CHAPTER 8: HERITAGE AND DESIGN
8.1 Introduction
8.1.1 The built environment is an important factor in determining the quality of life of existing and future residents of the Borough. It is therefore crucial to ensure that all new development incorporates the principles of sustainability and good design. . To achieve this, it is essential that all the various elements which contribute to the quality of the built environment (such as an understanding of the context of the area, ensuring that the character of the proposed development is compatible with its setting, having due regard to the promotion of quality in all landscape and townscape treatments; minimising energy use and waste creation etc) are incorporated into all development proposals.
8.1.2 The value of urban design and its role in the planning system has become increasingly important in the past few years. Central government guidance in the form of PPS1 ‘Delivering Sustainable Development’ emphasises the importance which good design plays in contributing to the built environment, stating that it should be the aim of all those involved in the development process. PPG3 Housing, published in March 2000, also gives increased emphasis to the value of achieving quality design in new residential development in association with the promotion of higher density development. The Crime and Disorder Act 1998 obliges local authorities to take account of community safety in the development of Plans and in decision making. “Designing out Crime” is an important element of good design, intended to make environments safer and enable people using them to feel more secure. The good practice guidance entitled “By Design: Urban Design in The Planning System; Towards Better Practice,” published in June 2000, highlights the need for better urban design and the role of the planning system in achieving it.
8.1.3 There is increasing awareness that the design of buildings and intervening spaces requires an understanding of the context in which the development takes place. Developments of high quality design can promote sustainability, improve the environment, attract business and investment and reinforce civic pride and a sense of place.
8.1.4 There are many components which contribute to the character of the built environment. The preservation and enhancement of our cultural heritage is particularly important within the context of sustainable development, allowing future generations to experience and enjoy the riches and variety of their environment. Broxbourne has a number of old and important buildings and structures whose presence, character and setting are essential parts of our heritage. Their presence enhances the local scene and sustains a sense of local distinctiveness that contributes to our understanding of both the past and the present. Archaeological remains and registered historic parks and gardens fulfil a similar role. The Council will continue to exercise great care in the discharge of its functions in relation to Listed Buildings and Conservation Areas, and to archaeological remains and to historic parks and gardens, recognising the importance of the Borough’s historic heritage. Open spaces, trees, water courses and other natural retained features are also important as providing relief and local identity to the urban environment
8.1.5 High quality design is particularly important as the developed areas of the Borough are likely to continue to be subject to pressures for change because of the recognised need to make the best use of previously developed land in the built up area. These pressures must be handled in such a way as to promote positive benefits and minimise any negative effects on the community. The Council will seek to ensure that change is carefully controlled in order to make the Borough an attractive and appealing place in which to live and work.
8.1.6 Broxbourne, together with most local planning authorities in the South East, faces an enormous challenge during the lifetime of this Plan in maximising the contribution which the existing built up area can properly make to meeting additional housing requirements. Difficult decisions will be required which balance the need for new development against protection of the quality and character of the existing environment, in order not to prejudice the amenity of existing residents and to provide a good environment for future generations. The policies in this chapter are designed to ensure that new developments achieve such a balance and thereby maintain and enhance the character and appearance of the environment.
8.2 Heritage and Design Policies
8.2.1 Government advice concerning heritage and design issues is to be found in a wide range of Planning Policy Guidance notes, as referred to below under the relevant topic heading. In addition to the legal requirements contained within The Town and Country Planning Act 1990, the Council must also have full regard to the requirement of Section 72 of The Planning (Listed Buildings and Conservation Areas) Act 1990 when dealing with development proposals within conservation areas. This requires that special attention be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a conservation area.
8.2.2 As a strategic policy document, the Adopted Hertfordshire Structure Plan Review 1991-2011 is concerned only with the broad thrust of policy towards the urban areas. Several Structure Plan policies provide the framework within which detailed
Local Plan policies concerning the heritage and design issues must lie.
8.2.3 These Structure Plan policies include:
Policy 1: Sustainable Development and Policy 2: Design and Provisions of
Development - state that the design of development will be expected to help
achieve the sustainability aims and objectives of the Plan.
Policy 3: Comprehensive Settlement Appraisals
Policy 4: Town Centres
Policy 6: Settlement Pattern and Urban Concentration
Policy 7: Main Development Strategy
Policy 41: Tree and Hedge Cover
Policy 46: Open Space in Towns
These policies set out a county wide settlement framework and development strategy which is then worked up in greater detail in various chapters of this Local Plan including Chapter 3 Housing, Chapter 4 Employment and Education, and Chapter 7 Leisure and Tourism.
8.2.4 Chapter 1 of this Local Plan sets out the Council’s Sustainable Development Framework. This includes conserving the Borough’s critical capital, which includes its built and archaeological heritage. Policy SUS1 encourages applicants to fully consider the location, design, construction and future use of all development in order that the principles of sustainable development are incorporated within their proposals.
8.2.5 The Community Leisure and Tourism Chapter (chapter 7) sets out a hierarchy of open spaces in the Borough which should be protected and also addresses the issue of ensuring adequate provision of open space within the built up areas. This chapter (chapter 8) deals with the smaller public spaces, trees and hedges which add to the quality of the urban environment and seeks to ensure their protection and enhancement.
8.3 Heritage and Design Objectives
8.3.1 This chapter sets out the Council’s policies and proposals on Heritage and Design issues, which apply throughout the Borough. The Council’s objectives for this chapter are:-
(a) to promote a high standard of development that integrates the principles of best practice which apply to sustainability with good design;
(b) to balance carefully the need for new development against protection of the built environment and of the amenities of existing residents when determining all applications for development within the urban areas of the Borough;
(c) to ensure that the design of new developments respects local distinctiveness and character, whilst helping create vital and viable environments in which to live, work, shop, spend leisure time and invest;
(d) to afford full protection to the historic heritage and to seek enhancement measures wherever possible; and
(e) to protect existing natural landscape features which contribute to the character and amenity of an area;
8.3.2 Policies designed to fulfil these objectives are set out below, grouped into the following sections:-
Section 8.4 Heritage
Section 8.5 Design
Section 8.6 Urban Regeneration
Section 8.7 Landscape and other Natural Features
Section 8.8 Protection of Open Spaces
Section 8.9 Community Safety
Section 8.10 Access for the Disabled
Section 8.11 Telecommunications
8.4 Heritage
8..4.1 It is important that the Local Plan provides a robust policy framework for the protection and enhancement of the Borough's heritage. Included within this section of the Plan, therefore, are policies pertaining to archaeology, historic monuments, statutory listed buildings, Historic parks and gardens and conservation areas. The policies pay full regard to relevant central government guidance as contained in PPG15 Planning and the Historic Environment and PPG16 Archaeology and Planning, and to advice issued by English Heritage, government's statutory advisers on protection of the historic heritage.
8.4.2 Archaeology
There are eight Scheduled Monuments in the Borough which are afforded statutory protection by virtue of The Ancient Monuments and Archaeological Areas Act 1979, and thirty four areas defined as being of Archaeological Significance. In addition to these designated sites there will be other areas within the Borough where archaeological evidence may be present and which both the County and Borough Councils will wish to see carefully examined before any development which is potentially destructive of such evidence is sanctioned. Potential developers are urged to consult the County Sites and Monument Record (maintained by the County Council) at the earliest opportunity in order to establish whether their proposals are likely to affect archaeological remains and for advice on the most appropriate measures to be taken to mitigate any impact. At one time it was considered acceptable for an archaeological investigation to be undertaken once the principle of the grant of planning permission had been agreed and before any actual development commenced. However, and as stated in PPG16, government now advises that, in instances where important archaeological remains are thought to exist, it is reasonable for the local planning authority to request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on a planning application is taken. This evaluation is distinct from a full archaeological excavation which may need to follow.
8.4.3 Hertfordshire County Council is also undertaking a programme of research with support from English Heritage, into the archaeological potential of historic urban areas of the County. This research will provide both planners and developers with a clearer indication as to the likely archaeological implications of proposed development.
8.4.4 The Borough Council therefore proposes three policies to cover circumstances involving archaeological issues.
HD1 EFFECT OF DEVELOPMENT ON NATIONALLY IMPORTANT SITES AND MONUMENTS
PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT WHICH WOULD ADVERSELY EFFECT THE SITE OR SETTING OF NATIONALLY IMPORTANT ARCHAEOLOGICAL REMAINS, WHETHER SCHEDULED OR UNSCHEDULED.
HD2 REQUIREMENTS FOR EVALUATION OF HERITAGE ASSET
APPLICANTS FOR DEVELOPMENT ON, OR ADJACENT TO, SITES OF KNOWN ARCHAEOLOGICAL INTEREST OR SITES BELIEVED TO POSSESS POTENTIAL ARCHAEOLOGICAL SIGNIFICANCE, WILL BE REQUIRED TO SUBMIT THE RESULTS OF AN ARCHAEOLOGICAL FIELD EVALUATION PRIOR TO DETERMINATION OF ANY APPLICATION FOR DEVELOPMENT.
8.4.5 In the event that it is nevertheless considered appropriate to grant planning permission for development on sites which contain archaeological evidence believed not to be of national importance, the Council will seek to ensure that all remains are adequately catalogued and recorded, or removed to an appropriate place for safe keeping, and that suitable measures are taken on site to preserve as much as possible of the remains.
HD3 PRESERVATION OF HERITAGE ASSET
(I) WHERE THE COUNCIL CONSIDERS THAT ARCHAEOLOGICAL SITES OR MONUMENTS OF LOCAL IMPORTANCE AND THEIR SETTINGS ARE LIKELY TO BE AFFECTED BY DEVELOPMENT, PHYSICAL PRESERVATION IN SITU WILL BE THE PREFERRED OPTION. THE DECISION WHETHER TO PRESERVE IN SITU WILL BE MADE ON THE BASIS OF THE INTRINSIC IMPORTANCE OF THE REMAINS AND. THE POSSIBILITY OF PRESERVATION IN SITU THROUGH THE CAREFUL DESIGN, LAYOUT AND SITING OF NEW DEVELOPMENT. WHERE PRESERVATION IN SITU IS NOT MERITED, PLANNING PERMISSION MAY BE SUBJECT TO CONDITIONS AND/OR A LEGAL AGREEMENT REQUIRING THAT PROVISION BE MADE FOR THE INVESTIGATION AND RECORDING OF THE REMAINS AND PUBLICATION OF A REPORT OF FINDINGS PRIOR TO COMMENCEMENT OF THE DEVELOPMENT.
(II) THE COUNCIL WILL:-
(a) SEEK TO SECURE THE APPROPRIATE MANAGEMENT AND PRESENTATION OF ARCHAEOLOGICAL SITES AND THEIR SETTINGS AS PART OF THE GRANT OF PLANNING PERMISSION FOR DEVELOPMENT;
(b) ENSURE DESIGNS FOR DEVELOPMENT IN THE VICINITY OF ARCHAEOLOGICAL REMAINS ARE SYMPATHETIC TO THE SETTING OF THE REMAINS; AND REQUIRE THE DEVELOPER TO ALLOW OBSERVATION OF GROUNDWORKS
(WHERE THE COUNCIL CONSIDERS THAT PHYSICAL PRESERVATION OF ARCHAEOLOGICAL REMAINS IN SITU IS NOT MERITED, TAKING INTO ACCOUNT THE IMPORTANCE OF THE REMAINS AND OTHER MATERIAL CONSIDERATIONS, PLANNING PERMISSION MAY BE SUBJECT TO CONDITIONS AND/OR AGREEMENTS REQUIRING THE DEVELOPER TO SECURE APPROPRIATE PROVISIONS FOR THE INVESTIGATION AND RECORDING OF THE ARCHAEOLOGICAL REMAINS AND THE PUBLICATION OF THE RESULTS. WHERE APPROPRIATE, THE COUNCIL WILL SEEK TO SECURE THE ENHANCED MANAGEMENT AND PRESENTATION OF ARCHAEOLOGICAL SITES AND THEIR SETTINGS. )
(III) ADDITIONALLY THE COUNCIL WILL:
(a) SEEK TO SECURE THE ENHANCEMENT, MANAGEMENT AND
PRESENTATION OF ARCHAEOLOGICAL SITES AND THEIR SETTINGS AS PART OF THE GRANT OF A PLANNING PERMISSION FOR DEVELOPMENT;
(b) ENSURE DESIGNS FOR DEVELOPMENT IN THE VICINITY OF
ARCHAEOLOGICAL REMAINS ARE SYMPATHETIC TO THE SETTING OF REMAINS; AND
(c) REQUIRE THE DEVELOPER TO ALLOW OBSERVATION OF GROUND WORKS.
8.4. 6 Listed Buildings
The 260 buildings and structures in the Borough which are listed as being of historic or architectural interest form an important part of Broxbourne's heritage. Since listed buildings are assets for future generations to experience and enjoy, only in very exceptional circumstances, where all alternatives have been explored, would demolition be allowed (see PPG15 paras 3.15, 3.16-3.19. and section 7 of The Planning (Listed Buildings and Conservation Areas) Act 1990. Furthermore, it is government policy that applicants for listed building consent must provide justification for their proposals to alter or extend a listed building. In the event that the Council considers that demolition in whole or in part is an acceptable way forward, conditions (or a legal agreement) will ensure that no demolition occurs until all the appropriate permissions have been granted for a replacement building and contracts entered into to ensure an early start.
(I) VERY EXCEPTIONAL CIRCUMSTANCES WILL BE REQUIRED TO DEMONSTRATE JUSTIFICATION FOR THE DEMOLITION OF A LISTED BUILDING. APPLICANTS WILL BE REQUIRED TO SUBMIT EVIDENCE JUSTIFYING DEMOLITION HAVING REGARD TO THE FOLLOWING CRITERIA:-
(a) THE IMPORTANCE OF THE BUILDING;
(b) ANY PARTICULAR FEATURES OF THE BUILDING RECORDED IN THE LISTING DESCRIPTION;
(c) THE SETTING OF THE BUILDING AND ITS CONTRIBUTION TO THE LOCAL SCENE;
(d) WHETHER ALL REASONABLE EFFORTS HAVE BEEN MADE TO SUSTAIN EXISTING USES OR FIND VIABLE NEW USES AND THESE HAVE FAILED;
(e) THE CONDITION OF THE BUILDING, THE COST OF REPAIRING AND MAINTAINING IT IN RELATION TO ITS IMPORTANCE AND TO THE VALUE DERIVED FROM ITS CONTINUED USE;
(f) WHETHER PRESERVATION IN SOME FORM OF CHARITABLE O COMMUNITY OWNERSHIP IS NOT POSSIBLE OR SUITABLE; AND
(g) WHETHER REDEVELOPMENT WOULD PRODUCE SUBSTANTIAL BENEFITS FOR THE COMMUNITY WHICH WOULD DECISIVELY OUTWEIGH THE LOSS RESULTING FROM DEMOLITION.
(II) IN THE EVENT THAT TOTAL OR PARTIAL DEMOLITION IS UNAVOIDABLE, THE COUNCIL WILL:-
(a) IMPOSE A CONDITION TO ENSURE THAT DEMOLITION DOES NOT COMMENCE UNTIL A CONTRACT IS IN PLACE WHICH WILL ENSURE EARLY IMPLEMENTATION OF ANY REPLACEMENT DEVELOPMENT FOR WHICH PLANNING PERMISSION HAS ALREADY BEEN GRANTED.
(b) REQUIRE AN ARCHAEOLOGICAL RECORD OF THE BUILDING TO BE MADE PRIOR TO ANY WORKS OF DEMOLITION OF THOSE FEATURES AFFECTED BY THE PROPOSED DEVELOPMENT.
(c) PROSECUTE IN THE EVENT OF UNAUTHORISED DEMOLITION OR ALTERATION OF ANY LISTED BUILDING.
8.4.7 It is particularly important when dealing with applications to alter listed buildings to ensure that the existing structure and features are properly recorded on survey drawings so that it can be readily assessed whether the intrinsic character of the building will be preserved by the proposed development. Internal features such as fire places, moulding, decorative ceilings etc. can make an equally important contribution to the character of a building as does its external appearance.
8.4.8 Whilst the Council is concerned to ensure that high design standards are achieved for all new work throughout Broxbourne, this is particularly important in the case of the Borough's historic buildings since once lost or damaged, they are irreplaceable. Wherever possible, proposals for work to listed buildings should include measures to rectify any previous changes which may have been carried out before the advent of strict controls and which have weakened the character or damaged the fabric of the building.
HD5 ALTERATIONS AND EXTENSIONS TO LISTED BUILDINGS
DEVELOPMENT INVOLVING PROPOSALS TO ALTER OR EXTEND LISTED BUILDINGS WILL ONLY BE PERMITTED WHERE:-
(a) IT WOULD NOT RESULT IN THE DAMAGE OR LOSS OF FEATURES , WHETHER INTERNAL OR EXTERNAL, WHICH CONTRIBUTE TO THE SPECIAL ARCHITECTURAL OR HISTORIC INTEREST OF THE BUILDING; AND
(b) THE CHARACTER AND APPEARANCE AND SETTING OF THE LISTED BUILDING WOULD BE PRESERVED OR ENHANCED.;
8.4.9 It is equally necessary to exercise careful control over new development within the curtilage, or within the vicinity, of a listed building since this may affect the setting of the building which is often as important as the building itself.
HD6 OTHER DEVELOPMENT AFFECTING A LISTED BUILDING AND ITS CURTILAGE.
(I) DEVELOPMENT WITHIN THE CURTILAGE OF A LISTED BUILDING, AND DEVELOPMENT WHICH AFFECTS THE SETTING OF A LISTED BUILDING WILL ONLY BE PERMITTED WHERE:-
(a) THE PROPOSED USE IS APPROPRIATE IN TERMS OF PRESERVING THE CHARACTER AND/OR SETTING OF THE BUILDING AND WILL NOT BE PREJUDICIAL TO OTHER POLICIES OF THIS PLAN;
(b) ANY ASSOCIATED ALTERATIONS TO THE FABRIC OF THE BUILDING HAVE BEEN TAKEN FULLY INTO ACCOUNT AND ACCORD WITH POLICY HD5.
(II) IN THE EVENT OF CONFLICT ARISING BETWEEN A PROPOSED USE AND OTHER POLICIES IN THIS PLAN, DEVELOPMENT WILL ONLY PERMITTED WHERE:-
(a) THE CONTINUATION OF THE EXISTING USE IN ITS PRESENT FORM WOULD NOT SECURE THE LONG TERM FUTURE OF THE BUILDING;
(b) OTHER USES WHICH WOULD NOT GIVE RISE TO A POLICY CONFLICT HAVE BEEN FULLY EXPLORED AND FOUND TO BE UNACCEPTABLE; AND
(c) THE PROPOSED ALTERNATIVE USE IS THE MOST APPROPRIATE HAVING REGARD TO THE ABOVE CONSIDERATIONS.
8.4.10 A change in the use of a listed building brings with it the same inherent risks of damage as physical alterations promoted for their own sake. PPG15 emphasises the importance of investigating the requirements which will arise from compliance with other legislation such as Fire Regulations, which may necessitate internal alterations to doors, stair cases etc., at an early stage in the consideration of development proposals because of the potentially damaging effects on the character of a building. The Council will pay full regard to such issues before any decision is taken about whether or not consent should be granted. In determining applications affecting listed buildings, the Council will be mindful of government advice that the best use for any historic building is usually the use for which the building was originally designed and constructed.
8.4.11 Proposals are not infrequently submitted to the Council for new development within the grounds of a listed building to help fund essential improvements to the listed building. This is commonly referred to as “enabling development”. Recent examples include Wormleybury and Broxbournebury. The Council is mindful of the concern expressed by English Heritage in a policy statement issued in 1999 that all too frequently the effect of any new development may be negative and destroy more than is saved. The Council supports English Heritage in wishing to see a presumption against such development unless the applicant demonstrates that the benefits of the proposed enabling development clearly outweigh any disbenefits to both the historic asset and its setting, and to the prevailing policy context.
(I) THE COUNCIL WILL HAVE REGARD TO THE FOLLOWING CRITERIA IN ASSESSING APPLICATIONS FOR ENABLING DEVELOPMENT ASSOCIATED WITH THE BOROUGH’S HISTORIC HERITAGE:-
(a) THE ENABLING DEVELOPMENT SHOULD NOT DETRACT MATERIALLY FROM THE ARCHAEOLOGICAL, ARCHITECTURAL, OR HISTORIC INTEREST OF THE ASSET OR ITS SETTING ;
(b) THE ENABLING DEVELOPMENT SHOULD NOT BE DETRIMENTAL TO THE VISUAL AMENITY AFFORDED BY THE ASSET WITH PARTICULAR REGARD TO THE CONTRIBUTION MADE TO THE LOCAL CHARACTER AND DISTINCTIVENESS;
(c) WHETHER THE ENABLING DEVELOPMENT WILL SECURE THE LONG TERM FUTURE OF THE HERITAGE ASSET AND, WHERE APPLICABLE, ITS CONTINUED USE FOR A PURPOSE SYMPATHETIC TO THE BUILDING;
(d) WHETHER IT HAS BEEN DEMONSTRATED THAT:-
(i) THE EXTENT OF ENABLING DEVELOPMENT IS THE MINIMUM NECESSARY TO SECURE THE FUTURE OF THE HERITAGE ASSET;
(ii) AN EXHAUSTIVE SEARCH FOR OTHER SOURCES OF FUNDING HAS NOT BEEN SUCCESSFUL;
(iii) WHETHER THE VALUE OR BENEFIT OF THE SURVIVAL OR ENHANCEMENT OF THE HERITAGE ASSET OUTWEIGHS THE LONG TERM COST TO THE COMMUNITY OF PERMITTING THE ENABLING DEVELOPMENT, INCLUDING CONFLICT WITH OTHER POLICIES OF THIS PLAN.
(II) IN THE EVENT THAT THE ABOVE CRITERIA ARE MET AND AN ENABLING DEVELOPMENT IS CONSIDERED TO BE THE ONLY VIABLE SOLUTION, THE COUNCIL WILL REQUIRE COMPLETION OF A PLANNING OBLIGATION TO SECURE FULFILMENT OF THE HERITAGE OBJECTIVE WITH ALL WORK ON THE HERITAGE ASSET TO BE UNDERTAKEN TO AN AGREED STANDARD AND TIMETABLE.
8.4.12 Occasionally listed buildings are allowed by their owners to fall into disrepair. Statutory powers are available to the Council both to carry out emergency repairs itself and to reclaim the cost through a Land Charge, and/or require the owner to undertake appropriate emergency measures to ensure that the building is secured against the elements. The Council will not hesitate to take any action necessary to secure the Borough's historic heritage for future generations.
THE COUNCIL WILL MONITOR THE CONDITION OF BUILDINGS IT CONSIDERS TO BE AT RISK OF FALLING INTO DISREPAIR OR DERELICTION AND, WHERE APPROPRIATE, WILL USE ITS STATUTORY POWERS TO ENSURE THAT ESSENTIAL REPAIRS ARE UNDERTAKEN WITHIN AN AGREED TIME FRAME.
Parks and Gardens of Special Historic Interest.
8.4.13 English Heritage maintains a register of parks and gardens throughout the country, the main purpose of which is to draw attention to the best historic parks and gardens which form an important part of the cultural heritage of England. There is currently one such site in the Borough, at Wormleybury. Wormleybury comprises a 57ha landscaped park surrounding a country house which developed from an earlier formal scheme in the 1770's and the remnants of an early nineteenth century garden famed for its international plant collection. Whilst inclusion on the register does not confer any form of legal protection, the Council will nevertheless seek to ensure that the special interest of this parkland (and of any others which may from time to time be added to the register) is maintained and, if necessary, restored
HD9 PARKS AND GARDENS OF HISTORIC INTEREST
PLANNING PERMISSION WILL NOT NORMALLY BE GRANTED FOR DEVELOPMENT WHICH WOULD HAVE AN ADVERSE EFFECT ON THE CHARACTER AND SETTING OF AN HISTORIC PARK OR GARDEN. THE COUNCIL WILL ENCOURAGE RETENTION AND, WHERE APPROPRIATE, RESTORATION OF ANY HISTORIC PARK OR GARDEN WITHIN THE BOROUGH.
8.4.14 Conservation Areas
There are six Conservation Areas currently designated in the Borough - Hoddesdon Town Centre, Broxbourne, New River, Wentworth Cottages, Wormley and Churchgate. Each has its own distinctive character. The Council has produced information leaflets which summarise the main features of the character and appearance of the conservation areas.
(1) Hoddesdon Conservation Area is focused on the town centre, with many former coaching inns, now in commercial use, which act as a reminder of the settlement's medieval origins as a market town about a day's travelling distance from the city of London, and the importance of the A1170 as a north-south route.
(2) Broxbourne once formed part of the extensive Broxbournebury Estate which centred on Broxbournebury. The conservation area is dominated by the attractive open spaces associated with Churchfields and the parish church of St Augustine, and the nearby Victorian villas of St Catherine's Road which were developed as a residential area for commuters using the new Great Eastern railway line which was constructed in 1840 "to form a communication between London and Cambridge".
(3) The New River is neither a natural river nor new having been constructed c1608-1613 to provide water for the City of London. It passes through all six of the Borough's Conservation Areas and has considerable ecological interest as well as providing a rich source of industrial archaeology. The Conservation Area which takes its name from the New River is primarily residential in character and includes the New River Bridge, probably built in the 1840's when the New River was widened.
(4) Wentworth Cottages is the smallest of the six Conservation Areas and affords protection to this group of cottages which were built in 1910-1911 to house agricultural workers employed on the nearby Broxbournebury estate.
(5) Wormley almost retains the feel of a village with its triangular core in the vicinity of The Square known once to have been a village green with a pond, stocks, a maypole and a pound for stray animals. Buildings display a domestic scale and are tightly knit.
(6) Finally, Churchgate is a pleasant mix of old buildings, including the former Anglican theological college known as Bishops' College, and the landscaped grounds of Whit Hern Park.
8.4.15 In accordance with Section 72 of The Planning (Listed Buildings and Conservation Areas) Act 1990, the Council will pay special attention to the desirability of preserving or enhancing the character and appearance of the Borough's six Conservation Areas when assessing all proposals for development which affect these areas. There may be instances where the principle of development may be unacceptable if it would damage important natural features such as trees or an open space which forms an intrinsic part of the character of the area; or if it would result in the loss of a particular use which makes an important contribution to the character and vitality of the area. Where development is acceptable, high standards of design and detailing will be required.
HD10 NEW BUILDING AND CHANGES OF USE OF EXISTING BUILDINGS IN CONSERVATION AREAS.
(I) THE COUNCIL WILL PAY SPECIAL ATTENTION TO THE DESIRABILITY OF PRESERVING OR ENHANCING THE CHARACTER (AND) OR APPEARANCE OF THE CONSERVATION AREA WHEN ASSESSING PROPOSALS FOR DEVELOPMENT. THIS WILL BE THE PRIMARY DETERMINING ISSUE IRRESPECTIVE OF WHETHER THE COUNCIL’S OTHER DEVELOPMENT STANDARDS ARE MET.
(II) NEW DEVELOPMENT SHOULD BE OF A HIGH QUALITY DESIGN, BASED ON AN UNDERSTANDING OF THE LOCAL CHARACTERISTICS AND CONTEXT OF THE SURROUNDING AREA. PARTICULAR CONSIDERATION WILL BE GIVEN TO THE SCALE, FORM, MASSING, HEIGHT AND THE USE OF TRADITIONAL MATERIALS IN ITS DESIGN.
(III) DEVELOPMENT OF SITES WHERE THEIR OPENNESS FORMS AN ESSENTIAL FEATURE OF THE CONSERVATION AREA.
(IV) THE COUNCIL WILL RESIST THE CHANGE OF USE OF PREMISES WHERE A USE IS CONSIDERED IMPORTANT TO THE CHARACTER AND VITALITY OF THE CONSERVATION AREA. PLANNING PERMISSION WILL BE REFUSED FOR THE INTRODUCTION OF NEW USES CONSIDERED DETRIMENTAL TO THAT CHARACTER.
8.4.16 Having regard to the above, there will be a presumption against the demolition of buildings within Conservation Areas. Exceptions may be favourably considered where the character and appearance of the area would benefit by removal of a particular eyesore. The importance of any particular building, in terms of the qualities, character and appearance of the conservation area will be assessed with particular regard to the following factors, based upon advice provided by English Heritage:
• the age, style, architecture, and materials of the building;
• its relationship with any nearby listed buildings;
• whether it contributes as part of a group;
• whether it has significant historical associations with established townscape features; and
• whether it has significant historical associations with local people or past events.
HD11 DEMOLITION WITHIN CONSERVATION AREAS
WITHIN CONSERVATION AREAS THERE WILL BE A PRESUMPTION AGAINST THE DEMOLITION OF BUILDINGS WHICH MAKE A POSITIVE CONTRIBUTION TO THE CHARACTER AND APPEARANCE OF THE AREA. THE COUNCIL WILL BASE ITS ASSESSMENT OF THE CONTRIBUTION WHICH A PARTICULAR BUILDING MAKES TO THE CONSERVATION AREA IN WHICH IT IS SITUATED ON THE CRITERIA INCLUDED IN THE CONSERVATION AREA PRACTICE GUIDE ISSUED BY ENGLISH HERITAGE. THE COUNCIL WILL ONLY PERMIT DEMOLITION:-
(a) WHERE IT IS SATISFIED THAT ANY ADVERSE EFFECTS ON THE CHARACTER AND APPEARANCE OF THE CONSERVATION AREA WOULD BE OUTWEIGHED BY ENHANCEMENTS TO THE AREA WHICH WOULD ARISE FROM THE PROPOSAL;
(b) WHEN THE BUILDING IS NOT ECONOMICALLY OR PHYSICALLY CAPABLE OF BENEFICIAL RE-USE: AND
(c) WHEN APPLICATIONS FOR PLANNING PERMISSION AND CONSERVATION AREA CONSENT HAVE BEEN GRANTED AND A CONTRACT ENTERED INTO FOR REDEVELOPMENT OF THE SITE.
8.4.17 The relationship between buildings and open spaces within a Conservation Area is as important as the buildings themselves in contributing to the overall character. Accordingly, it is important that all applications for development within such areas include drawings which demonstrate the inter relationship of the development site with its neighbours. Hence applications for development within a conservation area will be expected to include scaled drawings sufficiently detailed to allow a proper assessment to be made of the compatibility of the proposed development with the surrounding conservation area. Full details of the proposed materials of construction should also be supplied.
8.4.18 The extent of the control which can be exercised over buildings is not as extensive in Conservation Areas as with listed buildings, although it is greater than in areas without such designation. However, in circumstances where the Council considers that more control is warranted in order to avoid damage to the appearance of the area, it will remove specific "permitted development rights" by means of an Article 4 Direction.
However, it is equally important to protect the setting of these areas by ensuring that similar high standards are applied to development proposals on land adjoining, or visually related to, Conservation Areas.
HD12 DEVELOPMENT ADJOINING, OR VISUALLY RELATED TO, CONSERVATION AREAS
DEVELOPMENT WHICH ADJOINS A CONSERVATION AREA, OR WOULD HAVE AN IMPACT ON A CONSERVATION AREA, WILL ONLY BE PERMITTED IF IT WOULD NOT ADVERSELY AFFECT THE SETTING OF THAT CONSERVATION AREA.
8.5 Design
8.5.1 The environmental quality of both the Borough’s built up areas and its countryside are important factors in the quality of life of residents and of those working in Broxbourne. The Council is determined to protect and, wherever possible, enhance the quality of the environment in accordance with the principles of good design. High quality design can help promote sustainability, attract business and investment and reinforce civic pride and a sense of place. It should also be a vital ingredient of all proposals for regeneration since without good design it is unlikely to be possible to fulfil central government’s agenda for making better use of previously developed land and increasing development densities.
8.5.2 The Council has accordingly adopted a design-led approach to development with its design principles embodied in policies HD13 to HD16, augmented by Borough-wide SPG and by Planning Briefs for particular sites.
THE COUNCIL EXPECTS ALL NEW DEVELOPMENT TO INCORPORATE A HIGH QUALITY OF DESIGN BASED ON THE FOLLOWING PRINCIPLES:-
(I) RECOGNITION OF THE NEED TO PAY CAREFUL ATTENTION TO THE RELATIONSHIP BETWEEN BUILDINGS AND OPEN SPACES IN ORDER TO ENSURE CONTINUITY IN THE STREET SCENE AND TO PROVIDE DEFINITION FOR PUBLIC AND PRIVATE AREAS;
(II) PROMOTING LEGIBILITY BY ENSURING THAT PLACES CONNECT WITH ONE ANOTHER AND ARE EASY TO MOVE THROUGH;
(III) PROVIDING PUBLIC SPACES AND ROUTES THAT ARE ATTRACTIVE AND SAFE TO USE BY ALL MEMBERS OF SOCIETY INCLUDING THE DISABLED AND ELDERLY;
(IV) TAKING INTO ACCOUNT THE IMPACT OF A DEVELOPMENT ON EXISTING AND PROPOSED MOVEMENT PATTERNS AND MAKING PROVISION FOR PEDESTRIANS, CYCLISTS AND PASSENGER TRANSPORT AS WELL AS PRIVATE MOTORISED VEHICLES;
(V) CREATING PLACES THAT ARE ADAPTABLE TO CHANGE; AND
PROMOTING DIVERSITY AND CHOICE THROUGH THE INCORPORATION OF A BALANCED DEVELOPMENT MIX TO CREATE VIABLE PLACES RESPONSIVE TO LOCAL NEEDS.
8.5.3 New development cannot be viewed in isolation from its surroundings. An understanding of the context (that is, the character and setting of the area in which the development will be located) is crucial and should be the starting point for the creation of distinctive and attractive places. Good design should reinforce the positive features of a locality (such as its townscape quality, its history, landscape, building traditions and materials, open spaces, bodies of water etc) whilst seeking to ameliorate negative influences. In this regard, the Borough’s heritage of old and important buildings is particularly important in contributing to a sense of local distinctiveness.
8.5.4 Applicants for planning permission should be able to demonstrate how they have taken account of the need for good design in their development proposals and that they have had regard to relevant development plan policies and Supplementary Design Guidance. This should be done in a manner appropriate to the nature and scale of their proposals. PPG1 Annex A states that applicants for planning permission should, as a minimum, provide a short written statement setting out the design principles adopted as well as illustrative material in plan and elevation. This material should show the wider context and not just the development site and its immediately adjacent buildings.
8.5.5 Under Policy SUS1 Sustainable Development Principles, applicants for developments of 10 dwellings or more or 500 sqm gross floorspace or more are required to submit a statement of intent to demonstrate how sustainability principles and design principles have been incorporated into the location, design, construction and future use of their proposals. Within these statements of intent, applicants are expected to explain how the proposal incorporates the design principles set out in Policy HD13. In particular, applicants should explain how their proposals respond to the character and local distinctiveness of the area
HD14 DESIGN STATEMENT ON LOCAL CHARACTER
THE COUNCIL EXPECTS APPLICANTS FOR PLANNING PERMISSION TO DEMONSTRATE HOW THEIR DEVELOPMENT PROPOSAL REFLECTS AND RELATES TO LOCAL CHARACTERISTICS AND THE CONTEXT OF THE SURROUNDING AREA. DEVELOPMENT PROPOSALS SHOULD AS A MINIMUM MAINTAIN, AND, WHERE POSSIBLE, ENHANCE OR IMPROVE THE EXISTING CHARACTER OF THE AREA.
8.6 Urban Regeneration
8.6.1 The quality of the built environment in our towns and cities has a crucial impact on the way they function. Well-designed buildings, streets, neighbourhoods and districts are essential for successful social, economic and environmental regeneration. The Urban Task Force Report “Towards an Urban Renaissance” identifies the crucial role of design and states that new urban developments, on brownfield or green field land, must be designed to much higher standards if they are to attract people back into our towns and cities. Land must be used efficiently, local traditions respected and negative environmental impacts kept to a minimum. Priority should be given to high architectural standards and to the design of public spaces between buildings where people meet and move about. Quality of design is not just about creating new developments. It is also about how we make the best of our existing urban environments, from historic urban cores to low density suburbs.
8.6.2 If the wider potential benefits of urban renaissance are to be achieved, it will be particularly important that areas are redeveloped on a comprehensive basis and that town cramming is prevented. With this in mind, the Council wishes to ensure that development proposals extend up to the boundaries of a site and are designed in such a way as to facilitate any development/redevelopment opportunities on adjacent land. The creation of ransom strips should be avoided. The Council will also continue to prepare site specific Planning Briefs for the larger sites which come forward for redevelopment to guide the approach which applicants are recommended to take to ensure compliance with these objectives. Site specific Planning Briefs will be subject to public consultation, following which they will form a material consideration in the determination of planning and other applications. Applicants are also advised to have regard to the advice contained within Borough- wide Supplementary Planning Guidance. The Council will also support opportunities to regenerate town and local centres through a conservation-led approach.
HD15 COMPREHENSIVE APPROACH TO URBAN REGENERATION
WHERE APPROPRIATE, THE COUNCIL WILL REQUIRE THE ADOPTION OF A COMPREHENSIVE APPROACH TO ALL OPPORTUNITIES FOR INFILLING WITHIN THE URBAN AREA IN ORDER TO ENSURE THAT THE OBJECTIVES OF URBAN REGENERATION ARE MET AND THAT WIDER DEVELOPMENT OPPORTUNITIES ARE NOT PREJUDICED.
HD16 PREVENTION OF TOWN CRAMMING
IN CONSIDERING PROPOSALS FOR THE DEVELOPMENT OR REDEVELOPMENT OF SITES WITHIN THE EXISTING URBAN AREA, THE COUNCIL WILL EXPECT SUCH PROPOSALS TO: -
(a) RESPECT THE SCALE, MASSING, DENSITY, HEIGHT AND CHARACTER OF NEARBY BUILDINGS AND ACHIEVE A HIGH STANDARD OF DESIGN;
(b) RETAIN AND ENHANCE EXISTING NATURAL FEATURES INCLUDING LANDSCAPING AND ALLOW FOR THE INCORPORATION OF NEW PLANTING;
(c) ENSURE THAT THE BUILT FORM AND ACTIVITY WITHIN THE AREA IS NOT UNACCEPTABLY INTENSIFIED;
(d) RELATE THE LAYOUT AND ACCESS TO THE NEW DEVELOPMENT TO NEIGHBOURING BUILDINGS AND THE LOCAL AREA MORE GENERALLY; AND
(e) ENSURE THAT THE DEVELOPMENT WOULD NOT MATERIALLY HARM THE AMENITIES OF EXISTING RESIDENTS.
8.7 Landscape and other natural features
8.7.1 Because built form dominates much of the Borough's environment, it is particularly important that all remaining natural features - be they trees, established hedgerows, water courses, or natural habitats etc. - are not only identified and retained but also enhanced in order to progressively improve the appearance and strengthen the landscape character of the Borough. The Council has only limited financial resources to undertake enhancement work itself and hence it will use its best endeavours (usually by means of conditions imposed on planning permissions or exceptionally through planning obligations) to ensure that proposals for development first of all identify and retain existing important natural features and secondly, incorporate proposals to provide replacement or new indigenous planting or other enhancement measures on land either within the applicant's control or nearby within the control of the Council. The Council will continue to protect trees, hedgerows and woodlands by making appropriate orders where they contribute significantly to the character and appearance of an area, having regard particularly to those identified as being at risk.
8.7.2 There may nevertheless be occasions where some loss of existing landscape features and planting is warranted having regard to the wider benefits emanating from a development proposal. In identifying features for retention, the Council will have regard to the British Standards in respect of trees; criteria in The Hedgerow Regulations for identifying important hedgerows; and the process of Landscape Character Assessment as described in Best Practice Guidance produced by The Countryside Agency at area level in respect of landscape features.
HD17 RETENTION/ENHANCEMENT OF LANDSCAPE FEATURES
(I) THE COUNCIL WILL EXPECT ALL DEVELOPMENT PROPOSALS TO RESPECT EXISTING NATURAL OR BUILT FEATURES WHICH CONTRIBUTE POSITIVELY TO THE CHARACTER OR APPEARANCE OF THE AREA AND WILL SEEK TO INCORPORATE PROPOSALS FOR NEW OR ENHANCED LANDSCAPING, INCLUDING APPROPRIATE MEASURES FOR THE MAINTENANCE OF ALL NEW LANDSCAPING, IN ALL DEVELOPMENT SCHEMES.
(II) PLANNING PERMISSION MAY BE REFUSED FOR PROPOSALS WHICH WOULD RESULT IN THE LOSS OF IMPORTANT LANDSCAPE FEATURES, WATER COURSES OR NATURAL HABITATS.
HD18 TREES, HEDGEROWS, AND WOODLANDS
(I) BEFORE THE COUNCIL WILL GRANT CONSENT FOR FELLING, TOPPING OR LOPPING OF PROTECTED TREES OR REMOVAL OF PROTECTED HEDGEROWS, IT WILL BE NECESSARY TO DEMONSTRATE THAT: -
(a) THE TREE(S) OR HEDGEROW(S) IS/ARE DISEASED AND IN NEED OF WORK ON PUBLIC SAFETY AND/OR ENVIRONMENTAL GROUNDS; AND/OR
(b) REMOVAL OF THE TREE(S) OR HEDGEROWS(S) IS ESSENTIAL FOR THE PROPER DEVELOPMENT OF A SITE.
(II) WHEN CONSENT IS GRANTED FOR THE REMOVAL OF PROTECTED TREE(S) OR HEDGEROW(S) IT WILL BE ACCOMPANIED BY A REQUIREMENT TO UNDERTAKE REPLACEMENT PLANTING. REPLACEMENT PLANTING SHOULD BE OF AN EQUIVALENT BIOMASS, IN A SUITABLE LOCATION, AND IN SYMPATHY WITH LOCAL LANDSCAPE CHARACTER (AS ASSESSED VIA A PROCESS OF LANDSCAPE CHARACTER ASSESSMENT.)
(III) ANY WORKS WHICH ARE AUTHORISED OR REQUIRED BY THE COUNCIL TO PROTECT OR REPLACE TREES OR HEDGEROW(S) SHOULD BE UNDERTAKEN IN ACCORDANCE WITH GOOD ARBORICULTURAL PRACTICE.
8.7.3 The New River Green Chain is an important visual amenity that passes through the Borough, entering in the north approximately parallel and close to the River Lee, then moving away from the river as it passes through the middle and southern parts of Broxbourne before passing out of the Borough through the grounds of Theobalds Park and continuing on through Enfield and other London Boroughs. It is an entirely man made feature, dating from the early seventeenth century when it was constructed to carry fresh water from Hertfordshire to the City of London. It is important that its openness is preserved so that it can continue to make a valuable contribution to the character of those parts of the Borough through which it passes and provide a continuous green link with adjoining administrative areas. Public rights of way already run along part of the route of the New River. The Council has supported the provision of a continuous footpath link throughout its length and in association with Thames Water plc and other riparian land owners, will continue to promote nature conservation measures and other environmental improvements to The New River corridor within the Borough. The Council will seek to ensure that the essentially open character, amenity and wildlife value of all waterside 'green chains' throughout the Borough is protected
(I) PLANNING PERMISSION WILL NOT BE GRANTED FOR DEVELOPMENT PROPOSALS WHICH WOULD HAVE A MATERIALLY DETRIMENTAL EFFECT UPON THE OPEN CHARACTER OF WATERSIDE GREEN CHAINS WHETHER LOCATED WITHIN THE URBAN AREA OR THE COUNTRYSIDE.
(II) THE COUNCIL WILL PERMIT, IN CONJUNCTION WITH THAMES WATER PLC AND RIPARIAN LAND OWNERS, DEVELOPMENT PROPOSALS THAT MAKE A POSITIVE CONTRIBUTION TO ENHANCING THE BIODIVERSITY, WILDLIFE AND AMENITY VALUE OF WATERSIDE GREEN CHAINS THROUGHOUT THE BOROUGH AND WILL SEEK TO ENSURE THAT APPROPRIATE REMEDIAL MEASURES ARE INCORPORATED INTO ANY DEVELOPMENT PROPOSALS PROXIMATE TO THESE CHAINS
8.7.4 The River Lee is the other major water course in Broxbourne and together with its associated lakes, has a dominant influence on the character and appearance of the eastern side of the Borough. It has many minor tributaries such as Woollens Brook in the north and Rags Brook in West Cheshunt, and Wormleybury and Turnford Brooks in the Wormley and Turnford area, all of which are important water courses which have the potential to provide east-west ecological links across the Borough as well as providing visual and amenity assets. The Council will seek to promote, through consultation with the Environment Agency and other relevant organisations, the effective management of the river corridors of the Lee and its tributaries and the New River, as important areas for water resources, biodiversity and recreation. Initiatives to protect and enhance the river environment for biodiversity (including proposals for deculverting and naturalisation of the river channel) will be supported throughout Broxbourne.
8.7.5 Since culverting will always be detrimental to the ecology of a water course, diversion or culverting will generally be resisted. This approach is in line with the policy of the Environment Agency whose consent is required for culverting.
HD20 WATER COURSES IN URBAN AREAS
PERMISSION WILL ONLY BE GRANTED FOR THE CULVERTING OR DIVERSION OF A WATER COURSE(S) WHERE THERE IS NO REASONABLE PRACTICAL ALTERNATIVE; OR THE DETRIMENTAL EFFECTS OF CULVERTING ARE SO MINOR THAT A MORE COSTLY ALTERNATIVE APPROACH IS NOT JUSTIFIED.
8.8 Protection of open spaces
8.8.1 The Leisure and Tourism Chapter deals with the protection and development of the larger open spaces, parks, recreation grounds etc. which are included in the Borough's hierarchy of open spaces as set out therein. However, there remain many smaller open areas within all parts of the Borough's urban areas which both individually and cumulatively may contribute to the quality of the immediate environment. In some instances their retention is vital to the maintenance of an attractive environment. In other cases little contribution is being made to visual amenity. Generally, however, the importance of these areas derives from their undeveloped state which may provide visual relief from an otherwise harsher built form. In the main, therefore, such spaces need to be retained and their openness protected. However, it is recognised that there may be occasions when development of a currently open area could make a worthwhile contribution to housing or other needs without prejudicing the overall quality and character of an area. This approach is reflected in policy HD21.
HD21 PROTECTION OF OPEN SPACES NOT INCLUDED WITHIN THE HIERARCHY OF OPEN SPACE
DEVELOPMENT OF OPEN LAND WITHIN THE BUILT ENVIRONMENT (WHERE NOT SPECIFICALLY PROVIDED FOR ELSEWHERE IN THIS PLAN) WILL BE RESISTED WHERE THE LAND IN ITS UNDEVELOPED STATE CONTRIBUTES TO THE VISUAL AMENITY AND CHARACTER OF THE AREA BY: -
(a) PROVIDING AN IMPORTANT VISUAL BREAK WITHIN THE BUILT UP AREA; OR
(b) BEING PART OF A CHAIN OF OPEN AREAS THROUGHOUT THE BUILT UP AREA; OR
(c) SUPPORTING IMPORTANT SEMI-NATURAL HABITATS OR OTHER FEATURES OF WILDLIFE VALUE.
8.9 Community Safety
8.9.1 The Crime and Disorder Act 1998 states that local authorities should take account of the community safety dimension in all of their work. All policies, strategies, plans and budgets need to be considered from the standpoint of their potential contribution to the reduction of crime and disorder. The Council has produced its second Community Safety Strategy which aims to reduce the levels of crime and anti social behaviour, and reduce the fear of crime in Broxbourne. The Strategy covers the period between 2005 and 2008 and will be implemented by the Crime and Disorder Reduction Partnership. In terms of planning, the Borough Council is committed to the concept of "Secured by Design" which seeks to eliminate opportunities for crime by incorporating crime prevention measures from the outset, subject to compliance with other design policies of the Plan. Promoters of new developments are encouraged to contact Hertfordshire Constabulary's Crime Prevention Officer at Police Headquarters in Welwyn Garden City at an early stage in the design process for advice on the incorporation of crime prevention measures into their layouts. Supplementary Planning Guidance also provides more information on designing out crime. Crime prevention measures can also be applied to existing developments, and the Council is particularly keen to use the planning process to encourage measures to reduce the potential for the occurrence of crimes which the audit undertaken in accordance with The Crime and Disorder Act 1998 indicated as being related to the quality of the built environment. Further information is available in the Community Safety Strategy 2005- 2008. The Council will support the introduction of crime prevention measures into existing development provided that such measures would not have an adverse effect upon the character and appearance of the area.
(I) WHERE APPROPRIATE THE COUNCIL WILL EXPECT ALL PROPOSALS FOR NEW DEVELOPMENT TO INCORPORATE CRIME PREVENTION MEASURES THROUGH THEIR DESIGN, LAYOUT AND LANDSCAPING. DEVELOPMENT SHOULD BE DESIGNED TO REDUCE THE OPPORTUNITY FOR CRIME AND/OR ANTISOCIAL BEHAVIOUR BY ALLOWING FOR THE SURVEILLANCE OF STREETS, FOOTPATHS, CHILDREN’S PLAY SPACES AND OTHER COMMUNAL AREAS AND BY THE CREATION OF AREAS OF DEFENSIBLE SPACE.
8.10 Access for the disabled
8.10.1 Ensuring that proper provision is made for people with disabilities to be able to access all buildings to which the general public has access by provision of ramps, chair lifts etc. is a function of Building Regulations. Nevertheless, it is important that all those promoting development consider the requirements of the disabled at the beginning of the design process to avoid having to contrive an otherwise acceptable design to accommodate any such requirements.
THE COUNCIL WILL EXPECT ALL DEVELOPMENTS WHICH WILL BE ACCESSIBLE TO THE GENERAL PUBLIC TO SHOW THAT MEASURES TO MEET THE REASONABLE REQUIREMENTS OF THE DISABLED HAVE BEEN CONSIDERED THROUGHOUT THE PLANNING PROCESS.
8.11 Telecommunications
8.11.1 Technological advances have dramatically increased the demand for all forms of telecommunications apparatus and equipment. This trend will doubtless continue throughout the lifetime of this Plan. Telecommunications apparatus includes masts, aerials, radio antennae, satellite dishes and development for cable television.
8.11.2 The Borough Council acknowledges the legal obligations of telecommunications operators as set out in the Telecommunications Act 1984, and the requirements of government policy, as set out in PPG8, to facilitate the growth of new and existing telecommunications systems whilst keeping the environmental impact to a minimum and protecting public health. A balance needs to be struck between the wider benefits of telecommunications development – allowing people the flexibility to work, shop, gain access to information and services without leaving their homes -and the potential harm they can cause to the environment, particularly in terms of visual amenity.
8.11.3 It is essential to ensure that telecommunications development does not harm the quality and appearance of the environment. PPG8 states that telecommunication developments within a green belt are unlikely to be appropriate unless openness is maintained. In built up areas, the siting and external appearance of apparatus should be sympathetically designed using camouflaging materials and colouring, to minimise the impact of such apparatus on amenity. In particular, there is a need to protect the best and most sensitive environments within the Borough – conservation areas, listed buildings and their setting, and the Wormleybury Park of Special Historic Interest.
8.11.4 The growth in the use of mobile phones has led to increasing public concerns about the health implications of the masts etc which service them. This is a material consideration in determining applications for planning permission and prior approval. The Stewart Report, published in May 2000, concluded that it was not possible to state categorically that there were no risk to health from the radiation that these installations produced and that further research was required. Until further research clarifies the position, a precautionary approach will be taken to dealing with mobile phone technology. The government view is that emissions should be required to fall within the ICNIRP (International Commission on Non-ionising Radiation Protection) guidelines and accord with the advice contained in PPG8 on locations next to sensitive sites, for example, schools.
8.11.5 Broxbourne Council supports joint working with telecommunications operators to enable the requirements of telecommunications networks and routing and phasing of network development to be taken into account to ensure the efficient operation of the network, whilst keeping the numbers of radio and telecommunications masts, and the sites for such installations, to the minimum. Opportunities exist for the sharing of masts and sites and for the use of existing buildings and other structures, such as electricity pylons or lamp posts, to site new antennae, for the design of such masts to imitate other features like trees (including dead trees), and for the re-use of the existing analogue sites for new second and third generation base station sites. The Council will expect applicants for new masts to show evidence that these options have been fully explored, and to provide evidence of any technical constraints on the location of proposed development. Applicants should also provide evidence regarding the need for the proposed development and the significance of the proposed development as part of a national network in order that the Council can assess their proposals. The Council encourages telecommunications operators to enter into early dialogue, including pre-application discussions, on development proposals.
8.11.6 The Council’s policy HD24 on Telecommunications, deals both with those proposals which require planning permission such as ground based masts over 15 metres in height as well as ground based masts up to and including 15 metres in height which require only an application for Prior Approval. Under the latter, the Council is allowed to consider only the siting and appearance of the proposed development.
(I) PROPOSALS FOR NEW TELECOMMUNICATIONS APPARATUS WILL BE ASSESSED WITH REGARD TO THE FOLLOWING:-
(a) WHETHER THE APPLICANT HAS DEMONSTRATED THE NEED FOR THE PROPOSED DEVELOPMENT INCLUDING ITS SIGNIFICANCE AS PART OF A NATIONAL NETWORK;
(b) WHETHER THE APPLICANT HAS DEMONSTRATED THAT THE FEASIBILITY OF SHARING TELECOMMUNICATIONS APPARATUS OR UTILISING OTHER BUILDINGS OR STRUCTURES HAS BEEN FULLY INVESTIGATED.
(c) WHETHER THE APPLICANT HAS CONSIDERED PROVIDING SUFFICIENT CAPACITY TO ALLOW SHARING SUBJECT TO ANY TECHNICAL OR ENVIRONMENTAL CONSTRAINTS; AND
(d) WHETHER THE APPLICANT HAS DEMONSTRATED THAT THE LEVEL OF EMISSIONS LIKELY TO BE GENERATED BY THE INSTALLATION FALLS WITHIN THE ICNIRP (INTERNATIONAL COMMISSION ON NON-IONISING RADIATION PROTECTION) GUIDELINES AND PPG8 ADVICE RELATING TO EMISSIONS NEAR SCHOOL GROUNDS AND BUILDINGS.
(II) THE COUNCIL WILL ASSESS THE IMPACT OF THE PROPOSED DEVELOPMENT, INCLUDING ANY ASSOCIATED INFRASTRUCTURE, ON THE AMENITY OF THE AREA HAVING REGARD TO THE FOLLOWING:
(a) THE EXTENT TO WHICH THE DESIGN REFLECTS THE PARTICULAR SITE AND TAKES INTO ACCOUNT THE CHARACTER OF THE AREA;
(b) THE USE OF APPROPRIATE MATERIALS, COLOUR AND DESIGN TO MINIMISE OBTRUSIVENESS;
(c) THE IMITATION OF EXISTING BUILT OR NATURAL FEATURES IN THE DESIGN, eg. IMITATION OF TREES OR DEAD TREES;
(d) WHETHER APPROPRIATE LANDSCAPING AND SCREENING ARE PROPOSED;
(e) WHETHER THE APPARATUS BY ITS SITING AND APPEARANCE WOULD HAVE A SIGNIFICANTLY DETRIMENTAL EFFECT ON THE LOCALITY; AND
(f) WHETHER THE APPARATUS WOULD HAVE A SIGNIFICANT DETRIMENTAL EFFECT ON RESIDENTIAL AMENITY, AND IN PARTICULAR HARM THE CHARACTER AND APPEARANCE OF A CONSERVATION AREA AND CHARACTER OR SETTING OF A LISTED BUILDING.
(III) WHERE TELECOMMUNICATIONS APPARATUS IS PROPOSED TO BE LOCATED WITHIN THE METROPOLITAN GREEN BELT, IT MUST BE DEMONSTRATED THAT ALL POTENTIAL ALTERNATIVE NON GREEN BELT LOCATIONS HAVE BEEN FULLY EXPLORED AND THE IMPACT OF THE INSTALLATION UPON THE OPENNESS OF THE GREEN BELT HAS BEEN MINIMISED.
(IV) THE COUNCIL WILL IMPOSE CONDITIONS ON ANY PERMISSIONS GRANTED TO ENSURE THAT ANY TELECOMMUNICATIONS APPARATUS, STRUCTURES OR BUILDINGS ARE REMOVED WHEN OBSOLETE AND THE SITE RE-INSTATED TO ITS SATISFACTION.