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Planning : UDP ...

Chapter 5- The Enviroment

• INTRODUCTION
• CONTEXT
• POLICIES & PROPOSALS
• GENERAL
• CONSERVATION OF ENERGY
• POLLUTION CONTROL
• HAZARDOUS INSTALLATIONS
• DERELICT & CONTAMINATED LAND
• WORKS OF ART
• ADVERTISEMENTS
• TELECOMMUNICATIONS
• NATURE CONSERVATION
• THE URBAN ENVIRONMENT
• URBAN OPEN SPACE
• TREES & LANDSCAPING IN URBAN AREAS
• THE HISTORIC ENVIRONMENT
• CONSERVATION AREAS
• BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
• HISTORIC PARKS & GARDENS
• SITES OF ARCHAEOLOGICAL SIGNIFICANCE
• THE RURAL ENVIRONMENT
• GREEN BELT
• SAFEGUARDED LAND
• OPEN BREAK - KILLINGWORTH
• TREES & WOODLAND IN THE COUNTRYSIDE
• AGRICULTURE
• HORSES
• THE COAST
• MINERALS
• NON-ENERGY MINERALS
• ENERGY MINERALS
• ALL MINERALS
• WASTE DISPOSAL
• MAJOR EARTHWORKS

INTRODUCTION

5.1 A principal concern of the Plan is to make the borough a more attractive place in which to live and work. This involves protection and improvement of the physical environment including the urban areas, the countryside and the coast. By so doing further investment will be attracted to the area, jobs will be created,visitors attracted and the livelihoods of future generations assured.

CONTEXT

The Environment of the Borough

5.2 The borough's environment is diverse in type and quality. Its character is largely shaped by its natural features and its land use history. Major influences have been and are the river, the coast, its otherwise fairly featureless topography, its geology and particularly the underlying coal seams and its proximity to a major urban centre. The land use pattern which has resulted is one of intense urban development along the river and continuous urban development along much of the coast with a fragmented pattern of development elsewhere based on former agricultural and mining settlements and an extension of Newcastle's urban area. This basic structure was laid down in the late 19th and early 20th centuries and much of it survives today.

5.3 The quality of a large part of the urban environment is poor because of its layout, design and physical condition. This applies particularly to the riverside belt but also to certain former mining settlements and to large inter and post-war housing estates. There are, however, areas of quality and character in many parts of the borough including the riverside belt. Urban open spaces as well as built development contribute to this character as do important relics of the area's history.

5.4 The in general visually flat topography and lack of tree cover result in a countryside which is generally unremarkable. Features of interest often relate to the area's mining history including reclaimed spoil heaps. However, locally minor topographical variations create areas of higher visual amenity and of nature conservation value. The latter include ponded areas formed by mining subsidence. Agriculture and particularly arable farming has an important influence on the environment of the northern part of the borough with hedgerows having been removed to create large fields. The countryside area also has an important role as a green lung for the conurbation with a network of footpaths and bridleways based on the old colliery wagonways.

5.5 On the other hand the coastal strip is a high quality environment. It has been retained largely in an open state and is valued both for its natural characteristics and wildlife and as a recreationalresource. This quality needs to be enhanced principally by good management of potentially conflicting land uses and activities.

5.6 The lack of quality in much of both the urban and rural environment does mean that there is great opportunity for improvements to be made. The process of environmental improvement has gained some momentum over recent years and has been particularly assisted in some of the older and poorer parts of the urban area by Urban Programme funding which has been available through Central Government since 1978. In the riverside strip improvement has since 1987 been funded through the Tyne and Wear UDC.The termination of the Urban Programme has been compensated to some extent by the City Challenge initiative which operates over a similar area, the most notable exclusion being the Longbenton Estate.

5.7 Elsewhere in the urban area and in the countryside resources for environmental improvement have been very limited. Most improvements have been dependent on private investment and the quality of development control has great significance in achieving wider environmental benefits. Particularly in the former mining settlements progress has been slow although there has been significant private investment in new housing. It is unlikely that in these areas there will be any dramatic transformation but rather an incremental improvement.

5.8 Much of the area's former dereliction has now been cleared although certain substantial scars remain. The legacy of the area's past heavy industries means that potential for land contamination is likely to be a recurring problem in new development.

5.9 Much has already been done to reduce pollution. Air quality has been improved by completion of a smoke control programme. Water quality in the River Tyne and on the coast has been improved by the construction of the Tyneside Interceptor Sewerage system. Noise nuisance is not a major issue although there are local problems related to the transport network including the flightpath into Newcastle Airport.

5.10 The particular environmental impacts of waste disposal and minerals are also covered in this chapter. Both of these activities have had substantial influence on the area's environment in the past. These activities are now more tightly controlled but potential developments could have localised impact during the plan period. Such developments may be accepted as necessary but their environmental impact would be minimised.

Policy Context

5.11 Environmental policy at local level has to follow national environmental strategy, and more specifically needs to take account of the advice given in Government policy guidance (especially PPGs). Policies of neighbouring local authorities and other public bodies also influence the environmental contents of the plan. The policies of the Plan take account of these considerations, which are detailed in the relevant sections of this Chapter.

POLICIES AND PROPOSALS

General

5.12 The plan seeks to control and direct change and in doing so to protect the best parts and features of the environment and encourage improvement elsewhere. The location of development, the type of development proposed for particular locations, and transport proposals and policies affect travel patterns and thereby energy demands and pollution.

5.13 Accordingly, the policies and proposals of this Plan have been drawn up to minimise the need to travel as far as possible and encourage such travel that does take place to be made by the most "environmentally friendly" means.

5.14 An important means of securing improvement of the environment is within the development control process by influencing the content and impact of planning applications. This involves giving advice and encouragement to applicants to realise developments which contribute to the improvement process. Conditions will be attached to approvals where necessary to ensure this. Applications which fail to meet required environmental standards will be refused. Certain types of development are the subject of specific policies and standards included in this document which give advice and set out the environmental standards which would normally be expected.

Conservation of Energy

5.15 The use of common sources of energy, although essential, contributes to global warming and acid rain, particularly through the generation of carbon dioxide emissions. Conservation of energy is therefore in the interests of this and future generations. There is an international agreement that emissions of greenhouse gases should be reduced, which is reflected in Government policy (e.g. PPG22 - Renewable Energy). The Local Planning Authority can make a contribution by encouraging and supporting a range of measures and projects both to save energy and to create energy in an environment friendly way and to see that such projects are compatible with other policies in the Plan. Energy can be saved in building design for instance by making best use of free solar gain, used more efficiently in schemes which generate both heat and power, generated from waste either by collecting methane from landfill sites or using waste as a fuel, or generated from renewable sources such as wind and tides. Measures to reduce the use of energy in the field of transportation are contained in Chapter 8.

Pollution Control

5.16 Pollution can arise from various sources usually associated with land use and development and can affect land, air, or water. It transcends administrative boundaries making control more complex. Much pollution arises from industry but pollution from traffic is a cause for growing concern. Patterns of development can impact on vehicle mileage and pollution. This is an important consideration for this Plan and is further considered in other parts of the document.

5.17 The planning and pollution control systems are separate but complementary. The Environmental Protection Act (EPA) and the Water Resources Act are the main pieces of legislation for controlling pollution.In many instances enforcement duties rest with the national Environment Agency. The Council has powers under the EPA to deal with atmospheric pollution from specific industrial processes (Local Authority Air Pollution Control-LAAPC) as well as general powers to deal with statutory nuisance.

5.18 Currently there are approximately 60 processes in North Tyneside which are authorised by either the Council or the Environment Agency. Details of the companies involved and copies of the authorisations are maintained on a public register held by the Council. The Local Planning Authority needs to recognise the potential effects of various kinds of pollution on land use and development in accordance with Government advice (PPG23) and therefore has a direct interest in the pollution implications of development proposals and on minimising pollution potential.

5.19 The regulating authorities require industries to comply with national standards and adopt techniques to prevent, minimise or render harmless polluting substances. In the case of LAAPC this entails using 'the best available techniques not entailing excessive cost' (BAT NEEC) and in the case of Integrated Pollution Control (IPC) regulated by the Environment Agency the "best practicable environmental option" (BPEO) The Local Planning Authority's role will be to support the pollution regulating authorities in reducing existing pollution, monitoring pollution and preventing future pollution.

5.20 While the use of BATNEEC and BPEO will provide guidance to the Local Planning Authority on particular proposals it may not ensure that a development is satisfactory in land use planning terms. The authority will want to ensure that any development will not be subject to or subject existing developments to nuisance or other adverse impacts.

5.21 Special consideration will be given to the pollution implications of the transport and highway net work where these impinge on sensitive land uses such as housing or schools.

5.22 Certain developments and existing installations will be subject to pollution regulatory control under Part 1 of the Environmental Protection Act either by the Environment Agency or by the local authority. The Local Planning Authority can specifically address the land use implications of such developments by ensuring that they are kept apart from pollution sensitive developments such as housing and schools

5.23 There was substantial pollution of the River Tyne until the early 1980's but the Tyneside Sewerage Treatment Scheme which involves collection and treatment of sewerage from both sides of the river at the Howdon works has improved river water quality. Waste water from the works is however still discharged into the river, and under the provisions of the European Union's Waste Water Treatment Directive this will need to be treated to a higher level than at present. This will require additional development at the Howdon works referred to in Chapter 4 para 4.42. The new coastal interceptor sewer from Whitley Bay and Tynemouth is now complete and will bring further improvements to the quality of coastal waters. Other improvements to the system are planned.

5.24 Noise and vibration are forms of pollution which require particular consideration. They give rise to serious problems for many people. Major sources include industrial premises and transport routes. Government advice (PPG24 - Planning and Noise) is that wherever practicable noise sensitive developments should be separated from major sources of noise. Where separation is not possible it may be practicable to control or reduce noise levels or to mitigate the impact of noise through the use of conditions or planning obligations. For instance developers may be required to carry out noise and vibration surveys and incorporate attenuation measures in their proposals where background levels are high. Where background levels are low conditions may be imposed on a potentially noisy development restricting late night opening or general operating hours and/or limiting noise levels on the site boundary. In certain cases however permission may be refused.

5.25 Noise and vibration in transport corridors is given detailed consideration in Development Control Policy Statement 7 (Development and Noise). This is developed in line with PPG 24 (Planning and Noise). In that document four categories of noise to which new dwellings would be exposed are identified, ranging from levels of noise which would not be a factor in granting planning permission, to levels where proposals for new dwellings would be refused.

5.26 The approach flight path to Newcastle International Airport crosses the north-west corner of the borough, and the Airport company in conjunction with the Council have identified in plan form those areas within which aircraft noise may be a material consideration in determining planning applications during the plan period. These areas are identified on the Proposals Map.

Hazardous Installations

5.27 The Planning (Hazardous Substances) Act 1990 and its related regulations came into force on the 1 June 1992. The Act requires hazardous substances consent to be obtained from the Local Planning Authority for the storage of specified types and amounts of hazardous substances. These are substances which would present major fire, explosion or toxic hazards to people in the vicinity. Hazardous substances consent is a parallel process to planning consent although the former may be required even where storage of materials would not require planning consent. The Health and Safety Executive (HSE) gives advice on the degree of risk relating to the presence of hazardous substances but the Local Planning Authority acting as Hazardous Substances Authority (HSA) must take the decision. There is provision for deemed consent to be given where substances were stored before June 1992. Within the borough 8 applications were received for deemed consent, these being mainly in the riverside belt.

5.28 The Local Planning Authority will give very careful consideration, in consultation with the Health and Safety Executive, to applications for development within a defined radius of hazardous installations. Particular attention will be paid to sensitive developments, likely to be occupied by large numbers of people. Existing hazardous installations and the surrounding consultation area are identified on the Proposals Map. In addition, part of North Tyneside lies within the consultation radius around the premises of Rohm and Haas at Jarrow (South Tyneside). Conversely new proposals to store hazardous substances or to vary existing consents would be considered in the context of existing sensitive development and uses in the vicinity.

Derelict and Contaminated Land

5.29 Derelict land is defined as land so damaged by industrial or other development that it is incapable of beneficial use without treatment. The District has suffered from dereliction related in particular to the demise of deep coal mining, the decline of heavy and polluting industry and the closure of rail transport links related to both of these use types. Mining related dereliction has particularly impacted on the outer parts of the borough whereas dereliction related to heavy industry has been concentrated in the riverside belt. Although much derelict land has been reclaimed since the 1960's there are substantial residual areas which require treatment particularly related to mining. With the disappearance of deep mining and the rundown of heavy industry new dereliction is not anticipated to occur on a significant scale.

5.30 Much recent reclamation has been undertaken in the riverside area by the Tyne and Wear Development Corporation(TWDC) including the major Royal Quays development site. The Council meanwhile completed the reclamation of Brenkley Colliery and associated wagonways in 1989 and the Blyth and Tyne railway land site at Tynemouth in 1993 .

5.31 For many years Central Government has operated a programme of Derelict Land Grant to restore derelict or contaminated land. In principle reclamation schemes by local authorities have been supported with 100% grant. Grant has also been available direct to the private sector. The Council has made an annual bid to the DoE. for assistance from the programme. During the period since 1988 the Council has carried out 10 major land reclamation schemes involving work costing a total of about £5 million. More than 30 ha. of land have been reclaimed in this programme for housing, industry and open space.

5.32 Often derelict land is contaminated but contamination is also found on other land. This may require urgent treatment because of risk to public health. Two sites in the borough have required emergency treatment in the last 5 years. The Environment Act 1995 requires the local authority to identify contaminated land, and gives it the power to serve remediation notices on appropriate persons.

5.33 As the Council depends on grant aid for finance to reclaim derelict land, and also because it does not own or control much of the existing derelict land it needs to be flexible in its approach. In principle however, priority would be given to those schemes which would have the greatest impact in terms of environmental improvement and urban regeneration. Within the open area the main objectives would be landscape improvement and increased recreational opportunity while within the urban area it would usually be to make sites available for appropriate development such as industry or housing. Proposals for new uses for reclaimed sites are described in appropriate chapters of the UDP.

5.34 Since April 1994 derelict land grant has been controlled by a newly formed urban regeneration agency (English Partnerships). First annual submissions were made to this body for 1994-1995.The Council's submission, for 1996- 1997 includes strategic programmes of reclamation for former colliery sites and for the riverside area.

5.35 The Council is completing reclamation of the Dudley Colliery and wagonway sites which started in September 1993. The colliery site is to be used in part for housing, in part as informal public open space and also for the relocation of a private football ground. A section of wagonway has been reclaimed and dedicated as a bridleway. Other colliery sites are yet to be reclaimed.

5.36 The Council owns derelict land associated with the former Eccles and Fenwick Collieries east of Backworth and is currently preparing a scheme for reclamation of these areas in a phased operation. Nearly all the land involved is to remain open in the long term and the uses proposed are recreational open space, woodland and agriculture. Some additional land would be acquired at Fenwick.

5.37 The Weetslade site east of Wideopen (50 ha.) comprises a major colliery spoil heap, smaller spoil heaps and an area of former railway sidings and small business premises. Negotations for the transfer of this land from the ownership of British Coal to English Partnerships are well advanced. It is the Council's intention to work with English Partnerships in particular to reclaim the site for leisure and amenity use (major spoil heap) and a strategic employment site for major investment (remaining part of the site).

5.38 There are several derelict sites in the riverside area of the borough within the Urban Development Area. Funding for reclamation of these sites has so far not been identified as Development Corporation resources are committed to other projects and derelict land grant is not normally available to the Council with in the UDA. Priority schemes have been identified however for the former Esso Refinery site and for the disused Bull Ring Docks, both at North Shields. Both of these sites are most suitable for employment uses.

5.39 Apart from the major former colliery sites, and riverside sites identified, amongst other derelict land requiring reclamation the highest prioritysites are the former land fill site at West Allotment which is proposed principally for recreational uses complementing major housing and employment developments in the area; the Amberley Building at Killingworth which the Council wish to be demolished and replaced by health and community uses; and a former pre fab site at West Moor to be cleared and reused for housing.

5.40 Other sites are likely to come forward for reclamation and the Council will need to be flexible in its approach. However the following sites are also proposed for reclamation during the Plan period.

5.41 The Local Planning Authority will need to anticipate the potential for dereliction or contamination when considering planning applications and when relevant seek to minimise the possibility of this happening by imposing conditions relating to restoration and where appropriate aftercare. This would apply to mineral working and waste disposal schemes but also to industrial development where buildings are unlikely to be adaptable to another use.

Works of Art

5.42 Art and sculpture in public places can add variety and character particularly although not exclusively to the urban environment. Projects have already been undertaken at certain locations in the older urban area notably at the Fish Quay, schools, a health centre and other sites. As well as supporting further projects within the existing urban fabric and particularly in key locations such as shopping centres the Local Planning Authority would encourage new developments in the public and private sectors to incorporate works of art. The Council intends to adopt a 'percent for art policy' and will encourage the involvement of artists in building developments and refurbishment schemes at the earliest possible stage. The Council will also act as an advisory body for developers wishing to commission new art works.

Advertisements

5.43 Advertisements can have a major visual impact on the environment. Control of outdoor advertisements is regulated by the Town and Country Planning (Control of Advertisement) Regulations 1992, and it is a task of the Local Planning Authority to ensure that advertisements do not become over intrusive but so far as possible blend into the townscape or landscape. Criteria for advertisement control on visual grounds will vary according to the type of area where they are proposed to be displayed, varying from Conservation Areas or residential localities to town centres or industrial estates. Government policy guidance on advertising is contained in PPG19 (Outdoor Advertisement Control). More detailed guidance on poster advertising is contained in Development Control Policy Statement 23 (Poster Advertising). The local planning authority may also have regard to the safe use or operation of any form of traffic or transport in considering applications for advertisement consent.

Telecommunications

5.44 Like advertisements telecommunications apparatus can have a considerable impact on the environment. It includes radio masts and towers, various kinds of antennae, radio equipment housing, public call boxes, cabinets, poles and overhead wires. Existing Government policy as expressed in national planning guidance (PPG8 - Telecommunications) is to facilitate the growth of new and existing communications systems while seeking to avoid detrimental impact on the environment. Control of the various types of apparatus is a complex issue because permitted development rights are available in many circumstances. The objective of Local Planning Authority policy will be to limit adverse visual impact where possible and particularly to combat the proliferation of equipment and apparatus in concentrations which damage environmental quality. This will be assisted by encouraging systems which lead to economy in the use of apparatus, and encouraging removal of redundant apparatus. More detailed criteria which the Local Planning Authority will take into account on consideration of planning applications for satellite dishes are set out in Development Control Policy Statement 30 (Siting of Domestic and Commercial Satellite Dishes).

Nature Conservation

5.45 The local planning authority must take account of nature conservation objectives and of Government planning policy advice (PPG9 - Nature Conservation) in preparing this plan. These objectives form part of the wider objective to achieve sustainable development through effective protection of the environment. They include the promotion of biodiversity (the variety of life in all its forms) and protection of natural features (for example those of geological interest). Specific sites range in their nature conservation value from international to local importance, and are identified on the basis of scientific analysis independent of the land use planning system. The designation and relative status of sites may change over time. Wildlife interest is however not confined to identified sites, and extends to include links between habitats (wildlife corridors) and the legal protection of particular plants and animals. New habitats for wildlife can be created, e.g. through reclamation schemes. Management of sites identified as having nature conservation value is particularly important.

5.46 The Council's planning policies for nature conservation take account of the Nature Conservation Strategy for Tyne and Wear published in 1988 and reviewed in 1994. This strategy was prepared by the local authorities of Tyne and Wear, English Nature, the Northumberland Wildlife Trust and the Royal Society for the Protection of Birds. The Strategy identifies valuable wildlife areas and contains policy guidelines relating to protection of sites, land management, and promotion of nature conservation. The Council's planning policies for protection of nature conservation sites reflect their relative importance. As part of its contribution to the Local Agenda 21 process, the Council is committed to the preparation of Biodiversity Action Plans (BAP) (aimed at maintaining and where possible increasing the variety of species). These will be adopted by the Council as supplementary planning guidance. The Council is a partner in the production and implementation of the Gosforth Park - Cramlington BAP. The Council will also review the use of Bylaws to support nature conservation objectives.

5.47 Designations of sites of international nature conservation importance derive from various international conventions or European Union Directives. Ramsar sites are listed under the global Convention on Wetlands of International Importance. In Europe, the best sites form the Natura 2000 series which are either Special Protection Areas (SPAs) classified under the European Union (EU) Directive on the Conservation of Wild Birds, or Special Areas of Conservation (SACs) to be designated under the EU Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora. Parts of the coast of North Tyneside are incorporated in both a Ramsar site and a SPA. These parts of the coast are mainly rocky shore and associated boulder/cobble beaches and are identified on the Proposals Map. A high level of protection in accordance with European Directives must apply to SPAs and SACs.

5.48 Sites of national nature conservation importance are designated by English Nature as Sites of Special Scientific Interest (SSSIs) under the Wildlife and Countryside Act 1981, and benefit from statutory protection under that Act. Consideration of development proposals in or near them is subject to special procedures reflecting their key importance. There are two SSSIs within North Tyneside, the Tynemouth to Seaton Sluice Cliffs SSSI (three areas of cliffs and rocks of geological interest) and the Northumberland Shore SSSI (part - of ornithological interest) which overlap. They are shown on the Proposals Map. (The proposed Ramsar/SPA site constitutes parts of the Northumberland Shore SSSI). In addition a third SSSI lies within Gosforth Park immediately west of the Borough boundary (within Newcastle City), of importance for flora and fauna. SSSI benefit from statutory protection under the Wildlife and Countryside Act 1981.

5.49 Within the Borough there are currently 26 sites of regional nature conservation importance for wildlife, providing a variety of habitats, known as Sites of Nature Conservation Importance (SNCI). The initial identification of these sites has principally been made by the Northumberland Wildlife Trust. Of equivalent nature conservation importance are Local Nature Reserves (LNRs) established by local authorities under the National Parks and Access to the Countryside Act 1949 after consultation with English Nature; and the Voluntary Marine Nature Reserve covering areas around St Mary's Island, established by the Council in partnership with other organisations. The Council will consider establishing further reserves where appropriate. There are no recognised sites of regional geological or geomorphologic importance (RIGS) in the Borough, the initial identification of which is undertaken by the RIGS North-East Group. All the above identified sites are defined on the Proposals Map.

5.50 The Council has identified a number of sites of local nature conservation interest (SLCIs). These are not of equivalent value to internationally, nationally, or regionally designated sites but are nevertheless significant in their local context. These sites are also defined on the Proposals Map.

5.57 Both within and outside the designated areas protection is accorded to certain plant and animal species and their natural habitats under the Wildlife and Countryside Act 1981, and the Conservation (Natural Habitats) Regulations 1994, implementing an European Union Directive and other international obligations. The presence of a protected species is a material consideration when a local planning authority is considering a development proposal which could if implemented result in harm to the species or its habitat. These habitats can include buildings.

5.52 The importance of links between nature conservation sites in promoting biodiversity is recognised in both European Union and National Planning Policy Guidance. Account is taken in this plan of the wildlife corridors identified in the Tyne and Wear Nature Conservation Strategy. These comprise strategic and local wildlife corridors, and wildlife links. The nature and effective extent of the strategic and local wildlife corridors will in practice vary according to their location, habitat, and the requirements of individual species. The areas of the corridors within which the effects of development proposals on movement of wildlife will be assessed are therefore shown as broad bands on the Proposals Map. Not all development proposed within the area thus delineated will have an adverse effect. In some cases the creation of an effective corridor will be dependant on redevelopment proposals which may come forward, and may take many years.

5.53 Wildlife links are narrow but extensive linear features such as pathways, disused wagonways, existing Metro and railway lines, highway verges, hedgerows and streams. They are not identified on the Proposals Map, but are evident on the ground. In the interests of clarity the council will confirm their location and extent in separate Supplementary Planning Guidance as soon as possible.

The Urban Environment

5.54 The character and quality of the built up area of the Borough is diverse. While the principle of protection and improvement applies to the whole of this existing area, because of restricted resources there is a need to concentrate action in those locations where it is most required or will have the greatest impact. The Council's environmental strategy for its Urban Programme Area gave priority to those areas with a high level of public accessibility and or visibility and to areas where basic environmental infrastructure is poor and where environmental schemes would complement social, housing or industrial improvements. This approach is reflected in the major improvement initiatives currently operating in the borough; the Urban Development Area, City Challenge and Estate Action. The kinds of areas which would be given a high priority are the town centres of North Shields, Wallsend and Whitley Bay, the older residential and industrial areas often associated with these centres, the principal transport corridors of the borough and large municipally built housing estates with social and physical infrastructure difficulties.

5.55 Other policies and proposals which are aimed at improving the quality of particular aspects of the built environment are contained in the other main chapters of this document, for example in relation to industrial and commercial improvement areas (Policy LE3).

Urban Open Space

5.56 Open space within the built up area is an integral part of the urban fabric and often has an important amenity as well as recreational and/or wildlife value. DoE guidance indicates the importance of retaining valuable amenity space within the urban area. Such open space can take a variety of forms such as public and private playing fields including those attached to schools and higher education institutions, informal open areas, parks, woodland and allotments. Policies relating to the protection and use of urban open space are contained in the Open Space and Recreation chapter of this document (Policies R1-R5).

Trees and landscaping in urban areas

5.57 Trees and landscaped features make a significant contribution to the character and appearance of the urban area and to nature conservation. Trees in parks and public open spaces, in private gardens and grounds and on streets and high ways are all significant in this respect. The borough is fortunate to have benefited from past street planting in certain areas e.g. in parts of North Shields. Many of the important groups of trees are protected by tree preservation orders (TPO's), more than 80 of which are operating in various parts of the borough, and further orders continue to be regularly made. These may cover one or two trees or many in related locations. Trees within designated conservation areas also have statutory protection. Other landscape elements including shrub and bulb planting, water features and land contouring are often associated with publicly owned land including highways. Major new landscaping works including a public park have been carried out by the Tyne and Wear Development Corporation as part of the Royal Quays redevelopment.

5.58 New planting and landscaping are an investment in the area's future environment and will be encouraged through the development control process in association with new development by attachment of landscaping conditions to planning consents. Where possible the Council will itself implement planting and landscaping schemes e.g. on existing open areas and in relation to hig ways. New planting should be of local native species wherever practical and appropriate.

The Historic Environment

5.59 There are buildings, sites and landscapes within the borough which because of their historic, architectural or archaeological interest are an important part of its heritage. These include already identified areas and buildings of architectural and historic character (conservation areas and listed buildings) other areas and buildings of character as yet undesignated, historic parks and gardens, ancient monuments and other archaeological sites and features. These are assets which require protection in the context of Government Policy Advice in PPG15 (Planning and the Historic Environment) and PPG16 (Archaeology and Planning).

Conservation Areas

5.60 The designation and review of conservation areas (areas of special architectural or historic interest) and the formulation of detailed proposals within them is subject to a separate statutory process from the preparation of this plan, but it is intended that the UDP should provide the policy framework for that process. There are at present 12 designated conservation areas in the borough which vary considerably in size, land use, architecture and character and the Council is required to formulate and publish proposals for their preservation and enhancement. (Existing boundaries of Conservation Areas are identified on the Proposals Map). Such proposals when prepared will be published as supplementary planning guidance and following appropriate public consultation adopted by the local planning authority. In the meanwhile in operating its development control powers the Local Planning Authority will work to these principles of preservation and enhancement, supported by the grant aid being made available for restoration work on buildings in conservation areas.

5.61 Most of the designations in the borough datefrom the mid 1970's, although there have been certain additions and amendments since that time. The most recent designation was that of Wallsend St.Peter's CA.in early 1995.This action was taken because of the threat of demolition to certain key buildings within the area around St.Peter's Church. The Local Planning Authority has a duty to review the designation of conservation areas from time to time.

5.62 It is not envisaged that boundaries of most existing Conservation Areas will require more than minor adjustments. Those where significant changes may be required are Camp Terrace, North Shields; Wallsend Green; and St. Mary's Island. Any review of existing Conservation Areas will be guided by a number of criteria relating to character or appearance. Work has already commenced on such reviews, including the preparation of character statements and enhancement proposals.

5.63 Four areas have been identified which appear to be of sufficient quality and interest to justify their designation as new Conservation Areas. These are 1. Cullercoats: harbour, original village, nineteenth century residential development, and open space. 2. Benton: areas of Victorian and Edwardian housing, offices, Metro Station and open space. 3. Monkseaton: old village core. 4. Fish Quay, North Shields: including historic buildings relating to military purposes and the fishing industry. Their full assessment, and detailed definition of boundaries, will be undertaken separately from preparation of this Plan in accordance with a programme under preparation.

5.64 The Council is required to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas in determining planning applications. This requires careful judgement by the Local Planning Authority of the impact of each development proposal in a conservation area and of its various elements. In addition development outside a conservation area may also affect its setting o views into or out of the area. Development Control Policy Statement 8 (Development Within Conservation Areas) sets out criteria which will be taken into account when individual development proposals are considered. The supplementary guidance to be prepared for each conservation area will assist this process. Building design, scale, use of materials, layout, treatment of spaces within and about development and relationship to existing development all take on additional significance in a conservation area. These elements will be closely examined in any proposed scheme to ensure that it does not adversely affect area appearance or character.

5.65 From time to time there may be developments which make a substantial contribution to the enhancement of a Conservation Area, but are contrary to Unitary Development Plan policies relating to other aspects of the development. In addition, in some cases strict application of development control standards would result in a reduction in the contribution made by a development to the enhancement of the conservation area.

5.66 Demolition of existing buildings in Conservation Areas can damage the quality and interest of these areas. This can be due to direct loss of architectural or historic interest, or the wider effects on the surrounding area. In addition, demolition of buildings requires a separate consent (Conservation Area Consent) from the local planning authority. In dealing with applications for Conservation Area Consent, the Council will apply the same criteria as set out in Policy E16/4 dealing with development proposals (planning applications) which result in demolition of existing buildings.

5.67 Trees make an important contribution to the character and appearance of most of the borough's conservation areas. Special statutory protection is given to all trees in conservation area, and this is reflected in Policy E16/2.

5.68 It may be necessary for the Local Planning Authority to seek additional powers to control development which would otherwise be permitted under general planning legislation in order to preserve the character of a conservation area. In particular this applies to development within the curtilage of dwellings where certain extensions and alterations to windows, doors and roofs do not normally require planning permission. The adverse consequences of this can be seen in almost all of the borough's conservation areas. The Government has recently introduced measures which allow local planning authorities to make directions withdrawing certain permitted development rights in relation to dwellinghouses after under taking local consultation and publicity. Other permitted development right withdrawals would still require directions to be approved by the Secretary of State for the Environment. If it is considered that permitted development threatens the overall character or appearance of a conservation area the Local Planning Authority may take advantage of the additional powers available to control such development.

Buildings of Special Architectural or Historic Interest

5.69 There are within the borough some 230 buildings or structures which are included on the statutory list of buildings of special architectural or historic interest. Many of these are within existing or proposed conservation areas. Such buildings are subject to strict controls regarding their demolition or external or internal alteration. These works require special consent (Listed Buildings Consent) as well as planning permission for any development. In considering applications for listed building consent the Council will apply the same criteria as set out in policies E17/2 and E17/3 relating to planning applications for the demolition or alteration of a listed building. Listed buildings are in a variety of ownership, use and condition. Currently some are vacant and neglected, others are only partly used. As well as using its powers to protect and conserve the fabric of these buildings both as an owner and as Local Planning Authority, including powers of grant assistance for restoration work, the Council will encourage proposals to bring them into full use of an appropriate nature. In certain cases the Local Planning Authority will consider granting planning consent for uses which would not be normally acceptable where this would ensure the preservation of a listed building otherwise threatened with demolition, or falling into serious disrepair.

5.70 There should be a general presumption in favour of the preservation of listed buildings. Only in extreme circumstances would the Local Planning Authority agree to development resulting in the demolition of a listed building. Before doing so it would need to be satisfied that all avenues had been explored to retain and use the building and that this had proved impracticable. A scheme of development for the site would need to be agreed and a contract for replacement development let before demolition takes place.

5.71 Extensions can obviously affect the character of a listed building and would only be permitted in certain circumstances and subject to close control, with regard to design and use of materials.

5.72 Alterations can be just as damaging to character and particular consideration will be given to the use of materials and design features to match those in the existing building. Use of UPVC as a substitute for timber would almost always be inappropriate. Restoration of original design features in traditional materials would be encouraged. Where internal alterations are proposed the Local Planning Authority. would expect that original architectural features would be retained.

5.73 There are certain restrictions on development within the curtilage of listed buildings. Listing status extends to objects or structures fixed to the building or objects or structures within the curtilage in existence before 1 July 1948. Subsidiary buildings within the curtilage therefore often have similar protection to the main building. This assists control over the setting of buildings. It is often important however that attention is given to the wider setting to encourage development which will complement the listed building, to discourage traffic intrusion and to maintain or introduce trees or landscaping. Where listed buildings are situated within conservation areas, positive proposals for enhancement will be published for the whole area.

5.74 There are other buildings and structures within the borough which are considered to have particular architectural or historic interest and their circumstances will be closely monitored and will be taken into account when development is proposed which affects them or their settings. A list of these buildings will be published as a separate document from the UDP, and will be reviewed from time to time.

Historic Parks and Gardens

5.75 There is a national register of parks and gardens of special historic interest and the effect of any proposed development on a registered site is a material consideration in determining planning applications. No parks or gardens within the borough are included in the national register. However, a list will be prepared of parks and gardens in the borough which are significant in the regional context, based on work already published by the Tyne and Wear Joint Conservation Team. Protecting the character and setting of these areas will be a material consideration in the determination of relevant development proposals.

Sites of Archaeological Significance

5.76 There are a number of sites of archaeological importance within the borough including 10 scheduled ancient monuments which are subject to statutory control and protection. Most notable among these are sections of Hadrian's Wall and the fort of Segedunum at Wallsend which are within the Hadrian's Wall Military Zone (HWMZ) a World Heritage Site extending from the Cumbrian coast to the Tyne. This designation reflects the outstanding international importance of the HWMZ. Clifford's Fort at North Shields and the Castle and Priory at Tynemouth also have great importance. The HWMZ as a whole is likely to become a greater tourist attraction through increased promotion and the development of recreational routes along it. It is anticipated that Wallsend as the eastern end of the HWMZ will gain particular significance. Care will be taken to ensure that new development does not have an adverse impact on the zone. A scheme will be prepared to enhance the appearance and setting of that part of the zone within the borough taking into account the Hadrian's Wall World Heritage Site Management Plan (July 1996), and published as supplementary planning guidance.

5.77 There are many other sites of archaeological interest, however, including sites where Anglo-Saxon, Roman and earlier finds have been made, the sites of old villages, mediaeval field systems and early industrial sites including many associated with the coal industry. A register of sites and monuments of archaeological interest is maintained by the Tyne and Wear Specialist Conservation Team and can be inspected at the Council's offices.

5.78 Archaeological remains are a finite and nonrenewable resource. They are valuable both for their own sake and for their role in education, leisure, and tourism. Government planning policy advice is contained in PPG16 (Archaeology and Planning). The principle on which the Local Planning Authority will operate is to protect and enhance important monuments and sites and their settings. This would of course include all scheduled ancient monuments. Those presently scheduled are identified on the Proposals Map. It would seek to preserve other sites and monuments in situ. Where a proposal is received which could affect a site of interest or potential the applicant will be required to undertake a preliminary impact assessment and where necessary an archaeological field evaluation before the application is determined. If it is shown that it is inappropriate or impossible to preserve the remains in situ the applicant will be required to arrange for investigation and recording of the remains before development starts. Where finds are made in other areas as a result of development the developer should notify the Local Planning Authority so that an investigation can be undertaken. Where conflict arises between archaeological and development interests the British Archaeologists and Developers Liaison Group Code of Practice will form a basis of reconciliation.

The Rural Environment

5.79 Large areas of the borough lie outside the main built-up area and are undeveloped. Some 25% is in agricultural production. While the undeveloped land is concentrated in the northern part of the borough it is fragmented by development. Fingers of development extend northwards towards the borough boundary in the west (Wideopen/Seaton Burn and Forest Hall/Longbenton/Killingworth) in the centre (Shiremoor/Backworth) and in the east (Monkseaton/Earsdon and Whitley Bay). Beyond the borough boundary to north and west there are other substantial settlements. This pattern of development does have the benefit of giving much of the borough's population easy access to open countryside. The value of the undeveloped areas is in the visual variety it gives as a landscape, as a recreational resource and for its natural history interest.

5.80 The Local Planning Authority will continue to treat the open countryside as a valuable resource to be maintained. Enhancement of the appearance and assets of the open areas will be encouraged. Open land on the edge of the built up areas is particularly susceptible to vandalism and neglect. Here in particular there is a need for positive landscape treatment and the encouragement of uses which can form a buffer between urban and rural areas such as certain kinds of recreational use.

Green Belt

5.81 Although so much of the Borough is rural open land only a limited area to the west of Seaton Burn and Wideopen is formally designated as Green Belt. This is part of a Green Belt area which surrounds the remainder of the Tyneside conurbation.

5.82 In approving the Tyne and Wear County Structure Plan in 1981 the Secretary of State for the Environment excluded a proposed extension of the Green Belt eastwards across North Tyneside. Although accepting the principle of Green Belt in the northern part of the borough he considered that further justification was required and that any proposals should be presented in conjunction with proposals for its extension into South East Northumberland. An alteration was subsequently proposed to the Tyne and Wear Structure Plan specifically extending Green Belt across North Tyneside to the coast but this was not accepted by the Secretary of State because of the then impending abolition of the County Council.

5.83 The Tyne and Wear Green Belt Local Plan which was adopted by the former County Council in 1985 defined the precise boundaries of the Green Belt within the county. The purpose of the existing Green Belt is to check urban sprawl, to safeguard the countryside and to prevent neighbouring towns and settlements merging. It also assists urban regeneration by channelling development activity into the urban area and conserving land and energy resources.

5.84 In Strategic Guidance to the Tyne and Wear authorities for UDP preparation the DoE has requested the Council to consider an extension of the Green Belt into North Tyneside. Northumberland County Council in a review of its Structure Plan and Blyth Valley Borough Council in its deposit district local plan are currently proposing a complementary area of Green Belt in South East Northumberland.

5.85 PPG2 (Green Belts) issued in January 1995 has confirmed the purposes of Green Belt designation, set down objectives for land use within Green Belt areas and re-defined development control policies.

5.86 A Green Belt has therefore been defined which satisfies the criteria contained in PPG2 (Green Belts) and provides long term protection from development for much of the Borough's open area.

5.87 PPG2 (Green Belts) states that the most important attribute of Green Belts is their openness and this is reflected in the objectives specified for the use of land within them. These are concerned with outdoor recreational activities, landscape protection and improvement, nature conservation and the traditional commercial activities of agriculture and forestry. It is noted, however, that 'the extent to which the use of land fulfils these objectives is not itself a material factor in the inclusion of land within a Green Belt or in its continued protection. The purposes of including land in Green Belts are of paramount importance and take precedence over the land use objectives'.

5.88 The Tyne and Wear Green Belt Local Plan which was adopted by the former County Council in 1985 provided a set of development control policies to operate within it. These policies have applied to the limited areas of land already designated as Green Belt within the borough. Development control policies are now proposed for the existing and extended Green Belt designation which are in line with PPG2 (Green Belts). Designation strictly limits the type of development which would be allowed.

5.89 In general terms permission would not be given for inappropriate development which by definition would be harmful to the Green Belt. This would include development which would prejudice a purpose of the Green Belt or prejudice fulfilment of a Green Belt objective or would not maintain a high environmental standard.

5.90 Construction of new buildings in the Green Belt would be inappropriate unless it is for certain closely defined purposes which are considered acceptable. Agriculture and forestry and essential facilities for outdoor sport and outdoor recreation, for cemeteries and for other uses of land which preserve the openness of the Green Belt are purposes which are acceptable in principle.

5.91 It is important that where a new building is justified within the Green Belt for an appropriate purpose, care should be taken that the visual amenities of the Green Belt will not be damaged either by unsuitable siting or design, for instance in a prominent location unrelated to other development. Generally conversion of an existing building or its location within a group of existing buildings would avoid detrimental visual impact.

5.92 Limited extension or alteration of an existing dwelling within the Green Belt would generally be permitted subject to an acceptable design but formation of a further dwelling within the altered or extended building would usually not be acceptable. A proposal for the latter, or for the siting of a residential caravan would all be treated as if they were for new dwellings in the Green Belt and would have to be justified.

5.93 The change of use or re-use of buildings would not normally threaten the purposes or objectives of the Green Belt or indeed its openness and therefore would usually be acceptable. If, however, the proposed use is likely to have an impact on the openness of the Green Belt then the change would not normally be permitted. This would also be the case if the buildings are not of permanent or substantial construction or if they are out of keeping with their surroundings.

5.94 While other policies of the Plan seek to ensure that development within the Green Belt would not be detrimental to its visual amenities, development outside but on the edge or close to the Green Belt can have a visual impact which would be damaging to outlook from the Green Belt. Such development may be deemed undesirable because of its design, scale and character.

5.95 There is an intention to secure landscape improvements in the Green Belt. While resources for such works are very restricted at present the Council will co-operate as far as possible with other agencies such as the Countryside Agency and English Nature, with local organisations and with landowners to bring about improvements.

Safeguarded Land

5.96 Having defined the Green Belt there remain areas of open land which may be required for development beyond the Plan period. Like the Green Belt these areas can have amenity and recreational value and are often closer to the main concentrations of population. It is important that development in these areas is strictly controlled. Only parts of the area are likely to be required for development beyond the Plan period. Other parts may be shown in future development plans as reserved for recreational and amenity open space, in some cases complementing future new development. Its appearance, character, and use should not be allowed to suffer from the detrimental effects that an expectation of development might bring. In addition positive measures to improve the landscape of these areas should be taken.

Open Break - Killingworth

5.97 Open land to the south of Killingworth forms a valuable break between the built up areas of West Moor, Forest Hall and Palmersville to the south, and Killingworth to the north. It also forms part of the setting of Killingworth Village, a Conservation Area. Much of the land is to be retained in its open state through policies protecting open space. This protection is completed by protecting the open nature of other land in this location.

Trees and Woodland in the Countryside

5.98 The open countryside of the borough is dominated by agriculture. There is very little woodland and tree cover generally is sparse. Tree planting has most often been associated with reclamation schemes such as at Backworth 'C' Pit and Rising Sun. In parts of the rural area hedgerows have been removed to facilitate arable farming. The lack of substantial tree cover and absence of strong hedgerows combined with the topography of the coastal plain tends to produce a bland landscape although in parts long distance views are important. It is important that the Local Planning Authority protects existing trees and encourages or implements new tree planting. Some groups of trees within the rural area are already protected by tree preservation orders. In addition, important hedgerows in the countryside are now protected from removal under the Environment Act 1997. Mature trees improve the landscape and they can provide a commercial crop with proper management. There are various opportunities for supplementing planting in the rural area. Grants are available for woodland and hedgerow planting from various bodies. The Council also has the opportunity to plant trees on land it owns, or to work with other landowners to implement new tree planting. New planting in rural areas should be of local native species.

5.99 There are at least three ways in which the Local Planning Authority can specifically encourage woodland planting. Derelict land reclamation presents an opportunity for direct action and woodland planting is likely to feature in proposed schemes at Weetslade and at Fenwick and Eccles where it does not conflict with the nature conservation value of the sites. Where there are private schemes which involve earthmoving the authority can require restoration works which include woodland planting. The authority can also promote the establishment of community woodlands. The latter are financially assisted by the Forestry Authority and are targetted to areas close to towns and cities where opportunities for woodland recreation are limited. These woodlands must be accessible for informal public recreation. Three Council-owned sites are suggested initially.

Agriculture

5.100 Some 2,000 ha of land or about a quarter of the area of the Borough is in agricultural use. This is dominated by cereal growing which has a major influence on the appearance of the Borough's countryside. The trend is for the area of agricultural land to reduce because of development and more recently as a result of EU agricultural policy. During the 1980's the area of agricultural land in the borough declined by some 10%.The current setaside scheme provides an incentive for farmers to reduce production in the arable sector. At the same time farmers are being encouraged to pursue environmental objectives, including the conservation and enhancement of natural beauty, wildlife and public enjoyment of the countryside. There are environ mental requirements built into the setaside scheme.

5.101 Nevertheless Government advice is that the potential of the best and most versatile agricultural land should be maintained as a long term safeguard. Within the Borough this is land which is classified Grade 2 and 3a by the Ministry of Agriculture, Fisheries and Food.

Horses

5.102 The use of land for keeping horses for non agricultural purposes and for buildings to house them normally requires planning permission. There appears to be increasing pressure for such development close to urban areas, and undoubtedly such activities serve a useful recreational purpose (see Open Space and Recreation chapter). Small stables for outdoor sport and outdoor recreation may be acceptable in both Green Belt and safeguarded land. However such developments can harm the appearance of areas of countryside already under pressure owing to its urban fringe location, due to high intensity of use, the presence of jumps etc, and poorly designed or maintained buildings. As with any proposed development, in some cases highway safety may be an issue. Accordingly the following policy will be applied by the Council to such development:

The Coast

5.103 The coast including the river estuary is the out standing element in the environment of the Borough. Although mostly backed by urban areas the coastal strip has generally been maintained in an open state. It is also predominantly in public ownership. An important consideration is that the coastline is dynamic and requires management or protection in the face of the natural forces of the sea and the wind.

5.104 Its natural qualities and man made features generate conflicting interests which need to be reconciled. Visually it is very attractive and it is also recognised as being of national and international nature conservation importance. It has archaeological and historic sites, and it offers a variety of recreational facilities mainly but not exclusively outdoors. Its attractions support a significant tourist industry which makes an important contribution to economic activity in the borough. The basic issue is therefore to strike a balance between human activity and protection of the natural environment.

5.105 It is considered that this can only be achieved by protecting the area between the coastal road and mean low water (beyond which the local planning authority has no development control powers) from most types of development. This is in accordance with national planning advice (PPG20 - Coastal Planning) that normally only development requiring a coastal site should be permitted in such locations. The key to balancing human activity and the natural environment is however a management plan to regulate the use of the defined area of coastal protection.

Minerals

5.106 This Plan is specifically required to contain policies for minerals which in non-metropolitan areas would be contained in minerals local plans. The Council as a metropolitan district is the minerals planning authority for its own area.

5.107 Minerals can be divided into two broad categories-energy and non-energy. The former comprises coal, oil and gas.

Non-energy minerals

5.108 The Tyne and Wear Minerals Local Plan has since its approval in 1989 provided a policy context for the working of non-energy minerals in the metropolitan county. It was initiated by the former Tyne and Wear County Council.

5.109 Non-energy minerals can in turn be divided into aggregates and non aggregates. The former includes sand and gravel, crushed rock and other suitable materials such as pulverised fuel ash and also waste material resulting from the quarrying of other minerals. Non aggregates cover other construction minerals such as brick clay, building stone and slate and also metalliferous minerals.

5.110 The Tyne and Wear Minerals Local Plan has provided for the county's contribution to aggregates production as required by national and regional guidelines. These guidelines (MPG6) were revised in April 1994 and revised county contributions within the Northern Region have subsequently been agreed. None of this provision is, however, to come from North Tyneside, there being no known workable reserves of the relevant minerals in the borough. Sea-dredged aggregates are, however, landed in the borough at Howdon Wharf and the new guidelines require an increased contribution from imported materials which could necessitate the provision or extension of river wharfage. The guidelines also indicate an increased contribution from secondary resources, principally recycled construction materials, which could also have implications for the borough. Such recycling is encouraged by waste policy E30.

5.111 The Minerals Local Plan also made provision for the recovery of non-aggregates and again proposed no contribution from North Tyneside. The only possible known sources of nonaggregate production in the borough are the fireclay which could be worked in association with coal, as was recently proposed at Burradon Farm, and the sandstone resources which exist in the northern part of the borough. These latter resources represent the thickest sandstone beds in the Coal Measures sequence in the county but are untested in terms of quality and physical and chemical characteristics. The county's supply of building sandstone currently comes from Springwell Quarry in Gateshead where there are extensive permitted reserves. In current and foreseeable circumstances it is not considered necessary to specifically safeguard any sandstone resources in the borough.

Energy Minerals

5.112 The Tyne and Wear Minerals Local Plan did not deal with energy minerals. Of these only coal is known to constitute workable reserves in the borough. The impact of oil and gas production is significant in the borough but only to the extent that it accommodates support and construction bases for North Sea installations.

5.113 The borough has a long history of coal working with coal measures having been accessible to deep mining across the whole area. The coal measures are generally overlain by superficial deposits such as boulder clay. The last deep mine in the borough, at Brenkley, Seaton Burn, closed in 1985. In places the coal bearing seams are not far below the surface and there are several outcrops. Since 1945 this has led to opencast working of a number of areas. Most recently two small sites known as Spine Road East and Spine Road West respectively east and west of the A19 north and west of its junction with the A191 have been worked. Both have been restored.

5.114 National planning guidance on coal mining is provided by MPG3, revised in March 1999. This indicates that planning authorities are now expected to determine the acceptability of proposals on an individual basis, paying particular regard to environmental impact as well as all other material considerations; and that there will normally be a presumption against development unless strict environmental tests can be satisfied. These tests should be especially strictly applied within the Green Belt.

5.115 Government guidance does acknowledge, however that opencasting can, in some cases, help to clear derelict or despoiled land, or remove instability from old mineral workings where this is an essential prerequisite to site development. In such circumstances it recommends that proposals for site restoration, and the extent to which the overall proposals provide benefits to the community, should be weighed against the severity of the harm likely to be caused while development is in progress, and the timescale for restoration. It also indicates a further responsibility to ensure that provision for other development does not unnecessarily sterilise coal resources where these might be removed in a way which is likely to satisfy the very strict environmental safeguards applicable.

All Minerals

5.116 There are many factors which need to be taken into account in assessing the community costs and benefits of a mineral extraction scheme. These have to be considered individually and in combination to reach a balanced judgement. Environmental impact is of particular importance. A site which is close to a settlement or can be viewed from an important transport route, which has some landscape value and which is to remain open in the long term, would in principle be open to greater objection than a site on derelict land or which is to be developed for housing or industry. It is also likely to be the case that in an area of restricted size and with a substantial population such as North Tyneside almost any mineral working proposal would raise some valid environmental objection. At the same time economic factors such as a need for the mineral or employment provision can be significant. A specific consideration would be the prospect of sterilisation of mineral reserves by other development.

5.117 Mineral working proposals in Green Belt areas raise particular issues. Although not unacceptable in principle the MPA would need to be sure that the particular purposes and objectives of the Green Belt (see policies E20 and E20/1) would not be prejudiced and that high environmental standards would be maintained and the site well restored.

5.118 If a proposal for mineral working is in principle acceptable to the MPA. it will need to be satisfied that its environmental impact on neighbouring communities would be minimised. It will also seek to ensure that restoration is tailored to the afteruse and that the site can be quickly assimilated into the surrounding landscape. On a large site progressive restoration would be required. Where possible long term enhancement to the landscape would be the objective. The MPA will prepare further guidance to assist potential developers to meet detailed requirements. These requirements will normally be reflected in conditions imposed on the consent. Where such matters cannot be sufficiently controlled by means of planning conditions alone the Local Planning Authority may seek appropriate planning obligations to ameliorate harm or to secure relevant and legitimate local benefits which out weigh that harm.

Waste Disposal

5.119 This Plan is required to contain land use policies for the treatment and disposal of waste which in non-metropolitan areas would be contained in waste local plans

5.120 Central Government policy on waste disposal is related to the Environmental Protection Act (EPA) and is expressed in its strategy documents, 'This Common Inheritance' 'Making Waste Work' and 'Sustainable Development'. Advice on waste disposal matters is given to Local Planning Authorities in PPG23 ('Planning and Pollution Controls').

The framework of Government policy is

• to minimise the amount of waste produced
• to make the best use of the waste that is produced • to minimise pollution from waste and
• to define a hierarchy of waste management options. At the head of the latter is reduction followed by re-use, recovery and disposal.

5.121 The Government is seeking to minimise waste production by its introduction of integrated pollution control to be operated by HMIP for those industrial processes which are potentially most polluting and by encouraging development of cleaner technology. It also, however, encourages the manufacture of products that are likely to result in less waste when they are used, for instance by using less packaging, by using re-useable or recyclable materials or by producing longer lasting products.

5.122 Re-use of packaging and containers will reduce waste and has further potential although account has to be taken of the raw material and energy demands involved in the process e.g. cleaning and transportation.

5.123 Recovery involves collecting materials from waste and processing them to produce marketable products, recycling, composting and production of energy from waste. Again there is considerable scope for action although in some circumstances recovery could have a greater impact on the environment than disposing of the waste and manufacturing anew. The Government's primary national target for the management of waste is currently to reduce the proportion of controlled waste going to landfill from the present 70% to 60% by 2005, and to recover 40% of municipal waste by 2005, as well as achieving 25% recycling or composting as soon as possible. A system of recycling credits whereby savings in landfill costs is passed on to those who remove materials for recycling is also in operation. Recovery also includes landspreading of sewage sludge and energy recovery from waste which is a component of national energy policy.

5.124 There will however remain a need to dispose of residual and non-recyclable waste. There are two main methods of disposal - landfill and incineration- and about 90% of British waste is currently disposed of by landfilling. The requirements in the EPA will substantially increase the costs of waste disposal and particularly of landfill. There are licensing and inspection costs and a long term obligation on the operator to ensure the aftercare and safety of the site. In addition a landfill levy is being introduced. These costs are likely to make incineration more economic. It is clear however that even allowing for the increased use of incineration there will remain a landfill requirement for both primary waste and incinerator residue. Sites must therefore continue to be made available to provide for anticipated waste arisings. The principles for the provision of waste disposal facilities for both primary waste and incinerator residue are that provision should be made close to the point where the waste is generated (the proximity principle) and that each region should provide sufficient facilities to treat or dispose of all the waste it produces with an adequate landbank available for the future. There is no requirement that Districts or indeed Counties should be self-sufficient in facilities.

5.125 There are two main categories of waste, firstly controlled wastes which include household, commercial and industrial wastes and secondly non-controlled wastes which are mainly derived from mines, quarries and agriculture. The policies in this plan relate to controlled wastes. Non-controlled wastes, although nationally accounting for about 75% of all waste, are unlikely to feature significantly in the borough over the plan period. It would be expected that overburden excavated in any future opencast coal extraction schemes would be returned to the voids created.

5.126 No comprehensive statistics are currently available for waste arisings but the newly formed Environment Agency (EA) which incorporates the former Waste Regulation Authorities (WRAs) can provide figures for controlled waste disposal at landfill sites. These are derived from site operator surveys. For Tyne and Wear these show that over the most recent 3 year period surveyed (April 1991-April 1994) an average of 1.71million tonnes of waste was disposed of annually at landfill sites in the county comprising:

Landfill Waste Disposal. Million tonnes p.a (average 1991-94)

Household	0.24	(14.0%)
Commercial/industrial	0.19	(11.1%)
Construction	1.18	(69.0%)
Incinerator residue	0.08	(4.7%)
Special wastes	0.02	(1.2%)

Source: EPA

There is also, however a net outflow of waste from Tyne and Wear to the adjacent counties of Northumberland and Durham where there is a range of disposal facilities easily accessible from parts of the metropolitan area.

5.127 Within Tyne and Wear over the same period 66.8% by weight of all waste landfilled was in Gateshead. The equivalent figure for North Tyneside was 11.7% (Newcastle 3.8%). This situation has arisen because of the availability of a large volume of mineral working void space in Gateshead, much of which is subject to planning policies to allow infilling with imported waste to assist landscape restoration. Elsewhere in the county there are other mineral working voids which can only be filled by importing waste.

5.128 Until March 1994 the primary disposal point in North Tyneside for refuse collected by the Council was the Tynemouth Incinerator at Percy Main. This dealt with about 115,000 tonnes of refuse p.a. It required upgrading to meet current environmental standards and was closed pending refurbishment or replacement. Since 1998 the site has been equipped with a purpose designed waste transfer station incorporating a materials recycling facility, and capable of handling more than 80,000 tonnes per annum. Some 80% of the waste collected is transported to a waste to energy plant on Teesside, the remainder going to landfill, or for re-cycling.

5.129 Disposal of controlled waste is subject to a dual control system. A site must have planning consent before it can be licensed. Local Planning Authorities are charged with controlling the development and use of land for waste disposal purposes and the preparation of waste local plans or policies referred to above. The role of the Environment Agency, identified in 'Making Waste Work' is to - assess best options for dealing with waste arisings - provide information to assist local authorities in their development plans- improve information about waste management in order to measure progress towards the achievement of targets - plan properly for the right mix of waste management facilities in each area.

5.130 The latter plans are primarily concerned with the strategic aspects of treating and disposing of controlled wastes, and are designed to integrate with and provide a basis for local authority waste disposal policies and practices. They should anticipate the types and quantities of waste arisings and the need for different types of disposal facility. In advance of setting up the Agency the DoE issued a draft waste strategy for England and Wales which applied the principles of sustainable development to waste regulation.

5.131 There is clearly a need for inter-authority coordination of planning policy for waste development. With the advent of the EPA which effectively places all disposal of waste in the private sector, with local authorities acting only as clients and arrangers, there is no longer a prime requirement for each authority to have its own municipal disposal sites. This is resulting in more cross-boundary movement of waste including movement across county boundaries. NorthTyneside will need to work closely with other Local Planning Authorities in the county and with the EA to ensure that sufficient facilities of the right type and in the right locations creating the least adverse impact on the environment will be available. To achieve this there will also need to be consultation with other County authorities in the region.

5.132 A study conducted in relation to an appeal on a waste disposal application at the former Weetslade Colliery indicated that the permitted landbank within South East Northumberland, Tyne and Wear and North and Central Durham is sufficient to provide for demand from that area for the 10 years from mid-1993. This conclusionwas based on a projection of average annual demand taken over the period 1990-92 and an assessment of landfill capacity with permission which is likely to be available.

5.133 Landfill encompasses both the filling of holes in the ground and land raising. The latter according to Government advice may be an appropriate method of disposal where insufficient fill opportunities exist provided that schemes can be designed to blend in with the surrounding landscape. Usually landfilling is associated with mineral working. In North Tyneside there has been very little mineral working other than coal and holes created have all been filled. The only potential for landfilling therefore relates to any future opencast coal working and any application for final disposal of waste is therefore likely to involve land raising.

5.134 While landraising may have certain technical advantages over landfilling particularly in terms of dealing with ground and surface water pollution, it is generally less acceptable visually. Future landfill sites are likely to be large and of long life because of the costs involved and the long term commitment required from the operators. Any such site in North Tyneside is likely to be visually prominent apart from consideration of other impacts on local communities. While in principle waste disposal could assist the reclamation of derelict land the benefit in relation to derelict land in the borough would be outweighed by the prolonged timescale for reclamation and the prominent landforms created. The Local Planning Authority would need to be convinced that any landraising site is totally justified by demand and that facilities in neighbouring areas where there are old mineral workings to fill would not be sufficient to accommodate anticipated waste arisings in a more environmentally acceptable way. A particular consideration is the possibility of the anticipated rate of disposal not being achieved which could result in an even longer period of operation and landscape disruption. Any proposal for landfill will therefore be subject initially to an assessment of need which will take account of anticipated waste arisings an