6. URBAN ENVIRONMENT & ARCHAEOLOGY

Introduction

6.1 Its built environment is one of the most important assets that the Borough possesses. In addition, it contains sites of national and international importance for archaeology. The town not only claims to be Britain’s oldest recorded town but can also claim to be one of the most important towns historically within the country. The Town Centre is designated a Conservation Area and is perched up on top of a hill with views out to the open countryside and with the attractive landscape of the River Colne Valley coming close to it. It is an environment to be envied.

6.2 In addition to the Town Centre, there are a number of fine villages within the district of which perhaps the most important historically and architecturally is Dedham, although the older parts of both Wormingford and Messing as well as many others have their attractions. There are also the riverside settlements at Wivenhoe, Rowhedge and West Mersea.

6.3 Much new development has taken place in the district over the last 40 years and inevitably some of this has not been of a very high quality. Through the use of the Council’s development control powers it has been possible to ensure that much of the new development that has taken place in the last 20 years is probably as good as most other comparable areas have managed to achieve. Within the Town Centre, some of the new development has managed to enhance the Conservation Area and efforts continue with English Heritage and the County Council to enhance it further. Development from the ’60s and early ’70s, including road building, caused much harm to the town’s character.

6.4 The Council has also been pro-active in preserving the archaeology of the town. It has spent significant sums of money, with the financial support of English Heritage, to ensure that the Roman Walls and the Castle have been repaired and kept in good order.

6.5 For the future, there are signs that the value of good design in new development is being increasingly recognised at a central and local level. Hopefully, the new development over the next plan period will show a further improvement from that achieved in the last.

6.6 The Borough is fortunate in possessing a number of green wedges or greenlinks that come from the edge of the built up area almost to its centre in some instances. These are important for the setting of the town as well as being important locally for people and for wildlife. There are also a number of small incidental areas of value within the urban area.

Objectives

6.7 The Plan’s objectives in terms of this chapter are:

(a) To safeguard and enhance the historic form and character of settlements and, in particular, to protect and enhance the character and setting of Conservation Areas, listed buildings, Scheduled Ancient Monuments, areas of archaeological importance and historic parks and gardens;

(b) To ensure that the layout and design of new housing retains local distinctiveness; meets the highest standards in terms of visual appearance, treatment of the external environment and personal safety and security; and respects or enhances local character;

(c) To encourage the highest standards of design for all non-residential development;

(d) To improve those areas with poor environments;

(e) To retain and enhance green wedges and greenlinks and incidental areas of value as far as possible.

Policies

DEVELOPMENT CONTROL CONSIDERATIONS

6.8 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.

CONSERVATION AREAS

6.9 The Planning (Listed Buildings & Conservation Areas) Act 1990 requires that Local Planning Authorities should pay special attention to the desirability of preserving or enhancing the character or appearance of Conservation Areas.

6.10 The 1990 Act also requires Local Planning Authorities to designate Conservation Areas, to keep such designations under review, and “to formulate and publish proposals for the preservation and enhancement of” Conservation Areas.

6.11 The Borough Council carried out an extensive review of Conservation Areas and boundaries in the 1980s and has subsequently evaluated a number of potential Conservation Areas, some of which were designated. It is considered that all those areas currently warranting Conservation Area status have been designated.

6.12 The Proposals Map shows the existing 21 Conservation Areas to which the policies set out in this section apply. The Borough Council is currently considering the need for further Conservation Area appraisals. It will also, within the resources available, implement a programme of positive schemes for the preservation and enhancement of Conservation Areas and encourage and support property owners to preserve and enhance buildings worthy of retention.

6.13 The appraisal process will identify the special character which has led to designation. It could lead to amendments to boundaries to reflect more accurately the extent of the special character. The conclusions arising from appraisals will be used as SPG and may lead to alterations to the Local Plan itself. The appraisals should also identify those priority buildings and areas towards which resources for repair and enhancement should be directed. A planning application in a Conservation Area should be in the form of detailed proposals, incorporating full elevational treatment and colours and materials to be used.

 

UEA1 Within Conservation Areas, all those buildings, open spaces, trees, views and other aspects of the environment which go to make up the character or appearance of such places will be protected. Development considered detrimental to the setting of Conservation Areas will be refused.

UEA2 An application for a new building, alteration or extension affecting a Conservation Area will be permitted only provided that: (a) the proposal does not detract from the character or appearance of the Conservation Area; (b) in the case of a new building, its siting retains the existing street building line and the rhythm of the street, its mass is in scale and harmony with the adjoining buildings and the area as a whole, and the proportions of its parts relate to each other and to the adjoining buildings; (c) architectural details which contribute to the character or appearance of the Conservation Area are retained; (d) in the case of a shop front, it is of a high standard of design relating sympathetically to the character of the building and the surrounding area; (e) the materials used are sympathetic with the particular character of the area which it is desirable to retain and enhance.

6.14 In addition to seeking to control the appearance of buildings and spaces in Conservation Areas, the Plan also seeks to resist unsympathetic uses of land. The establishment, change of use or expansion of uses that would detract from the character of a Conservation Area due to noise and traffic generation, or would be detrimental to visual amenities, will not be permitted.

6.15 Conservation Area designation is often in recognition of the fact that a group of buildings together, or a particular arrangement of buildings and spaces, comprises an identifiable character. Such areas are sensitive to the demolition of even one building. There is a general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of a Conservation Area, so the Borough Council must be satisfied that there are good or overriding grounds for such demolitions. Equally, the Borough Council will wish to ensure that, firstly, no unsightly gaps are left in building facades any longer than is necessary after demolition and, secondly, that replacement buildings in line with Policy UEA2 would actually enhance the character and appearance of the Conservation Area.

6.16 Applications for planning permission and Conservation Area consent for demolition should be submitted together. Outline applications will not normally be acceptable.

 

UEA3 Within a Conservation Area, consent will be granted to demolish an unlisted building only where: (a) demolition and/or redevelopment of the existing building would make a positive contribution to the wider aim of preserving and enhancing the character of the Conservation Area; or (b) the applicant is able to demonstrate that the building is beyond reasonable repair; and (c) the applicant provides clear and convincing evidence that all reasonable efforts have been made to sustain existing uses or find viable new uses, and these efforts have failed; preservation in some form of charitable or community ownership is not possible or suitable; or redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition. Where (a) to (c) apply, it will also be necessary to demonstrate that, if appropriate, there are acceptable detailed proposals for redevelopment of the site. In these cases, planning permission will be conditional to the making of a contract before demolition can proceed for the works necessary to implement the approved redevelopment scheme, and the proposed redevelopment would preserve or enhance the character and appearance of the Conservation Area.

LISTED BUILDINGS

6.17 Buildings listed as being of special architectural or historic interest are important in themselves and for the contribution they make to the character of the Borough, particularly in Conservation Areas. PPG15 makes it clear that there will be a general presumption in favour of the preservation of listed buildings. The Plan therefore proposes that these buildings should be protected from demolition or unsympathetic change and that measures should be pursued to safeguard their continued well-being.

6.18 In considering proposals for the demolition of listed buildings, applicants will need to demonstrate the efforts that they have made to keep the building in its present use, or find new uses with a new owner which may include a charitable trust or a community group. This would include marketing campaigns over a period of some months and in a variety of outlets, evidence that the price being sought for the building in its existing or a new use was realistic given its condition and location, and evidence of meetings with community groups and charitable trusts, including building preservation trusts.

6.19 The Borough Council currently operate a programme of grant aid for the repair of listed buildings. It is proposed to continue with this subject to the availability of resources.

6.20 The policies in the Adopted Review Colchester Borough Local Plan have been reviewed and revised in the light of PPG15, “Planning and the Historic Environment”. In particular this has led to a strengthening of the policy relating to the demolition of listed buildings.

 

UEA4 There will be a presumption against the demolition of listed buildings. Consent for demolition will be granted only where : (a) clear and convincing evidence has been presented that all reasonable efforts have been made to sustain existing uses or find viable new uses and that these efforts have failed; or (b) preservation in some form of charitable or community ownership is not possible; or (c) redevelopment will produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition.

6.21 The value of many historic buildings does not just relate to their external appearance, but can derive from any special internal features such as panelling and fire surrounds or the spaces within and the layout itself. The Council can control any proposed works which may damage any of these features. Applicants for listed building consent must be able to justify their proposals and these should be supported by sufficient information including detailed drawings and a considered analysis of the impact of the proposals on the building’s special character. The Council’s general approach to applications is set out below.

6.22 The policy also reflects the fact that new unsympathetic development may seriously detract from the appearance and/or setting of a listed building. It also relates to the Council not wishing to encourage inappropriate land uses solely to secure retention of, or improvements to, listed buildings. However, the Council will consider new uses which enhance and facilitate the maintenance of a listed building if this will not undermine other policies contained elsewhere in the Plan. In all cases, the Council would wish to negotiate schemes for repair or refurbishment with the applicant prior to any permission being granted, using the mechanism of a formal legal agreement where this was felt to be necessary. The success of such schemes can often hinge on the careful supervision of the work and the use of appropriate specialist labour and methods. Where such refurbishment schemes are pursued in buildings open to the public, opportunities to improve access for disabled people will be pursued in a manner that does not prejudice the building’s special interest.

 

UEA5 Any works to a listed building or to other buildings and structures dating from before 1 July 1948 within its curtilage, must: (a) preserve the special interest of the building; (b) retain and repair internal and external original fabric and features, and replace that which is missing; (c) not harm the structural stability or fabric of such buildings and structures, or adjoining buildings and structures; (d) in the case of an extension, be of a scale and character that would clearly retain the distinctive form, scale and mass of the original building. Furthermore, any development which adversely affects the setting of a listed building will not be permitted. In addition, permission will only be given to a change of use of a listed building where structural and economic evidence indicates it would otherwise be incapable of continued beneficial use in its present use and where the change of use does not adversely affect the special architectural or historic interest of the building, or give rise to adverse environmental impacts. Any demolition or structural alteration of a listed building will be subject to a condition ensuring the necessary archaeological and historic recording.

Listed Barns or Other Listed Agricultural Buildings

6.23 Colchester, in common with other parts of Essex, has a substantial number of historic farm buildings, predominantly timber-framed barns, many of which are statutorily protected as buildings of special architectural and historic interest. Many of these buildings belong to archaeologically important domestic and agricultural settlements, dating back in some cases to the Norman Conquest. As a result of these changes in general farming practices, many of these barns and other structures have become effectively redundant in agricultural terms, although they are frequently used for low- key storage and other uses.

6.24 In the County as a whole there have been a number of proposals for the re-use of barns for residential purposes. In a number of cases, the change of use to residential has been so dramatic that the barns in question no longer qualify for listing.

6.25 The result in these circumstances has been that the very reason for allowing this kind of change of use – to conserve historic and architectural character – has been destroyed in the process. This is predictable given the characteristics of the barns, which are, in the majority of cases, large black boxes with steeply pitched roofs, the boxes themselves being essentially simple large, void containers with big doors and virtually no windows.

6.26 In order to safeguard the character of barns, conversion to appropriate employment (within use classes B1, B2, or B8) or community uses will be preferred. Conversion to residential use will be accepted only as a subordinate part of a scheme for business re- use of that building or group of buildings or where business or community re-use is not feasible. To comply with the former, the residential use would occupy a small proportion of the total floorspace of the building or buildings converted and would be occupied in association with the business use attached. To demonstrate that conversion to business or community use is not feasible, the applicant will need to demonstrate the sustained efforts they have made to market the building and that the price being sought is realistic. In addition, they should demonstrate what attempts they have made to get community groups interested in using the building. The change in emphasis of the policy is further justified in the light of statements in the Rural White Paper and PPG7, “The Countryside – Environmental Quality and Economic Development”.

6.27 In addition, conversion to holiday accommodation – ie let for a maximum of individual 4- week periods – would be acceptable where it safeguarded the fabric of the building and conversion to a suitable business or community was neither possible nor desirable.

6.28 The proposed conversion should not alter the original character of the building in respect of its structure, external cladding materials, internal spatial character, external openings, skyline silhouette and roof planes or its immediate or landscape setting. The introduction of new alien structural members is unlikely to be permitted.

6.29 An application for a change of use should be accompanied by a fully detailed scheme, based on a thorough survey of the existing fabric to demonstrate that the conversion of the building concerned will secure the preservation of its architectural and historic interest.

6.30 Applicants are advised to seek expert advice, including archaeological advice, at an early stage. The Council may require an archaeological record to be made as part of any permission.

6.31 In considering proposals, regard will also be had to other policies in the plan relating to the needs of agriculture, the availability of utility services and the provision of adequate parking and servicing.

 

UEA6 Conversion of a listed barn or other listed agricultural or formerly agricultural building to employment or community use will be permitted provided that: (a) the conversion of the barn to the new use would secure its preservation in terms of its historic fabric, its character and appearance and its contribution to the group value of any building nearby and/or to the landscape in general; (b) the proposed use would not generate traffic of a magnitude or type that might be likely to cause additional traffic hazards and/or damage to minor roads. Conversion to residential use will be acceptable only where: (i) the applicant has made every reasonable attempt to secure suitable employment or community re-use, and the application is supported by a statement of the efforts which have been made; or (ii) residential conversion is a subordinate part of a scheme for business re-use of that building or group of buildings; (iii) in either case, criteria (a) and (b) above are met. In addition, conversion to holiday accommodation would be acceptable where: (iv) criteria (a) and (b) above are met; and (v) criterion (i) above is met

ARCHAEOLOGY

6.32 The Borough possesses an important archaeological resource, particularly in Colchester Town Centre and at Sheepen and Gosbecks. The area was an important centre prior to the Roman Invasion, witnessed by the arrival of the Emperor Claudius himself to receive the surrender of the British forces and the presence of the Iron Age dyke system. The Roman Invasion led to the eventual establishment of a walled city whose street plan is still largely in use today and whose wall survives intact to a great extent. There is evidence of Saxon and Norman occupation, particularly with Holy Trinity Church and Colchester Castle.

6.33 The “Sites and Monuments” record is an important source of identifying archaeological sites. In order to improve further knowledge of the archaeological resource in Colchester Town Centre, English Heritage are financing the establishment of an urban archaeological database. The resultant strategy will inform subsequent reviews of the Local Plan. The County Council have also completed surveys of Dedham and Wivenhoe which may be adopted as SPG. Chapter 15, “Shopping and Town Centre”, contains a specific policy relating to the Town Wall.

6.34 Prior to considering applications that affect archaeological sites and which involve ground disturbance, the Council will require the submission of an appropriate archaeological assessment as required in PPG16. Applicants are advised to seek advice from the Council to the extent of the assessment required, which will take the form of an initial desktop assessment followed by more detailed evaluation where appropriate. For small developments, this whole process may not be extensive. In considering the impact of development on archaeological sites, their value for other aspects, particularly bio- diversity, needs to be considered.

6.35 Development affecting the more important national sites, which are designated as Scheduled Ancient Monuments, will require Scheduled Ancient Monument consent. This is decided by the Secretary of State for Media, Culture and Sport on advice from English Heritage. The preferred option for scheduled sites and other sites of national importance is that remains should be preserved in situ.

6.36 Where granting consent, the Council may seek to impose conditions or a S106 agreement to ensure that there is adequate recording of the archaeological interest. However, it is considered that preservation in situ is nearly always preferable to preservation by record.

6.37 It is expected that those carrying out the development will fund any necessary assessment and recording.

6.38 The Council recognise that landowners and tenants have an important “guardianship” role to play in the continuing task of preserving archaeological sites, as does the Council itself in respect of those sites and monuments on its own land. The co-operation of other landowners and tenants will be sought in preserving such sites.

6.39 When the Council becomes aware of a threat to a recognised archaeological site as a result of the potential exercise of Permitted Development Rights, it may seek to use an Article 4 Direction to safeguard the archaeological interest.

6.40 Interpretation of archaeological sites is also recognised as important and the Council will continue to implement schemes to interpret sites and monuments.

 

UEA7 There will be a presumption against development that would adversely affect Scheduled Ancient Monuments and other nationally important archaeological remains and their settings, whether scheduled or not. Other sites of archaeological significance will be safeguarded from development which would adversely affect them where the significance of the remains outweighs the benefits of the development Archaeological assessment will be required prior to the determination of planning applications within areas of archaeological potential or which affect suspected archaeological sites where the proposal involves ground disturbance. Where permission is granted for development which would involve or would potentially involve the loss of archaeological remains, provision for their excavation and/or recording will be required.

6.41 The extensive Iron Age Dyke System around Colchester can be viewed as one of Colchester’s primary archaeological monuments. Apart from the Lexden Tumulus, the dykes are the only surviving standing structures from the Iron Age settlement of Camulodunum and should be regarded as an internationally important, fragile and irreplaceable resource.

6.42 The Dyke System is a unique historic asset for Colchester. Accordingly, the Council will attach appropriate conditions to relevant planning applications in order to ensure that the system remains completely undisturbed.

 

UEA8 The Dyke System, including those lengths not scheduled as Ancient Monuments, will be preserved and protected from development. In areas of new development, every effort will be made to incorporate the Dykes undisturbed into amenity open spaces.

6.43 Gosbecks is situated on the south-western outskirts of Colchester. It has been described as one of the country’s premier Iron Age and Roman monuments. Much of the site is protected as a Scheduled Ancient Monument.

6.44 The Gosbecks Archaeological Park, which is owned by Colchester Borough Council, covers a large part of the scheduled site. Within its boundaries lie a Roman temple and theatre, a stretch of a Roman road and substantial evidence of fields and trackways of Iron Age and Roman date. There is a continuing programme of archaeological research at the Park.

6.45 The Gosbecks Archaeological Park is a major potential asset for the area. The Council is currently pursuing the creation of a major visitor attraction on the Park as well as a programme of land management designed to safeguard and interpret the archaeological interest. Development and management of the Park will follow principles consistent with Policy UEA7.

6.46 The major visitor attraction will therefore need to be consistent with preserving the archaeological importance of the site. It will also need to respect its rural location and be compatible with the Council’s transportation policies. Such an attraction will support the Council’s overall vision for the Town Centre and its Tourism Development Plan.

6.47 This programme also seeks to manage the site for informal recreation and to enhance its landscape and ecological value. It is hoped to extend the area of the park either by land acquisition or a management agreement.

 

UEA9 The Gosbecks Archaeological Park will be safeguarded for its archaeological importance. A major archaeological visitor attraction will be located within the Park.

PARKS AND GARDENS OF HISTORIC INTEREST

6.48 English Heritage has compiled a “Register of Parks and Gardens of Special Historic Interest”. However, inclusion in the Register gives no extra statutory protection. Within the Borough, Castle Park, Wivenhoe Park (part of the University campus) and the gardens at Layer Marney Tower are all currently included. The Local Plan seeks to safeguard these important historic landscapes. The currently included sites are shown on the Proposals Map but additions or deletions to the register may occur during the Plan period.

 

UEA10 Sites included on the Register of Parks and Gardens of Special Historic Interest will be protected from development which would lead to the loss of, or cause harm to, their historic character or setting.

DESIGN

6.49 The general principles that underlie the Council’s approach to design are:

(a) To promote or reinforce local distinctiveness;

(b) To achieve the highest possible standards of design in terms of buildings, associated landscaping and townscape in general;

(c) To ensure that development has no adverse impact on residential amenity in, for example, Mixed Use Areas;

(d) To attain a form of development in harmony with adjoining established buildings and uses;

(e) To make sure there are no significantly increased problems arising from new traffic movements into and out of the development site in question;

(f) To avoid prejudicing the effective redevelopment of adjoining sites;

(g) To have regard to crime prevention, energy conservation and nature conservation, including the scope for habitat creation.

6.50 The importance of quality in the built environment and the need for good design is endorsed in PPG1. That guidance endorses more detailed policies being contained within SPG. The Council has adopted as SPG the “Essex Design Guide for Residential and Mixed Use Areas”. This sets out detailed criteria to guide the layout and design of new residential development. It also provides guidance for mixed use areas but does not cover other non-residential development.

6.51 The Guide draws attention to the need for site appraisals on schemes of over 1ha and explains what is required. The Borough Council supports such an approach for all sites, although the level of detail necessary will generally be less for smaller sites. Guidance on this aspect is set out in Annex A of PPG1.

6.52 The Borough Council has produced SPG in relation to domestic extensions and is considering preparing SPG in relation to village housing design and trees and landscaping.

6.53 Policies relating to development in Conservation Areas are also set out in Policies UEA1- UEA3.

 

UEA11 There shall be a high standard of design in the layout of an area and of a building itself. New development should in general accord with the Borough Council’s design, layout, parking, highway and space standards and to further the interests of crime prevention, energy conservation and nature conservation. In addition, the following design principles will apply: (a) When any non-residential use is to be developed, expanded or redeveloped within a predominantly residential area, any part of the development affecting the street scene should be compatible with the surrounding dwellings in scale, form, detailed design and materials; (b) The buildings or building groups shall be well designed in themselves and have adequate regard to their setting; (c) When a non-residential use is to be developed, expanded or redeveloped in any other built-up area, but outside a Conservation Area, it should be well designed in itself. Any part of a development affecting the street scene should reflect the predominant form and character of the surrounding area where that form and character makes a positive contribution to the appearance of the area; (d) Good standards of townscape should be achieved in terms of harmonious groups of buildings and the spaces between them; (e) The external materials used should be of a good quality and sympathetic to the particular character of the area which it is desirable to retain and enhance; (f) The design and layout of the buildings should ensure that the amenity of adjacent property is not unreasonably affected; (g) Where they are to be created as part of the development, public open spaces should be well landscaped and properly maintained; (h) In all cases, redevelopment should be designed and implemented so as not to prejudice the redevelopment of adjoining land.

6.54 It is important that the optimum use is made of land available for development, and this can be achieved in part by infilling within existing residential areas, although it is important to avoid over-development or town cramming. One of the major factors disruptive of existing good character in residential areas in both town and village is the insertion of minor new development of an unsympathetic design and layout. Even where the existing residential character is of a lower quality, the Council will still expect new development to be designed to a high standard. Backland development is a particular issue with infill development and creates three principal problems:

(a) Poor townscape in terms of the approach to the development – often down a long driveway flanked with high fences;

(b) Loss of privacy and amenity caused by overlooking and the distance between existing and proposed dwellings – a problem that can be overcome in some instances through the use of bungalows;

(c) Noise and disturbance and hence loss of amenity caused by vehicles from the new development passing close to the existing properties and their gardens.

The policy seeks to address these issues.

DEVELOPMENT, INCLUDING EXTENSIONS, ADJOINING EXISTING OR PROPOSED RESIDENTIAL PROPERTY

6.55 Infill development in residential areas and extensions to existing properties can provide a more efficient use of existing urban land. Development adjacent to residential property can, however, have a dramatic impact on the character of a street and the individual living conditions of neighbours. The Council will not grant planning permission for development which will detract from the visual appearance of the property or street scene or which will result in a significant reduction in the amenity of neighbours.

6.56 An extension to existing property will be expected to be built in good quality matching materials, although in some cases intentionally contrasting materials may be preferable to help to articulate the new extension. Good articulation is vital to good design and will normally require that a new extension is set in from the main publicly visible frontages of the existing property, although this will depend on the specific architectural context of the proposal. Front or side extensions should not protrude beyond established building lines where these are a character of the street. Any new roofs should reflect the character and appearance of the existing, although flat roofs are normally considered acceptable on single storey extensions which are hidden from public view and not in sensitive locations. A roof alteration or dormer should be carefully designed, as such extensions are on the most visually prominent part of a building. They should be unobtrusive and of a scale that reflects the original roof design.

6.57 Infill development, including extensions, should not appear artificially cramped and should preserve the spatial characteristics of the locality. A minimum separation distance is required at first-floor level and above where a visual gap already exists between properties, but in some streets the character of property will require a larger separation distance which may also be required at ground floor level to avoid a loss of character to that street.

6.58 A direct impact on neighbouring occupiers can occur as a result of a loss of natural daylight or sunlight, a loss of privacy or the bulk of a new development being oppressive and overbearing. Minimum requirements to prevent an unreasonable loss to residents’ amenity as a result of these factors are outlined in Policy UEA13. With regard to loss of privacy, the window-separation distances stipulated in the “Essex Design Guide” to avoid overlooking between windows of new residential properties will be applied to include extensions to existing properties as well as non-residential buildings adjoining residential property.

6.59 Although most suburban gardens are already overlooked to some degree, where the adjoining residential property has an existing private garden area it would be expected to retain an area of that garden which is not overlooked at close distances by any new development. Proposed balconies, including the use of flat roofs, will be refused planning permission unless it can be shown that problems of loss of privacy do not and will not occur.

6.60 Exceptions may be allowed to the standards within Policy UEA13 where the historic character of the area already exhibits different characteristics, such as an area of Victorian terraced houses where compliance may result in artificially restricted or manufactured development. Likewise there may be exceptional cases where it can be proved that, by good design, individual standards need not apply because the envisaged problem will not occur. However, it is envisaged that, unless a clear case for relaxation can be made, all the criteria of the Policy will be applied in full.

 

UEA13 An extension to a building, or a new building adjoining existing or proposed residential buildings, will not be permitted where: (a) the development would be poorly designed or out of character with the appearance of the original building; (b) the proposal leads to the creation of a cramped appearance or terracing effect of detached or semi-detached properties; (c) the proposal has an overbearing effect on the outlook of neighbouring properties; (d) the proposal leads to an unreasonable loss of natural daylight or sunlight to an adjoining dwelling or its curtilage; (e) the proposal leads to undue overlooking of neighbouring properties; (f) the proposal leads to an unacceptable reduction in garden area or an increase in off-street car parking requirement which cannot be adequately met on site in a visually acceptable manner.

GREENLINKS

6.61 A number of other Local Plans have included policies relating to what are termed greenlinks or wildlife corridors or green chains or green corridors. These relate to three particular aspects:

• The movement of plants and animals along open corridors of land;

• The movement of people for the purposes of informal recreation;

• As major linear and landscape features traversing the urban area.

6.62 On the question of the value to wildlife, it is becoming increasingly clear from recent research commissioned by English Nature that a linked network of sites of importance to wildlife is much more sustainable and of higher nature conservation value than a situation in which such sites are isolated islands in a sea of urban or intensively cultivated agricultural land. Wildlife corridors can therefore assist with the movement and spread of plants and animals. Some of the greenlinks use existing sites of nature conservation value, and with good management others may also achieve such a formal status.

6.63 As a recreational resource, such greenlinks can provide a way for local residents or visitors to explore and make fuller use of the variety of green spaces available throughout Colchester. Amongst other advantages, a greenlinks network could be linked to the existing pedestrian and cycle network and therefore encourage yet further the use of these two transport modes. In particular they could provide an opportunity for people to cycle from their homes out into the open countryside. They could also provide valuable and attractive walking routes.

6.64 As landscape features, greenlinks can provide a contrast to more urban development and break up the urban structure.

6.65 By encouraging the retention of existing trees, hedgerows and shrubs, and also by encouraging the planting of others to enhance the value of greenlinks, they can assist in reducing CO₂ emissions – an increasingly important aspect of local planning.

6.66 At present there are a number of open spaces, both public and private, within the built- up area which are of varying importance in terms of their value to the urban structure. Whilst all are important areas for local recreation, some are of greater significance in the overall urban context.

6.67 The greenlinks therefore consist of open spaces of importance within the urban area overall, open spaces of local importance, and links between them. As regards the latter, it may well be a case of using existing quiet roads or taking opportunities when redevelopment occurs to actually provide a proper link. At present, therefore, not all the greenlinks are fully in place. The greenlinks are shown on the Proposals Map. Where they cross an area of open space and are shown diagrammatically as passing across it, the whole of the open space is to be regarded as part of the greenlink and managed as such.

6.68 The ideal overall width for a greenlink would be 80m. Such a link would consist of a central 12m path verged on each side by a 34m zone consisting initially of a wildflower meadow of 6m and then a scrub and woodland belt of 28m. The central path zone could be available for walking, riding and cycling on segregated tracks (see also Policy L15). Obviously, such an ideal arrangement will not be able to be achieved immediately, and indeed on some occasions the link between areas of open space may be much smaller than this. The Council must also balance the benefits of retaining all existing greenlinks against making the optimum use of urban land. In addition, its management must respect and strengthen existing individual characteristics.

6.69 The idea of greenlinks should be linked to improving existing open spaces for nature conservation and recreational access. Though much has been done by the Borough Council in recent years along these lines, there is surely scope for more. It is also proposed that landscaping on adjacent development complements the appropriate greenlink. A fully developed network of greenlinks will do much to improve the quality of life for local residents.

 

UEA14 The greenlinks shown on the Proposals Map will be safeguarded from development. Greenlinks will be required as part of development proposals where the development lies across the line of or adjoins a proposed greenlink.

6.70 In addition to these larger greenlinks, there are within the urban areas a number of small incidental open spaces. These are sometimes privately owned, sometimes publicly owned, sometimes just large roadside verges with or without landscaping. They make an important contribution to the character of a place. The Borough Council already seeks to protect these features in areas of new development and in established areas through such measures as Tree Preservation Orders, conditions on planning permissions and discussions with landowners.

6.71 Whilst the new Local Plan seeks to make the maximum use of land within the urban area for new development (using so-called “brownfield sites”), it nevertheless needs to avoid the opposite extreme of cramming all development within the urban area and losing any open spaces which contribute to the character and feel of people’s environment.

6.72 It is proposed that the sites would be identified by a survey of Colchester, Tiptree, Stanway, West Mersea and Wivenhoe which would complement the series of Village Appraisals that have currently taken place. Because some of the sites involved will be very small, it may not be possible to mark them on the Proposals Map. It is therefore considered that the sites would be held on a “register” and adopted as SPG. Pending completion of the survey, the Council will deal with proposals that affect such areas on their merits, taking into account all material planning considerations. In the rural areas, Policies H7, L6 and L7 will apply.

 

UEA15 Within the urban areas, all those small incidental areas of open land and important natural features which contribute to the character of existing residential neighbourhoods will be safeguarded.

ADVERTISEMENTS

6.73 The quality of outdoor advertising can have an important effect on the appearance of an area. The policies aim to ensure that advertisements are appropriate for the area in which they are situated and in harmony with the building on which they are placed. When considering outside advertisements, the Council will have regard to the interests of amenity and public safety. Within Conservation Areas, particularly, strict controls are proposed as it is these which are the most attractive of the built-up areas. Similarly, strict controls are proposed in the countryside to protect the rural character of the area.

6.74 When an advertisement benefits from deemed advertisement consent but is considered to be detrimental to visual amenity or public safety, the Council will serve a discontinuance notice requiring its removal.

6.75 Where appropriate the Council will designate Areas of Special Advertisement Control.

Advertisements Within Conservation Areas

Advertisements Outside Conservation Areas

Advertisements on Listed Buildings and Scheduled Ancient Monuments

6.76 Additional controls generally apply to advertisements for display on listed buildings and on the sites of Scheduled Ancient Monuments. This is because almost all advertisements will constitute an “alteration” to the site of the building or monument, and therefore require listed building or scheduled monument consent in addition to any advertisement consent. Special care is essential to ensure that any advertisement displayed on, or close to, a listed building or scheduled monument does not in any way detract from the character or appearance of the building or monument concerned, or compromise its setting.

 

UEA20 In considering applications to display advertisements on, or within the curtilage of, listed buildings or Scheduled Ancient Monuments, consent will not be given where the proposals will: (a) detract from the integrity of the building’s character, appearance or structure; or (b) compromise its wider setting.

AREAS OF SPECIAL CHARACTER

6.77 There are four areas within the Borough which are not of Conservation Area status but nevertheless have a particular character which it is desirable to keep. These are Lexden, Fitzwalter and St Clare Roads, Lexden, as shown on the Proposals Map; Welshwood Park; part of West Mersea; and Stanway Green. The Plan proposes that their special character should be safeguarded.

6.78 In the case of Lexden Road, Fitzwalter Road and St Clare Road, the area’s special character comes from large properties set in large grounds. There is ample space around the buildings and the gardens are extensively treed. Infill by smaller dwellings would detract from this spacious character.

6.79 Welshwood Park is a more modern area developed in two main phases. The earlier phase has the larger and more individually designed properties. Throughout the area, which has an active residents’ association, there are large numbers of trees both within gardens and on grassed areas. The loss of this tree cover would have a seriously detrimental affect on the area and the Council has therefore recently confirmed new Tree Preservation Orders covering it.

6.80 Stanway Green consists of a number of properties of varying styles set around a pleasant green. Part of the dyke system crosses the green and is a Scheduled Ancient Monument. Again, trees make an important contribution to the area’s character.

6.81 The Borough Council has recently reviewed the West Mersea Conservation Area. The conclusion was that the area adjacent contained a number of important trees and interesting dwellings. As it was desirable to retain this character, the Council has placed preservation orders on a significant number of trees and has designated the area in the Local Plan as an Area of Special Character.