Introduction
5.1.1 This chapter sets out the policies which protect and enhance the natural, built, and historic environment of the Borough.
5.1.2 Bromley has natural and man-made environments are both very varied. Most of the Borough comprises open space of some description, varying from small formal and informal urban open spaces and parks of great importance to local communities, especially those living in the more densely developed areas, to natural countryside and farmland. The built environment is similarly varied, and includes fairly high density Victorian and Edwardian residential areas, more spacious inter and post-war suburban developments and the remnants of former large country estates exemplified by Sundridge Park and Holwood House.
5.1.3 It is important that the best features of these environments are conserved, whilst being carefully integrated within new developments to meet the needs of 21st Century living.
5.1.4 London Plan Policy 2.18 'Green Infrastructure: The Multifunctional network of Green and Open Spaces' and supplementary planning guidance on the All London Green Grid, recognises green infrastructure as an asset to be valued for the whole range of social, health, environmental, economic and educational benefits it brings to London.
Policy 37 General Design of Development All development proposals, including extensions to existing buildings, will be expected to be of a high standard of design and layout. Developments will be expected to meet all of the following criteria where they are relevant:
|
Supporting Text
5.1.5 The Council wishes to secure the creation of an attractive townscape and pleasant living and working conditions by ensuring that all new development (including extensions to existing buildings) makes a positive contribution to the area in which it is located and supporting the development of lifetime neighbourhoods. Good urban design including the space around and between buildings and their landscaping contributes to the quality of the built environment and can help urban regeneration.
5.1.6 The London Plan advises boroughs to develop policies that ensure the physical environment can meet the highest standards of accessibility and inclusion and that the principles of inclusive design are adopted at the earliest stages in the development process (i.e. when preparing development briefs or masterplans). Reference will be made to the Mayor’s SPG ‘Accessible London: Achieving an Inclusive Environment (GLA, 2014).
5.1.7 The design of new development should safeguard public amenity and improve the quality of life in the borough with new development relating well to the character of its surroundings. New development affects the streetscape now and in the future. By careful control, its relationship to its surroundings will encourage appropriate and sensitive designs. The Council will prepare supplementary planning guidance on design. In doing so and when considering the design aspects of individual proposals, reference will also be made to advice in National Planning Policy Guidance (NPPG), the National Planning Policy Framework (NPPF) and the London Plan (including Supplementary Planning Guidance).
5.1.8 It is important to encourage local distinctiveness and “sense of place”, particularly through the use of appropriate materials. Good modern design can be imaginative and innovative, and will be welcomed in appropriate circumstances where it contributes positively to the surrounding environment.
5.1.9 The Council will work in partnership with the police to promote designs and layouts which take account of crime prevention and community safety. Such measures should be taken into account when considering the design and layout of buildings and public areas. These measures can help create places that also connect well with other areas, encouraging the use of public transport, walking and cycling and ensure, for example, the overlooking of public areas, the inclusion of mixed uses that contribute to 24-hour occupancy, and the effective use of landscaping and lighting. In determining planning applications, the Council will refer to “Secured By Design” which is a UK Police Flagship initiative supporting the principles of designing out crime through the use of effective crime prevention and security standards, PPG and the NPPF.
5.1.10 New developments and the spaces about buildings are also expected to take account of and enhance biodiversity. The Council will, and developers should, have regards to the relevant British Standards related to biodiversity to ensure that planning proposals are informed by sufficient and appropriate ecological information.
5.1.11 In major development proposals a design statement should be submitted to the Council to include information on the key design principles, density, mix and distribution of uses, as well as provide sufficient illustrations to demonstrate the relationship of the development to its wider surroundings. The Council will also consider making Article 4 Directions where appropriate.
5.1.12 With regard to sustainable design and construction and on-site energy generation proposals reference should also be made to Local Plan policies 123 and 124, relevant policies in the London Plan and accompanying guidance.
Built Heritage
5.1.1 The National Planning Policy Framework (NPPF) requires Local Plans to set out a positive strategy for the conservation and enjoyment of the historic environment. The strategy should take into account:
Heritage Assets
5.1.2 Heritage assets within the Borough make an important contribution to place making and are valued highly by local residents. The following policies will ensure their sustainable management and allow change where appropriate.
Policy 38 Statutory Listed Buildings Applications for development involving a listed building or its setting, or for a change of use of a listed building, will be permitted provided that the character, appearance and special interest of the listed building are preserved and there is no harm to its setting. Where a proposal is judged to cause harm then it will be assessed against the relevant test in the National Planning Policy Framework (NPPF) depending on whether the harm caused is substantial or less than substantial. In the case of change of use, it is often preferable that a building is used for the purpose for which it was built, but where new uses are proposed the impact of these on the special interest of the heritage asset will be considered carefully. Applications for planning permission that involve total or substantial demolition of a listed building are wholly exceptional and will be considered as substantial harm and will be assessed against the tests laid out in paragraph 133 of the NPPF. |
Supporting Text
5.1.3 Under the provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the National Planning Policy Framework (NPPF), the Council is required to have special regard to the desirability of preserving listed buildings and their settings and 'conserving their significance,' i.e. the sum of its cultural, natural and heritage values. The Council will seek to ensure the preservation and conservation of buildings of historical and architectural interest.
Policy 39 Locally Listed Buildings Buildings on the Local List are considered to be non-designated heritage assets in the National Planning Policy Framework (NPPF). A proposal to alter, extend or for the change of use of a locally listed building will be permitted provided that:
|
Supporting Text
5.1.4 Buildings deemed to be of local or historical interest are included on the Council’s Local List as they contribute to the townscape or character of the Borough and the Council deems these buildings worthy of protection. The Council will encourage the preservation and conservation of buildings on the Local List. Where the replacement of a locally listed building is accepted, the proposed building should be of a high architectural standard.
Policy 40 Other Non-Designated Heritage Assets Where non-designated heritage assets are highlighted as at risk of harm from a planning application, clearly demonstrable reasons or evidence of their significance will be required. Where the Council agrees that such assets are worthy of protection, proposals to replace such buildings will be assessed against paragraph 135 of the National Planning Policy Framework (NPPF), taking into account the scale of harm or loss and the significance of the heritage asset. |
Supporting Text
5.1.5 It is recognised in the NPPF that heritage assets will not always have a formal designation and that communities can sometimes place their own value on a building or place. In order to avoid spurious or unsubstantiated claims, such interpretations will only be accepted based on a sound evidential base.
Policy 41 Conservation Areas Conservation Areas are areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance. Proposals for new development, for engineering works, alteration or extension to a building or for change of use of land or buildings within a conservation area will need to preserve and enhance its characteristics and appearance by:
Permission for demolition will only be granted once a suitable replacement has been accepted. A condition will be imposed on a planning permission granted, to ensure that demolition shall not take place until a contract for the carrying out of the development works has been made. |
Supporting Text
5.1.6 Each Conservation Area consists of a group or groups of buildings, trees and landscapes in a particular setting. The Council is required to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas, and will do so by maintaining strict management of development. Detailed guidelines for each Conservation Area and a description of the significance which it is desirable to conserve are contained in Conservation Area policy guidance, as required under Section 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990. In assessing the contribution made by a particular building to a conservation area, reference will be made to the current relevant Historic England Guidance. The Council will from time to time review Conservation Area Designations. A list of the Borough's Conservation Areas can be found in Appendix 10.16.
Policy 42 Development Adjacent To a Conservation Area A development proposal adjacent to a conservation area will be expected to preserve or enhance its setting and not detract from views into or out of the area. |
Supporting Text
5.1.7 A Conservation Area is a designated heritage asset and therefore its setting is a consideration in the determination of planning applications that occur outside its designated boundaries.
Policy 43 Trees in Conservation Areas Development will not be permitted if it will damage or lead to the loss of one or more significant and/ or important trees in a Conservation Area, unless:
|
Supporting Text
5.1.8 The Council recognises that trees often make an important and valuable contribution to the conservation area and will resist proposals where their health or visual amenity is threatened. When consent is given for a tree to be felled, an appropriate replacement will usually be required as a condition of that consent. Native species and local provenance will be sought as appropriate. Trees over 7.5cm in diameter measured at 1.5m from ground level in Conservation Areas are protected under the Town and Country Planning Act 1990 even where they are not covered by TPOs.
Policy 44 Areas of Special Residential Character Development proposed in areas designated as Areas of Special Residential Character (ASRCs) on the policies map will be required to respect, enhance and strengthen their special and distinctive qualities. |
Supporting Text
5.1.9 The Council has identified well established and coherent Areas of Special Residential Character where redevelopment proposals should respect, enhance and where appropriate strengthen the characteristics which most contribute to these areas’ special and distinctive qualities as identified in the Area Descriptions set out in Appendix 10.6.
5.1.10 The Appendix includes guidelines for the management of development in ASRCs. ASRCs are shown in the Policies Map. Background to the designation of ASRCs is set out in the 'Local Plan Background Paper on Potential Areas of Special Residential Character (2015),' whilst additional assessments are set out in the 2016 Local Plan Background Paper 'North Copers Cope and the Knoll ASRCs Spatial Character Assessments.' New ASRCs can be found in Appendix 10.6. Article 4 Directions are used where appropriate to remove permitted development rights where it impacts the special and distinctive qualities of ASRCs. The Council will seek to protect the environmental character of these areas by requiring proposals to have regard to the guidelines for the management of development.
5.1.11 The following areas are designated as ASRCs :
Policy 45 Historic Parks and Gardens Applications within or adjoining a Registered Historic Park or Garden will be expected to protect the special features, historic interest and setting of the park or garden. The Council will seek to ensure that the park or garden is appropriately managed or maintained in a manner which reflects its status and designation. |
Supporting Text
5.1.12 Historic England compiles a Register of Parks and Gardens of Special Historic Interest in England (National Heritage Act 1983). The main purpose of the Register is to identify historic parks and gardens that are of importance, in the national context, to England’s cultural heritage, and to encourage their appreciation, maintenance and enhancement
5.1.13 All sites on the Register are considered to be of special interest, by reason of, for example, their historic layout, features and architectural ornaments. Their individual importance varies, however, and they are classified into three categories: Grade I (of exceptional historic interest); Grade II* (of great historic interest); and Grade II (of special historic interest). The Register includes the following parks within the London Borough of Bromley:
5.1.14 The Register does not provide statutory protection, nor does it imply any additional powers to control development. However, the historic interest of a park or garden has been established as a material planning consideration, and in considering applications on the sites in the London Borough of Bromley, the Council will consult Historic England. Proposals impacting the significance of a Registered Park or Garden will also be assessed against the tests laid out in paragraphs 132-134 of the National Planning Policy Framework so that the park's significance is properly conserved. The Council will review from time to time other historic parks and gardens within the Borough with a view to identifying their special interest. Historic England, London Historic Parks & Gardens Trust and others will be consulted as part of the review process. The significance of each Registered Park or Garden is set out and described as part of their respective entries on Historic England's web-based National Heritage List.
Policy 46 Scheduled Monuments and Archaeology Planning permission will not be granted for development that would adversely affect Scheduled Ancient Monuments or other Nationally Important Archaeological Sites, involve significant alterations to them or harm their settings. When considering planning applications for development involving excavation or other ground works the Council will require that:
Where in situ preservation is appropriate, suitable designs, land uses and management strategies will be required, and any archaeological strategy that the Council may produce in the future should be promoted. |
Supporting Text
5.1.15 Scheduled monuments and archaeological remains constitute the principal surviving evidence of the Borough’s past. However they are vulnerable to modern development and changes in land use and are easily lost or damaged. The Council considers that preservation of archaeological sites and ancient monuments is a legitimate objective against which the demands of development must be balanced and fully assessed. The destruction of such remains should be avoided and should never take place without prior archaeological excavation and record.
5.1.16 In addition to Areas of Archaeological Significance, there are locations outside these defined boundaries where archaeological remains have been found and where there may be potential for further finds. Where development is proposed within an Area of Archaeological Significance (to be shown on the Policies Map), or near a site of archaeological potential, the Council will require a preliminary archaeological site evaluation before proposals are considered. The Council will seek the appropriate professional advice and will require applicants proposing development to do the same. Where the Council considers it appropriate, detailed investigation shall be carried out to an agreed written specification of work by a professionally qualified archaeological organisation or archaeological consultant. Bromley's Area of Archaeological Significance are due to be reviewed by Historic England and Supplementary Planning Guidance will be published identifying any proposed changes. Further advice can be provided by the Greater London Archaeological Advisory Service (GLAAS) within Historic England.
5.1.17 The Council will encourage early co-operation between landowners, developers and archaeologists in accordance with the Developers Liaison Group Code of Practice, and by attaching appropriate conditions to planning consents, and/or negotiate appropriate planning obligations (section 106 agreements).
5.1.18 It is important to increase public awareness of the historical and archaeological heritage of the Borough and to encourage its effective management as an educational and recreational resource. The Council will promote the conservation, protection and enhancement of ancient monuments and archaeological sites and their interpretation and presentation to the public.
5.1.19 The following sites in the Borough have been scheduled as Ancient Monuments:
Policy 47 Tall & Large Buildings Proposals for tall and large buildings will be required to make a positive contribution to the townscape ensuring that their massing, scale and layout enhances the character of the surrounding area. Tall and large buildings will need to be of the highest architectural design quality and materials and be appropriate to their local location and historic context, including strategic views. Proposals for tall buildings will be required to follow the current Historic England Guidance. |
Supporting Text
5.1.20 Tall buildings are those that exceed the general height of their surroundings and cause a significant change to the skyline. Much of the Borough is not considered appropriate for tall buildings due to the established suburban character of the Borough. However, potential may exist for such development to be considered in town centre locations which benefit from good public transport, exhibit an existing local built character that would allow for taller buildings, and where no harm would be caused to heritage assets, the wider historic environment or important views. The adopted Bromley Town Centre Area Action Plan identifies potential sites for tall buildings within the town centre.
Policy 48 Skyline The Council will require developments which may impact on the skyline to demonstrate how they will protect or enhance the quality of the views, vistas, gaps and skyline listed below. |
Supporting Text
5.1.21 The presence of a view or vista listed below will need to be taken into account in the design quality, configuration, height and site layout of new development or extensions to existing developments which may impact them. Views will need to be considered to ensure intrusive elements are not introduced whether in the foreground, middle ground or background through a visual impact assessment. The Council will work in partnership with neighbouring boroughs where there are cross-boundary views and settings so that these are positively managed.
5.1.22 Views of local importance:
5.1.23 Landmarks:
5.1.24 Major Skyline Ridges:
Open and Natural Space
5.2.1 On the Green Belt, the National Planning Policy Framework (NPPF) maintains its fundamental aim to prevent urban sprawl by keeping land permanently open ensuring that the essential characteristics of openness and their permanence are ensured.
5.2.2 The NPPF requires Local Authorities to set out a strategic approach in their Local Plans, planning positively for the creation, protection, enhancement and management of networks of biodiversity and green infrastructure. Policies should set out criteria against which proposals for any development on or affecting protected wildlife or geodiversity sites or landscape areas will be judged. Distinctions should be made between the hierarchy of international, national and locally designated sites, so that protection is commensurate with their status and gives appropriate weight to their importance and the contribution that they make to wider ecological networks.
Policy 49 The Green Belt Within the Green Belt permission will not be given for inappropriate development unless very special circumstances can be demonstrated that clearly outweigh the harm by reason of inappropriateness or any other harm. The construction of new buildings on land falling within the Green Belt will be inappropriate, unless it is for the following purposes:
|
Supporting Text
5.2.3 The protection and importance of the Green Belt are also highlighted in the ‘Core Principles’ of the NPPF (NPPF, Para 17). Paragraphs 79-92 of the NPPF give clear policy guidance on the functions the Green Belt performs, its key characteristics, acceptable uses and how its boundaries should be altered, if necessary. The greatest pressure for change is likely to greatest along the boundary of Green Belt, where it meets the built up area.
5.2.4 In order to maintain the Green Belt's fundamental characteristics of openness and permanence, it development should only be approved in ‘very special circumstances’.
5.2.5 The exceptions to inappropriate development are set out in the NPPF and Local Plan Policies. Additionally there may be circumstances where permitted development rights have been withdrawn under an Article 4 direction, for example in relation to the subdivision of plots of agricultural land. As these may change during the life of the plan, they are not shown on the Local Plan Policies map, but the directions, which include maps of the area to which they relate is maintained on the Bromley web site (www.bromley.gov.uk).
5.2.6 Local planning authorities should ensure that great consideration and restraint is given to any potentially harmful activities on the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations (NPPF, Para 88).
5.2.7 The Green Belt in Bromley also includes villages and some isolated pockets of residential development. The NPPF allows for limited infilling in villages.
5.2.8 The policy also allows for the limited infilling or the partial or complete redevelopment of previously developed sites, which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development. This enables development on sites within the Green Belt whether redundant or in continuing use (excluding temporary buildings).
5.2.9 The ‘Community Right to Build’ allows local communities to undertake small-scale, site-specific, community-led developments which have been supported by the local community through a referendum.
Policy 50 Metropolitan Open Land The Metropolitan Open Land (MOL) will be given the same level of protection as Green Belt. The exceptions to inappropriate development are consistent with Green Belt policy and permission will not be given for inappropriate development except in very special circumstances. |
Supporting Text
5.2.10 The London Plan applies the same level of protection to the Metropolitan Open Land as is afforded to Metropolitan Green Belt, noting that both have an important role to play as part of London’s multi-functional green infrastructure and that the Mayor is keen to see improvements in its overall quality and accessibility. Such improvements are likely to help human health, biodiversity and improve overall quality of life.
5.2.11 The Metropolitan Open Land will have met at least one of the following criteria to have justified its inclusion within that designation:
5.2.12 Green chains are important to London’s open space network, recreation and biodiversity. They consist of footpaths and the open spaces that they link, which are accessible to the public. The London Plan therefore advises that open spaces and links within a Green Chain should be designated as MOL due to their London wide importance.
Policy 51 Dwellings in the Green Belt or on Metropolitan Open Land Extensions or alterations to dwellinghouses in the Green Belt or Metropolitan Open and (MOL) will only be permitted if:
Other development within the curtilage is inappropriate by definition and would only be permitted where very special circumstances have been demonstrated. |
Supporting Text
5.2.13 The Council wishes to ensure that there is no incremental harm to the Green Belt or Metropolitan Open Land (MOL) by excessive subsequent extensions to dwellings within the Green Belt or MOL that collectively may jeopardise the open nature of the countryside, or other open land.
5.2.14 The 'original dwelling' in the context of this policy follows the definition of 'original building' in the NPPF: ‘A building as it existed on 1 July 1948 or, if constructed after 1 July 1948, as it was built originally”.
5.2.15 Where development is permitted, it will be subject to other policies addressing the design and landscaping of proposals in the countryside.
5.2.16 The policy will not apply to dwellings that have been created by re-use of a building within the Green Belt.
Policy 52 Replacement Residential Dwellings in the Green Belt Where a building is in residential use in the Green Belt or on Metropolitan Open Land (MOL), the Council will permit its replacement by a new dwelling providing that:
|
Supporting Text
5.2.17 The National Planning Policy Framework (NPPF) indicates that the replacement of a building is not inappropriate provided the new building is in the same use and not materially larger than the one it replaces. In general an increase of over 10% would be considered material, although this may also depend on design issues.
Policy 53 Land Adjoining Green Belt or Metropolitan Open Land Proposals for development on land abutting either the Green Belt or Metropolitan Open Land (MOL), should ensure that they have no detrimental effect on the visual amenity, character or nature conservation value of the adjacent designated area. |
Supporting Text
5.2.18 Many sites including open space which adjoins the Green Belt or MOL. The Council wishes to see such land retained as a buffer between built development and the open land, to ensure that both the character and visual amenity of the Green Belt fringe and MOL sites is maintained. While in many cases extensive gardens represent the majority of the land to be protected, any sites considered to be of visual or ecological importance to Green Belt or MOL will be subject to this policy.
Policy 54 South East London Green Chain Development proposals will be required to respect and not harm the character or function of the Green Chain or the Green Chain Walk. Measures to protect this designated area are to include the use of suitable screening, landscaping or in appropriate areas the planting of native vegetation and enhancing of wildlife habitats. |
Supporting Text
5.2.19 The Council will protect land within the Green Chain and promote it as a recreational resource whilst conserving and, where appropriate, enhancing the landscape. The South East London Green Chain comprises a number of open spaces in a variety of ownerships and largely in recreational use, which extend in a virtually continuous arc from the Thames, through the London Boroughs of Bexley, Greenwich, Lewisham, Southwark and Bromley.
5.2.20 The concept of "Green Chains" is recognised and incorporated into The London Plan (para 7.56 and Policy 7.17). Paragraph 7.56 states that:
5.2.21 A series of signposted walking routes has been established through the Green Chain. In addition to providing a recreational route, this walk effectively ties together the separate open space sites giving the Green Chain a sense of cohesion. This walk also forms part one of London's strategic walking routes, the 'Capital Ring'.
Policy 55 Urban Open Space Proposals for built development in Urban Open Space (UOS) will be permitted only under the following circumstances:
Where there is a demonstrable need for additional educational buildings sensitive design and siting will be sought to ensure that the impact on the open nature of the site is limited as far as is possible without compromising the educational requirements. In all other cases the scale, siting, and size of the proposal should not unduly impair the open nature of the site. |
Supporting Text
5.2.22 The London Plan recognises the importance of locally important open spaces to the local communities within the built-up area. It is left to individual councils to identify the sites and decide upon the approach to be adopted in protecting them.
5.2.23 The Council considers that the numerous open spaces within the urban area, not already defined as Metropolitan Open Land, also require protection. The areas that have been identified as Urban Open Space (UOS) are considered to be of local significance. Not all of them have public access, but they nevertheless fulfil specific functions within their localities and provide important breaks within the built-up area. In so doing, they make a significant contribution to the residential environment. The sites comprise a variety of uses, the main ones being private and public recreational open space, playing fields and allotments. Many schools, their grounds and playing fields are designated UOS. They are also defined as “Education Land” and protected under Local Plan Policy 27 for education purposes for the period of the plan.
5.2.24 The primary purpose of the UOS policy is to protect the open character of these smaller open spaces. Clause (i) of the policy recognises that additions or extensions may be necessary, provided that they are related to and essential for the function of the existing main use. In this context, residential and indoor sports development will not be regarded as acceptable, related uses. Where indoor sports development is related to existing or allocated education use clause (i) will not apply. Such education sports development will be required to comply with the rest of the policy relating sensitive siting to ensure that the impact on the open nature of the site is limited as far as is possible without compromising the educational requirements.
5.2.25 On sites where there are no buildings, proposals associated with the functioning of outdoor sports or small-scale children's indoor play facilities may be permitted under clause (ii), provided that the predominantly open nature of the site is not impaired. Children's play facilities would supplement existing outdoor play areas, particularly in the winter, as well as encouraging greater use of the open spaces in which they were located.
5.2.26 Clause (iii) applies in cases where existing buildings have become redundant or no longer meet the standards of facilities expected by users. In such cases, any proposed replacement buildings should not cover more of the site than the existing buildings, and, although the position of the development within the site may be altered the siting of buildings should not unduly impair the open nature of the site. It is important to note that where the existing use is for social infrastructure any new buildings will also be subject to Local Plan community facilities policies.
5.2.27 There is significant pressure for increased educational provision in the Borough and across London and the NPPF advises that planning authorities should give great weight to the need to create, expand or alter schools. Approximately 40% of existing schools fall with UOS designation and it is therefore important to enable them to address the educational needs whilst limiting the impact on the open nature of the site. Unless the specific nature of the site suggests otherwise, educational development on Urban Open Space should seek to be developed over multiple floors, minimising the footprint and the impact on openness.
Policy 56 Local Green Space Local Green Space is green or open space which has been demonstrated to have special qualities and holds particular significance to the local community which it serves. Development which causes harm to the “special qualities” of a Local Green Space as defined within its Statement of Significance but is otherwise policy compliant will be considered inappropriate and will not be accepted except in very special circumstances. |
Supporting Text
5.2.28 Local Green Spaces are green areas or open spaces which have been demonstrated to have particular value and significance to the local community which they serve because of special qualities set out in their Statement of Significance. In a designated Local Green Space, proposals which comply with other relevant policies and designations will only be appropriate where these do not harm the special qualities of the site as defined within its Statement. Development which is likely to cause harm to the special qualities of sites will only be acceptable in very special circumstances which clearly outweigh the harm.
5.2.29 Where a Neighbourhood Plan proposes to designate a site as Local Green Space it will be expected to use the criteria and methodology used by the Council to assess sites nominated for the Local Green Space designation, as set out in the Local Green Space Background Document. This is to ensure that the criteria is consistently applied between sites put forward for the Local Green Space designation, unless there are justified reasons for an alternative approach, and to ensure that Neighbourhood Plans remain in general conformity with Bromley’s Local Plan.
5.2.30 The following twenty five sites are designated as Local Green Space in the Local Plan. Their boundaries are shown in Appendix 10.8:
Policy 57 Outdoor Recreation and Leisure Proposals for development related to outdoor recreational uses on land designated as Green Belt, Metropolitan Open Land (MOL) or Green Chain will be permitted provided that:
|
Supporting Text
5.2.31 Both the Green Belt and MOL are a significant resource for outdoor sport and recreation. The NPPF advises that local planning authorities should plan positively to enhance the beneficial use of the Green Belt. This is particularly so on the urban fringe, where such facilities are more accessible to the urban population. It is desirable, therefore, to prevent any loss of existing or potential recreational land, while ensuring that recreational activity does not threaten the other qualities and functions of MOL and Green Belt.
Policy 58 Outdoor Sport, Recreation and Play The Council seeks to retain sports, recreation and playing fields and will resist their loss unless it can be demonstrated that the open space, buildings and other land used for sport, recreation and play are surplus to requirements. In such cases, if there is a deficiency in another category of open space, proposals will be required to secure the conversion of part of the site or of other land to reduce or eliminate that deficiency. The Council will support the enhancement of outdoor sport and recreation facilities provided that:
|
5.2.32 The National Planning Policy Framework (NPPF) expects sport and recreation facilities to be protected through policy. There should be no unjustified facility loss, and any loss should be able to be justified on the basis of a robust and up-to-date assessment of current and future community needs, and provision made for a suitable replacement. Alternatively, loss should occur through a development for alternative sports and recreation provision the need for which clearly outweighs the loss.
5.2.33 The NPPF reflects the Sport England guidance in respect of playing pitches but applies it across existing open space and sports and recreational buildings and land.
5.2.34 Sport England is a statutory consultee on planning applications affecting playing field land, which is defined as the whole of a site which encompasses at least one playing pitch. Their comments should then be taking into account prior to making any decision whether or not to grant planning permission. This requirement is set out by the government in Statutory Instrument 2010/2184. Sport England oppose proposals which result in the loss of playing field land unless it is satisfied that the application meets with one or more of five specific exceptions which are incorporated in para 74 of the National Planning Policy Framework. Sport England may raise objections to applications on sites which are of special significance to the interests of sport in the locality, including for example sites that accommodate the highest level of competitive play within an area and/or are well established as a focal point for sports development activities that cannot be easily transferred to an alternative site. In such circumstances sites cannot be considered surplus to requirements.
5.2.35 With regard to school playing fields the Secretary of State for Education has a general presumption against the need to change the pattern of school playing field provision by disposal or change of use.
5.2.36 Sports grounds and playing fields will also be subject to other open space policies as appropriate. Policy 59 adds support to these policies by ensuring that the best use is made of existing playing fields.
5.2.37 Proposals for war games, clay pigeon shooting, model aircraft flying, motorcycle scrambling and other similar potentially noisy uses. In all cases, conditions will be attached to any consent limiting the hours and frequency of use, the number of participants, the provision of signing and fencing of boundaries. Normally the Council will only be prepared to grant a temporary planning permission so that the environmental impact can be fully assessed. Planning permission will not be granted where the activities would impinge upon areas designated for their nature conservation, archaeological, or landscape interest.
Policy 59 Public Open Space Deficiency The Council will seek, where opportunities arise and finance permits, to secure improvements in the amount and distribution of, and access to, open space in areas of deficiency identified by the Council. |
Supporting Text
5.2.38 The Council has identified areas of public open space deficiency based on the hierarchy of open space. This hierarchy is included in the London Plan (Table 7.2) as the standard for public open space provision in London. The areas of open space deficiency are shown on the Local Park Deficiency Map. This is available to view and download in the Supporting Documents folder in the online consultation portal or on request at local libraries.
5.2.39 Some areas of deficiency are unlikely to be reduced in the foreseeable future. A priority for the Council will be addressing the lack of open space at local park level (2ha). Small local parks are particularly valuable to the less mobile, such as the elderly and carers with young children. Public open space can be provided appropriately as part of new housing, retail, leisure and employment developments.
5.2.40 Where appropriate, the Council will seek, by agreement, provision of new open space in such developments. Providing access to open space and to other open land in public ownership such as school playing fields can also help to improve the provision of open space.
Policy 60 Public Rights of Way and Other Recreational Routes Planning permission will not be granted for development affecting a Public Right of Way unless the proposals include either the retention or diversion of the Right of Way such that, as a route, it is no less attractive, safe or convenient for public use. The same principle will apply to all other requests for changes to the Rights of Way network. Where appropriate additional routes to create links to Access Land, between open spaces and between established walks or for improvements or maintenance to existing walks will be sought through the use of conditions or planning obligations |
Supporting Text
5.2.41 A well maintained, promoted and signposted network of footpaths, bridleways and byways, both through the urban and rural areas, enables people to pursue different forms of recreation and to gain access to open space and to the countryside. Through the provision of permissive routes for walkers and horse riders, the borough network of paths and bridleways can, where possible, be further extended and, through positive countryside management, be further improved. The Defra Rights of Way Circular (1/09) contains guidance on the consideration of rights of way in association with development, which will be made reference to in planning decisions. Under the Countryside and Rights of Way Act 2000, proposed Access Land, over which people will have a right to walk, has been mapped. New Access Land will usually mean open country (Downland in Bromley) and registered common land.
5.2.42 The promotion of circular walks encourages greater use of the Green Belt and Green Chain and may serve to direct the public away from areas which are already under pressure through over use. The Council will continue to support the South
5.2.43 East London Green Chain Walk, as well as being part of a longer-distance strategic route, promoted by Walk London. Those parts of the Capital Ring, the London Loop and Waterlink Way, which pass through the Borough, is shown on the Policies Map.
Policy 61 Horses, Stabling and Riding Facilities Stable blocks, loose boxes and other essential buildings and associated works connected with equestrian activities will generally only be permitted if:
|
Supporting Text
5.2.44 The Council recognises the increasing demand for horse riding and the keeping of horses as a pastime and that the associated buildings and uses can be an integral part of the rural environment. The popularity of this activity, however, has given rise to a number of problems. The location, standard and intensity of buildings required in connection with equestrian activity threaten to spoil the appearance and the character of the Green Belt and other open areas. Other problems include untidy jumping areas, over-intensive grazing and riding on footpaths, all of which the Council wishes to discourage in order to safeguard other uses of the countryside and to prevent the landscape becoming unsightly. Conditions will be imposed where appropriate to control the storage and removal of horse-related waste. Encouragement for schemes which amalgamate facilities on adjoining land in different ownerships should help to minimise visual intrusion and result in a better design and layout.
5.2.45 Applications for stables or loose boxes will only be considered acceptable if there remains a commensurately large area of associated open land adjacent, for the grazing of horses. In this regard, the Council will require the designated paddock land to remain in the same ownership as, or under the control of, the operator of the stables and should be a minimum ratio of 0.4 ha per horse. The British Horse Society’s recommended standard of 0.4ha per horse is considered to be a minimum requirement for grazing horses. Where the proposed stables or loose boxes are within the curtilage of an existing livery stable or riding school, the number of horses kept and exercised in the locality, the intensity of use of local bridleways and the effects on the surrounding countryside of horse-related activities will be taken into account.
Policy 62 Agricultural Land Development that complies with the requirements of the Local Plan Green Belt Policy but will lead to the loss of the best and most versatile agricultural land will be expected to be designed to allow for future economic re-use of the land for agriculture. |
Supporting Text
5.2.46 The National Planning Policy Framework (NPPF) advises that local planning authorities should take into account the economic and other benefits of the best and most versatile agricultural land. It indicates that where significant development of agricultural land is demonstrated to be necessary, local planning authorities should seek to use areas of poorer quality land in preference to that of a higher quality.
5.2.47 The London Plan (Policy 7.22) seeks to encourage and support thriving and land-based sectors in London, particularly in the Green Belt.
Policy 63 Development Related to Farm Diversification Development related to farm diversification schemes will be permitted where:
|
Supporting Text
5.2.48 Rural areas are becoming less reliant on the agricultural industry as a form of livelihood. While not overriding Green Belt policies, this policy allows farmers to look beyond traditional agricultural practice to supplement their incomes. The Council will expect farm diversification schemes to be well-conceived and consistent in scale to their rural and Green Belt locations. Potential diversification projects could include woodland management, farm shops, equestrian businesses, sporting facilities, nature trails and craft workshops. The Council will expect the applicant to explore the possibility of re-using or replacing existing buildings where feasible. Farm shops that sell a significant amount of produce from elsewhere is a separate use and requires planning permission.
Policy 64 Agricultural Dwellings When considering applications for agricultural workers' dwellings, the Council will require to be satisfied that:
|
Policy 65 Temporary Agricultural Dwellings When considering applications for temporary agricultural workers' dwellings, the Council will require to be satisfied that:
|
Policy 66 Occupancy Conditions Occupancy conditions for agricultural workers' dwellings in the countryside will only be removed when it is demonstrated that the dwelling is no longer needed, now and for the foreseeable future, for someone solely, mainly or last working in agriculture on the holding and in the dwelling's general locality. Where such conditions are removed, permission will not normally be granted for new agricultural or forestry workers' dwellings on the holding or on any new holding created by its sub-division. The Council may require an agreement under Section 106 of the Town and Country Planning Act 1990 preventing the sale of the dwelling or parts of the land separately from the land forming the holding. |
Supporting Text
5.2.49 The NPPF is clear that new isolated homes in the countryside should be avoided other than in special circumstances including the essential need for a rural worker to live permanently at or near their place of work in the countryside.
5.2.50 If permission for temporary accommodation (i.e. a mobile home) is granted, permission for a permanent dwelling will not subsequently be given unless the criteria relating to permanent agricultural dwellings are met. Permission for a permanent extension to a temporary dwelling will not be acceptable.
5.2.51 Conditions and planning obligations will be applied to planning permissions for agricultural workers' dwellings to ensure that the dwelling is retained for use by persons solely or last employed in agriculture in the locality and their resident dependants.
Policy 67 Minerals Workings and Associated Development In considering planning applications for mineral extraction, the Council will require assurance that:
|
Supporting Text
5.2.52 Planning applications for mineral extraction will be screened to determine whether they require an Environmental Impact Assessment.
5.2.53 Mineral extraction is an activity that causes considerable disruption and can have widespread effects on local residential and visual amenity, landscapes, nature conservation interests, existing uses, transport networks, and safety. Under such circumstances, it is important for both the Council and the local community to be assured that any associated development will be kept to the minimum, and that the restoration of the land to a high standard will take place.
5.2.54 The extent, nature, and location of deposits has not been mapped, however, it is assumed that any workable deposits will lie beneath Green Belt land and will therefore be safeguarded against surface development, which would preclude their exploitation at a future date.
5.2.55 Restoration of land affected by mineral workings is a very important factor, and one that will be considered at an early stage in the planning process. The Council will expect the highest standards to be attained in this respect, and the use to which the restored land is put to accord with the appropriate policies of this plan. In particular, restoration and aftercare should provide the means to maintain or enhance the long-term quality of the land and landscapes taken for mineral extraction. Reclamation can also provide opportunities for creating or enhancing sites for nature conservation. To ensure these standards are achieved, any permission will be subject to a legal agreement.
Nature Conservation and Development
5.3.1 Local authorities are required by The Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000) to have regard to the desirability of conserving the natural beauty and amenity of the countryside, and a duty to have regard for biodiversity commensurate with their functions under the National Environment and Rural Communities Act (NERC) 2006. This duty embraces the conservation of flora, fauna, geological and physiological features and extends to urban as well as rural areas.
5.3.2 London's wildlife resources are an important amenity that should be considered whenever development is proposed. These policies aim to protect those sites and features which are of ecological interest and value, and those which are an important educational and recreational resource for the Borough. The Council will pay particular attention to the conservation of habitats characteristic of the area, such as chalk grassland, ancient woodland and lowland heath. Wherever possible, the sympathetic management of such habitats will be encouraged through planning conditions, obligations or voluntary agreements. The Bromley Biodiversity Plan (2015) translates the Borough's biodiversity duty as set out in the NERC and carried over to national and regional biodiversity strategies to the context of Bromley. The Strategy promotes the conservation enhancement and protection of biodiverse spaces and identifies the protected and priority species and habitats of note in Bromley.
5.3.3 The classification of nature conservation sites in Bromley is as follows:
Policy 68 Development and SSSI A development proposal within or that may have an adverse effect on a Site of Special Scientific Interest will not be permitted unless:
|
Policy 69 Development and Nature Conservation Sites A development proposal that may significantly affect the nature conservation interest or value of a Local Nature Reserve (LNR), Site of Importance for Nature Conservation (SINC) or a Regionally Important Geological Site (RIG) will be permitted only:
|
Policy 70 Wildlife Features Where development proposals are otherwise acceptable, but cannot avoid damage to and/or loss of wildlife features, the Council will seek through planning obligations or conditions:
|
Supporting Text
5.3.4 Development proposals should begin by understanding their wider context and viewing promotion of nature conservation as integral to the scheme. New development should improve existing or create new habitats or use design (green roofs, living walls, nest boxes and next bricks) to enhance biodiversity and provide for its on-going management. Most wildlife habitats are difficult to recreate, accordingly the replacement or relocation of species and habitats should only be a last resort. Planning proposals should be informed by the relevant British Standard(s) regarding Biodiversity as part of this process.
5.3.5 Any benefits of a proposal required to outweigh nature conservation or geological value will depend on the importance of the individual site. The national importance of SSSIs justifies the special scrutiny of development proposals within or likely to affect such areas.
Policy 71 Additional Nature Conservation Sites If during the course of an application for a development proposal the nature conservation interest of the site becomes evident, the protection and active management of that site will be sought as part of the proposal. |
Supporting Text
5.3.6 It is likely that, through the development control process, additional sites of nature conservation interest will become evident. Where such circumstances arise, the Council will carry out a full assessment of that interest in consultation with relevant nature conservation bodies and, where appropriate, recommend sites’ formal designation in order to protect indigenous species and/or habitats. Where appropriate, the designation of further Local Nature Reserves will be supported.
Policy 72 Protected Species Planning permission will not be granted for development or change of use of land that will have an adverse effect on protected species, unless mitigating measures can be secured to facilitate survival, reduce disturbance or provide alternative habitats. |
Supporting Text
5.3.7 Many plant and animal species (including badgers, bats, dormice, great crested newts and some species of birds) are statutorily protected. The Wildlife and Countryside Act 1981 contains schedules of many of the species which are given protection. For the purposes of this policy, statutorily protected species are those included on Schedules 1, 5 and 8 of the Act or national and European legislation (e.g. badgers) and guidance for the protection of habitats and species. The UK Biodiversity Plan (1994) identifies priority species as a valuable ecological resource to be conserved. These are listed under section 41 of the Natural Environment & Rural Communities Act 2006. These schedules are updated on a regular basis and local authorities are kept informed of any changes. In addition, the Biodiversity Plan identifies the Priority Species for Bromley, including plant, fungi, bird, and butterfly species of rare or threatened status. These should be taken into special consideration when development or change of use occurs and mitigation measures secured as above.
Policy 73 Development and Trees Proposals for new development will be required to take particular account of existing trees on the site and on adjoining land, which in the interests of visual amenity and/or wildlife habitat, are considered desirable to be retained. Tree preservation orders will be used to protect trees of environmental importance and visual amenity. When trees have to be felled, the Council will seek suitable replanting. |
Supporting Text
5.3.8 Trees are important features of the Borough's environment and are a valuable resource for wildlife. The Council places a high priority on their retention and protection. They can be protected by the making of a Tree Preservation Order (TPO) which can relate to individual trees, groups of trees or areas of woodland. Trees will be assessed against criteria that take into account public visibility, retention span, condition and the risk of loss. Numerous trees and woodlands throughout the Borough are protected by TPOs. Policy 43 sets out how the Council will assess applications for the felling of trees in Conservation Areas.
5.3.9 When considering development proposals the Council will seek the retention value healthy trees of amenity. Where trees are retained within new development sites, they can help to create a settled appearance to the landscape while newly planted trees will take a number of years to reach maturity. Where new trees are planted, native species and local provenance will be sought as appropriate.
5.3.10 When development proposals threaten to impact negatively important/significant trees, the Council will require the submission of a tree survey, and arboriculture implications assessment in accordance with British Standard BS5837:2012 – trees in relation to construction.
Policy 74 Conservation and Management of Trees and Woodlands To improve the amenity and conservation value of trees and woodlands, the Council will:
|
Supporting Text
5.3.11 The majority of woodlands in the Borough have been identified as ancient in origin (i.e. there has been a continuous woodland cover since 1600) and have a high nature conservation value. Every encouragement will be given to owners to manage their trees and woodlands appropriately.
5.3.12 Within the built up-area, natural regeneration of trees does not generally take place and a continuing programme of planting is necessary to replace those lost through old age, disease and the effects of new building. The Council will make use of planning conditions and obligations to achieve new planting of suitable tree species, native and/or of local provenance as appropriate, through the planning process.
Policy 75 Hedgerows and Development In considering development proposals, the Council will normally expect the retention and beneficial management of any existing hedgerow; where a hedgerow is to be removed, the Council will, where appropriate, require its replacement with native hedgerow species. |
Supporting Text
5.3.13 Hedgerows can play an important role in softening and screening new developments, in defining boundaries and in protecting the privacy of adjoining properties. The Council will resist the removal of significant hedgerows, particularly ancient hedgerows, and will use its statutory powers to seek appropriate replacement where hedgerows are removed without consent.
5.3.14 In granting planning permission for new development where significant hedgerows, including ancient hedgerows, are to be retained, the Council will ensure that these hedgerows are given appropriate protection during the building works through the use of planning conditions.
Policy 76 Kent Downs Area of Outstanding Natural Beauty The Council will protect, conserve and enhance the Kent Downs Area of Outstanding Natural Beauty (AONB) and its setting, from development considered to have a detrimental impact on the landscape of the area. |
Supporting Text
5.3.15 The Kent Downs Area of Natural Beauty (AONB) was designated by the Countryside Commission (now Natural England) in 1968. This designation formally recognises the importance of the unique landscape quality in order to preserve and enhance its characteristic natural features, including flora and fauna, and to maintain its beauty. Although only a small portion of the 878 sq km of the AONB lies within Bromley, and is the only such area in London, it is an integral part of the AONB as a whole and of national importance. The Council will consult Natural England on proposals considered likely to have a material effect on the landscape, consult and will make reference to the Kent AONB Management Plan. Proposals considered by the Council as constituting major development in the local context will be refused except in exceptional circumstances and where it can be demonstrated that they are in the public interest, as per the test in the National Planning Policy Framework.
Policy 77 Landscape Quality and Character In considering development proposals and in the management of its own land and operations, the Council will:
|
Supporting Text
5.3.16 Extensive areas of open land in the Borough have considerable landscape value. These areas are principally within the Green Belt, but also includes some areas of Metropolitan Open Land (MOL). They overlap with the Kent Downs AONB and include Sites of Special Scientific Interest, Sites of Importance for Nature Conservation and Local Nature Reserves. Holwood Park, Down House, Sundridge Park, and Crystal Park are included on English Heritage’s Register of Historic Parks and Gardens in part for their landscape value.
5.3.17 When considering proposals, the Council will pay special attention to the need to preserve the landscape, whether for its visual, historic or nature conservation value. Proposals, for example, for open space recreational uses, which, in principle, may be acceptable within the Green Belt or on MOL, can affect the appearance of the land.
Policy 78 Green Corridors In considering development proposals, the Council will assess the likely impact on the quality and character of green corridors through the Borough and will seek and support appropriate enhancement and management. |
Supporting Text
5.3.18 The links, stepping stones and wildlife corridors from one habitat to another are important and recognised in the London Plan. The London Plan defines Green Corridors as relatively continuous areas of open space leading through the built environment, which may be linked and may not be publicly accessible and provide an extension to the habitats of the sites they join.
5.3.19 They need not be very wide, but they are essential routes for the movement of both flora and fauna and, as they are often undisturbed, can provide similar conditions to formally designated nature reserves.
Policy 79 Biodiversity and Access to Nature The Council will enhance biodiversity across the Borough, assist ecological restoration and address spatial deficiencies in access to nature by:
|
Supporting Text
5.3.20 The 2016 London Plan (Policy 7.19) notes that London contains numerous Sites of Importance for Nature Conservation which form an integral part of London’s green infrastructure and should be linked to other parts of the network to enhance its value.
5.3.21 The Mayor's London All Green Grid SPG and associated area framework for Downloads provides guidance on the implementation of the policy framework in the London Plan for a green infrastructure strategy for London. It is a key document for facilitating improvements to the network, including to the broad green corridors which it identifies.
5.3.22 The Mayor’s Biodiversity Strategy sets out criteria and procedures for identifying land of importance for London’s biodiversity for protection in Local Plans and identifying areas of deficiency in access to nature. The Mayor and the London Biodiversity Partnership (BAP) have identified targets for the re-creation and restoration of priority habitats, and priority is placed on connecting fragmented habitat and increasing the size of habitat areas to increase resilience to climate change.
5.3.23 The Bromley Biodiversity Plan (2015) translates national and regional biodiversity strategies to the context of Bromley, particularly the borough’s biodiversity duty as set out in the Natural Environment and Rural Communities Act 2006 (NERC). It promotes a coordinated Strategy for conserving, protecting and enhancing biodiversity at the local level to maintain , enhance and restore SINCs and other biodiverse spaces. It provides best practice guidelines for protecting and enhancing biodiversity in the borough for all stakeholders involved in maintaining and managing them including Friends Groups, planners and developers, landowners and contractors volunteer groups and the general public. The plan aims to sustain local species and habitats for future generations
< Previous | ^ Top | Next >