COAST AND COUNTRYSIDE

INTRODUCTION

3.1 The Maldon District is characterised by its coast and countryside, features that make the area unique in Essex and underpin the local economy.

3.2 The Essex coast is one of the country's most important coastlines, forming part of the Greater Thames complex of estuaries and stretching for over 300 miles. It is of international importance for nature conservation, supporting an abundance of birds and wildlife, ranging over extensive rural landscapes and retaining many archaeological and historical features. Maldon District's 58 miles of coastline is substantially undeveloped and is of great scenic and wildlife importance. It includes the north bank of the Crouch Estuary, the Dengie Flats and the Blackwater Estuary.

3.3 For the purposes of the Local Plan "the countryside" is defined as the rural areas beyond development boundaries. The countryside is a valuable resource, which needs protection for its own sake, as well as for its importance for agriculture, nature, landscape conservation, tourism and generally for the quality of life it offers residents. It is an area in which people live and work, and is an important economic asset. It is essential that the Local Plan ensures a precautionary approach to development in the countryside. This requires both protection of its assets and careful control of additional development that is actually necessary in the countryside.

OBJECTIVES

3.4 Chapter 1 has set out the overarching strategy for the Local Plan. In this context the following objectives for the coast and countryside have been adopted.

NATURE CONSERVATION

3.5 The combination of climate, soils and topography has resulted in a wide range of habitats in the District, but their continued existence depends upon the uses to which the land is put. In the past, trends in agriculture have been reducing the extent and number of habitat types. However, agriculture itself depends on the conservation of beneficial bacteria, soil invertebrates, pollination, predators, and parasites. The maintenance of a diversity of habitats is essential to retain a balanced natural environment. This broad objective, is what is now understood as 'Biodiversity', defined simply as, "the variety of life that is around us and all over the world."

3.6 Much of the District is of significant nature conservation importance. This is emphasised by the extent of international and national designations that apply particularly to the coast. The RLP has defined a Coastal Zone in accordance with Government guidance and provides protective policies for designated sites within it.

3.7 Within the Coastal Zone, the internationally important habitats include saltmarsh, grazing marsh, mudflats and river channels. They are of particular importance because of their significance for migratory birds. Saltmarsh is a rare and specialised habitat and is one of the most natural ecosystems remaining in Britain. The Blackwater, Crouch and Dengie Marshes represent around 4.5% of the total saltmarsh habitat in the UK, a resource of around 2000ha. It is however a declining habitat with an erosion rate as high as 2% a year, caused by a combination of natural processes, sea level rise and constraints imposed by traditional sea defences.

3.8 Opportunities to encourage the protection and re-creation of saltmarsh should be promoted to enhance the nature conservation value of the designated sites and to contribute to wider natural processes including its role as a natural sea defence. At Northey Island, Tollesbury Marshes and the Orplands, managed realignment (the planned breaching of the sea wall) has resulted in the re-creation of saltmarsh.

3.9 Biodiversity encompasses all living things from microscopic organisms to the largest trees. It includes exotic, rare and endangered plants and animals and those that are found in back gardens and parks and ponds. Biodiversity is also the combination of species and their habitats (surroundings). See paragraph 3.34 onwards for Biodiversity Action Plans.

Designated Nature Conservation Sites

3.10 The Local Plan contains policies for the protection of these assets. Appendix 1 contains a table showing the hierarchy of nature conservation designations in Maldon District. In order to reflect the many types of designated sites a hierarchical approach for their protection has been adopted.

International designations

Ramsar Sites

3.11 Ramsar sites are named after an international conference held on wetland wildfowl and waterfowl conservation at Ramsar in Iran, in 1971. The conference resulted in the Convention on Conservation Wetlands of International Importance, which was ratified by the U.K. Government in 1976. The UK accepted responsibility to promote the conservation of wetlands of international significance within its territory with respect to birds, plants and invertebrates. The criteria for selection of Essex Ramsar sites are based on the rare species of plants and animals they support. They also qualify because they regularly support over 20,000 waterfowl and internationally important populations¹ of several species of waterfowl. There are three listed Ramsar sites in Maldon District: the Blackwater Estuary, the Dengie and the Crouch and Roach Estuaries.

¹ An "internationally important population" is defined as 1% of the individuals in a population of one species or subspecies of waterbird

Special Protection Areas (SPA)

3.12 SPAs are designated specifically for their importance to wild birds. Under the European Community Directive on the Conservation of Wild Birds adopted in April 1979, the U.K. Government is required to take special measures to conserve the habitats of rare or vulnerable species listed in the Directive and all regularly occurring migratory species. Member states are required to designate suitable areas as Special Protection Areas and to protect these areas from damaging development (see policy CC1). The boundaries of the SPAs run landward down to the mean low water mark.

3.13 Much of the coast forms part of the Mid Essex Coast Special Protection Area. The Mid-Essex Coast Special Protection Area is of International importance as a wetland habitat for birds, regularly supporting more than 180,000 over-wintering and passage waterfowl.

3.14 Old Hall Marshes, Dengie Flats, Blackwater Estuary and the Crouch and Roach Estuaries are designated as SPAs. These sites are designated for their importance to individual species of birds, such as brent geese, little terns and hen harriers, as well as the overall numbers of birds they support. Within these areas particular species of birds are present in internationally important numbers, i.e., the area regularly supports in winter 1% or more of the world population of these species. Other species are present in nationally important wintering numbers, defined as 1% or more of the British wintering population.

Special Areas of Conservation (SAC)

3.15 SACs are intended to protect natural habitat types of European importance and the habitats of threatened species of wildlife under Article 3 of the Habitats Directive (EC Council Directive on the Conservation of Natural Habitats of Wild Fauna and Flora, 1991).

3.16 The Essex Estuaries candidate SAC (cSAC) covers the whole of the Blackwater Estuary, the Dengie and Crouch and Roach Estuaries from the point of the highest astronomical tide out to sea. As such it relates to the seaward part of the coastal zone. The Essex Estuaries have been selected as a cSAC for the following habitat features:

• Pioneer saltmarsh
• Cordgrass swards
• Atlantic salt meadows
• Mediterranean saltmarsh scrubs
• Estuaries,
• Intertidal mudflats and sandflats.

3.17 The Mid-Essex Coast SPA and the Essex Estuaries cSAC are shown on the proposals map.

The Essex Estuaries European Marine Site

3.18 Where a SPA or SAC is continuously or intermittently covered by tidal waters, or includes any part of the sea in or adjacent to the UK, the site is referred to as a European Marine Site. The marine components of the Essex SPAs and SAC are being treated as a single European Marine Site called the Essex Estuaries European Marine Site (EEEMS). This extends along the coast from Jaywick near Clacton, to Shoeburyness near Southend, from the line of the highest astronomical tide out to sea. It includes the Maplin and Buxey Sands.

3.19 Effectively, the whole of the District's coastline is within the EEEMS, although terrestrial parts of the SPAs, i.e. freshwater grazing marshes inside the sea walls, such as at Old Hall Marshes, are not included as they occur above the highest astronomical tide.

3.20 Local authorities are "relevant authorities" under the Habitats Regulations and along with other statutory authorities are responsible for the conservation and management of European Marine Sites. The District is represented on the management group of the Essex Estuaries Scheme of Management. The Management Scheme document will be a material consideration when considering proposals, which may impact on the European Marine Site.

The Conservation (Natural Habitats etc) Regulations

3.21 The Conservation (Natural Habitats) Regulations 1994 places new responsibilities on local authorities - that in the exercise of any of their functions, they are to have regard to the requirements of the Habitats Directives, so far as they may be affected by the exercise of those functions. These will have significant impacts on planning in the coastal zone. Every planning application which is likely to have a significant effect, either directly or indirectly on the cSAC, SPA or Ramsar sites needs to be assessed for its "in combination" effects and for its cumulative impacts. Whilst each individual case may not be harmful, the combined effects could be harmful to the European and internationally important sites. Therefore individual proposals may be refused in order to avoid setting a precedent for further development.

National designations

National Nature Reserves (NNR)

3.22 National Nature Reserves are nationally important sites, which may also be internationally important, representing the full range of native flora and fauna and geological or physiographical (landform) features in England. They are owned or leased by English Nature, or bodies approved by them, or are managed by landowners under a Nature Reserve Agreement. They are essentially managed for nature conservation. The function of NNRs is conservation, scientific research and study, education, amenity and recreation. However, much of the NNRs in the District are intertidal, making them dangerous to access. Two NNRs were declared in the Maldon District in 1983: The Blackwater Estuary and the Dengie Flats.

Sites of Special Scientific Interest (SSSI)

3.23 SSSIs are notified under the Wildlife and Countryside Act 1981, as amended by the Countryside and Rights of Way Act 2000. Notification as a SSSI gives legal protection to these sites. The CRoW Act has introduced new duties concerning SSSIs for public bodies. Owners and occupiers and public bodies must consult English Nature before carrying out any work which may damage a SSSI, whether it is inside or outside the SSSI boundary. They must take English Nature's advice into account before doing any work. Public bodies must consult English Nature before allowing anyone else to carry out an operation which may damage a SSSI. The CRoW Act places a general duty on all public bodies to take reasonable steps, consistent with the proper exercise of their functions, to further the conservation and enhancement of the features for which a SSSI has been notified.

3.24 SSSIs represent the country's best wildlife and geological sites forming a national network representing the diversity of wildlife, range of habitats and geological and physiographical features which occur naturally in England. Like NNRs, they have a valuable role in scientific research, education and help foster an appreciation of the countryside. The SSSIs in the District are shown on the proposals map and are listed in Appendix 2.

3.25 English Nature plays a key role in nature conservation with statutory responsibility for the establishment and ownership or management of National Nature Reserves and the notification and protection of SSSIs. On behalf of the Government English Nature designate SPAs, Ramsar sites and SACs. Under the Habitats Regulations, the Council must consult English Nature when determining planning applications that may have a significant effect on a European or international site and have regard to any representations made by English Nature.

3.26 It is necessary to safeguard and protect areas of substantive nature conservation value from the impact of development. It is important to recognise that development outside designated sites can damage sites both directly e.g. through pollution discharge or indirectly e.g. by the abstraction of water. Therefore any proposals that fall within English Nature's consultation area around international and national designated sites, or outside this zone, will be determined against the potential impact they may have on the designated site.

3.27 The District Council will therefore consult and work closely with English Nature on all planning applications within the designated sites and their defined consultation zones and any proposals which are likely to adversely affect the nature conservation interests of these sites.

Environmentally Sensitive Areas (ESAs)

3.28 Maldon District is included within the designated Essex Coast Environmentally Sensitive Area (ESA). This area was designated by MAFF (now DEFRA) in 1994, because it has been identified as an area where traditional farming methods have helped to create a distinctive landscape, wildlife habitats or historic features.

3.29 The purpose of the ESA scheme is to support the continuation of these farming practices and encourage measures that will enhance the environment. It provides for financial incentives, encouraging farmers to adopt particular management practices to encourage enhancement and protection of particular landscape characters or habitats. This designation highlights the importance of the Essex coastline and should be taken into consideration when determining applications for development.

Local designations

Wildlife Sites (WS)

3.30 These were formerly known as Sites of Importance for Nature Conservation (SINCs) and were identified by the Essex Wildlife Trust following a survey. Wildlife Sites are subdivided into habitat types, such as woodland, grassland, mosaic sites, freshwater and coastal. These sites need to be protected from development, which would adversely affect them. The Wildlife Sites are shown on the proposals map and listed in Appendix 7.

Regionally Important Geological Sites

3.31 Regionally Important Geological Sites (RIGS) are the most important places for Earth Science outside statutorily protected land such as geological SSSIs. Typical RIGS include disused quarries, cliffs, isolated boulders and river meanders. RIGS are important as an educational, historical and recreational resource and are broadly equivalent to Wildlife Sites and other non-statutory wildlife designations. RIGS are identified by locally developed criteria and notified to planning authorities by RIGS groups. The designation of RIGS is one way of recognising and thereby protecting important Earth science and landscape features for future generations to enjoy.

Local Nature Reserves

3.32 Local Authorities, under the National Parks and Access to the Countryside Act 1949, can establish Local Nature Reserves (LNRs). These habitats of local significance can make a useful contribution both to nature conservation and to the opportunities for the public to see, learn about and enjoy wildlife. There are three proposed LNRs in the District (see inset map 14):

• Ironbridge Water Meadow - unimproved water meadow
• Heybridge Creek - reedbed and saltmarsh
• Heybridge Gravelpits - flooded gravel pits of significant ornithological interest adjacent to the Blackwater River

3.33 There has been increasing awareness in recent years of the importance of nature conservation and the rich heritage of wildlife, which is under threat from widespread development pressures. Nature conservation interests are a material consideration in determining planning applications that potentially affect areas of significant nature conservation value.

Biodiversity Action Plans

3.34 Following the Earth Summit in Rio de Janeiro in 1992, a commitment was made for all countries to conserve and enhance their biodiversity, to contribute to the global resource. This has resulted in the UK Biodiversity Action Plan (published in 1995), and more recently at the local level, The Essex Biodiversity Action Plan (BAP) published in March 1999. Species and habitats that occur in Essex were selected from the national list of plans, together with ones that are characteristic or indicative of the Essex countryside. The Essex BAP contains action plans for 25 species of plants and animals and 10 habitats. National and Essex BAPs of particular interest to Maldon District include the following species and habitats:

3.35 Although some areas are designated for special protection, such as SSSIs, it is important to safeguard all areas from unnecessary development. . The appraisal of any planning proposal should include an assessment of the biodiversity issues on that particular site and any impacts its development might have on the biodiversity value of any nearby sites.

3.36 District and Borough Councils localised this process further by selecting "flagship species" of particular local importance. This Council adopted the Maldon District Biodiversity Action Plan in 1999. The Maldon District flagship species are:

3.37 The objectives of the Biodiversity Action Plans emphasise that both countryside and urban areas are important for the protection and enhancement of habitats. This is recognised in policy CC5.

3.38 The Countryside Act 1968 instructs Local Planning Authorities to have regard to the desirability of conserving the natural beauty and amenity of the countryside. The Council will seek to prevent unnecessary destruction of the visual, historic and wildlife features of the countryside. It must be recognised however, that some changes will inevitably occur. Ways of restricting and compensating for any losses will be sought, such as the creation of habitats of equal quality elsewhere on the site or in the District.

Protected species

3.39 The presence of protected plant or animal species (great crested newts, badgers, bats etc) is a material consideration in the consideration of planning applications. . However, the presence of redundant rural buildings or established habitats, for example hedgerows, trees, woods, permanent pasture, watercourses and ponds, could indicate that there might be protected species at or near that location. Where protected species are known or suspected to be on or using a proposed development site, applicants should submit an ecological survey of the site as part of the planning application package.

3.40 In certain circumstances it may be appropriate for species to be relocated from a site if the habitat to be provided is equal to or better in quality than the habitat from which the species is being moved

3.41 Where protected species are found, development works that could affect the species or its habitat may require a licence from either DEFRA (in the case of European protected species) or English Nature (where badgers are affected) the in addition to any planning permission granted. The decision to issue a licence is based upon a consideration of whether there is over-riding public interest for the development to go ahead and the maintenance of species populations. Therefore it is imperative that an appropriate survey is undertaken prior to the grant of planning permission, and the results are submitted as part of the planning application. Any mitigation measures required to enable the development to take place should be designed into the scheme at an early stage. These may take the form of extensions to existing habitats, the creation of new habitats, the protection or creation of "habitat corridors" and the location or creation of new geological exposures. In such instances applications may be referred to English Nature and Essex Wildlife Trust for their advice.

LANDSCAPE

Landscape character

3.42 Maldon District has an attractive and varied landscape. The Local Plan seeks to maintain the local variations in the landscape. There is a distinct contrast between the well-wooded, higher land to the west and the flat marsh and pasture landscapes of the valleys to the east. One-third of the District is low lying with only subtle undulations creating variation in the landscape. Areas of higher land include Wickham Bishops, the Braxteds, Purleigh, Cold Norton, Stow Maries, Maldon and the Dengie Ridge.

3.43 The Local Plan identifies Special Landscape Areas. However, the Structure Plan recognises that these give only partial recognition of the value of the landscape generally. In order to protect the visual quality of the wider countryside a landscape character assessment will be published as Supplementary Planning Guidance. This will help guide detailed consideration of the landscape impact of development proposed in the countryside by identifying the development capacity of different landscape types and appropriate maintenance and enhancement measures.

3.44 Landscape Character Assessments will supersede the current designation of Special Landscape Area (SLA). However, it would be inappropriate to delete SLAs in advance of a landscape character assessment being completed for the District as there would be an absence of planning guidance on the matter. Until such assessments have been completed, Special Landscape Areas will be used to identify areas where protection, conservation or restoration of existing character should be given highest priority.

3.45 Proposals that would result in the loss of trees which make a valuable contribution to the character of the landscape, a settlement, or its setting will be resisted. The Council will make Tree Preservation Orders (TPO) where appropriate to protect trees and woodland areas of significant amenity value. Important tree and woodland features contributing to the character of open spaces in or near settlements, or in the wider landscape, including those associated with road routes, rivers, lakes and canals and those in highly visible positions will be protected.

3.46 In 1995 CPRE and the Countryside Commission published "Tranquil Area Maps" for England. Tranquil Areas are defined as places which are sufficiently far away from the visual or noise intrusion of development or traffic to be considered unspoilt by urban influences. The majority of the District is shown as a tranquil area. Rural tranquillity is an important resource and is one of the defining features of the English countryside. As such it needs to be recognised and valued more highly. Therefore policy CC6 includes tranquillity as one of the aspects of the landscape that should be protected.

3.47 Areas of special landscape quality defined by the County and District Council are shown on the proposals map. It is important that the District's natural heritage of fine landscape should be protected. When completed the Landscape Character Assessment for the District will be used in conjunction with the policy on Special Landscape Areas.

Formation of amenity lakes

3.48 The landform of the District has been shaped by natural means over millions of years, resulting in a landscape where lakes or ponds tend to be found in undulations in the landscape, fed by streams or rivers. Large man made areas of water are present in the Essex landscape and are a result of the extraction of large quantities of gravel, agricultural reservoirs, or are reservoirs serving the residential population of the County.

3.49 The creation of an area of water at a location where there is no visual suggestion that such a landscape feature would naturally occur would be visually disruptive in the landscape. In addition the excavation of a depression which is water filled by mechanical means is not only likely to be visually obtrusive but also unsustainable.

3.50 Policy CC8 applies to amenity lakes only. The construction of agricultural irrigation reservoirs are development permitted by the Town and Country Planning (General Permitted Development) Order 1995, providing they are used for farming purposes and the spoil remains on the site. Works involving the extraction of minerals or the export of spoil from the site requires planning permission from Essex County Council (see 3.149 - 3.151).

3.51 Amenity lakes are used as a landscape feature for the enhancement of the visual amenity of the area, for leisure, such as private fishing lakes, for nature conservation purposes and other similar uses.

3.52 The design should maximise ecological value. The design of the lake should be such that it provides a range of depths, allowing a range of habitats to develop. Any amenity lake should be designed to minimise losses through evaporation, transpiration or leakage and consequently should only be located where this can be achieved.

3.53 The creation of new amenity lakes is subject to the other policies and constraints, such as BE17 and BE18 for protection of archaeological sites and CON1 development in areas at risk from flooding. Any lakes and the associated disposal of excavated material should not lead to a net decrease in floodplain storage capacity or impede flows.

3.54 An abstraction licence may be required to fill or maintain a lake. Maldon District is one of the driest districts in the UK and the granting of such a licence for this purpose would not be guaranteed. Therefore, the District Council strongly advises that applicants find out from the Environment Agency whether an abstraction licence is required and if so, to obtain for one before submitting a planning application.

Landscape Improvements

3.55 Opportunities to enhance the landscape throughout the District will always be encouraged where it accords with the character of the area. The Council will support the safeguarding of key landscape features by encouraging management agreements wherever possible. In some cases it may be appropriate for the Council to acquire land as part of a development scheme and lease it to an appropriate organisation such as the Essex Wildlife Trust. The Council will continue to encourage tree planting, appropriate landscaping schemes and new woodlands through the exercise of planning conditions and obligations, assisting Parish and Town Councils with advice and where possible financial assistance, or direct action.

Maldon Riverside Area

3.56 The water meadows, hillside and open fields at the western end of Maldon are seen as being important in terms of providing a landscape setting for the town. A number of physical constraints preclude development, including access, geological and drainage difficulties. In addition, part of the site is recognised as having nature conservation value. Much of the area lies within the Chelmer and Blackwater Canal Conservation Area. As such it is considered necessary that any development allowed will require special consideration to ensure that no harm is done to the area in terms of detriment to its character, any identified nature conservation interest and the conservation area.

Historic landscape features

Protected Lanes

3.57 True rural lanes occur essentially in ancient landscapes such those found in East Anglia and often reflect long vanished field systems. These minor roads, often with steep banks and sharp bends are unsuitable for heavy traffic and are vulnerable to road improvements and straightening. Because of their great age, the banks and verges are considered to be valuable natural habitat, particularly for rare plants.

3.58 It is the County and District Councils' policy to preserve the traditional character of these lanes by the management of traffic, control of development and through co-operation with landowners. The lanes of special importance have been selected by the Essex County Council and are set out on proposals map and are designated as protected lanes. The policy below (CC10) refers specifically to lanes under the ownership and maintenance of the County Council Highways Agency and not green lanes, bridleways or cart tracks.

Registered Historic Parks and Gardens

3.59 English Heritage compiles the Register of Parks and Gardens of Special Historic Interest in England. These make a significant contribution to the richness of the local scene and to the diversity and pattern of the national landscape. Historic parks and gardens are a fragile and finite resource. Braxted Park in Great Braxted is a Grade II* Registered Park and is the only registered park or garden in the District. The site is protected by the Local Plan and English Heritage must be consulted on any planning applications affecting it.

Ancient woodlands

3.60 Ancient woodlands are those which have been in continuous existence since before 1600. Ancient woodlands are important because they can contain a wide range of flora and fauna, much of which is confined to ancient woodland sites eg bluebells and wood anemones. It is not possible to recreate ancient woodland habitat, with its complex interrelationships of plants and animals, geology, soils and nutrient cycling systems as well as cultural and historic values. All ancient woodland over two hectares is recorded in the Ancient Woodland Inventory.

3.61 All identified ancient woodlands are designated as Wildlife Sites (WS) in the Plan. The District Council aims to ensure that no ancient woodland is lost to or adversely affected by development. Wildlife Sites are shown on the proposals map.

Hedgerow protection

3.62 The Hedgerow Regulations (1997) safeguard all hedgerows in the countryside. The Regulations require that Prior Notification be made to the District Council before the removal of any rural hedgerow. The Council determines whether the hedgerow is important following set criteria. If it is found to be important, the Council serves a "Hedgerow Retention Notice" prohibiting the hedgerow's removal.

Battle of Maldon site

3.63 The Local Plan protects the Registered Site of the Battle of Maldon near Northey Island. . The archaeological value of the battlefield is currently unconfirmed. However, the battle itself is important for both its historical significance and for the Anglo-Saxon poem ("The Battle of Maldon") it inspired, which is one of the greatest works of early English literature.

Archaeology

3.64 The Local Plan seeks to protect archaeological features within the Coastal Zone at risk from development where known and provide opportunities to excavate further areas of potential and provide opportunities to research further areas of potential Policy M/BE/23 controls development affecting archaeological sites across the District.

COAST

Essex Coastal Strategy

3.65 In May 1984 Essex County Council published the Essex Coastal Protection Subject Plan, with the purpose of securing the protection of the undeveloped parts of the coast, estuaries, tidal rivers and the immediate hinterland. It established firm policies and defined an area of coastline, referred to, as the "coastal protection belt" in which there would be stringent restriction on development, which would radically alter the estuarine environment. This designation has been included in the Maldon District Local Plan since 1987.

3.66 The "Essex Coastal Strategy" published by Essex County Council in 1994 aims to encourage the sustainable use of the Essex coastline and provides a framework for Structure Plan and Local Plan policies. The Strategy develops the concept of the "Coastal Zone." The landward boundary of the Coastal Zone is the same as that identified in the Coast Protection Subject Plan (1984) and aims to protect the rural undeveloped coastline from development.

3.67 The strategy is concerned with both land use planning issues and with setting a framework for management plans. It includes policies that refer to issues below the low water mark and within intertidal areas. Therefore the coastal zone includes an area of interest beyond the shoreline. Although local authorities do not have statutory responsibilities beyond the Mean Low Water Mark they do have interests and views on the activities that take place there. Activities undertaken within the seaward part of the coastal zone may have an impact upon the shoreline, in terms of related development or visually.

The Coastal Zone

3.68 Planning Policy Guidance Note 20 (The Coast) published in 1992 and PPG 25 Development and Flood Risk (2001) advocate coastal zone management in order to safeguard all the interests on the coastal resource. The Coastal Zone has been defined in accordance with this guidance and is shown on the proposals map.

3.69 It is primarily based on the Coastal Protection Belt in the 1996 Local Plan and includes the inter-tidal areas as far as Mean Low Water Mark. It excludes all the settlements within the coastal area. In the cases of the Blackwater and Crouch Estuaries, the whole of the estuary within the District is included within the zone to provide clarity and consistency, and to extend planning control over moorings in the two rivers. The Coastal Zone policy takes into account both landward and seaward features.

3.70 The defined Coastal Zone has an open and rural character. As such, it is a unique, finite and irreplaceable resource in its own right and this is justification for its protection. Coastal views are available from within most of the Coastal Zone though in some places views of the water itself are obscured by sea defence walls. It is also important for nature conservation and for the quality of the landscape. Proposals for development will only be acceptable if they have to be to be located in the defined Coastal Zone and preserve the character of the area

Flood Management Strategy Plans

3.71 The Environment Agency is developing Flood Management Strategy Plans for the Rivers Roach and Crouch and for the Rivers Colne and Blackwater. These Flood Management Strategy Plans will identify the most appropriate and sustainable socio-economic and hydrodynamic means of providing flood management measures throughout the estuaries as a whole, whilst also ensuring that the legal obligations to protect and enhance protected environmental sites and habitats are met. This will involve changes to some flood defence strategies including the incorporation of managed realignment in order to reduce pressures on higher priority defences elsewhere in the estuary.

3.72 Any proposals to modify flood defences, including maintenance, should be considered in the light of these Flood Management Strategy Plans. It should be noted that any such proposals are likely to require planning permission and detailed consideration in accordance with the Habitats Directive.

Settlements in the Coastal Zone

Blackwater Estuary

Blackwater Estuary Management Plan

3.73 The Government in 1992 endorsed the concept of Coastal Zone Management. This led to English Nature's "Estuaries Initiative," in which encouragement, technical and financial support was provided for preparing Estuary Management Plans. As part of this initiative the Blackwater Estuary Management Plan was prepared and adopted as a joint plan between Maldon District Council, Colchester Borough Council and English Nature in 1996. Some of the issues raised are relevant to the Local Plan and are included in this chapter.

3.74 An Issues Update Paper was published in 1999 and the Management Plan was reviewed in 2002. A new Management Plan is underproduction and is expected to be published in 2006. It will also form part of the mechanism for managing the candidate Special Area for Conservation (cSAC).

3.75 The Blackwater Estuary Management Plan addresses the management of the wide range of interests on the estuary. A number of detailed mechanisms are proposed in the Management Plan which are outside the remit of the Local Plan, such as the control of the use of launching sites and speed limits within the Maldon District. Successful implementation of many of the management proposals will however address many of the wider concerns about congested areas of the estuary.

3.76 In addition to being the local authority covering the Blackwater, Maldon District Council owns or leases significant areas of the river. The District Council will promote measures that resolve conflict between various users and uses. In addition, it will seek to encourage improved public access where appropriate and enhance the appearance of the coast. As part of this it will implement the Blackwater Estuary Management Plan and use it where appropriate as a material planning consideration when determining planning applications within its boundary.

Maldon Harbour Improvement Commissioners

3.77 Although the commercial use of the port has declined, it continues to serve some industry and an expanding leisure sector, as well as riparian businesses.

3.78 The Maldon Harbour Improvement Commissioners (MHIC) are established by a local Act of Parliament, known as The Maldon Harbour Order 1865. The Commissioners' jurisdiction extends in and over the whole of the River Blackwater from Fullbridge, up Heybridge Creek and downstream to a point above Heybridge Basin. Broadly, the Commissioners have a duty to provide the harbour and are empowered to regulate it. The MHIC Clerk and Harbour Master carry out the day-to-day operation of the port. The MHIC continues to voice and independent opinion on matters concerning the port.

Waterside uses at Maldon

3.79 The southern bank of the Blackwater at Maldon comprises a number of long established waterside uses such as boat building, boat sales, chandlery and sail making. A predominantly non-residential area, the waterside area has a particular character and connections associated with commercial and leisure riverside uses. The Hythe Quay retains traditional activities associated with the Thames Barges. The Hythe Quay is one of the most important tourist attractions for the town. Behind the waterside area are streets containing 19th century residential terraces.

The south bank waterfront derives its character from the combination of the variety of traditional water-orientated land uses. It is important that any development that is permitted in this area seeks to retain this character. Development will only be permitted where it enhances and consolidates the character of the waterside frontage as a working area. The aim is to retain and enhance the commercial and water orientated uses that currently occupy the area. Further residential development is not appropriate in this area. For the purposes of policy CC12 waterside uses include the following:

• boat building, repair, sales and storage,
• sail making,
• chandlery,
• sailing clubs,
• non-residential moorings and berths,
• manufacturing uses directly associated with the river,
• traditional riverside activities associated with the Thames Barges,
• areas of public and private open space,
• museum/interpretation centres with a maritime theme,
• and other similar uses.

3.80 For over a century the Maldon Crystal Salt Company has operated from premises in the Waterside Area, from where it manufactures Maldon Sea Salt that has national and international brand recognition. The Salt Company is experiencing increasing operational difficulties at these premises, including the relatively low saline content of the River Blackwater in this relatively upstream location, particularly during the winter months. To overcome these difficulties the Salt Company may have to relocate to a location further downstream where the salt content of the River is higher. The Council will work constructively with the Company in any search for new production premises, given its special locational requirements.

Bradwell Power Station

Existing Consultation Arrangements

3.81 The existing consultation arrangements for development proposals are described at paragraph 2.29 in the Constraints chapter.

Decommissioning

3.82 Bradwell Power Station shut down in March 2002. The station will then be decommissioned, a process by which the station is taken permanently out of service and is closed down in a careful and controlled way. The strategy proposed by British Nuclear Fuels is known as "Safestore". This involves four phases:

Defuelling

All the nuclear fuel from the site will be removed and taken to Sellafield over two to three years, removing 99.9% of radioactivity from the site.

Works Phase

Clearance and landscaping of the site over 10 years.

"Safestore" Period

This is a passive period of monitoring, care and maintenance of the site for about 85 years. Intermediate level waste from the site will be stored on site until a national repository becomes available.

Site Clearance

Dismantling of remaining buildings.

3.83 The decommissioning of the Station is being considered under the Nuclear Reactors (Environmental Impact Assessment for decommissioning) Regulations 1999 S.I. No.2892. This requires an Environmental Assessment to be prepared and consent obtained from the Health and Safety Inspectorate of the Nuclear Installations Inspectorate. The District Council is a consultee in this process.

3.84 The District Council will be concerned to safeguard the rural and residential amenities of the District in its response to the Environmental Assessment and any development required as part of the decommissioning process, for example new storage facilities for existing waste on the site. This matter will also invoke waste disposal planning control, which is a function of the Joint Structure Plan Authorities through the Waste Local Plan. The District Council is also mindful to ensure that the removal of demolition materials and other residues from the site are transported on adequate roads and by rail and water.

3.85 The redevelopment of the site is not a consideration for this Plan given the length of the decommissioning process. Maldon District Council will consider reviewing the policies relating to the Bradwell Power Station site if decommissioning is completed during this Plan period and if the economic development of the District requires it. However, the Power Station site and land outside its confines lies within the Coastal Zone and therefore is subject to strict restraint policies applying to the coast and countryside.

The Crouch Estuary

3.86 The River Crouch is extensively used for cruising, dinghy sailing and by motor cruisers. Commercial vessels also use the river and discharge at Creeksea Terminal. Burnham-on-Crouch is famous for sailing and is known as "The Cowes of the East Coast".

3.87 The Crouch Harbour Authority maintains a fairway and although there is usually plenty of water available for sailing, congestion is inevitable at times. The navigable channels of the Rivers Crouch and Roach provide 18 miles of safe waters at low tide and 25 miles at high tide.

3.88 The number of on-river moorings has decreased, assisted by the provision of a 350 berth yacht harbour in 1989 at Burnham-on-Crouch. This facility also provides a public launching ramp and a number of on-shore facilities for visiting yachtsmen. Further upstream at Stow Creek, North Fambridge, a small yacht marina has a capacity of 180 boats (Westwick Marina). Continued pressure for sailing facilities is evident on the Crouch. In 2000 the total number of boats sailing on the estuary was about 2200, a small decrease since 1980 (2500).

3.89 Like the Blackwater, the River Crouch is internationally important for its nature conservation value (saltmarsh and mudflat habitats and over-wintering bird populations), forming part of the Essex Estuaries European Marine Site. As such it is protected by European legislation, as described in paragraphs 3.12 - 3.20. However the Crouch is suffering an accelerated rate of loss of saltmarsh as compared to the Blackwater and Roach rivers, which may be caused by the speed of tidal flow due to past controls (sea walls and canalisation works) confining parts of the river.

Crouch Harbour Authority

3.90 The Crouch Harbour Authority was established by the Crouch Harbour Act 1974. The Harbour Authority's jurisdiction covers the whole of the River Crouch from a point west of Battlesbridge, the River Roach from Rochford and then out to sea to beyond Buxey Sand. The Harbour Authority owns or leases considerable portions of the Crouch riverbed. Together with its statutory powers this gives it a unique opportunity to maintain the delicate balance between open-air recreation and nature conservation. The Harbour Master carries out the day-to-day operation of the Harbour. In addition, an Advisory Committee whose members represent local commercial and leisure organisations with interests in the two rivers assists the Authority.

3.91 The duties of the Harbour Authority are to preserve, protect, regulate, manage, maintain and improve the harbour and its navigation. In addition to having regard for conserving and enhancing the natural beauty of the countryside and encouraging the provision and improvement of facilities for its enjoyment and open-air recreation. The Crouch Harbour Management Plan (1996) contains details of the Crouch Harbour Authority's policies.

AGRICULTURE

3.92 Agriculture has the greatest visual impact of any land use in the District; farming has created the landscape we see now. The countryside needs farmers to maintain it in the long-term and invest in biodiversity projects such as woodlands and hedgerows. Arable farming is by far the most important farming practiced in the District, although the agricultural pattern is very varied, with horticulture and fruit growing mostly found in the northern part of the District. Modern farming techniques and management have led to larger farm units, increased productivity and declining employment.

Agricultural land quality

3.93 The Department for Environment, Food and Rural Affairs (DEFRA) (formerly MAFF) operates a long established land classification system, with Grades 1, 2 and 3a being identified as the highest quality agricultural land. This should be protected from development and retained for agricultural use wherever possible because of its versatility. DEFRA is able to advise whether agricultural land is grade 1,2 or 3a.

3.94 Local Plan policy seeks to protect such land and guide development to alternative locations. However, development, such as habitat creation for sustainable flood defence, may exceptionally take place on BMV land if no other suitable alternative location exists.

Agricultural Development

3.95 Agriculture may require specific development such as agricultural buildings, ancillary uses associated with the agriculture function, or residential accommodation for the farm workers. It is necessary for development, essential to the needs of agriculture to take place in the countryside. However, it is important that there is no adverse effect on the qualities of the countryside and immediate surroundings.

3.96 In certain cases permitted development rights for development on agricultural units of five hectares or more cannot be exercised unless the applicant has applied to the Local Planning Authority for a determination as to whether prior approval is be required.

3.97 Annex E of PPS 7 (The Countryside - Environmental Quality and Economic and Social Development) states that local planning authorities should verify that the development does benefit from permitted development rights and does not require planning permission before accepting a prior notification application. Having determined the validity of the prior notification procedure the Authority must balance the operational needs of enterprise against ensuring that the following matters of acknowledged environmental importance are not harmed:

• Areas of Special Landscape Value and the area within the Coastal Zone
• Sites of Special Scientific Interest and areas of National and International Importance for Nature Conservation
• Settings of Listed Buildings
• Preservation of Ancient Monuments and known archaeological sites.

Accommodation for Agricultural Workers

3.98 The strategic approach emphasised in this Plan is to direct new residential development into urban areas within defined development boundaries. New dwellings are not normally permitted in the countryside. Dwellings for farmers and farm workers should be located in existing settlements unless a proven need for a dwelling to be located on a farm can be clearly demonstrated. Accommodation for agricultural workers on farm holdings is an exception to the settlement policy in this Plan. Therefore it is justified that the Plan strictly controls their development in order to protect the countryside and not undermine the Plan's settlement policy.

3.99 The general thrust of the policies relating to this subject reflect the assumption that there is a finite need for this type of development and that past planning permissions have satisfied this housing requirement. The restoration or conversion of agricultural buildings that are no longer suitable for modern agricultural purposes will take precedence over new buildings, particularly if they are considered to be suitable in terms of size, location and access.

3.100 It is equally important to ensure that those dwellings that have been permitted to satisfy a functional agricultural requirement are prevented from becoming occupied by persons not connected with the agricultural or forestry industry. As part of reducing development pressure on the countryside where a farmer requires a further dwelling, in addition to the existing farm housing stock, permission will be subject to conditions being imposed which ensure retention of those dwellings for occupancy by agricultural/forestry workers.

3.101 Annex E to PPS 7 sets out guidance to Local Planning Authorities in respect of agriculture/forestry dwellings. In particular it is advises that a 'functional test' will be required in all cases to establish whether it is essential for the proper functioning of the enterprise for one or more workers to be readily available on the site at most times.

3.102 In cases where a 'functional test' is inconclusive a 'financial test' will be required to provide further evidence of the genuineness of the stated intentions to engage in farming or forestry or the size of the dwelling which the unit can sustain. The test of financial viability is necessary where the enterprise might be considered to have an uncertain future. In these cases such a test is necessary to establish the likelihood of a further dwelling being situated in a rural area without agricultural justification. Favourable consideration is only likely to be given if the functional and financial tests are met and if the holding is greater than five hectares.

3.103 When deciding applications for agriculture workers dwellings the District Council will consider the needs of the holding rather than the occupier and in particular will take the following into consideration:

1. The viability of the holding;
2. The need for workers to be accommodated on the holding;
3. The existing accommodation available on the holding;
4. The need for the dwelling to be related to a full-time worker;
5. The reason why any existing accommodation does not meet the needs of workers to be housed on the holding;
6. Whether an existing dwelling, previously housing workers employed on the holding or closely connected with it has recently been sold, separated or alienated from it;
7. Whether the proposed dwelling is of an appropriate size for the functional need and is a suitable size for the needs and means of a person employed in agriculture. This is also a relevant consideration for proposals to extend dwellings subject to an agriculture occupancy condition.

3.104 The approach to considering applications for dwellings for agricultural workers has to be seen in the context of other countryside policies that seek to protect the visual amenities of the District. The dwelling permitted should be commensurate with the size of the holding and with the income required from the holding to sustain the construction and running costs of the dwelling. Conditions may be attached to the consent for the dwelling which prevent the uncontrolled enlargement of the dwelling beyond that considered appropriate in relation to the size of the holding. Siting of the new dwelling should take into account, not only the functional need, but also the appearance of the area. All new agricultural dwellings should be in close proximity to any other dwellings on the holding unless functional requirements determine another location.

Conditions attached to planning consents for dwellings for agricultural workers

3.105 In cases where the Authority is minded to grant permission for a new dwelling for an agricultural worker the Authority will seek to control the development through conditions or an agreement which:

• Prevent the loss of the dwelling from the stock of agricultural dwellings in the District;
• Ensure that the dwellings forming part of that holding's stock of agricultural dwellings are retained as part of the agricultural dwelling stock;
• Apply agricultural occupancy conditions on other dwellings on the holding;
• Require applicants/owners/interested persons to enter into an Obligation with the District Council preventing the future sub-division of the existing farm unit and the disposal of any building or dwelling forming part of the existing farm holding.

3.106 In order to ensure that the dwelling is constructed to meet the current needs of the applicant and enterprise, conditions will be attached reducing the period for implementation of the consent. Once constructed it is important to ensure that the dwelling is retained for its original purpose and not allowed to be extended thereby rendering it incapable of being retained as a dwelling occupied by a person employed in agriculture.

Temporary Accommodation for Agricultural Workers

3.107 As part of the general concept of protecting the countryside for its own sake it is not considered appropriate to allow temporary structures in the countryside. An exception to this general rule may relate to residential accommodation associated with the establishment of a new farming enterprise. In these circumstances the Authority would need to be satisfied that the temporary accommodation would be replaced within a relatively short period. Applicants involved in establishing a new agricultural enterprise, whether it is commenced as an addition to an existing farming enterprise or an entirely new enterprise, will be required to submit evidence to establish the functional requirement for any new residential accommodation.

3.108 In addition the applicants should submit evidence showing:

• Firm evidence of their intention and ability to develop the enterprise.
• Evidence that the enterprise has been planned on a sound financial basis.
• Evidence to show that the accommodation is necessary having regard to the type of farming enterprise and that the accommodation could not be provided elsewhere on or adjacent to the holding.
• Evidence of a business plan, which shows the replacement of the temporary accommodation with permanent accommodation within a specific time-scale.

3.109 In granting a temporary consent for residential accommodation in these circumstances it is not the intention of the Authority to renew these consents on a regular basis. Applications for renewal will be considered having regard to the circumstances of each particular case and especially whether the time-scale for replacing the temporary accommodation is being adhered to.

Conditions to be attached to permissions for temporary accommodation for agricultural workers

3.110 Consents of this nature are clearly exceptions to the countryside policies adopted by the Authority and if the agricultural enterprise fails to consolidate then the Authority should be able to rapidly rectify the situation. For this reason it is necessary for the applicant to give a clear indication as to when the temporary accommodation will be replaced with permanent housing. The Authority should also make it clear to the applicant that a renewal of the consent for the temporary accommodation will not be extended indefinitely.

Agricultural Occupancy Conditions

3.111 For many years the planning regime has permitted dwellings in the rural areas for agricultural workers as an exception to the general national policy of protecting the countryside from unnecessary and intrusive built developments. In most cases conditions have been attached to these dwellings to ensure that they remain part of the dwelling stock that assists the agricultural industry in maintaining its viability and functionality.

3.112 The District Council recognises that circumstances may change rendering a property surplus to requirements. However, before persons not employed in agriculture can occupy a dwelling, the District Council would need to be assured that the dwelling has been occupied in compliance with the original occupancy condition for a reasonable period.

3.113 The agricultural dwelling stock in the rural areas is a finite resource and not one that should be unnecessarily reduced. Before permission is granted to allow the dwelling to be occupied by a person not employed in agriculture it is important to ensure that the agricultural community no longer needs the dwelling. Therefore evidence will be required that there is no prospect of the dwelling being sold, rented or leased to a person who can comply with the agricultural occupancy conditions.

Development associated with agriculture

Intensive livestock units

3.114 Intensive livestock units designed to accommodate pigs, poultry or calves can be totally independent of the surrounding land holding and therefore can function viably within relatively small land holdings. The siting of these units need not follow either the existing pattern of agricultural buildings in the countryside or the current pattern of land ownership. The erection of buildings or engineering operations for the storage of slurry or sewage sludge within 400 metres of a building normally occupied by people, other than those connected with agriculture, require planning permission. Normally these buildings are located adjacent to an existing farming enterprise and rely on the land holding associated with it.

3.115 In determining applications for these units the District Council will ensure that the location does not impair the visual amenities of the countryside. In addition it will also consider other matters such as:

• The disposal of effluent
• The level of traffic generated
• The impact of on any adjoining properties.

3.116 The rearing of poultry or pigs intensively in an installation with more than

1. 40,000 places for poultry, or

2. 2,000 places for production pigs (over 30kg), or

3. 750 places for sows

is subject to the Pollution Prevention and Control (England and Wales) Regulations 2000, which came into effect on 1 August 2000. Applicants should contact the Environment Agency at an early stage to discuss how these regulations will affect their proposals.

3.117 Agricultural businesses inevitably involve secondary activities, such as agricultural machinery firms, processing industries, grading of agriculture produce, crop drying etc. These activities may require development of large buildings, for example where a processing plant is required, and may be associated with effluent, smell, noise and traffic. In most cases such development should be located on existing or allocated employment areas where local environmental affects can be minimised. Where it is demonstrable that no alternative location is available for such activity to take place on an existing employment area or that it would be impractical to use such any available areas, a rural location may be considered under this policy.

RURAL DIVERSIFICATION

3.118 Rural diversification aims to promote a sustainable, diverse and adaptable agricultural sector. It is a necessary process to enable the rural economy to grow, adapt to changing circumstances and remain viable and competitive. Therefore the District Council will support rural diversification projects. Examples of projects include farm tourist accommodation, small business development and small scale recreation activities.

3.119 Providing additional income to farmers enables farming to continue, provide employment, helps the re-use of redundant or underused farm buildings and land which would otherwise fall into disrepair. This helps to support and maintain the rural economy. Non farming employment in rural areas allows the rural workforce to find alternative employment as the agricultural economy changes as well as providing a customer base for rural shops and services.

3.120 Although the District Council is supportive of rural diversification it should not take place at the expense of the environment. It is a priority for the Council to strictly control the extent and possible intrusion of new buildings and associated external features into the undeveloped countryside, Coastal Zones and Special Landscape Area. Therefore the re-use of existing buildings will be encouraged. Care will be taken so that development which is allowed should not have a detrimental appearance on the area or where the conversion or replacement of a building is allowed it should not detract from the existing built character. It is also important that new uses do not affect the amenity of neighbouring uses.

3.121 The replacement of existing buildings and land uses may be allowed near to established settlements where local services and public transport are available provided that this would provide an environmental improvement in terms of impact of the development on the countryside. The re-use of remote rural buildings for uses other than agricultural uses that are directly related to the existing or adjacent farm holdings may not be permitted for other uses as they perform poorly in terms of sustainability.

3.122 Rural diversification should not take existing employment away from settlements as they provide a more sustainable location. As such new employment rather than the relocation of existing employment uses away from areas which perform better in terms of sustainability criteria is required. This is to enable towns and villages to maintain their viability and to support local services and to keep existing employment uses located in areas which are considered to be more sustainable.

3.123 Conversion of appropriate buildings in suitable locations could open the countryside to people wishing to enjoy the unspoiled coastline and countryside. Footpath, cycle way and bridleway access to the coastline is limited and proposals for the conversion of buildings for holiday accommodation where further access is promoted, will be encouraged. The conversion of suitable existing rural buildings to provide hotel and other serviced accommodation will be encouraged provided all relevant criteria are met.

3.124 Where appropriate, planning conditions will be applied to remove permitted development rights that would otherwise accompany the new use in order to help protect the visual appearance of the countryside.

3.125 Other policies in the plan also need to be considered such as recreation policies REC19 to REC21.

Re-use of listed buildings in rural areas

3.126 The Council aims to ensure listed buildings of architectural and historic interest are occupied and maintained in a satisfactory condition. Consequently, whilst it is not necessary to find uses for and retain all rural buildings, there is a requirement to prevent listed buildings being demolished or altered detrimentally. The use of a listed building which would result in external or internal changes being made which would damage the integrity of the building will not be permitted. Policy BE16 may also apply.

Re-use of rural buildings for Residential Purposes

3.127 The re-use of rural buildings for residential uses is contrary to other policies in this Plan, particularly the settlement policy. Re-using rural buildings for residential use will exacerbate the imbalance between employment opportunities and rural population and will increase pressure on rural services. It will also deprive potential employment uses of some premises.

3.128 The change of use of a rural building to residential introduces domestic activity within the areas immediately surrounding the buildings, eroding the rural character of buildings in the landscape. As such it is likely that planning conditions will be applied to remove permitted development rights which would automatically allow additional domestic features in the countryside.

3.129 Therefore this form of re-use has a low priority compared to other forms of re-use. Conversions of this nature should therefore only be allowed in the most exceptional circumstances, for example for agricultural or forestry workers. Where a residential re-use is exceptionally permitted, any extension of the curtilage into the open countryside will not be allowed.

3.130 Where planning permission is granted for the conversion of a rural building to residential use and where it is determined that additional farm buildings in association with the existing agricultural holding would have a detrimental impact on the landscape, it is likely that planning conditions will be applied to remove permitted development rights for additional agricultural buildings to help protect the landscape from intrusion by additional structures

LIVING IN RURAL AREAS

Introduction

3.131 The previous group of policies relating to operational development and change of use in the countryside have been designed to enable it to be maintained as a farming landscape, whilst creating sufficient local employment to maintain the social fabric and economic vitality of the area.

3.132 The following policies on residential development are exceptions to the Plan's settlement policy. These have common themes aimed at protecting the countryside from intrusive development, maintaining the existing settlement pattern, not creating more housing in rural areas and not placing additional pressure on the already stretched public utilities.

Replacement dwellings in the countryside

3.133 It is the aim of this policy to allow for the replacement of dwellings in a way that protects the landscape of the District for its own sake. No increase in the impact of a dwelling on the landscape is the desired out come and the prevention of previously undeveloped areas from being developed. To prevent increases in unsuitable or unsustainable development the dwelling which is to be replaced has to be lawful in terms of planning legislation.

3.134 In order to assess the impact of the replacement dwelling on the surrounding countryside it will be necessary for the application to be accompanied by plans showing details of the dwelling together with its siting and the landscaping proposals for the site. Failure to supply these details will result in the Local Planning Authority requesting further details as required by Article 3(2) of the Town and Country planning (General Development Procedure) Order 1995. The design details and landscaping proposals will be considered in relation to the policies contained in the Built Environment chapter.

3.135 The rebuilding of habitable dwellings, which have been destroyed by fire or other natural disasters, will usually be permitted.

Garden extensions in the countryside

3.136 In the countryside the size of a house generally corresponds with the size of the garden and this in turn fits with the adjacent field pattern. The District Council aims to ensure that this field pattern, relating to landscape features such as ditches, hedges and physical changes in the gradient of the land, is not destroyed by inappropriate land use changes.

3.137 Apart from the changes in the field pattern the enlargement of a residential curtilage introduces a small-scale domesticated area into a landscape of field patterns and features on a much larger scale. To reduce the urbanisation of the countryside, a hedgerow comprising native species must define the garden extension's boundaries. Soft fencing of the extended garden area will only be allowed as a temporary measure, whilst the hedgerow matures. Panel fencing is an alien feature in the countryside and therefore will not be permitted.

3.138 In some circumstances a number of householders group together to purchase part of a field for garden extensions. Where such a "group application" is submitted, planning permission will only be granted if the proposal meets all the criteria in policy CC23 and all of the householders in that group of dwellings are participating in the proposal.

MINERALS DEVELOPMENT

Minerals Local Plan

3.139 The Joint Structure Plan Authorities are responsible for minerals planning control in the District and policies for mineral workings are included in both the Structure Plan (2001) and the Minerals Local Plan First Review (1996). This Plan identifies a "preferred site" for minerals extraction at the Royal Oak Pit, Woodham Mortimer. This is an extension to an existing site including deeper working of a consented area. The Minerals Local Plan Second Review will commence in 2002 and has a target adoption date of 2004.

3.140 Although the Maldon District Council does not determine applications of this type, it is consulted by the County Council and asked to express its views on the proposals. When commenting to the County Council on applications to work land for sand and gravel or to provide or extend plant at sand and gravel pits, the District Council will consider the following:

1. Whether there is an identified national, regional or local need for the sand and gravel or the plant.
2. Evidence on the amount and the quality of the sand and gravel proposed to be worked.
3. The quality of any agricultural land affected and the general effect on the viability of an agricultural holding.
4. The likely affect the conservation of other natural resources and archaeological sites.
5. The likely effect on public safety and local amenity.
6. The likely means of transporting the materials that are either won from the site, or are used in or arise from, any manufacturing processes on the site.
7. The likely affect the highway network and adjoining settlements.
8. The most beneficial after-use of the land.
9. The effect on public rights of way and proposed replacement paths.

3.141 In the past gravel working in the Plan Area has resulted in several flooded pits, and more are likely to become available in the future (See policy REC18). Such pits maybe suitable for a range of sports including water skiing, sailing and angling, or for nature conservation (See policy REC17). The use of certain pits for water skiing and sailing instruction would increase safety and reduce congestion on the rivers and estuaries. This Council will continue to liaise with current gravel pit operators in consultation with the Minerals Planning Authority to secure the most appropriate after-use of the land (see also policy CC8).