Key Planning Terms
Areas of Outstanding Natural Beauty (AONB)
County Durham contains part of one Area of Outstanding Natural Beauty. The landscape of the North Pennines (which is also partly in Cumbria and Northumberland), has been designated as an AONB because its landscape is nationally significant. The AONB contains extensive areas of near wilderness landscapes and traditional agricultural landscapes and is of vital importance to the overall image of the County. Parts of the area are also protected as National Nature Reserves and Sites of Special Scientific Interest. The AONB also includes areas of international importance, such as the North Pennine Moors Special Protection Area and five Special Areas of Conservation. At almost 2,000 square kilometres the North Pennines is the second largest of the 40 AONBs in England and Wales.
In terms of landscape quality, AONBs are recognised as the equal of England’s National Parks and are given the same level of protection. In accordance with Government policy is it is inconsistent with the aims of the designation of the North Pennines as an AONB to allow major minerals or waste development within the AONB. Only proven national interest and lack of alternative sites can justify exceptions. Further information on the Government’s planning policies that apply to AONBs are set out in Minerals Policy Statement 1 (MPS1) ‘Planning and Minerals’ and Planning Policy Statement 7 (PPS7) ‘Sustainable Development in Rural Areas’. Detailed information on the County Council’s policies relating to the protection of AONBs are set out in the County Durham Minerals Local Plan Policy M22 and County Durham Waste Local Plan Policy W8.
Article 3 Restrictions on Permitted Development Rights
Article 3 of the Town and Country Planning (General Permitted Development) Order 1995, (as amended) (GPDO) grants a general permission for the carrying out of certain types of development. For example subject to specified limitations on their height, among other things, ancillary plant and buildings may also be erected at mineral extraction sites under permitted development rights granted by the GPDO. Further information on Article 3 Directions is set out in the Town and Country Planning (General Permitted Development) Order 1995, (as amended).Article 4 Direction
Under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995, (as amended) the County Council has the ability to make a direction restricting permitted development rights where it is considered appropriate. For example subject to specified limitations on their height, among other things, ancillary plant and buildings may also be erected at mineral extraction sites under permitted development rights granted by the GPDO. Provisions exist for these rights to be withdrawn, either by the issue of a direction under Article 4 of the GPDO, or alternatively by a condition imposed on a planning permission for a particular development. Further information on Article 4 Directions is set out in the Town and Country Planning (General Permitted Development) Order 1995, (as amended).Conservation Orders
These areas are a local designation and are areas containing land and buildings of special architectural or historic interest. Government policy is that the character and appearance of Conservation Areas should be preserved or enhanced. County Durham contains 94 Conservation Areas. The Conservation Areas in the County range from urban market places and greens to loose knit dales villages and industrial settlements. Many Conservation Areas contain large numbers of listed buildings and include areas or groups of buildings which in themselves are not of listable quality but are recognised either for their historic or landscape importance or for their aesthetic or social significance. Details of the County’s Conservation Areas are available.Detailed information on the Council’s policies relating to Conservation Ares are set out in the County Durham Minerals Local Plan (Policy M30) and County Durham Waste Local Plan (Policy W19).
Contaminated Land
Areas of land that have been polluted or harmed in some way making them unfit for safe development and usage unless cleaned are considered to be contaminated. In the post war period large areas of contaminated and derelict land have been reclaimed in County Durham including large areas of industrial dereliction and former mineral working. The District Council’s within County Durham are responsible for enforcing the law relating to contaminated land. They are responsible for preparing a Contaminated Land Strategy, which says how they will find contaminated sites in their areas, carry out inspections of land that may be contaminated, formally declare land as contaminated, agree the necessary action and making sure that it is done and keeping a Public Register of contaminated land sites. Individual policies within both the County Durham Minerals Local Plan and County Durham Waste Local Plan seek to protect the environment and the remediation of both derelict and contaminated land.Flood Risk
As a result of climate change, flood risk is increasingly recognised as an important issue for the land use planning system. The planning system is required to act on a precautionary basis to ensure that new development is safe and not exposed to flooding by considering flood risk on a catchment wide basis.County Durham contains many areas which are at risk from flooding. These areas include many low-lying areas adjacent to the County’s rivers and along the North Sea coast. The extent of the area at risk from flooding is also set out on the Waste Local Plan Proposals Map, (April 2005). More recent detailed information on those areas which are at risk from flooding in County Durham are available from the Environment Agency's website.
Further information on the Governments policy approach to Floodrisk is set out in Planning Policy Statement 25: Development and Flood Risk (December 2006). Detailed information on the Council’s policies relating to flood risk are set out in the County Durham Minerals Local Plan(Policy M38) and County Durham Waste Local Plan (Policy W28).
Listed Buildings
A building of special architectural or historic interest. Graded I (highest quality), II* or II. County Durham’s Listed Buildings range from Anglo Saxon times to post war buildings. The greatest number relate to the 18th and early 19th centuries, which reflect the high standard of architecture and buildings of those times. There are now 3,536 listed buildings in the County including 105 of Grade I status,188 of Grade II* and 3,243 Grade II buildings. Details of the County’s Conservation Areas are available.Tree Preservation Orders
These are a mechanism for securing the preservation of single or groups of trees of acknowledged amenity value. A tree subject to an order may not normally be topped, lopped or felled without the consent of the Local Planning Authority. Further information is available on the Law and Good Practice applying to Tree Preservation Orders. There are no policies within either the County Durham Minerals Local Plan or County Durham Waste Local Plan (April 2005) relating to Tree Preservation Orders.For Further Information
Planning PolicyTel: 0191 3834114
Email: Planning Policy
Planning Development Control
Tel: 0191 3835698
Email: Development Control
