BUILT ENVIRONMENT

INTRODUCTION

6.1 Recent Government guidance promotes good design both in the layout and individual design of buildings. The aim is to make the urban environment a more attractive place for people to live, work and play. This approach is intended to encourage more people to live in the urban areas, reducing the unsustainable trend towards living in the rural areas and long travel distances to work. It emphasises the importance of achieving the correct balance between the size of buildings and the spaces surrounding them. The built environment creates the atmosphere for social interaction within our settlements and generates an environment in which work and recreation can be undertaken with pleasure. It can become the catalyst for further prosperity and job creation (paragraph 17-18 PPS1).

6.2 The built environment concerns design in its widest sense, involving the design of individual buildings, definition of public spaces, streets and vistas and the context for future development. In the countryside the design of individual buildings must ensure that those buildings are absorbed into the landscape in which they are situated.

6.3 The fundamental approach adopted is to apply design principles to all forms of built development. Policies relating to these principles are to found at the beginning of this chapter. Issues that relate to specific types of development are to be found towards the end of the chapter.

6.4 The District Council adopted The Essex Design Guide for Residential and Mixed Use Areas as Supplementary Planning Guidance in 1997. The principles set out in the Guide will be a material consideration when considering proposals for new residential and mixed-use developments.

OBJECTIVES

GENERAL DESIGN ISSUES

6.5 The settlements of Maldon District are comprised of buildings of traditional design. The buildings are predominately two storeys high and have pitched roofs of varying angles reflecting the type of roof covering used. The buildings are generally constructed using brick and timber frames. Materials used in the construction of buildings have traditionally been soft red, gault or London stock bricks, weatherboarding or render for the walls. Roofs of buildings generally are clad in plain clay tiles or clay pantiles, slates or thatch. There are very few buildings constructed above three storeys high. Industrial and farm buildings built since the Second World War have incorporated the use of portal frames with asbestos cladding and profiled metal cladding.

6.6 The general pattern of development therefore is low rise using traditional materials and the spaces between the buildings reflect their intimate human scale. It is the intention of the Authority to perpetuate and strengthen this basic character when considering new developments in the District. Extensions to properties have to respect the size of the existing property and this exerts limitations on the size and design of extensions. Outside the settlements and in the rural areas size is restricted more by the need to ensure that the character of the landscape is retained.

6.7 Many of the central areas of settlements pre-date planning control and have buildings which are traditional in design. Using a fenestration pattern involving relatively small window openings gives the building a degree of solidity. Combining a satisfactory fenestration pattern with simple well articulated building forms helps create an identifiable townscape and one which can be associated with the existing character of the area.

6.8 The use of relatively low domestic scale buildings has resulted in the spaces created by these buildings being small, especially in the areas where the built form dominates. The retention of these human scale spaces and the creation of further spaces of a similar character in new developments are considered necessary to perpetuate the District's identity. These spaces need to reflect the function of the space i.e. whether it is a space to move through such as a passage or whether it is space to stand or sit in such as a square or courtyard.

6.9 PPS1 Delivering Sustainable Development says:- "Good design should:

• address the connections between people and places by considering the needs of people to access jobs and key services;
• be integrated into the existing urban form and the natural and built environments;
• be an integral part of the processes for ensuring successful, safe and inclusive villages, towns and cities;
• create an environment where everyone can access and benefit from the full range of opportunities available to members of society; and,
• consider the direct and indirect impacts on the natural environment."

6.10 To achieve and encourage good design that is compatible with the area in which the building is situated it is necessary to ensure that the building is well designed in itself. In addition it should relate well to the adjacent buildings and enhances or creates appropriate and attractive public spaces. In certain circumstances where the development is located in a sensitive area or occupies a large site there will be a requirement to submit a design statement as part of the planning application to illustrate that the proposal is in conformity with policies BE1 and BE2.

DESIGN OF NEW DEVELOPMENT AND LANDSCAPING

6.11 Design is a subjective issue in which one individual may find something aesthetically pleasing whilst another may not. Nevertheless good well thought out design is recognisably different to a lack of attention to design. A well-designed building should appear to be a self contained form that compliments and enhances its location and surroundings. The relationship of the height to width, depth and roof pitch should be satisfactory. The position, size and number of openings, such as doors and windows should create a balanced composition on each elevation, although they need not be placed in a regular pattern to achieve this. In sensitive areas especially where buildings are located abutting public areas, particular attention should be given to matters of detail such as brickwork, door and window details, gutters, down-pipes etc. The intention of the Council is to ensure that the aesthetic qualities of the district are generally improved by new development.

Relationship of new building to their surroundings

6.12 The layout and design contribute to a sense of place both within the development and in terms of views into and out. It is important that individual developments are well designed. Care has to be taken that any development takes account of the area in which it is situated. New development in areas of poor architectural quality can become the catalysts for regeneration and enhancement through good design. The design of the building itself then becomes the overriding factor rather than the surrounding environment.

6.13 In areas of good architectural quality, the need to respect the character of the adjacent buildings has a higher priority. In this situation ensuring that the building enhances the existing character should be the issue that determines the suitability of the proposal. In all cases it is important that new development does not cause nuisance to or harm the surrounding area.

6.14 Significant attention has to be given to ensuring that development does not cause demonstrable harm to the occupiers of adjacent buildings by reason of disturbance, overlooking, loss of light or by being overbearing either by reason of the design of the building or as a result of the manner of its use. The degree of importance attached to these matters is related to the function of the buildings involved.

6.15 Separately to the above the Council recognises that new development has an impact on the environment by way of energy and water use as well as the production of waste, (both in the construction process and afterwards when the development is occupied). Careful attention to these issues can reduce the impact on the environment in much the same way that good design can make a positive contribution. In the same way that the quality of design is now a material consideration in development control decisions the Council will start to consider the water, energy and waste implications of development in the development control process.

6.16 The landscape treatment and provision of amenity space in and around developments. Not only in respect of the site's visual amenities, but also in terms of how successfully the site functions to provide amenity as a place for people. The spaces around buildings, and the structures and landscape features that enclose and occupy these spaces all combine to make up the landscape of a development. Trees, means of enclosure (hedges, walls, railings, fences, and gates) and surface treatments (roads, driveways and footpaths) all contribute to the quality of character and functional success of a development. Successful development provides sufficient space for landscaping and amenity as part of the design concept and does not consider amenity as an afterthought. Where necessary, the Council will prepare Supplementary Planning Guidance (documents) on design issues in connection with new developments.

6.17 In any new development proposal every effort should be made to retain good existing landscape features, such as trees, hedges, old walls, ponds or water courses. This includes the construction phase. This can provide a framework and structure for the development site that will lead to more interesting layouts with a feeling of maturity and a good relationship with the existing surroundings. These features may also be of historical or wildlife significance. It is vitally important that the practicalities of protecting existing features during development and their long-term conservation are fully appreciated and properly accommodated in the proposals. A detailed site survey (including topographical information) and a thorough appraisal is the essential starting point for considering these issues. Planning conditions will be attached to require any submitted landscaping scheme be implemented at the appropriate time. The District Council propose to produce Supplementary Planning Guidance (SPG) on landscape, conservation and design issues.

6.18 Policies relating to the protection of wildlife, landscape protection and historic landscape features in the Coast and Countryside Chapter should also be considered when preparing a landscape scheme for a development site

Access for Disabled People

6.19 The Council is committed to promoting an inclusive society that offers opportunity for everyone. All new development, and particularly that intended for general public use must promote accessibility both into and within and make appropriate safe provision in terms of access, egress and parking. An environment designed to be accessible to disabled people will be more accessible and user friendly for everybody, including wheelchair and pushchair users, people with physical and sensory impairments and elderly people. Easy access is part of good design and is beneficial to local business. The appropriate stage to consider accessibility is in the initial design not as an afterthought. This is particularly important with regard to development and alterations to existing and historic buildings

6.20 Section 76 of the Town and Country Planning Act 1990 imposes a duty on Local Planning Authorities to draw to the attention of applicants for planning permission the need to have regard to certain provisions for disabled people. The buildings affected by this legislation are offices and factories and those to which section 4 of the Chronically Sick and Disabled Persons Act 1970 apply. Section 4 applies to development which will result in the provision of a building to which the public are admitted whether on payment or otherwise.

6.21 The Building Act 1984 has recently been amended to extend Part M, covering access and facilities for disabled people, to include new dwellings. Circular 8/98 advises that the approach to and the internal layout and the construction of dwellings is a matter for building control, whilst the location and arrangements of dwellings on the site is a matter for planning. Although the Authority does not have any power under planning legislation, applicants should be aware that in certain situations, especially where it is intended to develop a sloping site, the requirements of the Building Regulations may have a significant effect on the appearance of the dwellings.

Effect of development on occupiers of neighbouring buildings and land

6.22 New building, whether an extension, means of enclosure or a new building, can have a detrimental effect on the amenities of the occupiers of adjacent buildings. External activity associated with any new building or use of land should be located to minimise any possible nuisance to occupiers of neighbouring property. Whilst views across neighbouring land cannot be protected by the planning system, consideration should be given to the effects new development has on occupiers of adjacent land and buildings.

Design of public and private circulation spaces including the use of street furniture

6.23 The function of a space is determined by the size, proportions and materials used to surface the area. The apparent size of the space is affected by the height of buildings surrounding it. The creation of these spaces and their enhancement is an integral part of determining the quality of the public realm. They establish links with other areas and influence movement and patterns of activity. The Local Planning Authority recognises that the space around the building and the space it assists in enclosing is often as important as the building itself. Allied to this is the need for the space to offer opportunity for the public to use it by providing appropriate street furniture and signage to promote accessibility.

Designing a safe environment

6.24 Circular 5/94 (Planning out Crime) comments that there should be a balanced approach to design which attempts to reconcile the visual quality of a development with a need for crime prevention. In preparing development schemes, safety and crime reduction/prevention features from the "Secured by design" approach should be taken into account and incorporated where appropriate. All developments should incorporate a landscape design that does not impede opportunities for natural surveillance. The layout of the development should ensure that all rear boundaries are secure, footpaths and cycle routes are lit and overlooked and car-parking areas are relatively small and offer opportunities to be overseen. The Transport Act 2000 makes provision for "Home Zones" in England and Wales. A home zone can turn streets into a valued public space and at the same time reduce the incidence of crime. Should the Highway Authority pursue this legislation the District Council will support the introduction of these zones where it is considered appropriate. Excessively long paths between buildings, especially where the path cannot be viewed along its length from either end, should be avoided

Parking and Servicing

6.25 The District Council accepts that whatever parking standards are adopted there will be a need to provide for a limited amount of vehicle parking in the vicinity of buildings occupied by people. It is acknowledged that areas occupied by parked vehicles are not visually conducive to an attractive environment and can dominate to the detriment of an area. It is important to minimise the visual impact of car parking areas both when they are free of vehicles and when they are occupied. To ensure that the visual impact is reduced the parking areas should be small and located between or behind buildings. Where this is not possible, the emphasis should be placed on creating visual interest in the parking area by using a variety of hard and soft landscaping.

SPECIFIC DESIGN ISSUES

Design of residential buildings and extensions

6.26 There are three key policy elements to determining whether an extension to a dwelling is satisfactory in planning terms:

1. Rural settlement policy

2. Individual design of the building

3. The effect of the proposal on the occupiers of neighbouring properties

6.27 These points are dealt with under , Policy BE1 and BE6.

6.28 The impact an extension can have on the amenities of the occupiers of the neighbouring properties is determined by the proximity of the extension to the adjacent building. The higher the density of buildings, the more difficult it becomes to extend a property without having some adverse impact on the amenities of the adjoining property occupiers. It is the policy of the District Council to restrict house extensions on new high density housing developments by removing the automatic right to extend a property under the Town and Country Planning (General Permitted Development) Order 1995 (GPDO)(see Policy H7).

6.29 In established residential areas occupiers have the right to extend their property within defined limits without the need to obtain planning permission. Extending some of these properties to provide additional accommodation beyond that permitted by the GPDO may well not be possible without unduly affecting the amenities of the neighbouring occupiers. Elsewhere the size and position of the extension may be limited by the need to protect the amenities of the occupiers of the adjacent properties.

6.30 Amenities can be affected by:

1. Overlooking
2. Overshadowing
3. Overpowering
4. Change in the character of the area, or
5. A combination of the above

6.31 The effect on amenity in respect of (b) and (c) can be affected by the building's orientation in relation to the sun. The effect of overlooking can be overcome by the use of planning conditions requiring screening to be undertaken, although the screening itself should not be detrimental to the neighbouring occupiers.

6.32 Proposals for side extensions in areas where the character of the area is largely determined by the spaces between the properties need to ensure that either an individual extension or a succession of similar extensions does not compromise the open nature of the area.

6.33 The District Council will produce Supplementary Planning Guidance (SPG) giving guidance on the acceptable size of extensions and the relationship of the plot size of the property and adjacent properties.

6.34 To determine applications for this type of development in a consistent manner the policy has to ensure that the proposal complies with the other policies in the Plan. It is also necessary to address the amenity problems that may be created.

Extensions to dwellings in the Countryside

6.35 Policy BE6 deals with minimising the effect an extension can have on the amenities of the occupier of a neighbouring property. In the countryside whilst this may be of concern in some instances, of greater priority is the necessity to ensure that the extended property relates well to its surroundings. This is dealt with under BE1.

6.36 It is expected that planning applications for an extensions to a dwellings in the countryside will show full details of the proposed extension including all elevations, floor plans and siting. Where the dwelling is vacant and in poor condition evidence is required to show that the building could be renovated to a habitable condition without the need to obtain planning permission for any alterations or additions.

Shop Fronts

6.37 The majority of retail outlets in the district are located in the centres of the towns and villages. However due to the historic nature of Maldon district most of the urban centres are also Conservation Areas with a high amenity value in which the Council has a statutory duty to consider whether development would preserve or enhance the character of the area. Whereas all development in conservation areas is dealt with in Policy BE13 the functional requirement of the retail outlet means that the ground floor of the building has a different style and character to the floors above. The internal layout of the shop, together with the need to provide the maximum window display area, may result in there being conflicts between commercial and aesthetic interests. A balance has to be struck which allows the retail unit to trade successfully and yet maintain the architectural integrity of the building and area.

6.38 The design of the shop front and the materials used in its construction should take account of:

• The character of the building,
• The character of the area in which the building is situated,
• The character and appearance of the street scene,
• The products to be retailed from the store; and
• The existing & proposed use of, and access to upper floors whether independent from or as part of the retail activity.

6.39 Shop fronts must be designed to reflect the scale and character of the remaining parts of the building. Provision will need to be made in the design to incorporate a fascia capable of satisfactorily accommodating the shop/business name.

Lighting

6.40 External lighting has become recognised as a serious environmental pollutant, if not controlled and given serious consideration at the planning stage. External lighting of residential gardens and properties are not within the control of the Planning Authority. In some situations lighting is not necessary and in others the type of lighting is not appropriate for the purpose. Although lighting is obviously environmentally damaging at night the structures supporting the lights can be equally damaging in daylight. In urban areas unsympathetic lighting of public and private car parks, service yards etc., can be extremely disturbing to occupiers of neighbouring properties and a danger to highway users.

6.41 Where properties are located in rural areas unsympathetic use of lighting to either highlight a commercial building, public building or church, or to provide illumination to external areas can seriously detract from the visual amenities of large areas of the countryside. In urban areas and villages where street lighting exists, subtle, low brilliance lighting of prominent civic buildings to highlight architectural features may be permitted. The lighting of highways is determined by national standards and cannot be varied by planning conditions.

6.42 The increase in the provision of all weather sports areas creating the possibility of longer hours of use has led to pressure to light these areas. As they are generally located within rural areas or on the periphery of urban areas light pollution can be damaging to a wide area. In these and similar situations the Authority will require the submission of a light contour map with the planning application.

Advertisements

6.43 Advertisements are displayed on buildings as part of shop fronts, on business premises and on free-standing hoardings. They are also displayed temporarily to advertise events or sales. In commercial areas they are an intrinsic part of the character; they can enhance or detract from the character of the area. Free-standing advertisements remote from the site they are advertising are likely to be detrimental to the area. Temporary advertisements can be particularly damaging because they create clutter can be hazardous to disabled people and siting is not related to any permanent physical feature.

6.44 The legislation controlling the display of advertisements strikes a balance between the need of commerce to advertise and the need to protect the visual amenity of the area. Within this framework provision is made to be able to curtail the size of advertisements in an Area of Special Control. Such an area has been established covering the rural areas of the District.

6.45 All advertising is expected to respect basic design criteria ensuring that:

1. The size of the advertisement does not dominate the elevation on which it is to be displayed;

2. The proportions of the advertisement relate well to the proportions of the elevation on which it is to be displayed;

3. The size of the lettering and composition of the advertisement is satisfactory;

4. Where applied lettering is used the profile of the lettering has a profile and depth;

5. It avoids clutter and repetition.

6.46 The materials in the construction of the advertisement relate to:

1. The building on which the advertisement is situated;
2. The location of the building;
3. The design of the permitted shop front;
4. The colours used in the advertisement are sympathetic to the building and area's character.

6.47 The illumination of signs brings another dimension to the design of advertisements. Internally illuminated individual letters is considered to introduce an alien element to the District and would only be permitted in the most exceptional circumstances. Box signs, which are internally illuminated, will only be permitted where the lettering is the only area lit. Indirectly lit advertisements are considered the most appropriate, although the method illumination should avoid the use of equipment, which is visually obtrusive during the daylight hours.

6.48 Free-standing advertisements not attached to a building will only be permitted if the District Council is satisfied that it does not harm the appearance of the area. Where the advertisement is being displayed on the forecourt of the building it is considered that the advertisement should relate well to and not dominate the building which it is advertising. Advertisements displayed remote from the site being advertised will only be permitted in the most exceptional circumstances and only if the site relates well to either an existing building or landscape feature. In all situations the structure on which the advertisement is located must be designed to reflect the size of the sign being displayed.

6.49 Most of the retail areas of the District are situated in Conservation Areas. Therefore ensuring that advertising is well designed takes a high priority in those areas. Greater emphasis will be placed on the need to use traditional materials and design in Conservation Areas, although in some instances this may be relaxed if the building allows a different design approach. The display of advertisements on listed buildings is subject to listed building control. The character of the listed building determines that any advertisement displayed on it should use traditional materials and design.

Conservation Areas

6.50 Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on Local Planning Authorities to designate, as Conservation Areas, those areas of special architectural or historic interest the character and appearance of which it is desirable to preserve or enhance. It also places a duty on the Authority to review their Areas periodically to consider whether further designations are called for. In assessing the area suitable for designation account has to be taken of the following:

1. historic layout of property boundaries and thoroughfares,
2. the quality of the architecture,
3. the spaces formed by the position of individual and groups of buildings,
4. views into and out of the area,
5. street furniture, advertising, and shop fronts, etc.

6.51 The designation of an area gives the Authority additional controls over the felling of trees and the demolition of buildings. Within Conservation Areas it is particularly important that any buildings that may have to be demolished as part of a development are replaced by those of good quality design that enhance the area. It is also important that proposals for demolition do not result in vacant land that is not re-developed in a timely manner. Conservation area designation It also enables the making of Article 4 Directions. These withdraw permitted development rights for specified types of development, which materially affect the external appearance of dwellings, such as front doors and windows, roofs and frontages.

6.52 Section 71 of the Act places a duty on authorities to formulate and publish proposals for the preservation and enhancement of Conservation Areas. To formulate policies for individual Conservation Areas it is necessary to identify what it is about its character and appearance that should be preserved or enhanced.

6.53 The Conservation Areas in the Maldon District are listed in Appendix 4. The Maldon and Burnham-on-Crouch Conservation Areas form the core of the larger settlements and consequently embrace areas with a greater number of buildings being used as shops and commercial premises.

6.54 The Conservation Area in Maldon has been the subject of a Conservation Area Partnership Scheme. This has enabled the Authority to target buildings at risk, shop fronts and incompatible windows and doors in residential properties with offers of grants to secure environmental improvements. The scheme has part funded the re-paving and widening of footpaths in the Town Centre, as well as other townscape improvements. In tandem with the grant aid of replacement windows, the Authority has made a Direction withdrawing permitted development rights allowing the replacement of windows and doors in certain streets.

6.55 Within the Maldon and Burnham-on-Crouch Conservation Areas there are a number of commercial premises with first and possibly second floor accommodation. Ensuring that the building is fully occupied helps to maintain the building in good condition and therefore benefits the Conservation Area. The premises over the ground floor in commercial use could be used for a variety of uses. In assessing the appropriateness of the use the major considerations are the need to ensure that the building is kept in good repair and the effect the use will have on the external appearance of the building.

6.56 Within a Conservation Area the Local Planning Authority has a statutory duty to ensure that development preserves or enhances the character or appearance of the area. If shop fronts are being proposed it will be necessary to secure a design that reflects both the design of the upper floors and the character of the area in which it is situated. Planning legislation acknowledges this need for greater control by reducing the size a dwelling can be extended without planning permission and introducing the ability to withdraw certain permitted development rights in Conservation Areas. As the Conservation Areas are very much part of the fabric of the District it is the intention to ensure that these areas are enhanced by adopting an approach that ensures all development is of a high standard of design using appropriate materials for the location. To achieve this, the Council will require the submission of fully detailed supporting information for proposals that affect Conservation Areas.

6.57 In Conservation Areas the balance should be in favour of protecting the aesthetic interests. It will be necessary to secure a shop front design that reflects both the design of the upper floors and the character of the area in which it is situated

Listed Buildings

6.58 All buildings built before 1700 (which survive in anything like original condition) and most between 1700 and 1840 are listed as being buildings of Special Architectural or Historic Interest. After 1840 only buildings of definite quality and character are included, as are the important works of the principal architects. Buildings that are less than 30 years old are normally only listed if they are of outstanding quality and are under threat.

6.59 There is a general presumption in favour of preserving these buildings unless a convincing case can be made for alteration or demolition. There is a statutory requirement on Local Planning Authorities to "have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."

6.60 Before consent is issued for the demolition of a listed building the Secretary of State would have to be given the opportunity to intervene. The issue of a consent for the demolition of a grade 1 or 2* building would be exceptional. The remaining listed buildings would only be granted consent for demolition following consideration of the condition of the building and the cost of repairing it, the adequacy of the efforts to retain the building in use and the merits of alternative proposals for the site.

6.61 Listed buildings represent a non-renewable finite historic resource that forms part of the heritage of the District and the nation. The loss of an historic building, or any feature that provides it with its special interest, can never be replaced. !This is an overriding concern in the management of the historic building stock. There is a general presumption in favour of the preservation of listed buildings. Conservation aims can best be supported through viable re-use, conversion or continued use nf a listed building, and this can necessitate alterations, adaptations and extensions. Such changes can form part of the continuing evolution of a listed building, where different historical phases are evident and become part of the building's 'story.' However if a listed building is subjected to successive alterations which may seem individually of little importance, these can have a destructive cumulative effect on the building's special interest. Listed building controls ensure careful management of these changes.

Archaeology

6.62 The Ancient Monuments and Archaeology Areas Act 1979 requires the consent of the Secretary of State before any works are carried out within the area of a scheduled ancient monument. The location of Ancient Monuments in the Maldon District are listed in Appendix 3 and shown in map form on the Proposals Map. In addition to these scheduled monuments the County Council maintains the Essex Heritage Conservation Record which records the locations of Scheduled Ancient Monuments, previous archaeological finds and known archaeological sites and listed buildings. Government guidance in PPG 16 advises that not all nationally important remains meriting preservation will necessarily be scheduled. This same advice further advises that where nationally important remains, whether scheduled or not, and their settings, are affected by proposed development there should be a presumption in favour of their physical preservation.

6.63 Applications for planning permission for development affecting Scheduled Ancient Monuments and other important Archaeological Sites will normally be refused if there is an overriding case for preservation. Where there is no overriding case for preservation in situ of archaeological remains, planning permission may be granted subject to archaeological conditions. Any such condition will allow an appropriate mitigation strategy to be put in place and being implemented.

6.64 The Coastal Zone on both the landward and seaward sides of the low water mark is a rich resource for archaeological and historical features, with the river valleys of the Chelmer, Blackwater and Crouch being a focus for early settlement.

6.65 The inter-tidal areas of the Blackwater Estuary host extensive areas of Neolithic land surface (c. 3000 BC) and the remains of large timber fish traps, many of which are of Middle Saxon date (AD 600-800). . These appear as a series of posts and wattle fencing visible on low spring tides.

6.66 Much of the land adjoining the coast in the District is in agricultural use. Many areas have further archaeological features evident including crop marks, decoy ponds and red hills, demonstrating some of the history of the area. In some cases where greenfield sites have been developed, e.g. at Elms Farm, Heybridge, excavations have revealed extensive archaeological deposits of national importance

Historic Towns

6.67 Supplementary Planning Guidance relating to the historic towns of Essex has been prepared by Essex County Council and adopted by this Authority in 1999. It sets out guidance for the management of the urban archaeological resource of 31 towns in Essex including Maldon and Burnham-on-Crouch.

6.68 The management strategy adopted, where applicable, divides towns into three zones: scheduled ancient monuments, areas of archaeological potential and areas of archaeological destruction. Proposals for development will be determined in accordance with the detailed strategy set out in the SPG for each of these zones and the Local Plan policies relating to archaeology and development.

Telecommunications

6.69 The principal telecommunications systems relate to those used for public telecommunications, satellite television broadcasting and terrestrial broadcasting. Public telecommunications use one of three systems.

1. The first is the fixed link system, which operates through cable connections and line of sight radio signals to antennas or satellites. Cable television companies use this system.

2. The second is the cellular system and this caters for mobile telephone users. It involves the creation of a number of base stations each servicing a limited area (cell). The size of the cell is determined by the number of users and the transmitter aerials have to be located within each cell to ensure that signals from one cell do not spill over into another cell. To avoid blind spots from buildings and hills, antennas must be situated in elevated positions. Technological advancement has introduced the "Universal Mobile Telecommunications System"(3G or UMTS) enabling users to have access to enhanced services. The system is expected to use existing structures although it still likely the operators will have to develop a number of new sites.

3. The third form of public telecommunication is via personal communication networks. This system offers two-way radio communication using small handsets.

6.70 In addition to public telecommunications, other systems involve satellite and terrestrial television broadcasting. In the case of satellite television broadcasting, television signals are beamed direct-to-home from the satellite to individual receiving antennas (satellite dishes). The dishes have to be in direct line of sight with the satellite and are usually mounted outdoors. Terrestrial broadcasting generally depends on making use of roof top aerials.

6.71 PPG 8 entitled "Telecommunications" requires that Local Planning Authorities take a positive approach to telecommunication development taking account of both environmental protection policies and the constraints placed on the operator.

6.72 Apart from some operations, including the installation of a terrestrial aerial on a domestic dwelling or changes of use, most telecommunications development constitutes development requiring planning permission. Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (GPDO 1995) permits certain developments providing the apparatus is provided by a licensed telecommunication code system operator and the operator follows certain prior notification procedures. The policy concerning the circumstances under which prior notification will be required is dealt with under the section dealing with prior notification procedures.

6.73 Developments, which require planning permission, predominantly relate to new masts over 15m in height and masts erected on buildings if the mast and building is over certain stated heights. In addition antenna and radio equipment housing if they exceed certain dimensions, require planning permission. Features of the design to be considered include the dimensions, overall shape and whether the construction is solid or forms an open framework. PPG8 Telecommunications makes reference to the following matters as issues to be taken into account when determining applications for the installation of telecommunications apparatus.

1. the type of mast;
2. whether it is located in a designated area or near a scheduled ancient monument;
3. its height;
4. any necessary ancillary development;
5. the scope for landscaping and screening;
6. technical requirements such as line of sight;
7. related network proposals;
8. opportunity for mast sharing;
9. the height of the site in relation to surrounding land;
10. the existence of topographical features and natural vegetation;
11. the effect on the skyline or horizon;
12. the site when observed from any side, including from outside the authority's own area;
13. the site in relation to areas designated for their scenic or conservation value;
14. the site in relation to existing masts, structures or buildings, including buildings of a historical or traditional character;
15. the site in relation to residential property; and
16. any other relevant considerations.

6.74 The Government is committed to the protection of both urban areas and the countryside, especially areas covered by national designations. This District is characterised by its sparsely populated rural quality, many areas are covered by the Special Landscape Area designation and most of the two river estuaries are designated Sites of Special Scientific Interest. Much of the area is flat and low lying and has few suitable buildings on which to site telecommunications equipment. This results in there being few opportunities to install the communication equipment without the need to erect a mast exceeding 15 metres in height. Insensitively sited or poorly designed masts can have a detrimental impact on the visual quality of the area. It is therefore of great importance to consider the design of the mast, its location and any peripheral landscaping required to soften its impact on the countryside.

6.75 A high proportion of the rural area of this District is within the Coastal Zone or Special Landscape Areas. As the use of the mobile phone increases, the pressure to expand the network also increases. This leads to pressure from operators to site masts in relatively remote areas and areas of constraint such as SSSIs or Special Landscape Areas. The Local Planning Authority will seek to keep the number of masts sited in these areas to a minimum and where there is no alternative reduce the visual intrusion as far possible. Land adjacent to designated SSSIs may also be important to migratory avian wildlife that flies in and out of the sites. Development of telecommunication equipment adjacent to designated sites may have an effect on protected species and the Council will consult with English Nature on such proposals.

6.76 The Report of the Independent Expert Group on Mobile Phones (IEGMP) set up by the Government to research the possible health effects of the use of mobile phones has now been considered by the Government. Its response was to agree that base stations should meet the International Commission on Non-Ionizing Radiation Protection (ICNIRP) guidelines for public exposure as expressed in the EU Council Recommendation of the 12th July 1999 on the limitation of exposure of the general public to electromagnetic fields. These guidelines state that clear exclusion zones should be in place round all base stations and parents and schools should be reassured that the base stations near schools operate within the guidelines. All new mobile phone base stations are expected to meet ICNIRP guidelines and providing applications are accompanied by a certificate to that effect, it is the government's view that the planning system has no need to further consider the health implications of any proposal.

Telecommunication Development - Prior Approval Procedure

6.77 Prior approval is required for the following types of telecommunications development:

1. The installation of a mast under 15 metres in height;

2. The construction, installation, alteration or replacement of:

   1. a mast installed on a building or structure subject to various height constraints,
   2. a public call box,
   3. radio equipment housing with a volume in excess of 2.5 cubic metres,
   4. development ancillary to radio equipment housing (e.g. fences, access roads);

3. any Part 24 development (unless carried out in an emergency) on article 1(5) land (Conservation Areas) or on land which is or is within a Site of Special Scientific Interest.

6.78 The construction of masts, albeit under 15 metres in height, and their replacement can have a similar impact on the amenities of the District because of its rural and open character. In order to adopt a consistent approach it is considered necessary to require telecommunication operators to submit applications for prior approval.

6.79 Applicants will be required to demonstrate that all opportunities for sharing of sites and masts have been considered together with the reason for rejection taking account of technical considerations

Satellite Dishes

6.80 The Town and Country Planning (General Permitted Development) Order 1995 permits the installation of a satellite antenna within the curtilage of residential dwellings providing the antenna is below 90 cm in width when measured in any direction. Further restrictions prevent the installation of dishes on chimneys if they are over 45 cm in diameter and the installation of dishes, which are higher than the roof or chimney on which they are installed.

6.81 Permitted development rights are subject to conditions which require:

1. The satellite dish to be installed to minimise its effect on the external appearance of the building,
2. the antenna to be removed when it is no longer needed to receive transmission.

6.82 Where a satellite dish is installed and

1. does not comply condition (a) above, and
2. is considered to be extraordinarily detrimental to the visual amenities of the area,

the District Council will serve a breach of condition notice to remedy the detriment to amenity.

6.83 Within Conservation Areas the legislation requires that planning permission be obtained for the installation of dishes if they are installed on a chimney, on a building over 15m in height or a wall or roof slope which fronts a highway.

6.84 Listed Building Consent is required for the installation of a dish on a listed building. The District Council will ensure that the installation of a satellite dish does not impair either the character or appearance of the building concerned.