When determining your planning application, there are a number of constraints, which we have to take into account. Listed below are the main constraints that apply to Elmbridge Borough Council along with its relevance to the planning application process together with links to the relevant planning policies. Where appropriate the information may link through to an external website.
|Flood Risk
|Contaminated Land
|Tree Preservation Orders
|Listed Buildings and Ancient Monuments
|Thames Basin Heaths SPA
|Conservation Areas
|Green Belt
Flooding from rivers and coastal waters is a natural process that plays an important role in shaping the natural environment. Flooding can also occur from groundwater, sewers and other non-natural or artificial sources. Flooding from any source can threaten life and cause substantial damage to property. Although flooding cannot be wholly prevented, its impacts can be reduced through good planning and management.
Relevance to planning application process:
Local Planning Authorities have to consult the Environment Agency on any development proposals that are at risk from flooding, under Planning Policy Guidance note PPG25 Development and Flood Risk. Therefore all applications are geographically analysed to see if they lie within a flood risk area. The Environment Agency provides technical advice on how best to avoid adverse impacts.
Related Planning Policy Information:
- |Planning Policy Statement 25: Development and Flood Risk
- |Replacement Elmbridge Borough Local Plan: Policy RTT5
More Information:
Land formerly used for any commercial, industrial or waste disposal purposes can be contaminated by substances that may pose immediate or long-term hazards to the environment or to health, or which may damage any buildings erected on such sites. The Council has a database of the areas of land within the Borough that may be contaminated due to a past use. Compiling this database is an ongoing process as new areas are discovered. Information is gathered for each of these areas to assess the risk they pose.
Relevance to planning application process:
If an application is submitted on land where it is known or strongly suspected that the site may have had a previous use which could have potentially contaminated the land, the developer may be required to employ an environmental consultant who can carry out a detailed assessment of the land. If contamination is found to be above acceptable levels then it will need to be cleaned up in order to make it suitable for the proposed use. Any planning permission granted may include planning conditions requiring certain actions to be carried prior to commencement of the development.
Related Planning Policy Information:
- |Planning Policy Statement 23: Planning and Pollution Control
- |Replacement Elmbridge Borough Local Plan: Policy ENV20
More Information:
A Tree Preservation Order (TPO) is a legally enforceable order made by a local planning authority which in general makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the consent of the Local Planning Authority (LPA). Works to TPO trees undertaken without the LPAs consent may result in court proceedings and a fine of up to £20,000.
Relevance to planning application process:
Any development which may be deemed to affect a TPO will be viewed by the Council's Tree Officer who will consider the risk implications to the protected tree(s) and advise the relevant Planning Officer of any relevant measures required to safeguard the well being of the tree(s).
Related Planning Policy Information:
More Information:
|Tree Preservation Standards
|Conservation Areas - Trees
Approximately 750 buildings in Elmbridge are statutorily listed by the Department for Culture, Media and Sport as being of special architectural or historic interest, and are Graded according to their importance. Listed Building Consent is required for demolition or any alteration or extension, which affects their character or appearance. The Council applies conservation policies to protect these buildings, provides discretionary grants toward their repair and maintenance, and also maintains and periodically reviews a supplementary local list of buildings of more local interest.
Several archaeological sites identified as of national importance are given statutory protection as Scheduled Ancient Monuments. The Council's policies extend protection to other sites of potentially national importance which have been identified and designated as County Sites of Archaeological Importance, and to the historic parks and gardens at Painshill, Claremont and Oatlands Park which are included on the Register of Parks and Gardens of Special Historic Interest compiled by English Heritage.
Relevance to planning application process:
Demolishing or carrying out any alterations or extensions or to attach any signs, lighting, etc which would affect the character of a listed building requires listed building consent. This would be in addition to any other consents required, such as planning permission, advertisement consent or building regulation approval.
Related Planning Policy Information:
- |Planning Policy Statement 5: Planning for the Historic Environment
- |Replacement Elmbridge Borough Local Plan: Policy HEN1, HEN2, HEN3, HEN4, HEN5, HEN6, HEN7, HEN15, HEN17
More Information:
|Listed Buildings and Ancient Monuments
|Town Planning leaflets
In March 2005 the Government designated areas of heathland within the Thames Basin as the Thames Basin Heaths Special Protection Area (SPA) under the EC Birds Directive. It has been identified as an internationally important habitat for three rare species of ground nesting birds - the Dartford Warbler, Nightjar and Woodlark - and covers areas of heathland across 11 local authority areas in Surrey, Hampshire and Berkshire. Within Elmbridge the area covers Chatley Heath Site of Special Scientific Interest, part of the Ockham and Wisley Commons Special Protection Area. This heathland lies to the south of the Borough, in an area located between the M25, the A3 and the Borough boundary.
Relevance to planning application process:
In determining planning applications, a key consideration for the Borough Council is that European law, which governs the protection of SPA's, states that developments must be resisted unless it is certain that there will be no harm to the SPA. All planning applications resulting in an increase of one dwelling or more within 5km from the SPA could potentially harm the SPA. In agreement with National England, the Council has prepared an interim migration strategy. This enables applicants within the affected area to make a financial contribution to the provision of suitable alternative natural green space.
More Information:
A conservation area is defined in section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 as an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance.
24 conservation areas have been formally designated in Elmbridge containing in excess of 1800 properties. These include parts of town centres (e.g. Walton and Weybridge), village centres (e.g. Thames Ditton and Cobham), and village greens (e.g. Weston Green and Giggs Hill Green). Plans showing the exact boundaries of all existing conservation areas in Elmbridge can be viewed here.
Relevance to planning application process:
Within conservation areas, the Council applies special design policies and controls over demolition of buildings and protection of trees in order to preserve and enhance their character and appearance. The Council is particularly concerned about new development within Conservation Areas and careful attention is paid to design to ensure that any new development compliments the existing character of the area and does not detract from it.
- |Planning Policy Statement 5: Planning for the Historic Environment
- |Replacement Elmbridge Borough Local Plan: Policy HEN9, HEN10, HEN11, HEN12, HEN13, HEN14, HEN15
More Information:
|Conservation Areas Map
|Town Planning leaflets
Greenbelt is a specifically defined area of land around and existing developed area (usually a town or city), with a specific purpose. Within Elmbridge, the Green Belt covers 5,515 hectares, some 57% of the total area of the Borough.
The aims of the Green Belt Policy are :
- to protect the openness of the Green Belt;
- to prevent any further encroachment of the built-up environment into the countryside, and/or the coalescence of existing settlements;
- to safeguard suitable land for the special needs of agriculture, forestry, horticulture and other appropriate Green Belt uses in Elmbridge;
- to encourage, wherever possible, the sensitive management of the countryside, particularly areas of the urban fringe; and
- to encourage appropriate outdoor recreation and leisure activities which retain the openness of the Green Belt (Replacement Elmbridge Borough Local Plan 2000)
Relevance to planning application process:
There is a general presumption against inappropriate (harmful) development within the Green Belt except in very special circumstances. The Council may permit certain types of development where appropriate, such as limited extensions to existing dwellings, and the re-use of existing buildings, but in all cases, the Council will not allow development which would compromise the purposes of the Green Belt or jeopardise its openness. Please refer to the related planning policy links for further information.
Related planning policy information:
- |Planning Policy Statement 5: Planning for the Historic Environment
- |Replacement Elmbridge Borough Local Plan: Chapter 3: The Green Belt
More information:
