• to safeguard good quality agricultural land;
   
• to conserve and enhance the quality and character of the District’s countryside, especially areas identified as having particular landscape or nature conservation value;
   
• to encourage the provision of additional features which contribute towards increasing our stock of natural assets, such as tree planting and the creation of woodland, wetland and other wildlife habitats;
   
• to conserve and enhance those places and environmental features which contribute to the character of our settlements;
   
• to improve areas of poor environmental, amenity or visual quality in both our settlements and countryside; and
   
• to protect and enhance our water environment (including the coast, rivers and other watercourses, wetlands, ponds and ground-water), for their own sake, and for their contribution to nature conservation, the landscape and our water supply.

i) the need for the development, in terms of national considerations and the impact of permitting it or refusing it on the local economy;

ii) the cost and scope for developing else where outside the area or meeting the need for it in some other way; and

iii) any detrimental effect on the environment and landscape and the extent to which that should be moderated.

(PPG7, paragraph 4.8 as amended by the Ministerial Statement on the planning status of AONBs in June 2000, subsequently restated in paragraph 22 of PPS7, July 2004). This is clearly an important guiding principle but neither national guidance nor this Local Plan Policy adopt a standpoint of resisting all forms of development. In particular, we must recognise that the AONBs are not totally undeveloped landscapes and in some circumstances further development may be justified. For example, to meet the needs of an established farming or forestry operation and other rural businesses, local needs housing and conversion of existing buildings.

POLICY CNE1
The primary objective of AONB designation is conservation of the natural beauty of the landscape. Development proposed within the Mendip Hills AONB or the Quantock Hills AONB will not be permitted if it would harm the natural beauty, or the exceptional character or quality of the landscape in these areas.

Figure 8.1 as a PDF file (233kb)

POLICY CNE2
Development which adversely affects local landscape character or scenic quality will not be permitted. In particular:

a) siting and landscaping should take account of visibility from publicly accessible vantage points; and

b) the form, bulk and design of buildings should have proper regard to their context in respect of both the immediate setting and the defining characteristics of the wider local area.

In determining planning applications the important characteristics of landscape character areas described in the Sedgemoor Landscape Assessment and Countryside Design Summary and/or AONB Landscape Assessments will be a material consideration.

POLICY CNE17
Development which would adversely affect distinctive features of the local landscape (as identified in the AONB Landscape Assessments, Sedgemoor Landscape Assessment and Countryside Design Summary or Village Design Statements) will not be permitted.

Development proposals in the countryside, rural settlements and urban fringes should retain, replace, repair or otherwise add to the stock of features which create local distinctiveness.

POLICY CNE3
In the countryside (outside settlement development boundaries), the re-use and adaptation of rural buildings will be permitted, provided that:

a) the building, of permanent and substantial construction, can be converted without significant rebuilding or extension;

b) its form, bulk and general design are in keeping with its surroundings; and

c) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality of settlements.

Conversions for small-scale industrial, commercial, tourism or recreation uses:

i) should not create environmental nuisances or pollution;

ii) should meet relevant parking standards, without harming the character or appearance of the countryside; and

iii) should contain all industrial and commercial activities and storage wholly or predominantly within building(s).

Conversions to residential use may be permitted where re-use for business purposes is not practicable or feasible and where the creation of a residential curtilage would not harm the countryside.

In all cases, the building should be of a suitable size and character for the intended use, and new building works should respect

that character. In addition, the site should have safe and adequate access, and all proposals should include measures to protect significant nature conservation interests. In determining proposals to convert an agricultural building, account will be taken of the period and extent that the building has been used for its original purpose.

• it is most the accessible countryside for local people, providing opportunities for walking, nature watching and other activities which can be enjoyed without having to travel by car;
   
• it may have special significance as the setting for the settlement; and
   
• it may contain hedgerows, trees and woodland which are important in helping to absorb the settlement into its surrounding landscape; conversely the absence of such features can be a major deficiency.

• a pattern of urban development which retains links with surrounding countryside, thereby has a positive, visible landscape context and enables townspeople to enjoy reasonable countryside access;
   
• approach routes and perceptions of a settlement;
   
• preventing the coalescence of adjacent settlements, a function which in some instances may be better achieved if accompanied by appropriate land management measures, such as the creation of wetland habitats or the planting of trees rather than merely retaining an undeveloped gap;
   
• the need to protect and enhance significant views; and
   
• providing natural corridors and habitats for wildlife.

POLICY CNE4
Areas of land which have particular importance as Green Wedge, Green Edge or Strategic Gap are defined on the Proposals Map. Whatever their individual character and function, these are predominantly open areas, mostly outside development boundaries, which retain a largely rural character and appearance. Positive land management which benefits the landscape, countryside access, amenity, nature conservation or urban area containment / enhancement functions of these areas will be encouraged and developments which would have a detrimental effect on these functions will not be permitted.

PROPOSAL CNE18
A Country Park will be created on land at Stockmoor, South Bridgwater (Link to Map 1 Central).

a) where the DEFRA semi-detailed survey is available the notation covers all land in Grade 1, 2 and 3a; and

b) elsewhere the notation on the Proposals Map covers only Grades 1 and 2.

POLICY CNE5
The best and most versatile agricultural land (Grades 1, 2 and 3a) will be protected from development. Planning permission for development affecting such land will only be granted if there is an overriding need for the development and either:

a) sufficient suitably located land of a lower grade (Grades 3b, 4 and 5) is unavailable; or

b) available lower grade land has a wildlife, landscape, amenity, historic, archaeological or other environmental value which outweighs the agricultural considerations.

If best and most versatile land needs to be developed and there is a choice between sites in different grades, land of the lowest grade available should be used, unless other sustainability considerations suggest otherwise.

POLICY CNE6
Proposals for new agricultural and equestrian buildings in the countryside will be permitted where all of the following criteria are met:

a) The scale, materials, design and construction of the proposed building are appropriate to its intended function;

b) its siting and design are such as to minimise its effect on the appearance of the countryside and to avoid any harmful effects upon the occupiers of nearby buildings and land;

c) the building will not adversely affect any feature of significant environmental, archaeological or nature conservation interest; and

d) any new access to the highway is safe and respects local countryside character by sensitive design of any new gateways and boundaries.

a) internationally important sites;

b) nationally important sites;

c) other sites; and

d) protected species.

• “Ramsar Sites” listed by the Secretary of State under the Ramsar Convention on Wetlands of International Importance, for their wetland wildlife and particularly as water fowl habitats;
   
• “Special Protection Areas” (SPAs) classified under the EC Directive on the conservation of wild birds (the “Birds Directive”), as the most suitable areas of habitat of threatened bird species which should be conserved in order to ensure their survival and reproduction; and
   
• “Special Areas of Conservation” (SACs) designated under the EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (‘the Habitats Directive”) are selected for their importance as natural habitat types and as habitats of threatened animal and plant species.

Figure 8.2 as a PDF file (166kb)

a) there are no alternative solutions; and

b) the proposed development has to be carried out for imperative reasons of overriding public interest.

POLICY CNE7
Development which is likely to have a significant adverse effect on the conservation objectives or the integrity of a site of international importance (i. e. Ramsar sites, potential and classified Special Protection Areas, or candidate and designated Special Areas of Conservation) will not be permitted.

Figure 8.3 as a PDF file (196Kb)

• National Nature Reserve (NNR);
   
• Nature Conservation Review (NCR) site; or
   
• Geological Conservation Review (GCR) site.

POLICY CNE8
Development which would have a detrimental effect on a Site of Special Scientific Interest or National Nature Reserve will only be permitted if:

a) it can be subject of conditions that will prevent damaging impacts on wildlife habitats or important physical features; or

b) other material factors are sufficient to override nature conservation considerations.

• “identify relevant international, national and local nature conservation interest”; and
   
• “be concerned not only with designated areas but also with other areas of conservation value and possible provision of new habitats”

a) “Local Nature Reserves” (LNRs) designated by Local Authorities under Section 21 of the National Parks and Access to the Countryside Act 1949;

b) “Non-statutory Nature Reserves” established and managed by a variety of public and private bodies, eg County Wildlife Trusts,

Royal Society for the Protection of Birds; and

c) ‘Sites of Importance for Nature Conservation” or equivalent; the name and status of this type of site varies considerably but they are usually adopted by Local Authorities for planning purposes.

Figure 8.4 as a PDF file (230kb)

POLICY CNE9
The nature conservation value of land outside nationally designated sites will be a material consideration. Development which would damage:

a) the nature conservation interest of a County Wildlife Site, County Geological Site, Local Nature Reserve or non-statutory Nature Reserve, or

b) natural features such as watercourses, hedgerows, trees, copses and ponds which provide wildlife corridors, links or stepping stones from one habitat to another, will not be permitted unless the need for the development in that location is unavoidable and of overriding importance.

Where planning permission is sought for development which would damage the nature conservation value of a site, such damage should be kept to a minimum and mitigation or compensation measures provided.

Developers are encouraged to make positive provision for wildlife through appropriate habitat creation/restoration and subsequent management. If appropriate opportunities arise, the District Council will establish additional Local Nature Reserves and/or support other bodies in establishing additional nature reserves.

POLICY CNE10
Development proposals which would harm protected or priority species, or their habitats, will only be permitted if the proposal would:

a) facilitate the survival of a sustainable population of the affected species;

b) reduce disturbance to affected species to an acceptable minimum; and/or

c) provide adequate alternative habitats, preferably in situ, to sustain at least the current population levels of affected species.

• parks and gardens;
• playing fields, sports grounds and children’s play areas;
• allotments;
• churchyards;
• woodland, hedgerows and individual trees;
• grass verges and landscaped areas;
• rivers and river banks;
• ponds (former brick pits or borrow pits) and associated margins;
• commons and greens;
• canal and railway margins, embankments and cuttings;
• and sand dunes and beaches (at Burnham-on-Sea).

a) expect the landscaping of new developments (whether on greenfield or brownfield sites) to make a positive contribution to future urban greenspace and habitat through such measures as the use of native trees and shrubs, and the retention of hedgerows and watercourses as wildlife corridors; and

b) seek land and/or other appropriate contributions for the creation of new (or improvement of existing) wildlife areas or natural greenspace.

POLICY CNE11
Development within and around settlements should respect the amenity, recreation, conservation, wildlife or historical value of existing greenspace and where possible enhance the stock of such environmental assets by:

a) appropriate restoration, enhancement and management of existing sites; and/or

b) improving public access; and/or

c) creating new greenspace sites.

These considerations will be particularly important within and around the urban areas of Bridgwater, Burnham-on-Sea and Highbridge but may also be relevant elsewhere in the District.

a) require a survey showing their position, size and species (in accordance with the provisions of Standard BS.5837);

b) expect plans for new development to provide for the retention of existing suitable trees and hedgerows;

c) where appropriate, serve Tree Preservation Orders to ensure the continuing protection of important trees; and

d) impose conditions on planning permissions to ensure that adequate protection is given to retained trees and hedgerows during site clearance and building operations (in accordance with Standard BS.5837).

POLICY CNE12
In considering proposals for development, the Council will seek to protect important trees and hedgerows. Planning permission may be refused where these would not be retained, or acceptably replaced. The Council will also encourage the planting and proper management of new trees and shrubs.

• where a serious tree loss has occurred and needs to be replaced;
   
• where the environmental quality of new development would be enhanced;
   
• where local amenity requires protection and/or screening from major development projects, main communication arteries and ‘ bad neighbour’ industries and activities; and
   
• where a significant contribution can be made to improving the scenic, visual or wildlife quality of a landscape area or historic heritage area or feature, or a countryside leisure or recreation facility.

a) approaches to Towns and landscape improvements to major roundabouts including Edithmead Roundabout (M5 Junction 22) and Dunball Roundabout (M5 Junction 23);

b) screening of existing industrial development on land near to the M5 north-east of Bridgwater and Walrow Estate, Highbridge;

c) in the vicinity of proposed new roads at Bridgwater (Northern Distributor Road) and Cheddar;

d) areas of countryside where serious tree loss has occurred due to the impact of Dutch Elm Disease; and

e) in the vicinity of caravan and camping sites at Brean and Berrow.

Figure 8.5 as a PDF file (134kb)

POLICY CNE14
Development will not be permitted on “high risk” floodplain land unless:

a) an appropriate flood risk assessment has demonstrated that the level of risk is lower than that implied by the indicative floodplain mapping; or

b) flood water would not adversely affect the development; and

     i) the capacity of available flood storage would not be reduced;

     ii) the flood water and flows would not be impeded; and

     iii) the flooding risks elsewhere would not be increased; or

c) there is no suitable alternative location and proposal includes appropriate and environmentally acceptable flood protection measures; or

d) the proposal is itself an appropriate and environmentally acceptable flood protection scheme to protect existing development.

POLICY CNE14A
All new development proposals within identified floodplains or other flood risk locations should be subject of an appropriate flood risk assessment. Any new properties built within a floodplain (including areas of floodplain protected by flood defence schemes) should have finished floor levels set at least 0.5 metres above surrounding ground levels and any other necessary additional flood mitigation measures.

• the Environment Agency is responsible for those waterways which are part of the designated “main river” system;
   
• a Drainage Board has powers to undertake works and to control works carried out by third parties on any watercourse within its district other than “‘main river”, but it is usually concerned with those watercourses on which it carries out regular maintenance.
  These are known as “viewed rhynes” and form the major network into which other “field”ditches (maintained by the riparian owners) and surface water sewers can successfully drain; and
   
• the District Council has similar powers to Drainage Boards under land drainage legislation in respect of watercourses outside a Drainage District.

a) development does not impede access to carry out necessary watercourse maintenance work (Drainage Board bylaws commonly specify a minimum margin);

b) surface water run-off is dealt with in ways which minimise the risk of flooding and pollution; and

c) nature conservation and landscape issues are taken into account.

a) soakaway drainage and permeable surfacing of hardstandings to recharge ground water;

b) rainwater storage for garden watering; and

c) treating ponds, open watercourses and wetlands as multi-purpose features performing not only drainage functions but also providing a landscape and habitat resource.

POLICY CNE15
Development will not be permitted if:

a) it would increase the risk of flooding as a result of changes in surface water run-off; or

b) adversely affect water quality.

Figure 8.6 as a PDF file (180kb)

• septic tanks;
   
• storage tanks for hydrocarbons or other chemicals;
   
• the manufacture, storage or use of organic chemicals; and
   
• any development which could give rise to contaminated surface water and/or foul or treated sewage effluent.

POLICY CNE16
Development will not be permitted within a defined Groundwater Source Protection Zone or on a major or minor aquifer unless safeguards are provided against the possible contamination of groundwater and/or interference with groundwater flows and levels.