Constraints on Development in Mansfield
Constraints
Some sites are subject to certain constraints that can have a twofold affect on development as they will determine;
- Whether a consent or permission is required and
- Affect how individual applications are then determined.
The main constraints within the Mansfield District are as follows;
Flood Risk Zones
The Environment Agency (EA) produces maps indicating Flood Risk Zones for rivers based on a 1 in 1000 chance of occurrence. These areas are categorised into 3 specific zones of risk, where Zones 2 and 3 are at the greatest risk. Whilst development in Zones 2 and 3 is not precluded, applications for developments in these zones must be accompanied by a Flood Risk Assessment that illustrates how potential flooding issues have been addressed. It is also advised that applicants contact the EA directly for developments on sites in excess of 1 hectare. The Environment Agency Flooding page provides maps and more detailed advice in relation to flood issues. Policy U6 in the Utilities and Energy chapter of the Mansfield District Local Plan also relates to development in flood plains.
Trees covered by a Tree Preservation Order (TPO)
Trees are a valuable natural resource and should be retained, where feasible, in all forms of development. In order to protect the trees that make a significant contribution to the amenity of the District, various TPO's have been made on a range of individual trees, groups of trees and woodland areas. Whilst a TPO does not preclude development, it does require the careful consideration of any proposals for work to such trees. In addition, even where no built development is proposed, consent is still required to fell, prune or lop protected trees. The sites that contain a TPO can be viewed using the Council's interactive mapping service Mansfield Maps On-line.
Conservation Areas
There are 10 Conservation Areas in the district of Mansfield that have been designated as areas with special characteristics that are worthy of protection or enhancement. Whilst development is not precluded in conservation areas, any development is required to preserve or enhance the character or appearance of the area. Additional planning controls apply in such areas in terms of more restrictive permitted development rights for new build, demolition works and for the felling/lopping of trees. The areas designated as Conservation Areas can be viewed using the Council's interactive mapping service Mansfield Maps On-line and any development within these areas will be considered against Policies BE6, BE7 & BE9 in the Built Environment section of the Mansfield District Council Local Plan Chapter 4 - Environment. In addition, Policy BE8 of the Local Plan relates to developments that are adjacent to Conservation Areas.
Listed Buildings
Certain buildings are listed by the Government because of their special historic or architectural interest. Although not all works to listed buildings require planning permission, Listed Building Consent is required for alterations, extensions, demolition and for signs attached to the building. Buildings that are listed can be viewed using the Council's interactive mapping service Mansfield Maps On-line and any development affecting a listed building will be considered against Policies BE2, BE3 & BE5 in the Built Environment section of the Mansfield District Council Local Plan Chapter 4 - Environment. In addition, Policy BE4 of the Local Pan relates to developments that may adversely affect the setting of an adjacent Listed Building.
Article 3/4 Sites - Removal of "Permitted Development Rights"
Article 3 of Town and Country Planning (General Permitted Development) Order 1995 grants planning permission for a range of development types, for example small extensions, subject to certain criteria. However, Article 4 of the same Order allows a local planning authority to withdraw such rights, whereby planning permission is required for any development proposed. These rights have been removed from a number of properties, both residential and commercial. You are advised to contact the Technical Support Team for information by e-mailing pbc@mansfield.gov.uk or by telephone on 01623 463202 or 463207.
To determine whether you require permission for an extension to your dwelling or any detached building or structure within the curtilage of your property we advise that you complete a HE1 Preliminary Enquiry Form to determine whether Planning Permission / Building Regulation Approval is Required for Certain Types of Work.
General information relating to the General Permitted Development Order and how a copy of the Circular can be purchased is to be found on the Communities and Local Government Circulars page.
Contaminated Land
Previously developed land or "Brownfield" sites sometimes contain some form of contamination due to historic industrial processes. Planning legislation and guidance places the responsibility on owners and developers to establish the extent of any potentially harmful materials on their sites. The Council's duty is to ensure that owners and developers carry out the necessary investigations and formulate proposals for dealing with any contamination in a responsible and effective manner. Policy DWM1 in the Derelict Land, Waste and Minerals chapter of the Mansfield District Local Plan relates to development on contaminated land.
The guidance document Developing Land Within Nottinghamshire, has been produced by the Nottinghamshire Contaminated Land sub group to assist developers with issues they may have on "Brownfield" sites.
The Environment Agency Land Quality page contains an abundance of information, advice and useful links for businesses looking to develop contaminated land.
If you require detailed information on contaminated land issues surrounding a specific site within Mansfield District, the Pollution Control Section of the Council offers a comprehensive report service, contact them by e-mail EnvironmentalHealthPollutionControl@Mansfield.gov.uk or phone them on 01623 463188 or 01623 463139.
Scheduled Ancient Monuments (SAM)
A SAM is a nationally important archaeological feature that has statutory protection and where there is a presumption in favour of its physical preservation and also the protection of its setting. There are four such sites in the Mansfield District as these are the Kings Mill Viaduct, a Roman Villa off Common Lane, Mansfield Woodhouse, the Village Cross, Mansfield Woodhouse and Beeston Lodge, near Clipstone. The SAM sites within the Mansfield District area can be viewed using the Council's interactive mapping service Mansfield Maps On-line and Policy BE11 in the Built Environment section of the Mansfield District Council Local Plan Chapter 4 - Environment relates to developments that would damage or adversely affect a SAM or their settings.
Sites of Special Scientific Interest (SSSI)
The District has 6 sites that have been defined as Sites of Special Scientific Interest (SSSI's), these are sites that have intrinsic nature conservation value and have statutory protection. Such sites will be protected from harm and developments will only be allowed in such areas in exceptional circumstances and these will also involve substantial compensatory arrangements. The SSSI sites within the Mansfield District area can be viewed using the Council's interactive mapping service Mansfield Maps On-line and Policies NE12 & NE14 of the Natural Environment section of the Mansfield District Council Local Plan Chapter 4 - Environment relate to development that would affect an SSSI area.
Sites of Local Nature Conservation Value (SINC), Local Nature Reserves (LNR) and Heathlands
Mansfield has many sites of nature conservation importance and these include SINC's, LNR's and Heathlands and all of these contribute to the District's wide range of habitats. These areas should be retained where possible and protected during development work, together with appropriate planting of replacement landscape features. In particular LNR's ensure the statutory protection of nature conservation sites. The LNR and Heathland sites within the Mansfield District area can be viewed using the Council's interactive mapping service Mansfield Maps On-line. Policy NE14 of the Natural Environment section of the Mansfield District Council Local Plan Chapter 4 - Environment relates to development that would affect these areas, although Heathland sites are covered specifically by Policy NE15.
Possible Future Sherwood Special Protection Area (SPA)
The Sherwood Forest area is currently being considered as a possible future Special Protection Area (SPA), a Natura2000 site of European importance. It is being assessed along-side a UK-wide SPA Review Programme led by DEFRA. If the area is formally proposed as a potential SPA (pSPA) and then classified as a full SPA, planning applications within the vicinity (including those approved but not yet commenced or implemented), would be subject to provisions under the Conservation of Habitats and Species Regulations 2010 (2010 Habitat Regulations). SPA's are designated to protect rare and vulnerable bird populations and their habitats; in this case, Nightjar and Woodlark.
Although the area is currently neither a pSPA or SPA designation, Natural England (NE) still advises that in order to reduce future risks, Local Authorities should satisfy themselves that current planning applications contain 'sufficient objective information to ensure that all potential impacts on the breeding nightjar and woodlark populations have been adequately avoided or minimised' (guidance letter dated July 2011). In order to address this, Natural England advises that Local Planning Authorities adopt a 'risk-based approach'. In response to this advice, Mansfield District Council has adopted such an approach through the SPA documents listed under the related media header.
There are other national constraints, including Air Quality Management Areas and Areas of Outstanding National Beauty, however there are no such designations in Mansfield District at the present time.
If you have any questions relating to the topics above please contact the Technical Support Team for information by e-mailing pbc@mansfield.gov.uk or by telephone on 01623 463202 or 463207.