Planning Constraints

Set out below is a description of some of the main physical and policy constraints of relevance to the planning process in Gloucester. A summary of each constraint is provided together with links to relevant websites and further information where appropriate.

The constraints are as follows:

• Floodplain
• Contaminated Land
• Conservation Areas
• Listed Buildings
• Scheduled Ancient Monuments
• Landscape Conservation Areas
• Tree Preservation Orders
• Sites of Special Scientific Interest
• Greenbelt
• Cordon Sanitaire
• Areas of Principal Archaeological Interest

Due to its proximity to the River Severn a significant proportion of Gloucester (around 20%) is located within an area classified as 'floodplain'. The extent of the floodplain is defined having regard to previous major flood events the most recent being in 2007. In line with Government policy, the Council will seek to steer new development to areas at lowest risk of flooding. New development within the floodplain can impede flood flow and can increase the risk of flooding though the displacement of flood water.

The floodplain is divided into different areas of 'risk'. Zone 1 is characterised by a low probability of flooding (i.e. land assessed as having a less than 1 in 1000 annual probability of river or sea flooding in any one year <0.1%. Zone 2 is characterised by a medium probability of flooding (i.e. land assessed as having between a 1 in 100 and 1 in 1000 annual probability of river flooding (1% - 0.1%) or between a 1 in 200 and 1 in 1000 annual probability of sea flooding (0.5% - 0.1%). Zone 3a comprises land that is assessed as having a 1 in 100 or greater annual probability of river flooding (>1%) or a 1 in 200 or greater annual probability of flooding from the sea (>0.5%) in any one year. Zone 3b comprises land where water has to flow or be stored in times of flood.

In line with Government policy, the Council will seek to steer new development to areas at lowest risk of flooding. In particular we will apply a sequential approach whereby priority will be given to sites in Zone 1. Only where there are no sites available in Zone 1 will consideration be given to sites within Zone 2. Similarly, only where there are no sites available in Zone 2, will consideration be given to development within Zone 3.

All development proposed within Flood Zones 2 and 3, must be accompanied by a Flood Risk Appraisal (FRA).

The extent of Flood Zones 2 and 3 for the whole Country can be viewed on the Environment Agency website at by clicking here| - simply type in your postcode to see if you are at risk from flooding.  In addition, the Council has commissioned a Strategic Flood Risk Assessment (SFRA), which effectively supplements the Environment Agency Flood Zone maps.  To view the SFRA, click here|.

Further information on national planning policy in to development and flood risk is available in Planning Policy Statement 25 - Development and Flood Risk| (DCLG).

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Like many other urban areas across the country Gloucester has had a long and proud history of industrial activity. At various times over the last few hundred years Gloucester has been home to numerous industries including engineering, tanning, timber treatment, town gas manufacture, military activities and chemicals manufacture. The infilling of former clay, gravel and sand pits has also taken place in Gloucester.

In the past there were far fewer restrictions on industry than we have today and many facilities operated with little regard to their impact on the environment. These former industrial activities can leave contamination in the ground, which if not properly dealt with, can pose a risk to public health or the environment.

The type of contamination can vary widely from site to site. Some of the more common problems include heavy metals (such as lead and mercury), oils and tars, domestic and industrial waste and solvents.

As part of its statutory obligations, the Council has published a strategy detailing how it intends to undertake the identification of contaminated land within Gloucester. This strategy was first approved by the Cabinet in April 2002 and was revised in March 2006.

Further information on contaminated land including a downloadable copy of the Council's Contaminated Land Inspection Strategy and a list of frequently asked questions can be viewed on the Environmental Health pages by clicking here|.

Further information can also be viewed on the Environment Agency| website.

Information on national planning policy in relation to development involving contaminated land is available in Annex 2 of Planning Policy Statement 23 - Planning and Pollution Control| (DCLG).

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Gloucester has 14 designated Conservation Areas. The Conservation Areas are:

• Area 1 - The Spa
• Area 2 - Southgate Street
• Area 3 - The Docks
• Area 4 - Eastgate and St Michaels
• Area 5 - City Centre
• Area 6 - The Barbican
• Area 7 - Cathedral Precincts
• Area 8 - Worcester Street
• Area 9 - London Road
• Area 10 - Barton Street
• Area 11 - Hucclecote Green
• Area 12 - Hempsted
• Area 13 - Kingsholm
• Area 14 - Denmark Road

Conservation Areas are designated to preserve and enhance the special character of areas of architectural or historic interest.

Development that is proposed within a Conservation Area will be carefully controlled and as a general principle will be expected to preserve and wherever possible enhance the character, appearance and/or setting of the area.

Anyone proposing to cut down or carry out work to a tree in a Conservation Area with a stem diameter greater than 750 millimetres measured at 1.5 metres above ground level is required to give the City Council six weeks' prior notice (a “section 211 notice”). This gives the Council time to protect it with a Tree Preservation Order if deemed worthy (see separate link).

For more information click here|.

Further information on national planning policy relating to Conservation Areas can be viewed in Planning Policy Guidance Note 15 - Planning and the Historic Environment| (DCLG).

Further general information on the historic environment including the management of Conservation Areas can be viewed on the website of English Heritage|.

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The term listed building refers to a building or other structure officially designated as being of special architectural, historical or cultural significance. Buildings can be listed because of age, rarity, architectural merit, and method of construction.

The older a building is, the more likely it is to be listed. All buildings built before 1700 which survive in anything like their original condition are listed, as are most built between 1700 and 1840. After that date, the criteria become tighter with time, so that post-1945 buildings have to be exceptionally important to be listed.

Listed buildings are graded to show their relative architectural or historic interest.

Grade I buildings are of exceptional interest

Grade II* are particularly important buildings of more than special interest

Grade II are of special interest, warranting every effort to preserve them

Gloucester is fortunate to have 707 Listed Buildings. 13% of these are Grade I or II* - much higher than the equivalent figure for the whole of England which is only 6%.

From 1st April 2005, English Heritage became responsible for the administration of the listing system. Further information on Listed Buildings including advice for owners is available on the English Heritage| website.

Listed Building Consent is required for any proposal to demolish a listed building or any part of it, or alter it in a way, which would affect its character either externally or internally.

Examples of work which may need consent include changing windows and doors, painting over brickwork or removing external surfaces, putting in dormer windows or rooflights, putting up aerials, satellite dishes and burglar alarms, changing roofing materials, moving or removing internal walls, making new doorways, and removing or altering fireplaces, panelling or staircases (Source: English Heritage).

Carrying out unauthorised work to a listed building is a criminal offence punishable by a fine or a prison sentence.

The Council has prepared a 'Building at Risk' register which identifies listed buildings that are in need of repair and re-use and prioritises them for action. A copy of the Council's Building at Risk register can be viewed by clicking here|.

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A Scheduled Monument (SM) for short is a protected archaeological site or building of historic building considered to be of national importance. Scheduled Monuments are protected by law under the Ancient Monuments and Archaeological Areas Act 1979.

English Heritage takes the lead in identifying sites in England, which should be placed on the schedule by the Secretary of State for Culture, Media and Sport. A long list of criteria is used to decide whether an Ancient Monument should become a Scheduled Monument.

To be eligible for scheduling, a monument must be demonstrably of national significance according to a number of specific criteria. These are

• Period - meaning the length of time it remained in use, significant sites are often multi-period
• Rarity - monuments with few known comparators are more likely to be scheduled
• Documentation - information from earlier investigations at a site can inform on its significance
• Group value - where a monument forms part of a wider geographical landscape of important sites
• Survival/Condition - the degree to which the surviving remains convey the size, shape and function of the site
• Fragility/Vulnerability - threats to the site from natural agencies, tourism or development can lead to a monument being scheduled for its protection
• Representivity - how well the monument represents diverse similar types and/or whether it contains unique features
• Potential - its ability to contribute to our knowledge through further study

Scheduled Monument Consent is required for any work to a designated monument. The Secretary of State must be informed about any work, which might affect a monument above or below ground. It is illegal to tamper with a designated area in any way.

There are 26 Scheduled Monuments in Gloucester.  The Council will resist development on the site of, or in the setting of, a scheduled ancient monument except where this would enhance the character and setting of that monument.

The location of Gloucester's Scheduled Monuments can be viewed on the LDF Proposals Map|.

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The City Council has designated a number of Landscape Conservation Areas across the City. These have been drawn up having regard to independent advice provided by consultants in 2000.

The criteria for designation as Local Landscape Conservation Areas are as follows:

1. Areas of land which contribute to the setting of the City of Gloucester and/or may be visible from major transport routes which feed into and circulate around the city;
2. Areas of land which serve to separate built development and create a green lung;
3. The intrinsic value of the landscape concerned;
4. Areas of Special Landscape Value as defined in the County Structure Plan.

The Council's approach towards development within Landscape Conservation Areas is that development will not be permitted that would detract from the particular landscape qualities and character of Landscape Conservation Areas unless there are exceptional circumstances.

Open-air recreational uses and small-scale development required to support them, agricultural development and renewable energy proposals may be acceptable provided they are sensitively located, designed and landscaped.

The boundaries of the Landscape Conservation Areas can be viewed on the LDF Proposals Map|.

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The City Council can make a Tree Preservation Order (TPO) using the law set out in the Town and Country Planning Act (1990) and in the Town and Country Planning (Trees) Regulations (1999).  Once a tree is protected, it is an offence to cut down, lop, top, uproot, wilfully damage and/or destroy a tree. Anyone proposing to carry out works to a tree protected by a TPO must apply in writing to the City Council

Tree Preservation Orders (TPOs) are made to preserve trees and woodlands in the interests of amenity. Amenity is not defined in law but in the Secretary of State's view, TPOs should be used to protect selected trees and woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public.

All types of trees can be protected in this way, whether as single trees or as part of a woodland, copse or other grouping of trees. Protection does not however extend to hedges, bushes or shrubs, but may include trees in hedgerows.

If the Council wishes to make  a Tree Preservation Order to protect  a tree (or trees) on your property, they will serve the Order  on you and send a copy to all adjoining landowners  advising them of the making of the Order.

Owners, occupiers & interested parties have 28 days from the date of the order within which to object or support the order.

Trees covered by TPO's remain the responsibility of the landowner, both in terms of any maintenance that may be required from time to time and for any damage they may cause. The Council must formally approve any works to a TPO tree.

TPOs are recorded in the Local Land Charges Register.   Copies of all TPO's across Gloucester City Council's administrative area  can be inspected at  Gloucester City Council offices.

Further information including relevant contact information is available by clicking here|.

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Sites of Special Scientific Interest or SSSIs for short are the country's very best wildlife and geological sites. There are over 4,000 Sites of Special Scientific Interest (SSSIs) in England, covering around 7% of the country's land area. Over half of these sites, by area, are internationally important for their wildlife, and designated as Special Areas of Conservation (SACs), Special Protection Areas (SPAs) or Ramsar sites. Many SSSIs are also National Nature Reserves (NNRs) or Local Nature Reserves (LNRs).

Natural England now has responsibility for identifying and protecting the SSSIs in England under the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

By law, Natural England must notify all owners and occupiers of any land that is considered to be of special interest because of any of its flora, fauna, or geological and physiographical features. An SSSI is also registered as a local land charge, which means that all future owners and occupiers are also bound by the laws protecting SSSIs. Owners and occupiers are given four months to make objections and representations about the notification of a new SSSI.

The Government's Public Service Agreement target is for 95% of SSSI land to be in 'favourable' or 'recovering' condition by 2010.

Gloucester contains two Sites of Special Scientific Interest:

• Hucclecote Hay Meadows
• Robinswood Hill Quarry

The Council's approach is to refuse development that would diminish or in any other way have an adverse impact upon, the interest and importance of a Site of Special Scientific Interest.

Detailed information on SSSIs can be viewed on the website of Natural England|.

Further information on SSSIs can also be viewed on the website of DEFRA|.

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Greenbelt is a specifically defined area of land around and existing developed area (usually a town or city), with a specific purpose. Its precise boundaries are identified in Structure Plans and where relevant, Local Plans. 

The term Greenbelt should not be confused with the term Greenfield which is simply used to describe land that has not been previously developed e.g. farmland. Greenbelt is a specific designation. At present there are fourteen green belt areas, covering approximately 1,556,000 hectares - 12% of the UK. Greenbelts vary in size from 486,000 hectares around London to just 700 hectares at Burton-on-Trent.

Greenbelts have a long history. The first official proposal to establish a Greenbelt or 'girdle of open space was made in 1935 by the Greater London Regional Planning Committee. They wanted to reserve a supply of public open space and recreational areas.

In 1947, the Town and Country Planning Act allowed local authorities to include Greenbelts in their local development plans although it was in 1955 that the concept of the Greenbelt was really established when a Circular from the Government invited Local Planning Authorities outside of London to consider the creation of Greenbelts.

The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the most important attribute of Green Belts is their openness.

Green Belts can shape patterns of urban development at sub-regional and regional scale, and help to ensure that development occurs in locations allocated in development plans. They help to protect the countryside, be it in agricultural, forestry or other use. They can assist in moving towards more sustainable patterns of urban development.

There are five purposes of including land in Green Belts:

• To check the unrestricted sprawl of large built-up areas
• To prevent neighbouring towns from merging into one another
• To assist in safeguarding the countryside from encroachment
• To preserve the setting and special character of historic towns
• To assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

In Gloucestershire there is an area of existing Greenbelt between Gloucester and Cheltenham. The boundaries of the Greenbelt and further information can be viewed in the Gloucestershire Structure Plan (1999) which can be viewed on the Gloucestershire County Council website by clicking here|.

Government policy on Greenbelts is set out in Planning Policy Guidance Note 2 - Greenbelts| (DCLG).

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The Council has designated a 'Cordon Sanitaire' around Netheridge Sewage Works. Cordon Sanitaire is a French phrase, which literally translated, means 'quarantine line'. In order to ensure that new development is not affected by smell, the Council's approach is to resist development within the defined cordon boundary where it would be adversely affected by smell from the sewage disposal works. Thus, more sensitive land uses such as residential development are unlikely to be permitted within the cordon.

The boundary of the cordon sanitaire can be viewed on the Local Plan Proposals Map

Areas of Principal Archaeological Interest

The Council has drawn up a number of Areas of Principal Archaeological Interest using information contained in the Gloucester Urban Archaeological Database. Any development that is proposed within an Area of Principal Archaeological Interest will be carefully assessed in order to determine the extent of any archaeological interest.

Where investigations reveal that there are remains of archaeological importance on-site, the Council will work with the landowner/developer to ensure that a suitable archaeological mitigation strategy is agreed - the preferred option being preservation of the remains on-site.

The extent of the City's Areas of Principal Archaeological Interest are shown on the LDF Proposals Map

For annual reports on archaeology in Gloucester click here|.

National policy is set out in Planning Policy Guidance Note 16 - Archaeology and Planning| (DCLG).

General information on archaeology and buildings is available on the website of English Heritage|.

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CONTACTS AND FURTHER INFORMATION

Adam Gooch - 01452 396836
Georgina Wood - 01452 396848

Email: spatialplanning@gloucester.gov.uk

Alternatively you can write to us at:

Planning Policy Team
Gloucester City Council
Herbert Warehouse
The Docks
Gloucester
GL1 2EQ
ENGLAND

Last Updated 12/12/2008