more environmentally sensitive areas. Thus proposals that would sterilise or prejudice the extraction of known supplies will not be permitted. New development that is close to or adjoining mineral resources could prejudice extraction because of the need to protect that new development from the disturbance caused by mineral extraction, such as noise, dust, traffic movements and landscape impact.

Enhancement of the Natural Environment and Landscape

Historic Landscapes

6.48 Protecting and enhancing the landscapes of the District are an important objective for the Plan. The features, both natural and man-made, that contribute to the special character of the District’s landscapes must be protected individually for the overall character to be maintained. Many of these features are protected under legislation or are otherwise recognised for their contribution to the appearance of an area or as a habitat for certain species of wildlife. The historic dimension to landscapes must be recognised by proposals for development. Landscapes have evolved over hundreds of years. The purpose of Policy EN8 is to protect these landscapes, including their openness, and those features that make up the historic dimension to the District’s landscapes.

6.49 Ancient woodlands are those that have been in continuous existence since before 1600. They contain a wide range of flora and fauna, much of which can only be found on woodland sites e.g. bluebells and wood anemones. It is impossible to recreate ancient woodland habitat, with its complex interrelationships of plants and animals, geology, soils and nutrient cycling systems as well as cultural and historic values. All ancient woodland over two hectares is recorded in the Ancient Woodland Inventory (see Appendix 5).

6.50 Trees and hedgerows are two of the most widely valued features of our environment. The Council has a statutory right to use Tree Preservation Orders in order to protect the most valuable specimens, whilst the Hedgerow Regulations (1997) safeguard certain historic hedgerows in the countryside. Ancient and veteran trees and hedges are an important part of the district’s culture and landscape heritage. They have resonated with the history of the landscape and form markers in the lives of individual people and communities. In addition, mature Ttrees and hedges particularly provide valuable habitats for a range of wildlife, are of important visual value and enhance the quality of the environment. Hedges and trees also provide shelter and help reduce atmospheric pollution and noise. Any development that would result in the loss or damage to such hedges and trees will not be granted planning permission.

6.51a It is important that there is no further loss of ancient trees and hedges through development pressures, mismanagement or poor practise. This Council therefore feels strongly that Aany development that would result in the loss of or damage to such hedges and trees will not be granted planning permission. To summarise, planning permission will not be granted for development that would have an adverse impact upon the physical appearance, landscape character or historic or archaeological interest of Historic Landscapes, including the ancient woodlands, trees, hedgerows and other physical components which are essential features of these landscapes. These landscapes are protected by policy EN1.

Historic Parks and Gardens

6.51 Historic parks and gardens comprise a variety of features - the open space itself, views in and out, the planting, water features, built features, and archaeological remains. There is a need to protect such sites and their settings from new development that would destroy or harm the historic interest, and to encourage sympathetic management wherever possible.

6.52 The Essex County volume of the English Heritage Register of Parks and Gardens of Special Historic Interest in England contains three entries for Tendring: St. Osyth Priory, Thorpe Hall (Lady Nelson Home) and Clacton Seafront Gardens that was designated in 2002. Each garden is classified as Grade II.

6.53 The extents of these gardens are shown on the Proposals Map and Proposals Map Insets and further details, including their descriptions are included in Appendix 6.

6.53a The Essex County volume of the English Heritage Register of Parks and Gardens of Special Historic Interest in England contains three entries for Tendring: St. Osyth Priory, Thorpe Hall (Lady Nelson Home) and Clacton Seafront Gardens that was designated in 2002. Each garden is classified as Grade II. The extents of these gardens are shown on the Proposals Map and Proposals Map Insets and further details, including their descriptions are included in Appendix 6.

6.54 Not only should the Gardens included in the National Register of Historic Parks and Gardens by English Heritage be strongly protected from harmful development, but all parks and gardens with significant character should be protected. These are currently being identified by the Essex Gardens Trust and will be included in their Inventory of Historic Designed Landscapes of Importance. This Council will not permit development which would adversely affect the appearance, historic character or setting of sites included in the English Heritage Register of Parks and Gardens of Special Historic Interest or gardens included in the Inventory of historic designed landscapes of importance compiled by the Essex Gardens Trust. Policy EN1 refers.

Protected Lanes

6.55 Protected Lanes are designated by Essex County Council in order to preserve the traditional character, historic value and landscape value of lanes. These lanes have evolved over hundreds of years rather than having been designed or constructed in engineering terms. These protected lanes are listed in Appendix 7 and identified on the Proposals Map and various Proposals Map Insets.

6.56 The ditches, hedges or banks that form the road boundaries may reflect long vanished field systems or be the result of repeated ploughing, and the verges are often of botanical interest. The lanes also have an amenity value based on the variety of verge widths, lynchets, banks, ditches and other features. The Replacement Structure Plan acknowledges the historic and landscape value of certain lanes within the countryside in Policy NR5 whilst policy EN1 addresses this issue within the Local Plan.

6.56a This Council will not permit development that would have an adverse effect upon the traditional landscape and nature conservation character of roads designated as protected lanes, including their associated verges, banks and ditches. In addition, proposals that would adversely affect the physical appearance of protected lanes, or give rise to a material increase in the amount of traffic using them will also not be permitted. Policy EN1 refers.

Protection of Sites Designated for their Nature Conservation, Geological or Other Scientific Value.

6.57 The importance of the Tendring District for nature conservation and other scientific interest is reflected in the high number of international, national and local designations. The objectives of the Government and the County Council are to ensure that the planning process positively assists the conservation of the abundance and diversity of wildlife. Through the local planning process, the District Council supports these Government and County Objectives.

6.58 The Council is committed to protecting sites of international, national and local nature, geological and other scientific interest. The designated sites to which Policy EN11 relates are shown on the Proposals Map and Proposals Map Insets. A list of the designated sites is contained in Appendix 8.

Sites of International Importance

6.59 Ramsar Sites, including the Stour and Orwell Estuary, are designated under the International Convention on Wetlands of International Importance especially as Waterfowl Habitat (the Ramsar Convention). Ramsar Sites are designated because they contain representative, rare or unique wetland types, or they are sites of international importance for conserving biological diversity.

6.60 The Joint Nature Conservation Committee (JNCC) has identified specific adverse factors potentially or actually affecting the ecological character of UK Ramsar Sites. The JNCC is the UK Government’s wildlife adviser, undertaking national and international conservation work on behalf of the three country nature conservation agencies including English Nature. Ramsar sites enjoy the strongest level of policy protection and developments which would adversely affect such sites must meet the stringent test set by European Legislation. Such developments require Environmental Impact Assessment and are only likely to be considered for development if no alternative sites exist and an overriding public interest has been demonstrated.

6.61 The UK is of major international importance for several groups of birds. These include: breeding seabirds, wintering and passage wildfowl and waders, birds of Britain’s distinctive uplands, and birds of the Caledonian pine-forest. A high proportion — in some cases all — of the national and international populations of such species utilise the UK Special Protection Area (SPA) network. SPA sites are classified in accordance with the EC Birds Directive to protect birds and their habitats. There are three that could be affected by development within Tendring: (i) Colne Estuary, (ii) Stour and Orwell Estuaries, and (iii) Hamford Water.

6.62 Special Areas of Conserverations (SAC) are designated under the EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (the Habitats Directive). They are designated for the protection of habitats and (non-bird) species and include types and species that are considered to be most in need of conservation at a European level. A selection of these habitats and species are given priority status in the Directive because they are considered to be particularly vulnerable and are mainly, or exclusively, found within Europe.

6.63 Within Tendring, the Essex Estuaries Special Area of Conservation (SAC) will impact upon development proposals. This is a large estuarine site covering a large part of coastal Essex, and is typical of an undeveloped, coastal plain estuarine system with associated open coast mudflats and sandbanks. The site comprises the major estuaries of the Colne, Blackwater, Crouch and Roach rivers and is important as an extensive area of contiguous estuarine habitat. The mudflats and sandflats that are not covered at high-water are another important factor in the designation of this SAC.

6.64 All of the sites of international importance are indicated on the Proposals Map and Proposals Map Insets.

6.64a Within Tendring, the Essex Estuaries SAC will impact upon development proposals. This is a large estuarine site covering a large part of coastal Essex, and is typical of an undeveloped, coastal plain estuarine system with associated open coast mudflats and sandbanks. The site comprises the major estuaries of the Colne, Blackwater, Crouch and Roach rivers and is important as an extensive area of contiguous estuarine habitat. The mudflats and sandflats that are not covered at high-water are another important factor in the designation of this SAC. All of the sites of international importance are indicated on the Proposals Map and Proposals Map Insets.

Nationally Important Sites

6.65 Sites of national importance should also be protected against development unless the reasons for the development clearly outweigh the importance of the site in national terms. NNRs are declared under Section 19 of the National Parks and Access to the Countryside Act 1949 or Section 35 of the Wildlife and Countryside Act 1981. NNRs contain examples of some of the most important natural and semi-natural ecosystems in Great Britain. They are managed to conserve their habitats, providing special opportunities for scientific study of the habitats, communities and species represented within them. Wherever possible, access by the public is encouraged. Local examples are Hamford Water, and in the Colne Estuary, Colne Point and Brightlingsea Marshes.

6.66 SSSIs are notified and designated under section 28 of the Wildlife and Countryside Act 1981 (as amended). The designation is the main site protection measure in the UK. All SPAs, Ramsar Sites, SACs and NNRs have first to be notified as SSSIs.

6.67 These nationally important sites are indicated on the Proposals Map and Proposals Map Insets.

6.67a SSSIs are notified and designated under section 28 of the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way (CRoW) Act 2000). The designation is the main site protection measure in the UK. All SPAs, Ramsar Sites, SACs and NNRs have first to be notified as SSSIs. These nationally important sites are indicated on the Proposals Map and Proposals Map Insets.

Regional/Locally Important Sites

6.68 Local Nature Reserves (LNRs) are designated by local authorities under section 21 of the National Parks and Access to the Countryside Act 1949 for the same purposes as NNRs, but because of the local rather than the national interest of the site and its wildlife. LNRs are shown on the Proposals Map and Insets.

6.69 Non-statutory Nature Reserves are established and managed by a variety of public and private bodies e.g. county wildlife trusts or the Royal Society for the Protection of Birds. A number of these Reserves exist in Tendring as listed in Appendix 8. Sites of Importance for Nature Conservation County Wildlife Sites (SINCCoWSs) have been identified by the Council because of certain nature conservation issues of local importance as notified by the E.W.T Essex Wildlife Trust. These sites are indicated on the Proposals Map and Proposals Map Insets and a full list is set out in Appendix 8.

6.70 Development that would have an adverse effect upon any of these designated sites non-statutory nature reserves will not be granted planning permission unless mitigation or compensatory action is proposed which is appropriate to the status of the affected site. It will be for an applicant to demonstrate that the development would not adversely affect the value of a site or that mitigation or compensation is sufficient to outweigh the harm. Therefore, an assessment of the impact of the proposed development upon these interests must accompany development proposals.

6.71 The Council has produced SPG for nature conservation. This was prepared by the Tendring Nature Conservation Advisory Group in association with the Council. Published and adopted in 1996 it provides more detailed guidance on aspects of nature conservation. To ensure the guidance remains up to date, it will be reviewed when resources are available.

6.72 Particular attention is drawn to the need for Environmental Impact Assessments to be carried out, for certain development defined in the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (as amended). Applicants are particularly directed to the importance of discussing with the Council at an early stage ecological implications to identify the scope of an Environmental Statement.

6.73 The degree of protection given to sites will be appropriate to their international, national, regional or local importance. PPG9 “Nature Conservation” provides guidance on the status of such sites.

6.73a The Council has produced SPG for nature conservation. This was prepared by the Tendring Nature Conservation Advisory Group in association with the Council. Published and adopted in 1996 it provides more detailed guidance on aspects of nature conservation. The degree of protection given to sites will be appropriate to their international, national, regional or local importance. PPG9 “Nature Conservation” PPS9 “Biodiversity and Geological Conservation” and Circular 06/2005 provides guidance on the status of such sites.

6.74 Core Policy QL12 sets out the Council’s approach to the use of planning obligations as a tool for securing measures that may be required to mitigate or compensate for adverse impacts or loss of natural resources. Where appropriate, planning obligations will be sought in order to secure environmental enhancements, including the provision and long term management of open space and nature conservation features. Policy QL12 will therefore apply in addition to Policy EN11 Policies EN11a, EN11b and EN11c below.

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