PART ll VOLUME 2
Policy Reasoned Justification
 
Environment
  3.1 THE ROLE OF THE PLAN
  3.2 GOVERNMENT POLICY GUIDANCE
  3.3 ENVIRONMENTAL TRENDS
  3.4 OBJECTIVES
  3.5 POLICY JUSTIFICATION: THE NATURAL ENVIRONMENT
  3.6 POLICY JUSTIFICATION: THE BUILT ENVIRONMENT
  3.7 POLICY JUSTIFICATION: ENVIRONMENTAL REGENERATION
   
 
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3.1 THE ROLE OF THE PLAN
3.1.1 The appropriate use of our environment is the fundamental objective of the planning system. The questions of where development is to take place and what effect it will have permeates all planning decisions. These decisions are guided by the policies in the Development Plan. Traditionally Development Plans have also contained policies for the protection and enhancement of the environment. The Unitary Development Plan will continue to develop these.
3.1.2 Public concern over the environment is very high and there is every indication that this will continue if not increase. Because of this environmental issues are an increasingly important matter for local communities who look to the Unitary Development Plan to set standards for new development, and policies which will protect and enhance the environment.
3.1.3 The environmental policies in the Plan can be found both in the specific environment policies which are the subject of this chapter and in other policy areas. The specific policies will be directed towards the protection and enhancement of the natural and built resources of the District, the prevention of environmental damage, and the improvement of existing environmental deficiencies.
   
 
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3.2 GOVERNMENT POLICY GUIDANCE
3.2.1 The strategic guidance for West Yorkshire recognises the important role that environmental quality can have in improving the quality of life. It also recognises the need to protect sites of ecological and wildlife value as well as the need to continue to protect and conserve the built heritage of West Yorkshire. Particular note is made of the open character of the conurbation emphasising the vital role that open land and countryside play in defining the character and quality of the area. The strategic guidance specifically recognises the contribution that the revitalisation and improvement of the environment can make to the economic regeneration of West Yorkshire.
3.2.2 Planning Policy Guidance Note 12 Development Plans and Regional Planning Guidance (updated 1999) advises that policies and proposals in Development Plans should have due regard to the environmental constraints and the impacts of individual proposals. The UDP sets out the Council's policies for the protection and improvement of the natural and built environment in accordance with advice given in PPG 12.
3.2.3 In accordance with advice given in Planning Policy Guidance Note 15 Planning and the Historic Environment the UDP sets out the Council's policies for the preservation and enhancement of the historic and built Environment.
3.2.4 In accordance with advice given in Planning Policy Guidance Note 16 Archaeology and Planning the UDP sets out the Council's policies for the preservation and recording of archaeological remains, including Scheduled Ancient Monuments.
3.2.5 In accordance with advice given in Planning Policy Guidance Note 9 Nature Conservation the UDP sets out the Council's policies for the preservation and enhancement of the natural environment.
3.2.6 The policies in the Plan have also been guided by the Department of the Environment Circular 27/87 entitled "Nature Conservation", DoE Circular 30/92 "Development and Flood Risk", the principles of PPG25 entitled "Development and Flood Risk", and Government advice in relation to the principles of sustainable development, advice of the Countryside Agency, particularly that found in "Countryside and Nature Conservation Issues in District Local Plans", English Nature (formerly the Nature Conservancy Council) in "Planning for Wildlife in Metropolitan Areas" (1987), and English Heritage from correspondence and consultation.
   
 
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3.3 ENVIRONMENTAL TRENDS
3.3.1 The environment of Wakefield Metropolitan District has been affected by both negative and positive trends. The negative trends can be seen in the detrimental effects on the environment brought about through increased pressures for new development. The growth and intensification of existing uses and the contraction and decline of uses which leave the environment degraded and derelict. The positive trends have been the increasing public concern and appreciation of the qualities and deficiencies of their local environment. The establishment of extensive policies to protect both the built and natural environment and by the formal recognition of areas and features of importance.
3.3.2 With the decline of its traditional economic base, Wakefield District has suffered significant environmental dereliction. Approximately 715 hectares of the District are derelict, however 350 hectares are currently being transformed by reclamation schemes. This has been caused by the decline of traditional industries such as glass making, chemicals, and textiles but is most apparent and detrimental in respect of the coal mining industry. The mining industry has collapsed, leaving an extensive and pervasive legacy of dereliction. The dereliction of the collieries themselves is particularly detrimental. The effect spreads much wider and is clearly visible in the depressed environmental standards that were accepted in the coalfield towns and villages. With the collieries closed the environmental shadow that they cast becomes evident in the degraded poor quality environments of these settlements.
3.3.3 The District has also suffered the more typical environmental changes of the late 20th century such as: the loss of woodland and hedgerows from the pressure of modern agriculture; town centre development which does not respect its surroundings; the growth of settlements; the demands for new transport infrastructure and the increased use of the existing facilities. Determination to meet these trends and try to restore the more cherished features of the landscape and urban areas has been a major influence on the formulation of the following policies.
3.3.4 Environmental issues are now seen as valid concerns in their own right. This recognition reinforces the arguments in favour of environmental improvement being a vital element in the well being and economic vitality of the District. Environmental quality is a major requirement of the Unitary Development Plan regeneration proposals as well as the simple expectation and right of the local population.
3.3.5 The issue of flood risk is becoming increasingly important, especially given the possible increase in storm severity and changes in weather patterns arising from predicted global climate changes. This together with current Government guidance in relation to sustainable development has brought about the development of sustainable urban drainage methods. These attempt to mirror the 'natural' catchment, both hydraulically and environmentally.
   
 
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3.4 OBJECTIVES
3.4.1 Improving the quality of the environment is one of the four key aims of the Unitary Development Plan.
3.4.2 This is expanded upon through three more specific objectives:
  i) To conserve and enhance the best of the natural and built environment;
  ii) To improve areas with the poorest environment;
  iii) To minimise the creation of new environmental problems and to ensure high environmental standards in all new development.
   
 
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3.5 POLICY JUSTIFICATION:
THE NATURAL ENVIRONMENT
3.5.1 It is the aim of the Plan that a wide diversity of natural environments (1) and landscapes, reflecting the character of the District are protected and enhanced for the benefit of those living in, working in or visiting the area.
(1) It is acknowledged that there is little if any environment in Wakefield District that could be described as purely natural or wild. The term is used as a useful shorthand to include all growing things, wildlife and landscape.
3.5.2 There are currently 6 Sites of Special Scientific Interest, 26 Sites of Scientific Interest and 10 Local Nature Reserves within the District. The sites represent the best presently known areas of wildlife or other scientific interest in the District. Such sites are potentially vulnerable to changes in their use and the use of adjacent land. The following policies are intended to protect them, and sites of more local interest. The Sites of Scientific Interest have been identified with the assistance of the West Yorkshire Ecological Advisory Service against criteria developed for all the West Yorkshire Districts. The designations can therefore be seen to have significance beyond the confines of the District. Following the recent county-wide redefinition of the SSI designation to cover only sites already proven to be of importance in the context of West Yorkshire, the Council will seek to identify sites which are considered important to protect in the context of Wakefield District.
3.5.3 The Plan also aims to ensure that care is taken not to destroy or harm other valued habitats throughout the District. Local wildlife areas often contribute significantly to the quality of local environments, and whilst not offering rare species or special conditions, provide variety and interest which the Council wishes to preserve. These habitats, wetlands and watercourses for instance, are particularly sensitive yet can offer great opportunities to enhance the setting of new developments. The Council wishes to see opportunities taken in new developments to protect and create areas of wildlife value. Care will be taken to ensure that existing ecological features are not destroyed when environmental improvement works are carried out.
3.5.4 The Council has prepared a Green Plan for the District, which details its strategy for wildlife conservation. The details of its policies for habitat enhancement, protection and management are given in the Green Plan, together with further schedules of sites. Because of the dynamic nature of wildlife areas, it is felt important that protective designations are kept under constant review within the statutory and policy context established in this Plan.
   
 
The Protection and Enhancement of Habitats
   
E1 THE COUNCIL WILL ENDEAVOUR TO PROTECT AND ENHANCE FLORA AND FAUNA AND IMPORTANT HABITATS AND GEOLOGICAL AND PHYSIOGRAPHICAL FEATURES THROUGHOUT THE PLAN AREA. DEVELOPMENT WILL NOT NORMALLY BE PERMITTED WHICH WOULD RESULT IN SIGNIFICANT ECOLOGICAL, GEOLOGICAL OR PHYSIOGRAPHICAL LOSSES IN THE PLAN AREA.
 
3.5.5 Protected sites will be identified as follows: Special Protection Areas (SPA), Special Areas of Conservation (SAC), Ramsar Sites, Sites of Special Scientific Interest (SSSI), Sites of Scientific Interest (SSI), Local Nature Reserves (LNR), and any site supporting species protected by law. This schedule of protected sites will be kept under review and the Council will seek the protection of further sites by statutory designation in accordance with prevailing guidelines. The Council's "Green Plan for Wakefield" forms a complementary document to the UDP and includes reference to the protected sites in the District. It is formally identified as an item of Supplementary Planning Guidance in Appendix 1, Vol. 2 of the UDP.
3.5.6 Proposals for development or land use which may affect a European Site (SPA, SAC), a proposed European Site, or a Ramsar Site, will be subject to the most rigorous examination. Development or land use not directly connected with or necessary to the management of the site, and which is likely to have significant effect on the site, (either individually or in combination with other plans or projects), and which would affect the integrity of the site, will not be permitted unless the Council is satisfied that:
i) There is no alternative solution, and
ii) There are imperative reasons of over-riding public interest for the development or change in land use.
3.5.7 Proposals for the development in, or likely to affect Sites of Special Scientific Interest will be subject to special scrutiny. Where such development may have an adverse effect either directly or indirectly on the SSSI, it will not be permitted unless reasons for the development clearly outweigh the nature conservation value of the site itself and the national policy to safeguard the national network of such sites.
3.5.8 Development and change of land use likely to have an adverse effect on Sites of Scientific Interest, Local Nature Reserves, or Regionally Important Geological / Geomorphological Sites, will not be approved unless it can clearly be demonstrated that there are reasons for the proposal that outweigh the need to safeguard the substantive nature conservation value of the site.
3.5.9 In all cases where the development or change of land use of protected sites is permitted, which might damage the nature conservation value of the site or feature, such damage will be kept to a minimum. Where appropriate the Council will consider the use of conditions and/or planning obligations to ensure the protection and enhancement of the site's nature conservation interest and to provide appropriate compensatory measures for damage.
   
 
E2 POTENTIALLY HARMFUL DEVELOPMENT WITHIN OR ADJACENT TO PROTECTED SITES WILL NOT NORMALLY BE PERMITTED.
 
E3 THE COUNCIL WILL REQUIRE THAT DEVELOPMENTS ADJACENT TO WATER COURSES AND WATER BODIES HAVE REGARD TO ANY ECOLOGICAL FEATURES THAT MAY BE PRESENT AND INCORPORATE MEASURES TO PROTECT AND MAINTAIN THESE FEATURES.
 
E4 WHERE THE COUNCIL CONSIDERS THAT A PROTECTED SITE MAY BE ADVERSELY AFFECTED BY A PROPOSED DEVELOPMENT, IT MAY REQUIRE THE APPLICANT TO PROVIDE AN APPROPRIATE EVALUATION OF THE IMPACT OF THE DEVELOPMENT ON THE PROTECTED SITE PRIOR TO ANY PLANNING DECISION.
 
3.5.10 The Council will manage its operations and land within its ownership in a way which provides a good example to other land owners. It will give particular priority to the management and use of protected sites in its ownership.
3.5.11 The Council will, where resources permit, provide specialist advice and financial assistance to help others protect and enhance important habitats in the District, with particular priority being given to protected sites.
3.5.12 The Council will promote the development and wider use of appropriate management plans and land use agreements with the owners of protected sites.
3.5.13 The Council will work with English Nature, the West Yorkshire Ecological Advisory Service and local communities and organisations to promote the protection of wildlife.
3.5.14 The Council will continue to develop its detailed strategy for wildlife via the Green Plan for Wakefield.
 
 
The Protection and Planting of Trees, Woodland and Hedgerows
3.5.15 Trees, woodland and hedgerows are a valuable part of the local environment. They provide visual interest, amenity, shade and shelter. They are also a vital part of the ecological balance of the area. Trees can be important individually, in formal groups, copses, and woodland.
3.5.16 The main statutory protection that can be given to trees is through Tree Preservation Orders. There are many Tree Preservation Orders in the District which are kept under review and updated as required.
3.5.17 The Council is keen to identify more general duties with respect to trees and tree planting. There has been a general loss of trees in the District. Some areas have suffered particularly badly from the historic pressures of primary industry and more recently from agricultural pressures. It is therefore important that all trees are looked after and that every opportunity is taken to plant new trees.
3.5.18 The Council can protect trees and promote planting through its control of development. It is the Council's intention to use the opportunity provided by new development to secure significant new tree planting, to promote woodland creation wherever it is appropriate and to avoid where possible the loss of trees to new developments. However, tree loss is sometimes unavoidable as a result of new development. Where this occurs, the Council will require appropriate replacement tree planting.
3.5.19 The Council recognises the important role trees and hedges have in the ecology of the District. It will therefore wish to pay particular attention to the species and specification of new planting areas taking every opportunity to develop and extend natural habitats and reflect local landscape qualities.
 
 
E5 THE COUNCIL WILL SEEK TO PROTECT, ENHANCE AND EXTEND WOODLAND, TREE COVER AND HEDGEROWS THROUGHOUT THE DISTRICT. DEVELOPMENT WHICH WOULD RESULT IN THE SIGNIFICANT LOSS OF TREES, WOODLAND OR HEDGEROWS, WILL NOT NORMALLY BE PERMITTED.
 
3.5.20 Trees and woodland with special protection will be defined as follows: Provisional and Confirmed Tree Preservation Orders, Trees in Conservation Areas, Woodlands managed to a plan of operations agreed with the Forestry Commission, Ancient Woodland and Woodland SSSIs and SSIs.
3.5.21 A schedule of protected trees will be kept under review and the Council will, where necessary seek the protection of further trees or woodland through statutory designation in accordance with prevailing guidelines.
 
 
E6 DEVELOPMENT WHICH CAUSES HARM INDIRECTLY OR DIRECTLY TO THE HEALTH OF PROTECTED TREES OR THEIR ECOLOGICAL OR AMENITY VALUE, WILL NOT NORMALLY BE PERMITTED.
 
E7 WHERE THE FELLING OF TREES IS PERMITTED, TO ALLOW DEVELOPMENT TO TAKE PLACE, THE COUNCIL WILL REQUIRE THAT APPROPRIATE REPLACEMENT TREES ARE PLANTED. THE PLANTING OF NATIVE TREES WILL NORMALLY BE REQUIRED. NON NATIVE TREES MAY BE USED WHERE THEY ARE MORE SUITABLE FOR THE LOCATION OR PARTICULAR SITE CONDITIONS.
 
E8 WHERE THE COUNCIL CONSIDERS THAT DEVELOPMENT MIGHT ADVERSELY AFFECT PROTECTED TREES OR WOODLAND, IT MAY REQUIRE THE APPLICANT TO PROVIDE AN APPROPRIATE EVALUATION OF THE IMPACT OF THE DEVELOPMENT ON THE TREES PRIOR TO ANY PLANNING DECISION.
 
E9 PARTICULAR PRIORITY WILL BE GIVEN TO THE PROTECTION AND PLANTING OF TREES AND WOODLAND IN AREAS WHERE THERE IS A MARKED ABSENCE OF TREES AND / OR WOODLANDS, SUBJECT TO THE EXISTING ECOLOGICAL, TOPOGRAPHICAL AND ENVIRONMENTAL CHARACTER OF SUCH AREAS.
 
E10 WHERE THERE IS POTENTIAL FOR LARGE SCALE URBAN OR RURAL WOODLAND CREATION, FOR AMENITY OR RECREATIONAL PURPOSES, THE COUNCIL WILL SEEK TO ENSURE THAT PLANTING IS SYMPATHETIC WITH THE EXISTING TOPOGRAPHY AND ENVIRONMENTAL CHARACTER. THE PLANTING OF NATIVE SPECIES WILL BE PREFERRED.
   
3.5.22 The Council will manage its operations and the trees and woodland in its ownership in a way which provides a good example to other landowners. It will give particular priority to the management of protected trees in its ownership. As a major landowner the Council will endeavour to plant trees and woodland in areas of deficiency, particularly on derelict land and in urban areas.
3.5.23 The Council will, where resources permit, provide specialist advice and financial assistance to help others maintain and manage trees and woodland, with priority being given to those with special protection, and to the planting of new trees, woodland and hedgerows.
3.5.24 The Council will promote the development and wider use of appropriate management plans and agreements with owners of woodlands.
3.5.25 The Council will work with the Countryside Agency, Forestry Commission, local landowners and communities and organisations to promote tree, woodland, and hedgerow planting.
3.5.26 The Council will continue to develop a detailed strategy for tree, woodland and hedgerow protection, and creation through the Green Plan.
   
 
Strategic Framework for Landscape, Habitat and Recreation: Green Corridors
3.5.27 There is a marked difference in the character, quality, and distribution of wildlife, landscape, and outdoor leisure provision across the District. A structured approach to wildlife, landscape and leisure conservation and development is therefore essential if the flora, fauna and landscape of the District are to be enhanced and so that local people are able to experience the outdoor environment as an everyday part of their lives.
3.5.28 To achieve this, a network of Green Corridors will be designated. Such a network will secure continuity of space for wildlife, amenity, and recreation; provide an environmental context for a variety of uses and development proposals and provide a focus for resources for their enhancement. Discussions will take place with adjoining District Councils to achieve a consistent approach at the District boundaries.
3.5.29 The strategic framework of Green Corridors contains concentrations of natural, semi-natural and man made features creating a mosaic of habitat types. As well as providing a structure for landscape and outdoor recreational development, they will be major reservoirs for wildlife. Green Corridors have different attributes in different parts of the District.
3.5.30 It is proposed that Green Corridors should fulfil the following broad functions:
i) Protect and enhance areas of wildlife and landscape interest, including water and wetland areas.
ii) Protect, enhance and develop linkages through the creation of new habitats.
iii) Increase the District's wildlife resource through the creation of new habitats.
iv) Enhance the District's landscape quality.
v) Increase opportunities for outdoor leisure, education and the enjoyment of wildlife through improved access and facilities where appropriate.
   
3.5.31 Green Corridors will not necessarily preclude development but would seek to ensure that it is carried out in a manner which consolidates the corridor and does not break the continuity.
3.5.32 Green Corridors will provide a context to focus public and private resources to develop the District's outdoor amenity and recreational resources.
3.5.33 In many instances public access may well coincide with a Green Corridor. However, access is not essential and amenity or wildlife considerations could be overriding.
3.5.34 In addition to the strategic Green Corridor network there are numerous other smaller areas with local linkages which could be seen as a "secondary" network. It is not appropriate for this local network to be designated in the Plan but it is important that it is protected and enhanced. This would be a primary consideration of more general environmental policies.
 
 
E11 THE COUNCIL WILL CREATE, PROTECT, AND ENHANCE A STRATEGIC NETWORK OF OPEN LAND THROUGHOUT THE DISTRICT. THESE AREAS ARE DESIGNATED GREEN CORRIDORS AND ARE SHOWN ON THE PROPOSALS MAPS. THE GREEN CORRIDORS HAVE BEEN IDENTIFIED BY THEIR EXISTING OR POTENTIAL VALUE AS WILDLIFE HABITATS, AREAS OF LANDSCAPE CHARACTER AND VALUE, AND / OR LOCATIONS FOR OUTDOOR RECREATION.
 
3.5.35 In Green Corridors the Council will seek, where appropriate to:
i) Introduce programmes of management of existing vegetation.
ii) Introduce programmes to plant up Green Corridors with native trees and shrubs.
iii) Enhance the Green Corridors, through the planting and management of important linkages within them, to secure continuity.
iv) Enhance the quality of the District's landscape.
v) Increase opportunities for outdoor leisure, education, and the enjoyment of wildlife and landscape through improved access and facilities where appropriate.
vi) Particular attention will be given to areas of water and wetland, including rivers, lakes, canals, and streams.
 
3.5.36 In recognition of the importance of landscape quality, the Council will prepare a Landscape Character Assessment for the District. This will contain details of landscape types or areas and those qualities and values which are important and distinctive. The framework for Landscape Character Assessment is as follows:
i) Details of landscape type(s) / area(s);
ii) Biodiversity Audit;
iii) Details of measures for protection / enhancement of the landscapes special quality and biodiversity, management and targets where appropriate.
Development will only be permitted if it will have no unacceptable adverse effects on the special qualities and characteristics of the landscape.
   
3.5.37 The Council will prepare further guidance notes upon aspects of landscape design for both new development and within Green Corridors and Conservation Areas. The Green Plan also contains details of the Councils strategy for landscape protection and enhancement.
   
 
E12 THE COUNCIL WILL REQUIRE THAT DEVELOPMENT WITHIN A GREEN CORRIDOR CONTRIBUTES TOWARDS THE FURTHER ENHANCEMENT AND PROTECTION OF THE FLORA AND FAUNA, LANDSCAPE AND RECREATIONAL QUALITY OF THE GREEN CORRIDOR. IT WILL REQUIRE THE APPLICANT TO PROVIDE AN APPROPRIATE EVALUATION OF THE IMPACT OF THE DEVELOPMENT ON THE GREEN CORRIDOR PRIOR TO ANY PLANNING DECISION.
 
3.5.38 The Council will endeavour to manage and develop land in its ownership in Green Corridors in a way which provides a good example to other Green Corridor land owners or users.
3.5.39 The Council will, where resources permit, provide specialist advice and financial assistance to landowners in Green Corridors to promote and help them achieve the objectives of the Green Corridor policy.
3.5.40 The Council will work with all appropriate agencies, landowners and local organisations and communities, to implement the Green Corridor policy.
3.5.41 The Council will use its own development and environmental improvement projects to promote the Green Corridor policy.
   
 
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3.6 POLICY JUSTIFICATION:
THE BUILT ENVIRONMENT
3.6.1 It is the aim of the Unitary Development Plan that the rich diversity of architectural and historic features of the District are protected and enhanced. New development should be designed to create a built environment that will be valued beyond the period of this Plan.
   
 
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Buildings and Sites of Archaeological Interest
3.6.2 There are twenty-three Scheduled Ancient Monuments in the District - these are protected by the Secretary of State for the Environment. The Council has policies, which are restated in this Plan, to support the Secretary of State in this function.
3.6.3 As well as these sites there are extensive areas of the District which have identifiable archaeological interest and potential. There are particular problems regarding the protection of archaeological interest outside the areas which have statutory protection. By the very nature of archaeological remains they are not necessarily self evident from a visual survey of the site. There is therefore a need in some areas for a more detailed understanding of the archaeological value of a site.
3.6.4 The following policies aim to provide the context in which archaeological information will be required prior to development proposals being determined, and the criteria which will be applied when interpreting the acceptability of development proposals.
3.6.5 The following policies have been developed with the assistance of the West Yorkshire Archaeology Service.
3.6.6 The Council will prepare a District Heritage Strategy detailing its policies towards the historic and architectural resources of the District. It is the Council's intention that its detailed policies for Archaeology, Buildings and areas of Architectural and Historic Interest and other Heritage issues are developed and kept under review in the Strategy.
   
 
E13 THE COUNCIL WILL SEEK TO PRESERVE ARCHAEOLOGICAL REMAINS EITHER IN SITU OR BY RECORD. DEVELOPMENT WILL NOT BE PERMITTED WHICH WOULD RESULT IN THE LOSS OF SIGNIFICANT ARCHAEOLOGICAL REMAINS OR INFORMATION.
 
3.6.7 Sites for special protection will be identified as follows:
  i) Ancient Monuments (Class I sites).
  ii) Areas of Special Archaeological Value (Class II sites) where evidence exists to indicate the presence of remains of particular archaeological importance.
  iii) Areas of Archaeological Value (Class III sites) where evidence exists to indicate the presence or probability of remains of archaeological importance not defined above.
   
3.6.8 This schedule of protected sites will be kept under review and the Council will, where necessary, seek the protection of further sites by statutory designation where this is appropriate. Although the Class II and Class III designation has been made on best judgement with regard to currently available information, archaeological evaluation is required to establish the importance of a site. Hence some Class II sites may be downgraded to Class III sites, and conversely some Class III sites may be upgraded to Class II sites worthy of preservation in situ, following archaeological investigation. It is therefore recommended that developers contact the County Sites and Monuments Record and discuss archaeological implications in the earliest stages of planning development.
3.6.9 Class I and Class II sites and areas, which are vital to these policies, are indicated in Volumes 3, 4, and 5 of the UDP.
3.6.10 There are 3 parks and gardens of special historic interest and 1 site of a historic battle in the District. These are registered with English Heritage. Development will not normally be permitted if it adversely affects the character, integrity, or importance of a designated or historic landscape, park, garden, or battle site. These sites are indicated in Volumes 3, 4, and 5 of the UDP.
   
 
E14 THE COUNCIL WILL SEEK TO ENSURE THAT SCHEDULED ANCIENT MONUMENTS AND THEIR SETTINGS (CLASS I SITES) ARE PRESERVED INTACT.
 
E15 THE COUNCIL WILL RECOGNISE AREAS OF SPECIAL ARCHAEOLOGICAL VALUE (CLASS II SITES) WHICH ARE REGISTERED IN THE COUNTY SITES AND MONUMENTS RECORD WHERE EVIDENCE EXISTS TO INDICATE THE PRESENCE OR STRONG PROBABILITY OF REMAINS OF PARTICULAR ARCHAEOLOGICAL IMPORTANCE.
 
E16 THE COUNCIL WILL RECOGNISE FURTHER AREAS OF ARCHAEOLOGICAL VALUE (CLASS III SITES) WHICH ARE REGISTERED IN THE COUNTY SITES AND MONUMENTS RECORD WHERE EVIDENCE EXISTS TO INDICATE THE PRESENCE OR PROBABILITY OF REMAINS OF ARCHAEOLOGICAL CONCERN NOT DEFINED IN POLICY E15.
 
E17 THERE WILL BE A PRESUMPTION AGAINST DEVELOPMENT ON CLASS I AND CLASS II SITES AND THEIR SETTINGS. IN EXCEPTIONAL CIRCUMSTANCES, WHEN OTHER PLANNING CONSIDERATIONS OVERRIDE THIS ESTABLISHED PRINCIPLE, THEN POLICIES E18 AND E19 WILL APPLY.
 
E18 THE COUNCIL WILL SEEK TO ENSURE THAT INFORMED PLANNING DECISIONS ARE MADE WHERE DEVELOPMENT MAY ADVERSELY AFFECT A CLASS I, CLASS II OR CLASS III SITE, AND MAY THUS REQUIRE THE APPLICANT TO PROVIDE AN ARCHAEOLOGICAL EVALUATION OF THE AREA PRIOR TO ANY PLANNING DECISION.
  SUCH AN EVALUATION WILL DETERMINE WHETHER:
  i) THE SITE MERITS PRESERVATION IN SITU;
  ii) THE SITE MERITS PRESERVATION BY RECORD;
  iii) NO ACTION IS NECESSARY.
 
E19 WHERE THE SITE MERITS PRESERVATION BY RECORD, THE COUNCIL WILL REQUIRE THE APPLICANT TO DEMONSTRATE IN WRITING PRIOR TO THE APPLICATION BEING DETERMINED, THAT ADEQUATE PROVISION WILL BE MADE FOR AN APPROPRIATE LEVEL OF ARCHAEOLOGICAL INVESTIGATION PRIOR TO DEVELOPMENT.
 
E63 THE COUNCIL WILL SEEK TO PROTECT AND ENHANCE THE CHARACTER OF HISTORIC PARKS, GARDENS, BATTLEFIELDS, AND LANDSCAPES IN THE DISTRICT. DEVELOPMENT WHICH RESULTS IN THE LOSS OF SUCH SITES OR IS DETRIMENTAL TO THEIR CHARACTER WILL ONLY BE PERMITTED IN EXCEPTIONAL CIRCUMSTANCES.
   
3.6.11 The Council will manage its operations and land in its ownership in a way which provides a good example to other land owners who might be responsible for archaeological or historic sites. It will give particular priority to the management and use of protected sites in its ownership.
3.6.12 The Council will endeavour to resolve conflicts between the preservation of archaeological remains and other land uses by means of management agreements as appropriate.
3.6.13 The Council will, where resources permit, provide with the assistance of the West Yorkshire Archaeology Service and English Heritage, specialist advice and financial assistance to help others protect or preserve by record archaeological remains. Priority will be given to protected sites.
3.6.14 The Council will work with the West Yorkshire Archaeology Service and local organisations and communities and landowners to promote the protection and understanding of archaeological remains in the District.
3.6.15 The Council will endeavour to encourage and develop the educational, recreational or tourist potential of historic landscapes, settlements and archaeological monuments by management and interpretation as appropriate.
3.6.16 The Council will continue to develop its detailed policies for archaeology through the District Heritage Strategy.
 
 
Buildings of Architectural or Historic Interest
3.6.17 For the purposes of this Plan, Buildings of Architectural or Historic Interest are:
  i) Listed Buildings (included in a list of buildings of special architectural or historic interest by the Secretary of State for the Environment); and
  ii) Buildings noted by the Council as being of "Local Interest".
For the purpose of this Plan the term "building" shall have the meaning as given in the Town and Country Planning Act 1990, s336 (1) and the Planning (Listed Buildings and Conservation Areas) Act 1990s 91 (2)
 
3.6.18 Procedures for listing, and the control of works affecting listed buildings are established by the Listed Buildings and Conservation Areas Act 1990.
3.6.19 The list of buildings of special architectural or historic interest is periodically reviewed on an area basis by English Heritage. Following a recent re-survey of buildings in this area, there are now 948 Listed Buildings within the District. In addition, the Council may apply to the Secretary of State for the Environment for the "spot listing" of a building which it considers to be of listable quality. Furthermore, the Council has powers to serve a Building Preservation Notice where a building which it considers worthy of listing is under threat.
3.6.20 It is a criminal offence to alter a Listed Building in a way which affects its character except in accordance with a listed building consent. In considering applications for listed building consent, the Council is required to have special regard to the desirability of preserving the building or its setting or any features of architectural or historic interest which it possesses. This duty is elaborated in detailed national policy guidance.
3.6.21 It is important that Listed Buildings owned by the Council and others are maintained in good repair. In addition to providing specialist advice and assistance as described below, the Council will make use of its statutory powers to require owners to repair Listed Buildings where other actions have been ineffective.
3.6.22 The Council maintains a separate list of buildings of "Local Interest". These buildings are not considered to be of listable quality but are of local architectural or historic significance. Such buildings do not enjoy statutory protection unless, for example, they are included in a Conservation Area. However, their designation by the Council will be taken into account in development control decisions in the light of the policies set out below.
3.6.23 The Council will maintain a public schedule of Listed Buildings and Local Interest Buildings.
 
 
E20 THE COUNCIL WILL SEEK TO PROTECT AND ENHANCE THE CHARACTER OF BUILDINGS OF ARCHITECTURAL AND HISTORIC INTEREST IN THE DISTRICT. DEVELOPMENT WHICH RESULTS IN THE LOSS OF SUCH BUILDINGS OR IS DETRIMENTAL TO THEIR CHARACTER WILL ONLY BE GRANTED IN EXCEPTIONAL CIRCUMSTANCES.
 
E21 WHERE DEVELOPMENT IS PROPOSED THAT AFFECTS A BUILDING OR STRUCTURE OF ARCHITECTURAL INTEREST THE COUNCIL WILL REQUIRE THE APPLICANT TO PROVIDE ADEQUATE DETAILS OF THE PROPOSALS PRIOR TO ANY PLANNING DECISION.
 
E22 CONSENT FOR THE TOTAL OR SUBSTANTIAL DEMOLITION OF A LISTED BUILDING WILL ONLY BE GRANTED IN EXCEPTIONAL CIRCUMSTANCES.
 
E23 WHEN CONSIDERING APPLICATIONS FOR ALTERATIONS AND EXTENSIONS TO LISTED BUILDINGS OR FOR APPLICATIONS WITHIN THE CURTILAGE OF A LISTED BUILDING, PARTICULAR ATTENTION WILL BE GIVEN TO PRESERVING AND ENHANCING THE SPECIAL CHARACTER OF THE BUILDING, THE FEATURES OF ARCHITECTURAL AND HISTORIC INTEREST, AND TO THE PRESERVATION OF ORIGINAL DETAILS.
 
E24 DEVELOPMENT INCLUDING CHANGES OF USE, OR OTHER ALTERATION, WHICH ADVERSELY AFFECTS THE CHARACTER OR POINT OF INTEREST EITHER EXTERNALLY OR INTERNALLY OF A LISTED BUILDING, ITS CURTILAGE OR SETTING WILL ONLY BE GRANTED IN EXCEPTIONAL CIRCUMSTANCES.
 
E25 THE COUNCIL WILL, WHERE APPROPRIATE, CONSIDER THE RELAXATION OF OTHER PLANNING REQUIREMENTS WHERE THEIR STRICT APPLICATION MIGHT UNREASONABLY RESTRICT THE APPROPRIATE USE OR REUSE OF A LISTED BUILDING.
   
3.6.24 In addition to the above policy, the Council will consider relaxing Building Regulation and other statutory requirements, where appropriate, if their strict application might unreasonably restrict the use of a listed building.
   
 
E26 WHEN CONSIDERING APPLICATIONS FOR CHANGE OF USE, ALTERATION OR EXTENSION TO BUILDINGS OF LOCAL INTEREST, PARTICULAR ATTENTION WILL BE GIVEN TO CONSERVING THE CHARACTER OF THE BUILDING, AND THE FEATURES OF ARCHITECTURAL OR HISTORIC INTEREST.
 
3.6.25 The Council will endeavour to manage its operations, land and property in a way which provides a good example to others who own, use or have influence over buildings of architectural or historic interest.
3.6.26 The Council will, where resources permit and where appropriate, and with the assistance of English Heritage and West Yorkshire Archaeology Service, provide specialist advice and financial assistance to help others to repair and conserve buildings of architectural or historic interest. Priority will be given to Listed Buildings.
3.6.27 The Council will give particular priority to using its statutory powers and influence to ensure that Listed Buildings are maintained in good repair, remain in appropriate use, and are protected from unauthorised alteration or use.
3.6.28 The Council will work with English Heritage, national amenity bodies, West Yorkshire Archaeology Service, local organisations, communities, owners, and occupiers to promote the protection and enhancement of buildings of architectural or historic interest.
3.6.29 The Council will continue to develop its policies towards buildings of architectural or historic interest through the District Heritage Strategy.
 
 
Conservation Areas
3.6.30 The Council recognises the important part that Conservation Areas play in the District. It wishes to protect and enhance them for the benefit of all those living, working, and visiting the District now and in the future.
3.6.31 Conservation Areas are defined by the Listed Buildings and Conservation Areas Act 1990 as "areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance". As with Listed Buildings, broad policy on Conservation Areas is nationally established.
3.6.32 The Council has a duty to keep under review the areas of the District it designates as Conservation Areas. Once designated, the Council has a duty to pay special attention to the desirability of preserving and enhancing the character or appearance of Conservation Areas through the control of development and the preparation of proposals for preservation and enhancement.
3.6.33 In accordance with advice given in Planning Policy Guidance Note 15 Planning and the Historic Environment, the UDP sets out the Council's broad criteria for designation of new Conservation Area boundaries.
3.6.34 The Council is in the process of re-appraising the character of its Conservation Areas. Each area will have a character assessment which outlines the special interest, appearance and character; the Council's reason for designating the area; and action required to protect it. As part of this process of appraisal the Council will review the boundaries of Conservation Areas.
3.6.35 The framework for the process of designation and review of conservation is as follows:
  i) A definition of the Conservation Area's Special Interest, appearance and character;
  ii) A justification for designation as reflected in the character assessment;
  iii) Consultation prior to designation or cancellation of designation.
     
3.6.36 Conservation Area status provides a number of important additional safeguards. The demolition of buildings requires the consent of the Council, as do works to trees. Permitted development rights are more limited in Conservation Areas. The Council may also declare Article 4 Directions in these and other areas to remove permitted development rights and so prevent piecemeal alterations and extensions which might otherwise detract from the character or appearance of an area.
3.6.37 The Council's duty to pay special attention to the preservation and enhancement of Conservation Areas is supplemented by detailed national policy guidance. It is important that the Council exercises strict control over the siting and design of new buildings in Conservation Areas, as well as smaller scale extensions and alterations, if the character or appearance of the District's Conservation Areas is to be maintained.
 
 
E27 THE COUNCIL WILL SEEK TO PROTECT AND ENHANCE THE SPECIAL CHARACTER OF CONSERVATION AREAS. DEVELOPMENT WHICH WOULD ADVERSELY AFFECT THE CHARACTER OR APPEARANCE OF SUCH AREAS WILL NOT BE PERMITTED.
 
3.6.38 The Council has designated 27 Conservation Areas throughout the District. These are shown on the Proposals Maps. Conservation Areas will be kept under review and, where necessary, statutory protection will be sought for further areas or the extension of existing areas which may be identified during the Plan period subject to prevailing guidelines.
   
 
E28 THE DEMOLITION OF BUILDINGS OR STRUCTURES WHICH CONTRIBUTE TO THE SPECIAL CHARACTER OR APPEARANCE OF A CONSERVATION AREA WILL ONLY BE GRANTED IN EXCEPTIONAL CIRCUMSTANCES.
 
E29 THE COUNCIL WILL ONLY GRANT CONSENT TO DEMOLISH A BUILDING IN A CONSERVATION AREA WHERE ACCEPTABLE DETAILED PLANS FOR REDEVELOPMENT HAVE BEEN APPROVED. THE COUNCIL WILL, WHERE APPROPRIATE, REQUIRE THROUGH A SEPARATE LEGALLY BINDING AGREEMENT, COMMITMENT BY THE APPLICANT, TO THE CONSTRUCTION OF THE NEW DEVELOPMENT, WITHIN AN AGREED TIMESCALE FOLLOWING THE DEMOLITION OF THE ORIGINAL BUILDING.
 
E30 DEVELOPMENT INCLUDING CHANGES OF USE WITHIN OR ADJACENT TO CONSERVATION AREAS WILL ONLY BE PERMITTED IF IT WOULD PRESERVE OR ENHANCE THE SPECIAL CHARACTER OR APPEARANCE OF THE AREA.
 
E31 ALTERATIONS TO BUILDINGS OR SPACES WHICH WOULD BE DETRIMENTAL TO THE SPECIAL CHARACTER OR APPEARANCE OF A CONSERVATION AREA WILL NOT BE PERMITTED.
 
E32 ADVERTISEMENT DISPLAYS ON BUILDINGS WITHIN A CONSERVATION AREA WILL NOT BE PERMITTED UNLESS THE DESIGN OF THE ADVERTISEMENT CONTRIBUTES TO THE SPECIAL CHARACTER OR APPEARANCE OF THE AREA.
 
E33 THE COUNCIL, IN CONSIDERING PROPOSALS, INCLUDING CHANGE OF USE, WILL ADOPT A MORE FLEXIBLE APPROACH, WHERE APPROPRIATE, TO PLANNING AND HIGHWAY STANDARDS, IF ADHERENCE TO THEM WOULD BE TO THE DETRIMENT OF A CONSERVATION AREA'S CHARACTER OR APPEARANCE.
 
E34 THE COUNCIL WILL REQUIRE, WHERE APPROPRIATE, THAT PLANNING APPLICATIONS IN CONSERVATION AREAS, INVOLVING A CHANGE IN APPEARANCE OF A BUILDING, OR SPACE, MUST BE FOR FULL PLANNING PERMISSION.
 
E35 THE COUNCIL WILL REQUIRE, WHERE APPROPRIATE, THAT PLANS FOR PROPOSED DEVELOPMENT WITHIN OR ADJACENT TO CONSERVATION AREAS, CLEARLY ILLUSTRATE THE IMPACT OF THE PROPOSAL ON THE AREA. SUCH APPLICATIONS MUST ALSO BE SUPPORTED WITH ADEQUATE DETAILS.
   
3.6.39 The Council will manage its operations, land and property in a way which provides a good example to others who own or use property in areas of historic, architectural or landscape importance. Priority in this matter will be given to Conservation Areas.
3.6.40 The Council will, where resources permit, and where appropriate, with the assistance of English Heritage, provide specialist advice and financial assistance to help others protect and enhance the character of Conservation Areas.
3.6.41 The Council will work with local organisations and those who live, work or visit Conservation Areas to promote the protection and enhancement of Conservation Areas. Where appropriate the Council will constitute Advisory Bodies to further this work.
3.6.42 The Council will encourage the removal or improvement of features which detract from the quality of Conservation Areas.
3.6.43 In Conservation Areas signs and advertisements should contribute positively to the appearance or historic character, and must not detract from these. The Council's duty to pay special attention to the desirability of preserving and enhancing the character and appearance of Conservation Areas will result in applying more exacting standards when considering advertisements in Conservation Areas.
3.6.44 The Council will seek to designate Areas of Special Control for Advertisements within Conservation Areas where it considers that such areas require special protection in relation of outdoor advertising subject to the approval of the Secretary of State for the Environment.
3.6.45 In Conservation Areas of homogenous design and character, unsympathetic alterations which are normally permitted development can detract from the special character or appearance of the area.
3.6.46 Article 4 Directions will be sought in Conservation Areas (and elsewhere) to remove permitted development rights which might otherwise detract from the special character or appearance of an area.
3.6.47 The Council will provide an appraisal which demonstrates the quality and importance of the Conservation Area, and the special need for the Article 4 Direction.
3.6.48 In recognition of the importance of Conservation Areas, the Council will prepare further Guidance Notes on aspects of design of signs and advertisements, shop frontages and security on business and shop fronts.
3.6.49 Consideration will be given to make Tree Preservation Orders on trees within Conservation Areas, which the Council considers worthy of the stronger and more permanent protection than that normally afforded to trees in Conservation Areas.
3.6.50 The Council will continue to develop its policies towards areas of historic, architectural or landscape value through the District Heritage Strategy. Where appropriate the Council will formulate proposals for the preservation and enhancement of specific Conservation Areas within the Plan area, along with programmes for their enhancement.
 
 
Design Priority Area
3.6.51 The urban design of the main town centres is an important factor in their future prosperity. A Design Priority Area (DPA) has been designated for Wakefield.
3.6.52 The aim of the designation is to identify an area where extra attention will be given to the quality of the design of individual development proposals and, most importantly, the contribution that the development makes to the achievement of wider environmental goals. This Plan provides the policy context which defines the DPA, the design criteria that are to be promoted in them and the wider environmental goals that will be sought.
3.6.53 In recognition of the importance of the DPA designation, the Council will prepare further guidance notes on aspects of urban design.
3.6.54 The DPA includes existing city centre Conservation Areas, and does not undermine the conservation objectives set for them. It provides complementary attention to the quality of new buildings and, more importantly, the wider aspects of urban design of the whole centre.
3.6.55 Some of the detailed policy areas which would be highlighted through the DPA designation are:
  a) The use of development control powers, and the Council's interest in land, to ensure the highest possible standard of design in the development of, or alterations to, buildings.
  b) The promotion of the widest interest from the public, professionals and developers in the quality of urban design through design competitions, publicity and public debate.
  c) The use of the centre by pedestrians and its accessibility to the disabled.
  d) The maintenance and development of public spaces through high quality street furniture, signage and surfacing.
  e) The protection of distinctive skylines.
  f) Traffic management, parking, and public transport which protects and enhances the urban form.
  g) To identify and protect a network of open space within the DPA combined with a comprehensive policy for street trees.
  h) To draw up specific policies for design details such as shop fronts and advertising.
   
3.6.56 The designation of a DPA is an enhancement policy. It is a policy which envisages the majority of the enhancement coming from the control and planning of new private sector development and the complementary co-ordination of existing public sector responsibilities.
   
 
E36 THE COUNCIL WILL PROMOTE AND ENCOURAGE GOOD URBAN DESIGN THROUGHOUT THE DISTRICT AND WILL GIVE PRIORITY TO THIS THROUGH THE DESIGNATION OF A DESIGN PRIORITY AREA IN CENTRAL WAKEFIELD AS SHOWN ON THE PROPOSALS MAP. THE DESIGNATION WILL BE REVIEWED AS APPROPRIATE THROUGHOUT THE PLAN PERIOD.
 
3.6.57 Within the Design Priority Areas the Council will seek to control and promote design and environmental quality by:
  i) The protection of important views and skylines.
  ii) The use of Architectural Design Competitions for prominent new buildings or developments, where appropriate.
  iii) The further use of paved highway areas.
  iv) The retention and creation of urban spaces and squares, together with the use of soft landscaping wherever possible.
  v) Encouraging the use of high quality street furniture, signs and materials which must also be sympathetic with the character of the surrounding buildings.
   
 
E37 DEVELOPMENT WHICH WOULD ADVERSELY AFFECT THE DESIGN AND ENVIRONMENTAL QUALITY OF A DESIGN PRIORITY AREA WILL NOT NORMALLY BE PERMITTED.
 
E38 THE DEVELOPMENT OF CAR PARKS WITHIN A DESIGN PRIORITY AREA, EITHER SURFACE OR ON MORE THAN ONE LEVEL, WILL NOT NORMALLY BE PERMITTED WITHOUT THE HIGHEST STANDARDS OF DESIGN AND LANDSCAPE TREATMENT BEING EMPLOYED.
 
3.6.58 The Council will endeavour to manage and develop land or property in its ownership and its operations within the Design Priority Area in a way which provides a good example to other landowners and users.
3.6.59 The Council will prepare supplementary guidance for the Design Priority Area.
3.6.60 The Council will, where resources permit, provide specialist, technical and design advice to applicants seeking to develop or change the use of buildings within the Design Priority Area.
3.6.61 The Council will work with all appropriate agencies, landowners, organisations, and communities to implement the Design Priority Area policy.
3.6.62 The Council will use its own development and environmental improvement projects to promote the Design Priority Area policy.
 
 
Art in Public Places
3.6.63 The Council has for a number of years promoted the provision of art in public places. It wishes to see this work supported by the provision of public art as part of development proposals.
   
 
E64 THE COUNCIL WILL ENCOURAGE, AND IN APPROPRIATE CASES REQUIRE, THE PROVISION OF WORKS OF ART IN PUBLIC PLACES AND AS PART OF MAJOR DEVELOPMENT PROPOSALS.
 
3.6.64 Where appropriate, Planning Obligations or planning briefs prepared for development and environmental schemes will provide the mechanisms for securing the provision of public art. These works should take account of the design and environmental constraints of their proposed locations. In Wakefield City centre reference should be made to 'Connecting Wakefield, A Public Art and Pathways Strategic Plan for Wakefield City Centre'.
   
 
TopContents
3.7 POLICY JUSTIFICATION:
ENVIRONMENTAL REGENERATION
3.7.1 The Council will secure environmental regeneration by requiring that all development is carried out to the highest appropriate standards and does not have any significant detrimental impact on the amenity of the District.
3.7.2 The policies for environmental regeneration can be split two ways. Firstly there are policies directly relating to initiatives and projects of regeneration that the Council is to promote or carry out; Environmental Improvement Policies. Secondly, there are more generally applicable policies which relate to the standards of environmental quality that the Council will expect from developments proposed in the District; Environmental Impact and Environmental Design Policies.
3.7.3 Some of the structure to these initiatives and the expectations that the Council will have for the environmental quality of development have been dealt with in earlier policies. The inter-relationship of environmental issues means that the Council's policies for conservation and enhancement are important elements of its regeneration objective.
3.7.4 In terms of environmental regeneration, the Council's policies will both establish priority and ensure minimum standards.
 
 
Environmental Improvement
   
E39 THE COUNCIL WILL PROMOTE ENVIRONMENTAL IMPROVEMENTS THROUGHOUT THE DISTRICT WITH PRIORITY GIVEN TO THE REGENERATION AREAS DEFINED BY POLICY R1.
 
E40 THE COUNCIL WILL GIVE PRIORITY TO ACHIEVING EARLY IMPROVEMENT AND BENEFICIAL USE EITHER TEMPORARY OR PERMANENT TO ALL DERELICT, DEGRADED AND DISUSED LAND AND BUILDINGS, SUBJECT TO OPEN LAND POLICIES WHERE APPLICABLE.
 
E41 THE COUNCIL WILL GIVE PRIORITY TO ACHIEVING IMPROVEMENT TO PUBLIC AREAS AND SITES AND BUILDINGS IDENTIFIED IN POLICIES ON THE NATURAL AND BUILT ENVIRONMENT (POLICIES E1 TO E38).
   
3.7.6 The Council will manage and develop its land and property in a way which provides a good example to others wishing to improve their property, and will adhere to the principles of secured by design.
3.7.7 The Council will seek to attract resources to the District to secure environmental improvement as part of its economic and social regeneration and will, where resources permit, provide advice and grant aid to enable others to secure environmental improvement.
3.7.8 The Council will work with all appropriate agencies, organisations, landowners, and local communities to secure environmental improvements.
3.7.9 The Council will seek to secure, where appropriate, binding agreements with landowners which secure environmental improvements or the management of land.
3.7.10 The Council will continue to support Wakefield Groundwork Trust in its work to improve the environment.
3.7.11 The Council will continue to support the Environment Agency and urge others to achieve and maintain the highest possible standards of water quality throughout the District, and will use all its available powers and influence to prevent the pollution of rivers and streams. Proposals for development should show that sustainable urban drainage methods have been considered, in the treatment of discharges.
3.7.12 The Council will continue to develop its detailed initiatives for environmental improvement with the aim of securing the most effective use of all the resources available.
 
 
Environmental Impact
3.7.13 The Town and Country Planning (Environmental Impact Assessment) Regulations 1999 and Circular 2/99 Environmental Impact Assessment issue regulations regarding the Environmental Impact Assessment (EIA) of new development. The types of development to which the assessment procedures apply are prescribed by schedule 1 and 2 of the Regulations. For all development falling within schedule 1, EIA is mandatory. In cases within schedule 2, EIA is required where the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size, location, and impact on Protected Sites of Nature Conservation or Scheduled Ancient Monuments.
   
 
E42 THE COUNCIL WILL, WHERE IT CONSIDERS NECESSARY, REQUIRE PLANNING APPLICATIONS TO INCLUDE APPROPRIATE INFORMATION TO ALLOW IT TO ASSESS THE ENVIRONMENTAL IMPACT OF THE PROPOSED DEVELOPMENT.
 
3.7.14 The Local Planning Authority is only one of a number of agencies which have responsibility for regulation and control of pollution. The Council is particularly keen to ensure that control over pollution of the environment is increased through the development control process in line with four basic principles:
  i) That there is the fullest practical disclosure of information relating to the environmental impact of proposals;
  ii) That the principle of the "polluter pays" is applied where possible in respect of actions to ameliorate or restrict the environmental impact of development or land use;
  iii) That a precautionary approach is taken assuming damage unless it can be proved otherwise;
  iv) That prevention of environmental damage is better than relying on cures.
     
3.7.15 Adverse ground conditions, caused by unstable or contaminated land (including the presence of methane gas) occur within the District. The Council is keen to establish a policy which guides developers in this matter. The overriding concern of the Council will be to ensure the safety of new development and existing uses which could be affected by the development of a site with adverse ground conditions. The development of such sites will only be permitted where the Council is satisfied that the conditions can be overcome and the provision and continual effectiveness of any long-term maintenance can be guaranteed.
3.7.16 The Council seeks to preclude development which would be at risk from flooding or would create additional flooding problems. The Environment Agency have produced Indicative Floodplain Maps showing areas at risk from flooding. These can be viewed at www.environment-agency.gov.uk/subjects/flood. Planning applications for development of sites over 0.4 hectares and development sites identified in the UDP will require a surface water catchment survey to be undertaken, which may identify the need for substantial flow balancing and off-site watercourse improvement works. For development to be acceptable, the Council must be satisfied that water courses on and off a development site are adequate to meet additional flows, or will be improved to an appropriate standard. Applications for development must provide sufficient details for such an assessment to be carried out prior to determination. The Council will expect sustainable environmental solutions and will consult with the Environment Agency on these matters where appropriate. This general requirement is in addition to the washlands protection policy OL6.
3.7.17 The traditional practice for the disposal of surface water is to pipe it away to the nearest watercourse in order to ensure rapid run-off. This can lead to an increased risk of flooding, aquifers not being recharged, reduced retention of water in the subsoil, and increasing the risk of transmission of pollutants to watercourses. In order to achieve a sustainable method of discharge of surface water, sustainable urban drainage methods should be employed.
3.7.18 A range of sustainable urban drainage techniques are available to tackle flooding, pollution and other problems generated by conventional piped solutions. An important element in these techniques is "source control", which is the practise of controlling run-off as close to its origin as possible. Sustainable urban drainage techniques include use of soakaways, permeable paved surfaces, swales, reed beds, detention and retention ponds. Some techniques also offer other benefits, ponds and reed beds for example, offer opportunities for environmental and landscape enhancement improving biodiversity and local amenity. Even where sustainable urban drainage techniques alone cannot provide total surface water drainage solutions, they can be beneficially used in conjunction with conventional piped systems.
 
 
E44 DEVELOPMENT WHICH WOULD BE AT RISK FROM FLOODING OR WHICH WOULD GIVE RISE TO FLOODING PROBLEMS FOR ANY PROPOSED OR EXISTING PROPERTIES WILL NOT NORMALLY BE PERMITTED.
 
E65 DEVELOPMENT WILL ONLY BE PERMITTED WHERE THE COUNCIL IS SATISFIED THAT SUITABLE MEASURES DESIGNED TO MITIGATE ANY ADVERSE EFFECTS OF SURFACE WATER RUN-OFF ARE INCLUDED AS AN INTEGRAL PART OF THE DEVELOPMENT. WHEREVER POSSIBLE THE COUNCIL WILL SUPPORT THE USE OF SUSTAINABLE URBAN DRAINAGE MEASURES TO ACHIEVE MORE SUSTAINABLE MANAGEMENT OF SURFACE WATER RUN-OFF.
 
3.7.19 The location of hazardous industries, storage facilities or other activities is critically important. The Council wants to ensure that such uses are not introduced to areas where significant numbers of people may work or congregate. Similarly where hazardous industries already exist the Council would wish to restrict new development which involved the introduction of significant numbers of people. There should always be a suitable break between any new housing areas and land provided for industries which might be hazardous.
   
 
E43 DEVELOPMENT WHICH IS SIGNIFICANTLY INTRUSIVE BY VIRTUE OF ANY FORM OF POLLUTION OR NUISANCE ON THE AMENITY AND ENVIRONMENTAL QUALITY OF ITS LOCALITY, THE DISTRICT, AND ITS SURROUNDING AREAS WILL NOT NORMALLY BE PERMITTED.
 
E45 DEVELOPMENT WHICH DOES NOT COMPLY WITH STATUTORY AND ADOPTED POLICIES OF THE COUNCIL FOR THE CONTROL OF POLLUTION WILL NOT NORMALLY BE PERMITTED.
 
E46 WHERE DEVELOPMENT IS TO BE PERMITTED THE COUNCIL WILL, WHERE APPROPRIATE, IMPOSE CONDITIONS AND, IF APPROPRIATE, ENTER INTO LEGALLY BINDING AGREEMENTS, AND / OR PLANNING OBLIGATIONS WHICH RESTRICT THE LEVELS OF POLLUTION BY THE FOLLOWING MEANS:
  i) RESTRICTING THE LEVEL OF EMISSIONS;
  ii) RESTRICTING THE METHOD OF EMISSION;
  iii) RESTRICTING THE HOURS OF OPERATION;
  iv) RESTRICTING THE ROUTING OF TRAFFIC;
  v) REQUIRING PHYSICAL MEASURES TO BE TAKEN TO ATTENUATE LEVELS OF POLLUTION;
  vi) REQUIRING THE MONITORING OF LEVELS OF EMISSIONS.
 
3.7.20 Where Planning consent is issued for development, for a limited period, or where, in the Council's view development may have a limited life, the Council may wish to impose decommissioning or restoration conditions to ensure that the site does not remain unsightly or in a dangerous condition for any length of time following cessation of the site use.
 
 
E47 WHERE DEVELOPMENT IS TO BE PERMITTED WHICH IS LIKELY ON ITS CESSATION TO LEAVE ITS SITE OR PREMISES IN A DERELICT OR UNSIGHTLY STATE IN AN AREA CONSIDERED TO BE SENSITIVE TO THE EFFECTS OF DERELICTION, THE COUNCIL WILL SEEK TO IMPOSE DECOMMISSIONING OR RESTORATION CONDITIONS.
 
E48 DEVELOPMENT ON OR ADJACENT TO LAND WHERE EVIDENCE EXISTS TO INDICATE THE PRESENCE OF ADVERSE GROUND CONDITIONS WILL ONLY BE PERMITTED WHERE THE COUNCIL IS SATISFIED THAT THE ADVERSE GROUND CONDITIONS CAN BE ADEQUATELY AND SAFELY TREATED.
 
E49 THE JUXTAPOSITION OF DEVELOPMENT INVOLVING THE INTRODUCTION OR CONGREGATION OF SIGNIFICANT NUMBERS OF PEOPLE AND DEVELOPMENT INVOLVING HAZARDOUS INDUSTRIAL PROCESSES OR OTHER INCOMPATIBLE ACTIVITIES WHICH MAY BE HAZARDOUS WILL NOT NORMALLY BE PERMITTED.
 
E50 IN CONSIDERING DEVELOPMENT PROPOSALS LIKELY TO CAUSE AN INCREASE IN AMBIENT NOISE LEVELS AROUND NOISE SENSITIVE DEVELOPMENT, THE COUNCIL WILL SEEK TO MINIMISE ANY INCREASE IN NOISE LEVELS BY REQUIRING APPROPRIATE NOISE CONTROL MEASURES. WHERE THIS CAN NOT BE ACHIEVED, DEVELOPMENT WILL NOT NORMALLY BE PERMITTED.
 
E51 IN CONSIDERING PROPOSALS FOR NOISE SENSITIVE DEVELOPMENTS WHICH WOULD BE EXPOSED TO EXISTING NOISE SOURCES (SUCH AS ROADS, RAILWAYS OR INDUSTRIAL DEVELOPMENT), THE COUNCIL WILL SEEK TO SECURE AN ACCEPTABLE NOISE ENVIRONMENT FOR OCCUPANTS. WHERE THIS CANNOT BE ACHIEVED, DEVELOPMENT WILL NOT NORMALLY BE PERMITTED.
 
3.7.21 In Policies E50 and E51 above, the term "noise sensitive development" is taken to include residential development, educational establishments, hospitals, libraries, places of worship and community facilities. Where noise is considered to be a relevant consideration in the determination of a planning application, the Council may require the applicant to provide detailed information about the impact of a development or the assessed effect of existing noise sources on the development proposed. In determining the acceptability of a proposed noise sensitive development in relation to existing ambient noise levels, the Council will have regard to the noise exposure categories and advice contained in the Planning Policy Guidance Note on Planning and Noise (P.P.G.24).
3.7.22 The Council will vigorously enforce pollution control regulations and, where appropriate and where powers are available to it, seek to bring legal action against polluters.
3.7.23 The Council will apply the principle of the "polluter pays" to its determination of planning applications.
3.7.24 The Council will comply with national and international requirements to seek to ensure that pollution emanating from within the District does not create pollution problems outside the District.
3.7.25 Where a previously established use has ceased and the site is left in a derelict or unsightly condition the Council will seek to exercise any available powers to ensure that the site is reclaimed.
3.7.26 The Council will consult the Environment Agency (and any other appropriate body) on all applications, which it considers may have implications for the pollution of air or water.
 
 
Environmental Design
3.7.27 A high standard of environmental design in new development is an important part of the regeneration strategy. It is important that policies are established which will define the environmental standards that will be expected on all new development. Securing these standards is a major aspect of environmental regeneration.
3.7.28 Environmental Impact Assessment (EIA) is a means of providing an assessment of the likely environmental effects of new development proposals. EIA is normally required for proposals which are likely to have a significant impact on the environment. This includes large-scale development and engineering works, the construction of highways and mineral workings such as opencasting.
3.7.29 In accordance with The Town and Country Planning (Environmental Impact Assessment) Regulations 1999 and Circular 2/99 Environmental Impact Assessment the Council will require an EIA statement to be prepared by applicants for development within schedule 1 of the Regulations. The Council will also require an EIA statement to be prepared by applicants for development within schedule 2 of the Regulations which is considered to have potential to significantly effect the environment by virtue of its nature, size, or location.
3.7.30 This approach requires two basic policies to be applied. Firstly, that a duty is placed upon applicants to show that they have considered the environmental impact of their proposals, and secondly, that they have provided enough information with their proposals to allow the Council to judge the environmental impact.
3.7.31 The impact of proposals on their local environment and the environmental benefit that might be secured as part of the proposal are key issues to be considered when determining development proposals. To do this, the Council will require planning applications to include accurate survey information and adequate details of the proposed development which will allow it to discern accurately the impact that it will have on the locality and the environmental benefit that might be attributed to it.
 
 
E52 DEVELOPMENT WHICH HAS A SIGNIFICANT DETRIMENTAL IMPACT ON THE AMENITY OF ITS LOCALITY BY VIRTUE OF ITS APPEARANCE INCLUDING ITS SCALE, MATERIALS, AND COLOUR, ITS ORIENTATION OR ITS EFFECT ON A SENSITIVE LOCATION, WILL NOT NORMALLY BE PERMITTED.
 
3.7.32 Preference will be given to development which reflects or complements the character or its locality in terms of scale, colour and materials and where the development is incorporated into the natural characteristics of the area in terms of local topography and vegetation.
3.7.33 Preference will be given to development which adheres to the principles of secured by design outlined in the Council's Designing Out Crime Guide.
3.7.34 All planning applications for development must be supported by plans and information to a readily comprehensible standard. This must include, where appropriate, elevations and site plans showing the impact on the adjacent land and property and an accurate survey of vegetation, topography and existing buildings on the development site and its surroundings.
 
 
E53 THE COUNCIL WILL REQUIRE APPLICATIONS FOR FULL PLANNING PERMISSION TO INCLUDE A DETAILED LANDSCAPE SCHEME AND DETAILS OF THE PROTECTION OF EXISTING WILDLIFE HABITATS AND THE CREATION OF NEW HABITATS WHERE THIS IS APPROPRIATE TO THE DEVELOPMENT.
 
E54 DEVELOPMENT WHICH IS CONSIDERED TO BE VISUALLY INTRUSIVE ON SKYLINES WILL NOT NORMALLY BE PERMITTED.
 
E55 WHERE APPROPRIATE, DEVELOPMENT ADJACENT TO RIVERS, CANALS OR BODIES OF WATER, SHOULD BE ORIENTATED TO FACE THE WATER COURSE OR BODY OF WATER, AND SHOULD ENHANCE THE WATER'S EDGE. THE COUNCIL WILL ENCOURAGE THE PROVISION OF PUBLIC ACCESS IN APPROPRIATE CASES.
 
3.7.35 Any such proposal will need to be in accordance with the requirements of the Environment Agency.
 
 
E56 DEVELOPMENT ABUTTING THE GREEN BELT, GREEN CORRIDORS OR OTHER OPEN LAND MUST PROVIDE WHERE APPROPRIATE FOR A LANDSCAPED TRANSITION ZONE BETWEEN THE BUILT ENVIRONMENT AND THE OPEN LAND.
 
E57 WHERE DEVELOPMENT IS TO BE PERMITTED WHICH INCLUDES LANDSCAPING, THE COUNCIL WILL REQUIRE THAT IT IS MANAGED AND MAINTAINED FOR AT LEAST 3 YEARS FOLLOWING COMPLETION OF THE LANDSCAPE SCHEME.
   
3.7.36 Two specific areas of environmental design which can have a marked effect on the environmental quality of an area, and yet which are not specifically related to any single land use, are felt to require special consideration. They are advertisements and services. It is anticipated that the commercial pressure for advertising will continue and the Council wishes to specially recognise the policy stance that it will take with regard to proposals for advertising. Similarly during the Plan period the pressure for additional service routes and new forms of transmission will continue to develop. The Councils approach to these matters is identified in the following policies.
 
 
E58 ADVERTISEMENTS THAT ARE DOMINANT, ILL DESIGNED OR UNNECESSARILY NUMEROUS IN RELATION TO THEIR LOCATION WILL NOT BE PERMITTED.
 
E59 SPECIAL ATTENTION WILL BE GIVEN TO APPLICATIONS FOR SIGNAGE AND ADVERTISEMENTS IN AREAS OF PARTICULAR SENSITIVITY SUCH AS DESIGN PRIORITY AREAS, RURAL AREAS AND CONSERVATION AREAS.
 
3.7.37 The Council will endeavour in all its operations to set a high standard of design in all its signing and advertising. The Council will give particular priority to using its statutory powers to take action against unauthorised signs and advertisements.
 
 
E60 THE COUNCIL WILL SEEK TO ENSURE THAT ALL WIRING AND CABLING ON NEW DEVELOPMENTS ARE LAID UNDERGROUND AND WILL PARTICULARLY REQUIRE THIS TO BE UNDERTAKEN IN AREAS OF GREEN CORRIDORS, NEW HOUSING ESTATES, DESIGN PRIORITY AREAS, CONSERVATION AREAS AND ADJACENT TO LISTED BUILDINGS.
 
E61 THE COUNCIL WILL SEEK TO ENSURE THAT:
  i) ALL NEW ELECTRICITY TRANSFER ROUTES, PIPELINES, CONVEYOR BELTS OR CABLING, PROPOSED WITHIN THE DISTRICT, ARE LAID OR CONSTRUCTED UNDERGROUND, OR ARE ADEQUATELY SCREENED OR LANDSCAPED;
  ii) ALL NEW ELECTRONIC TRANSMISSION AND RECEIVING EQUIPMENT IS LOCATED IN SUCH A WAY AS NOT TO CAUSE SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT TO THEIR SURROUNDINGS OR THE BUILDING OR STRUCTURE TO WHICH THEY ARE ATTACHED.
   
3.7.38 The Council will endeavour in all its operations to set high standards and minimise the environmental impact of service routes and new forms of transmission. In its consideration of any proposals for overhead electricity transmission lines the Council will take into account the National Grid Company's "Holford Rules" on good routing practise for power transmission in the countryside as established in 1959 and revised in 1991.
3.7.39 In the areas referred to in E60 the Council will seek to ensure that the visual impact of any overhead wiring is minimised by appropriate routing, screening and landscaping and will favour the placing underground of such wiring and cabling.
 
 
Designing For Disabled People
3.7.40 It is increasingly recognised that disabled people have a right to expect the same opportunities of access to the built environment as able bodied people. The Council is working towards this through a 13 point policy document and has appointed an Access Co-ordinator to focus Council initiatives and activities on the needs of disabled people.
3.7.41 It is a statutory duty (under the Chronically Sick and Disabled Persons Act 1970) that developers of most types of non-residential buildings provide access, parking, and toilet facilities for disabled people. The Building Regulations 1985 now establish specific requirements for the internal layout of buildings to secure access for disabled people. It is essential that equal weight is attached to the needs of disabled people in the external environment. Government guidance (Development Control Policy Note 16 and Circular 10/82) lays down a broad framework for considering the needs of disabled people in relation to planning applications. Planning applications will be vetted by the Access Co-ordinator and in appropriate cases design modifications will be sought or conditions attached to secure access for disabled people. In certain cases it may be appropriate to refuse planning permission if adequate access is not made for disabled people.
3.7.42 The following policy provides a framework for considering the needs of disabled people in relation to planning applications for most types of non-residential buildings. The Council is concerned to ensure that adequate provision for disabled people is also made in new residential developments, as set out in housing policies H16-17. Furthermore, access considerations are not confined to buildings and their immediate surroundings, but are also important in relation to the spaces between buildings and transport systems, as recognised in transport policy T16.
 
 
E62 ALL NEW WORKPLACES, EDUCATIONAL ESTABLISHMENTS AND BUILDINGS OPEN TO THE PUBLIC SHALL PROVIDE ACCESS FOR DISABLED PEOPLE. APPROPRIATE PROVISIONS SHOULD INCLUDE:
  i) ACCESSIBLE APPROACHES TO BUILDING ENTRANCES;
  ii) SUITABLE CAR PARKING FOR DISABLED PEOPLE;
  iii) SIGNPOSTING OF ACCESSIBLE ROUTES AND FACILITIES.
  THIS POLICY WILL ALSO APPLY TO PROPOSALS FOR ALTERATIONS, EXTENSIONS, AND CHANGES OF USE, AS FAR AS IS PRACTICABLE AND REASONABLE.
 
3.7.43 Provision should be made for a suitable route or routes from adjoining streets, setting-down areas and any parking spaces provided for disabled people to building entrances.
3.7.44 Car parking spaces for disabled people should be provided as close as possible to an accessible entrance at the rate of one disabled space per 20 spaces provided (and a minimum of one such space).
3.7.45 Accessible routes and any special facilities should be signposted. Signs should be at a height and of a design capable of being easily read by wheelchair users.
3.7.46 As required by policy E62, proposals to alter or extend an existing building, or for a change of use for a purpose covered by that policy, should also make provision for disabled people as far as is practicable and reasonable. Relatively minor alterations can have a dramatic impact on disabled people. For example new shopfront proposals potentially provide a major opportunity to extend the range of buildings accessible by disabled people. Applicants will be expected to demonstrate a clear case that access provision is neither practicable nor reasonable if no provision is to be made.
 
 
Supplementary Planning Guidance
3.7.47 A series of Development Control Guidelines have been approved by the Council to further assist the control of development. These guidelines are listed in Appendix 1 and they will constitute material considerations in the determination of planning applications. Here attention is drawn to the Green Plan for Wakefield District and the Designing Out Crime Guide.
   
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