Farm diversification
3.4.87 Reform of the Common Agricultural Policy is bringing farmers closer
to the market-place, through farm-based enterprises supplying niche markets
such as regional and speciality foods, the larger scale group collaborations
such as central fruit and vegetable packing operations and grain stores.
These ventures can add value to local produce. Farmers increasingly look
to diversify beyond the agricultural industry in order to supplement their
incomes. Much farm-based work is now concerned with activities such as
woodland management, farm shops, equestrian businesses, sporting facilities,
nature trails, craft workshops and holiday accommodation. This provides
potential benefits for the local economy and environment. It may be preferable
for such development to re-use existing farm buildings, although appropriate
new buildings may also be acceptable. The siting of new agricultural buildings
should take account of the operational needs of farming.
3.4.88 The purpose of farm diversification is to supplement farm income
in order to maintain the viability of the agricultural holding as a whole.
The non-agricultural activity should remain a part of the farm enterprise
so that it acts as a continuous revenue source to sustain the farm in
the long term. The relationship of the proposed new activity to the farm’s
future economic viability and operation will, therefore, need to be demonstrated.
The proposed diversification should not be detrimental to rural character
or amenities, including the levels of traffic and activity generated.
3.4.89 Proposals for diversification should clearly indicate that they
will not harm rural character nor be detrimental to local amenity, be
of an acceptable scale, and be accessible to a choice of modes of transport.
Proposals will be measured against the provisions of policies BNE25, 26
and 27. Medway Council will seek “farm strategy statements”
to accompany applications for farm diversification. These farm strategy
statements should describe the farm holding (usually with an accompanying
map), set out the existing farm’s activities, and demonstrate how
the proposed new activity would integrate with and sustain the agricultural
holding in the long term. These statements need not be lengthy or complex
documents, but they should provide an informative context in which the
planning application can be considered. Planning obligations may be sought
in order to ensure that the diversifying activity is kept as a subsidiary
part of the farming operation.
POLICY BNE28: FARM DIVERSIFICATION
Development related to farm diversification will be
permitted when the development:
(i) will not harm rural character or amenity; and
(ii) helps to maintain agriculture as the main land
use on the farm holding; and
(iii) the design and scale of development is appropriate
to its rural surroundings; and
(iv) is sustainable in terms of traffic generation and
accessibility to a choice of modes of transport.
A farm strategy statement will be sought which demonstrates
that agriculture will remain the principal land use.
3.4.90 Farm shops are one possible form of farm diversification. It is
possible for a farm shop to operate without the need for planning permission,
provided only a small proportion of the goods sold are not produced on
the farm itself. In situations where a farm shop is ancillary to a main
farm operation, it can perform a vital function for a rural area, by providing
fresh produce, new jobs and services, and helping to diversify the rural
economy. However, when a farm shop is no longer ancillary to the farm
operation, it requires planning permission. The nature of the activity
could result in extra traffic, create harm to amenity, and constitute
a significant retail activity in the countryside. This would contradict
the principles of sustainability, being located away from centres of population
and depending upon car borne customers. The farm shop may also have an
adverse effect upon the viability of nearby village shops, which policy
R10 seeks to protect.
POLICY BNE29: FARM SHOPS
Farm shops will be permitted if they:
(i) help maintain agriculture as the main land use on
a farm holding; and
(ii) are sympathetic to the rural environment in their
scale, design and use of materials, such that they do not detract from
the visual amenity of the locality; and
(iii) do not undermine the viability of a nearby village
shop, and do not result in traffic effects that damage rural amenity
or highway safety.
Metropolitan Green Belt
3.4.91 The Metropolitan Green Belt has its origins in regional planning
policy and is designed to resist urban sprawl into the rural area around
London. PPG2 gives five purposes for including land in the Green Belt,
namely:
(i) to check the unrestricted sprawl of large built-up areas;
(ii) to prevent neighbouring towns from merging into one another;
(iii) to assist in safeguarding the countryside from encroachment;
(iv) to preserve the setting and special character of historic towns;
and
(v) to assist in urban regeneration, by encouraging the recycling of
derelict and other urban land.
3.4.92 In Kent, the Metropolitan Green Belt has helped to preserve the
open countryside between the edge of Greater London and the urban areas
of Medway, Maidstone, Tunbridge Wells, Sevenoaks and Tonbridge. At a more
local level, it has helped maintain the open area between Medway and Gravesend.
3.4.93 Policy MGB1 of the Kent structure plan defines the general extent
of the Green Belt in Kent. It indicates that the Green Belt should extend
about 15 miles from built-up Greater London, that is, to the east of Gravesend,
to the west of Rochester and to the west of West Malling. This general
extent is well established, remaining unaltered since the 1990 Kent structure
plan. National planning guidance has also made it clear that only in exceptional
circumstances should a change be made to the general extent of Green Belts.
The detailed boundaries of Green Belts are established in local plans.
3.4.94 The council considers that there are currently no exceptional
circumstances to justify an alteration to the Metropolitan Green Belt
boundary shown in the Medway Towns local plan 1992, and it has therefore
been carried forward into this plan.
3.4.95 Within the Metropolitan Green Belt there is a general presumption
against what is termed “inappropriate development” in PPG2.
There is, therefore, a tighter regime regulating development to augment
policy BNE25. It should be remembered, however, that the use of land in
Green Belt areas also has a positive role to play in: providing opportunities
for public access and recreation; retaining attractive landscapes or improving
landscapes near to people’s homes; improving damaged and derelict
land near settlements; securing nature conservation interests; and retaining
land in agriculture, forestry and related uses. Many of these roles will
be secured by the application of other policies in the plan.
POLICY BNE30: METROPOLITAN GREEN BELT
Within the Metropolitan Green Belt, as defined
on the proposals map, there is a general presumption against inappropriate
development. Development will not be permitted unless the following
objectives are fulfilled:
(i) it is designed and sited so that the open character
of the area is maintained; and
(ii) it accords with the purposes of including land
in the Green Belt.
(iii) new buildings will only be permitted for the following
purposes:
(a) agriculture or forestry; or
(b) essential small scale facilities for outdoor sport
or recreation, for cemeteries or other land uses that fulfil the above
objectives; or
(c) a limited extension, alteration or replacement
of an existing building; or
(d) limited infilling within the village boundary
of Upper Halling.
(iv) the reuse of buildings will only be permitted if:
(a) the development fulfils the above objectives,
taking into account any proposed extension to the buildings and any
associated uses of land surrounding the buildings; and
(b) the buildings are of permanent and substantial
construction, and are capable of conversion without major or complete
reconstruction; and
(c) the form, mass and general design of the buildings
are in keeping with their surroundings.
Strategic Gap
3.4.96 Policy MK5 of the structure plan seeks to maintain the separation
of Medway from Maidstone and the Medway Gap urban area (including the
settlements on the east and west sides of the River Medway). The policy
explains that development within the gap should be prevented where that
development would significantly expand existing settlements. A “strategic
gap” needs to be designated in local plans.
3.4.97 The policy is intended to apply both to the expansion of existing
settlements and free standing developments which would erode the open
character of the countryside and undermine its function of maintaining
the separation of the existing settlements.
3.4.98 The boundaries of the strategic gap have been defined on the proposals
map. It extends eastwards from the Metropolitan Green Belt to maintain
the separation of Halling, North Halling, Cuxton and Strood from each
other on the west bank of the River Medway. East of the river, the strategic
gap covers the area immediately south of the Medway urban boundary, encompassing
the Nashenden Valley and land immediately south of the M2 motorway in
the Brooms Wood area.
POLICY BNE31: STRATEGIC GAP
Within the strategic gap, as defined on the proposals
map, development will only be permitted when it does not:
(i) result in a significant expansion of the built confines
of existing settlements; or
(ii) significantly degrade the open character or separating
function of the strategic gap.
Landscape
3.4.99 The physical landform of Medway is very varied. The River Medway
cuts through the North Downs and flows through the urban area into the
expansive waterscape of the Medway estuary. To the north of the River
Medway is the low ridge of the Hoo Peninsula, surrounded by flat marshland
and the Medway and Thames estuaries. On the southern shore of the Medway
estuary is the Gillingham Riverside area. This is a flat area of farmland
which is particularly important as it provides a rural setting to both
the estuary and the northern edges of Twydall and Rainham. To the south
of the urban area are the rolling hills of the North Downs, a renowned
landscape feature. There are several “green lungs” that penetrate
into the heart of the urban area and other green hillsides and backdrops
that perform a significant function, providing an open break in an otherwise
heavily built-up, urban area.
3.4.100 A hierarchy of particularly attractive and important landscape
areas can be identified. These areas merit specific policies to protect
their landscape qualities. That part of the nationally important Kent
Downs Area of Outstanding Natural Beauty within Medway covers the land
immediately to the south of the urban area. There are landscapes of importance
to Kent, namely the Special Landscape Areas identified by the Kent structure
plan. There are also locally important landscape areas which are significant
for local amenity and environmental quality in and around Medway. Many
are important to the setting of the conurbation.
Area of Outstanding Natural Beauty
3.4.101 Areas of Outstanding Natural Beauty (AONBs) are designated by
the Countryside Commission under the National Parks and Access to Countryside
Act 1949 and are formally recognised as areas of national landscape importance.
Part of the Kent Downs AONB extends into Medway, immediately to the south
of the urban area. With the assistance of Medway Council, a management
plan is currently being prepared to further the interests of the Kent
Downs AONB as a whole.
3.4.102 Conservation of the natural beauty of the countryside, and of
its wildlife and cultural heritage, should be given great weight in planning
policies and development control decisions in Areas of Outstanding Natural
Beauty. Due regard should be had to the economic and social well-being
of local communities. Special considerations apply to major development
proposals, which are more national than local in character. Major development
should not take place in Areas of Outstanding Natural Beauty save in those
exceptional circumstances. Because of the serious impact that major developments
may have on these areas, applications for all such developments must be
subject to the most rigorous examination. Major developments should be
demonstrated to be in the public interest before being allowed to proceed.
Consideration of such applications should therefore normally include an
assessment of:
(i) The need for the development, in terms of national considerations,
and the impact of permitting it or refusing it upon the local economy;
(ii) the cost of and scope for developing elsewhere outside the area or
meeting the need for it in some other way;
(iii) any detrimental effect on the environment and the landscape, and
the extent to which that should be moderated;
(iv) any construction or restoration should be carried out to high environmental
standards.
POLICY BNE32: AREAS OF OUTSTANDING NATURAL BEAUTY
Development within the Kent Downs Area of Outstanding
Natural Beauty, as defined on the proposals map, will only be permitted
when it conserves the natural beauty, wildlife and cultural heritage
of the area.
Major development will only be permitted in exceptional
circumstances and will be considered against the following criteria:-
(i) The national need;
(ii) Impact on the local economy,
(iii) The cost and availability of alternative
sites or other means of meeting the need,
(iv) Any detrimental impact on the environment
or landscape,
(v) The environmental standard of the proposed
construction or restoration.
Special Landscape Areas
3.4.103 Attractive landscapes of countywide significance are classified
as Special Landscape Areas (SLAs) under policy ENV4 of the Kent structure
plan. In Medway there are two SLAs, the North Downs and the North Kent
Marshes, with the former being contiguous with the Kent Downs AONB. The
council will aim to protect the natural beauty of these areas. Development
which undermines this aim will only be considered if significant social
or economic benefits would result. These social or economic benefits would
be expected to have a countywide significance.
POLICY BNE33: SPECIAL LANDSCAPE AREAS
Development within the North Downs and the North Kent
Marshes special landscape areas, as defined on the proposals map, will
only be permitted if:
(i) it conserves and enhances the natural beauty of
the area’s landscape; or
(ii) the economic or social benefits are so important
that they outweigh the county priority to conserve the natural beauty
of the area’s landscape.
Areas of Local Landscape Importance
3.4.104 There are several areas of landscape that enhance local amenity
and environmental quality, providing an attractive setting to the urban
area and surrounding villages. These locally significant landscapes are
shown on the proposals map as Areas of Local Landscape Importance (ALLIs).
Some of these areas form part of the green hillsides and backdrops of
the urban area, which are recognised in the Thames Gateway Planning Framework
as a particularly important environmental resource.
3.4.105 These ALLIs are significant not only for their landscape importance,
but also for other important functions:
(i) As green lungs and buffers, helping to maintain the individual
identity of urban neighbourhoods and rural communities:
(ii) As green corridors (or links) for the community to reach the wider
countryside;
(iii) As edge or “fringe” land, needing protection from
the pressures of urban sprawl; and
(iv) As habitats for wildlife and corridors, along which wildlife from
the wider countryside can reach the urban environment.
3.4.106 There is therefore a need to protect the landscape character
and functions of each of the designated ALLIs.
3.4.107 Justification for designating each ALLI is set out below. This
provides guidance on the landscape features and functions that the council
will aim to protect. The council is in the process of producing a comprehensive
landscape and urban design framework (see policy S4) which will give further
details on the landscape features and character of the ALLIs:
(i) HOGMARSH VALLAY
Location and character
Undulating, open farm land and distinctive wooded hilltops extending
north from Frindsbury and Medway City Estate to Chattenden.
Function
Forms a green buffer separating, and providing an attractive green backdrop
for the built-up areas of Medway City Estate, Frindsbury, Wainscott,
Lower and Upper Upnor and Chattenden.
Provides an attractive setting for a major gateway within the borough
– the Medway Towns Northern Relief Road, contributing towards
a positive image of Medway.
Connects all ALLIs at Chattenden Ridge, Deangate Ridge and Cockham Farm
Ridge.
Provides an attractive setting for Manor Farm and Upnor conservation
areas.
(ii) CHATTENDEN RIDGE
Location and character
Prominent wooded ridge extending NE from Chattenden and Cliffe Woods
towards High Halstow.
Function
An important landscape feature forming the backbone of the Hoo Peninsula
Attractive setting to the rural settlements (Cliffe Woods and High Halstow)
and countryside of the Hoo Peninsula.
Forms an attractive screen to the RSME training areas.
(iii) DEANGATE RIDGE
Location and character
High Ridge with a diverse landscape of woodland, agriculture, orchards
and golf course, adjacent to the A228 near Hoo St Werburgh.
Function
Separates and screens RSME training areas from Hoo St Werburgh.
Fulfils a significant recreational and visual amenity role.
Creates an attractive setting for the A228.
Important to the setting of any possible future development of the RSME
site.
(iv) COCKHAM FARM RIDGE
Location and character
Prominent wooded ridge extending east from Lower Upnor to Hoo St Werburgh
along the north shore of the River Medway, and rolling agricultural
landscape sloping gently towards Hoo St Werburgh.
Function
Forms a green, elevated backdrop to Chattenden, Hoo St Werburgh, Hoo
Marina and River Medway when viewed from Chatham Maritime.
Separates and strengthens the individual identities of Upnor, Chattenden,
Hoo St Werburgh and Hoo Marina.
Forms the northern shoreline and an attractive green backdrop to the
river and the urban area.
Only stretch of wooded shoreline to River Medway within borough.
(v) DILLYWOOD LANE
Location and character
A gently undulating, visually diverse area of orchards and mixed farmland.
Extends from the NW edge of Strood and Wainscott to the borough boundary.
Function
Creates an attractive, rural setting to the Medway Towns Northern Relief
Road, contributing to the positive image of the borough.
Connects to the South East of Higham Upshire ALLI in Gravesham.
Constitutes an established rural landscape in close proximity to a large
urban area.
Helps to maintain separate identity of Higham.
(vi) HALLING COMMON
Landscape and character
Area of flat marshland abutting Halling village, highly visible from
the slopes of the Medway valley.
Function
Important to the rural landscape setting of Halling (and Wouldham on
the other side of the River Medway in Tonbridge and Malling borough).
Connects to the similar landscape of Wouldham Marshes ALLI in Tonbridge
and Malling borough.
Defines edge of Halling preventing urban sprawl, and encroachment towards
riverbank.
Contributes to attractive views from the railway and river.
(vii) CUXTON BRICKFIELDS
Location and character
Visually prominent area rising from marshes along River Medway up to
the Kent Downs AONB. Includes former Cuxton Chalk Pits 1 and 2 now landscaped.
Adjacent land affected by M2/CTRL works will take time to recover, so
protection of this landscape is important.
Function
Maintains the separation between Strood and Cuxton, helping to retain
individual identity.
Contributes towards the setting of Cuxton Village.
Extremely prominent from A228, M2, CTRL, Medway valley railway and the
river – when approaching or passing through the borough. Forms
a gateway to the urban area to be preserved and enhanced. For
ms a green backdrop to Medway Valley Park from across the river in Borstal
and Rochester.
Creates a visual link and balance with the Kent Downs AONB on the other
side of the river.
(viii) NASHENDEN VALLEY
Location and character
Prominent, steeply sloping chalk scarp rising from M2 towards Borstal.
Function
An important local landscape feature visible from M2 and CTRL.
Provides attractive, rural setting to the M2.
Forms a visual connection with southern side of valley, within Kent
Downs AONB.
Provides open setting to Fort Borstal Scheduled Ancient Monument.
Forms a green backdrop to the urban area.
(ix) TADDINGTON WOOD and BEECHEN BANK
Location and character
Attractive, well wooded valley areas extending into Walderslade and
Lordswood.
Function
Provide valuable green breaks in the surrounding urban development.
Conceal and provide a setting for urban development at Walderslade and
Lordswood.
Beechen Bank connects to an ALLI in Maidstone borough.
(x) HORSTED VALLEY
Location and character
Finger of open space extending from A229 close to Rochester Airport,
to Luton, including Coney and Daisy Banks.
Function
Provides a valuable open space close to a large urban area.
Defines urban areas, maintaining identities of separate communities.
Proves a green backdrop to SE side of valley which is generally built-up
(Wayfield Estate).
Provides open setting to Fort Horsted and Luton Scheduled Ancient Monuments.
(xi) CAPSTONE, DARLAND and ELM COURT
Location and character
A substantial tract of undeveloped land extending from the North Downs
as a green wedge into the heart of the urban area.
Function
Particularly attractive and important landscape feature defining urban
areas, and preventing coalescence of Lordswood/ Princes Park and Hempstead.
Contributes significantly to informal open space needs of the communities
which adjoin it.
Provides a rural landscape in close proximity to the urban area, bringing
the countryside into the town.
Provides a wider landscape setting for Capstone Farm Country Park.
Contributes to the setting of the Kent Downs AONB to the south and the
M2 motorway.
(xii) MEIRSCOURT/MERESBOROUGH
Location and character
Area of traditional Kentish farm landscape with country lanes on the
eastern periphery of the borough.
Function
It is important as a buffer zone, helping to counteract outward pressure
of urban sprawl and maintaining the separation of settlements. It is
a continuation of adjacent areas in Swale Borough which are subject
to a settlement separation policy in the Swale Borough Local Plan. ALLI
designation is consistent with Kent Structure Plan policy NK2, restricting
the outward expansion of the urban area onto fresh land east of Gillingham,
and with para. 6.15 of RPG9a, which specifically mentions the countryside
north and east of Gillingham as being particularly important in the
context of urban fringe land providing valuable countryside and recreation
opportunities.
(xiii) GILLINGHAM RIVERSIDE
Location and character
Rural landscape of orchards and arable fields with country lanes. Situated
to the north of Rainham and Twydall, adjacent to the River Medway.
Medway Towns Northern Relief Road forms the western boundary.
Function
Forms an important green buffer separating the built-up areas of Twydall
and Rainham from areas of international importance for nature conservation
and recreation along the Medway estuary.
Enhances the setting of the Medway Towns Northern Ring Road on the western
boundary, and allows attractive views from the river and railway.
Provides residents within an extensive urban area with access to an
attractive, rural landscape.
Provides an attractive setting to the Lower Rainham and Lower Twydall
conservation areas.
Contains a number of orchards, mature hedgerows and farm groups complementing
and contributing to the Riverside Country Park.
Forms a green backdrop when viewed from the Medway Estuary.
(xiv) GREAT AND LOWER LINES
Location and character
Prominent open areas of historical interest, associated with fortifications
between Gillingham, Chatham and Brompton.
Function
Provide valuable open space in contrast to heavily built-up areas around
them, with fine views over Strood, Rochester and Chatham.
Contributes to the setting of Brompton conservation area.
Defines the western edge of Gillingham, maintaining the separate identities
of Gillingham and Brompton.
Great Lines forms an attractive green backdrop to Chatham town centre.
(xv) CLIFFE POOLS AND PITS
Location and character
Distinctive, complex landscape of man-made lagoons and chalk pits west
of Cliffe. The area is gradually reverting to a more natural appearance
with well vegetated margins, spits and islands.
Function
Connects the extensive North Kent Marshes Special Landscape Area with
the North Kent Marshes ALLI in Gravesham.
Industrial activities remain but the role of the ALLI is to inhibit
further destruction of the landscape, protect the natural recovery that
has occurred, and encouraged further positive efforts to restore the
landscape.
Complements the proposals for a Conservation Park within the area.
(xvi) BROOMS WOOD
Location and character
Belt of remnant ancient woodland lying immediately south of Parkwood
and Rainham, next to the M2.
Function
Provides a buffer and attractive screen to the M2 from adjacent residential
areas.
Forms an attractive setting to the motorway as it passes through the
borough, and reduces its impact on the countryside.
Forms an important visual link with blocks of woodland on the other
side of the M2 (within the Kent Downs AONB).
POLICY BNE34: AREAS OF LOCAL LANDSCAPE IMPORTANCE
Within the Areas of Local Landscape Importance defined
on the Proposals Map, development will only be permitted if:
(i) it does not materially harm the landscape character
and function of the area; or
(ii) the economic and social benefits are so important
that they outweigh the local priority to conserve the area’s landscape.
Development within an Area of Local Landscape importance
should be sited, designed and landscaped to minimise harm to the area’s
landscape character and function.
Nature Conservation
3.4.108 Medway contains an outstanding wildlife resource that has an
important role to play in maintaining biodiversity. Biodiversity is the
range in variation of living species and their habitats, and this extends
from the local level up to the global scale. It is Government policy that
biodiversity be conserved for its own sake as detailed in the “UK
Biodiversity Action Plan”. Indeed, the Kent Biodiversity Action
Plan has been drawn up to reflect these ideals and the Kent Wildlife Habitat
Survey reveals that 10,960 hectares (53.4%) of Medway is semi-natural
habitat.
3.4.109 Medway Council takes very seriously its responsibility to conserve
wildlife resources. A wildlife and countryside strategy is being prepared
which will be used as a basis for the management of the natural environment,
supplementing the local plan, and including measures to actively manage
sites to improve their wildlife interest. Furthermore, in certain instances,
positive management of areas can be achieved through the use of planning
obligations in association with development proposals.
Critical Nature Conservation Sites
3.4.110 The nature conservation sites protected under policy BNE36 represent
some of the most valuable wildlife habitat in the country, with much of
it being of acknowledged or potential international importance. The nature
conservation sites safeguarded by policy BNE37 are of at least local significance
for the Medway area, and most are of strategic importance for Kent. The
protection of these sites, with the habitat and the wildlife they include,
is held to be critical. This is because the habitat of these sites, and
the associated wildlife, are highly valued and will usually prove to be
irreplaceable if lost to development. PPG12 indicates that where an environmental
impact may be irreversible or very difficult to undo, this should be treated
with particular care in the preparation of development plans, because
future generations may value the lost environmental resource more than
the development that replaced it.
3.4.111 It is clearly desirable that development should avoid causing
environmental damage to these recognised nature conservation sites, and
it is the intention to provide strong planning policy safeguards. In particular,
those nature conservation sites of strategic, national or international
importance should be afforded long term protection, meaning that planning
policy should work to protect them beyond the local plan period. When
a development is exceptionally justified (so that it is to be permitted
despite it having a detrimental impact on the protected interests), then
environmental compensatory measures are required. These compensatory measures
will need to be of a scale and quality to reflect the high and critical
value of those nature conservation resources that would be lost.
3.4.112 Overall, the general wildlife habitats and features of the area
are considered to comprise a “constant natural asset” that
should be maintained in order to safeguard biodiversity. Again, it is
desirable to avoid or minimise losses of these types of wildlife resources,
but if losses are unavoidable, compensatory measures should seek to maintain
the overall stock of affected species or habitats.
3.4.113 Compensatory measures should make good the loss of an environmental
feature by replacing it with a feature of at least equivalent value. Ideally,
like should be replaced with like. For example, destruction of a pond
should be compensated for by providing another pond of at least the same
size in a locality near to the original. It would normally be expected
that compensatory measures would be undertaken within, or immediately
adjoining, the development proposal. However, where this is not practicable,
or not desirable, mitigation measures should be implemented on alternative
land in the vicinity (that is either in the control of the applicant,
or by agreement with another party). The compensatory measures should
aim to recreate the function of the ecological feature being lost and
will involve an agreement to a defined management regime.
Sites of International Nature Conservation Importance
3.4.114 Internationally important nature conservation sites are:
(i) the Medway Estuary and Marshes, which are a classified Special
Protection Area (SPA) and a listed Ramsar site; and
(ii) the marsh land and mud flats on the north shore of the Hoo Peninsula,
which are part of the Thames Estuary and Marshes SPA and Ramsar site.
3.4.115 The First Secretary of State is obliged to classify SPAs under
the European Union Directive on the Conservation of Wild Birds and to
list Ramsar sites under the Convention on Wetlands of International Importance.
The designation process can take several years and PPG9 advises that a
precautionary approach should be applied in the interim, whereby potential
SPAs are treated as if they are designated when development proposals
that would affect them are under consideration. Policy BNE36 applies such
a precautionary approach to potential SPAs and, with policy BNE37, extends
this precautionary approach to other sites of substantial nature conservation
interest put forward during the lifetime of the plan.
3.4.116 The environmental effects of any proposed development in, or
close to, a SPA or Ramsar site will be subject to the most rigorous examination.
Environmental impact statements will be required to accompany planning
applications that could affect internationally important nature conservation
sites. The Secretary of State will normally call-in for his own determination
applications which are likely to significantly affect such sites.
3.4.117 A further type of site of international nature conservation importance
is a Special Area of Conservation (SAC) designated under the Habitats
Directive. Currently there are no designated or candidate SACs in the
area, but policy BNE36 will ensure that any subsequently selected sites
enjoy protection.
Sites of National Nature Conservation Importance
3.4.118 Sites of Special Scientific Interest (SSSIs) are notified by
English Nature. Biological SSSIs form a national series of sites for wildlife
conservation. Some SSSIs are also designated as National Nature Reserves,
whilst others are identified as key sites of national importance in the
nature conservation review and the geological conservation review published
by English Nature.
3.4.119 There are eight SSSIs in Medway:
(i) Medway Estuary and Marshes;
(ii) South Thames Estuary and Marshes;
(iii) Northward Hill;
(iv) Dalham Farm;
(v) Tower Hill to Cockham Wood;
(vi) Chattenden Wood;
(vii) Cobham Wood;
(viii) Halling to Trottiscliffe Escarpment.
3.4.120 The SSSIs mentioned at (i), (ii), (vii) and (viii) extend beyond
Medway. Northward Hill is also a National Nature Reserve. The national
importance of SSSIs means that development proposals in, or likely to
affect them, will be subject to Environmental Assessment.
Sites of Local Nature Conservation Interest
3.4.121 While SPAs, Ramsar sites and SSSIs represent internationally
and nationally important wildlife sites, there are many other sites that
need protection if the diversity of habitats and species in Kent is to
be maintained. Sites of Nature Conservation Interest (SNCIs) have been
identified by the Kent Wildlife Trust as being of county-wide importance.
In addition, local authorities may designate Local Nature Reserves (LNRs)
under Section 21 of the National Parks and Access to Countryside Act 1949.
LNRs recognise a site’s local significance in contributing to nature
conservation and to opportunities for the public to see, learn about and
enjoy wildlife.
3.4.122 Both SNCIs and LNRs are listed below. The Kent Wildlife Trust
has advised Medway Council that all these SNCIs are of countywide/strategic
importance. In some instances SNCIs and LNRs cover the same site. Those
sites marked * are owned by Medway Council.
Sites of Nature Conservation Interest:
(i) Grain Pit
(ii) South Hill and Houlder Quarry;
(iii) River Medway and Marshes, Wouldham;
(iv) Cuxton Wood (Mill Wood)*;
(v) Cuxton Pit;
(vi) River Medway between Cuxton and Temple Marsh (*part);
(vii) Bridge Woods, Burham;
(viii) Luton Banks*;
(ix) Hook Wood, Walderslade*;
(x) Great Lines*;
(xi) Darland Banks*;
(xii) Ambley and East Hoath Woods (*part);
(xiii) Grove Wood;
(xiv) South Wood*;
(xv) Berengrave Pit*;
(xvi) Yaugher Woods
(xvii) Princes Avenue
Local Nature Reserves:
(i) Baty’s Marsh*;
(ii) Yantlet Creek*;
(iii) South Wood*;
(iv) Berengrave Chalk Pit*;
(v) Rainham Dock (east)*;
(vi) Darland/Ambley Wood*;
(vii) Darland Banks*;
(viii) Darland Banks* (proposed extension);
(xiv) Cuxton Wood (Mill Wood)* (proposed);
(x) Ridgeway Banks* (proposed);
(xi) Dargets Wood (Beechen Bank)* (proposed);
(xii) Sindal’s Shaw* (proposed);
(xiii) Hook Wood* (proposed);
(xiv) East Hoath Wood (proposed);
(xv) Motney Marshes* (proposed);
(xvi) Motney Reedbeds* (proposed);
(xvii) Nor Marsh* (proposed);
(xviii) Foxburrow Wood* (proposed);
(xix) Levan Strice* (proposed);
(xx) Chestnut Wood* (proposed).
Any new area subsequently proposed or confirmed for these site designations
will be subject to Policy BNE37 pending detailed consideration of the
site through public consultation when the local plan undergoes review.
POLICY BNE35: INTERNATIONAL AND NATIONAL NATURE CONSERVATION SITES
International and National Nature Conservation Sites,
as defined on the proposals map, will be given long term protection:
(i) classified and potential Special Protection Areas
(SPAS);
(ii) listed and proposed Ramsar sites;
(iii) National Nature Reserves;
(iv) Sites of Special Scientific Interest.
Any new areas subsequently proposed or confirmed for
these designations will also be subject to this policy provision, as
would any subsequent proposed or designated Special Area of Conservation
(SAC).
Development that would materially harm, directly or
indirectly, the scientific or wildlife interest of these sites will
not be permitted unless the development is connected with, or necessary
to, the management of the site’s wildlife interest.
Development for which there is an overriding need will
exceptionally be permitted if no reasonable alternative site is (or
is likely to be) available. The overriding need will be judged against
the national and/or international ecological importance of the affected
nature conservation designation.
When a Special Protection Area or Special Area
of Conservation is affected this need must comprise imperative reasons
of overriding public interest. If the affected Special Protection Area
or Special Area of Conservation hosts a priority habitat or species,
then the need must relate to human health, public safety or beneficial
consequences of primary importance to the environment, or to other imperative
reasons of public interest established by the European Commission. In
such exceptional circumstances, the detrimental impact upon the scientific
or wildlife interest should be minimised and appropriate compensatory
measures will be required.
POLICY BNE36: STRATEGIC AND LOCAL NATURE CONSERVATION SITES
Strategic and Local Nature Conservation Sites, as defined
on the proposals map, will be given long term protection:
(i) Sites of Nature Conservation Interest;
(ii) Designated and proposed Local Nature Reserves.
Development that would materially harm, directly or indirectly, the
scientific or wildlife interest of these sites will not be permitted
unless the development is connected with, or necessary to, the management
of the site’s wildlife interest.
Development for which there is an overriding need will
exceptionally be permitted if no reasonable alternative site is (or
is likely to be) available. The overriding need will be judged against
the strategic and/or local importance of the affected nature conservation
designation. In such exceptional circumstances, the detrimental impact
upon the scientific or wildlife interest should be minimised and appropriate
compensatory measures will be required.
Nature Conservation outside Designated Sites
3.4.123 The wildlife heritage of Medway extends beyond the various designated
nature conservation sites mentioned above. These undesignated habitats
can sometimes contain statutorily protected or rare wildlife species.
Undesignated wildlife habitats can also be important to human enjoyment
and people’s sense of well-being. They often bring natural qualities
into man-made, urban and otherwise harsh environments.
3.4.124 Protection of undesignated habitats is important to maintain
the constant natural capital of the area. Undesignated habitats are significant
for maintaining biodiversity (that is, they can represent green corridors
or stepping stones for migration, dispersal and exchange of genetic material).
Examples of features of the landscape which are of major importance for
wild flora and fauna are:
(i) hedgerows, streams and ditches between fields;
(ii) uncultivated field margins, linear tree belts, shelter belts and
plantations;
(iii) ancient woodlands and semi-natural woodlands;
(iv) the Estuary and River Medway, including associated inter-tidal
areas and banks;
(v) ponds and lakes;
(vi) buildings inhabited by protected species
3.4.125 The Kent Wildlife Habitat Survey is a valuable source of information
on types of habitats, many of which are undesignated. Three types of undesignated
habitat are particularly important: the remaining areas of ancient semi-natural
woodland; the inter-tidal habitats of the River Medway and Medway’s
last remaining areas of calcareous (chalk) grassland. The nature of these
habitats are such that they are virtually irreplaceable. In addition,
on a national level, these three habitats have become important because
of their increasing rarity.
3.4.126 In accordance with policy BNE6, Medway Council will seek the
enhancement and incorporation of new wildlife resources and habitat management
within new developments.
POLICY BNE37: WILDLIFE HABITATS
Development that would cause a loss, directly or indirectly,
of important wildlife habitats or features not protected by policies
BNE35 and BNE36 will not be permitted, unless:
(i) there is an overriding need for the development
that outweighs the importance of these wildlife resources; and
(ii) no reasonable alternative site is (or is likely
to be) available if ancient woodland, inter-tidal habitats and calcareous
(chalk) grassland would be lost; and
(iii) the development is designed to minimise the loss
involved; and
(iv) appropriate compensatory measures are provided.
Wildlife Corridors and Stepping Stones
3.4.127 When development occurs, there may well be an opportunity to
enhance the network of wildlife habitats, so that green corridors and
stepping stones for species migration, dispersal and genetic exchange
are improved, helping to maintain and improve biodiversity. This may be
possible even within the urban area, by creating habitat links/stepping
stones from the wider countryside and from those protected green spaces
within the urban area (e.g. Areas of Local Landscape Importance). Such
green corridors/stepping stones could accompany or be a part of routeways
for new cycleways and footways created in the interests of sustainable
transport.
3.4.128 The council will seek to further these wildlife interests (augmenting
the provisions of policy BNE6) although it is recognised that not all
new development will be able to provide habitats if the provision would
be impracticable or add nothing to biodiversity. The council will prepare
supplementary planning guidance to identify where such wildlife corridors
and stepping stones exist and to demonstrate where (and how) enhancement
can be made.
POLICY BNE38: WILDLIFE CORRIDORS AND STEPPING STONES
Development should, wherever practical, make provision
for wild life habitats, as part of a network of wildlife corridors or
stepping stones.
Protection of Species
3.4.129 Certain plant and animal species are protected under statutes
and Government regulations(e.g. Wildlife and Countryside Act 1981, Protection
of Badgers Act 1992 and the Habitats Regulations 1994). The presence of
such protected species is a material consideration in the assessment of
development proposals. Protected species are not restricted to designated
nature conservation sites. Their occurrence can be unpredictable as their
population and breeding, roosting or feeding locations often change. Thus,
the characteristics of protected species mean that it is also necessary
to take account of their protection in undesignated sites. It will therefore
be important to carry out survey work where appropriate to establish the
presence of protected species, including the effect of seasonal factors
on their presence. Advice on protected species is available through local
offices of English Nature.
3.4.130 Protection in situ of protected species will be the primary aim,
with impacts mitigated through design and/or mitigation. Translocation
of species to another site, where practicable, will only be considered
as a last resort.
POLICY BNE39: PROTECTED SPECIES
Development will not be permitted if statutorily protected
species and/or their habitat will be harmed.
Conditions will be attached, and/or obligations sought,
to ensure that protected species and/or their habitats are safeguarded
and maintained.
Conservation Parks
3.4.131 The Thames Gateway Planning Framework (RPG9a) stresses that the
estuarine marshes of the Thames downstream of Gravesend and those of the
Medway are a key environmental asset, and points to the potential of “conservation
parks”. Such conservation parks could improve public access to,
and knowledge of, the nature conservation resources of the marshes, fostering
conservation and enhancement jointly with recreation and “green
tourism”. People could be attracted to these areas because of their
wildlife interest, but appropriate management would need to ensure that
the number of visitors did not cause damage. Ideally, visitors should
be encouraged to travel to the area by means other than the private car.
3.4.132 The opportunity for such a conservation park has been identified
on land to the west and north-west of Cliffe. Investigations and negotiations
have begun with landowners and interested groups to establish the conservation
park, and there is the need to protect the area from development that
would preclude or damage the potential of the park. This designation will
be underpinned by policy BNE34 which designates the area as an Area of
Local Landscape Importance (see paragraph 3.4.107, item (xv)). The conservation
park will need to achieve a proper balance between nature conservation,
recreation, historic and tourism interests. It has the potential to be
a “flagship”, quality scheme within Thames Gateway.
POLICY BNE40: CLIFFE CONSERVATION PARK
Development that would prejudice the implementation
of the proposed conservation park near Cliffe, as defined on the proposals
map, will not be permitted.
Trees and Woodlands
3.4.133 Individual trees, groups of trees and woodlands are features
of the natural environment that can make a valuable contribution to the
visual character of urban and rural landscapes. They also serve ecological
functions: they are important for biodiversity and recirculate soil nutrients.
Trees have a role in reducing air pollution by the removal of carbon dioxide
and by filtering airborne particulates, such as dust. The provision of
shade and shelter is a further benefit.
3.4.134 There is a recognised need to retain both individual and small
groups of trees that contribute to the character of the urban townscape.
Similarly, it is necessary to protect copses and woodland areas; many
of these are included in the Areas of Local Landscape Importance protected
by policy BNE34. Areas of ancient woodland in particular will have significant
nature conservation interest and are protected by either policies BNE35
and BNE36, if they are recognised nature conservation sites, or by policy
BNE37 elsewhere.
3.4.135 Medway has in the past, suffered substantial losses of trees
and woodlands in order to accommodate development. The council intends
to prevent any significant further loss and will seek to increase tree
cover wherever possible. This will be achieved by the protection of existing
trees and woodlands, by requiring additional tree planting in connection
with development proposals and by supporting initiatives for community
forests or woodlands.
Tree Preservation Orders
3.4.136 The council has powers to protect individual trees, groups of
trees or woodlands and to control works to those trees, including felling.
Many trees and woodlands are already protected by such Tree Preservation
Orders.
3.4.137 Trees above a specified size that are situated within Conservation
Areas also have a degree of protection, in that the council must be given
6 weeks notice of any intended works. This enables the council to serve
Tree Preservation Orders if it considers it expedient to do so.
POLICY BNE41: TREE PRESERVATION ORDERS
Tree Preservation Orders will be used to protect trees,
groups of trees and woodlands of important public amenity value. In
considering applications for works to protected trees, regard will be
had to:
(i) the future health and appearance of the trees and
woodlands;
(ii) where appropriate, requiring replacement planting
of felled trees, the planting of an increased number of trees and, ensuring
that the planting is incorporated in, and/or adjacent to, the site where
the trees are to be felled; and
(iii) resisting applications for clear felling of woodland
and requiring recoppicing or other woodland management to be carried
out in accordance with good arboricultural practice.
Hedgerows
3.4.138 Under the Hedgerow Regulations 1997, it is against the law to
remove certain countryside hedgerows without permission. A person who
wishes to remove, either entirely or in part, one or several hedgerows
that meet the criteria set out in the Regulations, must first notify the
council. Hedgerow removal does not simply mean the deliberate grubbing
out of hedgerows, but also includes other acts that result in the destruction
of hedgerows. The regulations do not apply to garden hedges, that is hedgerows
within or marking a boundary of the curtilage of a dwelling house.
3.4.139 Removal of hedgerows is permitted under the Regulations if it
is required to implement development for which planning permission has
been granted, or is deemed to have been granted, except for most instances
of “permitted development rights” under the Town & Country
Planning General Permitted Development Order 1995.
3.4.140 The Regulations presume in favour of protecting and retaining
important hedgerows, stating that the council should issue a Hedgerow
Retention Notice unless it is satisfied that there are particular circumstances
to justify the hedgerow’s removal. Criteria for determining whether
a hedgerow is important are laid out in the Regulations.
POLICY BNE42: HEDGEROW RETENTION
Important hedgerows will be retained and protected.
Trees on Development Sites
3.4.141 The retention of trees and other natural features, such as hedgerows,
as part of development proposals is also covered by the landscape design
policy BNE6. Development proposals on sites containing trees will often
need to be subject to negotiation to ensure that tree loss is minimised,
that trees of particularly important amenity value are retained and that
additional tree planting is achievable. This may need to include consideration
of the siting and design of buildings, hardstandings, drainage runs, roads
and footways. This is in order to avoid damage to the trees and the likelihood
of subsequent requests for the removal of trees intended for long term
retention, on the basis that buildings may be too close to them.
3.4.142 Accurate tree surveys will in most instances need to be submitted
by applicants. The council will require any tree loss to be compensated
by, for example, the planting of additional trees of appropriate species
and of semi-mature size (in cases where a mature tree is lost). If necessary,
compensatory planting may take the form of commuted payments to facilitate
tree planting or community woodland schemes elsewhere in Medway. All works
will be required to conform to the relevant British Standards.
POLICY BNE43: TREES ON DEVELOPMENT SITES
Development should seek to retain trees, woodlands,
hedgerows and other landscape features that provide a valuable contribution
to local character.
Community Forests and Woodlands
3.4.143 Community forests and woodlands offer valuable opportunities
for improving the environment around towns, by upgrading the landscape
and providing for recreation and wildlife. They also enable local communities
to have “ownership” by taking responsibility for their maintenance.
Their value to communities will be greatest when they adjoin the conurbation,
particularly when associated with significant new development, and where
they help to restore areas of damaged land. Policy ENV8 of the Kent structure
plan states that the designation of community forests and woodlands will
be investigated through local plans and, particularly pursued in Thames
Gateway. A number of potential community woodland sites have been identified
within the local plan:
(i) Grain Foreshore, Grain;
(ii) Avery Way, Allhallows;
(iii) Cuxton Wood (Mill Wood), Cuxton;
(iv) Six Acre Wood, Cuxton;
(v) May’s Wood, Cuxton;
(vi) Ridgeway Bank, Chatham;
(vii) Bishops Hoath Wood, Chatham;
(viii) Chestnut Wood, Chatham;
(ix) Dargets Wood, Chatham;
(x) Sindal’s Shaw, Chatham;
(xi) Hall Wood, Chatham;
(xii) Ballens Rough, Chatham;
(xiii) Hook Wood, Chatham;
(xiv) Bloors Lane Community Woodland, Rainham;
(xv) Centenary Wood, Hoo St. Werburgh
POLICY BNE44: COMMUNITY WOODLANDS
Development that would prejudice the implementation
of the proposed community woodlands, as defined on the proposals map,
will not be permitted.
The Coast
3.4.144 The coast is an important national resource. A range of economic
and social activities are dependent upon having a coastal location, yet
the coast often has landscape, wildlife and other attributes that merit
protection from development. The coastline is dynamic, changing through
erosion, deposition and flooding.
3.4.145 Within Medway the coast has an estuarine character of tidal waters
regularly inundating large expanses of mud flats and salt marsh, with
surrounding, flat, grazing marshland. Some areas of the coastline have
been developed. For example, there are the commercial developments at
Grain and Kingsnorth, and the urban area has a lengthy, developed river
frontage.
3.4.146 The undeveloped coast should not be used to accommodate new development
that could be as well as or better situated inland or in existing developed
areas. Structure plan policy ENV10 endorses this approach, seeking to
protect the scenic, heritage and scientific value of the undeveloped coast.
3.4.147 The council feels that new port development and associated infrastructure
is inappropriate and unnecessary on the undeveloped coast. Where new development
requires a coastal location, the developed coast will provide the best
option.
3.4.148 Flood defences are likely to be under increasing pressure from
sea level rise, due to climate change and the geological sinking of the
south east of England. The Environment Agency is considering the need
to confirm the extent of flood risk areas in conjunction with a review
of the Thames and Medway tidal defences. In the interim, a precautionary
approach is justified, restricting development along the undeveloped coast.
It is considered that new development along the undeveloped coast should
not be permitted if it would need expensive engineering works to protect
the development from the effects of flooding or erosion by the sea. Public
access to this coast should be a basic principle, unless it can be demonstrated
that it would be impracticable or damaging to nature conservation interests.
In areas of possible conflict between public access to the coast and the
nature conservation interest, management measures (such as zoning and
ranger services) may be appropriate, to enable some limited access to
the coastline.
3.4.149 The coastal zone extends seaward and landward of the coastline.
The landward extent of the coastal zone is influenced by:
(i) the landward extent of direct maritime influences and coast-related
activities (e.g. ports, marinas and built development that restricts
coastal influences);
(ii) the limits of tidal erosion, deposition and potential flooding;
(iii) the extent of low lying land and inter-tidal areas;
(iv) visibility from the coast;
(v) the extent of coastal ecological and landscape interests;
3.4.150 Control for planning purposes is limited to land above the mean
low water mark (MLWM). Various other regulatory schemes control what occurs
below the MLWM. Estuary Management Plans (EMPs) are in preparation for
the Thames and Medway/Swale. These EMPs are non-statutory and can transcend
the MLWM regulatory boundary. They are being prepared jointly by a range
of organisations interested in, and having influence upon, the coastal
environment. The intention is to establish a framework for co-operation
and management, to address issues and conflicts affecting the estuaries.
Other relevant initiatives that will be developed for this area include
a Flood Defence Strategy and a Coastal Habitat Management Plan (ChaMP).
POLICY BNE45: UNDEVELOPED COAST
Development will be permitted in and alongside the undeveloped
coast, as defined on the proposals map, only if:
(i) a coastal location is essential and no suitable
alternative site exists along the developed coast; and
(ii) the scenic, heritage or scientific value of the
undeveloped coast is maintained and, where consistent with this and
where practicable, public access to the coast is improved; and
(iii) the development is not likely to be at risk from
flooding or coastal erosion to the extent that it would require defence
works for its safety and protection.
POLICY BNE46: DEVELOPED COAST
Development will be permitted in and alongside the developed
coast, as defined on the proposals map, when:
(i) the appearance and environment of the coast is improved;
and
(ii) coastal erosion will not threaten any new building
proposed as part of the development; and
(iii) public access to the coast is improved, where
practicable and whenever appropriate; and
(iii) the need for the coastal location is justified
when the development is outside existing settlement boundaries and Economic
Development Areas.
Rural Lanes
3.4.151 The structure plan highlights the rich heritage of ancient rural
lanes in Kent, some of which date back to Medieval, Saxon and even pre-historic
times. Structure plan policy ENV13 both protects, and seeks enhancement
of, the character of these lanes. The structure plan suggests that such
lanes be identified in local plans. Studies in Medway have identified
those rural lanes with the highest physical landscape, amenity, nature
conservation and historic value. The council will seek to protect these
highest quality lanes and also afford the more general protection of structure
plan policy ENV13 to all rural lanes in the area (reflecting recommendations
made in the Rural Lane Studies that have been undertaken).
POLICY BNE47: RURAL LANES
Development served by, and/or affecting, the important
rural lanes defined on the proposals map will only be permitted where
there is no adverse effect upon the value of the lane in terms of its
landscape, amenity, nature conservation, historic or archaeological
importance.
Where alterations to the carriageway definition or
boundaries of rural lanes is necessary, the use of natural, locally
distinctive materials such as grass banks, stone setts and hedging will
be required. The use of urbanising features such as raised concrete
kerbstones, fencing and walls should be avoided unless these are absolutely
essential for structural or safety reasons.
Agriculture
3.4.152 When preparing development plans and in the consideration of
planning applications, account should be taken of the quality of agricultural
land that would be lost through development proposals. PPG7 advises that
little weight should normally be given to the loss of moderate or poor
agricultural land (that is land falling within the Ministry of Agriculture,
Fisheries and Food (MAFF) land classification grades 3b, 4 and 5). Considerable
weight should be given to protecting the best and most versatile agricultural
land (that is land within MAFF grades 1, 2 and 3a). Indeed, within the
principles of sustainable development, the best and most versatile agricultural
land needs protection as a national resource for future generations. Only
exceptionally should the best and most versatile agricultural land be
developed.
3.4.153 According to structure plan policy ED6, the long term productive
potential of agricultural land will be protected, unless there is an overriding
need identified in the development plan, and, in particular, development
which will cause a loss of the best and most versatile agricultural land
should not be permitted.
3.4.154 It is an underlying local plan objective to minimise the loss
of productive agricultural land to other uses. Much of the agricultural
land in Medway is of sufficient quality to be classified by MAFF as the
best and most versatile agricultural land. Firm policy protection of this
land is justified. An agricultural land classification survey will be
required to determine the site specific quality of any agricultural land
proposed for development.
POLICY BNE48: AGRICULTURAL LAND
Development that would cause a loss of the best and
most versatile agricultural land (MAFF grades 1, 2 and 3a) will not
be permitted. Exceptionally, development will be permitted when:
(i) there exists an overriding need for the development
that is of more significance than the considerable weight to be afforded
to protecting the best and most versatile agricultural land; and
(ii) there exists a lack of suitable development opportunities
on previously developed sites and land within the boundaries of existing
developed areas; or
(iii) either sufficient land in lower grades is unavailable,
or available lower grade land has statutory landscape, wildlife, historic
or archaeological designation which outweigh agricultural considerations;
and
(iv) where grade 1, 2 or 3a land needs to be developed
and there is a choice between sites in different grades the development
is proposed on land of the lowest grade.
Agricultural Development and Dwellings
3.4.155 The use of land for agriculture or forestry does not need planning
permission. The erection of some agricultural buildings is subject to
planning control whilst others are subject to a prior notification regime
(whereby the council have to be notified of the siting and design of such
buildings and can ask for details to be submitted for approval). Amenity
considerations are the only factors which can be taken into account.
3.4.156 One of the few situations where residential development in the
countryside is appropriate is when the accommodation is needed to allow
farm workers to live at, or in the immediate vicinity of, their place
of work due to the essential need for a continuous human presence. When
there is uncertainty over whether agricultural dwellings in the countryside
are genuinely needed for farming operations (including certainty that
this need is capable of being sustained over a reasonable period of time),
the council will have regard to the advice in Annex I of PPG7 and apply
a financial viability test to judge the likely present and future financial
viability of the agricultural enterprise.
POLICY BNE49: AGRICULTURAL DWELLINGS
Agricultural workers’ dwellings in the countryside
will only be permitted when:
(i) there is a genuine need for the dwelling generated
by the operation of the agricultural holding which it is to serve; and
(ii) the dwelling is of an appropriate scale and located
on, or adjacent to, the agricultural holding it is to serve; and
(iii) there are no other buildings available for, or
capable of conversion to, residential use within the vicinity.
Occupancy conditions will be applied to agricultural
workers’ dwellings to ensure that the dwelling is retained for
use by persons solely, or last, employed in agriculture in the locality
and their resident dependants.
3.4.157 Changes in farming practices can result in permitted agricultural
workers’ dwellings no longer being required for workers on local
farms, removing the need for the occupancy conditions. However, the council
will need to be satisfied that this is clearly the case before removing
occupancy conditions.
POLICY BNE50: AGRICULTURAL OCCUPANCY
Occupancy conditions for agricultural workers’
dwellings in the countryside will only be removed when it is proved
that the dwelling is no longer needed, now and for the foreseeable future,
for someone solely, mainly or last working in agriculture on the holding
and in the dwelling’s general locality.
Where such conditions are removed, permission will not
be granted for new agricultural or forestry workers’ dwellings
on the holding or on any new holding created by its sub-division.
Horses and Stables
3.4.158 Stables for horses normally require planning permission, as does
using land for the keeping of horses for non-agricultural purposes and
for equestrian activities. High standards of landscaping, design, construction
and maintenance of buildings and maintenance of land are necessary to
ensure that such activities do not have an adverse effect on the countryside.
Traffic and activity levels will also be important considerations.
POLICY BNE51: EQUESTRIAN DEVELOPMENTS
Equestrian developments will only be permitted when:
(i) the development maintains and, wherever possible,
enhances the character of the locality; and
(ii) any buildings blend with their surroundings and
are designed, constructed and landscaped using high standards; and
(iii) residential amenity is not harmed, in respect
of smells, excessive noise or lighting; and
(iv) any jumps or other equipment involved are well
designed and removed when not in regular use; and
(v) local amenity and road safety are not adversely
affected by traffic generated by the development; and
(vi) any detrimental effects on local flora and fauna,
including hedges and trees have been assessed and appropriate mitigation
measures are carried out.
3.5 Environmental Appraisal
3.5.1 This chapter contains far-reaching policies in pursuit of sustainable
development. Design which respects and improves the quality of the built
environment is encouraged. The policies serve to safeguard historical
sites, buildings and landscape and to protect local character. They seek
the protection of open countryside, encourage biodiversity, limit pollution
and aim to clean polluted areas. Renewable energy schemes are encouraged,
as is the recycling of resources, for example, the reuse of buildings
and brownfield sites.
3.6 Monitoring Measures
3.6.1 The performance of the plan in meeting its aims with regard to
the environment will be judged against the following criteria:
(i) the number of developments permitted that do not conform to the
council’s noise standards;
(ii) the number of developments using energy efficiency measures;
(iii) the number of major developments that incorporate structural
landscaping schemes;
(iv) the number of developments adversely affecting the historic features
and special character of Listed Buildings, Ancient Monuments and Conservation
Areas;
(v) the number of permissions given for existing rural buildings to
be re-used;
(vi) the amount of development that degrades the open character or
settlement separation functions of the Metropolitan Green Belt, and
the Strategic Gap;
(vii) the amount of development that degrades the natural beauty of
the North Downs Area of Outstanding Natural Beauty, and of the North
Downs and North Kent Marshes Special Landscape Areas;
(viii) the amount of development that has a prejudicial effect upon
the open character or landscape function of the Areas of Local Landscape
Importance;
(ix) the amount of wildlife habitat lost to development and new wildlife
habitat resulting from development proposals; and
(x) the amount of best and most versatile agricultural land lost to
development.
|