Local Plan - Preferred Options Consultation Document (Reg18)

7 Protected Places

7.1It is very important to protect the quality of the District’s most special natural and built environments. There are many reasons for this, including the international importance and vulnerability of its extensive coastal and estuarine areas and the historic quality of its numerous designated conservation areas and listed buildings. Protecting the quality of both the natural and built environments is necessary to ensure that the Council meets its legal obligations in those regards and that the District is a safe and attractive place to live, work and visit, thereby helping to underpin the local economy and attract inward investment seeking a quality environment. To ensure that new development is sustainable, it is essential that proposals have regard to, amongst other things, the need to avoid causing harm to sensitive areas and that it takes the opportunities available to enhance the quality of places.

7.2In order to deliver a positive future for the District’s environment, the policies in this chapter will focus upon:

• minimising the risk to human life and property from flooding and coastal erosion, taking into account the likely effects of climate change;
• protecting and enhancing the District’s biodiversity, countryside and its coastal assets;
• expanding the District’s network of Green Infrastructure, to encourage a net gain for nature, achieve sustainable drainage and deliver green corridors and open spaces to improve the quality of the natural environment;
• conserving natural resources through the promotion of low-carbon energy and water-efficiency in new development and local renewable energy; and
• preserving the District’s designated and non-designated heritage assets.

Development and Flood Risk

7.3The Local Plan’s strategic objective for Water and Climate Change is “To reduce the risk of all types of flooding by securing the appropriate location and design of new development (incorporating SuDs where appropriate), having regard to the likely impact of climate change, including coastal change.”

7.4As a peninsula, Tendring District has coastal and estuarine water on three sides. With over 37miles/60km of coastline, many parts of the District are at risk of tidal flooding, including some very built-up areas. The National Planning Policy Framework makes it clear that inappropriate development in areas at risk of flooding should be avoided. New development should be directed away from areas at highest risk of flooding, but where such development is necessary it should be made safe – without increasing flood risk elsewhere now or in the future. The policies and proposals in this Local Plan have therefore been informed by the national planning policy requirements, the findings of the Strategic Flood Risk Assessments (SFRA) and advice from the Environment Agency.

7.5The areas of the District considered to be at greatest risk of flooding according to the Environment Agency’s flood risk maps are shown within a ‘Flood Zone’ on the Policies Maps and Local Maps. This information should be used only as a guide, as areas at risk may change during the Local Plan period. The Environment Agency Flood Risk Maps should always be used for the latest flood risk information and to distinguish between Flood Zones 2 and 3. The government’s ‘Technical Guidance to the National Planning Policy Framework’ provides more detail on how the ‘Sequential Test’ should be applied to new development proposals. The Council will work with the Environment Agency to consider how existing development and proposed new development, in flood risk areas, including in Jaywick Sands, can be made more flood-resilient and sustainable.

7.6Where safe access cannot be achieved, or if the development would be at residual risk of flooding in a breach, an emergency flood plan that deals with matters of evacuation and refuge should demonstrate that people will not be exposed to flood hazards. The emergency flood plan should be submitted as part of an FRA and will need to be agreed with TDC. Refuge should ideally be located 300mm above the 0.1% (1 in 1000) annual probability event flood level including allowances for climate change.

7.7New development proposals should:

• retain at least an 8m wide undeveloped buffer strip alongside main rivers and explore opportunities for riverside restoration. Any proposed development within 8m of a main river will require an environmental permit from the Environment Agency.
• retain at least a 3m buffer strip on at least one side of an ordinary watercourse. Any development that could impact the flow within an ordinary watercourse will require consent from Essex County Council (as Lead Local Flood Authority).

Coastal Protection

7.8The National Planning Policy Framework states that local planning authorities should avoid inappropriate development in vulnerable areas. Tendring District contains areas which are under threat from coastal erosion and, although the Coastal Protection Belt (as shown on the Policies Maps and Local Maps) in this Local Plan was originally intended to protect landscape character, it now serves a further purpose in regard to helping ensure that any new development which does not need to be located within that area is directed to more sustainable locations.

7.9The undeveloped coast of Tendring District has an important role in terms of quality of life for residents and visitors, not only in terms of visual amenity but in terms of access to the natural environment. Natural England is working on its proposals for the King Charles III England Coast Path in Essex, with a view to improving access to the District’s coastline, the three sections of the path have been approved in whole but are not yet open, the Council will support suitable proposals which will encourage coastal access.

7.10In considering proposals for new development affecting the coast, the Council will have regard to the latest Shoreline Management Plan to assess their compatibility. National Planning Practice Guidance provides guidance on what sort of development is appropriate in a Coastal Change Management Area. This guidance is considered to have relevance to development proposals within the Tendring Coastal Protection Belt.

The Rural Landscape

7.11In order to promote sustainable development, in considering where to select sites for new development in this Local Plan, the Council has taken particular care to assess the value of the landscape and, where practical, allocate sites with the lowest sensitivity, thereby helping to protect valued landscapes and the best and most versatile agricultural land.

7.12The Landscape Character Assessment (2001) identified 30 areas with different landscape characteristics and highlighted key sensitivities which need to be considered when assessing development proposals in the rural area. Proposals within the rural landscape should have regard to the Landscape Character Assessment (and any subsequent updates) and protect and reinforce historic landscape features and important characteristics identified within it.

7.13As a largely rural area, Tendring District’s countryside is one of its main assets and maintaining an attractive rural environment is important to the quality of life experienced by both residents and visitors. It can also be an important consideration for the location of some businesses and help to expand the tourist economy and related services.

7.14Parts of the District to the north are designated as National Landscapes (previously Areas of Outstanding Natural Beauty) – The Dedham Vale and the recently extended Suffolk Coast and Heaths which are therefore subject to special landscape protection. The National Landscapes can be seen as a designation on the proposal’s maps within this Local Plan.

7.15Tendring has four Registered Parks and Gardens (see Appendix D) which lie within the rural area and are particularly sensitive to change. Planning proposals which might affect them and any other Registered Park and Garden that is designated during the plan period should therefore have regard to their history and the reason for inclusion on the Historic England Register.

Biodiversity and Geodiversity

7.16Tendring District includes a wide range of habitats, including (in part) the Stour, Orwell and Colne Estuaries and Hamford Water which are recognised as wetlands of international importance for endangered and migrating birds. Hamford Water is a designated Special Area of Conservation for Fisher’s Estuarine Moth. At the international level, the Ramsar Convention requires the conservation and wise use of wetlands, as a contribution towards achieving sustainable development. European legislation requires the establishment of Special Protection Areas (SPAs) for birds, under the Birds Directive, and Special Areas of Conservation (SACs) for other species and habitats, under the Habitats Directive. SPAs and SACs together form ‘Natura 2000’ sites, which themselves create a European-wide network. The Conservation of Habitats and Species Regulations 2010 (the 'Habitats Regulations') apply both in the terrestrial environment and territorial waters out to 12 nautical miles. Marine Protected Areas (MPA) exist offshore beyond 12 nautical miles. The Blackwater, Crouch, Roach and Colne Marine Conservation Zone include the Clacton Cliffs and foreshore, a geological feature of international importance.

7.17It is necessary to apply the ‘precautionary principle’ to new development, as a matter of law, and assess new projects or plans for any impacts upon any of the above sites – both alone and in combination. Proposals and plans with the potential to have a significant impact upon such sites will need to be supported by a Habitats Regulation Assessment (HRA) to provide the information necessary for the decision makers to establish the likelihood and nature of impacts before a decision is taken. If significant impacts are identified, an ‘Appropriate Assessment’ may be necessary to assess whether the proposals would adversely affect the integrity of a site, having regard to its conservation objectives. The Council will only grant planning permission where there would be no adverse effects on biodiversity (including any mitigation), unless there is considered to be an overriding public interest (such as the port expansion at Bathside Bay, Harwich) – in which case a compensatory habitat must be provided.

7.18The Essex Coast Recreational Disturbance Avoidance and Mitigation Strategy (RAMS) Strategy Document was adopted in 2019. The Essex Coast RAMS aims to deliver the mitigation necessary to avoid adverse effects on integrity from the in-combination impacts of residential development in Essex. The Essex Coast RAMS identifies a detailed programme of strategic avoidance and mitigation measures which are to be funded by developer contributions from all residential development within the Zones of Influence.

7.19Sites of Special Scientific Interest (SSSI) are protected under the Wildlife and Countryside Act 1981, as amended, and the Countryside and Rights of Way Act 2000 and are shown on the Policies Map.

7.20The Colne Estuary and Hamford Water are designated as National Nature Reserves (NNR). At the local level, the Council has worked with the Essex Wildlife Trust to identify over 100 ‘Local Wildlife Sites’ (LoWS) within the District, along with ‘Special Roadside Verges’, managed by Essex County Council specifically to conserve rare plant species and support a wider variety of plants. This benefits local fauna, providing food and shelter and can help to create ‘wildlife corridors’, allowing species to move between different sites. LoWS are not protected by law but, being worthy of conservation, are protected by this Local Plan, along with irreplaceable habitats, including unimproved grasslands and veteran trees.

7.21All areas designated for their value to biodiversity and/or geodiversity are shown on the Policies Maps. A site does not have to be designated, however, to have importance to nature conservation. All new development proposals should have regard to a ‘mitigation hierarchy’ approach, which requires consideration to be given: firstly, to avoiding environmental harm; then mitigating for any adverse impacts; and then, as a last resort; compensating for residual impacts alongside the need to seek environmental enhancement and a ‘net gain’ in biodiversity in line with latest Natural England advice. The need to consider alternative options, particularly options that are less damaging to the environment, is relevant to all these steps, as options can be either strategic or more detailed in nature. Where a proposed development might harm biodiversity on the site, an Ecological Appraisal will be required to be undertaken and the potential for harm should be considered and addressed in the application. Appraisals should be undertaken in accordance with nationally recognised guidance, by a suitably qualified ecologist.

7.22Conservation work now considers whole landscapes as the way to conserve biodiversity, and the Council is working with Essex County Council, Essex Wildlife Trust and other partners on projects to benefit habitats and species across Essex. The Biodiversity Framework and Living Landscapes Project seek to improve the wider countryside for wildlife, rather than just concentrating on small nature reserves, and this will bring benefits for Priority Habitats and Priority Species. There is a general duty to conserve and enhance biodiversity, established under the Natural Environment and Rural Communities Act 2006, as amended by the Environment Act 2021.

Biodiversity Net Gain in Tendring

7.23Biodiversity Net Gain (BNG) is an approach to development that ensures habitats for wildlife are left in a measurably better state than they were before the development. In England, BNG is mandatory under Schedule 7A of the Town and Country Planning Act 1990 (as inserted by Schedule 14 of the Environment Act 2021). Under this legislation, developments are required, as a minimum, to deliver a BNG of 10% to meet the biodiversity gain objective (save where exemptions apply).

7.24Relevant developments are deemed to have been granted subject to a pre-commencement condition that the biodiversity gain objective is met (the biodiversity gain condition). To discharge this condition developers will need to demonstrate that proposals can deliver a minimum 10% uplift in biodiversity value, when compared to the pre-development biodiversity value of the application site. Uplift is calculated with the statutory biodiversity metric, with biodiversity measured in standardised biodiversity units. Development cannot commence until BNG has been demonstrated and secured.

7.25To achieve this, and discharge the biodiversity gain condition, developers will need to submit a biodiversity gain plan (BGP) to local planning authorities for approval prior to the commencement of development. The BGP document will evidence what measures are being provided to achieve the required uplift in biodiversity value demonstrating that the biodiversity gain objective is met. There are special modifications for phased development and the treatment of onsite irreplaceable habitats.

7.26The Biodiversity Gain Hierarchy (which does not apply to irreplaceable habitats) sets out a list of priority actions to deliver BNG:

• first, in relation to onsite habitats which have a medium, high and very high distinctiveness (a score of four or more according to the statutory biodiversity metric), the avoidance of adverse effects from the development and, if they cannot be avoided, the mitigation of those effects; and
• then, in relation to all onsite habitats which are adversely affected by the development, the adverse effect should be compensated by prioritising in order, where possible, the enhancement of existing onsite habitats, creation of new onsite habitats, allocation of registered offsite gains and finally the purchase from the government of statutory biodiversity credits.

7.27Both significant onsite enhancements and registered offsite biodiversity gain must be maintained for 30 years and secured through planning condition, planning obligations or conservation covenant (as appropriate).

7.28Local planning authorities must take into account how the biodiversity gain hierarchy has been applied when determining whether to approve the BGP.

7.29The Council is committed to improving the natural environment of the District and contributing to nature’s recovery more widely. Consistent with Council’s corporate objectives and statutory duties placed on local authorities, the Council is taking action to facilitate the creation and enhancement of natural habitats where possible and appropriate.

7.30Establishing Habitat Banks within the District will provide an efficient planning process, ensure best value for developers looking to discharge mandatory planning requirements, and deliver habitat creation and enhancement in areas subject to development pressure. Tendring District Council will support the creation of habitat banks to sell off-site biodiversity units within the District. Those that encourage connectivity between existing sites in the Local Nature Recovery Strategy (LNRS) will be supported.

7.31In the delivery of off-site BNG and the setting up of Habitat Banks, the Council will work with landowners and developers with the aim of delivering as much BNG as is possible within the Tendring District, recognising that BNG outside of Tendring, but within the same wider ‘National Character Area’ identified by Natural England can be achieved where options for BNG in Tendring are not available.

Water Conservation, Drainage and Sewerage

7.32Although Tendring District has to manage issues of ‘excess’ water causing coastal erosion and flooding, it also experiences the lowest average level of annual rainfall in the country and therefore maintaining a supply of fresh water for drinking and the irrigation of crops is a high priority. It follows that the provision of an adequate water supply, and appropriate methods of disposal of water and sewage, are very important considerations when planning for growth and central to the need to deliver sustainable development. Changes in climate also can cause sudden and intense rainfall causing localised flooding which will be made worse if new development does not take account of the need to lessen its impact.

7.33Major new developments may require upgrades to existing sewage treatment works, known as Water Recycling Centres, which may be funded by Anglian Water. Such works will need to be planned and funded through Anglian Water’s 5-year business plans and approved by the regulator (OFWAT). The Council is committed to ensuring that critical infrastructure is delivered at the right time to support development on allocated sites, in particular at Hartley Gardens (Policy SAMU2) and Oakwood Park (Policy SAMU3) where reinforcements and additional infrastructure will be required.

7.34The National Planning Policy Framework requires local planning authorities to mitigate and adapt to climate change, which includes having pro-active strategies in respect of water supply and demand. Development proposals should therefore include a plan to conserve water supplies by managing demand and ensure its appropriate disposal at all stages of development, including construction and after occupation, using Sustainable Drainage Systems (SuDS) where possible. SuDS are designed to replicate natural drainage systems, to drain surface water run-off, ideally as part of a green and blue infrastructure network and can also have significant benefits for amenity and biodiversity.

7.35SuDS techniques may not be appropriate in circumstances where infiltration may cause a hazard to groundwater quality, such as groundwater source protection zones, on known contaminated land and on sites with a shallow water table. The Environment Agency’s Source Protection Zone maps should be checked to ensure there is no risk to groundwater quality. Surface water treatment will be required before infiltration to groundwater is permitted. A risk assessment should be undertaken when using infiltration components in areas of contaminated land.

Strategic Green Gaps

7.36Strategic Green Gaps have been identified in this local plan in specific locations between settlements. The Strategic Green Gaps are valued for the role they will play in preventing the coalescence of settlements and retaining the distinct identity of settlements. The areas identified have the following characteristics:

• The open and undeveloped character of the land;
• They form a visual break between settlements;
• Their boundaries follow physical features on the ground; and/or
• Only land required to secure the objectives of the Strategic Green Gaps has been included

The Historic Environment

7.37The Local Plan’s strategic objective for Cultural Heritage is “To conserve and enhance Tendring District’s heritage, respecting historic buildings and their settings, links and views.”

7.38Tendring District has a truly rich and diverse history, reflected in archaeological deposits and features and much of its built heritage, which includes: the early planned development of the District’s major town, Clacton-on-Sea, as a Victorian seaside holiday resort; the later select development of Frinton-on-Sea with its many examples of notable Arts and Crafts architecture and Modernist houses; the historic port of Harwich and town of Manningtree, England’s smallest; or the District’s most important single group of listed buildings at St Osyth’s Priory and its Registered Historic Park and Garden.

7.39The Council has specific legal duties to preserve and enhance the historic environment. Proposals affecting buildings listed for their special architectural or historic interest (‘listed buildings’) or designated Conservation Areas, or their settings, Scheduled Monuments, archaeology, or Registered Historic Parks and Gardens will therefore be subject to particular scrutiny. The setting of a heritage asset may include sites or areas a considerable distance away from the boundary of an application site and it is necessary, therefore, to consider the potential for development to have an effect upon the wider setting of a Conservation Area or listed building. Protection of the District’s heritage assets is crucial to its cultural identity and the quality of life and can help to sustain its economic attraction for new investment by both residents and businesses.

7.40The Council will seek to reduce the number of heritage assets included in the Heritage at Risk Register and will consider designating additional heritage assets which are of local importance. The Council will seek to manage change within the Historic Environment by:

• requiring proposals to respond appropriately to the significance of any affected heritage assets;
• identifying where interventions within the Historic Environment would be beneficial to it; and,
• working with partners to secure sources of funding to aid delivery of enhancements to heritage assets.

7.41The best way to ensure the future preservation of a listed building is often by ensuring an appropriate beneficial use of the heritage asset, which may be its original intended use. Sometimes an appropriate new use will be needed to ensure preservation, and this might also present opportunities for the enhancement of significance of the heritage asset. Historic buildings may also evolve over time and sometimes it can be those distinct elements of change which are particularly valued. Although the preservation of unique historic assets is crucial to connect with the past and maintain a high-quality environment there may be the opportunity for a well-designed and sensitive contemporary design solution in an historic context. It might, therefore, be appropriate in this Local Plan period to propose a development ‘of its time’ - much will depend on the expertise of the designer. However, the scope for a listed building to adapt to modern life and requirements will itself depend upon a number of considerations and it will not always be possible to incorporate modern design solutions without also causing harm to its special character, fabric, or appearance.

7.42As with listed buildings, a contemporary design might, be appropriate in a Conservation Area. Such solutions can help to avoid pastiche or the potential ‘confusion’ of new and can misinform an understanding of place. However, particular skill is required of the designer to ensure that new development is appropriate to its site and setting. New development which would affect a Conservation Area should always pay regard to any relevant Conservation Area Character Appraisal and Conservation Area Management Plan. This includes proposals for new development within the District’s four Registered Historic Parks and Gardens: Clacton Seafront (owned and managed by the Council); St Osyth Priory; Thorpe Hall and Beth Chatto Gardens all of which (except Beth Chatto) are within Conservation Areas.

7.43Some parts of the District are known for their particular importance to archaeology, and the Council will protect those areas from harmful development. However, new development can provide an opportunity to discover, record and protect evidence of the District’s history in the form of archaeological deposits. Where the archaeological record indicates the likely presence of deposits or features, the Council will be advised by Essex County Council and the developer will be required to carry out any necessary survey work, excavation and recording in that regard, before and/or after any planning permission is granted. New development may be required to respond to archaeological finds uncovered during the construction process.

7.44The National Planning Policy Framework sets out government policy for conserving and enhancing the historic environment. The following policies PPL7, PPL8 and PPL9 will be applied alongside and having regard to the specific requirements of the Framework in respect of development affecting designated and non-designated heritage assets including Archaeology, Conservation Areas and Listed Buildings.

Buildings and Archaeology

Non-Designated Heritage Assets

7.45The District benefits from a wealth of non-designated heritage assets that are locally significant and contribute positively to the area’s character and distinctiveness. This may be due to their historic, aesthetic, evidential, or communal value, or a combination of these factors. Examples include houses, shops, schools, village halls, churches, protected lanes, and even smaller features such as important walls, railings or traditional fingerposts.

7.46The Council is preparing a Local List of Heritage Assets to identify buildings and features that, while not statutorily listed, make an important architectural or historical contribution to the local area. Inclusion on the Local List will help ensure these assets are safeguarded from development that could harm their significance.

7.47New local heritage assets may be identified at any stage of the planning process. Once identified, they will be treated as a material consideration in determining planning applications.

7.48Development proposals that would cause unacceptable harm to the character, form and fabric of a locally important heritage asset, or adversely affect its setting, will be assessed on a case-by-case basis. Decisions will balance the scale and significance of any harm against the potential public benefits of the proposed development.

Renewable Energy Generation and Energy Efficiency Measures

Operational Energy and Carbon In Homes and Buildings

7.49The UK has a statutory target to reduce greenhouse gas emissions to net zero by 2050 (as set out in the Climate Change Act 2008, as amended). The Climate Change Act also sets, through the Carbon Budgets, a further legal target of a 78% reduction in emissions by 2035, which builds upon the commitment to reduce emissions by 68% from 1990 levels by 2030. These ‘Carbon Budgets’ seek to limit carbon in the atmosphere to levels needed to stabilise the climate. They also set out the changes that need to occur in each sector to achieve that target, for example, continuing the successful transition to a clean energy system, and heating homes with more efficient systems that use renewable energy.

7.50The Climate Change Committee, however, warns that the UK is off target and rapid and deep cuts to emissions must be made in all sectors. It also highlights that policies on energy efficiency in buildings are missing or incomplete.

7.51It is therefore imperative that new homes and buildings in Greater Essex are built to achieve an operational energy balance on-site, where renewable energy generated on-site matches average annual energy demand at the outset (also described as ‘net zero energy and carbon in operation’). For a building to achieve this, it must be an ultra-low energy building that meets high building fabric and energy efficiency standards, and it must not use fossil fuel and should maximise renewable energy generation, for example through the use of rooftop solar photovoltaics (PV).

7.52Except in some very special circumstance retrofitting new homes later down the line, to meet a better energy efficiency standard is more disruptive, costly and time consuming than designing buildings to achieve operational energy balance (and hence be ‘net zero energy and carbon in operation’) at the outset.

7.53Furthermore, in Greater Essex, a target for all planning permissions for new buildings to be net zero carbon by 2025 and carbon positive by 2030 was recommended by the Essex Climate Action Commission (ECAC) in July 2021 and endorsed by Essex County Council (ECC) in November 2021. The ECAC recommendations form the basis of the ECC Climate Action Plan and are relevant to all Essex Local Planning Authorities (LPAs).

7.54Evidence commissioned by ECC on behalf of all the Greater Essex Local Authorities and in response to the work of the ECAC, demonstrates that building to meet the requirements set out in Policy PPL11 (and be ‘net zero energy and carbon in operation’) is:

• Technically feasible;
• Financially viable; and
• Legally justified

7.55The evidence underpinning Policy PPL11 for Essex is available on the Operational Energy and Carbon Net Zero Evidence page of the Essex Design Guide (EDG) and is supplemented by each Essex LPA’s local plan evidence base.

7.56To complement this evidence, practical design advice is provided (and being added to) on the EDG which focuses on how to design developments (of all scales and types) to meet the operational energy and carbon (net zero) standards, mitigate potential overheating risk and to address other inter-related sustainability issues. The aim is to ensure new development mitigates, adapts and is resilient to a changing climate.

7.57The Building Regulations 2021 (including the proposed Future Homes Standard 2025) do not adequately address operational energy efficiency or operational carbon emissions from new development. Operational carbon emissions come from two categories of energy use - those that are regulated and unregulated. About 50% of a building’s total operational energy use comes from ‘unregulated’ uses which the current Building Regulations do not address.

7.58It is for this reason that the planning system, and local planning authorities through their local plans must address operational energy to ensure new development addresses operational energy efficiency and the associated carbon emissions, in a way that aligns with local and national climate targets, mitigates and adapts to climate change and delivers the best outcomes for people (e.g. lower energy bills, and healthier homes). This is supported through primary legislation, including the Planning and Compulsory Purchase Act 2004, and national policy (including the NPPF) which require local plans to include policies to secure development that mitigates and adapts to climate change.

7.59Taking forward Policy PPL11, will enable the Council to take a proactive approach to climate change which is in line with the objectives and provisions, and hence legally binding targets, of the Climate Change Act 2008 (NPPF Dec 2024, para 162, Footnote 61).

Embodied Carbon and Circular Economy in Homes and Buildings

7.60Policy PPL10b is a first step towards reducing upfront embodied carbon from the materials and construction of homes and buildings. Policies PPL10a and PPL10b are designed to be implemented alongside each other, and together, make progress on reducing the whole life carbon emissions of homes and buildings.

7.61The “Essex Embodied Carbon Policy Study – Technical Evidence Base (Levitt Bernstein et al, 2025)” underpins Policy PPL10b and is available on the Essex Design Guide (EDG). The Study also contains information and guidance on how embodied carbon can be minimised, particularly through choice of materials and the construction techniques.

7.62To complement this evidence, further practical design advice is provided (and being added to) on the EDG which focuses on how to design developments (of all scales and types) to minimise embodied carbon emissions and move towards a more circular economy (where materials are used efficiently and waste is minimised). The advice also covers designing to meet operational energy and carbon (net zero) standards (as required in Policy PPL10a) and addressing other inter-related sustainability issues, including the mitigation of potential overheating risk.

7.63The Building Regulations 2021 (including the proposed Future Homes Standard 2025) do not currently address embodied carbon emissions from new development. It is for this reason that the planning system, and local planning authorities through their local plans, must ensure new development addresses embodied carbon emissions, in a way that aligns with local and national climate targets, mitigates and adapts to climate change and delivers the best outcomes for people. This is supported through primary legislation, including the Planning and Compulsory Purchase Act 2004, and national policy (including the NPPF) which require local plans to include policies to secure development that mitigates and adapts to climate change.

7.64Policy PPL10b will enable the Council to take a proactive approach to climate change which is in line with the objectives and provisions, and hence legally binding targets, of the Climate Change Act 2008 (NPPF Dec 2024, para 162, Footnote 61).

Renewable Energy Installations

7.65New standalone renewable energy generation will be needed to enable the transition of existing settlements, industry and transport away from fossil fuels and onto clean energy sources, as a necessary part of the local and national carbon budgets leading towards net zero carbon.

7.66In general, solar energy development proposals, including both building-mounted and standalone ground-mounted installations and extensions or repowering of solar installations will be supported where they are focused on previously developed land and do not occupy the ‘best and most versatile’ (‘BMV) agricultural land. The integration of solar photovoltaics onto roofs of all suitable development is required to ensure that ‘net zero’, including total operational energy balance on site, can be achieved.

7.67For wind energy development, the NPPF requires that proposals for new turbines must be in an area identified as suitable for such development (in the Local Plan or an SPD), and that following consultation the planning impacts identified by the community have been appropriately addressed and that the proposal has community backing. Wind energy proposals will be generally supported in areas of lower landscape value and will be considered in relation to:

• buildings: the safe separation distance is described as the Fall over Distance being the height of the turbine to the tip of the blade plus 10%
• power lines: National Grid and/or the Distribution Network Operators advise on the required distance between wind turbines and overhead power lines
• air traffic and safety: there is a 15 km consultation zone and 30km/32km advisory zone around civilian air traffic radar, with a c.15km statutory safeguarding consultation zone around Ministry of Defence aerodromes. The Ministry of Defence must be consulted if a proposed turbine is 11m to blade tip or taller, and/or has a rotor diameter of 2m or more, and
• shadow flicker: under certain circumstances and times of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off. Properties within 130 degrees either side of north relative to the turbines may be affected at UK latitudes (although this depends on simultaneously sunny and windy weather, requires a narrow window opening to create the ‘flicker’ indoors, is minimal at 500-1000m distance from the turbine or negligible beyond 10 rotor diameters.

7.68In addition, developers are encouraged to explore and consider the use of Bio Solar, especially for larger commercial buildings and solar farms with dual benefits for energy and biodiversity such as habitat creation, water storage capacity, flood alleviation and energy saving potential. Biodiversity can be enhanced on solar farms in various ways including through the establishment of hedgerows, wildflower meadows, bird boxes, insect houses and ponds.

The Avenues Area of Special Character, Frinton-on-Sea

7.69‘The Avenues’, to the west of Connaught Avenue shopping centre and north of the Esplanade, form a sedate residential area of outstanding Arcadian character, with wide, straight, tree and hedge lined avenues, grass verges and large, spacious detached houses set in mature gardens. This residential character forms an important quality of this part of the Frinton and Walton Conservation Area where new development affecting its character or appearance is subject to special scrutiny. If changes of use, subdivision to flats, or redevelopment for higher-density housing were to continue to occur, the area’s outstanding character and the quiet enjoyment of residents in the locality would be eroded and therefore this Local Plan affords additional protection.

7.70‘The Avenues’ was laid out originally with regular plots 50ft wide; as land was sold and developed some variations occurred but a minimum plot width of 15.24m remains highly characteristic of the area. Well-designed infill development might, exceptionally, be permitted on larger plots of at least 15.24m width, if the special character of the area would be safeguarded.

The Gardens Area of Special Character, Clacton-on-Sea

7.71‘The Gardens’ area of the seafront in east Clacton was laid out in the 1920’s and 1930’s as a low-density area of high-quality homes enhanced by long formal gardens which total 2.8 hectares. It is important that the Arcadian character of this area is preserved by ensuring that it remains an area of large detached houses on spacious plots in a well landscaped setting.

Thorpe Station and Maltings

7.72Thorpe Maltings is a heritage asset of considerable local significance, forming part of the Thorpe-le-Soken Station and Maltings Conservation Area. Originally constructed in the late 19th century, the maltings complex was closely associated with the arrival of the railway and played an important role in the District’s industrial and agricultural history.

7.73Over the decades, the maltings buildings have suffered extensive deterioration. Roofs have collapsed, brickwork has eroded, and structural integrity has been severely compromised, leaving only fragments of the original fabric. This decline has greatly diminished the architectural and historic prominence of the site, and without intervention, the remaining structures risk being lost entirely.

7.74Unlike other heritage assets in the District, Thorpe Maltings has not benefited from significant investment or restoration in recent years. The site remains largely derelict, and the surrounding public realm, including Thorpe-le-Soken railway station, has seen little improvement, resulting in an area that is underutilised and visually degraded.

7.75The Council recognises the urgent need for a positive and proactive approach to reverse this decline. The policy that follows seeks to encourage development that will deliver a comprehensive package of measures: restoring or sensitively replicating the maltings buildings, improving the station environment, and creating opportunities for mixed-use development that supports the local economy and enhances public access.

7.76To achieve these aims, it may be necessary for the Council to consider proposals for enabling development, in line with national planning policy and Historic England guidance, where such development would secure the long-term conservation of the heritage asset. In assessing these proposals, the Council will weigh the benefits of heritage-led regeneration against any potential conflicts with other planning policies.

St Osyth Priory

7.77The Priory at St. Osyth is recognised nationally as one of the most unique and significant collection of heritage assets including historic Listed Buildings Scheduled Ancient Monuments in the country, with its grounds designated as a Registered Park and Garden set within the wider Conservation Area.

7.78Over the centuries, the Priory Estate has seen many changes and its periods of history can be traced through many of the historic buildings, ruins, architectural styles, materials and archaeological features. Following many decades of decline, the Priory’s current generation of 21st Century owners are taking forward a positive programme of restoration and business activity aimed at reversing the decline of the Priory, opening it up for events and other commercial activities and increasing public access to ensure these unique heritage assets can be looked after and enjoyed for future generations.

7.79Much of the restoration that has taken place in recent years has been funded through residential enabling development, including the completed West Field development off Mill Street to the west and the grant of planning permission for further residential development on the Wellwick field site to the north and selective residential and holiday homes within the parkland itself.

7.80When planning permission for those enabling developments were granted in 2016, the associated s106 legal agreements helped establish the formation of the St. Osyth Priory and Parish Trust and the production of a comprehensive Business Strategy aimed at generating and securing additional charitable or commercial funding towards continued restoration, bringing the buildings into use, placing them into the management of the Trust and increasing opportunities for public access and community activity.

7.81The Business Strategy, which was agreed with the Council in 2019 and updated in 2023 includes proposals to use parts of the Priory Estate for weddings and other events – increasing access to buildings and areas of the estate over time as they are restored. The St. Osyth Priory and Parish Trust has also been successful in securing funding through the Heritage Lottery Fund (HLF) to continue restoration for some of the older and most historically significant structures.

7.82The Council, which is represented on the Trust, supports continued efforts to restore, bring into use and increase public access to the Priory Estate and the opportunities to attract visitors to support the tourism economy and create jobs.

7.83The ultimate aim of the Trust and the owners is to reduce and eventually eliminate the ‘conservation deficit’ at the Priory – which is the financial cost of full restoration compared to the overall commercial value of the asset. However, to achieve that, it might be necessary for the Council to consider, in its role as the local planning authority, further proposals for development within the estate to support business activities or enabling development on land beyond the estate to fund restoration that might run contrary to other policies in this Local Plan.

7.84In doing so, the Council will apply the requirements of national planning policy, weighing up the benefits and disbenefits of development both in terms of their heritage impacts and wider planning considerations; and having regard to the guidance and advice of Historic England and other advisors on heritage and economic viability. The Council will generally expect any future residential development proposals to have a clear and reasonable geographical relationship to St. Osyth, the Priory and the community to which it most closely relates.

Protection of the Naze

7.85The Naze at Walton is a unique coastal landscape of outstanding geological and biological importance. As the most easterly peninsula in Essex with a delicate geology, the Naze is vulnerable to harsh tidal forces, prevailing winds and rain damage. The coastline remains under extreme threat of erosion with considerable amounts of land having been lost and continuing to be lost to the sea – at an alarming rate.

7.86The area has significant importance as a site for migrating birds and boasts a number of different wildlife habitats, both terrestrial and marine; with its direct ecological relationship with the internationally important designated sites at Hamford Water and the backwaters. The Naze is home to the John Western Nature Reserve and the Essex Wildlife Trust’s Discovery Centre as well as the Grade II Listed Naze Tower.

7.87The Naze is key to numerous local employers providing up to 200 year-round jobs across a range of marine, leisure and tourism related activities. These include employment at marinas and other moorings that provide space for more than 1,000 yachts and watercrafts, ancillary maritime engineering jobs, chandlery, boat agents and hospitality.

7.88The Naze is the location for the local Water Recycling Centre (sewage treatment works) which is a key part of the District’s utilities infrastructure that, if undermined through continued coastal erosion, would have catastrophic environmental, social and economic implications. The wider implications of coastal erosion also include the knock-on effects on the risk of coastal flooding further into the Walton backwaters and the community of Walton on the Naze, parts of which already fall within Flood Zone 3 in the Environment Agency’s flood risk classification.

7.89Policy PPL12c reflects the importance of the Naze for all the reasons above and sets out the Council’s objective to work with other bodies to strengthen its long-term protection and to support appropriate development where it will positively contribute to the conservation, understanding and sustainable management of this highly sensitive and nationally and internationally significant landscape.

Ardleigh Reservoir Catchment Area

7.90Ardleigh Reservoir is located in open countryside, south west of Ardleigh village. It is important that new development in its vicinity does not harm water quality in the reservoir. The Policies Map shows a defined catchment area, within which new proposals may be subject to particular scrutiny in regard to the potential for water pollution to result.

Safeguarding of Civil Technical Sites, North East of Little Clacton / South of Thorpe-le-Soken

7.91An important civil aviation navigation beacon and technical site is located in open countryside to the north east of Little Clacton and south of Thorpe-le-Soken. In order to fulfil its function, it is necessary to ensure that new development nearby does not interfere with its operation. The site and surrounding safeguarded area are shown on the Policies Map.

Safeguarding of Hazardous Operations Site, Bramble Island

7.92An important hazardous substance site is located at Bramble Island to the south east of Great Oakley and south west of Harwich. In order to continue to fulfil its function, new development proposed at the site to facilitate its operation will be supported in principle. New development proposals within the Health and Safety Executive (HSE) safeguarding zone shown on the Policies Map will be subject to scrutiny to ensure that no conflict would arise in relation to both public safety and the effective operation of the site.