INTRODUCTION

6.1 This chapter outlines the Council’s approach to the natural and built environment. It contains policies that aim to protect and enhance the natural environment through affording protection to biodiversity through the Lincolnshire Biodiversity Action Plan. It also seeks to protect woodlands and the wider landscape character. There are also policies which aim to protect Conservation Areas, Listed Buildings, archaeological remains and the built environment generally.

6.2 There have been unprecedented pressures on the traditional landscapes and wildlife habitats found in the natural environment. The realisation that so much has been lost, in terms of landscape quality and ecological value has resulted in a growing awareness of the need to safeguard the natural beauty of the countryside, as well as in the specially designated areas.

6.3 The protection and improvement of the environment has great relevance for the countryside which in terms of area is by far the majority of West Lindsey. There are areas where the landscape is considered particularly special, including the Lincolnshire Wolds Area of Outstanding Natural Beauty and areas identified to be of Great Landscape Value.

AIMS AND OBJECTIVES

6.4 Through the Local Plan First Review the Council seeks to reflect and, where necessary, reconcile the policy from the National, Regional and Strategic Authorities. Thus policies have been formulated with a number of objectives in mind:

·  To protect, conserve and enhance, whilst ensuring minimal long-term impact of development on the natural and man-made environments of the District.

·  To promote the effective management, protection and enhancement of environmental resources including water, air, land and soils, landscape character, ecology and biodiversity.

·  To preserve Listed Buildings and conserve and enhance the qualities of Conservation Areas and their buildings, so that their value, in terms of the District’s environment, heritage and culture, is retained.

·  Under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990, to investigate and designate new areas as worthy for special protection, when it comes to the attention of the Council, by whatever means, that such protection is appropriate.

NATIONAL, REGIONAL & STRATEGIC GUIDANCE

6.5 Central Government Policy in PPG12 (Development Plans), indicates that account must be taken of the environment in the widest sense in the pursuit of more sustainable development. PPS7 (Sustainable Development in Rural Areas) states that new development should respect, and where possible enhance, the environment in its location, scale and design. PPG15 (Planning and the Historic Environment) and PPG16 (Archaeology and Planning) deal with specific issues relating to the historic and archaeological environments.

6.6 The Regional Spatial Strategy for the East Midlands (RSS8) aims to conserve and creatively manage the natural resources and cultural assets of the East Midlands with reference to sustainable development principles.

6.7 RSS8 advocates that new development in the natural and built environment should reflect regional and local distinctiveness, and the protection, management and enhancement of the East Midlands should be integral considerations in decisions on development.

6.8 The Lincolnshire Structure Plan Review contains the strategic guidance which aims to facilitate reasonable, appropriate and sustainable development for the natural and built environment whilst affording protection for its own sake.

DEVELOPMENT IN CONSERVATION AREAS

6.9 The Planning (Listed Buildings and Conservation Areas) Act 1990 empowers the Council to designate Conservation Areas which are specific areas that are considered to be of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Conservation Area designation should not be seen as a means of preventing development, but there must be an emphasis on the need for control and positive management of these special areas.

6.10 The Conservation Areas in West Lindsey are defined on the inset maps and detailed Conservation Area Appraisals have been prepared to explain more precisely their specific character. These are adopted as Supplementary Planning Guidance and therefore become a material planning consideration in the determination of planning applications for developments within Conservation Areas.

JUSTIFICATION

6.11 Development which is unsympathetic in nature to the character of a Conservation Area, and will detract from that character will be contrary to the objective of preserving and enhancing Conservation Areas.

6.12 Central Government Policy in PPG15 (Planning and the Historic Environment) indicates that Local Authorities, in determining planning applications for development in Conservation Areas, should pay special attention to the bulk, height, use of traditional materials, colour, horizontal or vertical emphasis and design of any building. The Council will ensure that any development within Conservation Areas will be appropriate, well designed and in sympathy with the character of the area. As Policy STRAT 1 indicates, adequate information must be supplied with all applications so that the effects of development proposals can be properly judged. Conservation Areas are sensitive locations and therefore, in accordance with Policy STRAT 1, detailed plans are likely to be necessary as part of the planning application in order to assess the impact on the area. Simple outline applications do not normally have the detailed plans necessary to make the judgement required under Policy STRAT 1.

JUSTIFICATION

6.13 When the Council is considering an application for Conservation Area Consent it does not have a duty to have regard to the Development Plan, unlike the when dealing with applications for planning permission.

6.14 Special attention should be paid to the desirability of preserving or enhancing the character or appearance of the area by virtue of the Planning (Listed Buildings and Conservation Areas) Act 1990, Section 72 (1). It is the view of the Council that, although it does not have a duty to have regard to this Plan when considering application for Conservation Area Consent, this Local Plan First Review is the correct place in which to specify the approach that the Council will take when dealing with such applications. If the policy does not appear here it will make it difficult for those who propose development in Conservation Areas to ascertain how their applications would be treated as the policy guidance would be fragmented.

6.15 Generally, each building or structure within a Conservation Area contributes to the overall character of the area. Demolition of buildings, which may not be of particular interest in themselves, can still harm the character of the area, because that demolition can adversely affect the setting of other buildings and reduce the number of individual elements which contribute to the overall character of the area.

6.16 The Council will not lightly allow consent for demolition of buildings in Conservation Areas. The Council is required to pay special attention to the desirability of preserving or enhancing the character or appearance of the area.

6.17 The Council recognises that there are some buildings which are falling into disrepair through lack of use and for which serious efforts to find an alternative acceptable use have not been successful. In such cases demolition may have to be considered.

6.18 It is also the case that consent for demolition should not be given unless there are acceptable and detailed plans for redevelopment. Any redevelopment on the site, of course, has the same consequences as new development in conservation areas and should therefore comply with Policy NBE 1. The demolition of an unlisted building can have an impact on the setting of the Conservation Area.

6.19 It is often appropriate to impose a condition on the grant of consent for demolition to agree a planning obligation to prevent any demolition until the development contract and planning permission have been obtained.

LISTED BUILDINGS AND THEIR SETTING

6.20 Buildings and structures are ‘˜listed’ for their special architectural or historical interest and fall into one of three grades.

6.21 The Planning (Listed Buildings and Conservation Areas) Act 1990 defines the grades of Listed Building. Grade 1 buildings are of exceptional interest and nationally account for only 2% of all Listed Buildings. Grade 2* buildings are important buildings which are of more than special interest. The remainder are Grade 2 and are of special interest. There are 952 Listed Buildings in West Lindsey: 60 are Grade 1; 79 are Grade 2* and the remainder are Grade 2.

JUSTIFICATION

6.22 Buildings and structures of many ages, types, styles and functions are listed, but generally they are each considered to be a good example of the type and period. They are usually in, or similar to, their original condition or have been subsequently altered or extended without detriment to their original character. Insensitive alterations and extensions can easily destroy that which made the building listed in the first instance.

6.23 The Council has a duty to consider the desirability of preserving and enhancing Listed Buildings. Alternative uses which retain a building in use but require alterations, can be considered, but this should not be at the expense of the integrity of the building.

6.24 This Policy is intended to apply in cases when any proposals, which require both Listed Building Consent and Planning Permission, have the potential to have an impact on the character of a Listed Building. It is also applied in cases where proposals require only Listed Building Consent (i.e. are not development) but which could affect the Council’s decision on a related application for planning permission.

6.25 It is not intended to apply to proposals which have no impact on the issues of development control. These might include certain types of alterations, repairs or maintenance works.

6.26 The setting of a Listed Building is in many cases almost as important as the building itself. The visual satisfaction afforded by such buildings is often added to because of the position they occupy in the town, settlement or countryside scene. The juxtaposition of other buildings, the proximity of trees and other landscape features and the various informal, sometimes surprising views of the building, can all be vitally important to the full appreciation of the Listed Building. Developments that close off important views of the building, or which detract from its immediate environment will therefore be resisted.

DEMOLITION OF LISTED BUILDINGS

6.27 Demolition or alteration of a Listed Building may affect its character and requires ‘˜Listed Building Consent’. This is similar in procedure for obtaining planning permission but there is no fee. It allows the case for preserving the building as it presently exists, to be considered before any work takes place, to prevent unsympathetic alterations and extensions.

6.28 When the Council is considering any proposal special regard will be had to the preservation of the Listed Building, its setting and its special architectural or historical interest features.

JUSTIFICATION

6.29 The loss of Listed Buildings is of concern to all including English Heritage. It is not only the large and well-known buildings that are being threatened in this way, but the smaller and less conspicuous ones. These buildings are no less valuable and contribute much to the typical street or landscape scene.

6.30 English Heritage are concerned that there is no clear national picture of how many Listed Buildings may be lost by demolition on account of their poor condition. Such buildings are labelled as ‘˜at risk’. West Lindsey has established a register of buildings ‘˜at risk’ so that a full picture of Listed Buildings which may be under threat can be drawn up. Without this, it would be difficult to argue a case for more resources to be made available to tackle buildings at risk or to direct existing resources and grant-aid in the most appropriate manner. It is incumbent on the applicant to demonstrate that all reasonable measures have been explored in relation to grant aid.

6.31 In the survey for the register, all Listed Buildings are categorised according to their structural condition and if appropriate their use and occupancy. Those buildings which appear to be in the greatest state of disrepair are placed in categories 1, 2 and 3 and appear in the ‘˜at risk’ register. Inclusion on the list implies no criticism of the owners. This register is reviewed periodically and will be used as a means for promoting the protection of those Listed Buildings most at risk on a continuous basis.

ANCIENT MONUMENTS, SITES & REMAINS OF ARCHAEOLOGICAL IMPORTANCE

6.37 There are many areas of archaeological interest in West Lindsey. Some sites are considered to be of special importance, because they are a fine or interesting example from a particular period. Such sites or structures are scheduled as Ancient Monuments. These are identified on the Proposals Map and listed in Appendix 3.

6.38 Consent must be sought from Central Government prior to the commencement of certain works which will affect a Scheduled Ancient Monument.

6.39 As well as the Scheduled Ancient Monuments, there are other sites which are of archaeological interest. Some of these, although not scheduled, may be of great value in terms of the information that they provide. Other sites although of lesser importance, are still worthy of protection. In addition, there will be many sites which have not yet been discovered, but which when identified will be worthy of protection.

6.40 It is the Council’s intention to protect the District’s archaeological heritage. Often there will be archaeological remains present which may not be known about before the development proposals are made or even until development commences. If it appears that there are such remains the Council will expect the applicant to provide enough information to determine how the proposals will affect them. Insufficient information produced may be a reason for refusal of planning permission.

6.41 If archaeological remains are to be retained, they should be retained in situ if at all possible. The preservation of sites, either by transfer of remains elsewhere or by record, is regarded as a second best option. If it is decided that the recording of sites in situ is not justified, the Council will require satisfactory provision for the excavation and recording of the remains. This may involve trial excavations, watching briefs, field surveys, access to the site by experienced archaeologists and the publication of survey results.

6.42 The Council may consider that the character, setting or physical structure of an archaeological site is being, or would adversely be, affected by permitted development. In this case then there may be a need to curtail these rights by making an Article 4 Direction under the Town and Country Planning (General Permitted Development) Order.

JUSTIFICATION

6.43 Where nationally important remains and their settings will be affected by the proposed development, there should be a presumption in favour of their physical preservation. The situation of the remains or area of interest lends much to its character, so the effect that development has on this is an equally important consideration.

6.44 In order to reach a decision on a development which would affect archaeological sites and remains, the Council must have full regard of the appropriate information. Government policy indicates that it is not unreasonable for the Council to request an archaeological field evaluation be carried out prior to any decision being made.

6.45 In some cases, when weighing up the need for the development against the desirability of retaining archaeological remains, the Council may conclude that development should proceed. This will only be the case when it is satisfied that appropriate arrangements have been made to reduce the potential damage to any remains.

6.46 The preservation of the remains in situ is the best arrangement. Excavation results in the total destruction of the remains apart from the removal of some artefacts. If remains are preserved in situ, it is likely that, should excavation be an option in the future, it will reveal more information than would result from a hurried excavation prior to development. An adequate record of the archaeological remains should be made before they are lost; this will implemented through the imposition of conditions to the grant of planning permission.

HISTORIC PARKS AND GARDENS

6.47 English Heritage maintains the statutory list of historic parks and gardens of special historic interest. In addition, the Council has undertaken research and identified a further list of parks, gardens or other formally laid out areas in the District. Whilst these areas may not have the special historic interest that is attached to those identified by English Heritage, they are important to the District because of their local historical significance and/or visual effect of their formal layout. The list both of the parks and gardens identified by English Heritage and West Lindsey is contained in Appendix 5.

6.48 These sites do not have any statutory protection and entail no additional control in planning terms but the Council has taken them into account when preparing the Local Plan First Review.

6.49 When development proposals come forward which are likely to have an effect on parkland or garden area listed by English Heritage, the Council will consult that body.

JUSTIFICATION

6.50 Because of their historical interest and the features that the grounds contain, both in landscape and architectural terms, the parklands and gardens are a valuable element contributing to the overall character of the District. These areas are an asset to the District, for their landscape value and recreational and tourism potential.

6.51 Where development affecting a Historic Park and Garden or its setting is proposed a historic landscape appraisal report may be required to indicate how the proposal reflects the character and setting of the area. The Council wants to protect the element of variety that these gardens provide in the landscape, whilst also retaining their historic and architectural value. Development which is designed sympathetically and fits in with the character of the area may be allowed to proceed. However, development will normally be resisted when it is proposed either in or adjacent to the grounds and which would harm the character of the gardens. The exact scope of the policy, in terms of types or location of development, cannot be precisely defined, as proposed development of different types has the potential to have widely varying effects which are difficult to predict.

THE LINCOLNSHIRE WOLDS - AREA OF OUTSTANDING NATURAL BEAUTY

6.52 Within the District there is part of the designated Area of Outstanding Natural Beauty (AONB), the Lincolnshire Wolds. The AONB, designated in 1973, covers about 156 square kilometres (60 square miles) of the eastern part of the District to the north-east of Market Rasen and east of Caistor. The Management Plan for the Wolds 2004 - 2009 has now been published.

6.52a The Countryside and Rights of Way Act 2000 (CRoW Act) underlined the importance of AONBs and introduced specific requirements for local authorities and public bodies in looking after these nationally important landscapes. The Act created a new statutory duty for all AONB local authorities to publish and review AONB Management Plans. The Lincolnshire Wolds AONB Management Plan (2004-09), will compliment the West Lindsey Local Plan First Review formulating partnership policies and action for protecting and enhancing this special place.

6.53 The main purpose of AONBs is the conservation and enhancement of the natural beauty of the area - the landscape, ecological and geographical interests, and heritage, including archaeology and settlement character. The conservation of the human influence on the areas, in terms of archaeological, architectural and vernacular feature is also important. The AONBs are designated to cover areas of high scenic quality and in that respect they have the same status as National Parks.

6.54 Recreation is not a statutory purpose of AONB designation but it is likely that, because of the scenic quality of the areas, they will be a destination for countryside visitors. The demand for recreation should only be met insofar as it is consistent with the primary aims of AONB designation. There is a need to safeguard agriculture and other rural industries, so that the economic and social well-being of communities in the area can be maintained.

6.55 Central Government and the Countryside Agency have indicated that they see Local Plans as the vehicles for detailed policies which will guide the use of land in AONBs. Thereby they have a significant role to play in achieving the objectives of AONB designation.

6.56 Development having a detrimental effect on the character and appearance of the landscape should not be permitted. Those providing for quiet enjoyment and appreciation of the area and recreation will normally be allowed.

JUSTIFICATION

6.57 It is because of the clear and strong policy of Central Government, public agencies and the County Council that the landscape quality of the AONB should be preserved, that the Council considers in this instance that it is justifiable that harmful development should not be permitted. Applicants will be required to make it clear what circumstances exist in the AONB that justify development there rather than elsewhere. For any such development to proceed it will have to be essential in national interest terms and, necessary in that location, as set out in the policy tests. PPS7 (Sustainable Development in Rural Areas) does not define what constitutes major development, definitions of ‘˜major’ are defined in relation to categories of various planning applications and in the absence of any other definition these thresholds will need to be used in the application of this policy. When applying the thresholds however regard will also need to be taken of the total extent of the proposal where an application is a phase of a larger development.

6.58 The purpose of the AONB designation was not to preserve the area completely unchanged. The Council recognises it needs to safeguard agricultural and other existing rural industries, to ensure the social and economic well-being of the rural communities in the AONB. Allowing such industries to continue their use in a particular location leads to a demand for further change and growth.

6.59 Small scale development intended to meet the economic and social needs of local communities may be permitted provided that they do not harm the character and appearance of the AONB or impact upon the special qualities of the AONB and the ability of others to enjoy the area’s uniqueness. Facilities for quiet enjoyment and appreciation of the area may also be permitted where these do not harm the character and appearance of the AONB. Without minimal change, which allows the communities to maintain their social and economic vitality and viability, the role and function of the settlements can alter. This may lead to greater demands for unacceptable development which is out of character with the area.

PROTECTION OF LANDSCAPE CHARACTER AND AREAS OF GREAT LANDSCAPE VALUE

6.60 The countryside within West Lindsey consists of a variety of landscapes, which when combined together; produce a landscape of unique character and pattern. Outside of the statutorily designated Lincolnshire Wolds AONB there are a number of landscape elements within the District which are of particular long-standing importance to the District as a whole.

6.61 Areas of landscape character and natural areas have been identified at a National Level which is then reflected in the Lincolnshire Structure Plan Review. West Lindsey commissioned a Landscape Character Assessment in 1999 to identify the particular landscape character areas within West Lindsey. This independent assessment was carried out by consultants and went onto identify the features important to protecting those character areas from the adverse impact of development. This has then been amplified further in the Countryside Design Summary published in 2003 as Supplementary Planning Guidance (SPG) which provides clearer guidance on the issue of development and the protection of landscape character. This Local Plan First Review goes on to designate the most important and striking parts of the landscape as Areas of Great Landscape Value (AGLV), which are defined on the Proposals Maps. One of the objectives of the Lincolnshire Structure Plan Review is to ensure that Local Plans recognise the distinctiveness of landscape character, and ensure that natural areas are protected, appropriately managed and enhanced. The Regional Spatial Strategy for the East Midlands notes that local authorities should be informed by landscape character assessments and that these should be taken into account when considering development proposals and used to justify retention of any local landscape designations.

6.62 The AGLVs were first designated in the 1952 Lindsey County Development Plan and have been carried forward ever since in subsequent development plans. In order to justify the retention of this local designation the findings of the Landscape Character Assessment and the Countryside Design Summary for West Lindsey are used, these clearly define the characteristics of these landscapes as being particularly susceptible to change from development proposals. The consultants, in the Countryside Design Summary cited the Lincoln Cliff and fourteen other significant landscape features within the District, and their conclusions provide a thorough and robust justification for retaining this local landscape designation. The AGLV includes the Lincoln Cliff, land adjoining and extending north and west from the Lincolnshire Wolds AONB and the land to the north, east and south of Gainsborough.

JUSTIFICATION

6.63 The Areas of Great Landscape Value are felt to be of distinctive value to the character of the District as a whole and development that may impact on their character would detrimentally affect the overall character of West Lindsey. These AGLVs follow landscape features which run through towns and villages, therefore the AGLV designation washes over those settlements. The only exception is Gainsborough, where the AGLV stops at the settlement boundary. This is for practical reasons only to allow all the other designations in the town to be shown on the inset plans. The landscape features of Gainsborough should still be protected. Around the northern fringe of Lincoln the AGLV’s run into and are replaced by Green Wedges; in these wedges the same landscape consideration will still apply.

6.64 The Landscape Character Assessment and Countryside Design Summary reinforces the value of landscape diversity and the contrasts in landscape character within the District. It covers all the landscapes in West Lindsey, not just those noted for scenic, nature conservation or heritage value and places particular emphasis on landscapes which provide the setting for towns and villages.

6.65 The Council recognises the importance of areas for their landscape qualities. Development proposals within them will be strictly controlled to ensure that such proposals do not in any way result in unacceptable harm to the landscape. Landscape change is necessary but should not be allowed to erode the landscape character and local distinctiveness. By taking account of landscape character, new development, when necessary, can be successfully accommodated and may provide opportunities to enhance the existing landscape. The Countryside Design Summary SPG provides more detailed guidance on this subject.

DEVELOPMENT AFFECTING SITES OF SPECIAL SCIENTIFIC INTEREST AND NATIONAL NATURE RESERVES

6.66 Central Government aims to protect Sites of Special Scientific Interest and National Nature Reserves in order to meet international obligations for nature conservation, and to sustain or enhance the biodiversity of the wider countryside.

6.67 Sites of Special Scientific Interest (SSSIs) have been afforded statutory protection under British law. They are areas of special interest by way of their flora, fauna or geological or physical features. They may consist of woodland, grassland, hedgerows, roadside verges, ponds and water courses.

6.68 The SSSIs in West Lindsey are shown on the Proposals Map and listed in Appendix 1. The areas designated are mostly woodland in the south-eastern quadrant of the District, but other habitats, e.g. ponds and quarries are included. There is only one National Nature Reserve within West Lindsey, the Bardney Lime Wood complex.

6.69 Decisions concerning development in specially designated areas such as SSSIs should take full account of the features or qualities which justified their designation. Permitted development rights in SSSIs are restricted.

JUSTIFICATION

6.70 The importance of conserving the nation’s flora and fauna is widely recognised, and restrictions are applied, by virtue of the designating legislation, on those who want to carry out operations which would affect an SSSI or National Nature Reserve.

6.71 Within the East Midlands there has been a loss of more wildlife than any in other region in England, with an average of one species lost per year over the last century. The majority of the countryside in West Lindsey is subject to intensive farming. This supports relatively little flora and fauna both in numbers and diversity and reduces the overall number of habitats which become smaller and more isolated and fragmented.

6.72 The SSSIs are important because of the wide range of species that they support and because their relative scarcity. They are valuable and irreplaceable parts of the local and national heritage and it is necessary to give them every possible and reasonable protection. Such is their national importance that the Council believes that development should only be permitted in exceptional circumstances, where there is a national interest which cannot be met in another location.

6.73 Where harm may be caused by a development, the imposition of conditions to the planning permission will be utilised as a method of control.

6.74 The actual ability to record or relocate a site will not be a factor which will weigh in favour of allowing harmful development. The benefits resulting from the development of the site must be significant enough to warrant the granting of permission. In all cases the developer must meet any costs which arise to reduce the harmful impact of the development.

6.75 The Council will seek expert advice as to the measures that should be taken to record any value of the site which will be destroyed by the development, when and if it is implemented.

DEVELOPMENT AFFECTING LOCALLY DESIGNATED NATURE CONSERVATION SITES AND ANCIENT WOODLANDS

6.76 Central Government objectives for nature conservation are to ensure that policies contribute to the conservation of the abundance and diversity of British wildlife and its habitats. Furthermore, it aims to minimise the adverse effects on wildlife where conflict of interest is unavoidable, and to meet its international responsibilities and obligations for nature conservation.

6.77 Planning and other legislation enables the designation of various categories of sites of nature conservation; these include international, national, regional and local. The local designations do not have the benefit of statutory protection, however, features which have local significance and should be preserved.

6.78 The key to conservation of wildlife is the protection of the habitats on which it depends; therefore it is essential that there is a wise use and management of the nation’s land resources as a whole in line with the concept of sustainable development.

6.79 Strategic policy recognises the value of the non-statutory Sites of Nature Conservation Importance (SNCIs) and it is indicated that powers to control and, where appropriate, to modify potentially damaging development in these areas should be used.

6.80 The Lincolnshire Wildlife Trust assesses, reviews and designates new nature conservation sites within the District. These sites are shown on the Proposal Maps. Local Nature Reserves are designated by West Lindsey and they seek to protect and manage wildlife habitats. Development proposals must respect locally designated nature reserves in order to protect the habitat for the resident species.

6.81 There are nine identified Regionally Important Geological or Geomorphological Sites (RIGs) and listed in Appendix 7. These are part of a network of sites which are considered to be worthy of protection for their educational, research, historical or aesthetic importance. These are identified by English Nature.

6.82 Ancient woodlands represent a unique habitat created over many hundreds of years. They have had continuous cover of native trees since 1600 or earlier and have not been cleared or extensively replanted since then. Again these are designated by English Nature.

6.83 The Regional Spatial Strategy highlights that ancient woodlands are a feature of the landscape and Local Plans should seek to afford their protection. The East Midlands has a relatively poor level of tree cover when compared to the UK as a whole so the protection, enhancement and creation of new woodlands using native species are important.

JUSTIFICATION

6.84 The Council is of the view that there is a wider remit than just the protection of those sites which are identified in statutes, and Central Government Policy. It is recognised that there is a continuous gradation of nature conservation interest throughout the countryside and in urban areas.

6.85 The Council is therefore of the view that the protection of only statutory sites would not be sufficient to enable the satisfactory protection of wildlife interest in West Lindsey. There are valuable plant and animal species which are found outside of the statutorily protected sites. There will be whole network of habitats, feeding and foraging areas forming the territory for the wildlife.

6.86 The Council does not wish to allow development which will adversely affect important sites thereby reducing the network of wildlife habitats. The loss of a single site can have a great effect on the overall habitat chain and may sever a wildlife corridor. The Lincolnshire Biodiversity Action Plan seeks to retain existing wildlife sites and create new habitats in order to enhance the biodiversity of the County.

6.87 Consideration of measures to retain the integrity of the site will only take place if, within the context of the Policy, the development proposal is acceptable in principle. Such measures may include the possibility of compensatory habitat creation. It would need to be shown however that such newly created habitats are suitable for the plant and animal species displaced from the development site and that the newly created habitat can be sustained in the long term.

6.88 The Ancient Woodlands are unique and the Council believes that any development which would destroy or have a detrimental effect on them is not acceptable. Because these sites do have a special quality, development, if permitted, will need to minimise the negative impacts and consultation with English Nature will be undertaken to determine the most appropriate measures.

6.89 The protection of woodland through proper management, tree preservation orders and the application of felling licences is vital to ensure that woodlands and hedgerows are retained because of intrinsic value to the landscape character.

6.90 The most important wildlife habitats in the area are already protected by special designation on the Proposals Map. The presence of any protected species is a material consideration when the Council is considering a development proposal which would be likely to result in harm to the species or its habitat.

NATURE CONSERVATION IN WILDLIFE CORRIDORS

6.91 Wildlife corridors form important linear routes which link together a network of habitats allowing the safe movement of wildlife.

JUSTIFICATION

6.92 The wildlife corridors provide both an opportunity for wildlife movement and a habitat for species of plants and animals which live within them. They can link a number of areas and range from ditches and hedgerows to rivers and river valleys. Corridors can link up to form a complex network and major disruption to these can be a problem. They are an important part of the countryside and play a crucial role in the quest for the protection and enhancement of the biodiversity within West Lindsey and the wider environs.

6.93 The Council believes that any development which would sever damage or adversely impact upon a wildlife corridor should be resisted. The use of the powers conferred by the Hedgerows Regulations 1997 can help support the protection of the wildlife corridors.

6.94 In addition to such corridors, there are also other areas of the landscape which support a variety of wildlife and species of plant and animal life which may be important to a particular locality, which are afforded protection by Regulation 37 of the Conservation (Natural Habitats, &c.) Regulations 1994. Examples of where such protected species may exist include ponds, ditches, meadows and green lanes. Development should respect, protect and enhance the role and importance of these wildlife habitats for their place within the wider countryside.

WASTE WATER DISPOSAL

6.95 Severn Trent Water and Anglian Water are the water supply and waste water disposal undertakers in West Lindsey dealing with water supply, sewerage and sewage treatment and disposal. There are a number of sewage treatments works in the District and the water companies have a continuing programme of updating and improving them.

6.96 Foul and trade effluent from developments go to the main foul sewerage system, where available, subject to the approval of the water companies. The option of septic tank drainage or package sewage treatment plant may be feasible in some areas to serve a development. Where such proposals are made, much will depend on the ground conditions and the ability of such systems to work satisfactorily, in the location proposed. The Local Planning Authority will have regard to Circular 03/99 (Planning Requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development).

6.97 The Environment Agency is concerned with land drainage and deals with the control of water pollution and protection of water resources. Where mains facilities are not available, developers are expected to consult with the Environment Agency at an early stage to discuss disposal and effluent treatment provisions.

6.98 Developers will be required to design suitable surface water run-off systems to ensure that the development does not give rise to flooding problems. This may involve on-site attenuation or off-site works which will be funded by the developer. The Environment Agency will provide advice when considering proposals for development. On all developments, particularly industrial and commercial, adequate anti-pollution measures must be incorporated into the site infrastructure provision.

6.99 The capacity of existing infrastructure, such as water supply and sewers, is taken into account in the preparation of the Local Plan First Review and, in determining planning applications; the adequacy of the water services is a material consideration. Land drainage issues can also influence the location of the development. Impermeable surfaces, such as paved areas and roofs, reduce the ground area capable of absorbing rainfall with the possibility of increased run-off to water courses. Other land uses such as mining, land drainage and forestry can have similar effects.

6.100 If the provision of services, whether to supply water to a new development, to take it away or to deal with surface water drainage, is not adequate then this need not necessarily prevent permission being granted for such development. In these cases the Council may impose a negative condition to any permission which will restrict any development taking place until such times as a water supply and drainage services are adequate.

JUSTIFICATION

6.101 In the interests of public health and safety, it would not be appropriate to allow development which would generate flows in excess of the system capacity available and, thereby, be detrimental to the system overall. In determining planning applications the Local Planning Authority will have regard to Circular 03/99 (Planning Requirement in respect of the Use of Non-Mains Sewerage incorporating Septic Tanks in New Development).

6.102 The increased run-off from additional impermeable surfaces can often result in increased flood risk in areas downstream. It is often the case that the effects of development in the upper parts of a river catchment are not apparent in the area within which development occurs. As such, policies must ensure that when there is risk, appropriate attenuation or mitigating measures, defined by the Council in consultation with the Environment Agency is carried out by the developer.

6.103 Additionally problems may result from septic tank drainage if the ground conditions are not adequate. This can lead to unpleasant smells and ground water pollution.

WATER QUALITY AND SUPPLY

6.104 The water environment is a very important resource and wildlife habitat of the District. It is vital to protect the quality of water resources including lakes, reservoirs, canals, rivers, streams and underground sources. According to the Environment Agency, the East Midlands region fully utilises all of the surface water during summer months, but much of the groundwater is subject to an unacceptable abstraction regime which is likely to increase due to climate change and future developments.

6.105 The potential for pollution of aquifers from industrial sites, redundant mines and agriculture is a major threat to this environmental asset. Areas of high groundwater vulnerability are defined by the Environment Agency’s Groundwater Protection Policy. Local Plans should include polices designed to control pollution and to limit smells and dirt, and pay particular attention to ground water resources susceptible to threats from development, minimise the risk of pollution and locate potentially polluting development away from sensitive groundwater areas, especially in the vicinity of water supply abstraction. Once polluted these are often impossible to rehabilitate.

6.106 Plans should also take into account the implications of development which can affect the re-charge of aquifers or divert the flow of rivers. In both cases, there could be adverse effects on wildlife and vegetation as water tables drop and river corridors suffer loss or damage.

JUSTIFICATION

6.107 Rivers are used to supply the largest proportion of drinking water, as well as sport and recreation pursuits and for waste disposal. This last use creates pollution which can cause problems for the previously mentioned uses. Once water pollution occurs, it can be difficult and expensive to put right, hence planning has a role to play to ensure that development minimises the risk of such pollution.

6.108 Within West Lindsey, underground aquifers are a major source of public water supply and must be protected. The Council will seek guidance from the Environment Agency on measures necessary to safeguard the purity of ground water from inappropriate development. It is the Council’s aim to prevent water source pollution rather than requiring the expenditure of public money to deal with its consequences.

6.109 Attention will be paid not only to water quality but to quantity as well. Over-abstraction can cause serious environmental problems for wildlife and natural habitats. Some types of development can have a significant demand for water and, as a consequence, affect the overall supply. This demand for water and its effects will be taken into account when new development is considered.

CULVERTING WATER COURSES

JUSTIFICATION

6.110 The Environment Agency advises that, for flood defence and environmental purposes, it is beneficial for watercourses to remain open wherever possible. Culverting a watercourse has the potential to exacerbate the risk of flooding, and can also be economically damaging by increasing the maintenance requirements of a watercourse.

6.111 The process can also result in the destruction of wildlife habitats, damage to natural amenity and the interruption of the continuity of a watercourse. Therefore, the culverting of watercourses should be avoided where possible.

6.112 However, the Council recognises that in certain circumstances the use of culverts may be unavoidable. Watercourses can pass through a wide range of land uses, from rural to industrial landscapes, and in cases where access is required or where public safety may be at risk, the use of culverts may be necessary.

CONTROL OF POTENTIALLY POLLUTING USES

6.113 The control of pollution is a major issue and the Local Plan First Review, in line with Central Government Guidance in PPS23 (Planning and Pollution Control), addresses the issues surrounding pollution.

6.114 The objectives of Policies NBE17-19a are to:

·  Protect people from risks to their health and safety and damage to their amenity.

·  To safeguard the natural and built environment.

JUSTIFICATION

6.115 Central Government Policy in PPS23 (Planning and Pollution Control) states that pollution may be caused by the release of substances into the air, ground or water or by excessive nose, dusts vibration, light or heat.

6.116 Local Plan Policies therefore need to ensure that uses with the potential to cause pollution are properly sited and controlled and that uses which may be affected by pollution are either kept away from its sources or protected by other means.

6.117 This Local Plan First Review does not regulate on all of the potentially polluting effects as defined in PPS23, but the key issues which have become a particular problem within West Lindsey are addressed through Polices NBE 17-19a.

JUSTIFICATION

6.118 This policy can be used to regulate and control those developments containing significant amounts of lighting which can be a nuisance to local residents, the movement of traffic and the natural beauty of the environment and the skies during non-daylight hours.

6.119 The Council appreciates that external lighting is an essential part of many developments for a variety of reasons: safety, security, illumination of the building and its design character. However, it is equally important to safeguard the amenities of those people surrounding the site together and avoid wasting energy. The Council will require a report by a professionally qualified lighting consultant to demonstrate the suitability of proposals. Any lighting scheme should have close regard to the good practice guidance from the Institution of Lighting Engineers set out in “Guidance Notes for the Reduction of Light Pollution” (2005). The guidance provides details of obtrusive light standards to apply in identified ‘˜Environmental Zones’. The ‘˜Environmental Zones’ are defined on a scale ranging from category E1 to E4 with:

• E1 being a ‘˜dark landscape’ such as open countryside which is designated as either a National Park or an AONB.
• E2 being an area of low district brightness in rural locations which are not designated as National Parks or AONB.
• E3 being a zone of medium district brightness such as an urban centre.
• E4 being a high district brightness area such as an urban area with high night time activity.

6.119a In West Lindsey all landscapes designated as AONB are classified as E1 with all other landscapes and settlements excluding Gainsborough falling into category E2. Gainsborough would be within the E3 category. There are no areas classified as E4 in West Lindsey. The light standards as outlined above will be applied to proposals for development or redevelopment to ensure that light pollution can be minimised.

LANDFILL, CONTAMINATED OR UNSTABLE LAND

6.120 It is an aim of Central Government Policy that full and effective re-use of sites which have been previously developed should take place. The re-use of contaminated land can contribute towards reducing the need to find greenfield sites for development and can help revitalise areas.

6.121 The re-use of such land is not straight-forward. The land may be contaminated by a former use and potentially represents a risk to human health and environmental receptors (including controlled waters). Such hazards need to be identified, assessed and dealt with in a way which removes the risk.

6.122 Both currently operational and former landfill sites can be a source of very harmful gases and contaminating substances. Caution must be exercised in considering development or re-development of land on or near to landfill sites. Permission should not be granted unless adequate remedial measures are implemented to overcome the dangers of gas and contaminant migration from the landfill site into the surrounding environment.

6.123 The origins and effects of ground instability areas vary. Past and present underground mining is often the primary source of instability. Physical constraints such as land instability need to be taken into account at all stages of the planning process.

 

JUSTIFICATION

6.124 Landfill gases emanate from landfill sites, with methane being the most common example. Where a site is still in use for waste disposal, a licence is required from the Environment Agency. To receive a licence the site operator must assess the potential for landfill gas generation and migration and must take steps to prevent any danger to public health.

6.125 On sites which are no longer operative, the onus falls on the developer to carry out an assessment of the landfill gases to determine whether or not mitigation measures are necessary to ensure the use of the site poses no risk. When development on a disused site is proposed, advice and guidance will be sought from the Waste Disposal Authority and planning conditions will be imposed to ensure that the site is made safe and cleared of any contamination before the development commences. Consultation with the Waste Disposal Authority will take place if development is proposed within 250 metres of a landfill site.

6.126 The Council will have regard to PPG14 (Development on Unstable Land) including PPG14 Annex 1 (Landslides and Planning), to try and bring unstable land back into productive use, whilst reducing the problems of site instability to an acceptable minimum.

6.127 Where it is known that land is unstable, the responsibility for demonstrating that the land is physically suitable for a particular use rests with the developer. In such cases the Council will require the developer to undertake a detailed site investigation to satisfy the criteria of Policy NBE 19a. If the proposal does not accord with other planning criteria, then the Council is unlikely to involve the developer in the time and expense of such site investigations.

DEVELOPMENT ON THE EDGE OF SETTLEMENTS

6.128 As with areas of nature conservation importance, the best and most attractive areas of villages and towns are often given special protection in order to enhance the quality of life for those people living and working in, or visiting West Lindsey. The Council has a duty to ensure that the best of the existing features of the towns and villages of the area are protected against removal or adverse alteration.

6.129 Modern development beyond the village and town centres has had a profound effect, and some has changed the character and setting of settlements and impacted on the wider landscape. The demands for growth mean that peripheral development is often the only way of protecting many of the important open spaces within settlements which would otherwise be subject to heightened development pressures.

6.130 Peripheral growth has often resulted in a uniform and less than satisfactory edge to the villages and towns. Account must be taken of the design of new development in order to harmonise the quality of the old with the new.

JUSTIFICATION

6.131 It is very important that development fits into its surroundings in, what is often, very sensitive edge of settlement locations and where the protection of the countryside character, amenity, living conditions and the rural landscape should be a paramount consideration. Landscaping within buffer zones as identified on the Proposals Map or not, is required in order to integrate new development within its rural surroundings and present a pleasant and attractive prospect from public places and highways.

6.132 It is the case that farmland, with development close to it, often suffers from trespass, and is subject to other forms of disturbance, that can affect the efficiency of agricultural operations. It should be possible to limit such detrimental effects of development by locating landscaped areas between the development and the farmland.

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