Affordable Housing:
Affordable housing for Local Needs is a term used to describe housing whose tenure is restricted to those who qualify for local needs housing (qv), and which are available for purchase at no more than 80% of their value on the open market, or are available for rent through a housing association or trust.
Amenity Open Space:
The Local Plan identifies areas of land within settlements which make so significant a contribution to their character and to the amenity and enjoyment of nearby residents and the public at large as to warrant long term retention as open space. Such designation does not signify that such areas are available for public access and use although this may be the case in some instances. Rather, it indicates an intention that proposals for built development which would encroach on identified areas will not normally be granted planning permission.
Area of Outstanding Natural Beauty (AONB):
AONBs are relatively large areas of land designated under the National Parks and Access to the Countryside Act 1949 by the Countryside Commission, in order to conserve and enhance the natural beauty of the area. The North Pennines AONB includes the East Fellside and Alston Moor as well as parts of County Durham, Northumberland, and Carlisle District.
Area of Special Control of Advertisements:
Part IV of the Town and Country Planning (Control of Advertisements) Regulations 1992 enables a Local Planning Authority to make Areas of Special Control Orders for submission to the Secretary of State for approval. Most of the Plan area has been designated as an Area of Special Control. (The central areas of Appleby, Alston, Kirkby Stephen, Penrith, Shap and Tebay are excluded). Within Areas of Special Control the display of advertisements with deemed consent (i.e. without the need for the formal approval of the Local Planning Authority) is subject to greater limitation.
Article 4 Direction:
Article 4 of the Town and Country Planning (General Permitted Development) Order1995 allows the Local Planning Authority to restrict the scope of permitted development rights in defined areas. Article 4 Directions must normally be approved by the Secretary of State.
Business Park:
Business Parks are defined in the Structure Plan as high quality employment sites aimed at light industrial and office developments, particularly those related to high-tech industries. A business park site is allocated in policy EM1 of the Local Plan, and shown on the Penrith Inset Map.
Conservation Areas:
Conservation Areas are "areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance". Such areas are designated by Local Planning Authorities under the Planning (Listed Buildings and Conservation Areas) Act 1990. The Local Planning Authorityhas limited additional powers over the demolition of buildings and the removal of trees within such areas, and certain permitted development rights (qv) are either reduced or removed.
County Nature Sites:
Sites of local nature conservation importance which compliment the national network of nature conservation SSSIs.
Established Shopping Areas:
Established Shopping Areas are defined by the Local Plan in the central areas of Alston, Appleby, Kirkby Stephen, and Penrith. The boundaries are shown on the relevant Inset Maps. Within such areas retail and associated activities form the predominant uses at ground level. The Council's policy as designed to encourage the maintenance and development of these areas as retail centres.
Environmental Assessment (EA):
A process by which information about the environmental effects of a proposal are collected, and taken into account by the planning authority in forming their judgement about whether or not to grant planning consent. The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 as amended in 1994 sets out the types of project for which an EA is required.
Environmentally Sensitive Area (ESA):
The ESA scheme was introduced by the Ministry of Agriculture in 1987 to encourage farmers to help safeguard areas of the countryside where the landscape, wildlife or historic interest is of national importance. Within an ESA farmers may enter into a 10 year management agreement with the Ministry and will receive payments for the continuation of traditional farming practices.
General Permitted Development Order:
The Town and Country Planning (General Permitted Development) Order 1995 prescribes many of the procedures for the determination of planning applications and details those forms of minor development which may be undertaken without the need for application for planning permission. (See also Article 4 Directions and Permitted Development).
Inventory of Ancient Woodland:
This was compiled by the Nature Conservancy Council ( the predecessor of English Nature) and includes ancient, semi-natural woodlands which are defined as those which have been in existence since at least the middle ages and which bear stands of native trees which were not obviously planted.
Limestone Pavement Order:
Where areas of limestone pavement are of special ecological or geological interest, Section 34 of the Wildlife and Countryside Act 1981 enables the Minerals Planning Authority to make an Order thereby prohibiting the removal or disturbance of limestone on land so designated.
Listed Building:
The Secretary of State for National Heritage, advised by English Heritage, compiles a list of buildings of "special architectural or historic interest". Any material alteration to or demolition/part demolition of a Listed Building, whether external or internal will require an application for Listed Building Consent to be submitted to the Local Planning Authority. Provisions relating to Listed Buildings are contained in the Planning (Listed Buildings and Conservation Areas) Act 1990.
Landscapes of County Importance:
Landscapes of County Importance are defined by the Structure Plan and identified on the Local Plan Proposals Map. These are landscapes of distinct and valued character which warrant particular protection. The designation is designed to complement the national network of AONBs and National Parks.
Local Employment Sites:
Local Employment Sites are defined in the Structure Plan as employment sites designed to accommodate the needs of a wide range of types and sizes of employment and warehousing units, including those not suitable for business park or strategic employment sites. Local Employment Sites are allocated in various settlements in Policy EM3 of the Local Plan, and shown on the relevant Inset Maps.
Local Needs Housing:
Local Needs Housing is a term used to refer to housing whose tenure is restricted (usually by means of a planning agreement) to people who live or work in the locality, or with long-standing links with the local community. Paragraph 3.30 provides more details.
National Nature Reserve:
Areas of national and sometimes international importance which are owned or leased by English Nature or managed in accordance with their wishes. The essential characteristic of such areas is that they are primarily used for nature conservation.
Permitted Development:
The Town and Country Planning (General Permitted Development) Order 1995 (qv) permits certain minor alterations and extension to be undertaken without the need to apply for explicit planning permission from the Local Planning Authority. Such development is known as permitted development.
Planning Agreement:
Planning Agreements (or "Planning Obligations") are made under Section 106 of the Town and Country Planning Act 1990. Agreements may be made between a Local Planning Authority and a land owner (often a developer) or may be entered into unilaterally by such persons. Agreements are usually employed to restrict the development or use of land in ways which cannot properly or conveniently be achieved by the imposition of conditions.
Planning Policy Guidance Note (PPG):
PPG's are issued by the Government, after consultation, to provide guidance to Local Planning Authorities and others on Government policy and the operation of the planning system. PPG's are subject to periodic review. The determination of planning applications and formulation of planning policies must have regard to these statements of Government policy.
Primary Route Network:
The Primary Route Network of Cumbria consists of the Motorway, trunk roads, and other Primary Roads. Schedule 1 of the Structure Plan refers. Within Eden District the following roads comprise the Primary Route Network:
M6, A66(T), A6 south of M6 Junction 39 (Shap), and A685 from M6 Junction 35 (Tebay) to its junction with A66 at Brough.
Ramsar Site:
Wetland sites established under the Convention on Wetlands of International Importance especially as waterfowl habitats ratified by the UK Government in 1973. All Ramsar sites will also be SSSI's (see below).
Regionally Important Geological/Geomorphological Sites (RIGS):
Geological/geomorphological sites of local importance which complement the national network of geological SSSls (see below).
Scheduled Ancient Monument:
The Secretary of State, advised by English Heritage, compiles a schedule of ancient monuments which, by reason of period, rarity, fragility, potential etc. appear to be of national importance. Provisions relating to Scheduled Ancient Monuments are contained in the Ancient Monuments and Archaeological Areas Act 1979 and the National Heritage Act 1983.
Site of Special Scientific Interest (SSSI):
Section 28 of the Wildlife and Countryside Act 1981 enables English Nature to designate areas of land which, by reason of their flora, fauna, or geological or physiographic features, it is in the national interest to conserve. Some forms of permitted development rights may not be exercised in such areas.
Special Area for Conservation:
Areas established under the EU Directive on Habitats as contributing to the maintenance of a coherent Community-wide network of habitats called Natura 2000. SACs are selected for their importance as natural habitat types and as habitats of species identified in the Directive.
Special Protection Area (SPA):
Areas established under the EC Directive on the Conservation of Wild Birds in order to maintain habitats and thereby to conserve populations of certain species of birds. All SPA's will also be SSSI's (see above).
Strategic Employment Sites:
Strategic Employment Sites are defined in the Structure Plan as sites designed specifically to provide sites for large scale business, general industry, storage, and distribution uses. Small scale uses would not normally be permitted on such sites. A Strategic Employment Site is allocated in policy EM2 of the Local Plan and shown on the Penrith Inset Map.
Sustainability:
That the environment should be protected in such a condition and to such a degree that environmental capacities are maintained over time: at least at levels sufficient to avoid future catastrophe, and at most at levels which give future generations the opportunity to enjoy an equal measure of environmental consumption.
Sustainable Development:
Ensuring that needs of the present are met without compromising the ability of future generations to meet their needs.
Tree Preservation Order (TPO):
Under Section 198 of the 1990 Act a Local Planning Authority may, in the interests of amenity, make provisions for the preservation of individual trees or woodlands. TPO's prohibit the cutting down, topping, lopping, uprooting, wilful damage or wilful destruction of trees without the prior consent of the Authority.
Use Classes Order:
The Town and Country Planning (Use Classes) Order 1987 contains a number of Classes into which most uses of land or buildings fall. The change of use of land or buildings, from one class to another, normally requires planning permission. The change of use of land or buildings within a particular Class does not involve development requiring planning permission.
Windfall Site:
An informal term used to describe a site where planning consent (usually for housing) is granted despite that site not being allocated for development in the Local Plan.
Note
: The above list is intended only to provide a general explanation of terms used in the Local Plan and does not constitute precise definitions in law.
