3. OVERALL DEVELOPMENT CONTROL POLICY DC1

Introduction

3.1 In providing a comprehensive framework for controlling development, Local Plans often repeat standard planning criteria. This can lead to unwieldy policies and an unnecessarily long document. In order to provide a document, which is more concise and user-friendly, the following policy sets out the standard planning criteria that are generally applicable to development. It is important to note that this policy must be read alongside detailed policy guidance in subsequent chapters. Decisions will be made taking into account all relevant policies and objectives in the Plan.

Policy Background

3.2 The Policy sets out the criteria against which proposals will be judged. The criteria will be applied as appropriate, as clearly not all will apply in every case. For instance, a change of use from a house to an office may not have design implications, and a commercial development will not require open space provision. It is important to emphasise that there is no priority between these criteria, and it is not a question of trading off by satisfying one criterion and not meeting another.

Pollution

3.3 The objectives of the Plan in terms of the control of pollution are set out in Chapter 7, “Pollution and Land Resources”, and can be summarised as:

(a) the control of development that may lead to significant harm to public safety and/or natural resources through pollution;

(b) the separation of sensitive and potentially polluting uses;

(c) the efficient and safe use of derelict and contaminated sites

(See policies P1-4.)

Design

3.4 In assessing any development proposal, the Borough Council will have to consider the quality of its design and its impact on the local environment and character. The objectives and detailed policies relating to the design of development are found in Chapter 6, “Urban Environment and Archaeology”. The chapter emphasises the importance of the:

(a) historic form and character of the settlements within the Borough;

(b) visual appearance and treatment of the external environment of all types of development;

(c) presence of natural features and open space within the built environment;

(d) need to improve poor environments

(See Policies UEA1-UEA3 for Conservation Areas and UEA11 for the detailed design policy.)

This general policy emphasises the requirement for high design standards across the whole spectrum of development, together with the need to justify the design approach for all significant schemes.

Transport

3.5 Chapter 11, “Transport”, establishes the Plan’s transportation strategy and describes how it links in with initiatives and strategies implemented by other agencies, such as Essex County Council.

3.6 The Plan’s primary objective in terms of transportation is to reduce significantly the number and length of trips that are made by the private car. To achieve this it is essential that individuals are provided with the widest possible choice of transportation modes and that services are located within close proximity to residential areas. In larger developments it is therefore desirable to incorporate a wider range of non-residential uses, both in terms of facilities for residents (eg shops, schools and community facilities) and also employment uses (eg offices and compatible light industry). These requirements are set out in Table 3, “New Housing Sites”, as appropriate.

3.7 A definition of proximity is provided by the “Essex Design Guide”, that preferably no part of a residential area should be farther than:

(a) 400m from a regular bus route;

(b) 600m from a primary school;

(c) 1,500m from a secondary school

In addition “Sustainable Settlements – A Guide for Planners, Designers and Developers” (Local Government Management Board, 1995) suggests that the definition should include the following criteria:

(d) 800m from local shops;

(e) 800m from a railway station;

(f) 1,000m from playing fields and open spaces forming part of greenlinks;

(g) 1,000m from a health centre.

Proposed new housing sites have been chosen with these criteria in mind.

Development Affecting the Road Network

3.8 Roads are classified by the County Council into a hierarchy, which is aimed at providing various standards of highway to serve present and likely future needs. A major consequence of most types of land use and other development is traffic generation; their impact on the road network must be within the standards set by the hierarchy if they are to be acceptable. Therefore, if criteria (c) and (d) of the policy are not met satisfactorily, these alone will be a sufficient reason for refusing planning permission for the proposed development.

3.9 However, it may be feasible to secure by legal agreement suitable remedial measures, including public transport support, that would enable the proposal to meet the criteria. These would need to be provided by the developer at no cost to the public purse. In the countryside it will often not be desirable or feasible to implement significant amendments to the highway network. In such cases it will be necessary for proposals to be judged against the detailed policy considerations within Chapter 5, “Countryside” (see Policies CO7 [Protected Lanes], CO10 [Agricultural Diversification] and CO12 [Stables]).

Parking, Access and Services

3.10 In ensuring safe access to sites, the Council will be guided by the advice in PPG13 and standards adopted by the Highway Authority. Reference to the Borough Council’s strategy for car parking can be found in Chapter 11, “Transport”, and Chapter 14, “Town Centre and Shopping”. Standards for car parking for all types of development are contained within “Vehicle Parking Standards”, August 2001 which is adopted as Supplementary Planning Guidance (SPG) for the Borough (see paragraphs 11.51-11.52 and 15.83.) Beyond the area defined by the Central Colchester Inset of Colchester, Policy T10 will apply. Within the Central Colchester Inset, Policies TCS16, TCS17 and TCS18 are applicable, (see also paragraphs 15.83-15.89 and 15.94-15.95).

3.11 Standards for cycle parking are also included in the “Vehicle Parking Standards” (see policy T2 and paragraphs 11.14-11.19).

3.12 In terms of development within the Central Colchester Inset of Colchester, paragraphs 15.90-15.91 and Policy TCS17 address the specific issues of servicing development in this area.

Important Natural and Man-made Resources

3.13 In defining the important resources outlined in criterion (e) , the Plan includes all those elements of the environment afforded protection by international agreements or law, national statute and policy and locally important designations. The protection of these elements forms part of the Plan’s strategic objectives (see paragraph 2.12).

The following lists all these elements with the appropriate policy cross-reference:

Cultural Resources

(i) Conservation Areas (UEA1-3)

(ii) Areas of Special Character (UEA21)

(iii) Design (UEA11)

Historic Resources

(i) Listed Buildings (UEA4-6)

(ii) Listed Barns and Other Listed Agricultural Buildings (UEA6)

(iii) Scheduled Ancient Monuments and Archaeology (UEA7)

(iv) The Dyke System (UEA8)

(v) Gosbecks Archaeological Park (UEA9)

(vi) Parks and Gardens of Historic Interest (UEA10)

Ecological Resources

(i) Habitats (CO5)

(ii) Protected Species (CO6)

(iii) The Open and Undeveloped Coastline (CE1)

(iv) Greenlinks (UEA14)

Rural Resources

(i) Countryside (CO1)

(ii) Countryside Conservation Areas and the Dedham Vale Area of Outstanding Natural Beauty (CO2 and CO3)

(iii) Landscape Features (CO4)

(iv) Agriculture (CO8)

Open Space

3.14 Chapter 10, “Leisure, Recreation and Tourism”, provides detailed policy guidance on the provision and protection of open space (see Policies L3-L6).

3.15 The need to safeguard private open space and recreational facilities as valuable additions to the levels of public open-space provision is emphasised by its designation on the Proposals Map (see Policy L2).

3.16 Open space in both a rural and urban setting are of important cultural, historic and environmental value, as well as for recreation (see “Open Land and Natural Features in Existing Residential Neighbourhoods” [UEA15], “Open Space in Villages” [L6], “Commonland, Heathland and Village Greens [L7]” and Allotments [L8]).

Protection of Shopping and Services

3.17 Planning Policy Guidance Note 6, “Town Centre and Retail Developments”, emphasises the need to protect and enhance the vitality and viability of town centres. The diversity of uses, such as leisure and culture, as well as retail, serve to define the character of town centres and assist in fostering a sense of local identity. It is important to note that the guidance offered by PPG6 applies to leisure and recreation proposals and not just to retailing. The Strategy for the Town Centre and objectives reflects this (see paragraphs 15.7-15.12).

3.18 In protecting and managing the retail function of the Town Centre, Policies TCS1-TCS9 are applicable (see paragraphs 15.15-15.57). The chapter stresses the need for retail impact assessments where appropriate (see paragraph 15.16). In terms of retail warehouse development, Policy TCS11 will apply.

3.19 The need to protect the role of local shopping centres in outer Colchester and other urban areas is highlighted in paragraph 15.70 and is the subject of Policy TCS12. Policy TCS13 provides policy guidance that seeks to minimise the impact of development on services and shops in the countryside.

Infrastructure and Service Provision

3.20 It is a fundamental planning requirement that the infrastructure and services necessary for development to proceed are provided in conjunction with the commencement of the development. As a general principle, planning permission will not be granted for development unless provision for all services and infrastructure which are directly relevant to the proposal is secured. In particular, Policy CF1, “Community Facilities and Infrastructure Provision”, serves as the basis for assessing proposals in this context.

 

DC1 All proposals for development, including changes of use, will be permitted only if they satisfactorily meet the following criteria where relevant: a) The development will not cause unacceptable harm through pollution to land, air and water or to people or natural resources; b) The development will be well designed, having regard to local building traditions, and should be based on a proper assessment of the surrounding built and natural environment. Where necessary, a clear written statement setting out the design principles followed, and showing how local distinctiveness will be promoted and retained, will be required; c) Developments will be located and designed to provide for: (i) comprehensive and safe facilities for cyclists and pedestrians, linking to existing routes where possible; (ii) high levels of accessibility by public transport; (iii) where relevant, servicing, car and cycle parking to currently adopted standards. d) The highway network, either as existing or to be developed within the county road hierarchy, will be able to accommodate safely the extra traffic the proposal will generate; e) It will not lead to the loss or degradation of important cultural, historic, ecological or rural resources, unless alternative compensatory provision acceptable to the Council will be provided; f) The Council’s open space standards for the development will be met, and the proposal will not entail a loss of open space or other sport and recreational facilities, unless alternative provision acceptable to the Council will be provided; g) The services and infrastructure required to serve the development will be provided in a timely manner; h) It will not have an adverse impact on the vitality and/or viability of Colchester Town Centre, rural district centres, local shopping centres and village shops and services.