3.3 Environment
The Norfolk Coast Area of Outstanding Natural Beauty and The Broads
3.3.1 Government policy 11 affords nationally designated areas the highest status of protection in relation to natural beauty. The Norfolk Coast AONB and The Broads are valuable assets for North Norfolk, in terms of sustainable tourism, quality of life and also as wildlife habitats. The importance of protecting these resources is stated in the Core Strategy aims, the North Norfolk Sustainable Community Strategy and the Management Plans of the respective areas.
3.3.2 The Norfolk Coast AONB Management Plan provides guidance for the conservation and enhancement of the areas special qualities and should be taken into consideration in all development proposals that could affect the area.
3.3.3 The Broads have a status equivalent to a National Park and include several European wildlife designations. The Broads Authority is the local planning authority for the Broads Area and policies in the Broads LDF apply there. Development in North Norfolk can however affect the Broads in a variety of ways such as through light pollution, noise, landscape impact and run off affecting water quality. Proposals should therefore carefully consider any direct or indirect effects on The Broads.
3.3.4 National policy advises that major developments should not take place in nationally designated areas such as AONBs except in exceptional circumstances. However other smaller developments can also be harmful and development proposals that, by virtue of their scale, design, and/or location, might cause significant adverse impacts on the Norfolk Coast AONB or The Broads will not be permitted. Small scale developments that are essential for meeting local needs, such as affordable housing, or other uses which are necessary to sustain the area such as employment and community uses may be acceptable, especially where they are well related to existing settlements. Part of the Norfolk Coast AONB is within existing built up areas and proposals will be considered having regard to their setting and impact on the surrounding area.
3.3.5 Policy EN12 'Relocation and replacement of development affected by coastal erosion risk' outlines the circumstances in which development can be permitted in the Countryside where it replaces that threatened by coastal erosion. Many of the areas that are likely to experience erosion are either within or in close proximity to the Norfolk Coast AONB. In order for the objectives of Policy EN12 to be met, development that complies with Policy EN12 is considered acceptable in principle within the AONB.
Policy EN 1
Norfolk Coast Area of Outstanding Natural Beauty and The Broads
The impact of individual proposals, and their cumulative effect, on the Norfolk Coast AONB, The Broads and their settings, will be carefully assessed. Development will be permitted where it;
- is appropriate to the economic, social and environmental well-being of the area or is desirable for the understanding and enjoyment of the area;
- does not detract from the special qualities of the Norfolk Coast AONB or The Broads; and
- seeks to facilitate delivery of the Norfolk Coast AONB management plan objectives.
Opportunities for remediation and improvement of damaged landscapes will be taken as they arise.
Proposals that have an adverse effect will not be permitted unless it can be demonstrated that they cannot be located on alternative sites that would cause less harm and the benefits of the development clearly outweigh any adverse impacts.
Development proposals that would be significantly detrimental to the special qualities of the Norfolk Coast AONB or The Broads and their settings will not be permitted.
Protection and Enhancement of Landscape and Settlement Character
3.3.6 The visual character of North Norfolk's landscapes, seascapes, townscapes, and the separation of settlements, both within and outside of designated areas, is highly valued by residents and visitors. High priority is given to the protection, conservation and enhancement of this landscape character and new development should be well-designed and help sustain and/or create landscapes and townscapes with a strong sense of place and local identity.
3.3.7 A Landscape Character Assessment has been prepared which identifies and describes distinctive Landscape Character Areas and Types throughout North Norfolk and incorporates details on biodiversity and historic landscape features. This information should be used, along with other studies that provide part of the evidence base about landscape and the character of towns and villages in the District, to ensure that development proposals reflect the distinctive character, qualities and sensitivities of the area. Other such studies include historic landscape characterisations, Urban Archaeological Surveys, Conservation Area Appraisals, Town/Village Design Statements and Parish Plans prepared by local communities.
3.3.8 The setting of, and views from, designated areas are protected by policy, however a particular designation is made around Sheringham Park where the setting has particular importance. In many other historic parks and gardens, such as Felbrigg Hall, the settings are such that woodland or topography limits views to the surrounding area, and therefore development in the surrounding landscape has limited impact on the park itself. In contrast, however, Sheringham Park estate is quite modest in size and its design relies upon important views into the surrounding countryside and seascape for much of its beauty. Sheringham Park is particularly susceptible to development pressure in the surrounding area of Sheringham and therefore an area of influence has been defined on the Proposals Map. Development proposals within the defined setting of Sheringham Park must have particular regard to their impact on the surrounding landscape and long views from the Park.
Policy EN 2
Protection and Enhancement of Landscape and Settlement Character
Proposals for development should be informed by, and be sympathetic to, the distinctive character areas identified in the North Norfolk Landscape Character Assessment and features identified in relevant settlement character studies.
Development proposals should demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance:
- the special qualities and local distinctiveness of the area (including its historical, biodiversity and cultural character)
- gaps between settlements, and their landscape setting
- distinctive settlement character
- the pattern of distinctive landscape features, such as watercourses, woodland, trees and field boundaries, and their function as ecological corridors for dispersal of wildlife
- visually sensitive skylines, hillsides, seascapes, valley sides and geological features
- nocturnal character
- the setting of, and views from, Conservation Areas and Historic Parks and Gardens.
- the defined Setting of Sheringham Park, as shown on the Proposals Map.
Figure 5 Landscape character types
(Popup full image)
The Undeveloped Coast
3.3.9 Large parts of the North Norfolk coast are protected by the Norfolk Coast AONB, SSSI and Natura site designations, and this sensitivity presents a constraint in certain areas, however the whole of the coast has a special undeveloped character and appeal which is critical to North Norfolk’s distinctiveness and tourism economy. Non-essential development in a coastal area can have cumulative effects on landscape, biodiversity and recreation. Government policy 12 states that development that does not require a coastal location should not normally be provided within the coastal zone and it is reasonable to expect provision for housing, employment and other activities to be made elsewhere. Therefore, in North Norfolk development permitted in the 'Countryside' but that does not require a coastal location should be directed to appropriate sites inland, for example around the Principal Settlements of Fakenham or North Walsham, rather than in the undeveloped coastal strip.
3.3.10 The North Norfolk Landscape Character Assessment (LCA) identifies areas that have a coastal character, however this is based on landscape considerations only. The Undeveloped Coast designation is designed to minimise the wider impact of general development, additional transport and light pollution on the distinctive coastal area. The area is designated on the Proposals Map and is shown below. Whilst in substantial areas of the District this overlaps with those areas of coastal character identified in the LCA their purpose and basis for assessment is different.
3.3.11 Policy EN 12 ‘ Relocation and Replacement of Development Affected by Coastal Erosion Risk’ outlines the situations where development will be permitted in the Countryside where it re-locates that which is threatened by coastal erosion, and these exceptions will be allowed in the Undeveloped Coast.
Policy EN 3
Undeveloped Coast
In the Undeveloped Coast only development that can be demonstrated to require a coastal location and that will not be significantly detrimental to the open coastal character will be permitted.
Community facilities, commercial, business and residential development that is considered important to the well-being of the coastal community will be permitted where it replaces that which is threatened by coastal erosion.
Quality of Design
3.3.12 In addition to the natural environment, the quality and local distinctiveness of the built environment in North Norfolk is an important asset for the area and has a significant impact on everyday life. The importance of new development complementing and relating to its surroundings, while being safe and accessible for all, is established in the Core Strategy Vision and Aims. The aims also seek to mitigate the impacts of climate change, and the environmental performance of new buildings is particularly important in this context.
3.3.13 Policy EN 6 ‘ Sustainable Construction and Energy Efficiency ’ requires that development proposals consider energy efficiency and sustainable design from the outset. Whilst many of these principles can be incorporated within existing building materials and forms it is also acknowledged that non-traditional materials and designs may be necessary in order to achieve very low carbon or carbon neutral developments and meet Government targets for reducing carbon emissions.
3.3.14 In most of the towns and some villages, there has been concern about the loss of residential gardens to development and the resultant impact on biodiversity and character. The definition of previously developed land 13 does include gardens, however it states that there is no presumption that land that is previously developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed. The Council is concerned about any possible detrimental effects of developing gardens and proposals for such development will therefore be considered against their impact on biodiversity and character and in the context of the landscape and density of the surrounding area.
3.3.15 Design and Access Statements are required to be submitted with most planning applications and these should demonstrate how a proposal is functional, attractive and accessible to all. The criteria in 'Building for Life' published by CABE are useful for considering character, public space, design and construction and the surrounding environment and community, and developers are encouraged to incorporate these principles in proposals. Important approach routes have been identified on the Proposals Map which provide important views while travelling into a settlement. These have been selected on the basis of their 'gateway' function for visitors to the towns. Providing a first impression is important in protecting or enhancing the townscape of the wider settlement. Development proposals along these routes should have particular regard to their setting. The Government publication 'Manual for Streets' 14 aims to assist in the creation of high quality residential streets and should be used in such proposals. Developers are also encouraged to go beyond minimum access standards set out in Building Regulations and provide higher standards of accessibility for all within public spaces as well as individual buildings.
3.3.16 The North Norfolk Design Guide provides guidance on how design should complement local architectural traditions and how sustainable construction techniques can be incorporated within the context of the quality and character of the existing built heritage. Conservation Area Appraisals, the Landscape Character Assessment and Town and Village Design Statements provide a more detailed local context for the consideration of development and should also be taken into account where they have been produced. There will be reviews of such statements during the lifetime of the Local Development Framework and the most up to date material should be referred to. Further information on general design principles is available in ‘By Design’ produced by CABE and DTLR 15 .
3.3.17 Developments should be safe and take account of crime prevention and community safety considerations. Developers should therefore contact Norfolk Constabulary to ensure that ‘Secured by Design’ principles are incorporated within all schemes. This will require particular consideration to layout of the development to increase natural surveillance, layout of roads and footpaths, appropriate planting, specific consideration of the use / misuse of open space and secure standards of doors and windows for example. Further advice on 'Secured by Design' is available from Norfolk Constabulary. In town centres covered by CCTV systems, developers will be required to consider these facilities in their design and / or contribute to the siting / re-siting of cameras where appropriate.
Policy EN 4
Design
All development will be designed to a high quality, reinforcing local distinctiveness. Innovative and energy efficient design will be particularly encouraged. Design which fails to have regard to local context and does not preserve or enhance the character and quality of an area will not be acceptable.
Development proposals, extensions and alterations to existing buildings and structures will be expected to:
- Have regard to the North Norfolk Design Guide;
- Incorporate sustainable construction principles contained in policy EN6;
- Make efficient use of land while respecting the density, character, landscape and biodiversity of the surrounding area;
- Be suitably designed for the context within which they are set;
- Retain existing important landscaping and natural features and include landscape enhancement schemes that are compatible with the Landscape Character Assessment and ecological network mapping;
- Ensure that the scale and massing of buildings relate sympathetically to the surrounding area;
- Make a clear distinction between public and private spaces and enhance the public realm;
- Create safe environments addressing crime prevention and community safety;
- Ensure that places and buildings are accessible to all, including elderly and disabled people;
- Incorporate footpaths, green links and networks to the surrounding area;
- Ensure that any car parking is discreet and accessible; and
- Where appropriate, contain a variety and mix of uses, buildings and landscaping.
Proposals should not have a significantly detrimental effect on the residential amenity of nearby occupiers and new dwellings should provide acceptable residential amenity.
Development proposals along entrance routes into a settlement should have particular regard to their location. Important Approach Routes are identified on the Proposals Map which should be protected and enhanced through careful siting, design and landscaping of any new development.
Public Realm
3.3.18 North Norfolk's towns provide a valuable function for residents and they provide an attraction for visitors, based to a large extent on the quality of the built and natural environment. Over recent years their traditional role has been subject to increasing competition from Norwich and their attraction for tourism needs careful protection. The Council has recognised that additional measures are therefore necessary to sustain their viability, and Cromer, Fakenham and North Walsham have been the subject of projects to promote their social, economic and environmental well-being. This has included town centre enhancement schemes funded by the District and County Councils with support from the Regional Development Agency, Heritage Lottery Fund and the European Union.
3.3.19 The identification and designation of certain areas within settlements as Public Realm is intended to continue these efforts of revitalising the settlements, by identifying areas which are particularly important for the function and attractiveness of the town, and seeking to ensure that all proposals in such areas (including highway works, shop front alterations, provision of public seating and landscaping etc) have regard to the appearance and usability of the area. A co-ordinated approach between developers, service providers and those who work within the area will be encouraged to achieve this.
Policy EN 5
Public Realm
Within areas designated as Public Realm proposals will be expected to enhance the overall appearance and usability of the area, and a co-ordinated approach to management will be encouraged.
Sustainable Construction and Energy Efficiency
3.3.20 The Spatial Strategy for the location of new development is designed to minimise the need to travel, especially by car, thereby reducing carbon emissions. The design of new development is also important, as energy use in buildings accounted for nearly half of UK carbon dioxide emissions in 2004 and more than a quarter of these came from the energy used to heat, light and run homes 16 .
3.3.21 Climate change will have major implications on the UK’s environment and could result in more extreme weather events, including hotter and drier summers, flooding and rising sea levels leading to coastal realignment. This has severe consequences for North Norfolk which is subject to coastal erosion, has areas at risk of flooding and has an important agricultural economy. Evidence on climate change implications is available from the Tyndall Centre, based at the University of East Anglia.
3.3.22 North Norfolk District Council have signed the Nottingham Declaration on climate change which is a public statement of intent to work with the local community and businesses to respond to the challenges of climate change. This includes cutting greenhouse gas emissions such as carbon dioxide and preparing for the changes climate change will bring.
3.3.23 The Council is seeking to ensure that all new development contributes towards sustainable development, reduces or minimises carbon emissions, is resilient to future implications of climate change and protects residents from the effects of fuel poverty. New dwellings are likely to comprise the majority of new development in North Norfolk and The Code for Sustainable Homes 17 is a national standard used to assess the sustainability of new dwellings. Particular Code for Sustainable Homes ratings should be met in order to ensure that the housing requirement is provided in a sustainable manner. The Code looks at dwellings in a holistic way and certain standards in terms of water consumption, environmental impact of materials used, provision of outside space and protection of existing ecological features need to be met to reach a particular 'score'.
3.3.24 An interim Code for Sustainable Homes certificate issued by an accredited assessor stating the sustainability rating should be submitted with all proposals for new dwellings. The final certificate of compliance will be provided to the authority on completion of the development. In the event that the Code for Sustainable Homes is replaced by another method of assessment dwellings should meet at least the equivalent standards set out in the policy. Energy efficiency of new and existing dwellings is very important and the Council provides advice on sources of grant funding to improve the efficiency of existing dwellings as well as advice on implementing the requirements of this policy.
3.3.25 Policy EN6 seeks to achieve greater efficiency in use of natural resources, minimise energy demand and increase the use of renewable resources. This should reduce the running costs of buildings and create attractive and healthy places for people to live and work by use of natural light and ventilation. The Government's expectations for water efficiency in new buildings are set out in the DCLG publication 'Water Efficiency in New Buildings' and should be implemented in all schemes. When looking at re-use of previously developed land, developers should seek to renovate existing buildings where appropriate rather than demolition and rebuilding. Recovered building materials should also be used where possible. This will reduce energy used in construction and will also contribute to protecting the built heritage.
Policy EN 6
Sustainable Construction and Energy Efficiency
All new development will be required to demonstrate how it minimises resource consumption, minimises energy consumption compared to the current minimum required under part L of the Building Regulations, and how it is located and designed to withstand the longer term impacts of climate change. All developments are encouraged to incorporate on site renewable and / or decentralised renewable or low carbon energy sources, especially in those areas with substation capacity issues. The most appropriate technology for the site and the surrounding area should be used, and proposals should have regard to the North Norfolk Design Guide.
All new dwellings will be required to achieve at least a two star rating under the Code for Sustainable Homes. This requirement will rise over the plan period and by 2010 new dwellings will achieve at least a three star rating and by 2013 new dwellings will achieve at least a four star rating. These standards require consideration of issues such as:
- orientation to maximise solar gain;
- use of low water volume fittings and grey water recycling;
- high levels of insulation; and
- adequate provision for separation and storage of waste for recycling
Development proposals over 1,000 square metres or 10 dwellings (new build or conversions) will be required to include on-site renewable energy technology to provide for at least 10% of predicted total energy usage. By 2013 this requirement will rise to at least 20%. These proposals will be supported by an energy consumption statement 18 .
Where site conditions are particularly suitable, and for developments over 100 dwellings, on-site renewable energy should provide for at least 20% of predicted total energy usage, rising to at least 30% by 2013, and provision of zero carbon dwellings 19 will be encouraged.
3.3.26 The East of England Plan contains targets that 14% of total electricity consumption in the East of England (or 10% excluding offshore wind) shall be from renewable energy by 2010, and 44% (17% excluding offshore wind) by 2020.
3.3.27 The target for particular developments to provide at least 10% of their energy needs from renewable sources is supported by the East of England Plan and government policy on climate change 20 , and has been set having regard to other requirements on developers and the North Norfolk Sustainable Community Strategy that identifies the delivery of affordable housing as the key priority. Climate change issues were recognised in the Community Strategy as being important, however only after short term basic needs such as housing were met.
3.3.28 The requirement increases to 20% by 2013 in order to reflect rising targets and the likely fall in costs of renewable technology and increase in best practice over time. The Government consultation, ‘Building a Greener Future’, sets out a timescale for achieving zero carbon dwellings by 2016 and suggests that by 2013 homes will be required to be 44% more energy / carbon efficient as compared to 2006 levels. This will require some form of low or zero carbon energy use and therefore a rising target for production of renewable energy supports this aim. Much improvement will be sought via Building Regulations and it is likely that these will be strengthened to improve energy / carbon performance. Energy Performance Certificates are also required for new buildings through the Energy Performance of Building Directive.
3.3.29 Large allocations and development sites will provide particular opportunities for exceeding the targets and achieving low or zero carbon development through comprehensive community wide schemes. Higher levels of renewable energy may also be used to overcome energy supply problems in parts of the District such as North Walsham. There are a wide variety of measures that can be used to achieve the energy and sustainable design requirements, and all proposals should consider the most appropriate for the particular site, having had regard to the North Norfolk Design Guide.
3.3.30 Achieving these targets may be challenging for developers but they should be achievable, depending on site-specific and economic viability considerations. Actual provision will be determined through negotiation, taking account of factors such as site characteristics and viability of development, and in exceptional circumstances, where it can be shown to not be viable, a reduced rate or off-site provision may be acceptable provided it can be traced to a permanent renewable source nearby (a green tariff will not be acceptable).
3.3.31 Developers should submit a checklist to show how the proposal minimises energy and resource consumption, how it is adapted to current and potential future climate impacts and how it reduces carbon emissions. An example of a sustainable construction checklist is contained within the North Norfolk Design Guide. Further guidance can also be provided on request.
3.3.32 Renewables East 21 , a private, not-for-profit company working to enable the East of England meet its target for the production of energy from renewable sources, can advise on best practice. Further advice on methods and costs of incorporating renewable energy is available in The Energy Saving Trust publication ‘Meeting the 10 per cent target for renewable energy in housing’. An example of the procedure that could be applied in integrating renewable energy technology and preparing the energy consumption statement is contained in the London Renewables Toolkit 22 .
Renewable Energy
3.3.33 Government policy 23 states that planning policies should promote and encourage, rather than restrict, the development of renewable energy resources, and Core Strategy aims include mitigating and adapting to the effects of climate change and encouraging renewable energy production. The East of England Plan contains targets for renewable energy production.
3.3.34 The North Norfolk Sustainable Community Strategy recognises that the use of natural resources and assets of the local area could be optimised, for example to boost the economy through the production of bio-fuels and there is potential for future growth in this area. Policy EN7 is intended to increase the supply of renewable energy production in North Norfolk and contribute to regional targets. The production of renewable energy could also help alleviate energy supply problems in parts of the District.
3.3.35 There is, however, a need to ensure sufficient protection for the distinctive and sensitive landscape and environment in North Norfolk. Studies have looked at the impact of different technologies 24 and energy crops 25 on the Norfolk Coast AONB and found that particular technologies such as micro and small scale wind could be suitable and that careful siting, choice and scale of production of energy crops is important to ensure landscape integrity is not affected. Therefore large scale renewable energy developments will not be permitted in nationally designated areas unless it can be proven that the objectives of the designation are not compromised. All proposals should complement the particular characteristics of the surrounding landscape and the Landscape Character Assessment will assist in assessing the impact of individual proposals.
3.3.36 There is considerable potential for offshore wind power to contribute to renewable energy production, and while offshore proposals are not subject to planning consent, permission is required for the associated on-land infrastructure. These applications will be determined in line with the criteria contained in the policy below.
3.3.37 Further information is contained in PPS22: Renewable Energy and the associated Companion Guide which give detailed information on specific renewable energy technologies, possible environmental, economic and social community benefits and methods for effective community involvement. Further information on community benefits is also contained in 'Delivering Community Benefits from Wind Energy Development', a report for the Renewables Advisory Board and DTI, May 2007.
Policy EN 7
Renewable Energy
Renewable energy proposals will be supported and considered in the context of sustainable development and climate change, taking account of the wide environmental, social and economic benefits of renewable energy gain and their contribution to overcoming energy supply problems in parts of the District.
Proposals for renewable energy technology, associated infrastructure and integration of renewable technology on existing or proposed structures will be permitted where individually, or cumulatively, there are no significant adverse effects on;
- the surrounding landscape, townscape and historical features / areas;
- residential amenity (noise, fumes, odour, shadow flicker, traffic, broadcast interference); and
- specific highway safety, designated nature conservation or biodiversity considerations.
In areas of national importance 26 large scale 27 renewable energy infrastructure will not be permitted unless it can be demonstrated that the objectives of the designation are not compromised. Small-scale developments will be permitted where they are sympathetically designed and located, include any necessary mitigation measures and meet the criteria above.
Large scale renewable energy proposals should deliver economic, social, environmental or community benefits that are directly related to the proposed development and are of reasonable scale and kind to the local area.
Protecting and Enhancing the Historic Environment
3.3.38 The quality of the built environment and the presence of historic assets contribute to the appeal of North Norfolk. However there is concern that inappropriate materials and alterations, including replacement of windows and doors and unsympathetic signs, are affecting the built environment. Therefore, the Core Strategy aims to ensure that North Norfolk's built heritage is conserved and enhanced and that new development is of high quality design.
3.3.39 The Council has prepared a number of Conservation Area Form and Character Assessments and Conservation Area Appraisals and Management Plans which look at the boundaries, general conditions, identity and character of individual Conservation Area designations. Guidance will be developed for the preservation and enhancement of their particular character. High quality maintenance and repair of historic assets will also be encouraged. Where necessary, the Council will employ measures to maintain and enhance the quality of Conservation Areas such as Urgent Works and Repairs Notices, Section 215 Notices and Article 4 Directions.
3.3.40 Government policy 28 gives provision for local authorities to draw up lists of locally important buildings which make a valuable contribution to the local scene or local history, but which do not merit national listing. These will be given additional protection and their status will be a material consideration, however they will not enjoy the full protection of statutory listing. A local list will be developed by the Council in conjunction with local amenity groups.
3.3.41 Certain proposals affecting Conservation Areas and Listed Buildings are subject to specific consent procedures and PPG15 sets out the detailed considerations that must be followed in these applications.
3.3.42 Where proposals affect archaeological sites and other designated assets, preference will be given to preservation in situ unless it can be shown that the recording of remains, assessment, analysis, report, publication and deposition of archive is more appropriate.
Policy EN 8
Protecting and Enhancing the Historic Environment
Development proposals, including alterations and extensions, should preserve or enhance the character and appearance of designated assets 29 , other important historic buildings, structures, monuments and landscapes 30 , and their settings through high quality, sensitive design. Development that would have an adverse impact on their special historic or architectural interest will not be permitted.
The re-use of Listed Buildings and buildings identified on a Local List will be encouraged and the optimum viable use that is compatible with the fabric, interior and setting of the building will be permitted. Evidence supporting this should be submitted with proposals. New uses which result in harm to their fabric, character, appearance or setting will not be permitted.
Demolition of Listed Buildings and those identified on a Local List will only be permitted in exceptional circumstances where it can be demonstrated that all reasonable efforts had been made to sustain existing uses or find viable new uses.
Proposals involving the demolition of non-listed buildings will be assessed against the contribution to the architectural or historic interest of the area made by that building. Buildings which make a positive contribution to the character or appearance of an area should be retained. Where a building makes little contribution to the area, consent for demolition will be given provided that, in appropriate cases, there are acceptable and detailed plans for any redevelopment or after-use.
Where required, development proposals affecting sites of known archaeological interest will include an assessment of their implications and ensure that provision is made for the preservation of important archaeological remains. The character and appearance of Conservation Areas will be preserved, and where possible enhanced, and, in consultation with all relevant stakeholders, area appraisals and management plans will be prepared and used to assist this aim and to encourage the highest quality building design, townscape creation and landscaping in keeping with the defined areas.
Biodiversity & Geology
3.3.43 North Norfolk contains a wealth of biodiversity and natural environmental assets and the protection and enhancement of designated areas such as SSSIs and Ramsar Sites is paramount. Such sites are identified on the Proposals Map. Sites identified through international conventions and European directives are shown, however since these sites have statutory protection they do not require LDF policy protection.
3.3.44 The Core Strategy was subject to an Appropriate Assessment to assess the potential effects on European Sites 31 both within and adjacent to North Norfolk which found that the policies would have no adverse affect 32 .
3.3.45 The Natural Environment and Rural Communities Act 2006 imposed a legal duty on local authorities to protect and enhance biodiversity. The policy seeks to assist this obligation, and the Council will also undertake additional initiatives such as appropriate management of designated areas.
3.3.46 All proposals should consider protection and enhancement of biodiversity from the outset and seek to protect features such as trees, hedgerows, ponds, and woodland, design buildings to include roosting or nesting spots and include landscaping within sites and along boundaries which can provide feeding and nesting opportunities as well as acting as habitat corridors aiding the passage of wildlife between sites.
3.3.47 Proposals should particularly seek to contribute towards the objectives for priority habitats and species identified in the Norfolk Biodiversity Action Plan (BAP) and to the protection, enhancement and linking of core areas identified in the Ecological Network maps 33 . Many habitats in North Norfolk, such as heathland, which used to be widespread are now fragmented and isolated. This has significant consequences for the long term protection and adaptability of biodiversity and the ability of wildlife and habitats to respond to climate change. There is a need to expand and re-connect the existing areas and restore habitats where they have been destroyed. The North Norfolk Ecological Network map identifies core areas for biodiversity where protection, enhancement and expansion of the existing resource will be a priority. In North Norfolk these include increasing woodland, heathland and wood pasture in the Cromer ridge and management of the Broads margins to develop semi-natural habitats including heathland. Appendix B: ‘North Norfolk Ecological Network’ contains further information on these priorities. The Integrated Landscape Character Assessment also provides guidance on appropriate landscape and habitat creation.
3.3.48 Development proposals should be accompanied by sufficient information to assess the effects of development on protected sites, species, biodiversity or geology, together with any proposed prevention, mitigation or compensation measures. The Norfolk Biological Records Centre can provide general species distribution data for development sites and further information is also available from the Norfolk Wildlife Trust and the Norfolk Biodiversity Partnership.
3.3.49 The Shoreline Management Plan (SMP) identifies areas that could become permanently flooded under different options for long-term coastal realignment. If this occurs then opportunities for creating new habitats in these areas will be taken where possible and replacement habitats may need to be provided to ensure no net loss of important habitats. This is especially important for The Broads which contains habitats of international significance.
Policy EN 9
Biodiversity & Geology
All development proposals should:
- protect the biodiversity value of land and buildings and minimise fragmentation of habitats;
- maximise opportunities for restoration, enhancement and connection of natural habitats; and
- incorporate beneficial biodiversity conservation features where appropriate.
Development proposals that would cause a direct or indirect adverse effect to nationally designated sites 34 or other designated areas 35 or protected species 36 will not be permitted unless;
- they cannot be located on alternative sites that would cause less or no harm;
- the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; and
- prevention, mitigation and compensation measures are provided.
Development proposals that would be significantly detrimental to the nature conservation interests of nationally designated sites will not be permitted.
Development proposals where the principal objective is to conserve or enhance biodiversity or geodiversity interests will be supported in principle.
Where there is reason to suspect the presence of protected species applications should be accompanied by a survey assessing their presence and, if present, the proposal must be sensitive to, and make provision for, their needs.
Development and Flood Risk
3.3.50 Areas within North Norfolk are at risk of coastal, river or surface water flooding and it is likely that climate change and rising sea levels will lead to increased risks. It is therefore important to take a precautionary approach to new development.
3.3.51 National policy in PPS25 37 sets out the following zones of flood risk:
- Zone 1 (low probability),
- Zone 2 (medium probability),
- Zone 3a (high probability), and
- Zone 3b (functional floodplain).
3.3.52 These Flood Zones are defined in Table D.1 of PPS25 and are illustrated by the flood maps produced by the Environment Agency (EA), which are available on their website (www.environment-agency.gov.uk). It should be noted that the Environment Agency advise that this information is intended for guidance only. Developers or landowners should contact the EA at an early stage where more detailed information is required for individual properties.
3.3.53 PPS25 states that the overall aim should be to steer new development to Flood Zone 1 (low risk), however it does set out a flood risk vulnerability classification for different land uses and provides a ‘compatibility’ table for allowing particular land uses in the different flood zones (including 3a and 3b) in certain circumstances. Within North Norfolk there is a substantial amount of land available in the Principal and Secondary Settlements and Service Villages within Flood Zone 1 and development should generally be steered to these locations. Development in higher risk flood zones will be restricted to certain categories where an identified need for that type of development in that location exists. The Exception Test allows for development in high risk areas but is only to be applied where there is no other option i.e. where there are large areas of land in Flood Zones 2 and 3 and the sequential test cannot deliver acceptable sites, but where some continuing development is necessary.
3.3.54 A Strategic Flood Risk Assessment (SFRA) 38 for North Norfolk further refines the flood risk areas and takes into account other sources of flooding, future climate change impacts such as rising sea levels and other strategies such as the Broadland Rivers Catchment Flood Management Plan and the Shoreline Management Plan. The SFRA distinguishes between Flood Zones 3a and 3b in particular areas around settlements, and the maps are available to view on the Council website (www.northnorfolk.org). Where the SFRA does not identify these areas the EA flood zone maps will be used to apply the sequential test. The Practice Guide Companion to PPS25 (Feb 2007) makes it clear that all areas within Zone 3 should be considered as Zone 3b (functional floodplain) unless, or until, an appropriate FRA shows to the satisfaction of the EA that it can be considered as falling within Zone 3a (high probability) .
3.3.55 PPS25 sets out the situations where site specific Flood Risk Assessments should be submitted with planning applications and also provides recommended contingency allowances for net sea level rises and increases in peak rainfall intensity, river flow, offshore wind speed and extreme wave heights that should be used to ensure a precautionary approach to climate change.
3.3.56 The Shoreline Management Plan (SMP) identifies areas in the eastern part of the district that could become permanently flooded under different options for long-term coastal realignment. These are broadly covered by EA Flood Zone 3, and therefore a restrictive approach to new development in these areas is necessary at this time. While options for relocation of existing properties may be necessary in the future these cannot be determined at this stage as a decision has not been made on the extent of the area at risk and the timing of any realignment.
3.3.57 The Environment Agency advises that land in Flood Zone 1 that is surrounded by Flood Zone 2 or 3 (‘dry islands’) should be treated in the same way as the surrounding land. Each area will have its unique characteristics and a site specific Flood Risk Assessment will be required to prove that safe access / egress exists for the development or that the land will be sustainable for the duration of the flood period. This could be a number of days in some locations so it will depend on the facilities available in that area.
3.3.58 The use of Sustainable Drainage Systems (SuDS) to manage water flows can be an important tool in minimising flood risk by increasing permeable surfaces in an area which allows water to seep into the ground rather than running off into the drains system and reduces the impact of diffuse pollution from run-off and flooding. Broad locations in North Norfolk where particular SuDS techniques may be appropriate are shown in the SFRA. The effective use of permeable surfaces, soakaways and water storage areas should be incorporated in all new development where technically possible. Early consideration of SuDS is required in order that a range of techniques can be considered and developers are encouraged to enter into early discussions with the Council. Infiltration SuDS might not be acceptable on some sites due to contamination associated with past uses, and the production of a risk assessment in line with PPS23 will therefore be important in informing the design on the surface water drainage system on many brownfield sites. Further information on SuDS is available in ‘Model agreements for sustainable water management systems. Model agreements for SuDS’ (CIRIA C625, 2004).
3.3.59 PPS25 sets out the responsibilities of owners / developers in flood risk areas and these should be considered as early as possible when preparing development proposals in order that the implications are fully understood. All terms used in the policy are defined in PPS25 and its companion guide.
Policy EN 10
Development and Flood Risk
The sequential test will be applied rigorously across North Norfolk and most new development should be located in Flood Risk Zone 1. New development in Flood Risk Zones 2 and 3a will be restricted to the following categories:
- water compatible uses
- minor development 39
- changes of use (to an equal or lower risk category in the flood risk vulnerability classification) where there is no operational development 40 ; and
- ‘Less vulnerable’ uses where the sequential test has been passed.
New development in Flood Zone 3b will be restricted to water compatible uses only.
The Strategic Flood Risk Assessment defines zones 2, 3a and 3b in parts of North Norfolk and this will be used to inform the application of the sequential test. Where this information is not available, the Environment Agency Flood Risk Zones and a site specific Flood Risk Assessment will be used to apply the sequential test .
A site-specific Flood Risk Assessment which takes account of future climate change must be submitted with appropriate planning applications 41 in Flood Zones 2, 3a and 3b and for development proposals of 1 hectare or greater in Flood Zone 1.
Land in Flood Zone 1 that is surrounded by areas of Flood Zones 2 or 3 will be treated as if it is in the higher risk zone and a Flood Risk Assessment will be required to prove that safe access / egress exists for the development or that the land will be sustainable for the duration of the flood period.
Appropriate surface water drainage arrangements for dealing with surface water run off from new development will be required. The use of Sustainable Drainage Systems will be the preference unless, following an adequate assessment, soil conditions and / or engineering feasibility dictate otherwise.
Coastal Erosion
3.3.60 North Norfolk’s coast is in places low-lying and in others it is characterised by cliffs comprising soft sandstone, clays and other material that is susceptible to erosion. Natural processes will thus increasingly affect the coastline and the extent of coastal defences will determine the consequences of this for coastal communities, the local economy, the environment and infrastructure of the area.
3.3.61 Decisions about investment in coastal defences are made in the light of studies that are undertaken for sections of the coast (termed Shoreline Management Plans (SMP's). Two SMP's affect North Norfolk’s coastline, Sub cell 3a (to the West of Kelling Hard) and Sub cell 3b (to the east of Kelling Hard). These Plans are based on studies of the physical effects of coastal process on the shape of the coastline and they are used to decide the approach to be followed for managing different sections of the coastline.
3.3.62 A revision of the SMP for Sub cell 3a commenced in early 2007, led by the Environment Agency, and a revision of the SMP for Sub cell 3b was published in the autumn of 2006. It is this latter Plan that has received most attention in recent years, because the coastal management regime it advocates would expose large areas of the coastal cliffs to increased rates of erosion and (in the longer-term) flood risk in the low lying areas. There are therefore serious concerns about the impacts of coastal erosion and related flooding in North Norfolk, both in terms of properties immediately affected and also the impact on the local economy, local communities, the environment and infrastructure.
3.3.63 The areas at risk of coastal erosion are identified on the Proposals Map (as the Coastal Erosion Constraint Area). Policy EN11 seeks to restrict development in areas at risk of coastal erosion and only development that does not increase the risk to life or significantly increase in risk to property will be permitted. Certain types of minor development and temporary uses are likely to be acceptable in order to help alleviate blight and maintain the vitality of coastal communities.
Policy EN 11
Coastal Erosion
In the Coastal Erosion Constraint Area 42 new development, or the intensification of existing development or land uses, will not be permitted, except where it can be demonstrated that it will result in no increased risk to life or significant increase in risk to property.
In any location, development proposals that are likely to increase coastal erosion as a result of changes in surface water run-off will not be permitted.
Replacement for Development Affected by Coastal Erosion Risk
3.3.64 In view of the likely effects of coastal erosion on coastal communities and the local economy of those areas at risk it is considered necessary to enable adaptation to take place in advance of the actual loss of property. Allowing replacement development to take place in the Countryside policy area is intended to assist in minimising the blighting effects resulting from the predictions of erosion (included in Shoreline Management Plans) and from the loss of investment due to the restriction on new development in the coastal erosion constraint area. Limitations are put on the circumstances in which such new development is allowed in order to help secure the long-term future sustainability of coastal areas and safeguard their sensitive environments. Restrictions relating to the interim use of abandoned properties - in advance of their eventual loss - are intended to safeguard the economic and social well-being of the settlements affected and secure environmental gains. The future use of such sites or buildings should be secured (by legal agreement) in perpetuity, and in relation to vacated dwellings interim use as affordable housing will be considered beneficial to the well-being of the local community, however, the occupancy will be time-limited to ensure no risk.
3.3.65 Policy EN12 attempts to facilitate the 'rolling-back' of development in risk areas to 'safer' inland areas. There may, however, be instances where the proposal accords with policy EN11 (i.e. development that does not increase risk to life or significantly increase risk to property - for example community infrastructure). In such cases new development may be permissible within the Coastal Erosion Constraint Area.
Policy EN 12
Relocation and Replacement of Development Affected by Coastal Erosion Risk
Proposals for the relocation and replacement of community facilities, commercial and business uses that are considered important to the well-being of a coastal community affected by coastal erosion will be permitted, provided that:
- the development replaces that which is affected (or threatened) by erosion within 50 years of the date of the proposal;
- the new development is beyond the Coastal Erosion Constraint Area shown on the Proposals Map and is in a location that is well related to the coastal community from which it was displaced;
- the site of the development / use it replaces is either cleared and the site rendered safe and managed for the benefit of the local environment, or put to a temporary use that is beneficial to the well-being of the local community, as appropriate; and
- taken overall (considering both the new development and that which is being replaced) the proposal should result in no detrimental impact upon the landscape, townscape or biodiversity of the area, having regard to any special designations.
Proposals for the relocation and replacement of dwellings affected by erosion will be permitted, provided that:
- the development replaces a permanent dwelling (with unrestricted occupancy), which is affected (or threatened) by erosion within 20 years of the date of the proposal;
- the new dwelling is comparable in size to that which it is to replace;
- the relocated dwelling is within or adjacent to a selected settlement and is beyond the Coastal Erosion Constraint Area shown on the Proposals Map;
- the site of the dwelling it replaces is either cleared, and the site rendered safe and managed for the benefit of the local environment, or put to a temporary use that is beneficial to the well-being of the local community, as appropriate. The future use of the site should be secured (by legal agreement) in perpetuity. Interim use as affordable housing will be considered beneficial to the well-being of the local community in interpreting this clause; and
- taken overall (considering both the new development and that which is being replaced) the proposal should result in no detrimental impact upon the landscape, townscape or biodiversity of the area, having regard to any special designations.
Pollution and Hazard Prevention and Minimisation
3.3.66 New development should minimise all kinds of pollution and where possible seek to reduce emissions and other pollution in order to protect the natural environment. Appendix A to PPS23: Planning and Pollution Control sets out the relevant matters that should be considered when examining individual planning applications. The weight given to each criteria will depend on the particular circumstances and relevant pollution control authorities will be consulted as necessary.
3.3.67 The policy is intended to restrict polluting development, and not cover general amenity issues around small scale uses such as hot food take-aways that will be covered by planning conditions and Environmental Health regulations.
3.3.68 Air quality in North Norfolk is generally good and monitoring shows that pollutants are within target values and there are no Air Quality Management Areas where air quality objectives cannot be met. One nitrogen dioxide hotspot was identified at Hoveton due to the high levels of traffic and congestion in the village centre and further monitoring is keeping this under review.
3.3.69 Many water courses in North Norfolk have national or international environmental designations and it is particularly important that water quality standards are met. New development must ensure that any effects such as increases in sewage effluent discharges can be achieved without detriment to water quality. The Implementation and Monitoring chapter describes particular constraints in relation to Sewage Treatment Work capacity. The Water Framework Directive has an aim of preventing deterioration in water status and improving water quality and developers must strive to achieve the objectives contained within it.
3.3.70 Light and noise pollution arising from new development can, individually and cumulatively, have a significantly damaging impact on the countryside and settlements in North Norfolk where many places do not have street lights and where the tranquil environment is highly valued. These are therefore important considerations. Government policy on planning and noise is set out in PPG24; Planning and Noise, 1994.
3.3.71 Contaminated land is also a consideration. The most frequent cases of contaminated land in North Norfolk are old quarries that have been filled with unknown material, old brickworks, old town gas sites, ochre, previous landfill sites and bio-contamination from animals. Redundant RAF bases are a potential source of contaminated land that may come forward as new uses are considered. Some of these have already been made suitable for use through the planning system, and future development will continue to present opportunities for remediation. It is important that these issues are identified and addressed early in the preparation of proposals for a site. Remediation should remove unacceptable risk and make the site suitable for its new use. As a minimum, after carrying out the development and commencement of the new use, the land should not be capable of being determined as contaminated land under the relevant Regulations.
3.3.72 Further information on pollution issues is provided in PPS23, the Environmental Protection Act 1990 and Defra Circular 01/2006. The Environment Agency and the HSE welcome pre-application enquiries from developers to seek to ensure that contaminated land / pollution issues are resolved before an application is submitted.
Policy EN 13
Pollution and Hazard Prevention and Minimisation
All development proposals should minimise, and where possible reduce, all emissions and other forms of pollution, including light and noise pollution, and ensure no deterioration in water quality. Proposals will only be permitted where, individually or cumulatively, there are no unacceptable impacts on;
- the natural environment and general amenity;
- health and safety of the public;
- air quality;
- surface and groundwater quality;
- land quality and condition; and
- the need for compliance with statutory environmental quality standards
Exceptions will only be made where it can be clearly demonstrated that the environmental benefits of the development and the wider social and economic need for the development outweigh the adverse impact.
Development proposals on contaminated land (or where there is reason to suspect contamination) must include an assessment of the extent of contamination and any possible risks. Proposals will only be permitted where the land is, or is made, suitable for the proposed use.
Development that increases the risk to life or property, except for that which is necessary to the operation of the use causing the hazard, will not be permitted:
- Major Hazard Zones 43 ; and
- in the vicinity of existing developments that require particular conditions for their operation or that are authorised or licensed under pollution control or hazardous substances legislation (including hazardous pipelines) where new development would be likely to impose significant restrictions on the activities of the existing use in the future.
- PPS7; Sustainable Development in Rural Areas 2004
- PPG20; Coastal Planning 1992
- A s defined in PPS3; Housing 2006
- Manual for Streets, DCLG and Dept for Transport 2007
- By Design; Urban Design in the Planning System - Towns better practice, CABE / DTRL 2005
- Building a Greener Future: Towards Zero Carbon Development, DCLG December 2006
- See the Code for Sustainable Homes, DCLG December 2006
- Advice on what should be included in an energy consumption statement is provided in the glossary the North Norfolk Design Guide and the London Renewables Toolkit; see Integrating renewable energy into developments: Toolkit for planners, developers and consultants, Faber Maunsell September 2004
- Defined in The DCLG Consultation on ‘Building a Greener Future: towards Zero Carbon Development’ as ‘over a year the net carbon emissions from energy use in the home would be zero’. Therefore the amount of energy taken from the national grid is less than or equal to the amount put back through renewable technologies .
- Supplement to PPS1; Planning and Climate Change, December 2007
- See www.renewableseast.org.uk
- Integrating renewable energy into new developments: Toolkit for planners, developers and consultants. Faber Maunsell September 2004
- PPS22; Renewable Energy 2004
- Renewable energies for the Norfolk Coast AONB. Norfolk County Council and Mott Macdonald, March 2006
- Norfolk Coast AONB Energy Crop Landscape and Biodiversity Assessment. Chris Blandford Associates March 2007
- SSSIs, National Nature Reserves, the Norfolk Coast AONB, the Heritage Coast and Conservation Areas
- ‘Large scale’ is defined as those energy developments listed in Schedule 2 of the EIA Regulations 1999, including installations for the harnessing of wind power where the development involves the installation of more than 2 turbines and/or the hub height of any turbine or any structure exceeds 15 metres. Industrial installations for the production of electricity, steam and hot water where the area of the development exceeds 0.5 ha. Installations for hydroelectric energy production designed to produce more than 0.5 megawatts.
- PPG15; Planning and the Historic Environment, 2004
- Conservation Areas, Listed Buildings, Scheduled Ancient Monuments, historic parks and gardens and historic battlefields
- Locally important buildings identified by NNDC on a ‘Local List’ and other known historic environment assets recorded on the Norfolk Historic Environment record maintained by Norfolk Landscape Archaeology.
- Special Areas of Conservation (SACs), Special Protection Areas (SPAs) and Offshore Marine Sites.
- Core Strategy Appropriate Assessment, NNDC June 2007
- The Ecological Networks Map for North Norfolk has been produced by Norfolk Wildlife Trust and the Norfolk Biodiversity Partnership and is contained in Appendix B: ‘North Norfolk Ecological Network’. Detailed maps for particular habitats are available from the Council or Norfolk Wildlife Trust.
- SSSIs, The Broads, the Norfolk Coast AONB and National Nature Reserves.
- Regionally Important Geological Sites, Local Nature Reserves, County Wildlife Sites, Ancient Woodland and Roadside Nature Reserves.
- Those identified in the Natural Environment and Rural Communities Act 2006 Section 40 and in the UK and Norfolk Biodiversity Action Plans.
- PPS25; Development and Flood Risk, 2006
- Partnership of Norfolk District Councils Strategic Flood Risk Assessment, Millards 200 8
- Minor development is defined in PPS25 as; ‘Minor non-residential extensions: industrial / commercial / leisure etc extensions with a footprint less than 250 m2. Alterations: development that does not increase the size of buildings, e.g. alterations to external appearance. ‘Householder’ development e.g. sheds, garages, games rooms etc within the curtilage of the existing dwelling in addition to physical extensions to the existing dwelling itself. This definition excludes any proposed development that would create a separate dwelling within the curtilage of the existing dwelling (eg subdivision of houses into flats)’.
- For the purpose of this policy ‘operational development’ is defined as ‘the carrying out of building, engineering, mining or other operations in, on, over or under land’, in line with the Town and Country Planning Act 1990.
- A s outlined in PPS 25.
- The Coastal Erosion Constraint Area shown on the Proposals Map extends from the mean low water mark to the indicative area at risk of erosion up to 2105.
- As identified by the Health and Safety Executive