Sandwell Metropolitan Borough Council, Sandwell Council House, Oldbury, West Midlands, B69 3DE, Tel: 0121 569 2200 Sandwell Metropolitan Borough Council, Sandwell Council House, Oldbury, West Midlands, B69 3DE, Tel: 0121 569 2200 Filler Graphic
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CONTENTS
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Development Control Policies
Policy DC1. ACCESS FOR DISABLED PEOPLE
National and local disability context
National planning policy guidance
Policy DC2. POSTER PANELS
Policy DC3. AMUSEMENT ARCADES
Policy DC4. CANALS
Car Parking
Policy DC5.1. CAR PARKING FOR DISABLED PEOPLE AND PEOPLE WITH MOBILITY DIFFICULTIES
Policy DC5.2 PEDESTRIAN MOVEMENT WITHIN TOWN CENTRES
Policy DC5.3 CYCLES AND POWERED TWO-WHEELERS
Policy DC6. THE BOROUGH’S GATEWAYS
Policy DC7. HOT FOOD TAKE-AWAYS WITHIN THE BOROUGH’S CENTRES
Policy DC8. DEVELOPMENT IN CONSERVATION AREAS AND AREAS OF TOWNSCAPE VALUE
Policy DC9. PROVISION OF COMMUNITY OPEN SPACE AND PLAY SPACE IN NEW RESIDENTIAL AREAS
Policy DC10. COMMUNITY FACILITIES INCLUDING PLACES OF WORSHIP AND/OR RELIGIOUS INSTRUCTION
Policy DC11. RESIDENTIAL MOORINGS
Policy DC12. DESIGN AND INSTALLATION OF SHOP FRONT ROLLER SHUTTERS
Security glazing
Rolling internal window security grilles
Removable external security grilles
Perforated, powder coated metal shutters
Solid galvanized shutters
Policy DC13. SHOP FRONT DESIGN
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UDP in PDF format (6Mbs)
PROPOSALS MAP
HELP
LEGAL
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Development Control Policies

Chapter 16 Picture

Access for Disabled People

Policy DC1. - ACCESS FOR DISABLED PEOPLE

In accordance with Transport Policy T1, developments will be required to demonstrate appropriate provision for access for disabled people and people with mobility difficulties, including access to transport, buildings, and the external environment. Specifically, the design and layout of developments which include public access must have regard to the needs of disabled people and others with mobility difficulties.

Developments in Town Centres, District Centres, Local Centres, and residential areas need to include well-defined and safe access arrangements for disabled motorists. Consideration should also be given to safe access for disabled pedestrians, particularly those who are blind or partially sighted. In particular, walkways, pavements and other public areas should include flat or adequately ramped areas either as primary means of access and travel, or as alternatives where steps are provided.

Major redevelopment proposals (such as those requiring Environmental Impact or Transport Assessments) are expected to positively enhance links with adjacent areas to improve access for disabled people and others with mobility difficulties.

Planning conditions may be imposed to require improvements relating to pedestrian routes, public transport facilities (such as bus stops), parking spaces and their management and use, the provision of information, and other relevant matters, such as the priority given to pedestrians, including disabled people. Where such conditions are imposed, the Access Officer will be consulted with regard to compliance.

A planning, development, or design brief for a proposed development must be produced in consultation with the Sandwell Access Group and the Sandwell Access Officer. Detailed advice on access issues is available from the Council's Access Officer, who will be pleased to comment on proposals at pre-application or design brief stage.

Parking for disabled people will be provided in accordance with Policy DC 5.1 Car Parking for Disabled People and People with Mobility Difficulties.

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National and local disability context.

16.1 Nationally, the Disability Discrimination Act 1995 (DDA) prohibits discrimination against disabled people in the provision of services, goods or facilities. This covers an extremely broad range of services provided by local authorities, private agencies and individuals. Over the period of the Unitary Development Plan there will be further legal requirements in relation to the DDA. For example, in 2004 the duty to remove or alter physical barriers will come into force. This is something that needs to be taken account of now in relation to access to the built or physical environment.

Chapter 17, Picture 1

16.2 Access to the built or physical environment is the most obvious of the barriers which many disabled people face. Whilst Part M of the Building Regulations governs aspects of access to new (or substantially refurbished) public buildings, and to new dwellings, local planning authorities are in a position to influence environmental changes through the adoption of suitable planning policies and conditions of planning permission. (National Disability Council, ‘Open To The Public?’ (1999)).

16.3 Sandwell has an Access Group which is active in promoting and monitoring the provisions of the Disability Discrimination Act. Sandwell Council has an Access Officer and is active in promoting a Sandwell Disability Charter for local businesses and agencies, including the Council. The Charter complements the DDA in that it promotes equality of opportunity and improved access.

16.4 The Sandwell Access Officer and the Sandwell Access Group are informed of all planning applications and afforded the opportunity to comment on them. The Access Officer, Access Group, and the Sandwell Disability Action Network are involved in the formulation and application of these guidelines on access (and other UDP policies). The Access Officer and Group will be invited to provide input to planning, development and design briefs for major developments as they are drafted.

16.5 In keeping with the provisions of the DDA and the Disability Charter, this policy will be available in audio tape, provided via Sandwell Information for Disability. Large print format and Braille versions will be available on request.

16.6 In accordance with advice issued by the National Disability Council, the term ‘disabled people ’has been used deliberately in this policy.

National planning policy guidance

16.7 "Local authorities, developers and transport providers should work together to seek to meet the accessibility needs of disabled people". (Draft Revised PPG13, 1999)

16.8 National planning policy guidance advises that the accessibility needs of disabled people should be met by:

  • taking account of their needs in terms of access arrangements and parking spaces in location and parking policies;
  • giving attention to the needs of disabled people in the design, layout, physical conditions and inter-relationship of uses; and
  • ensuring developments, including transport infrastructure, are accessible to and functional for disabled people through decisions on location, design and layout.

16.9 In fact, national planning policy guidance goes further than identifying the needs of disabled people alone. "Proposals for the development of land provide the opportunity to secure a more accessible environment for everyone, including wheelchair users, other people with disabilities, elderly people and those with young children. "(Revised PPG1, 1997)

16.10 Further advice on accessibility to and within town centres is given in PPG6 (1996) and on access to and within historic buildings in PPG15 (1994).

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Poster Panels

Policy DC2. - POSTER PANELS

Applications for poster panels will be considered with regard to amenity and public safety. Particular regard should be given to the scale of buildings and character of the locality in which they are to be sited, together with any potential impact on highway safety. In general, advertisement hoardings will not be considered to be appropriate in:
  • Residential Areas,
  • Conservation Areas, or
  • Areas of Townscape Value.

Proposals for free-standing advertisements will be required to contain appropriate landscaping treatment and, subject to issues of highway and community safety and amenity, consideration should also be given to their illumination. Encouragement will be given to the use of poster panels to provide appropriate screening of unattractive sites that have planning permission for built development.

16.11 Poster panels are widely used and take many forms, including hoardings on the side of buildings, placards, free-standing boards or other fixed structures used for advertising purposes. They can sometimes detract from the surrounding environment, especially if they are not landscaped or maintained. There is also concern about the location of some advertisement hoardings in relation to public safety, where they may obscure other structures, such as traffic signs, or provide hiding and entrapment places. For maximum effect, they are generally found along strategic highways or other major transportation routes. However, in the past in a very compact urban environment such as Sandwell, they have also been used in town centres and even residential areas, where their size and scale in relation to the locality in which they have been sited, or the building itself upon which they are fixed, have had an adverse impact on the immediate environment. Therefore, all poster panels will be required to be of a scale that is appropriate to their surroundings.

16.12 The intention is to encourage a more positive approach to the provision of poster panels to provide a more attractive image in the Borough. For example appropriate screening of unattractive sites awaiting development will be encouraged subject to the other requirements of this policy. All hoardings will be assessed in terms of both highway safety and against the criteria set out in the document ‘Secured By Design ’. Where appropriate, the hoardings should be illuminated to improve public safety.

16.13 In Conservation Areas, or any other sensitive areas such as residential areas, there is a need for greater protection of the amenity and environment. In general, poster panels are not considered to be appropriate in these locations.

16.14 When sited on buildings, the overall visual effect of the display upon the entirety of the building and its surroundings will need to be considered. The scale and position of the structure on the building will be major determining criteria.

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Amusement Arcades

Policy DC3. - AMUSEMENT ARCADES

Amusement arcades should be located within Town, District or Local Centres and will be assessed with regard to their impact upon the dominant retail function, activity and effect on vitality and viability of the centre. Proposals will also be considered against the potential detrimental impact on the amenity of neighbouring uses, through increased noise and disturbance.

16.15 The Council recognises the need for alternative facilities for entertainment within Town and District Centres which may vary in size and type.

16.16 Some entertainment facilities can add to the vitality and viability within a town setting such as public houses and clubs, and contribute to sustainability by reducing the need to travel. They can also contribute to the economy of the town especially at night. Planning Policy Guidance Note 6 supports the vitality of town centres and, together with Planning Policy Guidance Note 13, promotes sustainability and reducing the number of journeys.

16.17 However, it is important that certain types of entertainment facility, as with any other use, are allowed subject to their suitability within their proposed setting. Amusement arcades and centres, although entertainment facilities in their own right, do not add to the retail function of a shopping area. It would be unreasonable for such a use to be situated where it would split an identified retail frontage or cause noise and disruption to nearby residents. Their use, for entertainment with or without monetary gain, is probably best suited to a mixed use or secondary shopping area.

16.18 It is felt inappropriate for social reasons to locate such uses near to educational facilities and places of worship.

16.19 Where amusement arcades or centres are allowed, planning conditions should be imposed to restrict the amount of nuisance caused to other adjoining uses. Provision should be made for the reduction of noise and hours of opening, should such a use be situated within a shopping area.

16.20 The external design of the building should be in keeping with the characteristics of the surrounding area, especially if it is close to or within a Conservation Area. Any policies that exist regarding the design of shop fronts, roller shutters and advertisements should be taken into consideration when granting planning permission for any premises being used as an amusement centre.

16.21 Where permission is given for the use of a shop unit within a retail area, conditions should be imposed to ensure there is a permanent shop front and window display provided.

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Canals

Policy DC4. - CANALS

In considering proposals for development on, over or alongside the canals, the Council will require that every effort be made to retain and incorporate original buildings and structures where these form part of the canal history and character. New buildings and structures will use appropriate materials and styles to respect the history and character of the canals.

In exceptional circumstances, proposals for canal development which do not reflect canal history and vernacular style may be permitted. However, the proposals must exhibit a high quality of design and materials, and the design statement must demonstrate how the proposal makes a positive contribution to the canal environment. Where appropriate, the enhancement of canals and their settings will be secured through S106 Agreements.

When considering proposals for development along, or adjoining canals, the Council will have regard to the need to integrate the canal and towpaths with the urban area, with particular regard to their use as part of the cycleway network, linear open spaces and footpaths, and other nature conservation aspects.

In considering proposals for development on land adjoining a canal, the Council will give particular consideration to the visual impact on the canal environment. Opportunities to use the canal as a feature to enhance the quality of the development should be taken, wherever they arise, by appropriate layout and orientation. In other cases where the development has no direct link to the canalside, it will be necessary to ensure that buildings, materials, boundary treatment and landscaping have regard to their appearance from the canal, towpath and public places. Open storage areas should be screened.

16.22 The policy background for this Development Control Policy is provided by Conservation and Heritage Policy C7 Canals.

16.23 Listed Building Consent and Conservation Area Consent will only be granted in the most exceptional circumstances for the demolition or partial demolition of Listed Buildings and Structures along the canalside or in canal Conservation Areas. Alterations to such Buildings or Structures may be permitted, providing that the original structure and materials are retained and restored so far as possible and subject to new structures, buildings and materials being appropriate to the canal vernacular. The canal heritage is an irreplaceable historic asset and should not be further eroded.

16.24 During the 20th century canalside land uses have turned their back on the canal to the severe detriment of a major linear feature. Land adjacent to canals is often a dumping ground, un-maintained with ramshackle fences and walls of diverse materials often of the poorest quality and appearance. Regularly used for open storage of materials, the security of canalside land is evidently a concern, so that mesh fencing and barbed wire abound. Landscaping is rare although wild and overgrown areas give some relief, resulting in the canals being valuable wildlife corridors.

16.25 Canalside development can present an opportunity to give an interest or focus to all types of development schemes. Water features can give an attractive outlook or view without necessarily linking the development to canal usage with moorings etc. Overlooking houses and offices also assist with canal safety. Canals can create design and management problems, but these can be overcome, often more easily than the problems resulting from turning their back on a potential asset.

16.26 Even where development has no opportunity to utilise the canalside, careful attention must be paid to its appearance from boats, towpaths and public places. Care is required in the design and materials of buildings. Large buildings and high brick walls are entirely appropriate to urban canals but materials need to be durable, as they will get minimal maintenance. Short life, high maintenance materials should be avoided as should materials which do not weather well or require regular painting or treatment.

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Car Parking

Policy DC5.1. - CAR PARKING FOR DISABLED PEOPLE AND PEOPLE WITH MOBILITY DIFFICULTIES

Car parks provided must be accessible to all, including people with mobility difficulties. Where car parking is created as a result of development an appropriate level of parking for disabled people must be provided and be easily accessible to the development. Parking for disabled people will be provided in accordance with the following:
  • Food retail; car parks with 8 to 200 spaces for the public, 10% of capacity shall be set aside for the sole use of orange or blue badge holders; for car parks with more than 200 spaces, 6% plus 4 spaces should be set aside.
  • Non Food retail; car parks with 8 to 200 spaces for the public, 12% of capacity shall be set aside for the sole use of orange or blue badge holders; for car parks with more than 200 spaces, 8% plus 8 spaces

Further detailed guidance on parking for disabled people in association with other land uses, including those listed in policy T12, will be developed as part of Supplementary Planning Guidance.

The Council will encourage developers to provide well located and dedicated spaces for parents with young children, where appropriate.

16.27 Minimum standards of parking for disabled people are required to ensure that no one is denied access to facilities, services and employment. (See also Policy T1 and T12 in Chapter 5 Transport, and Development Control Policy DC1 Access for Disabled People)

16.28 The standard for disabled provision has been developed from the maximum total provision for different types of development. With the advent of measures intended to reduce car travel in favour of other modes of transport, disabled people with orange or blue badges, who are less able to use other forms of transport, may be disadvantaged. In the context of legislation to promote better access for disabled people, this is clearly inequitable. The above formula will maintain an appropriate level of disabled car parking spaces within a reduced total parking allocation and will therefore continue to promote access for disabled people with orange or blue badges.

16.29 Car parking shall be provided that is easily accessible, and movement by foot/wheelchair should be catered for by direct routes to the development or the town centre. In town centres the extent of provision of parking for disabled people will be assessed over the whole of the centre and where extra parking is created by a particular development, any additional parking for disabled people will be assessed on the overall level of provision and the likely demand.

16.30 Parents with young children require wider spaces located close to and with safe access to the entrance to facilities in order to safely and conveniently use car parks. Where appropriate, for example at shopping or some leisure facilities, the Council will encourage the adequate provision of such spaces.

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Policy DC5.2 - PEDESTRIAN MOVEMENT WITHIN TOWN CENTRES

The Council promotes walking for getting to and around Town Centres and to new development, therefore proposals will be required to:
  • give priority to pedestrian movement between the parking area, the development, and pedestrian routes within the Town Centre through appropriate design, location and access arrangements;
  • create direct, safe and secure pedestrian facilities through the use of lighting, surface level crossings and wide walkways.

16.31 Walking is being promoted as a means to access local facilities and to link with public transport to access more distant services, including employment. It is essential that the design of car parking, servicing and pedestrian routes maximise this. Once parked, drivers will also need to access the development or town centre safely and directly.

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Policy DC5.3 - CYCLES AND POWERED TWO-WHEELERS

The Council promotes cycling as a means of access and requires that developments provide secure and appropriate cycle parking in an accessible, convenient location. The Council encourages developments to provide dedicated and secure powered two-wheeler parking as part of any car parking wherever it is appropriate.

16.32 The Council is encouraging cycling, particularly for shorter journeys and developments will need to facilitate and encourage this, in particular by providing secure cycle parking facilities. The local cycle routes have been designed so as to provide links to town centres; consequently, secure cycle storage is particularly important within town centres. In such cases the provision of secure cycle parking will be based on the size of the development and the existing provision within the centre. It is not envisaged that cycle parking should necessarily be located within the car parking area.

Chapter 16, Picture 2

16.33 Furthermore, dedicated and secure powered two-wheeler parking should be provided within the car parking area. This should be sensibly located so that it is clearly visible and easily accessible. Pedestrian movements must be considered and catered for, once the vehicle has been parked.

16.34 Supplementary Planning Guidance will be prepared which will provide detailed guidance for cycle and powered two-wheeler parking.

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The Borough's Gateways

Policy DC6. - THE BOROUGH'S GATEWAYS

When assessing proposals and applications for planning permission that will affect the environment of the Borough's gateways, the Council will apply the following principles:
  • Key landmark buildings, structures and features will be preserved and improved;
  • The topography of the area will be emphasised in the design and location of new buildings or features;
  • New development should be of a high quality, architectural design, using good quality, modern materials.

In addition, the Council will work towards improving the image of the area at the gateways through:

  • The removal or refurbishment of insensitively designed buildings where possible;
  • More strict control of advertising;
  • The provision of high quality street furniture, boundary treatment and paving materials;
  • The removal of redundant street clutter;
  • The incorporation of public art; and
  • Improving ease of movement for all modes of transport.

16.35 The environmental quality of the Borough's gateway routes will influence people's first impressions of the image of the Borough as they arrive by various means of transport. Therefore, the visual characteristics of these areas are vital to the image of the Borough, making it necessary to reinforce strong features and characteristics, and to exploit any opportunities in these areas.

16.36 As well as visual qualities, people are also influenced by other sensory qualities, for example, noise and atmospheric pollution, eyesores and smells and feelings of safety and security. Therefore, the Council will encourage the removal of any developments with these problems and their replacement with high quality, more environmentally sensitive development proposals.

16.37 These first points of call into the Borough should also aid ease of movement for people who have a destination within the Borough, as well as those passing through. Therefore, landmarks, signage and other information will help people to find their way around, and make the Borough a more welcoming destination.

The Borough's Gateways

16.38 The Borough's gateways are:

  • M6 Junctions 7 & 9
  • A461 to Walsall
  • A34 to Walsall and Birmingham and A4041 to Birmingham
  • A41 to Birmingham
  • Metro Line
  • A457 to Birmingham
  • A4030 and A456 to Birmingham
  • A4034 to Halesowen
  • Forge Lane/Lower High Street, Cradley Heath
  • Worcester to Birmingham Rail Line
  • A4123 and A457 to Dudley, Wolverhampton and Birmingham
  • Wolverhampton to Birmingham Rail Line
  • Black Country New Road
  • Burnt Tree Island
  • Birchley Island
  • Old Walsall Road, Hamstead and A34
  • All canal corridors
  • M5 Junctions 1, 2 & 3
  • A4031 Walsall Road/West Bromwich Road

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Hot food take-aways within the Borough's Centres

Policy DC7. - HOT FOOD TAKE-AWAYS WITHIN THE BOROUGH'S CENTRES

All applications for hot food take-aways within the Borough's centres, as defined in policy SRC1, whether through new build or change of use, will be assessed on their individual merits. However, the following criteria will be taken into account:
  • Any application for a hot food take-away, particularly the change of use from an existing A1 retail use, will be assessed for its impact on the vitality and viability of the frontage or block of units of which it forms a part. Any proposal which is likely to damage the primary retail function of a block or frontage will not be permitted.
  • In centres/retail frontages where hot food take-aways are already present, the cumulative effect/impact of any proposal should be taken into account. Where a number of take-aways occur that are already causing problems in terms of unacceptable traffic generation and a deterioration in the amenity of the area, planning consent will be refused if the proposal will increase the nuisance.
  • When considering any applications for hot food takeaways elsewhere within the centre, any proposal will be assessed for its effects on the character and viability of the centre.
  • In all cases, account will be taken of the effects of the proposal on the amenity of the area, with particular regard to:
  • proposed opening hours;
  • impact of noise, disturbance, smell and litter;
  • traffic generation;
  • parking problems and highway safety.

Where adverse effects are likely to occur, the application will be refused.

In some cases there may be circumstances where any adverse impacts or effects of a proposal could be reduced by the introduction of conditions personal to that permission. Where this is not possible, planning consent will be refused.

16.39 The Borough's shopping hierarchy divides the Borough's centres into Main, Town, District and Local centres.

16.40 These guidelines are expected to provide the Borough's centres with protection against a proliferation of hot food take-aways. This will apply to restaurants, cafes and premises used for the sale of hot food for consumption off the premises, (which fall within Class A3 of the Town and Country Planning (Use Classes) Order, 1987).

16.41 Those shops that sell hot snacks from an existing retail shop, such as a bakers or confectioners, where sales represent only a small proportion of the total turnover and are ancillary to the main use of the premises, will not require planning permission for a change of use.

16.42 It is not the intention of these guidelines to restrict all cafes, restaurants and take-aways, as it is recognised that these uses are vital to the economy of the centres as they extend the life of centres into the evening. Therefore, those A3 uses that are not take-aways, for example, pubs, are not covered by this policy. Hot food take-aways also complement the primary retail uses of the centre by providing important facilities for the centres ’users, be they shoppers, workers, visitors or residents.

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Development in Conservation Areas and Areas of Townscape Value

Policy DC8. - DEVELOPMENT IN CONSERVATION AREAS AND AREAS OF TOWNSCAPE VALUE

When assessing proposals for new development and redevelopment in Conservation Areas and Areas of Townscape Value, the Council will expect high quality architectural design, that is original and individual and will integrate the buildings with the public realm. All applications for new developments in designated areas will be determined in accordance with the urban design policies contained within the UDP, particularly Policy UD2 - Design Statements.

Buildings and features that make a significant contribution to the special interest of a Conservation Area or Area of Townscape Value should be retained and reused rather than redeveloped.

The Council will support the improvement and, where necessary, the redevelopment of buildings that do not contribute to the architectural or historic interest of the area. However, they must be replaced with a high quality development of an appropriate architectural design, sympathetic to the area.

Extensions to buildings will also be expected to be complementary. The use of modern materials for contemporary architectural design is acceptable, but they must be of a high quality. However, any works relating to Listed Buildings should be undertaken sympathetically in accordance with the criteria set out in PPG15-Annex C, Guidance on Alterations to Listed Buildings.

The design of new buildings should be based on an analysis of the characteristics of an area and its historical development, rather than on the style of any adjacent buildings. Standard building designs for houses, supermarkets, A3 uses, such as fast food outlets and others, do not add to local distinctiveness and will not be accepted in designated Conservation Areas and Areas of Townscape Value.

Proposals for shop fronts and roller shutters will be assessed using the principles and the guidelines contained within this policy and with the Development Control Policies for Shop Front Design and The Design and Installation of Shop Front Roller Shutters.

16.43 The character and identity of the Borough is based on the historic environment. However, this does not mean that all new development must replicate the historic fabric. The designation of Conservation Areas or Areas of Townscape Value indicates that all or some of the existing built development or infrastructure is of value, architecturally, archaeologically or historically. This does not preclude the inclusion of modern, contemporary architecture in these areas.

16.44 The characteristics of existing public spaces and road frontages should be strengthened and complemented by new development, particularly with regard to height, scale and massing and its relationship with a road, canal or area of open space.

Chapter 16, Picture 3

16.45 Many of the Borough's town and district centres still have a distinctive character, with architecture that stems from the Victorian/Edwardian period. It is desirable to protect the character of these areas as much as possible. Therefore, when determining applications for the enhancement of these Areas, the following will be taken into account.

  • Designs should be of good quality, and relate to the building and its neighbours.
  • Any fabrics, materials and features traditional to the particular style of the buildings should be retained, restored and reintroduced, e.g. the use of moulded timber rather than metal.
  • Features visually dividing upper and lower storeys of buildings should be avoided, e.g. horizontally illuminated adverts.
  • Recessed doorways, shop window displays, stall risers and timber mouldings will create depth and interest to shopfronts. Flat and fully glazed shopfronts with no depth should be avoided.
  • Standard signs and company logos should be adapted to suit the building and its setting.
  • Signs within Conservation Areas should be constructed of traditional timber fascias with good quality sign-writing, or a style appropriate to the age of the building.
  • It is better to illuminate the whole building and any displayed goods, rather than to internally illuminate the owner's name in a box sign, which looks ugly in daylight.

(See also; Policy C3 Conservation Areas, C5 Areas of Townscape Value and UD2 Design Statements.)

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Provision of Community Open Space and Play Space in New Residential Areas

Policy DC9. - PROVISION OF COMMUNITY OPEN SPACE AND PLAY SPACE IN NEW RESIDENTIAL AREAS

All new residential development of 10 dwellings or more, should contain provision for Community Open Space and play space and its maintenance, based on 20 sq.m. per person generated by the development. The number of people generated by a development is equal to the number of bedrooms, for example, a three bedroomed house generates three people.

It is the intention that existing areas of Community Open Space will be improved in quality before new areas of Community Open Space are provided. Where new residential development takes place in town centres, or in areas where sufficient quantity of existing Community Open Space in appropriate locations to serve the new development, commuted sums for the improvement of adjacent facilities will be required. Policy OS1-Open Space Hierarchy, has analysed existing provision and identified areas for improvement.

Where the Council is satisfied that a development will not, during its lifetime, generate demand for play space, the requirement for children's play will not be necessary. However, this will not automatically reduce the overall open space requirements as indicated by policies H7-Amenity of New Housing, OS5-Community Open Space, OS8-Community Open Space in Association with New Housing Developments. Examples of developments that will not require play space include developments for the elderly, one-bedroomed flats etc.

Where provision for play space is required, the Council will look at the type of space most required in a defined area, within 400m of the new development. Play space should then be calculated as 40% of the total Community Open Space provision, or 8 sq.m per person. Of this 8 sq.m., 2.4 sq.m. per person should be for formal play provision. The remaining 5.6 sq.m. of play space is for informal children's play space.

The following should be taken into account when siting playing spaces for children:

  • It is important that play spaces are part of the design of an area and not just an after thought;
  • All play spaces should be accessible by safe, practical routes;
  • All play spaces should be sited in welcoming, open areas, not on backland or land that is undevelopable for other purposes;
  • Play spaces should be accessible from pedestrian routes and away from major vehicle movement;
  • Play spaces should be sited on land that is suitable for the type of play space identified. For example, equipped or kickabout areas on slopes are inappropriate;
  • Play spaces should be overlooked by houses or well-used pedestrian routes, but also be far enough away from houses to reduce the likelihood of general disturbance;
  • Play spaces should be linked with other open spaces, play spaces and footpath systems etc;
  • Psychological, as well as physical, barriers should be avoided. Such barriers could include, territorial barriers of having to move from one housing area to another, or the fear of having to use a bridge to cross a busy road;
  • A wide a range of play opportunities should be provided. Playgrounds should include unobstructed open space to kick or throw a ball, as well as natural opportunities for play for creative development;
  • Play spaces need to be attractive and safe to encourage children to play there, as well as meet the needs of the wider area, particularly those people living nearby.

16.46 The Council recognises that play begins at home and expects gardens of a reasonable size to be provided in family housing developments. The Council also recognise that there are a number of ways of providing playing space for children. Children's playing space can include the following:

  • casual or informal playing space within housing developments, including safe, shared space such as play streets;
  • outdoor, equipped playgrounds for children of different ages;
  • facilities for children which offer specific opportunities for outdoor play, e.g. adventure playgrounds.

16.47 Playing spaces should be provided for different age groups. There should be safe places with opportunities for crawling, toddling and mixing with other children. Many babies actively use equipment before walking; for example, sand pits and cradle swings. However, sites specifically restricted to toddlers will be used and abused by older children if there is no alternative provision. Children often prefer informal play spaces and older children prefer areas where they can play ball games or wheeled play. In this case formal play equipment may be replaced by courts or hard surfaces and ramps for wheeled play. Street play or ‘Home Zones ’can also provide safe and stimulating play space close to home. Home Zones are groups of streets which create living spaces, where pedestrians have priority over cars, forcing drivers to drive slowly and safely.

16.48 Where it is known that one area contains a concentration of sites for residential development, of any size, it would seem appropriate that all sites make a contribution to a larger, more central piece of Community Open Space for a variety of users.

16.49 The development of Community Open Space should be phased so that those facilities that are most needed in the area are provided first; for example, there is little point in providing toddlers ’ play areas as first priority, when there is a desperate need for facilities for children aged 13-16.

16.50 All commuted sums for Community Open Space and play space will be calculated from prices per sq.m. The costs will be reviewed annually and are available from the Planning and Development Services Division.

16.51 All commuted sums for Community Open Space and play space provision and maintenance should be subject to a Section 106 Agreement which should be agreed before granting planning permission. The commuted sum is calculated on the basis of the current cost of provision, plus 10 years maintenance, and once paid, the Council will maintain the Community Open Space in perpetuity.

16.52 In circumstances where a developer is to provide Community Open Space and/or play space to be acquired and maintained by the Council, the design and installation must be done to a specification agreed by the Council. This will be a condition of the planning permission. The Council will require payment of maintenance costs and a sum to cover any other liabilities which are attached to the land it acquires in accordance with Council policy, currently set out in minute 6/98 of the Council's former Finance and Resources Strategy Committee (available on request).

16.53 For developments for people with special housing needs, for example, the frail elderly, or single homeless people, it may be necessary to provide open space on-site (not necessarily publicly accessible), regardless of the size of the development. In these cases, each application must be taken on its own merits and the most appropriate route taken.

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Community Facilities including Places of Worship and/or Religious Instruction

Policy DC10. - COMMUNITY FACILITIES INCLUDING PLACES OF WORSHIP AND/OR RELIGIOUS INSTRUCTION

In considering proposals for new, or conversion or extension of existing community facilities, including places of worship and/or religious instruction, the following criteria will be taken into account:
  • Encouragement will be given to locating such uses on sites with main road frontages at the fringes of commercial areas, particularly district or local centres.
  • If the building(s) to be used shares a party wall with any sensitive use (particularly residential) it is unlikely that planning permission will be granted. Exceptions to this are likely to occur only when there is clear proof submitted to the Council that the use will not adversely affect the occupiers of adjoining properties.

Where noise from the proposed activities is likely to affect neighbouring properties, consideration will be given to attaching conditions to any planning permission granted, which would reduce or eliminate such problems. These may include:

  • installation and retention of suitable sound insulation;
  • restricting the use of parts of the building, or the type of uses proposed;
  • restricting the hours of use of all or parts of the building.

Consideration will be given to the need for the provision of car parking in association with the development. This will include an assessment of:

  • whether the majority of people walk to the place of worship or religious instruction;
  • the proximity and availability of public transport facilities;
  • the availability of other car parking in the vicinity;
  • the use of the centre for wider community purposes and for special events drawing large numbers of participants;
  • the adverse effects of on-street parking on adjacent occupiers, the environment of the neighbourhood, and whether it would create potential hazards to pedestrians and other road users.

Consideration may be given to the granting of planning permission for a limited period where the concern relating to an application is insufficient to deem immediate refusal. The provision of additional community facilities will be encouraged, including those serving cultural and other social needs.

Chapter 16, Picture 4

16.54 The concern when considering proposals for community uses such as Places of Worship and Religious Instruction is the need to avoid individuals or a neighbourhood suffering unduly from a proposal which is for the benefit of the wider community.

16.55 It will be important, at the outset, to establish the exact nature of the use proposed. There are often different levels of activities, ranging from large premises serving a wide catchment area and providing for many activities including weddings, festivals etc. to buildings serving much more local needs. Once the details of the proposed use are established, any possible difficulties can be identified more readily.

16.56 The criteria identified in the Policy establish general requirements that will be applied by the Council when considering future applications for places of worship and/or religious instruction.

16.57 There are significant benefits in locating such uses at the fringes of commercial areas, particularly existing district and local centres. A main road frontage is an additional advantage. Such locations benefit from their visible position, better car parking, fewer sensitive uses, availability of public transport, and their proximity to shops and other community facilities.

16.58 The use of terraced or semi-detached houses for a place of worship or religious instruction may be acceptable, but only when there will be no adverse effect on neighbouring residents. This could be achieved for example through the adjacent property being occupied by people connected with the proposed use, e.g. a priest.

16.59 Wherever appropriate the imposition of conditions will be used to prevent or reduce any potential problems, particularly those due to noise. However, it is essential to realise that some conditions may be unacceptable; for example, restricting the hours of use of the buildings may be contrary to the basic requirements of some religions.

16.60 Where the Council needs to assess possible problems related to a specific proposal, a temporary permission may be granted. This would also allow an existing use operating without planning permission to find suitable premises to relocate. However,it is recognised that temporary permissions may lead to wasted expenditure for the applicant if the final outcome is the refusal of a permanent permission. Therefore, such permissions will be used only in exceptional circumstances and not where there is a clear case for refusing this application.

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Residential Moorings

Policy DC11. - RESIDENTIAL MOORINGS

  • All houseboats must be suitable for permanent residential occupation by the maximum number of persons for which permanent beds are provided as part of the integral construction of the boat.
  • No boats are to be moored where they may constitute a hazard or obstruction to navigation, or where there would be any interference with the general pedestrian usage of the adjoining towpath.
  • Adequate facilities should be provided for the storage and collection of domestic refuse.
  • All boats shall have integral satisfactory sanitary facilities. Disposal of foul waste shall only take place via the properly provided sanitary facilities or at a boatyard with the necessary pump out provision.
  • Where no electricity hook-up provision exists, the siting, type and hours of operation of electrical generators shall be subject to approval.
  • All locations for residential moorings shall include the provision of necessary car parking and suitable vehicular access, including access by emergency vehicles and suitable access for use by people with disabilities.
  • Only minor servicing/repairs of vessels shall take place at the approved mooring. All other such work is to be carried out at a suitable boatyard or other appropriate location way from the residential site.
  • Planning permission will not be granted for residential moorings in locations unsatisfactory by reason of noise, fumes or other nearby polluting activities.
  • In determining a planning application for residential moorings, account will be taken of the effect that such moorings and their associated activities may have on the amenities or activities of nearby residential or other uses.
  • Where residential moorings are provided, all necessary ancillary facilities shall be designed in such a way as to be sympathetic to the architectural quality and historic character of the canal.
  • No residential moorings shall be provided along the length of canal where the provision is in conflict with other Unitary Development Plan policies.
  • In certain locations it may be appropriate for a developer to enter into a planning obligation (Section 106 Agreement) before the granting of planning permission to ensure the overall satisfactory development and/or management of the site.
  • Developers of residential moorings are advised to obtain and apply the advice of British Waterways in respect of water safety, and of the Fire Authority in respect of fire safety.
  • Consultations on planning applications for residential moorings should include British Waterways (where they are not the applicant), Fire Authority, Environmental Services, the Housing Authority, and the Highway Authority.

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Design and Installation of Shop Front Roller Shutters

Policy DC12.- DESIGN AND INSTALLATION OF SHOP FRONT ROLLER SHUTTERS

Planning permission is required for the installation of all permanent roller shutters. All applications for the installation of roller shutters will be assessed using the following criteria.
  • Encouragement will be given to the integration of roller shutters as part of development proposals for new shop fronts, through the planning application process and pre-application discussion.
  • The applicant must satisfy the local planning authority that the type of security shutter they are proposing is the most appropriate.
  • Roller shutters should, wherever possible, not project across the pilasters of the shop front, or obscure any architectural detail or historic interest. The submitted plans should indicate this.
  • Roller shutter boxes should, wherever possible, be hidden within the structure of the building or behind shop fascias, so as not to affect the character and architecture of the building.
  • Metal roller shutters should be perforated and be colour powder coated or painted. Details of materials should be submitted with the planning application.
  • No more than 50% of the shutters should be solid.
  • Roller shutters which are totally solid will not be acceptable.
  • Special consideration will be given to the installation of roller shutters in Conservation Areas and Areas of Townscape Value.

16.61 There is a perceived conflict between the need for security for the Borough's shops and the need to improve the standard of design and the general appearance of shopping areas, particularly within the Borough's larger centres. These policy guidelines aim to remedy this by proposing solutions that will be acceptable both in terms of security and environmental quality.

16.62 Concentrations of solid galvanised roller shutters have a considerable detrimental impact upon main shopping frontages, particularly at night when they can create an intimidating environment for people who wish to use the area. This is particularly important within the Borough's centres, where the Council is looking to extend the life of the centres into the evening, by promoting an evening economy.

16.63 However, there is a also a need for the Borough's traders to be able to protect their premises, especially where high value goods such as jewellery are being sold or stored. They also have a requirement to satisfy their insurers that adequate security has been provided for their premises.

16.64 When applying for planning permission for the installation of roller shutters, the applicant must demonstrate that the type of roller shutter to be installed is the most suitable. The following types of security shutter have been listed in order of preference and should be considered:

Security glazing

16.65 This is the most appropriate form of security as it provides an anti-bandit screen and has less of an impact upon the street scene.

Rolling internal window security grilles

16.66 Rolling internal grilles are the preferred type of shutter as they allow light to penetrate through, provide a view of the window display and have a less detrimental effect upon the street scene.

Removable external security grilles

16.67 These shutters are similar to the internal type, but are less attractive in their appearance.

Perforated, powder coated metal shutters

16.68 These shutters allow light to penetrate, but are not as visually attractive as grilles.

Solid galvanised shutters

16.69 These shutters have a considerable detrimental effect upon the street scene, creating dead frontages and intimidating environments.

16.70 Shop blinds, roller shutters and security grilles also have a significant impact on the townscape value of an area. It is therefore proposed to adopt the following principles when determining planning applications for shopfront security within the designated areas:

  • External, solid, galvanised, steel roller shutters are not suitable for shopfronts;
  • Traditional timber shutters are prefer able, although laminated glass and internal chain-link screens are acceptable alternatives for historic shopfronts;
  • Traditional stall-risers and small shop windows between masonry piers can be an effective deterrent to ram raiders;
  • Where appropriate, security grilles should be wholly perforated and powder coated in a colour to match the shopfront.

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Shop Front Design

Policy DC13. - SHOP FRONT DESIGN

All planning applications for the installation of shop fronts will be assessed against the following criteria.
  • All shop fronts should be designed within the scale and architectural character of the building within which they are to be contained.
  • The design of shop fronts on Listed Buildings and within Conservation Areas and Areas of Townscape Value should be designed sympathetically to reflect the heritage value of the area, in addition to the principles outlined in this policy, (see also, Policy DC8 Development in Conservation Areas and Areas of Townscape Value).
  • All shop fronts should remain within their existing structural openings and be fully framed with fascia signs. Shop fronts and fascias must also be recessed behind pilasters.
  • Adjacent shop fronts should be separated by a pilaster, matching the building. However, original pilasters should be retained where they exist.
  • Original features, such as iron columns, ornamental brackets or carved stonework, should be preserved or restored.
  • Canopies should be retractable and sited below the fascia. (See also Policy DC12-Design and Installation of Shop Front Roller Shutters)
  • In order to ensure a high standard of shop front design, all applications for planning permission will require a detailed elevation of the proposed shop front in relation to the building within which it is to be contained, as well as adjacent shop fronts.
  • Retention of facades above shop fronts that are considered to be of good quality, or have special, architectural or historic interest should be encouraged. Wherever possible, the facades above shop fronts within Conservation Areas and Areas of Townscape Value should be protected and enhanced.
  • Whilst the attractiveness of a building should not be compromised, consideration should be given to the natural surveillance and safety and security when designing new shop fronts.

Chapter 16, Picture 5

16.71 Improving the quality and appearance of the Borough's centres is vital when seeking to attract and retain investment in the area. Currently, many of the Borough's largest centres are attracting interest from a number of major retail operators. In order to sustain this, the quality of the existing retail provision in the Borough will need to improve significantly.

16.72 As can currently be seen throughout the Borough, existing shop fronts are frequently out of scale with the building within which they are contained, their fascias are too large for the size of the building and many unsympathetic alterations have detracted from the architectural or historic value of properties.

16.73 Therefore, all proposals for new shop fronts will be expected to be extremely high in quality in terms of materials and design and security.

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