Local Plan - List of Revisions

C2.6

C2.6/A

5001/B142

Landscape contributes significantly to the identity of an area, forming the setting for day to day life, in village, town, city and countryside. It is a resource for recreation, a reservoir of historical evidence and an environment for plants and animals. National guidance and the JRSP strongly promote the recognition of the distinctiveness of local landscape character as reflected in the local topography, pattern of tree cover, field size, nature of boundaries, form of settlement and building design and materials

C2.7

C2.7/A

5001/B143

With its complicated geology and topography, Bath & North East Somerset has a particularly diverse range of landscapes. The District's rural landscapes are described in the District's Countryside Landscape Character Assessment and are shown in Diagram 10 ‘Rural Landscapes of Bath & North East Somerset: A Landscape Character Assessment’ published in April 2003. The Assessment will provide the basis for, which forms Supplementary Planning Guidance (SPG) to Policy NE.1.

C2.8

C2.8/A

5001/B144

Through the Local Plan, The Council seeks conservation and enhancement of countryside landscape character whilst sustaining economic and social vitality to provide for balanced communities. The Council seeks to limit development of greenfield sites and directs limited development to rural settlements, concentrating on those which already act as a focus for provision of local services. This embodies national guidance that the countryside is an asset in its own right and building in the open countryside, away from existing settlement, should be strictly controlled.

C2.11

C2.11/A

The aim of Policy NE.1 is to retain and where appropriate, enhance local landscape character in both urban and rural areas. Development will need to meet high standards of urban design, be sensitively related to existing settlements and conserve historic, wildlife and landscape resources.

Diagram 10

DIAG10/B

686/B97

- Amend Key to include LCA 9.

PM District wide

NE.1/A

3204/B2, 745/B24, 3230/B2, 3274/B1, 3233/B19, 3236/B1, 462/B24, 581/B8 3218/B3, 3278/B1, 3099/B29, 3300/B4

Delete Landscape Character Area Zones from the Proposals Map & Notation Sheet.

C2.14

C2.14/A

581/B6, 3126/B11

It is inconsistent with the aims of designation to permit major industrial and commercial development in AONBs. Exceptions will Oonly be made if there is proven national interest and a lack of there are no alternative sites could justify and exception outside the AONB, or the need for development cannot be met in another way. Similarly, new roads should, wherever possible, be kept away from AONBs. Proposals for mineral workings are dealt with in Section C.4 on Minerals. The Countryside & Rights of Way Act 2000 confirmed that AONBs share the highest status of protection in relation to landscape and scenic beauty. As major development can have a serious impact on natural beauty, applications for such proposals will be subject to rigorous examination as set out in PPG7, para 4.5.

C2.15

C2.15/A

Editorial change

C2.15 The Partnership Committees for each of the two AONBs have produced Management Plans which address a range of issues including landscape, nature conservation, access, heritage, visitor management, transport and community safety. As an active supporter of both partnerships, B&NES Bath & North East Somerset has endorsed these Management Plans as a framework for action in the AONBs. The Countryside Rights of Way Act 2000 has placed a new duty on local authorities to prepare statutory management plans for AONBs within their areas. These plans will ‘formulate the policies of the local authority for the management of the AONBs and the carrying out of their functions in relation to it’. Supplementary Planning Guidance has been adopted for considering proposals for new agricultural buildings in the Mendip Hills (policy ET.6).

Policy NE.2

NE.2/B

581/B6

iii there is no detrimental effect on the character of the landscape.

PM Inset 31

NE.2/C

5001/B59

Correct error in AONB notation north west of playing field at Lansdown, Bath.

C2.19

C2.19/A

2649/B2

Similarly Radstock's location at the convergence of five valleys contributes to its unique character. It is surrounded and penetrated by prominent hillsides, including those around Midsomer Norton, which make a fundamental contribution to the town's character and adjoining areas.

PM Inset 19

NE.3/A

382/B13

Add Important Hillside to land west of Magdalene Road, Radstock.

PM Inset 19

NE.3/B

3081/B2

Delete Important Hillside from land at Rosemount, Radstock.

PM Inset 19b

NE.3/C

5001/B60

Add Important Hillside to land west/north west of Meadow View.

PM Inset 31

NE.3/D

153/B7

Delete land at 173-177 Bloomfield Road, Bath from Important Hillside designation.

C2.24

C2.24/A

1427/B115

The District’s rural landscape has suffered heavy tree loss due to Dutch Elm disease and past agricultural practices. A second wave of Dutch Elm disease is affecting rejuvenated Elms. Alder root disease is also a growing problem in the District, affecting the landscape of the river corridors and the structural integrity of the river banks where trees are lost from the disease.

C2.25

C2.25/A

New Quick Guide 13A

QG13A/A

742/B13, 564/B21

In view of the contribution that trees can make to the character and appearance of a Conservation Area, the principal Act makes special provision for trees in Conservation Areas which are not the subject of Tree Preservation Orders. Under Section 211, subject to a few exceptions (including trees that are dead, dying or dangerous), anyone proposing to cut down, top or lop a tree in a Conservation Area is required to give six weeks notice to the Local Planning Authority. The purpose of this requirement is to give the Authority an opportunity to consider bringing the tree under their general control by making a Tree Preservation Order in respect of it. Penalties for contravention, which may include a requirement to replant, are similar to those for Tree Preservation Orders. For guidance on these matters, see Department of Transport, Local Government and the Region’s leaflet ‘Protected Trees, A Guide To Tree Preservation Orders’ (item 20).

C2.26

C2.26/B

574/B13, 1568/B3

The District’s woodland cover is less than half of the national average. In line with the Government’s England Forestry Strategy, B&NES Bath & North East Somerset seeks a significant increase in woodland cover and supports the extension of existing woodlands and the creation of new woodlands. This may be through appropriate planting in new development, farm diversification or leisure provision. With new planting schemes, good design is needed to ensure the appropriate species and layouts are used to allow trees to grow to maturity. Ancient woodlands are generally important for wildlife and the Council has sought to protect this interest under Policy NE.9.

New para C2.26A

C2.26A/A

3298/B29

Some mature trees are of great antiquity and make a particular contribution to landscape character, local distinctiveness, biodiversity and they are often valued cultural features with historical associations. Veteran trees are in the ancient stage of their life, although different species of trees tend to live for varying numbers of years; 100 years of age would be old for a birch or a willow tree. At 200 years a beech tree is middle aged, an oak would just be maturing and a yew tree a mere youngster. Veteran trees can be found anywhere; along old hedgerows, road junctions, river corridors and in parkland.

Policy NE.4

NE.4/C

120/B89

C2.28

C2.28/A

The Forest area in B&NES Bath & North East Somerset is depicted on Diagram 11 and its boundaries are shown on the Proposals Map. Substantial planting has already taken place in the Keynsham area and further planting is programmed.

C2.29

C2.29/A

574/B14

The Forest Plan, approved by Government in 1995 (revised 2001), sets out long term objectives and although agriculture will remain the predominant land use, t is envisaged that eventually 30% of the Forest area will be eventually be wooded compared with the current 5% of the former Avon Area.

C2.30

C2.30/A

574/B14

Implementation of the Forest Plan will be partly through the development control process. Council projects and grant aid to landowners from the Forestry Authority Commission, Countryside Agency and others will also assist in implementation but participation is entirely voluntary.

C2.32

C2.32/A

Change arising from deletion of site GDS.1/K2

Policy NE.5 sets out the Local Plan's approach for developments in the forest area. The Council is also proposing a mixed-use development scheme at South Keynsham. This scheme will be required to reflect the Forest of Avon objectives (see also Policy GDS1).

C2.34

C2.34/A

1427/B116

Our use of land and natural resources has always affected wildlife and their habitats. The last century saw a huge increase in the speed and scale of human impacts upon the natural environment and as a result there has been a decrease of natural habitats and loss of native species. Current information (English Nature surveys) indicates that only 6% of the District is now covered with semi-natural habitat.

C2.35

C2.35/A

1427/B125

The past loss of wildlife habitats and decline in the range of species is largely due to past patterns of development and agricultural intensification. The invasion of non-native species can also pose a threat to biodiversity in the District. The Local Plan plays a key role in maintaining and enhancing biodiversity through guiding how and where development occurs. However, the Local Plan is only one of a range of measures needed to secure effective conservation of the resource and ensure management of change benefits nature conservation.

Quick Guide 14

QG14/D

Editorial change

B&NES Bath & North East Somerset Biodiversity Action Plan 2000

C2.40

C2.40/C

Editorial change

Combe Down and Bathampton Mines form part of the ‘Bath and Bradford-on-Avon Bats’ candidate Special Area of Conservation (cSAC). Compton Martin Ochre Mine is a component site of the North Somerset and Mendip Bat cSAC. SACs are selected to be part of a coherent European-wide network of natural habitat types (termed Natura 2000). These bats are protected under UK law and European Directive. The mine complex south of Bath is known to be important as a hibernation site for Lesser Horseshoe bats and Bechstein bats and as both a hibernation and maternity site for Greater Horseshoe bats. The B&NES Bath & North East Somerset area therefore forms part of the national stronghold for these two three important species.

New para C2.40A

C2.40A/A

3251/B3, 685/B28

The bats' feeding grounds extend roughly 4 km from the roosting and maternity sites. The Local Plan seeks to protect the Bats' interests by defining the Bat Protection Zones through Policy NE.7. Whilst the bat zones therefore cover large areas, the Policy seeks only to prevent development in those areas which would harm structures, feeding grounds or features used by the Bats. The Policy is therefore not overly negative in that it doesn't seek to constrain development per se but seeks to safeguard the interests of these rare and important bats.

C2.41

C2.41/A

3107/B4

All these sites are also Sites of Special Scientific Interest (SSSIs) under UK legislation. The legislative controls over development affecting these sites, primarily set out in the Conservation (Natural Habitats) Regulations 1994, is are reflected in Policy NE.6. Permitted Development Rights affecting these sites are also curtailed.

Policy NE.6

NE.6/A

PM Inset 2

NE.6/B

3107/B1, 5001/B67

Change ‘SI’ annotation to ‘cSAC’ annotation at Compton Martin Ochre Mine, add ‘SI’ annotation to remainder of SNCI and delete RIG annotation.

PM Inset 31

NE.6/C

3298/B28, 3298/B31

Ensure all SNCIs are annotated ‘SN’.

PM Inset 31

NE.6/D

5001/B68

Add ‘SI’ annotation to SSSIs at Newbridge.

Policy NE.7

NE.7/A

1871/B2, 2648/B2, 3299/B30, 3251/B3, 3298/B30

Development within the Bat Protection Zones, as defined on the Proposals Map, that would adversely affect structures, feeding grounds or landscape features used by Horseshoe Bats, will not be permitted unless compensatory provision of at least equal value is made.

PM East

NE.7/B

5001/B72, 5001/B125

Amend Bat Protection Zone in Hinton Charterhouse and St. Catherine areas.

PM Central

NE.7/C

5001/B72, 5001/B125

Amend Bat Protection Zone east of Tunley and Priston.

PM West

NE.7/D

5001/B72, 5001/B125

Add Compton Martin Bat Protection Zone.

PM Insets 1, 2, 3, 4, 31b, 31c, 31d, 31e, 31f, 31g, 32, 33, 34, 35

NE.7/E

5001/B72

Add following text to Insets: ‘Entire site lies within Bat Protection Zone (Policy NE.7)’.

PM Insets 5, 8, 9

NE.7/F

5001/B72, 5001/B125

Add Bat Protection Zone.

PM Inset 31

NE.7/G

5001/B172, 5001/B125

Amend Bat Protection Zone within and north of Bath.

C2.42

C2.42/A

3007/B5

Sites of Special Scientific Interest (SSSIs) are designated by English Nature and are of national importance for their flora, fauna or geological interest. They exemplify rare and irreplaceable habitats. Within the District, there are currently 24 SSSIs as shown on the Proposals Map. The nature conservation interest of SSSIs can be harmed not only as a result of development taking place within the site itself, but also by development some distance away. Policy NE.8 seeks to protect these sites SSSIs from any development which harms their nature conservation interest and English Nature has powers to control potentially damaging operations outside the planning system. Permitted Development Rights affecting these sites are also curtailed.

Policy NE.8

NE.8/A

3126/B13

PM District wide

NE.8/B

3298/B28, 3298/B31

Ensure all SSSIs are annotated ‘SI’.

C2.43

C2.43/A

Editorial change

PPG9 on nature conservation stresses the importance of protecting locally as well as nationally designated sites of nature conservation importance. Semi-natural habitats in B&NES the District, whilst being limited…….

Quick Guide 15

QG15/A

3298/B4

Source :BRERC Natural Assets in Avon 1995

Policy NE.9

NE.9/A

455/B12, 3107/B11, 3126/B14 & Council initiated change to improve clarity

District wide

NE.9/B

Ensure all SPAs are annotated ‘SPA’ and SACs, annotated ‘SAC’ (or cSACs for candidate sites).

PM Inset 6

NE.9/C

2448/B8

Add ‘SI’ annotation to Winford Brook, west of Chew Magna.

PM Inset 19, 19b

NE.9/D

3081/B3

Delete SNCI at Rosemount, Radstock.

PM Inset 23

NE.9/E

502/B18

Change Old Pit Batch SNCI annotation from ‘RIG’ to ‘SN’.

Policy

NE.9/F

153/B6

Delete land at 177 Bloomfield Road, Bath from ‘SNCI’.

NE.9

NE.9/G

2915/B3

Delete ‘SNCI’ at Bathford Paper Mill car park.

PM Inset

NE.9/H

2965/B5

Delete ‘SNCI’ notation from New Bridge at Newbridge.

31

NE.9/I

2965/B5

Delete ‘SNCI’ notation from Midland Bridge, Bath.

NE.9/J

2965/B5

Delete ‘SNCI’ notation from Windsor bridge, Bath

NE.9/K

2965/B5

Delete ‘SNCI’ notation from Cleveland Bridge, Bath.

NE.9/L

2965/B5

Ensure River Avon SNCI is annotated as ‘SN’

NE.9/M

5001/B162

Add previously omitted ‘SNCI’ at Bathampton Down.

NE.9/N

5001/B56

Add ‘SN’ annotation to ‘SNCI’ west of Sydney Buildings, Bath.

NE.9/O

5001/B57

Add ‘SN’ annotation to ‘SNCI’ at Lymore Recreation Ground, Bath.

NE.9/P

5001/B78

Add ‘SN’ annotation to ‘SNCI’ at Recreation Ground adjacent to Bramble Way/Firs Field, North Road, Bath.

NE.9/Q

3305/B4

Delete ‘SNCI’ notation at Old Fosse Road, Bath.

NE.9/R

447/B38

Annotate land at Wellsway as ‘SNCI’ and not as a ‘RIG’.

NE.9/S

580/B8

Add ‘SN’ annotation along the Wansdyke ‘SNCI’, Odd Down.

Policy

NE.9/T

2965/B5

Delete ‘SNCI’ notation from Churchill Bridge, Bath.

PM Inset 31a

NE.9/U

2965/B5

Delete ‘SNCI’ notation from A46 and railway bridge, Batheaston.

PM Inset 31c

NE.9/V

580/B9

Reduce the width of the ‘SNCI’ designation on the Wansdyke at Odd Down along its southern edge.

Title to C2.48

C2.48/A

683/B12

Locally Important Species and their Habitats

New Quick Guide 15A

QG15A/A

745/B21, 3298/B35

Policy NE.11

NE.11/B

3126/B9

Development which would adversely affect a species of importance to B&NES Bath & North East Somerset or the habitat of such species, directly or indirectly, will not be permitted unless the importance of the development and its need for that particular location is sufficient to override the local value of the species, or compensatory provision of at least equivalent value is made.

Policy NE.12

NE.12/D

3107/B13

Where the loss of such features is unavoidable because the reasons for the development outweigh the need to retain the features, compensatory provision of at least equal value will be required.

C2.56

C2.56/A

1427/B127, 120/B82, 2695/B3

Within the District, there are the Environment Agency has identified a number of groundwater source protection areas and these are shown on the Proposals Map. These are concentrated in the Chew Valley and the northern edge of the Mendip Hills and in areas north and south of Bath. In order to protect public water supplies and Development proposals in these areas need to be strictly controlled to prevent pollution which is extremely difficult, if not impossible, to clean up, it is important that development proposals affecting identified groundwater catchment areas and any others within the District, need to be strictly controlled.

New para C2.56A

C2.56A/A

Consideration should be given to any possible impact on groundwater recharge, flows and levels. If it is anticipated that works may penetrate the natural winter water table then the impact of such works will need to be assessed and discussed with the Environment Agency. If detrimental consequences of the water environment are likely, agreed mitigation measure will be necessary.

Policy NE.13

NE.13/A

2695/B3

Development within the groundwater source protection areas shown on the Proposals Map, or any other groundwater catchment area, will not be permitted where it has an adverse impact on the quality of groundwater resource in terms of pollution and derogation of the resource.

Insets 1, 2, 3, 4, 8

NE.13/B

5001/b73

Add following text to Insets: ‘Entire site lies within Water Source Protection Area (Policy NE.13)’.

New heading & paras C2.56B to C2.56D

C2.56D/A

5019/B7 (all changes)

C2.56D The Council is responsible for the protection of the Hot Springs in Bath. This duty was entrusted to the Civic Authority in the Charter of Incorporation of the City of Bath 1590 by Elizabeth I who decreed that the thermal waters should be available for public use in perpetuity. The Springs are protected by Section 33 of the County of Avon Act 1982 which specifies three control zones within which the depths of excavations is controlled. Policy NE.13A, however, seeks to ensure that both the quality and quantity of the groundwater source is protected from development that is likely to have an adverse effect on this resource within the Protection area as defined on the Proposals Map. This boundary corresponds with the outer control zone as defined under the Avon Act. The Environment Agency will also be consulted on applications which are likely to have an impact on the Hot Springs.

New Policy NE.13A

NE.13A/A

5019/B7

Development within the Bath Hot Springs Protection Area, as shown on the Proposals Map, that has an adverse impact on the quality or yield of the Bath Hot Springs, will not be permitted.

PM Inset 31

NE.13A/B

5019/B7

Add Bath Hot Springs Protection designation.

PM Inset 31a, 31f

NE.13A/C

5019/B7

Add following text to Insets 31a & 31f: ‘Entire Inset lies within the Bath Hot Springs Protection Area (Policy NE.13A)’.

Notation Sheet

NE.13A/D

5019/B7

Add new notation for Bath Hot Springs Protection Area.

New para C2.58A

NE.13A/E

1427/B123

PPG25 (Development & Flood Risk) sets out a sequential test in the allocation of land for development and the consideration of development proposals. Table 1 of the PPG defines fluvial Flood Risk zones and advises on the nature of development appropriate in each zone.

Policy NE.14

NE.14/B

2368/B3

PM Central

NE.14/C

685/B37

Amend Avon Valley floodplain to show updated information and correct errors.

PM Inset 19

NE.14/D

5001/B58

Add floodplain notation at River Somer west of Wheelers Road.

PM Inset 31

NE.14/E

685/B31, 5018/B1

Amend floodplain notation to show updated information and to correct errors in the Newbridge area, western Bath, eastern Bath and the Batheaston area.

PM Inset 31a

NE.14/F

685/B31, 5018/B1

Amend floodplain notation to show updated information and to correct errors.

PM Inset 31f

NE.14/G

685/B31, 5014/B1

Amend floodplain in southern part of Batheaston village.

PM Notation Sheet

NE.14/H

685/B31

Delete Protected Floodplain Notation.

Diagram 12

DIAG12/A

685/B31

Show updated floodplain boundaries in the Bath area.

C2.61

C2.61/B

1427/B124

As described in para C2.49, the Districts’ District’s rivers, canals and other watercourses make an important contribution to the character of the countryside and urban areas and are often of great wildlife importance and interest, including increasingly rare water-dependent habitats. They are also often associated with an increasing assemblage of historical and cultural features.

C2.63

C2.63/A

3298/B25

Applications for development in the vicinity of the affecting a waterway will be assessed to ensure that the proposed use of land or buildings is appropriate and whether opportunities for enhancing the amenities of the waterways have been fully recognised. This includes, for example, improvements to the tree cover which contribute to the overall landscape, extensions to riverside footpaths, or the enhancement of wildlife habitat.

Policy NE.15

NE.15/A

685/B32

Development will only be permitted where it conserves or enhances the character, amenity or wildlife value of watercourses and their corridors.

Policy NE.16

NE.16/A

721/B36

Where there is a choice of sites on land in Grades 3b-5, development should be directed towards land of the least grade, except where sustainability considerations suggest otherwise.

1 Thrubwell Farm Plateau

10 Hicks Gate

2 Chew Valley

11 Bickley Wood Gorge

3 Upper Chew and Yeo Valleys

12 Cam and Wellow Brook Valleys

4 Mendip Slopes

13 Paulton and Peasedown St. John Ridge

5 Dundry Plateau

14 Avon Valley

6 Hinton Blewett and Newton St. Loe Plateau Lands

7 Hollow Marsh

16 Cotswolds Plateaux and Valleys

8 Farrington Gurney Farmlands

17 Hinton Charterhouse and Baggeridge Plateau

9 Stockwood Vale