South Oxfordshire Local Plan 2011, adopted January 2006

Section 3 Protecting and enhancing the natural and built environment

Introduction

3.1

This section of the Local Plan is concerned with protecting and enhancing the natural and built environment of the district. It builds upon Policies G1, G2 and G4 which refer to the protection of the countryside for its own sake and to the protection of natural and non-renewable resources. The policies in this section of the plan seek to:

  • protect and enhance the distinctive landscape character of the district
  • protect and enhance the biodiversity of the district
  • maintain the Green Belt in the north-west of the district in order to preserve the special character and landscape setting of Oxford, check the growth of the city and assist in safeguarding the countryside from encroachment
  • protect and enhance the historic environment of the district and safeguard and record its archaeological heritage
  • protect and improve the quality of the land, air and water environments.

3.2

The district is rich in a number of resources including its attractive countryside, large areas of which are designated as Areas of Outstanding Natural Beauty. In addition, an area of between four to six miles wide in the north-west of the district, around Oxford, comprises part of the Oxford Green Belt. The heritage and historic character of the district is another important resource. The district contains 71 Conservation Areas, and 3,273 buildings which are listed for their historic and architectural interest. In terms of biodiversity, the district has a rich and varied natural environment. This section of the plan includes policies on landscape features including trees, hedgerows and woodlands, protection of the best and most versatile agricultural land and the water environment. In addition it contains policies on the prevention of pollution, contaminated land, hazardous substances and reference is made to the County Council's Minerals and Waste Local Plan.

3.3

The Council recognises the interdependence of the economy of the district with the quality of its environment. One of the best ways of maintaining and enhancing the environmental quality of the district is to ensure a healthy economy, particularly in the rural areas. Conversely, the attractive environment of the district is a major contributor to the area's economic competitiveness.

Landscape

Landscape character

Policy C1

The conservation and where possible, enhancement of the landscape of the district will be sought. Development that would adversely affect the distinctive features of the landscape character areas will not be permitted.

Where development is acceptable in principle it should:

(i)

be integrated into the landscape character of the area;

(ii)

protect important local features; and

(iii)

where possible, contribute to local distinctiveness.

Measures will be sought to integrate new development sensitively, mitigate impacts and where appropriate, enhance local landscape character through conditions and agreements attached to planning permissions.

3.4

South Oxfordshire has a high proportion of unspoilt and attractive countryside, a large area of which is nationally designated for its outstanding beauty, namely the Chilterns and North Wessex Downs Areas of Outstanding Natural Beauty. Large tracts of the district were also locally designated as Areas of Great Landscape Value (AGLV) in the 1954 County Development Plan. Considerable areas of AGLV were subsequently added when the Rural Areas, Central Oxfordshire and South Oxfordshire Local Plans were adopted. In recent years, however, the approach to and method of assessing landscape has changed. The Government and the Countryside Agency now encourage an approach to landscape which moves away from the relative value of individual landscapes, towards the assessment of the intrinsic character, quality and condition of the landscape. The landscape assessment process therefore involves the classification of landscapes into distinctive units, the description of their characteristic features and attributes, and the evaluation of their intrinsic quality and condition.

3.5

In response to this advice at a national level and as a result of criticism of the Council's approach to its local landscape designation (AGLV) the Council commissioned a district-wide Landscape Character Assessment.1 The Assessment was approved by the Council in June 1998 as a material consideration to be taken into account in the determination of planning applications. Public consultation on the Assessment was carried out whilst the plan was on first deposit and the Council adopted it in July 2003 as supplementary planning guidance. The Character Assessment moves away from qualitative landscape evaluation, towards an approach based upon understanding the intrinsic character of a locality and its distinctive features.

3.6

The Countryside Commission (now the Countryside Agency) with English Nature and English Heritage, have analysed the distinctive features of the English countryside and produced a New Map of England. This Map identifies broad areas of cohesive character which can be described in terms of their scenic quality, sense of place, the extent to which their character is unspoilt, how important the landscape is as a resource, and its nature conservation interest. The Map identifies four regional character areas within the boundaries of South Oxfordshire. These are:

  • the Mid-vale Ridge
  • the Upper Thames Clay Vale
  • the Chilterns
  • the Berkshire and Marlborough Downs.

3.7

These regional character areas provide the basis for the 11 local character areas defined by the Landscape Assessment. These areas are tracts of landscape that have some unifying or consistent elements related to their physical form or geographical location which makes them distinctive, namely:

  • the Oxford Heights - focused upon the northerly, higher hills of the Mid-vale Ridge which surrounds Oxford to the east, and including the fringing lowlands of Otmoor and the Rivers Ray and Thame
  • the Nuneham Courtenay Ridge - comprising the southerly part of the low limestone hills of the Mid-vale Ridge, which appears as a prominent spur of higher land above the River Thames which bounds it to the west and south
  • the Clay Vale - embracing the low-lying, gentle landscape which overlies the Gault Clay across the centre of the district
  • the River Thames Corridor - the flat, low-lying alluvial land which forms the corridor of the River Thames between Long Wittenham and Goring and includes the lower reaches of its main tributary, the River Thame
  • the Eastern Vale Fringes - the easterly part of the 'shelf' of Lower Chalk and Upper Greensand which forms a belt of higher rolling ground between the low-lying vale and the steep Chilterns escarpment
  • the Central Vale Fringes - the continuation of the Chalk 'shelf', sandwiched between the Chilterns escarpment and the central Clay Vale and Thames Valley, focused upon the denuded arable landscapes around Ipsden
  • the Wessex Downs and Western Vale Fringes - a tract of mixed landscape lying between the River Thames and the district boundary at the western end of the Clay Vale, comprising an area of low-lying land encircled by the chalk hills of the Wessex Downs and the outlying Sinodun Hills
  • the Chilterns Escarpment - the distinctive north-west facing slopes and top of the Chilterns escarpment
  • the Chilterns Ridges and Valleys - the heavily incised dip slope of the Chiltern hills to the north-west of Henley, which forms a distictive landscape of ridges and valleys
  • the Chilterns Plateau and Valleys - the southern part of the Chilterns dip slope formed by a gently dipping plateau dissected by an irregular pattern of shallow valleys
  • the Thames Valley and Fringes - focused upon the corridor of the River Thames around the southern fringes of the Chilterns, including the flat valley floor, the steep valley sides below Goring and the more gentle slopes between Caversham and Henley.

The character areas are shown on Map 2 on page 18. Detailed information about them is contained in the Landscape Assessment. The Landscape Assessment contains enhancement strategies for each of the character areas, the purpose of which is to guide landscape enhancement in the district.

See Map 2: Landscape Character Areas.

3.8

The Council will seek to protect the countryside for its own sake and will give a high priority to retaining the distinctive features of the character areas. In assessing proposals for development, the Council will have regard to the guidance set out in the Landscape Assessment. Development proposals should be integrated into the landscape, protect important local features and where possible contribute to local distinctiveness.

1South Oxfordshire Landscape Assessment 1998, Atlantic Consultants

Areas of Outstanding Natural Beauty

Policy C2

In the Chilterns and North Wessex Downs Areas of Outstanding Natural Beauty the primary aim is to conserve and enhance the natural beauty, special landscape quality and distinctiveness of the area. Development which would harm the beauty or distinctiveness of the area will not be permitted. To be acceptable, development must be of a scale and type appropriate to the area, and be sympathetic in terms of its siting, design and materials used.

3.9

The 1949 National Parks and Access to the Countryside Act provides for the designation of Areas of Outstanding Natural Beauty (AONBs) by the National Parks Commission (now the Countryside Agency). South Oxfordshire contains parts of two AONBs, the Chilterns which was designated in 1965 and the North Wessex Downs which was designated in 1972. Together they form a considerable part of the district and their boundaries are shown on the Proposals Map.

3.10

The Chiltern Hills and the North Wessex Downs are part of a broad belt of chalk upland running across England in an arc from Dorset to Yorkshire. The Goring Gap, where the River Thames carves through the chalk escarpment, forms the boundary between the two Areas of Outstanding Natural Beauty in South Oxfordshire. Although both areas are chalk upland, their character differs; the Chilterns AONB is generally a more enclosed and wooded landscape than the broader more open uplands of the North Wessex Downs. The Chilterns escarpment in South Oxfordshire is particularly impressive, and the beech woods are justifiably famous.

3.11

Designation of an AONB indicates that the landscape is of national significance. The fundamental aim of planning policies in Areas of Outstanding Natural Beauty is to conserve and enhance their natural beauty and landscape quality, although regard will also be had to the economic and social well-being of the area. Development within, or conspicuous from, an Area of Outstanding Natural Beauty, which would be damaging to the beauty or distinctive character of the area, will be strongly resisted. In assessing any proposals for development affecting the character of the AONBs, the Council will have regard to the South Oxfordshire Landscape Assessment 1998. While the Council will make every effort to accommodate pressures for change and development, the conservation and enhancement of the Areas' outstanding visual character will take priority. Major development will not normally be permitted in the AONBs as this would be inconsistent with the aims of designation. Small-scale developments which comply with the other policies in this plan, will normally be permitted if they are in keeping with the landscape character of the area. Care must be taken to ensure that new development is of a high standard and sympathetic to the local area. Attention will also be paid to the need to landscape the setting of any new building, and to preserve and enhance existing features such as trees and hedgerows.

3.12

The Council recognises the importance of maintaining a viable agricultural industry and will work with farmers and landowners to ensure that changes which are subject to planning control respect the beauty of the AONBs, whilst having regard to the economic and social well-being of the area.

3.13

The Countryside and Rights of Way Act 2000, places a statutory requirement on local authorities to produce management plans for their AONBs, except in cases where conservation boards exist, in which case the requirement falls on the board. The management plans look at positive ways of enhancing the beauty of the AONBs. The Chilterns Conference prepared the first Management Plan for the Chilterns in 1994. The Chilterns Conservation Board assumed its full duties and powers in February 2005 and adopted the current AONB Management Plan in June 2005. The plan contains a vision and broad aims for the Chilterns, as well as policies covering a wide range of management issues affecting the AONB. Progress has also been made in the North Wessex Downs which established a Council of Partners in 2001. It adopted a Management Plan for the North Wessex Downs in January 2004. The Council has adopted the Management Plans and will do all it can, within its resources, to pursue their implementation to secure a sound future for the AONBs.

The River Thames and its valley

Policy C3

The distinctive character of the River Thames and its valley and the settlements on its banks will be maintained and, where appropriate, enhanced. Proposals for any form of development which detracts from its special character will not be permitted.

3.14

The River Thames and its valley constitute one of the most attractive features of the landscape of southern England. The section of the river between Reading and Oxford is particularly noted for its special visual and environmental qualities which are, for the most part, unspoilt. One of the main features of the river valley is its peace and tranquillity and it is essential that this is preserved. The Council will take great care to protect this special character and in assessing proposals for development which affect the character of the river, it will have regard to the South Oxfordshire Landscape Assessment. The river is also important for the biodiversity which it supports and this is referred to later in this section. Policies for the recreational use of the river are contained in Section 5.

3.15

Outside settlements, the natural state of the river and its banks should be maintained and therefore proposals for mooring stages and posts, earthworks, and for campshedding the bank will not be permitted, as they destroy natural vegetation and seriously affect the character of the river environment. Where it is necessary to protect the riverbank from erosion, the protective measures should be designed to maintain and enhance the special character of the river and its environment.

The landscape setting of settlements

Policy C4

Development which would damage the attractive landscape setting of the settlements of the district will not be permitted. The effect of any proposal on important local landscape features which contribute to the visual and historic character and appearance of a settlement will be considered.

3.16

The relationship between settlements and their surrounding countryside is a significant element in the character of the area. The links and contrasts between towns and villages and their rural surroundings were often important historically, and the attractive juxtaposition of the two elements is the quintessence of English rural landscapes. The countryside around towns and villages is also highly valued, both visually and for informal recreation. The Council will seek to ensure that the landscape setting of settlements is protected from damaging development. In assessing proposals for development which would affect the landscape setting of a settlement, reference will be made to the South Oxfordshire Landscape Assessment.

Protection of agricultural land

This policy has not been saved beyond 19 January 2009 and will no longer be used.

Policy C5

Development involving the loss of greenfield land, including the best and most versatile agricultural land (grades 1, 2 and 3a) will not be permitted unless there is an overriding need for development that cannot be accommodated on previously-developed land. Where development of agricultural land is necessary, poorer quality land should be developed in preference to higher-quality land, unless other sustainability criteria outweigh the need to protect high-quality agricultural land.

3.17

The presence of best and most versatile agricultural land (defined as grades 1, 2, and 3a of the Agricultural Land Classification) should be taken into account alongside other sustainability considerations when considering planning applications. Where significant development of agricultural land is unavoidable, poorer quality land should be used in preference to that of a higher quality, unless sustainability considerations indicate otherwise. These considerations can include factors such as biodiversity, the quality and character of the landscape, amenity value or heritage interest, accessibility to infrastructure, workforce and markets, maintaining viable communities, and the protection of natural resources, including soil quality. If any undeveloped agricultural land needs to be developed, any adverse effects on the environment should be minimised.

3.18

This policy to protect the best and most versatile agricultural land will also apply to development for 'soft' uses such as golf courses, as a return to best-quality agricultural use is seldom practicable. When assessing proposals for development of all grades of farmland, the Council will also take into account the ability of the remaining land on the holding to be farmed efficiently and the effect of a development on the operation of an adjoining agricultural holding.

Biodiversity

3.19

South Oxfordshire contains a wide variety of wildlife habitats including river valleys, drainage ditch networks and worked-out wet gravel pits, ancient hedgerows and woodlands, and a diverse agricultural use of land. To the north of the district lie the wooded remnants of the former Royal Forest of Shotover and the herb-rich grassland of Otmoor. Much of the district's remaining woodland is ancient, especially in the Chilterns, although the Chilterns also has considerable areas of more recent woodland. These areas of woodland developed following enclosure in the nineteenth century or have been deliberately planted to supply the furniture industry over the past 200 years. Unimproved chalk grassland or downland now survives only in isolated pockets. Nonetheless, the district holds the largest total area of this resource in Oxfordshire. The most extensive areas are near Aston Upthorpe and Moulsford in the North Wessex Downs, and at Aston Rowant National Nature Reserve in the Chilterns.

3.20

Riverside marshes on the Thames near Cholsey and South Stoke provide important breeding, roosting and overwintering sites for birds. The marshes at Cholsey also support a significant population of Desmoulin's Whorl Snail. The floodplain of the Thames and its tributary the Thame extends over the central area of the district. Some meadows on neutral soils survive along the Thames downstream of Oxford, notably near the Wittenhams and Dorchester. The seven, waterfilled, former gravel pits in the Dorchester lakes complex are of ornithological interest and amenity value.

3.21

In 1994 the UK Biodiversity Action Plan (BAP) was published, which set out a programme for the conservation and sustainable use of the country's biological diversity, and identified a range of 'priority' habitats and species of at least national importance. In response to the UK Action Plan, Oxfordshire produced its own Action for Wildlife local BAP framework. This refers to seven priority habitats: woodland; neutral meadows and grazing marsh; chalk and limestone grassland; farmland; heathland; wetland and towns and villages. South Oxfordshire has examples of all seven priority habitat types within the district. The local BAP is supplemented by a series of Habitat Action Plans and Species Action Plans which provide more detailed information on local biodiversity. Further information is contained within Appendix 5 of a study commissioned by the Council entitled Priorities for Nature Conservation 2000, which includes a desk-top audit of the nature conservation resource in the district. An investigation into the landscape character and biodiversity resources of the county has been published in The Oxfordshire Wildlife and Landscape Study (OWLS). These publications should be used as guidance on biodiversity issues within the district.

3.22

Traditionally planning for biodiversity has focused on the protection and management of designated sites and the protection of endangered species. Whilst this is extremely important, the Government recognises that planning needs to take a widened perspective of biodiversity. This includes seeking opportunities to reverse habitat fragmentation through the positive management of features of the landscape, and by using landscape features to build good quality habitat into new development where possible. The maintenance and establishment of wildlife corridors is particularly important in facilitating the movement of species between areas of habitat and encouraging viable populations of plants and animals.

3.23

The Council currently operates a Landscape Conservation Scheme where grants are available towards planting and maintenance of trees, woodlands and landscape features for amenity purposes. Under this scheme the Council will encourage the planting of predominantly native deciduous trees in order to enhance the landscape. Details of this scheme are available from the Council's Forestry Officer. The Council can also provide small scale funding for nature conservation projects, and will encourage all sections of the community to be involved in enhancing the biodiversity interest of their local environment. Further information about this scheme is available from the Council's Countryside Officer.

Biodiversity conservation

Policy C6

In considering proposals for development, the maintainance and enhancement of the biodiversity resource of the district will be sought. Full account of the effects of development on wildlife will be taken. Where there is any significant loss in biodiversity as part of a proposed development, the creation and maintenance of new landscape features, habitats, habitat links and wildlife corridors of appropriate scale and kind will be required to ensure there is no net loss in biodiversity resources.

3.24

The Council will seek to ensure that there is no net loss in biodiversity resources, and where appropriate it will seek gains for biodiversity, when considering development proposals. The Council's approach will include avoiding the loss of or damage to key sites. This is covered in more detail in Policy C7. In addition, where appropriate, conditions will be imposed to protect biodiversity resources from the effects of development. Where there is any significant loss in biodiversity the Council will, through the use of conditions or planning obligations, require the creation of new landscape features and habitats, habitat links and wildlife corridors, which are of equal or greater ecological value than that which is lost. The Council will also consider using its powers to enter into management agreements under Section 39 of the Wildlife and Countryside Act. Where appropriate, the Council will monitor the management prescriptions for key habitats as part of an agreed management plan. Advice will also be sought from English Nature, the County Ecologist and other relevant organisations, as appropriate.

3.25

Even where the loss of countryside or open land is relatively small it is important to take full account of the effects upon biodiversity. The cumulative effect of a number of small-scale developments may seriously damage the integrity of habitats or habitat networks. Likewise, even the smallest opportunities for habitat creation can be significant and can make a contribution to the overall resource.

3.26

An ecological appraisal will be required by the Council wherever it is considered a proposed development could have any potential adverse effects on biodiversity interest, particularly priority habitats and species. It is the responsibility of the developer to undertake an ecological appraisal to ensure that habitats, species protected by law and landscape features will not be harmed by a proposed development, and to establish how any new landscape features and habitats can be designed to complement and integrate with existing features in and around the site. The appraisal should provide adequate information about the effects of the proposed development on the biodiversity value of the site and affected areas, and be used to design any new habitat to create links or stepping stones between existing habitats, where possible. Further information concerning landscape and habitat design is available in the South Oxfordshire Design Guide.

Protection of designated sites

Policy C7

Development that is likely to adversely affect a Special Area of Conservation, National Nature Reserve or Site of Special Scientific Interest will not be permitted. On locally designated sites of nature conservation importance, development that would damage biodiversity interest will not be permitted unless the importance of the development outweighs the local value of the site and unless the loss can be mitigated.

3.27

PPS9: Biodiversity and Geological Conservation states that, "Plan policies and planning decisions should aim to maintain, and enhance, restore or add to biodiversity and geological conservation interests. In taking decisions, local planning authorities should ensure that appropriate weight is attached to designated sites of international, national and local importance; protected species; and to biodiversity and geological interests within the wider environment". The hierarchy of nature conservation designations is set out in Appendix 1.

3.28

There are four candidate Special Areas of Conservation in the district, including Little Wittenham, Hartslock Wood, Aston Rowant and the Chiltern Beech Woods. English Nature has also designated 38 Sites of Special Scientific Interest (SSSIs) in the district and those containing priority habitat are listed in Appendix 2. All these designations are shown on the Proposals Map. The sites are designated because of their flora or fauna, or because of the geological or natural features which they possess. The publication: Sites of Special Scientific Interest in Oxfordshire, produced by English Nature in 1997, provides a detailed description of each SSSI, its particular scientific value and a list of operations which are likely to damage the special interest of the site. Owners and occupiers of these sites have a duty to give four months' notice to English Nature of their intention to carry out potentially harmful operations. The Council has a statutory duty to consult English Nature when development proposals are submitted which could affect a National Nature Reserve or an SSSI. PPS9 states that, "Where a proposed development on land within or outside a SSSI is likely to have an adverse effect on an SSSI (either individually or in combination with other developments) planning permission should not normally be granted". Further information concerning procedures affecting SSSIs is provided in an English Nature publication entitled: Sites of Special Scientific Interest and in ODPM Circular 06/2005 Biodiversity and Geological Conservation - Statutory obligations and their impact within the planning system.

3.29

Local Nature Reserves are statutorily designated sites of at least local importance for nature conservation. Unlike SSSIs and National Nature Reserves, these sites are designated by local authorities under Section 21 of the National Parks and Access to the Countryside Act 1949. They are often highly valued by local people and are designated for their local interest. They are listed in Appendix 3

3.30

County Wildlife Sites are significant in the county context. The County Council has identified approximately 79 County Wildlife Sites in the district and they are listed in Appendix 3. These sites are based on information provided by English Nature, the Berkshire, Buckinghamshire and Oxfordshire Wildlife Trust (BBOWT) and other nature conservation bodies. English Nature has also prepared an inventory of ancient woodland sites throughout Oxfordshire, and the Council will seek the views of English Nature on proposals relating to a site in this inventory. There are no Regionally Important Geological and Geomorphological Sites (RIGS) in the district.

3.31

On some sites of local interest it may be possible to permit development if a replacement habitat is secured. However, many wildlife habitats have taken many decades, and in some cases centuries, to establish and are therefore irreplaceable. Development which would damage such sites will not normally be permitted particularly where the site supports priority habitats and species.

Species protection

Policy C8

Development that would have an adverse effect on a site supporting a specially protected species will not be permitted, unless damage to the ecological interest can be prevented through the use of planning conditions or planning obligations.

3.32

In addition to important habitats, there are a number of individual plant and animal species that are specially protected by law, primarily because of their endangered status. 'Specially protected species' which are rare or threatened in Europe are protected under the Habitats Regulations 1994. Those species which are rare or threatened nationally are identified in Schedules 1, 5 and 8 of the Wildlife and Countryside Act 1981(as amended), and some, such as badgers, are protected under their own legislation. Other species have been identified by the Government in response to Section 74(2) of the Countryside and Rights of Way Act 2000 as species of principal importance for the conservation of biodiversity. Lists are available from the Department for Environment, Food and Rural Affairs (DEFRA). Information about species found in South Oxfordshire that are included in the shortlist of globally threatened and declining species, and locally rare species are contained in a series of Habitat Action Plans. Certain species, such as otters and water voles also have their own Species Action Plan. It is important to protect these species from potentially damaging development.

3.33

Species such as barn owls and bats, can sometimes be threatened by proposals to re-use old or redundant buildings. Where protected species are present or are likely to be present in buildings proposed for conversion or alterations, the Council will require the developer to carry out a species survey in consultation with English Nature and the report of survey will accompany the planning application. English Nature will advise the Council how it considers that the application should be determined. Where species protection measures can be sensitively incorporated into the development or where the relocation of the species is a practical option, planning permission may be granted. A developer must obtain a site licence from the Department for Environment, Food and Rural Affairs (DEFRA) before carrying out any activity in connection with a development that would affect bats, except where the activity is to take place within a dwelling house.

Landscape features

Policy C9

Any development that would cause the loss of landscape features will not be permitted where those features make an important contribution to the local scene, and/or provide all or part of an important wildlife habitat and/or have important historical value. Where features are retained within the development site, conditions will be used to ensure that they are protected during development and have sufficient space to ensure their survival after development.

3.34

Landscape features include woodland, trees, hedgerows, lakes, ponds, river corridors, minor watercourses and drainage ditches. These features are important for their landscape and amenity value and contribute to the local distinctiveness and character of an area. They can also form all or part of a wildlife habitat or network of features and often have important historical value. Ancient trees can be of particular value to wildlife and further information about these and other habitats and species is provided in the Habitat Action Plans which form part of the Local Oxfordshire BAP.

3.35

The Environment Agency produces Local Environment Action Plans (LEAPs) which provide a framework for protecting and enhancing the local environment around a specific river catchment. The LEAPs for the catchment of the Rivers Thames, Pang and Wye, Thame Valley, and Thames and Ock, all provide important information when considering the effect of development proposals upon the water environment in the district.

3.36

Trees, either as individual specimens, groups or areas of woodland, make an outstanding contribution to the landscape. They add beauty, colour and seasonal change to the built and rural environments and they are highly valued for their commercial and biodiversity importance. In a wider sense, they also have a role in influencing climatic change by acting as a sink for atmospheric pollution. Although matters to do with tree planting and felling are generally beyond the scope of the District Council, there are a number of areas within its influence. These include the control of tree felling and pruning in conservation areas, making Tree Preservation Orders, protecting existing trees and requiring new planting on development sites, commenting on tree felling licences and giving grants for small-scale amenity planting.

3.37

The Council will protect trees of significant amenity importance which are worthy of retention and considered to be at risk, by making Tree Preservation Orders. These Orders, however, cannot be made on areas of woodland which are subject to management agreements with the Forestry Authority. Generally trees protected by an Order can be felled or have works carried out to them only with the consent of the Council. When trees have to be felled, the Council will normally require replanting, preferably with a tree of the same species, unless an alternative would be more suitable.

3.38

Similarly, when new development takes place, the Council will normally impose conditions to ensure the retention of important trees and hedgerows. The Council will also require the protection of trees during the development process. Further guidance on this is available from the Council. If development would result in the loss of important trees and hedgerows, planning permission will normally be refused. Exceptionally, where the approval of a development involves the loss of landscape features, the Council will require replacement features to be provided and maintained on or near the site. Where this involves the felling of a tree, replacement trees should be provided. These exceptions will only be permitted where a feature is in decline, has a limited number of years of life, or the need for the development outweighs the loss incurred.

3.39

The Council has control over tree felling, lopping or pruning in conservation areas, on trees protected by Tree Preservation Orders and when covered by a condition on a planning permission. Proposals for tree felling, lopping or pruning which would seriously diminish the visual quality of the area, will normally be opposed. When considering applications to carry out such work the Council will take account of good arboricultural practice, the effect of the trees on nearby properties, and the contribution they make to the visual quality of the area.

3.40

Owners wishing to cut down more than a certain volume of timber must generally apply to the Forestry Authority for a tree felling licence. There is close consultation between the Forestry Authority and the Council on felling licences, especially in Areas of Outstanding Natural Beauty. The Council recognises that trees are a commercial crop that will need to be felled and replanted, and the Council will negotiate with the Forestry Authority to ensure that felling is carried out in a way which minimises the effects on the landscape. While proposals for felling which would seriously diminish the quality of the landscape will normally be opposed, the Council will try to ensure that good management practice is introduced to maintain the long-term visual quality and wildlife interest of woodlands, to the best effect.

3.41

The Hedgerow Regulations 1997 require landowners to issue the local planning authority with a 'Hedgerow Removal Notice' before removing a hedgerow. The Council has the power to issue a 'Hedgerow Retention Notice' where a hedgerow is deemed important. Hedgerows are an essential part of the rural landscape and they provide a valuable refuge for a wide variety of plants and animals. Many of them are of historic interest because they demarcate ancient boundaries. They provide windbreaks and assist in reducing soil erosion. They can also provide excellent natural screening to soften the impact of development on the landscape. In the past many hedgerows have been removed to improve the efficiency of farms, and others have been lost through neglect, poor management and stubble burning. However, the value of hedgerows is now being recognised and stubble burning is now illegal. New hedgerows are being planted as farmers recognise their value and grants are available from DEFRA.

3.42

The Council will encourage landowners and farmers to retain and regenerate existing hedgerows and to plant new hedgerows where appropriate. The Council will also encourage landowners to allow saplings to establish in hedgerows and grow to maturity. Where a planning permission results in the removal of a hedgerow the Council will ensure new planting with a mixture of species natural to the area. In some cases planning permission may be refused if a proposed development would result in the loss of an important or ancient hedgerow. The Council is willing to advise on the proper management and planting of hedgerows and can also provide small scale funding under the Landscape Conservation Scheme referred to in paragraph 3.23.

The Chilterns woodlands

3.43

The Council supports the effective management of the Chilterns woodlands. The majority of trees in the Chilterns are old and few are young and healthy enough to remain as features while new crops take their place. A very high proportion of the woodlands were established in the early to mid-nineteenth century and many have been allowed to grow to maturity and beyond, without controlled replacement. From the age of about 130 years beech trees start to deteriorate. This process starts earlier and can be more rapid on the poorer soils of the scarp and coombe sides. The woodlands continue to be threatened by grey squirrels which strip the bark from tree trunks during their mating season in spring. This can destroy or severely restrict the growth of young, thin-barked trees such as beech and sycamore.

3.44

The Chilterns Conservation Board recognises in its Management Plan: A Framework for Action 2002 the lack of appropriate management of the Chiltern woodlands which has been a problem for many years. It recognises that without controlled clearance and replanting, very large areas of woodland will continue to decline within a short space of time. The Management Plan contains a number of policies which seek to encourage better and active management of existing woodlands. The Council endorses these policies and will support the planting of mixed woodlands including beech, oak, ash, hornbeam, wild cherry and hazel. Beech will be favoured in certain locations where it is desirable for amenity reasons and when the site is suitable and grey squirrel control is likely to be effective.

The Green Belt

3.45

The retention of the special historic character of Oxford is one of the fundamental objectives of planning policy in Oxfordshire. The special character of Oxford is comprised not only of the University buildings themselves and the views of the "dreaming spires" from the surrounding hills, but also the wedges of open land which extend along the floodplains of the River Thames and Cherwell into the City, and the general area of attractive countryside which surrounds the City and creates its wider setting. The scale of activity in this area is an important determinant of its character. Any significant increase in the level of activity will result in increased pressures for development which threaten the character and setting of the City.

3.46

For over thirty years land in the north-west quadrant of the district around Oxford has been designated as Green Belt, where there is strict control over new development. Formal proposals for a Green Belt around Oxford were made in 1958. In 1975 the Secretary of State approved the outer part of the Green Belt but an extensive inner area was left as interim Green Belt pending the adoption of local plans. The Central Oxfordshire Local Plan, adopted in 1992, finally defined the boundaries of the Green Belt within South Oxfordshire and the South Oxfordshire Local Plan made no changes to these boundaries.

3.47

The Oxfordshire Structure Plan states that within the Green Belt around the built-up area of Oxford, land will be kept permanently open and development severely restricted. The purposes of the Green Belt are to:

  • preserve the special character and landscape setting of Oxford
  • check the growth of Oxford and prevent ribbon development and urban sprawl
  • prevent the coalescence of settlements
  • assist in safeguarding the countryside from encroachment
  • assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

The extent of the Green Belt

Policy GB1

The special character and landscape setting of Oxford will be protected by a Green Belt, the boundaries of which are shown on the Proposals Map.

3.48

The Green Belt boundaries shown on the Proposals Map are those adopted in 1992. The Council considers these boundaries to be entirely appropriate in that they were endorsed by the Inspectors at the Local Plan Inquiries in 1991 and 1994, meet the objectives of the Oxford Green Belt as set out in the Structure Plan, and satisfy the designation criteria defined in Government advice.

3.49

PPG2: Green Belts, advises that where existing local plans are being revised and updated, existing green belt boundaries should not be changed unless alterations to the structure plan have been approved, or other exceptional circumstances exist, which necessitate such revision. The Oxfordshire Structure Plan states that circumstances were not so exceptional as to justify a review of a Green Belt so recently fully established. No changes have, therefore, been made to the Green Belt boundary in this plan.

New buildings in the Green Belt

Policy GB2

Within the Green Belt the construction of new buildings will not be permitted except for the following purposes:-

(i)

agriculture and forestry (unless permitted development rights have been withdrawn);

(ii)

essential facilities for outdoor sports and recreation, for cemeteries, and for other uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it;

(iii)

the limited extension, alteration or replacement of existing dwellings where consistent with Policies H12 and H13;

(iv)

limited infilling in existing villages which have an adequate range of services and facilities provided it complies with the requirements of Policy H5; and

(v)

limited affordable housing provided it complies with Policy H10.

The major developed sites of Oxford Brookes University, Culham Science Centre, No 1 Site, Culham and Sandford Sewage Treatment Works are considered in Section 9.

3.50

Within the Green Belt the basis of development control is a presumption against inappropriate development. This is set out in Policy GB2 which also sets out the forms of development which, under certain circumstances, may be acceptable within the Green Belt. This policy reflects the advice given in PPG2 Green Belts.

3.51

The construction of buildings for agriculture and forestry is considered in Policy A1. Essential facilities, as set out in criterion (ii) above, should be genuinely required for uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. The purposes of the Green Belt are set out in paragraph 3.47 above. The limited extension of dwellings is also not inappropriate development provided that it complies with the criteria in Policy H13 and with the policies in Section 4 of this plan. The replacement of existing dwellings need not be inappropriate, providing the new dwelling is not materially larger than the dwelling it replaces and the proposal meets the criteria in Section 4. Proposals for replacement dwellings outside villages should comply with Policy H12 and the policies in Section 4. The Council's policy for affordable housing on 'exception sites' is set out in Policy H10.

Changes of use of existing buildings

3.52

Proposals for the re-use of rural buildings are covered by Policy E8 in Section 6. Proposals for the change of use of buildings within settlements will be considered against the policies for the use proposed and policies in Section 4.

The use of land in the Green Belt

This policy has not been saved beyond 19 January 2009 and will no longer be used.

Policy GB3

Within the Green Belt the carrying out of engineering and other operations and the making of any material change in the use of land will not be permitted unless the openness of the Green Belt is maintained and there is no conflict with the purpose of including land within the Green Belt.

3.53

This policy reflects the advice given in paragraph 3.12 of PPG2, as revised. It covers any development in the Green Belt other than the erection or change of use of buildings, and emphasises that development will only be appropriate if it maintains the openness of the Green Belt and does not conflict with the purposes of including land within it. The purposes of the Green Belt are set out in paragraph 3.47 above. Proposals should also be considered against other policies in the plan relating to the use proposed and to the general policies which apply to all forms of development.

3.54

Outdoor sport and recreational uses are often sought within the Green Belt. In some cases these uses, particularly where they involve associated car parks, floodlights and/or ancillary structures, can have an impact on the openness of the Green Belt and accordingly would be inappropriate development.

Visual amenity

Policy GB4

Where new development is permitted, either within or where it would be conspicuous from the Green Belt, it should be designed and sited in such a way that its impact on the open nature, rural character and visual amenity of the Green Belt is minimised.

3.55

This policy reflects the advice given in paragraph 3.15 of PPG2. The Council considers that, although the primary aim of green belt policy is to keep development within the Green Belt to a minimum, some development will take place and it is essential that such development, either within or just outside the Green Belt, should be most carefully designed and sited so that its impact on the character of the Green Belt is minimised.

3.56

One of the purposes of the Oxford Green Belt is to protect the special character of Oxford and its landscape setting. The University City can be best appreciated from certain elevated viewpoints, and such views of Oxford's spires, towers, pinnacles and domes in a setting of trees and green fields are justifiably celebrated.

3.57

The protection of the skyline and townscape of Oxford has been a policy of Oxford City Council since it produced its report High Buildings in Oxford in 1962. This described certain well-known viewpoints which are accessible to the public. One of these is within South Oxfordshire on the Elsfield Road, just south of Elsfield village. The District Council will support the City Council in seeking to protect this view of the skyline of Oxford. There are, of course, other views of the City which are worthy of similar consideration.

The Historic Environment

Introduction and historical background

3.58

The geology of South Oxfordshire is varied, with limestone in the north west around Oxford giving way to clay in the central vale, and then to chalk in the Chilterns and North Wessex Downs to the south. This varied geology has naturally had its effect on the building materials traditionally employed locally. In the south east, soft red brick and flint are the most commonly used building materials, but in the south west there are many houses and cottages of timber-framed construction. In the stone belt around Oxford, limestone is used, although it is often the friable clunch, a chalkstone formerly used throughout the district as a local building material. Cob or baked earth is also found, most usually in boundary walls, but also in cottages and farm buildings.

3.59

Thatched roofs, traditionally of long straw with plain, flush ridges, are a common sight in the district and there are also many attractive clay tile roofs and some tile hanging. Slate, too, makes its own contribution, particularly in towns, and there are some stone slate roofs in the north of the district.

3.60

Henley-on-Thames is one of the most important historic towns in Oxfordshire. It is sited by a prehistoric ford over the River Thames where two ancient route-ways converge, but the topography of the town centre as it survives today is predominantly that of the planned town, founded in the late twelfth or early thirteenth centuries. The approximate area of the medieval town is bounded by New Street to the north, Friday Street to the south, the river to the east and the upper end of Market Place to the west. It is characterised as a planned town by its rectilinear layout, the regularity of its house plots and the width of the principal commercial street, extending from the east end of Hart Street to the present Market Place. Competition for space was a common feature of town life in the Middle Ages, every property owner in the centre of the town wanting to have a frontage onto one of the chief commercial streets. This led to the creation of long narrow plots of land, known as burgage plots after the townsmen or burghers who occupied them. The frontages of these plots, especially those on the main street, were often used for shops, usually with living accommodation above which extended to the rear. Behind the main building were ancillary outbuildings, some connected with the keeping of livestock, while the rear of the plots was often used for the digging of cesspits and domestic refuse pits.

3.61

The chief economic importance of Henley in the late Middle Ages was as a collecting centre for grain grown in the Upper Thames Valley and its shipment to London. This trade continued into the seventeenth and eighteenth centuries and, coupled with the development of the malting industry and the town's new importance as a coaching halt, resulted in a period of considerable prosperity. During the eighteenth century several houses were built in the fashionable Georgian style, but even more characteristic of the time was the re-fronting in brick of earlier timber-framed buildings, many examples of which are to be seen in the centre of the town.

3.62

Despite a period of marked economic decline in the mid-nineteenth century, the arrival of the railway in 1857 provided some impetus for expansion, mainly to the south of the historic core. Even more important, however, was the increasing number of visitors attracted to the town by the river, especially after the creation of the Henley Regatta. This quickly led to the redevelopment of the river frontage, which previously had been occupied by warehouses associated with the grain shipping business. The private boathouses along Wharfe Lane are a striking symbol of the new recreational role for the river. The increasing demand for middle-class housing was met by the creation of the St Mark's estate in the late 1880s, while the large Edwardian houses in Norman Avenue are clearly influenced by Sir Frank Crisp's idiosyncratic Friar Park of 1896.

3.63

Thame stands at the centre of an ancient road network. The original settlement was sited by the crossing of the River Thame in the area around the Prebendal House and the parish church of St Mary. New Thame was founded by the Bishop of Lincoln on a site to the east of the old village, probably in the second half of the twelfth century, and a market charter was granted for the new development in 1215. This action seems to have had the desired commercial effect and Thame quickly developed into a flourishing market town. A survey of 1230/34 records 63 burgesses paying a shilling rent for their strips, and by 1258 the number had increased to 76.

3.64

The circumstances of the foundation of Thame as a medieval new town have clearly left their mark on its present-day topography and still make a substantial contribution to the town's interest and character. As a planted commercial speculation on some 50 acres of undeveloped land, it was deliberately planned to provide a generous market area in the principal trading street. The area of the medieval market was concentrated at the point where the principal street forms a considerable bulge. This is a characteristic feature of many deliberately planned medieval market towns. Originally the area would have been occupied simply by stalls and covered booths, the predecessors of the modern weekly market, but as early as 1221 there were permanent encroachments in the middle of the street. This occurred particularly in the area now bounded by Buttermarket to the north and Cornmarket to the south and is a clear indication of the market's early success. It is significant that some of Thame's earliest surviving buildings, such as The Bird Cage and the former Saracen's Head, are sited in this area, which is characterised by its high-density development and narrow interconnecting alley-ways. Another typical feature of Thame's medieval past, as at Henley, are the burgage plots. In Thame they survive on both sides of High Street and Upper High Street, those on the south being defined to their southern boundary by Southern Road, the original back lane, which serviced the rear of the plots.

3.65

In addition to the exceptional significance of its plan, Thame is also an exceedingly attractive market town. The historic buildings in the town centre range in date from at least as early as the fifteenth century down to the end of the nineteenth century. They include a number of rare survivals, such as several cruck-framed buildings, as well as the more obviously interesting examples of their periods like The Bird Cage and Spread Eagle inns, and the polite town-houses at No. 15 High Street and No. 13 Upper High Street. A number of earlier buildings were refronted in brick in the eighteenth century or in stucco in the nineteenth century and, following the arrival of the railway in 1858, the ubiquitous Welsh slate and Victorian bricks made their own contribution to the appearance of the town, especially in the suburbs of Park Street and East Street.

3.66

Wallingford has a long history, with evidence of prehistoric and Roman occupation, but it was probably not until the late ninth century that it became a major settlement. This is the original date of the surviving earthwork defences and the town is mentioned in the Burghal Hidage (c.919), which lists defended strongholds in Wessex. The creation of the defensive rampart and ditch was accompanied by the formal laying-out of an internal street pattern. By the time of the Domesday Book (1086) the town was of some importance with its own mint and market. The survey mentions 491 houses, some of which were destroyed by the building of the Norman castle in the north-east corner of the town. The castle was used as a royal residence from the early thirteenth century until c.1385, when it began to fall into decay.

3.67

Indeed, the town itself had begun to decline from its former importance as early as the mid-thirteenth century, reaching its nadir in the mid-seventeenth century following the siege of the re-occupied castle and the destruction of houses in the Civil War. Happily, revival stirred in the nineteenth century with the opening of railway connections and in recent years Wallingford has once more become a prosperous small market town.

3.68

Much of the town's early medieval topography is reflected in its street pattern and open spaces. The extensive earthworks of the castle and the masonry fragments of the College of St Nicholas survive in the north-east corner of the town and in the north west lay the Benedictine priory of Holy Trinity. In addition to the chapels attached to the castle and priory, there were at one time at least 11 parish churches, only 3 of which survive. Many fine buildings of all periods remain in Wallingford. The George Hotel is a good example of a later medieval timber-framed structure and No. 18 High Street has a fourteenth-century vaulted undercroft. The Town Hall (1670) is the centre piece of the rejuvenated Market Place and, as one would expect, there are many attractive eighteenth and early nineteenth-century re-frontings of earlier buildings, both here and in the other principal streets of the town.

3.69

Didcot is mainly a nineteenth-century creation. The arrival of the Great Western Railway in 1839 and the creation of a junction at Didcot in 1844 had a profound influence on the development of the town, the results of which remain clearly visible to this day. The station was built about half a mile to the east of the existing village and the development which followed was initially concentrated in the immediate environs of the junction. A link between the nineteenth-century railway village of Northbourne and the station complex of hotels, corn exchange and coal depot did not come until 1903, when the Railway Company constructed the long row of terraced housing on the west side of Station Road. At about the same time the Broadway began to be developed for housing. By the 1930s the Broadway had become the principal shopping centre for the town, serving the new residential areas which had grown up to the south during the previous decade.

3.70

All these momentous changes of the nineteenth and twentieth centuries took place in an area surrounding the original village, but largely separated from it. Even the modern estate developments of the 1950s onwards were principally confined to those pockets of open farmland which still survived at that date and by and large avoided an excessively urban encroachment on the nucleus of the village. In consequence, it is one of the unexpected charms of Didcot that the village character of the medieval settlement survives unimpaired, even though it is surrounded on all sides by the visible evidence and the causes of its post-industrial expansion. The area of the old village is well defined by the parish church of All Saints to the north, the principal surviving farm houses of Smith's Farm and Manor Farm to the west, and Blagrave Farm to the east, and the track which links Lydalls Close to Lydalls Road to the south. This area contains the great majority of Didcot's listed buildings.

3.71

South Oxfordshire's villages are long established and form an essential part of the district's character. These range from former small towns like Dorchester and Watlington to isolated hamlets like Mackney and Stoke Talmage. Likewise, there are several important country houses, such as Mapledurham, Thame Park and Woodperry House, which lend distinction and interest to the landscape.

Listed buildings

Policy CON1

Proposals for the demolition of any listed building will not be permitted.

3.72

Listed buildings are a finite resource and an irreplaceable asset. Along with other physical survivals of the past, they are, in the words of PPG15: Planning and the Historic Environment, "to be valued and protected for their own sake, as a central part of our cultural heritage and our sense of national identity…Their presence adds to the quality of our lives, by enhancing the familiar and cherished local scene and sustaining the sense of local distinctiveness which is so important an aspect of the character and appearance of our towns, villages and countryside". The guidance in paragraphs 3.16, 3.17 and 3.19 of PPG15 will also be taken into account in considering any schemes involving the demolition of listed buildings.

3.73

The statutory list of buildings of special architectural or historic interest is drawn up by the Department for Culture, Media and Sport and is administered by the District Council as local planning authority. Buildings on the list are categorised at Grades I, II* and II as an indication of their relative importance. For the purposes of the local plan policies, 'listed building' has the same meaning as in the Planning (Listed Buildings and Conservation Areas) Act 1990 i.e. it includes curtilage structures. This means that specific consent is required for any demolition or any alteration or addition which affects the character of the building as a building of special architectural or historic interest. The carrying out of such works without listed building consent is a criminal offence which could attract stringent penalties including, in certain circumstances, imprisonment.

3.74

It is important to realise that internal works can affect the character of a listed building just as surely as alterations to the elevations, and consequently they are subject to the same legislation. The Council's Conservation and Design Team will be pleased to advise individual owners as to whether listed building consent is necessary for any particular works. Listing is a continuous process and the standards are revised from time to time. A major national resurvey was carried out between 1984 and 1988, which increased the number of listed buildings in the district to 3,273. However, the lists are not closed and additions will be sought when new discoveries are made or as perceptions of that which is architecturally or historically valuable change. Where a building is considered to be under threat from proposals to alter or demolish it, the Council may protect it by serving a Building Preservation Notice or by requesting the Department for Culture, Media and Sport to 'spot-list' the building.

3.75

The list for Henley was last revised in 1974 and the town was not included in the resurvey of the lists for the remainder of the district. Consequently, the list is somewhat out of date by current standards. Some of the 62 buildings included on the 'local list' in 1974 (a category which has no legal significance) might be considered to be of listable quality by the current criteria, but the Department for Culture, Media and Sport has no plans to resurvey Henley in the foreseeable future. In these circumstances, the Council will appraise the architectural and historic character of any building on the 'local list' which is the subject of an application for planning permission and, where appropriate, will press for its inclusion on the statutory list in order that it is adequately protected.

3.76

PPG15 recognises that successful conservation is directly linked to economic prosperity. Historic buildings should be seen as an asset. Not only is the preventable loss of historic fabric through neglect a waste of economic as well as environmental resources, but also by ensuring attractive living and working conditions and encouraging inward investment, informed conservation plays a major role in the continuing economic prosperity or regeneration of an area. Historic buildings and areas are also of vital significance for tourism, leisure and education. Most historic buildings remain capable of a beneficial use. With a little imagination and determination there are few buildings which cannot be sympathetically adapted to modern needs so that they can continue to enhance their surroundings. Arguments for demolition based on the dilapidated condition of a building are generally the result of neglect of normal maintenance procedures and seldom stem from any inherent structural fault that cannot be eradicated. The owner of a listed building has a responsibility to ensure that the building is maintained in a sound condition. If an owner of a listed building fails to maintain it properly the consequences are serious for building and owner alike as the Council has the power to serve an Urgent Works Notice or Repairs Notice on any owner who neglects a listed building. In the latter case this could result in the compulsory purchase of the property. The Council will make full use of its powers under the Act to serve Repairs Notices and Urgent Works Notices to prevent the neglect of listed buildings.

Alterations and extensions to listed buildings

Policy CON2

Any extension to a listed building must be appropriate to its character, must be sympathetic to the original structure in design, scale and materials and must not dominate or overwhelm it.

Policy CON3

Any alteration to a listed building must respect its established character and not diminish the special historical or architectural qualities which make it worthy of inclusion on the statutory list.

3.77

Proposals affecting listed buildings must always be justifiable. As stated in paragraph 3.4 of PPG15 "(applicants) will need to show why works which would affect the character of a listed building are desirable or necessary. They should provide the local planning authority with full information, to enable them to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting." The Council will expect all applications for listed building consent or related planning applications to include a description of the proposals with a reasoned justification for them and specifications, drawings and illustrations at an appropriate scale which allow the impact of the proposals to be assessed against a full understanding of the special architectural and historic qualities and features of the building and its setting. Where this is not done, the Council will not register applications for listed building consent and related planning applications until the required information is provided. Further information on this point can be found at paragraph B.3 (Annex B) of PPG15.

3.78

The threat to the intrinsic character of an historic building by unsympathetic alterations or additions is a serious one. Great care must therefore be taken when considering alterations to a listed building to ensure that the features which made it worthy of listing in the first place are not destroyed, nor the building's special architectural and historic character diminished by the proposal.

3.79

When proposing alterations to a listed building it is important to respect its established character and any extension should generally be subservient to the original structure. In achieving this aim, careful attention must be paid to the design, bulk and materials of any proposed extension, which should always complement rather than overwhelm or directly compete with the listed building. In most cases the solution will be sought through the use of traditional materials and design but there may be instances where contemporary materials and design will be appropriate.

3.80

Most listed buildings are capable of being extended sympathetically in a manner which respects the character and form of the original building, but it should also be recognised that some buildings (especially small buildings such as lodges, tollhouses and some cottages) are not. Such structures often rely on their small scale and architectural simplicity for their importance and cannot be extended without fundamental diminution of these special qualities.

3.81

It should also be realised that in order to protect their essential agricultural character many listed farm buildings, especially large former threshing barns, will not be regarded by the Council as suitable for residential conversion.

3.82

Equal care must be taken in carrying out alterations to a listed building, even where these works might appear relatively minor. The undesirable effects of sealed-unit double-glazed windows, particularly where manufactured of uPVC or aluminium, on the character of historic buildings are now widely recognised. Similarly, the appearance and long-term maintenance of historic buildings can be severely compromised by inappropriate pointing or cleaning techniques and the painting of previously unpainted brickwork or stonework.

3.83

The interiors of listed buildings (whatever their grading) are protected by law and, as PPG15 makes clear, their alteration is subject to the same controls as those which apply externally. The character of a building can be eroded just as surely by the removal of internal walls, fireplaces and staircases, or the substitution of original doors and cornices by modern ones, as it can by more obvious alterations to the outside.

3.84

South Oxfordshire is an area rich in thatched buildings and in recent years there have been considerable advances in promoting the use of traditional thatching materials and methods with the result that plain, flush ridges and other traditional detailing are again frequent sights in the district.

3.85

In order to accord full weight to these issues, all of which are subject to control through the need for listed building consent and in recognition of the advice contained in paragraph 2.5 of PPG15, the Council has produced a guidance note Repairs to Historic Buildings.

Use and changes of use of listed buildings

Policy CON4

A change of use of part or the whole of a listed building will be permitted only if its character and features of special architectural or historic interest would be protected. Proposals for a change of use should incorporate details of all intended alterations to the building and its curtilage, to demonstrate their impact on its appearance, character and setting.

3.86

As PPG15 makes clear, "the best way of securing the upkeep of historic buildings is to keep them in active use". Frequently, this will be the original use but not all uses will now be viable (nor in some cases desirable) and "in principle the aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the historic building".

3.87

While this calls for flexibility and imagination on behalf of the local planning authority in considering schemes for re-use, it also needs to be recognised that some proposals may not necessarily be regarded as compatible with the building's character. Assessing the best use for a listed building is one of the most important and sensitive judgements that those involved in conservation have to make. In balancing the economic viability of possible uses against the effect of any changes to the special architectural and historic interest of the building, the Council will ensure that the latter is safeguarded. Where planning permission is required for a change of use, the Council will not permit a use which is likely to be damaging to the character of the building or its fabric. In instances where major alterations to a building are likely to be made as a result of a new use, a planning application for change of use is unlikely to be determined without an accompanying application for listed building consent. Proposals for the change of use of rural buildings will also be considered in relation to Policy E8.

Enabling development

3.88

In response to the increasing number of applications involving listed buildings where the issues of viability and enabling development are key issues, English Heritage has produced the policy statement, Enabling Development and the Conservation of Historic Assets. This makes it clear that permission for 'enabling development' should only be granted where the applicant can demonstrate that the proposal meets a number of strictly defined criteria. Permission should not be granted unless a convincing case can be made that the benefits substantially outweigh any disbenefits, not only to the historic asset and its setting, but to any other relevant planning interests of acknowledged importance.

3.89

The Council will be guided by this policy statement and will take it into account in determining proposals for 'enabling development'.

The setting of listed buildings

Policy CON5

Proposals for development which would adversely affect the setting of a listed building will be refused.

3.90

The setting of a listed building is often an essential feature of its character. This applies not only when gardens or grounds have been laid out as an integral part of the design, or where the building forms part of an attractive street scene or rural landscape, but also to instances when proposed development would reduce the area of land historically associated with the building. Many historic buildings in South Oxfordshire, including those of modest vernacular origin, such as smallholders' cottages, were often built on plots larger than those enjoyed by modern houses of comparable size and such plots are frequently crucial to their character and setting. Proposals to sub-divide these plots for development are often damaging to the setting of the listed building and can divorce it from its original context. Detailed consideration will therefore be given to the effect that any development proposals would have on the character and setting of a listed building.

3.91

It is not only development directly adjoining a listed building which can adversely affect its setting. For example, many of the district's churches are prominently sited and important in the wider landscape and even development some distance away could have an impact on their setting. Most of these buildings are listed at Grade I or II* and particular care will therefore be needed to protect their surroundings.

Conservation areas

3.92

Conservation areas are described in Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as "areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance". Inevitably, these areas will be of many different kinds, ranging from landscaped parks surrounding a historic country house to urban terraced streets or small wayside cottages fronting onto common land. Pleasant groups of buildings, open spaces, trees, an historic settlement pattern, a village green, or features of archaeological interest, may all contribute to the special character of an area, and it is that character, rather than individual buildings, which conservation area legislation seeks to preserve and enhance.

3.93

The designation of a conservation area is a positive process. It does not imply that no further development or change will be permitted within the area, but rather that in considering any development, the Council will pay special attention to the desirability of preserving or enhancing the character of the area. Any proposals will be measured against the policies contained in the plan.

3.94

The boundaries of all designated conservation areas in the district are shown on the Proposals Map. There are different planning controls in conservation areas and anyone proposing development should seek advice at an early stage. The main differences are that in conservation areas specific consent from the Council is needed before any building or part of a building with a volume of more than 115 cubic metres can be totally or substantially demolished, and there is a requirement to give the District Council six weeks' notice of any intention to cut down, top, lop, uproot, wilfully damage or wilfully destroy any tree of more than 75mm (approximately 3 inches) in diameter. All planning proposals which are considered to affect the character of a conservation area will be advertised in the press as well as on site.

3.95

PPG15 and accompanying advice from English Heritage place great emphasis on the value of detailed definition and assessment of a conservation area's special character, both as a sound basis for local plan policies and development control decisions, and to assist in the formulation of proposals for the preservation or enhancement of the area. Approved as supplementary planning guidance and used as evidence of the Council's objective appraisal of a conservation area, they are also useful in the determination of planning appeals. For all of these reasons, the Council has embarked on its own series of Conservation Area Appraisals, based on the model advocated by PPG15. Amongst other features, the studies identify important open spaces, views, trees, walls, archaeological constraints and "Buildings of Local Note", both in text and map form. Sections covering the history and established character of the area are followed by separate Management Plans containing proposals for preservation or enhancement of the area.

Proposals affecting a conservation area

Policy CON6

Consent to demolish a building in a conservation area will be granted only if the loss of the building would not adversely affect the character of the area and, where appropriate, if there are detailed and acceptable plans for the redevelopment of the site.

3.96

Although the legislation does not impose any excessively onerous planning controls, the Council has a statutory duty to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas. To this end, it is unlikely that consent to demolish a building in a conservation area will be granted unless the removal of the building would preserve or enhance the character of the area, or unless there are detailed and acceptable plans for the redevelopment of the site. This general presumption against the demolition of buildings in conservation areas includes, but will not necessarily be limited to, buildings identified as "Buildings of Local Note" in the Council's Conservation Area Character Appraisals.

Policy CON7

Planning permission will not be granted for development which would harm the character or appearance of a conservation area.

The following will be required when considering proposals for development in conservation areas:

(i)

the design and scale of new work to be in sympathy with the established character of the area; and

(ii)

the use of traditional materials, whenever this is appropriate to the character of the area.

The contribution made to a conservation area by existing walls, buildings, trees, hedges, open spaces and important views will be taken into account. Proposals for development outside a conservation area which would have a harmful effect on the conservation area will not be permitted.

3.97

New buildings in conservation areas cannot be considered in isolation but must be seen as part of a larger whole, as worthwhile additions to an area which already has an established and recognised character of its own, and they must be designed to respect and to be in sympathy with that character. Accordingly, in most cases, the Council will ask for detailed plans and drawings to be submitted so that the impact of the proposed development on the special architectural and historic character of the area can be fully assessed. As with extensions to listed buildings, the use of contemporary materials and design will not be ruled out, but it will always be the character and appearance of the area as a whole and the proposed building's ability to blend with that whole which will be of paramount importance.

3.98

The traditional building materials used in the district have been described in the introduction to this section. If the existing character of the district is to be conserved, any new structures within conservation areas should generally be in sympathy with these materials. Where brick is considered to be the correct material for a new development, only that which is of a suitable quality, colour and texture should be used. Where stone is appropriate, only natural stone, laid in the traditional manner and using a lime mortar, will be acceptable. In some instances it will be appropriate to mix materials on a new development or in an extension to an existing building but due regard must always be paid to the predominant traditional building materials of the area or structure concerned. In all cases the materials used should be of the highest quality.

3.99

Properly pitched roofs are an essential part of the character of the district's conservation areas and the Council will seek to perpetuate this traditional form of roofing. Steeply-pitched thatched roofs are of long straw or combed wheat reed (or exceptionally of water reed) and where tiles are used (whether new or reclaimed) it is important that they are hand-made and of the right colour and texture. Roofs with a shallower pitch are usually clad in natural slate and its continued use, often in conjunction with thatch or tile on the same building, will be encouraged by the Council.

3.100

Whether predominantly low-density or high-density, rural or urban, the open spaces between buildings can often be as important an element in the character and appearance of a conservation area as the buildings themselves. This can apply not only to areas of public open space, such as urban parks, recreation grounds or village greens but to privately-owned gardens, where it is not only that which is clearly visible from the street which is important but the perception of open space behind a wall or hedge which contributes to the character and appearance of the area as a whole. Development on the edge of or outside a conservation area, which would damage its character and appearance will not normally be permitted.

Conservation area enhancement

3.101

Under Section 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990, the Council has a statutory duty to formulate and publish proposals for the preservation and enhancement of conservation areas. The Council has carried out a number of environmental improvement schemes in the past, usually in partnership with town and parish councils and it has made budgetary provision for further schemes. Some redevelopment schemes carried out by the private sector have also enhanced particular conservation areas. A good example of this is the recent replacement of the large concrete extension on the west side of the former Field and Hawkins store in Wallingford by a more sympathetic development in the form of five separate traditional buildings. Statutory undertakers can play an important role in the enhancement of conservation areas by, for example, removing unnecessary signs and by siting overhead wires underground. Statutory undertakers will be urged to make such improvements where possible. Individual property owners, too, can play their part, perhaps by considering a co-ordinated repainting scheme in co-operation with their neighbours (although it should be pointed out that there may be occasions where this could require listed building consent) or simply by taking extra care over the regular maintenance of their properties. The Council realises that the conservation of the physical fabric of its towns must involve the co-operation of all concerned, not least the property owner and occupier. The Council's Conservation and Design Team will be pleased to discuss any proposals at a preliminary stage.

3.102

Street furniture, lighting, signs and the floorscape can make a vital contribution to the character of a conservation area. In terms of floorscape, efforts will be made to retain or reintroduce, where appropriate, traditional surfaces such as stone paving. Where new surfacing materials are used, the texture and colour should be sympathetic to the setting. An example of this is shown to good effect in the paved lay-bys in Nuneham Courtenay. It is particularly important that those who carry out work disturbing existing surfaces, should reinstate those surfaces using materials in keeping with the local, historic character of the area. In carrying out its duty to maintain and improve the public highway, the County Council, acting as local highway authority, should consult the District Council on proposed streetworks in conservation areas and take the District's views on the appropriateness of such works into account before proceeding with them. The County Council will also be encouraged to use smaller road traffic signs and narrower yellow lines in conservation areas, wherever possible.

3.103

In certain circumstances, grant aid for schemes of enhancement might be available from English Heritage under the terms of Section 77 of the Planning (Listed Buildings and Conservation Areas) Act 1990, but as the eligibility for national funds is governed by stringent criteria, applicants are advised to liaise with the Council before proceeding with an application. Indeed, while the Council will be pleased to offer advice on all conservation matters, it is important to recognise that the best guardians for the protection of any particular area will be the inhabitants themselves. Accordingly, the Council will give sympathetic consideration to any specific proposals presented by parish councils for the enhancement of individual conservation areas. At a time of severe restraint on public expenditure, it would be unrealistic to expect that any costly schemes would be implemented easily, but in most cases local energy and enthusiasm could be sufficient to carry out significant improvements at minimal cost.

Article 4 Directions in conservation areas

3.104

There are several areas in Wallingford which are subject to a Direction under the provisions of Article 4 of the Town and Country Planning General Development Order 1963. The effect of the Direction is that certain minor works which are usually permitted development require express planning permission. The Direction was imposed in order that the pleasing harmony and contribution to the landscape of these areas was not impaired. Owners and residents in these areas are urged to seek advice from the Council if they are contemplating any works to their property. The specific areas are shown on the Proposals Map.

3.105

In 1903 the Great Western Railway Company built the cottages and houses in Station Road, Didcot, linking the private railway village of Northbourne with the railway junction. Not only were these company houses carefully designed as an architectural group, but they were also laid out on strict hierarchical lines with the ordinary workmen housed in the terraces of six units, the engine drivers in the larger terraced units at the north end, and the foremen and inspectors in the detached houses. The cottages and houses are largely unaltered externally, retaining their original unpainted brickwork, roofing materials and windows. The special character of the area was recognised by its designation as a conservation area in 1982. Nevertheless this character could easily have been lost through permitted development rights. As a result of this potential threat, the Council served an Article 4 direction on the area in 1992. The area is shown on the Proposals Map. The terms of the Direction should ensure that the special historic character of this conservation area is maintained and with this end in view, the Council will be sympathetic to requests for grant aid in the repair and reinstatement of original windows, doors and other features.

3.106

In 1999 the Council served a similar Article 4 Direction on two late 19th-century terraces in Ewelme Conservation Area, as shown on the Proposals Map and Map 3 on page 41. In addition, the long-standing legal agreement between the Council and owners of the buildings in Nuneham Courtenay does much to provide the right level of protection for the unique character of this well-known model village. The Council will make full use of its powers to serve other Article 4 Directions in appropriate cases should the need arise.

See Map 3: Article 4 Direction, Ewelme.

Advertisements in conservation areas and on listed buildings

Policy CON8

Consent will not be granted for the display of signs on a listed building or in a conservation area which are in any way harmful to the character and appearance of the building or area. Where it is accepted that a sign is needed, it should generally be non-illuminated, made of natural materials and to a design and scale reflecting the best traditional practice.

3.107

Most of the commercial centres of the district's historic towns lie within their conservation areas and the advertisement of the services available is essential to their prosperity. However, it is important that this should not be at the expense of the town centres’ unique historic character, which clearly accounts for much of their attraction. The Council, therefore, will exercise the strictest control over advertisements to ensure that the character and amenity of the historic town centres are not adversely affected, and the same considerations will apply in the case of historic village centres.

3.108

Illuminated advertisements (particularly those which are internally illuminated) seldom improve the appearance of an area and can have a detrimental effect on the buildings to which they are attached. Any increase in this form of advertising will be discouraged. Similarly, the flimsy and unsatisfactory appearance of plastic lettering can be seen on a number of shop fascias in the historic towns of the district. No matter how well designed the individual letters are, they rarely succeed in enhancing the building and often appear cheap and shoddy in comparison with more traditional methods. All new shop fascias should be made of natural materials and, where appropriate, legends should be signwritten. Detailed information on appropriate forms of advertising is set out in the Council's guidance document Traditional Shopfront Design Guide. Advice should therefore be sought from the Council's Conservation and Design Team before any advertising is carried out on the exterior of any building in a conservation area.

3.109

The amount of advertising appropriate to a particular building will always depend on individual circumstances. Where a building of character has been converted from residential to commercial use, it is important that any necessary signing should be as discreet as possible if that intrinsic character is to be preserved. In the case of an office use a small brass plaque may suffice, whereas it may be more appropriate for a shop to be advertised by a small hanging sign. Each case will be assessed on its individual merits.

3.110

The display of signs on a building which is listed for its architectural or historic interest can damage the character of the building. Listed building consent will normally be required for signs even if no consent is necessary under the Advertisement Regulations. The character and appearance of a conservation area may similarly be greatly harmed by unsuitable signs. However, the Council recognises that there will always be a need to advertise commercial or retail premises. The Council's design guidance on traditional shopfronts and advertisements, referred to above, is intended to offer helpful advice in this regard.

Blinds and canopies in conservation areas

Policy CON9

Permission will not be granted for the installation of blinds or canopies of non-traditional form or materials on buildings within conservation areas.

3.111

Traditionally, many of the shops in the district's historic towns shielded their windows from the sun by retractable canvas blinds which sometimes carried the name of the establishment. Some of these survive to enliven the street-scene. However, the recent trend for shiny plastic canopies, especially of the 'wet-look' type, which are principally aimed at carrying additional advertising material and drawing attention to the premises, often appear as alien and intrusive features, and do not respect the more subtle traditions of the historic towns. The detrimental effect is compounded where the canopies are of semi-circular or elliptical form which create a prominent extension in front of the building to which they are attached. In certain circumstances some of these features can be erected on unlisted buildings without the need for planning permission, but, on listed buildings particularly, the Council will resist any further examples of this inappropriate form of advertising, in order to maintain the distinctive character of the historic towns.

Burgage plots

Policy CON10

In the historic towns of Henley, Thame and Wallingford the burgage plots to the rear of the principal streets will generally be protected from amalgamation and from development which by its nature would detract from their historic interest, amenity and nature conservation value.

3.112

The burgage plots of Henley, Thame and Wallingford, which are referred to in the Introduction to this section, represent the original property boundaries of all three medieval towns and are among their principal historic assets. The long narrow strips of these plots, usually enclosed by high brick or stone walls, form an obvious barrier to the over development of the rear of properties and encourage the continued mixture of residential and commercial use, which has always been the traditional pattern in the district's historic towns. In addition to their historical and archaeological significance, the plots are an important haven for wildlife and act as a "green lung" in otherwise densely developed and populated areas. Their presence thus contributes in a variety of ways to the special character of the towns' historic centres, which would undoubtedly be devalued by their loss or removal.

3.113

The principal threat to the towns' burgage plots comes from applications to convert historic street frontage buildings formerly in residential or retail use to offices, such change often being accompanied by proposals to extend the property considerably to the rear. Not only can this frequently overwhelm the historic building in terms of scale and size, but also by extending built development into the burgage plots their essentially open character is by definition compromised. The associated demand for private car parking can lead to pressure for new vehicular accesses through historic walls or for amalgamation of the burgage plots themselves into larger property boundaries to accommodate extra car parking or further development to the rear. Even where this does not occur and the car parking can be contained within the original plots, their character is harmed by the hard surfacing of former garden areas and their nature conservation value and role as "green lung" spaces severely reduced as a result.

3.114

Another major and increasingly common threat to the towns' burgage plots are proposals to erect new dwellings towards their rear. While this "backland" development may in some instances retain the original lines of the burgage plots, their boundary walls, some of which are of considerable historic interest in their own right, are often breached to create vehicular access and are extensively rebuilt. Furthermore, the structural permanence of new built development, where there has been none in the past, is particularly damaging to the open nature of plots undeveloped since the foundation of the towns in the Middle Ages.

3.115

The burgage plots of Henley, Thame and Wallingford are not only significant archaeologically and historically as part of their surviving medieval topography but also are part of the continuing life of these towns into the 21st century, thus warranting every effort made to preserve them. A positive way in which their importance could be more widely understood and disseminated is by encouraging public access. Greyhound Walk in Thame has worked very successfully with minimal alteration to the burgage plot as a pedestrian walk-way linking Waitrose to the town centre. In all three towns similar pedestrian links between existing or new public open spaces or buildings will be encouraged, provided that the coherence of individual plots is respected. The approximate extent of the plots is shown on the Proposals Map.

Archaeology and historic building analysis and recording

Policy CON11

There will be a presumption in favour of physically preserving nationally important archaeological remains, whether scheduled or not, and their settings.

3.116

The archaeological heritage is a fragile and non-renewable resource and the Council is responsible for ensuring that archaeological remains are not needlessly damaged or destroyed. The archaeological resource has great social, economic, cultural and educational value for the community and this potential can be developed through suitable management and interpretation.

3.117

The archaeological remains in the planned medieval towns of Henley, Thame and Wallingford are of considerable importance, the whole of their central areas being of potential archaeological significance. Large parts of Wallingford have Scheduled Ancient Monument status (see below), but the archaeological significance of all three towns was recognised as long ago as 1965 when they were included on the Council for British Archaeology's list of the most important historic towns in the country. There are many other nationally-important archaeological sites in the district, including the Thames gravel terraces, Gatehampton and the area around Dorchester-on-Thames, while most parts of the district contain sites of regional or local significance.

3.118

Some archaeological sites and monuments are designated as Scheduled Ancient Monuments and are legally protected under the terms of the Ancient Monuments and Archaeological Areas Act 1979. This Act is administered by the Department for Culture, Media and Sport and is not the direct responsibility of the local planning authority. A list of Scheduled Ancient Monuments is set out in Appendix 3. It is important to recognise that in some instances potential damage to archaeological remains or the setting of an archaeological monument, whether visible or not, will be sufficient to refuse the grant of planning permission.

Policy CON12

Before the determination of an application for development which may affect a site of archaeological interest or potentially of archaeological importance, prospective developers will be required, where necessary, to make provision for an archaeological field evaluation, in order to enable an informed and reasoned planning decision to be made.

3.119

PPG16: Archaeology and Planning stresses that not all important archaeological remains meriting preservation enjoy the special protection provided to Scheduled Ancient Monuments. The Council will need to make informed decisions on development proposals that adversely affect the character or setting of known or potential sites of archaeological interest. Where appropriate, therefore, the Council will require the applicant to provide further archaeological information as part of the application, in order that a reasoned and informed planning decision can be made. Where an archaeological constraint is identified through this process, the onus will be on the applicant to demonstrate how the constraint will be accommodated within the development scheme. The County Archaeological Officer and the County Sites and Monument Record should be consulted at the earliest possible stage to facilitate this process.

Policy CON13

Wherever practicable and desirable, developments affecting sites of archaeological interest should be designed to achieve physical preservation in situ of archaeological deposits. Where this is not practicable or desirable, conditions will be imposed on planning permissions, or planning obligations sought, which will require the developer to provide an appropriate programme of archaeological investigation, recording and publication by a professionally-qualified body.

3.120

There will be occasions when the in situ preservation of archaeological remains will be outweighed by other considerations and in those circumstances, 'preservation by record', that is excavation and recording, will be considered in mitigation. In these cases, the developer will be responsible for implementing and funding a phased programme of excavation and recording, including the processing and primary research necessary to prepare the excavation archive for presentation in a usable form and producing a full report for publication. More detailed analysis and comparative studies, not essential to the interpretation of the site and the ordering and preservation of the site archive, are not considered a legitimate cost for the developer to bear.

Policy CON14

Before the determination of an application which affects a building of archaeological or historic interest, applicants will be required, where necessary, to submit a detailed record survey and analysis of the building. In some circumstances, further survey and analysis will be made a condition of consent.

3.121

As PPG16 makes clear, it is important that a local planning authority has a full understanding of the impact a proposal will have on the character of the building involved. In order to gain this understanding, particularly in the case of multi-phased structures or complex proposals, a detailed record survey and analysis of the building will be required of the applicant. This will increase the understanding of the building's fabric and may also help to demonstrate why the proposed changes are considered "desirable or necessary". In such cases, the record survey and analysis will be needed before the application can be determined. Similarly, where proposals to alter or extend historic buildings involve major structural alterations, which will often reveal earlier historic fabric concealed by later work, the need for further recording and analysis will be made a condition of consent.

Historic battlefields, parks, gardens and landscapes

Policy CON15

Proposals which would damage the character, setting or amenities of a battlefield, park or garden of special historic interest, contained in the English Heritage Registers, will not be permitted.

3.122

Historic battlefields, parks and gardens are an important part of the district's heritage and environment and they comprise a variety of features: the open space itself, views in and out, archaeological remains and, in the case of parks or gardens, a conscious design incorporating planting and water features and frequently buildings. The nature conservation value of historic landscapes is also important; for example, over-mature trees can provide scarce deadwood habitats for a number of rare species of beetle and lichen. There is a need to protect such sites and their settings from new development which would destroy or harm them, and to encourage sympathetic management wherever possible.

3.123

A number of the most important sites have been included on the English Heritage Register of Historic Battlefields and Register of Parks and Gardens of Special Historic Interest. The Registers identify sites of national importance and categorise them at grade I, II* and II. Neither is exhaustive and the local planning authority and members of the public are able to put possible additions to English Heritage, which in 1997 undertook a review of the existing Parks and Gardens Register. Paragraph 2.24 of PPG16 indicates the desirability of protecting such sites from new road schemes and new development generally. The effect of development on historic battlefields, parks and gardens is a material consideration for development control purposes. Registered sites are of national importance, but the district has a number of other sites of regional or local importance which should also be protected from harm, and enhanced where possible. It has not so far been possible to identify all of these but some, such as the landscaped park at Brightwell Baldwin and the formal garden earthworks at Waterstock, have been brought to the Council's attention through development proposals or Conservation Area Character Appraisals and it is likely that others will emerge in similar circumstances. A list of registered battlefields, parks and gardens in South Oxfordshire is included as Appendix 4 and their locations are shown on the Proposals Map. The District Council is statutorily obliged to consult English Heritage on proposals affecting Grade I and II* registered parks and gardens and the Garden History Society on all grades of parks and gardens.

3.124

Work has begun at a national and county level on the definition and assessment of the wider historic landscape. No guidance or designations have, as yet, been produced, but the Council is keen to ensure that all development which takes place within the district is consistent with and helps to maintain its overall historic character.

Common land

Policy CON16

Proposals for development on or affecting common land, village greens and other important spaces within settlements will not be permitted.

3.125

Commons and village greens are an important part of our heritage, with their ancient rights, customs, wildlife and, in some cases, archaeological remains. For centuries they have provided a place for grazing animals and for informal recreation. They often add greatly to the visual character of villages. The Council will take care to ensure that common land and village greens are not adversely affected by development, including tracks and roads across them. The Council will also protect other open spaces within villages which are important either to the character of the village or for informal recreation. "Common land" and "village greens" in this policy mean those that are registered with the County Council under the Commons Registration Act 1965. A copy of the maps of these areas is held by the District Council. Environmental Protection

Environmental Protection

Prevention of polluting emissions

Policy EP1

Proposals which would (by reason of smell, fumes, smoke, soot, ash, dust, grit, or other forms of polluting emissions) have an adverse effect on people and other living organisms, the atmosphere, the land, underground water supplies or watercourses will not be permitted, unless effective mitigation measures will be implemented. In addition, development will not be permitted near to an existing or proposed polluting use, unless effective mitigation measures will be implemented to ensure that there would be no adverse effect on the health and amenity of future occupiers.

3.126

It is important that certain activities, and particularly activities of an industrial nature, do not injure the amenities of an area or adversely affect or prejudice the use of nearby land. Conversely, pollution-sensitive development such as housing, hospitals, schools, or employment-intensive business uses, should not be located where they may be adversely affected by pollution.

3.127

The primary legislation for the control of polluting emissions from development is the Environmental Protection Act 1990 and the Water Resources Act 1991. PPS23: Planning and Pollution Control, explains that the controls under the planning and pollution control regimes should complement rather than duplicate each other. The Council will consult the statutory bodies and take into account any recommendations made by them relating to the control of any indirect or consequential discharge of polluting substances. The Council will also take into account the wider impact of potential discharge of polluting substances from a proposal on the development and use of land. Assessment of this wider impact may include consideration of the effectiveness of any proposed mitigation measures designed to enable discharges to meet pollution control standards or objectives.

3.128

Where appropriate, conditions will be imposed on planning permissions, and planning obligations will be sought to secure the implementation of mitigation measures.

3.129

If a development has a significant effect on air quality, or if existing air quality information suggests that further development at a site might lead to breaches of national or international air quality standards, an environmental assessment has to be undertaken. The Council is carrying out a review of air quality in the district in accordance with its statutory duty under the Environment Act 1995.

Noise and vibrations

Policy EP2

Proposals which would by reason of noise or vibrations have an adverse effect on existing or proposed occupiers will not be permitted, unless effective mitigation measures will be implemented. In addition, noise sensitive development will not be permitted close to existing or proposed sources of significant noise or vibrations.

3.130

Noise from road traffic, trains, aircraft, helicopters, industrial, commercial and entertainment premises can have serious effects on people's quality of life. In line with PPG24: Planning and Noise, the Council will seek to ensure that the noise created by a development is minimised and that essential development which does cause noise pollution is located away from sensitive locations such as residential areas and the wider countryside. Noise-sensitive developments such as housing, hospitals and schools should also be located away from existing sources of significant noise.

3.131

The level of disturbance that is generally acceptable depends upon existing background levels, and the character and duration of the noise or vibration. Where noise associated with a particular development is likely to adversely affect existing or future occupiers, applicants will be required to submit a noise assessment with any planning application.

3.132

Where appropriate, the Council will impose conditions to control noise or vibration levels, or place limits on the operating times of an establishment. Noise attenuation measures may also be imposed during the construction period, if it is anticipated that the construction work will create unacceptable levels of noise disturbance in sensitive locations.

Light pollution

Policy EP3

Proposals for new floodlighting and other external lighting that would have an adverse effect on neighbouring residents, the rural character of the countryside or biodiversity will not be permitted, unless effective mitigation measures will be implemented.

3.133

Light pollution is caused by a number of factors. These include, sky glow - the orange glow around urban areas, glare - the uncomfortable brightness of a light source when viewed against a dark background, and light trespass - the spilling of light beyond the boundary of the property on which the source is located. Light pollution is a concern in both rural and urban areas. In the countryside, in particular, it can affect the character of the area by making it appear more urbanised. It can also intrude on the amenity of local residents and adversely affect the biodiversity of an area. The Council will seek to ensure that floodlighting proposals do not have an adverse effect on adjacent areas and will pay particular attention to safeguarding the character of the Green Belt, Areas of Outstanding Natural Beauty and SSSIs.

3.134

Pollution caused by excessive light can be substantially reduced, without adversely affecting the purpose of the lighting equipment, by directing the light through the use of shields and baffles, switching lights off when not required and by avoiding over-lighting. The Council will expect applicants submitting proposals which include outdoor lighting to provide details of the proposed lighting as part of the planning application. Landscaping measures will be encouraged to screen lighting installations, where possible. The Council will refer to Guidance Notes for the Reduction of Light Pollution by the Institution of Lighting Engineers, and with respect to sports development, the Lighting Guide issued by the Chartered Institution of Building Services Engineers (CIBSE) and Floodlighting issued by the Sports Council. The Chilterns Conservation Board, in association with the County Council, has produced Environmental Guidelines for the Management of Roads in the Chilterns AONB which provides further guidance on lighting.

Protection of water resources

Policy EP4

Proposals which increase the requirement for water will not be permitted, unless adequate water resources either already exist or can be provided without detriment to existing abstraction, river flows, groundwater flow to and from springs, water quality, biodiversity or other land uses. Proposals which have a significant impact on water resources will be required to incorporate water conservation measures designed to mitigate that impact.

3.135

Thames Water Plc and the Environment Agency will provide advice on the availability of water resources. The demand for water continues to increase and it is appropriate, therefore, that new development minimises the pressure on existing resources. Measures to reduce the demand for water should be incorporated into new development. Reference should be made to the supporting text to Policies D8 and EP6, and to Section 4.5 of the South Oxfordshire Design Guide. Where there is an adverse impact on water resources, planning conditions and planning obligations may be imposed to mitigate the adverse effects of the development and to secure water conservation measures.

Flood risk

This policy has not been saved beyond 19 January 2009 and will no longer be used.

Policy EP5

Development in areas at risk from flooding will only be permitted where the proposals include effective works to mitigate the adverse effects of the development.

3.136

The Government attaches high importance to the management and reduction of flood risk through the land-use planning process. Flooding can adversely affect the environment, people, their homes and livelihoods. The aim of the Government is to minimise these impacts by avoiding inappropriate development in flood-risk areas and ensuring that new development does not lead to additional flood risk. The Government also wishes to avoid placing an additional burden of responsibility on future generations by an unnecessary increase in the number of areas that need artificial defences against flooding.

3.137

South Oxfordshire has a number of river valleys in which flood plains must be protected from development. In addition to the risk of flooding to the development itself, development proposals may increase the risk of flooding elsewhere by reducing the storage capacity of the flood plain, by impeding the flow of floodwater and/or causing flooding through excess groundwater. A general objective of the Environment Agency is to maintain and, where practical, restore the capacity of the natural floodplains and washlands of the river system. The policy applies to all forms of development, including landscaping proposals or recreational/leisure developments. Development in functional flood plains will therefore be wholly exceptional or limited to essential infrastructure that has to be there. The Environment Agency's Policy and Practice for the Protection of Flood Plains (1997) provides further guidance.

3.138

To achieve these aims, PPG25: Development and Flood Risk, recommends a precautionary approach to development in flood-risk areas using a risk-based search sequence. This approach directs authorities and developers towards sites at lower risk, based on the numerical assessments of risk in use by DEFRA and the Environment Agency. In summary, the risk-based approach to proposals for development in flood-risk areas should take account of:

  • the area liable to flooding
  • the probability of flooding occurring both now and over time (taking into account how it might be affected by climate change)
  • the extent and standard of existing flood defences and their effectiveness over time
  • the likely depth of flooding
  • the rates of flow likely to be involved
  • the nature of the development proposed and the extent to which it is designed to deal with flood risk.

3.139

The areas at risk from flooding are shown on the Environment Agency's 2001 Indicative Floodplain Maps, which can be viewed on the Environment Agency's website. The Council will be guided by the views of the Environment Agency in assessing the risk of flooding caused by a development. In preparing their proposals, applicants should consult the Environment Agency on the potential risks to their development, the likely effects of their proposals on flood risk to others, and whether mitigation would be likely to be effective and acceptable. They should also carry out a flood-risk assessment and consider the need for flood warning notices/signs in line with Appendices F and G of PPG25. Advice on this is contained in Appendix F of PPG25.

Surface water protection

Policy EP6

Developers will be required, wherever practicable, to demonstrate that the surface water management system on any development accords with sustainable drainage principles and has been designed as an integral part of the development layout. The system should effectively mitigate any adverse effects from surface water run-off and flooding on people, property and the ecological value of the local environment.

3.140

New developments may result in a substantial increase in surface water run-off to watercourses as permeable surfaces are replaced by impermeable surfaces such as roofs and paving. This can cause increased risk of flooding downstream, increased pollution, silt deposition, damage to watercourse habitats and river channel instability. These effects can often be at some considerable distance from the new development. The Council, in consultation with the Environment Agency, the sewerage undertaker and Thames Water Utilities Ltd, will assess the surface water run-off implications of new development proposals. New developments will only be permitted where the Council is satisfied that suitable measures, designed to mitigate effectively the adverse impact of surface water run-off, are included as an integral part of the development.

3.141

The Environment Agency encourages the use of source-control techniques in the drainage of new development. These refer to the treatment of a problem as close to its source as possible. Many of these techniques are based on natural processes and involve the creation of attractive landscape features of ecological value. The incorporation of features such as swales, detention ponds, infiltration basins and porous surfaces, wet ponds and reed beds are encouraged, where appropriate. The Construction Industry Research and Information Association's (CIRIA's) Sustainable urban drainage systems - design manual for England and Wales, provides information on controls that can be used to manage surface water run-off. PPG25: Development and Flood Risk (Appendix E) and the South Oxfordshire Design Guide provide further guidance. The Council may also use planning conditions or planning obligations to secure sustainable drainage systems.

3.142

Culverting of rivers and watercourses is discouraged because it can increase the risk of flooding and destroy wildlife habitats. Wherever practical and desirable, proposals for development should seek to restore culverted watercourses to open channels. Where culverting is unavoidable and there are no alternatives, the culvert should be restricted to a minimum, and compensation made for any loss of amenity and habitat through environmental improvements. Particular attention should be given to compensating for any loss of wildlife habitat and ensuring that measures are taken to integrate any broken corridors of wildlife, where possible. Land Drainage Consent under the Land Drainage Act 1991 and the Water Resources Act 1991, is required from the Environment Agency before culverting, damming or weir works are carried out to minor watercourses.

Groundwater protection

Policy EP7

Development that may have an adverse effect upon groundwater resources will not be permitted unless effective preventative measures are taken to ensure that the quality and quantity of these resources are maintained.

3.143

Groundwater resources are an essential source of water for public supply, industry and agriculture. They also supply the base flow of many rivers. Some activities such as disposal to soakaways, disturbance of contaminated land, inappropriate storage of chemicals and oils can result in pollution of the groundwater resources and supplies.

3.144

The Council will consult the Environment Agency in making planning decisions regarding proposals that may affect groundwater quality and will refer to the Agency's document Policy and Practice for the Protection of Groundwater (1998). The Council will require a developer to appraise the impact of development on groundwater and will refuse planning permission where there is likely to be an adverse impact on the quality of groundwater.

Contaminated land

Policy EP8

Development on contaminated land will not be permitted unless the contamination is effectively treated by the developer to prevent any harm to human health and the wider environment.

3.145

Re-using contaminated land is in line with sustainable development objectives in that it recycles land and reduces the need for the development of greenfield sites. PPS23 encourages the re-use of contaminated sites, provided that any risks to human health and the environment are adequately dealt with by the developer. The development proposed, however, must comply with the other policies in this plan.

3.146

The Contaminated Land (England) Regulations 2000 and DETR Circular 2/2000: Contaminated Land: Implementation of Part IIA of the Environmental Protection Act 1990, set out a new regime whereby local authorities must identify contaminated land in their area and where appropriate, require such land to be investigated and any unacceptable risks removed. The Council is currently developing a contaminated land strategy in accordance with the Regulations. Where the local authority has declared land to be contaminated, the liability for remedial work lies primarily with the polluter of that land, or with persons who 'knowingly permitted' the contamination, which includes developers who leave contamination on site. Where such persons cannot be identified, the liability may revert to the owners or occupiers.

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In South Oxfordshire the incidence of contaminated land is yet to be assessed, but is believed to be fairly small. In assessing the need for remedial works the Council will take into account technical advice from its Environmental Health service and from other statutory bodies. The Council will adopt a "suitable for use" approach in which the level of remedial action required will be sufficient to overcome risks to human health and the environment, taking into account the actual and intended use of the contaminated land or adjacent land. A balance therefore needs to be struck between the need to bring the land back into use and the risks and liabilities posed by the contamination. Planning permission will not be granted unless the Council is satisfied that adequate and effective remedial measures to remove the risks to human health and the environment will be implemented. The Council will secure remedial measures by the imposition of planning conditions or where appropriate, by seeking planning obligations.

Hazardous substances.

Policy EP9

Development will not be permitted which involves the use, movement or storage of hazardous substances where there would be an unacceptable risk to the health and safety of users of the site, neighbouring land or the environment. Development will not be permitted in the vicinity of an installation involving hazardous substances or activities if the health and safety of occupants of that development would be put at risk by the installation.

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The Council is empowered under the Planning (Hazardous Substances) Act 1990 to regulate the presence of hazardous substances, so that they cannot be kept or used above specified quantities. Circular 4/2000 Planning Controls for Hazardous Substances, outlines certain industrial and other human activities which use substances that are considered to be a risk to human health, either due to their toxicity or their reactive nature, which can lead to explosions, fire or other potentially-dangerous chemical reactions. Information and advice on the extent of risk, and the storage and treatment of hazardous substances is provided by the Health and Safety Executive (HSE). Development of new installations where hazardous substances are handled will be carefully controlled. Where hazardous installations exist, the HSE is responsible for notifying consultation zones around such sites. The Council will seek the HSE's view on development proposed in these zones to ensure that no risk is posed to people occupying that development.

Minerals and waste

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In 1996 the County Council adopted the Oxfordshire Minerals and Waste Local Plan, which contains detailed guidance on the policies and proposals for mineral working and waste disposal in the County up to 2006. The County Council is now working toward producing a Minerals and Waste Local Development Framework which will provide a planning framework extending to 2011 and beyond.

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The County Council is responsible for planning control over mineral workings and waste management sites in Oxfordshire. Structure Plan policies provide further policy guidance on these matters. The Council will offer its views to the County Council both in establishing appropriate sites to be allocated for mineral working and waste disposal within the Minerals and Waste Local Plan Review and on planning applications as they arise. The District Council will also liaise with the County Council, landowners, operators and other interested parties to help ensure that appropriate after-uses are found for worked-out mineral workings.

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The District Council is working in partnership with the County Council, as waste disposal authority, and other waste collection authorities in Oxfordshire to develop sustainable waste management practices. These new practices will seek alternatives to the land filling of waste in the County through waste minimisation, recycling and composting, often involving new technologies. It is recognised that whilst new waste management facilities will need to be sited close to the sources of the waste in conformity with the Government's "proximity principle", proposals may also raise important amenity and environmental issues. Particular attention will be given to the effect of large-scale waste management proposals in the countryside.

The published printed copy is the definitive version of the Local Plan, the interactive version is for information only.