Planning Constraints

As part of determining a planning application, planning constraints related to that development are assessed to ensure that all environmental issues are considered and the required statutory consultees are consulted.  As part of determining a planning application various internal departments and sections would be consulted in additional to external consultations.  The following planning constraints are internally maintained within the County Council

Archaeology
Should an application related to the removal of soils or significant amounts of material from virgin land the County Planning Authority would consult the County Council Archaeology Team to gain professional advice.  The Archaeologist would assess the proposed application using geographical information and local research and history to determine if the proposed development would have a significant impact on local archaeology.  
If the County Archaeologist is unable to determine if there would be significant archaeological interest within the application area or has determined that there is a possibility of identifying archaeological features, mitigation measures would be identified to ensure the proposed development does not impact archaeological features.  Mitigation measure may include a watching brief during the construction process or trial trenching
For information please contact the County Archaeological Department - 0116 305 8326

Heritage
Planning applications may impact or affect the settling of a listed building or lie within a conservation area.  Alternatively the application could physically alter a listed building if this is the case a Listed Building  Consent is required.  The County Planning Authority would gain advice from the County heritage Team when processing a planning application that could affect a Listed Building, Conservation area or Scheduled Ancient Monument.
Listed buildings are classified into three grades, grades I and II* are deemed to of outstanding national importance, grade II is of national importance.  English Heritage can assist the classification of a listed building or clarifying the grading of a building.
Conservation areas are specific zones that have been identified in order to recognise their special value to the historic environment.  Local Authorities designate conservation areas.  Buildings within a designated conservation area are protected against demolition.  Local Development Plan Proposal Maps identify the location of conservations.
Scheduled Ancient Monuments are classified as being of national archaeological importance and are included on the list by order of the Secretary of State, the list is maintained by English Heritage
Should you require any support guidance or information our Heritage Team can be contact on 0116 305 7063

Highway Authority
The County Highway Authority is a statutory consultee should the proposed development significantly affects existing highway networks, if a new access is required or if an existing access is altered.  The Highway Authority provides advice not only to the County Council but also District Planning Authorities.  In order to manage and mitigate the impact of a proposed development on the local highway planning conditions, routing agreements or 106 legal agreements may accompany any planning approval.

Landscaping
The impact of a proposed development on surrounding properties, listed buildings, environment and local landscape needs to be assessed and the County Planning Authority would seek professional advice from the County Landscape Officers.  The County Landscape Team assists the development and design of internal projects and developments while also assessing external applications at the request of the Planning Group.  Comments would be given on the design, colour, location, position, planting mix, species and landscape scheme formation.

Rights of Way
The Rights of Way Team provide guidance primarily for designers, developers and lanners as to the best ways in which Public Rights of Way can be incorporated within sites that are being developed.  Public Rights of Way are significant recreational assets and therefore it is important that the aesthetic value of public rights of way as well as their utility, is preserved within new developments.  Planning applications may affect existing rights of way or provide the opportunity to develop new routes.  The County Council hold geographical data of definitive routes within the County and are consulted by the Local Planning Authority on any development that might affect a rights of way, for more information please contact  the Rights of Way Team on 0116 305 7083

The County Council issue TPO on our own land, land we have an interest as the Local Planning Authority and when a woodland crosses two district councils.  The County Council is also responsible for amendments, alterations, felling of trees currently preserved under the County Councils control.  Before work is carried out on any tree in a Conservation Area or which is the subject of a Tree Preservation Order the consent of the Council is normally required.  When assessing a planning application the development would be assessed to identify if the site lies within a conservation area, if any of the trees have a preservation order and if the development would affect any trees.  To determine if any trees located within the application area have tree preservation orders it is advised that you contact the District Council and the County Council.  Should you wish to gain more information please contact the Environmental Action team on 0116 305 7067 you can also download TPO application forms and guidance notes online.

The County Council generally accord with the Town and Country Planning (General permitted Development) Order 1995, with regards to article 3 and 4.  The County Council does use Article 4 to restrict permitted development related to the winning and working of mineral due to the sensitivity of operations.  

There are other external Planning Constraints that should be assessed when determining a planning application.  

Local Authorities must produce a contaminated land strategy that sets out how contaminated land will be identified. and in what time scale.  The inspection process must be ordered, rational and efficient.  The statutory guidance states: “The local authority has the sole responsibility for determining whether any land appears to be contaminated land.” This responsibility includes:

Please contact the relevant district council should you have any concerns or questions about contaminated land. -

Planning is an important tool to help prevent flooding, and manage flood risk.  Government has reviewed flood risk guidance and have produced Planning Policy Statement 25 which aims to reduce and manage present and future flood risk, and ensure that flood risk is taken into account at all stages of the planning process to avoid inappropriate development.  The Environment Agency holds all relevant information to determine if a development is located within a flood risk area and other related information.