THE BUILT AND NATURAL ENVIRONMENT 

3.1 Introduction

3.1.1 People attach considerable importance to the quality of their surroundings and the prosperity of an area can be influenced to a considerable degree by its image. The image of Medway is important not only to existing residents, but it is also a significant factor in attracting business and tourism and so boosting the local economy and employment prospects. Visitors and residents alike should be able to enjoy a pleasant environment in which to work, shop and spend their leisure time.

3.1.2 One of the main tasks for the local plan is to reconcile the need for new development with the conservation and enhancement of the built and natural environment. Where new development does occur, high standards of site planning and landscape design will be required to ensure that it makes a positive contribution to the environment and image of Medway.

3.1.3 It is important that opportunities are taken for improving the environment and protecting the setting of heritage features. Medway Council as Local Planning Authority already encourages the maintenance and repair of listed and other historic buildings and the council will continue to promote this work. Every effort will be made to ensure that the public perception of the area is favourable by promoting its heritage and removing eyesores which detract from the area’s attractions. It is particularly important to improve the general appearance of high profile areas along the main road and rail routes into Medway, especially the riverside and town centre areas.

3.1.4 The local plan recognises the role of the countryside and the natural environment in urban and rural areas. The countryside and natural environment are significant resources which make a profound contribution towards the quality of life of the local population. The countryside hosts farming, forestry and other working activities, but at the same time it accommodates walking, cycling, horse-riding and other recreational pursuits. The landscape provides visual amenity for visitors and residents alike. The countryside and the natural environment are also a haven for a great diversity of wildlife, flora and fauna which, if destroyed, is often irreplaceable.

3.1.5 Elements of the countryside and its influences extend into, and have been retained within, the built up area of Medway. They perform significant functions which should be recognised. They are, for example, significant for naturalising and softening the urban environment. They often have plant and wildlife interest which is appreciated by the urban community. Green spaces within the urban area also have important recreational and landscape value.

3.1.6 The countryside and natural environment of Medway has changed considerably over the last few decades, including significant and permanent loss to built development and urbanising influences. The extent of recent urban encroachment is exemplified by the large-scale housing development at Parkwood, Hempstead, Walderslade, Lordswood and Princes Park. These developments have resulted in great loss of woodland, agricultural land and open countryside.

3.1.7 The historic losses emphasise the need to conserve and manage those resources which remain. It is Government policy that the countryside should be safeguarded for its own sake and that non-renewable and natural resources should be afforded protection. In doing so, the principle of sustainability also requires an awareness of the consequences of actions now for future generations.

3.1.8 Protection of the environment does not simply mean that all development is prevented. Development when sensitively sited, designed and landscaped can enhance the environment. Development should therefore seek to respect environmental objectives and assets, including the need to improve current conditions. Policies in the local plan are therefore intended to control development, so that when it does occur, a positive benefit can be achieved. 

3.2 Policy Context

Central Government Guidance

3.2.1 The Government recognises that the appearance of development and its relationship to its surroundings are material considerations in planning decisions and sets out its guidance in Annex A of Planning Policy Guidance PPG1 “General Policy and Principles”. The PPG states that good design should be the aim of all involved in the development process and should be encouraged everywhere. However, it recognises that aesthetic judgements are to some extent subjective. The PPG advises that particular weight should be given to the impact of development on existing buildings and on the character of areas recognised for their landscape or townscape, such as Areas of Outstanding Natural Beauty and Conservation Areas.

3.2.2 Annex A of PPG1 specifies that development plans should set out design policies against which development proposals are to be considered. These should avoid unnecessary prescription or detail, and should concentrate on guiding the overall scale, density, massing, height, landscape, layout and access of development. The PPG suggests that Local Planning Authorities may produce supplementary planning guidance to cover detailed issues and elucidate and exemplify such policies, including local design guides and site specific development briefs.

3.2.3 Particular attention is drawn in PPG6 “Town Centres and Retail Developments” to the promotion of greater consideration of urban design to improve the environment of town centres. A comprehensive approach should be taken to development, street furniture, paving, signage, access for the disabled and car parking. Local Planning Authorities are required to consider drawing up policies and supplementary planning guidance for shopfront design.

3.2.4 In 1994, the Department of the Environment published a discussion document entitled “Quality in Town and Country”, designed to stimulate a holistic approach to improving quality in the built environment, particularly in terms of the design of new development and the environment as a whole. The document recognised the important role of urban design in achieving these objectives.

3.2.5 A number of PPGs relate to the need to protect amenity. PPG12 “Development Plans” allows for the inclusion of detailed development control policies to seek to minimise pollution or visual intrusion. PPG1 and PPG24 “Planning and Noise” stipulate that noise is a material planning consideration. PPG23 “Planning and Pollution Control” requires local plans to take into account the impact on amenity of noise, dust, vibration, light or heat and to separate housing and other development sensitive to pollution from polluting uses where they cannot reasonably co-exist.

3.2.6 Advice on conservation is given in PPG15 “Planning and the Historic Environment”. A fundamental aspect of Government policy is that there should be effective protection for all aspects of the historic environment. The physical remains of the past are to be valued and protected for their own sake. The Government acknowledges that the historic environment is irreplaceable but also that, given its widespread nature, it cannot be preserved unchanged. Local Planning Authorities are required to identify what is special in the historic environment, to define its capacity for change and, when proposals for new development come forward, to assess their impact and give the historic environment full weight. Conservation can play a key part in promoting economic prosperity by ensuring that an area offers attractive living and working conditions which will encourage inward investment. PPG15 requires Development Plans to reconcile the need for development with the interests of conservation, including archaeology, and charges local plans with including policies for the protection, enhancement and preservation of sites of archaeological interest and their setting.

3.2.7 National planning guidance for the countryside and rural economy is contained in PPG7 “The Countryside: Environmental Quality and Economic and Social Development”. This PPG states that sustainable development entails accommodating necessary change in rural areas while maintaining and, where possible, enhancing the quality of the environment for residents and visitors alike. A healthy rural economy facilitates investment to protect and improve the countryside. The PPG states that rural areas can accommodate many forms of development without detriment, if the location and design of the development is handled with sensitivity. Indeed, new development should respect, and where possible enhance, the environment in its location, scale and design. The PPG considers that planning policies should give greater priority to restraint in areas that have been statutorily designated for their landscape, wildlife or historic qualities. It also points out that the countryside should be safeguarded for its own sake and that non-renewable and natural resources should be afforded protection.

3.2.8 PPG2 “Green Belts” confirms that Green Belts should be protected as far as can be seen ahead, and that within them there should be a presumption against inappropriate development. Nature conservation is specifically covered in PPG9 “Nature Conservation” where the importance of both designated and undesignated areas for nature conservation is emphasised and particular advice is given for SSSIs and sites with additional national and international designations. PPG20 “Coastal Planning” states that the coast, particularly undeveloped parts, will seldom be the most appropriate location for development. It expects only development which requires a coastal location to be permitted there.

3.2.9 The 1996 Government White Paper “Rural England: A Nation Committed to a Living Countryside” examines the role and future of the English countryside up to the Millennium, and it explores the practicalities of sustainability in rural areas. The White Paper says that the countryside should be regarded as a national asset, and that sustainable development means managing the countryside in ways that meet current needs without compromising the ability of future generations to meet theirs. The Government more recently published a rural white paper in November, 2000, entitled “Our Countryside – The Future – a fair deal for England.”

3.2.10 In 1994, the Government published the document “Sustainable Development: The UK Strategy” following the 1992 Earth Summit in Rio de Janeiro. In this strategy document, the environment is seen as a vital asset to be passed on to future generations in the best possible condition. As part of its review of this strategy the Government published in 1998, the consultation paper, “Opportunities for Change”. This consultation paper recognises that sustainability involves thinking holistically, looking at overall quality of life, considering direct, indirect and long term effects, with particular care being taken when development results in irreversible change. “A better quality of life, a strategy for sustainable development in the UK”, was published in May 1999.

Regional Policy

3.2.11 RPG9 “Regional Planning Guidance for the South East” sets out a number of principles to govern development in the region. One of these requires the fullest possible use to be made of opportunities for redevelopment and recycling of urban land with the aim of securing regeneration and an improvement in the urban environment. Planning is required to protect and enhance sensitive urban areas and open spaces, ensure a mix of urban uses, and achieve a high quality of building design, to enable the region’s towns to remain attractive places in which to live and work. At the same time, this regional guidance specifies that development should respect the region’s valuable environmental features and avoid the wasteful use of land and other natural resources.

3.2.12 The regional strategy sets out a vision based on achieving a more sustainable pattern of development and travel, encompassing a renaissance within urban areas whilst seeking to secure a prosperous and multi-purpose countryside for all. Within the strategy, the region’s environment is considered to be one of its key assets, with a high quality environment thought to be essential to the region’s future prosperity. A significant improvement to the physical environment is sought including promoting good design and building on local distinctiveness. It indicates that priority should be given to protecting designated areas of national or strategic environmental quality, to ensure no net loss or damage from development, with protection of the wider countryside being secured through the concentration of development within the region’s larger urban areas.

The Thames Gateway Planning Framework

3.2.13 The principles of RPG9 are carried forward into “The Thames Gateway Planning Framework” (RPG9a). This Planning Framework is more focused on the locality and the environmental issues of Medway. One of its objectives is to safeguard and enhance natural and man made environmental assets and, where necessary, improve the quality of the local environment and encourage the highest quality in the design, layout and appearance of new developments. It also recognises that there is scope for environmental improvement and economic regeneration to complement each other.

Kent Structure Plan I996

3.2.14 The Kent Structure Plan takes environmental considerations to be a key factor in planning change and setting its priorities. Strategic policy S2 of the structure plan states that:

“The quality of Kent’s environment, including the visual, aural, ecological, geological, historic, atmospheric and water environments, will be conserved and enhanced, and measures will be taken to minimise, and where appropriate, mitigate, any adverse impacts arising from developments and land use change”.

3.2.15 A series of environment policies in the structure plan amplify the policy S2 requirement for adequate protection, mitigation of damage caused to, and enhancement of the environment.

3.2.16 Policy ENV1 states that the countryside will be protected for its own sake. Development is not to be permitted there, unless the need for the development overrides the requirement to protect the countryside.

3.2.17 Policy ENV2 states that development will not be permitted where it would involve a loss of features or habitats which are of landscape, historic, geological or wildlife importance, or are of an unspoilt quality free from urban intrusion, unless there is a need for that development which overrides these considerations. Furthermore, policy ED6 states that the long-term productive potential of agricultural land will be protected, unless there is an overriding need identified in the development plan. In particular, development which will cause the loss of the best and most versatile agricultural land will not be permitted.

3.2.18 According to policy ENV15, the character, quality and functioning of the built environment in Kent is to be conserved and enhanced, with the expectation that development should be well designed and respect its setting. Further policies focus on the preservation and enhancement of Conservation Areas, Scheduled Ancient Monuments, archaeological sites and Listed Buildings.

Local Strategies

3.2.19 Medway Council is in the process of formulating many strategy, implementation and action documents. For example, the council is seeking to develop a comprehensive landscape and urban design framework which is likely to be adopted as supplementary planning guidance (See policy S4).

3.2.20 Other management strategies and policy documents have assisted in the formulation of local plan policy including the Kent Countryside Strategy, the Kent Biodiversity Action Plan, Local Agenda 21, Gillingham Riverside Landscape Strategy and the draft management plans for the Thames and Medway Estuaries. These strategies can be seen as mechanisms to help implement the local plan. 

3.3 Objectives

3.3.1 The objectives underlining the policies in this chapter are:

(i) to promote environmental sustainability;

(ii) to protect and enhance the character, diversity and distinctiveness of the countryside, built and natural environments, with particular emphasis on identifiable assets such as:

(a) the Metropolitan Green Belt and strategically and locally important gaps between settlements;
(b) areas of strategic and local landscape importance;
(c) nature conservation and geological sites of international, county or local importance;
(d) areas of the best and most versatile agricultural land; and
(e) conservation areas, ancient monuments and listed buildings;

(iii) to sustain and diversify the rural economy and to make allowance for necessary change in the countryside and natural environment;

(iv) to ensure that development takes into account its environmental consequences, being suitably located and well designed, respecting environmental assets and taking the opportunity to enhance current environmental conditions;

(v) to improve the built environment by seeking a high standard of design in new development or alterations to existing buildings;

(vi) to reconcile the need for new development with the conservation and enhancement of heritage features of the built environment, both rural and urban;

(vii) to enhance the environment by seeking to remove eyesores and restore and improve the appearance of areas of poor townscape, particularly in high profile areas such as the riverside and along strategic routes;

(viii) to promote imaginative site planning and landscape design to achieve quality open space on development sites. 

3.4 Policies and Reasoned Justification

The Built Environment

3.4.1 Medway Council recognises the importance of maintaining and improving the amenity value, sustainability and appearance of the area in order to create an attractive and healthy environment in which to live and work, and to attract new investment. It is intended that all development, including extensions and alterations, will make a positive contribution to the character of the area by being designed to a high standard and respecting neighbouring property. Development should adhere to the principles of energy efficiency, take account of the need for security of property and personal safety and be readily accessible to all, including those with special needs. The council will encourage the use of sustainable construction methods including both the re-use and efficient use of materials used in construction; appropriate rehabilitation and refurbishment of buildings; and the effective use and recycling of water through design.

3.4.2 Careful consideration of site planning is integral to achieving a development that respects existing site features, landscape character and adjacent land. The siting of buildings should achieve an integration of both built and landscape elements in order to maximise the potential of the site.

Design

3.4.3 All new housing construction, extensions, rebuilding or conversions should provide a satisfactory standard of accommodation and make a positive contribution to the public realm, particularly in terms of design and materials used. Medway Council will prepare development briefs to provide design guidance for certain sites, including the following sites (not in order of priority):

(a) Grain;

(b) Kingsnorth;

(c) Hoo St Werburgh;

(d) sites adjacent to the Wainscott By-Pass;

(e) Strood Waterfront;

(f) Rochester Airfield;

(g) Rochester Riverside;

(h) rear of the former Seeboard building, High Street, Rochester;

(i) Bourne and Hillier site, High Street, Rochester;

(j) All Saints Hospital, Magpie Hall Road, Chatham;

(k) Chatham Historic Dockyard;

(l) land at Arden Street and High Street, Gillingham;

(m) Grange Farm, Gillingham.

3.4.4 Extensions and residential infill development should not appear as afterthoughts nor dominate the original and adjacent buildings. They should not result in the over development of plots nor unduly reduce available garden or amenity areas. It is, therefore, necessary to control their design in terms of height, depth, mass, scale and materials to respect the appearance of the street scene and the character of the area.

3.4.5 The way in which potential investors, developers and business people perceive Medway is extremely important in promoting its economic development. One way of helping to improve the area’s overall image as a business location is to ensure that the scale and design of new commercial and industrial development respects the integrity of existing buildings and is sensitively designed to enhance the quality of the environment.

3.4.6 Village design statements are prepared by local communities and offer a framework for participation, engaging local people in debate about new development in their area. The council will encourage their preparation and consider their adoption as supplementary planning guidance. Such design statements would augment the work to be undertaken within the landscape and urban design framework (see policy S4).

3.4.7 Although residential and economic development has been referred to above, the design principles set out in this section apply equally to all types of development.

3.4.8 It is increasingly recognised that the provision of art in public places and integrated within new buildings can improve the quality of the built environment and increase the attractiveness of a development both environmentally and financially. The integration of works of art into new development can have wider benefits, as they can contribute to the positive image of the area, making it more attractive for new businesses to locate, and thus help in the promotion of economic regeneration.

3.4.9 The “Percent for Art” concept outlined by the Arts Council, encourages developers to set aside a proportion of their project’s capital budget (usually 1%) to commission work by artists and crafts people, usually as part of the development. Examples of such work might include the design and production of metalwork, stonework, brick detailing and patterning, signage, stained glass, tiling and paving, or could even involve the inclusion of textiles, murals, photographs or sculpture within the development. Funds might also be used to employ an artist as an integral member of the project design team. It should be noted that the most successful public art projects tend to be those that include the early involvement of artists and crafts people within the design process. 

POLICY BNE1: GENERAL PRINCIPLES FOR BUILT DEVELOPMENT

The design of development (including extensions, alterations and conversions) should be appropriate in relation to the character, appearance and functioning of the built and natural environment by:

(i) being satisfactory in terms of use, scale, mass, proportion, details, materials, layout and siting; and

(ii) respecting the scale, appearance and location of buildings, spaces and the visual amenity of the surrounding area; and

(iii) where appropriate, providing well structured, practical and attractive areas of open space.

Protection of Amenity

3.4.10 The need for development has to be balanced against the need to protect public health and the environment. The protection of quality of life in residential areas is particularly important. People should continue to enjoy adequate levels of amenity such as privacy, a quiet environment, daylight and sunlight. The need to protect particularly sensitive land uses such as hospitals and schools from pollution and noise is also important.

3.4.11 The council will, therefore, resist development which would result in damage to the amenity of those people occupying property close to new development. Overlooking from public rights of way, play areas and neighbouring properties should be taken into account. The layout and orientation of buildings should take advantage of sunlight and should not block daylight to habitable rooms of neighbouring dwellings nor dominate and enclose adjacent property. The council will also seek to protect the occupants of proposed development who might suffer from the impact of existing activities by requiring amelioration measures through the use of planning conditions.

3.4.12 The council will have regard to the advice in the “Kent Design” guide (2000) and has adopted it as supplementary planning guidance. The guide contains advice, for example, on site layout and privacy, and sunlight and daylight concerns. It specifically refers to the Building Research Establishment Report “Site Layout Planning for Daylight and Sunlight: A Guide to Good Practice” as containing tests to check the level of daylight within dwellings and adjoining buildings. 

POLICY BNE2: AMENITY PROTECTION

All development should secure the amenities of its future occupants, and protect those amenities enjoyed by nearby and adjacent properties. The design of development, should have regard to:

(i) privacy, daylight, and sunlight; and

(ii) noise, vibration, light, heat, smell and airborne emissions consisting of fumes, smoke, soot, ash, dust and grit; and

(iii) activity levels and traffic generation.

Noise

3.4.13 Noise can significantly affect the quality of life. Noise may come from a variety of sources, including road, rail and air traffic, industrial processes and recreational activities. Certain forms of development, for example residential development, can be particularly sensitive to noise.

3.4.14 PPG24 provides guidance on determining applications for residential development to ensure that noise levels are acceptable. Noise Exposure Categories (NECs) are identified for different types of noise source: road, rail and air traffic and mixed sources (which includes industrial noise). The council has considered these recommended NEC categories, and the associated noise thresholds of PPG24, and applied them to the plan area.

3.4.15 However, the council will, in some cases, vary noise levels by 3dB(A) in accordance with paragraph 9 of PPG24. The council will pursue lower thresholds, where appropriate, in order to seek improved environmental conditions. To aid developers in meeting these noise thresholds, the council will provide guidance on how to minimise noise through the production of supplementary planning guidance, including an explanation of what is required for the acoustic assessment of a development.

3.4.16 The NEC categories that the council uses are aimed at protecting residents within dwellings. However, the sound level within a residential building is not the only consideration. Most residents will expect their gardens and adjacent amenity areas to offer a reasonable degree of peaceful enjoyment. The advice in PPG24 is that general daytime, outdoor noise levels of less than 55 LAeq,TdB, are desirable to prevent significant community annoyance.

3.4.17 Other noise sensitive developments include schools, hospitals and offices. It is acknowledged, however, that buildings for such uses often contain areas that are not noise sensitive. For example, storage areas in those types of building would not require protection. Sensitive buildings can be protected by attention to site layout and building design. Areas of landscape, nature conservation and historic importance and areas where livestock are kept are also locations where the potential impact of noise will be a consideration in the determination of planning applications.

3.4.18 Where new noisy industrial or similar development is proposed, it is necessary to ensure that it does not cause an unacceptable degree of disturbance to the amenity of existing uses in the locality. Proposals for such development near existing residential, or other noise sensitive receptors, will need to be assessed in accordance with the advice in PPG24. Where appropriate, however, the technical demonstration of impact will need to be couched in terms set out in British Standard BS4142: 1997.

3.4.19 Some developments may find it difficult to fully comply with the provisions of the council’s noise standards, and it is acknowledged that some flexibility may be necessary if regeneration and other objectives are to be realised. However, it should be possible, in most instances, to design developments to mitigate and minimise the impact of noise, and this will be sought of all development proposals. 

POLICY BNE3: NOISE STANDARDS

In considering the impact of noise from transport related sources on new residential development, the noise exposure categories (NECs) set out below will be applied as follows:

(i) where noise levels are within category A, noise need not be considered as a determining factor;

(ii) where noise levels fall within category B, the applicant should demonstrate that adequate mitigation measures are included in the proposal to reduce noise to a satisfactory level or, where appropriate, conditions will be imposed to ensure such mitigation measures;

(iii) where noise levels fall within category C, the development will not be permitted unless either (a) the site is allocated for residential development or (b) there are no alternative quieter sites available. In both cases, a substantial level of protection against noise must be provided;

(iv) where noise levels are within category D, planning permission will be refused.

Noise levels(1) corresponding to the noise exposure categories for new dwellings LAeq,TdB

Noise Source

Noise

Exposure

Category

(NEC)

 

A

B

C

D

Road Traffic
0700-2300

2300-0700(2)


<55
<45


55-63
45-57


63-72
57-66


>72
>66

Rail Traffic
0700-2300
2300-0700(2)


<55
<45


55-66
45-59


66-74
59-66


>74
>66

Air Traffic
0700-2300
2300-0700(3)


<57
<48


57-66
48-57


66-72
57-66


>72
>66

Mixed Sources(4)
0700-2300
2300-0700(2)


<55
<45


55-63
45-57


63-72
57-66


>72
>66

These thresholds may be increased or decreased by up to 3dB(A) where it can be justified.

(1) Noise levels: the free field noise level(s) (LAeqqT) used when deciding the NEC of a site should be representative of typical conditions.

(2) Night-time noise levels (2300-0700 hours): sites where the free field individual noise events regularly exceed 80dB LAmax (S time weighting) several times in any hour, should be treated as being in NEC C regardless of the LAeq,8r (except where the LAeq,8H already puts the site in NEC D).

(3) Aircraft noise: daytime values accord with the contour values adopted by the Department of the Environment, Transport and the Regions which relate to levels measured 1.2m above open ground. For the same amount of noise energy, contour values can be up to 2dB(A) higher than those of other sources because of ground reflection effects.

(4) Mixed sources: this refers to any combination of road, rail and industrial noise sources. The ‘mixed source’ values are based on the lowest numerical values of the single source limits in the table. The ‘mixed source’ NECs should only be used where no individual noise source is dominant.

Residential development should be designed to minimise noise levels within gardens and/or amenity areas provided by that development, with the aim of having these areas experience a general daytime (07.00 to 23.00 hours) noise level of at most 55 LAeq,TdB.

Noise sensitive development (including offices, hospitals, schools and, in respect of noise emanating from non-transport related sources, housing) should be designed to minimise the impact of existing noise sources and the applicant will be required to demonstrate that the proposed development will not be exposed to unacceptable levels of noise relative to the proposed use.

Noise-generating development should be located and designed so as not to have a significant adverse noise impact on any nearby noise sensitive uses (including offices, hospitals, schools and, in respect of noise emanating from non-transport related sources, housing).

Energy Efficiency

3.4.20 Non-renewable fossil fuels such as gas, oil and coal are burnt to yield energy directly, or are used in power stations to produce electricity. A reduction in the demand for energy from these sources will help in reducing harmful atmospheric emissions. These emissions include greenhouse gases and gases which contribute to “acid rain” and “smog”.

3.4.21 Energy efficiency in the design of buildings will include measures for reducing energy demand for heating, lighting and ventilation. For example, buildings should have: high levels of thermal insulation of the fabric and glazing; compact plan forms with minimisation of external surface areas; incorporation of draught lobbies; internal room layout and fenestration arrangements that benefit from the heat and light of solar energy; and utilisation of natural ventilation where possible.

3.4.22 Site layouts should avoid overshadowing, orientate facades within 30 degrees of south and utilise appropriately sited shelterbelts and hedgerows to act as windbreaks. Site layouts, densities and land use mixes influence the viability of combined heat and power/district heating schemes.

3.4.23 The use of solar panels also provides a direct means of utilising the sun’s energy. Whilst their wider use will generally be appropriate, particularly in new buildings, their visual impact will need to be taken into account. They will be unacceptable on Listed Buildings and will be required to be unobtrusively sited in cases where, in principle, they are considered to be acceptable on buildings in conservation areas.

3.4.24 Development can also indirectly reduce energy demand by minimising the use of materials with high embodied energy and requirements for mains water and waste water treatment. For example, water conservation measures, rainwater recovery systems and “reed-bed” or other technologies for wastewater treatment are increasingly being incorporated into domestic and commercial schemes and in principle, such measures will be supported by the council. Embodied energy of materials refers to the energy expended in the manufacture, transportation and construction of materials. For example, locally sourced softwood timber window frames have a lower embodied energy than UPVC window frames. 

POLICY BNE4: ENERGY EFFICIENCY

Energy efficiency measures will be sought within development proposals, providing there is no detrimental impact on amenity. In particular, proposals should have regard to:

(i) appropriate siting, form, orientation and layout of the buildings and the appropriate size and location of windows to maximise passive solar heating, natural lighting and natural ventilation; and

(ii) the appropriate use and siting of soft landscaping to act as shading or shelterbelts; and

(iii) energy efficient technology including solar panels, combined heat and power/district heating schemes and district wind power schemes; and

(iv) high standards of insulation and other heat retaining features; and

(v) the use of building materials of the lowest possible embodied energy,

except where there is an overriding need to avoid damage to the architectural or historic interest of Listed Buildings and buildings in Conservation Areas.

Lighting

3.4.25 Outdoor lighting is required for particular purposes, such as highway safety, external working during the hours of darkness and security purposes. Floodlighting of important buildings can also add to the quality of an area. However, some lighting can cause nuisance due to glare. In the countryside in particular, sky glow can detract from the sky’s natural state and cause disturbance to wildlife. Excessive lighting is also wasteful of energy. The council will, therefore, discourage the use of lighting considered to be unnecessary, (e.g. beyond that required for personal safety) and will seek to find more acceptable solutions. Light nuisance can be minimised by careful siting, angling or cowling to ensure that light falls only where it is needed, controlling intensity and limiting the hours of illumination.

3.4.26 Full details of any external lighting scheme should be submitted as part of the planning application to enable the council to ensure that it is the minimum required for safety and working purposes and that its design minimises potential glare and spillage.  

POLICY BNE5: LIGHTING

External lighting schemes should demonstrate that they are the minimum necessary for security, safety or working purposes. Development should seek to minimise the loss of amenity from light glare and spillage, particularly that affecting residential areas, areas of nature conservation interest and the landscape qualities of countryside areas.

Landscape Design

3.4.27 The provision and design of external landscaping is now integral to any major new development and must be given careful thought. It is important that landscape schemes take account of the need for access by people with disabilities and take into account personal safety and crime prevention issues.

3.4.28 By requiring provision of quality and detailed landscape schemes on development sites, the council is seeking to:

(i) increase the amount of green space within the built-up area;

(ii) create or enhance positive elements of the character of the locality;

(iii) provide more, publicly accessible, open space for informal recreation, including within new, large scale employment developments; (see policies L4, L5 and L6);

(iv) link natural habitats, pedestrian routes and open spaces;

(v) reduce the visual prominence of parked cars and the scale of large areas of car parking;

(vi) contribute to the improvement of air quality and microclimate in the urban area;

(vii) help facilitate regeneration. 

POLICY BNE6: LANDSCAPE DESIGN

Major developments should include a structural landscaping scheme to enhance the character of the locality. Detailed landscaping schemes should be submitted before development commences and should have regard to the following factors:

(i) provide a structured, robust, attractive, long term, easily maintainable environment including quality open spaces, vistas and views; and

(ii) include planting of a size, scale and form appropriate to the location and landform, taking account of underground and overground services; and

(iii) include details of the design, materials and quality detailing of hard works elements such as gates, fences, walls, paving, signage and street furniture; and

(iv) retain important existing landscape features, including trees and hedgerows, and be well related to open space features in the locality; and

(v) support wildlife by the creation or enhancement of semi-natural habitats and the use of indigenous plant material where appropriate; and

(vi) include an existing site survey, maintenance and management regimes and a timetable for implementation.

Access for All

3.4.29 The design of access to buildings and of circulation areas should meet the needs of those with limited mobility. Unnecessary difficulties and inconvenience can be experienced by people with disabilities, the elderly and others (for example those with prams or pushchairs), when confronted with pedestrian crossings, narrow entrance doorways, limited circulation space, external stairs, unsympathetic paving materials, kerbs and items of street furniture. The needs of these groups should be taken into account in the design of: new buildings; alterations to buildings; circulation spaces and routes from car parking; and public transport accessibility points (such as stations and bus stops). Whilst the internal layout of buildings which is governed by the Building Regulations is not normally material to the determination of planning applications, the council encourages developers to give equal consideration to providing access for all in the design of internal circulation spaces. Policy BNE7 is intended to complement, not duplicate the Building Regulations in this regard.

3.4.30 Matters that should be taken into account include:

(i) the provision of steps and ramps, allowing adequate width of paths and doorways to facilitate access for users of wheelchairs, prams, pushchairs and others with mobility difficulties;

(ii) the use of non-slip and tactile surfaces;

(iii) adequate lighting and clear signage;

(iv) the provision of dropped kerbs and the adequate provision, location and size of parking for vehicles of disabled drivers or those with young children;

(v) the design and positioning of street furniture which avoids obstruction or danger and allows adequate circulation. 

POLICY BNE7: ACCESS FOR ALL

Development should be designed so that access to buildings and external circulation areas meets the needs of people with disabilities, the elderly and people with young children.

Exceptions will be made in proposals affecting Listed Buildings, Scheduled Ancient Monuments and some buildings in Conservation Areas, if there is an overriding need to avoid damage to their architectural or historic interest.

Security and Personal Safety

3.4.31 The design of the built environment can assist in discouraging anti-social behaviour, prevent crime and thereby reduce the fear of crime or harassment. Circular 5/94 “Planning Out Crime” requires local plans to establish principles for the design, layout and landscaping of new development which will make crime more difficult to commit, increase the risk of detection and provide people with a safer, more secure environment. Those principles are summarised below, and the council will seek their incorporation into development proposals:

(i) encourage passive surveillance and self-policing, for example by introducing residential development into commercial areas in town centres and designing residential development such that residential access roads, paths, parking areas, amenity areas and bus stops are within sight of the main living areas of residential properties;

(ii) avoid creating unduly large, single-use developments which are sparsely populated at certain times, particularly in the evenings and at night;

(iii) avoid the isolation of pedestrians or the creation of dark or hidden areas (e.g. alleyways) in the design, landscaping and boundary treatment of footpaths, cycleways and roads;

(iv) provide adequate lighting and incorporate security measures in the design of buildings;

(v) reduce the risk of “ram-raiding” by the appropriate siting and design of street furniture and shop fronts;

(vi) encourage a mixed range of uses in town centres to create a lively and attractive environment throughout the day and evening, including the provision of sporting, leisure and recreational facilities, particularly for young people.

3.4.32 The council will consult the Police Architectural Liaison Officer on major development schemes, and will take into account the advice on design given in the Police Architectural Liaison Manual of Guidance.

3.4.33 One particular means of providing more security for property and contributing to an improved sense of safety for individuals can be achieved by the installation of security cameras and CCTV (closed circuit television). Schemes which have been implemented include surveillance of car parks and major public areas such as town centres. 

POLICY BNE8: SECURITY AND PERSONAL SAFETY

The design and layout of development should seek to maximise personal safety and the security of property.

Commercial Frontages

3.4.34 The appearance of shopfronts and the frontages of other buildings in town, district or local centres help to create an identity for a centre and can be influential in attracting trade. For example, unpainted and decaying shopfronts create a negative impression whilst large garish fascias and solid shutters or grilles provide an unattractive environment. The council aims to ensure the sensitive design of shopfronts and frontages to preserve the appearance and character of commercial areas. In addition, the council will publish supplementary planning guidance on shopfronts. 

POLICY BNE9: DESIGN OF COMMERCIAL FRONTAGES

Proposals which would result in the loss of shop fronts of traditional design or materials, and which contribute to the character and appearance of an area, will not be permitted. Proposals for new commercial or retail frontages should:

(i) respect the building’s character, scale and appearance; and

(ii) incorporate fascias and any additional features which are in proportion to the elevations of the existing building and which avoid obscuring any existing architectural details; and

(iii) retain individual frontages when two or more building frontages are incorporated into a single unit; and

(iv) complement the positive character of the surrounding area; and

(v) ensure that any security grilles or shutters demonstrated to be necessary, are designed to be an integral feature of the frontage and maintain a shop window display.

Advertisements

3.4.35 Advertisements in limited numbers can, if they are carefully designed and situated, form an attractive feature of a commercial centre. However, when they are poorly designed, unsuitably located, unduly large or too numerous, they can create visual clutter and become detrimental to the street scene. Sensitively designed and located illuminated displays can lend a sense of vitality to streets containing entertainment uses after dark, but there is a danger that they can detract from amenity or become a traffic hazard if they distract drivers. The regime of outdoor advertisement control enables Local Planning Authorities to control advertisements in the interests of amenity and public safety, including the ability to designate Areas of Special Advert Control, of which there are currently two in Medway. Some types of advertisements are exempted from detailed control and others often qualify for ‘deemed consent’. In residential areas, proposals for advertisements will be permitted only in the most exceptional circumstances. The council will act to remove unacceptable advertisements, signs and hoardings that otherwise enjoy ‘deemed planning consent’.  

POLICY BNE10: ADVERTISEMENTS

Proposals for the display of advertisements and fascia signs will be permitted unless:

(i) their scale, size, design, materials or illumination would be detrimental to the character and appearance of the land or buildings on which they are to be displayed or of the surrounding area; or

(ii) they result in visual clutter or are excessive in size or number; or

(iii) their siting on a building extends above ground floor fascia level and fails to respect architectural features or the original divisions of the property; or

(iv) the sign constitutes a road safety hazard which would be likely to distract, confuse or obstruct the vision of road users.

3.4.36 It is necessary to exercise tighter controls over advertisements in particularly sensitive locations such as Conservation Areas, Listed Buildings or their settings. Relevant policies are BNE15 and BNE19 below.

Hoardings

3.4.37 Large poster displays or hoardings can have a detrimental impact on the street scene as they often appear out of scale with the properties on which they are displayed. However, they may be acceptable in commercial areas or along major transport routes if, for example, they would screen unattractive sites.  

POLICY BNE11: HOARDINGS

Advertisement hoardings will only be permitted where they provide a screen to a site which is detrimental to the character of the area and where an improvement to the appearance of that site cannot be satisfactorily achieved by other means.

The hoarding will be expected to complement the street scene through its design and, where appropriate, the provision of incidental landscaping and street furniture.

Conservation Areas

3.4.38 A Conservation Area is an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. It will have a particular context or setting which may also have a special character or appearance worthy of preservation. Conservation Areas vary in size, ranging from whole town centres, to much smaller groups of buildings. They will often be centred on Listed Buildings, but other features of merit, such as open spaces, trees, historic street patterns, or items of historic or archaeological interest may also contribute to the special character of an area.

3.4.39 The urban fabric of Medway is rich in history and contains much that is worthy of conservation.

3.4.40 Rochester was established in Roman times to guard the Medway crossing and its Castle and Cathedral are predominantly Norman. Much of the core of Georgian and Victorian Rochester also survives, including the Corn Exchange, Hawkins Almshouses and the award winning Dickens Centre (housed in the 16th century Eastgate House). The Historic Dockyard (the former Royal Naval Dockyard) dates back to Tudor times, although much of that now remaining is Georgian. The Brompton Lines and Forts Amherst, Clarence and Pitt were all built during the early 19th Century. The military tradition continued with the establishment of the Royal School of Military Engineering and the Royal Engineers Institute, also during the 19th Century. A wealth of other buildings or features worthy of conservation also survive throughout the area.

Preservation and Enhancement of Conservation Areas

3.4.40 Medway contains 25 Conservation Areas which range in size from Rochester city centre and Brompton Lines to Cliffe village and Railway Street, Gillingham. These are shown on the proposals map and are listed below:

(a) Rochester City Centre

(b) Victoria Street, Rochester

(c) Church Fields, Rochester

(d) Upper Upnor

(e) Cliffe

(f) New Road, Chatham

(g) Star Hill, Rochester

(h) Watts Ave/Roebuck Road

(i) St. Mary Hoo

(j) Upper Bush

(k) Halling

(l) Star Hill to Sun Pier

(m) New Road, Rochester

(n) Frindsbury and Manor Farm

(o) Brompton Lines

(p) Rainham

(q) Lower Twydall

(r) Gillingham Park

(s) Moor Street

(t) Meresborough

(u) Pembroke (Chatham Maritime)

(v) Lower Rainham

(w) Railway Street, Gillingham

(x) Gillingham Green

(y) Chatham Historic Dockyard

3.4.41 Local Planning Authorities have a duty to review their areas from time to time, to consider whether further designation or deletion is warranted and whether existing Conservation Area boundaries should be amended.

3.4.42 Medway Council will carry out a comprehensive review of all existing and proposed Conservation Areas before 2006. In particular, a comprehensive and co-ordinated review will take place of the Conservation Areas around the World Naval Base, Brompton and Fort Amherst. The council will pay special attention to the preservation and enhancement of the special character of all its Conservation Areas, and will carry out an appraisal of each area and prepare proposals to secure that objective. The policies aimed at achieving that end will also apply to proposed Conservation Areas. 

POLICY BNE12: CONSERVATION AREAS

Special attention will be paid to the preservation and enhancement of the character and appearance of Conservation Areas, as defined on the proposals map.

Demolition in Conservation Areas

3.4.43 Conservation Area designation gives Local Planning Authorities control over the demolition of most buildings and some structures, such as walls, which are located within their curtilage. In considering proposals for demolition, the part played in the architectural or historic interest of a Conservation Area by the building concerned will be assessed, including the wider effects of demolition on the building’s surroundings. Consent will not be given for the demolition of buildings which make a positive contribution to the character or appearance of a Conservation Area. Buildings which detract from the character only because they have become neglected will be safeguarded and every effort will be made by the council to secure their restoration and repair by the owners.

3.4.44 Where it is proposed to demolish non-Listed Buildings in a Conservation Area, the council will not grant consent unless there are detailed plans for redevelopment which demonstrate that the proposals would fit into the area in an acceptable manner. In order to ensure that unsightly vacant plots are not created, demolition will not be permitted to take place until a contract has been entered into for an approved redevelopment of the site. 

POLICY BNE13: DEMOLITION IN CONSERVATION AREAS

Proposals to demolish a building which makes a positive contribution to the character or appearance of a Conservation Area will not be permitted unless it can be demonstrated that:

(i) the building is wholly beyond repair: or

(ii) it is incapable of use; or

(iii) its design is inappropriate; or

(iv) the character and appearance of the Conservation Area would be enhanced by its removal and replacement.

Consent will be conditional upon no demolition occurring until a contract has been entered into for approved redevelopment of the site.

Development in Conservation Areas

3.4.45 Planning decisions in Conservation Areas must pay special attention to the objective of preserving or enhancing the character or appearance of the area.

3.4.46 The enhancement of an area can be defined as the reinforcement of the qualities which provide its special interest. It may be achieved through the sympathetic development of opportunity sites, the redevelopment of buildings which detract from the character of an area or by appropriate extensions and alterations. The council will seek to ensure that development does not take place which is detrimental to the character or appearance of a Conservation Area. Conservation Areas may contain some buildings which have no architectural or historic interest and are harmful to the overall character of the area. Their replacement with buildings of a similarly inappropriate design will not be acceptable.

3.4.47 The principal concerns about development in Conservation Areas will be the appropriateness of a building’s mass and scale as well as its relationship with its context. The proposal should be in harmony with, or complementary to its neighbours in respect of the adjoining architectural styles. The use of materials generally sympathetic to those which have been historically used in the area is also important. The building should fit into the ‘grain’ of an area by respecting surviving historic street patterns, plot widths and depths. Enhancement may be achieved by the retention of existing features, materials and details (where they have survived) or by their reinstatement, where appropriate. In order to secure the retention of features on unlisted buildings which could otherwise be lost as a result of permitted development, the council will consider the use of Article 4 Directions to give control over such development.

3.4.48 The setting of a Conservation Area will be affected by development adjacent to its boundary or in the vicinity which would impinge on important views of the area. In order to assess the effect of development on a Conservation Area, detailed plans and drawings of the proposals, including elevations which show the development in its setting, will normally be required. Outline planning applications do not usually contain sufficient detailed information to enable the council to assess their impact. Consequently, full applications will be sought. 

POLICY BNE14: DEVELOPMENT IN CONSERVATION AREAS

Development within Conservation Areas, or affecting their setting, should achieve a high quality of design which will preserve or enhance the area’s historic or architectural character or appearance. The following criteria will be applied:

(i) materials, features and details of buildings or structures which contribute to the character or appearance of the area should be retained or reinstated; and

(ii) traditional street patterns, building lines, open spaces and urban spaces, paving and roadway materials, boundary treatments and street furniture should be retained or reinstated; and

(iii) the scale, height, mass, roofscape, materials, detailing, fenestration, plot width and depth, and visual appearance of new development should be sympathetic with existing buildings and their settings; and

(iv) trees, hedgerows and open spaces should be retained and protected; and

(v) hard and soft landscape elements and traditional materials which enhance the area should be utilised.

Proposals should be submitted as full applications when they are within, or would affect, a Conservation Area.

Advertisements within Conservation Areas

3.4.49 In Conservation Areas it is particularly important for advertising signs (such as those on shops and other commercial premises) to be sympathetic in form, scale and materials to their context. Internally illuminated box signs, the use of plastic and freestanding poster advertisements (hoardings) will be inappropriate. 

POLICY BNE15: ADVERTISEMENTS WITHIN CONSERVATION AREAS

Within Conservation Areas advertisements will not be permitted if their design, materials, size, colour or siting detract from the special character of the Conservation Area.

Demolition of Listed Buildings

3.4.50 The starting point for the exercise of Listed Building control is a recognition of the great importance of protecting these buildings of special architectural or historic interest from unnecessary demolition and from inappropriate alteration. Once lost, historic buildings cannot be replaced and the destruction of such buildings is seldom necessary for reasons of good planning. The council will not give consent for the demolition of any Listed Building without convincing evidence that either real efforts have been made to find viable uses for the building or that redevelopment would produce substantial planning benefits for the community which would decisively outweigh the loss of the building. Subjective claims about the architectural merits of proposed replacement buildings will not be a justification for the demolition of a Listed Building. 

POLICY BNE16: DEMOLITION OF LISTED BUILDINGS

The demolition of Listed Buildings will not be permitted unless it can be demonstrated that there are exceptional and overriding reasons for demolition, and that all possible methods of preserving the building have been investigated.

Development involving Listed Buildings

3.4.51 The elements which make up the special interest of a Listed Building will usually extend beyond the external façades. Internal features (for example, decorated plaster ceilings and staircases, timber framing, fireplaces, joinery, wall panelling and wall paintings) can contribute to its architectural or historic interest, and consent is required for all internal alterations. In addition, the spaces and layout of the building and the archaeological (or technological) interest of the surviving structure and surfaces are equally important.

3.4.52 Certain Listed Buildings can accommodate sensitive alterations and extensions without damaging their character. Cumulative changes reflecting the history of different uses of the building are often part of its special interest. However, the special interest of buildings may be sensitive to even the slightest alteration. In order to properly assess the impact of proposed development on all elements of a Listed Building, the council will require all applications for alterations, extensions or changes of use affecting a Listed Building to be full applications, and to be accompanied by an application for Listed Building consent where one is required. Proposals for changes of use must include information relating to any associated alterations to the Listed Building.  

POLICY BNE17: ALTERATIONS TO LISTED BUILDINGS

Alterations, extensions, conversions or changes of use affecting a Listed Building will not be permitted if they are

(i) detrimental to the architectural or historic character of the building; or

(ii) unsympathetic in design, scale, appearance and use; or

(iii) do not retain original features and materials.

Setting of Listed Buildings

3.4.53 The setting of a Listed Building is often an essential part of its character. Historic buildings can lose much of their interest and townscape value if their surroundings include inappropriate development. The setting of a Listed Building will often owe its character to the harmony produced by a particular grouping of buildings and to the quality of spaces created around them. Such areas require careful attention to the details of the proposals. Consequently, full applications will normally be required which will enable a proper assessment of their impact. Proposals which would adversely affect the setting of a Listed Building will not be permitted. 

POLICY BNE18: SETTING OF LISTED BUILDINGS

Development which would adversely affect the setting of a listed building will not be permitted.

Advertisements on Listed Buildings

3.4.54 Particular attention needs to be given to advertisements on Listed Buildings to ensure that their fabric, character and appearance are not damaged. 

POLICY BNE19: ADVERTISEMENTS ON LISTED BUILDINGS

Advertisements will not be permitted if they would adversely affect the character, appearance or setting of Listed Buildings due to:
(i) inappropriate siting; or
(ii) the use of internally illuminated signs; or
(iii) inappropriate materials; or
(iv) the painting over, obscuring or alteration of architectural details or traditional materials.

Archaeology

3.4.55 The lower reaches of the Thames and Medway estuaries have played a strategic role in the development of Kent from prehistoric times onwards and sites of all periods from the Palaeolithic to the modern are represented. The local plan needs to address this legacy which is represented by Scheduled Ancient Monuments and other important archaeological sites.

Nationally Important Archaeological Sites

3.4.56 The planning system must protect nationally important archaeological remains, some of which enjoy special protection as Scheduled Ancient Monuments. National policy, as set out in PPG16, makes a presumption in favour of the physical preservation, in situ, of nationally important remains and their settings. In view of their intrinsic worth as historic sites and buildings, it is essential that the monuments themselves are protected and that unsympathetic or damaging development is not allowed in their immediate vicinity. In addition to planning controls, separate Scheduled Ancient Monument consent from the First Secretary of State is required before specified works are carried out which would affect an Ancient Monument. The sites which were scheduled in May 1999 are set out in Appendix 1 and their general locations are identified on the proposals map. The policy will also apply to monuments which are subsequently scheduled. 

POLICY BNE20 SCHEDULED ANCIENT MONUMENTS

Scheduled Ancient Monuments are defined on the proposals map. Development affecting Scheduled Ancient Monuments or other nationally important sites will not be permitted if it would:

(i) damage or destroy such sites; or

(ii) be detrimental to their setting.

Other Important Archaeological Sites

3.4.57 On the basis of information from the Kent Archaeological Sites and Monuments Record, Areas of Archaeological Potential have been identified. These cover broad areas of land which might contain archaeological remains, although there is no indication of their relative importance. It is not the intention of Medway Council to prevent development in such areas, but to provide an opportunity for their importance to be assessed at the earliest possible stage and for development to be designed to minimise destruction as a first preference. Where this approach is not warranted, arrangements for excavation and recording of details should be made, and any important artefacts removed for curating, usually in a museum.

3.4.58 Development within Areas of Archaeological Potential which involves disturbance of below ground deposits could damage or destroy archaeological remains. For this reason, planning applications for development within these sites and others where archaeological remains are believed to be present will be the subject of consultation with the archaeological officer in order to assess the potential archaeological importance of the site. The council will seek to protect important archaeological remains in situ, and to avoid or minimise damage to these deposits. However, where damage is unavoidable, appropriate archaeological investigation will be required in advance of development. In some cases this may take the form of initial evaluation work followed by more formal excavation.

3.4.59 The importance of coastal archaeology should also be borne in mind. There is a need for further survey work to assess coastal archaeology. 

POLICY BNE21 ARCHAEOLOGICAL SITES

Development affecting potentially important archaeological sites will not be permitted, unless:

(i) the developer, after consultation with the archaeological officer, has arranged for an archaeological field evaluation to be carried out by an approved archaeological body before any decision on the planning application is made; and

(ii) it would not lead to the damage or destruction of important archaeological remains. There will be a preference for the preservation of important archaeological remains in situ.

(iii) where development would be damaging to archaeological remains, sufficient time and resources are made available for an appropriate archaeological investigation undertaken by an approved archaeological body. Such investigations should be in advance of development and in accordance with a specification and programme of work approved by the council. Resources should also be made available for the publication of the results of the investigation.

Environmental Enhancement

3.4.60 A positive image will help Medway to attract tourism and business to the area, to the benefit of the local economy. It is, consequently, important that environmental enhancement schemes should be implemented in high profile areas, such as the main road and rail routes into Medway, the town centres and the riverside areas.

3.4.61 There is scope for environmental improvements to address the problem of neglected land and to enhance the appearance of strategic highway and rail routes. The rail approaches to Medway could be greatly improved by attention to derelict and vacant areas, the maintenance and planting of embankments and a comprehensive programme of improvements to stations, particularly Chatham, Strood and Gillingham. Connex and Network Rail are now implementing an upgrading of the five main stations in Medway, whilst Medway Council (with development partners) will be regenerating Rochester Riverside beside the Strood to Chatham railway.

3.4.62 Some of the existing employment areas, particularly the older ones, have poor standards of building design, layout and general environment. The council will encourage the improvement of these areas to enhance both the image of the companies and the wider environment of Medway. Prominent areas such as Strood Waterfront would benefit from environmental enhancement and other improvements.

3.4.63 Groundwork Medway Swale is closely involved in all aspects of environmental enhancement in the plan area. The council will support the close involvement of local communities in enhancement projects, as it encourages a sense of common ownership and ensures that the needs of the community are taken into account.

3.4.64 The River Medway has exerted a strong influence on local character. However, much of its potential visual attraction within the urban area is limited where the riverside has been in industrial or trading uses and access to the public is consequently restricted. As the commercial significance of the river has declined, new opportunities have arisen to facilitate public access to the riverside to increase the amount of open space and improve its setting. 

POLICY BNE22 ENVIRONMENTAL ENHANCEMENT

Development leading to the protection and improvement of the appearance and environment of existing and proposed areas of development, transport corridors, open spaces and areas adjacent to the River Medway will be permitted.

Pollution

3.4.65 Pollution can be conceived as the infliction of harm to living organisms or interference with ecological systems. The council will consult the Environment Agency (or other relevant pollution control authorities) on potentially polluting development in order to avoid conflicting requirements being imposed on a developer and to prevent undesirable duplication of pollution controls.

Contaminated Land

3.4.66 The re-use of derelict land can contribute towards the revitalisation of urban areas and reduce the need to use fresh land outside built-up areas. However, such land might be contaminated and require treatment. New development may need to incorporate measures for adequate protection from contamination. The best way of minimising any associated risks is to ensure that sites which may be contaminated are identified at an early stage. A risk assessment, and any necessary investigations, will then need to be carried out by the developer, and the results evaluated. Mitigation measures will need to be agreed before there is a decision on the particular form of development to be proposed. 

POLICY BNE23: CONTAMINATED LAND

Development on land known or likely to be contaminated or affected by adjacent or related contamination must be accompanied by the findings of a detailed site examination to identify contaminants and the risks that these might present to human health and the wider environment. Appropriate measures to reduce, or eliminate, risk to building structures, services and occupiers of the site and of adjoining sites must be agreed. Such remedial measures must be satisfactorily implemented before the development is occupied.

Notifiable Installations

3.4.67 Certain sites and pipelines are designated as Notifiable Installations by virtue of the quantities of hazardous substance present. The siting of such installations will be subject to planning controls, for example under the Planning (Hazardous Substance) Regulations 1992 and the Planning (Control of Major Accident Hazards) Regulations 1999, aimed at keeping these separated from housing and other land uses with which such installation might be incompatible from the safety viewpoint. In accordance with Circular 11/92 the council will consult the Health and Safety Executive (HSE), as appropriate, about the siting of any proposed Notifiable Installations.

3.4.68 The area already contains a number of installations handling notifiable substances, including pipelines. These are listed in Appendix 4. Whilst they are subject to stringent controls under existing health and safety legislation, it is considered prudent to control the kinds of development permitted in the vicinity of these installations. For this reason the council has been advised by the HSE of consultation distances for each of these installations. In determining whether or not to grant planning permission for a proposed development within these consultation distances the council will consult the HSE about risks to the proposed development from the Notifiable Installation in accordance with Circular 11/92.

Air Quality

3.4.69 Policy BNE2 relates to the localised amenity considerations of airborne emissions. However, some larger scale development proposals may result in harmful airborne emissions which are subject to separate pollution control regimes. In these circumstances the council will consult the pollution control authorities to ascertain whether pollution control criteria can be met.

3.4.70 In the case of air pollution, two areas of control exist outside the planning regime. The first is Integrated Pollution Control (IPC) which is regulated by the Environment Agency and concerns industrial processes with the greatest pollution potential. The second is Local Authority Air Pollution Control (LAAPC) which applies to other prescribed processes not covered by IPC. The Environmental Health section of the Development and Environment directorate of Medway Council will therefore be consulted in relation to development proposals subject to LAAPC. 

POLICY BNE24: AIR QUALITY

Development likely to result in airborne emissions should provide a full and detailed assessment of the likely impact of these emissions. Development will not be permitted when it is considered that unacceptable effects will be imposed on the health, amenity or natural environment of the surrounding area, taking into account the cumulative effects of other proposed or existing sources of air pollution in the vicinity.

Development in the Countryside

3.4.71 As a valuable resource, the countryside needs to be protected for its own sake. The loss of countryside to encroaching urbanising development must, therefore, be resisted. Nevertheless, the countryside supports a range of activities and some necessary change is to be expected as activities develop or decline. In particular, national agricultural policy has altered, land is being taken temporarily out of agricultural production and diversification of rural enterprises may be required to help sustain the economy in rural areas.

3.4.72 The agricultural industry is the major user and manager of land in the countryside, but the amount of agricultural land in permanent production has decreased owing to the Common Agricultural Policy. Financial support for agricultural production is falling and farmers increasingly need to diversify their operations. At the same time, some new types of employment can locate in villages. The pleasant rural environment is an attraction, and new enterprises can bring employment and boost the rural economy. Diversification adds to the rural economy’s vitality but it needs to be undertaken sensitively to avoid destroying the rural character that attracted it there in the first place. It should be borne in mind that as land use in the countryside diversifies, this need not be at the expense of wildlife. Change can, and should, positively contribute to biodiversity if appropriately planned.

3.4.73 A balance needs to be struck between the requirement to protect the countryside (by maintaining and enhancing its environment), and the need to support rural activities and communities. To strike this balance, only certain forms of development will be allowed in the countryside. The categories of allowable development strongly reflect policy RS5 of the structure plan.

3.4.74 Outdoor and informal recreational activity in the countryside is one activity for which provision is made. Any built development connected with such a use will need to be ancillary and small in scale, unobtrusively located and not damage rural amenity. Major new sports arenas or stadia would need an exceptional justification to be located in the countryside. Primarily indoor leisure or recreation facilities are not appropriate and, therefore, should be located within, or on the edge of, town centres under the terms of policy L2.

3.4.75 Diversification of the rural economy by the introduction of employment or other uses into existing rural buildings is another permissible exception to the usual policy of restraint in the countryside. This is, however, subject to detailed conditions being fulfilled, as set out in policy BNE27 below.

3.4.76 There are few significant institutional complexes in rural Medway. The main example is at Chattenden Barracks, although there are other military facilities nearby (for example at Upnor and on the edge of Wainscott). More detail on the approach taken to Chattenden is given in the preamble to policy S14.

3.4.77 Existing dwellings in the countryside may be adapted and, if necessary, rebuilt to meet residential needs. However, any proposals must respect their countryside setting, and, in particular, will need to be of an appropriate scale and appearance. Normally any rebuilding or modest extension (or annex) to a dwelling permitted under criterion (vi) of policy BNE25 below would not be expected to result in more than a 25% increase over the original dwelling’s floorspace. It is, however, recognised that this is a nominal figure and proposals will be determined on a case-by-case basis. The exact proportion of any net increase in dwelling size that could be allowed is dependent upon the scale, character and location of the dwelling involved. An extension’s design, size and position on the existing dwelling and its impact on the character of the surrounding countryside will also be influencing factors.

3.4.78 On the rare occasions when an institutional or public use needs to be located in the countryside, a supporting statement from the body involved should accompany any planning application, explaining why the use cannot be situated in an urban area, including an analysis of alternative sites considered, and justifying why the proposed site has been chosen.

3.4.79 In the rural area, development comprising jobs, shopping, leisure and services should mainly be focussed in or near to local service centres to help ensure that it is served by public transport and provides some potential for access by walking and cycling. The Local Plan identifies Hoo St. Werburgh as the preferred location for a significant increase in housing due to the presence of a wide range of services and any necessary additional services will also need to be focussed upon this settlement. Development proposed elsewhere in the rural area will need to meet the sustainability access requirements set out in section (i) of policy BNE26.

3.4.80 Small scale development will not warrant rejection on highway or access grounds if it gives rise to only modest additional daily vehicle movements and the impact on minor roads would not be significant. 

POLICY BNE25: DEVELOPMENT IN THE COUNTRYSIDE

Development in the countryside will only be permitted if:

(i) it maintains, and wherever possible enhances, the character, amenity and functioning of the countryside, including the river environment of the Medway and Thames, it offers a realistic chance of access by a range of transport modes; and is either;

(ii) on a site allocated for that use; or

(iii) development essentially demanding a countryside location (such as agriculture, forestry, outdoor or informal recreation); or

(iv) a re-use or adaptation of an existing building that is, and would continue to be, in keeping with its surroundings in accordance with Policy BNE27; or

(v) a re-use or redevelopment of the existing built-up area of a redundant institutional complex or other developed land in lawful use; or

(vi) a rebuilding of, or modest extension or annex to, a dwelling; or

(vii) a public or institutional use for which the countryside location is justified and which does not result in volumes of traffic that would damage rural amenity.

The countryside is defined as that land outside the urban and rural settlement boundaries defined on the proposals map.

Diversification of the Rural Economy

3.4.81 To support and diversify the rural economy, allowance is made in policy BNE26 for business development through the reuse of existing buildings. Structure plan policy RS4 allows “new build” business development within or on the edge of villages, but the scale, location and design of such development needs careful consideration in order to safeguard their settings. There are already many employment sites within the rural areas, including Grain, Kingsnorth, Hoo, and Halling and there are proposals in this plan for further employment opportunities at some of these locations. Also, with the possible exception of Grain, no part of the countryside is remote from urban areas where the majority of employment opportunities are concentrated. Development away from villages, except in established employment areas, would constitute sporadic development. Development in or on the edge of a village on the other hand would be within walking distance for local people and could, therefore, reduce reliance on the private car for journeys to work.

3.4.82 Business development at villages will be permitted provided that it is of a scale appropriate to the size of the village. Development of a larger scale will only be permitted in exceptional circumstances where justification is given, either because the scheme answers local employment needs or because the development has some clearly identifiable requirement to be situated in a rural settlement. The definition of small scale in these circumstances will depend on the local situation and the impact of development on a particular settlement. A small scale business will be one that can be absorbed and integrated into a settlement in visual, functional and employment terms. The council will, in its assessment of proposals, take into account the physical scale and visual appearance of the development in its proposed setting, any highways implications, community and employment effects and conservation issues.

3.4.83 The likely catchment area of business developments can be closely related to their scale. In general terms the larger number of staff employed on site, the greater the need to ensure that the development is accessible by public transport, walking and cycling. This may mean locating larger employment uses in or near to a local service centre. 

POLICY BNE26: BUSINESS DEVELOPMENT IN RURAL SETTLEMENTS

Business development proposed for sites within or on the edge of villages and other rural settlements, as defined on the proposals map, will only be permitted when the development is either:

(i) small in scale, appropriate to the size of the settlement, and without detriment to the amenity, character or setting of the village; or

(ii) if not small scale, then justified by an overriding objective to meet local employment needs, essentially requiring a rural settlement location, having minimal detrimental impact on the character and amenity of the settlement, not resulting in volumes of traffic that would significantly damage rural amenity and accessible by public transport, walking and cycling.3.4.84 The adaptation of existing buildings in the countryside provides opportunities for the introduction of commercial, tourism, recreational and other activities to assist in diversifying the economy. Allowance is made for this type of development to occur under criterion (iv) of policy BNE25.

3.4.85 The introduction of a new activity can often alter the nature of the building and its surroundings. In particular, residential conversions will often involve extensive alterations to the fabric of the building, which is more likely to be detrimental to its character than is required for other changes of use. The associated domestication of the curtilage may also harm the setting of the building. Moreover, conversions to tourism, recreational or other commercial uses would benefit the rural economy more than residential use.

3.4.86 It is important to ensure that normal policies protecting the countryside are not undermined. Consequently, support for the reuse and/or adaptation of buildings, including more modern buildings, will be limited to those which are both of permanent construction and do not need major rebuilding (due to their being in a poor physical condition). When some structural alteration is involved, planning conditions may be used to improve the external appearance of that building and its setting. Normally any extension would not be expected to result in more than a 25% increase over the original building’s floorspace. However, this is a nominal figure and proposals will be determined on a case-by-case basis. Many buildings situated in the countryside add to local character because they are of traditional design and use local materials. These features should not be destroyed in any change of use, adaptation or extension. Furthermore, when a change of use of agricultural buildings to non-agricultural purposes is proposed, this is likely to be subject to conditions withdrawing permitted development rights for new farm buildings (in respect of the particular agricultural unit involved) so that a proliferation of farm buildings in a locality can be avoided. 

POLICY BNE27: RE-USE OF BUILDINGS IN THE COUNTRYSIDE

Development involving the re-use or adaptation of an existing building in the countryside will be permitted provided that:

(i) the building is of a permanent, substantial construction and will not need major or complete reconstruction; and

(ii) the form, bulk and design of the building will be in keeping with its rural surroundings; and

(iii) the building’s character, any special features of architectural and historic value or its setting are not damaged; and

(iv) the nature, scale and intensity of the proposed use is not detrimental to residential and/or rural amenity, or the character of the area; and

(v) the development does not lead to a dispersal of activity on a scale likely to prejudice town or village vitality; and

(vi) when the re-use is to be residential, then either:

(a) it is demonstrated that every reasonable attempt has been made, without success, to secure a suitable business re-use for that property; or

(b) the residential element is a subordinate part of the scheme for business re-use.