Community Services and Resources
Introduction
10.1 The quality of life of those who live or work in Mid Sussex,
or who regularly visit the District, depends to a great extent on
the provision of community facilities and public services appropriate
to their needs.
10.2 The Council is committed to retaining and encouraging the improvement
of existing community facilities wherever possible. It is concerned
that this provision keeps pace with increasing demand and, subject
to other planning considerations and financial constraints, supports
the development of new, accessible community facilities in appropriate
locations. Within new residential estates the Council considers local
community facilities to be an important amenity. In many cases existing
community buildings and facilities are extensively used. Where there
is scope for increased use, such as use of school facilities in the
evenings and holidays, this will be encouraged by the Council, subject
to consideration of the effect on neighbouring properties.
10.3 Leisure and recreation facilities overlap considerably and
in many cases community uses, such as youth work, will require sports
grounds or other open space. Issues relating to open space, playing
fields and other recreation facilities are dealt with in the Recreation
and Tourism Chapter. Local shops and post offices which are also
recognised as providing a valuable community service are the subject
of policy guidance set out in the Shopping Chapter.
10.4 The Council is also concerned that the provision of services
such as water, gas, electricity, sewerage and telecommunications
keeps pace with new development and that the infrastructure required
to service new development is in place by the appropriate time.
10.5 Within this chapter the provision of public services and the
protection of natural resources are considered, although provision
for the emergency services, courts, library services and places of
worship are not specifically mentioned. However any proposals regarding
these or similar issues would be considered in the light of other
relevant policies in the Local Plan. A number of policies in the
Countryside, Built Environment and Transport chapters in particular
are relevant to the issues considered in this Chapter.
10.6 Policies relating to the provision of services by, and the
needs of, the largely privatised public utilities and agencies are
included in this Chapter. Also set out are policies relating to recycling,
renewable energy, derelict land, pollution and hazardous substances
and installations. Energy conservation in terms of new development
is dealt with in the Built Environment Chapter.
Policy Background
10.7 Government guidance regarding issues relating to community
facilities and services and the protection of resources is contained
in a number of the recent Planning Policy Guidance Notes (PPGs).
PPG12 (Development Plans) sets out in general the required contents
of Structure and Local Plans. It states that “The capacity
of existing infrastructure and the need for additional facilities
should be taken into account in the preparation of all development
plans.” Paragraph 6.14 refers to infrastructure as including “services
like education and health and other community facilities as well
as transport facilities, water supply and sewers.”
10.8 Guidance in PPG13 (Transport) seeks to reduce the need to travel
and states (in paragraph 19) that a key planning objective is to
ensure that jobs, shopping, leisure facilities and services are accessible
by public transport, walking and cycling. Development plans should
give particular emphasis to locating such developments to ensure
they will offer access by a range of transport modes and not just
by car.
10.9 Relating to issues also included in this chapter the guidance
in PPG8 (Telecommunications) recognises that modern telecommunications
are now an essential and beneficial service both within the local
community and nationally. The guidance, in conjunction with the Code
of Best practice on Mobile Phone Network Development (2002), reflects
the Government’s general policy to facilitate the growth of
new and existing systems, bearing in mind the wider environmental
benefits of using telecommunications to reduce the need for journeys,
whilst maintaining its commitment to environmental objectives. PPG14
(Development on Unstable Land) sets out guidance for making the most
effective use of land which is unstable or potentially unstable.
PPG22 (Renewable Energy) includes advice which seeks to balance the
Government’s policies for developing renewable energy sources
with its continuing commitment to protect the environment. PPG23
(Planning and Pollution Control) sets out advice on the separate
but complementary planning and pollution control systems. It aims
to encourage close consultation and prevent unnecessary duplication
and conflicts of interest between the two systems. PPG25 (Development
and Flood Risk), published in July 2001, sets out how local planning
authorities should consider flood risk at all stages of the planning
and development process.
10.10 Under the Environment Act 1995 the functions of the National
Rivers Authority, the Waste Regulation Authority (in this area West
Sussex County Council) and Her Majesty’s Inspectorate of Pollution
were transferred to the Environment Agency. The responsibilities
of the Agency include pollution control, waste management, flood
warning and defence, management of water resources and fisheries,
and ensuring the enhancement of the conservation of the water environment.
The Agency will have an important enforcement/advisory role on these
matters and also in respect of contaminated land. Through the Act
the Government has set up the framework for securing an increase
in the reuse, recovery or recycling of products or materials. The
Act also places new duties upon local authorities with regard to
the management of air quality in their areas, requiring them to carry
out reviews of air quality and assessments of whether air quality
standards or objectives are being met.
10.11 No specific community services and resources section is contained
within the West Sussex Structure Plan Deposit Draft 2001 - 2016,
however, relevant policies are contained within various chapters,
in particular the Needs Chapter and the Environment, Resources and
Assets Chapter.
Policy Aims
10.12 The policy aims of the Local Plan with respect to community
services and resources are:
(a) to seek the retention and encourage the improvement of existing
community facilities and public services;
(b) to ensure the appropriate provision of land and/or facilities
for community purposes in major new residential development;
(c) to make provision for additional community facilities to meet
future needs;
(d) to encourage the dual use of educational facilities;
(e) to ensure that the infrastructure required to adequately serve
development is available at the appropriate time;
(f) to protect existing water resources and to encourage a reduction
in the pollution of land, air and water;
(g) to safeguard the land drainage system and where possible minimise
the risk of flooding;
(h) to promote recycling and encourage the provision of recycling
facilities; and
(i) to encourage the production of energy using renewable sources.
Education
10.13 As the Local Education Authority West Sussex County Council
has the statutory responsibility to assess and make provision for
education within the County. Within the District there is a combination
of Local Education Authority maintained schools and private schools.
10.14 Major housing development recently completed in Burgess Hill
and proposed in Haywards Heath has resulted in a need for additional
primary school facilities. Sites have been reserved on land at Hammonds
Ridge in Burgess Hill and to the south west of Haywards Heath. In
addition the future need for an additional secondary school in Burgess
Hill has been identified by the County Council and a site, adjacent
to Jane Murray Way, is allocated. St Paul's Roman Catholic School,
currently located in Haywards Heath, will relocate to this site for
the start of the 2004/05 school year. Lindfield County Junior School
has relocated to the site of Lindfield County Infants School at Beckworth
to form a new two form entry primary school. Specific proposals regarding
new or extended school facilities are contained within the relevant
area Chapters of the Local Plan.
CS1 New educational facilities will
be permitted within the built-up area; or, in exceptional circumstances,
on sites adjacent to the built-up area, subject to environmental
considerations.
New educational facilities serving a local catchment should
be safely accessible by public transport, foot and bicycle.
Dual Use
10.15 Schools and other educational establishments can provide a
valuable contribution towards the community, leisure and recreational
facilities in an area. The Council supports the principle of ‘dual
use’ of existing educational facilities wherever possible and
appropriate; these facilities could include sports halls, playing
fields and swimming pools. Regarding new educational developments
the Council will seek to ensure that the Local Education Authority
and private bodies make provision for community use in designing
new facilities.
CS2 New educational facilities and
extensions should be designed to enable their dual use for community
purposes.
Reuse of Educational Land and Facilities
10.16 Within the built-up areas, the Local Planning Authority will
permit the development or change of use of land and/or buildings
used by educational institutions to community or recreational uses.
Where an educational institution plans to relocate in the local area,
or where it is established that an educational institution is no
longer viable in its existing form, proposals for the change of use
or development of land and/or buildings used by the institution within
the built-up area other than for community or recreational purposes
will be permitted, subject to other Local Plan policies. Proposals
for the change of use or redevelopment of educational land and buildings
outside the built-up area will also be considered against the provisions
of Policy C14.
CS3 Proposals for
the change of use or redevelopment of land and/or buildings used
for the provision of educational facilities to uses for community
purposes or recreation will be permitted subject to other Local
Plan policies. Proposals for the change of use or redevelopment
of land and/or buildings used for the provision of educational
facilities other than for community or recreational use will be
permitted subject to other Local Plan policies, and provided that:
(a) the educational institution is relocating to similar
or improved facilities within the locality, or
(b) it is established that the educational institution
is no longer viable in its existing form.
Pre-school Education Facilities
10.17 The Council recognises that there is a growing demand for
child care and pre-school educational facilities such as child minding,
crèches, play schools and nurseries. This reflects the increasing
importance being placed on pre-school education and also the requirement
for child care by working parents.
10.18 Whilst the Council wishes to support the provision of pre-school
education it is concerned that such facilities, often located in
residential areas, should not have a detrimental impact on the amenity
of local residents particularly through noise and traffic generation.
Where proposals for such use are within an existing residential dwelling
consideration should be given to the provision of outside play space
and the disturbance likely to be caused to immediate neighbours.
Delivering and collecting children frequently involves car journeys;
adequate off-street parking spaces should be available, preferably
with a separate entrance and exit allowing for a through flow, so
that a nuisance is not caused to neighbours in terms of loss of on-street
parking and resulting congestion. The predominant use of the property
as a residential dwelling should also be retained. Where non-residential
buildings, not already in community use, are proposed the suitability
of the premises in terms of access, parking and noise should be considered.
The loss of other uses should be considered in terms of relevant
policy guidance in this Local Plan (see The Economy and Shopping
Chapters).
CS4 Proposals for
child care and pre-school educational facilities will be permitted
in residential dwellings only where:
(a) adequate parking and access is available;
(b) private open space is available;
(c) there is no detrimental impact on the amenity of the
neighbours through excessive noise or traffic generation;
(d) the location is easily accessible by foot and public
transport; and
(e) the childcare activities are subsidiary to the use
of the property as a private residence.
Health Services
10.19 Mid Sussex District (in terms of the Local Authority area)
comes within the West Sussex Health Authority formed in April 1995;
this in turn is part of the South Thames Regional Health Authority.
The Health Authority purchases health services from various NHS Trusts
and other providers. Medical practitioners also come under the auspices
of the West Sussex Health Authority. Within Mid Sussex the provision
of health services is primarily the responsibility of two Trusts:
the Mid Sussex NHS Trust (The Princess Royal Hospital) in Haywards
Heath, which currently includes Hurstwood Park Neurological Centre
and the Queen Victoria Hospital NHS Trust in East Grinstead. As part
of the Government's reforms of the NHS the Mid Sussex Primary Care
Trust was established and became operational in April 2001. The Trust
is responsible for improving health, developing primary care and
community services and ensuring that the health services people need
are provided in the District.
10.20 In recent years several hospitals within the District have
closed. Cuckfield Hospital has been redeveloped for a mixture of
residential and office purposes, St. Francis Hospital has been redeveloped
for residential purposes and Haywards Heath Hospital has been redeveloped
to provide residential health care. The need to provide additional
health care facilities in the future will be assessed in conjunction
with new residential development proposals and considered against
Policy CS8.
Medical Practitioners
10.21 Medical practitioners, including doctors, dentists and therapists,
are frequently located within converted residential dwellings. Where
a proposal for change of use from residential to a medical use does
not conflict with other policies in the Local Plan such a proposal
may be acceptable. The Council would need to be satisfied that the
residential amenity of the area would not suffer due to increased
activity, traffic generation and parking demands, and adequate parking
would be required. Subject to the policies in the Shopping Chapter
medical uses may also be appropriately located within town centres
adding to the diversification and vitality of the area.
CS5 Proposals for
the change of use of existing dwelling houses to use by a medical
practitioner will be permitted where:
(a) adequate parking is available;
(b) there is no unacceptable impact on the amenity of
the immediate area through excessive traffic generation and increased
activity;
(c) the location is easily accessible by foot and public
transport; and
(d) the proposal does not conflict with the relevant housing
policies (particularly H6) or shopping policies.
Community Facilities
10.22 The Council recognises the importance of health, social service
and other community facilities to serve the residents of the District.
The Council supports the maximum use of existing facilities and is
keen to encourage their retention by resisting proposals for alternative
use or redevelopment which would result in their loss to the community.
10.23 The value of local shops, village halls and public houses,
is also recognised, particularly where these serve the local community.
The Council will generally resist their loss and subsequent redevelopment.
Public houses fall within Class A3 food and drink use and could be
used as restaurants or other such uses without the need for planning
permission. However, where there are proposals for alternative forms
of development or a change of use Class, the Council will seek to
protect the facility unless it can be shown to be no longer viable.
Policy CS7, which seeks to control the loss of public houses, will
be applied particularly rigorously where there is only one public
house remaining within a small settlement. Changes of use to another
community facility, a residential use or a mixed use which includes
the public house function will be supported. The loss of individual
shops is considered in the Shopping Chapter of this Local Plan.
10.24 The Council also supports the provision of new, extended or
improved community facilities where appropriate. It is important
for new buildings to be flexible in design in order to accommodate
a variety of needs and all should provide access and facilities for
disabled users. New community facilities should normally be located
within the built-up area. However, within the smaller settlements
and villages there may be exceptional circumstances where facilities
essential to the needs of the local communities cannot be accommodated
within the built-up area. Such proposals would be sensitively considered
in relation to other appropriate policies regarding development in
the countryside. (See Policy C1 in the Countryside Chapter of this
Local Plan).
CS6 Proposals for the change of use
or redevelopment of health, social service, library or other community
facilities will only be permitted where the community use is relocating,
or improved facilities are to be provided in the locality.
CS7 Proposals for
a change of use or redevelopment which would result in the loss
of a public house will not be permitted other than in exceptional
circumstances where a change of use to another community use or
residential use will be permitted provided that:
(a) it can be shown that the existing use is no longer
viable; and
(b) the proposal would not have an unacceptable impact
on the amenity of the area.
Proposals for the retention of public houses which include
proposals for a mixed use, combining the public house function
with that of a shop, post office, bed and breakfast or self-catering
facility, will be supported.
CS8 Within the built-up
area boundary proposals to develop, extend or improve education,
health, social service, library and other community facilities
will be permitted where:
(a) there is no unacceptable impact on the residential
amenity of nearby properties;
(b) any new building or extension is in character with
the surrounding area;
(c) the location is easily accessible by foot, bicycle
and public transport; and
(d) adequate parking, including provision for the disabled,
is provided.
10.25 As part of large residential proposals the Local Planning
Authority will seek the provision of land for community facilities
from the developer. These may include local shops, a community hall
and possibly a school. Specific policies regarding required community
facilities are included in the housing proposals in the relevant
area sections. In some cases, residential development may generate
a need for improvements or extensions to existing facilities and
financial contributions may be sought.
CS9 Where residential developments
create a need for new community facilities, the provision of such
facilities, or a contribution towards their provision, will be
sought from the developers before planning permission is granted.
Allotments
10.26 Allotments are located on District, Town, Parish, Parochial
Church Council and privately owned land throughout the District.
These are mostly administered by Parish Councils although often managed
by voluntary bodies. The existing provision is considered to be adequate,
although demand varies slightly across the District and over time.
The Council considers that the existing allotments provide a valuable
facility contributing to the ‘greening’ and quality of
residential environments and will therefore resist their development
for alternative uses other than in exceptional circumstances.
CS10 Proposals which would result
in the loss of existing allotments will not be permitted.
Cemeteries and Church Yards
10.27 Within the District most of the cemeteries which are still
in use are run by Town and Parish Councils. Church yards which are
still in use come under the auspices of the church. Once full church
yards can be declared ‘closed’ by the Department of the
Environment, Transport and the Regions, it is then the District Council’s
responsibility to maintain them. The adequacy of burial ground provision
during the Plan period will vary in different parts of the District
and where localised deficiencies have been identified these are considered
in the town or village chapters of the Local Plan.
Utilities
10.28 In order to enable any new development, particularly major
development, to take place the appropriate infrastructure will be
necessary. In most cases this will include roads, utilities such
as water and power supplies, sewerage and land drainage, and community
services to meet the social, educational and medical needs of the
potential users of the development. (See also policy G3 in the Plan
Strategy Chapter).
10.29 In order to avoid the problems which are likely to arise if
development takes place before the adequate infrastructure is available
to serve it, the Local Planning Authority will consider either requiring
the infrastructure to be in place before development is allowed to
start or phasing the provision of infrastructure with the development.
The developer will be required to provide the necessary infrastructure
themselves or to make a contribution towards any capital works.
CS11 Developments which create a
need for new or improved infrastructure will not be permitted unless
such infrastructure is provided, or a contribution is made towards
its provision, by the developer. The commencement of the development
will be required to be co-ordinated with the provision of the necessary
infrastructure.
Water Supplies
10.30 South East Water is responsible for the supply of water throughout
most of Mid Sussex and Southern Water Services is responsible for
water supply to a small area in the southern part of the District.
Although water supplies are currently sufficient to meet existing
demands, developers are advised to contact the appropriate water
company as soon as possible to ensure that an adequate water supply
can be provided to meet the increased demand. Developers will be
required to fund the off-site costs of supplying new development.
Developers should also provide fire hydrants and an adequate water
supply for fire fighting in new developments.
Wastewater Treatment and Foul Sewerage
10.31 The Water Act 1989 gave responsibility for sewerage to Statutory
Sewerage Undertakers (the privatised Water Companies). Within Mid
Sussex these comprise of Southern Water Services and Thames Water
Utilities who are responsible for wastewater treatment and public
sewerage. In addition the Environmental Agency has powers and/or
duties with regard to wastewater (sewage) treatment.
Wastewater Treatment
10.32 Wastewater (sewage) treatment works are located at various
sites throughout the District and these are continually monitored
by the sewerage undertakers and the Environment Agency. The Local
Plan will include allocations for residential and employment development
in the District. It is the Local Planning Authority’s intention
that foul sewage from all new development should be connected to
the public sewerage system. In accordance with DETR Circular 03/99
other options can only be considered if it can be clearly demonstrated
by the developer that disposal to the public foul sewer is not feasible
taking into account cost and/or practicability.
10.33 In general, waste water treatment required for new developments
that accord with Local Plans will be provided by Southern Water Services
to a reasonable programme. Where it is not physically possible to
provide additional capacity as soon as developers might wish, occupancy
of a new development may need to be restricted by the District Council.
Where large development areas are being considered, it is essential
that a technical consultation is carried out with Southern Water
Services to enable a full assessment to be made for the provision
of additional process plant and works capacity if required.
Public Sewerage
10.34 In cases where public sewers or sewer capacity are not available
to serve new development sites, developers will be expected to requisition
or otherwise fund new sewers either to connect to the sewerage system
or connect to a point on the sewerage system where capacity exists,
so that new occupiers are provided with a satisfactory level of service.
The sewer requisition procedures are set out in the Water Industry
Act 1991. This requirement will depend upon individual circumstances
and developers are advised to consult Southern Water Services or
Thames Water Utilities at an early stage.
10.35 Where public sewers cross development sites, these will need
to be retained in or diverted into adoptable highways to ensure that
sewers are accessible for maintenance and accessible by others for
the purpose of making connections.
10.36 Where basements are converted to habitable rooms or new properties
are built with basements, reference should be made to Southern Water
Services to ensure that these can be adequately drained where necessary.
Implications of possible high groundwater levels should also be taken
into account as these could lead to the flooding of basements.
CS12 Development
will only be permitted where the Local Planning Authority, in consultation
with the Environment Agency and the statutory water and sewerage
undertakers, is satisfied that:
(a) adequate water resources and infrastructure are available;
(b) provision has been made for adequate waste water treatment;
and
(c) adequate sewerage capacity is available.
Land Drainage
10.37 The Environment Agency has powers with respect to flood defence,
land drainage and for the policing and protection of the quality
of the water environment. This includes responsibility for flood
defence, land drainage, pollution control, environmental quality,
water resources, conservation and recreation. New development can
increase surface water runoff as impermeable surfaces such as roofs,
roads and car parking areas replace more porous surfaces such as
grass. The Environment Agency has advised that the cumulative impact
of increased runoff can lead to a greater risk of flooding, ecological
damage and pollution. Where existing watercourses are considered
to be inadequate to accommodate the increased surface water run-off
resulting from new development, developers will be required to control
the run-off from the developed site or, where possible, and subject
to their being no detriment to the natural water habitat, provide
improvements to the watercourses. Government Guidance in PPG25 ‘Development
and Flood Risk’ recognises the need for effective management
of surface water in flood prevention, including the use of sustainable
drainage systems (SUDS). The approval of SUDS in new development
will be subject to appropriate location; standards for design; maintenance;
and legal responsibility to the satisfaction of the Local Planning
Authority, as advised by the Environment Agency. Guidelines for such
standards are the subject of national multi-agency discussions, and
any approval of SUDS systems will be consistent with these guidelines,
when available. Any new development will be expected to comply with
the requirements of the Environment Agency with regard to its impact
on the overall water environment.
CS13 Planning permission will not
be granted for development unless the Local Planning Authority,
in consultation with the Environment Agency, is satisfied that
the site can be adequately drained. Developers will be required,
where necessary, to provide facilities to control the rate of surface
water run-off from development sites or, subject to there being
no detriment to the natural habitat, carry out improvements to
the receiving watercourses. Proposals for the design and long term
maintenance of any engineering works (eg balancing ponds) must
be submitted to and approved by the Local Planning Authority.
10.38 Development, including land raising, will be resisted within
areas known to be at risk from flooding, such as river floodplains.
As recommended in PPG25- Development and Flood Risk (2001)- areas
within the District which are considered by the Environmental Agency
to be at risk of flooding are shown on the Proposals Map. It should
be noted that these maps show approximate extent of floodplain associated
with larger rivers and streams and do not include smaller watercourses
which may also be at risk of flooding. In addition to the risk of
flooding to the proposed development itself, development in such
locations may increase the risk of flooding elsewhere by reducing
the storage capacity of the floodplain and/or impeding the flow of
flood water. It is also important to ensure that development, and
landscaping, does not interfere with the effectiveness of river defences
or channels.
CS14 Planning permission will not
be granted for development which would be detrimental to the protection
of river defences or river channels or would impede access to and
along these for future maintenance and improvement.
CS15 Planning permission will not
be granted for development (including redevelopment and intensification
of existing development) in areas at risk of flooding or for land
raising within river floodplains unless environmentally acceptable
flood mitigation measures to protect the floodplain can be provided
by the developer to compensate for the impact of the development.
Where insufficient information is available regarding suspected
flood risks, the developer will be required to carry out a detailed
technical investigation to evaluate the extent of the risk.
Water Quality
10.39 The Environment Agency seeks to ensure that development does
not threaten the quality of underground and surface waters and encourages
initiatives that result in an improvement in surface water quality.
Development which disturbs contaminated land is of particular concern
and preventative measures to ensure that contamination does not result
would be required. The retention of natural river corridors, the
protection and enhancement of the conservation of the natural water
environment and, where appropriate, recreation will be promoted through
the planning process, including the use of wet ponds/lakes for the
control of surface water run-off from new development.
CS16 Development
will not be permitted which would:
(a) have an adverse impact on the nature conservation
or recreational value of rivers or other water features;
(b) lead to the deterioration in the quality of underground
and surface waters;
(c) lead to a reduction in ground water levels; or
(d) lead to reduced flows in water courses.
Initiatives which seek to restore, conserve, or enhance
the water environment and improve the water quality will be promoted
and supported.
Pylons and Overhead Lines
10.40 Pylons and overhead lines can, either individually or cumulatively,
substantially impact upon an attractive landscape. However, their
impact can be reduced to some degree by using natural features such
as tree lines to conceal their presence. The statutory authorities
are required to consult the Local Planning Authority about most proposals
for new and replacement lines; such proposals will be considered
in terms of their environmental impact and the scope for rationalisation
of lines. Pylons and overhead power lines should, where possible,
be sited away from sensitive locations of landscape and townscape
importance. Any proposals that require planning permission will be
subject to rigorous examination in order to mitigate any potential
negative impact on amenity. In relation to major new development
the Local Planning Authority will require lines to be laid underground
wherever practicable.
Telecommunications
10.41 PPG8 (Telecommunications - 2001) and the Code of Best Practice
on Mobile Phone Network Development (2002) are the principle sources
of Government guidance on telecommunications developments. The guidance
supports the need for modern communication development whilst also
highlighting some of the conflicts with the environment and amenity.
It sets out the benefits of modern telecommunications to the local
and national economy and the growing demand for improved services.
The guidance also clearly states the need to protect the best and
most sensitive environments and to minimise the impact of telecommunications
development. Early consultation between Local Planning Authorities
and telecommunication operators is encouraged. The Council keeps
and updates a register of all known telecommunications developments.
The register is available to operators and members of the public.
10.42 Mobile phone coverage by the main operators is now up to 98%
of the UK. The Council appreciates the important contribution of
telecommunications and will participate in consultations with telecommunications
operators to establish the local requirements for sites, types and
sizes of equipment and the potential for site and mast sharing, which
will allow the technology to operate and develop efficiently and
safely. The Council is, however, concerned about the visual intrusion
and impact caused by equipment, such as overhead lines, masts, junction
boxes and the new microcell ‘lamp post’ style masts and
will adopt a more rigorous approach in order to minimise the impact
and intrusiveness of such development. The Council is concerned that
under Permitted Development Rights additional antennae may be attached
to masts so worsening the appearance and impact of the apparatus.
Where this proliferation is of particular concern the Local Planning
Authority may impose planning conditions in order to restrict any
attachments to the permitted apparatus. It is a requirement of the
Code Systems Operators Licence that all equipment is removed once
it is no longer in use.
10.43 In new housing developments the Council will expect, where
possible, that telecommunications cables are laid underground. In
existing developments the Council will seek the co-operation of telecommunication
cable laying companies to ensure that works are carried out in a
satisfactory manner, that street trees are fully protected and surfaces
reinstated to match the surrounding area. Consideration does however
need to be given to minimising the impact of future maintenance.
10.44 Under the Town and Country Planning (General Permitted Development)
Order 1995 (as amended) telecommunication code systems operators
are in some circumstances able to carry out certain forms of development
relating to the installation, alteration or replacement of telecommunications
apparatus, on private land, in accordance with the operator’s
licence without requiring planning permission. Generally the Local
Planning Authority will not seek to restrict the permitted development
rights for minor telecommunications development. Any development
which affects the character or appearance of a Listed Building will
require Listed Building Consent. (See policies in the Built Environment
Chapter; in particular Policy B25 which deals with the installation
of satellite dishes and antennae).
10.45 Growing concerns over the potential health risks associated
with mobile phone masts has prompted the Government to set up an
independent study into the use of this technology. The resulting
Stewart Report (May 2000) concludes that ‘the balance of evidence
does not suggest that mobile phone tecnologies are a risk to health’,
although it acknowledges that there are ‘gaps in scientific
knowledge’ and considers that there is an urgent need for further
research. A precautionary approach to the use of mobile phone technologies
was advised. The Government’s acceptance of this precautionary
approach (as set out in PPG8 2001) is limited to specific recommendations.
These include:
(i) the emissions from mobile phones base stations to meet the
ICNIRP guidelines for public exposure, with clear exclusion zones
around base stations;
(ii) a national database be set up by Government giving details
of all base stations and their emissions;
(ii) an independant audit of emissions to be established;
(iv) in relation to macrocell base stations, the beam of greatest
intensity should not fall on any part of a school grounds or buildings
without agreement from the school and parents; and
(v) further research to be undertaken and reviewed.
In an answer to a Parlimentary Question (March 2001) the Planning
Minister, Nick Raynsford stated that, “it remains the Government’s
view that the planning system is not the appropriate mechanism for
determining health safeguards. In the Government’s view, if
a proposed development meets the ICNIRP guidelines it should not
be necessary for a local planning authority, in processing an application,
to consider health aspects further.”
CS17 The development
of telecommunications equipment associated with the code system
operators’ networks will be permitted provided that the following
criteria are met:
(a) the siting, design and colour of equipment is such
that the visual impact on the landscape and townscape and on
the amenity of the locality is minimised;
(b) existing buildings or other suitable structures are
used to accommodate equipment, and for mounting antennae, where
practicable;
(c) site and/or mast sharing is used where practicable:
(d) necessary operating heights and sizes for masts, antennae
and other equipment are minimized;
(e) landscaping and screening are carried out where necessary;
(f) the applicant has demonstrated to the local planning
authority that all technically feasible alternatives have been
explored and that the application proposal results in the least
harm; and
(g) the development will not be unduly detrimental to
the appearance of the locality, particularly in sensitive locations
of landscape and townscape importance such as Areas of Outstanding
Natural Beauty, Sites of Special Scientific Interest, Sites of
Nature Conservation Importance, Conservation Areas and the setting
of listed buildings.
Waste Disposal and Recycling
10.46 West Sussex County Council is currently responsible for waste
planning, waste regulation and the disposal of collected household
waste. The County Council’s waste strategy is set out within
the Waste Local Plan (Deposit Draft February 2003), the Waste Management
Strategy and the Structure Plan.
10.47 In line with Government advice to minimise the amount of waste
produced and in order to meet the Government’s target to recycle
half of the Country’s recyclable household waste by the end
of year 2005 (this is equivalent to 25% of all household waste) the
District Council operates a kerbside collection for mixed cans, plastics
and paper. Within the District the County Council has public recycling
centres at London Road, Burgess Hill and Imberhorne Lane, East Grinstead.
These take a very wide range of used materials including car batteries,
cardboard, household appliances, furniture, metal, newspapers, textiles
and used lubrication oils. Extensions to these civic amenity sites
and possible additional sites may be required to serve the needs
of the District; in addition sites for recovery/transfer, composting
and waste to energy facilities will need to be carefully investigated
and considered. These will be the subject of the West Sussex Waste
Local Plan. Locally, the District Council provides recycling facilities
for textiles, cans, paper and glass throughout Mid Sussex. The Council
will continue to promote the recycling of waste materials and encourage
the development of recycling facilities
CS18 The inclusion of a suitable
area for recycling facilities will be sought within all major new
retail, industrial, commercial and residential developments. These
facilities should be located safely and conveniently and should
not result in a detrimental impact to residential amenity.
Renewable Energy
10.48 Renewable energy refers to the sources of energy which occur
naturally in the environment - the sun, wind and water, as well as
plant material and combustible or digestible industrial, agricultural
or domestic waste materials. Government policy, as set out in PPG22:
Renewable Energy, is to stimulate the development and use of renewable
energy sources wherever they have prospects of being economically
viable and environmentally acceptable. The Government's White Paper
on energy, 'Our Energy Future – Creating a Low Carbon Economy'
and the Regional 'Harnessing the Elements' strategy document linked
to Regional Planning Guidance (RPG9) were published in 2003. Both
of these documents make it clear that the use of sustainable energy
must increase in order to assist in reducing the consequences of
global climate change. Renewable energy sources can help to reduce
harmful greenhouse gas emissions and alleviate the problems associated
with waste treatment and disposal. No form of energy is without environmental
implications and every effort should be made to ameliorate any adverse
effects. Renewable energy resources can usually only be developed
where they occur naturally. In Mid Sussex the most viable potential
for renewable energy lies with the re-use of waste materials, although
some wind and solar power may also be possible. The Local Planning
Authority must decide at an early stage whether, for a particular
proposal, an Environmental Assessment is required as set out in the
Town and Country Planning (Assessment of Environmental Effects) Regulations
1988. Even where an Environmental Assessment is not required the
proposal should not conflict with Policy CS19 and other appropriate
policies in this Local Plan. Where the environmental impact of the
proposal is uncertain it may be that the Local Planning Authority
will consider granting temporary planning permission only in order
to be able to assess the local effects before considering permanent
permission.
CS19 Development of renewable energy
sources will be supported where it is considered that these will
not have a significant detrimental impact on the environment. Consideration
of the wider environmental benefits will be balanced against any
likely local effects on the environment, particularly in sensitive
locations such as AONBs, SSSIs and SNCIs.
Derelict and Contaminated Land
10.49 Government guidance expressed in various PPGs encourages local
authorities to promote the development of underused, vacant or derelict
urban sites in preference to greenfield sites. It offers a sustainable
approach to redevelopment and a means of regenerating specific areas.
It also has the potential for delivering significant environmental
benefits.
10.50 It is likely that some derelict sites are contaminated due
to their previous industrial, landfill or other use. In considering
the potential for developing such sites account must be taken of
the possible threats to health, safety and the environment. PPG23
contains the caution that disturbance of contaminated land may put
at risk both those working on the development of the site and those
later using it. Contaminants may also escape from the site to cause
air and water pollution and the pollution of nearby land, the emission
of landfill gas may be particularly hazardous. A new statutory regime
for the identification and remediation of contaminated land came
into force on 1st April 2000 which requires local authorities to
compile a public register of contaminated land, together with a strategy
for dealing with contamination. This helps clarify the extent and
nature of contamination within the District, thus providing potential
developers of brownfield sites with a degree of certainty as to the
nature of remedial works required.
10.51 Where a site is suspected or known to be contaminated this
should be fully investigated. The Council will require the developer
to carry out a detailed investigation and to state what remedial
measures would be required before the application is determined.
If there is thought to be a slight chance that a site is contaminated
the Council may grant planning permission which is conditional upon
the developer firstly carrying out an investigation and assessment
and, secondly, carrying out remedial measures.
CS20 Where proposals for the development
of previously used sites involves land which may be contaminated
an investigation and assessment of the site will be required to
form part of the planning application. The use of a planning condition
may be imposed to ensure the implementation of any remedial works
necessary. Planning permission will only be granted where the Local
Planning Authority, in consultation with the appropriate agencies,
considers that the proposal will not have any unacceptable effects
in terms of the environment or human health.
Development on Unstable Land
10.52 In line with the Government’s sustainable approach to
making full and effective use of land, sites which have been damaged
by industrial activities or which are naturally unstable can often
be put into productive use. Problems may arise, however, unless stabilisation
measures are undertaken prior to developing unstable or potentially
unstable land. In some cases development will be refused because
the instability of the land is so great that it poses an unacceptable
risk. The stability of the ground is, therefore, a material consideration
to be taken into account when determining a planning application.
Consequently, a slope stability report will be required by the Council
before determining any application on a site that slopes 16 degrees
or more, or 12 degrees or more in the case of clay subsoil. The report
should take account of ancient landslides, geological faultlines,
water courses/ditches and natural ground water routes.
10.53 However, the responsibility for determining whether land is
suitable for a particular purpose rests primarily with the developer.
The liability for safe development and secure occupancy of a site
rests with the developer and/or the landowner. It is not the responsibility
of the Local Planning Authority to investigate the ground conditions
of any particular development site unless it is proposing to develop
it.
10.54 Where development is proposed on land which the Council is
aware is unstable or potentially unstable, it will seek to ensure
that the following issues are properly addressed:
-
the physical capability of the land to be developed;
-
possible adverse effects of land instability on the development;
-
possible adverse effects of the development on the stability
of adjoining land; and
-
possible effects on local amenities and conservation interests
of the development and of any remedial or precautionary measures
proposed. (PPG14, paragraph 21).
10.55 Where developers feel land stability will be an issue, they
should seek expert advice. Developers are also encouraged to contact
the Council’s planning and building control sections at an
early stage to ensure that the requirements of both Planning and
Building Regulations can be satisfactorily included within the scheme.
CS21 Development of an area of known
or suspected land instability will be permitted only where it can
be demonstrated that the site can be developed and used safely
without adding to the instability of the site or adjoining land.
Any necessary stabilisation measures must be environmentally acceptable.
Pollution
10.56 The Council, in line with government advice expressed in PPG12,
is seeking to protect and improve the environment by minimising air,
land and water pollution in the District. Pollution control is to
a large extent regulated and implemented, through the Environmental
Protection Act 1990 and the Environmental Protection Regulations
1991, by the Environment Agency in consultation with the Health and
Safety Executive and other bodies. The Council will, however, use
its planning powers where appropriate to determine the location of
any development which may give rise to pollution and to control new
development near to existing pollutants. Where necessary it will
impose conditions on developments to minimise disturbance from dust,
noise, vibrations, fumes and light and will refuse proposals which
are likely to have unacceptable environmental impacts.
10.57 Certain generators of noise, light, heat, fumes and vibration
such as industrial, retail and recreational uses may produce levels
of pollution which are acceptable during the day time but may need
to be restricted in the early morning and evenings, and at weekends.
In such circumstances the Council will use conditions to restrict
operating and servicing hours. Noise and light pollution are considered
in the Built Environment Chapter.
CS22 Development
will only be permitted which does not cause unacceptable levels
of pollution to land, air or water in terms of noise, dust, fumes,
vibration, light or heat.
Permission will not be granted for development on a site
adjacent to an existing use which, as a source of pollution, would
have an adverse effect on the proposed development.
Hazardous sites and installations
10.58 The potential risks associated with the operation of certain
sites and the storage or use of hazardous substances has long been
a source of concern. New measures have gradually been introduced
over time to tighten the degree of controls over such activities,
culminating in the Planning (Hazardous Substances) Act 1990. Under
this Act, ‘the presence on, over or under land of any hazardous
substance in excess of the controlled quantity’ requires the
consent from the relevant ‘Hazardous Substance Authority’ whether
or not it is associated with development requiring planning permission.
Within Mid Sussex the Hazardous Substance Authority is normally the
District Council.
10.59 The presence of certain uses, or the storage of hazardous
substances can increase the risk of fire explosion or toxic or atmospheric
pollution. The introduction of such controls means that the local
authority can assess the degree of risk arising from such new installations
or the storage of substances.
10.60 In considering any proposals for new potentially hazardous
installations or the storage or use of hazardous substances the Local
Planning Authority will consult closely with the Health and Safety
Executive (HSE) and any other relevant bodies before granting permission.
It will wish to be satisfied that adequate safeguards will be introduced
to minimise the potential risks arising from such development or
use. The Council will have particular regard to the location of such
development in relation to residential areas or other sites to which
the public will have access. It will refuse proposals where it considers
that there are unacceptable risks arising from the proposed location
of such development. Where possible such uses will normally be restricted
to existing industrial or commercial sites. Hazardous Substances
Consent is normally given for the site and not the occupier, it does
not have to be reapplied for should the use cease and then re-start.
10.61 Some existing sites and pipelines are designated as notifiable
installations by the HSE due to the quantities of hazardous substances
stored or used. The HSE is responsible for notifying the Local Planning
Authority of the extent of the consultation zone around the hazardous
installation or site where dangerous fumes or substances may be present.
The Council will seek the advice of the HSE on any proposals for
development on land near or adjacent to a notifiable installation.
CS23 Permission
for development involving the storage, use or transport of hazardous
substances, as defined in the Planning (Hazardous Substances) Act
1990, will only be granted if it would cause no extra risk to the
public or to the natural environment and would not prejudice the
use or development of other land. Permission will only be granted
for such a proposal on a site in, or allocated for, industrial
or business use.
Development in the vicinity of a site known to be used for
the storage, use or transport of hazardous substances will not
be granted permission if there would be an unacceptable risk to
the life or health of its users.
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