Planning Constraints useful Information
Conservations Areas
An area that is afforded special protection within planning law, through the Planning (Listed Buildings and Conservation Areas) Act 1990 which requires that the areas should be conserved or enhanced because of their special architectural or historic interest. There are currently 26 conservation areas within the Borough, details of which are available within the conservation and heritage section of this site.
The following local plan polices are relevant to conservation areas:
Central Government Guidance is set out in Planning Policy Guidance 15: Planning and the historic environment.
Further general information is available from English Heritage.
Tree Preservation Order (TPO)
Tree preservation orders are placed on trees that are of special contribution to the visual amenity of a specific area, but only where the tree is safe and healthy enough. Further information is available within Trees and Hedgrows, Protected Trees -FAQ and a list of current Tree Preservation Orders, by parish is provided..
The relevant policy within the local plan is Policy NE11 - Tree Preservation Orders.
Areas of Outstanding Natural Beauty
Areas of outstanding natural beauty are nationally designated areas of precious landscape whose distinctive character and natural beauty are so outstanding that it is in the nation's interest to safeguard them. Currently there are no areas of outstanding natural beauty in the Borough. However, there are areas designated by the Hinckley and Bosworth Local Plan known as ‘Areas of Particularly Attractive Countryside’ , these areas are identified by having a very high intrinsic landscape quality, through their respective identifiable characteristics. The relevant policy within the local plan is Policy NE9 - Areas of Particularly Attractive Countryside.
Listed Buildings
Listed Buildings are buildings of special architectural or historic interest. They are afforded special protection within planning law, through the Planning (Listed Buildings and Conservation Areas) Act 1990, which serves to ensure the retention, restoration and maintenance of these buildings. Further information is available within the conservation and heritage section of this site.
Details of which buildings are listed is contained in list form here and on a map here (click on proposals map).
The following local plan polices are relevant to listed buildings:
As with conservation areas, central government guidance is set out in Planning Policy Guidance 15: Planning and the historic environment.
In addition, further general information is available from English Heritage.
Contaminated Land
Contaminated land is land with a prior history of having toxic substances, chemical waste, manufacturing by-products or other contaminants contained in the soil structure. Contamination of land may threaten public health and safety and the natural environment. Land contamination, or the possibility of it, is therefore a material planning consideration. It remains the responsibility of the landowner/developer to identify land affected by contamination and to ensure that remediation is undertaken to secure a safe development. There are currently no known sites which, having been assessed against the relevant criteria contained with legislation relating to environmental health, are designated as contaminated. However, there are a large number of sites which can be considered ‘sites of interest’, where there are concerns that contamination may be present but a detailed investigation has not yet been undertaken. These will include all existing employment sites, agricultural farmyards and land with previous use by any of the utility companies. As such, if a planning application is submitted on a site such as this it should be accompanied by a ‘contaminated land desk based assessment’, further details are available from Development Control at Hinckley & Bosworth Borough Council.
The following local plan polices are relevant to contaminated land:
Central government guidance is set out in Planning Policy Statement 23: Planning and Pollution Control.
Flood Risk
The probability of a particular flood event and the impact that the flood would cause. The aims of the planning system in respect of flood risk are to avoid, reduce and manage flood risk by full account of:
- Present and future flood risk, involving both the statistical probability of a flood occurring and the scale of its potential consequences, whether inland or on the coast
- The wider implications for flood risk of development located outside flood risk areas
Details of areas at risk from flooding are contained on the proposal map, part of the local plan (click on proposals map).
The relevant policy with the local plan is Policy NE13 - Developmental Effects on Natural Watercourses.
Central government guidance is set out in Planning Policy Statement 25: Development and Flood Risk.
Article 3 Restriction
Article 3 forms part of the General Permitted Development Order 1995. This is the ‘planning law’ that means some works do not require planning permission, know as ‘permitted development rights’, for more detail see Do I need Planning Permission?
There are parts of Article 3 itself that restrict the general rights to permitted development that it grants. In an area given a European designation for its nature conservation importance there is no permitted development for proposals that Natural England have identified as likely to have significant effects on that importance. Article 3 also stipulates that there is no permitted development for anything which creates an obstruction to the view of persons using any highway used by vehicular traffic and which causes them danger.
Elsewhere the article stipulates that if a development requires the submission of an environmental impact assessment under the relevant regulations it cannot be permitted development.
For information on areas of the Borough having a European nature conservation designation go to the Natural England website.
To discuss whether your proposal is likely to cause a danger to highway users you can go to Leicestershire County Council Highways.
To discuss whether your proposal will require an environmental impact assessment or other information regarding Article 3 Restrictions contact us.
Article 4 Directions
Article 4 also forms part of the General Permitted Development Order 1995. It provides powers to restrict the ‘permitted development rights’, outlined in Article 3 above. A local planning authority can remove part or all of the ‘permitted development rights’ for a property or area. There are currently the following Article 4 restrictions on sites within the Hinckley and Bosworth Borough:
- Sycamore Farm, Barton in the Beans
- Cadeby Market, Cadeby
However, ‘permitted development rights’ can also be removed by a condition imposed on a previous planning permission and you should contact development contact Development Control at Hinckley & Bosworth Borough Council to find out if this applies to your property.
