Local Plan - Preferred Options Consultation Document (Reg18)

Appendix A – Glossary of Terms

This glossary of terms is only intended to provide a guide. It is not a statement of the law, nor does it make any claim to be an official definition.

Adoption: The process following consultation and examination by which the Council will finally make the Local Plan the statutory ‘development plan’ for the District.

Affordable Housing: Homes provided in perpetuity to meet the housing needs of people who cannot afford to buy or rent property on the open market. Affordable housing can include Council Housing, social rented accommodation, intermediate housing and shared-ownership.

Amenity: A positive component that contributes to the overall character of an area, e.g. open land, trees, historic buildings and the inter-relationship between all elements of the local environment.

Ancient Woodland: Areas of woodland identified by Natural England as having had continuous woodland cover since 1600 AD resulting in the survival of certain rare plants and animals and therefore afforded special protection.

Ancillary Use: A subsidiary use connected to the main use of a building or piece of land, e.g. storage space within a factory.

Article 4 Direction: A power available under the 1995 Town and Country Planning (General Permitted Development) Order allowing the Council to limit or remove permitted development rights of properties and land. Such a direction therefore requires planning permission to be obtained for certain works that would otherwise not require permission.

Avoidance: Action taken to avoid a possible impact by either relocating the works to an area that will not have an impact or timing them to avoid the impact i.e. outside of the bird breeding season, amphibian mating season, etc.

Backland Development: Development of land which lies generally behind the line of existing frontage development, has little or no frontage to a public highway and would constitute piecemeal development in that it does not form part of a large area allocated for development.

Best and Most Versatile Agricultural Land: The most flexible, productive and efficient agricultural land as graded by the Department of Environment, Farming and Rural Affairs (DEFRA) as being between 1 and 3a, with 1 being excellent and 3a being good.

Biodiversity: “Biodiversity is the variability among living organisms from all sources including, among other things, terrestrial, marine and other aquatic ecosystems, and the ecological complexes of which they are part; this includes the diversity within species, between species and of ecosystems” (EU Convention on Biological Diversity Definition).

Biodiversity Offsetting: A standardised system – using conservation credits – to measure residual impacts of development and compensate by providing new wildlife habitat off-site.

Bridleway: A highway over which the public have a right of way on foot, bicycle and on horseback or leading a horse.

Coastal Protection Belt: An area originally defined within the Essex Coast Protection Subject Plan (1984) comprising the undeveloped rural areas of a coastline where there are greater controls over development to ensure the character of the open landscape is protected or enhanced.

Community Infrastructure Levy (CIL): A mechanism which enables local authorities to obtain financial contributions from landowners and developers undertaking new building projects toward be the provision of infrastructure.

Compensation: Measures provided to offset residual adverse impacts that remain after the application of mitigation. This can be the provision of an area of like-for-like habitat directly or providing financial contributions to achieve it.

Conditions: Clauses attached to a planning permission considered necessary, relevant, enforceable, precise and reasonable to enable development to proceed where it might otherwise be necessary to refuse permission.

Conservation Area: An area designated by the Council under the Planning (Listed Buildings and Conservation Areas) Act 1990 as possessing special architectural or historical interest. The Council is required to preserve or enhance the character and appearance of these areas.

Dwelling: A self-contained residential unit, occupied by either a person or group of people living together as a family, or by not more than six residents living together as a single household (including a household where care is provided for residents).

Enabling Development: Development promoted primarily as a way of saving an important Listed Building, registered garden or scheduled monument that is neglected, dilapidated, or otherwise perceived to be “at risk”. The term enabling development can also apply to development specifically designed to raise money to achieve other community benefits.

Environmental Impact Assessment: Process by which information about the likely environmental effects of certain projects is collected, assessed and taken into account by both the applicant, as part of a project design, and by the decision making body in deciding whether permission should be granted.

Evidence Base: The name given to the range of technical information including surveys, studies and consultation results that have been gathered to inform the preparation of the Local Plan.

Flood Risk Areas: Land that is at risk of tidal or fluvial flooding. Flood risk maps are produced by the Environment Agency which grade the level of risk in each area.

Flood Risk Assessment: Assessment required to accompany planning applications for development in areas of identified flood risk that both determines the level of risk and whether mitigation measures can address any flood risk problems that may be brought about by development.

Geodiversity: A range of rocks, minerals, fossils, soils and landforms.

Green and Blue Infrastructure: A network of multi-functional green space and waterbodies, both urban and rural, which is capable of delivering a wide range of environmental and quality of life benefits for local communities. The following can be considered as Green and Blue Infrastructure:

• Parks and Gardens;
• Natural and semi-natural green spaces;
• Designated sites (SPAs, SACs, Ramsar sites, SSSIs, National Landscapes);
• Reservoirs, lakes, and ponds;
• Waterways (watercourses);
• Greenways (Public Rights of Way, footpaths, cycleways and tracks, bridleways, towpath);
• Outdoor Sports Facilities (Sports pitches);
• Amenity green space (provision for play facilities etc.);
• Green spaces around premises (Educational premises open space and playgrounds);
• Cemeteries and churchyards;
• Allotments, community gardens and city farms;
• Public Realm/Civic spaces (urban greening – urban and street trees, road verges, green walls, green roofs, Sustainable Drainage Systems and Natural Flood Management);
• Productive Spaces (agricultural land and meadows); and
• Green Corridors (verges, green wedges, and green fingers).

Greenfield Site: Land that is not considered to be previously developed (see definition of ‘previously developed land’).

Heritage asset: A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. Heritage asset includes designated heritage assets and assets identified by the local planning authority (including local listing).

Heritage At Risk: This is the term for heritage assets which are at risk of being lost through long term neglect or decay.

Infilling: Development of sites that have adjacent buildings – usually the redevelopment of a plot in an otherwise continuously built-up road frontage of buildings.

Important Hedgerow: A hedgerow meeting the criteria set out in the Hedgerow Regulations 1997.

Infrastructure: Any structure, building, system facility and/or provision required by an area for its social and/or economic function and/or well-being including (but not exclusively): footways, cycleways and highways; public transport; drainage and flood protection; waste recycling facilities; education and childcare; healthcare; sports, leisure and recreation facilities; community and social facilities; cultural facilities, including public art; emergency services; green infrastructure; open space; affordable housing; live/work units and lifetime homes; broadband; facilities for specific sections of the community such as youth or the elderly.

Institutional Uses: Uses that can include care homes, nursing homes and other non-custodial institutions.

Irreplaceable Habitats: Habitats which is it not possible to re-create, due to their age and/or condition and/or composition. Includes Ancient Woodland and Veteran Trees in Essex.

Landscaping: The treatment of land for the purposes of enhancing and protecting amenities, and including fencing, walls or other means of enclosure, the planting of trees, hedges, shrubs or grass, and the formation of gardens and courtyards.

Legally Protected Species: Those species protected under: The Protection of Badgers Act 1992 (as amended); the Wildlife and Countryside Act 1981 (as amended); or the Conservation of Habitats and Species Regulations 2010 (as amended).

Listed Building: A building designated by the Department of Culture, Media and Sport as being of special architectural or historic interest often on the advice of Historic England. There are three grades of listed building: I, II* and II.

Living Landscape: Living Landscapes are large landscape-scale areas of the countryside, such as river valleys, estuaries, forested ridges, and grass and heath mosaics, which form ecological networks. The networks allow wildlife to move through them and increase their resilience to threats such as climate change, floods, drought, sea-level rise and development pressure. There are 80 Living Landscapes within Essex.

Local Area for Play (LAP): This is small landscaped areas of open space designated for young children (under 6 years old) and their parents or carers for play activities and socialisation close to where they live. A LAP should be a safe, attractive and stimulating environment which will give young children the opportunity to play and interact with their peers away from their own back garden, thus encouraging the development of a range of social and educational skills.

Local Enterprise Partnership: A body, designated by the Secretary of State for Communities and Local Government, established for the purpose of creating or improving the conditions for economic growth in an area.

Local Equipped Area for Play (LEAP): is an unsupervised play area mainly for children of early school age (4-12 years) but with consideration for other ages.Unlike LAP, a LEAP is equipped with formal play equipment, and it should provide a focal point for children when they are responsible enough to move away from the immediate control of parents.

Local Nature Reserve (LNR): A reserve declared and managed by a local authority under the National Parks and Access to the Countryside Act (1949). LNRs are usually declared on land which has some actual or potential wildlife interest in a local context, and which is well suited to public access and interpretation.

Local Planning Authority: The public authority whose duty it is to carry out specific planning functions for a particular area. All references to local planning authority apply to the District council, London borough council, county council, Broads Authority, National Park Authority and the Greater London Authority, to the extent appropriate to their responsibilities.

Local Plan: The plan for the future development of the local area, drawn up by the Local Planning Authority in consultation with the community.

Local Wildlife Site (LoWS): Non-statutory designation for a site of county-wide significance for wildlife or geology that is afforded special protection through the Local Plan.

Major proposal: A major development proposal as defined by Article 8(7) of The Town and Country Planning (General Development Procedure) Order 1995.

Material Consideration: A matter that should be taken into account in deciding on a planning application or on an appeal against a planning decision.

Mineral Safeguarding Area: An area designated by Minerals Planning Authorities which covers known deposits of minerals which are desired to be kept safeguarded from unnecessary sterilisation by non-mineral development.

Mitigation: Action taken to reduce the severity of adverse impacts. Mitigation can include minimising impacts by limiting the degree or magnitude of an action, or rectifying impacts by restoring, rehabilitating, or repairing the affected environment or reducing or eliminating impacts over time.

National Landscape (previously Area of Outstanding Natural Beauty): A National Landscape contains landscape of national importance as designated by the Government on advice from Natural England.

National Nature Reserve (NNR): Sites managed by English Nature or an approved body, established as reserves under the National Parks and Access to the Countryside Act (1949).

Neighbourhood Equipped Area for Play (NEAP): This will serve a substantial residential development and as such should cater for a wide range of children including those with special needs. Play equipment should be aimed primarily at those aged between 4 and 14 and should aim to stimulate physical, creative, intellectual, social and solitary play. Teenage provision should be in the form of kickabout/basketball areas, opportunities for wheeled play (skateboarding, roller-skating, etc.) and meeting areas.

Neighbourhood Plans: A plan prepared by a Parish Council or Neighbourhood Forum for a particular neighbourhood area.

Objectively Assessed Needs: Objectively assessing and evidencing development needs for housing (both market and affordable); and economic development (which includes main town centre uses).

Occupancy Conditions: Conditions attached to a planning consent that restrict the occupation of a dwelling, or permanent holiday accommodation to either certain times of the year or to certain parties.

Open space: All open space of public value, including not just land, but also areas of water (such as rivers, canals, lakes and reservoirs) which offer important opportunities for sport and recreation and can act as a visual amenity.

Original building: A building as it existed on 1 July 1948 or, if constructed after 1 July 1948, as it was built originally.

Out of Town: A location out of centre that is outside the existing built-up area.

Permitted Development: Limited forms of development allowed without the need to make an application for planning permission, as granted under the terms of the Town and Country Planning (General Permitted Development) Order 2010.

Planning Obligations: Legal agreements between a planning authority and a developer, or offered unilaterally by a developer, ensuring that certain extra works related to a development are undertaken, usually through Section 106 of the Town and Country Planning Act (1990).

Pollution: Anything that affects the quality of land, air, water or soils, which might lead to an adverse impact on human health, the natural environment or general amenity. Pollution can arise from a range of emissions, including smoke, fumes, gases, dust, steam, odour, noise and light.

Previously Developed Land: Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes: land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures; land in built-up areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time.

Priority Species and Habitat: Species and Habitats of Principal Importance included in the England Biodiversity List published by the Secretary of State under section 41 of the Natural Environment and Rural Communities Act 2006.

Policies Map: An obligatory component of a Local Plan showing the location of proposals and policy boundaries on an Ordnance Survey map.

Protected Lane: Lanes designated by the County Council as having particular historic value or making a significant contribution to the character of the countryside.

Protected Species: Plant and animal species protected under the Conservation (Natural Habitats and Conservation) Regulations 1994, the Wildlife and Countryside Act 1981 and subsequent amendments, or other species protected under legislation specific to them.

Private Amenity Space: Private outdoor sitting area attached to a residential dwelling that is not overlooked by adjacent or opposite living rooms or outdoor sitting areas.

Public Right of Way: A way where the public has a right to walk, and in some cases ride horses, bicycles, motorcycles, or drive motor vehicles.

Ramsar Site: Wetlands of international importance, designated under the 1971 Ramsar Convention.

Regeneration: The re-use or redevelopment of decaying or run-down buildings or urban area to bring them new life and economic vitality.

Registered Parks and Gardens: These are designed landscapes of national importance and are kept on a national register.

Renewable and Low Carbon Energy: Includes energy for heating and cooling as well as generating electricity. Renewable energy covers those energy flows that occur naturally and repeatedly in the environment – from the wind, the fall of water, the movement of the oceans, from the sun and also from biomass and deep geothermal heat. Low carbon technologies are those that can help reduce emissions (compared to conventional use of fossil fuels).

Residential Amenity: The normal and reasonable satisfaction people expect from their local living environment.

Ribbon Development: A narrow band of development extending along one or both sides of a road.

Rural Diversification: Activities undertaken on surplus land and the utilisation of redundant and unused rural buildings to support farming incomes, including, for example, forestry, leisure and tourism.

Safely accessible on foot: A location may be considered safely accessible on foot when there is a realistic and secure walking route from the development site to the nearest settlement boundary to connect to existing and established pedestrian infrastructure. This means pedestrians (including children and families) can reach the settlement without undue risk or exposure to traffic hazards. Acceptable walking conditions must include at least one of the following:

• Dedicated pedestrian infrastructure, such as separate footpaths or pavements alongside roads or alternative paths that would be likely to be used.
• Informal walking routes where traffic is slow-moving, visibility is good, and walking along the roadside does not pose a danger and can be demonstrated to not pose a danger.
• The emphasis is on ensuring that walking is a viable, safe, and comfortable mode of access to the nearest settlement and for all users, particularly those who may be more vulnerable and at all times of the year. Such pathways/routes must not be subject to flood zones 2/3.

Scheduled Monument: A historic or archaeological structure placed on a schedule compiled by the Department of Culture, Media and Sport for protection under the Ancient Monuments and Archaeological Areas Act 1979.

Sequential Approach: A process used to direct development toward the most appropriate locations before other areas are considered.

Settlement Development Boundary: Boundary shown on the Local Plan Policies Maps that shows the extent of defined towns and villages within which there is a presumption, in principle, in favour of development. Land outside of the Settlement Development Boundary is considered to be countryside.

Setting of a Heritage Asset: The surroundings in which a heritage asset is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, may affect the ability to appreciate that significance or may be neutral.

Shoreline Management Plans: A plan providing a large-scale assessment of the risk to people and to the developed, historic and natural environment associated with coastal processes.

Significance (for Heritage Policy): The value of a heritage asset to this and future generations because of its heritage interest. That interest may be archaeological, architectural, artistic or historic. Significance derives not only from a heritage asset’s physical presence, but also from its setting.

Site of Special Scientific Interest (SSSI): Sites designated by Natural England under the Wildlife and Countryside Act 1981.

Small Scale Self-build Development: Small scale self-build development refers to new self-build and custom-built housing proposals that are proportionate in size and impact to the nearest settlement they relate to. The concept ‘small scale development’ in this context will typically be assessed in relation to the settlement's role, character, and capacity to accommodate additional growth.

Special Area of Conservation (SAC): Areas given special protection under the European Union’s Habitats Directive, which is transposed into UK law by the Habitats and Conservation of Species Regulations 2010.

Special Protection Area (SPA): Areas which have been identified as being of international importance for the breeding, feeding, wintering or the migration of rare and vulnerable species of birds found within European Union countries. They are European designated sites, classified under the Birds Directive.

Stakeholder: A person or group with a direct interest, involvement or investment in something (i.e. the future of the local area). It could be a member of the public, a business, a government body or any other organisation.

Stepping Stones: Pockets of habitat that, while not necessarily connected, facilitate the movement of species across otherwise inhospitable landscapes.

Strategic Environmental Assessment (SEA): A procedure (set out in the Environmental Assessment of Plans and Programmes Regulations 2004) which requires the formal environmental assessment of certain plans and programmes which are likely to have significant effects on the environment.

Strategic Green Gaps: Areas of locally important strategic open land that protect the countryside between urban areas, and safeguard the separate identity, character and openness of settlements.

Supplementary Planning Document (SPD): Planning guidance that will supplement and support the implementation of policies contained in the Local Plan.

Sustainable Development: A widely used definition for sustainable development was drawn up by the World Commission on Environment and Development in 1987: ‘Sustainable development is development that meets the needs of the present without compromising the ability of future generations to meet their own needs.’

Sustainability Appraisal (SA): An appraisal of the policies and proposals of development plans to measure their ability to deliver sustainable development.

Town Centre: Area defined on the Local Plan Policies Maps, including the primary shopping area and areas predominantly occupied by main town centre uses within or adjacent to the primary shopping area. References to town centres or centres apply to city centres, town centres, district centres and local centres but exclude small parades of shops of purely neighbourhood significance. Unless they are identified as centres in Local Plans, existing out-of-centre developments, comprising or including main town centre uses, do not constitute town centres.

Transport Assessment: A comprehensive and systematic process that sets out transport issues relating to a proposed development. It identifies what measures will be required to improve accessibility and safety for all modes of travel, particularly for alternatives to the car such as walking, cycling and public transport and what measures will need to be taken to deal with the anticipated transport impacts of the development.

Travel Plan: A long-term management strategy for an organisation or site that seeks to deliver sustainable transport objectives through action and is articulated in a document that is regularly reviewed.

Tree Preservation Order (TPO): Order made by a local planning authority that makes it an offence to cut, top, lop, uproot or wilfully damage or destroy a tree without that authority’s permission.

Use Classes Order (UCO): The Town and Country Planning (Use Classes) Order update places different uses of land and buildings into various categories, planning permission not being required for changes of use within the same use class. Some uses do not have their own use class and therefore known as Sui Generis.

Veteran Tree: A tree which, because of its great age, size or condition is of exceptional value for wildlife, in the landscape, or culturally.