CHAPTER 3 – CORE POLICIES (CORE)
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INTRODUCTION
3.1 The overall purpose of this Local Plan First Review is to provide guidance on the appropriateness of various forms of development throughout the district. In determining proposals, consideration must be given to the siting, design and appearance of a development as well as its impact on adjoining land uses or on the living conditions of neighbouring occupiers. Regard must also be taken of design and development standards contained in Supplementary Planning Guidance in assessing proposals.
3.2 Whilst some policies fall easily into defined categories relating to their specific function, a number of policies are either relevant to more than one type of development or are very specific to a particular form of development and as such do not sit easily in any specific category. Therefore, to prevent repetition of the same advice in the various chapters these matters have been included under the heading of Core Policies.
3.3 The Core Policies chapter will focus on a diverse range of topics ranging from highway infrastructure provision, advertisements, commercial pet establishments through to open space provisions within developments and telecommunications equipment.
AIMS AND OBJECTIVES
3.4 The aims and objectives of the policies in this chapter are:
· To improve accessibility to a wide range of functions throughout the District.
· To ensure that all advertisement proposals do not detract from the safety and the amenity of the locality.
· To ensure that the impact of the siting of telecommunications equipment, and other utilities apparatus on the natural and built environment is minimised.
NATIONAL, REGIONAL & STRATEGIC GUIDANCE
3.5 Because of the diversity of the policies included under the heading of Core Policies, a wide range of National, Regional and Strategic policy applies. The common factor is the requirement to enhance accessibility, reduce social exclusion and to improve and encourage the use of public transport in the District.
3.6 Specific advice on telecommunications development is contained in both the Lincolnshire Structure Plan Review and in PPG8 whilst PPG19 provides guidance on advertisement control.
VEHICLE AND CYCLE PARKING STANDARDS
3.7 Car ownership levels in the United Kingdom are continuously growing. In both urban and rural areas the requirement to provide adequate parking provision for vehicles has to be balanced with the likely impact that the proposal has on the character and appearance of the locality, especially on defined Conservation Areas.
POLICY CORE 1 – VEHICLE AND CYCLE PARKING STANDARDS
Planning permission will be granted for development proposals which are in accordance with the locational policies set out in this Local Plan First Review; and which indicate that the appropriate vehicle and cycleparking spaces will be provided in accordance with the standards outlined in Appendix 9 to this plan for operational and non-operational use unless:
i. Such provision would be detrimental to the character or amenity of the location; or
ii. A suitable alternative site/provision is available or will become within an agreed time period.
JUSTIFICATION
3.8 Parking standards are used by the Council to determine the requirements for residential and operational vehicle parking spaces with a view on road safety and functional needs. However, in certain parts of the District where adherence to standards would have a detrimental impact on the character of the area, lower standards may be more appropriate. Appendix 9 outlines the maximum parking standards for all types of vehicles except cycles. The cycle parking standards in Appendix 9 are expressed as the minimum requirement in order to encourage more cycling. The Council will apply these parking standards and not those of any other body, these differ to the national standards set out in PPG13 (Transport) and the standards used by Lincolnshire County Council as the Highway Authority. The standards set out in Appendix 9 are those which have been determined to meet the needs of West Lindsey.
3.9 The Council will take into account the fact that the operational parking spaces are provided to allow vehicles which must call at particular premises to park alongside, or close to them. Such vehicles include those which deliver goods to shops and offices. If they do not have a dedicated parking space/unloading bay, then they may often hold up other traffic by parking on public roads, or create an unpleasant and hazardous environment for those on foot by parking and manoeuvring in pedestrian areas.
3.10 The benefits of operational parking will be weighed against the impact that it will have on the character and visual appearance of the area when new developments are proposed. If it appears that appropriate provision can be made with no detrimental effect, then the standards outlined in the parking provision will be maintained. It may be that, through sufficient attention to the location, layout and design of operational parking areas, these can be satisfactorily accommodated.
3.11 In some cases it may be possible to accommodate the level of provision required without significant detriment to the character and appearance of the locality. In such cases the Council will need to be convinced that parking for operations that require the provision of parking spaces can be satisfactorily achieved without creating a dangerous or unpleasant environment for other users of the area. In this respect, alternative parking areas nearby, or the restriction of delivery times to certain hours, may resolve any problems.
HIGHWAY DEVELOPMENT STANDARDS
3.12 The provision of highway infrastructure is a fundamental part of any proposal. Poorly designed roads and pavements can detract from the character and appearance of an area as well as potentially having a negative impact on the safety of vehicle users and pedestrians. Therefore it is imperative that development standards are in place to ensure that all new road schemes are acceptable in terms of design, appearance and safety.
POLICY CORE 2 – HIGHWAY DEVELOPMENT STANDARDS
Planning permission will not be granted for development proposals unless any associated roads:
i. Meet acceptable standards of design, access and layout;
ii. Meet safety and functional requirements;
iii. Reflect the character of existing developments in the locality, and are designed so as to respect environmentally sensitive areas;
iv. Cater fully for the needs of people with impaired mobility;
Where it is considered that development proposals require traffic calming measures on existing or new roads these should be agreed and provided.
JUSTIFICATION
3.13 New roads should be able to cater for the amount of traffic that is expected to use them safely and without generating traffic hazards. Functional and safety standards must be met in order for the specifications of the highway and planning authorities to be met. The Lincolnshire Design Guide, which was adopted as Supplementary Planning Guidance by all the authorities in Lincolnshire, sets out the full highway standards that the Council will expect all developments to follow.
3.14 In certain areas, it is important that the Council only allows new development to proceed if it reflects the character of the existing development, or the undeveloped character of the locality. Such areas include Conservation Areas and the Lincolnshire Wolds Areas of Outstanding Natural Beauty (AONB). Within such areas, the development of a new road, no matter how minor, may have a significant impact on the character of the area.
3.15 The potential for a detrimental impact on the surrounding area may be avoided or minimised by designing roads in such a way so as to be as unobtrusive as possible. This may at times involve the relaxation of the functional standards, or involve new and radical design solutions. These measures will be considered positively if the overall aim is to reduce the visual intrusion of the new road. Otherwise, the relaxation of standards will not be permitted for cost-cutting reasons or for convenience.
3.16 Traffic calming measures are often installed to bring significant improvements for the safety and living conditions of the local residents.
POLICY CORE 3 – NOW DELETED
PUBLIC CAR PARKING
3.19 The provision of a public car park facility can improve the economic viability of an area as well as contribute to reducing traffic congestion by decreasing the number of vehicles parked on the highway. However, improved parking facilities can promote car usage and reduce public transport viability. A balance must be struck between economic improvements and ensuring that accessibility for all types of transport users is maintained and promoted.
POLICY CORE 4 – PUBLIC CAR PARKING
Planning permission for the use of land for general public car parking will be granted providing the following criteria can be met:
i. The land is located in an area where there is a demonstrable need for off-street car parking;
ii. The economic viability of the locality is likely to suffer without additional car parking;
iii. The use of the land would not be detrimental to the character of the surrounding area;
iv. The use would not detract from the amenity of existing neighbourhood uses;
v. The use of the land would not generate or aggravate highway or traffic problems;
vi. The proposal incorporates adequate provision for cycle parking or storage in the form of stands and/or lockers.
JUSTIFICATION
3.20 The provision of car parking usually causes improvements to highway safety by allowing traffic to park clear of roads. Provision also allows surrounding uses to function properly and may maintain or improve the economic viability of an area, because visitors can easily park their cars.
3.21 However, the creation of parking areas can discourage the use of other forms of transport to reach an area, such as public transport, walking and cycling. Parking areas can detract from the character of an area by affecting the street scene with their open and (where the sites of demolished buildings have been used) semi-derelict nature.
3.22 The amenity of an area can also be affected by the continuous flow of vehicles into and out of car parks, creating noise, air pollution and general levels of activity. Highway safety must be carefully considered with the location of entrances and exits to car parks, therefore avoiding any additional hazards.
3.23 Because of the potential harm to an area in terms of safety, amenity and economic viability, a balance must be struck with parking provision. However, as a result of the potential harm to amenity, general public car parking will not normally be permitted in areas where the criteria outlined in the policy cannot be fulfilled.
RETENTION OF EXISTING CAR PARKS
3.24 The loss of an existing car park can have a negative effect on the accessibility of an area, in particular the smaller market towns. Therefore it is important when development proposals are submitted to have regard to the existing provision in the locality.
POLICY CORE 5 – RETENTION OF EXISTING CAR PARKS
Planning permission will not be granted for development which would result in the loss of an existing car park unless:
i. There is a lack of demand for car parking and the parking area in under-used; or
ii. The parking area is no longer required as equivalent or better provision has been made in the locality; or
iii. An alternative nearby site can be provided to cater for the demand for car parking before the development commences.
JUSTIFICATION
3.25 Although the provision of new car parks may be discouraged in order to attract the use of alternative forms of transport, existing off-street areas for car parking can be essential to the economic well being of the area. The removal of a car park may render an area less attractive to visitors, thereby creating an adverse effect on the economic viability of a town or a village.
3.26 Whilst the use of public transport is encouraged, an adequate level of car parking is also maintained. This is especially the case in the smaller rural market towns where there may be reliance upon car parking to attract visitors. The Council acknowledges that, as levels of car ownership continue to rise, the demand for car parking spaces will increase, therefore necessitating the need to protect existing car parks for public use.
3.27 However, where there is a lack of demand for car parking, the areas of land currently used as a car park may prove to be more beneficial if used for development. Certain factors in a locality, such as an increase in the use of public transport, walking or cycling, may result in a reduction in the use of the private car, and consequently a reduction in the need for car parking. The most beneficial use for an area for car parking needs to be assessed.
ROADSIDE SIGNAGE AND ADVERTISEMENTS
3.28 Advertisements affect the appearance of the place where they are displayed and sometimes a wider area. There needs to be a balance between the commercial need for the advertisement and its visual impact on the surrounding environment.
POLICY CORE 6 – ROADSIDE SIGNAGE
Permission for directional signs located beyond highway boundaries and alongside other transport corridors will notbe granted unless the signage:
i. Is reasonably required in connection with, and to enable the public to locate, a business or activity which is not situated in a named place or readily identifiable location;
ii. Is sited to avoid creating any transport, highways or traffic hazard and must be near to, in case of highways, but not on highway land, not within 50 metres of an official traffic sign facing the same direction, and not more than 2 miles from the business it relates to;
iii. Does not exceed 0.15 square metres in area and the top of it is no higher than 3m above ground level;
iv. Identifies the premises only, does not include any motif or advertise a product and does not look like an official traffic sign;
v. Is not illuminated and is not finished in reflective material;
vi. Wherever possible makes use of an already existing means of support;
vii. Will not result in an adverse impact on either the residential amenity or the amenity of the wider landscape.
JUSTIFICATION
3.29 Outdoor signage is an important aspect of commercial activity and the Council is keen to support expansion in the local economy, including new businesses. Directional signs are helpful to businesses operating in more remote places, but there could be serious amenity and safety implications if numbers, location and design considerations were not carefully controlled.
POLICY CORE 7 – ADVERTISEMENTS
Consent will only be given for the display of an advertisement which does not detract from interests of public safety and amenity assessed in the context of the general characteristics of the locality, threat to highway safety, and any feature of historic, architectural, cultural or other special interest, including:
i. The design, historic character, structures and the setting of Listed Buildings or scheduled ancient monuments;
ii. The character and appearance of Conservation Areas, or other areas of architectural, historical or townscape merit;
iii. The scenic beauty and landscape character of the Lincolnshire Wolds AONB, other areas of landscape value and the countryside in general;
iv. The special qualities and integrity of SSSIs and SNCIs.
In Conservation Areas, the Lincolnshire Wolds AONB, and on Listed Buildings of special architectural or historic importance, consent will not be granted for advertisements unless appropriate natural materials (usually either wood or metal) are used and any illumination is external to the advertisement.
JUSTIFICATION
3.30 The purpose of Council policy is to protect and improve the pleasant environment of West Lindsey. In sensitive locations or settings in the District, poorly designed or positioned advertisements will be especially harmful. It is also the intention to avoid the adverse effect on road safety that certain types of advertisements have, either by intrusiveness, the diversion of the attention of road users or the interference with traffic information signs.
COMMERCIAL PET AND ANIMAL ESTABLISHMENTS
3.31 Commercial pet and animal establishments can have a negative impact on the living conditions of the occupiers of neighbouring properties in terms of potential noise nuisance, odour and general disturbance.
POLICY CORE 8 – COMMERCIAL PET AND ANIMAL ESTABLISHMENTS
Development of commercial pet and animal breeding, boarding or handling premises will be permitted provided that:
i. It is not located adjoining a residential or other noise-sensitive use which is unconnected with the business;
ii. It would not adversely affect the amenity of nearby residents due to noise, smell, scale, layout, appearance, traffic generation and parking;
iii. There is sufficient land in the control of the applicant to house and meet the exercise needs of the animals;
iv. It is accompanied by a scheme of noise attenuation measures to minimise the potential for disturbance to surrounding households/land owners;
v. It is accompanied by a landscaping scheme to effectively screen the use made of the site from the surrounding area.
JUSTIFICATION
3.32 Pet boarding or breeding establishments which are operated commercially can create a significant effect upon the amenity of the surrounding area.
3.33 Commercial boarding and breeding operations often involve relatively large areas of land in order to provide for kennels and activity/exercise areas for the animals. The potential impact of the buildings, combined with the noise, odours, and traffic generation can result in a detrimental impact upon the surrounding area. It is therefore important that such factors are taken into consideration.
RETENTION OF IMPORTANT OPEN SPACES AND FRONTAGES WITHIN OR ADJOINING SETTLEMENTS
3.34 Open spaces within a settlement are as important as the buildings in giving a settlement its unique character and form. They provide welcome breaks in the street scene and many allow views of the surrounding open countryside to be enjoyed from within the settlement. Some open spaces and/or frontages are also highly important to the setting of the settlement.
3.35 Many of the small spaces and gaps in towns and villages have disappeared due to development. In many cases this has affected the character and appearance of the settlements. It is the Council’s aim to ensure that in the future important open spaces or frontages in or adjoining settlements will be retained. There has been a rise in levels of infill housing development as a result of policy and economic changes. This often results in many open gaps or visual breaks in towns and villages coming under pressure for development. This policy seeks to protect the most important spaces and undeveloped road frontages in settlements from such development pressure.
POLICY CORE 9 – RETENTION OF IMPORTANT OPEN SPACES/FRONTAGES
Development will not be permitted:
i. On the areas of open character to remain undeveloped as shown on the proposals map;
ii. Where it will adversely affect the open character or important feature of a protected frontage as shown on the proposals map;
iii. On other areas of open space/character within settlements not identified on the proposals map, where this would adversely affect the character of the street-scene or settlement or lead to a cramming effect within a settlement.
JUSTIFICATION
3.36 The Council recognises that infill development is important to sustain housing and other developments within the towns and villages of the District. However, as open spaces can in some circumstances make an important contribution to the character and appearance of a settlement, the Council will seek to protect them from development.
3.37 Within towns and villages, informal open spaces, such as allotments and private gardens can often be of great importance to the character of a neighbourhood and policies have been devised with the aim of retaining these valuable spaces with amenity value.
3.38 The character of settlements is strongly influenced by what can be seen from the roads and the footpaths. It is often an open frontage or a feature, such as a brick wall or hedge, which contributes to the pleasant visual impact of a street scene. Redevelopment further back may be seen as acceptable, providing the essential character of the frontage is retained.
3.39 The main areas of open character to remain undeveloped and important open frontages are identified on the proposals map. However, there are other areas of open character or open frontages within settlements which should be equally protected under this policy but are not specifically highlighted on the proposals map.
OPEN SPACE AND LANDSCAPING WITHIN DEVELOPMENTS
3.40 The value of successful landscaping should not be underestimated, since it makes a very public contribution to the local environment. Commercial and industrial premises can often be intrusive forms of development. Good landscaping can help offset these effects and provide a good impression to visitors.
POLICY CORE 10 – OPEN SPACE AND LANDSCAPING WITHIN DEVELOPMENTS
New development proposals will be expected to include proposals for landscaping and open space which:
i. Help integrate the development into the surrounding environment;
ii. Are planned as an integral part of the development;
iii. Ensure important natural landscape and nature conservation features are retained and where possible the opportunity to seek to enhance the site’s wildlife value is undertaken;
iv. Ensure trees that are subject to a tree preservation order (TPO) are kept clear of proposed buildings and structures and are enclosed by fencing so they are not detrimentally affected by works connected with the development;
v. Seek to retain and protect existing trees and hedgerows on site;
vi. Take account of neighbouring uses in terms of amenity and safety considerations.
JUSTIFICATION
3.41 This policy is intended to apply to all types of open space of public or private value, but particularly land which is not designated for the purpose of formal recreational use or play.
3.42 It is vital that development leads to the creation of new areas of open space. This will be especially important where it is considered that the existing amount of open space is either inadequate to serve the settlement’s needs or where areas which were previously open spaces have been built on. Each small area of open land helps to contribute to the diversity and the character of a settlement and can help to maintain attractive built environments.
3.43 There are many instances, such as new housing developments, where there will be a specific requirement for sports land, play spaces and land for informal recreation. In addition to this, however, in numerous types of development, the provision of general open space will improve the quality of the development, provide new amenity space for residents and contribute to the attractive character of our towns and villages. Such spaces for example may take the form of courtyards, communal gardens for residential homes, water features on housing estates, parkland on business parks.
3.44 The Council considers that the provision of sufficient and suitable landscaping is a priority in all forms of development. The benefit to the community of the provision of a well designed landscaping scheme is significant in comparison to the relatively small cost incurred by the developer as part of the scheme in totality.
TELECOMMUNICATIONS DEVELOPMENT, OVERHEAD TRANSMISSION LINES AND OTHER UTILITIES APPARATUS
3.45 Telecommunications are an essential ingredient in modern living as they benefit the community and represent an important and growing element in the national economy. Technology in the communications field is advancing rapidly and new improvements spread quickly to meet demands from all sectors of the community.
3.46 Central Government advice is set out in PPG8 (Telecommunications). The objective is to facilitate the growth of new technology to ensure that the needs of the users are met whilst also ensuring that the equipment required facilitating this growth does not have a negative impact on either the built or natural environment.
POLICY CORE 11 – TELECOMMUNICATIONS DEVELOPMENT
Telecommunications development will be permitted unless:
i. The equipment would be out of scale with the building on which it would be erected and would detrimentally affect the appearance of the building; or
ii. It would harm the character and appearance of or would be visually intrusive in a street scene or a sensitive landscape or environment which has been recognised as being important such as the Lincolnshire Wolds AONB, other Areas of Landscape Value, SSSIs, Historic Parks and Gardens, Conservation Areas, Listed Buildings, Scheduled Ancient Monuments; or
iii. The siting or appearance of the equipment would harm the amenities of local residents;
Any objection identified on the above grounds is not outweighed by the need for the development, bearing in mind the feasibility of meeting such need in any more acceptable way including sharing other facilities or the use of an alternative site.
JUSTIFICATION
3.47 In considering proposals for telecommunications developments the effect of the appearance of the equipment on both the natural and built environment will be an important consideration. The combined intrusive effect of a number of masts in particular areas will also be taken into account. To combat the appearance of a number of individual masts in the countryside or in urban areas it is expected that operators will look at mast-sharing opportunities as advised in PPG8 (Telecommunications).
3.48 It will be appropriate for applicants to demonstrate on submitting applications that the erection of telecommunications equipment would not cause harm to the environmentally or visually sensitive areas where the physical or visual impact would be particularly intrusive or damaging. The Lincolnshire Wolds AONB, Areas of Great Landscape Value, SSSIs and National Nature Reserves, should be avoided as locations for equipment installations.
CONSULTATIONS ON OTHER UTILITY APPARATUS
3.49 New overhead transmission lines and other utilities apparatus can often have a detrimental impact on the landscape. However, as many works are permitted development they fall outside of the scope of planning control this means that the powers of the Council are limited in directly controlling proposals to site potentially intrusive equipment.
3.50 The Council does have the right under Section 37 of the Electricity Act to be consulted on transmission lines proposals even though they are permitted development. When consulted the Council would normally oppose any proposals which are felt to be visually intrusive into the built or natural environment. Where this proposal will have a significant negative impact on residential or landscape amenities the Council will press for lines to be located underground to minimise any such impact. Alternatively, route options should be explored to reduce any adverse impacts.
3.51 The Council will press for lines to be underground in the following sensitive locations:
- Conservation Areas;
- Lincolnshire Wolds Area of Outstanding Natural Beauty;
- Area of Great Landscape Value;
- Nature Conservation Sites;
- Within the setting of Listed Buildings
POLICY CORE 12 – NOW DELETED