Local Plan (Regulation 18)
1. Environment
The natural and historic environment of Rutland is fundamental to its character and appearance. The environment also makes a significant contribution to the economic and social well-being of the County and its communities. The Local Plan can play an important role in protecting and enhancing nature and heritage assets and in encouraging appropriate restoration and replacement. The policies included in the draft Local Plan take a proactive and positive approach to ensuring that these assets and features will continue to flourish for future generations to enjoy, making a positive impact on community health and wellbeing and visually on the appearance and character of the County.
Heritage assets
What will this policy do?
This policy sets out the means of achieving the overarching objective of conserving historic and heritage assets within the council’s jurisdiction. It identifies the different types of assets and the requirements for their preservation in any proposed development.
Policy ENV1: Heritage assets
Designated heritage assets
The council will apply national policy to development proposals affecting designated heritage assets, including Listed Buildings, Conservation Areas, and Scheduled Monuments. National policy will also be used to consider development proposals affecting the setting of designated assets.
Conservation Areas
Significant weight will be given to the protection and enhancement of Conservation Areas (as defined on the Policies Map). Development within, affecting the setting of, or affecting views into or out of a Conservation Area should conserve, or where appropriate enhance, features that contribute positively to the area’s special character, appearance, and setting, including those identified in any adopted Conservation Area appraisal. Proposals should:
- Retain buildings/groups of buildings, existing street patterns, historic building lines, ground surfaces, and architectural details that contribute to the character and appearance of the area;
- Where relevant and practical, remove features that negatively impact the character and appearance of the Conservation Area;
- Retain and reinforce local distinctiveness with reference to height, massing, scale, form, materials, and plot widths of the existing built environment;
- Assess and mitigate against any negative impact the proposal might have on the townscape, roofscape, skyline, and landscape; and
- Aim to protect trees, or where losses are proposed, demonstrate how such losses are appropriately mitigated against.
Archaeology
Development affecting archaeological remains, whether known or potential, designated, or undesignated, should take every practical and reasonable step to protect and, where possible, enhance their significance. Planning applications for such development should be accompanied by an appropriate and proportionate assessment to understand the potential for and significance of remains, and the impact of development upon them. If an initial assessment does not provide sufficient information, developers will be required to undertake field evaluation in advance of determination of the application. This may include a range of techniques for both intrusive and non-intrusive evaluation, as appropriate to the site.
Wherever possible and appropriate, mitigation strategies should ensure the preservation of archaeological remains in-situ. Where this is either not possible or not desirable, provision must be made for preservation by record according to an agreed written scheme of investigation submitted by the developer and approved by the planning authority. Any work undertaken as part of the planning process must be appropriately archived in a way agreed with the local planning authority.
Protection of Sites, Habitats, and Species
What will the policy do?
This policy ensures new development contributes to and enhances the natural and local environment, including landscapes and biodiversity sites at all levels. It promotes conservation, restoration, and enhancement of priority habitats and species, securing opportunities for biodiversity net gain.
Policy ENV2 - Protection of Sites, Habitats, and Species
Development causing significant harm to biodiversity will not be permitted. Harm must be avoided and minimized; if unavoidable, mitigation or compensation must be provided.
For designated sites and important habitats:
Development affecting internationally designated sites (e.g., RAMSAR) will not be permitted unless:
- No feasible alternatives exist.
- It is of overriding public interest.
- Compensatory measures are secured.
Development affecting nationally designated sites (e.g., SSSIs) will not be permitted unless:
- Benefits outweigh impacts.
- Mitigation measures are secured.
- Replacement habitat creation is provided.
Development affecting other important habitats will only be permitted if:
- Material considerations outweigh local value.
- Impacts are minimized.
- Losses are offset to equivalent or greater ecological value.
Development must protect and enhance irreplaceable habitats (e.g., ancient woodlands). Negative impacts will not be permitted unless exceptional circumstances exist, with a suitable mitigation and compensation strategy.
In all cases:
- Avoid harm before considering mitigation or compensation.
- Provide compensatory provision of equal nature conservation value.
- Protect and recover priority species.
Why is the Policy needed?
National policy guidance (NPPF) sets criteria for conserving and enhancing the natural environment. Plans should:
- Identify, map, and safeguard wildlife-rich habitats and ecological networks.
- Promote conservation, restoration, and enhancement of priority habitats and species.
- Secure measurable net gains for biodiversity.
The council has a legal duty to conserve biodiversity, ensuring future growth does not damage the high-quality environment. Mitigation must be in place to reduce any unavoidable harm, especially for internationally protected habitats and species.
Local Green Space
What will this policy do?
A Local Green Space (LGS) is a designated area of green or open space that holds special significance to the local community it serves. This policy aims to protect these cherished areas from development, ensuring they remain intact for future generations to enjoy. The policy aligns with the principles set out in the National Planning Policy Framework (NPPF), which provides stringent criteria for any development on these sites, allowing it only in very special circumstances. Although the Local Plan does not currently identify any Local Green Spaces, several Neighbourhood Plans have designated such areas, and this policy will ensure their protection.
Policy ENV3 – Local Green Spaces
An area identified as a Local Green Space within an adopted Neighbourhood Plan will be protected from development in accordance with the NPPF. This means that development on these sites will only be permitted in very special circumstances, which are clearly defined within the NPPF. These circumstances typically involve situations where the benefits of the development significantly outweigh the harm to the Local Green Space, ensuring that the intrinsic value of these areas is preserved.
Why is this policy needed?
The designation of Local Green Space (LGS) is a national initiative referenced in the NPPF, aimed at safeguarding green areas that are demonstrably special to local communities. These spaces often hold particular local significance due to their beauty, historic importance, recreational value, tranquillity, or richness in wildlife. Parish and Town Councils have the authority to identify and designate these areas through Neighbourhood Plans, provided they meet specific criteria:
- Proximity to the Community: The green space must be reasonably close to the community it serves, ensuring it is accessible and beneficial to local residents.
- Special Significance: The space must hold particular local significance, which could be due to its aesthetic beauty, historical importance, recreational use (such as playing fields), tranquillity, or biodiversity.
- Local Character and Scale: The space should be local in character and not constitute an extensive tract of land, ensuring it is a distinct and valued part of the local landscape.
By protecting these spaces, the policy supports the well-being of the community, providing areas for recreation, relaxation, and the enjoyment of nature. It also contributes to the environmental health of the area, preserving habitats for wildlife and maintaining the ecological balance. The protection of Local Green Spaces is crucial for maintaining the character and appearance of the local environment, fostering a sense of place and community pride.
