5. COUNTRYSIDE

Introduction

5.1 The Borough possesses important countryside resources that have been given protection from adverse development by successive development plans and by local, national and, more recently, international conservation designations. The open and undeveloped nature of the countryside is important in providing a setting to the Borough’s settlements and preventing their coalescence. It is proposed to protect this undeveloped character in line with Government policy that sets out the importance of safeguarding the countryside for its own sake.

5.2 Publication of the Rural White Paper “Rural England, A Nation Committed to a Living Countryside”, the co-ordination at County level to produce a rural strategy and the general development of countryside issues, illustrate the greater weight now being given to the countryside in policy making. The diversity of interests in the countryside mean a delicate balance must be sought between conservation of the environment and development in the countryside. The Rural White Paper acknowledges that such a balance will not be achieved by a single shift in policy. In reality, it requires many small- scale changes that respect local circumstances and a commitment to the principles of sustainability.

5.3 Part of the sustainable ethos is the provision of facilities, including employment opportunities within the rural area. The approach to housing and employment in the countryside is covered in detail in the relevant chapters. It should be noted however, that new housing and employment developments will be limited to within the Village Envelopes, except where proposals involve the re-use of farm buildings for employment development, when other policies in the Plan will apply. Community and recreation uses may also be permitted outside those limits.

Objectives

5.4 The Plan’s objectives in terms of the countryside are:

(a) To safeguard and enhance natural rural resources and to safeguard the historic character of the countryside. In particular, to protect the international, national and local designations of: Special Areas of Conservation and SPAs; valuable agricultural land of grades 1, 2 and 3A; the Dedham Vale Area of Outstanding Natural Beauty; Sites of Special Scientific Interest; Protected Lanes; the Countryside Conservation Areas; nature reserves and Sites of Importance for Nature Conservation. Development proposals may result in conflict between one natural rural resource and another, in which circumstances a balance will have to be reached between any competing natural rural resources;

(b) To resist non-essential development in the countryside in order to protect its open and undeveloped character;

(c) To reconcile rural employment, housing and service provision with the need to safeguard the countryside and its character;

(d) In reconciling the pressures for development, particular consideration will be given to the sustainability of proposals and their effect on the character of villages and the surrounding countryside.

Policies

DEVELOPMENT CONTROL CONSIDERATIONS

5.5 It is important to note that all policies contained within this chapter must be read alongside the overall Development Control Policy (DC1). This policy sets out the standard planning criteria applicable to all forms of development. The relevant criteria will be used to assess the suitability of any proposal in addition to the following detailed policy guidance.

COUNTRYSIDE

5.6 The term “rural resource”, as used in subsequent countryside and conservation policies, refers to the natural, social and cultural elements that make up the Borough’s countryside. Landscape is an important and highly valued characteristic of that make up and the importance of its contribution can be seen in terms of its diversity. Referred to generally as “landscape character” in the policy, it ranges from the distinctive landscapes found around the Borough and sensitive wildlife and ecological habitats to the landscape in terms of the natural features and their relationship with historic settlements and the built environment, including archaeological remains. Finally it also includes recognition of a landscapes economic role in attracting tourism and business to the Borough.

5.7 One very important aspect generated by the Borough’s rural resources is the public’s perception of the countryside – a “peaceful area” in which small villages and hamlets lie undisturbed by major developments, heavily trafficked roads, pylons, intrusive lighting and excessive road signs. It is also where the villages are reached via country lanes, and new development is of a scale, size and appearance that does not harm the character of the area. Much of that perception reflects those traditional qualities of the countryside, which the Council will seek to protect. Some of this has been recognised in recent work undertaken by the Council for the Protection of Rural England and the Countryside Commission with the publication of their “Tranquil Areas” maps. Although these have no statutory status, they are a good indication of the extent to which the tranquillity of the countryside is being lost.

5.8 The following policy sets out a basic guideline for the Council’s consideration of applications for new development or change of use in the countryside. It proposes to safeguard valuable natural rural resources and to steer any development for which it is not essential that a site be provided in the countryside to the towns and villages. More detailed and specific policies for agricultural and other resources are to be found in other policy sections of this chapter and those of Chapter 6, “Urban Environment and Archaeology”.

Deham Vale Area of Outstanding Natural Beauty

5.9 The elements of landscape character and landscape form are what interested the Countryside Commission when it produced its Character Analysis Map. This was ultimately published as the Joint Character Map for England, a major exercise carried out together with English Nature’s Natural Areas study. Together with the analytical landscape descriptions that accompany it, the map gives a broad national picture of landscape character. This creates the top tier of a three-tier system. The lower tiers consist of a County landscape assessment and a landscape assessment currently being undertaken by the Borough Council. Together with a landscape survey carried out in the Dedham Vale AONB, these three tiers will be a valuable aid in protecting and enhancing the Borough’s landscape character.

5.10 The Stour Valley between Wormingford and Cattawade (Brantham) is designated as an Area of Outstanding Natural Beauty (AONB). Within the limited resources available, the Borough Council works with Essex County Council, neighbouring authorities, statutory undertakers and landowners to protect this area of attractive landscape with its historical associations. The Plan proposes that this approach should continue. Detailed policies are set out in the non-statutory management plan prepared by the Joint Advisory Committee of the local authorities and other bodies and adopted as SPG by the Borough Council.

However this document has been superseded by “The Dedham Vale and Stour Valley Management Strategy”, which is required as a direct result of the Countryside and Rights of Way Act 2000.

5.11 There may be rare instances where development that would otherwise be unacceptable in the Vale is necessary in the national interest. If the need for such development ceases, due for example to advances in technology or changes to national strategies, it is considered vital to secure its removal in order to protect the long-term landscape quality of the Vale. To this end, conditions will be applied to secure removal of the development and the reinstatement of the site to its original condition at the earliest possible date.

 

CO2 Development in or likely to have an adverse impact on the Dedham Vale Area of Outstanding Natural Beauty will be subject to special scrutiny. Where such development could have an adverse impact, directly or indirectly, on the area, it will be acceptable only where an overriding national need for the development in that particular location can be demonstrated and there is a lack of acceptable alternative sites. Where development proceeds because of an overriding national requirement, removal and restoration of the site will be required in the event of redundancy at a later date.

Countryside Conservation Areas

5.12 The Countryside Conservation Area (CCA) boundaries shown on the Proposals Map have included those tracts of land which are of greatest importance within the Borough for their rural resources. However, changes are continuously taking place, both in the countryside itself and in our knowledge of its resources. The boundaries will therefore need to be kept under review, particularly in the light of further study of the CCAs. This may lead to areas being deleted as well as others being added.

5.13 There is a common boundary – as far as possible – between CCAs and the Coastal Protection Belt (as previously defined in the Coastal Protection Belt Subject Plan), the Special Landscape Areas (a Structure Plan designation) and former Nature Conservation Zones (as previously defined in the non-statutory Countryside Conservation Plan).

5.14 The following CCAs are defined on the Proposals Map:

(a) Roman River Valley

The valley is well wooded and its landscape has considerable character and charm. It contains the Roman River Site of Special Scientific Interest (SSSI), which includes Friday Woods and Donyland Woods and the Roman River Valley Nature Reserve at Kingsford, as well as other sites important for the study of natural history. In addition, there are numerous features and sites of archaeological and historic importance, including parts of the dyke system and Gosbecks Field.

(b) High Woods

Areas of High Woods have been identified as Sites of Importance for Nature Conservation and, although the central parts have no official status in terms of their nature conservation value, they are nevertheless of considerable interest. A landscape feature visible from many parts of central Colchester, High Woods is ancient woodland containing Brinkley Grove earthworks, a Scheduled Ancient Monument. The woods and open land adjoining, which compose the Country Park, provide a valuable landscape, ecological and recreational asset. Safeguarding and promoting links between the park and the open countryside beyond forms part of the Council’s Greenlinks Strategy.

(c) The Coast and Mersea Island

This CCA includes a SPA, a Ramsar site, a SAC, a SSSI and land that is included in the Coastal Protection Belt. It contains large areas of the estuarine marshland characteristic of the Essex Coast and is of international importance as winter feeding grounds for migratory wildfowl. This Area also includes the Fingringhoe Wick Nature Reserve and numerous archaeological and historic sites.

(d) Abberton Reservoir

This CCA largely consists of the Ramsar designation, the SPA and the SSSI, but also some of the surrounding countryside, including an area of heathland at Layer Breton. The CCA also contains a number of archaeological sites, as well as Layer Marney Tower and Garden (on the “Registration of Parks and Gardens of Historic Interest”) and the main axial views from the Garden.

(e) Colne Valley

This CCA extends from Colchester – where the valley forms an attractive wedge of countryside extending into the built-up area – upstream to the Borough boundary at Wakes Colne. The whole area is of high landscape value, with numerous woodlands of nature conservation interest and archaeological sites such as those in the Sheepen/Hillyfields area.

(f) Salary Brook and Lower Colne Valley

This CCA is an important green wedge between Wivenhoe, Rowhedge, Colchester and the University of Essex. It includes the Salary Brook Valley, between the University and Greenstead and the Hythe. It is of considerable landscape value, forms part of the Coastal Protection Belt (defined in CE1 and on the Proposals Map) and contains a number of nature conservation sites.

(g) Tiptree and Messing

This CCA, located north of Tiptree, falls into two distinct parts. The north-west forms part of the Blackwater Valley, with attractive long-distance views, whilst elsewhere the land is flatter but contains important woodland, such as Layer and Pods Woods. There are a few sites of archaeological interest, such as The Rampart, a Scheduled Ancient Monument.

(h) Stour Valley

This CCA includes the Dedham Vale Area of Outstanding Natural Beauty and the area upstream of it, as well as areas to the south of nature conservation or landscape importance.

5.15 Within these CCAs, the Borough Council proposes to give special protection to the important natural, social and cultural resources described in paragraph 5.6. It is also proposed to promote public enjoyment of these areas where this can be done without detriment to the CCAs resources. The co-operation of different interest groups is considered to be the best way to resolve conflict and to safeguard these areas. Experience with the different arrangements in the Dedham Vale, Colne Valley Partnership, Colne Estuary Strategy, Blackwater Project and through the Borough’s countryside service generally has certainly shown this to be the case.

 

CO3 The Countryside Conservation Areas are defined on the Proposals Map. These areas will be given special protection from any development likely to be prejudicial to their natural, social or cultural resources.

Landscape Features

5.16 It is clearly important to try to retain and enhance as many of the existing natural features at a development site as possible, firstly because the existing vegetation cover provides an Area with a certain distinctive “personality”. This is recognised in the Joint Character Map for England and, on a more local scale, the Landscape Survey undertaken on behalf of the Dedham Vale Joint Advisory Committee for the Dedham Vale Area of Outstanding Natural Beauty. Such documents should be used to ensure that new planting reflects the recognised landscape character of the area by using species native to the locality.

Secondly, mature trees, hedges and other cover more easily disguise the “scar” inevitably caused by new development in an established townscape or rural landscape.

Finally, these natural features are important in maintaining and enhancing sensitive wildlife habitats. Such features include trees, hedges, ponds, woods, semi-natural grassland, heath, ditches, wetland features and bare ground where this is important for invertebrates. Where the implementation of schemes would result in the loss of any natural features, the Council will expect equal alternative provision to be made. This provision will be made within the site or, where this would lead to equal or greater value in habitat or landscape terms, on adjoining land. Exceptionally, provision could be made further afield.

 

CO4 Development schemes should protect existing landscape features such as those listed in the reasoned justification wherever possible. Additional planting may be required to maintain and enhance these features. Where this is considered necessary, planting will be carried out with species native to the locality. Where it is not possible to safeguard existing landscape features, compensatory provision will be required.

NATURE CONSERVATION

Habitats

5.17 The Borough has a number of habitats of importance for nature conservation. In particular there are sites of international importance, designated as SPAs and Ramsar sites, at Abberton Reservoir and the Colne and Blackwater Estuaries. In addition, the estuaries are designated as SAC. Other areas of the Borough are recognised for their national importance; known as SSSI, they are shown on the Proposals Map. These designations extend beyond the Borough, but one to be noted is that at Chalkney Wood, where it adjoins the Borough boundary at Chappel. Locally important sites include Local Nature Reserves, which will be promoted where appropriate in consultation with English Nature. In particular, the site of the former gravel workings at Rowhedge Pits, as shown on the Colchester Inset Proposals Map, is identified as a potential Local Nature Reserve. A further designation is proposed at Hill House Wood, West Bergholt. Following a Borough-wide survey, Essex Wildlife Trust identified Sites of Importance for Nature Conservation, and included in this are many river corridors that play an important role as natural linear features connecting habitats.

5.18 Part of the SINC and Public Open Space site at Bypass Nurseries, Cowdray Avenue, will be lost with the implementation of planning consent COL/88/2003/A and COL/02/ 1718. Any development on the area subject to the permission will fully accord with the approved details in Drawing 1410/05, Rev. A.

5.19 There are a number of very small SINC sites that, due to their small size are shown by a symbol on the Proposals Map. For the avoidance of doubt, these are listed below:

PROPOSALS MAP

SINC Number	Location
G1	Chappel
G2	Little Tey Churchyard
G5	Easthorpe
G6	Colchester Road, Mount Bures
G11	Claypit Green, Copford
G15	Birch
G37	Whalebone Corner
G43	Dedham
W1	Great Tey
W14	Easthorpe Road
W16	Green Lane, Tiptree to Paternoster Heath
W23	Mulberry Corner, Copford
W56	Bounstead Grove

CENTRAL COLCHESTER INSET

SINC Number	Location
M12	Roman Wall

For further information, on all SINC Sites please refer to the Essex Wildlife Trust document “Nature Conservation Colchester, A Reference Guide”.

The valuable role hedgerows play in habitat creation has now been recognised, and under the Environment Act 1995 the Borough Council can protect important hedgerows from adverse development. Identification and designation of these local features will be part of the Local Plan’s monitoring programme.

5.20 A distinction must be drawn between natural resources that are, in the terms of English Nature, critical environmental capital and constant natural assets. The former includes national and international designations that are irreplaceable and any loss or damage to them is therefore unacceptable. Constant natural assets, which includes local and non-statutory designations make a very valuable contribution to the countryside overall but are not individually of a critical nature.

The Council actively supports measures to protect and enhance the biodiversity and nature conservation value of all parts of the Borough, including the protection and management of sites of biodiversity importance and to secure gains consistent with biodiversity targets. Biodiversity Action Plans are being drafted as a joint venture between the County, Essex Districts, English Nature, Environment Agency, Essex Wildlife Trust and a number of other groups, including the farming community. These plans are an important management tool by which to identify endangered species and habitats within the Borough and single them out for protection and appropriate management. The habitat and species targets included in the Essex Biodiversity Action Plan will be used to guide the implementation of those policies that refer to habitat creation in Policy CO5 and species protection in Policy CO6.

5.21 The Council will use its planning powers to prevent new development harmful to wildlife habitats wherever it can. But it will also work with landowners, through its development control and countryside management services, to secure where desirable the retention of the nature conservation interest as part of a development scheme, or provide a habitat creation scheme. The applicant may be required to enter into a Section 106 or a Section 39 agreement, whichever is more appropriate, to ensure its proper management. The list of nature conservation sites will be kept under review and sites may be added or deleted if circumstances change. This may lead to formal alterations to the Local Plan.

5.22 The Council is conscious of the value of tree planting schemes in maintaining and enhancing habitats and will encourage planting where appropriate. However, it is also aware that tree planting on important non-woodland habitats should be discouraged. 

 

CO5 Development that would adversely affect wildlife habitats of international or national importance will not be permitted unless the reasons for the development clearly outweigh the nature conservation value of the site itself and the international or national policy to safeguard the network of such sites. Development and land use changes likely to have an adverse effect upon the following sites listed below will not be approved unless it can be clearly demonstrated that there are reasons for the proposal which outweigh the need to safeguard the substantive nature conservation interest in the site. Where development is permitted and is likely to cause damage, such damage will be kept to a minimum. Where this is not possible, appropriate mitigating measures will be sought before planning permission is granted. The creation of new habitats will be required as early as possible in the development process, and in some cases this may be before development commences. Such measures will include the creation of habitats of equal quality elsewhere within the site or the Borough as a whole. Where these measures are not possible, planning permission will be refused. Local Nature Reserves or potential Local Nature Reserves; Sites of Importance for Nature Conservation; Regionally Important Geological/Geomorphological Sites; Existing woodlands and hedgerows, particularly those in the Inventory of Ancient Woodlands; Habitats identified as declining in the Essex Biodiversity Action Plan; Important hedgerows; Wetlands, water meadows and ponds; Unimproved grasslands.

Protected Species

5.23 The Wildlife and Countryside Act 1981 (as amended) provides general protection for breeding birds, a number of animals (with more specific protection for some animals) and all wild plants (with more specific protection for some plants). The list of species offered protection by the Wildlife and Countryside Act 1981 is reviewed every 5 years. Some of this protection has subsequently been enforced by the implementation of the Protection of Badgers Act 1992, which affords protection to badgers and their setts, and the Conservation (Natural Habitats, etc) Regulations 1994.

5.24 Proposals for development or land use changes may potentially harm or interfere with protected species or their habitats, for example bat roosts, barn owl nesting sites or badger setts. This may occur in the case of buildings located in either rural or urban areas, which are the subject of proposals for either change of use and/or significant structural alterations. Developers will be required to carry out site surveys prior to submitting development proposals where these might adversely affect protected species. In carrying out such surveys, they should seek advice from statutory and voluntary conservation groups.

5.25 In the case of bats, planning permission may be refused where the affected site is one of key importance to the species. In other instances, the Council may impose a condition on a planning permission stating that the development in question should not be carried out until the bats are no longer at roost in the proposal building. In other situations, there will need to be safeguards allowing the bat colony to be removed to an alternative sanctuary before development commences.

5.26 In respect of barn owls, the Borough Council will need to be assured by the prospective developer that a nesting site will continue to be provided in the proposal building, and will insist by condition that approved development does not take place within the breeding season.

5.27 In respect of badgers, the Council will insist on development being located away from a known badger sett within a proposal site. If this is not feasible, the Council may refuse planning permission. In cases where planning permission has been granted, and a badger sett is subsequently discovered at the proposal site, the Council will wish to make suitable arrangements for the conservation of the badgers before development proceeds. A free booklet is available from English Nature for guidance.

5.28 Some species, like the badger, are protected in their own right whilst others are protected under the 1981 Act which affords different levels of protection to different species. PPG9 gives guidance on conserving the diversity of our wildlife and is a reference to the main statutory conservation obligations. The Council will consult closely with English Nature on the best ways to safeguard the wildlife interest in respect of proposed development likely to affect the habitats of these species and any others included within the Wildlife and Countryside Act, or its subsequent re-enactments, and the Essex Biodiversity Action Plan. Where the habitat of a species is of key importance, permission will be refused. At other locations, the development and habitat should be integrated, and where this is inappropriate, if faced with the inevitable loss of a habitat, relocation will be required as a final option in appropriate cases.

 

CO6 When examining proposals for development, and where such proposals would adversely affect protected species, planning permission will be refused where the habitat is of key importance to the species. At other locations, in the event of planning permission being given, the development scheme will provide for the full integration and accommodation of the habitat within the proposal building or site. Failing this, the relocation of the threatened habitat from the proposal site to another safe location will be required only as a final option before development commences. Where relevant, planning permissions will contain a condition to ensure that implementation of the approved development scheme will be phased so as to avoid interference with the annual breeding season.

Protected Lanes

5.29 The County Council has identified certain lanes that have historic and landscape value. It is considered that, through appropriate management measures by the Highway Authority and by landowners, these features, which add to the character of the countryside, can be retained. The Plan supports this approach. These lanes are sometimes flanked by mature hedgerows and grass verges that provide a valuable and very diverse habitat that the Council will seek to safeguard through Policies CO4 and CO5.

 

CO7 Protected Lanes of historic and/or landscape value shown on the Proposals Map will be protected from development that would adversely affect their physical appearance or would give rise to a material increase in the amount of traffic using them.

AGRICULTURE

5.30 In line with current Government guidance in PPG7, the Plan aims to protect good quality agricultural land (Grades 1, 2 and 3a of the Ministry of Agriculture’s land classification). The Plan also aims to protect the viability of farm holdings. In general, the best quality agricultural lands in the Borough lie north of the A12 with further Grade 2 land at Stanway and on Mersea Island. When considering planning applications where it is thought agricultural interests could be affected, the Borough Council will, in accordance with the GDPO 1995, seek the views of the Ministry.

 

CO8 Development will not be permitted which would lead to the loss of the best and most versatile agricultural land, defined as Grades 1, 2 and 3a in the Ministry of Agriculture, Fishery and Foods’ land classification unless: (a) there is an overriding need for the development; and (b) a suitable site of lower grade land is unavailable or has an environmental value which is recognised by a statutory landscape, wildlife, historic or archaeological designation. In cases where land is in ALC Grades 1,2 and 3a, where there is an overriding need for the development and where there is a choice between sites of different grades, development should be directed to land of the lowest grade first. Proposals either likely to disrupt farming operations, or which would result in the fragmentation of farm holdings leading in either case to the non-viability of the holding, will not be permitted.

5.31 The Plan also contains policies to control the location of intensive livestock rearing premises or development ancillary to or servicing agriculture. Such uses have often proved difficult to locate satisfactorily, and where possible these should be located in existing farm buildings. With such applications, the Council can have regard only to material planning considerations, although this could include a temporary planning permission to allow the planning authority to assess the precise impact of the proposal on the surrounding area. Such proposals will also be governed by other environmental, hygiene and welfare legislation and the Council will have regard to the advice on these aspects as set out in Annex C of PPG7.

5.32 Proposals for the establishment or expansion of intensive livestock rearing or for associated structures such as slurry tanks and lagoons will be refused where they do not comply with the requirements of Policies DC1 and P1 in Chapter 7, “Pollution and Land Resources”.

5.33 The location of facilities for boarding and breeding of animals not connected with agriculture has caused difficulties in the past. The Plan therefore includes criteria in Policies CO9 and DC1 which can be used to assess individual proposals and ensure that not only are they located so as to minimise nuisance on an individual basis but also that nuisance caused by the cumulative impact of such establishments is avoided.

CO9 Planning applications for the establishment or extension of facilities for the breeding or boarding of horses, dogs or cats or any other animals not bred or boarded as part of an agricultural operation, will be refused where either of the following apply: (a) There is an adverse effect on farming and the quality of agricultural land on the site; and (b) The use has an adverse impact on the character or appearance of the countryside.

Agricultural Diversification

5.34 “Farm diversification” is taken to mean an alternative use of land or buildings that remains within the farming unit in the ownership of the farmer and run from the existing house. Although a manager may be employed to run the business, it should not require any extra accommodation, unless that provision is within or connected to the farmhouse. The Council does not wish to unreasonably hinder diversification plans; however, it does want to ensure that any use granted on the basis of diversification remains part of the farming unit and is not sold to an independent owner who would not otherwise have gained planning permission.

5.35 Changing agricultural policy and the continued loss of agricultural employment have led farmers and farm workers to seek alternative means of income. Diversification clearly benefits the rural area in terms of providing much needed local employment, supporting the local economy and making use of existing farm buildings, some of which may have an architectural or historic value. However, this is not to suggest that all forms of diversification are acceptable and that the needs of the countryside, conservation and neighbouring residential properties can be set aside. Some farm diversification – such as the introduction of new land uses out of character with the landscape, or new buildings that are inappropriate in size and scale and materials – will have detrimental effects on the countryside. Similarly, some uses and ancillary activities may adversely affect residential amenities.

5.36 Other uses may lead to an unsustainable subdivision of the farm unit. For this reason the cumulative effect of diversification will be addressed in two ways: first, by requesting that each application is accompanied by a farm management plan in order to assess the context of the diversification scheme, its impact on the site and any repercussions on the effective running of the farm; second, to consider the scheme in conjunction with other schemes that operate in the area in order to assess the overall impact visually and in terms of traffic generation, and to ensure the safety of all users and avoid the use of urban features in the countryside.

5.37 Farm diversification schemes may result in the loss of particular habitats, trees or hedgerows. The site, in some instances, may benefit from additional landscaping in order to minimise the proposal’s impact on the surrounding countryside. In order to ensure there is no damage to or loss of the open and undeveloped character of the countryside, or to habitats of nature conservation importance, and to promote biodiversity, landscape and habitat creation schemes will be required as part of the planning application. Any scheme will be appropriate to the size and scale of the proposed development.

5.38 Some diversification schemes will be more appropriate in the countryside than others, due – for example – to the specific circumstances of their location or design or because of traffic generation and issues related to it. The suitability of any scheme will be judged against Policy CO10 and other Local Plan policies, some of which are given below. Applications for the extension of existing buildings or the change of use of buildings for tourist accommodation raises particular issues in relation to being sensitively located and designed and are subject also to Policy UEA6. Proposals within Use Class Order B1, B2 and B8 are subject also to EMP4 and farm shops in accordance with shopping Policy TCS13. Leisure uses that require no new buildings and are extensive in their use of the land or community uses are considered more appropriate. Storage of non- agricultural items in the countryside is a contentious issue, applying in particular to large items such as caravans or boats, and even more so if they are visible. Although this issue will be covered by other Local Plan policies, in terms of diversification a limited number of caravans or boats (perhaps 2 or 3) could be stored. It should be stressed that this type of use will be of a very limited nature and confined to within existing buildings.

5.39 The Council recognises the need for farms to diversify but is also aware of the isolated nature of many farms and therefore of the need to ensure that development proposals make the best use of existing farm buildings rather than introduce new structures into the countryside. Any potential new buildings will have regard to the scale and design of the surrounding area and applications for new buildings must prove why the existing buildings cannot be used as part of the diversification scheme. This will be particularly important in sensitive areas of the Borough, such as the Dedham Vale AONB.

5.40 Opportunities for increasing access to the countryside on foot, horse and by bicycle will be encouraged – for example, through the introduction of public rights of way or permissive routes.

 

CO10 Appropriate and alternative uses for agricultural land and buildings will be approved provided that all the following criteria apply: (a) Maximum use of existing buildings is made and any new non-agricultural buildings should be essential to the diversification scheme. Where new buildings are allowed, particular regard will be had to their quality and character; (b) A landscape scheme and habitat creation scheme will be required; (c) There is no damage to the agricultural holding and its continued viability and proper functioning; and (d) Additional traffic generation must be accommodated without significant change or amendment to the local highway network.

DEDHAM

5.41 Dedham village lies near the heart of what is known as Constable Country. The area has a long history as a tourist destination because of its peaceful rural nature, attractive countryside, historic buildings and village atmosphere and connections with the painters John Constable and Alfred Munnings. Dedham is not the only quintessential village in the area but it has become the area most well known to day trippers and long-stay visitors by virtue of its location and connections, as well as the number and variety of additional facilities available in the village.

5.42 The presence of so many visitors pays great dividends to the residents by sustaining many services that might not otherwise be available to a village the size of Dedham. However, a survey undertaken by the Council (Dedham Recreation Capacity Study, 1994) demonstrates the problems associated with large numbers of visitors, the significant majority of whom arrive by car. The demand for car parking, congestion, the pressure of so many visitors on a very small area of the countryside and the inconvenience and intrusion experienced by residents in contrast to the opinion of local businesses puts great demands on the village. It is possible to relieve this pressure, principally by encouraging tourists either to visit at less busy times or to visit less well used areas. In addition, the Council will strongly resist future applications for facilities that offer totally new opportunities to the visitor and which would attract those who would not otherwise come to Dedham.

5.43 Another aspect that the Council believes can increase the number of visitors and materially affect the appearance of the Conservation Area and the countryside character is the proliferation of signs. The Borough Council now has very little control over the use of brown tourist signs, although advertising consent is still required for other signs and the Council will seek to ensure that these are strictly limited in order to safeguard the character of Dedham village and its surrounding countryside and to avoid attracting new or chance visitors.

5.44 The Council has provided the Mill Road car park and increased the capacity at the Mill Pond parking area to meet demand for off-road parking. The wisdom of providing further parking provision is doubtful, however, and the Council is keen to promote and encourage visitors to use alternative modes of transport, such as scheduled bus services, park and ride services and safe cycle routes into and within the Dedham Vale Area of Outstanding Natural Beauty.

STABLES

New Stables or Extensions to Existing Stables

5.45 The Council recognises that horse riders must have properly established bases and a good network of bridleways or permissive routes (eg farm ride schemes) for what is a growing leisure activity. However, this increase in the number of stable/equestrian type uses puts increasing pressure for development on the countryside. Clearly such uses are best located in the rural area, but an uncontrolled spread of stables, ranch fencing, exercise rings etc and on-site residential accommodation threatens the open landscape, neighbouring residential amenities and local wildlife habitats. For example, there could be a significant increase in the level of “wear and tear” on sensitive wildlife sites near to or along bridleways.

5.46 The Council is very conscious of the continued demand for houses in the countryside and in particular that some may seek to take advantage of recreational uses in order to secure a home in the rural area. Although the Council would welcome increasing public access to the countryside, it does seek to refuse the inappropriate development of buildings, particularly of a sporadic or isolated nature. Accordingly, existing stables seeking on-site residential accommodation will be required to provide a business plan in order to prove their viability. The Council will want to ensure that the accommodation always remains in use in connection with the business. Therefore any planning permission that may be granted will be subject to an occupancy restriction. The removal of an occupancy restriction will be assessed against Housing Policy H11.

5.47 To avoid isolated or sporadic development, the Council will want to ensure that new stable/equestrian development takes advantage of existing residential properties to accommodate the manager or supervisor and enable the new business to be operated from the house. Only in exceptional circumstances would a proposal for the re-use of existing buildings, as a new equestrian establishment where the residential element was subordinate part, be appropriate. Exceptional circumstances could be, for example, to safeguard a listed building. The Council is keen to ensure there is no confusion between the needs of the business and the desire to have a home in the countryside. To this end, as in Policy CO13, all applications for accommodation in connection with equestrian or stable businesses will be restricted in size so that the residential element is truly a subordinate part of the equestrian use and not a reflection of the aspirations of the owner. It will be important to ensure that the accommodation is close enough to meet the operational requirements of the business and the manager, because future applications for new accommodation to continue operating or retain employees of the stables will be subject to the strict housing and countryside policies in the plan.

 

CO12 Planning permission will be granted for the establishment of new, or the extension of existing riding schools and other equestrian establishments provided the following apply: (a) The new equestrian development is located in association with existing residential property or, in exceptional circumstances, in association with the re-use of existing buildings where the residential element is as a subordinate part of those buildings that is capable of meeting the duties of the manager/ supervisor; (b) There is no adverse impact on landscape character and residential amenity; (c) There is no damage to or loss of sensitive local wildlife habitats; (d) The traffic generated can be accommodated without alteration to the existing local highway network; (e) Existing and proposed bridleways and byways and the surrounding road network are suitably and safely located and are able to accommodate horse riders

Residential Accommodation for Existing Stables

5.48 For existing equestrian establishments, the business may develop sufficiently that on- site accommodation is sought. If the Council was minded to grant planning permission, it would want to be assured that the business is capable of funding a house and, to avoid any doubt, may consider it necessary to grant temporary planning permission for a mobile home before granting permanent consent. Any permission that may be granted will be subject to an occupancy restriction. The removal of an occupancy restriction will be assessed against Housing Policy H11.

5.49 The Council is also keen to ensure that the requirements for a legitimate business are not confused with the desire to own a house in the open countryside. To this end, all applications for accommodation in connection with equestrian or stable businesses will be restricted in size so that the house represents a true reflection of the needs of the business and the income generated and not the needs or aspirations of the owner. For example, a modest house with three bedrooms and a study with an integral garage would meet the requirements for most businesses.

 

CO13 Planning permission for residential accommodation for existing equestrian establishments will be granted subject to the following: (a) New accommodation is located adjacent to or physically adjoining the stables so as to create one complex of buildings; (b) The accommodation can be provided from business income a business plan verifying the viability of the business to achieve this will be necessary and the accommodation is the minimum required to meet the needs of the business; (c) There is no adverse impact on the character of the surrounding countryside; and (d) In all cases where residential use is permitted, a standard occupancy condition will be attached to the planning permission.