HERTFORDSHIRE COUNTY COUNCIL
DEVELOPMENT CONTROL COMMITTEE
TUESDAY, 12th SEPTEMBER 2006, AT 10.00 A.M.
Agenda No.
3
EAST HERTS DISTRICT
APPLICATION FOR STORAGE OF WASTE BINS AND PARKING TWO
VEHICLES AT OWLES FARM, OWLES LANE, BUNTINGFORD
Report of the Director of Environment
Author:
Katharine Ingram
Local Member:
Jane Pitman
Tel: 01992 556254
1.
Purpose of Report
1.1
To consider planning application ref. 3/1196-06 for the storage of waste
bins and parking two vehicles at Owles Farm, Owles Lane, Buntingford.
2.
Summary
2.1
The application seeks permission to use part of a currently disused
barn at Owles Farm for the storage of waste in metal bins. Owles Farm
is located just east of Buntingford and accessed along Owles Lane.
Owles Lane joins London Road towards the southern end of
Buntingford. Waste would be brought to the site and stored on a short
term basis before being taken to an appropriately licensed disposal
facility. The operation would replace Parknload’s current operation at
Colliers End.
2.2
The operation would result in a maximum of 8 vehicle journeys per day
along Owles Lane, of which a maximum of 3 journeys would be made
by 7.5 tonne lorry (the largest vehicle proposed). Three public
bridleways converge at Owles Lane and the eastern part of the lane is
a BOAT (Bridleway Open to All Traffic). The Highways Authority and
Rights of Way Unit have not objected to the application but this is on
the proviso that a number of safety measures (including passing bays,
warning signs and physical traffic calming measures) are implemented.
These would need to be secured under a separate legal agreement.
2.3
Four letters of objection have been received to the application,
including one from Buntingford Town Council. The principal focus of
objections to the application centres on the increased use of Owles
Lane and the impact upon amenity.
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3.
Conclusion
3.1
Because of the relatively small scale of the proposed operation it is not
considered to conflict significantly with those policies of the
development plan that are relevant to a waste use in the Rural Area
Beyond the Green Belt. It is considered that the impacts of the
operation can be sufficiently controlled by condition and legal
agreement to mitigate the potential detriment to residents.
3.2
Permitting the storage of metal on site would be contrary to Waste
Policy 29. However, given the volume of metal that would be involved,
it is not considered that the application should be refused or that the
storage of metal should be prohibited on the basis of this policy, the
principle purpose of which is considered to be the regulation of scrap
metal specific businesses.
3.3
The report therefore concludes that planning permission should be
granted subject to the prior conclusion of a S106 Agreement and
subject to conditions which should include:
i) a limit on the hours of operation,
ii) a limit on the number (4in/4out), type (maximum of 3 lorry
movements) and size (maximum 7.5 tonne lorry) of vehicle
movements,
iii) prohibiting external alterations to the barn,
iv) confining the waste storage and vehicle parking to inside the barn,
v) waste types.
vi) prohibiting burning of materials,
vii) prohibiting the use of external floodlights,
viii)requiring litter to be managed so that it does not escape the site,
ix) ensuring that excessive noise is not experienced at the nearest
residential property,
x) measures to prevent pollution of ground and surface water supplies,
xi) works to the public highway, in accordance with Section 278 of the
Highways Act 1980 to incorporate both the Highway Authority’s and
the Rights of Way Unit’s requirements,
A S106 agreement may be necessary in respect of certain obligations
placed on the applicant by the consultation response from Rights of
Way.
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4.
Description of the site and proposed development
4.1
Owles Farm is located approximately 1.5km (just under 1 mile) east of
Buntingford. It is at the top of a small hill, on a similar elevation to
Buntingford, with the Haley Hill ditch in-between. Owles Hall (a private
residential property) is adjacent to the farm, though screened from it.
Both properties are accessed via Owles Lane, which joins London
Road towards the southern end of Buntingford.
4.2
Parknload’s application seeks to use one end of a currently disused
farm building at Owles Farm. The other part of the barn is used by
C&Y Scaffolding under a planning permission personal to that company
issued by East Herts District Council in 2005. Under the current
application, no external alterations would be made to the barn and all
the operations would be conducted within it.
4.3
The barn would be used to store waste in four purpose-built steel bins.
Waste would be brought to the site in Parknload’s lorry and transferred
into the bins using the lorry’s grab. When full, the bins would be taken
by the same lorry to an appropriately licensed facility for disposal or
recycling. The application states that: “The materials brought to and
stored short term at the Parknload site are in the main metal, wood,
paper and cardboard. Other materials, such as mixed builders’ debris,
hardcore and garden waste are also handled by Parknload but these
are taken direct from the point of production to the point of disposal or
recycling and are not brought to the Parknload site.”
4.4
Because of its relative elevation, Owles Farm and any vehicles using
Owles Lane are clearly visible from the surrounding farmland and rights
of way network, although only the western part of Owles Lane is visible
from properties in Buntingford because of the topography. The barn
where the waste storage is proposed is relatively screened however: it
is not visible from Buntingford and is shielded from Owles Hall by the
intervening buildings. However it is visible from the farmhouse,
bridleway 23 and from farmland to the east.
4.5
The application gives a detailed explanation of the vehicle journeys that
are anticipated along Owles Lane. This explanation is replicated at
Appendix 2. In total a maximum of 8 single journeys are proposed (3
lorry movements, 3 van movements and 2 car movements).
4.6
The application site impacts on a number of Rights of Way, as detailed
on the attached plan. Bridleways 22, 23 and 24 converge at the
eastern end of Owles Lane and any vehicle accessing the application
site would therefore cross bridleways 22 and 23. The eastern part of
Owles Lane is a Bridleway Open to All Traffic (BOAT). Public footpaths
21 and 25 also join onto Owles Lane.
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5.
Consultations
5.1
East Herts District Council had no comment on or objection to the
application.
5.2
Buntingford Town Council have objected to the application on the
grounds of “increased heavy traffic along a narrow road which is used
by pedestrians and local traffic”. Owles Lane “has no footway and a
very narrow access to London Road…We contend this presents a
major danger to the residents”. The Town Council also objected
because “it appears that the farm is being converted by stealth into an
industrial estate”. The Town Council point out that such industrial uses
should be directed to existing designated areas. Should the application
be approved the Town Council would advocate the imposition of a
15mph speed limit from the access from London Road to the last house
on the south side.
5.3
The Environment Agency had no objection to the application and
Thames Water had no objection to the application with regard to
sewerage infrastructure.
5.4
Hertfordshire County Council as Highways Authority advised that they
did not wish to restrict the grant of permission subject to a condition
restricting the number of vehicle movements (to 4 in/4 out per day) and
to a Section 278 Agreement requiring a passing bay to be provided at
the end of the row of houses at the western end of Owles Lane.
5.5
Hertfordshire County Council’s Rights of Way Department have stated
that provided the following measures are implemented, they would
have no objection to the application:
 90% of the maintenance costs for the portion of the public routes
serving the two entrances to this project will become the
responsibility of the company or companies concerned;
 approved signage is to be erected at regular intervals along the
public routes to alert users of the danger of a likely encounter of
vehicles with horses;
 physical traffic calming measures (sleeping policemen) are to be put
into the surface of the BOAT before the intersection with the
bridleway. They must be constructed with the unobstructed use of
other users in mind;
 passing places should be provided at regular intervals to allow
adequate distances in an encounter between horses and vehicles.
5.6
Hertfordshire Biological Records Centre had no comment on or
objection to the application.
5.7
A total of 84 properties were consulted on the application and 3 letters
objecting to the application were received. The issues of concern can
be summarised as:
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 litter,
 actual degree of control over waste operations and types handled on
site, particularly since facility will not be covered by a waste
management licence,
 difficulty of enforcement of planning controls on site,
 hours of operation,
 inappropriateness of locality for waste use given proximity to
residents,
 unsuitability of Owles Lane for traffic increase; narrow width;
shortage of passing places; lack of footpath; ‘blind’ access from
residential properties onto lane; durability of road surface,
 noise,
One resident also requested that any planning permission should be for
a limited period only.
An advert was placed in the Hertfordshire Mercury newspaper on 7th
July 2006 and three site notices were erected on 26th June 2006.
6.
Planning Considerations
6.1
The relevant development plan policies are:
Hertfordshire Structure Plan Review 1991-2011, adopted April
1998
Policy 1 (Sustainable Development)
Policy 14 (Development for Employment Needs)
Policy 18 (Rural Economy)
Policy 19 (Employment Development Outside the Main Towns)
Policy 29 (Traffic and Road Safety Implications of Development
Proposals)
Policy 48 (Rights of Way)
Policy 55 (Waste Management)
Hertfordshire Structure Plan Alterations 2001-2016, (Deposit Draft
Version, February 2003)
Policy 1 (Sustainable Development)
Policy 14 (Development for Employment Needs)
Policy 18 (Rural Economy and Development in the Countryside)
Policy 29 (Traffic and Road Safety Implications of Development
Proposals)
Policy 48 (Rights of Way)
Policy 55 (Waste Management)
Hertfordshire Waste Local Plan 1995-2005, adopted January 1999
Policy 1, Policy 2, Policy 10, Policy 13, Policy 29, Policy 39, Policy 43
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East Hertfordshire Local Plan 1986-2001, adopted December 1999
Proposals map: the application site falls within the Rural Area Beyond
the Green Belt but is not subject to any other designations.
Policy RA3 (Rural Area Beyond the Green Belt)
Policy RA6A (Adaptation and Re-Use of Rural Buildings)
Policy BE10 (Noise)
Policy EMP5 (Rural Employment)
Policy M11 (Developments Generating Traffic on Rural Roads)
East Hertfordshire Local Plan Second Review, Re-Deposit
Version, November 2004
Policy GBC5 (The Rural Area Beyond the Green Belt)
Policy GBC6 (Appropriate Development in the Rural Area Beyond the
Green Belt)
Policy GBC10 (Adaptation and Re-use of Rural Buildings)
Policy TR21 (Development Generating Traffic on Rural Roads)
Policy EDE4 (Employment Uses outside Employment Areas)
Policy ENV28 (Noise Generating Development)
6.2
The principal issues to be taken into account in determining this
application are:
 appropriateness and sustainability of waste storage use in this
location,
 impact on amenity; noise, litter, disturbance,
 suitability and use of Owles Lane for access, including impact on
rights of way.
Appropriateness and sustainability of waste storage use
6.3
Hertfordshire’s policies and priorities for development are based on the
principles of sustainability. These are summarised in Policy 1 of the
Structure Plan and in Policies 1 and 2 of the Waste Local Plan. In the
context of the proposed use, the development should, inter alia,
improve quality of life without compromising the future, avoid pollution
and conserve resources. Waste facilities should be necessary and
located as close as is practicable to the origin of the waste.
Fundamentally, Parknload’s operation seeks to manage local waste
disposal in a more sustainable manner by sorting waste into streams
and sending it for recycling where possible. In essence the proposal
therefore furthers the aims of the development plan. However, in
determining this application, a judgement must be made as to whether
Owles Farm represents a sustainable location for this otherwise
beneficial activity.
6.4
Owles Farm is not a designated site for industrial activities such as
waste storage. Waste Policy 13 provides for waste facility proposals
outside preferred areas of search to be permitted, depending on the
scale of the environmental impacts. According to the District Local
Plan, Owles Farm is in a Rural Area Beyond the Green Belt and policy
support for such development is therefore similarly caveated. The fact
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that the proposal would be contained within an existing, disused barn,
to which no external alterations would be necessary, weighs strongly in
its favour. Policies such as RA3, RA6A, GBC5, GBC6, GBC10 guard
against significant alteration of rural buildings. They also presume in
favour of development, however, this is provided that residential
amenity is not compromised by the proposed use. This includes by
virtue of the traffic impacts of development. Provided the amenity
impacts of the proposal are not significantly detrimental, the proposal is
therefore supported by the policies cited in this paragraph. Whilst
concerns about the ‘conversion by stealth’ of Owles Farm into an
industrial area are valid, the proposed use is not therefore necessarily
contrary to local plan policy. The amenity impacts of the development
must be carefully weighed, however.
6.5
Local Plan policies EMP4 and EDE4 encourage employment uses
outside principal settlements, provided that they are acceptable in
terms of impact on amenity and the environment and that the site
affords suitable access and parking. Waste Policy 10 encourages
separation and storage facilities for locally generated waste in
“appropriate locations”.
Impact on amenity
6.6
From the above discussion of local policies it is the impact of the
development on local residential amenity that will determine whether
the application location is deemed sustainable in terms of the
development plan. Concerns have been raised by local residents and
the Town Council about the pollution (noise and litter for example) that
may arise from the development, as well as wider issues of disturbance
from traffic.
6.7
Parknload previously operated a similar waste sorting and storage
facility at Colliers End. This was the subject of planning enforcement.
Parknload have since expressed a desire to work within planning
control and have sought to involve the planning authority in finding a
suitable alternative location for their activities. This application
represents the conclusion of their efforts to find an alternative site.
6.8
Parknload’s application states that “the volume of waste handled during
a three month period is less than 50 cubic metres. Thus...the operation
does not require a [Waste Management] licence.” The Environment
Agency has confirmed that such a scale of operation would not require
a Waste Management Licence (WML), although it would need to be
registered with them.
6.9
Concerns have been expressed that planning conditions placed on the
operations would be difficult to enforce and the operations difficult to
regulate. Whilst planning conditions are constrained by the
practicalities of enforcement they must, by law, be reasonable and
enforceable.
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6.10 Operational impacts such as noise and litter are routinely controlled by
the imposition of suitable conditions. It is not considered that there is
any reason why the imposition of such conditions would not be
effective at Owles Farm. It is therefore recommended that, if granted,
conditions should be attached requiring litter to be managed so that it
does not escape the site, limiting the noise of the operations at the
nearest residential property, precluding the burning of materials and the
use of floodlighting and restricting the hours of operation.
6.11 The waste types that would be brought to the site have also been a
source of concern to objectors to the application. The volumes of
waste handled at the site will be too small to require a Waste
Management Licence and so the only regulation will be via planning
legislation. However, the types of waste handled on site can be
controlled by condition and it is recommended that they are so if
permission is granted. Any increase in the amount of waste handled
will require the operators to obtain a WML and separate legislative
controls will therefore come into force.
6.12 The applicant’s declaration that waste will not be deposited on the
ground is also concerned with waste licensing regulations and it is not
therefore considered necessary to condition this. More general
conditions prohibiting pollution of ground and surface water would be
more appropriate and are also recommended if permission is granted.
6.13 Waste Policy 29 specifically prohibits (inter alia) the storage of scrap
metal on land which is not permitted or allocated for general industrial
use. Any permission to store metal at this site would therefore be
contrary to this policy. However, given the volume of metal that would
be involved, it is not considered that the application should be refused
on the basis of this policy, or that the storage of metal should be
prohibited. However, the description of development on any
permission should make it clear that metal is only one of the waste
streams permitted to be stored; this is not simply a scrap metal
business, the preclusion of which outside designated areas is the
purpose of Waste Policy 29.
6.14 One of the letters of objection suggested that the duration of the
permission should be restricted. However, it is not considered that
restricting the duration of the permission would make the activity any
more appropriate in this location. As with any planning permission, if
the development cannot be operated within the constraints imposed by
the conditions then enforcement action may be taken by the permitting
authority. Similarly, it is not considered that any permission should be
restricted to being personal to Parknload as the permission for
scaffolding is personal to C&Y Scaffolding. It is the nature of this
operation that should determine its appropriateness, rather than the
operator. This accords with national planning policy guidance.
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Suitability and use of Owles Lane for access, including rights of way
issues
6.15 All the objections submitted to the application have raised concerns
about the increased use of Owles Lane by vehicles that would result
from the proposal. Owles Lane is a single carriageway road that
becomes a BOAT for the last 230m before Owles Farm. Approximately
11 residential properties have driveways that access directly onto the
lane offering varying degrees of visibility. There is no footway and
limited passing places. Forward visibility is good for most of its length
but vehicles turning into the lane from London Road have restricted
visibility up the lane as they turn in.
6.16 Structure Plan Policy 29 discourages development from using roads to
which it is not appropriate and resists development “which would
generate a significant change in the amount or type of traffic using rural
roads”. Local Plan Policy M11/TR21 similarly prohibits development
proposals that “are expected to give rise to a significant change in the
amount or type of traffic on local rural roads”. Waste Policy 43 also
guards against the use of local roads for the transportation of waste,
although this policy is principally directed at larger proposals involving
heavy goods vehicles.
6.17 A maximum total of 8 movements along Owles Lane are proposed of
which a maximum of 3 would be lorry movements (see Appendix 2).
The lorry used would be a 7.5 tonne two axle rigid lorry with cage
sides, net top and Hiab grab.
6.18 Given this, it is not considered that the application represents a
“significant change in the amount or type of traffic” that would use
Owles Lane. This judgement is based on the fact that, despite
residents’ fears, Hertfordshire County Council as Highways Authority
have not raised any objection to the proposal, subject to the imposition
of a restriction on the number of vehicles using the lane and a legal
agreement requiring a passing place to be provided at the end of the
houses. Also, the County Council’s Rights of Way Unit have not
objected to the application, subject to the imposition of the
requirements set out at section 5.5.
6.19 The application is not therefore concluded to be contrary to policies
concerning traffic along roads such as Owles Lane. However, it is
clear that this is a sensitive issue and any permission should be
carefully conditioned to ensure that only the applied-for number of
vehicle movements is permitted. The condition should also restrict the
size of vehicles used. Any increase in vehicle numbers or sizes should
be resisted, subject to the advice of the Highways Authority and Rights
of Way Unit. Constraining the number and type of vehicle movements
is also considered to be the most enforceable way of constraining the
size of the operation.
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6.20 On being advised of the Highways Authority’s consultation response,
Parknload advised that they understand and accept the conditions
proposed. The applicants also met with the Rights of Way officer to
discuss the measures needed to safeguard rights of way users. They
have similarly confirmed that they are ready to take the requested
measures, subject to dealing with exact specifications at a further site
meeting, if the application is successful. This accords with Waste
Policy 39 which requires, inter alia, that applicants illustrate how rights
of way will be safeguarded. If the application is permitted, it is
recommended that this is on the basis that a legal agreement is
attached to the planning permission to incorporate all the highway and
rights of way improvements required by the Highway Authority and
Rights of Way unit.
6.21 The Town Council’s suggestion that a 15mph speed limit is imposed at
the western end of Owles Lane is considered to be a separate
consideration for the Highways Authority. That authority did not
consider it to be a requirement for the grant of this permission. The
sharpness of the turn into Owles Lane from London Road prohibits
excessive vehicle speeds in any case. The provision of a parking bay
at the eastern end of the houses is considered to be sufficient to
safeguard road users in the western end of Owles Lane in the context
of this application.
7.
Conclusions
7.1
From the discussion in Section 6 it is concluded that the impacts of the
proposed development are not considered sufficient to warrant refusal
of the application. Given the small scale of the operation and its
containment within an existing barn that will not be altered, the
proposal is considered to enjoy widespread support under the policies
of the development plan. The exception to this policy support is the
storage of waste metal, which is contrary to Waste Policy 29.
However, the amount involved within the context of the entire operation
is not considered sufficient reason to refuse the application.
7.2
The most significant impact of the operation will be by virtue of the
traffic movements along Owles Lane. Provided these are limited in
nature and number and that the measures required by the Highway
Authority and Rights of Way Unit are secured by legal agreement and
condition, it is recommended that the application is approved.
7.3
This development will need to be tightly constrained by condition to
ensure that the operations do not have a detrimental impact on local
amenity and are not therefore contrary to development policy. For the
reasons discussed previously outlined, conditions should be attached
limiting the hours of operation, number, type and size of vehicle
movements, prohibiting external alterations to the barn, confining the
waste storage and vehicle parking to inside the barn, prohibiting
burning and the use of external floodlights, requiring litter to be
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managed so that it does not escape the site and ensuring that
excessive noise is not experienced at the nearest residential property.
8.
Financial implications
8.1
Planning applications should be determined on the basis of material
planning considerations, and not on the basis of their financial
implications for the County Council. However, it is a requirement of the
County Council to advise all Committees of the financial implications
that may arise from their decisions.
8.2
If a planning application is refused or is not determined within a specific
period, the applicant has a right of appeal. Any appeal would result in
additional costs, which in part can be met from existing budget
provisions. However, a major public inquiry may give rise to significant
costs for which there is no specific budget provision. If the County
Council refuses an application without reasonable planning grounds on
which to base its decision, it may be liable to pay the costs of the
applicant in contesting the appeal.
Background information used by the author in compiling this report
Planning application reference 3/1196-06 (CM874)
Consultee responses
Relevant policy documents
Hertfordshire Structure Plan Review 1991-2011, adopted April 1998
Hertfordshire Structure Plan Alterations 2001-2016, (Deposit Draft Version,
February 2003)
Hertfordshire Waste Local Plan 1995-2005, adopted January 1999
East Hertfordshire Local Plan 1986-2001, adopted December 1999
East Hertfordshire Local Plan Second Review, Re-Deposit Version, November
2004
Appendix 1 – Relevant development plan policies
Appendix 2 – Explanation of vehicle movements calculation.
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Appendix 1: Relevant Policies of the Development Plan
Hertfordshire Structure Plan Review 1991-2011, adopted April
1998
POLICY 1 SUSTAINABLE DEVELOPMENT
The policies of this Plan, together with those of local plans, will seek to enable
activities and development in Hertfordshire to be carried out consistently with
the principles of sustainable development. Those aspects within the ambit of
the Structure Plan and local plans will be subject to monitoring and review in
the light of evolving policies and concerns at national and international levels,
and new information as it comes forward. Where feasible, appropriate targets
and benchmarks will be set.
The general aim will be to:
i)
encourage economic growth consistent with environmental constraints,
with the main emphasis on promoting the knowledge economy rather
than mass industrial production;
ii)
make provision for the housing and social needs of people in ways
which minimise the need to travel and otherwise exploit the
sustainability advantages of urban concentration, with the prime
emphasis on regeneration in the County’s main towns;
iii)
improve people’s quality of life, both in town and country, in ways
which do not prejudice the quality of life of people in the future or
threaten the environment;
iv)
avoid pollution in all its forms, in particular pollution of ground and
surface water resources;
v)
contain road traffic growth, particularly in the main towns, and
encourage walking, cycling and greater use of passenger transport in
preference to the private car, in particular through development of new
and improved bus and rail services;
vi)
conserve the County’s critical capital and other important
environmental assets, including its landscape, ecological, built and
archaeological heritage, and safeguard the County’s area of Green
Belt;
vii)
conserve natural resources, in particular the County’s best and most
versatile agricultural land;
viii)
minimise resource depletion and make the most efficient use of land,
minerals, buildings, energy, water and waste.
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POLICY 14 DEVELOPMENT FOR EMPLOYMENT NEEDS
In order to foster economic growth in accordance with the Bright Green
Industrial
Strategy, while providing for an appropriate mix of economic activities in
particular areas, employment development (normally that categorised as B1,
B2 and B8) will be permitted subject to the other policies of the Plan and their
detailed expression in local plans. Particular regard will be given to ensuring
that development is sustainable in terms of its impacts on traffic generation
and its environmental implications. Development will take place mainly in
areas allocated for such purposes in local plans, and key employment sites
and existing prime employment areas will be identified in them where
employment development will be promoted. Exceptionally, new land
allocations may be identified for such purposes.
In considering development proposals regard should be had to the following
criteria and their expression in local plans:
i)
the need to ensure an adequate and balanced supply of employment
floorspace, based on joint monitoring and periodic forecasting by the
County and District Councils of trends in:
a. the overall stock of floorspace (including reductions due to
the reuse of employment land and buildings for other purposes,
notably dwelling provision as part of planned regeneration);
b. the levels of vacant floorspace and any derelict land formerly
used for employment;
c. the supply of permissions and land allocations still to be
realised.
ii)
assessments of the implications of local and regional economic
restructuring, and emerging technological developments particularly for
employment densities and operational requirements;
iii)
assessments of the balance between employment opportunities and
the labour market in particular areas;
iv)
regional, county-wide and local economic development strategies;
v)
the special advantages and opportunities in encouraging particular
types of business development at Key Employment Sites, and in
designating other specific locations for them, especially to promote
the knowledge economy;
vi)
the needs of local people and businesses as identified in any
comprehensive settlement appraisals;
vii)
the desirability of encouraging small scale employment development to
achieve an appropriate mix of uses in urban areas;
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viii)
the aims of securing planned regeneration, particularly the need to
protect sites best suited to housing or mixed use.
Existing employment land and buildings may be identified in local plans as
part of a planned regeneration package for an area, to be re-used for either
new employment provision, housing or mixed use. Such proposals must be
acceptable in terms of other policies. In so far as re-use for employment
purposes is proposed, regard should be given to the criteria above. Only types
and quantities of existing employment provision which are no longer required
to meet future employment requirements and business and community needs
may be re-used for other purposes, notably dwelling provision on appropriate
sites as part of planned regeneration.
POLICY 18: RURAL ECONOMY
Appropriate development, including farm diversification, will be encouraged
within rural areas under the terms of PPG7 with a view to sustaining the rural
economy, and in particular the viability of farm holdings. Development
involving fragmentation of farm holdings or other impairment of farm
economics and management will be resisted in the absence of compensating
advantages to the rural economy.
POLICY 19 EMPLOYMENT DEVELOPMENT OUTSIDE THE MAIN TOWNS
Development for appropriate industrial, commercial or other non-agricultural
activities in villages and small towns other than those listed in Policy 6
sufficient to meet local job needs will be supported, particularly where this
involves the re-use of an existing building, subject to the other policies of this
Plan. In determining the suitability of the development particular emphasis will
be placed on the impact on traffic generation,
especially the amount and size of goods vehicles.
POLICY 29 TRAFFIC AND ROAD SAFETY IMPLICATIONS OF
DEVELOPMENT PROPOSALS
The traffic and road safety implications of development proposals, and the
related proposals for addressing them, will be assessed in the light of the aims
and principles set out in Policy 22 and, in particular, any public transport
accessibility profiles required. Development will be located so that traffic is
discouraged from using roads, in particular local distributor and access roads,
to which it is not appropriate. In particular, development which would generate
a significant change in the amount or type of traffic using rural roads will be
resisted, where:
i)
there is an increased risk of accidents, especially to pedestrians,
cyclists and other road users such as horse riders;
ii)
where the road is poor in terms of width, alignment or structural
condition; or
iii)
where increased traffic would have an adverse effect on the
rural character of the road or the residential properties along it.
Development generating particular types of heavy traffic, including distribution
centres and waste and minerals operations, will be located such as to
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discourage that traffic from using roads other than the primary network
wherever possible.
POLICY 48 RIGHTS OF WAY
Development proposals will be required to take full account of the need to
protect and enhance the public right of way network.
POLICY 55 WASTE MANAGEMENT
The establishment of facilities for the handling, transfer, treatment and
disposal of waste will be supported, subject to the other policies of this Plan,
particularly those relating to the environmental and other effects of
development, sufficient to make an appropriate contribution to meeting the
region’s needs. Regard will be had to the proximity principle. Measures will be
expected to minimise risk of pollution of water, air and the surrounding land.
Those facilities further up the hierarchy of waste management will receive
more favourable consideration. This hierarchy takes the form of:
1. Minimisation: those processes which minimise waste at source
2. Reuse: facilities which enable reuse of materials without further
processing
3. Recovery: facilities designed to make use of waste, through
recycling of materials or energy generation
4. Safe Disposal
Disposal of waste will only be permitted where it can be demonstrated that:
i) it will not give rise to unacceptable adverse environmental
effects, in particular air, water or land pollution, or other effects;
and:
ii) it is necessary and appropriate to restore sites worked, or being
worked, for mineral extraction; or
iii)it would result in significant land drainage, landscape enhancement
or other environmental benefit.
Within the context of the rest of this Policy, proposals which lead to the
recycling of construction waste will be supported, particularly on
redevelopment sites where this involves the reuse of demolition waste from
the site.
Hertfordshire Structure Plan Alterations 2001-2016, (Deposit
Draft Version, February 2003)
POLICY 1 SUSTAINABLE DEVELOPMENT
The policies of this Plan, together with those of local plans, will seek to enable
activities and development in Hertfordshire to be carried out consistently with
the principles of sustainable development. Those aspects within the ambit of
the Structure Plan and local plans will be subject to monitoring and review in
the light of evolving policies and concerns at national and international levels,
and new information as it comes forward. Where feasible, appropriate targets
and benchmarks will be set.
The general aim will be to:
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i)
encourage economic growth consistent with environmental
constraints, with the main emphasis on promoting the
knowledge economy rather than mass industrial production;
ii)
make provision for the housing and social needs of people in
ways which minimise the need to travel and otherwise exploit
the sustainability advantages of urban concentration, with the
prime emphasis on regeneration in the County’s main towns;
iii)
improve people’s quality of life, both in town and country, in
ways which do not prejudice the quality of life of people in the
future or threaten the environment;
iv)
avoid pollution in all its forms, in particular pollution of ground
and surface water resources;
v)
reduce road traffic growth, particularly in the main towns, and
encourage walking, cycling and greater use of passenger
transport in preference to the private car, in particular through
development of new and improved bus and rail services,
cycleways and shared pedestrian/cycleways;
vi)
conserve the County’s critical capital and other important
environmental assets, including its landscape, ecological, built
and archaeological heritage, and safeguard the County’s area of
Green Belt;
vii)
conserve natural resources, in particular the County’s best and
most versatile agricultural land;
viii)
minimise resource depletion and make the most efficient use of
land, minerals, buildings, energy, water and waste.
NEW POLICY MAKING DEVELOPMENT MORE SUSTAINABLE
The location, design, construction and future use of development, regardless
of its size, can contribute towards making development more sustainable.
Local Plans should include reference to a sustainability checklist against
which applicants will submit an assessment of their proposals in the form of a
‘sustainability statement’. A checklist should be included within supplementary
planning guidance.
POLICY 14 DEVELOPMENT FOR EMPLOYMENT NEEDS
In order to foster economic growth in accordance with Hertfordshire’s
Economic Development Strategy14, while providing for a balanced mix of
economic activities in particular areas, employment development (normally
that categorised as B1, B2 and B8 floorspace) will be permitted subject to the
other policies of the Plan and their detailed expression in local plans.
Particular regard will be given to ensuring that development is sustainable in
terms of its impacts on traffic generation and its other environmental
implications. Development will take place mainly in areas allocated for such
purposes in local plans, and key employment sites and existing prime
employment areas will be identified in them where employment development
will be promoted. Exceptionally, new land allocations may be identified for
such purposes. During the period 2001 to at least 2016 there should be
growth in the overall quantity of floorspace available to meet the changing
needs of business. The scale of net growth in provision should be
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approximately that required to make full use of growth in available labour, on
the assumption that net commuting flows will not change significantly after
2001.
The review of local plans and development control should have regard to
supplementary planning guidance that the County Council will issue and keep
up to date concerning the scale of net growth in floorspace provision that will
be appropriate, taking account of assessment of need and monitoring of
supply. In considering development proposals regard should also be had to
the following criteria and their expression in local plans:
i)
the benefits of designating some employment areas specifically
for B1 uses where this would accord better with overall
economic development aims than other employment generating
uses;
ii)
Any special advantages and opportunities in encouraging
particular types of business development at Key Employment
Sites and in designating other specific locations for them,
especially to promote the knowledge economy;
iii)
the needs of local people and businesses, in particular as
identified in the Hertfordshire Local Economy Assessment and
community strategies;
iv)
the desirability of encouraging small scale employment
development to achieve an appropriate mix of uses in urban
areas, especially at town and neighbourhood centres and other
locations with good access to passenger transport;
v)
the aims of securing planned regeneration, particularly through
redevelopment including mixed use schemes to make more
efficient use of existing employment land and buildings;
vi)
the need to protect sites that are qualitatively best suited to
particular business needs for which there is a shortage of
potentially suitable premises.
POLICY 18 RURAL ECONOMY AND DEVELOPMENT IN THE
COUNTRYSIDE
Local plans should contain policies in support of development within rural
areas, in accordance with PPG2 and PPG7, where it will contribute to a
diverse and thriving rural economy or help to meet the economic and social
needs of the local community and enhance the rural environment. The design
and location of any new development must be in sympathy with the local
character and landscape, avoid damage to environmental assets and,
wherever possible, be accessible by passenger transport , walkers, cyclists
and horse riders.
Local plans should support new development for agriculture and forestry
purposes and for the essential needs of outdoors sport, recreation, tourism
and other development appropriate to the rural area.
Local plan policies should support the re-use and adaptation of rural buildings
for business, tourist, recreation and sport activity. Therefore, provision will be
made in rural areas for development for:
a) Sustainable farm diversification;
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b) Tourist attractions based on Hertfordshire’s heritage and/or
countryside;
c) The re-use/conversion of rural buildings for small scale enterprises
and/or visitor accommodation;
d) The provision of rural services within or adjoining villages;
e) Outdoor sport and recreation.
Local plan policies should resist the re-use and adaptation of rural buildings
for residential use, particularly where the creation of local employment is a
priority, unless it can be clearly demonstrated that:
a) There is no current or future potential for viable economic use, and
b) The building is worthy of retention because of its architectural, heritage or
landscape value. Local plans should include policies against which to assess
proposals which contribute to the promotion of locally accessible services and
facilities in rural settlements. Policies will be based upon an assessment of
local needs and the outcomes of community planning activities and resulting
strategies. Local plans should, where appropriate, identify local rural centres
as preferred locations for development. Such locations will be accessible by
public transport passengers, walkers cyclists and horse riders.
The loss of existing rural facilities or services will only be permitted where it
can be demonstrated that use of a facility or service is not and cannot be
made viable.
POLICY 29 TRAFFIC AND ROAD SAFETY IMPLICATIONS OF
DEVELOPMENT PROPOSALS
The traffic and road safety implications on the highway and rights of way
networks of development proposals, and the related proposals for addressing
them, will be assessed in the light of the aims and principles of Policy 22 and
set out in any Transportation Assessment required. Such Assessments should
include the level of accessibility for all modes of travel and any proposed
parking provision. All types of development, as defined in the Local Transport
Plan, will be expected to develop a travel plan. Development will be located so
that traffic is discouraged from using roads, in particular local distributor and
access roads, to which it is not appropriate as set out in the Local Transport
Plan. In particular development which would generate a significant change in
the amount or type of traffic using rural roads will be resisted where:
i)
there is an increased risk of accidents, especially to pedestrians,
cyclists and other road users such as horse riders;
ii)
where the road is poor in terms of width, alignment or structural
condition; or
iii)
where increased traffic would have an adverse effect on the
rural character of the road or the residential properties along it.
Development generating particular types of heavy traffic, including distribution
centres and waste and minerals operations, will normally be located such as
to discourage that traffic from using roads other than the primary network.
POLICY 48 RIGHTS OF WAY
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Local plans should contain policies to ensure that development proposals will
be required to take full account of the need to protect and enhance the public
rights of way network and safeguard its amenity value. The design of new
development should promote the use of public rights of way for both nonmotorised transport and access to the countryside.
POLICY 55 WASTE MANAGEMENT
The establishment of facilities for the handling, transfer, treatment and
disposal of waste will be supported subject to the other policies of this Plan,
particularly those relating to the environmental and other effects of
development, sufficient to make an appropriate contribution to meeting the
region’s and the county’s need. Regard will be had to the proximity principle.
Measures will be expected to minimise risk of pollution of water, air and the
surrounding land. Those facilities further up the hierarchy of waste
management will receive more favourable consideration. This hierarchy takes
the form of:
1.
Minimisation: those processes which minimise waste at source
2.
Reuse: facilities which enable reuse of materials
without further processing
3.
Recovery: facilities designed to make use of waste, through
recycling of materials or energy generation
4.
Safe Disposal
Disposal of waste will only be permitted where it can be demonstrated that:
i)
it will not give rise to unacceptable adverse environmental
effects, in particular air, water or land pollution, flooding or other
effects; and:
ii)
it is necessary and appropriate to restore sites worked, or being
worked, for mineral extraction; or
iii)
it would result in significant land drainage, landscape
enhancement or other environmental benefit which cannot be
achieved in any other way.
Within the context of the rest of this Policy, proposals which lead to the
recycling of construction waste will be supported, particularly on
redevelopment sites where this involves the reuse of demolition waste from
the site. Local plans should include suitable policies to achieve these aims.
Hertfordshire Waste Local Plan 1995-2005, adopted January
1999
WASTE POLICY 1
IN IDENTIFYING LAND OR CONSIDERING PROPOSALS FOR WASTE
MANAGEMENT DEVELOPMENT, THE COUNTY COUNCIL WILL HAVE REGARD
TO THE EXTENT TO WHICH THE DEVELOPMENT IS SUSTAINABLE IN FORM
AND LOCATION AND HELPS TO CONSERVE RESOURCES OF LAND, WATER,
MATERIALS, ENERGY AND THE ENVIRONMENT AND MINIMISES TRAFFIC
CONGESTION, TRAVEL DISTANCES, WASTE GENERATION AND POLLUTION.
THE COUNTY COUNCIL IN DEALING WITH WASTE MANAGEMENT WILL GIVE
PREFERENCE TO THE LOCATION OF WASTE RECYCLING, HANDLING,
REDUCTION AND DISPOSAL FACILITIES AS CLOSE AS PRACTICABLE TO THE
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19
ORIGIN OF THE WASTE.
WASTE POLICY 2
THE ESTABLISHMENT OF FACILITIES FOR HANDLING, TRANSFER,
TREATMENT AND DISPOSAL OF WASTE (WASTE MANAGEMENT FACILITIES)
WILL BE SUPPORTED PROVIDED THAT IN ORDER TO ACCOMMODATE THE
EQUIVALENT OF HERTFORDSHIRE’S OWN WASTE ARISINGS, THERE IS A
CLEARLY ESTABLISHED NEED FOR ADDITIONAL CAPACITY AND FACILITIES
OF THE KIND THAT THE PROPOSED DEVELOPMENT WOULD PROVIDE,
WHICH OUTWEIGHS ANY MATERIAL AGRICULTURAL, LANDSCAPE,
CONSERVATION OR ENVIRONMENTAL INTEREST AFFECTED BY THE
PROPOSAL.
APPLICATIONS WHICH WOULD NOT MEET THE ENVIRONMENTAL AND
PLANNING STANDARDS CONTAINED IN OTHER POLICIES OF THE
DEVELOPMENT PLAN, INCLUDING THOSE RELATED TO QUALITY OF DESIGN,
WILL NOT BE PERMITTED.
WASTE POLICY 10
THE COUNTY COUNCIL WILL ENCOURAGE PROPOSALS FOR ESTABLISHING,
IN APPROPRIATE CIRCUMSTANCES AND LOCATIONS, SOURCE SEPARATION
AND STORAGE FACILITIES FOR WASTE GENERATED IN EXISTING AND
PROPOSED DWELLINGS AND GROUPS OF DWELLINGS AND EXISTING AND
PROPOSED INDUSTRIAL AND COMMERCIAL PREMISES.
WASTE POLICY 13
PROPOSALS FOR FACILITIES TO RE-USE, RECOVER, TRANSFER AND RECYCLE
WASTE OUTSIDE PREFERRED AREAS OF SEARCH, OR FOR ADDITIONAL
CATEGORIES OF WASTE MANAGEMENT WITHIN THE AREAS OF SEARCH,
WILL BE PERMITTED SUBJECT TO COMPLIANCE WITH WASTE POLICY 2 AND
PROVIDED THE PROPOSALS:
I) MINIMISE IMPACT ON LOCAL OR NATURAL ENVIRONMENTS;
II) HAVE OR COULD SECURE READY ACCESS TO THE MAIN ROAD NETWORK,
OR A RAIL OR WATER LINK, AVOIDING, AS FAR AS POSSIBLE, MAJOR
RESIDENTIAL AREAS;
III) IN THE CASE OF LARGE PLANTS, ARE WHERE VISUAL AND LANDSCAPE
IMPACT IS NOT A CRITICAL ISSUE;
IV) SERVE HERTFORDSHIRE’S MAIN POPULATION AND EMPLOYMENT
AREAS; AND
V) ARE PREFERABLY ON LAND FALLING INTO ONE OF THE FOLLOWING
CATEGORIES:
a) LAND ALLOCATED FOR DEVELOPMENT, OR SUBJECT TO POTENTIAL
REDEVELOPMENT, OR ON DESPOILED LAND;
b) WITHIN OR ADJACENT TO EXISTING WASTE MANAGEMENT
FACILITIES SUCH AS HOUSEHOLD WASTE SITES OR WASTE TRANSFER
STATIONS;
c) WITHIN OR ADJACENT TO AN ESTABLISHED OR PROPOSED GENERAL
INDUSTRIAL AREA (EMPLOYMENT AREAS IDENTIFIED IN DISTRICT
LOCAL PLANS WITH A SIGNIFICANT PROPORTION OF B2/B8 USES OR
WITH MAJOR DEVELOPMENTS SUCH AS POWER STATIONS);
d) WITHIN OR ADJACENT TO COMPATIBLE LAND USES SUCH AS LOCAL
AUTHORITY DEPOTS, OPEN STORAGE USES, SEWAGE WORKS AND
MINERAL PROCESSING PLANT (FOR THE LIFE OF THE PLANT IN THE
CASE OF TEMPORARY PERMISSIONS OR PLANT ON MINERAL
WORKING SITES).
IN ALL CASES, PROXIMITY TO EXISTING AND PROPOSED RESIDENTIAL AREAS
WILL BE TAKEN INTO ACCOUNT.
WASTE POLICY 29
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THE COUNTY COUNCIL WILL PERMIT THE HANDLING, STORAGE AND
TRANSFER OF SCRAP METAL, INCLUDING THE DISMANTLING OF SCRAP
VEHICLES ONLY ON LAND WHICH IS PERMITTED OR ALLOCATED FOR
GENERAL INDUSTRIAL USE AND PROVIDED THAT THE DEVELOPMENT
WOULD NOT BE LIKELY TO CAUSE UNACCEPTABLE ENVIRONMENTAL,
TRAFFIC OR OTHER IMPACT.
WASTE POLICY 39
WHERE PUBLIC RIGHTS-OF-WAY MAY BE AFFECTED BY WASTE DISPOSAL,
TRANSFER, PROCESSING OR RECYCLING OPERATIONS AND RELATED
TRAFFIC, THE COUNTY COUNCIL WILL REQUIRE PLANNING APPLICATIONS
TO SHOW THESE RIGHTS-OF-WAY ON PLANS AND TO ILLUSTRATE ALL
PROPOSED CHANGES BY WAY OF DIVERSION, STOPPING UP OR
EXTINGUISHMENT. THE COUNTY COUNCIL WILL REQUIRE APPLICANTS TO
ILLUSTRATE HOW RIGHTS-OF-WAY WILL BE SAFEGUARDED.
THE USE OF RIGHTS-OF-WAY TO OBTAIN VEHICLE ACCESS TO A SITE WILL
NOT BE PERMITTED.
ENVIRONMENTAL AND OTHER IMPACTS AFFECTING PUBLIC RECREATION
ON OR ADJACENT TO ANY SITE PROPOSED FOR WASTE PROCESSING OR
DISPOSAL WILL ALSO BE TAKEN INTO ACCOUNT WHEN CONSIDERING
APPLICATIONS.
WASTE POLICY 43
PLANNING PERMISSION WILL ONLY BE GRANTED FOR THE DISPOSAL,
TRANSFER, PROCESSING OR RECYCLING OF WASTE WHICH IS CAPABLE OF
BEING TRANSPORTED TO SITES VIA RAIL, WATER OR PRIMARY AND
DISTRIBUTOR ROADS AS IDENTIFIED IN THE COUNTY COUNCIL’S CURRENT
TRANSPORT POLICIES AND PROGRAMMES (TPP) DOCUMENT). IN
DETERMINING PROPOSALS, THE COUNTY COUNCIL WILL TAKE INTO
ACCOUNT THE EFFECT OF LORRY TRAFFIC ON LOCAL COMMUNITIES AND
RESIDENTIAL AREAS. SUPPORT WILL BE GIVEN TO PROPOSALS FOR THE
TRANSPORT OF WASTE BY RAIL OR WATER.
WHERE THE TRANSPORT OF WASTE WOULD REQUIRE THE USE OF LOCAL
ROADS (AS DEFINED IN THE COUNTY COUNCIL’S TPP) TO GAIN ACCESS TO
THE WASTE MANAGEMENT SITE FROM THE MAJOR ROAD NETWORK, OR
WHERE OTHER ROADS MAY BE UNSUITABLE ON TRAFFIC SAFETY,
ENGINEERING OR ENVIRONMENTAL GROUNDS FOR INCREASED LEVELS OF
HEAVY TRAFFIC, APPLICANTS FOR PLANNING PERMISSION WILL BE
REQUIRED TO CARRY OUT, AND SUBMIT THE RESULTS OF, A STUDY OF THE
73
IMPACT OF HEAVY GOODS VEHICLE TRAFFIC ON ROAD SAFETY AND THE
ENVIRONMENT.
PLANNING PERMISSION WILL BE GRANTED IF THE TRAFFIC IMPACT STUDY
DEMONSTRATES THAT THE ADVERSE IMPACTS CAN BE AMELIORATED BY
ENVIRONMENTALLY ACCEPTABLE HIGHWAY AND/OR OTHER
IMPROVEMENTS TO THE SATISFACTION OF THE COUNTY COUNCIL. ALL
ROAD WORKS WHICH WOULD BE NECESSARY TO PERMIT WASTE
MANAGEMENT DEVELOPMENT WOULD EITHER BE THE SUBJECT OF
PLANNING CONDITIONS REQUIRING THE WORKS TO BE CARRIED OUT IN
ADVANCE OF DEVELOPMENT OR SUBJECT TO THE APPLICANT ENTERING
INTO A LEGAL AGREEMENT WITH THE COUNTY COUNCIL TO ENSURE THE
IMPLEMENTATION OF SUCH IMPROVEMENTS. WHERE APPROPRIATE, LIMITS
ON VEHICLE NUMBERS WILL BE IMPOSED. WHERE ACCEPTABLE WORKS TO
LOCAL RURAL ROADS WOULD ENABLE TEMPORARY WASTE MANAGEMENT
DEVELOPMENT TO TAKE PLACE, THE RESTORATION OF SUCH ROADS BACK
TO THEIR ORIGINAL SCALE AND APPEARANCE ONCE WASTE DISPOSAL
DEVELOPMENT IS COMPLETE MAY ALSO BE REQUIRED, DEPENDING ON
LOCAL CIRCUMSTANCES.
IN DETERMINING APPLICATIONS FOR WASTE MANAGEMENT FACILITIES,
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21
THE COUNTY COUNCIL WILL TAKE INTO ACCOUNT THE EFFECT THE EXTRA
ACTIVITY WILL HAVE UPON OTHER USERS OF THE ROAD SYSTEM IN THE
AREA, THE STRUCTURE OF THE ROADS, ROAD VERGES, ROADSIDE TREES,
HEDGES AND THE ADJOINING ENVIRONMENT.
CONDITIONS TO PREVENT ANY SOILING OF THE PUBLIC HIGHWAY MAY BE
IMPOSED INCLUDING THE PROVISION OF SUITABLY SURFACED ACCESS
ROADS, WHEEL CLEANING EQUIPMENT, AND, POSSIBLY, WATER BOWSERS
AND SHEETING TO PREVENT DUST OR SPILLAGE.
East Hertfordshire Local Plan 1986-2001, adopted December
1999
RA3
(I)
THE DISTRICT COUNCIL WILL MAINTAIN A RURAL
AREA BEYOND THE GREEN BELT, WHEREIN
INAPPROPRIATE DEVELOPMENT WILL NOT BE PERMITTED;
(II)
WITHIN THE RURAL AREA BEYOND THE GREEN BELT,
EXCEPT FOR DEVELOPMENT WITHIN THE SELECTED
RURAL SETTLEMENTS OF BUNTINGFORD AND
STANDON/PUCKERIDGE IN ACCORDANCE WITH POLICIES
DP1, BUNT 2 AND SP2, PERMISSION WILL NOT BE GIVEN FOR THE
CONSTRUCTION OF NEW BUILDINGS OR FOR CHANGES OF USE FOR
PURPOSES OTHER THAN:
(a)
MINERAL EXTRACTION PROVIDED THAT HIGH ENVIRONMENTAL
STANDARDS ARE MAINTAINED AND THAT THE SITE IS TO BE
WELL RESTORED;
(b)
AGRICULTURE OR FORESTRY;
(c)
ESSENTIAL SMALL SCALE FACILITIES FOR OUTDOOR SPORT
AND OUTDOOR RECREATION;
(d)
LIMITED EXTENSIONS OR ALTERATIONS TO EXISTING
DWELLINGS IN ACCORDANCE WITH POLICY BE6;
(e)
REPLACEMENT DWELLINGS, IN CIRCUMSTANCES WHERE THE
ORIGINAL DWELLING IS OF POOR APPEARANCE OR
CONSTRUCTION NOT CONTRIBUTING TO THE CHARACTER OR
APPEARANCE OF THE SURROUNDINGS. SUCH DWELLINGS
SHOULD NOT MATERIALLY EXCEED THE SIZE OF ORIGINAL
DWELLINGS IN TERMS OF FLOORSPACE AND HEIGHT, TAKING
INTO ACCOUNT WHETHER THE BUILDING HAS PREVIOUSLY
BEEN EXTENDED AND EXCLUDING OUTBUILDINGS AND
DETACHED GARAGES IN DETERMINING FLOORSPACE FIGURES,
EXCEPT IN EXCEPTIONAL CIRCUMSTANCES. WHERE THE
ORIGINAL DWELLING HAS ALREADY BEEN EXTENDED
PERMITTED DEVELOPMENT RIGHTS MAY BE REMOVED FROM
THE REPLACEMENT DWELLING;
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(f)
SMALL SCALE AFFORDABLE HOUSING FOR LOCAL NEEDS
WITHIN EXISTING RURAL SETTLEMENTS IN ACCORDANCE WITH
POLICY H6;
(g)
THE ADAPTATION AND RE-USE OF RURAL BUILDINGS IN
ACCORDANCE WITH POLICY RA6;
(h)
OTHER ESSENTIAL SMALL SCALE FACILITIES OR USES OF LAND
WHICH ARE APPROPRIATE TO A RURAL AREA AND WHICH
ASSIST RURAL DIVERSIFICATION.
RA6A (I)
THE DISTRICT COUNCIL WILL PERMIT PROPOSALS
FOR THE ADAPTATION AND RE-USE OF AGRICULTURAL
AND OTHER RURAL BUILDINGS FOR BUSINESS, LEISURE,
TOURISM, COMMUNITY AND OTHER PURPOSES
COMPATIBLE WITH THE RURAL AREA PROVIDED
THAT ALL OF THE FOLLOWING CRITERIA ARE MET:
(a)
THE EXISTING BUILDING IS OF A FORM, BULK, GENERAL
DESIGN AND MATERIALS OF CONSTRUCTION SUCH THAT
IS IN KEEPING WITH ITS SURROUNDINGS;
IT
(b) THE BUILDING IS PERMANENT AND IS SOUNDLY CONSTRUCTED,
NOT REQUIRING COMPLETE OR SUBSTANTIAL RECONSTRUCTION
BEFORE ADAPTATION TO A NEW USE;
(c) THE PROPOSED USE IS SYMPATHETIC TO THE RURAL
CHARACTER AND APPEARANCE OF THE BUILDING, NOT REQUIRING
EXTENSIVE ALTERATIONS OR ANYTHING OTHER THAN MINOR
EXTENSIONS TO ACCOMMODATE IT;
(d) CONVERSION WOULD NOT LEAD TO DISPERSAL OF ACTIVITY ON
SUCH A SCALE AS TO PREJUDICE TOWN AND VILLAGE VITALITY;
(e)
THE PROPOSED USE IS SYMPATHETIC TO ITS
SURROUNDINGS NOT RESULTING IN THE CREATION OF VISUALLY
INTRUSIVE HARDSTANDINGS OR VISUALLY DISTINCT CURTILAGES OR
INVOLVING SIGNIFICANT LEVELS OF OUTDOOR WORKING AND
STORAGE;
(f)
THE PROPOSAL IS NOT DETRIMENTAL IN
TERMS OF TRAFFIC GENERATION, ACCESS, PARKING AND SERVICING
REQUIREMENTS;
(g)
THE AMENITY OF NEARBY RESIDENTS IS NOT
SIGNIFICANTLY AFFECTED.
(II)
THE RESIDENTIAL USE OF A BUILDING MAY BE PERMITTED
PROVIDED ALL OF THE FOLLOWING CRITERIA ARE MET:
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(a)
THE BUILDING IS WORTHY OF RETENTION AND THE
INTRODUCTION OF A RESIDENTIAL USE WOULD NOT DETRACT
SIGNIFICANTLY FROM THE RURAL CHARACTER AND APPEARANCE OF
THE AREA.
(b)
THE RETENTION OF THE BUILDING IS UNABLE TO BE
FACILITATED BY CONVERSION TO A BUSINESS USE OR PART OF A
SCHEME FOR BUSINESS RE-USE, LEISURE, TOURISM, COMMUNITY OR
OTHER PURPOSES COMPATIBLE WITH THE RURAL AREA; AND
(c)
THE PROPOSAL COMPLIES WITH THE RELEVANT PROVISIONS OF
THIS POLICY AND OTHER LOCAL PLAN POLICIES.
(III)
IN CONSIDERING PROPOSALS FOR THE
ADAPTATION AND RE-USE OF LISTED BUILDINGS OR PROPOSALS
WHICH AFFECT THE SETTING OF LISTED BUILDINGS, THE DISTRICT
COUNCIL WILL REQUIRE THAT THE INTERNAL AND EXTERNAL
APPEARANCE, FABRIC, FORM AND SETTING OF BUILDINGS ARE NOT
ADVERSELY AFFECTED, IN LINE WITH POLICY BE16.
BE10
(I)
THE DISTRICT COUNCIL WILL EXPECT
DEVELOPMENT PROPOSALS (INCLUDING INDUSTRY, ROADS,
AIRPORTS AND OTHER NOISE GENERATING USES) TO BE DESIGNED
AND OPERATED IN SUCH A WAY THAT MINIMISES THE IMPACT OF
NOISE NUISANCE ON THE ENVIRONMENT. PROPOSALS FOR
DEVELOPMENT WHICH DO NOT MEET NOISE STANDARDS IN APPENDIX
II WILL NOT BE PERMITTED.
(II)
NOISE SENSITIVE DEVELOPMENTS (INCLUDING
HOUSING, SCHOOLS AND HOSPITALS) SHOULD NOT BE EXPOSED TO
NOISE NUISANCE FROM EXISTING NOISE GENERATING SOURCES, OR
PROGRAMMED DEVELOPMENTS SUCH AS NEW ROADS. PLANNING
PERMISSION WILL BE GIVEN ONLY FOR LAYOUTS WHICH WILL PROVIDE
PROTECTION AGAINST NOISE AS WELL AS MEETING OTHER DESIGN
OBJECTIVES.
EMP5 THE DISTRICT COUNCIL WILL CONSIDER PROPOSALS FOR THE
ADAPTATION AND RE-USE OF AGRICULTURAL AND OTHER RURAL
BUILDINGS FOR EMPLOYMENT PURPOSES IN ACCORDANCE WITH
POLICY RA6.
M11
THE DISTRICT COUNCIL WILL, WHEN ASSESSING
DEVELOPMENT PROPOSALS WHICH ARE EXPECTED TO GIVE RISE TO
A CHANGE IN THE AMOUNT OR TYPE OF TRAFFIC ON LOCAL RURAL
ROADS:
(I)
(a)
NOT PERMIT DEVELOPMENT WHERE:
THERE IS AN INCREASED RISK OF ACCIDENTS,
ESPECIALLY TO PEDESTRIANS AND CYCLISTS;
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(II)
(b)
THE ROAD IS POOR IN TERMS OF WIDTH AND
ALIGNMENT;
(c)
INCREASED TRAFFIC WOULD HAVE A
SIGNIFICANT ADVERSE EFFECT ON THE
LOCAL ENVIRONMENT, EITHER TO THE RURAL
CHARACTER OF THE ROAD OR RESIDENTIAL
PROPERTIES ALONG IT.
SEEK FINANCIAL CONTRIBUTIONS FROM DEVELOPERS FOR
ROAD AND/OR JUNCTION IMPROVEMENTS, WHERE THESE ARE
NECESSITATED BY THE PROPOSED DEVELOPMENT AND ARE
REASONABLY RELATED TO IT IN SCALE.
East Hertfordshire Local Plan Second Review, Re-Deposit
Version, November 2004
GBC5 (Amended Existing Policy RA3(I)) The Rural Area Beyond the
Green Belt
A Rural Area Beyond the Green Belt will be maintained in the central and
northern part of the District, as defined on the Proposals Map, wherein
inappropriate development will not be permitted.
GBC6 (Amended Existing Policy RA3(II)) Appropriate Development in
the Rural Area Beyond the Green Belt
Within the Rural Area Beyond the Green Belt, except for development within
the main settlement of Buntingford and the other settlements identified in
Policy OSV1(Category 1 villages), permission will not be given for the
construction of new buildings or for changes of use for purposes other than:
(a) agriculture or forestry;
(b) essential small scale facilities for outdoor sport and outdoor
recreation;
(c) limited extensions or alterations to existing dwellings in accordance
with Policy ENV11, to employment premises in line with Policies EDE4
and OSV7, and to community facilities in line with Policy OSV9;
GBC10 (Amended Existing Policy RA6A) Adaptation and Re-use of
Rural Buildings
(I) Proposals for the adaptation and re-use of agricultural and other nonresidential/domestic rural buildings for business, leisure, tourism, community
and other purpose compatible with the rural area, will be permitted, provided
that all of the following criteria are met:
(a)
the existing building is of a form, bulk, general design and
materials of construction such that it is in keeping with its
surroundings;
(b)
the building is permanent and is soundly constructed, not
requiring complete or substantial reconstruction before
adaptation to a new use;
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(c)
the proposed use is sympathetic to the rural character and
appearance of the building, not requiring extensive alterations or
anything other than minor extensions to accommodate it;
(d)
conversion would not lead to dispersal of activity on such a
scale as to prejudice town and village vitality;
(e)
the proposed use is sympathetic to its surroundings not resulting
in the creation of visually intrusive hardstandings or visually
distinct curtilages or involving significant levels of outdoor
working and storage;
(f)
the proposal is not detrimental in terms of traffic generation,
access, parking and servicing requirements the proposal will not
have a significant adverse impact in terms of traffic generation,
access, parking and servicing requirements.; and
(g)
the amenity of nearby local residents is not significantly
affected; and
(h)
in the case of Listed Buildings, the historic (archaeological)
value of the structure(s) has been assessed in a historic building
impact assessment and appropriate mitigation of any impact on
the structure(s) has been put in place to the satisfaction of the
District Council.
(II) The residential use of a building may be permitted provided all of the
following criteria are met:
(a)
the building is worthy of retention and the introduction of a
residential use would not detract significantly from the rural
character and appearance of the area;
(b)
the retention of the building is unable to be facilitated by
conversion to a business use or part of a scheme for business
re-use, leisure, tourism, community or other purposes
compatible with the rural area; and
(c)
the proposal complies with the relevant provisions of this policy
and other local plan policies.; and
(d)
in the case of Listed Buildings, the historic (archaeological)
value of the structure(s) has been assessed in a historic building
impact assessment and appropriate mitigation of any impact on
the structure(s) has been put in place to the satisfaction of the District Council.
TR21 (Amended Existing Policy M11) Development Generating
Traffic on Rural Roads
(I) The District Council will, when In assessing development proposals that are
expected to give rise to a significant change in the amount or type of traffic on
local rural roads, development will not be permitted where:
(I) Not permit development where:
(a)
there is an increased risk of accidents, especially to pedestrians
and cyclists;
(b)
the road is poor in terms of width and alignment and
construction;
(c)
increased traffic would have a significant adverse effect on the
local environment, either to the rural character of the road or
residential properties along it;
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However, development on rural roads will not be precluded where the
applicant is able to mitigate the impact of the development via suitable
highway improvements, sustainable transport accessibility, and financial
contributions to the satisfaction of the Highway Authority.
(II) Seek For all developments considered acceptable in highways terms,
financial contributions from developers will be sought for road and/or junction
improvements or measures to assist passenger transport, cyclists and
pedestrians where these are necessitated by the proposed development and
are reasonably related to it in scale.
EDE4 (Amended Existing Policy EMP4) Employment Uses Outside
Employment Areas
Outside identified Employment Areas but within the six main settlements
(listed in Policy SD1) and within the Category 1 and 2 villages, and in
accordance with Policies OSV1 and OSV2, proposals for appropriate scale
employment use involving the erection, extension, conversion or change of
use of buildings outside employment areas may be permitted, subject to all
the following criteria being met:
(a)
the proposal would not result in the loss of satisfactory
residential accommodation;
(b)
the proposal would not have a significantly adversely affect
impact on the amenities of nearby occupiers;
(c)
the site is capable of accommodating the proposal along with
the necessary access, parking and servicing arrangements;.
(d)
the proposal is of an appropriate scale; and
(e)
the proposal is environmentally acceptable.
ENV28 (Amended Existing Policy BE10(I)) Noise Generating
Development
(I) The District Council will expect noise generating development to be
designed and operated in such a way that minimises the impact of noise
nuisance on the environment.
(II) In considering proposals, the following will be taken into account:
(a) the proximity of existing or proposed noise sensitive developments;
(b) the proximity of nature conservation sites;
(c) the cumulative impact of noisy development;
(d) the time and nature of the noise;
(e) the nature of the surrounding area.
(III) Proposals which do not meet noise standards set out in Appendix III will
not be permitted.
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Appendix 2: Explanation of vehicle movements calculation
Reproduction of Section 5.1 of the Additional Information submitted in
support of the application.
5.1
Parknload movements One of the two proprietors takes the Mercedes van
home each evening, using it in effect as a private car and work vehicle. Next
morning, at start of work and assuming the lorry rather than the van is needed that
day, he returns in the van to the Parknload site and takes the lorry out, either to collect
or to dispose of material. Later in the day he returns with the lorry loaded. If the van
rather than the lorry is required that day, his first trip is direct from home to the point
of collection or disposal. The second proprietor need not visit the Parknload site but
may do so irregularly. Exceptionally and certainly infrequently, there may be a
second return to the Parknload site by the lorry or van. The daily pattern will thus be
2 (max 3) lorry movements, 2 (max 3) van movements and (say) 2 car movements
along Owles Lane; that is 6 (max 8) total movements. These would tend to
concentrate at either end of the working day (see 3.6). The largest vehicle involved is
in layman’s terms a small (7.5 tonne) lorry. We suggest that in practice this
represents a minimal addition to traffic in Owles Lane, over and above the present
flow and the flow which might reasonably be anticipated without any further planning
application at Owles Farm.
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