The Green Belt A Guide for Householders

Transcription

1 The Green Belt A Guide for Householders

2 Introduction Much of Mole Valley lies within the Metropolitan Green Belt. This leaflet outlines the purpose, importance and characteristics of the Green Belt and explains the main planning policies that achieve its aims. The leaflet focuses on policies likely to be of most interest to people living or proposing to buy a property in the Green Belt. The Purpose of the Green Belt The Green Belt is a ring of open land and countryside around London, where planning policies apply strict controls over development in order to: prevent urban sprawl, safeguard the countryside from encroachment, preserve the setting and special character of historic towns, and assist in the regeneration of urban areas by encouraging the recycling of derelict and other urban land Protection of the Green Belt also has a positive role in: providing opportunities for access to the open countryside and to outdoor recreation close to urban areas enhancing landscape and wildlife, and retaining land in agricultural and similar uses The Importance of the Green Belt Great importance is attached to the Green Belt not only by the District and County Councils but also the Government. It has been a major feature of planning policy for many years. Main Characteristics of the Green Belt The most important attribute of the Green Belt is its openness. In order to maintain this open character in the face of intense development pressures the policies for the Green Belt have to be restrictive. Although the Green Belt includes areas of attractive scenery, particularly in Mole Valley, this is not essential to its main purpose of maintaining a ring of open countryside around London. The fact that a piece of land may not be particularly attractive or prominent to public view does not make it less important as part of the Green Belt. An essential characteristic of the Green Belt is its permanence. The Government requires that its protection be maintained "as far as can be seen ahead". Once adopted it should be altered only in exceptional circumstances. The Extent of the Green Belt The extent of the Green Belt in Mole Valley is shown in the diagram at the end of this booklet. It covers mainly open land and countryside outside the towns and larger villages, but also "washes over" the smaller villages marked with dots. The Green Belt was approved as part of the Mole Valley Local Plan in October Green Belt Policies This leaflet summarises the most relevant policies of the Mole Valley Local Plan that apply to the Green Belt. Further details are available in the Plan itself which can be seen at the District Council's offices at Pippbrook, Dorking or the Help Shop, High Street, Leatherhead, and on the Council's website ( Inappropriate Development The Government introduced the term inappropriate development to describe development that would harm the Green Belt, particularly in detracting from its openness and appearance. This includes most types of new building such as the erection of a house on a vacant plot, or a new industrial development, or in some circumstances described later, extensions to dwellings. It is a basic principle that within the Green Belt there is a general presumption against inappropriate development. Such

3 development will not be approved except in very special circumstances. This is a tough test since it has to be demonstrated that the harm to the Green Belt, and any other harm, is clearly outweighed by other considerations. It is a test that can seldom be met. Development that may be allowed in the Green Belt Government guidance and the policies of the Mole Valley Local Plan do allow for certain limited developments to take place in the Green Belt, They include: agricultural buildings, limited infilling or small scale redevelopment within those villages "washed over" by the Green Belt identified in (Local Plan Policy RUD1)**, limited affordable housing for local community needs that accords with Policy RUD5, limited extension, alteration or replacement of existing dwellings The last category is likely to be of most interest to anyone owning or buying a house in the Green Belt, and more detailed guidance is now given on what may or may not be allowed. Note**: The villages are those marked with dots on the diagram at the end of this booklet.. Infilling is defined as the development of a small gap in an otherwise continuously built up frontage. Small scale redevelopment should also be within these frontages. In addition limited infilling and redevelopment may be allowed within one of three Major Developed Sites in Mole Valley's Green Belt (Brockham Park, RAF Headley Court and Queen Elizabeth Training College; see Local Plan Policy RUD21) Extensions to Dwellings A balanced approach is taken in responding to the needs and wishes of householders to create more living space in their homes while ensuring that harm is not caused to the openness and appearance of the Green Belt. Under Local Plan Policy RUD7, an extension to a dwelling may be permitted, provided it does not result in a disproportionate addition over and above the size of the original dwelling. In assessing whether the proposal is disproportionate, account will be taken of: The increase in floorspace The appearance of the proposal: whether it would be out of proportion with the original dwelling in terms of its form, bulk or prominence. There is no set figure indicating the increase in floorspace that may be acceptable, since each application will be considered on its merits. However an increase of over 50% is likely to be considered disproportionate, while an increase of less than 30% is likely not to be so. With regard to an increase in size that is between these figures, particular account will be taken of the second test, namely whether the extension would appear out of proportion. The increase in floorspace is measured against the size of the dwelling as it stood in 1968 when the policy was first introduced, or as originally built if that was since In the case of rebuilt dwellings, the increase is measured against the size of the previous dwelling as it was in In other words account is taken of extensions built since that date. This is in order to prevent a cumulative expansion of a dwelling that could harm the openness of the Green Belt even though the extension actually proposed may be modest. This long term view is important in safeguarding the openness of the Green Belt as a permanent feature. Although an extension may not be visible from public viewpoints, if it is disproportionate it can still harm the openness of the Green Belt and amount to inappropriate development. In all cases proposed extensions should not

4 detract from the appearance and character of the existing dwelling or the rural character of the area, nor create a building which is readily capable of being converted into more than one dwelling. Extensions that involve bulky or unsympathetic additions to the dwelling, including to the roof space, are most unlikely to be permitted. The policy does not distinguish between extensions to dwellings in different sized plots. To permit a significant increase in the size of dwellings merely because they are sited on large plots would undermine the objective of safeguarding the openness of the Green Belt. In some cases an extension to a dwelling may be undertaken under permitted development rights without the need to apply to the Council for planning permission. The fact that an existing dwelling is in the Green Belt does not affect these rights. However, various criteria must be met. Further information can be obtained from the Planning Department. Consent under the Building Regulations is necessary for most extensions, and further advice is available from the Building Control Team in the Planning Department. Replacement of Dwellings Sometimes the opportunity arises to rebuild or replace an existing dwelling which may no longer be suited to modern needs. However this should not result in a replacement building that has a significantly greater impact on the openness of the Green Belt than the original, particularly in terms of the size, bulk or spread of development. Therefore, under Local Plan Policy RUD8, a replacement dwelling may be permitted in the Green Belt provided that it: Is not materially larger than the dwelling it replaces. Is sited on or close to the position of the original dwelling; Does not detract from the open and undeveloped character of the countryside There is no set figure limiting the size of replacement dwellings. However a floorspace increase of more than 15% is likely to be considered materially larger and therefore constitute inappropriate development. In calculating the floorspace of the existing dwelling to be replaced account will be taken of any extension undertaken since However, this will also be counted against any future extensions to the replacement dwelling. As a result the scope to extend a replacement dwelling may be very limited. This is in order to prevent the cumulative expansion of development (compared to the original dwelling) that could, over time, harm the openness and appearance of the Green Belt. Sometimes it may be acceptable to include the permitted development allowance within the size of the replacement dwelling at the time it is approved. However, in such cases a condition will be applied removing any further permitted development rights to extend the dwelling. The policy does not distinguish between dwellings on plots of different sizes, for the reasons set out above under Extensions to Dwellings. Domestic Garages and Outbuildings A householder may wish to provide a new garage or other domestic outbuildings to serve an existing dwelling. In some cases these may be permitted development and a planning application will not be necessary. However, where planning permission is required such developments will need to be of suitable size and scale, both in relation to the character of the existing dwelling and in terms of their impact on the appearance and openness of the Green Belt.

5 Particular attention will be paid to the scale and form of the roofs of such buildings. Where a proposed garage is wide and requires a large roof span, perhaps with the intention of creating living accommodation in the roof space, the building can become bulky and intrusive, and therefore harmful to the appearance and openness of the Green Belt. Therefore, under Local Plan Policy RUD9, domestic garages and outbuildings will normally be permitted where they: are not excessive in size having regard to the dwelling they serve; do not constitute a dominant feature, having regard to the scale of the existing dwelling nor detract from the rural character or appearance of the locality; are not readily capable of subsequent conversion to residential accommodation, and would not replace an existing garage that has already been converted to that use; are for ancillary domestic purposes only. Extending the Garden Owners of houses in the Green Belt sometimes wish to extend the garden, or curtilage, of their properties into the surrounding countryside. Often this involves the enclosure and domestic use of open agricultural land or woodland that can have an adverse effect on the appearance and openness of the Green Belt. This is particularly so where it involves the construction of fences, domestic buildings or facilities such as a swimming pool or tennis court. Normally such a change of use would be considered to be inappropriate development, and therefore is unlikely to be permitted. However, there may be very special circumstances, for example where the character of the garden land and the proposed additional land are very similar, or the area concerned is very small or otherwise insignificant in terms of visual impact. This may justify permission in a particular case, but it is likely to be subject to a condition that removes permitted development rights to erect fences or domestic buildings and structures on the land that has been added. Keeping Horses The keeping of horses within the curtilage of a dwelling for the personal enjoyment of the occupants would not normally require planning permission, and there may be permitted development rights to erect stables or other ancillary buildings, subject to various criteria being met. Further information on what can be done is available from the Planning Department. The construction of stables, open fronted field shelters and other ancillary facilities also requires planning permission. Where such a proposal is well related to the residential property that it is intended to serve, it may be permitted provided it: is small scale, would not have a detrimental visual impact on the openness of the Green Belt or the rural character of the countryside. meets the other criteria in Local Plan Policy REC14, which require sympathetic design and external materials, sufficient land available for grazing and exercise, and an acceptable impact on neighbours, highways and bridleways (including existing users) and nature conservation interests. Conversion of Existing Buildings As a general principle, the conversion of existing buildings in the Green Belt to alternative uses, including the creation of new dwellings or more living space for existing dwellings, may be acceptable in the Green Belt provided various safeguards can be met. These are set out in Local Plan Policy RUD19. Of particular importance in considering residential conversions is whether the physical changes to the building and its

6 surroundings would materially harm not only the character of the building itself but also the openness and appearance of the Green Belt. Residential conversions can result in the greatest change both to the fabric of rural buildings, through the insertion of floors, doors and windows, and to the appearance of the landscape through the introduction of domestic features such as gardens and car parking. This can be particularly sensitive when dealing with historic buildings and/or those in attractive landscape settings. The Council is unlikely to permit proposals where the existing building cannot be converted without extensive alteration, rebuilding or extension, or if the creation of a residential curtilage would have a harmful effect on the appearance and openness of the Green Belt. Other Types of Development This leaflet focuses on Green Belt policies for developments most likely to be of interest to householders. However the general principles, including the presumption against inappropriate development, apply to other types of development. For example, the extension or redevelopment of existing industrial and commercial premises in the Green Belt will not be permitted (Local Plan Policy RUD22), but the conversion and re-use of an existing building for such purposes may be acceptable providing the criteria in Policy RUD19 are met. Small scale essential facilities for outdoor sport and outdoor recreation may also be permitted if they do not detract from the openness of the Green Belt and otherwise accord with the criteria in Local Plan Policy REC11. Areas of Landscape Importance The Green Belt in Mole Valley includes land that also lies in the Surrey Hills Area of Outstanding Natural Beauty (AONB), and is therefore recognised as being of national landscape importance. The extent of the AONB is shown in the diagram at the end of this booklet The policies for the AONB (Local Plan Policy ENV5) and also the locally designated Area of Great Landscape Value (Policy ENV6) have a different purpose to the Green Belt, namely to protect the special landscape character of those designated areas. However, the policies for the Green Belt and the areas of landscape importance do complement each other. Any development proposal in the areas concerned will need to accord with both policies. The Countryside beyond the Green Belt Green Belt policies apply to an area of countryside extending for only a limited distance beyond the edge of London. Within Mole Valley, the outer boundary of the Green Belt lies across the southern part of the district as shown in in the diagram at the end of this booklet The wider countryside beyond the Green Belt does not fulfil the fundamental purpose of permanently preventing the outward spread of London. Nevertheless it is a basic objective of Local Plan Policy ENV3 to protect the countryside beyond the Green Belt, and development that would adversely affect its open character will not be permitted. Many of the policies applying to the Green Belt apply also to the wider countryside but there is not, in addition, the general presumption against inappropriate development. There is also scope to review the policy for the wider countryside, while the Green Belt should be altered only in exceptional circumstances.

7 B2430 M25 ASHTEAD FETCHAM BOOKHAM B2122 LEATHERHEAD B2033 HEADLEY A246 A24 MICKLEHAM WESTHUMBLE BOX HILL BUCKLAND BETCHWORTH WESTCOTT DORKING BROCKHAM ABINGER HAMMER A25 WOTTON ABINGER COMMON A2003 NORTH HOLMWOOD MID HOLMWOOD SOUTH HOLMWOOD A24 LEIGH COLDHARBOUR LEITH HILL BEARE GREEN NEWDIGATE HOOKWOOD B2126 FOREST GREEN OCKLEY CAPEL CHARLWOOD A29 WALLISWOOD OAKWOOD HILL Metropolitan Green Belt Area of Outstanding Natural Beauty Crown Copyright. All rights reserved. Mole Valley District Council LA

8 Mole Valley District Council Pippbrook Dorking RH4 1SJ September 2004 Tel: Fax: