Bath & North East Somerset Local Plan  Revised Deposit 2003

Chapter C2: The 'Natural' Environment

INTRODUCTION

C2.1 The District's high quality environment is a key asset, adding to the quality of life of residents, attracting visitors and contributing to the prosperity of the area. The distinctive villages, diverse landscapes, rich biodiversity and historic character reflect centuries of human settlement and agricultural use. However, some of the more recent changes have been harmful to our natural assets with a decline in biodiversity and degradation of the countryside.

C2.2 Sustainable development requires effective protection of the environment and prudent use of natural resources. It recognises the interdependence of economic, social and environmental needs as well as the interdependence of urban and rural areas. It involves improving the quality of life without undermining the quality of natural environment.

C2.3 Ongoing change is inevitable if we are to retain the vitality of the towns and countryside. The Local Plan plays a key role in managing this change in a way that safeguards the District's natural heritage. Other agencies and landowners also have significant roles to play.

C2.4 The Local Plan will be subject to a Sustainable Development Appraisal which will set out how the environment is being taken into account in planning policies. The appraisal does not affect the requirement for Environmental Impact Assessments of particular proposals where required by legislation.

C2.5 Local Plan Policy 1 (Overall Strategy section) provides the overall context for seeking to ensure that new development is more sustainable than in the past. More detailed policies on the conservation of the many elements of the natural environment are set out in this chapter.

Top of page

THE LANDSCAPE

Landscape Character

C2.6 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 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 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. Diagram 10: Landscape character areas in Bath & North East Somerset

C2.9 The landscape setting of Bath is one of the City's most important assets and makes an important contribution to its status as a World Heritage site. It embodies the spring, from which the city first developed, and the river. It includes its hillside setting, the many designed and open spaces that lie within the built-up areas and the countryside, much of which lies within the Cotswolds AONB, which surrounds and penetrates deep within the City. For Bath, Policy NE.1 is supplemented by the landscape strategy, entitled ‘Cherishing Outdoor Places.

C2.10 The character of Keynsham, Norton-Radstock and the villages are enriched and partly defined by the landscapes which surround and in some cases penetrate the built up areas. The Forest of Avon covers a large part of the north of the District. It completely surrounds Keynsham and is shown on Diagram 11. The aim of this initiative is to achieve major environmental improvements around towns and cities, with associated provision for access, leisure and education (See Policy NE.5).

C2.11 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.

Top of page

Areas Of Outstanding Natural Beauty

C2.12 The District includes parts of two areas of Outstanding Natural Beauty (AONB), the Mendip Hills in the south west and the Cotswolds in the east (see Diagram 11).

C2.13 The primary purpose of designation is the conservation of the natural beauty of the landscape. PPG7 advises that regard should also be given to economic and social well-being of these areas. New development will be required to be small-scale in character and well-related to existing settlements. The promotion of recreation is not an objective of designation but PPG7 advises that AONBs should be used to meet the demand for recreation insofar as this is consistent with the conservation of natural beauty and the needs of agriculture, forestry and other uses. In all cases the environmental effects of a proposal will be a major consideration.

C2.14 14 It is inconsistent with the aims of designation to permit major industrial and commercial development in AONBs.  Exceptions will Oonly be made of 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 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).

C2.16 The range of permitted development rights is restricted within AONBs. Agricultural permitted development rights are further restricted in the Swainswick Valley by an Article 4 Direction.

C2.17 Policy NE.2 sets out the requirement to conserve natural beauty within AONBs. Social and economic needs within these areas are dealt with primarily in the Living & Working Section of the Local Plan. Due to the elevated topography within the two AONBs, there is particular pressure for the siting of wind turbines and telecommunications masts. Such proposals will be assessed under Polices NE.2 as well as Policies ES.1 and ES.7. Minerals development in the AONBs will be subject to the most rigorous examination having regard to:

• the need for the development on the basis of national consideration of minerals supply and local need for traditional building and walling stone; and

• the availability of alternative supplies from outside the Area of Outstanding Natural Beauty; and

• the environmental impact of the proposal and the extent to which it would conserve and enhance the Area of Outstanding Natural Beauty.

Top of page

Important Hillsides

C2.18 Within Bath, there are large tracts of open hillsides which are important in giving Bath its green and rural setting. Many are protected by Green Belt designation but Stirtingale Farm, Twerton Farm, The Tumps, Twerton Round Hill, Beechen Cliff, Lyncombe and Mount Beacon are not. These prominent, green hillsides within the built-up area are vital to the City's landscape setting and character. Many of the hillsides are also important for wildlife.

C2.19 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.

C2.20 These areas are shown on the Proposals Map and protected under Policy NE.3.

Top of page

TREES AND WOODLANDS

The District's Tree & Woodland Resource

C2.21 Trees and woodlands provide a significant contribution to the landscape character and local distinctiveness of the district; from the woodlands of the Bath Skyline which provide the setting to this World Heritage Site to the wooded batches in the south of the district which soften the spoil heaps from our mining heritage. They are also important in terms of biodiversity with ancient and secondary woodlands, veteran trees, trees and orchards providing biodiversity.

C2.22 Trees are an important part of our natural life support system: they have a vital role to play in the sustainability of our urban and rural areas. They benefit;

• the local economy – creating potential for employment, encouraging inward investment, bringing in tourism and adding value to property;

• the local environment by reducing the effects of air pollution and storm water run off, reducing energy consumption through moderation of the local climate, and providing a wide range of wildlife habitats;

• the social fabric in terms of recreation and education.

C2.23 Much of the tree cover in the urban areas is in a critical condition and there is little or no replacement planting for over-mature trees in decline. Infill development has often reduced the space available for planting large tree species. In addition, new tree planting takes many years to mature. The management and retention of significant trees is therefore pressing, consideration needs to be given in future development not only to the impact on existing trees but the opportunities for replanting.

C2.24 The District's rural landscape has suffered heavy tree loss due to Dutch Elm disease and past agriculture 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 B&NES Bath & North East Somerset has a duty under the Town and Country Planning Act 1990 to ensure tree and woodland preservation wherever it is appropriate. The Council will continue to protect trees and woodlands through Tree Preservation Orders (TPOs) as appropriate. There is also a level of protection afforded to trees in Conservation Areas (CAs). However there are many trees of value outside these designations and careful consideration should be given to the removal of any tree.

C2.26 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 woodland 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.

 C2.26A 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.

Top of page

Top of page

The Forest Of Avon

C2.27 The Forest of Avon (Community Forest Partnership) is being established around Bristol and its surrounding towns and villages to promote the creation, regeneration, and multi-purpose use of well-wooded landscapes, providing wildlife and amenity benefits and opportunities for economic diversification. It aims to improve the quality of the urban fringe and enable more people to enjoy the countryside close to home and is supported by the Countryside Agency and Forestry Commission.

C2.28 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 The Forest Plan, approved by Government in 1995 (revised 2001), sets out long term objectives and although agriculture will remain the predominant land use, it is envisaged that eventually 30% of the Forest area will eventually be wooded compared with the current 5% of the former Avon Area.

C2.30 Implementation of the Forest Plan will be partly through the development control process. Council projects and grant aid to landowners from the Forestry Commission Authority, Countryside Agency and others will also assist implementation but participation is entirely voluntary.

C2.31 Whilst designation of the Forest has no statutory implications, the Forest of Avon Plan is a material consideration in deciding a planning application in the Forest Area. Any development proposals must be in accordance with Green Belt and other policies in the Local Plan.

C2.32 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).

Top of page

MAINTAINING BIODIVERSITY

The District's Biodiversity

C2.33 The natural environment can only support human life, health and well-being if its resources are healthy and in good order. The quality of our environment is therefore dependant on the quality of natural features present and the diversity of wild plants, animals, and habitats (the biodiversity) that they support - see Quick Guide 14.

C2.34 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.

Top of page

C2.35 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.

C2.36 The UK is signed up to the Biodiversity Convention and has prepared a Biodiversity Action Plan to help conserve priority species and habitats. Local Biodiversity Action Plans are encouraged to help achieve the conservation of local priorities. "Wild things" the B&NES Bath & North East Somerset area Local Biodiversity Action Plan was launched in 2000.

C2.37 The Local Plan seeks the conservation of and increase in the abundance and diversity of the District's wildlife and habitats and to minimise adverse effects where conflicts of interest are unavoidable. It therefore contains a range of policies to meet this aim relating to protection of habitats, species and general wildlife interests

Top of page

Internationally Important Sites

C2.38 A number of sites in the District are recognised for their internationally important wildlife and/or habitat.

C2.39 Chew Valley Lake is recognised as a Special Protection Area (SPA) for its international importance for migrating birds. English Nature has identified a 'buffer' area around the Lake within which planning applications will be particularly closely scrutinised.

C2.40 Combe Down and Bathampton Mines form part of the ‘ Bath & - on-Avon Bats’ candidate Special Area of Conservation (cSAC).  Compton Martin Ochre Mine is a component site of the 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.

C2.40A 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 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.

Top of page

Nationally Important Sites

C2.42 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

Top of page

Locally Important Sites

C2.43 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 in extent, are diverse and include unimproved grasslands, broad-leaved woodlands, streams, rivers, lakes and ponds. JRSP Policy 18 requires the Local Plan to identify areas where the fragmentation of natural habitats should be halted and reversed. Much of the semi-natural habitat is identified in the Local Plan as Sites of Nature Conservation Importance (SNCIs).

Top of page

C2.44 Also included as SNCIs are Regionally Important Geological Sites (RIGS). In addition to biological importance, local community value may contribute to the designation of a site. The criteria for site selection are summarised in Quick Guide 15. SNCIs, as currently identified, are shown on the Proposals Map but other sites which meet the criteria may come forward during the Plan period.

C2.45 There are currently 3 Local Nature Reserves within the District at Twerton Roundhill and Kensington Meadows in Bath and Camerton Old Batch.

Nationally Protected Species & Habitats

C2.46 Certain species of wild plants and animals have national statutory protection and some are also internationally protected. The District has important populations of some of these species such as bats, barn owls, badgers and Great Crested Newts. The deliberate killing, injury, or taking of protected species or the damage, destruction or obstruction of places used by such species for shelter is an offence and local authorities have powers to take action against anyone committing such an offence under the Wildlife & Countryside Act.

C2.47 English Nature can provide advice on how best to treat protected species. Often they can be accommodated within carefully designed developments.

Top of page

Locally Important Species & their Habitats

C2.48 There are also species of plants and animals which are of particular importance within the District such as Bath Asparagus and Field Eryngo. They are important because they comprise significant local populations of nationally rare species or they are species unique or typical of the area.

Top of page

NATURAL FEATURES

C2.49 Many features of the landscape such as trees, copses, woodlands, ponds, hedgerows, stone walls, orchards and watercourses are valuable for a range of reasons such as their wildlife, amenity, historic, recreational or visual benefit. Such heritage is not confined to protected areas or designated sites and are of importance throughout the countryside and within urban areas.

C2.50 Linear features often act as routes for wildlife migration, dispersal and genetic exchange and other features which are not continuous may act as stepping stones along such routes.

C2.51 Hedgerows make a fundamental contribution to the character of the countryside, are an important wildlife habitat and are often of historical interest. The removal of these features therefore can have seriously harmful impact on landscape character and on wildlife. Under the Hedgerow Regulations 1997, there are controls over the removal of certain hedgerows away from urban areas.

C2.52 Local Plan Policy 1 sets out the overall requirements for considering environmental interests in new development and Policy NE.12 takes this further. The careful siting and treatment of development can protect wildlife habitats and physical features. Furthermore, development often offers positive opportunities for enhancing the value of such features which may enhance the quality of the development itself. Such features should be considered at an early stage in the development process with a view to the creation of new habitats or the enhancement of existing ones.

C2.53 Where the value of these features would be unavoidably and adversely affected by new development, compensatory provision will be required. However, environmental gains cannot justify a development that is fundamentally unsound.

C2.54 Conditions and planning obligations will be used where necessary to protect natural features to secure their long term management or compensate for loss when development takes place. The Habitats Directive 1994 in particular requires the management of features of the landscape which are of major importance for wild flora and fauna.

Top of page

THE WATER ENVIRONMENT

Water Source Protection Areas

C2.55 JRSP Policy 23 states that provision will only be made for development where it can be demonstrated that it will not cause a deterioration in the quality or quantity of underground or surface water. Groundwater Source Protection Areas have been defined by the Environment Agency in order to prevent contamination of groundwater. These areas feed springs and watercourses from where water is collected for public supply and agriculture. The polluting of these catchment areas could pose a serious risk to public health.

C2.56   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, are strictly controlled.

C2.56A        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.

Top of page

Bath Hot Springs  

C2.56B        Since Roman times with the development of ‘Aquae Sulis’ as a retreat for health therapy, worship and relaxation, Bath ’s Hot Springs have been the centre of social, economic and cultural developments in .  Settlement grew up around this resource which has culminated in the modern City of .  The Springs now attract many visitors annually.  The thermal waters will once again be used for bathing with the opening of the Spa in a complex that will combine historic buildings with a new state-of-the-art leisure spa.

 C2.56C        There are three Hot Springs in the centre of Bath : the Kings Springs within the Roman Bath complex, the Cross Bath Spring, and the Hetling Spring in Hot Bath Street .  Together they produce around 1.3 million litres of mineral-rich thermal water per day with a temperature of between 41 and 460C.  These thermal waters arise from the Carboniferous Limestone via fissures in the overlying layers (a layer of alluvium, successive layers of Lias Clay and limestone and Triassic Mercia mudstone) and appear as springs on the surface. 

 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 .

Flooding

C2.57 The District is drained primarily by the River Avon and its tributaries the River Chew and the Cam and Wellow Brooks. These watercourses have floodplains which are subject to flood risk. The river valleys are a significant component of the District's landscape character, providing an important resource for nature conservation and recreation and have rich historical and cultural associations.

C2.58 New development, redevelopment and land raising can have significant implications for flood risk. Within river floodplains, new development or redevelopment of existing sites may be liable to flooding or may increase the risk of flooding elsewhere by reducing the storage capacity of the floodplain and impeding flood flows. Likewise, consideration must be given to the whole river catchment as development outside the floodplain can also increase flood risk or be subject to localised flooding.

C2.58A 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.

C2.59 In light of the inherent danger associated with flooding and the uncertainty exacerbated by climate change, a precautionary approach is required in relation to development and flood hazard. Development will not normally be allowed in floodplains or other locations which may give rise to flooding.

C2.60 Development will only be permitted in a floodplain if appropriate mitigation and/or protection measures to overcome flood risk are provided. Where such measures are proposed they should be accessible so they can be effectively maintained. There may also be opportunities to restore or enhance the natural floodplain where redevelopment takes place.

Top of page

Top of page

River Corridors

C2.61 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.

C2.62 Recreation and leisure use of the River Avon and the Kennet and Avon Canal has to be consistent with the protection of water environment. Policies SR.10 and SR.11 guides the scale and location of such development. Public access to the River and Canal should be protected and, where possible, improved provided it does not conflict with the need to protect the watercourse character as set out Policy NE.15.

C2.63 Applications for development in the vicinity of the affecting a waterways 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.

Top of page

AGRICULTURAL LAND

C2.64 Agricultural land is one of the District's most important resources. The Department for the Environment, Food and Rural Affairs (DEFRA) classifies agricultural land on a scale of 1 to 5. (See Diagram 13). Grades 1, 2, and 3a are defined as the best and most versatile agricultural land. Government policy, as set out in PPG7 advises that its development should not be permitted unless opportunities have been assessed for accommodating development on previously-developed sites and on land in urban areas. Where development of agricultural land is unavoidable use of areas of poorer quality will be sought in preference to that of higher quality except where other sustainability considerations suggest otherwise.

C2.65 These might include, for example, its importance for biodiversity; the quality and character of the landscape; its amenity value or heritage interest; accessibility to infrastructure; workforce and markets; the protection of natural resources, including soil quality; or where agricultural practices contribute to the quality of the environment or local economy. Some of these qualities may be recognised by a statutory wildlife, landscape, historic or archaeological designation.

Top of page

Note:  Integrity is the coherent of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and or the levels of population of the species for which it was classified (PPG9).

Top of page