Explanations of Frequently used planning terms
Area of Outstanding Natural Beauty (AONB) - Almost two thirds of the area covered by Kennet District Council lies within the North Wessex Downs Area of Outstanding Natural Beauty. This is a government designation, made in 1972 that recognises the national importance of this landscape, which extends into the counties of Hampshire, Oxfordshire and Berkshire. The Council has a statutory duty within the AONB (including when determining planning applications) to have regard to the purpose of conserving and enhancing the natural beauty of the AONB. A North Wessex Downs AONB Management Plan has been prepared, supported by the Councils covered by the AONB. Further details relating to the AONB can be found here: In the AONB, there are more stringent planning controls designed to protect the character and appearance of the landscape.
Article 3 Restrictions - When planning permission is granted for a development, it is often necessary to include within it conditions that protect the amenity of neighbouring properties or the appearance of an area. Some of these conditions may restrict what alterations a landowner may make to his property before requiring permission from the Council, and may curtail rights that the government grants to alter or extend property without requiring permission from the Council. An example could be where an extension to a house is granted permission with a condition requiring the owner to apply to the Council if he wants to add additional windows to a particular wall. This may be done to protect the reasonable privacy of a neighbour who would be seriously overlooked if a window were added in that particular wall. Restrictive conditions such as this that require an owner to apply to the Council for work that would otherwise not require planning permission are known as 'Article 3 restrictions'.
Article 4 Directions - The Government allows certain minor building operations and land uses to be exempt from the need to apply to the local council for planning permission. In some circumstances, a Council may decide that these exemptions (commonly known as 'permitted development' should not apply to a particular area. To restrict these exemptions, the Council needs to make what is described as an 'Article 4 Direction' (the term comes from the Planning Acts). The Direction will specify which normally exempt operations or uses will require planning permission from the Council. Article 4 Direction are most frequently used in conservation areas, where they may restrict the size of extensions or the alterations of buildings in an effort to ensure that the character and appearance of the conservation area is not spoilt by unsympathetic alterations.
Conservation Areas - The Council has a legal duty to consider what areas of its district are of special architectural or historic interest that justifies making that area a conservation area. To date, the Council has 69 designated conservation areas in Kennet, ranging from the historic town centres of Devizes and Marlborough to the much smaller settlements of Alton Barnes and Alton Priors. Within these areas, the Council has to ensure that any new development preserves or enhances the character or appearance of the area. To assist in this task, it publishes Conservation Area Statements that seek to identify the special characteristics of these areas and proposals for their management.
More information on conservation areas, including the Conservation Area Statements, can be found on the Council's conservation web pages follow here
Contaminated Land – Under the Environmental Protection Act 1990, the Council has a duty to inspect its area for contaminated land. A Contaminated Land Protection Inspections Strategy has been produced and can be viewed by following the link here
The Council consults the Environment Agency on planning applications that involve the redevelopment of contaminated land and takes their views into account in determining such applications.
Flood Risk - Kennet contains a number of rivers and streams, including the river Kennet itself, the river Avon and tributaries of the Bristol Avon. Within areas close to these streams and rivers, flood risk is a material consideration that the Council has to take into account in determining planning applications. If your proposal lies within a flood risk area, the Council is likely to ask you to submit with your planning application a Flood Risk Assessment (FRA) demonstrating how the risk of flooding has been taken into account and what alleviation measures, if required, are proposed. The Environment Agency produce a Flood Map that should help you identify if the site you are interested is in a Flood Risk Area at:
www.environment-agency.gov.uk/ (External link). If it is, the EA have produced guidance on their web site 'Development & Flood Risk' that gives further advice on the procedures to follow.
Listed buildings - The word 'listing' is a short-hand term used to describe one of a number of legal procedures which help English Heritage to protect the best of our architectural heritage. When buildings are listed they are placed on statutory lists of buildings of 'special architectural or historic interest' compiled by the Secretary of State for Culture, Media and Sport under the Planning (Listed Buildings and Conservation Areas) Act 1990, on advice from English Heritage. Kennet contains approximately 4,000 listed buildings. More information on listed buildings in Kennet can be found on the Council's conservation web pages follow here
Tree Preservation Orders - The council protects many trees that contribute to the character and appearance of the landscape by Tree Preservation Orders. Work to these trees requires the consent of the council. The council does not provide general arboricultural advice on trees, but will respond to requests to discuss works to trees protected by preservation orders. Contact conserve@kennet.gov.uk.